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Agenda 11-05-03 The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA NOVEMBER 5, 2003 Gerald Broening Mayor At Large Ronald Weiland .B i ~ ~ ~ Commissioner . ~DISTF~ICT IV ~ '~ , MackMcCray ~,~,-- ...... ~ ~ / ,/ Commissioner ~ 31ST I T I District I, _.0...,_ [` j ,RIq / Mike Ferguson -~ .... ~'"'~ .~ ~~~~ Vice Mayor ~ ~ JDI'~TRI,:TiII// Carl McKoy , ~" :'~~ /~. Commissioner ~/,~ District IV DISTRIt ,T I ' Ku~ Bressner ~ City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLZC PART~C:[PAT~ON AT CZTY OF BOYNTON BEACH COMMTSSTON MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda ]:rems: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda :Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKTNG AT COMMTSSZON MEETZNGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters nQt listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda :[tems: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSZNG THE COiVlM:~SSZON: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA NovembeF 5, 2003 6:30 P.M. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Moment of Silent Reflection C. Pledge of Allegiance to the Flag led by Commissioner Weiland D. IF YOU WISH TO ADDRESS; THE COf4MI$SION: · FILL OUT THE APPROPR/ATE REQUEST FORM · GIVE 1'[ TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENTNGS" POR'I'~ON OF THE AGENDA HAS BEEN COHPLETED · COf4E TO THE PODTUf4 WHEN THE/4AYOR CALLS YOUR NAf4E INDIVIDUALS HAY SPEAK FOR THREE UNINTERRUPTED f4TNUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. InformaUonal Items by Members of the City Commission ANNOUNCEf4ENTS~ COf4MUNI'TY & SPECIAL EVENTS, & PRESENTA'I~ONS: A. Announcements: B. Community and Special Events: C. Presentations: Agenda Regular City Commission MeeUng Boynton Beach, Florida November 5, 2003 1. Proclamations: a. Boynton Veterans Council Veterans Day Memorial Celebration - Sunday, November 9, 2003 ~[V. ADMZN:[STRATIVE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date III Ferguson Advisory Bd on Children & Youth Alt i yr term to 4/04 Tabled (2) IV McKoy Advisory Etd on Children & Youth Stu/NonVoting Iyr term to 4/0~ Tabled (2) Mayor Broening Advisory 8d on Children & Youth Stu/Voting Iyr term to 4/04 II McCray Cemetery Board Reg 3 yr term to 4/04 Tabled (3) III Ferguson Education Advisory Board Stu i yr term to 4/04 Tabled (2) Mayor Broening Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) I Weiland Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) II McCray Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference of October 20, 2003 2. Regular City Commission Meeting of October 21, 2003 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget None C. Resolutions: 1. Proposed Resolution No. R03-178 Re: Approval of contract between Stormet C. Norem and the City of Boynton Beach to allow the City of Boynton Beach to use the building at 205 NW 8th Street for the purpose of Fire Rescue training 2 Agenda Regular City Commission MeeUng Boynton Beach, Florida November 5, 2003 2. Proposed Resolution No. R03-179 Re: Agreement for Water Service Outside the City Limits with Barbara T. Clough for the property at 1155 Highland Road, Lantana, Florida (Lot 75, Ridge Grove) 3. Proposed ResoluUon No. R03-180 Re: Ratification of South Central Regional Wastewater Treatment & Disposal Board action of October 16, 2003: a. Authorization for the South Central Regional Wastewater Treatment & Disposal Board to record Board assets on financial records effective 10/01/03 b. Authorization to modi~ R..1. Sullivan contract for 2 mg reclaimed storage tank for change order #1 in the amount of $42,600, for installation of line stop in 36" outfall line, for a revised contract amount of $877,610; and change order #2 for additional fittings for a revised contract amount of $900,000 (no additional money needs to be appropriated) D. RatificaUon of Planning & Development Board Action: 1. L.A. Fitness (MSPM 03-007), 2290 and 2298 N. Congress Avenue - Request for major site plan modification to replace an existing movie complex with a 77,000 square foot building, consisting of a 43,000 square foot fitness club and 34,000 square feet of future retail space on 6.27 acres in the C-3 zoning district 2. Buyer's Investment Group (ZNCV 03-018), SW 4~ Avenue - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot area of 7,500 square feet to allow a variance of 1,740 square feet, resulting in a lot area of 5,760 square feet for a proposed single-family residence within the R-1-A single family zoning district; Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot frontage of 60 feet to allow a 12 foot variance, resulting in a 48 foot frontage for a proposed single-family residence within the R-1-A single family zoning district; Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a 7.5 foot side yard setback to allow a 2.5 foot variance, resulting in a 5 foot side yard setback for a proposed single-family residence within the R-1-A single family zoning district Agenda Regular City Commission MeeUng Boynton Beach, Florida November 5, 2003 3. Monahan & Monahan (ZNCV 03-020), 703 W. Boynton Beach Boulevard - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 7.5 Environmental Regulations Article TI:, Landscape Code, Section 5.D., requiring a 7 foot wide landscape buffer adjacent to a public right-of-way, to allow a 2 foot 10 inch-wide landscape buffer, and a variance of ,t foot 2 inches for a commercial office building in a C-2 zoning district 4. Honahan & Honahan (SPTE 03-004), Boynton Beach Boulevard & NW 7t~ Court - Request for a one year site plan time extension to August 6, 2004, for a one-story professional office building totaling 1,838 square feet on a 0.22-acre parcel in the C-2 zoning district E. Ratification of CRA Action: None F. Approve full release of surety covedng the water and sewer systems for the project known as Lester PUD Plat I and returning the letter of credit to the developer G. Release of a cash bond of $2,750 to LC]: Construction of South Florida, ~[nc. for the project known as Lighthouse Academy H. Release of a cash bond of $2,200 to Bliss Construction for the project known as Hunter's Run Country Club (Guardhouse) Accept the award of the block grant for $89,467 from the U.S. Department of Justice Office for training, equipment and computers for Police Department (City's share is 10%) ,1. Authorization to re-direct a portion of Community l!nvestment Funds to the R. M. Lee Community Development Center, ]~nc. VI. CODE COHPLTANCE & LEGAL SEI'FLEHENTS: A. Approve/ratify settlement in the amount of $80,000 in the matter of Coral Tech vs. City of Boynton Beach (completion of Senior Center) VI]:. PUBLIC AUD]:ENCE: TND~VTDUAL SPEAKERS WTLL BE L[HTTED TO 3-H]:NUTE PRESENTATIONS VIII. PUBL]:C HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: L.A. Fitness (ABAN 03-010) Agenda Regular City Commission MeeUng Boynton Beach, Florida November 5, 2003 Agent: Derek Vander Ploeg, Vander Ploeg & Associates, Inc. Owner: RM Boynton Shoppes Regal, LLC and RM Boynton Shoppes, LLC Location: 2290 and 2298 N. Congress Avenue Description: Request for abandonment of a public utility easement D(. cTrY MANAGER'S REPORT: A. Discussion of Marina Development Agreement (Tabledon X. FUTURE AGENDA TI'EMS: A. Motion to accept the negoUated rates of compensation for services, and authorize by resolution the execution of a contract with each of the final, acceptable, qualified firms that responded to the Request for C~ualifications (RF~) #065-2821-03/C3D, '"Two-Year Contract for General Consulting and Engineering Services for the City of Boynton Beach." (November 18, 2003) B. Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance C. Proposed modification to the Land Development Regulations regarding rear yard setbacks D. Follow-up IVleeting with CRA on Development Issues (December 2003) E. Workshop regarding City Hall/Public Safety Space Needs Report (December 2, 2003) F. High School Task Force Report (December 2, 2003) G. Workshop Regarding Cemetery Options and Proposal by Cemetery Beard to Expand Cemetery West into Little League Park (.lanuary 2004) H. Proposed Lease Agreement with Boynton Woman's Club ('I'I3A) I. Proposed Resolution regarding approval of Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Inc. of Beynton Beach in the amount of $7,500 NEW BUSZNESS: None 5 Agenda Regular City Commission MeeUng Boynton Beach, Florida November 5, 2003 XII. LEGAL: A. Ordinances -- 2nd Reading - PUBI TC HEARING 1. Proposed Ordinance No. 03-057 Re: Amending Chapter 14 Motor Vehicles and Traffic, Sec. 14-5 to include "Storage," creating new subsections (4) and (5), and providing for the prohibition of parking or storage of vehicles in the public right-of-way or within five feet of the public right-of-way 2. Proposed Ordinance No. 03-058 Re: Establishing a limited Early Retirement Tncentive Program B. Ordinances - 1~ Reading None C. Resolutions: None D. Other: None XT:[~. UNFTNTSHED BUSTNE$$: None XI'V. AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE C~TY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE~ WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDMDUAL WTTH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN]OY THE BENEFITS OF A SERVICE~ PROGRAM~ OR A~ CONDUCTED BY THE CITY. PLEASE CONTACT .1OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL AGENDA 11/3/2003 5:14 PM S:\CC\WP~CCAGENDA~AGENDAS\YEAR 2003\110503 F~NAL AGENDA.DOC 6 [Zt'.-ANNOUNCEMENTS & PRESENTATZONS Item C.l.a CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) ~ [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon)c-~C [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation ~.~.. [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Present Proclamation EXPLANATION: The Boynton Beach Veterans Council has requested a Proclamation for Veterans Day, Tuesday, Nov. 11, 2003. This Proclamation is presented each year. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Not present the Proclamation Department Head's Signature City Manager's Signature Public Affairs Department Name City Attorney / Finance / Human Resources SSBULLETIN~ORMSXa~GENDA ITEM REQUEST FORM.DOC WHEREAS, the Citizens of this Nation, the State of Florida, and the City of Boynton Beach live in freedom because of the sacrifices and contributions made by those who served in the Armed Forces of the United States of America in time of national danger; and WHEREAS, there are over one million veterans in the State of Florida who continue their devotion to the highest ideals of citizenship, and constitute a foundation of both the strength and progress of this State; and WHEREAS, we can never repay our debt to our veterans, for it is beyond any tangible price, but we can show our gratitude for their exemplary deed; and it is in the best interest of all the State that its citizens express their gratitude for these sacrifices and remind themselves of the great price of liberty; and WHEREAS, we are sure that there are still Korean and Vietnam POW's and MIA's and we ask that the City of Boynton Beach acknowledge this fact and pray for their safe return. NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, do hereby proclaim November 9, 2003, as: BOYNTON VETERANS COUNCIL VETERANS DAY MEMORIAL CELEBRATION in Boynton Beach, Florida, and urge all citizens of our City to remember the sacrifices and contributions of all those who served this Nation in time of war to preserve our cherished heritage of freedom at a ceremony to be held at Intracoastal Park on Sunday, November 9, 2003, at 2:00 p.m. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 5th day of November in the Year 2003. Gerald Broening, Mayor City of Boynton Beach, Florida ATTEST: City Clerk (Corporate Seal) S:\CC\WP\CCAGENDA\Proclamations\Year 2003\Veterans Council Celebration-11-2003.doc BOYNTON VETERANS COUNCIL AMERICAN LEGION POSTS 164 & 288, DISABELED VETERANS 152 VETERANS OF FOREIGN WARS POSTS 5335& 10150, JEWISH WAR VETERANS POST 440, MILITARY ORDER OF THE PURPLE HEART POST 687, KOREAN WAR VETERANS UNIT 17 Rick Prince, Chairman Charles Strauss 334 NW 7a Court 5669 Caruso Court #103 Boynton Beach, FL 33426 Boynton Beach, FL 33436 561-737-3876 561-374-9159 October 16, 2003 To The Mayor of Boynton Beach Mr. Kurt Bressner, City Manager Janet Prainito, City Clerk Marshall Gage, Police Chief John Wildner, Parks and Recreation All City Commissioners Boyaton Beach City Hall 100 E Boynton Beach Blvd. Boynton Beach, FL 33425 The BOYNTON BEACH VETERANS COUNCIL will be holding theVE~ DAY CFA22M~TION on Sunday, November 9~, 2203 at 2.00PM. We are requesting to use the facilities in the new ~ Pasti ~or this occasion. Mr. John Wildner knows from previous years that our needs will be a tent with seating and the + It ~ a/~ in~ ~ fftl~ City would isa~ a Prtn:iamafion in Honm' of ~ ~ amt'~v~l~'ljhe Mayor is invited to presem this Proclamation and of course all membem of file Cit~ Council are invited to attend anti will be introduced to the · att~d~. PI~ confirm tl~ d_~_e that thi~ Proclamaton will be ~ to the City Council / so that we have a representative there that will accept this in behalf of the Veterans Council. ARer the conclusion some fight refreslunents will be served to all the attendees and their guests. We shall look forward to see you then. Any questions you might have you can contact the Chariman or me. V.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C. 1 AGENDA ITEM REQUEST FOR vl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Cty Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (NalCZ~ [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Ncnb) [] Admmistrative [] Legal ~ ~';~:~ AGENDANATURE OFiTEM [] Announcement [] New Business .. [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing ~-' [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approval of contract between Stormet C. Norem and the City of Boynton Beach. EXPLANATION: Stormet C. Norem will allow the City of Boynton Beach to use the building at 205 N.W. 8 th St. for the purpose of Fire Rescue training. PROGRAM IMPACT: Fire Rescue personnel will get realistic training in a 2-story residence house, these are rare in Florida. Firefighter Safety and Survival skills will be stressed and well are Firefighter Rescue. FISCAL IMPACT: No cost to the City. ALTERNATIVES: Props cost time, material, money, and are rarely realistic. Years of fire training experience dictates that real building provide~the best training at the least cost. Department~ad's Signature City l¢lanager's Signature Boynton Beach Fire Rescue Department Name City Attorney / Finance / Human Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND STORMET C. NOREM FOR FIRE RESCUE TRAINING; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City's Fire Department desires to use the building located at 205 8th Street, Boynton Beach, Florida for the purpose of fire rescue training exercises; WHEREAS, this will allow Fire Rescue personnel to get realistic training, which is invaluable tool to the department and the citizens and residents of the City; WHEREAS, the owner of the building, Stormet C. Norem, has agreed to allow the to use the aforesaid buildings for fire rescue training sessions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does authorizes the execution of an Agreement between the City of Boynton Beach and itormet C. Norem, allowing the use of the building at 205 Northwest 8th Street, Boynton leach, Florida, for fire rescue training purposes. A copy of that Agreement is attached hereto made a part hereof. Section 3. That this Resolution shall become effective immediately upon passage. ,:\CAXRESOXAgreementsq3BFDWir~ Training - Storm~t Norem.doc PASSED AND ADOPTED this __ day of November, 2003. CITY OF BOYNTON BEACH, FLOR_DA Mawr Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:\CA\RESO\Agreements~BBFD~Fire Training - Stormet Norem.doc FIRE TRAINING AND CONTROLLED BURN AGREEMENT THIS AGREEMENT is made on this __ day of' , 2003, by and between the City of Boynton Beach, Florida, a municipal corporation, with a business address o£ 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435, (hereinafter referred to as "City") And Stormet C. Norem, with an address of 205 N.W. 8th Street, Boynton Beach, Florida (hereinafter referred to as "Owner"), together referred to as the "Parties". WITNESSETH: WHEREAS, the City's Fire Rescue Department desires to conduct live fire burn training exercises ("Controlled Bum Exercises") involving real property and structures for its probationary and incumbent firefighters; and WHEREAS, Owner of real property in the City desires to demolish structure(s) on the property and has offered the City's Fire Rescue Department the oppommity to use the property_' for live fire structure bum training; and WHEREAS, the structure(s) on the real property is/are owned by Owner, is/are described in this Agreement, and meet the criteria for Controlled Bum Exercises; and NOW, THEREFORE, in consideration of the promises and mutual covenants herein set forth, it is agreed as follows: 1. Whereas Clauses. The above written WHEREAS clauses are correct and tree, and are made a part of this Agreement. 2. Owner in fee simple. The undersigned Owner(s) hereby warrants and represents to the City by their signature(s) below that Owner(s) is the fee simple title holder of record and is qualified to enter into agreements representing the property described below, with an address of 205 NW 8th Street, Boynton Beach, Florida, hereinafter referred to as the "Property" and more particularly described as: Lake Boynton Estates PL 4A, Lot 26, Blk 54-A, at ORB 13482 Page 455, according to the Official Records of Palm Beach County, Florida 3. Actual Authority. Owner represents and acknowledges that all mortgage holders and lien holders upon the Property consent to the City's use of the property in the manner described herein, and acknowledges that the City is relying on the representations of Owner in entering into this Agreement. ca/agmt.~BBFD/Bum 205 NW 8'~ 1 4. Ownership Indemnification. Owner further agrees to hold harmless and indemnify the City or any of its officers, employees, agents, representatives or servants from any and all damage, actions, suits, claims or demands of whatever kind, made by or on behalf of any person or entity as a result of Owner's representation regarding ownership and right of possession to the Property, including but not limited to reasonable attorneys' fees, all costs of litigation and investigation expenses caused by said damage, actions, suits, claim or demand. 5. Consent of Owner. Owner hereby acknowledges and agrees that Owner is entering into this Agreement with the understanding that the Property and structure(s) described in this Agreement will be burned by fire and partially or fully demolished by the Controlled Bum Exercises. Owner further understands, acknowledges and agrees that the value of the Property may or may not decrease as a result of the Controlled Bum Exercise; Owner hereby understands, acknowledges and agrees that no cause of action for loss or damages or diminution in value by Owner shall lie against the City as a result of the execution of the Controlled Bum Exercise and that by signing this Agreement, Owner has relinquished the fight to bring a lawsuit or make any claim or demand on the City for any loss or damage to Property resulting from the execution of the Controlled Burn Exercises. 5.1 Nothing in this Agreement shall be interpreted or construed to be the City's taking of private property without just compensation to Owner. 5.2 Owner hereby acknowledges and agrees that Owner shall receive no compensation from the City. 6. Burning of Structures, Description, Remediation. Owner hereby grants the City the right to enter upon the Property for the purposes of preparing for and conducting training sessions for Fire Rescue Department personnel and specifically for the purpose of burning the structures located on the Property. 6.1 Owner further acknowledges and agrees that the City shall have no obligation whatsoever to clean up and/or remove any debris found on the Property, other than as the City deems necessary, for the purpose of conducting the Controlled Bum training sessions for the Fire Rescue Department. 6.2 Owner agrees that any clean up on the Property after the completion of the Controlled Bum training session is at the sole discretion of the City and Owner shall be responsible for any costs associated with the clean up of the Property after the Controlled Bum training session, to be paid upon demand. 7. Liability. Acknowledging the exceptions of set forth in paragraph 4, "Ownership Indemnification" and paragraph 5, "Consent of Owner", the City and Owner agree that each party shall be responsible for any and all damages incurred as a result of their respective negligence. 7.1 Indemnification and Subrogation. The parties further agree that in the event ca/agmts/BBFD/Bum 205 NW 8'~ 2 liability or damages are imposed against a party who was not at fault, then the party at fault shall indemnify the non-faulting party. Such indemnification shall include reimbursement for any and all damages, actions, suits, claims or demands, arising from loss, injury or death to any person or property, including but not limited to reasonable attorneys fees, cost of litigation, investigation costs. 8. Term of Agreement. This Agreement shall be take effect upon approval and execution of this Agreement authorizing the Fire Rescue Department to perform or execute the Controlled Burn Exercise on the Property. The Agreement is for a term of one (1) year from the date executed above. The covenants concerning indemmfication and liability shall remain in effect after the termination date. 9. Termination. The City reserves the right to reschedule, cancel or terminate this Agreement prior to conducting the Controlled Bum Exercise for any reason whatsoever. 10. Notice of Commencement. The City shall notify Owner in writing, by certified mail, hand delivery or facsimile transmission of the date(s) it intends to perform the Controlled Bum Exercise on the Property. The City shall notify Owner in writing, by certified mail, of the date of completion of the Controlled Bum Exercise on the Property. 11. Assignment. This Agreement shall not be assigned, transferred or otherwise encumbered by the Owner. 12. Compliance with Governing Law. Owner and City agree to faithfully observe and comply with all applicable federal, state, and local laws, including but not limited to codes, ordinances, and regulations. 13. Venue. The parties agree that this Agreement shall be governed under the law of the State of Florida and venue for any dispute arising out of this Agreement shall be in Palm Beach County, Florida. 14. Notice. Whenever notice is given by a party, it must be given by written notice, sent by certified United States mail, return receipt requested, by hand delivery or by facsimile transmission addressed to the following: CITY: CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 ATTN: City Manager Fax (561) 742-6011 COPY TO: James A. Cherof, City Attorney CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 Fax: (561) 742-6054 ca/agmta/BBFD/Bum 205 NW 8a 3 OWNER: Stormet C. Norem ~.05 ~2/ Sth £~cct Boynton Beach, Fax: (561) 15. Entire Agreement. This Agreement represents the entire and integrated agreement between the City and the Owner and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by mutual agreement of the parties, upon written instrument of the same integrity, signed by both the parties. 16. Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 17. Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, .and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 18. No Contingent Fees. Owner warrants that it has not employed or retained any company or person to secure this Agreement, and that it has not been paid any fee, or agreed to pay any person, company, corporation, individual or firm, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the fight to terminate the Agreement without liability at its discretion, and to otherwise recover the full amount of damages, if any, assessed against the City, arising fi.om the violation of this provision. 19. Insurance Certification. Owner agrees to read and sign the Insurance Certification below. INSURANCE CERTIFICATION Owner certifies that any and all insurance on the aforesaid building has been cancelled or there is a non-existence of such insurance on the said structure, and that the existence of any insurance on the structure, of any kind, would constitute perjury and establish prima facia evidence of intent to defi'aud which offenses are punishable by a court of competent jurisdiction. IN WITNESS OF TItE FOREGOING, the parties have set their hands and seals this I ~ -r~ay of ~ ¢-r~t~;~., 2003. ca/a~-nts/BBFD/Bum 205 NW 8"' 4 CITY OF BOYNTON BEACH Attest: BY JANET PRAINITO, CITY CLERK Kurt Bressner, City Manager APPROVED AS TO FORM: Office of the City Attorney OWNER: WITNESSES: Signature Print Name Print Name Signature Print name STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared [Owner] , and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is Ms/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this __ day of ~2003. NOTARY PUBLIC My Commission Expires: ca/asmt..~BBFD/Bum 205 NW 8" 5 V.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM C.2. AGENDA ITEM REQUEST FO x v, Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting, Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August l9, 2003 August 4, 2003 (Noon) [] October21,2003 October 6, 2003 (Noonk.C-'~ [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noo~ [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (NoonC~. [] Administrative [] Legal NATURE OF [] Announcement [] New Business co AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Barbara T. Clough for the property at 1155 Highland Road, Lantana, Florida (Lot 75, Ridge Grove). EXPLANATION: The parcel covered by this agreement is a single-family home located in the San Castle/Ridge Grove project area. Only potable water is available for connection to the property at this time due to recent water main improvements constructed by Palm Beach County as part of a neighborhood improvement project. (See location map) PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. PROGRAM IMPACT: None FISCAL IMPACT: None Department Head'OSignature City Manager's Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning. " File " S:XBULLET1N~FORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTS[DE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND BARBARA T. CLOUGH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our iter and sewer service area, at 1155 Highland Road, Lantana, Florida (Lot 75, Ridge which is located in the San Castle/Ridge Grove project area; and WHEREAS, the subject parcel contains a single-family home, and only potable water is available for connection to the property at this time; and WHEREAS, City policy requires annexation of the property to be serviced at the practicable time, as a condition of the granting of water services outside its urisdictional limits; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 'HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as true and correct and are hereby made a specific part of this Resolution upon adoption Section 2. The City Manager is hereby authorized and directed to execute a Water ',ervice Agreement between the City of Boynton Beach, Florida and Barbara T. Clough, said attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. &CAXRESO',Agreements\Water Service\Clough Water Service Agreement.doc PASSED AND ADOPTED this ~ day of November, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ~ity Clerk ~:\CAXRESOXAgreements\Water Service\Clough Water Service Agreement.doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this r/%ayof (C~)42..'7/~_ . ,200 3 , by and between ~~,~.~ ~" t:~Z,,~,,.~ ,~ hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a~nufiicipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) ItS'r- 2. The Customer and the City hereby agree that there are it Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations 3. applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless othenvise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment/ in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any fights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attomey nor constitute a diminution or lack of consideration. 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph i above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting fi.om the Customer's- obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. IN WITNESS WHEREOF, the parties hereto have set theirhands and seals this ~'~ dayof ,200_.3. WITNESS: INDIVIDUAL(S) AS OWNER(S): Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name 'v~tfi/e~ S~gnature? --b-wner gignhture 6/' Printed Witness Name Printed Owner Narr~ Witness Signature Printed Witness Name FOR INDIVIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) SSi COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared '"~r-k,,,-,,_"~, ~taq ri,._ to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: WITNESS my hand and official seal in the County and State last aforesaid this 7''t day of C%4, t,,,- ,2003 (Notary Seal) ~~ Notary Publif4~ .' My ~., ,, ,,, ,'- ~,~., ~,;-.e~ WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mawr ATTEST: City, Clerk STATE OF FLORIDA ) ) SS~ COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this __ day of ,200 . (Notary Seal) Notary Public Approved as to form: City Attorney THIS INSTRUMENT PREPARED BY: Jame~ A. Chemf, E~utm Josia~ & Gomn, PA. 3099 East Commercial Blvd. Suite 200 FL Lauder~ale, FL 3330~ IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF I/We, __5 c~ ~_ ~ o._ ~ "T ~__./~,~ c/.. , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any , t available means. The real property which is the Subject of this power is described as follows: I ~ ~" ~ The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ~-~, r~L-~- day of · ~'~c. ~- , 20o~ and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the .~'- day of ~.~ ~..~--'--- , in the year two thousand and ..~ Sealed and delivered in the presence of v~/~tne~,s Signature~/ Owner Signature ~/ Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name Witness Signature Owner Signature ~rinted Witness Name P~'inted Owner Name ~ ['Witness Signature Printed Witness Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this ,~-day of ~c~-,{~.f.d~., 200_~., by ,~,4464,,.* ~' ~.L.,.,,~,I~, and ~..~J~,, _~ _~__,,j~a ~o _. who are known_to_me or whd have produced , as identification anc~who-did/did not take an oath. NOTARY PUBLfC d Type or Pdnt Nam/e Commission No. My Commission Expires: z - ,.~ - o ? POA. IND :~000 2980 2960 2950 2930 2910 i! 2890 ~2871 i 2850 ~84 83( 2810 12800 0220 / 1 in. = 166.8 feet 00~61~ 2620 2640 2650 !67C !68(~69~700;~710~720 2730 Z750 !78C 2790 0210 ~ p~AK RD pE~K R0 ' -- 0150 0950 ~ 0080 ~ 0050 01SO 12 0~00 0080 ? O~ ~ ~ 2 Palm Beach County Property Appraiser Property' Search System Page 1 of 2 Gary R. Nikolits, CFA Palm Beach County Appraiser Public Access System -I~r~perty Information Search Location Address: 1155 HIGHLAND RD Search Result Municipality: COUNTY OF PALM BEACH Property rnform~l~l Control Number: 00-43-45-09-08-000-0750 Owner information Subdivision: RIDGE GROVE IN ~tructural Detail Official Records Book: Page: Sale Date: -'xtra Features Legal Description: RIDGE GROVE LT 75 Land Detail Tax Detail it~wnnr Infnrmatinn tint Information Name: CLOUGH BARBARA T .~,~.=i~!.-.g A~.dress: 62 MARKET ST # 1 Property Appraiser Home AMESBURY MA 01913 2424 - 2003 Proposed Appraisal Improvement Value: $52,420 Number of Units: I [ Structural... Land Value: $11,520 Total Sq. Ft: 1146 [ Extra... Market Value: $63,940 Acres: .00 I Land... Use Code: 0100 Description: SINGLE FAMILY -2003 Proposed Tax Ad Valorem: $1,250.21 Non ad valorem: $192.00 Total: $1,442.21 [ Detail... -2003 Proposed Assessed & Taxable Values Assessed Value: $63,940.00 Exemption amount: $0 (2003 Exemption) Taxable: $63,940.00 Exemption Information Unavailable. Sales Information Sa!es__D~te B~kk Page Pri~e Instrument Owner Jan-1998 10226 223 100 QC CLOUGH BARBARA T Jan-1979 03011 1111 27000 00 Jan-1976 02510 0665 17000 Jan-1973 02252 1088 15000 VVD Print Information ,I I Home I I I ~ ] Back. Search I I Search Result ~,~:~ Please send us your feedback CoDvrioht © 2002 bv Palm Beach County Prooertv Aor3raiser http://www.co.palm_beach, fl.us/papa/main/detail_info.asp?p_entity=0043450... 10/17/2003 Palm Beach County Property Appraiser Property Search System Page 1 of I i Subareas for Building 1 Subarea Sq. Footage Area Percent Effective Area Area Under Air AS BASE AREA 926 00 00 00 CB FINISHED CABANA 220 00 00 00 Total 1,146 -Structural Elements for Building 1 EXTERIOR WALL-1 CB STUCCO EXTERIOR WALL-2 N/A ROOF STRUCTURE FLAT ROOF COVER BUILT-UP T/G=1.00 INTERIOR WALL-1 PLASTER= 1.00 INTERIOR WALL-2 N/A FLOOR TYPE-1 CARPETING=1.00 FLOOR TYPE-2 N/A YEAR BUILT 1955 EFECTIVE YEAR 1965 TOTAL ROOMS BED ROOMS 2 FULL BATH 1 HALF BATH 0 BLDG USE 0100 STORIES 1 I Show DraWing / Map I ~ Print Information [ http://www.co.palm-beach.fl.us/papWmefin/struct_detail.asp?entity_id=O04 34 5... 10/17/2003 V.-CONSENT AGENDA ITEt4 C.3. CITY OF BOYNTON BEA AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Ratify the action of the South Central Regional Wastewater Treatment & Disposal Board. EXPLANATION: On October 16, 2003, the South Central Regional Wastewater Treatment & Disposal Board held its Regular Quarterly Annual meeting. At that time, the Board took action on an item that is now before the City Commi~ion for ratification. This City Commission ratification is the confirmation process for the action taken by the S.C.R.W.T.D. Board. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Not ratify their action. // Department Head's Signature City Manager's Signature Janet M. Prainito, CMC Department Name City Attorney / Finance / Human Resources City Clerk's Office S:XBULLETINXFORMSLa, GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE ACTION TAKEN BY THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD AT THE MEETING OF OCTOBER 16, 2003, AS SET FORTH BELOW; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID RATIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the South Central Regional Wastewater Treatment & Disposal (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly. of October 16, 2003, as set forth below; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION )F THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, does ratify the action taken by the South Central Regional Wastewater Treatment & Board on October 16, 2003, as follows: (1.) Authorization for the South Central Regional Wastewater Treatment & Disposal Board to record Board assets on financial records effective 10/01/03; and (2.) Authorization to Modify R.J. Sullivan Contract for 2MG Reclaimed Storage Tank for Chang~ Order #1 in the amount of $42,600, for installation of Line Stop in 36" Outfall line, for a revised contract amount of $877,610; and Change Order #2 for additional fittings for a revised contract amount of $900,000; Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this ~ day of November, 2003. ;:\CA',RESO~.greements\SCRWTD -101603.doc CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ~.TTEST: City Clerk S:\CA\RESO~Agreements\SCRWTD -101603.doc SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 ~ r~ Telephone ROBERT J. HAGEL ~ ~ Executive Director ~ 1561) 272-7061 /561) 734-2577 Fax: (561) 265-2357 E-mail: scrwwtp~ ix. netcom.com MEMORANDUM TO: Janet Prainito CITY OF BOYNTON BEACH FROM: Mary Ann Shumilla DATE: October 22, 2003 RE: RATIFICATION FOR SIGNATURE Attached is one Ratification from the Quarterly Annual Meeting of October 16, 2003 which require signatures. Would you place this on the Agenda for your next Commission meeting. Would you contact me at 272-7061 when the Ratification is executed. Thank you. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF OCTOBER 16, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board on October 16, 2003, by a vote of 9-0, approved AUTHORIZATION FOR THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARD TO RECORD BOARD ASSETS ON FINANCIAL RECORDS EFFECTIVE 10/01/03. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 ROBERT J. HAGEL ~~ Telephone Executive Director ~ (561) 272-7061 (561) 734-2577 Fax: (561) 265-2357 E-mail: scrwwtp@ ix.netcom.com MEMORANDUM ~'~ TO: Janet Prainito CITY, OF BOYNTON BEACH FROM: Maggi Woodall for Mary Ann Shumilla DATE: October 29, 2003 RE: RATIFICATION FOR SIGNATURE Attached is one Ratification from the Quarterly Annual Meeting of October 16, 2003 which require signatures. Would you place this on the Agenda for your next Commission meeting. Would you contact Mary Ann at 272-7061 when the Ratification is executed. Thank you. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF OCTOBER 16, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board on October 16, 2003, by a vote of 9-0, approved AUTHORIZATION TO MODIFY R.J. SULLIVAN CONTRACT FOR 2MG RECLAIMED STORAGE TANK FOR CHANGE ORDER #1 IN THE AMOUNT OF $42,600, FOR INSTALLATION OF LINE STOP IN 36" OUTFALL LINE, FOR A REVISED CONTRACT AMOUNT OF $877,610; AND CHANGE ORDER #2 FOR ADDITIONAL FITTINGS FOR A REVISED CONTRACT AMOUNT OF $900,000 (NO ADDITIONAL MONEY NEEDS TO BE APPROPRIA TED). WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray.Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney V.-CONSENT AGENDA ITEM D.! CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the November 5, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Deparmaent of Development Memorandum No. PZ 03-214. EXPLANATION: PROJECT: L.A. Fitness (MSPM 03-007) AGENT: Derek Vander Ploeg, Vander Ploeg & Associates, Inc. OWNER: RM Boynton Shoppes Regal, LLC and RM Boynton Shoppes, LLC LOCATION: 2290 and 2298 N. Congress Avenue DESCRIPTION: Request for major site plan modification to replace an existing movie complex with a 77,000 square foot building, consisting of a 43,000 square foot fitness club and 34,000 square feet of future retail space on 6.27 acres in the C-3 zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: .~ N/A Developrf~e~ D~'~nt IS43/ector ' City Manager;s Signature Plannihg~and Zo~l~?iSirector City Attorney / Finance / Human Resources S:LPlanningXSHARED\WPXPROJECTS~L.A. FitnessXAgenda Item Request L.A. Fitness MSPM 03-007 11-5-03.dot S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNZNG AND ZONZNG DZV~S:[ON MEMORANDUM NO. PZ 03-214 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM' Eric Lee Johnson, AICP Planner DATE: October 22, 2003 PROJECT NAME/NO: L.A. Fitness at Shoppes of Boynton / MSPM 03-007 REQUEST: Major Site Plan Hodification PR03E{;;T DESCI~PT~ON Property Owner: RM Boynton Shoppes Regal, LLC and RM Boynton Shoppes, LLC Applicant: Mr. Derek Vander Ploeg / Vander Ploeg & Associates, ~[ncorporated Location: North parcel - Shoppes of Boynton (see Exhibit "A"- Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C- 3) Proposed Land Use/Zoning: No change Proposed Use: Request major site plan modification to raze an existing movie theater in order to construct a two (2)-story, 77,000 square foot building, consisting of a 43,000 square foot fitness club and 34,000 square feet of future retail to an existing shopping plaza in the C-3 zoning district. Acreage: 6.27 acres (273,235 square feet) Adjacent Uses: North: Right-of-way for Lake Worth Drainage District L-21 Canal, then farther north is developed residential property (Dos Lagos) with a Low Density Residential (LDR) land use designation, zoned Planned Unit Development (PUD); South: Right-of-way for Quantum Boulevard, then farther south .is developed commercial. property (Shoppes of Boynton) with a Local Retail Commercial (LRC) land use Staff Report - L.A. Fitness (MSPM 03-007)) Memorandum No PZ 03-214 Page 2 designation, zoned Community Commercial (C-3); East: Developed l:ndustrial property (Quantum Park Lot 3) with an Office/1:ndustrial (O1:) land use designation, zoned Planned 1:ndustrial District (PI:D); and West: Developed commercial property (Pollo Tropical) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3), then farther west is right- of-way for Congress AVenue. BACKGROUND Proposah Mr. Derek Vander Ploeg is requesting major site plan modification approval to raze the existing movie theatre building and replace it with a two (2)-story fitness center and future retail space. A fitness center is a permitted use in the C-3 zoning district. Site Characteristic: According to the survey, the existing shopping center is comprised of two (2) developed parcels, namely the south and north parcel. The Quantum Park Boulevard right-of-way separates the south parcel from the north parcel. The south parcel is 13.13 acres in area and contains three (3) major buildings totaling 148,292 square feet. The north parcel is 6.27 acres in area and contains two (2) buildings, namely a Pollo Tropical fast-food restaurant (4,185 square feet) and a stand-alone movie theater (Boynton 8 - Regal Cinemas) for a total of 31,407 square feet. The site plan (sheet SP-1) and the survey show that a 70-foot wide L.W.D.D. canal easement runs along the northern portion of the north parcel. This easement is considered a part of the shopping center's property. Both parcels combined (south and north) are 19.41 acres in area. A grand total of 229,477 square feet of floor area has been built throughout both parcels. An existing utility easement runs through a portion of the north parcel. A city water main with a fire hydrant is located within this easement. The applicant proposes to vacate the easement and relocate the fire hydrant (ABAN 03'-010). Therefore, approval of this site plan is conUngent upon the successful abandonment of this utility easement (see Exhibit "C" - Conditions of Approval). ANALYSZS Concurrency: Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The Palm Beach County Traffic Division determined that this redevelopment project meets the Traffic Performance Standards (TPS) of Palm Beach County. According to the traffic impact statement, there would be a net reduction of one (1) average daily trip. The proposed build-out year was approved for 2005. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate. No additional information is required because the drainage system already exists for the shopping plaza. Furthermore, any minor changes to the drainage systems (i.e. Staff Report - L.A. Fitness (MSPM 03-007)) Memorandum No PZ 03-214 Page 3 exfiltration trenches, retention areas) would be reviewed at the time of permit review. School: School concurrency is not required for this type of project. Driveways: The site plan (sheet SP-1) shows that the north parcel has two (2) driveway openings onto Quantum Boulevard and one (:L) on Congress Avenue. No changes are proposed to any of these driveway openings. The Engineering Division of Public Works had previously reviewed and approved these openings and they have no further comments. Parking Facility: No changes are proposed to the south parcel. The south parcel contains 148,292 square feet of retail area. Shopping centers require one (:L) parking space per 200 square feet of building area. Based on the aforementioned methodology, the required parking for the south parcel is 74~. spaces. According to the site plan (sheet SP-1), the south parcel would provide a total of 7!8 parking spaces or a net deficiency of 23 parking spaces. However, the parking is shared throughout the entire plaza (both south and north parcels). As previously mentioned, the north parcel contains a stand-alone 4,:1.85 square foot fast-food restaurant (Pollo Tropical) and a movie theatre. The applicant proposes to raze the movie theater and construct a 43,000 square foot fitness center in its place. Also, 34,000 square feet of"future" retail space is proposed on the 2nd floor of the L.A. Fitness building. However, it is highly probable that no "future" retail use would occur on the 2"d floor of the L.A. Fitness building. According to the applicant, the shopping center is vested for 34,000 square feet of "future" retail floor area in terms of its traffic concurrency. According to Chapter 4, Section 7.D. of the Land Development Regulations, a floor plan is required during the time of major site plan modification for all "future" retail area. According to the applicant, the final distribution and location of this future retail space is undetermined. However, the applicant does not want to forfeit the shopping center's vested tdps (regarding traffic concurrency) and is therefore, proposing the "future" retail on the second floor of the L.A. Fitness building. Again, although it is unlikely that this actual "future" retail space would be wholly located on the second floor of the L.A. Fitness building, the project would comply with site plan requirements of Chapter 4 of the Land Development Regulations. l:f approved, the project would also maintain the vested vehicular trips for the entire shopping plaza (both parcels). Required parking for the proposed fitness center would be based differenUy than the shopping center, in part, because the fitness center would be considered another principal use. Therefore, the required parking is based on the following methodologies: One (1) space per 30 square feet of swimming pool area; One (1) space per 1,800 square feet of indoor athletic court area; and one (:L) space per 300 square feet of health club area. However, the "future" retail area (proposed on the second floor) would be based on shopping center rates (one space per 200 square feet). The retail area alone would require an addiUonal :1.70 parking spaces. Similarly, the required parking for the Pollo Tropical fast-food restaurant was previously approved at a ratio of one (:L) space per 200 square feet of gross floor Staff Report - L.A. Fitness (MSPM 03-007)) Memorandum No PZ 03-214 Page 4 area. Therefore, the required parking (on the north parcel) for the fast-food restaurant (4,185 square feet) and the proposed L.A. Fitness building with the second floor retail would be 372 spaces. The site plan shows that 348 spaces would be provided, a deficiency of 24 spaces. In summary, required parking for both the south and north parcels combined would be 1,113 spaces. The project proposes a total of 1,066 parking spaces, a deficiency of 47 parking spaces. However, the applicant submitted a Shared Parking Analysis dated July 9, 2003, based on the methodology developed by the Urban Land Institute (UI./) (see Exhibit "D" - Shared Parking Analysis). The Analysis indicates that the parking supply provided on site is expected to adequately accommodate the parking demand with the proposed plan of development. This is because the proposed use is expected to have specific time-of-day parking demand variations that do not match any of the general categories provided in the report. Of the days used in the analysis, Saturdays at 2:00 p.m. is when the maximum demand occurs for parking resources. This demand would equal ].,024 spaces. The peak weekday period begins at 7:00 p.m. and is estimated to equal 1,007 spaces. There would be a surplus of 89 spaces (with a total provided 1,113 spaces) in the shopping center during the highest demand period. The Engineering Division of Public Works reviewed the UI./Analysis and concurs with its findings. It should be noted that this Analysis does not account for the specific location of the available parking spaces. However, the proposed L.A. Fitness building, Pollo Tropical, Boynton Ale House, and Chilli's restaurants are not clustered together and are randomly dispersed throughout the site. This characteristic would help alleviate a dearth of parking in any given area. This Analysis is subject to review and approval of the Planning & Development Board and City Commission (see Exhibit"C"- Conditions of Approval). All proposed parking stalls, including the size and location of the handicap spaces were reviewed and approved by both the Engineering Division and Building Division. Landscaping: According to the site plan tabular data (sheet SP-1), the open space or"pervious" area is currently 200,372 square feet or 23.6% of the site. This pervious area includes 2.9%"water" area. Upon successful completion of the this major site plan modificaUon, the total pervious area would be 204,335 square feet or 24.1%, an increase of almost 4,000 square feet of pervious area. Most of this pervious area however, is located within the L.W.D.D. easement (along the north property line). No landscape buffers would change or be affected by this major site plan modification. The City Forester / Environmentalist conducted a site inspection and found the shopping center's existing landscaping to be acceptable as it relates to the originally approved landscape plan and current code requirements. However, where possible, a signature tree shall be installed at each project entrance (see Exhibit "C" - Conditions of Approval). Other minor landscape changes may be required at the Ume of permitting. The landscape plan (sheet PP1 of 3) shows that a row of Royal Palm trees are proposed in front of the south fa~;ade of the L.A. Fitness building. Schefflera arbicola and Lantana are proposed at the base of each tree. Clusters of Solitaire palm trees are proposed along the west building fa~;ade. Staff recommends Staff Report - L.A. Fitness (MSPM 03-007)) Memorandum No PZ 03-214 Page 5 installing additional clusters of tall growing but thin palm trees along this fa(;ade to break up the large wall expanse (see Exhibit "C" - Conditions of Approval). The plan shows that the north side of the building contains existing trees that would remain. No additional trees are proposed along the west property line. However, a row of Viburnum is proposed along the south side of the wall that is to remain. The existing Oak and Wax Myrtle trees currently located throughout the parking lot of the north parcel's leased portion (for L.A. Fitness) would remain intact. Building and Site: The proposed building has been designed as a two (2)-story structure. The maximum height allowed in the C-3 zoning district is 45 feet. The elevation (sheet A-3) shows that the top of the parapet wall would be 32 feet in height. The peak of the highest roof would be 43 feet in height, two (2) feet below the maximum allowed in the zoning district. The building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. As previously mentioned, the subject property is comprised of two (2) parcels, namely, the south and north parcels. The proposed expansion would only occur on the north parcel. The survey shows that a large portion of the north parcel is comprised of the L.W.D.D. drainage easement (Canal 21). No building or site improvements can occur within this 70-foot wide easement area. The survey shows that the existing Regal Cinema building is located 10 feet south of the easement's southern limits. Similarly, the proposed L.A. Fitness building would be positioned in the same place as that of the movie theater. The L.A Fitness building would be setback 80 feet from the north property line, 142 feet - 11 inches from the south property line, 225 - six (6) inches from the east property line, and over 250 feet from the west property line. The site plan (sheet SP-1) shows that new loading zone area is proposed along the east building fa(;ade. The floor plan (sheet A-l) shows that the facility would have indoor racquet and basketball courts, aerobics and workout areas, a 25-yard lap pool, locker rooms, and mezzanine areas. Also, the applicant is propOsing the additional retail area on the 2"d floor. The building would be 252 feet - four (4) inches in length by 158 feet in depth. The site plan (sheet SP-1) shows that there are two (2) existing dumpster enclosures currently located at the northeast comer of leased portion of the Pollo Tropical's property. These dumpster enclosures are currently being shared between the movie theatre and the fast-food restaurant. Likewise, they would be shared between the fitness club and the fast-food restaurant. The quantity and placement of these enclosures have been reviewed and approved by Public Works. Design: The L.A. Fitness building is proposed in an existing shopping plaza (Shoppes of Boynton). Buildings located throughout both parcels in the Shoppes of Boynton share similar characteristics in terms of their architectural style and color palette. The proposed L.A. Fitness building would be more attractive in appearance than the existing movie theatre. The front fa(;ade (south) would be enhanced with many windows that functionally, would allow for more light inside the building. Also, the elevations (sheet A-3) show decorative score lines (that create a grid-like Staff Report - L.A. Fitness (MSPM 03-007)) Memorandum No PZ 03-214 Page 6 appearance) proposed along the south, east, and west building sides. Decorative molding (foam cap) and foam banding are proposed on all building sides. The center of the front fac;ade would be enhanced with an entry feature that rises above the main portion of the building. A common architectural accent feature found throughout the entire Shoppes of Boynton is pink colored squares. The applicant is proposing square-shaped wall mounted "halo effect" lighting fixtures in an effort to mimic this look. Also, the applicant and staff diligenUy worked together to agree on building colors that would both celebrate the vibrant character of the new gym while maintaining compatibility with the existing shopping center. The proposed color palette would consist of varying earth tone colors. They are as follows: white (Mysterious #003W), cr~me (Snow Gum #7740r-1), beige (Desert Fawn #8222W), dark beige (Balsam Bark #8224M), terracotta (Parched Earth #8354M). The awning proposed on the front fa~;ade would be teal to match the existing awnings of the Shoppes of Boynton. The red (Red Alert #118R) accent color would match the latticework found throughout the shopping center. Signage: The Shoppes of Boynton has a Sign Program that has been in effect since the early 1990's. According to the Program, the wall sign for the movie theatre (formerly known as the Cobb Theatre) shall be blue with white trimmed neon illuminated channel letters. The specifications are as follows: · Polycast #2051 - Plexiglas Letter Face or White Plexiglas face with blue vinyl overlay to match #2051 · One (1) inch white -.Jewelite retainer · White painted aluminum channel letter · 15 mm diameter #3600 warm white - neon tube · 1/2 inch white border @ letter face (if overlay alternative is chosen) Wall signs, proposed on the south and west building facades, would have to comply with Chapter 21, Article 1¥, Section 2.C of the Land Development Regulations (see Exhibit "C" - CondiUons of Approval). The applicant submitted a sketch (sheet SP-2) of a proposed monument sign. :It shows that the sign would be over 4 feet tall and approximately 30 square feet in area. However, no additional freestanding monument signs (for the south and north parcels) are allowed. The Shoppes of Boynton already has two (2) freestanding signs, one located on Congress Avenue and the other along Gateway Boulevard. Any addiUonat freestanding monument signs are not permitted and would require approval of a variance, subject to Planning & Development Board and City Commission approval. However as an alternative, directional signs could be permitted and not require approval of a variance. Directional signs may not exceed four (4) square feet in area or five (5) feet in height. They are limited to four (4) signs per lot and allowed only at points of parking lot ingress and egress. The proposed "monument" sign would have to comply with size limitations in order to qualify as a directional sign (see Exhibit "C" - Conditions of Approval). RECOMMENDATION: Staff Report - L.A. Fitness (MSPM 03-007)) Memorandum No PZ 03-214 Page 7 The Technical Review Committee (TRC) has reviewed this request for new site plan approval and is recommending approval contingent upon the approval of the accompanying request for abandonment (ABAN 03-010) and satisfying all comments indicated in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\Shared\Wp\Projects\L.A. Fitness\Staff Report.doc Location Map EXHIBIT"A" L.^. Fitness L-21 $ iiii1'- at THE SHOPPES OF BOYNTON' ' EXHIBIT EXHIBIT "B"- ..... t ;, ,_ :, '.=.J~ ,. .~..,~ .... ~ -- ~ ........ ~ ~ ~.- EXHIBIT "B"~- i, ,:, , - ,,, ~-~lii~i ~:it:':''''''~ ' , ::::,,~ , ,'-" :,!, ,:, ~'~' L.A. Fitness BovnllOn Bea('h. Florida ~ Planting Plan Spe~-ifi,-~tlions EXHIBIT "C" Conditions of Approval Project name: L.A. Fitness File number: MSPM 03-007 Reference: 2nd review plans identified as a Major Site Plan Modification with an August 12, 2003 Planning and Zonine ~vt)artment date stamp marl ' ~ DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. At the time of permitting, on the master civil plan, indicate which parking X spaces will be removed and which spaces will remain. UTILITIES Comments: 2. At the time of permitting, fire flow calculations will be required X demonstrating the City Code requirement of 1,500 g.p.m, as stated in LDR Chap. 6, Art. IV, Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE Sec. 26-16(b)). 3. Comprehensive Plan Policy 3.C.3.4 requires the conservation of potable X water. City water may not, therefore, be used for irrigation where other sources are readily available. ENGINEERING DIVISION Comments: None X FIRE Comments: 4. Emergency access shall be provided at the start of a project and be maintained X throughout construction per the Florida Fire Prevention Code, Section 3-5 and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition O~erations, Section 5-4.3. POLICE Conm~ents: None X BUILDING DIVISION COA 10/27/03 2 DEPARTMENTS INCLUDE REJECT Comments: 5. Bui!dings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 FBC. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 6. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 7. A water-use permit for the irrigation system is required from the SFWMD. A X copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 8. If capital facility fees (water and sewer) have been paid in advance to the City X of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 9. At time of permit review, submit separate surveys of each lot, parcel or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 10. A unisex toilet room is required pursuant to Section 403.7 and Table 403.1, X footnote G, Plumbing, of the 2001 Florida Building Code. 11. The elevator shall be handicap accessible and comply with Section 11-4.10 of X the 2001 Florida Building Code. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 12. All newly installed trees planted throughout the Shoppes of Boynton must be X installed at a minimum of 12 feet-14 feet in height, 3 inch caliper at DBH (4.5 feet off the ground), and Florida #1 (Florida Grades and Standards manual (Chapter 7.5, Article II Sec. 5.C. 2.). COA 10/27/03 3 DEPARTMENTS INCLUDE REJECT 13. All trees installed under the FP & L overhead utility lines must be species X from the FP & L approved small tree list (Chapter 7.5, Article II Sec. 5.C. 2.). 14. The' project does not include the City's signature trees at each of the ingress / X e~ress locations (Chapter 7.5, Article II Sec. 5.C. 2.). PLANNING AND ZONING Comments: 15. Approval of this project is contingent upon the approval of the accompanying X request for the utility abandonment (ABAN 03-010). 16. On the 2nd floor plan (sheet A4), indicate that the "future retail space #201" X will be 6,886 square feet rather than 6,856 square feet. 17. On the site plan (sheet SP-1), remove the label and symbol indicating "Exist X Pollo Tropical ID sign". 18. At the time of permitting, on the site plan (sheet SP-1), differentiate (in terms X of labeling style) between the actual property lines, easement areas, and leased areas. 19. The Shared Parking Analysis must be reviewed and approved by the Planning X & Development Board and City Commission (Chapter 2, Section 11 .H. 13.). 20. At the time of permitting, provide a sample of the proposed awnings (Chapter X 4, Section 7.D.). 21. All new shrubs and hedges are required to be at minimum 24 inches in height, X 24 inches in spread, and planted with tip-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5.C.4.). 22. Fifty percent (50%) of all new landscape materials must be native species X (Chapter 7.5, Article II, Section 5.P). On the landscape plan plant list (sheet LP-1), indicate by asterisk, the native species to ensure that at least 50% of landscape material is native. Separate and indicate the proposed plant material into the following categories: Shade Trees, Palm Trees, Shrubs / Hedges, and Groundcover. Please tabulate the amount of native material in each plant category. 23. The maximum allowable wall signage area shall be based on the southern X building facade in accordance with Chapter 21, Article IV, Section 2.C. The proposed directional sign shall not be more than five (5) feet in height and more than four (4) square feet in area. Either reduce the proposed freestanding sign to comply with this limitation or obtain a variance. COA 10/27/03 4 DEPARTMENTS INCLUDE REJECT 24. Staff recommends planting additional clusters of palm trees (single or double X trunked and at least 12 feet in height) within the west side of the building in order to break up the great wall expanse. The applicant may choose from the followinl~ species of palm trees (Carpenter, Areca, Alexander, or Macarthur). ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 25. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 26. To be determined. ELJ S:\Planning\Shared\Wp\Projects\L.A. Fitness\COA.doc .(:' i'. EXHIBIT "D" and Associates, Inc. July 9. 2003 · 4431 EmoarcaCero Drive West Pa m Beach, Florida 33407 Mr. Michael W. Rumpf Director of Planning & Zoning Department of Development City of Boynton Beach r-'-~-~--77,7 ~ -- lO0 East Boynton Beach Boulevard , ~: , _ ......... Boynton Beach, Florida 33425 Re: Shared Parking Analysis ~ ' Shoppes of Boynton Palm Beach County, Florida 042188000 Dear Mr. Rumpf: Kirnley-Hom and Associates, Inc. has undertaken a shared parking analysis for the Shoppes of Boynton located in the northeast comer of Gateway Boulevard and Congress Avenue in the City of Boynton Beach Florida. The site is bisected by Quantum Boulevard into north and south parcels. The north side of the site contains an existing 2000 seat cinema and a 4,185 square foot fast food restaurant. The south parcel includes 142,292 square feet of existing commercial retail and a 6,000 square foot Chili's restaurant. The proposed redevelopment plan for the site consists of replacing the cinema with a 43,000 square foot LA Fitness Center and future expansion of 34,000 square feet of additional retail uses. Gross Parking Demand Evaluation Application of the Palm Beach County Code parking requirements to this proposed plan results in a parking supply requirement of 1113 parking spaces. As shown on the site plan 1,066 parking spaces are currently provided. This results in a 47 parking space shortfall. Since the proposed redevelopment is to contain land uses which have different time-of-day parking demand characteristics, an evaluafon was undertaken to determine the extent to which parking supply may be shared between the various uses. This analysis assumes that all uses are built to their proposed size and are fully occupied. Shared Parking Analysis Shared parking analyses are typically based upon the methodology developed by the Urban Land Institute (ULI). The ULI Shared Parking report contains parking accumulation percentages by time of day for a number of different types of land · TEL 561 845 0665 FAX 561 863 8175 · ' (:'-.:':. ,' EXHIBIT "D" and Associates, Inc. uses which have shared parking potential. For purposes of this analysis, it is assumed that the peak demands for all uses occur during the same season of the year. No discounts or reductions have been assumed for seasonal variations in demand throughout the year. This assumption represents a conservative approach. One of the uses within the shopping center is expected to have specific time-of- day parking demand variations that do not match any of the general categories provided in the ULI Shared Parking report. This use is the proposed fitness center. Specific information regarding this use was therefore obtained and applied to the analysis. For the gym use, parking demand observations that were collected at an L.A. Fitness facility in Montclair, California in April 1994 were used. Table 4 summarizes the data that were collected on a Monday, Wednesday, Friday and Saturday at the facility. To determine weekday demand percentages, the highest demand observed over the three weekdays was selected as the 100% baseline for parking occupancy. The highest of the three observations for each of the other time periods was then determined and compared to the 100% baseline in order to determine an appropriate time-of-day percentage. Demand for the other time periods during the day during which data were not collected was extrapolated from this data. For the Saturday observations, the highest observation was selected as the 100% occupancy baseline and the other observations were compared to it to determine a time-of- day distribution. The demand percentages for the fitness center use that is shown in Tables 2 and 3 were therefore derived from these calculations. For the rest of the uses on the site, the Chili's restaurant use was combined with Pollo Tropical restaurant to represent restaurant uses on the site in addition to the remaining uses of general retail. The application of the hourly accumulation percentages of the weekday peak hour demand for each land use is summarized in Table 2. As can be seen in the table, the peak expected weekday shared parking demand is 1007 parking spaces which occurs at 7:00 p.m.. On Saturdays, the peak expected dex~nd is 1024 parking spaces which o~curs' at 2:00 p.m., as shown in Table 3. The Shoppes of Boynton currently includes a total of 1066 parking spaces on the proposed site development plan. Based on a future peak expected demand of 1024 parking spaces, the site is expected to have a surplus of 42 parking spaces. Conclusion The foregoing analysis shows that the parking supply provided on the site is expected to adequately accommodate the parking demand with the proposed plan of redevelopment. It should be noted that the required buffer of an additional EXHIBIT "D" ~. 1 and Associates, Inc. 10% of demand is already included since the per unit demand used in the analysis was based on parking rates from the City's Land Development Code. Should you have any questions regarding this analysis, please call me at (561) 845 -0665. Sincerely, KI~,,. EY-HORN AND ASSOCIATES, h-NC. ,/ Transportal!dtfi Engineer Flondg."' . a'de: bi'umber 58636 Engineeririg Bu:iness Number 596 Attachments cc: Joni Brinkman (Winston Lee & Associates, Inc.) Jack Schmidt (Vander Ploegh and Associates) Michael Lombardi (LM Development Group, Inc.) \\Kyle\vollXProject\TPTO\Ol2 l\88000XShared parking letter.709.doc EXHIBIT "D" DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: L.A. Fitness at the Shoppes of Boynton APPLICANT'S AGENT: Mr. Derek Vander Ploeg / Vander Ploeg & Associates, Incorporated APPLICANT'S ADDRESS: 155 East Boca Raton Road, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 5, 2003 TYPE OF RELIEF SOUGHT:Major site plan modification to construct a two (2)-story building consisting of 43,000 square feet of fitness center and 34,000 square feet of future retail on 6.27 acres in the C-3 zoning district LOCATION OF PROPERTY: North parcel of the Shoppes of Boynton, located on the northeast corner of Gateway Boulevard and Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning~Sha~d\Wl~\PrOJects\L.A. Fitness'~O.doc V.-CONSENT AGENDA ITEM D.2. CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Admimstrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the November 5, 2003 City Commission Agenda under Consent Agenda The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-249. EXPLANATION: PROJECT: Buyer's Investment Group (ZNCV 03-018) AGENT: Alan D. Menster, Buyer's Investment Group, LTD, Inc. OWNER: Alan D. Menster LOCATION: S.W, 4t~ Avenue DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a. requiring a minimum lot area of 7,500 square feet to allow a variance of 1,740 square feet, resulting in a lot area of 5,760 square feet for a proposed single-family residence within the R-1-A single family zoning district. Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a. requiting a minimum lot frontage of sixty (60) feet to allow a twelve (12) foot variance, resulting in a forty-eight (48) foot frontage for a proposed single-family residence within the R- 1-A single family zoning district. Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a. requiring a 7.5 foot side yard setback to allow a 2.5 foot variance, resulting in a five (5) foot side yard setback for a proposed single-family residence within the R- 1-A single family zoning district. PROGRAM IMPACT: N/A ~/~~ FISCAL IMPACT: .~ / N/A ALTERNATIVES:.~':X'~/'/~"/ ~, ,] N/A /~ Developn~en~5~ent-txlSir'~'~tbr City Manager's Signature Plarmin~ and Zo/~d"D~rector City Attorney / Finance / Human Resources S:LPlanningxSHARED\WP~PROJECTS~Buyers Investment Group, LTD., lnc~Agenda Item Request Buyer's Investment Goup ZNCV 03-019 11-5-03.dot DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-249 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael W. Rumpf ~'t, tf%-,- Planning and Zoning Director FROM: Maxime Ducoste-A. ~ Planner DATE: October 20, 2003 PROJECT NAME/NO: Buyers Investment Group S.W. 4th Ave/ZNCV 03-0:~8 REQUEST: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot area of 7,500 square feet to allow a variance of 1,740 square feet, resulting in a lot area of 5,760 square feet for a proposed single-family residence within the R-1-A single family zoning district; Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot frontage of sixty (60) feet to allow a twelve (12) foot variance, resulting in a forty-eight (48) foot frontage for a proposed single-family residence within the R-1-A single family zoning district; Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a 7.5 foot side yard setback to allow a 2.5 foot variance, resulting in a five (5) foot side yard setback for a proposed single-family residence within the R-1-A single family zoning district. PRO3ECT DESCRZP11:ON Property Owner: Buyers Investment Group LTD, ]~nc. Applicant/Agent: Alan D. Menster Location: S.W. 4u~ Avenue Existing Land Use/Zoning: Low Density Residential (LDR)/R-z-A Proposed Land Use/Zoning: No changes are proposed Proposed Use: Single-family house Acreage: 0.~.3 Acre (5,760 square feet) Staff Report Page 2 Adjacent Uses: North: A single-family house zoned R-l-A, single family residential district; South: S.W. 4m Avenue right-of-way, and farther south a single-family residential district zoned P.U.D., Planned Unit Development; East: A single-family house zoned R-l-A, single family residential district; and West: A single-family residential district zoned P.U.D., Planned Unit Development. BACKGROUND The subject property is located within the Lake Boynton Estates subdivision. [t is currently vacant and zoned R-l-A, single-family residential dwelling district (see Exhibit "A"- Location Map). The Lake Boynton Estates subdivision was platted in 1925. This plat was composed of lots measuring 50 feet wide. However, in an effort to meet the minimum frontage (60-feet) in the R-i-A District, five (5) lots in the subject block ( S.W. 4m Avenue), the original lot lines were altered by previous owners resulting in the subject parcel having less than fifty feet of frontage. The subject vacant parcel (Lot 19) has a frontage of 48 feet and a total area of 5,760 square feet, and is the westernmost lot on the block, abutting open space within the Woolbdght Place P.U.D.. It is a non-conforming lot because it does not meet the R-I-A district regulations. In this case, the provisions within Section 11.1.C., Non-conform/ng Lots is not applicable since the parcel is not an original platted lot and the frontage is less than 50 feet. Mr. Alan D. Menster, applicant for Buyers Investment Group LTD, Inc., is requesting the above-referenced variances to construct a single-family residence on a substandard lot (see Exhibit"B"- Proposed Building and Site Plan). It should be noted that the R-I-A zoning district allows development of a single-family residence. The minimum lot regulations for a single-family dwelling in the R-1-A zoning district are as follow (Chapter 2, Zoning, Section 5. D.2.a.): · Lot area: 7,500 square feet · Lot frontage: 60 feet · Front setback: 25 feet; · Rear setback: 25 feet; · Side setbacks: 7 1/2 feet. The applicant is proposing the following lot characteristics and setbacks: · Lot area: 5,760 square feet; · Lot frontage: 48 feet; · Front setback: 25 feet; · Rear setback: 25 feet; ; Side setbacks: 5 feet. Staff Report Memorandum No PZ-03-249 Page 3 ANALYSTS The code states that the zoning code variance cannot be approved unless the board finds the following: a. That spec/a/cond/t/ons and c/rcumstances ex/st wh/ch are pecu//ar to the/and, structure, or bu//d/ng /nvo/ved and wh/ch are not app//cab/e to other/ands, structures or bu//d/ngs /n the same zon/ng d/str/ct. b. That the spec/a/cond/t/ons and c/rcumstances do not resu/t from the act~OhS of the app//cant. c. That grant/ng the var/ance requested w/// not confer on the app//cant any spec/a/pr/v//ege that/s den/ed by th/s ord/nance to other/ands, bu//d/ngs, or structures/n the same zon/ng d/str/ct. d. That//tera//nterpretat/on of the prov/s/ons of th/s ord/nance would depr/ve the app//cant of r/ghts commonly enjoyed by other propert/es /n the same zon/ng d/str/ct under the terms of the ord/nance and would work unnecessary and undue hardsh/p on the appl/cant. e. That the var/ance granted/s the m/n/mum var/ance that w/// make poss/b/e the reasonab/e use of the /and, bu//d/ng, or structure. f. That the grant/ng of the var/ance w/// be /n harmony w/th the genera//ntent and purpose of th/s chapter [ord/nance] and that such var/ance w/// not be/njurfous to the area/nvo/ved or otherw/se detr/menta/ to the pub//c we/fare. Staff reviewed the requested variance emphasizing the applicant's response to the above criteria contained in Exhibit "C". The Lake Boynton Estates subdivision was platted in 1925 with varying lot dimensions. In 1975, the City adopted new zoning regulations, which caused many parcels to become legally non-conforming, including those in the Lake Boynton Estates Subdivision Plat. Staff concurs with the applicant's response that there exists special conditions peculiar to the subject parcel. Staff acknowledges that the previous owners have likely caused the non-conformity by subdividing the original platted lots. Also, regardless of what allowable use is proposed for Lot 19, unless assembled with adjacent property, variances for lot area, and frontage would be required, as the minimum needed to make possible the reasonable use of the land. Staff concurs with the applicant that special conditions and circumstances exist, related to lot depth, that are not the result of actions by the applicant, therefore satisfying criteria "a"and "b"above. It should be noted that the construction of a home on the subject lot, within the required minimum setbacks would not likely meet the minimum living area requirement. However, as proposed by the applicant and with approval of the variances, a 1,750 square foot home is proposed for this lot, comparable with other homes in the immediate vicinity. Staff also concurs with the applicant that the approval of the variances will not confer any special privileges. There are several substandard parcels within the area, similarly zoned, which were also the subject of similar variance approvals. Accordingly, denial of these variance requests would deprive the applicant of the rights already enjoyed by others. Therefore, criteria "c"and "d"are satisfied. With respect to criterion "e'; which considers if the request is the minimum necessary to make possible the reasonable use of the property, a unit design has been selected. Regardless of the building configuration on the lot, any single-family dwelling that would provide a minimum living area comparable to the existing residences in the neighborhood would still encroach into the side setback. Tt should be noted that the applicant is requisting relief from the side setback, which applies to the west property line. Along the western boundary of the subject property, the proposed layout indicates a six (6) foot setback, although the Staff Report Memorandum No PZ-03o249 Page 4 application is for a five-(5) foot setback. Staff acknowledges that to the west of the subject parcel, is an open space/preserve for the Woolbdght Place P.U.D., where no buildings or structures are allowed. Therefore, if approved, the proposed setback variance would have no negative impact on the adjacent preserve, and would include a side setback (east) compatible with the adjacent property. As such, this proposed application represents the minimum variance required in achieving the reasonable use of the land. In addition, it should be noted that the lots located to the north, east and northwest of the subject property are developed, thereby preventing further land assemblage to create a lot sufficient in size to comply with the minimum lot standards. Staff finds that granting the variances will not be injurious to the area or detrimental to the public welfare. On the contrary, the proposed improvement will be consistent with existing characteristics of the neighborhood including house sizes. Lastly as indicated above, the side setback variance being proposed on the west side of the home will allow compliance with the standard side setbck where the property abuts an adjacent built parcel. RECOMMENDA'I'IQN Based on the analysis contained herein, staff finds that a "hardship" exists. This request will not be injurious to the area or detrimental to the public welfare, and the variances requested are the minimum necessary to make possible the reasonable use of the land. Staff also concludes that the approval of the requested variances will enhance the community by supporting new infill housing development in the neighborhood. Therefore, staff recommends that the requested variances be approved, which grant relief from the Land Development Regulations, Chapter 2-Zoning to allow: 1) A 1,740 square feet reduction from the required minimum lot area of 7,500 square feet to allow a lot area of 5,760 square feet; 2) A twelve (12)-foot reduction from the sixty (60) foot frontage required by code to allow a 48-foot frontage; and 3) A 2.5-foot reduction from the 7.5 foot side yard setback required by code to allow a 5-foot side yard setback. No conditions of approval are recommended; however, any conditions of approval added by the Planning and Development Board or the City Commission will be placed in the Exhibit "D" - Conditions of Approval. MWR/MD S:\PlannJng~SHARED\WI~PROJECT~Buyers Investment Comug LTD, Inc.\ ZNCV 03-018~STAFF REP.dac I in. = 100.0 feet RI Location Map Buyers Investment Group LTD Inc. Exhibit "A" ~ EXHIBIT "B"' SURVEYORS, tHC. (s6'm) oo"m 19336 47"FH PLACE NORTH, LO~.HATCHEE, FLORIDA 35470 SKETCH OF BOUNDARY SURVEY LOT 6, BLOCK 20 ,,~ (OCCUPIED) · 'CH~I~ U~w; FENC~ O~ ~ FOUND 5/8' IRON ROD (0. r NORTH, 0.6' WES3') TRACT B ~ LOT 20, BLOCK 20 CRYSTAL KEY AT LOT 19, '; (OCCUPIED) BLOCK 20 ' 3 (THRESHOLD ELEVATION=, 9.43) WOOLBRIGHT PLACE, P.U.D. ~ MINIUMUM FINISHED ~ decim~ ~ J '" FLO0 R EI,,EVATION- I a.~ l~ 5. In fomtMtoa ~g~kt~ mJb-~u~ kt~pl~ventenl~, M~m, and/or o~'~'4ap~ I~ ~ i FOU~ ~ {~ ~ ~ i F & ~ (~ FOUNO ~' ~R~ ~0 o' ,-*~ 48.00" ~.' ".. ': · ". ~&~ (~ ~T~-WAY PER LOT 19, ~SS ~E ~T 2.0 FEET, BL~K 20, ~E ~TON ESTA~S ~T 1, ACCO~ING TO THE ~T ~E~, REC~D ~ ~T ~ 13. PA~S ~ ~D ~, ~ ~E ~BLIC RECO~S ~ P~M ~CH ~N~, FL~ID~ CONTAIN~G: 5,7~ SQU~E FE~ (0.13 ~) ~ ~ ~. PR~R~ C~ NO. ~~1~191 I s~ LE~ Ce~: ~T VAL~ ~ ~ ~ ~ A~ E~ ~ ~ CER~ 5~. S~ ~TE: ~ 15-03 U~~ ~TE ~ ~ ~ ;~~ ~~ O~B~: D ~[~~W~ FB. FI~ P.G. {mm{{{mml{' P~E~ ~. J0~18 Statement of Special Conditions, Hardships or Reasons Justifying Requested Variance/Exemption August 20, 2003 Le.qal Description: LOT 19, LESS THE EAST 2.0 FEET, BLOCK 20, LAKE BOYNTON ESTATES PLAT 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 32 AND 33, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. A. ExL~in.q Special Conditions and Circumstances The subject property is a vacant lot which appears to have only been 50 feet wide when the subdivision was platted. At some point the East 2.0 feet of this parcel was transferred to the property owner immediately to the east of this lot, leaving the subject parcel 48 feet wide. The majority of the other lots in this subdivision are 62~1~ feet wide. The depth of the property is 125 feet which appears to be the standard dep of the lots in this subdivision. The applicant desires to construct a new home on the property. However the width of the property necessities the request for the following three (3) variances from City of Boynton Beach municipal codes: Code Requirement Applicant Request Variance Lot Width (f~t) 60.0 48.0 12.0 Lot Size (square feet) 7,500 5,760 1,740 Side Setback (feet) 7.5 5 2.5 B. Special Conditions and Circumstances Not a Result of Actions of the Applicant The applicant, Buyer's Investment Group, Ltd., Inc?_took title to the Su .bj__e_c~___pro_perty~v.!a,, Tax Deed, dated May 21, 2003 and recorded in Official Record Book 15257, t'age lo,~ of the Public Records of Palm Beach County Florida. Pdor to this time, the applicant had no right, title nor interest in the property. The property was platted and the East 2.0 feet sold prior to the acquisition of the property by the applicant and it was purchased, "8S is". C. Granting Proposed Variance Will Not Confer a Special Privilege on ADD#cant The applicant wishes to construct an approximately 1,750 square foot, single-family home on the subject property. This home will be approximately the same size as surrounding homes. The proposed variance will, in no way, create a condition or circumstance that is not afforded to all other property owners in this subdivision. Statement of Special Conditions Page 2 D. Literal Interpretation of Code Will .Deny Applicant of Riqhts Commonly Enioyed By Others If interpreted literally, the aforementioned Codes governing lot size, lot width and side setback requirements would deny the applicant the dght to build a home of any size on this property. The property would be rendered virtually worthless. E. Requested Variance is the Minimum Required to Allow a Reasonable Use of Property Again, the size of the proposed home is in keeping with the size of surrounding homes within this subdivision, thus assudng its marketability and maintaining neighborhood consistency. The survey and site plan included as part of this vadance request show that the proposed home is being built in such a way that only the minimum variances necessary are being requested. No variances are sought for the front, rear and east side set backs. Further, the side setback variance is requested for the west side of the property that boarders pdvate, vacant land described as 'Outdoor Recreational Park Land", rather than another single-family residence. F. Granting Proposed Variance is in Keeping with the General Intent of Code and Will Not be Injurious to the Area or Detrimental to Public Welfare The variances listed above are sought for the sole purpose of constructing a single- family home that is consistent in size and appearaZnce with other homes in the area. This will not be injurious or detrimental in any way to the surrounding property owners or general public. To the contrary, the construction of this home will actually be beneficial in that: 1. The improvement of the property increases its taxable value. 2. The new home should increase surrounding property values as the property was historically overgrown and being .used for the storage of motor vehicles. In tum this will increase tax revenues. 3. The improvement of the property will put an end to any past, or potential, future Code Enforcement issues* related to the property's historical condition as stated above, and related public health, safety and welfare concems. EXHIBIT "D" Conditions of Approval Project name: Buyers Investment Group, LTD, Inc. File number: ZNCV 03-018 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERJENVIRONMENTAI JST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:LPlanning\SHARED\WP~ROJECTSXBuyers Investment Group, LTD., Inc\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Buyers Investment Group, LTD, Inc. APPLICANT'S AGENT: Alan D. Menster APPLICANT'S ADDRESS: 1400 Allendale Rd. Suite 1 West Palm Beach, FL 33405 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 5, 2003 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot area of 7,500 square feet to allow a variance of 1,740 square feet, resulting in a lot area of 5,760 square feet for a proposed single-family residence within the R-l- A single family zoning district; Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot frontage of sixty- (60) feet to allow a twelve (12) foot variance, resulting in a forty-eight (48) foot frontage for a proposed single-family residence within the R-1-A single family zoning district; Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a 7.5 foot side yard setback to allow a 2.5 foot variance, resulting in a five (5) foot side yard setback for a proposed single-family residence within the R-1-A single family zoning district. LOCATION OF PROPERTY: SW 4'h Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City COmmission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby .. GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Buyers Investment Group, LTD., Inc\DO.doc V.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM D.3. AGENDA ITEM REQUEST FO vl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the November 5, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved, subject to the requirements that the variance only apply to that portion of the buffer adjacent to the accessible parking space, and that additional landscaping be added within the buffer and to the south of the space to maximize buffering and compliance with the intent of the landscape code. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-251. EXPLANATION: PROJECT: Monahan & Monahan (ZNCV 03-020) AGENT: Sean Monahan OWNER: Sean Monahan LOCATION: 703 W. Boynton Beach Boulevard DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 7.5. Environmental Regulations Article II, Landscape Code, Section 5.D., requiring a 7-foot wide landscape buffer adjacent to a public right-of-way, to allow a 2- foot 10-inch-wide landscape buffer, and a variance of4-foot 2 inches for a commercial office building in a C-2 zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:~j/[/~/~. N/A Develop~t~eI~ar~l~q[ ~rector City Manager's Signature Planning a~d Zonin~ector City Attorney / Finance / Human Resources S:~lanningkSHARED\WP~PROJECTSLMonahan & MonahanXZNCV 03-020~a~.genda Item Request Monahan & Monahan ZNCV 03-020 11-5-03.dot S:x~BULLETIN~ORMSkAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNZNG AND ZONZNG D%VISION MEMORANDUM NO. 'PZ 03-2S1 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael W. Rumpf~L~ Planning and Zoning Director FROM: Maxime Ducoste-Ar,~,~L Planner ~.,~]¢::~TM ' DATE: October 21, 2003 PROJECT NAME/NO: Monahan & Monahan/ZNCV 03-020 (Landscape buffer reduction) REQUES-F: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter7.5. Environmental Regulations Article :II, Landscape Code, Section 5.D., requiring a 7-foot wide landscape buffer adjacent to a public right-of-way, to allow a 2-foot 10-inches-wide landscape buffer, and a variance of 4-foot 2-inches for a commercial office building in a C-2 zoning district. PRO3ECT DESCRZIrI~ON Property Owner: Sean F. Monahan. Applicant/Agent: Sean F. Monahan Location: Northeast corner of N.W. 7~ Court and Boynton Beach, Boynton Beach, FL. Existing Land Use/Zoning: Local Retail Commercial (LRC)/C-1 Proposed Land Use/Zoning: No changes are proposed Proposed Use: Office Building Acreage: 0.22 Acre (9,583 square feet) Adjacent Uses: North: A single-family house zoned R-l-A, single family residential district; South: Boynton Beach Boulevard right-of-way, and farther south is a commercial property, Waffle House restaurant, zoned C-2 Neighborhood Commercial District; East: A commercial property, Wendy's restaurant, zoned C-2, Neighborhood Commercial District; and West: N.W. 7u~ Court right-of-way, and farther west is a vacant undeveloped parcel, Staff Report Nonahan & Monahan File No. ZNCV 03-020 Page 2 zoned C-2 and farther west a dental office building (Affordable Dental Centre), zoned C-2. BA(~KGROUND The subject property is located at the northeast corner of N.W. 7~ Court and Boynton Beach Boulevard (see Exhibit "A" - Location Map). Sean F. Monahan, agent and owner, is requesting relief from the above- referenced Land Development Regulations, which requires a seven (7) foot wide landscape buffer adjacent to a public right-of way. The site plan application was reviewed and approved by the Planning and Development Board on July 23rd, 2002. The application proposed to construct one, one-story, office building totaling 1,809 square feet (See Exhibit "B" - Approved Site Plan). When approved, this project provided more than the required parking space. A total of 9 parking spaces were proposed, including one- (1) handicap spaces, it should be noted that in an effort to meet the new parking space standards (9 1/2 wide by 18 1/2 feet long) by redesigning of the northern parking row. This action resulted the encroachment of parking space in the required landscape buffer. ANALYSZS The code states that the zoning code variance cannot be approved unless the board finds the following: a. That special conditions and drcumstances exist which are peculiar to the/and, structure, or building involved and which are not applicable to other/ands, structures or buildings in the same zoning d/strict. b. That the special conditions and circumstances do not result from the ach'ohs of the applicant. c. That granb'ng the variance requested wi1/not confer on the applicant any special privilege that is denied by this ordinance to other/ands, buildings, or structures in the same zoning d/strict. d. That//'teral/nterpretab'on of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties/n the same zoning d/strict under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted/s the m/n/mum variance that will make possible the reasonable use of the /and, building, or structure. f. That the granb'ng of the variance will be/n harmony w/th the genera/intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the pub/lc welfare. Staff reviewed the requested variance with emphasis on the applicant's response to the above criteria contained in Exhibit "C", which require the request be initiated by special conditions and circumstances that are peculiar to the subject land, structure, or building, which are not the result of the actions of the applicant, and that the request is the minimum variance that will make possible the reasonable use of the land, building, or structure. Staff responses to selected items are as follows: a. That spec/a/conditions and circumstances ex/st which are peculiar to the land involved and which are not applicable to other/ands; and b. That the spec/a/conditions and circumstances do not result from the actions of the applicant. Staff Report Monahan & Monahan File No. ZNCV 03-020 Page 3 The subject request has been generated as a result of the applicant's intention to gain additional square footage, consequently involving the relocation of the handicap space along the northwest portion of the subject property (See Exhibit"B"- Amended Approved Site Plan). On the previously approved site plan, only one (1) handicap space is required. This space is required to be located to facilitate the closest and safest route possible. Originally, the required handicap space was proposed to be located adjacent to the building, along the western property line. The proposed building design was approved with an indentation wide enough to accommodate the handicap space, a five (5) foot wide handicap access and the required landscape buffer. This represented the optimal location given the site constraints. Furthermore, the handicap space as it was originally located and approved met the ADA requirement. The need for the variance appears to be a result of the applicant's desire to revise the symmetry of the building to remove the indentation and improve the interior space and exterior appearance. Since the applicant has the ability to construct the project in conformance with code requirements as demonstrated by the previous approved site plan (See Exhibit"B"- Approved Site Plan), criteria items "a" and "c" are not met. Further, since the applicant's effort to gain extra square footage and to achieve aesthetic objectives have caused the necessity for the variance, condition above is also not satisfied. c. That granting the variance requested wi//not confer on the applicant any spec/a/privilege that is den/ed by this ordinance to other lands, buildings, or structures in the same zoning district. Given that the site plan is reviewed and approved initially for compliance with regulations and conformance with quality design and compatibility objectives intended for the corridor and the zoning district, granting of the subject request could represent a special privilege not typically conferred to others. This statement is justified by the fact that relief would represent the lowering of standards to which other site plans are held. The intent of the landscape buffer is to screen the vehicular use areas from the public right-of-way and to enhance project aesthetics. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Staff acknowledges that the project is providing more than the required number of parking spaces. The site was designed 'to accommodate more parking-intensive uses, so as not to restrict the future use of the building. With respect to criteria "e"above, which relates to the magnitude and necessity of the variance, the subject property was approved for an office use. Therefore, the building and site was designed to maximize the site pursuant to the existing code requirement. It is the opinion of staff that"reasonable use" in this case would mean that the principal use of the project could be any commercial use allowed in the C-2 zoning district, and as originally intended by the approved site design. RECOMMENDAT]:ON Based on the analysis contained herein, staff recommends that this request for relief from Chapter 7.5 Environmental Regulations Article II, Landscape Code, Section 5.D., requiring a 7-foot wide landscape buffer, to allow a 2-foot 10-inch-wide landscape buffer, and a variance of 4-foot 2-inches be denied due to the lack of hardship. No conditions of approval are recommended; however, any conditions of approval recommended by the Planning and Development Board or required by the City Commission will be placed in Exhibit"D"- Conditions of Approval. Staff Repo~ Monahan & Monahan File No. ZNCV03-020 Page 4 Denial of this variance would require the further redesign of the site and/or building, which is currently designed to the minimum setbacks, or the return of the design to that which was approved on the original site plan. It is also noted that the attached site plan shows a slight encroachment into the same buffer by the north-westernmost parking space. This appears to be a result of the widening of each parking space along the northern row. The width of each space is shown greater than the previous minimum requirement of nine (9) feet, but less than the current standard of nine and one-half (9 1/2) feet wide. The spaces should be redesigned to the previous standard width of nine (9) feet, or reduced by one space to avoid the encroachment. If this variance is supported by the Commission, staff strongly recommends that landscaping materials be maximized in the buffer provided, as well as along the south side of the accessible space, in an attempt to meet the screening intent of the landscaping regulations. MWR/MD S;\Planningt~SHARED\WP~PRO3EC'T~BtNerS Investment Group LTD, Inc.\ ZNCV 03-O18\STAFF REP.doc 1 in. = 100.0 feet R Si Location Map Monahan & Monahan Exhibit "A" [] AMENDED APPROVED SITE PLAN"' -:,, ...,'i~',-, ..J I- ,,i~,'' ~ Lot 4 rn EXHIBIT "D" Conditions of Approval Project name: Monahan & Monahan File number: ZNCV 03-020 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. Variance approved shall only apply to that portion of the landscape buffer that X is adjacent to the accessible space. 2. Planting materials shall be maximized within the remaining buffer adjacent to X the accessible space, and along the south side of the accessible space to maximize bufferinl~ and compliance with intent of landscape rel~ulations. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WPLPROJECTSXMonahan & MonahankZNCV 03-020\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Monahan & Monahan APPLICANT'S AGENT: Sean F. Monahan APPLICANT'S ADDRESS: 7664 Colony Palm Drive Boynton Beach FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 5, 2003 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 7.5. Environmental Regulations Article II, Landscape Code, Section 5.D., requiring a 7-foot wide landscape buffer adjacent to a public right-of-way, to allow a 2-foot 10-inch-wide landscape buffer, and a variance of 4-foot 2-inches for a commercial office building in a C-2 zoning district. LOCATION OF PROPERTY: 703 W. Boynton Beach Blvd. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP~PROJECTS\Monahan & Monahan~NCV 03-020\DO.doc V.-CONSENT AGENDA ITEM D.4. CITY OF BOYNTON BEAC! AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the November 5, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unammous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-245. EXPLANATION: PROJECT: Monahan & Monahan (SPTE 03-004) AGENT: Dale Meaux, API Group, Inc. OWNER: Scan Monahan LOCATION: Boyntun Beach Boulevard & NW 7t~ Court DESCRIPTION: Request for a one (I) year site plan time extension to August 6, 2004, for a one (1) story professional office building totaling 1,838 square feet on a 0.22-acre parcel in the C-2 zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:~{~ ~~r~4/ N/~A ~~&~ Deve~dt ~epa~e~tDkector Ci~ Manager's Si~e eso es S:~lanning~D~ROJECTS~onahan & Monahan%PTE 03~4~genda Item Request Monahan & Monahan SPTE 03-004 11-5-03.dot S:~ULLET~O~S~GENDA ITEM ~QUEST FO~.~C DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-245 TO: Chairman and Members Planning & Development Board T'RU: Michael Rumpf Director of Planning and Zoning FROM: Ed Breese Principal Planner DATE: October 15, 2003 PROJECT: Monahan & Monahan / SPTE 03-004 REQUEST: Site Plan Extension PRO.1ECT DE$CRIPI'ZQN Property Owner: Sean Monahan $ Applicant/Agent: Dale Meaux, API Group, Inc. Location: NE corner of NW 7m Court and Boynton Beach Boulevard (see Exhibit "A" - Location Map) Existing Land Use / Zoning: Local Retail Commercial (LRC) / Neighborhood Commercial (C-2) Proposed Land Use/Zoning: No change proposed Proposed Use: 1,838 square foot Professional Office Building Acreage: 9,583 square feet (0.22 acres) Adjacent Uses: North: Single-family residential development, zoned R-l-A; South: Boynton Beach Boulevard right-of-way, and farther south is the Waffle House restaurant, zoned C-2; East: Wendy's restaurant, zoned C-2; and West: NW 7m Court right-of-way, and farther west a dental office building, zoned C-2. BACKGROUND Mr. Dale Meaux, Architect and agent for Monahan & Monahan is requesting a one (1)-year time extension, for the site plan approval (NWSP 02-010) originally granted on August 6, 2002. Additionally, a Minor Site Plan Modification (MMSP 02-069) was granted on December 31, 2002, adding 29 square feet to square-off a corner of the building and relocating a handicap parking space. The property, zoned Neighborhood Page 2 Memorandum No. PZ 03-245 Commercial (C-2), is currently a vacant, undeveloped parcel approximately 0.22 acres in size. The intent of the project is to construct a one story professional office of 1,838 square feet. ]:f this request for extension were approved, the expiration date of this site plan, including concurrency certification would be extended to August 6, 2004. ANALYSIS On August 6, 2002, the City Commission granted site plan approval for the above-referenced project. This site plan approval was subject to 17 conditions of approval. All project conditions of approval pertaining to the site plan would still apply. According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". It states further that the City Commission may extend the approval for one (1) year provided that the applicant has filed a request for a time extension prior to the expiration of the original approval. In this case, the applicant has met the requirement. The Planning & Zoning Division received the application for a site plan time extension on August 1, 2003, prior to the expiration date. After Commission approval, the Architect and owner continued to meet to refine the plans for a totally functional attorney's office. As a result of further refining of the details, the applicant requested a Hinor Modification Of the approved site plan, consisting of the removal of a small notch in the building, which resulted in the addition of 29 square feet of functional space to the office arrangement and a more symmetrical, improved building facade. As a result of the removal of the notch in the building, there was not sufficient space to retain the handicap parking space in the same location without encroaching into the minimum landscape buffer. The Planning and Zoning Division on December 31, 2002 approved the Hinor Modification to the previously approved site plan. Although the enhanced floor plan concept worked well for the applicant, the idea of relocating the handicap parking space away from the building did not. The architect and applicant explored options to retain the handicap parking space against the building to assure ADA compliance. Ultimately, it was determined the only option would be to seek a variance to the landscape buffer in order to retain the handicap space in its previous location. However, the variance procedure would take the project beyond the one-year threshold for site plan approval. A determination was made to request the time extension to allow the exploration of a variance to retain the handicap parking space adjacent to the building. The applicant has since filed for the variance to the landscape buffer (ZNCV 03-020), which is also on the Board's agenda this evening. These reasons appear to provide justification and a need for the formal request for site plan extension. RECOMMENDATZQN Staff recommends approval of this request for a one (1)oyear time extension of the site plan approval (NWSP 02-010). This recommendation is based on the "good faith" effort shown to build the project, the fact that traffic concurrency has been maintained, and no changes have been made to the Land Development Regulations that would impact this project since it was approved in 2002. Approval of this request for site plan extension would extend the project's expiration date to August 6, 2004. All conditions of approval included in the initial development order must still be satisfactorily addressed during the building permit process. No new conditions of approval are recommended in conjunction with this site plan extension at this time; however, any conditions of approval recommended by the Board or required by the City Commission will be placed in Exhibit "C" - Conditions of Approval. S:\Planning~,Shareo",Wp',Project$\Monahan & MonahanLSPTl= 03-004~Staff Reporl.doc 1 in. = 100.0 feet R S Location Map Monahan & Monahan Exhibit "A" ~ ~ ('" EXHIBIT ,"B" ~i~i '~"~ ' : - - ' ............... = ..... ~ -' ...~... :: .-,.~ , ~. - ~'.~- 1 ~qt;tl~ ' _, : ~ ~ ~ ~ ~, , . , ,., I ~ Jt~l~ ~1 ~ ~ ..... ~ I iii[' I ,;il ~ i ~ [ ' [ 'iii I ii; [~ [ ~;~ " ~:~----- ('~-~ EXHIBIT "B" ~ t~,I 1: ~,,, · .41 ~-'"~ i~l! [ ~, , ,~ 11~~[t iI 'i1 1¢ '" '' "' ' I ~:~ ("~' EXHIBIT "B" ~' ("? IBIT "B" APl (;il, OUP, INC. EXHIBIT "C" Conditions of Approval Project name: Monahan & Monahan File number: SPTE 03-004 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERfENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:LPlanning\SHARED\WPXPROJECTSWIonahan & Monahan\SPTE 03-O04XCOA2.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Monahan & Monahan APPLICANT'S AGENT: Dale Meaux, APl Group, Inc. APPLICANT'S ADDRESS: 111 E. Palmetto Park Road, Boca Raton, FI 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 5, 2003 TYPE OF RELIEF SOUGHT: Request site plan time extension for the construction of a one-story, 1,838 square foot professional office building on 0.22 acres in the C-2 zoning district, more specifically a one (1) year time extension of the approval granted on August 6, 2002 (an extension to August 6, 2004). LOCATION OF PROPERTY: NE corner of NW 7th Court and Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as folloWs: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk V.-CONSENT AGENDA CITY OF BOYNTON BE/ ITEH F. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (No~ [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3. 2003 (Nc~. --< [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation '~' [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve full release of surety covering the water and sewer systems for the project known Lester PUD Plat 1 and returning the letter of credit to the developer. EXPLANATION: The developer of this project currently has a letter of credit in the amonnt of $28,300 posted with the City to guarantee satisfactory completion of the on-site water and sewer systems serving Plat 1 of this project. Those systems have now been completed, all documentation has been provided and the systems have operated satisfactorily through the warranty period. The letter of credit no. BA-409 from Bani~tlantic may therefore be released, and returned to the developer. PROGRAM IMPACT: None FISCAL IMPACT: None _ _..AJe T E RNA T IVfF~S : ~a e. · '1 Department He~, 's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Barbara Conboy " Mary Munro, Finance Dept. File S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC V.-CONSENT AGENDA ITEM G. CITY OF BOYNTON BEA AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September [6, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business ~ ~r"~ AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business ~ ~z RECOMMENDATION: Release of a cash bond o£ $2,750.00 to LCI Construction of South Florida, Inc. for the project known as Lighthouse Academy. EXPLANATION: On July 16, 2003, the Building Division sent to the Finance Department a cash bond of $2,750.00 for the completion o£ the permkted work £or the project known as Lighthouse Academy located at 202 W. Boynton Beach Boulevard. The work has been completed and the Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIV~e Quin~wL'~TGieen~[, D~v~l~pmeht Director City Manager's Signature Development Department Deparmaent Name City Attorney / Finance / Human Resources S:XBULLETIN~ORMSL~GENDA ITEM REQUEST FORM.DOC BOYNTON BEACH FL 33425 CERTIFICATE OF OCCUPANCY PERMANENT Issue Date ...... 10/16/03 Parcel Number ..... 08-43-45-28-10-003-0090 Property Address 202 W BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 Subdivision Name Legal Description BOYNTON HEIGHTS ADD REVISED PL LTS 9 TO 16 INC /LESS N !0 FT SR 804/ BLK 3 Property Zoning .... NEIGHBORHOOD COMMERCIAL Owner ......... FRANCIS JULIUS G Contractor ...... LCI CONSTRUCTION OF SO FLA INC 561 659-5111 Application number 02-00003365 000 000 Description of Work CHILD CARE CENTER Construction type TYPE VI/UNPROTECTED Occupancy type .... BUSINESS Flood Zone ..... ,. Special conditions LIGHTHOUSE ACADEMY FINISH FLOOR ELEV 24' AS IDENTIFIED ON THE FLOOD ELEVATION CERTIFICATE Approved ....... ~/'~~ · -Bui~q]~ng Official VOID UNLESS SIGNED BY BUILDING OFFICIAL EXHIBIT "A" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 03-153 TO: Diane Reese, Finance Director FROM: Timothy K. Large, Building Code Administrator~.~) DATE: July 16, 2003 SUBJECT: CASH BOND - LIGHTHOUSE ACADEM'Y - 202 W. BOYNTON BEACH BLVD. Attached is a check for $2,750.00 from LCI Construction of South Florida, Inc. This is a cash surety for Lighthouse Academy and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letter from Robert E. Kuoppala and check XC: Don Johnson, Building Official ' Permit File # 02-3365 S:XDevelopmentXBUILDINGhMemos\Cash Bonds - 2003~.Cash Bond - Lighthouse Academy.doc EXHIBIT "B" FIDELITY 2 0 615 7 9 FEDERAL ~'~"° BANK &.TRUST July 15, 2003 205 Datura Street, West Palm Beach, Ftonda 33401 82,7150.00 PAY "*TWO THOUSAND SEVEN HUNDRED FIFTY and 00/ lOO*-* rD r~E-- J CrI'Y OF BOYNTON BEACH CASHIER'S CHECK ORDER NOT VALID 90 DAYS AFTER ISSUE OATE OF NON NEGOTIABLE CUSTOMER COPY - LCl CONSTRUCTION/SURETY BOND REMll-TER AUTHORIZED SIGNATURE PRESIOENT EXHIBIT "C" KUOPPALA & ASSOCIATES, P.A. ARCHITECTS 5,319 LAKE WORTH ROAD (561) 439-6424 LAKE WORTH, FL 33463 WEBSITE: wxwv.kuoppala.com (561) 439-0018 Fax #AAC001656 July 12, 2003 Boynton Beach Building Department I00 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Attention: Plan Review Departments Re: Lighthouse Academy Comm. No. 0211 Dear Staff, We are requesting a temporary Certificate of Occupancy for the above referenced project. The followings items are left to be completed. VALUE 1. Curb Patching & Paver replacement (approx. 20 SF) for Dot Approval $300.00 2. Replace 11 trees with min. 3" caliper $2,200.00 Total Value Of Work To Be Completed $2,500.00 By my signature & seal below, I certify that the tbregoing is correct. Respectfully submitted, ~o~e. ~. ~uo~,.~ 7/'~/~3 /~E~ ~ O ~ ~ ¥ ~ ~ AR0009481 Gt EXHIBIT "D" V.-CONSENT AGENDA CITY OF BOYNTON BEA¢ ITEM H. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon,) [] October 7, 2003 September 15. 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon~ [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noc~ [] September lO, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (No~l~ [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation .~. [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unf'mished Business RECOMMENDATION: Release of a cash bond of $2,200.00 to Bliss Construction for the project known as Hunter's Run Country Club (Guardhouse). EXPLANATION: On September 17, 2003, the Building Division sent to the Finance Department a cash bond of $2,200.00 for the completion of the permitted work for the project known as Hunter's Run Country Club (Guardhouse) located at 3500 Clubhouse Lane. The work has been completed and the Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATI~°n~/i. Quin~s~. G~eele, Dex;e~pXrnent Director Cit~ Manager's Signature Development Department clQq~t) ~5t..~ Department Name City Attorney / Finance / Human Resources S:\BULLET1N~FORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH FL 33425 ~ . , PERMANENT Issue Date ...... 10/16/03 Parcel Number ..... 08-42-46-01-04-000-0011 Property Address 3500 CLUBHOUSE LN BOYNTON BEACH FL 33436 Subdivision Name HUNTERS RUN TR I Legal Description SUMMIT PL 1 TRS 1 THRU 19, TH PT OF TR 21 K/A REC AREA & PT OF ABND CHARTER DR N LYG WLY OF & A_DJ Property Zoning .... PLANNED ZONED DISTRICT Owner ......... HUNTERS RUN GOLF & Contractor ...... BLISS CONSTRUCTIONS INC 561 391-0212 Application number 03-00000961 000 000 Description of Work GUARD HOUSE Construction type Occupancy type .... Flood Zone ...... Special conditions HUNTER'S RUN GUARDHOUSE FINISH FLOOR ELEV 21.9' AS IDENTIFIED ON THE FLOOD ELEVATION CERTIFICATE FLOOD ZONE A-9 BASE FLOOD ELEVATION 13' Approved ....... ~~ Buil~ing Official VOID UNLESS SIGNED BY BUILDING OFFICIAL EXHIBIT "A" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 03-198 TO: Diane Reese, Finance Director FROM: Don Johnson, Building Official~ DATE: September 17, 2003 SUBJECT: CASH BOND - HUNTERS RUN COUNTRY CLUB (GUARDHOUSE) - 3500 CLUBHOUSE LANE Attached is a check for $2,200.00 from Bliss Construction. This is a cash sUrety for the Hunters Run Country Club guardhouse and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letter from Gary P. Eliopoulos, AIA and check # 100821520 XC: Timothy K. Large, Building Code Administrator Permit File # 03-961 EXHIBIT "B" S:xOevelopment~,BUlLDING',Memos Cash Bonds - 2003'Cash Bond - Hunters Run Country Club Guardhouse. doc ) Ci¥~ra~ch 704--001 NC Ptepa~r's WNG Initml$ Centura ~ ~.~e~ ~,~,~,,,-~vw,~ ~,,~ ,**2,200.00** ) D~WER: R~C Cemu~ Authorized Signature "'&O0~ ~[S~O"" ~:ONNO&SSN3~:O [gOOiOSqqqsh"' EXHIBIT "C" · ~ ELIOPOULOS ARCHITECTURE, INC. Architecture, Planning + Design AA0003179 September [9, 2003 City of Boynton Beach Building Department 100 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 Re: Hunters Run Country Club Boynton Beach, Florida To Whom it May Concern: With regards to the above reference project, we are requesting to obtain a temporary/partial occupancy with the following outstanding issue for permit # 03-961: Health Department is requiring additional information and certification on the new sanitary pump that was installed between the new guard house and the existing septic tank. Please see attached surety bond in the amount of $2,000.00 to cover the cost associated with the sanitary pump system. Upon receipt_, of fl~i,s letter, should you have My questions, please feel free to contact me. ~cip .~l[[opc~'S, A11k, NCARB EXHIBIT "D" 205 George Bush Blvd. · Delray Beach, FL 33444 · Phone: (561) 276-601! · Fax: (561) 276-6129 · E-mail: GPE,~AOL.COM V.-CONSENT AGENDA CITY OF BOYNTON BEAC] ITEM I. AGENDA ITEM REQUEST FO vl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) I I September 2, 2003 August 18, 2003 (Noon) 12q November 5, 2003 October 20, 2003 (Noon~ --~.- [] September 16, 2003 September 2, 2003 (Noon) --[__] November 18, 2003 November 3, 2003 [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unf'mished Business RECOMMENDATION: Accept the award of the block grant between the City of Boynton Beach and the U. S. Department of Justice Office. The grant amount is $89,467. EXPLANATION: The City of Boynton Beach has been awarded a grant from the U.S. Department of Justice, Local Law Enforcement Block Grant Program to fund for taser equipment, surveillance equipment and laptop computers. This grant is a matching fund grant; The Cities share is a 10% matching funds. PROGRAM IMPACT: This grant will allow the Police Department to fund new equipment within the department. FISCAL IMPACT: LLEBG Funding $89,467 City of Boynton Beach $ 8,947 Total Funding $98,414 Funding has been provided in account 001-2110-521-91-04 ALTERNATIVES: Bynot ~~~~ to fund these projects entirely. ~~ ~' Department Head's Signature ' City l~lanager's Signature Police 5~ City Attorn(el~ / Finance / Hti~an Reiources Department Name SSBULLETIN~ORIvlS~AGENDA ITEM REQUEST FORM.DOC Crimin,i J,stice Commi,sion September 22, 2003 301 N. Olive Avenue, Suite I001 West Palm Beach. FL 33401-4705 t561/ 355-4943 FAX: i561) 555-4941 Chief Marshall Gage wwwpbcgovcom/cjc Boynton Beach Police Department 135 N.E. 1st Street · Boynton Beach, Florida 33435 P, Im Be,,ch County Dear Chief Marshall Gage: Board of Count~ Commi,slo-ers At its September 22, 2003 meeting, the Palm Beach County Criminal Wren T Marcus. Chair Justice Commission reviewed your application to receive funds from the Local Law Enforcement Block Grant Program (LLEBG). The CJC Tony Mas,lotti. \'ice Chairman voted to recommend your department's proposal to use $89,467.20 ~eff~oo~ in grant funds plus $8,946.72 in matching funds to purchase M26 Advanced Air Taser, surveillance cameras, in-car printers, driver's Warren H. Newell license readers, and laptop computers. Mary McCarty Bur[ Aaronson This satisfies the LLEBG program requirement to have an advisory board review your application and provide recommendations. To ,~d~e ~. Gree~ assist you in completing your follow-up information form, I have enclosed a copy of the CJC's membership roster, which includes Crimin.lJu~ti¢, representatives from both the public and private sectors. Commission officers jorge A. Dominic,s. Cha,rman If you have any questions or require additional information, please Leo ~. ~o~e. ':~e C.~a~rma~ do not hesitate to call Diana Cunningham at (561) 355-4943. Ric Bradshaw. Secretary Sincerely, County Administrator J~g~Y A. Dominibig Ch~rman Robert Weisman JAD/kyn Executive Director L. Diana Cunnlngham E-rna dcunnmg@co.palm-beachfl.us "An Equal ©ppornmlqv ,4_(firmarl;'e . ! etlon F. mpioyer" ~y ?,ffnte~ c,~ .ecycted ~aoer Un~ler, Wend¥ From: ojp@ojp.usdoj.gov Sent: Saturday, August 30, 2003 2:01 AM To: Unger, Wendy; Unger, Wendy Subject: Award Approval Notification. [Award No. 2003-LB-BX-1611] Congratulations! Your Award for the FY 2003 Local Law Enforcement Block Grants (LLEBG) Program has been approved by the Bureau of Justice Assistance (BJA). You have 45 calendar days from the date on your Award to review and accept this Award. Ail Awards not accepted within this 45 day period will be deobligated and funds will be redistributed among FY 2004 eligible applicants during the next LLEBG funding cycle. To accept your award, go to http://grants.ojp.usdoj.gov/llebg/ojp_login.llebg_login.llebg_main and log on using your user id and password. You have 90 calendar days from the date on your Award to submit your Request for Drawdown. Any funds not drawn down within this 90 day period will be deobl±gated and funds will be redistributed among FY 2004 eligible applicants during the next LLEBG funding cycle. Please Note: BJA is requesting that LLEBG grantees make every effort to ensure that any proposed use of LLEBG funds to procure equipment and/or fund programs or projects that focus primarily on Domestic Preparedness; First Responder; Anti-Terrorism and/or HQmeland Security be coordinated with your State's Homeland Security Contact. Written notification should be made to the State Homeland Security Contact informing them of the use of funds and any changes to the plans, during the life of the grant. Please maintain an administrative file documenting the contact with the Homeland Security Contact. For a list of State Homeland Security Contacts, go to http://www.dhs.gov/dhspublic/interapp/editorial/editorial_O291.xml. Please be aware that this notification will be included as a Special Condition for the FY 2004 funding cycle. Your compliance with this request for FY 2003 is appreciated. Again, please do not reply directly to this message as your reply will not reach us. (Please Note: if you respond to this email do not change the subject line, thank you) l.,O~,d.l I~W F_.,IIIOiUOIIiOIIt DIOGK tJrants - gL, gDO lntroctuctlon Page ' of ' ] F¥ 2003 Local Law Enforcement Block Grants Program ~ Boynton Beach City, FL Application Award RFD Grant Changes Final Grant Report Correspondence Switch to ... ~] Grant Handbook Application was submitted on August 20, 2003 11:24:42 AM EDT. Click here to print View Only a copy. LLEBG FY 2003 Application View Application Date Certified: 20-AUG-03 IDate Submittad: 20-AUG-03 Jurisdiction Information Help/Frequently Asked Jurisdiction: County: State: CDFA Number: Boynton Beach City PALM FLORIDA Questions BEACH 16.592 LLEBG Home Budget Information Log-Off Eligible Award Amount: , Final Award Match Amount: I Matching Funds Amount: Description: $99,408 $9,941 i State and Local Govemment Units $89,467 CEO Information !Title: Name Prefix: Last Name: First Name: Mayor Gerald Broening Mr. Address: Telephone: Fax: Email: 100 E. Boynton Beach Blvd. (561 ) 742- (561 ) 742- Boynton Beach, FL 33435-3899 6013 6185 ungerw@ci.boynton- beach. FLus Program Contact Information Title: Name Prefix: Last Name: First Name: Lieutenant Unger Wendy Ms. !Address: Telephone: Fax: Emall: 100 E. Boynton Beach Blvd. (561) 742- (561) 742- Boynton Beach, FL 33435-3899 6109 6847 ungerw~ci.boynton- beach. FL.us Application Details Date Agreed to Trust Fund Requirement: Applicant Is PSOHB Compliant: 20-AUG-03 No Date Agreed to SPOC Requirement: Date Agreed to SAA Review 20-AUG-03 Requirement: 20-AUG-03 Date Agreed to Certffications: Date Agreed to Assurances: 20-AUG-03 20-AUG-03 https://grants.oj p.usdoj, gov/llebgs//llebg2000.11ebg_main.aPp_read_only?p_bgid=5 8/20/2003 j_,ocai Law enrorcemen, t 15loCK ~arants -.LLE.~,LJ t. ntroductlon Page 1 of 1 I] FY 2003 Local Law Enforcement Block Grants Program Boynton Beach City, FL Application Award RFD Grant Changes_ Final Grant Report Correspondence Switch to ... -J Grant Handbook Your application was successfully submitted to BJA on August 20, 2003 11:24 Vie~v Only AM EDT You will be notified via email when your award is ready for acceptance. The next step View AppLication will then be to accept your award by clicking on the Award Tab above. You may View and Print your application now. Help/Frequently Asked Questions LLEBG Home Log-Off https ://grants.oj p.usdoj .gov/llebgs//llebg2000.11ebg_main.update_assurance 8/20/2003 V.-CONSENT AGENDA CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August5,2003 July 14,2003 (Noon.) [] October7,2003 September 15,2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Admini.qtrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager'S Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements ~ [] Unfinished Business RECOMMENDATION: Request authorization to re-direct a portion of Community Investment Funds to the R M Lee Community Development Center, Inc. EXPLANATION: On August 5, 2003 the City Coiranission approved allocation of $6,000 from Community Investment Funds to the 2003 School Curriculum ResOurce Program and $5,000 for school supplies. The purpose of the School Curriculum Resource Program is to provide educational resource materials for schools to be used in the classrooms of public schools in Boynton Beach. Attached is a copy of the letter written to the principals of all public schools in Boynton Beach, giving them a deadline of October 31~t to provide a proposal to the city. As of October 31st we have received requests from four schools for the School Curriculum Resource Program for a total of $2,400 and requests, from five schools for the school supplies program for a total of $3,125. A total of$11,000 was allocated for these two programs. Since only $5,525 has been requested, we are seeking authorization to re-direct $2,000 of the above funds to the R M Lee Community Development Center, Inc., an organiTation that serves the co~nmnnities in its target area (by mission and grant funding designation), which is known as the Heart of Boynton, but their programs are also open to all of Boynton Beach. A copy of their funding request is attached. PROGRAM IMPACT: None - The R M Lee Community Development Center, Inc. is a qualified non-profit organiTafion with a viable use of funds as originally proposed except the organ/zation is not a public school. FISCAL IMPACT: Funds are being held in a miscellaneous trust account for the School Supply Drive and School Curriculum Resource Program. ALTERNATIVES: Not approve request. ~ ~j Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:kBULLETIN~ORMSkAGENDA rrEM REQUEST FORM.DOC The City of Boynton Beach OFFIC~ OF THE CffY.~L4A"AGER 100 K ~oynton Beach Boulevard EO. ~x 310 October 9, 2003 Ms. Bonnie Fox Odyssey Middle ' 6161Woolbright Rd. Boynton Beach, FL 33437 Dear Ms. Fox: The City of Boynton Beach has long taken an active role in helping to ensure a quality education for our City's youth. Among our goals is to make certain that our children have the proper tools to enable them to excel in their academic studies and achieve their full potential. To accomplish this task, the City Commission has provided funding for two one-time programs to help enhance our ~children's educational experience. The first is an allocation for school supplies for students attending the City's elementary and middle schools who may not have access to them. The second is a grant to help establish a School Curriculum Resource-Program to provide resource materials that will assist students in refining skills to improve FCAT scores in elementary, middle and high schools. These materials may include software, resource books or other'~ducational tools. Funds may not be used for schOol supplies or furnishings. Under the terms of. the school supply program, each elementary and middle school receiving this letter is eligible to obtain up to $625 for school supplies. These supplies must come from the school lists that were provided to your students at the beginning of this school year. A special account has been set up at the Boynton Beach Office Depot store located at 260 N. Congress Avenue for you to shop. You cannot shop at any other Office Depot store. In order to Shop, you must have a letter from the City with a special control number. To obtain the letter, please send or fax your request along with copies of your school supply lists. We cannot issue you a control number without the list. -2- In requesting the letter, you agree not to resell the supplies and will ensure that they are distributed to students where the need is the greatest. All purchases must be made by Friday, October 31, 2003. No sales tax will be added to your order. To be eligible for funding from the CurriCulum Resource Program, each elementary, middle and high school receiving this letter should return a proposal to the City outlinin~ how this money will be used along with a proposed budget. The funds may be used for materials only and not any-overhead expenses, such as salaries. Each school may receive up to $600. Proposals should be received either by mail or fax by Friday, October 31, 2003. Should you have any questions about either program, please call the City"s Public Affairs director, Wayne Segal, at (561) 742-6010. I know we all share an interest in making a better future for our children. Sincerely, Kurt Bressner, '-- City Manager CITY :.,_. r. · a OFFICE "MAKING A DIF RENCE" Octo~r 17, 2003 ~ ' ~e Honorable Oe~d Broe~ng ~ ~ T~ - P.O. Box 310 B~ton B~ FL 33425~3 l0 ~~e~ ~0~ ~er ten (10) mon~ of o~mdon ~e R. M. ~ Co~~ Development Center, &c. imelf ~11 ~ n~ of do~o~ to o~et ex~ ~l~ to gme~ o~o~ ~c~y · ose co~ ~im~ ~ ite~ not ~ve~ by &e ~m we ~ve ~n ~le to sec~ ~d o~er p~~c cos~. We ~ve b~n bl~ ~ ~& ~m ~m ~e Ciw of Bo~t°R. ~o~cl co~ of ~e ~. ~ C.D.C., &c. Ho~, we ~ ~ve a n~ for ~g to m~t ~e o~er oblig~o~ ~d expe~ ~s~i~ ~ o~~ ~e C.D.C. ~e~fo~ wo~d ~y ~p~iam ~y ~g ~si~ce you ~ pm~de to~ o~ pm~g i~d~v~. Since ~g o~o~ ~ Novem~r, 200~ ~ ~ve ~~y help~ 39 ~Vid~s ~~ ~ Co~ ~ ~y~o~mn A~y ~ ~% G~ ~emm~ Physi~ ~on ~~. We ~ ~ly a~g ~~ ~m &e o&~ ~,~-~ w~~ oz ~ve~ ~ u~ ~ t~ ~ cl~s for yo~ ~d se~o~. ~~ mr ~v~ yo~ ~m~ ~o% FCAT, SAT ~d A~ ~o a ~jor ~m n~t ~M · . . j~ m me ~evelopment ~n~ m ~e "H~ off.mn" ~~ ~ F~ly, you may ~. a~ ~ SC Jo~ M~io~ B~fist ~ ~ ~& ~ CD.C. ~n a C~er Sch~l ~Q~ve ~ ~ ~fly ~mv~ by ~ ~ ~ Co~ Sch~l D~cc RO. Box 370 · Boynton Beach, FL 33425 As you can see, with the limited funding that we have thus far been able to seeure, we have tried to maximize its use. We have a couple of program specific grants requ. ests currently being considered and are continually seeking grants and other funding opportunities to a/low the ¢.D.C. to realize its vision and fulfill its mission. Our ultimate, goal ii to serve the communities in our target area (by mission and grant funding designation), which is known as the "Heart of Boynton", but our programs are open to all of Boynton Beach. Please contact me at (561) 732-4042 if have any questions regarding this request. Thank you in advance for your consideration. May God continue to bless and keep you is my prayer. $ince_.re~v, ~ ~ Re)r.' Clarence $. ~lington, ./r. . Iiieeutive Director VI.-CODE - LEGAL O - SETTLEMENT CITY OF BOYNTON BEACI~ ITEM A. AGENDA ITEM REQUEST FOI~vl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21,2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noo~_>-~1'"<~ '''q [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Nom*! C'~"~l [] Admmistrative ~_~ Legal "~ NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation --..a [] Consent Agenda [] Public Hearmg [] Code compliance/Legal Settlements [] Unfimshed Business RECOMMENDATION: Motion to approve/ratify settlement in the amount of $80,000 in the matter of Coral Tech vs. City of Boynton Beach. EXPLANATION: Coral Tech sued the City for approximately $168,000.00. The balance owed on the contract is $21,724.30. $7,671.55 is owed for additional construction. The City Attorney's Office determined that the contractor was entitled to an additional $41,400.00 as additional damages. The case was settled at Mediation for $80,000.00. The estimated additional cost to try this case is $30,000.00 - $50,000.00. Settlement avoids the possibility of a jury verdict between $80,000.00 and $168,000.00. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~~'~A.~n~.~ Deparmaent Head's Signature City Manager's Signature city Attorney's Office _ ~..'~:4~,(! (.?.~ ?~:/u_/ Department Name .' City Atto .~?~ / Finance / Human Resources \XJGCDE_FS~LIBRARYM 988\880511 \coral tech.doc S:~13ULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC VIII.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEAC1 AGENDA ITEM REQUEST FOl vl Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be/umed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, '2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the November 5, 2003 City Commission Agenda under Public Hearing. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-213. EXPLANATION: PROJECT: L.A. Fitness (ABAN 03-010) AGENT: Derek Vander Ploeg, Vander Ploeg & Associates, Inc. OWNER: RM Boynton Shoppes Regal, LLC and RM Boyn~ton Shoppes, LLC LOCATION: 2290 and 2298 N. Congress Avenue DESCRIPTION: Request for abandonment of a public utility easement. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Developmefft ~e~'Di~e~tor City Manager's Signature Plamfing'and Zon~ ~'~rector City Attorney / Finance / Human Resources J:XSHRDATA~PLANNINGXSHARED\WPXPROJECTS~L.A. FitnessXABAN 03-010XAgenda Item Request L.A. Fitness ABAN 03-010 11-5-03.dot SSBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-213 TO: Chairman and Members Planning and Development Board THRU: Michael W. Rumpf ~,-~ Planning and Zoning Director FROM: Maxime Ducoste-Am~d~e l~'t~ Planner DATE: September 2, 2003 SUBJECT: L.A. Fitness CENTER (ABAN 03-010). Abandonment of a Utility Easement at the Shoppes of Boynton. NATURE OF REQUEST The agent for L.A. Fitness Center, Derek Vander Ploeg of Vander Ploeg and Associates, Inc., is requesting to abandon a Utility easement. This request to abandon the utility easement was submitted on .July 23, 2003. [t is described as follows: Two parcels of land lying in Sec. 17, Township. 45S, Range. 43E, described as follows; COMMENC]:NG at the W1/4 comer of said Sec. 17; thence N 89°08'39" E., along the east/west Qtr. Line of said Sec. 17 a distance of 60.06 feet: thence S 01°43'35"W along the east right-of-way line of Congress Avenue a distance of 355.15 feet; thence S'~°33'53" E a distance of 36.14 feet; thence N 89°08'39" E along the north right-of way line of Quantum Boulevard a distance of ].18.71 feet; thence N 00°51'21'' W a distance of 123.39 feet; thence N 30007'37" W a distance of 69.43 feet; thence N 00°51'21" W a distance of 89.46 feet: thence N 89o08'39'' E a distance of 95.00 feet; thence S 00°51'21'' E a distance of 48.34 feet; thence N 89°08'39" E a distance of 25.00 feet; thence S 00°51'21" E a distance of 15.00 feet; thence S 89°08'39" W a distance of 25.00 feet; thence S 00°51'21'' E a distance of 74.16 feet; thence N 89008'39'' E a distance of 245.55 feet to the POINT OF BEGTNN[NG; The last 10 calls being coincident with the edge of an existing utility easement as recorded in O.R.B. 7149, Page 1153, Palm Beach County Records; thence N 00°51'21'' W a distance of 18.30 feet; thence N 89°08'39" E a distance of 15.00 feet; thence S 00°51'21'' E a distance of 18.30 feet to Reference Point"A"; thence S 89°08'39" W a distance of 15.00 feet to said POINT OF BEGINNING; Together with COMMENCTNG at the aforementioned Reference Point "A"; thence N 89008'39'' E a distance of 3.30 feet to a POINT OF BEGINNING; thence N 01043'35'' E a distance of 73.67 feet; thence N 88°16'25' W a distance of 9.00 feet; thence N 01°43'35' E a distance of 9.00 feet; thence N 01°43'35' E a distance of 19.00 feet; thence S 88016'25'' E a distance of 24.00 feet; thence S 01°43'35" W a distance of 91.99 feet; thence S 89008'39'' W a distance of 15.00 feet to the POINT OF BEGINNING. Said lands situate, lying and being in Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the easement to be abandoned. The attached Exhibit 'B" shows the location of the proposed abandonment on the subject property and includes a detailed location of the easement to be abandoned and its legal description. Tl'i-e following is a description of the zoning districts and land uses of the properties that surround the subject request. Page 2 Memorandum No. PZ 03-213 ABAN 03-010 North - Right-of-way for Lake Worth Drainage District L-21 Canal, then farther north is develope¢l residential property (Dos Lagos) with a Low Density Residential (LDR) land use designation, zoned Planned Unit Development (PUD); South Right-of-way for Quantum Boulevard, then farther south is the remainder of the developed commercial project (Shoppes of Boynton) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); East - Developed Industrial property (Quantum Park Lot 3) with an Office/Industrial (OI) use option within the Quantum Park, Planned Industrial Distdct (PID). West - Developed commercial property (Pollo Tropical) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3), then farther west is right-of-way for Congress Avenue. BACKGROUND The Shoppes of Boynton is a commercial retail center composed of two parcels (North parcel and South parcel) located on the east side of Congress Avenue and bounded by Gateway Boulevard to the south and the L.W.D.D. L- 21 Canal to the north. Specifically, the subject property is located on the north parcel at the northeast comer. The parcel was previously developed with a theater (Regal Cinema). However, the applicant is proposing to raze the existing theater to build a 43,000 square foot fitness center on the 6.27-acre lot. An existing utility easement runs through the north parcel of the Shoppes of Boynton center. There currently exists a citywater main and fire hydrant located within this easement. The applicant has the intention of vacating the easement and relocating the fire hydrant as part of the concurrent site plan (see Exhibit "C"- LA Fitness Center Site Plan). ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the easement to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection Public Works/Utilities Approval with conditions (See Exhibit "D') Planning and Zoning - No objection PUBLIC UTILITY COMPANIES Flodda Power and Light - No objection Bell South - No objection Florida Public Utilities Company - No objection Cable Company (Adelphia) - No objection Cable Company (Comcast) - N/A RECOMMENDATION Staff recommends that this request to abandon the existing utility (water) easement as described above, be approved, subject to the comments included in Exhibit "D" - Conditions of Approval. Any conditions required by the Planning and Development Board and the Commission will be placed in Exhibit "D" - Conditions of Approval. xc: Central File s:~ Planmng~SHARED~WI=~H~OJECTSV_A Fitne~,BAN 03-01{:~stlff re~o~t.~{3c Location Map EXHIBIT"A" L.A. Fitness SI-,,OPS'(~F BOYNTON t"""', ~ /?~,SKETCH AND LEGAL ' ~ ~I'HIS IS NO~A SURVEY PARTIAL EASEMENT ABANDONMENI EXHIBIT"B" L £ C,E'N D R/Y/ RtOHT OF WaY P.B. PLAT BOOK PG PAG~ P.O.C POINT OF CQMME'NCE~E'NT P.O.B POINT OF' ~EG/NN/NG P.O, T. POINT OF TERMINUS s ,',~,~'`7~',, ~,.~ s 8~'o8'.~9"., - I N t'4J'J5'E 7J. 67 N 89'08'Jg"E N I'4J'J5"E \ N 89'08'39'F~ I 19.00 15.00 I ~.~S ~ o'~'2,'w/~ / ~5. oo P.O.B.~ EXISTING . . ,~ TO REMAIN N 89'08'J9"E S 89'08'Jg"w :1 S 0'51'21"E S 0'51'21"E ,, 48..74 '% 74, lf~ · ~ EXISTING U.E. ~ .~ TO REMAINed' N O'St'2t'W ~ ~ ,~4 12J. J9 -~ IX,.,_ N o',,'~,'., ~-~ 0 %0." ~ 0 S O"JJ'5J~ /N 89~8'39'E 60.~ (BEARING BASE.) ~ EAST R~ CONGRESS A ~NUE P.O.C. /~ST 1/4 COR. SEC 17-45-~ BRUCE CARTER & ASSOCIATES, INC. ~s~,s~r~o DA~ 7/16/03 &~ S.E. 6~ A~. (S~ ~~ HIGHWAY) DRA~ BY B.C. ' ~Y ~, ~IDA ~ SHOPS OF BOYNTON ~.~ SCALE N. rS. EASEMENT ABANDONMENT ~ PAG[ 1 0F 2 ' EXHIBIT "C" , ,,.l~.,,~d.h I.~ '"' ,. I,~ ~l~l ,I ~ ~.?,,. ~,~. ~..~, ! ~ ............... ~ ........... --"--"--" '- , , ' ~z~ .... ~- GATEWAY BLVD.~w. :~ :~, :; ,, ;~, ~, ,;. :i:~ ~..~_ ~~ . ...... '!1 lq.t,,,,, :I; ;ili'iil'iilttl;ll!'i .......... '"' .... ] · ~1 i ' ;l,., ,i l ~ ~' ~i I i!~!lllt!:ll iii ,ii ~: :,",: ,,t ! . ~' ',~'"" ' ' ' ' i~ ,~,~;::,,~.,.m,,.,:, :,,?, "~ ~' "~:t'~ !~I ~ ,. ~ ~ . ,,,.~ i i'~ "" ~. :~..,. :~ .~ ~, ~ ,,,,,d~,,,,,,:.,, '~ ~ ' ,, ,, .;" .." '"~,, -~ i ..... ,, ..... , I., ,' ~. ,,,,,.,,,, II ~ ~t T~ S~O~PES OF BORON -J~ ~ ]~J I~ 80~NB~ ~A ~ ~ /~ ~i~pl~ EXHIBIT "D" Conditions of Approval Project name: LA Fitness File number: ABAN 03-010 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. This division approves this application, subject to the proviso that this X action be concurrent with the relocated 12-foot utility easement to support the new required fire hydrant and be dedicated to the tit7. PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X PRIVATE UTILITIES Comments: 4. Adelphia: None. X 5. Florida Power & Light: None. X 6. Florida Public Utilities Company: None. X 7. Bellsouth: None. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Plannin'g\SHARED\WP~PROJECTS\LA Fitness~ABAN 03-010\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: L.A. Fitness Abandonment APPLICANT'S AGENT: Derek Vander Ploeg - Vander Ploeg & Associates, Inc. APPLICANT'S ADDRESS: 155 East Boca Raton Rd Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 7, 2003 and November 5, 2003 TYPE OF RELIEF SOUGHT: Request abandonment of a Utility easement at the Shoppes of Boynton. LOCATION OF PROPERTY: 902 North Federal Highway Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent With the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning~SHARED\WI~PROJECTS\L.A. Fitness ABAN\DO.doc IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM A AGENDA ITEM REQUEST FOl v Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Cit~ Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) )ctober 7, 2003 September 15. 2003 INoon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) September 2, 2003 August 18, 2003 (Noon) ~' November 5, 2003 October 20. 2003 (Noon) September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Discussion of Marina Development Agreement per developer's request for dissolution of the Second Revised Development Agreement. EXPLANATION: The developer of the Marina project has requested that the City Commission consider rescinding the Marina development agreement. The agreement is the "Third Revised Development Agreement" which provided a time extension to the "Second Revised Development Agreement," dated June 6, 2000. I am attaching the Second Revised Agreement as (Exhibit A) since it contains the substance of the agreement between the developer and the City. The request for release of the Agreement is contained in a letter fi.om legal counsel for the developer dated April 9, 2003. (Exhibit B) [n addition, the City has received a letter from legal counsel for Two George's Restaurant opposing the release of the Development Agreement at this time. (Exhibit C) The original development agreement, as amended called for 207 public parking spaces. Of these, 59 spaces were to be provided on Casa Loma, leaving 148 unrestricted parking spaces elsewhere on the Marina development property. Per the 1999 Amended Mediation Agreement, Two George's Restaurant was to provide off-site permanent parking for employees and to meet the parking requirement for the additional floor area of the restaurant provided in 2002. (Exhibit D.) Per the latest site plan approved by the CRA/City Commission, the following parking is provided on the site plan: Regular on grade surface parking: 15 Spaces Handicapped on grade surface: 4 Spaces Regular Parking Spaces in Deck 725 Spaces (includes parking for condos and commercial uses) Handicapped Parking in Deck 15 Spaces Townhouse Parking 22 Spaces (not approved yet) 781 Spaces In addition, there are 24 on grade surface parking spaces plus 2 on grade handicapped spaces on the south side of Marina Drive/Casa Loma. These are "public access" spaces. PROGRAM IMPACT: None direct. However, there is a perceived lack of public access to the site because unrestricted public parking is not part of the approved site plan, to date. S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC O CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Not known at this time but it should be noted that release o£ the Agreement will extinguish the City's security interest in the property which was created to secure the value of the incentives the City provided to the developers. ALTERNATIVES: 1. Dissolve the Development Agreement per the request ol:the Marina Developer. 2. Refer the issue of parking matters and property owner association matters to staff for ~urther mediation between the City, CRA, developer and business interests. The staff has conducted one meeting or' the participants on May 13t~. Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:kBULLETiN~ORMS~,AGENDA ITEM REQUEST FORM.DOC SECOND REVISED DEVELOPMENT AGREEMENT ~'~"~"~ ~' THIS AGREEMENT entered into as of the 6"~ day of June, 2000, between the CITY OF BOYNTON BEACH, FLORIDA (hereinafter "CITY") and OCEAN BREEZE FESTIVAL PARK, INC., a Virginia corporation, (hereinafter "DEVELOPER"). WHEREAS, DEVELOPER owns 6.93 acres of property, more particularly described by the legal description attached hereto as Exhibit "A", located in the City's Community Redevelopment Area and the Central Business District, which Developer desires to develop as a unified mixed use project (hereinafter "PROJECT"); and WHEREAS, the DEVELOPER has heretofore entered into a Development Agreement, dated .J~.dy 1, 1997; and WHEREAS, the July 1, 1997, Development Agreemer'..t was amended by a First Amendment to Development Agreement, dated October 5, 1998, and a Revised Development Agreement was entered into dated October 13, 1999 (the "Previous Agreement"); and WHEREAS, the First Amendment to Development Agreement provided for phasing of the project; and WHEREAS, the Developer has submitted a conditional use site plan application consolidating Phase One and Phase Two of the projec",; and. WHEREAS, one of the conditions of approval adopted by the City Commission on February 16, 1999, was the consolidation of Conditions of Approval for Phase One and Phase Two with the terms and conditions of the Development Agreement and the First Amendment to the Development Agreement; and This instrument prepared by: ~.a~.es %. Cherof,_City Attorney city of Boynton ~acn_ 100 East Boynton ~each Blvd. Version 10.0 Boynton Beach, FL 33435 6/6/00 WHEREAS, the Developer seeks reasonable assurance from the City and the City desires to provide reasonable assurance to the Developer that if Developer acts in accordance with this Revised Development Agreement that Developer shall receive necessary development permits and establish entitlement to incentives approved by the City; and WHEREAS, the CITY and the DEVELOPER have negotiated for a package of economic incentives in accordance with the provisions of CITY Ordinance 96-46 which authorizes economic incentives to eligible businesses located in the community redevelopment area for qualified projects; and NOW THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: 1. RECITALS. A. The foregoing recitals are true and correct and they are incorporated into this Agreement by this reference. B. DEVELOPER and CITY represent to each other that the foregoing recitals are material in nature and are relied upon by each other for the purposes of entering into this Agreement. C. Each party has fully investigated the facts which underlie the representations. Each party represents to the other that it will fully cooperate with the other to implement the terms and conditions of this Agreement. 2. COLLATERAL DOCUMENTS. A. The following exhibits are collateral documents to this Agreement and are hereby deemed part of this Agreement: 2 Version 10.0 6/6/00 Exhibit A- Legal Description, Project (unchanged, See Exhibit A to Previous Agreement). Exhibit B- Conditional Use Site Plan -dated 12.07.98 with revisions through Revision 6, dated 8/10/00. Exhibit C- Legal and Equitable Owners (unchanged, See Exhibit C to Previous Agreement). Exhibit D- Public Facilities (unchanged, See Exhibit D to Previous Agreement). Exhibit E- Reservations and Dedications (unchanged, See Exhibit E to Previous Agreement). Exhibit F - Intentionally left blank. Exhibit G- Intentionally left blank. Exhibit H- Conditions of Approval (unchanged, See Exhibit H to Previous Agreement). Exhibit I - Intentionally left blank. Exhibit J - Intentionally left blank. Exhibit K - Intentionally left blank. Exhibit L- Casa Loma Ovedook Construction and.' Use Detail (unchanged, See Exhibit L to Previous Agreement). B. In the event of any conflict between the terms and conditions of this Agreement and any of the collateral documents, the terms and conditions as set forth in this Agreement shall control and the collateral document will be conformed to this Agreement to eliminate such conflict. 3 Version 10.0 6/6/00 3. INTENT. A. It is the intent of the DEVELOPER and the CITY that this Revised Development Agreement sets forth all the terms and conditions under which the CITY has approved or agrees to approve the PROJECT as a single unified development and granting incentives sought by DEVELOPER and offered by the CITY. B. The parties agree that this Agreement is not a developer's agreement entered into pursuant to Section 163.3220-163.3243, Flodda Statutes. C. This Second Revised Development Agreement supercedes and replaces the Development Agreement, which was recorded in ORB 10899, pages 1772 - 1828 of the Publib Records of Palm Beach County, Florida, the First Amendment to the Development Agreement which was recorded in ORB 10899, pages 1829 - 1847 of the Public Records of Palm Beach County, Florida, and the Revised Development Agreement, which was recorded in ORB 11449, pages 152-209. 4. COVENANTS RUNNING WITH THE PROPERTY. It is the intent of the parties that the DEVELOPER'S obligations as set forth in this Agreement shall be deemed to be covenants running with the land. 5. LEGAL DESCRIPTION OF PROPERTY. The legal description of the property is as set forth on Exhibit "A". 6. LEGAL AND EQUITABLE OWNERS. DEVELOPER represents that legal title and/or equitable title of the property is currently vested in those individuals, companies, partnerships, limited partnerships, or other entities as set forth on Exhibit "C". 7. EFFECTIVE DATE. This Agreement shall take effect as of June 6, 2000. 8. DURATION. The duration of this Agreement shall run until the eadier of: 4 Version 10.0 6/6/00 (a) completion of all of the improvements depicted on the Site Plan; or (b) DEVELOPER giving written notice to the CITY of abandonment of the SITE PLAN. It is acknowledged that minor modifications of the SITE PLAN or expansions of the PROJECT, approved by the CITY, shall not be deemed an abandonment. 9. DEVELOPMENT USES. A. The following uses have been approved by the City Commission: 1. 29,302 square feet of two-story office/retail floor area. 2. Two public restaurants with a combined area of 12,830 square feet. 3. Fuel sales. 4 38 Marina slips, 2 of which shall be designated for the exclusive use of the City of Boynton Beach for Police/Marine Patrol purposes. 5. A multi-unit residential apartment building of 8 stories or less, not to exceed 100 feet in height and no more than 229 residential units. 6. A parking garage. 7. DEVELOPER shall provide a minimum of 505 parking spaces, 2074 of which must be open and unreserved for public use (Of these 207 spaces, 59 are on Casa Loma Boulevard and N.E. 6~ Street. The City is granting to the Developer the use of these 59 public spaces as credit toward his obligation of 207). Nothing herein shall prohibit the City from metering or providing time restrictions on those parking spaces located on City right-of-way, or from entering into an Agreement with At the August 3, 1999 City Commission meeting, pursuant to LDR. Chapter. 2 Zoning, D.4.d.(2) the City Commission reduced the required public parking spaces to 207. 5 Version 10.0 6/6/00 DEVELOPER to meter or restrict those public use spaces located on DEVELOPERS' property. B. It is agreed that the issuance of development orders for the site work and permits for construction of the buildings and structures depicted on the SITE PLAN are subject to certain conditions as set forth in this Agreement. DEVELOPER shall complete all Phase I construction improvements depicted on the SITE PLAN (meaning all "backbone infrastructure" as defined in Section 13D of this Agreement, the Marina Improvements, the retail shells, and restaurant #1 shell) on or before January 1, 2002. If DEVELOPER completes the Phase I improvements prior to January 1, 2002, the CITY'S lien (or other means of security) of $7'70,328.00 shall be reduced to $192,582.00, which shall be held until all improvements depicted on the site plan are completed, less and except certificates of occupancy for the interior of the buildings. Failure to complete the entire Project on or before January 1, 2003, shall result in forfeiture of the incentives granted by the City. If the Developer fails to reimburse the City for incentives within ninety (90) days of notice of default, the City may foreclose the lien or declare default and call the bond or letter of credit, referred to in paragraph 17 N. hereof. C. Prior to and as a condition of issuance of final release of the City's incentives lien (or other security), DEVELOPER shall file with the CITY a revised SITE PLAN, depicting all improvements to the PROPERTY, as built. D. Notwithstanding anything to the contrary contained in this Agreement and only when all code requirements are met: (i) Developer shall be issued Certificates of Occupancy for the docks and fuel pumps upon completion of those improvements provided that the utilities to 6 Version 10.0 6/6/00 service the docks and pumps has been completed and approved and fire/rescue vehicles have access to the dock/fuel pump area, (ii) Developer shall be issued Certificates of Occupancy in the residential structure on a floor by floor basis when those floors have passed all inspections and provided all backbone infrastructure, and the parking garage are complete, and (iii) Separate Certificates of Occupancy shall be issued upon completion of each individual restaurant and retail space, provided the restaurant or space has passed all inspections and all backbone infrastructure is complete. 10. PUBLIC FACILITIES. A description of the public facilities which will service the PROJECT are as set forth on Exhibit "D". Exhibit "D" is not intended to limit or exciude customary municipal services or facilities that the CITY currently provides to projects of this natu re. 11. RESERVATIONS AND DEDICATIONS. The DEVELOPER shall grant or convey to the CITY a portion of the property for public purposes. A schedule of reservations and dedications is attached hereto as Exhibit "E". The granting or conveyance of the reservations and dedications referenced herein shall not necessitate the replatting of the property. 12. CASA LOMA BOULEVARD. A. The CITY agrees to abandon Casa Loma Boulevard as a public dght of way, and the document reflecting the abandonment shall be held in escrow pending the payment to the DEVELOPER referenced in Paragraph 12E below. The DEVELOPER shall grant to the public the non-exclusive right of ingress and egress over that portion of Casa Loma 7 Version 10.0 6/6/00 Boulevard which it shall own subject to the right to have restaurant tables as shown on Exhibit L. B. The DEVELOPER shall complete those improvements to Casa Loma Boulevard as depicted on the SITE PLAN by May 7, 2001. In addition to the improvements shown on the Site Plan, DEVELOPER shall construct a sea wall along the eastern terminus of the Casa Loma Boulevard right-of-way. All improvements shall thereafter be maintained by DEVELOPER or by a merchants' or property owners' association formed by DEVELOPER for the purpose of insuring continued maintenance of the improvements, or by a Cross-Easement Agreement with the property owner to the South. DEVELOPER'S obligation to maintain the improvements shall survive the duration of this AGREEMENT. C. Failure to maintain the dumpster improvements depicted on the Site Plan shall result in revocation of the occupational license of any business dependent on the dumpsters for waste disposal. No occupational license shall be revoked without the City first providing the owner and occupant of the business with ninety (90) days written notice of deficiency and opportunity to cure. D. In exchange for the improvements to Casa Loma Boulevard, the DEVELOPER shall be entitled to a credit for all parking spaces constructed in the Casa Loma and Orange Avenue rights of way to parking spaces required for the PROJECT by the CITY'S Land Development Regulations. E. DEVELOPER shall improve the eastern most portion of Casa Loma Boulevard as depicted on the SITE PLAN and the Casa Loma Ovedook Construction and Use Detail. The Overlook is that portion of Casa Loma east of the cul-de-sac. Within thirty (30) days of DEVELOPER'S engineer certifying to the CITY the design and construction 8 Version 10.0 6/6/00 costs of the Casa Loma Overlook improvements, the CITY shall bill the property owner whose property abuts the southern one-half of Casa Loma Boulevard east of the cul de sac for an amount equal to fifty (50%) percent of the cost of construction of the above-ground improvements depicted on the Casa Loma Overlook Construction and Use Detail, including pavers, landscaping and lighting, plus such owner shall pay $9,129.00 towards the seawall, within thirty (30) days of receipt of a certified engineering estimate, and such amounts shall be paid to DEVELOPER by CITY upon completion of such improvements. This bill must be paid by such owner to DEVELOPER prior to the CITY attorney's release from escrow of the document abandoning Casa Loma Boulevard. The purpose of this procedure is to ensure that DEVELOPER receives reimbursement for expenditures made to improve the Casa Loma Overlook portion of the project, and both DEVELOPER and such property owner must instruct the CITY attorney to release such document. 13. LOCAL DEVELOPMENT PERMITS. A. Construction of the PROJECT is contingent upon the DEVELOPER applying for and obtaining all development and/or construction permits required by the CITY or any other regulatory agency. B. The CiTY agrees to process, without unnecessary delay, its permits and applications and cooperate in good faith with DEVELOPER'S efforts to get permits, licenses, and agreements from other regulatory agencies and utility companies. C. The failure of this Agreement to specifically address a particular permit, condition, term, or restriction shall not relieve the DEVELOPER of the necessity of complying with the law governing said permitting requirements, conditions, term or restriction, unless such necessity is negated by waiver by the CITY. 9 Version lO.O 6/6/00 D. A revised Site Plan was approved by the City Commission as part of conditional use approval consolidating both Phase One and Phase Two. The project is one unified development project. The structures depicted on the Site Plan may be constructed in phases, provided that all infrastructure improvements necessary for the entire project must be completed before the first Certificate of Occupancy is issued, regardless of bonding or other surety except for the docks and fuel pumps which are dealt with in paragraph 9.D.(I). For this purpose, infrastructure shall be limited to potable water, sanitary sewer, drainage, and a second paved access road which is the extension of Boynton Beach Boulevard, the failure to provide shall not hold up any permits or certificates of occupancy pursuant to Paragraph 17. G. 6. 14. COMPREHENSIVE PLAN. The parties agree that the proposed PROJECT is consistent with the CITY's Comprehensive Plan and that no Comprehensive Plan amendment is necessary to effectuate this Agreement. 15. CONTROLLING REGULATIONS. The site development work and construction of buildings and improvements of the PROJECT shall be in accordance with the CITY's Land Development Regulations and applicable building codes. Nothing herein shall be construed as a waiver by the CITY and in favor of the DEVELOPER with respect to any. of the conditions set forth in the building codes er relating to the method of construction. 16. CONDITIONS OF DEVELOPMENT. A. The conditions of approval set forth in Exhibit "H" are conditions to the issuance of site preparation and building permits for DEVELOPER'S PROJECT and are necessary for the public health, safety, and welfare of the citizens of the CITY. 10 Version 10.0 6/6/00 The parties acknowledge that a number of the conditions set forth on Exhibit "H" require additions, deletions or modifications to the SITE PLAN. B. Nothing herein shall mandate the passage of such ordinance nor require that any Commissioner be required to vote in favor of such ordinance if he or she determines that such ordinance is not in the best interest of the CITY. C. No waiver of a condition shall be effective until the condition is complied with, waived, or eliminated by Code amendment. Application for the waiver of a condition may be made by DEVELOPER or by the CITY's Administrative staff. The City administrative staff shall maintain a list of conditions, kept current, and notated such that it can be determined whether the condition has been complied with, waived, or eliminated by Code amendment. 17'. ECONOMIC INCENTIVES. A. The parties agree that DEVELOPER is an "eligible business" as that term is defined in CITY Ordinance 96-46. B. This Agreement, when signed by DEVELOPER shall constitute an application by the DEVELOPER for the granting of economic incentives in the manner prescribed by Ordinance 96-46. C. The CITY Manager has reviewed the application and has determined that the economic development incentives hereinafter set forth are necessary and appropriate. D. The CITY will appropriate or designate sufficient funds for the CITY to pay the cost of such incentives. E. Approval of this Agreement shall constitute approval by the CITY Commission of the DEVELOPER'S application for economic incentives. 11 Version 10.0 6/6/0O F. The incentives listed below shall be deemed vested with the DEVELOPER, subject only to forfeiture in the event of a default by the DEVELOPER as set forth in this Agreement. G. The following listed incentives are granted by the City. All work preceded by the symbol (') is work that shall be performed by or under the direction of the City. All additional work not so noted, shall be performed by or under the direction of the Developer. The parties shall coordinate all work listed herein. The parties shall hold a scheduling conference within 90 days of the date of this agreement and thereafter as necessary to facilitate the work. 1. SEWER AND WATER IMPACT FEES AND CONNECTION EXPENSES MAXIMUM VALUE Retail Commercial $13,812 Restaurant $53,781 Marine $27,438 Meters, Deposits and Connection Fees $7,175 Sub-total $102,206 2. OFF-SITE WATER AND SEWER '8 inch water main in Casa Loma $16,148 *Wet taps for connection to existing $6,900 'Water service to property line $8,625 '8 inch gravity sewer in Casa Loma Blvd. $43,125 'Service connections to property line $34,500 'Manholes $11,500 12 Version 10.0 6/6/0O Sub-total $120,798 3. ON-SITE WATER AND SEWER 10-inch water main $13,800 Fire Hydrants $10,350 8-inch water main $3,519 8-inch water main $13,350 *24-inch gravity sewer $139,150 *Manholes $23,000 *Abandon existing sewer in place $5,000 Sub-total $208,169 4. BUILDING FEES $240,000 The CITY shall fund on behalf of DEVELOPER the payment of building permit fees, including impact fees, to the City, the County, and the State, up to a maximum of $240,000.00, for the construction of improvements depicted on the SITE PLAN and within the boundaries of he legal description set forth on Exhibit "A" to this Agreement. 5. INTERIM SERVICE FEE.' $19,655 The CITY shall fund the payment of CITY interim service fees up to a maximum of $19,655.00 otherwise applicable to the PROJECT. 'At the time of this Agreement, the City has temporarily suspended collection of Intefirn Service Fees. 6. BOYNTON BEACH BOULEVARD EXTENSIONS. $75,000 13 Version 10.0 6/6/00 It is the intent of the parties to work jointly to extend Boynton Beach Boulevard eastward from its current point of terminus to the point that it intersects the western most boundary of DEVELOPER'S property. The project to extend Boynton Beach Boulevard has three components: A. Acquisition of the necessary right-of-way, B. Approval of the extension by the Florida Department of Transportation; and C. Construction of the extension. The CITY'S obligations are as follows: 1. To obtain the approval of the Florida Department of Transportation for the extension, 2. To acquire the right-of-way for the Boynton Beach Extension to the west end of DEVELOPERS property. The City shall have eighteen (18) months from the date of the Agreement to obtain title. The CITY shall use, if necessary, its power of eminent domain. The CITY'S monetary obligation to acquire the right-of-way shall not exceed $7'5,000.00. The DEVELOPER'S obligations are as follows: . 1. To convey to the CITY its interest in property within the right-of-way, 2. To contribute up to $10,000 to the cost of acquisition of the right-of-way; 14 Version 10.0 6/6/00 3. To construct, at its cost, the right-of-way as shown on the approved site plan. In the event the monetary obligations set forth above are insufficient to fund the acquisition of the right-of-way, the CITY and the DEVELOPER shall have the option, but not the obligation, to fund any shortfall. In the event the CITY or the DEVELOPER does not fund a shortfall, or if the right-of-way cannot otherwise be obtained, such refusal or failure shall not impede the issuance of any permits, CO's or other governmental approvals required by the CITY for the project, and the condition of approval requiring access to the Project from the Boynton Beach Boulevard Extension or a second access shall be deemed withdrawn. 7. ADMINISTRATIVE FEES. $4,500 The CITY shall fund payment of application fees for administrative review for the PROJECT up to a maximum of $4,500.00. TOTAL: 770,328 H. Incentives in the form of fees and connection expenses shall be paid by the CITY directly to the permitting authority, when due. I. Incentives in the form of reimbursement to the DEVELOPER shall be paid to DEVELOPER when DEVELOPER submits a draw request to CITY Manager indicating that the DEVELOPER has expended fund to complete the improvement which is the subject of the incentive. J. The dollar amount indicated for each incentive constructed by the CITY or directly funded by the CITY is "the not to exceed values" fixed by the CITY as the 15 Version t0.0 6/6/00 maximum expenditure approved by the CITY. These incentives shall be paid or credited at actual cost. Incentives in the nature of reimbursement to the DEVELOPER for work performed by the DEVELOPER, as notated above are true values and shall be paid by the CITY without the value being certified or audited. K. The CITY represents and warrants that no further approvals or consents are required and that subject to the conditions of this Agreement the obligation of the CITY to provide the economic incentives is valid and may be relied upon by DEVELOPER. L. The economic incentives hereby approved by the CITY are conditioned upon construction of the PROJECT in accordance with the SiTE PLAN, to the extent set forth in this Agreement. M. Nothing herein shall be construed to constitute a waiver of any impact fee, in whole or in part, for purposes of municipal accounting, but to the extent that impact fees constitute incentives under this Agreement, they shall be paid by the CiTY on behalf of the DEVELOPER, and not by DEVELOPER. N. DEVELOPER grants to CITY a lien on the property described on Exhibit "A" in an amount equal to the value of all incentives granted by the CITY. Said lien shall not be subordinated to any other encumbrance and shall not be released by the CITY until the entire PROJECT has been issued certificates of occupancy. The DEVELOPER may bond off the City's lien by substituting performance bond, letter of credit, or other means of surety, the form and substance subject to approval by the City Attorney and in the amount of $770,328.00. The CITY'S lien, and its right to foreclose same, shall survive beyond the duration of this Agreement. 16 Version 10.0 6/6/00 18. RECORDING. Upon execution of this revised Development Agreement the CITY will record same in the Public Records of Palm Beach County, Florida. As requested by the DEVELOPER, CITY shall provide recordable estoppel certificates as to the status of this Agreement, DEVELOPER'S rights under this Agreement, and DEVELOPER'S rights to proceed with the PROJECT. 19. DUE DILIGENCE. A. The parties hereto agree and covenant that they shall immediately, following the effective date of this Agreement, commence all reasonable actions necessary to fulfill their obligations hereunder and shall diligently pursue the same throughout the existence of this Agreement. B. In the event either party is deemed by the other not to be proceeding with- due diligence, the party alleging such lack of due diligence shall give written notice and the alleged guilty party shall promptly take reasonable corrective action. C. Any time deadlines imposed upon DEVELOPER in this Agreement (including Paragraph 18) shall be subject to reasonable extensions for unexpected reasons or reasons beyond DEVELOPER'S reasonable control such as labor shortages, material shortages, casualty damage, moratorium, unexpected government delay, act of war, civil .disobedience, lack of CITY services or facilities, concurrency'and the like. 20. RESTRICTIVE COVENANTS. The burdens of the development shall be binding upon, and the benefits of said Agreement shall inure to, all successors in interests of the parties to this Agreement, including heirs and assigns. 21. ENTIRE AGREEMENT. This Agreement, together with the collateral documents referenced in paragraph 2.A. hereto, sets forth all of the promises, covenants, 17 Version lO.O 6/6/00 agreements, conditions and understandings between the parties hereto, and supersedes all prior and contemporaneous agreements, understandings, inducements or conditions, express or implied, oral or written, except as herein contained. 22. SEVERABILITY AND REMEDIES. A. The invalidity of any provision hereof shall in no way affect or invalidate the remainder of this Agreement except that if any provision which is invalid prevents the CITY from approving the PROJECT, issuing permits or Certificate of Occupancy or prevents DEVELOPER from receiving all economic incentives, DEVELOPER may elect to rescind this Agreement. B. In the event this Agreement is terminated by reason of the material failure of the DEVELOPER to timely perform the terms and conditions set forth herein, the CITY'shall have the right to refuse to issue building permits or other development approvals for the property. C. Notwithstanding the foregoing each party shall be entitled to pursue all other remedies provided by law, now or hereinafter existing. 23. NOTICES. Upon further written notice by either party to the other, all notices provided for herein shall be in writing and transmitted by messenger, certified mail, or return receipt requested, or telegram, and shall be mailed or delivered as follows: AS TO THE CITY: City Manager City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33025 With a Copy to: James A. Cherof, City Attorney Josias, Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Suite 200 18 Version l 0.0 6/6/0O Fort Lauderdale, FL 33308 AS TO DEVELOPER: Ocean Breeze Festival Park, Inc. 1120 Laskin Road Virginia Beach, VA 23451 With a Copy to: David M. Layman, Esquire Greenberg Traurig 777 South Flagler Drive Suite 300 East West Palm Beach, FL 33401 24. GOVERNING LAW AND VENUE. This Agreement shall be construed in accordance with the laws of the State of Florida, and any proceeding arising between the parties in any manner pertaining to this Agreement shall, to the extent permitted by law, be held in Palm Beach County, Florida. 25. BINDING EFFECT. The obligations imposed pursuant to this Agreement upon the DEVELOPER and/or upon the property shall run with and bind the property as covenants running with the property and this Agreement shall be binding upon and enforceable by and against the parties hereto, their personal representatives, heirs, successors, grantees, assigns, and a copy of this Agreement shall be recorded among the Public Records of Palm Beach County, Florida, upon execution of this Agreement. 26. ATTORNEYS' FEES. Should either party hereto bring an action against the other to enforce the terms and provisions hereof, then the Party prevailing in said action shall be entitled to a judgment against the other for his reasonable attorneys' fees and costs. 27. LAWS OF FLORIDA. This Agreement shall be governed by the laws of the State of Florida and it shall become effective immediately upon execution by both parties 19 Version 10.0 6/6/00 hereto, subject to any approvals which must be obtained from governmental authority, if applicable, and subject to all conditions for the rendering of service as set forth in this Agreement (including the obtaining of necessary easements). 28. ASSIGNMENT. Without consent of the CITY, DEVELOPER may assign this Agreement and/or rights hereunder, including the incentives granted by the CITY. 29. PROJECT EXPANSION. Nothing herein shall prevent DEVELOPER from seeking a modification of the SITE PLAN, subject to CITY approval. 30. SITE PLAN PACKAGE. See Conditions of Approval. 31. A. Developer intends to obtain mortgage financing for the PROJECT from one or more lenders (collectively, the "Lender"). Developer shall provide wdtten notice to the City of the name, mailing address, and designated representative of each lender. B. CITY agrees: 1. that the Developer's dghts under the Agreement may be assigned to the Lender without City's consent, but with notice to the City; 2. that should Lender or other third party acquire title to the Project or portion thereof as a result of foreclosure sale or deed in lieu thereof (the "Successor Owner"), such Successor Owner.shall succeed to the rights of Developer under this Agreement; 3. that City agrees to give to any Lender which has notified City in writing as to its interest in the Project, written notice of any default by Developer under this Agreement with Lender having the right to cure such default within a curative period reasonable under the circumstances then existing; and (iv) 2O Version 10.0 6/6/00 that this Agreement cannot be terminated, abandoned, modified or amended without notice to Lender's. C. Nothing herein shall limit the City's power to terminate this Agreement if there has been a default by Developer and if the lender has been given notice of said default and has failed to cure the default within the curative period referenced above. 21 Version 10.0 6/6/00 City/Clerk '--: . .?.o~ice Mayor Ronald Weiland STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, ~.ersonally a. ppeared Ronald We±land, th'LC(Mayor of the City of Boynton Beach and ~./~AZ.44/)~ ~"~ , the City Clerk known to me to be the persons described iff andCwho executed the foregoing instrument, who acknowledged before me that they executed the same, ~(~ .are personally known to me (or produced the following type identification:) and an oath was not taken. Witness my hand and official seal in the County and State last aforesaid thiso,O/~ day of ~l,~lo_~,T- ,2000. NOTARY PUBLIC My Commission Expires: By:' ( 22 Version 10.0 6~6~0O Witnesses: OCEAN BREEZE FESTIVAL PARK, INC. STATE OF ~A ) V~,. e~,C.A ) COUNTY OF PALM ~EAC;I ) I HEREBY. CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared F--_p~,~O ~.~,~ known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that he executed the same, is personally known to me (or produced the following type identification:) and an oath was not taken. Witness my hand and official seal in the County and State last aforesaid this day of -~'~,~. ,2000. ~~,~& ~ NOTAR~PUBLIC ' :~! ... .-:_ · ~_;. ,, ...... ,. My Commission Expires: 23 Vcrsio~ 10.0 6/6/00 LE6AL DESC~ON: PARCEL 1: Lots 37 and 38 and Dewey's Subdivision, Plat Book ~., page 37 of the Public Records of Palm Beach County, Rodcla, Less the right-of-way of Casa Loma Bouleva~ and Less the right-of-way of Orange Grove Boulevard. Together with the reversionary interest, if any, of mortgagor in the rights-of-way of Casa Loma Boulevard and Orange Grove Boulevard. PARCEL 2: The East half of Lot 39 and the East half of Lot 42 in Dewey's Subdivision, Plat Book 1, page 37 of the Public Records of Palm Beach County, Rodda (Less the South 30 feet of said Lot 42 as shown in Deed Book 341, page [88) Together with the reversionary interest, if any, of mortgagor in the right-of- way of Ocean Avenue. PARCEL 3: That plat of Section 27, Township 45 South, Range 43 East, Palm Beach County, Rorida described as follows:. commence at the Southeast comer of Lot 37, Oewey's SubdMsion, according to the plat thereof recorded in Plat Book ~. at page 37 of the Public Records of Palm Beach county, Rodda; thence N 7' 14' 10' F_, along :the East line of said Lot 37 and along the West right-of-way line of the Tntracoas~ Wet°tomy, 25.20 feet to. .. a Ilne 25.0 feet North of and parallel with the South line of said Lot 37 and the Point of Beginning; hence East, along said parallel Ilne, 33.85 feet; thence N. 5 47' 36" F_, [42.02 feet;, thence N. 82° S. 45' 50' W., 30.0 .feet to the said East line of Lot 37; thence S. 7° :t4' :tO' W., along said East Ilne, ~.46.24 feet to the said Point of Beginning. Areas: Parcels 1 & 2 & 3 = 301,887 SCl., ft., 6.93 acres. Location: Northwest comer of Orange Avenue and Ocean Avenue ~ ~ ' ~ J' '~:~ ~1~ ~:.~',~'~+.~ ,~,o~ hY,-L F~L SET OF . ~[~ P.i;'q FILE WITH , ,, ~,~., ~.,h i"m~m, ~ ~ ~ ...... ~ ~:: ~n CITY CLE~ ~ i~:~= H ~ ~,,. r:.~ "'~ '" ; ' iii ' "'~' :-; ~ ~ ~.. l.= __ .,~ .~ __ I ~ i ...... ' h~ = ..............~ , ~ ,~, ~ ~ ~:.~..,~,~ ~;, _ ._ ,: · '~ . ..-,~ ,* ~, ,, ~ 7-"' ' r - - ~' 'I ,,' ,., . l.:~:~ .' ...... t.," ' ..... - ....... · ....... ~'~ .... ~ it ~ .__ ~ -- ~. . ; .... ~, ~ , ~ " L-~4-?. ....... :: ....... ~ -2 '~ ' '~'"' ~"' ' i~ "' ~ ~ ~':" " -- '~ ~'~ `~ '"~: '"'' ::~t~,'- --. ~ .... ,,~-- ' ~ ' ~ ,i ,,., .~,., ;, .., ,~, ........................ .............. ~ ~, ......... ~-='~t--_= ....... , j~ ~[~t ~ ............................ ~ , ;~i:~ LEGAL AND EQ.U~ABLE OWNERS OCEAN BRk-k"Tr= FEErl'VAL PARK, INC., c/o The F. SG O3mpanies 1120 Lasldn Road Virginia Beach, VA 23451-5210 EXHIBIT"C" PUB! TC FAC21.tTZES ~.. The City will design and cons~cl: off-site water and sewer fdcllitles sized to accommodate ~he proJec:md build-out capacity of b~e pmJec~ 2. The City will Install 13'dfflc and parking cc)rtt3'ol signs along Casa. Loma right-of-way. SCHEDULE= OF RESERVATJ:ON$ AND DEDICAT]:ON$ 1. Easement from Ocean Breeze Festival Park, [nc, to the Qb/of Boynton Beach, dated June 3.4, 1999, Addendum to Easement and Exhibit "A" (dated 3/[/99, Order #80-275 ~F~; 2. Easement from Ocean Breeze-~i Park, ]:nc, to the (::3b/of Boynton Beach, dated .3une 14, 1999, Addendum to Easement and Exhlbit "A' (dated 5/[9/99, Order #80-275 "G"~; 3. Easement from Ocean Breeze Festiva Park, [nc, to the (:3b/of Boynton Beach, dated .~une 14, 19gg, 'Addendum..m Easem~ and Exhlblt"A' (damcl 3/1/99, Order # 80-275 4. Easement from Ocean Breeze ~1 Park, [nc., to the (::3b/of Boynmn Beach, dated November 4, 1999, Addendum to F~eement and Exhlbit"Am (dared 11/3/99, Order #80-275 ']:') *Reservations and Dedications to be recorded separamty. I. EFT INTENI'IO~Y BLANK Conditions of Aooroval oject name: Soynton Mar/ne .,e number:. COUS 98-008 ~eference: The elan-, c~nsist of 5 sheets identified as 4th Review. New Site Plan. File # COU,~ 98-008 with a February.2. 1999 Plannino and Zoninu Deoartment date _.tamo mar~tna. DEPARTMENTS INCLUDE PUBUC WORKS Comments: 1. The dumpster (or vertical compactor) enclosures should be a minimum 10 feet by 10 feet internal dimension& The gates for the containers should be mounted on the outside of the enclosure=, The enclosures should be widened if the gatee am to be mounted x -on the inside. Steel dowel~ should be installed to hold the gates open. The tn~c~ must be provided with a turning redlus of 55 feet minimum. 2. Waste removal In connection with construction pmos~= must be x serviced by City of Boynton Beach. Place note on dumpstar detail to indicate same. U'nUT1ES Comments: 3. Ail utilltlee easements shall be shown on the rectified landscaping drawings so that we may determine whic~ tmee may intarfm~ with allowed within utility easemer~. Canopy tmea may be planted outside of the easement so th~ mots and bmnchea will rmt impact those utl~ee wrd~ ltm easement in tim fm~see~hle futura. I. DR X Sec. 7,5-1&1 ~ public ulJlitlea the autha~ to rmn~ve any Or I:Xd311g rightl-of-wlly. Them aee_~_r tO be same very dafinff~ cenfflct~ between earmev trc,~m and utilEi.,~ in thi~ submittal, as there were in the December 1998 submittal_ 4. Department of Health ~ will be ~ for the watm' and sewer system exmrmorm serving thl= project. (Sec. 2~.12). Show all existing and proposed water and senitmy sewer improvements x on the site plan or drainage plan at thi~ time including pipe size. and ocat . (sec. 5. Fire flow calculations will be required demonstrating the City Code requirement of 1500 g.p.m, as stata¢l in LDR Ci~3. 6, Art., $e¢. X 16, or the requirement Imposed by insurance underwdmm, whichever is greater. (See Sec. 26-16(a)). Fire flow tests results Page 2 Boynmn Beach Max;ma File No.: COU$ 98-008 t DEPARTMENTS INCLUDE REJECT for me main on Ocean Avenue have loeen provided, 10ut tim flow calculations to f~e on-site hydrants have noL Please submit these calculations with your Health Deparl~nent permit application and plans. · 6. Provide proposed elevations, flow arrows, treatment fadlttles and an engineer's written certtflcation that drainage will conform to all rules of the City and the 8outh Florida Water Management Dlsttict. x (LDR Cha0. 4, Sec: 71=) -' 7. Water and sewer lines to be owned and operated by the City shall be included within utility easements. Please show all existing or proposed easement~ on the site plan and drainage plan. The · .water and sanita~/sewer ilnes to be situated along ttm west stde of the projec~ will require a dear, unencumbered e~ament of 37 feet (12' for water, 2~' for sanitary). All easements shall be X dedicated via separate instrument to the City a~ stated in ,Sec. 28- 3:~(a) of the Code. These easemerra must be.dedicated within 30 days in order to allow the City to commence relocation of ttm 24" diameter gravity sewer. Provide resolution ve~/ing abandonment of the existing utlllty easements no longer needed. 8. The drainage plan Included in tl~ submtttal is dated DeCember 7, 1998, and is similar if not identical to the one submitted in December. it ha~ the same dmwbactm a~ ixevimmly mention~ namely them is' inaufltcient space fa' the water, sewer and drainage lines shown along the west side of the site. it also shows x restaurant ~ in a different location from ttmt shown on the site plan. Please re.submit a ___eotmtstmff set of ~ 9. Appropriate becldlow .p~venta~ will be requbed on ttm domestic water service~ to tbe butiding~ and tt~ fim'~ Iine~, in x 10. Building pennit= for tt~ p~jec~ shall not be issued until thi~ office required to serve each of tl~me building~ .(~e,. 28-1~1. In addmon, me developer shaa post surety fei' aa omar improvement~ for which he 1~ reslxmsible, and which will not be x completed before the fl~t cerltflcata of ~. (LDR Ctmp. 6, under the direction of the City a~ stipulated .in Exhibit "I" of tt~ 11. Nora ttm the adclltton of 229 al~'tment unlt~ greatly inmnailles the x use of the site above what m ~ginaay ~ Thl~ ctmnge '~-- will r~!t in an additional e~Bit81 faeil~ ~ of at~f~zim'at~. Page 3 Boymon Beach Marina File No.: COUS 98.-008 ~ for water ancl sewer, if approved. The develo~3er i~ ' therefore responsible for ~avment of this additional fee. 12. The 15-foot utility and roadway easement west of the platted N.E. 6~' Street right-of-way, referenced in paragraph 9 of the 'First x Amendment to Development Agreement' must now be dedicated to the City to allow maintenance of City utilities. 13. All infrastructure improvements necessary, for this entire site must be completed before the first certificate of occupancy is issued, other than for docks and fuel pumps constructed simultaneously with related support infraslzuctum including access roads, water and sanitary sewer, regardless of bonding or other surety. For thts x "purpose, 'Infrastructure' shall be defined as potable water, sanitary sewer, drainage, and a second paved access road for service and emerc~lancy 13umoses. FIRE Comments: 14. Emergency access along north side of apartment building t~ the north dock is not shown. A tim lane is required. BBCC 9-21. This comment shall be read in conjunction with Paragraph 17 G.8 of x the Revised Develol3ment Acjmement. 15. Standpipe/sprinkler system fire deparl~ent connectlon is not x shown for the apartment building. BBCC 9-6 16. Dock standl~tl~es no farther al3art than 200 feet. BBCC 9-8' x POLICE Comments: None ENGINEERING DM$1ON Comments: 17. All plans submitted for specific perm~ shall meet the city's cxxie J'equimments at time of applicati~,t. These permits include, but are not llmtted to the following: site lighting, paving, dmirmge, x curbing, landscaping and Irrigation. Permits required from other *permitting agencies, such as FOOT, PBC, SFWMD, DERM, LWDD, DEP and any others, shall be included with your permit reauest. Page 4 Boynton Beach Marina File No.: COUS 98-008 DEPARTMENTS INCLUDE REJECT 18. Pay a fee in lieu of dedication as set forlt~ in Chapter 1, Section 5 x of the LDRs 19. Upon submittal of construction drawings for Casa Loma Blvd. and NE 6~ Street, the applicant shall provide a recent detailed topographic, data, prepared by a land sun~ or registered in the State of Flodda, showing existing conditions of the area to the south of Casa Loma Blvd. and the ama east of NE 6~ Street. x Design drawings far these areas shall show in detail.how public access, including handicap access, is to be provided to the facilities of the adjacent pmperltes, including pmpceed retaining walls, ramps, stairs, etc, 20. The City 'and the applicant shall jointly perfldpate in extending Boynton Beach Blvd. east from its currant point of tem~inus as outlined in Revised Development Agmemant and indicated on the approved plan. II.DR Chapter 4, Section ILC., Chapter 6, Arltcte III, Section 12., Chapter 6, Article IV, Sectli~ 10., Chapter 6, x Article IV, Section 10.D., Chapter 6, Arttde IV, Section 10.B., Chapter 2, Section 11.2.D.] This comment shall be read in conjunction with Paragraph 17.G.8 of' the P, evised Development Ac, lreement. 21 ' Locate several handicap stalls on the north side of Casa I.oma Blvd. for accessible mutes to retail and office space and apartment/retail to provide the shortest acc~esible route per the x Florida Accessibilit~ Code. 22. The applicant shall agree 1~ inoorlx~'a~ in the dock leasing agreements a stipulation disallowing boat tananls from using the public parking spaces along Casa Loma Blvd.,NE 6a. ~ the private medway west of the msidantlal building and the ttmt floor of the parking garage for their parking purposes. The do~ leasing agreements must also stipulate that live aboards am not allowed x in accordance with the OEP permit. Provide the City with Col~ias of the proposed leasin~ a~em~ for review and approval 23. The applicant shall agree to Incorporate in the leasing agreements for all retail .uses a stipulation disallowing retail eml~Yess from using the public parking spaces along Casa Lorna Blvd., NE 6~ Street, the private roadway west of the ~ buading and the · x first floor of the parking garage for their parking purposes. Provide the City with copies of the p~ leasing ~ for review and al~provaL 24. The reauirements of the Florida Accessibility Code shall be met for X Page 5 Boynton Beach Manna File No.: COUS 98..008 DEPARTMENT~ INCLUDE REJECT any oroDosec[ valet oarkin. 25. Show proposed turning movements on the Site Plan for access of x City trash trucks to and from all comoact__~.,'s and dumosters. 26. Unless superceded by the Revised Development Agreement, provide the City with the appropriate documents to designate public access and recreational use easements for 'the proposed public park at the intracoastar waterway, the pedestrian pathways x between and on the north side of the proposed mteii buildings and for the courtyard ama located east of the proposed residential buildinc~, inctudinc~ a walkway to the north property line of the 27... Show proposed public facilities on the site plan and constmctlon and use detail of proposed designs for the proposed Casa Loam overtook, Casa I. oma Boulevard. and the public courtyard for review. Plans shall include proposed public amenitles such as x benches/seating, trash receptacles, bike ra .c!cs.,' drinidng fountains, lighting, landscal3inc~, etc. · 28. It appears that the proposed site storm drainage system will need to be revised to include the courtyard area east of the proposed residential building and that this revision will require approval of the OEP. The applicant shall give strong consideration to the possibility of ralocedng the storm drainage outfall to the basin - located within the property, rather than the basin at the south of the site, as part of revising the storm drainage permiL This will x increase wate~ quality wffilin the basin and would most likely be supported by DEP. If ~ revision is made it will diractiy affai= the installation of the seawall panels, regarding pipe penetration tlimugh the seawall panels. Provide tempormy parking on site to replace the Sl3aCes tempomrtly lost in Casa I.Oma Boulevard, sized equivalent to what is cun'antly serving existing uses along Casa I.oma Boulevard and to be expandable to provide required parking for those portions of the project completed prior to completion of project parking ames (no landscape plan required only to include perking st:mm markings, lighting and drainage acceptable to the ctt7 en~lnesr). 29. Regarding proposed consiruclton of Casa l.oma Blvd., NE ii"' Street and the prfvate roadway the applicant should be aware that medways cxmstru~ in muck or peat shall be. constructed in x conformance with Chapter 6, Article iV, Section IO.E. of the City's Land Development 30. Casa Lama Boulevard shall be maintained as outlined in the x Revised Development Ac~mement. Unle--_-_~ suD_.~'ceded W the Page 6 Boyr~mn Beach Manna tile No.: COUS 98-008 DEPARTMENT~ INCLUDE REJECT Revised Development Agreement, the applicant shall provide the City with a Maintenance Agreement for Casa i. oma Blvd. in a form acceptable to the City. The Maintenance Agreement will be reviewed by the City Engineer, Public Works and Utilities prior to finalization. 31. Show the six fish cleaning and garbage stations required by the x DEl= 13ermit on the Site Plan. .. BUILDING DIVISION Comments: 32. .'At time of permit review, submit a recorded unity of title that x combines all lots and parcels a~ one lot. 33. Add to tho sheet titled Restaurant #1 Floor Plan the following building specifications: Gross floor ama each floor, total gross floor area entire building, floor ama of the exterior covered ama, seats per f~:~or (indoor and outdoor), total, seats entire facility, x overall building height, ~ish floor elevation 1a floor, type of 34. At time of permit review, amend all plan view drawings to show that the accessible mutes that am. required between the accessible parking sl3aces and all uses an~ amenities pml3OSed for the proiect are in compliance with the regulations specified in x the Rorida Accessibility Code for Building Construction and the Federal Fair Ho_L~ 35. At time of permit review, provide detail drawings that Illustrate how vertical changee in elevation along, all accessible routes will be changes in elevation shall be depicted In compliance with 36. Provide a minimum of four accessible pafldng s1~acee to the north side of Casa I.oma Boulevan:L These spaces should be x distributed to serve the buildings ti~ed Retail '~' & Office and Res~_urant ~ 37. Place a note on the site plan indicating that the path of fl'avet to end from the buildings and other facllitl~ on the site am. in x compliance with the Florida Accassibii~ Code for Building Constm_~_on and the Federal Fair H_mj~_tnc~ ,a~ _ 38. Amend the f=hU!=_r paddnc~ data and the ~!m,'m to refle~__ and show x Page 7 goynton Beach Marina File No.: COUS 98-008 OEPARTMEN'I~ '" the c~rrect numl3er of on-site accessible parldng spaces. The 355 I INCLUDE I REJECT car-parking garage requires eight (8) accessible parking spaces of which one (1) shall be shown and labeled as van accessible. The data shall also indicate that the on-site spaces will require four (4) accessible spaces be shown and provided at the site. Therefore, a total of twelve (12) accessible spaces are required to be shown on the site plan and identified in the tabular data to cormc~ represent the required number of accessible spaces for the parking that is depicted on tho site plan. (17) are provided. Tho total number of accessible parking spaces identified on tho chart and shown on tho plans shall not bo. less than tho number of spaces required by the Flodda Accessibility Code for Building Construction. 39. For the purpose of accessing fees associated with issuing permil= for the apartmem portion of the 8-story building, acid to drawings submitted for permit review data that groups and identifies the quantity of each apartment by gross floor ama and x number of bedrooms. Also, independently identify and provide the support the aparlmant use, such as the lobbies, trash ama, corridors, clubhouse, elevators and 40. Amend the elevation view drawings to be consistent with the floor plan drawings with respect to location and size of extedor wall x openinc~s, columns, mofllne and other b,_,f~cj festum;-~ 41. Submit a complete deschption that defines the construction- sequence/management plan pmpoead ~ the improvements requested with Itm subject.-application. The construction- sequence/management ~ shall be reviewed by and approved by staff before the next permff will be Issued for the project. The doct~nsnt shall Include, but not be limited to, defining how the adjacent property ownsm-will be able to safely remain x open for busine~, during conslnj~ of ~ righte.of.w~ that lead to their ~ The phasing plan shall also describe and show how vehicta and Padeslxtan access will be maintained to the licenses uses. The vehicle and pedestrian acces~ shall be shown from the adjacent improved ricjhts.~ ..-w~ to ~e 42. At time of permit review, Identify on .the site plan the se~ack dimensions from the west, east and south property lines to the leading edge of the building titled F~estaumnt ~Yl. The City has approved a 0' setback for Restaurant ft2. At time of permit review,x Identify on the site plan the sstt3ack dimansk3ns from the south property line to the leacling edge of the iL-story building. The leaclinc~ edc~e of the building be~ins at the -' .... poh,-~ of Page 8 BoTn~3n Bea:h Ma,--iz~ File No,: COUS 98-008 DEPARTMEN'i~ " INCLUDE ] R~ECT ovemang or ~no~ to the pmpe~ line, ~e tim rating aha wall openings Io~t~ on ~e ~eflor ~lls ~ afl buildings shal ~mp~ wi~ ~e ~ula~ons sp~ in Table 600 ~ ~e S~dam Buiidin~ Code, ~, Add to sheet ~01 ~e ~ui~ a~lble ~~ ~t ~d x ~ate ~e a~sible pa~ for ~e ~n a~ible p~ng spa~ to · e a~ssible buiidin~ ~, Sh~ ~or des~be on ~e s~e p~n h~ ~d ~ ~e ~ wamr ~inage ~ is genemt~ ~ ~e ~ ~ ~ ~~ ~fl x te~inate, ~, .. Sh~ and ide~ on ~e sh~t ~ Gm~d ~ ~ ~ ~ x mail ~11 be delb~ to ~e apa~~ PARKS AND RECR~ON Commen~: None FORES~IRONM~AU~ ~mmen~: None P~NNING ~D ZONING ~d~ ~u~'d ~ f~ lands~ ama p~ (~ using ~u~ ~ ~ t~ Page 9 Boymon Beach Marina File No.: COUS 98-008 DEPARTMEN'I'~ INCLUDE REJECT (10) square feet per space if a minimum of one (1) intenor shade tree is provided per four (4) interior spaces). · Add note to landscape plan stating number of trees (one is required) per 100 square feet of required intedor landscaped al~a o · Continue perimeter hedge along N.B. 6~ Street (west side) north/northeast of restaurant ~. · Provide and identify on the landscape plan all proposed lighting fixtures for both-vehicular and pedestrian' ames in accordance with CBD Guidelines and/or Vision 20/20 Study recommendations. · Identify in the landscape plan tabular date, the percentage of native species to confirm compliance with the 90% .. requimmant. · Add to list of notes on landscape plan the source of irrigation water. 49. Comprehensive Plan Policy 1.12.2 requJr~ that residential proje(:~ in excess of 100 units proposed' within the hunicene evacuation zone be reviewed by the County's Division of x .. Emergency Management, and that comments be considered which r~.,~ard the Peacetime Eme~ency Plan. 50. Provide color descriptions for all details including color code on x elevation document. 51. Add turning radius datalis within paddng struc:tum, and provide, at minimum steddng space for one vehicle at guard gate to prevent x blockinc~ of entn/lane. 52. The minimum r~luim(t extension of N.B. Z" Avenue will be completed prior to Cellitioste of Occupancy of multi-family building, or aJtemative plan for waste removal wlil be incomoratedx which eliminates need to access north side of building (this does not eliminate need to provide for emergency access along north 53. · Consistent ~ revised development agreement, replace note indicating ~ extension of N.B. ~" Avenue, Including cul-cle-s~c, is by others, with 'developer to construct road Improvements in x accordance with reviss~l developer's agreement and approved plan'. 54. Clarify whether th~ areas east of the Casa I.oma Blvd. cul-de-sac x and south of retail B am sod or paved areas. Page lO Boynton Beth File No.: COUS O~~~ INCLUDE REJECT I I 55. Subm~ up0at~ lanOs~pe plans for ~mptian~ ~ all appli~ble ~u~fions, i~m~ ~ns~n~, and ~ include ~e foiling ~anges ~ ~e lan~s~pe n~es found on sheet LSl.00: ~ Add, as sp~ in ~e "Gmd~ ~d S~nd~s for x Nume~ Pla~' P~ I, 1~ ~d P~ II, Rodda, Depa~e~ ~ Agfi~i~ Tai~ha~ to · e ~d ~ n~ 1. b. Remove ~e ~, ~o", ~m ~e b~ning ~ n~ ~mb~ 19. ~nd Deve~pmem R~u~flons, ~~ 7.5, Business Dls~ ~nds~e ~e, ~ 8.1 . 56. For subs~ue~ ~ appfl~on, p~e ~t A1.01 derail sh~t) ~d a ~o~ffic p~ ~ ~ ~ i~~ levels m~t ~~ ~, ~ II, ~1 ~d MI ~, ~ Iigh~g ~ (~, ~~ ~ ~ I~) ~ x ~a~ ~ ~~ 16 f~ ~te~~ ~m~ ~d ~ ~sio~ ~0 R~pm~ ~ ~~~ 7.5, ~de !!1 - ~ B~ D~ Guidelines ~ B~n Bea~ ~ B~~ ~, 2 and ~ ' ~. Pmj~~ ~a ~~ ~5 MINIMUM NU~ OF P~NG SpAc~ 'PR~ID~ IN' x RIG~~WAY IF C~~ ~W~ ~d Deve~pm~ R~' ~~ 2 - ~ni~, S~ 11. H. 16. e. (10). S~n 6.[4.~1Xa). S~ 11.H.16.d(1)] -. 58. ~e appa~, ~pa~ ~ ~ $1,5~.~ Page I 1 Boynton Beach Marina 'le No.: COUS 98-008 59. The applicant shall apply for ancl toe issuocl an environmental review permit 'prior to receiving an occupational license to sell gasoline. [Land Development Regulations, Chapter 2 - Zoning, x Section 6. F_ lA1 60. The applicant will dedicate an easement to the city, the land shown on the plans as the north portion of the cul-de-sac located near the east end of Casa Loma Boulevard. Prior to obtaining signatures on the document and recording the easement document in Palm Beact~ County, the applicant shall submit a copy of the appropriate document to .the city for review. The x document shall include, but not be limited to, the developer purchasing, Installing and perpetually maintaining the .. imlorovements. , 61. Applicant shall comply with all requirements contained in the' development order and revised development agreement, prior to issuance of permits (other than shell permils..~~ prior to x approval of tho development agreement) in accordance with the ao=d. tines sot therein. 62. Tho mad will be construct_L,<l at a minimum ___~!evatJon of ~:5'6'. X 6:3. The dumpster enclosure requirements cdr the City Code will be temporarily waived for Two Georges Restaurant and Dive Shop x until Casa I. oma Boulevard is completed, and compactors installed.. 64. Pursuant to note d~ on tho conditional uso site plan, ali utllltlas am x to bo placed undergmuf~ This mquiremant is mandated for CBD providers is 65. Traffic study was. found defldent by Palm Beech County. Revise Performance Standards. Clty must possasa confirmation from Palm Bee_eh Cc-__erty. 66. Submit all outstanding documents required for tho conditional uso site plan including color samples and codes, light fixtures and other details and landscaping plans for tho original phase 1 to x show ~e~._~L~tency with remaining ._?J~._o.q of 67. Provide additional right-of-way along west side of NE 6e Street to provide loft and fight turn lanes with storage cel~city to offset x traffic impact by apartment building and to provide efficient circulation. [xoansion of tic, bt-of-way to bo done with tho mutual Page 12 Boynton Beach Mm-ma File No.: COUS 98-008 DEPARTMENTS INCLUDE REJECT unclerstanding tha! expansion may I~e in exc~an§e for Ios~ of minimal parking spaces. This requirement may be waived if magnitude of spaces to be lost are unacceptable to the city, and if traffic analysis justifies maintaining roadway as currently proposed (formerly ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 68. " ADDITIONAL CITY COMMISSION CONDITION8 69. Revised 8/11199 4:45 pm MWR/dim LEFT INTI~ONALLY BLANK INTENTIONALLY LEFT BLANK EXHIBIT ".l" ~NTEN~ONALLY LEFT BLANK EXHIBIT "K" ' L 0 0 0 O ,m HOL & KNIGHT LLP One Ea~ B~ov~d 8oul~l, Suil~ 1~ PO, ~ 14070 (~-~ L~ T~ MI~ Wa~F~ D.C. ~-1~ N~ Y~ W~ P~ ~w.~klaw.com ' Ap~ 9, 2003 9~4~8-78~ ~ FAX AND ~ ~q ~rr. Mr. ~uintua Gree~e Development Director City of Boynton Beach 100 E. BoTnton Beach Boulevard Boynton Beach, Florida 83485 Re: Mari-A V'~a&e at BoynWn Beach Dear Mr. Greene: We represent TRO-Boynton Beach, Ltd. ("I'RG"), the owner of the property being developed as Marina V~ll~p 8t Boynton Beach. As you are aware, a previous owner of the subject property entered into a Second Revised Development Agreement dated ?une 6, 2000 ("Agreement"), with the City of Boynton Beach, Florida ("City"), relating to the development of the property being proposed at that time. The A~reement hss become obsolete due to the fact that the development contemplated by the A~a~ement did not occur, and the deadlines for completing those development oblisations were never met. In previous discussions with City officials reprdin& the Agreement, a consensus was reached that the Hmi~ and development of the subject property being proposed by TRG is substantially di~rent than the timing and proposed development contemplated by ~.e Agreement. Q~]intus Greene April 9, 2003 Page 2 Accor~!_ingly, TRG requests that the City Commission take appropriate action to terminate the Agreement as a matter of record. Such termination should be expressly conditioned on the survival of the matters set forth in the letter from James A. Cherof, City Attorney, to The Related Group and AERC cf Virginia, Inc., dated December 30, 2002 (copy attached). If possible, please schedule ~h!~ request for City Commission consideration at its meeting on April 15, 2003, at which other matters relating the proposed development of Marina Village at Boynton Beach will also considered. Thank you for your cooperation. Sincerely, ~ ee ,J'~an~ A. Ch~mf, ~iBr Attorney (w/~ncl) December 30, 2002 Vii l:Ia~d Delivery The Related Group A~KC of Virg/nia, Inc. Re: Request for Estoppel Imeorrna6on/Matina Village Geatleman: The City has received the December 30, 2002 written request of The Relaxed Group and AERC of Virginia, Inc. for aa e~toppel letter detailing the amounts spear and unspent by the City of Boynton Beach under the Second Rcvi~ed Development More ~ec/fically, you have asked the City: Specifically, please confirm that $39,424.22 hav~ be~n ~p~nt on b~f of C~ w~ ~d s~ fe~, which ~e ~t~ wh~h r~ ~ ~e ~jt~ ~ ~e ~sf~ ~ a succ~sor owner of the ~oje~ ~d sh~ s~e ~y ~~n of the Do~opm~ A~eemena R~o~e: ~e Ci~ ~ p~d o~ b~of&e D~velop~ $13,570.99 for r~l co~i~ ~d s~er ~p~t ~d co~on f~, $25,853.~ f~ r~t w~er colorlon fe~. ~e f~ ~ ~le to a ~c~ o~ of&e ~oject ~d ~l s~v~ ~p~ fe~, ~d ~ C~ sh~ ~~ ~ ~e ~p~ ~d mppo~ w~h th~ Count' a succ~tor ow~s ~ed~ for ~ f~. A~o, p~e con~ th~ the C~ Comm~ion shall consM~ ~ a poH~ de~on ~g a ~ucce~sor ~er of the ~oject a cre~ (which credd sh~ sure ~y t~~on of ~ Do~pmt~ ~~0 ag~st f~re p~ fees for Ci~ s~ff sh~ fa~or~ly re~mm~ tuck ~ R~po~e: ~e Ci~ ~ To ?~ B~h Co~, on b~of ~e Devdop~, $122,688.85 ~ $n,802.91 in p~lic bufl~g f~. R ~ ~e Cl~s ~~~g ~ ~d~ Co~ To the State of Florida, $138.70 in BAC~ and $138,'/0 for Radon permit fee~. Confirmation o/'tran~ferability should be obtained fi'om the State. To the City of Boynton Beach $34,726.38/'or building permit review fees. The credit trans£m'able. No r~fimd is available for voided permit. Also, please conf'ttm that no other amounts have been spent by the City or are due and owing under the bond or the Development ASreement other than those s~t forth above. Response: The City has expended $201,919.76, which includes thc amounts shown above. The project is encumbered by a City lien for the total incentive package of $770,328.00, less $407,380.00, which is secured by bond. Pleas~ confirm th~ City shall accept a substitute bond in replacement of tttat cttmntly lutld by the City from a successor owner, and return ti~ wd.sting bond to A~RC. Resgonae: Ye~. I trust the foregoing i~ req~a~w to your request. All issue of fu_nher adjustment, modification, refund or waiver are reserved to the City CITY .aTTORNEY ~.ntric, a'$ ~atr, uay to th~ OuIj~rream TOTCtL P. 05 F. Martin Perry & Associates, P.A. F. MARTIN PEi~Y 1645 Palm Beach Lakes Blvd. T~i'HO~ (~1) 4'~1-3~o? S'0$AN L TAYLOR Sltitt 1200 FAX (~l ) ~VestPaimBeac~. FL33401 ~C~ MAYS, 2003 HAY 9 2003 DEPARTMENT OF DEVELOP~AENT James A. Cherof, Esq. Via Facsimile: 561/742-6054 City of Boynton Beach 954/771-2943 100 E. Boynton Beach Blvd. P.O. Box 310 aoynton Beach, FL 33425-0310 ~ ~ ¥',, Re: Two Georges Restaurant vs. City of Boynton Beach Case No. CL 99-8505 AG Dear Jim: As you know, this firm represents DSS Properties, Ltd. and DSS Management, Inc. d/b/a/ Two Georges Restaurant. I have been advised that the City Commission recently approved the Major Site Plan Modification submitted by the Related Group for the Boynton Beach Marina project. As a result, my client requested that I review the proposed modifications as they relate to parking, to determine whether the proposed modifications are consistent with the Court approved settlement of the above case. I have concluded that the current parking modifications do .appear to ignore the terms of the Mediation Agreement. For your convenience, I am attaching copies of the Amended Mediation Agreement, dated June 12, 20(X); the Court Order, dismissing the case and retaining jurisdiction to enforce the Amended Mediation Agreement; and portions of the Second Revised Development Agresment, recorded on August 28, 2000 at ORB 11980, PG 492, Public Records of Palm Beach County. The Amended Mediation Agreement clearly contemplated amendments to the Development Agreement such that it would be consistent with the settlement among the parties. The resulting Development Agreement, the Second Revised Development Agreement, provides, in part, that: '7. DEVELOPER shall provide a minimum of 505 parking spaces, 207 of which muet be open and unreserved for public use (Of these 207 spaces, 59 are on Casa ~ Boulevard and N.E. 6a Street. The City is granting to the Developer the use of these 59 public spaces as a credit toward his obligation of 207) .... ' Emphasis added. James A. Cherof, Esq. May 8, 2003 Page 2 of 2 The foregoing paragrapt~ of the Development Agreement also contains a footnote referring to the August 1999 City Commission hearing, during which the parking issues were extensively discussed and the Commission voted to approve the above parking arrangement. I have reviewed of the minutes from the April 15, 2003 City Commission meeting and the resulting conditions of approval for the Developer's current site plan. ! have not yet been able to review full size plans showing the parking arrangement; however, it appears that the resulting approval does not specifically require the developer to leave spaces open and unreserved for public use as is required by the Development and Mediation Agreements as previously stated herein. If I am incorrect in this regard, please provide evidence to the contrary. The minutes of the meeting reveal that parking continues to be a significant concern to area businesses and City residents. My clients are also greatly concerned about the lack of available public parking for their customers. Of additional concern in this regard is that the developer has apparently requested that the existing Development Agreement for the project be dissolved. My client strenuously objects in that dissolving the Second Revised Development Agreement violates the requirement in the Amended Mediation Agreement that the Development Agreement be consistent with the settlement among the parties. Therefore, I hereby request copies of all documents related to the developer's application or request for a hearing on this matter and further request that I be notified of any meetings or hearings in this regard. As you know, the Court has retained jurisdiction over the enforcement of the settlement. We are hopeful that we will not have to resort to re-opening this litigation; however, my client has grave concerns that the project, as proposed, will detrimentally affect the parking available to its customers. Please call me as soon as possible to discuss this matter in greater detail. Very truly yours, Enclosures cc: Bill Scaggs, Jr. -via facsimile: 561/620-8189 Steve Scaggs - via facsimile: 301/208-8037 1~ ~ CIRCUIT COURT OF THE FIFI'IgKNI~ alDICIM, CIRcun' OF FLORIDA, [lq AND FOR PALM B~ CO~, ~ A~ON DSS PROP~s, L~. and ~O ~OR~ ~A~, ~ O~ BORON B~ ~ .... Defen~nc / KD ~DIA~ON A (c) administratively approve th~ me ofsutic~t compact car spac~ to tip for the loss of fotlr parl~ spar, es due to razllps to be coll.strtlct~:l from Casa Loma Boulevard ~o the Two Georges' property;, ~',d (d) .administratively approve two curb ~ for ramps.to access the Two Georges · . md Hall property. ,Rer-o.~d to the Cit~ Co~en tbaz it e~,,,~,,-t-- tho~e portions acvelopmeat asreement peaail~g to public rights ofac, c~ss to Ca,sa Boulevard. arid the area ref~rted to u the Casa Lorn- Overlook. a, o citr Two p. it U io. :~-'~, which, aalong other ~ ~ to raise the m,in ~ aa elevation of 4.~ feet NVCiD as well as cemtm~oa ora new "~dckee" roof to tepla~ the exLvin8 "ckidcee" mot: CL'y and/or Cit7 mffwill waive their orior to sau~ commems on other issues nised by sl~rdative to the applkaiio~. ~ovemm~ entifim with juries/on over tl~ u~ ofthh arm. l~aS~ i~._,~f~i~ ~ the _Hall's ~ ~q_ei~i,~.e operalion (one boat ..rally) ate vllid perm/tted uses, for purposm ofestablishi~ the i~mlts of the valid l~al ~i. lt=o~i~ tl~ l~i~ll's ddtt ~ ~o~ (em boaI o~l,y) -~-~I ' -"'Tmved Pa~id~ o~ the six lou owned by Two ~ south of~ Boulevaxt 7. If and only if Two C, mr~ea can obtain pmni~in& to build aa ~ to 2~00 square paztcin&, then it may be satisfied wi~h the provision of the specified number of pztldn~ spaces on the lots south ofOcmn Bouleva~ Thi-~ provision may only be 2 used for ~e constmciion ofz deck a~l may not be credited aga~ns~ other proposed use~ on the sit~. 8. Hot objec~ to the use of the vac~ pordons of Two C-eor~es or Hall's prc~pen~ for stackillg of valet parking. City r~otm~_~ that Hall's dri~ fisiliag (one boat ollly) operation is a valid legal grand~athe~non.cont'onning use. i/fiBa~ion ~' ~rn oz~-tiomi to the da~e of fil;,~$ the d/sm/s~s of Crarcia w/ll: 2. Will grant Two ~ ~ no~x~l~/v~ ~ padd~/a and ~ ~ ~ ,., ~ .... ~ ~m ~ ~ of Two ~ ~~ __ . ~ ~). P~ (~ ~ ~1~ ~ ~y ~ ~ by 4. ~~~ ~ ~~ m ~ ~~~~p~, ~~on ~ ~I 7~ ~ p~ n~x.~ f~ ~ ~_ ~___. - . ~~ for ~~ g~ ~~ ~ ~~ ~ ~ of~ ~s~ ~ ~---0~o~ .... - - -- . ~ ~ ~t ~v~ ~~ ~ ~ o~ on the attached drawing, whi~ eas~me~ shall not ~t ~ck ~ ~m p c ~1 ~ve Boulevard wb/ch shaJ/be owned by Two (3eots~ and Two CTeotge~ aite~ not to an~r comp~ of the ebando,~em: of Casa Lama Bouleve~ the couv~ of ~ ~ ~~ ~ ~ o~ ~ ~ ~~ of~i~ ~ ~ Two 4 zN Tim c~n- COURT OFTHE JUDW.)gL CmCUITOF FLORIDA. IN AND flOR P,~ BI:~Cl! COUntY. CIVIL ~C1'101~ D.~ PROPERTiI~. LTD. and'"~ NO. CL 99.8.~05 AG DS5 MANAGEMENT. INC. D/B/Av TWO GEORGIZ~ RF..TTAURANT. ~ l~_.~e~ Pa ~:"~.~ v.~. ~, imiffs. IffillllllBIBIIlBIlllllll crrv oi~"~~.~ / ~o,. '. ..... ORD~ A~.,~ t~ ~' ~t~k~ c~ ~. ~ ~e ~hy ~. di~$~ p~ud~. ~ ~fly tO ~r ~ ~a f~ ~ ~s. A~t ~ ~o ~ 5t~h~ f~~)- ~ With ~. ~ E. ~. ~.. I~ ~la ~a~ la~ &eeva~. 5u~ I~~ h~a ~. ~L 3~Ol / 't (a) completion of a~l of the improvements depicted on the SiZe Plan; or (b) DEVELOPER giving written notice to the CITY of abandonment ot' the 61TE PLAN. It is acknowledged that minor modif'~,,aiions of the SITE PLAN or expansions of the PROJECT. approved by the CITY. shall not be deemed an abandonment. g. ~ DEVELOPMENT USES e following uses have been approved by the City Commission-''~'~ '~,,.'. ,~,~: ~ 29.302 square feel of two-sto~ office/retail floor ama. ~['~,~"~ Two public restaurants with a combined area of 12,830 s uare feet. ~. .~.m~ sales. , of Boynton Beach for Police/Manno Patrol purposes. 5. A ,.i~,,,.e0it residential apartment buiicl~ng of $ stoMes or less. not to exce'~eet~ in height anti no more then 229 residential ufl~. ' / / .,'~ which must I~~ and unreserved for public use (O[ these 207 spaces, 59 are o~m~..,,~oma Boulevard and N.E. 6 Slreet. The City ~q graining to ~e ~~~e~ use of' these 59 public spaces as c~'edit '~-' .~.,.?,~, · toward his obligation ~.',T,~',~Nothing herein shall prohibit lhe City from meMmg or prov~li~"~, resttfct!ons,on ti~se parking spaces icoaled on Cily right-of-way, entering into an Agreement D.4.d.(2) thc Ch.x CommLs.~iofl r~luc~l the required public ~g spaces to _-"07. TOTAL P. ~ XII. - LEGAL CITY OF BOYNTON BEA ITEM AGENDA ITEM REQUEST I Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turn'ed Meetim, Dates in to City Clerk's Office Meetina Dates ~n to Git3' Clerk's Office [- August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [-' August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [-- September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) ['- September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal N kTURE OF [] Announcement [] New Business A ;ENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve an Ordinance prohibiting parking or storage of vehicles in the public right-of-way or within five feet of the public right-of-way. EXPLANATION: Staff has received many recent inquiries/complaints regarding vehicles being stored/parked in pt~blic rights-of-way, and in order to promote and insure safety of pedestrian and vehicular traffic on public right-of- ways, staff has suggested that an amendment to the Code is necessary. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Not approve the amendment to the Code of Ordinances. Department Head's Signature ' ' - C~ty M~nager's Signature Department Name I City Att~)t~e~ / Finance / Human Resources SSBULLETIN~FORMS~.GENDA ITEM REQUEST FORM.DOC ORDIN Z'4CE NO. 03- 0 AN ORDINANCE OF THE CITY OF BOYNTON FLORIDA AMENDING CHAPTER 14 MOTOR VEHICLES TRAFFIC, SEC. 14-5. TO INI~xLUDE "STORAGE"; CREATING SUBSECTIONS (4) AND (5); PRxOVIDING FOR THE PROHn OF PARKING OR STORAGE OF ~xEHICLES IN THE PUBL RIGHT OF WAY OR [N FI-~.ETF..~L~ O,V THE PUBLIC l }F-WAY; PROVIDING CONFLICTS,\ ,EVERABILITY, '.ATION AND AN 'ECTIVE DATE. WHEREAS, the Commission of Beach has determined it to be in the best interests ocitizens and City Of Boynton Beach to prohibit parking or storage of '~ in the public ,f-way or within five feet of the public fight-of-way; and NOW THEREFORE, CITY OF THE CITY OF BOYNTON " ection 1. The foregoing is true and is now ratified and :onfirmed by the City C Section 2. Section 14-5. is by adding and figures in underlined :ype, and by deleting the words in as follows: Sec. 14-5. or stora prohibited in specified places. (a) Except ... *** (1) dng, standing, of a No vehicle can )red on within 5 feet of the ticle shall be to when the :cle is not operated moved. for a minimum one-half hour least once durin period. No vehicle can b~ )arked or stored of wa, within 5 feet of of for any period of time unless the front, rear, and side reflectors and the license plate are visible. Section 3. Each and every other provision of Chapter 14 of the Code of Ordinances not herein specifically amended, shall remain in full force and effect as originally adopted. S :\C A\Ordinances~Development~stornge-doc XII. - LEGAL ORDINANCE NO. 03- O,.,Z*"~7' ITEM A. 1 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 14 MOTOR VEHICLES AND TRAFFIC, SEC. 14-5. TO INCLUDE "STORAGE"; CREATING NEW SUBSECTIONS (4) AND (5); PROVIDING FOR THE PROHIBITION OF PARKING OR STORAGE OF VEHICLES IN THE PUBLIC RIGHT OF WAY OR WITHIN FIVE FEET OF THE PUBLIC RIGHT-OF-WAY; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. the City Commission of the City of Boynton Beach has determined it to be best interests of the citizens and residents of the City Of Boynt0n Beach to prohibit i or storage of vehicles in the public right-of-Way; and TIIEREFORE, BE IT ORDAINED BY TIlE CITY COMMISSION OF TIlE OF BOYNTON BEACII, FLORIDA, TIlAT: 1. The foregoing whereas clause is tree and correct and is now ratified and ~y the City Commission. 2. Section 14-5. is amended by adding the words and figures in underlined and by deleting the words and figures in struck-through type, as follows: Sec. 14-5. Stopping, standing, c,r parking, or storage prohibited in specified places. (a) Except when necessary... *** (1) Stopping, standing, ov parking, or storage of a vehicle. *** (4) No vehicle can be stored on the public right of way. A vehicle shall be considered stored, as opposed to parked, when the vehicle is not operated and moved, for a minimum of one-half hour, at least once during a 36-hour period. (5) No vehicle can be parked or stored on the public right of way for any period of time unless the front, rear, and side reflectors and the license plate are visible. ;ection 3. Each and every other provision of Chapter 14 of the Code of Ordinances herein specifically amended, shall remain in full force and effect as originally All laws and ordinances applying to the City of Boynton Beach in conflict any provisions of this ordinance are hereby repealed. 110304-storage.doc lection 5. Should any section or provision of this Ordinance or any portion thereof declared by a court of competent jurisdiction to be invalid, such decision shall not ffect the remainder of this Ordinance. lecfion 6. Authority is hereby given to codify this Ordinance. iection 7. This Ordinance shall become effective immediately. 'IRST READING this o'~/day of ~)O__.~j~ b ~__ /''' ,2003. ;ECOND, FINAL READING AND PASSAGE this __ day of ., 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner [TTEST: City Clerk ;:\CA\OrdinancesXDevelopmentXRevised 11031M-storage.doc XII. - LEGAL ' ITEM A.2 CITY OF BOYNTON BEACh AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] August 5, 2003 July 14, 2003 (Noon.) [] October 7, 2003 September 15, 2003 (Noon) [] August 19, 2003 August 4, 2003 (Noon) [] October 21, 2003 October 6, 2003 (Noon) [] September 2, 2003 August 18, 2003 (Noon) [] November 5, 2003 October 20, 2003 (Noon) [] September 16, 2003 September 2, 2003 (Noon) [] November 18, 2003 November 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation c:> [] Consent Agenda [] Public Heating ~ [] Code compliance/Legal Settlements [] Unfinished Business "'q RECOMMENDATION: Approve Ordinance 03-058 establishing a limited Early Retirement Incentive Prom'am. for ail~. eligible City employees. - ..~ EXPLANATION: The City Manager had a request from the Pohce Pension Board to consider another Early R~rem~'~ Program similar to the one offered to eligible city employees in 1999. Diane Reese, Finance Director has estimat~ cost savings to the city if an Early Retirement Program were offered to employees who met the following criteria · Employed with the City for a minimum of 15 years · Employee would be within 3 years of normal or early retirement at September 30, 2004 Based on the above criteria it is estimated that the number of eligible employees would be as follows: · Police 20 · Fire 19 · General Employees 49 Gabriel, Roeder & Smith, actuaries for the City pension funds, has prepared an Impact Statement which reflects the increase cost of City Contributions for each pension plan. PROGRAM IMPACT: The proposed 2003/2004 Early Retirement Program is as follows: · Eligible employees would have 3 years added to theft' age or years of service or in the case of Police & Fire a benefit calculation factor which, when applied, result in the employee receiving the full retirement benefit set forth herein, without offset or penalty. Any employee who qualifies for early retirement imtead of normal retirement would be assessed the reduction in pemion payments as outlined in each pension plan. · The City would continue to pay the employee's single coverage health imurance for 3 years · The employees accrued sick and vacation would be paid out over a 3 year period · Employees who qualify would have from April 30, 2004 thru September 30, 2004 to retire. The six month window is being offered to lessen the impact on departra~nts who would have several employees eligible to participate m the program. Department heads would have the final authority on the date an employee elects to retire. This will also lessen the impact on any one department. FISCAL IMPACT: The estimated savings to the City for the years one thru three are as follows: · Police $229,092 · Fire $127,880 · General Employees $149,823 Total $506.796 S:~BULLETINL~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The savings is based on filling all positions that will become vacant due to the Early Retirement. If some positiom are left vacant or deleted from the budget there would be a greater savings. Also during the first three years after the employee retires the City will be paying the health cost and the employees accumulated sick and vacation payout. After the third year the savings would go up by another $900,000. ALTERNATIVES: Not offer the Early Retirement Program Department Head's Signature City Manager's Signature Finance Department Name City Attorney / Finance / Human Resources S:kBULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC O DINANCE 03- O!;8 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ESTABLISHING A LIMITED EARLY RETIREMENT INCENTIVE PROGRAM; PROVIDING REQUIREMENTS FOR PARTICIPATION; PROVIDING CRITERIA FOR QUALIFICATION; APPROVING A_ND ISSUING A STATEMENT OF ACTUARIAL [M?ACT; APPROVING THE FORM OF AGREEMENT FOR PARTICIPATION IN THE LIMITED EARLY RETIREMENT INCENTIVE PROGRAM; DIRECTING CITY ADMINISTRATION TO FUR_~SH A COPY TO THE DIVISION OF INSURANCE; PROVIDING FOR SEVER. ABILITY, CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the City Admimstration has formulated a Early Retirement Incentive Program, available as limited herein for participation by full-time employees, who, on September 30, 2004, have been full-time employees for a mimmum of fit~een years and. are within three (3) years of early or normal retirement; and WHEREAS, the City Commission h as evaluated the actuarial impact of offering the early retirement program hereinafter described, prepared by Gabriel, Roeder, Smith & Company, and WHERE,, the City Commission finds that it is in the best interests of the City to 9ffer early retirement to employees and that implementation of the early retirement program described herein will have positive administrative and fiscal benefits to the City. NOW THEREFORE, B E I T ORDAIN D B Y T HE CITY COMMISSION O F T HE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing whereas clauses a re t me and correct a nd constitute t he findings of the Commission necessary to support this Ordinance. Section 2. The City Commission hereby creates an Early Retirement Incentive Program for any full-time City employee who, as of September 30, 2004, will have achieved: a. a minimum of fifteen years employment with the City, and b. is within three (3) years of early or normal retirement. Employees who meet both criteria for participation are hereinafter referred to as "Eligible Employees". Section 3. Eligible Employees may participate in the early retirement program only if they execute, and do not subsequently rescind, an Agreement for Participation and Waiver no S:~CA\Or~inlIICiI[ERIP- 2003~ltlvillgl Or&f~ - ERIP 102003.aoc 1 later than 5:00 P.M., on Monday, January 23, 2004, designating a last date of employment not later than September 30, 2004. The last day of employment must be coordinated with and is subject to the consent of the City manager. Section 4. Eligible employees who elect to participate will receive: (1) Three years added to year of years of service time and/or years of age. In no event will the credited time of service or years served exceed three years total. (2) The City of Boynton Beach will continue to pay health insurance at prevailing single coverage premium rates for all employees who elect to participate, for a period of three (3) years following the date of their actual retirement. (3) When necessary to fully vest an employee in the police or fire service for years credited pursuant to this incentive, but not actually served or rendered, the pension admimstrator and the plan actuaries shall provide a benefit calculation factor for such police or fire employee which, when applied, result in the employee receiving the full retirement benefit set forth herein, without offset or penalty. 4) Eligible employees accrued sick and vacation time will be paid out over a three (3) year period at the payout rate which is otherwise applicable to the employee. Section 5. No employee who has signed a participation Agreement is eligible for the balance of their employment with the City. Section 6. The City Commission adopts, issues and certifies as its own, the final of actuarial impact and analysis of the proposed Early Retirement System prepared by Gabriel, Roeder, Smith & Company for Police and Fire Pensions, and General Employees, of which are attached hereto as composite Exhibit "A": Section 7. The City administration and the administrators of the retirement plans, in accordance with the requirements of Chapter 112, Florida Statutes, and Rule 60T-1.004, are directed to certify and furnish a copy of this Ordinance together with the statement of actuarial impact referenced herein to the Department of Management, Division of Insurance. The City and_plan administrators are authorized to make such supplemental filings with Division of Insurance as is necessary to effectuate this Early Retirement Incentive Plan. [:\CA\Ordinlnc#\ERIP - 2003~Rlvi#d Drift - ERIP I02003.do~ 2 Section 8. The City Commission authorizes t he City Manager a nd City Clerk t o execute Agreements for Participation In Early Retirement Incentive Program and Waiver of Rights forms with eligible employees. A copy of the Agreement for Participation is attached hereto as Exhibit "B". Section 9. The City Commission adopts and ratifies t he Commencement Notice, Acknowledgement of Receipt of Program Commencement Notice, Information Fact Sheet, and Employee Declination to Participate forms, heretofore prepared by the City administration, copies of which are attached hereto as Exhibits "C", "D .... E" and "F" respectively. The City Administration is authorized to modify these forms when modification is necessary to facilitate the objectives of this Ordinance or when amendment is required to conform the forms to requirements of state or federal law. In the event of a dispute over the meaning, interpretation, or application of Exhibits "B", "C", "D", "E", and "F", the decision of the City Manager as to the meaning, interpretation or application shall be controlling. Section 10. All ordinances or parts of ordinances in conflict herewith be and the ;ame are hereby repealed. Section 11. Should any section or provision of this ordinance or portion hereof, any ~aragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such lecision shall not affect the remainder of this ordinance. Section 12. This ordinance shall become effective mediately upon passage. FIRST READING this ,~l day of October, 2003. SECOND, FINAL READING AND PASSAGE this ~ day of November, 2003 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTTEST: Commissioner City Clerk Commissioner S:\CA\Ordin&nc#~ERlP. 2003\Revill¢t Drift - ERII~ 102003.do~ 3 SMITH & C~OWIPANY Octo0er 17. 2003 Ms. Barbara LaOue Permiofl Admirlistmtor General Eml~lO~t~l' Pension Plan 100 E. Boynton Beach Boulevard Boynton 8each, Florida 33425-0310 F~: G~nemt Ernploy~,$ Pension Plan Dear Elsrbsm: As requested, w~ hav~ prepared the enctos~ Actuarial Impact Stamment for the proposed Early RelJmment InclnlJve Program (ERIP). Under tile ERIP, eml:~oymes wl~ have 15 or mom yeers of serwce al o~ 9/30/04 amd a~e within $ years of early or normal retirement w~ulcl be eiigible to reoe~v® an additional 3 years of credit rewards early or normal retirement. We welcome your questions and comments. Sincerely youm. J, Stept~en Palmquilt Enclosures Cc: Oiline Reele EXHIBIT ~A~ CITY OF BOYNTON BEACH GENERAL EMPLOYEES PENSION PLAN Impact Statement - October 17, 2003 Description of Amendment o An Early Retirement Incentive Plan (ERIP) w~ulC be es~ablishecl. Under the ERIP, em0toyees wt~o have 15 or mom years of service as of 9/30/[~ and are within 3 years of earty or normal retirement woutg be eligible t~ receive ar~ additional 3 y~ars of credit towards early or normal retirement. o Those wt~o elect to retire under the EP. IP will also benet'rt from the City's continuation of payment of health insurance Dremiums for three years. Since this benefit is not par~ Gf the Per, sion Fund, the Impact Statement does not reflect the payment of such premiums. Funding ImMication~ of Amendment An actuarial COSt estimate is attached. The amendment woulcl increase the required employer contributio~ I~y $125.154 if all etig~ble meml3ers actualfy retire. CerlJflcatton of Admird~trator I believe the am~dment to be in compliance wit~ Part ¥11, Chapter 112, Florfda Sta;utes and Section 14, Article X of the Constitution of the State of F~or~a. For the Boa-~ of Trustees as Platt ,N:lministmtor SUPPLEMENTAL ACTUARIAL VALUATION REPORT Plan Cib/of i~ynton Beach Ger~erai Employees' Pefl$ion Plan Valuation Date October 1,200Z Date of Octo~ 17, 2~ Re~ ~uested by Bo~ of Trust. s Prep~ ~y ~. ~e~en ~imquist Grip V~uld ~ and fna~ive Emp~es P~n P~sions ~ng Con~id~ f~ Chin~ o ~ ~ Re~e~ I~ve PI~ (ERIP) ~uld ~IP. em~ ~ ~e 15 or mom ~m ~ ~i~ as ~ ~ a~ am ~ 3 ~a~ ~ ~ ~ ~1 ~~t ~dd be ~ibte to r~i~ an a~l 3 ~ of ~t t~rds ea~ ~ ~d re~t o ~ ~ e~ to ~ un~ ~e ERIP ~ at~ ben~t from the Ciys ~anua~on ~ ~t of h~l~ i~n~ pr~iu~ for ~ ~am. Si~ ~is ~t is no[ pe~ of ~ Pe~n Fund, the Impa~ S~ment does not mfle~ the ~ent ~ su~ ~ium=. ~o~ ~ r~ ~ ~e e~ date of ~ m~ ~ ~ 5~ ~ pay. ~me ~ ~ k~ ass~fl~meth~ ~: Sa~ in~ - 4.2 ~ 7.6% ~r ~ de~ing on age. Amortization Period for Any Increase in Actuarial Accrued Liability $0 years Summary of Data Used in Repo~ See attached page. Actuarial Impact of See afl, chad page(s). The proposal would increase the annual required contribution by' $125,154 if all S3 eligible members retire.. Covered payroll would decrease by about $781,000. Special Ricks Involved With the Prot3osal That the Plan Has Not Been Expos~ Previously None. Other Co~t Considerations The cost associated with me ERIP will vary based on ~ number of employees who elect to participate. Possible Confltot~ With IRS Qt~lifloation Rulea N~ne Ervolled Actuary No. 02-1560 A. Valuatk3n Da(e October 1, 2.00Z O~oOer I, :Z002 ~fore Changes ERI/~ B. ARC to Be Paid Dunng Fiscal Year Ending g/30i2003 9/3(~/2003 C. Assumed Date of Eml3toyer Contr~. 10115i2003 10/15/2003 D. Annual Payment to Amortize the {,19,600) 150,387 Unfunde¢l Acfl.teriai Ual3i~ity E. Eml31oyer Normal Cost 1,443,336 ~ ,388,862 F. ARC if Paid on the Valuation Date: D+E 1,423,736 1,539.249 G. ARC Adjusted for Frequency of Payments I, 542,574 1,667.728 H. ARC as % of Cover~l Payroll 7.37 % 8.27 I. Assumed Rate of Increue in Covered Pay~oa to Contribution Year 0.00 % (3.00 J. Covered Payroll f~' Contribution Year 20,937,211 20,176,862 K. ARC f~ Conl~tbutlen Yea~ H x J 1,542,574 1.667,728 L ARC as % of Covered Payroll in Contribution Year. K * J 7.37 % 8.27 II I 1:3. Actuarial Present Value of Ail Prolected Benefits for 1. Active Memoem a. Service Retirement Benefits $ 62,682,844 $ 51,461.800 b. Ves~tng I~enefits 3,487.711 3,509.735 c. Disability Benefits - d. Preratimment 0eath Benefits 2,125,979 1.802,034 e. Return of Member Contributions 271.364 325,547, f. Total 68.567,898 57,099.115 2. Inactive Mambem a. Service Retirees & Benefidades 24,705,040 24,705,040 b. Disability I~e~imes 307,331 307,331 c. Terminated Vested Members 530, T41 1,57144~4T7 d. Total 25,643,112 40.156.848 3. Total for All Members 94,211,010 97.255,964 C. Actuarial Accrued (Past ~ervice) Lial3ility 136~ GASB No. 25 69,574.635 72,516,373 O. Actuarial Value of Accumulated Plan Benefits ~ FASB No. 35 54,017,978 NA E. Plan Assets 1. Market Value 54,855,585 54,855,585 2. Actuarial Vak~ 62,228,99g 62,226,999 F. Actuarial Pmaent Value of l~ojected Co,®red Payroll 183.666.568 184,297.412 G. A~I~I'~t ~ Value of Pmjec~cl Member ~ution~ 12,856,660 12,900,819 A. Valuation Date October 1, 2002 October 1, 2002 i~efore Changea E,RIP B. Normal Cost for 1. Service Retirement Benefits $ 27,27,961 S 2,335,891 2. Vesting Benefits 23g,975 230,576 3. Disability Benef'~s - 4. Preretireme~t Death Benefits 99,$13 97,023 5, Return of Member Contributions 97~458, 94,004 6 To{al for Futura Benefits 2,865,Z07 2,757,494. 7. Assumed Amount for Administrative Expenses 43,734 43.734 8. Total Normal Cost 2,908,941 2.801,?.28 C. Ex~ect~ ~ Cont?il3~jtion t,4~5,605 t,412,366 D. Employer Normal Coat; BS-C 1,443,336 1,388,862 E. Employer Nom~el Cost as % of Covered Payroll 6,89 % 6.88 % . I Before Changes . After Changes Numar 542 ~ve~ Annual Peril $ ~,93Z,21 ~ ~ 20,176,662 Avenge Annual Payroll ~ 38,630 Aversge ~e 43.6 Ave~g~ ~t ~ 8.0 6.3 Av~ge ~e at Him 35.6 35.5 Num~ 174 1 Annul 8~efils $ 2,7~,~8 $ 2,723,258 Avera~ ~n~l ~effi $ 15,551 $ ~5,651 Average Age 69.7 Num~ 3 3 Annul ~efi~ $ ~,332 $ ~,332 A~ ~n~l ~efit $ 9.~7 $ 9,7~ Average Age 62.6 62.6 Num~ 10 63 A~ ~n~ ~effi $ 10.~9~ $ 28,2~ Av~ Age ~.3 ~.0 CITY OF BOYNTON BEACH PENSION SYSTEMS initial Effects of EaHy Retirement Incentive Plan Assuming All Eligible Em.uloyees Elect to Retire Elating ERIP 53 ~ 19 93 B. In~se i~ Annual Ci~ Pension ~st $ 125,154 $ ~7,S18 $ 103,366 $ 286.338 C. D~ase in Annual ~11 761,~ 814,000 852,~ 2,427,000 D. Net ~st (Savings) = B-C (635,~) (756.182) (7~,6~) (2,1~,662~ The City will him as many new employees as the .umbe¢ wflo retire. The City will promote as many remaining employees as the numt~er who retire. Pay will increase by 5% due to the promotions. Oth/r Co~t~/Savings The figures abov~ do not take into account costs or savings in other areas, such as. Social Security taxe~, vacalion i:~Y. longevity pay, etc. The Cily's continuation of fleall~ insurance premium payment~ over the next 3 years is also not reflecte¢l. P~epared I~y Gabnet, Roeder, Smith and Company October 17, 2.303 GABRIEL, NOEOER, SMITH & COMPANY ~to~r ~7, ~ Ms. Ba~ara LaD~ P~s~n Admin~t~ Ci~ of ~ton ~ 1~ E. Boston ~ ~mn ~a~, ~da 3~25-0310 Re: p~ ~' ReOrient Fu~ O~r Re~ent I~ P~mm (ERIP). U~er ~ ~, ~ ~ ~ ~ve 15 or m~ Sin~ ~cl~ Cm D~ ~ CITY OF BOYNTON BEACH MUNICIPAL POLICE OFFICERS' RETIREMENT FUND Impact Statement - October 17. 2003 Description of Amendment o An Early Retirement Incentive Plan (ERIP) would be established. Under the ERIP, [x)lioe officers who nave 15 or more years of ~ervce as of 9/30/04 and are within 3 years of early or normal retirement woutcI i~a eligible to receive an increased I:)e~efit acc~Jal factor equivalent ~o 3 extra years of creclitecl service. o Those who elect to retire under the F. RIP will also 0enefit from Ye City's continuation of payment ~f I~eelth insurance premiums for three years. Sic, ce ~his benefit i$ not part of the PenSion Fund, the linC)act Statement does not reflect the payment of such premiums, Funding ImplicatJon~ of Amendment An actuarial cost estimate is attached. The amendment would increase the required employer contribution I:)y $5T,818 if all eligible members actually retire. Cenlflcatl(m M ~lministsmtor I betiM the amefldm~t to be in coml~ance with Part VII, Chapter 11Z, FIo~cla Statutes and Section 14, Article X of the Constitution of the State cf Florida. Fo~ the 8oeKI o~ Trustees as Plan Administrator SUPPLEMENTAL ACTUARIAL VALUATION REPORT Plan City of goynton Beact~ Municipal l~olioa Cfficers' Retirement Fund Yaluatlon Date October 1, 2002 Date of Report October 17, 2003 Report Requested by Board of Trustees Prepared by J. Stephen Palmquist Group Valued Active and inactive polioa officers, Plan Prov~ion$ Being Considered for Change o An Early Retirement Incentive Plan (ERIP) would be astal~lished. Under tim ERIP, police officars who hav~ 15 or mom years of se~ice as of 9/30/04 and am within 3 yaam of early or normal retirement would be ei'K~ible to receive an incma~cl benefit accrual-factor equivalent to 3 extra yoem of credited s4~vice. o TIx3se wino .lecl~ to mtim under the ERIP wil also benefit from the City's continuation of payment of health inaurance pmmiuma for three years. $inc~ this benefit i8 not part of the Pension Fund, the Impact Statern~t dOes not reflect the payment of' such premiums. Pa~lcipants Affacl~cl All active poltoe offices who hav~ not retired or entered the DROP. Actuar'ml A~auml~m~ ~ ~ Same ea ~ 1, 2002 Actuari~l Valuation Repor~ wilb the~e exOeptions'. o 100% of lt~ 21 eflgible members will actually r~lm. o Them ml 13e a number of new hires equal to the number of members wt~o relJm. o There would be a numDer of promotlon~ equil to the m~nber of membef~ who r~il~. Tho~e pn:~oT~cl w~3uld be ~e r~n~a~ highest pMcl participant~, Iheir rime would be 516 of pay. Some of the ~ a~urnpltonL/rnMhocls am: Inv~tment return - 8.5% per year Salary increilM - 5.0% - 6.5% IXi' yasr CoSt MetWxl - Fm~ En.¥ Age Amortization Period for A~y Increase in Actuarial Accrued Liability 30 years Summary of D~ta Used in Report See attacbecl page. Actuarial Impa~t of Progoeel(s) See attac~ed page(s). The proposat would increase the required emptoyer ~ntnbutlOn by $57,818 if all 21 eligible members mum. Coverecl payroll would aecmase by about $814.000 Special Risks Involved With the Proposal That the Plan Has Not Been Exposed to Previously Other Co~t Considermiorm The cos! as~o¢iatecl with tim F_RiP will vary based on the ~uml~er of police officers who elect to i:m~ctpate. Poe~ible Confll~t~ With IRS Queli~n Rule~ None ~teph~n Paln'~lUie, t, A~ FC~ Enrol~l Actuary NO. 02-1560 A. Valuation Date October 1, 2002 October 1. 2002 ~efore, Chen~es ERIP B. ARC to Be Paid During Fiscal Year Ending 9i3012003 9/30t2003 C. Assumed Date of Employer Contrib. 10t 1512003 10115t2003 D. Annual Payment to Amortize Unfunded Actuarial Lia0ility $ 233,374 $ 413,016 E. Employer Normal Cost 1,538,895 1,412,360 F. ARC if Paid on the Valuation Data: D+E 1,772,269 1,825,376 G. ARC Ac:ljustecl for Frequency of Payments 1,929,458 1.967,276 H. ARC as % of Cover~ Payroll 26.14 % 30.26 % I. Assumed Rata ~ Increase in Cover~l Payrcll to Conlributi~n Year 0.00 % 0.00 % J. C~vered Payn=lt for Co~,tr~ution Year 7,382,088 6,567,684 K. ARC for Contribution Year:. H x J 1,929,458 1,987'.276 L. Estimate of State Revenue in ContributJon Year 443,454 443,454 M. Required Eml~lOy~ Contribullon (REC) in Contribution Year 1,486,004 1,543,822 N. REC as % of ~ Payroll in ContributionYeer:. M*-J 20.13 % ' 23.51% A. Valuation Oate Octol3er 1, 2002 October 1,200?. Before Change~ ER/I= B. Actuarial Present Value of All projected Benefits for 1. Acltve Members a. Service Retirement Benefits $ 24,538,122 $ 17,605,690 b. Vesting Benefits 4;Z3,469 362,684 c. Disability Benerf~s 1,43;Z, 154 1.306,918 d. Preretirement Death Benefits 415,709 350,492 e. Return of Member Contributions , 338~656 f. Total 27.148,110 ;~0,020,753 2. Inactive Members a. Sen~ice Retirees & Beneficiaries 18,755,683 18.755,883 b. Di~at~i#ty Retirees 3,123, 0g I 3,123,091 c. Terminated Vestac~ Members 577,7'62 10,490,404 ¢!. Total 22.45~,736 32,389,378 3. Total for Ali Members 49,604,846 52,390,131 C. Actuarial Accrued (Pa~t Service) Uability per GASB No. 25 40,604,148 43,332,102 O. Actuarial Value of A~ulated Plan Benefits per FASB No. 35 35,236,404 NA E. Plan 1. Martyr Value 26,777,811 26,777,811 2. Actuarial Value 32,133,373 32,133,373 F. Actuarial P~nt Value of I~'otectad Covem¢l !~1 52,914,50~] G. Aetue~'~ Pmeent Value of Proiected Memb~ Cont~i~ 3,704,016 3,648,685 A_ Valuation Date t October 1, 2002 October 1, 2002 ~efore Changes ERfP Actuarial Present Value of Projected B. Benefitsi $ 49,604,846 $ 52,390.131 C. Actuanal Value of Assets 32.133,373 32,133,373 O. Unfunded Actuarial Accrued Liability 3,371,705 6,099,659 E. Actuarial Present Value of Projected Member Co~,tributions 3.T04.016 3,648.685 F. Actuarial Present Value of Projected Employer Normal Costs: B-C-O-E 10,3~5,752 ~ 0,508.414, G. Actuarial Present Value of P¢ojectecl Covered Payroll 52,914,509 52,124,080 H. Employer Normal Cost Rate: F/G 19.65 % 20.16 % I. Covered Annual Payroit 7,382,088 6,587,684 J. Employer Normal Cost: H x I 1,4,50,580 1,324,045 K. Assumed Amount of Administrative Exoenses 88,315 88.315 L. Total Employer Normal Cost:. J+K 1,538,895 1,412,360 M. Em;l~ Normal Cost as % of Covered l~yro~ 20.85 % 21.50 % III ! I Number 119 11 g Coven~ Annual Payroll $ 7,38;2,088 $ 6,567,684 Average ~,nnuel Payroll $ 62,034 $ 55,191 Average Age 36.0 33.7 Average I=ast Service 7.7 Average Age at Hire 25.3 28.8 Number 54 54 Annual Benefits $ 1,789,409 $ 1,789,409 Average Annual Benefit $ 33,137 $ 33,137 Average Age 53. ? 53.7 Number 1 $ 16 Annual 8enefit~ $ 328,596 $ 328,596 Average Annual Benetlt $ 20.537 $ 20,537' Average Age 52.7' 52.7 Number 5 26 Annual Benefits $ 72,008 $ 1,132,982 Average Annual Bener~ $ 14,402' $ 43,576 Average Age 39.5 42.2 CITY OF BOYNTON BEACH PENSION SYSTEMS Irtitial Effects of Early Retirement Incentive Plan Assuming All Eligible EmoIoyee~ Elect to Retire A. Numoer of Employees Electing ERIP 53 21 lg 93 19. Increase in Annual City Pension Cost $ 125,154 $ 57,818 $ 103,366 $ 286,338 C. Oecrease in Annual Payroll 761,000 814,00C 852,000 I:). Net Cost (Savings) -- 8-C (635,846) (756,182) (748.634) (;Z, 140,662) AJeumDtiona The City will hire as many new employees as tl~e n~mber who retire. The City will promote as many remaining employees as the number wl~o retire. Pay will ~ncraase by S% clue to the promotions. Offer Coe~lSavinge The figures above do not take into acco, mt costs or savings in other areas, sucl~ as, Social Security taxes, vacation ~3ay, longevity ~,ay, etc. The C4ty'$ continuation of health insu,-tnce premium payments over the next 3 years is also ncr reflected. Prepared by Gabriel, Reader, Sm,tn an(3 Company October 17. 2003 GABRIEl. ROED~P.. SMITH & COMPANY 301 Ea~ t.as Ola~ ~lvd.. Su~,e 200 * ~. L,~e~cs, e. ~L, ~0~-~ · 9~-~27. ~ ~I~ · ~ ~-5~ O~o~r 1 7, ~3 ~. ~am ~O~. P~si~ Admi~s~ ~t~ 8~ ~re~tem Pension ~a~ 1~ N.E. ~d Argue Re: ~m~h~m P~n Fund ~ar ~ ~~. ~ fl~ ~r~ ~ ~d~ A~ Im~ ~~t ~ ~e pro~ Ea~ ~m~t In~ P~mm (E~P). U~ ~ ~P, fi~ntem ~ ~ 15 or mom ~am of se~ as ~ ~ a~ am ~in 3 ~m of easy or n~al ~~t ~ ~ ef~ib~ to ~ve an i~ ~ a~ ~or ~ui~nt to 3 e~ y~rs of ~/~. We ~l~e ~r q~ a~ ~m~. J. S~p~ ~lmqu~ ~: Drone ~e CITY OF BOYNTON BEACH MUNICIPAL FIREFIGHTERS PENSION FUND Impact Statement - October 17, 2003 Description of Amendment A~ Eady Retirement incentive Plan (ERIP) would t:)e established. Uncler the F. RIP, flreflghters w+~o have 15 or more years of serwce as of 9/30/04 an<3 are within 3 years of early or normal re[ireme~ would be eligible to receive an increased benefit accrual factor equ/vatent to 3 extra years of cr~itecl service. o Those wtx3 elect to retire under the ERIP will also benef'~ from the City's continuation of payment of heal~ insurance premiums for t~ea years S:nce this benefit !$ no! ;:~art of the Pension Fu~,d, the Iml3act Statement ~ce$ reflect the payment of such premiums. Funding Implicationl of Amendment An actuaria~ cost estimate is attached. The amendment would increase the re~luired eml31oyer contnt~tion by $103,366 if all eligible members actually retire. Certification of Administrator I believe the amendment to be in compliance with Pad VII, Ctlapter 112. Florida Statutes and Section 14, Article X of the Constitution of the State of ~"loricla. F~r the Board of Trustees aa Plan Administrator SUPPLEMENTAL ACTUARIAL VALUATION REPORT Plan City of Boynton Beac~ Municipal Fireflghters' Pension Trust Fund Valuation Data October 1, Z002 Date of Report October 17. 2003 Report Requested by Board of Trustees Prel;amd by J. Stet3hen Palmquist Group Valued Active and inactive firsflghters. Plan Provlaions B~Mg Conllder~d fo~ Change o An Early Retirement Inc~f~tive Plen (ERIP) would I:e estal:)lished. Under me ERIP. flrlflghters who hav~ 15 or more year~ ~ sire. c4 as of 9/30/04 and are within 3 years of early or normal retirement would be eligible to receive an increased I:mneflt accrual factor ecluivalent to 3 ex~a yearn of c~<lilad set, ce. o Those who elect to relJre under the ERIP will also benefit from the City's continuation of' I~/ment of heal~ insumflce premiums for three years. Since ~his benefit is not part of ~ i:~r~ion Fund. ~e !ml~act Statement <X>es not refl~'t the payment of such premiums. All active flrMIghtars wi'to have not retir~l er enters! the DROP. Same a~ Octol=lr 1, 2002 ACtLmdal Valuation Relx, t ~th these excel3tio~s: o 100% of the 19 eligible membem will actual~ retire. o Them wil be a number of new hires eclual to the number of members who retire. o Them would be a numl:~r of promotions equal to the number of members who rllill. Ttlole promote<l would be lt~ removing highest pa~d parficipents, and thal~ raise would be 5% of ~Y. Some of the key assumptions/methods are: Investment return - 8.5% per year Salary increase - 6.5% per year Cost Method - Frozen Ent~/Age Amortiz.tion Padod for Any Increase in Actuarial Accrued Liability 30 year~ Summary of 0~1 Used in Report See a~ac~ed page. Actuarial Impact of Proposal(s) See attached page(s). The pro~3osal would increase the required emDIoyer contribution by $103.366 if all 19 eligible members retire. Covered payrotl woulcl decrease by about $852,0O0. Special Risks Involved With the Propcmal That the Plan Has Not Been ExDosed to Previously None° Other Cost Considerations The cost associated with the ERIP W~il vary based on the number of flrefignte~s w~o elect to participate. Possible Conflict~ WlU1 IRS Qualification Rule~ None A. Valuation {:)ate October ~. 2002 October 1,200Z Before Changes ERIP 8. ARC to Be I=aid During Fiscal Year EnQing 9/'$0/2003 9/30i~003 C. Assure ed 13 ate of Em ployer Contfib, 10I 1512003 10tl 5/2003 D. Annual Payment to Amortize Unfunded Actuarial Lfabilky $ 292,184 $ 496,007' E. Employer Normal Coat 956,733 847,856 F. ARC if Paid on the Valuation Date: D+E 1,246,917 1,343,863 G. ARC Adjusted for Frequency of Paym ants i, 359,690 1,463,055 H. ARC as % of Covered Payroll 26.44 ~/ 34.10 I. Assumed Rate of Increase in Covered Payroll to Contribution Year 0.0C % 0.00 j. Covered Payroll for Contribution Year 5,143,44~6 4,2g0,982 K. ARC for Con~bution Year'. H x J 1,359.690 1,463,056 L. Estimate of State Revenue in Contribution Year 463,290 483,290 M. Required Employer Contribution (REC) in Contribution Year 896,400 999,766 N. REC aa % of Covered Payroll in Contribution Year:. M ~- J , 17.43 ~/< 23.30 Before Changes B. Actuanal Present Value of All Projected Benefits for 1. Active Members a. Service Retirement Benef'~s $ 21,260,258 $ 13,332,347 b. Vesting Benefits 1,207,337 1,200.096 c. Disability Benef'ds 917,329 880,863 d. Preretirem ant Dea;h Beneff:s 275,065 232,813 e. Return of Member Contributions 119.558 161,654 f. Total 23,7'79.547 15,807,773 2. Inactive Mom 0em a. Service Retirees & Beneficiaries 21,929,364 21,929,364 b. Disability Retirees c. Terminated VesteC Members 852,264 12,871,337 d. Total 22,781,628 34,8l~0,701 3. Total for All Mom bef3 46,561,175 50,608,474 C. Actuarial A{=cru~<:I (PaSt Service) Liability per GASB No. 25 39,432,154 42.341,510 D. Actuarial Value of Accumulated Plan Benefits per FAS8 No. 35 35,5C9,00l~ NA E. Plan A~set~ 1. Market Value 30,440,069 30,440,069 2. Actuarial Value 33,877,028 33,877=028 F. Actuarial Present Value of Projectect Covered Payroll 38,370,194 41,681,676 G. Actuarial Prese~,t Value of Projected Ma~ bar Contributions 2,685,913 2, g 17, 717 0. Actuarial Present Value of Projectecl Benefits $ 46,561,175 $ 50,608,474 C Actuarial Value of Assets 33,877,028 33,877,028 O. Unfundect Actuarial Accrue¢l Liability 3,493,416 6,402,772 E. Actuarial Present VakJe of Projected Mem bar C ontribudons 2,685,913 2,917,717 F. Actuarial Present Value of Projected Employer Norm at Co~t~; B-C-O-E 6,504,818 7.410,957 G. Actuarial Present Value of Projected Covered Payroll 38,370,194 41,681,676 H. Employer Normal Cost Rate: FIG 16.95 % 17.78 L Covered Annual Payroll 5,143,446 4,290,982 J. Employer Normal Cost: H x I 871,814 782,937 K. Assumed Amount of.N3ministrative Expenses 84.919 84,gl g L. Total Employer Normal Co~t: J+K 956,733. 647,856 M. Employer Normal Cost as % of Covered Payroll 18.60 % 19.76 I Before Changes ~ft~r Chan~es Number 83 83 Covered Annual P ay~oll $ 5,143,446 $ 4,Z90.982 Average Annual Pa¥roil $ 51 ,g69 $ 51.699 Average Age 37.5 33.7 Average Past Service 9.6 5.2 Average Age at Him 27.9 28.5 Numl~er 55 55 Annual 8anefits $ 2,075,066 S 2,075,066 Average Annual Benefit $ 37,7Z8 $ 37,728 Average Age 56.9 56.9 Number 0 0 Annual Benefits $ 0 $ 0 Average Annual Benefit $ 0 $ 0 Average Age 0.0 0.0 Numbs' 5 24 Annual Bertefit~ $ 87,714. $ 1,404,256 Average A~nuel Benefit S 17,543' $ 58,511 Average Age 42.7 44.6 CITY OF BOYNTON BEACH PENSION SYSTEMS Initial Effects of Early Retirement Incentlve Plan Assuming Ail Eligible Employees Elect to Retire A. Number of I~mployees Electing ERJP 53 I B. Increase in Annual I C~ty Pension Cost $ !25,154 $ 57,818 $ 103,366 [ $ 286,338 C. Decrease in Annual Payroll 761,00~ 814,000 852,000 2,427,00(] ~. Net Cost (Savings) · 8-C (635.848) (756,182) (748,634) (2,140,662) The City will I~ire as many new emi~loyees as the number who retire. The C~ty will promote aa many remaining eml~loyees as ~e number who retire. Pay will increase by 5% clue to ~e promoticns. Other Co~t~Savings The figures ab(we do not take into account costs or savings in other areas, such as. So.iai Security taxes, vacation pay, langevity pay. etc. The City's cx3ntinuation of I~ailll inauranca premium payments over the next 3 years is also not reflected. Prepared by Gabriel, Roeder, Smith anti Company October 17, 2003 EXHIBIT "B" AGREEMENT FOR PARTICIPATION IN EARLY RETIREMENT INCENTIVE PROGRAM WAIVER OF RIGHTS THIS AGREEMENT for Participation in Early Retirement Incentive Program (hereinafter referred to as Agreement) is entered into between the City of Boynton Beach, Florida (hereinafter referred to as City) and (hereinafter referred to as Employee), this __ day of ,200 . WHEREAS, the City has announced an early retirement incentive program which provides incentive benefits for participation; and WHEREAS, the City has prepared and distributed a Program Commencement Notice and a information Fact Sheet setting forth the terms and conditions for participation in the Early Retirement Incentive Program; and WHEREAS, the Employee has been provided with a copy of the Program Commencement Notice-and Information Fact Sheet setting forth the terms and conditions for participation in the Early Retirement Incentive Program; and WHEREAS, the Employee has been advised that the Employee has up to forty-five (45) days in which to consider the terms and conditions of this Agreement; and WHEREAS, the Employee has acknowledged understanding of the benefits associated with the Early Retirement Incentive Program; and WHEREAS, the employee has been advised to consult with an attorney prior to the execution of this Agreement and has had such oppommity; and WHEREAS, the Employee is eligible for participation in the Early Retirement Incentive Program based upon the Employee's years of service and age; NOW, THEREFORE, the City and the Employee, in exchange for the mutual covenants expressed herein and which are derived from the creation of and participation in the Early Retirement Incentive Program agree as follows: 1. All representations and statements set forth in the foregoing Whereas clauses are true and correct and constitute material representations of each party to the other. 2. The Employee agrees to participate in the Early Retirement Incentive Program. 3. The last day of employment of Employee with the City of Boynton Beach is , a date which has been approved by the City Manager. 4. The City will credit the Employee, who has a minimum of 15 years of credited service and who is within three years of normal or early retirement, either three years to the C ~:)oounents and Se~ings\lamannar. CITY'Zocal Settings',Teml~oraty Interact Files~OLKI20~ERIP Pnclm~e 100703 doc employees' time of service or age or both so that a minimum criteria for normal or early retirement is satisfied. When necessary to fully vest an employee in the police or fire service for years credited pursuant to this incentive, but not actually served or rendered, the pension administrator and the plan actuaries shall provide a benefit calculation factor for such police or fire employee which, when applied, result in the employee receiving the full retirement benefit set forth herein, without offset or penalty. 5. Non Police/Fire employees retirement cap is 75% of Final Average Compensation. Any employee who elects to participate in the Early Retirement Program may not receive time that would cause them to exceed the 75% cap. 6. Non Police/Fire employees who elect to participate in the Early Retirement Program and who doe not meet Normal Retirement criteria will be assessed a 3% penalty for each year they do not meet normal retirement criteria. 7. Employee shall receive any payment for any unused annual leave and/or sick leave in accordance with current City policy. The total cost of the pay-out will be added to the employees gross wages for pension calculation purposes. However, the actual pay-out will be made in three (3) equal installments. The first installment will be on the retirement date set forth in paragraph 3 above. The second installment will be paid on December 1, 2004. The third installment will be paid on December 1, 2005. 8. Employee must complete all termination clearance procedures established by the City prior to the receipt of final payment from the City. 9. The City shall continue to pay medical coverage premiums for the Employee until the end of the month on the 3rd anniversary of employees retirement date. The Employee may continue participation in the medical plan offered by the City on the date stated above, but such continued participation shall be at the sole expense of the Employee. The current monthly premiums are as follows: Health HMO PPO-$100 ded. Single Coverage $386.76 $386.76 Employee plus spouse $690.21 $690.21 Employee plus children $636.30 $636.30 Employee plus family $799.95 $799.95 Dental insurance coverage will not be paid by the City of Boynton Beach after employee's last date of employment. If the employee wishes to continue dental insurance it will be at the employees expense. 10. The Employee will be responsible for the payment of all premiums for insurance coverage for family members other than the Employee. City will deduct the premium for additional spouse, child or family coverage for the month of retirement from the Employee's final pay check. Thereafter monthly amounts for additional spouse, child or family coverage will be deducted from Employee's monthly pension check. No notice will be sent to employee concerning payments for additional coverage. 11. This Agreement contains the entire understanding of the parties hereof superseding all communications between the parties, whether oral or written, and this Agreement may C ~)ocuments and Sellings\lan,~,mar. Cl~ Settinss\Tem~or~ry Interact File~\OLKI20~ERIP P~ckage t00703 doc not be altered, amended, or modified or otherwise changed, nor may any of the terms hereof be waived except by written instrument executed by both parties. 12. By countersigning below, Employee acknowledges that Employee understands and agrees to this Agreement and that Employee has been advised by the City to consult with an attorney regarding Employee's rights and that Employee has had the opportunity to do SO. 13. Employee releases the City of Boynton Beach, Florida, its officers, employees, trustees and agents, from and against, any and all liability or causes of action arising out of the City's offer of an Early Retirement Incentive Program or Employee's decision to participate in the program. 14. Employee acknowledges understanding of Employee's rights under the Older Workers' Benefit Protection Act and the Age Discrimination and Employment Act and waives any right or claim provided by either of those Acts against the City. 15. Employee agrees not to seek or accept reemployment with the City of Boynton Beach. 16. Employee agrees that he/she will not seek or accept promotion or transfer after executing this Agreement. 17. THIS AGREEMENT MAY BE REVOKED BY THE EMPLOYEE FOR A PERIOD OF SEVEN (7) DAYS FOLLOWING EXECUTION OF THIS AGREEMENT. THEREAFTER, THIS AGREEMENT IS IRREVOCABLE BY THE EMPLOYEE. IN WITNESS WHEREOF, the City and the Employee execute and enter into this Agreement. Witnesses as to Employee: (Print) Witness Name (Print) Employee Name Witness Signature Employee Signature (Print) Witness Name Witness Signature STATE OF FLORIDA COUNTY OF PALM BEACH On this ~ day of ,200_, before me, the undersigned Notary Public of the State of Florida, personally appeared and whose name is Subscribed to the within instrument, and he/she acknowledged that he/she executed the same. C:~Docurnen~ and Se~in~s\lamannar. CITY'~ocal Se~tings\Tempor~7 lnter~q Files\OLKI20~ERIP Pa~ka~ 100703 ~o~ WITNESS my hand and official seal. Notary Public - State of Florida (Seal) ~ Personally known to me Produced Identification: EMPLOYER/CITY OF BOYNTON BEACH: Attested to: Mayor City Clerk City Manager C ~2)ocurnems and Se~:in~\lamannar. CITY'~ocal Settm~\Temtxn'a~ Imernet File~\OLKI20~.RIP Plw. kage 100703.doc EXHIBIT "C" CITY OF BOYNTON BEACH EARLY RETIREMENT INCENTWE PROGRAM COMMENCEMENT NOTICE The City of Boynton Beach, Florida announces an Early Retirement Incentive Program. This program is available' for participation by Full-Time Employees who, on September 30, 2004, will be within three years of normal or early retirement and have attained at least 15 years of service. The City has prepared an Information Fact Sheet which provides a detailed overview of the program. The City has prepared an Agreement For Participation in Early Retirement Incentive Program and Waiver of Rights form which interested Employees will be required to sign to participate in the program. Both the Information Fact Sheet and the form Agreement are available for review and may be obtained from the Finance Department. Eligible employees who wish to participate in the Early Retirement Incentive Program must execute an Agreement for Participation and Waiver of Rights by 5:00 P.M., on January 23, 2004. DATED: December 1,2003. C hOocurn~nt~ and Se~in~\lamannm' Cl'r¥~.oc~ S~Im~\Tem~or~ry lnt~m~ FiI~\OLKI2OkERIP P~.,ka~c 100703 dm: EXHIBIT "D" CITY OF BOYNTON BEACH EARLY RETIREMENT INCENTWE PROGRAM ACKNOWLEDGEMENT OF RECEIPT OF PROGRAM COMMENCEMENT NOTICE AND INFORMATION FACT SHEET The Undersigned, a current employee of the City of Boynton Beach, Florida, acknowledges, that he/she: 1. Was given a PROGRAM COMMENCEMENT NOTICE, INFORMATION FACT SHEET, AGREEMENT FOR PARTICIPATION IN EARLY RETIREMENT INCENTWE PROGIL~dVI AND WAIVER OF RIGHTS, and DECLINATION TO PARTICIPATE form, describing the Early Retirement Incentive Program being offered by the City of Boynton Beach. 2. Was advised that he/she may have fights which are protected under the Older Workers' Protection Act or the Age Discrimination in Employment Act. 3. Was advised to consult with an attorney prior to executing an Agreement For Participation in Early Retirement Incentive Program. 4. Was advised that he/she may have up to forty-five (45) days to consider the Agreement For Participation in Early Retirement Incentive Program. 5. Was advised that he/she may revoke his/her Agreement For Participation in Early Retirement for a period of seven (7) days following execution of the Agreement. 6. Is aware that he/she may not seek or accept a promotion following execution of the Agreement for Participation IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of , 200 . Signed, sealed, and delivered in the presence off WITNESSES: (Witness Signature) (Employee Signature) (Print Name of Witness (Print Name of Employee) (Witness Signature) (Print Name of Witness) C:~)ocume'nts and Se~ings\lnrrmnna~ CI~ Settings\Ten~orm'y lntera~ File~\OLKI20~EKIP Pnckage 100703 doc EXHIBIT "E" CITY OF BOYNTON BEACH EARLY RETIREMENT INCENTIVE PROGRAM FACT SHEET FACT SHEET Based on the City's current staffing needs and requests of employees, the City is offering an Early Retirement Incentive Program (ERIP). Eligible employees are not required to accept the offer and participate in the program. WHO IS ELIGIBLE? Any full-time employee who, on September 30, 2004, will have been a full-time employee for a minimum of fifteen years and is within three (3) years of normal or early retirement. In order to participate an eligible employee must execute an Agreement for Participation and Waiver document by 5:00 P.M., on Monday, January 23, 2004, designating a last day of employment, not earlier than April 30, 2004, and not later than September 30, 2004. The actual retirement date must be approved by the City Manager who shall take into consideration the operational impact on the department from which the employee is retiring. An employee who elects to receive the Early Retirement Incentive Program cannot also participate in the Deferred Retirement Option Plan. HOW WILL IT WORK? If you are eligible to participate in the program and elect to do so, you will receive: Three (3) years added to your years of service time and/or years of age. In no event will the additional years service or age exceed three (3) total years. (General Employees for example, i.e. If you have 15 years of service and you are age 59, 3 years would be added to your age; if you have 22 years of service and are age 55, 3 years would be added to your years of service; if you have 15 years of service and are age 62, 3 years would be added to your years of service. At no · time will additional service time be added that would give the employee more than 75% of their final average compensation. For Police and Fire only, the pension administrator and the plan actuaries shall provide a benefit calculation factor, when applied, will result in the employee receiving the full retirement benefit set forth herein, without offset or penalty. · The City of Boynton Beach will continue to pay health insurance at the single coverage rate for 1095 days following the employees actual day of retirement for all employees who elect to participate in the early retirement program. Dental insurance coverage will not be paid by the City after employees last date of employment with the City. C:~}ocumen~ and Se~in~s\lamannar. Cl~ S~tings\Tem~ora~y Inteanei FiIes~OLKI20~ERIP Package 100703 doc IS THIS A ONE TIME OPPORTUNITY? At the time, the City does not anticipate offering this program again. HOW LONG DO I HAVE TO MAKE A DECISION? You will have up to 45 days from the date of formal notification, December 1, 2003, to accept or reject this offer. If you elect to participate, by signing an Agreement for Participation and Waiver, you will have an additional seven (7) days following signing to notify the City that you revoke your decision to participate. SHOULD I SEEK LEGAL AND FINANCIAL ADVICE BEFORE I MAKE MY DECISION? Yes, you should seek the advice of legal and financial counsel before accepting or rejecting this offer. WILL I BE REQUIRED TO SIGN ANY TYPE OF WAIVER TO ACCEPT THE PLAN? Yes, you will be required to sign an Agreement for Participation in Early Retirement which includes a Waiver and a general release of all claims against the City. A copy of the Agreement for Participation in Early Retirement is available for your review. CAN I REVIEW THE AGREEMENT, RELEASE AND WAIVER NOW? Yes, the documents have been released and are available in the Finance Department. WHERE CAN I GET MORE INFORMATION? You should contact either of the following individuals: Diane Reese, Finance Director (561) 742-6312 Barbara LaDue, Pension Administrator (561) 742-6081 BY SIGNING THE AGREEMENT FOR PARTICIPATION IN THE EARLY RETIREMENT INCENTIVE PROGRAM AND WAIVER OF RIGHTS, IS AN EMPLOYEE WAIVING WORKERS' COMPENSATION CLAIMS? No. The Waiver contained in the Agreement is a waiver of age discrimination claims only. An employee does not waive claims arising from Workers' Compensation claims. BY SIGNING THE AGREEMENT FOR PARTICIPATION IN THE EARLY RETIREMENT INCENTIVE PROGRAM AND WAIVER OF RIGHTS, IS AN EMPLOYEE WAIVING WAGE AND HOUR MATTERS? C:'~Docurnen~ and Se~ings'damnnn~'.CITY'~Local semngs\Tempor~Y Interact Files\OLKI20~ERIP Pa~e 100703xk~ No. The waiver contained in the Agreement is a waiver of age discrimination claims only. An employee does not waive claims arising from wage and hour matters. WHAT IF INSURANCE PREMIUMS INCREASE AFTER AN EMPLOYEE'S RETIREMENT DATE? For the first three (3) years after the retirement date the City pays the full premium for the employee coverage, regardless of whether it increases, decreases or remains the same. The employee is responsible for payment of all of the premiums for dependent coverage whether it increases, decreases or remains the same. BY SIGNING THE AGREEMENT FOR PARTICIPATION IS THE EMLOYEE PROHIBITED FROM SEEKING OR ACCEPTING PROMOTIONS OR TRANSFERS? Yes. No employee, after signing his/her Agreement for Participation, may seek or accept a promotion or transfer to another position. IMPLEMENTATION DATES: OFFER OF PROGRAM December 1, 2003 LAST DAY TO SIGN AGREEMENT TO PARTICIPATE January 23, 2004 EARLIEST RETIREMENT DATE April 30, 2004 LAST DAY OF EMPLOYMENT September 30, 2004 C XDoc~ts and Setlings\lamannar, Cl'rY~Loc~ Settmgs\T~ra~ lnternet Files"OLKI20'~ERI~ Pne. kage 100703 do4~ EXHIBIT "F" CITY OF BOYNTON BEACH EARLY RETIREMENT INCENTIVE PROGRAM EMPLOYEE DECLINATION TO PARTICIPATE IN THE CITY OF BOYNTON BEACHS' EARLY RETIREMENT INCENTIVE PROGRAM The undersigned, a current employee of the City of Boynton Beach, Florida, acknowledges that after receipt and careful review and consideration of the PROGRAM COMMENCEMENT NOTICE and INFORMATION FACT SHEET describing the Early Retirement Incentive Program dated ., (the "program"), being offered by the City of Boynton Beach, the undersigned has decided not to accept the Program. IN WITNESS WHEREOF, I have hereunto set my hand and seal this __ day of , 200 . Signed, sealed and delivered in the presence of: WITNESSES: Witness Signature Employee Signature Print Name Print Name of Employee Witness Signature Print Name DATED: C \I)o~ument~ and Se~tings\lamannar CITY'Local Se~tings\Temporar~ inte~n Files~OLK120~EKIP Package 100703 doc