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Agenda 02-03-04 The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA FEBRUARY 3, 2004 Jerry Taylor Mayor At Large ~ ~ , Bob Ensler Commissioner District, _~//..1~.~ Mack McCray Commissioner District ,, -,--..- / ~ ~ ~,s~,~ / Mike Ferguson Vice Mayor ~ , IDI ~TRI~TJIi / Gommissionor ~[strict IV Gi~ Mana~or / l l ~ ' 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 PUBLIC PARTICTPATION AT CITY OF BOYNTON BEACH COMMISSTON MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. · ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person 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 FebFuary 3, 2004 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation- Moment of Silent Reflection C, Pledge of Allegiance to the Flag led by Commissioner McCray D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: 1. March 2, 2004 City Commission Meeting Cancelled B. Community and Special Events: 1. HeritageFest - February 3 - February 29, 2004 C. Presentations: 1. Proclamations: a. HeritageFest Month - February 2004 b. Library Appreciation Month - February 2004 2. Presentation of check to the Juvenile Diabetes Foundation by Fire Chief William L. Bingham on behalf of the Boynton Beach Firefighter Benevolent Association Agenda Regular City Commission Meeting Boynton Beach, Florida February 3, 2004 ZV. PUBLZC AUDZENCE: ZND/VZDUAL SPEAKERS WZLL BE LZMI'rED TO 3-MZNUTE PRESENTATZONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) V. ADMZNZSTRATIYE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Dat~ IV McKoy Advisory Bd on Children & Youth Alt 1 yr term to 4/04 Tabled (2) Mayor Taylor Advisory 8d on Children & Youth Stu/NonVoting 1 yr term to 4/04 Tabled (2) II! Ferguson Advisory Bd on Children & Youth Stu/Voting 1 yr term to 4/04 Tabled (3) Mayor Taylor Education Advisory Board Stu 1 yr term to 4/03 Tabled (2) IV McKoy Nuisance Abatement 8oard Reg 2 yr term to 4/05 Tabled (3) Mayor Taylor Nuisance Abatement 8oard Reg 2 yr term to 4/05 Tabled (3) ! Ensler Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) VZ. 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 January 16, 2004 2. Regular City Commission Meeting of January 20, 2004 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget 1. Award "TWO YEAR CONTRACT FOR SUPPLY AND INSTALLATION OF WATER SERVZCE CONNECTZONS AND RESTORATION," Bid #022-2821-04/.1A to LINE-TEC, INC., for an estimated annual expenditure of $310,000 2. Award the "THREE YEAR CONTRACT FOR BANKING SERVICES," RFP #008- 1410-04/C,1D to BANK OF ANERZCA with an estimated annual expenditure of $24,588 (Pr~x~s~-~ Resolutio, No. 04-017) Agenda Regular City Commission Meeting Boynton Beach, Florida February 3, 2004 C. Resolutions: 1. Proposed Resolution No. R04-018 Re: Re: Ratification of South Central Regional Wastewater Treatment & Disposal Board action of 3anuary 15, 2004: a. Authorization to enter into contract with At Risk Agreement with Widell, Inc. for Task Order C#101 in the amount of $270,891 2. Proposed Resolution No. RO4-019 Re: Contract with Palm Beach County regarding the County reimbursing the City for certain Animal Care & Control Services 3. Proposed Resolution No. R04-020 Re: Agreement for Water Service Outside the City Limits with 3ose Rodriguez for the property at 1094 Alto Road, Lantana, Florida (Lots 291 & 292, Ridge Grove Addition 1) D. Ratification of Planning & Development Board Action: 1. Venetian Villas (NWSP 03-O21), South side of Southwest 23rd Avenue (Golf Road), approximately 600 feet east of Congress Avenue - Request for new site plan approval for 50 fee-simple townhomes on a 4.69-acre parcel in an R-3 zoning district ('RET.4B~£D BY COMMISSION- O~IaO/O~) 2. Pylon Interstate Plaza (Phase II) (HTEX 03-009), 1501 Corporate Drive, immediately west of Lowes Home Improvement Center - Request for a height exception of 18 feet-7 inches to allow the peak of an elevator tower to extend above the 35-foot maximum height provision in the Office Professional C-1 zoning district 3. Boynton Place (NWSP 03-025), 310 North Congress Avenue - Request for New Site Plan approval for a 7,800-square foot retail building on a 0.75-acre parcel in a C-3 zoning district 4. Calvary Chapel of Boynton Beach (SPTE 03-007), 3190 Hypoluxo Road, West of Congress Avenue, South of Hypoluxo Road - Request for a second, one (1) year time extension of site plan approval originally granted on December 4, 2001, extending the approval from December 2003 to December 4, 2004 (the first time extension extended site plan approval from the original expiration date of December 4, 2002 to December 4, 2003) 5. Boynton Commerce Center (USAP-03-O05), 1800, 1900, 2000, 2100 Corporate Drive - Request for Use Approval to include "building cleaning Agenda Regular City Commission Meeting Boynton Beach, Florida February 3, 2004 and janitorial services" in the list of permitted uses in the Boynton Commerce Center PID E. Ratification of CRA Action: None F. Approve release of Letter of Credit #151261785 (Fleet National Bank) for B.l's Wholesale Club, Inc. in the amount of $25,000 G. Approve full release of surety for project known as Alta Chase and returning letter of credit No. SM417953C from Wachovia Bank to the developer (WP South Builders, LLC) H. Approve the "Surplus Computer Equipment" (Desktops & Laptops) as submitted by the Warehouse and allow for the disposal of same V~Z. CODE COMPLTANCE & LEGAL SEITLEMENTS: None VITZ. PUBL/C HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. _Project: Dance Studio in M-1 ..... High Ridge Commerce Center Ii (CDRV 03-005) Agent: Penni Greenly, Southern Dance Studio Location: Citywide Description: Request to amend Chapter 2, Zoning, Section 8.A.1.d.(9) to include dance instruction as a permitted use in the M-1 zoning district (:L'~ reading of Proposed Ordinance No. 04-002) B. Project: Quantum Park Townhomes East/West (ABAN 03-013) Agent: Paul Romanowski, D.R. Horton, Inc. Owner: Paul Romanowski, D.R. Horton, Thc. Location: North of Gateway Boulevard; East of Congress Avenue Description: Request for abandonment of a portion of the Quantum Boulevard right-of-way in connection with replatting and site plan approval for 271 townhomes and related site improvements C. Project: Pylon Interstate Plaza (Phase II) (COUS 03-009) Agent: Steven L. Cohen Owner: Chamber Properties, LLC ....... LocaUon: 1501 Corporate Drive, immediately west of Lowes Home Improvement Center Description: Request for Conditional Use/new Site Plan approval to construct a 29,419-square foot, 2-story office building Agenda Regular City Commission Meeting Boynton Beach, Florida February 3, 2004 D. Intentionally letl blank E. Notice of Intent (Resolution No. R04-016) to adopt pending Land Development Amendment - Infill Planned Unit Development (IPUD) IX. CITY MANAGER'S REPORT: A. Commission consideration of the Basis of Design Review packet information for the West Water Treatment Plant Expansion bid phase B. Presentation of the Ocean District Community Redevelopment Plan X. FUTURE AGENDA 1'rEMS: A. Discussion of Cemetery Expansion into Little League Park (February 17, 2004) B. Strategic Planning Session (February 27, 2004) C. Joint City Commission/CRA Workshop (March 15, 200,; - 6:30 p.m.) D. Additional Property Tax Assessment Exemption for Income Eligible Senior Citizens per FSS 196.075 (May 2004) E. Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance (TBA) F. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) G. Proposed Lease Agreement with Boynton Woman's Club (TBA) X/. NEW BUSINESS: None XII. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING None B. Ordinances - ist Reading None Agenda Regular City Commission MeeUng Boynton Beach, Florida February 3, 2004 C. Resolutions: None D. Other: 1. City Attorney briefing on quasi-judicial board and hearing procedures 2. Private meeting to discuss: City of Boynton Beach, Petitioner, vs. Janet Hall, et al., Respondents Case No. 2003 CA 005485 AE 3. Public discussion and action on proposed settlement regarding City of Boynton Beach, Petitioner, vs. Janet Hall, et al., Respondents Case No. 2003 CA 005485 AE XTZT. UNFZNZSHED BUSINESS: A. CRA Fa~;ade Grant for Boynton Delray Academy Xl~/. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WiTH RESPECT TO ANY MAURER CONSIDERED AT THIS MEETING, HE/SHE WILl. NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSEt HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADEt WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL w]-rH A DISABILITY AN E~UAL OPPORTUNITY TO PARTICIPATE IN AND EN]OY THE BENEFITS OF A SERVICEt PROGRAMt OR ACTIVITY CONDUCTED BY THE C~I'Y. PLEASE CONTACT ]OYCE COSTELLO~ (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CTrY TO REASONABLY ACCOMMODATE YOUR RE(~UEST. bg FINAL AGENDA 2/2/2004 11:03 AM S:\CC\WF~CCAGENDA~GENDAS\YEAR 2004\020304 FINAL AGENDA. DOC [ZL-ANNOUNCEMENTS & PRESENTATTONS CITY OF BOYNTON BEA( Item C.l.a AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Tumed 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 [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December l, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (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: Present Proclamation EXPLANATION: February is Black History Month and in keeping with its mission to inform the public of the ties that bind the African-American community together through the enjoyment of arts, education and pride in African-American accomplishments and heritage, the City's HeritageFest Committee has put together a month long list of activities designed not only to celebrate culture and the family but also to recognize and reward the hard work of young people in the community. This Proclamation will signal the start of HeritageFest. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Not present Proclamation ~ ~ 0~ Depa~men~ead's Signature City Manager's Signature Public Affairs Department Name City Attorney / Finance / Human Resources gg :01 WV gl NVI" hO HOV3B NOINJkO8 JO ~kllO S:~BULLETINLFORMSL&GENDA ITEM REQUEST FORM.DOC African-Americans have contributed immeasurably to the richness of our dynamic, multicultural society. They embody our Nation's core values, including devotion to family, commitment to hard work and pride in their heritage, and have added to every aspect of our ~national life. February is Black History Month. In keeping with its mission to inform the public of the ties that bind the African-American community together in Boynton Beach, the City's HeritageFest Committee has put together a month long list of activities. These family-oriented events, which encompass the arts and education and demonstrate pride in African-American accomplishments and heritage, are designed not only to celebrate culture and diversity but also to recognize and reward the hard work of young people in the community. HeritageFest provides an interactive venue at which thousands of visitors from various cultural and social backgrounds can experience the uniqueness and richness of African-American culture through food, music, entertainment programs, exhibitions and sport activities. The continued expansion of this annual event attracts thousands of visitors from throughout the region. Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim the month of February 2004 to be observed as HeritageFest Month and encourage all citizens to attend and participate in the many activities and programs offered by the HeritageFest Committee in celebration of African-American culture in Boynton Beach. 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 3rd day of February, Two thousand four. Jerry Taylor, Mayor City of Boynton Beach Al-rEST: City Clerk (Corporate Seal) Z1'L-ANNOUNCEbtENTS & PRESENTATIONS O Item C.l.b CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST Requested City Commi.~zion Date Final Form Mu~ be Turned Requmaxl City Commi~n Date Final Form Must be Turned in Meeting Dates in to City Clerk's Office Meeih~ Da{es to City Clerk's Office [] December 2, 2003 Novemberl7,2003(Noaz) [] Februaty 3, 2004 Jaaaaryl9,2004(Noaa) [] December 16,2003 I)eoanber 1,2003(Noon) [] February 17,2004 Februarye, 2004(No~) [] Jnmmry 6, 2004 ~lS, 2003(Noon) [] Ma~ch 2, 2004 Feh~m~16,2004(Noofl) [] January 20, 2004 Janunry 5, 2004 (Noon) [] Mnrch 16, 2004 March I, 2004 I--] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA iTEM [] City M~_~ger'sgoport [] Presentation [] Consent Agenda [] Public Hearing ["] Code compliance/Legal Settlemenls [] Unfinished Business RECOMMENDATION: Adopt a proclamation declaring February as Libra~ Appreciation Month. EXPLANATION: February is being observed as Ia~orary Appreciation Month in many cities and counties throughout Florida and the United States and this proclamation officially includes Boynton Beach in the observance. It also nnnoullces the kick-off of our h'brary's campaign (Love Your Library- A Place for All Reasons) to highlight all of the resources and services being appreciatively offered and usc& PROGRAM IMPACT: Thc proclamation will focus attention on the L~rary's valuable conm~outions to education, culture and the quality of life in our community. FISCAL IMPACT: No cost for the proclamation. ALTERNATIVES: Do not issue the proclamation. ~ Herd's ~l~mu~- - ' City Manager's Signature Library 'Department Name City Attorney / Finnpce / H. mnn Resources S:XB~ORMSLAGIRgDA ITEM REQUEST FORM.DOC Whereas, the Governor of Florida has proclaimed February, 2004, as Library Appreciation Month, and Whereas, the Boynton Beach City Library is our cornerstone of education and culture that positively impacts the quality of community life; and Whereas, the Boynton Beach City Library provides residents important information and resources on careers, health, finance, environment, arts, business and many other subjects to help our residents live more productive and fulfilling lives; and Whereas, the Boynton Beach City Library impacts the economic lifeblood of the community by supporting literacy projects, computer training, internet access, and other programs and resources that help our residents learn to find, evaluate and use information they require for their work, school and personal needs; and Whereas, the Boynton Beach City Library is involved with the expansion of electronic network capabilities which allows worldwide information and databases to be more easily.accessed by City library users; and WHEREAS, the libraries of Palm Beach County are united in supporting the 2004 Read Together Palm Beach County, One Book One Community program to further enthusiasm for reading; and Whereas, the community wishes to express a special sense of appreciation to the Boynton Beach City Library, for the resources and services offered to the community, and Whereas, the Boynton Beach City Library in turn wishes to express appreciation to the community for the continued support that enables the Library to continually enhance the services to benefit children, families, adults and eiders, Now, therefore, I, Jerry Taylor, Mayor of the City of Boynton Beach, do hereby proclaim appreciation for the Boynton Beach City Library and declare the observance of February as Library Appreciation Month and further proclaim the kick-off for the Boynton Beach City Library's campaign: "Love Your Library-A Place forA# Reasons.' 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 3rd day of February, Two thousand four. Jerry Taylor, Mayor City of Boynton Beach AFl'EST: City Clerk (Corporate Seal) D'I.-ANNOUNCEMENTS & PRESENTATIONS CITY OF BOYNTON BEA£ Item C.2 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 [] December 2, 2003 November 17, 2003 (Noon.) [] February 3;2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [~] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March I, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business ca AGENDA ITEM [] City Manager's Report [] Presentation '~:~ [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Check presentation to the Juvenile Diabetes Foundation from Fire Chief William L. Bin~an~ behalf of the Boynton Beach Firefighter Benevolent Association. EXPLANATION: Presentation includes proceeds from the Benevolent Association's Annual Charity Golf Toumae~mem~e'~[ on October 25, 2003. PROGRAM IMPACT: NA FISCAL IMPACT: NA ALTERNATIVES: NA Department Head'sag~gnature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSL~GENDA ITEM REQUEST FORM.DOC VI.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM B.1 AGENDA ITEM REQUEST lZuruv, Requested City Commission Date Final Form Must be Tumed 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 December 2, 2003 November 17, 2003 (Noon.) ~ February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) ,~ February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (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: Motion to award "TWO YEAR CONTRACT FOR SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION", Bid tl 022-2821-04/JA to LINE-TEC, INC., for an estimated annual expenditure of $ 310~000.00 CONTRACT PERIOD: FEBRUARY 15, 2004 TO FEBRUARY 1/~, 2006. This is a two (2) year award with provision for a one (1) additional one-year renewal at the same terms, conditions, and prices, subject to vendor acceptance, satisfactory performance and determination that renewal is in the best interest of the City. EXPLANATION: On January 7, 2004, Procurement Services received and tabulated two (2) proposals for the above mentioned bid. Both proposals were reviewed and it was determined that Line-Tee, Inc. of Boynton Beach, Florida is the lowest, most responsive, responsible bidder who meets all specifications. Line Tech Inc., has satisfactorily performed work for the City of Boynton Beach, Broward County, Palm Beach County and other local utilities. Bob Kenyon, Deputy Utilities Director, concurs with this award (see attached memo # 004-002). PROGRAM IMPACT: The purpose of this bid is to provide a two (2) year contract for the supply and installation of water service connections related to the 2" galvanized water main replacement program to include taps; service connections; placement of meter boxes; valves; service lines and restoration; along with relocation of water services, meters, and mains from rear easements to front yards at various locations within the City of Boynton Beach Utility's Service area. This bid is also used by the Parks Department to supply water connections for various irrigation needs. FISCAL IMPACT: ACCOUNT NUMBER: BUDGET ---~--~~'~-2~~~--na._#401-5000-590-96.02 ~ Deputy Director of Financial Services City Manager's Signature Procurement Services ~ Department Name City Attorney / Finance / Human Resources cc: Bob Kenyon - Deputy Director of Utilities Barb Conboy - Utilities Manager of Administration Les Sarkkinin - Utilities (Meter Service Supervisor) MEMORANDUM Utilities #04-002 TO: Bill Atkins, Procurement Services Deputy Ut~ht~es D~rector / DATE: January 12, 2004 SUBJECT: Recommendation for Award Bid #022-2821-04/JA _ Two-Year Contract for Supply and Installation of Water Service Connections and Restoration Agenda Item The water system has over 2,500 rear easement water services and several hundred galvanized water service lines that need replacement and/or relocation. These projects are expected to continue for several years and are part of our attempt to improve water volume, increase fire protection, improve water quality, and provide better access to water lines and meters. On January 7, 2004, two (2) bids were opened for unit pricing for this work. The bid from Line Tec is substantially less expensive than the other bid, and is competitively priced. Line Tec is a local contractor that has satisfactorily performed work for the City of Boynton Beach, Broward County, Palm Beach County, and other local utilities. They utilize directional boring for most pipe installation and have a good performance record. Funding for this task is available from several sources dependent on the specific task assigned. The majority if work will be charged to the Renewal and Replacement account and Utility General Reserve #401-5000-590-96.02. The cost to replace a typical 80-foot domestic service is $470.00 and includes abandonment of the rear easement services. We estimate an annual expenditure of $310,0002(J0 for these needs. Please present this request to the Commission for their approval with this bid for Line Tec as the most responsive, responsible bid. This is a two-year contract for unit pricing for the supply and installation of the water service connections and restoration including all items specified. If additional information is needed, please contact me at ext. 6402. Xc: Bob Kenyon Les Sarkkinen Barb Conboy L BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Broadcast Date (City): December 10, 2003 Bid Title: TWO (2) YEAR CONTRACT FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION Bid Number: 022-2821-04/JA Bid Received By: January 7, 2004, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: January 7, 2004, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: ~..~i ri ~,,- ~ Federal I.D. Number: 0 --~ - (2> <g t.{ '-~ A Corporation of the State of: ~'- Area Code: 5 {~ [ Telephone Number: Mailing Address: ] 2- I 0 '~ ~" City/State/Zip: '~O',9 ffq~ ~ '~ Vendor Mailing Date:], q'O~r A4th~o~ Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 15 SPECIFICATIONS FOR TWO YEAR CONTRACT FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION This specification is for the two (2) year supply and installation of water service connections and service lines, to include water taps and restoration related to the 2" galvanized water main replacement program; relocation of rear easements to front yards; and replacement of existing water mains and service connections utilizing published Utility Department Standards of Construction from the mains through the meter box and Standard Plumbing Code from the meter box through the building connection at various locations within the City of Boynton Beach Utility's service area~ Boynton Beach, Florida. Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off' sheets (Pages 3-5) with the proposal sheet in order for a bid to be considered. One set of original and two sets of copies of proposal. ~.~ The unit bid price for house water service connections at the new City installed meter and house valve includes the 1" gate valve at the house connection and sod restorations specific to each house. ~ This price will be for all labor and materials necessary to perform the installation in accordance with the Standard Plumbing Code, City of Boynton Beach Codes and Ordinances, and includes all work not paid for under separate item. Also included in the unit bid price for water service connection and restoration will be the cost for all permits outside the City of Boynton Beach. These permits will be obtained by the Contractor. The City of Boynton Beach requires one permit drawn for each installation within the City, and these fees will be waived. The Contractor shall provide all information required for the permit application. The requirement for individual site plan is waived in lieu of the typical installation site plan which you will provide with your permit application submittal. ~ All new water services will be connected at the same point of connection at the existing house valve or service point. x~' Quantities estimated at 350 services per year are provided for estimating purposes only. Payment will be based on actual installed quantities. A 12 foot wide temporary easement, the center of which coincides with the relocated water service, will be secured by the City for the purpose of this installation. The Contractor will confme his activity to within these limits. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 3 ~.~' The Contractor's entry onto the property for the purpose of this installation, will be reported to the City Utility inspector 48 hours prior to such entry. The Contractor will provide 48 hours notice to' the homeowner by door hanger stating the Contractor's intention to begin work. Information contained on the hanger will include as a minimum: Contractor's Name Name of Contractor's Representative Date of Entry Date, Time and Duration of Interruption of Water Service All work related to each installation including restoration, will be completed within ten (10) calendar days of the date of entry onto any property. The Contractor's liability insurance will be in effect for all work related to this contract. The Contractor will not store material or equipment on any of the temporary easements. Equipment and material storage within the right of way shall be with the approval of the Utility Department inspector and at the risk of the Contractor. No material will be stored in front of any residence. All trenches will provide a minimum of 12 inches cover and be a maximum of 8 inches wide and will be hand dug or performed using trenchless methodologies. No other equipment will be allowed in the yards. Any request by the property owner to either the City or Contractor that the trenches be hand dug will be honored and a walk behind trencher will not be allowed on any private properties. Contractor will provide a one (1) year warranty for all work and materials related to the water service connection, service line and restoration. A daily project inspection by the City Utility will be made and all customers will be connected to the new water service before the Contractor's quitting time. The Contractor will respond to all emergency requests within one (1) hour and non- emergencies within 24 hours. A contact phone number available 24 hours a day 7 days per week must be provided. Contractor will prepare a listing of items and quantities from the proposal page on a per property basis. This listing will be presented to the Utility Department inspector and mutually agreed upon prior to any work commencing. Bid proposal prices are valid for two (2) years with the possibility of an extension of one (1) additional year, pending mutual agreement. 4 The Contractor agrees to commence work within seven (7) calendar days after receipt of order and will complete the work within ten (10) days per individual property. The Contractor must have an Underground Utility License. PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA FOR TWO (2) YEAR CONTRACT FOR THE SUPPLY AND INSTALLATION OF WATER SERVICE CONNECTIONS AND RESTORATION The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the product/service in accordance with the specifications for the sum of: ITEM ITEM DESCRIPTION UNIT OF UNIT PR/CE NO. MEASURE 1 Furnish and install water service Each connection fi.om City installed meter to house valve (gate valve) Size 1" 2 Fumish and install 1" schedule 40 PVC Linear foot trench water pipe and sod restoration over 3 Installation of 1" meter box and lid Installation per trait ~-~ 4 Installation of 2" meter box and lid Installation per unit ~ 0 - 00 5 Furnish and install two inch corporation Installation/materials stop and saddle/less than 4' in depth per unit /--/~'0, 0 0 6 Installation and price, per foot, of 2" Installation: service line with PVC casing Price per foot: / 7' 0 0 7 Price to terminate/abandon existing Labor per unit water service Items 8-12 will be used as unit pricing for 6' DIP water lines to enhance execution of this project 8 Fumish and install 6" gate valve with Installation/materials box per unit 9 Installation and price, per foot, of 6" Installation: DIP water main installed with fittings Price per foot: /-~ 5. O 0 10 InStallation of fire hydrant assembly Installation only with 6" gate valve complete THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 11 Installation of sample points Installation only 12a *Installation of tapping sleeves and SEE NOTE valves/non-paved area 12b *Installation of tapping sleeves and SEE NOTE valves/paved area Items 1-12b will be used as bid evaluation. Items 12-20 will be used as secondary evaluation criteria. 13 AdditiOnal cost for hand digging trench Linear foot 14 Additional cost for restoration of Square foot asphalt driveways 15 Additional cost for restoration of Square foot concrete driveways/sidewalk 16 Hourly labor rate Per hour 17 Hourly rate for trencher, if needed Per hour .~ 18 Hourly rate for backhoe, if needed Per hour "75 19 Hourly rate for boring machine, if Per hour needed ~-..o~o 20 Mark up on wholesale cost for Percent Markup additional vegetative restoration (if reqUired), based on invoice provided by vendor indicating wholesale cost: *To include all labor and appurtenances normally associated with water main replacement programs. Two prices should be provided: (12a) installation in non-paved area, and (12b) installation in paved area. Both prices should include restoration to "as found" or better condition. THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 17 1210 SE 1st Street Boynton Beach, FI 33435 Office 561-374-9494 Fax 561-737-3827 Contract Bid #022-2821-04/JA Alternate Bid Items City of Boynton Beach Water Service Contract Additional services available in association with this Contract Item # Description Unit Price Furnish and install 1" corporation stop and saddle less than 4" $275.00 21 in depth. 22 Installation of 6" C900 PVC price per foot with riflings $38.00 Replacement of fire hydrant (only) with materials using existing 23 valve. $2,500.00 Installation price per foot of 2" P.E. service line without casing 24 for short side connection. $15.50 Installation of 1 1/2" or 2" ball meter valve and meter 25 connection. $250.00 26 Installation of 2" resetter (labor only) $350.00 27 Installation of 2" blow off assembly. $225.00 Installation of 2" RS gate valve and saddle complete with valve 28 box... $510.00 29 Installation of 2" backflow preventer. $575.00 30 Installation of 1" backflow preventer. $325.00 Installation price per foot of 1" P.E. service line w/PVC casing 31 for long side. $15.00 Installation price per foot of 1" P.E. service line w/ithout casing 32 for short side. $13.00 33 Installation of 1" ball meter valve, yoke bar, and tail piece. $125.00 34 Installation of MXU's on existing TR meters $15.00 35 Pass through on materials not covered under the line items. Cost plus 20% Scott EIIsworth, Presiden/t Line-Te/~nc / ALL PRICES F.O.B. BOYNTON BEACH It is further agreed that the product/service will be completed/delivered within 20calendar days from the date of the Purchase Order from the City. -- Number of Bid Proposals submitted Original and two copies Evidence of possession of required licenses Specification" , check-off' sheets (Pages 3-5) submitted Anti-Kickback Affidavit Submitted Confirmation of Minority Owned Business Submitted Drug Free Workplace Submitted ~es~o COMPANY NAME - PRINTED NAME TELEPHONE NUMBER - ~ITLE Florida Contractor's~Lice/~se ~ber THIS PAGE TO BE TO BE SUBMITTED IN ORDER FOR PACKAGE CONSIDERED COMPLETE AND ACCEPTABLE 18 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO ~/ If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of CertifiCation THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 20 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drag abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify th~qthis firm complies fully with the above requirements. 1/~_~~ enaor s ~gnamre THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 21 ANTI,KICKBACK AFFIDAVIT STATE OF FLORIDA ) · SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or_by an officer of the corporation. By: ~A~~_ ~~TU'ffE-~ Sworn and subscribed before me this "~ day of ..~ Printed Information: NAME TITLE '~ ~OTARY_~, Stat~ ofF, l~rida t COMPANY . T~S PAGE TO BE SUBbeD ~ONG WITH PROPOSAL ~ O~ER FOR PAC~GE TO BE CONS~E~D COMPLETE A~ ACCEPTABLE 19 1210 SE 1st Street Boynton Beach, FI 33435 Office 561-374-9494 Fax 561-737-3827 Contract Bid #022-2821-04/JA Alternate Bid Items City of Boynton Beach Water Service Contract Additional services available in association with this Contract Item # Description Unit Price Furnish and install 1" corporation stop and saddle less than 4" 21 in depth. $275.00 22 Installation of 6" C900 PVC pdce per foot with fittings $38.00 Replacement of fire hydrant (only) with materials using existing 23 valve. $2,500.00 Installation pdce per foot of 2" P.E. service line without casing 24 for short side connection. $15.50 Installation of 1 1/2" or 2" ball meter valve and meter 25 connection. $250.00 26 Installation of 2" resetter (labor only) $350.00 27 Installation of 2" blow off assembly. $225.00 Installation of 2" RS gate valve and saddle complete with valve 28 box. $510.00 29 Installation of 2" backflow preventer. $575.00 30 Installation of 1" backflow preventer. $350.00 Installation pdce per foot of 1" P.E. service line w/PVC casing 31 for long side. $15.00 Installation pdce per foot of 1" P.E. service line w/ithout casing 32 for short side. $13.00 33 Installation of 1" ball meter valve, yoke bar, and tail piece. $125.00 34 Installation of MXU's on existing TR meters $15.00 35 Pass through on materials not covered under the line items. Cost plus 20% Scott EIIs~,orth, President /~ / ' ~ '-'"~ 7- Date: /~~~/~ NAME OF BID: "TWO (2) YEAR CONTRACT FOR SUPLY & INSTALLATION OF WATER SERVICE CONNECTIONS & RESTORATIONS" BID DATE: January 7, 2004 BID #: 022-2821-04/JA STATEMENT OF "NO BID" LISTING FARMER & IRWIN CORPORATION 3300 AVENUE K Unable to meet specifications RIVIERA BEACH, FL 33404 VI.-CONSENT AGENDA CITY OF BOYNTON BEA£ ITEM B.2. 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 [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 Febmmy 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) 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: Motion to award the "THREE YEAR CONTRACT FOR BANKING SERVICES", RFltl:: #008-1410-04/CJD to BANK OF AMERICA with an estimated annual expenditure of $24,588.00. Contract Period: February 3, 2004 through February 2, 2007 EXPLANATION: On November 12, 2003, Procurement Services opened and tabulated six (6) proposals to our RFP "Three Year Contract for Banking Services". The responding financial institutions included: Bank Atlantic, Bank of America, Fidelity Federal Bank & Trust, SouthTrust Bank, Sun Trust Bank, and Wachovia Bank. Based on an analysis of estimated fees Bank of America has submitted the lowest cost proposal for services. In addition to submitting the lowest cost proposal, Bank of America will not charge the City or any employee for cashing a check drawn on the City's payroll account. They will also provide free checking to those employees who elect to have direct deposit of their payroll check. A copy of the evaluation analysis is attached. There is provision within the RFP to renew the contract for two (2) additional one (1) year periods based on the same terms, conditions, and prices, subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. PROGRAM IMPACT: The City's banking services are currently with Bank of America and they have provided the City with excellent service. Maintaining a relationship with them would not result in cost to the City for initial set up. Estimation of setup fees would be around $5,000.00. FISCAL IMPACT: Current fees for banking services average $22,000 annually. ALTERNATIVES: Not award contract to Bank of America and award ~nancial institution. Deputy Director of Financial Services City Manager's Signature Procurement Services Department Name City Attorney / F~an~ce / Human Resources S:~BULLETINLFORMS~AGENDA ITEM REQUEST FORM.DOC C: Diane Reese - Finance Director File RESOLUTION NO. R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF RFP #008-1410-04/CJD TO BANK OF AMERICA, PROVIDING FOR A THREE YEAR CONTRACT FOR BANKING SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE PARTIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 12, 2003, Procurement Services opened and abulated six (6) proposals to the RFP "Three Year Contract for Banking Services"; WHEREAS, each proposal was reviewed based on an analysis of estimated and staff has determined that Bank of America has submitted the lowest cost for services; and WHEREAS, upon recommendation of staff, the City Commission of the City Boynton Beach does hereby approve the award of RFP No.008-1410-04/CJD to of America. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, approves thc award of RFP No. 008-1410-04/CJD to Bank of America, for a year contract for banking services. Section2. That the City Manager is hereby dire¢~tcd- to execute an between the City of Boynton Beach and Bank of America, a copy of ;:\CA\RESO~greements\Bid Awards~,ward of RFP - Banking Services - Bank Of America.doc is attached hereto. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this day of February, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk Seal) of RFP - Banking Services - Bank of America.doc ATTACHMENT B CITY OF BOYNTON BEACH AGREEMENT FOR BANKING SERVICES THIS AGREEMENT, made and entered into this 3rd day of February~ 2004, by and between the City of Boynton Beach, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as "City", and Bank of America~ N.A., a State chartered banking institution, herein referred to as "Bank". WlTNESSETH: WHEREAS, the City is desirous of entering into a contractual agreement with a financial institution to provide the City's banking services; and WHEREAS, the City received proposals, conducted interviews, and recommended the selection of Bank to provide such banking services; NOW THEREFORE, in consideration of the premises and of the mutual covenants and promises herein contained, the parties hereto agree as follows: 1. TIME FOR PERFORMANCE: The performance of the Agreement shall commence on February 3~ 2004~ and shall remain in effect for a three year period to February 2~ 2007. The City will have the option to extend the contract for another two-year period, providing both parties mutually agree. Any proposed changes by the bank relating to the 1 extension will be provided to the City 90 days prior to the contract expiration date. 2. SCOPE OF SERVICES: Bank agrees to provide the services specified, with the personnel specified, and at the costs specified in its proposal to the City, said proposal being attached as Exhibit "A" and incorporated by reference herein and made a part hereof as fully as if herein set forth. Bank hereby acknowledges submitting said proposal in response to the City's Request for Proposal for Banking Services, said Request for Proposal for Banking Services being attached as Exhibit "B", incorporated by reference herein and made a part hereof as fully as if herein set forth. 3. PAYMENT FOR SERVICES: The City agrees to provide payment to Bank under tile following payment arrangement: Payment will be made by a "specific charges for service" method. The Bank shall submit monthly invoices for all services rendered for the preceding month. Such invoices shall be accompanied by an account analysis for each account and a summary analysis for all accounts combined which will itemize all charges. The analysis shall contain, at a minimum, average daily ledger balance, less float and reserve requirements to arrive at a net collected balance. Following the City's opportunity to review the monthly account analysis, and reconcile any discrepancies, a check will be issued to the Bank for the approved charges, less any contested charges. There shall be no automatic debiting of the City's accounts for service charges. 4. IMPLEMENTING SPECIAL PROVISIONS OF AGREEMENT: Representatives of the parties are hereby authorized to meet and draft any detailed plans and procedures of operation necessary to effectively implement this Agreement. Such plans and procedures of operation shall become effective upon acceptance by the Finance Director, Diane Reese and Bank. Said plans and procedures of operation shall be subject to change upon mutual agreement and consent of the parties, which agreement and consent shall not be unreasonably withheld or denied. 5. INDEMNIFICATION: Bank shall indemnify, defend and hold harmless the City, it officers, elected officials, agents and employees, fi.om and against any and all claims, actions, losses (including economic Page I of 4 losses), or liability, or any portion thereof, including attorneys fees and costs, arising from any actual or alleged a) injury, sickness, disease, or death to person, the employees, or damage or injury to property occasioned by a negligent act, omission or failure of the Bank; b) violation of law, statute, ordinance, governmental administration order, rule, regulation, of infringement of patent rights by Bank in the performance of the Scope of Services; or c) liens, claims or actions make by the Bank or its agents, subsidiaries or other party performing the work. The indemnification obligations herein shall not be limited by any limitation of the amount, type of damages, compensation, or benefits payable by or for the Bank under worker's compensation acts, disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by Bank. With regard to any £mancial loss which may be suffered by the City as a result of or due to intentional or negligent acts of commission or omission by Bank, Bank hereby agrees to reimburse and hold harmless the City for such loss. 6. INSURANCE: The Bank shall secure and maintain in force throughout the duration of this all required insurance as set forth in Exhibit "C" attached hereto and incorporated herein. Each insurance policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 7. CONVENANT AGAINST CONTINGENT FEES: The Bank warrants that they have not employed or retained any company or person, other than a bonafide employee working solely of the Bank, to solicit or secure this contract, and that the Bank has not paid or agreed t° pay any company or person, other than a bonafide employee working solely for the Bank, an fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting fi.om the award or making this contract. For breech or violation this warranty, the City shall by the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. DISCRIMINATION PROHIBITED: The Bank, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials and supplies. 9. ASSIGNMENT: The Bank shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 10. NON-WAIVER: Waiver by the City of any provision of this agreement or any time limitation prOvided for in agreement shall not constitute a waiver of any other provision. 11. TERMINATION: The City reserves the right to terminate this agreement at any time by giving 30 (thirty) days written notice to the Bank. 12. DISPUTES: Any dispute out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County, Florida. Page 2 of 4 13. NOTICES: Notices to the City of Boynton Beach shall be sent to the following address: CITY OF BOYNTON BEACH 100 EAST BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA 33424-0310 ATTENTION: DIANE REESE, DIRECTOR OF FINANCE Notices to Bank shall be sent to the following address: BANK OF AMERICA, N.A. 101 EAST KENNEDY BLVD., 5TM FLOOR TAMPA, FL 33602 ATTN: LYNN NIEVES Changes in the respective addresses to which such notice may be directed may be made from time to time by any party by written notice to the other party. Facsimile is acceptable notice effective when received; however facsimiles received (i.e. printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of the notice must also be mailed as required herein. 14. INTEGRATED AGREEMENT: This agreement, ~ogether with attachments or addenda, represents the entire and integrated agreement between the City and the Bank and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both the City and Bank. 15. SEVERABILITY: The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 16. This Agreement constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof, and any representatives or statements heretofore made with respect to such subject matter, whether verbal or written, are merged herein. 17. This Agreement shall be construed in accordance with the laws of the State of Florida and any remedies of the parties pertaining thereto shall likewise be governed by said laws. Page 3 of 4 IN WITNESS WHEREOF, the parties hereto, by and through their duly authorized officials, have executed this Agreement as of the day and year first above written. DATED this of 20 CITY OF BOYNTON BEACH BANK OF AMERICA, N.A. City Manager Date Authorized Representative Date City Attorney Date Attest/Authenticated: Date City Clerk (Corporate Seal) Page 4 of 4 EXHIBIT "C" ATTACHMENT A City of Boynton Beach Risk Management Division INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of"B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $1,000,000.00 Liquor Liability Each Occurrence $1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange 5; 50,000.00 Non-Owned Autos PIP Basic Intermodal Garage Liability Auto Only, Each Accident $1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $1,000,000.00 Aggregate $ !,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Other - As Risk Identified to be determined IN SURANCEADVISORYFORM04 Revised 10/2001 ;~ ~ rn 0~ ~~ -Hz 0 -~0 -tz -n'nm ~ z ~. --I -- z "11 -- -- ~ ~"n zm ;x; r- 0 0 z 0 ~1~ 0 0 m -o:~ 0 -r T z ~: m -r -I O~ ~- z ', c~ ~ ~ rn _ -, -, m c~ ~ ~=~. -< -- -~ m~ ~ ~ < ~: 0~ o o~ ~ m mc 0 -- ~, '' ~u") 0 -- m ' - -- ~ ~I, OZ m c m o o< 0 m 0 m m c ITl Z ITl --I --I .--I C) Ill m-'l ITl ~ m .. om zZ ~ ~-~Z mO zo 0 " " > -o~ ; _-> ~ d rn o :~-'z .~ ~. ~ -< 0 -~ ~- ;:~ C o = o om ~ c~ z ._, ~> ~ ~ ~- zZ ~ Z < ~c~l'rl ~' o_, e-, mO m m::> rn m m m ~0 m - -- c~ Zo o o ~ ~' ~-~ e m ::r:~ ~ o ~ ~' ~_ ___ -n' -< ct) o ..:> 'O~c~'n_ 0 tJ~ m ~- o m m --< 0 r..Z om 00 :~ c~ ~ o~ m C)-I zZ ~ e m 0 rn m> m m mz z0 co 0 mc) ITl ~ ~ C) --I -- VI.-CONSENT AGENDA ITEM C.1. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 20, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 17, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (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 January 15, 2004, 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 Commission 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. ( Janet M. Prainito City Manager's Signature City Clerk's Office City Attorney / Finance / Human Resources S:XBULLETINXFORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R04- 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 QUARTERLY ANNUAL MEETING OF JANUARY 15, 2004, 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 Board (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Annual Meeting of January 15, 2004, as set forth below; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, does hereby ratify the action taken by the South Central Regional Wastewater Treatment & Disposal Board on January 15, 2004, as follows: (1.) Authorization to enter into Contract with At Risk Agreement with Widell, Inc, for Task Order C#101 in the amount of $270,891.00. Section 2, This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this ~ day of February, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S:\CA\RESO~,greements\SCRWTD -11504.doc SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 BOARD ~~ City Council Members of ~ -'l ~.~'~_~1 Telephone (561) 272-7061 (561) 734-2577 Boynton Beach & Delray Beach ~ Fax: (561) 265-2357 E-mail: scrwwtp@ ix.netcom.com MEMORANDUM TO: Janet Prainito c:~ CITY OF BOYNTON BEACH '"o FROM: Mary Ann Shumilla r~ DATE: January 16, 2004 " RE: RATIFICATION FOR SIGNATURE Attached is one Ratification from the Quarterly Annual Meeting of January 15, 2004 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 JANUARY 15, 2004 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 15, 2004 by a vote of 8-0, approve AUTHORIZATION TO ENTER INTO CONTRACT WITH AT RISK AGREEMENT WITH WIDELL, INC. FOR TASK ORDER C#101 IN THE AMOUNT OF $270,891.00. 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 VI.-CONSENT AGENDA ITEM C.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 [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon) [] Administrative [] Legal .1:' ~__~..< NATURE OF [] Announcement [] New Business :~: AGENDA ITEM [] City Manager's Report [] Presentation vo rnc~ [] Consent Agenda [] Public Hearing [] Code comPliance/Legal Settlements [] Unfmished Business ~ cr~:~c:~ RECOMMENDATION: Motion to accept the enclosed Animal services Contract reimbursing the City for certain Animal Care & Control Services. EXPLANATION: The City of Boynton Beach Animal Care & Control Division applied for, and received a grant from Palm Beach County for reimbursement of certain services not to exceed $25,000.00. The enclosed Animal Services Contract (Exhibit "A") provides the parameters by which the City of Boynton Beach can benefit from this program. We will seek reimbursement for the services described in Article 2, Sections A & C of the enclosed contract throUgh the remainder of the term of the contract that expires September 30, 2004. You may recall we qualified for $30,000.00 in reimbursement funds last year and I'm happy to report we collected $24, 585.00 in reimbursement funds in spite of the fact we didn't get final approval of the contract until March, 2003. Staff worked diligently in preparing documentation that resulted in our receiving a good share of the reimbursement retroactively. PROGRAM IMPACT: The Animal Care & Control program will continue to provide the level of service the community is accustomed to, however there will be a portion of staff time dedicated to complying with the conditions of the contract in terms of documentation and reporting. FISCAL IMPACT: The Animal Care & Control budget should see a net decrease as reimbursements are received and applied. ALTERNATIVES: Not accept the grant from Palm Beach County. Departmcrm~d~ad s ~i~nature ' CityX~Vi~nager's Signature Depart~t Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSLS. GENDA ITEM REQUEST FORM.DOC RESOLUTION R04- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING EXECUTION OF AN ANIMAL SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND. PALM BEACH COUNTY ANIMAL CARE AND CONTROL DIVISION, FOR THE REIMBURSEMENT OF CERTAIN COSTS ASSOCIATED WITH ANIMAL CARE AND CONTROL SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Animal Care and Control Division a grant from Palm Beach County for reimbursement of certain costs associated with mai Control services in an amount not to exceed $25,000.00; and WHEREAS, the City Commission of the City of Boynton Beach upon ion of staff, deems it to be in the best interest of the citizens of the City of Beach to authorize execution of this Animal Services Agreement. NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH OF PALM BEACH COUNTY, FLORIDA, Section 1: The City Commission of the City of Boynton Beach, Florida hereby execution of the Animal Service Agreement with palm Beach County Animal '.are and Control Division, a copy of said Agreement attached hereto. Section 2: This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS ~ day of February, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Clerk Commissioner Seal) :\CAXRESO\GrantsXAnimal Control Services.doc ANIMAL SERVICES CONTRACT FOR PALM BEACH COUNTY ANIMAL CARE AND CONTROL DIVISION WEST PALM BEACH, FLOR]DA This Contract is made as of the day of , by and between The City of Boynton Beach (hereinafter referred to as AGENCY), a Florida Municipal Corporation and Palm Beach County, a political subdivision of the State of Florida, by and through its Division of Animal Care and Control on behalf of the Board of County Commissioners, hereinafter referred to as the COUNTY, for thc prOvision of animal services. VfrIEREAS, the COUNTY provides various animal services; and WHEREAS, the AGENCY is able to provide said services for compensation. NOW, THEREFORE, in consideration of the mutual promises contained herein, the COUNTY and the AGENCY agree as follows: ARTICLE 1 -: ANIMAL SERVICI~..R The AGENCY's responsibility under this agreement is to provide animal sexvices, as more specifically set forth in the Application and Scope of Work detailed in Exhibit "A". The Agency shall provide animal services during the period October I, 2003 through September 30, 2004. ARTICLE 2 - REIMBURSEMENT RATES FOR SERVICES The COUNTY may reimburse the AGENcy for services the AGENCY provided hereunder within the geographical boUndaries of Palm Beach County at the following rates: A. FIELD OFFICER RESPONSE: I. The rate for providing AGENCY response to. calls from the public to pick up stray or confuted animaln within Palm Beach County and take animal to the AGENCY's Palm Beach County shelter: Rate per Response: $25.00 B. ADOPTION MEDICAL and CLIN/C SERVICES: 1. The rate for providine sPavin~ or neuterine, micro~chil)10ine, rablc.. inoculation and COUNTY rabies tae of an aninlal being prepared fo, adoption to a Palm Beach COunty resident adopter: Ra~,, per Comnlet, Procedure: $110.00 (Note: Spay or neutering performed by the Palm ~.~ch CoUnty Spay Shuttle are not eligible for rehnbursemer~t~) 2. The rate for the AGENCY'S routine adoption medical exam of an anima! be adoptedby a Palm Beach Coua~y.r~esident: $50.00 C. KENNEL/SHELTERING: 1. The daffy per-diem cost to honse and feed stray or "owner relinqnished:: animals from Palm Beach Connty for up to t'v/e (5) days: $5/day/animal Invoices documenting the AGENCY's reimbursement request may be submitted to Animal Care and Control monthly. The AGENCY shall receive no additional compensation for performance under this Contract except as provided for herein and Under no circumstances shall the total value of all combined services exceed $ 25,000 . (Twenty five thousand, dollars) Final Invoice: In order for both parties herein to close their books and records, the 1 Final Invoice: In order for both parties herein to close their books and records', the AGENCY will clearly state "final invoice" on the AGENCY'S final/last billing to the COUNTY within fifteen (15) days of the end of the agreement period. This certifies that all scndces have been properly performed and all charges and costs have beer invoiced to Palm Beach County. Since this account will thereupon be closed, any and other further charges, if not properly included on this final invoice, are waived by the AGENCY The COUNTY's representative will review invoices received from the AGENCY pursuant to the agreement. If the invoice has been determined to be in conformity with the agreement, it will be approved by the COUNTY's representative, and then sent to the Finance Department for payment. Invoices will normally be paid within thirty (30) days following the COUNTY representatives' approval. The COUNTY shall not be obligated to provide the AGENCY with ahy fringe benefits. The COUNTY shall not be obligated to withhold U.S. income tax, withholding or social security tax, unemployment, or worker's compensation payments, and any similar withholdings. It is expressly understood that the AGENCY is not entitled to participate in the State Retirement Program. ARTICLE 3 - MINIMUM REQUIRED DOCUMENTATION The services described below are only applicable for the reimbursement request submitted by the AGENCY in Article 2 above that occur or are generated from within Palm Beach County. The AGENCY shall use reimbursement forms provided by the COUNTY or AGENCY forms' approved bY the COUNTY. By submitting a request for reimbursement, the AGENCY agrees to be governed by the laws of the State of Florida and the COUNTY which pertain to the treah~nent, care, and sheltering of animals. A. FIELD OFFICER RESPONSE The AGENCY shall respond to all requests for the pick up of stray or confined animals within the geographical boundaries of the AGENCY's normal working areas within Palm Beach County. For each. Field Officer Response that wffi be reimbursed~ as a minimum requirement~ the AGENCY shall submit documents th_a~_ record: the date and time the request for response was received by the AGENCY; the name. phone number, and address of the person making the request; the location of the pick up of the animal;. a description of the anlmai~ incinding its species, markings. sex~ any identifying markings~ (~oos, ID tags~ cOllar~, and any other AGENCY .specific numbering or loeeing of the animall and verification that the animal wa~ checked against the COUNTY's "lOst/foUnd" database B. ADOPTION MEDICAL AND CLINICAL SERVICES Animals being adopted from the AGENCY shall bo spayed or neutered before the animal is released to the adopter. A State of Florida licensed veterinarian shall perform the spaying or neutering procedure. For each, sp, ay or ~enter that will be reimbursed, as a minimum, the AGENCY shall submit documents that record: the name of the veterinarian and his/her State of Florida veterinary license nnmber~ the procedure. performed; the specific AGENCY generated identification name or number giver to the animal being spayed or neutered~ the batch or control number and name of the manufacturer of the rabies vaccine given to' the animal~ the manuf_~cO_~rers name and specific unit number of the impianted micro-chip in the anlm~l] thg name and Palm Beach County address of the adopte~ and the Pa!re. Beach County rabies tag nUmber issued for the animal_ Animals available for adoption shall receive a medical evaluation. For each initial medical examination that will be relmbnrsed~ as a mf~imum_ the AGENCY shall submit documents that record: the specific AGENCY generated identificati¢--- name or numbe, r' given to the animal being evaluated; the name of th~ perso= 2 performing the evaluation~ a listino, of the procedures performed and their F. mdin~s, if any; and a schedule of medications or treatmentS as a response to the aiaenosfic t'mdin~s. C. KENNEL/SHELTERING The AGENCY shall kennel or shelter animals generated from within Palm Beach County according to thc minimum criteria eStablished by the COUNTY. For each animal that the AGENCY will be relmhursed, the AGENCY, at a minimnm_ shall submit documents that record: the specific AGENCY eenerated identificafie name or number given, to the animal being provided shelteG the date the anim~ entered the shelter~ and the date the animal left the shelter or is still at the after a five (5) day holding oerind ARTICLE 4 - PERSONNEl, The AGENCY represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this agreement. The AGENCY shall subn~t the names of such personnel who are employees of, or have any contractual relationship with, the COUNTY prior to the execution of this agreement The COUNTY shall determine the extent of any eonffict of interest with the personnel prior to the execution of this agreement. The AGENCY shall assure that all of the services performed and required herein shall be performed by the AGENCY or by personnel under its supervision. All personnel engaged in performing the services .shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services. The AGENCY warrants that all of the services provided by, or on its behalf, pursuant to the Agreement will be performed with reasonable care, skill and diligence in accordance with generally and currently accepted professional principles and practices for similar services. ARTICLE 5 - AVAII,ABH,iTY OF FUNDS The COUNTY's performance and obligation to pay under this agreement is contingent upon an annual appropriation for its purpose by the Board of County Commissioners. .ARTICLE 6 - INSURANCE, A. AGENCY shall, at its sole expense, agree to maintain in full force and effect at all times .during the life of this Contract, insurance coverage and limits (ineinding endorsements), as described herein. The requirements contained herein, as well as COUNTY'S review or acceptance of insurance maintained by AGENCY are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by AGENCY under the contract. The COUNTY may approve different coverages and limits if requested by the AGENCY prior to execution of the contract. B. .C. ommercial General Liability The COUNTY re~cluests the AGENCY maintain Commercial General' Liability t ...... ' ' a a limit of liability not less than $500,000 Each Occurrence. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted in writing by County's Risk Management Department. AGENCY shall provide this coverage on a primary basis. The COUNTY may approve different coverage and limits if requested by the AGENCY prior to execution of the contract. C. Business Automobile l,iahility Thc COUNTY requeSts the AGENCY maintain Business Automobile Liability at a limit of-liability not less than $500,000 Each Occurrence for all owned, non-owned and hired autOmobiles. In the event AGENCY doesn't own any automobiles, the Business Auto Liability requirement shall be amended allowing AGENCY to agree tO maintain only Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the 3 Commercial General Liability, or separate Business Auto coverage form. AGENCY shall provide this coverage on a primary basis~ The COUNTY may 'approve different coverage and limits if requested by the AGENCY prior to execution of the contract. D. Worker's Compensation Insurance & Employers Liability AGENCY shall maintain Worker's Compensation & Employers Liability in accordance with Florida Statute Chapter 440. AGENCY shall provide this coverage on a primary basis. E. Additional Insured AGENCY shall endorse the COUNTY as an Additional Insured with a CG 2026 'Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Palm Beach CounW Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees and Agents." AGENCY shall provide the Additional Insured endorsements coverage on a primary basis. F. Waiver of Subrogation AGENCY hereby waives any and all rights of Subrogation against the County, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then AGENCY shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which' a condition to the policy specifically prohibits such an endorsement, or voids coverage should AGENCY enter into such an agreement on a pre-loss basis. G. Certificate(s) of Insurance Prior to eXecution of this Contract, AGENCY shall deliver to the COUNTY. a Certificate(s) of Insurance evidencing that all types and amounts of insurance coverage required by this Contract have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include, a minimum thirty {30) day endeavor to notify due to cancellation or non-renewal of coverage. H. Umbrella or Excess LiabRity If necessary, AGENCY may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest "Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, or Employer's Liability. The COUNTY shall be specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a "Follow-Form" basis. J. Right to Review COUN'I~, by and through its Risk Management Department, in cooperation with the contracting/monitoring department, reserves the right to review, modify, reject or accept any required policies of insurance, including limits, coverage, or endorsements, herein from time to time throughout the term of this Contract. COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. ARTICLE 7 - INDEMIqIFICATION AGENCY shall fully indemnify and save harmless, COUNTY, its officers and employees, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, judgments, penalties and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by COUNTWS staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision 0aereatter collectively referred to as "liabilities"), to which any or .all of them may be subjected, as a direct or indirect result of any personal injury or property damage arising from any negligent act or omission or willful misconduct of AGENCY, its officers, employees, SUB-AGENCY'8, subcontractors or agents in connection with the performance or nonperformance of the Agreement, whether or 4 not such liabilities are litigated, settled or reduced to judgment. AGENCY shall, upon COUNTY'S request, defend at AGENCY's sole cost any action, claim, suit, cause of action or portion thereof which asserts or alleges liabilities resulting directly or indirectly from any personal injury or property damage arising from any negligent act or omission or willful misconduct of AGENCY, its officers, employees, SUB-AGENCY'S, subcontractors or agents in connection with the performance or nonperformance of the Agreement, whether such action, claim, suit, cause of action or portion thereof is well founded or not. In the event that a final decision or judgment allocates liability by determining that any portion of damages awarded is attributable to the COUNTY'S negligence or willful misconduct, the COUNTY shall pay the portion of damages that is allocated to the COUNTY'S negligence or willful misconduct. The existence or acceptance by COUNTY of any of the insurance policies or coverage described in the Agreement shall not affect any rights COUNTY may have under this Article. The provisions of this Article shall survive any termination of the Agreement. Nothing herein shall be considered to be a waiver of sovereign immunity, nor an agreement to alter the limits of liability that are set forth in s. 768.28, Florida Statutes. ARTICLE 8 - SUCCESSORS AND ASSIGNS The COUNTY and thc AGENCY each binds 'itself and its partners, successors, executors, administrators and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the COIYNTY nor the AGENCY shall a~sign, sublet,' convey or transfer its interest in this Contract without the written consent of the other, except that the AGENCY may assign his/her right to receive payment. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the COUNTY which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the COUNTY and the AGENCY. ..ARTICLE 9 - REMEl~IES This Contract shall be governed by the laws of the State of Florida. Any and all. legal action necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single orpartial exercise by any party of any right, power, or.remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 10 - CONFLICT OF INTEREST The AGENCY represents that he/she presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, or as provided for in Florida Statute 112.311. The AGENCY further represents that no person having any inte~st shall be emPloyed for said performance. The AGENCY shall promptly notify the COUNTY'S representative, in writing by certified mail, of all potential conflicts of interest for any prospective business association, interest or other Circumstance which may influence or appear to influence the AGENCY'S judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the AGENCY may undertake and request an opinion of the COUNTY, as to whether the association, interest or circumstance would, in the opinion of the COUNTY constitute a conflict of interest if entered into by the AGENCY. The COUNTY agrees to notify the AGENCY of his/her opinion by certified mail within thirty (30) days of receipt of notification by the AGENCY. If, in the opinion of the COUNTY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the AGENCY, the COUNTY shall so state in the notification and the AGENCY shall~ at his/her opt/on, enter into- said association, intereSt oi circumstance and he/she shall be deemed not in conflict of interest with respect to services provided to the COUNTY by the AGENCY under the terms of this Contract. 5 ARTICLE 11 - DISCLOSURE AND OWNERSHIP OF DOCUMENTS The AGENCY shall deliver to the COUNTY'S representative for apProval and acceptance, and before being eligible for final payment of any amounts due, all documents and materials prepared by and for the COUNTY under this Contract. All written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the COUN2~ or at its expense will be kept confidential by the AGENCY and will not be disclosed to any other party, directly or indirectly, without the COUNTY'S prior written consent unless required by a lawfid order. All drawings, maps, sketches, programs, data base, reports and other data developed, or purchased, under this Contract for or at the COUNTY'S expense shall be and remain the COUNTY'S property and may be reproduced and reused at the discretion of the COUNTY. The COUNTY and the AGENCY shall comply with the provisions of Chapter 119, Florida Statute (Public Records Law). All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Contract and the consummation 0fthe transactions contemplated hereby. ARTICLE 12 - INDEPENDENT CONTRACTOR RELATIONSi~IP The AGENCY is, and shall be, in the performance of all work services and activities under this Contract, an Independent Contractor, and not an employee, agent, or servant of the COUNTY. All persons engaged in any of the work or services performed pursuant to this Contract shall at all times, and in all places, be subject to the AGENCY'S sole direction, supervision, and control. The AGENCY shall exercise control over the means and manner in which he/she and his/her employees perform the work, and in all respects the AGENCY'S relationship and the relationship of his/her employees to the COUNTY shall be that of an Independent Contractor and not as employees or agents of the COUNTY. The AGENCY does not have the power or authority to bind the COUNTY in any promise~ agreement or representation other than specifically provided for in this Contract. ARTICLE 13 - ACCESS AND AUDITS The AGENCY shall maintain adequate records related to all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years alter completion of this Contract. The COUNTY shall have access to such books, reCOrds, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the AGENCY'S place of business. ARTICLE 14 - NONDISCRIMINATION The AGENCY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation~ ARTICLE 15 - ENFORCEMENT COSTS If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not ~taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 6 ARTICLE 16 - AUTHORITY TO PRACTICE The AGENCY hereby represents and warrants that he/she has and will continue to maintain all licenses, designations, certifications and approvals required to conduct his/her business, and that heAshe will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the COUNTY'S representative upon request. ARTICLE 17 - SEVERABILITY If any term or provision of this Contract, or the application thereof to any person or circtunstances shall, to any extent, be held invalid or unenforceable, the remainder of this Contract, or the application of such terms or provisions, to persons or circumstances other than those as to which it is held invalid or uuenforeeable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 18 - PUBLIC ENTITY CRIMES As provided in F.S. 287.132-133, by entering into this Contract or performing any work in furtherance hereof; the AGENCY certifies that he/she,, his/her affiliates, suppliers, subcontractors and AGENCY'S who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty-six (36) months immediately preceding the date hereof. This notice is required by Florida Statutes, Section 287.133(3)(a). ARTICLE 19 - NOTICE All notices required in the Contract shall be sent by certified mail, return receipt requested, and if sent to the COUNTY'S representative shall be mailed to: County Administrator P.O. Box 1989 ' West Palm Beach, Florida 33402 and ~Animal Care and Control 7100 Belvedere Road West Palm Beach, Florida 33411 with a copy to: i County Attorney's Office P.O. Box 1989 West Palm Beach, Florida 33402 and if sent to the AGENCY shall be mailed to: City of Boynton Beach City Manager's Office P.O. Box 310 Boynton Beach, Florida 33425-0310 ARTICLE 20 - CONTRACT TERMINATION This Contract may be canceled by the AGENCY upon thirty (30) days prior written notice to the COUNTY'S representative. It may also be terminated by the COUNTY, with or without cause, immediately upon written notice to the AGENCY. Unless the AGENCY is in breach of this Contract, the AGENCY shall be paid for services rendered to the COUNTY'S satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the COUNTY, thc AGENCY shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. C. Tmsfer all work in process, completed work, and other materials related to the terminated work to the COUNTY. D. Continue and complete all parts of the work that have not been terminated. ARTICLE 21 - ENTIRETY OF CONTRACTUAL AGREEMENT.. The COUNTY and the AGENCY agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, teams and conditions contained in this Contract may be added to, modified, superseded or otherwise altered,i except by written instrument executed by the parties hereto. IN WITNESS WHE~OF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Contract on behalf of the COUNTY and the AGENCY has hereunto set its hand the day and year above written. DorothY H. Wilken, Clerk PALM BEACH COUNTY, FLORIDA BOARD OF COUNTY COlVllvIISSIONERS By: By: Deputy Clerk Vincent J. Bonvento, Assistant County Administrator WITNESSES AS TO ~ AGENCY AGENCY By: By: _ ' cwe~rror:" 'Wimess Title: ~u, rt Bressner, C_ity .Manager C~ty of Boynton t~eacn APPROVED AS TO FORM APPROVED AS TO THE TERMS AND AND LEGAL SUFFICIENCY CONDITIONS By. By:. County Attorney Paul W. Milelli, Dixector Public Safety Department V '.-CONSENT AGENDA ITEM C.3. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOnav 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 [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business ro ,mrD AGENDA ITEM [] City Manager's Report [] Presentation ;:~ tag [] Consent Agenda [] Public Heating ~ c~°~ [] Code compliance/Legal Settlements [] Unfinished Business ~ mm_.c~am RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Jose Rodriguez for the property at 1094 Alto Road, Lantana, Florida (Lots 291 & 292, Ridge Grove Addition 1). EXPLANATION: The parcel covered by this agreement includes 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 ~--AI~TERNATIVES: Nonl~. This parcel is within the Utilities service area.~J ~ gn Department Head/s Signature ature UTILITIES Department Name City Attorney / Finance / Human Resources XC' Dale Sugerman (w/copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning. " File " S:XBULLErlNWORMS~AGENDA ITEM REQUEST FORM.DOC Glinski, Bonnie From: Sugerman, Dale Sent: Friday, January 23, 2004 4:43 PM To: Mazzella, Pete Cc: Bressner, Kurt; Glinski, Bonnie Subject: RE: Mr. ROdriguez, 10r94 Alto Road,update Pete- Thank you for this update. Would you please prepare the necessary agenda item request form and I will work with the City Manager and the City Clerk to get this added to the FebrUary 3, 2004 City Commission agenda. I appreciate your making the meter available immediately and we will have the Ci~ Commission approve the item retrOactive for the few days of the gap that we have between the actual setting of the meter and the approval of the agreement by the Commission. Dale Creating value for our customers and community by achieving excellence in service, products and environmental quality. PEOPLE - TEAMWORK - INNOVATION ..... Odginal Message ..... From: Mazzella, Pete Sent: Friday, January 23, 2004 4:29 PM To: Sugerman, Dale Cc: Penn, Anthony; Reep, Sam Subject: Mr. Roddguez, 1094 Alto Road-update Dale Here is an update on Mr. Rodriguez's situation. The PAPA database has finally been updated to indicate that he is the owner, so I can now process the water service agreement to the Agenda. You should have the agenda item on your desk some time on Monday. Mr. Rodriguez is also now anxious to connect, and apparently has a new tenant willing to rent the unit. In that his well is inoperable, we are considering this a hardship case, and are allowing the meter to be set as a customer courtesy. His application is complete and acceptable at this time, so I see nothing that would prompt a refusal of this application. Please contact me with any additional questions. RESOLUTION NO. R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND JOSE RODRIGUEZ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our ~ater and sewer service area, for the property located at 1094 Alto Road, Lantana, Florida 291 & 292, Ridge Grove Addition 1); and WHEREAS, the subject parcel is a single family home located in the San '.astle/Ridge Grove project area; and WHEREAS, only potable water is available for connection to the property at this ime due to recent water main improvements constructed by Palm Beach County as part of a improvement project; WHEREAS, City policy requires annexation of the property to be serviced at the ,'arliest 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 CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as tree 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 Agreement between the City of Boynton Beach, Florida and Jose Rodriguez, said ;:\CA~ESOXAgreements\Water ServiceXRodriguez Water Service Agr.doc being attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of February, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk ::\CA~RESOLa-greements\Water Service~Rodriguez Water Service Agr.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 l/ dayof )o,.*..-, t,¢. ,200 } , by and between '"J" t~o o*,,,~,,, ~_ hereinafter called the "Customer", and the CITY OF BOYN2tON BEACH, a municipal 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 Qustomer with water service fi.om its Municipal Water - System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City herebY agree that there are ],ff EquivalentResidenfial Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installatiOn and inspection o.f 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 conform~ance with all codes, rules and regulations 1 applicable to the installation and maintenance of water service lines upon the Cffstomer'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 oth~ 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 otherwise 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 rights-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 suchannexation 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 ofattomey nor constitute a diminution or lack of consideration. 2 9. Annexation is intended to be and is hereby made a covenant ruffning with the land described in paragraph 1 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 from 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 rifle to the property which is the subject of this Agreement. · ~ IN WITNESS WHEREOF, theparfies hereto have set theirhands and seals this [!/~dayof _ /~e~,~ft.,~, . ,200_~_~. WITNESS: ~_,~__~U~:. Witness S~ture Owner Signat~l~O , ~ Printed Witness Name Printed Owne~ Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDIVIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) SS; COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer aforesaid and in the Co ......... duly authorizedin thc Stat -__~,~e ~_od~/~xe~_y axoresma to take acknowledgments, personally appeare~ person(s) described in a~d who executed-'--~- - · _ _ to me known to be the me ~oregmng instmme acknowled ed before ~m,e, that he/she executed the same; that the indivi~h,~, ,,,~-.. g muowmg proof of identification: ....... "C.~mnm~y ~nown to me-o.~provided the : WITNESS my hand and official seal in the County and State last aforesaid th/s // - '~-~~_ ,200~_. dayof (Notary Seal) .~/~a~bara M. a/adden · K~.~ . ~a~ mu Notary Public WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor 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 myhand and official seal in the County and State last aforesaid this __ dayof ,200 . (Notary Seal) Notary Public Approved as to form: City Attorney 5 THIS INSTRUMENT PREPARED BY: James A. Chemf, Esquire Joslas & ~oren, P.A. 3099 East Commercial Blvd. Suite 200 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF ~)O~~'z-- , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON B~CH, FLORIDA, tree and la~ul a~omey in fa~ for Grantee and in Grantee's name, place and stead, for the sole pu~se of exec~ing On ~haE of Grantee ~e power to initiate, maintain, and ~mplete a volunta~ pet~ion for annexation of the mai pmpe~ de~Hb~ heroin into the CI~ OF BOYNTON B~CH. This power shall e~end to the CI~ OF BOYNTON B~CH full and ~mplete available means. The mai pmpe~ which is the subje~ of this ~wer is descHb~ as ' The ~wem and au~o~ of my affomey, THE CI~ OF BOYNTON B~CH, FLORIDA, shall ~mmen~ and be in ~11 fome and effect on the l/~ day of ~eE~E~ , 20~ and the ~wem and au~o~ shall be iffevo~ble by Grantee. IN WITNESS WHEREOF, we have hereunto Set our hands and seals the // dayof -/~) .~_ ~-~'~, in the yeartwo thousand and'~- ~,~. Sealed and delivered in the presence of .Witness Signa~e ~-~/' ~3w i r ~ -'---~ Printed Witness Name Printed-OWner' NameX,,.,..~ Pdnted ¢,/V~fness Name Wrmess Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Pdnted Witness Name STATE OF FLORIDA ) ) SS: 'COUNTY OF PALM BEACH ) · ,, THE FOREGOING INSTRUMENT Was ackn_owledg, ed before me this // . day ~. are kno~-~.to.qCjl'e'~or who have produced , ,-,s iuun.iificai, iurr-~le-whe-d~'d/did not take an oath. NOTARY PUBLIC Type or Pdnt Name My CommissiOn ExpireS: C°mrnissiOn",No. , ~OA. IND ~.~. ~,~ Location Map- Exhibit "A" Gary R. Nikollts, CFA Palm Beach County Property Appraiser Public Access System - Property Information Location Address: 1094 ALTO RD Municipality: COUNTY OF PALM BEACH Parcel Control Number: 00-43-45-09-09-000-2910 Subdivision: RIDGE GROVE ADD 1 IN Official Records Book: 16369 Page: 36 Sale Date: Dec-2003 Legal Description: RIDGE GROVE ADD NO 1 LTS 291 & 292 - Owner Information Name: RODRIGUEZ JOSE A Mailing Address: 947 ISLES RD BOYNTON BEACH FL 33435 -2003 Certified Appraisal Improvement Value: $32,080 Number of Units: 1 Land Value: $16,640 Total Sq. Ft: 670 Market Value: $48,720 Acres: .00 Use Code: 0100 Description: SINGLE FAMILY -2003 Certified Tax Ad Valorem: $952.53 Non ad valorem: $192.OO Total: $1,144.53 -2003 Certified Assessed & Taxable Values Assessed Value: $48,720 Exemption amount: $0 (2003 Exemption) Taxable: $48,720 Exemption Information Unavailable. Sales Information Sales Date Book _ Paue Price Instrument Owner Dec-2003 16369 36 $100 QC RODRIGUEZ JOSE A Oct-1994 08456 1054 $15~000 WD RODRIGUEZ MARIA L Fh'int Information http://www~c~~pa~m~beach~~~us/papa/main/d~tai~-inf~~asp?p-~ntity=~~4345~9~9~~~29~~ 1/23/2004 QUITCLAIM DEED Tills QUITCLAIM DEED, Executed this 1st ': day of December , 2003 bY first parry, Grantor, Maria Rodrigaez whose 'post office address is 10609 Timberknoll Dr. Raleigh, NC 27617 to second party, Grantee, Jose A. Kodriguez whose post office address is 947 Isles Rd. Boynton Beach, FL 33435 WITNESSETH, That the said first party, for good consideration and for the sm of Dollaxs ($100.00 ) paid by the said second party, the receipt whereof is hereby acknowledgod, does hereby remise, release and quitclaim unto the said second party forever, all the right, title, interest an~ claim which the said first party has in and m the following described parcel of land, and improvements and appurttmanCes therVtoin the County of Palm Beach , S'tam of ~ Florida to wit: & 292 Parcel 00-¢3-45-09-09~000-29 lO 1094 Alto Rd, Lantana FL, 33460 Page 1 of 2. [Signatures ma following page.] Initials of First Party IN WITNESS WltEREOF, The said fi~st party has signed and sealed these presents the da), and year fn~t above written. Signed, sealed and delivered/~ preseaace of: ? Print name of Witness Print name of Fi~s! Patty Signature of Wimess Signature of FL, st Party, Gramor Print:name of Witness Prim name.ofFitsz Party personally known to me (or proved to me on the basis of satisfaczory evidence) to be the person(s) whose name(s) is/are subscribed to the 'within instrument and acknowledged to me that he/she/they executed the same in hi~aer/their authorized capacity(ies), and that by his/ha/their signature(s) on the instrument the person(s), or the entity upon behaff of which the person(s) acted, executed the instnmaem. WlTNKSS my hand and official seal. Sign a~y.,.~\~.., a_.~l/F~;7...' Affiant Known j produced ID ,.,--.'-.... / / \. \ Print Name of~r Initials o~ F'n-~ Psr~y AHAAZSAK DEC ~_2 2003 10:0~ . F'RGE. 03 VI',-CONSENT AGENDA TTEM D.1. 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 [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March I, 2004 (Noon) ~ ---~"< [] Administrative [] Legal I~ 7o-< NATURE OF [] Announcement [] New Business ~:~ ~ AGENDA ITEM [] City Manager's Report [] Presentation ~ ~j [] Consent Agenda [] Public Hearing e,~ [] Code compliance/Legal Settlements [] Unfinished Business $-- r~ RECOMMENDATION: Please maintain this item on the February 3, 2004 City Commission Agenda as being tabled under Consent Agenda. This item was tabled by the City Commission on January 20, 2004 in order to first obtain court approval for its review given its conflict with a prior court settlement limiting the property to an ACLF. A second tabling and review of this item is to allow for additional public notification, and consideration and conuaent by area residents. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-295. EXPLANATION: PROJECT: Venetian Villas (NWSP 03-021) AGENT: Michael Hoeflinger, Atlantis Development Group LLC OWNER: RSPB, LLC LOCATION: South side of Southwest 23~a Avenue (Golf Road) appx. 600 feet east of Congress Avenue DESCRIPTION: Request for new site plan approval for 50 fee-simple townhomes on a 4.69-acre parcel zoned R-3. As explained in the staff report, this property is the subject of a 1989 "Stipulation and Settlement Agreement" between the original property owners and the City of Boynton Beach. While the Agreement allowed the rezoning to the R-3 district, it restricted the use of the property to an Adult Congregate Living Facility (ACLF). Additionally, the Agreement governs building height, roof pitch, parking lot lighting, dumpster placement, use of the LWDD Canal right-of-way, buffering, and landscaping. The previous development application submitted by Land Design South was allowed to be reviewed despite the Agreement, pursuant to two subsequent Joint Motion and Agreed Orders authorized by the court. Since these Agreed Orders were project specific, the court must again be petitioned to allow the current project to be reviewed in conflict with the Settlement Agreement. If ultimately supported by the City, both parties would petition the courts to amend the Settlement Agreement consistent with the approved site plan. Staff has reviewed this project against the LDR, the requirements of the Settlement Agreement, and for impact upon the surrounding neighborhood. The project complies with most of the site requirements of the Agreement; however, staff supports amendment of the Agreement to ensure that lighting levels meet minimum city standards, and to promote consistency of the rear buffer wall with the adjacent project. To assist the Commission with this review, staff has identified within the conditions of approval, the development requirements of the Settlement Agreement and specifically where a conflict exists which should be corrected on the plans or through amendment of the Agreement. If approved by the Cou,nission, the ultimate approved site plan, including all conditions of approval would be the subject of the request to the courts for amendment of the original Stipulation and Settlement Agreement. S:~BULLETIN~ORMS~S~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Deny project and continue recognizing original Settlement Agreement and its limit to ACLF use. l~t~efoprlent Departm~ent Director City Manager's Signature Planning and Zonin~e~tor City Attorney / Finance / Human Resources s :XPIanningXSHARED\WP~ROJ£CTSWenetian Villas~genda Item Request Venetian Villas NWSP 03-021 1-20-04.dot S:~BULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNI'NG AND ZONZNG D~r~st'ON MEMORANDUM NO. PZ 03-295 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, A[CP (:'~ Planner DATE: December 11, 2003 PROJECT NAME/NO: VeneUan Villas / NWSP 03-021 REQUEST: New Site Plan PRO3ECT DESCRZPT[ON Property Owner: RSPB, LLC Applicant: Venetian Villas, LLC in care of Mr. Michael Hoeflinger Agent: Mr. Michael Hoeflinger with Atlantis Development Corporation Location: South side of Southwest 23rd Avenue (Golf Road), west of Southwest 13~ Street, approximately 600 feet east of Congress Avenue (see Exhibit "A" - LocaUon Map) Existing Land Use/Zoning: High Density Residential (HDR) / Multi-family Residential (R-3) prOposed Land Use/Zoning: No change proposed Proposed Use: 50 fee-simple townhouse units at 10.64 du / acre Acreage: 4.699 acres (200,376 square feet) Adjacent Uses: No~th: Right-of-way for Southwest 23~ Avenue (Golf Road), then developed single-family residential homes (Leisureville) with a Moderate Density Residential (MDR) land use designaUon, zoned Single-family Residential (R1-AA) and developed as a Planned Unit Development; South: Right-of-way for the Lake Worth Drainage District L-27 Canal, also known as the Staff Report - Venetian Villas (NWSP 03-021 ) Memorandum No PZ 03-295 Page 2 Lazy Lake Waterway, then farther south are single-family residential homes with a Low Density Residential (LDR) land use designaUon, zoned Single-family ResidenUal (R1-AA); East: Right-of-way for Southwest 13m Street, then farther east are developed single- family homes with a Low Density Residential (LDR) land use designation, zoned Single-family Residential (R1-AA); and West: Developed residential (Homewood Residence) with a High Density Residential (HDR) land use designation, zoned Multi-family Residential (R-3), then farther west is the right-of-way for Congress Avenue. BACKGROUND Proposal: Hr. Michael Hoeflinger proposes to construct 50 fee-simple townhomes on a 4.699- acre parcel in the R-3 zoning district. The project would be a gated community. The subject site is a porUon of properties located on both the northeast and southeast corners of Southwest 23rd Avenue (Golf Road) and Congress Avenue. These properties (known as Alhambra Square South and Alhambra Square ACLF) were the subject of a :[989 "SUpulaUon and Settlement Agreement" (see Exhibit "D'~. This Agreement was forged between the property owners and the City of Boynton Beach. While the Agreement allowed the property owner to rezone to the R-3 zoning district in order to allow for a higher density, it restricted the use of the property to an Adult Congregate Uving Facility (ACLF) with at most, 248 beds. ]n September of 2002, Mr. Bob Bentz of Land Design South submitted a request to rezone the property from R-3 to Planned Unit Development (PUD) in order to construct 66 townhouse units. In August of 2000, a Joint MoUon and Agreed Order was authorized by the Court that allowed the review of an alternaUve development plan. If supported by the Planning & Development Board, the Court could be peUUoned to amend the Agreement. The Board unanimously denied the request for site plan approval. Unable to review the plan, the City Commission on February :t8, 2003, moved to request another court order to allow the Commission to review the proposed project. The desired court order was granted. Any new or substanUal change to the existing application would need full review by staff, the Planning & Development Board, and the City Commission. This project is not a request to rezone to PUD and is a site plan only, wholly separate from the previous applicant. [f this site plan were approved as proposed (with townhouses), the settlement agreement would have to be amended accordingly to lift the use restricUon of the property to that of only an ACLF (see Exhibit"C'- CondiUons of Approval). AddiUonally, the Agreement also currently governs building height, roof pitch, parking lot lighUng, dumpster placement, use of the LWDD Canal fight-of-way, buffering, and landscaping. Staff reviewed the proposed site plan to ensure compliance with the design guidelines of the Agreement (see Exhibit "C" - Conditions of Approval). Aside from the Agreement, townhouses are permitted uses in the R-3 zoning district. All proposed development would occur in one (1) phase. Staff Report- Venetian Villas (NWSP 03-021 ) Memorandum No PZ 03-295 Page 3 Site Characteristic: As previously mentioned, the subject property is a rectangular-shaped lot located on the south side of Southwest 23~ Avenue, east of Congress Avenue. According to the previous site plan staff report for Hampton Court (NWSP 02-023), the ,lanuary 14, 2003 Environmental Assessment (submitted with Hr. Bentz request) indicated that the majodty of the subject parcel had been previously cleared. The Assessment reports that the vegetation remaining on the parcel consists of a scattered slash pines and exotic trees and shrubs. The open areas on the site are comprised of disturbed open field over-grown with native and non-native weedy herbaceous plants. No endangered, threatened, or spedes of special concem as listed by the US Rsh and Wildlife Service (USFWS) and Florida Fish Wildlife Conservation Commission (FFWCC) were observed on the project site. No unique or endangered habitat, migratory bird rookeries, wading bird habitat or colonial bird nesting / roosting areas are located on the subject site. Evidence of Osprey utilizing Australian and Slash pine trees as feeding perches was observed. However, the Osprey is not listed as a species of special concem in the State of Florida; except for in Monroe County. Also, no wetlands or other surface waters are located on this parcel. The survey shows that an asphalt path runs within the interior of the site starting at the terminus of the Southwest 13~ Street right-of- way. The Survey also shows that an abandoned 10-foot wide utility easement was located near the center of the property. Concurrency: ~ Traffic: A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division determined that the project meets the Traffic Performance Standards of Palm Beach County. The anticipated build-out year is 2005. Drainage: Conceptual drainage Information was provided for the City's review. The Oty's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until Ume of permit review, when more complete engineering documents are required. The on-site drainage system shall be accomplished via a combination of green swales, exfiltration trenches, and dry retention. The draina§e design shall conform to the requirements of the Oty of Boynton Beach, South Florida Water Hanagement District, and the Lake Worth Drainage District (LWDD). The paving, grading, and drainage plan shows an outfall into the LWDD canal. This point of outfall will require permits from the LWDD. According to the LWDD, when improving a piece of property that abuts an LWDD right-of-way, the developer is typically required to dredge or improve that portion of the right-of-way (canal) that directly abuts said property in case of an emergency (i.e. hurricane). If possible, Oty staff respectfully requests the applicant petition the LWDD to dredge the right-of-way adjacent to the subject property, to the minimal extent possible (to the satisfa~on of the District) so as to not impact the flora and fauna that may be found in the LWDD right-of-way and providing additional buffer to adjacent single family residential (see Exhibit ~C"- Conditions of Approval). Staff Report- Venetian Villas (NWSP 03-021) Memorandum No PZ 03-295 Page 4 School: The School District of Palm Beach County is currently reviewing the project for school concurrency purposes. As of today's date, no determination has been received from the District. Therefore, no building permits shall be issued unit the District approves the project (see Exhibit "C' - Conditions of Approval). Driveways: The site plan (sheet AS-l) shows that the development's main driveway is proposed on Southwest 23rd Avenue (Golf Road). This point of access would allow for both vehicular and pedestrian ingress / egress, it would be a gated entry. Two (2) vehicular ingress lanes and one (1) vehicular egress lane is proposed at this driveway opening. A vehicle turn-around area would be provided as well. The Engineering Division of Public Works reviewed the vehicle tum-around area and determined that the queuing area would be adequate. A subordinate driveway opening is also proposed on Southwest 23rd Avenue, just west of the proposed main entry drive. This ddveway would only allow for vehicular egress and for pedestrian ingress / egress. Similarly, it would also be gated. One emergency point of access is proposed at the southeast comer of the property, near the terminus of Southwest 13m Street. This entrance / exit would be only be used for emergency vehicles if all Other points of access were obstructed. :It would remain as a fenced portion of the property but equipped with a Knox Box so that in case of emergency, vehicles could enter or exit the site without complication. Staff recommends improving the unimproved portion of Southwest 13th Street so that it would connect to the project's proposed point of emergency ingress / egress (see Exhibit "C" - Conditions of Approval). Parking Facility: Two and three bedroom townhouse units would require two (2) parking spaces for each unit. The recreaUon area would require five (5) parking spaces. Based on the above-referenced methodologies, 105 parking spaces would be required for the proposed project. The site plan (sheet AS-l) shows that 115 parking spaces or an excess of 10 spaces would be provided. The project proposes several types of models, namely Unit "A" through Unit "D'; Each type of unit would have two-car garages, except for Unit"A'; which would have a one-car garage. The driveways in front of Unit"A" however, would be large enough to accommodate one (1) parked vehide. Therefore, each unit would be able to comply with their off-street parking requirement regardless of the on-street parking that would be provided. The site plan (sheet AS-l) shows several parallel and 90-degree parking stalls. The detail of the parking spaces (as shown on sheet AS-l) indicates that the 90-clegree parking stalls would be dimensioned 10 feet in width by 20 feet in length. The 90-degree handicap space would be 12 feet in width with five (5) feet of striping by 20 feet in length. The dimensions of the proposed parallel parking spaces would have to comply with Engineering Drawing K-1 (see Exhibit "C" - Conditions of Approval). The parking lot lighUng is shown on the photometric Plan (sheet ES-l). The proposed outdoor freestanding lighting structures would be 25 feet in height and made of a concrete pole, The proposed lighting levels near the perimeter of the property would be minimal because the lighting poles would be located internal to parcel, away from the abutting residential properties. This would comply with the lighting pole location restriction of the Agreement. However, a note on the plans Staff Report- Venetian Villas (NWSP 03-021 ) Memorandum No PZ 03-295 Page 5 indicates that the lights would comply with Chapter 23, A~cle 1I.A.1 of the Land Development Regulations, meaning that they will remain illuminated until 2:00 a.m. Therefore, the plans are in violation of this stipulation. Staff recommends the Agreement be amended to allow for code required lighting, illuminating the project similar to lighting levels on public streets (see Exhibit "C" - Conditions of Approval). Landscaping: The proposed pervious area of the parcel equals 1.645 acres or 35% of the total site. The Planting Data Table (sheet L-2) indicates that 56% of the shade / palm trees would be native. Over 67% of the shrubs and accents would be native. Rnally, 80% of the groundcover plant material would be native. The Table indicates that the plan would provide a total of 121 shade and palm trees, 1,837 shrubs and accents, and 485 groundcover plants. The width of the north (front) landscape buffer along Southwest 23ra Avenue (Golf Road) varies but would be at minimum, 15 feet in width and contain Brazalian Beauty Leaf, Simpson's Stopper and Purple Glory trees with a row of Redtip Cocoplum hedges installed at the base. An extra row of colorful Iow-growing groundcover would be required on the north side of the proposed row of Redtip Cocoplum hedges in order to comply with Chapter 7.5, Article 1[, Section 5.D of the Land Development Regulations (see Exhibit"C"- Conditions of Approval). The west (side) landscape buffer width would vary but be at least 20 feet wide and contain 11 Gumbo Umbo shade trees. A row of Fakahatchee grass is also proposed along the perimeter of the western property line. The width of the south (rear) landscape buffer (adjacent to the Canal) varies but would be at minimum, 40 feet in width and contain a mixture of Eve Oak and Sweet IVlahogany trees with a row of Fakahatchee Grass installed along the southern perimeter. The trees within this buffer would be installed at varying heights (12 feet, 14 feet, and 16 feet). The developer wants to ensure that the views of the townhouse project would be screened at the upper (2n~ story) levels so as to not impact thesingle-family neighborhood across the canal. However, on the subject property, direct visual access of the canal would be maintained at ground level just above the height of the Fakahatchee Grass. According to the developer, these units would be sold at a premium rate because of the ~waterfront" characteristic. The Court Agreement also stipulates that "no parking spaces or improvements except landscaping shall be constructed or Installed in the Lake Worth Drainage District "right-of-way" south of the Alhambra Square South and Alhambra Square ACLF parcels". The proposed plans comply with the Agreement. The width of the east (side) landscape buffer adjacent to Southwest 13a Street varies but would be at minimum, nine (9) feet wide. Similarly, this buffer would contain Uve Oak and Sweet Mahogany trees and a row Redtip Cocoplum hedges installed along the base. An extra row of Iow-growing groundcover plants would be required along the street side of the Redtip Cocoplum hedges. Within this buffer and similar to the southern buffer, staff recommends varying the heights of the proposed Uve Oak and Sweet Mahogany trees between 12 feet and 16 feet (see Exhibit "C" - Conditions of Approval). The Landscape Elevations (as shown on Staff Report- Venetian Villas (NWSP 03-021) Memorandum No PZ 03-295 Page 6 Sheet L-3) depict how the proposed landscape material would screen and soften the proposed development as viewed from the public rights-of-way. Buildings and Site: The proposed buildings and site design would generally meet code requirements when staff comments are incorporated into the permit drawings. According to the site plan (sheet AS-l), a six (6) foot high green aluminum picket fence would surround the entire property, except for along the southem property line adjacent to the LWDD canal. The fence is shown on the"Entry Gates Elevation" on sheet A- F-1. No other fence, except the require one around the pool area, are proposed now or in the future. No "buffer wall'; as required by the Agreement, is proposed along the south property line. The omission of the wall along the south property line violates this stipulation. Staff recommends a combination of wall ! landscaping similar to the Homewood Residence be placed along the southern property line of the subject property (see Exhibit "C"- Conditions of Approval). This would require amending the Agreement. To avoid future confusion, staff is requesting the architect place a note on the site. plan indicating that no provisions are made for future outdoor patios, internal fences, screen-roof, or solid-roof enclosures other than what is shown on the plan (see Exhibit "C"- Conditions of Approval). This note would be separate and apart from the limitations imposed by the Agreement. The 50 dwelling units are proposed within 10 separate buildings (Buildings "A" through 'U") on the 4.699-acre site. The proposed density is 10.64 units per acre, which would comply with the maximum allowed density of 10.8 dwelling units per acre of the High Density Residential (HDR) future land use designation. However, as previOusly mentioned, the Agreement would have to be amended to allow for a use other than an ACLF (or detached single family homes). Ali buildings combined would account for 29.15% lot coverage and are proposed as two (2) story structures. This would comply with the Agreement's limitation on the maximum number of stories. It would also comply with the maximum number of stories allowed in the R-3 zoning district. The tallest building would be 26 feet - five (5) inches in height. This needs to be itemized on the site plan tabular data (see Exhibit"C"- Conditions of Approval). The units would have either two (2) or three (3) bedrooms. The overall living area (from 1,560 square feet to 2,059 square feet) would vary between each unit type. The townhouse buildings would be setback as follows: 40 feet from Southwest 23~d Avenue (Golf Road); 20 feet from the west (side) property line; 20 feet from the east (side) property line along Southwest 13~ Street; and 40 feet from the south (rear) property line along the LWDD Lazy Lake Canal. The project complies with the setback requirements of the R-3 zoning district. All buildings would be separated from each other by at least 13 feet. No dumpster enclosure is proposed. The developer proposed rollout container service for each unit. The Public Works Department has reviewed the plans and determined that rollout containers would work for the community. However, Public Works requests that future owners residing in the building labeled as Building (as shown on sheet AS-l) locate their containers across the street on the east side of Building "C" on trash pickup days due to their ~dght side pickup" equipment. Staff assumes that the rollout containers would be stored inside the garages during Staff Report- Venetian Villas (NWSP 03-021) Memorandum No PZ 03-295 Page 7 non-trash pickup days. The rollout containers would meet the intent of the dumpster enclosure restriction of the Agreement. One (1) mail kiosk is proposed west of the building labeled as Building "E". This mail kiosk would serve the entire community. A handicap parking space would be provided near the mail kiosk. The project proposes a pool and cabana for its recreation area. To supplement the limited recreation and accessible green space proposed for the project, staff recommends incorporating a meandering pedestrian trail into the design of the southern landscape buffer, which would link to the internal walkway system (see Exhibit "C" - Conditions of Approval). The Rre Department and the Engineering Division of Public Works reviewed the entire site and determined the vehicular circulation and location of fire hydrants would be adequate. However, it should be noted that the "T" turn-around areas (also known as the Hammerhead), as proposed, would be insufficient for emergency and service vehicles. The "T" portion of the turn-around areas would have to be increased in length to comply with National Rre Protection Association (NFPA) standards. According to the Engineering Division, only minor changes are required in order to comply with NFPA standards. Nonetheless, the applicant will be required to submit a rectified set of plans that comply with NFPA standards pdor to the issuance of any building permits (see Exhibit"C"- Conditions of Approval). Design: The proposed project would be described as a "new urbanism" type of development. As previously mentioned, the buildings would be two (2) stories tall. The slope of the roof would be four and one-half (41/2) to 12, which would comply with the Agreement. The proposed buildings would primarily be comprised of earth tone colors. The building colors for Unit Type "A" and "D" are itemized as the following Benjamin Hoore paints: Nugget (AC-9) and Yosemite Sand (AC-4). The columns, railings, and stucco bands would be painted off-white (Glacier White AC- 40) while the accent stucco at porches and balconies would be dark brown (Arroyo Red 2085-10). The front entry and garage doors would be dark green (Cushing Green HC-125). This would be the same color of the perimeter fencing. The building colors for Unit Type "B" and ~C" are itemized as the following Benjamin Iqoore paints: Summerdale Gold (HC-17), Waterbury Cream (HC-31), and Windham Cream (HC-6). The columns, railings, and stucco bands would be painted white (Brilliant White) while the accent stucco at porches and balconies would be dark brown. Again, the front entry and garage doors would be the same (Cushing Green HC-125). All roofs would be made of S-tiles. The color palette for the pool cabana is different than.from the townhomes. The roof would be standing seam metal and the building would be painted light pink (Benjamin Moore Ught Mocha 29096-60). The stucco bands would be off-white (Glacier White AC-40). Signage: The elevaUons show that no building wall signs are proposed. An "entry wall" sign is proposed on each side of the project's main entrance. According to the Signage Wall Elevation (sheet A-F-Z), the brass sign letters would read "Venetian Villas". The sign would be almost 32 square feet in area, which would comply with Chapter 21, Article iV, Section :[.D of the Land Development Regulations. Staff Report- Venetian Villas (NWSP 03-021) Memorandum No PZ 03-295 Page 8 RECOHMENDAT'~ON: The Technical Review Committee ('I-RC) has reviewed this request for new site plan approval. Staff recommends approval, conUngent upon successfully saUsrying all comments indicated in Exhibit "C" - CondiUons of Approval. Any addiUonal condiUons recommended by the Board or City Commission shall be documented accordingly in the CondiUons of Approval. S:\Planning\SHARED\WP\PRO]ECTS\VenetJan Villas\Staff Report.doc VI.-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 [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (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 February 3, 2004 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 04-013. EXPLANATION: PROJECT: Pylon Interstate Plaza (Phase H) (HTEX 03-009) AGENT: Steven L. Cohen OWNER: Chamber Properties, LLC LOCATION: 1501 Corporate Drive, immediately west of Lowes Home Improvement Center DESCRIPTION: Request for a height exception of 18 feet-7 inches to allow the peak of an elevator tower to extend above the 35-foot maximum height provision in the Office Professional C-1 zoning district. PROGRAM IMPACT: FISCAL IMPACT: ~ ] DevelopIl~t l~lpar~ment Director City Manager's Signature ~ Planning and Zoning Directgt'/ City Attorney / Finance / Human Resources S:~PIanning~SHARED\WP~PROJECTSh~ylon Inte(r~ite PlazaLItTEX 03-009XAgenda Item Request Plyon Interstate Plaza Phase 1I HTEX 03-009 2-3-04.dot S:x, BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-013 TO: Chairman and Members Planning & Development Board THRU: Michael Rumpf Director of Planning and Zoning FROM: Eric Lee .lohnson, AICP Planner DATE: 3anuary 15, 200~ PRO3ECT: Pylon interstate Plaza / HTEX 03-009 REQUEST: Height Exception PROJECT DESCR/P'ITON Property Owner: Chambers Properties LLC Applicant: Neal G. Chambers Agent: Steven L. Cohen Location: 1501 Corporate Drive (see Exhibit "A"- Location Map) Existing Land Use / Zoning: Office Commercial (OC) / Office Professional (C-1) Proposed Land Use/Zoning: No change proposed Proposed Use: Office building Acreage: 124,581 square feet / (2.86 acres) Adjacent Uses: North: Right-of-way for Woolbright Road, then farther north is developed commercial property (Racetrac gas station), zoned Community Commercial (c-3); South: Vacant industrial (retention pond for Boynton Commerce Center) property, zoned Planned Industrial Development (PiD); East: Two (2) story office building in Phase One, then farther east is right-of-way for Southwest 7~ Court, still farther east is developed commercial (Lowe's), - zoned Community Commercial (C-3); ..... West: Right-of-way for Lake Worth Drainage District (LWDD) E-4 Canal, then farther west is developed commerdal (Rrst Southern Bank). A 60+/- foot portion of the subject property abuts developed residential property (Leisureville), zoned Single-family residential (R-1AA). Page 2 Memorandum No. PZ 04-013 The applicant submitted a request for conditional use / site plan (COUS 03-009) approval for the construction of a 29,419 square foot office building. This application for a height exception accompanies the request for conditional use / site plan approval. The subject property is located at the southwest coroer of Woolbdght Road and Southwest 7~ Court. The maximum building height in the C-1 zoning district is 30 feet and the building cannot exceed two (2) stories. However, according to Chapter 2, Section 6.A.3, two (2) floors over under-story parking is allowed up to a maximum of 35 feet but subject to conditional use approval. The elevation (see Exhibit "8'7 shows that the building will be three (3) stories tall. The first "floor" would primarily consist of the parking lot under the building, mechanical rooms, lobby, and elevator shaft. The traditional office space would only occur on the second and third stories. Land Development Regulations, Chapter 2, Zoning, Section 4. F.3, Height Umitations and Exceptions, states that in considering an application for an exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. Except for within the Central Business District (CBD), Nixed-Use Low (MU-L), and Nixed-Use High (MU-H) zoning districts, the standard citywide maximum building height is 45 feet. However, the maximum building height in the C-1 zoning district is 30 feet. In the C-1 zoning district, when proposed structures are to be built above subterraneous or ground level parking lots, projects are considered not as permitted uses but rather as conditional uses. Subterraneous parking areas are preferred over surface parking areas, however, they are only feasible if the property has adequate ground elevation and soil type for drainage solutions. Additionally, conditional uses are different from permitted uses in that they must comply with a separate set of developmental / performance standards as well as be the subject of public noticing. Also, in the C-1 zoning district, When a building is proposed above the parking lot (as in this case), the maximum allowable building height can be increased from 30 feet to 35 feet. The building as shown on the sheet A-3 (see Exhibit "B") is proposed at 35 feet in. height. Therefore, the proposed building complies with the maximum allowable building height in the C-1 zoning district. The parapet wall (which screens the mechanical rooftop equipment) is proposed at 40 feet in height. This parapet wall is not counted towards building height. However, the peak of the pitched standing seam metal roof (proposed above the elevator shaft) would be 53 feet - seven (7) Inches in height. The project therefore, would require an 18 feet - seven (7) inch height exception. Pitched roofs that conceal electrical and mechanical support systems are eligible to be considered for height exceptions. Zn considering an application for exception to district height regulations,~ the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to specific standards. The exception would not have an adverse effect on the existing and proposed land uses. [t is necessary to ~hide" the elevator shaft and its mechanical equipment. [t would not severely reduce light and air in adjacent areas. The building would be setback over 56 feet from the west property line. The height exception would not adversely effect property values in adjacent areas or adversely influence the living conditions in neighboring communities. The pitched roof would provide an attractive fea[ure to help beautify what would ordinarily be a plain fiat roof of an elevator shaft. According to the applicant, the roof serves no other function aside from aesthetic value and appeal. The ~uilding could function without the decorative roof, however, it would be a plain, fiat, roofline. Granting of this height exception does not constitute a special privilege to the current property owner. Staff feels that the standing seam metal roof would enhance the overall project dynamic and its exclusion would be Page 3 Memorandum No. PZ 04-013 detrimental to the design. Therefore, staff determined that the project meets the intent of all criteria itemized in Chapter 2, Section 4.F.3. of the Land Development Regulations. RECOMMENDA'I'~QN Based on the analysis contained herein, staff recommends that this request for a height exception of 18 feet - seven (7) inches be approved for the standing seam metal roof over the elevator equipment shaft, subject to the conditions of approval listed in Exhibit "C". Any conditions of approval recommended by the Board or required by the City Commission will be placed in Exhibit "C" accordingly. S:\Planning\SHARED\WP\PRO]ECTS\Pylon Interstate Plaza\HTEX 03-009~Staff Report.doc 1 in. = 300.0 feet PCD PCD Home De LOwe's LOCATION MAP PYLON INTERSTATE PLAZA Phase II LOCATION MAP EXHIBIT "C" Conditions of Approval Project name: Pylon Interstate Plaza File number: HTEX 03-009 Reference: Elevation drawings with a Janua~ 14, 2004 date stamp marldng DEPARTMENTS INCLUDE REJECT PUBLIC WORKS 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: 1. If approved, indicate by note on the elevation pages, "Building height X approved per HTEX 03-009". ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 2. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 3. To be determined. S:~Planning~SHARED\WPX, PROJECTS',Pylon Interstate Plaza~HTEX 03-009\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Pylon Interstate Plaza APPLICANT'S AGENT: Mr. Steven L. Cohen APPLICANT'S ADDRESS: 300 Northwest 82"~ Avenue, Suite 406 Plantation, Florida 33324 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 3, 2004 TYPE OF RELIEF SOUGHT: Request approval of a height exception of 18 feet - seven (7) inches LOCATION OF PROPERTY: 1501 Corporate Drive, immediately west of Lowe's Home Improvement Store. 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\WFSPROJECTS~Pylon Interstate Plaza\HTEX 03-009\DO.doc VI.-CONSENT AGENDA ITEM D.3 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tumed 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 [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (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 February 3, 2004 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 04-014. EXPLANATION: PROJECT: Boynton Place (NWSP 03-025) AGENT: Michelle Diaz-Mendez, P.E., Cordova Mendez Design Group, Inc. OWNER: Chevron U.S.A., Inc. LOCATION: 310 North Congress Avenue DESCRIPTION: Request for New Site Plan approval for a 7,800-square foot retail building on a 0.75-acre parcel in a C-3 zoning district. PROGRAM IMPACT: FISCAL IMPACT: ~ ~/ ALTERNATIVE S :~Lld~.~//~ Si~~ture - D evel ~ff~en(D ep&'t~a~,'~lt Directo( ~ Planning and Zoning D~tor City Attorney / Finance / Human Resources S:~Ianning~SHARED\WP~PROJECTS~Boynton PlaceLa, genda Item Request Boynton Place NWSP 03-025 2-3-04.dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANN]'NG AND ZONZNG DI'V/St'ON MEMORANDUM NO. PZ 04 - 014 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf ~Y~,t~-~- Planning and Zoning Director FROM: Ed Breese ~ Principal Planner DATE: January 20, 2004 PROJECT NAME/NO: Boynton Plac,e / NWSP 03 - 025 REQUEST: New Site Plan PRO.1ECT DESCRZPTZON Property Owner: Chevron USA, :[nc. Applicant: The Paradise Group Agent: Hichelle Diaz-Mendez, P.E. of Cordova Hendez Design Group, Inc. Location: 310 North Congress Avenue (see Exhibit "A" - LocaUon Hap) Existing Land Use/Zoning: Local Retail Commercial (IRC) / Community Commercial (C- ' 3) Proposed Land Use/Zoning: No change proposed Proposed Use: Request site plan approval for a one-story, 7,800 square foot commercial center on a 0.75-acre parcel. Acreage: 0.75 acres Adjacent Uses: North: Right-of-way for the Lake Worth Drainage District (LWDD) L-2a, Canal, then farther north the Oakwood Square Shopping Plaza with a Local Retail Commercial (IRC) land use designation, and zoned Community Commercial (C-3); South: Right-of-way for Boynton Beach Boulevard, then farther south is Hobil Gas StaUon with a Local Retail Commercial (IRC) land use designaUon, and zoned Community Commercial (C-3); Staff Report - Boynton Place (NWSP 03-025) Memorandum No PZ 04-014 Page 2 East: The Stop-N-Go Convenience Store, then farther east the Village Plaza, both with a Local Retail Commercial (LRC) land use designation, and zoned Community Commercial (C-3); and West: Right-of-way of Congress Avenue, then farther west the Shell Gas Station with a Local Retail Commercial (LRC) land use designation, and zoned Community Commercial (C-3). Project size: The project consists of a one-story, 7,800 square foot commercial building. Site Characteristic: The subject parcel is a relatively square piece of land approximately 200 feet long and approximately 175 feet wide. The parcel is the site of the former Chevron service station situated at the northeast comer of Boynton Beach Boulevard and Congress Avenue. The existing building will be removed as part of this project. The survey shows that the highest elevation is 15.6 feet above sea level, located near the north property line, along the Lake Worth Drainage District (LWDD) easement. BACKGROUND Proposal: The Paradise Group proposes to construct a one-story, 7,800 square foot commercial center with three (3) retail bays. Concurrency: ~ Traffic: A traffic concurrency approval letter from Palm Beach County Traffic Engineering will be required prior to issuance of a building permit. No permit will be issued prior to determination that the project meets the Traffic Performance Standards of Palm Beach County. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information for the subject property to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "C" - Conditions of Approval). School: This project is exempt from the school concurrency requirements of Palm Beach County. Driveways: The subject property fronts on both Boynton Beach Boulevard and Congress Avenue. Proposed on-site circulation consists of one driveway near the southeast comer of the property along Boynton Beach Boulevard and one driveway near the northwest corner of the property along Congress Avenue. The two proposed driveways are essentially in the same location as the existing driveways on-site, only the width has been reduced to conform to a more standard 25 foot wide entrance/exit, allowing additional landscape buffedng adjacent to the rights-of-way. Parking Facility: Parking required for this type of facility is based on one (1) parking space per 200 Staff Report - Boynton Place (NWSP 03-025) Memorandum No PZ 04-014 Page 3 square feet of retail space, for a total of 39 parking spaces. The plan as designed accommodates 39 parking spaces, including 2 handicap spaces. The typical parking spaces are dimensioned 9.5 feet x 18.5 feet, with the handicap spaces shown as 12 feet x 18.5 feet with the associated 5 foot striped aisle. Landscaping: The proposed pervious or "green" area of the lot would be 7,736 square feet or 23.7% of the total site. The landscape plan tabular data (Sheet LP-1) indicates that 10 trees, 30 palms and 976 shrubs and groundcover are being provided. Typical trees being utilized in the planting scheme include Gumbo Umbo, Pigeon Plum and 'Rbouchina, along with Sabal and Solitaire palms. Shrub materials selected for the site include Cocoplum, Dwarf Yaupon Holley, Blue Plumbago and Firebush. Three Tibouchina trees are proposed to be planted at the entrance as signature trees. Approximately 62% of the proposed trees are native and 65% of the shrubs depicted are native. Building and Site: Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. The proposed one-story commercial building would have a typical roof height of 23 feet- 0 inches, measured to the top of the crown molding on the average parapet wall. The decorative parapet and cornices at the corners of the building reach a maximum height of 25 feet - 4 inches. The center of the three (3) bays has an arched fa(;ade reaching a maximum height to the top of the crown molding of 30 feet - 10.5 inches. The maximum allowed height in the C-3 zoning district is 45 feet. The floor plan (Sheet A2.1) shows the building is designed for three retail tenant bays, ranging in size from 1,500 to 't,000 square feet. Sheet A4.1 provides an illustration of the building facades, with a stucco finish, brick veneer columns, decorative trims and moldings, radial sun medallions, storefront awnings and decorative light fixtures mounted on the building. Design: The design color board (Sheet D4.1) shows that the building would be designed as a classic retail building with the facade improvements discussed above. The body of the building would be painted a creamy tan color (SW Paints -"Harvest Gold" SW 2858). The accent body color is proposed to be painted a slightly darker tan/earth tone color (SW Paints - "Caribbean Coral" SW 2854). The accent trim areas are proposed to be painted a creamy yellow color (SW Paints - "Colonial Yellow" SW 0030) and a muted green (under the archways) (SW Paints-"Rookwood-lade"SW 2812). The center bay and narrow banding around the building is proposed to be painted a maroon color (SW Paints - "Roycro~c Copper Red" SW 2839). The awnings are proposed to be a Sunbrella fabric ".let Black". $ignage: The signage, according to Sheet A4.2, will be a monument sign typically six (6) feet tall by eight (8) feet in width, arched to follow the design of the building. The arch - -will extend the sign height to seven (7) feet. The sign will follow the design characteristics of the building, including scoring, arch and crown molding, materials and colors. The tenant slgnage on the building is designed for the national tenants the applicant is working with. The center bay has been customized for Starbucks Coffee. The corner bay has been specifically designed for The Vitamin Shoppe, while the final is proposed for a cellular business. The code allows for a deviation Staff Report - Boynton Place (NWSP 03-025) Memorandum No PZ 04-014 Page 4 from uniformity in signage in a center specifically for nationally recognized tenants. Each sign however, is proposed to be individual channel letters. Staff recommends a uniform sign program for the center should a bay not be leased to national tenant, now or in the future. The uniform signage should consist of individual channel letters, a single color of the applicant's choosing from the palette of four colors proposed and not exceeding 30 inches in height (see Attachment "C" - Conditions Of Approval). RECOMMENDATION: The Technical Review Committee (TRC) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon all comments indicated in Exhibit "C"- Conditions of Approval. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. Also, any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. I in. = 200.0 feet PCD C3 U :C 3= C :3 LOCATION MAP BOYNTON PLACE EXHIBIT "A" EXHIBIT "B" EXHIBIT "B" CONGRESS AVENUE (STATE ROAD ~0. 807) _ __ _ __~,~,~,,~, o, ~,_.__ _ _ __ 4 ..... I EXHIBIT "B" I i ZONINg: CJ i~ CON,RESSAVEHUE (STATEROA.~O. 807) { I~ ~ BOYNTON PLACE ~ EXHIBIT "B" 1iI ': ~, ; ~ ~a ~ JLANDUSE: LPF ~ ~ ~: ZOtqNC: C~~ l,lt I!~1 f Il .~ !,MI! il~, '~; '~ '"'~ "' ' "" '" '" r ' ~n & Co~ress ~n B~c~ ~o~ida Ii ~k~ Jr ~ Jl~--~~':- ', il: I~m I Illll m Ill"l'l INmBO*TON PLACE Nil' h.~ ~ I~o ,. co, o,,~ ~w.~ l} ~ = BOYNTON BEACH, FLORIDA EXHIBIT "C" Conditions of Approval Project name: Boynton Place ( f.k.a. Paradise Plaza) File number: NWSP 03-025 Reference: 2~a review plans identified as a New Site Plan with a January 12, 2004 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: NONE X PUBLIC WORKS- Traffic Comments: 1. Provide a traffic analysis and notice of concurrency (Traffic Performance X Standards Review) from Palm Beach County Traffic Engineering. UTILITIES Comments: 2. Palm Beach County Health Department permits may be required for the X water and sewer systems serving this pro~ect (CODE, Section 26-12). 3. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 4. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 5. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X water. As other sources are readily available City water shall not be allowed for imgation. 6. Water and sewer lines to be owned and operated by the City shall be X included within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). 7. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 8. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 9. Utility construction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. FIRE Comments: 10. Prior to Fire Department approval of a building peru-tit, new construction X projects must provide the results of a hydrant flow test indicating a fire flow not less than 1500 gpm ~ 20 psi above domestic use. This applies to new or existing hydrants within the required 200 feet of the facility. POLICE Comments: NONE X ENGINEERING DIVISION Comments: 11. Show proposed site lighting on the Landscape plans (LDR, Chapter 4, X Section 7.B.4.) Lighting levels are high for this location. Glare, which is readily perceptible at any point at or beyond the property on which the use is located, is prohibited (LDR, Chapter 2, Section 4.N.7). Lighting shall not be used as a form of advertising in a manner that draws more attention to the building or grounds at night than in the day (LDR, Chapter 9, Section 10.F.5). 12. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 13. Paving, Drainage and Site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. BUILDING DIVISION Coinments: - 14. Every exterior wall within 15 feet of a property line shall be equipped with X approved opening protectives per 2001 FBC, Section 705.1.1.2. DEPARTMENTS INCLUDE REJECT 15. Buildings, 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 ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). 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. 16. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 17. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readil}, available. 18. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the pemlit shall be submitted at the time of permit application, F.S. 373.216. 19. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a) The full name of the project as it appears on the Development Order and the Commission-approved site plan. b) The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 20. Submit details of the lift station per BBA to the 2001 FBC, Section 104.2.1. X PARKS AND RECREATION X Comments: NONE FORESTER/ENVIRONMENTALIST Comments: X Landsc~,ne Plan-Plant IJist Sheet LP-1 21. All shade and palm trees on the Plant List must be listed in the specifications as a minimum of 12-14 feet in height, 3 or 4 inches caliper at DBH (4.5 feet off the ground), and Florida #1 (Florida Grades and Standards manual) The height of the trees may be larger than 12-14 feet to meet the 3 or 4 inch caliper requirement. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] Indicate the number of Sabal Palms to be planted at each height. 22. The shrubs listed must be planted 24 inches o.c. with a height of 24 inches X and spread of 24 inches. PLANNING AND ZONING CoHuii~'lts: 23. The detail of the typical freestanding outdoor lighting fixture should include X the overall height, exterior finish and color(s). The design, style, and illumination level shall be compatible with the building design (height and style) and shall consider safety, function and aesthetic value. Modify the hmlat fixtures to match those orooosed for the buildin~ and desima the Conditions of Approval 4 DEPARTMENTS lighting with more appropna 24. The site plan indicates a sidewalk easement along Boynton Beach X Boulevard, which is being utilized as part of the required landscape buffer. Initiate abandonment through Palm Beach County. If it cannot be abandoned, or if landscape buffer cannot be installed within the easement, a variance must be a roved for a deficient buffer. 25. It appears as though the parking lot is intended to access the parking lot of X the neighboring property to the east. If so, provide a cross-access agreement and also greater detail on the plans of the connection of the two (depicting the existing off-site improvements) to ensure compatibility. Staff encourages the connectivi between sites. 26. One (1) canopy tree is required for every 30 linear feet of perimeter buffer. X When utilizing palms to meet this requirement, three (3) palms are the equivalent of one (1) canopy tree, and such palms must be planted in clusters of three (3). Trees are required in the hedgerow on the north side of the loading space. 27. The back side of the false facades should be finished with like material as X the front side to present a finished product from all elevations. 28. A uniform sign program for the center should be developed in the event any X bays are not leased to nationally recognized tenants, now or in the future. This uniform signage program should consist of individual channel letters, only one of the four colors proposed by the developer and not exceeding thirty (30) inches in height. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: X 1. None ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S APlanning\SHARED\WP~PROJECTS~Paradise Plaza\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Place APPLICANT'S AGENT: Michelle Diaz-Mendez of Cordova Mendez Design Group, Inc. APPLICANT'S ADDRESS: 320 S. Flamingo Road, Pembroke Pines, FI 33027 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 3, 2004 TYPE OF RELIEF SOUGHT: Request site plan approval for a one-story, 7,800 square foot commercial building on 0.75 acres LOCATION OF PROPERTY: 310 North Congress Avenue 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 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 VL-CONSENT AGENDA ZTEt4 D.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tumed 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 [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January6,2004 DecemberlS, 2003(Noon) [] March2,2004 February l6, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (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 February 3, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, reconm~ended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-006. EXPLANATION: PROJECT: Calvary Chapel of Boynton Beach (SPTE 03-007) AGENT: George Marse, Pastor Calvary Chapel OWNER: Calvary Chapel of Boynton Beach LOCATION: 3190 Hypoluxo Road, West of Congress Avenue, South of Hypoluxo Road DESCRIPTION: Request for a second, one (1) year time extension of the site plan approval granted on December 4, 2001 to December 4, 2004. PROGRAM IMPACT: ALTERNATIVES: Development~Dep~h~rment Director C~ty Manager's Signature Planning and Zoning DirectS] City Attorney / Finance / Human Resources S:Wlanning~HARED\WPWROJECTS\Calvary Cliapel Boynton Beach~SPTE 03-007~genda Item Request Calvary Chapel of Boynton Beach SPTE 03- 007 2-3-04.dot S:'xBULLETINWORMS'~kGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-006 TO: Chairman and Members Planning & Development Board THRU: Michael Rumpf~I~ Director of Planning and Zoning FROM: Ed Breese ~ Principal Planner DATE: .January 12, 200,~ PRO.]ECT: Calvary Chapel / SPTF 03-007 REQUEST: Site Plan Extension PRO3ECT DESCI~P'T'~ON Property Owner: Calvary Chapel Boynton Beach Applicant/Agent: George Marne, Pastor Calvary Chapel Location: 3190 Hypoluxo Road (see Exhibit "A"- Location Map) Existing Land Use / Zoning: Moderate Density Residential (MoDR) / Planned Unit Development (PUD) Proposed Land Use/Zoning: No change proposed Proposed Use: 21,250 square foot Place of Worship Acreage: 8.84 acres Adjacent Uses: North: LWDD L-18 Canal, then farther north Hypoluxo Road right-of-way, and single-family residential property outside the City limits; South: Single-family residential development which is part of the Meadows Planned Unit Development (PUD); East: IVlulti-family residential development (Club Meadows) which is part of the Meadows Planned Unit Development (PUD); and West: Freedom Shores Elementary School. BACKGROUND Pastor George Marse of Calvary Chapel is requestJng a one (1)-year time extension, for the site plan approval (NWSP 01-011) originally granted on December 4, 2001, and the Site Plan Time Extension (SPTE 02-003) approved by the City Commission on February 4, 2003. The property, zoned Planned Unit Development (PUD), is currently vacant and approved for a 21,250'square foot chUrch. This would be the Page 2 Memorandum No. PZ 04-006 first phase of a four (4) phase project that would ultimately include a 30,000 square foot pdvate school, a 9,000 square foot gymnasium, a 48 bed Congregate Living Facility (CLF) and a 250 seat expansion to the church being constructed in phase one. This approval however, is only for the construction of the church building in phase one. Phases two (2) through four (4) will require separate site plan approvals, sUbject to Planning & Development Board and City Commission review. If this request for extension were approved, the expiration date of this site plan, including concurrency certification would be extended to December 4, 2004. On December 4, 2001, the City Commission granted site plan approval for the above-referenced project and an extension was granted on February 4, 2003. The site plan approval and subsequent extension were subject to 21 CondiUons of Approval. All project condiUons of approval pertaining to the site plan would still apply. According to Chapter 4, Section 5 of the Land Development RegulaUons, "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 Ume extension prior to the expiraUon of the original approval. In this case, the applicant has met the requirement. The Planning & Zoning Division received the application for a site plan Ume extension on December 1, 2003, prior to the expiration date. After Commission approval, the finalizaUon of the architectural plans took longer than expected and the Church requested an extension, which was subsequently approved on February 4, 2003. Then, after these plans were completed, the Church attempted to place the project out for bid. Several of the contractors contacted for bids indicated that they already had a full workload and could not complete the project within the timeframe established by the Church. The Church conUnued to solicit bids from a number of contractors in hopes of procuring competiUve pricing for the work. After some time, the Church received the bids. However, the bids were far beyond the Church's financial capabiliUes and exceeded the Bank's commitment for the project. As a result, the Church returned to the Architect to value-engineer the project in an effort to reduce the cost, while retaining the building footprint (any deviation from the approved plans will require major or minor site plan review, depending on the extent of the changes). Upon completion of the plans, the Church intends to re-bid the project. Although it would have seemed prudent to design the project in conjunction with a construcUon estimator to ensure the financial feasibility of the design from the beginning to avoid this situaUon, the circumstances to date appear to provide justification and a need for the formal request for site plan extension. RECOMMENDA'I'~ON Staff recommends approval of this request for a second one (1)-year time extension of the' site plan approval (NWSP 01-011). This recommendation is based on the "good faith" effort shown to build the project (infrastructure plans are undergoing permit review) and that no changes have been made to the Land Development Regulations that would impact this project since it was approved in 2001. Approval of this request for site plan extension would extend the project's expiration date to December 4, 2004. All conditions of approval included in the initial development order must still be satisfactorily addressed during the building permit process as well as proof of maintenance of traffic concurrency. 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:~tanntng~Shared~Wp~Yojects~,alvary Chape~SPTE 03-007~Staff Report.doc Location Map EXHIBIT "A" CALVARY CHAPEL ilC ', EXHIBIT "B" Barrelta & Associates ~ ~ Calvary Chapel Boynton Beach EXHIBIT "B" EXHIBIT "B" O~ :~.~.~ i..,.~o ~ ~rll,;lJ ~.ii!,.~ll i~.,c.,,,,.~, Barre~ta &Associates ~ Calvary Chapel Bo~[on Beach " II ·., Il ~ ~1 ITl I F'I ~ ,.,.,,.,~ .,I,,,,,,.. EXHIBIT "C" Conditions of Approval Project name: Calvary Chapel File number: SPTE 03-007 Reference: Site Plan Time Extension ~ ~ DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General X Comments: None PUBLIC WORKS- Traffic X Conunents: None UTILITIES X Comments: None FIRE X Cmmnents: None POLICE X Comments: None ENGINEERING DIVISION X Cmmnents: None BUILDING DIVISION X Cmmnents: None PARKS AND RECREATION X Con.nents: None FORESTER/ENVIRONMENTALIST X Comments: None PLANNING AND ZONING - X Comments: None I ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS I Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Conm~ents: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Corrlments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Calvary Chapel Boynton Beach\SPTE 03-007~COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Calvary Chapel APPLICANT'S AGENT: George Marse, Pastor of Calvary Chapel APPLICANT'S ADDRESS: 420 West Boynton Beach Boulevard, Suite 201, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 3, 2004 TYPE OF RELIEF SOUGHT: Site Plan Time Extension LOCATION OF PROPERTY: 3190 Hypoluxo Road 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 j:\SHRDATA\Planning\SHARED\WP\FORMS\Blanks forms folder\Develop.Order Form-2001- Revised .doc VT.-CONSENT AGENDA TTEM D.5. 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 [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (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 February 3, 2004 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 ofDevelopment Memorandum No. PZ 04-016. EXPLANATION: PROJEC: Boynton Commerce Center (USAP 03-005) AGENT: Joni Brinkman, AICP, Winston Lee & Associates, Inc. OWNER: Menorah Realty Ltd. and Nayrot Realty Ltd. LOCATION: 1800, 1900, 2000, 2100 Corporate Center Drive DESCRIPTION: Request for Use Approval to include "building cleaning and janitorial services" in the list of permitted uses in the Boynton Commerce Center PID. PROGRAM IMPACT: FISCAL IMPACT: ~/~/ /1 Devel°pme~ep'~[Dir~'ct°r \ Cit~ Manager's Sig't~mre s:Xp, . Planning and Zomg ~lttector City Attorney / Finance / Human Resources · mnnmgXSHARED\WPWROJECTS~Boynton Commerce Ctr\USAP 03-005XAgenda Item Request Boynton Commerce Ct USAP 034)05 2-3-04.dot S:'~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DiViSION MEMORANDUM NO. PZ 04-016 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf Director of Planning & Zoning FROM: Edc Lee .lohnson, AICP ~'/Jf Planner DATE: January 22, 2004 PRO]ECl' NAME/NO: Boynton Commerce Center PID / (USAP 03-005) REQUEST: Use Approval for building cleaning / janitorial services PRO3ECT DESCR];P'I/ON Property Owner: Nayrot Realty, Incorporated Agent: .loni Bdnkman, AICP / Winston Lee & Associates, Incorporated Location: Boynton Commerce Center PID Existing Land Use/Zoning: Industrial (I) / Planned Industrial Development (PID) Proposed Land Use/Zoning: N/A Proposed Use: The application includes a general list of new uses proposed in this PID (see Exhibit "B" - Proposed Revisions to the Approved Ust of Permitted Uses) Acreage: + / -3.8 acres (Lot 3B) Adjacent Uses: North: Developed Boynton Commerce Center Lot 3-A (Lowe's) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); South: Developed office / industrial Boynton Commerce Center Lot 3-C with a Industrial (I) land use designation, zoned Planned Industrial Development (PID); East: Right-of-way for the C.S.X. Railroad, then farther east is Hght-of-way for Interstate 95; and Boynton Commerce Center (USAP 03-005) Staff Report Memorandum No PZ-4-016 Page 2 West: Vacant industrial property, Boynton Commerce Center Lot 3-H, classified Industrial (I) and zoned, Planned Industrial Development (PID); still farther west is developed residential property with a Hoderate Density Residential (MoDR), zoned Single Family Residential (R-I-AA). BACKGROUND & ANALYS/~ Ms..loni Bdnkman, agent for the owner has submitted an application for use approval in the Boynton Commerce Center Planned Industrial Development (PID) (see attached location map - Exhibit"A'3. Each Planned Industrial Development (PID) has a list of permitted uses. In short, the use approval list includes a wide variety of uses and intensities, which range from very industrial to commercialized industrial-type uses. The commercial uses allow for showrooms and retail spaces for up to 100% of the gross floor area ora bay. The underlined text indicates the applicant's proposed language to the Boynton Commerce Center PID permitted use list. For clarity in the staff report, staff's analysis and recommendations are/tal/dzedbelow the corresponding revision. Exhibit "B" shows IRs. Bdnkman's proposed modifications to the Permitted Use Est of the Boynton Commerce Center Planned Industrial Development (PID). Please note that the only proposed changes are to add "building cleaning / janitorial services" as an approved use (see page #4 below), and to add a corresponding parking ratio for this proposed use (see page #5). The proposed changes are as follows (underlined): I. Permitted Uses, Not Requiring Environmental Review Approval. No change propose. A. Personal Services No change proposed. B. Manufacturing, including compounding, assembly, repair, or treatment of artides or merchandise from previously prepared materials from the following: 1. Cellophane. 2. Canvas. 3. Rber (i.e. wood, except that furniture manufacturing requires environmental review). 4. Rberglass. 5. Glass. 6. Leather. 7. Textiles. 8. Yarn. Uses listed under Section 8.A. 1.a(6), (7), (9), (10), (12-15), (18), and (21); Section 8.A.l.b.(1) & (3) of the Boynton Beach Zoning Code. No change proposed. C. Warehouse, Distribution, Wholesale Boynton Commerce Center (USAP 03-005) Staff Report Memorandum No PZ-4-016 Page 3 No change proposed. 1. Any manufacturing category listed above, or any use listed in Chapter 2, Section 8.A.l.c(2), (3), (4), (6), (7), (9), (14), and (16) of the M-1 INDUSTRIAL DISTRICT, Zoning Regulations (see Exhibit But not limited to the following: Window treatment manufacturing and showroom Glass and mirror manufacturing and distribuUon Alarm system manufacturing and installers llle and Carpet wholesale Furniture wholesale and distribuUon Artificial flowers/plants wholesale and distribuUon Paper Plastic Metals (i.e. machine shop) Rubber Electrical appliances, instruments, devices, and components Boat parts and equipment Airplane parts and equipment Medical equipment, instruments, devices, and components Furniture Precision instruments Engraving, printing, and publishing. No change proposed. 2. Retail sales are allowed for good listed under the sections specified under I.C. 1., provided that less than 50% of the goods sold on the premises are sold at retail with the excepUon of the area designated on Lot 3B as industrial, which shall be allowed no retail sales. No change proposed. 3. Retail sales of up to 100% of sales, are allowed for goods listed under the section specified in (Sect/on £C. 1.) above on Lot 3B only, for up to 49% the gross floor square footage of the building, with the excepUon of 8.A.l.c.(14). The specific uses within the code sections 8.A.l.c. (2), (3) and 'furniture' shall be limited to a maximum floor area of 10,000 square feet. This square footage shall be located in the western area of the building and depicted on the approved site plan. This retail sales "use" is considered ancillary to the overall industrial uses approved for this lot. No change proposed. D. Operations Center - Requiring a mix of moderate warehouse and increased office use. 1. Bank Operations Center 2. Insurance Company Records Storage Boynton Commerce Center (USAP 03-005) Staff Report Memorandum No PZ-4-016 Page 4 3. Government OperaU0ns Fadlity 4. Radio / TV studio 5. Nursing Registries 6. Non-profit Trade OrganizaUon Research and Record Storage FaciliUes 7. Offices for contractors (work shops and outside storage). However, truck parking for contractors is specifically prohibited. No change propose~. E. Offices No change proposed. Uses requiring Environmental Review - See Planning Department for ApplicaUon No change proposed. A. Nanufactudng, Including compounding, assembling, repair, or treatment of articles or merchandise from the following previously prepared materials: No change proposed. B. Warehouse, Distribution, Wholesale. No change proposed. Z. Seafood (excluding Processing) No change proposed. 2. Pdndpal uses for any of the manufacturing categories listed under II.A. above. No change proposed. 3. Retail sales are allowed for goods listed under the sections specified under I~.A. 5., provided that less than 50% of the goods sold on the premises are sold at retail, with the excepUon of the area designated on Lot 3B as industrial, which shall be allowed, no retail No change proposed. C. Other uses as follows: 1. Buildinq cleaninq and janitorial services. The proposed use would be compaq'hie w/th the uses that are already permftted ~¢thin the PlO. With the incremental loss of/ndustn'a/ly-zoned/ands throughout the City, staff we/comes the app/icant's request for the above-referenced use. The proposed use is a Boynton Commerce Center (USAP 03-005) Staff Report Memorandum No PZ-4-016 Page 5 permitted use in the Industrial (fir-J) zoning distn'c~ However, in the hf-S zoning district, an environmental review permit is required when the subject pmperty is located ~4thin 300 feet of residenb'ally-zoned property. For simplicity, the applicant is requesting the proposed use require an en~Cronmental review permit regard/ess of its Iocabbn ~¢thin the P[D. Staff has no objec/Tbn to this stipulabbn that an environmental review permit be required prior to the issuance of an occupat~bnal license. It is staff's opinion that these provisions would better saEsfy current demands for industrial property by encouraging development which would reflect changes in the technology of land development and re/ate the development of land to the specific site. I1~][. All uses not specifically listed above are prohibited. Furthermore, the following uses are expressly prohibited: 1. FerUlizer manufacturing, sale, or distribution 2. Millwork 3. IVletal casting 4. Welding shop 5. Contractors' shops, storage, or truck parking 6. Retail sales, where the value of goods sold at retail exceeds 50% of the total value of goods sold from the premises with the exception of the area designated on Lot 3B as industrial, which shall be allowed no retail sales. 7. Any warehouse or wholesale use which is listed in Section 8.A.2.b, 8.A.3.c., or Section 8.A.5.b. of the "M-1 INDUSTRIAL DISTINCT". No change proposed. Parking Requirements: Warehouse, distribuUon, wholesale: One (:t) parking space per eight.hundred (800) square feet of gross floor area (subject to the condiUons outlined in notes 1-3 below). Manufactudnq/Buildinq deaninq and ianitodal services: One (1) parking space per two (2) employees, but not less than one (1) parking space per five-hundred (500) square feet of gross floor area (subject to the condiUons outlined in notes 1-3 below). According to Chapter 2, Secb'on ~_l.H. JG.f.(J) of the Land Development Regulations, manufacturing and industrial uses shall require one (1) parking space per $00 square feet of gmss floor area. Staff has no objecb'on to the above referenced parking methodology of one (1) space per $00 square feet of gross floor area. This self-imposed rem¢do'on is cons/stent with the par~'ng required in Chapter 2, Sect/on ~ ~. H. 16. f. of the Land Development RogulaO'ons. A previous staff recommendatz'on approved by the City Commission in a previous request for use approval (L/SAP 03-002) for the 8oynton Commerce Center P[D I/m/ts the showroom space to no more than 30% of the gross floor area ora bay. 1. Showrooms associated with the principal use are permitted as an ancillary use up to a maximum of 30% of the total gross floor area devoted to such use. No change proposed. Boynton Commerce Center (USAP 03-005) Staff Report Memorandum No PZ-4-016 Page 6 2. Offices associated with the principal use are permitted as an ancillary use with a maximum of 30% of the total gross area devoted to such use. No change proposed. 3. Office floor area which exceeds 30% of the total gross floor area shall be considered a principal use and shall provide parking at the rate of one (1) parking space per 300 square feet of the entire gross floor area devoted to such use. No change proposed. Lot 3B: The parking calculaUon methods to be uUIized for Lot 3B are as follows: 1. Retail: The potential retail square footage (up to 49% of the gross floor square footage) shall require one (1) parking space per 200 square feet. No change proposed. 2. Blended Rate: Warehouse, distribution, wholesale, showroom, and manufacturing uses shall have the option to utilize a blended rate of one (1) parking space per 500 square feet of gross floor area. No change proposed. 3. IVlezzanine square footage shall be limited to warehouse uses and may utilize a'parking calculation method of one (1) parking space per 800 square feet of gross floor area. No changes proposed. PERFORHANCE STANDARDS Finally, the applicant is required to address the Performance Standards listed in Chapter 2, Section 4. N of the Land Development Regulations as they relate to the proposed list of permitted uses. The purpose of the Performance Standards is to ensure that uses will not be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or right-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust, or other particulate matter; toxic or noxious matter; odor, glare, heat or humidity; radiation, electromagnetic interference, fire or explosive hazard, liquid waste discharge, or solid waste accumulation. The applicant has been asked to provide a description of their request relative to the performance standards within Chapter 2, Section 4.N of the Land Development Regulations to evaluate the impact and appropriateness of this use within the PID district. These responses are listed as follows: A. Noise: No use shall be carded out on the property so as to create sound which is in violation of Section 15-8 of the City Ordinances. The uses shall as proposed shall not produce sound in violation of Section 15-8. B. Vibrations: No use shall be carded out on the property so as to create inherently and recurrently Boynton Commerce Center (USAP 03-005) Staff Report Memorandum No PZ-4-016 Page 7 generated ground vibrations, which are perceptible without instruments at any point at or beyond the property line. The uses as proposed should not create ground vibrations that would be perceptible beyond the property lines of the subject lot. C. Smoker dust, dirt, or other particulate matter: No use shall be carried out on the property so as to allow the emission of smoke, dust, dirt, or other particulate matter, which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way beyond the property line. Furthermore, no use will be carried out on the property so as to allow the emission of any substances in violation of any federal, state, county, or city law or permit governing the emission of such substances. The proposed uses do not produce smoke, dust, dirt, or other particulate matter and shall comply with all federal, state, county or city laws or permits pertaining to same. 'D. Odors and fumes-- No use shall be carried out in any industrial district so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of industrial districts. For all non districts, the standards contained in this paragraph shall apply where district abuts a residential district. The proposed uses do not produce any objectionable or offensive odors or fumes that would be readily perceptible at any point at or beyond the boundary of the PID. E. Toxic or noxious matter: No use shall be carded out in any zoning district so as to allow the discharge of any toxic or noxious matter in such concentrations as to cause damage to the property or vegetation, discomfort, or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is located; or to contaminate any public waters or any groundwater. The proposed uses do not produce any toxic or noxious matter in any concentrations that would cause or vegetation, discomfort, or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is located; or contaminate any public waters or any groundwater. F. Fire and Explosion: No use shall be carded out in any zoning districts so as to create a fire or explosion hazard to adjacent or nearby property or rights-of-way or any persons or property thereon. Furthermore, the storage, use, or production of flammable or explosive materials shall be in conformance with the provision in Chapter 9 of the City of Boynton Beach Code or Ordinances. The proposed uses do not create a fire or explosive hazard. There will be no storage of flammable or explosive materials unless in conformance with Chapter 9 of the Land Development Recjulations. G. Heat, Humidity or Glare: No use shall be carded out in any zoning district so as produce heat, humidity or glare readily perceptible at any point at or beyond the property line of the property on which the use is located. Artificial lighting, which is used to illuminate any property or use, shall be directed away from any residential use, which is a conforming use according to these regulations, so as not to create a nuisance to such residential uses. The proposed uses do not produce heat, humidity or glare. Site lighting will conform to code requirements and shall not be directed toward any residential uses. H. Uquid Waste: No use shall be carried out in any zoning district so as to dispose of liquid waste of any type, quantity, or manner, which is not in conformance with the provisions of Chapter 26 or the City of Boynton Beach Code of Ordinances, or any applicable federal, state, or county laws or Boynton Commerce Center (USAP 03-005) Staff Report Memorandum No PZ-4-016 Page 8 permits. Any applicable provisions of Chapter 26 of the City Of Boynton Beach Code of Ordinances, or any applicable federal, state, or county laws or permits shall be complied with. I. Solid Waste: No use shall be carried out in any zoning districts so as to allow the accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the City Ordinances, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of- way. The proposed uses shall be in compliance with Chapter 10 of the City Of Boynton Beach Code of Ordinances and shall utilize the solid waste receptacles as depicted on the approved site plan. .1. ElectromagneUc Znterference: No use shall be carried out in any zoning districts so as to create electromagnetic radiation, which causes abnormal degradation of performance of any electromagnetic receptor of quality and proper design as defined, by the principles and standards adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries Association. Furthermore, no use shall~ be carded out on the property so as to cause electromagneUc radiation, which does not comply with the Federal Communications Commission Regulations, or which causes objectionable electromagnetic interference with normal radio or television reception in any zoning district. The proposed uses shall not create electromagneUc radiation. K. Hazardous Materials and Hazardous Waste: If any business locates within the PID which uses, handles, stores, or displays hazardous materials or generates hazardous waste, shall comply with items a. through d. as outlined in the City's performance standards. In addition, Seddon 11.3, of the use list outlines specific uses which are prohibited in the PID and no additions or deletions to this portion of the approved list has been proposed as part of this request. RECOMMENDATZON The above-referenced testimony by the applicant certifies that the proposed uses would not violate any of the performanCe standards listed in Chapter 2, Section 4.N of the Land Development RegulaUons. :.Staff recommends that the above requests for use approval be approved. Additional comments recommended by the Planning & Development Board or City Commission would also be included in Exhibit KC"- Conditions of Approval. S:\Plannlng~Shared~Wp~ject~ Comme~ce Ct~USAP 03-O02~.~aff Report .doc 1 in. = 325.0 feet C3 ! ! ! ! LOCATION MAP BOYNTON BEACH COMMERCE CENTER EXHIBIT "B" Proposed Revisions to the Approved List of Permitted Uses and Parking Requirements for Boynton Commerce Center PID 1. Permitted Uses, Not Requiring Environmental Review Approval. 1. Personal Services 1. Carpet and Upholstery Cleaning 2. Manufacturing, including compounding, assembly, repair, or treatment of articles or merchandise from the following previously prepared materials: 1. Cellophane 2. Canvas 3. Fiber (i.e., wood, except that furniture manufacturing requires environmental review) 4. Fiberglass 5. Glass 6. Leather 7. Textiles 8. Yam 9. Uses listed under Section 8.A.l.a.(6), (7), (9), (10), (12-15), (18) and (21); Section 8.A.l.b.(1) & (3) of the Boynton Beach Zoning Code. 3. Warehouse, Distribution, Wholesale 1. Any manufacturing category listed above, or any use listed in Sections 8.A.l.c.(2), (3), (4), (6), (7), (9), (14), and (16) of the "M-1 INDUSTRIAL DISTRICT" Zoning Regulations, and including, but not limited to the following: Window treatment manufacturing and showroom Glass and mirror manufacturing and distribution Alarm system manufacturers and installers Tile and Carpet wholesale Furniture wholesale and distribution Artificial flowem/plants wholesale and distribution Paper Plastics Metal (i.e. machine shop) Rubber Electrical appliances, instruments, devices, and components Boat parts and equipment Airplane parts and equipment EXHIBIT "B" Medical equipment, instruments, devices and components Fumiture Precision instruments Engraving, printing and publishing 2. Retail sales are allowed for goods listed under the sections specified in I.C.1. above, provided that less than 50% of the goods sold on the premises are sold at retail with the exception of the area designated on Lot 3B as industrial, which shall be allowed no retail sales. 3. Retail sales, of up to 100% of sales, are allowed for goods listed under the sections specified in I.C.1. above on Lot 3B only, for up to 49% the gross ground floor square footage of the building, with the exception of 8.A. 1 .c.(14). The specific uses within the code sections 8.A.l.c.(2), (3) and 'furniture' shall be limited to a maximum floor area of 10,000 square feet. This square footage shall be located in the westem area of the building and depicted on the approved site plan. The retail sales 'use' is considered ancillary to the overall industrial uses approved for the PID. 4. Operations Center - Requiting a mix of moderate warehouse and increased office use. 1. Bank Operations Center 2. Insurance Company Records Storage 3. Government Operations Facility 4. Radio/Television Studio 5. Nursing Registries 6. Non-Profit Trade Organization Research and Record Storage Facilities 7. Offices for contractors (work shops and outside storage). Truck parking for contractors is specifically prohibited, however. 5. Offices 1. PID Leasing Office 2. Satellite Operations Management Offices for any Light Industrial Use Allowed in Section 8 of the "M-1 Industrial District" Zoning Regulations 3. Professional Engineering Offices 1I Uses requiring Environmental Review - See Planning Department for Application 1. Manufacturing, including compounding, assembling, repair, or treatment of articles or merchandise from the following previously prepared materials: Boynton Commerce Center PID Use List Page 2 1. Cosmetics 2. Drags 3. Pharmaceutical 4. Paper 5. Plastics 6. Metal (i.e., machine shop) 7. Wire 8. Rubber 9. Electrical appliances, instruments, devices, and components 10. Auto parts and equipment 11. Boat parts and equipment 12. Airplane parts and equipment 13. Medical equipment, instruments, devices and components 14. Furniture 15. Precision instruments 16. Engraving, printing and publishing 2. Warehouse, Distribution, Wholesale 1. Seafood (excluding Processing) 2. Principal uses for any of the manufacturing categories listed under II.A. above. 3. Retail sales are allowed for goods listed under Section ]I.A.5. above (plastics) provided that less than 50% of the goods sold on the premises are sold at retail, excepting the eastern portion of the building on Lot 3B designated as industrial, which shall not be allowed retail sales. 3. Other uses as follows: 1. Building cleaning and janitorial services All uses not specifically listed above are prohibited. Furthermore, the following uses are expressly prohibited: 1. Fertilizer manufacturing, sale or distribution 2. Millwork 3. Metal casting 4. Welding shops 5. Contractor's shops, storage, or track parking 6. Retail sales, where the value of goods sold at retail exceeds 50% of the total value of goods sold from the premises with the exception of the area Boynton Commerce Center PID Use List Page 3 EXHIBIT "B" designated on Lot 3B as industrial, which shall be allowed no retail sales. 7. Any warehouse or wholesale use which is listed in Section 8.A.2..b., 8.A.3.c., or Section 8.A.5.b. of the "M-1 INDUSTRIAL DISTRICT" Zoning Regulations Parking Requirements: Warehouse, distribution, wholesale: One (1) parking space per eight hundred (800) square feet of gross floor area (subject to the conditions outlined in notes 1-3 below). Manufacturing/Building cleaning and _janitorial services: One (1) parking space per two (2) employees, but not less than one (1) parking space per five-hundred (500) square feet of gross floor area (subject to the conditions outlined in notes 1-3 below). 1. Showrooms associated with the principal use are permitted as an ancillary use up to a maximum of 30% of the total gross floor area devoted to such use. 2. Offices associated with the principal use are permitted as an ancillary use with a maximum of 30% of the total gross floor area devoted to such use. 3. Office floor area which exceeds 30% of the total gross floor area shall be considered a principal use and shall provide parking at the rote of one (1) parking space per three hundred (300) square feet of the entire gross floor area devoted to such use. Lot 3B: The parking calculation methods to be utilized for Lot 3B are as follows: 4. Retail: The potential retail square footage (up to 49% of the gross ground floor square footage), shall require one (1) parking space per two hundred (200) square feet. 5. Blended Rate: Warehouse, distribution, wholesale, showroom, and manufacturing uses shall have the option to utilize a blended rate of one (1) parking space per five-hundred (500) square feet of gross floor area. 6. Mezzanine square footage shall be limited to warehouse uses and may utilize a parking calculation method of one (1) parking space per eight hundred (800) square feet of gross floor area. Operations Center: One (1) parking space per three hundred (300) square feet of gross floor area devoted to office use and one (1) parking space per eight hundred (800) square feet of gross floor are devoted to warehouse use. Where both office and warehouse uses are intermixed, parking shall be calculated based on the requirement for office use. Personal Services and Offices: One (1) parking space per three hundred square feet of gross floor area. Boynton Commerce Center PID Use List Page 4 EXHIBIT "C" Conditions of Approval Project name: Boynton Commerce Center PID File number: USAP 03~005 Reference: See Exhibit "B" - Boynton Commerce Center Use List Revision Request 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 Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 2. To be determined. ELJ S:\Planning\SHARED\WP\PROJECTS\Boynton Commerce CthUSAP 03-005\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Commerce Center PID APPLICANT'S AGENT: Ms. Joni Brinkman, AICP with Winston Lee & Associates, Inc. AGENT'S ADDRESS: 1532 Old Okeechobee Road, Suite 106 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 3, 2004 TYPE OF RELIEF SOUGHT: Request use approval for building cleaning and janitorial services in the Boynton Commerce Center PID LOCATION OF PROPERTY: Boynton Commerce Center PID 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:~Dlanning\SHARED\WP~PROJECTS~Boynton Commerce C~USAP 03-005\DO.doc vI.-CONSENT AGEN DA ITEM F. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOR vl Requested City Commission Date Final Form Must be Tumed 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 [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (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: Motion to approve the release of Letter of Credit #151261785 (Fleet National Bank) for BJ's Wholesale Club, Inc. in th~~;: amount of $25,000.00 (Twenty Five Thousand Dollars and no Cents). A letter dated January 9, 2004 requesting said release is attached. EXPLANATION: The Developer has completed the required one year warranty period for which this amount was retained. There are no outstanding issues. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~' ~/~.~ R. Livotgood, P.E. ! ~,~rey City Manager's Signature Public Works/Engineering Department Name City Attorney 7 ~in~nc~ / Human Resources S:~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC BJ's Wholesale Club, Inc., P.O. Box 9601, Natick, MA 01760-9601 (508) 651-7400 January 9, 2004 Laurinda Logan, P.E., Senior Engineer City of Boynton Beach Department of Public Works Engineering Division City Hall, West Wing 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Re: Letter of Credit No. 151261785 Resolution No. R02-106 Dear Laurinda: As discussed with you, BJ's Wholesale Club, Inc. would like the City of Boynton Beach to release the remainder of the above-referenced Letter of Credit for our BJ's club in Boynton Beach. All of BJ's obligations under this Letter of Credit have been fulfilled since the successful opening of this club on November 18, 2001. Marilyn Nicholas of our Finance Department has been in contact with Chad Rutledge of FleetBoston Financial Company, holders of this Letter of Credit, and you will be receiving confirmation from Chad that this Letter of Credit will not be renewed. Should you have any questions or need more information, please contact Chad at (617) 434- 0360 or me at (508) 652-7901. Thank you in advance for your cooperation in this matter. Sincerely, BJ's WHOLESALE CLUB, INC. Deborah Redfield Manager of Real Estate Administration cc: Chad Rutledge (Fleet Retail Group) Marilyn Nicholas (BJ's - Mgr. of Cash Mgmt.) Jim DeSimone (BJ's - V.P. Property Development) ~ Recycled Paper VI.-CONSENT AGENDA TTEM G. CITY OF BOYNTON REACt AGENDA ITEM REQUEST FOl~vl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetine Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business ~ o"tn AGENDA ITEM [] City Manager's Report [] Presentation on :~--< [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business .g. ..~ RECOMMENDATION: Motion to approve full release of surety covering the water system for the project known as Alta Chase and returning the letter of credit, no. SM417953C from Wachovia Bank, to the developer (WP South Builders LLC). EXPLANATION: The water system serving this project has been completed, all documentation has been provided and the system has operated satisfactorily through the warranty period. The original letter of credit and all amendments may now be returned to the developer. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES:~.~ ~L012 ~' ~ None. ~ Department Heads S{~nature City Manager's Signature U'73 v, 7, &~ ,~~ Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Barbara Conboy " Mary Munro, Finance Dept. File S:~BULLETINWORMS~,AGENDA ITEM REQUEST FORM.DOC ............... Ci -'E~N, ..... IRREVOC/~EE':'ST~NDB~Y'~ [ETTER- OF-CREDI'T ..... ~- ................................................. NUM~.~'' ~.~ ?~S~c - _ I I jD166~ 88.1. O0 I BENEFICIARY:' _ ~PLIC~NT; : ~ TY o~ ~o,~.~.~ 9OYNTON B~ACH, FLQRi~ 334:~6.': '" ~: :' ?': L~'.. ::4 ~ HERE~Y OEEN ~R ~DR ~E ACCQUNT OF IE HEREBY 'ER~ ~D. I ,ATE RA~ H~REU~' F~. :'XNY NLES8 OTHERW,!~E: E 0 THE ~IF~'~;..Cq~S NCOi 3RPORATiON ~ERVI ~T ~LL VI.-CONSENT AGENDA · CITY OF BOYNTON BEACI 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 [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December I, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Repor~ [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Un£mished Business RECOMMENDATION: A motion to approve the "SURPLUS COMPUTER EQUIPMENT" (Desktops & Laptops) as submitted by the Warehouse and allow for the disposal of same. EXPLANATION: Procurement Services has reviewed the "SURPLUS COMPUTER EQUIPMENT LIST" as submitted by Dominic De Mauro, Warehouse Manager (see attached memo) and it has been determined that the computers and laptops are of no longer any use as they have been stripped for parts. PROGRAM IMPACT: The disposal of surplus computer equipment allows warehouse space for inventory. Deputy Director of Financial Services City Manager's Signature Procurement Services A~¢~.- ~,-. '~' Department Name City Attorney / Finance / Human Resoul~s S:~IULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC C: Dominic DeMauro - Warehouse Manager Hoyt Johnson - Finance File ~EC£1VED The Ci~ of JAN 16 200t~ Boynton Beach Finance Department WA~HOUSE DIVISION TO: Bill Atkins, Deputy Director of Financial Services FROM: Dominic DeMauro, Warehouse Manager DATE: January 15, 2004 SUBJECT: Surplus Computers Bill, enclosed is a two-page list of computers that the Warehouse has picked up for disposal from the police Department. These CPUs have been stripped and various components have been placed in other City computers. Please go to Commission for permission to dispose of these. Palm Beach County thrift store no longer accepts computers unless they are in working condition. If you should have any questions, please feel free to contact me at 742-6324. CC: Diane Reese - Finance Director From: Prestinari, .Jim Sent: Thursday, .~anuary 08, 2004 3:18 To: Vicki, Rodney Cc: DeMauro, Dominic; Munro, Michael Subject: Fixed Asset Transfers Rodney, This is the list of computers that need to be turned over to the warehouse. I have the original, signed fixed asset transfer sheets here at the Police Department. None of the computers are working units. There is no rush. They are ready when you are. Thanks, Jim qryEquipmentDisposedOfForReportByDate Make/Manufacturer Model Model Equipment Asset Serial Number Date Disposed Name Number Type Number Disposed To? Compaq DeskPro DP4000 Computer 6728BNL2S356 1/8/2004 Warehouse 5166 Desktop 'c0m'~aq DeskP"ro DP 4000 Computer 6719BBD2S948 1/8/2004 Warehouse 5166 Desktop Compaq DeskPro DP4000 Computer $728BNL2S415 1/8/2004 Warehouse 5166 Desktop ~ompaq DeskPro DP 400,0 Computer B732BNL7Q205 1/8/2004=Warehouse 5166MMX Desktop Compaq DeskPro DP 4000 Computer 000131 6~'20BBD2S689 1/8/2004 Warehouse 5166 Desktop Compaq DeskPro DP4000 Computer ,000135 6721BBD2R041 1/8/2004 Warehouse 5166 Desktop, Compaq Armada 7710MT Computer 000401 6722BB320838 1/8/2004 Warehouse Laptop Compaq Armada 7710MT Computer 000427 6718BB323427 1/8/2004 ,Warehouse Laptop ~mpaq DeskPro DP 4000 Computer 000858 6732BNL7Q045 1/8/2004 Warehouse 5166MMX Desktop Compaq DeskPro DP 4000 Computer 001038 B728BNL2R680 1/8/2004'Warehouse 5166MMX Desktop IBM Think 390 Computer 001043 AF10R2G 1/8/2004 WarehOuse Pad Laptop Compaq Armada E500 Computer {304411 3JOCFFD8721A 1/8/2004 Warehouse Laptop Compaq Armada E500 Computer 004415 3JOCFFD8721J 1/8/2004 WarehouSe Laptop Compaq Armada E500 Computer 004418 3JOCFFD8721G 1/8/2004 Warehouse Laptop Compaq Armada !E500 Computer 004427 3J09FFD8B33S 1/8/2004 Warehouse Laptop Compaq Armada E500 Computer 004430 3JOAFFD8R410 1/8/2004 Warehouse 1/9/2004 !Laptop Compaq Armada E500 Computer 004453 3JOCFFD87218 1/8/2004 Warehouse Laptop Compaq Armada 7710MT Computer 004613 6714BB320416 1/8/2004 Warehouse Laptop Compaq Armada 7710MT Computer 004633 6718BB324154 1/8/2004 Warehouse Laptop comPaq Armada 17710MT Computer 004641 6713BB320159 1/'8/2004Warehouse Laptop Compaq DeskPro DP 4000 Computer 006673 6728BNL2S401 1/8/2004 Warehouse 5166 Desktop Compaq DeskPro DP 4000 Computer NONE 6733BNL7P018 1/8/2004 Warehouse 5166MMX Desktop Compaq DeskPro DP 4000 Computer NONE 6732BNL7S686 1/8/2004 Warehouse 5166MMX Desktop Compaq DeskPro DP 4000 Computer NONE $732BNL7S685 1/8/2004 Warehouse 5166MMX Desktop 1/9/2004 V L- UBITC HEARinG ZTEF4 A. 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 [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: -. Please place this request on the February 3, 2004 City Commission Agenda mider Public Hearing, and under Legal, Ordinance - First Reading. The City Conmfission approved this request under "Consent" on January 6, 2004. To meet state notification requirements, a "change in zoning use" must be the subject of two advertised public hearings, which is fulfilled by placement on the "Public Heating" and "Second Reading" portions of the agenda. By stacking this item with the First Reading item, the total processing time will be reduced by two (2) weeks. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-301. EXPLANATION: Dance Studio in M-1 PROJECT: High Ridge Commerce Center II (CDRV 03-005) AGENT: Penni Greenly, Southern Dance Studio LOCATION: City-wide DESCRIPTION: Request to amend Chapter 2, Zoning, Section 8.A. 1 .d.(9) to include dance instruction as a permitted use in the M-1 zoning district. PROGRAM IMPACT: Develol~nt'DetJartment Di[ector City Manager's Signature _. ....... 'Pla~fiing ~[nd Zo~D'ff~ctor -- ~it~ Atto-~ney / Finance / Human Resources S:\PlanningXSHARED\WP\PROJECTS~outhem Dance Theatre\CDRV 03-005XAgenda Item Request High Ridge Corem Ctr IlPublic,Legal,1 st reading CDRV 03-005 2-3-04.dot S:\BULLETINWORMS\AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O4- AN ORDINANCE OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2 "ZONING", SECTION 8. M-1 INDUSTRIAL DISTRICT REGULATIONS AND USE PROVISIONS. TO INCLUDE DANCE INSTRUCTION AS A PERMITTED USE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODI~CATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission, upon recommendation of the Planning and Board and the Community Redevelopment Agency, do deem it appropriate and in the best interests of the citizens and residents of the City of Boynton Beach, to amend the of Ordinances to add a new permitted use to the M-1 zoning district to include dance instruction as a permitted use. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clause is true and correct and is now ratified and by the City Commission. Section 2. That Chapter 2. "Zoning", Section 8., of the Land Development of the City of Boynton Beach Code of Ordinances is hereby amended by adding words and figures in underlined type, as follows: Sec. 8. M-1 Industrial district regulations and use provisions. A. M-1 Industrial District 1. Permitted uses, no distance requirement. Within any M-1 Industrial district .... d. Transportation, 'communication, utilities, .and miscellaneous uses as follows: (9). Gymnastic centers:-/-Dance instruction. Section 3. Each and every other provision of the Land Development Regulations ot herein specifically amended, shall remai'n in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in :onflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion ;:\CA\OrdinancesXLDR ChangesL4sndending LDR - Chapter 2.- Dance Studio.doc be declared by a court of competent jurisdiction to be invalid, such decision shall not the remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective, immediately. FIRST READING this __ day of February, 2004. SECOND, FINAL READING AND PASSAGE this __ day of 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk :\CA\Ordinances~LDR ChangeskAmdending LDR - Chapter 2.- Dance Studio.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 03-301 TO: Chairman and Members Planning and Development Board THROUGH: Michael W. Rumpf ~ ~ Director of Planning and Zoning FROM: Maxime Ducoste-A. DATE: December 10, 2003 SUBJECT: CODE REVIEW CDRV 03-005 Dance Inntruction added to the list of permitted uses in the M-1 zoning district. NATURE OF REQUEST Mrs. Penni ~y, owner and r~presentativo for Southern Dance Studio, is reque~ing that dance ~._,~Cruction be added to tho list of p~rmitted uses in tho M-l, Industrial zoning district. SpO~ific~y, tho applicant is requ .e~Jng that tho codo bo amended to add a new permitted uso to tho M-1 zoning district (Chapter 2, Zoning, Section 8. A. 1. d. (9) to read as follows: "(9). Gymnastic centers, Dance Instruction." It should bo noted that tho offects of the subject request, ff approved, would bo citywido (o.g. all M-1 districts). BACKGRO~ Tho City's Land Development Regulatious Chapter 2, Section 8. A. I., limits tho M-1 zoning ~ct to indtu~ use~ however the current list ha~ included gymna~ic centers since November, 2001 to · "~.~,ommoda~ tho samoa-The C-2, Neighborhood Commercial zoning distric~ Chapter 2 Section 6. B~ 1 (hh) permits: · "hh..4rt or recreational instruction." Also, Section 6. C. 1. (m) and consequently Section 6. D. 1, which correspond to the C-2 and C-3 zoning districts, respectively, permit: "Recreattonal fact'Ii'ti'es, including bowling lanes, billiard hall~, health dubs, Kwnnasiurns, tennis clubs, golf courses, miniature golf courses, shooting ranges (indoor only), skating rinks, and amusement halls. Recreation facilities other than. those which are listed above shall be conditional uses (*): Racetracks, go-cart tracks, and water slides studl be prohibited. " in the C-3 zoning district. With respect to standard classification of the subject use, tho North American Industrial Classification Page 2 CDRV 03-005 System (NAICS), identifies "dance schools, dance studios, and dance in~'truction" under tho Fine Arts Schools category. Furthermore, the Standard Industrial Classification~Manual identifies "dance studios and schools" under the Dance Studio, Schools, and Halls category (see Exhibit "A"). ANALYSIS The applicant has stated in the documents supporting this request (see Exhibit "B") that: "dance schools fequire high ceilings (min. l lf fl.).for li~ work and hanging of fan,v, and relatively large open rooms': Through several conversations with tho applicant, it ~4~pear~ that with these requirements it is not feasible to operate, such a facility in most commercial areas. Tho ceiling height in most commorcial centers is in the 12-14 fl range. Operating a dance studio in commercial areas would be expensive and possibly cost prolu'oitive, if a customized facility had to be built. Furthermore, in support of this request, the applicant submitted a sample of similar establishments conducting business from neighboring municipalities (see Exlu'oit "BI'). This information indicates that of the five (5) dance studio establishments operating in the area, they all opcrato in industrial zones. Staff undemtands that economic and market trendS evolve at a faster pace than zoning regulations and may also lead to inconsistency in regard to the relationship between public welfare and the allowance of such uso. FUrthermore, s/afl researched several establishments similar to that of the applicant throughout Palm Beach County to obtain the age group of their clientele. Tho findings indicated a similarity in age groups (4 years old to adulo among the sample2 Although this is not a surprising fact, the student ages are included to emp~ that children would be eXpOsed to the industrial areas that are typically kept separate from the general public. It should be noted that this uso functions' somewhat Similar tO gymnastic centers, which was added to the. M-1 zonin~ district following a codo amendment in November 2001. Safety and purpos~ For comparative purposes, staff surveyed local governments to obtain their respective regulations on dance studio/dance instruction (see Exhibit "C'-'). Of tho eight (8) jurisdictions considered, five (5) of them including Palm Beach County, the City of Boca Raton, tho City of Lake Worth and the City of West Palm Beach, define "dance studio" as a fitness center and permit dance studios in most of their indushial districts. The City of Delray Beach permits them in their General ~ercial and Central Business districts. Finally, the V'fllage of Royal Palm Beach regulates them as fitness centers, and the .Village of .Wellington regulates them under tho broader category of F, ducation~] or ln_~itutional l~mu~, ,'~lmougn an zomng regulations vary among other cities and Palm Beach County, tho industrial districts described by other codes does not' appear comparable to Boynton Beach's single industrial district (M-l). For example, the zoning regulations of neighboring municipalities have different' levels of industrial classifications, which may separate heavy from light induslrial uses thereby creating a "light" industrial district more comparable to the city's Planned Industrial Development District (PID). Parkin~ intensiflc~Uo. With n~)ect to comp~n~tivo P~inE requirements, Chapter 2, Section 11. p~ing sp~, Section16.(o)(8) mq~ for ~~~ &,~ ~-~h ¢~.' Pnge ~ CDRV 03-005 three hundred 000) square feet of gross floor area. Parking zpace requirements may be computed separately for floor area occupied by athletic courts, ~mming pool~, or Other principal use~ for which parking ~ace requirements are Ii#ted in thi~ ordinance. S~ion 11.16(0 rsquir~ one (1) parking space per five hundred (500) square feet of gross floor area for industrial, resoarch and development, trades uses, and one (1) parking space per eight hundred (800) square feet of gross floor area for wholesale, and warehouse uses. The general intent and purpose of the M-1 zoning district is to provide adequate space for more intense e, omrnercial and industrial uses. Staff has acknowledged that over time buildings that were designed and approved for less intensive uses to minlmi~o parlting obligations, are often subsequently converted to more intense uses that generate an increase in off-street parldng demands. The minimum lot size for any property in an M-l, Industrial district to be developed is 10,000 square feet. In contrast, the minimum lot sizes within the C-2 and C-3 zoning districts are 5,000 square feet and 15,000 square feet, respectively, and these zoning districts generate more activity and traffic, and consequently, require moro parking spaces to meet the intent and purpose of the zoning districts. If the proposed use (dance studio) were to be permitted in the M-1 district, with a minimum_ 10t area of 10,000 square feet and maximum lot coverage of 60%, and based on one (1) parking space per three hundred (300) square feet of gross floor area, the paridng requirement would be 20 spaces. However, using this same scenario for industrial and warehouse uses, the parking requir' ement would be 12 spaces and 7,$ spaces, respectively, based on one (1) space per five hundred square feet and one (1) apace l~r eight hundred (800) square feet of gross floor are~ Therefore, allowing the proposed use in the M-I zoning district would inten_~a°y and be in contrast to the characteristics and performance of the M-I zoning district. ALso, the use of an undersized building for recreational purposes, with a higher parking-requirement, could increase the need for code variances if existing sites cannot be retrofitted for the greater stan~. · .Generating need for varlan_ees request- Lastly, the city, aside from the PID (Planned Industrial District), has only one industrial zoning district, containing a variety of uses. Although the city prohibits heavy industrial uses such as the _ ..t ~,_.. mm my sm_g~O,.M-i zoning district, which includes uses involving processes or chemicals w~m msumt separauon ~ents (f~om nmderm~~); ~ ~o-n~ ~ther jurisdictions that have two (2) or more different industrial zones, which vary in intensity, could ~c, ommodato e. ertaln rises within the lowest intensity districts without jeopardizing compatibility and safety. In Boynton Beach, the subject use could bring children/youth in close proximity to moderately intense industrial uses and their respective characteristics (e.g. tmck traffic, chemicals, other hazards, etc.). Comnetition with industrial lan_ti If a need for the subject use is substantiated, and if the typical indnstrialbuildings do~ offer the ideal environment/structure for the training needs or characteristics, then one option could be to allow them conditionally, and with additional restrictions such as distance separations from selected uses or proin'biting them from multiple use buildings. However, depending on the restrictions placed on such uses, the affect may be to reduce the location opportunities of ~ industrial uses and represent an Page 4 CDRV 03-005 "opportunity cost". For example, if there is a distance separation requirement between a dance instruction establishment and a use that processes plastic products, the existence of such an establishment within an industrial area could then limit future location options for the plastics use. Industrial zoned lands have been rezoned to alternative districts over the past several years, which trend could continue through redevelopment in the downtown area. What land remains will be even more important to support growth of industrial and related service uses. .RECOMMENDATION Based on this analysis, staff recommends that thi8 request to amend the city's code to include dance instruction establishments in the M-I zoning district be denied. It is the opinion of staff that this code revision, if approved as requested by the applicant, would have a certain level of imp. act on the citywide distn~on of uses and the public welfare within the industrial zoning digtricts. Staff filr~er believes that the subject use would modify the industrial fabric and its performance characteristics. Furthermore, when tho city's zoning regulations are comprehensively reviewed and rewritten as planned, the establishment of more than one industrial zone could be considered to provide for an office/industrial light district that would allow for less intense industrial (i.e. "cleaner") uses. This type of industrial zone could be written to be more compatible with the subject dance instruction establishment. However, it is unknown how long it would take to implement such regulations to actually create such a district wherein these types of recreational uses could be compatible. Further, if the Board and City Commissioll choose to grant this request, to minimi~o tho impact8 on tho public safeW and welfare, staff recommends, that this uso bo subject to conditional use approval to allow for a case-by-case review for compatibility with other uses and site capacity. Staff would also recommend that this conditional use requirement also apply to "gymn~_~tic cente~'.' for the same reason as stated hereim EXhibits MR/reda S:~iatmia~rlARI~W~RO~ Da~ ~XC~RV · EXHIBIT "A"" 624 NORTH ~ INDUSd1~y (X~b~FICATION ~ . · - - "~' °t~'~tu,,mmorColleg~orlnd~tty611310, Collen~s. Univetsttt.- · chsstfied tn:U.,.q. Indus~ 6t1~11, Cosn~ 6116 Otha,..~ and.~ ' ' ~indn~.. descdptio~ fo~ 611610 below. ~ ~s,~,~:. ... . Att (e~pt ~ and sraphle) IX'ma schools (exert a~ka~) ~).. ~ tn the am) ar~ ¢lassined elsewlm~ tn' ~: sul~ aeo~ntln~ to the t,~pe oi, sehoo.l; and -. . · eomnmxgal photograp~ are. clas~ed in U.S. Industry 611519, Oth~ Teelmteal and Trad~ Schools. .. .EXHIBIT MAJor Group ?O~-AMUSRMRNT AND ~TION SRRVICBS 791 DANC~ STUDIOS, SCHOOLS, AND t~r 6SIS. '~m ~r ummmms m dnmffled in Reel Rstate, Indus. · . ! / .iEX~T "B" and accompanTM docmnen~tion are concm're~.~ for " EXHIBIT Boynl0n Beach, FL Code of Ordinances Zon~ Code ~ Requ~ Chap~r 2 Zon~ N. Performance Standards slandards are addressed below, o,-,,uams ouumed them/n. These a tn violation of Section 1~.8 -,~,~ ~----"~ ,~,mc~ so as to create and shaU not product sound ~n v~otaUon of SecUon ~.~.~'='Y wm~ the create Z._._ va~_?ons. ~ro.use shah I,e ~ out ~n any' me'property on which the use b locale~L"- - -- -~x~--, me propert7 lh~ of Pa~~ Smoke, dust, dirt, or oilier pari/culafe matter. onof tso o ..... -o. ~mn or SUCII sul)elanees. ; parlkuhte.muer mm snail comvlv w/th -" ~- ' - - ~ other peru/ts ~ to same ~'~ 7 .. ~u ~aer~ stale, county, or dtylaws or · o ~' Odo~ ~nd fume~. No ~ ~ ~ ~ oat Liquid ~ No use shall be carried °uttn any zoning district, so as to of Uqu/d wasle of any type, quantity or mariner wht~ is not in Artletlo DlreoloR Penni Greenly ~outhern Danee 't~e~re C, enununi~ Preflle Th~ school is in its 3" year of worm, Hasaleadermtizeentmntnm~+ ~,.~.....~ _.. ~nnmeinthe · -,....--~r~ ;STUDYOF "Y"~CAND .A(",Sc. OOL~ EXHI~i' 't ~ULAr~O~ sr,~v~ ~~of~~~o ~-~2-10 ~4~ I~-~~~~ l~-~~ofl~ ~~-1-2~ -~~~2~) .. lO~~_~of~ 1~-2~~ ~ O~ OPtiON ~ 2~ - ~ p~ ~ _ F~ * ' 9~ - 5~ p~ ~) . 4~ - ~ p~ ~ _ Ffi) ~~RrA~ON ~C ~W 1-2~ ~-1o~~ 2-4~~~~ P~by~ Boca Ra~on M2 General Industrial PermRled usem: Any use perm__,~_tted to MI Dance Academy of Boca Raton .1050 NW 1st Avenue ~,_-~~~~.~_~_~,... .visits are ttmtb_~l. ~ are eRher closed or cus~x~er .................................... EXHIBIT "a' ~ ~ me mallonty of a secllon of ~ r,~,,~.,., r,~...-..-_, ......... lifts complex. No issues tnvo safety of ~-----,-,~. v~~ muir Ill llle Clay. ~ ~ ~____~'__"~'~..._~_ ~°ur~r. ~gement no use approval or code ameivim~nt ~-- '------'~' -r'~-~ ~r m me clay. Peg~ Brown Dance Academy ~ _Pe~____..i?°~tt~ame Academy has been ooema., at this ,°catl~ .,__ Dance Stadios ~ / Permttl~ Uses auowed pernflH~ use. (Attachment A) Boca him1 M-l, M-2 Dance Studio falls within the category of Athletic training facilities and is a · pedflcally'allowed ~ u~ (Atlachment B) LakeWor~ L17 Lowl~af/lcC, enera~~~ ~Dance ~o ~ wttlfln the catego/y of Pttness Cen~ and/s a specifically West Palm Beach lndush~ zones. (Attachment D) Survey on Dance Instruction/Dance studio Commercial Industrial Resort/Tourism Community District District Facilities - g P P . - p . - p _ P P*, special _ . exc~tion P _ p p C-2, C-3, C-4 - . and?CD - Dance Theatre~DRV 03-O0~qun~ Results.doc · VIII.-PUBLIC HEARING ITEM B. 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 [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February t6, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (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 February 3, 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 04-012. EXPLANATION: PROJECT: Quantum Park Townhomes East/West (ABAN 03-013) AGENT: Paul Romanowski, D. R. Horton, Inc. OWNER: Paul Romanowski, D. R. Horton, Inc. LOCATION: North of Gateway Boulevard; East of Congress Avenue DESCRIPTION: Request for abandonment of a portion of the Quantum Boulevard right-of-way, in connection with replatting and site plan approval for 271 townhomes and related site improvements. PROGRAM IMPACT: FISCAL IMPACT: ~t evelopm~t f)epartment D~rector~ ~ Manager's Signature ~,~i . ._ Planning and Zoning Dir~gf_or City Attorney / Finance / Human Resources ~:a'mnmng~SHARED\WP~PROJECTS\Quantum Townhomes East & West~BAN03-013~genda Item Request Quantum Pk Townhomes East. West ABAN 03-013 2-3-04.dot S:XBULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-012 TO: Chairman and Members Planning and Development Board THRU: Michael W. Rumpf~~,~/'('''''' Planning and Zoning Director FROM: Maxime Ducoste-Am6d~e ~,~ Planner DATE: January 15, 2003 SUBJECT: QUANTUM PARK TOWNHOMES East & West Abandonment of a portion of a road right-of-way. (ABAN 03-013) NATURE OF REQUEST The agent for Quantum Park Townhomes East and West, Paul Romanowski of D.R. Horton, Inc., is requesting to abandon a portion of a 100-foot wide road right-of-way located within the Quantum Park P.I.D.. This abandonment request of the right-of-way was submitted on November 7, 2003. It is described as follows: A portion of Tract ~B" of "QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT No. 2", according to the Plat thereof, as recorded in Plat Book 57, Pages 184 and 185 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: BEGINNING at the Southeast Comer of Lot 24 of "QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT No. 3", as recorded in Plat Book 60, Pages 29 through 31, Palm Beach County Records, Florida.; thence S.12°34'13"W., along the West Right-of-Way Line of QUANTUM BOULEVARD, for 133.91 feet; thence S.77°25'47"E., for 50.00 feet (the next 4 courses being along the centerline of QUANTUM BOULEVARD); thence N. 12°34'13"E., for 276.91 feet to a point of curvature of a circular curve to the left; thence Northerly along the arc of said curve having a radius of 6937.50 feet and a central angle of 03°28'30", for 420.76 feet to a point of tangency; thence N.09°05'43"E., for 280.00 feet to a point of curvature of a circular curve to the right; thence Northerly and Northeasterly along the arc of said curve having a radius of 500.00 feet and a central angle of 58°39'14", for 511.85 feet; thence N.22°15'03"W., radial from the center of the next described circular curve to the left, for 50.00 feet (the next 4 courses being along the West Right-of-Way Line of QUANTUM BOULEVARD); thence Southwesterly and Southerly along the arc of said curve, having a radius of 550.00 feet and a central angle of 58°39'14", for 563.04 feet to a point of tangency; thence S.09°05'43"W., for 280.00 feet to a point of curvature of a circular curve to the fight; thence Southerly along the arc of said curve having a radius of 6887.50 feet and a central angle of 03°28'30", for 417.73 feet to a point of tangency; thence S. 12°34'13"W., for 143.00 feet to the POINT of BEGINNING. (Bearings shown hereon are based upon the centerline of Quantum Blvd., as shown on the Plat of"QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT No. 2", according to the Plat thereof, as recorded in Plat Book 57, Pages 184 and 185 of the Public Records of Palm Beach County, Florida, having a bearing of N.12°34'13"E). The location map attached as Exhibit "A" shows the general vicinity of the portion of the road fight-of-way to be abandoned. The attached Exhibit MB"- shows the location of the proposed abandonment and its legal description. Page 2 Memorandum No. PZ 04-012 ABAN 03-013 The following is a description of the zoning districts and land uses of the properties that surround the subject request. North - Quantum Park Tract 92 currently vacant and designated for a city park; South Quantum Park Tract 22, Masonic Lodge, designated Office (O) and Tract 6, Stanton Magnetics, designated industrial (I); East Quantum Park Water Management Tract and designated Wetland area; and West The Lake Worth Drainage Distdct (LWDD) E-4 Canal and farther west, Dos Lagos residential development zoned PUD. BACKGROUND On May 7, 2002, the City approved the site plan for the Quantum Park Townhomes East and West. The developer proposed to construct 271 fee simple townhome units on 23.27 developable acres. The units will be built on either side of Quantum Boulevard in the northwest comer of the Quantum Park PID. The odginal Quantum Park lots 23-31 (west)will contain 169 units and lots 7-11 (east)will contain 102 units. The Plat of Quantum Park at Boynton Beach provides that Quantum Boulevard (Tract B) is dedicated to vadous utilities. The roadway known as Quantum Boulevard (Tract "B") was created as a 100-foot right-of-way via the plat of QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2, approved by the City on June 16, 1987, and recorded in P.B. 59, Pages 184-185, Public Records of Palm Beach County on September 10, 1989. r). R. Horton, Inc., re-platted the area via the plat now known as QUANTUM PARK TOWNHOMES, approved by the City on Apdl 14, 2003, and recorded in P.B. 98, Pages 126-130, Public Records of Palm Beach County on Apdl 15, 2003. That portion of Tract "B" passing through this plat was reduced from a 100-foot right-of-way to a 50-foot right-of-way as part of this re-platting process, reviewed, accepted and approved by the City Commission. Although the applicant concurs that the 100-foot right-of-way was reduced to a 50-foot right-of-way through the re-platting process of Apdl 2003, the applicant acknowledges that the abandonment process is necessary to properly/completely abandon the public right-of-way through the public headng process/protocol. Once this right- of-way is vacated, it will coincide with the plat for Quantum Park Townhomes. 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 No objection Planning and Zoning - No objection PUBLIC UTILITY COMPANIES Florida Power and Light - No objection Bell South No objection Flodda Public Utilities Company No objection Cable Company (Adelphia) No objection Page 3 Memorandum No. PZ 04-012 ABAN 03-013 Cable Company (Comcast) - N/A Quantum Communications - No response RECOMMENDATION This request for abandonment has been found consistent with the reconfiguration of the Quantum Boulevard as re-platted for Quantum Park Townhomes, and it has been confirmed that this portion of road right-of-way no longer provides a public service. Therefore, Staff recommends that this request to abandon a portion of the 100- foot wide road right-of-way for Quantum Boulevard as described above, be approved, subject to the comments included in Exhibit "C" - Conditions of Approval. Any conditions required by the Planning and Development Board and the City Commission will be placed in Exhibit "C" - Conditions of Approval. xc: Central File S:',Planning~SHARED\WP~PROJECTS~Quantum Townhomes East & WestV~M,103-O'l 3~Staff Report.doc I in. = 500.0 feet TUM C3 LOCATION MAP QUANTUM PARK TOWNHOMES EAST-WEST EXHIBIT"A" I ll ract B" - R/W. RELEASE AREA Legal Description: A portion of Tract "B" of "QUANTUM PARK AT BOYNTON BEACH, .P.I.D. PLAT N~. 2" according ~to the Plat thereof, as recorded in Plat Book 57, Pages 184 and 165 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: BEGINNING at the. Southeast COmer of Lot 24 of "QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT No. 3", as recorded in Plat Book 60, Pages 29 through 31, Palm Beach County Records, Florida.; thence S.12o34,13-W., along the WeSt Right-of-Way Line of QUANTUM BOULEVARD, for 133.91 feet; thence $.77o25,47-E., for 50.00 feet (the next 4 courses being along the centerline of QUANTUM BOULEVARD): thence N.12°34,13,E., for 276.91 feet to a point of curvature of a circular curve to thb left; thence Northerly along.the arc of said curve having a radius of 6937.50 feet and a central angle of 03°28'30-, for 420.76 feet to a point of tangency; thence N:09o05,43,E.,. for 280.00 feet to a point of curvature of a circular curve to the right; thence Northerly and Northeasterly along the arc of said curve. having a radius of 500.00 feet and a central angle of 51~°39'14-, for 511.85 feet; thence N-22°15'03"W., radial from the ~enter ofthe next described, circular curve to the left, for 50.00 feet (the next 4 coup:sas being along the West Right-of-Way Line of QUANTUMal BOULEVARD); ihence Southwesterly and Southerly along the arc of said curve, having radius of 550.00 feet and a central angle of 58°39'14., for 563.04 feet to a point of tangency; thence 8.09o05,43-VV., for 280.00 feet to a point of curvature of a circular curve to the right; thence Southerly along the arc of said curve having a radius of 6887.50 feet and a ceht~-. ' angle of 03028~d0-, for 417.73'feet to a point of tangency; thence S.12034,13-W., for 143.( feet to the POINT of BEGINNING. (Bearings sho~ hereon are based upon lhe centerline of Quantum Blvd., as dnown on ',he Plat of "QUANTUM PARK .AT BOYNTON BEACH. P.LD. PLAT No. 2". according to Ihe Plat Ihereof, as recorded in Plat Book 57, Pages t84 and 185 of the Public Records of Palm Beach County, Florida~, having a bearing of N.-~2~34H3-E.). // i\ il ~ ! \ h .o, ~ : "~ ..... ~ ........... jl ~'~ ~'2. '" i, 0 Il:Z:'= "':~ ~ ~ ¢,~ ............ il 0 - ~ *o'.~' ..................... - ' I ~'~ 0 ~.00' S.77' 25'47"E. EXHIBIT "C" Conditions of Approval Project name: Quantum Park Townhomes East and West File number: ABAN 03-013 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 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 Conditions of Approval 2 DEPARTMENTS I INCLUDE I REJECT I Comments: None X I PRIVATE UTILITIES Comments: 4. Adelphia: None. X 5. Florida Power & Light: None. 6. Florida Public Utilities Company: None. X 7. Bellsouth: None. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:~Planning~SHARED\WI:~PROJECTS\Quantum Townhomes East & West~ABAN03-O13\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park Townhomes East and West Abandonment APPLICANT'S AGENT: Paul Romanowski - D.R. Horton, Inc. APPLICANT'S ADDRESS: 1192 East Newport Court Drive Deerfield Beach, FL 33442 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 17, 2004 and March 16, 2004 (March 2, 2004 was canceled) TYPE OF RELIEF SOUGHT: Request Abandonment of a portion of a road right-of-way. LOCATION OF PROPERTY: Quantum Park Townhomes, 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\SH^RED\WP~PROJECTS\Quantum Townhomes East & West~ABAN03-013~DO.doc VIII.-PUBLI¢ HEARING ITEM C. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1, 2004 (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 February 3, 2003 City Commission Agenda under Public Hearing. The Planning and Development Board with a 6 to 1 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-007. EXPLANATION: PROJECT: Pylon Interstate Plaza (Phase II) (COUS 03-009) AGENT: Steven L. Cohen OWNER: Chamber Properties, LLC LOCATION: 1501 Corporate Drive, immediately west of Lowes Home Improvement Center DESCRIPTION: Request for Conditional Use/New Site Plan approval to construct a 29,419-square foot, two (2) story office building. PROGRAM IMPACT: FISCAL IMPACT: Develol~n(De~'~nt Director ~ Planning and Zoning Direc~ City Attorney / Finance / Human Resources S:LPlanningXSHARED\WP~PROJECTS~°ylon In(~'~tate Plaza~genda Item Request Pylon Interstate Plaza COUS 03-009 2-3-04.dot S:'~BULLETINWORMS~,AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-007 TO: Chairman and Members Planning & Development Board THRU: Michael Rumpf Director of Planning and Zoning FROM: Eric Lee .lohnson, AICP Planner DATE: .lanuary 13, 200~ PRO.1ECT: Pylon i'nterstate Plaza / COUS 03-009 RE(~UEST: Conditional Use approval for a 29,419 square foot medical office building PRO3ECT DESCRZIrn:ON Property Owner: Chambers Properties tLC Applicant: Neal G. Chambers Agent: Steven L. Cohen Location: 1501 Corporate Drive (see Exhibit "A"- Location Map) Existing Land Use/Zoning: Office Commercial (OC) / Office Professional (C-1) Proposed Land Use/Zoning: No change proposed Proposed Use: Offices Acreage: 124,581 square feet / (2,86 acres) Adjacent Uses: North: Right-of-way for Woolbright Road, then farther north is developed commercial property (Racetrac gas station), zoned Community Commercial (c-3); South: Vacant industrial (retenUon pond for Boynton Commerce Center) property, zoned Planned Industrial Development (PID); East: Two (2) story office building in Phase One, then farther east is right-of-way for Southwest 7~ Court, still farther east is developed commercial (Lowe's), zoned Community Commercial (C-3); Pylon Interstate Plaza - COUS 03-009 Page 2 Memorandum No. PZ 04-007 West: Right-of-way for Lake Worth Drainage District (LWDD) E-4 Canal, then farther west is developed commercial (First Southern Bank), A 60+/- foot portion of the subject property abuts developed residential property (Leisureville), zoned Single-family residential (R-1AA), BACKGROUND Mr. Steven Cohen, agent for Chambers Properties, LLC is seeking conditional use / new site plan approval for the construction of a 29,419 square foot office building. The subject property is located at the southwest corner of Woolbdght Road and Southwest 7~ Court. Offices are permitted uses in the C-1 zoning district. The maximum building height in the C-1 zoning district is 30 feet and the building cannot exceed two (2) stories. However, according to Chapter 2, Section 6.A.3, two (2) floors over under-story parking is allowed up to a maximum of 35 feet but subject to conditional use approval. The elevations (see Exhibit "B") show that the building will be three (3) stories tall. The first "floor" would primarily consist of the parking lot under the building, storage area, and elevator shaft. The traditional office space would only occur on the second and third stories. It must be noted that approval of this project is contingent upon the approval of the accompanying request for height exception (HTEX 03- 009). This is the second phase of a two (2)-phase project. The first phase was approved in 1984. That plan showed two (2) buildings for a total of 58,000 square feet of gross floor area. STANDARDS FOR EVALUATZNG CONDTrZONAL USES AND ANALY$?~ Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to standards. The Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or subject to conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make wdtten findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The survey shows three (3) ex/sb'ng driveway open/ngs to the subject property. The only driveway open/ng, located on Woo/bright Road allows for veh/cu/ar /ngress / egress. The other two (2) driveway open/ngs are located on Southwest 2~ Court. The opening located closest to the /ntorsecO'on to Southwest ~ Court and Woo/bright Road allows for both veh/cu/ar /ngress / egre~ wh//e the other one only allows for veh/cu/ar egress. No openings would be altered as a result of th/s development, other than the/nsta//ab'on of brick pavers. No new driveways are proposed. D/rect Pylon Interstate Plaza - COUS 03-009 Page 3 Memorandum No. PZ 04-007 access to the second phase would occur by driving on one of the ex/sting drive a/s/es that were developed as part of Phase One construct/on. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Required parking for offices is one (1) space per 300 square feet of gross floor area, including the mechanical rooms, lobbies, and restrooms. The project proposes 29,419 square feet of floor area; therefore, a total of 98 par/q'ng spaces would be required for Phase Two. The site p/an shows that 32 new parking spaces are proposed under the building. A/so, $4 surface par/q'ng spaces are proposed for a total of 66 new par/q'ng spaces. The project would comply w/th the partq'ng requirements due to the excess paridng developed during Phase One. According to the site p/an (sheet SP-1) tabu/ar data, the area of the ex/sb'ng Phase One building p/us the proposed Phase Two bu#d/ng would equal 59,607 square feet. Both buildings would therefore, require 199 pariq'ng spaces. The plan pro,Cries for 200 parking spaces. The applicant requested and the Engineering D/v/s/on approved an administrative waiver to allow the parking stalls robe dimensioned n/ne (9) feet /n w/dth by ]8 feet/n length. The dimensions would be cons/stent w/th the dimensions of the ex/sb'ng par/q'ng stalls. The hand/cap stalls would be ~2 feet/n width (w/th five (5) feet of sln'ping) and ~8 feet/n length. No new loading areas are required or proposed. The office use would have no impact on g/are, no/se, and odor on the adjacent or neighboring properb'es or as the city as a whole. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. The site p/an (sheet SP-]) shows a new dumpster enclosure is proposed at the southwest comer of the subject parcel. The location and angle of the proposed trash enclosure would efficiently facilitate the removal of its contents due to the anticipated traffic flow and design of the garbage bucks. Its location (on this proposed p/an) /s consistent with the site p/an approved/n ~984. A/so, the proposed landscape p/an (sheet LP-1 of 2) shows that the new shrubs (Redtlp Cocop/um) and trees (Royal palm and Madagascar O/lye trees) would surround the enc/esure. 4. UtiliUes, with reference to locations, availability, and compatibility. Cons/stent with Comprehensive Plan poi/c/es and city regulations, all ub'/itles, including potable water and san/tan/sewer are ava#able for this project. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The landscape p/an (sheet LP-I of 2) shows that the project would contain 98 shade trees and 34 palm trees. The west landscape buffer/s proposed at JO feet/n width. However, this port/on of the subject property currently contains an existing Florida Power & Ught (FP&L) utility easement. No modification or rerout/'ng of the FP&L easement/s proposed/n conjuncb'on w/th this Phase Two development. Therefore, the applicant must be cognizant of the p/ant material that FP&L would allow w/thin the easement. According to Chapter 2, Secb'on 4.L. of the Land Development Regulations, a buffer wall (6) feet in height or a solid row of hedges slx (6) feet/n height/s required where commercial property (in this case, the C-] zoning district) abuts a 60-foot long stretch of residential property (Boynton Le/surev///e). The landscape p/an shows that a row of Sliver Pylon Interstate Plaza - COUS 03-009 Page 4 Memorandum No. PZ 04-007 Buttonwood trees, Spanish Stopper and Eugen/a hedges would be installed w/thin this buffer and easement area. The 60-foot stretch of the subject property that directly abuts the res/denb'a/ property would have the Spanish Stopper hedges installed at six (6) feet in height. These hedges (at slx feet/n height) would provide an immediate, substanb'a/ buffer. The proposed p/ant mater/a/and their spec/ficab'ons would have to be approved by FP&L (see Exhibit "C"- Cond/b'ons of Approval). Regard/ess, the Sliver Buttonwood trees are proposed at approximately 10 feet apart, which p/aces the trees closer together than the code required m/n/mum spacing of 30 feet on center. A planting strip that would contain a mixture of trees, shrubs, and ground cover would surround the enb're building, hfore importantly, according to the landscape p/an (sheet LP1 of 2), the p/anEng stn'p on the west s/de of the building would contain a row of Paurob's and Carpentar/a palm trees, installed at varying heights between eight (8) feet to 20 feet tall. These trees, installed at varying heights, will help break up the massing of the building. Staff recommends instal/lng trees of up to 40 feet/n height (see Exhibit "C"- Cond/b'ons of Approva/). 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properUes. This project proposes one (1) wa//sign as shown on the north elevation (sheet A~). The proposed sign would be 3g square feet/n area. A note on the elevab'on page indicates that the sign would be backl/t w/th 14-inch black channel letters. No additional monument signs are allowed since Phase Two /sa port/on of enb're parcel a freestanding sign already exists. 7. Required setbacks and other open spaces. The proposed building would meet all setback requirements of the C-1 zoning district. The building /s proposed above the parking areas because of the 1lin/ted area of Phase Two port/on of the site. 8. General compaUbility with adjacent property and other properly in the zoning district. The proposed of/ice/s a permitted use/n the C-1 zoning d/stn'ct but because the park/'ng area/s proposed underneath the building,/t would only be allowed as a cond/b'onal use. In genera/, the project/s compab'b/e w/th the ex/sb'ng uses/n the surrounding area w/thin the C-1 zoning d/strict. Furthermore, there are numerous other offices located w/thin the immediate area. The proposed building would be located within an area historically characterized by professional and medical oft~ces. The 1984 approved p/an showed this parcel as earmarked for an office building. There will be m/n/ma/on-site impact and no adverse effects will occur from the proposed office use. There will be little or no impact on the adjacent properb'es or the genera/area. 9. Height of building and structures, with reference to compaUbility and harmony to adjacent and nearby properties, and the city as a whole. The max/mum allowable height for the C-1 zoning d/strict/s 30 feet, except for when park/'ng /s proposed underneath the building, the max/mum building height /s 35 feet. As previously menb'oned, the project/s only allowed as a cond/b'ona/ use because the parking areas are proposed Pylon Interstate Plaza - COUS 03-009 Page 5 Memorandum No. PZ 04-007 underneath the building. If no parking were proposed underneath the bu//d/ng, then a cond/t/ona/ use wou/d not be required. The proposed bu/Td/ng is 35 feet in height and is considered a cond/b'ona/ use because the parking is proposed underneath the bui/d/ng. According to Chapter 2, Secb'on 4.F. the decorative roof over the elevator shaft is e//g/b/e to be considered for a height excepb'on. The peak or rfdge of the standing seam meta/ roof is 53 feet - seven (7) inches in height or ]8 feet - seven (?) inches above the max/mum bu//d/ng height. Therefore, as proposed, the approva/ of this project is conb'ngent upon the approva/ of the accompanying request for height except/on (HTEX 03-004). A/though not /denb'cal in appearance to the ex/sting Phase One bu//d/ng, the applicant states that the proposed bu//d/ng has been designed w/th green g/ass over the black g/ass, in part, to "soften" the appearance of the bui/d/ng. The green glass in conjuncb'on w/th the p/anb'ng stn'p around the bu//d/ng wou/d soften the effect of the bu//d/ng as it re/ares to the residenb'a/ neighborhood directly to the west. :tO. Economic effects on adjacent and nearby properties, and the city as a whole. The proposed use w/ii constitute add/bona/convenience and choice for the members of the office community. [t is anb'c/pated that Woo/blight Road w/ii conb'nue to deve/op, redeve/op, and intensify as a profess/ona/ office and reed/cai district cortfdor. The proposed office wou/d be an appropriate use and we/corned addition for this site. :t:t. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter :tg, Article !! of the City of Boynton Beach Code of Ordinances. (Part !I! Chapter 4 Site Plan Review). W/th incorporab'on of staff comments, the proposed project wou/d comp/y w/th a// requirements of app//cab/e sections of city code. :t2. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach noise Control Ordinance. W/th incorporation of ail condib'ons and staff recommendab'ons contained here/n, the proposed medica/ office wou/d operate in a manner that is in comp//'ance w/th the above-referenced codes and ordinances of the City of 8oynton 8each. RECOMMENDAI'J:ON Based on the discussions contained herein, compliance with development regulaUons, and the consistency with the Comprehensive Plan, staff recommends that this request be approved subject to saUsfi/ing all condiUons of approval as contained in Exhibit "C". Furthermore, pursuant to Chapter 2 - Zoning, Section :t:t.2 CondiUonal Uses, a Ume limit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (:t) year be allowed to obtain a building permit for this project. ]vmr Jelj S:~Plarming~HARED\WP~ROJECTS~Pylon Interstate Plaza~Staff Report.doc ~ EXHIBIT "A" I in. = 300.0 feet PCD PCD HOme -De C1 Lowe's P i'D LOCATION MAP PYLON INTERSTATE PLAZA Phase II LOCATION MAP ! EXHIBIT "B" j! I I EXHIBIT "B" ~ ~*~?,:, .~ ~ ~__ ~'~&'_ ...... r ............... ~~' , i t -~_~ ~ i, , ,., !!~ii!." :~-% m:i Iii ,I. . "~' ~'-' l.i ~ I I - ii[il! [,ll:dL,,:. ":" ! ,i,l ~ I ,," l,l'iiljlJ! ' i~".J_:ill[[i'i :[ilJjJ;JJ,.:l:.,, ;J Jill ~ i:i t.l.:,, .,,!,Iii ~i~,i. lilt :gill jt:,j ltl!~ltll I"i : ,: :,, ,,,,: i,:i:~l ;!1 ~ ibq[] J:~ "ill[il I![ ,[ IIII !": : , I] :' I! i} -~ "~" i~ "i "-~' ,:.. :..,., ::~ :,,, :,:,: ~: ...., ,: IRRIGATION DETAILS & SPECIFICATIONS ~ ___ .__ ~ PYLON INTERSTATE PLAZA i ..~ ii. . .. I %iiiiiiill "Ill~ i ! ., (- I II~l~ AND ll'lll~ i !'''"^'''= '' · . EXHIBIT"B- , EXHIBIT "B" __ __ __ --'~'-- --' -J' "'" I-- -- ---~ I ~...__ I1 ? --~. ... , _ , ',_i~ -.. ¢..,,. ~ ~,~ · .~,,, ~.~.. ,.1'--~!, ! '. I ~ ~1~ I I I I I II Ill ~,~ ~ ~ EXHIBIT "C" Conditions of Approval Project name: Pylon Interstate Plaza Phase II File number: COUS 03-009 Reference: 3~a review plans identified as with a New Site Plan with a January 13, 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Based on the proposed location for the dumpster enclosure shown on Sheet X SP-1 there appears to be a vertical conflict with the proposed Silver Buttonwood. Please adjust tree locations accordingly. PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: 2. The proposed on-site drainage is shown connecting to an existing system. No X information has been provided regarding the sizing of the existing system. Provide justification that the existing system can handle the additional flows generated by the proposed site improvements and additional storm sewer/exfiltration system. 3. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 4. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate X grate, rim and invert elevations for all structures. Indicate grade of storm sewer segments. Indicate material specifications for storm sewer. 5. Paving, Drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 6. Show all utility easements on the site plan and landscape plans (as well as the X Water and Sewer Plans) so that we may determine which appurtenances, trees COA 01/22/04 2 DEPARTMENTS INCLUDE REJECT or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 7. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 8. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 9. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 10. All utility construction details shall be in accordance with the Utilities X Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 11. Indicate within the site data the occupancy type of the building as defined in X 2001 FBC, Chapter 3. 12. Buildings, 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 ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida COA 01/22/04 3 DEPARTMENTS INCLUDE REJECT shall be submitted for review at the time of permit application. 13. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (,psf) on the plans for the building design. 14. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 15. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 16. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 17. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a) The full name of the project as it appears on the Development Order and the Commission-approved site plan. b) 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). 18. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the Cit~ Commission. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: Existin~ Trees Management Plan Sheet TS-1 19. The Landscape Architect should review the tabular mitigation for the 65- X caliper inches of existing trees proposed to be removed and show all 65- caliper inches of replacement trees. These replacement trees should be of the height, canopy spread and caliper to visually buffer the proposed building West and South elevations between the heig~hts of 10 feet to 40+ feet. These COA 01/22/04 4 DEPARTMENTS INCLUDE REJECT replacement trees should be shown by a separate symbol on the landscaPe plan. The replacement trees should be placed along the West and South property perimeter to visually screen the proposed building elevation from the surrounding residential neighborhood. 20. The Landscape Architect should also secure a copy of the original approved X landscape plan for the phase I building and confirm that all of the trees on the site are existing throughout the property. There may have been trees removed from the site, which is not accounted for in the proposed tree mitigation plan. Landscape Plan Sheet LP-1 21. All shade and palm trees on the Plant Schedule must be listed in the X specifications as a minimum of 12 '-14' height, 3" caliper at DBH (4.5' off the ground), and Florida #1 (Florida Grades and Standards manual). This includes the multi-trunk species. The height of the trees may be larger than 12'-14' to meet the 3" caliper requirement. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.]. 22. The landscape design should include the City signature trees (Tibochina X granulosa) at the project ingress / egress locations. [Environnemental. Regulations, Chapter. 7.5, Article II Sec. 5.C.3, N.J. 23. The Tree & Palm Planting Detail shown on Sheet LP-2, should include a line X on the drawings indicating where the: a. diameter at breast height (4.5 feet off ground) of the trees are to be measured a minimum of 3 inches caliper at time of planting; b. overall height of the tree or palm is to be measured at time of planting; c. clear trunk, clear wood, gray wood or tk is to be measured at time of planting 24. The applicant should show an elevation cross-section detail indicating how X the height of the proposed landscape material will visually buffer the proposed drivewa~t areas from the Woolbri~ht Road ri~,,ht-of-wa¥. PLANNING AND ZONING Comments: 25. Since the building height is proposed above 30 feet, conditional use approval X would be required (Chapter 2, Section 6.A.). Pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to 'be developed. Staff recommends that if approved, a period of one (1) year be allowed to obtain a building permit for this project. 26. Approval of this project is contingent upon the approval of the corresponding X COA- Plyon Interstate Plaza COUS 03-009 01/28/04 5 DEPARTMENTS INCLUDE REJECT request for a height exception (I-tTEX 03-009). 27. A traffic impact analysis is required prior to the Technical Review Committee X meeting (Chapter 4, Section 7.F.2). It must be approved by the Palm Beach County Traffic Division for concurrency purposes prior to the issuance of any building permits 28. On the landscape plan, ensure that the plant quantities must match between X the tabular data and the graphic illustration. Also, the landscape plan (sheet LP-1 of 2) should list all the plant species and their respective quantities. 29. Provide written verification from FP&L that they approve of the landscape X material proposed within their 10-foot wide utility easement. If FP&L does not approve of the landscape material, then either revise the plans to comply with code or request a variance. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 30. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 31. To be determined. MWR/elj S:\Planning\SHARED\WP\PROJECTS~Dylon Interstate Plaza\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Pylon Interstate Plaza APPLICANT'S AGENT: Mr. Steven L. Cohen - Steven L. Cohen & Associates P.A. APPLICANT'S ADDRESS: 300 Northwest 82"~ Avenue, Suite 406 Plantation, Florida 33324 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 3, 2004 TYPE OF RELIEF SOUGHT: Conditional use approval for the construction of a two (2) story office building with under-story parking on a 2.86-acre lot in a C- 1 zoning district. LOCATION OF PROPERTY: 1501 Corporate Drive, immediately west of Lowe's Home Improvement Store. 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\Pylon Interstate Plaza\DO.doc VIII.-PUBLIC HEARING CITY OF BOYNTON BEA¢ ITEM E. AGENDA ITEM QUEST 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 [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1, 2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January20,2004 January 5, 2004 (Noon) [] March l6, 2004 March l, 2004 (Noon) ~ C'),-q [] Administrative [] Legal '~ mca NATURE OF [] Announcement [] New Business :~,:~: AGENDA ITEM [] City Manager's Report [] Presentation "~__. c:~: [] Consent Agenda [] Public Hearing ~ -an [] Code compliance/Legal Settlements [] Unfinished Business . ~ RECOMMENDATION: Please place this item on the February 3, 2004 City Commission agenda under Public Hearing. Staffrecommends this item be approved, which is necessary to continue the processing of the Notice of Intent and plan for code amendments relative to the Infill Planned Unit Development (IPUD) zoning district. EXPLANATION: Notice of Intent (Resolution No. R04-016) to adopt pending Land Development Amendment - Infill Planned Unit Development (IPUD) The Notice of Intent (NOI) for this planning study was approved by the Commission on January 20, 2004. Pursuant to Ordinance 00-53, which established the NOI process, at the next Commission meeting following approval of the NOI, a public hearing will be held to provide the format for the public to address the City Cona~dssion relative to a filed NOI. In follow-up to the execution of the Zoning in Progress (ZIP) resolution, staffis prepared to initiate amendments to the Land Development Regulations to ensure that the quality of any intill project approved under the regulations is consistent with the stated intent of the zoning district and the Federal Highway Corridor Redevelopment Plan. The Notice of Intent is in effect for 6 months, which is anticipated to be adequate time to complete the analysis and formulate any necessary recommendations. PROGRAM IMPACT: N/A. FISCAL IMPACT: N/A ALTERNATIVES: Not approve subject Notice of Intent and redirect staff accordingly Dev t rl p2 nt ' ector Planning and Zoni~irector City Attorney / Finance / Human Resources SSPlanningXSHARED\WPXSPECPROJ'CZoning in ProgressXAgenda Item Request Form NOI Public Heating 2-3-04.dot EXHIBIT "A" NOTICE OF INTENT TO ADOPT PENDING LAND DEVELOPMENT AMENDMENT NOI #2004-01 STATEMENT OF PURPOSE AND SCOPE OF STUDY The purpose of this Notice of Intent is to declare a period to prepare and bring forward for adoption amendments to the Land Development Regulations to clarify standards and requirements for the Infill Planned Unit Development Zoning District. AFFECTED AREA The Affected Area shall be specifically described as all lands eligible to be rezoned to Infill Planned Unit Development (IPUD) citywide. (see attached Exhibit "A"). GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDR) 1. Increase requirements for pervious areas; 2. Provide design standards; 3. Increase landscaping requirements; and, 4. Provide clearer setback requirements. AFFECT ON'DEVELOPMENT IF REGULATION ADOPTED The intent of amendments to the Land Development Regulations is to ensure quality projects consistent with the stated intent of zomg district and the "Federal Highway Corridor Community Redevelopment Plan". EXISTING SECTIONS OF THE LAND DEVELOPMI~.NT REGULATIONS WHICH ARE THE SUBJECT OF THE STUDY AND MAY BE A/VffiNDED LDR, Chapter 2. Zoning, Section 5.L. INFILL PLANNED UNIT DEVELOPMENT (IPUD) PROJECTED TIME FRAME FOR STUDY One Hundred and Eighty (180) days from the date of approval of this Notice by the City Commission. STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING REGULATION WOULD AFFECT $ :~2AhNotic~ oflnl~t~/O1200~01 Effective on adoption of this Notice, no application or uses within the Affected Area deemed incomplete shall be processed and no new application shall be accepted or processed during the period that this Notice is in effect. This Notice of Intent shall only apply to said applications for rezoning to the Infill Planned Unit Development Zoning District submitted to the City after the Notice of Intent is executed. ADDITIONAL NOTICE 1. The Notice of Intent shall be posted in the Development Department and in the notice ease located at the main entrance to City Hall. 2. A copy of the Notice of Intent shall be mailed to the Chamber of Commerce. 3. Following issuance of this Notice of Intent, the notice shall be provided to all applicants who may be potentially affected by the pending study and regulatory changes. This notice shall be provided to those individuals by mail, facsimile, electronic mail or in person. Comments including written objections to the Notice of Intent, shall be accepted by the Development Department Director from recipients of this notice. Neither failure by the City Clerk to provide notice as set forth in this section non the lack of awareness of any potentially affected applicant shall not invalidate the applicability of this notice. Dated: January 20, 2004' Adopted by Resolution number R04-olto of the City Commission of the City of Boynton Beach, Florida the ~1o day of, Ja.tmat-,~. 200q___. S :W-3,~i'ot~ of InteafllgO1100401.doe NOTICE OF INTENT NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission of the CITY OF BOYNTON BEACH will hold a PUBLIC HEARING during their regular City Commission meeting to be held at the BOYNTON BEACH COMMISSION CHAMBERS located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, February 3, 2004 at 7:00 p.m. or as soon thereafter as the agenda permits. This PUBLIC HEARING will be held to allow members of the public the opportunity to address the City Commission regarding the "NOTICE OF INTENT" to adopt pending amendments to the zoning code and development regulations. Said Notice of Intent was adopted by Resolution No. R04-016 on January 20, 2004, pursuant to Ordinance 00-53 (Chapter 1, Article XI of the Land Development Code). The "NOTICE OF INTENT' represents a formal announcement of a period during which time. no applications will be accepted relating to rezoning property to the Infill Planned Unit Development district within the city. The "NOTICE OF INTENT" is to be in effect for a period of six (6) months beginning January 20, 2004 and is intended to provide time to evaluate existing regulations and to develop anticipated amendments to the development regulations found in Chapter 2 Zoning, Section 5.L. INFILL PLANNED UNIT DEVELOPMENT (IPUD). These amendments may increase requirements for pervious areas, provide design standards, increase landscaping requirements, and provide clearer setback requirements. D:~NOTICE OF PUBLIC HEARING IPUD.doc RESOLUTION NO. R04- 0 ! ~o A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ISSUANCE OF A NOTICE OF INTENT TO ALLOW THE CITY ADMINISTRATION TO STUDY, REVIEW AND REVISE THE STANDARDS AND REQUIREMENTS FOR DEVELOPMENT IN THE INFILL PLANNED UNIT DEVELOPMENT DISTRICT (IPUD); PROVIDING FOR NOTICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City administrative staff has requested Commission approval to issue a of Intent to allow the staff to study and review the Infill Planned Unit Development (IPUD) to determine if amendments or modifications arc needed with respect to uirements for pervious area, design standards, increase landscape requirements, and ; and WHEREAS, the Commission deems it timely and in the best interest of the City and its residents to undertake study, review and revision of the IPUD Code; and WHERAS, the Commission has authority to initiate the review process by adoption Resolution and issuance of a Notice of Intent; and WHEREAS, the Notice of Intent attached to this Resolution as Exhibit "A" represents formal announcement of planning activities and zoning in progress, and the period during time all applications related to development activity proposed within the study area, either be abated or must conform to the most restrictive standards or regulations being proposed~; and WHEREAS, this Notice of Intent will be in effect fi.om the date of adoption and of Intent~Nofice of lntent Re~o - IPUD.doc for a period of 180 days following the date of adoption unless otherwise extended Commission by subsequent Resolution following public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does and issue the Notice of Intent attached hereto as Exhibit "A". section2. That this Resolution shall become effective city-wide immediately passage. Section 3. The Notice of Intent shall be posted and copies provided as required Ordinance 000-053 (Codified'in Article XI of Chapter 1 of the City's Land Development Part III, Code of Ordinances). j Section 4. A Public Hearing shall be conduete~during the February 3, 2004 City meeting, following which the Commission shall vote to. either approve or further processing of the proposed regulation study period described in the Notice Section 5. No application for development activity within the scope of the study accepted by the City following the date of adoption of this Resolution and during the period. No application for development activity within the scope of the study shall be processed by the City, following the date of adoption of this Resolution during the unless the application was filed prior to the adoption date of this Resolution. By way of example: If an increase in setbacks from ten feet to twelve feet is under study, a site Plan incorporates twelve foot setbacks may be submitted and processed. l:~CA~lotice of lntent~oflce of Intent R-ese - IPUD.doc PASSED AND ADOPTED this ~o day of January, 2004. CITY OF BOYNTON BEACH, FLORIDA :~CAhNot/ce of lntent~Notice of Intent Peso - IPUD.doc l'X. - CI~TY MANAGER'S REPORT ITEM A REOUEST, FOR OUALIFICATIONS FROM RESPONDENTS FOR "DESIGN/BUILD SERVICES FOR THE EXPANSION OF THE?WEST WATER TREATMENT PLANT" CITY OF BOYNTON BEACH, UTILITIES DEPARTMENT RFQ #007,2821-04/CJD Creating value for our customers and community by achieving excellence in service, products and environmental quality PEOPLE - TEAMI~ORK - INNO VA TION R FOR OUALIFICATIONS FROM RESPONDENTS FOR "DESIGN/BUILD SERVICES FOR ~E EXPANSION OF THE WEST WATER ~ATMENT PLANT" CITY OF BOYNTON BEACH, UTILITIES DEPARTMENT RFQ #007-2821-04/CJD ~IANDATORY PREr, SUtBMITTAL CONFERENCe, OCTOBER ~~~AT .~:--~.~. A.M. WEST WATER TREATMENT PLANT 5469 WEST BOYNTON BEACH BLVD. BOYNTON BEACH, FL RFQ OPENING DATE: NOVEMBER 18, 2003 RFQ OPENING TIME: 2:30 P.M. (LOCAL TIME) CONFERENCE ROOM" B "CITY HALL REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of tl~is routing slip must accompany any r~quest to have a Legal Notice or Legal Advertisement published and must be submitted to the office of the City Attorney eight (8) working days prior to the first publishing date requested below. ORIGINATING DEPARTMENT: U~ilities Dcpaz'trnent Carol ~. Doppler_ DATE pREPARED: October 2~ 2003 pREPARED BY: _ BRIEF DESCRIPTION OF NOTICE OR AD: REQUEST FOR QUALiFICATIONS FROM RESPONDENTS FOR DESION~U!I.I'~ SERVICES FOR THE EXPANSION OF THE WEST WATER TI~EATMENT PLANT FOR THE CITY OF BOYNTON BEACH, UTILIT~S DEPARTMENT REASON FOR BFQ: To obt0.in q?alification submitxals from Respondents for evaluation and to de~ermine those best qualified to bid on a subsequent Desi~/Build project for the cxpz-.~ion of~e membrane softening West Water Treatment Plant for the Utilities Department. SEND COPIES OF AD TO: Procurement Services NEWSPAPER(S) TO PUBLISH: Palm Beach Post Times, Sun Sentinel and Florida Photo News DATE TO BE PUBLISHED: APPROVED BY: D~. ~.~tor of Financial Services /~/~ ~/~ 2 ' .... /.Date RECEIVED BY CITY CLERK: COMPLETED: of Beach Procurement Services 1 O0 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Phone (561) 742-6320 FAX: (561) 742-6306 ADDENDUM #2 DATE: November 14, 2003 BID TITLE: "Request for Qualifications from Respondents for Design/Build Services for the Expansion of the West Water Treatment Plant" BID NO.: 007-2821-04/CJD The following changes, additions, and/or deletions are hereby made a part of the Request for Qualifications for "DESIGN/BUILD SERVICES FOR THE EXPANSION OF THE WEST WATER TREATMENT PLANT': NOTICE OF CHANGE: The Request for Qualification opening date has been changed. The new opening date is NOVEMBER 21, 2003 at 2:30 p.m. (local time) in Conference Room 'B', City Hall, 100 E. Boynton Beach Blvd., Boynton Beach, FL DELETION: Addendum/ti, Dated November 10, 2003 Item No. 8 - Number of Respondent Teams to be short-listed for Commission Approval Please delete this paragraph in its entirety A-1 CLARIFICATIONS: Item No. 1 - Number of Respondent Teams for Commission Approval Each submittal will be evaluated and ranked by the Evaluation Committee according to the Sample Weighting Score Sheet enclosed in the RFQ document. That sequential ranking of all proposals will be submitted to City Commission along with a recommendation from the Evaluation Committee indicating the most qualified respondents (the recommended "short list"). All Respondent Teams' proposals will be submitted to the City Commission for consideration. The City Commission will make the final decision either to accept the recommendation, or expand the recommendation that may include additional qualified respondents. Item No. 2 - Mandatory Open Forum Meeting RFQ Document Page 4B; and Page lSD: After the City Commission makes the final decision on the qualified respondents, a mandatory open forum meeting will be scheduled. Since this will be a public meeting, the date, time and location will be posted at City Hall and Procurement Services. The City does not expect, or require any deliverables from the approved "short-listed" firms. A Summary of Project Experience is required with each respondent's submittal. Based on this information, it is the intent of the City to openly ask questions regarding successful technologies used on previous projects. This meeting will assure that we have not overlooked-any design or process opportunities. Participation in the open forum discussion will be at the discretion of the City Commission approved respondents. If you have any further questions or require additional clarification, please call Paul Fleming, Sr. Project Manager at (561) 742-6487. Sincerely, Bill Atkins Deputy Director of Financial Services fk-tr cc: All Plan Holders Dale Sugerman, Assistant City Manager Paul Fleming, Sr. Project Manager Tom Nogaj, P.E., Camp Dresser & McKee, Inc. File A-2 of ton Beach Procurement ServWes 1 O0 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Phone (561) 742-6320 FAX: (561) 742-6306 ACKNOWLEDGEMENT OF ADDENDUM #2 REQUEST FOR QUALIFICATIONS FOR "DESIGN/BUILD SERVICES FOR THE EXPANSION OF THE WEST WATER TREATMENT PLANT" RFQ #007-2821-04/CJD RESPONDENT MUST SIGN, DATE AND INCLUDE "ACKNOWLEDGEMENT OF ADDENDUM #2" WITH RESPONSE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. NAME OF RESPONDENT SIGNATURE PRINT NAMEflTYLE DATE THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE A-3 of B, ton Beach Procurement Services 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Phone (561) 742-6320 FAX: (561) 742-6306 ADDENDUM #1 DATE: November 10, 2003 BID TITLE: "Request for Qualifications fi.om Respondents for Design/Build Services for the Expansion of the West Water Treatment Plant" BID NO.: 007-2821-04/CJD The following changes, additions, and/or deletions are hereby made a part of the Request for Qualifications for "DESIGN/BUILD SERVICES FOR THE EXPANSION OF THE WEST WATER TREATMENT PLANT": ADDITIONS: Item No. 1 - Required Forms for Design Member Page 13' 5b: Design Member must meet the following minimum experience requirements: iii. Complete Summary Table of Applicable Experience - Design Member to verify qualifications required in Section 3, Bb. listed above. Summary Table is located in Appendix "A". All subconsultants listed on the Schedule of Subconsulting Participation must complete a Summar~ Table of Project Experience. A-1 CHANGES: Item No. 2 - Qualifications of the Respondent Team - Project Experience Page 12: 5a: Constructor Member must meet the following minimum experience requirements: i. Served as the Constructor in three (3) completed construction projects, within the last ~ ten (10) years, of not less than $5 million (each) in total project costs for a potable water treatment plant, wastewater treatment plant, or plant expansion. (No changes to the remainder of this paragraph) Item No. 3 - Qualifications of the Respondent Team - Design Member Page 13' 5b: Design Member must meet the following minimum experience requirements: i. Served as the Design Engineer in three (3) completed construction projects, within the last .... c:...~ t~ :,'car: ten (10) years, of not less than $5 million (each) in total project costs for a potable water treatment plant or plant expansion; however, one (1) of the projects must have been completed in the last five (5) years. (No changes to the remainder of this paragraph) Item No. 4 - Qualifications of the Respondent Team - Membrane System Suppliers Page 13: 5c: Membrane System Supplier must meet the following minimum experience requirements: (No changes to this section) CLARIFICATIONS: Item No. 5 - Pr0iect Experience with Desalination Treatment Plants Page 13: 5b: Design Member must meet the following minimum experience requirements: i. Other than the change noted above in Item No. 2, there are no additional changes to this paragraph. We requested that "At least one (1) project must have been design/build project and at least one (1) project must have been a nanofiltration treatment plant or a low pressure reverse osmosis (LPRO) treatment plant, etc."; we have not restricted project experience to ONLY nanofiltration and LPRO. A-2 Item No. 6 - Membrane System Suppliers A Respondent Team may consist of more than one (1) qualified Membrane System Supplier; therefore, thc same Membrane System Supplier could bca team member for more than one (1) Respondent Team. When thc subsequent Request for Bid (EFB) is issued in thc next phase, thc Respondent Team must make a final decision on the use of one (1) qualified Membrane System Supplier as named in their Request for Qualification submittal. Item No. 7 - Experience of Proiect Managers As outlined in thc RFQ document, Page 11, Paragraph 2h, Qualifications of Respondent, "Resumes of key project members of Constructor Member, Design Member, etc." are requested as part of the submittal. If a Project Manager (or key project member) has prior experience with another firm, it should be included in thc individual resumes for consideration and evaluation purposes. Item No. 8 - Number of Respondent Teams to be short-listed for Commission approval There is no set number of Respondent Teams for the short-list. Each submittal will be evaluated and ranked according to the Sample Weighting Score Sheet enclosed in the RFQ document. A list of all ranked Respondent Teams will be submitted to Commission for the final selection of qualified respondents who will be invited to submit a proposal for the subsequent RFB. Item No. 9- Availability of Basis of Desi~,n Reoort (BODR) As stated at the Pre-Submittal meeting, the purpose of the meeting and the issuance of an Addendum, was to answer questions pertaining to the RFQ. The BODR, prepared by Camp Dresser & McKee, Inc. is only relevant to the subsequent RFB to be issued as the next phase of the expansion. At the present time, we are only responding to questions pertaining to the actual qualifications of the Respondent Teams. In the RFQ document, Page 6 outlines the Scope of Services for the subsequent RFB. The BODR will be incorporated into the RFB. ~ Item No. 10 - Escalator Clause As stated in the General Terms and Conditions for Respondents, "Any RFQ which is submitted subject to an escalator clause will be rejected". Item No. 11- Stipend for the preparation of the subsequent Request for Bid There will be no stipend for the preparation of the subsequent RFB; the City considers the cost of bid preparation as the responsibility of the bidder. A-3 Item No. 12 - Completion of Required Forms The following forms are NOT required by any subcontractor/subconsultant listed on the Schedule of Subcontractor/Subconsultants Participation: · Anti-Kickback Affidavit · Minority Owned Business · Confirmation of Drag-Free Workplace · Schedule of Subcontracting Participation These forms are to be completed by the Respondent, Constructor, Design Member and Membrane System Supplier. Item No. 13 - Location of Control Room The Control Room will remain in the present location after the Phase IV expansion of the West Water Treatment Plant is complete. If you have any further questions or require additional clarification, please call Paul Fleming, Sr. Project Manager at (561) 742-6487. Sincerely, Bill Atkins Deputy Director of Financial Services cc: All Plan Holders Paul Fleming, Sr. Project Manager Tom Nogaj, P.E., Camp Dresser & McKee, Inc. File The City of Bo ,nton Beach Procurement Services 100 E. Boynton Beach Boulevard Boynton Beacl~ Florida 33435 Phone (561) 742-6320 FA,E: (561) 742-6306 ACKNOWLEDGEMENT OF ADDENDUM #1 REQUEST FOR QUALIFICATIONS FOR "DESING/BUILD SERVICES FOR THE EXPANSION OF THE WEST WATER TREATMENT PLANT" RFQ #007-2821-04/CJD RESPONDENT MUST SIGN, DATE AND INCLUDE "ACKNOWLEDGEMENT OF ADDENDUM #1" WITH RESPONSE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. NAME OF RESPONDENT SIGNATURE PRINT NAMEfrlTLE DATE THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE A-5 The City of Boynton Beach I Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6320 FAX: (561) 742-6306 REQUEST FOR QUALIFICATIONS INVITATION FROM RESPONDENTS FOR "DESIGN/BUILD SERVICES FOR THE EXPANSION OF THE WEST WATER TREATMENT PLANT" CITY OF BOYNTON BEACH, UTILITIES DEPARTMENT RFQ # 007-2821-04/CJD Sealed Requests for Qualifications (RFQ's) will be received in Procurement Services, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310 on or by: NOVEMBER 18, 2003, No Later Than 2:30 P.M. {Local Time). RFQ's will be opened in: PROCUREMENT SERVICES-CITY HALL 2ND FLOOR unless otherwise designated All RFQ's received will be publicly opened and recorded for acknowledgement of receipt. RFQ's received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regard to mail being delivered by a specified time so that an RFQ can be considered. The City reserves the right to consider RFQ's that have been determined by the City to be received late due to mishandling by the City after receipt of the RFQ and no award has been made. A MANDATORY Pre-Submittal Conference is scheduled for OCTOBER 27, 2003 at 10:00 a.m. {local time), to be held at the West Water Treatment Plant, Training Room, located at: 5469 West Boynton Beach Boulevard, Boynton Beach~ Florida. Attendance is MANDATORY and proof of attendance will be indicated by the Respondent's signature or their appointee on the attendance sheet provided at the Pre-Submittal Conference. A MANDATORY Site Inspection of the West Water Treatment Plant will follow the Pre-Submittal Meeting. Any questions relative to any item(s) or portion of this RFQ should be directed to Carol Doppler, CPPB, Sr. Buyer (561) 742-6323. America's Gateway to the Gulfstream SCOPE OF SERVICES: The City of Boynton Beach is issuing this Request for Qualifications to obtain qualification submittals from Respondents for evaluation and to determine those best qualified to bid on a subsequent Design/Build project for the expansion of the City's membrane softening West Water Treatment Plant (West WTP). The project consists of the design, construction, and startup for the expansion of the City's membrane softening West WTP. The West WTP is a nanofiltration plant with a permeate capacity of 8.36 mgd. This project will be an 8 mgd (permeate) expansion, increasing the total plant permeate capacity to 16.36 mgd. The unit processes to be expanded or modified may include, but are not limited to cartridge filtration, membrane feed pumps, membrane nanofiltration treatment trains, degasifier, off-gas scrubbing system, product transfer pumps, high service pumps, miscellaneous chemical storage and/or feed systems, and building expansion. A Respondent may be comprised of one (1) or more firms, companies, and/or individuals; however, to be deemed a Qualified Respondent, the Respondent must demonstrate that it has the following team components: · A qualified constructor- Constructor Member; · A qualified design engineer - Design Member; and · A qualified membrane system supplier or suppliers - Membrane System Supplier(s) It is the intent of the Utilities Department that the City will contract directly with a single entity (Contractor/Constructor) for the subsequent Design/Build bid. The entity will be the single point of contact and have direct contractual responsibility for all design, construction, quality control, and startup services necessary to successfully complete the construction, starmp, acceptance testing and initial operation of the West WTP expansion. A MORE DETAILED OUTLINE OF THE SCOPE OF SERVICES CAN BE FOUND IN THE REQUEST FOR QUALIFICATIONS DOCUMENTS AND SPECIFICATIONS ATTENTION ALL INTERESTED RESPONDENTS: Respondents may obtain RFQ Documents at the office of Camp Dresser & McKee, Inc.~ 1601 Belvedere Road~ Suite 211 South~ West Palm Beach~ FL 33406. Any questions related to the RFQ Documents are to be directed to Thomas Noga[, P.E., (561) 689-3336. RFQ Documents are available for a non-refundable charge of $25.00 per set. Additional documents may be purchased for a non-refundable charge of $25.00 per set. RFQ Documents may be examined at the office of Procurement Services City of Boynton Beach, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Documents will be made available at the following: McGraw Hill Construction Dodge - West Palm Beach; Construction Market Data - Oakland Park; and Palm Beach County Resource Center - Riviera Beach; and can be downloaded at www.demandstar.com TABLE OF CONTENTS Section 1 - RFQ Submittal Information ........................................................ 1 - 3 Section 2 - Project Background and Scope of Services ................................ 4 - 7 A. Background B. The Goal C. West Water Treatment Plant Description D. Raw Water Quality E. Scope of Services Section 3 - Selection Criteria and Technical Submittal Information ............... 8 - 13 A. Request for Qualifications Requirements B. Technical Submittal Information 1. Letter of Interest 2. Qualifications of Respondent 3. Financial Capability of Respondent 4. Contact Person for Respondent 5. Qualifications of the Respondent Team - Project Experience a. Constructor Member b. Design Member c. Membrane Supplier Member Section 4 - General Information .................................................................... 14-15 General Conditions for Respondents ............................................................. 16-19 Special Conditions for Respondents .............................................................. 20 Insurance Advisory Form - Attachment "A". ................................................ 21 Appendix "A" - Required Forms .................................................................. 22-47 Qualifications Form 1 - Affidavit From Respondent Qualifications Form 2 - Affidavit From Constructor Member Qualifications Form 3 - Affidavit From Design Member Qualifications Form 4 - Affidavit From Membrane System Supplier Summary Table of Project Experience - Constructor Member Summary Table of Project Experience - Design Member TC-1 TABLE OF CONTENTS Summary Table of Project Experience - Membrane System Supplier Anti-Kickback Affidavit (one for each team member) Confirmation of Minority Owned Business (one for each team member) Confirmation of Drug-Free Workplace (one for each team member) Schedule of Sub-contractors (one for each team member) Mandatory Respondent's Site Inspection Statement of Non-Submittal (if applicable, completed by Respondent) Appendix "B" - Informational Material ........................................................ 48-53 Exhibit "1" - Water Quality Report Exhibit "2" - City of Boynton Beach Ordinance, Letters of Credit Exhibit "3" - Sample Weighting Score Sheet TC-2 REQUEST FOR QUALIFICATIONS FROM RESPONDENTS FOR "DESIGN/BUILD SERVICES FOR THE EXPANSION OF THE WEST WATER TREATMENT PLANT" THE CITY OF BOYNTON BEACH, UTILITIES DEPARTMENT" RFQ #007-2821-04/CJD Section 1 - RFQ Submittal Information A. The City of Boynton Beach will receive RFQ responses until NOVEMBER 18~ 2003, at 2:30 P.M. (LOCAL TIME) in Procurement Services located on the second floor of City Hall, 100 E. Boynton Beach Boulevard, to provide the City with Qualified Respondents for DESIGN/BUILD SERVICES FOR THE EXPANSION OF THE WEST WATER TREATMENT PLANT. B. Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the Respondent to have their RFQ response delivered to Procurement Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that creates proof of submittal. RFQ responses that arrive after the above stated deadline as a result of delay by the mail service shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the Respondent's request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the RFQ and prior to the award being made. C. These RFQ's will be publicly opened and recorded for acknowledgement of receipt in Procurement Services after the designated due date, on NOVEMBER 18~ 2003~ at 2:30 P.M. (local time). All Respondents or their representatives are invited to be present. Procurement Services is located on the second floor of City Hall, 100 E. Boynton Beach Boulevard. America's Gateway to the Gulfstream 1 D. A MANDATORY Pre-Submittal Conference will be held on OCTOBER 27, 2003 at 10:00 A.M. (local time) at the West Water Treatment Plant, Training Room, located at: 5469 West Boynton Beach Boulevard, Boynton Beach~ Florida, to answer questions pertaining to this Request for Qualifications. It is MANDATORY that all Respondents attend this conference, as no additional information will be given over the phone and no additional meetings will be scheduled with Respondents to discuss the project. A MANDATORY Site Inspection of the West Water Treatment Plant will follow the Pre- Submittal Conference. The issuance of a written addendum is the only official method whereby interpretation, clarification or additional information can be given. E. The City's contact person for this RFQ regarding technical information is: Paul M. Fleming, Senior Project Manager 124 E. Woolbright Road City of Boynton Beach, FL 33435 Telephone: (561) 742-6487; FAX (561) 742-6298 E-Mail: flemingp~ci.boynton-beach.fl.us Request for additional information or clarifications must be made in writing to Thomas Nogai, P.E., Camp Dresser & McKee, Inc., 1601 Belvedere Road, Suite 211 South, West Palm Beach, FL 33406 no later than November 8, 2003. If any addendum(s) are issued to this Request for Qualifications, the City will attempt to notify all prospective Respondents who have secured same, however, it shall be the responsibility of each Respondent, prior to submitting the RFQ response, to contact the City Procurement Services at (561) 742-6323 to determine if any addendum(s) were issued and to make any addendum acknowledgements as part of their RFQ response. F. One (1) original, so marked, and nine (9) copies, of the RFQ response shall be submitted in one sealed package clearly marked on the outside "RFQ FOR DESIGN/BUILD SERVICES FOR THE EXPANSION OF THE WEST WATER TREATMENT PLANT", and addressed to: City of Boynton Beach, Procurement Services, 100 E. Boynton Beach Boulevard, 33435 - OR - P. O. Box 310, Boynton Beach, FL 33425-0310. G. Responses shall clearly indicate the legal name, address and telephone number of the Respondent (firm, corporation, partnership or individual). Responses shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to bind the Respondent to the submitted RFQ and be empowered to enter into a Contract with the City for the subsequent Design/Build bid. Respondents must note their Federal I.D. number on their RFQ submittal. H. All expenses for making RFQ responses to the City are to be borne by the Respondent. I. The scope of services will closely track the scope of work detailed in Section 2-E, Scope of Services of this Request for Qualifications. J. Respondents are hereby notified that information submitted as part of a response to this RFQ is subject to Florida Public Records Act. As such, neither the Utilities Department nor the City shall in any way be liable or responsible for the disclosure of any submissions or portions thereof in response to this RFQ with the exception of financial statements. Financial statements may be sealed within the submittal and marked "Not for Public Record". K. Respondents who are deemed qualified by City staff and approved by the City Commission, will be invited to respond to a subsequent Design/Build bid for the expansion of the West WTP. L. Qualified Respondents who submit proposals in response to the subsequent Design/Build bid request, will be evaluated in accordance with the procedures and criteria set forth in the City's bid documents. M. It is the intent of the Utilities Department for the design and construction of the Design/Build expansion of the West WTP to achieve substantial completion on or about May, 2006 followed by startup, acceptance testing and final acceptance not later than July, 2006. The initial operation period will follow from July, 2006 through January, 2007. All dates are subject to change. Section 2 - Project Background and Scope of Services A. Background The City has identified the need to expand their water treatment capacity to meet projected demands, due to build-out of the City, through approximately 2010. To meet this need, the City is planning an expansion of the West WTP nanofiltration facility from its current permeate capacity of approximately 8.36 mgd. The proposed expansion of 8 mgd will increase the permeate capacity to approximately 16.36 mgd. THE EXISTING PRODUCTION CAPACITY OF THE WEST WTP SHALL NOT BE IMPACTED BY THIS PROJECT DURING CONSTRUCTION. The City has elected to implement the required expansion of the West WTP through a design/build project delivery method. Camp Dresser & McKee Inc. (CDM) will serve as the City's Design Criteria Professional for this project. B. The Goal The City's goal is to obtain qualification submittals from Respondents for evaluation and to determine those best qualified to bid on a subsequent Design/Build project for the expansion of the membrane softening West WTP for the Utilities Department. Respondents are invited to submit a Letter of Interest for the Scope of Services, along with the required documentation described in this RFQ package. The City will establish an Evaluation Committee to develop a ranking of Qualified Respondents that will be submitted to the City Commission for approval. The Evaluation Committee will then conduct a MANDATORY open forum meeting, discussion and official tour of the West WTP with the Commission approved, Qualified Respondents regarding the subsequent Design/Build project. Even though the meeting is mandatory, participation in the open forum discussion will be at the discretion of the Qualified Respondents. After the mandatory open forum meeting, the Utilities Department may modify the technical requirements based upon the input provided during the meeting. A Design/Build invitation to bid will be issued to the approved Qualified Respondents only. Procedures for the issuance of the Design/Build bid will follow the established policies approved by the City attorney's office, Procurement Services and according to Florida State Statues. A Qualified Respondent (bidder) will be recommended to the City Commission for approval and award of a Contract for the Design/Build project. At time of bid award, the City reserves the right to award the Contract for the work described by the bid specifications to produce the cost most favorable to the City. The low monetary bid will NOT in all cases be awarded the Contract. The Contract will be awarded by the City to the most responsive, responsible Qualified Respondent bidder whose bid represents the most advantageous bid to the City, price and other factors considered. C. West Water Treatment Plant Description The West WTP is located at 5469 West Boynton Beach Boulevard, west of Military Trail. The nanofiltration (NF), or membrane softening process, is used at the West WTP to both soften the water and reduce dissolved organic carbon content (disinfection by-product precursors and color). Membrane treatment capacity of the West WTP is 8.36 mgd, with up to an additional 1.3 mgd permitted for pre-filtered raw water blending, for a total finished water production capacity of 9.6 mgd. The existing treatment processes are as follows: 1. Pretreatment with Sulfuric Acid 2. Cartridge Filtration: 5 housings, 2.2 mgd capacity per vessel 3. Membrane Feed Pumps: 4 pumps, design capacity of2,180 gpm each 4. Membrane Treatment: 6 (two stage) trains with 8.3 mgd permeate capacity, 85% permeate recovery 5. Pretreatment Raw Water/Permeate Degasification.' 2 degasifiers, 4.4 mgd capacity each, 1 odor control scrubber with 25,000 scfm capacity 6. Product Transfer Pumps: 3 pumps; capacity of pumps 1 and 2 - 3,550 gpm; capacity of pump 3 - 3,400 gpm 7. Finish Water Conditioning by Adding: Sodium Hydroxide Ammonia Fluoride Chloride Corrosion Inhibitor D. Raw Water Quality The water supply for the West WTP is the surficial aquifer. The water from the local surficial aquifer exhibits relatively high total hardness and color, but has relatively low chloride and sodium concentrations (salinity). The most recent summary of typical raw water quality is provided in Appendix "B", Exhibit "1". E. Scope of Services Currently, we anticipate the project will include, but will not be limited to the elements set forth below. The subsequent Design/Build bid will describe the project in greater detail, and the description below is preliminary and subject to change. 1. In general, the project consists of the design, construction, and starmp for the expansion of the existing City of Boynton Beach West WTP from a permeate production capacity of 8.36 mgd to 16.36 mgd. The membrane system is anticipated to be similar to the existing system and will be used to treat surficial groundwater commonly known as the Turnpike aquifer, at a recovery rate of 85 percent. 2. The unit processes to be expanded or modified include, but are not limited to cartridge filtration, membrane feed pumping, membrane nanofiltration treatment trains, degasification, off-gas scrubbing system, product transfer pumping, high service pumping and miscellaneous chemical storage and/or feed systems (sulfuric acid, sodium hydroxide, corrosion inhibitor, fluoride and ammonia). 3. New sand strainers are to be added for pretreatment of the raw water. 4. A new concrete block/stucco structure will be added to house the additional cartridge filters, membrane trains, membrane train feed pumps and electrical equipment. 5. A new clearwell will be added to house the new degasification system, transfer pump system and off-gas scrubbing system. 6. A new three (3) million gallon ground storage tank will be added to increase finished water storage capacity. 7. Modification or tie-in to the existing deep injection well for concentrate disposal will be required. 8. New low pressure reverse osmosis treatment train to treat the rejected water (concentrate). 9. Project will also include modifications to associated site civil, stormwater, drainage, site piping, electrical, instrumentation and control and control system programming required for a complete installation. 10. Design and construction shall comply with the regulatory conditions of the following: a. Palm Beach County Public Health Department b. Palm Beach Department of Environmental Resource Management c. Palm Beach County Fire Department d. Palm Beach County Building Department e. South Florida Water Management District f. Florida Department of Environmental Protection g. U.S. Environmental Protection Agency h. Boynton Beach Utilities Department 11. Both construction and system operating noise shall be mitigated to conform to the applicable local regulations. 12. Architecture, landscaping and other project components related to the overall aesthetics will be subjected to approval by the City of Boynton Beach and Palm Beach County. 13. THE EXISTING PRODUCTION CAPACITY OF THE WEST WTP SHALL NOT BE IMPACTED BY THIS PROJECT DURING CONSTRUCTION. Construction shall not interfere with the operation of the plant. A planned shutdown of existing equipment shall only be allowed by submitting a written request from the successful Respondent to the Sr. Project Manager for his approval. 14. Successful Respondent shall provide six (6) months of on-site initial operations. Section 3 - Selection Criteria and Technical Submittal Information A. Request for Qualifications Requirements It is the intent of the Utilities Department that the City will contract directly with a single entity (Contractor/Constructor) for the subsequent Design/Build bid. The entity will be the single point of contact and have direct contractual responsibility for all design, construction, quality control, and startup services necessary to successfully complete the construction, startup, acceptance testing and initial operation of the West WTP expansion. The City staff will review and evaluate all RFQ responses from Respondents. A sequential ranking of all Respondents will be developed and advanced to the City Commission. The ranking shall be based upon the following criteria and Respondents shall provide, as a minimum, the information listed under each criterion. Failure to provide adequate information listed on any criterion may result in a low ranking or rejection of the submittal as non-responsive. Specifically, criteria for selection will be based upon demonstrable experience in areas described in the Scope of Services. A sample of the Weighting Score Sheet to be used by the Evaluation Committee members to score the Respondents is contained in Appendix "B", Exhibit "3". A Respondent may be comprised of one (1) or more firms, companies, and/or individuals; however, to be deemed a Qualified Respondent, the Respondent must demonstrate that it has the following team components: · A qualified constructor- Constructor Member; · A qualified design engineer - Design Member; and · A qualified membrane system supplier or suppliers - Membrane System Supplier(s) All key component firms, companies or individuals (e.g. those performing the construction, the design and the supplier of the membrane technology) shall have an exclusive relationship to the Respondent for the purposes of this project (e.g. no firm, company, or individual shall be part of more than one (1) Respondent team competing for this project). The preceding sentence shall not apply to the Membrane System Supplier if more than one (1) such submitted Membrane System Supplier is deemed qualified. Once a Respondent has been deemed to be a Qualified Respondent, the above key component firms, companies or individuals (e.g., those supplying the membrane technology and those performing the design and construction functions) shall not be changed unless the prior written approval of the Sr. Project Manger is obtained by the Qualified Respondent. Proposed substitutes must meet the qualifications criteria stated in this RFQ. Prior to granting such approval, the Respondent must submit the qualifications of the new firm, company or individual in reasonable detail to the Sr. Project Manager for evaluation based upon the criteria contained in this RFQ. If a Qualified Respondent is unable to replace the firm, company or individual with one that is qualified, Respondent may be disqualified by the City and may drop such Respondent from further consideration and participation in the procurement process. The original and each of the nine (9) submittal copies shall be secured in a individual tabbed booklet with a table of contents. Only font size twelve (12) will be accepted with the exception of information entered on the Summary Table of Project Experience. The Summary Table of Project Experience may be duplicated and reproduced in an 11" X 17" format to facilitate data entry, using a font size no smaller than eight (8). Submittal will be printed on one side of the paper only. Booklets shall be no larger than a 1 ½" three-ting binder, or equivalent, and be presented in the following order: ORDER OF SUBMITTAL Table of Contents Chapter 1 - Letter of Interest from Respondent Chapter 2 - Qualifications of Respondent Part 1 - Respondent Part 2 - Constructor Member Part 3 - Design Member Part 4 - Membrane System Supplier Member Chapter 3 - Financial Capability of Respondent Part 1 - Respondent/Bonding Capacity Part 2 - Constructor Member Part 3 - Design Member Part 4 - Membrane System Supplier Member Chapter 4 - Contact Person for Respondent Chapter 5 - Qualifications of Respondent Team/Project Experience Part 1 - Constructor Member Part 2 - Design Member Part 3 - Membrane System Supplier(s) Chapter 6 - Executed Required Forms B. Technical Submittal Information 1. Letter of Interest The Letter of Interest shall be prepared on the letterhead of the firm that would execute the Contract with the City and be signed by a representative of such firm who is empowered to enter into contracts for at least $20 million. The Letter of Interest is intended to introduce the Respondent to the City and it should contain at least the following information: a. A statement that said firm is the Respondent to the City's RFQ. b. A statement that the Respondent is prepared to meet the Utilities Department's proposed schedule detailed in Section 1, Paragraph M. c. A statement that the Respondent team meets the minimum qualifications criteria set forth in Section 3, Technical Submittal Information, Paragraphs B2, B3, B4, and B5 of this RFQ. 2. Qualifications of Respondent At a minimum, the Respondent Qualifications should contain the following information to demonstrate their ability to perform the Scope of Services. a. Name, corporate headquarters and address of the Respondent. b. Description of Respondent team. i) Clearly state which entity will act in the following capacity: Respondent who would execute the Contract for the subsequent Design/Build bid with the City · Constructor Member who will provide the construction services · Design Member who will provide the construction services · Membrane System Supplier who will supply and install membranes c. Detailed information regarding the legal structure and organization (corporation, joint venture, subcontractors) of the above Respondent team members, including all legal contractual relationships between the individuals and/or entities. d. Description of when and where Respondent team was organized or incorporated and examples of major current and past membrane water treatment facilities constructed by the Respondent team. e. Detailed information on each of the firms regarding parent companies, affiliates and subsidiaries that would assist in performing the Scope of Services. f. A short business history of the Constructor Member, Design Member and the Membrane System Supplier. g. Has Constructor Member, Design Member or Membrane System Supplier ever defaulted on a contract (individually or as a team)? If so, explain where and why. 10 h. Resumes of key project members of Constructor Member, Design Member, and a technological background of Membrane System Supplier's firm. i. The general and specific capabilities and experience of the Respondent team that will benefit the Utilities Department. j. Respondent shall properly execute Qualification Form 1-Affidavit From Respondent and all other required documents located in Appendix "A". (Qualification Forms 2, 3, and 4 will be affidavits executed by Contractor Member, Design Member and Membrane System Supplier Member respectively) 3. Financial Capability of Respondent a. Demonstration that said Respondent, or any affiliates of the companies comprising said Respondent, has not filed for bankruptcy within the previous ten (10) years. b. A list of all lawsuits in which the Respondent, or any affiliates of the companies comprising said Respondent, has been named as a party in the past four (4) years. c. At a minimum, provide two (2) bank references and any other information Respondent, or any affiliates of the companies comprising said Respondent, may choose to supply to further verify their financial responsibility. d. The Respondent must demonstrate, to the satisfaction of the Utilities Department, evidence of its ability to obtain either a Public Construction Bond or a Letter of credit as follows: i) A Public Construction Bond equal to $20 million from a surety company of recognized standing authorized to do business in the State of Florida and having a resident agent in the same county as the project, as security for faithful performance of the Contract and for payment of all persons performing labor or furnishing materials in connection with the subsequent Design/Build bid; OR ii) A Letter of Credit equal to $20 million prepared according to City of Boynton Beach Code of Ordinances, Part III, Land Development Regulations, Chapter 7, Surety (contained in Appendix "B") and approved by the City and authorized to transact business in the State of Florida where the project is located, as security for faithful performance of the Contract and for payment of all persons performing labor or furnishing materials in connection with the subsequent Design/Build bid. 11 4. Contact Person for Respondent A contact person shall be designated as a single point of contact by the Respondent, the Utilities Department will not be concerned with lines of communication within the Respondent organization. a. Provide the name, address, telephone number, cell/mobile number, FAX number and e-mail address for the designated contact person. b. All communications to the City shall be through the Sr. Project Manager, Paul M. Fleming, and no other channels of communication will be recognized or responded to. 5. Qualifications of the Respondent Team - Project Experience The Respondent Team must demonstrate that it meets each of the following minimum criteria qualifications: a. Constructor Member must meet the following minimum experience requirements: i. Served as the Constructor in three (3) completed construction projects, within the last five (5) years, of not less than $5 million (each) in total project costs for a potable water treatment plant, wastewater treatment plant, or plant expansion. At least one (1) project must have been a design/build project. Any experience in a nanofiltration treatment plant or low pressure reverse osmosis (LPRO) treatment plant for potable water should be noted. ii. At least one (1) plant listed above having been successfully operated and maintained through the one-year warranty period. iii. Provide the size and types of process equipment used, the owners name, location and a reference (name, title, owner's address, telephone number) for the individual projects. Where possible, Florida experience should be presented. iv. Complete Summary Table of Applicable Experience-Constructor Member to verify qualifications required in Section 3, B-5a. listed above. Summary Table is located in Appendix "A". v. Provide a copy of current Florida general contractor's license. vi. Must complete and properly execute Qualifications Form 2, Affidavit fi.om Constructor Member located in Appendix "A". 12 b. Design Member must meet the following minimum experience requirements: i. Served as the Design Engineer in three (3) completed construction projects, within the last five (5) years, of not less than $5 million (each) in total project costs for a potable water treatment plant or plant expansion. At least one (1) project must have been a design/build project and at least one (1) project must have been a nanofiltration treatment plant or a low pressure reverse osmosis (LPRO) treatment plant, not less than 2 mgd capacity using two (2) or more skids. All projects listed shall be in full operation. ii. Provide the size and types of equipment used, the owners name, location and a reference (name, title, owner's address, telephone number) for the individual projects. Where possible, Florida experience should be presented. iii. Complete Summary Table of Applicable Experience - Design Member to verify qualifications required in Section 3, B-Sb.listed above. Summary Table is located in Appendix "A". iv. Provide a copy of a current Florida professional engineer's license. v. Must complete and properly execute Qualifications Form 3, Affidavit from Design Member located in Appendix "A". c. Membrane System Supplier must meet the following minimum experience requirements: vi. Supplier must have completed a minimum of three (3) installations, within the last five (5) years, having at least two (2) skids each, with a minimum capacity of 2 mgd that have operated for at least three (3) years. At least one (1) project must have been a design/build project. vii. If more than one (1) Membrane System Supplier is being proposed by the Respondent, each Membrane System Supplier must meet the preceding qualifications criteria in order to be considered. viii. Provide the brand name and/or manufacturer of membranes used on installations. ix. Complete Summary Table of Applicable Experience - Membrane System Supplier to verify qualifications required in Section 3, B-5c. listed above. Summary Table is located in Appendix "A". x. Must complete and properly execute Qualifications Form 4, Affidavit from Membrane System Supplier located in Appendix "A". 13 Section 4 - General Information A. The following items are attached with the RFQ in Appendix "A" and must be completed and submitted with any RFQ response in order for response to be considered complete and acceptable, unless noted otherwise (e.g. Confirmation of Minority Owned Business form). 1. Qualifications Form 1 - Affidavit from Respondent 2. Qualifications Form 2 - Affidavit from Constructor Member 3. Qualifications Form 3 - Affidavit from Design Member 4. Qualifications Form 4 - Affidavit from Membrane System Supplier Member 5. Summary Table of Project Experience a. Constructor Member b. Design Member c. Membrane System Supplier Member 6. Anti-Kickback Affidavit (one for each team member) 7. Minority Owned Business (one for each team member) 8. Confirmation of Drug-Free Workplace (one for each team member) 9. Schedule of Sub-Contractors (one for each team member) 10. Statement of Non-Submittal (if applicable, completed by Respondent) B. Thc following documents are included in Appendix "1~" for informational purposes: ~ 1. Exhibit "1" - Water Quality Report 2. Exhibit "2" - City of Boynton Beach Code of Ordinance, Letters of Credit 3. Exhibit "3" - Weighting Score Sheet 14 Respondents shall submit one (1) original, so marked, and nine (9) copies of the RFQ response in a sealed package to the City of Boynton Beach, Procurement Services, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435 - OR - P. O. Box 310, Boynton Beach, Florida 33425-0310. C. PURSUANT TO THE PROVISIONS OF F.S. 287.055, KNOWN AS THE "CONSULTANTS COMPETITIVE NEGOTIATIONS ACT" 1. The City staff will review and evaluate all RFQ responses from Respondents. A sequential ranking of all Respondents will be developed and advanced to the City Commission. 2. The list of all ranked Respondents will be presented to the City Commission who may, at their option, request formal presentations prior to the final selection of Qualified Respondents who will receive an invitation to submit a proposal on the subsequent Design/Build bid for the expansion of the membrane softening West WTP. Reviews will be conducted pursuant to the provisions of the Sunshine Law and F.S. 287.055, known as the "Consultants' Competitive Negotiations Act". D. When the final selection of Qualified Respondents has been approved by the City Commission, the Evaluation Committee will conduct a MANDATORY open forum meeting, discussion and official tour of the West WTP. The meeting will be mandatory; however, participation in the open forum discussion regarding the subsequent Design/Build project will be at the discretion of the Qualified Respondents. E. The Utilities Department may modify the technical requirements for the West WTP expansion project based upon the input provided during the open forum meeting. The subsequent Design/Build bid will be issued to the Qualified Respondents only. F. Each Respondent, by submission of an RFQ response, acknowledges that in the event of any legal action challenging the award of the project, damages, if any, shall be limited to the - actual cost of the preparation of the RFQ. G. Each Respondent is deemed to have knowledge of all applicable federal, state and local laws, rules, ordinances and regulations of all authorities having jurisdiction over all aspects of the project. 15 GENERAL CONDITIONS FOR RESPONDENTS FAMILIARITY WITH LAWS: The Respondent is assumed to be familiar with all Federal, State and Local laws, ordinances, rules and regulations that in any manner affect the equipment. Ignorance on the part of the Respondent will in no way relieve them from responsibility. RFQ FORMS: The Respondent will submit an RFQ on the forms provided. All descriptive information must be legibly entered. The Respondent IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. (will be in notebook binder). The RFQ submittal shall contain the company's name and address, RFQ title, number, RFQ date and time on the front of the submittal package. RFQ's not submitted with proper identification on the front of the transmittal package may be subject to rejection. All RFQ's are subject to the conditions specified herein. EXECUTION OF RFQ: RFQ must contain a manual signature of an authorized representative in the space provided on all affidavits and RFQ sheets. NO SUBMITTAL: If not submitting an RFQ to this request, respond by returning one copy of the "STATEMENT OF NO SUBMITTAL" in an envelope properly identified to the RFQ title, and RFQ number,, and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the vendor's name from the mailing list. NOTE: To qualify as a respondent, Respondent must submit a "NO SUBMITTAL" and it must be received no later than the stated RFQ receiving date and hour. RFQ OPENING: Shall be public, on the date as specified on the RFQ form. It is the Respondents responsibility to assure that the RFQ is delivered at the proper time and place prior to the RFQ opening. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that an RFQ can be considered. RFQ's which for any reason are not so delivered, will not be considered. The City reserves the right to consider RFQ's that have been determined by the City to be received late due to mishandling by the City after receipt of the RFQ and no award has been made. Offers by telegram or telephone are not acceptable. RIGHT TO REJECT RFQ: Right is reserved to reject any or all RFQ's and to waive technical errors, or to accept any RFQ's that are in part deemed as the best responsible Respondent which represents the most advantageous RFQ to the City. In determining the "most advantageous RFQ", price, quantifiable factors, and other factors are considered. This would include specifications, delivery requirements, the initial purchase price, life expectancy, cost of maintenance and operation, operating efficiency, training requirements, disposal value and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but not necessarily limited to conformity to the specifications, including timely delivery, product warranty, a Respondent's proposed service, ability to supply and provide service, delivery to required schedules and past performances in other Contracts with the City or other government entities. 16 RIGHTS OF THE CITY: The City expressly reserves the fight to: A. Waive as an informality, minor deviations from specifications at a lower price than the best responsible Respondent meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity or informality in any RFQ or qualifying procedure; C. Reject or cancel any or all RFQ's; D. Reissue Request For Qualifications Invitation; E. Extend the RFQ opening time and date; F. Consider and accept an alternate RFQ as provided herein when most advantageous to the City. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective Respondent has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain them, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performances; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry conceming responsibility. INFORMATION AND DESCRIPTIVE LITERATURE: Respondents must furnish all information requested in the spaces provided on the RFQ form. Further, as may be specified elsewhere, each Respondent must submit for RFQ evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous RFQ or on file with the buyer will not satisfy this provision. INTERPRETATIONS: Any questions conceming conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the RFQ opening. Inquiries must reference the date by which the RFQ is to be received. 17 CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. SUBCONTRACTING: If a Respondent subcontracts any portion of a Contract for any reason, they must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all RFQ's wherein a subcontractor is named and to make the award to the Respondent, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the fight to reject the RFQ of any Respondent if the RFQ names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all fights in order to make a determination as to the foregoing. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Respondents at the Office of Procurement Services, it is each Respondent's responsibility to check with the issuing office and immediately secure all addenda before submitting RFQ's. It is the usual practice for the City to mail an addendum to known Respondents, but it cannot be guaranteed that all Respondents will receive ALL addendum(s) in this manner. Each Respondent shall acknowledge receipt of ALL addenda by notation on the RFQ. ESCALATOR CLAUSE: Any RFQ which is submitted subject to an escalator clause will be rejected. EXCEPTIONS: Incorporation in an RFQ of exceptions to any portion(s), of the Contract documents may invalidate the RFQ. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the Respondent's RFQ on a separate sheet marked "EXCEPTIONS TO TI-IE SPECIFICATIONS" and this sheet shall be attached to the RFQ. The use of Respondent's standard forms, or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. ANTITRUST CAUSE OF ACTION: In submitting an RFQ to the City of Boynton Beach, the respondent offers and agrees that if the RFQ is accepted, the respondent will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the respondent. 18 GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this RFQ prior to their delivery, it shall be the responsibility of the successful Respondent to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the fight to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Respondent will in no way be a cause for relief from responsibility. ON PUBLIC ENTITY CRIMES - All Request for Qualifications Invitations as defined by Section 287.012(11), Florida Statutes, Requests for Qualifications as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit an RFQ on a contract or provide any goods or services to a public entity, may not submit an RFQ on a contract with a public' entity for the construction or repair of a public building or public work, may not submit RFQ's on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". ADVERTISING: In submitting an RFQ, the Respondent agrees not to use the results therefrom as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE TO CONTRACT CONDITIONS". ASSIGNMENT: The Respondent may not assign services of Respondent team members except with the prior written approval of the City. LIABILITY: The supplier hold and save the City of Boynton Beach, Florida its officers, agents, volunteers and employees harmless from liability of any kind in the performance of this Contract. QUESTIONS: Any questions relative to any item(s) or portion of this Request for Qualifications (RFQ) shall be directed to: Paul M. Fleming~ Sr. Proieet Manager~ Utilities Adnfinistrafion~ {561) 742-6487~ from 8:00 a.m. to 5:00 p.m. 19 SPECIAL CONDITIONS FOR RESPONDENTS 1. It will be the responsibility of the successful Respondent to supply necessary labor for completion of services as specified. 2. The City by written notice, may terminate in whole or in part any Contract resulting from the invitation, when such action is in the best interest of the City. If the Contract(s) are so terminated the City shall be liable for only payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. 3. It shall be the responsibility of the successful Respondent to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any of his personnel are working on City of Boynton Beach property. Loss by fire or any other cause shall be the responsibility of the vendor until such time as the items and/or work has been accepted by the City. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. 4. The City of Boynton Beach reserves the right, before awarding the Contract to require a Respondent to submit such evidence of qualifications as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a Respondent, including past performance (experience) with the City in making the award in the best interest of the City. 5. The successful Respondent shall at all times guard from damage or loss of property of the City or of other vendors or Contractors and shall replace repair any loss or damage unless such has been proven to have been caused by the City, other vendors or Contractors. The City may withhold payment or make such deductions as it may deem necessary to insure reimbursement for loss or damage to property through negligence of the successful Respondent or his agent. 20 ATTACHMENT "A" City of Boynton Beach Risk Management Division INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: ~ln insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $1,000,000.00 Liquor Liability Each Occurrence $1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Opemtinns Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal Garage Liability Auto Only, Each Accident $1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $1,000,000.00 Aggregate $ 1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Other - As Risk Identified to be determined IN SURANCEADVISORYFORM04 Revised 10/2001 21 APPENDIX "/I" THE DOCUMENTS BEHIND THIS PA GE MUST ACCOMPANY RESPONSE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 1 of 2 Qualifications Form 1 QUALIFICATIONS FORM 1 AFFIDAVIT FROM RESPONDENT STATE OF FLORIDA THE CITY OF BOYNTON BEACH BEFORE ME, the undersigned authority, personally came and appeared , who at~er being by me duly sworn, deposed and said that he is a fully authorized representative of (hereinafter referred to as "Respondent") the party who has prepared the submittal for the Request for Qualifications for the design, construction and acceptance testing of a membrane softening West Water Treatment Plant (West WTP) facility for the City Of Boynton Beach ("City"), which Request for Qualifications will be received by the City in Procurement Services on or by NOVEMBER 18, 2003, No Later Than 2:30 P.M. (local time), and said affiant further stated: 1. That Respondent employed no person, corporation, firm, association, or other organization, ("person") either directly or indirectly, to secure the public contract under which he received payment, other than persons regularly employed by the Respondent whose services in connection with the project or in securing the public contract were in the regular course of their duties for Respondent; and 2. That if the Respondent is awarded the contract for the subsequent Design/Build bid for the expansion of the West WTP, that no part of the price to be received by the Respondent was or will be paid to any person, corporation, firm, association, or other organization for soliciting the contract, other than the payment of their normal compensation to persons regularly employed by the Respondent whose services in connection with the project were in the regular course of their duties for Respondent. 3. Said Request for Qualifications is genuine and the Respondent has not colluded, conspired, or agreed directly or indirectly with any other Respondent to offer a sham or - collusive Request for Qualifications. I understand that collusive bidding and all similar activity is a violation of city, state, and federal law, and can result in fines, prison sentences and civil damages. I agree to abide by all conditions of this procurement and our Request for Qualifications, and certify that I am authorized to sign for this Respondent. 22 THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDRED COMPLETE AND ACCEPTABLE Page 2 of 2 Qualifications Form 1 4. Said Respondent has not in any manner directly or indirectly agreed with any other persons to fix the proposal price of affiant or any other Respondent, or to fix any overhead profit or cost element of said proposal price, or that of any other Respondent, or to induce any other person to refrain from proposing. 5. Said Request for Qualifications is not intended to secure an unfair advantage of benefit from the City or in favor of any person interested in the proposed contract. 6. All statements contained in said Request for Qualifications are true, correct and complete. 7. Said Respondent hereby certifies that no officer of the companies comprising the Respondent, or any affiliates of the companies comprising the Respondent, has been convicted of fraud by the federal government or by any government entity in Florida or any other state within the last ten (10) years. 8. Said Respondent hereby certifies that the Respondent, or any affiliates of the companies comprising said Respondent, have not filed for bankruptcy within the previous ten (10) years. 9. Neither affiant nor any member of his company has divulged information regarding said Request for Qualifications or any data relative thereto to any other person, firm, or corporation, except to those persons, finns or corporations that comprise the Respondents team as set forth in the Request for Qualifications. 10. Said Respondent hereby certifies the truth and accuracy of the above statements under the pains and penalties of perjury. (Name of Firm) (Signature of Respondent) (Printed Name And Title) SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF ., 2003 (SEAL) NOTARY PUBLIC, STATE OF FLORIDA 23 THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDRED COMPLETE AND ACCEPTABLE Page 1 of 1 Qualifications Form 2 QUALIFICATIONS FORM 2 AFFIDAVIT FROM CONSTRUCTOR MEMBER STATE OF FLORIDA THE CITY OF BOYNTON BEACH BEFORE ME, the undersigned authority, personally came and appeared ., who after being by me duly sworn, deposed and said that he is fully authorized representative of (hereinafter referred to as "Constructor Member") and said affiant stated: 1. The Constructor Member is familiar with (hereinafter referred to as "Respondent"), the party who has prepared the Request for Qualifications for the design, construction and acceptance testing of a membrane softening West Water Treatment Plant (West WTP) facility for the City Of Boynton Beach ("City"), which Request for Qualifications will be received by the City in Procurement Services on or by NOVEMBER 18~ 2003~ No Later Than 2:30 P.M. (local time). 2. The Constructor Member has read the Request for Qualifications' sections which refer to the Constructor Member and: (i) certifies that such statements are true and correct; and (ii) consents to the use of such statements in the Request for Qualifications. 3. The Constructor Member and the Respondent have agreed that: (i) if the Respondent is deemed a Qualified Respondent, the Constructor Member will assist the Respondent in preparing the Proposal; and (ii) if the Respondent is selected to design, construct, operate and maintain the West WTP, the Constructor Member will be the general construction contractor for the construction of the Facility. 4. The Constructor Member hereby certifies the truth and accuracy of the above statements under the pains and penalties of perjury. (Name of Firm) (Signature of Constructor Member) (Printed Name And Title) SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF ,2003 (SEAL) NOTARY PUBLIC, STATE OF FLORIDA THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER 24 FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 1 of 1 Qualifications Form 3 QUALIFICATIONS FORM 3 AFFIDAVIT FROM DESIGN MEMBER STATE OF FLORIDA THE CITY OF BOYNTON BEACH BEFORE ME, the undersigned authority, personally came and appeared ., who after being by me duly sworn, deposed and said that he is fully authorized representative of (hereinafter referred to as "Design Member") and said affiant stated that: 1. The Design Member is familiar with (hereinafter referred to as "Respondent"), the party who has prepared the Request for Qualifications for the design, construction and acceptance testing of a membrane softening West Water Treatment Plant (West WTP) facility for the City Of Boynton Beach ("City"), which Request for Qualifications will be received by the City in Procurement Services on or by NOVEMBER 18, 2003, No Later Than 2:30 P.M. (local time). 2. The Design Member has read the Request for Qualifications sections which refer to the Design Member and: (i) certifies that such statements are tree and correct; and (ii) consents to the use of such statements in the Request for Qualifications. 3. The Design Member and the Respondent have agreed that: (i) if the Respondent is deemed a Qualified Respondent, the Design Member will assist the Respondent in preparing the Proposal; and (ii) if the Respondent is selected to design, construct, operate and maintain the West WTP, the Design Member will be the design engineer during the design and construction of the Facility. The Design Member hereby certifies the truth and accuracy of the above statements under the pains and penalties of perjury. (Name of Firm) (Signature of Design Member) (Primed.Name And Title) SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF ,2003 (SEAL) NOTARY PUBLIC, STATE OF FLORIDA THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER 25 FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 1 of 1 Qualifications Form 4 QUALIFICATIONS FORM 4 AFFIDAVIT FROM MEMBRANE SYSTEM SUPPLIER STATE OF FLORIDA THE CITY OF BOYNTON BEACH BEFORE ME, the undersigned authority, personally came and appeared , who after being by me duly sworn, deposed and said that he is fully authorized representative of (hereinafter referred to as "Membrane System Supplier") and said affiant stated: 1. The Membrane System Supplier is familiar with (hereinafter referred to as "Respondent"), the party who has prepared the Request for Qualifications for the design, construction and acceptance testing of a membrane softening West Water Treatment Plant (West WTP) facility for the City Of Boynton Beach ("City"), which Request for Qualifications will be received by the City in Procurement Services on or by NOVEMBER 18~ 2003, No Later Than 2:30 P.M. {local time) 2. The Membrane System Supplier has read the Request for Qualifications sections which refer to the Membrane System Supplier and: (i) certifies that such statements are true and correct; and (ii) consents to the use of such statements in the Request for Qualifications. 3. The Membrane System Supplier and the Respondent have agreed that: (i) if the Respondent is deemed a Qualified Respondent, the Membrane System Supplier will assist the Respondent in preparing the Proposal; and (ii) if the Respondent is selected to design and construct, operate and maintain the West WTP, the Membrane System Supplier will supply the membrane technology to be installed in the Facility. 4. The Membrane System Supplier hereby certifies the truth and accuracy of the above statements under the pains and penalties of perjury. (Name of Firm) (Name of Title of Membrane System Supplier) (Printed Name And Title) SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF ,2003 (SEAL) )TARY PUBLIC, STATE OF FLORIDA THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER 26 FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ANTI-KICKBACK AFFIDAVIT (RESPONDENT, IF APPLICABLE) STATE OF FLORIDA ) · SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of girl, directly or indirectly by me or any member of my finn or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of , 20 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida dt Large COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 30 ANTI-KICKBACK AFFIDAVIT (CONSTRUCTOR MEMBER) STATE OF FLORIDA ) · SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of girl, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME - SIGNATURE Swom and subscribed before me this day of , 20 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large ~ COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 31 ANTI-KICKBACK AFFIDAVIT (DESIGN MEMBER) STATE OF FLORIDA ) · SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of girl, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of , 20 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida ~it Large COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 32 ANTI-KICKBACK AFFIDAVIT (MEMBRANE SYSTEM SUPPLIER MEMBER) STATE OF FLORIDA ) · SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of girl, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me This day of , 20 __ Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 33 CONFIRMATION OF MINORITY OWNED BUSINESS (RESPONDENT, IF APPLICABLE) A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your submittal sheet making it an official part of your RFQ response. ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE 34 CONFIRMATION OF MINORITY OWNED BUSINESS (CONSTRUCTOR MEMBER) A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your proposal sheet making it an official part of your RFQ response. ( ) AME~CAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO If YES, name the Organization fi.om which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE 35 CONFIRMATION OF MINORITY OWNED BUSINESS (DESIGN MEMBER) A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your proposal sheet making it an official part of your RFQ response. ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO If YES, name the Organization fi.om which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG YVITH RESPONSE 36 CONFIRMATION OF MINORITY OWNED BUSINESS (MEMBRANE SYSTEM SUPPLIER MEMBER) A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your proposal sheet making it an official part of your RFQ response. ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE 37 CONFIRMATION OF DRUG-FREE WORKPLACE (RESPONDENT, IF APPLICABLE) IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or - rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor's Signature THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR 38 PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CONFIRMATION OF DRUG-FREE WORKPLACE (CONSTRUCTOR MEMBER) IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: 7) Publish a statement' notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 8) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 9) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 10)In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 11) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or - rehabilitation program if such is available in the employee's community by, any employee who is so convicted. '12)Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor's Signature THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR 39 PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CONFIRMATION OF DRUG-FREE WORKPLACE (DESIGN MEMBER) IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-flee workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: 13)Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 14) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 15) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 16) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. ~7) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 18)Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor's Signature THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR 40 PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CONFIRMATION OF DRUG-FREE WORKPLACE (MEMBRANE SYSTEM SUPPLIER MEMBER) IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: 19)Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 20) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 21) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 22)In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days aRer such conviction. 23) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 24)Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor' s Signature THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR 41 PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE MANDATORY RESPONDENT'S SITE INSPECTION CONFIRMATION BID TITLE: RFQ FOR DESING/BUILD SERVICES FOR THE EXPANSION OF THE WEST WATER TREATMENT PLANT BID NUMBER: 007-2821-04/CJD DATE: as an authorized representative of: (Name and Title of Representative) (hereinafter called the bidder) located at (Name of Company) and that said Company Address bidder has visited the site of the work and has carefully examined the plans and specifications for said project and checked them in detail before submitting his bid or proposal. AUTHORIZED COMPANY DATE OF INSPECTION REPRESENTATIVE CITY OF BOYNTON BEACH, AUTHORIZED REPRESENTATWE THIS PAGE TO BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR 46 PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE STATEMENT OF NO SUBMITTAL If you are not submitting an RFQ for this project, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of vendor's name from the qualified vendor's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to respond to your RFQ #007-2821-04/CJD for DESIGN/BUILD SERVICES FOR THE EXPANSION OF THE WEST WATER TREATMENT PLANT because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: IF YOU ARE NOT SUBMITTING A BID, PLEASE COMPLETE FORM 47 AND RETURN TO PROCUREMENT SERVICES APPENDIX "B " THE DOCUMENTS BEHIND THIS PAGE ARE FOR INFORMATIONAL PURPOSES ONLY Exhibit "1" City of Boynton Beach West Water Treatment Plant Existing Water Quality PARAMETERS Units MCL Raw Water Quality (Av~l) pH pH Units 6.5-8.5 7.3 Total Hardness mg/L as CaCO3 - 253 Calcium Hardness mg/L as CaCO3 249 Magnesium Hardness mg/L as CaCO3 4 Alkalinity mg/L as CaCO3 237 Hydrogen Sulfide mg/L 0,75 Ammonia mg/L 0.6 Color Color Units. 15 48 Odor TON 0,2 3 Turbidity NTU 0.32 Total Dissolved Solids mg/L 500 338 Aluminum mg/L 0.2 0.12 Chloride mg/L 250 38 Copper mg/L 1 0.025 Fluoride mg/L 2 0.2 Iron mg/L 0.3 0.04 Manganese mg/L 0.05 1.1 Silver mg/L 0.1 0.001 Sulfate mg/L 250 2.4 Zinc mg/L 5 0.03 Lead mg/L 0,015 0.003 Mercury mg/L 0.002 0.0006 Selenium mg/L 0.05 0.002 Total Cyanide mg/L 0.2 0.01 Nitrate as N mg/L 10 0.15 Nitrite as N mg/L I 0.1 Barium mg/L 2 0.040 Beryllium mg/L 0.004 0.0001 Cadmium mg/L 0.005 0.001 Chromium mg/L 0.1 0.002 Nickel mg/L 0.1 0.01 Sodium mg/L 160 23 Antimony mg/L 0.006 0.0011 Arsenic mg/L 0.05 0.002 Thallium mg/L 0.002 BDL Asbestos MFL 7 NA MCL - Maximum Contaminant Level BDL - Below Detection Limit NA - No Data Available Finished water data based on samples taken between January 1998 and March 2001 Raw water data based on samples taken between September 1998 and April 2001 48 Exhibit "2" CITY OF BOYNTON BEACH CODE OF ORDINANCES PART III, LAND DEVELOPMENT REGULATIONS CHAPTER 7, SURETY POLICY FOR ACCEPTING LETTERS OF CREDIT (SEE ATTACHED ORDINANCE) Rev. 07/30/03 49 Exhibit "2" Section 3. Types of surety. A. LETTERS OF CREDIT 1. The face of the letter of credit must indicate the following: a. The letter of credit is "clean". b. The letter of credit is irrevocable and shall remain enforceable until released by a resolution adopted by the City Commission, or until the letter of credit expires. If the letter of credit provides for an expiration date, said letter of credit shall be automatically renewed for successive periods of one (1) year each unless the issuer of the letter of credit provides the City written notice of its intent to cancel the letter of credit. Said notice must be provided at least ninety (90) days prior to the expiration of the date of the original term or any renewed one (1) year term. Notice to the City that the letter of credit will expire prior to the performance of the obligation guaranteed by the letter of credit shall be deemed a default and shall entitle City to collect on the letter of credit. c. The purpose or project for which the letter of credit is issued. d. The specific amount of the letter of credit, in U.S. Dollars. e. The method of disbursement of draws against the letter of credit. f. The street address where draws against the letter of credit shall be made. g. The letter of credit is enforceable in a court of competent jurisdiction in Palm Beach County, Florida, and is to be interpreted by Florida Law. h. The name and street address of a designated agent within the State of Florida for acceptance of process. 2. At the time of issuance of the letter of credit, and at all times subsequent thereto and so long as the letter of credit is enforceable, the issuing financial institution must have a minimum "peer group" rating of fifty (50) - in the latest Sheshunoff Quarterly Listing or a minimum rating of one hundred twenty-five (125) in the latest IDC Bank Financial Quarterly Listing. The City Finance Department shall periodically verify this information. 3. At any time during the life of the letter of credit, should the rating of the issuing financial institution fall below both of the minimum ratings indicated in Section 2 above, or should the financial institution merge with another financial institution or have a conservator or receiver appointed to supervise or control the operation of its business or become insolvent, the contractor/developer must, within sixty (60) calendar days after notification by the City: Rev. 07/30/03 50 Exhibit "2" a. Replace the existing letter of credit with a replacement letter of credit from a financial institution with either of the minimum ratings as specified in Item 2 above; or b. At the City's option, the letter of credit may be replaced by other surety acceptable to the City in accordance with the City's existing surety policies. 4. Failure to comply with this provision may result in any or all of the following actions by the City: suspension of the contractor/developer's right to pull building permits and schedule inspections; issuance of a stop work order; and/or revocation of the land development permit. These actions shall be in effect until a satisfactory replacement surety is accepted by the City. 5. No letter of credit shall be deemed accepted by the City until accepted by motion or resolution of the City Commission, following review and approval by the City attorney's office for legal sufficiency, and by the Finance Department for the bank's rating. 6. Original letters of credit shall be maintained by the Finance Department and shall be clearly identified as to the project or contract for which it is issued. 7. Letters of credit accepted prior to approval of this article shall continue through the current expiration date of the letter of credit provided however, renewal of these existing letters of credit shall be in accordance with this policy for accepting letters of credit. 8. The financial institution issuing any letter of credit must be authorized to do business in the State of Florida and shall show proof of same upon request of City staff. - B. CASH, CERTIFIED CHECK, CASHIER'S CHECK (Am. Ord. 98-08, § 1,2-2-98; Ord. No. 02-033, § 4, 8-20-02) Rev. 07/30/03 51 IX.-CITY MANAGER'S REPORT CITY OF BOYNTON BEA ITEM B. AGENDA ITEM REQUEST 1 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 [] December 2, 2003 November 17, 2003 (Noon.) [] February 3, 2004 January 19, 2004 (Noon) [] December 16, 2003 December 1,2003 (Noon) [] February 17, 2004 February 2, 2004 (Noon) [] January 6, 2004 December 15, 2003 (Noon) [] March 2, 2004 February 16, 2004 (Noon) [] January 20, 2004 January 5, 2004 (Noon) [] March 16, 2004 March 1,2004 (Noo~ .~,.< [] Administrative [] Legal ~ .mo NATURE OF [] Announcement [] New Business AGENDAITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfmished Business RECOMMENDATION: Please place the presentation of the ~attached document, and First Reading of the corresponcYmg ordinance, on the February 3, 2004 City Commission agenda under Public Hearing. The f'mal draft of the Ocean District Community Redevelopment Plan is to be presented to the public and City Commission by staff. The Community Redevelopment Agency Board considered and approved the plan on January 13th, without selecting a preferred alternative. This document represents an amendment to the City's Community Redevelopment Plan, and therefore must be adopted by ordinance per state law. Staff recommends that this document be approved, including the selection of one of the two alternatives. EXPLANATION: The Ocean District Community Redevelopment Plan constitutes a partial update of the existing 1983 CRA Redevelopment Plan. The Plan reviews land uses and development standards for the area surrounding Ocean Avenue and Town Square and is intended to: (1) create a desirable place to live and work where both residents and workers have a sense of responsibility (2) create a place of unique character with public spaces where people feel comfortable together, (3) create a place of common vision and physical predictability for all new development that will allow for commercial and residential growth, (4) create a place of profitable investment that provides a positive aesthetic experience, (5) a memorable place of human interaction and cultural benefit, and (6) ensure that future development in the area is consistent with the intent of the "Vision 20/20 Redevelopment Plan" while meeting the needs of the community. This Plan conforms to the provisions of Chapter 163.362 of the Florida Statutes regarding Conammity Redevelopment Plans and establishes the basis for Comprehensive Plan amendments, Code revisions and rezonings in the Ocean District Area. From the public involvement process, two top alternatives (~4 and #5) remain for ultimate selection by the City COmmission. The two alternatives only differ in regards to the future of the old high school. Alternative g4 proposes the replacement of the school with a promenade or "linkage" between the city hall campus with the library and civic center area of Town Square, and a "Public Lawn" along Seacrest Boulevard. In contrast, Alternative #5 preserves the high school and proposes a parking structure in lieu of a "Public Lawn/Promenade". Staff is prepared to initiate the implementation of this plan, beginning with the following plan recommendations: (1) evaluate for applicability and amend or tailor if necessary the the Mixed Use-Low Intensity- Zoning District; (2) develop signage standards that address in detail issues such as sign height, width, style, lettering, color, placement, landscaping, and content; and (3) develop a design program for structures, signage and street furniture, that includes the implementation of a color palate and architectural themes in the context of the district. S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC O CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: Approval continues the incremental updating of the Community Redevelopment Plan as required in conjunction with expansion of the CRA boundary. FISCAL IMPACT: N/A ALTERNATI~S~7~Iect a different alternative and/or make further desired changes to the plan. {l~(x)elopn~nt'iSe~arm~en{-Director City Manager's Signature Planning and Zo~(~irector City Attorney / Finance / Human Resources S:\Planning\Beltran\Ocean District Community Redevelopment Plan FinalLAgenda Item Request Ocean District Plan and 1 st reading.dot S:XBULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O04- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ADOPTING THE OCEAN DISTRICT COMMUNITY REDEVELOPMENT PLAN; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Ocean District Community Redevelopment Plan constitutes a partial of the existing 1983 CRA Redevelopment Plan; and WHEREAS, the Plan reviews land uses and development standards for the area ;urrounding Ocean Avenue and Town Square and is intended to: (1) create a desirable place live and work where both residents and workers have a sense of responsibility; (2) create a ~lace of unique character with public spaces where people feel comfortable together, (3) a place of common vision and physical predictability for all new development that will for commercial and residential growth; (4) create a place of profitable investment that a positive aesthetic experience, (5) a memorable place of human interaction and :ultural benefit, and (6) ensure that future development in the area is consistent with the intent of the "Vision 20/20 Redevelopment Plan" while meeting the needs of the community; WHEREAS, this Plan conforms to the provisions of Chapter 163.362 of the Florida ;tatues regarding Community Redevelopment Plans and establishes the basis for Plan amendments, Code revisions and rezonings in the Ocean District Area; District Community Redevelopment Plan.doc WHEREAS, staff has recommended the approval Of this document, including the ~election of one of two alternatives regarding the future of the old high school. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated by this reference Section 2. The City Commission of the City of Boynton Beach, Florida, hereby the Ocean District Community Redevelopment Plan. Section 2. That the Ocean District Community Redevelopment Plan constitutes a >artial update of the existing 1983 CRA Redevelopment Plan. Section 3. All laws and ordinances in conflict with any provisions of this are hereby repealed. Section 4. Should any section or provision of this Ordinance or any portion ' be declared by a court of competent jurisdiction to be invalid, such decision shall not the remainder of this Ordinance. Section 5. This Ordinance shall become effective immediately upon )assage. FIRST READING this ~ day of February, 2004. ::\CA\Ordinances\Ocean District Community Redevelopment Plan. doc SECOND, FINAL READING AND PASSAGE this __ day of March, 2004. CITY OF BOY'NTON BEACH, FLORDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk :\CA\Ordinances[Ocean District Community Redevelopment Plan.doc IX.-CITY MANAGER'S REPORT ITEM B. THE OCEAN DISTRICT COMMUNITY REDEVELOPMENT PLAN Prepared For: The City Of Boynton Beach Community Redevelopment Agency Prepare By: The Department of Development Planning and Zoning Division February 2004 EXECUTIVE SUMMARY Executive Summary The Ocean District is directly adjacent to the city's downtown core. As such, it serves as a gateway community to the downtown area and supports the Federal Highway Corridor. The Ocean District Community Redevelopment Plan was prepared to serve three purposes. First, the plan will contribute toward the updating of the existing Community Redevelopment Area (CRA) Plan. The CRA plan is being revised in a five-part effort. The first effort is the Federal Highway Corridor Community Redevelopment Plan that was adopted in May 2001. The second effort is the Heart of Boynton Community Redevelopment Plan, which was adopted in December 2001. This study, The Ocean District Community Redevelopment Plan, is the third component of this update process. The fourth effort, currently underway, will address the Boynton Beach Boulevard Corridor, followed by the study of the remaining portion which is element to include the industrial area west of Interstate 1-95. The second purpose of this Plan is to recognize certain broad goals that need to be achieved in order to make downtown Boynton Beach a successful place. In terms of these goals, a successful place can be defined as: 1. A desirable place to live and work where both residents and workers have a sense of responsibility for the successful outcome; 2. A place of unique character with public spaces where people feel comfortable together; EXECUTIVE SUMMARY 3. A place of common vision and physical predictability for all new development that will allow for commercial and residential growth. A place of profitable investment that provides a positive aesthetic experience; and 4. A memorable place of human interaction and cultural benefit. The third purpose of the Plan is to provide recommendations for projects and programs, including amendments to the adopted Future Land Use Plan and Land Development Regulations, to be undertaken in order to create a new image and mix of uses for the civic and cultural center of the city. The study area is bounded by N.E. 3ra Avenue on the north, by Seacrest Boulevard on the west, by the F.E.C. Railroad on the east and by S.E. 2nd Avenue on the south. Existing conditions within the study area were thoroughly examined and evaluated. They indicate that there are a variety of challenges to, and opportunities for development and redevelopment. The plan calls for areas that lie south of N.E. 3rd Avenue and north of N.E. 1st Avenue to feature the most intense development. The areas containing Town Square should provide a transition fi.om the civic and cultural center to urban form. The areas north and south of Ocean Avenue will frame the Ocean Avenue corridor, providing support for its business and other activities, while also supporting the preservation of the predominantly residential character of the neighborhood that lies in the southeast area of the Plan. Each of the areas presents unique issues. Collectively, these planning areas will form a hierarchy of development that will result in economic growth and a pedestrian- oriented, vibrant town center. EXECUTIVE SUMMAR¥ Specific recommendations to guide the City toward realization of orderly and aesthetically pleasing development and redevelopment in the Ocean District Community Redevelopment Plan are summarized as follows: 1. Amend the Mixed-Low Regulations to add specific development standard for the Ocean District. A lesser density and intensity will provide a transition fi.om the current allowed density and intensity in the adjacent downtown area; 2. Develop detailed signage standards to contribute to the aesthetic appearance of the Ocean District; and 3. Develop a design program for structures and street fumimre to include a color palate. TABLE OF CONTENTS LIST OF TABLES vi LIST OF EXHIBITS vii SECTION I. COMMUNITY REDEVELOPMENT AGENCY Introduction and History 2 Goals, Objectives and Policies 9 General Statement 13 II. ANALYSIS OF EXISTING CONDITIONS Existing Land Use Regulation and Policies 18 Existing Traffic Patterns 28 Existing Property Analysis 33 Existing Code Compliance 38 Pictorial of Existing Conditions 40 III. REDEVELOPMENT PLANNING PROCESS In-house Workshop and Public Visioning Sessions 45 Study Areas' Strengths and Weaknesses 47 Staff Analysis After In-house Workshop and Public 48 Visioning Sessions IV. ISSUES AND OPPORTUNITIES Issues and Opportunities: Redevelopment Strategies 54 V. ALTERNATIVE PLANS Urban Design Narrative 58 VI. RECOMMENDATIONS AND PROJECTS Recommendations and Projects 91 VII. NEIGHBORHOOD IMPACTS OF REDEVELOPMENT ACTIVITIES Neighborhood Impacts of Redevelopment Activities 96 VIII. SOURCES OF REDEVELOPMENT FUNDING AND FINANCING Sources of Redevelopment Funding and Financing 100 IX. REFERENCES 104 X. ACKNOWLEDGEMENTS 106 XI. APPENDIX 107 LIST OF TABLES Tables Page 2.1 Land Use Distributions 24 2.2 Zoning Distribution Chart 24 2.3 Uses Distribution Chart 33 2.4 Assessed Value for Single-Family Homes 34 2.5 Change in Assessment for Single-Family Homes 34 2.6 Market Activity for Single-Family Homes 34 2.7 Assessed Value for Condominiums 35 2.8 Change in Assessment for Condominiums 35 2.9 Market Activity for Condominiums 35 2.10 Assessed Value for Commercial 36 2.11 Market Activity for Commercial 37 7.1 School Capacity and Enrollment, 2008-2009 97 vi LIST OF EXHIBITS Exhibit Page 1.1 Boundary of District Study Area 8 2.1 Boundary of Parcel Map 16 2.2 Boundary of Aerial Photo Map 17 2.3 Existing Land Use Map 25 2.4 Current Zoning Map 26 2.5 Current Future Land Use Map 27 2.6 Traffic Study Area Map 32 2.7 Pictorial of Existing Conditions 40-43 5.1 Ocean District Community Redevelopment Plan (Alternative 4) 58 5.2 Ocean District Community Redevelopment Plan (Alternative 5) 58 5.3 Boynton Beach Boulevard Corridor 59 5.3A Proposed Boynton Beach Boulevard Corridor 60 5.4 Town Square Plan 62 5.5 City Hall Block 64 5.5A Proposed City Hall Block Alternative 4 65 5.5B Proposed City Hall Block Alternative 5 65 5.6 Children's Museum 67 5.6A Proposed Children's Museum Alternative 4 68 5.6B Proposed Children's Museum Alternative 5 68 5.7 Cultural Block 71 5.7A Proposed Cultural Block 72 vii 5.8 Seacrest Boulevard 74 5.8A Proposed Seacrest Boulevard 75 5.9 Ocean Avenue Promenade 76 5.9A Proposed Ocean Avenue Promenade 77 5.10 F.E.C. Railroad Tracks 79 5.10A Proposed F.E.C. 80 5.11 Single Multi-Family Residential 81 5.1 lA Proposed Single Family 82 5.1 lB Proposed Multi-Family 82 5.12 Alternative 4 83 5.13 Alternative 5 84 5.14 Proposed Street Section (Ocean Avenue) 85 5.15 Proposed Street Section (Ocean Avenue) 86 5.16 Proposed Street Section (Town Square) 87 5.17 Proposed Street Section (Boynton Beach Boulevard) 88 5.18 Proposed Street Section (Town Square) 89 6.1 Proposed Future Land Use Map 94 viii SECTION I COMMUNITY REDE VEL OPMENT AGENCY COMMUNITY REDEVELOPMENT AGENCY 1. Introduction and History Redevelopment efforts in the City of Boynton Beach commenced in August 1981 when the City established the Boynton Beach Community Redevelopment Agency (CRA) in accordance with Chapter 163, Part 3, F.S. On May 4, 1982, the City of Boynton Beach declared a portion of the downtown area to be suffering from slum and blighted conditions, as evidenced in Resolution 82-KK, and established a Community Redevelopment Area (also referred to as "CRA") that initially contained 180 acres. The original boundary of the CRA included a core portion of the Ocean District Community Redevelopment Area, .... Northeast 3rd Avenue to Ocean Avenue on the north. The powers of the CRA that are contained in Section 163.370, Florida Statutes include, but are not necessarily limited to, the following activities: ca Acquire property deemed necessary for community redevelopment, except that the use of eminent domain shall require specific approval from the City Commission; Hold, improve, clear, or prepare any acquired property for redevelopment; Dispose of property acquired within the Community Redevelopment Area for uses in accordance with the adopted community redevelopment plan; Carry out programs of repair and rehabilitation; ca Plan for and assist in the relocation of persons displaced by redevelopment activities; Receive and utilize tax increment revenues to fund redevelopment activities; Appropriate such fimds and make such expenditures as are necessary to carry out the purposes of the Community Redevelopment Act of 1969; and ca Close, vacate, plan, or replan streets, roads, sidewalks, ways or other places. 2 COMMUNITY REDEVELOPMENT AGENCY The CRA may undertake any additional action not specifically mentioned above if such action is necessary to undertake redevelopment efforts, except that the following powers remain under the control of the Boynton Beach City Commission, pursuant to Section 163.358, Florida Statutes: The power to determine an area to be a slum or blighted area, or combination thereof; to designate such area as appropriate for community redevelopment; and to hold any public hearings required with respect thereto; The power to grant final approval to community redevelopment plans and modifications thereof; The power to authorize the issuance of revenue bonds as set forth in Section 163.385, Florida Statutes; ca The power to approve the acquisition, demolition, removal, or disposal of property as provided in Section 163.370(3), Florida Statutes, and the power to assume the responsibility to bear loss as provided in Section 163.370(3), Florida Statutes; and, ca The power to approve the development of community policing innovations. In April of 1983, pursuant to its finding of necessity, the City commenced preparation of the Boynton Beach Community Redevelopment Plan comprising a redevelopment program pursuant to the Community Redevelopment Act of 1969 as amended from time to time. The plan was subsequently adopted on August 21, 1984. The Redevelopment Plan examined the current conditions at that time, the market opportunities, and made some key recommendations for redevelopment that focused on the downtown area, which centered on Boynton Beach Boulevard and Federal Highway. Broadly, the plan recommended the creation of a unique identity for downtown that should be pedestrian-friendly, marine focused and oriented toward the water. To achieve this broad goal, the plan made three key recommendations. First, the plan recommended 3 COiVIMUNITY REDEVELOPMENT AGENCY construction of a mixed use development consisting of a public waterfront park, specialty retail and residential uses. Next, the plan recommended construction of a hotel with convention space in order to recapture the City's share of the tourism industry. The third broad recommendation was the creation of a marina and marine related uses east of Federal Highway along the Intracoastal Waterway (ICW). At the time that the original Community Redevelopment Plan was prepared and those recommendations were made, the Florida Department of Transportation (DOT) was planning roadway improvements in the area. The DOT had previously made improvements to Boynton Beach Boulevard. The next phase of planned work was to construct a bridge at Boynton Beach Boulevard that spanned the ICW, and then remove the existing bridge at Ocean Avenue. The redevelopment plan contained recommendations that were based upon the DOT roadway work being completed. The plan was specific in stating that the success of the recommended redevelopment concepts would hinge upon the construction of the Boynton Beach Boulevard bridge, and removal of the Ocean Avenue bridge to the south. The planned bridge, however, was never constructed because of neighborhood preservation issues raised by residents, and the renovated Ocean Avenue bridge continues to provide access to the east in this immediate area. The Boynton Beach Community Redevelopment Agency subsequently expanded the boundary of the original CRA. The expanded area included an additional 518.76 acres of land lying west of the Florida East Coast Railroad to Interstate 95, between the Boynton Canal on the north and Ocean Avenue on the south. A separate redevelopment plan was adapted to provide recommendations for the expanded area, which included focusing on 4 COMMUNITY REDEVELOPMENT AGENCY Boynton Beach Boulevard as a gateway to Boynton Beach and preservation of the residential character of the expanded CRA area, which was composed mainly of residential land uses. In September 1996, the City of Boynton Beach conducted a citywide visioning session. More than 100 community representatives participated in the American Assembly Process, which resulted in a policy statement that addressed seven key issues of concern. Among these were commercial revitalization and economic development. The City utilized this policy statement to commence the process of specific planning efforts for the redevelopment of downtown and the marina areas, as well as for major roadway corridors. These efforts resulted in the Boynton Beach 20/20 Redevelopment Master Plan (20/20 Plan) that was completed in September 1998. The 20/20 Plan addressed the seven key issues identified during the American Assembly Process and restated them in terms of specific goals and objectives. A number of these goals and objectives will be furthered in part or in whole through the preparation and implementation of the Ocean District Community Redevelopment Plan. Generally, these focus on uses and needed development standards within the Ocean District, and are summarized as follows: Goal 2: Commercial Revitalization Objective 2.1 - Expand the CRA boundary to increase financial resources during redevelopment plan implementation. Goal 3: Downtown Redevelopment Objective 3.1 - Create specific areas in the downtown that are pedestrian and bicycle friendly, and where mixed uses and infill development are encouraged. 5 COMMUNITY REDEVELOPMENT AGENCY Objective 3.2 - Prepare conceptual area plans and design criteria for the cultural center/marina area district that addresses such issues as mixed uses, signage and landscaping. Through the documented conditions of slum and blight contained in the 20/20 Plan, the CRA board evidenced the need to expand the CRA to include those portions of the Ocean District Community Redevelopment Plan south of Ocean Avenue to north of Southeast 2nd Avenue. While the boundaries were expanded, the redevelopment plan itself was not updated to include this additional land area. This plan, therefore, will serve as a redevelopment plan for the Ocean District Community Redevelopment Area that emphasizes uses and development standards; and provides sufficient scope and format to fulfill the minimum plan requirements of Chapter 163.362 for the expanded CRA area. The boundaries of this expanded area, include Northeast 3rd Avenue on the north, Seacrest Boulevard on the west, the F.E.C. Railroad on the east, and Southeast 2na Avenue on the south, (see Exhibit 2.1- Location Map on Pg 15). The study focused on uses and needed development standards for this downtown district. The boundaries of the expanded Community Redevelopment Area were drawn to take into account the need for physical redevelopment as well as the need to protect neighborhood areas from the presence of blighting influences. Properties located within the redevelopment area that are not presently in need of redevelopment assistance, are threatened by the nearby presence of blighting conditions and, therefore, are included to preserve their long-term viability. As a general standard, the boundary of a proposed redevelopment area includes areas which clearly meet the slum or blight criteria, as well as areas that may not be considered individually, but which are otherwise necessary to 6 COMMUNITY REDEVELOPMENT AGENCY achieve the objective of eliminating blight and preventing its spread. Additionally, some physically sound areas were included in the expanded redevelopment area based on the their functional relationship to the Ocean District Community Redevelopment Plan and the uses to which they are contiguous. COMMUNITY REDEVELOPMENT AGENCY 2. CRA Goals, Objectives and Policies The underlying concept behind the goals and objectives contained in the original Community Redevelopment Plan are still applicable, with minor revisions to address changing circumstances. The concept of those goals and objectives are included within this section. Additional goals, objectives and policies have been added to address the Ocean District. GOAL 1: The Community Redevelopment Agency will undertake programs and projects to establish a unique identity for the Ocean District Redevelopment Area as a gateway to city's downtown core. Objective 1.1: Community planning areas shall be identifiable Policy 1.lA: Develop a coordinated signage program that effectively identifies the entrances to each of the planning communities. Policy 1.lB: Develop a strategy to promote these community planning areas to citizens and the general public. Policy 1.lC: Ensure that each planning community has a public presence Policy 1.1E: Create an environment that encourages a variety of full time activity in the area. Objective 1.2: Community planning areas shall form a hierarchy that lead to the core downtown. Policy 1.2A: Create zoning and land development regulations that allow for diversity of mixed uses in the downtown area and adjacent communities. Policy 1.2B: Create zoning and land development regulations for communities adjacent to the downtown that allow for a height and mix of uses that provides a transition into the downtown 9 COMMUNITY ~REDEVELOPMENT ,4 GENCY Objective 1.3: Community planning areas shall include a balance of sustainable, functional land uses. Policy 1.3A: Land uses within the downtown area shall be mixed uses that include residential, destination commercial, retail and restaurants. Policy 1.3B: Permitted land uses shall be destination uses and not those with a vehicular orientation. Policy 1.3C: Land development regulations shall discourage single user commercial uses with front field parking. Policy 1.3D: Land uses within the communities that form the gateways to downtown shall be mixed uses that include residential and neighborhood serving retail. Policy 1.3E: Within the communities that form the gateways to downtown, general commercial uses that have a vehicle orientation shall be discouraged. Policy 1.3F: A range of residential styles and intensities shall be encouraged within the communities that form the gateways to downtown. Policy 1.3G: A range of residential styles and intensities shall be encouraged within the communities that are the entrances to the city. Policy 1.3H: Land development regulations shall address buffering and setbacks between residential uses and non-residential uses to protect the community. GOAL 2: The Community Redevelopment Agency shall foster economic growth and redevelopment within the Redevelopment Area. Objective 2.1: Provide incentives for development and redevelopment. Policy 2.lA: Land use plan designations to allow for mixed use development, as recommended by the redevelopment plan, shall be initiated by the CRA. Policy 2. lB: Land development regulations shall provide alternatives to parking requirements in the downtown area. Policy 2. lC: Land development regulations shall encourage maximum site utilization for development and redevelopment of single-family, detached residential areas. Policy 2.1D: The Community Redevelopment Agency shall pursue the construction of specified redevelopment projects. Its role in the projects shall be one of active participation 10 COMMUNITY.REDEVELOPMENT AGENCY and may include, but not necessarily be limited to, property acquisition, building demolition, provision of parking facilities and infrastructure improvements. Objective 2.2: Maximize economic value of development and redevelopment Policy 2.2A: Development and redevelopment projects that provide for increased employment opportunities for residents shall be encouraged. Policy 2.2B: When possible, CRA funding for projects shall be structured to encourage investment in redevelopment and rehabilitation, in either the same project or adjacent areas. Policy 2.3C: The Community Redevelopment Agency shall initiate programs and projects that focus on business development and act as catalysts to leverage additional investment by private enterprise. Objective 2.3: Encourage public activity in the downtown community and adjacent neighborhood. Policy 2.3A: The Community Redevelopment Agency shall either directly or indirectly encourages programs to market the downtown. Policy 2.3B: The CRA shall develop a strategy to provide for regularly scheduled special events in the area. GOAL 3: The Community Redevelopment Agency will pursue activities and projects that will create an aesthetically pleasing environment. Obi ecfive 3.1: Provide for appropriate land uses. Policy 3.lA: Uses that have a vehicular orientation shall not be permitted in the downtown community, or in the adjacent communities that are the gateways to the downtown. Policy 3.lB: Adult entertainment and similar thoroughfare uses, such as tattoo parlors, fortune tellers, body piercing shops, head shoPs and other similar uses, shall not be permitted to locate within the redevelopment area. Policy 3. lC: Land uses that incorporate outdoor storage or display shall not be permitted. Objective 3.2: Provide for appropriate land development regulations. Policy 3.2A: Land development regulations shall provide a coordinated signage program for the redevelopment area. 11 COMMUNITY REDEVELOPMENT AGENCY Policy 3.2B: The CRA shall develop an architectural theme and color palate for the redevelopment area. Policy 3.2C: The CRA shall encourage the development and implementation of a streetscape program that may include street furniture, special signage, unique crosswalk treatments and landscaping. 12 COMMUNITY RED VELOPMENT A GENCY 3. General Statement Relating to the CRA Relationship to Ci _ty's Comprehensive Plan It is the intent of the Community Redevelopment Agency to conform all of its proposed programs, projects and activities to the Boynton Beach Comprehensive Plan and the adopted code of ordinances. In this regard, portions of the comprehensive plan, future land use plan map and the land development regulations will need to be amended to allow for redevelopment activities as recommended. Safeguards to Ensure Redevelopment Activities Follow the Redevelopment Plan_ The following activities will ensure that redevelopment actions will be consistent with the adopted redevelopment plan: The CRA shall file an annual report with the State's Attorney General Office and the City of Boynton Beach. The report shall contain an overview of the activities of the CRA as allowed by the redevelopment plan. ca The CRA shall be fully subject to the Florida Sunshine Law and will meet at least on a monthly basis in a public forum. The CRA shall provide adequate safeguards to ensure that all leases, deeds, contracts, agreements and declaration of restrictions relative to any real property conveyed shall contain restrictions or covenants to mn with the land and its uses, or contain other provisions necessary to carry out the goals and objectives of this plan. Safeguards to Ensure Financial Accountability The CRA shall maintain adequate records to provide for an annual audit that shall be conducted by an independent auditor. The findings of the audit shall be presented at a meeting of the CRA and such findings shall be forwarded to the State Auditor General's Office by 13 COMMUNITY RED VELOPMENT A GENCY March 31st of each year for the preceding year that shall mn from October 1st through September 30th. The annual audit report shall be accompanied by the CRA's annual report and shall be provided to the Town for public review and availability. Legal notice in a newspaper of general circulation shall be provided to inform the public of the availability for review of the annual audit and annual report. 14 SECTION II ANAL YSIS OF EXISTING CONDITIONS 15 Legend _l..,j'.. ~.~ ~' ~'.~ Railroads Ocean Oistric~ C1ommtmit ~ Buildings Paroels 16 Railroa~ Ocealt DJ~Ekl Community R~re~lt~ti Parcels Br,~atmL B~&, Gadl~L n i 17 ANAL E¥IS OF.EXISTING CONDITIONS 1. Existing Future Land Use and Zoning Existing Future Land Use and Zoning The Existing Future Land Use Map and Zoning Map specify the land uses, type and specific uses that are permitted on a parcel. These, along with the Land Development Regulations, which deal with spatial relationships of improvements, are the primary tools by which the City regulates development within its boundaries. The following paragraphs describe the present future land use designations and the corresponding zoning districts within the 37.7-acre Ocean District Redevelopment Study Area. Low Density Residential (LDR) The southeastern comer of the study area contains approximately 1-1/2 blocks designated Low Density Residential, which permits development at 4.84 dwelling units per acre (du/ac). This same future land use designation extends across almost the entire area abutting the southern boundary of the study area and occupies approximately 2.7 acres. The corresponding zoning district, Single-family Residential (R-l-AA), limits the area, to in part, to single family homes. Medium Density Residential (MDR) Land designated Medium Density Residential is found in a strip of approximately 2.6 acres along the northwestern boundary of the study area. This designation permits 18 ANAL E¥1S OF EXISTING CONDITIONS development at 9.68 du/ac and corresponds to the single- and two-family (R-2) ,zoning district. This land use designation extends northward beyond the study area. High Density Residential (HDR) Portions of four blocks, or approximately 3.9 acres, in the core of the study area are designated High Density Residential. This designation permits residential single, two family and multi-family uses up to a maximum of 10.8 du/ac, and corresponds with the Multi-family Residential (R-3) zoning district. All of the existing multi-family residential developments within the study area were built at higher densities ranging between 16.5 du/ac and 48.4 du/ac. Local Retail Commercial (LRC) With the exception of four parcels in the northeast comer of the study area (see general commercial), all of the commercially-classified land in the study area, or approximately 11.9 acres, is designated Local Retail Commercial. This designation corresponds with the Neighborhood Commercial (C-2) and Community Commercial (C- 3) zoning districts. Uses allowed in this- land use category include offices, retail uses, personal services and repair of consumer goods and business services compatible with retail uses. In addition, high-density residential and mixed-use developments are also allowed within this commercial zoning district. 19 ANAL K¥IS OF EXISTING CONDITIONS The lands designated Local Retail Commemial are found along the Boynton Beach Boulevard corridor, along Ocean Avenue, and along the eastern boundary of the study area, fronting on the FEC Railroad right-of-way. That portion of Ocean Avenue located between 1st Street and 3rd Street that is designated Local Retail Commercial, is zoned Multi-family Residential (R-3). All of the parcels, except one, are developed with residential uses. The single exception is the property developed as a convenience store. The Comprehensive Plan allows for property designated Local Retail Commercial to be developed with multi-family uses. The Zoning Code also allows for property zoned Community Commercial (C-3) to be developed with multi-family uses; however, the code does not allow for property zoned Multi-family Residential (R-3) to be developed with a commercial use. General Commercial (GC) The General Commercial land use category allows the most intense commercial development and corresponds with the General Commercial (C-4) zoning district. As cited above, there are 4 parcels, totaling approximately 0.9 acres, in the northeast comer of the study area (north of Boynton Beach Boulevard) that are classified accordingly. Industrial (I) Only two parcels totaling 0.5 acre in the study area are designated Industrial and zoned Light Industrial (M1). These parcels are adjacent to the area classified General Commercial in the northeast comer of the study area and adjacent to the FEC Railroad 20 AN,4L YSIS OF EXISTING CONDITIONS right-of-way. Both areas classified General Commercial and Industrial extend northward beyond the study area. Public & Private Governmental/Institutional (PPGI) Approximately 40 % of the study area, or 15 acres, are designated Public & Private Governmental/Institutional and are occupied by the municipal complex. Within this land use category are lands zoned Public Use (PU) and Recreation (REC). This area has also been the subject of the Town Center Master Plan. ***The following section are existing Comprehensive Plan Policies affecting the study area The existing Comprehensive Plan Future Land Use support document, "Section VIII. Land Use Problems and Opportunities", contains additional recommendations applicable to the study area, and in particular the Municipal Complex and the commercial area along Ocean Avenue. This study will reconsider the current value of these policies and recommend steps to further implement them or recommend alternative amendments and policies. Municipal Complex The City is currently considering the expansion of the City Hall/Civic Center/Library complex, which occupies the blocks along the east side of Seacrest 21 ANAL YSIS OF .EXIS TING CONDITIONS Boulevard, between Boynton Beach Boulevard and SE 2nd Avenue. Since the parcels which are cun'ently zoned Recreation and R-3 Multiple-Family Residential on these blocks may be incorporated into the municipal complex, the entire area should be placed in the Public and Private Governmental/Institutional land use category and Public Usage zoning district. The parcel, which is currently occupied by multiple-family housing, should be constmed to be in this land use category only when it is actually acquired by the City and redeveloped for public use. East Ocean Avenue between Seacrest Boulevard and FEC Tracks In order to create a pedestrian and commercial corridor between City Hall and the CBD district, a special zoning district should be created for the segment of E. Ocean Avenue lying between 1 st Street and the FEC tracks. However, in order to preserve the character of this street and prevent conflicts with adjacent residences, the following policies will be necessary: (1) Allow only restricted retail and office use for parcels fronting on E. Ocean Avenue; (2) Restrict building heights to 2 stories (25 feeO; (3) Restrict the hours of operation for commercial uses; (4) Encourage "coastal vernacular" architecture for commercial buildings; encourage re-use of existing historic buildings for commercial uses. In order to encourage commercial uses along this street frontage, The City should allow all parking requirements to be waved for commercial uses, which occupy only lots 22 ANAL E¥1S OF EXISTING CONDITIONS fronting on Ocean Avenue. Adequate parking will be provided on Ocean Avenue, at the City Hall complex, and proposed municipal parking garage between the FEC railroad and U.S. 1. 23 LAND USE AND ZONING DISTRIBUTIONS Table 2.1 -- Land Use Distribution Chart LAND USE DISTRIBUTION CHART 1 GC HDR IND 2% 10% ·~-- 1% PPGI .I ..,- 41o/$ ~-.~. LDR 7% LRC MeDR 32% 7% Table 2.2 -- Zoning Distribution Chart ZONING DISTRIBUTION CHART 2 REC C2 16% --~'~ 10% R3 ~ 16% 16%--~ 7% PU ~ '~. MI R1A 25% 1% 7% 24 25 ~ 9 Y/'-££9/'J .~, .... .,fl ~LV9 AE 1ST AVE. I~E 1ST AVE E OCEAN At~. E OCEAN AVE SE ~$T At~. SE ~$T AtA~ Ocean District Community Redeeelopmext Pbx 26 I~E IST AVE I~E IST A~ E OCEANAVE E OCEANAt,~. SE fSrAVE SE f$ T AVE 27 ANAL YSIS OF EXISTING CONDITIONS 2. Existing Traffic Patterns Traffic Volumes Staff has conducted a number of 24-hour traffic volume counts throughout the entire study area. A graphical representation of traffic volumes is attached as exhibit "A". Staff finds that the lowest traffic volume identified was 184 vehicles per day on Barrista Way, a local street that functions like an alley connecting NE 4th Street and Federal Highway. The highest traffic volume counted within the study area was 932 vehicles per day on that segment of Ocean Avenue located between Federal Highway and SE 4th Street. Staff finds these traffic volumes to be extremely low for a central business district area. It would not be uncommon to find a collector street such as Ocean Avenue carrying nearly 3,000 vehicles per day, and those streets immediately on the perimeter of a central business district to carry 1,000 to 2,000 vehicles per day. Low traffic volumes have also been recorded in the area south of Ocean Avenue and East of S~acrest Boulevard, which consist of multi-family housing. This data may be attributed to the off-season period during which time the traffic volume surveys were conducted. In any scenario, staff believes that there remains sufficient capacity on the existing roadWay network to accommodate growth and development in the area. Naturally, traffic volumes along Boynton Beach Boulevard, Seacrest Boulevard, and Federal Highway are much higher. According to Palm Beach County, 24-hour volumes on these arterial roadways are as follows: Boynton Beach Boulevard 14,285 Federal Highway 22, 37 Seacrest Boulevard 15, 970 28 ANAL YSIS OF EXISTING CONDITIONS Developers rely heavily on traffic volume data, especially for development that will have a retail component. As a comparison to traffic volumes on arterial roadways in the study area, staff noted that there is in excess of 28,000 vehicles per day on Boynton Beach Boulevard near Congress Avenue and over 38,000 vehicles per day on Congress Avenue. Regulatory Traffic Control Staff has identified regulatory traffic control on exhibit "A". Traffic is primarily regulated at intersections by either 2-way or 4-way stop signs, except for the intersections of arterial roadways that are controlled by traffic-actuated signals. Staff does not recommend any changes to existing regulatory intersection control due to low anticipated benefit and the public being accustomed to current circulation patterns. On Ocean Avenue, the 4-way stop configurations located at the intersection of SE 1 st Street and SE 3rd Street are not likely warranted according to the Manual on Uniform Traffic Control Devices. Staff does not recommend any change to the regulatory control at these intersections at this time. However, staff does suggest that as the downtown redevelops and traffic volumes increase on Ocean Avenue, the city should consider the benefit of replacing stop signs with alternative traffic calming devices, to bring into account both traffic engineering guidelines and impact on local businesses. Staff also notes that the 4-way stop intersection at Ocean Avenue and 4th Street is of particular concern due to its close proximity to the FEC Railroad crossing. An unsafe situation could be created at this location should traffic at the intersection stack-up into the railroad crossing. 29 ANAL EgIS OF EXISTING CONDITIONS Pedestrian Concerns Throughout the entire study area staff finds a wide variety of pedestrian related features. Sidewalks exist along all arterial roadways such as Seacrest Boulevard, Boynton Beach Boulevard, and Federal Highway. It is also fortunate that sidewalks have been constructed on both sides of Ocean Avenue through the entire study area. However, local roadways within the study area exhibit a wide range of pedestrian safety elements. Staff has identified the existing sidewalk on exhibit "A". You will note that there are many low volume roadways that have gaps in sidewalks or have sidewalks constructed adjacent to individual single-family lots and nowhere else on the particular block. For example, sidewalks exist around the library, but are absent throughout the neighborhoods around the library. Similar characteristics exist around City Hall and throughout the commercial district east of the railroad tracks. In addition to the lack of sidewalk in the local residential areas, staff finds a number of other impairments to pedestrian safety. For example, there are a number of multiple-family complexes that have direct access to parking in a manner perpendicular to the edge of the roadway. In these cases, the private developments are utilizing public right-of-way for the purpose of parking and this forces pedestrians to then walk in the roadway to avoid parked vehicles. Staff finds that the existing roadway network can absorb additional traffic volume very easily. Thus, traffic in and around the study area will likely be a minor concern as the area redevelops. Accommodation of pedestrians is an entirely different matter. As the study area redevelops, staff believes that it is appropriate for the City to take into 30 ANAL E¥IS OF.EXISTING CONDITIONS consideration pedestrian safety. As part of each review of any proposed projects, evaluation of pedestrian safety should be included not only with each project but should be considered throughout the study area as part of on going city capital improvement project. 31 3. Existing Property Analysis 1. Ownership There are 107 parcels and 224 properties within the study area. Owners with multiple properties: u 4 properties (Richard Ufier) ca 5 properties (Micheline Many) ca 5 properties (Kathleen Ambridge) ca 8 properties (Bob Katz) ca 13 properties (Charles and Kathryn A. Smith) ca 16 properties (City of Boynton Beach) There are 13 owners with 2 properties and 4 owners with 3 properties. Some 21 people who own property in Ocean District live out-of-state. 2. Use Distribution Table 2.3-- Distribution Chart for Uses USE GROUP PROPERTY USE ~t OF PROPERTIES RESIDENTIAL vacant residential 5 single family 35 aparUnents > 10 units 2 condominiums 126 multifamily < 10 1 RESIDENTIAL TOTAL 169 COMMERCIAL vacant commercial 5 stores 13 stores/office/residential 3 office 1 story 3 ~rofessional offices 5 restaurant 1 restaurant, drive thru 1 auto sales 3 warehouse/distribution 4 COMMERCIAL TOTAL 38 PUBLIC municipal 16 UTILITY 1 GRAND TOTAL 224 33 Residential Uses a. Single-family homes ca Number of properties: 35 ca Of 35 properties, 18 do not claim homestead exemption; they are not full time owner-occupied (most are either seasonal homes or rentals) Assessed value distribution of single-family homes: Table 2.4--Assessed Value for Single-Family, Homes ASSESSED VALUE RANGE # OF SF HOMES Below $30,000 2 $30,000 to $49,999 18 $50,000 to $69,999 12 $70,000 to $89,999 1 $90,000 and above 2 The average assessed value of a single-family home is $51,485. Change in assessment, 1999-2000 (estimate for average increase in the city: 3%): Table 2.5 -- Chan[~e in Assessment for Sin[~le-Famil7 Homes CHANGE IN ASSESSMENT # OF SF HOMES Below 0% 1 2% and above but lower than 3% 14 3% and above but lower than 5% 5 5% and above but lower than 7% 5 7% and above but lower than 9% 3 9% and above 7 Market ActiviW: Table 2.6 -- Market Activit~ for Sin le-Family Homes YEAR OF LAST SALE # OF SF HOMES Last sold 1989 or earlier 7 1990 - 1994 7 1995 - 1999 9 Sold after 1999 9 No sales data available 3 Of all properties traded since 1999, 3 sold for $70,000 or more. 34 b. Condominiums [] Green Acres: 10 units, built 1968 [] Boynton Center #1:20 units, built 1973 [] Boynton Center #2:20 units, built 1973 [] Boynton Center #3:26 units, built 1972 [] Boynton Center g4:8 units, built 1972 [] Boynton Center #5:4 units, built 1971 [] Millicent Condos: 20 units, built 1972 [] Park Lane Condos: 14 units, built 1979 [North and South buildings) [] Vivienne's Condos: 4 units, built 1967 The total number of condominium units is 126. Out of 126 units, 83 do not claim homestead exemption; they are not full time owner-occupied (most are either seasonal units or rentals). Assessed value distribution of condominiums: Table 2.7 --Assessed Value for condominiums I ASSESSED VALUE RANGE I# OF CONDO UNITS $11,600 - $16,599 12 $16,600 - $21,599 95 $21,600 - $26,599 15 $31,600 - $36,599 4 The average assessed value of a condo unit is $19,079. Percentage change in assessment, 1999-2000: Table 2.8 - Chan~e in Assessment for Condominiums CHANGE IN ASSESSMENT # OF CONDO UNITS Below (-3)% 2 I-3)% and above but lower than (-1)% 8 [-1)% and above but lower than 1% 105 1% and above but lower than 3% 6 5% and above but lower than 5% 4 5% and above but lower than 7% 1 Market activity: Table 2.9 - Market Activit7 for Condominiums YEAR OF LAST SALE # OF CONDO UNITS Lat sold 1989 or earlier 33 1990- 1994 37 1995 - 1999 42 Sold after 1999 12 No sales data available 2 35 Of the 9 units sold in 2000 and 2001 at market prices, 4 sold at a price of $26k or less, and the remaining $ sold at prices between $30K and $351. c. Apartments Pelican Harbor, 209 E. Ocean Ave, 10 units Last sold for $265,000 in April 2000 Appreciated about 130% since 1995, when the sale price was $115.000 (18% average annual appreciation) ca Intermediate sale 1997, price $185,000 Ocean East, 200 E. Ocean Ave, 12 units ca Last sold for $606,000 in July of 1001 ca Appreciated 76% since 1993, when the sale price was $345,000 (7.3% average annual appreciation) d. Multifamily , <10 unit There is a single family home and duplex on one parcel, at 216 SE 2na Ave. E. Vacant residential All 5 vacant residential lots were traded since 1999. · Commercial uses Total number of commercial properties is 38, of which 4 are industrial (warehouses) and 5 are vacant. One was eliminated from the tax roll in 2001. Assessed value distribution: Table 2.10-- Assessed Value for Commercial ASSESSED VALUE RANGE # OF PROPERTIES Less than $50,000 6 $50,000 - $74,999 6 $75,000 - $99,999 3 $100,000 - $124,999 5 $125,000 - $149,999 7 $150,000 - $174,999 5 $175,000 - $199,999 1 More than $200,000 5 Average value of commercial property is $126,506. 36 With the exception of two properties, which were assessed for over 20% higher value in 1999 than in 2000, and one property with the assessed value decreased by about 7%, assessments for the remaining properties remained unchanged. Market Activity: Table 2.11 -- Market Activity for Commercial YEAR OF LAST SALE # OF PROPERTIES Last sold 1989 or earlier 3 1990- 1994 4 1995- 1999 14 Sold after 1999 10 No sale data available 7 Of 10 properties sold in 2000 and 2001, one property sold at $575K, two sold at a price over $300K and two below $100K. Two of the Katz properties were transferred at a nominal fee (these two were sold in 1998 for $300K+). 37 .A ,:VA ~IS OF I~ilXISt~ING U~NDI I'~tONS 4. Existing Code Compliance Data Analysis Thc study area was researched for the most common code violations recorded between 1997 and 2001. Thc data assembled was divided by location and reviewed parcel by parcel. This is a summary of the findings. The most common violation for thc study area is identified as CAMV, Community Appearance and Maintenance Violation. This violation is defined in the City of Boynton Beach Code of Ordinance that pertaining to the quality of life and maintaining same by prohibiting, abating, suppressing and preventing all things detrimental to the health, comfort, safety, convenience, visual aesthetics and welfare of the inhabitancc of all zoning districts. The northern corner of the study area, which contains single-family houses and vacant lots, is thc most cited by city officials with CAMV. The vacant lots that are cited typically contain overgrown grass, and trash and debris. The owners of the single-family houses are typically cited for aesthetics reasons (i.e. peeling paint, broken windows or unmaintained landscaping). The other citations include abandoned vehicles. In the northern section of Boynton Beach Boulevard, zoned C-3 Community Commercial, the Commercial parcels are also mostly cited for CAMV (i.e. poor paint condition). Other commercial properties were cited for needed light replacement. Some were also cited for not keeping their parking lots and swales properly maintained. The southwest part of Boynton Beach Boulevard, zoned C-3, is generally cited for CAMV, licensing violations, and zoning violations, (one parcel). This parcel is zoned C- 38 3, and was cited for displaying merchandise in public view. The most common citations in the area zoned R-3 is also CAMV and for abandoned vehicles. Several parcels froming Ocean Avenue were also cited for CAMV, (paint condition), swale and parking lot conditions, and abandoned vehicles. On the southeast comer of the study area, zoned R-lA, the single-family houses are generally well maintained and without citations. It is noteworth3> that this area was the location of most historic citations. 39 5. PICTORIAL OF EXISTING CONDITIONS Bo_vnton Beach Boulevard 40 Ocean Avenue 41 Residential Area 42 Residential Area to be Preserved 43 SECTION III REDE VEL OPMENT PLANNING PROCESS 44 1. In-House Workshops and Public Visioning Sessions Because 40% of the land in the study area is city owned, it was felt that the city was a major stakeholder in the Ocean District. Accordingly, on Thursday, January 31, 2002, the City of Boynton Beach held an in-house workshop limited to participation from city staff and senior level administrators. This in-house workshop, an intensive 3 hour brainstorming session, was divided into several components: Phase I Report Presentation, Town Square Conceptual Master Plan Presentation, and team visioning session. Participants were divided into three different teams each consisting of a planner who assisted with facilitation and the design of a conceptual master plan for the entire area. The Purpose of this exercise ..."was to let their imagination run wild and think of the study area as a giant vacant lot". The final part of the in-house workshop was the presentation of each team plan. The city staff subsequently held a Public Visioning Session on Thursday April 11, 2002 for community stakeholders. This was the opportunity to obtain the vision that residents and property owners had for the study area. This visioning session was held at night for two and one-half hours. The program was similar to the in-house workshop with city staff in which participants were asked to join a group that was being facilitated by a planner. They were asked to describe their future vision of the area as if no restrictions were present. Prior to engaging in the group design exercise the public was shown a PowerPoint presentation of pictures from cities that have experienced success with similar redevelopment planning efforts. 45 The in-house workshop and the public visioning session produced numerous new ideas for the study area. The most frequently proposed ideas were then synthesized and combined into three conceptual alternatives These three alternatives were presented to city staff and administration in another in-house workshop held on August 27, 2002. At this time, each alternative was divided into four different quadrants, showing three different scenarios for each quadrant area. The participants were asked to select their favorite quadrants (or elements) for study areas. Staff followed the same process with the public/residents/owners of the study area. This second public workshop was held on October 10, 2002. Subsequently, staff developed the final two alternatives based on the most preferred quadrants. Staff found that there were many similarities and very little difference between the two groups. The overall objective was the same; a complete new vision for the Ocean District area. 46 REDE VELOP3IE~¥ F ~:%A NNtNG ?ROCE&~ 2. Study Area's Strengths and Weaknesses The following is the list highlighting the most commonly perceived strengths and weaknesses of the study area from both the In-House Workshop and the Public Visioning Session. The strengths are what was valued and liked about the area and the weaknesses reflect concerns or dislikes. TOP STRENGTHS OF THE STUDY AREA (Order listed does not reflect priority of concern) · Cluster of Civic/Cultural · Retail in Boynton Beach Blvd. activities · Quick access to highway · Proximity to Marina · Vacant lots near Railroad · Availability of infrastructure · Potential for redevelopment · Existing mature trees in Town · Great Location (center of city) Square · Ocean Avenue as a Main Street · Market Potential · Single family area on southeast · Police Station in neighborhood section TOP WEAKNESSES OF THE STUDY AREA (Order listed does not reflect priority of concern) · Railroad Corridor · Suburban zoning code for an urban · M-1 uses on area area · Poor pedestrian connection · Underutilization of commercial · Poor parking parcels fronting Boynton Bach · Lack of clustering of development Blvd. parcels · Lack of color (everything · Lack of Gates at Railroad crossings monotonous) · City's reputation for not doing · Lack of visually stimulating anything buildings · Displacement of residents 47 REDE VEL OPMENT PLANNING PR O CESS 3. Staff Analysis following Workshops A review of the individual group plans indicates that there where seven similar concepts or themes that each group included in their plans. These general common themes are discussed below. Zoning: The growing interest in mixed-use prompted most teams to suggest mixed use as a component of their design proposals. Also, each group recommended that some building heights be increased. While a variety of permitted and prohibited uses were discussed, most teams suggested varying combinations of residential, retail and service commercial, office and civic/governmental uses. Allowable uses, mixture of uses, density and height limits, as well as other site-related controls are best regulated through amendments to the Future Land Use Map and official Zoning Map. Architecture: Each team advocated the creation of a sense of place within the study area, through the establishment of building scale, color and architectural style. Two teams specifically suggested that the style for new developments should be similar in character to what is existing; the "old Floridian" style. The teams also discussed the importance of preserving the existing scale within the study area, and therefore 5 stories were suggested as the maximum height. 48 REDE VEL OPMENT PLANNING PR OCESS Railroad Tracks: Nearly, all groups recommended the addition of considerable buffeting of the railroad tracks. They recognized both the sound mitigating benefits as well as the aesthetic enhancement of such buffeting. All of the public visioning teams felt that the existing crossing gates are neither safe nor pedestrian-friendly. Another recommendation made by the groups was to use a train station theme to revive the historical character of the area. Parking and Vehicular/Pedestrian Interconnectivi_ty: Several groups agreed that the surface parking lot on the northwest comer of Ocean Avenue and 1st Street was not ideally located and should be replaced with a higher and better use. One group suggested that the parking garage proposed on the Town Square Conceptual Plan should be moved to a vacant lot near the Railroad Tracks. Another group recommended that the proposed parking garage and existing surface parking lot should be connected to the City Hall Complex via an above-ground, roofed pedestrian structure. The same team proposed a trolley system to connect the study area with the downtown marina area. Many groups agreed that there should be more paver-enhanced intersections like the ones on Ocean Avenue, Boynton Beach Boulevard and Seacrest Boulevard. Most teams recommended that the city should redesign the streets in the study area to be more pedestrian-friendly with wider sidewalks, landscape "bump-outs" and visible crosswalks. 49 REDE VELOPMENT PLANNING PR OCESS One team suggested the use of the alleys for vehicular circulation, for interconnectivity and to reduce vehicle trips on collector and local streets. Boynton Beach Boulevard Most groups viewed the current speed of vehicles on this roadway as detrimental to the function of the study area. Not only did the groups see the high speed as a public safety concern, but also as a deterrent to pedestrian movement in the area. Recommendations included the installation of pedestrian cross-walks using brick pavers, landscaped roadway medians, street furniture, wider sidewalks and on-street parking to calm traffic speed. Most groups agreed on proposing mixed-use development fronting Boynton Beach Boulevard. The buildings were envisioned with commercial or office uses on first and residential on the upper floors. All groups recommended the addition of landscaping along the corridor. Town Square One-half of the in-house groups agreed that the proposed plan for Town Square was impressive and interesting and only suggested minor changes. However, some of the public visioning teams criticized the conceptual plan mainly due to the elimination of some homes and the old high school. One controversial element involved the proposed demolition of the old high school building. Although most of the in-house city staff favored demolition of the Old 50 REDE VEL O PMENT .PLANNING .PR OCESS High School, one-half of the public teams felt that the high school should be preserved and rehabilitated into a civic/theater space, and the area proposed on the plan as the new civic/auditorium space be turned into a park with an interactive fountain and a sculpture garden, "Center of Green Space". Some groups also recommended that lush landscaping be planted with colorful flowers, instead of the colorless existing landscape. Overall, most teams agreed that Town Square should become a civic and cultural center for the city. Ocean Avenue: The teams proposed that Ocean Avenue become the district's main street. Ocean Avenue underwent a streetscape modification process that residents and owners were very pleased with. One team suggested that Bed & Breakfasts front the street along with a "light" mix-use development. Staff interprets this as smaller-scale buildings with maximum heights of two or three stories. Another recommendation by the teams is to make the intersection of Seacrest Boulevard and Ocean Avenue more of a focal point, perhaps with a roundabout, creating a formal entry to Ocean Avenue and the downtown area. The other suggestion was to design a bike path on Ocean Avenue that would take advantage of the connection of the bridge to the beach. Residential: Most of the teams agreed that the southeastern section of the study area should remain with single-family housing. Three teams proposed town-homes for the area 51 REDE VEL OPMENT PLA NNING PR OCESS between 1st Street and 3rd Street. Most teams agreed on integrating mixed-use (commercial/office and residential) development on Boynton Beach Boulevard and Ocean Avenue. Again, participants agreed that new buildings should not exceed five (5) stories in height. 52 SECTION IV ISSUES AND OPPORTUNITIES 53 ISSUES/tND OPPORTUNITIES 1. Issues and Opportunities: Redevelopment Strategies Current development patterns and land uses within the entire Ocean District Community Redevelopment Plan present challenges and opportunities for development and redevelopment. Both the original CRA plan, adopted in 1984 and the Boynton Beach 20/20 Redevelopment Plan, which was finalized in 1998 identified the Ocean District as one of the primary areas of activity, although each of those plans recommended somewhat differing approaches to development or redevelopment. Existing and planned development in the Ocean District continue to emphasize the importance of this area. This area should contain a mix of uses with heavy intensity in order to support a successful downtown. The commercial uses along Boynton Beach Boulevard and Ocean Avenue can serve this area, as well as the surrounding neighborhoods. To undertake this approach to development and redevelopment within the Ocean District Community Redevelopment Area, the issues and opportunities identified through the analysis of existing conditions are evaluated to formulate general redevelopment strategies. Both the original CRA Plan and the 20/20 Redevelopment Plan provide elements that merit consideration and implementation in one, unified approach. Both plans called for Town Square to be redesigned to become a center where people can gather for "community-serving" purposes and public events. Ocean Avenue was envisioned to become the "Main Street" in the downtown area, and the main connector between Town Square and the Marina area. Boynton Beach Boulevard was to become an urban center 54 ISSUES ~4.ND OPPORTUNITIES and pedestrian-friendly street. Similarly, both plans recognized the need for development in the downtown. The downtown area provides a unique opportunity for pedestrian-oriented, mixed use. It could include residential uses as well as office, retail and restaurants. Overall, these will establish the downtown as a destination area, and to ensure its success and long-term viability. The following strategies will assist in achieving the goals of this redevelopment plan: Encourage mixed-use development. Continue to promote and encourage mixed use. Projects located along Boynton Beach Boulevard, Ocean Avenue and along the west side of the F.E.C. right-of-way. These mixed use projects will provide pedestrian activity in the downtown area and contribute toward a vibrant atmosphere. Create a destination atmosphere. Permitted uses should be only those that are destination types of uses, and not those that typically rely upon the capture of drive- by traffic. Destination types of uses include, for example, personal services, specialty retail, offices, full service restaurants and residential uses. Define pedestrian spaces. Require reduced building setbacks to better define pedestrian spaces. Specifically, parking lots located between the use and the public rights of way should be prohibited. Create a safe pedestrian environment. Require development that fronts along Boynton Beach Boulevard and Ocean Avenue to be designed in a manner that encourages a safe pedestrian environment and emphasizes the frontage of these buildings as important nodes of activity. Establish an aesthetically pleasing identity. Create an aesthetic identity for the Ocean District through the development, use and rhythmic placement of public street furnishings, lighting, and other types of enrichments, as well as creation and implementation of development design criteria that address architecture, colors and signage in addition to general development standards. The established identity should compliment that of the Federal Highway Corridor. 55 ISSUES ~4 ND OPPORTUNITIES Protect community character. Establish standards to protect the character of the residential community at the south of the study area. This area could be affected by the new mixed use development. Require compatibility between uses. Create development standards that provide for adequate setbacks and buffering between residential and non-residential uses to protect the residential neighborhoods. Enhance the visual appearance of the community Ensure that uses or land development regulations provide adequate safeguards to protect the visual appearance of the community. Emphasize major activity nodes. Nodes of activity or transitions to other areas, such as the major signalized intersections, should be emphasized through mechanisms such as building placement, orientation and architectural features. Improve visual appearance with coordinated signage. Signs throughout the entire downtown area lack aesthetic appeal and continuity of style. Regulations can address these issues. 56 SECTION V AL TERNA TIVE PLANS 57 Description of the Two Final Alternative Plans The purpose of this planning effort is to establish a vision for the study area, translated into detailed physical components. All private and public development, whatever the size, will contribute to the creation of a livable downtown for Boynton Beach The two alternative plans were finalized after staff, residents and property owners of the area made their choices using the initial three alternatives derived from the first in-house workshop and the first public workshop, in the process described in Section III of this report. The following narrative is the description of these two final plans. Alternative 4 Alternative 5 Figure 5.1. Alternative 4 Conceptual Master Plan Figure 5.2. Alternative 5 Conceptual Master Plan 58 1. Boynton Beach Boulevard Corridor Boynton Beach Boulevard Corridor ~ ..... O~an ~is~t ~ -~-- Communi~ .......... Redevelopment Plan -- ............. A~tive 4 Figure 5.3. Boynton Beach Boulevard Co~idor 1. Boynton Beach Boulevard The design recommendations for Boynton Beach Boulevard are the same for both alternatives. Figure 5.3A. Proposed Boynton Beach Boulevard Corridor A. Creation of a Pedestrian-Friendly Boynton Beach Boulevard At the request of the public, Boynton Beach Boulevard should be redesigned with double-sided street parking along certain sections. This will not affect the vehicular movement but will calm traffic and accommodate pedestrian activity. A wide median, lined with Tall Royal Palm trees, is proposed, thus creating a focal point. The sidewalks should also become wider and nicely paved thus encouraging people to walk easily and safely. Furthermore, the sidewalks can be easily enhanced by arcades or loggias designed into the bottom floor of the buildings. All these changes will be conducive to a more pedestrian-oriented environment and will support existing and proposed commercial business. B. A Pedestrian Sky-Bridge Another interesting element proposed for Boynton Beach Boulevard is a pedestrian sky-bridge. This sky-bridge would connect the existing city hall building to a proposed city annex building or the mixed-use plaza on the north side of Boynton Beach Boulevard. The bridge would be articulated with details and it will be open throughout. C. Buildings Fronting Boynton Beach Boulevard The existing conditions on the boulevard are that of one-story structures, fronting very narrow sidewalks with parking located in front of the buildings. Many buildings are in need of updating and renovation. This combination creates ambivalent zones along the boulevard, which are not pedestrian- friendly nor supportive of retail activity. The plan encourages new buildings, fronting Boynton Beach Boulevard, to become interesting and aesthetically pleasing to all. The proposed maximum height is 75 feet. Buildings should have different massing and scale. These proposed buildings will have arcades over the sidewalks, balconies overlooking the street; some may be "stepped back" (the" stepped back" condition is that buildings have their upper floors stepped back from the street in order to 60 enhance the visual effect and to help mitigate the impact of the taller buildings from the street level). The arcades can be used for outside vending or dinning, and to help break the rhythm of a continuous storefront. Vertical elements such as towers on comer buildings are highly encouraged. The proposed use for these buildings is mixed-use. The buildings can be five to seven stories high, with office and/or retail combined on the ground, second and third floor, and with residential on the upper floors. The uses should be combined in order to create enough density to encourage a variety of local services and a more balanced mix of retail in the downtown area. Higher density of buildings fronting Boynton Beach Boulevard is also encouraged, since, higher density is directly associated with the health and success of the downtown. D. Creating Public Plazas Plazas created by wide sidewalks and buildings placement is highly recommended. The plazas can differ to include both smaller more intimate ones, and more spacious spaces enhanced with landmarks or focal points. The plan proposes different public gathering places (plazas) throughout out the boulevard. The objective of the redesigned Boynton Beach Boulevard is to facilitate the creation of a downtown where all citizens benefit. 61 2. Town Square Plan Town Square Plan ~ -~ Commun~ ~? ..... ......... R~evel~ent Plan ~ ~ , ........... AHe~tive 4 Thc To~ Squ=c consists of ~o= blocks in thc ~o~to~ a~ca o~ thc cji. ~oynton Beach ~ou]cv=d on ~c no~, S~ 2.d ~vcnuc on ~c sou~, ~cac~cst ~o~cv=d on thc west ~d ~ ]st ~t~cct on ~c c~t. ~c o~JgJna] p~osc o~ ~c p]~ was to c~catc ~pus whc~c "public ~d/or private ~cfions c~ assemble Jn one place'. 62 Both City Hall on the north and the library on the south are anchors to the existing tom square. Currently, The Children's Schoolhouse Museum serves as the most significant focal point in the Town Square Plan. 63 3. City Hall Block City Hall Block C~muni~ Figure 5.5. Ci~ 64 3. City Hall Block, Alternatives 4 and 5 The two alternatives are designed differently in the section of Town Square. The ~llternative 4 includes the original design for Town Square without the existing high school building, while the design of ~llternative 5 accounts for it. Figure 5.5A ALTERNATIVE 4: Proposed City Hall Block with trellis-type structure adjacent to the west wing. Figure 5.5B ALTERNATIVE 5: Proposed City Hall Block, no trellis-type structure. 65 Alternative 4 (with Trellis-type Structure, Figure 5.2): A. Additional Elements Added to Enhance the Existing City Hall Block The existing City Hall main entrance is to be enhanced by a larger atrium. This atrium would further create an interesting ambience inside the building. Outside the atrium structure would provide a terminating focal point and further enhance the overall appearance of City Hall building. The atrium-type building will have a straight connection to a paved driveway in the parking lot. The driveway around the city hall entrance will be improved with surface improvements, Royal Palm trees and a water fountain in a circular island. The second suggested element is the pedestrian sky bridge from City Hall over Boynton Beach Boulevard. The sky bridge would connect City Hall to the proposed City Hall Annex/Commercial building across the boulevard. The third proposed element is the closure of First Avenue at Seacrest Boulevard. The principal mason for the closure is pedestrian and traffic issues. The closure would also promote pedestrian-friendliness of Town Square. The fourth and last element proposed is a trellis-type structure erected just adjacent to the West Wing portion of City Hall. The trellis would replace the street opening of First Avenue on to Seacrest Boulevard. The trellis will help enhance the aesthetics of the block, will improve the connection between City Hall and the Children's School House Museum block, and create an outdoor space for employees and visitors. Alternative 5 (with no Trellis-type Structure, Figure 5.3): This block is proposed to be the same as in Alternative 4, except without the trellis-type structure. Instead, the entrance to the proposed parking structure that would be located immediately to the south replaces it. The existing parking around City Hall is paved through the center and Royal Palms are integrated on the rectangular-shaped island. 66 4. The Children's Schoolhouse Museum Block The Children's Museum Block ~ ..... _ ~an Dis~ct ~ ......... ,. ~ --~ Communi~ ~-~ ..... ........ Redevelopment Plan ........... Alternative 4 F~ure 5.6. Children ~ M~eum Block 67 4. The Children's Schoolhouse Museum Block, Alternatives 4 and 5 The two alternatives are designed differently in the section of Town Square. Alternative 4 includes the original design for Town Square without the existing high school building, while the design of Alternative 5 accounts for it. Figu~ 5.6A. ALTE~ATIVE 4: Proposed block with high sc~ol replaced with promenade. Figure 5.6A. ALTERNATIVE 5: Proposed Schoolhouse Museum block with High School building rehabilitate/preserved 68 Alternative 4 (High School Building demolished, Figure 5.1): A. The Principal Public Space: Public Lawn/Promenade The demolition of the old high school will strengthen the creation of a "Public Lawn /Promenade", the fundamental concept of public space which will generate a sense of community and social unity and interaction. The promenade will serve as a main "Walkway" through Town Square linking City Hall with the Library/Civic Center. This will be the principal public space. It will be surrounded by a mixture of public and private buildings that will guarantee a level of activity appropriate to the center of the city. The promenade will be lined on both sides with tall Royal Palm Trees. It will be a very symbolic space. The promenade would be an ideal setting to host communal activities, festivals, celebrations, markets and specialized functions. B. The City Square On the west side of the block, a green space fronting Seacrest Boulevard is proposed. This green area is called "City Square". A city square is essential to a city and should be scaled to match its environment. The proposed City Square is to contain a reflecting pool and generous amounts of shade when trees mature. The "City Square" should be designed to become very open, allowing the community and visitors to see one of Boynton's most prestigious existing landmarks, The Schoolhouse Children's Museum. Both the "Public Promenade" and the "City Square" would further enhance the existing Schoolhouse Children's Museum, the playground and the Amphitheater. C. Accommodating Parking Needs of Town Square: a Parking Structure A parking structure is being proposed in the east side of this block. The parking structure would be four stories high and aesthetically pleasing with articulated facades composed of balconies with hanging plants. Alternative 5 (High School Building rehabilitated, Figure 5.2): A. Alternative Location of a Parking Structure On the west side of the block, fronting Seacrest Boulevard a parking structure is being proposed to meet the parking demand generated by the use of the rehabilitated Old High School building. The parking structure would have an entrance from the southbound lane of Seacrest Boulevard, and another entrance through the City Hall. First Avenue is closed on this alternative as well. This parking structure should be 4 stories high. It would also have articulated facades With balconies and hanging planters designed to screen the old high school. A clear view to the Schoolhouse Children's Museum would preclude by the preservation of the high school. B. New Buildings for City Functions In the east side of this block, a set of two square buildings is proposed. These two buildings would be three to four stories high and should house city functions, such as meeting rooms 69 and extra children activity rooms. On the bottom floor, a museum store with delicatessen could be allowed. Between the buildings would remain sufficient space for an appropriately public plaza to be incorporated. 70 5. The Cultural Block The Cultural Block m .... ~an Distfl~ ~ ...... · - Redevelopment Plan ~ .......... A~emtive 4 F~re 5.7. ~e Cultural Bl~k 71 5. The Cultural Block The design recommendations for The Cultural Block are the same for both alternatives. Figure 5.7A: Proposed Cultural Block, both alternatives A. The Creation of a Public Space This block includes the continuation of the "City Square", the "Pedestrian Promenade", the New Civic Center/Auditorium, and the City Library and proposed expansion. On the west side of the block, the concept of "City Square" is continued but designed differently. In this section of the square there would be the typical town gazebo and green space used for either entertainment during special events or for open public meetings. No trees are proposed leaving the area open for use and visual vistas. The "Pedestrian Promenade" also continues on this block, this time serving as an interior pedestrian street. It connects City Hall with the library and the proposed Civic Center/Auditorium. B. The New Civic Center/Auditorium The new Civic Center/Auditorium would include, besides an auditorium, meetings rooms, flex space, an atrium, an outdoor terrace, and service area at the rear, providing a location for cultural and educational facilities. The building could be a joint public/private venture, and it has the potential for becoming one of Boynton's landmarks. The tower feature proposed on the southwest comer of the building should be tall and articulated at the top with an arcaded loggia that could be used as a "mirador" (a look-out tower). This tall tower could easily become an icon for the city given its uniqueness and height. The 72 building should feature a portico in the main entrance, thus making people feel welcome and setting a formal tone. C. The Roundabout A roundabout is being proposed to invite people from 2na Avenue and 1 st Street. The roundabout will include an area for Royal Palms in its center; placed in this location, it will become a terminating vista seen from the proposed atrium of City Hall. D. The Library Addition The library and the library addition are located at the bottom of the west section of Town Square. The addition is currently being designed as a two-story building in front (north) of the existing library. The existing location for the drive-thru and parking will not be altered by the proposed plan except that it will be upgraded with more trees. The existing Civic Center will remain. E. The Interactive Water Fountain The shuffleboard courts by the Madsen Center will be relocated. They will be replaced by an interactive water fountain. The public has unanimously embraced this idea. The interactive water fountain will be integrated in a park-like setting with trees on both sides. F. Town Homes/Parking Structure At the bottom of the far east section of Town Square, a parking structure with attached town homes is being proposed. The parking structure will be four or five stories in height and will also serve Town Square and the downtown area. The parking garage will be designed to be aesthetically pleasing with articulated facades composed of balconies with hanging plants. On the facade facing 2aa Avenue eight town homes are being proposed. The town homes will serve as a transitional element between the Town Square area and the single-family residential neighborhood across the street. The town homes will be designed with the garage entrance at the back, inside the parking structure. The town home facades will be very aesthetically pleasing with stoops, front yards and around three stories in height. 73 6. Seacrest Boulevard Seacrest Boulevard 74 6. Seacrest Boulevard The design recommendations for Seacrest Boulevard are the same for both alternatives ~e 1. Entryway Element i !~l A proposed entryway arch feature, an architectural landmark, would be placed at the entrance to Town Square and the Ocean District area, from the · ~ intersection of Seacrest Boulevard and Ocean Avenue. 2. Street For Seacrest Boulevard, a wide median lined by tall shaded trees is proposed, thus '~ !. ~] creating an appealing view. Again, the median will contribute to traffic and will invite pedestrians to cross the street. As it is currently designed, the intersection is not pedestrian-friendly. 3. A Roundabout Another roundabout is recommended at the intersection of Seacrest Boulevard and Ocean Avenue. The public felt that a roundabout in that particular location will serve as a transitional element along Seacrest Boulevard to properly accentuate the entrance to Ocean Avenue and the downtown. The roundabout will consist of single lane in all directions and it will not affect the vehicular flow. Roundabouts are relatively the safest intersections for vehicles and pedestrians. The redesigned Seacrest Boulevard will become a narrower, more attractive street. Figure 5.8A. Proposed Seacrest Boulevard. 75 7. Ocean Avenue Promenade Ocean Avenue Promenade 76 7. Ocean Avenue Promenade The design recommendations for Ocean ~4venue are the same for both alternatives. Figure 5.9A. Proposed Ocean Avenue Promenade. A. Street Ocean Avenue Promenade was redesigned about two years ago, in a community-led effort. The community vision was to create a less formal street than Boynton Beach Boulevard but yet interesting enough to become the downtown "Main Street". The scale of Ocean Avenue is smaller and more intimate than that of the major corridors. The proposed design enhancements of this redevelopment plan are for Ocean Avenue to become a "Main Street", with wide paved sidewalks making it pedestrian-friendly. The existing sidewalks can be improved in certain sections of the Avenue by making them wider, thus creating a sense of public space. Adjacent tenants could use the sidewalks as a place of outdoor gathering. Dependent on building placement and footprint, some sidewalks could extend into small intimate squares while others might merge into larger public plazas. These public plazas could be enhanced with public art or water features in the center. B. Buildings Fronting Ocean Avenue The existing buildings on Ocean Avenue are mostly multi-family, with the exception of two single-family homes. The plan proposes that any new buildings fronting Ocean Avenue maintain the same scale and be more aesthetically pleasing. The plan recommends diversity in building layout, to include linear buildings, u-shaped buildings to create outside gathering places, and some designed with more mass and have tower-like structures attached in order to create interesting focal points on the comers of the blocks. Maximum heights should not exceed of 45 feet. By the addition of arcades, the buildings will be brought closer to the sidewalk, creating a special, shaded walkway for pedestrians. Parking should be moved to the back, accessible from the alleys. 77 The plan proposes that all these buildings be mixed-use. The public suggestion was for the retail establishments on the first floor to be locally owned or operated. Some residents insisted that a neighborhood grocery store would greatly benefit the area. The office and residential uses can occupy higher floors. The intention of the plan for the Ocean Avenue Promenade is to create a "main street" where local residents and visitors to the downtown could gather harmoniously and comfortably. 78 8. FEC Railroad Tracks F FEC Railroad Tracks 79 8. FEC Railroad Tracks The design recommendations for FEC Railroad Tracks are the same for both alternatives. A. Guard Gates One of the most emphasized complaints from the public made about the study area concerned the safety at railroad crossings at Boynton Beach Boulevard and Ocean Avenue. This plan proposes that quad gates be installed at this intersection. Petle~ guard gates should also be to be included. B. Noise Barrier The second complaint the public made about the Railroad Tracks was the noise pollution at night. As the train crosses the intersections, the whistle on the locomotive is blown. In addition to quad gates the solution to the noise pollution proposed by the plan is to create a heavy landscape barrier on the west side of the tracks. This barrier should be-.~ wide and include a large number of shade trees. Fignre 5.10A. Proposed FEC 80 9. - 10. Single Family Residential and Multi-Family Residential Single Family Residential and Multi-Family Residential ~__._~ ~n Dis~ict ~ -~ Communi~ Redevelopment Plan ~ ......... AR~mative 4 Fi~nre 5.11. Single Family and Muhi-Family Residential 81 9. Single Family Residential Area This area shall be preserved essentially as it is, subject to owner enhancements. Figure 5.1lA. Existing single-family area, no changes proposed 10. Multi-Family Residential Area This area shall be preserved essentially as it is, subject to owner enhancements. Figure 5.1lB. Existing multi-family area, no changes proposed 82 Ocean District Community Redevelopment Plan Alternative 4 83 Ocean District Community Redevelopment Plan Alternative 5 84 86 87 SECTION VI RE C OMMENDA TIONS AND PR OJE C TS 90 RECOMMENDATIONS AND PR OJECTS 1. Specific Recommendations to Implement Redevelopment The programs and projects listed below will implement the redevelopment strategies discussed in the previous section. These programs and projects should be implemented to eliminate or decrease the blighting influences found in the Ocean District Community Redevelopment Area, as well as enhance the area's long term viability. Recommendation 1: Amend" Section III. Land Use Problem and Opportunities" of the Comprehensive Plan Future Land Use Support Documents. Purpose: To remove all recommendations inconsistent with the Ocean District Community Redevelopment Plan. Recommendation 2: Amend the Zoning Code to include specific regulations for the study area in the Mixed Use-Low Intensity Zoning District. Only minor adjustments to the Zoning Code may be necessary to implement the land use and zoning recommendations of the Ocean District Community Redevelopment Plan. The existing Mixed Use (MX) land use designation, in the adopted Boynton Beach Comprehensive Plan, originally adopted in 1989 is adequate to accommodate the mixed use development envisioned for the Boynton Beach Boulevard corridor, Ocean Avenue, and along the northeast border of the study area. The adopted Mixed Use-Low Intensity (MU-L) zoning district regulations, which permit the mix of uses envisioned in these areas, will need to be modified slightly for the specific area of the Ocean District to ensure compatibility with the scale, massing and 91 .RECOMMENDATIONS A ND PR OJECTS setbacks from surrounding existing development. The development of the existing zoning regulations foresaw such an event and includes the language "Height restrictions and densities may be further limited in certain geographic areas to further applicable redevelopment plans." Development and adoption of the amendments could be accomplished within a three-month time frame. Purpose: This will allow the development of the desired land uses in the district area. Recommendation 3: Develop signage standards that address in detail issues such as sign height; width; style; lettering; color; placement; landscaping; and, content. Define signage, including a definition concerning advertising on commercial vehicles and prohibition of parking such vehicles in a manner that constitutes signage proximate to the right-of-way. Require new signs or substantial repairs to existing signs to comply with the regulations. Purpose: Detailed sign regulations will greatly enhance the appearance of the district. Recommendation 4: Develop a design program for structures, signage and street furniture, that includes the implementation of a color palate and architectural themes in the context of the district. Purpose: The program will create a sense of identity and visual appeal for the redevelopment area. 92 E(~ OMMEND.4 TIONS.4ND PROJECTS 2. Specific Projects to Implement Redevelopment Project 1 - Public Parking: Town Square area adjacent to Seacrest Boulevard, the existing surface parking area west of 1st Street, and the area where the existing shuffle board courts are located could be developed with parking structures to serve the district area. The garage recommended to place the shuffleboard courts could be combined with town homes facing SE 2nd Avenue, to become a transitional element to the residential area on the south. Project 2 - Civic/Auditorium Centre: The building would be located adjacent to Ocean Avenue in the cultural block of Town Square. The building could be developed as a joint public/private venture. The square footage of the building should be around 95,000 Square feet. The new Civic Centre/Auditorium would include, an auditorium for 700 people, meetings rooms, flex space, atrium, and an outdoor terrace. The building would provide a location for cultural and educational facilities. The building has the potential of becoming one of Boynton's landmarks 93 94 SECTION VII NEIGHBORHOOD IMPACTS OF REDE VEL OPMENT A C TIVITIES 95 NEIGHBORHOOD IMPACTS OF REDEVELOPMENT A CTIVITIES 1. Neighborhood Impacts of Redevelopment Activities The redevelopment area contains a number of residential units. The following section describes the potential impacts of redevelopment efforts on residential neighborhoods within the redevelopment area. While the potential impacts of the recommended programs and projects have been identified, it is possible that impacts resulting from implementation of redevelopment actions may be undetermined. As a result, the potential neighborhood impacts of site specific projects will be evaluated as each is presented for consideration by the Community Redevelopment Agency. Traffic Circulation No independent traffic engineering analysis of the traffic impacts on the various roadways was done as part of this plan. A preliminary evaluation by the City Engineering Office indicates that existing local streets can easily accommodate the changed traffic conditions, and that Boynton Beach Boulevard can be constrained with only minimal impacts on traffic capacity. However, as the plan develops further, it may be necessary for the City of Boynton Beach to contract with an independent traffic engineering firm to evaluate traffic conditions based upon very defined traffic data and development scenarios. This future evaluation would serve as a basis for refined plan preparations as well as garnering support and approval from the Florida Department of Transportation who has jurisdiction on Boynton Beach Boulevard. Community Facilities and Services Redevelopment activity within the Ocean District redevelopment area is expected to have a positive impact on community facilities and services. The plan proposes to add a City 96 NEIGHBORHOOD IMPACTS OF REDEVELOPMENT ACTIVITIES annex building on Boynton Beach Boulevard, a Library-addition, and a new Civic/Auditorium Centre, which will house additional recreational and cultural programs. Effect on School Population There are no existing public schools within the redevelopment area. There are however, a number of schools located proximate to the redevelopment area that serves residents within the area. The following table shows the design capacity of permanent structures for these schools and the projected 2008 - 2009 student enrollment. Table 7.1. -- School Capacity and Enrollment, 2008-2009 School Capacity Enrollment F.I.S.H. * Forest Park Elementary 749 596 Crosspointe Elementary 996 791 Galaxy Elementary 633 591 Poinciana Elementary 922 680 Congress Middle 1,344 1,446 Boynton Beach High 2,476 2,845 Note: Poinciana Elementary is a magnet school · F.I.S.H. (Florida Inventory of School Houses) Source: Palm Beach County School District Planning & Real Estate Division As these data indicate, school capacity varies for each standard public school that serves the redevelopment area. Student projections show that capacity is available for all elementary schools serving the district. Conversely, both the middle school and high school will be overcrowded. One of the recommended components of this redevelopment plan includes the provision of additional housing units to strengthen the viability of the redevelopment in the downtown area. The additional housing units anticipated, however, will 97 NEIGtlB ORHOOD IMPACTS OF REDE VEL O ~PMENT A CTIVITIES likely be apartment units. Because of the unit style and location, it is likely that the resident population of these units will be predominantly single or two person households. As a result, the impact on the school population should be minimal. The effects of specific redevelopment projects with a residential component that creates a net increase in housing should be considered on an individual basis as they are proposed. Land Acquisition Both alternatives recognize that it may be necessary to pursue the acquisition of some properties in order to provide for the development of a new Auditorium/Civic Centre and a new City Hall Annex. Environmental Quali _ty The redevelopment programs and projects suggested by these plans are intended to improve the overall environmental quality. The architectural guidelines, improved signage and zoning changes will have a positive impact on surrounding residential areas. 98 SECTION VIII SOURCES OF REDEVELOPMENT FUNDING AND FINANCING 99 SOURCES OF REDE VEL OPMENT .FUNDING AND ~FINANCING 1. Sources of Redevelopment Funding and Financing Both proposed alternatives include improvements that will require public funding, though some form of public/private partnership could be envisaged for the new Civic Center and the parking structure attached to the proposed town homes in the southwest quadrant of the Ocean District. The construction cost of the Civic Center is estimated to be about $14 million (based on the actual per square foot contract price for the city of Palm Beach Convention center); the cost of the parking structures will mn approximately between $10,000 and $15,000 per parking space (depending on the parking structure's size and the resulting economies of scale). This section provides a general review of potential sources of funding for redevelopment programs, and a description of the funding sources applicable to each of the improvements or projects identified in the plan. Aside from the sources described below, grants from various sources may be available. In general, a variety of financing options are presently available to the Community Redevelopment Agency, which include the fOllowing: Tax Increment Revenues Tax increment is typically the major source of funding for redevelopment projects under the State of Florida Community Redevelopment Act. This increment, which is determined annually, is equal to 95 percent of the difference between the amount of ad valorem taxes levied each year by each applicable taxing authority on all taxable lands and buildings; property within the redevelopment area; and, the amount of ad valorem taxes that 100 SOURCES OF REDEVELOPMENT FUNDING .AND FIt~MNCING would have been produced by the current millage rates prior to establishment of the Redevelopment Trust Fund. Both of these amounts are exclusive of debt service millage of the taxing authorities. The ability of the Community Redevelopment Agency to utilize this funding method requires two key actions. The first is the establishment of a redevelopment trust fund as required by F.S. 163.387 as,the repository for increment tax funds. The second is the provision, by adopted ordinance of the City, for the funding of the redevelopment trust fund for the duration of the redevelopment plan. Redevelopment Revenue Bonds The provisions of F.S. 163.385 allow the City of Boynton Beach or the Boynton Beach CRA to issue revenue bonds to finance redevelopment actions, with the security for such bonds being based on the "anticipated assessed valuation of the completed community redevelopment." In this way, additional annual incremental increases in taxes generated within the CRA is used to finance the long term bond debt. Prior to the issuance of long term revenue bonds, the City or the CRA may issue bond anticipation notes to provide initial funding for redevelopment actions until sufficient tax increment funds are available to amortize a bond issue. General Revenue Bonds For the purposes of financing redevelopment action, the City of Boynton Beach may also issue general obligation bonds. These bonds are secured by debt service millage on the real property within the City and must receive voter approval. 101 SO UR CES OF REDE VEL OPMEN T FUNDING ~.4ND FIN~4 NCING Community Development Block Grants (CDBG) The City of Boynton Beach is a recipient of CDBG funding from the U.S. Department of Housing and Urban Development. These CDBG monies may be able to applicable to a variety of direct benefit programs in portions of the redevelopment area. Additionally, portions of the redevelopment area may be eligible for area-wide improvements, which includes capital improvement projects. Land Sales/Leases Acquisition of property, and in preparation for development, are powers available to the Community Redevelopment Agency under the provisions of Chapter 163, Florida Statutes. The resale or leasing of such land to private developers can provide another source of income within the CRA, as well assist in "jump starting" redevelopment efforts. Direct Borrowing From Lenders The CRA is also authorized to fund redevelopment projects and programs through direct borrowing of funds. Depending on the particular project funding requirements, the CRA may utilize both short and long term borrowing. Although terms and conditions may have a direct bearing on the use of a particular commercial lending institution, the CRA may be able to obtain a very competitive interest rate and terms. 102 SECTION IX REFERENCES 103 1. References City of Boynton Beach. Comprehensive Plan. Originally Adopted in1989. City of Boynton Beach. Future Land Use Support Document: Section VIII "Problems and Opportunities. 1989. City of Boynton Beach. Land Development Regulations "Chapter 2: Zoning." No date. City of Boynton Beach. "Official Future Land Use Map." May 2003. City of Boynton Beach. "Official Zoning Map." February 2003. Duncan Associates, Inc. Boynton Beach Vision 20/20 Redevelopment Master Plan. September 1998. Floridm Florida Statutes, Sec. 163, Part III. 2000 Supplement. Palm Beach County Property Appraisers Office. February 2001. Schwab,Twitty & Hansen. West Palm Beach. April 2003. 104 SECTION X A CKNO WLED GEMENTS 105 A CKNOWL.EDGEMENTS 1. Acknowledgements Citizen Participation Mr. and Mrs. John Bodine Maureen Hilbert Gordon Crawley M. Lewkoincz Larry Finkelstein Kim Longaere Mike Fitzpatrick Jean and Alvin Norgiel Ginny and Bob Foot Harvey Oyer Denise Hilbert Paul VanStelant Jose Alfaro Doug Hutchinson Kurt Bressner Eric Johnson Nancy Byrne Jeff Livergood Dan DeCarlo Wally Majors Arleen Dennison Pete Mazella Maxime Ducoste-A. Dep. Chief Jim Ness Arlette Duncan Joe Sciortino Virginia Farace Octavia Sherrod Chief Marshall Gage Samantha Sidlower Lusia Galva Dale Sugerman Wilfred Hawkins John Wildner Ocean District Project Team Quintus Greene, Director of Development Michael ~ Rumpf, Director of Planning & Zoning Margelly Beltran, Project Manager Dick Hudson, Senior Planner Hanna Matras, Planner 106 SECTION XI APPENDIX 107 Ocean District Community Redevelopment Plan Alternative 1 Ocean District Community Redevelopment Plan Alternative 2 Ocean District Community Redevelopment Plan Alternative 3 Ocean District Community Redevelopment Plan Preliminary Results Report I. Introduction: On Thursday, January 31, 2002, the City of Boynton Beach held an In-House Workshop with the participation from select city staff and upper level administration. The In-House Workshop, an intensive three-hour brainstorming session, was divided into several components: · Phase I Report Presentation · Presentation of the Town Square Conceptual Master Plan; and · Team Visioning Session. During the Visioning Session, participants were divided into three (3) groups, each facilitated by a representative from the Development Department, with the goal to design a conceptual master plan for the study area. Each group was" to let their imaginations run wild and think of the study area as a giant vacant lot". The workshop was concluded with the presentation of each team concept. On Thursday April 11, 2002, city staff held a two-and-one half hour (2 1/2) Public Visioning Session with local residents and property owners. The program was similar to the In-House Workshop. As an introduction, the attendees were shown slides from other cities as examples of successful redevelopment programs. Participants were then asked to join one of the four design groups each facilitated by a planner. This Preliminary Report presents the suggestions and proposals made by the individual teams for the study area, begining with each team response to the following questions: · What features they liked; What features they disliked; · What changes would they like to see; and · What would they not like to see changed. This report presents the four (4) conceptual plans and unified vision, and concludes with staff analysis of the similarities and differences in concepts developed by the respective teams. Staff generated a list of the top ten most frequently proposed ideas for the study area, which are synthesized and mixed into three conceptual alternatives. It is the intent of staff that the final conceptual alternatives be presented to the public and the City Commission. Staff will then prepare a final plan from the preferred concept. Ocean District Community Redevelopment Plan II. Study Area Map Ocean District Redevelopment Plan With Building Footprints BOYNTON ~CH BLVD BOYNTON BEACH BLVD 2ND AVE ~ST AVE 181 AVE 1ST AVE OCEAN AVE OCEAN AVE OCEAN 1ST AVE 1ST AVE l- Al ~u m m ~ 2ND AVE 2ND A~ - Ocean District Community Redevelopment Plan H. In-House Workshop Group Findings- Participants, Preferences and Sketches Group 1 Dick Hudson, Senior Planner Jose Alfaro, Planner Wilfred Hawkins, Assistant City Manager Octavia Sherrod, Manager of Community Development Pete Mazella, Assistant to Director of Utilities Nancy Byrne, Assistant Director of Development Hanna Matras, Economic Planner What They Liked: What They Disliked: 1. Cluster of cultural attractions 1. Zoning & Land Use (Variety) 2. Cluster of government facilities 2. Railroad corridor (plus & minus) 3. Proximity to marina project 3. Need to relocate M-1 uses 4. Availability of infrastructure What They Would Like to see: What They Would Not Like To See: 1.Encourage tom homes in the area 1. More areas zoned R-2 (duplexes) north of S.E. 1 st Ave. 2. Post Office to stay on South Side of 2. Entry way character to Boynton Boynton Beach Blvd. Beach Blvd. 3. Maintain single family area on southeast comer of study area 4. Opportunities for personal services and entertainment 5. Landscape on Seacrest Blvd. 6. Mixed-Use area fronting Ocean Avenue and Boynton Beach Blvd. 7. Height of buildings (34) Stories Ocean District Community Redevelopment Plan I~-HOUSE WORKSHOP GROUP SKETCHES Group 1 City Of Boynton Beach Developemnt Department Planning & Zoning Division Group 2 Margelly Beltran, Planner Eric Johnson, Planner Quintus Greene, Director of Development Dale Sugerman, Assistant City Manager Joe Sciortino, Director of Golf Course John Wildner, Director of Parks Jim Ness, Dep. Chief of Fire Department Barbara Meacham, Landscape Architect What ~They Liked: What They Disliked: 1. Block layout of study area 1. Poor pedestrian connections 2. Cluster of government facilities 2. Poor parking 3. Proximity to marina project/ 3. Development parcels not clustered bridge together for development 4. Availability of infrastructure 4. No central attraction 5. Ocean Avenue as a "Main Street" 5. Suburban zoning code for an urban 6. Existing mature trees in Town area Square 6. Underutilizafion of the commercial 7. Quick access to state highway parcels fronting Boynton Beach Blvd. 8. Low property acquisition cost 7. Visually nothing pleasing 9. Vacant lots adjacent to Railroad 8. Lack of color-everything 10. No drainage issue (new system) monotonous 11. Varied zoning uses 9. Residents (long established) 10.Boynton Beach Blvd. not pedestrian friendly What They Would Like to see: What They Would Not Like To See: 1.Satellite college campus 1. Maintaining police surface parking 2. Mixed-Use on Boynton Beach 2. Boynton Beach Blvd. to stay the Blvd. same 3. Preserve single family neighborhood 4. Buffering Railroad tracks 5. Create train station near tracks 6. Mixed-Use area (fronting Ocean Avenue) 7. Height of buildings (3-4) Stories 8. Town homes to replace existing condos and duplexes 9. More green areas Ocean District Community Redevelopment Plan IN-HOUSE WORKSHOP GROUP SKETCHES Group 2 City Of Boynton Beach Developemnt Department Planning & Zoning Division IN-HOUSE WORKSHOP GROUP SKETCHES Group 2 Sketch 2 City Of Boynton Beach Developemnt Department Planning & Zoning Division Group 3 Maxime Ducoste-A., Planner Lusia Galav, Principal Planner Jeff Livergood, Director of Public Works . Dan De Carlo, Neighborhood Specialist Kurt Bressner, City Manager Marshall Gage, Chief of Police Virginia Farace, Director of Library Wally Majors, Director of Recreation Dept. What They Liked: What They Disliked: 1. Municipal complex being a 1. Condo's at 1st Street are a detriment transition between east and west 2. Boynton Beach Blvd. 2. Ocean Avenue as a core 3. Lack of parking What They Would Like to see: What They Would Not Like To See: 1. Include residential area south of 2no Avenue to be included in project 2. Mix-Use on Boynton Beach Blvd. 3. Alleys to become walkways as a transitional element 4. Buffering Railroad Tracks; to become pedestrian walkway 5. Bicycle path on Ocean Avenue towards beach 6. Boynton Beach Blvd. east of Seacrest to be reduced in width, with on street parking and nice streetscape Ocean District Community Redevelopment Plan IN-HOUSE WORKSHOP GROUP SKETCHES Group 3 City Of Boynton Beach Developemnt Department Planning & Zoning Division II. Public Visioning Session Group Findings- Participants~ Preferences and Sketches Group 1 Margelly Beltran, Urban Designer/Planner Fred Violette, Resident/Owner Kaithleen Violette, Resident/Owner Karen Okenica, Resident/Owner Micheline Many, Resident/Owner Jack Dimke, Resident/Owner What They Liked: What They Disliked: 1. Ocean Avenue 1. Railroad Tracks: better gates and 2. Scale of study area night time horn blowing 2. Not incorporating Old High School into Town Square Plan What They Would Like to see: What They Would Not Like To See: 1.Dense landscape buffer along train 1. Not make any changes! tracks 2. Multi-story parking garage (South of Boynton Beach Blvd. and north of Ocean Avenue 3. Maintain single family area on southeast corner of study area 4. Preserve High School and incorporate into city complex connecting City Hall via above street covered walkway. 5. Return original street names; Palm Street (3ra Street) 6. Fountain (interactive?) across from old school. New park with sculpture garden setting. 7. Built townhomes where condos 8.Mixed Used 5 story buildings along Boynton Beach Blvd. 9. Pave wide sidewalks and landscape median on Boynton Beach Blvd. 10. Work on 50's color theme for area (Chevy Aqua, Studebaker Coral, Desoto Purple) Ocean District Community Redevelopment Plan PUBLIC VISIONING SESSION GROUP SKETCHES Group 1 City Of Boynton Beach Developemnt Department Plannino & Zoninc~ Division Group 2 Hanna Matras, Economic Planner Juis Leon Valdez, Resident/Owner Victoria Johnaon, Resident/Owner Karl. Hobschaidt, Resident/Owner Claudia Hobschaidt, Resident/Owner Michael A. Parker, Resident/Owner What ~Fhey Liked: What They Disliked: 1. High School building 1. City's reputation for doing Nothing 2. Ocean Avenue streetscape 2. No plans of City to save Old High improvements, school building 3. The many changes in Commission 4. Displacement of residents 5. Code Compliance building image What They Would Like to see: What They Would Not Like To See: 1.Constructing Paved Intersections 1. Post Office kept were presently is 2. Improved alleyways 3. Road right-of-way that was not used- Use it and make it a one-way street, along 3r~ Street 4. Historic district 5. Relocate Post Office building and have public buildings on NE comer of Boynton Beach Blvd. and Seacrest 6. Bed & Breakfast- maintain general outlook of street while allowing a variety of different businesses 7.Mixed Used 45' buildings along Boynton Beach Blvd. 8. Trolley services 9. Parking garages Ocean District Community Redevelopment Plan PUBLIC VISIONING SESSION GROUP SKETCHES City Of Boynton Beach Developemr~t Department Planning & Zoning Division Group 3 Mike Rumpf, Director of Planning and Zoning Irene Koumiss, Resident/Owner Libby Langan, Resident/Owner Denise Hilbert, Resident/Owner Anne C. Oneill, Resident/Owner Gordon Crawley, Resident/Owner What They Liked: What They Disliked: 1. Police Station in area 1. Post Office circulation and 2. Convenience/Deli use in vicinity appearance What They Would Like to see: What They Would Not Like To See: 1.Clothing stores 2. Major grocery shopping center 3. Maintain "Old" Florida character in the redevelopment effort 4. Keep convenience/deli store in area 5. Add sidewalks 6. Keep police station in neighborhood 7. Continue streetscape improvements on US-1 and 1st Street 8.Improvements should match existing scale and charm 9. Move Civic Center Ocean District Community Redevelopment Plan PUBLIC VISIONING SESSION GROUP SKETCHES Group 3 City Of Boynton Beach Developemnt Department Planning & Zoning Division Group 4 Quintus Greene, Director of Development Department Ruth Jones, Resident/Owner Patel Rajesh, Resident/Owner Bertha Welch, Resident/Owner Bu Kenyorr, Resident/Owner What They Liked: What They Disliked: 1. The Study area the way it is 1. Nothing currently What They Would Like to see: What They Would Not Like To See: 1.Retail in Boynton Beach Blvd. 1. Study area to change 2. Maybe mixed- use on Boynton Beach Blvd. 3.Maintain residential District Community Redevelopment Plan PUBLIC VISIONING SESSION GROUP SKETCHES Group 4 City Of Boynton Beach Developemnt Department Planning & Zoning Division IV. Staff Analysis of Group Findings A review of the seven individual group plans indicates that there where ten similar concepts or themes that each group included in their plans. These general common themes are discussed below. A. Zoning: The growing interest in mixed-use prompted most teams to suggest mixed use as a component of their design proposals. Also, groups recommended that building heights be increased above five stories. While a variety of permitted and prohibited uses were discussed, most teams suggested varying combinations of residential, retail and service commercial, office and civic/governmental uses. Allowable uses, mixture of uses, density and height limits, as well as other site-related controls are best regulated through amendments to the Future Land Use Map and rezonings. B. Architecture: The team promotes the creation of a sense of place within the study area, through the establishment of building scale, color and architectural style. Two teams specifically suggested that the style for new developments should be similar in character to what is existing: the "old Floridian" style. The teams also discussed the importance of preserving the existing scale within the study area, and 5 stories was suggested as the maximum height. C. Railroad Tracks: Nearly, all groups recommended the additions of considerable buffeting of the railroad tracks. They recognized both the sound mitigating benefits as well as the aesthetic enhancement of such buffeting. All of the public visioning teams felt that the existing crossing gates are not safe nor pedestrian-friendly. Another recommendation made by the groups is to use a train station theme to revive the historical character of the area. D. Parking and Vehicular/Pedestrian Interconnectivity: Several groups agreed that the surface parking lot on the northwest comer of Ocean Avenue and l~t Street was not ideally located and should be replaced with a higher and better use. They also suggested that the parking garage proposed on the Town Square Conceptual Plan should be moved to a vacant lot near the Railroad Tracks. One group recommended that the proposed parking garage and existing surface parking lot should be connected to the City Hall Complex via an above-ground, roofed pedestrian structure. Ocean District Community Redevelopment Plan The same team proposed a trolley system to connect the study area with the downtown. Many groups agreed that there should be more paver-enhanced intersections like the ones on Ocean Avenue, Boynton Beach Boulevard and Seacrest Boulevard. Most teams recommended that the city should redesign the streets in the study area to be more pedestrian-friendly with wider sidewalks, landscape "bump-outs" and visible crosswalks. One team suggested the use of the alleys for vehicular circulation, for interconnectivity and to reduce vehicle trips on collector and local streets. E. Boynton Beach Boulevard Most groups viewed the current speed of vehicles on this roadway as detrimental to the function of the study area. Not only did the groups see the high speed as a public safety concern, but also as a deterrent to pedestrian movement in the area. Recommendations included the installation of pedestrian cross-walks using brick pavers, landscaped roadway medians, street furniture, wider sidewalks and on-street parking to calm traffic speed. Many groups agreed on proposing mixed-use development fronting Boynton Beach Boulevard. The buildings were envisioned with commercial or office uses on first and residential on the upper floors. All groups recommended the addition of landscaping along the corridor. F. Town Square One-half of the in-house groups agreed that the proposed plan for Town Square was impressive and interesting and only suggested minor changes. However, the Public Visioning teams, criticized the conceptual plan mainly due to the elimination of some homes and the old high school. A controversial element in the plan is the demolition of the old high school building. Most of the public teams felt that the high school should be preserved and rehabilitated into a civic/theater space, and the area proposed on the plan as the new civic/auditorium space be mined into a park with an interactive fountain and a sculpture garden, "Center of Green Space." Some groups also recommended that lusher landscaping be planted with colorful flowers, instead of the colorless existing landscape. Overall, most teams agreed that Town Square should become a civic and cultural center for the city. G. Ocean Avenue: The teams proposed that Ocean Avenue become the downtown's main street. Ocean Avenue underwent a streetscape modification process that residents and owners were very please with. One team suggested that Bed & Breakfasts front the street along with a "light" mix-use development. Staff interprets as smaller scale buildings with max. heights of two stories. Another recommendation by the teams is to make the intersection of Seacrest Boulevard and Ocean Avenue more of a focal point, perhaps with a roundabout, creating a formal entry to Ocean Avenue and the downtown. The other suggestion was to design a bike path on Ocean Avenue that would take advantage of the connection of the bridge to the beach. Ocean District Community Redevelopment Plan H. Residential: Most of the teams agreed that the southeastern section of the study area should remain with single-family housing. Three teams proposed town-homes for the area between 1st Street and 3rd Street. Most teams agreed on integrating mixed-use (commercial/office and residential) development on Boynton Beach Boulevard and Ocean Avenue. Again teams desire to limit new buildings 5 (5) stories high. I. Concluding Remarks City staff will now begin the process of reviewing all options and generate three (3) conceptual design alternatives. These alternatives will then be presented to the public via another public workshop, followed by presenting the most preferred concept to the City Commission. A final plan will then be generated. Ocean District Community Redevelopment Plan XII. - LEGAL ITEM D.1 1 Draft Staff Review Pending 3 4 ORDINANCE NO. 03- 5 6 7 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 8 AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES TO ADD 9 AN NEW ARTICLE XII ENTITLED QUASI-JUDICIAL BOARDS; 10 ESTABLISHING A PROCEDURE FOR CREATION, 11 CONSOLIDATION AND ABOLISHMENT OF QUASI-JUDICIAL 12 BOARDS; APPOINTMENT OF MEMBERS TO QUASI-JUDICIAL 13 BOARDS, BOARD DUTIES AND RESPONSIBILITIES, TERMS OF 14 BOARD MEMBERS; PROVIDING FOR CONFLICTS, 15 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 16 .. WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to ~ ~ enact a written procedure for appointment of quasi-judicial Boards, outlining Board duties 19 and responsibilities, qualifications, terms of service, roles of procedure and ethical conduct 20 governing the appointees in the performance of their designated duties; and 21 22 WHEREAS, this Ordinance will serve as a valuable reference guide for all those in 23 whom the Commission and the public has placed its trust; and 24 25 WHEREAS, the City Commission of the City of Boynton Beach has determined that 26 the enactment of this Ordinance is in the best interests of the citizens of the City of Boynton 27 Beach, protects the integrity of City government, fosters public confidence in the actions of 28 the City, and will assist in ensuring that the City's elected and appointed officials abide by the 29 highest ethical standards; and 30 31 NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of 32 Boynton Beach, Florida, as follows: 33 34 Section 1. The foregoing whereas clauses are tree and correct and are now ratified 35 and confirmed by the City Commission. 36 Section 2. That Chapter 2. Administration is hereby amended by adding a new 3'~ Article XII, entitled "Quasi-Judicial Boards", as follows: 39 ARTICLE XII. QUASI-JUDICIAL BOARDS 1 S:\CA\Ordinances\draft ordinance\Quasi-judicial boards 012004.doc 2 2-160 Authority of Commission 3 4 Except as otherwise provided by law, the City Commission may, by ordinance, create, 5 modify, consolidate, or abolish quasi-judicial Boards (hereinafter "Boards") to assist the City 6 Commission in exercising the powers granted to the Commission by the Municipal Home 7 Rule Powers Act. 8 9 2-161 Chair and Vice-Chair 10 11 The City Commission, at the last Commission meeting in March of each year, commencing 12 March 2004, shall appoint the Chair and Vice-Chair of all Boards. The term of appointment 13 to the position of Chair or Vice Chair of a Board is one (1) year commencing the first 14 Tuesday in April following appoint. Board members may be appointed to consecutive terms 15 as Chair or Vice Chair, not to exceed three (3) consecutive terms. 16 17 The Chair or Vice Chair of a Board may be removed as Chair or Vice-Chair prior to the 18 expiration of his/her appointment by majority vote of the Commission. The removal of the 19 Chair or Vice-Chair shall have no effect on their status as an appointed member of the Board. 20 21 2-162 Ratification of Existing Boards 22 The powers and duties of the following quasi-judicial Boards, which exist on the date of 2,+ enactment of this ordinance, are hereby ratified: 25 Name of Board Date Created Enacting Ord. Number of Members Code 9/18/79 79-28 Regular: 7 Enforcement Alternates: 2 Board Nuisance 10/20/87 87-39 Regular: 5 Abatement Alternates: 1 Board Building Board 3/16/76 76-11 Regular: 7 of Adjustment & Alternates: 2 Appeal Planning and 1/19/71 71-1 Regular: 7 Development Alternates: 2 Board 26 27 28 2 S:\CA\Ordinances\drafi ordinance\Quasi-judicial boards 012004.doc 2-163 Qualifications for Board Appointment 2 3 Except when otherwise established by state statute, the City Commission shall determine the 4 qualifications necessary to serve on City Boards. 5 6 2-164 Appointment 7 8 Members of the City Commission, on a rotating basis, shall nominate Board Members for 9 appointment. If a member of the Commission makes no objection to the appointment, the 10 nominee shall be deemed appointed by consensus. If an objection is raised, a separate voice 11 vote shall be required to make the appointment. 12 13 2-165 Removal of Board Members 14 15 Board members appointed to Boards that are created by general law, special act, or City 16 charter, may be removed or suspended in accordance with the procedures set forth in 17 § 112.501, Florida Statutes. 18 19 All other Board members are subject to removal or suspension, with or without statement of 20 cause, by majority vote of the City Commission. 21 22 2-166 Absenteeism and Resignation z4 A Board member who is absent from three (3) Board meetings in one year shall be deemed to 25 have resigned he/her seat on the Board. The Commission shall thereafter declare and fill the 26 vacancy for the balance of the Board members term. A Board member who is replaced for 27 reason of absenteeism may not qualify for appointment to any City Board for a period of 28 twelve (12) months from declaration of vacancy. 29 30 2-167 Limitation on Appointments 31 32 In addition to the requirements of Sec 2-16 of the Code of Ordinances: 33 34 1. No person shall be appointed by the City Commission to a City quasi-judicial Board 35 unless the person has filed, no less than ten (10) days prior to the date of appointment, 36 an application for appointment with the City Clerk as required in Sec 2-16(g) of the 37 Code of Ordinances. 38 39 2. No City employee shall be appointed to or serve on a Board that conducts quasi- 40 judicial hearings. 41 42 3. No person may serve on more than one (1) quasi-judicial Board. 43 44 3 S:\CA\Ordinances\draft ordinance\Quasi-judicial boards 012004.doc 2 2-168 Rules of Procedure 3 4 Boards shall conduct their meeting in accordance with Roberts Rules of Order. A Board, 5 following approval by the City Commission, may use alternate or supplemental rules of 6 procedure. 7 8 Quasi-judicial hearings shall be conducted in a manner consistent with law and which 9 provides all interested persons with the opportunity to offer testimony, evidence, and cross- 10 examine witness. All witnesses must testify under oath or affirmation. 11 12 2-169 Ethical Conduct 13 14 All Board members are subject to the standards of ethics for public officers set forth in Part 15 III of Chapter 112, Florida Statutes. 16 17 18 SECTION 2. Severability. Should any section, provision, paragraph, sentence, clause 19 of word of this Ordinance or portion hereof be held or declared by any court of competent 20 jurisdiction to be unconstitutional or invalid, in part or application, it shall be considered as 21 eliminated and shall not affect the validity of the remaining portions or applications of this 22 Ordinance. .~'* SECTION 3. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or 25 parts thereof in conflict herewith, be and the same are hereby repealed to the extent of such 26 conflict. 27 28 SECTION 4. Codification. It is the intention of the City Commission of the City of 29 Boynton Beach, that the provisions of this Ordinance shall become and made a part of the Code 30 of Ordinances of the City of Boynton Beach, Florida, and that the Sections of this Ordinance 31 may be renumbered, re-lettered and the word "Ordinance" may be changed to "Section," 32 "Article" or other word or phrase in order to accomplish such intention. 33 34 SECTION 5. Effective Date. This Ordinance shall become effective immediately 35 upon its passage and adoption. 36 37 FIRST READING this __ day of ,2004. 38 SECOND, FINAL READING AND PASSAGE this ~ day of , 39 40 2004. 41 CITY OF BOYNTON BEACH, FLORIDA 42 43 ~' ' Mayor 4 S:\CA\Ordinances\draft ordinance\Quasi-judicial boards 012004.doc 2 Vice Mayor 3 4 5 Commissioner 6 7 8 Commissioner 9 10 11 Commissioner 12 ATTEST: 13 14 15 City Clerk 16 17 18 19 20 5 S:\CA\Ordinances\draft ordinance\Quasi-judicial boards O12004.doc Draft Staff review pending 3 4 ORDINANCE NO. 04- 5 6 7 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 8 FLORIDA, AMENDING SECTION 2-20 OF THE CODE OF 9 ORDINANCES REGARDING QUASI-JUDICIAL BOARDS; 10 PROVIDING FOR NOTICE AND PROCEDURES; PROVIDING 11 FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN 12 EFFECTIVE DATE. 13 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires 15 to enact a written procedure for conducting and giving notice of quasi-judicial hearings; 16 and 17 18 WHEREAS, the City Commission of the City of Boynton Beach has determined 19 that the enactment of this Ordinance is in the best interests of the citizens of the City of 20 Boynton Beach, protects the integrity of City government, fosters public confidence in 21 the actions of the City, and will assist in ensuring that the City's quasi-judicial hearing are 22 conducted with proper notice, opportunity to be heard, and opportunity to present 23 evidence and testimony; and 24 25 NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of 26 Boynton Beach, Florida, as follows: 27 28 Section 1. The foregoing whereas clauses are true and correct and are now ratified and 29 confirmed by the City Commission. 30 31 Section 2. That Chapter 2, Section 2-2- is amended as follows: 32 33 Sec. 2-20. Quasi-judicial proceedings before city commission or city board; 34 procedure for reconsideration of decision. 35 (a) For the purpose of this section the term Quasi-judicial proceeding" shall mean 36 hearings before the City Commission or Planning Development Board, and limited to the 37 following specific types of proceedings: S:\CA\Ordinances\Quasi-judicial hearings modified.doc 1/30/2004 1 1 (1) Variances; 2 (2) Rezonings; 3 (3) Appeals from administrative decisions of the building official or the 4 planning director; 5 (4) Master plan approvals; 6 (5) Site plan approvals; 7 (6) Modifications of site plans. 8 (7) Relief from requirements of the si~n code. 9 (8) Conditional use approvals 10 11 (b) Quasi-judicial hearings shall be conducted in a rammer which provides all 12 interested parties with the opportunity to testify, call witness, introduce evidence and 13 cross-exmnine witness. Testimony shall be under oath or affirmation. 'When. a proposed 14 development order comes before the City Commission having first been afforded a quasi- 15 _iudicial hearing before a City Board, the testimony and evidence submitted to a City 16 Board constitute part of the record of testimony and evidence before the City 17 Commission 18 19 (c) No quasi-judicial proceed shall proceed until proof of notice of the proceeding, in 20 affidavit tbrm, has been filed with the Office of the City Clerk. Proof of notice must 21 include the nmne and address of each property owner to whom notice was mailed m~d a 22 iph.otograph of each sign posted, as hereinafter required. The following notices must be 23 paid for and provided by the applicant: 24 25 1) All property owners, homeowner associations, and condominium 26 associations that own property within four hundred (400) feet of the 27 boundary line of the property which is the subject of the quasi-_judicial 28 hearing shall be mailed, by first class mail, a notice of hearing 29 postmarked no less than ten (10) calendar days prior to the heating. 30 31 2) One (1) sign for each street fi:ontage of the property shall be posted no 32 less than ten (10) days prior to the hearing. The sigj~ shall be legible 33 fi'om a distance of 100 :feet and shall contain a description of the 34 approval being sought, the date, time and location of the hearing, and a 35 statement that the application being considered is available for 36 inspection in the Development Department of the City Of Boynton 37 Beach. 38 39 40 3) When a quasi-judicial hearing is tabled or continued at the request of 41 an applicant, re-notice of the hearing shall be provided by the applicant 42 in the same manner as original notice. 43 44 (_db) The City Commission may reconsider its decision arising from a Quasi-judicial 45 proceeding only upon a motion to reconsider made at the meeting at which the decision 46 was rendered or upon written request of the mayor, the vice-mayor, or any single S:\CA\Ordinances\Quasi-judicial hearings modified.doc 1/30/2004 2 1 commissioner filed with the City Clerk provided such written request is made no later 2 than 12:00 noon on the third day following the Commission's decision of the quasi- 3 judicial proceeding. No quasi-judicial decision shall be considered final until the 4 expiration of the three (3) day time period without a motion to reconsider being made and 5 the entry of a written order approved by the City Attorney and signed by the City Clerk. 6 In the event a request for reconsideration is made pursuant to this subsection the applicant 7 or affected party shall be notified in writing and such notice shall be hand delivered, sent 8 by facsimile, or overnight delivery service. 9 10 (ee) When a motion for reconsideration is made and approved at the Commission 11 meeting at which the decision was rendered, the Commission may immediately 12 reconsider the matter before them or, the Commission may reconsider the matter at a later 13 time certain which shall be announced, at the meeting, to the applicant and the public. No 14 additional notice of the matter shall be necessary. 15 When a motion for reconsideration is made following the close of the Commission 16 meeting at which the decision is made, only the motion to reconsider shall be heard at the 17 next regular City Commission meeting. If the motion to reconsider is adopted by the 18 Commission, the matter which is the subject of the motion to reconsider shall be placed 19 on the next regular City Commission meeting agenda. The agenda item shall be noticed 20 in the same manner as the notice provided when the item was originally considered. 21 22 (£d) Any board may reconsider its decision arising from a quasi-judicial proceeding 23 only upon a motion to reconsider at the meeting at which the decision was rendered. 24 25 (ge) Reserved. 26 27 (h_f) To the extent of any conflict between the procedures set forth herein and Robert's 28 Rules of Procedure, the procedure set forth herein shall prevail. 29 30 31 32 SECTION 2. Severabili_ty. Should any section, provision, paragraph, sentence, 33 clause of word of this Ordinance or portion hereof be held or declared by any court of 34 competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be 35 considered as eliminated and shall not affect the validity of the remaining portions or 36 applications of this Ordinance. 37 38 SECTION 3. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or 39 parts thereof in conflict herewith, be and the same are hereby repealed to the extent of such 40 conflict. 41 42 SECTION 4. Codification. It is the intention of the City Commission of the City of 43 Boynton Beach, that the provisions of this Ordinance shall become and made a part of the 44 Code of Ordinances of the City of Boynton Beach, Florida, and that the Sections of this 45 Ordinance may be renumbered, re-lettered and the word "Ordinance" may be changed to 46 "Section," "Article" or other word or phrase in order to accomphsh such intention. S:\CA\Ordinances\Quasi-judicial hearings modified.doc 1/30/2004 3 1 2 SECTION 5. Effective Date. This Ordinance shall become effective immediately 3 upon its passage and adoption. 4 5 FIRST READING this __ day of ,2004. 6 SECOND, FINAL READING AND PASSAGE this __ day of , 7 8 2004. 9 CITY OF BOYNTON BEACH, FLORIDA 10 11 12 Mayor 13 14 15 Vice Mayor 16 17 18 Commissioner 19 20 21 Commissioner 22 23 24 Commissioner 25 ATTEST: 26 27 28 City Clerk 29 30 31 32 S:\CA\Ordinances\Quasi-judicial hearings modified.doc 1/30/2004 4 QUASI-JUDICIAL PROCEEDINGS BEFORE THE CITY COMMISSION~ 1. The Mayor announces the agenda item. 2. The City Attorney or City Clerk swears in all witnesses. 3. The City Attorney outlines the hearing procedure, including a statement that any member of the City Commission may, at any time during the presentation of testimony, question any witness. 4. Attorneys or other individuals acting in a representative capacity make their appearances. 5. City staff members present a summary of the issues before the Commission, testify as to their opinions and make recommendations for conditions of approval. 6. The Applicant presents its case, including acceptance or objection to proposed conditions of approval. 7. Supporters of the application present their case, offer their opinions, and cross- exam previous witnesses. 8. Opponents of the application present their case, offer their opinions, and cross- examine previous witnesses. 9. Other members of the public offer their opinions. 10. Rebuttal evidence and cross-examination of witnesses by applicant. 11. Re-questioning by Opponents, strictly limited to newly raised facts or opinions and closing comments. 12. Closing comments by applicant. 13. Closing comments by City staff. 14. Deliberation and questions by the Commission. 15. Final determination by the Commission. ~ These guidelines represent a generalized procedure for conducting quasi-judicial hearings and are subject to modification on a case-by-case basis. The controlling principle is that all interested parties have the opportunity to offer testimony, evidence and conduct cross-examination of witnesses. S:\CA\JAC\Quasi-Judicial Procedures Commission. DOC 1/30/2004 QUASI-JUDICIAL PROCEEDINGS BEFORE CITY BOARDS~ 1. The Chairperson announces the agenda item. 2. The City Attorney or City Clerk swears in all witnesses. 3. The City Attorney outlines the hearing procedure, including a statement that any member of the Board may, at any time during the presentation of testimony, question any witness. 4. Attorneys or other individuals acting in a representative capacity make their appearances. 5. City staff members present a summary of the issues before the Board, testify as to their opinions and make recommendations for conditions of approval. 6. The Applicant presents its case, including acceptance or objection to proposed conditions of approval. 7. Supporters of the application present their case, offer their opinions, and cross-exam previous witnesses. 8. Opponents of the application present their case, offer their opinions, and cross-examine previous witnesses. 9. Other members of the public offer their opinions. 10. Rebuttal evidence and cross-examination of witnesses by applicant. 11.Re-questioning by Opponents, strictly limited to newly raised facts or opinions and closing comments. 12. Closing comments by applicant. 13. Closing comments by City staff. 14. Deliberation and questions by the Board. Final determination by the Board. ~ These guidelines represent a generalized procedure for conducting quasi-judicial hearings and are subject to modification on a case-by-case basis. The controlling principle is that all interested parties have the opportunity to offer testimony, evidence and conduct cross-examination of witnesses. S:\CA\JAC\Quasi-Judicial Procedures Boards.doc 1/30/2004