Agenda 04-19-05
The City of
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100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
APRIL 19,2005
Jerry Taylor
Mayor
At Large
Bob Ensler
Commissioner
District I
Mack McCray
Vice Mayor
District II
Mike Ferguson
Commissioner
District "I
Carl McKoy
Commissioner
District IV
Kurt Bressner
City Manager
www.boynton-beach.org
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WELCOME
Thank you for attending the City Commission Meeting
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.
GENERAL RULES & PROCEDURES FOR PUBUC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
· 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).
OITY OF BOYNTON BEAOH
REGULAR CITY COMMISSION MEETING
AGENDA
April 19, 2005
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Dr. Solomon Rothstein, 2nd Police Chaplain
C. Pledge of Allegiance to the Flag led by Commissioner Carl McKoy
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:
None
B. Community and Special Events:
None
C. Presentations:
1. Proclamations:
a. Municipal Clerks Week May 1st _ 7th.
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE UMITED TO 3-MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3-minute allowance may need to be adjusted
depending on the level of business coming before the City Commission>
1
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
April 19, 2005
v. ADMINISTRATIVE:
A. Accept the resignation of Steve Miller, a regular member of the Advisory Board on
Children and Youth.
B. Accept the resignation of Margaret Newton, a regular member of the Education Advisory
Board.
C. Appointments to be made:
Appointment Length of Term
To Be Made Board Exoiration Date
I Ensler Adv. Bd. On Children & Youth Stu/Non-Voting 1 yr term to 4/06 Tabled (3)
I Ensler Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 Tabled (2)
II McCray Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 Tabled (2)
Mayor Taylor Adv. Bd On Children & Youth Reg 2 yr term to 4/06
III Ferguson Arts Commission Alt 1 yr term to 4/06 Tabled (2)
IV McKoy Arts Commission Alt 1 yr term to 4/06 Tabled (2)
III Ferguson Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/06 Tabled (2)
IV McKoy Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/06 Tabled (2)
I Ensler Bldg Bd of Adj & Appeals Reg 3 yr term to 4/08 Tabled (2)
IV McKoy Cemetery Board Alt 1 yr term to 4/06 Tabled (2)
Mayor Taylor Code Compliance Board Alt 1 yr term to 4/06
Mayor Taylor Code Compliance Board Alt 1 yr term to 4/06 Tabled (2)
IV McKoy Community Relations Board Alt 1 yr term to 4/06 Tabled (3)
IV McKoy Education Advisory Board Stu 1 yr term to 4/06 Tabled (3)
Mayor Taylor Education Advisory Board Reg 2 yr term to 4/07 Tabled (2)
I Ensler Education Advisory Board Reg 2 yr term to 4/07 Tabled (2)
II McCray Education Advisory Board Reg 2 yr term to 4/07 Tabled (2)
IV McKoy Education Advisory Board Alt 1 yr term to 4/06 Tabled (2)
Mayor Taylor Education Advisory Board Alt 1 yr term to 4/06 Tabled (2)
I Ensler Education Advisory Board Stu 1 yr term to 4/06 Tabled (2)
II McCray Education Advisory Board Reg 1 yr term to 4/06
IV McKoy Library Board Alt 1 yr term to 4/06 Tabled (2)
Mayor Taylor Library Board Alt 1 yr term to 4/06 Tabled (2)
I Ensler Senior Advisory Board Alt 1 yr term to 4/06 Tabled (2)
I Ensler Senior Advisory Board Aft 1 yr term to 4/07 Tabled (2)
IV McKoy Employees' Pension Board Reg 3 yr term to 4/08 Tabled (2)
2
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
April 19, 2005
VI. 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. Grant Funding Workshop -March 7, 2005
2. Agenda Preview Conference -April 1, 2005
3. Regular City Commission Meeting - April 5, 2005
B. Bids and Purchase Contracts - Recommend Approval _ All expenditures are
approved in the 2004-2005 Adopted Budget.
1.. Approve the "piggY-back" of the City of West Palm Beach, Bid #03/04-06,
to Florida Highway Products, Inc. for the Microsurfacing of Roadways in
the estimated amount of $180,743.20, plus a project funding contingency
of $4,256.80 for a total of $185,000.
2. Accept the written report to Commission of purchases over $10,000 for
the month of March, 2005.
C. Resolutions:
1. Proposed Resolution No. R05-061 RE: Approving and
authorizing execution of an Engineering Services Proposal for
$158,575.00 to Wantman Group to provide engineering and design
services for the design, permitting, building and services throughout
construction phases for the development of Jaycee Park.
2. Proposed Resolution No. R05-062 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Nelson and Maritza Castellanos for the property at 1235
Highland Rd., Lake Worth, FL (Ridge Grove L T 86).
3. Proposed Resolution No. R05-063 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Jack White for the property at 3823 N. Old Dixie Hwy, Delray
Beach, FL (AMND PL of Trade Wind Estates L TS 5 & 7).
3
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
April 19, 2005
4. Proposed Resolution No. R05-064 RE: Amending the
Cemetery Rules and Regulations to add a new rule requiring the use of a
concrete (at minimum) urn vault for cremated remains (cremains) in
Boynton Beach Memorial Park.
5. Proposed Resolution No. ROS-06S RE: Authorizing
the execution of Task Order No. 3 for $252,200 to Brown and Caldwell to
provide a Business Case Evaluation for the Utilities Department Capital
Program.
6. Proposed Resolution No. ROS-066 RE: AccePting an
Interlocal Agreement to provide funding for the demolition of the Boynton
Terrace Apartment complex.
D. Ratification of Planning & Development Board Action:
1. (This item has been moved to XIL Legal, B. Ordinances _ 1st
Reading, 1)
2. Citrus Park (MPMD 05-004) Request for Master Plan Modification to
reduce the minimum side setback for swimming pools from eight (8) feet
to three (3) feet for Lot #75.
3. Bovnton Beach Mal//Muvico (HTEX 05-003) Request for Height
Exception approval of 19' - 6" to allow decorative rooftop statues at a
height of 64'- 6" inches in lieu of the maximum of 45-feet allowed in the
C- 3 zoning district.
4. Boynton Beach Mall/Muvico (MSPM 05-001) Request for Major Site
Plan Modification approval to construct a 3,650 seat (79,500 square feet)
movie theatre and a 17,528 square foot addition to the Boynton Beach
Mall.
E. Ratification of CRA Action:
1. (This item has been moved to XII Legal, B. Ordinances -1st
Reading, 2)
F. Approve donation of $4,000.00 to the Boy Scouts of America from the forfeiture
fund.
G. Approve an expenditure of $33,210.00 from the Federal Justice Forfeiture Fund
in order to purchase 6 in-car digital video cameras. Supplier of the equipment is
Kustom Signals, Inc., pursuant to a State of Georgia contract.
4
Agenda
R.egUlar City CommiSSion Meeting
BOynton Beach, Florida
April 19, 2005
H. Authorize and approve applying for hazard mitigation funding (per City APM No,
01.02.12) from Department of Community Anairs, Division of Emergency
Management to caver the 2"' story Windows at City Hall With Miami Dade
approved hurricane window COVerings.
VII. COOE COMPLIANCE & lEGAL 5E11l.EMENTS:
I Award Contract to Demolition Contractor Frederico, Inc. of Delray Beach in the
amOunt of $336,800 for the demolition of the Boynton Terrace Apartment
Complex.
None
IIIII. PUBUC HEARING: 7:00 P.M. OR AS SOoN T1fEREAFTER AS THE AGENDA PERMns
A Project: BOynton Beach lofts (WAR 05-003)
(TABLED TO APRJL .19, 2005)
Agent: Bradley Miller, AICP, Miller Land Planning ConSUltants, Inc.
Owner: louis F. MaSCia/Boynton MotelllC
location: 623 South Federal Highway
DesCription: Request to amend the Future land Use designation /i-om local
Retail CommerCial (lRC) to Mixed Use (MX) (.I" READrNG OF
PROPOSED ORDrlV4NCE NO. 0$-0.19); and to rezone from
Community Commercial (C-3) to MiXed-Use low (MU-l) (.1ST
READrNG OF PROPOSED ORDrNANCE NO. OS-020)
1. Boynton Beach lofts (NW5P 05-008) _ 623 South Federal Highway_
Request for new site plan approval to Construct a miXed-use project
COnsisting of 48 multi-family dwelling Units, 5,364 square feet of retail
and 12,354 square feet of office on a 1.21-acre parcel in an MU-l Zoning
district. (TABl.ED 7r1 APRrl. .19, 2OOS)
2. BOYnton Beach lofts (1fTEJc 05-001) _ 623 South Federal Highway_
Request for a height exCeption of 3"2" pursuant to the City's Land
Development RegUlations, Chapter 2, ZOning, Section 4.F.2, to allow the
mechanical room hoUSing elevator/stair tower to be 78',2" in height, a
distance of 3'-2" aboVe the 70' maximum height allowed in the MiXed-Use
low (MU-l) Zoning district. (TABl.ED 7r1 APRrl. .19, 2ooS)
IX. CITY MANAGER'S REPORT:
A. Review three (3) short-listed engineering conSultants for the West Water
Treatment Plant Improvements.
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Agenda
Regular City Commission Meeting
Boynton Beach, Florida
April 19, 2005
X. FUTURE AGENDA ITEMS:
A. Management of Colors along Congress Avenue, Federal Highway, Gateway
Boulevard and Boynton Beach Boulevard (TABLED ON 8/3/04 based on
review by Planning & Development Board and eRA) (5/3/05)
B. Workshop regarding City 'Hall/Public Safety Space Needs Report (8/2/05)
C. Proposed Lease Agreement with Boynton Woman's Club (TBA)
D. Hurricane Design for Public Buildings (5/3/05)
E. City Manager's Evaluation (October 2005)
F. Commission Boundary Redistricting
XI. NEW BUSINESS:
A. Adaptive Reuse of Closed Landfill site owned by the City adjacent to the Boynton
Links Golf Course.
B. Agreement with Progress Telecom to provide broadband access to the CRA areas
and the Heart of Boynton area.
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 05-021 RE: Amending Ordinance
89-38 by amending the Future Land Use Element of the Comprehensive
Plan for a parcel owned by BMVFL-1, Inc., and located at 1801 Northeast
4th Street; changing the land use designation from High Density
Residential to Special High Density Residential.
2. Proposed Ordinance No. 05-022 RE: Application of
Boynton Village, LLC/Cornerstone Premier Communities, to rezone a
parcel of land, located at 1801 Northeast 4th Street from Multi Family
Residential (R-3) to Planned Unit Development (PUD).
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Agenda
Regular City Commission Meeting
Boynton Beach, Florida
April 19, 2005
B. Ordinances - 1st Reading
1. Proposed Ordinance No. 05-023 RE: Allowing a maximum
building height exceeding forty-five feet in height but not exceeding
seventy-five feet in height in a PID Mixed Use POD, providing application
for building with a height exceeding forty-five feet to be processed as a
conditional use.
2. Proposed Ordinance No. 05-024 RE: Amending the Land
Development Regulations to allow a Carwash as a conditional use in the
M-1 Zoning District.
C. Resolutions:
1. Proposed Resolution No. R05-060 RE: Authorizing
issuance of a "Notice of Intent" to create a temporary moratorium to
allow staff to review and revise zoning regulations on properties in M-1
Zoning Districts which front on specific roadways. (TABLED ON 4/5/05)
D. Other:
None
XIII. UNFINISHED BUSINESS:
A. Re-review Commission Decision on CRA and P&D review schedules.
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAlTER CONSIDERED AT THIS
MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACfIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACfIVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
FIRST DRAFT AGENDA 4/17/2005 11:34 AM
S:\CC\WP\CCAGENDA\AGENDAS\YEAR 2005\031505.DOC
7
III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
D April 5,2005 March ]4,2005 (Noon,) D June 7, 2005
[8J April] 9.2005 April 4, 2005 (Noon) D June 2],2005
D May 3. 2005 April] 8,2005 (Noon) D July 5, 2005
D May]7,2005 May 2, 2005 (Noon) D July] 9,2005
Date Final Form Must be Turned
in to City Clerk's Office
May ]6,2005 (Noon)
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June 6, 2005 (Noon)
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June 20, 2005 (Noon)
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July 5. 2005 (Noon)
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D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
D Announcement [8J Presentation
D City Manager's Report
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RECOMMENDATION:
Proclaim the week of May 1 through May 7, 2005 as "Municipal Clerks Week".
EXPLANATION: In 1969, the International Institute of Municipal Clerks (IIMC) initiated Municipal Clerks
Week to recognize the important role of Municipal Clerks in local government. Clerks help to administer the laws
and services that directly affect the daily lives of our citizens. They are dedicated professionals who play an
instrumental role in maintaining the efficiency and effectiveness of the public sector.
PROGRAM IMPACT: None
FISCAL IMPACT:
None
ALTERNATIVES:
The alternative to this recommendation would be to not issue this proclamation.
~ignature
City Clerk's Office
City Attorney / Finance / Human Resources
S:\CC\WP\CCAGENDA\Agenda Request Memos\200S\Agenda Item Request - Municipal Clerks Week - May 1-7, 200S,dot
II
WHEREAS, The Office of the Municipal Clerk, a time honored and vital part of local government, exists throughout
the world; and
WHEREAS, The Office of the Municipal Clerk is the oldest among public servants; and
WHEREAS, The Office of the Municipal Clerk provides the professional link between the citizens, the local
governing bodies, and agencies of government at other levels; and
WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal
service to all.
WHEREAS, The Municipal Clerk serves as the information center on functions of local government and community.
WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the
Municipal Clerk through participation in education programs, seminars, workshops, and the annual meetings of their state,
province, county, and international professional organizations.
WHEREAS, It is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk.
NOW, THEREFORE, I, Jerry Taylor, Mayor of the City of Boynton Beach, Florida, do recognize the week of May 1
through May 7,2005 as
"MUNICIPAL CLERKS WEEK"
and further extend appreciation to our Municipal Clerk, Janet M. Prainito, and to all Municipal Clerks for the vital
services they perform and their exemplary dedication to the communities they represent.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal ofthe City of Boynton Beach, Florida,
to be affixed at Boynton Beach, Florida, this 19th day of April in the Year 2005.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
S:ICCIWPICCAGENDAIProclamationslYear 2004IYear 20051Municipal Clerks Week - May 1-7, 2005.doc
v. ADMINISTRATIVE
ITEM A.
Steve Miller
27 A Crossing Circle
Boynton Beach, Florida 33435
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Mayor Jerry Taylor and
The City Commissioners
Boynton Beach City Hall
I 00 E. Boynton Beach Blvd.
Boynton Beach, Florida 33425
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Dear Honorable Mayor Taylor and Commissioners:
Please accept my resignation from the Children & Youth Advisory Board. I
find that I currently have too many professional commitments and would
most likely miss future meetings and I would like to end my volunteer
service in this manner.
Thank you for the opportunity to serve the city, which I will continue to do
my work in the community but I am unable to fulfill my obligations to the
Children & Youth Advisory Board at this time.
Cc: Janet Prainto, City Clerk
Steve Waldman, Chairman
Message
Page 1 of 1
V. ADMINISTRATIVE
ITEM B.
Farace, Virginia
From: Margaret Newton [newton@palmbeach.k12.fl.us]
Sent: Wednesday, April 06, 2005 10:03 AM
To: Farace, Virginia
Subject: RE: Meeting reminder
Hello, again due to schedule conflicts I will be unable to attend. Please accept my registration from the education board. Sorry It
did not work out for me. I was looking forward to working with you aand the board members.
Margaret Newton
-----Original Message-----
From: Farace, Virginia [mailto:FaraceV@Ci.boynton-beach.f1.us]
Sent: Monday, April 04, 2005 4:51 PM
To: Virginia Farace (farace_v@popmail.fim.edu); Anthony Gaspard; Bart Demezier; Christine G Moeller; Floyd Beil; Jean
Cairo; Jeffrey Andre; Joan Pleasants; Margaret Newton
Subject: Meeting reminder
There will be a meeting of the Education Advisory Board this Thursday, April 7, starting at 6:15, in the Library Program
Room. This is your only reminder as the agenda will not be mailed to you in advance. Please RSVP either by return email
or by calling Karen at 742-6380. Thanks.
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v. ADMINISTRATIVE
ITEM C.
APPLICANTS ELIGIBLE FOR APPOINTMENT 4/19/05
LAST FIRST 1 st CHOICE 2nd CHOICE 3rd CHOICE APPUCATION
NAME NAME SUBMITTED
Broenig Gerald Planning & Community 4/11/05
Development Board Development
Aoenev
Fitzpatrick Michael Planning & 2/25/05
Development Board
Gaspard Anthony Education Advisory 3/4/05
(Student) Board
Grcevic Sharon Planning and 12/20/04
Development Board
Hammer Patti Recreations & Parks 3/16/05
Board
James Robert Sr. Advisory Board Recreations & 4/5/05
Parks Board
Lashley Patricia Education Advisory 4/8/05
Board
Lender Wayne Community 1/28/05
Redevelopment
Aoenev
Mallon Melinda Education Advisory 4/8/05
Board
McMahon James Recreations & Parks Planning & 1/8/05
Board Development
Board
Nesbit Deborah Arts Commission Adv. Board on Education 2/28/05
Children and Advisory Board
Youth
Pacheco Diane Community Relations 2/10/05
Board
Sage Linda Arts Commission 3/24/05
JAP
4/12/200511 :13 AM
S:\CC\WP\BOARDS\APPMENTS\Board Year 2005\APPLlCANTS ELIGIBLE FOR APPT 4 19.doc
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VI.-CONSENT AGENDA
ITEM B.l.
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
Meetinl!: Dates in to City Clerk's Office Meetinl!: Dates in to City Clerk's Office
0 April 5, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon)
~ April 19,2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon)
0 May 3,2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF ~ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 UnfInished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Motion to approve the "piggy-back" of the CITY OF WEST PALM BEACH, BID #03/04-06, to
FLORIDA HIGHWAY PRODUCTS, INC. for the MICRO SURFACING OF ROADWAYS in the estimated amount of $
180,743.20, plus a project funding contingency of$ 4,256.80, for a total of$185,000.00.
EXPLANATION: Procurement Services received a request from Public WorkslEngineering Division to "piggy-back" the
City of West Palm Beach, Bid #03/04-06 to utilize Florida Highway Products, Inc. for the purpose of microsurfacing
roadways. This will assist in the repairs of deteriorating roadways throughout the City. All City streets have been inventoried
and their condition rated. The worst streets have been identifIed for immediate repair.
Procurement Services requests Commission's review, evaluation and approval.
PROGRAM IMPACT: Microsurfacing is a proven bituminous surface treatment that aids in stopping pavement oxidation
and surface failure. Microsurfacing is not an asphalt overlay and, as such, has an entirely different visual appearance. Proper
maintenance extends pavement life and reduces future costs.
FISCAL IMP ACT: Funds are allocated within the CIP budget as follows:
Account Description
Street Improvements
Account Number
302-4905-580-63-08
(Project #CP0266)
Budget
$ 260,000.00
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ALTERNATIVES: To continue with repair of isolated areas (potholes).
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City Attome~uman R"OIrrces
Financial Services-Procurement
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 05-037
TO:
Mary Munro
Assistant to the Finance Director
FROM:
George Mantell
Project Manager
DATE:
March 23,2005
RE:
Request for Contract Services for Microsurfacing
Proposal from Florida Highway Products, Inc.
Please proceed with preparing a purchase order for the above microsurfacing services by "piggy-backing"
onto the City of West Palm Beach's contract with Florida Highway Products, Inc. Their proposal is for
$180,743.20. This project has been initiated by the Department of Public Works/Engineering Division to
address repair of deteriorating roadways throughout the City. All streets have been evaluated and their
condition rated. The worst streets have been identified for immediate repair.
Should you have 'any questions or required additional information please feel free to contact me at ext.
6486.
Jeff 1 ergoorl, Director of Public Works
H. David Kelley, Jr., PE/PSM, City Engineer
S;\Engineering\Csd\Projects\Microsurfacing 2005\Memo to Finance - Request for PO for FL Highway Products.doc
lIicro-surfacing
Contractors
Florida Highway Products, Inc.
March 19, 2005
P.O. Box 928 · Bartow, FL 33831
3900 US Highway 17 N. · Bartow, FL 33830
(941) 533-7881 · FAX: (941) 533-4404
JeflTey Livergood, P.E., Director
Department of Public Works
City of Boynton Beach
222 NE 9th Avenue (pO Box 310)
Boynton Beach, Florida 33425-0310
VIA FACSIMILE: 561-742-6211
RE: Microsurfacing Proposal by Florida Highway Products, Inc. (FlIP)
Dear Jeff: .
Florida Highway Products and I are very pleased to have this opportunity to provide a proposal
for microswfacing the roadways reflected on the list provided me by your staff
Below are reflected the specific areas from the map provided me and the listed streets with
lengths, widths and square yards of each.
Street Name (Culdesac) Lem!tb (ft.) Width (ft.) Square Yards
SE2Ct 960 20 2,134
SE 3 Ct (80' dia.) + 125 20 (559) + 278
SE 4 Ct 267 20 593
SE 2 St 962 20 2,138
SE 34 Ave (85' dia.) + 1,879 20 (631) +4,176
SE 1 St 988 21 2,305
SE 35 Ave 469 22.5 1,173
S Lake Dr 1,345 20 2,989
Chapel Hill Blvd 1,914 12 2,552
1,891 12 2,522
(77' dia.) + 775 17.5 (518) +1,507
94 10 105
239 23 611
SW 6 St 2,474 20 5,498
655 4 291
SW 27 Way 1,812 20 4,027
SW 27 Terr 1,230 20 2,734
SW 27 Ave 443 20 985
SW 9 St 771 20 1,713
SW 25 PI 566 20 1,258
March 19,2005
Boynton Beach
Re: Microsurfacing Proposal
Page 2
Street Name (Culdesac) Len2th (ft.) Width (ft.) Sauare Yards
SW 25 Ave 236 22 577
SW 5 St 2,440 22 5,965
SW 7 St 628 20 1,396
SW28 Ave (70' dia.) + 1,775 20 (428) +3,945
SW 24 Ave 755 20 1,678
SW 27 PI 1,092 20 2,427
SW 23 Ter 244 29 786
(Top Half) 260 20 578
The above measurements and calculations reflect 2,136 sq. yds. of cul-de-sacs. and 56,314 sq.
yds. of roadways to be microsurfaced with a double course after crackfilling and leveling. I
estimate 145 tons ofleveling and 2,000 gallons of crackfill will be required to provide proper
maintenance on the listed roadways.
FlIP is pleased to offer the following existing contract for piggybacking:
· City of West Palm Beach Annual Microswfacing Contract :'\ y ,
Double Course of micro (28# - 32#/sq. yd.)@$2.34/!ft yd. (&~jJ' ~g. yc:I& ~J -: ~~~777' 7
Double Course (Cul-de-sacs.) @ $3.04/sq. yd. ~13~ ~.,- $4 ff.3.I./'I
Leveling @ $155.00/ton OJ/5~) * ~l),9/17S.d:)
Crackfilling @ $1O.00/gal. (~ooo aoI)'C,s.:Jo,ooo"oa
Based on these contract prices and my calculated and estimated quantities listed above, the total
project is estimated to cost $180,743.20 for all maintenance strategies recommended.
March 19,2005
Boynton Beach
Re: Microsurfacing Proposal
Page 3
I would respectfully suggest you issue a P.O. for $185,000 to provide a contingency to cover any
possible shortfall in my estimates for leveling and crackfill.
If you have any questions in this regard, please feel free to call me at your convenience at 954-
401-8107.
Again, I would like to express our appreciation for this opportunity to serve your City. Should
you desire to add to the project in any way, the unit prices provided will still be in effect through
the completion of this project
Most sincerely,
C. Depp
. onal Manager, FHP
".
cc: George Mantel, Supt. of Streets, Boynton Beach
Robert H. Maggard, Vice-Pres., Florida Highway Products, Inc.
FHP file
03/25/2005 10:56 FAX
_......._..,.__.._ _o._p-._'_" .'-- --.--- '--"--
III 001
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",Ci'eyJ~" ,
, " " , ,ORIGINAL
4J'fRN1lMENT NO.1 TO THIll ANNU~ MICROSlJRFACING ,o~cr
. :,.: '.:
"', ,.... ....
Sealed Bid No. 03/04-06
.. ,....,
rins AMENDMENT NO.: 1 TO THB ANNUAL MICROSURFACING CON'I'RACT
("~eodm~tNO. 1") is entered into by and betweei11he C~ 9F WEST'P ALM BEACH ~~ty")
and PLOlUDA'MGBWAY PRODUCTS, INC., a ~orida corporation~ located *t 3900 l!.S.
Highway 17 North. P.O. Box 928, Bartow, Florida, 33.831 ('Cotitractnr')~
BB'I1611I'
, , WHERBAs, the City'entered intothe AJmual Mi~iurfacing C~ dated February 2S,
. 2~4 (the ..~t"), w1~ the Contractor for the purpose offumillhing aJ11abor, tools, veliic1es
and supplies DeCellSlt)' fOr pe1'fozining a varlety of lOadway micr0surf'8.cing projects withi.n the
j1l1'isdictiODallimits orb City of West Palm BACh; and
. '
WHEREAS, the Agteement was valid for an iDit1a1 twelve (12) month term, mtpirlng
February 24, 2005, and prQVided for tbree.optional twelve (12) momh r=.ewal periods; and
WHEREAS, the City wishes to renew the ~ment for an a<Jd,itional twelvo (12) month
term;
""lIn8 .
p,
. ~
o~l':
Q.TY OF WEST PALM BEACH CONSTRUCTION-CONTRACT
This Contraet is made and entered into by and between THE CITY OF WEST PALM BEACH,
FLORIDA. a. mtmicipal corporation located at 200 Second Street, West Palm Beach, Florida
33401 (the "Owner") and FLORIDA HlOHW A Y PRODUCTS. INC., a Florida corporation
with a principal address of 3900 US Highway 17 North, Bartow, Florida, 33831 (the
"Contractor").
W1TNESSEnI. that the Contractor and the Owner, for the consideration hereinafter named,
agree as follows:
1. THE PROJECT
The Contractor hereby agrees to furnish aU the materials, equipment. and labor necessary to
perform in a good, firm, substantial, workmanlike manner all the work shown in the plans and
described in the specificatiom for tbe project entitled:
CITY OF WEST PALM BEACH, FLORIDA
Sealed Bid No. 03104-06
PROJECT TITLE: ~AL MlCROStJRFAClNG CONTRACT
PROJECT NO. VARIOUS
11. CONTRACT PRICE
A. Estimated EJq)enditureslAvailabilitv of Funds. The anticipated value of this contract for
the first annual term is: Three Huadred Forty-Two nO.I.nd Seven Handred Thirty-Nine
ud 00/100 Dollan (5342,739.00). The City reserves the right to increase or decrease the
anticipated value as necessary to meet actual requirements. The City does not guarantee any
minimum amount of wo~ or the extent of services required. It is Wlderstood and agreed that the
City's obligation to pay under this Contract is contingent upon an annual appropriation for its
purposes by the City Commission.
B. Pure~se Ordel'J. The City shalt request work hereunder by issuance of a Put'Chase Order
which shall specify the assillUX'eI1t, location and completion times. Contractor shall provide the
services requested under each Purchase Order, as indicated in accordance with the unit prices
provided in the bid and contained herein.
C. Pavment Payment will be made by the City for each Purchase Order after the work.
has been performed, accepted and properly invoiced. Invoices must bear the City's purchase
order number.
III. TIME OF COMPLETION AND LIOUIDATED DAMAGES
Time of Completion for the work authorized under each work order will be established at the
time of issuance of such work order and shall be of the essence. Contractor acknowledges that
failure to complete the Work under each work order by the indicated time of completion will
result in substantial damages to the Owner, the amount of which is difficult, if not impossible, to
ascertain as of the date of the bid and contract. If Contractor shaD fail to complete the work
under any work order within the time allotted. Contractor agrees to pay Owner $100 per calendar
day for each and every day the time for completion exceeds the time allowed for that purpose.
Owner shall and may deduct and retain the amount of such Uquidated damages out of any money
which may be due under this Contract Contractors Surety shall acknowledge it will be bound
by these provisions on liquidated damages on the face of Surety's Bond.
IV. CONTRACT TBRMIEXTENSION
The Contractor shall be awarded a contract for twelve (12) months. At the sole option of tbe
City, the contract may be renewed for up to three (3) additional twelve (12) month periods.
Options to renew will only be effective upon a written contract amendment ~ecuted by both
parties. Renewal terms and. conditions will be the same as the base contract except that the bid
prices will be subject to adjlmtmcnt, up or down, p~ to the Producer PriCe Index. The
index to be used for this purpose will be the Highway & Street Construction Index, Series ID
PCUBHWY# (N) categOIy as published by the U.S. Department of Labor. The index at the time
of advertisement of this project shall be the preliminary September 2003 Index value of 136.9.
The Contract shall commence on the date when the contract is executed by the City. Any
renewals will be subject to the appropriation of funds by the City.
V. CONTRACT OOCUMF.NT~
The Contractor agrees to complete all work in accordance with the following documents,
attached hereto and made a part hereof, coUectively referred to herein as "Contract Documents":
Agreement 2
Exhibit "1 "
Exhibit "2"
Exhibit "3"
Exhibit "4"
Exhibit "S"
Exhibit "6"
Exhibit "7"
Exhibit "8"
Exhibit "9"
Exhibit "10"
Exhibit "'11"
Exhibit "12~
Exhibit "13"
Exhibit "14,t
Exhibit "'1 SOl
Exhibit "16"
Exhibit '" 17"
Exhibit "18"
Exhibit 0119"
Exhibit "20"
Exhibit "21"
Exhibit "22"
General Terms and Conditions
Scope of Work I Special Terms and ConditiOIl8
Contractor's Proposal
Scbedule of Bid Items
Bidder's Bond and Relating Power of Attorney and Surety Certificate
Schedule of Subcontractors
Small Business Recommendation Form
Contractor's Statement of Small Business Subcontractor Participation
Subcontractors'List
Letters of Small Bosinas Intent
Small Business Office Good Faith Efforts (N/A)
Substitution Sheet
Contractor License Verification Form
Contractor References
Non-Collusion Affidavit
Drug Free Workplace Statement
Florida Trench Safety Compliance Certificate
PerfolDlance Bond. Labor and Materials Bond and Relating Power of Attorney
and Surety Certificate
Iosurance Certificates and Risk Management Compliance Certificate
Lienors Paid in Full (Form) Affidavit
Release of Lien (Form)
Technical Specifications and Drawings
The term "Contract" shall include all the terms and conditions and project requirements set forth
in the Invitation to Bid or RFP, any amendments thereto, the Proposal and this Contract, all of
which taken together form the Agreement. Except as otherwise specifically provided here~ in
the event of any conflict between the specific provisions of this Contract and the requirements or
provisions of the Invitation to BidIRFP. the provisions shall be given precedence in the following
order: (I) this Contract, (2) the Invitation to BidIRFP, (3) the Proposal.
Agreement 3
Wherever possible, the provjsions of the documents shall be construed in such manner as to
avoid conflicts between provisions of the various documents.
~(l~
PrintNarne:J6fM E 1I1Lm1.'J
Title: Gt~~A' MaAa,t...J
!ju rehtr'l '
~
CITY. 'F W P )
~: ~
I' J. F I, r -
Dated:
:L/~
. 2004
CRY A n'ORNEY'S OFACE
Approved CIS to form
An~
~e: -
Coatnctor:
FLORIDA HIGHWAY PRODUcrS, INC.
By.L--~~1 al/.I'.
p~ Name:.a . W AlA ",...0
Title: (JIt:J;. /J~I5.u'~AIT
Date: i'J...."J.~.'rJ .2004
Corporate Seal:
~ment 4
.......~:F.......~.l<<,;~._,...~Jo,..'l'. :.....
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Florida Highw.y Products, Inc.
A.ugust 18, 2003
PaCle 'Two
."
....
I-
SPECI~LT~ CLASSES OR woaK:
Asphalt Microsurfacinl'J........... - . . . . . .: . . . - . . . .. . . . . . . . . . . . _ . . . . . . . . . . .. :-:
___..:..:I. "_
Please be advised ch~ D~p.rtmen~ of Transportation h~5 considered your
company's qualificatio~ in all work C18SS~$ requested. We have 6ValU~;:~1
your companY'15 orc;ani:,:.!i.. ':'IJn. llu.nag8ment, w~rk experience, wotl< PQrtor:.:.::-.....~.
and adequac~' of i!ql.;ip!!I~'l":,- as direct:ed by sect.i.on }4-22. 003. Florida
.~dminisc.ral:i....e ~":o.iti. k.4$$d on this t:)vaJ.uation, the Depa.t'tment. 1:5 :-:":~: '::-0'0'
a~ thiS ti.!th~, tt':' :)~-.-..~l;,~~f~. your company lor the work ':la$s: G::a::..;!oi:~..
You may appl y. i II ~.:r i - ; I.:). to!: Cl R..v 1 $~d ~a rt. i ii::ate 0 ( Qua 1 if iCd;': i.:>r, ...... .:i::....
tillle prior to \:h.~ c;.:~;i:',.i-. ~rm date of th.i:o .~erti t"ic(:Il:e clc..:ordi.o9 ;:,') Sojl'~, ~.,:-.
14-22.0041 (31. ~~1,}: :.j", .~..:!minis\:rative Code. Please .be advised if
~Rrt;.f;..:''''ti.,:>n .;, ,-,:.:'i'" ......~ ('1.;$$')$ of wf).ck i5 ::le~irGd. ~c.c:J:::e~t;a';;."r. :-,
needed to shew tha1: YO:J:"" .~ompany has done l:Iuch work with - your own C':l:. ~!;." .,::{.
equipment or tha~ ~~p~!:~nc~ wa~ gained ~i~h.~noth6r contractor A~d ~:,6, ,..
have the necessary ~q~ipment for each additional class of work reqve~tf~.
Also, refer tCl thd :':'J!:e at the txlttom (If PagQ 16 of the Appl iCinion t::.=-
QU41itication wh*p. suppl jing addicional inioclaation.
Sincerely yours.
~.;6I~_&.~~ ~
Juanita Moore, Manager
Contc4cts Administrat:ion Offl~e
JM:vas
12189
'SE:E NOTES ON REVERSE :-: ~:)Ei
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NOTICE OF ADMINlSTR..TIVIP' ~G RldR'n;
You Qla)'RaquCltaa admiD.ImatIve bearing pwsaant II) Scetioas 120.569 and 120.57. Florida S1aIutes.
If you disagree wtib !be &ctS SIlled in the forcsoiDc Notice 0" l'n2oded Ocpar1ment Action (bcreinafter
Notice). you may request a formal admiuistrative heariDC puisclaat to Secrion 120.57(1), Florida Statu~. If
you agree with the faces SCIfcd in 1bc Notice. you may request III iDfonul adminlsntive hearina pursuant to
Section 120.57(2). Florida Statutes. .You must senCI.~ ~ NIlDeSttD:
Clerk: of Agcmcy Proceedings
Deparrmtllt ofT~OIl
Haydoo Buras ~w1ding
60S Suwaunee Striot, MS S8
r.Uahassec. Florida 323994tS8
The wriueo n:quest1br an Idminisnrivebearingmustcoofonn to the requircrncam ofeither Rult28-
106.201 (2) or 1WJe 28-106.301(2). Florida Administrative Code, aad muSt be ~ived by the C*" Df Agency
Proceedings by S:OO P.M.., no later than 10 days after you received the Notice. The written request for an
administrative hearing sbouJd include a copy of the Notice. IUd must be legible, On 8 ~ by 11 inch whilt
paper, and contain:
1. Your 1laIDe., address, teJephone number. aoy'Depanmin( idc:ntifying nllmber on theNoti~.
ifkoown, and JWDe, address, and ~lepbODe I1I1n1ber of your reprcsealative, it any;
2. An expJmation of bow your substantiaJ iJi~ will be affected by 1be action describecl in .
Ihc Notice;
3. A stll"ementofwben and how you received the Notice;
.,;.
4. A statement of 111 disputed issues ofmateria} &.ct. Ifthcre are none, you must so indicare;
5. A concise statement of the ultimate facts aIJeaed.as well as the roles and Jtat'Utes which
entitle you to relief; and
6. A. demand for relief.
A fOl"Dlal hcariDg wiD be held if there: are disputed issues of material fact If a fonaal bearing is he Id.
this matter will be rcfemd To 1I1e Divisioo of Administrative Hearings, where you may present witnesses and
evidence and cross examine other witotosses ~fore an Mmin~ve law judge. ff 1bere arc DO displlled issues
of material fact, au iaformaJ hearing will be held, in wh~ case you wiu have the right II) provide the
Dcpartmeo.t with any wrict= documentation or lepJ arpameots which you wish the Department to consider.
Medialion. plU'SUllltto Section 120.573. Florida Swutes. may be available ifagrecd to by aU panies.
and on such terms as may be aen=ed upon by all parties. The right Ie an adJuinistrativc bearinc is not affccted
when mediation docs not result in a settlement.
Ira wriUen tcqw:st for an administrative hwinC is nen timoJy received you will have waived your right
to have the intended action reviewed pursuant r(\ Chapter 120, Florida Statutes. and the KettOll set forth in the
NOlic:e shall be conclusive and iinaJ.
Any applicant for a certifICate of qualifi=ation who is aggrieved by the action of the Oepartmenr may,
within 10 days after receivina notitic&\ion of sudt acrion, request a bearing PUtsU3Jlt to Chaptet 1 20 Florida
Statutes (337.]4(6) F.S.).
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2003-04 UCENSE I CERTIFICATE OF USE ".0. eox~~:7~v:N~~~ee~'"
1 tOOJ4400. 8 PAVDIG/GRADDIG cotr,rR
FJDaIDA 8lGHWAY PRODUCTS UIC REGISTRATION
3900 US HWY 11 N
r-::;;;;;.:;-- ... CATeGORY
i IDPDO I ,.~.
OESCAfll~'ON
1OOlI1IZ CDIlTIlIlCT lIEU.ttO CV9C
FEE
12...
EXPIRES
SEPTEMBER
2004
C....NGES rl!"'AL f1F.$
THIS O~YM~.NT NOT VAL.lR
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'~~ano~ 'A~~:) }O suol~VrO~^ ule~.ao uodn pa~oA~2 ~o papu~Bns ~ Aew &Sn ~o a~v~lll~~a;.
. '.8:)lDUlP.xO }O ap<J:l 8 .Jt~l:l inn }O 6E-tt UO!::!o~s O";l ;auvns.:tnd ' ~IRG pas"F^pe ae{ &8881':
, a.:.t~aq+:md "81in '0 ale:)IUaJ8:> J asU8:)f1 14!UOAHdn:aoo $!lf~ '0 6u!,Sod 8IA 6u!pJ8ti8J Alln'8.1H:) suop:)nJIS
841 pe8.1 aseald 'MOlaq UMOlfs SJaqwnu sq, ~ x.I .10 8UQ4d8lal Aq sn aoeluo:J 01 8l1!l,$at( ,ou op aSBe
8:)UelS!sse 10 IiIq Ue:l aM Jl 'q~e Wl8d ,saM 10 Ap.:l elf' 10 I.llMOJ6 panU!lUO:a 81U U! uonedtoltJed .me
ale!:>>8Jdde I . .IeaA ss;)u~snq .00Z-&002: 81n .101 aso 10 81e:a!l!IJ&:l1 esua::>>n teuo!Jedn:>>:>>o JnoA s! S!~J.
~:
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'J&UMQ SS81.1lSne Je:.,
Si:ll^tl3S NOlJ.:Jf1IS.l SHe:> "0 .1H3W.1t1\"
H::>\139 W1Vd J.S3M :f0 A.i
Small Business Program
letter of Intent
Small a.liness Divlsioa
'T~ 1~ Street. S6 Floor
Wesl Palm Beach, FL 33401
Tel. (561) 659-8019
Fax (561) 6~2'9J1
In$lructions: The bidder/proposer will complete Section I. The Small Business subcontractor will completo Sections U and
Ill. It is the responsibility of the bidc:ledptoposer to verifY that th~ undelSianed is a City Certified Small Business. QaII
';itv Certif"aed Smallllusinesses can be used to meet the maJs established for this project/contract This completed form
will be required before contract award.
SECTION
I.
Geaerallntor.atioD
Bidder or Proposer's Name: P. V'"C"'Ck.... t-h"jl..u..iO-j Pvo cLu..c..t~, ~.
projcsct Name: Annual MicrosurCacinfl Contract
Sealed Bid or RFQ Number: 03104-06
Project Nwnber: Various
SECTION
lL
SaaH BusiDess Participation
. -11,.
fa"'fh1l',r\f .M~ j"~ ~~ ~
Po. YU'^e-V- IIU.t . -( !'
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$
1&Z05!:";
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SECTION
In.
laformatioD on the Small Business
(k f\"'oec..~5' .+- bb+-..'l~'4 ~~~-c:....~,-)
A\.ft V t~~)
Title: ({f)( f \.e( te;1rt.. q
Small Business Name: ~ e -(" ~ Tt"('cf-11(.
Name; L l \t., 6:"', ()l~' ,:k4; e ~:"I
" .
Signature: t/W Ii
/
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c., ~.,I' /',}--<1/
!/ t/ /
Date;
,'ip/,.,J
I I
form SA 07 OctOO
P-lI
Leua oflntem
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NONQOLLUSION AEfIDAVlT O~ p'RIME BIDDER
State of
r= I " I/'" l'dD..
l
County of r:b(~
~f- H. M~lU'd
(Namela)
1. Theyare tku. ~.~.{...
(Title)
)
. being first duly sworn, disposes and says that
,-'"
of F,-1dcL.. H~~ R..cl..d:s, JK. the Bidder that
(Name of Company)
has submitted the attached bid;
2. . He is fufly Informed respecting the preparation and contents of the IIUached bid and of all pertinent
circumstances respecting such Bid;
3. Such Bid is genuine and is not a collusive or Sham Bid;
4. Neither the said Bidder nor any of its officers, partners, owners, agents. representatives, employees or
parties In interest, including this affiant, has In any way coUuded. conspired. connived or agreed, directly or
indirectly WIth any other bidder, firm or person to submit . coIusive or sham Bid in coMeCtlon with the
contract for which the attached bid has been submitted or to refrain from bidding in connection with such
Contract or has In any manner, dlnlCtly or Indirectly. sought by !lI9reement or collusion or communication or
conference with IIny other Bideter. firm or person to fIX the pri~ or prices In the Bttadled Bid or of any other
Bidder. or to secure through any coluslon. conspftacy, connivance or unlawful egr-.nent any 8dvantage
against the City of West PaJm Beach or any person Interested in the proposed Contract: and
5. The price or prices quoted in the attached Bid are fair and proper and 81'8 not tainted by any collusion,
conspiracy. connivance or unlawful agreement on the part of the Bidder or any of Its agents.
representatives, owners, employees, or patties in interest, Including this afftant
STATE Of FLORIDA }
COUNTY Of PALM BEACH } SS:
The foregoing instrument was acknowledged befot8 me this ~ _~.... C\ :)('('I~
\ ~~ .
bi\<c\\~""\.: 'I ~<:.l ," l \o.~~<lJcL who Is penionally known to me or~ has produced
(Slgnect) {/'- .J/t ~ I /
(TItIe)Y,'c.tL p~;s~+
--
" ". Tamy. L. Hides
:- , . ~ Commb1iloIl II DDOt'mD
~ 1\; .. -us AUQ.. s. 2IIQ5
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P-16'. o;,~,~~ -__
NoncoUusion Affidavit
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crrY OF WEST PALM BEACH
DRUG FREE WORlrlLA~ FORM
The undtrsigned vendor in aceordanco' with Florida Statute 281.081 hereby certifies that
5C~Ga... H~w'j ~d.u..:.-h I Iw:.. .~. does~
(Name of Busincss)
1. Publish a sta1ement notifyiDa employees that tbo unlaw1W JnIftUfacIure. dislribution. cfispensina. possession. or use of a
controlled Nbstanc:c is prohibited in the workplaeoand specif)inc the actions that wUl betakca against employees for
violation of such prohibition.
2. Inform employees about the ctanaers of drug abuse In tho workplace. the business' policy of maintaining a dnag-free
workplace, any available drua counseling, ~Iitation. and employee assistanceprogmms. md 1be penIItlcs lbat may
be Imposed upon employees tor drua abuse violations. '
3. Give each employee engaged in providing the commodities or contractualsavices that are under bid a copy of the
statement specified in subscotion (1).
4. In theslatement specified in subsection (1), notift the employees 1hat.as a condirion ofwoddaaon the ~ities. or
c;OntraclUaJ ICI'Yfces that 8J'O under bid, Cbe employee will abide by the terms of the staIemeIlt, and will notify the
employer of any conviction of; 01' plea or &uili:Y. or 11/)10 ctJ1Wndh to my violatian of a.apter 1893, 01' of any
controUed Nbstancc law of the United States. or any 'State. for a violation oocuning in the workpa.ce DO latetthan five
(5) d8ys after such conviction.
s. Impose a sanction on. or require the satisfadol)' pltticipation in a dru, atiusc assistance, or rehabintatiOl'l propm, if
such is available in the cmplO)'eO's community, by any employee who is so convicted.
6. Make a good faith effort to continuo to maintain a drug.&ee workplace ttuough implementation of chis section.
As the person authorized to sign the statement, I certity that this !inn compUes tully wirh the above requirements.
t-U. '::-71 ~
Blddets Signature
De.c, q Zoo3
J
Date.
. P-17
Drug Free Workplace
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FLORIDA '[RENCH SAFETY GOMPLIANCE
Bidder acknowledges that Included in the va~ ~'~ the..proposal end In the Totel Bid Price ere costs for
complying with the Florida Trench Safety Act (90-96), l8WI ~ fl., effective Qctober 1, 1990. T~ bidder further
identifies the costs to be summarized below:
Trench Safety
Measure
{Description}
/L#t
7
Units of
Measure
{LF ,SY}
Unl
Quantity
Unit
'cOst
&tended
Cost
A.
'B.
C.
0..
E.
F.
FAILURE TO COMPLETE THE ABOVE MAY RESUlT IN THE BID. BEING OECLARED NON-
RESPONSIVE.
/P-18
Trcnc:h Safety
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JEll BUSt(
C::()\'EK~OIl
Florida Department of Jf~
605 Suwonnee Street
ToIlahossee, fL ~2;l99.0450
J(hl~ "81U::L'
S'{('Hn'..\It\.
J;u.;r:..:s- ~;;, 2:)O~}
naricia HitJ~lItcil':' : :....l:..:~.:s. r~(:.
P. O. Box ns
Bart"w, FL J ,.... .',
......
Gent:lemen:
:~}~: CF:xTIFICATL=: :J;- i)::.n.U:'!C,''irON
THe Der.~l'tlnanr. of i'r<lf.::porcation has ~ualifi~d YOlolt ;;ompany for I;!',,~ ..01".,.:.'
and the type OJ work .:.:!dicaced below. ~1:"'tJE<S.$ )(''J;Jr colt.1-lany ~s n.-,t.l.:':'-.::.:
oCherwise, l.hi$ !..1. Lng will 8>tpire SepcerF.b~r..3t), 2004.
Please take l~O\.l ~~1 that to ensura continuil:Y in '~our cercificatio;: ...
thirty (30~ .ja,;,~ :Jl~St be allowed for the !Jn~Ca!lsifl'-l of your ~ ;:~~'._:'.. , ..
for qUaliti':ati~~. In accordance with 5.337.14 (1) F.S. your next appl~eation
aU5t b. riled withi.n (4) aontha of the andi.ng dat:Ail of tha app~.icant's audited
annual financial stat.a8nts and, ~f applicable, the audited interim financial
at:ateaents. Te.: rfmair. qualified with the Dep...rr.mer.r, a new appll;::..!;!,:.:: :~..S.
be subllit~ed sui:;::':'~lH~r.: to any :9ionitic..!!:: .:::tClOae..to the tin6n:;:", ;::..:;:.
or the stru~-:tla'c. ~f. yo:.;!' firm as describad in ~ect.i.on 14-22.005 !]:. ... ..:,.
Adm!nlstrGciv~ ~~d~.
MAXIMUM CAP.~r;n:. KA'fll\lG: $28~~50,OOO.O()
WORK CLASS RA1'!NGS:
1. Major E~idqe~:
a. Br .l.dq<!s ~~hiL-:h include Bascule Spail~,............... . . . . . . , . . . . . . . .
b. Bridges hn~cn include Curved Steel Gi!de~s....... ......... ""
c, 3ridqe:3 ......jetl M:.!lti-Level Roadways.................................
:j, ari!j~i~~ -:.i;" C."Hl::~~r.e- Se:Zlllen!:al t":r:;Hil'r'..:'" !f:!"..,......................
::. .arid~F,;;:~~ :J:.!:h ~:':~~]ud~ Sto'!e! T:-~..!;:: :~v:,:,'-'IJ":-.~::.r:...tl.'."'.""
;.. !.:' i:;:;,....~.~ .::.: ::~ l.n'.;lud,: C:l~i.e .:~~...._:':: :.:;:!~;t.!'.';:'L ~O!!.. ...o..... . .
.:;. ~ to ;.'::'~.f=~~
~"';!"...:e"Jt:ional .=on.stc!;~.. ;'0;'1 :';flj~!J -!it"j OV9:.: ~ ..:-;!-.:
;:-.;::~:.,:r:.i J.il.:.~ :'!el. or i:\ore................................
2. !f:l;er.TI\.:;,dLH.f~ :~: :'..iq'~~ :arid~&.~ ;:ha:; cO~:t'::lii. !'.O:IO:: .:of: the Lj'"y(; .:.:.
7:cm5t!::;....:\>:.. ;:::::..:'1 ::Hi<:T. Maj.::r. B.ci.i:,'.':: .,.....l :;!-'.;.!: le!I',l::ns i:!:~.>:.. .:.. :
l:~' t~t.:.. ..:r:....: :'. :"':J~I.;:! :;!. ;d.:..J..............................
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Small Businesa Prognm
I.ett~' of Intent
Sm" B....... DIvWo..
200""" Street, S.ll'Ioor .:'
West Paiiii Baell, FL33.401
TeL (561) 6S9-802,
Fu.(~.)~~~
=... .
Instructions: The bidcIe.rIpropos will complete Secticm I. The Small Business lUOOoub.ctor will COIDpIcte Sections nand
m.lt is the teSpODsibiUf;y oftbe bjddr:rfproposer to ~ that the UQder$ianed iI a CiIlY Cerdfied SaaIII BusiDeu. gm
at)' Certified Small BlSfn- c:an ~ used to mi!W" the _Is established for this projec:llc:ollCnlct. TIlis COlllpleted font
will be required before eatnet award.
SECTI.ON
L
GQ....II.fona.tioa
BjdderorPJoposetI.Namc: l=Jcnr~ f-{~lu.J~ P~cl",""h f Iu..c.-
Project Name: Annual Microswfacing ConInct
Scaled Bid or llPQ Number: Q31fM-06
Prcdcct Number. Various
SECI'ION
Do
SaaaD Basia.. ParticlpatioD
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SECTION ID. lafonaado. OD the SmaU Busiaess
Small BusiuessNamc: (2e: V~/M/Ji!'D . .IAJl!.. .
:::w~ · : ~E~ ~
c:7?
~
Ponn sa 07 OcIOO
P-ll
Letter of Intent
..,
.-~
~ .
Suhmit this form ~ when you do aot lIleetthe pll established for this bid, eithercomplefdyor
partially. See the fonn for instructions. This fonn II 80t included with the sealed bid package. You
can oblBin copies of this form by calling 5(;1-6S9-8029..~#
- ,
~
S8
P-12/
Good Faith Effort
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CITYOFWESTgALM BEACI\.FLORlDA
PROJECT NO. Various SEALED BID' NO. 03tCJ4.f;I6
PROJECT: Annual IIIcroa~rfaclna Contract
,--
3UBSTlTUTIoQ SHEET
OESCRIPTION
OR
BID ITEM NO.
MAKE
SPECIFIED
PROPOSED
suasn~loN
,
ADD
DEDUCT
;fA
$
$
s
$
$
$
$
$
s
$
$
s
$
$
P.13
Substitution Sheer
~
CITY OF WEST PALM BeACH
PROJECT NO.:"Varfous SEALED BID NO..03lO4-OS
PROJECT: Annual Mlcroaurr,clna Contract
CONTRACTQR .VERif?icAtroN FORM
THE FOlLOWING IS TO COMPlETED BY PRIME BIQP~fl:
Name 'of Finn: Ho....deL J-h~~ J+odu..c:..-h. ~.
Corporate Title: Vree... A--c.~ick.",+
Address: RO,80,,- 4Zce (3fOO U~. H't1"~ " IJ.)
e>cu+ov.,) q:=-L ~::;J!.~l
I
:.
,. ~
By: 1<0 bu-I- l-t. /'A ~~AJrd
(print name)
~./t. ~ I r-
(Authorized Sign8tUre)
Telephone:
(Zip Code)
. v...~ Pn..sr~4--
(Print tile)
Fax:
(.8'3) 5'~, -7lj8 I
(4." A3 - 44<>4-
EDOI Qe~Q...~;-f.,'~4,C:>~(ATTACH COPY)
2ZC>"'O~ODO!S~ (~U":.. c..) (ATTACH COpy)
-.; ..
State license #
County License II
City license: (ATTACH copy OF CITY CONSTRUcnON SERVICES APPUCATION FOR
OCCUPATIONAL lICeNSE OR OFFICIAL RECEIPT FOR REGISTRATION)
Type oflic:ense: ~"j"'1 ,c:i'r-.d.j'~ J 1='le.tIO.b~ P4.."i~~.s~'l ~
Unlimited ~
ff -NO", Umited to what trade? Ru,,"! I G radt"-j. 'R.e.~~bI.c.. P....ii~ A~ tAi~V'D~U~~
P-14 '
ConIractor Verific:auOn
..
.:.. :.<<
.
UNITED STATES FIRE INSURANCE COMPANY
NEW YORKl,.NEW_YORK
STATEMENT AS OF DECEMBER 31.2002
ASSETS
",.
, UABWTIES AND SURPLUS
Loaes and Loss
Ad~
ExpcDset........---.-.-. Sl.S18.H~962
Tacslllld
Expeuos..-...-.... 44,Q)O,489
t1aDInIaI
1'nImi1nnI._._...._. 229.642,799
0Ibet r 1~ ......_. OSJO.3'I.<439)
BOIId.s.__........__......... sl~.m&.I05
CDINbOn Stocb _........... 169,751,218
CaIb aDd BMk
n.-. -..-..--..... (13.401.691)
$lion TeD
mve.sIIhc:aU ..._.._......._. 98,294,~
Pn:miual RaJ..........
1t.oceiftbJc...__..__..... 140.666.1904-
Bqaitica am! D.potiCl
fa Pools ud
Aa.......-a:UIHr -.-........... 3,132.,399
0Ibcr Aasea..._...._...,_.. 22A.l0'."I&:i
CIpiIaI--;....--.-... $4.586.262
Paid iD IDd
ConDibll1ed
SupIas .-..-__.... 2'74.!29M9
0dIcr SatplWl ......_..... 324.SOCS.S'29
Suzplus TO
PoIic7IIoIdera ...-..... G03.422.4PO
1braI MIml1IIIlcI Asseu
S2.00t5.286.301
Totd IIabU.ideI "'sarpIa$
$2,006.286,30 1
N~: Bondi aIl4 c::lolIwo4 SIoaIt IIl'a valued ill lICCCIIdaaOe with Ibr: buia IlIopIcd by Ibe NadoGa)
A--.",,", otlAnraacc o--~
Odaar 'H_hClloW. IIIId odNr .pIp_ iacludc $SOS.2 adUlOn tb)m lbe COll1plDl'$ ~w;
~"""'a:aloar .
.sTAre 01' NEW JERSEr
}
$1.
COUN'l'T OF MOBRIS
DENNIS J.ILUOIEa.ScaF VIGIl PIuideat. eo..au.r 8Ild Jll:TBB.I. DALY. StIIiGrVIlZ
I'IcaidcDt of t1alIIcI s.... Fiat ......... c-p..y ~ daaly ...... ... .. ......., __ ... says at tile)< 11m 1be
abowII....... omcca or.... old ~.us ..... :U.411J Gf ~. 2001 file OnfIa1.,.uy flMafll~
'Ibe..... tiadb. ia dID ~ swemeat -_ ~ _ ... &Ylli1abIt for die: ,.,....411.... IIIId clallI\I8AC1
IIeJd (or_ pI'OIOCho.. of ia polkrbotdm and cndifoad.o~u ~ '-'icoo.......-4.........., _.~
II . cor.- ~ at ... __ and UebiU&iel or... MId CoIapmy eft .. 31- d~ 01 Dr ..ea-. 2OO1-=ol'diftc to daa
bG<< q~b:ir' IIld 0cIW .~..q.
4R...........1;;; 0-.._______
S~"C_/er
S ~1~ ~.JJ2~
~m J*~
A- . ~
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~-.... JER'i
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SWODIIIIl Cll
31- clay at Man:Il. 2003.
~Q~'
c.u-tM A. Snc:IMlge
NQ1'ARY ......., ... ..,. JIiIlSaY
II'IQI.r 11I111N...... oNLY 130 11IM
. ~#:i~~...' -: .~~
.. .. :"~f-.f~iIi3rr:::;::7;.'.~:\ . . ':'.:.
. 'err( OFM$T PALM BEACH.
PROJECT No. Var~U8 . . .: .~... Project Name: nu
o. _~ :~.' :
.... .
. .
-
SCHEDULE OF SUBCONTRACTORS
The foIlowi1g Is a exxnplete list of aD 8~ Utilized fat this project:
Dadar amount of
sUbcon~ct work
S 13./j~o.~
r
1.
a c, t.J~~ir1t:kuJ ...I". c..
(company name)
SMs AVDCQ do. /5/1/4
(address)
tck./-1lA... &I.. 3 ~/f
(zip code)
2.
~ erts ?;r"/J..4':'"G.More1A4
: (c:ompany name) ,J
ZZ/Q Af':) 51.
t/.If~J)"CZ 3~OZo
(.zip code)
1-IaJ;~~..h
5 ~ /-~4-Z- ""/ 3~S'
(tel. #)
fS9-Z0C9~79
(federal L ..)
/l.,,~I-/YI__b~
(type of work)
Q54--9ZP.Z9ZZ
(tel. #)
~q-Z3~SO$1
(fedemI LD.lJ)
.... ,
(type of work)
(tel. I)
(federaII.D.1)
(1ype of work}
(tel, .,
C1eder8lID. .,
(type of work)
(tel. .)
.' .
(zip COde) .' (fedoral 1.0. I)
Totar dOllar .mount to be 8W11f'ded ID IUtHJontmctars (this page)
~ a!-lO!",a._
-
P-7
CIy ~ (cIrtte
...) <.!!!) \ No
$ /'8 Zo 50 .e!.
,
(h.,r..",s{, t.U.,J- ~.... 6-.....
tN'WBE C.,..J.,7$ed)
CfIy Certified? ~ (J- fPr.~ s
ane) Yea \ ~ .~~;-""j:.
$
City cettiIed? (dfde
one) Yes \ No
$
City Celtltled? (drcIc
Gne) Yea \ No
$
CIty Cenified? . Cc::lrde
-) Yes \ No
$
. )J;~' ::~:~~~ .
. .. , .~. ....,., '~<~\,;.. ...;.. ,,-
. .PROJECT"No.V8fIou8 .' ,_....... , ';(...:'.:,:...~i.~:'.
:0.. '. .... .:'. :." . . .~ :~~.. ..~-:':; . ~~~:: /:....:::. .
SCHEDULE ~F ~CONTRACTORS (CO~~_~......ry)
".: -. ",
(tP ofWcrk)
s
(tel. '1
..h
CIly Cef1UIed? (cirde
ane) Yes \ No
(fedeI"IIt I.D. ')
s
(~of work)
(tel. #)
(federal 1.0. IJ)
CIly Certified? (1liIUe
ane) Yft \ No
(type of work)
$
.Ctel. ')
,.: -
(1ecIeraII.D. ')
CIly Ceftified? (circle
one) Yes \ No
(type of work)
$
(tel. II)
(zip code) (federal 1.0. ')
Total doflar amount to be awarded to SUb-cxJntractors
City CeltIfied? (drde
ana) Va \ No
$
S/gIlalII.. of ~ 0tIicl0l ~- ~ I 7'
Note: The above schedule of sulxontractors will become a 'pan of the Contnlct documents.
Changes made 10 the above schedule of subcontractors after the contract has beea awarded and duly
executed must be submitted in writing to the Public U1ilities Departmcot, Bnalneering Services
Division for appro'\'al prior to that sub.oontractor ))e&fuaniDs the work.
Schedule of Subcontractors
P.8
.. .,..:1,.; ":;.}.~r;j.ri,,~)~~:: :..>~J... .;; ...
Slua ~~: f~':;:';?''''' . "~"'<,"f"5,;<,,",,~';
200 2"tStreet, S" Floor -.
West Pal.. Beacla. FL 3:MOl
Tel (561) '59-8029 Fa (SQ) '53-2'98
r1i;~,.. ......:. .
'4.~~.. . ....
.'~.:~:: ': : '. ~
.~-, .
.":: :"':::,::.:,.' ".: .
;1:~..
Slftall BlIlblCII Progl'1ulI
Statement of Subcontractors Participation
Instructions: List a111be Small Businesses that will participate. on this project/contract. Oalv City cea1iIied S..II
Basioesses can be used to meet the eoaIs established for this ptOject/CODtract. 8abmit ..is fortll wltIt 1011" bidlpropoaa1.
..~.
SECTION L Genua.....orm.doll
BidderorProposer"sNamc:..Flo"""-dO- ~u)4.Ij Pt"'Odu..~~., ~.
Preparer's Name: ~bu+ l-l-. ,..I}~~ T"rtlc:-.l!.-u.. Pr-G.~,-cLt.v-t.
Project Name: Annual M"lCI'OSUrfacinlr Contract
Project Number. V~
SeaJed Bid or RFQ Number: 03~4-06 SB Goal (if established) 4%
Total Base Bid: $ :J~ US ~ Total Bid (base bid and altemati\'e, if applicable): S AJ.A-
" . . %
% %
% %
% %
" :. %
%. "
% %
$/~ .:! 4-1)/4-5% IV ~%
Date: D~c:.. ~. 2003
1. a 8., UIA.(i....ukd ~.
2.
3.
4.
5.
6.
7.
8.
9.
10.
..<:E-~'.....;O-~I'"=';-m-..-...;""...~fn\: .-., -~,.ru,~~""".1J'_.."".:-::;~"'.~
f". 'C"-1:~":~'''~'' """'~"~'" ' '\'~'~'L' '-'if'"""~.F> ""0.,~' .t
i"~';t.~":-''''''\..~ .";', .:"P{.,..... ,~~~"" f;r~~~~1t--:~......1 .~:a..-...4:~ :yl;l; +.w-'-;. ": ;,-
"'..~":r' ~....,....,..,-~~ ;J ....-.; ;-'t.. fl"" ~ 7; ...t"-'''--s..,"'-~ ~~~ :;,t..:c -' .:r
c_-"~.,_"~.~:;o,;<:J~~~~ ...._'~ _ CI. tn':_ ."=~"":'~ ~~."',,..
Pn:parer"s Signature: h--I(. ~ I ~
Form SB 04 Octoo
P-9
Statanent of Subcontractor Participation
4:-~ :;:~ ":
% ... . %
..
" .. %
~'L'"
~~ '
_ ~ I" J..,. ..~ oJ .;:ot.::..~:---~"..
~_.l.".. ....""..: 'J-o'~', :
-:. :-': 0:" '. '.. 0, .... :"0:'" . . .'
= 6. \ ThIs ProJect Is to bid m
. and accepted by the 4
I 6. AM costs for Moblll%at
prices tor each pey If
7. The City may Issue $I
.
~ 8. AU bid items will inclu
Control,
!': 9. Smal BusinMS partie
- "10. liquidated damages I
- 11. AI ilems shall be furn
- 12. The Contr8etor shall I
13. AI debris must be leg;
standards.
- - 14. Award shall be basecl
City's needs and bud!
. Bid submitted by:
. Name of Company: .
II-. .Address:
Ro.a
13 Q.t^-I-o
--..lephone: (~~
~tate LiceMe Numbe
......county license Num'
-=city Ucense Number.
aa.icense Type: aui'
00' ...
. ::....:~;~~~;;..'*
.' . ..~: or: :
'_ .. 00.
00.. 00' .
SalaU Buslaess DlviIioa
_ 2- Street, 5" Jl100r '-
West Palm.. Reaell. FL 3340i
Tel (5(11) 659-8019 ..
Fax (561) '53-2'98
Small au.ln_ Program
Subcon......... LIst
I-'..-odu.d-s ..z,.v-- . . . .
The Municipal Code requiteS dHl Small Business Division to compile and mainrain informatioo on aD I.beoat~
for CIcv DIOiecIs. .Iase fill out this form with the required infolDUllioa. lJst ALL ,..bcontrado" lbat submiued
you for dUs projccf. inducliDc those identifaed on Ihe-CoPtnctor's Statement ofSlIbcontractol$ PIrticipatioa Slat
sau~ Sult1lalt tIais fOI1ll aAd with your bid.
O.issio. 0' dais t'orIIl is Glast; for rejectioa of )'our bldlproPOMl
2~{~7~~; ~:~~. ;'~:~i~:~;~~~:i=-~~'-'~-~::_]~~5;]~i./~~=_~ . ~, ~ .-~ ,
L:.1'-_. ,
, '- r .t~;-
. -
O.C.tJ,J;,.,i4cJ ~~ -,..k.. O~..ow:J (!J..".ke" 5"J-.8~..:i~3S .
~-
2) .. - ~ 'CII.&uo.i- oJ L;~ 6. 6;n:J.f.it.Pd qS4-qZCf-:~~~Z
~ T"'..&c.. .~/ j ""\ 1"A-L-""4.S
3)
,,:' .
4)
5)
6)
7)
8)
9)
10)
1)
A:1
Preparer's Name:
Signature:
-Robert- H, 1Yl~4Jrd
L--...- -t/. L 7'~
Title:J/,-~ R.es iclD&A.
Date: I:lec.. '-I, Zt:)O~
Fnrm ~R os OetOn
P.IO
LIst of SubcontractOrt
.~~.~. !".
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:~.
9
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- ,.-...., ..
" ....... ..
. . :~.:
.,
!
.
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"~~~:r~'..:' ....
':'
~.
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. :
BIDDER'S BOND AND RELATING POWER OF ATTORNEY
AND SURETY ~ERnFICATE
KNOW ALL MEN BY THESE PRESENT, that we, Florida Highway Products. Inc.
called the Principal),
Dni~~d S~a~AA Fira rNsurance Coauanv
the Surety), 8 Corporation chartered and existing under the ,... of the State
of ~atf Tork with its principal offlces in the Ciiyof MnnhJ v-.. T........]I' andauthorlzedto
do business In the State of Florida, and the City of West Palm Beach and having an Agent I8SkJent therein, such
Agent and Company acceptable to the City of West Palm Beach in the full and just sum of
Five Percent of Amount Bid Dollars ($ SJ ) good and lawful money of the
United States of America, to be paid upon demand of the City of West Palm Beach, Florida. to which payment well
and truly to be made we bind ourselves, our heJrs, executors, administrato~. SUCC8S&Ol8 and assigns, jointly and
sevetally and firmly by these present.
(hereinafter
and
(hereinafter called
WHEREAS, the Principal is about to submit, or has submitted to the City of West Palm Beach, Florida a Proposal
for the construction of Project No. Various, entitled Annual Microsurfaclna Contract for said City;
WHEREAS, the Principal desires to file this bond in accordance with law, in lieu of a certified bfdde(s check
otherwise required to accompany this proposal.
NOW THEREFORE, the conditions of this obftgation are such that if the Proposal be IICCepted the Principal shall
within ten (10) calencl8r days after receipt of notification of the acceptance thel'8Of, execute a contract in
accordance with the Proposal and upon the terms, conditions and p~ set forth therein, in the form and manner
required by the City of West Palm Beach, Florida, and execute a suffiCIent and satlsfa~ Surety or Performance
Bond payable to the City of West Palm Beach. Florida, in an amount of one hundred percent (1 00"). of the total
contract price, as indicated in 1he proposal. In tonn and with security satisfacloryto the said City, then this obligation
to be void, otherwise to be and remain In full force and virtue in law; and the Surety shaU upon faUulll of the
Principal to comply with any or al of the foregoing requirements within the time specified above immediately pay to
the aforesaid City upon demand 1M amount hereofin good and lawful money of the United States Of America. not
as a penalty but as liquidated damages.
IN TESTIMONY THEREOF, the Principal and Surety have caused these presentto be duly signed and sealed this
'h.d day of nfu'~mbeY , 200.:L.,.
PRINCIPAL V;;;;;;! -.,};;:::;7.iOdtf:.. tne.
SURETY United States :Fd.Iraj:~r6laa8fle"1DDanv
~~ .
~
ATTORNEY-1M-FACT. G Mo rissey ~
FLORIDA COUNTERSIGNATURE
Bryca Cu1gn 1 B?oehe Circle. Lon~ood. FL 32750. 407-834-0022
P-6
Bid Bond
, .
"'URET~ ACKNOWLEDGMENT
STATE Of NEW YORK
OOU,NTY..OF NASSAU
{ $S:
. -.
On this 3rd day of Dec:elnber in the year 2003. before me persotlIIIly came ~ry ~ to me Icnown. who being by me duly 1WQm, did
dtpote end lIlY that he resides In Chntnut Hi.. NY . IhaC he is the attorney-In-fact of UNITED STATES FIRE INSURANCE COMPANY, the
corporation described in and which executed the 8bove instrument; 1hat he knowa the Mal 01 aaid CClfpOtatlon: ChIt the leal artbced to I8Id
InstlUment Is such COff)Ofate ....; that It WIS 110 aflixlld by ardet' of the Board d DIredors cf said corporation, and that he signed hie name
1I\erero by title arder. -. ..
NOTARVPU~ SCHISSa.
NOTARY PUBLIC!..~~ Newlbft
No. 01S~18
QudlfIed In Queens County
. Qxnmlasion Expites OCtober 28._ _
NOTARYPU8lIC
INDIVIDUAL - PRINCIPAL
{ 55:
STATE OF
COUNTY OF
On thIS
day of
. 20
. before me. the undetsigned personally c:ame and appeared
to me peI80naIy Iu10wn and known 10 me 10 be
the indiYldual descrlbecl In and wno exeeuted the foregoing
. executed the SlIme.
instrument and duly acknowledged to me that
NOTARY PUBlIC STAMP
I
{ ss:
NOTARY PUBLIC
CORPORATION - PRINCIPAL
STATEOF1;:~
COUNTY oM ,v.-
On this ~ day ~.~__"-oJl. 2CP~ before me cam~~ 'it ~ \. ~c.... ~OJ J.
to me known, who, -.g by m. duly -.m, lid ~.... IlII)/ _ he ~.. ~~~~, ~ \
that he Is \ k..t 1 of
-
FLORIDA HIGHWAY PRODUCTS. INC. the corporation described in and which executed the foregoing instrument as
principal; that he knows the seal of said corporation: that the seal affixed to said instrument is such cotpOf'ate seal: that it
was so affixed by order of the Board of Directors of said corporation. and that he signed his name thereto by like order.
,t
NOTARY PUBLIC STAMP
~""""" .....l"ftVa L. Hicks
m..' :f~"... ..a_"
I i. ~ClIIll~i1llDom7O
=.. .: BIpl!ft AUG. 50 ZIIJ5
~~ . ....Thnl
."'lDf tfi ....-0:. ---- Co., _.
'''"',,,, ,....... ~.....
~
"':-."",
-..
PARTNERSHIP - PRINCIPAL
{ SS:
STATE OF
COUNTY OF
On this _ day of __ ' 20__ before me personally came
known. and known ro me to be a member of the 1Inn of
me that he executed the same for Ihe uses 8Ild C)UtPOSes lherein mentioned.
NOTARY p","-", or_ I
to me personally
and he dUly acknowledged to
NOTARY PUBLIC
This Power of Attuney limits the act of those DIIDeCl therein to the bonds and UDdatatinp specifical)y named therein.
aDd they have DO authority to bind the Compeny except ill the manner and to the ar:tcDt tbcreiD. staUd.
This Power of AUomcy revolccs all Pft'Nious powcri issued ill behalf orebe atIiomey(s)-iD-18ct uamed above.
IN wrrNBS$ WHEllEOF the United States Fire lnsuranc:c Company ha$ caused these preseo1B to be signed and attested
by its appropriate officers and its corporate seal hcn:unto affixed this ~ day of 1~. ~,
~~~
~~ ~/~/ DavidPcsce
,. C/
',~~ ..v.",:,:..-
'.STATE OFNEW' JERSEY)
as.:
COUNTY OF MOlUUS )
On tbis 9. day of Jan'*Y..~. befoIe the sub&eriber, I. duly qualified N018ry Public of the S1att: of New Jersey. came
the above-mcmrioDed Vice Presidem and Assiatmt Secretary of United Stares File IDsunnce Cclmpany. to me personally
mown to be the officers descn'bed in. aDd who ceauted the precedin& iDstrumen1. aDd they acknowledged the execution
oftbc same, and being by me duly SWOlD. deposed am said, that they ere the officers of said CompIny aforesaid, and that
tile seal affixed 10 the ~ iDstrummt is the Corporate Seal of said Cowp.,uy, mclthe said Corpome Seal and their
sigaalUreS as ofticas were duly affixccl and subscribed to the said instrumem by the authority and direction of the said
Company.
~Ji;~ANY
Peter J. Daly
IN TESTIMONY WHEREOF, I ba'VC hereunto set my band and affixed my seal at the Township of Marris,.the day and
year first above writren.
(Signed)
(Seal)
~\\,\\\I lltWf"/A
~~ ~a A. 8'4' 1.f,,~
,ti$ ""~ .......... ....- ~_
~ -~ o. -- J!. l'oo,.":-Vk ~
~~-......O t. ~,... ~ ~
~:"I'.~ --~~
~ u; ~tn i
~ #: -.- : ..4. =
=y~ ::...E;
~ ~ .. =:
~ eo ,0./ . \v .. ,~
~ .... {./S \- .... ..~:
~;: ~~.4"4"',.".v.~:-, ....~,.
~ ~:'v '~nC; .,...~.......
'7"l.rl/l.. ,,: '::'..: ....;~.'
. ...J,;l,:::!",~a.."
1!i:Aw;", , OJlwUof> , 'D g"-
L w. N01al)' Public
CdleriDeA8iIDYqe
No&uy PabIIc tl'1IeIr .....,
II, t".an.nri.......... "'*11. MIl
-. ...".
.r. ... u.
. ~ .;;roo.
0.... .0.. .... .,:.~.... ~ .... ..
,.-. .. ) .r 1.'... .
.. ". ~~':::: "J. ,Iii":" -e~"~!':~' .'
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.. ;/:~:~~:;~: t< ~ '. :;~?<-::: :..t"..:" ..
.. .
CONTRACJOR'S PRO~
.... . ~ .
CITY OF WEST PALM.BEA.Q~. FLORIDA
SEALED BID NO: o3i04~6
PROJECT NO. VARIOUS
PROJECT TITLE: ANNUAL MtCROSURFACINO CONTRACT
......
Date: D~. ~ ZDO'3
Proposal of ~/o~;d~ +-l tcLo...w4.Lf Pt""t>d~+S J ItI\..C.
'1' (04mpany Name)
TO: Procurement Official
City of West Palm Beach
West Palm Beach. Florida 33401
The undersigned, as Bidder, hereby declares that the only persons. company, or parties interested in this proposal
or the Contract to be entered Into. as principals, are named herejn; ,and that this proposal is made without
connection with any other person. company or partle~ making a bid or proposal: and that it is in aU I8Spects fair and
in good faith without collusion or fraud.
That the Bidder has carefuUy and to his full satisfaction examined the attached Invitation to Bid, including Ihe scope
of work, terms, technical specifications, and fonn of contract and bonds. if applicable. together with the
accompanying plans, and that he or she has read all addenda issued prior to the opening of the bids; and that he
has made a full examination of the location of the proposed work and hereby agrees to fumish, unless otherwise
provided. aI/Implements, machinery. equipment, transportation, tools. materials. suppJies, labor and other things
necessary to the prosecution and completion of the work. to wit; ANNUAL MICROSURFAQNG CONTRACT
In accordance with the Contract Documents pertaining thereto for estimated amounlJ:j1.d
71tr-c.e. A&(~ ~,.." +:~ -Mou.54.M.d ~ 1t1Dltd~ ..kit e;tl- ~,,, lS lJ~ Z4tB~ ),
to the Contractor by the CHy of West Palm Beach, all in accordance with the 18quirementa and provisions of the
Contract Documents.
If aWarded the contract the undersigned agrees: 1) to commence to obtain a Performance 8oncl, Lebor and
Material Bond, and Certfficate(s) of Insurance immediately after receMng a Notice of Contract, and 2) to submit
same within ten (10) calendar days after Notice of Contract.
Proposal
P-l '
RJ!SPONSI
~~
Signal...
Print Name
Title: ~
Proposal
'. :'''; ;:lo".",:<-': .,.';C'\J " ?'~:.;,
. BIOS sf.tALL INCLUDr: ALL REQUIRED INFORMAnON REGARDING THE CITY OF WEST PAL
..... .
SMALL BUSINESS PROGRAM POUCY SET FORTH IN THE GENERAL TERMS AND CONDlTlOM
OF THE 810 DOCUMENTS.
The undersigned understands that the contract time starts on date of Notice to Proceed. There is enc
guarantee consisting of five percent (5%) of bid price ($ '7, ~"Z. ~ ).
The undersigned furthermore agree that, In case of failure on his part to execute said contract and be
ten (10) calendar days after being awarded the contract. the check, bond, or other security accompan
bid and the money payable thereon. shall become the property of the City. by forfeit as agreed and liq
damages; othelWise the check or bond accompanying this proposal shall be returned to the undersigr
undersigned, If awarded the contract. agrees to fumJsh at time of signing of contract, a surety or perfo
bond in the amount of one hundred percent (100%) of the contraCt as set forth ~n th~ S~/ Terms a
Conditions.
The undersigned states that this proposal Is the only proposal for this project in which he is interested.
undersigned further agrees to bear the full cost of maintaining all work until final acceptance.
...-.
DATED: :Dee. q
FIRM NAME: Boor i"d4
BUSINESS ADDRESS:
P Q. Bt))C.. ~~ } :5900 LJ.~. ~-;'k".'y 17 ~
t3t'b"lau..). Ho,...l'da.
,
.2003
E-h,.ku.)"-j Pr'Dd&A.<:.k: J ....c.
ZIP CODE q 5t8 3 J
STATE OF INCORPORATION: --F"LOIeI.DA
FULL NAME AND ADDRESSES OF PERSONS OR PARTIES INTERESTEO IN THE FOREGOING BID, AS
PRINCIPAlS;
.Jo~~ Ro, ~. ~~~ q:; ~: H
/&be H. I )C. ~~ , u.i: ;=L
~:~~
f.~.
Uu'
ADDENDA NO(S).
RECEIVED AND ATTACHED HERETO.
Proposal
P-2
.,
'&~. ..: '~;." ....:
. .~. r.~... ~;:t .:0. ..
~ ...to"" 00 J. ,0..,#0.. C~"I.<-:,&,.
. ..:.. '~, ;,J::,:,>.,.. : <. .' :;":'.:;: :". ... '~l'::. . .....~
-". .. .:. SCHEOULEOF.BIO.~ ;",i.'
...
CITY OF WESltPALM BEACI'!. FLORIDA
" .
, .
'~-:;:.ii.~::.~'.. .:~t:.
. '
PROJECT NO.y,ARlOUS
SEALED BID NO:03/04.08
PROJECT nTLE:ANNUAL MICROSURFACING CONTRACT
.;" UNIT
UNIT PRICE
S.Y. $ /.~
s.y. $.-2. ~
S.Y. $ '3.~
S.Y. $ Z. ti-
S.Y. $ Z.~
TN. $, /5>.~
Galons S la~
LF.. $ aAl
LF. $ l.m
LF. $ z.1l.J
&F... $ I,~
EA. $ ~.:z!
NO. DESCRIPTION QUANTITY .
1. Single Micro-Suffacfng (1,000-4.999 SY) 4,500
2. Double Mloro-Surfacing (1000-4999 SY) 4,500
3. Double Mfcro.SurfacIng cukfe-sac (1,()()().4C,.) 2,200
4. Double Nfcro-Surfadng (5000-25,000 SY) 48,000
5. Double Mic:ro-8urfac1ng (over 26,000 $V) 54,500
6. Rut AI (under 250 Tons) 100
7. Crack seaUng 5,200
8. 6" Solid white Thermoplastic strfpfng 2,000
9. f1' SoAd yellow Thermoplastic striping 3,000
10. 6"dr double yellow ThennoplaslJc striping 1,200
11. Misc:eIaneousThetmoplastic"(while) 1,500
12. Retro-RefIec:tive Pa~ Markers (RPM's) 900
TOTAL
AMOUNT
$ 1JS!i. e:
$ /f1~o.~
$ 4/-AA.~
$/q 1. !LJ4-D, t!!
$/~7,5~.~
$ I~ 5oD.~
$ ~ZJooo.~
$ /&.za..:L
,
$ ~O~O.~
~ 49tt1-5.~
$ .e53~~
.
$ ~075:~
TOTAL BID ITEMS (1 -12)
$:.:g;4 ~~4-..!$'l.. 08-
3'-'7.. J 1~, .00
NO-mS:
1. The work Items of this contactahall Include bladinglremoving lie grass back from existing pavement edges, malntaimng
tnIffic and Iny other ilems incidental to the completion of micto8urfaoing.
2. The City of West Pam Beach reserves the right 10 /nCreaM or decrease the total quantities as necessary to meet their
actual needs.
3. All bid Items shall inckIde prices forfurnlshlng to the City, aU labar. niateriaIs, eqlipment, 1UppIeI. and all costs incurr8d to
provide all work shown an the pans ~ speciflcationa for the Annu" IIlcIwurfaclng ContI_ This IhaII include
incidental costs such as, but not Rmited to, mobilization, traffic maintenance. SUpervision, i1spectians. I8f'Viclng, labor,
pennit fees, faxes. borlds, Insurance. miscelleneClwrcosts, record drawings, warranty, overhead and profit.
4.' The Contractor shaD be 8W11rVed .. contI1IGt far twelve (12) months. At the IoIe option of Ute City. the contract may be
renewed b'upto three (3) additlcnaltwelve (12) manltl periods. New Paymenland PeIfannance Bonds wi be required far
each subsequent renewal period. Options to lenew will only become effective upon mutual written egreement Renewal
term. and condftions will be 1he same as the basecontrllct except that the bid prices win be subject to adjUstments, up or
dOlrnl. pUl8uant to the Consumer Price Index. The index to be LB8d for this purpose wit be the HIghway & street
Constructian Index, Series ID: PCUBHWYtI(N) category 8& published by the U.S. Department ~l.abar. The index at the
tillle of IIIdvertfsement of this projec;t 6ha1 be the prellminaty September 2003 Index Value A 186.9. The Contract shaB
commence on the date when the contract 18 executed by the City orWeat PiIIm Beach. .
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Ust of References
VI.-CONSENT AGENDA
ITEM B.2.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 AprilS, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16, 2005 (Noon)
[gJ April 19,2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18,2005 (Noon) 0 July 5,2005 June 20, 2005 (Noon)
0 May 17, 2005 May 2, 2005 (Noon) 0 July 19, 2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF [gJ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the month of
March 2005.
EXPLANATION: Per Ordinance 001-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which
states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a
purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, conunodities,
and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the
second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City
Manager" .
PROGRAM IMPACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of
conunodities, services, and personal property. Administrative controls are in place with the development of a special
processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the
Department Director, Purchasing Agent, Assistant City Manager, and City Manager.
FISCAL IMP ACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the
organization as defined in our City's Strategic Business Focus. This allows administration to maintain internal controls for
these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be
made.
ALTERNATIVES: Revert back to the old bid threshold of$10,000.00.
Financial Services/Procurement
/Xn~tY ~
Assistant the Director of Financial Services
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
t
CITY OF BOYNTON BEACH
APPROVED REQUESTS FOR PURCHASES OVER $10,000
FOR MONTH ENDED MARCH 2005
1. Vendor: Guarded Networks
Requesting Department: I.T.S.
Purchase Amount:
Contact Person:
$ 16,800.00
John McNally
Brief Description of Purchase:
Provice managed firewall services for the City's enterprise network. Managing the firewall application is a critical core
component of the City's financial and data-gathering and storage of information.
Source for Purchase:
Three Written Quotes
Fund Source: 001-1510-513-46-91
Software Maintenance
2. Vendor: COMMUSA
Requesting Department:
Golf Course
Purchase Amount:
Contact Person:
$ 15,820.00
Freda De Fosse
Brief Description of Purchase:
Replace emergency phone system and on-course food/beverage ordering system. Current units have begun to fail due to
lack of weatherproofing on the call boxes. The radios are becoming unreliable due to water intrusion.
Source for Purchase:
Three Written Quotes
Fund Source: 411-2910-572-99-01
Contingency
Purchase Amount: $ 15,379.55
Contact Person: George Mantell
3. Vendor: S & F Construction
Requesting Department: Public Works/Engineering
Brief Description of Purchase:
Repair of broken walk around City Hall, Fire Station and Parking Garage.
Source for Purchase:
State Contract
Fund Source: 302-4905-580-63-24
CIP/Sidewalks
Purchase Amount: $ 21,681.00
Contact Person: John McNally
4. Vendor: Presidio Corporation
Requesting Department: I.T.S. & Utilities
Brief Description of Purchase:
Maintenance agreement for the Nortel Network System which routes network traffic between the PC systems, servers,
sites and the internet. This agreement includes 24-hour by 7-day coverage with 4-hour response time for any outages on
Source for Purchase:
State Contract
Fund Source: 001-1510-513-46-22 &
401-2821-536-46-91
Computer/Software Maint
The purchases presented in this written report were approved in accordance with the provisions of Ordinance 2.56, and
are now being presented to Commission as required.
City Manager Approval:
Date:
Presented to Commission for information on April 19, 2005.
1 of 1
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
0 AprilS, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16, 2005 (Noon)
~ April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF ~ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 UnfInished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Motion to approve and authorize the execution of a Resolution for an Engineering Services Proposal for
$158,575.00 to the Wantman Group to provide engineering and design services for the design, permitting, bidding and services
throughout construction phases for the development of Jaycee Park. The Wantman Group is on the current approved list of
engineering firms and was selected because of their experience in the development of parks and parks facilities.
EXPLANATION: Jaycee Park was acquired from the Florida Inland Navigation District (FIND) in 2004 with the intent of
creating a passive park on the Intracoastal Waterway. A Florida Recreation Development Assistance Program (FRDAP) grant for
$200,000 has been received for development of the site. A Land and Water Conservation Fund (LWCF) grant application for
$200,000.00 has been submitted. The site is approximately 5 acres, 1 acre of which will be used for mitigation for the Boynton
Beach Boulevard extension. Development of the park will be in two phases. Phase I includes a large picnic pavilion, picnic areas,
interpretive shelters, walking trail, 2 bocci courts, enhanced landscaping, a restroom and parking lot. Phase II includes a
boardwalk and day docks for small boats. Two phases are required due to the timing of award of the FRDAP and L WCF grants;
however, it is felt that both Phase I and Phase II be designed as one project.
PROGRAM IMPACT: The task order was negotiated using the General Consulting and Engineering Services Contract (RFQ
#065-2821-03/CJD), which was approved by the Commission on November 18, 2003. The development of Jaycee Park will further
enhance the City's recreation and parks system and allow the citizens another opportunity to access the Intracoastal Waterway. No
additional manpower will be required to maintain the area.
FISCAL IMPACT: The Department of Public Works reviewed the Scope of Services and the proposal prior and deemed the
proposal to be within the percentage limits of project budget. The funds for the development have been included in the FY 2004/05
Capital Improvements Program (CIP) in the amount of $1,010,000.00. It is anticipated that the FRDAP grant will be awarded in
June, 2005. The LWCF grant will not be decided until Spring 2006.
~-
~Department Head's Signature
~
City Manager's Signature
AL TERNA TIVES: The alternative is to leave the park in its current condition.
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
/
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
D April 5,2005 March 14,2005 (Noon.) D June 7, 2005
rg] April 19, 2005 April 4, 2005 (Noon) D June 21, 2005
D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2,2005 (Noon) D July 19, 2005 July 5, 2005 (Noon)
D Administrative Development Plans
NATURE OF rg] Consent Agenda New Business
AGENDA ITEM D Public Hearing Legal
D Bids Unfmished Business
D Announcement Presentation
D City Manager's Report . ;
') 'h_'
--~-~<
RECOMMENDATION: Motion to approve and au orize the execution of a Resolution for an:1ingineeijng
Services Proposal for $158,575.00 to the Wantman roup to provide engineering and design serYtces f~Jthe
design, permitting, bidding and services throughout onstruction phases for the development of JayCe6lPar.Iq --.:the
Wantman Group is on the current approved list of gineering firms. ,; .~
,~
--") --:-
EXPLANATION: Jaycee Park was acquire from the Florida Inland Navigation District (FIND) iii.20~~~ith
the intent of creating a passive park on the In acoastal Waterway. A Florida Recreation Developme~s~tance
Program (FRDAP) grant for $200,000 h been received for development of the site. A Land and ~ter
Conservation Fund (L WCF) grant appli tion for $200,000.00 has been submitted. The site is approximately 5
acres, I acre of which will be used for itigation for the Boynton Beach Boulevard extension. Development of
the park will be in two phases. Ph se I includes a large picnic pavilion, picnic areas, interpretive shelters,
walking trail, 2 bocci courts, enhan ed landscaping, a restroom and parking lot. Phase II includes a boardwalk
and day docks for small boats. T 0 phases are required due to the timing of award of the FRDAP and L WCF
grants; however, it is felt that bo Phase I and Phase II be designed as one project.
PROGRAM IMPACT: Th development of Jaycee Park will further enhance the City's recreation and parks
system and allow the citize s another opportunity to access the Intracoastal Waterway. No additional manpower
will be required to maint .n the area.
FISCAL IMP ACT: e funds for the development have been included in the FY 2004/05 Capital Improvements
Program (CIP) in th amount of $1,010,000.00. It is anticipated that the FRDAP grant will be awarded in June,
2005. The L WCF rant will not be decided until Spring 2006.
ALTERNAT ES: The alternative is to leave the park in itscurren~
Department Head's Signature City Manager's Signature
Recreation & Parks
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
1 RESOLUTION NO. R05-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, ACCEPTING THE PROPOSAL OF THE
5 WANTMAN GROUP, INC., IN THE AMOUNT OF
6 $158,575.00 TO PROVIDE ENGINEERING AND DESIGN
7 SERVICES FOR THE DESIGN, PERMITTING,
8 BIDDING AND SERVICES THROUGHOUT
9 CONSTRUCTION PHASES FOR THE DEVELOPMENT
10 OF JAYCEE PARK; AND PROVIDING AN EFFECTIVE
11 DATE.
12
13
14 WHEREAS, Jaycee Park was acquired from the Florida Inland Navigation District
15 (FIND) in 2004 with the intent of creating a passive park on the Intracoastal WatelWay; and
16 WHEREAS, the task order was negotiated using the General Consulting and
17 Engineering Services Contract (RFQ #065-2821-03/CJD), which was approved by the
18 Commission on November 18, 2003; and
19 WHEREAS, the City Commission of the City of Boynton Beach upon
20 recommendation of staff, deems it to be in the best interest of the citizens of the City of
21 Boynton Beach to accept the proposal of the Wantman Group, Inc., dated March 11, 2005 in
22 the amount of$158,575.00.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
28
Section 2.
The City Commission of the City of Boynton Beach, Florida does
29 hereby authorize and accept the proposal of the Wantman Group, Inc., in the amount of
S:ICAIRESOlAgreemenlslTask - Change OrderslWantman Group - Jaycee Park.doc
1 $158,575.00, for engineering and design servIces for the design, permitting, bidding and
2 services throughout construction phases for the development of Jaycee Park pursuant to the
3 terms and conditions of the General Consulting and Engineering Services Contract (RFQ
4 #065-2821-03/CJD) approved by the City Commission on November 18, 2003.
5
Section 3.
This Resolution shall become effective immediately upon passage.
6
PASSED AND ADOPTED this _ day of March, 2005.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 ATTEST:
26
27
28 City Clerk
29
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\RESOlAgreements\Task - Change Orders\Wantman Group - Jaycee Park.doc
(Ii
Wantman Group, Inc.
Engineering .:. Surveying .:. Mapping
March 11, 2005
Ms. lody Rivers
Parks Superintendent
Recreation & Parks Department
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
RE: JAYCEE PARK, FEDERAL HIGHWAY IN BOYNTON BEACH
ENGINEERING SERVICES PROPOSAL
Dear Ms. Rivers:
Wantman Group, Inc. (WGI) is pleased to provide this proposal for professional engineering,
surveying and architectural services on the referenced project. This proposal is based on the
Conceptual Plan dated August 20, 2004. The proposed program includes: one restroom/picnic
shelter building, two kiosk/picnic shelters, approximately 300 linear feet of boardwalk and 5
boat docks, asphalt pedestrian path, parking area for 18 vehicles, playground area, an open
playfield, site lighting and miscellaneous benches, picnic tables, bike racks and trash
receptacles.
WGI will provide the civil, environmental and surveying servIces. Our design team will
include the following design firms:
. Stephen Boruff, AlA Architects & Planners, Inc. will provide architectural and building
structural services.
. Bridge Design Associates, Inc. will provide dock and boardwalk structural services.
. Smith Engineering Consultants, Inc. will provide electrical engineering services.
. Tierra, Inc. will provide geotechnical engineering services.
Our scope of services and corresponding fees are as follows:
PRELIMINARY PHASE
1. Initial site investigation.
2. Attend one (1) design intent kick-off meeting with the City and other professionals for
initial project coordination and development of a shared vision for the project.
3. Research existing water, sewer and electric utilities to service the project.
4. Meetings and/or contacts with the permitting agencies to discuss the proposed
improvements to this existing park.
2035 Vista Parkway':' Suite 100':' West Palm Beach, Florida 33411
561.687.2220':+ Fax: 561.687.1110 .:. www.wantmangroup.com .:. wgi@wantmangroup.com
Ms. lody Rivers
March 11, 2005
Page 2
SURVEYING PHASE
1. Boundary Survey. The City is to provide a title commitment on which the boundary
survey is to be based.
2. Topographic Survey. Topography survey to include Federal Highway to 100' past
north and south property lines and to the median of roadway.
3. Tree Survey.
4. Mean High Water Survey.
5. Seagrass Survey.
DESIGN PHASE
The WGI team will prepare construction plans and specifications suitable for bidding,
permitting and construction and, would assist in preparing addendums and responds to
questions during the bidding process. Phase submittals will be made at conceptual/schematic
(30%), preliminary/design development (60%), pre-final (95%) and final construction
documents (100%). An Opinion of Cost will be prepared for all phase submittals.
WGI's Project Manager and representatives of our subconsultant team will attend one (1)
design review meeting with City staff. WGI's Project Manager will attend other meetings with
City staff to obtain phase submittal comments, The following design services are including in
our proposal:
1. CIVIL/SITE
A. Design of the on-site paving, grading, drainage and, water and sanitary sewer
services for the proposed park facilities. It is anticipated that this effort will
encompass an area of approximately 5.5 acres.
B. One sanitary sewer package lift station design for the restroom building is included
in this proposal.
C. Design the Storm Water Management System with an outfall connection to the
proposed on-site mitigation area being design by others. Positive outfall is not
included.
D. Attend one (1) City Technical Review Committee (TRC) meeting.
2. ARCHITECTURAL
A. Design one (1) restroom/picnic shelter building
B. Design of two (2) kiosk/picnic shelters.
C. Selection of miscellaneous benches, picnic tables, bike racks and trash receptacles.
3. ENVIRONMENTAL
A. Coordination with proposed/existing mitigation area being designed, permitted and
constructed by others.
B. Seagrass Survey for an area 300' from the existing shoreline. This survey will
include description and location of each seagrass sufficient to satisfy Florida
Department of Environmental Protection (FDEP) permitting requirements.
nn Wantman Group, Inc.
al.II Engineering + Slx1ieyfng + M~
Ms. Jody Rivers
March 11, 2005
Page 3
C. Review design of park site and dock facilities to ensure compatibility with FDEP,
South Florida Water Management District (SFWMD), U.S. Army Corps of
Engineers (CaE), U.S. Fish and Wildlife Service (FWS), National Marine Fisheries
Service (NFFS) and the Florida Fish and Wildlife Conservation Commission
(FFWCC) permitting requirements.
D. Because of the proposed dock construction associated with the project, WGI will
coordinate with the FWS and the FFWCC with respect to manatees. WGI will also
coordinate with the NMFS to pursue compliance with requirements for essential
fish habitat (based on 1996 amendments to the Magnuson-Stevens Fishery
Conservation and Management Act).
E. Design a Storm Water Pollution Protection Plan and submit it to the FDEP for a
National Pollution Discharge Elimination Systems (NPDES) permit.
4. STRUCTURAL
A. Design of approximately 300 linear feet of boardwalk and 5 boat docks.
5. ELECTRICAL
A. Parking lot lighting design in accordance with industry standards and local codes.
B. Other site lighting design including entry sign, pathway, combined restroom/picnic
shelter and two (2) combined kiosk/picnic shelters.
C. Site electrical power distribution to serve the above lighting installations and a
package lift station at the combined restroom/picnic shelter.
6. GEOTECHNICAL
A. Drill three (3) Standard Penetration Test borings to a depth of 20 feet below
existing grade to explore the subsurface conditions within the restroom and shelter
buildings,
B. Drill two (2) SPT borings to a depth of 60 feet below existing grade to explore the
subsurface condition within the proposed boardwalklboat docks.
C. Laboratory testing will be performed on selected samples.
D. A report will be issued that contains recommendations for foundation design and
other construction considerations,
PERMITTING PHASE
1. WGI will obtain permits from the necessary agenCIes related to our work. It IS
anticipated that these agencies are as follows:
o Florida Department of Transportation (FDOT) - Drainage Connection.
o City of Boynton Beach - Utilities (Water and Sanitary Sewer Connections).
o Palm Beach County - Health Department.
o City of Boynton Beach - Fire Marshall.
o SFWMD, FDEP and CaE - Joint Environmental Resource Permit (ERP). The
Water Use Permit, if required, will be prepared and submitted by the others.
o FWS, NMFS AND FFWCC.
o FDEP - National Pollution Discharge Elimination Systems (NPDES).
o City of Boynton Beach - Building Permit.
2. All permit fees will be paid by the City of Boynton Beach.
rm Wantman Group, Inc.
~ Engineering + SutYeyIng + MoppIng
Ms. lody Rivers
March 11, 2005
Page 4
BIDDING PHASE
1. WGI will assist the City of Boynton Beach with the bidding phase.
2. The City will advertise and administer the bidding process
3. WGI will attend a pre-bid meeting.
4. WGI will address all contractor requests for information (RFI) and will assist in issuing
addendums during the bidding process.
5. The City will prepare all frontend documents and WGI will prepare all technical
specification sections for the bid package.
6. WGI will assist the City in evaluating the bids received.
CONSTRUCTION PHASE
1. Attend one pre-construction meeting.
2. Review shop drawings.
3. Field observations during construction will be provided as necessary to insure work is
completed in substantial accordance with our design.
4. Review Pay Applications.
5. Review "Record Drawings" prepared by the contractor.
6. Lamp storm water drainage system.
7. Attend pre-final and final walk-through with regulatory agencies.
8. Prepare final certification package for approval and releases.
9. Construction services will not exceed eight months. Time required above that stated
herein will be at our hourly rates.
BASIS OF THIS PROPOSAL
This proposal is based on the following:
1, An electronic AutoCAD file containing the approved site plan will be provided by the
City of Boynton Beach,
2. The project will be designed and permitted together. However, two separate sets of
construction documents will be prepared since the boardwalk and docks may be funded
in a separate year and hence constructed under a separate construction contract.
3. The existing curb cut on Federal Highway will continue to be utilized for ingress/egress
for this park. No driveway connection permit or improvements to Federal Highway are
anticipated.
4. The City of Boynton Beach will provide all landscape and irrigation services.
5. A Water Use Permit application with the SFWMD will be prepared and submitted by
others.
6. The proposed mitigation area and hydrologic connections including mitigation/native
vegetation, upland/wetland buffer area, wetland monitoring transect and photo station
to be designed and permitted by others.
7. City to prepare, submit and administer any grants.
ITt] Wantman Group, Inc.
u.. Engineering + SlJIYElying + MoppIng
Ms. lody Rivers
March 11,2005
Page 5
8. An existing 6" watermain is located inside the existing sidewalk on the east side of
Federal Highway and a force main is approximately 7 ft east of the sidewalk on the east
side of Federal Highway. Gravity sanitary sewer is not available to serve this site and
therefore a small lift station will be required to serve the restroom facility.
9. Proposal does not include development of educational information/display within kiosk
or the entrance sign.
10. Platting services are not required.
11. No utility designates or "soft dig" of existing utilities are included.
12. Boardwalk/dock lighting/electrical is not included.
13. This proposal does not include the design or permitting for deepwater docks,
navigational channels or boat ramps,
14. No off-site design services are included in this contract for: Roadway improvements to
Federal Highway, wastewater disposal and water supply systems.
15. Services not included are the following: Landscaping Architectural, Irrigation Design,
Title Search and Traffic Engineering Services.
16. Coordination with Southern Bell, Florida Public Utilities and CA TV is the
responsibility of the client. We will provide the necessary drawings to these utilities.
FEES
Our fees for the proposed scope of services are as follows:
PRELIMINARY PHASE:
1. CIVIL/SITE:
2. ARCHITECTURAL:
3. ENVIRONMENTAL:
4. STRUCTURAL:
5. ELECTRICAL:
SURVEYING PHASE:
1. BOUNDARY SURVEY:
2. TOPOGRAPHIC SURVEY:
3. TREE SURVEY:
4. MEAN HIGH WATER SURVEY:
5. SEAGRASS SURVEY:
DESIGN PHASE:
1. CIVIL/SITE:
2. ARCHITECTURAL:
3. ENVIRONMENTAL:
4. STRUCTURAL:
5. ELECTRICAL:
6. GEOTECHNICAL:
7. MA TERIAL TESTING (BUDGET):
$ 9,275.00
$ 4,150.00
$ 1,925.00
$ 1,000.00
$ 1,100.00
$ 1,100.00
$15,600.00
$ 3,000.00
$ 2,500.00
$ 1,500.00
$ 3,600.00
$ 5,000.00
$18,050.00
$ 4,400.00
$ 3,900.00
$16,500.00
$ 4,400.00
$10,500.00
$ 6,600.00
$64,350.00
nn Wantman Group, Inc.
u.. Engineering" Surveying" Mopping
Ms. lody Rivers
March 11,2005
Page 6
PERMITTING PHASE:
1. CIVIL/SITE:
2. ARCHITECTURAL:
3. ENVIRONMENTAL:
BIDDING PHASE:
1. FIRST CONTRACT: $ 1,000.00
2. SECOND CONTRACT: $ 1,000.00
CONSTRUCTION PHASE (FIRST CONTRACT):
1. CIVIL/SITE: $15,650.00
2. ARCHITECTURAL: $ 1,100.00
3. ENVIRONMENTAL: $ 1,000.00
4. ELECTRICAL: $ 2,200.00
CONSTRUCTION PHASE (SECOND CONTRACT):
1. CIVIL/SITE: $ 1,500.00
2, ENVIRONMENTAL: $ 4,000.00
3. STRUCTURAL: $19,800.00
$22,100.00
$ 7,150.00
$ 550.00
$14,400.00
$ 2,000.00
$19,950.00
$25,300.00
TOTAL FEE ALL SERVICES (LUMP SUM):
$158,575.00
These fees include standard governmental coordination, permitting, design, field observations
and certifications. Additional services requested by the client will be provided in accordance
with the attached hourly rate schedule.
Services will be invoiced monthly as work progresses. Failure of the client to pay an invoice
or respond to the engineer within 30 days will permit the engineer to stop all work on this
contract.
We appreciate the opportunity to be of service and look forward to the successful completion
of this assignment. Upon acceptance of this proposal along with the attached "Contract
Provisions" and "Rate Schedule" please sign one copy and return to this office.
The terms and conditions of the General Consulting and Engineering Services Contract (RFQ
#065-2821-03/ClD), which was approved by the Commission on November 18, 2003 governs
all of Want man Group's responsibilities and obligations as provided in this letter/task order.
Respectfully submitted,
W ANTMAN GROUP, INC.
L/4'~
David K. Brobst, P.E.
Vice President
M:\Proposals\MUNICIPAL PROPOSALS\City of Boynton BeachVaycee Park\03 Rivers Con.doc
rt"t] Wantman Group, Inc.
Il.l..:. Engineering" SUlV9y/ng .. MoppIng
Ms. lady Rivers
March 11,2005
Page 7
WANTMAN GROUP, INC.
(HEREAFTER REFERRED TO AS CONSULTANT)
CONTRACT PROVISIONS
1. PERFORMANCE: This project is to be performed in accordance with appropriate regulations and generally accepted
Professional Engineering and/or Land Surveying practices in effect at the time the services are rendered and, that no other warranties,
express or implied are included in this contract.
2. INVOICES: Invoices for all services and reimbursable expenses shall be issued monthly reflecting services performed during the
period. Payment shall be due on the date each invoice is received and shall be deemed delinquent 45 days after issuance. Outstanding
invoices delinquent beyond the 45-day period shall accrue interest on the balance due at a rate of 18% per annum. Should collection
become necessary on any outstanding accounts, then all appropriate costs including reasonable attorney's fees shall be charged in
addition to moneys due plus interest. Outstanding invoices delinquent beyond 45 days, may, at the CONSULT ANT'S election be
deemed a notice to stop performance under this contract until such invoices are paid. Payment in full shall be made at or before
delivery to the CLIENT of any reports, plans or record drawings certification prepared under this contract.
3. REIMBURSABLE: Direct costs including without limitation, prints, copies, long distance phone calls, mileage, etc., are not
included in the above fees but shall be billed as Reimbursable Expenses.
4. COST ESTIMATES: THE CLIENT hereby acknowledges that CONSULTANT cannot warrant that estimates of probable
construction or operating costs provided by CONSULTANT will not vary from actual costs incurred by the CLIENT.
5. LIMIT OF LIABILITY: The limit of liability of the CONSULTANT to the CLIENT for any cause or combination of causes
shall be, in total amount, limited to the fees paid under this agreement or $ I 00,000, whichever is greater.
6. CONSTRUCTION SERVICES: If under this Agreement, professional services are provided during the construction phase of the
project, CONSULTANT shall not be responsible for or have control over means, methods, techniques, sequences, or procedures, or
for safety precautions and programs in connection with the Work; nor shall CONSULTANT be responsible for the CONTRACTOR'S
failure to carry out the work in accordance with the Contract Documents.
All fees for services are based on a one-time performance only. Additional services and/or changes in service whether field or office
shall be performed only after authorization by CLIENT or his agent. Fees for changes and/or additional services are not included in
this agreement and shall be invoiced at the hourly rates quoted on the current fee schedule. This agreement is based on the site being
sufficiently cleared of all underbrush prior to construction layout. Any services needed for clearing shall be performed at the specified
hourly rate.
7. DOCUMENTS: All original work shall be the property of the CONSULTANT. The CLIENT, at his request, will be furnished
with reproducible copies of any and all work including CADD files. All documents furnished by the CONSULTANT are instruments
of this service. They are not intended to be suitable for reuse on extensions of this project or any other project. Any reuse without
specific written approval by the CONS UL T ANT shall be at the sole risk of the user and without liability or legal exposure to the
CONSULTANT.
8. HAZARDOUS MATERIAL: It is understood and agreed that in seeking the professional services of the CONSULTANT under
this Agreement, the CLIENT does not request the CONSULTANT to undertake any obligations for the CLIENT'S benefit involving
or related in any manner to hazardous substances. Therefore, the CLIENT agrees to hold harmless, indemnify and defend the
CONSUL T ANT from and against any and all claims, losses, damages, liability and costs arising out of or in any way connected with
the presence, discharge, release or escape of contaminants or hazardous substance of any kind, or environmental liability of any
nature, in any manner related to service performed by the CONSULT ANT under this Agreement.
9. EXCLUSIONS: The fees reflected in this contract do not include the following items: A-Testing, B-Permit Fees, CoPlan
Reproduction, D-Any service not reflected in the contract.
10. TERMINATION: This agreement may be terminated by either party upon seven (7) days written notice; in the event, of
substantial failure by the other party to perform in accordance with the terms herein through no fault of the terminating party. In the
event of any termination, the CONSULTANT will be paid for all services rendered.
11. SUCCESSORS AND ASSIGNS: Neither the CLIENT nor CONSULTANT shall assign, sublet or transfer any rights under or
interest in this agreement without the written consent of the other. Nothing herein shall be construed to give any rights or benefits
hereunder to anyone to other than the CLIENT or CONS UL T ANT.
Initial
ITt] Wantman Group, Inc.
u.. fng/neerlng" Surveyfng .. Mopping
Ms, lady Rivers
March 11,2005
Page 8
WANTMAN GROUP, INC
FEE SCHEDULE
EFFECTIVE DATE - JANUARY 2005
HOURL Y RATE
Principal Engineer
Expert Witness
$210.00
$250.00
$150.00
$130.00
$110.00
$180.00
$125.00
$100.00
$ 90.00
$ 75.00
$110.00
$140.00
$ 60.00
$ 35.00
$ 5.00
$ 10.00
$ 0.50/sq. ft.
$110.00
$ 5.00/sq. ft.
$ 0.30
$ 25.00
Project Manager
Senior Professional Engineer
Professional Engineer
Principal Surveyor
Professional Surveyor
Environmental Scientist
Field Engineer
Engineering/Surveying Computer Technician
2 Man Field Crew
3 Man Field Crew
Administrative Assistant
Global Positioning System (GPS) per receiver
All Terrain Vehicle
Field Supplies per hour
Blueprints
Photo Mylars - each
Mylars
Copies - each
Computer Plotting - each
Other Expenses
Cost Plus 10%
M:\Conlracls\Contracl Provisions & Fee Schedu/e2005.doc
Initial
rtl] Wantman Group, Inc.
I..lII fngtneertng + SutveyIng + Mapp/ng
/qr)
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.2.
Requested City Commission Date Final Form Must be Turned Requested City Conunission
Meetina Dates in to City Clerk's Office Meetina Dates
0 April 5, 2005 March 14,2005 (Noon_) 0 June 7, 2005
~ April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005
0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005
0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005
Date Final Form Must be Turned ill
to City Clerk's Office
May 16,2005 (Noon)
June 6, 2005 (Noon)
June 20, 2005 (Noon)
"._-,,\
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July 5, 2005 (Noon)
-"11"'
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0 Administrative 0 Development Plans
NATURE OF ~ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
'.:;
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RECOMMENDATION:
Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Nelson and
Maritza Castellanos for the property at 1235 Highland Rd, Lake Worth, FL (Ridge Grove LT 86).
EXPLANATION:
The parcel covered by this agreement includes a single-family home located in the San CastIelRidge Grove project
area. Only potable water is available for connection to the property at this time due to recent water main improve-
ments 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 stree4 allowing for the service to this parcel. No
additional construction will be required by the City to serve this property.
FISCAL IMPACT: None
~
AL TERNA TIV:
IV 4'
: None. This parcel is within the Utilities service area.
ature
City Manager's Signature
Department Name
City Attorney I Finance I Human Resources
XC: Peter Mazzella (wI copy ofattachments)
Michael Rumpf, Planning & Zoning
Anthony Penn
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.OCX::
1 RESOLUTION NO. ROS-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE
8 CITY OF BOYNTON BEACH AND NELSON AND
9 MARITZA CASTELLANOS; PROVIDING AN
10 EFFECTIVE DATE.
11
12
13 WHEREAS, the subject property is located outside of the City limits, but within our
14 ater and sewer service area, located at 1235 Highland Road, Lake Worth, Florida (Ridge
15 rove, Lot 86); and
16 WHEREAS, the parcel covered by this agreement will include a single-family home
17 ocated in the San Castle/Ridge Grove project area; and
18 WHEREAS, a water distribution main has recently been completed on this street,
19 icinity, allowing for the service to this parcel; and
20 WHEREAS, no additional construction will be required by the City to serve this
21 roperty.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 eing true and correct and are hereby made a specific part of this Resolution upon adoption
26 ereof.
27
Section 2.
The City Commission hereby authorizes and directs the City Manager
28 0 execute a Water Service Agreement between the City of Boynton Beach, Florida and
29 elson and Maritza Castellanos, which Agreement is attached hereto as Exhibit "A".
30
Section 3.
This Resolution shall become effective immediately upon passage.
:\CA\RESO\Agreements\Water Service\Castellanos Water Service Agreement.doc
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PASSED AND ADOPTED this _ day of
, 2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ttest:
ity Clerk
:\CA \RESO\Agreements\Water Service\Castellanos Water Service Agreement.doc
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made oy this day of ,200 , by and between
Ne Is D IV t Mft R. i 1-24 (dr7e / Ic.i/v-;)J hereinafter called the "Customer", and the
CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called
the "City".
WHEREAS, Customer owns real property outside ofthe 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 ofthe 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:
I. The City agrees to provide Customer with water service from its Municipal Water
System to service the real property described as follows and which Customer represents is owned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are /: f Equivalent Residential
Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering, material, labor,
installation and inspection of the facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to the Customer's premises. The
Customer shall be responsible for installation in conformance with all codes, rules and regulations
1
applicable to the installation and maintenance of water service lines upon the Customer's premises.
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
Engineers. The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have the work performed on behalf of the Customer,
in which case the Customer will pay in advance all estimated costs thereof. In the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shan be used only by the
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other facilities extended from the City Water
Distribution System to and including the metered service to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property owner.
6. The Customer agrees to pay an 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 shan be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City an
Irrevocable Special Power of Attorney granting to the City the power and authority to execute and
advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it
shall cooperate with the City and not raise opposition or challenge to such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option of the City at any
time the property is eligible under any available means or method for annexation. Customer win
inform any and an assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall not
constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
2
9. Annexation is intended to be and is hereby made a covenant running with the land
described in paragraph I above. This Agreement and the power of attorney referenced herein is to be
recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent
transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors
and assigns.
10. It is agreed that the City shall have no liability in the event there is a reduction,
impairment or termination in water service to be provided under this Agreement due to any
prohibitions, restrictions, limitations or requirements oflocal, 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.
] 2. 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.
] 3. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subject of this Agreement.
IN WIlNESS WHEREOF, the parties hereto have set their hands and seals this d!J~day of
F~h(lAt{nJ ,200S. -
/ -
WIlNESS:
e
Printed Owner Name
./k~ qu~~/vE- j{,{rf fi/Jf/()
Printed Witness Name
~:::rk LIlT;"; Ii- /:J~L €-
Printed Witness Name
3
, ,~
~#&4>JFL ,filE /I~/I/;VU
Printed Witness Name
// .~~
L. c./C<.:Zz..c~c
itness Signature
,&
_:~:T?l /J j TAl .4- ,0 "7 /. L
Printed Witness Name
FOR INDIVIDUAL (S) NOTARIZATION:
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
~a~~~
~r Signature
Nt L ~ 0 IV ell ~nLL I~ #~Df'"
Printed Owner Name
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County. aforesai~ t~ take acknowledgments, personally appeared
/If e LJ' oj\/ tH-d ,Ma r 1+7-0-.. ("b.s I e I J C?n 0 J to me known to be the
person( s) described in and who executed the foregoing instrument that he/she acknowledged before
me that he/she executed the same; that the individual was, personally known to me or provided the
following proof of identification: F1oy;dv,- drIver l/cenceJ "
c WITNESS my hand and official seal in the County and State last aforesaid this :J..::,14-day of
I ehrlAt'\.rl/ ,200S
/
(Notary Seal)
r I euuN I II: .:..1.
0> ==-- I
:. . EllI*w W200I :
: ~~""~ 80nded IhIu (800)432....254:
: "ft.. Florida Notary Assn I :
. .... ..... ................ ............ ..~. ~.:
WITNESS:
.~tt~ ~ ~
Notary Public
CITY OF BOYNTON BEACH, FLORIDA
Kurt Bressner, City Manager
ATTEST:
City Clerk
4
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
, City Manager 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.
WIlNESS my hand and official seal in the County and State last aforesaid this
,200_.
day of
(Notary Seal)
Notary Public
Approved as to form:
City Attorney
5
Exhibit A
Legal Description: Lot 86, RIDGE GROVE, according to the plat thereof, recorded in
Plat Book 22, Page(s) 8, ofthe Public Records of Palm Beach County, Florida.
THIS INSTRUMENT PREPARED BY:
James A. Cherof. Esquire
Josias & Goren, P A
3099 East Commen:ial Blvd.
Suite 200
Fl Lauderdale, Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF -Ptl( w\. &:>ach
II'@) NelrOH 'f- /vla.rtf-Ztt G.sieIfCl/loJ, hereinafter "Grantee", hereby
make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and
lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole
purpose of executing on behalf of Grantee the power to initiate, maintain, and complete
a voluntary petition for annexation of the real property described herein into the CITY
OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH
full and complete authority to act on Grantee's behalf to accomplish annexation by any
available means. The real property which is the subject of this power is described as
follows:
Of).- if- .3 - tf5'-09- O?- ()O ().- () ~ 6 0
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
o/A~
FLORIDA, shall commence and be in full force and effect on the as day of
~ b ( fA. tl rY 20 a> and the powers and authority shall be irrevocable by
I
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and ~eals the d~-.J1,
day of ~1 r l/l.&t~V , in the year two thousand and 5, ; e...... .
I
Sealed and delive d in the presence of
Wevf.//PMI/€ H ,f'u#O
Printed Itness-Name
)~
CQ~ 1(\\QJl()~
;It( /J/T/J 4,
Printed Witness Name
h~
tJf(~ON.
AJ~l'i;.or'" L/~~-Y-2((.I:)^lO.s.
Printed Owner Name
:fUfJITII
Printed Witness Name
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknowledged before me thisa. s#- day
of -ftbn,.(~* 200~ by NBL.JOrJ C~JTe~LffrvlJJ and
t1Aa "'1 r~ C~ e/141toJ , who are known to me or who have produced
F IIJ ~ IdP'~ Dr, ~ t 1/ (f?nC"?J' ,as identification .and who dkl/did not:~ a~~j. .
~~"-- ~l j
! · 11 8U8AH eoarl :::: I NOTARY PUBLIc.... ^ I _ r
ItS . -=-~~ . .. . ~ US/TN CoCU W
E \~A. Boncled....~! Type or Pnnt Name
. "" OF I' .,~ Florida NolaIy Asen.. Inc . C .... N
;, ..~..~~~'~~....................................& 0 mm ISS IOn\ 0..
My Commission Expires:
POA.IND
Palm Beach County Property Appraiser Property Search System
Page 1 of2
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Property Information
Location Address: 1235 HIGHLAND RD
I..w-,""f..j
Municipality: UNINCORPORATED
Pan:el Control Number: 00-43-45-09-08-000-0860
Subdivision: RIDGE GROVE IN
Official Records Book: 15231 Page: 1712 Sale Date: Noy-2002
I..egal Description: RIDGE GROVE LT 86
Owner Information
Name: BELENSKY BEVERLY
~-"I
Mailing Address: 1515 ARPEIKA ST
FORT LAUDERDALE FL 33312 1506
Sales Information
Sales Date Book/Page
Price Si'lJe Type
Owner
Noy-2002 15231/1712
Aug-2002 14250/1662
Oct-1987 05448/0369
$40,000 QUIT CLAIM BELENSKY BEVERLY
$0 WARRANTY DEED MUNFORD DAVID a.
$36,500 WARRANTY DEED
[Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use Code: 0100
Tax Year 2004
Number of Units: 1
*Total Square Feet: 1208
Description: RESIDENTIAL
* in r.idential properties may indicate living .rea.
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
~
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
1"lD.~
NOTE: Lower the top .nd bottom margins to 0.25 on File->Page Setup menu option in the bl"owser to print the
detail on one page.
Record Search I Information I Exemptions I Community I Employment I NewHomeBuyer I Office Locations
Value Adjustment Board I Save Our Homes I Senior Corner I Disclaimer
http://www.co.palm-beach.fl.uslpapa/aspx!web/detail ~info.aspx?p _ entity=00434509080000... 3/9/2005
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lnc: iden1lll to tbe pal.Al1'llt:e of a UlIe iRlUnm:~ policy.
F,I. Numb"" os,tn
Poreel ID t: OlJ-O-4S-O,.e8-ll00..0160
eF'N 200501~9a37
OR BK 18202 PG 1514
RECORDED lil:Jla2/21llll~ 13: 2L: 5lIt
Pal. ~ach County, FLorida
A"T 121,5lItlil.ee
Doc St..p 851,51
Sharon R. Bock, CLERK & COftPTROLLER
Pg 1514; (Lpgl
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WARRANTY DEED
(INDIVIDUAL)
,.-:.'-.,"..}
This W ARRANT'i DEED, ~f~bruary 22, 2005 by Beverl)' Belenlk)', . sin&Je penoD, whose post office address
is 1515 ArPelka Street, Ft l;(~4ei"dale, FL 33312, hcmnafter called the GRANTOR, to Nelson G. CutellaDOIl and
Maritu C~ltellaDOI, bDlbaDd'ud ~fe, whose post office addl"llSs is 41170 Poseidon Place, Lake Worth, FL 33463
hereinafter called the GRANTEE~, /": ",-
(V/hen:vel' nllCld herein tile tIl1rnS "GnIIIlOrlo.,~9anl<:e" oholllnclude all puties 10 this mstruDlent lIlld tbe heirs, lcpl rcprc:o;enlati~.. ...d assigns of
indiYiduals, and the .ue",""""'" one! ....i8Jl8 +~..)
t f :
,.' ..
WITNESSETH: That the GRANTOR;::f&r:alJ,'3"ln considenltion of the sum of $10.00 and other valuable considerations,
receipt wh~cof is hereby acknowledged("~ei-e'by grants. bargains, sells, aliens, remiscs, releases, Clmveys and confirms
unto the GRANTEE, all that certain land sitwtt<<:i>>',Palm Beach County, FL, viz:
. \/'~'..'i
'\'//"
(...5
Lot ~6. IUDGE GROVE, aecording to ~t theROf, retorded ht Plat Book 22, "PaKC(l) 8, of tbe
Public Records of Palm Beaeh County, ~~,~,
,. .-,
SUBJECT TO cIIVenants, conditions, restrictions, r~~1t4QIlli. limitations, easements and agreements of record, if any;
taxes and a~ssments for the year lOG5 and sub~~~!lpd to all applicable ~ning ordinances and/or restrictions
and prohibitions imposed by Ilovcmmc:ntal authorities, if,..,v Y'<:; i.'
~-,,!''-..J
, / ~~
TOGETHER with all the tenements, hereditaments and apNrt'er)li1l:~'~hereto belonging or In anywise appertaining.
'(/ J<')
TO HAVE AND TO HOLD, the same in fee simple forever. 'V:';'.,~,
{ (\\.;;
AND THE' GRANTOR hereby covenants with said GRANTEE tl'ls:c~",as above noted. the GRANTOR is lawfully
seized of sLid land in fee simple; that lhe GRANTOR has good, ri~ ~JitWfuJ authority to sell and convey said !and;
that the GlVtNTOR bereby fUlly warrants the litle to said land wd Wil111efcDd the same against the lawful claims of aU
persons wbomsoever.
, '/j' -~i\
IN WlTNE.SS WHEREOF, GRANTOR has signed and scaled these pres~~li~te sel forth above,
~ / N..iJ,
Sisned and' sealed in the presence of: :~..>',)'
~qu D. )vv
itn IlS #1 Signature _
. Name: c:ed;){(),tJ1tvts
. ~ utt/
Witness #2 Signa . \ . , '
Print Name: j";....,~. \.LJ lL)t...., ~ (
STATE Of Florida
COUNTY OF Broward
TIIE FOREGOING INSTRUMENT was acknowledged before me this 2-22-2005 by Beverly Beleosk)', a smile person
who is/are'personally knO'll.'I1 to me.
(SEAL)
"'~~~:;'::;" Jason W, Weiss
~':I!~,\~:, Com.missiOll ~DD2118S5
;\. "!!-,;,f Eqllfes: May 13,2007
";r~a~A~""" Bonded TIn
4r11l\ AIIlnCIIllhflllllq Co., lac.
Notary Public
My Commissi
Book18202/Page1514
Page 1 of 1
~2480
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__ · "...' . . I _ _ __ _ _ .-
85CP84( 0821 0810 0791 0771 0760 t)75( 0730 P72(0710
203(J 2C
1 in. = 127.2 feet
~70
80
90
1690
t)87
70~ D69~
~O
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~O
r-- -
)880 0890 0910 0930
0950
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1050
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-
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~RD ...., M RD
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h
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0030 0020 0010
I 0020 0170
0 0080 / Z ..........
Location Map - Exhibit "A"
~{b. 'JIL
r<f~l 7
," .
"'. .
. "." .1 JI
." ~
VI.-CONSENT AGENDA
ITEM C.3
C((.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
MeetinR Dates in to City Clerk's Office MeetinR Dates
0 Apnl 5, 2005 March 14,2005 (Noon.) 0 June 7, 2005
~ April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005
0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005
0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005
Date Final Form Must be Turned !!!
to City Clerk's Offi<:e
May 16,2005 (Noon)
June 6, 2005 (Noon)
June 20, 2005 (Noon)
July 5, 2005 (Noon)
---
,
0 Administrative 0 Development Plans
NATURE OF ~ Consent Agenda 0 New Business
AGENDA ITEM C:J
0 Public Hearing 0 Legal
-;:)
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation c...)
0 Ul
City Manager's Report
~-)
"')-;
--,-<
-<C)
") -'1
~ "Y}
~ --)
. '
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- ~-'"
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.1~1 ;::;
RECOMMENDATION:
Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Jack White
for the property at 3823 N Old Dixie Hwy, Delray Beach, FL (AMND PL of Trade Wind Estates LTS 5 & 7).
EXPLANATION:
The parcel covered by this agreement includes a single-family home located in Trade Wind Estates. Only potable
water is available for connection to the property at this time. (See location map)
PROGRAM IMPACT:
A Water Distribution exists on this street, allowing for the service to this parcel. No additional construction will be
required by the City to serve this property.
FISCAL IMPACT: None
fY
Av:t~N::~~ Utilmes semce.....
Depa~.at.re
City Manager's Signature
Department Name
City Attorney I Finance I Human Resources
XC: Peter Mazzella (wI copy ofattachments)
Michael Rumpf, Planning & Zoning <<
Anthony Penn
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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RESOLUTION NO. ROS-
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 ANNEXA TION BETWEEN THE
CITY OF BOYNTON BEACH AND JACK WHITE;
PROVIDING AN EFFECTIVE DATE.
13
I WHEREAS, the subject property is located outside of the City limits, but within our
rater and sewer service area, located at 3823 N. Old Dixie Highway, Delray Beach, Florida
iAmnd PL of Trade Wind Estates, Lots 5 & 7); and
WHEREAS, the parcel covered by this agreement will include a single-family home
I
rocated in the Trade Wind Estates project area; and
I
I
I WHEREAS, a water distribution main exists on this street allowing for the service to
I
I
,
~his parcel; and
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17
18
19
WHEREAS, no additional construction will be required by the City to serve this
20
roperty.
21
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22
HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24
eing true and correct and are hereby made a specific part of this Resolution upon adoption
25
26
Section 2.
The City Commission hereby authorizes and directs the City Manager
27 0 execute a Water Service Agreement between the City of Boynton Beach, Florida and Jack
28 hite, which Agreement is attached hereto as Exhibit "An.
29
Section 3.
This Resolution shall become effective immediately upon passage.
30
:\CA \RESO\Agreements\ Water Service\ White Water Service Agreement.doc
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PASSED AND ADOPTED this _ day of
, 2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ttest:
ity Clerk
:\CA\RESO\Agreements\Water Service\White Water Service Agreement.doc
THIS INSTRUMENf PREPARED BY:
James A. Cherof, Esquire
3099 East Corrnnercial Blvd.
Suite 200
Ft. Lauderdale, fl., 33308
AGREEMENf FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENf made on this _ day of ,200_, by and between
':1 o..d<... uJ b:.d c::... hereinafter called the "Customer", and the OTY
OF BOYNTON 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 Customer with water service from its Municipal Water
System to service the real property described as follows and which Customer represents is owned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are ~ Equivalent Residential
Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering, material, labor,
installation and inspection of the facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to the Customer's premises. The
Customer shall be responsible for installation in conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the Customer's premises.
1
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
Engineers. The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have the work performed on behalf of the Customer,
in which case the Customer will pay in advance all estimated costs thereof. In the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other facilities extended from the City Water
Distribution System to and including the metered service to Customer shall be vested in the City
exclusively unless 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 such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option of the City at any
time the property is eligible under any available means or method for annexation. Customer will
inform any and all assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall not
constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
2
9. Annexation is intended to be and is hereby made a covenant running with the land
described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be
recorded in the Public Records of Palm Beach County, Horida, 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 oflocal, 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, Horida, 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 title to the
property which is the subject of this Agreement.
~
'^. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ~ day of
, '"'-- t~"-... , 200 ,~
WITNESS:
. 7;~ AS OWNER(S):
~ Owner Signatnre
A. PI{LE
>;4cK NH\Tb
Printed Owner Name
~Ic!fd/fi~e )-(UWO
Printed Witness Name
3
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 duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
:r CLL 1<:- L-<..J h I l-e to me known to be the
person(s) described in and who executed the foregoing instrument that he/she acknowl~e
me that h ame; that the individual was personally known to me at:provided the
ollowing proof of identification: ;::-J p R I cia d j2 I' (./ f? 12.:' 1/ '(' f? /1 \.) (' .
c4c
WITNESS my hand and official seal in the County and State last aforesaid this "7 day of
YrL t/.M .A<-- ,200S-
,
(Notary Seal)
~~'*.~~;:'" Barbara M. Madden
~~";T~~Commission # DD125274
=';'~ i...= Expires July 19 2006
~~... :~S ded nn=u
"t!"d; f\.~~'~ ~n.
"11,,1\" AtlantiC Bonding Co., Inc.
~L-tt-- A, \ h-L~v,
Notary Public
WITNESS:
CITY OF BOYNTON BEACH, FLORIDA
Kurt Bressner, City Manager
ArrEST:
City Clerk
STATE OF FLORIDA )
4
) 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
, City Manager and , City Oerk
respectively, of the City named in the foregoing agreement and that they severally acknowledged
executing same in the presence of two subscribing witnesses freely and voluntarily under authority
duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed
thereto is the true corporate seal of said City_
WITNESS my hand and official seal in the County and State last aforesaid this
,200__
day of
(Notary Seal)
Notary Public
Approved as to form:
City Attorney
5
Exhibit A
Legal Description: Lot 5 and 7, AMENDED PLAT OF TRADE WINDS ESTATES,
according to the plat thereof, as recorded in Plat Book 21, at Page 73, of the Public
Records of Palm Beach County, Florida
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF '"?a.lh'1 &~
I/We,
0"ec-dL LJh.~+~
, hereinafter "Grantee", hereby
make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and
lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole
purpose of executing on behalf of Grantee the power to initiate, maintain, and complete
a voluntary petition for annexation of the real property described herein into the CITY
OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH
full and complete authority to act on Grantee's behalf to accomplish annexation by any
available means. The real property which is the subject of this power is described as
follows:
o y - y 3 - Lft.r, ~ () 'i.- J"7 .-DOD~ t!/ 050
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 7ft..... day of
Mevtch. , 20~ and the powers and authority shall be irrevocable by
Grantee.
~
IN WITNESS WHEREOF, we have hereunto set our hands and seals the 7
day of ;"VL(A,-{,'~'-- , in the year two thousand and ,;) C 0 ~
Sealed and delivered in the presence of ~
/"1 own~nalure d
;fltIJ/7f1 4. ,LJ'!t::E
Printed Witness Name
C5 (.\CJ< lAl H lIb -
Printed Owner Name
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Printed Witness Name
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
[4,
THE FOREGOING INSTRUMENT was acknowledged before me this 7 day
of hL/~-i\... ,20D ~, by J IC L L iUh; fe and
, who are known to me or who have produced
r / p(i2-/'rIA.. c)/2/jJ'/'tf) IS J/c'j'/J<j,18.S identification and who did/did not take an oath.
I ~Lh0-- /t1.. IlL ~
NOTARY PUBLIC
Type or Print Name
Commission No.
,I""" B b
_,,~-v-y "i~ ar ara M Madden
':-<::>A"-:--; ", C "
= ~/ ."~~ o~on # DD125274
:,%\ l~= Exp1I'eS July 19, 2006
...,;/'f-'I'~~~ Bonded Thru
-",i".,," Atlantic Bonding Co.. Ine.
My Commission Expires:
POA.IND
?alm Beach County Property Appraiser Property Search System
Page 1 of 2
Location Address: 3823 OLD DIXIE HWY
~""m~'
Municipality: BOYNTON BEACH
Parcel Control Number: 08-43-46-04-17-000-0050
Subdivision: TRADE WIND ESTS AMND PL
Official Records Book: 13693 Page: 1243 Sale Date: Nov-2001
Leg~IDes(:riptloJ1: AMND PL OF TRADE WIND ESTATES LTS 5 & 7
Owner Information
Name: CARPIO ARCENIO R
~l
Mailing Address: 3823 N OLD DIXIE HWY
DELRAY BEACH FL 33483 6323
Sales Information
Sales Date Book/Page
Price S~leTYPe
Owner
r.....-,",~I
Nov-200 11369:311243
Mar-2000 11685/835
Jan-1992 0]168/0283
$10 QUIT CLAIM CARPIO ARCENIO R
$25,000 WARRANTY DEED CARPIO ARCENIO R
$36,900 AGREEMENT DEED
Exemptions
Jtwros - Full Homestead Exempt $25,000
Total: $25,000
Year of Exemption: 2005
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use Code: 0100
2004 2003 2002 Tax Year 2004
36 846 $33,218 32.363 Number of Units: 1
31 000 $15,120 12.096 *Total Square Feet: 780
67 846 $48 338 ;44.459
Description: RESIDENTIAL
* in residential properties may indicate living area.
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
~
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
!.IIiIt----.J ~ [~b~.."~~"".~>&~,1
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detail on one page.
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IIIIIII.IIIIIIII~.I.I.
--9
nil Docuwuat .....pllTOd By ad Jlo!1lnl m,
Janell IIend:dclt
~ll~ Hational Title, Ine,
4588 N. Uni~r.ity Dri~
Lavderh111, FL 33351
b
CFN 200501:21170
OR 8M 18205 PG 1331
RECORDED ~/e3/2G1115 es: 82: 83
Pal. Belch County, Florid,
AIlT 74,411.....
Doc St8.p 513..'
Sheron R, Bock.CLERK & COIlPTROLLER
Pg 1331: IlpO)
, hreolllJ Numbor: Oa::~43-4 6-04-17-000-0050
, "
Warr~litt~eed
I .,"/
.nls IndentuRt>-'\Mooe this 22nd day of'
.~ENIO R.\S~"'~O, a .inqle man
.. ...-
. '-;..~" .,- .".
-.r 1I1.e County of paii;;.aiAt.c:h
JACK WH:ITE, a\:~i~.~~::::man
Febr\Ulry
, 2005 A.D..
Between
Slab> of i'~orida
, grantor. a""
~.
., )
Witnesseth ,hat tbe GRANTOR. ~~fr;'t<o""d""li"" of the NJII of
--------------------~~:~ DOLLARS ($10)----------------------- DOLl~,
lIlld o.ber good ond volUllble cOl15ide~..iO;~RANTOR in lwld pold by GRANTEe. the receipt whereof IS h.reb~ ackoowlcdzcd. has
grantocl, bargained and .old to 111. ,aid G~'" GRANTEE'S hoits. 'OC'''''''''' .nd assilPl" fb<ever. the fol.......iI\jJ de.cribed land. sillllle.
lying and being In the County of Palm Bl!(..:ei2 Slare of Florida ro "'it:
\~";;
364 NE\;-~fi~eet,
\:r 1 ~"'~:"
Palm Se.6'h'
Boca Raton, FL 33432
whose address is'
of lhe County of
S_ of Florida
, gl'lUltee.
Lot 5 and ." AMEHDED P~~.. TRADE wnms BSTATES, accorcli.nq to the
plat th.reof, .. recorde~~~ Plat Book 21, at Page 73, of the Pub~ic
Records of Pa1m Beacb count~;lorida, i
Subject to: (1) '1'axes for Yei~~;':9f closing- and .ub..qU.Dt ~.rs/ t-')
zoning' and/or restrictions .nCr~ohibition. ilapo._ by governumtaJ.
authority; (3) restrictions .~~~er mat~. appearing OD ~ p~.t
and/or c~n to the subcliviai\ia.n}') uti~ity ea.ements of record.
c,;/{ C
~/:..,--,
\J .--. ".-.'.
'\::;:h'~':;
\!; ('.,>)
\~(;'-;:.:);>
..~/,..
~"<
(9';)
",_., ','i)
'-.-.-'..,.. 0,;)
and lhe ifaJllor do.. hereby fI.'lly w.mm the tide to ,a.id land, .nd will defend Ihc ~~:]~f'" ~laim. of aU pc:nIOD' whomsoever.
... '~._." .. I,
ereoi'. <be _lor has h~OWl'" oct hi. band IIDd seal the d.y ODd yoar ,~ ~~~~.
"L._ -=_-:.
d delivered In our presence: ,_.-
III WitDess
Signed, seale
~o~~"q.}~~
ARCENIO R. CARPIO
P,O. Addrc..: 1646 NE J A_II" DC f'lly...... FL JJ444
(Seal)
Printed
Witnes~
Printed Name: 1-<....... 6it~
Witness
STATE OF Plorida
COUNTY OF Broward
The fore8oill.ll inslnlnlimt w,,", llel1now1edaed bow.. me Ibi. 22nd day of
ARCBNIO R. CARPIO, a s.in91e man
February
. 2005 by
be is personally knOW" to me or he has produoed blS Florida driver I. 1
,"'''''' Melanie J. tnine
,.....'Jo..Q.'f,Q -........c-.lm-
[?::- _~==-ckt. 31,;"
~'~,\ ~ -'-Jb.i.d TIIrtl
......;~.~ ,,'i}....'" AllIm;r Bardng eo.., IrM:..
~Gcnm.roc1tl)"ODiqJj)'5)lIC'll'!L_" ,003 ,hJI-:e..!.S'~.!: fo.M'lFLWD.1
Book18205/Page1331
Page 1 of 1
...
5010
1 in. = 144.9 feet
0241
0243
5020
0110
0090
0020
0690
0250
0250
Id Dixie H
0670
0660
0651
0652
0642
0641
0620
900
10
0150
0210
Location Map - Exhibit
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR
VI.-CONSENT AGENDA
ITEM C.4
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 April 5,2005 March 14,2005 (Noon.) 0 June 7, 2005
~ April 19,2005 April 4, 2005 (Noon) 0 June 21,2005
0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005
r. May 17,2005 May 2,2005 (Noon) 0 July 19,2005
~...
Date Final Form Must be Turned
in to City Clerk's Office
May 16,2005 (Noon)
June 6, 2005 (Noon)
June 20, 2005 (Noon)
July 5, 2005 (Noon)
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0 Administrative 0 Development Plans
NATURE OF ~ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
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RECOMMENDATION: Amend the Cemetery Rules and Regulations to add a new rule as follows:
26, The use of a concrete (at minimum) urn vault for cremated remains (cremains) in
Boynton Beach Memorial Park shall be required. The cost of the vault will be borne by
the funeral director,
EXPLANATION: During a Cemetery Board meeting in January, there was discussion about the need for
the addition of a new rule to the Cemetery Rules & Regulations that would require the use of a concrete vault.
This vault would provide better preservation of the remains and would also protect the City from liability.
Cemetery staff expressed concern that wooden, plastic and cardboard containers presently being used do not
provide that protection. The cost of these vaults is inexpensive at $60, The chairman of the Cemetery Board
noted for the record that Boynton Beach Memorial Park is the only cemetery in Palm Beach County that does not
currently require the use of urn vaults.
The Cemetery Board unanimously voted to recommend to the City Commission amending the Cemetery Rules &
Regulations to require the use of concrete urn vaults at Boynton Beach Memorial Park. Mr. Brady Osborne was
notified by certified mail on February 14, 2005, and he has not expressed any objections to this recommendation,
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: Not amend the Rules & Regufations to require concrete urn vaults and continue allowing
wooden, plastic and card:d containers for the burial of crema~ .
Department Head's Signature City Manager's Signature
City Clerk's Office
City Attorney / Finance / Human Resources
S:\CC\WP\CEMETERy\Letters\RULE CHANGES\Use of Urn Vaults in BBMP - OS-17-0S.dot
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RESOLUTION NO. 05-
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING THE
CEMETERY RULES & REGULATIONS TO ADD
A NEW RULE #26; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Cemetery Board has been reviewing the Cemetery Rules and
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Regulations and does hereby recommend an amendment to the Rules and Regulations
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Amended March 1, 2005; and
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WHEREAS, upon recommendation from the Cemetery Board, the City
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Commission has determined that it shall add a new Rule #26.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
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OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
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Section 1.
Each Whereas clause set forth above is hereby ratified as being true
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and correct and incorporated herein by this reference;
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Section 2.
The City Commission of the City of Boynton Beach, Florida,
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amends the Rules and Regulations of the Cemetery Boards by creating a new Rule #26, to
read as follows:
25. The use of a concrete (at minimum) urn vault for cremated remains
(cremains) in Bovnton Beach Memorial Park shall be required. The cost of
the vault will be borne bv the funeral director.
Section 3.
This Resolution shall take effect immediately upon passage.
:\CA\RESO\Administrative\Cemetery R&R - Create Rule 26.doc
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PASSED AND ADOPTED this _ day of April, 2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
:\CA\RESO\Administrative\Cemetery R&R - Create Rule 26.doc
Meeting Minutes
Cemetery Board
Boynton Beach, Florida
January 27,2005
C. Discuss urn vaults
Mr. Balfe stated that the Cemetery Rules did not require that cremains be placed in a
vault. He believed that cremains should be placed in a vault to insure that they could be
located if and when a family requested disinterment. Not being able to find the
cremains was a potential liability to the City. Most of the urns that are placed in plots
are very small and made of materials that are subject to deterioration. Wooden and
plastic containers do not last well. A cardboard box, for example, could deteriorate very
rapidly. Placing the remains in a concrete vault would provide better preservation of the
remains and protect the City from liability. The current Cemetery Rules & Regulations
did not call for a vault. The vaults for cremains are inexpensive at about $60.
Chair Enkoff remarked that this Cemetery was the only one in the County that did not
require urn vaults. For many years, cremains were placed under the marker to make
them easier to find, but that was not always the case. With a concrete urn vault, all
cremains could be located when necessary.
Motion
Secretary Prainito moved to recommend that the City Commission amend the Cemetery
Rules and Regulations to require a concrete (at minimum) urn vault for cremated
remains (cremains), the cost of which to be borne by the Funeral Director. Ms. Frazier
seconded the motion that passed unanimously.
D. Perpetual Care
Mr. Balfe reported that there were two aboveground mausoleums at the Cemetery, and
the Board had asked that he contact the families about making repairs to them. He was
not certain whether this repair would be the responsibility of the family or the City via the
Perpetual Care funds.
A discussion ensued. The consensus was that it was the responsibility of the family to
maintain the mausoleums and that if they could be contacted, they would probably be
amenable to making the repairs.
Motion
Secretary Prainito moved to direct staff to contact the family who owned the two
aboveground mausoleums at the Cemetery and ask them to provide the needed
repairs. Ms. Morrison seconded the motion that passed unanimously.
E. Vault Deliveries
Mr. Balfe explained the problem he had been having with Pyramid Vault Company, who
was not delivering vaults until 6 p.m. on the day before a service. That requires overtime
for a person to come in and prepare the ground on the day of the service. Through
6
The Citv of Bovnton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-
beach. fl. us
www.boynton-beach.org
BY CERTIFIED MAIL #7002 0510 0002 5848 8222
February 14, 2005
MR. BRADY OSBORNE
BOYNTON BEACH MAUSOLEUM, INC.
1611 SOUTH SEACREST BOULEVARD
PO DRAWER 1429
BOYNTON BEACH, FL 33425
Dear Mr. Osborne:
At the Cemetery Board meeting of January 24, 2005, the members unanimously passed
a motion to recommend to the City Commission that the Cemetery Rules & Regulations
be amended to include a new rule to require the use of a concrete (at minimum) urn
vault for cremated remains (cremains), the cost of which will be borne by the funeral
director.
This recommendation will be forwarded to the City Commission for their consideration
and adoption on April 19, 2005. If I can offer any assistance or provide any additional
information, please let me know.
Very truly yours,
CITY OF BOYNTON BEACH
Janet M. Prainito, CMC
City Clerk
c: Cemetery Board; Kurt Bressner, Jody Rivers, James Cherof, Cemetery Clerk, Central File
S:\CC\WP\CEMETERy\Letters\RULE CHANGES\Intent to Amend Rules Regarding the requirement for an urn vault - 02-14-05.doc
America's Gateway to the Gulfstream
NOTICE TO LOT OWNERS IN BOYNTON BEACH MUNICIPAL CEMETERIES
Rules and Reaulations Amended March 1, 2005
GENERAL
1. Lot owners shall not allow interments to be made in their lots for remuneration; nor shall any transfer,
assignment, or conveyance of any lot or any interest therein be valid without the consent in writing of
the City of Boynton Beach and same endorsed upon such transfer, assignment or conveyance. No
transfer, assignment, or conveyance of a lot can be made after an actual interment in it, except with
the consent of the City of Boynton Beach after the body is lawfully removed therefrom. No
disinterment shall be allowed except by the consent of the Board of Governors and upon written
request of the owner or owners of the lot and in every case shall only be made by the proper
authorities.
(NOTE: Authorized disinterment and shipment of body may be made only by a licensed funeral
director licensed in Florida to another licensed funeral director at terminal point.)
2. The City of Boynton Beach is reluctant to interfere with the tastes of individuals in regard to the style
of their improvements at the cemetery; but in justice to the interest of the whole and all cemetery lot
owners, it reserves to itself the right of preventing or removing any erection, enclosure, monument,
inscription, tree or shrub which is inconsistent with the purpose of these rules and which the City
considers injurious to the grounds. Under no circumstances will lots be allowed to have on them
growing or live plants, trees, or bushes directly planted in the ground and such will be removed by City
employees.
3. In addition to the grave marker, there will be a limit of three items placed on a grave site. In general,
these three items can be those chosen by the owner, but must be able to be moved with one hand
and flowers must be in a container that has a solid base so that it will easily stand erect or in a
container with a point on the bottom that is easily stuck into the ground. These items must be
tastefully placed at gravesites. Employees will, for cemetery maintenance purposes, move and
replace these items with care, but the City does not accept responsibility for replacing broken items
unless there is a clear negligence on the part of the City employees.
(NOTE: City employees may remove any item placed on a gravesite that becomes untidy or unsightly
to the appearance of the Cemetery.)
4. All lot enclosures of any kind whatever are prohibited. Comer stones properly numbered and set flush
with the surface of the ground will be allowed. No brickwork will be allowed above ground level in any
portion of the cemeteries. No mounds are permitted over graves. The grade of all lots will be
determined by the Board of Governors.
5. No person shall be allowed to perform any modification or construction on a lot without a permit from
the City. No money should be paid to any person in the employ of the City for services or attention,
other than their salaries and wages paid by the City.
6. To protect the grounds and especially improved lots from injury, all excavations shall be made by the
City.
7. All permanent grave markers must be ground level, of bronze, marble or granite material and placed
on a six (6) inch concrete base, subject to proper permit and fees.
8. All temporary grave markers will be allowed for a period of six months from date of burial. Temporary
markers will be removed by cemetery workers after that time.
1
9. All urns, vases, or grave markers damaged or lost will not be the responsibility of the cemetery.
10. No wooden boxes may be used for interment. Casket must be encased in a solid container - concrete
container or vault.
11. The Board of Governors from time to time may initiate and recommend the laying out, altering, or
closing of such avenues or walks and make such rules and regulations for the government and
improvement of the cemetery as it may deem requisite and proper, subject to City Commission
approval.
12. No purchaser shall be entitled to a deed to any lot nor will a burial be permitted in any lot until all
accounts relating thereto and due the City are paid.
13. Lots, if not needed, may be returned to the City for a refund of the purchase price less 20 percent.
The deed must be surrendered. No sign indicating that a lot is "For Sale" will be permitted on the
grounds.
14. On Veterans' Day and other national holidays, the Veterans' organizations may join in memorial
services at the cemeteries upon scheduling with the Secretary of the Cemetery Board, the City Clerk.
MAUSOLEUM
15. Mausoleum Crypts or Niches - Prior to interment, an owner may transfer or resell the mausoleum
crypt or niche provided the owner first obtains the written consent of the City of Boynton Beach and
Boynton Beach Mausoleum, Inc. Such consent shall be given automatically provided that the new
purchaser's name, address and phone number are on file with the City Clerk and an administrative
fee equal to the cost of relettering the mausoleum, crypt, or niche is paid to Boynton Beach
Mausoleum, Inc.
After interment, resale or transfer of ownership shall be allowed only to the City of Boynton Beach at a
cost of 50% of the original purchase price paid for the crypt or niche and provided that disinterment
has occurred and implemented by the proper authorities. The City may not offer these crypts or
niches for sale until the termination of the contract with Boynton Beach Mausoleum, Inc.
No disinterment shall be allowed except by the consent of the Board of Governors following written
request by the owner or owners of the crypt/niche and in every case shall only be made by the proper
authorities.
(NOTE: Authorized disinterment and shipment of body or remains may be made only by a licensed
funeral director licensed in Florida to another licensed funeral director at terminal point.)
16. The City reserves to itself the right to approve any erection, enclosure, monument, inscription, tree or
shrub.
17. In addition to the bronze letters, there will be a limit of two emblems allowed per crypt/niche. These
bronze letters and emblems may be obtained from Boynton Beach Mausoleum, Inc., who is the City's
exclusive sales agent, and shall be installed by the City of Boynton Beach.
18. No artificial flowers, except silk flowers, are permitted in or around Mausoleum buildings. All flowers
must be placed in front of or near a particular crypt or niche and fresh flowers can remain for a
maximum period of three (3) days. One (1) vas per crypt/niche will be allowed. Flowers must be in a
container that has a solid base so that it will easily stand erect. Employees will, for maintenance
purposes, move and replace these items with care, but the City does not accept responsibility for
replacing broken items unless there is a clear negligence on the part of the City employees. After the
third day, or in the case of silk flowers, when the Cemetery Manager determines that the flowers have
2
become unsightly, said flowers and holder shall be removed and disposed of in a manner acceptable
to the Cemetery Manager."
"No potted plants containing soil, perlite, or other loose materials are permitted in chapels or
walkways in the Mausoleum. (Note: City employees may remove any item placed on a crypt/niche
site that becomes untidy or unsightly, in the sole and absolute discretion of the City."
19. No person shall be allowed to perform any modification on anything without written permission from
the City. No money should be paid to any person in the employ of the City for services or attention,
other than their salaries and wages paid by the City.
20. All original sales of mausoleum crypts or niches shall be originated by Boynton Beach Mausoleum,
Inc. Boynton Beach Mausoleum, Inc. shall then forward an executed request for the issuance of a
certificate of ownership within 30 days which shall include the purchaser's complete name, address
and phone number. Upon receipt of a request for the issuance of a certificate of ownership, the City
shall issue a certificate of ownership and forward it to the purchaser within 14 days. There shall be no
fee for issuance for the certificate of ownership.
21. Boynton Beach Mausoleum Inc. shall provide copies of every sales contract for each crypt/niche sold
to the City within 30 days of the sale. There shall be no requirement for an annual audit.
22. Any veterans' organization may erect a flag and/or memorial at the entrance to the Mausoleum
Chapel on Memorial Day.
23. The Board of Governors from time to time may recommend the altering of the Rules and Regulations
for the government and improvement of the mausoleum as it may deem requisite and proper, subject
to City Commission approval. At any time the Board of Governors proposes amending or altering the
Rules and Regulations for the mausoleum, they must notify Boynton Beach Mausoleum, Inc. by
certified mail return receipt requested of the proposed changes, at the same time any City
Commission action is sought regarding the rules. Boynton Beach Mausoleum, Inc. shall be given
forty-five (45) days from the date it receives notice of intended action by the Board of Governors prior
to any City Commission action being taken. All Rules and Regulations shall be applied prospectively
from the date of adoption. No Rule or Regulation shall be construed in a manner which would negate
or alter any contractual right between Boynton Beach Mausoleum, Inc. and any party to a purchase
agreement with Boynton Beach Mausoleum, Inc. or any contractual right between the City of Boynton
Beach and Boynton Beach Mausoleum, Inc.
24. As of the date of adoption of Resolution No. R04-065, on all new sales, the bodies placed in
the Mausoleum must be embalmed. On previously purchased crypts, if a person does not
wish to be embalmed, the body must be placed in a Ziegler case. Plastic trays must be
placed under the casket on all entombments in the Mausoleum, whether the bodies are
embalmed or not. The funeral home will bear the cost of the Ziegler cases and plastic trays,
but will pass that cost on to the purchaser.
25. In an adult grave, the following will be permitted: One (1) casket, plus one (1) cremains, or
three (3) cremains. No more than three (3) markers will be permitted per adult grave. In the
Replat section, two (2) cremains will be permitted in a cremains plot. No more than two
markers will be permitted on a cremains plot in the Replat section.
Revised 3/30/2005 10:48 AM
Resolutions No. R04-1l2
S:\CC\WP\CEMETERY\CEMETERY RULES\RULES200S - adopted Revision 03-01-0S.doc
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VI.-CONSENT AGENDA
ITEM C.S.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office ;:-)
D April 5, 2005
[gI April 19,2005
D May 3, 2005
D May 17,2005
March 14,2005 (Noon.) D June 7, 2005
April 4, 2005 (Noon) D June 21,2005
April 18, 2005 (Noon) D July 5, 2005
May 2, 2005 (Noon) D July 19,2005
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May 16, 2005 (Noon) _.~
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June 6, 2005 (Noon)
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NATURE OF
AGENDA ITEM
D Administrative
[gI Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
July 5, 2005 (Noon) (.)
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D Development Plans
D New Business
D Legal
D Unfinished Business
D Presentation
RECOMMENDATION:
Motion to approve and authorize the execution of a Resolution for Task Order No.3 for $252,200 to Brown and
Caldwell to provide a Business Case Evaluation for the Utilities Department Capital Program, within the context of a
strategic implementation plan, and an evaluation of the water system options afforded the City by way of the water
system interconnection with Palm Beach County Utilities.
EXPLANATION:
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On December 21, 2004 the City of Boynton Beach entered into a five-year bulk potable water purchase agreement to
receive up to 5 MGD. Section 8 of the Agreement provides the City with the option of extending the agreement up to
25 additional years and purchasing up to 8MGD. In order to exercise the option of extending this agreement, the City
must notify Palm Beach County Utilities of a commitment to extend the agreement by December 1, 2005. The broader
objective of this effort is to secure sufficient potable water capacity to address the future needs of Boynton Beach
Utilities Department customers.
As this decision will represent a major, long-term investment for the City, Brown and Caldwell has been asked to
undertake a Business Case Evaluation of the City's options. Said options include, but are not limited to, the above-
mentioned interconnection or a major investment in expanding the existing West Water Treatment Plant. The
Business Case Evaluation approach produces sound, objective information that facilitates decision-making by
providing a rational basis to compare options that have very different risk, cost and operating profiles. The result
will ensure that customers are provided the best, most cost-effective, long-term solution.
The Business Case Evaluation process will also be used to review and prioritize the projects identified in the Utilities
Department long-range Capital Improvement Plan (CIP), develop a Draft Capital Asset Plan and Business Case
Template, and expand the CIP from its current 5-year window to a 7 to 10-year window. Capital projects currently
listed in the CIP total more than $100,000,000.
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT:
The Business Case Evaluation process will assist the Department in developing a logical, fiscally sound, defensible
long-term CIP that will improve implementation efficiency and minimize unnecessary and/or untimely costs.
FISCAL IMPACT:
Fees for these services will be funded from Utilities Department Acct.
. #401-5000-590-96-10 WTR017 (403) for water system projects, and
. #401-5000-590-96-02 WTR017 (403), 401-5000-590-96-04 SWROll (403), and 401-5000-590-96-09 STM028
(403) for wastewater, reclaimed water and stormwater capital improvements.
ALTERNATIVES:
An alternative to this project would consist of proceeding with the CIP as currently envisioned, with no benefit of
financlalana'ysls or Implementation planniog. ~
~. ~::- ~~
Department Head's Signature
Kofi A. Boateng, P.E.
Director of Utilities
City Manager's Signature
Kurt Bressner
Department Name
Utilities Department
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R05-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING EXECUTION OF
5 TASK ORDER NO.3 TO THE FIRM OF BROWN AND
6 CALDWELL TO PROVIDE A BUSINESS CASE
7 EVALUATION FOR THE UTILITIES DEPARTMENT
8 CAPITAL PROGRAM IN THE AMOUNT OF
9 $252,000.00; AND PROVIDING AN EFFECTIVE DATE.
10
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12 WHEREAS, on December 21, 2004 the City of Boynton Beach entered into a five-
13 year bulk potable water purchase agreement to receive up to 5 MGD. There is also an option
14 to extend the agreement up to 25 additional years and purchase up to 8 MGD. In order to
15 exercise the option to extend the agreement, the City must notify Palm beach County of a
16 commitment to extend the agreement by December 1,2005; and
17 WHEREAS, as such, Brown and Caldwell has been asked to undertake a a Business
18 Case Evaluation of the City's options; and
19 WHEREAS, the City Commission, upon staffs recommendation, has deemed it
20 appropriate and in the best interests of the public to approve Task Order No.3 in the amount
21 of $252,000 with Brown and Caldwell to provide a Business Case Evaluation for the
22 Utilities Department Capital Program within the context of a strategic implementation plan,
23 and an evaluation of the water system options afforded the City by way of water system
24 interconnection with Palm Beach County Utilities.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S:\CA\RESOlAgreemenls\Task 0 Change Orders\Brown and Caldwell Task Order 3.doc
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
2 being true and correct and are hereby made a specific part of this Resolution upon adoption
3 hereof.
4
Section 2.
The City Commission of the City of Boynton Beach, Florida does
5 hereby authorize and direct the approval and execution of Task Order No.3 in the amount of
6 $252,000.00 with Brown and Caldwell to provide a Business Case Evaluation for the
7 Utilities Department Capital Program within the context of a strategic implementation plan,
8 and an evaluation of the water system options afforded the City by way of water system
9 interconnection with Palm Beach County Utilities.
10
Section 3.
This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this _ day of
,2005.
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30 ATTEST:
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33 City Clerk
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CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:ICAIRESOlAgreementslTask - Change OrderslBrown and Caldwell Task Order 3.doc
TASK ORDER No.3
APPLICATION OF BUSINESS CASE EVALUATION
FOR THE CITY OF BOYNTON BEACH
UTILITIES DEPARTMENT CAPITAL PROGRAM
Background
The Utilities Department has developed an extensive Capital Improvement
Program that contains a number of significant projects, with long-term
implications for costs and rates. Amongst the improvements are upgrade
and/ or expansion of both the East and West Water Treatment Plants. These
projects have been proposed, in part, to meet projected future demands caused
by increasing development densities in the City and changes in the source of
raw water supply triggered by new pennit requirements from the South Florida
Water Management District (SFWMD). These projects will have a significant
impact on long-term debt service, operations and maintenance costs for the
City.
One objective of this project will be to develop a broad, strategic context for
the orderly delivery of the Capital Projects. A Business Case Template will be
developed as a tool for achieving this goal.
Also to be considered is the opportunity for long-term bulk water purchase
from Palm Beach County, potentially in lieu of one or more of the capital
projects mentioned above.
Prior to moving forward with these projects, a Business Case Evaluation (BCE)
will be conducted by Brown and Caldwell (Engineer). BCE is a process that
has been developed and applied, following sound and proven principles of
asset management. The essential features of BCE are as follows:
A clear definition of the underlying needs and drivers for the project -
What issuers) is this prqject addressing?
c:\documents and settings\gomezn\my documents\bce proposal - rev 03-28-05 (3 ),doc
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A thorough identification of alternatives that address the issues- What
options (including outside options, such as purchasing water from Palm Beach
County) address the issues?
Critical review of the universe of options identified and elimination of
any options that have fatal flaws -Are atry options infeasible for technical,
economic or political reasons or do atry options not completefy address the prqject
issues?
A life cycle cost analysis of the remaining options - Quantijj; capital,
operations and maintenance (O&M) and rifurbishment costs for each option over its
entire life rycle.
Identification and quantification (to the extent possible) of benefits
produced by each option - Benefits are articulated in the context if achieving
customer level if smice expectations
Identification and quantification of risks associated with each option -
What risks does each option pose and what is the associated risk cost?
A present value analysis of the options - Present value is an economic
evaluation that allows the comparison if options with differing usifullives and cost
functions (lower capital, higher O&M vs. higher capital and lower O&M). In
addition, risk cost and benefits are included in the anafysis if thry can be quantified
The BCE approach produces sound, objective information that facilitates
decision-making by providing a rational basis to compare options that have
very different risk, cost and operating proftles. BCE applies fundamental
economic principles that have been used by private industry to evaluate capital
proposals for decades. It has recently been applied to public agency water and
sewer projects in Seattle, W A, Sacramento, CA and Asheville, NC.
Using BCE will allow Boynton Beach to objectively evaluate the proposed
Utilities Department water supply and treatment capital improvement program
by providing sound, comparable information to decision-makers for defensible
options that vary significantly. This will ensure that customers are provided the
best, most cost-effective, long-term solution.
In addition to the BCE, the City desires to produce a prioritized Capital
Improvement Program of water, wastewater and reclaimed water projects for
c:\documents and settings\gomezn\my documents\bce proposal - rev 03-28-05 (3 ).doc
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the Utility Department. All proposed capital projects will be subjected to a
multi-step process, which will result in a prioritization of projects and a 7 to 10-
year ClP, based on that prioritization. The results of the BCE for the water
supply and treatment options will be used to define which projects are
constructed and will provide input to the prioritization process. The
prioritization process defines when projects will be constructed.
Scope of Work
Part 1 - Business Case Evaluation (BCE) / Long- Term Water Supp~v
Task 1 - Kickoff Meeting with Business Case Team (BCT)
(The Business Case Team will consist of City staff, familiar with the issues
pertaining to this project.)
Oq;cctives: Engage the City's representatives in an effort to achieve consensus
on the issues, confirm project goals and define project success.
Activities:
1. The Engineer will assemble available background information and will
generate all exhibits and written material to be used during the meeting.
2. The Engineer will meet with members of the BCT to review said
materials and explain how Business Case analyses are conducted.
3. A draft outline of Business Case practices will be distributed and
discussed, and an example of a simple business case will be provided.
Based on these activities and discussions, consensus will be achieved
with regard to project issues, project goals and critical success factors.
4. The issues discussed and the resultant path forward for the project will
be captured in the form of a Meeting Summary memorandum and will
be included in the Final Report.
Deliverables: The deliverables for this task will consist of the development of
meeting materials, facilitating the kick-off meeting and generating draft and
final Meeting Summary memoranda.
Task 2 - Development of Business Case Template
Oq;cctives: The objectives of this task include the development of a Business
Case Template and discussion on its intended use for this project.
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3
Activities:
1. Based on the results of the Kick-off Meeting, the Engineer will develop
the draft Business Case Template and will distribute same to the BCT
for review and comment. The template will include requirements for the
Project Development Plan, cost/benefit analysis, benefits definition and
net present value calculations.
2. A question and answer session to address questions and comments
pertaining to the Business Case Template will be conducted via
telephone conference, if necessary.
Deliverables: The deliverables for this task will be participation in a telephone
question and answer session (if needed), and draft and final Business Case
Template documents for use during the project.
Task 3 - Information Request for Business Case Analysis
Oijectives: The objectives of this task are to collect and organize information
pertinent to this project, developed by Department staff and other consultants.
Activities:
1. Engineer will meet with Utilities Department to review, collect and
organize information developed by others, including studies, preliminary
engineering reports, preliminary designs and cost estimates. This data
will serve as the basis for the Business Case Evaluation.
Deliverables: The deliverables for this task will be draft and final tabulations of
information collected for use on this project and for inclusion in the Final
Report.
Task 4 - Project Alternatives Workshop
O~jectives: Identify and achieve consensus on the alternatives to be analyzed
during this project.
Activities:
1. Engineer will develop materials and exhibits, and will facilitate a one-day
workshop with the BCT to discuss, explore and define alternatives to the
water supply and treatment projects agreed upon under Task 3, above.
2. Utilizing Business Case Evaluation tools and criteria established by the
BCT, the selected alternatives will be evaluated for feasibility, life cycle
cost, benefits, implementation feasibility, regulatory acceptance and
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4
publici customer impact. The results of this workshop will be used in
the subsequent stages of the project.
Deliverables: The deliverables for this task will be draft and final summary
memoranda, capturing the workshop discussions and presenting a path
forward.
Task 5 - Life Cycle Cost Analysis
Ol:jectives: To perform cost/benefit analysis on the alternative project selected
during the Workshop conducted under Task 4, above.
Activities:
1. Engineer, working with the BCT, will prepare a life cycle cost/benefit
analysis for the selected projects and the top three (3)-ranked alternative
proJects.
2. Benefits will be quantified to the maximum possible extent and defined
qualitatively, where quantification is not feasible.
3. A question and answer session to address questions or concerns from
the BCT will be facilitated via telephone conference call, if needed.
Deliverables: The deliverables for this task will be participation in a telephone
conference call (if needed), and draft and final Summary Memoranda,
presenting the results of the cost analysis.
Task 6 - Net Present Value Analysis
Ol:jectives: Develop Net Present Value analysis based on information and
activities conducted thus far in the project. (The products of this Task will be
used by the BCT for help in identifying the most critical, cost-effective
projects.)
Activities:
1. Engineer will review the information gathered thus far, will use the Life
Cycle analysis to prepare a Net Present Value analysis and will prepare
the Business Case for the projects selected by the BCT. The Business
Case documents will be in the form of individual Technical Memoranda
for each of the projects. These memoranda will be submitted to the City
for review and comment.
2. A question and answer session to address questions or concerns on the
part of the BCT will be conducted via telephone, if needed.
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5
Deliverables: The deliverables for this task will be a question and answer session
(if needed), and draft and final Business Case Technical Memoranda.
Task 7 - Project Results Workshop and Final Report
Ol?jectives: Review each Business Case Analysis with the BCT, address final
questions, and identify any revisions needed prior to generating the Final
Report.
Activities:
1. The Engineer will prepare materials and exhibits, and will facilitate a
one-day Project Results Workshop.
2. The Business Case Analysis for each project will be presented and
reviewed with the BCT.
3. :Modifications to the Business Cases resulting from discussions and
observations during the workshop will be noted and incorporated into
the Final Report.
Deliverables: The deliverable for this task, and Final Deliverable for this project,
will be a project Business Case Evaluation Final Report.
Part 2 - Prioritized Capital Improvement Program
Task 1 - Collection of Project Information
Ol?jectives: Collect, organize and review available information provided by
Utilities Department staff.
Activities:
1. Engineer will collect, review and compile existing information pertaining
to capital projects greater than $500,000 in size from readily available
sources, such as studies, preliminary engineering reports, master plans,
design basis reports, concept designs, etc.
2. Utilities Department staff will provide this information. Materials
collected under this Task will be used to facilitate Task 2.
Deliverables: The deliverable for this task will be draft and final candidate
project lists, including project names, project objectives and forecast capital
costs.
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6
Task 2 - Prioritization Criteria & Workshop No.1
Ol:jectives: Develop and achieve consensus on a preliminary list of project
prioritization criteria, along with a "rating system" that will be applied to said
criteria to facilitate the decision-making process.
Activities:
1. Engineer will develop a preliminary list of prioritization criteria, such as
regulatory compliance, reliability, cost of service, water and wastewater
quality and quantity, safety and stakeholder confidence, and a rating
system in order to apply the criteria.
2. Engineer will prepare materials and exhibits, and will facilitate a half-day
workshop with City staff to review and refine the selection criteria and
rating system, and to finalize the candidate project list.
Deliverables: The deliverables for this task will be draft and final Summary
Memoranda of the workshop discussions, a refined criteria, rating system, and
final candidate project list.
Task 3 - Analyze Available Project Information
Oijectives: Generate a preliminary "rating" for each candidate project.
Activities:
1. Engineer will review and analyze available information for the candidate
projects relative to the prioritization criteria established under Task 2,
above.
2. This information will be used by the Engineer to prepare a preliminary
rating for each candidate project.
3. Gaps in available information will be identified and appropriate City
staff will be requested to fill said gaps.
Deliverables: The deliverables for this task will be a preliminary list rating the
projects and a list of information gaps.
Task 4 - Preliminary Prioritization & Workshop No.2
Ol:jectives: Achieve consensus regarding the "rating" for each project, relative to
the established prioritization criteria (from Task 2).
Activities:
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7
1. Engineer will prepare materials and exhibits, and will facilitate a half-day
workshop to review and confirm the preliminary prioritization list with
City staff. The goal of the workshop will be to reach a consensus view
of the rating for each project relative to the prioritization criteria.
Business Case Evaluation tools developed under earlier Tasks in this
project will be used here.
De!iverabfes: The deliverables for this task will be draft and final Summary
Memoranda of the workshop discussions and a final list of prioritized projects.
Task 5 - Draft CIP
O,?jectives: Develop a Draft CIP, listing projects identified, using the Business
Case Evaluation process and a Long-Range Conceptual Asset Plan Template.
Activities:
1. Engineer will use the prioritized list of projects to prepare a draft 7 to
1 a-year CIP. Project sequencing and relationships will be considered in
developing the program. In addition. affordability, reasonable
implementation schedules and logistical issues will be considered.
2. Engineer will develop a Long-Range Capital Asset Plan Template, which
will provide the context for the CIP and a roadmap for moving forward.
The Conceptual Asset Plan Template will identify the relationship
between the CIP, an asset management program and a condition
assessment program as a means toward sustainable infrastructure.
Preliminary implementation schedules and first order budgets for major
program components will be included.
Defiverabfes: The deliverable for this task will be a draft 7 to la-year CIP and a
Draft Long-Range Conceptual Asset Plan Template.
Task 6 - Draft CIP Review - Workshop No.3
O,?jectives: Review the Draft CIP prepared under Task 5, address comments
and/ or concerns and achieve consensus on the sequence and scheduling of the
projects.
Activities:
1. Engineer will prepare material and exhibits, and will facilitate a half-day
workshop with City staff to review the draft CIP.
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8
2. City staff will have an opportunity to ask questions and offer comments
concerning the project, and will be asked to reach consensus regarding
the sequence and timing of projects in the ClP.
Deliverables: The deliverables for this task will be draft and final a Summary
Memoranda of the workshop discussions.
Task 7 - Final elP and Presentation
Ol?jectives: Develop and present the Final 7 to 10-year ClP and Conceptual
Asset Plan Template for the Utilities Department.
Activities:
1. Based on the input received in Workshop No.3, Engineer will prepare
the final ClP.
2. Engineer will present the final ClP to City Manager and Commission.
Deliverables: The deliverables for this task will be the Final 7 to 10-tear ClP,
Final Long-Range Conceptual Asset Plan Template, and the presentations to
the City Manager and City Commission.
Contract Reference
The subject Task Order will be performed in accordance with terms and
conditions contained in the Brown and Caldwell Professional Consulting
Services Agreement of November 18,2003.
Additional Services
Additional services requested by the City may be provided under an
amendment to this Task Order, or under separate Task Order.
Obligations of the City
The City will provide information and documentation pertinent to this project
within fifteen (15) calendar days from request by Brown and Caldwell.
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9
It is also anticipated that the review process for draft documents submitted for this project
will be completed within fifteen (15) calendar days.
Schedule
It is anticipated that the effort for Part 1 will be concluded within one hundred
twenty (120) days after receipt of a Notice to Proceed (NTP) and Part 2 will be
concluded within one hundred sixty (160) days after a NTP. Individual Tasks
will be completed within the stated number of days following the NTP as
follows:
Part 1 - BCE
Task 1 - Kick-Off Meeting
Task 2 - Business Case Template
Task 3 - Information Request
Task 4 - Project Alternatives Workshop
Task 5 - Life Cycle Cost Analysis
Task 6 - Net Present Value Analysis
Task 7 - Results Workshop & Report
15 days
20 days
20 days
45 days
75 days
100 days
120 days
Part 2 - Prioritized CIP
Task 1 - Project Information Collection
Task 2 - Prioritization Criteria & Workshop No.1
Task 3 - Analyze Project Information
Task 4 - Preliminary Prioritization & Workshop No.2
Task 5 - Draft CIP
Task 6 - Draft CIP Review - Workshop No.3
Task 7 - Final CIP
15 days
30 days
60 days
90 days
130 days
140 days
160 days
Compensation
The budgets for each Sub-task and corresponding percent value are as follows:
Part 1 - BCE
Task 1 - Kick-Off Meeting
Task 2 - Business Case Template
Task 3 - Information Request and Analysis
Task 4 - Project Alternatives Workshop
Task 5 - Life Cycle Cost Analysis
$ 7,500
$ 5,000
$19,200
$33,400
$55,400
(05%)
(03%)
(12%)
(20%)
(34%)
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10
Task 6 - Net Present Value Analysis
Task 7 - Results Workshop and Report
$18,500
$25,600
(11 %)
(15%)
Part 1 Total Fees = $164,600
Part 2 - Prioritized CIP
Task 1 - Project Information Collection
Task 2 - Prioritization Criteria & Workshop No.1
Task 3 - Analyze Project Information
Task 4 - Preliminary Prioritization & Workshop No.2
Task 5 - Draft CIP
Task 6 - Draft eIP Review - Workshop No.3
Task 7 - Fin~l CIP
$15,500
$ 9,500
$ 9,800
$11,000
$20,800
$ 7,800
$1 ),200
(18%)
(11 %)
(11 %)
(13%)
(23%)
(09%)
(15%)
Part 2 Total Fees = $87,600
Compensation for services rendered under this Task Order No.3, Part 1 is
based on a Lump Sum Fee of $164,600. Compensation for services rendered
under this Task Order No.3, Part 2 will be based on a Lump Sum_Fee of
$87,600. The grand total Lump Sum Fee for Task Order No.3 is $252,200.
Monthly invoices will be based on "percent complete", in accordance with
individual sub-task values listed in this section.
APPROVED BY:
CITY OF BOYNTON BEACH, FLORIDA
By:
Kurt Bressner, City Manager
Dated this
day of
,2005.
SUBMITTED BY:
BROWN ~DWELL /I
By: ~vt1~
Ronald M. Ash, P .E.
Vice President
Dated this
01
day of Apri /
,2005.
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11
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VI.-CONSENT AGENDA
ITEM C.6.
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 Citv Clerk's Office Meeting Dates in to City Clerk's Office
D April 5, 2005 March 14, 2005 (Noon.) D June 7, 2005 May 16,2005 (Noon)
[gI April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF [gI Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Accept, by Resolution, an Interlocal Agreement between the City of Boynton Beach and
the Boynton Beach Community Redevelopment Agency and a Lien Assignment and Subordination Agreement to provide
funding for the demolition of the Boynton Terrace Apartment complex which was damaged during Hurricanes Francis and
Jeanne.
EXPLANATION: The City is proceeding to demolish the unsafe structures in the Boynton Terrace Apartment
complex. The CRA has agreed to provide $350,000.00 in funding to clear the property but has requested that the City assign
the City demolition lien on the property and subordinate any other Code enforcement liens. The attached agreement sets for
the terms of that relationship.
PROGRAM IMPACT: These Agreements will expedite the demolition of the unsafe structures
FISCAL IMPACT:
CRA.
The Agreement will save the City the cost of the demolition as those funds will be provided by the
ALTERNATIVES:
City to proceed with demolition once funds are identified and transferred from another source.
City to require property owner to demolish the structures or abate the nuisance.
~~/L/
Department Head's Signature
i.tJ f1~/\...../
City Manager's Signature
City Manager
Department Name
.y
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2 RESOLUTION NO. ROS-
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, APPROVING THE
7 INTERLOCAL AGREEMENT AND A LIEN
8 ASSIGNMENT AND SUBORDINATION AGREEMENT
9 BETWEEN THE CITY OF BOYNTON BEACH AND
10 THE BOYNTON BEACH COMMUNITY
11 REDEVELOPMENT AGENCY PROVIDING FOR
12 FUNDING FOR THE DEMOLITION OF THE
13 BOYNTON TERRACE APARTMENT COMPLEX; AND
14 PROVIDING AN EFFECTIVE DATE.
15
16 WHEREAS, the Boynton Terrace Apartment complex has been damaged due to
17 Hurricanes Francis and Jeanne and has been declared to be a nuisance and safety hazard to
18 the public and emergency personnel of the City of Boynton Beach; and
19 WHEREAS, Boynton Beach Community Redevelopment Agency will provide the
20 funding for the demolition of the Boynton Terrace Apartment complex which is located in
21 the CRA's Heart of Boynton Redevelopment area; and
22 WHEREAS, the City Commission of the City of Boynton Beach, upon
23 recommendation of staff, deems it to be in the best interests of the residents and citizens of
24 the City of Boynton Beach to approve the lnterlocal Agreement and the Lien Assignment
25 and Subordination Agreement between the City of Boynton Beach and Boynton Beach
26 Community Redevelopment Agency.
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
29
Section 1.
Each Whereas clause set forth above IS true and correct and
30 incorporated herein by this reference.
S:\CA\RESO\Agreements\Interlocals\ILA with CRA (Dernolition of Boynton Terrace).doc
Section 2.
The City Commission of the City of Boynton Beach, Florida does
2 hereby approve the lnterlocal Agreement and the Lien Assignment and Subordination
3 Agreement between the City of Boynton Beach and the Boynton Beach Community
4 Redevelopment Agency, copies of said Agreements are attached hereto as Exhibit "A" and
5 Exhibit "B" respectively.
6
Section 3.
That this Resolution shall become effective immediately upon
7 passage.
8
PASSED AND ADOPTED this _ day of
,2005.
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10
11
12
13
14
15
16
17
18
19
20
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22
23
24
25
26 ATTEST:
27
28
29 City Clerk
30
31
32 (Corporate Seal)
33
34
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\RESO\Agreements\Interlocals\ILA with eRA (Demolition of Boynton Terrace),doc
INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
("CITY") AND THE BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY ("CRA")
This Interlocal Agreement (hereinafter "Agreement") is made the , day
of , 2005, between the CITY OF BOYNTON BEACH, a municipality
located in Palm Beach County, Florida (hereinafter "CITY") and BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to
Charter 163, Part III, of the Florida Statutes (hereafter "CRA"), each one constituting a
public agency as defined in Part I of Chapter 163, Florida Statutes.
RECITALS
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969" authorizes local governments to make the most efficient use of
their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities that would harmonize
geographic, economic, population and other factors influencing the needs and
developments of local communities; and
WHEREAS, in September 2004, following Hurricanes Francis and Jeanne, the
City's building and code inspectors conducted a damage assessment of a number of
multi-family housing complexes in the CITY, including the 16 building, 89 unit complex
known as BOYNTON TERRACE (hereinafter the "Apartment Complex"); and
WHEREAS, as the result of this assessment the inspectors discovered a number
of structural and environmental problems at the Apartment Complex, many of which
predated the hurricanes; and
'VHEREAS, based on reports provided by independent engmeenng and
environmental consultants hired by the CITY to conduct a detailed examination of the
structural and environmental integrity of the Apartment Complex, the City's building
officials found it necessary to declare all 16 buildings of the Apartment Complex to be
"unsafe;" and
WHEREAS, the owners of the Apartment Complex, despite requests from the
CITY to do so, have failed to express their intent or ability to rehabilitate the structures of
the Apartment Complex as required; and
WHEREAS, the Building Official of the CITY has formally notified the owners
that in the interest of public safety it is necessary to move the Apartment Complex
forward for demolition; and
WHEREAS, the CITY's Development Department has assisted in relocating all
of the residents of the Apartment Complex from the unsafe structures including through
the use of Community Development Block Grant funds to pay for moving expenses and
security deposits at suitable alternate housing sites; and
WHEREAS, the CITY has received estimates indicating that the costs of
demolition of the Apartment Complex would be approximately Three Hundred Fifty
Thousand Dollars ($350,000.00); and
WHEREAS, the Apartment Complex IS III the CRA's Heart of Boynton
Redevelopment Area; and
WHEREAS, the parcel of land upon which the Apartment Complex sits consists
of 8.48 acres that the CRA would have otherwise been interested in purchasing or
providing incentives to the owners or other developers to rebuild or redevelop pursuant to
the Heart of Boynton Redevelopment Area program; and
2
WHEREAS, the CITY does not have sufficient funds budgeted or available to
pay for the costs of demolition of the Apartment Complex (hereinafter the "Project").
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements herein contained, the parties agree as follows:
Section 1.
Recitals. The foregoing recitals are true and correct at the time of the
execution of this Agreement and are incorporated herein.
Section 2. Effective Date. The effective date of this Agreement is the date set forth
above which shall occur after the formal approval of this Agreement by the City
Commission of Boynton Beach and the Board of the CRA.
Section 3.
Proiect to be completed bv the City. The CITY agrees that no later than
sixty (60) days after the effective date of this Agreement, it shall enter into a contract or
contracts with a reputable and duly licensed contractor or contractors for the complete
and total demolition of all structures located on the 8.48 acres of land upon which the
Apartment Complex sits. Upon entering into the contract(s) for demolition, the CITY
shall provide the CRA with copies of the executed contracts. During the course of the
Project, the CITY shall keep the CRA regularly informed as to its progress.
It is further understood and agreed that the CITY retains all responsibility for
compliance with the terms and provisions of the demolition contract(s), for permitting
and inspections of the Project as it moves forward and upon termination, and for
enforcement of the contract(s)' terms as against the contractor(s). CRA's only role in the
project is to provide funding to the CITY as set forth in Section 3 below and as otherwise
provided in this Agreement.
3
Section 4. Payment by the CRA. Payment for the costs of the Project up to a
maximum of Three Hundred Fifty Thousand Dollars ($350,000.00) shall be made by the
CRA. Payment shall be made according to a schedule of payments set forth in the
contract(s) entered into by the CITY and upon written certification with supporting
documentation by the CITY, that the task or tasks required of the contractor(s) for the
requested progress payments have been successfully completed. In the event of any
dispute between the CITY and the contractor(s) over the right of any contractor to receive
all or any payments under the contract(s), the CRA shall comply with the direction of the
CITY and shall be indemnified by the CITY as set forth in Section 6 below.
Section 5. Priority of CRA Lien. The CITY shall undertake the Project pursuant
to all statutes, ordinances, regulations and proceedings in such a manner as to authorize
the imposition of a lien on the real property of the Project for the costs of the demolition
work. Upon the completion of the work, the City shall record a lien against the property
in favor of the City (the "Demolition Lien") for all costs and expenses of the demolition
with interest at the applicable legal rate in the Public Records of Palm Beach County,
Florida. Concurrently with the recording of the Demolition Lien, the City shall assign
the City's interest in the Demolition Lien to the CRA. The City makes no warranties to
the CRA regarding the enforceability of the Demolition Lien, once assigned to the CRA.
The form of the Demolition Lien and the assignment thereof to the CRA shall be
approved by the CRA.
The CITY agrees that the Demolition Lien shall have priority over any and all
liens and encumbrances which, as of the date of the recording of the Demolition Lien,
exist in favor of the CITY. To that end the CITY agrees to the execution and recording of
4
an Assignment and Encumbrance Subordination Agreement ("Subordination
Agreement") in the form attached hereto as Exhibit A. Once the Demolition Lien and
the Subordination Agreement have been recorded in the Public Records of Palm Beach
County, the CITY shall defend any action filed challenging or contesting the legality of
the Demolition Lien, or the authority of the CITY to place the ~emolition Lien on the
Property. The CITY shall be entitled to recover its costs associated with defending the
legality of the Demolition Lien or the authority of the CITY to place the Demolition Lien
on the Property from the CRA at such time as the CRA either forecloses, or receives
funds to satisfy the Demolition Lien; provided however, that before seeking
reimbursement from the CRA of any or all such costs, the City, in defending the legality
or validity of the Demolition Lien, shall have made every reasonable effort to recover its
attorneys' fees and costs, if statutorily or otherwise legally provided for, from the
opposing party in any such action. To the extent that such costs are not recovered, or are
not recovered in full, the City shall recover such costs from the CRA as provided herein.
The CRA, at its own cost and expense, shall be entitled to foreclose the Demolition Lien
at anytime following the recording and assignment of the Demolition Lien by the CITY.
Section 6. Indemnification. Without waiver of limitation as per Section
768.28(5), Florida Statutes, and to the extent permitted by law, the CITY agrees to
indemnify and hold harmless the CRA from any claims, losses, demand, cause of action
or liability of whatsoever kind or nature that the CRA, its agents or employees mayor
could incur as a result of or emanating out of the terms and conditions contained in this
Agreement and contained in the CITY's contract(s) for the Project, that result from
5
CITY's or any contractor'(s)negligence or willful conduct (or that of their respective
agents or employees) or from breach of this Agreement or the demolition contract(s)
Section 7.
City's Proiect Related A2reements.
The CITY further agrees;
a. To maintain books, records, documents, and other evidence which
sufficiently and properly reflect all costs of any nature incurred in the
performance of this Agreement;
b. That all records shall be subject to the Public Records Law, Chapter 119,
Florida Statutes;
c. That the CRA shall be promptly reimbursed for any funds which are
misused or misspent;
d. To complete the project and submit a final project report to the CRA by
the Agreement expiration date noted in Section 9 below. The final report
shall include a final payment request, along with the substantiating
documentation.
Access and Audits. The CITY shall maintain adequate records to justify
Section 8.
all charges, expenses and costs incurred in accordance with generally accepted
accounting principles. The CRA shall have access to all books, records, and documents as
required in this section for the purpose of inspection or audit during normal business
hours during the term of this Agreement and for at least three (3) years after completion
of the Project.
Section 9. Effective TermlTermination. The term of this Agreement shall be
effective on the date set forth above and shall continue in full force and effect until
6
September 30, 2005, unless otherwise terminated as provided herein. This Agreement
may be terminated by either party upon thirty (30) days written notice by the terminating
party to the other party, provided that the CRA will not arbitrarily or unreasonably deny
funding to the CITY under the terms and conditions set forth herein.
Section 10. Notices.
Any and all notices required or permitted to be delivered
pursuant to the terms of this Agreement shall be effective upon receipt, but in any event
no later than three (3) days after posting by U.S. Mail, certified or registered, postage
prepaid or one (1) day after delivery to an expedited courier service such as Federal
Express to the addresses listed below. Any of the parties described herein may change
their address by giving notice to all other parties set forth in this subsection.
If to the CITY:
With a copy to:
If to the CRA:
With a copy to:
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
Attention: Kurt Bressner, City Manager
James Cherof, Esq., City Attorney
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, Florida 33308
Boynton Beach Community Redevelopment Agency
639 E. Ocean Avenue, Suite 107
Boynton Beach, Florida 33435
Attention: Douglas C. Hutchinson, Director
Kenneth G. Spillias, Esquire
Lewis, Longman & Walker, P.A.
1700 Palm Beach Lakes Boulevard, Suite 1000
West Palm Beach, Florida 33401
7
Section 11. No Third Party Beneficiaries. This Agreement shall inure to the
benefit of the parties, their successors and assigns, and shall create no rights or interests
to or for any third party not a party hereto.
Section 12. Enforcement Costs. Any costs or expenses (including reasonable
attorneys' fees) associated with the enforcement of the terms and/or conditions of this
Agreement shall be borne by the respective parties provided, however, that this clause
pertains only to the parties to this Agreement.
Section 13. Remedies. This Agreement shall be construed by and governed by the
laws of the State of Florida. Any and all legal actions necessary to enforce the Agreement
will be conducted 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 hereinunder or now or
hereafter existing at law or in equity or by statute or otherwise. No single or partial
exercise by any party of any right, power or remedy hereinunder shall preclude any other
or further exercise thereof.
Section 14. Validity. In the event that any section, paragraph, sentence, clause or
provision hereof is held by a court of competent jurisdiction to be invalid, such shall not
affect the remaining portions of this Agreement which shall otherwise remain in full
force and effect; provided however that the invalidity of any provision which destroys the
mutuality of obligation provided for by the terms of this Agreement shall render the
entire Agreement null and void.
Section 15. Entire Ae:reement. This Agreement constitutes the entire understanding
of the parties and any previous agreements, whether written or oral, are superseded by
8
this Agreement. Any amendment to this Agreement must be in writing and executed with
the same formality by both parties.
Section 16. Interpretation. This Agreement shall not be construed more strictly
against one party than against the other merely by virtue of the fact that it may have been
prepared by counsel for one of the parties.
Section 17. Bindin2 Authority. Each party hereby represents and warrants to the
other that each party executing this Agreement on behalf of the CITY and CRA or any
representative in that capacity, as applicable, has full right and lawful authority to execute
this Agreement and to bind and obligate the party for whom or on whose behalf he or she
is signing this Agreement.
Section 18. Recordation. This Agreement shall be recorded in the Public Records of
Palm Beach County, Florida.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals
the day and year first above written.
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
CITY OF BOYNTON BEACH
By:
Jerry Taylor, Mayor
By:
Jeanne Heavilin, Chair
ATTEST:
By:
Janet Prainito, City Clerk
APPROVED AS TO FORM AND LEGAL
9
SUFFICIENCY:
By:
James Cherof, Esq.
City Attorney
h:\1990\900 182.bb\agmt\cra ila (boynton terrace) (4-14-05).doc
10
PREPARED BY:
Kenneth G. Spillias, Esquire
Lewis, Longman & Walker, P.A.
1700 Palm Beach Lakes Boulevard
Suite 1000
West Palm Beach, FL 33401
LIEN ASSIGNMENT AND SUBORDINATION AGREEMENT
WHEREAS, the City of Boynton Beach ("City"), is the owner and holder of those
certain liens enumerated in Attachment "A" attached hereto and recorded in the Public
Records of Palm Beach County, Florida, said liens encumbering a parcel of property (the
"Property") described as follows:
And,
WHEREAS, the City and the Boynton Beach Community Redevelopment
Agency ("CRA") have entered into a certain Interlocal Agreement of even date herewith
for the CRA's funding of the demolition of the structures currently existing on the
Property pursuant to the City's building and code enforcement authority; and
WHEREAS, pursuant to the terms of the Interlocal Agreement the CITY has
agreed to assign its interest in the lien against the Property that resulted from the City's
demolition of the structures on the Property ("Demolition Lien") in order to provide a
mechanism for the CRA to secure repayment of the funds provided to the City for the
demolition ofthe Property; and
WHEREAS, the City and the CRA have agreed that the City's liens set forth in
Attachment "A" shall be subordinated to the Demolition Lien as provided for in the
Interlocal Agreement.
NOW THEREFORE, for and in consideration of Ten Dollars ($10.00), in hand
paid by the CRA, receipt whereof is hereby acknowledged and for other good and
valuable consideration, the City does hereby represent, warrant, covenant and agree as
follows:
1. That the City hereby assigns its right, title, and interest in the Demolition
Lien dated , 2005 and recorded in Official Record Book _, Page
_ of the Public Records of Palm Beach County, Florida, to the CRA. The CITY
retains the right to, and shall defend any action filed challenging or contesting the legality
of the Demolition Lien, or the authority of the CITY to place the Demolition Lien on the
Property. The CITY shall be entitled to recover its costs associated with defending the
legality of the Demolition Lien or the authority of the CITY to place the Demolition Lien
on the Property from the CRA at such time as the CRA either forecloses, or receives
funds to satisfy the Demolition Lien; provided however, that before seeking
reimbursement from the CRA of any or all such costs, the City, in defending the legality
or validity of the Demolition Lien, shall have made every reasonable effort to recover its
attorneys' fees and costs, if statutorily or othelWise legally provided for, from the
opposing party in any such action. To the extent that such costs are not recovered, or are
not recovered in full, the City shall recover such costs from the CRA as provided herein.
The CRA, at its own cost and expense, shall be entitled to foreclose the Demolition Lien
at anytime following the recording and assignment of the lien by the CITY.
2. That the liens held by the City as set forth and described in Attachment
"A" hereto hereby are and declared to be for all times inferior and subordinate in lien,
right and dignity to the lien of the CRA hereinabove-described.
3. That the liens held by the City and described above and in Attachment
"A" together with the indebtedness secured thereby, are owned by the City and that said
indebtedness has not been assigned, transferred, or pledged to any person or entity
whomsoever, so that the City, by its undersigned authorized representative, has full right
and authority to execute this Lien Assignment and Subordination Agreement.
4. The City certifies that there exist no other liens or encumbrances held by it
with regard to the Property as of the date of the Interlocal Agreement and this Lien
Subordination Agreement. To the extent that any other liens or encumbrances running in
favor of the City may exist which are not set forth on this Lien Assignment and
Subordination Agreement, any and all such liens and encumbrances are inferior and
subordinate to the Demolition Lien as provided herein and in the Interlocal Agreement.
Dated this
day of
,2005.
Signed, sealed and delivered
In the presence of:
CITY OF BOYNTON BEACH
Witness
By:
Its:
Print Name
Witness
Print Name
ATTEST:
By:
Janet Prainito, City Clerk
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By:
James Cherof, Esquire
City Attorney
ATTACHMENT "A"
CITY OF BOYNTON BEACH LIENS ON TERRACE PROPERTY (legal description of
property)
1. City of Boynton Beach Engineering Consulting fees in the principle amount
of$25,000 recorded at ORB_ page _ of the Public Records of Palm
Beach County, Florida.
2. City of Boynton Beach Code Compliance Case 04-1201 in the principle
amount of $49,384.12 recorded ORB_ page _ of the Public Records of
Palm Beach County, Florida.
3. City of Boynton Beach Code Compliance Case 04-1200 in the original
principle amount of$49,48015 ORB_ page _ of the Public Records of
Palm Beach County, Florida.
4. City of Boynton Beach Code Compliance Case 04-2393 in the original
principle amount of$41,134.12 ORB_ page _ ofthe Public Records of
Palm Beach County, Florida.
5. City of Boynton Beach Code Compliance Case 04-2392 in the original
principle amount of$41,134.12 ORB_ page _ of the Public Records of
Palm Beach County, Florida.
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f
VI.-CONSENT AGENDA
ITEM 0.2.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon)
[gI April 19,2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2, 2005 (Noon) D July 19, 2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF [gI Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D UnfInished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the April 19, 2005 City Commission Agenda under Consent
Agenda. The Planning and Development Board recommended that staffs recommendations regarding the subject request be
approved on March 22,2005. For further details pertaining to the request, see attached Department of Development
Memorandum No. PZ 05-030,
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Citrus Park (MPMD 05-004)
John Frullo
John and Sharon Frullo
142 Citrus Park Circle
Request for Master Plan Modification to reduce the minimum side setback for swimming
pools from eight (8) feet to three (3) feet for Lot #75.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Development
~
City Manager's Signature
~ - ijWL
/' Planning and Zoning ector
City Attorney / Finance / Human Resources
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S:\8ULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 05-030
STAFF REPORT
TO:
Chair and Members
Planning and Development Board and City Commission
FROM:
Michael W. Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP ~
Planner -0
THRU:
DATE:
March 15, 2005
PROJECT NAME/NO:
Citrus Park MPMD 05-004
REQUEST:
Master Plan modification to the Citrus Glen P.U.D. to reduce the side yard
setback for construction of a pool from fifteen (15) feet to three (3) for Lot
75.
PROJECT DESCRIPTION
Property Owners: John and Sharon Frullo
Location: Citrus Park (P.U.D.)
Existing Land Use/Zoning: Low Density Residential (LDR)j Planned Unit Development (PUD)
Proposed Land Use/Zoning: No changes proposed
Proposed Use: Pool Installation / Setback Amendment
Acreage: 28.82 Acres (entire PUD Master Plan)
Adjacent Uses:
North:
Right-of-way for Citrus Park Circle, and farther north is Single-family detached zero
lot line home (Lot 80 of Citrus Park), classified Low Density Residential (LDR) and
zoned PUD;
South:
Greenwood Village, classified unincorporated Palm Beach County Commercial, with
an underlying HR-8 and zoned Singe-family Residential (RS);
East:
Single-family detached zero lot line home (Lot 74 of Citrus Park), classified LDR and
zoned PUD;
West:
Single-family detached zero lot line home (Lot 76 of Citrus Park), classified LDR and
zoned PUD.
Staff Report
Memorandum No PZ-05-030
Page 2
BACKGROUND
John and Sharon Frullo, residents of Citrus Park P.U.D., are requesting that the Master Plan for Citrus Park
P.U.D. be modified to reduce the minimum side yard setback for swimming pools as described within the
attached letter of request. The request is to reduce the setback of the waters edge of the pool to three
(3) feet from the side property line for Lot 75.
The subject plat is a single-family detached zero lot line residential development, comprised of 113 lots on
28.34 acres. The P.U.D. is located on the east side of Lawrence Road, south of Miner Road (see Exhibit
"A" - Location Map). All 113 lots are developed.
The survey of Lot 75 (see Exhibit "B") indicates that the subject lot is dimensioned 55.1 feet in width by
100.1 feet in depth, and is just over 5,000 square feet in area. It should be noted that the P.U.D. contains
a handful of lots that are larger than the subject lot. However, their dimensions are not indicated on the
master plan. In any case, all lots front on an internal road network providing ingress and egress to Citrus
Park Boulevard, which connects to Lawrence Road. The master plan tabular data indicates the required
building setbacks are as follows: 20 feet front yard, 15 feet and zero (0) side yard, 20 feet side corner,
and 15 feet rear yard. The minimum setback for screened-roof enclosures are as follows: 20 feet front
yard, 15 feet and zero (0) side yard, 20 feet side corner, and eight (8) feet rear yard.
Chapter 2.5, Planned Unit Development, of the City Land Development Regulations states that changes
in planned unit developments shall be processed through the Planning and Development Board and the
City Commission.
ANALYSIS
The purpose and intent of setbacks is to create separation between units, principally for safety and
maintenance purposes. This is accomplished by allowing buildings and ancillary structures to be setback
a certain distance from the property lines. The master plan shows the minimum setback requirements for
screened-enclosures. However, no pools were planned for the Citrus Park P.U.D. when the master plan
was originally reviewed, approved, and platted. Therefore, neither the master plan nor the plat indicates
minimum yard setbacks for pools. Several pool permits have been issued since master plan approval,
utilizing the general pool setbacks within the Land Development Regulations. These regulations (Chapter
2, Section 11.E.) require pools to be setback a minimum of eight (8) feet from any properyt line. Due to
certain lot configurations and home models, some lots lots in Citrus Park are able to conform to the city's
general pool regulations.
Initially, it was the applicants' intent to modify the Citrus Park master plan for the changes specifically
proposed on Lot 75. However, during the master plan review process, it was learned that there are a
handful of lots within the PUD that are similar to the subject parcel in terms of lot size, configuration, and
unit syle. These 32 other lots are identified on the master plan. It was thought that in the future, these
32 other homeowners may want to have the same amenities available to them as that of the subject
property owner. Therefore, to avoid potential redundancy in SUbsequent requests, it is logical to review a
single applicaton which impacts multiple lots. As a result, staff is recommending this modification be such
that, contingent upon HOA approval, it would allow swimming pools into the side / rear yards for the
following lots: 23, 26, 27, 36, 37, 38, 40, 43, 47, 48, 49, 53, 54, 55, 68, 70, 71, 74, 75, 79, 91, 92, 96,
100, 101, 104, 105, 106, 107, 108, 109, 112, and 113.
The survey of Lot 75 shows that a three (3)-foot wide wall maintenance easement runs parallel to the side
Staff Report
Memorandum No PZ-OS-030
Page 3
(east) property line while a 10-foot wide utility easement runs parallel to the rear (south) property line.
The applicant prepared a sketch (see Exhibit "C") that shows the configuration of the proposed pool and
how it fits between the property lines and the existing house. The sketch shows that the pool is proposed
three (3) feet from the side property line and 10 feet from the rear property line, which would not conflict
with the aforementioned easements.
This request was reviewed for consistency with the P.U.D. development standards in the Land
Development Regulations, Chapter 2.5, Planned Unit Developments. Also, staff reviewed the subject
request, mainly, by focusing on the subject P.U.D. and comparing it with similar planned residential
developments that exist throughout the city. Many of the planned residential developments have pool
setback requirements that range between seven (7) and eight (8) feet for the rear yard and eight (8) to
twelve (12) feet for the side yard. The subject request, which applies only to Lot #75, has been approved
by the development's Homeowners Association (HOA) (see Exhibit "D").
It should be noted that screened-roof enclosures are a common amenity within side and / or rear yards for
planned residential developments, in particular, when swimming pools are present. Therefore, in
anticipation of future homeowners desiring screened-roof enclosures in their yards, staff recommends
modifying the P.U.D.'s minimum setbacks (for screened-roof enclosures) to allow for them to be
constructed over the swimming pools. Although there is no specific code regarding a distance between
screened-roof enclosures and the edge of swimming pools, staff recommends requiring at least one (1)
foot between both. For the 33 lots, this would translate to a swimming pool setback of four (4) feet from
the side property line and 11 feet from the rear property line (see Exhibit "E" - Conditions of Approval). In
addition, the side setback for the screened-roof enclosure would be reduced from 15 feet to three (3) feet
(for all lots within the P.U.D.). Essentially, this setback would allow for a one (1) foot separation between
the edge of the pool and the base of the screened-roof enclosure. No change to the rear setback would
be needed because neither swimming pools nor structures may be constructed within the rear utility
easements. However, if a property owner wants to avail themselves the opportunity to construct a
screened-roof enclosure, then that property owner would need HOA approval to do so. The letter of HOA
consent would be required at the time of permitting.
RECOMMENDATION
It is staff's opinion that this request would neither be injurious to the area nor detrimental to the public
welfare. As previoulsy mentioned, the subject parcel, in terms of its configuration and house (unit) style,
resembles 32 other lots within the development. Accordingly, these 32 lots need to be considered within
the scope of this master plan modification. Therefore, on all of the aforementioned lots, staff recommends
allowing the edge of a swimming pool to be setback four (4) feet from the side property line and 11 feet
from the rear property line. Also, with regards to all lots, staff recommends reducing the side setback for
screened-roof screened enclosure from 15 feet to three (3) feet. However, consent from the HOA would
be required for the change in side setbacks for the screened-roof enclosure. Regardless, these
recommendations would be subject to the conditions listed in Exhibit "G" Conditions of Approval.
Additional comments recommended by the Board or Commission would also be included in Exhibit "G" -
Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Citrus Park\MPMD 05-004 Pool\Staff Report,doc
Exhibit 'A' - Location Map
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Citrus Park Circle, Boynton Beach, Florida 33436
,
A..Q.Q.llHQARY SUltVEY
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. LANNES AND GARCIA, INC.
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UEALE SMITII. PSM '5238
Ollie. Add.....: 35. AleD.nr Avo, CorDI O.bl.I, FL 33134
. (305) 6SI.7IO. ('14) 123-11113
ORAWlNG 110
JAN-27-2005 09:38 FROM:GERDAU AMERISTEEL 954 927 3424
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EXI-IIBIT "D"
BOYNTON ESTATES HOMEOWNERS ASSOCIATION, INC.
C/O Associated Property Management
1928 Lake Worth Road, Lake Worth, FL 33461
John Frullo
142 Citrus Park Circle
Boynton Beach, FL 33436
November 9, 2004
RE: Pool Construction
Dear Mr. Frullo,
We the Association of Boynton Estates have no objection for you to put in a swimming
pool on your property. This permission is given within the boundaries of City of Boynton
Beach Building Codes and Ordinances. The homeowner (John Frullo) to meet the
requirements of the City of Boynton Beach and Boynton Estates Homeowners
Association, Inc shall incur any cost involved.
If you have any questions please contact me at Associated Property Management (588-
7210 ext. 20).
Sincerely yours,
~L.C.JlM.
For the E.E.O.B.B.Board of Directors
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1928 Lake Worth Road, Lake Worth, Florida 33461 · 561-588-7210 · assocpropmgt@bellsouth,net
EXHIBIT "E"
Conditions of Approval
Project name: Citrus Park
File number: MPMD 05-004
Reference: 2nd review plans identified as a Master Plan Modification with a January 27,2005 Planning & Zoning
d ki
ate stamn mar nl!.
I DEPARTMENTS I INCLUDE I REJECT I
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:
1. In accordance with the approved master plan, General Note 3.B - "No X
structures, trees, or shrubs shall be placed on drainage easements and utility
eastments for water and sewer". Those lots with drainage easements will not
be permitted to construct pools within the drainage easement.
2. 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
Comments:
3. The pool shall comply with 2001 Florida Building Code for Residential X
Swimming Pool Requirements, Section 424.2.17 through 424.2.17.1.15.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
4. Staff recommends allowing swimming pools on lots 23, 26, 27, 36, 37, 38, X
40, 43, 47, 48, 49, 53, 54, 55, 68, 70, 71, 74, 75, 79, 91, 92, 96, 100, 101,
104, 105, 106, 107, 108, 109, 112, and 113. The side setback shall be four
(4) feet from the side property line and 11 feet from the rear property line.
Add a note to the master plan.
5. Staff recommends reducing the side setback for screened-roof enclosures (for X
all lots) from 15 feet to three (3) feet. Modify the master plan tabular data.
6. A screened-roof enclosure proposed between 14 feet and three (3) feet from X
the side property line would require Home Owner Association approval. This
consent would be required prior to the issuance of a building permit.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
7. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
8. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Citrus Park\MPMD 05-004 Pool\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Citrus Park P.U.D.
APPLICANT'S AGENT: John Frullo
APPLICANT'S ADDRESS: 142 Citrus Park Circle Boynton Beach, FL33436
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 19, 2005
TYPE OF RELIEF SOUGHT: Request approval for master plan modification (Citrus Park P.U.D.) to
allow a swimming pool to be setback four (4) feet from the side property
line and 11 feet from the rear property line.
LOCATION OF PROPERY: East side Lawrence Road and south of Miner 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
S:\Planning\SHARED\WP\PROJECTS\Citrus Park\MPMD 05-004 Pool\DO.doc
cr.
VI.-CONSENT AGENDA
ITEM 0.3.
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
D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon)
[gI April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20,2005 (Noon)
D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5,2005 (Noon)
D Administrative D Development Plans
NATURE OF [gI Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the April 19, 2005 City Commission Agenda under Consent
Agenda. The Planning and Development Board recommended that the subject request be approved on March 22,2005.
For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-009.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Mall / Muvico (HTEX 05-003)
Thomas Marsicano, AICP, URS Corporation Southern
Boynton, JCP Associates, LTD
Boynton Beach Mall, Macy's Leased Parcel
Request for Height Exception approval of 19 feet-six (6) inches to allow decorative roof-
top statues at a height of 64 feet-six (6) inches in lieu of the maximum of 45-feet allowed
in the C-3 zoning district.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Develo
~
City Manager's Signature
~ ,L,~
/' Planning and Zoning D&ctor
City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall\MSPM 05-001 Muvico Theatre\HTEX 05-003\Agenda Item Request Boynton Beach
Mall.Muvico HTEX 05-003 4-19-05.dot
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 05-009
TO:
Chairman and Members
Planning & Development Board
THRU:
FROM:
Michael Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP c;J,
Planner (J
DATE:
March 16, 2005
PROJECT:
Muvico Theatre at Boynton Beach Mall / HTEX 05-003
REQUEST:
Height Exception of 19 feet - six (6) inches
PROJECT DESCRIPTION
Property
Owners:
Boynton JCP Associates, L TD and Macy's East, Incorporated
Applicant:
Mr. Thomas A. Marsicano, AICP / URS Corporation
Location:
301 North Congress Avenue - Macy's leased parcel at the Boynton Beach Mall, located on
the north of Old Boynton Road, just west of Congress Avenue (see Location Map - Exhibit
"A If)
Existing Land
Use:
Local Retail Commercial (LRC)
Existing Zoning: Community Commercial (C-3)
Proposed Uses: 79,500 square foot movie theatre (3,646 seats)
17,528 square feet of retail
Acreage: 11.64 acres (Macy's leased parcel)
Adjacent Uses:
North: Immediately north is right-of-way for Boynton C-16 Canal, then further northeast is
developed commercial property with a Local Retail Commercial (LRC) land use
classification and zoned Community Commercial (C-3); to the northwest is developed
residential properties with a High Density Residential (HDR) land use classification and
zoned Planned Unit Development (PUD);
South: Immediately south is right-Of-way for Old Boynton Road, then further south is developed
commercial properties (Wal-Mart Supercenter) with a Local Retail Commercial (LRC) land
use classification and zoned Community Commercial (C-3);
East: Immediately east are developed commercial properties with a Local Retail Commercial
Page 2
Memorandum No. PZ 05-009
(LRC) land use classification and zoned Community Commercial (C-3), then further east
is right-of-way for Congress Avenue, still farther east is undeveloped property with a
Mixed-Use Suburban (MX-S) land use classification and zoned Suburban Mixed-Use
(SMU), to the southeast is undeveloped property with a Local Retail Commercial (LRC)
land use classification zoned Community Commercial (C-3);
West: Developed residential properties with an Palm Beach County Medium Residential (5-units
per acre) land use classification and zoned Residential Single-family (RS).
BACKGROUND
The applicant submitted a request for major site plan modification (MSPM 05-001) approval for the
construction of a stand-alone movie theater and 17,528 square feet of additional commercial space to the
Boynton Beach Mall. The maximum building height in the C-3 zoning district is 45 feet and the building
cannot exceed four (4) stories. The movie theater is proposed as a two (2) story structure and the additional
retail space to the Boynton Beach Mall is proposed as a one (1) story structure. Both the stand-alone movie
theatre and the Boynton Beach Mall expansion areas are under four (4) stories and less than 45 feet in
height, and therefore, meet the C-3 zoning district's height limitation. However, there are some elements
proposed on the movie theatre building that would exceed the 45 foot limitation, and therefore, require the
approval of a height exception.
ANALYSIS
Except for within the Central Business District (CBD), Mixed-Use Low (MU-L), and Mixed-Use High (MU-H)
zoning districts, the standard citywide maximum building height is 45 feet. The subject property lies within
the C-3 zoning district and therefore, the maximum building height is 45 feet. The Land Development
Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations 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.
The elevation drawings and a note on the floor plan (see "Floor Plan" on accompanying request for major
site plan modification MSPM 05-001) indicates that the movie theatre would be two (2) stories tall.
However, the elevation drawings do not indicate the dimension of the roofline. Regardless, the height of the
roofline must be less than 45 feet (see Exhibit "C" - Conditions of Approval). The applicant has indicated to
staff that the majority of the lower portion of the roofline would be 35 feet - eight (8) inches in height and
the roofline (at the second story) would be 44 feet - four (4) inches in height. Therefore, the proposed
building complies with the maximum allowable building height in the C-3 zoning district. It should be noted
that according to Chapter 2, Section 4.F., "places of assembly" such as movie theatres, are eligible to be
considered for height exceptions. Additionally, the building is proposed with lower and upper level parapet
walls. The dimension at the peak of the lower parapet wall is proposed at 38 feet - eight (8) inches in
height. The height at the peak of the upper parapet wall would be 47 feet - four (4) inches in height.
Parapet walls are not factored into measuring building height as long as said parapet walls are less than five
(5) feet in height and do not reach as high as 50 feet. As such, these parapet walls are not factored into
building height.
However, the elevation drawings show that certain architectural enhancements would exceed the 45-foot
height limitation. These elements would include the pediment and gable roof feature proposed over the
entrance and two (2) decorative statues proposed on the roof. The upper parapet wall on top of the
pediment would reach 59 feet in height. This would exceed the district's height limitation by 14 feet. The
Page 3
Memorandum No. PZ 05-009
top portion of the two (2) decorative statues proposed on the roof (to further the Greek-revival design)
would be 64 feet - six (6) inches in height, or 19 feet - six (6) inches above the district height limitation.
Therefore, if approved, the request for height exception for the decorative statues would also cover the need
for height exception approval of the entrance feature. All aforementioned architectural elements are eligible
to be considered for height exception on places of assembly.
In considering an application for exception to district height regulations, the City Commission shall make
findings indicating that the proposed exception has been studied and considered in relation to specific
standards. One of these standards is to measure the effect or perceived impact, if any that the structure
would have on neighboring properties. When evaluating potential negative impacts, among other criteria,
staff is concerned with the distance of the statues to the nearest single-family zoning district. However, this
is not an issue with this project. The Muvico building would be located on the Macy's leased parcel within
the Boynton Beach Mall site. It is nestled between commercial properties with limited visibility from the
adjacent Congress Avenue corridor and distant from any residential property. In fact, the nearest residential
property is over 500 feet away. Therefore, the decorative statues and parapet wall (proposed on the
pediment) would not negatively impact adjacent properties in terms of reducing light or air. The height
exception would not adversely effect property values in adjacent areas or adversely influence the living
conditions in neighboring communities. The decorative features would serve no other purpose aside from
aesthetic value and appeal. The building could function without the statues or pediment; however, it would
be less interesting and not in keeping with the Greek-revival/Roman theme. Furthermore, granting of this
height exception does not constitute a special privilege to the current property owner. Finally, the exception
would not have an adverse effect on the existing and proposed land uses. It is staff's opinion that the
statues and parapet walls would enhance the overall project dynamic and its exclusion would be detrimental
to the building 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. It should be noted that the subject
application is not the first request for a height exception at the mall. In 1996, the city approved a height
exception request to allow the ultimate Dillard's store to have entrance features at 55 feet - six (6) inches.
Other requests have been approved, that allowed Macy's to be constructed to 51 feet, JC Penny's to have a
cooling tower at 52 feet, and Burdines to have mechanical equipment at 47 feet - six (6) inches.
RECOMMENDATION
Based on the analysis contained herein, staff recommends that this request for a height exception of 19 feet
- six (6) inches be approved for the proposed statues. The height exception for the statues would satisfy
the need for a height exception for the parapet wall of the pediment I porte-cochere on the west elevation
of the theatre. One (1) condition of approval is recommended by staff and any other conditions of approval
recommended by the Board or City Commission will be placed in Exhibit "C" - Conditions of Approval
accordingly.
S:\Planning\SHARED\WP\PROJECfS\Boynton Beach Mall\MSPM 05-001 Muvico Theatre\HTEX Os-003\Staff Report.doc
BOYNTON BEACH MALL
LOCATION MAP
Exhibit A
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2/212005 1:5g:03 PM \ \8UO\PLOT -NT\CADNET _8306\OUEUE\PRINTERS.qcf .leSSlcom e:\0478I;(II(II M'l\n .....,~..,"~+M\ rAnm ^_-> _
EXHIBIT "e"
Conditions of Approval
Project name:
File number:
Reference:
Muvico Theatre at Boynton Beach Mall
HTEX 05-003
Elevation drawings with a January 31. 2005 date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
I Connnents: None POLICE I I I
X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. The maximum height allowed in the C-3 zoning district is 45 feet (Chapter 2, X
Section 6.C.). At the time of permitting, the elevations shall indicate the
building height, ensurinl! compliance with aforementioned code.
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
Comments:
2. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
Page 2
Muvico at Boynton Beach Mall
Height Exception (HTEX 05-003)
DEPARTMENTS INCLUDE REJECT
3. To be determined.
S:lPlanningISHARED\WPIPROJECTSlBoynton Beach Mall\MSPM 05-001 Muvico TheatreIHTEX 05-003\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Muvico Theatre at Boynton Beach Mall
AGENT:
Mr. Thomas A. Marsicano, AICP / URS Corporation
AGENT'S ADDRESS:
7650 West Courtney Campbell Causeway Tampa, FL 33607
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
April 19, 2005
TYPE OF RELIEF SOUGHT: Request a height exception of 19 feet - six (6) inches for decorative
statues on a movie theatre, proposed on a 11.64-acre parcel in the
Community Commercial (C-3) zoning district.
LOCATION OF PROPERTY: 301 North Congress Avenue - Macy's leased parcel at the Boynton
Beach Mall, located on the north side of Old Boynton Road, just west of
Congress Avenue.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
S: IPlanninglSHAREDI WPIPROJECTSIBoynton Lofts\HTEX 05-001 \DO.doc
City Clerk
.Q(
VI.-CONSENT AGENDA
ITEM 0.4.
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
D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16, 2005 (Noon)
[gI April 19, 2005 April 4,2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17, 2005 May 2, 2005 (Noon) D July 19, 2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF [gI Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfmished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the April 19, 2005 City Commission Agenda under Consent
Agenda, The Planning and Development Board recommended that the subject request be approved on March 22,2005.
For further details pertaining to the request, see attached Department of Development Memorandum No, PZ 05-041.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Mall / Muvico (MSPM 05-001)
Thomas Marsicano, AICP, URS Corporation Southern
Boynton, JCP Associates, L TD
Boynton Beach Mall, Macy's Leased Parcel
Request for Major Site Plan Modification approval to construct a 3,650 seat (79,500
square feet) movie theatre and a 17,528 square foot addition to The Boynton Beach Mall.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Developme
i
~bH'
~. ~ A<R-
,/' Planning and Zo g Director
City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall\MSPM 05-001 Muvico Theatre\Agenda Item Request Boynton Beach Mall.Muvico MSPM
05-001 4-19-05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 05-041
STAFF REPORT
TO:
Chair and Members
Planning & Development Board and City Commisson
THRU:
FROM:
Michael Rumpf
Planning and Zoning Director
Eric Lee Johnson, AICP cz;d-
Planner 0
DATE:
March 16, 2005
PROJECT NAME/NO:
REQUEST:
Muvico at Boynton Beach Mall / MSPM 05-001
Major Site Plan Modification
PROJECT DESCRIPTION
Property Owner: Boynton - JCP Associates, LTD.
Applicant: Mr. John A. Albright, Vice President / Simon Property Group, Incorporated
Agent: Mr. Thomas A. Marsicano, AICP / URS Corporation Southern
Location: 301 North Congress Avenue - Macy's leased parcel at the Boynton Beach
Mall, located on the north of Old Boynton Road, just west of Congress
Avenue (see Location Map - Exhibit "A")
Existing Land Use: Local Retail Commercial (LRC)
Existing Zoning: Community Commercial (C-3)
Proposed Use: 79,500 square foot movie theatre (3,646 seats)
17,528 square feet of retail
Acreage: 11.64 acres (Macy's leased parcel)
Adjacent Uses:
North:
Immediately north is right-of-way for Boynton C-16 Canal, then further
northeast is developed commercial property with a Local Retail
Commercial (LRC) land use classification and zoned Community
Commercial (C-3); to the northwest is developed residential properties
with a High Density Residential (HDR) land use classification and zoned
Planned Unit Development (PUD);
South:
Immediately south is right-Of-way for Old Boynton Road, then further
Staff Report - Muvico at Boynton Beach Mall (MSPM 05-001)
Memorandum No PZ 05-041
Page 2
south is developed commercial properties (Wal-Mart Supercenter) with a
Local Retail Commercial (LRC) land use classification and zoned
Community Commercial (C-3);
East:
Immediately east are developed commercial properties with a Local Retail
Commercial (LRC) land use classification and zoned Community
Commercial (C-3), then further east is right-of-way for Congress Avenue,
still farther east is undeveloped property with a Mixed-Use Suburban (MX-
S) land use classification and zoned Suburban Mixed-Use (SMU), to the
southeast is undeveloped property with a Local Retail Commercial (LRC)
land use classification zoned Community Commercial (C-3);
West:
Developed residential properties with an Palm Beach County Medium
Residential (5-units per acre) land use classification and zoned Residential
Single-family (RS).
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject conditional use were mailed a notice of this
request and its respective hearing dates. The applicant certifies that they posted signage and mailed
notices in accordance with Ordinance No. 04-007.
Site Characteristic: The Boynton Beach Mall is comprised of multiple leased parcels for a total of 116.3
acres. The Macy's leased parcel is 11.64 acres. The survey shows that the site is
currently developed with the Macy's store, its parking area, drive aisles, and
landscaping. The underground utilities would either remain in place or be re-
routed throughout the site. The site contains 75 shade trees and 84 palm trees
and most would be removed as a result of the redevelopment. The highest ground
elevation (16.27 feet) occurs where the Macy's store was built.
BACKGROUND
Proposal:
The Boynton Beach Mall was recently approved for an amendment (DRIA 05-002 /
MPMD 05-007) to the Development of Regional Impact (DRI) for the conversion of
169,510 leasable square feet of retail space to accommodate a 79,500 square foot
movie theatre. Essentially, the existing 169,510 square foot Macy's department
store would be demolished with 17,528 square feet of new retail space being
constructed at the former Macy's mall entrance, and a 79,500 square foot multi-
screen movie theatre constructed adjacent to the new retail space. The applicant
submitted a request for major site plan modification (MSPM 05-001) and height
exception (HTEX 05-003). All proposed uses are permitted in the C-3 zoning
district.
Concurrency:
ANALYSIS
Traffic:
An updated traffic study was sent to the Palm Beach County Traffic Division for
concurrency review in order to ensure an adequate level of service. A cursory
Staff Report - Muvico at Boynton Beach Mall (MSPM 05-001)
Memorandum No PZ 05-041
Page 3
review of the traffic study was conducted by staff during the review of the recently
approved Master Plan Modification (MPMD 05-007). Based on that review, no
additional regional impacts were evident. The traffic consultant concluded that the
simultaneous increases and decreases in allowable intensities associated with the
NOPC #5, resulted in reductions in the number of A.M. Peak Hour trips by 59 and
P.M. Peak Hour trips by 31. However, the proposed daily trips were projected to
increase from the vested 34,968 to 36,005 trips daily, an increase of 1,037 total
trips. With the information presented and available at this time, the proposed
reduction in the number of trips associated with the mall during the times of
highest traffic volume (morning and evening rush hours) resulted in a reduced
impact associated with the amendment to the DR!. The increase in the average
daily trips associated with the Mall (1,037 trips) produces less than a three (3%)
percent increase over a 24-hour period. Additionally, based upon the most recent
traffic counts (2003) in the vicinity of the Mall on Old Boynton Road (22,301) and
Congress Avenue (45,068), the additional 1,037 trips represent increases of 0.5%
and 0.2% respectively. The Palm Beach County Traffic Division determined that
the project meets the Traffic Performance Standards (TPS) of Palm Beach County.
Utilities: The demand for potable water for the Muvico project would be offset by the
demolition of the existing Macy's building and therefore, meets the level of service
anticipated for this type of development. Sufficient sanitary sewer and wastewater
capacity is currently available to serve this project, subject to the applicant making
a firm reservation of capacity, following approval of the site plan.
Fire I Police: Fire staff reviewed the site plan and determined that current staffing levels would
be sufficient to meet the expected demand for services. However, it should be
noted that the influx of new development would eventually begin to have an impact
on fire services, thereby ultimately increasing the demand for additional personnel
and equipment to balance the increase in population and non-residential uses in
the city. Police staff estimates that the movie theatre would increase the number
of police calls to the mall by 5 percent. These police calls would most likely deal
with juvenile related problems. Therefore, staff recommends that the Muvico
provide private security officers to assist with any future problems that may arise
from large gatherings of juveniles (see Exhibit "C" - Conditions of Approval).
Drainage: Conceptual drainage information was provided for the City's review. The
Engineering Division has found the conceptual information to be adequate and is
recommending that the review of specific drainage solutions be deferred until time
of permit review. All South Florida Water Management District permits and other
drainage related permits must be submitted at time of building permit (see Exhibit
"C" - Conditions of Approval).
School: School concurrency is not required for non-residential uses. The proposed change
has no impact on school concurrency.
Driveways: The overall site plan (sheet C-3) shows the movie theatre building and the
proposed layout of the drive aisles and parking areas. As previously mentioned, the
subject property Is one of many parcels of the Boynton Beach Mall property. The
Staff Report - Muvico at Boynton Beach Mall (MSPM 05-001)
Memorandum No PZ 05-041
Page 4
Boynton Beach Mall has a main perimeter road that circles the entire property. This
perimeter road would run along the rear fa~ade of the movie theatre. The Muvico's
leased parcel would have several points of access from the perimeter road. The
front of the movie theatre would be oriented towards the west (toward the greater
mall building) with a large porte-cochere proposed at the movie theatre's front
entrance. All drive aisles would conform to Engineering standards.
Parking Facility: The required parking for movie theatres is based on the following methodology:
One (1) parking space per four (4) seats in the auditorium but not less than one (1)
parking space per 100 square feet of gross floor area. The proposed movie theatre
would be 79,500 square feet in area and contain 3,650 seats. Based on the
aforementioned methodology, the move theatre would require 913 parking spaces.
Typically, retail uses within shopping centers require one (1) parking per 200
square feet. However, in 1998, the Boynton Beach Mall was approved with a
variance to require parking at a ratio of four and one-half (4.5) spaces per 1000
square feet rather than five (5) spaces per 1000 square feet. Therefore, with the
variance, the new retail portion of the project would require 79 parking spaces and
the project, as a whole, would require a total of 992 parking spaces.
Parking spaces required for one use or structure may be allocated in part or in
whole for the required parking spaces of another use or structure if quantitative
evidence is provided showing that parking demand for the different uses or
structures would occur on different days of the week or at different hours. The
applicant submitted a shared parking analysis that demonstrates the project's
compliance with code. The shared parking analysis is important because it takes
into consideration, the existing parking from the other leased parcels of the
Boynton Beach Mall. The shared parking analysis surmises that the movie theatre,
in conjunction with the existing floor area of the mall, would require a total of 4,956
parking spaces. A minimum buffer of 10% shall be provided to ensure that a
sufficient number of parking spaces are available at the peak hour / peak season of
parking demand. This buffer would equate to a total of 5,452 required parking
spaces. The overall site plan proposes a total of 5,478 parking spaces, or an excess
of 26 spaces. According to the parking analysis and in accordance with Chapter 2,
Section 1l.H.13, the proposed development would provide a sufficient number of
parking spaces to accommodate the proposed Muvico theatre and new retail area.
Landscaping:
The Demolition Plan (sheet C-5) shows that the Macy's leased parcel currently
contains 75 shade trees and 84 palm trees. Out of those trees, 72 shade trees and
80 palm trees would be removed to accommodate the redevelopment. According
to the plant list (sheet L-02), the landscape plan proposes 54 shade trees and 97
palm trees. All shade trees would be native while 63% of the palm trees would be
native. A majority of the shrubs and ground cover would be native as well. The
landscape plan would include the following shade and palm trees: Live Oak,
Gumbo Limbo, Green Buttonwood, Christmas palm, Royal palm, Medjool Date
palm, and Cabbage palm. The shrubs / groundcover would include the following
species: Dwarf Firebush, Dwarf Allamanda, Redtip Cocoplum, Pineapple Guava,
Coontie, and Dwarf Blackhaw Viburnum. Generally, Royal palm trees are proposed
around the north and south sides of the movie theatre. These Royal Palm trees
Staff Report - Muvico at Boynton Beach Mall (MSPM 05-001)
Memorandum No PZ 05-041
Page 5
would be installed at half the building height (20 feet to 24 feet) and in compliance
with Chapter 7.5, Article II, Section S.M. of the Land Development Regulations.
The front (west) fa~ade would have a cluster of Christmas palms and a row of
Medjool Date palm trees in front of the building. Parking lot trees would include
the Gumbo Limbo, Live Oak, and Cabbage palm. The front entrance to the movie
theatre that connects to the Boynton Beach Mall would have a row of Christmas
Palm trees. Staff recommends substituting the Christmas palm trees with Royal
palm trees in order to provide for a more substantial vista (see Exhibit "C" -
Conditions of Approval). Also, the landscape plan shows that no plants would be
installed at the front entrance of the mall where the new retail! restaurant space is
proposed. Therefore, staff recommends creating a landscape strip, at least seven
(7) feet in width, in front (east) of the mall entrance. This landscape strip should
include shrubs and palm trees. This installation can occur during the building
permit review process (see Exhibit "C" - Conditions of Approval).
Building and Site: According to the Overall Site Plan (sheet C-3), the Boynton Beach Mall and its out-
parcels are currently developed with 1,184,045 square feet of gross leasable floor
area. The Macy's building (169,510 square feet) would be demolished and
replaced with 17,528 square feet of retail and a 79,500 square foot stand-alone
movie theatre. After the proposed construction, the gross leasable floor area of the
mall would equate to 1,032,063 square feet. The mall is vested for an extra
42,876 square feet of future retail, which is not shown on the plans. However, in
the future, the applicant would be required to either provide parking for the future
build-out or submit a revised parking analysis, which includes this retail space,
demonstrating compliance with the parking requirements. In any event, the overall
site plan should indicate (by asterisk) that the "future retail" was not considered
within the scope of the shared parking analysis (see Exhibit "C" - Conditions of
Approval).
The movie theatre floor plan illustrates the layout of each theatre room (16 total
rooms). The site plan tabular data indicates the movie theatre would have 3,646
seats but the shared parking analysis was based on 3,650 seats. The legal
advertisement indicates 3,646 seats are proposed so therefore, if approved, the
movie theatre would be limited to 3,646 seats, unless otherwise noted by the
Planning & Development Board and City Commission (see Exhibit "c" - Conditions
of Approval).
The C-3 zoning district allows buildings to reach a maximum height of 45 feet. The
elevations and note #7 on the floor plan (sheet 30.01) indicates that the movie
theatre would be a two (2) story structure, proposed at 45 feet in height.
However, the plans do not indicate the dimension of the roofline. The height of the
roofline must be less than 45 feet. The building would have a upper and lower
parapet wall. The dimension at the peak of the lower parapet wall would be 38
feet - eight (8) inches in height. The applicant has informed staff that the roofline
would be 35 feet - eight (8) inches in height. The dimension of the peak of the
upper parapet wall would be 47 feet - four (4) inches in height. Parapet walls are
not factored into building height such as long as it (the parapet) is five (5) feet in
height or less and does not reach as high as 50 feet. The applicant has Informed
Staff Report - Muvico at Boynton Beach Mall (MSPM 05-001)
Memorandum No PZ 05-041
Page 6
staff that roofline would be 44 feet - four (4) inches in height. Nonetheless, at the
time of permitting, the elevations would have to be revised to indicate the building
height, ensuring compliance with the Land Development Regulations (see Exhibit
"C" - Conditions of Approval). The elevation drawings show a "16" as part of the
center arch and parapet of the porte-cochere. However, staff interprets this
element to be a roof-top sign, which is strictly prohibited by the Land Development
Regulations. This "16" element would have to be removed from the elevation
drawings when the plans are submitted for building permits. The top of the
decorative statues is proposed at 64 feet - six (6) inches in height. These
elements (parapet and statues) exceed the maximum allowed height of the C-3
zoning district but being a place of assembly, they are eligible to be considered for
a height exception. The applicant submitted an accompanying request for height
exception (HTEX 05-003) of 19 feet - six (6) inches.
The elevations show that a trellis feature with Bouganvillea is proposed at the rear
(east fa~ade) of the Muvico building. However, this "living" feature it is not shown
on the site plan or landscape plan. The project also proposes a wall (attached to
building) at the rear of the building. Its purpose would be to screen the trash
compactor, which is also proposed within the service area at the rear of the
building. Staff is in favor of both the screen wall and trellis feature but they are not
shown on the site plan or landscape plan. Therefore, these two (2) features must
be shown on both plans at the time of permitting. The plant list would have to be
updated to account for the Bougainvillea (see Exhibit "C" - Conditions of Approval).
As previously mentioned, 17,528 square feet of retail / restaurant is proposed
where the Macy's building is set to be demolished. The floor plan (sheet PO A-1)
indicates that retail and restaurant uses would occupy this space. The gross
leasable area cannot exceed 17,528 square feet. The building addition would be
one (1) story at 26 feet in height. A standing seam metal roof is proposed at the
entrance, consistent with the other mall entrance locations.
Design:
The proposed Muvico building would basically be a multi-colored, big box structure
with Greek revival architectural elements. The front porte-cochere would have the
classic triangular pediment accented with supporting columns of thick girth. These
supporting columns would be constructed of Glass Rber Reinforced Concrete
(GFRC), off-white in color (Monterey White - HC-27), and surface treated to look
like the authentic stonework. The decorative frieze on the pediment would consist
of the following colors: North Sea Green (2053-30), Province Blue (2135-40),
August Morning (2156-40), Jack 0 'Lantern (2158-30), Hawthorne Yellow (HC-4)
and Olive Branch (2143-30). None of these elements would be back-lit or
illuminated at night. The top of the parapet walls would have decorative cornice
treatments. The cornice would be HC-16 Livingston Gold. The roof of the
pediment would be made of clay tiles. These clay tiles would be varying shades of
terracotta (Adobe Dust, Pilgrimage foliage, and Tea). The entire building would
have an exterior finish of simulated stonework. The building's simulated stonework
would have three (3) variations of tan. The Benjamin Moore tan paints are as
follows: HC-9 Chestertown Bluff, HC-3 Greenmount Silk, and HC-14 Princeton
Gold. Likewise, the masonry building base would consist of three varying shades of
Staff Report - Muvico at Boynton Beach Mall (MSPM 05-001)
Memorandum No PZ 05-041
Page 7
tan. They are as follows: Mannequin Cream (2152-60), Desert Tan (2153-50),
and Cork (2153-40). All proposed colors were excluded from the elevations but
shown on colored rendering and on a separate color schedule. If approved by the
City Commission, all colors shall be shown on the elevations at the time of
permitting (see Exhibit "C" - Conditions of Approval). The Land Development
Regulations aim at preserving distinct architectural patterns within a surrounding
two (2) block radius. While staff observes the architectural style of the movie
theatre does not match the style of the existing mall, it is staff's opinion that the
proposed Muvico building would be acceptable given its limited visibility to
motorists traveling on Congress Avenue. Compatibility is not an issue because the
Muvico building is proposed as a stand-alone structure and separate from the
greater mall. It should be noted that the mall has other stand-alone buildings that
do not exactly match the mall but are compatible with the mall's architecture. Also,
the proposed colors of the movie theatre would be earth-tone and compatible to
the mall's colors. Staff's only recommendation at striving for increased
compatibility is for the movie theatre to utilize the same outdoor freestanding
lighting fixtures that were utilized throughout the mall's parking lots (see Exhibit
"C" - Conditions of Approval). The intent of this recommendation is to discourage
a situation where the Muvico leased parcel would have taller, brighter lights that
stand-out among the rest of the mall's lights, thereby drawing more attention to
the parcel at night than during the day, which in turn, would be a direct conflict
with code. Also, the proposed under-canopy lighting levels should be such that
they provide for a safe environment for pedestrians and vehicles but not luminous
as to be considered obnoxious or attention-getting (see Exhibit "C" - Conditions of
Approval).
As previously mentioned, the proposed retail expansion area would occur where
the Macy's building is set to be demolished. The elevations show that it would
have a modern architectural style with varying earth-tone colors. The proposed
colors of the expansion area would consist of the following ICI paint: #642-
Prairie House, #664 Raw Twine, #532 Haymarket, #651 Papier Mache, and #1930
Tropic Night. The metal roof would be painted #462 Western Trail. All proposed
colors were excluded from the elevation drawings but were shown on a separate,
colored rendering. If approved by the City Commission, all colors shall be shown
on the elevations at the time of permitting (see Exhibit "C" - Conditions of
Approval). The elevations do not indicate the colors of the existing mall. However,
staff conducted a site visit and observed the mall's existing building colors and
determined that the existing colors and the proposed colors would be compatible.
Staff recommends including the same white, wall-mounted decorative lighting
fixtures on the expansion area as that of the wall-mounted lighting fixtures used on
the other mall entrance (see Exhibit "C" - Conditions of Approval).
Signage:
Exterior wall signs for shopping malls are based on the size (area) of each building
wall. According to Chapter 21, Article IV, Section 4.A, each wall is allowed one (1)
exterior wall sign such as long as the sign does not exceed 10% of the exterior wall
face upon which they are attached. The wall signage chart (on sheet A-2)
indicates that the proposed sign area of each sign would comply with the 10%
limitation. However, the "Reader Boards", proposed with changeable typeface,
Staff Report - Muvico at Boynton Beach Mall (MSPM 05-001)
Memorandum No PZ 05-041
Page 8
would not be allowed because that would constitute two (2) signs on each wall,
which would conflict with the above referenced code. Therefore, at the time of
permitting, the elevations would have to be revised to eliminate either the reader
board or the "Muvico 16" sign (see Exhibit "c" - Conditions of Approval). The
"Muvico" sign would contain internally illuminated red letters. The reader board
letters would be acrylic (no color indicated). The elevations of the movie theatre
also show a detail of the movie poster case. These move poster cases are
proposed along sidewalk level on all building facades of the movie theatre. The
detail shows that they would be four (4) feet - two (2) inches in width and six (6)
feet in height. These poster cases are not considered part of the movie theatre
sign program.
The elevations (sheet PD A-1) ofthe 17,528 square foot retail expansion area show
that a blue "Boynton Beach" sign would be located at center, above the main
entrance. Staff recommends that the signage proposed on the expansion building
must either match or closely resemble the existing signage from the remaining mall
entrances (see Exhibit "c" - Conditions of Approval).
RECOMMENDATION:
Staff has reviewed this request for new site plan approval and is recommending approval of the site plan,
contingent upon the approval of the accompanying request for height exception and satisfying all
conditions indicated in Exhibit "c" - Conditions of Approval. Any additional conditions recommended by
the Board or City Commission shall be documented accordingly in the Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall\MSPM 05-001 Muvico Theatre\Staff Report.doc
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EXHIBIT "C"
Conditions of Approval
Project name: Boynton Beach Mall - Muvico
File number: MSPM 05-001
Reference: 2nd review plans identified as a Master Site Plan Modification with a January 3 L 2005 Planning
dZ . D d b
an omng eoartment ate stamo mar m!:.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments:
1. Remove stop bars and lane separators on ring road. X
2. Add lane separator on "major" driveways to ring road. X
ENGINEERING DIVISION
Comments:
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. 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:
5. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
6. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with
20 p.s.i. residual pressure 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)).
7. The LDR, Chapter 6, Article IV, Section 16 requires that all points on each X
building will be within 200 feet of an existing or proposed fire hydrant.
Please demonstrate that the plan meets this condition, by showing all
hydrants.
COA
03/17/05
2
DEPARTMENTS INCLUDE REJECT
8, Water and sewer lines to be owned and operated by the City shall be included X
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).
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 proiect, in accordance with the CODE, Section 26-15.
10. Another link of the sanitary sewer (from the Sears automobile service facility) X
may come into the existing manhole located at the northwest corner of the
proposed building and has not been addressed. Show the sanitary sewer for
Sears Automotive and address relocation of this line.
11. Utility construction details will not be reviewed for construction acceptability X
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); they will be
reviewed at the time of construction permit application.
FIRE
Comments:
12. Site addresses shall be placed conspicuously on the front of the structure, so X
the numbers can be seen plainly Site addresses shall be placed conspicuously
on the front of the structure, so the numbers can be from the street. Numbers
used for residences shall be not less than four inches in height and shall be
made of a durable and visible material. Numbers used for commercial and
industrial buildings shall not be less than six inches in height. (City
Ordinance Chapter 20 Section 16.).
13. Prior to Fire Department inspections, new construction projects must provide X
the results of a hydrant flow test indicating a fire flow not less that 1500
gallons per minute @ 20 p.s.i. above domestic use. This applies to new or
existing hydrants within the required 200 ft. of the facility.
14. All buildings, three (3) stories or 30 feet in height, shall have an automatic X
fire sprinkler system Chapter 9, Sec 7-2-2Al City Ordinance.
POLICE
Comments:
15. Staff recommends the movie theatre hire private security guards to assist with X
any future problems that may arise from large gathering of juveniles.
COA
03/17/05
3
DEPARTMENTS INCLUDE REJECT
BUILDING DIVISION
Comments:
16. At the time of permitting, indicate within the site data the occupancy type of X
the building as defined in 2001 FBC, Chapter 3.
17. The height and area for buildings or structures of the different types of X
construction shall be governed by the intended use or occupancy of the
building, and shall not exceed the limits set forth in Table 500 of the 2001
FBC.
18. 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.
19. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
20. Identify within the site data the finish floor elevation (lowest floor elevation) X
that is proposed for the building. Verify that the proposed elevation is in
compliance with regulations of the code by adding specifications to the site
data that address the following issues:
The design professional-of-record for the project shall add the following text
to the site data. "The proposed finish floor elevation _' _ NGVD is
above the highest 100-year base flood elevation applicable to the building
site, as determined by the SFWMD's surface water management construction
development regulations."
From the FIRM map, identify in the site data the title of the flood zone that
the building is located within. Where applicable, specify the base flood
elevation. If there is no base flood elevation, indicate that on the plans.
21. 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.
22. 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.
23. 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:
COA
03/17/05
4
DEPARTMENTS INCLUDE REJECT
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)
24. At time of permit review, submit separate surveys of each lot, parcel or tract. X
For purposes of setting up property and ownership in the City computer,
provide a copy of the recorded deed for each lot, parcel or tract. The recorded
deed shall be submitted at time of permit review.
25. Add a general note to the site plan that all plans submitted for permitting shall X
meet the City's codes and the applicable building codes in effect at the time
of permit application.
26. 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 City Commission.
27. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. If the project is multi-
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building permit application at the time of application submittal.
28. This structure meets the definition of a threshold building per F.S. 553.71(7) X
and shall comply with the requirements of F.S. 553.79 and the CBBA to the
2001 FBC, Sections 105.3.1 through 105.3.6. The following information
must be submitted at the time of permit application:
The structural inspection plan must be submitted to the enforcing agency
prior to the issuance of a building permit for the construction of a threshold
building All shoring and re-shoring procedures, plans and details shall be
submitted. All plans for the building that are required to be signed and sealed
by the architect or engineers of record shall contain a statement that, to the
best of the architect's or engineer's knowledge, the plans and specifications
comply with the applicable fire safety standards as determined by the local
authority in accordance with this section and F.S. Section 633.
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALIST
Comments:
COA
03/17/05
5
DEPARTMENTS INCLUDE REJECT
Existing Trees Management Plan
Sheet L-O 1
29. The Landscape Architect should tabulate the total existing trees on the site. X
The tabular data should show the individual species of trees proposed to
remain in place, be relocated throughout the site, or removed / replaced on
site. All desirable species of existing trees must be relocated rather than
removed if the trees are in good health. These trees should be shown by a
separate symbol on the landscape plan sheet L-02 (Chapter 7.5, Article I Sec.
7.D.p.2.).
Landscape Plan
Sheet L-02. L-03
30. All shade and palm trees on the Plant list must be listed in the specifications X
as a minimum of 12'-14' height, 3" diameter at DBH (4.5' off the ground),
and Florida #1 (Florida Grades and Standards manual). The height of the
trees may be larger than 12' -14' to meet the 3" diameter requirement.
rEnvironmental Relnllations, Chanter 7.5, Article II Sec. 5.C. 2.1
31. All trees, if proposed as trees, must be at least 12 feet in height and three (3) X
caliper inches at the time of their installation (Chapter 7.5, Article II, Section
5.C.2.).
PLANNING AND ZONING
Comments:
32. Approval of this site plan is contingent upon the accompanying request for X
height exception (HTEX 05-004). On the site plan tabular data (sheet C-4),
correct the "maximum building height" to indicate 45 feet rather than 54 feet.
33. The maximum height allowed in the C-3 zoning district is 45 feet (Chapter 2, X
Section 6.C.). At the time of permitting, the elevations shall indicate the
building height, ensuring comnliance with aforementioned code.
34. The shared parking analysis indicates the project would contain 3,650 seats X
but the site plan (sheet C-4) tabular data indicates 3,646 seats. The legal
advertisement indicates 3,646 seats are proposed so therefore, if approved, the
movie theatre would be limited to 3,646 seats, unless properly clarified,
documented, or amended subsequently.
35. The traffic impact study must be approved by the Palm Beach County Traffic X
Division for concurrency purposes prior to the issuance of any building
permits.
36. The project requires a total of 5,562 parking spaces but only provides 5,478 X
parking spaces, a deficit of 84 parking spaces. However, the applicant
submitted quantitative evidence (shared parking analvsis) that demonstrates
COA
03/17/05
6
DEPARTMENTS INCLUDE REJECT
varying parking demand on different days or times of the week. The
quantitative evidence included estimates for peak hour / peak season parking
demand based on statistical data furnished by the Urban Land Institute
(Chapter 2, Section l1.H.13). The analysis was reviewed and found to be
acceptable to staff. The Planning & Development Board and City
Commission must approve the shared parking analysis.
37. The overall site plan (sheet C-3) tabular data indicates 42,876 square feet of X
"future retail". This future building area was not a component of the shared
parking analysis and should be indicated as such on the overall site plan
tabular data.
38. At the time of permitting, All building elevations (for both Muvico and Retail X
"A") should indicate paint manufacturer's name and color codes (Chapter 4,
Section 7.D.). Staff recommends using a color schedule.
39. On the landscape plan, ensure that the plant quantities must match between X
the tabular data and the graphic illustration.
40. A signature tree (such as a Yellow Elder, Tibouchina Granulsola, or X
Bouganvillea) is required at both sides of all project entrances (off the loop
road). The signature trees must have eight (8) feet of clear trunk if placed
within the safe-sight triangle (Chapter 7.5, Article 2, Section 5.N.).
Alternative plant material may be substituted if the above referenced plant
material is not available or undesired. Any substitution of plant material (for
the signature tree requirement) will be subject to the City Forester /
Environmentalist review and approval.
41. One (1) wall sign is allowed on each wall of the movie theatre building X
(Chapter 21, Article IV, Section 4). The elevations (of the Muvico building)
show that reader boards are proposed on the same wall as the "Muvico" wall
sign. Both signs are not allowed on the same wall. At the time of permitting,
eliminate one (1) wall sign where there are two (2) proposed. A variance
would have to be applied for, reviewed, and approved by the Planning &
Development Board and City Commission in order to have two (2) wall signs
on one (1 ) wall.
42. Eliminate the "16" portion of the project signage because as proposed, is X
considered a roof-top sign. Roof-top signs are not permitted under Chapter
21, Article II, Section 3.G of the Land Development Regulations.
43. Rooftop air-conditioner units must be screened by the parapet walls. All X
rooftop equipment must be completed screened from view at a minimum
distance of 600 feet (Chanter 9, Section 1 I.E.).
44. Feature lighting emphasizing plants, trees, barriers, entrances, and exits is X
encouraged (Chapter 9, Section 1O.F.3.).
45. Lighting may be used to illuminate a building and its grounds for safety X
COA
03/17/05
7
DEPARTMENTS INCLUDE REJECT
purposes and to enhance its beauty. However, the visual effect shall be subtle
(Chapter 9, Section 10.FA.). Staff recommends that the illumination levels
shall not exceed 10 footcandles.
46. Lighting shall not be used as a form of advertising in a manner that draws X
more attention to the building or grounds at night than in the day (Chapter 9,
Section 1O.F.5.).
47. Provide a detail of a typical outdoor freestanding lighting fixture. The detail X
of the typical freestanding outdoor lighting fixture should include the overall
height, exterior finish, materials used (Le. concrete or aluminum) and
color(s). Staff recommends that the proposed lighting fixtures (and
footcandle levels) used in the new parking areas should be the same lighting
fixtures (and footcandle levels) that are used throughout the remainder of the
mall's parking lots. Also, staff recommends limiting the under canopy
lighting levels to 10 footcandles or less.
48. The elevations show a trellis structure with Bougainvillea is proposed at the X
rear of the Muvico building. This element was omitted from the site plan and
landscape plan. At the time of permitting, revise either the site plan or
landscape plan to show the trellis structure. Regardless, the screen wall shall
be painted to match the principle structure.
49. To soften the hardscape area, staff recommends installing a seven (7) foot X
wide planter strip directly in front (east) of the new retail area. Native hedge
material and palm trees should be installed within the planter strip. This can
be accomplished during the permitting process.
50. Staff recommends that the signage proposed on the expansion building must X
either match or closely resemble the existing signage on the other mall
entrances.
51, To create a more grandiose entrance to the movie theatre, staff recommends X
substituting the 14 Christmas palm trees with 14 Royal Palm trees.
52. Staff recommends including the same white, wall-mounted decorative X
lighting fixtures on the expansion area as that of the wall-mounted fixtures
used on the other mall entrance.
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
Comments:
53. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
COA
03/17/05
8
DEPARTMENTS INCLUDE REJECT
54. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall\MSPM 05-001 Muvico Theatre\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Muvico at Boynton Beach Mall
AGENT:
AGENT'S ADDRESS:
Thomas A. Marsicano, AICP / URS Corporation Southern
7650 West Courtney Campbell Causeway Tampa, FL 33607
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
April 19, 2005
TYPE OF RELIEF SOUGHT:
Request for Major Site Plan approval for the construction of a
79,500 square foot movie theatre and 17,528 square feet of retail
at the Boynton Beach Mall, which is in C-3 zoning district.
LOCATION OF PROPERTY:
301 North Congress Avenue - Macy's leased parcel at the
Boynton Beach Mall, located on the north side of Old Boynton
Road, just west of Congress Avenue.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall\MSPM 05-001 Muvico Theatre\DO,doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM F.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon)
[gI April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17, 2005 May 2,2005 (Noon) D July 19,2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF [gI Consent Agenda 0 New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDA TION:
Motion from the City Commission to approve a donation of $4,000,00 to the Boy Scouts of America from the forfeiture fund.
EXPLANA TION:
We are required to place some forfeiture funds back into the community in either youth programs or anti-drug programs.
This funding is in compliance with Florida Statute 932,7055(4c3),
PROGRAM IMPACT:
Gulf stream Council of the Boy Scouts of America will be able to meet their commitment for this fiscal year, and these
Funds will assist Boy Scouts of America with their crime prevention and drug abuse prevention program.
FISCAL IMPACT:
Funding this request will have no fiscal impact on our budget.
Forfeiture account 691-5000-590-04-25 $4,000.00.
ALTERNATIVES:
City Manager's Signature
Police
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
~
~
GULF STREAM COUNCIL, INC.
BOY SCOUTS OF AMERICA
8335 North Military Trail
Palm Beach Gardens, FL 33410-6329
(561 ) 694-8585 · Fax (561) 694-9050
February 24, 2005
Marshall B. Gage, FBINA
Chief of Police
Boynton Beach Police Department
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425
Dear Chief Gage:
For 95 years the Boy Scouts of America has been know for its traditional objectives in
Character Building, Citizenship Training, Self-reliance, Duty to God and Country, and
respect for others. Today these objectives are more important than ever.
When we ask parents why they have signed their children up for Scouting, one answer
stands out: They know Scouting for its character-building reputation and that it will
deliver.
Scouting does not happen in a community without strong leadership and major financial
support. Therefore, we are asking the Boynton Beach Police Department to invest
$4,000 towards Scouting in the Boynton Beach area. We appreciate all the help we
have received in the past and hope we can continue counting on your support.
We think you will agree with us that a strong Scouting program is important to the
community of Boynton Beach. We need your help to support this essential program in
your area.
Thank you for your consideration,
~_i.~~ereIY, /
4~ C~L~
~-; Landin
Manatee District Executive
Gulf Stream Council
. A United Way Agency serving the Youth of Palm Beach, Martin, 51. Lucie, Indian River, Okeechobee, Glades and Hendry Counties.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM G.
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to Citv Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
D April 5, 2005
[gI April 19,2005
D May 3, 2005
D May 17,2005
March 14,2005 (Noon.)
D June 7, 2005
D June 21, 2005
D July 5, 2005
D July 19,2005
May 16,2005 (Noon)
April 4, 2005 (Noon)
June 6, 2005 (Noon)
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NATURE OF
AGENDA ITEM
D Administrative
[gI Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
D Development Plans -0
D New Business :r
,.
D Legal
D .r::-
Unfinished Business (j\
D Presentation
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RECOMMENDATION:
Approval of an expenditure in the amount of $33,210.00 from the Federal Justice Forfeiture Fund in order to purchase 6 in-
car digital video cameras. Supplier of the equipment is Kustom Signals, Inc. pursuant to a State of Georgia contract. This
expenditure meets the requirements for the use of federal forfeiture funds.
EXPLANATION:
Vehicle mounted camera systems have proven to be an effective and highly desirable law enforcement tool. The recording of
officer/citizen contacts provides documentation that has proven invaluable as evidence in criminal and civil proceedings as
well as internal investigations. The current in-car camera system is an analogue camera with VHS recorder, which was
purchased 5 years ago. The useful life on this system is 3 years and we have expended between three and four hundred
dollars per unit each time a piece of equipment was sent for service or repair. The proposed system is digital with very few
moving parts. Copying of video for trial and investigative purposes will take minutes instead of hours with the VHS system.
The digital system is considerably more reliable than the VHS system and is easily installed, This purchase in the same as our
latest digital camera purchase.
PROGRAM IMP ACT:
It is no longer effective to repair the analogue and VHS recording equipment. The new digital camera equipment is important
to the mission of the police department with regard to prosecuting and insuring officer accountability.
FISCAL IMPACT:
No impact on City funds. Money will be taken from the Federal Justice Forfeiture Fund.
Account No. 691-5000-590-04-22
ALTERNAflV~"-~
/'~ / --------
Department ea~ature
~
City Manager's Signature
Police
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
k(((((((
KUSTOM SIGNALS, INC.
A SUBSIDIARY OF PUBLIC SAFETY EQUIPMENT, INC
9326 Pflumm, Lenexa KS 66216-3347
913-492-1400 Fax 913-492-1703
sales@kustomsignals,com www.kustomsignals.com
Quotation
Date 03/16/2005
To... DOUG SOLOMON
BOYNTON BEACH POLICE DEPT
100 E BOYNTON BEACH BLVD
POBOX310
BOYNTON BEACH FL 33435-3838
Quote # 187199074164756
Terms Net 30
This Quote Expires on OS/23/2005
Phone 561-742-6100
Fax 561-742-6185
Pa~e 1 of 1
Q!y Product Description
6 LOADED DIGITAL EYEWITNESS MAX. SECURITY VAULT SYSTEM WITH
REMOVABLE HARD DRIVE, OVERHEAD CONSOLE, SURE TALK
6 SHIPPING & HANDLING
UnitPrice
$5,495.00
$40.00
SubTotal
$32,970.00
$240.00
Total
$33,210.00
Signature
Title
Toll Free 800-4KUSTOM (800-458-7866)
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM H.
I{cqucs\cd ('ily ("<lIllIllISSlOn
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III 10 ('Ily ('bk 's (lllIL'C
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Dalc !'inal Form Must be TU111ed
i1J...jo ('ily ('Ierk's Office
D /\pril:i, lOO';
[gI /\pril I (J. lOo,;
D Mav', lOO,;
D May 17. lOO,;
March 14, lOO,; (Noon. I
D ./unc 7, lOO.~
D ./L1nell, lOO,;
D ./uly),lOO)
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./une (" 2(0) (Noon)
/\1'1'11 I X, lOO,; (Noon)
./une 20, 2(0) (Noon)
Mayl.lOO'; (Noon)
./uly ). l005 (Noon)
NATURE OF
AGI<:NDA ITEM
D Administrative
[8] Consent Agenda
D Puhlic I fearing
D Bids
D Announcement
D City Manager's Report
D Development Plans
D New Business
D Legal
D Unfinished Business
D Presentation
RECOMMENDATION: Authorization to for the Mayor to sign the application and apply for hazard mitigation funding
li'01l1 Department of Community A ffairs, Division of Emergency Management to cover the 2"d story windows at City Hall with
Miami Dade approved hurricane window coverings.
EXPLANATION: The City of Boynton Beach is applying for Hazard Mitigation Grant Program funding to provide
permanent window coverings for the remaining 41-second story window openings not already protected with these permanent
window coverings. Since these coverings are permanently attached, their henefit will remain intact for many years to come
(projected life of 1:'\ years).
PROGRAM IMPACT: Loss of these critical city lllfrastructure facilities due to wind and water damage secondary to the
hreaching of these windows would not only cause inereased human suffering, but potential loss of equipment and structural
damage in millions of dollars. The projected cost of replacement of the City !Iall huilding is set at $21,740,000. The value of
the contents of the huilding is proJected to he $2,24(,,972. The loss of our only functioning EOC will have an impact on most
of our citizens through our inahility to elfectively operate an efficient command and control system of disaster response.
FISCAL 1M PACT: Total project cost is $1 X3,ll:'\ .00 for the purchase and installation 41 Dade County approved hurricane
harriers. The matching portion from the City of Boynton Beach would he $4:'\,779,00 and will come fi'om the Capital
Improvements Program.
ALn:RNATIVES:
I. Leave second story windows uncovered. putting the entire City Hall complex at risk in a hurricane.
2, Ilave City stall install shutters as they do to the 1.'1 floor. This is too c stly and extremely time consuming, not an
~\accePtahle alt(~~
\. Department Head's Signature
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City Manager's Signature
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Department Name
S\llllll.l'I'IN\I'()I{MS\/\( il-ND/\ ITUvt [{It.)l IISI [-(lIUv1D()('
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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NATURE OF
AGENI>A ITEIVI
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I kve lopment Plans
New Business
o
('onsenl Agenda
I'uhlie I !caring
Bids
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l !nlinished Business
^ nl1< Hlnel' men t
I'resentati\lIl
('ity Managcr's Report
IU~COM M EN I>ATION: Ohta in Commission approval to apply fin ha/ard mitigat ion I'unding (pcr City ^PM No. 01.02.13)
li'om Department ol'Community Amlirs, I)ivision 01' l-:illergl'ncy Managemenllo co vcr the 2"d story vvlndows at City Hall with
Miami Dade approved hurricane window eovcrings.
EXPLANATION: The City 01' Boynton Beach is applying Iln Ila/.anl Mitigation (irant Program l'undlJlg to provide
permanent window covcrings fill' the remaining 4 I-second story window openings not already protected with these permanent
window covcrings. Since these covcrings are pcrmanl'ntly attached, their henclit will remain intact fill' many years to come
(projected life 01' 15 years).
PROGRAM IMPACT: l.oss ol'lhl'se critical city inl'rastructurl' 1~lcilities due to Wind and watcr damage secondary to the
hreaching 01' these wlJIdows would not only cause incrcasl'd human sufTering, hut potential loss 01' equipment and structural
damage in millions ol'dollars. The proJected cost ol'rl'plaCl'ml'nl ol'lhl' City Ilall huilding is set at $21,740,000. The value of
the contents ol'thl' huilding is projected to he S2,24():>72. The loss ol'our only Illlletioning EOC will have an impact on most
ol'our citizens through our inahilily to clTl'cti\'ely opcratl' anl'lTicil'nt command and control systcm ol'disaster response.
FISCAL IMPACT: Total project cost is $1 ~n, 115.00 fin the purchase and installation 41 Dade County approved hurricane
harriers. The matching portion I'romthl' ('jty 01' Boynton Beach would he $45,77\).00 and will come fi'om the Capital
Improvements I'rogra n1.
ALTERNATIVES:
I, l.eave second story windows uncO\'L'rl'd, pllttlng thl' elllirl' ('ity Ilall complex at risk in a hurricane.
') I lave City stal'l' install shutters as they do to the I" floor. This is too cos ! and cxtremely time consuming, not an
aeceptahle altl'rnativc,
C\ ~__
~- -
Department I !cad's Signature
Finance / I luman Resources
~~,,~~ ~~ rh,., ec.sc:.u'C...
----"--- -------- ----'--- --- ..------. ---- --... --....-
IkpartlllclIl Namc
S\lll!IIIIIN'I'()RiVJS,,\\i1NI)\ IlliVtl{lI)III.SllllR\1.I)()('
STATE OF FLORIDA - JOINT HAZARD MITIGATION GRANT PROGRAM &
FLOOD MITIGATION ASSISTANCE APPLICATION
THIS SECTION FOR STATE USE ONLY
FEMA- _-DR-FL
o Standard HMGP
o Standard FMA
o 5% Initiative Application
o Initial Submission or
o Application Complete
o Re- Submission
Support Documents
o Conforms wI State 409 Plan
o In Declared Area
o Statewide
Eligible Applicant
o State or local Government
o Private Non-Profit (Tax ID Received)
o Recognized Indian Tribe or Tribal Organization
Project Type(s)
o Wind
o Flood
o Other:
Community NFIP Status: (Check all that apply)
o Participating Community ID#:
o In Good Standing 0 Non-Participating 0 CRS
Reviewer Phone#:
Reviewer Fax#:
Reviewer E-Mail:
Date Application Received:
State Application ID:
State Reviewer:
Signature:
Date:
-his application is for all Federal Emergency Management Agency (FEMA Region IV) Hazard Mitigation Grant Program (HMGP) and
:Iood Mitigation Assistance (FMA) proposals. Please complete ALL sections and provide the documents requested. If you require
echnical assistance with this application, please contact your State Emergency Management Division at (850) 922-5269.
A. To Fill Out This Application: Complete all sections, which correspond with the type of proposed project
Attachment A:
Attachment B:
General Application Sections: pp.I-5: A II Applicants must complete these sections
Environmental Review: pp. 6-9: All Applicants must complete these sections
Maintenance Agreement: p. 10: Any Applications involving public property, public ownership, or management of property
Acquisition Worksheet: pp.lI-13: Acquisition Projects only -- one worksheet per structure
Elevation Worksheet: pp.l4-18: Elevation Projects only n one worksheet per structure
Drainage Worksheet: p. 19: Drainage Projects only
Wind Retrofit Worksheet: pp. 20-22: Wind retrofit projects only (HMGP only) -- one worksheet per structure
pp. 23-24: Wind retrofit/shelter projects only (HMGP only) -- one worksheet per structure
FEMA Form 90-49 (Request for Public Assistance): All Applicants must complete, if applicable.
HMGPIFMA Application Completeness Checklist: All applicants are recommended to complete
this checklist
B. Applicant Information
FEMA-B1ank-DR-FL
DISASTER NAME: Blank
Ex.. FEMA-1539-DR-FL; Hurricane Charley
Title / Brief Descriptive Project Summary: City of Boynton Beach wind retrofit of forty-one 2nd story windows at City Hall.
I, Applicant (Organization): City of Boynton Beacb
2. Applicant Type:
I:8J State or Local Government
County: Palm Beach
State Legislative District(s): 25.30 Congressional District(s): 86.87
Federal Tax J.D. Number: 60-04-1I6451-54C
FIPS Code*: 1209907875 (*ifyour FIPS code is not known, please fill out FEMA Form 90-49 (Attachment A) so that the
Department may obtain a FIPS code for you)
7. National Flood Insurance Program (NFIP) Community Identification Number (this number can be obtained from the FIRM map
for your area): 120196
8. NFIP Community Rating System Class Number: ~
9. NFIP Last Community Assistance Visit Date: 4/20/04
10. Attach proof of current Flood Insurance Policy (FMA only).
o Recognized Native American Tribe
o Private Non-Profit
3.
4.
5.
6.
Flood Insurance Policy Number: P'K F'L I 05 02.003 c'-l -0 \
P..-a<;:'<2-rr<!.d cov"-<(\""eO'\-+~l x. >\Su'rCn',ce IrvS+
Attach any continuations or additional items to this page
(Form No. HMGP/FMA-OOI, EfT. 10/30/04)
Page I of 27
STATE OF FLORIDA - JOINT HAZARD MITIGATION GRANT PROGRAM &
FLOOD MITIGATION ASSISTANCE APPLICATION
] I. Point of Contact
DMs. [gIMr. DMrs. First Name: James Last Name: Ness
Title: Deputv Fire Chief
Street Address: 100 East Bovnton Beach Blvd
City: Bovnton Beach State: FL Zip Code: 33435
Telephone:5617426333 Fax: 5617426334
Email Address (ifavailable):nessi(iV,ci.bovnton-beach.fl.us
12. Application Prepared by: OMs, [8]Mr. OMrs. First Name: James
Title: Deputy Fire Chief Telephone: 56]7426333 Fax: 56]7426334
13. Authorized Applicant Agent (proof of authorization authority required)
DMs. [gIMr. DMrs. First Name: Jerry Last Name: Tavlor
Title: Mavor Telephone: 56]7426013 Fax: 56]7426334
Street Address: 100 East Boynton Beach Blvd
City: Bovnton Beach State: FL Zip Code: 33435
Signature: Date:
14. All proposed projects should be included in the county's Local Mitigation Strategy (LMS).
Attach is a letter of endorsement for the project from the county's Local Mitigation Strategy Coordinator. DYes D No
Last: Ness
Section I. Project Description
A. Hazards to be Mitigated / Level of Protection
]. Select the type of hazards the proposed project will mitigate:
o Flood [gI Wind D Storm surge [gI Other (list):
2. Identify the type of proposed project:
o Elevation and retrofitting of residential or non-residential structure
o Acquisition and relocation D Acquisition and demolition
[8] Wind retrofit D Minor drainage project that reduces localized flooding
o Other (please explain) _
3. List the total number of persons that will be protected by the proposed project: 65000
4. Fill in the level of protection and the magnitude of event the proposed project will mitigate.
(e.g. 23 structures protected against the lOO-year (l %) flood)
_ structure(s) protected against the _ -year Flood (10,25,50,100, or 500 year)
! structure(s) protected against ]46 mile per hour (mph) winds
5. Engineered projects only (e.g. Drainage Improvements), include (attach to this page) ALL engineering
calculations and design plans used to determine the above level of protection.
6. Project will provide protection against the hazard(s) above for ]5 years (i.e., what is the useful life of the project)
B. Project Description, Scope of Work, and Protection Provided (Must be Completed in Detail)
Describe, in detail, the existing problem, the proposed project, and the scope of work. Explain how the proposed project will
solve the problem(s) and provide the level(s) of protection described in Part A. Also, if available, attach a vendor's estimate
and/or a contractor's bid for the scope of work. Please ensure that each proposed project is mitigation and not
maintenance.
Description of the existing problems- The City of Boynton Beach recently installed 24 permanent hurricane window
coverings on selected second story windows at our City Hall complex. Given the vulnerability this building to wind and rain damage,
shuttering of this complex is considered a critical element in our ability to respond to the post disaster needs of our citizens. The City
Attach any continuations or additional items to this page
(Form No. HMGP/FMA-OOI, Eff. 10/30/04)
Page 2 of 27
ARTICLE II. CITY COMMI5510N*
Sec.21. Autbority to contract; execution; attestation and seal.
The Commission shall have the power to enter into contracts on behalf of the City,
and when so entered into, the same shall be attested by the City Clerk with the seal of the
City thereunto affixed. (Laws of Fla. 1947, Ch. 24398, ~ 28; Ord. No. 02-037, ~ 2, 8-20-
02, election of 11-5-02)
Cross reference~Contracts must be approved by City Attorney, ~ 58.
Sec. 24. Duties, powers, privileges of Mayor.
The Mayor shall preside at all meetings of the City Commission and perform such
other duties consistent with his or her office as may be imposed by the City Commission,
and he or she shall have a voice and a vote in the proceedings of the City Commission,
but no veto power. He or she may use the title of Mayor when executing legal
instruments of writing or when required by necessity, arising from the General Laws of
the State, but this shall not be considered as conferring upon him or her the administrative
or judicial functions of a Mayor under the General Laws of the State. He or she shall be
considered as the official head of the City for ceremonial purposes, and shall be so
recognized by the courts for the purpose of serving civil processes, and by the
Government in the exercise of military law. In the absence or disqualification of the
Mayor, the other members of the City Commission shall select one of their members to
perform his or her duties. This selection shall be made in accordance with the provisions
of Sections 17 and 23 for the election of a Mayor. *
The Mayor shall sign all deeds, bonds or other instruments of writing to which the
City is a party, when authorized so to do by the City Commission. (Laws of Fla. 1947,
Ch. 24398, ~~ 20, 22; Am. Ord. No. 97-38, ~ 2, 8-5-97, election of3-1O-98; Ord. No. 02-
040, ~ 2, 8-20-02, election of 11-5-02; Ord. No. 02-043, ~~ 4-5, 8-20-02, election of 11-
5-02)
*Editor's note~Note that ~ 23 above, as amended, provides for the annual
designation of a Vice-Mayor.
Editor's note-Ord No. 97-43, ~ 2, adopted 8-19-97, repealed previous ~ 24
pertaining to quorum and vote requirements on ordinances, resolutions, and enactment
procedures generally. Said section was derived from Laws of Fla. 1947, Ch 24398, ~
31, as amended by Laws of Fla. Ch. 63-1125, ~ 2; Ord No. 74-21, ~ J, 8-20-74; Ord No.
87-46B, ~ 1, 1-5-88, election of 3-8-88; Ord No. 97-39, ~ 2, 8-5-97. Current ~ 24 was
originally part of Article IV and designated ~ 54.
American Legal Publishing Corporation
Boynton Beach, Florida
Hall is currently functioning as our City's primary Emergency Operations Center, a factor further elevating the need to protect this
structure and those who will be functioning in it during a hurricane. As a pilot project, these 24 windows were chosen because of
difficulty in installing non-permanent hurricane shutters. These permanent shutters were needed secondary to changes in the windows
due to a building restoration project involving a sick building syndrome. These permanent window coverings were installed just prior
to the first of three storms to strike South Florida this past summer/fall. During the preparations for those storms it became very
apparent that these types of permanent window coverings were the ideal method for protecting this critical facility. When we factor in
the off site storage, transportation (from warehouse), and installation (overtime & rental of elevated platforms), for the shutter
installation and removal, permanent window coverings make good sense. Add to the equation the fact that this process is often
repeated several times during the six-month hurricane season. Not shuttering City Hall is not an option. Critical infrastructure
functions within this building (2nd floor) include; public safety dispatch center, Information and Technology Dept. (city's computer
server and computer department), GIS Department, Procurement and Finance Department, City Administration (City Manager's
Office), City Attorney's office and Risk Management. The loss ofthis complex, whether it is functioning as our EOC or the heart of
our City's Administration, would be disastrous in terms of our ability to respond to the emergency needs of our citizens as well as our
ability to restore normal city operations.
The City of Boynton Beach is applying for HMGP funding to provide permanent window coverings for the remaining 41 second story
window openings not already protected with these permanent window coverings. Since these coverings are permanently attached, their
benefit will remain intact for many years to come (projected life of] 5 years). Loss of these critical city infrastructure facilities due to
wind and water damage secondary to the breaching of these windows would not only cause increased human suffering, but potential
loss of equipment and structural damage in millions of dollars. The projected cost of replacement ofthe City Hall building is set at
$] 7,465,500. The value of the contents ofthe building is projected to be $1,841,255. The loss of our only functioning EOC will have
an impact on most of our citizens through our inability to effectively operate an efficient command and control system of disaster
response. The loss of a single home due to a delayed response to a fire type call, secondary to the loss of our EOC, would create a cost
benefit ratio of greater than one. Now project those types of loses to the entire city during an Andrew type of disaster. Those
projected loses cannot begin to place a dollar figure on the human suffering due to an inefficient disaster response because of our loss
of the command and control function of our City's EOC.
A quote is attached for your review from "Hurricane Protection Industries, Inc. in the amount of$183,]] 5.00 for the purchase and
installation 4] Dade County approved hurricane barriers. The matching portion from the City of Boynton Beach would be $45,779.00.
3
Attach any continuations or additional items to this page
(Form No, HMGPIFMA-OOI, Eff. 10/30/04)
Page 3 of 27
.ED
BUILDING CODE COMPLIANCE OFFICE (BCCO)
PRODUCT CONTROL DMSION
MIAMI-DADE COUNTY, FLORIDA
METRO-DADE FLAGLER BUILDING
140 WEST FLAGLER STREET, SUITE 1603
MIAMI, FLORIDA 33130-1563
(305) 375-290J FAX (305) 375-2908
NOTICE OF ACCEPTANCE (NOA)
Exeter Architectural Products, Inc.
243 W. Eighth Street
Wyoming, PA 18644
SCOPE:
This NOA is being issued under the applicable rules and regulations governing the use of construction materials.
The documentation submitted has been reviewed by Miami-Dade County Product Control Division and accepted
by the Board of Rules and Appeals (BORA) to be used in Miami Dade County and other areas where allowed by
the Authority Having Jurisdiction (AHJ).
lbis NOA shall not be valid after the expiration date stated below. The Miami-Dade County Product Control
Division (In Miami Dade County) and/or the AHJ (m areas other than Miami Dade County) reserve the right to
have this product or material tested for quality assurance purposes. If this product or material fails to perform in
the accepted manner, the manufacturer will incur the expense of such testing and the AHJ may immediately
revoke, modify, or suspend the use of such product or material within their jurisdiction. BORA reserves the right
to revoke this acceptance, if it is determined by Mia..TTIi-Dade County Product Control Division that this product or
material fails to meet the requirements. of the applicable building code.
This product is approved as described herein, and has been designed to comply with the High Velocity Hurricane
Zone of the Florida Building Code.
DESCRIPTION: Storm Shield Hurricane Barriers
APPROVAL DOCUMENT: Drawing No. SSHB-R-98, prepared by Exeter Architectural Products, titled "Storm
Shield Hurricane Barriers", dated 06/05/95,02/21/94, 11/1/95 & 11/15/95 with latest revision on 03/16/98 & 03/
17/98, sheets 1 through 12 of 12 signed and sealed by T.R. Maxwell, PE., bearing the Miami-Dade County
Product Control Revision stamp with the Notice of Acceptance number and expiration date by the Miami-Dade
County Product Control Division. '
MISSILE IMPACT RATING: Large and Small Missile Impact
LABELING: Each panel shall bear a permanent label with the manufacturer's name or logo, city, state and the
following statement: "Miami-Dade County Product Control Approved", unless otherwise noted herein.
RENEWAL of this NOA shall be considered after a renewal application has been filed and there has been no
change in the appHcable building code negatively affecting the performance of this product. .
TERMINATION of this NOA will occur after the expiration date or if there has been a revision or change in the
materials, use, and/or manufacture of the product or process. Misuse of this NOA as an endorsement of any
product, for sales, advertising or any other purposes shall automatically terminate this NOA. Failure to comply
with any section ofthis NOA shall be cause for termination and removal of NO A.
ADVERTISEMENT: The NOA number preceded by the words Miami-Dade County, Florida, and followed by
the expiration date may be displayed in advertising literature. If any portion of the NOA is displayed, then it shall
be done in its entirety. '
INSPECTION: A copy of this entire NOA shall be provided to the user by the manufacturer or its distributors
and shall be available for inspection at the job site at the request of the Building Official.
This NOA revises & renews NOA # 00-0512.05 & consists of this page 1 & approval document mentioned above
The submitted documentation was reviewed by Helmy A. Makar, P.E.
H?;1.~
, C-0IJ05
Of 0 or."'.
I -
i
. - '"
.
NOA No 03-0606.03
Expiration Date: 07/1012008
Approval Date: 07/3112003
Page 1
-J
.._
BUILDING CODE COMPLIANCE OFFICE (BCCO)
PRODUCT CONTROL DMSlON
MIAMI-DADE COUNTY, FLORIDA
MElliO-DADE FLAGLER BUll..DING
140 WEST FLAGLER STREET, SmTE 1603
MIAML FLORIDA 33130-1563
(305) 375-2901 FAX (305) 375-2908
NOTICE OF ACCEPTANCE (NOA)
Exeter Architectural Products, Inc.
243 W. Eight Street
Wyoming, P A 18644
SCOPE: This NOA is being issued under the applicable rules and regulations governing the use of construction materials. The
documentation submitted has been reviewed by Miami-Dade County Product Control Division and accepted by the Board of
Rules and Appeals (BORA) to be used in Miami Dade County and other areas where allowed by the Authority Having
Jurisdiction (AHJ).
This NOA shall not be valid after the expiration date stated below. The Miami-Dade County Product Control Division (In
Miami Dade County) and/or the AHJ (in areas other than Miami Dade County) reserve the right to have this product or
material tested for quality assurance purposes. If this . product or material fails to perform in the accepted manner, the
manufacturer will incur the expense of such testing and the AHJ may immediately revoke, modify, or suspend the use of such
product or material within their jurisdiction. BORA reserves the right to revoke this acceptance, if it is determined by Miami-
Dade County Product Control Division that this product or material fails to meet the requirements of the applicable building
code.
This product is approved as described-herein, and has been designed to comply with the High Velocity Hurricane Zone of the
Florida Building Code.
DESCRIPTION: Storm Shield Hurricane Barriers
APPROVAL DOCUMENT: Drawing No.SSHB-C-OlO last revised on 05/14/97, SSHB-C-010A dated 07/10/97, SSHB-C-
020, 020A, 030, 030A, 040 & 040A last revised on 08/08/97, SSHB-C-050, 050A, 050B, 060, 060A, 060B, 070, 070A, 070B,
080,081,082,090,091,092 & 100 last revised on 08/09/97, SSHB-C-110 last revised on 06110/97, SSHB-C-llOA dated
07/10/97, SSBH-C-1l2 last revised on 08111/97, SSHB-C-l13 last revised on 06/12/97, SSHB-C-114 dated 07/14/97 &
SSHB-C-115 dated 07/14/97 all drawings titled "Storm Shield Hurricane Barriers", prepared by Exeter Architectural
Products, Inc., signed and sealed by Thomas H. Maxwell Jr., P.E., bearing the Miami-Dade County Product Control Renewal
stamp with the Notice of Acceptance number and expiration date by the Miami-Dade County Product Control Division.
MISSll..E IMPACT RATING: Large and Small Missile Impact
LABELING: Each panel shall bear a permanent label with the manufacturer's name or logo, city, state and the following
statement: "Miami-Dade County Product Control Approved", unless otherwise noted herein.
RENEWAL of this NOA shall be considered after a renewal application has been filed and there has been no change in the
applicable building code negatively affecting the performance of this product.
TERMINATION of this NOA will occur after the expiration date or if there has been a revision or change in the materials,
use, and/or manufacture of the product or process. Misuse of this NOA as an endorsement of any product, for sales,
advertising or any other purposes shall automatically terminate this NOA. Failure to comply with any section of this NOA
shall be cause for tennination and removal ofNOA.
ADVERTISEMENT: The NOA number preceded by the words Miami-Dade County, Florida, and followed by the
expiration date may be displayed in advertising literature. If any portion of the NOA is displayed, then it shall be done in its
entirety.
INSPECTION: A copy of this entire NOA shall be provided to the user by the manufacturer or its distributors and shall be
available for inspection at the job site at the request of the Building Official.
This NOA renews NOA # 00-0508.06 and consists of this page I as well as approval document mentioned above.
The rubmitted doeumentati~n was '~on'. P.E. _
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&:: .CO, z. _
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NOA No 03-0606.04
Expiration Date: 09/11/2008
Approval Date: 09/18/2003
Pagel
Specifications Summary
Sper::ificiJt:ion Summoriu!i
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OS950
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SE:CTLON. OS_950
i NSUL.!\.n:.JdTF~f\NSLUCENT
Pj~NEL PYRAMIDl
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Sf:::CTiON OS950
----,_..~-----------
INSULATED
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TR.ANSLUCENT
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Sf\NDWICH P6NE:1.
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---~..------
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SECTION SB.B_O
INSULATED
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MASTERSPEC@.
A product of American Institute of
Architects
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file
A SUMMARY OF SPECIFICATIONS
Page 1 of3
SEQTION 08950
INSULATED
-.- ------ ----~-~----
TRANSLUCENT
----'-----.--....-..--
SANDWICH PANEL UNIT
SYSTEfvl
-----_._-------
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file
Panel Width: 4' and 5' (1220mm and 1500mm) standard. Other widths up to 5' 0" (1500mm)
are optional.
Panel Length: 3' to 20' (914mm to 6096mm) standard, 16' max. (5000mm) for skyroofs.
Panel Thickness: 2-3/4" (70mm), 1-9/16" (40mm), 1" (30mm) and 5/8" (16mm) thick glazing
panels available
Weight: 1-1/2 to 2 pounds per square foot (72 to 96 Pa/m2)
Color: Crystal, White, Optional Kal-tint Panels, translucent insulation can be virtually any color
to create dazzling results
Surface Texture: flat or pebble
Grid Pattern: 12" x 24" (300mm x 600mm), reverse, 8" x 20" (200mm x 500mm), 10" x
10" (250mm x 250mm), 12" x 12" (300mm x 300mm) Tuckerman
http://www.kalwall.com/spec.htm
4/4/2005
Specifications Summary
Page 2 0[3
Materials: FRP faces, aluminum faces, aluminum grid, composite grid, fiberglass insulation,
aluminum and thermally broken installation systems
U-Value Range: .53 to .05 (U-value SI conversion: 1.0 w/m2k=0.176 BTU/(hr / ff / AF))
Light Range: 0 to 65%
Impact Resistance: 60 fUbs. (81 J) up to South Florida Missile Impact Options
Chemical Resistance: Most anything allowed by EPA and OSHA
Weathering: Virtually no color change or maintenance, full thickness colorfast permanent
glass veil erosion barrier, fully field restorable for infinite life
Sound: Average transmitted by test, excellent performance
Fire: Exceeds all basic Codes for Plastics and optional versions meet many performance
requirements for other uses, e.g., Class A Built-up Roof and Class 1 FM Panels
Kalwall Light Transmission, Solar Heat Gain Coefficients and
U-Values
Kalwall is a composite sandwich; various combinations are possible, and test data should be
interpreted from this point of view. Consult Sales Service Department for further clarification.
Since this table is of a very technical nature, please consult your heating and ventilation
engineer for proper interpretation. Listed below are the light transmission, solar heat gain
coefficients and U-values for some Kalwall Panel face sheet combinations. Others are
available. Blue values indicate thermally broken panels.
FACE SHEET % LIGHT TRANSMISSION note 1 SKYROOF SOLAR HEAT GAIN COEFFICIENT @ WALL SOL
COMBINA TrONS 00 INCIDENT ANGLE note 3 35'
EXTERIOR INTERIOR ,53 "U" .29/23 ,22/.14 ,18/.10 0 53 "U" .29/.23 .22/.14 ,18/.10 ,05"U" D
COLOR COLOR "U" "U" "U" note 2 "U" "U" "U" note 2
note 2 note 2 note 2 note 2 note 2 note 2
Greenish White 25 14 5D 10 0.37 018 0,10 ~ 0.11 0,36 [
Blue
Aqua White :: t:::Et 17 6 4 12 0.37 0] 0.10 0.07 0.11 0.36 [
Rose ~ite 30 18 6 4 12 0.38 0.19 0,10 0,11 0.37 [
Ice Blue White 35 20 81 61 15 0.44 0,22 0,11 0.07 0.12 t 0.44
Greenish Crystal D 20 7 4 15 0.47 0.21 0,13 0,08 0,13 0.45 [
Blue
/lWhite White ~~ 20 15 8 5 12 0.30 0,16 0,09 0.061 0,0911 0.30[
IICrystal IIWhite 35 20 12 8 151 0.42/ 0,23 0.11 0,07 0,11/1 Om!
IICrystal I Crystal II 501 3011 1511 1011 2011 0,5511 0.271 0.14 0,09 0.1211 O.
U-value SI conversion: 1,0 w/m2k = 0,176 BTU/(hr.ft2.oF)
1, Approximate values by ASTM E-972, Light transmission values over 30% not recommended for most applications,
2. U-values determined by NFRC test method (ASTM C-236, E-1423 and C-1199 at certified lab), Expressed as BTU/(hr.ft2.oF) for aluminum
grid 1 thermally broken grid. nominal 12" x 24". Perimeter aluminum excluded. Test temperature at 15 mph wind (6.7 m/s): OOF (-180e) cold
side and 70aF (21'C) warm side.
http://www.kalwall.comlspec.htm
4/4/2005
Specifications Summary
Page 3 of3
3, Shading Coefficient (SC) is equal to 1,15 times the Solar Heat Gain Coefficient (SHGC).
Click
to download this table as a Microsoft Word@ document.
I R.E:CENJEJlO)E.GJS I SPECIFICATION SUMMARY I CAD DR~A.W!Ng~ I
Copyright Kalwall 2004. All Rights Reserved. All Reproduction of This WebSite and Its Content is Strictly Prohibited and Protected Under
Federal Law.
http://www.kalwall.com/spec.htm
4/4/2005
Describe the type(s) of protection that the proposed project will give-Funding for this project will provide for ] 00% of our
City Hall's second story windows having permanent wind screens installed. This building serves as our primary EOC as well as
housing our ITS, Fire Administration, Legal, Purcurement, Finance, Risk Management, and City Manager's Departments (all on second
floor). These permanent wind screens will provide for an enhanced level of window protection from flying debris and the resultant
loss of essential governmental services that wind and rain damage would cause if these windows should be breached.
Scope of Work (describe in detail, what you are planning to do)-]fthe grant award is received the City will issue competitive
bids for the purchase and installation of Dade County Approved permanent hurricane screens to be placed on the remaining
unprotected second story windows at our City Hall. A bid will be awarded and purchase order obtained to the purchase and
installation. Installation will be in accordance with our Building Department regulations, supervised by members of our Facilities
Management department. Final signoff and approvals will be obtained by our Building Inspection officials.
Describe any other on-going or proposed projects in the area that may impact, positively or negatively the proposed HMGP or
FMA project- The protection of our city's infrastructure and EOC are integral elements of our city's ability to respond to any
disaster. The loss of the city hall facilities will have a profound impact on our city's ability to provide command and control
after a significant hurricane. The loss of the building and its contents will also adversely affect the ability to provide essential
city services. Any disruption of our city hall operations has the potential to affect our entire population of 65,000 residents.
Section II. Project Location (Fully describe the location of the proposed project.)
A. Site
I. Describe the physical location of this project, including street numbers ( or neighborhoods) and zip codes; and if
available, please provide precise longitude and latitude coordinates for the site utilizing a hand-held global
positioning system (GPS) unit or the equivalent: City Hall is located in the heart of our downtown at ] 00 East
Boynton Beach Blvd. zip 33435 Geo coordinates: Lat. 26.31.43N Lon 80.03.46W
2. Title Holder: City of Bovnton Beach
3. ]s the project site seaward of the Coastal Construction Control Line (CCCL)? DYES
[gINO
4. Provide the number of each structure type (listed below) in the project area that will be affected by the project.
That is, all structures in project area.
D Residential property D Businesses/commercial property
[gI Public buildings D Schoolslhospitalslhouses ofworship
D Other
B. Flood Insurance Rate Map (FIRM) showing Project Site
r8J Attach two (2) copies of the FIRM map, a copy of the panel information from the FIRM, and, if available, the
Floodway Map. FIRM maps are required/or this application (ifpublished/or your area). Also, all attached
maps must have the project site and structures clearly marked on the map. FIRMs are typically available from
your local floodplain administrator who may be located in a planning, zoning, or engineering office. Maps can also
be ordered from the Map Service Center at 1-800-358-9616. For more information about FIRMs, contact your local
agencies or visit the FIRM site on the FEMA Web-page at http://www.fema.2ov/bome/MSC/hardcopv.htm
Using the FIRM, determine the flood zone(s) of the project site (Check all zones in the project area).
(see FIRM legend for flood zone explanations) (A Zone must be identified)
D VE or V ]-30 D AE or A 1-30
D AO or AH 0 A (no base flood elevation given)
0 B or X (shaded) r8J C or X (unshaded)
D F100dway
D Coastal Barrier Resource Act (CBRA) Zone (Federal regulations strictly limit Federal funding for projects in
this Zone; please coordinate with your state agency before submitting an application for a CBRA Zone project).
4
Attach any continuations or additional items to this page
(Form No. HMGP/FMA-OOI, Etf, 10/30/04)
Page 4 of 27
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o If the FIRM Map for your area is not published, please attach a copy of the Flood Hazard Boundary Map (FHBM)
for your area, with the project site and structures clearly marked on the map.
5
Attach any continuations or additional items to this page
(Form No. HMGPIFMA-OOI, ElI 10/30/04)
Page 5 of 27
C. City or County Map with Project Site and Photographs
[8J Attach a copy of a city or county scale map (large enough to show the entire project area) with the project
site and structures marked on the map.
[8J Attach a USGS 1:24,000 TOPO map with project site clearly marked on the map.
D For acquisition or elevation projects, include copy of Parcel Map (Tax Map, Property Identification Map,
etc.) showing each property to be acquired. The map should include the Tax ID numbers for each parcel, if
possible.
[8J Attach photographs (at a minimum 2 photographs) for each project site per application. The photographs should
be representative of the project area, including any relevant streams, creeks, rivers, etc. and drainage areas,
which affect the project site or will be affected by the project. For each structure, please include the following
angles: front, back and both sides.
Section III.
Budget/Costs
In this section, provide details of all the estimated costs of the project. As this information is used for the Benefit-Cost Analysis,
reasonable cost estimates are essential. Since project administrative costs are calculated on a sliding scale, do not include them in the
budget. Also, do not include contingency costs in the budget.
A. Materials
Dimension
Cost er Unit
B. Labor (Include equipment costs -- please indicate all "soft" or in-kind matches)
DescrlDtlOn
Soan beams/soeclal attacbments IDstallatlOn
Sneclal bardware IDstallatJon
Kxtenor covennl!S IDstalled
Hours
Rate
Cost
J.M7U
I .U:l 'J
''{lA
C. Fees Paid
Hours
Rate
Cost
fees
6
Attach any continuations or additional items to this page
(Fonn No. HMGP/FMA-OOJ, Eff. 10/30/04)
Page 6 of 27
Total Estimated Project Cost $] 83 ]] 5 *** Please see attached cost estmate
7
Attach any continuations or additional items to this page
(Fonn No. HMGP/FMA-OOJ, Eff, 10/30/04)
Page 7 of 27
hpi
Hurricane Protection Industries
11850 Miramar Parkway
Miramar, FL 33025
954-392-7933
954-392-7356 fax
toml@hDiworldwide.com
Contact: Tom Llerena
City of Boynton Beach, Florida - Balance of City Hall Municipal Complex
2nd Floor Designated Opening(s) Hazard Mitigation Budget Proposal
Summary of Proposed Project Elements
Matenals Labor
Span Beams/Special
attachments (Overcome $ 17 .767 $ 3,870 Exeter Hurricane Barriers
Existing Building
Construction Issues)
Special Engineering/Permits $ 8,693 Opening Quantity Width Height
Special Hardware $ 4,575 $ 1,029 1 65 57
Insurance and Bonds $ 4,484 1 27 69
Quantity of Accordion nfa 2 69 53
Openings South Side Areas
Sq. Feet, Accordions nfa East of Maintainance 3 102 52
Cost of Accordions n/a $ $ - 1 122 51
IInstalled\ -
Quantity of Exeter Openings 41 4 82 72
Sq. Feet, Exeter 3276 Fire Dept. 1 94 79
Cost of Exeter (Installed) $ 96,155 $ 39,314 3 86 75
Quantity of Roll-Down n/a 1 84 121
Openings
Sq. Feet, Roll-Downs n/a 1 342 73
Cost of Roll-Downs $ $ 1 210 72
(Installed) - -
Electric Components and n/a North Side Areas 1 121 108
connection(s) for Roll-Downs
1 170 72
F reightIT ransportation $ 3,569 1 112 72
1 126 72
1 69 80
3 82 110
1 220 74
West Wing Areas on 1 208 84
North Side
3 210 74
2 240 74
South Side Areas 1 210 74
1 460 74
1 200 74
East Side Areas 1 220 74
1 84 74
2 94 81
Miscellaneous Rental of
Storage Containers, Trash
Dumpsters, Lift and TOTAL NUMBER OF
Unloading Equipment. $ 3,658 AREAS 41
including related
delivery/pick-up fees and
taxes:
Sub-Total $'s $ 138,900 $ 44,214
Total Project Cost: $ 183,115
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Date March. 2005
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City Hall North Side
City Hall South Side
City of Boynton Beach - HMGP April 2005
City Hall West Side
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Window covering from pilot shutter project
D. Funding Sources (round figures to the nearest dollar)
The maximum FEMA share for HMGPIFMA projects is 75%. The other 25% can be made up of State and Local funds as well as in-
kind services. Moreover, the FMA program requires that the maximum in-kind match be no more than 12.5% of the total project costs.
HMGPIFMA funds may be packaged with other Federal funds, but other Federal funds (except for Federal funds which lose their
Federal identity at the State level - such as CDBG, ARS, HOME) may not be used for the State or Local match.
Estimated FEMA Share
$13733675% of Total (maximum of75%)
Non-Federal Share
Estimated Local Share
$45779 25% of Total (Cash)
$_ _% of Total (In-kind*)
$ _% of Total (Global Match**)
Other Agency Share
$_ _% of Total
(IdentifY Other Non-Federal Agency and availability date: _)
Total Funding sources from above
$183115
100Total % (should equal 100%)
Other Non-FEMA Federal Funds $_ (Do not include in total)
(IdentifY Other Federal Agency: _)
*ldentifY proposed eligible activities directly related to project to be considered for In-kind services. (Note on Page 4 Section B)
**Separate project application must be submitted for each Global Match project.
E. Project Milestones/Schedule of Work
List the major milestones in this project by providing an estimated time-line for the critical activities not to exceed a period of 3 years
for performance. (e.g. Designing, Engineering, Permitting, etc.)
Milestone
Number of Davs to Complete
r Ex., Demolition of 6 structures and removal of debris 14 days 1
Execute contract with Dept. Of Community Affairs (FEMA) 90 days
Prepare competive bid process for purchase & installation 30 days
A ward of purchase & installation contract I 0 days
Verify field dimensions for fabrication and Engineering review 10 days
Site specific engineerinJ!: submittal & order materials I 0 days
Company fabricates, obtain permits, recv. materials 35 days
Installation 2 I days
Punch-out & final inspection I 0 days
Submit project close out 14 days
Submit reimbursement request 14 days
8
Attach any continuations or additional items to this page
(Fonn No. HMGP/FMA-OOJ, Eff. 10/30/04)
Page 8 of 27
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Section IV.
Environmental Review and Historic Preservation Compliance
(NOTE: This application cannot be processed if this section is not completed.)
Because the HMGPIFMA are federally funded programs, all projects are required to undergo an environmental and historic preservation
review as part of the grant application process. Moreover, all projects must comply with the National Environmental Policy Act
(NEPA) and associated Federal, State, Tribal, and Local statutes to obtain funding. NO WORK can be done prior to the NEPA
review process. If work is done on your proposed project before the NEP A review is completed, it will NOT be eligible for
Federal funding.
I. The following information is required for the Environmental and Historic Preservation review:
All projects must have adequate documentation to determine if the proposed project complies with NEP A and associated statutes. The
State Environmental Staff provide comprehensive NEP A technical assistance for Applicants, with their consent, to complete the NEP A
review. The type and quantity ofNEP A documents required to make this determination varies depending upon the project's size, location,
and complexity. However, at a minimum, please provide the applicable documentationfrom this section to facilitate the NEP A compliance
process.
[8] Detailed project description, scope of work, and budget/costs (Section I (p. 2) and Section III (p. 5) of this application).
[8] Project area maps (Section II, part B & C of this application (pp. 3-4)).
[8] Project area/structure photographs (Section II, part C of this application (p. 4)).
D Preliminary project plans.
[8] Project alternatives description and impacts (Section IV ofthe application (pp. 6-8)).
[8] Please complete the applicable project worksheets. Dates of construction are required for all structures.
[8] Provide any applicable information or documentation referenced on the Information and Documentation Requirements by
Project Type (page 9 ofthis application).
2. Alternative Actions
The NEP A process requires that at least two alternative actions be considered that address the same problem/issue as the proposed
project. In this section, list two feasible alternative projects to mitigate the hazards faced in the project area. One alternative is the
"No Action Alternative".
1. No Action Alternative
Discuss the impacts on the project area if no action is taken.
In the event that the City of Boynton Beach chooses to take no action to remedy this problem, the following scenario is a reasonable
expectation:
During a significant hurricane, a breach in any of the second floor windows, secondary to wind velocity or debris penetrating the
window, would result in allowing hurricane strength winds to enter the building. It is well documented that these types of window
breaches can result in the loss of the structure's roof secondary to increased air pressures within the building. The loss of any portion
ofthe building's roofwouId have a catastrophic effect on the level of damage the building and its contents. Given the nature ofthe
contents ofthe building; computers and servers, communications equipment, business machines and files, the loss of the roofwould
virtually assure the total destruction of the building contents. Even if the roof was to remain intact, the water damage from the
tropical rains entering into the building from the missing window(s) would cause significant damage. The loss of this critical city
infrastructure facility would have a major effect on our city's ability to respond to the emergency needs of the public after a
significant hurricane.
9
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(Fonn No. HMGP/FMA-OOJ, Eff. 10/30/04)
Page 9 of 27
Section IV. Environmental Review;
Alternative Actions, continued
2. Other Feasible Alternative
Discuss a feasible alternative to the proposed project. This could be an entirely different mitigation method or a significant
modification to the design ofthe current proposed project. Complete all of parts a-e (below) and include engineering details
(if app licab Ie).
a. Project Description for the Alternative
Describe, in detail, the alternative project. Also, explain how the alternative project will solve the problem(s) and/or
provide protection from the hazard(s).
In the event the City chooses to manually install shutters on the second floor of City Hall the task would include assigning
six (6) Building Maintenance Mechanics from the Facilities Management Division. A mechanical lift would need to be
rented to assist with this task. Shutters would be installed on the outside of all windows in the East Wing, City Hall Main
Building and West Wing. This task would take approximately I O-hours to complete. Once all shutters are in place then the
window's would be protected from limited wind velocity and flying debris.
Some of the problems that could occur if shutters are manually installed on the second story of City Hall include; taking
away stafftime to prepare other City buildings, high overtime costs and safety hazards related to working on a lift, installing
shutters in breezy/windy conditions and possibly deep cuts to hands caused from handling sharp shutters.
b. Project Location ofthe Alternative (describe briefly)
[8J Attach a map or diagram showing the alternative site in relation to the proposed project site
[8J Photographs (2 copies) of alternative site
Attached.
c. Scope of Work for Alternative Project
A. Rent Lift
B. Assign six (6) employees to install shutters to second floor windows
C. Remove shutters from storage
D. Inventory all shutter hardware
E. Purchase additional shutter hardware
F. Go to City Hall and begin placement of shutters
G. After storm, remove shutters.
This process would be repeated as many times as necessary throughout the hurricane season, it would not be safe
to leave the shutters on the windows with people working in the building. This adds substantially to the overall
cost.
10
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(Form No. HMGP/FMA-OOI, Eff. 10/30/04)
Page 10 of 27
Section IV.
Environmental Review;
Alternative Actions, continued
d. Impacts of Alternative Project
Below, discuss the impact of this alternative on the project area. Include comments on these issues as appropriate:
Environmental Justice, Endangered Species, Wetlands, Hydrology (Upstream and Downstream surface water
Impacts), FloodplainIFloodway, Historic Preservation and Hazardous Materials.
None.
e. Estimated Budget/Costs for Alternative Project
In this section, provide details of all the estimated costs of the alternative project (round figures to the nearest dollar).
1. Materials
Item Dimension ( uantifl, Cost er Unit Cost
1 ead Anchors fj pac kae:es . ea $3 15.UU
tlolts /) Pac ka{!es . ea $3 l5.UU
WID!! Nuts /) Pac ka{!es . ea )J 15.uU
2. Labor (Include equipment costs -- please indicate all "soft" or in-kind matches)
D H Rt C
escrmtlOn ours ae os
We ~Idg. MalDt. 10 $1 7.00/hr Av!!. $1.020.00
echs.
3. Fees Paid Include any other costs associated with the project.
Descrivtion of Task Hours Rate Cost
Ken tal 01 un $360.00/dav $360.00
truck 10
Total Estimated Project Cost $_2,010.00 per stonn_
11
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(Form No. HMGP/FMA-OOt, Eff. 10/30/04)
Page I I of 27
.!!2)ors, Debbie
From:
Sent:
To:
Subject:
Roberts, Christine
Monday, April 04, 2005 2:25 PM
Majors, Debbie
Shutter Grant Info
Hi Debbie -
Listed below is the information you requested regarding the shutter grant. I thought I'd let you enter the text into the actual
grant application, feel free to change my text. I also have included an attachment showing our square footage report and
Larry Koerner is working on documents showing when City Hall was originally built, remodeled and something showing the
wind load for the kalwal. Larry has a call in to Don Johnson hoping he can help locate this information (this could be
difficult to obtain). Larry did find drawings of the remodel of City Hall which was done in 1987, he will be providing a
reduced copy of the architect drawings showing the date.
Let me know if you have any questions or need anything else.
In
Inventory -
Facilities.xls
2.A. In the event the City chooses to manually install shutters on the second floor of City Hall the task would include
assigning six (6) Building Maintenance Mechanics from the Facilities Management Division. A mechanical lift would need
to be rented to assist with this task. Shutters would be installed on the outside of all windows in the East Wing, City Hall
Main Building and West Wing. This task would take approximately 10-hours to complete. Once all shutters are in place
then the window's would be protected from limited wind velocity and flying debris.
Some of the problems that could occur if shutters are manually installed on the second story of City Hall include; taking
away staff time to prepare other City buildings, high overtime costs and safety hazards related to working on a lift, installing
shutters in breezy/windy conditions and possibly deep cuts to hands caused from handling sharp shutters.
2.C. Scope of Work for Alternate Proiect
A. Rent Lift
B. Assign six (6) employees to install shutters to second floor windows
C. Remove shutters from storage
D. Inventory all shutter hardware
E. Purchase additional shutter hardware
F. Go to City Hall and begin placement of shutters
G. After storm, remove shutters
Materials
Item Dimension Quantity Cost Per Unit Cost
Lead Anchors N/A 35 Packages $9.00/ea $315
Bolts N/A 35 Packages $9.00/ea $315
Wing Nuts N/A 35 Packages $9.00/ea $315
Labor
Description Hours Rate Cost
Six (6) Bldg.Maint.Mechs. 10 $17.00 Avg. $1,020
Fees Paid
Desc. of Task Hours Rate Cost
Rental of Lift Truck 10 $360/Day $360
1
HMGPIFMA ENVIRONMENTAL REVIEW
lnformation and Documentation Requirements by Project Type
Retrofits to Existing Facilities/Structures
Elevations
Acquisitions with Demolition
./ Dates of Construction
./ Concurrence from State Historic Preservation Officer if structure is 50 years or
older or if work to be done is outside the existing footprint.
Drainage Improvements
./ Engineering plans/drawings
./ Permit or Exemption letter to address any modifications to water bodies and
wetlands
o Department of Environmental Protection
o Water Management District
o U.S. Army Corps of Engineers
./ Letter from State Historic Preservation Office addressing archeological impacts.
./ Concurrence from U.s. fish and Wildlife addressing any impacts to wildlife,
particularly endangered and threatened species and their habitats.
./ If the project is in coastal area, attach a letter from the National Marine fisheries
Service addressing impacts to marine resources.
./ Concurrence from Natural Resource Conservation Service if project is located
outside city limits and may impact prime or unique farmland.
Note: This is a general guideline for most projects. However, there will be exceptions.
Consult with environmental staff on project types not listed.
12
Page 12 of 27
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(Fonn No. HMGP/FMA-OOI, Eff. 10/30/04
Section v.
Maintenance Agreement
All applicants whose proposed project involves the retrofit or modification of existing public property or
whose proposed project would result in the public ownership or management of property, structures, or
facilities, must first sign the following agreement prior to submitting their application to FEMA.
(NOTE: Those applicants whose project only involves the retrofitting, elevation, or other modification to
private property where the ownership will remain private after project completion DO NOT have to complete
this form.)
The Q!yofBovnton Beach, State of Florida, hereby agrees that
(City, Town, County)
if it receives any Federal aid as a result of the attached project application, it will accept responsibility, at its own
expense if necessary, for the routine maintenance of any real property, structures, or facilities acquired or
constructed as a result of such Federal aid. Routine maintenance shall include, but not be limited to, such
responsibilities as keeping vacant land clear of debris, ~arbage, and vermin; keeping stream channels, culverts, and
storm drains clear of obstructions and debris; and keepmg detention ponds free of debris, trees, and woody growth.
The purpose of this agreement is to make clear the Subgrantee's maintenance responsibilities following project
award and to show the Subgrantee's acceptance of these responsibilities. It does not replace, supercede, or add to
any other maintenance responsibilities imposed by Federal law or regulation and which are in force on the date of
project award.
Signed by _the duly authorized representative
(printed or typed name of signing official)
(title)
this _ (day) of _ (month), _ (year).
Signature*
*Please note: The above signature must be by an individual with legal signing authority for the
respective local government or county (e.g., the Chairperson, Board of County Commissioners or the
County Manager, etc.)
13
Page 13 of 27
Attach any continuations or additional items to this page
(Fonn No. HMGP/FMA-OOJ, Eff. 10/30104)
Wind Retrofit Worksheet - HMGP only
WIND RETROFIT PROJECTS ONL Y
Please fill out this worksheet completely. A separate worksheet is required for each structure to be wind retrofitted.
IZl Attach photographs (two copies) of each side of the building to be retrofitted.
IZl Provide evidence that the shutter system complies with the Dade County Specifications. The best evidence of this is a
certificate issued by the Dade County Building Department stating that the proposed shutter products have been tested,
approved, and comply with the Dade County Specifications. Non-certified shutters or products cannot be used.
Fill out the table below.
I A. Project Information
t B. Building Data
(1) Select Building Type
D Non-Engineered Wood - Wood buildings do not receive specific engineering attention. Examples include
single and multi-family residences, some one- or two- story apartment units, and some small commercial buildings.
D Non-Engineered Masonry - These masonry buildings do not receive spccific engineering attention. Examples
include single and multi-family residences, some one- or two- story apartment units, and some small commercial
buildings.
D Manufactured Building - These buildings are typically light metal structures or manufactured housing units
(e.g., mobile homes). Manufactured buildings are produced in large numbers of identical or similar units.
IZl Lightly Engineered - These buildings may combine masonry with steel framing, open-web steel joists, wood
framing, and wood rafters. Some parts of the building receive engineering attention while others do not. Examples
include motels, commercial, and light industrial buildings.
D Fully Engineered - Usualty these buildings are designed for a specific site and thus receive specific,
individualized design attention from professional architects and engineers. Examples include high-rise office and
hotel buildings, hospitals, and most public buildings.
D Other - These buildings do not fit into any of the descriptions listed above.
(5) Historic Building Controls No
(6) Disaster Number
23
Page 23 of 27
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(Fonn No. HMGP/FMA-OOI, Eff.10/30/04)
Wind Retrofit Worksheet - HMGP only
I C. Building Size and Use
WIND RETROFIT PROJECTS ONL Y
I D. Building Value
I F. Displacement Costs Due to Wind
(1) Rental Cost of Temporary Building Space ($/sfi'month)
(2) Other Displacement Costs ($/month)
I G. Value of Public Non-Profit Service
$1.00 sq/ft
(I) Description of Services Provided
City Hall provides leadership for entire city, EOC provides
command and control for disaster recovery
(3) Post Disaster Continuity Premium ($/day)
I H. Rent and Business Income
(1) Total Monthly Rent from all Tenants ($/month) $0.00
(2) Estimated Net Income of Commercial Businesses ($/month) $0.00
I I. Mitigation Project Data
24 Page 24 of 27
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I J. Temporary Relocation Costs I
(I) Relocation Time Due to Project (months) 24 months
(2) Rental Cost During Occupant Relocation ($/month) $69, 862.00/month
(3) Other Relocation Costs ($/month) $5,000.00/month
Wind Retrofit Worksheet - HMGP only
WIND RETROFIT PROJECTS ONL Y
25
Page 25 of 27
(Form No. HMGP/FMA-OOI, Eff.J0/30/04)
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CITY OF BOYNTON BEACH
2004-05 General Operating Budget
for affected areas only
City Manager
City Hall
City Commission
Public Affairs
Rec. & Parks Admin.
Fire Administration
Org & Str Development
Neighborhood Sevices
City Clerk
Finance
ITS
GIS
Human Resources
Communications
City Attorney
Planning & Zoning
Development
Building
Occupational License
Engineering
Total for HMGP City Hall Wind Retrofit areas only
$471,085.00
$5,333,811.00
$539,863.00
$170,169.00
$328,064.00
$967,229.00
$254,708.00
$198,480.00
$427,133.00
$1,053,623.00
$1,663,998.00
$503,598.00
$637,054.00
$1,600,256.00
$572,259.00
$773,742.00
$324,960.00
$1,465,200.00
$201,926.00
$833,956.00
$18,321,114.00
VI.-CONSENT AGENDA
ITEM I.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon)
~ April 19, 2005 April 4, 2005 (Noon) D June21,2005 June 6, 2005 (Noon)
D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF ~ Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Award contract to Demolition Contractor Frederico, Inc. of Delray Beach in the amount of
$336,800 for the demolition of all structures at the Boynton Terrace Apartment Complex. They are currently on the Palm
Beach County School Board contract through September 17,2005. Work is for demolition of structures at Boynton Terrace.
The CRA is reviewing a revision to an Intra-Local Agreement for the cost of the demolition at their meeting of April 12,
2005. This item has been placed on the agenda pending approval of that agreement. The agreement, if approved by the CRA
will be presented at the pre-agenda meeting on Friday, April 15, 2005.
EXPLANATION: In January 2005, the Building Official declared the buildings at Boynton Terrace to be a nuisance and
provided the property owners notice to abate the nuisance. In the interim the City provided a relocation program for tenants of
the complex who were evacuated due to poor building conditions. This relocation program was successful and involved a
major effort by City even though the City was not legally responsible for the relocation.
To date, the property owner has not responded to the request to either rehabilitate the structures or demolish them. The
property owner's management firm has boarded up the units. However, a number of units have been broken into and
vandalized leaving a danger of fire or accident on the property,
PROGRAM IMPACT: The demolition of the structures will remove a blighting influence on the neighborhood and
eliminate a safety hazard to the public and emergency personnel.
FISCAL IMP ACT: Fredericio Inc. bid to completely demolish and clear the land containing the Boynton Terrace buildings
is $336,800.00. The contract is a "piggy back" contract with the Palm Beach County School Board. The City has used this
contractor in the past for other building demolition work and has been satisfied with the quality of work and restoration of
property. The funding for the demolition will come from the CRA pursuant to the terms of an intralocal agreement. The cost
ofthe demolition will be a lien on the property, subject to collection by foreclosure action or recovery from re-development.
ALTERNATIVES: Do not demolish the structures at Boynton Terrace at this time and pursue legal action to require the
property owners to abate the nuisance on the property.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Department Head's Signature
~i~~
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
~
VIII.-PUBLIC HEARING
ITEM A.
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
0 April 5,2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon)
~ April 19, 2005 April 4,2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2,2005 (Noon) 0 July 19, 2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing ~ Legal
0 Bids 0 UnfInished Business
0 Announcement 0 Presentation ("')
0 ,-) ':-") --j
City Manager's Report :_'1 ."'"1-'''
:=
lJ "":-7'"'
RECOMMENDATION: Please place this request on the April 19, 2005 City Commission Agenda as ~ed ai~
April 5, 2005 meeting, under Public Hearing and Legal, Ordinance - First Reading. This delay in its review will ~ow i~:~;
agenda placement to coincide with the review of the corresponding site plan and height exception to be forwarded from~c~
Community Redevelopment Agency. For further details pertaining to the request, see attached Department ofDevaopriJ:e1!.t~
Memorandum No. PZ 05-016. N:;::::
.. ,.....m
. ..: rTl
N .'~~) ~~
j11n
:::::
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Lofts (LUAR 05-003)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Louis F. Mascia/Boynton Motel LLC
623 South Federal Highway
Request to amend the Future Land Use designation from Local Retail
Commercial (LRC) to Mixed Use (MX); and
Request to rezone from Community Commercial (C-3) to Mixed-Use Low (MU-L).
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
City Manager's Signature
Develop
h-fJ[~
Planning an onmg DIrector City Attorney / Fmance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\8oynton Lofts\LUAR 05-003\Agenda Item Request Boynton Beach Lofts 2nd readingLUAR 05-003 4-19-05.dot
S:\8ULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 05- 0'<1
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE
5 89-38 BY AMENDING THE FUTURE LAND USE
6 ELEMENT OF THE COMPREHENSIVE PLAN
7 FOR A PARCEL OWNED BY LOUIS F.
8 MASCIAJBOYNTON MOTEL, LLC., AND
9 LOCATED AT 623 SOUTH FEDERAL
10 HIGHWAY; CHANGING THE LAND USE
11 DESIGNATION FROM LOCAL RETAIL
12 COMMERCIAL (LRC) TO MIXED USE (MX);
13 PROVIDING FOR CONFLICTS, SEVERABILITY,
14 AND AN EFFECTIVE DATE.
15
16 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has
1 7 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land
18 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local
19 Government Comprehensive Planning Act; and
20 WHEREAS, the procedure for amendment of a Future Land Use Element of a
21 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed;
22 and
23 WHEREAS, after two (2) public hearings the City Commission acting in its
24 dual capacity as Local Planning Agency and City Commission finds that the
25 amendment hereinafter set forth is consistent with the City's adopted Comprehensive
26 Plan and deems it in the best interest of the inhabitants of said City to amend the
27 aforesaid Element of the Comprehensive Plan as provided.
28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
30 Section I: The foregoing WHEREAS clauses are true and correct and
S:\CA\Ordinances\Planning\Land Use\Boynton Lofts.doc
1 incorporated herein by this reference.
2
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
3 following:
4 That the Future Land Use of the following described land located at 623 South
5 Federal Highway in Boynton Beach, Florida shall be changed from Local Retail
6 Commercial (LRC) and shall now be designated as Mixed Use (MX):
7 Lots 5,6, 7 and 8, less that portion of Lots 7 and 8, conveyed to the State of
8 Florida for road right of way, Block C, PENCE SUBDIVISION NO.2,
9 according to the Plat thereof on file in the office of the Clerk of the Circuit
10 Court in and for Palm Beach County, Florida, recorded in Plat Book I, Page
11 33.
12
13 Subject to easements, restrictions, reservation and rights of way of record.
14
15
16 Section 3: That any maps adopted in accordance with the Future Land Use Element
17 of the Future Land Use Plan shall be amended accordingly.
18 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
19 repealed.
20 Section 5: Should any section or provision of this Ordinance or any portion thereof
21 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
22 the remainder of this Ordinance.
23 Section 6: This Ordinance shall take effect on adoption, subject to the review,
24 challenge, or appeal provisions provided by the Florida Local Government Comprehensive
25 Planning and Land Development Regulation Act. No party shall be vested of any right by
26 virtue ofthe adoption of this Ordinance until all statutory required review is complete and
27 all legal challenges, including appeals, are exhausted. In the event that the effective date is
28 established by state law or special act, the provisions of state act shall control.
S:\CA\Ordinances\Planning\Land Use\Boynton Lofts.doc
1 FIRST READING this 5 day of ~ ' 2005.
2 SECOND, FINAL READING and PASSAGE this _ day of
3 2005.
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2 0 ATTEST:
21
22
23 City Clerk
24
25 (Corporate Seal)
26
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\Planning\Land Use\Boynton Lofts.doc
1
2
3
4
5
ORDINANCE NO. os-oao
6
7
8
9
10
11
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING THE
APPLICATION OF JAMES A. SERIFERT OF
ADDISON PROPERTIES OF SOUTH FLORIDA
INCORPORATED, AMENDING ORDINANCE 02-013
TO REZONE A PARCEL OF LAND LOCATED AT
623 SOUTH FEDERAL HIGHWAY, BOYNTON
BEACH, FLORIDA, FROM COMMUNITY
COMMERCIAL (C-3) TO MIXED USE-LOW (MU-L);
PROVIDING FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTIVE DATE.
12
13
14
15
16
17
18
19 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
20 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for
21 said City; and
22 WHEREAS, Mr. Louis F. Mascia! Boynton Motel, LLC., owner of the
23 property located at 623 South Federal Highway in Boynton Beach, Florida, as more
24 particularly described hereinafter, has heretofore filed a Petition, through its agent,
25 James A. Seifert of Addison Properties of South Florida, Incorporated, pursuant to
26 Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton
27 Beach, Florida, for the purpose of rezoning a parcel of land, said land being more
28 particularly described hereinafter, from Community Commercial (C-3) to Mixed
29 Use-Low (MU-L); and
3 0 WHEREAS, the City Commission conducted a public hearing and heard
31 testimony and received evidence which the Commission finds supports a rezoning
S:\CA\Ordinances\PlanninglRezoninglRezoning - Boynton Lofts Property. doc
1 for the property hereinafter described; and
2 WHEREAS, the City Commission finds that the proposed rezomng IS
3 consistent with an amendment to the Land Use which was contemporaneously
4 considered and approved at the public hearing heretofore referenced; and
5 WHEREAS, the City Commission deems it in the best interests of the
6 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter
7 set forth.
8
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
9 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
10
Section 1.
The foregoing Whereas clauses are true and correct and
11 incorporated herein by this reference.
12
Section 2.
The following described land, located at 623 South Federal
13 Highway in the City of Boynton Beach, Florida, as set forth as follows:
14
15 Lots 5, 6, 7 and 8, less that portion of Lots 7 and 8, conveyed to the
16 State of Florida for road right of way, Block C, PENCE
1 7 SUBDIVISION NO.2, according to the Plat thereof on file in the
18 office of the Clerk of the Circuit Court in and for Palm Beach
19 County, Florida, recorded in Plat Book 1, Page 33.
20
21 be and the same is hereby rezoned from Community Commercial (C-3) to Mixed Use-
22 Low (MU-L). A location map is attached hereto as Exhibit "A" and made a part of this
23 Ordinance by reference.
24 Section 4. That the aforesaid Revised Zoning Map of the City shall be amended
25 accordingly.
26 Section 5. All ordinances or parts of ordinances in conflict herewith are hereby
S:\CA \Ordinances\Planning\Rezoning\Rezoning - Boynton Lofts Property.doc
1 repealed.
2 Section 6. Should any section or provision of this Ordinance or any portion
3 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall
4 not affect the remainder of this Ordinance.
5 Section 7. This ordinance shall become effective immediately upon passage.
FIRST READING this 5 day of (~~
,2005.
6
7
SECOND, FINAL READING and PASSAGE this _ day of _
, 2005.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 ATTEST:
25
26
27 City Clerk
28
29 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\Planning\Rezoning\Rezoning - Boynton Lofts Property. doc
DEVELOPMENT DEPARTMENT
PLANNING Ie. ZONING DMSION
MEMORANDUM NO. PZ 05-016
TO:
Chair and Members
Community Redevelopment Agency Board and City Commission
Eric Lee Johnson, AICP ~
Planner U
Michael W. Rumpf
Director of Planning and Zoning
FROM:
THROUGH:
DATE:
PROJEcr NAME /
NUMBER:
February 1, 2005
Boynton Beach Lofts
LUAR 05-003
PROJECT DESCRIPnON
Applicant: Mr. James A. Seifert / Addison Properties of South Florida,
Incorporated
Agent: Mr. Bradley D. Miller, AICP / Miller Land Planning
Consultants, Incorporated
Owner: Mr. Louis F. Mascia / Boynton Motel, LLC.
Location: 623 South Federal Highway
File No: Land Use Amendment / Rezoning (LUAR 05-003)
Property Description: Partially developed property consisting of two (2) lots
totaling 1.21 acres, classified Local Retail Commercial
(LRC) land use and zoned Community Commercial (C-3).
Proposed Change/use: To reclassify the subject property from Local Retail
Commercial (LRC) to Mixed Use (MX) and rezone from
Community Commercial (C-3) to Mixed Use-Low (MU-L)
Adjacent Land Uses and Zoning:
North: Vacant commercial property classified Local Retail Commercial (LRC) land use
and zoned Community Commercial (C-3);
South: Developed commercial properties (offices) classified Local Retail Commercial
(LRC) land use and zoned Community Commercial (C-3);
Page 2
File Number: lUAR 05-003
Boynton lofts
East: Developed multi-family residential (Sterling Village) classified High Density
Residential (HDR) land use and zoned Multi-family Residential (R-3);
West: Recreation space (Pence Park) classified Recreational (R) land use and zoned
Recreation (REe).
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment / rezoning for the
following reasons:
1. The requested land use and zoning are consistent with the Comprehensive Plan
and the Federal Highway Corridor Redevelopment Plan;
2. Adequate public facilities and infrastructure are in place and / or is anticipated in
the future to serve the subject site and its corresponding project;
3. The requested change would help to further provide an economic contribution to
both the neighborhood and to the City.
PROPERTY OWNER NOnFICAnON
Owners of properties within 400 feet of the subject conditional use were mailed a notice
of this request and its respective hearing dates. The applicant certifies that they posted
signage and mailed notices in accordance with Ordinance No. 04-007.
PROJECT ANALYSIS
A future land use map amendment can be defined as a change to the City's
Comprehensive Plan that seeks to modify the text of the adopted goals, objectives, and
or policies contained within the Plan. Also, an amendment can be described as a
change to the Future Land Use Map, which in turn, could change the list of permitted,
conditional, or prohibited uses. Amendments to the Comprehensive Plan are divided
into two (2) separate processes, namely large-scale and small-scale amendments. The
applicable process is determined by the size of the parcel with the threshold being 10-
acres. Also, if the amendment involves a residential land use, the density must be 10
dwelling units or less per acre. However, an exception to the density limitation Is
permitted if the property Is in an area designated in the comprehensive plan for urban
infill, urban redevelopment or downtown revitalization. According. to the survey, the
subject property totals 1.21 acres and Is located in an area designated for urban
redevelopment. Therefore, the subject request qualifies as a "small-scale" land use
amendment. Small-scale text and map amendments do not require the State of
FlOrida's Department of Community Affairs (DCA) to review for compliance with state
and regional plans prior to Its adoption by the City. This means that the proposed
amendment, If desired by the city, would be adopted first, and then subsequently
forwarded to the DCA for their records (generally "large-scale" amendments are not
adopted until found to be "in compliance" by the DCA). Where a rezoning application
Page 3
File Number: LUAR 05-003
Boynton Lofts
would occur pursuant to an amendment to the Future Land Use Map, such as with this
application, the two (2) applications shall be processed simultaneously as a single
application. Therefore, "rezoning" shall be construed to include a "future land use map
amendment". The proposed small-scale amendment / rezoning application is being
reviewed concurrently with an accompanying request for site plan approval (NWSP 05-
008).
The eight criteria used to review Comprehensive Plan amendments and rezonings are
listed in Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive
Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis
when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed land use amendment / rezoning would be
consistent with applicable comprehensive plan policies including but not
limited to, a prohibition against any increase in dwelling unit density
exceeding 50 in the hurricane evacuation zone without written approval 0'
the Palm Beach County Emergency Planning Division and the City's risk
manager. 771e planning department shall also recommend limitations or
requirements, which would have to be imposed on subsequent
development 0' the property, in order to comply with polides contained in
the comprehensive plan.
The applicant proposes to develop the property with a mixed-use residential/retail /
office building. The project proposes a total of 48 dwelling units, which is under the 50
dwelling unit threshold outlined in Policy 1.12.1. Also, the subject property is located on
the west side of Federal Highway, which is outside the evacuation zone, and therefore
not subject to Palm Beach County Emergency Planning Division review and approval.
Policy 1.13.3 states, "the City shall continue to encourage inti/! development and
redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopment
Master Plan, and the policies contained in the Coastal Management Element"
On May 15, 2001, the City Commission approved the implementation of the Federal
Highway Corridor Community Redevelopment Plan and the Mixed-Use Low zoning
category. This plan was created as one of the redevelopment plans recommended by
the Boynton Beach 20/20 Redevelopment Master Plan. The subject property is located
within the boundaries of Federal Highway Corridor Study Area IV. The Study Area
allows for the Mixed-Use land use designation and Mixed-Use Low zoning category. The
property owner's intent is a proposed mix of uses (residential, retail, office), all of which
would be permitted in the Mixed Use-Low zoning district.
b. Whether the proposed rezoning would be contrary to the established land
use pattem, or would create an isolated district unrelated to adjacent and
nearby districts, or would constitute a grant 0' special priVilege to an
Individual property owner as contrasted with the protection 0' the public
welFare.
Page 4
File Number: LUAR 05-003
Boynton Lofts
Parcels that front on the west side of Federal Highway In this portion of the Federal
Highway Corridor are generally designated with the Local Retail Commercial (LRC) land
use classification and zoned Community Commercial (C-3). On the east side of Federal
Highway, the predominant land use near the subject property is generally residential
with varying densities (i.e. High Density Residential, Low Density Residential) and their
corresponding zoning districts (Multi-family Residential, R-1-AA). In fact, High Density
Residential (HDR) land use and Multi-family Residential (R-3) zoning is designated for
the multi-family complex (Sterling Village) directly east of the subject property at a
density of 18.6 dwelling units per acre with a total of 840 units.
In the future, staff anticipates that where eligible, property owners located within the
boundaries of the Community Redevelopment Agency area would eventually request
zoning changes in favor of the Mixed-Use Low district when the market demands higher
intensities consistent with the City's initiatives for urban infill and redevelopment. In
fact, the Gulfstream Lumber property, located on the northwest corner of Woolbright
Road and Federal Highway was recently reclassified to Mixed-Use (MX) land use and
rezoned to Mixed-Use Low (MU-L). It should be noted that both the Gulfstream Lumber
property and the subject property are located within the same study area (Area IV) of
the Federal Highway Corridor Redevelopment Plan. Also, a land use amendment and
rezoning change was already approved for the Arches project, located just 1,000 feet
north of the subject lots. The lots assembled for the Arches project were recently
reclassified to Mixed-Use Core (MX-C) land use and zoned Mixed-Use High (MU-H). The
only difference between the two scenarios is the Arches project is located in Federal
Highway Corridor Study Area V. In any event, these types of land use and zoning
changes, including the subject request, are consistent with the City's redevelopment
plans and would not grant special privilege to an individual property owner as contrasted
with the protection of the public welfare. The requested amendment would not create
an isolated or unrelated district and would help to create a better transition to the
residential neighborhood to the east.
c. Whether changed or changing conditions make the proposed land use
amendment / rezoning desirable.
The changing conditions make the proposed land use amendment and rezoning
desirable. The Federal Highway Corridor Community Redevelopment Plan
recommended the changes of zoning categories within Planning Area IV in order to
create a desired appearance of a neighborhood which, being adjacent to the downtown
core area Is a gateway to the city. The recommendations were also aimed at promoting
urban infill by eliminating one-story commercial and automobile-Oriented (i.e. drive-thru)
types of uses. Any redevelopment activities in Planning Area IV consistent with the
above objectives would support increasing developers' interest in the downtown core
area.
d. Whether the proposed use would be compatible with utility systems,
roadways, and other public facilities.
Page 5
File Number: LUAR 05-003
Boynton Lofts
The property was previously developed as a 21-room motel and therefore, utility systems
such as potable water and sanitary sewer lines have already been constructed to the
subject site. Utilities staff acknowledges that the proposed land use / rezoning change
would increase the development potential of the subject site and in turn, would impose
additional demand upon city infrastructure. However, increases in demand for potable
water (22,981 gpd) would be accomplished via the planned purchase of up to 5 million
gallons of potable water per day (for the next 5 years) from Palm Beach County Utilities.
Local piping and infrastructure improvements may be required and would be addressed
during permit review. The local improvements would be the responsibility of the site
developer. Sufficient wastewater treatment capacity is currently available to serve the
projected demands (11,629 gpd) of the project if the land use / zoning change were
approved. The applicant would be required to make a firm reservation of capacityr
following approval of a site plan. Drainage will be reviewed in detail as part of the review
of the site plan, and must satisfy all requirements of the city and local drainage
permitting authorities. On January 19r 2005r the Palm Beach County School District
reviewed and approved the request for 48 multi-family dwelling units. The District's
concurrency determination is valid for one year (until January 19r 2006)r unless building
permits are issued, in which case the concurrency determination would be valid for the
life of the development order.
The applicant submitted a traffic study and it was forwarded to the Palm Beach County
Traffic Division for their review and approval. The Traffic Division reported that the
proposed land use / zoning change, which is being processed concurrently with the site
planr proposes a mixed-use project that would generate an additional 60 new morning
peak hour trips and 119 evening peak hour trips. The residential portion of the proposed
mixed-use development is exempt from the Traffic Performance Standard review because
the project is located within the county designated Coastal Residential Exception Area.
Furthermore, the non-residential portion of the proposed project meets the Traffic
Performance Standards of Palm Beach County. No building permits are to be issued by
the City after the 2008 build-out date.
Police and Fire staff reviewed the accompanying site plan and determined that current
staffing levels would be sufficient to meet the expected demand for services. However, it
should be noted that the influx of new development in the downtown area will begin to
have an impact on police and fire services, thereby ultimately increasing the demand for
additional personnel and equipment to balance the increase in population and non-
residential uses in the city.
e. Whether the proposed land use amendment / rezoning would be
compatible with the current and future use of adjacent and nearby
properties, or would affect the property values of adjacent or nearby
properties.
The proposed land use amendment / rezoning would be compatible with the current and
future use of properties located to the northr southr eastr and west of the subject
property in accordance with the vision for the corridor as represented by the
redevelopment plan. There are no Indications that the proposed amendment / rezoning
Page 6
File Number: LUAR 05-003
Boynton Lofts
would have negative impact on property values. In factf the applicant states that "this
(accompanying) project is anticipated to increase land values in the area by promoting
the use of these new categoriesff. Staff concurs. It would help to improve the overall
character of the area and provide neighborhood serving retail and office uses to area
residents. The accompanying site planfs proposed uses (retailf office, residential) have
and will continue to occur on-site and within the neighboring properties.
f. Whether the property is physically and economically developable under
the existing zoning.
The subject parcel was previously developed with commercial uses under the current
zoning district. Howeverf the one (l)-story motel is not the highest and best use of the
site. Under the current zoning categoryf the C-3 zoning district allows for a residential
density of 10.8 dwelling units per acre. Howeverf this propertyf which is eligible for the
Mixed-Use Low (MU-L) zoning categoryf would allow a residential density of up to 40
dwelling units per acre. The proposed zoning change would allow for greater flexibility
in terms of usef densityf setbacksf parkingf and height.
g. Whether the proposed land use amendment / rezoning is of a scale which
is reasonably related to the needs of the neighborhood and the city as a
whole.
The site could be an example of the type of redevelopment and inflll project that will
help to underpin the redevelopment efforts in the Federal Highway Corridor by
promoting the desired mix of uses and appearance consistent with the recommendations
of the redevelopment plan. The existing property and proposed structure (shown in the
site plan) is a compact unit of appropriate scale based on the corridor plan and the
desire to gradually step down the height of buildings (from 150 feet) allowed in the
Mixed-Use Core (MX-C) land use and Mixed-Use High (MU-H) zoning district. The
proposal is consistent with the densities and development regulations established by the
mixed use land use and zoning categories. This site and its project characteristic are
consistent with Objective 1.13 that discourages urban sprawl by creating a compact
urban area within the City and City's utility service areas.
h. Whether there are adequate sites elsewhere in the city for the proposed
use, in districts where such use is already allowed.
There are other vacant commercial sites that would likely accommodate the proposed
uses. Howeverf the proposed redevelopment of the subject site has the benefits of
promoting the city's development and redevelopment objectives as stated in the
Comprehensive Plan and downtown redevelopment plans. The Mixed-Use Low zoning
district was adopted in summer 2002f in order to implement redevelopment in the
Federal Highway Corridor. It is more difficult to redevelop a site rather than develop a
vacant site. Thereforef redevelopment efforts should be embraced because to do SOf
would be consistent with many of the Objectives in the Comprehensive Plan and their
subordinate policies. This current application would represent the third request for
reclassification to the aforementioned land use designation and zoning district.
Page 7
File Number: LUAR 05-003
Boynton Lofts
CONCLUSION I RECOMMENDATIONS
As indicated herein, the requested land use amendment and rezoning are consistent
with the intent of the Comprehensive Plan; would not create additional impacts on
infrastructure that cannot be served by existing capacities; would not be incompatible
with adjacent land uses; would further the corridor redevelopment plan and will
contribute to the overall economic development of the City. Therefore, staff
recommends that the subject request be approved. If conditions of approval are
recommended by the Community Redevelopment Agency Board or required by the City
Commission, they will be included as Exhibit "c" - Conditions of Approval.
S: IPlanninglSHAREDI WPIPROJECTSIBoynton LoftslLU AR 05.003 IStaff Report.doc
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VIII.-PUBLIC HEARING
ITEM A.I
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
0 April 5, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon)
[8J April 19,2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM [8J Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the April 19, 2005 City Commission Agenda under Public
Hearing, to be combined with the corresponding items for Land Use Amendment and Rezoning. The Community
Redevelopment Agency Board, reviewed this request on April 12, 2005, and forwards it with a recommendation for
approval, subject to staff comments, which are reduced to reflect desired revisions to the elevation drawings and massing
model drawing, and request new conditions to further architectural enhancements. For further details pertaining to the
request, see attached Department of Development Memorandum No. PZ 05-017.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Lofts (NWSP 05-008)
Bradley Miller, Miller Land Planning Consultants, Inc.
Louis F. Mascia, Boynton Motel, LLC
623 South Federal Highway
Request for new site plan approval to construct a mixed-use project consisting of 48
multi-family dwelling units, 5,364 square feet of retail, and 13,354 square feet of office
on a 1.21-acre parcel in a MU-L zoning district.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
~
Develop
City Manager's Signature
Z.(J~
Planning an Zoning Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynton Lofts\NWSP 05-008\Agenda Item Request Boynton Beach Lofts NWSP 05-008 4-19-05.dot
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 05-055
STAFF REPORT ADDENDUM
TO:
Chair and Members
Community Redevelopment Agency Board
..~
Michael Rumpf (1.OJ
Planning and Zoning Director
THRU:
FROM:
Eric Lee Johnson, AICP
Planner
~
DATE:
April 8, 2005
PROJECT NAME/NO:
Boynton Lofts / NWSP 05-008
REQUEST:
New Site Plan
BACKGROUND:
This memorandum is an addendum to the initial staff report (Memorandum No. PZ 05-017) for the above
referenced project. Mr. Bradley Miller, AICP, agent for the property owner (Boynton Motel, LLC) is
requesting the necessary land use, zoning, and site plan approval for a mixed-use project. In November
of 2004, Mr. Miller submitted a request to rezone (LUAR 05-003) from Community Commercial (C-3) to
Mixed Use-Low (MU-L), its corresponding site plan (NWSP 05-008), and height exception of three (3) feet
- two (2) inches (HTEX 05-001). Staff reviewed and recommended approval on all three (3) applications.
On March 17,2005, the Community Redevelopment Agency Board reviewed the rezoning, site plan, and
height exception requests. The Board recommended approval of Mr. Miller's requests for land use
amendment and rezoning but tabled the site plan and height exception reviews to address design related
comments. The Board tabled the plan for one (1) month until the April 12, 2005 Board meeting. The
Board recommended that the applicant revise the plan, meet with staff, and then return to the Board with
a plan that would met staff's comments and recommendations regarding design. All proposed uses
(residential, office, retail) are permitted uses in the MU-L zoning district. The construction of the building
and other site improvements would occur within one (1) phase.
SUMMARY OF CHANGES:
On April 5, 2005, the applicant submitted revised drawings to staff. These revised pages included a sheet
of tabular data, the massing model, site plan, enlarged site plan (of the public plazas), floor plan, roof
plan, elevations, and landscape plans. However, staff was only able to re-review the revised elevations
and massing model due to time constraints and intended emphasis on related design issues. Enclosed
within this packet are sheet IIL-l (Massing Model), sheet A300 (East Elevation), sheet A301 (West
Elevation), sheet A302 (North Elevation), and sheet A303 (South Elevation) and the applicant's response
to specific comments (see Exhibit "B"). These revised sheets (see Exhibit "A'') will supersede the
corresponding drawings of the sets of plans originally forwarded and labeled "Boynton Lofts NWSP 05-008
2nd Review" and date stamped January 18, 2005. All sheets from the original January 18, 2005 submittal
will remain constant except for the aforementioned sheets referenced above. The changes are as follows:
Sheet ILL -1
The massing model has been amended to dimensionally show the setbacks and step backs to confirm
compliance with the MU-L zoning district. The roof of the massing model was updated to show the
Staff Report - Boynton Lofts Addendum (NWSP 05-008)
Memorandum No PZ 05-055
Page 2
accurate configuration an location of the elevator and stairwell towers.
Sheet A300
The east elevation has been revised to include four (4) new decorative metal canopies proposed above
selected windows and porches of the sixth (6th) floor. The plan now shows decorative molding atop of the
parapet wall. Finally, the stucco walls that were originally proposed in conjunction with the decorative
railings of the porches were eliminated from the drawings and all porches would now have just "open"
horizontal railings.
Sheet A301
The west elevation has been revised to include three (3) new decorative metal canopies proposed above
all porches of the fifth (5th) floor. The plan now shows decorative molding atop of the parapet wall.
Likewise, three (3) windows have been added above the trash room. Finally, the stucco walls that were
originally proposed in conjunction with the decorative railings of the porches were eliminated from the
drawings and all porches would now have "open" horizontal railings.
Sheet A302
The north elevation has been amended to include an additional 20 window openings. The plan now shows
decorative molding atop of the parapet wall. Finally, the stairwells were originally proposed as closed
stairwells but the plans have been changed to now show "open" stairwells with vertical decorative railings.
Sheet A303
The south elevation has been amended to include an additional 22 window openings. The plan now
shows decorative molding atop of the parapet wall. Finally, the stairwells were originally proposed as
closed stairwells but the plans have been changed to now show "open" stairwells with vertical decorative
railings.
RECOMMENDATION:
The following conditions of approval have been satisfied and should be rejected (removed) from the
Exhibit "c" - Conditions of Approval document, with the exception that comment #56 should be revised to
recommend extension of cornice/molding around the entire perimeter of the roof-line.
#42. At the time of permitting, revise the Massing Model (sheet ILL-l) and other applicable sheets to
accurately show the roofline of the proposed building.
#43. At the time of permitting, revise the Massing Model (sheet ILL-l) or elevations to indicate building
stepback compliance of the MU-L zoning district when structures are above the 45-foot threshold.
#55. Staff recommends utilizing aluminum framework inside the "window" openings of the parking garage
in order to enhance their appearance.
#56. Staff recommends adding more architectural elements and accents to all facades to enhance the
overall appearance of the building.
Any additional conditions recommended by the Board or City Commission shall be documented accordingly
in the Conditions of Approval.
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298 PINEAPPLE GROVE WAY
DElRA Y BEACH, FLORIDA 33444
PHONE . 561/272-0082
FAX . 561/272-1042
April 5, 2005
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Ed Breese
CITY OF BOYNTON BEACH
PLANNING & ZONING DEPARTMENT
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
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RE: Boynton Beach Lofts - Site Plan Application NWSP 005-008
Dear Ed:
Pursuant to our most recent meeting we have made revisions to the site plan application to address the
proposed conditions of approval that were of concern to the CRA Board. Attached are ten sets of the
revised plan. Provided below is a response to the conditions of approval that were specifically addressed
by the CRA Board.
#42 At the time of permitting revise the massing model (sheet I LL -1) and other applicable sheets to
accurately show the roof line of the proposed building.
The massing model has been amended to dimensional.Iy~hQwthe setbacks both-horizontally and vertically
",",..., "
to confirm that the building complies with the required set backs. ' " ' .
#43 At the time of permitting revise the massing model (sheet I LL-1) or elevations to indicate building
set back compfiance of the MU-L zoning district when structures are above the 45' threshold.
The massing model has been amended to dimensionally show the setbacks both horizontally and vertically
to confirm that the building complies with the required set backs.
#47 The landscape plan - Insure that the plant quantities must match between the tabular data and
the graphic illustration.
The landscape plan has been modified pursuant to other revisions (see # 54 below) and in doing so the
plant quantities have been confirmed to match between the tabular data and match between the tabular data
and graphic illustration.
#52 Staff recommends increasing the size of the new sable palm tree clusters proposed to the
southeast, southwest, and northeast comer at varying heights between 20 feet and 28 over all
feet.
The landscape plan has been revised to increase the size of the sable palm tree clusters as recommended.
#53. Staff recommends installing 14' to 16' tall Montgomery or Alexander palm trees within the west
landscape (within the planter areas) proposed between the doorways and the brakes in the
windows.
Landscape plan has been revised to reflect Montgomery or Alexander palm trees along the west buffer as
recommended.
.)
MILLER
LAND
PLANNING
CONSULTANTS, INC.
EXHllilT B
298 PINEAPPLE GROVE WAY
DELRAY BEACH, FLO~~IDA 33444
PHONE . 561/272-0082
FAX.561/272-1042
# 54. Staff recommends installing more brick pavers within the front plazas in order to increase the size
of pedestrian/public gathering space, there by meeting the intent of the MU-L zoning district. In
any case Staff determined there would still be enough room to install (2) additional Fox Tail palm
trees along Federal Highway. The Fox Tail palm trees should be installed at a height of 18' to 20'.
The brick paver area in the front of the building has been modified pprsuant to our discussions with staff.
The paver area also includes three wells to accommodate the recommended Fox Tail palm trees.
#55 Staff recommends utilizing aluminum frame work inside the window openings of the parking
garage in order to enhance their appearance.
Based on modified elevations that were provided previously, it is our understanding that this condition of
approval can be removed.
#56 Staff recommends adding more architectural elements and accents to all facades to enhance
the overall appearance of the building.
Pursuant to revised elevations that were provided previously, we understand that the architectural elements
and accents that have been added to the building satisfy the recommendations of Staff and therefore this
comment and condition can be removed.
We trust that these modifications will satisfy the recommendations of Staff and also the CRA Board. Should
you need any additional information as we proceed toward the April 12th CRA Board meeting, please do
not hesitate to call.
Sincerely,
MILLER LAND PLANNING CONSULTANTS, INC.
~l~~
President
cc: James Siefert
Francisco Perez
Debra Turner
John Wheeler
M:\M L P C\PROJECTS\Boynton Beach Lofts\Ed Breese 040505.wpd
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-017
STAFF REPORT
TO: Chair and Members
Community Redevelopment Agency and City Commission
THRU: Michael Rumpf
Planning and Zoning Director
FROM: Eric Lee Johnson, AICP
Planner
DATE: February 2, 2005
PROJECT NAME/NO: Boynton Beach Lofts / NWSP 005-008
REQUEST: New Site Plan
Property Owner: Mr. Louis F. Mascia / Boynton Motel, LLC
Applicant: Mr. James A. Seifert / Addison Properties of South Florida, Incorporated
Agent: Mr. Bradley D. Miller, AICP / Miller Land Planning Consultants, Incorporated
Location: 623 South Federal Highway
Existing Land Use: Local Retail Commercial (LRC)
Existing Zoning: Community Commercial (C-3)
Proposed Land Use: Mixed Use (MX)
Proposed Zoning: Mixed Use-Low (MU-L)
Proposed Uses: Office: 13,354 square feet
Retail: 5,364 square feet
Residential: 48 condominium units
Acreage: 52,542 square feet (1.21 acres)
Adjacent Uses:
North:
Vacant commercial property classified Local Retail Commercial (LRC) land use
and zoned Community Commercial (C-3);
South:
Developed commercial properties (offices) classified Local Retail Commercial
(LRC) land use and zoned Community Commercial (C-3);
Staff Report - Boynton Beach Lofts (NWSP 05-008)
Memorandum No PZ 05-017
Page 2
East:
West:
Right-of-way for Federal Highway, then farther east is developed multi-family
residential (Sterling Village) classified High Density Residential (HDR) land use
and zoned Multi-family Residential (R-3);
Right-of-way for Southeast 4th Street, then farther west is an active park
(Pence Park) classified Recreational (R) land use and zoned Recreation (REe).
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request
and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in
accordance with Ordinance No. 04-007.
Proposal:
Concurrency:
Traffic:
BACKGROUND
Mr. Bradley Miller, AICP, agent for the property owner (Boynton Motel, LLC) is
requesting to develop a mixed-use project. The survey shows that the subject
property is currently developed with a one (i)-story motel building and related
parking areas. The intent is to raze the existing building and redevelop the site
with a single mixed-use building consisting of two (2) towers with an interior
parking garage. The parking garage would be two (2) stories, the west tower
would be five (5) stories, and the east tower, proposed along Federal Highway,
would be six (6) stories. Approval of this project is contingent upon the approval of
the accompanying request to amend the Future Land Use Map and rezone (LUAR
05-003) the property from Community Commercial (C-3) to Mixed-Use Low (MU-L).
The MU-L zoning district is appropriate for low to mid-rise development that
provide for medium density residential uses. The district allows a maximum height
of 75 feet (as a permitted use) and a residential density of 40 dwelling units per
acre for mixed-use projects. The applicant submitted a request for height
exception (HTEX 05-001) because as proposed, a portion of the building would
exceed the 75-foot height threshold (see Exhibit "c" - Conditions of Approval). As
of today, this project represents the third "mixed-use" type of development for the
City within the newly created MU-L zoning district. The project is to be built within
one (1) phase with an anticipated completion date of January of 2007.
ANALYSIS
Generally, anticipated project traffic is generated by two factors, namely the
proposed use and its intensity. Intensity is typically measured by the proposed
building area (in square feet). The traffic study for the project was reviewed and
approved by the Palm Beach County Traffic Division. Based on the Traffic
Division's review, it has been determined that the residential portion of the
proposed mixed-use redevelopment project is located within the Coastal Residential
Exception Areas of Palm Beach County and the non-residential portion meets the
Traffic Performance Standards of Palm Beach County. No building permits are to
be issued after the build-out date of 2008 (see Exhibit "c" - Conditions of
Approval). The County traffic concurrency approval is subject to the Project
Staff Report - Boynton Beach Lofts (NWSP 05-008)
Memorandum No PZ 05-017
Page 3
Aggregation Rules set forth in the Traffic Performance Standards Ordinance.
Utilities: The planned purchase of up to 5 million gallons of potable water per day from Palm
Beach County Utilities would supply potable water for this project (projected to a
total of 22,981 gallons per day). Local piping and infrastructure improvements may
be required for the project, dependent upon the final project configuration and fire-
flow demands. These local improvements would be the responsibility of the site
developer and would be reviewed at the time of permitting. Sufficient sanitary
sewer and wastewater treatment capacity is currently available to serve the project
total of 11,629 gallons per day, subject to the applicant making a firm reservation
of capacity, following approval of the site plan.
Police/Fire: Staff reviewed the site plan and determined that current staffing levels would be
sufficient to meet the expected demand for services. However, it should be noted
that the influx of new development in the downtown area will begin to have an
impact on police and fire services, thereby ultimately increasing the demand for
additional personnel and equipment to balance the increase in population and non-
residential uses in the city.
Drainage: Conceptual drainage information was provided for the City's review. The
Engineering Division is recommending that the review of specific drainage solutions
be deferred until time of permit review (see Exhibit "c" - Conditions of Approval).
School: The School District of Palm Beach County has reviewed the request and determined
that adequate capacity exists to accommodate the projected resident children.
Driveways: The project can be characterized by "urban / infill" development whereby front
building setbacks are minimal and off-street parking is relegated to a subordinate
role. The plans show that a parking garage would provide for the off-street parking
spaces and it is intentionally proposed as a hidden structure within the core of the
project, unseen from the roadways. Also, the project is not proposing traditional
driveways and surface parking lots like "suburban"-type of projects (where
driveways connect to off-street parking located in front of the buildings). The site
plan shows that vehicles would enter the site from two (2) points of entry.
Pursuant to staff's recommendation, the project proposes only one (1) point of
egress. The main entrance is proposed on Federal Highway and the alternate is
proposed on Southeast 4th Street. Although not scaled, the vehicular entrance
proposed on Federal Highway would be nearly 12 feet in width. The drive aisle,
which would be separate from the pedestrian entrance, would run in an east-west
direction and connect to the interior parking garage. This entrance would also
provide an alternate means of emergency ingress to the interior parking garage
should the other opening be obstructed. This opening would not violate the MU-L
regulations (to discourage mid-block openings) because the intent of the code was
to discourage the typical off-street surface parking lots located in front of buildings
visible from the roadway; a common characteristic of suburban-type projects. The
proposed parking areas are interior to the site and will be discussed in the following
section of this staff report. The subject property is a mid-block lot. Had it been
located on a corner, staff would have recommended against an opening onto
Staff Report - Boynton Beach Lofts (NWSP 05-008)
Memorandum No PZ 05-017
Page 4
Federal Highway. As previously mentioned, the only point of egress would occur at
the rear of the project, on Southeast 4th Street. This opening, which would also
serve as the alternate point of ingress, would be approximately 23 feet in width. As
a point of egress, it would allow for only right-turn vehicular traffic movement onto
Southeast 44th Street subsequent to the proposed right-of-way (storm water)
improvements to the roadway.
Parking Facility: Off-street parking for the proposed MU-L zoning district must meet the
requirements in Chapter 2, Section 11.H., of the Boynton Beach Land Development
Regulations. The project proposes a mix of residential, retail, and office uses. One-
bedroom apartment units require one and one-half (1 V2) parking spaces. Two
bedroom apartment units require two (2) parking spaces. The project proposes 48
dwelling units (a mixture of one and two bedrooms), requiring 85 parking spaces.
Retail uses proposed within mixed-use projects require one (1) parking space per
200 square feet of gross leasable floor area. For this project, a total of 26.8
parking spaces would be required for the retail uses. Office uses require one (1)
parking space per 300 square feet of gross floor area. The project proposes 13,354
square feet of office and therefore, would require 44.5 parking spaces. In
conclusion, under these standardized parking methodologies, a total of 156 parking
spaces would be required. However, the project would only provide a grand total
of 119 parking spaces, a deficiency of 37 spaces. Because the applicant is
simultaneously requesting to rezone the property from Community Commercial (C-
3) to the Mixed Use-Low (MU-L), the project would be permitted to utilize the Urban
Land Institute's (ULI) Shared Parking Table methodology as a basis for calculating
the required number of off-street parking spaces. Therefore, based on the Shared
Parking Table, the proposed uses and their respective building areas would require
a grand total of 116 parking spaces.
No on-street parking spaces are proposed for this development. As previously
mentioned, the plans propose a two (2)-story parking garage, internal to the
development. The garage would be nestled between the five (5)-story tower along
Southeast 4th Street and the six (6)-story tower fronting on Federal Highway, and
would accommodate up to 119 vehicles. According to the 1st Floor Plan, a total of
44 parking spaces are proposed on the ground floor. Level 2 would provide the
remaining 75 spaces. Parking space dimensions would conform to code
requirements of nine feet by eighteen feet for 90-degree parking stalls and twelve
feet by eighteen feet for handicap spaces
In conclusion, the parking garage would provide 119 parking spaces or an excess of
three (3) spaces when the ULI Shared Parking Table methodology is utilized.
However, it should be noted that the parking could be negatively impacted in the
future if the applicant requests medical offices within area designated for "office"
use. Medical offices would require additional parking; to be calculated at a ratio of
one (1) space per 200 square feet.
Landscaping:
The landscape plan shows that 80 palm trees are proposed, of which, 62% would
be native species. It also indicates that over 81 % of the canopy trees would be
native. The landscape plan also proposes 1,674 shrubs / hedges / accents, of
Staff Report - Boynton Beach Lofts (NWSP 05-008)
Memorandum No PZ 05-017
Page 5
which, 66% would be native species.
The MU-L zoning district requires that at least 20% of the property remains as
pervious area. The cover sheet tabular data indicates that the total pervious area
would equal 10,519 square feet or 20% of the site. According to the Existing Tree
Table, the subject site currently contains 44 existing trees with a total of 124
caliper inches to mitigate. The species consist of the following trees: Rubber Tree,
Live Oak, Mango, Sabal palm, Queen palm, and Coconut palm trees. According to
the table, 21 trees would remain on-site.
The plant material proposed along Federal Highway within the front landscape
buffer would be the following: Medjool, Foxtail, and European Fan palms in
conjunction with Trinette, Bouganvillea, and Boston Fern groundcover. The
applicant originally proposed Royal Palm trees instead of Foxtail palm trees within
this front buffer. However, during the review process, it was determined that Royal
palm trees would not be permitted due to the presence of overhead FP&L lines
running along the sidewalk. Nonetheless, staff recommends installing two (2)
additional Foxtail Palm trees within the front landscape buffer. Also, staff
recommends increasing the size of the public space in front of the building along
Federal Highway without jeopardizing compliance with the 20% required pervious
space and the zoning district's maximum setback requirements (see Exhibit "CIf _
Conditions of Approval).
Generally, the north and south landscape buffers would be similar in terms of
width, plant quantity, and plant species. The intent of these buffers primarily, is to
soften the look of the parking garage while counting towards the minimum amount
of pervious area. Shade and palm trees are proposed within these buffers with
foundation landscaping installed in a serpentine arrangement. The plant species
proposed within both buffers would include the following: Laurel Oak, Sabal palm,
Ixora "Nora" Grant, Redtip Cocoplum, and Silver Buttonwood hedges, and
Fakahatchee Grass. The Sabal palm trees would be installed in a group of five (5),
at varying heights (between 12, 15, and 18 feet of grey wood). Staff recommends
that the new clusters of Sabal palms proposed at the southeast, southwest, and
northwest corners be install at varying heights between 14 feet to 22 feet (see
Exhibit "CIf - Conditions of Approval).
The landscape buffer proposed along Southeast 4th Street would be minimal in
depth, intended primarily to soften the streetscape. The plant material would
include the following: Xanadu, Ti plant, Pygmy date palm, Bougainvillea,
Tibouchina. No trees are proposed within this buffer. Therefore, staff
recommends reducing the width of the awnings and installing Montgomery or
Alexander palm trees 14 feet to 16 feet in height within the planter spaces between
the doorways and breaks between the windows (see Exhibit "c" - Conditions of
approval).
The Pool Area detail shows that landscape material is proposed on the recreation
deck above the parking garage. The plans show that a diverse group of plants and
trees are proposed on this deck to soften the hardscape environment while
Staff Report - Boynton Beach Lofts (NWSP 05-008)
Memorandum No PZ 05-017
Page 6
providing a more tranquil space for the urban dwellers. The plant species include
the following: Coconut palm, Ti plant, Cassia, Boston Fern, Japanese Fern, and
Purple Crinum.
Building and Site: Building and site design as proposed would generally meet code requirements
when staff comments are incorporated into the permit drawings. The maximum
allowed and proposed project density would be 40 dwelling units per acre. As
previously mentioned, the existing motel building would be replaced with the
proposed five (5) to six (6)-story mixed-use building. The depth of the parcel
extends westward from Federal Highway to Southeast 4th Street. Likewise, the
building would encompass the depth of the entire block, which means that it would
essentially have two (2) "front" building facades, one that faces Federal Highway,
the other, Southeast 4th Street. The taller of the two front facades (six-stories)
would front on Federal Highway. The smaller tower (five-stories) would face
Southeast 4th Street. These towers are connected together with an internal parking
garage. The MU-L zoning district allows for a maximum height of 75 feet.
Proposed building heights greater than 75 feet but less than 100 feet are reviewed
as conditional uses. The elevations show that the roofline of the building would
range from 68 feet to 75 feet in height, which is permitted under the limitations of
the zoning district. However, the top portion of an emergency stairwell proposed
on the east tower would be 78 feet - two (2) inches in height. The applicant
requested a height exception of three (3) feet - two (2) inches. The review of the
height exception is discussed in an accompanying staff report (HTEX 05-001). As
proposed, the project would require height exception approval rather than
conditional use approval because the building height itself is lower than the 75-foot
threshold.
The building is proposed within close proximity of all the property lines in order to
maintain compliance with the maximum setback requirements of the MU-L zoning
district. The east (front) setback would vary but would be eight (8) feet - two (2)
inches at its narrowest point and 23 feet - 10 inches at its widest point. The code
requires the buildings to be close to the property line but to also allow for public
gathering and pedestrian areas. Therefore, staff recommends increasing the
amount of impervious surface in front of the building with brick-pavers to create
more of a public space without jeopardizing compliance with the minimum required
pervious surface (see Exhibit "c" - Conditions of Approval). Although the MU-L
allows a zero (0) front setback, an additional 10 feet is required for every 50 feet of
building height above the 45-foot threshold. When looking at the elevation and
massing drawing, it appears as though the plans comply with this setback
requirement. However, at the time of permitting, the applicant would be required
to provide this necessary information on either of the aforementioned plans to
ensure compliance with stepback requirements, prior to the issuance of a building
permit. If it is determined that the plans do not comply, thereby necessitating a
major reconfiguration of the building, then that reconfiguration may be subject to
review by the Community Redevelopment Agency and City Commission (see Exhibit
"c" - Conditions of Approval).
The north (side) setback would range between two (2) feet - six (6) inches at its
Staff Report - Boynton Beach Lofts (NWSP 05-008)
Memorandum No PZ 05-017
Page 7
narrowest point but would generally be 15 feet - two (2) inches from the south
property line. Likewise, the building would be setback six (6) feet- nine (9) inches
from the north property line at its narrowest point but would generally setback 14
feet - one (1) inch from the north property line. The building would be setback
two (2) feet - four (4) inches from the west property line. Any awnings or
balconies projecting over a pedestrian walkway should allow a nine (9) foot vertical
clearance (see Exhibit "c" - Conditions of Approval).
Generally defined, the Floor-Area-Ratio (F.A.R.) is a ratio between a project's total
proposed floor area (for all levels) divided by the size of the parcel. The allowable
F.A.R. for properties located within the MU-L zoning district and fronting on a major
arterial, such as Federal Highway is between 1.5 and 2.0. This project's proposed
F.A.R. would be 1.82. This figure excludes the parking garage area.
The proposed building composition would be as follows: Residential - 61,035
square feet; Retail - 5,364 square feet; Office - 13,354 square feet; and Parking
Garage - 47,921 square feet. The plans show that the interior parking and office I
retail components would occur on the first and second floors only. The
condominium units would occur on all subsequent floors. It should be noted that a
recreation deck is proposed on top of the parking structure. According to the
tabular data, the one (1)-bedroom and two (2)-bedroom units are proposed in a
variety of styles and sizes. The smallest one (1)-bedroom unit would be 824
square feet (under Ale) and the largest one (1)-bedroom unit would be 1,038
square feet in area. The smallest two (2)-bedroom unit would be 990 square feet
while the largest two (2)-bedroom unit would be 1,447 square feet. No provisions
for screen enclosures are proposed on the balconies.
The project proposes a service entry driveway off of Southeast 4th Street labeled as
"hard trash area" on the site plan. Garbage trucks would enter the site at the
northwest corner of the property and empty the single dumpster and compactor.
This method of trash removal was reviewed and approved by the Public Works
Department.
DeSign:
With regards to building mass, the applicant states that the building was designed
to minimize impact through the use of intermittent recesses (shadows) and by the
use of balconies. According to the applicant, the end result would be a product
that is an unusually attractive urban artifact. The 1st floor plan shows parking for
bicycles would occur within the parking garage next to the parallel spaces behind
the retail space (see Exhibit "c" - Conditions of Approval). Also noteworthy is that
the project parking would be virtually hidden from all views and is considered to be
a subordinate, unobtrusive element of the plan. Vehicular traffic is contained and
tamed within the internal framework of the project. The parking garage would be
enclosed but would have decorative openings compliant with Florida Building Code.
These openings would resemble large windows. Staff recommends utilizing
aluminum grills within the openings to enhance their appearance (see Exhibit "C"-
Conditions of Approval).
The paint color schedule on the elevation sheets indicates that three (3) different
Staff Report - Boynton Beach Lofts (NWSP 05-008)
Memorandum No PZ 05-017
Page 8
colors would be used. The paints would be Sherwin Williams Peace Yellow 2857/
Caribbean Coral 2854/ and Sage 2860. The project also proposes black canvas
awnings at street level. Decorative light fixtures would also be placed on the
building edifice at street level, where possible. A general intent of Chapter 9
(Community Design Plan) is to ensure that buildings achieve visual unity of
character and design concepts, in part, through the use of building colors.
However, there are no established noteworthy building colors or architectural
themes within the immediate area with which this project should be compatible.
Located more than three (3) blocks north of the subject site, the Arches project
(NWSP 03-002) is to be painted with multiple colors; some of which would be
similar to the colors proposed in this project. Therefore, the proposed colors for
this site plan would not be inappropriate, incompatible, or obtrusive. However,
staff recommends adding architectural elements and accents to all facades to
enhance the overall appearance of the building (see Exhibit "C" - Conditions of
Approval).
Signage:
Minimal project detail regarding proposed signage was shown with this submittal.
In the future, the applicant intends to submit a sign program but for now, the
signage would consist of lO-inch tall black foam letters. A note indicates that the
style would be "unique to each tenant and in a Art Deco type faced". The letters
would be mounted to wall area and secured with silicon adhesive. As presented,
the elevations are incomplete when referring to project signage. Therefore, staff
recommends utilizing a sign program for the entire project to ensure sustained
continuity throughout the life of the project (see Exhibit "c" - Conditions of
Approval). All project signage shall conform to the regulations as set forth in
Chapter 9 (Community Design Plan) and Chapter 21 of the Land Development
Regulations.
RECOMMENDATION:
Staff has reviewed this request and recommends approval, contingent upon the approval of the concurrent
rezoning application, height exception request, and all items noted within Exhibit "c" - Conditions of
Approval. Any additional conditions recommended by the Board or City Commission shall be documented
accordingly in the Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Boynton Lofts\NWSP OS-008\Staff Report.doc
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EXHIBIT "C"
Conditions of Approval
Project name: Boynton Beach Lofts
File number: NWSP 05-008
Reference: 2nd review plans identified as a New Site Plan with a January 18, 2005 Planning and Zoning
Department date stamp marking.
~
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments:
1. Prior to permit application contact the Public Works Department (561-742- X
6200) regarding the storage and handling of refuse per the CODE, Article II,
Section 10-26 (a).
2. At the time of permitting, provide a detail of the interior of the compactor X
storage room showing compactor guide and stops.
PUBLIC WORKS - Traffic
Comments: None X
ENGINEERING DIVISION
Comments:
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. 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:
5. Palm Beach County Health Department permits may be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
6. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with
20 p.s.i. residual pressure 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)).
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DEPARTMENTS INCLUDE REJECT
7. The LDR, Chapter 6, Article IV, Section 16 requires that all points on each X
building will be within 200 feet of an existing or proposed fire hydrant.
Please demonstrate that the plan meets this condition, by showing all
hydrants.
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 seven (7) 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. The LDR, Chapter 3, Article IV, Section 3(0) requires Master Plans to show X
all utilities on or adjacent to the tract. The plan must therefore show the point
of service for water and sewer, and the proposed off-site utilities construction
needed in order to service this project.
11. The LDR, Chapter 3, Article IV, Section 3(P) requires a statement be X
included that utilities are available and will be provided by all other
appropriate agencies. This statement is lacking on the submitted plans.
12. Utility construction details will not be reviewed for construction acceptability X
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); they will be
reviewed at the time of construction permit"application.
FIRE
Comments:
13. At the time of permitting, add an additional fire hydrant to the plans so that X
no more than 300 feet of road travel occurs between hydrants.
14. At the time of permitting, the site addresses shall be placed conspicuously on X
the front of the structure, so the numbers can be seen plainly Site addresses
shall be placed conspicuously on the front of the structure, so the numbers
can be from the street. Numbers used for residences shall be not less than four
inches in height and shall be made of a durable and visible material. Numbers
used for commercial and industrial buildings shall not be less than six inches
in height. (City Ordinance Chapter 20 Section 16.).
15. At the time of permitting, emergency access shall be provided at the start of a X
project and be maintained throughout construction per the Florida Fire
Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding
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DEPARTMENTS INCLUDE REJECT
Construction, Alteration, and Demolition Operations, Section 5-4.3.
POLICE
Comments: None X
BUILDING DIVISION
Comments:
16. The height and area for buildings or structures of the different types of X
construction shall be governed by the intended use or occupancy of the
building, and shall not exceed the limits set forth in Table 500 of the 2001
FBC. It cannot be Type V construction as noted on plans.
17. 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.
18. 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 (pst) on the plans for the building design.
19. Buildings three-stories or higher shall be equipped with an automatic X
sprinkler system per F.S. 553.895. Fire protection plans and hydraulic
calculations shall be included with the building plans at the time of permit
application.
20. Add to all plan view drawings of the site a labeled symbol that represents the X
location and perimeter of the limits of construction proposed with the subject
request.
21. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
22. Add to each building that is depicted on the drawing titled site plan and floor X
plan a labeled symbol that identifies the location of the handicap accessible
entrance doors to each building. 2001 FBC, Sections 11-4.1.2, 11-4.1.3, and
11-4.3.
23. Compliance with regulations specified in the Fair Housing Act regarding X
handicap accessibility is required (Federal Fair Housing Act Design and
Construction Requirements, Title 24 CFR, Part 100.205).
24. At the time of permit review, submit details of reinforcement of walls for the X
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DEPARTMENTS INCLUDE REJECT
future installation of grab bars as required by the Federal Fair Housing Act
Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within
the covered dwelling unit shall comply.
25. Identify within the site data the finish floor elevation (lowest floor elevation) X
that is proposed for the building. Verify that the proposed elevation is in
compliance with regulations of the code by adding specifications to the site
data that address the following issues:
a. The design professional-of-record for the project shall add the following
text to the site data. "The proposed finish floor elevation _' _ NGVD
is above the highest 100-year base flood elevation applicable to the
building site, as determined by the SFWMD's surface water management
construction development regulations."
b. From the FIRM map, identify in the site data the title of the flood zone
that the building is located within. Where applicable, specify the base
flood elevation. If there is no base flood elevation, indicate that on the
plans.
c. Identify the floor elevation that the design professional has established for
the building within the footprint of the building that is shown on the
drawings titled site plan, floor plan and paving/drainage (civil plans).
26. To properly determine the impact fees that will be assessed for the one-story X
clubhouse, provide the following:
a. Will the pool/clubhouse/recreation building be restricted to the residents
of the entire project only?
b. Will there be any additional deliveries to the site?
c. Will there be any additional employees to maintain and provide service to
the site?
Please have the applicant provide the City with a copy of the letter that will be
sent to the impact fee coordinator. To allow for an efficient permit review, the
applicant should request that the County send the City a copy of their
determination of what impact fees are required for the clubhouse.
27. 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.
28. 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.
29. 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.
a. If the project is a multi-family project, the building number/s must be
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DEPARTMENTS
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
b. The number of dwelling units in each building.
c. The number of bedrooms in each dwelling unit.
d. 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)
INCLUDE REJECT
30. At time of building permit application, submit verification that the City of X
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property. The following information
shall be provided:
a. A legal description of the land.
b. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
c. If the project is a multi-family project, the building numberls must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
d. The number of dwelling units in each building.
e. The total amount being paid.
(CBBCO, Chapter 1, Article V, Section 3(0)
32. This structure meets the definition of a threshold building per F.S. 553.71(7) X
and shall comply with the requirements of F.S. 553.79 and the CBBA to the
2001 FBC, Sections 105.3.1 through 105.3.6.
The following information must be submitted at the time of permit
application:
a. The structural inspection plan must be submitted to the enforcing
agency prior to the issuance of a building permit for the construction
of a threshold building;
b. All shoring and re-shoring procedures, plans and details shall be
submitted;
c. All plans for the building that are required to be signed and sealed by
the architect or engineers of record shall contain a statement that, to
the best of the architect's or engineer's knowledge, the plans and
specifications comply with the applicable fire safety standards as
determined by the local authority in accordance with this section and
F.S. Section 633.
PARKS AND RECREATION
Comments:
33. As a condition of the issuance of a land development order for residential X
developments, the developer shall dedicate land, pay a fee in lieu thereof, or
both, at the option of the city, for park and recreational purposes and
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DEPARTMENTS INCLUDE REJECT
according to the standards and fonnula in Chapter I, Article V in the Land
Development Code. The preferred method for satisfaction of the Land
Development Code is payment of a fee based on the following calculation:
48 Multi-family housinR; units em $656.00 per unit = $3 1,488.00
34. At the time of permitting, submit detailed irrigation plans for right-of-way X
landscaping and site work improvements during the construction document
permitting stage, for review and approval by the Parks Division staff. When
proposing work in the public rights-of-way, show the location of any existing
irrigation lines. In addition, if project proposes pavement on top of any
existing irrigation lines, the contractor must encase said lines in PVC
Schedule 40 sleeves to orotect them from future dama.l!e.
35. At the time of permitting, provide as-built plans showing locations of X
irrigation lines in the rights-of-way to the Parks Division at the close of the
construction contract.
FORESTERlENVIRONMENT ALIST
Comments:
36. The trees numbered 10, 33, 34, 36, and 38 are all mature native species of X
Live Oak that can be relocated by proper root pruning and moving the trees
with proper equipment.
37. The irrigation system design should be low volume water conservation using X
non-oortable water.
38. Turf and landscape (bedding plants) areas should be designed on separate X
zones and time duration for water conservation.
39. Trees should have separate irrigation bubblers to provide water directly to the X
root ball (Chapter 7.5, Article II Sec. 5. C.2.).
PLANNING AND ZONING
Comments:
40. Approval of this site plan is contingent upon the accompanying request for X
land use amendment / rezoning (LUAR 05-003) and Height Exception
ffiTEX 05-00 I).
41. At the time of pennitting, on the cover sheet tabular data (sheet AOOO), X
substitute the words "variance requested" with "approved per HTEX 05-001"
and correct the hei.l!ht to indicate 78 feet - two (2) inches.
42. At the time of permitting, revise the Massing Model (sheet ILL-I) and other X
apolicable sheets to accuratelv show the roofline of the orooosed buildinR;.
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DEPARTMENTS INCLUDE REJECT
43. At the time of permitting, revise the Massing Model (sheet ILL-I) or X
elevations to indicate building stepback compliance of the MU-L zoning
district when Structures are above the 45-foot threshold.
44. The project meets the Traffic Performance Standards (TPS) of Palm Beach X
County. However, no building permits may be issue after the build-out date
of 2008 without review and approval of the Traffic Division of Palm Beach
County.
45. A unity of title may be required. The Building Division of the Department of X
Development will determine its applicability.
46. Abandonment and rededication of easements must be recorded pnor to X
issuance of a building permit for the project.
47. On the landscape plan, ensure that the plant quantities must match between X
the tabular data and the graphic illustration.
48. At the time of permitting, on the elevations, show the locations, dimensions, X
color(s), and type of all proposed wall signage (Chapter 4, Section 7.D.).
Submit a master sign program that shows the number, location, dimensions,
exterior finish, and color(s) of all signs (Chapter 2, Section 5.H.9.). The sign
program would address all types of signs, including commercial wall signs,
identification signs, residential subdivision signs, freestanding monument
signs, canopy signs, way-finding signs, directional signs, and all other signs
(including a directional sign indicating location of bicycle parking) as
regulated by Chapter 21 of the Land Development Regulations. All proposed
signage shall be designed and treated as part of the architecture of the
building and color(s) shall be complimentary to the structure on which they
are located. No sign permits may be issued until the sign program is
approved by staff.
49. Feature lighting emphasizing plants, trees, barriers, entrances, and exits is X
encouraged (Chapter 9, Section lO.F.3.).
50. Lighting may be used to illuminate a building and its grounds for safety X
purposes and to enhance its beauty. However, the visual effect shall be subtle
(Chapter 9, Section lO.F.4.). 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 (Chapter 9, Section lO.F.5.). At the time of
permitting, staff recommends adding architectural lighting to enhance the
project.
51. Any awnings or balconies that project over a pedestrian walkway shall X
provide a vertical clearance of nine (9) feet (Chapter 2, Section 5.F.5.).
52. Staff recommends increasing the size of the new Sabal palm tree clusters X
proposed at the southeast, southwest, and northeast comer at varying heights
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DEPARTMENTS INCLUDE REJECT
between 20 feet and 28 overall feet.
53. Staff recommends installing 14-foot to 16-foot tall Montgomery or Alexander X
palm trees within the west landscape buffer (in the planter areas) proposed
between the doorways and the breaks in the window.
54. Staff recommends installing more brick-pavers within the front plazas in X
order to increase the size of pedestrian / public gathering space, thereby
meeting the intent of the MU-L zoning district. In any case, staff determined
that there would still be enough room to install two (2) additional Foxtail
palm trees within this plaza along Federal Highway. The Foxtail palm trees
should be installed at a height of 18 feet to 20 feet.
55. Staff recOmmends utilizing aluminum framework inside the "window" X
openings of the parking garage in order to enhance their appearance.
56. Staff recommends adding more architectural elements and accents to all X
facades to enhance the overall appearance of the bUilding.
COMMUNITY REDEVELOPMENT AGENCY
Comments:
57. Revise #56 to read as follows: continue enhancing the architectural elements X
by extending the cornice/molding around the entire perimeter of the roof-line.
58. Enhance the north and south elevations of the parking garage with a X
minimum of 3 of the recommended enhancements for blank walls as listed in
the proposed urban design guidelines.
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
59. To be determined.
MWRJelj
S:IPlanningISHAREDlWPIPROJECTSIBOynton LoftslNWSP 05-008ICOA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Boynton Beach Lofts
Mr. Bradley D. Miller, AICP I Miller Land Planning Consultants,
Incorporated
AGENT:
AGENTS ADDRESS:
298 Pineapple Grove Way Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
April 5 and April 19, 2005
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct a mixed-use project
consisting of 48 dwelling units, 5,364 square feet of retail, 13,354
square feet of office, and a two (2) level parking garage on a 1.21-acre
parcel in the Mixed-Use Low Intensity zoning district.
LOCATION OF PROPERTY: 623 South Federal Highway
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 Community Redevelopment Agency 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:\PlanningISHAREDlWPIPROJECTSlBoynlon LoftslNWSP 05-008IDO.doc
MINUTES OF THE REGULAR MEETING OF THE COMMUNITY REDEVELOPMENT
AGENCY, HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH,
FLORIDA, ON THURSDAY, MARCH 17,2005 AT 6:30 P.M
Present:
Jeanne Heavilin, Chairperson
Henderson Tillman, Vice Chair
James Barretta
Alexander DeMarco
Don Fenton
Marie Horenburger
Steve Myott
I. Call to Order
Doug Hutchinson, CRA Director
Ken Spillias, Board Attorney
Susan Vielhauer, Controller
Chairperson Heavilin called the meeting to order at 6:32 p.m.
II. Roll Call
The Recording Secretary called the roll and declared all members were present.
III. Agenda Approval
A. Additions, Deletions, Corrections to the Agenda
Motion
Vice Chair Tillman moved to approve the agenda. Motion seconded by Mr. DeMarco
and unanimously carried.
B. Financial Report
IV. Consent Agenda
C. Consideration of Increasing the Travel Mileage Reimbursement from $.29
per mile to $.405 per mile
D. Consideration of Budget Transfer Request for the 2004-2005 Fiscal Year
Chairperson Heavilin pulled Item IV. D. from the Consent Agenda for discussion
E. Consideration of Fac;ade Grant Reimbursement Request for Colonial
Condo Association
F. Consideration of Fac;ade Grant Request for the Boynton Women's Club
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 17, 2005
Eric Johnson, Planner, requested that the three items for this project (land use
amendment and rezoning, new site plan and height exception) be heard together.
Motion
Vice Chair Tillman moved to remove the items from the table. Motion seconded by Ms.
Horenburger and unanimously carried.
Land Use Plan Amendment/Rezoninq (Tabled to March 17.2005)
2. Project:
Owner:
Location:
Description:
Boynton Beach Lofts (LUAR 05-003)
(Tabled to March 17, 2005)
Mr. Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
Mr. Louis F. Mascia/Boynton Motel LLC
623 South Federal Highway
Request to amend the Future Land Use
designation from Local Retail Commercial
(LRC) to Mixed Use (MX); and
Agent:
Request to rezone from Community
Commercial (C-3) to Mixed-Use Low (MU-L)
Eric Johnson, Planner, presented the items on behalf of staff and displayed the location
of the project on the location map. Staff reviewed the request for the land use and
rezoning and is recommending approval based upon the fact the requested land use
and rezoning is consistent with the Comprehensive Plan and the Federal Highway
Corridor Redevelopment Plan. Policy 1.13.3 of the Comprehensive Plan states that the
City shall continue to encourage infill development and redevelopment by implementing
actions of the Boynton Beach 20/20 Master Plan and the policies contained in the
Coastal Management Element.
Staff reviews Land Use Amendment/rezoning requests based on eight criteria and the
applicant has adequately addressed the eight criteria. The project is located within the
boundaries of the Federal Highway Corridor Study Area #4 that allows for mixed use
land use designations and mixed use low zoning category. They reviewed the project to
insure that adequate public facilities are in place to support the development and the
project has been reviewed for traffic concurrency, utilities, police and fire service,
drainage and school concurrency and the project will comply with all those components
at the time of permitting.
24
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 17, 2005
B. New Site Plan (Tabled to March 17.2005)
1.
Project:
Agent:
Owner:
Location:
Description:
Boynton Beach Lofts (NWSP 05-008)
(Tabled to March 17, 2005)
Mr. Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
Louis F. Mascia/Boynton Motel LLC
623 South Federal Highway
Request for new site plan approval to construct
a mixed-use project consisting of 48 multi-
family dwelling units, 5,364 square feet of retail
and 13,354 square feet of office on a 1.21 acre
parcel in a MU-L zoning district
Mr. Johnson displayed the site plan on the screen and noted the project consisted of
one building, comprised of two towers. There would be a five-story tower on the west
side, fronting on SE 4th Street and a six-story tower on the east side fronting on Federal
Highway. A two-story parking garage would be in the center of the two towers.
C. Heiqht Exception (Tabled to March 17. 2005)
1.
Project:
Agent:
Owner:
Location:
Description:
Boynton Beach Lofts (HTEX 05-001)
(Tabled to March 17, 2005) (Moved up on
the agenda)
Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
Louis F. Mascia/Boynton Motel LLC
623 South Federal Highway
Request for a height exception of three (3) feet
- two (2) inches pursuant to the City's Land
Development Regulations, Chapter 2, Zoning,
Section 4.F.2, to allow the mechanical room
housing elevator/stair tower to be 78 feet - two
(2) inches above the 75-foot maximum height
allowed in the Mixed-Use Low (MU-L) zoning
district.
The MUL zoning district allows for a maximum height of 75'. The building complies with
the height, but there is a portion of the building that exceeds the 75', which is an
elevator tower. The building itself is less than 75', but the portion that exceeds the 75' is
eligible for a height exception. The applicant is requesting a height exception of 3'2" and
staff has found the request reasonable and is recommending approval.
The project will have two points of ingress and one point of egress. One ingress would
be along Federal Highway and would be an entrance only. Egress would be only on SE
4 th Street.
25
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 17, 2005
The project will have 48 dwelling units that would be comprised of one and two bedroom
units that require 85 parking spaces. The project will have 5,364 square feet of retail
space on the bottom floor along Federal Highway and there will be 13,354 square feet
of ground-floor office space fronting SE 4th Street.
Under normal circumstances, 156 parking spaces would be required and the project
would have a deficit of 37 spaces. However, in the mixed use-low zoning district, they
can avail themselves of the Urban Land Institute's shared parking table methodology to
determine how many parking spaces are required. Using this methodology, the project
would require 116 parking spaces. The applicant will be providing 116 parking spaces,
plus three additional ones.
The project complies with the 20% pervious area. The applicant has proposed a large
area of landscaping along Federal Highway and Mr. Johnson displayed the landscape
plan. Staff is recommending that the previous area be decreased in order to create
more of a gathering place that would provide more walking and meeting areas.
Next displayed were the elevations of the project and photos were presented to the
Board. Mr. Johnson reviewed the elevations and stated that the building did comply with
MUL zoning district in terms of height. The building meets all the setback requirements
and requested that the architect discuss the architecture of the building itself. Mr.
Johnson pointed out that in the immediate area there is no "theme" and therefore
compatibility is not an issue.
There are 56 conditions of approval and Mr. Johnson stated the applicant agreed to all
56 conditions. There are no conditions of approval for the height exception and staff is
recommending approval of the land use amendment/rezoning. Mr. Johnson concluded
that the project would provide an economic contribution to the neighborhood and the
City.
Bradley Miller, of Miller Land Planning Consultants, represented the applicant,
Addison Properties of South Florida. Mr. Miller will address the three items
simultaneously. Also present with Mr. Miller was Francesco Perez, the architect of the
project, along with James Seifert of Addison Properties. Mr. Miller reviewed the project
as previously presented by staff. He explained that on top of the second story of the
garage there would be a recreational area for the residents of the community. The
recreational area would include a pool, cabana and landscaping that will provide a nice
area for the residents of the residential units.
Mr. Miller reviewed the colors of the building. The need for the height exception is due
to the elevator shaft and stairwells and is only required in one area. Only 2% % of the
entire roof area would exceed the 75' height limit. This would provide access for fire
apparatus to the roofline.
26
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 17, 2005
Mr. Miller reviewed the architecture of the buildings and noted the project has been
modified as a result of receiving input from staff and some of the Board members.
Features that have been added to the elevations include a cornice at the top of the
building, awnings above the balconies on the top floor of the building, some balconies
have been opened up, and they used more railing. Additional windows have been
introduced and the solid wall on the side of the building has been opened up to expose
the stairwell for visual relief on that side.
Similar features have been introduced on the Federal Highway side that Mr. Miller
reviewed. They have opened up the project to make it more visual.
Mr. Miller concurred with all 56 staff conditions and comments included in the staff
report. He noted a great majority of the comments relate to permit issues or are required
by another agency.
Mr. Myott inquired why comment #56 was still in the staff report that reads, "staff
recommends adding more architectural elements and accents to all facades to enhance
the overall appearance of the building." Mr. Myott inquired if this comment should be
removed from the comments.
Mr. Johnson responded that the applicant has not formally resubmitted revised plans.
Therefore, for the record, the plans being reviewed tonight reflect what the project is.
What Mr. Miller has presented and what he has shown staff are some enhancements
that will satisfy the Board's demands. Mr. Johnson was of the opinion that what the
applicant presented would satisfy condition #56, but he recommended it remain in the
conditions of approval until the plans are submitted to staff.
Mr. Barretta did not think that the enhancements addressed comment #56 because
comment #56 states architectural elements should be added to all facades and this has
not been presented for the two long facades where the garage is located. Mr. Barretta
felt comment #56 left the project open to a staff negotiated design that mayor may not
look like what was being presented tonight.
Mr. Barretta noted staff comment #55 states that aluminum framework inside the
"window" openings of the parking garage in order to enhance their appearance be
added. If the Board approves the project tonight, they will have no way to know what
the parking garage would look like. Recommendation #54 recommends installing more
brick pavers in the front to increase the size of the pedestrian/public gathering space,
which means the site plan would change. Mr. Barretta was opposed to approving a site
plan they would not know how it would look since this is negotiated with staff and
referred to several other staff conditions that would change the look of the project.
Mr. Barretta felt comment #47 appeared that staff wants the applicant to match the
quantities of the landscaping plan with the tabular data, which he equated to mean that
staff had some doubt what was presented would meet what was on the tabular data.
27
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 17, 2005
To Mr. Barretta, there were too many open-ended conditions for this Board to approve
the project tonight. He noted he had requested that the Board have an opportunity to
meet with staff to discuss these kind of open-ended conditions and he would
recommend the project be tabled and sent back to staff to readdress the conditions of
approval. Mr. Barretta will withhold his motion to table to allow the other members to
speak.
Mr. Francesco Perez, the architect, disagreed with Mr. Barretta comments and
requested he be allowed to address them. He met with Mr. Barretta and specifically
addressed his concerns and Mr. Barretta told him he was agreeable with the way they
were approaching the project. With regard to Comment #42 addressing the revised
massing model was made because the massing model showed that the two towers
exceeded the 75', which is not the case. Staff is requesting that they accurately show
that only one tower exceeds 75'. Mr. Perez did not consider staff comments to be loose
ends.
Regarding the tabular data for the landscape plan, this does not change the project and
he did not feel that the project should not be approved because of some tabular data.
With regard to comment #54 regarding staffs recommendation to install more brick
pavers, this has been reviewed with staff. He does not feel that adding some brick
pavers would significantly change the site plan, nor the look of the project. They have
done a good job with the project and have agreed to all staff conditions.
With regard to comment #55, the aluminum framing, this has been provided and is
included in the drawings submitted. In comment #56 where staff recommends more
architectural elements, they have also complied with this comment.
Mr. Barretta disagreed with Mr. Perez's comment that he met with him and addressed
his comments. Mr. Barretta stated that he met with Mr. Perez twice and felt that Mr.
Perez ignored his comments. He never told Mr. Perez that his comments were
addressed. Mr. Barretta would vote against the project because his comments
regarding the parking garage have been ignored. Mr. Barretta is recommending the
project be sent back to address the open-ended comments.
Discussion ensued regarding comment #43 dealing with the massing model. Mr. Miller
stated that the plans were prepared in accordance with the step back. Mr. Johnson
stated that this comment merely means that the dimensions of the step back need to be
shown on the massing model, which does not change the design of the building. Mr.
Johnson further stated if the dimensions meet code, there should be no problem and it
appears that the dimensions do meet code.
Mr. Miller stated the grillwork for the parking garage has been submitted and they have
addressed the sides of the building by opening up the stairwells and have provided
more windows on the north and south sides.
28
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 17, 2005
Members offered their individual views of the project and several members felt that the
windows needed more treatment.
Mr. DeMarco inquired if the applicant was complying with staff recommendations. Mr.
Johnson responded that staff recommendations are not required by code and the
applicant and staff have had discussions and stated that they agreed with all
recommendations. Mr. Johnson explained that when a project goes through the
Technical Review Committee that is when these issues are addressed. Staff makes
recommendations to make a better project and staff feels that the recommendations
would make the project better. He pointed out that the applicant is in agreement with
those recommendations.
Motion
Mr. Barretta moved to table the site plan approval to allow the applicant to address staff
conditions and that the site plan come back to the Board without any conditions
because they would have been addressed. Motion seconded by Mr. Fenton
The Recording Secretary called the roll and the motion to table the site plan carried 4-3
(Chairperson Heavilin, Mr. DeMarco and Mr. Myott dissenting).
Mike Rumpf, Planning and Zoning Director, explained that staff brings the items to the
Board with full knowledge that some of the comments are open-ended. The purpose of
this is to keep a "hook" on the project and it allows the members to interject and
participate in the process. What the Board just did was not provide staff with specific
comments and direction, but sent everything back to the drawing board to begin all over
again.
Mr. Barretta stated that at the CRA retreat they discussed the availability of a petitioner
being able to come before the CRA Board for preliminary review for specific comments.
Mr. Miller requested that they be provided with some specific direction and Chairperson
Heavilin explained that the item has been tabled and therefore it cannot be discussed
any further. Individual Board members, however, could convey their concerns to the
applicant.
Chairperson Heavilin opened the public hearing on the Future Land Use designation for
Boynton Beach Lofts. Since no one wished to speak, the public hearing was closed.
Chairperson Heavilin opened the public hearing on the request to rezone from
Community Commercial (C-3) to Mixed-Use Low (MU-L) for Boynton Beach Lofts.
Since no one wished to speak, the public hearing was closed.
Chairperson Heavilin opened the public hearing on the request for height exception for
Boynton Beach Lofts. Since no one wished to speak, the public hearing was closed.
29
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 17, 2005
Motion
Ms. Horenburger moved to approve the request to amend the Future Land Use
designation from Local Retail Commercial (LRC) to Mixed Use (MX). Motion seconded
by Mr. Barretta and unanimously carried.
Motion
Ms. Horenburger moved to approve the request to rezone from Community Commercial
(C-3) to Mixed-Used Low (MU-L) with the restriction on retail uses. Motion seconded by
Vice Chair Tillman and unanimously carried.
Motion
Ms. Horenburger moved to approve the request for a height exception for three (3) feet-
two (2) inches. Motion seconded by Mr. Barretta.
Chairperson Heavilin questioned if the height exception should be approved without site
plan approval.
Mr. Hutchinson stated that the remainder of the meeting would have to be continued.
He recommended that the height exception, along with the site plan, be tabled to a
future date and perhaps the items could be brought back to the continued meeting
along with the site plan. It was noted that the site plan had already been tabled.
After discussion, it was determined to continue the meeting to Wednesday, March
23, 2005 at 6:30 p.m. in Commission Chambers.
Motion
Ms. Horenburger withdrew her motion to approve the request for a height exception and
Mr. Barretta withdrew his second of the motion.
Motion
Ms. Horenburger moved to table the height exception for consideration with the site
plan. Motion seconded by Vice Chair Tillman and unanimously carried.
Attorney Spillias noted that Mr. Barretta's motion was to table the site plan and send it
back to staff. Therefore, it needs to be determined if staff and the applicant could get
together before Wednesday to address the issues that were raised.
Mr. Rumpf stated that staff needed direction. It was just stated that the applicant would
be given time to meet with the individual Board members for their direction regarding
the site plan. He did not think there was enough time between now and Wednesday for
30
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 17, 2005
staff to meet with the applicant to review revisions and reformulate the site plan in
writing.
Attorney Spillias noted that since Wednesday is a continued meeting, the site plan
would appropriately be on the Board's next regular agenda for April and on Wednesday
the Board would deal with the remainder of the agenda.
2.
Project:
Agent:
Owner:
Location:
Description:
Barr Property (NWSP 04-013 (Tabled to
March 17, 2005 (Addressed previously)
John Barr, Cornerstone Premier Communities
BMVFL-1, Inc.
1801 NE 4th Street
Request new site plan approval for a 180-unit
townhome development on a 9.88 acre parcel
in a proposed PUD zoning district
C. Heiaht Exception (Tabled to March 17,2005)
1.
Project:
Agent:
Owner:
Location:
Description:
Motion
VII. Old Business
Boynton Beach Lofts (HTEX 05-001)
(Tabled to March 17, 2005) (Moved up on
the Agenda)
Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
Louis F. Mascia/Boynton Motel LLC
623 South Federal Highway
Request for a height exception of three (3) feet
- two (2) inches pursuant to the City's Land
Development Regulations, Chapter 2, Zoning,
Section 4.F.2, to allow the mechanical room
housing elevator/stair tower to be 78 feet - two
(2) inches above the 75-foot maximum height
allowed in the Mixed-Use Low (MU-L) zoning
district.
A. Consideration of Direct Incentive Program for Cornerstone Development's
Barr Property Project (Tabled to March 17, 2005) (moved up on the
agenda)
Mr. Barretta moved to continue the meeting to Wednesday, March 23, 2005 at 6:30 p.m.
Motion seconded by Ms. Horenburger and unanimously carried.
31
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 17, 2005
There being no further business the meeting adjourned at 10:50 p.m. and the remainder
of the agenda was continued to March 23, 2005 at 6:30 p.m.
Respectfully submitted,
~#.I1~
Barbara M. Madden
Recording Secretary
(March 22, 2005)
32
/f
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VIII.-PUBLIC HEARING
ITEM A.,L
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
D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon)
[gJ April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17, 2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2?05 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM [gJ Public Hearing D Legal
D Bids D UnfInished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the April 19, 2005 City Commission Agenda under Public
Hearing to be combined with the corresponding items for Land Use Amendment and Rezoning. The Community
Redevelopment Agency Board reviewed this request on April 12, 2005, and forwards this item with a recommendation for
approval. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-
009.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Lofts (HTEX 05-001)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc,
Louis F. Mascia/Boynton Motel LLC
623 South Federal Highway
Request for a height exception of three (3) feet - two (2) inches pursuant to the City's
Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the
mechanical room housing elevator / stair tower to be 78 feet - two (2) inches in height, a
distance of three (3) feet - two 2) inches above the 75-foot maximum height allowed in
the Mixed-Use Low (MU-L) zoning district.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Develo ment De artment Di
J-.()~
Planning an Zoning Director City Attorney I Finance I Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynton Lofts\HTEX 05-00 I \Agenda Item Request Boynton Beach Lofts HTEX 05-001 4-19-05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05.009
Chair and Members
Community Redevelopment Agency Board
Michael Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP ~
Planner {J
February 2, 2005
Boynton Beach Lofts I HTEX 05-001
Height exception of three (3) feet - two (2) Inches
PROJECT DESCRIPTION
Property Owner:
Applicant:
Agent:
Location:
Mr. Louis F. Mascia I Boynton Motel, LLC
Mr. James A. Seifert I Addison Properties of South Florida, Incorporated
Mr. Bradley D. Miller, AICP I Miller Land Planning Consultants, Incorporated
623 South Federal Highway
ExIsting Land Use: Local Retail Commercial (LRC)
ExIsting Zoning:
Community Commercial (C-3)
Proposed Land Use: Mixed Use (MX)
Proposed Zoning: Mixed Use-Low Intensity (MU-L)
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
East:
Office
Retail
Residential
13,354 square feet
5,364 square feet
48 condominium units
52,542 square feet (1.21 acres)
Vacant commercial property dasslffed Local Retail Commerdal (LRC) land use and
zoned Community Commercial (C-3)i
Developed commercial properties (offices) dasslf'fed Local Retail Commercial (LRC)
land use and zoned Community Commercial (C-3);
Right-of-way for Federal Highway, then further east Is developed multi-family
residential (sterling Village) dasslffed High Density Residential (HDR) land use and
zoned Multi-family Residential (R-3);
Page 2
Memorandum No. PZ 05-009
West:
Right-of-way for Southeast 4th Street, then further west Is an active park (Pence
Park) classified Recreational (R) land use and zoned Recreation (REC).
BACKGROUND
Mr. Bradley Miller, AICP, agent for the property owner (Boynton Motel, LLC) is requesting to develop a
mixed-use project. The survey shows that the subject property is currently developed with a one (1)-
story motel building and related parking areas. The intent is to raze the existing building and redevelop
the site with a single mixed-use building consisting of two (2) towers and an interior parking garage. At
the roofline, the parking garage would be two (2) stories at 24 feet in height, the west tower would be
five (5) stories at 58 feet in height, and the east tower, proposed along Federal Highway, would be six
(6) stories at 68 feet - eight (8) inches in height. Approval of the site plan, as proposed, is contingent
upon the approval of this request for height exception and accompanying request to rezone (LUAR 05-
003) the property from Community Commercial (C-3) to Mixed-Use Low Intensity (MU-L). The district
allows a maximum height of 75 feet (as a permitted use) and a residential density of 40 dwelling units
per acre for mixed-use projects. The applicant submitted a request for height exception (HTEX 05-001)
because as proposed, a portion of the building would exceed the 75-foot height threshold. The project is
to be built within one (1) phase with an anticipated completion date of January of 2007.
ANALYSIS
The property is currently zoned C-3. The C-3 zoning district allows for a maximum building height of 45
feet. As previously mentioned, the applicant is concurrently requesting to rezone the property to MU-L.
Part of the justification to rezone to MU-L is to proVide developers with greater options for development
and redevelopment projects in and around the downtown area. The objective of the mixed-use zoning
districts, in part, is to support and stimulate revitalization efforts in the city's Community Redevelopment
Agency area. Staff recognizes that a viable downtown and surrounding areas would have a mixture of
uses with higher residential densities.
The MU-L zoning district is appropriate for low to mid-rise development that provides for medium density
residential uses. The MU-L zoning district allows for a maximum building height of 75 feet, by right.
Except as described herein, building heights may exceed that threshold but only as approved via
conditional use. The standards for evaluating a conditional use are different from the standards for
evaluating a height exception.
Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations and Exceptions,
states that in considering an application for 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. The citywide maximum height of 45 feet would
generally limit a typical building to four (4) stories. The MU-L zoning district allows for a maximum
building height by right at 75 feet. The elevations show that a portion of the building exceeds the 75-foot
threshold. However, this project will not be reviewed as a conditional use because the height of the
building (according to the definition of building height) would actually range between 68 feet - eight (8)
Inches and 75 feet, which is below the 75-foot threshold. Only the top portion of the stairwell would be
higher than 75 feet. An emergency stairwell and elevator shaft are the types of building appurtenances
that may exceed the zoning district's height limitation and be eligible for height exception review. In this
case, the top of the stairwell Is proposed at 78 feet - two (2) Inches in height. The top of the elevator
core would be 76 feet In height. Approval of the height exception request for the stairwell would cover
Page 3
Memorandum No. PZ 05-009
the elevator tower, both of which occur on the east tower. The aforementioned structures would account
for only a small percentage of the entire roof. In fact, the roof plan (sheet A216) shows that the roof
area of the east tower would be 11,416 square feet in area. The size of the roof of the stairwell would be
207 square feet in area. Likewise, the roof of the elevator core would be 86 square feet in area. Both
appurtenances would be a combined total of 293 square feet or 2.5% of the entire roof of the east tower.
The stairwell would be necessary to provide access to the roof. The elevator core is necessary for the
operation of the elevator. Allowance of these heights would not severely reduce light and / or air in the
adjacent areas. The applicant claims that the height exception would not adversely effect property values
in adjacent areas or adversely influence the living conditions in neighboring communities. Staff concurs.
Granting of this height exception does not constitute a special privilege to the current property owner.
RECOMMENDATION
In the accompanying reports, staff is recommending approval of the site plan and request to rezone to the
MU-L zoning district. The City has made every effort to change and create zoning districts (CSD, MU-L,
MU-H) that will accommodate a mix of uses, innovative and attractive building designs, and viable
residential densities (as determined by the market) to act as a catalyst for downtown redevelopment. As
to the issue of height, staff recommends approval of the height exception request of three (3) feet - two
(2) inches. This would allow the top of the stairwell to be designed at 78 feet - two (2) inches in height.
Any conditions recommended by the Soard or City Commission would be placed in Exhibit "c" - Conditions
of Approval.
S:\PlanningISHAREDIWPIPROJECTSIBoynlon LoftslHTEX 05.001\Staff Report.doc
Exhibit 'A' - Location Map
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BOYNTON BEACH LOFTS
623 SOUTH FEDEIlAL HtOHWA Y
BO'/NTON BEAa-f - FI. 33435-.835
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EXHIBIT "C"
Conditions of Approval
Project name: Boynton Beach Lofts
File number: HTEX 05-001
Reference: Elevations dated January 18, 2005
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
I Comments: None FIRE I
X
, Comments POLICE I
None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
1. None X
Page 2
Boynton Beach Lofts
File No,: HTEX 05-001
I DEPARTMENTS I INCLUDE I REJECT I
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
1. To be determined.
S: IPlanning\SHAREDI WPIPROJECTS\Boynton LoftslHTEX 05.001 \COAdoc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Boynton Beach Lofts (HTEX 05-001)
AGENT: Bradley D. Miller, AICP/Miller Land Planning Consultants Inc.
AGENT'S ADDRESS: 298 Pineapple Grove Way, Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 5 and April 19, 2005
TYPE OF RELIEF SOUGHT: Request a three (3) foot - two (2) inch height exception for a mixed-use
project on a 1.21-acre parcel in the Mixed-Use Low Intensity (MU-L)
zoning district.
LOCATION OF PROPERTY: 623 South Federal Highway
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 Community Redevelopment Agency 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:
S: IPlanninglSHAREDI WPIPROJECTSIBoynton LoftsIHTEX 05-001 \DO.doc
City Clerk
MINUTES OF THE REGULAR MEETING OF THE COMMUNITY REDEVELOPMENT
AGENCY, HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH,
FLORIDA, ON THURSDAY, MARCH 17,2005 AT 6:30 P.M
Present:
Jeanne Heavilin, Chairperson
Henderson Tillman, Vice Chair
James Barretta
Alexander DeMarco
Don Fenton
Marie Horenburger
Steve Myott
I. Call to Order
Doug Hutchinson, CRA Director
Ken Spillias, Board Attorney
Susan Vielhauer, Controller
.
Chairperson Heavilin called the meeting to order at 6:32 p.m.
II. Roll Call
The Recording Secretary called the roll and declared all members were present.
III. Agenda Approval
A. Additions, Deletions, Corrections to the Agenda
Motion
Vice Chair Tillman moved to approve the agenda. Motion seconded by Mr. DeMarco
and unanimously carried.
B. Financial Report
IV. Consent Agenda
C. Consideration of Increasing the Travel Mileage Reimbursement from $.29
per mile to $.405 per mile
D. Consideration of Budget Transfer Request for the 2004-2005 Fiscal Year
Chairperson Heavilin pulled Item IV. D. from the Consent Agenda for discussion
E. Consideration of FaQade Grant Reimbursement Request for Colonial
Condo Association
F. Consideration of Fayade Grant Request for the Boynton Women's Club
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 17,2005
Eric Johnson, Planner, requested that the three items for this project (land use
amendment and rezoning, new site plan and height exception) be heard together.
Motion
Vice Chair Tillman moved to remove the items from the table. Motion seconded by Ms.
Horenburger and unanimously carried.
Land Use Plan AmendmenURezoninQ (Tabled to March 17.2005)
2. Project:
Agent:
Boynton Beach Lofts (LUAR 05-003)
(Tabled to March 17,2005)
Mr. Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
Mr. Louis F. Mascia/Boynton Motel LLC
623 South Federal Highway
Request to amend the Future Land Use
designation from Local Retail Commercial
(LRC) to Mixed Use (MX); and
Owner:
Location:
Description:
Request to rezone from Community
Commercial (C-3) to Mixed-Use Low (MU-L)
Eric Johnson, Planner, presented the items on behalf of staff and displayed the location
of the project on the location map. Staff reviewed the request for the land use and
rezoning and is recommending approval based upon the fact the requested land use
and rezoning is consistent with the Comprehensive Plan and the Federal Highway
Corridor Redevelopment Plan. Policy 1.13.3 of the Comprehensive Plan states that the
City shall continue to encourage infill development and redevelopment by implementing
actions of the Boynton Beach 20/20 Master Plan and the policies contained in the
Coastal Management Element.
Staff reviews Land Use AmendmenUrezoning requests based on eight criteria and the
applicant has adequately addressed the eight criteria. The project is located within the
boundaries of the Federal Highway Corridor Study Area #4 that allows for mixed use
land use designations and mixed use low zoning category. They reviewed the project to
insure that adequate public facilities are in place to support the development and the
project has been reviewed for traffic concurrency, utilities, police and fire service,
drainage and school concurrency and the project will comply with all those components
at the time of permitting.
24
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 17, 2005
B. New Site Plan (Tabled to March 17.2005)
1.
Project:
Agent:
Owner:
Location:
Description:
Boynton Beach Lofts (NWSP 05-008)
(Tabled to March 17, 2005)
Mr. Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
Louis F. Mascia/Boynton Motel LLC
623 South Federal Highway
Request for new site plan approval to construct
a mixed-use project consisting of 48 multi-
family dwelling units, 5,364 square feet of retail
and 13,354 square feet of office on a 1.21 acre
parcel in a MU-L zoning district
Mr. Johnson displayed the site plan on the screen and noted the project consisted of
one building, comprised of two towers. There would be a five-story tower on the west
side, fronting on SE 4th Street and a six-story tower on the east side fronting on Federal
Highway. A two-story parking garage would be in the center of the two towers.
C. Heiaht Exception (Tabled to March 17.2005)
1.
Project:
Agent:
Owner:
Location:
Description:
Boynton Beach Lofts (HTEX 05-001)
(Tabled to March 17, 2005) (Moved up on
the agenda)
Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
Louis F. Mascia/Boynton Motel LLC
623 South Federal Highway
Request for a height exception of three (3) feet
- two (2) inches pursuant to the City's Land
Development Regulations, Chapter 2, Zoning,
Section 4.F .2, to allow the mechanical room
housing elevator/stair tower to be 78 feet - two
(2) inches above the 75-foot maximum height
allowed in the Mixed-Use Low (MU-L) zoning
district.
The MUL zoning district allows for a maximum height of 75'. The building complies with
the height, but there is a portion of the building that exceeds the 75', which is an
elevator tower. The building itself is less than 75', but the portion that exceeds the 75' is
eligible for a height exception. The applicant is requesting a height exception of 3'2" and
staff has found the request reasonable and is recommending approval.
The project will have two points of ingress and one point of egress. One ingress would
be along Federal Highway and would be an entrance only. Egress would be only on SE
4th Street.
25
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 17, 2005
The project will have 48 dwelling units that would be comprised of one and two bedroom
units that require 85 parking spaces. The project will have 5,364 square feet of retail
space on the bottom floor along Federal Highway and there will be 13,354 square feet
of ground-floor office space fronting SE 4th Street.
Under normal circumstances, 156 parking spaces would be required and the project
would have a deficit of 37 spaces. However, in the mixed use-low zoning district, they
can avail themselves of the Urban Land Institute's shared parking table methodology to
determine how many parking spaces are required. Using this methodology, the project
would require 116 parking spaces. The applicant will be providing 116 parking spaces,
plus three additional ones.
The project complies with the 20% pervious area. The applicant has proposed a large
area of landscaping along Federal Highway and Mr. Johnson displayed the landscape
plan. Staff is recommending that the previous area be decreased in order to create
more of a gathering place that would provide more walking and meeting areas.
Next displayed were the elevations of the project and photos were presented to the
Board. Mr. Johnson reviewed the elevations and stated that the building did comply with
MUL zoning district in terms of height. The building meets all the setback requirements
and requested that the architect discuss the architecture of the building itself. Mr.
Johnson pointed out that in the immediate area there is no "theme" and therefore
compatibility is not an issue.
There are 56 conditions of approval and Mr. Johnson stated the applicant agreed to all
56 conditions. There are no conditions of approval for the height exception and staff is
recommending approval of the land use amendment/rezoning. Mr. Johnson concluded
that the project would provide an economic contribution to the neighborhood and the
City.
Bradley Miller, of Miller land Planning Consultants, represented the applicant,
Addison Properties of South Florida. Mr. Miller will address the three items
simultaneously. Also present with Mr. Miller was Francesco Perez, the architect of the
project, along with James Seifert of Addison Properties. Mr. Miller reviewed the project
as previously presented by staff. He explained that on top of the second story of the
garage there would be a recreational area for the residents of the community. The
recreational area would include a pool, cabana and landscaping that will provide a nice
area for the residents of the residential units.
Mr. Miller reviewed the colors of the building. The need for the height exception is due
to the elevator shaft and stairwells and is only required in one area. Only 2% % of the
entire roof area would exceed the 75' height limit. This would provide access for fire
apparatus to the roofline.
26
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 17, 2005
Mr. Miller reviewed the architecture of the buildings and noted the project has been
modified as a result of receiving input from staff and some of the Board members.
Features that have been added to the elevations include a cornice at the top of the
building, awnings above the balconies on the top floor of the building, some balconies
have been opened up, and they used more railing. Additional windows have been
introduced and the solid wall on the side of the building has been opened up to expose
the stairwell for visual relief on that side.
Similar features have been introduced on the Federal Highway side that Mr. Miller
reviewed. They have opened up the project to make it more visual.
Mr. Miller concurred with all 56 staff conditions and comments included in the staff
report. He noted a great majority of the comments relate to permit issues or are required
by another agency.
Mr. Myott inquired why comment #56 was still in the staff report that reads, "staff
recommends adding more architectural elements and accents to all facades to enhance
the overall appearance of the building." Mr. Myott inquired if this comment should be
removed from the comments.
Mr. Johnson responded that the applicant has not formally resubmitted revised plans.
Therefore, for the record, the plans being reviewed tonight reflect what the project is.
What Mr. Miller has presented and what he has shown staff are some enhancements
that will satisfy the Board's demands. Mr. Johnson was of the opinion that what the
applicant presented would satisfy condition #56, but he recommended it remain in the
conditions of approval until the plans are submitted to staff.
Mr. Barretta did not think that the enhancements addressed comment #56 because
comment #56 states architectural elements should be added to all facades and this has
not been presented for the two long facades where the garage is located. Mr. Barretta
felt comment #56 left the project open to a staff negotiated design that mayor may not
look like what was being presented tonight.
Mr. Barretta noted staff comment #55 states that aluminum framework inside the
"window" openings of the parking garage in order to enhance their appearance be
added. If the Board approves the project tonight, they will have no way to know what
the parking garage would look like. Recommendation #54 recommends installing more
brick pavers in the front to increase the size of the pedestrian/public gathering space,
which means the site plan would change. Mr. Barretta was opposed to approving a site
plan they would not know how it would look since this is negotiated with staff and
referred to several other staff conditions that would change the look of the project.
Mr. Barretta felt comment #47 appeared that staff wants the applicant to match the
quantities of the landscaping plan with the tabular data, which he equated to mean that
staff had some doubt what was presented would meet what was on the tabular data.
27
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 17, 2005
To Mr. Barretta, there were too many open-ended conditions for this Board to approve
the project tonight. He noted he had requested that the Board have an opportunity to
meet with staff to discuss these kind of open-ended conditions and he would
recommend the project be tabled and sent back to staff to readdress the conditions of
approval. Mr. Barretta will withhold his motion to table to allow the other members to
speak.
Mr. Francesco Perez, the architect, disagreed with Mr. Barretta comments and
requested he be allowed to address them. He met with Mr. Barretta and specifically
addressed his concerns and Mr. Barretta told him he was agreeable with the way they
were approaching the project. With regard to Comment #42 addressing the revised
massing model was made because the massing model showed that the two towers
exceeded the 75', which is not the case. Staff is requesting that they accurately show
that only one tower exceeds 75'. Mr. Perez did not consider staff comments to be loose
ends.
Regarding the tabular data for the landscape plan, this does not change the project and
he did not feel that the project should not be approved because of some tabular data.
With regard to comment #54 regarding staffs recommendation to install more brick
pavers, this has been reviewed with staff. He does not feel that adding some brick
pavers would significantly change the site plan, nor the look of the project. They have
done a good job with the project and have agreed to all staff conditions.
With regard to comment #55, the aluminum framing, this has been provided and is
included in the drawings submitted. In comment #56 where staff recommends more
architectural elements, they have also complied with this comment.
Mr. Barretta disagreed with Mr. Perez's comment that he met with him and addressed
his comments. Mr. Barretta stated that he met with Mr. Perez twice and felt that Mr.
Perez ignored his comments. He never told Mr. Perez that his comments were
addressed. Mr. Barretta would vote against the project because his comments
regarding the parking garage have been ignored. Mr. Barretta is recommending the
project be sent back to address the open-ended comments.
Discussion ensued regarding comment #43 dealing with the massing model. Mr. Miller
stated that the plans were prepared in accordance with the step back. Mr. Johnson
stated that this comment merely means that the dimensions of the step back need to be
shown on the massing model, which does not change the design of the building. Mr.
Johnson further stated if the dimensions meet code, there should be no problem and it
appears that the dimensions do meet code.
Mr. Miller stated the grillwork for the parking garage has been submitted and they have
addressed the sides of the building by opening up the stairwells and have provided
more windows on the north and south sides.
28
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 17, 2005
Members offered their individual views of the project and several members felt that the
windows needed more treatment.
Mr. DeMarco inquired if the applicant was complying with staff recommendations. Mr.
Johnson responded that staff recommendations are not required by code and the
applicant and staff have had discussions and stated that they agreed with all
recommendations. Mr. Johnson explained that when a project goes through the
Technical Review Committee that is when these issues are addressed. Staff makes
recommendations to make a better project and staff feels that the recommendations
would make the project better. He pointed out that the applicant is in agreement with
those recommendations.
Motion
Mr. Barretta moved to table the site plan approval to allow the applicant to address staff
conditions and that the site plan come back to the Board without any conditions
because they would have been addressed. Motion seconded by Mr. Fenton
The Recording Secretary called the roll and the motion to table the site plan carried 4-3
(Chairperson Heavilin, Mr. DeMarco and Mr. Myott dissenting).
Mike Rumpf, Planning and Zoning Director, explained that staff brings the items to the
Board with full knowledge that some of the comments are open-ended. The purpose of
this is to keep a "hook" on the project and it allows the members to interject and
participate in the process. What the Board just did was not provide staff with specific
comments and direction, but sent everything back to the drawing board to begin all over
again.
Mr. Barretta stated that at the CRA retreat they discussed the availability of a petitioner
being able to come before the CRA Board for preliminary review for specific comments.
Mr. Miller requested that they be provided with some specific direction and Chairperson
Heavilin explained that the item has been tabled and therefore it cannot be discussed
any further. Individual Board members, however, could convey their concerns to the
applicant.
Chairperson Heavilin opened the public hearing on the Future Land Use designation for
Boynton Beach Lofts. Since no one wished to speak, the public hearing was closed.
Chairperson Heavilin opened the public hearing on the request to rezone from
Community Commercial (C-3) to Mixed-Use Low (MU-L) for Boynton Beach Lofts.
Since no one wished to speak, the public hearing was closed.
Chairperson Heavilin opened the public hearing on the request for height exception for
Boynton Beach Lofts. Since no one wished to speak, the public hearing was closed.
29
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 17, 2005
Motion
Ms. Horenburger moved to approve the request to amend the Future Land Use
designation from Local Retail Commercial (LRC) to Mixed Use (MX). Motion seconded
by Mr. Barretta and unanimously carried.
Motion
Ms. Horenburger moved to approve the request to rezone from Community Commercial
(C-3) to Mixed-Used Low (MU-L) with the restriction on retail uses. Motion seconded by
Vice Chair Tillman and unanimously carried.
Motion
Ms. Horenburger moved to approve the request for a height exception for three (3) feet-
two (2) inches. Motion seconded by Mr. Barretta.
Chairperson Heavilin questioned if the height exception should be approved without site
plan approval.
Mr. Hutchinson stated that the remainder of the meeting would have to be continued.
He recommended that the height exception, along with the site plan, be tabled to a
future date and perhaps the items could be brought back to the continued meeting
along with the site plan. It was noted that the site plan had already been tabled.
After discussion, it was determined to continue the meeting to Wednesday, March
23, 2005 at 6:30 p.m. in Commission Chambers.
Motion
Ms. Horenburger withdrew her motion to approve the request for a height exception and
Mr. Barretta withdrew his second of the motion.
Motion
Ms. Horenburger moved to table the height exception for consideration with the site
plan. Motion seconded by Vice Chair Tillman and unanimously carried.
Attorney Spillias noted that Mr. Barretta's motion was to table the site plan and send it
back to staff. Therefore, it needs to be determined if staff and the applicant could get
together before Wednesday to address the issues that were raised.
Mr. Rumpf stated that staff needed direction. It was just stated that the applicant would
be given time to meet with the individual Board members for their direction regarding
the site plan. He did not think there was enough time between now and Wednesday for
30
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 17, 2005
staff to meet with the applicant to review revisions and reformulate the site plan in
writing.
Attorney Spillias noted that since Wednesday is a continued meeting, the site plan
would appropriately be on the Board's next regular agenda for April and on Wednesday
the Board would deal with the remainder of the agenda.
2.
Project:
Agent:
Owner:
Location:
Description:
Barr Property (NWSP 04-013 (Tabled to
March 17, 2005 (Addressed previously)
John Barr, Cornerstone Premier Communities
BMVFL-1, Inc.
1801 NE 4th Street
Request new site plan approval for a 180-unit
townhome development on a 9.88 acre parcel
in a proposed PUD zoning district
C. Heioht Exception (Tabled to March 17, 2005)
1.
Project:
Agent:
Owner:
Location:
Description:
Motion
VII. Old Business
Boynton Beach Lofts (HTEX 05-001)
(Tabled to March 17, 2005) (Moved up on
the Agenda)
Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
Louis F. Mascia/Boynton Motel LLC
623 South Federal Highway
Request for a height exception of three (3) feet
- two (2) inches pursuant to the City's Land
Development Regulations, Chapter 2, Zoning,
Section 4.F.2, to allow the mechanical room
housing elevator/stair tower to be 78 feet - two
(2) inches above the 75-foot maximum height
allowed in the Mixed-Use Low (MU-L) zoning
district.
A. Consideration of Direct Incentive Program for Cornerstone Development's
Barr Property Project (Tabled to March 17, 2005) (moved up on the
agenda)
Mr. Barretta moved to continue the meeting to Wednesday, March 23, 2005 at 6:30 p.m.
Motion seconded by Ms. Horenburger and unanimously carried.
31
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 17, 2005
There being no further business the meeting adjourned at 10:50 p.m. and the remainder
of the agenda was continued to March 23, 2005 at 6:30 p.m.
Respectfully submitted,
~#.#~
Barbara M. Madden
Recording Secretary
(March 22, 2005)
32
Q(
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
IX. - CITY MANAGER'S
REPORT
ITEM A
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
D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16, 2005 (Noon)
IZI April 19, 2005 April 4, 2005 (Noon) D June 21,2005 June 6, 2005 (Noon)
D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17, 2005 May 2, 2005 (Noon) D July 19, 2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF IZI Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION:
City Commission review of the three (3) short-listed engineering consultants for the West Water Treatment Plant
Improvements based on the following options:
I. City Commission to hear formal presentations of the three (3) short-listed engineering consultants listed below. Said
presentation would take place at the April 19, 2005 City Commission with a Commission prior to final selection of
the top ranked Consultant.
2. Commission authorize, by motion, selection of top-ranked firm based on staff selection committee review. This
would allow staff to negotiate a cost of services and return to the Commission with a final recommendation for
contract award or to go to the second ranked firm (there are two second ranked firms making this option difficult if
staff is unable to negotiate a contract with the top-ranked firm.)
EXPLANATION:
On December 26, 2004, the City issued a Request for Qualifications (RFQ), soliciting the services of a consulting engineer for
providing professional services related to the West Water Treatment Plant Improvement Project. Said project includes
improvements to the water system interconnection with Palm Beach County; the addition of filter vessels to increase water
treatment capacity; replacement of current gaseous chlorine system with an on-site generation system; re-design of the
facility's roofing system to meet current wind load requirements; installation of an additional emergency generator and fuel
tank; and other miscellaneous improvements.
On April 8, 2005 a selection committee consisting of Chief Marshall Gage, Chief Bill Bingham, Ms. Laurinda Logan and Mr.
Kofi Boateng, P.E. met to review the responses to the RFQ received from the seven (7) consulting engineering firms that
submitted responses to the RFQ and to develop a "short-list" of the three most qualified firms, for further consideration.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Q(
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
The seven firms that presented a response to the RFQ were as follows:
I. Arcadis
2. Calvin, Giordano & Associates
3. Carollo Engineers
4. Hazen and Sawyer
5. Jordan Jones & Goulding
6. Kimley-Horn and Associates
7. Metcalf & Eddy
The three (3) firms selected as short-listed engineering consultants for this project are as follows:
I. Kimley - Horn = 69 points
2. Jordan, Jones & Goulding = 65 points
3. Hazen and Sawyer = 65 points
Final rankings will be determined upon conclusion of the interview process.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Q(
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT:
Improvements to the West Water Treatment Plant are necessary in order to maximize water treatment capacity, improve
safety and reliability, and upgrade instrumentation and controls systems.
FISCAL IMPACT:
Capital costs for these improvements were estimated by staff last year at approximately $3,400,000. Consulting fees for this
project may range between 7% and 10% of capital costs, depending on the final, negotiated scope of services.
AL TERNA TIVES:
Some or none of these improvements may be implemented by the City, thus maintaining current facilities' vulnerability,
limiting plant water treatment capacity, and continued reliance on Palm Beach County to operate and meter the potable water
interconnection at the West Water Treatment Plant.
~D ~~_ ......~~
Department Head's Signature
Kofi A. Boateng, P.E.
Director of Utilities
~
City Manager's Signature
Kurt Bressner
U~I L-l II E:S'
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
West Water Treatment Plant Improvements
April 12, 2005
Plant Innprovennent Estinnated Cost Connnnents
New Emergency Generator and Fuel $800,000 Needed to build redundancy
Tank into the emergency power
generation system. Complex
Electrical and Mechanical
Engineering effort.
New Vertical Cartridge Filter $600,000 Needed for increased
treatment capacity. Relatively
straight-forward mechanical
engineering effort.
Additional Pressure Vessels and $400,000 Needed for increased
Replacement of Existing Membrane capacity. Relatively straight-
Elements forward mechanical
engineering effort.
Conversion from Gaseous Chlorine to $1,000,000 Needed to eliminate risk of
On-site Generation Facility cWorine leakage. Relatively
complex Mechanical and
electrical engineerinl:!: effort.
Upgrade Roof $140,000 Needed to improve roof
structure resistance to
hurricane force winds.
New Finish Water Pump and related $200,000 Needed to improve delivery
Instrumentation and Controls of finish water to customers.
Relatively straight-forward
mechanical and electrical
enl:!:ineering effort.
Plant Security Upgrades $100,000 Needed to address results of
consultant's Vulnerability
Assessment Report.
Relatively straight forward,
vendor-supplied effort.
Water Interconnection Valve, Metering $100,000 Needed to control and
and Instrumentation and Controls monitor amount of water
received from Palm Beach
County. Relatively straight
forward mechanical and
electrical engineering effort.
Total Estimated Cost $3,400,000
The City of
Boynton Beach
Procurement Services
100 E. Boynton Beach Boulevard
Po. Box 310
Boynton Beach, Florida 33425-0310
Telephone No: (561) 742-6310
FAX: (561) 742-6316
REQUEST FOR QUALIFICATIONS INVITATION
FROM ENGINEERS
FOR
"WEST WATER TREATMENT PLANT IMPROVEMENTS"
RFQ # 017-2821-05/CJD
Sealed 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:
JANUARY 18.2005. 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 read aloud. 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.
Any questions relative to any item(s) or portion of this RFQ should be directed to Carol Doppler,
CPPB, Senior Buyer (561) 742-6323.
America's Gateway to the Gulfstream
The following language is made a part of and is to be included in the specifications hereto
attached:
SCOPE OF SERVICES: The City of Boynton Beach is seeking Engineering Services for
the West Water Treatment Plant Improvements which are needed to meet the current
demands of the water supply as well as improve the facility's roofing system to meet
current building code requirements. The West Water Treatment Plant is located at: 5469
W. Boynton Beach Blvd., Boynton Beach, Florida. Respondents must have an office within
a fifty (50) mile radius of the City of Boynton Beach.
ATTENTION ALL INTERESTED QUALIFIERS:
Due to the expense in mailing, complete sets of specifications are available for pick-up or will be
mailed to your office upon request.
Contact: CITY OF BOYNTON BEACH PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
(561) 742-6323 - Carol Doppler
Office Hours: MONDAY - FRIDAY, 8:00 A.M. TO 5:00 P.M.
REQUEST FOR QUALIFICATIONS
FROM ENGINEERS
FOR
"WEST WATER TREATMENT PLANT IMPROVEMENTS"
FOR THE CITY OF BOYNTON BEACH, FLORIDA
RFQ #017-2821-05/CJD
Section 1 - Submittal Information
A. The City of Boynton Beach will receive RFQ responses until JANUARY 18. 2005 , 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 professional engineering
services for West Water Treatment Plant Improvements.
B. Any responses received after the above stated time and date will not be considered. It shall be
the sole responsibility of the qualifier 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 which 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 qualifier'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 read aloud in Procurement Services after the
designated due date, on JANUARY 18. 2005. at 2:30 P.M. (local time). All qualifiers or
their representatives are invited to be present. Procurement Services is located on the second
floor of City Hall, 100 E. Boynton Beach Boulevard.
If any addendum(s) are issued to this Request for Qualifications, the City will attempt to
notify all prospective qualifiers who have secured same, however, it shall be the
responsibility of each qualifier, 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.
D. One (1) ori2inal. so marked. and five (5) copies. of the RFQ response shall be submitted in
one sealed package clearly marked on the outside "RFO FOR WEST WATER
TREATMENT PLANT IMPROVEMENTS", and addressed to: City of Boynton Beach,
Procurement Services, P.O. Box 310, Boynton Beach, FL 33425-0310.
E. Responses shall clearly indicate the legal name. address and telephone number of the
qualifier (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
qualifier to the submitted RFQ, Qualifiers must note their Federall.D. number on their RFQ
submittal.
F. All expenses for making RFQ responses to the City are to be borne by the qualifier.
G. A sample draft contract that the City intends to execute with the successful firm is contained
in this Request for Qualifications for review. The City reserves the right to modify the
contract language prior to execution. The actual scope of services and the contract price will
be negotiated following selection of the top firm(s). The scope of services will closely track
the scope of work detailed in Section 2 of this Request for Qualifications.
Section 2 - Scope of Work: The City of Boynton Beach is seeking Engineering Services
for the West Water Treatment Plant Improvements which are needed to meet the current
demands of the water supply as well as improve the facility's roofing system to meet
current building code requirements. The West Water Treatment Plant is located at: 5469
W. Boynton Beach Blvd., Boynton Beach, Florida. Respondents must have an office within
a fifty (50) mile radius of the City of Boynton Beach.
2
WEST WATER TREATMENT PLANT IMPROVEMENTS
Background
The City of Boynton Beach owns and operates the West Water Treatment Plant. The Plant
utilizes nano-filtration technology and currently has a peak water treatment capacity of 10 million
gallons per day (MGD), including a 20% by-pass. The permitted water supply is in excess of this
volume and the City is desirous of increasing the treatment capacity to more closely match the
supply capacity.
The City's Capital Improvement Plan identifies several other improvements to the Plant that the
City desires to implement at this time. These improvements include the addition of a vertical
cartridge filter to handle increased production, the replacement of existing filter membranes in
trains 4, 5 and 6, to match units recently installed in units 1, 2 and 3, the conversion of the
gaseous chlorine disinfection system to an on-site generation system, installation of a finished
water pump, and related modifications such as instrumentation and electrical work.
The City also intends to improve the facility's roofing system to meet current building code
requirements and build redundancy into the emergency power generation system at the Plant by
adding emergency generation and fuel storage capacity to protect the integrity of the water supply
and delivery systems during extended power outages.
In addition to the above improvements, this project adds those facility modifications necessary to
accommodate Palm Beach County interconnection to supply finished water. Interconnection
flows can be directed to on-site ground storage or to the discharge side of the plant's finished
water pumps, going directly to the distribution system. The current situation allows only for
manual control of the plant interconnect. This project adds a modulating control valve and
accompanying flow meter to allow the plant to automatically control the rate of flow.
Instrumentation improvements will be added to control flow and to provide input to the
automatic feeding of finished water chemicals.
Engineering services may include planning, design, permitting, bid phase services and services
during construction.
3
Section 3 - General Information and Selection Criteria
A. The RFQ response should be designed to portray to the City how the qualifier's range of
services can best assist with the Enldneerine Services for the West Water Treatment
Plant In order to evaluate the capabilities of all firms, each RFQ shall include, at a
minimum, the following information:
1. Experience of the firm with similar projects.
2. It is essential that the project be supervised and carried out by personnel possessing
training and experience appropriate to the nature of the project. The RFQ shall include:
a) The names and positions of each professional to be assigned to this project, including
familiarity with projects of a similar nature.
b) The estimated amount of involvement expressed as a percentage of time, of each of
the staff members.
c) Willingness and ability to complete the project within the time and budget constraints,
considering the firm's current and projected workload.
d) Resumes of academic training and employment in the applicable fields.
e) Evidence of possession of required licenses or business permits.
f) Evidence of any previous experience in projects of a similar nature-provide contact
names and phone numbers along with project names and appropriate agency contacts.
3. Reference listing, including contact names and phone numbers.
4. A list of all lawsuits in which the firm has been named as a party in the past two (2) years.
5. Location of office(s) that are within a fifty mile radius of the City of Boynton Beach.
B. PURSUANT TO THE PROVISIONS OF F.S. 287.055, KNOWN AS THE
"CONSULTANTS COMPETITIVE NEGOTIATIONS ACT"
1. The City will provide an interview panel that will review all RFQ responses, formally
interview eligible and top ranking qualifiers and recommend the top firms.
4
2. These recommended finalists will be presented to the City Commission who may, at their
option, request formal presentations prior to the final selection of a consultant for this
project.
3. Staff and Company reviews will be conducted pursuant to the provisions of the Sunshine
Law and F.S. 287.055, known as the "Consultants Competitive Negotiations Act".
C. The following items are attached with the RFQ in Appendix A and must be completed and
submitted with any RFQ response in order to have a valid submittal. They are:
1. Qualifier's Acknowledgement
2. Addendum(s)
3. Statement of Qualifier's Qualifications
4. Anti-Kickback Affidavit
5. Non-collusion Affidavit of Prime Qualifier
6. Minority Owned Business Statement
7. Subcontractors Form
8. Confirmation of a Drug Free Workplace
9. Statement of No Submittal (if applicable)
D. After ranking is completed, the City will negotiate an agreement substantially based on the
attached contract found in Appendix B and the final scope of services to be developed from
this Request for RFQ. The City reserves the right to include additional provisions if the
inclusion is in the best interest of the City, as determined solely by the City. Assuming the
successful negotiation of an agreement, the final contract will be formalized by the City
Attorney and submitted to the City Commission for their consideration.
E. Each entity, by submission of an RFQ response, acknowledges that in the event of any legal
action challenging the award of the proj ect, damages, if any, shall be limited to the actual cost
of the preparation of the RFQ.
F. 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.
5
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XI. - NEW BUSINESS
ITEM A.
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
D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon)
[gJ April 19,2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon)
NATURE OF
AGENDA ITEM
D
D
D
D
D
D
Administrative D Development Plans
Consent Agenda IZI New Business
Public Hearing D Legal
Bids D Unfinished Business
Announcement D Presentation
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RECOMMENDATION: Commissioner Ferguson has requested discussion of possible adaptive reuse of~lo~~
landfill site owned by the City adjacent to the Boynton Links Golf Course. Both the golf course and the landfill are located m:
unincorporated Palm Beach County.
City Manager's Report
::pl'I
,.....;'~
EXPLANATION: The City currently is the custodian agency for a closed landfill located at Pine Drive next to the E-
3 canal. The site is 40.2 acres and is classified by the Palm Beach County Health Department as a Class 1 landfill. This
requires placement and maintenance of a landfill final cover system of 6 inches of bedding material, a 20 mil synthetic
membrane liner, 12 inches of sand and six inches of topsoil, mulch and seed. In addition, the closed landfill contains a
system of ground water monitoring wells. The closure permit is scheduled to end on February 27, 2012. However, this date
may be moved up or back depending on the conditions of the landfill and monitoring circumstances. This date is based on the
current permit, which was amended on June 15,2004.
PROGRAM IMPACT: Commissioner Ferguson has requested that the Commission authorize a feasibility study for earlier
release of the permit to allow adaptive reuse of the property for work force housing, as a possible use. While the City
Manager has been involved in reuse oflandfill sites in other jurisdictions, the City does not have in-house staff to handle
exploration of a permit modification to the landfill permit. This would best be provided by a qualified landfill consultant and
a consultant to deal with specific redevelopment application options, if the landfill can be utilized.
FISCAL IMP ACT: Estimated consultant cost is approximately $40,000. This item is not budgeted and an
appropriation from Sanitation Fund Reserves would be required.
I. Do not proceed with the review of the landfill until the
'ect as a budget proposal item for FY 2005-6.
2. Consider the
Department Head's Signature
City Manager's Signature
Department Name
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM. DOC
City Attorney / Finance / Human Resources
Jeb Bush
Governor
John O. Agwunobi, M.D., M.B.A.
Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NOTICE OF ISSUE PERMIT
~
City of Boynton Beach
Christine Roberts, Agent
P.O. Box 310
Boynton Beach, FL 33435
Palm Beach County
PE~T/CERT.#:0124522~2-SF
Permit File
Dear Ms. Roberts:
Enclosed is a Permit, Number 0124522-o02-SF, to continue post-cloSW'e monitoring ofa Solid Waste Resource Recovery and
Management Facility located at Pine Drive next to ttieE-3 canal, Boynton Beach, Florida.
Any party to this Order (permit) has the right to seek judicial review of the permit pursuant to Section 120.68, Florida Statues,
by the filing ofa Notice of Appeal pursuant to Rule 9.110, Florida Rules of AppeUate procedure, with the Clerk of the
Department in the Palm Beach County Health Department, 901 Evernia Street, West Palm Beach, Florida 33401 and by filing a
copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The
Notice of Appeal must be filed within 30 days from the date this Notice is filed with the clerk of the Department.
If you have any questions, please contact Mr. John O'Malley of this office, telephone number (561) 355-3022.
Executed in West Palm Beach, Florida on this IS#\. dayof:r l.uoo. -eo . 2004.
STATE OF FLORIDA
DEPARTMENT OF HEALTH
PALM BEACH COUNTY HEALTH DEPARTMENT
~~
>>. Frank J. Gargiulo, P .E., RS. Director
-0 Division of Environmental Health & Engineering
Palm Beach County Health Department
CERTIFICATE OF SERVICE
This is to certifY that this NOTICE OF PERMIT and all copies were mailed before the close of business on
~ I~ 'J..oo'l to the listed persons.
FILING AND ACKNOWLRnc::EMENT: FILED,
On this date, pursuant to 129120.52, Florida Statutes, with the designated Department Clerk, receipt of which is hereby
acknowledged.
Clerk -A~'~ Date O..u.n.L-/~ 'a.l>O'f
Copies furnished.to: 0- .
CC: Richard Tedder, P.E. - via electronically - richard.tedder@dep~state.f1..us
Chris McGuire, OGCITLH - via electronically - chris.mclruire@deo.state.f1..us
Joe Lurix,DEPIWPBISW - via electronically - ioe.lurix@dep.state.f1..us
Ken Berg, PBCSW A - via electronically - kberg@swa.org
Indarjit Jagarine, Strom WaterIDEPIWPB-via electronically-indarjit.iagarine@dep,state.f1..us
Tor BetUar, via electronically - tor.beniar@dep.state.fl.us
P.D.Box 29,901 Evemia Street West Palm Beach, FL. 33402
DEPARTMENT OF,HEAL TH
PALM BEACH COUNTY HEALTH DEPARTMENT
PERMITTEE:
City of Boynton Beach
Ch~tineRoberts,Agent
P.O. Box 310
Boynton Beach, FL 33435
Environmental Health & Engineering
P.O. Box 29
West Palm Beach, FL 33402
REVISED: JUNE 16,2004
WACS NUMBER: 00067360
PERMIT/CERT. #: 0124522-002-SF
ISStnED: June 15,2004
EXPIRATION DATE: Feb. 27, 2012
COUNTY: Palm Beach
LATILONG.: 26033' 45"180007' 50"
SEC.II'OWNSHlPIRANGE: 25/42S/42E
PROJECT: Boynton Beach Landfill
This permit is issued under the provision of Chapter 403, Florida Statutes (F.S.),
and Chapters 62-302, 62-520, 62-522 and 62-701, Florida Administrative Code
(F..A:.C.) The above named permittee is hereby authorized to perform the work or
operate the facility shown on. the application and approved drawings(s), plans, and
other documents attached hereto or on file with the Department and made a part
hereof and specifically described as follows:
TO CONTINUE POST -CLOSURE: Of an existing 40.2 acre Class 1 landfill site.
Final closure was completed and certified as complete on February 28, 1992. The
Landfill final cover system consists of 6 inches of liner bedding material, a 20 mil
Synthetic membrane liner, 12 inches of sand and 6 inches of topsoil, seed and mulch.
IN ACCORDANCE WITH: An application for a permit to continue post-closure
monitoring of a Solid Waste Resource Recovery and Management Facility dated
March 3, 2004 and received on March 22, 2004 and previously submitted
information received on April 19, 1988, March 31, 1994, November 10, 1994,
January 26,1995 and September 02, 1998.
LOCATED AT: Palm Drive next to the E-3 Canal, Boynton Beach, Florida.
SUBJECT TO: General Conditions 1-15 (attached as pages 2 through 5) and
Specific Conditions 1-16 (attached as pages 5-10).
GENERAL CONDITIONS:
"
(1) The terms, conditions, requirements, limitations and restrictions set forth in this
permit, are "permit conditions" and are binding and enforceable pursuant to
Sections 403.141, 403.727, or 403.859 through 403.861, F.S. The permittee is
placed on notice that the Department will review this- permit periodically and
may initiate enforcement action for any violation of these conditions.
(2) This permit is valid only for the specific processes and operations applied for
and indicated in the approved drawings or exhibits. Any unauthorized
deviation from the approve4 drawings, exhibits, specifications, or conditions of
this permit may constitute grounds for revocation and enforcement action by
the Department.
(3) As provided in subsections 403.087(6) and 403.722(5), F.S., the issuance of this
permit does not convey any vested rights or any exclusive privileges. Neither
does it authorize any injury to public or private property or any invasion of
personal rights, nor any infringement of federal, state, or local laws or
regulations. This permit is not a waiver of or approval of any other
Department permit that may be required for other aspects of the total project
which are not addressed in this permit.
(4) This permit conveys no title to land or water, does not constitute State
recognition or acknowledgment of title, and does not constitute authority for
the use of submerged lands unless herein provided and the necessary title or
leasehold interests have been obtained from the State. Only the Trustees of the
Internal Improvement Trust Fund may express State opinion as to title.
(5) This permit does not relieve the permittee from liability for harm or injury to
human health or welfare, animal, or plant life, or property caused by the
construction or operation of this permitted source, or from penalties therefore;
nor does it allow the permittee to cause pollution in contravention of Florida
Statutes and Department rules, unless specifically authorized by an order from
the Department.
(6) The permittee shall properly operate and maintain the facility and systems of
treatment and control (and related appurtenances) that are installed and used
by the permittee to achieve compliance with the conditions of this. permit, are
required by Department rules. This provision includes the operation of backup
or auxiliary facilities or similar systems when necessary to achieve compliance
with the conditions of the permit and when required by Department rules.
2
(7) The permittee, by accepting this permit, specifically agrees to allow authorized
- Department penonnel, upon presentation of credentials or other documents as
may be required by law' and at reasonable times, access to the premises where
the permitted activity is located or condu.ed to:
(a) Have access to and copy any records that must be kept under conditions of
the permit;
(b) Inspect the facility, equipment, practices, or operations regulated or
required under this permit; and
(c) Sample or monitor any substances or parameten at any location reasonable
necessary to assure compliance with this permit or Department rules.
Reasonable time may depend on the nature of the concern being investigated.
(8) If, for any reason, the permittee does not comply with or will be unable to
comply with any condition or limitation specified in this permit, the permittee
shall immediately provide the Department with the following information:
(a) A description of and cause of noncompliance; and
(b) The period of noncompliance, including dates and times; or, if not
corrected, the anticripated time the noncompliance is expected to continue, and
steps being taken to educe, eliminate, and prevent recurrence of the
noncompliance. The permittee shall be responsible for any and all damages,
which may result and may be subject to enforcement'action by the Department
for penalties or for revocation of this permit.
(9) In accepting this permit, the permittee undentands and agrees that all records,
notes, monitoring data and other information relating to the construction or
operation of this permitted source which are submitted to the Department may
be used by the Department as evidence in any enforcement case involving the
permitted source arising under the Florida Statutes or Department rules,
except where such use is prescribed by Section 403.111 and 403.73, F.S. Such
evidence shall only be used to the extent it is consistent with the Florida Rules
of Civil Procedure and appropriate evidentiary rules.
(10) The permittee agrees to comply with changes in Department rules and Florida
Statutes after a reasonable time for compliance; provided, however, the
permittee does not waive any other rights granted by Florida Statutes or
Department rides. A reasonable time for compliance with a new or amended
surface water quality standard, other than those standards addressed in Rule
62-302.500, shall include a reasonable time to obtain or be denied a mixing
zone for the new or amended standard.
3
(11) This permit is transferable only upon Department approval in accordance with
- Rule 62-4.120 and 62-730.300 FtA.C., as applicable. The permittee shall be
liable for any non-compliance of the permitted activity until the Department
approves the transfer. 4f'
(12) This permit or a copy thereof shall be kept at the work site of the permitted
activity.
(13) This permit also constitutes:
(a) Determination ofDest Available Control Technology (BACT)
(b) Determination ofPreven!ion of Significant Deterioration (PSD)
(c) Certification of compliance with state Water Quality Standards (Sec. 401,
PL 92-500)
(d) Compliance with New Source Performance Standards
(14) The permittee shall comply with the following:
(a) Upon request, the permittee shall furnish all records and plans required
under DepartJQent rules. During enforcement actions, the retention period,
for all records will be extended automatically unleSs otherwise stipulated
by the Department.
(b) The permittee shall hold at the facility or other location designated by this
permit records of all monitoring information (including all calibration and
maintenance records and all original strip chart recordings for continuous
monitoring instrumentation) required. by the permit, copies of all reports
required by this permit, and records of all data used to complete the
application for this permit. These materials shall be retained at least three
years from the date of the sample, measurement, report, or application
unless otherwise specified by Department rule.
(c) Records of monitoring information shall include:
1. the date, exact place, and time of sampling or measurements;
2. the person responsible for performing the sampling or measurements;
3. the date's analyses were performed;
4. the person responsible for performing the analyses;
5. the analytical techniques or methods used;
6. the results of such analyses.
4
(15) Wh~n requested by the Department, the permittee shall. within a reasonable
-tlin~- furnish any inform~ltion reguired by law, which is needed to determine
compliance with the petinit. H the permittee becomes aware the relevant facts
were not submitted or were incorrect in tfte permit application or in any report
to the Department, such facts or information shall be corrected promptly.
SPECIFIC CONDITIONS:
1. Access to the site shall be restricted by an effective barrier designed to prevent
unauthorized entry into the landfill site.
2. The yearly maintenance program implemented shall be continued for the post-
closure monitoring period.
3. The permittee shall maintain, in good standing, the financial assurance
mechanisms established to demonstrate proof of financial assurance. Support
documentation and evidence of inflation adjustment increases shall be
submitted within the time frames specified in Rule 62-701.630, F.A.C.
AD submittals in response to this specific condition shall be sent to:
Florida Department of Environmental Protection
Financial Coordinator- Solid Waste Section
Twin Towen Office BuDding MS 4565
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
and a copy to:
Florida Department of Health
Palm Beach County Health Department
Solid Waste Program
P.O. Box 29/901 Evernia Street Room 202
West Palm Beach, Florida 33402
The permittee shall annually adjust the closure cost estimate for inflation using
Form 62-701.900(28). Adjustments shall be made in accordance with Rule 62-
701.630(4), F.A.C. and 40 CFR Part 264.142(a) and 264.144(a). An owner or
operator using a letter of credit, guarantee bond, performance bond, financial
test, corporate guarantee, trust fund or insurance shall submit the adjusted cost
estimate between January 1 and March 1. An owner or operator using an
escrow account shall submit the adjusted estimate between July 1 and
September 1. All submittals in response to this specific condition shall be sent
to:
5
Florida Department of Environmental Protection
Financial Coorilinator - Solid Waste Section
Twin Towers Office Building M&4565
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
and a copy to:
Florida Department of Health
Palm Beach County Health Department
Solid Waste Program
P.O. Box 29/901 Ev~mia Street Room 202
West Palm Beach, Florida 33402
The following ground water conditions are provided for inclusion in the reference
permit
Ground Water Monitorinl! Network ConstructionlODeration and Maintenance:
4. The ground water monitoring plan for this site submitted January 20, 1995 is
approved pursuant to 62";520,62-522,62-302 and 62-701, F.A.C. The locations
of the existing monitoring wells are shown on this Ground Water Monitoring
Plan, with the well designed and types listed in this plan
5. All new or replacement monitoring wells shall be constructed and/or abandoned
in accordance with Chapter 62-532, F.A.C., and the approved water quality
monitoring plan. All new monitoring wells shall be installed by a Florida
certified water well contractor. Well completion reports shall be submitted to
the Department within thirty (30) days upon completion of installation on DEP
Form 62-522.900(3).
Pursuant to Rule 620701.510(3) (d), F .A. C., the location of each monitoring well
in degrees, minutes and seconds of latitude and longitude, the Universal
Transver Metcator coordinates (UTM), and the elevation of the top of the well
casting to the nearest 0.01 loot, NGVD, shall be determiDed by a registered
Florida land surveyor within thirty (30) days of the certified completion of all
new wells proposed for this permit and within sixty (60) days of permit issuance
for all existing wells. A drawing illustrating this information, signed and sealedtby a certified Florida land surveyor, shall be submitted to the Department
within 45) forty -five days of each survey.
6
Well development prior to ~ampling events and purge/sampling water
discharges shall be followld pursuant to the Department's Standard Operating
Procedures for Field Activities, DEP QA-OO,",OI or any Department approved
standard operating procedure which may be in force at the time. Any
laboratory test required by this permit shall be performed by a laboratory that
has been certified by the Department of Health (DOH) under 64E-l, F.A.C.,
where such certification is required by Rule 62-160.3000; F.A.C. The laboratory
must be certified for all specific method/analyte combinations that are used to
comply with this permit.
All monitoring wells shall be clearly identified and maintained in good condition
to prevent or minimize samp~ interfeFeDces,..loss.of well-'~rity or
vandalism. All monitoring wells shall have well maintained concrete pads and
be properly sealed and locked. Monitoring wells finished above grade shall be
proteded by bumper g1i8.rds..fnd rigid risers. Monitor wells l"mished at or
below grade shall have traffic beanpg, steel plate Cey~.assemblies, and shall be
water tight. .
The permittee shall notify the Department and appropriate owner(s)
immediately upon discovery that reasonable access to all the monitoring well
stations required by this permit have not been maintained. The permittee is
responsible for maintaining the integrit)c of the monitoring well stations and
protecting them from destruction or vandalism. Should any of these monitoring
well stations be damaged or vandalized in any manner, or destroyed, the
permittee shall notify the Department upon'discovery. The notification shall
include pertinent information as to the cause, and what steps are being taken to
replace the monitoring well station and prevent the recurrence of such problems
in the future.
Ground Water Testin2 and Reportin2.Reauirements:
6. In the event of an emergency and/or discharge to ground water, the permittee
shall notify the Department in person or by telephone within one business day
of the incident and shall submit a written report describing the incident to the
Department within three business days of the start of the incident. In addition,
A final report shall be sent to the Department within two weeks of the incident.
The final report shall contain a complete description of and discuss the cause of
the emergency and/ or discharge, the anticipated time that the discharge, if any
will continue, the steps that will be taken to evaluate, reduce, eliminate, and
prevent recurrence of the event, and all other information deemed necessary by
the Department.
7
7. Monitoring wells MW-C3, MW-D3(S), MW-12, MW-15, MW-18, MW-19, MW-
M(S) and MW-B3(S) shall be sampled semi-annually in April and October for
the ground water paramelers listed in Exhibit C. The analytical results and
information outlined in this condition shall.e submitted to the Department no
later than the sixty (60) days from the date of the laboratory analytical report.
Constructed ground water monitoring wells installed in accordance with
approved water quality monitoring plan shall be sampled and analyzed initially
for the ground water parameters listed in Exhibit C within forty-rIVe (45) days
of f"mal certified well completion and development or the next regular sampling
event whichever occurs first, and thereafter in accordance with the schedule
and parameters in this condition. The analytical results from the new
monitoring wells shall be subnrltted to the Department within thirty (30) days
after the initial sampling eveni
Pursuant to this permit, all ground water quality parameters and analytical
results, sampling and analytical methods, method detection limits, Storet codes,
TOC elevation, water level measurements, ground water elevations, monitor
well identification number, monitor well name, monitor well type (background,
Detection, compliance, etc.) sample collection date, sample analysis date,
Facility name, and facility identification number shall be recorded and
submitted certified by the permittee to the Department with in the time frames
required in this condition.
Ground water level measurements and elevations for all monitor wells listed in
Exhibit B shall be recorded and reported in feet below top of casing (TOC) and
to the nearest 0.01 feet NGVD for each reporting period. Elevation references
for TOC (NGVD), and updated ground water potentiometric maps for each
zone monitored with contours no greater than 1 foot intervals, indicating
ground water elevations and flow direction shall be included with each
submittal of ground water quality data. After four semi-annual potentiometric
maps have been submitted to the Department, if no significant change in the
ground water flow direction is noted, the permittee may request a reduction in
the frequency of preparation of the maps to bi-annually, based on the previous
four semi-annual water level data.
The analytical results shall be submitted on FDEP Form 62-522-900(2) attached
as Exhibit E, with a summary of the information, including any anomalous data
or events that may affect the data, exceedences of any Department standards or
criteria, confirmation sampling events, and applicable charts or graphs or any
information related to the ground water monitor well network.
All semi-annual water quality reports shall be submitted concurrently to the
Department at the following address.
8
Florida Department of Environmental Protection
Solid Waste Section
Twin Towers Office Building MS 4565
2600 Blair Stone Road "
Tallahassee, Florida 32399-2400
and to:
Florida Department of Health
Palm. Beach County Health Department
Solid Waste Program
P.O. Box 29 /901 Evemia Street Room 202
West Palm. Beach, lflorida 33402
8. Pursuant to this permit, all field and laboratory records, original certified
laboratory data sheets, chain of custody forms and field water level
measurement records shall be retained at the permittees office for the duration
of this permit and be available on verbal request by the Department during
normal operation hours.
9. The Department's Solid Waste Section shall be notified at least fourteen (14)
days prior to any well installation or regular sampling event so that the
Department, if desired, may observe the drilling, sampling, or collect split
samples.
ComDliance Monitorin~ Requirements:
10. Pursuant to this permit, if indicator parameters are detected at concentrations
significantly above those water quality levels established as background for the
site, or which are the levels above the Department's water quality standards or
criteria specified in Rule 62~520, F .A.C. in any intermediate or compliance well,
the affected well may be resampled for conf"Irmation purposes within f"lfteen (15)
days after the permittee's receipt of the data. The Department must be notified
seven (7) days prior to any confirmatory resampling event at this site. Should
the permittee choose no to resample, the Department will consider the quality
analysis as representative of current ground water conditions at the facility. If
the data is conf"Irmed, or the permittee chooses not to res ample, the permittee
shall notify the Department in writing within fourteen (14) days of this finding.
The Department may require additional monitoring wells or samples to be
taken if analyses indicate that groUnd water contamination must be more
specifically defined in extent or concentration.
9
Zone of Discharf!e:
"
11. The zone of discharge for this site shall be in accordance with the requirements
of Rule 62-522.410, F.A.C., and horizontally extend to the existing property
boundaries as shown in Exhibit A and vertically to the first conf"ming layer.
Surface Water Monitorinf! Reauirements:
12. The surface water monitoring locations designated SW-E-3 AND SW-I-20 on
Exhibit A shall be sampled semi-annually in April and October for the surface
water parameters listed in Ex!libit D.
The surface water staff gauge adjacent to SW-E-3 shall have water level
elevations measured semi-annually to the nearest 0.01 feet NGVD and shall be
included with the ground water level elevations. The staff gauge shall be
marked and its position shall be determined ah a registered Florida land
surveyor in degrees, minutes, and seconds of latitude and longitude and
Universal Transverse Mercator coordinates.
Oualitv Assurance and Ouality Control Reauirements:
13. All field activities including on-site tests and sample collection, whether
performed by a laboratory or another organization, must follow all applicable
'procedures described in DEP-SOP-001/01 (January 2002). Alternate field
procedures and laboratory methods may be used if they have been approved
according to the requirements of Rule 62-160.220 and 62-160.330, F.A.C.
14. The Department retains regulatory control over any activities which may affect
the integrity of the environmental protection measures such as landfill cover,
drainage, monitoring system or stormwater controls. Consultation with the
Department is required prior to condition activities at or on top of the closed
landfill.
15. The closure permit shall expire on February 27, 2012 or until the monitoring
well analyses have stabilized and the Department notifies the applicant in
writing of such.
16. Unless otherwise notified by the Department, the permittee shall comply with
all applicable requirements of Chapter 62-701, F.A.C.
10
'"
Issued this J 5#.. day of ~n. e..
, 2004
STATE OF FLORIDA
DEPARTMENT OF HEALTH
PALM BEACH COUNTY HEALTH DEPARTMENT
(j; ,
~~
Jg- Frank J. Gargiulo, .E., R.S., Director
'1.. Division of Environmental Health and Engineering
Palm Beach County Health Department
11
€.'X 1-1 J Brr
1+
1021.lll11.0E.D1 W1112D03005 0f8 1ll1D3
~
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8
C,)
:; 15.36
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o
.
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SW-E3
LAND',LL AREAl
AR80R GLEN.
DEVELOPMeNT
11.38
MW-19
SW-L-20
15.4
LA TIll"" c"lfAL CL-JDJ
LEGEND
- Zono o'rJ~~
$ Ml1'IRwfng woIIlot:.tJon
. Surlice IWItM' 4Dmp/il1(J ~bJ
ti St,." f/lJugtJ IOl1/Jtion
11.1" $ WIlt8/' ttlblil eloVtJtion
FIGURE 115.2-- Water/ctblo conlOlH'
GroUl'IdWater Contour Map
aoynton Beach Old City landfill - October 6, 2003
... CimundwtltiN '^'"' diRJelion
AI ~lw.va6otl.$ 'fffN9nWd
Id NMionlll G~1c \l\vWaf Datum
(NGVDJ
~
o JOO
r FlJl1/
SCALE IN FEET
~
LI
CHaMHILI..
cd Wd9E:lt c00C El '~d~
'ON XH:l
WO~..::l
EXHIBIT B.
Well Desimation ~
MW-12
MW-lS
MW-C3 (8)
MW-D3 (8)
MW-18
MW-19
MW-B3 (S)
MW-A3 (S)
Compliance
Compliance
Compliance
Background
Compliance
Compliance
Compliance
Compliance
"
n
""".,.,"
Parameters
EXHIBIT C. 62-70l.5l0(8)(a), F.A.C. Parameters
Storet Codes
r"
Antimony.:. -
Arsenic
Barium
Beryllium
Cadmium
Chromium
Cobalt
Copper
Iron ,""
Lead
Mercury
Nickel
Selenium
Silver
Sodium
Thallium
Vanadium
Zinc
Ammonia as N
Chlorides
Nitrate
Total Dissolved Solids(TOS)
Acetone
Acrylonitrile
Benzene
Bromochloromethane
Bromodichloromethane
Bromoform
Carbon Disulfide
Carbon Tetrachloride ,
Chlorobenzene
Chloroethane
Chloro.forlJl
Dibromochloromethane
1,20ibromo-3-chloropropan(OBCP)
1,2 Oibromoethane(EDB)
1,2-0ichlorobenzene
1,4-0ichlorobenzene
trans 1,4 Dichloro-2-butene
1,1-Dicnloroethane
1,2-0ichloroethane ;
l,l-Dichloroethylene
cis 1,2 Dichloroethylene
trans-l,2-0ichloroethylene
1,2-0ichloropropane
cis-l,3-0ichloropropene
trans-l,3-0ichloropropene
Ethylbenzene
2 Hexanone
Hethyl bromide
Methyl chloride
Methylene bromide
Methylene chloride
Methyl ethr1 ketone (MEK)
Methyl iod de .
Methyl isobutyl ketone
strrene
1, ,1,2 Tetrachloroethane
1,1,2,2 Tetrachloroethane
Tetrachloroethylene
1,1,1-Trichloroethane
1,1,2-Trichloroethane
Trichloroethylene
Trichlorofluoromethane
1,2,3 Trichloropropane
Vinyl acetate .
Vinyl chloride .
Xylenes
Specific Conductance. ~
pH
Dissolved Oxygen(DO)
Turbidity
Temperature
Colors, sheens
"'"'
,
~'
L
001097
001002
001007
001012
001027 ..
001034
001037
001042
001045
001051
071900
001067
001147
001077
000929
001059
001087,
001092
000610
000940
000620
000515
081552
034215
034030
077297
032101
032104
081309
032102
034301
034311
032106
032105
038760
077651
034536
034571
077268
034496
034531
034501
077093
034546
034541
034704
034699
034371
045034
034413
034418
077596
034423
081595
TBA
081596
077128
077562
034516
034475
034506
034511
039180
034488
077443
077057
039175
081551
000402
000406
000300
082078
000010
Observation
(\
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Units
ug/l
ug/l
ug/l
ug/l
ug/1
ug/1
ug/1
ug/1
ug/l
ug/1
ug/1
ug/1
ug/1
ug/l
mg/l
ugi'l
ug/l
ug/l
mg/l
I\'Ig/l
mg/l
mg/l
ug/l
ug/l
ug/l
ug/l
~~n
ug/1
ugZl
ugZl
ug/l
ug/l
ugfl
ugZl
ugZl
ugZl.
ugZl.
ugZl
ugZl
ugZl
ugZl
ugZ1
ugZ1
ug/1
ugZl
ugZ1
ug/1
ugZ1
ugZ1
ugZl
ugZl
ugZl
ugZl
ugZl
ugZ1
ugZl
ugZl
ug/1
'OgZ1
ug/1
ug/l
ugZ1
ug/l
ugZl
ugZl
ug/l
ug/l
umhos/cm
S.u.
mg/1
NTtI
deg. C
./
..,.
"
. .
rc:
Exhibit D. 62-701.510(8)(b), F~A.C. Parameters
Parameters
Storet Codes
r.'
Anti~l'\(;my. _
Arsenl.c "
Barium
Beryllium
cadinium .
Chromium
Cobalt
Copper
Iron .....
Lead
Mercury
Nickel
Selenium
Silver
Thallium
Vanadium.
Zinc
Total Hardness as CaC03
Unionized Ammonia
Nitrate
Total Nitrogen
Total Phospnat-e
Chlorophrll A
Fecal co iform
Biochemical Oxygen Demand(BOD5)
Chemical Ox~gen Demand(COD)
~otal Organ1C' Carbon (TOC}
Total Suspended Solids(TSS)
Total Dissolved Solids(TDS)
Acetone ,
Acrylonitrile '
Benzene
Bromochloromethane
Bromodichloromethane
"Bromororm
Carbon Disulfide
Carbon Tetrachloride
Chlorobenzene
. Chloroethane
Chloroform
Dibromochloromethane . ,
1,2Dibromo-3-chloropropan(DBCP)
1,2 Dibromoethane(EDB)
1,2-Dichlorobenzene
1,4-Dichlorobenzene
tran$: 1/ 4 Di.-c::hlcfro:-.a..,.bti tene~,,_.,..- ..
1, 1-Dlcnl'ortfethane'" ."".---' . ." ."
1,2-Diehloroethane
1,1-Dichloroethylene
cis 1,2 Dichloroethylene
trans-l,2-Dichloroethylene
1,2-Dichloropropane
cis-1,3-Dichloropropene
trans-1,3-Dichloropropene
Ethylhenzene
2 Hexanone
Methyl.bromide
Methyl chloride
Methylene bromide
Methylene chloride
Methyl eth~l ketone(MEK)
Methyl iodl.de .
Methyl isobutyl ketone
strrene
1, ,1,2 Tetrachloroethane
1,1,2,2 Tetrachloroethane.
TetraChloroethylene
1, 1, 1-Trichloroethane
1,1,2-Trichloroethane ~
Trichloroethylene
Trichlorofluoromethane
1,2,3 Trichloropropane
Vinyl acetate
Vinyl chloride
Xylenes
Specific Conductance
p~
Dl.ssolved Oxygen(DO)
Turbidity
Temperature
Colors; sheens
"""-
\
001097
. Q01002
001007
001012
001027 _
001034 T
001037
001042
001045
001051
071900
001067
001147
001077
001059
001087
00109,2
000901
000612
000620
000600
000650
032230
031611
000310
000340
003726 -
000546
000515
081552
034215
034030
077297
032101
032104
081309
032102
034301
034311
032106
032105
038760
077651
034536
034571
077268
OJ'zf496
034531
034501
077093
034546
034541
034704
034699
034371
045034
034413
034418
077 596
034423
081595
TBA
081596
077128
077562
034516
034475
034506
034511
039180
034488
077443
077057
039175
081551
000402
000406
000300
082078
000010
Observation
....
. '.~..
,
J.
((~\
Units
ugfl
u'g 11
ug/l
ug/l
ug/l
ug/l
ug/l
ug/l
ug/l
ug/l
ug/l
ugll
ug/l
ug/l
ug/l
ug/l
ug/l
mg/l
mgl.l
mgl.l
mgl.l
mgl.l
mq/l
#/100ml
mgfl
mgl.l
~~t
mgl.l
uql.l
ugl.l
uql.l
uql.l
uql.l
ugl.l
ugl.l
ugl.l..
ugl.L
uqZl
ugZl
ugZl
ugZl
ugl.l
ugl.l
ugZl
ugl.l
ugll
ugll
. ugl.l
ugl.l
uqZl
ugZl
ugZl
ugZl
ugZl
ugll
ugll
ugl.l
ugZl
ugl.l
ugl.l
mgl.l
ugl.l
uqZl
uqll
ugl.l
uql.l
ugZl
ugl.l
uqll
ugl.l
ugl.l
ugl.l
ugl.l
uq/l
umhos/cm
s.u.
mg/l
NTU
deg. C
::(
'..
~'-
eXHIBIT
E
OEP Fonn 111 62-522.9OOI2l
Fonn Title Ground Weier MQnilorina
Bm22I:l
Florida Department of Environmental Protection
Twin Towers Office Bldg. 2600 Blair ~tonc Road TalIabassee, Florida 32399-2400
Effective Dele
OEP Application No.
"
GROUND WATER MONITORING REPORT
Rule 62-522.600(11)
PART I GENERAL INFORMATION
(1) Facility Name
Address
City
Telephone Number (
. (2) The GMS Identification Number
(3) DEP Permit Number
(4) Authorized Representative Name
Address
City
Telephone Number (
(5) Type of Discharge
(6) Method of Discharge
Zip
Zip
Certification
I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and
all attachments and that. based on my inquiry of those individuals immediately responsible for obtaining the information. I believe
that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment.
Date:
Signature of Owner or Authorized Representative
PART" QUALITY ASSURANCE REQUIREMENTS
Sample Organization
Analytical Lab
Comp QAP #
Comp QAP # IHRS Certification #
*Comp QAp # IHRS Certification #
Lab Name
Address
Phone Number (
Pege 1 of2
PART III ANALYTICAL RESULTS
Facility GMS #:
Test Site JD #:
Sampling DatefTime:
Report Period:
(year/quarter)
Well Name:
'" Well Purged (Y/N):
Classification of Ground Water:
Ground Water Elevation (NGVD):
Well Type: (
(
(
(
) Background
) Intennediate
) Compliance
) Other
or (MSL):
Storet Parameter Sampling Field Analysis Analysis * Analysis Detection
Code Monitored Method Filtered Method DatefTime Results/Units UmitslUnits
YIN ,
· Attach Laboratory Reports
Page 2 of2
MARCH 1, 2005
MEMO
TO: City Manager & Commission, Boynton Beach and PB County
Commissioners Newell, McCarty and Greene
FROM: M. C. Ferguson, Boynton Beach Commissioner, District ill
RE: WORKFORCE HOUSING INITIATIVE
SUMMARY:
This proposed project can provide two win-win results. First is the reclamation of a
40-acre Brownfields Tract and the other is building SOO units dedicated to
workforce housing. It is possible to offer these housing units at attractive prices if
tbe land costs and reclamation costs can be financed separately and paid for by
other Palm Beach County developers as "mitigation: for their projects.
WHERE? The 40-acre site is a dry brownfields area which contained dry waste
materials until 1983 when it was closed. It is located in a landlocked parcel
immediately east of the Boynton Beach Municipal Golf Course.
:wHO? Suggested priority for buyers :
Public Service Employees-City, County, State
School Teachers
Health Care Workers
Senior Citizens
Tract is owned by City of Boynton Beach and is surrounded by County areas. Need
is to proceed jointly.
WHAT? 500 housing units in four groups, priced as tollows:
% Total TYPE PRICE:
10 One Bed, 1.0 Bath 600 sq. ft $89,000
20 One Bed, 1.5 Bath 850" 126,000
30 Two Bed, 2.0 Bath 1000" 148,000
40 Three Bed, 2.5 Bath T.H. 1350 sq. Ft. 199,000
100%
Prices are based on construction estimates as of this date and do not include costs
for land or reclamation of the brownfield site.
+
Prices shown on the previous page could be reduced by 5 % if ofT-site improvements
were not included. These are estimated at $4 million. A further reduction could
occur if the densities could be increased to 600 units.. A sample design for the
property would have the apartment units arrayed in low-rise pods of 20-25, and the
three-bedroom (with attached garage) in pods of 10-12. One main clubhouse is
suggested with two satellite clubhouses, one with a family pool and amenities and
the other with an adult pool and activities.
With the availability of SHIP and other financing vehicles down payments of 0-5 %
can be achieved.
/ WHEN? With a cooperative joint effort, and agreement by June 30 tbis year, land
can be ready to build in late 2006 and the project completed by the end of2007.
WHY? Workforce housing needs to be a priority to keep employees able toatIord
home ownership. It is also possible that this project could stand as a model for
reclaiming other properties in Palm Beach County and in other areas of Florida.
HOW? The final result of this project will create a quality, state of the art facility
with sufficient green space and recreation areas. The total cost is estimated at
slightly more than $90 million. Prices outlined here, however, amount to about $75
million. To create pricing well below the current market, we have excluded about
$16 million which is the estimated cost of the land and the remediation. To repay
this, Palm Beach County developers would be charged a mitigation fee for this
project at the rate of $5000 for 10 % of their proposed housing. This means that,
for the next 3200 new housing units approved in Palm Beach County, 320 of these,
at the rate of 55000 each, would be used to payoff the bonds or other financing
vehicle used. National companies specialize in brownfieJds remediation and provide
the owner with a release of liability for future site problems.
TRANSPORTATION. With grant money available the 500 units could sustain a
trolley system to connect with TriRail, metro buses and the Boynton Beach Mall.
The site is convenient to shopping along Le Chalet Boulevard.
BACKGROUND
The 40-acresite just east of the Boynton Beach Links is a landfill which was in operation
from 1959 until 1983. Between 1959 and 1977 the landfiJI received garbage and from
1977 to 1983 only yard trash was accepted. In 1983 the landfill was closed. In 1998 the
Federal DEP issued a permit which extends to the year 2012 which authorizes the City of
Boynton Beach to continue post-closure of the landfill. The Palm Beach County Health
Department is the administrator of this monitoring permit. Depth of the waste in the site
ranges from 28 to 30 feet.
Just east of the site is a PUD (planned Urban Development) called Arbor Glen which
consists of single family homes. When this was approved there was no right of way
protected for what would have been 80th Lane South into this 40 acres. This means the
site is landlocked with no vehicular access and that future access would have to come
from Palm Bay road to the east, Saddle Club Road to the north, or extending Jog Road
from the west..
The 40-acre parcel is zoned as Parks and Recreatio~ so in order to provide housing a
land use amendment would be required to establish a base residential category. Because
the project would be for workforce housing an increase, up to 80 %, could be granted.
Current Boynton Beach Mixed Use Suburban allows for up to 20 units per acre.
Tothe south of the property is a section of Aberdeen reasonably well separated by a canal
and foliage. To the north is mainly fann area and about 80 homes along Palni Bay Road
which goes from east to west from Haverhill. County plans do call for expansion of
Hypoluxo Road in Fiscal Year 2008.
A copy of a map for the area is attached.
Yage j1 ot 1
Gary R. Nikolits, CF A
Palm Beach County Property Appraiser
Property Mapping System
Legend
c==J Parcel Bomdary
I 0120 I Lot nurrber
Parcel Control Number
I0042451100000502Q IIIIIIIIIII
(eg.74434322120080010)
~ Sf reef Intersection I
t I and
) r_
~By City I
I t- Choose a Municipality-III
r.Range~ TownSh.ip, Section I
LR @]I T r.s Oil --1
Palm Beach County Property Map
Map Scale 1:48941
Copyright Palm Beach County 2003
All Rights Reserved - Subject to a License Agreement
Map produced on 1/1012005 from PAPA
http://gisweb.co.palm-beach.fl.us/ipapagis/presentation/mapping/printnew .asp?MAPURL=... 1/10/2005
ISSUES AND OBSTACLES
1. VEmCULAR ACCESS With canals bisecting three sides of the site it will be
difficult to overcome Lake Worth Drainage District right of way jurisdictions, it is
likely that the best route for access is east from Jog Road down Joe De Long Blvd
and extending into the Boynton Beach Links. Assuming 500 total units at build-out
this will create as many as 5000 car trips per day (although a trolley may alleviate
some of this. There are several advantages to this choice. First, it will not disrupt
adjacent neighborhoods. Secondly, offsite water and sewer main improvements
will be required to serve the property and the County would prefer a sewer
connection to Jog Road. Thirdly, entrance to and from Jog Road provides
convenient access to the new Park Vista High School and the new County
Recreation Center.
2. ZONING As I understand it the County could go up to eight units per acre in this
area. This, plus an 80 % increase because of workforce housing would increase this
to 14.4 units per acre. As mentioned before, Boynton Beach has a Suburban Mixed
Use designation which allows up to 20 units per acre. This proposal for 500 units
comes to 12.3 units per acre. This kind of configuration will provide considerable
area for green space and recreation amenities in addition to energy efficient
dwelling units. Because of the probable large fixed expense of providing access it is
necessary to have some mass in the building of the units to give the owners a real
economic benefit.
3. LEGAL There are a number of sub-issues here. First, this needs to be a joint
County/City collaboration. This has worked well in the past, particularly with the
Boynton Beach Links many years ago. Secondly, is itlegal to draw an ordinance which
sets out the priorities for ownership. Thirdly, how will the City enter into a Conditional
Land Sale Agreement. Finally, how can the project be controlled after completion to
insure that the property is maintained through time?
q.. OTHER There may be political considerations with adjoining neighbors, how to draw
up fee simple ownerships for the units, whether to include a small retail area, the
possibility of providing carports andlor storage areas in addition to the garages for the
town houses, traffic concurrency, and environmental concerns.
5. REROUTING SOME GOLF COURSE HOLES. To provide the best use of both
sites and to provide a possible buffer for the neighboring areas the possibility of changing
some of the golf holes should be considered.
SUMMARY STATEMENT FROM M.C. FERGUSON
During the past four months I have had several dozen meetings with interested parties to
distill the summary you have just read. As I have become educated about the twin process
of reclaiming damaged land and finding a way to achieve workforce housing I have
become very much a believer in this project.
To continue to push this project along I am willing to remain as point man for the next
several months so that everything can funnel through one contact point. This should not
be taken as completely selfless because I hope to use this project as a model in other
areas and develop a niche for myself when I leave office in late~2006.
If you agree that this project represents an idea whose time has come, several steps need
to occur:
1. The City and the County need to resolve that this project is worthy of a joint effort.
2. The City needs to have an appraisal made of the property and work toward
agreement to lend the loan value to an enterprise designed to do the project.
3. The County needs to establish the allowed zoning density and work toward the
mitigation of new development.
4. Both parties need to research the legals to fmd out whether the prioritization for
residents is possible.
5. The City must identify all regulatory hurdles related to alternative uses of the
landfill.
M. C. Ferguson
March 1, 2005
eft
XI. - NEW BUSINESS
ITEM B.
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
D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon)
[8J April 19,2005 April 4, 2005 (Noon) D June 2 I, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17, 2005 May 2,2005 (Noon) D July 19,2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda [8J New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION:
Motion to approve the agreement with Progress Telecom (formerly Lighthouse Estrategies dba Pure Connection),
through a piggy-back of Orlando's agreement, to provide broadband access to the CRA areas and the Heart of
Boynton area in the amount of $3,100 per month for a 6 month trial period, plus $4200 start up cost for a total of
$22,800, payable by the I.T.S. account #001-1510-513-64-15 and to be reimbursed by the CRA.
EXPLANATION:
The City of Boynton Beach Information Technology Department is actively seeking to implement Wi-Fi services
within the city. The initial phase of the project will be conducted within the CRA corridors. The goal is to implement
a turnkey solution for a pilot project within the CRA and Heart of Boynton corridors. The CRA will participate in
the project by reviewing the weekly reports and trends of the wireless traffic. The CRA will make recommendations
as needed that may improve services within the CRA boundaries. Based on the initial six (6) month pilot project, a
formal bid process may be conducted.
PROGRAM IMPACT:
Assist in the economic development of the eRA areas, and with the digital divide within the Heart of
Boynton area by:
· Providing an additional lifestyle access to attract residents and small business owners into a blighted
downtown area.
· Encouraging usage of public spaces for internet accessibility and creating a sense of place and quality of
living.
· Attracting disposable income-type users to local businesses, and increasing opportunities for small
business owners in the area.
· Creating "Hot Spots" that will draw traveling and vacationing executives to local businesses that provide
accessibility to wireless service.
Extending wireless services to public safety personnel will provide the following:
· Laptops in emergency fire vehicles will provide access to GIS layers that provide hazmat materials
information, building configurations (entry and exit access), fire hydrants, structure history, and contact
information of home and business owners to emergency fire personnel while en route. Thus, increasing
efficiency and reduce response times.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
eft
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
· Street side police call boxes and video cameras can feed directly to patrolling foot and bicycle officers via
PDA's for increased surveillance and response times.
· Night-time video security for construction sites and night-time entertainment corridors.
· Video monitoring for traffic control purposes.
· Access secure public safety frequencies to increase speed of information downloads and uploads for
running DMV information, missing person searches, identification of "at large" criminals, verify photo ID's,
and police arrest records.
· Ability to tie public transportation (downtown trolleys) into system for crowd control and policing concerns.
Education and Public Service will be impacted by:
· Providing low to moderate income families the ability to gain access to information and educational
opportunities through online tutoring, online references and research.
· Provide low to moderate income families the ability to access the learning tools provided by the school
district for students.
FISCAL IMP ACT:
The CRA will contribute to the project by reimbursements to the city for all expenses incurred for the Wi-Fi project
within the CRA boundary as part of the current Information Services Contract for PC, network, e-mail, and GIS
support services and accessibility.
~C'M 'S'
I anager sIgna re
2r', 'j;. J.
Information Technology Services
City Attorney / Finance / Hum n Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R05-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING
5 AND AUTHORIZING THE APPROPRIATE CITY
6 OFFICIALS TO EXECUTE AN AGREEMENT WITH
7 PTLLC ACQUISITION CO., LLC, TO PROVIDE
8 BROADBAND ACCESS TO THE CRA AREAS AND
9 THE HEART OF BOYNTON AREA; AND PROVIDING
10 AN EFFECTIVE DATE.
11
12 WHEREAS, the City of Boynton Beach Information Technology Department is
13 ctively seeking to implement Wi-Fi- services within the City, the initial phase of the project
14 hall be conducted within the CRA corridors; and
15 WHEREAS, the goal is to implement a turnkey solution for a pilot project within the
16 RA and Heart of Boynton corridors; and
17 WHEREAS, the City Commission of the City of Boynton Beach, upon
18 ecommendation of staff, deems it to be in the best interests of the citizens and residents of
19 he City of Boynton Beach, to enter into an agreement with PTLLC Acquisition Co., LLC, a
20 ubsidiary of Progress Telecom, LLC to provide broadband access to the CRA areas and the
21 eart of Boynton area through a piggy-back with the City of Orlando.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section 1.
The foregoing "WHEREAS" clauses are true and correct and hereby
25 atified and confirmed by the City Commission.
26
Section 2.
The City Commission of the City of Boynton Beach, Florida does
27 ereby approve and authorize the appropriate City officials to enter into an agreement with
28 TLLC Acquisition Co., LLC, a subsidiary of Progress Telecom, LLC to provide broadband
29 ccess to the CRA areas and the Heart of Boynton area through a piggy-back with the City of
30 rlando.
31
32
33
Section 3.
This Resolution shall become effective immediately upon passage.
:\CA\RESO\Agreements\Progress Telecom (wi-fi).doc
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PASSED AND ADOPTED this _ day of April, 2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
TTEST:
ity Clerk
Corporate Seal)
:\CA\RESO\Agreements\Progress Telecom (wi-fi).doc
City Agreement
This City Agreement (the "Agreement") dated as of , 2005 ("Effective
Date") between PTLLC ACQuisition Co., LLC, a Delaware limited liability company, with offices
located at 100 Second Avenue South. Suite 400 South, St. Petersburo. FL 33701 (hereinafter
called "Provider") and Citv of Bovnton Beach, having offices located at 100 East Bovnton Beach
Blvd., Bovnton Beach, FL 33425 (hereinafter called "Customer") shall remain in effect for a
period of twelve (12) months beginning on the Effective Date (the ''Term'').
Provision of Services
Provider will provide to Customer shared broadband access to the location(s) identified in
Schedule A of this Agreement in exchange for Customer's payment of fees and compliance with
the terms and conditions of this Agreement. Any orders for services that extend beyond the
Term shall remain subject to the terms and conditions of this Agreement as if the Term had not
expired. Customer will provide routers and other security devices for connecting locations.
Provider will provide the bandwidth to the given location(s) as specified in Schedule A that
Customer will use to connect to Customer provided equipment. The connection will be deemed
complete when the Provider has delivered the link to Customer.
Customer represents and warrants that it is a tax exempt municipality.
EQuipment and Installation for Service
Provider shall supply adequate equipment to provide the services it has agreed to provide
pursuant to this Agreement. All equipment supplied by Provider will at all times remain the
property of Provider. The Customer may not sell, transfer, lease, encumber or assign all or part
of the equipment to any third party. The Customer shall pay for the full cost of the repair or
replacement of any lost, stolen, un-returned, damaged, sold, transferred, leased, encumbered
or assigned equipment or part thereof, together with any costs incurred by Provider in obtaining
or attempting to obtain possessions or replace any such equipment. On expiration or
termination of this Agreement or any service provided pursuant to this Agreement, the Customer
authorizes Provider to retrieve from the Customer's premises the equipment for appropriate
disposition, with prior notice.
During the term of this Agreement, for purposes of the placement and maintenance of
Provider's communications equipment and cabling, and interconnecting such Provider
equipment to its network to provide the services, (i) Customer grants Provider the right free of
charge to occupy portions of Customer's facilities and real property, including, but not limited to,
the right to place antennas and other equipment on Customer's facilities and real property, and
(ii) Customer agrees to secure from third parties, on behalf of Provider, substantially equivalent
access rights, if required for Provider to deliver Customer's service. Provider shall be given
adequate power for its equipment without charge and the right to pass through third party traffic.
Provider shall be permitted twenty-four (24) hours a day, seven (7) days a week access to the
space where its equipment is located, subject to reasonable documented rules of Customer or
the third party governing such access. Provider and Customer agree that as part of the
Customer's rules regarding access that Provider shall give Customer reasonable written notice
of its intent to access any Customer facilities identified in Exhibit "A". Customer shall provide
Provider with written notice of any proposed modifications to any such rules thirty (30) days prior
to any such modifications being implemented, which changes shall not be implemented unless
Provider consents to the proposed modifications.
Service Level Aoreement (SLA)
Municipality Agreement (rev/01-24-2005)
Should Customer experience a material degradation of service, Customer shall advise Provider
of the material service degradation at the time it occurs, and Provider shall have twenty-four
(24) hours to address such service deficiency from the time of notification. A material
degradation of service is an occurrence that significantly impairs the ability of Customer to
transmit and/or receive data.
Mean Time to Respond (MTTR)
On a monthly basis, Provider's MTTR to notifications, if any, from Customer of any material
degradation of service will be four (4) hours.
Use of Material
Customer assumes all risks and liabilities associated with material downloaded or uploaded
using Provider's network, including, but not limited to, confidentiality limitations, content
limitations (such as liability for libel, defamation, invasion of privacy, or a violation of indecency
and/or obscenity restrictions), copyright restrictions, trademark restrictions, service mark
restrictions, trade secrets, patent restrictions or any other intellectual property tangible or
intangible rights associated with material.
Use of Services
Customer understands and agrees that this service may be utilized solely for lawful purposes
and the use of this service in connection with or as an adjunct to any other product or service
that violates any municipal, county, state, federal or foreign law or regulation is expressly
prohibited. Customer agrees that its use of the services herein shall not infringe upon the use
by other customers of Provider's network unless specified for emergency situations. Should
Customer violate any provision of this Section, Provider, at its sole discretion, may only suspend
the services after providing notice of such violation and providing the Customer with an
opportunity to cure the violation. If Customer does not correct the violation, Provider may issue
a default notice to Customer pursuant to the Section entitled "Default," in which case the
provisions of that Section will apply to said violation.
Fees
Recurring and non-recurring fees shall be as set forth in Schedule A. All fees are due net thirty
(30) from the invoice date and after that date are subject to a late payment charge of eighteen
percent (18%) per annum calculated from the due date until the date of payment.
Account Termination
Customer may terminate this Agreement or any service provided pursuant to this Agreement
prior to the expiration of its term by submitting a written notice to Provider no less than thirty (30)
days prior to the requested date of termination of the Agreement or service. For any service(s)
termination pursuant to this Section, Customer shall pay to Provider a termination fee equal to
seventy five percent (75%) of the remaining monthly recurring fees due for the service during
the first year of the service term and fifty percent (50%) of the remaining monthly recurring fees
due for the service after the first year until the end of their service term. The termination fee
along with any other unpaid fees then due, shall be paid within thirty (30) days of the termination
notice. Any such payment(s) not made within this thirty (30) day period will be subject to a late
payment charge of eighteen percent (18%) per annum calculated from the due date until the
date of payment. Notwithstanding anything else to the contrary in this paragraph, for any multi-
year order, if Customer does not obtain necessary budget and/or appropriations approval from
the City Commission to continue the services, this Agreement may be terminated without any
termination fee.
Municipality Agreement (rev/01-24-2005)
Indemnification
Indemnification
To the extent permitted bv law. each Party shall indemnify, defend and hold harmless the other
from and aaainst any and all liabilities. claims. damaaes. losses. costs, expenses and
iudaments arisina out of or in connection with bodilv iniury (includina death) or damaae to
tanaible property caused bv the nealiaence or willful misconduct of the indemnifyina Party. its
emplovees. directors. officers. aaents or invitees.
LIMITATION OF LIABILITY/DISCLAIMER OF WARRANTIES
Except as otherwise specifically set forth in this Agreement, neither Party shall be liable to the
other Party for any direct or indirect, consequential, special, incidental, reliance or punitive
damages of any kind or nature whatsoever (including, but not limited, to any lost profits, lost
revenue, lost savings, cost of substitute equipment or services, or harm to business), regardless
of the forseeability thereof, whether based upon statute, contract, tort, negligence, strict liability
or otherwise. Each Party hereby releases the other Party, its subsidiaries and affiliates, and
their respective officers, directors, managers, members, employees and agents from any such
claim. The limitations set forth in this Section shall not limit Customer's indemnification
obligations hereunder with respect to third party claims against Provider as set forth in the
Indemnification Section above. Provider makes no oral or written warranties or representations,
express or implied, in fact or in law, and all other warranties, whether express, implied or
statutory, including, without limitation, warranties of merchantability or fitness for a particular
purpose, are hereby excluded and disclaimed. Nothing contained in this Agreement shall
constitute a waiver of Customer's sovereign immunity or the provisions of Section 768.28,
Florida Statutes.
Disclaimer
Provider assumes no responsibility for the content contained on the Internet. Provider discloses
and Customer acknowledges that there may be content on the Internet or otherwise available
through the services provided by Provider, which may be offensive to some individuals, which
may not be in compliance with local, state or federal laws, rules or regulations, including, but not
limited to, pornographic or otherwise inappropriate sexually explicit or offensive content.
Customer acknowledges that its use of Provider's services to access information, content or
other services is at its own risk.
Governina Law and Venue
The laws of the State of Florida shall govern the terms of this Agreement. Venue for any lawsuit
filed to enforce any terms of this Agreement shall be filed in state court in Palm Beach County,
Florida.
Assianment
Customer may not assign this Agreement without Provider's consent, which consent shall not
be unreasonably withheld.
Default
Municipality Agreement (rev/01-24-2005)
If Customer or Provider fail to perform their obligations pursuant to this Agreement, , either party
may, at its sole discretion, issue a default notice to the other party demanding the default
condition to be cured. If the default condition is not remedied within the time period specified in
the notice letter, which shall not be less than five (5) business days, The non-defaulting party
may then, without the necessity of any further notice, discontinue performance and terminate
this Agreement and pursue any other remedies available at law or in equity including, without
limitation, damages, including, but not limited to, unpaid overdue fees plus interest and costs,
and any applicable early termination fee as set forth in the Section entitled "Account
Termination." Either party's failure to exercise any of its rights hereunder shall not constitute or
be construed r as being a waiver of any past, present, or future right or remedy.
Each Party at its own expense, shall keep in force and at all times maintain during the term of
this Agreement:
(a) Public Liability Insurance:
Public Liability Insurance, issued by responsible insurance companies and in a form acceptable
to the Customer, protecting and insuring against all the foregoing with coverage limits of not less
than One Million Dollars ($1,000,000) for Bodily Injury and Property Damage.
(b) Automobile Liability Insurance:
Automobile Liability coverage shall be in the minimum amount of Three Hundred Thousand
Dollars ($300,000) combined single limits for Bodily Injury and Property Damage.
(c) Workers' Compensation Coveraae:
Full and complete Workers' Compensation Coverage, as required by State of Florida law, shall
be provided.
(d) Insurance Certificates:
Each Party shall provide the other Party with Certificate(s) of Insurance on all the policies of
insurance and renewals thereof in a form(s) acceptable to the Customer. Said Public Liability
policy shall provide that the non-insuring Party be named as an additional insured. The non-
insuring Party shall be notified in writing of any reduction, cancellation or substantial change of
policy or policies at least thirty (30) days prior to the effective date of said action.
All insurance policies shall be issued by responsible companies who are licensed and
authorized to do business under the laws of the State of Florida.
Force Maieure
Neither Party shall be held liable for any delay or failure in performance of any part of this
Agreement from any cause beyond its reasonable control and/or without its fault or negligence,
including, without limitation, acts of God, acts of civil or military authority, government laws,
rules or regulations, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires,
explosions, earthquakes, nuclear accidents, floods, cable or fiber cuts, strikes of Party or its
affiliates, power blackouts, volcanic action, other major environmental disturbances, unusually
severe weather conditions or hurricanes
Confidentiality/Publicity
This Agreement is subject to the terms and conditions of the Mutual Confidentiality Agreement
entered into between the Parties contemporaneously herewith. Customer shall not make any
public announcement or issue any press release regarding this Agreement without the prior
written consent of Provider.
Municipality Agreement (rev/01-24-2005)
Apr 08 05 12:59p
KissE!nbE!rths
407-830-4293
p.S
Entire Aareement
This Agreement constitutes the entire Agreement between the Parties and no other
representations or statements will be binding upon the Parties except as evidenced by a signed
amendment to this Agreement. If any part of this Agreement is held to be invalid or
unenforceable for any reason, the remaining terms and conditions of this Agreement shall
remain in full force and effect.
PTLLC Acquisition Co., LLC
BY:c:P.o::tA+1 014t.'A-r--
Name: t+Yfc..~lc- -r M OvY"'soV1
Title: Con+ro Ilev CLVlJ -r;eO-<';; u (e y-
City of Boynton Beach
By:
Name:
Title:
Date:
If._ 8'- 0 s:
Date:
Attest:
CITY CLERK
Approved as to form:
City Attorney's Office
Provider and Customer may be referred to individually as "Party" or collectively as "Parties."
NOTICE INFORMATION
All written notices required under this Agreement, except as specifically set forth in the
Appendices hereto, shall be sent to the following:
To: PTLLC Acquisition Co., LLC
100 Second Avenue South, Suite 4008
St. Petersburg, Florida 33701
Facsimile: (727) 471-5311
Attention: Contract Management
To:
Facsimile:
Attention:
Municipality Agreement (rev/01-24-2005)
City Agreement
Schedule A
SCOPE OF SERVICE:
Location 1:
Term
months
Internet Access at a specific address:
Address 1:
Address 2:
City, State Postal Code:
Monthly recurring charge: $
Non-recurring charge: $
Requested Access Capacity:
Requested Delivery Date:
Location 2:
Term
months Internet Access at a specific address:
Address 1:
Address 2:
City, State Postal Code:
Monthly recurring charge: $
Non-recurring charge: $
Requested Access Capacity:
Requested Delivery Date:
Location 3:
Term
months Internet Access at a specific address:
Address 1:
Address 2:
City, State Postal Code:
Monthly recurring charge: $
Non-recurring charge: $
Requested Access Capacity:
Requested Delivery Date:
WiFi Zone:
Pilot Term: 6 months
Termination process during Pilot Term: 6 Month Pilot
Term: 36 months
Desired WiFi Coverage Area: Martin Luther King Blvd and park, CRA and Marina area to the
East of Park as well as Federal Highway to the West, Boat Park and camera located on
Premise, Marina, Federal highway as accessed from tower at South Side of CRA (Federal and
Se 2nd Avenue).
Requested Aggregate Access Capacity: 3 MB
Monthly recurring charge: $ 3.100
Non-recurring charge: $ 4,200 (non-refundable)
Provider will deliver wireless 802.11 access for broadband internet access within the coverage
area listed above. If requested in writing, Provider will also supply Customer with a map
outlining the areas of coverage and optimum signal saturation.
Associated WiFi Services
Services - Provider will provide open an 802.11 coverage in the area outlined above. Where
practical, the antennas will be located at street level.
Excessive Use - If requested by Customer, Provider can limit usage by setting time usage
restrictions on access.
Municipality Agreement (revI01-24-2005)
Page 1 of 3
Registration - If requested by Customer, Provider will set up a registration system for all users
utilizing the network.
Surveys - Provider will provide the ability for Pilot Project users to participate in an opt-in
survey, content to be provided by Customer. Provider will retain survey information and results
for a period of 90 days following completion date of the Pilot Project.
Technical Support Telephone Number - Provider will provide a designated technical support
telephone number, which will be prominently placed on the initial sign-on page. Provider will be
the sole and primary contact for customer service inquiries.
Network User Instructions - Provider will provide network user instructions that Customer will be
able to post on its website and use in promotional materials.
Disclaimer - Provider will display Customer's disclaimer and acceptance indicator on the initial
sign-on page.
No advertising, commercial promotions, etc. - Unless expressly authorized by Customer, there
will be no advertising, commercial promotions, etc. on the Internet access being paid for by
Customer, with the exception of acknowledgement of Provider as the service provider ("Service
provided by Provider"), contact information for service provider and the designated technical
support telephone number provided by Provider. Provider will provide Customer the logo and
phone number.
Reporting
Utilization Data - Provider will provide real time reports to Customer showing the number of
users online. Provider will also provide to Customer any and all available audit logs of
transactions related to the Pilot Project and will provide Customer with access to any and all
other available information related to the Pilot Project that it may request. Such information will
at a minimum include frequency of use, duration of use, time of day, sites visited, duration of
each site visited and the kilobytes downloaded from each site. Provider will provide the
information to Customer on a monthly basis (within 30 days of month end) on a CD/DVD
medium or in electronic format. In addition, Provider will make good faith efforts to provide
Customer with user data that may be requested periodically during the course of the Pilot
Project. Data will be stored by Provider for one (1) year.
Provider will assist Customer to create, measure and analyze consumer response to online and
offline marketing activities.
Online Monitoring of Utilization - Customer will have the capability to monitor online broadband
utilization to determine how much of the available broadband is being utilized.
All research, data and findings performed by Customer shall be the sole property of Customer.
Marketing and Promotional Materials - Customer shall market the Pilot Project, including press
releases, in a manner that will give acknowledgement to Provider as the service provider. All
promotional materials, press releases or public statements issued by Provider that references
Customer of City of Boynton Beach as a customer and/or the Pilot Project shall be subject to
written approval by Customer prior to issuance or publication.
Designated Contacts. For the services to be provided pursuant to this Addendum, Customer
designates the following person as the primary contact for Provider:
Contact Name:
Contact Phone:
Contact Cell:
Contact e-mail:
City Agreement
Schedule A
Municipality Agreement (rev/01-24-2005)
Page 2 of 3
City Agreement
Schedule A
Use of Material: Use of Services: Provider will display a disclaimer and acceptance indicator on
the initial sign-on page. Users will assume all risks associated with use of Provider's network.
Users will be responsible for using the service for lawful purposes.
Municipality Agreement (rev/01-24-2005)
Page 3 of 3
City Agreement
This City Agreement (the "Agreement") dated as of , 2005 ("Effective
Date") between PTLLC Acauisition Co.. LLC, a Delaware limited liability company, with offices
located at 100 Second Avenue South, Suite 400 South, St. Petersburg, FL 33701 (hereinafter
called "Provider") and Citv of Bovnton Beach, having offices located at 100 East Bovnton Beach
Blvd., Bovnton Beach. FL 33425 (hereinafter called "Customer") shall remain in effect for a
period of twelve (12) months beginning on the Effective Date (the "Term").
Provision of Services
Provider will provide to Customer shared broadband access to the location(s) identified in
Schedule A of this Agreement in exchange for Customer's payment of fees and compliance with
the terms and conditions of this Agreement. Any orders for services that extend beyond the
Term shall remain subject to the terms and conditions of this Agreement as if the Term had not
expired. Customer will provide routers and other security devices for connecting locations.
Provider will provide the bandwidth to the given location(s) as specified in Schedule A that
Customer will use to connect to Customer provided equipment. The connection will be deemed
complete when the Provider has delivered the link to Customer.
Customer represents and warrants that it is a tax exempt municipality.
Eauipment and Installation for Service
Provider shall supply adequate equipment to provide the services it has agreed to provide
pursuant to this Agreement. All equipment supplied by Provider will at all times remain the
property of Provider. The Customer may not sell, transfer, lease, encumber or assign all or part
of the equipment to any third party. The Customer shall pay for the full cost of the repair or
replacement of any lost, stolen, un-returned, damaged, sold, transferred, leased, encumbered
or assigned equipment or part thereof, together with any costs incurred by Provider in obtaining
or attempting to obtain possessions or replace any such equipment. On expiration or
termination of this Agreement or any service provided pursuant to this Agreement, the Customer
authorizes Provider to retrieve from the Customer's premises the equipment for appropriate
disposition, with prior notice.
During the term of this Agreement, for purposes of the placement and maintenance of
Provider's communications equipment and cabling, and interconnecting such Provider
equipment to its network to provide the services, (i) Customer grants Provider the right free of
charge to occupy portions of Customer's facilities and real property, including, but not limited to,
the right to place antennas and other equipment on Customer's facilities and real property, and
(ii) Customer agrees to secure from third parties, on behalf of Provider, substantially equivalent
access rights, if required for Provider to deliver Customer's service. Provider shall be given
adequate power for its equipment without charge and the right to pass through third party traffic.
Provider shall be permitted twenty-four (24) hours a day, seven (7) days a week access to the
space where its equipment is located, subject to reasonable documented rules of Customer or
the third party governing such access. Provider and Customer agree that as part of the
Customer's rules regarding access that Provider shall give Customer reasonable written notice
of its intent to access any Customer facilities identified in Exhibit "A". Customer shall provide
Provider with written notice of any proposed modifications to any such rules thirty (30) days prior
to any such modifications being implemented, which changes shall not be implemented unless
Provider consents to the proposed modifications.
Service Level Agreement (SLA)
Municipality Agreement (rev/01-24-2005)
Should Customer experience a material degradation of service, Customer shall advise Provider
of the material service degradation at the time it occurs, and Provider shall have twenty-four
(24) hours to address such service deficiency from the time of notification. A material
degradation of service is an occurrence that significantly impairs the ability of Customer to
transmit and/or receive data.
Mean Time to Respond (MTTR)
On a monthly basis, Provider's MTTR to notifications, if any, from Customer of any material
degradation of service will be four (4) hours.
Use of Material
Customer assumes all risks and liabilities associated with material downloaded or uploaded
using Provider's network, including, but not limited to, confidentiality limitations, content
limitations (such as liability for libel, defamation, invasion of privacy, or a violation of indecency
and/or obscenity restrictions), copyright restrictions, trademark restrictions, service mark
restrictions, trade secrets, patent restrictions or any other intellectual property tangible or
intangible rights associated with material.
Use of Services
Customer understands and agrees that this service may be utilized solely for lawful purposes
and the use of this service in connection with or as an adjunct to any other product or service
that violates any municipal, county, state, federal or foreign law or regulation is expressly
prohibited. Customer agrees that its use of the services herein shall not infringe upon the use
by other customers of Provider's network unless specified for emergency situations. Should
Customer violate any provision of this Section, Provider, at its sole discretion, may only suspend
the services after providing notice of such violation and providing the Customer with an
opportunity to cure the violation. If Customer does not correct the violation, Provider may issue
a default notice to Customer pursuant to the Section entitled "Default," in which case the
provisions of that Section will apply to said violation.
Fees
Recurring and non-recurring fees shall be as set forth in Schedule A. All fees are due net thirty
(30) from the invoice date and after that date are subject to a late payment charge of eighteen
percent (18%) per annum calculated from the due date until the date of payment.
Account Termination
Customer may terminate this Agreement or any service provided pursuant to this Agreement
prior to the expiration of its term by submitting a written notice to Provider no less than thirty (30)
days prior to the requested date of termination of the Agreement or service. For any service(s)
termination pursuant to this Section, Customer shall pay to Provider a termination fee equal to
seventy five percent (75%) of the remaining monthly recurring fees due for the service during
the first year of the service term and fifty percent (50%) of the remaining monthly recurring fees
due for the service after the first year until the end of their service term. The termination fee
along with any other unpaid fees then due, shall be paid within thirty (30) days of the termination
notice. Any such payment(s) not made within this thirty (30) day period will be subject to a late
payment charge of eighteen percent (18%) per annum calculated from the due date until the
date of payment. Notwithstanding anything else to the contrary in this paragraph, for any multi-
year order, if Customer does not obtain necessary budget and/or appropriations approval from
the City Commission to continue the services, this Agreement may be terminated without any
termination fee.
Municipality Agreement (rev/01-24-2005)
Indemnification
Indemnification
To the extent permitted by law, each Party shall indemnify. defend and hold harmless the other
from and aaainst any and all liabilities. claims, damaaes. losses. costs. expenses and
iudaments arisina out of or in connection with bodily iniurv (includina death) or damaae to
tanaible property caused by the nealiaence or willful misconduct of the indemnifyina Party. its
employees, directors, officers, aaents or invitees.
LIMITATION OF LIABILITY/DISCLAIMER OF WARRANTIES
Except as otherwise specifically set forth in this Agreement, neither Party shall be liable to the
other Party for any direct or indirect, consequential, special, incidental, reliance or punitive
damages of any kind or nature whatsoever (including, but not limited, to any lost profits, lost
revenue, lost savings, cost of substitute equipment or services, or harm to business), regardless
of the forseeability thereof, whether based upon statute, contract, tort, negligence, strict liability
or otherwise. Each Party hereby releases the other Party, its subsidiaries and affiliates, and
their respective officers, directors, managers, members, employees and agents from any such
claim. The limitations set forth in this Section shall not limit Customer's indemnification
obligations hereunder with respect to third party claims against Provider as set forth in the
Indemnification Section above. Provider makes no oral or written warranties or representations,
express or implied, in fact or in law, and all other warranties, whether express, implied or
statutory, including, without limitation, warranties of merchantability or fitness for a particular
purpose, are hereby excluded and disclaimed. Nothing contained in this Agreement shall
constitute a waiver of Customer's sovereign immunity or the provisions of Section 768.28,
Florida Statutes.
Disclaimer
Provider assumes no responsibility for the content contained on the Internet. Provider discloses
and Customer acknowledges that there may be content on the Internet or otherwise available
through the services provided by Provider, which may be offensive to some individuals, which
may not be in compliance with local, state or federal laws, rules or regulations, including, but not
limited to, pornographic or otherwise inappropriate sexually explicit or offensive content.
Customer acknowledges that its use of Provider's services to access information, content or
other services is at its own risk.
Governina Law and Venue
The laws of the State of Florida shall govern the terms of this Agreement. Venue for any lawsuit
filed to enforce any terms of this Agreement shall be filed in state court in Palm Beach County,
Florida.
Assianment
Customer may not assign this Agreement without Provider's consent, which consent shall not
be unreasonably withheld.
Default
Municipality Agreement (rev/01-24-2005)
If Customer or Provider fail to perform their obligations pursuant to this Agreement, , either party
may, at its sole discretion, issue a default notice to the other party demanding the default
condition to be cured. If the default condition is not remedied within the time period specified in
the notice letter, which shall not be less than five (5) business days, The non-defaulting party
may then, without the necessity of any further notice, discontinue performance and terminate
this Agreement and pursue any other remedies available at law or in equity including, without
limitation, damages, including, but not limited to, unpaid overdue fees plus interest and costs,
and any applicable early termination fee as set forth in the Section entitled "Account
Termination." Either party's failure to exercise any of its rights hereunder shall not constitute or
be construed r as being a waiver of any past, present, or future right or remedy.
Each Party at its own expense, shall keep in force and at all times maintain during the term of
this Agreement:
(a) Public Liabilitv Insurance:
Public Liability Insurance, issued by responsible insurance companies and in a form acceptable
to the Customer, protecting and insuring against all the foregoing with coverage limits of not less
than One Million Dollars ($1,000,000) for Bodily Injury and Property Damage.
(b) Automobile Liabilitv Insurance:
Automobile Liability coverage shall be in the minimum amount of Three Hundred Thousand
Dollars ($300,000) combined single limits for Bodily Injury and Property Damage.
(c) Workers' Compensation Coveraae:
Full and complete Workers' Compensation Coverage, as required by State of Florida law, shall
be provided.
(d) Insurance Certificates:
Each Party shall provide the other Party with Certificate(s) of Insurance on all the policies of
insurance and renewals thereof in a form(s) acceptable to the Customer. Said Public Liability
policy shall provide that the non-insuring Party be named as an additional insured. The non-
insuring Party shall be notified in writing of any reduction, cancellation or substantial change of
policy or policies at least thirty (30) days prior to the effective date of said action.
All insurance policies shall be issued by responsible companies who are licensed and
authorized to do business under the laws of the State of Florida.
Force Maieure
Neither Party shall be held liable for any delay or failure in performance of any part of this
Agreement from any cause beyond its reasonable control and/or without its fault or negligence,
including, without limitation, acts of God, acts of civil or military authority, government laws,
rules or regulations, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires,
explosions, earthquakes, nuclear accidents, floods, cable or fiber cuts, strikes of Party or its
affiliates, power blackouts, volcanic action, other major environmental disturbances, unusually
severe weather conditions or hurricanes
Confidentialitv/Publicitv
This Agreement is subject to the terms and conditions of the Mutual Confidentiality Agreement
entered into between the Parties contemporaneously herewith. Customer shall not make any
public announcement or issue any press release regarding this Agreement without the prior
written consent of Provider.
Municipality Agreement (rev/01-24-2005)
Apr 08 05 12:59p
Kissenberths
407-830-4293
p.G
Entire Aareement
This Agreement constitutes the entire Agreement between the Parties and no other
representations or statements will be binding upon the Parties except as evidenced by a signed
amendment to this Agreement. If any part of this Agreement is held to be invalid or
unenforceable for any reason, the remaining terms and conditions of this Agreement shall
remain in full force and effect.
PTLLC Acquisition Co., LLC
By:~oiM~jH~
Name: Patr1 <::.../0... ./: MCJ(Y' Son
Title: Co.1+f'D Uer a.Vld. {;ea.5ure..l'~
City of Boynton Beach
By:
Name:
Title:
Date:
'1-8'- OS;-
Date:
A tiest:
CI1Y CLERK
Approved as to form:
City Attornev's Office
Provider and Customer may be referred to individually as "Party" or collectively as "Parties."
NOTICE INFORMATION
All written notices required under this Agreement, except as specifically set forth in the
Appendices hereto, shall be sent to the fOllowing:
To: PTLLC Acquisition Co., LLC
100 Second Avenue South, Suite 400S
51. Petersburg, Florida 33701
Facsimile: (727) 471-5311
Attention: Contract Management
,,~COM C
{~
To:
Facsimile:
Attention:
MunlcipaUty Agreement (rev/01-24-2005)
City Agreement
Schedule A
SCOPE OF SERVICE:
Location 1:
Term
WiFi Zone:
Pilot Term: 6 months
Termination process during Pilot Term: 6 Month Pilot
Term: 36 months
Desired WiFi Coverage Area: Martin Luther King Blvd and park, CRA and Marina area to the
East of Park as well as Federal Highway to the West, Boat Park and camera located on
Premise, Marina, Federal highway as accessed from tower at South Side of CRA (Federal and
Se 2nd Avenue).
Requested Aggregate Access Capacity: 3 MB
Monthly recurring charge: $ 3.100
Non-recurring charge: $ 4.200 (non-refundable)
Provider will deliver wireless 802.11 access for broadband internet access within the coverage
area listed above. If requested in writing, Provider will also supply Customer with a map
outlining the areas of coverage and optimum signal saturation.
Associated WiFi Services
Services - Provider will provide open an 802.11 coverage in the area outlined above. Where
practical, the antennas will be located at street level.
Excessive Use - If requested by Customer, Provider can limit usage by setting time usage
restrictions on access.
Location 2:
Term
Location 3:
Term
months Internet Access at a specific address:
Address 1:
Address 2:
City, State Postal Code:
Monthly recurring charge: $
Non-recurring charge: $
Requested Access Capacity:
Requested Delivery Date:
months Internet Access at a specific address:
Address 1:
Address 2:
City, State Postal Code:
Monthly recurring charge: $
Non-recurring charge: $
Requested Access Capacity:
Requested Delivery Date:
months Internet Access at a specific address:
Address 1:
Address 2:
City, State Postal Code:
Monthly recurring charge: $
Non-recurring charge: $
Requested Access Capacity:
Requested Delivery Date:
Municipality Agreement (rev/01-24-2005)
Page 1 of 3
City Agreement
Schedule A
Registration - If requested by Customer, Provider will set up a registration system for all users
utilizing the network.
Surveys - Provider will provide the ability for Pilot Project users to participate in an opt-in
survey, content to be provided by Customer. Provider will retain survey information and results
for a period of 90 days following completion date of the Pilot Project.
Technical Support Telephone Number - Provider will provide a designated technical support
telephone number, which will be prominently placed on the initial sign-on page. Provider will be
the sole and primary contact for customer service inquiries.
Network User Instructions - Provider will provide network user instructions that Customer will be
able to post on its website and use in promotional materials.
Disclaimer - Provider will display Customer's disclaimer and acceptance indicator on the initial
sign-on page.
No advertising, commercial promotions, etc. - Unless expressly authorized by Customer, there
will be no advertising, commercial promotions, etc. on the Internet access being paid for by
Customer, with the exception of acknowledgement of Provider as the service provider ("Service
provided by Provider"), contact information for service provider and the designated technical
support telephone number provided by Provider. Provider will provide Customer the logo and
phone number.
Reporting
Utilization Data - Provider will provide real time reports to Customer showing the number of
users online. Provider will also provide to Customer any and all available audit logs of
transactions related to the Pilot Project and will provide Customer with access to any and all
other available information related to the Pilot Project that it may request. Such information will
at a minimum include frequency of use, duration of use, time of day, sites visited, duration of
each site visited and the kilobytes downloaded from each site. Provider will provide the
information to Customer on a monthly basis (within 30 days of month end) on a CD/DVD
medium or in electronic format. In addition, Provider will make good faith efforts to provide
Customer with user data that may be requested periodically during the course of the Pilot
Project. Data will be stored by Provider for one (1) year.
Provider will assist Customer to create, measure and analyze consumer response to online and
offline marketing activities.
Online Monitoring of Utilization - Customer will have the capability to monitor online broadband
utilization to determine how much of the available broadband is being utilized.
All research, data and findings performed by Customer shall be the sole property of Customer.
Marketing and Promotional Materials - Customer shall market the Pilot Project, including press
releases, in a manner that will give acknowledgement to Provider as the service provider. All
promotional materials, press releases or public statements issued by Provider that references
Customer of City of Boynton Beach as a customer and/or the Pilot Project shall be subject to
written approval by Customer prior to issuance or publication.
Designated Contacts. For the services to be provided pursuant to this Addendum, Customer
designates the following person as the primary contact for Provider:
Contact Name:
Contact Phone:
Contact Cell:
Contact e-mail:
Municipality Agreement (rev/01-24-2005)
Page 2 of 3
City Agreement
Schedule A
Use of Material: Use of Services: Provider will display a disclaimer and acceptance indicator on
the initial sign-on page. Users will assume all risks associated with use of Provider's network.
Users will be responsible for using the service for lawful purposes.
Municipality Agreement (rev/01-24-2005)
Page 3 of 3
.progress Telecom
To:
Peter Wallace
From:
k-r)
Michael Drayer c~~_
Deputy General Counsel and Assistant Secretary
Progress Telecom, LLC
Re:
Acquisition of Pure Connection
Date:
April 8,2005
On December 17, 2004, PTLLC Acquisition Co., LLC ("PTLLC") acquired
substantially all of the assets of Lighthouse eStrategies, Inc. (d/b/a Pure
Connection) pursuant to an Asset Purchase Agreement between PTLLC and
Lighthouse eStrategies, Inc. PTLLC is a 100% owned subsidiary of Progress
Telecom, LLC.
'>
Progress Telecom, LLC
100 Second Avenue South, Suite 400 South
St. Petersburg, FL 33701
Message
Page 1 of 1
McDeavitt, Cathy
From: Wallace, Peter
Sent: Wednesday, April 13, 20054:51 PM
To: McDeavitt, Cathy
Subject: FW: Pricing
The City of Orlando is paying $1800/monthly for a 1.5 mile wireless radius with 3 antennas.
The City of Boynton Beach is paying $3100/monthly for a 3.5 mile wireless radius with 7 antennas.
The scope of the City of Boynton Beach project is much greater by 2.0 miles and 4 additional antennas.
Therefore, the cost per mile can be calculated at $600 per mile. The 3.5 miles for Boynton Beach is calculated at $2100 plus
$1000 for the cost of the 4 additional antennas.
Peter
4/14/2005
APR-12I6-2121121~ 1212:48 PM SOlutlns.lnc.
41217 737 3099
P.0l
. ~ITY OF Ol\Lb.8DO
May 28, 2003
Lighthouse; Estrategies dba PUl'e Connection
13001 Founders Square Drive
Oriando, FL 32828
ATTENTIONI
Carlos Olivardia, President
SUBJECT: Alreement for LAN/WAN Services at !IOO L.B. McLeod, 8103.1742.2
Dear Mr. OJivardia:
Enclosed is a copy of the subject Agreement for your files.
If ynu have an)' questions concerning rhe Agreement. please contact me at (401) 246-2j07,
Sincerely,
~
Purchasing Agent m
~-t-\-tr
Wfl \ \Q(Q;
OFFICE OF' PURCIIASING .-\JIm MA TERIALS MANAGEMENT
CITY HALL' 400 SOUTH OIV.NOB AVl!N\J~. OR1.ANno. FLORIDA 32801.330~
PHONE 246-2291 . FAX 246.2809 · hllp://www.c1lyntbrlandu. 1el
, e
PUr~Dn
C----'
e
City Agreement
This Agreement between Lighthouse Estrategies, Inc d/b/a Pure Connection looated at
13001 Founders Square, Orlando, FL 32828 (hereinafter - called "Pure Connection")
and the City of Orlando, located at 400 South Orange Avenue, Orlanda, FL 32801
(hereinafter - called "City") shall be effective on the completion of connection of the first
initial location and shall remain in effect thereafter for a period of twelve (12) months.
Pure Connection will provide bandwidth to the City of Orlando at various locations listed
in Exhibit "A" when authoriZed by the City. Pure Connection will be notified via a "Notice
to Proceed" from the Office of Purchasing of the location(s) to be activated and the date
in which selVices are required. Only locations, which have been identified in a "Notice to
Proceed" are to receive service. No payments shall be made to Pure Connection for any
service not authorized through a "Notice to ProceedM. Service for each subsequent
location added through a "Notice to Proceed" shall terminate concurrently with the first
initial location. This Agreement may, by mutual assent of the parties, be extended for
additional twelve (12) month periods or portions thereof.
Provision of Services
Pure Connection will provide to City dedicated network connectivity with a Committed
Information Rate (CIR) of 1 mg to each of the locations identified by the City in exchange
for payments of fees and compliance with the terms and conditions of this agreement.
Services are defined as the use of tele-communications services. This CIR threshold
does not taka into account any degradation in speed that may occur due to VPN
configurations by the City.
Pure Connection will provide the bandwidth to the given location in the form of an
Ethernet connection that the city will use to connect to City provided equipment. The
connection will be deemed complete when the City has approved the link.
Service Level Agreement (SLA)
Should the City experience a material service deficiency during the service period of the
City Agreement with Pure Connection, City shall advise Pure Connection of the
deficiency at the time of occurrence and Pure Connection shall have 24 hours to
address such service deficiency from the time of notification. Some buildings will be
identified, as "Critical" by the city and those buildings will have a four-hour response
time. A material defiCiency is one that significantly impairs the ability of the City to
transmit and/or receive data. If Pure Connection fails to perform, the City may terminate
this agreement without incurring the termination charges specified in the Account
Termination section of the City Agreement.
EaulDment
All Equipment, (radios, antennas & standard mounting eqUipment) will at all times
remain the property of Pure Connection. The City may not sell, transfer, lease,
encumber or assign all or part of the equipment to any third party. The City shall pay for
the full ratail cost of, or the repair or replacement of any lost, stolen, un-returned,
damaged, sold, transferred, leased, encumbered or assigned equipment or part thereof,
together with any costs incurred by Pure Connection in obtaining or attempting to obtain
possessions or replace any such equipment. On expiration or termination of this
13001 Founders Square Dr., Orlando, FL 32828 - (407) 736-1305
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Pllr~On
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Agreement the City authorizes Pure Connection to retrieve from the City's premises the
equipment for appropriate disposition, with prior notice.
Maintenance Plan
Customer will receive a 24~hour maintenance plan with a maximum 4 hour guaranteed
response time. Not Covered Under Maintenance Plan: Maintenance, repair or
replacement of parts damaged or lost through catastrophe, accident, lightning, neglect,
misuse, transportation, theft, fault or negligence of City or causes external to the
wireless system, such as, but not limited to failure of faulty, electrical power or air
conditioning, operator error, or malfunction of City computer and/or peripheral equipment
not installed by Pure Connection, or from any cause related to or other than the intended
and ordinary use.
Use of Material
The City assumes all risks associated with material downloaded or uploaded using Pure
Connection's network, including but not limited to, copyright restrictions, trademark
restrictions, service mark restrictions, confidentiality limitations, trade secrets, patent
restrictions or any other intellectual property tangible or intangible associated with
material.
Use of Services:
City understands and agrees that this service may be utilized solely for lawful purposes
and the use of this service in connection with or adjunct to any matter of thing which
violates any foreign municipal, state, county or federal state or regulation is expressly
prohibited. City acknowledges that Pure Connection is a commercial entity. City agrees
that its use of the services herein shall not infringe upon the use by other customers on
Pure Connection's network unless specified for emergency situations. Should City
violate any provision of this section, Pure Connection, at its sole discretion may
immediately suspend services and terminate the agreement. Pure Connection', liability
for termination of this agreement under the provision shall be solely limited to a refund to
City for any unearned pre-paid service fees. Pure Connection shall not be liable for any
incidental or consequential damages as a result of the termination of the Agreement
under this provision.
Fees:
Installation fee of $300 per facility and a monthly recurring fee of $139. All fees
are due net 30 and are considered delinquent after that.
Account Termination
City may terminate this Agreement by submitting a written request for termination (email,
fax or U.S. Mail) to Pure Connection at the address listed in this agreement. Requests
received by Pure Connection prior to close of business on the twenty-fifth day of the
month shall have a termination date of the first day of the month following the date of
receipt of notice of termination. Any Termination requests received by Pure Connection
after the close of business on the twenty-fifth day of the month through the end of that
month shall have a termination date of the first day of the month fOllowing the receipt.
Any Agreement terminated under this provision shall be subject to a termination fee,
which shall equal thirty percent (30%), of the remaining monthly fees due under this
Agreement from the date of termination to the end of the 12 month Agreement term. In
the event of the termination under this provision by a Customer all amounts remaining
13001 Founders Square Dr., Orlando. FL 32828 - (407) 736-1305
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pur~on
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e
due and owing to Pure Connection including aforesaid termination fee, shall be due
within thirty (30) days of termination. Accounts not paid within thirty (30) days of
termination shall be deemed delinquent.
Indemnification/ReleaBe
To the extent of the allowable law, City, its agent. successor and/or assigns expressly
agrees to indemnify and release Pure Connection, its affiliates, subcontractors,
employees, agents, assigns or sucoessors from any liability for any claims, losses,
actions, damages, suits or proceedings arising out of or otherwise related to City's
installation of, use of, or termination of Pure Connection's services hereunder but not
limited to, City's access to content uploaded or don loaded using Pure Connection's
services from any source or recipient.
Disclaimer
Pure Connection assumes no responsibility for the content contained on the Internet.
Pure Connection discloses and City acknOwledges that there may be content on the
Internet or otherwise available through the services provided by Pure Connection, which
may be offensive to some individuals, which may not be in compliance with local, state
or federal laws, rules or regulations, including but not limited to pornographic, or
otherwise inappropriate, sexually explicit or offensive content. City acknowledges that its
use of Pure Connection's services to access information, content or other services is at
its own risk.
City will provide routers and other security devices for connecting locations.
Governina Law and Venue
The laws of the State of Florida shall govern the terms of this Agreement. The parties
hereto stipulate and agree that the exclusive venue for the resolution of all disputes
concerning this Agreement shall be Orange County, Florida.
Attornevs Fees
City and Pure Connection agree that should either party bring action for enforcement,
interpretation or otherwise under this Agreement, each party shall be responsible for its
own attorney's fees and costs including those inourred in any appeal.
Default
If City fails to pay for services rendered hereunder, Pure Connection may, at its sole
discretion, with written notice, issue a default notice letter to City demanding the default
condition to be cured. If the default condition is not remedied within the time period
specified in the notice letter, which shall not be less than seven (7) calendar days, Pure
Connection may then, without the necessity of any further notice, discontinue
performance and terminate this Agreement and pursue any other remedies available at
law or in equity. Pure Connection's failure to exercise any of its rights hereunder shall
not constitute or be construed by City as being a waiver of any past, present, or future
right or remedy.
Insurance
Pure Connection, at its own expense, shall keep in force and at all times maintain during
the term of this Agreement:
13001 Founders Square Dr., Orlando, FL 32828 - (407) 736-1305
~.
Pure Connection
~
(a.) Public Liabilitv Insurance:
Public Liability Insurance, issucd by responsible insurance companies and in a fonn
acceptable to the City, protecting and insuring against all the foregoing with coverage
limits of not less than Five-Hundred Thousand Dollars ($500,000) for Bodily Injury and
Property Damage,
(b.) Automobile Liabilitv Insurance:
Automobile Liability coverage shall be in the minimum amount of Three-Hundred
Thousand Dollars ($300.000) combined single limits for Bodily Injury and Property
Damage.
(c,) Workers' Comoensation Coverae:e:
Full and complete Workers' Compensation Coverage, as required by State of Florida Jaw,
shall be provided.
(d.) Insurance Certificates:
Pure Connection shall provide the City with Certificate(s) of Insurance on all the policies
of inslU'ance and renewals thereof jn a formes) acceptable to the City. Said Public
Liability poJicy shall provide that the City be an additional insured. The City shall be
notified in writing of any reduction, cancellation or substantial change of policy or
pol1cies at least thirty (30) days prior to the effective datc of said action.
All insurance policies shall be issued by responsible companies who arc acceptable to the
City and licensed and authorized to do business under the laws of the State of Florida.
Entire Agreement
This Agreement constitutes the entire Agreement between the parties and no other
representations or statements will be binding upon the parties. If any part of this
Agreement is held to be invalid or unenforceable for any reason, the remaining terms
and conditions of this Agreement shall remain in full force and effect.
CUSTOMER HAS READ AND AGREES TO THE TERMS OF SERVICE
ri ed City Representative
r S"I W03
JON MEAD
Director of Purchasing
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ADDENDUM NUMBER TWO TO AGREEMENT
DATED MAY 26, 2003
BETWEEN CITY OF ORLANDO AND
LIGHTHOUSE ESTRATEGIES, INC D/B/A PURE CONNECTION.
THIS ADDENDUM TO AGREEMENT is made and entered into thisd.a)lday of J ~
2004, between Lighthouse Estrategies, Inc d/b/a Pure Connection located at 13001 Founders Square,
Orlando, FL 32828 (hereinafter - called .Pure Connection") and lhe City of Orlando, a municipal corporation,
located at 400 South Orange Avenue, Orlando FL 32801 (hereinafter - called "City"),
WHEREAS, the City of Orlando and Pure Connection entered into an Agreement (lithe Agreement")
under the date of May 26, 2003, whereby the latter would perform certain services with respect to providing
bandwidth and data communication services; and
WHEREAS, Pure Connection and the City desire to amend the term of the Pilot Project and said
Agreement;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein. the
parties agree as follows:
I. TERM OF PILOT PROJECT
The Term of the Pilot Project is hereby extended for an additional twelve (12) months, beginning
on June 20. 2004 through June 19. 2005,
II. TERM OF AGREEMENT
The Term of the Agreement is hereby extended for an additional twelve (12) months, beginning
on September to. 2004 through Seotember 09. 2005. The Agreement may, by mutua) \.Vritten
assent of the parties, be extended for additional periods of time.
In all other respects, and except as specifically modified and amended herein. and in Addendum One
dated December 19,2003, the Agreement dated May 23, 2003, shall continue in full force and effect as written
and the parties hereto agree to be bound thereby.
***********************************************************************....*..*...**..****
13001 Founders Square Dr., Orlando, FL 32828 - (407) 736p1305
PlJr~on
~
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date first
Mitten above.
OFFICE OF PURCHASING
AND MATERIALS MANAGEMENT
CITY OF ORLANDO, FLORIDA fj
By:. ~~
Dir ct of Purchasing
LighthouseStrategies, Inc. d/b/a
PURE CONNECTION
By: ~ C~t;~'-
Signature
t!~i.lJ al~lkfch4... f{'p>,dc.... 4-
Name & Title, Typed or Printed
JON MEAD
Name, Typed or Printed
Date: ~ II I?, J,cdl(J
\~ KNV\d~.rj i4'..&.1o(l.
Mailing Address
o-~...dDI FL 1:l~ti
City, State and Zip
</0 7 - ., ~ , - '3 D -S-
Area Codeffelephone Number
SEAL
#~y~ DANIEL W. BROWNE
1!Wl MY COMMl9SIOH II 00 2OM'O
'tlt""!':..l EXPIRES: May 11,2007
1~ ~Nalffyo-.t~Crl. CS''r'lWJ~~Ill~ i.... 0 ~ ~~ ~"'.\h ~ Cc,1 L.J 0 't
~JL ~ p....I.-,qI'r ~
13001 Founders Square Dr., Orlando, FL 32828 - (407) 736-1305
A TrEST: (Signature of second corporate official if
~4
Signature
QMeI kW>>Alil" err;
Name & Title, Typed or Printed
Pllr~on
C---"
STATE OF Ft
COUNTY OF ~V1 J Q
"'I~'
The foregoing instrument was acknowledged before me this ~day of
and C~IJS DI,'tGrJ\l\ f- C.~Q ~l"'ll.r , as the -p,.~\~#.....J.. Ic.\"o
.
I respectively, and on behalf of p",,,..t.. 4.,Vlfl e(..~Dv\
'C.~rsonally known to!!J9 or (has) (have) prOduced
JIi~
, 20Qi, by
and
. He/she~ (is) (G)>
(Type of Identification*) as identification and (did) (did not) take an oath.
WITNESS my hand and official seal this
day of
,20~
(SEAL)
~-"f~ DANIEL W. BROWNE
:>JIJI MY COMMISSION # 00200410
1:!f11'I ExPIRES: May ,'.2<<17
~"~ ~
~ f\. ~ 0l0CCUl'I ~
es:
~-.!L L-xt B
Signature of Person Taking Acknowledgmen
D~ l'J J ~v \-J b V"eWN---L
Typed, Printed or Stamped Name of Person
Taking Acknowledgment
,~.~
~
*Acceptable Form of 10 pursuant to Florida Statute 117.05 (provided it is current or has been issued within the
past 5 years and bears a serial or other identifying number);
! a driver's license or non-drIver's ID card issued by Florida or any other U.S. state or U.S. territory;
! a U.S. passport or a foreign passport stamped by the U.S. Immigration and Naturalization Service;
! a U.S. military 10 card;
I a Canadian or Mexican driver's license issued by an official agency;
! for an inmate in custody, an 10 card issued by the Florida Department of Corrections;
! an 10 card issued by the U.S. Immigration and Naturalization Service.
13001 Founders Square Dr., Orlando, FL 32828 - (407) 736-1305
.
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BI03-1742-2
Addendum One
pur~on
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City Hot Spot Broadband Agreement - Addendum 1
This Addendum 1 to the Agreement entered into on May 26. 2003 between Lighthouse
Estrategles, Inc d/b/a Pure Connection located at 13001 Founders Square, Orlando,
FL 32828 (hereinafter - called "Pure Connection") and The City of Orlando, a municipal
corporation, located at 400 South Orange Avenue, Orlando FL 32801 (hereinafter-
called .City") shall be effective on the completion of connection and shall remain in effect
for a period of 6 months.
WHEREAS. the City and Pure Connection entered into an Agreement for
services on May 26, 2003, to provide wireless connectivity services to the City
(hereinafter "the Agreemenr); and
WHEREAS, the City and Pure Connection desire to amend the scope of services
of said Agreement;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties agree as follows:
I.
Provision of Services
. ...
In addition to the Provision of Services set forth in the Agreement, Pure
Connection will provide to the City 2MB access to the Internet shared by the sites within
the coverage area listed below in exchange for payments of fees and compliance with
the terms and conditions of the Agreement for a Pilot Project for free internet access in
the downtown area of the City of Orlando (hereinafter Pilot Project). Services are
defined as the use of data communications services.
s. Coverage Area
The coverage area Pure Connection will target ;s as follows:
· The Orange Ave Corridor from Robinson St. to South Sl
· Wall Street Plaza Induding Heritage Square Park
· Lake EoJa bordered by North Eola Drive, Robinson Street.
Rosalind Avenue and Central Blvd.
Pure Connection will provide 802.11 B access for broadband Intemet access
within the coverage areas listed above. Pure Connection Will provide the City
with a.map outlining the area~ of coverage and signal saturation. Coverage Will
be saturated in areas such as the Heritage Square Park, Lake Eola Park and
Orange Avenue pedestrian areas.
13001 Founders Square Dr., Orlando, FL 32828 - (407) 736-1305
. .'
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8103-1742-2
Addendum Ole
Pure Connection wiU provide coverage to the Orange Avenue Corridor from
Robinson St. to South St., Heritage Square Palk, Wall Street Plaza and Lake
Eola Park prior to January 5, 2004.
b. Services
Services - Pure Connection will provide open 802.11 B coverage in the area
outlined in the Coverage Area Section. Where possJble the antennas will be
located at street level. .
Virus Scanning - Pure Connection will provide virus scanning applications over
the network and shut down any device thought to be performing virus related
activities .
Excessive Use - If requested by the City, Pure Connection can limit usage by
setting time usage restrictions on access.
Registration - If requested by the City, Pure Connection will set up a registration
system for all users utilizing the network.
Surveys - Pure Connection will proVide the ability for Pilot Project users to
participate in an opt-in survey. content to be provided by the City. Pure
Connection will retain sLl'Vey information and results for a period of 60 days
following completion date of the Pilot Project.
Technical Support Telephone Number - Pure Connection will provide a
designated technical support telephone number, which will be prominently placed
on the initiiU sign-on page. Pure Connection will be the sole and primary contact
for customer service inquiries.
Network User Instructions - Pure Connection wifl provide network user
instructions that the City will be able to post on its website and use in promotional
materials.
Disclaimer - Pure Connection will display the City's disclaimer and acceptance
indicator on the initial sign-on page.
No advertising, commercial promotions, ete. - Unless expressly authorized by
the City, There will be no advertising, commercial promotions, etc. on the internet
access being paid for by the City, with the exception of acknowledgement of Pure
Connection as the service provider (8Service provided by Pure Connectiona),
contact information for service provider Pure Connection and the designated
technical support telephone number provided by Pure Connection. Pure
Connection will provide the city the logo and phone number.
13001 Founders Square Dr., Orlando, FL 32828 - (407) 736-1305
"
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Pure Connectloo
~
8103-1742-2
Addencbn <he
c. Reporting
Utillzatron Data - Pure Connection will provide real time reports to the city
showing the number of users onUne. Pure Connection will also provide to the
City any and all audit logs of transactions related to the Pilot Project free access
in a database, preferably SQL format and will provide the City with access to any
and all other information related to the Pilot Project that it may request Such
database will at a minimum include frequency of use. duration of use, time of
day, which sites they visited, how long they were on each of those sites and the
quantity downloaded from each site. Pure Connection will provide the
information to the City on a monthly basis (within 30 days of month end) on a
CDJDVD medium. In addition, Pure Connection will make good faith efforts to
provide the City with user data that may be requested perIodjcaJly during the
course of the Pilot Project. Data will be stored by Pure Connection for 1 year.
Pure Connection will assist the City to create, measure and analyze consumer
response to online and offline mal1<.eting activities.
Online Monitoring of Utilization - Pure Connection will provide the City the
. tools to monitor the connection to insure that a 2MB connection is available.
The city will have the capability to monitor online broadband utilization to
determine how much of the available. broadband is being utilized.
All research, data and findings will be the sole property of the City.
d. Marketing and Promotional Materials City shall market the Pilot Project,
including press releases, in a manner that will give acknowledgement to Pure
Connection as the service provider. All promotional materials, press
releases or public statements issued by Pure Connection that references the
City of Orlando as a customer and/or the Pilot Project shalf be subject to
written approval by the City prior to issuance or publication.
e. DesIgnated Contacts. For the services to be provided pursuant to this
Addendum, the City designates its Chief Information Officer (or designee) as the
primary contact for Pure CoMedion. Pure Connection designates Carlos
Olivardia as the primary contact for the City.
II. Fees:
The monthly fee for these additional services service is $1800 for the 6 month
period of this Addendum.
III. Use of Material; Use of Servlc..:_pure Connection will display a disclaimer
and acceptance indicator on the initial sign-on page. Users will assume alf risks
associated with use of Pure Connection's network. Users will be responsible for
using the service for lawful purposes.
13001 Founders Square Dr., Orlando, FL 32828 - (407) 736-1305
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pur~on
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B103-1742-2
Addendum One
In all other respects, and except as specificaUy modified an amended herein, the
Agreement dated May 26,2003, shaD continue in full force and effect as written and
parties hereto agree to be bound thereby.
,,,,-/,IN WITNESS WHEREOF, the parties hereto enter into this Amendment on this
~. aay of December, 2003.
OFFICE OF PURCHASING
AND MATERIALS MANAGEMENT
CITY OF ORLANDO, IDA
MEA
Name, ~ or Printed
O t:P t t)~
ate: ~ ~
('7, l-oo~
APPROVED AS TO FORM AND LEGALITY
for the use and reliance of the
City of Orlando, Florida, only.
~~ 17
. 20 D-/
~TrORHEY
. ORLANDO, FLORIDA
-
LighthouseStrategies, Inc. d/b/a
PURE CONNECTION
~:." C
By:, -"-" C
Signature
CAeL6f ~c'~\lc.rClhC\., M-od.el...+
Name & Title, Typed or Printed
00 I) ~ou.....l<.rs ~ .
Mailing Address
O~lc.,..Joj pL- 1~i'2.~
City, State and Zip
i<n - 7 Jb -{JOS- ,
Area CodelTeJephone Number
SEAL
ATTEST: (Signature of second
corporate official If
applicable)
~~
Signature
CAb,( L'lI1q'1J.f,' C/o
Name & TItre, Typed or Printed
13001 Founders Square Dr.. Orlando. FL 32828 - (407) 736-1305
.', "
" ...
pur~on
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BI03-1742-2
Addendum Qle
STATE OF -ELaLl DA-
COUNTY OF e~
+-h
The foregoing instrument was acknowledged before me this J1 0 day of
~ 20~ by eMJ.\.c,.) O\\'4~'" and
, as the 'P'fCh~~. ~ ~~G'" and
I respectively, and on behalf of ?~ c.o'hL<i.-iOt'\
HeJshelthey (;s) (are) personally known to me or (has) (have) produced
FL OIL .
{Type of IdentiflCation*} as
identification and (did) (did not) t~ke an oath.
WITNESS my hand and official se
20.Q..~
(SEAL)
~tP I'IAL CYNtHIA E. 8ANFOIlD
"......;:'-t' MY ctIIM1SSICIN' DO tG8S
..:tAL... EXPRs....22.-
~~ 1elIlIIId~8~_....
'ClIff\:
My Commission Expires:
(1- '2.'1.. . 01
*Acceptable Form of 10 pursuant to Florida Statute 117.05 (provided it is current or has
been issued within the past 5 years and bears a serial or other Identifying number):
! a driver's license or non-driver's 10 card issued by Florida or any other U.S,
state or U.S. territory;
a U.S. passport or a foreign passport stamped by the U.S. Immigration and
Naturalization Service;
a U.S. military 10 card;
a Canadian or Mexican driver's license issued by an officfal agency;
for an inmate in custody. an 10 card issued by the Rorlda Department of
Corrections;
an 10 card issued by the U.S. Immigration and Naturalization Service.
13001 Founders Square Dr., Orlando, FL 32828 - (407) 736-1305
. . I ~
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8103-1742-2
Addendum cne
STATE OF Rot'lef~
COUNTY OF tJ....IJ"5<-
The foregoing instrument was acknowledged before me this /4IIt day of
~, 2018 by Ch.2tt lhuJvdl U~~.b~' and
· aslhe ('1.~ W_~tJ~~; and
· respectively, and on behan of - ",;;: _- - ~ .
Helehelthey- (is) (am) personaJly known to me or (has) (1:Niwe) produced
FIt>rfdL D".,,,~~ :tf t.S'Sd -/l3.'7~,,"O,,~Cf-a
identification and (did) (d!SJ.l.2!) take an oath.
(Type of Identification*) as
WITNESS my hand and official seal this /'1-bJ. day of ~ih ,2OQJ
(SEAL) ~4. ~~ J JJ .U~~~
Signature of Person Taking Acknowledgment
7h.l1t~S" J+. Sq./;,c:;. +.';..
Typed, Printed or Stamped Name of Person
Taking Acknowledgment
My Commission Expires:
ml\ lheMatl SatIiIaI
. ~ MYCLVISSOJ, 1lD1lll556 BlPlIB
~( .: Januo.., 12. 21107
..... . . "~ .' IlONlRllMlUlIIOI"r.ut~1IIC.
*Acceptable Form of 10 pursuant to Florida Statute 117.05 (provided it is current or has
been issued within the past 5 years and bears a serial or other Identifying nUmber):
! a drlver-s license or non-driver's 10 card issued by Rorida or any other U.S.
state or U.S. territory;
a U.S. passport or a foreign passport stamped by the U.S. Immigration and
Naturalization Service;
a U.S. military ID card;
a Canadian or Mexican driver's license issued by an official agency;
for an inmate in custody, an 10 card issued by the Rorida Department of
Corrections;
an 10 card issued by the U.S. Immigration and Naturalization Service.
13001 Founders Square Dr., Orlando, FL 32828 . (407) 736-1305
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Pure Connection
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It
City Agreement
This Agreement between Lighthouse Estrategles, Inc d/b/a Pure Connection located
at 13001 Founders Square, Orlando, FL 32828 (hereinafter - called "Pure Connection")
and The City of Orlando, located at 400 South Orange Avenue, Orlando FL 32801
(hereinafter - called "City") shall be effective on the completion of connection and shall
remain in effect for a period of 12 months. Pure Connection will provide bandwidth to
5100 LB McLeod Rd. Orlando, FL 32811.
Provision of Services
Pure Connection will provide to City shared broadband access to the location identified
by the City in exchange for payments of fees and compliance with the terms and
conditions of this agreement. Servioes are defined as the use of tele.communications
services. This CIR threshold does not take into account any degradation in speed that
may occur due to VPN configurations by the City.
Pure Connection will provide the bandwidth to the given location in the form of an
Ethernet connection that the oity will use to connect to City provided equipment. The
connection will be deemed complete when the City has approved the link.
Service Level Aareement iSLA)
Should the City experience a material service defioiency during the service period of the
City Agreement with Pure Connection, City shall advise Pure Connection of the
deficiency at the time of occurrence and Pure Connection shall have 24 hours to
address such service deficiency from the time of notification. A material deficiency is
one that significantly impairs the ability of the City to transmit and/or receive data. If
Pure Connection fails to perform, the City may terminate this agreement without
incurring the termination charges specified in the Account Termination section of the City
Agreement.
E.Quipment
All Equipment, (radios, antennas & standard mounting equipment) will at all times
remain the property of Pure Connection. The City may not sell, transfer, lease,
encumber or assign all or part of the equipment to any third party. The City shall pay for
the full retail cost of, or the repair or replacement of any lost, stolen, un-returned,
damaged, sold, transferred, leased, encumbered or assigned equipment or part thereof,
together with any costs incurred by Pure Connection in obtaining or attempting to obtain
possessions or replace any such equipment. On expiration or termination of this
Agreement the City authorizes Pure Connection to retrieve from the City's premises the
equipment for appropriate dispositIon, with prior notice.
Maintenance Plan
Customer will receive a 24-hour maintenance plan with a maximum 4 hour guaranteed
response time. Not Covered Under Maintenance Plan: Maintenance, repair or
replacement of parts damaged or lost through catastrophe, accident, lightning, neglect,
13001 Founders Square Dr., Orlando. FL 32828 - (407) 736-1305
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Pure Connection
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misuse, transportation, theft, fault or negligence of City or causes external to the
wireless system, such as, but not limited to failure of faulty, electrical power or air
conditioning, operator error, or malfunction of City computer and/or peripheral equipment
not installed by Pure Conneotion, or from any cause related to or other than the intended
and ordinary use.
Use of Material
The City assumes all risks associated with material downloaded or uploaded using Pure
Connection's network, including but not limited to, copyright restrictions, trademark
restrictions, service mark restrictions, confidentiality limitations. trade secrets, patent
restrictions or any other intellectual property tangible or intangible associated with
material.
Use of Services:
City understands and agrees that this service may be utilized solely for lawful purposes
and the use of this service in connection with or adjunot to any matter of thing which
violates any foreign municipal, state, county or federal state or regulation is expressly
prohibited. City aCknOWledges that Pure Connection is a commercial entity. City agrees
that its use of the services herein shall not infringe upon the use by other customers on
Pure Conneotion's network unless specified for emergency situations. Should City
violate any provision of this section,' Pure Connection, at its sole disoretion may
immediately suspend services and terminate the agreement. Pure Connection~ liability
for termination of this agreement under the provision shall be solely limited to a refund to
City for any unearned pre-paid service fees. Pure Connection shall not be liable for any-
incidental or consequential damages as a result of the termination of the Agreement
under this provision.
Fees;
Installation fee of $300 per faCility and a monthly recurring fee of $139. All fees
are due net 30 and considered delinquent after that date.
Account Termination
City may terminate this Agreement by submitting a written request for termination (email,
fax or U.S. Mail) to Pure Connection at the address listed in this agreement. Requests
received by Pure Connection prior to close of business on the twenty-fifth day of the
month shall have a termination date of the first day of the month following the date of
receipt of notice of termination. Any Termination requests received by Pure Connection
after the close of business on the twenty-fifth day of the month through the end of that
month shall have a termination date of the first day of the month following the reoeipt.
Any Agreement terminated under this provision shall be subject to a termination fee,
which shall equal thirty peroent (30%), of the remaining monthly fees due under this
Agreement from the date of termination to the end of the 12 month Agreement term. In
the event of the termination under this provision by a Customer all amounts remaining
due and owing to Pure Connection including aforesaid termination fee, shall be due .
within thirty (30) days of termination. Accounts not paid within thirty (30) days of
termination shall be deemed delinquent.
13001 Founders Square Dr" Orlando, FL 32828 - (407) 736-1305
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Pure Connection
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IndemnlflcatlonIRelease
To the extent of the allowable law, City, its agent, successor and/or assigns expressly
agrees to indemnify and release Pure Connection, its affiliates. subcontractors,
employees, agents, assigns or successors from any liability for any claims, losses,
actions, damages, suits or proceedings arising out of or otherwise related to City's
installation of, use of, or termination of Pure Connection's services hereunder but not
limited to, City's access to content uploaded or don loaded using Pure Connection's
services from any source or recipient.
Disclaimer
Pure Connection assumes no responsibility for the content contained on the Internet.
Pure Connection discloses and City acknowledges that there may be content on the
Internet or otherwise available through the services provided by Pure Connection, which
may be offensive to some individuals, which may not be in compliance with local, state
or federal laws, rules or regulations, including but not limited to pornographic, or
otherwise inappropriate, sexually expliCit or offensive content. City acknowledges that its
use of Pure Connection's services to access information, content or other servioes is at
its own risk.
City will provide routers and other security devices for connecting locations.
Governinq Law and Venue
The laws of the State of Florida shall govern the terms of this Agreement. The parties
hereto stipulate and agree that the exclusive venue for the resolution of all disputes
concerning this Agreement shall be Orange County, Florida.
Atlorney& Fees
City and Pure Connection agree that should either party bring action for enforcement,
interpretation or otherwise under this Agreement, each party shall be responsible for its
own attorney's fees and costs including those incurred in any appeal.
Default
If City fails to pay for services rendered hereunder, Pure Connection may, at its sole
discretion, with written notice, issue a default notice letter to City demanding the default
condition to be cured. If the default condition is not remedied within the time period
specified in the notice letter, which shall not be less than seven (7) calendar days, Pure
Connection may then, without the necessity of any further notice, discontinue
performance and terminate this Agreement and pursue any other remedies available at
law or in equity. Pure Connection's failure to exercise any of its rights hereunder shall
not constitute or be construed by City as being a waiver of any past, present, or future
right or remedy.
13001 Founders Square Dr., Orlando, FL 32828 - (407) 736-1305
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Pure Connection
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Insurance
Pure Connection, at its own expense, shall keep 1n force and at all times maintain during
the term of this Agreement:
(a.) Public Liabilitv Insurance:
Public Liability Insurance, issued by responsible insurance companies and in a form
acceptable to the City, protecting and insuring against all the foregoing with coverage
limits of not less than Five-Hundred Thousand Dollars ($500,000) for BodHy Injury and
Property Damage.
(b.) Automobile LiabDitv Insurance:
Automobile Liability coverage shall be in the minimum amount of Three-Hundred
Thousand Dollars ($300,OOO) combined single limits for Bodily Injury and Property
Damage.
(c.) Workers' Comnens,tion Coveraee:
Full and complete Workers' Compensation Coverage, as required by State of Florida law,
shall he provided.
(d.) Insurance Certificates:
Pure Connection shall provide the City with Certificate{s) of Insurance on wIthe policies
of insurance and renewals thereof in a formes) acceptable to the City. Said Public
Liability policy shall provide that the City be an additional insured. The City shall be
notified in writing of any reduction, cancellation or substantial change of policy or
policies at least thirty (30) days prior to the effective date of said action.
AU insurance policies shall be issued by responsible companies who are acceptable to the
City and licensed and authorized to do business under the laws or the State of Florida.
Entire Aareement
This Agreement constitutes the entire Agreement between the parties and no other
representations or statements will be binding upon the parties. If any part of this
Agreement is held to be invalid or unenforceable for any reason, the remaining terms
and conditions of this Agreement shall remain in full force and effect.
CUSTOMER HAS READ AND AGREES TO THE TERMS OF SERVICE
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JON MEAD
Director of Purchasing
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~SSISTAKT CITY mOR~EY
IlRI ~MDO. FlORloa
ized City Representative
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13001 Founders Square Dr., Orlando, FL 32828 - (407) 736-1305
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RECOMMENDATION: Please place this request on the April 19, 2005 City Commission Agenda under ~~gal,.,:~:;:
Ordinance - Second Reading. The City Commission approved the subject request on April 5, 2005 under Public Heoringo i ...~"
and Legal, Ordinance - First Reading. For further details pertaining to the request, see attached Department ofDevclCipm~~"~
Memorandum No. PZ 05-04-263. ~ -~ ITl
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XII. - LEGAL
ITEM A.I ~ a.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Comrnission 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
D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon)
IZI April 19,2005 April 4, 2005 (Noon) D June 2 I, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17, 2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon)
NATURE OF
AGENDA ITEM
D
D
D
D
D
D
City Manager's Report
Administrative D Development Plans
Consent Agenda D New Business
Public Hearing IZI Legal
Bids D UnfInished Business
r)
Announcement D Presentation C1
:~":'1I
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Barr Property (LUAR 04-009)
John Barr, Cornerstone Premier Communities
BMVFL-l, Inc.
1801 NE 4th Street
Request to amend the Comprehensive Plan Future Land Use Map from High Density
Residential to Special High Density Residential; and
Request to rezone from R-3 Multi-family Residential to Planned Unit Development
(PUD).
Proposed Use: townhouse community of 180 units
PROGRAM IMP ACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
~
Develo tepa ent Director City Manager's Signature
"7/.tJ z: - ///
~anning and t&; Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\ WP\PROJECTS\Barr Property\LUAR 04-009\Agenda Itern Request Barr Property 2nd reading LUAR 04-009 4- I 9-05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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ORDINANCE NO. 05-0903.
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AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING THE
APPLICATION OF BOYNTON VILLAGE, LLC/
CORNERSTONE PREMIER COMMUNITIES,TO
REZONE A PARCEL OF LAND, AMENDING
ORDINANCE 02-013 TO REZONE A PARCEL OF
LAND LOCATED AT 1801 NORTHEAST 4TH
STREET, BOYNTON BEACH, FLORIDA, FROM
MULTI FAMILY RESIDENTIAL (R-3) TO
PLANNED UNIT DEVELOPMENT (PUD);
PROVIDING FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTIVE DATE.
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19
20 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
21 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for
22 said City; and
23 WHEREAS, BMVFL-l, Inc., owner of the property located at 1801
24 Northeast 4th Street in Boynton Beach, Florida, as more particularly described
25 hereinafter, has heretofore filed a Petition, through its agent, Boynton Village,
26 LLC/Comerstone Premier Communities, pursuant to Section 9 of Appendix A-
27 Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose
28 of rezoning a parcel of land, said land being more particularly described hereinafter,
29 from Multi-Family Residential (R-3) to Planned Unit Development (PUD); and
30 WHEREAS, the City Commission conducted a public hearing and heard
31 testimony and received evidence which the Commission finds supports a rezoning
S :\CA \Ordinances\Planning\RezoninglRezoning - Barr Property.doc
1 for the property hereinafter described; and
2 WHEREAS, the City Commission finds that the proposed rezonmg IS
3 consistent with an amendment to the Land Use which was contemporaneously
4 considered and approved at the public hearing heretofore referenced; and
5 WHEREAS, the City Commission deems it in the best interests of the
6 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter
7 set forth.
8
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
9 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
10
Section 1.
The foregoing Whereas clauses are true and correct and
11 incorporated herein by this reference.
12
Section 2.
The following described land, located at 1801 Northeast 4th
13 Street in the City of Boynton Beach, Florida, as set forth as follows:
14
15 That portion of Lots 20 through 26, inclusive, lying East of
16 the West line of Section 15, Township 45 South, Range 43
1 7 East, Boynton Beach, Florida, as shown on the Plat of SAM
18 BROWN JR.'S HYPOLUXO SUBDIVISION, as recorded
19 in Plat Book 1, Page 81, in and for the Public Records of
20 Palm Beach County, Florida. Less however the South 332
21 feet, of the West 165 feet, (as measured along the West and
22 South lines) thereof.
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25 be and the same is hereby rezoned from Multi-Family Residential (R-3) to Planned Unit
26 Development (PUD). A location map is attached hereto as Exhibit "A" and made a part
27 of this Ordinance by reference.
S:\CA\Ordinances\Planning\Rezoning\Rezoning - Barr Property.doc
1 Section 4. That the aforesaid Revised Zoning Map of the City shall be amended
2 accordingly.
3 Section 5. All ordinances or parts of ordinances in conflict herewith are hereby
4 repealed.
5 Section 6. Should any section or provision of this Ordinance or any portion
6 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall
7 not affect the remainder of this Ordinance.
8 Section 7. This ordinance shall become effective immediately upon passage.
9 FIRST READING this 5 day of ~ ' 2005.
10 SECOND, FINAL READING and PASSAGE this _ day of ,2005.
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2 6 ATTEST:
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29 City Clerk
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31 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\PIanning\Rezoning\Rezoning - Barr Property.doc
1 ORDINANCE NO. 05- oa ,
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3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE
5 89-38 BY AMENDING THE FUTURE LAND USE
6 ELEMENT OF THE COMPREHENSIVE PLAN
7 FOR A PARCEL OWNED BY BMVFL-l, INC.,
8 AND LOCATED AT 1801 NORTHEAST 4TH
9 STREET; CHANGING THE LAND USE
10 DESIGNATION FROM HIGH DENSITY
11 RESIDENTIAL TO SPECIAL HIGH DENSITY
12 RESIDENTIAL; PROVIDING FOR CONFLICTS,
13 SEVERABILITY, AND AN EFFECTIVE DATE.
14
15 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
16 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land
17 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local
18 Government Comprehensive Planning Act; and
19 WHEREAS, the procedure for amendment of a Future Land Use Element of a
20 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed;
2 1 and
22 WHEREAS, after two (2) public hearings the City Commission acting in its
23 dual capacity as Local Planning Agency and City Commission finds that the
24 amendment hereinafter set forth is consistent with the City's adopted Comprehensive
25 Plan and deems it in the best interest of the inhabitants of said City to amend the
26 aforesaid Element of the Comprehensive Plan as provided.
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
29 Section 1: The foregoing WHEREAS clauses are true and correct and
30 incorporated herein by this reference.
S:\CA\Ordinances\Planning\Land Use\Barr.doc
i I
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1
Section 2:
Ordinance No. 89-38 ofthe City is hereby amended to reflect the
2 following:
3 That the Future Land Use of the following described land located at 1801
4 Northeast 4th Street in Boynton Beach, Florida shall be changed from High Density
5 Residential and shall now be designated as Special High Density Residential (20 du/ac):
6 That portion of Lots 20 through 26, inclusive, lying East of the West line of
7 Section 15, Township 45 South, Range 43 East, Boynton Beach, Florida, as
8 shown on the Plat of SAM BROWN JR.'S HYPOLUXO SUBDIVISION, as
9 recorded in Plat Book 1, Page 81, in and for the Public Records of Palm
10 Beach County, Florida. Less however the South 332 feet, of the West 165
11 feet, (as measured along the West and South lines) thereof.
12
13
14 Subject to easements, restrictions, reservation and rights of way of record.
15
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1 7 Section 3: That any maps adopted in accordance with the Future Land Use Element
18 of the Future Land Use Plan shall be amended accordingly.
19 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
20 repealed.
21 Section 5: Should any section or provision ofthis Ordinance or any portion thereof
22 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
23 the remainder of this Ordinance.
24 Section 6: This Ordinance shall take effect on adoption, subject to the review,
25 challenge, or appeal provisions provided by the Florida Local Government Comprehensive
26 Planning and Land Development Regulation Act. No party shall be vested of any right by
27 virtue of the adoption of this Ordinance until all statutory required review is complete and
28 all legal challenges, including appeals, are exhausted. In the event that the effective date is
29 established by state law or special act, the provisions of state act shall control.
S:\CA\Ordinances\Planning\Land Use\Barr.doc
II
AP':bL
2 SECOND, FINAL READING and PASSAGE this _ day of
1
FIRST READING this !J day of
3 2005.
,2005.
4 CITY OF BOYNTON BEACH, FLORIDA
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20 ATTEST:
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23 City Clerk
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25 (Corporate Seal)
26
S:\CA\Ordinances\Planning\Land Use\Barr.doc
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING a ZONING DMSION
MEMORANDUM NO. PZ 04-263
Chair and Members
Community Redevelopment Agency Board and
City comm~s~? _
Dick HudsM<<rcP
Senior Planner ~
Michael W. Rumpf
Director of Planning and Zoning
October 29, 2004
Barr Property
LUAR 04-009
Amend the Future Land Use designation from High Density
Residential to Special High Density Residential; and,
Rezone the property from R-3 Multi-family Residential to PUD
Planned Unit Development.
Property Owner:
Applicant! Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPnON
BMVFL-1, Inc.
Boynton Village, LLC/Cornerstone Premier Communities
1801 NE 4th Street (Exhibit "A")
:t9.88 acres
High Density Residential (10.8 dwelling units per acre [du/ac])
(Boynton Mobile Home Park)
R-3 Multi-family Residential
Special High Density Residential (20 du/ac)
PUD Planned Unit Development
Townhouse-style condominium community of 180 units
Page 2
File Number: LUAR 04-009
Barr Property
Adjacent Uses:
North:
Single-family residential development designated High Density
Residential. Property to the northeast is zoned PUD Planned Unit
Development; to the northwest the property is zoned R-3 Multi-
family Residential.
South:
Developed property designated High Density Residential (HDR)
and zoned R-3 Multi-family Residential (day care center and rental
apartments).
Rights-of-way of the Florida East Coast (FEe) Railroad and North
Federal Highway, then developed property on the east side of
Federal Highway, designated Local Retail Commercial and zoned
C-3 Community Commercial.
Right-of-way of NE 4th Street, then developed Multi-family
residential (Boynton Bay) designated High Density Residential and
zoned PUD Planned Unit Development.
East:
West:
EXECUnvE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The request is consistent with relevant policies in the Comprehensive Plan and the
adopted "Federal Highway Corridor Community Redevelopment Plan".
2. The redevelopment of the property is desirable; the proposed rezoning maintains the
residential character of the area, and will provide an aesthetically pleasing living
environment in proximity to the downtown.
3. The proposed development meets the standards expected when a Planned Unit
Development is requested in the Special High Density Residential land use category.
SITE PLAN/MASTER PLAN ANALYSIS
It is a basic expectation that anyone requesting the use of the Special High Density Residential
land use category and PUD regulations will develop to standards that exceed the City's basic
development standards in terms of site design, building architecture and construction materials,
amenities and landscape design. To that end, all applications for rezoning to a PUD must be
accompanied by a detailed master plan or site plan. In this instance, an application for site plan
approval has been submitted and is being reviewed concurrent with this request.
The Special High Density Residential land use category allows up to a maximum of 20 du/ac. In
this instance, the applicant is proposing a development containing 180 units in a mixture of
townhouses and flats with an overall density of 18.2 du/ac.
Page 3
Rle Number: LUAR 04-009
Barr Property
The site plan proposes one (1) main point of entrance/egress from NE 4th Street. An
emergency point of entrance/egress is shown also from NE 4th Street would be used only when
the main entrance Is obstructed.
The 180 dwelling units are proposed within 15 separate buildings arranged along a loop road
within the 9.88-acre site. The number of units within the buildings ranges from eight (8) to 14
units. Two stacked condominium flat units on each end flank two-story townhouse units in
each building. Unit sizes range from 1,356 square feet to 1,879 square feet. The maximum
h~ight of the structures Is 35 feet (3 stories), measured to peak of roof.
The PUD zoning district regulations contain no constant minimum setback requirements,
requiring however, that setbacks mirror setbacks of adjacent development. The site plan shows
a setback of 40 feet from NE 4th Street and 20 feet from all other property lines. These
setbacks are consistent with those of adjacent development.
A recreation area Is proposed for the center of the development, surrounded by the residential
buildings on all sides. This area contains a clubhouse with 1,838 square feet under air, a
swimming pool, tot-lot and a passive green area. A five (5) foot high aluminum fence will
surround the recreation area.
Staff has recommended approval of the site plan.
PROJECT ANALYSIS
Chapter 163.3187, Florida Statutes states the requirements for small-scale Comprehensive Plan
map amendments. The proposed amendment must involve a use of fewer than ten (10) acres
and a residential use must have a density of ten (10) units or less In density, unless the subject
property Is located In an area designated for urban infill, urban redevelopment, or downtown
revitalization. The parcels, which are the subject of this land use amendment, total 9.88 acres.
Even though the requested density Is greater than 10 dulac, It Is located within a recognized
redevelopment area. Because of this and the size of the property under consideration, the
amendment qualifies as a "small scale" amendment. A "small-scale" amendment is adopted
prior to forwarding to the Florida Department of Community Affairs and Is not reviewed for
compliance with the state, regional and local comprehensive plans prior to adoption.
The criteria used to review Comprehensive Plan amendments and rezonlngs are listed In the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to, a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's risk
manager. Theplanning department shall also recommend limitations or
requirements, which would have to be imposed on subsequent development of the
property, in order to comply with polides contained in the comprehensive plan.
Page 4
File Number: LUAR 04-009
Barr Property
The property is not located within the hurricane evacuation zone. In addition, the proposed
townhouse project will replace an antiquated mobile home park with residences that are less
vulnerable to the effects of tropical storms than older mobile homes since they must meet
minimum standards for High Velocity Hurricane Zones as required by the Florida Building Code.
The criteria for assigning the Special High Density Residential land use category are found in
Policy 1.16.1 of the Future Land Use Element:
"n-Jis land use category shall consist of redevelopment and infill residential
areas assigned to this land use category in the portion of the designated
Community Redevelopment Area identified as Planning Area I and Planning
Area V in the "Federal Highway Corridor Community Redevelopment Plan';
adopted on May 15, 2001. "
The proposed redevelopment residential project is located in Planning Area I, as defined in the
above-cited redevelopment plan, and therefore meets the criteria for consideration of the land
use amendment.
Other policies contained in the Comprehensive Plan that are applicable include:
Policy 1.19.1
n-Je City shall continue efforts to encourage a full range of housing choices,
by allowing densities which can accommodate the approximate number and
type of dwellings for which the demand has been projected in the Housing
and Future Land Use Elements, induding the provision of adequate sites for
housing very-Iol--Y, low-, and moderate income households and for mobile
homes;
Policy 1.19.7
n-Je City shall continue to change the land use and zoning to permit only
residential or other non-commercial uses in areas where the demand for
commercial uses will not increase, particularly in the Coastal Area; and~
The requested land use amendment and rezoning are consistent with both policies. In addition,
they are consistent with the following strategies for Planning Area I, as stated in the "Federal
Hiahwav Corridor Community Redevelopment Plan":
Encourage a variety of housing. Develop intensity standards that allow
for a variety of housing styles and types at intensities that will assist in
supporting the downtown area and general economic expansion; and,
Require a transition to the adjacent gateway neighborhoods. Create
development standards in the dty entrance communities that establish a
logical transition to the gateway communities. Building scale, massing and
placement should be less intense than that of the adjacent planning areas,
but substantial enough to announce an arrival in the City.
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated district unrelated to adjacent and nearby
Page 5
File Number: LUAR 04-009
Barr Property
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the public welfare.
The requested land use amendment and rezoning will promote efficient use of the subject
property. The property's location within both the Community Redevelopment Area and
Planning Area I of the Federal Highway Corridor suggests that the requested increase in density
is appropriate for the area. Adjacent properties lying north, west and south of the subject
property are designated for high density residential uses, and while the requested density is
greater than that of the surrounding development, it is consistent with the transition in uses
recommended in the Federal Highway Corridor Community Redevelopment Plan.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The property is currently developed with an aging mobile home park. The redevelopment of
the property is desirable. The proposed rezoning maintains the residential character of the
area, and will provide an aesthetically pleasing living environment in proximity to the
downtown.
c. Whether the proposed use would be compatible with utility systems, roadways, and
other publiC facilities.
Projected utility systems demands, traffic generation and public school impact were provided by
the applicant and are shown below.
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Existing Land Use 110 mobile 249 41,140 gpd 65 peak hr. Elem=9
(Actual) Mobile Home Park homes persons 33,000 gpd trips Middle=4
Hiah= 7
HDR maximum potential 106 du 242 39,644 gpd 57 peak hr. Elem=8
persons 31,800 gpd trips Middle=4
Hiah=6
Proposed Land Use (SHDR) 197 du 447 73,678 gpd 106 peak Elem=16
persons 59,100 gpd hr. trips Middle=8
Hiah=12
Proposed Development 180 du 409 67,320 gpd 97 peak hr. Elern=14
persons 54,000 gpd trips Mlddle=7
Hlah= 11
1
2
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2.27 persons per du=average household population per 2000 census
Demands: Water=347 gpd per unit Sewer=300 gpd per unit
Peak Hour Trip Rates: Townhouse=0.54 Mobile Home=0.59
The subject property, located east of Interstate-95, is in the Coastal Residential Exception Area,
and is therefore not subject to the Palm Beach County Traffic Performance Standards. The
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File Number: LUAR 04-009
Barr Property
traffic statement provided by the applicant meets the requirements of Palm Beach County by
showing both daily trip generation rates and AM and PM peak hour trip generation
characteristics. The Utilities Department indicates that sufficient capacity for potable water and
sanitary sewer exists to serve the development. The Palm Beach County Solid Waste Authority
has stated that adequate capacity exists to accommodate the county's municipalities throughout
the 10-year planning period. The School District of Palm Beach County has reviewed the
application and has determined that adequate capacity exists to accommodate the resident
population. The City's Police Department has indicated that service demands of the requested
development will be no greater than those currently experienced by the present use. Lastly,
drainage will also be reviewed in detail as part of the review of the conditional use application,
and must satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
The proposed rezoning to PUD is compatible with abutting development. The project is
separated from properties to the east by rights-of-way and development standards of the PUD
district require that setbacks of adjacent developments be mirrored in the site plan for the
development.
f. Whether the property is physically and economically developable under the existing
zoning.
The property is currently used as a mobile home park. It could be redeveloped under the
existing land use designation and zoning, which allows a maximum residential density of 10.8
du/ac. The additional density will enable an economically viable redevelopment project, with
units priced lower than the units currently being built in the Federal Highway corridor, thereby
conforming to the ComprehenSive Plan policy calling for a full range of housing opportunities for
residents of the City.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the dty as a whole.
The property is less than 10 acres in size, but has a linear configuration stretching more than
1,000 feet along the Federal Highway/FEC corridor and is highly visible from Federal Highway.
The aesthetic quality of the proposed redevelopment project will greatly improve impacts of the
property on the property on the corridor, which is viewed as a gatway into the downtown and is
targeted for aesthetic improvements. The requested land use amendment and rezoning will
facilitate the redevelopment of the antiquated mobile home park in a manner consistent with
the "Federal Highway Corridor Community Redevelopment Plan",
h. Whether there are adequate sites elsewhere in the dty for the proposed use, in
districts where such use is already allowed.
In accordance with the definition of the Special High Density Residential land use designation in
Policy 1.16.1 of the Future Land Use Element, residential densities of 20 du/ac are permitted in
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File Number: LUAR 04-009
Barr Property
the Federal Highway corridor to encourage infill development and redevelopment. There are a
limited number of sites elsewhere In the city where residential development could occur at a
density of 10.8 dujac; however, those sites do not offer the opportunity for redevelopment and
infill development that this location affords. Nor would development of those available sites
serve to promote the goals of the Community Redevelopment Agency and the Federal Highway
Corridor Community Redevelopment Plan.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will
not create additional impacts on infrastructure that cannot be provided; will be compatible with
adjacent land uses and will contribute to the overall economic development of the City.
Therefore, staff recommends that the subject request be approved. If the Community
Redevelopment Agency Board or the City Commission recommends conditions, they will be
included within Exhibit "B".
AlTACHMENTS
S:\PIamlng\SHARED\Wp\PROJECTS\Barr Property\WAR O+OO9\SfAFF REPORT NEW.doc
EXHIBIT A
Barr Amendment LUAR 04-009
Location Map
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XII. - LEGAL
ITEM B.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\'l
Requested City Cornrnission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
D April 5, 2005
[gJ April 19,2005
D May 3, 2005
D May 17,2005
March 14,2005 (Noon.)
D June 7, 2005
D June 21, 2005
D July 5, 2005
D July 19,2005
May 16, 2005 (Noon)
April 4,2005 (Noon)
June 6, 2005 (Noon)
April 18,2005 (Noon)
June 20, 2005 (Noon)
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Consent Agenda
Public Hearing
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Announcement
Presentation
City Manager's Report
RECOMMENDATION: Please place this request on the April 19, 2005 City Commission Agenda under Consent,
and Legal, Ordinance - First Reading. The Planning and Development Board, on March 22, 2005, forwarded this item to the
Commission with a recommendation for approval. Pursuant to the approval by the Planning Board and, following
further consultation, staff recommends, and the attached ordinance reflects, that any height above 45 feet should be
treated as a conditional use. For further details pertaining to the request, see attached Department of Development
Memorandum No. PZ 05-040.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Quantum Park MU Height (CDRV 05-006)
Eugene Gerlica, P .E., Quantum Group of Companies
Quantum Group of Companies
Quantum Park PID
Request amendment to the Land Development Regulations to increase the allowable
building height from 45 feet to 75 feet, with conditional use approval, in Mixed Use
(MU) PODs of the Planned Industrial District (PID) regulations.
PROGRAM IMPACT:
FISCAL IMP ACT:
ALTERNATIVES:
N/A
N/A
N/A
~
City Manager's Signature
Develo
Planning an . g Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\SPEC OJ\CODE REVIEw\CDRV 05-006 QP MU Height\Agenda Item Request Quanturn Pk MU Height CDRV 05-0064-19-
05 2nd.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
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ORDINANCE NO. 05-
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS, CHAPTER 2., SECTIONS 7 H. 14
AND 7 P. 1. e. TO ALLOW A MAXIMUM
BUILDING HEIGHT EXCEEDING FORTY-FIVE
FEET IN HEIGHT BUT NOT EXCEEDING
SEVENTY-FIVE (75) FEET IN HEIGHT IN A PID
MIXED USE POD, PROVIDING APPLICATION
FOR BUILDING WITH A HEIGHT EXCEEDING
FORTY-FIVE (45) FEET SHALL BE PROCESSED
AS A CONDITIONAL USE; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION
AND AN EFFECTIVE DATE.
WHEREAS, the City's Pill Land Development Regulations limit building height to
orty-five (45) feet; and
WHEREAS, the City Commission has considered recommendations from City staff
hat buildings in Pill mixed use PODS be permitted to a height of seventy-five (75) feet
ubject to conditional use review/approval;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
HE CITY OF BOYNTON BEACH, THAT:
Section 1.
Each Whereas clause set forth above is true and correct and herein
ncorporated by this reference.
Section 2.
ollows:
That Chapter 2. Section 7 H. 14 of the LDR is hereby amended by as
14. Maximum Building Height. No building or appurtenances thereof
within the Pill zoning district shall exceed forty-five (45) feet in height,
with the exception ofbuildings in a Mixed Use POD pursuant to Section
7.P.1.e.1.
Section 7.P.1.e Maximum Structure Height. Mechanical equipment '.vhich
exclusively ser;es the structure shall not be included in the calculation of height.
:\CA\Ordinances\Planning\Quantum Park Height.doc
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e.l Maximum Building Height. The maximum building height within a
Mixed Use Pod shall not be greater than fiyc (5) stories and shall be below the Florida
Bui-kling Code thresholds for a high rise classification.75 feet. Any building
exceeding 45 feet in height shall be processed as a conditional use.
Section 3.
That Chapter 2. Section 7 P. 1.e of the LDR is hereby amended by
reating new sections as follows:
e.2. Building Height Measurement. Building height shall be measured
from the lowest finish floor slab elevation of the proposed building to the peak
of the structure, including any architectural details. stairwells. elevator shafts.
etc.
e.3. Height Setback Envelop. Minimum building setbacks shall be based
on building heights for buildings greater than forty-five (45) feet in height.
The height setback envelop is applicable where the Mixed Use development is
adiacent to an existing developed single-fanlily residential zoning district
outside the Pill. This minimum setback shall be three (3) times the building
height for any multifamily or nonresidential structure. The setback shall be
measured from the common boundary of the PID and the existing single-
family residential zoning district of the midpoint of any intervening right-of-
way.
Section 4.
Each and every other provision of Chapter 2, Section 7 of the Land
evelopment Regulations, not herein specifically amended shall remain in full force and
ffect as previously enacted.
Section 5.
All ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 6.
Should any section or provision of this ordinance or portion hereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of this ordinance.
Section 7.
Section 8.
Authority is hereby granted to codify said ordinance.
This ordinance shall become effective immediately upon passage.
FIRST READING this __ day of
, 2005.
S:\CA\Ordinances\Planning\Quantum Park Height.doc
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SECOND, FINAL READING AND PASSAGE this
r005
TTEST:
ity Clerk
CORPORATE SEAL)
:\CA\Ordinances\Planning\Quantum Park Height.doc
day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 05-040
TO: Chair and Members
Planning and Development Board
THROUGH: Michael W. Rumpf
Director of Planning and Zoning
FROM: Ed Breese ~
Principal Planner
DATE: March 4, 2005
SUBJECT: CODE REVIEW (CDRV 05-006)
Quantum Park PID (Maximum Bundlng Height in Mixed Use Pods)
NATURE OF REOUEST
Mr. Eugene Gerlica, representing Quantum Group of Companies, is requesting an amendment to the City's
Land Development Regulations to allow an increase in the maximum allowed height in excess of the 45-
foot limitation contained within the Quantum Park Planned Industrial District (PID). The request is
specific to the Mixed Use (MU) pods in Quantum Park (see Exhibit "A" - Justification Statement).
BACKGROUND
The City's Land Development Regulations Chapter 2, Section 7.H.14 establishes the maximum building
height within Planned Industrial Districts (pIn). According to the current regulations, "No building or
appurtenances thereof shall exceed forty-five (45) feet in height n. To date, the residential construction
occurring within Quantum Park has been primarily townhomes and apartments, which complied with the
45-foot height limitation. As a result of the most recent Quantum Park DR! amendment (NOPC #15),
approved by the City Commission on February 15, 2005, providing for an increase in the allowable
number of dwelling units by 105, the Quantum Group would like to make provision for a vertical
condominium residential option.
ANALYSIS
The requested amendment would affect only those properties within a Planned Industrial District (PID)
designated with a Mixed Use (MU) land use. Mixed Use pods only exist within the Quantum Park PID.
Staff reviewed the Quantum Park Master Plan (see Exhibit "B" - Quantum Park Master Plan), and the
only lots containing the "Mixed Use (MU)" designation are noted as follows:
Lots 7-11 & 23-31: These lots are located on Quantum Boulevard, north of Gateway Boulevard and were
approved for a townhouse development by DR Horton in 2002 known as Quantum Townhomes East &
West (now called Parkside). This project is nearly built-out.
Page 2
CORV 05-006
Lots 59-61 & 101: These lots are located on Quantum Lakes Drive, south of Gateway Boulevard and were
approved for a rental apartment development by Olen Development in 2000 known as Quantum Lakes
Villas. This project is complete.
Lots 62-67 & 100: These lots are located on the south side of Gateway Boulevard, just west of High Ridge
Road and were approved for an office, retail and rental apartment development by Olen Development in
2002 known as Quantum Park and Village South. The rental apartment component of this project is under
construction.
Lots 83-88 & 89-B: These lots are located on the north side of Gateway Boulevard, abutting High Ridge
Road and were approved for an office, retail and townhouse development in 2002. The townhouse project
(now called Canterbwy) is actually on both sides of High Ridge Road, north of Gateway Boulevard and is
currently under construction by Westbrooke Homes.
The total acreage of the above-noted projects and designated for "Mixed Use {MU)" within Quantum Park
is 94.86 acres, which is approximately 17% of the total acreage of the DR! (553.13 acres). Additionally,
only two of the "Mixed Use (MU)" pods are near the fringe of the pm, abutting single-family residential.
First is the Quantum Park and Village North project, which abuts a vacant tract of land to the west that is
zoned single-family. Second is the Parkside townhouse project, which, as stated earlier, is nearly built-out
and which abuts the L WDD E-4 Canal to the west and across the canal is the Dos Lagos residential
community.
It would appear, at the present time, the only "Mixed Use (MU)" designated parcels that may be able to
take advantage of the additional I 05 dwelling units would be either Quantum Park and Village South or
Quantum Park and Village North, since the office and retail components of these projects has not begun
construction. The subdivision master plan for either of these sites would require a formal modification and
review in front of the Board and City Commission to incorporate the additional units while reducing other
approved uses on the site.
Based upon discussions staff has had with Olen Development, and their recent submittal for a Master Plan
Modification and Major Site Plan Modification, they would intend to amend the plans for Quantum Park
and Village South to accommodate the additional dwelling units, while redesigning the office and retail
components. As justification for the request for additional height, Quantum states that "An increase in
height will encourage the conservation of natural amenities by accomplishing the vested development
intensities in a vertical manner in contrast to the land sprawl of lower height development".
During discussions with The Quantum Group of Companies, they were encouraged to review the Suburban
Mixed Use (SMU) regulations to understand how the City previously addressed a similar request. As a
result, Quantum proposes the following changes to the Planned Industrial Development (PID) regulations:
Revise Section 7.H.14 - Maximum Bunding Height, as follows:
Section 7.H.I4 - Maximum Building Height. No building or appurtenances thereof within the
PID zoning district shall exceed forty-five (45) feet in height. with the exception of buildinfs in
a Mixed Use POD pursuant to Section 7.P.I.e.I.
Renumber and revise Section 7.P.I.e - Maximum Structure Height, as follows:
SOO#01t 7.P.1.e Mul_lllft Stf"fletllr8 Height. AleehaltieaJ BfNip1ftBltt wltieft eJCeJwiwJly lienleN
the M1'UelN1'e ohalllt8t he ilte/Ntled iN the sf:ifleNlalislt sfltetght.
Section 7.P.I.e.n Maximum BuUdlne Height. The maximum buildine heieht within a Mixed
Page 3
CDRV 05-006
Use Pod shall not be greater than five (5) stories and shall be below the Florida Buildin~ Code
thresholds for a high-rise classification.
Add two (2) new subsections, as follows:
Section 7.P.I.e.]) Buildinll Heillht Measurement. Buildinll heillht shall be measured from the
lowest finish floor slab elevation of the proposed buildin~ to the Deak of the structure. including
anv architectural details. stairwells. elevator shafts. etc.
Section 7.P.I.e.3) Heillht Sethack EnveloD. Minimum buildinll setbacks shall be based on
buildin~ hei~hts for buildinlls ereater than forty-five (45) feet in height. The height setback
envelop is aDplwable where the Mixed Use develoDment is adiacent to an existing developed
sin~le-familv residential zoninfZ district outside the PID. This minimum setback shall be three
(3) times the buildinll height for anv multifamilv or nonresidential structure. The setback shall
be measured from the common boundary of the PID and the existing sin~le-familv residential
zoninll district or the midDoint of anv intervenin~ rillht-of -wav.
As part of the requested code review, staff studied the Suburban Mixed Use (SMU) regulations, which
allow mixed use in a vertical configuration, allow a height comparable to that being requested by the
applicant, make provisions to safeguard adjacent single family residential cormnunities, and is being
utilized in the immediate vicinity in conjunction with the Renaissance Commons project.
SUMMARY
As a result of staff's analysis of the proposed changes submitted by the applicant and staff's review of the
existing SMU regulations, staff recommends the following amendments to the PID district regulations,
which vary slightly from those suggested by the applicant:
Revise Section 7.H.I4 - Maximum Bulldlng Height, as follows:
Section 7.H 14 - Maximum BuUding Height. No building or appurtenances thereof within the
PID zoning district shall exceed forty-five (45) feet in height. with. the exceDtion of buildings in
a Mixed Use Pod Dursuant to Section 7.P.I.e.
Amend Section 7.P .I.e. - Maximum Structure Height, as follows:
Seetian l.P.J.e ~(IBE;"UIIH Sswetllre Height. )'lcehaniool efjl:lipment which ~clf;IfJively 881'Ve6
the structure s1tall Hat he inclwdetl in the eals",la#81t Df height.
Section 7.P.I.e - Maximum BuUdinll Hei,ht. The Mixed Use DOds within the PID shall allow
for a hei~ht of fi/tv-five (55) feet for mixed use and residential buildings. Buildinll heights
between fiftv-five (55) feet and the maximum of seventy-five (75) feet shall be processed as a
Conditional Use. No exceptions to the maximum hei~ht shall be allowed. Additionallv. the
followinll ref!Ulations shall aD]Jlv:
(1) The buildinll height shall be measured from the lowest finish floor slab elevation ()f
the Droposed building or from the minimum base flood elevation as established k~
Page 4
CDRV 05-006
FEMA. whichever is highest. to the oeak of the structure. includine anv
architectural details. roofloo equipment. stairwells. elevator shafts. etc.
(2) Heillht Setback EnveloDe. Minimum buildin!! setbacks shall be based on
building hei!!hts for buildings freater than forty-five (45) feet in height. The heiiht
setback envelooe is aoplicable where the Mixed Use development is adiacent to an
existing develooed single-familv residential zoning district outside the PID. This
minimum setback shall be three (3) times the building height for anv residential or
mixed use structure. The setback shall be measured from the common boundary
of the PID and the existinf! single-familv residential zoninf! district or the midooint
of anv intervening rif!ht-of-wav.
The slight changes recommended by staff, from the language proposed by the applicant, involve: (one)-
the further defining (clarifying) of height in feet, rather than in stories; (two) - the utilization of SMU
language in requiring structures between 55 and 75 feet in height to be treated as a Conditional Use and
denoting that height exceptions are not allowed; (three) - the addition of FEMA floodplain criteria as an
additional option in determining the base of measurement for height.
RECOMMENDATION
Staff recommends that staff's proposed amendments to Chapter 2. Zoning of the City's Land Development
Regulations, specific to height regulations within the Mixed Use pods of PID zoning districts, be
approved. It is staff's opinion that the Mixed Use components of Quantum Park share many of the traits of
the Suburban Mixed Use (SMU) zoning district being utilized at Renaissance Commons (former Motorola
site), and similar regulations appear appropriate.
1:\SHRDATA\PLANNINGlSHAllBDIWPlPROJECTS\QUANTUM PARX\MU POD HBlGHT CORY.DOC
~~ QUANTUI\I\
-ill&- G R 0 U P 0 F COM PAN I E S
EXHIBIT A
January 18,2005
Mr. Michael W. Rumpf: Director
City of Boynton BeaCh
Department of Development
Planning & Zoning Division
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425
RE: Quantum Park DR!
CODE REVIEW - PID - MAXIMUM BUILDING HEIGHT
Dear Mr. Rumpf:
Pursuant to a proposed development order condition for the pending NOPC for the above
referenced project we are requesting a code review, or more precisely a zoning code text
change, to accommodate the intended development. Provided with this request are the
following items.
1. Code Review Application Fee of $250.00, Check No. 1331, made payable to The
City of Boynton Beach.
2. QUantum Park PID Code Review Request Justification Statement and Discussion,
dated January 2005.
Please review the enclosed Justification Statement and schedule this Request for
Consideration at the earliest possible date by the Planning and Development Board and
subsequently by the City Commission. Final consideration of this Request by the City
Commission on or before February 15, 2005 will not adversely impact the Project
development schedule.
If you should have any further questions, please feel free to contact me at any time.
S41cerely,
Eugene A: Oerlica, P .E.
cc: Doug MacDonald
David Norris, Esq. Cohen, Norris, et. aI., (w/encl)
Igor Olenico~ Olen Development, (w/encl)
Steve Fike, Olen Development, (w/encl)
F.'\Quantum Limlted\NOPClJ CODE REJ'IEW Bldg HtlRMmpl-ltr-CDRf'2005-/-/0.doc
2500 Quantum Lakes Drive, Suite 101
Boynton Beach. A. 33426
(561)740-2447 · Fax: (5611740-2429
e-mail: quantgrpOqgc.cc
QUANTUM PARK PID
CODE REVIEW REQUEST
JUSTFICATION STATEMENT AND DISCUSSION
INTRODUCTION AND PURPOSE
Quantum Park is zoned PID; it is greater than 500 acres in size and contains
a Mixed Use POD consisting offour (4) locations. This Code Review is
requested to propose a zoning text change that will allow building heights in
excess of the current maximum building height of 45 feet within the Mixed
Use POD of Quantum Park PID. This Code Review request is submitted
pursuant to a proposed development order condition of the pending DR! _
NOPC. and Master Site Development Plan amendment currently under
. consideration by the City.
JUSTIFICATION STATEMENT AND DISCUSSION
A maximum building height greater than 45 feet will allow Quantum Park to
optimize the stated intent and purpose of the PID district as setforth in the
Code. Please consider the following.
An increased building height will better satisfy current demands for
Mixed Use lands by encouraging development which reflect changes in
land development trends relating to the topographic variety of the
Quantum Park site.
An increased building height will encourage the conservation of natural
amenities by accomplishing the vested development intensities in a
vertical manner in contrast to the land sprawl of lower height
developments.
An increased building height will permit economies in providing public
services.
1 DR! - Development of Regional Impact, NOpe - Notice of Proposed Change
QUANTIJM PARK PID - CODE REVIEW REQUEST
1anuary 2005
F:IQuantum Limited\NOPC/5 CODE REY/EW Bldg HtlCODE REY1EW-Rv3.doc
Page 1 of4
An increased building setback is proposed for buildings greater than 45
feet in height. The height setback envelope criteria will eliminate
adverse impacts to existing adjacent single-family zoned lands.
Over the years Quantum Park has evolved into a complex Mixed Use
development. Please consider the following historical perspective. In 1984,
Quantum Park was envisioned to be an emulation of the Silicon Valley type
development in California. Quantum Park with over 4.0 million square feet
of building area proposed for research .and development companies would
compliment the newly constructed Motorola Plant and the mM campus in
Boca Raton. In 2005, the Motorola Plant is gone, mM is gone and the
development in Quantum Park includes nearly 2.0 Mil square feet of
warehouse/distribution space, a High School, a commuter train station, a
. City Park, a private drug and alcohol rehabilitation facility, 1,000 residential
units and a proposed police and fire station.
Quantum Park and the City of Boynton Beach have evolved to include these
desirable Mixed Use pockets of development complete with high-density
residential and commercial space in close proximity. The high density and
close proximity are key to promote the pedestrian use of connectivity
facilities. Other examples of the mixed~use developments are the marina
project, the CRA and the Rennisance project. These mixed-use projects
include building heights in excess of 45 feet, some as great as 75 feet.
Quantum Park may well be the most unique site topographically in Palm
Beach County. The water management tracts are some of the lowest in the
County at elevation 8.00, while the natUral grades are some of the highest at
elevations in excess of 40.00. The constructed finish floor elevations vary
from elevation 14.50 to in excess of elevation 35.00. An increased maximum
building height, particularly at the lower elevations, is not only appropriate,
but also desirable.
The proposed text amendment regarding the increased maximum building
height will provide the Code criteria that will allow taller multifamily
residential buildings. The individual homes may be a single floor product in
contrast to the multistory residential units now existing in Quantum Park.
An additional housing product of this nature can be offered consuming less
land area provided the maximum building height is increased.
QUANTUM PARK PID - CODE REVIEW REQUEST
1anuary 2005
F:lQuantum LlmitedWOPC/5 CODE REYlEW Bldg HtlCODE REYlEW-RvJ.doc
Page 2 of4
CODE SECTION REFERENCE
Chapter Two of the Code of Ordinances is the Boynton Beach Zoning Code.
Section Seven (7) is the Planned Industrial Development District Code.
Text amendments to the following subsections of this Section are proposed
to address the maximum building height request.
Section 7 .H.14 - Maximum Building Height
Section 7.P .l.b - Definitions
Section 7.P .l.e - Maximum Structure Height
[This area left intentionally blank]
QUANTUM PARK PID - CODE REVIEW REQUEST
January 2005
. F:lQucrntum LImltiu!WOPC15 CODE REVIEW B/dg HtICODE REYlBW-Rv3.doc
Page 3 of4
PROPOSED ZONING TExT CHANGES
Revise Section 7 .H.14 - Maximum Building Height, as follows:
Section 7.H.14 - Maximum Building Height. No building or
appurtenances thereofwithin the PID zoning district shall exceed
forty-five (45) feet in height, with the exception of buildings in a
Mixed Use POD pursuant to Section 7.P.l.e.l). -
Renumber and revise Section 7.P .1.e - Maximum Structure Height, as
follows:
Section 7~P.1.e.l) Maximum Building Height. The -maximum
building height within a Mixed Use Pod shall not be greater than
five (5) stories and shall be below the Florida Building Code _
thresholds for a high-rise classification.
Two (2) new subsections are proposed, as follows:
Section 7.P.1. e.2). Building Height Measurement. Building height
shall be lI:Ieasured from the lowest finish floor slab elevation of the
proposed building to the peak of the structure, including any
architectural details, stairwells, elevator shafts ete.
Section 7.P.l.e.3). Height Setback Envelop. Minimum building
setbacks shall be based on building heights for buildings greater
than 45 feet in height. The height setback envelope is applicable
where the Mixed Use development is adjacent to an existing
developed single-family residential zoning district outside the pm.
This minimum setback shall be three (3) times the building height
for any multifamily or nonresidential structure. The set back shall
be measuredfrom the common boundary of the pm and the
existing single-family residential zoning district or the midpoint of
any intervening right-of-way.
QUANTUM PARK PID - CODE REVIEW REQUEST
1anuary 2005
.F:\Quamum UmJtdINOPC15 CODE RErIEW Bldg HtlCODE REJI'UW.Rd.doc
Page 40f 4
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MINUTES OF THE REGULAR MEETING OF THE PLANNING&.
DEVELOPMENT BOARD HELD IN COMMISSION CHAMBERS, CITY HALL,
BOYNTON BEACH, FLORIDA, ON TUESDAY, MARCH 22, 2005 AT
6:30P.M.
Present:
Lee Wische, Chairman
Sergio Casaine, Vice Chair
William CWynar
Woodrow Hay
Shirley Jaskiewicz
Roger G. Saberson
Gerald Broening, non-voting Alternate
Mike Fitzpatrick, Alternate
Ed Breese, Principal Planner
Eric Johnson, Planner
Absent:
Absent:
Jose Rodriguez
David Tolces, Assistant City
Attorney
1. Call to Order and Pledge of Allegiance
Chairman Wische called the meeting to order at 6:32 p.m. and the Pledge of
Allegiance to the Flag was recited.
Chairman Wische announced that David Tolces, Assistant City Attorney was
absent.
2. Introduction of Board
Chairman Wische decided to proceed without introduction of the Board.
3. Agenda Approval
Motion
Mr. Hay moved that one more board member was needed and Mr. Wische stated
that Gerald Broening, non-voting Alternate would become a regular until the
regular arrives. Motion seconded by Mr. Saberson and unanimously carried.
Meeting Minutes
Planning and Development Board Meeting
Boynton Beach, Florida
March 22, 2005
4. Approval of Minutes
Motion
Mr. Hay moved to approve the minutes. Motion seconded by Mr. Saberson and
unanimously carried.
Mr. Saberson administered the oath to all persons who would be testifying.
5. Communications and Announcements
A. Planning and Zoning Report
1. Final disposition of the February 22, 2005 Planning and
Development Board meeting Agenda items.
Ed Breese, Principal Planner, reported on the actions taken by the City
Commission at their meeting on March 1, 2005 of the Board. He stated the
following items were approved:
· The Neptune Commerce Center request for New Site Plan for a
16,482 square foot industrial building on a 0.969-acre parcel in
a M-l zoning district.
· Verizon Wireless at Boynton Space Plus request for conditional
use to allow construction of a 135-foot high telecommunication
tower on a 2,000 square foot leased parcel on the site of the
Boynton Space Plus Storage Center.
· Live/Work Code Review in SMU. Request for an amendment to
the Land Development Regulations, Chapter 2. Zoning, Section
6.H. Suburban Mixed Use zoning district to allow Live/Work
units as a permissible use.
· Boynton Beach Mall NOPC #5. Request for Master Plan
Modification approval for the conversion of 90,010 square feet
of existing leasable retail space to a 79,500 square foot multi-
screen movie theatre with 3,650 seats.
· Boynton Beach Mall NOPC #5. Request for Development of
Regional Impact Amendment for the conversion of 90,010
square feet of existing leasable retail space to a 79,500 square
foot multi-screen movie theatre with 3,650 seats.
6. Old Business:
None
2
Meeting Minutes
Planning and Development Board Meeting
Boynton Beach, Florida
March 22, 2005
Description: Request for Height Exception approval of 19 feet-six
(6) inches to allow decorative rooftop statues at a
height of 64 feet-six (6) inches in lieu of the
maximum of 45-feet allowed in the C-3 zoning
district.
Chairman Wische stated that there was only one staff comment and Mr.
Marsicano agreed with the staff comment.
Chairman Wische opened the public hearing. Since no one wished to speak, the
public hearing was closed.
Motion
Ms. Jaskiewicz moved to approve the request for Height Exception approval of 19
feet-six (6) inches to allow decorative rooftop statues at a height of 64 feet-six
(6) inches in lieu of the maximum of 45-feet allowed in the C-3 zoning district.
Mr. Hay seconded the motion that passed unanimously.
D. Code Review
1. Project:
Agent:
Owner:
Location:
Description:
Quantum Park MU Height (CDRV 05-006)
Eugene Gerlica, P.E., Quantum Group of Companies
Quantum Group of Companies
Quantum Park PID
Request amendment to the Land Development
Regulations to increase the allowable building height
from 45 feet to 5 stories in Mined Use (MU) PODs of
the Planned Industrial District (PID) regulations.
Chairman Wische stated that Staff approved it with slight recommendations to
the Planned Industrial District regulations.
David Norris, 712 US Highway 1, attorney for the applicant, assumed the
podium and stated that they accept the staff recommendations.
Ed Bresse, Principal Planner stated that the City Manager requested that Staff
recommend that the item be tabled so he can have more time to review the
information submitted.
Chairman Wische stated it was not on the agenda to table, and he was only
interested in whether the request was approved.
7
Meeting Minutes
Planning and Development Board Meeting
Boynton Beach, Florida
March 22, 2005
Motion
Mr. Saberson moved to table the request for one month until the next Planning
and Development meeting. Ms. Jaskiewicz seconded the motion.
Chairman Wische objected to tabling and stated the item was already held back
from the February meeting. Mr. Breese informed the Board that the City
Manager had been ill and has not had a lot to time to spend on those types of
Items.
Vice Chair Casaine stated he did not believe that enough reason had been
presented to table the item. He stated that motions must be presented in an
order, and you have to give the opportunity for it to be presented to the public
and the Board for discussion before a motion can be presented.
Mr. Hay stated that based on the City Manager's illness he felt the City Manager
should have the opportunity to review the item.
Mr. Nora pointed out that the item was originally part of the request for NOPC
#15, and staff requested them to remove it from that request so that they would
have more time to review. They gave staff the additional month and a half to
review the item, which Staff gave their recommendation that they agree with. He
did not think it was fair for them to ask for more time at the last minute. He
stated that it is a big project and every request is time sensitive.
Mr. Broening pOinted out that after the Board makes its recommendations that
the item then goes to the City Commission for approval, which will provide
sufficient time for any further review that may be necessary.
Mr. Breese pointed out that Mr. Nora stated Staff asked them to remove the item
from the NOPC #15 to give them more time to review, and that was not a
factual statement. He stated that it is not a part of the NOPC and is not
something that is reviewed by the State. He stated that they did ask him to
remove the item because it would not be appropriate to deal with it within an
NOPC and suggested they move it to tonight's meeting.
Vote
The motion failed 2-5 (Chairman Wische, Vice Chair Casaine, Mr. Cwynar, Mr.
Hay, Mr. Broening dissenting).
8
Meeting Minutes
Planning and Development Board Meeting
Boynton Beach, Florida
March 22, 2005
Motion
Vice Chair Sergio moved that the request to amend the Land Development
Regulations to increase the allowable building height from 45 feet to 5 stories in
Mixed Use (MU) PODs of the Planned Industrial District (PID) request and
following staff's recommendations be approved. Motion seconded by Mr.
Cwynar.
Vote
The motion carried 5-2 (Mr. Saberson and Ms Jaskiewicz dissenting).
8. Other
None
9. Comments by members
Mr. Hay inquired if it was okay for them to have the meeting without an Attorney
present. Mr. Breese responded that Staff was told that it would not be a
problem running the meeting without the Attorney present.
Mr. Fitzpatrick, Alternate, inquired from Staff about a list of questions he had
given out to Staff two months ago and has not had any reply. Mr. Breese stated
that he was not sure what those requests were, that they were not directed to
him, but he will find out.
10. Adjournment
There being no further business, the meeting properly adjourned at 7:19p.m.
Respectfully submitted,
Catherine Wharton
Recording Secretary
(March 24, 2005)
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ORDINANCE NO. 05-
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS, CHAPTER 2., SECTIONS 7 H. 14
AND 7 P. 1. e. TO ALLOW A MAXIMUM
BUILDING HEIGHT EXCEEDING FORTY-FIVE
FEET IN HEIGHT BUT NOT EXCEEDING
SEVENTY-FIVE (75) FEET IN HEIGHT IN A PID
MIXED USE POD, PROVIDING APPLICATION
FOR BUILDING WITH A HEIGHT EXCEEDING
FORTY-FIVE (45) FEET SHALL BE PROCESSED
AS A CONDITIONAL USE; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICA TION
AND AN EFFECTIVE DATE.
WHEREAS, the City's PID Land Development Regulations limit building height to
forty- five (45) feet; and
WHEREAS, the City Commission has considered recommendations from City staff
that buildings in PID mixed use PODS be permitted to a height of seventy-five (75) feet
subject to conditional use review/approval;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, THAT:
Section 1.
Each Whereas clause set forth above is true and correct and herein
incorporated by this reference.
Section 2.
follows:
That Chapter 2. Section 7 H. 14 of the LDR is hereby amended by as
14. Maximum Building Height. No building or appurtenances thereof
within the PID zoning district shall exceed forty-five (45) feet in height,
with the exception of buildings in a Mixed Use POD pursuant to Section
7.P. I.e. 1.
Section 7.P.I.e Maximl:lm Structure Height. Mechanical eqHipment '.vRieh
excll:lsively serves the strHcture shall not be inch:lded in the calcHlation of height.
e.l Maximum Building Height. The maximum building height within a
Mixed Use Pod shall not be greater than five (5) stories and shall be belo'll the Florida
Building Code thresholds for a high rise classification.75 feet. Anv building
exceeding: 45 feet in height shall be processed as a conditional use.
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Section 3.
That Chapter 2. Section 7 P. l.e of the LDR is hereby amended by
creating new sections as follows:
e.2. Building Height Measurement. Building height shall be measured
from the lowest finish floor slab elevation of the proposed building to the peak
of the structure. including any architectural details. stairwells. elevator shafts.
etc.
e.3. Height Setback Envelop. Minimum building setbacks shall be based
on building heights for buildings greater than forty-five (45) feet in height.
The height setback envelop is applicable where the Mixed Use development is
adiacent to an existing developed single-family residential zoning district
outside the PID. This minimum setback shall be three (3) times the building
height for any multifamily or nonresidential structure. The setback shall be
measured from the common boundary of the PID and the existing single-
family residential zoning district of the midpoint of any intervening right-of-
way.
Section 4. Each and every other provision of Chapter 2, Section 7 of the Land
Development Regulations, not herein specifically amended shall remain in full force and
effect as previously enacted.
Section 5. All ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 6.
Should any section or provision of this ordinance or portion hereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of this ordinance.
Section 7.
Section 8.
Authority is hereby granted to codify said ordinance.
This ordinance shall become effective immediately upon passage.
FIRST READING this _ day of
2005.
SECOND, FINAL READING AND PASSAGE this
day of
2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
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ATTEST:
Commissioner
City Clerk
Commissioner
(CORPORATE SEAL)
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Development staff response to issues related to Code Review CDRV 05-006
April 5, 2005
1. Definition of five-story building -- without a companion height limitation, how high
theoretically can the building be? There is nothing in the staff report to indicate how high
a five-story building would be. Assuming a 12' ceiling height, a five-story building,
exclusive of elevator and AC equipment would be 60 feet. Per the SMU code, the
maximum building height by right is 55 feet. The petitioner in this instance has requested
authorization of "five-story buildings" as opposed to the underlying PID allowance of
buildings having a maximum height of 45 feet. Further, the SMU code as referenced in the
staff report does allow for increased height of buildings in the SMU district between 55 feet
and 75 feet subject to special review and setback regulations. In summary, I am concerned
that the petitioner's request for authorization of a five-story building lacks specificity and
will result in interpretive problems for the staff and Commission. The building height
should be expressed in feet not stories. That said the visual impact of five-story buildings
along Gateway must be addressed by staff. This was not done in the staff report.
The Staff Report Summary recommends revising Section 7.P.1.e of the Planned
Industrial District (PID) regulations to read as follows:
Section 7.P.t.e - Maximum Buildina Heiaht. The Mixed Use Dods within the PIO shall
allow for a heiaht of fifty-five (55) feet for mixed use and residential buildinas. Buildina
heiahts between fifty-five (55) feet and a maximum of seventy-five (75) feet shall be
Drocessed as a Conditional Use. No exceDtions to the maximum heiaht shall be
allowed.
Staff does not consider the 10 foot difference, between the currently allowed 45 foot
height to the midpoint of a pitched roof with the possibility of being granted an
undetermined height exception and the maximum 55 foot height to the top of a roof with
no exceptions, to be significant. The 75-foot height limit can only be achieved by going
through the conditional use process. As a result staff does not consider the visual
impact along Gateway to differ significantly from what can be built now.
2. What does "shall fall below the Florida Building Code thresholds for a high-rise
classification" mean? This is not explained in the staff report. If this is an exception to any
fire code provisions, the FD may have objections to the proposed language. Will the new
high-rise regulations to our fire code apply to the PID? The staff report needs to address
this matter.
This statement should more correctly reference Ordinance No. 04-005 which amended
Chapter 9, Article 2 of the City Code concerning Fire Protection and Prevention, which
defines "High Rise" as six stories or 75 feet.
3. The staff report recommends deploying the set-back provisions of the SMU in the
Quantum PID -- however, as noted above, this may be a moot point as there is no
contiguous single family property for vacant lots, I believe. The only area which I saw
adjacent to single-family is the MU lots 23-31, which have been developed. As land use
policy, the provisions ofthe SMU Code per Ordinance 04-011 are clear as to the intent that
the SMU designation is a special case with limitations ...
The only existina single family is Dos Lagos adjacent to lots 23 -31. However, it is
possible that future single-family adjacencies could occur at parcels 83, 87 and 88. The
recommendation by staff is based on a vision for the future, which would allow
intensification, by height based on subsequent and required NOPC applications and/or
substantial deviations to the DR!. To add additional units or square footage above the
current threshold of the ORI, formal applications would be required and reviewed
accordingly. Rather than creating a new system, based on the similarities in location
and use with the SMU, the general components of the SMU were applied.
4. I did not see any language that would seek to evaluate the SMU provisions for usable
open space at the Quantum PID. Your staff needs to address whether such requirements
are appropriate or beneficial to the MU area of Quantum PID. This is an important and
integral element of balancing increased height and density. How would and should the SMU
Building and Site Regulations apply to the Quantum Site? I ask this because it appears that
the staff report only addressed setback requirements associated with higher buildings.
The Quantum Park PIO has it's own open space requirements which it had originally
met, including setting aside 40 acres of preserve, a 25' and 40' foot perimeter buffer,
right-of-way plantings, and multiple retention ponds with littoral plantings. The subject
and preceding NOPC amendments have not represented intensifications of the
ORI/Master Plan, but a shifting of uses under the maximum thresholds. The additional
height allowed should not be viewed as an intensification but as a vertical use of
capacity. Therefore, this should not necessarily be viewed as the opportunity to apply
more restrictions disproportional to the request.
5. What is the basis for the developer's desire to increase the DU's by 105 units? What is
the hardship imposed that would allow such an increase in density? The only item I could
see in the developer's presentation package is that the topography of the area is low. (See
page 2 of 4 of the Developer's justification statement.) With this proposal, what will be the
final number and distribution of residential units in the area depicted as Exhibit B to the
staff report? What is the density for the proposal?
The question as to the basis for the developer's desire to increase OU's by 105 units
would appear to be academic in light of the City Commission's Approval of Ordinance
No. 05-013 on February, 152005, which approved the NOPC allowing the additional 105
dwelling units. The ORI application does not state any hardship, nor is the applicant
required to provide that type of justification. From day one, when residential units were
initially allowed into the PIO via the prerequisite amendments, residential units have
been allowed consistent with the Comprehensive Plan subject only to a FAR and not a
density limit.
6. What impact will this petition have, if granted, on the Mixed Use designated parcels in
the Quantum PID? Based on what has been constructed and what is vacant in these areas,
what can we expect? Also, could the commercial/office area on the north side of Gateway
(Lots 83-88) be converted to residential, or has the development of these parcels been
assured as non-residential?
More residential development on Lots 83-88 could occur but would likely trigger a formal
process to amend the master site plan for that mixed-use pod. A certain level of
additional units, if vertical or well integrated would be generally supported by staff.
/f
XII. - LEGAL
ITEM 8.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
D April 5, 2005
~ April 19, 2005
D May 3, 2005
D May 17,2005
March 14,2005 (Noon.)
D June 7, 2005
D
D
D
May 16, 2005 (Noon)
April 4, 2005 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
~ Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
June 21, 2005 June 6, 2005 (Noon)
,,-')
C'~) C)-..;
July 5, 2005 June 20, 2005 (Noon) Ul _m_ -<'
~'-I ....
:~ ~.-,,-:o
-v "--;) -q
July 19, 2005 July 5, 2005 (Noon) ::0
C'-::;
'::J
I'.) .-. ,"
-,'"
D Development Plans 'ry ~, .W".~
.:::J
D N ""':L
New Business en
~ ., - r1l
Legal co (-:ll>
'0
D UnfInished Business :J.:
D Presentation
April 18,2005 (Noon)
May 2,2005 (Noon)
RECOMMENDATION: Please place this request on the April 19, 2005 City Commission Agenda under Consent,
and Legal- Ordinances, First Reading. The Planning and Development Board on February 22, 2005, and the Community
Redevelopment Agency Board on March 23, 2005 recommended that the subject request be approved, as proposed by staff,
to exclude the proposed limit to areas west ofI-95, and to also amend the C-3 and C-4 districts changing car washes from
"permitted" uses to "conditional" uses. If supported by the Commission, this proposed change in permitted zoning use will be
properly advertised and return for Public Hearing and Second Reading of the ordinance. For further details pertaining to the
request, see attached Department of Development Memorandum No. PZ 05-035, and unoffIcial minutes from the respective
board meetings.
EXPLANATION:
PROJECT:
AGENT:
LOCATION:
DESCRIPTION:
Carwash in M-1 (CDRV 05-001)
Michael Weiner, Weiner & Associates
Industrial (M -1) Zoning District
Request for an amendment to the Land Development Regulations, Chapter 2. Zoning,
Section 8.A.4. M-l Industrial District, to allow as a conditional use, carwashes provided
the use is located along a major arterial roadway located west ofInterstate 95, such as
Congress Avenue.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
--4ktZC~M ,'So
. lty anager sIgnature
Dev p e Department Director
t )'-7 ~
~I (_
Planning and ZonTJ: lrector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 05-001 Carwashes in M-l\Agenda Item Request Carwash in M-I CDRV 05-0014-19-
05.dot
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 05-035
TO:
Chairman and Members
PlannIng and Development Board
~~y.
MIchael W. Rumpf
DIrector of PlannIng and Zoning
ErIc Lee Johnson, AICP c;f
Planner V
February 17, 2005
CODE REVIEW / CDRV 05-001
Allowing carwash facIJ/tles as condItional uses In the M-l zonIng dIstrict.
THROUGH:
FROM:
DATE:
SUBJECT:
NAnJRE OF REOUEST
Mr. MIchael S. Weiner Is requesting that car wash uses be added to the list of condItional uses In the
M-l Industrial zonIng dIstrict. Specifically, the applicant Is requesting that the code be modIfied to
allow these uses In the M-l zonIng djstrlct west of Interstate 95, such as Congress Avenue. As
proposed by the applicant, thIs code amendment would modIfy Chapter 2, ZonIng, Section 8.A.4 to
'ndude the followIng:
" Carwashes. rovlded the use /s located alon a ma or arterial roadwa located west of nterstate
95, such as Conoress Avenue. "
BACKGROUND
The Oty's Occupational Ucense section categorizes car washes Into multiple categories unlike the
North American Industry aasslflcatlon System (1997), which was formeriy the Standard Industrial
Oasslflcatlon Manual (1987). Both federal publications group such establishments Into one (1)
category, namely "Carwashes". However, accordIng to the Occupational Ucense section, the CIty
Issues licenses for the fOllowIng three (3) categories:
#811190 Auto Detailing / WashIng (22 licenses)
#811193 Carwashes CoIn Operated (4 licenses)
#811194 Full Service Carwash (5 licenses)
This year, the City currently licensed a total of 31 businesses that are considered to be a car wash
type of use. According to the NAICS, "carwashes" Is the Industry where businesses are engaged In
deanlng, washing, and / or waxing automotive vehldes, such as passenger cars, trucks, vans, and
trailers. The Intent of the subject code amendment request Is to allow the construction of a full
service car wash on a vacant property zoned M-l. There are five (5) licensed full service carwashes In
the city. They are located In properties zoned Community Commercial (C-3) and Planned CommercIal
Development (PCD). .
Page 2
CORY 05-001
ANAL YSI$
Full service car washes are currently allowed as permitted uses In the C-3 and PCO zoning districts.
Further, car washes are accessory uses to gasoline dispensing establishments which are conditional
uses In the Neighborhood Commercial (C-2) zoning district. However, car washes (of any kind) are
currently not permitted In the M-1 zoning district. Staff has had several meetings with the applicant
and / or their client to discuss the possibility of constructing a full selVlce car wash on a vacant parcel
In the M-1 zoning district. The applicant submitted sketches showing the configuration of a car wash
facility, Including the drive aisles and parking areas. The applicant did not provide any written
Justification for the subject code amendment. However, In today's convenience driven market, many
companies operating as full service car washes desire locations along major arterials for the added
exposure and convenience. The property, earmarked for the full service car wash, Is specifically
located within the M-1 zoning district along a major road (Congress Avenue). Congress Avenue Is
classified as a Principal Arterial as defined by the CIty's Comprehensive Plan. Generally, heavy
commercial and Industrial uses are consolidated In areas that are Isolated from commercial nodes and
pUblic view. These activities would normally occur within the city's Industrial zoning districts. The
subject site, however, Is located within an area that has historically been a large, consolidated, and
compact Industrial "district" of the city. The "district" was the focus of a comprehensive study (The
South Congress Avenue Industrial Corridor Study) that was completed In 2002 to evaluate the existing
Industrial uses and their vitality.
South Conaress Avenue Studv
The Study area contained a homogenous mixture of Industrial uses. The major sectors were
ConstrvCUon, Manufacturing, Wholesale Trade, Transportation & Warehousing, and Personal &
Professional Servtces sectors, which accounted for over 88% of all the licenses Issued.
The Study revealed that there were 204 occupational licenses Issued for the area. Out of the 204
licenses, 61 licenses or nearly 30% of them were Issued for businesses located along Congress
Avenue. Interestingly, over 66% of the licenses Issued within the Retail Trade category were for
businesses located along Congress Avenue. However, the number of businesses engaged In Retail
Trade In general was Insignificant within the entire Study area. Some of the Study's final
recommendations that are germane to this code review request Included the following:
1. Describe Comprehensive Plan Amendment to acquire PIO standards. Staff recommends
strengthening and clarifying the language In the Comprehensive Plan regarding the PIO zoning
district. By requiring the parcels over 15 acres In area to rezone to PIO, retail uses would be
accommodated In which, the M-1 zoning district would not ordinarily allow. This atbibute of the
PIO zoning district would allow for flexibility, which In tum would aid In future development
contributing to the economic base of the City;
2. DeSign standards for M-1 / PIO uses abutting. major arterials; and
3. Ust permitted uses (for use approval) In the PIO.
It should be noted that soon after the Study was completed, two (2) large tracts of vacant land were
rezoned to allow for townhouses - a non-Industrial use. These events eliminated the need to revisit all
but. one of the above-descr1bed recommendations, namely design. standards appropriate for properties
In the M-l zoning district that front on major corridors such as Congress Avenue.
Page 3
CORV 05-001
Auto deslan and DarklDII
The general Intent and purpose of the C-4 and M-l zoning districts Is to provide adequate space for
more Intense commercial and Industrial uses. Therefore, automotive uses within these districts are
relegated to those aforementioned areas that are heavy commercial or Indusbial In nature.
Accordingly, the Intention Is to separate these sites from less-Intense commercial actlvlty and
residential neighborhoods. Staff has acknowledged that historically, many properties In the C-4 and
M-1 zoning districts were designed and approved for heavy commercial and Industrial uses with lower
parking requirements than their commercial counterparts. However, these older sites have been
converted for automotive-Intensive uses that possess higher off-street parking demands. The problem
arises In situations when the automotive uses become busier; the demand for extra parking spaces
becomes more apparent. In the case of auto repair shops, the parking space dilemma starts with the
accumulation of vehicles (either waiting to be serviced or rebieved by the owners) and the lack of
excess or overflow parking spaces. However, with the exception of Tire Kingdom at 3030 South
Congress Avenue, these older, heavy commercial and Industrial sites are typically hidden and unseen
from the major arterials. Retrofitting existing sites for more parking-Intensive uses becomes
problematic. The Land Development Regulations do not specifically address the parking requirements
for automated car wash fadlltles. According to code, however, In no case shall less than four (4)
outside parking spaces be provided for any non-residential use. The parking requirements for car
washes will be revisited by staff during the re-wrlte of the Land Development Regulations.
Pennitted and Conditional Uses
As previously mentioned, automotive uses are allowed In the M-1 zoning district. According to the
NAICS, there are a wide range of business actlvltles within the category of "automotive use". For
example, gasoline dispensing establishments, auto retail store, and car washes are permitted uses In
the C-2, C-3, C-4, and PCD zoning districts but would be Inappropriate for Isolated Industrlallzed areas. .
These types of establishments flourish In more commerdallzed, heavy traffic, and highly-viSible areas.
Ukewlse, It Is very common to have a stand-alone car wash as a subordinate use (accessory use) to a
gasoline dispensing establishment (principle use). As previously stated, gasoline dispensing
establishments are generally located on major roads with high visibility. It should be noted that these
gas stations are not permitted by right but are approved as conditional uses. Conditional uses are
those uses that are deemed In appropriate generally, or without restriction, throughout a zoning
classification or district. Conditional uses require pUblic hearings and are evaluated on a separate set
of development standards. Staff reviews each request on a case-by-case basis, ensuring that they
satisfactorily meet all 13 standards for evaluating conditional uses. Any parking Issues can be
reviewed and addressed during the conditional use I site plan review process. The conditional use
process will allow for appropriate review for site capacity, particularly when Industrial to commercial
conversions are being requested. This case-by-case review Is appropriate for a car wash project given
the lack of spec/flc site standards In the code, potentially Intense circulation characteristics, potential
Impacts upon adjacent residential neighborhoods, and design objectives appropriate for uses proposed
along major roadways.
SUMMARY I RECOMMENDADON
A car wash Is a typical accessory use to a gas station. Both car washes and gas stations are highly
commercial In nature, but are stili classified as an automotive use. Commercial activities normally
succeed on sites that offer a high degree of visibility. The subject request to allow carwashes In the
M-l zoning dlsbict can be Justified by the fact that Congress Avenue Is a major corridor with a high
volume of traffic and Its high visibility would Inherently attract the commercial user. The Land
Page 4
CORV 05-001
Development Regulations require gas stations to be located at Intersections along major
thoroughfares. Therefore, It would be reasonable to allow a car wash to be located In the M-1 zoning
district along a major thoroughfare. Staff Is In favor of this request, In part, because the subject
property (as Identified by the applicant) Is vacant. All parking Issues would be Immediately planned
for and addressed during the site plan review process; the site would not have to be retrofitted to
accommodate said use.
Staff recommends approval of the request to allow car washes In the M-1 zoning district as conditional
uses but only with the amended language prepared by staff to provide additional safeguards In
Implementing this amendment:
(M-1 zoning district)
Chapter 2, Section 8.A.4.a. Car Wash (Automatic or Self Servlce)*
Furthennore, staff recommends allowing car washes as conditional uses rather than pennltted uses In
the zoning districts where they are currently allowed as pennltted uses (C-3 and C-4 zoning district).
In addition, the following changes are proposed to provide consistency between the "automobile wash
establishment" heading within the use list and the current definition of car washes found In Chapter
l.Artlde II.Deflnltlons. The modifications are Proposed as follows:
(C-3 zoning district)
Chapter 2, Section 6.C.z. Auoofllebllc v.~sh establlshfllcnts Car Wash (Automatic or Self Servlce)*
(C-4 zoning district)
Chapter 2, SectIon 6.D.1.e. Autefll9bllc lI/iJsh establlshmcnt Car Wash (Automatic or Self Servlce)*
The language proposed by staff recognizes the market demand, while at the same time preserves the
perfonnance and design of the clty's shopping centers, the health of heavy commerdal I Industrial
zoning districts, as well as residentially-zoned properties. By Initiating the conditional use
requirement, Individual sites can be reviewed for optimum layout, buffering, and operation In order to
maximize compatibility with the surrounding area. Furthennore, said projects can be reviewed for
aesthetic design where visible from major public rights-of-way. The amended language proposed by
staff would also help to further separate Incompatible land uses.
exhibits
MR/elj
S:\Plannlng\sHARED\WP\SPECPROJ\CODE REVIEW\CDRV 05-001 Carwashes In M-l\Staff Report.doc
MINUTES OF THE REGULAR MEETING OF THE PLANNING & DEVELOPMENT
BOARD HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH,
FLORIDA, ON TUESDAY, FEBRUARY 22,2005 AT 6:30 P.M.
Present:
Lee Wische, Chairman
Sergio Casaine, Vice Chair
William Cwynar
Woodrow Hay
Shirley Jaskiewicz
Jose Rodriguez
Roger G. Saberson
Gerald Broening, non-voting Alternate
Julie Klahr, Assistant City Attorney
Mike Rumpf, Planning & Zoning Director
Ed Breese, Principal Planner
Dick Hudson, Senior Planner
Eric Johnson, Planner
Absent:
Mike Fitzpatrick, Alternate
1. Call to Order and Pledge of Allegiance.
Chairman Wische called the meeting to order at 6:30 p.m. The Pledge of Allegiance to
the Flag was recited, led by Ms. Jaskiewicz
2. Introduction of the Board.
Chairman Wische introduced the board members and Assistant City Attorney Julie Klahr.
3. Agenda Approval
Motion
Mr. Cwynar moved that Items 7.B.1. and 7.C.1 (Boynton Beach Mall NOPC #5) be heard
together, but voted upon separately. Motion seconded by Ms. Jaskiewicz and
unanimously carried.
Motion
Mr. Hay moved to approve the agenda, as amended. Motion seconded by Mr. Cwynar
and unanimously carried.
4. Approval of Minutes.
Meeting Minutes
Planning and Development Board Meeting
Boynton Beach, Florida
February 22, 2005
Motion
Mr. Hay moved to approve the minutes. Motion seconded by Mr. Cwynar and
unanimously carried.
Attorney Klahr administered the oath to all persons who would be testifying.
5. Communications and Announcements.
A. Planning and Zoning Report
1. Final disposition of the January 25, 2005 Planning and Development
Board meeting agenda items.
Mr. Rumpf, Planning and Zoning Director, reported on the following items that were on
the February 1, 2005 City Commission Agenda:
· Grove Plaza Master Plan Modification, and corresponding conditional use
approval for a minor repair, automobile business was approved.
· The large-scale Land Use Plan Amendment cycle consisting of two items
was approved. These included the High Ridge/New Urban Communities
Project on High Ridge Road. This project is a combination of town homes
and single-family homes. The other project is the Knollwood Groves Land
Use Amendment and Rezoning.
· Dr. Go Daycare Center was approved.
· Quantum Park NOPC #15, DRI and Master Plan Modification to
accommodate additional dwelling units were approved.
The Commission approved the following items at the February 15, 2005 City
Commission Meeting:
· The Boynton Town Center Village Projects, including the Land Use
Amendment and Rezoning of the large track of land located at
Congress Avenue and Old Boynton Road.
· The corresponding Comprehensive Plan and Text Amendment that
involved an amendment to Policy #1.16.1 regarding the definition of
suburban mixed use.
· The Text Amendment to Chapter 22, Streets and Sidewalks, was
approved on first reading.
Chairman Wische welcomed Vice Mayor Mack McCray, Commissioner Bob Ensler and
Commissioner Carl McKoy to the meeting.
Mr. Cwynar reported he attended the Palm Beach County Commission Meeting today
where the County Commission voted on an alternate site for the Scripps project. The
alternate site selected was the Florida Industrial Park.
2
Meeting Minutes
Planning and Development Board Meeting
Boynton Beach, Florida
February 22, 2005
Mr. Rodriquez had concerns about the impact a movie theater would have at the
Boynton Beach Mall. He referred to the problems that have resulted with the Muvico in
CityPlace. Chairman Wische noted this was not an agenda item. The Board was being
requested to consider the conversion of the existing retail space to a multi-screen movie
theater.
Mr. Rodriguez felt they needed to look at the impact this would have upon the City. He
avoids going to the Boynton Beach Mall because it is a place where kids hang out on a
regular basis and he had concerns that a movie theater would only increase this
problem. He also felt it would have a negative impact upon the merchants in the Mall.
Vote
The motion carried 6-1 (Mr. Rodriguez dissenting).
D. New Site Plan
1. Project:
Agent:
Owner:
Location:
Description:
Neptune Commerce Center (NWSP 05-006)
William Wietsma Company, Inc.
Pelican Estates, Inc.
South side of Neptune Drive, approximately 1,300 feet east of
South Congress Avenue
Request for New Site Plan approval for a 16,482 square foot
industrial building on a 0.969-acre parcel in a M-1 zoning
district.
A representative on behalf of the applicant assumed the podium and stated they agreed
with all 28 staff comments.
Chairman Wische opened the public hearing. Since no one wished to speak, the public
hearing was closed.
Motion
Mr. Cwynar moved to approve the request for New Site Plan approval for a 16,482
square foot industrial building on a 0.969-acre parcel in a M-1 zoning district, subject to
all staff comments and conditions. Motion seconded by Ms. Jaskiewicz and unanimously
carried.
E. Code Review
1. Project:
Agent:
Location:
Description:
Carwash in M-1 (CORV 05-001)
Michael Weiner, Weiner & Aronson
Industrial (M-1) Zoning District
Request for an amendment to the Land Development
Regulations, Chapter 2. Zoning, Section 8.A.4. M-1 Industrial
District, to allow as a conditional use, car washes provided the
6
Meeting Minutes
Planning and Development Board Meeting
Boynton Beach, Florida
February 22, 2005
use is located along a major arterial roadway located west of
Interstate 95, such as Congress Avenue.
Michael Weiner, 209 S. Seacrest Boulevard, Boynton Beach, was present on behalf
of the applicants and assumed the podium.
Chairman Wische noted staff recommended approval. Mr. Weiner concurred with staff's
report, but pointed out that staff's report did not utilize the applicant's language.
However, they agree with staff's recommendations. Staff also included recommendations
for other zoning districts, which he did not oppose. Attorney Weiner pointed out the
thoroughness of staffs report and felt it fairly presented the issues that have been raised.
Eric Johnson, Planner, stated staff is recommending approval of the request for a code
amendment with the addition of the following language: "In the M-1 Zoning District, it
would be read as a conditional use/car wash, automatic or self-service and in the C-3
and C-4 Zoning Districts, instead of being a permitted use, they would become
conditional uses."
Chairman Wische opened the public hearing.
Richard Philpott, 1361 SW 27th Avenue, Boynton Beach, reported the residents in
GolNiew Harbour are concerned about a car wash being located next to their
community. If such a car wash were located next to their community, they were worried
about the noise and they would like to know how the noise would be addressed. They do
not object to a car wash, but would like assurances that the abutting homeowners would
be protected from constant noise coming from a car wash. He also noted the car wash
located at the Mobil Station at Woolbright and Congress is open 24-hours per day.
Linda Chiodo, and her husband, live at 2515 SW 15th Court and own a vacant lot in
GolNiew Harbour that is adjacent to the subject property and they have many concerns.
Mr. Cwynar inquired about Ms. Chiodo's lot and whether it could be built on. Ms. Chiodo
responded it was a vacant, buildable lot, on which they plan to build.
Natalie Maloney, 1460 SW 28th Avenue, Boynton Beach, lives in the corner house at
28th Avenue and Congress Avenue and the subject lot is located behind her house. She
also had concerns about the car wash and whether it would be open 24-hours per day,
as well as the lights, noise and the effect it would have upon the property value of her
house. Ms. Maloney was also worried about the view she would have from her back
window.
Mr. Broening pointed out that what the Board is being asked to approve is not site
specific. The amendment also puts a conditional use on the zoning, which means all
these issues would be addressed adequately at the proper time.
Since no one else wished to speak, the public hearing was closed.
7
Meeting Minutes
Planning and Development Board Meeting
Boynton Beach, Florida
February 22, 2005
Attorney Weiner pointed out they are not dealing with a site plan. With regard to the
specific site of his applicants, the car wash would not be a tunnel car wash. He explained
that the City's Code deals with noise and noted these Codes are enforceable. There are
many uses that are allowed in M-1 zoning districts that would result in much more noise,
odor and problems than the proposed car wash and do not require conditional use
approval.
The car wash would not be open 24 hours. A photometric plan must be submitted to and
approved by staff. Mr. Weiner read a list of approved uses in M-1 zoning that did not
require site plan approval. Some of those uses included stone cutting and finishing;
steam pressure and cleaning services; septic tank, sewer and drain cleaning and repair
services; towing companies with exterior storage; monuments and gravestones,
including retail sales; trucks, buses, farm equipment, construction, including retail
renting; and a myriad of other uses.
Staff noted there are a great number of retail businesses in the M-1 zoning district and it
had been determined several years ago there could be compatibility between residential
and M-1 on the same side of street. The applicant would only be adding a service that
would be utilized by people who want to get their cars washed and it is a use that would
not have that much impact.
Ms. Jaskiewicz noted that the car wash could also affect Hunters Run, Silverlake and
many other communities along Congress Avenue in addition to GolNiew Harbour. Ms.
Jaskiewicz did not feel that Congress Avenue was a good location for a car wash. She
was not opposed to the zoning amendment, but she did not want it to apply to Congress
Avenue.
Mr. Saberson did not think it was appropriate to have a car wash in an M-1 zoning district
and the uses cited by Mr. Weiner are the types that belong in that zoning district. He felt
if this request were approved, it would only make the situation worse. Further, he was
opposed to placing car washes directly behind residential uses. He disagreed with Mr.
Weiner's comments that a car wash would have little impact upon the area. As a result,
he would like the City to determine what kinds of uses should be allowed in an M-1
zoning district that could be adjacent to residential zoning districts. He did not feel that
the uses cited by Mr. Weiner would be compatible with residential uses.
Mr. Rodriguez asked Mr. Weiner if he had a specific site in mind. Mr. Weiner responded
that his clients are requesting the Code review for the vacant land next to the self-
storage facility that is being built along Congress Avenue. He felt a car wash would be
far less invasive than some of the other uses that would be allowed.
Mr. Rodriguez asked staff why it was necessary to expand the current zoning since there
are so many other zonings that would allow this use. Mr. Johnson responded that the
applicant applied to modify the zoning code to allow car washes in the M-1 zoning
district. Staff evaluated this request and how it would affect the M-1 zoning district. After
the South Congress Avenue Study was done, it was determined that 66% of the licenses
issued for businesses along Congress Avenue have a retail trade component.
8
Meeting Minutes
Planning and Development Board Meeting
Boynton Beach, Florida
February 22, 2005
Therefore, a car wash does not appear to be inappropriate for a site along Congress
Avenue.
Since car washes need visibility, it would seem unlikely that a car wash would locate in
the interior of the M-1 zoning districts. Mr. Johnson also pointed out that Congress
Avenue is a major thoroughfare and automotive uses are already permitted in the M-1
district. A car wash is just another form of an automotive use. Because of the conditional
use requirements, staff could almost make certain that whatever is built would be built to
protect the health, safety and welfare of the residents in the area and the City as a
whole.
Vice Chair Casaine referred to the modern types of car washes now being constructed.
The new types do not detract from the value of one's property. Also, when the actual car
wash applied for approval, further hearings would be held to allow the public additional
input. He pointed out these kinds of car washes are located in Cities like Boca Raton and
Delray Beach, and he does not feel that it has affected property values.
Motion
Vice Chair Casaine moved to approve the request for an amendment to the Land
Development Regulations, Chapter 2, Zoning, Section 8.A.4. M-1 Industrial District, to
allow as a conditional use, carwashes provided the use is located along a major arterial
roadway located west of Interstate 95, such as Congress Avenue. Motion seconded by
Mr. Hay.
Ms. Jaskiewicz felt this item was almost site specific since there is very little open space
along Congress Avenue and she could not vote favorably for the request.
Mr. Johnson questioned whether the Board was approving the motion proposed by the
applicant or the motion proposed by staff with staff's language. Chairman Wische asked
the applicant what motion he would prefer. Attorney Weiner stated they had no problem
with staff's language and he would agree to either version the Board adopts.
Vice Chair Casaine amended his motion that it be based upon staff's language. Mr. Hay
seconded the amended motion. The motion carried 5-2 (Ms. Jaskiewicz and Mr.
Saberson dissenting).
2. Project:
Agent:
Owner:
Location:
Description:
LivelWork in SMU (CORV 05-002)
Kim Glas-Castro, AICP
Town and Country Homes - Florida
Renaissance Commons
Request for an amendment to the Land Development
Regulations, Chapter 2. Zoning, Section 6.H. Suburban
Mixed Use (SMU) zoning district to allow Live/Work units as
a permissible use.
Kim Glas-Castro, an Attorney with Ruden & McCloskey, 222 Lakeview Avenue,
West Palm Beach, assumed the podium. Ms. Glas-Castro noted staff's report
9
MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MARCH 17,2005
MEETING CONTINUED TO WEDNESDAY, MARCH 23, 2005 IN COMMISSION
CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA AT 6:30 P.M.
Present:
Jeanne Heavilin, Chairperson
Henderson Tillman, Vice Chair
Alexander DeMarco
Don Fenton
Marie Horenburger
Steve Myott
Doug Hutchinson, CRA Director
Ken Spillias, Board Attorney
Susan Vielhauer, Controller
Absent:
James Barretta
Call to Order
Chairperson Heavilin called the continued Community Redevelopment Agency Meeting
of March 17, 2005 to order. The Recording Secretary called the roll and declared a
quorum was present.
Chairperson Heavilin welcomed Commissioner Ferguson
Attorney Spillias noted it was not necessary to administer the oath since a code review
is not a quasi-judicial matter.
VI. Public Hearina
New Business
A. Code Review
1.
Project:
Agent:
Location:
Description:
Car Wash Use in M-1 (CDRV 05-001)
Michael Weiner, Weiner & Aronson
Industrial (M-1) Zoning District
Request for an amendment to the Land
Development Regulations, Chapter 2 Zoning,
Section 8.1.4, M-1 Industrial District, to allow
as a Conditional Use, carwashes provided the
use is located along a major arterial roadway
located west of Interstate 95, such as
Congress Avenue
Mr. Johnson presented the item on behalf of staff. The applicant is requesting a code
amendment to include the following language: "Car washes, provided the use is located
Meeting Minutes
Continued Meeting of the Community Redevelopment
Agency's March 17,2005 Meeting
Boynton Beach, Florida
March 23, 2005
along a major arterial roadway located west of Interstate 95, such as Congress
Avenue." The proposal is to allow a car wash in the M-1 Zoning District. Staff has
determined there are 31 businesses that are considered car washes, of which five are
considered full-service car washes. Full service car washes are allowed as permitted
uses in C-3, C-4 and PCD Zoning Districts. They are not allowed in the M-1 zoning
districts.
The applicant intends to develop a car wash on Congress Avenue necessitating a code
change. Staff reviewed the South Congress Avenue Study that mainly dealt with the M-
1 zoning district that is not within the CRA's jurisdiction. Staff also evaluated the
differences between permitted and conditional uses. It was found a car wash would be
allowed in the M-1 zoning district, but only as a conditional use. This would allow staff to
review each request on a case-by-case basis. Rather to just allow a car wash along
Congress Avenue or in the M-1 zoning district, staff felt it was important to have car
washes allowed only as conditional uses in all M-1 zoning districts. As a result, staff is
also requesting car washes be conditional uses in the C-3 and C-4 zoning districts.
Staff is recommending approval of the request to allow a car wash as a conditional use
in the M-1, C-3 and C-4 zoning districts.
Chairperson Heavilin opened the public hearing.
Michael Weiner was present on behalf of the contract vendee that would be purchasing
property along Congress Avenue. This was a privately initiated amendment and it was
staff that requested the rezoning be expanded to other zoning districts. He noted,
however, his request was for M-1 zoning districts, but if the Board wanted to adopt
staff's language, he was not opposed to it.
Chairperson Heavilin inquired how this would impact the CRA since the CRA was not
involved in Congress Avenue. Attorney Weiner was not certain why this was brought
before the CRA, but there is C-2 and C-3 zoning within the CRA. He attributed this to
staff wanting it reviewed by the CRA.
If this Board only wants to vote on the recommendations in staff's report, he would be
agreeable with that also.
Motion
Ms. Horenburger moved to approve staff's recommendation.
The motion died for lack of a second.
Chairperson Heavilin inquired if citywide zoning had to come before both Boards. Mr.
Johnson noted the CRA did have M-1 zoning within its boundaries. Mr. Hutchinson
responded it does not fit the description in the Ordinance presented to the Board since
2
Meeting Minutes
Continued Meeting of the Community Redevelopment
Agency's March 17,2005 Meeting
Boynton Beach, Florida
March 23, 2005
the CRA M-1 zoning is not on a major artery. Mr. Johnson pointed out staff is
recommending car washes be allowed as a conditional use in all M-1 zoning, regardless
of where they are located. Staff is also recommending car washes be allowed as
conditional uses in C-3 and C-4 zoning districts as well.
Mr. Hutchinson stated this Board needed to hear testimony for the areas that would be
impacted in the CRA. The only M-1 zoning district in the CRA is Industrial Avenue, one-
half block off Boynton Beach Boulevard, north to 9th Avenue. Mr. Hutchinson pointed
out, however, if the code change was approved, this would give staff more control within
the C-3 and C-4 zoning districts in the CRA.
Mr. Myott inquired if a car wash approval would ever come before this Board within the
MU projects. Mr. Hutchinson stated car washes are not allowed in any mixed-use
zoning districts.
Attorney Weiner reviewed the current uses allowed in M-1 zoning districts. He did not
think adding car washes as conditional uses in M-1 would be detrimental. It is much
better to have these kinds of uses categorized as conditional uses that would allow the
City more control of what goes into these zoning districts.
Mr. DeMarco inquired if this was coming before the Board because there would be
someone in the area that would be opening up a car wash in the future. Attorney Weiner
responded there is someone that wants to open a car wash, but it is not within the CRA.
Mr. DeMarco questioned why this was brought before this Board since the location of
the proposed car wash is along Congress Avenue. Attorney Weiner explained citywide
zoning has to be addressed by the CRA because their application was expanded by
staff to include C-3 and C-4.
Vice Chair Tillman felt the item should be brought before the Planning and Development
Board before coming to this Board. If the initiative is not a CRA initiative, he did not feel
it should come before the CRA Board. Mr. Johnson noted the item did go before the
Planning and Development Board first and it was recommended for approval. Because
there is some M-1 zoning in the CRA, staff feels the CRA Board should also address
this since it is a citywide initiative.
Ms. Horenburger inquired if the CRA staff was recommending approval. Mr. Hutchinson
responded that CRA staff did not want to pass judgment on the Congress Avenue
Corridor project, but anytime they can get a conditional use review, he feels the Board
would gain control over what goes into the CRA area.
Chairperson Heavilin inquired if the item could be expanded that car washes could only
be located within an interior parcel within those zoning districts to prevent the car wash
from abutting residential. Mr. Johnson pointed out one of the criteria for evaluating
conditional use is compatibility.
3
Meeting Minutes
Continued Meeting of the Community Redevelopment
Agency's March 17,2005 Meeting
Boynton Beach, Florida
March 23, 2005
Motion
Mr. Myott moved to approve the amendment to the Land Development Regulations,
Chapter 2 Zoning, Section 8.1.4. M-1 Industrial District, to allow carwashes as
conditional uses in M-1, C-3, and C-4 zoning districts per staff recommendations and
subject to all staff comments. Motion seconded by Ms. Horenburger. Motion carried 4-2
(Messrs DeMarco and Fenton dissenting).
VII. Old Business
A. Consideration of Direct Incentive Program for Cornerstone Development's
Barr Property Project (Tabled to March 17, 2005) (Previously
addressed)
VIII. New Business
A. Consideration of Pilot Program for WI-FI Wireless System for Heart of
Boynton and Central Business District
Mr. Hutchinson noted that the City's IT Director is not available and he would like to
postpone the item to the next meeting.
Motion
Vice Chair Tillman moved to table Item VIII.A. Motion seconded by Ms. Horenburger.
Chairperson Heavilin stated that the correct terminology was "postpone," not "table."
Vice Chair Tillman amended his motion accordingly that was seconded by Ms.
Horenburger.
Ms. Horenburger noted when the item comes back, she would like it to go out to bid.
Attorney Spillias reported he received E-mail from an attorney that handles
telecommunications law who informed him the State legislature is currently considering
two bills that would prohibit local governments from offering communication services in
competition with private providers, including WI-FI. Attorney Spillias has not had an
opportunity to look at the Bills, but he might have something by next month.
Mr. Hutchinson noted during Palm Beach Days Senator Klein brought this up and he
supports allowing cities to offer the service or to go out through a competitive process.
Mr. Hutchinson explained they are only planning to do a pilot program and would not be
purchasing the equipment.
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RESOLUTION NO. R05-
XII. - LEGAL
ITEM C.1
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING ISSUANCE OF A "NOTICE
OF INTENT" TO CREATE A TEMPORARY
MORATORIUM ALLOW STAFF TO REVIEW AND
REVISE ZONING REGULATIONS FOR PROPERTIES
IN M-1 ZONING DISTRICTS WHICH FRONT ON
SPECIFIC ROADWAYS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Ordinance 00-53 authorizes temporary moratoriums to allow the City staff
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d City consultants to study the need for modifications to City development regulations in
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esponse to trends on development or redevelopment in the City; and
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WHEREAS, the United States Supreme Court in its 2002 op111lOn 111 Tahoe-Sierra
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reservation Council, Inc. v. Tahoe Regional Planning Agency fecognized the that moratoria, Of
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'interim development controls" as they are often called, are an essential tool of successful
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evelopment; and
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WHEREAS, the Commission deems it timely and in the best interest of the City and its
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esidents to undertake review and revision to M-l zoning regulations. The review development
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erformance standards and site plan characteristics for development ofM-l zoned property that
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ronts on specific roadways; and
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WHEREAS, the Commission has authority to initiate the review process by resolution
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nd issuance of a Notice ofIntent; and
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WHEREAS, the Notice of Intent attached to this Resolution as Exhibit "A" fepfesents a
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ormal announcement of said planning activities, and the period during which time all
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pplications related to development activity proposed within the study area, must be abated; and
28
WHEREAS, this Notice of Intent will be in effect from the date of adoption and
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hereafter for a period of 180 days following the date of adoption unless otherwise extended by
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he City Commission by subsequent Resolution following public hearing.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
:\CA\RESO\Notice ofIntent\NOI Resolution C-l Zoning.doc
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CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The City Commission of the City of Boynton Beach, Florida does hereby
3 oes hereby issue the Notice of Intent attached hereto as Exhibit "A".
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Section 2.
That this Resolution shall become effective city-wide III M-l zoned
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roperties which front on specific roadways immediately upon passage.
Section 3.
The Notice of Intent shall posted and copies provided as required by
rdinance 000-053.
Section 4.
No application for development activity within the scope ofthe study shall
9 e accepted by the City following the date of adoption of this Resolution and during the study
10 eriod. No application for a development activity within the scope of the study shall be further
11 rocessed by the City, following the date of adoption of this Resolution during the study period,
12 nless the application was filed prior to the adoption date ofthis Resolution.
13 PASSED AND ADOPTED this _ day of April, 2005.
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CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
TTEST:
Commissioner
ity Clerk
:\CA \RESO\Notice of Intent\NOI Resolution C-] Zoning.doc
XIII-UNFINISHED BUSINESS
ITEM A.
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
D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon)
~ April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18, 2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal ,
:.:J
D Bids ~ Unfinished Business 1
D _..J
D Announcement Presentation
D City Manager's Report - ',....
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RECOMMENDATION: Vice-Mayor McCray and Commissioner Ferguson requested re-review of the Citf-
Commission's decision on January 4,2005 to revise the 2005 CRA and P&D Review Schedules which affects when
recommendations from these two advisory boards appear on the City Commission agenda.
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EXPLANATION: This item was discussed on January 4,2005 and a revision to the 2005 review schedule was
approved by motion on a 4-1 vote at that meeting. Copies of the agenda back-up and an excerpt of the minutes from January
4,2005 is attached hereto.
PROGRAM IMPACT: It is recommended that the Commission policy not be changed. The production of and review of
minutes from the Planning and Development Board and Community Redevelopment Board should be an integral part of final
review of recommendations. In the past, minutes of the advisory board deliberations were generally not available to the City
Commission when the item came to the City Commission for a vote. Unless the members of the City Commission attended the
P&D or CRA meetings, they may not have access to the context of the advisory board deliberation. The schedule change
afforded the Commission and the public an opportunity to review the recommendations of the advisory board before the City
Commission made any final decision on CRA or P&D recommendations. This helps to minimize any mistakes and allow
citizen engagement. The Development staff has phased in the new schedule and informed the development community ofthe
new schedule.
FISCAL IMP ACT: Restoration of the old schedule will result in additional staff costs in the Development Department
to turn around a P&D or CRA recommendation packet (without CRA or P&D minutes available) within 24 hours of the
advisory board meeting. This is to meet the agenda printing deadline of the Wednesday prior to the first and third Tuesday of
the month when City Commission meetings are held. The Commission's information in these packets is limited to the initial
staff report to the advisory board and a staff recapitulation of the vote of the advisory board on the matter.
ALTERNATIVES: Retain the schedule as adopted on January 4,2005. The process should be reviewed in 2005 and
the ",hed"le ,evi,ited in a ye"_ ~
Department Head's Signature . City Manager's Signature
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
City Attorney / Finance / Human Resources
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
IX. - CITY MANAGER'S
REPORT
ITEM A
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
0 December 7,2004 November 15,2004 (Noon.) 0 February I, 2005 January 17,2005 (Noon)
0 December 2], 2004 December 6,2004 (Noon) 0 February ]5,2005 January 31, 2005 (Noon)
[gI January 4, 2005 December 20, 2004 (Noon) 0 March I, 2005 February 14, 2005 (Noon)
0 January 18, 2005 January 3,2005 (Noon) 0 March ]5,2005 February 28, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Le gal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
[gI City Manager's Report
RECOMMENDATION: Discussion of revised 2005 CRA and Planning and Development Board Review
Schedules.
EXPLANATION: Staff has been asked to provide revised application review schedules for the
consideration of the City Commission. The goal is to provide the Commission with an opportunity to
have the benefit of complete minutes of CRA and P&D Board discussions prior to any Commission
action.
PROGRAM IMPACT: The revised schedules will allow more time for the preparation of staff reports as
well as minutes of CRA and P&D minutes prior to commission meetings. Impacts on staff workload
would be dependent on Commission response to inevitable requests for exceptions to the schedule.
FISCAL IMPACT: N/A
ALTERNATIVES: Continuation of the existing review schedules
~
~
City Manager's Signature
Department of Development
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Boynton Beach
City Manager's Office
Memorandum
TO:
Honorable Mayor & City Commiss~r
Kurt Bressner // _ ,..,r ~'jr
City Manager ~
FROM:
DATE:
December 17, 2004
SUBJECT:
Amendment to Development Application Deadlines
I am attaching a memo from Quintus Greene prepared in response to my request that we
consider changing the development application process slightly to allow the City Commission an
opportunity to see the full draft minutes of the CRA or the P&D Board on development related
matters. Currently, the CRA or the P&D Board meets the second and fourth Tuesday of the
month. This means that on Wednesday following a CRA or P&D Meeting, the staff is
assembling the results of the meeting the night before. In virtually all cases, the minutes that
may detail the discussion of the CRA or P&D are not available in 24 hours when the
Commission Agenda goes to print on late Wednesday. It is not possible to have these minutes
prepared in this time line.
Given the issues facing the Commission related to land development matters, especially quasi-
judicial hearings, I believe it is the City's interest to see that the Commission has the benefit of
the full discussion from the advisory board vote rather than a synopsis prepared by staff. The
attached report is my effort to get the Commission better and more complete information without
delaying the production of the City Commission agenda packet further.
Quintus has pointed out that development interests likely will feel disadvantaged by this change
and they may contact you regarding this proposed schedule. For purposes of fairness, I
propose we discuss it at the next City Commission meeting under the City Manager's report.
That way if there are development interests who feel the two-week delay in their petitions are
unfair and unwarranted, they can address this issue directly with you.
As development activity in the City increases, staff cannot continue the turnaround of partial
agenda material for you. Further, I feel this revision will provide better information to the City
Commission at less overall cost as we currently incur higher staff costs to get the partial reports
out to make the agenda deadline. Thank you.
Attachment
cc: Quintus Greene - Please prepare agenda cover sheet for 114/05 agenda
Jim Cherof
Doug Hutchinson
Janet Prainito
MEMORANDUM
To:
Kurt Bressner, City Manager
From:
Quintus Greene, Development Director
Date:
December 16,2004
Re:
Re: Agenda Schedule Revision
This is in response to your e-mail of December 14, 2004 regarding Agenda Planning.
Attached you will find the revision to the proposed 2005 Review Schedules for the CRA
and Planning and Development Board. The revised schedule begins with the December
15, 2004 submittal cutoff date. Applications submitted prior to the November 17 and
December 1, 2004 submittal deadlines will continue through the previously scheduled
dates.
In essence this revised schedule extends the time frame between the date that an
application is heard at either the CRA or P&D Board meeting and its City Commission
Meeting date by one Commission meeting (generally two weeks). One advantage is
that this will allow the Planning staff more time to make revisions to the staff reports in
light of actions taken by either the CRA or P&D Board. It will also allow the City Clerk's
Office more time to prepare the minutes of the board meetings for review by the
Manager's Office and City Commissioners.
i'
The primary disadvantage is that the project application time frame, from submittal to
approval, will be lengthened. This is not consistent with our previous emphasis on
improving customer service by minimizing delay's and shortening application processing
times. . In addition, it is anticipated that once certain individual applicant's become aware
of an extra two weeks in the process, there will be requests made to Commissioners and
the Manager's Office to have staff make exceptions to the established schedule. Such
exceptions would not only be contrary to the principles of equity and consistency but
would also complicate the work of staff by requiring the processing of applications on
multiple schedules.
RECEIVED
DEC 1 6 2004
CITY MANAGER'S OFFICE
· NEW SITE PLAN
· MAJOR SITE PLAN MODIFICATION
· CONDITIONAL USE APPROV AL/SITE PLAN
2005 REVIEW SCHEDULE - P&D/CRA
· SUBDIVISION - MASTER PLAN
· MASTER PLAN MODIFICATION
ORIGINAL
SUBMITTAL
DEADLINE
COMMENTS
DUE TO
APPLICANT
(if applicable)
TECHNICAL
REVIEW
COMMITTEE
MEETING/
AMENDED
PLANS
DEADLINE
Janua 18,05
CRA
BOARD
MEETING
CITY
COMMISSION
MEETING
(1) A PRE-APPLICATION MEETING IS REQUIRED A MINIMUM OF ONE (I) WEEK PRIOR TO PLANNED SUBMITTAL. CALL THE PLANNING AND ZONING DMSION AT (561)
742-6260) FOR AN APPOINTMENT. THE MEETING WILL ADDRESS CONCERNS REGARDING THE TYPE OF SUBMITTAL, BOARD REVIEW SCHEDULE, SUBMITTAL
PROCEDURES, FEE, APPLICATION FORM AND TYPE AND NUMBER OF PLANS/DOCUMENTS THAT ARE REQUIRED TO BE SUBMITTED.
(2) THE SUBMITTAL WILL FOLLOW THE SCHEDULE IDENTIFIED ABOVE IF THE DEADLINE HAS BEEN MET, AND THE SUBMITTAL IS DETERMINED ACCEPTABLE FOR
PROCESSING. TO KEEP THE REVIEW PROCESS ON SCHEDULE, THE AMENDED PLANS DEADLINE DATE IS STRICTLY ENFORCED. ONLY TEN (10) WORKING
DAYS ARE ALLOCATED TO THE APPLICANT TO ADDRESS STAFF COMMENTS AND SUBMIT REVISED DRAWINGS.
(3) APPLICATIONS WHICH REQUIRE SUBMITTAL OF A TRAFFIC IMPACT ANALYSIS, PURSUANT TO THE MUNICIPAL IMPLEMENTATION OF PALM BEACH COUNTY
TRAFFIC PERFORMANCE STANDARDS ORDINANCE REQUIRE ADDITIONAL REVIEW TIME. NOTE: TWO (2) SIGNED AND SEALED COPIES OF THE TRAFFIC IMPACT
ANALYSIS ARE REQUIRED WITH INITIAL SUBMITTAL. REFER QUESTIONS REGARDING TRAFFIC TO PLANNING & ZONING STAFF.
(4) THE ABOVE DATES MAY BE SUBJECT TO CHANGE. CONTACT THE PLANNING AND ZONING DIVISION TO VERIFY DATES.
(5) * MEETING DATES CHANGED DUE TO ELECTION DAY AND HOLIDAYS.
(6) AN APPLICATION RELATIVE TO PROPERTY WITHIN THE COMMUNITY REDEVELOPMENT AREA IS REVIEWED BY THE COMMUNITY REDEVELOPMENT AGENCY
(CRA), ALL OTHERS ARE REVIEWED BY THE PLANNING AND DEVELOPMENT BOARD, PRIOR TO CONSIDERATION BY THE CITY COMMISSION.
(7) ITEMS REQUIRING CODE REVIEW FOR CITYWIDE IMPLEMENTATION MAY REQUIRE REVIEW BY CRA IF ITEM IS IN THE CRA AREA IN ADDITION TO P& D. BOARD..
(8) TELECOMMUNICATIONS TOWERS ARE FIRST REVIEWED BY THE TOWER SITING REVIEW COMMITTEE PRIOR TO SUBMITTING AN APPLICATION FOR
CONDITIONAL USE/SITE PLAN APPROVAL.
S:\Planning\SHARED\WP\FORMS\SCHED\200S Site Plan REVIEW SCHEDULE P&D-CRA.doc Revised 1/05
2005 REVIEW SCHEDULE - P & D/CRA
a
LARGE SCALE LAND USE ELEMENT MAP AMENDMENTS. INCLUDING RELATED APPLICATIONS FOR
ANNEXATION. REZONING OR COMPREHENSIVE PLAN TEXT AMENDMENTS
CITY COMMISSION
SUBMISSION CRA BOARD P & D PUBLIC HEARING
DEADLINE MEETING MEETING (TRANSMIT TO DCA)
APRIL 7 JUNE 14 JUNE 28 JULY 19
OCTOBER 7 DECEMBER 13 TBA TBA
SMALL SCALE LAND USE ELEMENT MAP AMENDMENTS [PURSUANT TO CHAPTER 163.3187.(1) (c)
FLORIDA STATUTES] INCLUDING RELATED APPLICATIONS FOR ANNEXATION. REWNING. OR
COMPREHENSIVE PLAN TEXT AMENDMENTS
NOTE:
A pre-application meeting is required a minimum of one (1) week prior to planned submittal. Call the Planning and Zoning Division at (561) 742-6260
for an appointment. The meeting will address concerns regarding the type of submittal, board review schedule, submittal procedures, fees,
application form, and type and number of plans/documents that are required to be submitted.
Only those land use amendments / rezonings that are planned development district requests require review at a T.R.C. meeting.
SMALL SCALE AMENDMENTS
A Development Order related to a small scale amendment/rezoning cannot be granted until after the amendment is in effect, which occurs 31 days
after adoption unless challenged.
Any local government comprehensive plan amendments directly related to proposed small scale development activities may be approved without
regard to statutory limits on the frequency of consideration of amendments to the local comprehensive plan. A small scale development amendment
may be adopted only under the conditions listed in Chapter 163.3187 (1 )(c)1.a-f.
An application relative to property within the Community Redevelopment Area is reviewed by the Community Redevelopment Agency (CRA). All
others are reviewed by the Planning and Development Board, prior to consideration by the City Commission.
The above dates may be subject to change. Contact the Planning and Zoning Division to verify dates. .. Meeting days changed due to Election Day
and Holidays.
Site Plan will proceed to City Commission for approval concurrent with final ordinances for Rezoning and Land Use applications.
S:\Planning\SHARED\WP\FORMS\SCHED\2004\2005 LandUse-P&D-CRA .doc Revised 1/05
. SITE PLAN TIME
EXTENSION
. ADMINISTRATIVE
APPEAL
. CONCURRENCY TIME
EXTENSION
. COMMUNITY DESIGN
PLAN APPEAL
2005 REVIEW SCHEDULE - P&D/CRA
CONSENT AGENDA FOR CITY COMMISSION
. USE APPROVAL . MASTER PLAN TIME
EXTENSION
. CONDITIONAL USE TIME
EXTENSION
. VARIANCE
. ZONING CODE APPEAL
. CONCURRENCY APPEAL
2005 REVIEW SCHEDULE - PUBLIC HEARING
. CONSISTENCY REVIEW . ABANDONMENT **
. HEIGHT EXCEPTION . CODE REVIEW
ORIGINAL
SUBMITTAL
DEADLINE
TECHNICAL
REVIEW
COMMITTEE
MEETING
CITY
COMMISSION
MEETING
NOTE:
1) A PRE-APPLICATION MEETING IS REQUIRED A MINIMUM OF ONE (1) WEEK PRIOR TO PLANNED SUBMITTAL. CALL THE PLANNING AND ZONING DIVISION
AT (561) 742-6260 FOR AN APPOINTMENT. THE MEETING WILL ADDRESS CONCERNS REGARDING THE TYPE OF SUBMITTAL. BOARD REVIEW SCHEDULE.
SUBMITTAL PROCEDURES. FEES. APPLICATION FORM, AND TYPE AND NUMBER OF PLANS/DOCUMENTS THAT ARE REQUIRED TO BE SUBMITTED.
2) APPLICATIONS WHICH REQUIRE SUBMITTAL OF A TRAFFIC IMPACT ANALYSIS, PURSUANT TO THE MUNICIPAL IMPLEMENTATION ORDINANCE OF PALM
BEACH COUNTY TRAFFIC PERFORMANCE STANDARDS ORDINANCE. OR ABANDONMENT REQUESTS FOR STATE OR COUNTY RIGHTS-OF-WAY MAY
REQUIRE ADDITIONAL REVIEW TIME. (REFER QUESTIONS REGARDING TRAFFIC TO THE PLANNING & ZONING STAFF.)
3) ALL REVIEW RESPONSES FROM THE APPROPRIATE OUTSIDE AGENCIES. MUST BE RECEIVED BY PLANNING AND ZONING AT TIME OF APPLICATION
SUBMITTAL.
4) THE CONCURRENCY REVIEW COMMITTEE SHALL TAKE THE PLACE OF THE TECHNICAL REVIEW COMMITTEE FOR APPLICATIONS FOR CONCURRENCY
TIME EXTENSION OR CONCURRENCY APPEAL.
5) SCHEDULE SUBJECT TO CHANGE. CONTACT PLANNING & ZONING DIVISION. "MEETING DATES CHANGED DUE TO ELECTION DAY AND HOLIDAYS.
6) AN APPLICATION RELATIVE TO PROPERTY WITHIN THE COMMUNITY REDEVELOPMENT AREA IS REVIEWED BY THE COMMUNITY REDEVELOPMENT
AGENCY (CRA). ALL OTHERS ARE REVIEWED BY THE PLANNING AND DEVELOPMENT BOARD. PRIOR TO CONSIDERATION BY THE CITY COMMISSION
7) ABANDONMENT PROCESS INCLUDES 2 ADDITIONAL CITY COMMISSION MEETINGS FOR ORDINANCE PROCESSING. ABANDONMENTS WITH
UNSATISFIED CONDITIONS WILL NOT PROCEED TO THE ORDINANCE STEP.
S:\Planning\SHARED\WP\FORMS\SCHED\2005 Review Schedule ABAN-VARIANCE-CODE REVIEW-P&D-CRA.doc Rev 1/05
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
January 4,2005
Motion
Commissioner Ensler moved for approval, subject to the comments and agreements
expressed at this meeting. Motion seconded by Vice Mayor McCray. Secretary Prainito
called the roll and the motion carried 5-0.
IX. CITY MANAGER'S REPORT:
A. Discussion of revised 2005 CRA and Planning and Development Board
Review Schedules
Mr. Bressner is recommending that the schedules for the CRA and Planning and
Development Boards be changed. He would like to have the review cycle by the City
Commission expanded in order to allow the City Clerk's Office to have the draft minutes
of those Boards available in the agenda packet when the Commission has to consider
land use changes, rezoning, variances, etc. Under the current schedule, this data is not
available to the Commission. It would benefit those Commissioners who do not attend
those meetings to be made aware of what transpired at the meeting. Mr. Bressner was
not in favor of merely having a synopsis prepared by City staff of what took place at the
meetings.
If additional issues surfaced relating to an item being presented, this would provide
Legal more time to review those issues. Attorney Cherot also explained that it was
important that the minutes be available tor the general publiC to provide them with an
opportunity to participate in the public hearings.
Vice Mayor McCray originally was not in favor of the change in the schedules, but after
considering the circumstances and in order to allow the public an opportunity to
participate in public hearings, he was now in favor of the schedule change. However,
he wanted assurances that the City would remain user friendly and was opposed to
creating barriers for developers wanting to come into the City.
Commissioner Ferguson was opposed to delaying the public hearing items coming to
the Commission and felt that this was not "user friendly." He recommended that the
meeting dates of the two Boards be changed to the first and third Wednesdays of the
month so that the minutes could be available for the agenda packets. Mr. Bressner
stated that staff had discussed this, but discovered that there were conflicting events in
the Community on Wednesday nights that would make it difficult for the CRA to meet.
Vice Mayor McCray pointed out that when people volunteer for Boards they are made
aware of the meeting dates and times and he felt that to change those dates would
cause an inconvenience for Board members. He did recommend looking at changing
the dates at a future time.
Commissioner Ensler inquired about the timing for development of a site and how long
does the entire process take. Mike Rumpf, Planning and Zoning Director, stated that it
normally would take between two and three months for site plan approval and for
permitting it would take at least an additional month, if not more. Commissioner Ensler
16
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
January 4, 2005
did not think that adding two weeks on to a three to four month process would result in a
significant change. Mr. Rumpf felt that the applicants would probably not be in favor of
this change.
Mayor Taylor recommended approving the time change and if an exception were
needed for a particular project, an adjustment could be made to the time schedule. He
was not opposed to the additional two-week change.
Motion
Vice Mayor McCray moved for approval. Motion seconded by Commissioner Ensler and
carried 4-1 (Commissioner Ferguson dissenting).
X. FUTURE AGENDA ITEMS:
A. Workshop regarding City Hall/Public Safety Space Needs Report (TBA)
B. Proposed Lease Agreement with Boynton Woman's Club (TBA)
C. Management of Colors along Congress Avenue, Federal Highway,
Gateway Boulevard and Boynton Beach Boulevard (TABLED ON BI3I04
based on review by Planning & Development Board and eRA)
D. Review of 2005 Hurricane Season (January 2005)
E. Revamp of CDBG Allocation Process (January 2005)
F. City Commission District Boundary Review (February 1, 2005)
G. Annexation of Enclaves (TBA)
H. Hurricane Design for Public Buildings
r. Town Square /I Report (January 31, 2005)
J. Recreation & Open Space Comprehensive Plan Presentation (January 31,
2005)
XI. NEW BUSINESS:
A. Discussion of Suspended Animation, Inc. (proposed use for zoning
verification) (POSTPONED TO FEBRUARY 1, 2005 A T APPLICANT'S
REQUEST)
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
17