Agenda 04-18-06
The City of
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100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
APRIL 18, 2006
Jerry Taylor
Mayor - At Large
Bob Ensler
Commissioner - District I
DISTRI T I
Mack McCray
Commissioner - District II
Mike Ferguson
Commissioner - District III
Carl McKoy
Vice Mayor - District IV
Kurt Bressner
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
www.boynton-beach.org
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WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBUC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
. Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
. Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item.
City Commission meetings are business meetings and, as such, the Commission retains the right to limit
discussion on an issue.
. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings."
. Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission.
. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded.
.
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the
Commission will be barred from further audience before the Commission by the presiding officer, unless
permission to continue or again address the Commission is granted by the majority vote of the Commission
members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
Holidays/Election Day).
CITY OF BOYNTON BEACH
REGULAR CITY COMMISSION MEETING
AGENDA
April 18, 2006
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Rev. Rick Riccardi, Police Chaplain
C. Pledge of Allegiance to the Flag led by Commissioner Mack McCray
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS:
A. Announcements:
None.
B. Community and Special Events:
1. Oceanfront Concert Series, Friday April 21, 6-9 p.m. at Oceanfront Park
featuring Snakeboy Johnson Band, a Texas style rockin' blues band
C. Presentations:
1. Proclamations:
a. National Arbor Day - April 27, 2006
b. Victims' Rights Week - April 24-28, 2006
2. Presentation by Ted Wright, Commander of VFW Post #5335, of a $1,000
check to support the Little League Fields.
3. Presentation by Recognition Team Chair, Vicki Dornieden, and Co-chair
Maibet Rosado to recognize the 1st quarter D.I.S.C. award winners -
Cathy McDeavitt, Tom Balfe and Eric Falstad.
Agenda
Regular City Commission Meeting
Boynton Beach, FL
April 18, 2006
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.)
V. ADMINISTRATIVE:
A. Accept the resignation of Anita Remer, a regular member of the Arts
Commission.
B. Accept the resignation of James Barretta, a regular member of the Community
Redevelopment Agency Board.
C. Appointments to be made:
Appointment Length of Term
To Be Made Board Expiration Date
II McCray Adv. Bd. On Children & Youth Aft 1 yr term to 4/07
III Ferguson Adv. Bd. On Children & Youth Alt 1 yr term to 4/07
II McCray Adv. Bd. On Children & Youth Reg 2 yr term to 4/08 Tabled (2)
III Ferguson Adv. Bd. On Children & Youth Reg 2 yr term to 4/08 Tabled (2)
II Ensler Adv. Bd. On Children & Youth Stu/Reg/NonVoting 1 yr term to 4/07 Tabled (2)
III Ferguson Arts Commission Alt 1 yr term to 4/07
I Ensler Arts Commission Alt. 1 yr term to 4/07 Tabled (2)
II McCray Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled (2)
III Ferguson Cemetery Board AIt 1 yr term to 4/07
II Ensler Code Compliance Board Alt 1 yr term to 4/07
III Ferguson Code Compliance Board Alt 1 yr term to 4/07 Tabled (2)
IV McKoy Community Relations Board Alt 1 yr term to 4/07 Tabled (3)
II Ferguson Community Relations Board Alt 1 yr term to 4/07 Tabled (2)
II Ensler Education Advisory Board Alt 1 yr term to 4/07
Mayor Taylor Education Advisory Board Reg 2 yr term to 4/08 Tabled (2)
I Ensler Education Advisory Board Reg 2 yr term to 4/08 Tabled (2)
II McCray Education Advisory Board Reg 2 yr term to 4/08 Tabled (2)
III Ferguson Education Advisory Board Reg 2 yr term to 4/08 Tabled (2)
IV McKoy Education Advisory Board Alt 1 yr term to 4/07 Tabled (2)
Mayor Taylor Education Advisory Board Stu 1 yr term to 4/07 Tabled (2)
I Ensler Education Advisory Board Stu 1 yr term to 4/07 Tabled (2)
III Ferguson Library Board Alt 1 yr term to 4/07
II McCray Library Board Alt 1 yr term to 4/07 Tabled (2)
III Ferguson Recreation & Parks Board Alt 1 yr term to 4/07 Tabled (2)
II McCray Senior Advisory Board Alt 1 yr term to 4/07 Tabled (2)
2
Agenda
Regular City Commission Meeting
Boynton Beach, FL
April IS, 2006
Ensler
Employees' Pension Board
Reg
3 yr term to 4/08 Tabled (2)
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. Agenda Preview Conference - March 31, 2006
2. Regular City Commission - April 4, 2006
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2005-2006 Adopted Budget.
1. Award the RFP for the "ANNUAL JULY 4th FIREWORKS DISPLAY" RFP#
029-2710-06/JA to "MELROSE SOUTH PYROTECHNICS, INC." of South
Carolina in the amount of $33,000 to include barge.
2. Approve the piggyback of the Jacksonville Electric Authority (JEA) Bid
#WCS-123-00 with Insituform Technologies, Inc. for two (2) pipeline
rehabilitation projects in the amount of $649,902.50 and $124,312.50
respectively, for a total estimated cost of $774,215.
3. Authorize the Utilities Department to utilize GSA contract #GS24F-0028J
and purchase a Perkin Elmer Mnalyst 800 Atomic Absorption
Spectrophotometer and accessories from Perkin Elmer Inc. The
estimated expenditure is $60,295.77.
4. Approve an amendment to a contract increase with Sports Turf One, Inc
by $27,236 for the continuation of repairs to Field 1 at Little League Park.
This item was previously approved at the February 7, 2006 Commission
meeting in the amount of $95,557.
C. Resolutions:
1. Proposed Resolution No. R06-0S0 RE: Approving and
authorizing execution of an agreement between Boynton Beach Fire
Rescue and the Area Agency on Aging, Palm Beach Treasure Coast, Inc.
to provide the Influenza and Pneumococcal vaccinations for a specific
targeted group of Boynton Beach Senior Citizens.
2. Proposed Resolution No. R06-0S1 RE: Approving and
authorizing execution of a Right-of-Entry agreement with South Florida
Water Management District (SFWMD) for the City's Floridan Aquifer
Monitoring wells.
3
Agenda
Regular City Commission Meeting
Boynton Beach, FL
April 18, 200G
3. Proposed Resolution No. ROG-082 RE: Approving and
authorizing execution of an agreement for Water Service Outside the City
Limits with Cedrick and Katherine Edwards for the property at 1098
Seagrape Rd. Lake Worth, FL (Hypoluxo Ridge Add 2, Lt. 51)
4. Proposed Resolution No. ROG-083 RE: Approving and
authorizing execution of an agreement for Water Service Outside the City
Limits with Marie Shields for the property at 7756 Griswold St., Lake
Worth, FL (Tropical Terrace L T 75)
5. Proposed Resolution No. R06-084 RE: Approving and
authorizing execution of an agreement for Water Service Outside the City
Limits with Faude & Louise Joseph for the property at 1096 Brown Rd.
Lake Worth, FL (Hypoluxo Ridge Add 1 Lt 6).
6. Proposed Resolution No. ROG-08S RE: Amending
Resolution R04-171 by adding Bobby Jenkins, Jr., Assistant Director of
Financial Services, to the list of designated individuals authorized as
signatories for all City accounts at the Bank of America.
7. Proposed Resolution No. ROG-086 RE: Adopting and
executing the Recreation and Parks Strategic Plan.
8. Proposed Resolution No. R06-087 RE: Approving and
authorizing revisions to the Classification and Compensation Study
conducted by MGT of America and to approve the revised City of Boynton
Beach Job Title listing. The changes are a result of the additional
research conducted by MGT of America following the appeals submitted
by City employees.
D. Approve the sale of "SURPLUS" Golf Carts in exchange for one set of Toro
Verticut Reels with Patten Turf of Lake Worth, FL as submitted by the Golf
Course.
E. Approve the "GULFSTREAM GARDENS" Record Plat, conditioned on the approval
being the certification of the plat documents by H. David Kelley, Jr. (City
Engineer and Surveyor and Mapper).
F. Authorize the Water Utilities department to purchase four (4) meters; two (2) on
raw water lines & two (2) on finished water lines from Avanti Company of Avon
Park, FL. The estimated expenditure is $38,287.50.
G. Accept the written report to Commission of purchases over $10,000 for the
month of March 2006.
4
Agenda
Regular City Commission Meeting
Boynton Beach, FL
April 18, 2006
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
None.
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
THE CITY COMMISSION WILL CONDUCT THESE PUBLIC HEARINGS IN ITS DUAL CAPACITY AS LOCAL
PLANNING AGENCY AND CITY COMMISSION
A.
Project:
Agent:
Owner:
Location:
Description:
B.
Project:
Agent:
Owner:
Location:
Description:
Lawrence Road Project (ANEX 06-003)
Brian Terry, Land Design South
Vermac Properties 6, LLC
Northeast corner of Lawrence Road and 71st Avenue South,
approximately 350 feet south of Hypoluxo Road
Request to annex the subject property. (1st Reading Proposed
Ordinance No. 06-033)
Lawrence Road Project (LUAR 06-004)
Brian Terry, Land Design South
Vermac Properties 6, LLC
Northeast corner of Lawrence Road and 71 st Avenue South,
approximately 350 feet south of Hypoluxo Road
Request to amend the Comprehensive Plan Future Land Use Map from
MR-5 (Palm Beach County) to Medium Density Residential (MEDR); (1st
Reading Proposed Ordinance No. 06-034)
Request to rezone from Agricultural Residential (AR, Palm Beach County)
to Planned Unit Development (PUD).(1st Reading of Proposed
Ordinance No. 06-035)
Proposed Use: 90 Multi-family residential units.
1. Lawrence Road Project (NWSP 06-006) Request New Site Plan approval to
construct 90 fee-simple townhouse units on a 9.35 acre parcel in the Planned
Unit Development (PUD) zoning district.
c.
Project:
Agent:
Owner:
Location:
Description:
Quantum Park & Village South Commercial (COUS 06-003)
Eugene Gerlica
Quantum Park & Village, LLC
Southwest corner of Gateway Blvd and High Ridge Road
Request for a conditional use/major technical site plan modification
approval to construct a total of 129 dwelling units, distributed amongst a
five story condominium building (at approximately 65 feet in height),
three mixed use buildings and a two story apartment building. The
project also proposes 18,768 square feet of office, 23,262 square feet of
retail, and 39,722 square feet of restaurant on a 14.265 acre parcel on a
Mixed Use (MU) pod in the Planned Industrial Development (PID) zoning
district.
5
Agenda
Regular City Commission Meeting
Boynton Beach, FL
April 18, 2006
1. Quantum Park & Village South (MPMD 06-001) request for a Master Site
Plan Modification approval to construct an additional 129 dwelling units (for total
of 363 dwelling units), 18,768 square feet of office, 23,262 square feet of retail,
and 39,722 square feet of restaurant on a 26.17 acre parcel on a Mixed Use
(MU) pod in the Planned Industrial Development (PID) zoning district.
D.
Project:
Agent:
Owner:
Location:
Description:
E.
Project:
Agent:
Owner:
Location:
Description:
912 NW 13th Avenue (Hatcher) (ZNCV 06-004)
William Hatcher
York Builder, Inc.
912 NW 13th Avenue
Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 5.C.2, requiring a minimum lot
frontage of 60 feet to allow a frontage of 50 feet, a variance of 10 feet
within the R-1-AA single-family residential zoning district.
1370 SW 26th Avenue (Kervern) (ZNCV 06-005)
Scott and Stephanie Kervern
Scott and Stephanie Kervern
1370 SW 26th Avenue
Request relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations,
E., requiring minimum rear setback of 8 feet from the property line for
the construction of a pool to allow a rear setback of one foot, a variance
of 7 feet within the R-1-AA zoning district.
F. Commerce Bank @ Winchester Shops (NWSP 06-005) Request for New Site Plan
approval to construct a 4,222 square foot bank and 13,700 square feet of retail space in
a C-3 zoning district.
G. Neptune Commerce Center (SPTE 06-003) Request for a one year time extension
for a new site plan approval granted on March 1, 2005, from March 1, 2006 to March 1,
2007.
IX. CITY MANAGER'S REPORT:
A. Future location options for City Hall
B. Modification to Neighborhood Grants Program to Provide Funding for Permanent
Installed Generators for Clubhouses.
X. FUTURE AGENDA ITEMS:
A. Discussion of Community Redevelopment Agency Board - May 2, 2006
B. Requirement for underground utility lines for all new development - May 2, 2006
C. Possible consolidation of the Education Advisory Board and the Advisory Board
on Children and Youth - May 16, 2006
6
Agenda
Regular City Commission Meeting
Boynton Beach, FL
April 18, 2006
D. Increasing Community Investment Funds - May 2006
E. Cellular 911 Dispatch - May 2006
F. Utility Service Area Analysis - June 2006
G. Review of Recreation & Park Fees - June 2006
H. Stand-by Power Requirements for gasoline stations - June 2006
XI. NEW BUSINESS:
A. State of City Address protocol and comments.
B. Discussion of letter from Compson Associates dated April 10, 2006.
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 06-029 RE: Approving de-
annexing from the City of Boynton Beach, a parcel of land located at
2200 Lake Drive, which is not contiguous to the City.
2. Proposed Ordinance No. 06-030 RE: Annexing
1.341 acres of land that is contiguous to the City Limits constituting a
reasonably compact addition to the City boundaries. (Tuscan Villas)
3. Proposed Ordinance No. 06-031 RE: Amending the
Future Land Use Element of the Comprehensive Plan for a parcel owned
by Tuscan Villas, from Palm Beach County Commercial High, with an
underlying Medium Residential 5 units per acre (CHIS) to Special High
Density Residential (SHDR). (Tuscan Villas)
4. Proposed Ordinance No. 06-032 RE: Amending
Ordinance 02-013 to rezone a parcel of land located on the east side of
Federal Highway approximately 1,100 feet north of Gulfstream Blvd. from
Palm Beach County Commercial General (CG) to Infill Planned Unit
Development (IPUD). (Tuscan Villas)
a. Tuscan Villas (aka The Villas at Boynton Beach) (NWSP
06-002) Request new site plan approval to construct 22
townhouse style condominium units and related site
improvements on 1.407 acres in the Infill Planned Unit
Development (IPUD) zoning district. (Tabled to 4/18/06)
7
Agenda
Regular City Commission Meeting
Boynton Beach, FL
April 18, 2006
B. Ordinance - 1st Reading
1. Proposed Ordinance No. 06-036 RE: Repealing
Article III, of Chapter 18 of the Boynton Beach Code of Ordinances,
entitled "Pensions for Police Officers," and adopting a new Article III in
replacement, thereof to be entitled "Municipal Police Officers' Retirement
Trust Fund".
2. Proposed Ordinance No. 06-037 RE: Amending
Section 18-181 of the Boynton Beach Code of Ordinances to expand the
Firefighter Pension Board's investment authority by raising the cap on
equity holdings, and amending Section 181.1 to permit investment in
foreign securities, as permitted by state law.
C. Resolutions:
None
D. Other:
None
XIII. UNFINISHED BUSINESS:
A. Reconsideration of Resolution No. 06-057 declaring the public necessity of
acquiring the commercial condominium units designated as suites 101, 102, 104
and 209 within the First Financial Plaza for the purpose of acquiring fee simple,
required for the elimination of blight and slum and future construction of
improvements to the City's original Redevelopment area and for vehicular and
pedestrian access and publiC parking within the City of Boynton Beach, F'L.
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DEOSION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTIOPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWEN1Y-FOUR HOURS PRIOR TO THE PROGRAM OR ACTlVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
Agenda
S:\CC\ WP\CCAGENDA \AGENDAS\ Year 2006\041806.doc
8
III.-ANNOUNCEMENTS & PRESENTATIONS
Item B.l.
Pyle, Judith
From: Segal, Wayne
Sent: Friday, April 07, 2006 9:04 AM
To: Pyle, Judith
Subject: Oceanfront Concert
Oceanfront Concert Series. Friday, April 21, 6-9 p.m., at Oceanfront Park. Features Snakeboy Johnson Band.
Texas style rockin' blues. FREE.
Thanks!
Wayne M. Segal
Public Affairs Director
City of Boynton Beach
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425
(561) 742-6025
Florida's Future - It Starts in Parks
1000 new residents a day. With that kind of relentless population growth, people need a place to connect and
form new friendships, to learn about our natural treasures - a place to become Floridians. Our parks and
recreation centers are where it all comes together - building a sense of community and respect for nature. How
do we weave strangers into citizens? It starts in parks!
417/2006
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III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.l.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 4, 2006 March 20, 2006 (Noon,) 0 June 6, 2006 May 15,2006 (Noon)
~ April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) 0 July] 8, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NA TURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement ~ Presentation
0 City Manager's Report
RECOMMENDA nON: Present Proclamation
EXPLANA nON: The idea for Arbor Day originally came from Nebraska. On January 4, 1872, J. Sterling Morton first
proposed a tree-planting holiday to be called "Arbor Day" at a meeting of the State Board of Agriculture. The date was set
for April 10, 1872. Prizes were offered to counties and individuals for planting properly the largest number of trees on that
day. It was estimated that more than one million trees were planted in Nebraska on the first Arbor Day. During the I 870s,
other states passed legislation to observe Arbor Day, and the tradition began in schools nationwide in 1882. National Arbor
Day is celebrated on the last Friday in April.
PROGRAM IMPACT: Proclamation will heighten public awareness of the importance of planting and maintain trees.
FISCAL IMPACT: None
Cu'~A/-> ~ ~'7~
. Departm nt Hea Stgnature
~,
AL TERNA nVES: Not present Proclamation
Public Affairs
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special
day be set aside for the planting of trees; and
WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million
trees in Nebraska; and
WHEREAS, Arbor Day is now observed throughout the nation and the world; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and
cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife; and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires
and countless other wood products; and
WHEREAS, trees in our City increase property values, enhance the economic vitality of business
areas, and beautify our community; and
WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal.
NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of
Boynton Beach, Florida, hereby proclaim April 27, 2006 as:
ARBOR DA Y
in the City of Boynton Beach, and I urge all citizens to support efforts to protect our trees and woodlands and
to support our City's urban forestry program; and
FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well-being of
present and future generations.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton
Beach, Florida to be affixed this 18th day of April in the Year 2005.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
S:ICCIWPICCAGENDAIProclamationsIYear 2004lArbor Day - 2004.doc
Pyle, Judith
-.Qm:
,1t:
10:
Subject:
Hall, Glenda
Tuesday, March 21, 2006 2:56 PM
Pyle, Judith
RE: National Arbor Day
Judy
I am working to make sure we can do the Arbor Day Celebration on Friday the 28th or if I
need to coordinate it for another day. I should know hopefully by the end of this week.
Glenda
-----Original Message-----
From: Pyle, Judith
Sent: Tuesday, March 21, 2006 1:31 PM
To: Hall, Glenda; Robertson, Vicki; Rivers, Jody; Segal, Wayne
Subject: National Arbor Day
Okay, I finally was able to find and open the attachment and it shows National Arbor Day
as the last Friday of April being the 28th. Since this is after the second meeting in
April I will put it on the April 18th agenda unless there is a reason for having it
earlier.
Let me know if you all agree.
Judith A. Pyle
Deputy City Clerk
City of Boynton Beach
561-742-6062
1
Page 1 of 1
Pyle, Judith
From: Hall, Glenda
Sent: Tuesday, March 21, 20067:53 AM
To: Robertson, Vicki; Pyle, Judith
Cc: Rivers, Jody
Subject: RE: National Arbor Day
Judy
Yes, we want the recurring proclamation to continue. I will need a signed copy of it for submitting it for Tree City
USA.
Thanks Glenda
From: Robertson, Vicki
Sent: Monday, March 20, 20064:35 PM
To: Pyle, Judith
Cc: Hall, Glenda; Rivers, Jody
Subject: FW: National Arbor Day
JUDY - Attached is the Arbor Day info. Public Works/Forestry & Grounds is responsible for
Arbor Day. The contact is Glenda Hall X:6228.
GJ,.J;NDA - The City Clerks Office has Arbor Day on their reoccurring proclamations list.
Please let them know if you want to include on the agenda again this year and in the future.
It Starts In Parks,
Vicki
A sense of COMMUNITY.. Good HEALTH...
CONSER V A TION of our natural treasures...
Respect for NATURE...
ECONOMIC DEVELOPMENT...
Florida's FUTURE...
ACIIIEVEMENT...
Ties to our HERIT AGE...
Want to know more? <di(~bfrQ
41712006
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
III.-ANNOUNCEMENTS &. PRESENTATIONS
Item C.l.b
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
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
[8J April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 June 19, 2006 (Noon)
0 May J 6, 2006 May 1,2006 (Noon) 0 July J 8, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NA TURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfmished Business
0 Announcement [8J Presentation
0 City Manager's Report
RECOMMENDA TION: Present Proclamation
EXPLANATION: The Office for Victims of Crime (OVe) was established by the 1984 Victims of Crime Act (VOCA) to
oversee diverse programs that benefit victims of crime. OVC provides substantial funding to state victim assistance and
compensation programs-the lifeline services that help victims to heal. The agency supports trainings designed to educate
criminal justice and allied professionals regarding the rights and needs of crime victims. OVC also sponsors an annual event
in April to commemorate National Crime Victims Rights Week (NCVRW). OVC is one of five bureaus and four offices with
grant-making authority within the Office of Justice Programs, U.S. Department of Justice.
PROGRAM IMPACT: This presentation will heighten public awareness of the OVC and its services to victims of crime.
FISCAL IMPACT: None
ALTERNATIVES: Not present Proclamation.
Cc~,.J, ~~~,
Dep nt He s Signature
~~"
Public Affairs
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
PROCLAMA TION
WHEREAS, National Crime Victims' Rights Week is celebrated in April each
year to educate citizens and commemorate those survivors and victims of
crimes; and
WHEREAS, this is truly a landmark year for crime victims and survivors and
those who serve them. The theme of this 26th Year Commemoration is
"Victims' Rights: Strength in Unity". This is a simple yet powerful message
which focuses attention on victims' needs for justice and for services to help
them cope in the aftermath of crime.
WHEREAS, local activities include: Monday April 24th the Opening Ceremony
at the West Palm Beach Police Department and a round table discussion on
Sexual Violence Against People with Disabilities hosted by the Center for
Independent Living Options; Tuesday, April 25th includes the annual
Candlelight Vigil to be held at the Chapel by the Lake in West Palm Beach;
Wednesday, April 26th, AVDA and the YWCA will present a "Stepping Out
Against Violence" performance at City Place, in West Palm Beach'; Thursday,
April 27th includes a Crime Awareness and Prevention Fair and a Multi-Media
Art Writing exhibit; the closing ceremony is the 26th Annual Awards Luncheon
to be held Friday, April 28th at the President Country Club in West Palm
Beach.
NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as
Mayor of the City of Boynton Beach, Florida, hereby proclaim April 24-28,
2006, as:
VICTIMS' RIGHTS WEEK
and urge all citizens to recognize that the most important voice in the fight
against crime is that of the victim.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of
the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida,
the 18th day of April, Two Thousand Six.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
Pyle, Judith
i/!J
III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.2
From: Costello, Joyce
Sent: Wednesday, March 01,20061:52 PM
To: Pyle, Judith; Segal, Wayne
Cc: Prainito, Janet
Subject: FW: Little League Donation.
Judy - Please put on 3/21 Commission Agenda.
Wayne _ Please prepare a short press release and take pictures at Commission Meeting.
Thank you
Joyce
-----Original Message-----
From: Bressner, Kurt
Sent: Wednesday, March 01, 2006 11:23 AM
To: Costello, Joyce
Cc: 'Jerry Taylor'
Subject: FW: Little League Donation.
Please coordinate with the City Clerk's Office for the meeting of 3/21. Wayne needs to be informed to prepare a
short press release and photo op. Kurt
From: Jeny Taylor [mailto:Jtaylor@co.palm-beach.f1.us]
Sent: Wednesday, March 01,2006 11:01 AM
To: Bressner, Kurt
Subject: Little League Donation.
Goodmorning Kurt. Ted Wright, commander of VFW Post #5335 in Boynton wants to present a check to the city
in support of Little League Fields. His phone # is 582-1713. He would like to present it at a city commission
meeting so the VFW could get a little publicity.
311/2006
t1("' y? ~
\
F,
'u'
""
-:"~ON ;;.v"
III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.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 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15,2006 (Noon)
I:8l April 18, 2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon)
D May 2,2006 April 17, 2006 (Noon) D July 5, 2006 June 19,2006 (Noon)
D May 16, 2006 May 1,2006 (Noon) D July 18, 2006 July 3, 2006 (Noon)
D Administrative D Development Plans
NATURE OF 0 Consent Agenda D New Business ':")
-.--
AGENDA ITEM D Public Hearing 0 Legal -"~-<
0 Bids D UnfInished Business .~ --'t
.--....1 __"-..r'
D Announcement I:8l Presentation . " ,--~
?
.
0 City Manager's Report _..- ~
.;:-=~
....-.s
RECOMMENDATION: ,_ ;~ (::1
Presentation to be made by Recognition Team Chair, Vicki Dornieden, and Recognition Team co-Chair, Maibet Rosaao fdl. 0
the purpose of recognizing the 1st quarter (January, February & March) DJ.S.C. award winners - Cathy McDeavitt, Tom ~
Balfe, and Eric Falstad.
EXPLANATION:
This presentation will fulfIll the Recognition Team's vision, "No contribution goes unrecognized" and the team's mission "To
foster and maintain an enviromnent where city employees are recognized and valued."
PROGRAM IMPACT:
Promoting the City's core values and recognizing outstanding employee performance.
FISCAL IMPACT:
The award winners each received a $50 American Express gift card. This is funded through our Public Affairs account 001-
1212-519-48-01.
ALTERNATIVES:
'~Q---
~~,
\j \c-1;b' l~ 0n f"'\ < c~.. "'-
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Pyle, Judith
V. ADMINISTRATIVE
ITEM A.
'=rom:
nt:
.0:
Cc:
Subject:
Dennison, Arleen
Thursday, March 30,20061 :35 PM
Debby Coles-Dobay (debby@coles-dobay.com); Hawkins, Wilfred
Pyle, Judith
FW: Resignation
A second opening. . .
Also, Debby, please call Wendy at Urban Design 561-366-1100 about their project.
Thanks,
Arleen
-----Original Message-----
From: aremer@bellsouth.net [mailto:aremer@bellsouth.net]
Sent: Tuesday, March 28, 2006 5:47 PM
To: Dennison, Arleen
Subject: Resignation
Dear Arlene-----Due to my other interests and obligations I find it difficult to
attend meetings on Tuesday nights, so I am resigning from the Arts Commision as of March
28,2006. I enjoyed meeting and working with you all and wish you success with bringing
Art to Public Places. anita remer
1
APR-12-2008CtE[)) 09:2e BARRETTA & ASSOCIATES
James T. Barretta
Aprll12~ 2006
HcndctSO!1l'i11man. Chair
Boynton BCach CRA
63.9 Eut Ocean Avem:ac
Suite 103
Boy.aton Beach. PIonda. 33435
Dear Chairman TillmU2,
Pleese accept fbis letter' u my 0. of resignation.
CC: Lisa Bright, CRA Bxccadvo Director
Ken Sp111iu, OA Attcr.ney
209 North SUer. Bou1tvard. SWIe OJ:le
Boym= 8cach.l1atidl3343,
PhoAo: ('56%) 74CJ..0042
"'../ I UI I;
(FA}05 V. ADMINISTRATIVE
ITEM B.
q~
q~.
I),T;~
~- r .' f-/s-cJ~
RErEIVED
lPR_ 1 H~
I
I
!
I
CITY' t<.!l II o,i ,! r'~Rrr"\ O....F'0E
' ln f. U ',d' '"' ~., '\ I ~. 'I' J L I
J -. ~,r " ',' "\".' ~_( \ \..... . _ . \.r...=J
---~--.....----
V. ADMINISTRATIVE
ITEM C.
APPLICANTS ELIGIBLE FOR APPOINTMENT 04/18/06
LAST NAME FIRST NAME 1 st CHOICE
2" CHOICE
3rd CHOICE
APPLICATION
SUBMITTED
9/30/05
,~odriguez Jose Community Redev.
A en
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM B.1
Requested City Commission Date Fina] 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 4, 2006 Mareh 20, 2006 (Noon.) 0 June 6, 2006 May 15, 2006 (Noon)
[8J Apri] ] 8, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April ]7,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May], 2006 (Noon) 0 July 18, 2006 Ju]y 3, 2006 (Noon)
0 Administrative D Development Plans
.'
[8J D ...-~-
NATURE OF Consent Agenda New Business --...
",
--~
AGENDA ITEM D Public Hearing D Legal --
".
0 Bids 0 Unfmished Business - ~-)
r.~ ~. C-..~j
l -;
D Announcement D Presentation .-
0 City Manager's Report
RECOMMENDATION: Motion to award the RFP for the "ANNUAL JULY 4TH FIREWORKS DISPLAY" RFP#~) ,~_-,
029-2710-06/JA to "MELROSE SOUTH PYROTECHNICS, INC. of South Carolina in the amount of $ 33,000.00, 'th(;2
price is to include barge.
EXPLANATION: On February 28, 2006, the Procurement Services Dept. received and opened two (2) proposals for
the above mentioned RFP. It is recommended to "MELROSE SOUTH PYROTECHNICS, INC.", of South Carolina.
They were the lowest, most responsive, responsible bidder who met all of the specifications. It has been evaluated by
Wayne Segal, Director of Public Affairs, who concurs with this recommendation.
PROGRAM IMPACT: The purpose of this RFP was to seek a qualified operator to furnish the fireworks display on
July 4, 2006 at the Intracoastal Park.
FISCAL IMPACT:
Account Description:
Special Events
Account Number:
001-1213-519-48-24
Procurement ServicesIFinance Department
Budeet:
$35,000.00
~,r.~-u>
AssIstant to the Finance Director
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
City of Boynton Beach
Memo
To: Bill Mummert, Finance Director
From: Wayne M. Segal, Public Affairs Director Wnz~
Date: March 27,2006
Re: Recommendation for award of RFP #029-2710-06/JA
After reviewing the two (2) proposals and references submitted for Bid #029-2710-06/JA, "THE
ANNUAL JULY 4TH FIREWORKS DISPLAY," it has been determined that the lowest, most responsible,
responsive bidder is Melrose South Pyrotechnics, Inc. of South Carolina at $33,000.00 to include
barge. The company produced last year's fireworks display. Their display was found to be satisfactory.
The account number for this is 001-1213-519-48-24 Special Events Project SE0605. Please process
for the April 18, 2006, Commission agenda.
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PROPOSER ACKNOWLEDGEMENT
Submit Proposals To: PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6322
Broadcast Date (City): March 06, 2006
RFP Title: "RE-PROPOSAL FOR ANNUAL JULY 4TH FIREWORKS
DISPLAY"
RFP Number: 029-2710-06/JA
RFP Received By: March 23, 2006, NO LATER THAN 2:30 P.M. (LOCAL TIME)
RFP's will be opened in Procurement Services unless specified otherwise. RFP receiving date
and time is scheduled for March 23, 2006, no later than 2:30 P.M. (local time) and may not be
withdrawn within ninety (90) days after such date and time.
All awards made as a result of this RFP shall conform to applicable sections of the charter and
codes of the City.
Name of Vendor:
Melrose South Pvrotechnics. Inc.
Federal LD. Number:
57-0986890
A Corporation of the State of:
South Carolina
Area Code: 800
Telephone Number: 771-7976
Area Code: 800
FAX Number: 775-7976
Mailing Address:
4652 Catawba River Road,
City/State/Zip:
Catawba, SC 29704
Vendor Mailing Date:
3/21/06
W~gnallrre
Jeff Matthews
Name Typed
16
TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
CITY OF BOYNTON BEACH
RE-PROPOSAL FOR
ANNUAL JULY 4TH FIREWORKS DISPLAY
To All Proposals:
Date March 21, 2006
The undersigned declares that he has carefully examined the specifications and is thoroughly
familiar with its provisions and with the quality, type and grade of service called for.
The undersigned proposes to deliver the product/service in accordance with the specifications for:
OPENING SEGMENT:
Shell Size Quantity Describe Basic Effects Presented Amount of Time
H" 405 Red, White & Blue Mines
Fan Fired 30 Seconds
3" 60 Red, White & Blue Comets,
Salutes
5" 9 Red & Blue Dahlias, Strobes
Silver
8" 1 Gold Kamuro wI Tail
Total: 30 Seconds
MAIN BODY SEGMENT:
Shell Size Quantity Describe Basic Effects Presented Amount of Time
3" 350 See Attached Proposal Sheets
4" 300 " " " "
5" 100 " " " "
6" 80 " " " "
8" 10 " " " "
Total: 18 minutes
Rev. 05/30/03
17
TIDS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL
PROPOSAL continued...
GRAND FINAIJE SEGMENT:
Shell Size Quantity Describe Basic Effects Presented Amount of Time
3" If 00 See Attached Proposal Sheets
5" 35 See Attached Proposal Sheets
6" 18 See Attached Proposal Sheets
8" 4 See Attached Proposal Sheets
Total: 1min 30sec
TOTAL SUM FOR DISPLAY:
$ 33,000.00
List of Music (songs) submitted?
x
Yes
No
VHS Video or Pictures submitted?
5% Bid Bond Submitted
X
Yes
x
Yes
No
No
Number of proposals submitted:
1
One Original and (2) two copies
Submitted:
Yes
Yes/No
Statement of Proposer's Qualifications
Submitted:
Yes
Yes/No
COMPANY NAME
~~
ATURE
Melrose South Pyrotechnics, Inc.
Jeff Matthews
PRINTED NAME
( 800 ) 771-7976
TELEPHONE NUMBER
March 21, 2006
TITLE
THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL
STATEMENT OF PROPOSER'S QUALIFICATIONS
Each Proposer proposing on work included in these General Documents shall prepare and submit
the data requested in the following schedule of information.
This data must be included in and made part of each bid document. Failure to comply with this
instruction may be regarded as justification for rejecting the proposal.
* attach additional sheets giving the information
1.
Name of Proposer:
Melrose South Pyrotechnics, Inc.
2.
Business Address:
4652 Catawba River Road
PO Box 209
Catawba, SC 29704
3.
When Organized:
November 1993
4.
Where Incorporated:
South Carolina
5. How many years have you been engaged in business under the present firm name?
13 years
6. General character of work performed by your company.
Fireworks Display Company
7. Enclose evidence of possession of required licenses and/or business permits.
8.
Number of employees.
12
9. Background and experience of principal members of your personnel, including officers. *
10.
Bonding capacity.
N/A
11. Have you ever defaulted on a contract? If so, where and why? * No
12. Experience in performance of work similar in importance to this project.
Rev. 05/30/03 19
TillS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL
".,.>,.u_..~~",",""",,,,,",,,..,.....,,~,,,,;,,,,,,,,,,,,,,,_~",. ""~~~. """"'- ",*"~""~",..."..,",,,.,,... ....,
PROPOSERS QUALIFICAITONS CONTINUED...
Proiect
$ Value
Contact Name
Phone #
Pensacola Sertomas
$45,,000.00*
Katherine Wilborne
850-476-0042
Gwinnett Glows
$55,,000.00
Debbie Adam
770-822-7101
Celebrate America
Tallahassee
$20,,000.00
Billy Holder
850-510-9678
Ft. Walton Beach
$20,,000.00* Helen Spencer
*Not including Barge cost
850-243-3141
1. Contracts on hand. *
2. Largest completed projects (include final cost).
1) Taste of ChicaKo" July 3rd" $75,,000.00
2) WXRT Sky Show" Chicago $75,,000.00
3) Families First" Tampa $75,,000.00
15. List all lawsuits (related to similar projects) or arbitrations to which you have been a party
and which: *
1) arose from performance: *
2) occurred within the last 4 years: *
3) provide case number and style: *
Dated at: 11: OOam
this 21stdayof March
2006
By: ~~~
Name: Jeff Matthews
(printed or typed)
Title: Event Producer
Rev. 05/30/03 20
TillS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL
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NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER
State of South Carolina
)
County of York
)
Jeff Matthews
, being first duly sworn, deposes and says that:
I) He is Event Producer ofKelrose S. Pyrotechnics, Inc., the proposer
(Title) (Name of Corporation or Firm)
that has submitted the attached proposal:
2) He is fully informed respecting the preparation and contents of the attached proposal and of
all pertinent circumstances respecting such proposal;
3) Said proposal is genuine and is not a collusive or sham proposal;
4) Further, the said proposer nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other proposer, firm or person to submit a
collusive or sham proposal in connection with the Contract for which the attached proposal
has been submitted or to refrain from proposing in connection with such Contract, or has in
any manner, directly or indirectly, sought by agreement or collusion or communications or
conference with any other proposer, :firm or person to fix the price or prices in the attached
proposal or of any other proposer, or to fix any overhead, profit or cost element of the
proposal price or the proposal price of any other proposer, or to secure through any collusion,
conspiracy, connivance or unlawful agreement any advantage against the
Citv of Boynton Beach (Local Public Agency) or any person interested in the
proposed Contract; and
5) The price or prices quoted in the attached proposal are fair and proper and are not tainted by
any collusion, conspiracy, connivance or unlawful agreement on the part of the proposer or
any of its agents, representatives, owners, employees, or parties in interest, including this
affiant. dh /1/
(Signed) Z~./~
(Title) Event Producer
c~
cribed and sworn to before me
This 21st day of March 20 06
- My' COmmissIon EXpwes-
My commission expires Soptember 24. 2009
22
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
ANTI-KICKBACK AFFIDAVIT
STATE OF .iiftR.~~ South Carolina )
:SS
COUNTY OF )~:JBIlm York )
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein proposed
will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward
of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation.
By: ~~~
NAME - SIGNATURE
Sworn and subscribed before me
this 21st day of March
,20 06
Printed Information:
Jeff Matthews
NAME
Event Producer
TITLE
~\).c~
.'. AR UBLIC, State ofl'tQojt'~
at Large !I..... l"'A~""mission Expires
,;;,'/ vv'"
~':'\1otember 24, 2009
'_'-. c-. .
South Carolina
Melrose South Pyrotechnics, Inc.
COMPANY
"OFFICIAL NOTARY SEAL" STAMP
23
TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
COKFIRMATION OF MINORITY OWNED BUSINESS
A requested form to be made a part of our files for future use and information. Please fill out and
indicate in the appropriate spaces provided which category best describes your company. Return
this form with your proposal sheet making it an official part of your RFP response.
() AMERlCAN INDIAN
() ASIAN
() BLACK
() msp ANIC
() WOMEN
() OTHER
(specify)
Do you possess a Certification qualifying your business as a "Minority Owned Business"?
YES
NO
xx
If YES, name the Organization from which this certification was obtained and date:
Issuing Organization for Certification
Date of Certification
24
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
CONFIRMATION OF DRUG-FREE WORKPLACE
IDENTICAL TIE PROPOSALS
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more proposals which are equal with respect to price, quality, and service are received by the
City of Boynton Beach or by any political subdivision for the procurement of commodities or
contractual services, a proposal received from a business that certifies that it has implemented a
drug-free workplace program shall be given preference in the award process. Established
procedures for processing tie proposals will be followed if none of the tied vendors have a drug-
free workplace program. In order to have a drug-free workplace program, a business shall:
I) Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are
under proposal a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employee that, as a condition of
working on the commodities or contractual services that are under proposal, the employee
will abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than five (5) days after such conviction.
5) hnpose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by, any employee
who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
~ -;7~r
Vendor's Signature
25
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Son rit!e
Sound The Bells
Armed Fcrces Medle
America The Beautiful
Comin to America
God Bless the USA
An American S' m hon
What a Wonderful World
Grand old Fla
1812 Overture
20 minutes 2006
Soundtrack 1
/;)tTd;t"
$f. ;h.q;Duration
20:00
The City of Boynton Beach
July 4th Fireworks Display
Proposal Synopsis
The proposal Melrose South Pyrotechni
Beach is for a computer choreograph
production options section of this b: .
necessary materials, barge and t tal, 'jh<no
deductible to the city, expert te~;lcians~; "..<', ld< ,.,' pyrot~~/M cs,includ.' our
own POWERBALLTM branddi$play sA~lls, m~de~c usively for Melrose.
The display will be perfectly synchronized to a custom soundtrack produced in our own
digital recording studio.lncludedlti this pr I pac . s a 20 minute CD for your
review. All custom CI)iequestS:tnust be r d May 1 $t:in'order to allow for
necessary production time. The entire disp y will using state of the art electronic
and computer equipJ1lent, acking systems. oaded from the
computer script, each ra 11 be coered wit individual plastic mortar
caps to protect against .' ent ". er d .
onstra the creative ability
, this typ . production. As a
fbetw 200' to 1300'. I have
ge- fired, . lays.
A DVD inclug<~d
of Melrose design
matter of refere, ,
also included
After reviewing our p
level" spec ects
products vi equal
value;
(155) 3", (98) 4", ((i2) 5", (40)
against using the alternative "low
sal, the trade out value of those
ditions, or a combination of equal
(18)
Reference
Large Scale:I"~ws
"iF'>" "",;:7'>, .
Celebrate Tanahass~e
Contact:. Billy Holder
Telephc):rte: (850) , O~9678
P.O. Bo 13
lahasse ' 323
s
'" .'.:..:...':".....':'.'. "">""'.." :'.:,' ":'," "'.
a's Fourth of July Celebration
" Contact: Katherine Wilborn
Telephone: (850) 467-0042
: ~~! 6012 Tippin. Avenue'
'Pensacola, FL 32504
. fFort W ton Beach,
act: H . pence{""
hone: (8 ) 243-3141
P .0. Box 4009
Walton Beach, FL 32549
Gwinnett OIows
Contact: DebbieAdam
Telephone: (770) 822-7101
',. 75 Lan rive
Lawrencevi A 30245
, Stone Mountain Park
Contact: Gerald Rakestraw
Telep (770) 4 600
Box 77
tain, G
* Show budgetsrimge from$~O,OOO to $55~OOO.
4652 CATAWBA RIVER ROAD POST OFFICE BOX 209
CATAWBA. SC 29704
ATLANTA
CHARLOTTE
MINNEAPOLIS
MILWAUKEE
MELROSE PYROTECHNICS. INC.
T 803.789.5733 800.771.7976
F 803.789.6440 800.775.7976
Name: Tom Thompson
Title: Vice President of Operations
Tom Thompson has been asso
assisting with the manufactur(.
Currently, Tom's respons~b,ilities .
Carolina office. His respCJnsibili
policies to maintain complian
Alcohol, Tobacco anijJUre
displaying of 1.3G Aerial ~
His responsibilities als
the research ang~pec'
Tom has over nin
execution of ove
CHICAGO
4652 CATAWBA RIVER ROAD POST OFFICE BOX 209
C.';TA.WGA, SC 29704
MELROSE PYROTECHNICS, INC.
T 803.789.5733 800.771.7976
F 803.789.6440 800.775.7976
Name: Jeff Matthews
Title: Event Producer
Jeff Matthews has bee
Pyrotechnics, Inc. sinc
since March 1, 1990.
Jeff has participated in t
fifteen years. His pri
general display desi
officials, teclwipi
''':''>\' ~ ,~_.
CHICAGO
ATLANTA
CHARLOTTE
MINNEAPOLIS
'LOU!5YILLE
MILWAUKEE,
of .jfj
~tatt [- .......1 or'b
--- - "':-- c--: t a
- - ..
- ' -
., ~---.,
. . -"." -
irpartmrnt of t;tatr
I certify from the records of this office that MELROSE SOUTH PYROTECHNICS,
INC. is a South Carolina corporation authorized to transact business in the State
of Florida, qualified on June 28, 1994.
The document number of this corporation is F94000003409.
I further certify that said corporation has paid all fees due this office through
December 31, 2005, that its most recent annual report/uniform business report
was filed on February 2, 2005, and its status is active.
I further certify that said corporation has not filed a Certificate of Withdrawal.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capitol, this the
Second day of February, 2005
CR2E022 (2-03)
~~f.~
&Jlenoa l!i- ~ooo
~ccrdar1l of~tatc
DE P.:\OH;iE,\jT DF THE TPEASUpv - 8UREAU OF ALCOHOL, TOBACCO AND FiREARMS
LICENSE/PERMIT (18 U.S.C. CHAPTER 40, EXPLOSIVES)
In accerdance with the provisions of Title XL Orga":ized Crime Control Aet of 1970, and the regulations issued thereunder (27
CFR Pert 55), you may engage in the activity specified in this license/permit within the limitations of Chapter 40, Tille 18, United
States Code and the regulations issued thereunder, until the expiration date shown. See "WARNING" and "NOTICES" on back.
DIRECT A TF
CORRESPONDENCE
TO
1-SC-091-26-7M-0007
NAME
MELROSE
TYPE OF
UCENSE OR
PERMIT
The licensee/permittee named herein shall
license/permit to assist a transferer of
and status of the licensee/permittee as provided in
The signature on each reproduction must be an
A TF F 5400.14/5400.15, Part 1 (8/89)
ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MMJDDIYYYY)
3/21/2006
PRODUCER Phone: 440-248-4711 Fax: 440-248-5406 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Britton-Gallagher and Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
6240 SOM Center Rd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Cleveland OH 44139 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC#
~ ---- ~--- --..-- -- ---- __
INSURED INSURER A: Lexington Ins Co
Melrose Pyrotechnics, Inc. Granite State ------------
INSURER B: Insurance Co.
4652 Catawba River Road ----. -~-f------m-
INSURER C: Arch Specialty Insurance Co I
Catawba SC 29704 Florida JUA ------ ----..-----
INSURER D:
-------------~.__._._-- 't
INSURER E: I
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL
THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ~~~[ ~l-'CY EFFECTIVE POLICY EXPIRATION ~.----~-_.-
LTR POLICY NUMBER LIMITS
A ~ERAL LIABILITY 7410462 1/15/2006 1/15/2007 EACH OCCURRENCE $1,000,000
~~~~~~~9E~=~nc.:~- --'----------
~MERCIAL GENERAL LIABILITY $50,000
I CLAIMS MADE EJ OCCUR MED EXP (Anyone pe<son) $
r~ ~ _..._.~-.-._-- ------
~J -" I PERSONAL & ADV INJURY $1,000,000
I GENERAL AGGREGATE $2,000,000
~'LAGGREr3flE LIMIT AT~S PER: PRODUCTS - COMP/OP AGG $2,000,000 ---
~----
I POLICY X ~~,?,: LOC I
B ~TOMOBILE LIABILITY CA62659313 1/15/2006 1/15/2007 COMBINED SINGLE LIMIT $1,000,000
_~ ANY AUTO (Ea accident)
--_._-----~ --------------- - ,----
~ ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
~ ___nO - -- -----
X HIRED AUTOS BODILY INJURY !$
X NON-OWNED AUTOS (Per accident) --~-
~ -------- . --------
--~ ------------- PROPERTY DAMAGE 1$
i (Per accident)
lGE LIABILITY I AUTO ONLY - EAACCIDENT $ ----
--
I ANY AUTO , EA ACC $
I OTHER THAN ------ -
AUTO ONLY: AGG $
C fjESS/UMBRELLA LIABILITY ULPOO05662 1/15/2006 11/15/2007 ~()CCURRENS-"--_,_ ~~,~O 0 , 0 ~O__ __
I X OCCUR 0 CLAIMS MADE I AGGREGATE $4,000,000 -
------- ---- - --,"--_m___
$ -- -
I I
--=-1 DEDUCTIBLE I -..-" ---------- ~-- --f-~ ---- -
X RETENTION $10,000 $
7/2/2005 17/2/2006 X I WCSTATU-.I IOTH-
D WORKERS COMPENSATION AND 4176B337 TORY LIMITS ER ----------...
EMPLOYERS' LIABILITY E.L EACH ACCIDENT $1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE ~-_._--~-~.- --.-----
OFFICER/MEMBER EXCLUDED? i E L DISEASE - EA EMPLOYEE $1,000,000
I -- -~~-~~ --
If yes, describe under I EL DISEASE - POLICY LIMIT $1,000,000
SPECIAL PROVISIONS below
OTHER i
I
i I
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
FIREWORKS DISPLAY DATE:
ADDITIONAL INSURED:
SAMPLE
SAMPLE
SAMPLE FL 11111
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
THE INSURER, ITS AGENTS OR REPRESENTATIVES.
CERTIFICATE HOLDER
AUTHORIZED REPRESENTATIVE
~.J:~
I
I
ACORD 25 (2001/08)
@ACORDCORPORATION 1988
NAME OF BID: RE-PROPOSAL FOR ANNUAL JULY 4TH FIREWORKS DISPLAY
BID DATE: MARCH 23, 2006
BID# 029-2710-06/JA
STATEMENT OF "NO BID" LISTING
ZAMBELLI FIREWORKS
1 WEST CAMINO REAL BLVD., #100
BOCA RATON, FL 33432
ATTN: DANABETH ZAMBELLI
WE ARE ALREADY BOOKED FOR
SHOWS OF THIS NATURE
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM B.2.
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.)
IZJ April 18,2006 April 3,2006 (Noon)
0 May 2, 2006 April 17,2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon)
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 June 6, 2006 May 15,2006 (Noon)
0 June 20, 2006 June 5, 2006 (Noon)
0 July 5, 2006 June 19,2006 (Noon)
0 July 18, 2006 July 3, 2006 (Noon)
NATURE OF
AGENDA ITEM
o
IZJ
o
o
o Announcement
o
Consent Agenda
Public Hearing
Bids
Administrative
0 Development Plans , ---.,
0 New Business -
0 Legal
0 UnfInished Business ==-...J ..
-..
0 Presentation
t~.~_..; ,
---;co
--Pl
;--; -, _:-~~ :'->
RECOMMENDATION: Motion to approve the "piggy-back" of the Jacksonville Electric Authority (JEA) Bid-#WCS~~-
00 with Insituform Technologies, Inc. for two (2) pipeline rehabilitation projects in the amount of $649,902.50 &
$124,312.50 respectfully, for a total estimated cost of $774,2 1 5.00.
City Manager's Report
EXPLANATION: Procurement Services Division received a request from the Utilities Department to "piggy-back" off the
Jacksonville Electric Authority's Bid for the pipe rehabilitation projects in two (2) neighborhoods. The City has utilized the
contract for other recent pipeline rehabs. The Instituform process avoids excavation of large areas to replace pipe and
provides a long-term solution for pipe rehabilitation. The City would utilize JEA contract #WCS-123-00 for a total cost for
both CIP projects in the amount of $774,2 15.00.
PROGRAM IMP ACT: The existing pipelines are in excess of forty (40) years old and are cracked, experiencing joint
failures, root penetration and INI (Inflow and Infilling) damage. This project is part of the €ity's CIP program.
FISCAL IMP ACT: Funds are available in the FY200512006 budget as follows:
Account Description
CIP R&R Sewer
CIP R&R Sewer
Account Number
403-5000-590-96-04 SWR 106
403-5000-590-96-04 SWR 107
Budget
$649,902.50
$124,312.50
Water Utilities Department
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM B.2.
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 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
~ April] 8, 2006 April 3,2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April ]7,2006 (Noon) 0 July 5, 2006 June 19, 2006 (Noon)
0 May] 6, 2006 May 1,2006 (Noon) 0 July] 8, 2006 July 3,2006 (Noon)
NATURE OF
AGENDA ITEM
o
~
o
o
o
o
Administrative
Consent Agenda
Public Hearing
Bids
Announcement
0 Development Plans "._~, _._.t
0 New Business -
,--
0 Legal ~. -.....,
0 UnfInished Business u_
c:....;J . "
~...
0 Presentation
City Manager's Report
'\....}
--,-ic:;>
~-iI-j
,.- - ;"\ :'.~-~~ !>
RECOMMENDATION: Motion to approve the "piggy-back" of the Jacksonville Electric Authority (JEA) Bid-#WCS~Q3-
00 with Insituform Technologies, Inc. for two (2) pipeline rehabilitation projects in the amount of $649,902.50 &
$124,312.50 respectfully, for a total estimated cost of$774,215.00.
EXPLANATION: Procurement Services Division received a request from the Utilities Department to "piggy-back" off the
Jacksonville Electric Authority's Bid for the pipe rehabilitation projects in two (2) neighborhoods. The City has utilized the
contract for other recent pipeline rehabs. The Instituform process avoids excavation of large areas to replace pipe and
provides a long-term solution for pipe rehabilitation. The City would utilize JEA contract #WCS-123-00 for a total cost for
both CIP projects in the amount of$774,215.00.
PROGRAM IMPACT: The existing pipelines are in excess offorty (40) years old and are cracked, experiencing joint
failures, root penetration and INI (Inflow and Infilling) damage. This project is part of the €ity's CIP program.
FISCAL IMPACT: Funds are available in the FY200512006 budget as follows:
Account Description
CIP R&R Sewer
CIP R&R Sewer
Account Number
403-5000-590-96-04 SWR 106
403-5000-590-96-04 SWR 107
Budget
$649,902.50
$124,312.50
Water Utilities Department
S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM.DOC
Memorandum
Utilities # 06-52
REcr
D
FROM:
Mary Munro
Purchasing Agent
Kofi Boateng
Director of Utilities
l.~,.. D "; !.} ~006
I"!;"'" \ {, IJ l
PROCu, ,(-""d;lT SERVICES
TO:
~L~Srl ~.~\ob.
,J
DATE:
March 20, 2006
SUBJECT:
Piggy-Back JEA Bid #WCS-123-00
Cured in Place Pipe Rehabilitation - Wastewater
AGENDA ITEM
The Utilities Department is requesting approval to piggy-back the Jacksonville Electric Authority
(JEA) Bid #WCS-123-00 with Insituform Technologies, Inc.
We have utilized the contract for our other recent pipeline rehabs. The Insituform process avoids
excavation of large areas to replace pipe and provides a long-term solution for pipe rehabilitation.
This project is part of the Utility Department's CIP program. The two (2) projects and their
neighborhoods that we will be pipelining are:
1. Central Seacrest Corridor
SW 6th Ave. to Woolbright from 1-95 east to Seacrest Blvd.
The Central Seacrest Corridor project consist of approximately 18, 717 linear feet (If) of 8" Vitrified
Clay Pipe (VCP), plus clean, TV grout and reconnect service laterals.
2. INCA
NE loth Ave. to NE 7th Ave. from US 1 east to NE 7th St.
The INCA project consist of approximately 3,585 If of 8" VCP pipe, plus clean, TV grout and
reconnect service laterals.
The dollar value proposal for the Central Seacrest portion is $649,902.50 and funding is available in
account # 403-5000-590-96-04 SWR 106.
The dollar value proposal for the INCA portion is $124,312.50 and funding is available in account
# 403-5000-590-96-04 SWR 107.
Total project cost for both CIP projects is $774,215.00
Attached are the maps of the area, the contract and the proposal. Please present this at the next City of
Boynton Beach Commission meeting for their approval.
If you have any questions please contact me at ext. 6401 or Tony Lombardi at ext. 6421.
Attachments
xc: Pete Mazzella
Michael Low
Tony Lombardi
Barb Conboy
File
FROM
FRX NO. :9042804162
Mar. 06 2006 10:07RM P2
~ Insituform
Technologies; Inc.
Woddwide ~
R9habi1ilatiOfl
11511 Phillips Hwy. S.
Jack.sonviUe, FL 32256
Tel: (904) 262.5802
Fax: (904) 292.3198
(800) 633-8362
www.insilufotm.com
March 6, 2006
Mr. Tony Lombardi, Project Manager
City of Boynton Beach
124 East Woolbright Rd.
)3oynton Beach, FL 33435
Re: Central Seacrest Conidor Sewer Reconstruction
Dear Tony,
Weare pleased to submit this proposal to reconstruct the sewer lines located in the Central
Seacrest Conidor using ..Cured-in-P1ace-Pipe" (CIPP). These prices are based on our 2006
Annual Contract with the JEA. which is available for ..piggyback" by the City of Boynton Beach.
18,7171f8" x 6 mm CIPP
18,7171flight clean & TV
Service reconnections wI grout, 416 ea
$ 29.50/1f
$ 3.00llf
$lOO.OO/ea
$552,151.50
$ 56,151.00
$ 41,600.00
Total
$649,902.50
The tenus and conditions governing this proposal are as follows:
Proposal Inclusions:
· Certificate of Insurance with standard coverage
· Pre-installation video inspection recorded on VHS tape
· Standard cleaning of the existing pipe prior to installation
· Post-installation video inspection recorded on VHS tape
· Standard one-year warranty
Actual field measurements will determine final invoice quantities
FROM
FAX NO. :9042804162
Mar. 06 2006 10:08AM P3
Proposal Exelusions~
. Premiums for special insurance coverage requirements
. Point repairs of any collapsed sections of the existing pipeline
· Permits
. Disposal site for debris removed during cleaning
. Please note that if any hazardous or toxic materials are encountered during the
project, the Owner will be responsible for the removal and disposal of the
materials
. Constructions access easements
Proposal, rerms:
. Payment due within 30 days of completion of the project
. Partial monthly payments may be requested
. Proposal valid for 45 days
!--imited WarraDtv
IN LIEU OF ALL OTHER EXPRESSED, IMPLIED AND/OR STATUTORY
WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, CONTRACTOR AGREES
TO CORRECT ANY DEFECT IN THE MA TERlALS OR SERVICES
PROV10ED BY TIlE CONTRACTOR WHICH ARE BROUGHT TO THE
A1TENTION OF THE CONTRACTOR WITIlIN ONE YEAR FOLLOWING
COMPLETION OF CONTRACTOR'S WORK, PROVIDED OWNER
AFFORDS CONTRACTOR SUlT ABLE ACCESS AND WORKING
CONDITIONS TO ACCOMPLISH SUCH CORRECTION.
Mutual Release of CODseQuential Damafles:
Neither party shan be liable to the other for consequential damages relating to or
arising out of the Contract.
ProDosal Subiect to Net!otiation of Otber Standard Terms of At:treement:
This proposal is subject to agreement of the parties on other terms and conditions
as are customary in contracts of this nature.
FROM
FRX NO. :9042804162
Mar. 06 2006 10:08RM P4
We appreciate the opportunity to quote on this project. If you have any questions. please
call me.
Sincerely,
Z[~JL:,mc
Ted Hotchkiss, Area Account Manager
Owner Acceptance:
Date:
Please sign and return one copy of this proposal for our files or. if you prefer. a purchase
order or subcontract for our execution.
FROM
FRX NO. :9042804162
Mar. 06 2006 10:08RM F'5
~ Insitufonn
Technologies; Inc.
WOrldwic>> P/pe1i118
RehabjJj/86on
11511 Phi~ Hwy.S.
JacksDnvile, Fl32256
Tet: (904) 262-5802
Fax; (904) 292.3198
(SOO) fl33.8362
www.inskufoon.com
March 6. 2006
Mr. Tony Lombardi, Project Manager
City of Boynton Beach
124 East Woolbright Rd.
Boynton Beach, FL 33435
Re: INCA Sewer Reconstruction
Dear Tony.
We are pleased to suhmit this proposal to reconstruct the sewer lines located in the INCA Area
using ..Cured-in-Place-Pipe" (CIPP). These prices are based on our 2006 Annual Contract with
the lEA, which is available for "piggybacku by the City of Boynton Beach.
3,585 If 8" x 6 mm CIPP
18,717 If light clean & TV
Service reconnections wI grout, 78 ea
$ 29.50/1f
$ 3.00/lf
$100.00/ea
$105,757.50
$ 10,755.00
$ 7,800.00
Total
$124,312.50
The terms and conditions governing this proposal are as follows:
Proposal InclnsioDs:
.. Certificate of Insurance with standard coverage
.. Pre-installation video inspection recorded on VHS tape
Standard cleaning of the existing pipe prior to installation
.. Post-installation vjdeo inspection recorded on VHS tape
. standard one-year warranty
Actual field measurements will determine final invoice quantities
FROM
FAX NO. :9042804162
Mar. 06 2006 10:09AM P6
Proposal ExelusioAfl:
. Premiums for special insurance coverage requirements
. Point repairs of any collapsed sections of the existing pipeline
. Permits
. Disposal site for debris removed during cleaning
. Please note that if any hazardous or toxic materials are encountered during the
project, the Owner will be responsible for the removal and disposal of the
materials
. Constructions access easements
~ro\l05al Tenn~
. Payment due within 30 days of completion of the project
. Partial monthly payments may be requested
. Proposal valid for 45 days
Limited Warranty
IN UEU OF ALL OTHER EXPRESSED, IMPLIED AND/OR STATUTORY
WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, CONTRACTOR AGREES
TO CORRECT ANY DEFECT IN THE MATERIALS OR SERVICES
PROVIDED BY TIlE CONTRACTOR WHICH ARE BROUGHT TO THE
ATTENTION OF THE CONTRACTOR WITHIN ONE YEAR FOLLOWING
COMPLETION OF CONTRACTOR'S WORK, PROVIDED OWNER
AFFORDS CONTRACTOR SUIT ABLE ACCESS AND WORKING
CONDITIONS TO ACCOMPLISH SUCH CORRECTION.
Mutual Release of Consequential Dam8l!es:
Neither party shall be liable to the other for consequential damages relating to or
arising out of the Contract.
Proposal Subiect to Ne2otiaoon of Other Standard Terms of Aueement:
This proposal is subject to agreement of the parties on other terms and conditions
as are customary in contracts of this nature.
FROM
FRX NO. :9042804152
Mar. 05 2005 10:09RM P7
We appreciate the opportunity to quote on this project. If you have any questions, please
call me.
Sincerely,
ZiC=:Lrnc
Ted Hotchkiss, Area Account Manager
Owner Acceptance:
Date:
Please sign and return one copy of this proposal for our files or, if you prefer, a purchase
order or subcontract for our execution.
li-.... ,.~ "',.... ".t..'
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in, = 542.7 feet
'nsituform Pipelining CIP project "Central Seacrest Corridor"
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Insituform Pipelining CIP project "Central Seacrest Corridor"
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Insituform Pipelining CIP project "Central Seacrest Corridor"
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Insituform Pipelinin9 CIP project "Central Seacrest Corridor"
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Insituform Pipelining CIP project "Central Seacrest Corridor"
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Insituform Pipelining CIP project "Central Seacrest Corridor"
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Insituform Pipelining CIP project "INCA"
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"I NCA"
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Insituform Pipelining CIP project "INCA"
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VI.-CONSENT AGENDA
ITEM B.3
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 4, 2006 March 20, 2006 (Noon.) D June 6, 2006
[8'J April 18, 2006 April 3, 2006 (Noon) D June 20, 2006
D May 2, 2006 April 17, 2006 (Noon) D July 5, 2006
D May 16, 2006 May 1,2006 (Noon) D July 18, 2006
Date Final Form Must be Turned
in to City Clerk's Office
May 15,2006 (Noon)
June 5, 2006 (Noon)
, .
July 3, 2006 (Noon), -".
D Administrative D Development Plans
NATURE OF [8'J 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
L....
-]f~~
,~~
,
RECOMMENDATION: Authorize the Utilities Department to utilize GSA contract # GS-24F-0028J and purchase an
Perkin Elmer AAnalyst 800 Atomic Absorption Spectrophotometer and accessories from Perkin Elmer Inc. The estimated
expenditure is $60,295.77.
EXPLANATION: The current unit, a Perkin Elmer model 3300 installed in 1994 is subject to erratic operation, lack of
replacement parts and costly service calls. The Utilities Department feels it is in the best interest of the City to replace this
equipment. The City would utilize GSA contract # GS-24F-0028J which contains a 15% discount for a final purchase price
of $60,295.77.
PROGRAM IMP ACT: The Water Quality Division at the West Water Treatment Plant operates an Atomic Absorption
Spectrophotometer to detect trace metals such as iron, lead and sodium in the City's drinking water.
FISCAL IMP ACT: The funds for this purchase are available in the Utilities R&R account #403-500-590-96-02, CIP
Project #WTR103.
Water Utilities Department
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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PerkinElmere
precisely.
710 Bridgeport Avenue
Shelton, CT06484-4794
PhOne: 1.800.762"':4000
Fax: 203.944"':4914
STEVE EVANS
CITY OF BOYNTON BEACH
5469 W BOYNTON BEACH l3L VD
BOYNTON BEACH FL 33437
QUOTE NO.:
QUOTE VALID TO;
QUOTE DATE:
PAY. TERMS:
FREIGlIT TERMS:
ULTlMATEDEST.:
To:
TELEPHONE NO.
I:AX NO.
YOUR REFERENCE
ITEM>MAtERt
B312U081
561-375-6464
561731-0065
AAN..<\L YsTllOO AA SPECTROMETER
Silles Discount
The AAIlll!yst 800 is a double beam spectrometer designed for optimized.
aulOmati(; flame. gmphite fumace.FlAS. and mercury/hydridealomic
ahsoll)lion analyses. Slandard femure, include complele sysremcontrol
from a single keyboard; automallld motnrized atomizer e"change,
permitting the change between l1ame AA and graphite furnace AA per
key.trake; ;ntegrilled burner system amI (;omputer programmedTotalFlow
11= ga.s control: integrated graphite furnace with Zeeman background
cOlTeclOr: AS 800 furnace autosampler; 8-lamp holder with built-in
power supplies forhQ/low cathode and electrooe!ess dischilIgelamps
(EDL)and automatic lamp sc\c.ction. Lamp clements are aUlomatically
recugmzed and approprime, operating currents are set when using
Perkin-Elmer Lumina hnIlow cathode lamps. The AAnalyst SOO includes a
high light throughput, "real-time" double-beam nptical systemw;th a
dua(.bh'2ed grilling monochromator for optilJUzed perforrnanceover the
entire AA wave.letlgth range. The rderenct! beam is carried by a
high-throughput optical fiber. The sample and reference beams are
measured simultaneously using a segmented high quanrumcfficiency
solid,slilte detector. FroOl.surfaced. refle.ting optics with protective
coatings for improved UV refleclivilY and cormsi,)Jllesistanceare used
throughout 1ne optical system is fully enclosed with covers. further
prole. ling against dusI andcorrosiw atmospheres. 'Ine AAm.lyst800
uses the Pernn-E1mer pretni~ burner system which has a total flow
ga!.bax to maintain constant flame c(l!\ditlOns. The burner system .
mcludes a high-strength lnixing chamber for chemical resistance. an
adjustahle universal GemTip con-osion.resi,tant nebulill;'T, andan
SEND PURCHASE ORDERS TO;
PerkinElmer Life and Analytical Sciences
710 Bridgeport Ave.
Shelton, CT 06484-4794
Phone: 1-800-762-4000
Fax: 203-944-4914
14102
PAGE 1 of 6
Quotation
20155310
04/1012006
03/0912006
Due Upon Receipt
FOB Factory - Prepay & Add
UNITEDSTATESOFAMEffiCA
J;1NI1:';PRlCE
54.9UO,00
54.IJOO,UO
R.235,OO-
SALES REPRESBrr ATIVE: RAYMOND THOMPSON
PREPARED BY: John Sabella
"CCFP'L~N(''E OF roTS QlJOTA TlOS IS LIMITED TO nlE.\ rHCIIED TERMS AND CONDITIONS
TEll!\lS!>TRJHTTOCRUlIT APPROVAL
08/18/01
07:30 FAX 407 668 1850
RAY THOMPSON/PE
I4l 04
,~
PerkinElmero
precisely.
710 Bridgepon Avenue
Shelton, CT 06484-4794
PAGE 3 of 6
Quotation
PhontJ:1-8OQ-7/;:!-4OQO
Fax: 203-944-4914
QUOTE NO.:
QUOTE VALID TO:
QUOTE DATE:
20155310
04/1 0/2006
03/09/2006
To: STEVE EV ANS
CITY OF BOYNTON BEACH
111M>
"!PES~:""~~" '~:''>
appropriate. The Prillril)' Sample opti..>n allows you to easily add samples without interrupting
the l:Urrent run. Edit Calibration gives you complete control over the quality of your calibration
curve before you proc<'l!d with QC and sample analysis, Rerun or,ignore ..he sl,mtJanls or
change the calibration equlltion until
the C\lrve meets your statistical requirements without the need for a complete recahbralion
Wizards will lead you through complex rasks, Extensive checking of all entered method.
,ample and analysis par.uneter> prevents time wasting mistakcs.Mulli-language Tool TIps and
Tip of the Day suggest w"ys to use the software and help you toundersrand screen text and
entry fields. WinLab3~ fat AA also has a common look and f<:el with WinLab32 for ICP for
easy cross-platform use.
Designed much like a me.:hanic' s toolbo~. WinLab32 for AAcontains a suite of msk-orientcd
windows (toob) that you can use alone or in combination tomee' YOllr workflow needs, choose
the colors and layO\lI optioiJ for ea4'h graphic display_ Workspaces allow you to dt-fine aUlI
4'onfigu!e the windows foi"'each task and WinLab32 for A^ even remembers the mes thaI ....ere
open when you S:t ved the Workspace.
WinLab32 fOT AA stores data using a Standard commercially-ayailable data base engine. ~
stored results can be accesSed directly with a large numlk."1" of different lyP<'s of suflv.are
programs. providing virtua1ly unlimited post-run data manipulation and reporting flexibIlity
Data Export allows selected data results to be transferred to anetwork computcr or iuto a UMS
system such as LABWORKS.
Quality control capabilities include the ahility to IT1Qnitor all
anatytical results. identifYTesults that arc outside pre-setlimils. ;lIld log. modify and/or rerun
the analysis. Dataco/llJ"olprocedures include bolh cheds andquaJity control protocols, QC
analysis scheduling is totally flexible. ineluding allowing frequency-based protocols III be
implemcntcd,\1.~ing either the number of samples or replicates.Scheduling can also be based on
stimple locatiotl and timt.(Ju1-of-limit aClions can be specifledseparatcly for each QC sample
for u13ximurn flexibility. Data handling featurcs include theDal<l Reporting Wizard. whiCh
allows the user to specify the contents and format of posHunrepons, Data from different runs
and even other techniques can be i"cluded in the report.
WinLah32 for AA also helps youllab meet regulatory requirements by "signing" the data and
including multi-level security 10 enSllre data integrity.
The small mini-tower computer includes a Dell GX280 2.8 GHz Pentium 4 with Windows XP
Professional SP2. 800 MHz Front Side B\1.'. 256K Ca<:he,lntegr.lled Sound Blaster <:ol11pallbk
AC97 sound, 51211.iB non,ECC SDRAM. integrated Intel@ Gigabit Me 10/100/1000.
CD-RW: 48X Max CDl<<>writeable Drive. 3.5" 144MB diskencDrive. 80GB EIDU liard
Drive. a 17" Viewsonic LCD Oal pane display.
08/18/01 07:30 FAX 407 668 1850
RAY TIIOMPSON/PE
,~
PerkinElmere
precisely.
710 Bndgeport Avenue
Shelron, CT 06484-4794
Phone: 1-800-762-4000
Fax: 2O:J-944-4t114
QUOTE NO.:
QUOTE VALID TO:
QUOTE DATE:
20155310
0411012006
03/09/2006
To: STEVE EVANS
CITY OF BOYNTON BEACH
, 'DES';;~'" ""'7, ftmIitJ:iRiCE
each sampler.
The AS-93plusprovides random access sampling when used with A^ WinLab.
ICP Winlab orEan software.
The AS.93plus inCludes o~e sl.,"dan! fiI"k configuration, sampling probe.
capillary tubing. 50 15-m! sample vessels. 50 50-m1 standard vessels.
one rinse vessel, required pump tubes and adapters, and IEE-488
"onne"ling "able and an external ",ide range power supply.
Power requirements: 100~240 V AC. 47-6311L
Software requirements: AA WinLab. Icp WinI..ab or Elan software. For
oplimum usage AA WinLab 3,0 (or higher) for 3IXO, 3300. 5100 or
AnnalysttOO/300, version 3.9 (or higher) I'm the Aanalyst7001800.
WinLab32 forJCP version 2.2. (or higher).
Service installation recominended but not included.
Jml" ::MA
Total Nel Price in USD:
Customized Financing S9lutionsare available - We offer competitive rates with 11 wide range
of structures to assist in acquiring your PcrkinEhnertechnology - Speak 10 your Sales Engmeer
tuday or call us at 1-800-559-2755 exl. 69630
The amoUR[ displayed does not include taX or freight charges.
These charges will be added 10 the invoil:e if applicable,
Includes installation and one year warranty.
Estimated delivery: 5 weeks after receipt of order.
Tenns subject io creditlipproval.
RAYMOND THOMPSON
I4J 06
PAGES of 6
Quotation
60.295.75
INFORMATION FOR ORDERING ACTIVITIES
1a. Table of Awarded Special Item Numbers (S.I.N.):
632-2 Liquid Scintillation Systems and Gamma Counters
632-5 Infrared Spectrometers & Accessories
632-6 Ultraviolet Spectrophotometers & Accessories
632-7 Fluorescence Spectrometers & Accessories
632-9 Time of Flight Mass Spectrometers
632-10 Atomic Absorption Including ICP, ICP/MS & Accy
615-1 Biomolecule Analyzers Synthesizers
615-2 Elemental Analyzers, Accy, Options
615-3 Thermal Analyzers, Accy, Options
615-4 Gas Chromatographs, GC/Mass Spec & Accy
615-9 Liquid Chromatograph Systems
615-1010 New Technology
66-107 Gel Casting Systems
66-117 Automated Pipetting and Dispensing Systems
66 118 Microplate Readers and Washers, Cell Harvesting Apparatus
66 200 Laboratory Information Management Systems (L1MS)
1b. Lowest Priced Model Number and Lowest Unit Price For a Unit of One (1):
S.I.N.
Part Number Description
Net Unit Price
632-2 C 150FOO
632-.5 L 125000B
632-6 L6020060
632-7 L2250117
632-10 B0509550
632-9 N7010010
615-1 AJM4001
615-2 N2410651
615-3 N5350020
615-1010 N3141003
615-4 N6510110
615-9 N2980409
66-107 ProXcision
66-117 AMPIIB2
66118 1420 011
66200 N5171118
Radiomatic C150TR $13,611.99 _
Spectrum 100 Version B $17,470.80
Lambda 25 $8,644.50
LS 55 Luminescence Spectrometer $18,785.00
FIMS-100 $10,371.60
prOTOF 2000 Time of Flight MIS $316,320.00
JANUS Standard Platform, 4 tip $31,450.00
PE 2400 Series II Sys (120V) $30,230.85
Sapphire Ditt. Scanning Calorimeter $23,475.75
Rotor-Multiwave 3000 16HF100 $10,254.75
Clarus 500 Mass Spec w/EI120V $49,578.75
Binary Micro-Pump Sys wNac Degassing $20,423.00
Gel Cutting Robot for Protein Analysis $115,920.00
4 Tip MultiProbe Std w/computer $31,684.00
Manual VICTOR3, No TRF, incl Shak, etc $14,259.00
Networked Quality Assurance Option $4,152.20
2. Maximum Order Limitation (M.O.L.):
The total dollar value for any order placed under this contract shall not exceed
$500,000. Additionally, each special item number has an individual M.O.L. of
2
9a. Government Commercial Credit Cards:
Perkin Elmer will accept Government Commercial Credit Cards.
9b. Discount for Payment By Government Commercial Credit Card: None
10. Foreign Items:
The country of origin is indicated on the enclosed price list in the column headed
"ORIGIN".
11. Time of Delivery: 90 Days alrlo maximum but contact us for the potential for
earlier delivery.
11.a. Expedited delivery may be available with shipping via air carrier at extra
charge for the air freight.
12. F .O.B. Point:
Destination within the 48 contiguous United States and District of Columbia.
SINs 632-2, 66-118, and 66-122 provide FOB Dest for Hawaii and Alaska.
13. Ordering Address:
All orders should be sent to:
Perkin Elmer LAS, Inc.
710 Bridgeport A venue
Mail Station 10
Shelton, CT 06484
(800) 762-4000
14. Payment Address:
PerkinElmer LAS, Inc. (Bank of America)
13633 Collection Center Drive
Chicago, IL 60693-3685
15. Warranty Provisions:
PerkinElmer's standard commercial warranty applies to all items sold under this
contract.
16. Export Packing Charges: Not Applicable
17. Terms and Conditions of Government Commercial Credit Card Acceptance:
VISA, MasterCard, and American Express are currently accepted by
Perkin Elmer.
18. Terms and Conditions of Rental, Maintenance and Repair: Not Applicable
4
hazardous to visually impaired individuals. Perkin Elmer represents that the
Products offered hereunder do not meet the definition of Information Technology
equipment described in the Federal Acquisition Regulations (FAR) 2.101,
therefore, compliance with Section 508 regarding equivalent access is not
applicable.
25. PerkinElmer's DUNS number is 13 201 0856.
26. CCR Registration: PerkinElmer is registered with the Department of Defense
Central Contractor Registration (CCR). Please utilize the above DUNS number
or our CAGE code of 1MCW2 to locate us.
,.
P,erkin
Imerr..1
precisely.
6
VI.-CONSENT AGENDA
ITEM 8.4
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 4,2006 March 20, 2006 (Noon.) D June 6, 2006 May 15,2006 (Noon)
[8] April 18, 2006 April 3,2006 (Noon) D June 20, 2006 June 5, 2006 (Noon)
D May 2, 2006 April 17, 2006 (Noon) D July 5,2006 June 19,2006 (Noon)
D May 16, 2006 May 1,2006 (Noon) D July 18, 2006 July 3, 2006 (Noon)
D Administrative D Development Plans -, "
NATURE OF [8] Consent Agenda D New Business
AGENDA ITEM D D ':::::-":'.:J
Public Hearing Legal :~.......")
D Bids D Unfinished Business
D Announcement D Presentation ~'"
D t,,-S ~,,-
City Manager's Report .. I....,.
--- --. f',
,.......... :: :.~>
j'l,~
, ,
RECOMMENDATION: Authorize a contract amendment to increase original contract with Sports Turf One, Inc by
$27,236.00 for the continuation ofrepairs to Field I at Little League Park. This item was previously approved at the
February 7,2006 Commission meeting in the amount of$95,557.00.
EXPLANATION: The original PO must be increased due to negative drainage that was discovered during the current
renovation causing additional work required to complete the project.
PROGRAM IMPACT: Sports Turf One, Inc. is currently completing the renovations to Field 1. If the project is not
completed the field will not be ready for spring season.
FISCAL IMPACT: Original cost for removal of sod, laser leveling of the field, replacement of the sod and renovation of the
irrigation system was $95,557.00 plus additional cost due to negative drainage for $27,236.00 brings total project cost to
$122,793,00.
ALTERNATIVES: Not to proceed with project.
Parks Department
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
02/28/2005 00:27
5513757808
HAVERLAND
PAC;E [11
~0\~"~j7
~\=~~:A~==!)~-) \j
/:~.
..._~ :
Sports Turf One, Ine.
Sports Field Design" Construction and Maintmance
9819 State Road 7
Boynton Beach, FL 33474
Ph: 561-375-7808 Fax: 561-375-8858
FACSIM1LE TRANSMITTAL SHEET
To:
David Kelly
Company:
From:
Bill Gillan / Project Manager
Date: 3/17/06
742-6285
Tot<11 number of pages, including cover:
4
Fax number:
Phone number:
o URGENT 0 POR REvrnW 0 PLEASE COMMENT 0 PLEASE REPLY
o FOR YOUR INfO 0 PLEASE SIGN ATIAOffiD,AND Rt'ffi.JRN
_. A.
David,
Attached is pricing for the extra work and our proposed grading plan for field #1. Please review and
let me know ASAP on whether to proceed. If the fill is not going to go, we will need direction as to
how the City will want uS to grade the field. You can reach me on my cell @ 561-436-0058 or c~ll
Ken Gregory @ 561-722-1034
Thank you,
Bill Gillan
--
" ,,'u ~" NOT ".c,,", ALL <)' TH' """ :::: :~ .,.
AS SOON 1\.S POSSIBLE. I!' 'YOu Rt::.L€,lVE. THIS {l,ACSTMJLE iN ERROR.
PT., 1'. A S IS NOT I F Y TJ S T M M F. D I A T I:<. I_ Y _ T H ^ N K YO 11 -
02/28/2005 00:27
5513757808
HAVERLAND
PAGE 02
SPORTS TURF ONE, INC.
9819 STATE ROAD 7
BOYNTON BEACH. FL. 33437
Estimate
Date Estimate"
3/16/2006
2005-1034
Name I Addre$$
CITY OF BOYNTON BEACH
tOO EAST BOYNTON Bell BLVD
P.O. BOX310
BOYNTON OCH I'L 33425-0310
Terms Rep Contact phone Fax
Net 30 BG J. Livergood 742.620J 742-6285
Description Qty Rate Total
ATHLETIC FIELD RENOVATION....
FIELD I @ EAST aOYNTON I.ITTLE LF.AGUE P ARK....
IMPORT AND PLACE ('"LHAN FlLL MATERIALTO 8RING 800 13.67 10.936.00
GRADE TO WITHIN 1.25" OF PROPOSED FINISH GRADE.
PRICE PER CUBIC YARD.
ROTOV ATE SITE TO BREAK UP HARD SOIL LAYER AND I t.500.00 1.500.00
MIX EXISTING SOILS TO ENCOURAGE DRAlNAGF.........
PRICE PF.R LUMP SUM
INSTALLATION OF AN A lliLETIC FIELD WARNING 6,250 1.82 11,375.00
TRACK. lNCl.UDES PREPARE SUBGRADE, FURNISH AND
lNST ALJ~ J" UL "IMA TE n W ARNJ.NO TRACK MATERIAL..
PHR SQ. FOOT.
70130 TNFlliLD CLAY DHLIVERED TO THE JOBSITE & 4 856.25 3,425.00
INST AU..ED ON THE FJF.I.D..... PRICF. PER LOAD.
Total
SIGNJNG THIS PROPOSAL ACKNOWJ...EDGES ACCEPTANCE OF PRlCE,TERMS. &;
CONDmONS. DATE ACCEPTED:.............................--.... Sign8tUre
Phone # Fax # E-Ymlil Web Site
561-375-7808 561-375-8858 SPORTSFIELDS@BELLSOUfH.NET SPORTSTURFONE.COM
.",~-.
02/28/2005 00:27
5513757808
HAVERLAND
PAGE lJ 3
SPORTS TURF ONE, INC.
9819 STATE ROAD 7
BOYNTON BEACH, FL. 33437
Estimate
Date Estimate #
3/1612006
2005-1034
Name I Address
Cn-V OF' BOYNTON BEACH
100 EAST BOYNTON BCH aL VD
p.o. BOX 310
BOYNTON BCH FL 33425-0310
Tenns Rep Contact phone Fax
Net 30 BG J. Livergood 742-6:201 742-6U5
Description Qty Rate Total
THIS IS A UNIT PRICE BID WlTI1 UNlTPRIClNG TO
PREY AIL. BILLING TO BE GENERATED PER ACTUAL FI.F.l..D
MEASUREMENTS. PURCHASE ORDER OR SIGNED
PROPOSAl. & 25% RETAINER PRIOR TO SCHEDULING, Al.L
PRICES QUOTF.D ARE ('.000 FOR 30 DAYS. PLEASE SEE
A TIAClJED JOB CONDmONS SHEET FOR ADOmONAL
TERMS & CONOmONS.
Total $27,236.00
SIGNING THIS PROPOSAL ACKNOWLBDGES ACCEPTANCE OF PRlCE,TERMS, &
CONDITIONS. DATE ACCEPTED:......m.uu................u--- Signature
Phone # Fax # E-mail Web Site
561-375-7808 561-375-8858 SPORTSFlELDS@BELLSOUTH.NET SPORTSTIJRfONE.COM
-..V'" L
02/28/2005
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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 December 6, 2005 November ]4,2005 (Noon,) [8J February 7, 2006 January J 7, 2006 (Noon)
D December 20, 2005 December 5, 2005 (Noon) D February 2J, 2006 February 6, 2006 (Noon)
D January 3, 2006 December 19, 2005 (Noon) D March 7, 2006 February 21,2006 (Noon)
D January 17,2006 January 3, 2006 (Noon) D March 21, 2006 March 6, 2006 (Noon)
D' Administrative D Development Plans
NATURE OF D Consent Agenda [8J New Business
AGENDA ITEM D Public Hearing D Legal
D Bids 0 Unfmished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Authorize a contract for the continuation offield repair with Sports Turf One, Inc. and Carlson
Fencing, Inc. for Field I at Little League Park.
EXPLANATION: Both Sports Turf One and Carlson Fencing are currently on site at Little League Park renovating Field 2.
Field I is also in need of renovation; however, it is not included as part of the Extreme Makeover project. Renovation of
Field I at this time would assure a full Little League season. Quotes have been received from Sports Turf One of$43,465.00
for removal of existing sod and replacement of the sod. The Department of Recreation and Parks has another quote that is
comparable but is over 3 months old. Laser leveling of the field is quoted at $16,692.00. No other quotes for laser leveling
were submitted. Sports Turf One has also submitted a quote for the renovation of the irrigation of $35,400.00. No other
quotes were received for irrigation. It does not make sense to resod the field without renovating the irrigation at the same
time. Carlson Fencing has submitted a quote for fence replacement on Field I for $48,070.00. A quote was also received
several months ago for $31,085.00. Copies of the quotes are attached.
PROGRAM IMPACT: Field I needs renovating. Sports Turf One and Carlson Fencing are already on the site, which wiIJ
be a savings of time and mobilization costs. If the project is delayed, Field] wiIJ not be ready for the March I, 2006 opening.
FISCAL IMPACT: Cost for removal of sod, laser leveling of the field, replacement of the sod and renovation of the
irrigation system wiIJ be $95,557.00. Cost for fence replacement wiIJ be $48,070.00. Total cost for the project will be
$]43,627.00.
AL TERNA TIVES: Not to proceed with the project. It is likely that Field I will not be playable for the 2006 spring season
if it is not renovated.
\ /'\.. ~
......Department Head's Signature
City Manager's Signature
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
City Attorney / Finance / Human Resources
SPORTS TURF ONE rNC
9819 STATE ROAD 7
BOYNTON BEACH, FL 33437
PH 561-369- 7994
FAX 561-364~11l8
f:~;timate
L;~:, .-
I::stimate #
2005.1004
To:
-
CITY OF BOYNTON BEACH
MR JEFFRQy LlVER('rl.X)J)
DIRECTOR OF PUBLIC WORJ:S
222 NE 9TII AVE
BOYNTON BEACH FL 33425
[--------:-. . j-'
P.O. Nc
~_--............- -.,....-.-
~-----
Phone # F'ad:
561-74206201 5('1-"4:~'233 ~-'
Qt)
Terms
~\
Rap Contact
-..-f---.-_~ , .
1E.IFERY UVERGOOD
Description
F- oject
Net 30
Rft:'; lI.l,H.PARK
Rat0 Total
BASEBALL FIELD II 1.
FIELD RENOVA'tl0N SERVICES.
MOBILIZATION OF LABOR & EQ1JU>:r-..mN"f,
SOD CUT AND S'fRW DGSTING 1l00; FROM FIELD, 96,000 SQ FT. HAUL TO AN
ON-srn:: STOCKPILE I\REl\
450 I}
456_00
5.92:'"': '
5,928.00
FINAL GRADJNG OF TOTAL FIELD AHEA AND ADDRESSING CLAY A.REI~
ROTOVATE ,FINAL GRADING OF CLAY AREA(CLAY PROVIDED BY THE CITY fi?
NEEDED). LASER LEVEUNG OF ',:HE ATHLETIC FJELD AREA. INCLUDE~~ SET tIP &:
SUPERVISION TP PERFORM GRADlNG WillI TRACTOR MOUNTED AUf 0 LEVELIN:;
EQUIPMENT. TOTAL ARk:A J n,ooo SQ VI PER LUMP SUM.
PREPLANT FERffiJZA'fl0N.RmmTAR.
J 16,69,2' ,)
16,69:2.00
1,057 '~)
1,057.00
CERTIFIED BERlv1lJOA SOD DELfJERED AND INSTALLED, PER SQ FT.
ROLL wrm SOD ROllER.
'}6.000
( ~'.~
36,480.OQ
ESTABUSHMENT 30 DAY GROW TN:
MOWING wrrn R.r:Ft TYPE MOWERS, EOOJNG,FERTllJZE.SPRAYHERBICIDES &.
INSECTICIDES AS :t-rr:EDEDDlSEJ-SEIDENTlFlCATION & CONTROL MONITOR
IRRIGATION.
3,80f) 's)
-J.,see.oe-
ACTUALBILLlNGB.:iiINPLACiiJilliLD MEASUREMENTS. SEE AITAClJED FOR [ -l~- - -. -.--
TERMS &. CONDmONS. : ()~:a
THIS QUOIT OOlJDFOR 10 [lAYS SIGNING TIllS PROPOSAL ACKNOWlEDGES -------.--.-.---...
ACCEPTANCE OF ?RlCE, TERMS AND CONDJTIONS. SignatuTl. x
Page 1
,. SPORTS TL'RF ONE INC
9819 STATE ROAD 7
BOYNTON BEACH, FL 32437
PH 561-369-7994
FAX 561-364-1118
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I Estimat~
i 2005-1004
I
To:
CITY OF BOYNTON BEACH
MR JEFFREVqVERGOOD
DIRECTOR OF PUBLIC WORKS
222 NE 9TH AVE
BOYNTON BEACH ,FL ,,3425
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I PO, N'
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Terms
Rep T~- Contact
j;----------
Phone # Fa:;: 11
561-7420620~ 5/tl-74:~i233 ,..
f' 'oject
Net 30
JEFFERY LIVERGOOD
BA,(}),\LLPARK
Description
Cty
Ra\i!
Total
INSTAlL lRRIGA110N LONES AN
HUNTER l-25 ROTORS WITH 3TA
HUNIER PGP ROTORS NEAR BA'
TORO OR IRRITROL CONnWL v
4" ClASS 200 O-RlNG PIPE.
DUCTILE IRON FfITINGS FOR M
SCH-40 PIPE AND FID1NGS FOR
PER LUMP SUi....r
] 5,4GO no '
35,400.00
D MAIN LINE. TO INCLUDE:
INLESS STEEL RISERS.
:KSTOP.
i\L YES.
UN" LINE.
WNE LINES.
NO PLANS'pERMITS,STAKJNO. NO
DRAINAGE,Fh"NClNG)RR1GATION.PA VlNG,CIA Y.CT.A Y WORK.SAND,Flll
DffiT,TOPSOIL OR SAND TOPDRESSING OR ESTABLISHMENT, EXCEPT AS
SPECIF1CALLY STATED. NOT RE:5PONSIDLEFOR ANY UTILITY DAMAGl': OR
CONCRETE DAMAGE.
WE DEUVERAHEALl1lY CERTEIED BERMUDA TURF PRODUCT, FIOiNEVgR WE
CANNOT GUARANIEE niE PERFORMANCE Of 1HR SOD/SPRIGS SINCE WE ARE
NOT lNVOL VED IN TIlE GROW IN M-ID/OR DAlL Y MAlNTENANCE OF TIlE
SODISPRIGS. jI..:NY nrSCREPANCms n~ nm QUALITY OR QUANTITY OF THE TULU'
PRODUCT MUST BE MADE WTI1-JIN 1WRNTY FOUR (24) HOURS OF RF.CElPT OF
DFllVERYIINSTAlLA.110N. WE [0 NOT ASSUME LIABILITY .FOR DAMAGE TO
PROPERTY OR EQUIPMENT B.EYOND TIlE CURB LINE
ACTIJAL BILLING PER 1N PLAC}~ i'JELD MEASUREMENTS. SEE ATIACHED FOR I -=r-~;-I"--'-~- ----
TERMS & CONDITIONS Olea
-------... - -- ~ ~- -"'. ~- ~ ~~
TIllS QUOTE C;OQD FOR 10 Db Y:S. SIGNING TInS PROPOSAL ACKNOWr3X,ES
ACCEPTANCE OF PRICE, TERMS IIND COND!TIONS Signatun I x
$99,807.00
Page 2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.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
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May) 5, 2006 (Noon)
0 April J 8, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 June 19, 2006 (Noon)
0 May 16,2006 May 1,2006 (Noon) 0 July] 8, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NA TURE OF 0 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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RECOMMENDA TlON: To extend the agreement between Boynton Beach Fire Rescue and the Area Agency on Aging,
Palm Beach Treasure Coast, Inc. to provide the Influenza and Pneumococcal vaccinations for a specific targeted group of
Boynton Beach Senior Citizens.
EXPLANATION: The Fire Rescue Department has partnered with the Area Agency on Aging to provide Senior Citizens in
the age category of 60 and above who do not have access to the Health Care System with the Influenza and Pneumococcal
vaccinations. Personnel working within this program are paramedics who have volunteered there time to provide an enhanced
level of community preventative medicine,
PROGRAM IMPACT: To provide a much-needed service to the Senior Citizens of Boynton Beach, who do not have access
to the Health Care System.
FISCAL IMPACT: Limited, with financial reimbursement provided by the Area Agency on Aging, specifically; BBFRD
will be compensated for training costs and supplies for vaccine administration by the Area Agency on Aging.
AL TERNA TlVES: By not renewing this agreement, a large number of our citizens would not have access to these critical
;oo<u''''oo,. o~ ~oo ;0::0' we" pmvldcd by Fk, R,",ue pc,"onnel~
Department Head's Signature City Manager's Signature
Fire Rescue Department
Department Name
City Attorney / Finance / Human Resources
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R06-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND APPROVING
5 EXECUTION OF A MEMORANDUM OF AGREEMENT
6 BETWEEN THE CITY OF BOYNTON BEACH AND THE
7 AREA AGENCY ON AGING PALM BEACH TREASURE
8 COAST, INC. TO PROVIDE INFLUENZA,
9 PNEUMOCOCCAL AND TETANUS VACCINATIONS
10 FOR A SPECIFIC TARGET GROUP OF BOYNTON
11 BEACH SENIOR CITIZENS; AND PROVIDING AN
12 EFFECTIVE DATE.
13
14 WHEREAS, on October 21, 2003, the City Commission of the City of Boynton
15 Beach, recognizing the significant number of seniors who may not have access to critical
16 immunizations, approved an Agreement with the Area Agency on Aging Palm Beach
17 Treasure Coast, Inc., to provide Senior Citizens with influenza and pneumococcal
18 vaccinations; and
19 WHEREAS, the attached Agreement will extend that Agreement from July 1,2006,
20 through March 1,2009; and
21 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
22 the best interests ofthe citizens of the City of Boynton Beach to enter into a Memorandum of
23 Agreement between the City of Boynton Beach and the Area Agency on Aging Palm Beach
24 Treasure Coast, Inc., which will allow our Fire Rescue Department to become participants in
25 a Palm Beach County health initiative entitled "Senior hnmunization Project".
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
29 true and correct and are hereby made a specific part of this Resolution upon adoption hereof.
S:\CA\RESOlAgreementslVaCClnations for Seniors 040606,doc
1
2
Section 2.
The City Commission ofthe City of Boynton Beach hereby authorizes
3 and directs the City Manager and City Clerk to execute the Memorandum of Agreement with
4 the Area Agency on Aging Palm Beach Treasure Coast, Inc., which will allow our Fire
5 Rescue Department to become participants in a Palm Beach County health initiative entitled
6 "Senior Immunization Project". Copies of the agreements are attached hereto.
7
Section 3.
This Resolution shall become effective immediately upon passage.
8 PASSED AND ADOPTED this _ day of April, 2006.
9
10 CITY OF BOYNTON BEACH, FLORIDA
11
12
13 Mayor
14
15
16 Vice Mayor
17
18
19 Commissioner
20
21
22 Commissioner
23 ATTEST:
24
25 Commissioner
26 City Clerk
27
28 (Corporate Seal)
S:ICAIRESOlAgreemenlslVaccinations for Seniors 040606.doc
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Area Agency on Aging
Palnl Beach Treasure Cl)d~t Inc.
Answers on Aging. Assistance. Advocacy.
March 2, 2006
EMS Div. Chief Michael Landress
Boynton Beach Fire Rescue Department
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Dear Mike:
On behalf of the seniors in Palm Beach County, we would like to take this opportunity of thanking the
paramedics of the Boynton Beach Fire Rescue Department who have participated in the 2005 Senior
Immunization Project. All of us should be extremely proud of our efforts to improve the health of seniors in
Palm Beach County who do not have access to healthcare.
It is now time to renew the partnership between the Area Agency on Aging Palm BeachlTreasure Coast, Inc.
and the Boynton Beach Fire Rescue Department for another three years commitment to these seniors.
We appreciate your flexibility in scheduling, rescheduling, and finally combining host sites due to forces way
beyond our control, namely Hurricane Wilma and its aftermath. For your edification, we have included a
synopsis of the clinics that were held in Boynton Beach during the 2005 Senior Immunization Project
campaIgn:
Serving Seniors in Palm Beach. Martin. St. Lucie. Indian River. Okeechobee Counties
Palm Beach Office:
1764 N. Congress.-\.venue . Suite 201
West Palm Beach, Florida 33409
(561) 684.5885. Fax (561) 697.7250
SC 256.7239 . SC Fax 256.7250
DEPAIlTMENT OF
Treasure Coast Office:
Orange Blossom Business Center
4160 Okeechobee Road . Suite 55-4
Fort Pierce, FL 34947
(172) 467.0008. Fax (172) 429.2172
ELDER
AFFAIRS
sti\TEoFFi..oiIaDA
Funded in part by the State of Florida Department of Elder Affairs
Date Host Site Influenza Tetanus Pneumonia
I November 9, 2005 Boynton Bay 43 20 20
Apartments
November 15,2005 Parkside Inn, ALF 32 0 0
November 18, 2005 Boynton Beach Sr. 131 0 0
Center
December 9, 2005 Ezell Hester 48 0 0
Community Center
December 15, 2005 St. Joseph's 37 0 0
EpiscoDaI Church
December 10, 2005 PATCH 12 0 0
Ongoing Fire station 5 0 0
Total
308
20
20
Enclosed please find two copies of the Memorandum of Understanding between AAA and the BBFR
department. We would appreciate it very much if you would return both signed copies to AAA, attention: Joan
De Vaughn. The Senior Immunization Project looks forward to planning and working with you to improve the
health oflow-income seniors in the fall of2006.
If you have any questions or concerns, please do not hesitate to contact either Joan De Vaughn, 561-684-5885
or Anita Hare Goldfeld, 561-236-9629.
Sincerely,
~
Anita Hare Goldfeld
Elder Care Immunization Specialist
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Area Agency on Aging
Palm Beach/Treasure Coast Inc
Answers on Aging. Assistance. Advocacy.
MEMORANDUM OF AGREEMENT
The Senior Immunization Project is a collaborative community partnership, sponsored by the
Area Agency on Aging of Palm Beach/Treasure Coast, Inc., to prevent illness in the senior population
in Palm Beach County. The purpose of the Senior Immunization Project is to reduce mortality and
morbidity among the elderly from vaccine preventable diseases by increasing the number of
seniors aged 60+ who receive influenza, pneumococcal, and tetanus vaccines.
This Memorandum of Agreement, dated 2006, is between Area Agency on Aging
of Palm Beachffreasure Coast, Inc. (hereinafter referred to as Agency on Aging) and the City of Boynton
Beach, (hereinafter referred to as City).
In consideration of the mutual promises and covenants herein contained, the parties agree as follows:
Term
This Memorandum of Agreement shall be for the period of July 1, 2006 through March 1, 2009.
Services:
1. The City agrees to provide influenza, pneumococcal, and tetanus vaccinations to individuals, who present at
the host sites approved by the Senior Immunization Advisory Committee site selection team that are within
the City's service boundaries. The number of total vaccinations will be based upon mutual agreement with the
EMS Chief and the Agency on Aging, as well as vaccine availability. The Agency on Aging will notify the
City at least four to six weeks in advance of the date, time and location of each site. The immunizations will
be given each year starting between October 1 st and October 15th.
2.The City will provide copies to Agency on Aging of the Client Registration Form, with all personal
identifiers removed, on the 15th of each month that immunization are provided, beginning November 15th.
3.The City will pick up vaccinations from the Health Care District (HCD) Phannacy distribution center in West
Palm Beach, (at no cost to the City) and store any unused vaccine as recommended by the manufacturer.
4.The City will keep a record of the number of dosages checked out each day and the number of dosages used
at each site. This information will be provided to Agency on Aging on the 15th of each month beginning
November 15th.
Serving Seniors in Palm Beach. Martin. St. Lucie. Indian River. Okeechobee Counties
Palm Beach Office:
1764 N. Congress .-\ venue. Suite 201
West Palm Beach, Horida 33409
(561) 684-5885. Fax (561) 697-7250
SC 256-7239 . SC Fax 256-7250
l)EPARTMENT O~
Treasure Coast Office:
Orange Blossom Business Center
4160 Okeechobee Road. Suite 55-4
Fort Pierce, FL 34947
(772) 467-0008. Fax (772) 429-2172
ELDER
AFFAIRS
STATI!:OEFl.OIttDA
Funded in part by the State of Florida Department of Elder Affairs
Senior Immunization Project
Memorandum of Agreement
Page 2 of3
Compensation
1. One hundred dollars ($100.00) will be given as a stipend for each personnel, not to exceed 10
paramedics, in all from an individual city, for stipends to Fire Rescue personnel for influenza
immunization training based on approval of the Agency on Aging.
2. $200.00 stipend for supplies.
3. Upon execution of the initial Memorandum of Agreement, the Agency on Aging will provide funding
for two coolers with ice packs and thermometers to the City. Cooler will be used in transporting
vaccinations to the host sites. The coolers will become the exclusive property of the City upon
termination of this Memorandum of Agreement, or otherwise, returned to HCD Pharmacy.
4. The City- will be issued a check in an amount to be determined by the number of personnel
trained, within thirty days of the execution of this Memorandum of Agreement.
Termination/Extension
This Memorandum of Agreement is subject to termination, prior to its expiration, upon
either party delivering to the other party written notice of intention to terminate this
Memorandum of Agreement, which will become effective immediately thereafter, or, later
upon written mutual agreement of the parties. This Memorandum of Agreement may
be extended beyond the initial period upon written mutual agreement of the parties.
This agreement is further subject to availability of funding to support the project.
Governing Law
This Memorandum of Agreement will be interpreted and construed in accordance with and
governed and enforced by the laws of the State of Florida.
Whole Memorandum of Agreement
This Memorandum of Agreement constitutes the sole and exclusive understanding and
agreement between the parties with respect to the subject matter hereof, and shall not be
modified except in writing by the parties.
Senior Immunization Project
Memorandum of Agreement
Page 3 of 3
In Witness thereof, the parties have executed this Memorandum of Agreement.
City of Boynton Beach
City Manager
City of Boynton Beach
City Clerk
City of Boynton Beach
City Attorney
Date
Date
Date
Signed by:
~_.-
Area Agency on Aging of Date
Palm Beach Treasure Coast, Inc.
Jaime Estremera- Fitzgerald,
Chief Operating Officer
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Area Agency on Aging
Palm Beach/Treasure Coast Inc
Answers on Aging. Assistance.Advocacy.
MEMORANDUM OF AGREEMENT
The Senior Immunization Project is a collaborative community partnership, sponsored by the
Area Agency on Aging of Palm Beach/Treasure Coast, Inc., to prevent illness in the senior population
in Palm Beach County. The purpose of the Senior Immunization Project is to reduce mortality and
morbidity among the elderly from vaccine preventable diseases by increasing the number of
seniors aged 60+ who receive influenza, pneumococcal, and tetanus vaccines.
This Memorandum of Agreement, dated 2006, is between Area Agency on Aging
of Palm Beachffreasure Coast, Inc. (hereinafter referred to as Agency on Aging) and the City of Boynton
Beach, (hereinafter referred to as City).
In consideration of the mutual promises and covenants herein contained, the parties agree as follows:
Term
This Memorandum of Agreement shall be for the period of July 1, 2006 through March 1, 2009.
Services:
1. The City agrees to provide influenza, pneumococcal, and tetanus vaccinations to individuals, who present at
the host sites approved by the Senior Immunization Advisory Committee site selection team that are within
the City's service boundaries. The number of total vaccinations will be based upon mutual agreement with the
EMS Chief and the Agency on Aging, as well as vaccine availability. The Agency on Aging will notify the
City at least four to six weeks in advance of the date, time and location of each site. The immunizations will
be given each year starting between October 1 st and October 15th.
2.The City will provide copies to Agency on Aging of the Client Registration Form, with all personal
identifiers removed, on the 15th of each month that immunization are provided, beginning November 15th.
3.The City will pick up vaccinations from the Health Care District (HCD) Pharmacy distribution center in West
Palm Beach, (at no cost to the City) and store any unused vaccine as recommended by the manufacturer.
4.The City will keep a record of the number of dosages checked out each day and the number of dosages used
at each site. This information will be provided to Agency on Aging on the 15th of each month beginning
November 15th.
Serving Seniors in Palm Beach. Martin . St. Lucie. Indian River. Okeechobee Counties
Palm Beach Office:
764 N. Congress .~venue _ Suite 201
est Palm Beach, Florida 334D9
(561) 684-5885 - Fax (561) 697-7250
SC 256-7239 - SC Fax 256-7250
DEP.&JlTMENT OF
Treasure Coast Office:
Orange Blossom Business Center
4160 Okeechobee Road - Suite 55-4
Fort Pierce, FL 34947
(772) 467-0008 - Fax (772) 429-2172
ELDER
AFFAIRS
ST"n!:OF~
Funded in part by the State of Florida Department of Elder Affairs
Senior Immunization Project
Memorandum of Agreement
Page 2 of3
Compensation
1. One hundred dollars ($100.00) will be given as a stipend for each personnel, not to exceed 10
paramedics, in all from an individual city, for stipends to Fire Rescue personnel for influenza
immunization training based on approval of the Agency on Aging.
2. $200.00 stipend for supplies.
3. Upon execution of the initial Memorandum of Agreement, the Agency on Aging will provide funding
for two coolers with ice packs and thermometers to the City. Cooler will be used in transporting
vaccinations to the host sites. The coolers will become the exclusive property of the City upon
termination of this Memorandum of Agreement, or otherwise, returned to HCn Pharmacy.
4. The City will be issued a check in an amount to be determined by the number of personnel
trained, within thirty days of the execution of this Memorandum of Agreement.
TerminationlExtension
This Memorandum of Agreement is subject to termination, prior to its expiration, upon
either party delivering to the other party written notice of intention to terminate this
Memorandum of Agreement, which will become effective immediately thereafter, or, later
upon written mutual agreement of the parties. This Memorandum of Agreement may
be extended beyond the initial period upon written mutual agreement of the parties.
This agreement is further subject to availability of funding to support the project.
Governing Law
This Memorandum of Agreement will be interpreted and construed in accordance with and
governed and enforced by the laws of the State of Florida.
Whole Memorandum of Agreement
This Memorandum of Agreement constitutes the sole and exclusive understanding and
agreement between the parties with respect to the subject matter hereof, and shall not be
modified except in writing by the parties.
Senior Immunization Project
Memorandum of Agreement
Page 3 of3
In Witness thereof, the parties have executed this Memorandum of Agreement.
Signed by:
City of Boynton Beach
City Manager
Date
-
Area Agency on Aging of Date
Palm Beach Treasure Coast, Inc.
Jaime Estremera-Fitzgerald,
Chief Operating Officer
~ity of Boynton Beach
":ity Clerk
Date
City of Boynton Beach
City Attorney
Date
if' if:
~~,~~ ~ (' 9/24/03
l0/
R03-li3
MEMORANDUM OF AGREEMENT
ADULT IMMUNIZATION SERVICES
This Memorandum of Agreement is entered into between the State of Florida, Department of
Health, Palm Beach County Health Department, hereinafter referred to as the "Health
Department," and the City of Boynton Beach hereinafter referred to as the "City."
THE PARTIES AGREE:
I. The Health Department Agrees:
A. To provide training for the Adult Immunization Initiative to the City Paramedics.
B. To provide Public Health Nurses who will assist in organizing flu and pneumococcal
services to the low-income, largely minority, senior population.
C. To provide Public Health Nurses who will do problem solving and answer technical
questions as needed by Phone.
D. To provide a list to the City of those Paramedics that have successfully passed the
training.
II. The City Agrees:
A. To assign paramedics who will provide immunization services. Each assigned
paramedic must have successfully completed the Health Department adult
immunization training and received a passing grade on the final test.
B. To assess each client's need for the vaccine by using a screening questionnaire
supplied by the Health Department. The screening questionnaire will assist the
paramedics to assess each client's health status, allergies, and reactions to previous
immunizations.
C. To administer to each client the correct vaccines utilizing the correct routes, sites, and
doses according to established Health Department and CDC protocols.
D. To document immunization actions on the immunization card, or approved consent
form and on the Client Immunization Record Card or other approved form.
E. To be responsible for proper storage and handling of the vaccine and to adhere to
vaccine storage and handling requirements during transportation of the vaccine and at
the community site.
F. To be responsible for acquiring and picking up the vaccines at Health Care Pharmacy
Distribution Center.
G. To be responsible for supplies needed for vaccine administration such as syringes
sharps containers, alcohol wipes and gloves and supplies needed for vaccine storage
at outreach sites such as coolers and ice packs.
H. To adhere to the Health Department's established Courtesy Standard, which states:
"Treat customers, the public, and staff with courtesy, respect, and dignity and present
a positive public image."
I. To refer to the Public Health Nurse questions that may reqUIre more in-depth
immunization knowledge or problem solving.
J. To be responsible for scheduling sites and working with site coordinators.
K. A schedule of planned outreach sites including dates and times will be given to the
Health Department's Immunization Program Coordinator two weeks in advance of
when the outreach is planned. This information will enable coordination of activities
with the Health Department and Palm Beach County Adult Immunization Coalition.
L. To be fully responsible for the negligent acts or omissions or intentional acts of
paramedics they employ who are participating in the immunization initiative and to
ensure that appropriate professional and liability insurance coverage is maintained for
the paramedics. Nothing herein shall be construed as a waiver of sovereign immunity
wherein sovereign immunity applies.
M. The City shall maintain confidentiality of all data, files, and records including client
records related to the services provided pursuant to this agreement and shall comply
with state and federal laws, including, but not limited to, sections
384.29,381.004,392.65 and 456.057, Florida Statutes. Procedures must be
implemented by the City to ensure the protection and confidentiality of all
confidential matters. These procedures shall be consistent with the Health
Department Information Security Policies, 1999-2000, as amended, which is
incorporated herein by reference and the receipt of which is acknowledged by the
City upon execution of this agreement. The City will adhere to any amendments to
the Health Department's security requirements provided to it during the period of this
agreement. The City must also comply with any applicable professional standards of
practice with respect to client confidentiality.
N. HIP AA. Where applicable, the City will comply wit the Health Insurance Portability
Accountability Act as well as all regulations promulgated thereunder (45CFR Parts
160, 162, and 164).
III. The City and the Health Department Mutually Agree:
A. Effective and Ending Dates
i. This Agreement shall become effective on the date on which both parties
have signed the Agreement. It shall end on March 1, 2008.
B. Termination
- 2 -
x: \contracts&grants\programs\epidemioJogy\fy03 04\boynton. doc
I. Termination at Will
This Agreement may be terminated by either party without cause upon no
less than thirty (30) calendar days notice in writing to the other party
unless a lesser time is mutually agreed upon in writing by both parties.
Said notice shall be delivered by certified mail, return receipt requested, or
in person with proof of delivery.
ll. Termination for Breach
This Agreement may be terminated for either party's non-performance
upon no less than twenty-four (24) hours notice in writing by the non-
breaching party. Waiver of breach of any provisions of this Agreement
shall not be deemed to be a waiver of any other breach and shall not be
construed to be a modification of the terms ofthis Agreement.
C. Indemnification
The Health Department as a state agency agrees to be fully responsible to the limits
set forth in Section 768.28 F.S. for its own negligent acts which result in claims or
suits against the Health Department arising out of this contract, and agrees to be liable
to the limits set forth in Section 768.28 F.S. for any damages proximately caused by
said acts or omissions. The City agrees to be fully responsible to the limits set forth
in Section 768.28, F.S., for its own negligent acts which result in suits or claims
against the City arising from this contract, and agrees to be liable to the limits set
forth in Section 768.28, F.S., for any damages proximately caused by said acts or
omISSIons.
D. Relationship
Nothing herein shall create or be construed to create an employer-employee, agency,
joint venture, or partnership relationship between the parties.
E. Renegotiation or Modification
Modifications of provisions of this Agreement shall only be valid when they have
been reduced to writing and duly signed by both parties.
F. Official Representatives
I. For the Health Department:
Name:
Title:
Organization:
Mailing Address:
TelephonelFax:
E-mail:
Barbara M. O'Malley, R.N.B.L.S.
Senior Community Health Nursing Supervisor
Palm Beach County Health Department
1050 15th Street West, Riviera Beach, F1.33404
(561) 840-4568/(561) 845-4496
barbara _0' malley@doh.state.fl.us
- 3 -
x : \contracts& gran Is\ pro grams \ep idem i 01 0 gy \fy 0 304 \to y nto n. doc
ii. For the City:
Name:
Title:
Organization:
Mailing Address:
Telephone/Fax:
E-mail:
Name:
Title:
Organization:
Mailing Address:
Telephone/Fax:
E-mail:
Mike Landress
Chief
City of Boynton Beach
(561)742-6337/
landressm@ci.boynton-beach.fl.us
City of Boynton Beach
G. All Terms and Conditions Included
This Agreement contains all the terms and conditions agreed upon by the parties.
There are no provisions, terms, conditions, or obligations other than those contained
herein, and the Agreement shall supersede all previous communications,
representations, or agreements, either verbal or written between the parties. If any
term or provision of the Agreement is found to be illegal or unenforceable, the
remainder of the Agreement shall remain in full force and effect and such term or
provision shall be stricken.
- 4-
x: \contracts& grants\ programs \epi demiol 0 gy\fy03 04\boynton. doc
IN WITNESS THEREOF, the parties hereto have caused this ~ page Agreement to be executed
by their undersigned officials as duly authorized.
CITY OF BOYNTON BEACH ST A TE OF FLORIDA
DEPARTMENT OF HEALTH
PALM BEACH COUNTY HEALTH DEPARTMENT
DATE:
iO\onl O~
SIGNED
NAMr Marie Malecki, MD, MPH, FACPM
TITLE: Director
SIGNED BY:
NAME:
KURT BRESSNER
TITLE: City Manager
DATE:
CITY OF BOYNTON BEACH
- 5 -
x: \ con tracts&grants\pro grams\cp id emi 010 gy\fyO 304\ bo y nton. doc
FLORIDA DEPARTMENT OF
John O. Agwunobi, M.D., M.B.A.
Secretary
Jeb Bush
Governor
HEAL T
November 10, 2003
Mike Landress
Chief
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33435
Re: Transmittal of Fully Executed Adult Immunization Memorandum of
Agreement
Dear Mr. Landress:
Enclosed is the signed original of the subject document. The term of the document is
understood to be October 30, 2003 and shall end March 1 t 2008.
Please feel free to contact me at (561) 840-4522 if there are any questions concerning
this correspondence.
Sincerely,
~~~
Lee R. Petereit
Contract Administration
Ene!.
cc: B. O'Malley
file
Palm Beach County Health Department. 1050 West 15th Street, Riviera Beach, FL 33402
c:\lemp\agtn2ex5.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORN~
VI.-CONSENT AGENDA
ITEM C.2
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 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
~ April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
CO)
0 April 17, 2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon) -, '.-J--1
May 2, 2006 :'---~-<
0 0 -, ~. i.-_..~J
May 16,2006 May 1,2006 (Noon) July] 8, 2006 July 3, 2006 (Noon) "..
,-:J ~-~)
,-.c, ~
0 Administrative 0 Development Plans --
-.-:I ~, ~ -!
. - , .
~ Consent Agenda 0 New Business --
NATURE OF ".-'.j !
AGENDA ITEM .. .J
0 Public Hearing 0 Legal .i':- --~. ril
'1_
,. -., irl~~
0 0 '-",
Bids Unfinished Business ~.c
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDA TION:
Approve and execute by resolution, a Right-of-Entry agreement with South Florida Water
Management District (SFWMD) for the City's Floridan Aquifer Monitoring wells.
EXPLANATION:
On April 5, 2006, the City Commission approved the construction of two (2) dual-zone monitoring
wells, Bid #016-2821-05/JA for the purpose of collecting water quality data for possible future
water sources. It was determined that the city would only drill the two (2) wells and install a well-
head at each location, deleting installation of equipment for data collection that would have been
performed by the city. The Right-of-Entry agreement will allow the SFWMD to install and
maintain the additional equipment necessary for monitoring purposes. The two (2) locations are
owned by the city as described:
Site No.1 - 3111 South Congress Avenue, Boynton Beach
GISmo map attached
Site No.2 - NW 22ND Avenue (PCN 08-43-45-17-09-000-0921), Boynton Beach
GISmo map attached
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT:
The activities conducted by the SFWMD will focus exclusively on obtaining water level and water
quality data, enhancing its Floridan Aquifer System (F AS) monitor well network throughout
south Florida. The information obtained will be used to prepare a regional aquifer model and
evaluate the use of the FAS as a water supply source, reinforcing SFWMD's recommendation to
quantify the Floridan Aquifer as an alternative water supply source. All data gathered by
SFWMD will be shared with the City of Boynton Beach either directly or indirectly as requested
by the City of Boynton Beach.
FISCAL IMPACT:
The SFWMD will incur all costs associated with installation, maintenance and collection activities,
and without limitation, any future well-head modifications and any associated minor permit
modifications fees. This agreement may be extended for up to five (5) successive renewal terms of
five (five) years each upon mutual consent by both parties at no cost to the city.
ALTERNATIVES:
The SFWMD will collect and provide valuable data throughout south Florida. This data will aid
the district in identifying appropriate Consumptive Use Permitting rulemaking criteria. It would
be in the best interest of the City, State and our local environment to approve this Right-of-Entry
agreement.
\<4- ~~~~
" Kofi Boateng, Utilities Director \
&Manager
Utilities
Department Name
City Attorney 1 Finance 1 Human Resources
Attachments:
One original Right-of-Entry Agreements
Two (2) GISmo site location maps (1 of each site)
^ 2c: Kofi Boateng, Utilities Director
\7 ~ete Mazzella, Deputy Utilities Director
PMT File
,~aul Fleming, Sr. Project Manager
Barb Conboy, Administration Manager
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
1 RESOLUTION NO. 06-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND APPROVING A
5 RIGHT OF ENTRY AGREEMENT BETWEEN THE
6 CITY OF BOYNTON BEACH AND SOUTH FLORIDA
7 WATER MANAGEMENT DISTRICT (SFWMD) FOR
8 THE FLORIDAN AQUIFER MONITORING WELL
9 ACCESS AGREEMENT; AND PROVIDING AN
10 EFFECTIVE DATE.
11
12 WHEREAS, On April 5, 2006, the City Commission approved the construction of
13 two (2) dual-zone monitoring wells for the purpose of collecting water quality data for
14 possible future water sources, and;
15 WHEREAS, It was determined that the City would only drill the two (2) wells,
16 deleting installation of equipment for data collection that would have been performed by the
17 City, and;
18 WHEREAS, the right of entry agreement will allow the SFWMD to install and
19 maintain the additional equipment necessary for monitoring purposes.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25
Section 2.
The City Commission of the City of Boynton Beach, Florida does
26 hereby authorize and approve the Right of Entry Agreement between the City of Boynton
27 Beach and South Florida Water Management District., said Agreement is attached hereto as
28 Exhibit "A".
Section 3.
2 Agreement.
3
Section 4.
The Mayor and City Clerk are authorized and directed to execute said
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of April, 2006.
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ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
City Clerk
(Corporate Seal)
RIGHT OF ENTRY
Project: FLORIDAN AQUIFER MONITORING WELL ACCESS AGREEMENT
The city of Boynton Beach, a political sub-division of the state of Florida, through its Department
of Utilities ("Property Owner"), whose mailing address is 124 East Woolbright, Rd, Boynton
Beach, FL 33435 and SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a public
corporation of the State of Florida ("District"), whose principal office is located at 3301 Gun
Club Road, West Palm Beach, Florida, hereby agrees that District, its agents, contractors,
employees and assigns, are hereby granted a non-exclusive right to enter upon that certain real
property (the "Property") owned by Property Owner, located at 3111 South Congress Avenue
(PCN 08-43-46-06-00-000-1000), and NW 22ND Avenue (PCN 08-43-45-17-09-000-0921),
Boynton Beach, in Palm Beach County, Florida, as depicted on Exhibit "A" (for the Congress
Avenue site) and Exhibit "B" (for the NW 22ND Avenue site) attached hereto (site maps) and
incorporated herein by reference, for the purposes described below. The location(s) of the
equipment to be installed on the Property shall be mutually agreed upon by the parties hereto
prior to the District exercising any of its rights under this Right of Entry.
Project Description
I. Purpose
The District desires to enter into this agreement to enhance its Floridan Aquifer System (F AS)
monitor well network throughout the south Florida region. This monitoring effort is intended as
a long term initiative, so that sufficient information can be obtained to reduce data gaps in the
development and calibration of a regional aquifer model. The model will be used to evaluate
competing uses of the F AS as a water supply source, and identifY appropriate Consumptive Use
Permitting (CUP) rulemaking criteria.
Enhancing the present FAS monitoring network is a direct result of the District's Water Supply
Plan Initiatives. Both the Lower East Coast (LEC) and Lower West Coast (L WC) Regional
Water Supply Plans recommend the Floridan Aquifer as an "alternative water supply source"
through implementation of Aquifer Storage and Recovery (ASR) techniques and reverse osmosis
technology. The Water Supply Plans also recommend developing a regional FAS ground water
flow model using aquifer data collected from District sponsored projects, as well as individual
facilities/utilities currently utilizing and monitoring the Floridan aquifer.
II. Activities
District activities conducted on the Property will focus exclusively on obtaining water-level
and water-quality data. All monitoring will be passive in nature and will be conducted in a
manner so as to minimize any disruption to normal facility operations.
The major activities proposed at each monitoring site consist of: (a) equipment installation, and
(b) data collection. It is agreed that the District shall incur all costs associated with installation,
including without limitation well-head modifications and any associated minor permit
modification fees, and collection activities as described herein.
II. Activities - continued
The District shall also be responsible for the maintenance of any and all equipment installed on
the Property pursuant to this Right of Entry.
a. Equipment installation. Staff from the District's Electronic Support and Data Acquisition
(ESDA) Division, or an approved contractor will install data-logger housings, and automated
electronic water-level recording equipment on selected wells. All monitor well pads will be
surveyed to National Geodetic Vertical Datum (NGVD) by District staff.
b. Data collection. Water-level data from the monitor wells will be collected digitally in real-
time or downloaded periodically by District staff or an approved contractor for archiving.
Typically, one to two field technicians using a portable computer will download the electronic
data-loggers monthly as well as perform routine maintenance on the equipment. During the first
few months following installation, data-loggers may be downloaded twice per month to
troubleshoot equipment problems and ensure that all installations are performing as intended.
Separate site visits may be scheduled during the course of the year to maintain, repair or upgrade
equipment as deemed necessary. All District personnel access to the Property during all on-site
visits these trips will be coordinated with the Facility/Utility Director or his designee.
On a quarterly basis, District staff or an approved contractor may collect a groundwater sample
for chemical analysis from selected wells. To ensure a representative sample from the monitor
zone of interest, it will be necessary to purge the well before obtaining the water sample. As a
result (and to minimize any inconvenience), the District/contractor will notify the Facility/Utility
Director in writing before sampling to assure proper facility protocols are met. The District-
operated laboratory will analyze the Floridan aquifer samples for chloride and total dissolved
solid concentrations.
The Property Owner and the District hereby agree as follows:
1. The Property Owner hereby acknowledges that (i) any equipment or physical
structure (i.e. water well) placed on the Property by the District shall remain the
property of the District, and (ii) all such equipment shall be removed from the
Property, and any wells capped or filled in, by the District on or before the
termination of this Right of Entry.
2. The District agrees that upon completion of the activities proposed in this Right
of Entry, any portion of the Property which is damaged as a result of activities
conducted by the District pursuant to this Right of Entry will be returned to the
same condition that it was in on the date hereof.
3. The Property Owner shall allow all authorized representatives of the District,
their vehicles and equipment access to the Property upon reasonable written
notice in order to implement and carryout the activities described herein.
4. This Right of Entry does not convey any District property rights or equipment to
the Property Owner nor any rights and privileges, other than those specified
herein.
Page 2 of 4
5. Entry into this Right of Entry Agreement does not relieve the Property Owner's
obligations to comply with other federal, state or local laws, regulations or
ordinances, or the requirements of District issued water-use permit(s).
6. This Right of Entry may be modified only upon the mutual consent of both
parties, submitted in writing.
7. Prior to any sale, transfer or conveyance of the Property, the District requests
notification so that alternative agreements or arrangements may be made by the
District, if necessary.
8. Provided this Right of Entry has not otherwise been terminated by either party as
provided herein, the term of this Right of Entry may be extended for up to five
(5) successive renewal terms of five (5) years each upon mutual consent by the
parties hereto. All terms, conditions, covenants and provisions of this Right of
Entry shall apply during all renewal terms, if any are experienced.
9. This agreement may be terminated by either party upon ninety (90) days written
notice to the non-terminating party, with paragraphs 1 and 2 above, being
applicable.
10. To the extent permitted by law for Florida governmental entities, the District will
hold the property owner harmless from any actions brought by third parties for
damage to person or property as a result of the District's activities on owner's
property .
Page 3 of 4
Witness our hands and seals this _ day of
, 2006.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
By:
Chip Merriam, Deputy Executive Director, Water Resources Management
PROPERTY OWNER; CITY OF BOYNTON BEACH, FLORIDA
Facility: Congress Avenue Park (Monitor Well No. FDZ-02) and
Quantum Park (Monitor Well No. FDZ-Ol)
By:
Print Name: Jerry Taylor
Title: Mayor
By:
Print Name: Janet Prainito
Title: City Clerk
By:
Print Name: James Cherof
Title: City Attorney
Page 4 of 4
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Palm Beach County Property Appraiser Property Search System
Page 1 of 1
Location Address: 3111 S CONGRESS AVE
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Municipality: BOYNTON BEACH
Parcel Control Number: 08-43-46-06-00-000-1000
Subdivision:
Official Records Book: Page: Sale Date:
I,..egal De_scription: 6-46-43, ELY 975 FT OF SLY 996.81 FT OF N 1782.18 FT OF NE 1/4
L YG S OF CHARTER DR N (LESS E 60 FT SR 807 R/W)
Owner Information
Name: BOYNTON BEACH CITY OF
Mailing Address: PO BOX 310
BOYNTON BEACH FL 33425 0310
Sales Information
Sales Information Unavailable.
Exemptions
Full: Municipal Government: $569,824
Total: $569,824
Year of Exemption: 2006
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
20Q.5 :l004 20Q3
295.485 $298.562 301.641
244.080 . $244.080 244.080
539 565 $542.642 545.721
Tax Year 2005
Number of Units: 0
*Total Square Feet: 1330
Acres: 20.34
Use Code: 8200
Description: FOREST/PK/REC
* in residential properties may indicate living area.
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
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Tax Year: :lOPS 2004 2_0.03 -
Ad Valorem: $0 so $0
Non Ad Valorem: $0 $0 $0 I~rl
Total Tax: $0 $0 $0
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Location Address: NW 22ND AVE
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Legal.. Oe~~riptiQn:
BOYNTON BEACH
08-43-45-17 -09-000-0921
QUANTUM PARK AT BOYNTON BEACH PL 3
Page: Sale Date:
QUANTUM PARK AT BOYNTON BEACH PL 3, LT 92 (LESS SW 50.01 FT
OF NE 55.01 FT OF NW 50 FT OF SE 55 FT K/ A UNISITE INC
Municipality:
Parcel Control Number:
Subdivision:
Official Records Book:
Owner Information
Name: BOYNTON BEACH CITY OF
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Mailing Address: PO BOX 310
BOYNTON BEACH FL 33425 0310
Sales Information
Sales Information Unavailable.
Exemptions
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Total: $259,719
Year of Exemption: 2006
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
\J~eCQde:
Tax Year 2005
Number of Units: 0
Acres: 17.3893
Assessed and Taxable Values
Tax Year: 2005
Assessed Value: $236 15
Exemption Amount: 0
Taxable Value: 236 154
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RESOtrJT10N NO, 11.06_
A RESOLIJTION OF THE CIT
Fl.OlUDA Y OF BOYNTON BEACll
EXECIJTIbN ~~n:::'llIZING AND DIRECTING
SE~VJCE OIJTSIDE :A;~~7:~T Fo~ W A TE~
COVENANT FO ~ LIMITS .4.JVD
CITy OF BOYN: ANNEXA TION BETWEEN THE
l0I.T1JEllINE ED::N BEACfI .4.JVD CEDII.IC1( AND
EF'FECTI\1Ji; DA TE. ARDS; AND PROVIDING .4.JV
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Wl/EREAS, the SUbject property is located Outside of the City Un,'t b '.
"11 s, ut WIthm OUr
Water and seWer servic r. h
e area, Ort e Property located at 1098 S
' eagraPe Road, take WOrth,
Flooda (HYpoluxo Ridge Add 2, tot 51); and
Wl/ERE.4..S, the parcel covered h th ' .
Y IS agreement COntarns a Single-family home, and
are located in the San CastJelRidge Grove Project area; and
WHERE.4..S, Only POtable Water is aVailable for conuect' t h
' IOn 0 t e property at this
t1l11e due to recent W t '.
a er marn imProvements constructed by Palm BeaCh C t
' OUn Y as part of a
'1 ghborlrood improvement project;
Wl/ERE.4..S, a Water distribution . h
l11am as recently been C0l11p1eted th'
On 1S street
'g for service to this Parcel; and
'IlERE.4..S, no additional construction Will be . db.
reqUIre Y the C1ty to serve this
THEREFoRE, BE IT REsOLVED Ill' TlIE CITy COMMISSION OF
~OYNTON BE.4..ClI, FLOllID.4.., TH.4..T:
The foregoing "Whereas" claUses are hereby ratified and confirmed as
and are hereby made a speci lie Part of this Reso lu tion lIpon adOPtion
)ty Manager is hereby authOriZed and directed to eXeClIte a Water
I
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., VJcelEdwards Water SerVice A gr. doc
Service Agreement between the City of Boynton Beach, Florida and Cedrick and Katherine
2 Edwards, said Agreement being attached hereto as Exhibit "A".
3
Section 3.
This Resolution shall become effective immediately upon passage.
4
5 PASSED AND ADOPTED this _ day of April, 2006.
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
10 Mayor
11
12
13 Vice Mayor
14
15
16 Commissioner
17
18
19 Commissioner
20
21
22 Commissioner
23 ATTEST:
24
25
26 City Clerk
27
28
29 (Corporate Seal)
30
31
32
S:\CA\RESOlAgreements\Water Service\Edwards Water Service Agr.doc
Google Local - ] 098 Seagrape Road, Lake Worth, Florida
Page I of I
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4/6/2006
THIS INSTRUMENT PREPARED BY:
Jame~ A. Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LlMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this _ day of ,200_, by and between
C)c.JV'~\ d<.... S:J..\~l~iCh.. ': Ko...-tt\eiu\...~ b:lwvcls 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 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 ofthe 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:
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 instaIlation and maintenance of water service lines upon the Customer's premises.
All such lines shaIl 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 ofthe Customer,
in which case the Customer will pay in advance all estimated costs thereof. In the event the City has
such work perfonned, 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 ofthe 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 cOll.'lecting 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.
9. Annexation is intended to be and is hereby made a covenant running with the land
described in Paragraph 1 ofthis Agreement. This Agreement and the power of attorney referenced
herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding
on the Customer and all subsequent transferees, grantees, heirs, 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
S:ICAIAGMTSIWater ServicelWater Service Agreement - Rev 1.6.06.doc
2
prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or
other agt'ncics having jurisdiction over such matters. Also, the City shall have no liability in the
event there is a reduction, impairment or termination of water service due to acts of God, accidents,
strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the
City's reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold harmless the City of
Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and
agents (Both in their individual and official capacities) from and against all claims, damages, law
suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in
connection with post judgment collection) and costs rising out of or resulting from the Customer's
obligation under or performance pursuant to this Agreement including disputes for breach of
warranty of title.
12. No additional agreements or representations shall be binding on any of the parties
hereto unless incorporated in this Agreement. No modifications or change in this Agreement shaII 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.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
S :\eA \AGMTS\ Water Service\ Water Service Agreement - Rev 1-6--06.doc
3
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENN'S.:I;R ANNEXA TION B.ET~THE CIT)' OF BOYNTON BEACH AND
~ . ldL Qw~ '{ I ,,,-~ QU-llydL(INSERT NAME)
-M il'f WI.TN.ESS WHEREOF, the parties hereto have set their hands and seals this ~ day of
, c:v~ _~_ , 200 Se.
WITNESS:
~~~j-'
Witness Signature .
(rf/J~N COt-L-1 AN
Printed Witness Name
FOR INDIVIDUAL(S) NOTARlZATION:
STATE OF r::JIJr ida )
) ss:
COUNTY OF fJlLl>>11 (JPat'h )
INDIVIDUAL(S) AS OWNER(S):
k,// 1. ~
Owner Signature "
L~ Jv(~d- LL->o<-,J(
~
Pnnted Owner Name
~
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
le.drido( +~fhe.-ri)l\e E:dwlU'1;l.s 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: FJ.. D L
WITNESS my hand and official seal in the County and State last aforesaid this J-D day of
fY\a.n~~h.. , 200k.
(Notary Seal)
l$..::;"~ri:;;;..... VAlORIE MOATS
. ;.i MY COMMISSION' DO 34i198
...;.~f EXPIRES: September 17. 2008
. .......... Bonded Thru Notary Public Underwriters
~ 111~
Notary Public
My Commission ex
AGREEMENT FOR WATER SERVlCE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
C ec1v- ~ e.k t=Juja.rJs ~ tLJ.k;"ve.. G:k, Ar'dLJINSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
Kurt Bressner, City Manager
ATTEST:
City Clerk
Approved as to form:
City Attorney
ST A TE 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 III 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.
WITNESS my hand and official seal in the County and State last aforesaid this
, 200_.
day of
(Notary Seal)
Notary Public
My commission expires:
S:\CA \AGMTS\Water Service\Water Service Agreement - Rev I --6--06.doc
5
Palm Beach County Property Appraiser Property Search System
Page I 01'2
location Address: 1098 SEAGRAPE RD
t~,"'~2YJe~14+,,1
^""'~'''''Y-'~:r''1- ,.;. ' v, -_ ,_.v;v._ecc_".,.
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-14-000-0510
Subdivision: HYPOLUXO RIDGE ADD 2 IN
Official Records Book: 09794 Page: 0038
l~scription: HYPOLUXO RIDGE ADD 2, LT 51
Owner Information
Sale Date: May-1997
Name: EDWARDS CEDRICK L llt KATHERINE
l"'i~~%,.J
;Ni%:S!." "_ ,'0 . .,~.,,,,",,,:,,_;,
Mailing Address: 1098 SEAGRAPE RD
LAKE WORTH FL 33462 595 4
Sales Information
Sales Date
Book/Page
May-1997
Q.9794/.9.Q38
Sep-1996
Q2.:?J"U067.2
$91,000 C ERT OF TITLE
Sep-1996
9~4.~UlQ~Q
Year of Exemption: 2006
Exemptions
Pr i ce ~<:!JeTY~e
Owner
$56,900 WA RRANTY DEED
$100 WA RRANTY DEED
Regular Homestead: $25,000
Total: $25,000
Appraisals
ssesse an axa e a ues
Tax Year: 2005 7004 2003
Assessed Value: 80.83 7848 77 019 l~p"~J
Exemption Amount: 25.00 2S,00 25,000
Taxable Value: 55.83 53.48 52 019
Tax Year:
Improvement Value:
land Value:
Total Market Value:
Use C.Qde: 0100
A
d
dT
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2005
"109 95
"30.51
U40.468
2004
$94 61
$24,40
$119 01
Tax Year 2005
Number of Units: 1
*Total Square Feet: 2079
2003
$83,561
520,000
$103,561
Description: RESIDENTIAL
* in residential properties may indicate living area.
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Sk~~U 4-
http://www.co.palm-beach.fl.us/papalaspx/web/detail_info.aspx?p _ entity=0043450914000... 3/20/2006
THIS INSTRUMENT PREPARED BY
James A. Cherof, Esquire
Goren, Cherof, Doody and Ezrol. P .A.
3099 East Commercial Blvd.
Suite 200
FI. lauderdale, Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF Po I Jy\ (3e4.fJ})
W~,~ i 1(~IU1.~reinafter "Grantee",
""'>
hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and
I/We,
~~'l-J.
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 descn"bed 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:
PCN No.: 0 () - '-f3 - s.J 5 - Oq - f t/ - 000-05'0
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the ~ day of
Jl... iA..(<:1 , 20 0 Ctand the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the W day of
ffitU'ck
, in the year 20~
Sealed and delivered in the presence of
~ ~ubiJl;)1'l)lJA
WitJilttss gnatuee -
Cl!Aler(~ - Ob€frro..~
Print Name
0iUvQ ~
-etness Signature
am ( mCl~~
Print Name
Ca/!
~R~
Owner Signature 0__
(I~~.~l c,~~~~
Print Name
itness Signature
-JU III TN.4- III L ~
Print Name
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Witness
S (/0 ftN C OLeA }v,J'
Print Name
~
-~:~
Print Name
? L-'c<4 /
~~
STATE OF FLORIDA
)
) SS:
)
COUNTY OF PALM BEACH
THE FOREGOING INSTRUMENT was acknowledged before me this ~ day of
jY\Ar(A 2021., by ttzl"'l( k -+-~th~riJte. &WLtrJ~ and
, who are known to me or who have produced
F l D J- ' as identification an who did/did not take an oath.
3Y PU!3LIC }1
lorle:.... Otll.. f..s
Type or Print Name
Commission No.
My Commission Expires:
S:\CA\AGMTS\Water Service\power of atty.doc - 1..(i"{)6
H :\1990\900 I 82.BB\AGMT\Power of Attomey-Ind 1-30-06.
!$..::;;"~~< VALORIE MOATS
f*f '. ~ MY COMMISSION' DD 346198
~~. l EXPIRES: September 17, 2008
"" '" Bonded Thru Notary Public Underwriters
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VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM C.4.
AGENDA ITEM REQUEST FORl\...
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 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15,2006 (Noon)
t8J April 18, 2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon)
-
D D :=;--.)
May 2, 2006 April I?, 2006 (Noon) July 5, 2006 June 19,2006 (Noon) r.,
D May 16, 2006 May 1,2006 (Noon) D July 18,2006 July 3, 2006 (Noon)
D Administrative D Development Plans ..,> }-.~~~
I ....
t8J D .n
NATURE OF Consent Agenda New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Un[mished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION:
Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Marie Shields
for the property at 7756 Griswold St, Lake Worth, FL (Tropical Terrace LT 75).
EXPLANATION:
The parcel covered by this agreement includes a single-family home in Tropical Terrace. Only potable water is
available for connection to the property at this time. (See location map)
PROGRAM IMPACT:
A Water Distribution main exists in the vicinity, allowing for the service to this parcel. No additional construction will
be required by the City to serve this property.
FISCAL IMPACT: None
s Signature
~,
:. None. This parcel is within the Utilities service area.
Utilities
Department Name
City Attorney / Finance / Human Resources
XC: ~eter Mazzella (wi copy of attachments)
Michael Rumpf, Planning & Zoning "
Anthony Penn
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
I RESOLUTION NO. R06-
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 MARIE SHIELDS.;
9 PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water and sewer service area, located at 7756 Griswold Street, Lake Worth, Florida (Tropical
14 Terrace, Lot 75); and
15 WHEREAS, the parcel covered by this agreement will include a single-family home
16 located in Tropical Terrace in unincorporated Palm Beach County area; and
17 WHEREAS, a water distribution main has recently been completed on this street,
18 vicinity, allowing for the service to this parcel; and
19 WHEREAS, no additional construction will be required by the City to serve this
20 property.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section I.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26
Section 2.
The City Commission hereby authorizes and directs the City Manager
27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
28 Marie Shields, which Agreement is attached hereto as Exhibit "A".
29
Section 3.
This Resolution shall become effective immediately upon passage.
30
S:\CA\RESO\Agreements\Water Service\Shieldsl Water Service Agrecmentdoc
1
2
3
4 PASSED AND ADOPTED this _ day of April, 2006.
5
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
10
11 Mayor
12
13
14 Vice Mayor
15
16
17 Commissioner
18
19
20 Commissioner
21
22
23 Commissioner
24 Attest:
25
26
27 City Clerk
28
29 (Corporate Seal)
S:\CA\RESO\Agreements\Water Service\Shieldsl Water Service Agreement.doc
Google Local - 7756 Griswold Street, Lake Worth, Florida
Page 1 of 1
ogle
Local
http://maps.google.com/
4/6/2006
02/25/2005 04:43
5517425305
CUST SER'v'
PAGE 02
-p..,-----..-.--..
---.--.--.....-.-----.....----'.. ~'
TH1S lNSTRUMENT PREPARED BY:
Jamr.:; ^. Cherof, EsquiJe
(~'h f D--"'y & Enol P.A.
Goren, _' cro, ovu ,
3099 East commercill) Blvd.
S\lite 200
Fl. Lauderdale, FL 33308
AGREEMENT FOR WATER SERV1CE OUTSIDE
THE C1TY LlMlTS AND COVENANT FOR ANNEXATION
. d f 200 by and between
~ . THIS AGR~I;NJrfle (n this ~ ay 0 hereinafter called the "cus~o~er", and the
~{T~}B~YNTON B~ACH, a municipal corporation ofthe State of Florida, heremafter 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 ofBo}nton 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 ofthe 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 fo)]ows:
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 M 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 BO)llton 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 instaJ]ation and maintenance of water service Hnes upon the Customer's premises.
All such lines shall be approved by the Director of Uti Jities and subject to inspection by the City
B2/25/20B5 B4:43
5517425305
CUST SERIJ
PAGE 03
_",--,_"~_'''''___ _,.."..__._.,..__"i""---'--" """.,,~~""'-
Engineers. The City shaH 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 ofthe Cus~omer,
in which case the Customer will pay in advance all estimated costs thereof. In the event the Clty 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?y the
Customer unless written consent is granted by the City of Boynton Beach for other partles to
connect An 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 othetwise conveyed or abandoned to the property owner.
6. The Customer agrees to pay all cbarges, 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 rjghts-of~way or easements necessary to accommodate the connections shall be
provided by the Customer to the City.
8. The Customer shan, 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
shan 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 ofthe 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.
_ 9.. Annexation is intended to be and is hereby made a covenant running with the land
desc~b.ed m Paragraph ~ of this Agreement. This Agreement and the power ofattomeyreferenced
herem )s to be recorded m the Public Records of Palm Beach County, Florida, and shall be binding
on the Customer and aJl subsequent transferees, grantees, heirs, successors and assigns.
. . 10. It is agreed that the City shaH have no liability in the event there is a reduction
lmpamnent or termination in water service to be provided under this Agreement due to an;
$:\CA\AGMTSIW..ler SeTVicelWaler Service A8r"emenl - Rev l-l)..06.(lo.;
2
....-._....--._----_.__._-'_._.~.,'... .-"'....-.,..-..
0~/25/2005 04:43
5517425305
CUST SERV
PAGE 04
prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shan have no liabjJity in the
event there is a reduction, impaiJJllent 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.
J ] . The Customer hereby agrees to indemnify, defend and hold hannless 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 attomeys fees (whether or not incurred on appeal or in
connection with post judgment collection) and costs rising out of or resulting from tbe Customer's
obligation under or perfonnance 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.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
S:\CA \AGMTS\Wakr Service\WlIler Service Agreement - R~ 1-6--06.doc
3
02/25/2005 04:43
5517425305
CUST SERV
PAGE El~)
AGREEMENT FOR WATER SERVlCE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CJTY OF BOYNTON BEACH AND
'~(L\ A:I 5 \-\\ 0-\::> -:::> (INSERT NAME)
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ~ day of
_t'\~ ,200k.
WlTNESS:
/)~!!U_-
.
W~ss ,Si~~tur.e
VI. b L.OU..fI.J'S
:zz::.ess N2; k //
~A~ ~fiA ~
Witness Signature
'6"~1~.l,:\ e.€\C"A(L~
Printed Witness Name
~QQS
itne s Signature
. ::s tl \.\ t-.1 ? L28 Ci-\fl(zP ..:r:tL
Cl~d Wibl~.. ~.) =e
~jn..~ (~rU>Jt
Witness Signature
~Du ---re~
Printed Witness Name
INDNIDUAL(S) AS OWNER(S):
.. l ~~O~
~ature ~
t'l\A(2.\(\ 5 :Sit \ G1- C> -':':>
Printed Owner Name
N\A.
Owner Signature
NlA
Printed Owner Name
FOR INDNIDUAL(S) NOTARIZATION:
STATE OF hc;vo,{:J )
) 5S:
COUNTY OF }?;L~ BGI/CII )
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
Mf\a..lf~ r ;S H \ ~L.D :> 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 pTOof of
identification: rLl>L S '-{3L SLID '18 Sl.>l- 0
'. s;t:.
. 0'WI1NE8p my hand and o~. ciaJ seal in the County and State last aforesaid this f day of
J1 ~/~..-li ...1, , 200...l....
(Notary Seal)
\\11/1, J huB
~'i~Y/~~~?;" ~. ryan
~*:~':*~ Co~s~lOn #DD29796~L.n ~
~~"'" :.~-::: ExpIres. Mar 08, 2~tary Public'
"?OFf\.O,,- Bonded Thru
"""" Atlantic Bonding Co.. lne
My Commission expires:
02/25/2005 04:43
5517425305
CUST SERV
PAGE 05
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COV"~NANT FOR ;\NNEXATION BETWEEN THE CITY OF BOYNTON BEACH ANn
1\'\ t\;1lV\ I S\-\ \ at> ~ (INSERT NAME)
CITY OF BOYNTON BEACH, FLORlDA
a Florida municipal corporation
Kurt Bressner, City Manager
ATTEST:
City Clerk
Approved as to form:
City Attorney
STATE OF FLORIDA )
) S5:
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.
WI1NESS my hand and official seal in the County and State last aforesaid this
,200_.
day of
(Notary Seal)
Notary Public
My commission expires:
S:\CA\A.GMTS\W~le' ServiCC\WS1Cl' SCf'\licc Agrccmenl- Rev 1~6.00c
5
Palm Beach County Property Appraiser Property Search System
Page I of2
_i;!~Q]~JiI,Y~~PPfaiserj8 Public A:cl!>SS SY5lem
",,,," " ...
.:'" ~ f: - -
~,,~,~~.~ ,',,,, H'"
Property Information
Location Address: 7756 GRISWOLD ST
lilli~M"~!W2~;ijl
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-10-07-000-0750
Subdivision: TROPICAL TERRACE IN
Official Records Book: 11657 Page: 103 Sale Date: Mar-2000
Legal Description: TROPICAL TERRACE LOT 75
Owner Information
Name: SHIELDS MARIA I
1...411 nw.-,"",""~,, ,,\1
Mailing Address: 7756 GRISWOLD ST
LAKE WORTH FL 33462 6106
Sales Information
Sales Date Book/ Page
Mar-2000 11(jSZlol03
Oct-1986 05039/0991
Jul-1986 04958/1614
Price SalgTypg
$10 QUIT CLAIM
$49,500 WARRANTY DEED
$100 QUIT CLAIM
Owner
SHIELDS MARIA I
Exemptions
Regular Homestead: $25,000
Total: $25,000
Year of Exemption: 2006
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use Code:
Tax Year 2005
Number of Units: 1
*Total Square Feet: 2086
Description: RESIDENTIAL
* in residential properties may indicate living area.
A
d
dT
bl V I
ssesse an axa e a ues
Tax Year: :lO.QS 20Q4 2QQ3
Assessed Value: $53.993 52.42(] 51,443 [fi;"~IrliL'-'
Exemption Amount: $25.000 25.000 25.000
Taxable Value: $28.993 27.42(] 26.443
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
200S
$552
243
$795
.~
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Value Adjustment Board I Save. Our Homes I Senior Corner I Disclaimer (;; ih lJ j r77
http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=0043451 0070000... 3/1 /2006
02/25/2005 04:43
---,".".---..--.,.,.,,- .---
5517425305
CUST SER'.j
PAGE 07
THIS INSTRUMENT PREPARED BV:
James A. Cherol. Esquire
Gor&n. Ctlerof. Doody IInd Ezrol. P A
3099 Ea" commtm;iI19h1d.
Suite 200
Ft. La~erdsle. FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF ~~rJ ~-t:)cll
IlWe. ~i\Il, A r S\\\\2\...D -:::> , hereinafter "Grantee",
hereby make. constitute, and appoint THE CITY OF BOYNTON BEACH, FLORJDA, 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 fuU 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 descnOed as follows:
PCN No.: 00 '-\6 L\S \0 o~) 000 O')S-O
The powers and authority of my attorney, THE CITY OF BOYNfON BEACH,
FLORIDA, shall commence and be in full force and effect on the \ day of
fl\f'1ecA+ , 20fu and the powers and authority shaD be irrevocable by Grantee.
02/25/2005 04:43
5517425305
CUST SERIJ
PAGE 08
IN WITNESS WHEREOF, we have hereunto set our hands and sea1s the
<\
Nllt1k%.\- , in the year 20()\P.
,
day of
Signature
N\~\ il' I :5 \-\- \ ICL. \'=' ~J
Print Name
~
Owner Si ture
p~~ (&-,,)
,j~ '
r.. . . '
Witness
~0:U '\Q.~t=
Print Name
Print Name
\
\-\ \ {X
\
,
L!1
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
11JE FOREGOING INSTRUMENT was acknowledged befure me this JYdaYOf
/J1r1i~. 20~ by "",,V,WAf\- Qllt;Z-.D.::> and
. who are known to me or who have produced
nDL S'1.3~ 5'1.{tJ '18 S~I 0 , as identification and who didldid not take an oath.
\'1"'1 J hnB
...,~~t>!'.Y.P.~~~/JJ o. . ryan
f?~~~ Co~ssion #DD297960
~~. jf: Exprres: Mar 08, 2008
"';~OFf\:\...""'" BondedThm
""\\ Atlantic Bonding Co., lnc
~~.
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NOTARYP LIC
JoHN &2Y;";'r.J
Type or Print Name
Conunission No.
My Commission Expires:
S:\CA\AGMTS\Waeer Service~ ofatty.doe-l~
H:\J 990\900 ) 82,8B\AOMT\Poww of J\JIomcy.Jnd l-~,doc
I
~ ...
1 in. = 132.6 feet
-, J 340Cl 3410 ~
~ ---.-,-----.--- I
0250 0261 07~0 0760 1250 1750
~ I
i 1260
I
0240 0262 0770 1240 I 1740
3( 2810 2800 0730
0280 1/.,1
0220 0780 1220 1280 1720
072
50 '78( 2790 0210 0290 I 1210 1300 1710
I 0700 0800
0200 1200 1310 I 1700
~._.
0190 0320 0690 0820 1190 1320
2200 2180 1680
0171 0330 0671 1180 1330
0830 ,
1170 1340 I 1670 ~
2141 2160 i
0160 0341 0660 1160 1350
0850 17
, 0150 I 1360 1640
0360 0641 I
i -- 1140 ~
0140 C: 1370 ~ 17
9( ~58C 1560 0631 0870 Q:
0130 0371 U 1380 !!; 1630 18l
,
,
I ~
I I 1120 !5
0120 0390 0890 ~ 1390 ;;;: 1620
~ ! ~
9( 0571 0560 0610 ~ 18"
0110 0400 , 0900 == 1110 - 1610
i 1400
-I- 0100 0410 0600 0910 1100 1600 183
i
0420 0590 I 0920 1090 1411 1590 184
1520 054( P55( I
0080
0430 0930 1430 1580 185
0570 1070 r--
028C )27Cl ~26C 0070 0440 0940 1440
186C
0450 0560 0950 1060 1410 , 1550
0050
-'- 0960 i 1050 1460 188(
I
7756 Griswold St 1'W
r
~
~r
r
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR1\-.
VI. -CONSENT AGENDA
ITEM C.5
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must beTumed
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
I2J April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) -,,> '.
0 0 ~ -
May 2, 2006 April 17,2006 (Noon) July 5, 2006 June 19,2006 (Noon) r"-.;
\....,-.)
0 May 16, 2006 May I, 2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon)
- - -~
0 Administrative 0 Development Plans ~~
l"'--" .()
I2J Consent Agenda 0 New Business ::J:
NATURE OF
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfmished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City
Limits with Faude & Louise Joseph for the property at 1096 Brown Rd, Lake Worth, FI (Hypoluxo Ridge Add 1 Lt 6).
EXPLANATION: The parcel covered by this agreement includes a duplex located in the San CastlelRidge 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 street, allowing for the service
to this parcel. No additional construction will be required by the City to serve this property.
FISCAL IMPACT: None
o , ::~;?jlli.Uilllti~..rn<<are~~
Department Head's Signature City Manager's Signature
Utilities
Department Name
City Attorney I Finance I Human Resources
XC: (t Peter Mazzella (wi copy of attachments)
Michael Rumpf, Planning & Zoning "
Anthony Penn
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R06-
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 CITY
8 OF BOYNTON BEACH AND FAUDE & LOUISE
9 JOSEPH; PROVIDING AN EFFECTIVE DATE.
10
1 1
12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water and sewer service area, located at 1096 Brown Road, Lake Worth, Florida (Hypoluxo
14 Ridge Add 1, Lot 6); and
15 WHEREAS, the parcel covered by this agreement includes a duplex home in the San
16 Castle/Ridge Grove project which only potable water is available for connection at this time;
17 and
18 WHEREAS, a water distribution main has recently been completed on this street
19 allowing for the service to this parcel; and
20 WHEREAS, no additional construction will be required by the City to serve this
21 property.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27
Section 2.
The City Commission hereby authorizes and directs the City Manager
28 to execute a Water Service Agreement between the City of Boynton Beach, Florida and Faude
S:\CA\RESO\Agreements\Water ServiceIJoseph Water Service Agrcement.doc
& Louise Joseph, which Agreement is attached hereto as Exhibit "A".
2
Section 3.
This Resolution shall become effective immediately upon passage.
3
4 PASSED AND ADOPTED this _ day of April, 2006.
5
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
10
II Mayor
12
13
14 Vice Mayor
15
16
17 Commissioner
18
19
20 Commissioner
21
22
23 Commissioner
24 Attest:
25
26
27 City Clerk
28
29 (Corporate Seal)
S:\CA\RESO\Agreements\Water ServiceVoseph Water Service Agreement.doc
Google Local - 1096 Brown Road, Lake Worth, Florida
Page 1 of 1
http://maps. google.comJ
4/6/2006
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
Fa.iA
CITY OF BOYN
THIS AGREEMENT made on this day of ,200 , by and between
j - -
f LoUl~ 'J hereinafter called the "Customer", and the
ON BEACH, a munici al 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
prope;rty; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water
services outside of its jurisdictional limits on annexation ofthe 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:
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) , \
'll\. 'l- (dltplex)
2. The Customer and the City hereby agree that there are~ Equivalent Residential
COnDections 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 shaJl 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.
All such lines shall be aW~~~Wi~tfJ) of Utilities and subject to inspection by the City
MAR 1 6 2006 cp
CUSTOMER RELATIONS
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 ofthe 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 ofthe 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 ofthis 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 conJlecting 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.
9. Annexation is intended to be and is hereby made a covenant running with the land
described in Paragraph 1 of this Agreement. This Agreement and the power of attorney referenced
herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding
on the Customer and all subsequent transferees, grantees, heirs, 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
S:ICA\AGMTSIWater ServicelWatcr Service Agreement. Rev I.6..o6,doe
2
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWE~N THE CITY OF BOYNTON BEACH AND
F~\.\,le. ~:ra"e.pl\ ! Lo..u':i e ,l:,s~k (INSERT NAME)
61" IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ~day of
l.lrc"," , 200~
WITNESS:
Witness Signature
Printed Witness Name
Witness Signature
Printed Witness Name
FOR INDIVIDUAL(S) NOTARIZATION:
STATE OF~doJ )
) ss:
COUNTYOF~
INDIVIDUAL(S) AS OWNER(S):
~J~h
Lwner Signature -
---,OU(S'~ \/oSep/-l
Printed Owner Name
Owner Signature
Printed Owner Name
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
J..,Ow,j 5 e.. zr f)sqA 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: PJ,... 01...,
WITNESS my hand and official seal in the County and State last aforesaid this I A/-r:/..- day of
1l1~ ,200k.
(Notary Seal)
~'''''f
. . I~~'^"~~ VAlOR'EMOATS
My CommIsslo. n$:MY COMMISSION. 00346198
'1l EXPIRES: September 17, 2008
~'~f.If;Cfl"" Bonded Thru Notary Public Underwriters
lM.{lA;~/ JJIM14
,
Notary Public
t:- elL /JJ/Q ')t)..s' ejJ),
Owner Signature
1='4 V IJ E' JosE P If
, ,
Printed Owner Name
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. 0 take acknowledgments, personally appeared
f t+i.) \ '~Se to me known to be the
person(s) described in and who exec ted the foregoipg AGREEMENT FOR WATER SERVICE
OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION 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:
--JI r" I rJ~ r L-\ f2f~ It J ?~} 0 ~ ;; l{ 0 - ,~ -. 64:.1--- 0
_t-{"ITNESS my hand and official seal in the County and State last aforesaid this
.J.0., t LA, ' 200.G
( )"tf,day of
(Notary Seal)
:1'1
1J, ~j~;:;J
,..0:,,;W41rill
Notary Public
1) L tt: J 2).J. i 0- ;).-4 tJ .- S"-f - 0 i...J./-Q
~'JJ:~~;~;
N<~;, ~(,~:;,;"./';"C<: . ..'.1-1,9
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
(INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
Kurt Bressner, City Manager
ATTEST:
City Clerk
Approved as to form:
City Attorney
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 III 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.
WITNESS my hand and official seal in the County and State last aforesaid this
,200_.
day of
(Notary Seal)
My commission expires:
Notary Public
S:\CA \AGMTS\ Water Service\ Water Service Agreement - Rev 1--6--06,doc
5
tim Beach County Property Appraiser Property Search System
Page I of 1
Location Address: 1096 BROWN RD
~I
-,>:~:t'::,-gi11\"' .'->. g_ -. - ..- .B<._-tt _ z _
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-04-000-0060
Subdivision: HYPOLUXO RIDGE ADD 1 IN
Official Records Book: 18495 Page: 1368 Sale Date: Apr-2005
I.,gg~IDgscrip1:i()n: HYPOLUXO RIDGE ADD 1 LT 6
Owner Information
Name: JOSEPH FAUDE &
~
Mailing Address: 1096 BROWN RD
LAKE WORTH FL 33462 5932
Sales Date Book/Page
Price S~leTYPe
Owner
Sales Information
Apr-2005 :t8495L1368 $235,000 WARRANTY DEED JOSEPH FAUDE &
Apr-2002 13(i37/1001 $123,600 WARRANTY DEED TOTH ARPAD &
Dec-2001 U~4UQ~44 $10 WARRANTY DEED EBERSOLD NARINE F TR
Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use.CQ,ge:
~OJH. 2QQ3
83 796 77 832
20 655 18 750
$104 451 96 582
Description: MULTIFAMILY < 10 UNITS
Tax Year 2005
Number of Units: 2
*Total Square Feet: 2112
* in residential properties may indicate living area.
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
-
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
I~
~~"'dl
~I~'~'~I
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detail on one page.
RecQrd Sear~.h I InfQJrTl.il.tiQl} 1E:.;.{eiDPtLol1.? U:;QfIlIIH.I.[}i!Y I EmQlQY.illellt I Ne~.Hg.illgJ3.lJygr I QffiQ= LQcatigH?
Value I\dju$tmenLE'>Qi'lfO I $<lYeOlJJ Hgf!lQ;; I $eniQL<:::Qrner I Oi:;<;!i'limer
Home I Links I C;lo??i'lry I FAQ I F()rms I COntact lJs I PAPA
(1) 2004 Palm Beach County Property Appraiser.
r;yJ~ k} -A
ttp:/ /www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=004 34509040000060&geonav... 3/14/2006
1 Owner
.AII Owner(s)
peN Number:
Page 1 of 1
00-43-45-09-04-000-0060
Owner Names
'PH FAUDE &
J"'JfPH LOUISE
~~I
~I
" . . ",." . A.' .
"'~". ,;-, "''C' '-"r, , - . .'
ttp:/ /www.co.palm-beach.fl.us/papal aspx/web/all Owner .aspx ?entity _ id=004 34 5 09040000060&Owner _'" 3/14/2006
THIS INSTRUMENT PREPARED BY
James A, Cherol. Esquire
Goren, Cherol, Doody and Ezro!. P.A.
3099 East Commercial Blvd,
Suite 200
Ft. lauderdale, Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF ~\ W\. ?x'>U.L k..
I/We, ~wt,:> Tc.)Sct" ~' Low So e.kp1\ ' 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 descnbed 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:
PCN No.: 00,- 43 -45-01--0 i..f' 0(]()-O(.10 0
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the I 'ff1.,. day of
!vlarcl.\. , 200h and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the iLfH... day of
--.Ldarck.. , in the year 2~.
Sealed and delivered in the presence of
(k~
ltroligm~
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\'l
VI.-CONSENT AGENDA
ITEM C.6.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Fina] Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D Apri] 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15,2006 (Noon)
[8J April 18, 2006 April 3,2006 (Noon) D June 20, 2006 June 5, 2006 (Noon)
D May 2, 2006 Apri] ]7,2006 (Noon) D Ju]y 5, 2006 June 19,2006 (Noon)
D May]6,2006 May 1,2006 (Noon) D July] 8, 2006 July 3, 2006 (Noon)
NATURE OF
AGENDA ITEM
D Administrative D Development Plans
[8J Consent Agenda D New Business
D Public Hearing D Legal
D Bids D UnfInished Business ;-."} . ._~
..-:.(
D Announcement D Presentation ~ .... ..
-~, .,
D City Manager's Report _.--
-
RECOMMENDA nON: Amend Resolution #R04-171 by adding Bobby Jenkins, Jr., Assistant Director of Financral
Services, to the list of designated individuals authorized as signatories for all City accounts at the Bank of America~:'
--."i-,--j
EXPLANA nON: Bank of America requires a Resolution approved by the City Commission listing authorized signers on c:
the City's bank accounts. Due to the hiring ofMr. Jenkins as the new Assistant Director of Financial Services, the signature--
resolution needs to be amended. The current signatories authorized by Resolution #R04-171 are Jerry Taylor, Mayor;
William Mummert, Director of Financial Services; and Mary Munro, Assistant to the Director of Financial Services.
PROGRAM IMPACT: NONE
FISCAL IMPACT: NONE
Financial Services
Department Name
S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R06-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING
5 RESOLUTION NO. R04-171, PROVIDING FOR AN
6 AMENDMENT TO THE SIGNATURE RESOLUTION
7 FOR CITY ACCOUNTS A T BANK OF AMERICA;
8 AUTHORIZING THE EXECUTION OF A REVISED
9 SIGNATURE RESOLUTION; AND PROVIDING AN
10 EFFECTIVE DATE.
11
12 WHEREAS, the City Commission of the City of Boynton Beach approved
13 Resolution No. R03-183, designating specified individuals as authorized signatories on City
14 accounts at Bank of America; and
15 WHEREAS, due to changes in personnel, it is necessary to add Bobby Jenkins, Jr.,
16 Assistant Director of Financial Services as an authorized signatory on City accounts at Bank
17 of America; and
18 WHEREAS, the City Commission of the City of Boynton Beach, hereby deems it to
19 be in the best interests of the citizens and residents of the City of Boynton Beach, to amend
20 Resolution No. R04-171 to add Bobby Jenkins, Jr., to the list of designated individuals
21 authorized as signatories for all City accounts at Bank of America;
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
24
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
Section 2.
Resolution No. R04- 171, is hereby amended to provide that the
27
28 following individuals are designated as authorized signatories on City accounts at Bank of
S:\CA \RESO\Agrccmcnts\Authorizing Signatures Bank Amcrcia 040606,doc
1 America:
2
3
4
5
6
7
Mayor Jerry Taylor
William Mummert, Director of Financial Services
Mary Munro, Assistant to the Director of Finance Services
Bobby Jenkins, Jr., Assistant Director of Finance Services
Section 3. The City Commission of the City of Boynton Beach, Florida does
8
hereby authorize execution of any documents from Bank of America necessary to amend the
9
list of authorized signatories on City accounts.
10
11
12
Section 4.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of April, 2006.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 ATTEST:
31
32
33 City Clerk
34
35
36 (Corporate Seal)
37
38
39
40
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA \RESO'iAgreements\Authorizing Signatures Bank Amercia 040606.doc
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM C.7.
AGENDA ITEM REQUEST FORl\___
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) D
[gJ April 18, 2006 April 3, 2006 (Noon) D
0 May 2, 2006 April 17, 2006 (Noon) D
0 May 16, 2006 May 1,2006 (Noon) D
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
June 6, 2006 May 15,2006 (Noon)
June 20, 2006 June 5, 2006 (Noon)
July 5, 2006 June 19,2006 (Noon)
July 18,2006 July 3, 2006 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
[gJ Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
D Development Plans
D New Business
D Legal
D Unfinished Business
D Presentation
~_..~ ..1'"
~,
RECOMMENDATION: Adopt and execute via a resolution the Recreation and Parks Strategic Plan.
.:-.'} -.
EXPLANA TlON: The Recreation and Parks Department has developed a strategic plan that will act as a "road .fQap" Ia~t\1e
planning and development of parks and recreation facilities for the next ten years. This Master Plan identifies the:"l:bcreilti9:fJaI
needs of the citizens of Boynton Beach as indicated in the System Map and the Comp Plan. It recommends strategies ~d
actions for meeting those needs. The Plan identifies implemental actions necessary to satisfy the expectations of the
community. The Plan was presented to the City Commission at the March 21, 2006 meeting. Comments from the City
Commissioners have been incorporated into the final plan. Copies of the changes are attached and are either underlined
indicating additional language or struck through indicating a deletion. Those changes include the possible consolidation of
Bicentennial Park with Veterans Park as redevelopment occurs; clarification language for the current and recommended
Levels of Standards; an appropriate level of service for acreage at 2.5 acresll,OOO residents; changes to the description of the
lifestyles in the districts; removal of "Center" from the Nichols Road Site; updates to the Congress A venue Community Park
nomenclature; and the addition of CRA Funding.
PROGRAM IMPACT: The Plan includes recommendations that give guidance for improving programs and services,
creating a financially responsible organization, making land acquisitions and protecting open spaces, improving and
establishing new facilities and instituting continuous improvement processes. This Plan will enable the City to make the
necessary changes that will help sustain an attractive and livable city.
FISCAL IMPACT: The Plan identifies the costs of the development of parks and recreation facilities over the next ten
years. The first five years of the funding plan mirrors the City's Capital Improvement Program (CIP). The Plan also
identifies necessary staffing needs as facilities are developed.
AL TERNA TlVES: Not to adopt the Plan.
/~~
~Department H a's Slgn;ture
~na,",'
Recreation & Parks
Department Name
City Attorney I Finance I Human Resources
** ATTACHED ARE PAGES OF THE REPORT THAT HAVE BEEN CHANGED.
S\BULLETTN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2 RESOLUTION R06-
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING AND ADOPTING THE RECREATION
7 AND PARKS DEPARTMENT STRATEGIC PLAN FOR
8 RECREATION AND OPEN SPACE ELEMENT; AND
9 PROVIDING AN EFFECTIVE DATE.
10
11 WHEREAS, the Recreation and Parks Department has developed a strategic plan
12 that will act as a "road map" for the planning and development of parks and recreation
13 facilities for the next ten (10) years; and
14 WHEREAS, this Master Plan identifies the recreational needs of the citizens of
15 Boynton Beach as indicated in the System Map and the Comp Plan, as well as
16 recommending strategies and actions for meeting those needs; and
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
19
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
20 being true and correct and are hereby made a specific part ofthis Resolution upon adoption.
21
Section 2.
The City Commission of the City of Boynton Beach, Florida does
22 hereby approve and adopt the Recreation and Parks Department Strategic Plan for
23 Recreation and Open Space Element, a copy of the Plan is attached hereto as Exhibit "A".
24
Section 3.
This Resolution will become effective immediately upon passage.
1
PASSED AND ADOPTED this _ day of August, 2006.
2
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6 Mayor
7
8
9 Vice Mayor
10
11
12 Commissioner
13
14
15 Commissioner
16
17
18 Commissioner
19 ATTEST:
20
21 City Clerk
22
23 (Corporate Seal)
24
25 S:\CA\RESO\Agreements\Black Awareness - Strategic Plan 072400.doc
a Tennis Court (2)
o Nature Preserve
. Madsen Center
a Program Room
a Shuffleboard Courts
. Senior Center
a Community Center with Meeting Rooms, Exercise
Room, Kitchen, Computer Room, Arts & Crafts Room
and Game Room
. Wilson Park and Center
a Community Center with Meeting Rooms
a Pool
a Basketball Court (2)
a Play Equipment
a Multipurpose Field
b. Future Recreational :FaciJitics
. Intracoastal Park Clubhouse
a Community Center with Meeting and Program Rooms
. Wilson Center
a Existing building to be demolished
a New building will have gymnasium and meeting rooms
a Picnic Facilities
a Playground
a Pool to be renovated
B. Analysis
1. Park Land and Facilities
a. Existing Parks and Facilities
· Urban Open/Civic Space
a Bicentennial Park is a passive park on Federal
Highway. The park has little to attract visitors;
however, it will be greatly impacted by the
downtown redevelopment and will become a
critical part of the urban open space of the town
center. As development of the dovmtown
unfolds, it may be wise to consolidate this park
with Veteran's park.
a Edward F. Harmening Arbor Park is a small
passive park located adjacent to the East Water
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
6
o Maintain, secure and manage eXIstmg and future parks and
open space in a manner that encourages appropriate use.
IV. PARK STANDARDS
A. Overview
Each community is unique. Every City has its own "personality" that differs
because of its demographic makeup. Due to differing geographical, cultural,
social, economic and environmental characteristics, each community must
select a set of standards, which best serves them for the cost of delivering
those services.
The parks and recreation system of a given City needs to reflect the needs of
the residents of that City by setting standards for appropriate service. The
standards are an expression of the essential facilities needed to provide the
level of park and recreation services desired by the residents in each
community. These standards are typically expressed as ratios such as acres of
park per 1,000 residents or numbers of tennis courts per 1000 residents. The
ratios are very useful in order to quickly assess the quantities and cost of the
projected needs. Standards should be practical and achievable, and provide for
equitable allocation of parks and recreation resources throughout the
community.
B. Description of Standards
The City of Boynton Beach has determined that the appropriate and
satisfactory level of services for park land is 3 acres per 1,000 residents. The
City of Boynton Beach currently has a level of service for park acreage of 2.5
acres per 1,000 residents. It has been determined that this is an appropriate
and satisfactory level of services. Currently, the City owns 245.85 acres of
developed park land which is more than sufficient to meet this level now and
in the future. Using a LOS of3 acresl1,OOO residents, the City needs 195.62
acres to meet the LOS. .^~dditionally, the City ovms 63030 acres of
undeveloped park land which will be developed as the population increases.
c. Needs Assessment
In 2002, the City of Boynton Beach completed a Parks and Recreation Needs
Assessment which indicated the following facilities were a priority with those
residents that participated in the survey:
· Neighborhood Parks
· Nature Trails
. Picnic Areas
89%
81%
80%
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
15
. Playgrounds in Parks 71%
. Fishing Piers 75%
. Amphitheater 65%
. Jogging Paths 64%
. Multipurpose Fields 63%
. Swimming Pools 60%
. Passive Recreation Areas 58%
. Greenways 57%
. Senior Center 56%
. Tennis Courts 55%
. Baseball Fields 53%
. Aquatic Facility 52%
. Basketball Courts 50%
. Teen Center 50%
. Skate Park 49%
. Football Fields 47%
. Boat Ramps 47%
. Soccer Fields 44%
. Dog Park 44%
D. Level of Standards
The existing Comprehensive Plan includes for following LOS.
CURRENT LOS ANI) NEEDS
--._------~-
FACILITY CURRENT EXISTI
LOS FACILI
~--
n.__
Baseball/Softball, Youth 1/1 5,000 4
- -~----
Baseball, Regulation 1/25,000 4
~,. .
Basketball 1/3,000 13
Community Center (I) 1/25,000 5
--
Fitness Trail (2) 1/30,000 2
-- ~----
F ootball!Soccer 1/40,000 I
--- -
Multipurpose Field 1/1 0,000 I
Racquetball Court 1/10,000 -~ 8
-----~
Picnic Area 1/6,000 ---'- 21
--- ---._-~-
Playground I 14,000 17
--~--~,---~._---- -- ----- ----- ---
Shuffleboard I 12,500 16
_.n__~_"
Pool (3) 1/40,000 I
-~ -- --- 1-------,-",-,----
Tennis Court I 12,OO~__ 31
------_.~_.
Bocce Court N/A 3
--- f--- --- !----,---,,---
V olleyball Court N/A 4
-,.~---_.-
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
65,208 - 2004 POPULATION
NG NEED PER CURRENT
TIES POPULA TION NEED
4 0
--------.. -.--.--- --'~ -~---_.' ----
3 0
-----------_.~--_._--- --~-_.".__._--
22 9
-------,,---,------'----- --~
3 0
----- ---------_.~_.__._--- --.---
2 0
------' -~--- --.--,.._--'-'-
2 I
---._--~~-------_._---- -.------------
7 6
0'._.._-------- _____
7 0
~----- -------"_..__.~
II 0
--------.--.-.-...---. ,------- --------
16 I
-----------.-------- --_._~.__._-
26 10
-.-----..--- -.--.-------
2 2
33 2
_.------------ .._._.---.._------_..~-- -----.---. ._-_._--..---------- ,,--
N/A N/A
----~------------ -_._--_._~----
N/A N/A
16
Based on current trends in some recreational activities and on the 2002 Needs Assessment,
the following LOS are recommended.
RECOMMENDED LOS AND NEEDS
65,208 - 2004 POPULATION
FACILITY CURRENT EXISTING NEED PER CURRENT
LOS FACILITIES POPULA TION NEED
Baseball/Softball, Youth 1/15,000 4 4 0
Baseball, Regulation 1/25,000 4 3 0
Basketball 1/4,000 13 16 3
Community Center (I) 1/25,000 5 3 0
Fitness Trail (2) 1/30,000 2 2 0
F ootbalVSoccer 1/40,000 I 2 I
Multipurpose Field 1/10,000 I 7 6
Racquetball Court 1/10,000 8 7 0
Picnic Area I /3,000 21 26 5
Playground I 14,000 17 22 5
Shuffleboard I 15,000 16 13 0
Pool (3) 1/40,000 1 2 I
Tennis Court 1 12,000 31 33 2
Bocce Court 1/25,000 3 3 0 I
Volleyball Court 1/15,000 4 4 0 1
Skate Park 1/65,000 0 1 I
v. MASTER PLAN
A. Conceptual Parks and Recreation System Map
The following is the Conceptual Parks and Recreation System map developed
through the strategic planning process by Glatting Jackson. lt is a result of the
numerous meetings and the input from City staff, elected officials, board
members and the public.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
17
B. Future Park Improvements
THE VISION: CITY OF BOYNTON BEACH'S RECREATION AND PARKS SYSTEM
The Vision for the City of Boynton Beach's Recreation and Parks System is to create
a green infrastructure system of interconnected pleasing, functional, and well-
maintained open spaces, parks, greenways, streets, and waterways that will provide
the permanent physical qualities of a great city. Implementation of this Vision will
enable the City's Recreation and Parks Department to accomplish its mission to
"engage Boynton Beach citizens in diverse recreational experiences, and to cultivate
parks and open spaces".
Working with City staff, members of the Recreation and Parks Advisory Board, and
interested citizens, Glatting Jackson first developed nomenclature for the different
components of the City's Park and Recreation System including:
. Urban Open / Civic Spaces
. Neighborhood Parks
. Community Parks
. Special use Facilities
. Water / Beach Access
. Greenways / Bikeways / Trails
. Conservation Lands
. Regional Parks
. Schools / School Parks
. Private Recreational Facilities
A long range plan was developed for each component of the System, responding to
existing and projected population and demographics, lifestyles and needs.
LIFESTYLES
Early in the planning process, it was determined that the parks and recreation needs of
City residents vary depending upon where they live. Therefore the City conducted a
"Lifestyles Workshop" on November 17, 2004 to discuss differences in both existing
and proposed lifestyles and recreation needs in the various quadrants. The notes from
the Workshop are attached (Meeting Minutes, November 17,2004).
District 1, the Southwest Quadrant, is characterized as an area of retirees living in
planned communities, most of which have their own private recreational amenities;
therefore the public recreation needs in this quadrant are primarily for large passive
parks and other opportunities for social interaction and recreation outside the private
communities. It is anticipated that this demographic net will change much over the
next 15 - 20 years.
District 11, the Northeast Quadrant, is an older coastal community that is
experiencing changes in its demographic mix, with more families and young
professional couples moving into the area. This area of the City has more parks and
recreation facilities than any other, but many need to be expanded or upgraded to
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
19
accommodate increasing demands. The community al5e stated that they also needs
jogging trails, bike paths, and cultural/arts facilities within walking distance of
residents as in other districts in the City.
District Ill, the Southeast Quadrant, is also an area of changing demographics, and is
the most likely area to "gentrify" in the coming years. The community's parks system
needs to be expanded with more developed open space and recreation facilities to
meet the increasing demand. This can be accomplished with the existing inventory.
District IV, the Northwest Quadrant, is the highest income area of the City,
characterized as "typical suburbia". There are not enough parks and recreation
facilities to serve the youth and family-oriented lifestyle of this quadrant, and trails
and bike paths are also needed to meet the needs of this growing suburban
community.
PROPOSED IMPROVEMENTS
A Parks and Recreation System Conceptual Master Plan was developed to show the
locations of both existing and proposed facilities to meet the needs outlined above.
Following is a description of each of the proposed improvements. The proposeJ
improvements are numbered to correspond to the locations shown on Parks and
Recreation System Map.
Urban Open / Civic Spaces
1. Bicentennial Park
· Complete renovation as a urban civic space for the downtown redevelopment
4. Veterans Park
· Complete renovation as a urban civic space for the downtown redevelopment
5. Proposed Town Square
· The City is currently in the process of redeveloping the Town Square area
with the intent of encouraging traditional Town Square uses such as
education, commerce, government, and social interaction. The City should
develop an Open Civic Space / Plaza within the Town Square that would
provide opportunities to bring the community together for special civic events
such as celebrations, festivals, concerts, art shows and other city-wide
activities that in turn could provide revenue for the city.
Neighborhood Parks
The City of Boynton Beach has ten (10) Neighborhood Parks in its current Park
System. As time and use have taken a toll on some of these facilities, eight (8) parks
were identified through workshops and interviews as having a need for retrofitting
and/or enhancement. In addition to these renovations, nine (9) parcels owned by the
City were identified to be developed as Neighborhood Parks in a phased fashion in
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
20
J 9. New Neighborhood Park - Quantum Community Park ",'ite
. Develop park to meet local residents' needs
20. New Neighborhood Park - Winchester Park ",'ite
. Develop park to meet local residents' needs
Community Parks/ Centers
Out of the four (4) existing Community Parks/ Centers, one (I) was identified as
having a need for retrofitting and one (1) site was identified as potential Community
Park sites to be developed as the need arises.
9. Retrofit Wilson Center
. New community center
. Replace pool
. Multipurpose field
. Play equipment
. Consider spray ground
. Provide recreational access, i.e. canoc, kayak launch site, to adjaccnt Canal
Waterway.
. Landscaping
. Park furniture
J O. New Community Park/Center - Nichols Road Site
. Devclop a multi-purpose Community Park to mect rcsidents' needs
Special Use Facilities
Three Spccial Use Facilitics are proposcd to be retrofitted, including two cemeteries.
Cemeteries were historically used as passive and contemplative parks. The City of
Boynton Beach has the opportunity to revive this tradition and provide its residents
with truly mcmorable and contemplative "Cemetery Parks."
2. Little League Park
. New well and renovated irrigation
. Replace dugouts
. Renovate restrooms
J J. Retrofit Barton Memorial Park
. Considcr developing Barton Memorial Park as a "Cemetery Park" that
includes historical context.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
23
J 2. Retrofit Congress Avenue Community Center Park
. Upgrade the Tennis Center to meet residents' needs (in progress)
. Boundless Playground
. Community building and restroom Boundless Center
. Gardens
. Pavilions
. Walking trail
. Landscaping
. Park furniture
13. Retrofit Sara Sims Park
. Consider developing Barton Park as a "Cemetery Park" that includes
historical context
. Complete park renovation to include
o New restrooms
o Picnic areas with pavilions
o Play equipment
o Single rail fence
o Multipurpose field
Water! Beach Access
6. Oceanfront Park
. Replacement of boardwalk
. Rebuild guard towers
. Add 2nd story to office
. Enlarge maintenance building
. Single rail fence
. Catwalk over the dune
. Additionallighting
. Install stairs from lower parking lot
. Handicap walking to beach
. Paint all buildings
Greenways! Bikeways/ Trails
In August 2004 the City Commission approved, in concept, the City of Boynton
Beach Greenway and Bikeway Master Plan, which establishes an interconnected
system of Greenways, Blueways, Bikeways and Trails throughout the City. This
System has been incorporated into the Parks and Recreation Master Plan, as follows:
J. Palmetto Greens
. Renovate restrooms
. Expand the greenway to 1-95
City of Boynton Beach Recreation and Parks Department
Strategic Alaster Plan
24
B. Funding Sources
A significant challenge for the City of Boynton Beach in meeting public
recreation demands is funding. Significant financial investment is necessary
for physical development, land acquisition, maintenance and programming.
Implementing the recommendations of the Strategic Plan hinges on the ability
to secure funding from multiple sources and responding with effective
management of parks and recreation facilities and programs.
The major impediment to the implementation of the plan is the lack of
adequate dedicated funding sources for both capital and land acquisitions, and
for ongoing park management. Currently, significant funding deficiencies
exist for these. The following funding sources are a comprehensive listing of
funding options that the City should consider.
1. Park Impact }~ecs
The City of Boynton Beach currently assesses new development for
park impact fees. The purpose of this is to implement the capital
facilities element of the Comprehensive Plan by:
a. Ensuring that adequate park, rccreation, open space and trail
facilities are available to serve new development.
b. Maintaining the high quality of life in Boynton Beach by ensuring
that adequate facilities are available to serve growth thereby
providing for the needs of new growth and maintaining existing
service levels for present businesses and residents.
c. Establishing standards and procedures whereby new development
pays its proportionate share of the costs of park, recreation, open
space and trail facilities.
Existing fees are charged as follows:
· Single-Family, Detached Unit
· Single-Family, Attached Unit
· Multi-Family Unit
$940.00 Per Unit
$771.00 Per Unit
$656.00 Per Unit
Consideration is begin given to increasing the impact fees to assure
that sufficient funds are collected to cover the costs of adequate
park and recreation facilities.
2. CRA Fundin~
It is expected that CRA funds will be used to renovate existing and/or
build new parks in the CRA district.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
27
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.B
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 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15,2006 (Noon)
[8J April 18, 2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon)
D May 2, 2006 April 17, 2006 (Noon) D July 5, 2006 June 19,2006 (Noon)
D May 16, 2006 May 1,2006 (Noon) D July 18, 2006 July 3, 2006 (Noon)
D Administrative D Development Plans
NATURE OF [8J 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: Motion to approve revisions to the Classification and Compensation Study conducted by MGT of
America and to approve the revised City of Boynton Beach Job Title listing. The changes are a result of the additional
research conducted by MGT of America following the appeals submitted by City employees.
EXPLANATION: The attached revisions are a result of the appeal process as defined in the contracted Classification and
Compensation Study with MGT of America. Employees who did not agree with the results of the Classification and
Compensation Study were provided with an opportunity to submit an appeal, citing their reasoning and justification why they
believed their position should be classified differently from the initial study results. This process allowed employees to
receive the study results and appeal those results, so the consultants could reexamine positions that may not have been
adequately represented by the information initially submitted by the employees.
PROGRAM IMPACT: The changes resulting from the appeal process work to bring the adjusted positions into greater
alignment with both internal equity and market placement.
FISCAL IMPACT: The fiscal impact of the changes resulting from the appeals to the Classification and Compensation
Study are nominal, which ultimately have a negligible impact to the overall costs related with the implementation of the study
results.
ALTERNATIVES:
. Accept the modifications to the Classification and Compensation study results as stated.
~\!Rej"t th:, ,e'Ul:,;f:e a~~:~'~':ee,': ~;:ammin the pmg'mD a, p'eVi~
. , ~epart~ent Head's ~ignatu;e' - City Manager's Signature
j' /j' ,!_j
<-----"
'"
City Attorney I Finance I Human Resources
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
I
2
3
4
5 RESOLUTION R06 -
6
7
8 A RESOLUTION OF THE CITY COMMISSION OF
9 THE CITY OF BOYNTON BEACH, FLORIDA,
10 APPROVING AND ADOPTING REVISIONS TO THE
II 2006 PAY PLAN; AND PROVIDING AN EFFECTIVE
12 DATE.
13
14
15 WHEREAS, on February 7, 2006, the City Commission approved the
16 Classification and Compensation Study performed by MGT; and
17 WHEREAS, as a result of the appeal process which is defined in the contracted
18 Classification and Compensation Study with MGT of America, additional research was
19 conducted revealing some additional changes were appropriate; and
20 WHEREAS, the attached revisions to the Pay Plan contains the outcome of this
21 additional research; and
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
23 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27
Section 2.
The City Commission of the City of Boynton Beach, Florida does
28 hereby approve and adopt revisions the 2006 Pay Plan, a copy of which is attached hereto
29 as Exhibit "A", and made a part hereof.
30
Section 3.
This Resolution will become effective immediately upon passage.
1 PASSED AND ADOPTED this _ day of April, 2006.
2
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6
7 Mayor
8
9
10
11 Vice Mayor
12
13
14
15 Commissioner
16
17
18
19 Commissioner
20
21 ATTEST:
22
23 Commissioner
24
25 City Clerk
26
27 (Corporate Seal)
28
Prepared by MGT of America
ADDENDUM TO FINAL REPORT
As one of the final steps in the compensation and classification study, employees
were given the ability to appeal the pay grade and classification titles recommended for
their individual position. All employees who completed a Job Content Questionnaire
(JCQ) during the course of the study were given this opportunity.
MGT received a total of 121 employee appeals, five of which were class action
or group appeals. Three of the appeals received were from employees who did not
complete a JCQ, so no action was recommended. Of the remaining appeals, 54
appeals, or 46 percent, resulted in changes to classifications or pay grades. Changes
were recommended based on clearer and expanded explanations of duties and internal
position relationships. Some of the recommended changes, particularly in the higher
levels of the pay schedule, are a result of recent departmental reorganizations. The
exhibit on the following page depicts the classification-level changes.
Additionally, three classifications were created to reflect duties employees are
performing that fall outside the scope of current classifications-Accounting Technician,
Sr. in pay grade 13, Archivist in pay grade 12, and Chief Code and Rehabilitation Officer
in pay grade 19. MGT also has recommended placement of the Neighborhood Project
Specialist, a vacant position that has been revised by the City, in pay grade 31. Finally,
MGT has recommended individual upgrades for two Utilities Maintenance Mechanic
positions in the West Water Treatment Plant to Utilities Maintenance Mechanic, Sr.
Should either of these employees not possess the required COL, MGT recommends the
City provide a six-month grace period for obtaining licensure.
Implementation of these changes will result in a slight overall cost savings to the
City from the originally proposed cost, given that employee increases will be greater in
the first year but less in years two and three.
1ST
~
Pagel
Addendum to Final Report
CURR. REC.
CURRENT CLASS TITLE PAY RECOMMENDED CLASS'tr'flili P1\X
GRAD GRAD
E - E
Administrative Associate 9 Administrative Associate 10
Arborist 13 Arborist 14
Assistant Director Finance - Assistant Director Finance 36
Assistant Director, Library 30 Assistant Director, Library 32
Budget Coordinator 26 Assistant to Dir. of Financial Services 32
Chief Plant Operator 27 Chief Plant Operator 28
Code Compliance Administrator 25 Code Compliance Administrator 26
Code Compliance Officer 14 Code Compliance Officer 15
Code Compliance Officer, Sr. 16 Code Compliance Officer, Sr. 17
Deputy Director of Utilities 37 Deputy Director, Utilities Engineering & 39
Customer Relations
Deputy Director of Utilities 37 Deputy Director, Utilities Operations 39
EMS Billing Specialist 10 EMS Billing Specialist 11
Environmental Coordinator/ 27 Environmental, Health, & Safety 27
Utilities Safety Officer Administrator
Greenskeeper/Spray Technician 5 Greenskeeper/Spray Technician 6
Manager, Customer Rel~tions 24 Manager, Customer Relations 32
Occupational License Inspector 11 Occupational License Inspector 12
Parks/Recreation Crew Leader 13 Parks/Recreation Crew Leader 15
Payroll Technician 9 Payroll Technician 11
Police Records Clerk 8 Police Records Technician 9
Police Records Supervisor 13 Police Records Supervisor 14
Project Manager, Sr. 28 Project Manager, Sr. 29
Records Specialist 10 Human Resources Specialist 12
Risk Manager 30 Risk Manager 37
Risk Manager Assistant 6 Insurance Claims Specialist 11
Supervisor, Streets Maintenance 25 Supervisor, Streets Maintenance 26
Supv, Customer Relations 13 Supv, Customer Relations 14
Fire Training Officer 26 Fire Training & Safety 34
Coordinator/Division Chief
Utilities Field Inspector 16 Utilities Field Inspector 18
Utilities Maintenance Mechanic, 16 Utilities Maintenance Mechanic, Sr. 17
Sr.
Water Plant Lead Operator 19 Water Plant Lead Operator 20
11I9
Page 2
City of Boynton Beach Job Titles
Job Job Title E/N Gp Gd
No. -
4149 Accountant E G 17
4160 Accounting Technician N G 10
4190 Accounting Technician, Sr. N G 13
4170 Accounts Payable Specialist N G 11
259 Administrative Assistant E G 14
370 Administrative Associate N W* 10
370 Administrative Associate N G 10
240 Administrative Secretary N G 11
25210 Affordable Housing Admin. N G 16
11951 Animal Control Officer N B 13
22352 Application Technician N W 11
81370 Arborist N G 14
11129 Assistant Chief of Police E y 43
1029 Assistant City Manager E Z 46
21029 Assistant Director, Development E y 36
4179 Assistant Director, Finance E y 36
5059 Assistant Director, Human Resources E y 32
30029 Assistant Director, Library E G 32
51029 Assistant Director, Public Works E y 36
15252 Assistant Fire Marshall N W 19
63069 Assistant Golf Course Supt. E G 15
63200 Assistant Golf Professional N G 6
48329 Assistant Manager, Customer Relations E G 16
63311 Assistant Mechanic N B 7
44020 Assistant Supervisor, Utilities N G 20
6049 Assistant to Director, ITS E G 20
1099 Assistant to City Manaaer E y 34
4189 Assistant to Director of Financial Services E G 32
44231 Assistant TV Specialist N B 10
4529 Assistant Warehouse Manager E G 15
51039 Asst. Dir., Public Works/City Engineer E Y 39
61049 Asst. to the Director, Recreation E G 20
81391 Automated Truck Operator N B 12
5079 Benefits Administrator E G 20
22302 Building Inspector N W 18
22202 Building Inspector, Senior N W 20
81211 Building Maintenance. Mech., Sr. N B 12
81201 Building Maintenance. Mechanic N B 9
22019 Building Official E y 32
54201 Bus Driver N PT 8
54201 Bus Driver N B 8
4322 Buyer N W 12
4332 Buyer, Senior N G 15
70252 CADD Technician N W 13
70059 CADD T echnician/ Design Supervisor N G 15
1
Revised 4/18/06
Positions bv Job Title- final 041806
City of Boynton Beach Job Titles
Job Job Title E/N Gp Gd
No.
46202 Chemist & Quality Assurance Officer N W 20
11792 Chief Code & Rehabilitation Officer N G 19
81401 Chief Electrician N G 18
48049 Chief Field Inspector E G 24
42019 Chief Plant Operator E G 28
3019 City Clerk E y 33
19 City Commission E PT 99
1019 City Manager E Z 98
7039 Claims Analyst E G 19
11772 Code and Rehab. Officer N W 17
11719 Code Compliance Administrator E y 26
11782 Code Compliance Inspector N W 11
11762 Code Compliance Officer N W 15
11752 Code Compliance Officer, Sr. N W 17
417 College Student N PT NC
48210 Communication. & Data Cntrl.Spec. N G 17
8222 Communications Dispatcher N W 12
8212 Communications Specialist N W 14
8200 Communications Supervisor N G 16
11352 Community Service Officer N W 10
6200 Computer Support Specialist N G 15
25200 Construction Coordinator N G 18
70212 Construction Inspector N W 18
70089 Contract Administrator N G 20
70119 Contract Coordinator E G 14
63330 Cook N G 4
82231 Crew Leader N B 8
82241 Crew Leader, Senior N B 9
82250 Crew Supervisor N G 17
82260 Crew Supervisor, Senior N G 18
82211 Crew Worker N B 6
82221 Crew Worker, Senior N B 7
11342 Crime Scene Technician N W 12
11372 Criminal Intelligence Analyst N G 12
82201 Custodian N B 4
390 Customer Relations Assistant N G 11
312 Customer Relations Clerk, Sr. N W 10
22039 Deputy Building Official E G 25
3029 Deputy City Clerk E G 24
48039 Deputy Director, Utilities Eng. & Cust. Relations E Y 39
48029 Deputy Director, Utilities Operations E Y 39
15029 Deputy Fire Chief E Y 43
21019 Director, Development E Z 43
4119 Director, FinancelTreasurer E Z 43
15019 Director, Fire/Emergency. Med. Services. E Z 45
Revised 4/18/06
2
Positions_by-Job Title- final 041806
City of Boynton Beach Job Titles
Job Job Title E/N Gp Gd
No.
5019 Director, Human Resources E Z 39
6019 Director, ITS E y 43
30019 Director, Library E y 39
1049 Director, Media & Public Comm. E y 32
1059 Director, Org. & Strategic Development E Y 37
24019 Director, Planning & Zoning E y 34
51019 Director, Public Works & Engineering E Z 45
61019 Director, Recreation & Parks E y 39
48019 Director, Utilities E Z 45
30039 Division Head Librarian E G 23
48129 Division Manager, Engineering E y 37
48099 Division Manager, Field Operations E Y 37
48119 Division Manager, Water Quality & Treatment E y 37
24039 Economic Analyst/Planner E G 18
22312 Electrical Inspector N W 18
22212 Electrical Inspector, Sr. N W 20
81221 Electrician N B 14
81230 Electrician, Master N B 18
81231 Electrician, Senior N B 16
282 EMS Billing Specialist N W 11
70009 Engineer E G 30
70262 Engineer Plans Analyst/Inspector N W 18
70272 Engineering Technician N W 18
44039 Environmental Health & Safety Administrator E G 27
44202 Environmental Inspector N W 16
81241 Equipment Operator N B 8
81251 Equipment Operator, Senior N B 10
11332 Fingerprint Examiner N W 10
15039 Fire Battalion Chief N G 39
15069 Fire Community Relations Specialist E G 24
15272 Fire Inspector N W 17
15220 Fire Plans Reviewerllnspector N W 18
15089 Fire Protection Engineer N G 23
15079 Fire Training & Safety Coordinator/Division Chief E G 34
56019 Fleet Administrator E G 26
56211 Fleet Mechanic N B 14
56201 Fleet Mechanic, Senior N B 17
62039 F orester/Environmentalist E G 15
70109 GIS Analyst E G 17
63327 Golf Course Player Asst. N PT 3
63307 Golf Course Player Asst., Sr N PT 7
63317 Golf Course Range Attendant N PT NC
63309 Golf Course Restaurant/Bar Manager E G 14
63271 Golf Equipment Mechanic N B 12
63337 Golf Restaurant/Bar Server N PT NC
Revised 4/18/06
3
Positions_by_Job Tit\e- final 041806
City of Boynton Beach Job Titles
Job Job Title E/N Gp Gd
No.
63310 Golf RestauranUBar Server, Sr. N G NC
62079 Grants Coordinator E G 18
63281 Greenskeeper N PT 5
63281 Greenskeeper N B 5
63261 Greenskeeper/Spray Technician N B 6
81261 Heavy Equipment Operator N B 12
5320 Human Resources Specialist N G 12
81271 HVAC Mechanic N B 14
372 Imaging Technician N G 14
43200 Instrumentation & Control Technician. N G 17
7030 Insurance Claims Specialist N G 11
11967 Kennel Maintenance Worker N PT 4
46222 Laboratory Field Technician N W 9
46212 Laboratory Technician N W 12
46232 Laboratory Technician, Sr. N W 14
2039 Legal AssistanUParalegal E G 20
30059 Librarian E G 18
30217 Library Aide N PT 8
30247 Library Archivist N PT 12
30202 Library Associate N W 10
30227 Library Page N PT 3
48239 Maintenance Manager E G 26
81281 Maintenance Technician N B 7
48089 Manager, Administration & Finance E y 36
25019 Manaaer, Community Redevelopment E y 27
48319 Manager, Customer Relations E G 32
8019 Manager, Emergency. Communications Systems E Y 29
62119 Manager, Forestry & Grounds E y 26
63089 Manager, Golf Administration E y 19
63099 Manager, Golf Maintenance E y 27
63079 Manager, Golf Operations E y 21
6029 Manager, Info. Tech. Services. E G 36
62059 Manager, Parks E G 26
61029 Manager, Recreation Programs E G 20
7019 Manager, Risk Management E y 37
55019 Manager, Solid Waste E G 30
61099 Manager, Sr., Recreation Programs E G 26
4519 Manager, Warehouse E G 24
24069 Manaaer, Zoning and Licensing E G 24
30049 Museum/Special Services Coordinator E G 24
27019 Neighborhood Project Specialist E y 31
6059 Network Administrator E G 22
26202 Occupational License Inspector N W 12
61241 Ocean Lifeguard N B 10
61251 Ocean Lifeguard (on call) N PT 10
Revised 4/18/06
4
Positions_by-Job Title- final 041806
City of Boynton Beach Job Titles
Job Job Title E/N Gp Gd
No.
61261 Ocean Lifeguard Lieutenant N B 13
61250 Ocean Rescue Captain E G 16
61109 Ocean Rescue Chief E G 20
202 Office Assistant N W 6
81381 Painter N B 7
61247 Parking Attendant N PT 4
62049 Parks and Landscape Planner E G 16
81351 Parks Maintenance Specialist N B 10
82301 Parks Maintenance Worker N PT 6
82301 Parks Maintenance Worker N B 6
82311 Parks Maintenance Worker, Sr. N B 7
62069 Parks Superintendent E y 32
82320 Parks/Recreation Crew Leader N G 15
4150 Payroll Administrator N G 15
4180 Payroll Technician N G 11
81361 Pipelayer N B 7
22332 Plan Review Analyst N W 17
22232 Plan Review Analyst, Senior N W 19
24049 Planner E G 20
22222 Plumbing & Mech. Insp., Sr. N W 20
22322 Plumbing & Mechanical Insp. N W 18
11119 Police Chief E Z 45
11302 Police Forfeiture Specialist-Evidence Cust. N W 12
11139 Police Major E Y 43
11360 Police Officer Recruit N G POR
11320 Police Records Clerk Supervisor N G 14
11322 Police Records Technician N W 9
11149 Police Support Services Admin. E G 17
24059 Principal Planner E G 30
6039 Programmer Analyst E G 20
70079 Project Manager E G 24
70049 Proiect Manager, Sr. E G 29
1020 Public Affairs Specialist N G 14
30069 Public Arts Administrator E Y 25
342 Recording Secretary N W 12
5220 Records Specialist N G 10
61231 Recreation Leader N B 5
61257 Recreation Leader Trainee N PT NC
61220 Recreation Specialist N G 10
61039 Recreation Supervisor E G 14
5069 Recruitment/Employment Coordinator E G 20
4169 Revenue Manager E G 20
7020 Risk Manager Assistant N G 6
55039 Route Auditor & Customer Service Rep. E G 20
7029 Safety Officer E G 16
5
Revised 4/18/06
Positions_by-Job Title- final 041806
City of Boynton Beach Job Titles
Job Job Title E/N Gp Gd
No.
70209 Senior GIS Analyst E G 24
70159 Senior GIS Network Administrator E G 24
24029 Senior Planner E G 25
4530 Senior Storekeeper N G 9
4542 Service Writer N W 9
81341 Sign & Marking Technician N B 8
55029 Solid Waste Supervisor E Y 20
4531 Storekeeper N B 7
407 Student Clerk N PT NC
340 Supervisor Customer Relations E G 14
11910 Supervisor, Animal Control N G 18
52019 Supervisor, Facilities Management E Y 26
48079 Supervisor, Inspections & Locations E G 26
41029 Supervisor, Meter Reading/Services E G 26
22049 Supervisor, Records/Permit Applications E G 17
53019 Supervisor, Street Maintenance E Y 26
41019 Supervisor, Water Distribution E G 26
46019 Supervisor, Water Quality E G 26
54019 Supervisor., Transportation Services E G 18
49019 Supervisor., Utility Construction/Stormwater E G 26
44019 Supervisor., Wastewater Coll./Pumping Stations E G 26
61069 Tennis Professional E G 20
8039 Training/QA Coordinator., Communications E G 16
44211 TV Truck Specialist N B 13
48222 Utilities Field Inspector N W 18
44221 Utilities Location Specialist N B 9
44241 Utilities Location Specialist, Sr. N B 11
81321 Utilities Maintenance Mech., Sr. N B 17
81311 Utilities Maintenance Mechanic N B 13
48059 Utilities Systems Administrator E G 29
11169 Victim Advocate E G 14
42241 Water Plant Lead Operator N G 20
42231 Water Process Technician N B 9
42201 Water Treatment Plan Operator III N B 17
42221 Water Treatment Plant Operator I N B 12
42211 Water Treatment Plant Operator II N B 14
6660 Webmaster N G 18
81291 Welder N B 14
30230 Youth Program Assistant N G 10
B= Blue Collar Employees
G= General Employees
NC= Non-Classified
E= Exempt
PT= Part Time
* Pending Unit Clarification
6
W= White Collar Employees
Y= Division Head Employees
z= Department Head Employees
N= Non-Exempt
Revised 4/18/06
Positions_by-Job Title- final 041806
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR
VI.-CONSENT AGENDA
ITEM D
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 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
tsI April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon)
RECOMMENDA TION: Motion to approve the sale of "SURPLUS" Golf Carts in exchange for one set of!or<Lt~iti-
cut Reels with Patten Turf of Lake Worth, Florida as submitted by the Golf Course. .~ .-..,
Procurement Services requests Commission's review, evaluation and approval ofthe exchange for surplus hi~perty~:::
EXPLANATION: Procurement Services has reviewed the "SURPLUS EXCHANGE" submitted by ScotEWabl~
Golf Course Superintendent (see attached memo #06-004.) Procurement Services concurs with the excba~ ot~t~.
surplus golf carts. ,~ '1';:; ';:~
'c..., l ' "'0
...-~\-:
PROGRAM IMPACT: A set of these reels costs $4,900.00 new. These can be rebuilt many times, so they can remain
in inventory for ten years or more before replacement is required. Patten Turf have assigned a value of $1,500.00 on
their used verti-cut reels. These reels have blades and brushes suitable for routine thatch and grain control in putting
greens.
The description of the golf carts to trade are as follows:
I) Club Car (A9705-557571) was purchased in 1996. This cart is currently operating, but was slated to be
included in a surplus equipment list this year. The estimated value is $800.00.
2) Club Car'(A9405-368051) was purchased in 1993. This cart is not in service due to a bad steering gear box.
It also was slated to be included in a surplus equipment list the year. The estimated value is $300.00.
FISCAL IMP =Uld be au even exebange Ibmr... tbm ;, .~
A~e Finance Director City Manag 's Signature
Procurement Services/Finance Department
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
C: Scott Wahlin - Golf Course Superindent
Freda Defosse - Golf Administration
File
Golf Course NIemorandum ~ ~ r E J V E r"
HAP? " 2006
l'tj,""'H\ ~ Z
To: Mary Munro, Budget Coordinator
, " '--~--
From: Scott Wahlin, CGCS & Golf Maintenance Manager<~
Date: March 21, 2006
Re: Verti-Cut Reel Trade
PROI.....,,, ,.,' d::, NT SERVil
Attached is a proposal from Patten Turf to trade one set of used Toro Verti-Cut Reels
for two used golf cars that we have in stock.
A set of these reels costs $4900 dollars new. These can be rebuilt many times, so they
can remain in inventory for ten years or more before replacement is required. Patten
Turf has assigned a value of $1500 dollars on their used verti-cut units. These units
have blades and brushes suitable for routine thatch and grain control in putting greens.
The descriptions of the golf cars to trade are as follows.
1- Club Car (A9705-557571) purchased in 1996. This car is currently operating, but
was slated to be included in a surplus equipment list this year. The estimated value is
$800 dollars.
1- Club Car (A9405-368051) purchased in 1993. This car is not in service due to a bad
steering gear box. It also was slated to be included in a surplus equipment list this
year. The estimated value is $300 dollars.
I recommend that we make this trade. The addition of these verti-cut reels will
significantly improve the quality of our putting surfaces in a very competitive market.
cc: Wilfred Hawkins, Assistant City Manager
03/17/200& a7:15
551%84934
r'AIIl:.N II.JIo(I- iN!,,;
r-14l.:lt. tUI Vol
__d._'____.__ ..._.. .._- ..-...-., ...... ...
;
i
L~t__H~",,,"J'_'?-_H~L ~D~~:
TIll LuJcr i.. S,,,c:i.lty S,.I,...'1I1
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3/17/06
The Unks at Boynton Beach
Boynton Beach, fL 33425
Attn: Scott Wablin
1- Used set of T oro Verti.Cut reels for T oro triplex.
$1,500.00
Will trade above set for Golf Carts as discussed.
l3k
Kevin Patten. Pres.
9478 Pinto Drive
Lab Worth. FL 33467
561-966-7666
Pager: ~1-881-4180
Fax: 561-968-4934
r-ROM : PROGa..FCAR
FAX NO. :5614335592
Mar. 20 2006 03:01PM Pl
~PGCC)
March 20, 2006
Attn: Dan
Links @ Boynton Beach
VIA FACSIMILE
Please find below an estimated value of cars as you
requested:
A9705-557571 - $800.00
A9405-368051- $300.00
Thank you,
Lisa Cook
Prof. Golf Car
PROFESSIONAL GOLF CAR CORPORATION
OF FLORIDA
5385 Lake Worth Road · Greenacres, FL 33463 . Telephone (561) 433-2500
Mar 20 06 05:03p
JANE CRITCHILOW
~04-'L:ro'V'
p.1
1301 NW. THIRD STREET I DEERFIELO BEACH. FL 33442
TEL: (954) 429-3200. FAX: (954) 360-7657
March 20, 2006
Mr. Scott Wahlen
Links at Boynton Beach
8020 Jog Road
Boynton Beach, FL 33425-03]0
Dear Mr. Wahlen:
Via Fax # 561-966-1700
We are pleased to offer the following quotation for your consideration.
na Blade
U.it Price
$4 892.80
The above quotation is based upon your acceptance within thirty (30) days from the date
of this letter and is subject to manufacturer's availability and Florida State Sales Tax (if
applicable). Our terms of sale are Cash on Delivery or upon credit approval, Net 30 Days.
Thank you for the opportunity to provide you a quotatiOll. If you have any questions or
require additional infonnation, please contact me at (954) 429-3200 Extension 314. We
appreciate youe interest and look forward to doing business with you.
Sincerely,
HECTOR TURF
/(~C0 l1)~d 1-r4C
Thomas B. DeYoung
Senior Account Representative
Commercialllrrigation Products
TBD:jac
Golf Course Memorandum #06-004
To: Mary Munro, Budget Coordinator
From: Scott Wahlin, CGCS & Golf Maintenance Manager
Date: March 21,2006
Re: Verti-Cut Reel Trade
Attached is a proposal from Patten Turf to trade one set of used Toro Verti-Cut Reels
for two used golf cars that we have in stock.
A set of these reels costs $4500 dollars new. These can be rebuilt many times, so they
can remain in inventory for ten years or more before replacement is required. Patten
Turf has assigned a value of $1500 dollars on their used verti-cut units. These units
have thin blades and brushes suitable for routine thatch and grain control.
The description of the golf cars to trade is as follows.
1- Club Car (A9705-557571) purchased in 1996. This car is currently operating, but
was slated to be included in a surplus equipment list this year. The estimated value is
$800 dollars.
1- Club Car (A9405-368051) purchased in 1993. This car is not in service due to a bad
steering gear box. It also was slated to be included in a surplus equipment list this
year. The estimated value is $300 dollars.
I recommend that we make this trade. The addition of these verti-cut reels will
significantly improve the quality of our putting surfaces in a very competitive market.
cc: Wilfred Hawkins, Assistant City Manager
,._._-".....,,,...~
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR1
VI.-CONSENT AGENDA
ITEM E
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 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
[8J April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June 19, 2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF [8J 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 "GULFSTREAM GARDENS" Record Plat, conditioned on the approval
being the certification of the plat documents by H. David Kelley, Jr. (City Engineer and Surveyor and Mapper).
EXPLANATION: The record plat review for this project connnenced on February 13, 2006, to which the second and final
review is currently being completed. Several plat preparation changes not withstanding, staff now recommends that the City
Commission approved the plat as presented subject to fmal signatures by the City Engineer and Mayor. This record plat is the
next step in combining two adjacent plan phases for this developable project. The record plat preparer has stated that 11 minor
changes necessary to this instrument will be in compliance with those connnents noted in the last review letter.
PROGRAM IMPACT: The proposed development will continue to be delayed until the proposed record plat (and
construction plans) have received technical compliance pursuant to the Land Development Regulations. The Land
Development Pennit (LDP) cannot be issued until the proposed record plat is acceptable for recording with the Clerk of the
Circuit Court of Palm Beach County, Florida. Construction pennitting connnences after the issuance of the LDP.
FISCAL IMPACT: None
ALTERNATIVES: The proposed development will continue in abeyance until the proposed record plat is received in
aoc~tab:e f~ond fue construction PI,.,,' have bee 'ppmved foc Pemrittin~
It/Ct<</"4 " Vt ;;[12,L-
~?4' [; (, , tHe <ts Signature City Manager's Signature
'-.
Public Works - Engineering Division
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
VICINITY MAP
(NOT TO SCALE)
~
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
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 City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May J 5,2006 (Noon)
[8J April 18,2006 ApriJ3,2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 1 6,2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF [8J 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 -'.-!
C,,)
.!"~-;l
RECOMMENDATION: Authorize the Water Utilities Department to purchase four (4) meters; two (2) on raw water linSS=-~
two (2) on fInished water lines from Avanti Company of Avon Park, FL. The estimated expenditure is $38,287.50-(;: -, -.-
:.::..l~ ~:~~~-~
Q .
EXPLANATION: The East Water Treatment Plant flow meters are due for replacement, they range in age from 2{Yyear0ig;
45 years old. The meters are showing discrepancies in reading and it is time to replace all the meters. Avanti Company is die
exclusive representative for Water Specialties products in Florida. As exclusive representatives they are responsible for all
the Water Specialties new products sales and service.
PROGRAM IMPACT: The Utilities Department flow meters measure raw water and fInished potable water at the water
treatment plants. Measurement is required to include information in monthly operating reports and for our own operating
analysis. Water Specialties Meters are used on all of our wellheads for water measurement as required by the regulatory
agencies.
FISCAL IMP ACT: The total purchase request is $38,287.50 for 4 meters. Funds are available in the Utilities Renewal and
Replacement Fund Account # 403-5000-590-96-02, WTROI7
Water Utilities Department
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
MEMORANDUM
Utilities #06-059
TO:
Bobby Jenkins
Assistant Finance Director
FROM:
Kofi Boateng
Utilities Director
lQC[~) \\r \A-.~
DATE: March 29, 2006
SUBJECT: Purchase ofreplacement flow meters - East Water Treatment Plant
Commission agenda item
The Utilities Department uses flow meters to measure raw water and finished potable
water at the water treatment plants. Measurement is required to include information in
monthly operating reports and for our own operating analysis.
The East Water Treatment Plant flow meters are due for replacement, they range in age
from 20 years to 45 years old. There are four (4) meters, two (2) on raw water lines and
two (2) on finished water lines. One meter is an original meter that was installed when
the plant was built in 1962, the others are 1978, 1987 and 1988 vintage. The meters are
showing discrepancies in readings and it is time to replace all the meters.
The Utilities Department is requesting to purchase the meters from A vanti Company of
Avon Park, Florida. They are the exclusive representative for Water Specialities products
in Florida. Water Specialities Meters are used on all of our wellheads for water
measurement as required by the regulatory agencies.
The total purchase amount is $38,287.50 for 4 meters. Funds are available in the Utilities
Renewal and Replacement Fund 403-5000-590-96-02, WTRO 17.
Please place this purchase request on the next Commission agenda for approval. If any
further information is required, please contact John Reynolds at extension 6433.
cc: Michael Low
Barb Conboy
John Reynolds
REQUEST FOR REQUISITION
H.T.E. ENTRY DATE:
.E. REQUISITION #
3/23/06
38572
Clerk:
Pam
Procurement Ass't~G'S,).1 '
Director:
{~ )
\0(,
City Manager (non budgeted
ca ital and/or $5000+):
REASON FOR PURCHASE: Replacement of four (4) flow meters at the EWTP. The age of the meters range from 45 to 20
year old. They need to be replaced because of the inaccuracy of the meter over the flow range. This will help us better
comply with Water Management Dist. And Health Dept. Selected meters will match our equipment in the Wellfields and other
locations. We have two (2) Raw Water Lines 24" and two (2) Finished Water Lines 24".
VENDOR INFORMATION: DIVISION: OTHER INFORMATION:
Name: The Avanti Company Admin. ( ) Date: 3/23/06 ASAP (X)
Address: 22 South Lake Avenue Construction ( ) Date Needed: 4/3/06 Confirm. ( )
Avon Park, Florida 33825-3902 Cust. ReI. ( ) ASAP/Conf. ( )
Distribution ( ) BACKUP DOCS. DELIVERY:
SUBMITTED:
DJ,one (contact): 800-284-5231 Water Qual. ( ) Quotes/V erbal ( ) E. Admin. 40 (X)
'k (over $500)
Pumping ( ) QuoteslWritten (X) E. WTP 41 ( )
(over $2000)
Vendor Number: 4098 PWTreat. (X) Bid Docs. ( ) W.WTP 42 ( )
Meter Servo ( ) Sole Source Ltr. ( ) PIU 99 ( )
INITIA TOR: John Reynolds Sewage ( ) Insurance ( ) Special Instructions:
Requirements: OIl
APPROVED: Strmwtr. ( ) Project Number: WTR~
Quan. Unit Price Description & Part Number Fund Dept Basic Elem Obi Amount
2 8,960.00 24" UM06-RS5 Ultramag standard 30.7" 403 5000 590 96 02 17,920.00
laying length
1 10,654.00 24" UM06-RS5 Ultra mag special 62" laying 403 5000 590 96 02 10,654.00
length
1 9,713.00 24" UM06-RS5 Ultramag special 43.125" 403 5000 590 96 02 9,713.50
laying length
Total 38,287.50
l'ldr' .l.:J CUUb lU;..::lbH" Ht' LH~t:.t<JI::.I ;j;j;jU
QUOTATION
~ <~<~. ~
METERS · VALVES * INSTRUMENTS
22 South lake Avenue 800-284-5231
Avon Park, FL33B25-3902 FAX: 863-453-0085
www.avanticomoanv.com E-Mail: info@avanticompany.com
To: Mr. John Reynolds - Chief Operator
City of Boynton Beach
124 E. Willbright Road
Boynton Beach, FL 33435
We are pleased to quote tfIe following:
Item
Quantity
Description
McCrometer/Water Specialties Model UM-06-RS5 Ultra
Mag Electromagnetic Flow Meter, 150 psi Class D flanged,
NSF approved fusion bonded epoxy liner, 316 stainless steel
flow tube & electrodes, with remote mounted microprocessor
based signal converter featuring forward & reverse totaltzer,
rate-ot-flow indicator, pulse & analog (4-20MA) output,
& (1) stainless steel grounding ring, with 50 ft. of submersible
cable, (up to 300 ft. available) & 2 year* std. guarantee
A
Meter sizes
24" UM06-RS5 Ultramag - standard 30.7" laying length
2
B
1
24" UM06-RS5 Ultramag = special 62" laying length
c
1
24" UM06-RS5 Ultramag = special 43.125 laying length
p. 1
Quote #
MW-02-03
Date 3/13/2006
Terms Net 30 days
Prices FOB Hemet, Ca.
Delivery 4-6 weeks
Phone # 561-742-6433
Fax # 561-742-6478
nton-beach. fl. us
Total
$8,960.00
$17,920.00
$10,654.00
$10,654.00
$9,713.50
$9.713.50
Quoted by Mark Whalen
ricea quoted 1Ib0\le arecurren/ pnc.e in ell8c;t anlI"'Subjeet toacce;>tancllw/1hln 3Q ~ from thll dale. and..... "rmon sn 0'....' r...,lbng tromtl1l. quote SCheduled 10 .hip within eo ctays
>m date of order .....ry. "'lIl1ems qUDlBd wIll be prodllceClr.. sl,1ct aCCOR1iP:e 10 wry GOVWTlmMlI Regul on In enect IncfOdi"ll Fei, LabOl-S18ndarlls Acl. OSHA. al>d Eq..... Employment Opportunity
'''''''Ii.. orders. 0elIv0l)' SCIl_I.. _contingent upon _. accidBnbI.lirDs, availability 01 ma!urlaJa and 811 01119, cau..... beyOnd OtJr control,
.
32SS W_ S-.oo AVt .tIC
Ikmet. CA 92545-779' USA
Tcr1.909 6S2-6811
Fax 909 652-3078
7-20-05
\
To Whom It May Concern:
Please be adviled fhat Avaoti Jne. is d1e exclusive representative (or Water Specialties pi !ducts
in the Florida~.
MeCrometcr acquired Water SpecJs1tb Compeny and Dl8r1l11iIcture the Wat<< Specialti J Line.
AJ our exchuive repre&enfative they 8Rllespuudble 1br all the WaRlr Specialties new pit luet
sales and ec:rvico.
They are also tho c=telusjve repreeMtative in tho IJ1dusUiaI and Water Waste Water mark, t only
for .McCrometcr Product sales and lel'Yice. .
Should you have any further quadons. please feel free to caJl)nc.
~~
GleunVOII
ViCO President of Sales
"
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VI.-CONSENT AGENDA
ITEM G.
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 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May ]5, 2006 (Noon)
[8J April 18, 2006 Apri] 3, 2006 (Noon) D June 20, 2006 June 5,2006 (Noon)
D May 2, 2006 April 17, 2006 (Noon) D July 5, 2006 June 19, 2006 (Noon)
D May] 6, 2006 May 1,2006 (Noon) D July ]8, 2006 July 3, 2006 (Noon)
....j ....
D D __':"'"'-:J
Administrative Development Plans
NATURE OF [8J Consent Agenda D New Business
AGENDA ITEM D D G')
Public Hearing Legal
-,
D Bids D Unfmished Business '.-.,,'
D Announcement D Presentation -~c.J
D City Manager's Report :_:~~
'--'" "0
RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the month of
March 2006.
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, commodities,
and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the
second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City
Manager" .
PROGRAM IMPACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of
commodities, services, and personal property. Administrative controls are in place with the development of a special
processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the
Department Director, Purchasing Agent, and City Manager.
FISCAL IMPACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of
commodities, services, and personal property. Administrative controls are in place with the development of a special
processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the
Department Director, Purchasing Agent, and City Manager.
Finance / Procurement Services
AL TERNA TIVES: Revert back to the old bid threshold of $1 0,000.00.
A(~iofFimmc'
S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
Date: 3/3/2006
Requesting Department: I.T.S./Utilities
Contact Person: John McNally
Explanation for Purchase:
See Attached
Recommended Vendor Presidio Corporation
lDollar Amount of Purchase $24,633.00
.......\Jrce for Purchase (check and attach backup materials):
Three Written Quotations D GSA D
State Contract D PRIDE D
SNAPS D RESPECT D
Piggy-Back D Sole Source D
Emergency Purchase D Other D
Contract Number: 250-000-03-1
NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract
Fund Source for Purchase:
I.T.S. 001-1510-513-46-22 = $14,949.00; Utilities 401-2821-536-46-91 = $9,684.00
A.pprovals: /? ~
Jepartment He~ '.
::>urchasing Agent /
t
City Manager
::;ity Manager
Date
Date
Date
Date
~h
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orm Revised 02/01/02
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PRESIDIO.
Quote # 27587
Date 2/27/06
John McNally
CITY OF BOYNTON BEACH,FLORIDA
ITS Dept. 100 East Boynton Beach Blvd
Boynton Beach FL 33425
Phone 561-742-6073
Ext
Fax
Email McNallyJ@ci.boynton-beachfl.us
MARK GREGORY
The Presidio Corporation
7601 Ora Glen Drive
Greenbelt MD 20770
Phone 301-313-2017
Fax 301-313-0820
Mobile
Email mareaorv@presidio.com
Account Manager :Rick Hannah
TPCGF5300536
PART NUMBER DESCRIPTION QTY PRICE EXT PRICE
1.00
$792.00
$792.00
Managed Spares (Next Business Day) Services Pack Service Line Number
536
Managed Spares (Next Business Day) Services Pack Service Line Number
366
MGD Spares SVC 4HR (7X24) SL005
ANNUAL TRCHNICAL SUPORT SERVICE
MGD Spares SVC 4HR (7X24) SL 187
TPC GF5300366
TPCGF5300005
TPCGE530000-037
TPCGF5300187
State of Florida IT Hardware Contract
Contract Number: 250-000-03-1
4.00
$540.00
$2,160.00
1.00
13.00
2.00
$1,728.00
$45.00
$9,684.00
$1,728.00
$585.00
$19,368.00
Grand Total:
$24,633.00
We gladly accept Govemment Credit Cards. Quote valid for 30 days Terms: Due upon receipt Delivery: FOB Destination
(CONUS) Applicable to Federal Government Customers only. TAX 10: 58-1 7655 Size Business: Small, CAGE CODE:
OKD05 DUNS: 15405-0959, CEC: 15-506005G. All applicable taxe and shipping are not included in Quote.
(t~ tJiQ
I .~ ':1::- \' .s
'Munro, Mary
m:
~vnt:
To:
Subject:
Wallace, Peter
Tuesday, March 07. 2006 1 :22 PM
Munro, Mary
FW: Requisiton Approval
-----Original Message-----
From: McDeavitt, Cathy
Sent: Tuesday, March 07, 2006 12:55 PM
To: Wallace, Peter
Cc: 'munroma@ci.boynton-beach.fL.us'
subject: Re: Requisiton Approval
Sorry about that I forgot. Mary will need to approve because it has multiple account.
By copy of this email, I am requesting mary to approve
Cathy McDeavitt
City of Boynton Beach-------------------------- Sent from my BlackBerry Wireless Handheld
(www.BlackBerry.net)
-----Original Message-----
From: Wallace, Peter <WallaceP@ci.boynton-beach.fl.us>
To: McDeavitt, Cathy <McDeavittC@ci.boynton-beach.fl.us>
~ ..,t: Tue Mar 07 10:38:01 2006
ject: RE: Requisiton Approval
Cathy, I tried again and came away with the same results from last week. Function Key not
allowed. I mention this same error last week.
Peter
From: McDeavitt, Cathy
Sent: Monday, March 06, 2006 3:51 PM
To: Wallace, Peter
Subject: Requisiton Approval
Please approve Requisition #38338 to Presidio for our annual maintenance. Thanks.
Cathy McDeavitt
Assistant to the I.T.S. Director
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
(561) 742-6070 Office
(561) 742-6092 Fax
,-- 'sion Statement - Achieve total customer satisfaction by providing outstanding technical
20rt services through accurate & comprehensive communication and documentation.
1
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
Date: 8-Feb-06
Requesting Department: UTILITIES
Contact Person: Mark Bobich
Explanation for Purchase:
Access control upgrades for the East Water Plant to include a card and tag readers, magnetic locks,
and electronic door strikes. This system will be easily expanded and can intergate with our existing
systems. Cards and tags can be issued for city and personal vehicles and equipment, and the long
range readers at the gates can perform multiple reads simultaneously so all personnel in the vehicle
can be accounted for. This is a piggy-back of a current Miami Dade County contract.
I Recommended Vendor A TC International Holdings, Inc.
,,. liar Amount of Purchase $24, 998% '2 ~
rsource for Purchase (check and attach backup materials):
Three Written Quotations D GSA
. State Contract D PRIDE/RESPECT
SNAPS D Sole Source
[TI
D
Piggy-Back
Emergency Purchase
Budgeted Item
Other
D
D
D
D
D
Contract Number: Miami-Dade Contract #CBW7787-0107
NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract.
Fund Source for Purchase:
403-5000-590-96-10 WTR 127
6.pprovals:
Jepartment Head
:ll,rchasing Agent
\.. _. City Manager
~ity Manager
~,
~~
Date
Date
Date
Date
~~ ~ ( ;).poi:,
orm Revised 02/01/02
REQUEST FOR REQUISITION
. .F... ENTRY DATE: 2/8/06
L H. T.E. REQUISITION # 38084
Clerk: DP
Procurement Ass't: ~~'6 Ol,
Director: ~
City Manager (non budgeted
capital and/or $5000+):
REASON FOR PURCHASE: Security upgrades for the Utilities Department for the East Plant.
Includes a card and tag readers, magnetic locks and electronic door strikes. This is a piggy -back/Miami-Dade County Contract
#CB W7787 -0/07 See attached proposal dated January 24, 2006.
VENDOR INFORMATION: DIVISION: OTHER INFORMATION:
Name: A TC International, Inc. Admin. (X) Date: ASAP ( )
Address: 1270 NW 165lh Street Construction ( ) Date Needed: ConfInn. ( )
Miami, FL33169 Cust. ReI. ( ) ASAP/Conf. ( )
Distribution ( ) BACKUP DOCS. DELIVERY:
SUBMITTED:
Ph_.le (contact): Water Qual. ( ) QuotesN erbal ( ) E. Admin. 40 (x )
(over $500)
Pumping ( ) Quotes/Written ( ) E. WfP 41 ( )
(over $2000)
Vendor Number: 10025 PWTreat. ( ) Bid Docs. ( ) W.WTP 42 ( )
Meter Servo ( ) Sole Source Ltr. ( ) P!U 99 ( )
OOTIA TOR: Mark Bobich Sewage ( ) Insurance ( ) Special Instructions:
~ Requirements:
\PPROVED: ~ MVVV-7( ~ Strmwtr. ( ) SNAPs/GSAlPiggy-back Project Number: WTR 127
#:CBW7787-0/07
.:::::-- 7:7 '--'
::>
~uan. Unit Price Description & Part Number Fund Dept Basic Elem Obj Amount
24,998.28 Security upgrades for Util. Dept. East 403 5000 590 96 10 24,998.28
Plant per attached proposal January 24,
2006
TOTAL 24,998.28
-
p?-
A TC International Holdings, Inc.
ACCESS alINflrROIL R1FJIlll SYSTEMI
..... 101M.
kas5CIIdieJ~ NIIIlfb!Ilt# at. PM:E ftUEIE
lIJl S/f.51111Ullill $mlllllill
IlsaL SlEIRVlER sm.5l!.1Seri ll>> ~..- Sl!lmlill
l!W.OIAMS1r1ilTlDlfill lIJl $i1I.~/ll!lIl SlDUlll!l
SllI'tAlliCIHI SIlIlAIllll SGll/lllDl
Gll SllIlm. -.
fi) SGlllD SGll0llll
MX:IESSOOMIiRIOll.WM~m! lIIIN~ Ii) $4\~JiIlIIl SllIllm
!lIEf c::oNIROllJl.lE 4lII->>-1r 11 ~!SO.15 ~~15 l/
tNn OOl/IIlIIAlOllIlIII'GR#lVE 11 r.1l~5lIIl $1I"G1125l11l V
I/XllNiIiII!IlIlJMlIPall ' \ifA'C5lD/.6lIll .<<aJI.85 1! $4IilDlSlll! $4&Dlm ~
iiiAlIlEAllES A-M~1K!ll!IW 11 $41iUI8 54&_ V-
ILIL 1HVlUIlI1NE1i~ AN/DJ7AC1I'1I}\ 11 ~ $Q5SO
Q.MIPS .IllNlI)ClIlIllIl.IES 11 S1I1l._ $I11.fi \/
1W;0IF1FEIiMLE Cll:lININECRlRS ~ lill sattJIIlI SIll.
1:iiij;()F1IMILE~ R ~ III $lJUIIID Sl!lJIIID
lIJJ a. SIl.
0 Sli4IDD $llUIIIl
lIll $4&JI8 -- f
I!IEiMIERS HID MINJI 6 S1lIII&2D , SlIi3I7.2D
HID IIIIQIl 2 S&5iTJIliI SI~_
0 SII.lIII SliUIO
!MESS 0llINlIIADIL 00lN1IiIR0lL INNIIlmIIER AC-1I 3 $3414125 S1I,/1BV5 ~
!MID 6 $11.~._ S1JiIlIlUIlIll
ICIl.OClICS Iim lID ~. --
[]l[)ClIJf <<XlI/mIICIlS I!m 1!6 $45_ snIIlOlD K
lax IPOlIIiiII8ll SllJIPIPL'If .:DRlDMJa( 11 s:aaflJllll S3lllGJIiI ~
tm 112 S225G1l1ll ~
RlFlDCAAIllSAlINI[)~ IflAID .. Sl54l.GIIIt SIll_
SWlilICIHI Illrnl sm4I45 lID S1IIIIIl\IIllll $G.IIIIIJ
,
IRlBdiBrClllllle l{IC 11 S4I1I7_ S4lI7.fil!) ~
P1...1la:lk Allilr:tCllllllllf me 11 S111I3.. $Il1l3.40
l'ti!IIIllIIIl OIlIlI_,........ CirlIIle <IIC 11 $1113.. S1l13A1lJ X
" EILECI!IAICM." IIiIIISC FIIlIliIINIGS me 115 SM5I!i $21IIl,o ,/
IlNIBMIEIIIICUJSIUlRE 'Ie fill S1lnJIl!J $C.
0\11I me III SI2.1II $l!lOOl
1lHEADEJNi!)~ Il'J!C at S/5i1.5lIIl $GllIIll
D..MoR I\QC 113 SM_ M 1lRi&JI V
rs.Es1lM:
BOItIDS..IEItIIGIINlEI3AING
I T....
2-\'6,'10
l-t ~ CJ g,,, -v{
Prepared by Phil 112412006
Page 1
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
Date: 8-Feb-06
~equesting Department: UTILITIES
Contact Person: Mark Bobich
Explanation for Purchase:
Closed circuit video camera system for the Utilities Department OIT building. The installed system
will be digital, network based, and compatible with other similar systems found in our city facilities.
This system also will integrate with existing Utilities systems with the ability to expand these systems
as required. This is a piggy-back of a current Miami Dade County contract. Miami-Dade Contracts-
PO-JU500022 BID 6276-4/08.
Recommended Vendor ATC International Holdings, Inc.
Dollar Amount of Purchase $22,968.44
,
,rce for Purchase (check and attach backup materials):
Three Written Quotations D GSA
D
D
o
D
State Contract
PRIDE/RESPECT
D
D
D
D
D
SNAPS
Sole Source
Piggy-Back
Emergency Purchase
Budgeted Item
Other
Contract Number: PO-JU500022 BID 6276-4/08
NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract.
Fund Source for Purchase:
403-5000-590-96-10 WTR 127
Approvals:
Department Head
::>urchasing Agent
City Manager
:;ity Manager
-4\
, ., ~)^ A~ ~
.,.- ~~v ?
Date
Date
Date
Date
..2f'O(~b-
'orm Revised 02/01/02
REQUEST FOR REQUISITION
P 'T'E. ENTRY DATE: 2/8/06
- h. . .E. REQUISITION # 38110
Clerk: DP
Procurement Ass't;
Director: ~ I
City Manager (non budgeted
capital and/or $5000+):
REASON FOR PURCHASE: Closed circuit television surveillance upgrades for the Utilities Department Off Bldg.
ALSO PROCUREMENT HAS THE BACKUP DOCUMENTS
Converting all equipment to digital video recorders, cameras and monitors on Jan. 23rd.
Piggy-Back Miami Dade County contract - PO-JU500022 BID 6276-4/08
VENDOR INFORMATION: DIVISION: OTHER INFORMATION:
Name: A TC International, Inc. Admin. (X) Date: ASAP ( )
Address: ] 270 NW 165m Street Construction ( ) Date Needed: Confirm. ( )
Miami, FL 33]69 Cust. ReI. ( ) ASAP/Conf. ( )
Distribution ( ) BACKUP DOCS. DELIVERY:
SUBMITTED:
[ ( contact): Water Qual. ( ) QuotesN erbal ( ) E. Admin. 40 (x )
(over $500)
Pumping ( ) Quotes/Written ( ) E.WTP 4] ( )
(over $2000)
Vendor Number: 10025 PWTreat. ( ) Bid Docs. ( ) W.WTP 42 ( )
Meter Servo ( ) Sole Source Ltr. ( ) P/u 99 ( )
[NITlA TOR: Mark Bobich Sewage ( ) Insurance ( ) Special Instructions:
Requirements:
\fJ~~~> ~9; Stnnwtr. ( ) SNAPs/OSAfPiggy baek Project Number: WTR 127
.- -'---92~~
s,(/~~~ ~ . . 1L..t~ / ( 3 - Cc.. t) IJ
~'--rA,.uL-"^,, L-' '--
~uan. Unit Price Description & Part Number Fund Dept Basic Elem Obj Amount
22,968.44 Closed circuit television surveillance 403 5000 590 96 10 22,968.44
upgrades for UtiI. Dept. OfT Bldg.
See attached proposal dated wtr
January 25, 2006 127
TOTAL 22,968.44
,
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
VIII.-PUBLIC HEARING
ITEM A.
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
D April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006
[8J April 18, 2006 April 3,2006 (Noon) D June 20, 2006
D May 2, 2006 April 17,2006 (Noon) D July 5, 2006
D May 16, 2006 May 1,2006 (Noon) D July 18, 2006
Date Final Form Must be Turned
in to City Clerk's Office
May 15,2006 (Noon)
June 5, 2006 (Noon)
June 19,2006 (Noon)
July 3,2006 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM [8J Public Hearing [8J Legal
D Bids D Unfmished Business
D Announcement D Presentation
D City Manager's Report
_--:J
"..--...
"
r...)
c';:
--,~cr:,:
:::=) ~,~~
1/'\0
RECOMMENDATION: Please place this request on the April 18, 2006 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Planning and Development Board, consistent with the staff
recommendation, recommended that the subject request be denied, by a 4-3 vote on March 28,2006. For further details
pertaining to the request, see attached Department Memorandum No. 06-053.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Lawrence Road Project (ANEX 06-003)
Brian Terry, Land Design South
Vermac Properties 6, LLC
Northeast comer of Lawrence Road and 7Ist Avenue South, approximately 350 feet south
ofHypoluxo Road
Request to annex the subject property.
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
UC' M~S'
tty anager sIgnature
Development Dep rtment Director
2,cJ7 fr-
Planning and ZOlln Director City Attorney / Finance / Human Resources
S:\Planning\SHAREDlWP\PROJECTS\Lawrence Rd. Project-Land Design South\ANEX 06-003\Agenda Item Request Lawrence Rd Property ANEX 06-
0034-18-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, ANNEXING 9.349+/- ACRES
5 OF LAND THAT IS CONTIGUOUS TO THE CITY
6 LIMITS WITHIN PALM BEACH COUNTY AND
7 THAT WILL, UPON ANNEXATION, CONSTITUTE
8 A REASONABL Y COMPACT ADDITION TO THE
9 CITY BOUNDARIES; PROVIDING THA T THE
10 PROPER LAND USE DESIGNATION AND
11 PROPER ZONING OF THE PROPERTY SHALL BE
12 REFLECTED IN SEPARATE ORDINANCES TO BE
13 PASSED SIMULTANEOUSLY HEREWITH;
14 PROVIDING FOR CONFLICTS, SEVERABILITY,
15 AND AN EFFECTIVE DATE; PROVIDING THAT
16 THIS ORDINANCE SHALL BE FILED WITH THE
1 7 CLERK OF THE CIRCUIT COURT OF PALM
18 BEACH COUNTY, FLORIDA, UPON ADOPTION.
19
20 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the
21 development of an Annexation Program; and
22 WHEREAS, the Vermac Properties 6, LLC, owner, by and through their agent,
23 Brian Terry of Land Design South, of the property more particularly described hereinafter,
24 have heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of
25 Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a certain tract of
26 land consisting of approximately 9.349+/- acres; and
27 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the
28 following tract of land as hereinafter described, in accordance with Article I, Section 7 (32)
29 of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; and
30 WHEREAS, said tract of land lying and being within Palm Beach County is
S:\CA\Ordinances\Planning\Annexalions\Annexalion, Lawrence Road,doc
1
1 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its
2 annexation, constitute a reasonably compact addition to the City boundary.
3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
4 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
5
Section 1.
That each and every Whereas clause is true and correct.
6
Section 2.
Pursuant to Article I, Section 7 (32) of the Charter of the City of
7 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described
8 unincorporated and contiguous tract of land situated and lying and being in the County of
9 Palm Beach, Florida, to wit:
10 The South 1/2 of the North 1/2 of the Northwest 1/4 of the
11 Northwest 1/4 of Section 7, Township 45 South, Range 43 East
12 less the West 40 feet thereof.
13
.14 Containing: 407,263 Square Feet Or 9.349 Acres More or Less.
15
16 Subject to easements, restrictions, reservations and rights-of-way
1 7 of record.
18
19
20 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be
21 and become part of the City with the same force and effect as though the same had been
22 originally incorporated in the territorial boundaries thereof.
23
Section3 :
That Section 6 and 6( a) of the Charter of the City of Boynton Beach,
24 Florida, is hereby amended to reflect the annexation of said tract of land more particularly
25 described in Section 2 of this Ordinance.
26
Section 4:
That by Ordinances adopted simultaneously herewith, the proper City
27 zoning designation and Land Use category is being determined as contemplated in Section
S:\CA \OrdinancesIPJanninglAnnexationslAnnexation - Lawrence Road.doc
2
1 171.162(2), Florida Statutes.
2
Section 5.
All ordinances or parts of ordinances in conflict herewith are hereby
3 repealed.
4 Section 6: Should any section or provision of this Ordinance or any portion thereof
5 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
6 the remainder of this Ordinance.
7
Section 7:
This Ordinance shall not be passed until the same has been advertised
8 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton
9 Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes.
10
11
Section 8.
Section 9.
This ordinance shall become effective immediately upon passage.
This ordinance, after adoption, shall be filed with the Clerk of the
12 Circuit Court of Palm Beach County, Florida.
13
14
FIRST READING this _ day of
,2006.
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SECOND, FINAL READING and PASSAGE this _ day of
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CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
ATTEST:
Commissioner
City Clerk
(Corporate Seal)
S:\CA\Ordinances\Planning\Annexations\Annexation - Lawrence Road.doc
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,2006.
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING 8r. ZONING DIVISION
MEMORANDUM NO. PZ 06-053
Chair and Members
Planning and Development Board and
Mayor and City Commission
Eric Lee Johnson, AICP ~
Planner ()
Michael W. Rumpf
Director of Planning and Zoning
March 22, 2006
Lawrence Road project (aka Parc Central) / ANEX 06-003 and LUAR
06-004
Annexation of a 9.35-acre parcel; Amend the Future Land Use
designation from Palm Beach County Medium Residential, 5 units per
acre (MR-S) to Medium Density Residential (MeDR) and rezone from
Palm Beach County Agricultural Residential (AR) to Planned Unit
Development (PUD)
Property Owner:
Applicant:
Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Adjacent Uses:
North:
PROJECT DESCRIPTION
Multiple owners
Vermac Properties 6, LLC
Mr. Brian Terry with Land Design South
Northeast corner of Lawrence Road and 7151 Avenue South,
approximately 350 feet south of Hypoluxo Road (Exhibit "A'')
:t9.349 acres (407,263 square feet)
Palm Beach County Medium Residential, 5 units per acre (MR-S)
Palm Beach County Agricultural Residential (AR)
Medium Density Residential (MeDR)
Planned Unit Development (PUD)
Townhouse Community
Developed commercial (Grove Plaza) designated with Local Retail
Page 2
File Number: ANEX 06-003 I LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
Commercial (LRC) land use and zoned Community Commercial (C-3),
then farther north is right-of-way for Hypoluxo Road, then still farther
north is Santaluces High School designated with Palm Beach County
Institutional (I) land use and zoned Palm Beach County Public
Ownership (PO);
South:
Developed single-family residential properties (Jonathan's Grove)
designated with Low Density Residential (LOR) land use and zoned
Single-family Residential (R-l-A), then farther south is vacant
residential located within an enclave of unincorporated Palm Beach
County designated with Medium Residential, 5 units per acre (MR-5)
land use and zoned Agricultural Residential (AR);
East:
Developed single-family residential lots (Nautica Sound PUD) classified
with Low Density Residential (LOR) land use and zoned Planned Unit
Development (PUD); and
West:
Right-of-way for Lawrence Road, then farther west is developed
residential property (Palmyra I) located within unincorporated Palm
Beach County with Medium Density, 5 units per acre (MR-5) land use
and zoned Planned Unit Development (PUD).
EXECUTIVE SUMMARY
This request is found to be inconsistent with the policy recommendation and I or intent of the
Comprehensive Plan. Staff recommends denial of the requested annexation, land use amendment
and rezoning for the following reasons:
1. The requested land use category of Medium Density Residential (MeDR) for the proposed
development is inconsistent with the recommendation for Planning Area 6.C. of the
Comprehensive Plan Future Land Use Support Document, Section VII, Problems and
Oooortunities. The above-referenced recommended land use category for this area of the
city is Low Density Residential (LOR), not Medium Density Residential (MeDR) in order to
maintain consistent densities and residential character throughout the area. The proposed
project density of 9.63 dwelling units per acre, which would be just under the threshold of
High Density Residential (HDR) strongly contrasts the recommended density and the single-
family character represented by the predominance of single-family detached homes built
within the immediate vicinity at less than five (5) dwelling units per acre;
2. Although the requested annexation is consistent with the City's annexation policy because
the property is contiguous with properties lying within the City of Boynton Beach, and forms
a reasonably compact addition to the city boundaries; it cannot be successfully annexed into
the City without the concurrent reclassification and rezoning of the property;
3. Staff disagrees with the applicant's assertion that the site is considered "transitional"
(because it abuts up to a commercial property (Grove Plaza) to the north) and consequently,
eligible and more appropriate for higher residential densities, rather than lower residential
densities;
Page 3
File Number: ANEX 06-003 / LUAR 06-004
Name: Lawrence Road project (aka Pare Central)
4. That approval of this request could set a precedent for similar land use and zoning on the
vacant property south of Jonathan's Grove;
5. There still is a market for Single-family detached homes in this area as evidenced by the
surrounding residential subdivisions and recent development application for said homes on
the property south of Jonathan's Grove; and
6. That there are sites elsewhere in the City where townhouse development can be constructed
and be more compatible with surrounding residential developments.
PROJECT ANALYSIS
Mr. Brian Terry, agent for the applicant, Vermac Properties 6/ LLC is proposing to annex into the City
of Boynton Beach, a 9.35-acre parcel located at the northeast corner of Lawrence Road and 7151
Avenue South, approximately 350 feet south of Hypoluxo Road. Several of the lots that comprise
the 9.35-acre parcel have been developed with single-family detached homes. Accompanying this
request for annexation are requests to amend the Future Land Use Element of the Comprehensive
Plan to show the annexed land as "Medium Density Residential" and to rezone this property to a
Planned Unit Development (PUD). The proposed PUD would provide for the construction of 90
townhouse units with a gross density of 9.63 dwelling units per acre. Because of the size of the
subject property, the Florida Department of Community Affairs classifies this amendment 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.
Master I Site Plan Analysis (see Exhibit "8/1
The applicant is proposing to rezone from Agricultural Residential (AR) to a Planned Unit
Development (PUD). The uses proposed in the PUD and the acreages devoted to each are as
follows:
La nd Uses Acres
Multi-family Residential 3.58
Private Recreation 0.89
Vehicular Use area 2.26
Open space / Landscaping 2.62
TOTAL 9.35
The Medium Density Residential (MeDR) land use category allows for a gross density (permitted by
the zoning regulations) of greater than 7.26 dwelling units per acre but not more than 9.68 dwelling
units per acre. In this instance, the applicant is proposing a development containing 90 units for an
overall density of 9.63 dwelling units per acre. The 90 units are proposed within 18 separate
buildings on the 9.35-acre site. The unit size would vary depending on the model type selected,
namely Model "A", "B", and "C". Model "A" would be the smallest unit style at 1,789 square feet
while Model "c" would be the largest unit (1/957 square feet). The master plan tabular data
indicates that the townhouse buildings would be two (2) stories tall and up to 35 feet in height.
Page 4
File Number: ANEX 06-003 I LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
Each unit would have its own two (2)-car garage. The master plan also proposes 21 guest parking
spaces throughout the site.
The project's point of ingress I egress is proposed along Lawrence Road. The curb cut on Lawrence
Road would be separated by a landscaped median. Vehicles entering the site would proceed to a
circular drive that terminates at gated entry points. Upon entering through the secured access
points, the master plan shows two (2)-way drive aisles proposed along the perimeter of the project.
These linear east-west drive aisles would be 25 feet in width and conform to current engineering
standards. The landscape buffers are proposed on the outside of the drive aisles. A landscape
buffer 10 feet in width is proposed along the south property line abutting the Single-family
residences of Jonathans Grove while a is-foot wide landscape buffer is proposed along the east
property line abutting the single-family residences of Nautica PUD. However, the width of the north
landscape buffer (adjacent to the Grove Plaza commercial center) would vary between five (5) feet
- six (6) inches to 15 feet. The master plan proposes two (2) recreation areas, located at opposite
ends of the rectangular-shaped parcel.
Review Based On Criteria
The criteria used to review Comprehensive Plan amendments and rezonings 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.
Pursuant to Section 9.C.2 (2) of the Land Development Regulations, when reviewing requests for
annexation, staff is not required to review the petition against the eight (8) criteria by which land
use amendments and rezonings are to be reviewed as indicated in Section 9.C.7. when the proposed
zoning is consistent with zoning or land use recommendations contained in the Comprehensive Plan.
Usually in those instances, staff analysis relates only to consistency with other relevant portions of
the Comprehensive Plan, the city's annexation program and service capability. The requested land
use designation and rezoning are for a change to higher residential intensities; therefore, a review
based on the criteria is warranted.
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'$ risk manager. The planning
department shall also recommend limitations or requirements, which would
have to be imposed on subsequent development of the property, in order to
comply with policies contained in the comprehensive plan.
As previously mentioned, the subject property is located within unincorporated Palm Beach County.
As such, the County current land use designation is MR-5, which would allow up to five (5) dwelling
units per acre or in this case, a maximum of 46 units. The applicant's intent is to annex the site for
the development of a master planned community at a density of 9.63 dwelling units per acre. A
relevant Comprehensive Plan policy pertaining to intergovernmental coordination is as follows:
Page 5
File Number: ANEX 06-003 / LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
Objective 8.11
The City shall participate in intergovernmental coordination processes to
ensure full consideration is given to the impacts of proposed
Comprehensive Plan amendments and future developments on the ability
of the City and adjacent local governments to implement their
Comprehensive Plans and to address area wide land use needs and
justification for amendments.
The requested project density is above what is currently allowed under the County land use
designation. However, it should be noted that the property may potentially be developed with
additional units by utilizing two County land development programs, namely, the Transfer of
Development Rights (TOR) Program and / or the Workforce Housing Program (WHP). As part of the
TOR Program, the County Zoning Division would review a submitted TOR application to determine if
developing a property with additional units from the TOR program is compatible with the existing
development surrounding the property. According to the County, such a determination may indeed
preclude the use of most or all of the TOR units that could be developed on the subject property.
Higher densities may be achieved through the WHP; in this case up to 36 units. However, the
County Planning Division would require the developer to set aside 50% of the 36 additional units for
"workforce housing" under the guidelines of the Program. At this time, the City has no TDR or
affordable housing programs available to developers. While the applicant would be unable to
develop under the County zoning at the desired density without meeting the conditions of the
aforementioned County programs, the applicant has instead chosen to request annexation into the
city with the proposed higher density. City staff opines that the proposed density (9.63 units per
acre) is too intense pursuant to the Comprehensive Plan Future Land Use Support Document,
Section VII, Problems and Opportunities, which recommends as follows:
"Planning Area 6.C. Unincorporated Parcels Adjoining Northwest Corner of the City (presently
unincorporated). With exception of the eight (8)-acre parcel adjacent to Hypoluxo (which is
now Grove Plaza), these parcels should be annexed and placed under the Low Density
Residential land use category, in order to ensure compatibility with existing and future
residential land uses in the vicinity. Annexation of these properties will square off the City's
boundary and will allow the City to control the use of these parcels. Development of these
parcels should be compatible with existing low-density single-family dwellings in this area.
Development of the parcels that lie to the south of the above-mentioned parcel should be
limited to low-density single-family detached dwellings, with a gross density of not more
than three and one-half (3.5) units per acre".
The requested density would require reclassification to the Medium Density Residential (MeDR) land
use designation, which allows up to 9.68 dwelling units per acre. The proposed land use
classification not only represents a deviation from the recommended classification but is nearly three
(3) land use classes higher in density and therefore, conflicts with the following objective of the
Future Land Use Element of the Comprehensive Plan:
Objective 1.16
The City shall continue to regulate the use, density, and intensity of land
use, by requiring that all land development orders be consistent with the
Future Land Use Plan and other applicable policies of the Comprehensive
Plan.
The City has three (3) land use categories that strictly allow single-family detached homes. They
are as follows: Low Density Residential (LDR), Moderate Density Residential (MoDR), and Medium
Page 6
File Number: ANEX 06-003 / LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
Density Residential (MeDR). The LDR category allows up to 4.84 dwelling units per acre. The MoDR
category allows a range of densities, between 4.85 and 7.26 dwelling units per acre while the MeDR
allows between 7.27 and 9.68 dwelling units per acre. Anything higher than 9.68 dwelling units per
acre would require the HDR land use category. To put the proposed density into perspective with
the city's single-family land use categories, the proposed density of 9.63 dwelling units per acre is
approximately 0.05 dwelling units per acre below the threshold of the High Density Residential
(HDR) land use category of 9.68 dwelling units per acre, which would be clearly incompatible with
the surrounding land uses to the east, south, and west. According to the Land Use Element of the
Comprehensive Plan, the recommended land use designation allows up to 3.5 dwelling units per
acre. This means that the subject property, being 9.35 acres, is recommended to accommodate up
to 32 dwelling units or less than one-half (1/2) the total units proposed in the accompanying master
plan. The project proposes single-family attached dwellings (townhouses) but the above-referenced
policy recommends single-family detached dwellings. Again, another relevant objective of the
Future Land Use Element of the Comprehensive Plan indicates the following:
Objective 1.19
The City shall evaluate and allow a range of land uses for which the area,
location, and intensity of these uses provide a full range of housing
choices, commercial uses, to ultimately increase tax base, employment
opportunities, recreation and open space opportunities, and public uses
including school sites for both existing and projected populations,
provided that all other comprehensive plan policies are complied with.
Staff concurs with the applicant that the proposed rezoning to PUD to allow townhouses would
increase the diversity of housing types in the locality. In recognizing this and because of the fact
that the property to the north has been developed with a commercial plaza, staff can make
concessions to the above referenced recommendation for Planning Area 6.C., as it relates to the
type of dwelling units or a mix of dwelling unit types; however, the proposed density would not
meet the intent of the recommendation of the Comprehensive Plan. Furthermore, staff can also
make concessions to the above-referenced policy recommendation that limits the property to 3.5
dwelling unit per acre by allowing the project density to be developed within the limits of the LDR
land use category (up to 4.84 dwelling units per acre). It should be noted that by utilizing the PUD
zoning, these units could be arranged with a higher density unit type (i.e. townhouses) being
constructed along the northern boundary of the property adjacent to Grove Plaza and less-dense
unit type (Le. single-family detached) constructed abutting the single family development to the east
or south, or the density could be dispersed uniformly on the property. This flexibility is available
based on the advisory status of the site specific land use recommendations within the Problems and
Opoortunities Section of the Comprehensive Plan.
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
districts, or would constitute a grant of special privilege to an individual
property owner as contrasted with the protection of the public welfare.
According to the land use amendment / rezoning application, the subject site is currently developed
at a residential intensity of 0.64 dwelling units per acre. Staff concurs with the applicant and
acknowledges that rezoning from County AR to PUD would not create an isolated district unrelated
to adjacent and nearby districts because there are neighboring properties with PUD zoning, lying to
the south, east, and west of the subject property. However, provided below is a list of specific
objectives taken from the Comprehensive Plan which are relevant to this annexation and land use
Page 7
File Number: ANEX 06-003 / LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
amendment / rezoning request. These objectives were taken from the Future Land Use and
Housing Elements of the Comprehensive Plan.
Objective 1.15
The City shall encourage planned development projects which are
sensitive to characteristics of the site and to surrounding land uses, and
mixed-use projects in locations which are appropriate, and utilize other
innovating methods of regulating land development.
Objective 1.17
Minimize nuisances, hazards, and other adverse impacts to the general
public, to property values, and to residential environments by preventing
or minimizing land use conflicts.
Objective 6.3
By the year 2002, the City shall continue to implement a series of housing
programs aimed at providing adequate housing and housing sites for the
homeless, very-low, low and moderate-income persons to meet their
housing needs.
Pursuant to the recommendation for Planning Area 6.C. within the Comprehensive Plan's Future
Land Use Support Document, Section VII, Problems and Oooortunities, the proposed rezoning to a
Planned Unit Development consisting of townhouse units at a density of 9.63 dwelling units per acre
would not be compatible with the single-family detached homes which lie to the east, south, and
west of the subject site.
Staff compared the characteristics between the subject property and the surrounding properties.
For example, the Grove Plaza commercial center located to the north, is zoned C-3 and would allow
up to 10.8 dwelling units per acre under the Local Retail Commercial land use category. Initially,
this would support the applicant's justification for higher residential densities on the subject
property, above and beyond the five (5) dwelling units per acre allowed by the current County MR-5
land use. However, lower residential densities lie to the south, east, and west of the subject
property. For example, the residential lots to the south, developed as the Jonathan's Grove
subdivision, are zoned R-l-A. Platted in 1993, Jonathan's Grove is exactly the same size (9.35
acres) as the subject property, but was developed with only 32 lots at a density of 3.4 dwelling units
per acre. This is in sharp contrast with proposed 9.63 dwelling units per acre. In fact, there are a
total of 16 lots within the Jonathan's Grove subdivision that directly abut the subject property. The
maximum building height in the R-l-A zoning district is 30 feet. While all lots within Jonathan's
Grove are allowed by code to be developed as two (2)-story structures, it appears as though 15 of
the 16 houses that abut the subject property were developed with one (l)-story structures.
Structure "massing" is one of the major differences between a 30-foot tall townhouse building and a
30-foot tall single-family detached home. The perceived massing of a townhouse building with three
(3) or more units is greater than the massing of one (1) large, single-family detached home. In
other words, a row of townhouse buildings appears larger than a row of single-family detached
homes despite both being limited to equal building heights.
Located west of Lawrence Road is a residential subdivision within Unincorporated Palm Beach
County zoned PUD and classified Medium Residential MR-5. The Palmyra PUD was developed at a
density of 4.4 dwelling units per acre. The density of the Palmyra PUD is well below the requested
density of this project.
Page 8
File Number: ANEX 06-003 / LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
The properties to the east lie within the Nautica Sound PUD subdivision, formerly known as the
Knollwood Groves PUD. On October 17, 1989, the City Commission approved the rezoning from AG
(Agriculture) and R-1MA (Single-family Residential) to PUD. This 1l0.91-acre subdivision was
platted in 1996 with 424 residential lots equating to an overall density of 3.82 dwelling units per
acre. Again, the density proposed by the applicant would be much higher than the built
environment of its neighbor to the east. The applicant asserts that" while the proposal results in a
higher density than immediately adjoining residential properties, it is considered that the site and
proposed development perform a transitional and buffering role from commercial development to
the north of these properties'. The Palmyra and Jonathan's Grove subdivisions do not abut the
commercial project. However, a 240-foot long stretch of the Nautica Sound PUD - Plat Two
subdivision directly abuts the Grove Plaza commercial center, which is similar to this project.
Contrary to what is argued by the applicant regarding townhouses as the necessary transitional use,
the Nautica PUD was developed with single-family detached homes where it abuts the same
commercial plaza as that of the subject property. It should be noted that Grove Plaza was platted in
1998, subsequent to approval of Nautica PUD - Plat Two. Nonetheless, Grove Plaza was reviewed
and approved with full knowledge that it would abut single-family detached homes of the Nautica
PUD and visa-versa. The main difference between the Nautica PUD - Plat Two and Jonathan's
Grove is that many of the homes in the Nautica PUD were developed as two (2)-story structures.
Staff disagrees with the applicant's assertion that the proposed development is considered to
provide an appropriate interface with adjoining properties and is consistent with the character of the
locality. The applicant admits that there is a predominance of Single-family detached housing within
the immediate vicinity. Again, staff does not object to a mix of residential units that includes
townhouses but rather is concerned about significantly higher proposed density.
Comprehensive Plan Objective 6.3 addresses the need for the City to address affordable housing
issues. The applicant provided a thorough examination of current and anticipated population
projections, rising property values within the City and County, and the need for affordable housing.
The applicant states that "the proposal responds to the current real estate context of rising single-
family housing prices by providing a more affordable alternative for residents of Palm Beach
County". While it is true that this proposal would provide alternate housing and it may in fact,
provide for a more affordable solution, it does nothing to address the needs of affordable housing in
general. Staff acknowledges that solving the County's socia-economic woes and rising real estate
cost are not a responsibility of the developer. However, density bonuses and inclusionary zoning is
a common tool for local municipalities to increase the affordable housing options beyond what the
market currently provides on its own. The positive aspects of inclusionary zoning include the
production of affordable housing at little cost to local government and the creation of income-
integrated communities. The City and Community Redevelopment Agency (CRA) are currently
having the affordable housing needs of the City studied as a prerequisite to potential inclusionary
housing program.
c. Whether changed or Changing conditions make the proposed rezoning
desirable.
Over the last decade, the city has witnessed a steady trend of properties located either on or near
Lawrence Road, being converted from agricultural to residential uses through the construction of
Single-family homes. A predominance of zero-lot line homes have been already constructed within
the immediate vicinity of the subject property. Therefore, there would be no significant change in
conditions that would make the proposed rezoning to Planned Unit Development (PUD) undesirable,
Page 9
File Number: ANEX 06-003 / LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
only the intensity associated with the proposed development, which is unprecedented in the
immediate area.
d. Whether the proposed use would be compatible with utility systems,
roadways, and other public facilities.
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 reviewed the traffic study for the
proposed annexation / land use amendment / rezoning and determined that the proposed
residential project meets the Traffic Performance Standards of Palm Beach County. The
accompanying master plan is expected to generate 644 new daily trips or 184 more trips than the
projected number of trips had the property been built-out to its maximum potential under the
current County MR-S land use classification. The project is estimated to require a total of 40,000
gallons of potable water per day. The City's water capacity, as increased through the purchase of
up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the
projected demand for this project. Additionally, sufficient sanitary sewer and wastewater treatment
capacity is currently available to serve the projected total of 18,000 gallons per day.
Maximum Potential Water I Sewer Traffic
Development Population Demand Generation
Potential Trips I day
Existing Land Use 46 townhouse 105 persons 19,780 gpd I 322**
or 8,901 gpd
46 single- 460**
family
detached
Proposed Development 92 fee-simple 201 persons 40,000 gpd I 644*
townhouse 18,000 gpd
units
* Statistics derived from the land use / amendment application and its supporting documents;
** Telephone conversation with MTP Group, Inc. on March 13, 2006
With respect to solid waste, 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 Fire Rescue and Police
Departments have reviewed the application and determined that current staffing levels would be
sufficient to meet the expected demand for services. Lastly, drainage will also be reviewed in detail
as part of the review of the site plan approval, 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.
As outlined in the responses to Criterion "a" and "b", the proposed land use would be inconsistent
with those residential densities approved on the adjacent properties. The residential land uses
Page 10
File Number: ANEX 06-003 / LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
within the immediate vicinity are characterized by low density development and likewise, should be
the same for this property. However, the proposed rezoning to PUD would in fact, be consistent
with the current zoning of the adjacent and nearby properties. According to the Palm Beach County
Property Appraiser Office, the price of homes that sold in the last six (6) months within Nautica
Sound PUD - Plat Two, range between $335,000 and $425,000. Homes that sold within the last six
(6) months in Jonathan's Grove subdivision ranged between $395,000 and $460,000. Homes that
sold in Palymra ranged between $380,500 and $455,000. Regardless of what density is proposed,
staff anticipates that any effect on property values would be positive and would help to increase the
city's tax base. However, it is highly likely that the townhomes associated with the accompanying
master plan would sell for less money than adjacent single-family detached homes of the adjacent
developments.
f. Whether the property is physically and economically developable under the
existing zoning.
Under the existing County AR zoning, the property could be utilized for a variety of agricultural or
conservation purposes. Also permitted are single-family detached dwellings on a minimum lot area
of five (5) acres. The City has approved numerous townhouse projects within the last few years.
Likewise, the City has also approved many residential communities consisting of single-family
detached and zero lot-line homes. These communities of single-family detached homes are more
prevalent west of Congress Avenue. As previously mentioned, the Palmyra One project was one
such project that was recently approved by the County for single-family detached homes. Palmyra
Two, an extension of Phase One is an example of an adjacent property that was recently annexed
into the city and rezoned to PUD for the construction of 85 single-family homes. Staff understands
that the developer of the Palmyra PUD is currently searching for more vacant parcels along
Lawrence" Road in which to develop. It should be noted that in March of 2006, another developer
submitted an annexation and land use amendment / rezoning request for a PUD consisting of 15
zero lot-line homes on the vacant parcel directly south of Jonathan's Grove. This vacant parcel is
very similar to the subject property in terms of its location, size, and topography. The only
difference between the two (2) is that the subject property abuts commercial zoning while this new
application does not. Based on the above, it would appear that the property is physically and
economically developable under the current Comprehensive Plan policy for single-family detached
homes, developed under the LOR land use category. The applicant emphasizes that "it is considered
that the proposed MeDR land use best responds to the transitional nature of the site and the site
context being between commercial and low density single-family development". Staff disagrees with
the applicant that the subject property is considered transitional, especially based upon previous
discussions regarding the Nautica Sound PUD immediately abutting the same commercially-zoned
parcel. It should be noted that the Palmyra and Vineyards residential projects both consist of single-
family detached homes located along Hypoluxo Road, an intense arterial road, without any
transitional elements.
g. Whether the proposed rezoning is of a scale which is reasonably related to
the needs of the neighborhood and the city as a whole.
Due to the proposed density and building massing, it is arguable as to whether the proposed
rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a
whole. Approval of this rezoning request for medium density residential development may also set a
precedent for similar land use and zoning on the vacant parcel to the south of Jonathan's Grove.
Staff understands that land values directly and indirectly influenced the magnitude of townhouse
Page 11
File Number: ANEX 06-003 / LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
projected developed in the city; however, these projects have been located along Federal Highway
and Congress Avenue where higher densities and mixed-uses are encouraged and represent the
urban environment. However, the suburban areas should be recognized and preserved for those
residents seeking the suburban environment.
h. Whether there are adequate sites elsewhere in the city for the proposed use,
in districts where such use is a/ready allowed.
Townhouse buildings are currently permitted in the Multi-family Residential (R-3), the Suburban
Mixed-Use (SMU), Infill Planned Unit Development (IPUD), Mixed Use-Low Intensity (MU-L), and as
conditional uses in the Mixed Use-High Intensity (MU-H) zoning districts. The remaining supply of
vacant land zoned for multi-family housing is somewhat limited, as the City progresses towards
build-out. However, build-out does not necessary mean that there are not other redevelopment
opportunities elsewhere in the City. In fact, the City has been experiencing a tremendous amount
of redevelopment and infill activity, especially in the eastern and urban areas of the City, such as
along Congress Avenue where buildings, particularly commercial structures are razed and replaced
with townhouse projects. With the vision and recommendations of the Federal Highwav Corridor
Community Redevelooment Plan and subsequent creation of the Special High Density Residential
(SHDR) land use category, Mixed Use-Low Intensity (MU-L), Mixed Use-High Intensity (MU-H), and
the Infill Planned Unit Development (IPUD) zoning districts, there are still many opportunities
elsewhere in the City where townhouse development would be highly appropriate due to them being
endemic to such urban environments.
CONCLUSIONS/RECOMMENDATIONS
In terms of concurrency, enough capacity exists to serve the development. Annexation into the City
and subsequent rezoning to PUD would not create additional impacts on infrastructure that cannot
be accommodated by existing capacities. However, as indicated herein, this request is found to be
inconsistent with the policy recommendation and / or intent of the Comprehensive Plan. Therefore,
staff recommends this requested be denied based on the following conclusions:
1. The requested land use category of Medium Density Residential (MeDR) for the proposed
development is inconsistent with the recommendation for Planning Area 6.C. of the
Comprehensive Plan Future Land Use Support Document, Section VII, Problems and
Opportunities. The above-referenced recommended land use category for this area of the
city is Low Density Residential (LDR), not Medium Density Residential (MeDR). The
proposed project density of 9.63 dwelling units per acre, which would be just under the
threshold of High Density Residential (HDR), is too intense for this suburban area of the City
where there is a predominance of single-family detached homes;
2. Although the requested annexation is consistent with the City's annexation policy because
the property is contiguous with properties lying within the City of Boynton Beach, and forms
a reasonably compact addition to the city boundaries; it cannot be successfully annexed into
the City without an appropriate land use category;
3. Staff disagrees with the applicant's assertion that the site is considered "transitional" and
therefore more appropriate for higher residential densities in lieu of lower residential
densities, despite the fact that it abuts up to commercial property (Grove Plaza) to the
north;
Page 12
File Number: ANEX 06-003 / LUAR 06-004
Name: Lawrence Road project (aka Pare Central)
4. That approval of this request could set a precedent for similar land use and zoning on the
vacant property south of Jonathan's Grove;
5. There still is a market for single-family detached homes in this area as evidenced by the
surrounding residential subdivisions and recent development application for said homes on
the property south of Jonathan's Grove; and
6. That there are adequate sites elsewhere in the City where townhouse developments are
more appropriate and compatible.
If the Planning and Development Board or the City Commission recommends conditions, they will be
included as Exhibit "C".
S:\Planning\SHARED\WP\PROJECTS\lawrence Rd. Project-land DesIgn South\LUAR 06-004\Staff Report.doc
LOCATION MAP
Lawrence Road Project
Exhibit "A"
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PARC CENTRAL
PREPARED FOR: VERMAC
CITY OF BOYNTON BEACH, FLORIDA
LAND.
DESIGN
SOUTH
l8ndec:ape AR:M8cfu
EXHIBIT "e"
Conditions of Approval
Project name:
File number:
Lawrence Road project (aka Parc Central)
ANEX 06-003 and LUAR 06-003
f
Reference: Staf report Memorandum P&Z 06-053
I DEP ARTMENTS I INCLUDE I REU:CT I
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING & ZONING
Comments: None
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Page 2
Lawrence Road project (aka Parc Central)
File No.: ANEX 06-003 and LUAR 06-004
DEPARTMENTS INCLUDE REJECT
Comments:
l. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
2. To be determined.
S:\Planning\SHAREDlWP\PROJECTS\Lawrence Rd. Project-Land Design South\LUAR 06-004\COA.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
--------
March 28, 2006
to allow a rear setback of one (1) foot, a variance of 7 feet within the R-l-AA zoning district.
Mr. Cwynar seconded the motion that passed 7-0.
Attorney Tolces commented there were three Lawrence Road items and he asked if the Board
wished to hear all the presentations concurrently. Mr. Weiner, the applicant's representative,
agreed. Chair Wische wished to take the applications in agenda order.
A. Annexation
Description:
Lawrence Road Property (ANEX 06-003)
Brian Terry, Land Design South
Vermac Properties 6 LLC
NE corner of Lawrence Road and 7151 Avenue
South, approximately 350 feet south of Hypoluxo
Road.
Request to annex the subject property
1.
Project:
Agent:
Owner:
Location:
Land Use Amendment/Rezoning
Description:
Lawrence Road Property (LUAR 06-004)
Brian Terry, Land Design South
Vermac Properties 6 LLC
NE corner of Lawrence Road and 71st Avenue
South, approximately 350 south of Hypoluxo Road
Request to amend the Comprehensive Plan Future
Land Use Map from MR-5 (Palm Beach County) to
Medium Density Residential (MEDR); and
2.
Project:
Agent:
Owner:
Location:
Proposed Use:
Request to rezone from Agricultural Residential
(AR, Palm Beach County) to Planned Unit
Development (PUD)
90 multi-family residential units
New Site Plan
Description:
Lawrence Road Property (NWSP 06-006)
Brian Terry, Land Design South
Vermac Properties 6 LLC
NE corner of Lawrence Road and 71 st Avenue
South, approximately 350 south of Hypoluxo Road
Request new site plan approval to construct 90 fee-
simple townhouse units on a 9.35-acre parcel in
the Planned Unit Development (PUD) zoning
district.
3.
Project:
Agent:
Owner:
Location:
Michael Weiner of Weiner & Aronson, P.A., Boynton Beach, explained the applicant had
arranged the presentation to mirror the Staff reports, which addressed zoning and annexation
together and the site plan separately.
5
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
March 28, 2006
Chair Wische deferred to Eric Johnson, Planner, who responded Staff did not have an issue with
the annexation request, but annexations had to have a land use designation and a zoning
district. Of the three applications, Staff had a problem with the proposed land use and the
zoning. He recommended all three items be heard at the same time. The Board agreed.
Mr. Johnson characterized the surrounding properties, uses and zoning classifications:
Grove Plaza
Jonathan's Grove
Nautica Sound
Palmyra I
Local Retail Commercial
Low Densi Residential
Low Densi Residential
Palm Beach County Medium Density
Residential
The subject property is now located within the unincorporated area of Palm Beach County and
has a Palm Beach County land use of Medium Residential, 5 units per acre (MR-S). Its zoning
district is Palm Beach County Agricultural Residential (AR). The proposal is to annex into the
City of Boynton Beach and be classified with the Medium Density Residential Land Use and the
Planned Unit Development (PUD) zoning district.
Staff reviewed the proposal and concluded there was an issue with the proposed density of
9.63 du/acre. This density is at the high end of the Medium Density Residential land use of 9.68
du/acre. The proposed density is just under the City's High Density Residential land use and is
not compatible with the surrounding properties. The subject project is surrounded on three
sides by Low and Medium Density Residential land uses, R-l-AA Single Family Residential, all
having densities of less than 5 du/acre.
The applicant believed the proposed project would fall into the Medium Density Residential
category because the project would act as a buffer/transition between the existing land uses.
However, Mr. Johnson noted there was a 240-foot length of single-family homes that also
abutted the same commercial properties as the proposed project.
Mr. Johnson displayed the site plan. The project is comprised of eighteen different townhouse
buildings with a clubhouse building and recreation facility. Cars would have a single point of
ingress and egress from Lawrence Road.
Mr. Johnson referred to an advisory section in the Comprehensive Plan saying that if this
property were ever annexed into the City, it should have a Low Density Residential land use.
The proposed project would exceed the advisable density. The advisory also calls for single-
family homes for the area.
Under the County's laws, the developer could get up to 5 du/acre. The County also had other
programs where the developer might be able to capture additional units.
Staff could make concessions in the type of dwelling units proposed such as a mix of town
homes and single-family homes, or even all town homes, but not at the proposed density.
6
Mertlng Minutes
Planning and Development Board
BOtnton Beach, Florida
March 28, 2006
If annexed and developed, the City services would be adequate to meet the demand and traffic
concurrency was met. The site plan meets all the City's Codes and any facet that did not would
comply after satisfaction of the Conditions of Approval in Exhibit C.
Staff recommended denial of the annexation, land use and rezoning requests.
Chair Wische asked Mr. Johnson to comment on Objective 1.16 in regard to having
development orders be consistent with the Future Land Use Plan. He asked whether decisions
were made based on the future or present. Mr. Johnson responded the Future Land Use was
part of the Comprehensive Plan and this particular 9.35-acre parcel was not located within the
City, so it could not be a part of the Future Land Use Plan. However, they did have an advisory
document recommending if annexed, the property should be Low Density Residential.
Attorney Tolces added they were attempting to affix a land use to this property and that would
then be part of the Future Land Use Map for the City. At that point in time they would assign a
zoning category that was consistent with the land use designation
Brian Terry and Bob Vince of Land Design South, 2101 Centre Park West, West Palm
Beach, made a presentation. Michael Weiner of Weiner & Aronson, P.A., also participated
in the presentation.
Mr. Weiner pointed out the areas in which Staff agreed with the developer. He contended the
Comprehensive Plan advice to develop the area with Low Density Residential was at best an
advisory. He acknowledged the County would allow them to have 15% higher density, but they
wished to be in Boynton Beach and have a PUD. They met all site plan requirements and did
not disagree with any of the Conditions of Approval.
Mr. Terry displayed a PowerPoint presentation on this project, which is also known as Parc
Central. A copy of this presentation is attached to the minutes on file in the City Clerk's office.
Mr. Terry declared the site plan had been designed to be inward looking to enhance
compatibility with the surrounding uses. A significant fountain feature is placed at the entrance.
The site would be pedestrian friendly, gated, and have buffering around the entire property. In
addition to the clubhouse and recreation center, there is a tot lot and cabana with a pool and
spa. They were not proposing any walls on the Lawrence Road side.
Almost 4 acres of the 9.35-acre parcel was dedicated to open space, which was located on each
end of the site. A pedestrian corridor runs through the center of the development and also
between each row of units. The proposed townhouses would be fee simple and not
condominiums. The residents would own a lot as well as a town home. The site plan allows 80
feet of separation from the neighborhoods, much more than would be possible with single-
family homes.
The applicant believed Nautica Sound had actually been built out at 6.8 dujacre.
Mr. Terry displayed the architectural elevations for the project. During the Board discussion
following this presentation, many Board members commented on the attractive appearance of
the project.
7
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
March 28, 2006
Chair Wische asked whether the applicant agreed with the 48 Conditions of Approval. Mr.
Weiner indicated they agreed to all conditions.
Mr. Weiner addressed the eight criteria for approval as listed in the Land Development
Regulations.
1. Consistency with Comorehensive Plan - The project location was unique since it had
residential on three sides and commercial on another, which limited development potential for
single-family homes. Requiring single-family homes on this site would go against Objectives
1.19 and 1.17. Juxtaposing single family to commercial made no sense.
2. ConsistencY with Established Land Use Pattern - Grouping the buildings in the center of
the project created as much distance as possible from the obnoxious uses to the north and the
surrounding single-family residential communities. Single-family homes would be much closer to
the neighbors.
3. Chanaed Conditions - The changed condition was the intense commercial, automotive,
development to the north of the proposed project, negating the advisory in the Comprehensive
Plan calling for a Low Density Residential land use and single-family homes for this area. The
City's Code requires it to recognize changed conditions.
4. Concurrency and Annexation - There was agreement between Staff and the developer
that concurrency had been met and annexation could be supported.
5. Comoatibility with Adiacent Prooerties - Precedence - The proposed use provided a
traditional step-down in intensity to the adjoining intense commercial use. Approving this
project would not set a precedent. There was a project on Federal Highway and Gulfstream
Boulevard on which the City had ignored an advisory in the Comprehensive Plan due to
changed circumstances in the area.
6. Economicallv Develooable under Existing Zoning - The existing zoning is AR, which could
be one house on five acres or a farm. The site was not economically developable under those
conditions. Other County programs would allow them 15-20% more density, but the intent was
to be in the City and have a PUD.
7. Needs of the Neiahborhood - Market Demand - Staff agreed housing was critical to the
City and that meant the project would meet the reasonable needs of the neighborhood. If
forced to do single-family housing, the housing would cost more than the mean average in Palm
Beach County of $420K and that was not realistic for this site in today's market. Boynton Beach
needs homes in the median range.
8. Adequate Sites Elsewhere - Alternate Locations - The Staff Report indicated the only
other suitable sites would be on Federal Highway. This was one of the few adequate sites in
this quadrant for this kind of project.
The developer initiated discussions with the neighbors early in the planning stages. To relieve
their concerns, the project would have tiers of landscaping that would be mature at planting.
8
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
March 28, 2006
There would also be the highest possible berms allowed by Code and the topography. They did
not plan to place walls on the FPL easement.
In summary, the developer believed the project met the criteria against which it was reviewed
and that the project was the best possible solution for this site.
Chair Wische opened the floor for the public to speak.
Carol Fink, 3813 Jonathan's Way in Jonathan's Grove, lives in property that backs up to
the proposed property. Ms. Fink was not against the project, but objected to the increase in
traffic 90 new units would add to the roads, especially at peak times. According to the Palm
Beach County Traffic Department, the road could not be widened any further. The Traffic
Department advised a developer's request to "break through" a median on Lawrence Road had
been denied since there was already too much traffic on Lawrence Road.
Ms. Fink contended the Jonathan's Grove wall would be opposite a high berm on the proposed
site, creating an alleyway where undesirable activities could take place at night. The easement
was also for the existing paved road that would be relocated inside the proposed project
boundaries, to become part of its entrance. She suggested moving the wall out to their property
line.
Jerry Dozer, a resident of Lot No.6 in Jonathan's Grove, would agree to the project with
less density, even if it were more expensive. Mr. Dozer believed it would be impossible to
accommodate the increase in traffic the project would bring. He remarked the people living next
to the FPL easement paid taxes on it although they did not have access to it. He was sure the
engineers had looked at flood control issues, but noted engineering designs did not always work
as planned and this was an area of concern.
Lisa Crandall, 1088 Fairfax Circle West, lives in Lawrence Grove, one quarter mile to the
south of the proposed project and was in favor of the project. She lives in a single-family
detached community and to get to any of her common grounds, it was necessary to walk in the
middle of the road, including children running to the pool and playground. What she most liked
about the concept of the proposed project was that the entire roadway was on the perimeter of
the property. Not only would children be safe going to and from the play areas, adults would
not have to fight traffic to get to their common areas. It would be positive for people with
children in schools.
Chair Wische closed the floor for public comment when no one else came forward to speak.
Eric Johnson added several people had come into the Planning and Zoning Department, but had
not expressed any objection or approval for the project. However, a letter had been received
from Jennifer Humphrey at 7067 Chesapeake Circle, Nautica Sound, objecting to the
density of the project and indicating she planned to bring a signed petition from her neighbors
to the City Commission meeting.
Mr. Weiner responded the developer understood the concerns of the neighbors. They realized
single-family homes were being built, but not behind carwashes, a 7-11 store, and a tire repair
shop, which made the project unique. He commented in the Nautica project, the homes
9
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
March 28, 2006
bordering the lakes had the highest values and the homes bordering the commercial properties
had the lowest values.
Adjusting the timing of traffic lights could often relieve traffic congestion. The project had been
reviewed by the Traffic Department and it met all traffic concurrency requirements. The project
would be unsafe with single-family detached homes. They purposely had a roundabout so the
traffic stacking was far greater than anything to be seen in a single-family development. Also,
there would be right turns in and right turns out and no ability to cross the median in the
middle of the road. If the neighborhood is concerned about safety, a PUD is the way to go.
In reference to a comment regarding the maximum density, the County would allow higher
density, but they wanted to be in a PUD because it fit the transition and took the buildings off
the property and lot lines.
Mr. Weiner encouraged the neighbors speak with FPL about their concerns regarding the
easement. The developer was not going to change anything related to the easement. The
berm was not eight feet high, but probably doser to 18-24 inches high.
Even if the density were decreased, roads like Hypoluxo and Lawrence experienced
approximately 20K trips a day and a single family house contributes about four trips a day.
Taking twenty units out of the project would create an infinitesimal difference in conditions and
mean an even more expensive house.
Mr. Weiner urged the Board to recommend approval of the requests.
Board Comments
Mr. Cwynar mentioned 3.5 acres of the parcel were devoted to recreation, leaving about 5.81
acres on which to place 90 dwelling units, which translated to 15 du/acre. Mr. Weiner
responded if the net number were used, their neighbor's numbers would double and triple also.
Mr. Cwynar's felt making a sharp, 90 degree turn into the garages would be challenging. He
questioned whether there would be enough parking for friends and grandparents.
Mr. Terry responded an additional twelve parallel spaces were located along the north side of
the site. The people on the south side would be served by spaces located at each end of the
project. According to the criteria, they met parking regulations and were over parked by 11
spaces.
Ms. Grcevic appreciated the project's appearance and could accept it, but the increased traffic
was a serious issue. An adult pedestrian was killed a year ago coming out of Nautica Sound. It
was practically impossible to get to the school in the morning.
Diana Johnson thought the project was beautiful, but did not believe more density was needed
on the north end of town. She was pleased to hear Staff say the project was too dense,
something she had not heard from this Board or the CRA in some time. She also did not agree
with dumping 200 additional cars twice a day onto the surrounding roads.
10
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
March 28, 2006
Mr. Casaine congratulated the architects and designers for producing one of the best-looking
projects he had seen. He agreed with his colleagues on the traffic problem; however, he
believed traffic congestion was widespread in Boynton Beach and would probably continue until
someone devised a pattern to address the way the traffic flowed. He believed some project
would go here and this was nicer looking and better organized than some. If he were going to
be against density, he would have to be against a great deal of density that had already been
brought into Boynton Beach. He felt it represented progress.
Mr. Saberson believed the voice of the citizens who specifically looked at this area and
determined how they wanted to see it developed should be respected. Whether or not that
advisory was legally binding, it constituted a compact with the citizens of the area that this
Board should not lightly recommend be overturned. Mr. Saberson also contended the Board
had to do all in its power to protect single-family uses in the City. Considering the density of the
proposed plan, he would support Staff's recommendation for denial.
Mr. Baldwin recalled when the neighbors of the Serrano development fought for single-family
homes, instead of 97 multi-family units, the developer built 47 single-family homes. He would
prefer to see single-family at this location. He congratulated the developers for a beautiful, well
thought out project.
Motion
Mr. Saberson moved to support Staff's recommendation of denial on annexation of the
Lawrence Road Property, also known as Parc Central. Mr. Baldwin seconded the motion.
The Recording Secretary conducted a roll call vote. The motion to deny annexation passed 4-3,
Chair Wische, Mr. Cwynar, and Mr. Casaine dissenting.
Motion
Mr. Saberson moved if annexed by the City, the Parc Central property be annexed at the Low
Density Residential land use category with a maximum density of 4.84 units per acre. Ms.
Johnson seconded the motion.
The Recording Secretary conducted a roll call vote. The motion to deny the applicant's request
for the Medium Density Residential land use classification passed 4-3, Chair Wische, Mr.
Cwynar, and Mr. Casaine dissenting.
Motion
Mr. Saberson moved in favor of Staff's recommendation for denial on the Parc Central site plan.
Ms. Johnson seconded the motion to deny that passed 4-3, Chair Wische, Mr. Cwynar, and Mr.
Casaine dissenting.
The Board recessed from 8:11 p.m. and reconvened at 8:25 p.m.
B. Conditional Use
1.
Project:
Quantum Park & Village South Commercial
COUS 06-003)
Eugene Gerlica
Agent:
11
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VIII.-PUBLIC HEARING
CITY OF BOYNTON BEACH ITEM B.
AGENDA ITEM REQUEST FORl\.
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
D June 6, 2006 May 15,2006 (Noon)
D June 20, 2006 June 5, 2006 (Noon)
D ' "
July 5, 2006 June] 9,2006 (Noon) ,--
--j
D July 18,2006 July 3, 2006 (Noon)
D April 4, 2006
~ April 18,2006
D May 2, 2006
D May 16,2006
March 20, 2006 (Noon.)
April 3, 2006 (Noon)
April 17,2006 (Noon)
May 1,2006 (Noon)
-, .'-
"
~ ", -'
_.~.
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM .... ~ -: '- .'~'
[8J Public Hearing [8J Legal .:. r~1
- " "'::'~
D Bids D Unfinished Business - ';C)
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the April 18, 2006 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Planning and Development Board, consistent with the staff
recommendation, recommended that the subject request be denied on March 28, 2006. For further details pertaining to the
request, see attached Department Memorandum No. 06-053.
EXPLANA TION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Lawrence Road Project (LUAR 06-004)
Brian Terry, Land Design South
Vermac Properties 6, LLC
Northeast comer of Lawrence Road and 7151 A venue South, approximately 350 feet south
of Hypoluxo Road
Request to amend the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach
County) to Medium Density Residential (MEDR); and
DESCRIPTION:
Request to rezone from Agricultural Residential (AR, Palm Beach County) to Planned Unit
Development (PUD).
Proposed use:
90 Multi-family residential units
PROGRAM IMP ACT:
FISCAL IMP ACT:
AL TERNA TIYES:
~
City Manager's ~gnature
Develop ent Department DI ctor
Pl~~?- . / .
annmg an 0 Irector CIty Attorney Fmance I Human Resources
S:\Planning\SHARED\WP\PROJECTS\Lawrence Rd. Project-Land Design South\LUAR 06-004\Agenda Item Request Lawrence Rd PropertyLUAR 06-
004 4-18-06,dot
S:\BULLET!N\FORMS\AGENDA ITEM REQUEST FORM. DOC
1 ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38
5 BY AMENDING THE FUTURE LAND USE ELEMENT
6 OF THE COMPREHENSIVE PLAN FOR A PARCEL
7 OWNED BY VERMAC PROPERTIES, LLC., AND
8 LOCATED ON THE NORTHEAST CORNER OF
9 LAWRENCE ROAD AND 71sT AVENUE SOUTH
10 APPROXIMA TEL Y 350 FEET SOUTH OF HYPOLUXO
11 ROAD; CHANGING THE LAND USE DESIGNATION
12 FROM PALM BEACH COUNTY MEDIUM
13 RESIDENTIAL 5 UNITS PER ACRE (MR-5) TO
14 MEDIUM DENSITY RESIDENTIAL (MeDR);
15 PROVIDING FOR CONFLICTS, SEVERABILITY, AND
16 AN EFFECTIVE DATE.
17
18 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted
19 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
20 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
2 1 Comprehensive Planning Act; and
22 WHEREAS, the procedure for amendment of a Future Land Use Element of a
23 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
24 WHEREAS, after two (2) public hearings the City Commission acting in its dual
25 capacity as Local Planning Agency and City Commission finds that the amendment
26 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
27 the best interest of the inhabitants of said City to amend the aforesaid Element of the
28 Comprehensive Plan as provided.
29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OFTHE
30 CITY OF BOYNTON BEACH, FLORIDA, THAT:
31 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
S,\CA\Ordinances\Planning\Land Use\Lawrence Road (Vermac) 06'004.doc
1 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 on the northeast
5 corner of Lawrence Road and 71 st Avenue South, approximately 350 feet south ofHypoluxo
6 Road in Boynton Beach, Florida shall be changed from Palm Beach County Medium
7 Residential 5 units per acre (MR-5) and shall now be designated as Medium Density
8 Residential (MeDR):
9
10 The South 1/2 of the North 1/2 ofthe Northwest 1/4 ofthe Northwest
11 1/4 of Section 7, Township 45 South, Range 43 East less the West 40
12 feet thereof.
13
14 Containing: 407,263 square feet or 9.349 acres more or less.
15
16 Subject to easements, restrictions, reservation and rights of way of record.
17
18
19 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
20 Future Land Use Plan shall be amended accordingly.
21 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
22 Section 5: Should any section or provision of this Ordinance or any portion thereofbe
23 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
24 remainder of this Ordinance.
25 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
2 6 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
27 Land Development Regulation Act. No party shall be vested of any right by virtue of the
28 adoption of this Ordinance until all statutory required review is complete and all legal challenges,
S:\CA\Ordinances\Planning\Land Use\Lawrence Road (Vermac) 06-004.doc
1 including appeals, are exhausted. In the event that the effective date is established by state law or
2 special act, the provisions of state act shall control.
3
FIRST READING this ___~ day of _
,2006.
4
SECOND, FINAL READING and PASSAGE this ~ day of
,2006.
5
CITY OF BOYNTON BEACH, FLORIDA
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 ATTEST:
22
23
24 City Clerk
25
26 (Corporate Seal)
27
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\Planning\Land Use\Lawrence Road (Vermac) 06-004.doc
1 ORDINANCE NO. 06-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF VERMAC PROPERTIES 6,
6 LLC, AMENDING ORDINANCE 02-013 TO
7 REZONE A PARCEL OF LAND LOCATED ON
8 THE NORTHEAST CORNER OF LAWRENCE
9 ROAD AND 71 ST A VENUE SOUTH,
10 APPROXIMATELY 350 FEET SOUTH OF
11 HYPOLUXO ROAD, AS MORE FULLY
12 DESCRIBED HEREIN, FROM PALM BEACH
13 COUNTY AGRICULTURAL RESIDENTIAL (AR)
14 TO PLANNED UNIT DEVELOPMENT (PUD);
15 PROVIDING FOR CONFLICTS, SEVERABILITY,
16 AND AN EFFECTIVE DATE.
17
18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
19 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City;
2 0 and
21 WHEREAS, Tuscan Villas at Boynton Beach, LLC, owner of the property located on
22 the northeast comer of Lawrence Road and 71st Avenue South, approximately 350 feet south
23 of Hypoluxo Road in Boynton Beach, Florida, as more particularly described herein, has filed
24 a Petition, through its agent, Brian Terry of Land Design South, pursuant to Section 9 of
25 Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the
26 purpose of rezoning a parcel of land, said land being more particularly described hereinafter,
27 Palm Beach County Agricultural Residential (AR) to Planned Unit Development (PUD); and
28 WHEREAS, the City Commission conducted a public hearing and heard testimony
29 and received evidence which the Commission finds supports a rezoning for the property
3 0 hereinafter described; and
31 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
S:\CA \Ordinances\Planning\Rezoning\Rezoning - Lawrence Road (Vennac).doc
1 an amendment to the Land Use which was contemporaneously considered and approved at
2 the public hearing heretofore referenced; and
3 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
4 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
6 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
7
Section I.
The foregoing Whereas clauses are true and correct and incorporated
8 herein by this reference.
9
Section 2.
The following described land located on the northeast comer of
10 Lawrence Road and 7lst Avenue South, approximately 350 feet south of Hypoluxo Road in
11 the City of Boynton Beach, Florida, as set forth as follows:
12
13 The South 1/2 ofthe North 1/2 of the Northwest 1/4 of the
14 Northwest 1/4 of Section 7, Township 45 South, Range 43
15 East less the West 40 feet thereof
16
1 7 Containing: 407, 263 square feet or 9.349 acres more or less.
18
19 Subject to easements, restrictions, reservations and rights-of-way
20 ofrecord.
21
22 be and the same is hereby rezoned from Palm Beach County Agricultural Residential (AR) to
23 Planned Unit Development (PUD). A location map is attached hereto as Exhibit "A" and
24 made a part of this Ordinance by reference.
25 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
26 accordingly.
27
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
28 repealed.
S:\CA\Ordinanccs\Plannmg\Rezoning\Rezoning - Lawrence Road (Vermac).doc
1 Section 5. Should any section or provision of this Ordinance or any portion thereof
2 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
3 remainder of this Ordinance.
4 Section 6. This ordinance shall become effective immediately upon passage.
5
FIRST READING this _ day of
,2006.
6
SECOND, FINAL READING and PASSAGE this _ day of
,2006.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 ATTEST:
23
24
25 City Clerk
26
27 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\Planning\Rezoning\Rezoning - Lawrence Road (Vermac).doc
L-'-''-'f""\IIVI'' IVIMr
Exhibit "A"
Lawrence Road Project
.
155
o
310
620
930
1,240
I Feet
N
+-
DEVELOPMENT DEPARTMENT
PLANNING. ZONING DIVISION
MEMORANDUM NO. PZ 06-053
TO:
Chair and Members
Planning and Development Board and
Mayor and City Commission
Eric Lee Johnson, AICP ~
Planner (j
Michael W. Rumpf
Director of Planning and Zoning
FROM:
THROUGH:
DATE:
March 22, 2006
PROJECT NAME/NUMBER:
Lawrence Road project (aka Parc Central) / ANEX 06-003 and LUAR
06-004
REQUEST:
Annexation of a 9,35-acre parcel; Amend the Future Land Use
designation from Palm Beach County Medium Residential, 5 units per
acre (MR-5) to Medium Density Residential (MeDR) and rezone from
Palm Beach County Agricultural Residential (AR) to Planned Unit
Development (PUD)
PROJECT DESCRIPTION
Property Owner:
Multiple owners
Applicant:
Vermac Properties 6, LLC
Agent:
Location:
Mr. ~rian Terry with Land Design South
Northeast comer of Lawrence Road and 71st Avenue South,
approximately 350 feet south of Hypoluxo Road (Exhibit "A'')
:t9.349 acres (407,263 square feet)
Parcel Size:
Existing Land Use:
Palm Beach County Medium Residential, 5 units per acre (MR-5)
Palm Beach County Agricultural Residential (AR)
Existing Zoning:
Proposed Land Use:
Medium Density Residential (MeDR)
Proposed Zoning:
Planned Unit Development (PUD)
Proposed Use:
Townhouse Community
Adjacent Uses:
North: Developed commercial (Grove Plaza) designated with Local Retail
Page 2
File Number: ANEX 06-003 / LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
Commercial (LRC) land use and zonec:l Community Commercial (C-3),
then farther north is right-of-way for Hypoluxo Road, then still farther
north is Santaluces High School designated with Palm Beach County
Institutional (1) land use and zoned Palm Beach County Public
Ownership (PO);
South:
Developed single-family residential properties (Jonathan's Grove)
designatec:l with Low Density Residential (LOR) land use and zonec:l
Single-family Residential (R-l-A), then farther south is vacant
residential locatec:l within an enclave of unincorporatec:l Palm Beach
County designated with Mec:lium Residential, 5 units per acre (MR-5)
land use and zonec:l Agricultural Residential (AR);
East:
Developed single-family residential lots (Nautica Sound PUD) c1assifiec:l
with Low Density Residential (LOR) land use and zonec:l Plannec:l Unit
Development (PUD); and
West:
Right-of-way for Lawrence Road, then farther west is developec:l
residential property (Palmyra I) located within unincorporatec:l Palm
Beach County with Mec:lium Density, 5 units per acre (MR-5) land use
and zonec:l Plannec:l Unit Development (PUD).
EXECUTIVE SUMMARY
This request is found to be inconsistent with the policy recommendation and / or intent of the
Comprehensive Plan. Staff recommends denial of the requested annexation, land use amendment
and rezoning for the following reasons:
1. The requestec:l land use category of Mec:lium Density Residential (MeDR) for the proposec:l
development is inconsistent with the recommendation for Planning Area 6.C. of the
Comprehensive Plan Future Land Use Support Document, Section VII, Problems and
Opoortunities. The above-referenced recommendec:l land use category for this area of the
city is Low Density Residential (LOR), not Mec:lium Density Residential (MeDR) in order to
maintain consistent densities and residential character throughout the area. The proposec:l
project density of 9.63 dwelling units per acre, which would be just under the threshold of
High Density Residential (HDR) strongly contrasts the recommendec:l density and the single-
family character representec:l by the prec:lominance of single-family detachec:l homes built
within the immec:liate vidnity at less than five (5) dwelling units per acre;
2. Although the requestec:l annexation is consistent with the City's annexation policy because
the property is contiguous with properties lying within the City of Boynton Beach, and forms
a reasonably compact addition to the city boundaries; it cannot be successfully annexec:l into
the City without the concurrent reclassification and rezoning of the property;
3. Staff disagrees with the applicant's assertion that the site is considerec:l ''transitional''
(because it abuts up to a commercial property (Grove Plaza) to the north) and consequently,
eligible and more appropriate for higher residential densities, rather than lower residential
densities;
Page 3
File Number: ANEX 06-003 I LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
4. That approval of this request could set a precedent for similar land use and zoning on the
vacant property south of Jonathan's Grove;
5. There still is a market for single-family detached homes in this area as evidenced by the
surrounding residential subdivisions and recent development application for said homes on
the property south of Jonathan's Grove; and
6. That there are sites elsewhere in the City where townhouse development can be constructed
and be more compatible with surrounding residential developments.
PROJECT ANALYSIS
Mr. Brian Terry, agent for the applicant, Vermac Properties 6, LLC is proposing to annex into the Oty
of Boynton Beach, a 9.35-acre parcel located at the northeast comer of Lawrence Road and 71 st
Avenue South, approximately 350 feet south of Hypoluxo Road. Several of the lots that comprise
the 9.35-acre parcel have been developed with single-family detached homes. Accompanying this
request for annexation are requests to amend the Future Land Use Element of the Comprehensive
Plan to show the annexed land as "Medium Density Residential" and to rezone this property to a
Planned Unit Development (PUD). The proposed PUD would provide for the construction of 90
townhouse units with a gross density of 9.63 dwelling units per acre. Because of the size of the
subject property, the Florida Department of Community Affairs classifies this amendment 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.
Master I Site Plan Analysis (see Exhibit "B")
The applicant is proposing to rezone from Agricultural Residential (AR) to a Planned Unit
Development (PUD). The uses proposed in the PUD and the acreages devoted to each are as
follows:
Land Uses Acres
Multi-family Residential 3.58
Private Recreation 0.89
Vehicular Use area 2.26
Open space I Landscaping 2.62
TOTAL 9.35
The Medium Density Residential (MeDR) land use category allows for a gross density (permitted by
the zoning regulations) of greater than 7.26 dwelling units per acre but not more than 9.68 dwelling
units per acre. In this instance, the applicant is proposing a development containing 90 units for an
overall density of 9.63 dwelling units per acre. The 90 units are proposed within 18 separate
buildings on the 9.35-acre site. The unit size would vary depending on the model type selected,
namely Model "A", "B", and "C". Model "A" would be the smallest unit style at 1,789 square feet
while Model "C" would be the largest unit (1,957 square feet). The master plan tabular data
indicates that the townhouse buildings would be two (2) stories tall and up to 35 feet in height.
Page 4
File Number: ANEX 06-003 I LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
Each unit would have its own two (2)-car garage. The master plan also proposes 21 guest parking
spaces throughout the site.
The project's point of ingress I egress is proposed along Lawrence Road. The curb cut on Lawrence
Road would be separated by a landscaped median. Vehicles entering the site would proceed to a
circular drive that terminates at gated entry points. Upon entering through the secured access
points, the master plan shows two (2)-way drive aisles proposed along the perimeter of the project.
These linear east-west drive aisles would be 25 feet in width and conform to current engineering
standards. The landscape buffers are proposed on the outside of the drive aisles. A landscape
buffer 10 feet in width is proposed along the south property line abutting the single-family
residences of Jonathans Grove while a 15-foot wide landscape buffer is proposed along the east
property line abutting the single-family residences of Nautica PUD. However, the width of the north
landscape buffer (adjacent to the Grove Plaza commercial center) would vary between five (5) feet
- six (6) inches to 15 feet. The master plan proposes two (2) recreation areas, located at opposite
ends of the rectangular-shaped parcel.
Review Based On Criteria
The criteria used to review Comprehensive Plan amendments and rezonings 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.
Pursuant to Section 9.C.2 (2) of the Land Development Regulations, when reviewing requests for
annexation, staff is not required to review the petition against the eight (8) criteria by which land
use amendments and rezonings are to be reviewed as indicated in Section 9.C.7. when the proposed
zoning is consistent with zoning or land use recommendations contained in the Comprehensive Plan.
Usually in those instances, staff analysis relates only to consistency with other relevant portions of
the Comprehensive Plan, the city's annexation program and service capability. The requested land
use designation and rezoning are for a change to higher residential intensities; therefore, a review
based on the criteria is warranted.
a. Whether the proposed rezoning would be consistent with applicable
comprehensive plan polides induding 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. The planning
department shall also recommend limitations or requirements, which would
have to be imposed on subsequent development of the property, in order to
comply with policies contained in the comprehensive plan.
As previously mentioned, the subject property is located within unincorporated Palm Beach County.
As such, the County current land use designation is MR-5, which would allow up to five (5) dwelling
units per acre or in this case, a maximum of 46 units. The applicant's intent is to annex the site for
the development of a master planned community at a density of 9.63 dwelling units per acre. A
relevant Comprehensive Plan policy pertaining to intergovernmental coordination is as follows:
Page 5
File Number: ANEX 06-003 / LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
Objective 8.11
The City shall participate in intergovernmental coordination processes to
ensure full consideration is given to the impacts of proposed
Comprehensive Plan amendments and future developments on the ability
of the City and adjacent local governments to implement their
Comprehensive Plans and to address area wide land use needs and
justification for amendments.
The requested project density is above what is currently allowed under the County land use
designation. However, it should be noted that the property may potentially be developed with
additional units by utilizing two County land development programs, namely, the Transfer of
Development Rights (TOR) Program and / or the Workforce Housing Program (WHP). As part of the
TOR Program, the County Zoning Division would review a submitted TOR application to determine if
developing a property with additional units from the TOR program is compatible with the existing
development surrounding the property. According to the County, such a determination may indeed
preclude the use of most or all of the TOR units that could be developed on the subject property.
Higher densities may be achieved through the WHP; in this case up to 36 units. However, the
County Planning Division would require the developer to set aside 50% of the 36 additional units for
"workforce housing" under the guidelines of the Program. At this time, the Oty has no TOR or
affordable housing programs available to developers. While the applicant would be unable to
develop under the County zoning at the desired density without meeting the conditions of the
aforementioned County programs, the applicant has instead chosen to request annexation into the
city with the proposed higher density. City staff opines that the proposed density (9.63 units per
acre) is too intense pursuant to the Comprehensive Plan Future Land Use Support Document,
Section VII, Problems and Opportunities. which recommends as follows:
"Planning Area 6.C. Unincorporated Parcels Adjoining Northwest Comer of the Oty (presently
unincorporated). With exception of the eight (8)-acre parcel adjacent to Hypoluxo (which is
now Grove Plaza), these parcels should be annexed and placed under the Low Density
Residential land use category, in order to ensure compatibility with existing and future
residential land uses in the vidnity. Annexation of these properties will square off the City's
boundary and will allow the City to control the use of these parcels. Development of these
parcels should be compatible with existing low-density single-family dwellings in this area.
Development of the parcels that lie to the south of the above-mentioned parcel should be
limited to low-density single-family detached dwellings, with a gross density of not more
than three and one-half (3.5) units per acre".
The requested density would require reclassification to the Medium Density Residential (MeDR) land
use designation, which allows up to 9.68 dwelling units per acre. The proposed land use
classification not only represents a deviation from the recommended classification but is nearly three
(3) land use classes higher in density and therefore, conflicts with the following objective of the
Future Land Use Element of the Comprehensive Plan:
Objective 1.16
The City shall continue to regulate the use, density, and intensity of land
use, by requiring that all land development orders be consistent with the
Future Land Use Plan and other applicable policies of the Comprehensive
Plan.
The Oty has three (3) land use categories that strictly allow single-family detached homes. They
are as follows: Low Density Residential (LOR), Moderate Density Residential (MoOR), and Medium
Page 6
File Number: ANEX 06-003 / LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
Density Residential (MeDR). The LDR category allows up to 4.84 dwelling units per acre. The MoOR
category allows a range of densities, between 4.85 and 7.26 dwelling units per acre while the MeOR
allows between 7.27 and 9.68 dwelling units per acre. Anything higher than 9.68 dwelling units per
acre would require the HDR land use category. To put the proposed density into perspective with
the city's single-family land use categories, the proposed density of 9.63 dwelling units per acre is
approximately 0.05 dwelling units per acre below the threshold of the High Density Residential
(HDR) land use category of 9.68 dwelling units per acre, which would be clearly incompatible with
the surrounding land uses to the east, south, and west. According to the Land Use Element of the
Comprehensive Plan, the recommended land use designation allows up to 3.5 dwelling units per
acre. This means that the subject property, being 9.35 acres, is recommended to accommodate up
to 32 dwelling units or less than one-half (1/2) the total units proposed in the accompanying master
plan. The project proposes single-family attached dwellings (townhouses) but the above-referenced
policy recommends single-family detached dwellings. Again, another relevant objective of the
Future Land Use Element of the Comprehensive Plan indicates the following:
Objective 1.19
The City shall evaluate and allow a range of land uses for which the area,
location, and intensity of these uses provide a full range of housing
choices, commercial uses, to ultimately increase tax base, employment
opportunities, recreation and open space opportunities, and public uses
including school sites for both existing and projected populations,
provided that all other comprehensive plan policies are complied with.
Staff concurs with the applicant that the proposed rezoning to PUD to allow townhouses would
increase the diversity of housing types in the locality. In recognizing this and because of the fact
that the property to the north has been developed with a commercial plaza, staff can make
concessions to the above referenced recommendation for Planning Area 6.e, as it relates to the
type of dwelling units or a mix of dwelling unit types; however, the proposed density would not
meet the intent of the recommendation of the Comprehensive Plan. Furthermore, staff can also
make concessions to the above-referenced policy recommendation that limits the property to 3.5
dwelling unit per acre by allowing the project density to be developed within the limits of the LOR
land use category (up to 4.84 dwelling units per acre). It should be noted that by utilizing the PUD
zoning, these units could be arranged with a higher density unit type (Le. townhouses) being
constructed along the northern boundary of the property adjacent to Grove Plaza and less-dense
unit type (i.e. single-family detached) constructed abutting the single family development to the east
or south, or the density could be dispersed uniformly on the property. This flexibility is available
based on the advisory status of the site specific land use recommendations within the Problems and
Opoortunities Section of the Comprehensive Plan.
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
districts, or would constitute a grant of special privilege to an individual
property owner as contrasted with the protection of the public welfare.
According to the land use amendment / rezoning application, the subject site is currently developed
at a residential intensity of 0.64 dwelling units per acre. Staff concurs with the applicant and
acknowledges that rezoning from County AR to PUD would not create an isolated district unrelated
to adjacent and nearby districts because there are neighboring properties with PUD zoning, lying to
the south, east, and west of the subject property. However, provided below is a list of specific
objectives taken from the Comprehensive Plan which are relevant to this annexation and land use
Page 7
Rle Number: ANEX 06-003 I lUAR 06-004
Name: Lawrence Road project (aka Parc Central)
amendment I rezoning request. These objectives were taken from the Future Land Use and
Housing Elements of the Comprehensive Plan.
Objective 1.15
The City shall encourage planned development projects which are
sensitive to characteristics of the site and to surrounding land uses, and
mixed-use projects in locations which are appropriate, and utilize other
innovating methods of regulating land development.
Objective 1.17
Minimize nuisances, hazards, and other adverse impacts to the general
public, to property values, and to residential environments by preventing
or minimizing land use conflicts.
Objective 6.3
By the year 2002, the City shall continue to implement a series of housing
programs aimed at providing adequate housing and housing sites for the
homeless, very-low, low and moderate-income persons to meet their
housing needs.
Pursuant to the recommendation for Planning Area 6.C. within the Comprehensive Plan's Future
Land Use Support Document, Section VII, Problems and Opportunities, the Proposed rezoning to a
Planned Unit Development consisting of townhouse units at a density of 9.63 dwelling units per acre
would not be compatible with the single-family detached homes which lie to the east, south, and
west of the subject site.
Staff compared the characteristics between the subject property and the surrounding properties.
For example, the Grove Plaza commercial center located to the north, is zoned C-3 and would allow
up to 10.8 dwelling units per acre under the local Retail Commercial land use category. Initially,
this would support the applicant's justification for higher residential densities on the subject
property, above and beyond the five (5) dwelling units per acre allowed by the current County MR-5
land use. However, lower residential densities lie to the south, east, and west of the subject
property. For example, the residential lots to the south, developed as the Jonathan's Grove
subdivision, are zoned R-l-A. Platted in 1993, Jonathan's Grove is exactly the same size (9.35
acres) as the subject property, but was developed with only 32 lots at a density of 3.4 dwelling units
per acre. This is in sharp contrast with proposed 9.63 dwelling units per acre. In fact, there are a
total of 16 lots within the Jonathan's Grove subdivision that directly abut the subject property. The
maximum building height in the R-l-A zoning district is 30 feet. While all lots within Jonathan's
Grove are allowed by code to be developed as two (2)-story structures, it appears as though 15 of
the 16 houses that abut the subject property were developed with one (l)-story structures.
Structure "massing" is one of the major differences between a 30-foot tall townhouse building and a
30-foot tall single-family detached home. The perceived massing of a townhouse building with three
(3) or more units is greater than the massing of one (1) large, single-family detached home. In
other words, a row of townhouse buildings appears larger than a row of single-family detached
homes despite both being limited to equal building heights.
located west of Lawrence Road is a residential subdivision within Unincorporated Palm Beach
County zoned PUD and dassified Medium Residential MR-5. The Palmyra PUD was developed at a
density of 4.4 dwelling units per acre. The density of the Palmyra PUD is well below the requested
density of this project.
Page 8
File Number: ANEX 06-003 / LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
The properties to the east lie within the Nautica Sound PUD subdivision, formerly known as the
Knollwood Groves PUD. On October 17, 1989, the City Commission approved the rezoning from AG
(Agriculture) and R-1AAA (Single-family Residential) to PUD. This 110.91-acre subdivision was
platted in 1996 with 424 residential lots equating to an overall density of 3.82 dwelling units per
acre. Again, the density proposed by the applicant would be much higher than the built
environment of its neighbor to the east. The applicant asserts that" while the proposal results in a
higher density than immediately adjoining residential properties, it is considered that the site and
proposed development perform a transitional and buffering role from commercial development to
the north of these propertieS'. The Palmyra and Jonathan's Grove subdivisions do not abut the
commercial project. However, a 240-foot long stretch of the Nautica Sound PUD - Plat Two
subdivision directly abuts the Grove Plaza commercial center, which is similar to this project.
Contrary to what is argued by the applicant regarding townhouses as the necessary transitional use,
the Nautica PUD was developed with single-family detached homes where it abuts the same
commercial plaza as that of the subject property. It should be noted that Grove Plaza was platted in
1998, subsequent to approval of Nautica PUD - Plat Two. Nonetheless, Grove Plaza was reviewed
and approved with full knowledge that it would abut single-family detached homes of the Nautica
PUD and visa-versa. The main difference between the Nautica PUD - Plat Two and Jonathan's
Grove is that many of the homes in the Nautica PUD were developed as two (2)-story structures.
Staff disagrees with the applicant's assertion that the proposed development is considered to
provide an appropriate interface with adjoining properties and is consistent with the character of the
locality. The applicant admits that there is a predominance of single-family detached housing within
the immediate vicinity. Again, staff does not object to a mix of residential units that includes
townhouses but rather is concerned about significantly higher proposed density.
Comprehensive Plan Objective 6.3 addresses the need for the City to address affordable housing
issues. The applicant provided a thorough examination of current and anticipated population
projections, rising property values within the City and County, and the need for affordable housing.
The applicant states that "the proposal responds to the current real estate context of rising single-
family housing prices by providing a more affordable alternative for residents of Palm Beach
County". While it is true that this proposal would provide alternate housing and it may in fact,
prOVide for a more affordable solution, it does nothing to address the needs of affordable housing in
general. Staff acknowledges that solving the County's socia-economic woes and rising real estate
cost are not a responsibility of the developer. However, density bonuses and inclusionary zoning is
a common tool for local municipalities to increase the affordable housing options beyond what the
market currently provides on its own. The positive aspects of inclusionary zoning include the
production of affordable housing at little cost to local government and the creation of income-
integrated communities. The City and Community Redevelopment Agency (CRA) are currently
having the affordable housing needs of the City studied as a prerequisite to potential indusionary
housing program.
c. Whether changed or changing conditions make the proposed rezoning
desirable.
Over the last decade, the city has witnessed a steady trend of properties located either on or near
Lawrence Road, being converted from agricultural to residential uses through the construction of
single-family homes. A predominance of zero-lot line homes have been already constructed within
the immediate vicinity of the subject property. Therefore, there would be no significant change in
conditions that would make the proposed rezoning to Planned Unit Development (PUD) undesirable,
Page 9
File Number: ANEX 06-003 I LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
only the intensity associated with the proposed development, which is unprecedented in the
immediate area.
d. Whether the proposed use would be compatible with utility systems,
roadways, and other public 'adlities.
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 reviewed the traffic study for the
proposed annexation I land use amendment I rezoning and determined that the proposed
residential project meets the Traffic Performance Standards of Palm Beach County. The
accompanying master plan is expected to generate 644 new daily trips or 184 more trips than the
projected number of trips had the property been built-out to its maximum potential under the
current County MR-S land use dassification. The project is estimated to require a total of 40,000
gallons of potable water per day. The City's water capacity, as increased through the purchase of
up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the
projected demand for this project. Additionally, sufficient sanitary sewer and wastewater treatment
capacity is currently available to serve the projected total of 18,000 gallons per day.
Maximum Potential Water I Sewer Traffic
Development Population Demand Generation
Potential Trips I day
Existing Land Use 46 townhouse 105 persons 19,780 gpd I 322**
or 8,901 gpd
46 single- 460**
family
detached
Proposed Development 92 fee-simple 201 persons 40,000 gpd I 644*
townhouse 18,000 gpd
units
* Statistics derived from the land use I amendment application and its supporting documents;
** Telephone conversation with MTP Group, Inc. on March 13, 2006
With respect to solid waste, 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 Fire Rescue and Police
Departments have reviewed the application and determined that current staffing levels would be
sufficient to meet the expected demand for services. lastly, drainage will also be reviewed in detail
as part of the review of the site plan approval, 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
'uture use 0' adjacent and nearby properties, or would affect the property
values 0' adjacent or nearby properties.
As outlined in the responses to Oiterion "a" and "b", the proposed land use would be inconsistent
with those residential densities approved on the adjacent properties. The residential land uses
Page 10
File Number: ANEX 06-003/ LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
within the immediate vicinity are characterized by low density development and likewise, should be
the same for this property. However, the proposed rezoning to PUD would in fact, be consistent
with the current zoning of the adjacent and nearby properties. According to the Palm Beach County
Property Appraiser Office, the price of homes that sold in the last six (6) months within Nautica
Sound PUD - Plat Two, range between $335,000 and $425,000. Homes that sold within the last six
(6) months in Jonathan's Grove subdivision ranged between $395,000 and $460,000. Homes that
sold in Palymra ranged between $380,500 and $455,000. Regardless of what density is proposed,
staff anticipates that any effect on property values would be positive and would help to increase the
city's tax base. However, it is highly likely that the town homes associated with the accompanying
master plan would sell for less money than adjacent single-family detached homes of the adjacent
developments.
f. Whether the property is physically and economically developable under the
existing zoning.
Under the existing County AR zoning, the property could be utilized for a variety of agricultural or
conservation purposes. Also permitted are Single-family detached dwellings on a minimum lot area
of five (5) acres. The City has approved numerous townhouse projects within the last few years.
Ukewise, the City has also approved many residential communities consisting of single-family
detached and zero lot-line homes. These communities of single-family detached homes are more
prevalent west of Congress Avenue. As previously mentioned, the Palmyra One project was one
such project that was recently approved by the County for single-family detached homes. Palmyra
Two, an extension of Phase One is an example of an adjacent property that was recently annexed
into the city and rezoned to PUD for the construction of 85 single-family homes. Staff understands
that the developer of the Palmyra PUD is currently searching for more vacant parcels along
Lawrence Road in which to develop. It should be noted that in March of 2006, another developer
submitted an annexation and land use amendment / rezoning request for a PUD consisting of 45
zero lot-line homes on the vacant parcel directly south of Jonathan's Grove. This vacant parcel is
very similar to the subject property in terms of its location, size, and topography. The only
difference between the two (2) is that the subject property abuts commercial zoning while this new
application does not. Based on the above, it would appear that the property is physically and
economically developable under the current Comprehensive Plan policy for single-family detached
homes, developed under the LOR land use category. The applicant emphasizes that "it is considered
that the proposed MeDR land use best responds to the transitional nature of the site and the site
context being between commercial and low density single-family development". Staff disagrees with
the applicant that the subject property is considered transitional, especially based upon previous
discussions regarding the Nautica Sound PUD immediately abutting the same commercially-zoned
parcel. It should be noted that the Palmyra and Vineyards residential projects both consist of single-
family detached homes located along Hypoluxo Road, an intense arterial road, without any
transitional elements.
g. Whether the proposed rezoning is 0' a scale which is reasonably related to
the needs 0' the neighborhood and the city as a whole.
Due to the proposed density and building massing, it is arguable as to whether the proposed
rezoning is of a scale which is reasonably related to the needs of the neighborhood and the Oty as a
whole. Approval of this rezoning request for medium density residential development may also set a
precedent for similar land use and zoning on the vacant parcel to the south of Jonathan's Grove.
Staff understands that land values directly and indirectly influenced the magnitude of townhouse
Page 11
File Number: ANEX 06-003 / LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
projected developed in the city; however, these projects have been located along Federal Highway
and Congress Avenue where higher densities and mixed-uses are encouraged and represent the
urban environment. However, the suburban areas should be recognized and preserved for those
residents seeking the suburban environment.
h. Whether there are adequate sites elsewhere in the city for the proposed use,
in districts where such use is already allowed.
Townhouse buildings are currently permitted in the Multi-family Residential (R-3), the Suburban
Mixed-Use (SMU), Infill Planned Unit Development (IPUD), Mixed Use-Low Intensity (MU-L), and as
conditional uses in the Mixed Use-High Intensity (MU-H) zoning districts. The remaining supply of
vacant land zoned for multi-family housing is somewhat limited, as the Oty progresses towards
build-out. However, build-out does not necessary mean that there are not other redevelopment
opportunities elsewhere in the City. In fact, the City has been experiencing a tremendous amount
of redevelopment and in fill activity, especially in the eastern and urban areas of the City, such as
along Congress Avenue where buildings, particularly commercial structures are razed and replaced
with townhouse projects. With the vision and recommendations of the Federal Hiahwav Corridor
Community Redevelooment Plan and subsequent creation of the Special High Density Residential
(SHDR) land use category, Mixed Use-Low Intensity (MU-L), Mixed Use-High Intensity (MU-H), and
the Infill Planned Unit Development (IPUD) zoning districts, there are still many opportunities
elsewhere in the Oty where townhouse development would be highly appropriate due to them being
endemic to such urban environments.
CONCLUSIONS/RECOMMENDATIONS
In terms of concurrency, enough capacity exists to serve the development. Annexation into the Oty
and subsequent rezoning to PUD would not create additional impacts on infrastructure that cannot
be accommodated by existing capacities. However, as indicated herein, this request is found to be
inconsistent with the policy recommendation and / or intent of the Comprehensive Plan. Therefore,
staff recommends this requested be denied based on the following conclusions:
1. The requested land use category of Medium Density Residential (MeDR) for the proposed
development is inconsistent with the recommendation for Planning Area 6.C. of the
Comprehensive Plan Future land Use Support Document, Section VII, Problems and
Opportunities. The above-referenced recommended land use category for this area of the
city is Low Density Residential (LOR), not Medium Density Residential (MeDR).' The
proposed project density of 9.63 dwelling units per acre, which would be just under the
threshold of High Density Residential (HDR), is too intense for this suburban area of the Oty
where there is a predominance of Single-family detached homes;
2. Although the requested annexation is consistent with the City's annexation policy because
the property is contiguous with properties lying within the City of Boynton Beach, and forms
a reasonably compact addition to the city boundaries; it cannot be successfully annexed into
the Oty without an appropriate land use category;
3. Staff disagrees with the applicant's assertion that the site is considered "transitional" and
therefore more appropriate for higher residential densities in lieu of lower residential
densities, despite the fact that it abuts up to commercial property (Grove Plaza) to the
north;
Page 12
File Number: ANEX 06-003 / LUAR 06-004
Name: Lawrence Road project (aka Parc Central)
4. That approval of this request could set a precedent for similar land use and zoning on the
vacant property south of Jonathan's Grove;
5. There still is a market for single-family detached homes in this area as evidenced by the
surrounding residential subdivisions and recent development application for said homes on
the property south of Jonathan's Grove; and
6. That there are adequate sites elsewhere in the City where townhouse developments are
more appropriate and compatible.
If the Planning and Development Board or the City Commission recommends conditions, they will be
included as Exhibit "C".
S:\Planning\SHARED\WP\PROJECTS\Lawrence Rd. Project-land Design South\LUAR 06.004\Staff Report.doc
LOCATION MAP
Lawrence Road Project
Exhibit "An
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PARC CENTRAL
PREPAREDFOR:VERMAC
CITY OF BOYNTON BEACH, FLORIDA
LA.O
DESIGN .
SOU H
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EXHIBIT "C"
Co~ditions of Approval
Project name:
File number:
fI
Lawrence Road project (aka Pare Central)
ANEX 06-003 and LUAR 06-003
S ff M d P&Z 06 053
Re erence: ta reDort emoran urn -
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
I Comments: None PARKS AND RECREATION I I I
X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING & ZONING
Comments: None
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Page 2
Lawrence Road project (aka Parc Central)
File No.: ANEX 06-003 and LUAR 06-004
DEP ARTMENTS INCLUDE REJECT
Comments:
1. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
2. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Lawrence Rd. Project-Land Design South\LUAR 06-004\COAdoc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
March 28, 2006
to allow a rear setback of one (1) foot, a variance of 7 feet within the R-1-AA zoning district.
Mr. Cwynar seconded the motion that passed 7-0.
Attorney Tolces commented there were three Lawrence Road items and he asked if the Board
wished to hear all the presentations concurrently. Mr. Weiner, the applicant's representative,
agreed. Chair Wische wished to take the applications in agenda order.
A. Annexation
1.
Project:
Agent:
Owner:
Location:
Lawrence Road Property (ANEX 06-003)
Brian Terry, Land Design South
Vermac Properties 6 LLC
NE corner of Lawrence Road and 7151 Avenue
South, approximately 350 feet south of Hypoluxo
Road.
Request to annex the subject property
Description:
Land Use Amendment/Rezoning
2.
Project:
Agent:
Owner:
Location:
Lawrence Road Property (LUAR 06-004)
Brian Terry, Land Design South
Vermac Properties 6 LLC
NE corner of Lawrence Road and 7151 Avenue
South, approximately 350 south of Hypoluxo Road
Request to amend the Comprehensive Plan Future
Land Use Map from MR-5 (Palm Beach County) to
Medium Density Residential (MEDR); and
Description:
Proposed Use:
Request to rezone from Agricultural Residential
(AR, Palm Beach County) to Planned Unit
Development (PUD)
90 multi-family residential units
New Site Plan
3.
Project:
Agent:
Owner:
Location:
Lawrence Road Property (NWSP 06-006)
Brian Terry, Land Design South
Vermac Properties 6 LLC
NE corner of Lawrence Road and 7151 Avenue
South, approximately 350 south of Hypoluxo Road
Request new site plan approval to construct 90 fee-
simple townhouse units on a 9.35-acre parcel in
the Planned Unit Development (PUD) zoning
district.
Description:
Michael Weiner of Weiner & Aronson, P.A., Boynton Beach, explained the applicant had
arranged the presentation to mirror the Staff reports, which addressed zoning and annexation
together and the site plan separately.
5
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
March 28, 2006
Chair Wische deferred to Eric Johnson, Planner, who responded Staff did not have an issue with
the annexation request, but annexations had to have a land use designation and a zoning
district. Of the three applications, Staff had a problem with the proposed land use and the
zoning. He recommended all three items be heard at the same time. The Board agreed.
Mr. Johnson characterized the surrounding properties, uses and zoning classifications:
Grove Plaza
Jonathan's Grove
Nautica Sound
Palmyra I
Local Retail Commercial
Low Densi Residential
Low Densi Residential
Palm Beach County Medium Density
Residential
The subject property is now located within the unincorporated area of Palm Beach County and
has a Palm Beach County land use of Medium Residential, 5 units per acre (MR-5). Its zoning
district is Palm Beach County Agricultural Residential (AR). The proposal is to annex into the
City of Boynton Beach and be classified with the Medium Density Residential Land Use and the
Planned Unit Development (PUD) zoning district.
Staff reviewed the proposal and concluded there was an issue with the proposed density of
9.63 du/acre. This density is at the high end of the Medium Density Residential land use of 9.68
du/acre. The proposed density is just under the City's High Density Residential land use and is
not compatible with the surrounding properties. The subject project is surrounded on three
sides by Low and Medium Density Residential land uses, R-l-M Single Family Residential, all
having densities of less than 5 du/acre.
The applicant believed the proposed project would fall into the Medium Density Residential
category because the project would act as a buffer/transition between the existing land uses.
However, Mr. Johnson noted there was a 240-foot length of single-family homes that also
abutted the same commercial properties as the proposed project.
Mr. Johnson displayed the site plan. The project is comprised of eighteen different townhouse
buildings with a clubhouse building and recreation facility. Cars would have a single point of
ingress and egress from Lawrence Road.
Mr. Johnson referred to an advisory section in the Comprehensive Plan saying that if this
property were ever annexed into the City, it should have a Low Density Residential land use.
The proposed project would exceed the advisable density. The advisory also calls for single-
family homes for the area.
Under the County's laws, the developer could get up to 5 du/acre. The County also had other
programs where the developer might be able to capture additional units.
Staff could make concessions in the type of dwelling units proposed such as a mix of town
homes and Single-family homes, or even all town homes, but not at the proposed density.
6
Meeting {.Hnutes
Planning and Development Board
B~Y.!!~!:i~~each, Florida
March 28, 2006
If annexed and developed, the City services would be adequate to meet the demand and traffic
concurrency was met. The site plan meets all the City's Codes and any facet that did not would
comply after satisfaction of the Conditions of Approval in Exhibit C.
Staff recommended denial of the annexation, land use and rezoning requests.
Chair Wische asked Mr. Johnson to comment on Objective 1.16 in regard to having
development orders be consistent with the Future Land Use Plan. He asked whether decisions
were made based on the future or present. Mr. Johnson responded the Future Land Use was
part of the Comprehensive Plan and this particular 9.35-acre parcel was not located within the
City, so it could not be a part of the Future Land Use Plan. However, they did have an advisory
document recommending if annexed, the property should be Low Density Residential.
Attorney Tolces added they were attempting to affix a land use to this property and that would
then be part of the Future Land Use Map for the City. At that point in time they would assign a
zoning category that was consistent with the land use designation
Brian Terry~and Bob Vince of Land Design South, 2101 Centre Park West, West Palm
Beach, made a presentation. Michael Weiner of Weiner & Aronson, P.A., also participated
in the presentation.
Mr. Weiner pointed out the areas in which Staff agreed with the developer. He contended the
Comprehensive Plan advice to develop the area with Low Density Residential was at best an
advisory. He acknowledged the County would allow them to have 15% higher density, but they
wished to be in Boynton Beach and have a PUD. They met all site plan requirements and did
not disagree with any of the Conditions of Approval.
Mr. Terry displayed a PowerPoint presentation on this project, which is also known as Parc
Central. A copy of this presentation is attached to the minutes on file in the City Clerk's office.
Mr. Terry declared the site plan had been designed to be inward looking to enhance
compatibility with the surrounding uses. A significant fountain feature is placed at the entrance.
The site would be pedestrian friendly, gated, and have buffering around the entire property. In
addition to the clubhouse and recreation center, there is a tot lot and cabana with a pool and
spa. They were not proposing any walls on the Lawrence Road side.
Almost 4 acres of the 9.35-acre parcel was dedicated to open space, which was located on each
end of the site. A pedestrian corridor runs through the center of the development and also
between each row of units. The proposed townhouses would be fee simple and not
condominiums. The residents would own a lot as well as a town home. The site plan allows 80
feet of separation from the neighborhoods, much more than would be possible with single-
family homes.
The applicant believed Nautica Sound had actually been built out at 6.8 dujacre.
Mr. Terry displayed the architectural elevations for the project. During the Board discussion
following this presentation, many Board members commented on the attractive appearance of
the project.
7
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
March 28, 2006
Chair Wische asked whether the applicant agreed with the 48 Conditions of Approval. Mr.
Weiner indicated they agreed to all conditions.
Mr. Weiner addressed the eight criteria for approval as listed in the Land Development
Regulations.
1. Consistency with Comorehensive Plan - The project location was unique since it had
residential on three sides and commercial on another, which limited development potential for
single-family homes. Requiring single-family homes on this site would go against Objectives
1.19 and 1.17. Juxtaposing single family to commercial made no sense.
2. Consistency with Established Land Use Pattern - Grouping the buildings in the center of
the project created as much distance as possible from the obnoxious uses to the north and the
surrounding single-family residential communities. Single-family homes would be much closer to
the neighbors.
3. Changed Conditions - The changed condition was the intense commercial, automotive,
development to the north of the proposed project, negating the adviSOry in the Comprehensive
Plan calling for a Low Density Residential land use and single-family homes for this area. The
City's Code requires it to recognize changed conditions.
4. Concurrency and Annexation - There was agreement between Staff and the developer
that concurrency had been met and annexation could be supported.
5. Comoatibility with Adiacent Prooerties - Precedence - The proposed use provided a
traditional step-down in intensity to the adjoining intense commercial use. Approving this
project would not set a precedent. There was a project on Federal Highway and Gulfstream
Boulevard on which the City had ignored an advisory in the Comprehensive Plan due to
changed circumstances in the area.
6. Economicallv Developable under Existing Zoning - The existing zoning is AR, which could
be one house on five acres or a farm. The site was not economically developable under those
conditions. Other County programs would allow them 15-20% more density, but the intent was
to be in the City and have a PUD.
7. Needs of the Neighborhood - Market Demand - Staff agreed housing was critical to the
City and that meant the project would meet the reasonable needs of the neighborhood. If
forced to do single-family housing, the housing would cost more than the mean average in Palm
Beach County of $420K and that was not realistic for this site in today's market. Boynton Beach
needs homes in the median range.
8. Adequate Sites Elsewhere - Alternate Locations - The Staff Report indicated the only
other suitable sites would be on Federal Highway. This was one of the few adequate sites in
this quadrant for this kind of project.
The developer initiated discussions with the neighbors early in the planning stages. To relieve
their concerns, the project would have tiers of landscaping that would be mature at planting.
8
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
March 28,2006
There would also be the highest possible berms allowed by Code and the topography. They did
not plan to place walls on the FPL easement.
In summary, the developer believed the project met the criteria against which it was reviewed
and that the project was the best possible solution for this site.
Chair Wische opened the floor for the public to speak.
Carol Fink, 3813 Jonathan's Way in Jonathan's Grove, lives in property that backs up to
the proposed property. Ms. Fink was not against the project, but objected to the increase in
traffic 90 new units would add to the roads, especially at peak times. According to the Palm
Beach County Traffic Department, the road could not be widened any further. The Traffic
Department advised a developer's request to "break through" a median on Lawrence Road had
been denied since there was already too much traffic on Lawrence Road.
Ms. Fink contended the Jonathan's Grove wall would be opposite a high berm on the proposed
site, creating an alleyway where undesirable activities could take place at night. The easement
was also for the existing paved road that would be relocated inside the proposed project
boundaries, to become part of its entrance. She suggested moving the wall out to their property
line.
Jerry Dozer, a resident of Lot No.6 in Jonathan's Grove, would agree to the project with
less density, even if it were more expensive. Mr. Dozer believed it would be impossible to
accommodate the increase in traffic the project would bring. He remarked the people living next
to the FPL easement paid taxes on it although they did not have access to it. He was sure the
engineers had looked at flood control issues, but noted engineering designs did not always work
as planned and this was an area of concern.
Lisa Crandall, 1088 Fairfax Circle West, lives in Lawrence Grove, one quarter mile to the
south of the proposed project and was in favor of the project. She lives in a single-family
detached community and to get to any of her common grounds, it was necessary to walk in the
middle of the road, including children running to the pool and playground. What she most liked
about the concept of the proposed project was that the entire roadway was on the perimeter of
the property. Not only would children be safe going to and from the play areas, adults would
not have to fight traffic to get to their common areas. It would be positive for people with
children in schools.
Chair Wische closed the floor for publiC comment when no one else came forward to speak.
Eric Johnson added several people had come into the Planning and Zoning Department, but had
not expressed any objection or approval for the project. However, a letter had been received
from Jennifer Humphrey at 7067 Chesapeake Circle, Nautica Sound, objecting to the
density of the project and indicating she planned to bring a signed petition from her neighbors
to the City Commission meeting.
Mr. Weiner responded the developer understood the concerns of the neighbors. They realized
single-family homes were being built, but not behind carwashes, a 7-11 store, and a tire repair
shop, which made the project unique. He commented in the Nautica project, the homes
9
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
March 28, 2006
bordering the lakes had the highest values and the homes bordering the commercial properties
had the lowest values.
Adjusting the timing of traffic lights could often relieve traffic congestion. The project had been
reviewed by the Traffic Department and it met all traffic concurrency requirements. The project
would be unsafe with single-family detached homes. They purposely had a roundabout so the
traffic stacking was far greater than anything to be seen in a single-family development. Also,
there would be right turns in and right turns out and no ability to cross the median in the
middle of the road. If the neighborhood is concerned about safety, a PUD is the way to go.
In reference to a comment regarding the maximum density, the County would allow higher
density, but they wanted to be in a PUD because it fit the transition and took the buildings off
the property and lot lines.
Mr. Weiner encouraged the neighbors speak with FPL about their concerns regarding the
easement. The developer was not going to change anything related to the easement. The
berm was not eight feet high, but probably closer to 18-24 inches high.
Even if the density were decreased, roads like Hypoluxo and Lawrence experienced
approximately 20K trips a day and a single family house contributes about four trips a day.
Taking twenty units out of the project would create an infinitesimal difference in conditions and
mean an even more expensive house.
Mr. Weiner urged the Board to recommend approval of the requests.
Board Comments
Mr. Cwynar mentioned 3.5 acres of the parcel were devoted to recreation, leaving about 5.81
acres on which to place 90 dwelling units, which translated to 15 dujacre. Mr. Weiner
responded if the net number were used, their neighbor's numbers would double and triple also.
Mr. Cwynar's felt making a sharp, 90 degree turn into the garages would be challenging. He
questioned whether there would be enough parking for friends and grandparents.
Mr. Terry responded an additional twelve parallel spaces were located along the north side of
the site. The people on the south side would be served by spaces located at each end of the
project. According to the criteria, they met parking regulations and were over parked by 11
spaces.
Ms. Grcevic appreciated the project's appearance and could accept it, but the increased traffic
was a serious issue. An adult pedestrian was killed a year ago coming out of Nautica Sound. It
was practically impossible to get to the school in the morning.
Diana Johnson thought the project was beautiful, but did not believe more density was needed
on the north end of town. She was pleased to hear Staff say the project was too dense,
something she had not heard from this Board or the eRA in some time. She also did not agree
with dumping 200 additional cars twice a day onto the surrounding roads.
10
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
March 28, 2006
Mr. Casaine congratulated the architects and designers for producing one of the best-looking
projects he had seen. He agreed with his colleagues on the traffic problem; however, he
believed traffic congestion was widespread in Boynton Beach and would probably continue until
someone devised a pattern to address the way the traffic flowed. He believed some project
would go here and this was nicer looking and better organized than some. If he were going to
be against density, he would have to be against a great deal of density that had already been
brought into Boynton Beach. He felt it represented progress.
Mr. Saberson believed the voice of the citizens who specifically looked at this area and
determined how they wanted to see it developed should be respected. Whether or not that
advisory was legally binding, it constituted a compact with the citizens of the area that this
Board should not lightly recommend be overturned. Mr. Saberson also contended the Board
had to do all in its power to protect single-family uses in the City. Considering the density of the
proposed plan, he would support Staff's recommendation for denial.
Mr. Baldwin recalled when the neighbors of the Serrano development fought for Single-family
homes, instead of 97 multi-family units, the developer built 47 single-family homes. He would
prefer to see single-family at this location. He congratulated the developers for a beautiful, well
thought out project.
Motion
Mr. Saberson moved to support Staff's recommendation of denial on annexation of the
Lawrence Road Property, also known as Parc Central. Mr. Baldwin seconded the motion.
The Recording Secretary conducted a roll call vote. The motion to deny annexation passed 4-3,
Chair Wische, Mr. Cwynar, and Mr. Casaine dissenting.
Motion
Mr. Saberson moved if annexed by the City, the Parc Central property be annexed at the Low
Density Residential land use category with a maximum density of 4.84 units per acre. Ms.
Johnson seconded the motion.
The Recording Secretary conducted a roll call vote. The motion to deny the applicant's request
for the Medium Density Residential land use classification passed 4-3, Chair Wische, Mr.
Cwynar, and Mr. Casaine dissenting.
Motion
Mr. Saberson moved in favor of Staff's recommendation for denial on the Parc Central site plan.
Ms. Johnson seconded the motion to deny that passed 4-3, Chair Wische, Mr. Cwynar, and Mr.
Casaine dissenting.
The Board recessed from 8:11 p.m. and reconvened at 8:25 p.m.
B. Conditional Use
1.
Project:
Quantum Park & Village South Commercial
CO US 06-003)
Eugene Gerlica
Agent:
11
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORI\-J.
VIII.-PUBLIC HEARING
ITEM B.1
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15,2006 (Noon)
[8J April 18, 2006 April 3,2006 (Noon) D June 20, 2006 June 5, 2006 (Noon)
D D June 19,2006 (Noon) .. .-.
May 2, 2006 April 17, 2006 (Noon) July 5, 2006 -'-.--'
...-.';
D May 16,2006 May 1,2006 (Noon) D July 18, 2006 July 3, 2006 (Noon) r-..) '---
'..'----
,-
~
D Administrative D Development Plans C') --q:::;:.
D D .,-.-.-t "
NATURE OF Consent Agenda New Business C;-', ~~--;~i~
AGENDA ITEM [8J 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 18, 2006 City Commission Agenda under Public
Hearing with the corresponding items for annexation, land use amendment and rezoning. The Planning and Development
Board, consistent with the staff recommendation, recommended that the subject request be denied on March 28,2006. So
that final action on the land use and zoning changes precedes review of the corresponding site plan request, staff recommends
that this item be heard in conjunction with the annexation, land use and rezoning items but tabled to the May 2nd meeting for
fInal action to follow ordinance review. For further details pertaining to the request, see attached Department Memorandum
No. 06-054.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Lawrence Road Project (NWSP 06-006)
Brian Terry, Land Design South
Vermac Properties 6, LLC
Northeast comer of Lawrence Road and 7Ist Avenue South, approximately 350 feet south
ofHypoluxo Road
Request New Site Plan approval to construct 90 fee-simple townhouse units on a 9.35-acre
parcel in the Planned Unit Development (PUD) zoning district.
DESCRIPTION:
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
~~
Develop t ep rtment
MtJ ~4
Plarming and onmg Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Lawrence Rd. Project-Land Design South\NWSP 06-006\Agenda Item Request Lawrence Rd Property NWSP 06-
006 4-18-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
TO:
THRU:
FROM:
DATE:
PROJECT NAME/NO:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-054
STAFF REPORT
Chairman and Members
Planning and Development Board and City Commission
Michael Rumpf
Planning and Zoning Director
Eric Lee Johnson, AICP ~
Planner U
March 22, 2006
Lawrence Road project (aka Parc Central) / NWSP 06-006
New Site Plan
Property Owner:
Applicant:
Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Adjacent Uses:
North:
PROJECT DESCRIPTION
Multiple owners
Vermac Properties 6, LLC
Mr. Brian Terry with Land Design South
Northeast corner of Lawrence Road and 7151 Avenue South,
approximately 350 feet south of Hypoluxo Road (Exhibit "A")
:f:9.349 acres (407,263 square feet)
Palm Beach County Medium Residential, 5 units per acre (MR-5)
Palm Beach County Agricultural Residential (AR)
Medium Density Residential (MeDR)
Planned Unit Development (PUD)
Townhouse Community
Developed commercial (Grove Plaza) designated with Local Retail
Commercial (LRC) land use and zoned Community Commercial (C-3),
then farther north is right-of-way for Hypoluxo Road, then still farther
north is Santaluces High School designated with Palm Beach County
Institutional (I) land use and zoned Palm Beach County Public
Ownership (PO);
Staff Report -Lawrence Road project (aka Parc Central) - NWSP 06-006
Memorandum No PZ 06-054
Page 2
South:
Developed single-family residential properties (Jonathan's Grove)
designated with Low Density Residential (LDR) land use and zoned
Single-family Residential (R-1-A), then farther south is vacant
residential located within an enclave of unincorporated Palm Beach
County designated with Medium Residential, 5 units per acre (MR-5)
land use and zoned Agricultural Residential (AR);
East:
Developed single-family residential lots (Nautica Sound PUD) classified
with Low Density Residential (LDR) land use and zoned Planned Unit
Development (PUD); and
West:
Right-of-way for Lawrence Road, then farther west is developed
residential property (Palmyra I) located within unincorporated Palm
Beach County with Medium Density, 5 units per acre (MR-5) land use
and zoned Planned Unit Development (PUD).
Site Characteristic: The subject property is located within an enclave of unincorporated Palm Beach
County. It is comprised of several lots, forming a 9.35-acre rectangular-shaped
parcel. Said parcel is located at the northeast corner of Lawrence Road and 7151
Avenue South, which is approximately 350 feet south of Hypoluxo Road. Several of
the lots have already been developed with single-family detached homes. The
survey shows that the site contains many mature trees, such as Areca palm, Queen
palm, Royal palm, Acacia, Banyan, Bottlebrush, Black Olive, Coconut palm, Citrus,
Cabbage palm, Rcus, Gumbo Limbo, Norfolk Island pine, Oak, Pine, Poinsetta, and
Scheflera. Also, there are several large-size ponds scattered throughout the site.
The highest elevation is a point 18.8 feet above sea level, located at the eastern
portion of the site near the east property line. It should be noted that if the project
is approved, many if not all of the existing easements would be vacated and
rededicated elsewhere on site through the platting process.
BACKGROUND
Proposal:
As previously mentioned, the subject property is located within an enclave of
unincorporated Palm Beach County. The underlying land use is County Medium
Residential, 5 units per acre (MR-5) and the corresponding zoning district is County
Agricultural Residential (AR). Mr. Brian Terry with Land Design South is proposing
a new site plan (for 90 fee-simple townhouse units), which would be processed
simultaneously with a master plan that is associated with a concurrent request for
annexation, land use amendment, and rezoning (see Exhibit "c" - Conditions of
Approval). It is the desire of the applicant to raze the existing houses and request
to reclassify the land use category to Medium Density Residential (MeDR) and
rezone to Planned Unit Development (PUD). Townhouses are permitted in the PUD
zoning district. All buildings are proposed as two (2)-story structures. The
maximum density allowed by the MeDR land use classification is 9.68 dwelling units
per acre, which would allow the developer a maximum of 90 units. However, the
requested density was found to be inconsistent with the policy recommendation
and I or intent of the Comprehensive Plan. Therefore, staff recommends denial of
Staff Report -Lawrence Road project (aka Parc Central) - NWSP 06-006
Memorandum No PZ 06-054
Page 3
requested annexation, land use amendment, and rezoning for the following
reasons:
1. The requested land use category of Medium Density Residential (MeDR) for the
proposed development is inconsistent with the recommendation for Planning
Area 6.C. of the Comprehensive Plan Future Land Use Support Document,
Section VII, Problems and Opportunities. The above-referenced recommended
land use category for this area of the city is Low Density Residential (LDR), not
Medium Density Residential (MeDR) in order to maintain consistent densities
and residential character throughout the area. The proposed project density of
9.63 dwelling units per acre, which would be just under the threshold of High
Density Residential (HDR) strongly contrasts the recommended density and the
single-family character represented by the predominance of single-family
detached homes built within the immediate vicinity at less than five (5) dwelling
units per acre;
2. Although the requested annexation is consistent with the City's annexation
policy because the property is contiguous with properties lying within the City
of Boynton Beach, and forms a reasonably compact addition to the city
boundaries; it cannot be successfully annexed into the City without the
concurrent reclassification and rezoning of the property;
3. Staff disagrees with the applicant's assertion that the site is considered
"transitional" (because it abuts up to a commercial property (Grove Plaza) to
the north) and consequently is eligible and more appropriate for higher
residential densities;
4. That approval of this request could set a precedent for similar land use and
zoning on the vacant property south of Jonathan's Grove;
5. There still is a market for single-family detached homes in this area as
evidenced by the surrounding residential subdivisions and recent development
application for said homes on the property south of Jonathan's Grove; and
6. That there are sites elsewhere in the City where townhouse development can
be constructed and be more compatible with surrounding residential
developments.
ANALYSIS
Concurrency:
Traffic:
A traffic statement was sent to the Palm Beach County Traffic Division for
concurrency review in order to ensure an adequate level of service. The Palm
Beach County Traffic Division has confirmed that the project meets the Traffic
Performance Standards of Palm Beach County.
Utilities:
The City's water capacity, as increased through the purchase of up to 5 million
gallons of potable water per day from Palm Beach County Utilities, would meet the
Staff Report -Lawrence Road project (aka Parc Central) - NWSP 06-006
Memorandum No PZ 06-054
Page 4
projected potable water for this project (project estimated to require a total of
40,000 gallons per day). Local piping and infrastructure improvements may be
required, especially on the water delivery system for the project, depending 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 projected total of 18,000 gallons per day, subject to
the applicant making a firm reservation of capacity, following approval of the site
plan (see Exhibit "C" - Conditions of Approval).
Policel Fire: Staff reviewed the site plan and determined that current staffing levels would be
sufficient to meet the expected demand for services.
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: The School District of Palm Beach County has reviewed the application and has
determined that adequate capacity exists to accommodate the projected resident
population.
Driveways: The project proposes one (1) point of ingress / egress to the subject site. This
main entrance would be located on Lawrence Road. The ingress lane would be 20
feet in width and the egress lanes would total 25 feet in width. The entrance and
exit lanes would be separated by a 12-foot wide median. The egress lane would
allow for right-turn (northbound) traffic movement onto Lawrence Road. No left-
turn (southbound) traffic movement is proposed on Lawrence Road due to the
presence an existing landscaped median. The development would be secured, as a
gate is proposed at the front entrance north and south of the circular driveway.
The circular drive allows an escape route should motorists be denied entry in the
townhouse development. The street system internal to the development is
generally proposed in a linear configuration of large east-west drive aisles.
Residents would access their garages via small connecting north-south roads
proposed between the larger east-west drive aisles. The site plan shows that all
two (2)-way drive aisle lanes would be 25 feet in width, which would conform to
current engineering standards. The project's sidewalks are proposed separately
from the street system. It should be noted that an emergency access point is
proposed along the north property line, located along the eastern portion of the
subject property, directly abutting Grove Plaza. This point would be used if the
main point of access proposed along Lawrence Road is obstructed. The property
owner to the north (KMA Investments Properties, LLC) provided staff with a letter
dated February 13, 2006 that confirms their consent for this cross-access onto their
property. The letter indicates approval of the ''tap streets which would allow the
residents' access to the retailers within Grove Plaza". However, it is the project
intent to only utilize the proposed access point along the north property line for
Staff Report -Lawrence Road project (aka Parc Central) - NWSP 06-006
Memorandum No PZ 06-054
Page 5
emergency purposes and only if the main entrance along Lawrence Road is
obstructed. The Rre Hydrant and Fire Truck Access Route Plan (sheet C-9) shows
the projected path and turning radii of emergency vehicles.
Parking Facility: Two and three bedroom dwelling units require two (2) parking spaces per unit.
The project proposes 90 residential units and two (2) recreation areas and would
therefore, require 190 parking spaces. Each unit would have a two (2)-car garage.
The site plan tabular data indicates that nine (9) 90-degree spaces and 12 parallel
spaces are proposed for a total of 201 parking spaces or an excess of 11 spaces.
The floor plans of Models "A" and "B" show that the two (2)-car garage would be
dimensioned 18 feet - six (6) inches in width by 20 feet - eight (8) inches in depth.
Model "c" would be slightly narrower but still able to accommodate two (2) parked
vehicles. The detail of the Typical Unit Plan shows that the driveways (proposed at
the rear of each building) would be 16 feet in width but only eight (8) feet in depth
and therefore would not be able to accommodate a parked vehicle. The site plan
shows that the 90-degee parking spaces, proposed primarily near the easternmost
pool area would be dimensioned nine (9) feet - six (6) inches in width by 18 feet-
six (6) inches in length. The handicap space would be 12 feet in width with five (5)
feet of striping by 18 feet - six (6) inches in length. The parallel parking space
proposed along the north landscape buffer would be dimensioned nine (9) feet - six
(6) inches in width by 25 feet in length. All spaces would conform to current
Engineering standards.
Landscaping: According to the site plan tabular data (sheet 1 of 2), the proposed pervious area
would total 3.89 acres or 41.6% of the site. This figure includes the projects two
(2) dry-retention areas. The retention areas are proposed at the western portion
of the project, near Lawrence Road. The Plant Schedule table indicates that 114 or
63% of the 180 canopy trees and 45 (62%) of the 73 palm trees would be native.
The landscape data indicates that 3,622 or 70% of the 4,664 shrubs would also be
native. The landscape plan would provide the following species of trees: Gumbo
Limbo, Pitch Apple, Pigeon Plum, Geiger tree, Wax Myrtle, Live Oak, Mahogany,
Yellow Elder, Glory tree, Christmas palm, Coconut palm, Medjool Date palm, Royal
palm, and Sabal palm.
The site plan shows that a 1s-foot wide landscape buffer tract is proposed along
the north property line abutting the commercial property. However, it should be
noted that there are several 7s-foot long stretches of this buffer that would be only
five (5) feet - six (6) inches wide because of parallel parking spaces that are
proposed within said buffer. The parallel parking spaces proposed within the north
landscape buffer would be located perpendicular to the north-south pedestrian
walkways. The applicant is attempting to locate the widest portions of the
landscape tract perpendicular to where the buildings are proposed in an attempt to
provide the necessary buffering between said buildings and the commercial
property to the north. The landscape plan shows that a mix of Mahogany and
Gumbo Limbo canopy trees spaced 20 feet apart are proposed within this buffer. It
should be noted that the site plan shows an existing eight (8) foot tall C. B.S. wall is
located along the entire southern fringe of the Grove Plaza property. However, the
1s-foot Landscape Buffer detail indicates that the wall is five (5) feet in height.
Staff Report -Lawrence Road project (aka Parc Central) - NWSP 06-006
Memorandum No PZ 06-054
Page 6
Regardless, it would be unnecessary to erect a wall within the north landscape
buffer of the subject property. A row of firebush is proposed at the base of the
wall along the north property line of the subject property. This landscape material
would help to "soften" the look of the wall.
A landscape buffer 15 feet in width is proposed along the entire east property line.
This is the portion of the proposed PUD that abuts the Nautica Sound development
to the east. A combination of Geiger and Wax Myrtle trees 20 feet on center would
be placed within said landscape buffer. It should be noted that the landscape plan
also shows that the eastern portion of a 12-foot wide utility easement would
overlap with the east landscape buffer. However, this slight overlap would not
prevent the installation of the canopy trees within the buffer. The lS-foot
Landscape Buffer detail shows that an existing six (6) foot tall chain-link fence runs
along the entire east property line. This fence is located outside the property line
and is not a part of this site plan. However, the Buffer detail indicates that a six
(6) foot tall continuous hedge and three (3) foot tall shrubs would be placed along
the east property line underneath the canopy trees. Staff recommends installing a
six (6)-foot tall buffer wall along the east property lines in areas where vehicles
traveling from within the PUD can potentially shine their headlights onto the
adjacent properties (see Exhibit "c" - Conditions of Approval).
A landscape buffer 10 feet in width is proposed along the entire south property line
of the subject property, directly abutting the Jonathan's Grove subdivision. The 10-
foot Landscape Buffer detail indicates that the trees would be installed 20 feet
apart. The landscape plan indicates these trees would be a combination of Yellow
Elder and Geiger trees. Again, it should be noted that the landscape plan also
shows that the southern portion of a 12-foot wide utility easement would overlap
with the east landscape buffer. However, this slight overlap would not prevent the
installation of the canopy trees within the buffer. Also, the detail indicates shows
an existing six (6) foot tall pre-cast buffer wall runs along the entire property line.
Therefore, a wall on the subject property would not be needed.
A landscape buffer 15 feet in width is proposed along the entire west property line
adjacent to Lawrence Road. This landscape buffer would include the following
species: Royal palm, Ixora Nora Grant, Weeping Lantana, Bird of Paradise, Redtip
Cocoplum, and Shore Juniper. The lS-foot Landscape Buffer detail indicates that
the trees would be staggered at 20 feet apart. It also shows that a six (6) foot tall
pre-cast is proposed along the entire west property line within the buffer area.
Shrubs and groundcover plants would be installed along the outside of the wall.
The continuous hedge would be four (4) feet in height while the shrubs would be
three (3) feet in height. The Pre-Cast Wall detail shows that the wall would be six
(6) feet in height and have decorative columns and caps.
The landscape material for each townhouse building is proposed in the same
design. The material would include the following species: Dahoon Holly,
Mahogany, Traveler's palm, Sabal palm, Redtip Cocoplum, Rrebush, DwarfYaupon
Holly, Muhly Grass, Giant Sword Fern, Imperial Blue Plumbago, Wild Coffee, and
Variegated Schefflera. The accent plants would include Crinum Lily, Saw palmetto,
Staff Report -Lawrence Road project (aka Parc Central) - NWSP 06-006
Memorandum No PZ 06-054
Page 7
Building I Site:
and Tropical Bird of Paradise. Most trees would be installed at half the building
height.
The applicant is requesting a rezoning to PUD Planned Unit Development with a
density of 9.63 dwelling unit per acre, rather than the 3.5 dwelling units per acre
as stated in the recommendations for Planning Area 6.C. of the Comprehensive
Plan Future Land Use Support Document, Section VII, Problems and Oooortunities.
A project density of 3.5 dwelling units per acre would fall under the LDR land use
category. Regardless of which land use category is used, both would allow for the
PUD zoning district. As such, according to Chapter 2.5, Section 9.B., when
rezoning a property, no minimum lot size or minimum yard shall be required;
provided however, that PUD frontage on dedicated public roads shall observe front
yard requirements in accordance with the zoning district the PUD use most closely
resembles and that peripheral yards abutting other zoning districts shall be the
same as required in the abutting zone. The abutting property to the north is zoned
Community Commercial (C-3) with a Local Retail Commercial (LRC) land use
designation. The rear setback of the C-3 zoning district is 30 feet. The site plan
proposes a setback of 48 feet from the north property line. The abutting lots to the
south are zoned Single-family Residential Dwelling (R-1-A) with a Low Density
Residential (LDR) land use designation. As such, the rear setback of the R-1-A
zoning district is 20 feet. The site plan proposes a setback of 43 feet from the
south property line. The properties to the east lie within the Nautica Sound PUD
subdivision, formerly known as Knollwood Groves PUD. On October 17, 1989, the
City Commission approved the rezoning of AG (Agriculture) and R-1AAA (Single-
family Residential) to PUD. This 110.91-acre subdivision was platted in 1996 with
424 residential lots equating to an overall density of 3.82 dwelling units per acre.
The Nautica Sound PUD has a required rear setback of 15 feet from the west
property line. In reality, the buildings are setback between 35 feet and 40 feet
from the west property line. The site plan proposes a setback of over 57 feet from
the east property line.
As previously mentioned, all townhouse buildings are proposed as two (2)-story
structures. The elevations show them with a mean height of slightly over 25 feet -
four (4) inches and a peak roof height of 30 feet - four (4) inches. The project
proposes three (3) model types, all of which would contain three (3) bedrooms.
The size of the models would range from 1,789 square feet (as the smallest) to
1,957 square feet (as the largest) of air-conditioned living areas. The site plan
shows that the 90 fee-simple units are proposed in 18 separate buildings. The
uses proposed in the PUD and the acreages devoted to each are as follows:
Land Uses
Acres
MUlti-family Residential
Private Recreation
Vehicular Use area
Open space I Landscaping
3.58
0.89
2.26
2.62
TOTAL 9.35
Staff Report -Lawrence Road project (aka Parc Central) - NWSP 06-006
Memorandum No PZ 06-054
Page 8
The Typical Unit detail indicates that each five (5)-unit building would be 11,965
square feet in area. It also indicates that the yards for each fee-simple lot area
would be enclosed with a three (3) foot tall decorative wall followed by two (2) feet
of fencing on top of it. According to the applicant, each residential allotment would
extend from the end of the proposed driveway at the rear of each building to the
end of the front courtyard. The common areas would have trellises. The site plan
shows a tot-lot and two (2) separate recreation areas, proposed on opposite ends
of the development. The easternmost recreation area would consist of a swimming
pool, cabana building, spa, and splash pool. The westernmost recreation area
would consist of 0.59 acres of open space, a tot-lot, and a lOOO-square foot
clubhouse building. No swimming pool is proposed at the westernmost recreation
site.
The applicant is not requesting the provision for screened-roof enclosures in the
rear yard. Covered balconies and entries are shown on the plans submitted. Staff
would object to screened-roof and solid-roof screened enclosures that encroach
outside the "building envelope" or fee-simple lot area. No mailbox location have
yet been determined but the applicant suggests that in their consultation with the
post office, it is probable that the mail area(s) would be incorporated within the
common recreation areas.
The location of the call-box / Knox box is provided on the site plan. According to
the applicant, the southern entrance gate off the circular drive would be the
residents only and would be operated with a security card / buzzer. The northern
gate would be for residents and visitors. Residents would gain access via a security
card / buzzer and visitors would utilize the call box.
DeSign:
The City has reviewed and approved many different residential projects over the
past few years (i.e. Boynton-Dixie, The Harbors, Villas at Quantum Lakes, Arbolata,
Jefferson at Boynton Beach, Kensington Place, Serrano Beach, Waterside,
Bayfront). Most of them have been townhouse developments. Associated with the
proposed type residential development are a wide variety of pOSSible building
designs (i.e. contemporary, traditional, Spanish-Mediterranean, etc.). This project
would be considered as more of a mixture of "traditional" architectural styles with
its decorative shutters, white aluminum railings, and architectural gable features.
The desired roofing material is a shadow line architectural shingle manufactured by
Elk Premium Roofing or similar make. According to the applicant, the shingle is a
high-wind impact product more easily attainable in current post-hurricane market.
The elevations show that the exterior finish of the walls would consist of a
combination of either smooth stucco or semi-rough stucco. Since 18 buildings are
proposed, the one (1) of the three (3) color schemes would be applied to each
group of six (6) buildings. Staff has no objections to the proposed building colors,
architectural styles, or roof types.
Staff Report -Lawrence Road project (aka Parc Central) - NWSP 06-006
Memorandum No PZ 06-054
Page 9
Generally speaking, staff is in favor of annexing the subject parcel and converting
the partially developed residential use to a planned unit development. However,
staff's objection with the plan is not with the design itself but rather with the
proposed density. Specific site design components, such as the configuration of
the buildings, separation distance, drive aisles, and allocation of guest / overflow
parking were all found to be acceptable, contingent upon incorporating all of staff's
comments that are itemized in Exhibit "C" - Conditions of Approval. However, City
staff opines that the proposed density (9.63 units per acre) is too intense pursuant
to the Comprehensive Plan Future Land Use Support Document, Section VII,
Problems and Oooortunities, and is more appropriate elsewhere in the City. For
example, on May 15, 2001, the City Commission adopted the Federal Highway
Corridor Redevelopment Plan to allow for a variety of housing styles at intensities
that will assist in supporting the downtown. It also served as a catalyst to
encourage redevelopment and infill development of the eastern and more urban
areas of the City, specifically along Federal Highway, and to promote the overall
general economic expansion of the City. Implementation of the Plan included an
amendment to the Land Development Regulations to create high density zoning
districts, such as the IPUD and mixed-use zoning districts. These new zoning
district allows for a greater variety of housing types in order to redevelop infill
parcels. A more complete and exhaustive analysis of the project's density and
compatibility issues are addressed in the accompanying staff report (P&Z 06-053).
Signage:
The proposed signage is shown on the on the Monument Sign detail. According to
the drawing, the "Pare Central" sign would be 32 square feet in area, thereby
complying with Chapter 21, Article IV, Section 1.D of the Land Development
Regulations. However, no sign material or color(s) were indicated. Therefore, staff
recommends they be either back-lit or receive uplighting and have colors that are
compatible with the colors of the development (see Exhibit "C" - Conditions of
Approval).
RECOMMENDATION:
Staff is recommending denial of the applicant's concurrent request for annexation, land use amendment,
and rezoning (ANEX 06-003 and LUAR 06-004). Therefore, staff recommends that this request for new
site plan be denied based upon the density and compatibility issues identified and addressed in
accompanying staff report (P&Z 06-053). Furthermore, these issues are summarized in the "Proposal" and
"Design" sections of this staff report. However, if it is the will of the Planning & Development Board and
City Commission to approve the project as proposed, then all remaining unresolved comments included in
Exhibit "C" - Conditions of Approval shall be complied with prior to the issuance of any building permits.
Any additional conditions recommended by the Board or City Commission shall be documented accordingly
in the Conditions of Approval.
S:\P1anning\SHARED\WP\PROJECfS\lawrence Rd. Project-land Design South\NWSP 06-006\Staff Report.doc
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PARC CENTRAL
LAND.
DESIGN
SOUTH
Landscape ArchitecturelLand Planning
PREPARED FOR: VERMAC
CITY OF BOYNTON BEACH, FLORIDA
EXHBIIT "C"
Conditions of Approval
Project name: Lawrence Road (aka Pare Central)
File number: NWSP 06-006
Reference: 2nd review plans identified as a New Site Plan with a February 14, 2006 Planning & Zoning date
stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments:
1. At the time of permitting, show location of call-box on the plans; revise to X
allow "resident-only" for south gate.
2. At the time of permitting, provide and clearly label a minimum 40-foot wide X
right-of-way (roadway tract) with minimum of two (2) II-foot wide travel
lanes.
ENGINEERING DIVISION
Comments:
3. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X
Section 5.H.) Use City Standard Drawing P-14 for the sight triangles along
Lawrence Road.
4. The storm sewer system is shown with an ultimate outfall into the County's X
storm sewer system on Lawrence Road. At the time of permitting, provide
written confirmation that the County will allow this tie-in into their system.
5. 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.
6. 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.
7. Upon satisfactory Commission approval of the Site plan, the applicant shall X
enter the plat process through the City's Engineering Division. A
preliminary plat application may be initiated during the site plan review to
expedite issuance of the Land Development Permit.
UTILITIES
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03/24/06
2
DEPARTMENTS
Comments:
INCLUDE
8. At the time of permitting, please provide a timeline that clearly illustrates X
when water and sewer services will be required to serve the proposed
project. Your starting date for the timeline should be the date of City
Commission approval. Also provide milestone dates for permit application,
the start of construction, and the setting of the first water meter. This
timeline will be used to determine the adequacy of water and wastewater
treatment capacity for your project upon the project's completion, so please
be as accurate as possible.
9. At the time of permitting, all utility easements and utility lines shall be X
shown on the site plan and landscape plans (as well as the Paving &
Drainage Plan Sheets (Sheets C-3 & C-4) and the Water & Sewer Plan
Sheets (Sheets C-5 & C-6)) so that we may determine which appurtenances,
trees or shrubbery may interfere with utilities. In general, palm trees will be
the only tree species allowed within utility easements. Canopy trees may be
planted outside of the easement so that roots and branches will not impact
those utilities within the easement in the foreseeable future. The LDR,
Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to
remove any trees that interfere with utility services, either in utility
easements or public rights-of-way.
10. Palm Beach County Health Department permits will be required for the X
water and sewer systems serving this project (CODE, Section 26-12).
II. 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)).
12. The CODE, Section 26-34(E) requires that a capacity reservation fee be X
paid for this project either upon the request for the Department's signature
on the Health Department application forms or within seven (7) days of site
plan approval, whichever occurs first. This fee will be determined based
upon final meter size, or expected demand.
13. Water and sewer lines to be owned and operated by the City shall be X
included within utility easements. Please show all proposed easements on
the engineering drawings, using a minimum width of 12 feet. The
easements shall be dedicated via separate instrument to the City as stated in
CODE Sec. 26-33(a).
14. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to the
City Utilities Department before the first permanent meter is set. Note that
REJECT
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03/24/06
3
.
DEPARTMENTS INCLUDE REJECT
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy.
IS. A building permit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
16. Utility construction details will not be reviewed for construction X
acceptability at this time. All utility construction details shall be in
accordance with the Utilities Department's "Utilities Engineering Design
Handbook and Construction Standards" manual (including any updates)
and will be reviewed at the time of construction permit application.
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION
Comments:
17. Indicate within the site data the occupancy type of each building as defined X
in 2004 FBC, Chapter 3. This development shall be classified as R-2
occupancy per Florida Building Code, Section 310.
18. Place a note on the elevation view drawings indicating that the exterior wall X
openings and exterior wall construction comply with 2004 FBC, Table
704.8, or 2004 FBC, Residential, Section R302.2. Submit calculations that
clearly reflect the percentage of protected and unprotected wall openings
permitted per 2004 FBC, Table 704.8 or 2004 FBC, Residential, Section
R302.2.
19. 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 2004 FBC, Section 1609 (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.
20. Add to all plan view drawings of the site a labeled symbol that represents X
the 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
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"
DEPARTMENTS INCLUDE REJECT
proposed construction.
22. 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:
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.
23. To properly determine the impact fees that will be assessed for the one-story X
clubhouse, provide the following:
. Will the clubhouse be restricted to the residents of the entire project only?
. Will the residents have to cross any major roads or thoroughfares to get to
the clubhouse?
. Will there be any additional deliveries to the site?
. 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.
24. 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.
25. 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.
26. 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:
. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
. If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
. The number of dwelling units in each building.
. The number of bedrooms in each dwelling unit.
. 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)
27. At time of building permit application, submit verification that the City of X
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DEPARTMENTS INCLUDE REJECT
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 legal description of the land.
. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
. If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
. The number of dwelling units in each building.
. The total amount being paid.
(CBBCO, Chapter 1, Article V, Section 3(f))
28. 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.
29. 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.
30. Show the proposed site lighting on the site and landscape plans. (LDR, X
Chapter 4, Section 7.BA) If possible, provide photo metrics as part of your
TART plan submittals.
PARKS AND RECREATION
Comments:
31. Park Impact Fee - 90 units @ $771.00 each = $69,390.00 to be paid prior to X
issuance of permit.
FORESTER/ENVIRONMENT ALIST
Comments:
32. The Landscape Architect should tabulate the total diameter inches of X
existing trees on the site. The tabular data should show the individual
species of trees proposed to be preserved in place, relocated or removed and
replaced on site. The replacement trees should be shown by a separate
symbol on the landscape plan sheet I of I (Chapter 7.5, Article I Sec. 7.D.p.
2.).
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03/24/06
6
DEPARTMENTS INCLUDE REJECT
33. The landscape sheet should include a shade tree planting detail. This detail X
should including a line indicating where the diameter and height of all of
the trees will be measured at time of planting and inspection.
34. The landscape sheet should include a palm tree planting detail. This detail X
should include a line indicating where the clear trunk, gray wood and height
of all of the palm trees will be measured at time of planting and inspection.
35. The landscape sheet should include a shrub and groundcover planting X
detai 1. This detail should include a line indicating where the height and
spread of the shrubs and groundcover plants will be measured at time of
planting and inspection.
36. All shrubs, accents and groundcover plants should have a height and spread X
dimension.
37. The applicant should add a note that all utility boxes or structures (not X
currently known or shown on the plan) should be screened with Coco plum
hedge plants on three sides.
38. The speCIes of trees, shrubs, and ground cover vegetation should be X
identified for the site perimeter landscape buffers.
39. The applicant should show an elevation cross-section detail of the actual X
heights of the proposed landscape trees and vegetation at the time of
planting to (proper scale) visually buffer the proposed buildings from the
Lawrence Road right-of-way.
PLANNING AND ZONING
Comments:
40. Approval of this project IS contingent upon the approval of the X
accompanymg request for annexation (ANEX 06-003) and land use
amendment / rezoning (LUAR 06-004).
COA
03/24/06
7
DEPARTMENTS INCLUDE REJECT
41. The following excerpt is from Land Use Problems and Opportunities of the X
Comprehensive Plan: "Planning Area 6.C. Unincorporated Parcels
Adjoining Northwest Corner of the City (presently unincorporated). With
exception of the eight (B)-acre parcel adjacent to Hypoluxo (which is now
Grove Plaza), these parcels should be annexed and placed under the Low
Density Residential land use category, in order to ensure compatibility with
existing and future residential land uses in the vicinity. Annexation of these
properties will square off the City's boundary and will allow the City to
control the use of these parcels. Development of these parcels should be
compatible with existing low-density single family dwellings in this area.
Development of the parcels that lie to the south of the above-mentioned
parcel should be limited to low-density single-family detached dwellings,
with a gross density of not more than three and one-half (3.5) units per
" Therefore, the proposed density of 9.63 acres is not considered low
acre.
density residential and would be inconsistent with the residential densities
of the surrounding properties. Staff is recommending denial of the request
for annexation, land use amendment / rezoning, and new site plan. Also,
the project proposes single-family attached dwellings but the above-
referenced policy recommends single-family detached dwellings. While
staff can make concessions to the type of dwelling units proposed (i.e. an
appropriate mix of single-family attached and detached), staff cannot
support the project density as proposed.
42. Correct the spelling of the street "Jonathan's Way" on sheet C-7. X
43. On the site plan (sheet I of I), indicate the location of the mailboxes. X
44. The height of the front entry gates shall not exceed six (6) feet in height. X
45. In order to ensure proper maintenance of the buffer areas, staff recommends X
converting them from private property to "buffer tracts" that would be
owned and maintained by the Home Owners' Association.
46. The trees proposed around the townhouse buildings must be installed at X
least ~ the building height of the building (Chapter 7.5, Article II, Section
S.M.).
47. No sign material or color(s) were indicated. Therefore, staff recommends X
they be either back-lit or receive uplighting and of have colors that are
compatible with the colors of the development
48. Palm Tran bus route #71 uses Lawrence Road. Staff recommends X
coordinating with Palm Tran to install an upgraded bus shelter along
Lawrence Road.
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
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03/24/06
8
"
DEPARTMENTS INCLUDE REJECT
Comments:
49. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
50. To be determined.
MWR/elj
S:IPlanningISHAREDlWPIPROJECTSILawrence Rd. Project-Land Design SouthlNWSP 06-006ICOA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Lawrence Road project (aka Pare Central)
APPLICANT'S AGENT: Mr. Brian Terry / Land Design South
APPLICANT: Vermac Properties 6, LLC
APPLICANT'S ADDRESS: 18999 Biscayne Boulevard, #102 Aventura, Florida 33180
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
2006
April 18, 2006 and May 2,
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 90 fee-simple townhouse
units on a 9.35-acre parcel in the PUD Planned Unit Development
zoning district
LOCATION OF PROPERTY: Northeast corner of Lawrence Road and 7151 Avenue South,
approximately 350 feet south of Hypoluxo Road (see Exhibit "A"-
Location Map)
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "e" 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\LawTence Rd. Project-Land Design South\NWSP 06-006\DO.doc
Meetin~: r1inutes
Plannin9 and Development Board
BOYf1tus 8~ach, Florida
March 28, 2006
to allow a rear setback of one (1) foot, a variance of 7 feet within the R-1-AA zoning district.
Mr. Cwynar seconded the motion that passed 7-0.
Attorney Tolces commented there were three Lawrence Road items and he asked if the Board
wished to hear all the presentations concurrently. Mr. Weiner, the applicant's representative,
agreed. Chair Wische wished to take the applications in agenda order.
A. Annexation
Description:
Lawrence Road Property (ANEX 06-003)
Brian Terry, Land Design South
Vermac Properties 6 LLC
NE corner of Lawrence Road and 71 st Avenue
South, approximately 350 feet south of Hypoluxo
Road.
Request to annex the subject property
1.
Project:
Agent:
Owner:
Location:
Land Use Amendment/Rezoning
Description:
Lawrence Road Property (LUAR 06-004)
Brian Terry, Land Design South
Vermac Properties 6 LLC
NE corner of Lawrence Road and 71st Avenue
South, approximately 350 south of Hypoluxo Road
Request to amend the Comprehensive Plan Future
Land Use Map from MR-5 (Palm Beach County) to
Medium Density Residential (MEDR); and
2.
Project:
Agent:
Owner:
Location:
Proposed Use:
Request to rezone from Agricultural Residential
(AR, Palm Beach County) to Planned Unit
Development (PUD)
90 multi-family residential units
New Site Plan
Description:
Lawrence Road Property (NWSP 06-006)
Brian Terry, Land Design South
Vermac Properties 6 LLC
NE corner of Lawrence Road and 71st Avenue
South, approximately 350 south of Hypoluxo Road
Request new site plan approval to construct 90 fee-
simple townhouse units on a 9.35-acre parcel in
the Planned Unit Development (PUD) zoning
district.
3.
Project:
Agent:
Owner:
Location:
Michael Weiner of Weiner & Aronson, P.A., Boynton Beach, explained the applicant had
arranged the presentation to mirror the Staff reports, which addressed zoning and annexation
together and the site plan separately.
5
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
March 28, 2006
Chair Wische deferred to Eric Johnson, Planner, who responded Staff did not have an issue with
the annexation request, but annexations had to have a land use designation and a zoning
district. Of the three applications, Staff had a problem with the proposed land use and the
zoning. He recommended all three items be heard at the same time. The Board agreed.
Mr. Johnson characterized the surrounding properties, uses and zoning classifications:
Grove Plaza
Jonathan's Grove
Nautica Sound
Palmyra I
Local Retail Commercial
Low Densi Residential
Low Densi Residential
Palm Beach County Medium Density
Residential
The subject property is now located within the unincorporated area of Palm Beach County and
has a Palm Beach County land use of Medium Residential, 5 units per acre (MR-5). Its zoning
district is Palm Beach County Agricultural Residential (AR). The proposal is to annex into the
City of Boynton Beach and be classified with the Medium Density Residential Land Use and the
Planned Unit Development (PUD) zoning district.
Staff reviewed the proposal and concluded there was an issue with the proposed density of
9.63 dujacre. This density is at the high end of the Medium Density Residential land use of 9.68
dujacre. The proposed density is just under the City's High Density Residential land use and is
not compatible with the surrounding properties. The subject project is surrounded on three
sides by Low and Medium Density Residential land uses, R-1-AA Single Family Residential, all
having densities of less than 5 dujacre.
The applicant believed the proposed project would fall into the Medium Density Residential
category because the project would act as a bufferjtransition between the existing land uses.
However, Mr. Johnson noted there was a 240-foot length of single-family homes that also
abutted the same commercial properties as the proposed project.
Mr. Johnson displayed the site plan. The project is comprised of eighteen different townhouse
buildings with a clubhouse building and recreation facility. Cars would have a single point of
ingress and egress from Lawrence Road.
Mr. Johnson referred to an advisory section in the Comprehensive Plan saying that if this
property were ever annexed into the City, it should have a Low Density Residential land use.
The proposed project would exceed the advisable density. The advisory also calls for single-
family homes for the area.
Under the County's laws, the developer could get up to 5 dujacre. The County also had other
programs where the developer might be able to capture additional units.
Staff could make concessions in the type of dwelling units proposed such as a mix of town
homes and single-family homes, or even all town homes, but not at the proposed density.
6
Meeting Minutes
Planning and Development Board
Boy~ton Beach, Florida
March 28, 2006
If annexed and developed, the City services would be adequate to meet the demand and traffic
concurrency was met. The site plan meets all the City's Codes and any facet that did not would
comply after satisfaction of the Conditions of Approval in Exhibit C.
Staff recommended denial of the annexation, land use and rezoning requests.
Chair Wische asked Mr. Johnson to comment on Objective 1.16 in regard to having
development orders be consistent with the Future Land Use Plan. He asked whether decisions
were made based on the future or present. Mr. Johnson responded the Future Land Use was
part of the Comprehensive Plan and this particular 9.35-acre parcel was not located within the
City, so it could not be a part of the Future Land Use Plan. However, they did have an adviSOry
document recommending if annexed, the property should be Low Density Residential.
Attorney Tolces added they were attempting to affix a land use to this property and that would
then be part of the Future Land Use Map for the City. At that point in time they would assign a
zoning category that was consistent with the land use designation
Brian Terry and Bob Vince of Land Design South, 2101 Centre Park West, West Palm
Beach, made a presentation. Michael Weiner of Weiner & Aronson, P.A., also participated
in the presentation.
Mr. Weiner pointed out the areas in which Staff agreed with the developer. He contended the
Comprehensive Plan advice to develop the area with Low Density Residential was at best an
advisory. He acknowledged the County would allow them to have 15% higher density, but they
wished to be in Boynton Beach and have a PUD. They met all site plan requirements and did
not disagree with any of the Conditions of Approval.
Mr. Terry displayed a PowerPoint presentation on this project, which is also known as Parc
Central. A copy of this presentation is attached to the minutes on file in the City Clerk's office.
Mr. Terry declared the site plan had been designed to be inward looking to enhance
compatibility with the surrounding uses. A significant fountain feature is placed at the entrance.
The site would be pedestrian friendly, gated, and have buffering around the entire property. In
addition to the clubhouse and recreation center, there is a tot lot and cabana with a pool and
spa. They were not proposing any walls on the Lawrence Road side.
Almost 4 acres of the 9.35-acre parcel was dedicated to open space, which was located on each
end of the site. A pedestrian corridor runs through the center of the development and also
between each row of units. The proposed townhouses would be fee simple and not
condominiums. The residents would own a lot as well as a town home. The site plan allows 80
feet of separation from the neighborhoods, much more than would be possible with single-
family homes.
The applicant believed Nautica Sound had actually been built out at 6.8 dujacre.
Mr. Terry displayed the architectural elevations for the project. During the Board discussion
following this presentation, many Board members commented on the attractive appearance of
the project.
7
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
March 28, 2006
Chair Wische asked whether the applicant agreed with the 48 Conditions of Approval. Mr.
Weiner indicated they agreed to all conditions.
Mr. Weiner addressed the eight criteria for approval as listed in the Land Development
Regulations.
1. Consistency with Comorehensive Plan - The project location was unique since it had
residential on three sides and commercial on another, which limited development potential for
single-family homes. Requiring single-family homes on this site would go against Objectives
1.19 and 1.17. Juxtaposing single family to commercial made no sense.
2. Consistency with Established Land Use Pattern - Grouping the buildings in the center of
the project created as much distance as possible from the obnoxious uses to the north and the
surrounding single-family residential communities. Single-family homes would be much closer to
the neighbors.
3. Changed Conditions - The changed condition was the intense commercial, automotive,
development to the north of the proposed project, negating the advisory in the Comprehensive
Plan calling for a Low Density Residential land use and single-family homes for this area. The
City's Code requires it to recognize changed conditions.
4. Concurrency and Annexation - There was agreement between Staff and the developer
that concurrency had been met and annexation could be supported.
5. Comoatibility with Adjacent Prooerties - Precedence - The proposed use provided a
traditional step-down in intensity to the adjoining intense commercial use. Approving this
project would not set a precedent. There was a project on Federal Highway and Gulfstream
Boulevard on which the City had ignored an advisory in the Comprehensive Plan due to
changed circumstances in the area.
6. Economicallv Developable under Existing Zoning - The existing zoning is AR, which could
be one house on five acres or a farm. The site was not economically developable under those
conditions. Other County programs would allow them 15-20% more density, but the intent was
to be in the City and have a PUD.
7. Needs of the Neighborhood - Market Demand - Staff agreed housing was critical to the
City and that meant the project would meet the reasonable needs of the neighborhood. If
forced to do single-family housing, the housing would cost more than the mean average in Palm
Beach County of $420K and that was not realistic for this site in today's market. Boynton Beach
needs homes in the median range.
8. Adequate Sites Elsewhere - Alternate Locations - The Staff Report indicated the only
other suitable sites would be on Federal Highway. This was one of the few adequate sites in
this quadrant for this kind of project.
The developer initiated discussions with the neighbors early in the planning stages. To relieve
their concerns, the project would have tiers of landscaping that would be mature at planting.
8
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
March 28, 2006
There would also be the highest possible berms allowed by Code and the topography. They did
not plan to place walls on the FPL easement.
In summary, the developer believed the project met the criteria against which it was reviewed
and that the project was the best possible solution for this site.
Chair Wische opened the floor for the public to speak.
Carol Fink, 3813 Jonathan's Way in Jonathan's Grove, lives in property that backs up to
the proposed property. Ms. Fink was not against the project, but objected to the increase in
traffic 90 new units would add to the roads, especially at peak times. According to the Palm
Beach County Traffic Department, the road could not be widened any further. The Traffic
Department advised a developer's request to "break through" a median on Lawrence Road had
been denied since there was already too much traffic on Lawrence Road.
Ms. Fink contended the Jonathan's Grove wall would be opposite a high berm on the proposed
site, creating an alleyway where undesirable activities could take place at night. The easement
was also for the existing paved road that would be relocated inside the proposed project
boundaries, to become part of its entrance. She suggested moving the wall out to their property
line.
Jerry Dozer, a resident of Lot No.6 in Jonathan's Grove, would agree to the project with
less density, even if it were more expensive. Mr. Dozer believed it would be impossible to
accommodate the increase in traffic the project would bring. He remarked the people living next
to the FPL easement paid taxes on it although they did not have access to it. He was sure the
engineers had looked at flood control issues, but noted engineering designs did not always work
as planned and this was an area of concern.
Lisa Crandall, 1088 Fairfax Circle West, lives in Lawrence Grove, one quarter mile to the
south of the proposed project and was in favor of the project. She lives in a single-family
detached community and to get to any of her common grounds, it was necessary to walk in the
middle of the road, including children running to the pool and playground. What she most liked
about the concept of the proposed project was that the entire roadway was on the perimeter of
the property. Not only would children be safe going to and from the play areas, adults would
not have to fight traffic to get to their common areas. It would be positive for people with
children in schools.
Chair Wische closed the floor for public comment when no one else came forward to speak.
Eric Johnson added several people had come into the Planning and Zoning Department, but had
not expressed any objection or approval for the project. However, a letter had been received
from Jennifer Humphrey at 7067 Chesapeake Circle, Nautica Sound, objecting to the
density of the project and indicating she planned to bring a signed petition from her neighbors
to the City Commission meeting.
Mr. Weiner responded the developer understood the concerns of the neighbors. They realized
single-family homes were being built, but not behind carwashes, a 7-11 store, and a tire repair
shop, which made the project unique. He commented in the Nautica project, the homes
9
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
March 28, 2006
bordering the lakes had the highest values and the homes bordering the commercial properties
had the lowest values.
Adjusting the timing of traffic lights could often relieve traffic congestion. The project had been
reviewed by the Traffic Department and it met all traffic concurrency requirements. The project
would be unsafe with single-family detached homes. They purposely had a roundabout so the
traffic stacking was far greater than anything to be seen in a single-family development. Also,
there would be right turns in and right turns out and no ability to cross the median in the
middle of the road. If the neighborhood is concerned about safety, a PUD is the way to go.
In reference to a comment regarding the maximum density, the County would allow higher
density, but they wanted to be in a PUD because it fit the transition and took the buildings off
the property and lot lines.
Mr. Weiner encouraged the neighbors speak with FPL about their concerns regarding the
easement. The developer was not going to change anything related to the easement. The
berm was not eight feet high, but probably closer to 18-24 inches high.
Even if the density were decreased, roads like Hypoluxo and Lawrence experienced
approximately 20K trips a day and a single family house contributes about four trips a day.
Taking twenty units out of the project would create an infinitesimal difference in conditions and
mean an even more expensive house.
Mr. Weiner urged the Board to recommend approval of the requests.
Board Comments
Mr. Cwynar mentioned 3.5 acres of the parcel were devoted to recreation, leaving about 5.81
acres on which to place 90 dwelling units, which translated to 15 du/acre. Mr. Weiner
responded if the net number were used, their neighbor's numbers would double and triple also.
Mr. Cwynar's felt making a sharp, 90 degree turn into the garages would be challenging. He
questioned whether there would be enough parking for friends and grandparents.
Mr. Terry responded an additional twelve parallel spaces were located along the north side of
the site. The people on the south side would be served by spaces located at each end of the
project. According to the criteria, they met parking regulations and were over parked by 11
spaces.
Ms. Grcevic appreciated the project's appearance and could accept it, but the increased traffic
was a serious issue. An adult pedestrian was killed a year ago coming out of Nautica Sound. It
was practically impossible to get to the school in the morning.
Diana Johnson thought the project was beautiful, but did not believe more density was needed
on the north end of town. She was pleased to hear Staff say the project was too dense,
something she had not heard from this Board or the CRA in some time. She also did not agree
with dumping 200 additional cars twice a day onto the surrounding roads.
10
MeEinu lV1inutes
PI;mning and Development Board
Bo"tcn Beach, Florida
March 28, 2006
Mr. Casame congratulated the architects and designers for producing one of the best-looking
projects he had seen. He agreed with his colleagues on the traffic problem; however, he
believed traffic congestion was widespread in Boynton Beach and would probably continue until
someone devised a pattern to address the way the traffic flowed. He believed some project
would go here and this was nicer looking and better organized than some. If he were going to
be against density, he would have to be against a great deal of density that had already been
brought into Boynton Beach. He felt it represented progress.
Mr. Saberson believed the voice of the citizens who specifically looked at this area and
determined how they wanted to see it developed should be respected. Whether or not that
advisory was legally binding, it constituted a compact with the citizens of the area that this
Board should not lightly recommend be overturned. Mr. Saberson also contended the Board
had to do all in its power to protect single-family uses in the City. Considering the density of the
proposed plan, he would support Staff's recommendation for denial.
Mr. Baldwin recalled when the neighbors of the Serrano development fought for single-family
homes, instead of 97 multi-family units, the developer built 47 single-family homes. He would
prefer to see single-family at this location. He congratulated the developers for a beautiful, well
thought out project.
Motion
Mr. Saberson moved to support Staff's recommendation of denial on annexation of the
Lawrence Road Property, also known as Parc Central. Mr. Baldwin seconded the motion.
The Recording Secretary conducted a roll call vote. The motion to deny annexation passed 4-3,
Chair Wische, Mr. Cwynar, and Mr. Casaine dissenting.
Motion
Mr. Saberson moved if annexed by the City, the Parc Central property be annexed at the Low
Density Residential land use category with a maximum density of 4.84 units per acre. Ms.
Johnson seconded the motion.
The Recording Secretary conducted a roll call vote. The motion to deny the applicant's request
for the Medium Density Residential land use classification passed 4-3, Chair Wische, Mr.
Cwynar, and Mr. Casaine dissenting.
Motion
Mr. Saberson moved in favor of Staff's recommendation for denial on the Parc Central site plan.
Ms. Johnson seconded the motion to deny that passed 4-3, Chair Wische, Mr. Cwynar, and Mr.
Casaine dissenting.
The Board recessed from 8: 11 p.m. and reconvened at 8:25 p.m.
B. Conditional Use
1.
Project:
Quantum Park & Village South Commercial
COUS 06-003)
Eugene Gerlica
Agent:
11
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORivl
VIII.-PUBLIC HEARING
ITEM C.
Requested City Commission
Meeting Dates
Date Final FOnTI Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final FOnTI Must be Turned
in to City Clerk's Office
0 April 4, 2006
I2J April 18, 2006
0 May 2, 2006
0 May 16,2006
March 20, 2006 (Noon.)
o June 6, 2006
o
o
o
May 15, 2006 (Noon)
-' -.-,
-.,:,
April 3,2006 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
I2J Public Hearing
o Bids
o Announcement
o City Manager's Report
June 20, 2006 June 5, 2006 (Noon) -
......-,J
July 5, 2006 June 19,2006 (Noon) r"''''.J
-~~()
-~.'.,
July 18, 2006 July 3, 2006 (Noon) .-
-
"
0 Development Plans
0 New Business
0 Legal
0 Unfinished Business
0 Presentation
... ;.._L
April 17, 2006 (Noon)
May 1,2006 (Noon)
..iC::
---- :;-~
---. ..'~
i ::-)
RECOMMENDATION: Please place this request on the April 18, 2006 City Commission Agenda under Public
Hearing. The Planning and Development Board recommended that the subject request be approved on March 28, 2006,
subject to all staff comments, with the modification of comment #37 to attach the time constraint to only the 5-story
residential component, and elimination of comment #51. For further details pertaining to the request, see attached
Department Memorandum No. 06-058.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Quantum Park & Village South Commercial (COUS 06-003)
Eugene Gerlica
Quantum Park & Village, LLC
Southwest comer of Gateway Boulevard and High Ridge Road
Request for a Conditional use / major technical site plan modification approval to construct a total
of 129 dwelling units, distributed amongst a five (5)-story condominium building (at
approximately 65 feet in height), three (3) mixed-use buildings, and a two (2)-story apartment
building. The project also proposes 18,768 square feet of office, 23,262 square feet of retail, and
39,722 square feet of restaurant on a 14.265-acre parcel on a Mixed-Use (MU) pod in the Planned
Industrial Development (PID) zoning district.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~e
/
nt Depa
7- tJL~
Planning and 20' Director City Attorney 1 Finance 1 Human Resources
S:IPlanningISHARED\WPIPROJECTSIQuantum Park & Village\SBMP 02-001 southlCOUS 06-003IAgenda Item Request Quantum Pk & Village S.
Comm CO US 06-003 4-18-06.dot
S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-057
Chair and Members
Planning & Development Board
Mike Rumpf
Director of Planning & Zoning
Eric Lee Johnson, AICP
Planner
r
March 22, 2006
Quantum Park & Village South Commercial / COUS 06-003
Conditional use / major technical site plan modification approval to
construct a total of 129 dwelling units, distributed amongst a five (5)-story
condominium building (at approximately 65 feet in height), three (3)
mixed-use buildings, and a two (2)-story apartment building. The project
also proposes 18,768 square feet of office, 23,262 square feet of retail,
and 39,722 square feet of restaurant on a 14.265-acre parcel on a Mixed-
Use (MU) pod in the Planned Industrial Development (PID) zoning district.
Property Owner:
Applicant:
Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Uses:
Acreage:
PROJECT DESCRIPTION
Quantum Park & Village, LLC
Mr. Eugene A. Gerlica, P.E.
Mr. Eugene A. Gerlica, P.E.
Generally located approximately 165 feet west of the southwest corner of
Gateway Boulevard and High Ridge Road (see Location Map - Exhibit "AfT)
Industrial with a Mixed Use (MU) designation on the Quantum Park Master
Plan
Planned Industrial Development (PID)
129 multi-family dwelling units
18,768 square feet of office
23,262 square feet of retail
39,722 square feet of restaurant
14.265 (621,396 square feet) portion of the 26.17-acre mixed-use master
plan
Quantum Park & Village South Commercial COUS 06-003
Page 2
Memorandum No. PZ 06-057
Adjacent Uses:
North:
Right-of-way for Gateway Boulevard and farther north is vacant Quantum
Lots 83 - 85, zoned Planned Industrial Development (PID);
South:
Quantum Park developed Lots 62, 66, 67-A, 67-B, and 67-C, zoned PID, the
Sand Pine Preserve and right-of-way for Quantum Lane;
East:
Right-of-way for High Ridge Road and farther east are vacant Quantum Lots
81 & 82, zoned PID; and
West:
Quantum Park Water Management Tract "Q"
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.
BACKGROUND
On September 3, 2002, a master site plan was approved for 234 rental apartments and 132,032 square
feet of commercial on 26.17 acres. This master site plan is known as Quantum Park & Village South
(SBMP 02-001). Master site plan approval is valid indefinitely per Chapter 2, Section 7.P.9 of the Land
Development Regulations. The master site plan was also approved with six (6) waivers. These waivers
are itemized on the accompanying master site plan tabular data.
The Quantum Park & Village South master site plan is comprised of two (2) technical site plans, namely
Quantum Park & Village South Residential (NWSP 02-022) and Quantum Park & Village South
Commercial (NWSP 03-004). Technical site plans on mixed use Pods within Planned Industrial
Developments do not require City Commission review and approval, provided that they are found to be
consistent with the master site plan. The "residential" component of the master site plan was developed
as the third phase of the Villas at Quantum Lakes project. The "commercial" technical site plan for
Quantum Park & Village South (NWSP 03-004) was approved with six (6) buildings totaling 119,185
square feet of commercial area. Both the "residential" (NWSP 02-022) and "commercial" (NWSP 03-004)
technical site plans were found to be consistent with the master site plan (SBMP 02-001), and were
therefore approved administratively by staff. However, no permits were ever secured for the
"commercial" technical site plan.
On July 19, 2005, the 14.265-acre site "commercial" technical site plan was approved for a major
modification (MSPM 05-003) that proposed less commercial area in favor of constructing residential
dwelling units. The major site plan modification was approved for 71,708 square feet of commercial
space, several mixed-use buildings, a two (2)-story apartment building, and a four (4)-story
condominium building. A master site plan modification (MPMD 05-008) was simultaneously reviewed
and approved for the conversion of commercial space to additional dwelling units. Meanwhile, the
developer subsequently submitted a request for code review (CDRV 05-006) to change the Land
Development Regulations regarding the maximum height allowed for buildings that are located on mixed
Quantum Park & Village South Commercial COUS 06-003
Page 3
Memorandum No. PZ 06-057
use Pods in Quantum Park. On July 5, 2005, pursuant to Ordinance 05-023, buildings on mixed use
Pods are allowed to be up to five (5)-stories tall and 75 feet in height, but only as conditional uses.
At this time, the applicant is again seeking to modify the "commercial" technical site plan in order to add
a fifth floor to the condominium building. This would result in a structure height of approximately 65
feet. Basically, the buildings and parking areas are depicted in the same configuration as the previously
approved site plan, except that a fifth floor is proposed to be added to the condominium building and
the commercial square footage is allocated specifically for office, retail, and restaurant uses. However,
these additional dwelling units represent a significant change to the "commercial" technical site plan and
likewise, to the approved master site plan. Therefore, approval of this conditional use request is
contingent upon the approval of the accompanying request for master site plan modification approval
(see Exhibit "c" - Conditions of Approval). It should be noted that the proposed changes to the
"commercial" portion of the master site plan do not impact any of the approved waivers.
CONCURRENCY
A surface water management system has served the Quantum Community Development District since
1989. The District has legal positive outfall to the Lake Worth Drainage District's E-4 Canal. The
stormwater runoff is discharged via an existing control structure. The proposed volume and rate of the
discharge would be controlled pursuant to the applicable permits. The subject property would connect
to the existing District system. The Engineering Division of Public Works reviewed the drainage plans to
ensure compliance with all applicable codes and regulations regarding legal positive outfall. The
conceptual plans submitted herein, are acceptable to the Engineering Division but as per staff policy, a
more detailed version would be required at the time of permitting (see Exhibit "c" - Conditions of
Approval).
The master site plan's original traffic impact study was approved by the Traffic Division of Palm Beach
County on June 28, 2002. The master site plan was approved for 234 multi-family dwelling units,
82,260 square feet of general retail, and 32,010 square feet of office. A revised study approved on
August 19, 2002 included 136 multi-family dwelling units and 102,235 square feet of general retail. In
February of 2005, Ordinance 05-013 for Development of Regional Impact (DRIA 05-001) was approved
by the City Commission to increase the maximum number of dwelling units allowable with Mixed Use
Pods (within the entire Quantum Park DR!) from 1,000 units to 1,105 units. These additional units were
earmarked, in part, for the previous master site plan modification approval (MSPM 05-003). As such, a
traffic impact statement prepared by Pinder Troutman Consulting, Inc. was submitted in conjunction
with this conditional use request. On February 3, 2006, staff has received confirmation from the Traffic
Division of Palm Beach County that the proposed project is part of the previously approved Quantum
DRI, and therefore, meets the Traffic Performance Standards of Palm Beach County. However, the
allocation of commercial square footage changed between the office, retail, and restaurant uses since
when the County reviewed the impact statement. Also, an exclusive east-bound right-turn lane onto the
project's main access driveway on Gateway Boulevard would have to be provided and no building
permits are to be issued after the build-out date of 2007. Therefore, an updated Traffic Performance
Standards review letter will be required at the time of permitting (see Exhibit "c" - Conditions of
Approval).
The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water
per day from Palm Beach County Utilities, would meet the projected potable water for this project
(project estimated to require a total of 85,000 gallons per day). Local piping and infrastructure
Quantum Park & Village South Commercial COUS 06-003
Page 4
Memorandum No. PZ 06-057
improvements may be required, especially on the water delivery system for the project, depending 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 projected total of 39,000
gallons per day, subject to the applicant making a firm reservation of capacity, following approval of the
site plan (see Exhibit "C" - Conditions of Approval).
Fire staff reviewed the site plan and determined that the Fire Department expects to be able to maintain
an adequate level of service for the subject project, with current or anticipated staffing. Infrastructure
requirements such as hydrants and roadways will be addressed during plan reviews and permitting. It
must be noted however, that the project is in an area with significant growth in the past year. The Fire
Department supports this project with the understanding that Fire Station No.5 will be available when
these structures are ready for occupancy. The Police Department notes that the proposed project would
have not have a negative impact on department operations.
STANDARDS FOR EVALUATING CONDmONAL USES AND ANALYSIS
Section 11.2.D of the Land Development Regulations contains the following standards to which
conditional uses are required to conform. Following each of these standards is the Planning and Zoning
Division's evaluation of the application as it pertains to each of the standards.
The Planning & Development Board and City Commission shall consider only such conditional uses as are
authorized under the terms of these zoning regulations and, in connection therewith, may grant
conditional uses absolutely or conditioned upon the conditions including, but not limited to, the
dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined
necessary for the protection of the surrounding area and the citizens' general welfare, or deny
conditional uses when not in harmony with the intent and purpose of this section. In evaluating an
application for conditional use approval, the Board and Commission shall consider the effect of the
proposed use on the general health, safety and welfare of the community and make written findings
certifying that satisfactory provisions have been made concerning the following standards, where
applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and access
in case of fire or catastrophe.
The site plan (sheet SP-1) shows the proposed layout of the projects drive aisles and parking areas.
The development fronts on Gateway Boulevard and would have three (3) access points along that
roadway. All access points would aI/ow for ingress and egress. The westernmost entrance would
have two (2) lanes for ingress and one (1) for egress, separated by an eight (8) foot landscaped
median. The egress lane would only aI/ow for right-turn (eastbound) traffic movements onto
Gateway Boulevard. The center (main) entrance would have two (2) lanes for ingress and two (2)
lanes for egress. The ingress and egress lanes would be separated by a 12-foot landscaped median.
The egress lane would aI/ow for left-turn (westbound), straight (north into Quantum Park & ViI/age
North), and right-turn (eastbound) traffic movements onto Gateway Boulevard The easternmost
entrance would have one (1) lane for ingress and one (1) lane for egress, separated by a landscape
median that varies in width (from eight (8) feet to 21 feet). The egress lane would aI/ow for right-
turn (eastbound) traffic movements onto Gateway Boulevard. It should be noted that an entrance is
Quantum Park & Village South Commercial COUS 06-003
Page 5
Memorandum No. PZ 06-057
proposed on High Ridge Road. This entrance will have one lane each for ingress and egress. These
entrances are generally consistent with the Quantum Park DRI Master Plan locations.
There site plan proposes several internal vehicular and pedestrian connections between the subject
property and the existing "residential" portion of the Quantum Park & Village South master site plan.
All drive aisles would conform to Engineering standards.
2. Off-street parking and loading areas where required, with particular attention to the items in
subsection above, and the economic, glare, noise, and odor effects the conditional use will have on
adjacent and nearby properties, and the city as a whole.
Normally, the required parking for commercial/retail uses are based on the following methodology:
one (1) parking space per 200 square feet of gross floor area. Office uses generally require one (1)
parking space per 300 square feet However, the Quantum Park and Village South master site plan
was approved with a parking waiver for commercial (office, retail, and restaurant) uses that require
one (1) parking space per 225 square feet of building area. The site plan proposes 18,768 square
feet of office, 23,262 square feet of retail, 39,722 square feet of restaurant, and 129 dwelling units.
Therefore, utilizing the Urban Land Institute (UU) shared parking table; the project requires a total
of 541 parking spaces. The site plan tabular data indicates that 615 parking spaces would be
provided, or an excess of 74 parking spaces. However, when counted, it appears that the plan
would provide a total of 616 parking spaces or an excess of 75 spaces. At the time of permitting,
the site plan tabular data would have to be revised in order to indicate the correct number of spaces
provided (see Exhibit "C" - Conditions of Approval).
The five (5)-story condominium building, proposed along the west property line would contain 78
units and therefore, require 156 spaces. The adjacent three (3)-story parking garage would provide
a total of 217 parking spaces, or an excess of 61 spaces. The three (3) mixed-use buildings are
proposed along the project's south property line. The buildings would consist of 11 units each and
therefore, (the residential component of the mixed-use buildings) would require 65 parking spaces.
The site plan shows that 90-degree parking stalls are proposed along the entire south property line.
These stalls would be used exclusively for the residents who would reside within these mixed-use
buildings. The site plan would provide a total of 77 spaces or an excess of 12 spaces for the mixed-
use buildings. It should be noted that a two (2)-story apartment building is proposed at the
southeast corner of the property. The plans show that it would have a mix of one (1) and two (2)-
bedroom units (for a total of 18 dwelling units). As such, the building would require 31 parking
spaces. The plan would provide eight (8) garage spaces, four (4) tandem driveway spaces, and 10
surface parking spaces, for a total of 22 spaces. The deficit in parking (for this building) would draw
from the 12 excess spaces provided near the mixed-use buildings. Staff found this "shared" parking
to be acceptable due to the close proximity of the excess parking from the mixed-use buildings.
Staff does not anticipate a parking shortage for the rental units. The retail/restaurant buildings
proposed along Gateway Boulevard and the commercial component of the aforementioned mixed-
use buildings would share the interior parking lot. The proposed commercial/offices uses would
require 289 parking spaces. The site plan proposes 300 parking spaces. Again, staff does not
anticipate a future parking problem. The site plan complies with code and no variances or waivers
are required.
Quantum Park & Village South Commercial COUS 06-003
Page 6
Memorandum No. PZ 06-057
3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above.
The site plan shows the proposed location of the dumpster enclosures and loading zones. The trash
trucks would have enough space to maneuver around to pick up the containers because of the wide
back up areas that are proposed. Staff reviewed the plans and determined that the number,
location and orientation of the enclosures and the pick-up area are adequate for efficient removal of
trash.
4. Utilities, with reference to locations, availability, and compatibility.
At the time of permitting, the applicant would be required to submit a timeline that clearly illustrates
when water and sewer services would be needed. The commencement date should start at the date
of City Commission approval. Also, the applicant would be required to provide milestone dates
regarding permit application, the start of construction, and the setting of the first water meter.
Utilities staff would use this timeline to determine the adequacy of water and wastewater treatment
capacity upon the projects completion (see Exhibit "c" - Conditions of Approval). The applicant
states that ''all utilities are unaffected by the addition of a fifth floor to the condominium with the
possible exception of the potable water supply for use and fire protection on the fifth floor. The
building mechanical systems include a fire pump to supply potable water to each floor of the
building'~ The Construction Phase Key plan shows the project would be allocated into eight (8)
phases.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
The tree relocation plan (sheet T-l) indicates that site currently contains a variety of native and
exotic trees. The existing trees include the following species: Mahogany, Live Oak, Sabal palm,
Queen palm, Washington palm, Black Olive, Pink Tabebuia, Pond Apple, Red Maple, Cypress, Sea
Grape, Wax Myrtle, and Ficus. The proposed development of the site would require certain trees
(depending upon their current location, health, and species) to be retained, moved elsewhere on-
site, or totally removed. Basically, 42 trees would remain in their current location while 84 would be
relocated elsewhere on-site. A total of 54 trees would ultimately be removed. This process of tree
removal/relocation would be overseen by the City Forester / Environmentalist during the time of
permitting.
According to the landscape plan, the commercial component of the master site plan would have eight
(8) different categories of trees. The tree categories are as follows: Accent palm, Accent tree,
Buffer tree, Rowering tree, Palm, Parking lot tree, Shade tree, and Specimen palm. The landscape
buffer along Gateway Boulevard would receive a majority of the relocated Oak trees. According to
Chapter 7.5 of the Land Development Regulations, the maximum tree spacing along rights-ot-way is
30 feet. The distance between the trees in the proposed site plan would vary between 20 feet and
40 feet. Therefore, staff recommends incorporating a cluster of three (3) native palm trees into the
design of the landscape buffer (along Gateway Boulevard) where the distance between trees would
be greater than 30 feet apart (see Exhibit "c" - Conditions of Approval).
Foundation landscaping would occur around the front and sides of each building in order to enhance
the visual appearance of the building and to promote privacy in accordance with Chapter 7.5, Article
II, Section 5.L. of the Land Development Regulations. As part of a staff recommendation for the
Quantum Park & Village South Commercial COUS 06-003
Page 7
Memorandum No. PZ 06-057
previously approved plan, the landscape plan now proposes Indian Hawthorne along the front
(north) side of the mixed-use buildings.
The landscape plan shows the detail of the proposed landscaping around the three (3)-story parking
garage. The Berm Cross Section (Garage) shows that palm trees and the relocated oak trees are
proposed on the east side of the garage. The berm would be 20 feet in width, six (6) feet in height,
and generally occur on the "residentiar component of the Quantum Park and Village South master
site plan. The berm detail shows that the canopy trees would be between 12 feet and 20 feet in
height. The height of these trees are adequate and therefore, the plan meets the intent of the Land
Development Regulations in terms of screening and buffering. The applicant states that "the
building landscaping has been enhanced along Gateway Boulevard and the north elevation of the
condominium building and has been enhanced architecturally to mitigate the additional building
height and the visibility from Gateway Boulevard'~
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
The applicant submitted photometric plans with this modification. Similar to the photometric plan
approved in 2005, the revised plan shows that the lighting levels (foot candle spot readings) would
be lower in the areas to the rear (south) of the mixed-use buildings and greater in the areas in front
(north) of the mixed-use buildings (within the interior parking lot). The subject request for
conditional use approval is primarily to add a fifth floor to the condominium building. The request
doesn't necessarily impact the site lighting per se, but the submitted photometric plans have in fact,
been indirectly modified since when the plan was originally approved. The original plan proposed
two (2) variations of the Sternberg "Boston 5800" light poles as its freestanding outdoor lighting
fixtures. The actual light on top of the pole was the Sternbergs decorative model (Ripon-A). The
14-foot poles were proposed south of the mixed-use buildings, near the residential areas, and the
18-foot tall poles were proposed within the interior parking lot north of the mixed-use buildings.
Wall sconces were also proposed throughout the development. With this submittal however, four (4)
types of lighting poles by Era Acorn would be used instead of the two (2) Sternberg poles. Staff
understands that the Era Acorn poles would vary in height, from 12 feet to 25 feet. Understandably,
the larger poles would be placed within the interior (commercial) parking lot north of the mixed-use
buildings. Staff determined that the lighting levels meet code and any glare from rights-of-way and
adjacent properties would be minimal. However, staff recommends that the lighting levels proposed
within the interior parking lot should be reduced to lower foot candles levels in order to be more
compatible with residential uses (see Exhibit "C" - Condition of Approval).
The front (north) elevations of the retail buildings and mixed-use buildings show the location of the
proposed tenant signs. However, they do not indicate their size, material, or color(s). Staff cannot
determine whether or not these signs meet code. Therefore, staff recommends that the applicant
submit a sign program during the time of permitting. The sign program would apply to the entire
development (see Exhibit "c" - Conditions of Approval). A sign program ensures both material and
. aesthetic consistency for the projects signage.
A detail of a typical project development sign is shown on sheet A-51. It shows that it would be a
monument-style sign but the detail does not indicate the sign type, color(s), or materials used.
Again, the project development sign would be component of the sign program. The site plan shows
that they are proposed at only one (1) entrance. It is likely that in the future, the applicant would
Quantum Park & Village South Commercial COUS 06-003
Page 8
Memorandum No. PZ 06-057
subsequently request additional monument signs as part of their sign program. Regardless, the
structures would have to be at least 10 feet from the property line with colorful groundcover plants
installed at their base. They would require Quantum Park Architectural Review Committee review
and approval (see Exhibit "C" - Conditions of Approval).
7. Required setbacks and other open spaces.
The site plan tabular data indicates that the project would provide for 3.6 acres (25.22%) of open
space. This would be 0.659 acres less than the previously approved plan. The five (5)-story
condominium building would be 65 feet in height with an accessory parking garage proposed at
three (3)-stories. Originally, the condominium building was approved with a setback of 40 feet from
the west property line. However, the plans have been revised and they now show the building
would be setback 26 feet - eight (8) inches from the west property line. This reduction in setback is
approximately 13 feet less than the previous approval. The south setback of the condominium
building remains the same at 15 feet The building would be setback 42 feet - nine (9) inches from
the north property line (along Gateway Boulevard). It should be noted that the height setback
envelope of the PID does not apply to this particular property because the subject property does not
directly abut an existing developed single-family residential zoning district outside the PID.
The parking garage is proposed with a setback of five (5) feet - four (4) inches from the south
property line. This represents a difference of one (1) inch from the previously approved plan.
However, it should be noted that a waiver was granted with the original approval of the Master Site
Plan in 2002, which allowed a zero (0) side setback rather than the required 30 feet. Parking spaces
are also proposed on the roof of the parking garage and parked vehicles would be screened by the
parapet wall.
The plan also proposes nine (9) retail buildings. Their setback from the north property line would
vary from 15 feet to 39 feet -11 inches. Again, a waiver was granted with the original approval of
the master site plan which allowed a 15-foot front building setback rather than the required 30-foot
setback. The easternmost retail building would be setback 22 feet - five (5) inches from the east
property line.
The plans propose three (3) mixed-use buildings (commercial/residential) and a two (2)-story
apartment building. The front doors for the commercial space (within the mixed-use buildings)
would occur on the north facade while the entrances to the dwelling units would occur on the
opposite farade (south elevation). The previously approved plans showed the mixed-use buildings
were setback 64 feet from the south property line. Now, the plan indicate that they would be would
be setback 64 feet - 10 inches from the south property line, a difference of 10 inches. The two (2)-
story apartment building would be setback 61 feet from the south property line, 42 feet - seven (7)
inches from the east property line, and 28 feet - six (6) inches from the north property line, abutting
the Mobil gas station. It was originally approved with a setback of 38 feet - two (2) inches from the
east property line and 26 feet from the north property line. All buildings would comply with the
setbacks (via waivers) approved with the Master Site Plan.
Quantum Park & Village South Commercial COUS 06-003
Page 9
Memorandum No. PZ 06-057
8. General compatibility with adjacent property and other property in the zoning district.
The proposed mixed-use and commercial buildings are an appropriate use for the subject site. The
project is compatible with the adjacent properties and other properties within the zoning district.
The applicant asserts that "the additional fifth story (to the condominium building) has been well
integrated into the Quantum Park & Village South project. The compatibility standard for this
conditional use request is a non-issue'~ Staff concurs.
9. Height of building and structures, with reference to compatibility and harmony to adjacent and
nearby properties, and the city as a whole.
No building or appurtenances within the PID zoning district shall exceed 45 feet in height, with the
exception of buildings in a Mixed Use Pod pursuant to Section 7.P.1.e.1 of the Land Development
Regulations. The maximum building height within a Mixed Use Pod shall not be greater than 75 feet.
Any building exceeding 45 feet shall be processed as a conditional use. The condominium building
was previously approved as a four (4)-story structure at 45 feet in height. However, this plan
proposes to add a fifth floor, resulting in an overall building height of approximately 65 feet. This
20-foot increase in building height is the subject of this request for conditional use approval. As
previously mentioned, on July 5, 2005, the City Commission approved a change in the zoning code
(CDRV 05-006) that related to the maximum height aI/owed for buildings located on mixed use Pods
in Quantum Park. As justification for the request for additional height, the applicant (for the code
review) stated 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 the code review, staff knew of the applicants intent to add
another floor to the four (4)-story condominium building. At the time of the code review, staff
analyzed the subject parcel and determined that it would be acceptable to have a building that
exceeded 45 feet in height. Therefore, the proposed site plan reaffirms staffs prior analysis that the
requested height of 65 feet would not impact the subject property or surrounding properties. As
previously mentioned, the height setback envelope of the PID would not apply to this parcel because
it is not adjacent to any existing developed single-family residential zoning district outside the PID.
The top of the decorative feature proposed on the three (3 )-story parking garage would be 36 feet -
six (6) inches in height at the highest point. The parking spaces are proposed on the roof of the
parking garage. Parked vehicles would be screened by the parapet wall. The retail buildings would
be one (1) story ta/~ with its decorative features proposed at 39 feet - five (5) inches in height at
the highest point. The three (3) mixed-use buildings would be two (2) stories ta/~ at 36 feet - 11
inches in height at its highest point. Lastly, a two (2) story apartment building is proposed at 29 feet
- four (4) inches in height at its highest point. All buildings would comply with the maximum height
allowed in the PID zoning district.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
The proposed fifth floor to the four (4)-story condominium building would bring additional units and
therefore, increase the Citys taxbase. The applicant states that "this conditional use request has a
minimal economic effect to the City as a whole. However, an economic effect does occur, most
noticeably within Quantum Park through the additional fifth floor luxury condominiums. The
economic effect is a positive effect to the City and to Quantum Park'~ Staff concurs.
Quantum Park & Village South Commercial COUS 06-003
Page 10
Memorandum No. PZ 06-057
11. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter
19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review).
With incorporation of staff comments, the proposed project would comply with all requirements of
applicable sections of city code.
12. Compliance with, and abatement of nuisances and hazards in accordance with the performance
standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to
the City of Boynton Beach noise Control Ordinance.
With incorporation of all conditions and staff recommendations contained herein, the proposed
buildings would exist in a manner that is in compliance with the above-referenced codes and
ordinances of the City of Boynton Beach. The project would not create smoke, odors, fumes, or
toxic matter that would negatively impact the neighboring properties. It would be atypical for
residential developments to violate the City's performance standards.
RECOMMENDATION
Based on the discussions contained herein, compliance with development regulations, and consistency
with the Comprehensive Plan, staff recommends that this request for conditional use be approved
subject to satisfying all conditions of approval as contained in Exhibit "c" - Conditions of Approval.
Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set
within which the proposed project is to be developed. Staff recommends that a period of one (1) year
be allowed to initiate this project.
S:\PIannlng\SHARED\Wp\PROJECTS\Quanlum Park &. ViIlage\SBMP 02-001 south\COUS 06-003\Staff Report.doc
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, S
EXHIBIT "C"
Conditions of Approval
Project name: Quantum Park & Village South
File number: COUS 06-003
Reference: 2nd review plans identified as a Maior Site Plan Modification! Conditional Use with a March 7,
2006 Planning and Zoning date stamp marking
,
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments:
1. At the time of permitting, revise the plans to extend pavement to enclosure X
location.
PUBLIC WORKS - Traffic
Comments: None X
ENGINEERING DIVISION
--
Comments:
2. Revise and provide a SFWMD permit which includes the added impervious X
area(s).
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. 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.
7. Water and sewer lines to be owned and operated by the City shall be included X
COA
03/24/06
2
DEPARTMENTS INCLUDE REJECT
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).
8. This office will not require surety for installation of the water and sewer X
utilities, on conditions that the systems be fully completed, and given to the
City Utilities Department before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy.
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 depicted easements for the sanitary sewer system are not wide enough for X
the depth of the manholes. Assume the width of the easement to be two times
the depth of the manhole (a 12-ft. deep manhole would have a 24-ft. wide
easement. ) Evaluate the width for all easements to minimize the number of
changes in easement width. For shared easements provide a minimum of 6-ft.
on the outside of the water line side.
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) and will be
reviewed at the time of construction permit application.
FIRE
Comments:
12. Provide the fire hydrant layout for this project with the hydrants clearly X
shown. Show all water supply lines for fire protection and hydraulic
calculations.
13. No part of any building shall be more than 200 feet from a fire hydrant. X
14. Water supply must be verified. Gallon adjustments must be made if there is X
insufficient pressure.
15. A maximum 400-foot road travel allowed between fire hydrants. X
16. All buildings are required to have an approved NFP A 13 or 13D fire sprinkler X
system.
POLICE
COA
03/24/06
3
, II
DEPARTMENTS INCLUDE REJECT
Comments: None X
BUILDING DIVISION
Comments:
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 503 of the 2004
FBC.
--
18. General area modifications to buildings shall be in accordance with 2004 X
FBC, Section 506. Provide calculations verifying compliance with the above
code sections and the 2004 FBC, Table 503.
19. 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 2004 FBC, Section 1609 (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.
20. Every building and structure shall be of sufficient strength to support the X
loads and forces encountered per the 2004 FBC, Section 1607 and Table
1607.1. Indicate the live load (pst) on the plans for the building design.
21. 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.
22. At the time of permit review, submit details of reinforcement of walls for the future X
installation of grab bars as required by the FFHA, Title 24 CFR, Part toO.205,
Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall
complv.
23. If an accessible route has less than 60 inches clear width, then passing spaces X
at least 60 inches by 60 inches shall be located at reasonable intervals not to
exceed 200 feet. A "T"-intersection of two corridors or walks is an acceptable
passing place. 2004 FBC, Section 11-4.3.4.
24. Identify within the site data the finish floor elevation (lowest floor elevation) X
that is proposed for the building. Yerify 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 NGYD is
COA
03/24/06
4
DEPARTMENTS
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.
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).
INCLUDE REJECT
25. 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.
26. 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.
27. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
A The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
B If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
C The number of dwelling units in each building.
D The number of bedrooms in each dwelling unit.
E 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)
28. 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.
29. 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 number/s must be
COA
03/24/06
5
DEPARTMENTS
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(t))
INCLUDE
30. 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.
31. 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.
32. 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.
33. The five-story condominium meets the definition of a threshold building per X
F.S. 553.71(7) and shall comply with the requirements ofF.S. 553.79 and the
CBBA to the 2004 FBC, Sections 109.3.6.1 through 109.3.6.6.
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.
34. Accessible space under stairs shall comply with 2004 FBC, Building Code, X
Residential, Section R311.2.2.
35. The condominium shall comply with all the requirements of the FFHA and X
the Florida Fair Housing Act.
PARKS AND RECREATION
REJECT
COA
03/29/06
6
DEPARTMENTS INCLUDE REJECT
Comments:
36. Park Impact Fee - 129 units @ $771.00 each = $99,459.00 to be paid prior to X
issuance of first permit.
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
37. The project reqUIres conditional use approval from the Planning & X
Development Board and City C011111llssion because the five (5)-story
condominium building is proposed at 65 feet in height. If approved, staff
recommends that a period of one (1) year be allowed to obtain a building
permit.
38. Approval of the conditional use request is contingent upon the approval of the X
accompanying request for Master Site Plan Modification (MPMD 06-001).
39. The project must obtain approval from the School District of Palm Beach X
County regarding school concurrency.
40. On February 3, 2006, staff has received confirmation from the Traffic X
Division of Palm Beach County that the proposed project is part of the
previously approved Quantum DRI, and therefore, meets the Traffic
Performance Standards of Palm Beach County. However, the allocation of
commercial square footage changed between the office, retail, and restaurant
uses since when the County reviewed the impact statement. Also, an
exclusive east-bound right-turn lane onto the project's main access driveway
on Gateway Boulevard would have to be provided and no building permits
are to be issued after the build-out date of 2007. Therefore, an updated
Traffic Performance Standards review letter will be required at the time of
permitting.
41. At the time of permitting, obtain consent from the adjacent property owner to X
the west because the dock and gazebo extends beyond the property limits of
the subject parcel to the lake property directly to the west. Appropriate
consent would be in the form of a letter, which would specifically address this
Issue. The Quantum Community Development District (QCDD) or its
designee shall provide the applicant with an updated letter giving consent to
allow the proposed gazebo to extend in Tract "Q", prior to the issuance of a
building permit.
X
42. At the time of permitting, revise sheet A-44 (2nd floor plan of condominium
COA
03/29106
7
, II
DEPARTMENTS INCLUDE REJECT
building) to reflect a total of 15 units, to match sheet A-43 Unit Breakdown
Table which reflects] 5 units on the 2nd floor.
43. No internal doorways are shown to connect the first floor to the second floor X
of the mixed-use buildings because "work-live" units are not permitted within
the PID.
44. At the time of permitting, the site plan tabular data would have to be revised X
to indicate the correct number of parking spaces provided. Also, ensure that
the parking space labels inside the parking garage are correct. Provided
parking on the technical site plan would also impact the master site plan
tabular data. Both would have to be updated and corrected.
45. All elevations must show the proposed signage area and be consistent with X
the master sign program from Quantum Park. Therefore, staff recommends
that the applicant submit a sign program during the time of permitting. The
sign program would apply to the entire development. The master sign
program should show the number, location, dimensions, exterior finish, and
color(s) of all wall signs and freestanding signs. All freestanding monument
signs shall have colorful groundcover installed at the base (Chapter 7.5,
Article II, Section 5.0).
46. Fifty percent (50%) of all site landscape materials must be native specIes X
(Chapter 7.5, Article II, Section 5.P). Please categorize as follows: Canopy
trees, Palm trees, Shrubs & Groundcover.
47. Correct the east and west labels of the Retail Building #6 (sheet A-12) and X
Retail Building #7 (sheet A-14) so that they relate to their corresponding floor
plan.
48. The decorative tower of Retail Building #4 (sheet A-8) should be enhanced X
with Foam Accent Tiles or other architectural features in order to improve its
appearance.
49. At the time of permitting, indicate the number of bedrooms proposed on the X
floor plan sheet A-39.
50. At the time of permitting, staff recommends incorporating additional X
groupings of palm trees, possibly Royal palms at staggered heights between
20 feet to 28 feet, in front (north) of the five (5)-story condominium building
along Gateway Boulevard in between the relocated Washingtonian palms in
order to soften the fa<;:ade and massing of the 65-foot tall building.
5]. At the time of permitting, staff requests the applicant certify that the X
landscape plans were prepared in accordance with all Gateway Boulevard
widening designs and that no plant material will require removal as a result of
said improvements.
52. Staff determined that the lighting levels meet code and glare from rights-of- X
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03/29/06
8
DEPARTMENTS INCLUDE REJECT
way and adjacent properties would be minimal. However, the photometric
plan proposes several foot candle readings within the interior parking lot that
exceed eight (8). Therefore, staff recommends reducing the lighting levels
proposed within the interior parking. This may be accomplished by
incorporating more lighting fixtures into said parking areas.
53. According to Chapter 7.5 of the Land Development Regulations, the X
maximum tree spacing along rights-of-way would be 30 feet. The distance
between the trees would vary between 20 feet and 40 feet. Therefore, staff
recommends incorporating a cluster of three (3) native palm trees into the
design of the landscape buffer (along rights-of-way) within the areas where
the tree spacing distance is greater than 30 feet apart.
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
Comments:
54. Condition #37 should be reworded as follows: Pursuant to Chapter 2. X
Zoning, Section 11.2(E), (I), the City Commission shall set a time limit within
which a conditional use may be developed. The time limit to develop the
conditional use shall be one (l) year from the date of the issuance of a
building permit for the five (5) story structure.
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
55. To be determined.
MWR/elj
S:IPlanningISHAREDlWP\PROJECTSIQuantum Park & VillagelSBMP 02-001 southlCOUS 06-003ICOA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Quantum Park & Village South Commercial (COUS 06-003)
APPLICANT'S AGENT: Mr. Eugene A. Gerlica, P.E.
APPLICANT'S ADDRESS: 2500 Quantum Lakes Drive, Suite 101 Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
April 18, 2006
TYPE OF RELIEF SOUGHT: Conditional use / major technical site plan modification approval to
construct a total of 129 dwelling units, distributed amongst a five (5)-
story condominium building (at approximately 65 feet in height), three
(3) mixed-use buildings, and a two (2)-story apartment building. The
project also proposes 18,768 square feet of office, 23,262 square feet of
retail, and 39,722 square feet of restaurant on a 14.265-acre parcel on a
Mixed-Use (MU) pod in the Planned Industrial Development (PID)
zoning district.
LOCATION OF PROPERTY: Generally located approximately 165 feet west of the southwest corner
of Gateway Boulevard and High Ridge Road (see Exhibit "A" -
Location Map)
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S\Planning\SHAREDlWP\PROJECTS\Quantum Park & Village\SBMP 02-001 south\COlJS 06-003\DOdoc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
March 28, 2006
Mr. Casaine congratulated the architects and designers for producing one of the best-looking
projects he had seen. He agreed with his colleagues on the traffic problem; however, he
believed traffic congestion was widespread in Boynton Beach and would probably continue until
someone devised a pattern to address the way the traffic flowed. He believed some project
would go here and this was nicer looking and better organized than some. If he were going to
be against density, he would have to be against a great deal of density that had already been
brought into Boynton Beach. He felt it represented progress.
Mr. Saberson believed the voice of the citizens who specifically looked at this area and
determined how they wanted to see it developed should be respected. Whether or not that
advisory was legally binding, it constituted a compact with the citizens of the area that this
Board should not lightly recommend be overturned. Mr. Saberson also contended the Board
had to do all in its power to protect single-family uses in the City. Considering the density of the
proposed plan, he would support Staff's recommendation for denial.
Mr. Baldwin recalled when the neighbors of the Serrano development fought for single-family
homes, instead of 97 multi-family units, the developer built 47 single-family homes. He would
prefer to see single-family at this location. He congratulated the developers for a beautiful, well
thought out project.
Motion
Mr. Saberson moved to support Staff's recommendation of denial on annexation of the
Lawrence Road Property, also known as Parc Central. Mr. Baldwin seconded the motion.
The Recording Secretary conducted a roll call vote. The motion to deny annexation passed 4-3,
Chair Wische, Mr. Cwynar, and Mr. Casaine dissenting.
Motion
Mr. Saberson moved if annexed by the City, the Parc Central property be annexed at the Low
Density Residential land use category with a maximum density of 4.84 units per acre. Ms.
Johnson seconded the motion.
The Recording Secretary conducted a roll call vote. The motion to deny the applicant's request
for the Medium Density Residential land use classification passed 4-3, Chair Wische, Mr.
Cwynar, and Mr. Casaine dissenting.
Motion
Mr. Saberson moved in favor of Staff's recommendation for denial on the Parc Central site plan.
Ms. Johnson seconded the motion to deny that passed 4-3, Chair Wische, Mr. Cwynar, and Mr.
Casaine dissenting.
The Board recessed from 8: 11 p.m. and reconvened at 8:25 p.m.
B. Conditional Use
1.
Project:
Quantum Park & Village South Commercial
COUS 06-003)
Eugene Gerlica
Agent:
11
Meet!nfj Minutes
Planning and Development Board
BO.'1;ij~:'fI~__Beach~lo!id~~~__________
March 28, 2006
Descri ption:
Quantum Park & Village, LLC
Southwest corner of Gateway Boulevard and High
Ridge Road
Conditional use/major technical site plan
modification approval to construct a total of 129
dwelling units, distributed amongst a five (5)-story
condominium building (at approximately 65 feet in
height), three (3) mixed-use buildings, and a two
(2)-story apartment building. The project also
proposes 18,768 square feet of office, 23,262
square feet of retail, and 39,722 square feet of
restaurant on a 14.265-acre parcel on a Mixed-Use
(MU) pod in the Planned Industrial Development
(PID) zoning district.
Owner:
Location:
Eugene Gerlica, 2500 Quantum Lakes Drive, Boynton Beach, explained this was a
conditional use, site plan and master plan change request for the 5th story of a condominium
building in Quantum Park. The applicant agreed with the Conditions of Approval except they
wanted to change #37 and delete #51.
Mr. Gerlica asked Condition #37 be amended to change the second sentence to read, "If
conditional use is granted, the time limit to develop the conditional use shall be one year from
the date of issuance of the building permit for the five-story structure. "
They wanted to delete Condition of Approval #51 entirely because they did not think it was
appropriate to require the applicant to certify the work of a duly licensed professional surveyor
and licensed architect. The documents submitted were prepared by those two professionals,
signed and sealed by them, and were done in accordance with the comment.
Mr. Johnson wanted to ensure the plans submitted were going to be the plans of record and
that there would be no additional "taking" that would cut into the landscaping any further. Staff
would accept the request to delete Condition #51 from the Conditions of Approval.
Eric Johnson reported Staff had reviewed the request for conditional use approval against the
standards on which such uses are evaluated, and found the project met all standards. Staff
recommended approval subject to the comments itemized in Exhibit C, Conditions of Approval.
Chair Wische opened the floor for the public to speak, and closed it when no one came forward.
Attorney Tolces asked for clarification on the second sentence of Condition #37. He asked if the
applicant were stating that they would have a certificate of occupancy within one year from the
issuance of the building permit. Mr. Gerlica denied that, saying the proposed alternate wording
for sentence two stated the time limit to develop the conditional use is one year from the date
of permit issuance. He wanted to use the term developed instead of C.O.'d, constructed, or
building permit as originally written.
12
Meeting Minutes
Planning and Development Board
BOYI'!~(oi2J~each, Florida
March 28, 2006
Motion
Mr. Cwynar moved to approve Item VII.B-1, Quantum Park & Village South Commercial
conditional use/major technical site plan modification to construct a total of 129 dwelling units,
distributed amongst a five-story condominium building (at approximately 65 feet in height),
three mixed-use buildings, and two 2-story apartment buildings. The project also proposes
18,768 square feet of office, 23,262 square feet of retail, and 39,722 square feet of restaurant
on a 14.265-acre parcel on a Mixed-Use pod in the Planning Industrial Development zoning
district with the modifications of the applicant on Item 37 and the rejection of Item 51 in the
Conditions of Approval, Exhibit C. Mr. Baldwin seconded the motion that passed 7-0.
Master Plan Modification
2.
Project:
Quantum Park & Village South Commercial
MPMD 06-001)
Eugene Gerlica
Quantum Park & Village, LLC
Southwest corner of Gateway Boulevard and High
Ridge Road
Master site plan modification approval to construct
an additional 129 dwelling units (for a total of 363
dwelling units), 18,768 square feet of office,
23,262 square feet of retail, and 39,722 square
feet of restaurant on a 26.17-acre parcel on a
Mixed-Use 9MU) pod in the Planned Industrial
Development (PID) zoning district.
Agent:
Owner:
Location:
Description:
Chair Wische asked the applicant's position on the five Conditions of Approval. Mr. Gerlica
responded they accepted all five conditions.
Board Attorney Tolces swore in Mr. Doug McDonald, the owner.
Doug McDonald, Chief Executive Officer, Quantum Group of Companies, 2500
Quantum Lakes Boulevard, spoke of the nine buildings visible along Gateway Boulevard.
This is where the 39,722 square feet of restaurant would be. What they tried to do was
coordinate the outside patio areas of the proposed development with the single use retail
buildings, which range in size from 6K square feet down to 3.5K square feet. They maximized
as much interconnecting area as they could to create the patio areas, but different tenants
would require different kinds of patios. They over landscape everything in Quantum Park. Unlike
many other developers, he had been coming to the Board for ten years and they still owned all
of Gateway Boulevard except the piece they sold to the School District.
This stretch of Gateway Boulevard from High Ridge Road west is what Quantum Park was really
about, and it had taken years to do it. His vision was to come before the Board in a couple of
months with a Notice of Proposed Change (NOPC-16), which would encompass some more land
they own along Gateway Boulevard. It would take the mixed-use project and keep moving it
down the street and create a pedestrian corridor from Renaissance Commons all the way to 1-
95. It was there now. They wanted to embellish it. He had heard Staff and the City Attorney say
13
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOAAl
VIII.-PUBLIC HEARING
ITEM C. ,
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 4,2006 March 20, 2006 (Noon.) D June 6, 2006 May 15,2006 (Noon)
D ~ --.........
!:8J April 18, 2006 April 3,2006 (Noon) June 20, 2006 June 5, 2006 (Noon)
..=- :i ; ''{".l
D May 2, 2006 April 17,2006 (Noon) D July 5, 2006 June 19,2006 (Noon) r,<1 -'.-',
-
~-'-
D May 16, 2006 May 1,2006 (Noon) D July 18, 2006 July 3, 2006 (Noon)
,-',.'1
-~'-.-' ;.-,~:.~.
D Administrative D Development Plans " ;-\::;.
"'0
NATURE OF D Consent Agenda D New Business
AGENDA ITEM !:8J 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 18, 2006 City Commission Agenda under Public
Hearing. The Planning and Development Board recommended that the subject request be approved on March 28, 2006,
subject to staff comments. For further details pertaining to the request, see attached Department Memorandum No. 06-058.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Quantum Park & Village South . . (MPMD 06-001)
Eugene Gerlica
Quantum Park & Village, LLC
Southwest corner of Gateway Boulevard and High Ridge Road
Request for a Master site plan modification approval to construct an additional 129 dwelling units
(for total of363 dwelling units), 18,768 square feet of office, 23,262 square feet of retail, and
39,722 square feet of restaurant on a 26.l7-acre parcel on a Mixed-Use (MU) pod in the Planned
Industrial Development (PID) zoning district.
PROGRAM IMPACT: NM
FISCAL IMPACT: N/A
ALTERNATIVES'~A
I . ~
Developm t Depa ent DIrector
~r)L~
Planning and Z~ing Director City Attorney I Finance I Human Resources
S:\Planning\SHAREDlWP\PROJECTS\Quantum Park & Village\SBMP 02-001 southIMPMD 06-001 \Agenda Item Request Quantum Pk & Village S.
Comm MPMD 06-001 4-t8-06.dot
~
City Manager's Signature
S:\BULLETINIFORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 06-058
TO:
Chairman and Members
Planning and Development Board
THROUGH:
FROM:
Michael W. Rumpf
Director of Planning & Zoning
Eric Lee Johnson, AICP 4
Planner ()
March 22, 2006
DATE:
SUBJECT:
Quantum Park & Village South - File No. MPMD 06-001
Master Site Plan Modification
PROJECT NAME:
Quantum Park & Village South MPMD 06-001
LOCATION:
Generally located approximately 165 feet west of the southwest corner of
Gateway Boulevard and High Ridge Road (see Exhibit "A" - Location Map)
LAND USE
Quantum Park DRI Master Plan Land Use is Mixed Use - MU
ZONING:
Planned Industrial Development (PID)
NATURE OF REQUEST
Mr. Eugene A. Gerlica, P.E. of Quantum Group of Companies is requesting to modify the master site plan for
Quantum Park & Village South. This development is generally located approximately 165 feet west of the
southwest corner of Gateway Boulevard and High Ridge Road (see Exhibit "A" - Location Map). The specific
request is to construct a total of 129 dwelling units, distributed amongst a five (5)-story condominium building
(at approximately 65 feet in height), three (3) mixed-use buildings, and a two (2)-story apartment building.
The project also proposes 18,768 square feet of office, 23,262 square feet of retail, and 39,722 square feet of
restaurant on the 14.265-acre parcel, all of which are proposed within the commercial "portion" of the master
site plan. This would result in a total of 363 dwelling units for the entire master site plan.
BACKGROUND! ANALYSIS
On September 3, 2002, a master site plan was approved for 234 rental apartments and 132,032 square feet of
commercial on 26.17 acres. This master site plan is known as Quantum Park & Village South (SBMP 02-001).
Master site plan approval is valid indefinitely per Chapter 2, Section 7.P.9 of the Land Development
Regulations. The master site plan was also approved with six (6) waivers. These waivers are itemized on the
tabular data.
The Quantum Park & Village South master site plan is comprised of two (2) technical site plans, namely
Quantum Park & Village South Residential (NWSP 02-022) and Quantum Park & Village South Commercial
(NWSP 03-004). Technical site plans on mixed use Pods within Planned Industrial Developments do not
require City Commission review and approval, provided that they are found to be consistent with the master
site plan. The "residential" component of the master site plan was developed as the third phase of the Villas
Memorandum No. PZ 06-058
Quantum Park & Village South Master Site Plan, MPMD 06-001
Page 2
t Quantum Lakes project. The "commercial" technical site plan for Quantum Park & Village South (NWSP 03-
004) was approved with six (6) buildings totaling 119,185 square feet of commercial area. Both the
"residential" (NWSP 02-022) and "commercial" (NWSP 03-004) technical site plans were found to be consistent
with the master site plan (SBMP 02-001), and were therefore approved administratively by staff. However, no
permits were ever secured for the "commercial" technical site plan.
On July 19, 2005, the 14.265-acre site "commercial" technical site plan was approved for a major modification
(MSPM 05-003) that proposed less commercial area in favor of constructing residential dwelling units. The
major site plan modification was approved for 71,708 square feet of commercial space, several mixed-use
buildings, a two (2)-story apartment building, and a four (4)-story condominium building. A master site plan
modification (MPMD 05-008) was simultaneously reviewed and approved for the conversion of commercial
space to additional dwelling units. Meanwhile, the developer subsequently submitted a request for code
review (CDRV 05-006) to change the Land Development Regulations regarding the maximum height allowed
for buildings that are located on mixed use Pods in Quantum Park. On July 5, 2005, pursuant to Ordinance
05-023, buildings on mixed use Pods are allowed to be up to five (5)-stories tall and 75 feet in height, but only
as conditional uses.
At this time, the applicant is again seeking to modify the "commercial" technical site plan in order to add a
fifth floor to the condominium building. This would result in a structure height of approximately 65 feet.
Basically, the buildings and parking areas are depicted in the same configuration as the previously approved
site plan, except that a fifth floor is proposed to be added to the condominium building and the commercial
square footage is allocated specifically for office, retail, and restaurant uses. However, these additional
rlwelling units represent a significant change to the "commercial" technical site plan and likewise, to the
proved master site plan. Therefore, approval of this master site plan modification is contingent upon the
dpproval of the accompanying request for conditional use approval (see Exhibit "c" - Conditions of Approval).
It should be noted that the proposed changes to the "commercial" portion of the master site plan do not
impact any of the approved waivers.
As previously mentioned, the Quantum Park & Village South master site plan is comprised of two (2)
components, namely, the "residential" component and the "commercial" component. The master site plan
tabular data originally showed the parking requirements as follows:
Commercial: 71,708 square feet @ 1/225
One bedroom: 143 units @ 1.5 spaces
Two bedrooms: 206 units @ 2 spaces
5% guest spaces for Villas at Quantum Lakes
319 spaces
215 spaces
412 spaces
19 spaces
965 spaces
The above referenced list indicated that 965 parking spaces were required. The master site plan provided a
total of 1037 parking spaces, or an excess of 72 parking spaces. However, the applicant is now proposing to
utilize the Urban Land Institute's (UU) methodology for shared parking. Under the ULI, the commercial
component's required parking is as follows:
Office: 18,768 square feet = 9 spaces (ULI)
Retail : 23,262 square feet = 104 spaces (ULI)
Restaurant: 39,722 square feet = 177 spaces (ULI)
;idential- 1 bedroom: 15 units @ 1.5 space per unit = 23 spaces (ULI)
Kesidential- 2 bedroom: 114 units @ 2 spaces per unit = 228 spaces (ULI)
541 spaces
Memorandum No. PZ 06-058
Quantum Park & Village South Master Site Plan, MPMD 06-001
Page 3
Therefore, the "commercial" portion of the master site plan would require a total of 541 parking spaces based
on day and peak hour analysis. It should be noted that the "residential" component (Villas at Quantum Lakes)
was previously approved for 234 dwelling units and should be considered as part of the master site plan
tabular data. These 234 dwelling units were not included within the above referenced UU calculations. In
conclusion, the Quantum Park & Village South master site plan requires and provides the following parking:
Office:
Retail :
Restaurant:
Residential- 1 bedroom:
Residential- 2 bedroom:
Residential- 1 bedroom:
Residential- 2 bedroom:
Guest spaces:
18,768 square feet
23,262 square feet
39,722 square feet
15 units @ 1.5 space per unit
114 units @ 2 spaces per unit
130 units @ 1.5 space per unit
104 units @ 1.75 space per unit
5% guest spaces
9 spaces (ULl)
104 spaces (ULl)
177 spaces (ULl)
23 spaces (ULl)
228 spaces (ULl)
195 spaces Villas at Quantum Lakes
182 spaces Villas at Quantum Lakes*
19 spaces Villas at Quantum Lakes
Total spaces Required
Total spaces Provided
Net difference
937 spaces
1011 spaces
+ 74 spaces
* The ratio for 1.75 parking spaces per unit was approved per Site Plan Waiver (SPWV 03-001) on June 3,
2003
A surface water management system has served the Quantum Community Development District since 1989.
The District has legal positive outfall to the Lake Worth Drainage District's E-4 Canal. The stormwater runoff
is discharged via an existing control structure. The proposed volume and rate of the discharge would be
controlled pursuant to the applicable permits. The subject property would connect to the existing District
system. The Engineering Division of Public Works reviewed the drainage plans to ensure compliance with all
applicable codes and regulations regarding legal positive outfall. The conceptual plans submitted herein, are
acceptable to the Engineering Division but as per staff policy, a more detailed version would be required at the
time of permitting (see Exhibit "C" - Conditions of Approval).
The master site plan's original traffic impact study was approved by the Traffic Division of Palm Beach County
on June 28, 2002. The master site plan was approved for 234 multi-family dwelling units, 82,260 square feet
of general retail, and 32,010 square feet of office. A revised study approved on August 19, 2002 included 136
multi-family dwelling units and 102,235 square feet of general retail. In February of 2005, Ordinance 05-013
for Development of Regional Impact (DRIA 05-001) was approved by the City Commission to increase the
maximum number of dwelling units allowable with Mixed Use Pods (within the entire Quantum Park DRI) from
1,000 units to 1,105 units. These additional units were earmarked, in part, for the previous master site plan
modification approval (MSPM 05-003). As such, a traffic impact statement prepared by Pinder Troutman
Consulting, Inc. was submitted in conjunction with the conditional use request. On February 3, 2006, staff
had received confirmation from the Traffic Division of Palm Beach County that the proposed project is part of
the previously approved Quantum DRI, and therefore, meets the Traffic Performance Standards of Palm Beach
County. However, the allocation of commercial square footage changed between the office, retail, and
restaurant uses since when the County reviewed the impact statement. Also, an exclusive east-bound right-
turn lane onto the project's main access driveway on Gateway Boulevard would have to be provided and no
building permits are to be issued after the build-out date of 2007. Therefore, an updated Traffic Performance
Standards review letter will be required at the time of permitting (see Exhibit "C" - Conditions of Approval).
Memorandum No. PZ 06-058
Quantum Park & Village South Master Site Plan, MPMD 06-001
Page 4
le City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per
day from Palm Beach County Utilities, would meet the projected potable water for the project. Local piping
and infrastructure improvements may be required, especially on the water delivery system for the project,
depending 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.
Fire staff reviewed the site plan and determined that the Rre Department expects to be able to maintain an
adequate level of service for the subject project, with current or anticipated staffing. Infrastructure
requirements such as hydrants and roadways will be addressed during plan reviews and permitting. It must
be noted however, that the project is in an area with significant growth in the past year. The Rre Department
supports this project with the understanding that Fire Station No. 5 will be available when these structures are
ready for occupancy. The Police Department notes that the proposed project would have not have a negative
impact on department operations.
RECOMMENDATION
Staff has reviewed this master site plan modification request and recommends approval, contingent upon
satisfying the comments indicated in Exhibit "c" - Conditions of Approval. Any additional conditions
recommended by the Board or City Commission shall be documented accordingly in the Conditions of
Approval.
'1Rfej
,: Central File
S:\Planning\SHARED\WP\PROJECTS\Quantum Park &. Village\SBMP 02-001 south\MPMD O&OOI\Slaff Report.doc
Exhibit 'A' - Location Map
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EXHIBIT "C"
Conditions of Approval
Project name: Quantum Park & Village South Commercial
File number: MPMD 06-001
Reference: 20dreview plans identified as a Master Plan Modification with a March 7, 2006 Planning & Zoning
date stamp marking.
. .
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
ENGINEERING DIVISION
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. The accompanying site plan (COUS 06-003) proposes 18,768 square feet of X
COA
03/24/06
2
I
DEPARTMENTS INCLUDE REJECT
office, 23,262 square feet of retail, and 39,722 square feet of restaurant.
However, the master site plan tabular data indicates that 27,069 square feet
of office, 36,516 square feet of retail, and 20,750 square feet of restaurant is
proposed. The master site plan tabular data conflicts with the technical site
plan. Both plans should match each other and the discrepancy between the
two (2) must be rectified.
2. The Quantum Park & Village South Master Plan requires 937 parking X
spaces and provides 1011 parking spaces, a net surplus of 74 parking
spaces. This should be noted as such on the master site plan tabular data at
the time of permitting. The parking methodology can be derived from the
accompanying staff report (PZ 06-058).
3. The project must obtain approval from the School District of Palm Beach X
County regarding school concurrency.
4. On February 3, 2006, staff had received confirmation from the Traffic X
Division of Palm Beach County that the proposed project is part of the
previously approved Quantum DR!, and therefore, meets the Traffic
Performance Standards of Palm Beach County. However, the allocation of
commercial square footage changed between the office, retai 1, and
restaurant uses since when the County reviewed the impact statement. Also, I
an exclusive east-bound right-turn lane onto the project's main access
driveway on Gateway Boulevard would have to be provided and no building
permits are to be issued after the build-out date of 2007. Therefore, an
updated Traffic Performance Standards review letter will be required at the
time of permitting.
5. No portion of the development may drain into the sand pine preserve area. X
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
Comments:
6. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
7. To be determined.
MWR/elj
S:IPlanningISHAREDlWPIPROJECTSIQuantum Park & VillagelSBMP 02-001 southlMPMD 06-001ICOA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Quantum Park & Village South Commercial (MPMD 06-001)
APPLICANT'S AGENT: Mr. Eugene A. Gerlica, P.E.
APPLICANT'S ADDRESS: 2500 Quantum Lakes Drive, Suite 101 Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
April 18, 2006
TYPE OF RELIEF SOUGHT: Master site plan modification approval to construct an additional 129
dwelling units (for total of 363 dwelling units), 18,768 square feet of
office, 23,262 square feet of retail, and 39,722 square feet of restaurant
on a 26.17 -acre parcel on a Mixed-Use (MU) pod in the Planned
Industrial Development (PID) zoning district.
LOCATION OF PROPERTY: Generally located approximately 165 feet west of the southwest corner
of Gateway Boulevard and High Ridge Road (see Exhibit "A" -
Location Map)
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S\Planning\SHAREDlWPIPROJECTS\Qu311tum Park & Village\SBMP 02-001 southIMPMD 06-001\00 doc
Meeting Minutes
Planning and Development Board
E!()Y~!<:>rl~~_e~ch, Florida
__~~~~__~to-1~~ch 28, _~006 _~
Motion
Mr. Cwynar moved to approve Item VII.B-1, Quantum Park & Village South Commercial
conditional use/major technical site plan modification to construct a total of 129 dwelling units,
distributed amongst a five-story condominium building (at approximately 65 feet in height),
three mixed-use buildings, and two 2-story apartment buildings. The project also proposes
18,768 square feet of office, 23,262 square feet of retail, and 39,722 square feet of restaurant
on a 14.265-acre parcel on a Mixed-Use pod in the Planning Industrial Development zoning
district with the modifications of the applicant on Item 37 and the rejection of Item 51 in the
Conditions of Approval, Exhibit C. Mr. Baldwin seconded the motion that passed 7-0.
Master Plan Modification
2.
Project:
Quantum Park & Village South Commercial
MPMD 06-001)
Eugene Gerlica
Quantum Park & Village, LLC
Southwest corner of Gateway Boulevard and High
Ridge Road
Master site plan modification approval to construct
an additional 129 dwelling units (for a total of 363
dwelling units), 18,768 square feet of office,
23,262 square feet of retail, and 39,722 square
feet of restaurant on a 26.17-acre parcel on a
Mixed-Use 9MU) pod in the Planned Industrial
Development (PID) zoning district.
Agent:
Owner:
Location:
Description:
Chair Wische asked the applicant's position on the five Conditions of Approval. Mr. Gerlica
responded they accepted all five conditions.
Board Attorney Tolces swore in Mr. Doug McDonald, the owner.
Doug McDonald, Chief Executive Officer, Quantum Group of Companies, 2500
Quantum Lakes Boulevard, spoke of the nine buildings visible along Gateway Boulevard.
This is where the 39,722 square feet of restaurant would be. What they tried to do was
coordinate the outside patio areas of the proposed development with the single use retail
buildings, which range in size from 6K square feet down to 3.5K square feet. They maximized
as much interconnecting area as they could to create the patio areas, but different tenants
would require different kinds of patios. They over landscape everything in Quantum Park. Unlike
many other developers, he had been coming to the Board for ten years and they still owned all
of Gateway Boulevard except the piece they sold to the School District.
This stretch of Gateway Boulevard from High Ridge Road west is what Quantum Park was really
about, and it had taken years to do it. His vision was to come before the Board in a couple of
months with a Notice of Proposed Change (NOPC-16), which would encompass some more land
they own along Gateway Boulevard. It would take the mixed-use project and keep moving it
down the street and create a pedestrian corridor from Renaissance Commons all the way to I-
95. It was there now. They wanted to embellish it. He had heard Staff and the City Attorney say
13
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
March 28, 2006
that Quantum was the jewel of Boynton Beach. He thought they had done a pretty good job of
it so far, but what they were starting to do now was what was really important. He hoped the
City would be flexible.
Mr. McDonald declared Quantum was the largest single generator of tax dollars for Boynton
Beach. He invited everyone to check out the improvements going in on Gateway Boulevard
because he believed they were going to be very special.
Mr. Johnson reported Staff reviewed the master site plan modification request to make sure it
complied with the LDR and it did, subject to satisfaction of all comments in Exhibit C, Conditions
of Approval.
Chair Wische opened the floor for public comments, closing it when no one came forward.
Motion
Mr. Cwynar moved to grant master site plan modification approval for Quantum Park & Village
South Commercial to construct an. additional 129 dwelling units (for a total of 363 dwelling
units), 18,768 square feet of office, 23,262 square feet of retail, and 39,722 square feet of
restaurant on a 26.17-acre parcel on a Mixed-Use pod in the Planned Industrial Development
zoning district, subject to the Conditions of Approval. Mr. Casaine seconded the motion that
passed 7-0.
C. Zoning Code Variance (Moved to start of public hearing)
1.
Project:
912 N.W. 13th Avenue (Hatcher) (ZNCV 06-
004)
William Hatcher
York Builder, Inc.
912 N.W. 13th Avenue
Request for relief from the City of Boynton Beach
Land Development Regulations, Chapter 2, Zoning,
Section 5.C.2, requiring a foot minimum lot
frontage of 60 feet to allow a frontage of 50 feet, a
variance of 10 feet within the R-1-AA Single-Family
Residential zoning district.
Agent:
Owner:
Location:
Description:
D. Zoning Code Variance (Moved to start of public hearing)
1.
Project:
1370 S.W. 26th Avenue (Kervern) (ZNCV 06-
005)
Scott and Stephanie Kervern
Scott and Stephanie Kervern
1370 S.W. 26th Avenue
Request relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning,
Section 11, Supplemental Regulations, E., requiring
minimum rear setback of 8 feet from the property
line for the construction of a pool, to allow a rear
Agent:
Owner:
Location:
Description:
14
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VIII.-PUBLIC HEARING
ITEM D.
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 4. 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15, 2006 (Noon)
[8J Apri] 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June] 9,2006 (Noon) . .
0 May ]6,2006 May],2006 (Noon) 0 July 18,2006 July 3, 2006 (Noon)
;cD
f'J
0 Administrative 0 Development Plans ;'''''':=-1
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM [8J 0 --,
Public Hearing Legal ~./~~ '1 ~~~',~
. -~. I . i
0 Bids 0 Unfinished Business -,.' . ~-~~l~
0 0 .'
Announcement Presentation -.-
0 City Manager's Report
RECOMMENDA TION: Please place this request on the April 18, 2006 City Commission Agenda under Public
Hearing. The Planning and Development Board recommended that the subject request be approved on March 28,2006.
For further details pertaining to the request, see attached Department Memorandum No. 06-051.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRlPTION:
912 NW 13th Avenue (Hatcher) (ZNCV 06-004)
William Hatcher
York Builder, Inc.
912 NW 13th Avenue
Request for relief from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 5.C.2, requiring a foot minimum lot frontage of 60 feet to
allow a frontage of 50 feet, a variance of 10 feet within the R-l-AA Single-family
Residential zoning district.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~
City Manager's Signature
I
Developm tepa
;LJ~
Planning Zomng DIrector City Attorney I Fmance I Human Resources
S:IPlanningISHAREDI WPIPROJECTS\912 NW ] 3th Avenue (Hatcher)lAgenda Item Request 912 NW 13th Ave Hatcher ZNCY 06-004 4-18-06.dot
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM,DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-051
STAFF REPORT
TO:
Chair and Members
Planning & Development Board and City Commission
FROM:
Michael W. Rumpf
Planning and Zoning Director
Ed Breese ~
Principal Planner
THRU:
DATE:
March 14, 2006
PROJECT NAME/NO:
Hatcher Variance - 912 NW 13th Avenue / ZNCV 06-004
REQUEST:
Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2,
Zoning, Section 11.1.C.3., requiring a minimum lot frontage of 60 feet, to allow a frontage of
50 feet, a variance of 10 feet within the R-1-AA Single-family Residential zoning district.
PROJECT DESCRIPTION
Property Owner:
York Builder, Inc.
Applicant/Agent:
William Hatcher
Location:
North side of NW 13th Avenue, Between NW 8th Court and NW 8th Street
Acreage:
Approximately 10,700 square feet
Proposed Use:
Single-family residence
Zoning District:
Single-Family Residential (R-1-AA)
Adjacent Uses:
North:
Right-of-way for the C-16 Canal, and farther north a developed parcel in Quantum
Park (Safety Kleen), zoned PID;
South:
Right-of-way for NW 13th Avenue, and farther south a single-family residence, zoned
R-1-AA;
East:
A Single-family residence, zoned R-1-AA; and
West:
A single-family residence, zoned R-1-AA.
Staff Report
Memorandum No PZ-06-051
Page 2
BACKGROUND
The subject property is currently an undeveloped lot located on the north side of SW 13th Avenue, between
NW 8th Court and NW 8th Street, in Laurel Hills (see Location Map - Exhibit "A"). The subdivision, zoned R-1-
AA, was platted in 1951, with the vast majority of the lots having a width of 50 feet. The lot boundaries
within this subdivision have been "shifted" over time where parcels 343 - 352 along the north side of the plat
abutting the canal now range between 40 and 76 feet in width. The depth of these lots however range from
200 to 231 feet, creating parcels in excess of the minimum lot area requirements for the R-1-AA zoning
district of 7,500 square feet for lots platted prior to 1975. The subject parcel (Lot 347) is an original lot,
unchanged, thus maintaining its platted 50 foot frontage, and approximately 10,700 square foot total lot area.
The applicant is requesting a variance to the minimum lot frontage requirement for R-1-AA lots platted prior
to 1975, which requires 60 feet, a 10 foot variance for a platted 50 foot lot, inorder to construct a single-
family dwelling of approximately 2,900 square feet home (2,100 under air). The subject property complies
with all other R -1-AA requirements, and based upon the applicant's proposal, it would comply with all other
minimum requirements of the R-1-AA regulations, as indicated below:
R1-AA Minimum Requirements Applicant's Proposal
. Lot area: 7,500 square feet . Lot area: 10,700 square feet
. Lot frontage: 60 feet . Lot frontage: 50 feet
. Front setback: 25 feet . Front setback: 25 feet
. Rear setback: 20 feet . Rear setback: 20 feet
. Side setbacks: 7.5 feet . Side setbacks: 7.5 feet
. Minimum living area: 1,600 sq. ft. . Minimum living area: 2,100 sq. ft.
. Maximum lot coverage: 45% . Maximum lot coverage: less than 45%
. Maximum structure height: 30 feet . Maximum structure height: less than 30'
ANALYSIS
Staff reviewed the requested variance focusing on the applicant's response to criteria a - g below (see
Exhibit "B"). The code states that the zoning code variance cannot be approved unless the board finds the
following:
a. That special conditions and circumstances exist which are peculiar to the land, structure, or building
involved and which are not applicable to other lands, structures or buildings in the same zoning
district.
The subject property is considered a non-conforming lot because it does not meet all of the R-1-AA
zoning district regulations for construction of a single-family residence. Section 11.1.C.3, Non-
Conforming Lot regulations, allows a detached single-family dwelling to be constructed on a non-
conforming lot zoned R-1-AA, provided that all of the following requirements are met: (1) the parcel
contains at least one whole platted lot; (2) the parcel has a frontage of not less than 60 feet, and a
lot area of not less than 6,750 square feet; and (3) that it would not be pOSSible to acquire property
from adjacent parcels without causing the adjacent parcels or structures thereon to become non-
conforming. The subject parcel complies with requirement #1, because it contains at one (1) whole
platted lot (Lot 347). The applicant is unable to meet provision #2, due to the fact that the lot only
Staff Report
Memorandum No PZ-06-051
Page 3
has 50 feet of frontage, as it was originally platted. Therefore, the applicant is seeking a variance to
the minimum lot frontage requirement, a reduction of 10 feet, in order to construct a single-family
home on a whole platted lot.
b. That the special conditions and circumstances do not result from the actions of the applicant
In 1975, the City adopted new zoning regulations, which caused many parcels to become legally non-
conforming, including those in the Laurel Hills Subdivision Plat. The Land Development Regulations
set forth the minimum requirements for the development of a lot. The typical lots were originally
platted with 50 foot frontage. The lot in question (Lot 347) is a whole platted lot, like others already
developed within the subdivision. Additionally, the applicant is unable to purchase additional property
without making the adjacent developed property to the west nonconforming. The property owner to
the east has a forty foot vacant remnant of a lot associated with his home, but has provide a letter
stating his plans to expand his house onto said parcel (Exhibit "C").
c. That granting of the variance requested will not confer on the applicant any special privilege that is
denied by this ordinance to other lands, buildings, or structures in the same zoning district
The majority of the subdivision is developed with single family homes, including a number on the
original substandard lots. The homes developed on this particular block are situated on parcels with
lot frontages ranging from 50, 62, 76, to 80 feet. As noted above, the applicant is requesting to build
on a parcel with 50 foot fontage. The lot depth of the typical lots in this block abutting the canal is in
excess of 200 feet, creating sizeable parcels, while narrow in width, deep enough to allow flexibility in
home design. The fact that other homes in the neighborhood are constructed on the originally platted
lots and that all of the lots other than those abutting the canal have considerably less total lot area
than the applicant's parcel, appears to indicate that no special privilege would be granted to the
applicant by the issuance of the requested variance.
d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of the ordinance
and would work unnecessary and undue hardship on the applicant.
The Laurel Hills subdivision contains many substandard parcels when compared to current
regulations. The subject property has 50 feet of platted lot frontage and more than 10,700 square
feet of lot area, but the current regulations require 60 feet of frontage. Literal interpretation of this
criteria would deprive the applicant the right to develop the property and leave a vacant lot where the
construction of a home could present a finished appearance to the block.
e. That the variance granted is the minimum variance that will make possible the reasonable use of the
land, building, or structure.
The proposed single-family dwelling will meet or exceed all other R-1-AA requirements such as
setbacks, minimum living area, maximum lot coverage, and building height. The subject property is
of sufficient size to provide a home comparable to others within the neighborhood and still leave
space for any amenities. Without the requested variance, the applicant will not have reasonable use
of the land.
f. That the granting of the variance will be in harmony with the general intent and purpose of this
chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
....
Staff Report
Memorandum No PZ-06-051
Page 4
The Laurel Hills subdivision includes many substandard lots by current regulations. The establishment
of the non-conforming lot provisions clearly dictates a substandard development regulation, below
standards being constructed in newer subdivisions. Approval of the subject variance would not
represent a further reduction in the minimum development standards within this neighborhood, and
will provide a positive contribution to the economic value of the area and tax base for the city.
Additionally, the applicant proposes to construct a 2,900 square foot house, which is more in line with
typical houses being constructed today, while meeting all required setbacks.
g. For variances to minimum lot area or lot frontage requiremen~ that property is not available from
adjacent properties in order to meet these requiremen~ or that the acquisition of such property
would cause the adjacent property or structures to become nonconforming. Applicant shall provide an
affidavit with the application for variance stating that the above mentioned conditions exist with
respect to the acquisition of additional property.
The property on the west side of the applicant's parcel is already developed and any reduction in that
lot would make it non-conforming. The applicant attempted to purchase a portion of the lot from the
owner to the east, however the owner is considering expanding his house footprint to provide more
living area, and as such, submitted a letter indicating he would not be interested in parting with any
of his property.
RECOMMENDATION
Staff recommends approval of the requested variance based on findings of hardship. Staff concurs with the
applicant that special conditions and circumstances exist that are not the result of actions by the applicant.
This request will not be injurious or detrimental to the area, and the variance requested is the minimum
necessary to make possible the reasonable use of the land. The construction of a modern single-family home
on the subject lot, representing reasonable use of the land, can be accommodated and still meet all of the
minimum development regulations for the Rl-AA zoning district and be compatable with the neighborhood.
No conditions of approval are recommended; however, any conditions of approval added by the Planning &
Development Board or the City Commission will be placed in Exhibit "D" - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECfS\Hatcher Variance - 912 NW 13'" Ave\ZN0I 06-OO4\Statf Report.doc
..
EXHIBIT A
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EXHIBIT B
EXHIBIT "C"
Conditions of Approval
Project name: 912 NW 13th Avenue
File number: ZNCV 06-004
Reference:
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: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\PlanningISHAREDlWPIPROJECTSI912 NW 13th Avenue (Hatcher)ICOA.doc
S:IPlanninglPlanning TemplateslCondition of Approval 2 page -P&D ORA 2003 form.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: 912 NW 13th Avenue (Hatcher Variance)
APPLICANT'S AGENT: William Hatcher
APPLICANT'S ADDRESS: 400 West Atlantic Avenue, Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 18, 2006
TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 11.1.C.3., requiring a minimum lot frontage of 60 feet, to
allow a frontage of 50 feet, a variance of 10 feet within the R-1-AA Single-family Residential zoning
district.
LOCATION OF PROPERTY: 912 NW 13th Avenue Boynton Beach, FL
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:IPlanningISHAREDlWPIPROJECTSI912 NW 13th Avenue (Hatcher)IDO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
March 28, 2006
Chair Wische recognized the presence of Mayor Taylor, his wife, and Commissioner Ensler.
A. Planning and Zoning Reoort
1. Final disposition of the February 23, 2006 Planning and Development Board
meeting agenda items
Ed Breese, Principal Planner, informed the Board of the actions taken by the City Commission
on items previously heard by the Board: 1) The Ruffini abandonment at 504 S.W. 7th Street was
approved on first reading; 2) the Healing Heart Veterinary Clinic major site plan modification
was approved.
VI. Old Business - None
VII. New Business
C. Zoning Code Variance (Heard out of order by consensus)
1.
Project:
912 N.W. 13th Avenue (Hatcher) (ZNCV 06-
004)
William Hatcher
York Builder, Inc.
912 N.W. 13th Avenue
Request for relief from the City of Boynton Beach
Land Development Regulations, Chapter 2, Zoning,
Section 5.C.2, requiring a foot minimum lot
frontage of 60 feet to allow a frontage of 50 feet, a
variance of 10 feet within the R-1-AA Single-Family
Residential zoning district.
Agent:
Owner:
Location:
Description:
Chair Wische explained the variance request and stated Staff had recommended approval.
Stan Rothman, 6965 Ashton Street, Boynton Beach, advised he had contacted Marcus
Acevedo, the person who owns the house to the right, which also includes a 40-foot vacant lot.
He offered to buy either the entire lot or ten feet of the lot so as not to require a variance. Mr.
Acevedo declined to sell the property.
Ed Breese, Principal Planner, reported the subject property was currently an undeveloped lot on
N.W. 13th Avenue between N.W. 8th Court and N.W. 8th Street in Laurel Hills. The subdivision is
zoned R-l-AA and was platted in 1951, with the majority of the lots having a 50-foot frontage.
This parcel abuts the canal to the north. It is a 50-foot lot in excess of 200 feet in depth. The
applicant is requesting a variance to the minimum lot frontage requirement of R-l-AA lots
platted prior to 1975, which requires 60 feet, in order to construct a single-family dwelling.
Staff recommended approval of the requested variance based on findings of hardship. Staff
concurred with the applicant that special conditions and circumstances exist that are not the
result of actions by the applicant. This request will not be injurious or detrimental to the area,
and the variance requested is the minimum necessary to make possible the reasonable use of
2
Meeting Minutes
Planning and Development Board
_~o}'nton Beach, Florida _ _~______
March 28, 2006
the land. The construction of a modern single-family home on the subject lot, representing
reasonable use of the land, can be accommodated and still meet all of the minimum
development regulations for the Rl-AA zoning district and be compatible with the
neighborhood.
Chair Wische opened the floor for public comment.
Arnold Thompson, 1307 N.W. 8th Court, Boynton Beach, lives around the corner from the
subject property. He did not think granting the variance would create a problem in the vicinity,
but was concerned about another lot to the east of him on which the owner could possible
request a variance. He made the Board aware if another 50-foot lot came in for a variance,
there would be considerable opposition from the neighborhood.
Dr. Jerome Vincenti, occupant of the lot next to the subject property, believed the applicant's
50-foot property would not be adequate once construction began. There was a sharp drop off
of two to three feet from Dr. Vincenti's property to the lower elevation of the subject property.
He did not know how this could be accommodated and thought the construction would have
serious negative effects on the value of his property.
Chair Wische closed the floor for public comments when no one else came forward.
Mr. Casaine inquired if Dr. Vincenti had sought professional advice about what would be
required if the construction would put his property at risk. Dr. Vincenti responded he had short
notice of the project and was very busy. He added when building took place on adjoining lots
with different elevations, something had to be done to accommodate the difference.
Mr. Casaine asked Staff if they had taken Dr. Vincenti's observation into account during their
analysis of the request. Mr. Breese confirmed this property would probably have to have
additional fill for the final floor. Even if that was not the case, the drainage and erosion effect
on adjacent properties is taken into account during the review and if necessary, a retaining wall
would be built between the two properties.
Vice Chair Hay had to leave the meeting at about 6:40 p.m. and was replaced on the dais by
Ms. Grcevic, Alternate Board member.
Motion
Mr. Casaine moved to approve the request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 5.C.2, requiring a minimum lot frontage
of 60 feet, to allow a frontage of 50 feet, a variance of 10 feet within the R-1-AA single family
residential zoning district with the conditions that the Board presented. Mr. Baldwin seconded
the motion.
Attorney Tolces commented there were no conditions, unless the Board wished to add them.
Mr. Casaine understood from Staff that, if necessary, a retaining wall would be built between
the two properties and that this was a condition. Attorney Tolces indicated this would take
place as a matter of course during the permitting process.
3
Meeting Minutes
Planning and Development Board
Boy~~()n Beach, Florida
March 28, 2006
Mr. Casaine changed his motion to approval without conditions and Mr. Baldwin, who seconded
the motion, agreed. The motion passed 7-0.
D. Zoninq Code Variance (Heard out of order by consensus)
1.
Project:
1370 S.W. 26th Avenue (Kervern) (ZNCV 06-
005)
Scott and Stephanie Kervern
Scott and Stephanie Kervern
1370 S.W. 26th Avenue
Request relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning,
Section 11, Supplemental Regulations, E., requiring
minimum rear setback of 8 feet from the property
line for the construction of a pool, to allow a rear
setback of one (1) foot, a variance of 7 feet within
the R-1-AA zoning district.
Agent:
Owner:
Location:
Description:
Chair Wische explained the variance request and stated that Staff had recommended approval.
Scott and Stephanie Kervern, 1370 S.W. 26th Avenue, Boynton Beach, offered to answer
questions.
Ed Breese, Principal Planner, outlined the adjacent uses to the Kevern's property. The
applicants were requesting a variance to the rear setback to allow for the construction of a
standard size pool approximately 14' by 33'. The homeowners' French doors lead out to the rear
of their residence to a patio, necessitating a distance separation from the pool to create a safe
zone. This led to a proposal to have the pool five feet away from the rear of the house, causing
the pool to be placed one foot from the rear property line. To the rear of the applicant's
property is an SO-foot canal right-of-way, a part that is a 13-15' grassy area, terminating at the
edge of the water by the homeowners' seawall.
Mr. Breese reviewed the variance against the criteria and agreed with the applicants that
granting the variance would not confer on the applicant any special privilege that had been
denied to others in the same zoning district. City records show that out of 489 parcels on the
Plat of Golfview Harbour, Section 2, 113 lots had been the subject of variance approval since
1970 for rear setbacks, and 105 of those 113 lots were located on the water. Denial of the
request could potentially deprive the applicants of rights enjoyed by others in the same area
and same zoning district who have received variances to the rear setback, some of which had
been for pool installation.
Chair Wische opened the floor for public comment, dosing it when no one came forward.
Motion
Mr. Baldwin moved to approve the request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, E.,
requiring minimum rear setback of 8 feet from the property line for the construction of a pool,
4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\'l
VIII.-PUBLIC HEARING
ITEM E.
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
0 April 4, 2006
~ April 18, 2006
0 May 2,2006
0 May 16,2006
March 20, 2006 (Noon.)
o June 6,2006
o June 20, 2006
o July 5, 2006
o July 18,2006
May 15,2006 (Noon)
April 3,2006 (Noon)
June 5, 2006 (Noon)
April 17,2006 (Noon)
NA TURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
~ Public Hearing
o Bids
o Announcement
o City Manager's Report
June 19,2006 (Noon) ".
-.
... '.._~
July 3, 2006 (Noon) ;::.:-.J
, - ,
0 Development Plans
0 New Business (J_) i
"-~'
0 Legal ~.~::~~~
i"{~
0 Unfinished Business
0 Presentation
May 1,2006 (Noon)
RECOMMENDATION: Please place this request on the April 18, 2006 City Commission Agenda under Public
Hearing. The Planning and Development Board recommended that the subject request be approved on March 28, 2006.
For further details pertaining to the request, see attached Department Memorandum No. 06-055.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
1370 SW 26th Avenue (Kervern) (ZNCV 01-=005)
Scott and Stephanie Kervern
Scott and Stephanie Kervern
1370 SW 26th Avenue
Request relief from the City of Boynton Beach Land Development Regulations, Chapter
2, Zoning, Section 11, Supplemental Regulations, E., requiring minimum rear setback of
8 feet from the property line for the construction of a pool, to allow a rear setback of one
(1) foot, a variance of7 feet within the R-l-AA zoning district.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
NIA
NIA
~
Develop nt epa City Manager's Signature
ht!~~
Planning and Zo . g irector City Attorney I Finance I Human Resources
S:\PlanningISHAREDlWP\PROJECTSII 370 SW 26th Avenue (Kervem)lAgenda Item Request ] 370 SW 26th Ave Kervern ZNCY 06-005 4-18-06.dot
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-055
STAFF REPORT
TO:
Chair and Members
Planning & Development Board and City Commission
FROM:
Michael W. Rumpf
Planning and Zoning Director
Ed Breese ~
Principal Planner
THRU:
DATE:
March 15, 2006
PROJECT NAME/NO:
Kervern Variance - 1370 SW 26th Avenue / ZNCV 06-005
REQUEST:
Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2,
Zoning, Section 11, Supplemental Regulations, E., requiring a minimum rear setback of 8 feet
from the property line for the construction of a pool, to allow a rear setback of 1 foot, a
variance of 7 feet within the R-1-AA Single-family Residential zoning district.
PROJECT DESCRIPTION
Property Owner:
Scott & Stephanie Kervern
Applicant/Agent:
Scott & Stephanie Kervern
Location:
1370 SW 26th Avenue
Acreage:
Approximately 8,300 square feet
Proposed Use:
Single-family residence
Zoning District:
Single-Family Residential (R-1-AA)
Adjacent Uses:
North:
Right-of-way for SW 26th Avenue, and farther north a single-family residence, zoned
R-1-AA;
South:
Right-of-way for Big Bass Waterway, and farther south a Single-family residence,
zoned R-1-AA;
East:
A Single-family residence, zoned R-1-AA; and
West:
Right-of-way for SW 14th Street, and farther west the Golfview Harbour Clubhouse.
Slaff Report
Memorandum No PZ-06-055
Page 2
BACKGROUND
The subject property and neighborhood are currently zoned R-1-AA, single-family residential. The property is
located between SW 26th Avenue to the north and the canal known as Big Bass Waterway to the south (see
Exhibit "A" - location map). The house built on the property in 1972 was constructed with a rear setback of
twenty (20) feet, therefore limiting the possibilities for the construction of accessory structures. The twenty
(20) foot rear setback was achieved through a variance granted in 1971, along with several other lots along
the canal, to the developer of a number of homes in the neighborhood. The applicants have requested relief
from the above-referenced code requirements to allow for the construction of a pool addition in the rear yard
(see Exhibit "B" - survey).
The applicants are requesting a variance to the rear setback to allow for the construction of a standard size
pool (14 X 33 foot). The homeowners currently have two (2) sets of french doors that swing out onto a
concrete patio. This patio extends from the rear of the house to the rear property line. The pool is intended to
be placed in this area. However, in order to accommodate an adequate distance from the rear of the house to
allow both circulation around the pool and a safe area for egress from the house through the french doors,
the pool is proposed five (5) foot away from the rear of the house. This then requires the pool to be placed 1
(one) foot from the rear property line. At the rear of the applicants' property is an 80 foot canal right-of-way
known as Big Bass Waterway. A part of this canal right-of-way is a 13.5 -15.5 foot, level grassed area
terminated at the waters edge by the homeowners' seawall. The homeowners have a fence placed at the
edge of the seawall, giving the casual observer the impression of a large backyard, approximately 35 feet in
depth (see Exhibit "D" - photos).
ANALYSIS
Staff reviewed the requested variance focusing on the applicant's response to criteria a - g below (see
Exhibit "C"). The code states that the zoning code variance cannot be approved unless the board finds the
following:
a. That special conditions and circumstances exist which are peculiar to the land, structure, or building
involved and which are not applicable to other lands, structures or buildings in the same zoning
district.
The subject property is one of many along the same canal that were granted variances from the 25
foot rear setback (reducing it to 20 feet) as requested by a residential developer in 1971. Typically,
the reduction in the rear setback would not have been seen as detrimental to the neighborhood due
to the 80 foot wide canal right-Of-way along the rear of the properties. As a result of the variance
granted to the developer, subsequent purchasers have been limited in their ability to construct
accessory improvements. Since a number of lots within the subdivision do not abut the canal, which
provides an additional buffer to neighbors, it could be argued that special circumstances do exist,
which are not applicable to all other properties in the area.
b. That the special conditions and circumstances do not result from the actions of the applicant
Although an argument could possibly be made that the special conditions and circumstances are not
the result of the applicant, but the actions of the homebuilder who developed the neighborhood after
receiving rear setback variances, ultimately the applicants purchased a property that provided them
limited opportunities for potential expansion. However, as noted above, given the existence of the 80
foot canal right-of-way, including a 13.5 -15.5 foot grassed area, the remaining separation between
Staff Report
Memorandum No PZ-06-055
Page 3
rear properties will far exceed the typical separation provided by zoning setbacks. The purpose of
creating rear setback requirements in the Zoning Code is to ensure compatibilty and a sense of
privacy between neighbors through the provision of adequate seperation of structures. The seperation
sought through these regulations has been provided and even surpassed by the intervening
waterway.
c. That granting of the variance requested will not confer on the applicant any special privilege that is
denied by this ordinance to other lands, buildings, or structures in the same zoning district.
The applicants have stated that the granting of this variance request will not confer any special
privilege. City records indicate that out of 489 parcels on the Plat of Golfview Harbour, Section 2, 113
lots (nearly 25%) have been the subject of variance approval since 1970 for rear setbacks, and 105
of those 113 lots (93%) are located on the water. Based on the previous reasoning, staff concurs with
the applicants that the approval of this variance request will not confer any special privilege that has
not been granted to others. Denial of the request could potentially deprive the applicants of rights
enjoyed by others in the same area and same zoning district who have received variances to the rear
setback, some of which have been for pool installation.
d That literal interpretation of the provisions of this ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of the ordinance
and would work unnecessary and undue hardship on the applicant.
A literal interpretation of the ordinance would prohibit the applicants the ability to construct a pool in
their rear yard, based upon the eight (8) foot setback requirement from the rear property line and the
five (5) foot safe zone from the house, the pool could only be seven feet wide. There are a number of
pools in the neighborhood, especially along the waterways.
e. That the variance granted is the minimum variance that will make possible the reasonable use of the
lancf, building, or structure.
Standard size pools range between 12 and 16 feet in width. The applicants propose to install a 14 foot
wide pool, which appears to be in keeping with the average pool. Although the request for a seven
foot variance, allowing the pool to be one (1) foot from the rear property line, would generally seem
excessive, the fact that at the rear of the the applicants' property is an 80 foot canal right-ot-way, and
included in part of this canal right-of-way is a 13.5 -15.5 foot grassed area, the impact to any
neighbor is minimal.
f. That the granting of the variance will be in harmony with the general intent and purpose of this
chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
Staff believes that granting this variance will have minimal impacts upon the neighborhood
considering that the rear of the subject property abuts the waterway. Staff inspected the area and it
was noted that it appeared as though there was ample green area between the canal waters' edge
and the homes, with various improvements in place. Some houses have screen rooms, some pools,
other with both, patios, seawalls and docks, fences and landscape. As noted earlier, the purpose of
creating rear setback requirements in the Zoning Code is to ensure compatibilty, air ciculation, light
and a sense of privacy between neighbors through the provision of adequate seperation of structures.
The seperation sought through these regulations has been provided and even surpassed by the
intervening waterway, thereby minimizing any negative impacts upon the neighborhood.
Staff Report
Memorandum No PZ-06-055
Page 4
g. For variances to minimum lot area or lot frontage requirements, that property is not available from
adjacent properties in order to meet these requirements, or that the acquisition of such property
would cause the adjacent property or structures to become nonconforming. Applicant shall provide an
affidavit with the application for variance stating that the above mentioned conditions exist with
respect to the acquisition of additional property.
Since the request is for relief from the rear setback regulations, this particular criteria is not
applicable.
RECOMMENDATION
Nearly all variances would likely be denied if based solely on all criteria (hardship) as stated in the Land
Development Regulations, Chapter 1.5, Section 4.1. However, staff should indicate that past variances
have been reviewed against, and approved based on compliance with a portion of the above-referenced
criteria, and/or based on the emphasis on potential impacts, precedence, and the furthering of city
objective to meet the need for home expansions and improvements.
Therefore staff recommends that this request be approved, based on the following justifications:
1. The minimum intent and purpose of setbacks within zoning regulations will be met, despite the
granting of the variance, based on the significant separation between properties as preserved by the
permanent drainage canal;
2. That granting the variance is consistent with approvals granted to others within the same
neighborhood under the same circumstances existing on the subject property; and
3. That special conditions and circumstances exist which are peculiar to the land, structure, or building
involved and which are not applicable to other lands, structures or buildings in the same zoning district.
No conditions of approval are recommended; however, any conditions of approval added by the Planning &
Development Board or the City Commission will be placed in Exhibit "E" - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Kervem Variance - 1370 SW 26'" Ave\ZNOI 06-o0S\Staff Reportdoc
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1370 SW 26th Avenue (Kervern Variance)
EXHIBIT A
LITTON
LAND
SURVEYORS
500 GULFSTREAM BOULEVARD, SUITE # 209 - DELRAY BEACH, FLORIDA 33483
561-276-7575 (OFFICE) - 561-276-6621 (FAX) lITTONLS@BELLSOUTH,NET
PROUDLY SERVING PALM BEACH, BROWARD, DADE. MARTIN AND ST. LUCIE COUNTIES
WITH OVER 30 YEARS EXPERIENCE
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EXHIBIT B
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COUNTY LINE AUTO REP
PAGE en
SCOTT & STEPHANIE KERVERN
1370 SW 26TH AVE
BOYNTON BEACH, FL 33426
EXHIBIT C
February 12, 2006
City of Boynton Beach P"'nning and Development Board
Dear Sir or Madam:
In response to the six questions A-f in section 4.
A. The special condition and circumstance that exist is the amount of property available
behind our house to build a swimming pool. The total distance from the back of my
house to the seawall is 3Sfl The survey of my property shows that there is 20.25 ft.
available to build a pool. (Distance from house to actual property line). Chaptwr 2
Section 11.E building code inquires that the pool Ie 8 ft. from the rear property line. lam
requesting a 6.25 variance that would allow for II 14 ft. pool with II 4 ft. deck betwMn
pOOl and house on the North side and a 2 ft. deck between the seawall and poot on the
South side. A screen enc:lo$ure will not be used for the pool now or in the future. The
pool will have a child safety gate surrounding it. The van.nce will not have an effect on
any property or neighbor behind me .. my prop.rty h~ located on II canal.
B. I am not the original owner or builder of the house and therefore did not have the
opportunity to leave the required distance as Indicated by the code above.
C. This variance will not affect any other property owner, as there are no other properties
located directly behind my parcel of land.
D. There are numerous houses in the neighbomood that appear to have pools In the rear
area of the property that do not meet the strict distance of the building code above_
These families enjoy the pleasure of having a pool directly located In their backyards,
and I would like the opportunity for my family to enjoy the use of . pool in our
backyard. In addition, a pool wUl iocre..e the overall value of our house and property.
E. The 6.25 ft variance requested is the minimum variance that will make it possible for
me to build a pool. Thi$ variance would allow me to build a pool that is 14 ft. wide
(smaller than the average width pool size).
F. This request for a variance 1$ solely for the purpose of building a pool in the rear
portion of my property. In no way would this variance be Injurious to the area Involved
or to the publie welfare of the Guff view Harbor neighborhood.
G. Thank you for reviewing this package and my request for a property v..riance.
Sincerely,
Scott &. Stephanie Kervem
EXHIBIT 0
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EXHIBIT "E"
Conditions of Approval
Project name: 1370 SW 26th Avenue
File number: ZNCV 06-005
Reference:
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: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:IPlanningISHAREDlWPIPROJECTSI1370 SW 26th Avenue (Kervem)ICOA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: 1370 SW 26th Avenue (Kervern Variance)
APPLICANT'S AGENT: Scott & Stephanie Kervern
APPLICANT'S ADDRESS: 1370 SW 26th Avenue, Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 18, 2006
TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, E., requiring a
minimum rear setback of 8 feet from the property line for the construction of a pool, to
allow a rear setback of 1 foot, a variance of 7 feet within the R-1-AA Single-family
Residential zoning district.
LOCATION OF PROPERTY: 1370 SW 26th Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\PlanningISHAREDlWPIPROJECTSI1370 SW 26th Avenue (Kervern)IDO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
March 28, 2006
Mr. Casaine changed his motion to approval without conditions and Mr. Baldwin, who seconded
the motion, agreed. The motion passed 7-0.
D. Zoning Code Variance (Heard out of order by consensus)
1.
Project:
1370 S.W. 26th Avenue (Kervern) (ZNCV 06-
005)
Scott and Stephanie Kervern
Scott and Stephanie Kervern
1370 S.W. 26th Avenue
Request relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning,
Section 11, Supplemental Regulations, E., requiring
minimum rear setback of 8 feet from the property
line for the construction of a pool, to allow a rear
setback of one (1) foot, a variance of 7 feet within
the R-1-AA zoning district.
Agent:
Owner:
Location:
Description:
Chair Wische explained the variance request and stated that Staff had recommended approval.
Scott and Stephanie Kervern, 1370 S.W. 26th Avenue, Boynton Beach, offered to answer
questions.
Ed Breese, Principal Planner, outlined the adjacent uses to the Kevern's property. The
applicants were requesting a variance to the rear setback to allow for the construction of a
standard size pool approximately 14' by 33'. The homeowners' French doors lead out to the rear
of their residence to a patio, necessitating a distance separation from the pool to create a safe
zone. This led to a proposal to have the pool five feet away from the rear of the house, causing
the pool to be placed one foot from the rear property line. To the rear of the applicant's
property is an 80-foot canal right-of-way, a part that is a 13-15' grassy area, terminating at the
edge of the water by the homeowners' seawall.
Mr. Breese reviewed the variance against the criteria and agreed with the applicants that
granting the variance would not confer on the applicant any special privilege that had been
denied to others in the same zoning district. City records show that out of 489 parcels on the
Plat of Golfview Harbour, Section 2, 113 lots had been the subject of variance approval since
1970 for rear setbacks, and 105 of those 113 lots were located on the water. Denial of the
request could potentially deprive the applicants of rights enjoyed by others in the same area
and same zoning district who have received variances to the rear setback, some of which had
been for pool installation.
Chair Wische opened the floor for public comment, closing it when no one came forward.
Motion
Mr. Baldwin moved to approve the request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, E.,
requiring minimum rear setback of 8 feet from the property line for the construction of a pool,
4
Meetin
Planr'\
Be
n utes
!1d Development Board
'::ach, Florida
March 28, 2006
.-----_._..__.-_..,--_._--_._---_..--_.----_..--_.~-- ----------.---
to al ,ear setback of one (1) foot, a variance of 7 feet within the R-1-AA zoning district.
Mr. Cwynar seconded the motion that passed 7-0.
Attorney T olces commented there were three Lawrence Road items and he asked if the Board
wished to hear all the presentations concurrently. Mr. Weiner, the applicant's representative,
agreed. Chair Wische wished to take the applications in agenda order.
A. Annexation
Description:
Lawrence Road Property (ANEX 06-003)
Brian Terry, Land Design South
Vermac Properties 6 LLC
NE corner of Lawrence Road and 71 st Avenue
South, approximately 350 feet south of Hypoluxo
Road.
Request to annex the subject property
1.
Project:
Agent:
Owner:
Location:
Land Use Amendment/Rezoninq
Descri ption:
Lawrence Road Property (LUAR 06-004)
Brian Terry, Land Design South
Vermac Properties 6 LLC
NE corner of Lawrence Road and 71 st Avenue
South, approximately 350 south of Hypoluxo Road
Request to amend the Comprehensive Plan Future
Land Use Map from MR-5 (Palm Beach County) to
Medium Density Residential (MEDR); and
2.
Project:
Agent:
Owner:
Location:
proposed Use:
Request to rezone from Agricultural Residential
(AR, Palm Beach County) to Planned Unit
Development (PUD)
90 multi-family residential units
New Site Plan
Descri ption:
Lawrence Road Property (NWSP 06-006)
Brian Terry, Land Design South
Vermac properties 6 LLC
NE corner of Lawrence Road and 71 st Avenue
South, approximately 350 south of Hypoluxo Road
Request new site plan approval to construct 90 fee-
simple townhouse units on a 9.35-acre parcel in
the Planned Unit Development (PUD) zoning
district.
3.
Project:
Agent:
Owner:
Location:
Michael Weiner of Weiner & Aronson, P.A., Boynton Beach, explained the applicant had
arranged the presentation to mirror the Staff reports, which addressed zoning and annexation
together and the site plan separately.
5
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVI
VIII.-PUBLIC HEARING
ITEM F.
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final FOffil Must be Turned
in to City Clerk's Office
0 April 4, 2006
1ZI April 18, 2006
0 May 2, 2006
0 May 16, 2006
March 20, 2006 (Noon.)
o June 6, 2006
o June 20, 2006
o July 5, 2006
o July 18, 2006
May 15,2006 (Noon)
April 3,2006 (Noon)
June 5, 2006 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
1ZI Public Hearing
o Bids
o Announcement
o City Manager's Report
.. -
June 19,2006 (Noon)
--
July 3, 2006 (Noon) -_....)
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0 Development Plans . ~
.-
--
0 New Business
0 "-lt~
Legal ...__": ~-Tl
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0 Unfinished Business -1(-,
0 Presentation
April 17, 2006 (Noon)
May 1,2006 (Noon)
RECOMMENDATION: Please place this request on the April 18, 2006 City Commission Agenda under Public
Hearing. The Planning and Development Board recommended that the subject request be approved, subject to all staff
comments, on March 28,2006. For further details pertaining to the request, see attached Department Memorandum No.
06-048.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Commerce Bank @ Winchester Shops (NWSP 06-005)
Kim Glas-Castro, Bonnie Miskel, Ruden McClosky
Commerce Bank, N.A.
389 Winchester Park Boulevard
Request for New Site Plan approval to construct a 4,222 square foot bank and 13,700
square feet of retail space in a C-3 zoning district.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~
City Manager's Signature
Development epartme t Director
7--J L t;
Planning and Zo~ Director City Attorney I Finance I Human Resources
S:IPlanningISHAREDI WPIPROJECTSICommerce BankINWSP\Agenda Item Request Commerce Bank @ Winchester Shops NWSP 06-005 4-18-06.dot
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
TO:
THRU:
FROM:
DATE:
PROJECT NAME/NO:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-048
STAFF REPORT
Chair and Members of the Planning and Development Board
and City Commission
Michael Rumpf
Planning and Zoning Director
Ed Breese ~
Principal Planner
March 13, 2006
Commerce Bank / NWSP 06-005
New Site Plan
Property Owner:
Agent/ Applicant:
Location:
PROJECT DESCRIPTION
Commerce Bank, N.A.
Kim Glas-Castro of Ruden McCloskey
Northwest corner of Boynton Beach Boulevard and
Winchester Park Boulevard (see Exhibit "A" - Location Map)
Existing Land Use/Zoning:
Local Retail Commercial (LRC)/Community Commercial (C-3)
Proposed Land Use/Zoning:
No change
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
East:
Request new site plan approval to construct a 4,222 square foot
bank and 13,709 square feet of retail space
2.40-acres
Developed Wal-Mart Supercenter with a Local Retail Commercial (LRC) land use
designation, zoned Community Commercial (C-3);
Right-of-way for Boynton Beach Boulevard, farther south is a developed commercial
plaza (BJ's Wholesale Club) with a with a Local Retail Commercial (LRC) land use
designation, zoned Planned Commercial Development (PCD);
Right-of-way for Winchester Park Boulevard, farther east is developed commercial
(ABC Fine Wine and Spirits) with a Local Retail Commercial (LRC) land use
designation, zoned Community Commercial (C-3); and
Staff Report - Commerce Bank (NWSP 06-005)
Memorandum No PZ 06-048
Page 2
West: Developed commercial property (Bedding Barn) with a Local Retail Commercial (LRC)
land use designation, zoned Community Commercial (C-3).
Site Characteristic: According to the survey, the subject site is currently vacant. The survey also shows
that a 30-foot wide road right-of-way, which traversed through the interior of the
property, was abandoned according to Official Record Book 2586, Page 1378.
However, a 10-foot wide utility easement currently runs in an east-west direction
along the south property line. This utility easement would not be altered and
would remain in its current state. Also depicted is a 35-foot wide canal easement
oriented in an east-west direction along the north property line.
Proposal:
Concurrency:
Traffic:
Utilities:
Police I Fire:
BACKGROUND
According to public documents, the property was annexed in June 1992 and
acquired by Wal-Mart in November 1999. On September 2,2003, a site plan for a
21, 600 square foot retail plaza named Winchester Commons was approved for the
site. The applicants failed to acquire the necessary permits or request a time
extension within a one (1) year timeframe and the project was abandoned. As a
result, Ms. Kim Glas-Castro, representing new ownership, is requesting site plan
approval for the construction of a 4,222 square foot bank and 13,709 square feet
of retail space on the 2.40-acre parcel.
ANALYSIS
A traffic statement was sent to the Palm Beach County Traffic Division for
concurrency review in order to ensure an adequate level of service. In a response
dated January 17, 2006, Palm Beach County Traffic Division determined that the
project meets the Traffic Performance Standards, provided the design of the site
encourages the use of the Winchester Park Boulevard ingress/egress for motorists
desirous of heading eastbound on Boynton Beach Boulevard. The approval also
suggests the incorporation of an exclusive westbound right-turn (deceleration) lane
into the site from Boynton Beach Boulevard, which the applicant has provided.
The City's water capacity, as increased through the purchase of up to 5 million
gallons of potable water per day from Palm Beach County Utilities, would meet the
projected potable water for this project. Local piping and infrastructure
improvements may be required, especially on the water delivery system for the
project, depending on 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 also currently available to serve the project, subject to
the applicant making a firm reservation of capacity, following approval of the site
plan.
Staff reviewed the site plan and determined that current staffing levels would be
sufficient to meet the expected demand for services.
Staff Report - Commerce Bank (NWSP 06-005)
Memorandum No PZ 06-048
Page 3
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 (see Exhibit "c" - Conditions of Approval).
School: School concurrency is not required for this type of project.
Driveways: The site plan (sheet C-3) shows that one (1) point of ingress/egress is proposed on
Boynton Beach Boulevard. This driveway opening would allow for right turn only
ingress and egress. The Engineering Division of Public Works has reviewed and
approved the proposed deceleration lane and driveway opening. A second point of
ingress/egress is proposed on Winchester Park Boulevard, at the north side of the
property .
Parking Facility: According to the Land Development Regulations, retail uses require one (1) parking
space per 200 square feet of gross floor area. The site plan (sheet C-2) proposes
13,709 square feet of retail area, thereby requiring 69 parking spaces. Banks
require one (1) parking space per 250 square feet of gross floor area. Since the
bank is 4,222 square feet, 17 parking spaces would be required. The site plan
depicts 90 parking spaces, including five (5) designated for handicap use.
Therefore, there would be 4 excess parking spaces provided. A 12' x 35' loading
space has also been provided at the west end of the retail building.
Landscaping:
All spaces, excluding the handicap spaces, would be dimensioned nine (9) feet - six
(6) inches in width and 18 feet - six (6) inches in length. All proposed parking
stalls, including the size and location of the handicap spaces were reviewed and
approved by both the Engineering Division and Building Division.
The proposed open space or "pervious" area would be 26,990 square feet or
25.8% of the total lot. The front (south) landscape buffer would be approximately
12 feet wide west of the entrance off of Boynton Beach Boulevard. East of the
entrance, the front landscape buffer would be 7 feet wide as a result of the
deceleration lane. The landscape plan (sheet LA-1) shows that this buffer would
contain Live Oak shade trees. It would also contain a row of Redtip Cocoplum
hedges and Blue Plumbago shrubs planted in groups. The western perimeter buffer
would contain East Palatka Holly shade trees and clusters of Sabal palm trees with
a row of Redtip Cocoplum hedges installed at the base. The rear (north) perimeter
buffer would contain a row Sabal palm trees with Redtip Cocoplum hedges installed
at the base. The Cocoplum hedge would be planted at increased height to help
provide screening of the drive-thru teller operation on the north side of the bank.
The east perimeter buffer (along Winchester Park Boulevard) appears to be seven
(7) feet in width and would contain the same plant material as the south perimeter
buffer. Additional groundcover plants would also be required along Winchester
Park Boulevard, same as along Boynton Beach Boulevard (see Exhibit "c" -
Conditions of Approval). Other project trees would include Mahogany, Tree
Ligustrum and Purple Glory trees. The signature trees (Purple Glory trees) would
have to have six (6) feet of clear trunk installed within the safe-sight triangle. Other
"shrubs and groundcover" would include the following: Dwarf Yaupon Holly, Wax
Staff Report - Commerce Bank (NWSP 06-005)
Memorandum No PZ 06-048
Page 4
Jasmine, New Gold Lantana, Dwarf Indian Hawthorne, Dwarf ScheffJera and
Viburnum.
Building and Site: The building and site design as proposed would generally meet code requirements
when staff comments are incorporated into the permit drawings. The floor plan for
the retail building (sheet A4.0) shows that the building would contain multiple
tenants with bay sizes ranging from 1,400 square feet to 1,600 square feet in area.
However, the size of each bay could change depending on the needs of the
individual tenants. Additionally, the proposed retail building has been designed as a
one (l)-story structure. The elevations (sheet A5.0) show the top of the parapet
wall at 19 feet - ten (10) inches in height. The peak of the highest roof would be
30 feet in height, well below the maximum of 45 feet allowed in the C-3 zoning
district.
Design:
The Commerce Bank building is designed as a one (l)-story structure, with a taller
lobby area with volume ceilings. The elevations (sheet A300) indicate the top of the
typical parapet wall at nearly 17 feet in height and 26 feet at the entry/lobby, again
well below the maximum of 45 feet allowed in the C-3 zoning district. The covered
drive-thru teller accommodates four (4) drive lanes, located on the north (back)
side of the building. Placing this function to the rear of the building helps screen
this operation from Boynton Beach Boulevard and with the landscaping installed at
a taller specification than minimum code requirements, assists in the screening of
this operation from Winchester Park Boulevard.
Most of the newer commercial buildings constructed within the immediate vicinity
of the subject property (Le. Wal-Mart, ABC Fine Wine and Spirits, Boynton
Commons shopping center) possess desirable architectural characteristics such as
arcades, barrel tile roofs, columns, score lines, and diamond accent markings. The
applicant and staff worked together to incorporate design elements that would
increase compatibility between the proposed building and neighboring commercial
buildings. The retail building incorporates the use of an arcade along the
storefronts, barrel tile roofs at the end caps, decorative columns, cornice and score
lines. As noted, the front fac;ade would be enhanced with an arcade, columns, and
two (2) hip roofs at each end of the building, at a height of 30 feet. The elevations
show that the hip roof red clay spanish tile roofs would reflect a terra-cotta color.
According to the "exterior finish color schedule" shown on sheet A5.0, the main
body color of the retail building would be a light beige: "Chapelle Tint" (MAB
98547-PG). The secondary wall color is proposed as a slightly darker beige:
"Vizcoino Desert" (MAB 98591-D). The accent color of the cornice, reveals and
banding, as well as the storefront frames would be white: "Classic White" (MAB
041-150). The side elevations (east and west) and also the rear elevation are
depicted with canvas awnings over the doors and windows. These arched awnings
are proposed as a black sunbrella material..
The Commerce Bank building utilizes many of the same design features as the
retail building, including colors, identical columns, scoring and reveals, same roof
tile and window frame colors and cornice work.
Staff Report - Commerce Bank (NWSP 06-005)
Memorandum No PZ 06-048
Page 5
Signage:
The elevation page (sheet A300) shows the proposed location of the wall sign for
the Commerce Bank building. The sign would be channel letters and located over
the bank's entrance. The sign would be 32 square feet in size, with the Commerce
Bank script in black and the "c" logo in red. A monument sign is proposed at the
southeast corner of the site, visible from both Boynton Beach Boulevard and
Winchester Park Boulevard. The sign would be approximately six (6) feet in height
and six (6) feet in width, with the address prominently displayed at the top of the
sign. The extruded aluminum sign cabinet would be black, with a white sign face
depicting the same black lettering and red logo as the wall sign.
Sheet A5.0 depicts the typical sign age for the retail building. A sign band has been
designed into the architectural details of the building, over the entrance to each of
the storefront bays. A note indicates that each tenant shall have one and one-half
(1-112) square feet of sign area for each linear foot of building frontage. A sign
detail on the same sheet indicates that the signs are designed as reverse channel
letters, with the individual letters not exceeding 12 inches in height. These letters
are proposed to be "Mediterranean Blue" in color. The proposed sign age area
would comply with the maximum allowable wall signage area permitted by the
Land Development Regulations. This would be consistent with Chapter 9, Section
10.1. of the Land Development Regulations.
RECOMMENDATION:
The Technical Application Review Team (TART) has reviewed this request for new site plan approval and
recommends approval contingent upon satisfying all comments indicated in Exhibit "c" - Conditions of
Approval. Any additional conditions recommended by the Board or City Commission shall be documented
accordingly in the Conditions of Approval.
S:\Planning\Shared\Wp\Projects\Commerce Bank\Staff Report.doc
Location Map
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EXHIBIT B
EXHIBIT "C"
Conditions of Approval
Project name: Commerce Bank
File number: NWSP 06-005
Reference: 2nd review plans identified as a New Site Plan with a February 28, 2006 Planning & Zoning date
stamp marking.
I DEPARTMENTS I INCLUDE I REJECT I
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, Section
10-26 (a).
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
2. Please provide a timeline that clearly illustrates when water and sewer X
services will be required to serve the proposed project. Your starting date
for the timeline should be the date of City Commission approval. Also
provide milestone dates for permit application, the start of construction, and
the setting of the first water meter. This timeline will be used to determine
the adequacy of water and wastewater treatment capacity for your project
upon the project's completion, so please be as accurate as possible.
3. Palm Beach County Health Department permits will be required for the X
water and sewer systems serving this project (CODE, Section 26-12).
4. Fire flow calculations will be required at the time of permitting X
demonstrating the City Code 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)).
5. The CODE, Section 26-34(E) requires that a capacity reservation fee be X
paid for this project either upon the request for the Department's signature
on the Health Department application forms or within seven (7) days of site
plan approval, whichever occurs first. This fee will be determined based
upon final meter size, or expected demand.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
6. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to the
City Utilities Department before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy.
7. A building permit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26- 1 5.
8. Utility construction details will not be reviewed for construction X
acceptability at this time. All utility construction details shall be in
accordance with the Utilities Department's "Utilities Engineering Design
Handbook and Construction Standards" manual (including any updates)
and will be reviewed at the time of construction permit application.
FIRE
Comments:
9. Because the retail building will be in excess of 12,500 square feet, an X
approved NFP A 13 Fire Sprinkler system will be required. This system
shall be monitored by an approved central station and receive a Letter of
Certification from U.L or a placard from Factory Mutual.
10. Provide hydraulic calculations for this site that include water for both the X
fire sprinkler system and the fire hydrants. At least one new hydrant will be
required for this project. No portion of the building shall be further away
than 200 feet from a hydrant.
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
11. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
12. Please note that changes or revisions to these plans may generate additional X
I DEPARTMENTS I INCLUDE I REJECT I
comments. Acceptance of these plans during the Technical Advisory
Review Team (TART) process does not ensure that additional comments
may not be generated by the Commission and at permit review.
13. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X
Section 5.H.) Reference FDOT Standard Index 546 for the sight triangles
on Boynton Beach Blvd. and City Standard P-14 for the sight triangles on
Winchester Park Blvd.
14. 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.
15. 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:
16. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
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 2004 FBC, Section 1609 (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. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
19. 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.
20. 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.
Conditions of Approval
4
DEPARTMENTS
INCLUDE
21. 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.
. If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
. The number of dwelling units in each building.
. The number of bedrooms in each dwelling unit.
. 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)
22. At time of permit review, submit separate surveys of each lot, parcel, or X
tract. 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.
23. 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.
PARKS AND RECREATION
Comments:
24. Irrigation coverage should be 110%, have separate bubblers for each trees, X
separate zones for planting and sod areas, and use a non-potable water
source.
FORESTER/ENVIRONMENTALIST
Comments:
25. The applicant should show an elevation cross-section detail of the actual X
heights of the proposed landscape trees and vegetation at the time of
planting to (proper scale) visually buffer the proposed buildings and parking
lot from the Boynton Beach Boulevard and Winchester Boulevard road
rights-of-ways. The cross-sections and plant specifications should be
amended to reflect the appropriate SIze plant material necessary to
adequately screen the parked cars.
REJECT
DEPARTMENTS INCLUDE REJECT
26. Trees should have separate irrigation bubblers to provide water directly to X
the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.
C.2.]
PLANNING AND ZONING
Comments:
27. Provide paint swatches including manufacture, paint name and color X
number for the elevations of all buildings (Chapter 4, Section 7.D.).
28. The landscape buffers along the rights-of-way must be a minimum of 7 feet X
in width and contain a combination of colorful groundcover plants and a
minimum of two (2) colorful shrub species, which will function as a
continuous hedge (Chapter 7.5, Article II, Section S.D.).
29. Please provide a detail of the typical freestanding outdoor lighting fixture, X
including the overall height, exterior finish and color(s). The design, style,
and illumination level shaIl be compatible with the building design (height)
and shall consider safety, function, and aesthetic value (Chapter 9, Section
10.F.l.).
30. The decorative waIl tiles previously depicted on the front and sides of the X
retail building should be restored on the approved plan and carried through
onto the rear of the building, in the space between the reveal and the parapet
banding, in order to fill in the blank waIl space.
3l. Understand that should the properties be divided and sold at some point in X
the future, appropriate setbacks, landscape buffers, parking counts and other
site issues must be taken into consideration.
32. Cross-access, cross-parking, drainage, and utility easements need to be X
considered in any property transactions that could separate the bank parcel
from the retail building.
33. The applicant is responsible for compliance with Ordinance 05-060, the X
"Art in Public Places" program and must demonstrate their participation.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
l. None X
Conditions of Approval
6
I DEP ARTMENTS I INCLUDE I REJECT I
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S :\Planning\SHAREDI WP\PR OJ ECTS\Commerce Bank\NWSP\COA .doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Commerce Bank
APPLICANT'S AGENT: Kim Glas-Castro of Ruden McCloskey
APPLICANT'S ADDRESS: 222 Lakeview Avenue # 800 West Palm Beach, FL 33401
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 18, 2006
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct a 4,222 square foot bank
and 13,709 square feet of retail space on a 2.40-acre parcel.
LOCATION OF PROPERTY: 389 Winchester Park Blvd.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Commerce Bank\NWSP\DO .doc
Meeting Minutes
Planning and Development Board
_~~yn!on ~eachL~I_or!da______
March 28, 2006
-~----~-
setback of one (1) foot, a variance of 7 feet within
the R-1-AA zoning district.
E. New Site Plan
1.
Project:
Commerce Bank @ Winchester Shops (NWSP
06-005)
Kim Glas-Castro, Bonnie Miskel, Ruden McClosky
Commerce Bank, N .A.
389 Winchester Park Boulevard
Request for new site plan approval to construct a
4,222 square foot bank and 13,709 square foot of
retail space in a C-3 zoning district.
Agent:
Owner:
Location:
Description:
Kim Glas Castro, Ruden McCloskey, spoke on behalf of Commerce Bank, the owner
and applicant. In response to Chair Wische's question, Ms. Castro stated the applicant would
comply with all 33 Staff Conditions of Approval.
Ed Breese, Principal Planner, explained the Commerce Bank at Winchester Shops was a
previously approved project that did not follow through in the timeframe allowed for permitting.
Ms. Castro brought this project forward and it was a hybrid of the previous retail project with
the bank on the corner. Staff recommended approval of the project, subject to the Conditions
of Approval.
Chair Wische opened the floor to the public, and closed it when no one came forward.
Motion
Ms. Johnson moved to approve the request for new site plan approval for Commerce Bank @
Winchester Shops to construct a 4,222 square foot bank and 13,709 square feet of retail space
in a C-3 zoning district, subject to all Conditions of Approval. Mr. Saberson seconded the motion
that passed 7-0.
E. Site Plan Time Extension
Description:
Neptune Commerce Center (SPTE 06-003)
William Wietsma of William Wietsma Co., Inc.
Pelican Estates, Inc.
South side of Neptune Drive, approximately 1,300
feet east of South Congress Avenue
Request for a one-year time extension for a new
site plan approval granted on March 1, 2005, from
March 1, 2006 to March 1, 2007.
1.
Project:
Agent:
Owner:
Location:
Attorney Tolces swore in William Wietsma of William Wietsma Co., Inc. 578 Palm Way,
Gulfstream.
15
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORtYl
VIII.-PUBLIC HEARING
ITEM G.
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 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15,2006 (Noon)
[8] April 18, 2006 April 3,2006 (Noon) D June 20, 2006 June 5, 2006 (Noon) U"_\
-, ~
D May 2, 2006 April 17,2006 (Noon) D July 5, 2006 June ]9,2006 (Noon) .. '"'- ',----"
..
:;-:~J
D May 16, 2006 May],2006 (Noon) D July 18, 2006 Ju]y 3, 2006 (Noon) ...-, ~~
1 "-
-
D -
D Administrative Development Plans , . .-
~-,","i ;'-, ,::J:~
NATURE OF D Consent Agenda D New Business ~~-) -., >
AGENDA ITEM [8] D '"-' " ;\(--,
Public Hearing Legal --'""--
D Bids D UnfInished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the April 18, 2006 City Commission Agenda under Public
Hearing. The Planning and Development Board recommended that the subject request be approved on March 28, 2006.
For further details pertaining to the request, see attached Department Memorandum No. 06-052.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Neptune Commerce Center (SPTE 06-003)
William Wietsma of William Wietsma Co., Inc.
Pelican Estates, Inc.
South side of Neptune Drive, approximately 1,300 feet east of South Congress Avenue
Request for a one year time extension for a new site plan approval granted on March 1,
2005, from March 1, 2006 to March 1, 2007.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
k~
CIty Manager's Signature
Developme
--.._ (,J.7 .( J
Plannmg and Zorlulg Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\ WP\PROJECTS\Neptune Commerce Ctr\NWSP 05-006\SPTE\Agenda Item Request Neptune Commerce Ctr SPTE 06-003 4-] 8-
06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-052
TO:
Chair and Members
Planning & Development Board and City Commission
FROM:
Michael Rumpf
Director of Planning and Zoning
Ed Breese ~
Principal Planner
THRU:
DATE:
March 15, 2006
PROJECT:
Neptune Commerce Center / SPTE 06-003
REQUEST:
Site Plan Time Extension
PROJECT DESCRIPTION
Property Owner: Pelican Estates, Inc.
Applicant / Agent: William Wietsma of William Wietsma Company, Inc.
Location: South side of Neptune Drive, approximately 1,300 feet east of
South Congress Avenue (see Exhibit "A" - Location Map)
Existing Land Use/ Zoning: Industrial (I) / Light Industrial (M-1)
Proposed Land Use/Zoning: No change proposed
Proposed Uses:
Request new site plan approval for a 16,482 square foot industrial building on
a 0.969-acre parcel.
Acreage:
0.969-acres
Adjacent Uses:
North:
Right-of-way for Neptune Drive, then farther north developed industrial property
(Advanced Fabricators) zoned Light Industrial (M-1);
South:
Developed industrial property (Bethesda Service Center) zoned Light Industrial
(M-1);
East:
Developed industrial property (office/warehouses complex) zoned Light
Industrial (M-1); and
West:
Developed industrial property (Finnish Granite) zoned Light Industrial (M-1).
Page 2
Memorandum No. PZ 06-052
BACKGROUND
Mr. William Wietsma, agent for Pelican Estates, Inc, is requesting a one (l)-year time extension for Neptune
Commerce Park Site Plan Development Order (NWSP 05-006) which was approved by the City Commission on
March 1, 2005. The site plan approval is valid for one (1) year from the date of approval, unless a building
permit has been issued or a time extension applied for. If this request for extension were approved, the
expiration date of this site plan, including concurrency certification would be extended to March 1, 2007.
According to the original site plan staff report, Neptune Commerce Park was approved to construct a 16,482
square foot industrial building on a 0.969-acre parcel. The proposed one-story industrial building would be
separated into five (5) individual bays, each with a small office and mezzanine, and a total of approximately
3,200 square feet.
ANALYSIS
According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1)
year to secure a building permit from the Development Department". Examples of building permits include
but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The
Regulations authorize the City Commission to approve one (1) year time extensions, provided that the
applicant files the request prior to the expiration date of the development order. In this case, the applicant
has met that requirement. The Planning & Zoning Division received the application for time extension on
February 15, 2006, which is 14 days before the expiration date of the site plan approval.
According to the time extension application, Mr. Wietsma indicates that they are nearly complete with the
architectural and engineering drawings and that they have applied to the Lake Worth Drainage District for
necessary approvals. However, due to a number of factors, including Hurricane Wilma and the resulting
construction labor and material shortages, they are requesting a one (1) year time extension to gain the
necessary permits and begin construction in a better economic and business climate.
Also, a more formal criterion for evaluating requests for time extensions is compliance with concurrency
requirements. Traffic concurrency was approved with a build-out date of 2005 and no building permits are to
be issued by the City for this project after the 2005 build-out date. Since the applicant has not obtained
building permits for this project, a revised traffic study will be required to be submitted and approved by the
County (see Exhibit "c" - Conditions of Approval). As for utilities, records indicate the utility reservation fee
has not yet been paid, therefore the related condition of approval still stands. The site plan time extension
would still be subject to the original 28 conditions of site plan approval. Lastly, no new land development
regulations are now in place against which the project should be reviewed and modified.
RECOMMENDATION
Staff recommends approval of this request for a (l)-year time extension of the site plan (NWSP 05-006). If
this request for extension were approved, the expiration date of this site plan, including concurrency
certification would be extended to March 1, 2007. If this request for site plan time extension is approved, all
conditions of approval from the original site plan must still be satisfactorily addressed during the building
permit process.
S:\Planning\SHARED\WP\PROJECfS\Neptune Commerce Park\SPTE 06-003\Staff Report.doc
I EXHIBIT A
Neptune Commerce Center
Site Plan Approval
NEPTUNE
en
en
1&1
D:
(:)
Z
o
u
SUMMIT
.
.......................................................u................r
18TH
o
220 440
880
1,320
Feel
1,760
D
N
~XHIBIT B
William Wietsma Company, Ine
578 Palm Way, Gulf Stream, FI. 33483
561/441-8276 Fax 266-5915
./
:1 ~ ,
! i i i FEB , 5 2006
, ,
._.~--- '.'-.-._--- -~. -~--"
February 8, 2006
Ed Breese, Principal Planner
City of Boynton Beach
Planning & Zoning Division
100 E. Boynton Beach, Fl. 33425
Re: Neptune Commerce Center
Dear Mr. Breese:
Due to several factors, including Hurricane Wilma and the resulting construction labor and material
shortages, we are formally requesting a time extension of one year to submit construction documents and
apply for a building permit for the above mentioned project. We have nearly completed all of the
architectural and engineering drawings, and applied to the Lake Worth Drainage District for their approval.
We hope t6 be in a position to proceed with this project in the near future and would hope that the City
would be kind enough to grant this extension request. Thank you in advance for your consideration.
jlh"m,' ce< 'y, _ , ,
~ ~
William Wietsma
EXHIBIT "e"
Conditions of Approval
Project name: Neptune Commerce Center
File number: SPTE 06-003
Reference:
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: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. All previous Conditions of Approval as set forth in the original site plan X
approval (NWSP 05-006) remain in effect.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
2. Prior to issuance of permit, provide updated traffic concurrency approval X
letter from Palm Beach County Traffic Engineering.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
3. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:IPlanning\SHARED\WPIPROJECTS\Neptune Commerce Ctr\NWSP 05-006\SPTE\Condition of Approval 2 page -P&D 2004 form.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Neptune Commerce Center
APPLICANT'S AGENT: William Wietsma
APPLICANT'S ADDRESS: 578 Palm Way, Gulfstream, FL 33483
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 18, 2006
TYPE OF RELIEF SOUGHT: Request Site Plan Time Extension approval for a 16,482 square foot
industrial building in an M-1 zoning district, for one (1) year,
to March 1, 2007
LOCATION OF PROPERTY: South side of Neptune Drive, approximately 1,300 feet east of
Congress Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Neptune Commerce Ctr\NWSP 05-006\SPTE\DO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
March 28, 2006
setback of one (1) foot, a variance of 7 feet within
the R-1-AA zoning district.
E. New Site Plan
1.
Project:
Commerce Bank @ Winchester Shops (NWSP
06-005)
Kim Glas-Castro, Bonnie Miskel, Ruden McClosky
Commerce Bank, N.A.
389 Winchester Park Boulevard
Request for new site plan approval to construct a
4,222 square foot bank and 13,709 square foot of
retail space in a C-3 zoning district.
Agent:
Owner:
Location:
Descri ption:
Kim Glas Castro, Ruden McCloskey, spoke on behalf of Commerce Bank, the owner
and applicant. In response to Chair Wische's question, Ms. Castro stated the applicant would
comply with all 33 Staff Conditions of Approval.
Ed Breese, Principal Planner, explained the Commerce Bank at Winchester Shops was a
previously approved project that did not follow through in the timeframe allowed for permitting.
Ms. Castro brought this project forward and it was a hybrid of the previous retail project with
the bank on the corner. Staff recommended approval of the project, subject to the Conditions
of Approval.
Chair Wische opened the floor to the public, and closed it when no one came forward.
Motion
Ms. Johnson moved to approve the request for new site plan approval for Commerce Bank @
Winchester Shops to construct a 4,222 square foot bank and 13,709 square feet of retail space
in a C-3 zoning district, subject to all Conditions of Approval. Mr. Saberson seconded the motion
that passed 7-0.
E. Site Plan Time Extension
1.
Project:
Agent:
Owner:
Location:
Description:
Neptune Commerce Center (SPTE 06-003)
William Wietsma of William Wietsma Co., Inc.
Pelican Estates, Inc.
South side of Neptune Drive, approximately 1,300
feet east of South Congress Avenue
Request for a one-year time extension for a new
site plan approval granted on March 1, 2005, from
March 1, 2006 to March 1, 2007.
Attorney Tolces swore in William Wietsma of William Wietsma Co., Inc. 578 Palm Way,
Gulfstream.
15
Meeting Minutes
Planning and Development Board
Boynton Beach, !l~rida___~____________~~__ -~-
~.._-- ...-
March 28, 2006
Ed Breese, Principal Planner, reported the applicant had requested a one-year time extension
on the site plan approval and Staff concurred. All plans were in place and permits had been
applied for. The hurricanes of 2005 played a role in building construction costs.
Chair Wische opened the floor for public comment, closing it when no one came forward.
Motion
Mr. Baldwin moved to approve the request for a one-year time extension for a new site plan
approval granted on March 1, 2005, from March 1, 2006 to March 1, 2007 for Neptune
Commerce Center. Mr. Cwynar seconded the motion that passed 7-0.
VIII. Other - None
IX. Comments by Members - None
X. Adjournment
Motion
Mr. Cwynar moved to adjourn the meeting at 8:45 p.m., seconded by Mr. Casaine, and passed
7-0.
Respectfully submitted,
~~"-;
Susan Collins
Recording Secretary
(03-29-06)
16
lX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM A
AGENDA ITEM REQUEST FORi
Requested City Commission Date Fina] Form Must be Turned Requested City Commission Date Fina] Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
D April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May ]5,2006 (Noon)
~ April 18, 2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon)
D May 2, 2006 April 17, 2006 (Noon) D July 5, 2006 June 19,2006 (Noon)
D May J 6, 2006 May 1,2006 (Noon) D July 18, 2006 July 3,2006 (Noon)
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 D Presentation
~ City Manager's Report
RECOMMENDATION: Receive a verbal report from staff, pursuant to a request from the City
Commission, regarding Future Location Options for City Hall
EXPLANATION: In 2002 the City commissioned a Citywide Space Planning Study to determine
operational space requirements for through the year 2020. This study determined that (excluding the
Police Department) city staff would require a minimum of 65,000 square feet vs. the 47,500 square feet
currently available. In light of this study as well as the documented functional and structural
inadequacies of the present City Hall facility, staff has been looking at options for a new City Hall that
would serve the city's needs for the next 30 to 50 years.
PROGRAM IMPACT: To be determined
FISCAL IMPACT: To be determined
AL TERNA TIVES: To be determined
Dc;f1tl{eJ;
City Manager's Signature
Development
Department Name
City Attorney I Finance I Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
IX.-CITY MANAGER'S
REPORT
ITEM B.
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 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
~ April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April ]7,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 16. 2006 May 1,2006 (Noon) D July 18,2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
D Bids 0 Unfinished Business
0 Announcement D Presentation
~ City Manager's Report
RECOMMENDATION: Approve the amendments to the Neighborhood Assistance Program (NAP) application
allowing grant funding for the purchase of emergency generators and ice machines by Homeowners Associations and
Neighborhood Associations.
I. EXPLANATION: The amendments to the NAP application will allow Homeowners Associations and
Neighborhood Associations to apply for grants to purchase emergency generators and ice machines. The
NAP application will now include the following criteria:
· The Association must install the emergency generator or ice machine at a clubhouse or meeting facility
that will accommodate gatherings where any and all relief benefit from the use of the emergency
generator or ice machine must be accessible to all persons associated I affiliated with the Homeowners
Association or Neighborhood Association (not to include personal residences).
· The ice machine must be installed at a clubhouse or meeting facility that is equipped with emergency
generator power.
· Emergency generators must be installed by a licensed electrician.
· Association must provide a copy ofthe invoice from the company that installs the emergency generator.
· Any and all relief benefit from the use of the emergency generator or ice machine must be accessible to all
persons associated I affiliated with the Homeowners Association or Neighborhood Association.
· The City will not provide maintenance for emergency generators or ice machines granted through this
program.
· Association must provide a copy of a current hurricane assistance plan along with this application to be
eligible to receive a grant for an emergency generator or ice machine.
· Sweat Equity is not applicable for emergency generators and ice machines.
PROGRAM IMPACT: The addition of grant funding for emergency generators and ice machines to the
Neighborhood Assistance Program will assist Homeowners Associations and Neighborhood Associations in the
purchasing of equipment to help ensure the safety and well-being of their residents during hurricane events, post-
hurricane and other emergency disaster situations. In addition to the Neighborhood Assistance Program, the City's
Utility Department is in the process of designing an innovative program whereby other clubhouses located adjacent to
City lift stations could share in the cost of a stationary generator that would power the lift station and basic functions
of a clubhouse. This is a pilot program only.
S\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT: The funds will come from the Neighborhood Grant Program account # 001-2417-559-49-65.
FY 2005/2006 Budget $40,000
Current Balance $35,000
Pending Project Estimates $25,000
Available Unencumbered $ 5.000
The City Manager will work on alternative funding sources to augment the Neighborhood Grant Program.
AL TERNA TIVES, Nol to 'pp,o>o Ih, .m,odm,"I, th.t will .IIow ~d'bl' Co, tb, pmh..,
of emergency generators and ice machines.
eM-
City Manager's Signature
Department Name
City Attorney I Finance I Human Resources
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
~u(oJvQ
Neighborhood Assistance Program Application
Neiahborhood Assistance Proaram and Eliaibilitv ReQuirement:
The City of Boynton Beach Neighborhood Assistance Program (NAP) supports
Neighborhood/Home Owner's Associations and their work on significant issues
and concerns. Partnerships with local businesses, religious institutions, social
service agencies and other community resources allow the neighborhoods
access to a wider range of goods, services and financial resources. The NAP
gives neighborhoods access to City grant funds in order to improve the quality of
life in the City's neighborhoods.
1. The City of Boynton Beach has established the Neighborhood Assistance
Program to provide grants to qualified organizations, in order to complete
specified programs and projects. These programs and projects must
constitute and demonstrate a public purpose, and should be easily visible
to the general public.
2. All grant monies and/or materials, under this program, shall be expended
solely for the construction and completion of the specified project and the
City has absolute sole discretion in selecting projects appropriate for the
Neighborhood Assistance Program.
3. Grants are aiven for appropriate structural improvements (Le.: landscapina
entranceway. Association sians). emeraency aenerators and ice
machines.
4. The program is conditioned upon the satisfactory completion of the
project, as well as a contribution of a "Matching Grant" from the Grantee,
as further defined herein.
5. Maximum matching grant award to applicant is $5,000 per year, and
consideration of any matching grant amount above $4,000 will be based
upon demonstration of a critical need involving life, health or safety.
6. The Grantee herby agrees to provide a matching grant in the amount of
$5,000 per year and/or in "Sweat Equity" Volunteer work, which counts as
$10 per hour. "Sweat Equity" is not applicable for emeraency
aenerators or ice machines.
City of Boynton Beach Neighborhood Assistance Program Application
7. Only one grant will be awarded per Association.
8. The Neighborhood/HOA will assume maintenance responsibilities.
9. The City will not provide maintenance on property improvements, unless
there is a prior written agreement to do so.
10. The Neighborhood/HOA Grantee shall adhere to the maintenance plan. If
the project is not maintained per this agreement, the City will send written
notice of default to the Neighborhood/HOA Grantee. The City may rectify
said default and bill the Neighborhood/HOA Grantee for materials and
services performed.
11. The Neighborhood/HOA Grantee acknowledges and agrees that it shall be
liable for the cost of all materials and services incurred by the City in
rectifying said default.
12. The Association must install the emerqency qenerator or ice machine at a
clubhouse or meetinq facility that will accommodate qatherinqs where any
and all relief benefit from the use of the emerqency qenerator or ice
machine must be accessible to all persons associated / affiliated with the
Homeowners Association or Neiqhborhood Association (not to include
personal residences).
13. The ice machine must be installed at a clubhouse or meetinq facility that is
equipped with emerQency Qenerator power.
14. EmerQency qenerators that will be fixed and hard wired must be installed
by a licensed electrician.
15. Any and all relief benefit from the use of the emerqency Qenerator or ice
machine must be accessible to all persons associated / affiliated with the
Homeowners Association or NeiQhborhood Association.
16. The City will not provide maintenance for emerqency qenerators or ice
machines Qranted throuQh this proqram.
17.Association must provide a COpy of a current hurricane assistance plan
alonq with this application to be eliqible to receive a qrant for an
emerQency Qenerator or ice machine.
City of Boynton Beach Neighborhood Assistance Program Application
2
Part A: General Information
Name of Neighborhood/Homeowner's Association:
Number of residents represented:
Are you an incorporated association? DYes DNo
If so, provide a copy of your incorporation 501 (c)(3) form.
Project Contact Person:
Address:
Day Phone
Evening Phone
Part B: Project Information.
Please identify exact location within your neighborhood (attach map):
Explain project purpose:
What specific concerns will this project address?
What benefits will the neighborhood and/or the City realize from this project?
City of Boynton Beach Neighborhood Assistance Program Application
3
Part C: Project Support Does your Association fully support this project?
DYes DNa
Please attach the minutes from the Neighborhood/HOA meeting that shows the
vote for this project.
Please provide letter(s) of support from affected private or public property
owners. These should include letter(s) indicating willingness to sign an Easement
Deed upon approval of the project, or letter(s) from property owner(s) who will
consent to improvement and who will provide maintenance of improvement.
DRequired and provided
DNot Required
DRequired, but not provided. Explain:
Date Prepared:
By (Signature):
Part D: Project Funding
Provide an itemized estimate of the project funding. Attach a separate sheet, if
necessary. (Applications for Qenerators must include manufacturer
specifications) .
Item Description
Unit Cost Qty
Total Cost
City of Boynton Beach Neighborhood Assistance Program Application
4
Amount of City funding requested: $
Amount of matching funds supplied by the Assoc. $
Total Project Cost $
What is the composition of the Association's matching funds?
Cash
$
"Sweat Equity" Volunteer work counts as $10 per hr. $
(Not applicable for emerqency qenerator or ice machine)
Materials
$
$
$
Sales Tax (if applicable)
Other
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . .. $
(Association must provide a copy of invoice from the company that installs the
emerqency qenerator).
Part E: Project Maintenance
Maintenance responsibilities will be assumed by the neighborhood. Please
provide a list of volunteers who agree to provide maintenance. How will this be
provided? How can it be guaranteed?
City of Boynton Beach Neighborhood Assistance Program Application
5
Part F: Attachments
Please list the Attachments to this Application.
Information to be provided by the City.
What is the estimated annual maintenance cost to the City?
The Neighborhood Partnership Program is administered by the Neighborhood
Project Specialist. A selection committee consisting of representatives from
appropriate City departments reviews and evaluates all applications for
recommendation to the City Commission.
If you have any questions, please contact Thelma Lyons, Neighbor Services
Division, City of Boynton Beach, 100 East Boynton Beach Blvd., Boynton Beach,
FL 33435. Phone (561) 742-6029.
City of Boynton Beach Neighborhood Assistance Program Application
6
D
D
D
D
~
D
D
D
o
D
~
CD
City of Boynton Beach
Building Division
GENERATOR (RESIDENTIAL) PERMITTING CHECKLIST
Article 702, 2002 National Electrical Code
All Sub-Permit requests shall be submitted at time of initial application.
Two sets are required for all the items listed below.
D
Site Survev DrawinQ: Show generator and fuel tank location with fuel lines. Show location of all
windows and doors near the generator exhaust (generator shall be 10 feet from all windows and
doors including the neighbors house).
Slab DrawinQ: Show slab size, depth of slab and type of reinforcement used. Specify generator
anchor details to meet Florida Building Code wind loads of 140 mph , enQineerinQ mav be reauired.
Generator spacing from building shall be by manufacturer's specification.
Riser Drawina: Provide an electrical riser drawing, complete with service, panel(s), transfer switch,
main disconnect(s) and generator installation, show wire sizes, provide load calculations for
determining the size of transfer switch and generator.
PipinQ Diaaram: Submit a piping diagram that shows the type of piping material, pipe sizes, valves,
pumps, etc., for the type of fuel to be utilized. Gas piping shall comply with the requirements of the
Florida Building Code and the Florida Fire Prevention Code.
Generator: Provide complete specifications on generator with KW rating (available ampacity of
generator) and type of fuel being used.
Transfer Switch: Required for all generators per N.E.C. 702.6. A portable generator requires a listed
cord and plug connection to building.
Manual Transfer Switch:
A. Sized for the entire load on the service, or
B. Sized for dedicated optional standby N.E.C. 702 panel(s), which may be built into the panel as
a transfer switch with mechanical interlock, or a separate transfer switch. All loads to be
serviced must be identified. Load calculations need to be included. If cord connected, the
receptacle shall be sized for at least the corresponding overcurrent protection at the generator,
or other overcurrent protection device in front of the receptacle, not to exceed the output
capacity of the generator.
Automatic Transfer Switch:
A. Sized to transfer the entire load, or
8. Pre-select the loads to be served with an optional standby and transfer switch;
C. Provide automatic load shedding to reduce total load imposed on generator (not to exceed
output capacity of generator);
D. Use N.E.C. 220.35 calculation for determining existing load.
SiQn: A sign shall be placed at the service-entrance equipment that indicates the location of on-site
optional standby power sources, per N.E.C. 702.8.
Installation: Shall comply with manufacturer's specifications.
Location: If the generator will be located in a common area, written approval from the Homeowner's
Association shall be submitted with permit application.
Fuel: D LP Gas 0 Natural Gas D Other:
S;IDeveJopmentlBuildinglForms_ T emplates-SignsIGenerato's (Residential) Permitting Checklist (10-05, 1-06,3-06)
Page 1 of 4
100 cast Boynton Heach BlVd, PO Hox 310, Boynton BeaCh FL 33425-0310 Phone: 15611142-6350 t-ax: 15611142-6351
DEDICATED SYSTEM WI MANUAL TRANSFER
RESIDENTAL ONLY (NEe 702)
TO
LOADS
SIGN 'PER NEe. 702.8 AT SERVICE
ENTRANCE EQUIPMENT THAT INDlCAlES
LOCATION OF 0PTl0tW. STANDBY POWER
NOTE: ~mustfiB
il aD douded areas,check aD
app/icabIe ba.Yes and open
fiekfs b' permit submitIaI
EXISTING
PANEL
N
BREAKER
PANEL
WARNING
GENERATOR EXHAUST
MUST BE 1U FROM N<<
WINDOWS & DOORS
(SHOW ON SURVEY DRAWING)
GROUND
WIRE
1
B
GENERATOR
r::;;;;>w
awlIMlQlJPllf
GRADE
SlAB & TIE DOWN ~ .
IRE & PIPE SIZE WI BOND
CD
C?)
PLAQUE TO READ
LOAD SHEDDING PRIOR TO
ENERGIZING GENERATOR
AND CIRCUITS LO.
(WHEN
MEANS
TIE DOWN INFO
lYPE & BOLT SIZE
HOW MANY
FUEL CHECK ONE
o lP GAS 0 NA ruRAL GAS
o OTHER
NOT FOR PERMITTING
IlalICAlEDmnEII/lWAW.
Page 2of4 I
100 East Boynton Beach Blvd, PO Box 310, Boynton Beach FL 33425-0310 Phone: (561) 742-6350 Fax: (561) 742-6357
'velopmentlBuildinglFo,ms- Templates-SignslGenerators (Residential) Permitting Checklist (10-05, 1-06,3-06)
WHOLE HOUSE WI AUTOMATIC TRANSFER
RESIDENT AL ONLY (NEe 702)
NOTE: ~1JlISf fill
haB c:bxfed areas,cbeCk all
appicabIe boxes and qleO
fietds for pemit sttJmiItaI
TO
lOADS
SlGNPERN.E.C.702.8ATSERVICE
ENTRANCE EQUIPMENT~T INDIrATES
LOCATION OF 0PT10NAl STANDBY POWER
EXISTING
PANa
BREAKER
PANa
WARNING
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100 East Boynton Beach Blvd, PO Box 310, Boynton Beach FL 33425-0310 Phone: (561) 742-6350 Fax: (561) 742-6357
velopmentlBuildinglForms-Templates-SignsIGenerators (Residential) Permitting Checklist (10-05,1-06,3-06)
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Page4of4
100 East Boynton Beach Blvd, PO Box 310, Boynton Beach FL 33425-0310 Phone: (561) 742-6350 Fax: (561) 742-6357
?velopment\BuildinglForms-Templates-Signs1Generators (Residential) Permitting Checklist (10-05,1-06,3-06)
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,
XI. - NEW BUSINESS
ITEM B.
1-/3- -()t;.
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dOlce -
c;. eJr ~ \)..r
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\1)DA-r
April 10, 2006
Mayor Gerald Taylor
C/o City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Re: Personnel at the Duildin!! Department
Dear Mr. Mayor,
Several months ago I expressed my concern with respect to the continued loss of
personnel in the Building Department. In particular I was concerned that Don Johnson
had resigned and Tim Large was "looking around" for employment because his salary
was sub-standard compared to many other cites in the immediate area. Neither the City
nor the Developers can afford to lose men like Tim Large or Don Johnson.
I am now concerned that the lack of personnel in the Building Department is becoming
detrimental to the plan review processing, obtaining permits, inspectors, and receiving
Certificates of Occupancy in a timely manner.
I ask that the City Commission undertake a study of this problem and arrive at a solution
as quickly as possible. Compson has paid millions of dollars for each of its permits, and
cannot afford to be delayed due to lack of personnel to process our applications, plans,
and permits.
RECEIVED
APR 1 2 2006
CITY Mt~~/.~GER'S OFFICE
'\1ULTI-RESIDENTIAL, RETAIL, AND OFFICE PROPERTIES
FLORIDA OFFICE: BOCA RATON
980 NORTII FEDERAL IDGHWAY, SUITE 200
BOCA RATON, FLORIDA 33432
561.391.6570 FAX 561.391.2423
WASHINGTON OFFICE:
1320 OLD CHAIN BRIDGE ROAD, SUITE 400
McLEAN, VIRGINIA 22101
703.847.0700 FAX 703.893.5763
NEWYORK OFFICE:
3255 BRIGfITON HENRIEITA TOWNUNE ROAD
ROCHESTER,NEWYORK 14623
716.272.0040 FAX 716.272.4689
Mayor Gerald Taylor
Page 2
April 10,2006
To date we have been very pleased with the City's response, but with the amount of new
applications etc. now coming into the City, we are very concerned about the future. We
cannot afford to be delayed due to a lack of personnel, particularly when it can and
should be fixed with simple increases in salaries.
Your prompt attention to this matter will be greatly appreciated.
JC/crd
Cc: (Mr. Kurt Bressner, City Manager, City of Boynton Beach
Mr. Jim Cherof, Esquire, City Attorney, City of Boynton Beach
Commissioner Bob Ensler, City of Boynton Beach
Commissioner Mack McCray, City of Boynton Beach
Commissioner Mike Ferguson, City of Boynton Beach
Commissioner Carl McKoy, City of Boynton Beach
lhe City 0/ Boynton Bea.ch
OFFICE OF THE CITY MANAGER
100 E Boynton &ach Boulevard
p.o. Box 310
Boynton Beach, Ronda 33425-0310
Oty Manager's Office: (561) 742-6010
FAX: (561) 742-6011
e-mail: bressnerk@cl.boynton-beach.ff.us
www..boynton-beach.org
April 13, 2006
Mr. James Comparato
Compson Associates
980 North Federal Highway, Suite 200
Boca Raton, FL 33432
Re: Your Letter to Mayor and City Commission on Staffing in Building Department
Dear Mr. Comparato:
In response to your letter regarding staffing levels in the Building Department the following things
have occurred:
1. Wage and Salary Classification Study is Complete and is implemented. This means that the
pay levels of positions in the Building Department have been evaluated (and increased) to
make the positions more competitive for recruitment and retention. The City Commission
approved that study on February 7,2006.
2. The following positions are being recruited now for the Building Department using the new
pay ranges.
We have been successful in using these ranges in recruiting a new Building Official and an
Application Technician from other municipalities. Both individuals are experienced and seasoned
building professionals. The recruitment for the other positions is progressing to the point of
reference checks. I am advising you of this because the Development Department and our Human
Resources Department moved quickly after the new salary ranges were approved to commence
recruitment. These are facts that you may not have been aware of.
~ A new Building Official, Bill Bucklew, was hired effective March 20, 2006. Mr. Bucklew
was formerly the Director of Building, Planning and Zoning at the City of Lake Worth for
18 years.
~ Carolyn Long, formerly an Application Technician with the City of Delray Beach, has
been hired as an Application Technician. Carolyn will begin working at the City of
Boynton Beach on April 17, 2006.
-2-
>- Interviews have been conducted for a second Application Technician. A qualified
candidate has been identified and the intent is to make the offer next week after the
appropriate approval signatures are obtained. This candidate, who also has previous
Application Technician experience, comes from another municipality.
>- A Plan Review Analyst, Fred Greenburg, began working on April 10, 2006. He was
formerly a Plan Reviewer at the City of Delray Beach,
>- Interviews are currently being conducted for a second vacant Plan Review Analyst
Position.
>- The Building Department is in the process of conducting interviews for the Chief Field
Inspector. Five (5) candidates are being interviewed between April 12, 2006 and April
17, 2006. The plan is to select the most qualified candidate and make a job offer by the
end of April.
>- An Office Assistant vacancy in Building was filled with Bernique Estine who hired
effective April 10, 2006.
As noted above, we have been successful in using these new ranges in recruiting a new
Building Official, Plan Review Analyst and an Application Technician from other municipalities.
Both individuals are experienced and seasoned building professionals. The recruitment for the
other positions is progressing to the point of reference checks. I am advising you of this
because the Development Department and our Human Resources Department moved quickly
after the new salary ranges were approved to commence recruitment. These are facts that you
may not have been aware of.
I understand that Quintus Greene also discussed this briefly with you after the Chamber of
Commerce meeting on Wednesday, April 12th. Also, Mr. Greene is aware that I and the City
Commission are receptive to staffing changes that will improve the productivity and timeliness of
building permits.
If you have any questions regarding the status of recruitment of positions in the Building
Department, please contact me directly.
C: Honorable Mayor and City Commission
Quintus Greene, Director of Development
Sharyn Goebelt, Director of Human Resource
AMERICA'8 GATEWA Y TO THE GULF8TREAM
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOMJ.
XII. - LEGAL
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 C]erk' s Office Meeting Dates in to City Clerk's Office
~ April 4~006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
I.s+ d , . .. ~
IXI April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5,2006 (Noon) -.,
0 :2l1Q R4~. 0 ~
May 2, 2006 April ]7,2006 (Noon) July 5, 2006 June ]9,2006 (Noon) -'1
--
0 May 16,2006 May 1,2006 (Noon) 0 July] 8, 2006 July 3, 2006 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
o Public Hearing
o Bids
o Alillouncement
o City Manager's Report
o Development Plans
o New Business
~ Legal
o Unfinished Business
o Presentation
t--........
'-...-.$
~:---Pi
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RECOMMENDATION: Approval of Ordinance de-annexing property located at 2200 Lake Drive, which is not contiguous
to the boundary of the City of Boynton Beach.
EXPLANATION: The City received a request from the owners of property located at 2200 Lake Drive to have the City
authorize the de-annexation of a portion of their property de-annexed from the City of Boynton Beach. One parcel is located
in the City of Boynton Beach and the adjacent parcel is located in the City of Delray Beach. The property owners would like
to be able to locate their property in only one City. Consequently, the property owners have requested that the City
Commission approve a de-annexation ordinance. The property owner will then petition the City of Delray Beach for
annexation. The City has the authority to approve de-annexation pursuant to Florida Statutes Section 17 I .052.
PROGRAM IMPACT:
FISCAL IMPACT: All assessments or other debt owed to the City of Boynton Beach shall be paid by the property
owner within sixty (60) days of the adoption of the Ordinance.
ALTERNATIVES:
Not approve the de-annexation and the property will remain in Boynton Beach.
~
Department Head's Signature
J.r~
City Manager's Signature
C (T 'I J4 TTt)/eAf,f V
/ Department N~e
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
I ORDINANCE NO. 06
2
:; AN ORDINANCE OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 DEANNEXINGFROM THE CITY OF BOYNTON
6 BEACH, A PARCEL OF LAND LOCATED ON I~AKE
7 DRIVI<~, AS MORE PARTICUL\RLY DESCRIBED
8 HEREIN, REDEFINING THE BOUNDARIES OF THE
9 CITY REMOVING SAJD LAND; PROVIDING FOR
10 THE RIGHTS AND OBLIGATIONS OF SAID LAND;
] 1 PROVIDING A GENERAL REPEAl.ER CLAUSE,
12 PROVIDING A SAVING CLAUSE, AND AN
13 EI<'FECTIVE DATE.
14 \VHEREAS, Gary and Lily Batista are the fee simple owners of a parcel of land
15 located on Lake Drive; and
]6
17 \VHEREAS, the owners have requested to have the subject property de-annexed from
18 the municipal limits of the City of Boynton Beach; and
]9
20 \VJIEREAS, the City of Boynton Beach has heretofore been authorized to de-annex
2] lands in accordance with Section 171.052 of the Florida Statutes; and
22
23 \VHEREAS, the area to be de-annexed is not contiguous by land to the boundary of
24 the City of Boynton; and
25
26 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to
27 be in the best interests of the City to de-annex the area from the City.
28
29 NO\V, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
30 THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLI~OWS:
:; ]
32 Section l. The recitations set forth above are incorporated herein.
33
34 Section 2. The City Commission of the City of Boynton Beach, Palm Beach County,
35 Florida, hereby de-annexes the following described land located in Palm Beach County,
36 Florida to-wit:
37
38 See Exhibit "A"
39
40 Section 3. The property described in Exhibit "A" is not contiguous by land to the
4] municipal limits of the City of Boynton Beach and does not meet the requirements set forth in
42 Florida Statute Section 1 71.043.
43
44 Section 4. That the boundaries of the City of Boynton Beach, Florida, are hereby
45 redefined to remove therein the above-described tract of land and said land is hereby declared
46 to no longer be within the corporate limits of the City of Boynton Beach, Florida.
]
2
3
4
5
6
7
8
9
10
1 ]
]2
13
]4
]5
]6
17
18
]9
20
21
22
23
24
25
26
27
28
29
30
3]
32
33
34
35
36
37
38
39
40
4]
42
43
Section 5. All assessments or other debt owed to the City of Boynton Beach shall be
paid by the property owner within 60 days of the adoption of this ordinance.
Section 6. A public hearing shall be held regarding the de-annexation of this property
on the 18th day of April, 2006.
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 8. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
Section 9. That this ordinance shall become effective upon immediately upon
adoption on second and final reading.
FIRST READING this ~ day of
,2006.
SECOND, FINAL READING AND PASSAGE this _ day of
,2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
ATTEST:
Commissioner
City Clerk
2
ORD NO.
J EXHIBIT "A"
2
:I Beginning at the Northeast comer of Lot A Plat of Lake shore Estates, as recorded in Plat
4 Book 25: Page ~ Public Records of PAlM BEACH Count,y, Florida; 7HENCE South a
5 cIstance d5.30
6 feet THENCE South 8!F55'15" W~ a distance 184A1 feet; 7HENCE South 0004'65" East,
7 a cfJStance d 1Z64 feet; THENCE South 89055'15" W~ a distance of 14.54 feet; THENCE
8 South 00 06' 10 West, a distance of 25.07 feet; THENCE South 8955 15 West, a
9 distance of 21.11 feet; THENCE North a distance of 48.21 feet to the point ofCUTVatue d
I () a curve concave to the southeast with a radius of 150.00 feet a central angle 5 40 06 an
II arc distance of 14.84 feet; THENCE North 2505555" West, a distance of294 feet;
] 2 THENCE North fXf 51' 14" West a distance of2205 feet; THENCE North Ul32 39 East, a
13 distance of 12 74 feet; THENCE North 1tf'1144" East, a distance of 24.61; THENCE
14 North 120 11' 07" East, a distance of 17.11 feet; THENCE North 44045' 40" East, a
] 5 distance of 55.28 feet; THENCE North 5(;'18' 01" East, a distance of 2200 feet; THENCE
16 North 71041'50"East, a distance of21. 18 feet; 7HENCE North 830853East, a distance of
17 125.82 feet; THENCE South 74048' 01" East, a distance of 1.16 feet; THENCE North 00000'
18 00" East, a distance of5.32 feet; THENCE South 165.24 feet to the point of
19 beginning.
20
:I
ORD NO.
I EXHIBIT ""A"
2
3 &ginning at the Northeast comerofLotA, Plat of Lake shore Estates, as recorrJed in Plat
4 Book 24 Page ~ Public Records of PALM BEACH ~ Rorida; THENCE South a
5 cfstance of 5.30
6 feet THENCE South lJ9055'15" We$( a distance 184.41 feet; THENCE South af04'65" East,
7 a distance of 17.64 feet; THENCE South 89055'15" Wes( a distance of 14.54 feet; THENCE
8 South 00 06' 10 West, a distance of 25.07 feet; THENCE South 8955 15 West, a
9 distance of 21.11 feet; THENCE North a distance of 48.21 feet to the point ofcurvatl.reof
] 0 a CUIW caJCaVe to thesoutheast with a radius of 150.00 feet a central angle 54006 an
] ] arc distance of 14.84 feet; THENCE North 2505'555" Wes( a distance of 2.94 feet;
] 2 THENCE North (Xf 51' 14" West a distance of22.05 feet; THENCE North 073239 East, a
] 3 distance of 12.74 feet; THENCE North 1&'1144" East, a distance of 24.61; THENCE
]4 North 12011'07" East, a distance of17.11 feet; THENCE Not1h44045'4O" East, a
15 distance of 55.28 feet; THENCE North 5(;'18'01" East, a distance of 22.00 feet; THENCE
] 6 North 71041'50" East, a distance of21.18 feet; THENCE North 83 08 53 East, a distance of
] 7 125.82 feet; THENCE South 74048'01" East, a distance of 1.16 feet; THENCE North 9(f'OO'
18 00" East, a distance of5.32 feet; THENCE South 165.24 feet to the point of
] 9 beginning.
20
3
ORD NO.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FO~.
XII. - LEGAL
ITEM A.2
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 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15,2006 (Noon)
~ April 18,2006 April 3,2006 (Noon) D June 20, 2006 June 5, 2006 (Noon)
~h.~t
D .'
D May 2,2006 April 17,2006 (Noon) July 5, 2006 June 19,2006 (Noon) -~~:1;
D May 16,2006 May 1,2006 (Noon) D July 18, 2006 July 3, 2006 (Noon)
L~ i
"'-Y:i
~-..l
NATURE OF
AGENDA ITEM
D Administrative
D Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
D Development Plans
D New Business
~ Legal
D Unfinished Business
D Presentation
'''.=/
,
--:; c_:::~
~:=) ~'-:
i-"-i~~
RECOMMENDATION: Please place this request on the April 18, 2006 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission approved the subject request under Public Hearing and Legal,
Ordinance - First Reading on April 4, 2006. For further details pertaining to the request, see attached Department
Memorandum No. 06-034.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Tuscan Villas (aka The Villas at Boynton Beach) (ANEX 06-002)
Wendy Tuma, Urban Design Studios
Tuscan Villas @ Boynton Beach LLC
East side of Federal Highway approximately 1, I 00 feet north of Gulfstream Boulevard
Request to annex 1.311' -acre parcel into the city.
PROGRAM IMPACT: N/A
nSCALIMPACT: N/A
ALTERNATIVES: At ~
Developm~~irector
~,Sd ~~~to, C;ty Attorney / Fmao,e / Hwnan R"Oill'"
S:\Planning\SHARED\WP\PROJECTS\Tuscan Villas\ANEX 06-002\Agenda Item Request Tuscan Villas ANEX 06-002 4.18-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 06-o.3{1
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, ANNEXING 1.341+/- ACRES
5 OF LAND THAT IS CONTIGUOUS TO THE CITY
6 LIMITS \VITHIN PALM BEACH COUNTY AND
7 THAT WILL, UPON ANNEXATION, CONSTITUTE
8 A REASONABLY COMPACT ADDITION TO THE
9 CITY BOUNDARIES; PROVIDING THAT THE
10 PROPER LAND USE DESIGNATION AND
11 PROPER ZONING OF THE PROPERTY SHALL BE
12 REFLECTED IN SEPARATE ORDINANCES TO BE
13 PASSED SIMULTANEOUSLY HEREWITH;
14 PROVIDING FOR CONFLICTS, SEVERABILITY,
15 AND AN EFFECTIVE DATE; PROVIDING THAT
16 THIS ORDINANCE SHALL BE FILED WITH THE
17 CLERK OF THE CIRCUIT COURT OF PALM
18 BEACH COUNTY, FLORIDA, UPON ADOPTION.
19
20 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the
21 development of an Annexation Program; and
22 WHEREAS, the Tuscan Villas @ Boynton Beach LLC, owner, by and through their
23 agent, Wendy Tuma of Urban Design Studio, of the property more particularly described
24 hereinafter, have heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of
25 the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a
26 certain tract of land consisting of approximately 1.341 +/- acres; and
27 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the
28 following tract of land as hereinafter described, in accordance with Article 1, Section 7 (32)
29 of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; and
30 WHEREAS, said tract of land lying and being within Palm Beach County IS
S:ICAIOrdinancesIPlanning\AnnexationsIAnncxation - Tuscan VilJasdoc
1
1 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its
2 annexation, constitute a reasonably compact addition to the City boundary.
3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
4 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
5
Section 1.
That each and every Whereas clause is true and correct.
6
Section 2.
Pursuant to Artic]e 1, Section 7 (32) of the Charter of the City of
7 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described
8 unincorporated and contiguous tract of land situated and lying and being in the County of
9 Palm Beach, Florida, to wit:
10 Lot 1 and Lot IA of KING'S SUBDIVISION, according to the Plat
11 thereof, as recorded in Plat Book 20, Page 47, Public Records of
12 Palm Beach County, F]orida; less the westerly 17 feet of said lots.
13
14 Together With:
15
16 All that part of Lot C of KING'S SUBDIVISION in Section 4,
1 7 Township 46 South, Range 43 East, Palm Beach County, Florida,
18 as per Plat recorded in Plat Book 20, Page 47, Palm Beach County
19 records except the following part thereof: Beginning at the
20 Southwest (SW) comer of said Lot C, and running thence North
21 along the West line thereof a distance of Eighty (80) Feet; thence
22 Easterly in a straight line to the Southeast (SE) comer of said Lot
23 C; thence running West along the South line of said Lot C to the
24 Point Of Beginning. Further less and except the Westerly 17 feet
25 for road right-of-way.
26
27 Containing: 58,412 Square Feet Or 1.341 Acres More or Less.
28
29 Subject to easements, restrictions, reservations and rights-of-way
30 of record.
31
32
33 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be
S:\CA \Ordinances\PlanninglAnnexationslAnnexation - Tuscan Villas.doc
2
1 and become part of the City with the same force and effect as though the same had been
2 originally incorporated in the territorial boundaries thereof.
3
Section3 :
That Section 6 and 6(a) of the Charter of the City of Boynton
4 Beach, Florida, is hereby amended to reflect the annexation of said tract of land more
5 particularly described in Section 2 of this Ordinance.
6
Section 4:
That by Ordinances adopted simultaneously herewith, the
7 proper City zoning designation and Land Use category is being detennined as contemplated
8 in Section 171.162(2), Florida Statutes.
9
Section 5.
All ordinances or parts of ordinances in conflict herewith are
10 hereby repealed.
11 Section 6: Should any section or provision of this Ordinance or any portion
12 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
13 affect the remainder of this Ordinance.
14
Section 7:
This Ordinance shall not be passed until the same has been advertised
15 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton
16 Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes.
17
18
19
Section 8.
This ordinance shall become effective immediately upon passage.
This ordinance, after adoption, shall be filed with the Clerk of the
Section 9.
Circuit Court of Palm Beach County, Florida.
FIRST READING this _ Lf-Ih_ day of ~
,2006.
20
21
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1
SECOND, FINAL READING and PASSAGE this _ day of
2
3
4
5
6
7
8
9
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CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
ATTEST:
Commissioner
City Clerk
(Corporate Seal)
S:\CA \Ordinances\Planning\Annexations\Annexation - Tuscan Villas.doc
4
,2006.
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DMSION
MEMORANDUM NO. PZ 06-034
TO:
FROM:
Chair and Members
Community Redevelopment Agency Board and
Mayor and City Commission
Eric Lee Johnson, AICP r~
Planner
Michael W. Rumpf
Director of Planning and Zoning
THROUGH:
DATE:
March 6, 2006
PROJECT NAME/NUMBER: Tuscan Villas (aka Villas at Boynton Beach)
ANEX 06-002 and LUAR 06-002
REQUEST:
To annex the 1.341-acre parcel; Amend the Future Land Use
designation from Palm Beach County Commercial High, with an
underlying Medium Residential,S units per acre (CH/5) to Special
High Density Residential (SHDR) and rezone from Palm Beach
County Commercial General (CG) to Infill Planned Unit
Development (IPUD)
PROJECT DESCRIPTION
Property Owner:
Tuscan Villas at Boynton Beach, LLC
Applicant{ Agent:
Wendy Tuma / Urban Design Studio
Location:
On east side of Federal Highway approximately 1,100 feet north of
Gulfstream Boulevard (Exhibit "A")
Parcel Size:
:1:1.341 acres
Existing Land Use:
Palm Beach County Commercial High, with an underlying Medium
Residential 5 units per acre (CH/5)
Existing Zoning:
Palm Beach County Commercial General (CG)
Proposed Land Use:
Special High Density Residential (SHDR)
Proposed Zoning:
IPUD Infill Planned Unit Development
Proposed Use:
Townhouse Community
Page 2
File Number: ANEX 06-002 / LUAR 06-002
Name: Tuscan Villas (aka Villas at Boynton Beach)
Adjacent Uses:
North:
Developed commercial (Gulfstream Carpet) designated with Palm
Beach County Commercial High, with an underlying Medium
Residential 5 units per acre (CH/5) land use and zoned Palm Beach
County Commercial General (CG);
South:
Developed commercial (licensed as Supervised Construction
Services), designated with Palm Beach County Commercial High,
with an underlying Medium Residential 5 units per acre (CHIS) land
use and zoned Palm Beach County Commercial General (CG);
East:
Developed single-family residential lots designated with Palm
Beach County Medium Residential,S units per acre (MR-5) land
use and zoned Palm Beach County Single-family Residential (RS);
and
West:
Right-of-way for Federal Highway, then farther west is partially
developed commercial property recently approved for townhouse
units (Gulfstream Gardens) designated with Special High Density
Residential (SHDR) land use and zoned Planned Unit Development
(PUD).
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning for
the following reasons:
1. The requested annexation is consistent with the City's annexation policy; the property is
contiguous to properties lying within the City of Boynton Beach, and forms a reasonably
compact addition to the city boundaries;
2. The future land use amendment is consistent with the policies of the City's
Comprehensive Plan, particularly that portion of policy 1.16.1 defining the Special High
Density Residential land use relative to redevelopment planning, urban densities and
housing opportunities;
3. The proposed redevelopment plan is consistent with the vision and recommendations of
the Federal Hiohwav Corridor Communitv Redevelooment Plan; and,
4. The requested land use amendment and rezoning meet the criteria for review, as
required in the Land Development Regulations.
Page 3
File Number: ANEX 06-002 / LUAR 06-002
Name: Tuscan Villas (aka Villas at Boynton Beach)
PROJECT ANALYSIS
The parcels, which are the subject of this land use amendment, total 1.341 acres. Because of
the size of the property under consideration, the Florida Department of Community Affairs
classifies this amendment 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
subject property is currently developed with an auto dealership (per County DRC Petition#
1994-060).
Master I Site Plan Analysis
The Land Development Regulations require approval of a master plan concurrent with approval
of a rezoning to the IPUD Infill Planned Unit Development district. A site plan approval may
take the place of the master plan, as is requested in this case.
The site plan proposes a 22-unit, townhouse-style condominium development at a gross density
of 16.4 dwelling units per acre (du/ac). Structures are generally proposed at three (3) stories
with the exception of the buildings closest to the single-family neighborhood to the east, where
the easternmost portions of the buildings would be two (2)-stories. The main point of ingress /
egress is proposed on Federal Highway. The street system internal to the development is
generally proposed in a circuitous configuration. The residents would access their garages via
these drive aisles. Pedestrian circulation is separated from the roadways, reducing potential
conflicts with vehicular circulation. Recreation amenities include a swimming pool and cabana
area, centrally located to all proposed units.
The project proposes 22, three (3)-bedroom units and a small recreation facility, and therefore,
requires a total of 44 parking spaces. The site plan shows that each unit would have a two (2)-
car garage, which would thus equate to providing 44 parking spaces. Combining the garage
spaces and 90-degree spaces, the site plan would provide for a total of 48 parking spaces or an
excess of four (4) parking spaces.
The site plan proposes a building setback (from the east property line) that ranges between a
minimum of 11.7 feet to a maximum of 35.2 feet. The accompanying site plan shows that a
buffer wall is proposed along the east property line in conjunction with various trees and shrubs
to provide the necessary buffering between the townhouses and the single-family neighborhood
to the east. The property to the north is zoned County CG and developed with a commercial
use (Gulfstream Carpet). The proposed townhouse buildings would be setback 10.3 feet from
the north property line. This difference in building setbacks between the subject project and
the commercial property to the north is consistent with other residential infill projects reviewed
by the City. The property to the south is also zoned County CG. The townhouse buildings
would be setback between five (5) feet and nine (9) feet. Like the north setback against
commercial zoning, the reduced building setback from the south property line is consistent with
other approved projects. For this new site plan, all proposed building setbacks are consistent
with the existing setbacks within the surrounding neighborhoods and meet the intent of the
IPUD zoning district setback regulations. A more comprehensive discussion of the details will
Page 4
File Number: ANEX 06-002 / LUAR 06-002
Name: Tuscan Villas (aka Villas at Boynton Beach)
be provided by staff as a part of the corresponding site plan review (NWSP 06-002) since a site
plan is substituting for a master plan.
Review Based On Criteria
The criteria used to review Comprehensive Plan amendments and rezonings 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.
Pursuant to Section 9.C.2(2) of the Land Development Regulations, when reviewing requests
for annexation, staff is not required to review the petition against the eight (8) criteria by which
land use amendments and rezonings are to be reviewed as indicated in Section 9.C.7. when the
proposed zoning is consistent with zoning or land use recommendations contained in the
Comprehensive Plan. Usually in those instances, staff analysis relates only to consistency with
other relevant portions of the Comprehensive Plan, the city's annexation program and service
capability. In addition, the requested land use designation and rezoning are for a change to
residential uses; therefore, a review based on the criteria is warranted.
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. The planning department shall also recommend limitations or
requirements, which would have to be imposed on subsequent development of the
property, in order to comply with policies contained in the comprehensive plan.
Over the past several years, the City has seen a shift from the perpetuation of small commercial
uses along the corridor to residential uses, particularly those with densities greater than 10.8
units per acre. Higher density development was facilitated by the City's Comprehensive Plan
through the establishment of the Special High Density Residential (SHDR) land use
classification, intended to support redevelopment in the coastal area. Land use amendments
and rezonings, which change designations from commercial use to residential use, are
particularly consistent with two policies in the Comprehensive Plan:
''Policy 1.17.1 The City shall continue to discourage additional commercial and industrial
uses beyond those which are currently shown on the Future Land Use Map, except where
access is greatest and impacts on residential land uses are least"; and
''Policy 1.19.7 The 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. "
Page 5
File Number: ANEX 06-002/ LUAR 06-002
Name: Tuscan Villas (aka Villas at Boynton Beach)
The subject property, if annexed, would be located in Planning Area V (Entrances to the City) in
the Federal Highwav Corridor Community Redevelooment Plan, which was adopted by the City
on May 16, 2001. The plan's recommendations for this planning area include the following:
"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." (p. 80); and
"Require a transition to the adjacent gateway neighborhoods. Create
development standards in the city 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." (p. 81)
In concert with the recommendations cited, the residential density of the proposed
development will help to support the downtown commercial core, as well as the recognized
commercial nodes in the corridor. In addition, it is proposed at a scale and massing that will
provide a transition into the downtown area, where development standards allow greater
densities and more intense massing of buildings.
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
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the public welfare.
The proposed rezoning would not be contrary to the established (and anticipated) land use
pattern of the immediate vicinity. The proposed annexation / rezoning would not create an
isolated zoning district unto itself but would appropriately relate the subject property with
previously approved townhouse projects within the local area. For example, Gulfstream
Gardens PUD, the closest multi-family townhouse project, is located on west side of Federal
Highway directly across the street from the subject property. Several lots of the Gulfstream
Gardens project were previously located within a small enclave of unincorporated Palm Beach
County. As part of the project, these lots were annexed into the city, and all lots were
collectively rezoned to PUD in order to construct 308 townhouse units. The subject property is
also located within close proximity of other smaller, infill townhouse projects that were recently
rezoned from commercial to residential (PUD and IPUD). For example, Bayfront and Oceanside,
which are two (2) Southern Homes townhouse communities located on the west side of Federal
Highway, just north of the subject property, were rezoned to IPUD and approved for 93
townhouses collectively. Additionally, Waterside, located approximately 800 feet north of the
subject property on the east side of Federal Highway, is another example of a townhouse
community that was annexed into the city and rezoned to IPUD. Rnally, Heritage Club, located
approximately 680 feet south of the subject property on the west side of Federal Highway, was
approved for a mixed-use development that required rezoning from Community Commercial (C-
3) to PUD. These aforementioned projects exemplify the current land use trend, of converting
older and antiquated strip-commercial developments within the Federal Highway corridor into
medium and high-end multi-family residential developments. As evidenced by these example
Page 6
File Number: ANEX 06-0021 LUAR 06-002
Name: Tuscan Villas (aka Villas at Boynton Beach)
projects, the proposed rezoning would not constitute a grant of special privilege to an individual
property owner.
c. Whether changed or changing conditions make the proposed rezoning desirable.
According to Palm Beach County records, an auto sales business has been in existence on the
subject property since 1973. In 1994, the site was approved for County Development Review
Committee (DRC) review because the owner wanted to expand the size of the building. Under
the County Code, auto sales is allowed in the Commercial General (CG) zoning district but only
as a Special Exception, which is analogous to the city's conditional use process. As previously
mentioned, the city has witnessed a steady trend of property owners converting their properties
approved for commercial uses and lor single-family residential uses to multi-family residential
uses within the last five (5) years along the Federal Highway corridor. Often this conversion
serves to remove marginal, and sometimes undesirable, commercial uses. The adoption of the
IPUD regulations in June 2002 provided an attractive incentive for redevelopment and infill
projects on these smaller parcels in the Federal Highway corridor. Townhouses are permitted
uses in the IPUD zoning district. Therefore, these two changes in current conditions serve to
make the proposed rezoning desirable.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
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 reviewed the traffic study for the
proposed land use amendment / rezoning and determined that the accompanying residential
project is located within the County designated "Coastal Residential Exception Area" and
therefore meets the Traffic Performance Standards of Palm Beach County. The accompanying
site plan is expected to generate 175 new daily trips. However, this is 2,593 less trips than if
the property had been built-out to its maximum potential under the current commercial land
use classification.
Maximum Potential Water I Sewer Traffic
Development Population Demand Generation
Potential Trips / day
Existing land Use 60,983 square 15 persons* 7,500 gpd* / 2,768*
(Actual) feet of 7,500 gpd*
commercial *
Proposed Development 22 fee-simple 153 persons 9,560 gpd/ 175
townhouse 4,300 gpd
units
The project is estimated to require a total of 9,560 gallons of potable water per day. The City's
water capacity, as increased through the purchase of up to 5 million gallons of potable water
per day from Palm Beach County Utilities, would meet the projected demand for this project.
Page 7
File Number: ANEX 06-002 / LUAR 06-002
Name: Tuscan Villas (aka Villas at Boynton Beach)
Additionally, sufficient sanitary sewer and wastewater treatment capacity is currently available
to serve the projected total of 4,300 gallons per day.
With respect to solid waste, 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. Regarding school concurrency, the proposed project lies within Concurrency
Service Area (CSA) 19 and 20. Based on the School District's adopted multipliers for a dwelling
unit, the proposed development may generate two (2) elementary school students, one (1)
middle school students, and two (2) high school students. The schools currently serving the
area and their utilization are as follows:
Schools Current Capacity Current Enrollment Utilization%
Plumosa Elementarv School 652 386 59%
Odyssey Middle School 1742 1100 63%
Atlantic HiQh School 2500 2363 95%
On November 18, 2005, the School District issued a Concurrency Determination for the site
plan. The Concurrency Determination is valid for one (1) year from the date of issuance. Once
a Development Order has been issued for the project, the concurrency determination will be
valid for the life of the Development Order. The level of service for school concurrency is
110%. Based on existing utilization, another school would not be necessary to serve the area.
The City's Fire Rescue and Police Departments have reviewed the application and determined
that current staffing levels would be sufficient to meet the expected demand for services.
Lastly, drainage will also be reviewed in detail as part of the review of the site plan approval,
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.
As stated above in response to Criterion "b", the proposed land use and rezoning would be
consistent with the land use and zoning districts approved for the adjacent properties; to the
west (Gulfstream Gardens), to the north (Bayfront, Oceanside, and Waterside), and to the
south (Heritage Club). Any effects on property values would be positive and would help to
increase the city's tax base. The applicant asserts that the project would be a high-quality
townhouse community with excellent landscape and site design which would enhance the
surrounding properties.
Page 8
File Number: ANEX 06-002 / LUAR 06-002
Name: Tuscan Villas (aka Villas at Boynton Beach)
f. Whether the property is physically and economically developable under the existing
zoning.
The property is currently developed with an auto sales business. The economic viability of auto
sales is questionable, considering the size of the property, the magnitude of competitors within
nearby Delray Beach, and the transition to high-density residential uses that is presently
occurring under the guidelines of the Federal Hit}hwav Corridor Community Redevelooment
Plan. The applicant states that "the scarcity of developable real estate east of Federal Highway
has created a great demand for residential property. Based on the analysis, a rezoning from
the existing commercial zoning would enhance the area and create housing needed in the
eastern communities". Staff concurs.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The requested annexation, land use amendment, and rezoning presents the opportunity for
quality redevelopment in a highly visible entrance corridor to the City and would also support
the current trend toward greater residential uses in this area, economic revitalization, and
downtown redevelopment. Ukewise, the proposed zoning district (IPUD) has design guidelines
and fixed requirements built into the regulations to help protect neighborhoods of single-family
detached homes. The accompanying site plan demonstrates compliance with the intent of the
IPUD zoning district. The proposed project would be an appropriate transitional use and
intensity (from Federal Highway).
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
Residential densities of 20 dwelling units per acre are permitted in 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 du/ac;
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 Hiohwav Corridor Community
Redevelooment Plan.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; would
not create additional impacts on infrastructure that cannot be accommodated by existing
capacities; will be compatible with adjacent land uses and will contribute to the overall
economic development of the City. Therefore, staff finds or recommends:
1. That the requested annexation is consistent with the City's annexation policy, the
property is contiguous (across the street) with properties lying within the City of
Boynton Beach, and forms a reasonably compact addition to the city boundaries;
therefore the annexation should be approved;
Page 9
File Number: ANEX 06-002/ LUAR 06-002
Name: Tuscan Villas (aka Villas at Boynton Beach)
2. That the City Commission, acting as the Local Planning Agency, finds the proposed
amendments consistent with the Comprehensive Plan;
3. That the requested land use amendment and rezoning meet or exceed the criteria for
review, as required in the Land Development Regulations;
4. That the proposed redevelopment plan is consistent with the VISion and
recommendations of the Federal Highwav Corridor Community Redevelooment Plan;
therefore,
5. The requested land use amendment and rezoning be approved.
If the Community Redevelopment Agency Board or the City Commission recommends
conditions, they will be included as Exhibit "B".
ATfACHMENTS
S:\PIannlng\SHARED\WP\PROJECTS\Tuscan ViIIas\LUAR 06-002\Staff Report.doc
LOCATION MAP
Tuscan Villas
IPUD
PUD
~
r
s:
C
;:0
C-3
County
CG
PUD
C-3
City Boundary
Gulfstream
OR
Exhibit "A"
nty
RM
TURNER RD
ROSERl's RD
County RM N
. 210 105 0 210 420 630 840 +
I 'Feet
EXHIBIT "B"
Conditions of Approval
Project name:
File number:
Tuscan Villas (aka Villas at Boynton Beach)
ANEX 06-002 and LUAR 06-002
d 0
Reference: Staffrenort Memoran urn P&Z 06- 34
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING & ZONING
Comments: None
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Page 2
Tuscan Villas (aka Villas at Boynton Beach)
File No.: LUAR 06-002
DEPARTMENTS INCLUDE REJECT
Comments:
1. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
2. To be determined.
S:\PJanning\SHARED\WP\PROJECTS\Tuscan Villas\LUAR 06-OO2\COA.doc
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOAA.
XII. - LEGAL
ITEM A.3
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 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May] 5,2006 (Noon)
[8J April ]8,2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) r__::> '-", -~!
--~ ...-.....
0 0 ..,,- .,~.
May 2, 2006 April ]7,2006 (Noon) July 5, 2006 June] 9,2006 (Noon) '-'- (~--'
--';"":
0 May 16,2006 May 1,2006 (Noon) 0 Ju]y ] 8, 2006 July 3, 2006 (Noon) -.
-
'.__J
0 Administrative 0 Development Plans -,
.n
0 0 --~ i-'1
NATURE OF Consent Agenda New Business --~=' -"~'! .......:.--
AGENDA ITEM 0 [8J 'Ie)
Public Hearing Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the April 18, 2006 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission approved the subject request under Public Hearing and Legal,
Ordinance - First Reading on April 4, 2006. For further details pertaining to the request, see attached Department
Memorandum No. 06-034.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Tuscan Villas (aka The Villas at Boynton Beach) (LUAR 06-002)
Wendy Tuma, Urban Design Studios
Tuscan Villas @ Boynton Beach LLC
East side of Federal Highway approximately 1,100 feet north of Gulfstream Boulevard
Request to amend the land use classification from Palm Beach County Commercial High,
with an underlying Medium Residential 5 units per acre (CH/5) to Special High Density
Residential (SHDR.
Proposed use:
22 townhouse-style condominium units on 1.407 -acres.
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES:
~bi_Me
Developme . t pa t Directo
Lc!~
Planning and 20' lrector CIty Attorney I Finance I Human Resources
S:\P]anning\SHARED\WP\PROJECTS\Tuscan Villas\LUAR 06-002\Agenda Item Request Tuscan Villas LUAR 06-002 amend 4-l8-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 06-C:',j I
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38
5 BY AMENDING THE FUTURE LAND USE ELEMENT
6 OF THE COMPREHENSIVE PLAN FOR A PARCEL
7 OWNED BY TUSCAN VILLAS AT BOYNTON BEACH,
8 LI~C., AND LOCATED ON THE EAST SIDE OF
9 FEDERAL HIGHWAY APPROXIMATELY 1,100 FEET
10 NORTH OF GULFSTREAM BOULEV ARD;
11 CHANGING THE LAND USE DESIGNATION FROM
12 PALM BEACH COUNTY COMMERCIAL HIGH, WITH
13 AN UNDERl,YING MEDIUM RESIDENTIAL S UNITS
14 PER ACRE (CHIS) TO SPECIAL HIGH DENSITY
15 RESIDENTIAL (SHDR); PROVIDING FOR
16 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
17 DATE.
18
19 'VHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted
20 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
21 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
22 Comprehensive Planning Act; and
23 'VHEREAS, the procedure for amendment of a Future Land Use Element of a
24 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
25 WHEREAS, after two (2) public hearings the City Commission acting in its dual
26 capacity as Local Planning Agency and City Commission finds that the amendment
27 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
28 the best interest of the inhabitants of said City to amend the aforesaid Element of the
29 Comprehensive Plan as provided.
30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
31 CITY OF BOYNTON BEACH, FLORIDA, THAT:
32 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
S,\CA\Ordinances\Planning\Land Use\Tuscan villas doc
1 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 on the east side of
5 Federal Highway approximately 1,100 feet north ofGulfstream Boulevard in Boynton Beach,
6 Florida shall be changed from Palm Beach County Commercial High, with an underlying
7 Medium Residential 5 units per acre (CH/5) and shall now be designated as Special High
8 Density Residential (SHDR):
9 Lot 1 and Lot lA of KING'S SUBDIVISION, according to the Plat
10 thereof, as recorded in Plat Book 20, Page 47, Public Records of Palm
11 Beach County, Florida; less the westerly 17 feet of said lots.
12
13 Together with:
14
15 All that part of Lot C of KING'S SUBDIVISION in Section 4,
16 Township 46 South, Range 43 East, Palm Beach County, Florida, as
17 per Plat recorded in Plat Book 20, Page 47, Palm Beach County
18 records except the following part thereof: Beginning at the Southwest
19 (SW) comer of said Lot C, and running thence North along the West
20 line thereof a distance of Eighty (80) feet; thence Easterly in a straight
21 line to the Southeast (SE) comer of said Lot C; thence running West
22 along the South line of said Lot C to the Point of Beginning. Further
23 less and except the Westerly 17 feet for road right of way.
24
25 Containing: 58,412 square feet or 1.341 acres more or less.
26
27 Subject to easements, restrictions, reservation and rights of way of record.
28
29
30 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
31 Future Land Use Plan shall be amended accordingly.
32 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
33 Section 5: Should any section or provision of this Ordinance or any portion thereof be
S:\CA\Ordinances\Planning\Land Use\Tuscan Villas.doc
1 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
2 remainder of this Ordinance.
3 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
4 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
5 Land Development Regulation Act. No party shall be vested of any right by virtue of the
6 adoption of this Ordinance until all statutory required review is complete and all legal challenges,
7 including appeals, are exhausted. In the event that the effective date is established by state law or
8 special act, the provisions of state act shall control.
FIRST READING this ~,Jh day of a~~ , 2006.
-~~ /
SECOND, FINAL READING and PASSAGE this ___ day of ~..
9
,2006.
10
11
CITY OF BOYNTON BEACH, FLORIDA
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18
19
20
21
22
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25
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Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
S,\CA\Ordinances\Planning\Land Use\Tuscan villas.doc
DEVELOPMENTDEPAR~ENT
PLANNING It ZONING DMSION
MEMORANDUM NO. PZ 06-034
TO:
Chair and Members
Community Redevelopment Agency Board and
Mayor and City Commission
Eric Lee Johnson, AICP rt
Planner
Michael W. Rumpf
Director of Planning and Zoning
FROM:
THROUGH:
DATE:
March 6, 2006
PROJECT NAME/NUMBER: Tuscan Villas (aka Villas at Boynton Beach)
ANEX 06-002 and LUAR 06-002
REQUEST:
To annex the 1.341-acre parcel; Amend the Future Land Use
designation from Palm Beach County Commercial High, with an
underlying Medium Residential, 5 units per acre (CH/5) to Special
High Density Residential (SHDR) and rezone from Palm Beach
County Commercial General (CG) to Infill Planned Unit
Development (IPUD)
PROJECT DESCRIPTION
Property Owner:
Tuscan Villas at Boynton Beach, LLC
Wendy Tuma / Urban Design Studio
Applicant{ Agent:
Location:
On east side of Federal Highway approximately 1,100 feet north of
Gulfstream Boulevard (Exhibit "A'')
Parcel Size:
:t1.341 acres
Existing Land Use:
Palm Beach County Commercial High, with an underlying Medium
Residential S units per acre (CH/S)
Existing Zoning:
Palm Beach County Commercial General (CG)
Special High Density Residential (SHDR)
Proposed Land Use:
Proposed Zoning:
Proposed Use:
IPUD Inti" Planned Unit Development
Townhouse Community
Page 2
Ale Number: ANEX 06-002 I LUAR 06-002
Name: Tuscan Villas (aka Villas at Boynton Beach)
Adjacent Uses:
North:
Developed commercial (Gulfstream Carpet) designated with Palm
Beach County Commercial High, with an underlying Medium
Residential 5 units per acre (CHIS) land use and zoned Palm Beach
County Commercial General (CG);
South:
Developed commercial (licensed as Supervised Construction
Services), designated with Palm Beach County Commercial High,
with an underlying Medium Residential S units per acre (CHIS) land
use and zoned Palm Beach County Commercial General (CG);
East:
Developed single-family residential lots designated with Palm
Beach County Medium Residential, 5 units per acre (MR-5) land
use and zoned Palm Beach County Single-family Residential (RS);
and
West:
Right-of-way for Federal Highway, then farther west is partially
developed commercial property recently approved for townhouse
units (Gulfstream Gardens) designated with Special High Density
Residential (SHDR) land use and zoned Planned Unit Development
(PUD).
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning for
the following reasons:
1. The requested annexation is consistent with the Oty's annexation policy; the property is
contiguous to properties lying within the City of Boynton Beach, and forms a reasonably
compact addition to the city boundaries;
2. The future land use amendment is consistent with the policies of the City's
Comprehensive Plan, particularly that portion of policy 1.16.1 defining the Special High
Density Residential land use relative to redevelopment planning, urban densities and
housing opportunities;
3. The proposed redevelopment plan is consistent with the vision and recommendations of
the Federal Highwav Conidor Community Redevelooment Plan; and,
4. The requested land use amendment and rezoning meet the criteria for review, as
required in the Land Development Regulations.
Page 3
File Number: ANEX 06-0021 LUAR 06-002
Name: Tuscan Villas (aka Villas at Boynton Beach)
PROJECT ANALYSIS
The parcels, which are the subject of this land use amendment, total 1.341 acres. Because of
the size of the property under consideration, the Aorida Department of Community Affairs
classifies this amendment 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
subject property is currently developed with an auto dealership (per County DRC Petitlon#
1994-060).
Master I Site Plan Analysis
The Land Development Regulations require approval of a master plan concurrent with approval
of a rezoning to the IPUD Infi" Planned Unit Development district. A site plan approval may
take the place of the master plan, as is requested in this case.
The site plan proposes a 22-unlt, townhouse-style condominium development at a gross density
of 16.4 dwelling units per acre (du/ac). Structures are generally proposed at three (3) stories
with the exception of the buildings closest to the single-family neighborhood to the east, where
the easternmost portions of the buildings would be two (2)-storles. The main point of ingress 1
egress is proposed on Federal Highway. The street system Internal to the development is
generally proposed in a drcuitous configuration. The residents would access their garages via
these drive aisles. Pedestrian circulation is separated from the roadways, reducing potential
conflicts with vehicular circulation. Recreation amenities include a swimming pool and cabana
area, centrally located to all proposed units.
The project proposes 22, three (3)-bedroom units and a small recreation facility, and therefore,
requires a total of 44 parking spaces. The site plan shows that each unit would have a two (2)-
car garage, which would thus equate to providing 44 parking spaces. Combining the garage
spaces and 90-degree spaces, the site plan would provide for a total of 48 parking spaces or an
excess of four (4) parking spaces.
The site plan proposes a building setback (from the east property line) that ranges between a
minimum of 11.7 feet to a maximum of 35.2 feet. The accompanying site plan shows that a
buffer wall Is proposed along the east property line in conjunction with various trees and shrubs
to proVide the necessary buffering between the townhouses and. the single-family neighborhood
to the east. The property to the north is zoned County CG and developed with a commerdal
use (Gulfstream Carpet). The proposed townhouse buildings would be setback 10.3 feet from
the north property line. This difference in building setbacks between the subject project and
the commercial property to the north Is consistent with other residential infill projects reviewed
by the City. The property to the south Is also zoned County CG. The townhouse buildings
would be setback between five (5) feet and nine (9) feet. Uke the north setback against
commercial zoning, the reduced building setback from the south property line Is consistent with
other approved projects. For this new site plan, all Proposed building setbacks are consistent
with the existing setbacks within the surrounding neighborhoods and meet the Intent of the
IPUD zoning district setback regulations. A more comprehensive discussion of the details will
Page 4
Ale Number: ANEX 06-002 / LUAR 06-002
Name: Tuscan Villas (aka Villas at Boynton Beach)
be provided by staff as a part of the corresponding site plan review (NWSP 06-002) since a site
plan is substituting for a master plan.
Review Based On Criteria
The criteria used to review Comprehensive Plan amendments and rezonings 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.
Pursuant to Section 9.C.2(2) of the Land Development Regulations, when reviewing requests
for annexation, staff Is not required to review the petition against the eight (8) criteria by which
land use amendments and rezonings are to be reviewed as indicated In Section 9.C.7. when the
proposed zoning is consistent with zoning or land use recommendations contained in the
Comprehensive Plan. Usually in those instances, staff analysis relates only to consistency with
other relevant portions of the Comprehensive Plan, the city's annexation program and service
capability. In addition, the requested land use designation and rezoning are for a change to
residential uses; therefore, a review based on the criteria is warranted.
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. The planning department shall also recommend limitations or
requirements, which would have to be imposed on subsequent development of the
property, in order to comply with policies contained in the comprehensive plan.
Over the past several years, the City has seen a shift: from the perpetuation of small commercial
uses along the corridor to residential uses, particularly those with densities greater than 10.8
units per acre. Higher density development was facilitated by the City's Comprehensive Plan
through the establishment of the Special High Density Residential (SHDR) land use
classification, intended to support redevelopment In the coastal area. Land use amendments
and rezonlngs, which change designations from commercial use to residential use, are
particularly consistent with two policies in the Comprehensive Plan:
''Policy 1.17.1 717e City shall continue to discourage additional commercial and industrial
uses beyond those which are currently shown on the Future Land Use Map, except where
access is greatest and impacts on residential land uses are least'~ and
''Policy 1.19.7 717e 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. H
Page 5
Ale Number: ANEX 06-002 / LUAR 06-002
Name: Tuscan Villas (aka Villas at Boynton Beach)
The subject property, if annexed, would be located In Planning Area V (Entrances to the City) In
the Federal Highwav CotTIdor Community Redevelooment Plan. which was adopted by the City
on May 16, 2001. The plan's recommendations for this planning area Include the following:
"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." (p. 80); and
"Require a transition to the adjacent gateway neighborhoods. Create
development standards in the city 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." (p. 81)
In concert with the recommendations cited, the residential density of the Proposed
development will help to support the downtown commercial core, as well as the recognized
commercial nodes in the corridor. In addition, it is proposed at a scale and massing that will
provide a transition into the downtown area, where development standards allow greater
densities and more intense massing of buildings.
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
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the public welfare.
The proposed rezoning would not be contrary to the established (and anticipated) land use
pattern of the immediate vicinity. The proposed annexation I rezoning would not create an
isolated zoning district unto itself but would appropriately relate the subject property with
previously approved townhouse projects within the local area. For example, Gulfstream
Gardens PUD, the closest multi-family townhouse project, is located on west side of Federal
Highway directly across the street from the subject property. Several lots of the Gulfstream
Gardens project were previously located within a small enclave of unincorporated Palm Beach
County. As part of the project, these lots were annexed into the city, and all lots were
collectively rezoned to PUD In order to construct 308 townhouse units. The subject property is
also located within close proximity of other smaller, Inti" townhouse projects that were recently
rezoned from commercial to residential (PUD and IPUD). For example, Bayfront and Oceanside,
which are two (2) Southern Homes townhouse communities located on the west side of Federal
Highway, just north of the subject property, were rezoned to IPUD and approved for 93
townhouses collectively. Additionally, Waterside, located approximately 800 feet north of the
subject property on the east side of Federal Highway, is another example of a townhouse
community that was annexed Into the city and rezoned to IPUD. Anally, Heritage Club, located
approximately 680 feet south of the subject property on the west side of Federal Highway, was
approved for a mixed-use development that required rezoning from Community Commercial (C-
3) to PUD. These aforementioned projects exemplify the current land use trend, of converting
older and antiquated sbip-commerdal developments within the Federal Highway corridor into
medium and high-end multi-family residential developments. As evidenced by these example
Page 6
Rle Number: ANEX 06-002 / LUAR 06-002
Name: Tuscan Villas (aka Villas at Boynton Beach)
projects, the proposed rezoning would not constitute a grant of special privilege to an Individual
property owner.
c. Whether changed or changing conditions make the proposed rezoning desirable.
According to Palm Beach County records, an auto sales business has been in existence on the
subject property since 1973. In 1994, the site was approved for County Development Review
Committee (DRC) review because the owner wanted to expand the size of the building. Under
the County Code, auto sales is allowed in the Commercial General (CG) zoning district but only
as a Special Exception, which is analogous to the city's conditional use process. As previously
mentioned, the city has witnessed a steady trend of property owners converting their properties
approved for commercial uses and lor single-family residential uses to multi-family residential
uses within the last five (5) years along the Federal Highway corridor. Often this conversion
serves to remove marginal, and sometimes undesirable, commercial uses. The adoption of the
IPUD regulations in June 2002 provided an attractive incentive for redevelopment and infill
projects on these smaller parcels in the Federal Highway corridor. Townhouses are permitted
uses in the IPUD zoning district. Therefore, these two changes in current conditions serve to
make the proposed rezoning desirable.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public fadlities.
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 reviewed the traffic study for the
proposed land use amendment / rezoning and determined that the accompanying residential
project is located within the County designated "Coastal Residential Exception Area" and
therefore meets the Traffic Performance Standards of Palm Beach County. The accompanying
site plan is expected to generate 175 new daily trips. However, this is 2,593 less trips than if
the property had been built-out to its maximum potential under the current commercial land
use dassification.
Maximum Potential Water I Sewer Traffic
Development Population Demand Generation
Potential Trips I day
Existing Land Use 60,983 square 15 persons* 7,500 gpd* / 2,768*
(Actual) feet of 7,500 gpd*
commercial *
Proposed Development 22 fee-simple 153 persons 9,560 gpd/ 175
townhouse 4,300 gpd
units
The project Is estimated to require a total of 9,560 gallons of potable water per day. The City's
water capacity, as Increased through the purchase of up to 5 million gallons of potable water
per day from Palm Beach County Utilities, would meet the projected demand for this project.
Page 7
Ale Number: ANEX 06-002 / lUAR 06-002
Name: Tuscan Villas (aka Villas at Boynton Beach)
Additionally, sufficient sanitary sewer and wastewater treatment capacity Is currently available
to serve the projected total of 4,300 gallons per day.
With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that
adequate capacity exists to accommodate the county's municipalities throughout the lO-year
planning period. Regarding school concurrency, the proposed project lies within Concurrency
Service Area (CSA) 19 and 20. Based on the School District's adopted multipliers for a dwelling
unit, the proposed development may generate two (2) elementary school students, one (1)
middle school students, and two (2) high school students. The schools currently serving the
area and their utilization are as follows:
Schools Current Capacity Current Enrollment utilization%
Plumosa Elementary School 652 386 59%
Odvssev Middle School 1742 1100 63%
Atlantic Hioh School 2500 2363 95%
On November 18, 2005, the School District issued a Concurrency Determination for the site
plan. The Concurrency Determination is valid for one (1) year from the date of issuance. Once
a Development Order has been issued for the project, the concurrency determination will be
valid for the life of the Development Order. The level of service for school concurrency is
110%. Based on existing utilization, another school would not be necessary to serve the area.
The City's Are Rescue and Police Departments have reviewed the application and determined
that current staffing levels would be sufficient to meet the expected demand for services.
lastly, drainage will also be reviewed in detail as part of the review of the site plan approval,
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.
As stated above in response to Criterion "b", the proposed land use and rezoning would be
consistent with the land use and zoning districts approved for the adjacent properties; to the
west (Gulfstream Gardens), to the north (Bayfront, Oceanside, and Waterside), and to the
south (Heritage Club). Any effects on property values would be positive and would help to
increase the city's tax base. The applicant asserts that the project would be a high-quality
townhouse community with excellent landscape and site design which would enhance the
surrounding properties.
Page 8
File Number: ANEX 06-002/ LUAR 06-002
Name: Tuscan Villas (aka Villas at Boynton Beach)
f. Whether the property is physically and economically developable under the existing
zoning.
The property is currently developed with an auto sales business. The economic viability of auto
sales Is questionable, considering the size of the property, the magnitude of competitors within
nearby Delray Beach, and the transition to high-density residential uses that is presently
occurring under the guidelines of the Federal Highwav Corridor Community Redevelooment
Plan. The applicant states that "the scarcity of developable real estate east of Federal Highway
has created a great demand for residential property. Based on the analysis, a rezoning from
the existing commercial zoning would enhance the area and create housing needed in the
eastern communities". Staff concurs.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The requested annexation, land use amendment, and rezoning presents the opportunity for
quality redevelopment in a highly visible entrance corridor to the City and would also support
the current trend toward greater residential uses in this area, economic revitalization, and
downtown redevelopment. Ukewise, the proposed zoning district (IPUD) has design guidelines
and fixed requirements built into the regulations to help protect neighborhoods of single-family
detached homes. The accompanying site plan demonstrates compliance with the intent of the
IPUD zoning district. The proposed project would be an appropriate transitional use and
intensity (from Federal Highway).
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
Residential densities of 20 dwelling units per acre are permitted in 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 du/ac;
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 Highwav Corridor Community
Redevelopment Plan.
CONCLUSIONS/RECOMMENDA1l0NS
As Indicated herein, this request is consistent with the intent of the Comprehensive Plan; would
not create additional impacts on infrastructure that cannot be accommodated by existing
capacities; will be compatible with adjacent land uses and will contribute to the overall
economic development of the Oty. Therefore, staff finds or recommends:
1. That the requested annexation is consistent with the City's annexation policy, the
property is contiguous (across the street) with properties lying within the Oty of
Boynton Beach, and forms a reasonably compact addition to the dty boundaries;
therefore the annexation should be approved;
Page 9
File Number: ANEX 06-002/ LUAR 06-002
Name: Tuscan Villas (aka Villas at Boynton Beach)
2. That the aty Commission, acting as the Local Planning Agency, finds the proposed
amendments consistent with the Comprehensive Plan;
3. That the requested land use amendment and rezoning meet or exceed the criteria for
review, as required In the Land Development Regulations;
4. That the proposed redevelopment plan Is consistent with the VISIon and
recommendations of the Federal Highwav Corridor Community Redevelooment Plan;
therefore,
5. The requested land use amendment and rezoning be approved.
If the Community Redevelopment Agency Board or the City Commission recommends
conditions, they will be included as Exhibit "B".
AlTACHMENTS
S:\PIaMlng\SHARED\WP\PROJECTS\TUSC3Il VIlas\lUAR 06-002\Sta1f Report.doc
LOCATION MAP
Tuscan Villas
Exhibit "A"
PUD
IPUD
TURNERRO
~
.-
~
C
"
C-3
County
CG
RoaERTSRO
PUD
Gulfstream
OR
.
210 105 0
I
210
420
630
840
'Feet
N
+
EXHIBIT "B"
Conditions of Approval
Project name:
File number:
Tuscan Villas (aka Villas at Boynton Beach)
ANEX 06-002 and LUAR 06-002
S ff M d P&Z 06-034
Reference: ta renort emoran urn
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING & WNING
Comments: None
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Page 2
Tuscan Villas (aka Villas at Boynton Beach)
File No.: LUAR 06-002
DEPARTMENTS INCLUDE REJECT
Comments:
1. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
2. To be determined.
S :\Planning\SHARED\ WP\PROJECfS\Tuscan Villas\LUAR 06-002\COA.doc
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XII. - LEGAL
CITY OF BOYNTON BEACH ITEM A.4
AGENDA ITEM REQUEST FOR
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
0 April 4, 2006
[;gI April 18, 2006
0 May 2, 2006
0 May 16, 2006
March 20, 2006 (Noon.) D June 6, 2006
April 3,2006 (Noon) D June 20, 2006
April 17,2006 (Noon) D July 5, 2006
May 1,2006 (Noon) D July 18, 2006
NATURE OF
AGENDA ITEM
D Administrative
D Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
May 15,2006 (Noon)
June 5, 2006 (Noon)
I
June 19,2006 (Noon) en
-cJ
July 3, 2006 (Noon)
0
D Development Plans
D New Business
~ Legal
D Unfinished Business
D Presentation
----
1 '".
...
,~~
--'-
RECOMMENDATION: Please place this request on the April 4, 2006 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission approved the subject request under Public Hearing and Legal,
Ordinance - First Reading on April 4, 2006. For further details pertaining to the request, see attached Department
Memorandum No. 06-034.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Tuscan Villas (aka The Villas at Boynton Beach) (LUAR 06-002)
Wendy Tuma, Urban Design Studios
Tuscan Villas @ Boynton Beach LLC
East side of Federal Highway approximately 1,100 feet north of Gulfstream Boulevard
Request to rezone from Palm Beach County Commercial General (CG) to lnfill Planned
Unit Development (IPUD).
Proposed use:
22 townhouse-style condominium units on I A07-acres.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
&"
Developm t eprtment Director
~7~
Planning an Zoning j!1tr ctor City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Tuscan Villas\LUAR 06-002\Agenda Item Request Tuscan Villas LUAR 06-002 rezone 4-18-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 06- O?>~;{"
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FI~ORlDA, REGARDING THE
5 APPLICA 1'1 ON OF \VENDY TUMA OF URBAN
6 DESIGN STUDIO, AMENDING ORDINANCE 02-
7 013 TO REZONE A PARCEL OF LAND LOCATED
8 ON THE EAST SInE OF FEDERAL HIGHWAY
9 APPROXIMATELY 1,100 FEET NORTH OF
10 GULFSTREAM BOULEVARD, AS MORE FULL Y
11 DESCRIBED HEREIN, FROM P AI~M BEACH
12 COUNTY COMMERCIAl, GENERAL (CG) TO
13 INFILL PLANNED UNIT DEVELOPMENT (IPUD);
14 PROVIDING FOR CONFLICTS, SEVERABII,ITY,
15 AND AN EFFECTIVE DATE.
16
1 7 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
18 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City;
19 and
20 \VHEREAS, Tuscan Villas at Boynton Beach, LLC, owner of the property located on
21 the east side of Federal Highway approximately 1,100 feet north of Gulfstream Boulevard in
22 Boynton Beach, Florida, as more particularly described herein, has filed a Petition, through
23 its agent, Urban Design Studio, pursuant to Section 9 of Appendix A-Zoning, of the Code of
24 Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land, said
25 land being more particularly described hereinafter, Palm Beach County Commercial General
26 (CG) to InfilI Planned Unit Development (lPUD); and
27 WHEREAS, the City Commission conducted a public hearing and heard testimony
28 and received evidence which the Commission finds supports a rezoning for the property
29 hereinafter described; and
30 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
S:\('A\Ordmances\.Planning\Rezoning\Rezoning . Tuscan Villas doc
1 an amendment to the Land Use which was contemporaneously considered and approved at
2 the public hearing heretofore referenced; and
3 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
4 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
6 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
7
8 herein by this reference.
9
Section 2.
The following described land located on the east side of Federal
10 Highway approximately 1,100 feet north of Gulfstream Boulevard in the City of Boynton
11 Beach, Florida, as set forth as follows:
12 Lot 1 and Lot 1A of KING'S SUBDIVISION, according to the Plat
13 thereof, as recorded in Plat Book 20, Page 47, Public Records of
14 Palm Beach County, Florida; less the westerly 17 feet of said lots.
15
16 Together with:
17
18 All that part of Lot C of KING'S SUBDIVISION in Section 4,
19 Township 46 South, Range 43 East, Palm Beach County, Florida,
20 as per Plat recorded in Plat Book 20, Page 47, Palm Beach County
21 records except the following part thereof: Beginning at the
22 Southwest (SW) comer of said Lot C, and running thence North
23 along the West line thereof a distance of Eighty (80) feet; thence
24 Easterly in a straight line to the Southeast (SE) comer of said Lot
25 C; thence running West along the South line of said Lot C to the
26 Point of Beginning. Further less and except the Westerly 17 feet
27 for road right of way.
28
29 Containing: 58,412 square feet or 1.341 acres more or less.
30
31 Subject to easements, restrictions, reservations and rights-of-way
32 of record.
33
34 be and the same is hereby rezoned from Palm Beach County Commercial General (CG) to
S:\CA \Ordinances\Planning\Rezoning\Rezoning - Tuscan Villas doc
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
1 Infill Planned Unit Development (IPUD). A location map is attached hereto as Exhibit "A"
2 and made a part of this Ordinance by reference.
3 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
4 accordingly.
5
Section 4. All ordinances or parts of ordinances In conflict herewith are hereby
6 repealed.
7 Section 5. Should any section or provision of this Ordinance or any portion thereof
8 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
9 remainder of this Ordinance.
10 Section 6. This ordinance shall become effective immediately upon passage.
FIRST READING this .Lj../h day of ~~ , 2006.
SECOND, FINAL READING and PASSAGE this _~ day of ~
11
12
,2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
ATTEST:
Commissioner
City Clerk
(Corporate Seal)
S:\CA \Ordinances\Planning\Rezoning\Rezoning - Tuscan Villas.doc
~....
.
C-3
PUD
210 105
I
LOCATION MAP
Tuscan Villas
IPUD
TURNER RD
~
PUD
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County
CG
C-3
City Boundary
Gulfstream
OR
County RM
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210
420
630 840
I Feet
Exhibit "Au
N
+
DEVELOPMENT DEPARTMENT
PLANNING It ZONING DMSION
MEMORANDUM NO. PZ 06-034
TO:
Chair and Members
Community Redevelopment Agency Board and
Mayor and City Commission
Eric Lee Johnson, AICP r
Planner
Michael W. Rumpf
Director of Planning and Zoning
FROM:
THROUGH:
DATE:
March 6, 2006
PROJECT NAME/NUMBER: Tuscan Villas (aka Villas at Boynton Beach)
ANEX 06-002 and LUAR 06-002
REQUEST:
To annex the 1.341-acre parcel; Amend the Future Land Use
designation from Palm Beach County Commercial High, with an
underlying Medium Residential, 5 units per acre (CH/5) to Special
High Density Residential (SHDR) and rezone from Palm Beach
County Commercial General (CG) to Infill Planned Unit
Development (IPUD)
PROJECT DESCRIPTION
Property Owner:
Tuscan Villas at Boynton Beach, LLC
Applicant! Agent:
Wendy Tuma / Urban Design Studio
Location:
On east side of Federal Highway approximately 1,100 feet north of
Gulfstream Boulevard (Exhibit "A'')
Parcel Size:
:t1.341 acres
Existing Land Use:
Palm Beach County Commercial High, with an underlying Medium
Residential 5 units per acre (CHIS)
Existing Zoning:
Palm Beach County Commerdal General (CG)
Special High Density Residential (SHDR)
IPUD Intill Planned Unit Development
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Townhouse Community
Page 2
Ale Number: ANEX 06-002 I LUAR 06-002
Name: Tuscan Villas (aka Villas at Boynton Beach)
Adjacent Uses:
North:
Developed commercial (Gulfstream Carpet) designated with Palm
Beach County Commercial High, with an underlying Medium
Residential 5 units per acre (CHIS) land use and zoned Palm Beach
County Commercial General (CG);
South:
Developed commercial (licensed as Supervised Construction
Services), designated with Palm Beach County Commercial High,
with an underlying Medium Residential S units per acre (CHIS) land
use and zoned Palm Beach County Commercial General (CG);
Developed single-family residential lots designated with Palm
Beach County Medium Residential, S units per acre (MR-5) land
use and zoned Palm Beach County Single-family Residential (RS);
and
East:
West:
Right-of-way for Federal Highway, then farther west Is partially
developed commercial property recently approved for townhouse
units (Gulfstream Gardens) designated with Special High Density
Residential (SHDR) land use and zoned Planned Unit Development
(PUD).
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning for
the following reasons:
1. The requested annexation Is consistent with the City's annexation policy; the property is
contiguous to properties lying within the City of Boynton Beach, and forms a reasonably
compact addition to the city boundaries;
2. The future land use amendment is consistent with the policies of the CIty's
Comprehensive Plan, particularly that portion of policy 1.16.1 defining the Special High
Density Residential land use relative to redevelopment planning, urban densities and
housing opportunities;
3. The proposed redevelopment plan Is consistent with the vision and recommendations of
the Federal HitJhwav Conidor Community Redevelopment Plan; and,
4. The requested land use amendment and rezoning meet the criteria for review, as
required in the Land Development Regulations.
Page 3
File Number: ANEX 06-002 I LUAR 06-002
Name: Tuscan Villas (aka Villas at Boynton Beach)
PROJECT ANALYSIS
The parcels, which are the subject of this land use amendment, total 1.341 acres. Because of
the size of the property under consideration, the Rorida Department of Community Affairs
classifies this amendment as a "small scale" amendment. A "small-scale" amendment is
adopted prior to forwarding to the Rorida Department of Community Affairs and is not reviewed
for compliance with the state, regional, and local comprehensive plans prior to adoption. The
subject property is currently developed with an auto dealership (per County DRC Petition#
1994-060).
Master I Site Plan Analvsis
The Land Development Regulations require approval of a master plan concurrent with approval
of a rezoning to the IPUD Infill Planned Unit Development district. A site plan approval may
take the place of the master plan, as is requested in this case.
The site plan proposes a 22-unit, townhouse-style condominium development at a gross density
of 16.4 dwelling units per acre (du/ac). Structures are generally proposed at three (3) stories
with the exception of the buildings closest to the single-family neighborhood to the east, where
the easternmost portions of the buildings would be two (2)-stories. The main point of ingress /
egress is proposed on Federal Highway. The street system internal to the development is
generally proposed in a circuitous configuration. The residents would access their garages via
these drive aisles. Pedestrian circulation is separated from the roadways, reducing potential
conflicts with vehicular circulation. Recreation amenities include a swimming pool and cabana
area, centrally located to all proposed units.
The project proposes 22, three (3)-bedroom units and a small recreation facility, and therefore,
requires a total of 44 parking spaces. The site plan shows that each unit would have a two (2)-
car garage, which would thus equate to providing 44 parking spaces. Combining the garage
spaces and 9o-degree spaces, the site plan would prOvide for a total of 48 parking spaces or an
excess of four (4) parking spaces.
The site plan proposes a building setback (from the east property line) that ranges between a
minimum of 11.7 feet to a maximum of 35.2 feet. The accompanying site plan shows that a
buffer wall is proposed along the east property line in conjunction with various trees and shrubs
to provide the necessary buffering between the townhouses and the single-family neighborhood
to the east. The property to the north is zoned County CG and developed with a commercial
use (Gulfstream Carpet). The proposed townhouse buildings would be setback 10.3 feet from
the north property line. This difference In building setbacks between the subject project and
the commercial property to the north Is consistent with other residential infill projects reviewed
by the aty. The property to the south is also zoned County CG. The townhouse buildings
would be setback between five (5) feet and nine (9) feet. Uke the north setback against
commercial zoning, the reduced building setback from the south property line is consistent with
other approved projects. For this new site plan, all proposed building setbacks are consistent
with the existing setbacks within the surrounding neighborhoods and meet the Intent of the
IPUD zoning district setback regulations. A more comprehensive discussion of the details will
Page 4
Ale Number: ANEX 06-002/lUAR 06-002
Name: Tuscan Villas (aka Villas at Boynton Beach)
be provided by staff as a part of the corresponding site plan review (NWSP 06-002) since a site
plan is substituting for a master plan.
Review Based On Criteria
The criteria used to review Comprehensive Plan amendments and rezonings 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.
Pursuant to Section 9.C.2(2) of the land Development Regulations, when reviewing requests
for annexation, staff is not required to review the petition against the eight (8) criteria by which
land use amendments and rezonings are to be reviewed as indicated in Section 9.C.7. when the
proposed zoning is consistent with zoning or land use recommendations contained in the
Comprehensive Plan. Usually in those instances, staff analysis relates only to consistency with
other relevant portions of the Comprehensive Plan, the city's annexation program and service
capability. In addition, the requested land use designation and rezoning are for a change to
residential uses; therefore, a review based on the criteria is warranted.
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 Gty's risk
manager. The planning department shall also recommend limitations or
requirements, which would have to be imposed on subsequent development of the
property, in order to comply with policies contained in the comprehensive plan.
Over the past several years, the City has seen a shift from the perpetuation of small commercial
uses along the corridor to residential uses, particularly those with densities greater than 10.8
units per acre. Higher density development was facilitated by the Oty's Comprehensive Plan
through the establishment of the Special High Density Residential (SHDR) land use
classification, intended to support redevelopment in the coastal area. land use amendments
and rezonings, which change designations from commerdal use to residential use, are
particularly consistent with two polides In the Comprehensive Plan:
''Policy 1.17.1 The Gty shall continue to discourage additional commercial and industrial
uses beyond those which are currently shown on the Future Land Use Map, except where
access is greatest and impacts on residential land uses are least"; and
''Policy 1.19.7 The Gty 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. "
Page 5
File Number: ANEX 06-002 / LUAR 06-002
Name: Tuscan Villas (aka Villas at Boynton Beach)
The subject property, if annexed, would be located In Planning Area V (Entrances to the Oty) In
the Federal Highwav Corridor Community Redevelooment Plan, which was adopted by the City
on May 16, 2001. The plan's recommendations for this planning area Include the following:
"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." (p. 80); and
"Require a transition to the adjacent gateway neighborhoods. Create
development standards in the city 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." (p. 81)
In concert with the recommendations cited, the residential density of the proposed
development will help to support the downtown commercial core, as well as the recognized
commercial nodes in the corridor. In addition, it is proposed at a scale and massing that will
provide a transition into the downtown area, where development standards allow greater
densities and more intense massing of buildings.
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
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the public welfare.
The proposed rezoning would not be contrary to the established (and anticipated) land use
pattern of the immediate vicinity. The proposed annexation / rezoning would not create an
isolated zoning district unto itself but would appropriately relate the subject property with
previously approved townhouse projects within the local area. For example, Gulfstream
Gardens PUD, the closest multi-family townhouse project, is located on west side of Federal
Highway directly across the street from the subject property. Several lots of the Gulfstream
Gardens project were previously located within a small enclave of unincorporated Palm Beach
County. As part of the project, these lots were annexed into the city, and all lots were
collectively rezoned to PUD in order to construct 308 townhouse units. The subject property is
also located within close proximity of other smaller, intill townhouse projects that were recently
rezoned from commercial to residential (PUD and IPUD). For example, Bayfront and Oceanside,
which are two (2) Southern Homes townhouse communities located on the west side of Federal
Highway, just north of the subject property, were rezoned to IPUD and approved for 93
townhouses collectively. Additionally, Waterside, located approximately 800 feet north of the
subject property on the east side of Federal Highway, is another example of a townhouse
community that was annexed into the city and rezoned to IPUD. Anally, Heritage Club, located
approximately 680 feet south of the subject property on the west side of Federal Highway, was
approved for a mixed-use development that required rezoning from Community Commercial (C-
3) to PUD. These aforementioned projects exemplify the current land use trend, of converting
older and antiquated sbip-commercial developments within the Federal Highway corridor Into
medium and high-end multi-family residential developments. As evidenced by these example
Page 6
File Number: ANEX 06-002 I LUAR 06-002
Name: Tuscan Villas (aka Villas at Boynton Beach)
projects, the proposed rezoning would not constitute a grant of special privilege to an Individual
property owner.
c. Whether changed or changing conditions make the proposed rezoning desirable.
According to Palm Beach County records, an auto sales business has been in existence on the
subject property since 1973. In 1994, the site was approved for County Development Review
Committee (DRC) review because the owner wanted to expand the size of the building. Under
the County Code, auto sales is allowed in the Commercial General (CG) zoning district but only
as a Special Exception, which is analogous to the city's conditional use process. As previously
mentioned, the city has witnessed a steady trend of property owners converting their properties
approved for commercial uses and lor single-family residential uses to multi-family residential
uses within the last five (5) years along the Federal Highway corridor. Often this conversion
serves to remove marginal, and sometimes undesirable, commercial uses. The adoption of the
IPUD regulations in June 2002 provided an attractive incentive for redevelopment and infill
projects on these smaller parcels in the Federal Highway corridor. Townhouses are permitted
uses in the IPUD zoning district. Therefore, these two changes in current conditions serve to
make the proposed rezoning desirable.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public fad/ities.
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 reviewed the traffic study for the
proposed land use amendment I rezoning and determined that the accompanying residential
project is located within the County designated "Coastal Residential Exception Area" and
therefore meets the Traffic Performance Standards of Palm Beach County. The accompanying
site plan is expected to generate 175 new daily trips. However, this is 2,593 less trips than if
the property had been built-out to its maximum potential under the current commercial land
use classification.
Maximum Potential Water I Sewer Traffic
Development Population Demand Generation
Potential Trips / day
existing Land Use 60,983 square 15 persons* 7,500 gpd* / 2,768*
(Actual) feet of 7,500 gpd*
oommerdal *
Proposed Development 22 fee-simple 153 persons 9,560 gpd/ 175
townhouse 4,300 gpd
units
The project is estimated to require a total of 9,560 gallons of potable water per day. The Oty's
water capacity, as increased through the purchase of up to 5 million gallons of potable water
per day from Palm Beach County Utilities, would meet the projected demand for this project.
Page 7
Ale Number: ANEX 06-002 / LUAR 06-002
Name: Tuscan Villas (aka Villas at Boynton Beach)
Additionally, sufficient sanitary sewer and wastewater treatment capacity is currently available
to serve the projected total of 4,300 gallons per day.
With respect to solid waste, 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. Regarding school concurrency, the proposed project lies within Concurrency
Service Area (CSA) 19 and 20. Based on the School District's adopted multipliers for a dwelling
unit, the proposed development may generate two (2) elementary school students, one (1)
middle school students, and two (2) high school students. The schools currently serving the
area and their utilization are as follows:
Schools Current Capacity Current Enrollment Utilization%
Plumosa Elementarv School 652 386 59%
Odvssey Middle School 1742 1100 63%
Atlantic Hioh School 2500 2363 95%
On November 18, 2005, the School District issued a Concurrency Determination for the site
plan. The Concurrency Determination is valid for one (1) year from the date of issuance. Once
a Development Order has been issued for the project, the concurrency determination will be
valid for the life of the Development Order. The level of service for school concurrency is
110%. Based on existing utilization, another school would not be necessary to serve the area.
The City's Rre Rescue and Police Departments have reviewed the application and determined
that current staffing levels would be sufficient to meet the expected demand for services.
Lastly, drainage will also be reviewed in detail as part of the review of the site plan approval,
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.
As stated above in response to CrIterion "b", the proposed land use and rezoning would be
consistent with the land use and zoning districts approved for the adjacent properties; to the
west (Gulfstream Gardens), to the north (Bayfront, Oceanside, and Waterside), and to the
south (Heritage Oub). Any effects on property values would be positive and would help to
increase the city's tax base. The applicant asserts that the project would be a high-quality
townhouse community with excellent landscape and site design which would enhance the
surrounding properties.
Page 8
File Number: ANEX 06-002 I LUAR 06-002
Name: Tuscan Villas (aka Villas at Boynton Beach)
f. Whether the property is physically and economIcally developable under the existing
zoning.
The property Is currently developed with an auto sales business. The economic viability of auto
sales Is questionable, considering the size of the property, the magnitude of competitors within
nearby Delray Beach, and the transition to high-density residential uses that Is presently
occurring under the guidelines of the Federal Highwav Corridor Community Redevelooment
Plan. The applicant states that "the scarcity of developable real estate east of Federal Highway
has created a great demand for residential property. Based on the analysis, a rezoning from
the existing commercial zoning would enhance the area and create housing needed In the
eastern communities". Staff concurs.
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 requested annexation, land use amendment, and rezoning presents the opportunity for
quality redevelopment In a highly visible entrance corridor to the Oty and would also support
the current trend toward greater residential uses in this area, economic revitalization, and
downtown redevelopment. Ukewise, the proposed zoning district (IPUD) has design guidelines
and fixed requirements built into the regulations to help protect neighborhoods of Single-family
detached homes. The accompanying site plan demonstrates compliance with the Intent of the
IPUD zoning district. The proposed project would be an appropriate transitional use and
intensity (from Federal Highway).
h. Whether there are adequate sites elsewhere in the dty for the proposed use, in
districts where such use is already allowed.
Residential densities of 20 dwelling units per acre are permitted in 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 Highwav Corridor Community
Redevelooment Plan.
CONCLUSIONS/RECOMMENDAll0NS
As Indicated herein, this request is consistent with the Intent of the Comprehensive Plan; would
not create additional Impacts on Infrastructure that cannot be accommodated by existing
capacities; will be compatible with adjacent land uses and will contribute to the overall
economic development of the Oty. Therefore, staff finds or recommends:
1. That the requested annexation Is consistent with the Oty's annexation policy, the
property is contiguous (across the street) with properties lying within the City of
Boynton Beach, and forms a reasonably compact addition to the city boundaries;
therefore the annexation should be approved;
Page 9
File Number: ANEX 06-002 I LUAR 06-002
Name: Tuscan Villas (aka Villas at Boynton Beach)
2. That the Oty Commission, acting as the Local Planning Agency, finds the proposed
amendments consistent with the Comprehensive Plan;
3. That the requested land use amendment and rezoning meet or exceed the criteria for
review, as required in the Land Development Regulations;
4. That the proposed redevelopment plan is consistent with the VISion and
recommendations of the Federal Highwav Corridor Community Redevelooment Plan;
therefore,
S. The requested land use amendment and rezoning be approved.
If the Community Redevelopment Agency Board or the City Commission recommends
conditions, they will be included as Exhibit "B".
ATTACHMENTS
S:\PIamlng\SHARED\WP\PROJECTS\TUSC3fl VIllas\lUAR 06-002~ Report.doc
LOCATION MAP
Tuscan Villas
Exhibit "A"
PUD
IPUD
TURNERRD
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PUD
Gulfstream
OR
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210 105 0
I
210
420
630
840
'Feet
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EXHIBIT "B"
Conditions of Approval
Project name:
File number:
Rfi
Tuscan Villas (aka Villas at Boynton Beach)
ANEX 06-002 and LUAR 06-002
S ff M d P&Z 06-034
e erence: ta Tenort emoran urn
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Corrunents: None X
UTILITIES
Corrunents: None X
FIRE
Corrunents: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING & ZONING
Corrnnents: None
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Page 2
Tuscan Villas (aka Villas at Boynton Beach)
File No.: LUAR 06-002
DEPARTMENTS INCLUDE REJECT
Comments:
1. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
2. To be determined.
S:\PJanning\SHARED\ WP\PROJEcrS\Tuscan Villas\LUAR 06-002\COA.doc
I
,,/
XII. - LEGAL
CITY OF BOYNTON BEACH ITEM A.4~a..
AGENDA ITEM REQUEST FORl\--.
Requested City Cor:;mission Date Final Form Must be Turned Requested City Commission
i'1io,tipEl2,!tes in to City Clerk's Office Meeting Dates
0 April 4, 2006 March 20, 2006 (Noon,) 0 June 6, 2006
IS] April 18,2('06 April 3,2006 (Noon) 0 June 20, 2006
0 May 2, 2006 April ]7,2006 (Noon) 0 July 5, 2006
0 May 16, 2006 May 1,2006 (Noon) 0 July 18,2006
",
Date Fina] Form Must be::!lIme<!:-, =~
in to City Clerk's Office ~::; _ <
- ~ c.-..::.;
May] 5,2006 (Noon)
(..i~
June 5, 2006 (Noon)
;:J
June 19,2006 (Noon) r-
;:::)
~-, 1.S~~
~_~} 2~.,f
l",~
July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM IS] 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 18, 2006 City Commission Agenda under Legal,
Ordinance - Second Reading to follow the corresponding items for annexation, land use amendment and rezoning. The City
Commission tabled this request on April 4th to allow for [mal action on the corresponding ordinances prior to review of this
site plan item. For further details pertaining to the request, see attached Department Memorandum No. 06-035.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCA TION:
DESCRIPTION:
Tuscan Villas (aka The Villas at Boynton Beach) (NWSP 06-002)
Wendy Tuma, Urban Design Studios
James Paisley, Tuscan Villas at Boynton Beach, LLC
East side of Federal Highway approximately I, 100 feet north of Gulfstream Boulevard
Request new site plan approval to construct 22 townhouse-style condominium units and
related site improvements on lA07-acres in the Infill Planned Unit Development (IPUD)
zoning district.
PROGRAM J)IPACT: N/A
FISCAL n:p.CT: N/A
ALTERt'UTn1<:S:;/(rjl N/A ~
A"t/
G,~;dJ~l!3t"cto, City M,",~~'
. \~oc Diy Attorn,y I F '03000 I Hwnao R,w"""
S:\Planni ;,,, :, IS'Tuscan ViIlas\NWSP 06-002\Agenda Item Request Tuscan Villas NWSP 006-002 4-18-06,dot
S:\BUU:'
': \,~': ,\ j' ;'\1 REQUEST FORM,DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-035
STAFF REPORT
TO:
Chair and Members
Community Redevelopment Agency Board and City Commission
FROM:
Michael Rumpf
Planning and Zoning Director
Eric Lee Johnson, AICP q L
Planner 7'
THRU:
DATE:
March 6, 2006
PROJECT NAME/NO:
Tuscan Villas (aka The Villas at Boynton Beach) I NWSP 006-002
REQUEST:
New Site Plan
PROJECT DESCRIPTION
Property Owner: James Paisley I Tuscan Villas at Boynton Beach, LLC
Applicant: James Paisley I Tuscan Villas at Boynton Beach, LLC
Agent: Wendy Tuma I Urban Design Studio
Location: On east side of Federal Highway approximately 1,100 feet north of
Gulfstream Boulevard (Exhibit "A")
Existing Land Use: Palm Beach County Commercial High, with an underlying Medium
Residential S units per acre (CHIS)
Existing Zoning: Palm Beach County Commercial General (CG)
Proposed Land Use: Special High Density Residential (SHDR - 20 du/ac)
Proposed Zoning: Infill Planned Unit Development (lPUD)
Proposed Use: 22 townhouse-style condominium units
Acreage: :1:1.341 acres
Adjacent Uses:
North:
Developed commercial (Gulfstream Carpet) designated with Palm Beach
County Commercial High, with an underlying Medium Residential S units
per acre (CHIS) land use and zoned Palm Beach County Commercial
General (CG);
Staff Repcrt - Tuscan ViII2S (NWSP 06-002)
Memorandum Nc PZ 06-035
Page 2
:':cnth:
Developed commercial (licensed as Supervised Construction Services),
designated with Palm Beach County Commercial High, with an underlying
Medium Residential S units per acre (CHIS) land use and zoned Palm
Beach County Commercial General (CG);
East:
Developed single-family residential lots designated with Palm Beach
County Medium Residential, S units per acre (MR-S) land use and zoned
Palm Beach County Single-family Residential (RS); and
West:
Right-of-way for Federal Highway, then farther west is partially developed
commercial property recently approved for townhouse units (Gulfstream
Gardens) designated with Special High Density Residential (SHDR) land
use and zoned Planned Unit Development (PUD).
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject site plan 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 subject property is comprised of several lots that are currently located within a
small enclave of unincorporated Palm Beach County. If annexed, the property
would lie within Study Area V of the Federal Highway Corridor Redevelopment Plan.
The survey shows the parcel is currently developed with one a (1 )-story
commercial building, wood and chain-link fences, a concrete sign, and asphalt
parking areas. No ground elevations were shown on the survey. It should be
noted that a site inspection revealed that the building had been recently
demolished.
BACKGROUND
Proposal:
Wendy Tuma of Urban Design Studios, agent for Tuscan Villas at Boynton Beach,
lLC is proposing a new site plan for 22 townhouse-style condominium units. As
previously mentioned, the parcel, if successfully annexed would be located within
Study Area V of the Federal Highway Corridor Redevelopment Plan. The
Redevelopment Plan allows for higher residential densities within this area, above
the five (S) dwelling units per acre currently allowed by Palm Beach County CHIS
:':d use classification. Under the CHIS land use classification, the maximum
-wable project density would have resulted in a maximum of six (6) dwelling
CS. However, in order to achieve a higher density, the developer is requesting to
'3ssify the land use from Palm Beach County CHIS to Special High Density
;cential (SHDR) and to rezone from Palm Beach County Commercial General
,) to Infill Planned Unit Development (IPUD). The SHDR land use classification
IS up to 20 dwelling units per acre, which would equate to a total of 26 units.
Jroject proposes 22 units, resulting in a density of 16.4 dwelling units per acre.
,houses are permitted uses In the IPUD zoning district. The project would be
pleted In one (1) phase.
Staff Report - Tuscan Villas (NWSP 06-002)
Memorandum No PZ 06-035
Page 3
Concurrency:
Traffic:
Utilities:
ANALYSIS
A traffic study was sent to the Palm Beach County Traffic Division for concurrency
review in order to ensure an adequate level of service. The Palm Beach County
Traffic Division determined that the proposed redevelopment project is located
within the county designated "Coastal Residential Exception Area", and therefore,
meets the Traffic Performance Standards of Palm Beach County. No building
permits are to be issued after the 2010 build-out date (see Exhibit "c" - Conditions
of Approval). The County traffic concurrency approval is subject to the Project
Aggregation Rules set forth in the Traffic Performance Standards Ordinance.
The City's water capacity, as increased through the purchase of up to 5 million
gallons of potable water per day from Palm Beach County Utilities, would meet the
projected potable water for this project (project estimated to require a total of
9,560 gallons per day). Local piping and infrastructure improvements may be
required, especially on the water delivery system for the project, depending 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 projected total of 4,300 gallons per day, subject to
the applicant making a firm reservation of capacity, following approval of the site
plan (see Exhibit "c" - Conditions of Approval).
Police I Fire: Staff reviewed the site plan and determined that current staffing levels would be
sufficient to meet the expected demand for services.
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: The School District of Palm Beach County confirms that adequate capacity exists to
accommodate the proposed 22 dwelling units. The project is located within
Concurrency Service Area (CSA) #19 and #20.
Driveways: The project proposes one (1) main point of ingress / egress on Federal Highway.
The civil drawing shows that the opening would be dimensioned 24 feet in width.
The egress lane would allow for right-turn (northbound) traffic movement onto
Federal Highway. No left-turn (southbound) traffic movement is proposed on
Federal Highway due to the presence an existing landscaped median. The street
system Internal to the development is generally proposed in a circuitous
configuration. The residents would access their garages via these drive aisles. The
site plan shows that all two (2)-way drive aisle lanes would be 22 feet in width,
Staff Report - TuseF" Villas (NWSP 06-002)
Memor::mdl:: -; No PZ 06-035
Page 4
which would conform to current engineering standards. Much of the underground
infrastructure (Le. potable water lines, sanitary sewer lines) would be placed
underneath the street network. In most areas of the site, the sidewalks are
proposed separately from the street system. However, a sidewalk is proposed at
only one (1) side of the project's main entrance. It was purposely designed this
way in order allow for extra landscaping on the opposite side of the front entrance
drive. The sidewalk, proposed across the main entrance drive would be made of
brick pavers. Staff reviewed the internal pedestrian connections and found them to
be adequate because the project is small and compact. However, it should be
noted that the front entrance of the project was designed in such a way that it
would not be able to accommodate security gates, either now or in the future due
to the insufficient space for vehicle stacking from Federal Highway (see Exhibit "c"
- Conditions of Approval).
Parking FaCility: Two (2) and three (3) bedroom dwelling units require two (2) parking spaces per
unit. The project proposes 22, three (3)-bedroom units and a small recreation
facility. Therefore, based upon the above referenced number of units and the
amenity, the project requires a total of 44 parking spaces. The site plan shows that
each unit would have a two (2)-car garage, which would thus equate to providing
44 parking spaces. The size of each unit would vary but generally, each garage
would be dimensioned 19 feet in width by 20 feet in depth. The plan also proposes
four (4) 90-degree parking spaces. According to the site plan, the 90-degree
parking stalls would be dimensioned nine (9) feet in width by 18 feet - six (6)
inches in length. Combining the garage spaces and 90-degree spaces, the site plan
would provide for a total of 48 parking spaces or an excess of four (4) parking
spaces. It should be noted that one (1) of the 90-degree parking spaces shall be
converted to a handicap accessible space in order to meet ADA disability
requirements; this cOl)version would occur at the time of permitting.
Landscaping: The site plan tabular data indicates that 0.28 acres or 21% of the site would be
pervious surface. The plant list (sheet 1 of 5) indicates the landscape plan would
provide a total of 31 canopy trees, all of which would be native. The plant list
indicates that 49 or 70% of the palm trees would be native. Also, the landscape
plan would contain 2,303 shrubs / groundcover plants, of which 1,201 (52.1%)
would be native. The tree species would include the fOllOWing: Uve Oak, East
Palatka Holly, Tree Ugustrum, Purple Glory Tree, Alexander palm, Cabbbage palm,
and Green Coconut Malayan palm. The dwelling units are proposed as townhouse-
style condominium units and staff understands that the lands remaining outside the
building footprint would be under the control of the Homeowner's Association.
St3,f favors common ownership of landscaped areas because they are more likely
to r'~ maintained properly with less likelihood of individual unit owners removing
~i<:~5 within the buffer areas. With regards to aesthetics, the applicant agrees to
. ,. . .;1 Redtip Cocoplum hedges around utility boxes and structures that are not
.ntly known or shown on the plan at this time. The colored renderings of the
:. (view from Federal Highway) and East (view from east) elevations illustrate
:he landscaping would soften the appearance of the townhouse buildings.
'andscape plan shows that the western landscape buffer (adjacent to Federal
Staff Report - Tuscan Villas (NWSP 06-002)
Memorandum No PZ 06-035
Page 5
Highway) would be at least seven (7) feet wide at its narrowest point. The
landscape plan shows that this buffer would consist of East Palatka Holly, Green
Malayan Coconut palm, Gold Mound Duranta, Dwarf Indian Hawthorne, and a row
of Redtip Cocoplum hedges. It appears that most of the trees would be installed at
a spacing of one (1) tree per 22 feet. Each townhouse unit proposed along Federal
Highway would have a sidewalk that directly links to the sidewalk on Federal
Highway. A small courtyard is proposed In front of each along Federal Highway. It
would be enclosed with a four (4)-foot high black picket fence.
The site plan shows that the south landscape buffer (adjacent to the supervised
construction service trailers) would be at minimum, five (5) feet in width at its
narrowest point. The landscape plan proposes the following plant material: Live
Oak, East Palatka Holly, Cabbage Palm trees, Spanish Stopper, Silver Buttonwood
and RedtIp Cocoplum hedges.
The site plan shows that the north landscape buffer (adjacent to Gulfstream
Carpet) would be five (5) feet in width at its narrowest point. The landscape plan
proposes the following plant material: East Palatka Holly, Cabbage palm, Gold
Mount Duranta, Dwarf Fakahatchee Grass, Xanadu Philodendron, Wax Jasmine,
and a row of Spanish Stopper.
The site plan shows that the east landscape buffer (adjacent to the single-family
residential neighborhood) would be 10 feet wide at its narrowest point. It would
contain the following plant material: Live Oak, Cabbage palm, East Palatka Holly,
Dwarf Fakahatchee Grass, Silver Buttonwood, and Redtip Cocoplum hedges. A six
(6) foot high wall is proposed a few feet from the east property line; its location
would allow for hedges to grow on both sides. The wall would provide for a lower-
level buffer while the trees planted nearby would provide for an upper-level buffer.
A sidewalk is proposed just east of the southeastern building and encroaches into
the east landscape buffer. Staff recommends relocating this sidewalk slightly to the
west in order to increase the width of the planting area within the landscape buffer
(see Exhibit "c" - Conditions of Approval).
Building and Site: As previously mentioned, the applicant is requesting to rezone the property to the
IPUD zoning district at a project density of 16.4 dwell1ng units per acre. The
maximum density allowed by the Special High Density Residential land use
classification is 20 dwelling units per acre. The project's 22 dwelling units are
proposed within five (5) separate buildings, namely Buildings "A" through "E".
Each building would contain a varying number of dwelling units, ranging from three
(3) units to six (6) units. The floor plans show the proposed size and configuration
of each unit. The project proposes four (4) model types, ranging from 1,947
square feet 2,513 square feet of "air-conditioned" space. No individual swimming
pools or screened enclosures are proposed or shown on the plans. Staff
recommends that their omission should be noted as such within the Home Owners
Association documents. likewise, the developer does not Intend to screen-In the
balconies (see Exhibit "c" - Conditions of Approval).
Staff Report - Tuscan Villas (NWSP 06-002)
Memorandum No PZ 06-035
Page 6
The IPUD zoning district allows buildings to reach a maximum height of 45 feet.
However, a lesser building height could be Imposed if compatibility with the
adjacent properties would be in jeopardy. The code defines bUilding height as
follows: The vertical distance in feet measured from the lowest point at the
property line of an adjacent property or from the minimum base flood elevation as
established by FEMA, whichever is highest, to the highest point of the roof for flat
roofs, to the deck line for mansard roofs and parapet roofs with parapets less than
five (5) feet in height. Gable and hip roof heights shall be measured to the
midpoint between the eaves and the ridge. Despite the site plan tabular data
indicating 40 feet in height, the elevations show the buildings would be 34 feet _
six (6) inches in height, measured at the mid-point of the pitched roof. All
buildings would comply with the height limitation of the IPUD zoning district. At
the time of permitting, the site plan tabular data shall be revised to indicate the
correct building height (see Exhibit "e" - Conditions of Approval). It should be
noted that the peak of the roof would be 39 feet - five (5) inches. However, as
previously mentioned the abutting properties to the east are zoned Palm Beach
County RS and developed with one (I)-story, single-family detached homes. The
County RS zoning district allows a maximum building height of up to 35 feet (at
mid-point of roof). As previously mentioned, it was the developer's intent to
construct three (3)-story buildings along the east property line but staff warned
that the proposed building height would be a critical design element to consider
when requesting to rezone to the IPUD zoning district. Staff suggested that the
applicant reduce the building height of those buildings proposed adjacent to the
single-family homes, from three (3) stories to two (2) stories. In heeding staff's
suggestions, the plans were modified so that the buildings, originally proposed
along the east property line, were substituted with a drive aisle that is currently
shown along much of the east side of the site. This substitution was done to
maximize the setbacks between buildings on the subject property from homes on
the adjacent Single-family lots. In addition, the easternmost portion of each
townhouse building (adjacent to the single-family homes) are proposed at two (2)-
stories rather than three (3)-stories. The elevations show that the mid-point of the
two (2)-story portion would be approximately 24 feet in height Staff opines that
the current configuration of the buildings represent a sufficient compromise to
improve compatibility between the subject property and the abutting properties to
the east to mitigate the height discrepancy. Staff also feels that decreasing the
height of the east fa~ade of these buildings would provide an equitable transition
betNeen the maximum height of 35 feet allowed in the adjacent Single-family
neighborhood and the 45-foot height allowed in the IPUD district.
lhe IPUD zoning district contains no specific minimum building setback
r:r,Urements other than mirroring the setbacks of adjacent zoning districts.
2ver, a structure on the perimeter of an IPUD project that is adjacent to an
Jng Single-family neighborhood must adhere to additional setback
1rements. The IPUD regulations require an additional one (1) foot building
'lck for each one (1) foot in building height that exceeds 30 feet. In this case,
Jroposed height of the condominium building would be slightly more than 34
., ".all. Therefore, this would equate to an additional required setback of four (4)
(in conjunction with mirroring the setback of the abutting properties). The
Staff Report - Tuscan Villas (NWSP 06-002)
Memorandum No PZ 06-035
Page 7
properties to the east are located in an enclave of unincorporated Palm Beach
County, zoned County RS, and directly abut the subject site. These lots have been
developed with single-family detached homes. The IPUD zoning regulations
specifically addresses compatibility requirements with these types of developments.
The rear setback of the County RS zoning district is 15 feet; so therefore, the
project should have a rear building setback comparable to 15 feet. However, it
should be noted that the city may grant some relief from the required setbacks
provided that screening or other barriers are provided along the perimeter. Along
the east property line, the site plan proposes a building setback that ranges
between a minimum of 11.7 feet to a maximum of 35.2 feet. As previously
mentioned, a buffer wall is proposed along the east property line in conjunction
with a multitude of trees and shrubs that would provide the necessary buffering
between the townhouses and the single-family neighborhood. Likewise, the
easternmost portion of each townhouse building (adjacent to the single-family
homes) are proposed at two (2)-stories rather than three (3)-stories. The
developer provided a cross-section drawing, labeled "Section A-A", which shows a
townhouse building and how it compares with the adjacent single-family detached
homes. The detail indicates the existing / proposed setbacks, building heights, and
landscape material.
The property to the north of the subject property is zoned County CG and has been
developed with a commercial use (Gulfstream Carpet). The County CG zoning
district requires a lS-foot side setback. The proposed townhouse buildings would
be setback 10.3 feet from the north property line. This difference in building
setbacks between the subject project and the commercial property to the north is
consistent with other residential infill projects reviewed by the City.
Similarly, the property to the south is also zoned County CG. The townhouse
buildings would be setback between five (5) feet and nine (9) feet. Like the north
setback against commercial zoning, the reduced building setback from the south
property line is consistent with other approved projects. For this new site plan, all
proposed building setbacks are consistent with the existing setbacks within the
surrounding neighborhoods and meet the intent of the IPUD zoning disbict setback
regulations.
The main recreation area would be located at the center of the site, centrally
located to all residents. It would include a swimming pool, cabana building,
decorative water fountain, and bicycle racks. The recreation area is proposed large
enough to meet the IPUD/s special requirement for usable open space. The
elevations do not indicate the actual roof height of the cabana building, but depicts
It as a one (l)-story structure. When scaled, It appears to be approximately 13
feet - six (6) Inches in height. The photometric plan demonstrates that lighting
levels at the recreation area would be adequate and not "spill" over onto adjacent
properties.
Design:
The proposed buildings and clubhouse resemble a modern Spanish-Mediterranean
design with textured stucco finish, tile inserts, simulated stone band and sills, cast
stone baluster and panels, rounded-windows, wood-panel front doors, clear glass
Staff Report -- Tuscan Villas (NWSP 06-002)
Memorandum No PZ 06-035
Page 8
with bronze finish aluminum frames, and S-tile roof. The project proposes multi-
colored buildings consisting of the following Porter paints and color schemes:
Color code Paint Name Color location
Scheme # 1
#6805-1 Pale Honey light tan Main wall
#7195-1 White Umber White Main wall
#6808-2 Dusty Airport Dark tan Main wall
Scheme #2
#6115-2 Pale Coral light peach Main Wall
#6118-3 Sun Coral Peach Main wall
#7195-1 White Umber White Main wall
Scheme #3
#6169-2 Bud White light yellow Main wall
#6172-4 Sun Amber Yellow Main wall
#7195-1 White Umber White Main wall
The elevations of the cabana building show that it would have the same roof style,
exterior finish, and paint colors as that of the townhouse buildings. The developer
provided staff with an illustration of the proposed outdoor freestanding lighting
fixture that would be used throughout the recreation area. The Pole Detail
indicates it would be a Sky Cast decorative pole, 15 feet in height and made of
concrete. No pole color was indicated on the illustration. Similar to other recently
approved townhouse projects, the buildings proposed along Federal Highway would
have their front doors oriented towards the street. Staff endorses this design
characteristic of how Building "A" and Building "B" engage the main street while
Building "C" and Building "DIf are oriented towards the pool area.
Signage:
The project proposes a subdivision identification sign, located on the front fa~ade
of the recreation building, visible to motorists when entering the site. The Entry
Sign elevation (sheet AS.!) shows that ''The Villas at Boynton Beach" sign would be
externally lit and made of aluminum pin letters of brushed gold color. The letters
,>",'Quid be centered between two (2) cast stone accent features.
RECOMMENDATION:
Staff h:; cj
the sue
subject
conditi
Cond;':i
;'Jest for new site plan approval and is recommending approval, contingent upon
nnexation (ANEX 06-002), land use amendment/ rezoning (lUAR 06-003), and
-mments indicated in Exhibit "CIf - Conditions of Approval. Any additional
;JY the Board or City Commission shall be documented accordingly in the
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EXHIBIT "C"
Conditions of Approval
Project name: Tuscan Villas
File number: NWSP 06-002
Reference: 3'd review plans identified as a New Site Plan with a February 28. 2006 Planning & Zoning date
stamp marking
I
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments:
1. At the time of permitting, add stop bares), stop sign(s), and double yellow X
lane separators on the north and south side of the main entrance into the
development (on the internal road)
2. Insufficient space is provided to allow gating of the community, now or in the X
future.
3. Add a handicap space adjacent to the pool area. X
ENGINEERING DIVISION
Comments:
4, Lighting IS only required for public parking, The street lighting is not X
required, just recommended.
5. Sight triangle clearance two (2) feet - SIX (6) inches to eight (8) feet X
clearance, The sight triangles need to be shown on the landscape plans at the
time of permitting - use FDOT standards.
UTILITIES
Comments:
6. The City's w2ter capacity, as increased through the purchase of up to 5 X
miPio;l gallons of potable water per day from Palm Beach County Utilities,
wc~.: ld nKe! lhe ncjccted potable water for this project (project estimated to
reqL:: c ~ total oruso gallons per day), Local piping and infrastructure
Im~. ".'lI;~';ltS L':Y h: :equired, especially on the water delivery system for
the- ,),iecL '!,,'(li~jg- upon the final project configuration and fire-flow
d;" s, 1 ,1, , improvements would be the responsibility of the site
C( ~,~r (")-.. ,1-'-""<:..1 be reviewed at the time of permitting. Sufficient
S..11 ~.: ~'~. ,-,_ r .J \ilstewater treatment capacity is currently available to
sel : I, ., \ : tal of 4,300 gallons per day, subject to the applicant
n,t". ; ~.1 .ti'n it) ;;'" lion of capacity, followin2 approval of the site olan.
-"
COA
03/06/06
2
DEPARTMENTS
INCLUDE
7. At the time of permitting, all utility easements shall be shown on the rectified X
site plan and landscaping drawings so that staff can determine which
appurtenances, trees or shrubbery may interfere with utilities, In general,
palm trees will be the only tree species allowed within utility easements.
Canopy trees may be planted outside of the easement so that roots and
branches will not impact those utilities within the easement in the foreseeable
future. LDR Chap. 7.5, Art. I, Sec. 18.1 give public utilities the authority to
remove any trees that interfere with utility services, either in utility easements
or public rights-of-way.
8, Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this proiect (CODE See, 26-12).
9. At the time of permitting, fire flow calculations will be required X
demonstrating the City Code requirement of 1,500 g.p.m. (500 g.p.m. on
certain residential developments) with 20 p,s.i, residual pressure as stated in
LDR Chap. 6, Art. IV, Sec. 16, or the requirement imposed by insurance
underwriters, whichever is greater (see CODE Sec. 26-16(b)), A single 6-
inch (assumed) stub line connection does not yield this requirement.
Consider looping a new 8-inch water main back into the existing 8-inch in
Federal Highway, with routing along side of Unit # 16 (or ideally in the
replacement of Unit #16).
10, CODE Sec. 26-34(E) requires that a capacity reservation fee be paid for this X
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. The new time line requires payment within seven
(7) days.
11. Comprehensive Plan Policy 3.C.3.4, requires the conservation of potable X
water. City water may not, therefore, be used for irrigation where other
sources are readily available. As the project is close to the Intracoastal, if
brackish water is encountered, then city water may be approved for landscape
irrigation.
12, 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), Insufficient information has been provided regarding manhole
depth to determine final sanitary sewer utility easement widths, Sanitary
easements are assumed to be twice the depth of the manhole (deeper) depth,
A 10-foot separation is required between water and sewer in shared
easements. The minimum easement width is 12 feet. An administrative
waiver will be required for variations to the separation widths,
REJECT
COA
03/06/06
3
DEPARTMENTS
13. A building permit for this project shall not be issued until this Department has
approved the plans for the water and/or sewer improvements required to
service this..Qroject, in accordance with CODE Sec, 26-15.
INCLUDE
X
FIRE
Comments: None
X
POLICE
Comments: None
X
BUILDING DIVISION
Comments:
14. 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 503 of the 2004
FBC.
15. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph, Wind forces on every building or structure
shall be detennined by the prOVISIOns of ASCE 7, Chapter 6, and the
provisions of 2004 FBC, Section 1609 (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 pennit application.
16. Every building and structure shall be of sufficient strength to support the X
loads and forces encountered per the 2004 FBC, Section 1607 and Table
1607.1, Indicate the live load (pst) on the plans for the building design.
17. 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 pennit
applic0..l:i_on,
18. At [; ;-e of permit review, submit signed and sealed working drawings of the X
pror.os,'j cn:;stiuction.
19, A v 'r-1.lse permit from SFWMD is required for an irrigation system that X
mil! ',v-'.~,r(:H J \vell or body of water as its source. A copy of the permit
s;~~l,' ~"~_~"~,::i..i."e time of permit application, F,S. 373,216.
20, Ii" i": ,'/;0:) (water and sewer) are paid in advance to the City of
1:'G ) , U<11;~1::s Department, the following information shall be X
ri(; i ;,">: ui building permit application:
A 'U ;':.~-e project as it appears on the Development Order and
L---____, : .'-c:~,~',~, :',., . ."1 ~:~:proved site plan,
REJECT
COA
03/06/06
4
. "
DEP ARTMENTS INCLUDE REJECT
B If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
C The number of dwelling units in each building,
D The number of bedrooms in each dwelling unit.
E 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)
2 I, 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.
22. 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 number/s 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(f))
23, 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,
24. 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.
PARKS AND RECREATION
Comments:
25. Park Impact Fee - 22 single-family, attached units @ $771.00 = $16,962 due X
prior to the issuance of the first permit.
COA
03/06/06
5
DEPARTMENTS INCLUDE REJECT
FORESTER/ENVIRONMENT ALIST
Comments:
26, The Landscape Architect should tabulate the total diameter inches of existing X
trees on the site. The tabular data should show the individual specIes
diameters of trees proposed to remain in place, be relocated throughout the
site, or removed / replaced on site, All desirable speCIes (Live Oak,
Mahogany) 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 sheets 3 of 3. [Environmental Regulations, Chapter 7.5, Article I Sec.
7,D.p.2.
PLANNING AND ZONING
Comments:
27, Approval of this project is contingent upon the approval of the accompanying X
request for annexation (ANEX 06-002) and land use amendment / rezoning
(LUAR 06-002).
28. The Palm Beach County Traffic Division determined that the proposed X
redevelopment project IS located within the county designated "Coastal
Residential Exception Area", and therefore, meets the Traffic Performance
Standards of Palm Beach County. No building permits are to be issued after
the 20 I 0 build-out date.
29. No individual sW1Durung pools or screened enclosures are proposed (or X
shown on the plans) and its omission should be noted as such on the plans
and within the Home Owners Association documents, Likewise, the
developer does not intend to screen-in the balconies either.
30. The buffer \vall / fence may not exceed six (6) feet in height (Chapter 2, X
Sec!ionU.lJ. The decorative caps cannot exceed seven (7) feet in height.
31. At the time of permitting, the site plan tabular data shall be revised to indicate X
thec2!1 :~J2':l}}di n ~ height.
32, Ad 2~' [~~1 a ge ,.."' s'Jcject to review and approval of the Community X
L)
R .'\ ;<'nt Ag':ncy and City Commission, The subdivision
' 1 1, -, :,C:i1 Cl'~e may not exceed 32 square feet in area (Chapter 21,
!c" "-'.1..
A;; .', -. ','1 j,D).
/
33. Sl ' ' ":('cating the utilities (proposed along the lO-foot wide X
~ ~ '. . .,,, ;
e ,~ :.;~, ~: four (4) feet to the west so that the easement does not
0 \,;1 ,I: 'r: ':'~ape buffer thereby allowing canopy trees within said
b
._____u.__.__~__
COA
03/15/06
6
DEPARTMENTS INCLUDE REJECT
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
COMMENTS:
Comments:
34, Improve upper portion of elevations on buildings fronting US-l (buildings X
"A" and "B") with enhancements such as balconies, greater roof articulation,
faux features, decorative medallions, etc, Enhance ends of said buildings
similarly, and include additional trees at heights proportional to buildings.
35. Re-evaluate location of wall proposed within east landscape buffer X
considering maintenance of outer edge of wall and landscape materials.
36, Review ultimate project lighting for proper fixture height, shielding, X
orientation and intensity to mitigate light spillage and glare.
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
35, To be determined.
MWRJelj
S :\Planning\SHARED\ W P\PROJE CTS\ Tuscan Villas \NW SP 06-002\C OA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Tuscan Villas (aka Villas at Boynton Beach)
APPLICANT'S AGENT: Wendy Tuma I Urban Design Studio
APPUC,\NT: James Paisley I Tuscan Villas at Boynton Beach, LLC
APPLlCJlNTS f\DDRESS: 217 Fortuna Drive Palm Beach Gardens, FL 33401
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
April 4, 2006
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 22 townhouse-style
condominium units on a 1,341-acre parcel in the IPUD Infill Planned
Unit Development zoning district
LOCATION OF PROPERTY: On the east side of Federal Highway, approximately 1,100 feet north of
Gulfstream Boulevard (see Exhibit "A" - Location Map)
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO,
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1, Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations,
2, The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested,
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "c" with notation "Included".
4. The Applicant's application for relief is hereby
- GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk,
E, All further development on the property shall be made in accordance with the terms
end conditicns of this order.
/, Ctrsr
DATEC
City Clerk
S:\P~anni~',g.~:
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, ,~JWSP 06-0021DO.doo
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlL
XII. - LEGAL
ITEM 8.1
~
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
IS] April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5,2006 (Noon)
0 May 2, 2006 April 17,2006 ONoon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing IS] Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Motion to repeal Article III, of Chapter 18 of the Boynton Beach Code of Ordinances;tjlltitl~d>'
"Pensions for Police Officers," and adopting a new Article III in replacement, thereof to be entitled "Municip~l'Polie.,e,
Officers' Retirement Trust Fund". " '
_.....J
EXPLANATION: The proposed new Article III, entitled "Municipal Police Officers' Retirement Trust Fund'.~;1as two
intended purposes:
I. The new article is intended to clarify and compile all pension related ordinances into one clear and concise e~y to ~
document entitled "Municipal Police Offices' Retirement Trust Fund". The new article clarifies the e?'J~tingJ~r.ap
document language and consolidates amendments, The new article is more defmitive and will reduce wille .o{ 'the
members and retirees confusion. The new article provides for the members to have more control of their drop, vaca~n
and sick funds, while providing retirees with an opportunity to make better withdrawal and investment decisions that may
result in better income tax consequences.
II. This ordinance provides for an increase of Yz "one-half "percent in the multiplier calculation, This will increase the
multiplier from 3.00% to 3.50%. The normal retirement benefit payable to a police officer who retires on or after the
normal retirement date shall be an amount equal to the number of years of his or her credited service multiplied by 3.50%
of his or her average final compensation, (This would apply to all past and future service members who have not yet
terminated employment or entered the DROP.)
PROGRAM IMPACT:
I. The new restatement amends language pertaining to the distribution methodology in section 18-169, Instead of using
percentages we are using units to identify value and this will reduce the confusion factor now plaguing the retirees. We
are adopting language in Section 18-172 Buyback of prior service. The new plan restatement would allow police officers
the opportunity to purchase prior service time in the armed forces of the United States of America, even if they are
receiving or will receive a pension benefit from the military, Also section 18-175 has been amended to provide for some
income tax incentives. This allows members to select a suitable year for distributions pertaining to their individual
income tax consequences.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT (continued):
II. The increase in the multiplier from 3.00% to 3,50% would make the Boynton Beach Police Pension Plan a more
competitive retirement program when comparing Boynton Beach to other local municipalities, including the Cities of
Delray Beach and Boca Raton, and their Police retirement plans. This would provide a tremendous boost in morale
knowing that the City of Boynton Beach has chosen to hold in high esteem their law enforcement personnel. This will
also enable the BBPD to continue its ability to recruit and retain police recruits that are at the highest caliber in the
profession.
FISCAL IMPACT: Based on the actuarial impact statement of January 11, 2006 and the subsequent review of the proposed
increase in the multiplier by the Segal Company, the City's pension consultant, this proposed change in Police Pension
benefits will result in no increase in cost to the City. The change in the benefit formula and increase in plan benefits results in
increased employer costs of approximately $385,000, However, the Police Pension Board has proposed changing from the
Frozen Entry Age funding method to the Entry Age funding method, which was suggested by our pension consultant, which
results in a decrease in the City's required contribution of almost $668,000. In addition, the Police Pension Board is
proposing that the assumed interest rate be reduced from 8.50% to 8.00%, which serves to provide greater stability to the fund
and lessen fluctuations in funding requirements in the future, but actually increases the City's contribution by approximately
$269,000. When the cost impact of all three factors is combined, the resulting difference is negligible. The other proposed
modifications included in the new article have been determined to have no cost impact to the City as well.
AL TERNA TIVES:
I. Remain with the original document which is not as clear and concise as the new article.
II. Maintain the current multiplier of3.00%, but implement the other changes to the actuarial assumptions.
III. Make no changes
iDEJlkjW~
epartment ead's Sl ature
~
City anager's Signature
Police Pension Plan
Department Name
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM,DOC
April 23, 2004
August 24, 2004
February 28,2005
May 16, 2005
October 6, 2005
November 29,2005
December 2,2005
December 16, 2005
January 20, 2006
March 7, 2006
ORDINANCE
,2006
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
REPEALING ARTICLE III, OF CHAPTER 18 OF THE BOYNTON BEACH
CODE OF ORDINANCES, ENTITLED uPENSIONS FOR POLICE
OFFICERS," AND ADOPTING A NEW ARTICLE III IN REPLACEMENT
THEREOF TO BE ENTITLED "MUNICIPAL POLICE OFFICERS'
RETIREMENT TRUST FUND;" PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND,
PROVIDING FOR AN EFFECTIVE DATE HEREOF.
WHEREAS, the State Legislature of the State of Florida has enacted numerous
amendments to Chapter 185, Florida Statutes, known as the Municipal Police Officers'
Retirement Trust Funds; and
WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to
revise its Police Officers' Pension Ordinance in order to comply with State Statutes and to
provide pension benefits to its police officers;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA:
Section 1, The foregoing 'WHEREAS" clauses are hereby certified as being true
and correct and are incorporated herein by this reference
Section 2. Article III of Chapter 18 of the Boynton Beach Code of Ordinances is
hereby repealed and a new Article III of Chapter 18 is hereby adopted as follows:
CODING: Words in strike through type are deletions from existing law;
Words in underscored type are additions.
Page 1 of 64
ARTICLE III. MUNICIPAL POLICE OFFICERS' RETIREMENT TRUST FUND
Section 18-164.
Creation and Maintenance of Fund and Retirement System
A. There is hereby created a special pension fund for the Police Officers of
Boynton Beach, Florida, to be known as the Boynton Beach Police Officers'
Pension Fund. All assets of every description held in the name of the
Boynton Beach Police Officers' Retirement Trust Fund shall continue to be
held, but such fund shall hereafter be known as the Boynton Beach Police
Officers' Pension Fund and shall be administered as set forth in this Article
of Chapter 18 of the City of Boynton Beach Code.
B. The Fund shall be maintained in the following manner:
1, By payment to the Fund of the net proceeds of the ,85% excise tax
which is imposed by the City of Boynton Beach upon certain casualty
insurance companies on their gross receipts of premiums from
holders of policies, which policies cover property within the corporate
limits of the City of Boynton Beach as authorized in Chapter 185,
Florida Statutes, amended. These amounts are to be deposited with
the Board of Trustees within five (5) days of receipt by the
municipality, Chapter 185, Fla. Stat.
2, By the payment to the Fund of seven percent (7%tof the salary of
each full time police officer duly appointed and enrolled as a member
of the City of Boynton Beach Police Department; which seven percent
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{7%} shall be picked up, rather than deducted, by the City of Boynton
Beach from the compensation due to the Police Officer and paid over
to the Board of Trustees of the Boynton Beach Police Officers'
Pension Fund on a bi-weekly basis, All pickup contributions shall be
treated as employer contributions for the purposes of determining tax
treatment under the Intemal Revenue Code of 1986, as amended. All
such pick up amounts shall be considered as employee contributions
for purposes of this plan. The percentage deducted from the police
officers' salaries are to be deposited with the Board of Trustees
immediately, Chapter 185, Fla. Stat., Boynton Beach Code of
Ordinances Sec. 18-170,
3. By all fines and forfeitures imposed and collected from any police
officer because of the violation of any rule and regulation adopted by
the Board of Trustees. Chapter 185, Fla. Stat.
4. By mandatory payment at least quarterly by the City of Boynton
Beach a sum equal to the normal cost and the amount required to
fund any actuarial deficiency shown by an actuarial valuation as
provided in Part VII of Chapter 112, Florida Statutes. Chapter 185,
Fla. Stat. On an annual basis, the Board of Trustees will evaluate the
actuarial assumptions used,
5. By all gifts, bequests, and devises when donated to the fund. Chapter
185, Fla. Stat.
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6. By all accretions to the fund by way of interest or dividends on bank
deposits, or otherwise. Chapter 185, Fla. Stat.
7. By all other sources or income now or hereafter authorized by law for
the augmentation of the Boynton Beach Police Officers' Pension
Fund. Chapter 185, Fla. Stat.
C. Under no circumstances may the City of Boynton Beach reduce the member
contribution to less than one-half (Yz) of one percent (1 %) of salary. Chapter
185, Fla. Stat.
Section 18-165. Definitions.
A. The following words or phrases, as used in this ordinance, shall have the
following meaning:
1. "Actuarial Equivalence" or "Actuarially Equivalent" means that any
benefit payable under the terms of this Plan in a Form other than the
normal form of benefit shall have the same actuarial present value on
the date payment commences as the normal form of benefit. For
purposes of establishing the actuarial present value of any form of
payment, all future payments shall be discounted for interest and
mortality by using eight percent (8%) interest and the 1983 Group
Annuity Mortality Table, blending eiqhtv percent (80%) Males and
twenty percent (20%) Females, with ages set ahead five @ years in
the case of disability retirees.
2.
"Average final compensation" shall mean the average total
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remuneration received by a police officer during the best five (5)
years of service with the city within the last ten f1Q}. Chapter 185,
Fla. Stat., Boynton Beach Code of Ordinances Sec. 18-168, as
amended by Ordinance No. 000-18 and 00-004,
3. "Compensation" or "salary" shall mean the total cash remuneration
including lump sum payments for accumulated sick and vacation
leave and "overtime" paid by the primary employer to a police officer
for services rendered, but not including any payments for extra duty
or a special detail work performed on behalf of a second party
employer paid directly to the police officer by the second party
employer. This definition also excludes severance pay and other
similar payments which are not for services rendered, The member's
compensation or salary contributed as employee-elective salary
reductions or deferrals to any salary reduction, deferred
compensation, or tax-sheltered annuity program authorized under the
Internal Revenue Code shall be deemed to be the compensation or
salary the member would receive if he or she were not participating
in such program and shall be treated as compensation for retirement
purposes under this ordinance Article. For any person who first
becomes a member in any p Elan year beginning on or after January
1, 1996, compensation for any p Elan year shall not indude any
amounts in excess ofthe Internal Revenue Code, section, 401(a)(17)
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of the Internal Revenue Code limitation (as amended by the Omnibus
Budget Reconciliation Act of 1993), which limitation of $150,000 shall
be adjusted as required by federal law for qualified govemment plans
and shall be further adjusted for changes in the cost of living in the
manner provided by Internal Revenue Code section: 401 (a)(17)(B) of
the Internal Revenue Code. For any person who first became a
member prior to the first plan year beginning on or after January 1,
1996, the limitation on compensation shall be not less than the
maximum compensation amount that was allowed to be taken into
account under the plan as in effect on July 1, 1993, which limitation
shall be adjusted for changes in the cost of living since 1989 in the
manner provided by Internal Revenue Code section: 401(a)(17)(B) of
the Internal Revenue Code (1991 ). Chapter 185, Fla, Stat.
4. "Creditable service" or "credited service" shall mean the aggregate
number of years of service and fractional parts of years of service of
any police officer, omitting intervening years and fractional parts of
years when such police officer may not have been employed by the
municipality subject to the following conditions:
a, No police officer will receive credit for years or fractional parts
of years of service if he or she has withdrawn his or her
contributions to the fund for those years or fractional parts of
years of service, unless the police officer repays into the f
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fund the amount he or she has withdrawn, plus interest as
determined by the board in accordance with 318-172.
b. A police officer may voluntarily leave his or her contributions in
the Fund for a period of five (5) years after leaving the employ
of the police department, pending the possibility of his or her
being rehired by the same department, without losing credit for
the time he or she has participated actively as a police officer.
If he or she is not reemployed as a police officer with the same
department within five (5) years, his or her contributions shall
be returned to him or her without interest.
c. In determining the creditable service of any police officer,
credit for up to five (5Lyears of the time spent in the military
service of the Armed Forces of the United States shall be
added to the years of actual service, if:
(1) The police officer is in the active employ of the
municipality prior to such service and leaves a position,
other than a temporary position, for the purpose of
voluntary or involuntary service in the Armed Forces of
the United States.
(2) The police officer is entitled to reemployment under the
provisions of the Uniformed Services Employment and
Reemployment Rights Act.
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(3) The police officer returns to his or her employment as
a police officer of the municipality within one (1) year
from the date of his or her release from such active
service,
d. Continuous service with the employer shall not be broken in
the event of :
(1) Absence on an approved leave of absence;
(2) Absence from work because of occupational injury or
disease incurred in employment for which a police
officer is entitled to Workers' Compensation payments;
(3) Absence due to service in the armed forces of the
United States provided the officer shall re-enter
employment with the City within one ..11) year of
discharge.
Chapter 185, Fla. Stat.
5, "Beneficiary" shall mean any person, including the estate of the
member, who is entitled to receive a pension benefit payable from the
Boynton Beach Police Officers' Pension Fund upon the death of a
member or participant. Chapter 185, Fla. Stat.
6. "Fund" or "Police Officers' Pension Fund" shall mean the Boynton
Beach Police Officers' Pension Fund. Chapter 185, Fla. Stat.
7.
"Plan year" shall mean the fiscal year commencing October 151 and
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ending the following September 30th, Boynton Beach Code of
Ordinances Sec, 18-171, Ord. No. 90-23, S1, 8-7-90.
8. "Police officer" shall mean any person who is elected, appointed or
employed full time by the City of Boynton Beach, who is certified or
required to be certified as a law enforcement officer in compliance
with S943.1395, Florida Statutes, who is vested with authority to bear
arms and make arrests, and whose primary responsibility is the
prevention and detection of crime or the enforcement of the penal,
criminal, traffic or highway laws of the state. This definition includes
all certified supervisory and command personnel whose duties
include, in whole or in part, the supervision, training, guidance, and
management responsibilities of full-time law enforcement officers,
part-time law enforcement officers or auxiliary law enforcement
officers as the same are defined in S943.10(6) and (8), Florida
Statutes. Chapter 185, Fla. Stat.
9. "Retiree" or "retired police officer" shall mean a police officer who has
entered retirement status. For the purposes of the Deferred
Retirement Option Plan (DROP), a police officer who enters the
DROP shall be considered a retiree for all purposes of the plan.
Chapter 185, Fla, Stat.
10. "Retirement" shall mean a police officer's separation from City
employment with immediate eligibility for receipt of benefits under the
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plan. For purposes of the DROP, "retirement" means the date a
police officer enters the DROP. Chapter 185, Fla. Stat.
B. The masculine gender includes the feminine and words of the singular with
respect to persons include plural and vice versa.
Section 18-166. Board of Trustees Created,
A. Board of Trustees, There is hereby created a Board of Trustees of the
Boynton Beach Police Officers' Pension Fund which shall be solely
responsible for administering the Pension Fund. The Board of Trustees shall
be a legal entity, with the power to bring and defend lawsuits of every kind,
nature and description, and to the extent required to accomplish the intent,
requirements and responsibilities provided for in this ordinance Article. The
Board shall consist of five @ tIrustees as follows:
1. Two 12) legal residents of the City, who shall be appointed by the City
Council Commission. Each City Trustee shall serve at the pleasure
of the City Council Commission. Each City Trustee may succeed
himself or herself as a Trustee.
2. Two 12) police officer participants of the City of Boynton Beach Police
Officers Pension Fund, who are elected by a majority of the police
officer participants in the Fund. Elections shall be held under such
rules and regulations as the Board of Trustees shall from time to time
adopt. Each police officer tIrustee shall serve as a Trustee for a
period of two 12) years, unless he or she sooner ceases to be a police
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officer in the employ of the Boynton Beach Police Department,
whereupon their successor shall be elected by a majority of the
participants of the Boynton Beach Police Officers' Pension Fund.
Each police officer tIrustee may succeed himself or herself as a t
Irustee ,
3. A fifth tIrustee shall be chosen by the majority of the other four ill
tIrustees. This fifth tIrustee 's name shall be submitted to the City
Council Commission, which shall, as a ministerial duty, appoint such
person to the Board as a fifth tlrustee. The fifth tIrustee shall serve
as a tlrustee for a period of two ill years, and may succeed himself
or herself as a tlrustee.
Chapter 185, Fla. Stat.
B, Board Vacancies; Procedures to Fill Same, In the event a t Irustee
provided for in Section 18-166(A)(2) ceases to be a police officer in the
employ of the City of Boynton Beach Police Department, he shall be
considered to have resigned from the Board of Trustees, In the event such
a tIrustee shall resign, be removed, or become ineligible to serve as t
Irustee, the Board shall, by resolution motion, declare that office of t Irustee
vacated as of the date of adoption of such resolution motion. If such a
vacancy occurs in the office of t Irustee within ninety (90) days of the next
succeeding election for tlrustee, the vacancy shall be filled at the next
regular election for the unexpired portion of the term; otherwise, the vacancy
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shall be filled for the unexpired portion of the term at a special election called
by the Board. In the event at Irustee provided for in Section 18-166(A)(1)
and (3) shall resign, be removed or become ineligible to serve as t Irustee,
the Board shall, by resolution motion, declare that office of Trustee vacated
as of the date of adoption of the resolution motion. The successor for the
unexpired portion of the term shall be chosen in the same manner as an
original appointment.
C. Board Meetings: Quorum: Procedures. The Board of Trustees shall hold
meetings regularly, at least once each quarter and shall designate the time
and place thereof. At any meeting of the b .soard, three.Q) t- Irustees shall
constitute a quorum. Each t Irustee shall be entitled to one ill vote on each
question before the Board and at least three .Q) concurring votes shall be
required for a decision by the Board at any of its meetings. The Board shall
adopt its own rules and procedures and shall keep a record of its
proceedings. All meetings of the Board shall be open to the public. No
t Irustee shall take part in any action in connection with their own
participation in the f Eund, and no unfair discrimination shall be shown to any
individual police officer participating in the fEund.
1. Board Chairman and Secretary.
a, The Board of Trustees shall, by majority vote, elect from its
members a Chairman and a Secretary.
b. The secretary of the Board shall keep:
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(1) a complete minute book of the actions, proceedings or
hearings of the Board;
(2) A record of all persons receiving retirement payments
under the plan which includes the time when the
pension is allowed and when the pension shall cease to
be paid; and
(3) A list of all police officers employed by the municipality
which includes the name, address and dates of hire and
termination.
D. Compensation. The t Irustees of the Boynton Beach Police Officers'
Pension Fund shall not receive any compensation for their services as such,
but may receive expenses and per diem when performing official duties in
administering the fund.
Section 18-167, Powers of the Board oftlrustees.
A. The Board of Trustees may:
1, Invest and reinvest the assets of the Boynton Beach Police Officers'
Pension Fund in annuity and life insurance contracts of life insurance
companies in amounts sufficient to provide, in whole or in part, the
benefits to which all the participants in the municipal police officers,
retirement trust fund Pension Fund shall be entitled under the
provisions of this ordinance Article and pay the initial and subsequent
premiums thereon from the integral part of the Fund. If current state
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contributions are adequate to fund minimum requirements of Chapter
185, Florida Statutes additional State funds may be used to provide
benefits that exceed requirements of Chapter 185.
2. Invest and reinvest the assets of the retirement trust fund in:
a. Time or savings accounts of a national bank, a state bank
insured by the Bank Insurance Fund, or a savings and loan
association insured by the Savings Association Insurance
Fund which is administered by the Federal Deposit Insurance
Corporation or a state or federal chartered credit union whose
share accounts are insured by the National Credit Union Share
Insurance Fund.
b. The aggregate investment of fEund assets in:
(1) Obligations of the United States or obligations
guaranteed as to principal and interest by the
Government of the United States;
(2) Bonds issued by the State of Israel;
(3) Bonds or other evidences of indebtedness issued or
guaranteed by a corporation organized under the laws
of the United States, any state or organized territory of
the United States, or the District of Columbia. However,
the average rating of such investments in bonds shall
be no lower than AA-;
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(4) County bonds containing a pledge of the full faith and
credit of the county involved, bonds of the division of
bond finances of the department of general services, or
of any other state agency, which have been approved
as to legal and fiscal sufficiency by the state board of
administration; and
(5) Obligations of any municipal authority issued pursuant
to the laws of this state; provided, however, that for
each of the five @ years next preceding the date of
investment the income of such authority available for
fixed-charges shall have been not less than 1.5 times
its average annual fixed-charges requirement over the
life of its obligations; shall not at cost exceed sixty-five
percent (65%) of the fund's assets; nor shall more than
ten percent (10%) of the fund's assets be invested in
the bonds or other certificates of indebtedness of any
one ill issuing company; not shall the aggregate of
such investment in anyone ill issuing company exceed
three percent (3%) of the outstanding bonds or other
certificates of indebtedness of that company,
c. The aggregate investment of ff:und assets in the common
stock or capital stock issued by a corporation organized under
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the laws of the United States, any state, or organized territory
of the United States or the District of Columbia shall not, at
market, exceed sixty-five percent (65%) of the fund's assets;
nor shall more than five percent {5%) of the fund's assets be
invested in common stock or capital stock of anyone ill
issuing company; nor shall the aggregate of such investment
in anyone ill issuing company exceed three percent (3%) of
the outstanding common or capital stock of that company. The
Board of Trustees may invest up to ten percent (10%) of plan
assets in foreign securities up to the limits permitted by Florida
Statutes ~185.06(b).
d. Real Estate, except that the aggregate investment of fEund
assets in Real Estate may not exceed ten percent (10%) of
assets
3, Issue drafts upon the Boynton Beach Police Officers Pension Fund
pursuant to this ordinance Article and rules and regulations prescribed
by the Board of Trustees. All such drafts shall be consecutively
numbered and shall be signed by the Chairman and Secretary of the
Board or their designee and shall state upon their faces the purpose
for which the drafts are drawn. The City Treasurer shall retain such
drafts when paid, as permanent vouchers for disbursements made,
and no money shall be otherwise drawn from the Fund.
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4, Convert into cash any securities of the Fund as it may deem
advisable, having regard for the cash requirements of the fund,
5. Keep complete record of all receipts and disbursements and of the
Boards, acts and proceedings,
6, The bBoard oft Irustees may cause any investment in securities held
by it to be registered in or transferred into its name as trustee or into
the name of such nominee as it may direct but the books and records
shall at all times show that all investments are part of the fEund,
B. The sole and exclusive administration of, and the responsibilities for, the
proper operation of the retirement fund and for making effective the
provisions of this chapter are vested in the b];!oard of tIrustees,
C. The Board of Trustees shall retain a professionally qualified independent
consultant who shall evaluate the performance of any existing professional
money manager and shall make recommendations to the bBoard of t
Irustees regarding the selection of money managers, if necessary. The term
"professionally qualified independent consultant" shall have the meaning as
set forth in Florida Statutes ~185,06(5)(b). Florida Statutes.
0, The Board of Trustees may employ such independent professional, technical
or other advisers as may be needed to fulfill the Board's responsibilities
under this pPension pElan. These professionals include but are not limited
to: legal counsel, actuary and certified public accountants. If the Board
chooses to use the City's legal counsel, actuary or other professional,
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technical or other advisers, it must do so only under terms and conditions
acceptable to the Board.
Chapter 185, Fla. Stat., Code 1958, S21-86; Ord. No. 83-11,211,4-19-83; Ord. No. 83-42,
S1, 12-6-83; Ord, No. 90-28, S1, 9-5-90; Ord. No. 099-20, S2; Ord. No. 02-004; Ord. No.
02-034 S1,
Section 18-168. Membership
All police officers who are participants in the Fund as of the effective date of this
ordinance shall be members of this retirement system. Each police officer shall be
included in this plan on the date of hire.
Section 18-169. Requirements for Retirement-Benefit Amounts.
A. Normal Retirement
1 . Normal Retirement Date, The normal retirement date of each police
officer shall be the first day of the month coinciding with, or next
following, the date on which he or she has attained and completed
twenty (20) years of service or the first day of the month coinciding
with or next following the date on which he or she has attained age
fifty-five (55) and completed ten (10) years of service or age fif1yJ50)
and completed fifteen (15) years of service.
(Ord. No. 81-28, S1, 9-15-81; Ord. No. 000-18, S4, 6-6-00; Ord. No.
02-004 S1)
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2, Normal Retirement Benefit. The normal retirement benefit payable to
a police officer who retires on or after the normal retirement date shall
be an amount equal to the number of years of his or her credited
service multiplied by three and one half percent (3.5%) of his or her
average final compensation, (Code 1958, S21-85, Ord. No. 099-20,
7-20-99)
3. Form of Benefit. A retired police officer's retirement benefit normally
shall be payable in the form of a monthly life annuity with 120 monthly
payments guaranteed. This form of annuity provides for a retirement
benefit payable monthly to the retired employee during their lifetimes
with a guarantee that not less than 120 monthly retirement benefits
shall be paid, even if the retired employee dies prior to the receipt of
120 payments, (Florida Statutes Chapter 185, Ord. No. 000-18, S1,
6-6-00 )
B. Early Retirement.
1, Early Retirement Date An employee who has attained age fifty (50)
and completed at least ten ( 10) years of credited service may elect to
terminate employment and retire on an Early Retirement Date which
may be the first day of any month after ten (10) years of service and
attainment of age fifty (50).
2. Early Retirement Benefit, The monthly amount of early retirement
benefits payable to a police officer who retires on the Early
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Retirement date shall be determined in accordance with Sec. 18-
169fA) based on credited service to the early retirement date subject
to an actuarial reduction of one and one-half percent (1.5%) per year
of service to take into account the police officer's younger age and the
earlier commencement of retirement benefits. The early retirement
benefit shall be paid in accordance with ~18-169fA) ,
Florida Statutes Chapter 185; Ord. No. 02-004 ~1.
C. Disability Retirement.
1. Service Incurred. Any member who receives a medically
substantiated service connected injury, disease or disability which
injury, disease or disability totally and permanently disabled him or her
to the extent that in the opinion of the Board of Trustees, he or she is
wholly prevented from rendering useful and efficient service as a
police officer shall receive a monthly benefit equal to sixty-six and
two-thirds percent 66 % 2/3% of his basic rate of earnings in effect on
the date of disability. Such benefit shall be payable on the first day of
each month, commencing on the first day of the month following the
latter to occur of the date on which the disability has existed for three
f3) months and the date the bf!oard of tIrustees approved the
payment of such retirement income. A disability retiree may select
from the optional forms of benefits available to service retirees in
accordance with section 18-170, In the event of recovery prior to the
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otherwise normal retirement date, credit for service during the period
of disability shall be granted for purposes of subsequent retirement
benefits. Subsequent retirement benefits will be actuarially reduced
to account for the benefits that were paid during the period of
disability. The amount of the disability benefit payment from the fund
shall be reduced by any amounts paid from worker's compensation
and the federal social security system. The reduction for social
security benefits shall be in the amount of the primary insurance
amount (PIA) only, and future increases, if any, in the disabled
member's social security disability benefits shall not serve to reduce
any further the disability benefit from the fund. The reduction for
social security shall terminate upon the attainment of age sixty-five
{65} The pension benefit may only be reduced to the extent that the
total of the benefits from this Fund, workers' compensation and social
security benefits exceed one hundred percent 100% of the disabled
member's basic rate of earnings on the date of disability. However,
in all cases the benefit will be at least forty-two percent (42%) of
average final compensation.
Any condition or impairment of health of a member caused by
tuberculosis, hypertension, heart disease, hardening of the arteries,
hepatitis, or meningococcal meningitis resulting in total or partial
disability or death, shall be presumed to be accidental and suffered
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in the line of duty unless the contrary be shown by competent
evidence, Any condition or impairment of health caused directly or
proximately by exposure, which exposure occurred in the active
performance of duty at some definite time or place without willful
negligence on the part of the member, resulting in total or partial
disability, shall be presumed to be accidental and suffered in the line
of duty, provided that such member shall have successfully passed
a physical examination upon entering such service, which physical
examination including electrocardiogram failed to reveal any evidence
of such condition. In order to be entitled to presumption in the case
of hepatitis, meningococcal meningitis, or tuberculosis, the member
must meet the requirements of 9112.181, Florida Statutes. The final
decision whether a member meets the requirements for duty disability
pension rests with the b ~oard and shall be based on substantial
competent evidence on the record as a whole.
2. Nonservice incurred. Effective October 1,2000, any member with ten
(10) years of continuous service who receives a nonservice incurred
injury, illness, disease or disability, and which illness, injury, disease
or disability totally and permanently disables him to the extent that, in
the opinion of the b~oard of tIrustees, he is wholly prevented from
rendering useful and efficient service as a police officer, shall receive
from the fund in equal monthly installments an amount equal to three
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and one half percent (3.5%) of his average final compensation for
each year of continuous service until death or recovery from disability
whichever shall first occur, provided, however, the maximum benefit
to which a member may become entitled under this paragraph shall
not exceed sixty percent (60%) of his average final compensation
during said period, but in all cases the benefit will be at least twenty-
five percent (25%} of average final compensation during said period.
Such benefit shall be payable on the first day of each month,
commencing on the first day of the month following the latter to occur
of the date on which the disability has existed for three (3) months
and the date the 17~oard of tIrustees approved the payment of such
retirement income,
3, Medical Board, Whenever it becomes necessary for the board to
avail itself of the services of physicians in the case of an application
for disability retirement, the board shall designate a medical board to
be composed of competent medical authorities and/or specialists, as
needed. The medical board shall arrange for and pass upon the
medical examinations required under the provisions of this section,
shall investigate all essential statements or certificates made by or on
behalf of a member in connection with an application for disability
retirement and shall report in writing to the 17Board its conclusions and
recommendations upon all matters referred to it. The payment for
such services shall be determined by the 17 Board.
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4. Return to active duty from disability retirement. In the event a
member who has been retired on a pension on account of permanent
and total incapadty regains his health and is found by the medical
board designated by the b~oard to be in such physical and mental
condition as to meet the requirements of the personnel department for
service as a police officer of the city, the b~oard shall order his
pension discontinued, and he shall be ordered to resume active duty
in the city at the same rate of compensation currently in effect for his
pay grade. The b~oard shall review periodically, in its discretion, the
condition of any member receiving a pension for disability and if there
is substantial evidence that the retired member is capable of
performing service acceptable to the city as a police officer, he shall
be ordered to resume active duty and his pension shall be
discontinued.
5. Disability Exclusions. No member shall be granted a disability
pension upon a showing to the satisfaction of the b~oard:
a. That the disability resulted from an intentionally self-inflicted
wound, injury or ailment, or
b, That the disability resulted from excessive and habitual use of
narcotics, drugs, or intoxicants (alcoholic beverages);
c. That the disability resulted from an injury or disease sustained
by the police officer while willfully and illegally participating in
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fights, riots, civil insurrections or while committing a crime;
d, That the disability resulted from an injury or disease sustained
by the police officer while serving in any armed forces;
e, That the disability resulted from an injury or disease sustained
by the police officer after employment has been terminated; or
f. That, in the case of a duty disability only, the disability resulted
from an injury or disease sustained by the police officer while
working for anyone other than the City and arising out of such
other employment.
6, Further disability provisions. Each member applying for a service
incurred disability benefit from this fund shall be required to apply for
disability benefits under social security, and, if applicable, workers'
compensation. Furthermore, each person granted a service incurred
disability shall be required to submit to the bBoard , no later than
March 1st of each year, a statement showing the monthly amount of
social security (PIA only) and workers' compensation benefits
received by him or her as of March 1st. Willful refusal by such
persons to comply with these regulations shall be grounds for the
termination of or nonapproval of disability benefits from this system.
However, the b Board shall exercise its discretion in each case.
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D, Death benefit.
1. If any member shall die prior to retirement or other termination of
employment with the city and that death is found by the Board of
Trustees to have occurred in the line of duty regardless of the years
of service, a death benefit shall be payable to the deceased member's
spouse. The benefit shall equal three and one half percent (3.5%) of
average final compensation for each year of continuous service;
provided, however, the benefit will be at least thirty percent (30%) of
average final compensation. It shall be payable in equal monthly
installments commencing the first day of the month following the date
of death and ceasing upon the death of the spouse, If there is no
spouse, the benefit, if any, will be paid to the deceased participant's
estate.
2. If any member with at least ten (10) years of continuous service shall
die prior to retirement or other termination of employment with the
city, a death benefit shall be payable to the deceased members
spouse. The benefit shall equal three and one half percent (3.5%) of
average final compensation for each year of continuous service, It
shall be payable in equal monthly installments commencing the first
day of the month following the date of death and ceasing upon the
death or remarriage of the spouse. If there is no spouse, the benefit,
if any, will be paid to the deceased participant's estate.
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(Florida Statutes ~185, Code 1958, ~21-87; Ord. No. 78-6, ~1, 3-7-78;
Ord, No. 000-18, ~2, 6-6-2000; Ord. No. 02-004, ~1)
3, If a member dies before being eligible to retire, the heirs, legatees,
beneficiaries or personal representatives of such deceased member
shall be entitled to a refund of 100% of the contributions made by the
member to the Fund, without interest.
E. Separation from Service.
1. Effective for terminations on and after October 1, 2002, if a member
leaves the service of the City before accumulating aggregate time of
5 years toward retirement and before being eligible to retire, such
member shall be entitled to a refund of all of his or her contributions
made to the Fund, without interest.
2. If any member who had been in the service of the City for at least ten
f10} years elects to leave his or her accrued contributions in the Fund,
such police officer upon attaining age fifty (50) years or more (without
reaching what would have been twenty years of service had he not
terminated his employment) may receive an early retirement benefit
at the actuarial equivalent of the amount of such retirement income
otherwise payable to him or her at early retirement or upon attaining
what would have been normal retirement had he not terminated his
employment, such police officer may receive his or her accrued
normal retirement benefit.
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3. Effective for terminations after October 1, 2002, if any member who
had been in the service of the City for at least five (5) years elects to
leave his or her accrued contributions in the Fund, such police officer,
upon attaining what would have been normal retirement had he not
terminated his or her employment, may receive the accrued nonnal
retirement benefit.
Fla. Stat. Chapter 185; Ord. No. 02-063, ~2.
F. Monthly Supplemental Benefits.
1. Effective October 1, 2006, any eligible retiree, including DROP
participants, or beneficiary receiving pension benefits is entitled to a
monthly supplemental pension benefit. The benefit pool will be
funded by one hundred percent (100%) of the annual earnings and
ten percent (10%) of the principal created by the contributions set
forth in sub-paragraph Q 4 below.
a. Such benefit will be funded by a one (1 %) contribution from the
Members and a one (1%) contribution from the 185 monies.
The Member and the 185 contributions shall be effective
October 1, 2001. Employees will contribute to this benefit
through twenty (20) years of service.
b. The distribution provided for in this paragraph shall be divided
amonq eliqible retirees on a pro-rata basis in shares. The
shares shall be determined based upon the sum of an eligible
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retiree's years and partial years of credited service (maximum
credit is twenty (20) years) plus the eligible retiree's years and
partial retirement years as of September 30 of the current year
(maximum credit of twenty (20) years), The share value shall
be determined by totaling all of the shares of eliqible retirees
divided into the current years' total distribution amount. An
individual eligible retiree's distribution shall be equal to the
number of the eligible retiree's shares multiplied by the share
value.
c, This benefit shall be payable annuallv in a lump sum as of
October 1, of each year, beqinninq December 1, 2006. The
benefit shall be payable to the eligible retiree, includinq DROP
participants, or any beneficiary eligible to receive benefits as
a result of the death of a retiree. The benefit shall cease upon
the death of the eligible retiree or beneficiary, whichever is the
last surviving pension recipient.
2, Beginning October 1, 2003, 100% of the excess money received
pursuant to Chapter 185, Florida Statutes, ("185 money"), each
calendar year in excess of the base amount of $465,087, plus one
percent (1 %) of payroll annually to fund the benefit as provided in
paragraph 1 4, plus any 185 money held in reserve, shall be
distributed to all current eliqible retirees, including DROP participants,
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or beneficiaries receiving benefits. These supplemental benefit
payments will be distributed according to the formula set forth in sub-
paragraph Q 3. This distribution is in addition to the benefit provided
for in paragraph.1 which shall begin October 1, 2006,
Q. The distribution provided for in this paragraph shall be divided
amonq eliqible retirees on a pro-rata basis in shares. The
shares shall be determined based upon the sum of an eligible
retiree's years and partial year~ of credited service (maximum
credit is twenty (20) years) plus the eligible retiree's years and
partial retirement years as of September 30 of the current year
(maximum credit of twenty (20) years). The share value shall
be determined by totaling all of the shares of eliqible retirees
divided into the current years' total distribution amount. An
individual eligible retiree's distribution shall be equal to the
number of the eligible retiree's shares multiplied by the share
value.
b. Allocations for surviving spouses and surviving dependent
children shall be based upon the formula in this paragraph,
adiusted by the percentage of the optional form of benefit
selected.
c. This benefit shall be payable annually in a lump sum as of
June 1 of each year, beginning June 1, 2004. The benefit
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shall be payable to the eliQible retiree. including DROP
participants. or any beneficiary eligible to receive benefits as
a result of the death of a retiree. The benefit shall cease upon
the death of the eliQible retiree or beneficiary. whichever is the
last surviving pension recipient.
3. Definitions.
a. For purposes of this section only. "credited service" means the
number of years and partial years of service originally used by
the pension plan to determine pension benefits, For eligible
retirees who retired on a duty disability retirement. 20 years of
service is credited for this part of the monthly supplemental
benefit calculation at the time that the disability benefit begins,
Non-duty disability retirees shall be credited with actual years
of credited service.
b. For purposes of this section only. "retirement years" means the
number of years and partial years that a retiree has received
a pension benefit to include the number of years and partial
years as a DROP participant. For eliQible retirees who retired
on a duty disability retirement. no retirement years will be
accumulated for this part of the monthly supplemental benefit
calculation until after the member would have attained 20
years of credited service. had he not retired on a duty disability
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retirement. Non-dutv disability retirees shall be credited with
actual years in receipt of a pension benefit.
c. For purposes of this section only. "eliqible retirees" means
current retirees who were retired as of September 30 of each
year. including DROP participants. or beneficiaries receiving
benefits.
3, The benefit pool shall be di'v'ided according to the total number of
years of service rendered by all retirees, with a cap of 20 years. The
shares vv'ill be divided on a pro-rata basis on the follov'Ving schedule:
20 or more years of service
19 years of service
18 years of service
17 years of service
16 years of service
15 years of service
14 years of service
13 years of service
12 years of service
11 years of service
10 years of service
9 years of service
8 years of service
7 years of service
6 years of service
5 years of service
Duty Disability
Nonduty Disability
Oeneficiary
100%
95%
90%
85%
80%
75%
70%
65%
60%
55%
50%
45%
40%
35%
30%
25%
100%
Oased on above schedule
Oased on number of years
of retiree's service
4. Such benefit will be funded by a 1 % contribution from the Members
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and a 1 % contribution from the 185 monies. The Member and the
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1 as contributions shall be effecth;e October 1, 2001. employees will
contribute to this benefit through 20 years of service,
S. These benefits shall be payable monthly as a part of the regular
monthly pension benefit. The benefit shall be payable to the retiree,
including DROP participants, or any beneficiary eligible to receive
benefits as a result of the death of a retiree. The benefit shall cease
upon the death of the retiree or beneficiary, whichever is the last
surviving pension recipient.
(Ord. No. 02-004, ~1; Ord, No, 02-063, ~3; Ord. No. 03-065, ~2)
Section 18-170, Optional Forms of Benefits,
A. Each member entitled to a normal, early or disability retirement benefit shall
have the right at any time prior to the date on which the benefit begins to
elect to have the benefit payable under any of the options hereinafter set
forth in lieu of the amount and form of benefits provided above, and to
revoke an such elections and make a new election at any time prior to the
actual commencement of payment.
B, The value of optional benefits shall be the actuarial equivalent of the value
of benefits otherwise payable, The member shall make an election by
written request to the Board, such request being retained in the Board's files.
The options available to the members of the Fund are as follows:
1. Life Annuity. The member may elect to receive a benefit payable for
the member's life only.
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2. Contingent Annuitant (Joint and Survivor Option), The member may
elect to receive a benefit during the joint lifetime of the member and
a joint pensioner designated by the police officer, and following the
death of either of them, 100%,75%, 662/3% or 50% of such monthly
benefit payable to the survivor for the lifetime of the survivor.
3. Survivor Annuity. The member may elect to receive a benefit during
the member's lifetime and then following the death of the member, a
reduced amount to a beneficiary. At the time of retirement, the
member may choose a survivor benefit of 100%, 75%,66 :n2/3% or
50% of the member's monthly benefit. This amount will be payable
to the beneficiary for the lifetime of the beneficiary.
C. The member upon electing any option of this section will designate the joint
pensioner or beneficiary (or beneficiaries) to receive the benefit, if any,
payable under the plan in the event of the member's death, and will have the
power to change such designation from time to time but any such change
shall be deemed a new election and will be subject to approval by the p
I:ension b.s.oard. Such designation will name a joint pensioner or one ill or
more primary beneficiaries where applicable. If a member has elected an
option with a joint pensioner or beneficiary and his or her retirement income
benefits have commenced, he or she may thereafter change the designated
joint pensioner or beneficiary but only if the b.s.oard of tIrustees consents to
such change and if the joint pensioner last previously designated by the
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police officer is alive when he or she files with the bBoard of tIrustees a
request for such change. The consent of a member's joint pensioner or
beneficiary to any such change shall not be required. The b.!;ioard of t
Irustees may request such evidence of the good health of the joint
pensioner that is being removed as it may require and the amount of the
retirement income payable to the police officer upon the designation of a new
joint pensioner shall be actuarially redetermined taking into account the ages
and sex of the former joint pensioner, the new joint pensioner, and the
member. Each such designation will be made in writing on a form prepared
by the bBoard of tlrustees , and on completion will be filed with the b.!;ioard
of tIrustees. In the event that no designated beneficiary survives the
member, such benefits as are payable in the event of the death of the
member subsequent to his or her retirement shall be paid as provided in s,
18-171.
D. Retirement income payments shall be made under the option elected in
accordance with the provisions of this section and shall be subject to the
following limitations:
1, If a member dies prior to his or her normal retirement date or early
retirement date, no benefit will be payable under the option to any
person, but the benefits, if any, will be determined under s. 18 -169
{OJ.
2.
If the designated beneficiary (or beneficiaries) or joint pensioner dies
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before the member's retirement under the plan, the option elected will
be canceled automatically and a retirement income of the normal form
and amount will be payable to the member upon his or her retirement
as if the election had not been made, unless a new election is made
in accordance with the provisions of this section or a new beneficiary
is designated by the member prior to his or her retirement.
3. If both the member and the designated beneficiary (or beneficiaries)
die before the full payment has been effected under any option
providing for payments for a period certain and life thereafter, mctde
pursuant to the provisions of subparagraph (1 )(a)3., the b~oard of t
Irustees may, in its discretion, direct that the commuted value of the
remaining payments be paid in a lump sum.
4. If a member continues beyond his or her normal retirement date and
dies prior to actual retirement and while an option made pursuant to
the provisions of this section is in effect, monthly retirement income
payments will be made, or a retirement benefit will be paid, under the
option to a beneficiary (or beneficiaries) designated by the member
in the amount or amounts computed as if the police officer had retired
under the option on the date on which death occurred.
5. A member may not make any change in retirement option after the
date of cashing or depositing the first retirement check.
Sec, 18-171. Beneficiaries.
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A. Each member may, on a form provided for that purpose which was signed
and filed with the Board of Trustees, designate a beneficiary (or
beneficiaries) to receive the benefit, if any, which may be payable in the
event of death; and each designation may be revoked by such member by
signing and filing with the Board of Trustees a new designation of beneficiary
form.
B. If a deceased member officer failed to name a beneficiary in the manner
prescribed above in subsection 4 A, or if the beneficiary (or beneficiaries)
named by the deceased member predeceases the member, the death
benefit, if any, which may be payable under the plan with respect to such
deceased police officer may be paid at the discretion of the Board of
Trustees to the estate of the deceased member, provided that the b J;!oard
of tIrustees may direct that the commuted value of the remaining monthly
income payments be paid in a lump sum. Any payment made to any person
pursuant to this section shall operate as a complete discharge of all
obligations under the plan with regard to such deceased member and shall
not be subject to review by anyone, but shall be final, binding and conclusive
on all persons ever interested hereunder.
Section 18-172. Buy Back of Service
A. Re-employment. When any former police officer of the city is re-
employed, he will become a member of the plan upon re-employment as a
full time permanent police officer. When a former police officer of the City
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is re-employed and had withdrawn contributions previously made tothe plan,
he may reinstate his previous service upon satisfaction of each of the
following conditions:
1. The break in city employment is not more than ~60) months; and
2, The plan is paid the total amount previously withdrawn (consisting of
accumulated member contributions plus any interest previously paid
by the plan on those contributions). This total amount is brought
forward with interest for the total number of months from the date of
withdrawal to the date of repayment, calculated to the nearest month.
This calculated amount equals the amount to be repaid to the Plan in
a lump sum. The interest to bring forward the total amount will be at
the equivalent compound monthly rate derived from the earning rate
assumed by the actuary in the most recent actuarial valuation
submitted to the Division of Retirement pursuant to rlorida Statutes
e-Chapter 112, 13 Eart VII, Florida Statutes. (Ord. No. 96-05, S 1, 3-6-
96).
B. Prior police officer service.
Unless otherwise prohibited by law, the years or fractional parts of years that
a police officer previously served as a police officer with the city during a
period of employment and for which accumulated contributions were
withdrawn from the fund, or the years and fractional parts of years that a
police officer served as a police officerforthis or any other municipal, county,
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or state police department or service in the military shall be added to the
years of credited service provided that:
1. The police officer contributes to the fEund the sum that would have
been contributed, based on the police officer's salary and the
employee contribution rate in effect at the time that the credited
service is requested, had the police officer been a member of this
system for the years or fractional parts of years for which the credit is
requested plus amount actuarially determined such that the crediting
of service does not result in any cost to the fEund plus payment of
costs for all professional services rendered to the b~oard in
connection with the purchase of years of credited service,
2. Payment by the police officer of the requirement amount may be
made within six ill.) months of the request for credit and in one ill
lump sum payment, or the police officer can buy back this time over
a period equal to the length of time being purchased or five @ years,
whichever is greater, at an interest rate which is equal to the fEund's
actuarial assumption. A police officer may request to purchase a
maximum of five (5) years of service. No credit shall be given for any
service until all years of service which are to be repurchased, have
been repurchased.
3. The credit purchased under this section shall count for benefit
computation purposes, but not for vesting.
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4. In no event, however, may credited service be purchased pursuant to
this section for prior service with any other municipal, county or state
police department, if such prior service forms or will form the basis of
a retirement benefit or pension from another retirement system or
plan. This paraqraph does not apply to military service.
Section 18-173. Rollovers
A. Direct transfers of eligible rollover distributions.
1. General. This subsection applies to distributions made on or after
January 1, 1993. Notwithstanding any provision of the plan to the
contrary that would otherwise limit a distributee's election under this
subsection, a distributee may elect, at the time and in the manner
prescribed by the b~oard of tIrustees, to have any portion of an
eligible rollover distribution paid directly to an eligible retirement plan
specified by the distributee in a direct rollover.
2. Definitions
a. Eligible rollover distribution: An eligible rollover distribution is
any distribution of all or any portion of the balance to the credit
of the distributee, except that an eligible rollover does not
include any distribution that is one ill of a series of
substantially equal periodic payments (not less frequently than
annually) made for the life (or life expectancy) of the distributee
or the joint lives (or joint life expectancies) of the distributee
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and the distributee's designated beneficiary, or for a specified
period of ten .L1Q) years or more; any distribution to the extent
such distribution is required under section 401(a)(9) of the
Internal Revenue Code; and the portion of any distribution that
is not includable in gross income.
b, Eligible retirement plan: An eligible retirement plan is an
individual retirement account described in section 408( a) of the
Internal Revenue Code, an individual retirement annuity
described in section 408(b) of the Internal Revenue Code, an
annuity plan described in section 403(a) of the Internal
Revenue Code, or a qualified trust described in section 401 (a)
of the Internal Revenue Code, that accepts the distributee's
eligible rollover distribution. However, in the case of an eligible
rollover distribution to the surviving spouse, an eligible
retirement plan is an individual retirement account or individual
retirement annuity.
c. Distributee: A distributee includes an employee or former
employee. In addition, the employee's or former employee's
surviving spouse and the employee's or former employee's
spouse or former spouse who is entitled to payment for
alimony and child support under an income deduction order,
are distributees with regard to the interest of the spouse or
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Page 41 of 64
former spouse.
d. Direct rollover. A direct rollover is a payment by the plan to the
eligible retirement plan specified by the distributee.
B. Rollovers from qualified plans. A member may roll over all or a part of his or
her interest in another qualified plan to the Fund, provided all of the following
requirements are met:
1 , Some or all of the amount distributed from the other plan is rolled over
to this plan no later than the 60th day after distribution was made from
the Plan or, if distributions are made in installments, no later than the
60th day after the last distribution was made.
2. The amount rolled over to this Fund does not include any amount
contributed by the member to the Plan on a post-tax basis. Effective
October 1, 2002, a member may rollover amounts contributed on a
post-tax basis.
3. The rollover is made in cash.
4, The member certifies that the distribution is eligible for a rollover.
5. Any amount which the trustees accept as a rollover to this Fund shall,
along with any earnings allocated to them, be fully vested at all times.
A rollover may also be made to this Plan from an individual retirement
account qualified under section 408 of the Internal Revenue Code when the
individual retirement account was merely used as a conduit for funds from
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another qualified plan and the rollover is made in accordance with the rules
provided in paragraphs 1 - 5. Amounts rolled over may be segregated from
other Fund assets, The trustees shall separately account for gains, losses,
and administrative expenses of these rollovers. In addition, the Fund may
accept the direct transfer of a member's benefits from another qualified
retirement plan or to a IRC S457 deferred compensation plan pursuant to
section 457 of the Internal Revenue Code. The Fund shall account for direct
transfers in the same manner as a rollover and shall obtain certification from
the member that the amounts are eligible for a rollover or direct transfer to
this Fund.
(Ord, No, 90-47, ~2, 10-3-90; 93-71, ~2, 12-7-93; Ord. No. 9-58, ~1, 1-3-95)
C. Transfer of Accumulated Leave
1. Members eligible to receive accumulated sick leave, accumulated
vacation leave or any other accumulated leave payable upon
retirement, including entry into the DROP, shall separation may elect,
not later than the December 3151 of the c3Iend::u Y03r prior to the ye3r
of retirement or entry into the DROP, to have the leave transferred to
the Plan. For purposes of this section, the tenn "separation" shall
mean termination of service as a police officer with the City.
Members on whose behalf leave has been transferred may elect one
of the following distribution options within thirty (30) days of
separation. Members failing to elect a distribution option within thirty
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(30) days of separation will be deemed to have elected option (a)
below:
(a) Receive a lump sum equal to the transferred leave balance; or
(b) Transfer the entire amount of the transferred leave balance
directly to any eligible retirement plan; or
(c) Purchase additional service credit as may be permitted by the
Code. If the leave balance exceeds the cost of the service
credit purchased, the balance shall be paid to the member in
a lump sum; or
(d) Transfer the entire amount of the transferred leave balance
into the member's DROP account; or
fill Maintain the entire leave balance within the Plan, EarninQs
shall be paid as follows:
(1) Gains or losses at the same interest rate earned bv the
Pension Plan; or
(2) A guaranteed rate of seven percent (7%) or
(3) A percentage of the leave balance account will be
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credited with interest gains or losses at the same rate
earned by the pension plan and the remaining
percentage will be credited with earnings at a
quaranteed rate of seven percent (7%). The actual
percentage shall be selected bv the member on a form
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provided bv the Board of Trustees, The total of the two
percentages must eauaI100%.
These accounts will be assessed an administrative fee that is based
upon the ratio that the Emplovee's DROP account bears to the Fund
as a whole.
2, Members who fail to olect a transfer not later than tho December 31st
of the calendar year prior to the year of retirement or entry into the
DROP viill receive payment in a lump sum at time of separation with
all attendant tax consequences.
23, If a member on whose behalf the City makes a transferred leave
balance to the Plan dies after retirement or other separation. but
before making an election. as provided. or after making an election
but before any distribution is made, the election option shall be void.
In such an event. any person who would have received a death
benefit had the member died in service immediately prior to the date
of retirement or other separation, shall be entitled to receive an
amount equal to the transferred leave balance in a lump sum. In the
case of a surviving spouse or former spouse. an election may be
made to transfer the leave balance to an eligible retirement plan in
lieu of the lump sum payment. Failure to make such an election by
the surviving spouse or former spouse within sixty (60) days of the
member's death will be deemed an election to receive a lump sum
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payment.
J4. The Board, by rule, shall have the authority to enact administrative
rules for purposes of administering the provisions of this Section,
consistent with the Federal tax laws in effect on the date of transfer.
No such rule shall conflict with the provisions of this section.
5. Members electing to enter into the DROr shall be required to
preserve a balance of one hundr~d and twenty (120) hours of sick
leave and one hundred and twenty (120) hours of 'vacation leave at
the time of entry into the DROP.
1,6. The value of the leave transferred shall be determined in accordance
with applicable city personnel policies or collective bargaining
agreements.
Section 18-174. Miscellaneous,
A. Pension Validity. The Board of Trustees shall have the power to examine
the facts upon which any pension shall have been granted or obtained
erroneously, fraudulently, or illegally for any reason, The Board is
empowered to purge the pension rolls of any person granted a pension
under proper or existing law or granted under this ordinance if the pension
is found to be erroneous, fraudulent or illegal for any reason; and to
reclassify any pensioner who has under any prior or existing law or who shall
hereafter under this ordinance be erroneously, improperly, or illegally
classified.
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B. False or misleading statements made to obtain retirement benefits
prohibited.
1. It is unlawful for a person to willfully and knowingly make, or cause to
be made, or to assist, conspire with, or urge another to make, or
cause to be made, any false, fraudulent, or misleading oral or written
statement or withhold or conceal material information to obtain any
benefit ,under this plan,
2.
a.
A person who violates subparagraph 1, commits a
misdemeanor of the first degree, punishable as provided in
~~775.082 or 775.083. Florida Statutes,
b, In addition to any applicable criminal penalty, upon conviction
for a violation described in subparagraph 1., a participant or
beneficiary of this plan may, in the discretion of the b !;!oard of
t- Irustees, be required to forfeit the right to receive any or all
benefits to which the person would otherwise be entitled under
this plan, For purposes of this sub-subparagraph, "conviction"
means a determination of guilt that is the result of a plea or
trial, regardless of whether adjudication is withheld,
C, Incompetence. If any member or beneficiary is a minor or is, in the judgment
of the Board, otherwise incapable of personally receiving and giving a valid
receipt for any payment due them from the Fund, the Board may, unless and
until claims have been made by a duly appointed guardian or committee of
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Page 47 of 64
such person, make such payment or any part thereof to such person's
spouse, children, parent or other person deemed by the Board to have
incurred expenses or assumed responsibility for the expenses of such
person. Any payments so made shall be a complete discharge of any liability
under the system for such payment.
D. Rights and Benefits Not Subject to Legal Process. The rights and benefits
provided for herein are vested rights of participants in the Fund and shall not
be subject to attachment, garnishment, execution or any other legal process.
This section does not apply in the event of an income deduction order for
alimony or child support.
E. Lump Sum Payment of Small Retirement Income. Notwithstanding any
provision of the Fund to the contrary, if the monthly retirement income
payable to any person entitled to benefits hereunder is less than $30.00 or
if the single sum value of the accrued retirement income is less than
$5,000.00 as of the date of retirement or termination of service, whichever
is applicable, the Board of Trustees, in the exercise of its discretion, may
specify that the actuarial equivalent of such retirement income be paid in
lump sum.
F, Required Distributions
1. In accordance with tR&-S ~ection 401 (a)(9) of the Internal Revenue
Code, all benefits under this plan will be distributed, beginning not
later than the required beginning date set forth below, over a period
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not extending beyond the life expectancy of the member or the life
expectancy of the member and a beneficiary.
2. Any and all benefit payments shall begin by the later of:
a. April 1 of the calendar year following the calendar year of the
member's retirement date; or
b, April 1 of the calendar year following the calendar year in
which the member attains age 7012.
3, If an employee dies before his entire vested interest has been
distributed to him, the remaining portion of such interest will be
distributed at least as rapidly as provided for under this f' Elan.
G, Internal Revenue Code limits.--
1, In no event may a member's annual benefit exceed one hundred and
twenty thousand dollars ($120.000) {adjusted for cost of living in
accordance with Internal Revenue Code (IRC) section 415(d) of the
Internal Revenue Code,
2, If a member has less than ten (10) years of service with the city, the
applicable limitation in paragraph (a) of this subsection shall be
reduced by multiplying such limitation by a fraction, not to exceed one
(1). The numerator of such fraction shall be the number of years, or
part thereof, of service with the city; the denominator shall be ten ( 1 O)
years,
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Page 49 of 64
3. For purposes of this subsection, "annual benefit" means a benefit
payable annually in the form of a straight life annuity with no ancillary
or incidental benefits and with no member or rollover contributions.
To the extent that ancillary benefits are provided, the limits set forth
in paragraph (a) above will be reduced actuarially, using an interest
rate assumption equal to the greater of five percent (5%) percent or
the rate being used for actuarial equivalence, to reflect such ancillary
benefits.
4. If distribution of retirement benefits begins before age sixty-two (62),
the dollar limitation as described in paragraph (a) shall be reduced
using an interest rate assumption equal to the greater of five percent
15~ percent or the interest rate used for actuarial equivalence;
however, retirement benefits shall not be reduced below $75,000 if
payment of benefits begins at or after age fifty-five (55) and not below
the actuarial equivalent of $75,000:00 if payment of benefits begins
before age fifty-five (55). For a member with fifteen (15) or more
years of service with the city, the reductions described above shall not
reduce such member's benefit below $50,000:00 {adjusted for cost of
living in accordance with Internal Revenue Code (IRC) section 415( d)
of the Internal Revenue Code, but only for the year in which such
adjustment is effective). If retirement benefits begin after age sixty-
five (65), the dollar limitation of paragraph (a) shall be increased
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Page 50 of 64
actuarially by using an interest assumption equal to the lesser of five
percent (5ill percent or the rate used for actuarial equivalence.
Section 18-175. Deferred retirement option plan.
A. A deferred retirement option plan ("DROP") is hereby created,
B. Eligibility to participate in the DROP is based upon eligibility for normal
service retirement in the Plan, Members shall elect to participate by applying
to the Board of Trustees on a form provided for that purpose.
C. Participation in the DROP must be exercised within the first twenty-two (22)
years of combined credited service. However, participation in calendar year
2000, the first year, will be extended to all members.
D, Except for the extension of participation at inception as provided for in (c)
above, a member shall not participate in the DROP beyond the time of
attaining twenty-five (25) years of seNice and the total years of participation
in the DROP shall not exceed five (5) years, For example:
1. Members with twenty (20) years of credited service at time of entry
shall only participate for five (5) years.
2. Members with twenty-one (21) years of credited seNice at time of
entry shall only participate for four (4) years,
3. Members with twenty-two (22) years of credited seNice at time of
entry shall only participate for three (3) years.
E. Upon a member's election to participate in the DROP, he or she shall cease
to be a member and is precluded from accruing any additional benefit under
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Page 51 of 64
the Pension Fund, For all Fund purposes, the member becomes a retirant.
The amount of credited service and final average salary freeze as of the date
of entry into the DROP. Accumulated, unused sick and vacation leave shall
be included in the compensation calculation; provided however, that a
minimum balance of 120 hours of sick leave and 120 hours of vacation leave
shall be maintained by the employee and excluded from this calculation.
The retained leave balance, including any additions, shall be distributed at
the conclusion of DROP participation and separation from service,
F. Payment shall be made into the employee's DROP account as if the
employee had retired from the employ of the City. The amounts paid will be
determined in accordance with this Plan and the employee's selection of the
payment option. Payments into the DROP will be made monthly over the
period the employee participates in the DROP, up to a maximum of sixty (60)
months.
G, Effective January 1, 2003, DROP participants have the option to select
optional methods to credit investment earnings to their account less any
outstanding loan balances, The method may be changed each year
effective January 1, however, the method must be elected prior to January
1 on a form provided by the Board of Trustees. The methods are:
1. Gains or losses at the same interest rate earned by the Pension Plan;
or
2.
A guaranteed rate of seven percent {7:B%L-Qr:-
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3. A percentage of the DROP account will be credited with interest gains
or losses at the same rate earned by the pension plan and the
remaining percentage will be credited with earnings at a guaranteed
rate of seven percent 17 ,9%}. The actual percentage shall be
selected by the member on a form provided by the Board of Trustees.
The total of the two 12) percentages must equal 100%.
Employee's DROP accounts will be assessed an administrative fee that is
based upon the ratio that the Employee's DROP account bears to the Fund
as a whole,
H. An employee's participation in the DROP shall terminate at the end of five.lli)
years or twenty-five (25} years of service, whichever comes first. Failure to
end DROP participation may result in penalties at the discretion of the
Trustees, up to and including forfeiture of the DROP account.
I. All interest shall be credited to the employee's DROP account less any
outstandina loan balances on a quarterly basis with quarterly statements
provided. In the event that a member dies while in the DROP, interest shall
be pro-rated to the last business day of the month preceding the death of the
member,
J. Upon termination of employment, participants in the DROP will receive the
balance of the DROP account in accordance with the following rules:
1. Members may elect to begin to receive payment upon termination of
employment or defer payment of DROP until the latest day as
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Page 53 of 64
provided under sub-subparagraph c,
2. Payments may be made in the following ways:
a, Lump sum - the entire account balance will be paid to the
retirant upon approval of the Board of Trustees.
b. Installments - the account balance will be paid out to the
retirant in five (5) equal annual payments paid over five (5)
years, the first payment to be made upon approval of the
Board of Trustees.
c. Monthly installments - the account balance will be paid out to
the retirant on a monthly basis until the account balance is paid
out based on actuarial tables provided by the actuary.
3. Any form of payment selected by a police officer must comply with the
minimum distribution requirements of the IRC section 401 (A)(9) of the
Internal Revenue Code, and is subject to the requirements of subsec-
tion 18-174{F) e.g., payments must commence by age 70?h.
4. The beneficiary of the DROP participant who dies before payments
from DROP begin shall have the same right to select payment options
as the participant in accordance with this subsection. A DROP
participant may designate a beneficiary to receive the DROP balance
in the event of the participant's death prior to payout of the full DROP
balance.
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K. No payments will be made from DROP until the employee actually separates
from service with the City.
L. If an employee shall die during participation in the DROP, a survivor benefit
shall be payable in accordance with the form of benefit chosen at the time
of entry into the DROP,
M. Upon commencement of participation in the DROP, the member shall no
longer be eligible for disability retirement from the pension plan.
N, Loans from the DROP.
1, Availability of Loans
a. Loans are available to members only after termination of
emplovment. provided the member had participated in the
DROP for a period of 12 months.
b, Loans may only be made from a member's own account.
c. There may be no more than one loan at a time.
2. Amount of Loan
a. Loans may be made up to a maximum of 50 percent of
account balance.
b. The maximum dollar amount of a loan is $50.000.00. reduced
bv the hiqhest outstanding loan balance during the last 12
months,
c. The minimum loan is $5.000,00.
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Page 55 of 64
3. Limitations on loans shall be made from the amounts paid into the
DROP and the eamings thereon.
4. Term of Loan.
a, The loan must be for at least 1 year,
b. The loan shall be no lonqer than 5 years.
5. Loan Interest Rate
a. The Interest Rate shall be fixed at time the loan is oriqinated
for the entire term of loan.
b. The Interest Rate shall be equal to the prime rate published by
an established local bank on the last day of each calendar
quarter precedinq the date of loan application.
6. Defaults on Loans.
a. Loans shall be in default if two consecutive months'
repayments are missed or if a total of four months' repayments
are missed.
b. Upon default. the entire balance becomes due and payable
immediately.
c. If a loan in default is not repaid in full immediately, the loan
may be canceled and the outstanding balance treated as a
distribution, which may be taxable,
d, Upon default of a loan, a member will not be eligible for
additional loans.
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7. Miscellaneous provisions.
a. All loans must be evidenced by a written loan agreement
signed by the member and the Board of Trustees. The
agreement shall contain a promissory note.
b. A member's spouse must consent in writinq to the loan, The
consent shall acknowledge the effect of the loan on the
member's account balance,
c. Loans shall be oonsidered a general asset of the Fund.
d. Loans shall be subiect to administrative fees to be set by the
Board of Trustees.
e. Outstandinq loan balances shall not be credited with earnings
or losses, As the outstandinq balance is repaid with interest.
earnings and losses shall be applied to the payments and
interest as provided for in Section 18-175 I.
Section 18-176. Termination of plan and distribution of Fund.
Upon termination of the l' Elan by the municipality for any reason, or because of a
transfer, merger, or consolidation of governmental units, services, or functions as provided
in e Chapter 4-24; 112, Florida Statutes or upon written notice to the bBoard of tlrustees
by the municipality that contributions under the p-Plan are being permanently disoontinued,
the rights of all employees to benefits accrued to the date of such termination or
discontinuance and the amounts credited to the employees' accounts are nonforfeitable,
The f fund shall be apportioned and distributed in accordance with the following
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Page 57 of 64
procedures:
A. The bJ20ard of tIrustees shall determine the date of distribution and the
asset value to be distributed, after taking into account the expenses of such
distribution.
B. The bJ20ard of tIrustees shall determine the method of distribution of the
asset value, that is, whether distribution shall be by payment in cash, by the
maintenance of another or substituted trust fund, by the purchase of insured
annuities, or otherwise, for each member entitled to benefits under the plan,
as specified in subsection (C),
C, The bJ20ard of tIrustees shall apportion the asset value as of the date of
termination in the manner set forth in this subsection, on the basis that the
amount required to provide any given retirement income shall mean the
actuarially computed single-sum value of such retirement income, except
that if the method of distribution determined under subsection (B) involves
the purchase of an insured annuity, the amount required to provide the given
retirement income shall mean the single premium payable for such annuity.
1. Apportionment shall first be made in respect of each retired member
receiving a retirement income hereunder on such date, each person
receiving a retirement income on such date on account of a retired
(but since deceased) member, and each police officer who has, by
such date, become eligible for normal retirement but has not yet
retired, in the amount required to provide such retirement income,
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Page 58 of 64
provided that, if such asset value is less than the aggregate of such
amounts, such amounts shall be proportionately reduced so that the
aggregate of such reduced amounts will be equal to such asset value,
2, If there is any asset value remaining after the apportionment under
paragraph (1), apportionment shall next be made in respect of each
member in the service of the municipality on such date who has
completed at least ten (10) years of credited service, in the Fund for
at least ten (1 O) years, and who is not entitled to an apportionment
under paragraph (a), in the amount required to provide the actuarial
equivalent of the accrued normal retirement income, based on the
police officer's credited service and earnings to such date, and each
former participant then entitled to a benefit who has not by such date
reached his or her normal retirement date, in the amount required to
provide the actuarial equivalent of the accrued normal retirement
income to which he or she is entitled, provided that, if such remaining
asset value is less than the aggregate of the amounts apportioned
hereunder, such latter amounts shall be proportionately reduced so
that the aggregate of such reduced amounts will be equal to such
remaining asset value.
3. If there is an asset value after the apportionments under paragraphs
(a) and (b), apportionment shall lastly be made in respect of each
member in the service of the municipality on such date who is not
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Page 59 of 64
entitled to an apportionment under paragraphs (a) and (b) in the
amount equal to the member's total contributions to the p-Elan to date
of termination, provided that, if such remaining asset value is less
than the aggregate ofthe amounts apportioned hereunder, such latter
amounts shall be proportionately reduced so that the aggregate of
such reduced amounts will be equal to such remaining asset value.
4, In the event that there is asset value remaining after the full
apportionment specified in paragraphs (a), (b), and (c), such excess
shall be returned to the municipality, less return to the state of the
state's contributions, provided that, if the excess is less than the total
contributions made by the municipality and the state to date of
termination of the fTElan, such excess shall be divided proportionately
to the total contributions made by the municipality and the state.
D. The b~oard of tIrustees shall distribute, in accordance with the manner of
distribution determined under subsection (B), the amounts apportioned under
subsection (C). If, after a period of twenty-four (24) months after the date on
which the P Elan terminated or the date on which the board received written
notice that the contributions thereunder were being permanently
discontinued, the municipality or the b~oard of tIrustees of the municipal
police officers' retirement trust fund affected has not complied with all the
provisions in this section, the division shall effect the termination of the fund
in accordance with this section.
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Section 18-177. Cost of Living Adjustment
A. Subject to the conditions set forth in this section, the b Board of tIrustees
shall annually authorize a cost of living adjustment, the amount of which shall
be determined as of each September 30th. The amount of the cost of living
adjustment shall be equal to the actuarial present value of future pension
payments to current pensioners multiplied by the positive difference, if any,
between the rate of investment return and eight and one half percent (89%),
The actuary shall determine whether there may be a cost of living adjustment
based on the following factors:
1. The actuary for the pEension fEund shall determine the rate of
investment return on the P Pension f-Eund assets during the twelve
(12) month period ending each September 30th, The rate determined
shall be the rate reported in the most recent actuarial report submitted
pursuant to P Part VII of ~Chapter 112, Florida Statutes,
2, The actuary for the pEension fEund shall, as of September 30,
determine the actuarial present value of future pension payments to
current pensioners. The actuarial present values shall be calculated
using an interest rate of eight and one half (8.S) percent (8%) a year
compounded annually, and a mortality table approved by the bBoard
of tIrustees and as used in the most recent actuarial report submitted
pursuant to pEart VII of ~Chapter 112, Florida Statutes. This will be
the pool of funds available to fund the cost of living adjustment.
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Page 61 of 64
3. If the actuary determines there may be a cost of living adjustment, the
bBoard of tIrustees shall authorize such a distribution unless the
administrative expenses of distribution exceed the amount available
for the distribution.
4. The cost of living adjustment shall be funded only if the present value
of the pool of funds does not exceed the net actuarial experience
accumulated from all sources of gains and losses.
B. Cost of living adjustments will be made to pensioners, including DROP
members, and beneficiaries, who are referred to as eligible persons.
C. The cost of living adjustment shall be allocated among eligible persons
based upon the participant's years of service in the proportion that the
participant's years of service bear to the aggregate amount of years of
service of all eligible persons. Allocations for beneficiaries will be in
proportion that the beneficiary benefit bears to the retiree benefit. Maximum
service credits shall be twenty (20) years. Minimum allocations for duty
disability pensioners shall be based on 13.33 years of service,
0, The cost of living adjustment shall be made as of July 1, 2001 and each July
151 thereafter, Each eligible person shall be paid his or her allocated portion
from the preceding September 30th, Eligible persons must be retired for one
(1) year from September 30 to receive a cost of living adjustment. A
pensioner's estate is entitled to a pro-rata share of the deceased retirant's
cost of living adjustment based on a number of months that the deceased
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Page 62 of 64
retirant received a pension during the year ending the September 30th prior
to the retirant's death.
Section 3.
It is the intention of the City Commission of the City of Boynton Beach
that the provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of the City of Boynton Beach, Florida. The Sections of this ordinance may be
renumbered, re-Iettered and the word "Ordinance" may be changed to "Section," "Article"
or such other word or phrase in order to accomplish such intention,
Section 4.
All Ordinances or parts of Ordinances, Resolutions or parts of
Resolutions in conflict herewith be and the same are hereby repealed to the extent of such
conflict.
Section 5. If any clause, section, or other part or application of this Ordinance
shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered as eliminated and so not
effecting the validity of the remaining portions or applications remaining in full force and
effect.
Section 6, This Ordinance shall become effective upon passage when the following
have occurred:
(a) the City Commission has received and has accepted a report establishing the
actuarial soundness of these amendments:
(b) when a collective bargaining agreement ratifying the foregoing changes to
pension benefits has been ratified by the City Commission and the Police
Pension Board of Trustees or their successor organization: and
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Page 63 of 64
(c) a coPy of this Ordinance is transmitted to the State of Florida Division of
Retirement.
Upon satisfaction of all of the above requirements, then in that event. the terms and
provisions of this Ordinance shall become effective,
FIRST READING THIS
DAY OF
,2006.
PASSED AND ADOPTED THIS
DAY OF
,2006
_~~, 2006.
CITY OF BOYNTON BEACH, FLORIDA
SECOND, FINAL READING and PASSAGE THIS _ DAY OF
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
CITY CLERK
H:IBB 01881Plan DocIRestate\2005-2006IRestatement 03-01-06,wpd
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Page 64 of 64
HANSON. PERRY & JENSEN, P.A.
400 EXECUTIVE CENTER DRIVE, SUITE 207 - WEST PALM BEACH, FLORIDA 33401-2922
'LL HANSON*
,hanson@hpjlaw.com
ANN H, PERRY
aperry@hpjlaw.com
BONNISPATARAJENSEN
bsjensen@hpjlaw.com
TELEPHONE
FACSIMILE
(561) 686-6550
(561) 686-2802
March 13, 2006
*AlSO ADMITTED IN N.Y.
VIA EMAll AND FIRST CLASS MAil
Bill Mummert, Finance Director
City of Boynton Beach
100 E, Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Re: Boynton Beach Municipal Police Officers'
Pension Fund - Pension Plan Document
File No.: 0188.0050
Dear Mr, Mummert:
Enclosed, please find the revised restated Plan Document for the Boynton Beach
Municipal Police Officers' Pension Fund and a Summary of the revisions contained in the
document. This document incorporates three additional changes since the document
provided to you on December 16, 2005 as follows:
1. Language clarification to the definition of compensation or salary.
2, Changes to allow international investments to the limits permitted by Chapter
185, Florida Statutes.
3. Added a provision to subparagraph (c) of 18-169 F 1 to allow for a lump sum
distribution of the monthly supplemental benefit.
I am enclosing the actuarial impact statement of January 2006, as well as the no
cost impact letter of March of 2005,
If you have any questions on this matter, please do not hesitate to contact me.
Sincerely yours,
") '/1 ~}~
'-r_)nv~Jv )~
Bonni S. Jensen .
BSJ/ka
Enclosure
Copy to: Chairman and Secretary
Barbara LaDue, Pension Administrator
Steve Palmquist
Rocky Joyner
H:\BB 0188\City\Finance Director\Mummert chgs 3-6-06.wpd
~~~
Boynton Beach Police Pension Fund
Plan Restatement Summary
Page 5 Section 18-165 A 3
Amends the definition of "compensation" or "salary" to clarify the inclusion of the
lump sum payments for accumulated sick and vacation leave, and exclusion of
severance pay and other payments which are not for services rendered.
Page 16 Section 18-167 A 2
Amends the international investments to the limits permitted by ~185, Florida
Statutes.
Page 19 Section 18-16 A 2
Amends the Normal Retirement Benefit to provide for a 3.5% multiplier for each
year of service.
Page 23 Section 18-169 C 2
Amends the Non-duty disability retirement to provide for a 3.5% multiplier for each
year of service,
Page 26 Section 18-169 D
Amends the Death benefit to provide for a 3.5% multiplier for each year of service.
Page 28-33 Section 18-169 F 1
Amends Monthly Supplemental Benefits to provide distribution of benefits based on
years of credited service and years of retirement. Years of credited service and
years of retirement are capped at 20 years each.
Added a provision to sub-paragraph (c) to provide for lump sum payment of the
Monthly Supplemental Benefit.
Page 40 Section 18-172 B 4
Amends buyback of prior police service to permit members to buy military service
for which they are already receiving or entitled to receive a pension. 10 U,S.C.A.
~12736.
Page 1 of 2
Boynton Beach Police Pension Fund
Plan Restatement Summary
Page 43-46 Section 18-173 C
Amends the provision for the transfer of the accumulated sick and vacation leave
to make such transfers mandatory for all members, Details treatment of funds in
the event that the funds stay within the pension plan.
Page 52 Section 18-175 G and I
Clarifies that the amount of the outstanding loan balance is not credited with
investment earnings or losses while the loan is outstanding,
Page 55-57 Section 18-175
Adds a new subsection N providing for DROP loans,
H:\BB 0188\Plan Doc\Restate\2005-2006\2006-03-06-BB Pol Restmt Summary,wpd
March 6, 2006
Page 2 of 2
GRS
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January 11, 2006
Ms. Barbara LaDue
Pension Administrator
Boynton Beach Police Officers Pension Board
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Re: Actuarial Impact Statement
Dear Barbara:
Presented herein is our Actuarial Impact Statement for the proposed ordinance that would
enact a raise in benefit multiplier to 3.5%. Since the Board has determined to change the
actuarial cost method from the Frozen Entry Age Method to the Entry Age Cost Method, we
have included the actuarial impact of both changes We have also prepared a second Impact
Statement that includes the 3.5% multiplier, the Entry Age Cost Method and a reduction in the
actuarially assumed rate of investment return from 8.5% to 8%. There will be a higher
probability of meeting the lower return in the future. Please review the enclosed reports which
contain detailed information pertaining to the financial impact of this ordinance,
We welcome your questions and comments.
Sincerely your~f ',~ , ,t
h-:- ' ~'-"-'~
/!}-V-1/~ ~, [)
J. Stephen Palmquist
JSP/rb
Enclosures
cc: Bonni Jensen
CITY OF BOYNTON BEACH MUNICIPAL POLICE OFFICERS' RETIREMENT FUND
Impact Statement - January 11, 2006
Description of Amendment
Benefit multiplier would be increased from 3% to 3,5% for each year of credited service.
Funding Implications of Amendment
An actuarial cost estimate is attached.
Certification of Administrator
I believe the amendment to be in compliance with Part VII, Chapter 112, Florida
Statutes and Section 14, Article X of the Constitution of the State of Florida.
For the Board of Trustees
as Plan Administrator
SUPPLEMENTAL ACTUARIAL VALUATION REPORT
Plan
City of Boynton Beach Municipal Police Officers' Retirement Fund
Valuation Date
October 1, 2004
Date of Report
January 11, 2006
Report Requested by
Pension Board
Prepared by
J. Stephen Palmquist
Group Valued
Active Police Officers
Plan Provisions Being Considered for Change
Present Provision Before Chanqe
Accrued benefit payable to a police officer is an amount equal to the number of years of
his or her credited service multiplied by three percent of average final compensation.
Proposed Chanqe
Accrued benefit payable to a police officer is an amount equal to the number of years of
his or her credited service multiplied by three and one-half percent of average final
compensation.
Participants Affected
Police Officers who enter the DROP or retire after the amending ordinance is adopted;
the proposed change would not apply to anyone who terminated employment or entered
the DROP before adoption of the ordinance.
Actuarial Assumptions and Methods
Same as October 1, 2004 Actuarial Valuation Report except the funding method has
changed from Frozen Entry Age to Entry Age Normal and the investment return
assumption has been decreased from 8.5% to 8.0%.
Some of the key assumptions/methods are:
Investment return - 8.0% per year
Salary increase - 5% to 6.5% depending on age
Cost Method - Entry Age Normal
Amortization Period for Any Increase in Actuarial Accrued Liability
30 years.
Summary of Data Used in Report
See attached page.
Actuarial Impact of Proposal(s)
See attached page(s).
Special Risks Involved With the Proposal That the Plan Has Not Been Exposed to
Previously
None
Other Cost Considerations
Due to the gradual recognition of investment losses occurring in 2001 and 2002, the
annual cost of the Plan will increase and the funded ratio will decrease for at least one
more year.
Possible Conflicts With IRS Qualification Rules
None
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A. Valuation Date October 1, 2004 October 1, 2004
Valuation 3.5 % Multiplier
B. Actuarial Present Value of Projected
Benefits $ 58,007,003 $ 62,028,007
C. Actuarial Value of Assets 34,495,794 34,495,794
D. Unfunded Actuarial Accrued Liability 4,580,926 7,186,156
E. Actuarial Present Value of Projected
Member Contributions 3,890,437 3,890,437
F. Actuarial Present Value of Projected
Employer Normal Costs: B-C-D-E 15,039,846 16,455,620
G. Actuarial Present Value of Projected
Covered Payroll 55,577,674 55,577,674
H. Employer Normal Cost Rate: FIG 27.06 0/0 29.61 0/0
I. Covered Annual Payroll 7,207,008 7,207,008
J. Employer Normal Cost: H x I 1,950,216 2,133,995
K. Assumed Amount of Administrative
Expenses 93,218 93,218
L. Total Employer Normal Cost: J+K 2,043,434 2,227,213
M. Employer Normal Cost as % of
Covered Payroll 28.35 % 30.90 %
A. Valuation Date October 1, 2004 October 1, 2004
3.5 % Multiplier 3.5 % Multiplier
B. Normal Cost for 8% interest
1. Service Retirement Benefits $ 1,096,751 $ 1,213,308
2. Vesting Benefits 124,236 138,644
3. Disability Benefits 137,451 145,729
4. Preretirement Death Benefits 34,429 37,137
5. Return of Member Contributions 41,785 41,092
6. Total for Future Benefits 1,434,652 1,575,910
7. Assumed Amount for Administrative
Expenses 93,218 93,218
8. Total Normal Cost 1 ,527,870 1,669,128
C. Expected Member Contribution 504,491 504,491
D. Employer Normal Cost: B8-C 1,023,379 1,164,637
E. Employer Normal Cost as a % of
Covered Payroll 14.20% 16.16%
Number
Covered Annual Payroll
Average Annual Payroll
Average Age
Average Past Service
Average Age at Hire
109
$ 7,207,008
$ 66,119
35.8
7.1
28.7
Number
Annual Benefits
Average Annual Benefit
Average Age
74
$ 2,693,339
$ 36,396
53.0
Number
Annual Benefits
Average Annual Benefit
Average Age
15
$ 311,885
$ 20,792
54.0
Number
Annual Benefits
Average Annual Benefit
Average Age
5
$ 80,527
$ 16,105
39.6
*SEGAl
THE SEGAL COMPANY
2018 Powers Ferry Road, Suite 850 Atlanta, GA 30339-5003
T 678306.3100 F 678.306.3190 wv,^,v.segalcocom
March 30, 2006
Mr. Bill Mummert
Director of Financial Services
City of Boynton Beach
100 East Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
Re: Review of Proposed Police Pension Plan Changes Included in the January 11,2006
Letter from Mr. Palmquist to Ms. LaDue
Dear Bill:
The following summarizes our review of the above changes.
The current total cost of the plan is 42.68% of covered payroll. Of this, 7% is paid by the
employee. The remaining 35.68% is paid for by a combination of city and state contributions.
State contributions are paid pursuant to Chapter 185, and are to be used for extra benefits for
police officers above the benefits paid for general employees. The current amount of allowable
credit for state revenue is $465,087, which reflects the base amount of$427,874 plus subsequent
benefit improvements. All monies in excess of $465,087 annually are allocated pursuant to
Section 18-169F of the City Code. The police plan benefits are better than general employee
benefits in several areas, including earlier ages for normal eligibility and more generous post-
retirement death benefits and disability benefits. As of the most recent valuation date the
required employer contribution for the Police Plan was 35.67% which was 22.23% more than the
13.44% required for the general employees. Recognition of the change to Entry Age Normal,
without the 3.5% multiplier and the change to an 8% investment return assumption, creates a
difference between the two plans of 13.03%. This is significantly greater than the 6.45% of
payroll that the state contribution represents.
I. Changes in the benefit multiplier from 3% to 3.5%.
Changing the benefit formula to 3.5% is a 16.7% increase in plan benefits. When adjusted for
joint and survivor coverage and expected inflation after retirement, the projected benefit
amounts provide reasonable replacement income levels when eventually combined with
Social Security. The increases in required contributions and liability shown in the exhibits
Mi*iG
~.~ . .... Multinational Group of Actuaries and Consultants
-'Al- c' MEXICO CITY OSLO PARIS
Benefits, Compensation and HR Consulting ATLANTA BOSTON CALGARY CHICAGO CLEVELAND DENVER HARTFORD HOUSTON LOS ANGELES
MINNEAPOLIS NEW ORLEANS NEW YORK PHILADELPHIA PHOENIX PRINCETON RALEIGH SAN FRANCISCO TORONTO WASHINGTON, D.C.
BARCELONA BRUSSELS DUBLIN GENEVA HAMBURG JOHANNESBURG LONDON MELBOURNE
Mr. Bill Mummert
March 30, 2006
Page 2
attached to the January 11 letter are consistent with expectations for this magnitude of change
and in our opinion fairly represent this change.
This change will increase the City's required contribution by $384,553, or 5.34% of covered
payroll.
2. Changes in the funding method from Frozen Initial Liability (FIL) to Entry Age Normal
(EAN).
We support and encourage the change to Entry Age Normal (EAN) from Frozen Initial
Liability (FIL). This method will provide a better long-term representation of the cost of the
plan and more fairly spread plan costs over generations of taxpayers. The results shown in
the attachments to the January 11 letter fairly represent the change in liability and required
contributions expected from moving to EAN. The change to EAN moves prior actuarial gains
and losses from the normal cost to the actuarial accrued liability, and this changes the
amortization of this liability piece from the future working lifetime of the active employees
to a set 30-year amortization period.
This change will reduce the City's required contribution by $667,842, or 9.27% of covered
payroll. These numbers include the change in item 1 above.
3. Changes in assumed investment return rate from 8.5% to 8%.
We support and encourage the change to an 8% investment return assumption. We believe
this change will more accurately reflect the value ofliabilities and assets of the plan in future
years. We note that the plan actuary did not change the salary scale in conjunction with this
change. Therefore, this leaves the inflation assumption at 4%, effectively making the
economic set of assumptions more conservative than was previously the case.
This change will increase the City's required contribution by $269,217, or 3.74% of covered
payroll. These numbers include the changes in items 1 and 2 above.
With all the above changes, the Annual Required Contribution (ARC) decreases slightly from
29.22% of pay to 29.03% of pay. The funding percentage decreases from 71.6% to 64.5%. The
decrease in funding percentage is due to the increased benefit level and the increase in liability
due to using a lower investment return assumption. The ARC changes slightly due to amortizing
the changes over a 30-year period rather than the future working lifetime of the active
employees.
The changes to EAN and 8% should serve to stabilize the City's contribution rates. Under EAN
gains and/or losses will be amortized over 30 years rather than the future working lifetime of
covered employees. The 8% assumption is more attainable than the 8.5% and this should lower
the possibility of investment losses in the plan.
Mr. Bill Mummert
March 30, 2006
Page 3
Please feel free to contact me at 678-306-3119 to discuss any of the above items.
Sincerely,
~YZ/
Leon F. (Rocky) Joyner, Jr.
Vice President
LF J/jh
136197/07011.001
MAR - 2 2005
GABRIEL, ROEDER, SMITH & COMPANY
Consultants & Actuaries
301 East Las Olas Blvd.. Suite 200. Ft. Lauderdale, FL33301-2254. 954-527-1616. FAX 954-525-00b~
March 1, 2005
BonniS.Jensen, Esq.
Hanson, Perry & Jensen, P.A.
400 Executive Center Drive, Suite 207
West Palm Beach, Florida 33401-2922
Re: Boynton Beach Police Pension Fund
Dear Bonni:
You have asked us to explain in more detail our assessment of the actuarial impact of
the proposed restated plan.
The changes on pages 27' through. ,32 ,provide for. a different,:manner::of:'aUocating
available ~ Supplemental.' Benefit :.funds to eligible, retirees and beneficiaries.::... There
would.be no change.tothe gross amount of-funds to be distributed. - As a--result, these
changes would have no actuarial impact on the Fund.
The change at the bottom of page 38 relates to the purchase of military service. Since
the officer purchasing service is required to pay the full actuarial cost of such service,
this change would have no actuarial impact on the Fund.
The third change (pages 42 through 44) deals with the transfer of accumulated leave at
time of separation from service. The amendment makes the transfer of such leave
mandatory. The transfer is optional at the present time. There is also a new provision
for crediting of interest or investment earnings if accumulated leave is left in the Pension
Fund. If a member chooses to credit his/her accumulated leave balance with the
optional fixed rate of 7%, the City would be subsidizing this interest credit in the event
that the Pension Fund earned less than 7%. On the other hand, the City would realize
a gain when the Pension Fund earns more than 7%. Over the past 23 years, there
have been five in which the Pension Fund earned less than 7%.
. . '
The: last change (pages 53. to '65) .wou.ld ,ajlow: members. who hav~,separated from
service to take a loan ;fromtheir own DROP.'accounts,: The language 'includes. the
required provisions ofthe .Intemal ReveQue Code. : This all]endmentwould:-not have an
actuarial impact on the Fund.
BonniS.Jensen, Esq.
Boynton Beach Police
March 1 , 2005
Page Two
In summary, the only item that could have an impact on the City's required contribution
is the optional 7% interest rate on accumulated leave balances. This impact would only
occur when the Pension Fund earns less than 7%.
We welcome your questions and comments.
Sincerely yours,
.~f~
J. Stephen Palmquist
JSP/or
GABRIEL. ROEDER. SMITH & COMPANY
v
,'r SEGAL
THE SEGAL COMPANY
2018 Powers Ferry Road. Suite 850 Atlanta. GA 30339.5003
T 678306,3100 F 678,3063190 wvvw.segalco.colT1
September 20, 2005
Mr. Bill Mummert
Director of Financial Services
City of Boynton
100 East Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
Re: Review of Proposed Restated Police Pension Plan
Dear Bill:
The following summarizes our review of the above document.
1. Changes in the supplemental allocation
The changes to the supplemental benefit will provide a larger percentage of the pool to
employees who have been retired for a longer period. This effectively makes the benefit for new
retirees less than it would have been under the current plan. The plan's actuary is correct in that
the same pool of money will pay for the benefits. We do not anticipate this to create additional
I iabilities for the City.
2. Changes in military service buyback
The plan calls for service purchases to cover all increases in cost for the plan. To that end, the
change to allow the military service exemption on page 38 should not have an impact on plan
funding.
We do suggest that the Board and its actuary use this change as an opportunity to review the
purchase calculation procedure and assure themselves and the City that current procedures are
continuing to provide appropriate results. If a regular review procedure is in place or this has
been done recently then this suggestion is unnecessary.
Benefits, Compensation and HR Consulting ATLANTA BOSTON CHICAGO CLEVELAND DENVER HARTFORD HOUSTON LOS ANGELES
MINNEAPOLIS NEW ORLEANS NEW YORK PHILADELPHIA PHOENIX SAN FRANCISCO SEATTLE TORONTO WASHINGTON, DC.
Multinational Group of Actuaries and Consultants AMSTERDAM BARCELONA GENEVA HAMBURG JOHANNESBURG LONDON MELBOURNE
MEXICO CITY OSLO PARIS
Mr. Bill Mummert
September 20,2005
Page 2
3. Changes in accumulated leave distributions
It is our understanding that the purpose of this change is to allow individuals to leave their
money in the Plan and not incur a taxable event. This is specifically targeted for those who do
not enter the DROP plan.
Page 43 item (e) (3) refers to the DROP account. This should be the leave balance account.
The Plan's actuary is correct in that the 7% guarantee is not purely actuarially neutral but over
time, we expect this to have an insignificant impact on Plan funding.
4. Change to provide loans from DROP accounts
Page 51 describes the method for crediting interest to the DROP account. It appears that interest
continues to be credited until the entire DROP account is exhausted. The DROP account is not
defined to exclude any loan amounts. The interest rate on loans is a prime rate. So is it possible
for a DROP participant to take a loan for $50,000 that is charged 5% interest and still earn 7% on
this money as part of the participant's DROP account.
Therefore the proposed Plan should be amended to exclude any outstanding loan amounts from
the interest allocation. In Section 18-175 G. line one after the word "account" add the words
"less any outstanding loan balances". Also Section 18-175 1. line one after the word "account"
add the words "less any outstanding loan balances". We recommend that the actuary and
attorney for the Board also review the document to determine if similar language should be
added elsewhere.
Please feel free to contact me at 678-306-3119 to discuss any of the above items.
Sincerely,
~y/
Leon F. (Rocky) Joyner, Jr.
133179/96050.001
HANSON. PERRY & JENSEN, P.A.
400 EXECUTIVE CENTER DRIVE, SUITE 207 - WEST PALM BEACH, FLORIDA 33401-2922
JILL HANSON*
mjhanson@hpjlaw.com
ANN H. PERRY
aperry@hpjlaw.com
BONNI SPATARA JENSEN
bsjensen@hpjlaw.cOm
TELEPHONE (561) 686-6550
FACSIMILE (561) 686.2802
October 21,2005
.. ALSO ADMITTED IN N.Y.
VIA EMAIL AND FIRST CLASS MAIL
Bill Mummert, Finance Director
City of Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Re: Boynton Beach Municipal Police Pension Fund
Pension Plan Document
File No.: 0188.0050
Dear Mr. Mummert:
The Board has been provided a copy of the September 20, 2005 letter from Leon
F. Joyner, Jr. at the Segal Company regarding the Restatement of the Boynton Beach
Municipal Police Pension Fund document.
On behalf of the Board, I respond as follows:
1. Changes in supplemental allocation - No changes are necessary.
2. Changes in military service buyback - I will ask the Board to consider a
review of the buy back service purchase calculations to determine that the
procedures employed by the Fund are providing the appropriate results.
3. Changes in accumulated leave distributions - Suggested language
clarifications were made to the Plan document.
4. Changes to provide loans from DROP accounts - Suggested language
clarifications were made to the Plan document.
The changes to clarify the language have been incorporated into the Plan document
as clarifications of the existing language; no substantive changes were made as a result
of the clarifications.
If you have any questions on this matter, please do not hesitate to contact me.
Sincerely yours,
/1 .
. " I
. J(5)~ I)
",-.\-,./'ll'---:;;:V--
i
Bonni S. Jensen
\ -",,/
"'-~/
BSJ/ka
Copy to: Chairman and Secretary
Barbara LaDue. Pension Administrator
H:\BB 0188\City\Finance Director\mummert 1.wpd
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XII. - LEGAL
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 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
r8l April 18,2006 April 3,2006 (Noon) 0 June 20, 2006 June 5,2006 (Noon)
0 May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing r8l Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Motion to amend Section 18-181 of the Boynton Beach Code of Ordinances to~xpand the
Firefighter Pension Board's investment authority by raising the cap on equity holdings; and amending Section 181:1 to peimit
investment in foreign securities, as pennitted by state law. . d.
EXPLANATION: As reconnnended by the Firefighter Pension Board's investment consultant, this ordinance willp~t.mit
investment in up to 70% equity, with a maximum limit of 10% invested in foreign securities. The current aggregate
investment of fund assets in equities shall not exceed 60% of the pension fund's assets.
PROGRAM IMPACT: The expanded ability to diversifY the plan's investment portfolio is expected to improve the plan's
ability to increase investment performance, thereby decreasing reliance on employer contributions.
FISCAL IMP ACT: NI A
IYES: Not to amend the existing investment limits
Fire Pension Plan
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING SECTION 18-181 OF THE
BOYNTON BEACH CITY CODE TO EXPAND THE
FIREFIGHTER PENSION BOARD'S INVESTMENT
AUTHORITY BY RAISING THE CAP ON EQUITY
HOLDINGS; AMENDING SECTION 18-181.1 TO PERMIT
INVESTMENT IN FOREIGN SECURITIES, AS
PERMITTED BY STATE LAW; REPEALING ANY
ORDINANCE IN CONFLICT; PROVIDING A CONFLICTS
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach Florida, presently has a
retirement plan and trust for firefighters;
WHEREAS the Board of Trustees of the Firefighter Pension
Trust Fund desires to expand the scope of permissible investments
to include up to 70% equity, at cost;
WHEREAS the Board of Trustees of the Firefighter Pension
Trust Fund desires to expand the scope of permissible investments
to permit diversification into up to 10% foreign equities, at
cost;
WHEREAS these investments are authorized by Section 175.071,
Florida Statutes, if adopted by municipal ordinance;
WHEREAS the Board of Trustees' investment consultant has
recommended the following changes; and
WHEREAS the City Council finds that the passage of this
Ordinance is in the interest of the firefighters and the citizens
of the City of Boynton Beach;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA:
Section 1:
Section 18-181 lS hereby amended as follows:
Sec. 18-181. Investments.
The investment powers and authority of the board of trustees of
the municipal firefighters pension trust fund shall be in
accordance with Florida Statutes, Section 175.071, provided,
however:
(a) The aggregate investment of fund assets in:
(1) Obligations of the United States or obligations
guaranteed as to principal and interest by the government of
the United States; and
(2) County bonds containing a pledge of the full faith and
credit of the county involved, bonds of the division of bond
finance of the department of general services, or of any
other state agency, which have approved as to legal and
fiscal sufficiency by the state board of administration; and
(3) Obligations of any municipal authority issued pursuant
to the laws of this state; provided, however, that for each
of the five (5) years next preceding the date of investment
the income of such authority available for fixed charges
shall have been not less than 1.5 times its average annual
fixed-charges requirement over the life of its obligations;
and
(4) Bonds or other certificates of indebtedness issued or
guaranteed by a corporation organized under the laws of the
United States, any state or organized territory of the
United States or the District of Columbia; shall not at cost
exceed seventy (70) percent of the fund's assets; nor shall
more than ten (10) percent of the fund's assets be invested
in the bonds or other certificates of indebtedness of any
one issuing company; nor shall the aggregate of such
investment in anyone issuing company exceed three (3)
percent of the outstanding bonds or other certificates of
indebtedness of that company. Fund assets may be invested in
investment grade bonds with not greater than 10% of the
fixed income portfolio to hold an investment rating of Baa.
(b) The aggregate investment of fund assets in the common stock
or capital stock issued by a corporation organized under the laws
of the United States, any state, or organized territory of the
United States or District of Columbia shall not at cost exceed
oixty (60) seventy (70) per cent of the fund's assets; nor shall
more than five (5) per cent of the fund's assets be invested in
common stock or capital stock of anyone issuing company; nor
shall the aggregate of such investment in anyone issuing company
exceed three (3) per cent of the outstanding bonds or other
certificates of indebtedness of that company.
(c) The board of trustees may retain in cash and keep
unproductive of income such amount of the fund as it may deem
advisable, having regard for the cash requirements of the fund.
(d) The board of trustees may cause any investment in securities
held by it to be registered in or transferred into its name as
trustee or into the name of such nominee as it may direct or it
may retain them unregistered and in form permitting
transferability, but the books and records shall at all times
show that all investments are part of the fund.
Section 2:
Section 8-181.1 lS hereby amended as follows:
Sec. 18-181.1. Stocks not meeting specified quality criteria.
Notwithstanding anything in Article VIII of this chapter to the
contrary, the board of trustees may cause up to ten (10) percent
of the equity portion of the fireman's pension fund to be
invested in stocks whose sole criteria shall be that they are
listed on anyone (1) or more of the recognized national stock
exchanges. Consistent with Section 175.071, Fla.Stat., the board
of trustees may also invest up to ten percent (10%) of plan
assets, at cost, in foreign securities. Subsequent amendments to
Chapter 175, Fla.Stat, which expand the scope of permissible
investments shall be incorporated herein upon adoption by the
Florida Legislature.
Section 3: That all Ordinances or parts of Ordinances In
conflict herewith be and the same are hereby repealed.
Section 4: Should any section or provision of this
Ordinance or portion hereof, any paragraph, any 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 5:
Ordinance.
Authority is hereby granted to codify this
Section 6: This Ordinance shall become effective
immediately upon passage.
ADOPTED on first read this
day of
2006.
ADOPTED on second read this
day of
2006.
CITY OF BOYNTON BEACH
MAYOR
ATTEST:
CITY CLERK
IIp\900334\70% stock ordinance
Statutes & Constitution :View Statutes :->2005->Ch0175->Section 071 : Online Sunshine Page 1 of 3
Select Year: 2005 I-Go I
The 2005 Florida Statutes
T itle.xll
MUNICIPALITIES
(haptff.175
FIREFIGHTER PENSIONS
View Entire Chapte.I
175.071 General powers and duties of board of trustees.--For any municipality, special fire control
district, chapter plan, local law municipality, local law special fire control district, or local law plan
under this chapter:
(1) The board of trustees may:
(a) Invest and reinvest the assets of the firefighters' pension trust fund in annuity and life insurance
contracts of life insurance companies in amounts sufficient to provide, in whole or in part, the benefits
to which all of the participants in the firefighters' pension trust fund shall be entitled under the
provisions of this chapter and pay the initial and subsequent premiums thereon.
(b) Invest and reinvest the assets of the firefighters' pension trust fund in:
1. Time or savings accounts of a national bank, a state bank insured by the Bank Insurance Fund, or a
savings, building, and loan association insured by the Savings Association Insurance Fund which is
administered by the Federal Deposit Insurance Corporation or a state or federal chartered credit union
whose share accounts are insured by the National Credit Union Share Insurance Fund.
2. Obligations of the United States or obligations guaranteed as to principal and interest by the
government of the United States.
3. Bonds issued by the State of Israel.
4. Bonds, stocks, or other evidences of indebtedness issued or guaranteed by a corporation organized
under the laws of the United States, any state or organized territory of the United States, or the District
of Columbia, provided:
a. The corporation is listed on anyone or more of the recognized national stock exchanges or on the
National Market System of the NASDAQ Stock Market and, in the case of bonds only, holds a rating in one
of the three highest classifications by a major rating service; and
b. The board of trustees shall not invest more than 5 percent of its assets in the common stock or
capital stock of anyone issuing company, nor shall the aggregate investment in anyone issuing company
exceed 5 percent of the outstanding capital stock of that company or the aggregate of its investments
under this subparagraph at cost exceed 50 percent of the assets of the fund.
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Statutes & Constitution :View Statutes :->2005->Ch0175->Section 071 : Online Sunshine Page 2 of 3
This paragraph shall apply to all boards of trustees and participants. However, in the event that a
municipality or special fire control district has a duly enacted pension plan pursuant to, and in
compliance with, s. 175.351, and the trustees thereof desire to vary the investment procedures herein,
the trustees of such plan shall request a variance of the investment procedures as outlined herein only
through a municipal ordinance, special act of the Legislature, or resolution by the governing body of the
special fire control district; where a special act, or a municipality by ordinance adopted prior to July 1,
1998, permits a greater than 50-percent equity investment, such municipality shall not be required to
comply with the aggregate equity investment provisions of this paragraph. Notwithstanding any other
provision of law to the contrary, nothing in this section may be construed to take away any preexisting
legal authority to make equity investments that exceed the requirements of this paragraph. The board
of trustees may invest up to 10 percent of plan assets in foreign securities.
(c) Issue drafts upon the firefighters' pension trust fund pursuant to this act and rules and regulations
prescribed by the board of trustees. All such drafts shall be consecutively numbered, be signed by the
chair and secretary, and state upon their faces the purpose for which the drafts are drawn. The
treasurer or depository of each municipality or special fire control district shall retain such drafts when
paid, as permanent vouchers for disbursements made, and no money shall be otherwise drawn from the
fund.
(d) Convert into cash any securities of the fund.
(e) Keep a complete record of all receipts and disbursements and of the board's acts and proceedings.
(2) Any and all acts and decisions shall be effectuated by vote of a majority of the members of the
board; however, no trustee shall take part in any action in connection with the trustee's own
participation in the fund, and no unfair discrimination shall be shown to any individual firefighter
participating in the fund.
(3) The board's action on all claims for retirement under this act shall be final, provided, however, that
the rules and regulations of the board have been complied with.
(4) The secretary of the board of trustees shall keep a record of all persons receiving retirement
payments under the provisions of this chapter, in which shall be noted the time when the pension is
allowed and when the pension shall cease to be paid. In this record, the secretary shall keep a list of all
firefighters employed by the municipality or special fire control district. The record shall show the
name, address, and time of employment of such firefighters and when they cease to be employed by the
municipality or special fire control district.
(5) The sole and exclusive administration of, and the responsibilities for, the proper operation of the
firefighters' pension trust fund and for making effective the provisions of this chapter are vested in the
board of trustees; however, nothing herein shall empower a board of trustees to amend the provisions of
a retirement plan without the approval of the municipality or special fire control district. The board of
trustees shall keep in convenient form such data as shall be necessary for an actuarial valuation of the
htt"1'"\.//rITH.rnT lC!>rT C"tO"')ta f1 Hc-/Qtl'lfntoC"/;......A'a." n~') ^""'"'" -rv\n.r1o-n;c-.....l....nr C'f"'fnto{>rC'et.........,...'h C'+"";rlrT
"2 I') Q I') ()()t:;
Statutes & Constitution :View Statutes :->2005->Ch0175->Section 071 : Online Sunshine Page 3 of 3
firefighters' pension trust fund and for checking the actual experience of the fund.
(6)(a) At least once every 3 years, the board of trustees shall retain a professionally qualified
independent consultant who shall evaluate the performance of any existing professional money manager
and shall make recommendations to the board of trustees regarding the selection of money managers for
the next investment term. These recommendations shall be considered by the board of trustees at its
next regularly scheduled meeting. The date, time, place, and subject of this meeting shall be advertised
in the same manner as for any meeting of the board.
(b) For purposes of this subsection, the term "professionally qualified independent consultant" means a
consultant who, based on education and experience, is professionally qualified to evaluate the
performance of professional money managers, and who, at a minimum:
1. Provides his or her services on a flat-fee basis.
2. Is not associated in any manner with the money manager for the pension fund.
3. Makes calculations according to the American Banking Institute method of calculating time-weighted
rates of return. All calculations must be made net of fees.
4. Has 3 or more years of experience working in the public sector.
(7) To assist the board in meeting its responsibilities under this chapter, the board, if it so elects, may:
(a) Employ independent legal counsel at the pension fund's expense.
(b) Employ an independent actuary, as defined in s. 115.032(7), at the pension fund's expense.
(c) Employ such independent professional, technical, or other advisers as it deems necessary at the
pension fund's expense.
If the board chooses to use the municipality's or special district's legal counselor actuary, or chooses to
use any of the municipality's or special district's other professional, technical, or other advisers, it must
do so only under terms and conditions acceptable to the board.
History.--s. 1, ch. 63-249; s. 1, ch. 65-365; ss. 22, 35, ch. 69-106; s. 3, ch. 81-168; s. 4, ch. 86-41; s. 16,
ch. 93-193; s. 920, ch. 95-147; s. 1, ch. 98-134; s. 66, ch. 99-2; s. 17, ch. 99-392; s. 27, ch. 2000-151.
Copyright ~ 1995-2005 The Florida Legislature. Privacy Stateme.!lt . ContacLU.s
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<. n 51. n ()()()
y
7~SEGAL
THE SEGAL COMPANY
2018 Powers Ferry Road, Suite 850 Atlanta, GA 30339.5003
T 678.306.3100 F 678,306.3190 www.segalcQ.com
April 7,2006
Mr. Bill Mummert
Director of Financial Services
City of Boynton Beach
100 East Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
Re: Review of Proposed Firefighter Pension Plan Changes to Section 18-181
Investments
Dear Bill:
The following summarizes our review of the above changes.
Proposed changes:
The proposed changes are twofold. The first would modify Section 18-181 (b) to allow the Board
to invest up to 70% of fund assets at cost in equities. The second change would expand Section
18-181.1 to allow the Board to invest up to 10% of plan assets at cost from the equity allocation
in foreign securities.
Impact on plan funding:
This will have no immediate impact on required city contributions. The added flexibility given to
the plan's investment advisors may, over time, improve the investment return of the plan. There
can be an element of increased volatility in investment returns with a higher allocation to
equities. However, the addition of foreign investment opportunities may counter some of that
volatility by increased diversification.
Please feel free to contact me at 678-306-3119 to discuss any of the above items.
Sincerely,
~y/
Leon F. (Rocky) Joyner, Jr.
Vice President
LFJ/jh
136435/07011.001
Benefits, Compensation and HR Consulting ATLANTA BOSTON CALGARY CHICAGO CLEVELAND DENVER HARTFORD HOUSTON LOS ANGELES
MINNEAPOLIS NEW ORLEANS NEW YORK PHILADELPHIA PHOENIX PRINCETON RALEIGH SAN FRANCISCO TORONTO WASHINGTON, D.C.
/~'!{~. Multinational Group of Actuaries and Consultants
'-'A:'rC~ MEXICO CITY OSLO PARIS
BARCELONA BRUSSELS DUBLIN GENEVA HAMBURG JOHANNESBURG lONDON MELBOURNE
XIII-UNFINISHED BUSINESS
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORll'.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
[8J April 4,2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17, 2006 (Noon) 0 Ju]y 5, 2006 June ]9,2006 (Noon)
0 May 16, 2006 May],2006 (Noon) 0 July 18,2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NA TURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing [8J Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
l{ECOMMENDATlON: Approve resolution authorizing acquisition of Commercial Condominium Units designated as
. 'arcels ] 0 I, 102, 104 and 209 within First Financial Plaza in the Ocean One Project with possible eminent domain, as needed
and confirmed by the City Commission.
EXPLANATION: The CRA Board at their January 10,2006, meeting requested that the City work with the CRA in certain
land acquisition for redevelopment activities in the Federal Highway Corridor Community Redevelopment Plan adopted by
the City Commission as part of the CRA's Community Redevelopment Plan. The Plan was approved by the City Commission
as Ordinance 00]-20 on May ]5,2001. In addition, the City previously adopted Ordinance 98-33, establishing this area of
the community as a qualified redevelopment area pursuant to FSS ] 63.360. The Resolutions set the stage for cooperative
work between the City and the CRA to facilitate the purchase of property for redevelopment either by voluntary purchase
(preferred mode) or by eminent domain. The City Commission retains the sole authority to authorize eminent domain for
property purchases.
PROGRAM IMPACT: The Resolution is necessary to proceed with the Ocean One Project.
FISCAL IMP ACT: The costs associated with property research, appraisals, survey, legal, acquisition and relocation
assistance, as needed would be borne by the CRA.
ALTERN A TlVES:
Department Head's Signature
~C'M .
Ity anager's SIgnature
Department Name
City Attorney / Finance / Human Resources
S:\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA, DECLARING THE PUBLIC
5 NECESSITY OF ACQUIRING THE COMMERCIAL
6 CONDOMINIUM UNITS DESIGNATED AS SUITES 101, 102, 104 and
7 209 WITHIN THE FIRST FINANCIAL PLAZA FOR THE PURPOSE
8 OF ACQUIRING FEE SIMPLE, REQUIRED FOR THE
9 ELIMINATION OF BLIGHT AND SLUM AND FUTURE
10 CONSTRUCTION OF IMPROVEMENTS TO THE CITY'S
11 ORIGINAL REDEVELOPMENT AREA AND FOR VEHICULAR
12 AND PEDESTRIAN ACCESS AND PUBLIC PARKING WITHIN THE
13 CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR AN
14 EFFECTIVE DATE.
15
16 WHEREAS, the Boynton Beach Community Redevelopment Agency ("CRA") has
17 formally requested and the City Engineer has recommended that the acquisition of certain
18 real property as a Fee Simple estate is necessary in order to eliminate blight and slum and
19 for the construction of future improvements to the Ocean One project area; and
20 WHEREAS, as part and parcel of the Ocean One Project, the City Commission will
21 consider vacating 6th Court to create a new north south pedestrian and vehicular court open
22 to the public which constitutes a proper public purpose; and
23 WHEREAS, the Developer has agreed to construct, at its cost and expense, a
24 structured parking facility with approximately 1,492 parking spaces; and
25 WHEREAS, there is an immediate need for public parking in the downtown area;
26 and
27 WHEREAS, the Developer of the Ocean One Project will designate approximately
28 449 public spaces during weekend evenings and 410 public spaces during weekday
29 evenings; and
30 WHEREAS, the funds are available for the acquisition of these needed parcels; and
WHEREAS, this City Commission finds and agrees that the acquisition of the real
2 property described in composite Exhibit "A" as a Fee Simple estate is for a public purpose,
3 to wit: Fee Simple estate essential for elimination of blight and slum and certain future
4 improvements to the City's original redevelopment area pursuant to the Federal Highway
5 Corridor Community Redevelopment Plan adopted by the City Commission as part of the
6 CRA's Community Redevelopment Plan and for vehicular and pedestrian access and public
7 parking; and
8 WHEREAS, in order to accomplish the acquisition of the needed property for a Fee
9 Simple estate, it is necessary for the City Engineer and the City Attorney to take legal action
10 and to employ real estate appraisers and other experts deemed necessary.
11 NOW, THEREFORE, BE IT RESOLVED BY CITY COMMISSION OF THE CITY
12 OF BOYNTON BEACH, FLORIDA, THAT:
13 SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and
14 confirmed as being true and correct and are hereby incorporated herein. All exhibits attached
15 hereto are hereby incorporated herein.
16 SECTION 2. It is necessary, serves a municipal and public purpose, and is in the
17 best interest of the City of Boynton Beach to acquire the fee simple estates as set forth in the
18 attached Exhibit "A", to eliminate blight and slum and for the future improvements to the
19 City's original redevelopment area and for vehicular and pedestrian access and public
20 parking.
21 SECTION 3. That the properties described in composite Exhibit "A" attached
22 hereto as commercial condominium units designated as suites 101, 102, 104 and 209 and the
23 same are hereby ratified, confirmed and found to be necessary for acquiring the fee simple
2
estate to eliminate blight and slum and for the future improvements to the City's original
2 redevelopment area and for vehicular and pedestrian access and public parking. The City of
3 Boynton Beach shall acquire fee simple title to said parcels by gift, purchase, or eminent
4 domain as described in Chapter 166, Florida Statutes, and Chapters 73 and 74, Florida
5 Statutes. That acquisition of said parcels for this project are necessary and serve a public
6 purpose.
7 SECTION 4. The City Attorney shall first attempt to acquire the property through
8 negotiations at a price agreeable to both the sellers, if found and determined, and the City of
9 Boynton Beach; however, if such negotiations fail within a reasonable time from the
10 enactment of this Resolution, the City Attorney or the City Attorney's designee is authorized
11 and directed to institute a lawsuit in the name of the City of Boynton Beach, Florida, and in
12 the exercise of Boynton Beach's powers of eminent domain for the purpose of acquiring the
13 parcels described in composite Exhibit "A", attached hereto, and is further authorized and
14 directed to do all things necessary to prosecute such lawsuit to final judgment. In pursuit of
15 such authorization and in direction, the City Attorney or his assistant or designee, is
16 specifically authorized to sign and file a Declaration of Taking so that the City may avai I
17 itself of the provisions of Chapters 73 and 74, Florida Statutes, and the City Attorney or his
18 assistant is further authorized to accomplish the acquisition of said parcels by settlement and
19 compromise in those instances where same can be effected in accordance with the terms,
20 conditions and limitations established from time to time by the Boynton Beach City
21 Commission.
22 SECTION 5. This Resolution becomes effective immediately upon its passage and
23 adoption.
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PASSED AND ADOPTED this _day of
,2006.
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CITY OF BOYNTON BEACH, FLORIDA
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17 ATTEST:
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22 City Clerk
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24 (Corporate Seal)
By:
MAYOR
Vice Mayor
Commissioner
Commissioner
Commissioner
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4 EXHIBIT A
5 LEGAL DESCRIPTIONS OF UNITS
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7 Unit 101, FIRST FINANCIAL PLAZA, according to the Declaration of Condominium
8 thereof, recorded in O.R.B. 3239, Page 714, and all exhibits and amendments
9 thereof, Public Records of Palm Beach County, Florida, together with an undivided
10 interest in any appurtenant common elements, as provided for in said Declaration of
11 Condominium.
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14 Unit 102, FIRST FINANCIAL PLAZA, according to the Declaration of Condominium
15 thereof, recorded in O.R.B. 3239, Page 714, and all exhibits and amendments
16 thereof, Public Records of Palm Beach County, Florida, together with an undivided
17 interest in any appurtenant common elements, as provided for in said Declaration of
18 Condominium.
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21 Unit 104, FIRST FINANCIAL PLAZA, together with parking spaces 10 and 70,
22 according to the Declaration of Condominium thereof, recorded in OR.B. 3239,
23 Page 714, and all exhibits and amendments thereof, Public Records of Palm Beach
24 County, Florida, together with an undivided interest in any appurtenant common
25 elements, as provided for in said Declaration of Condominium.
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28 Unit 209, FIRST FINANCIAL PLAZA, together with parking spaces 23 and 36,
29 according to the Declaration of Condominium thereof, recorded in O.R.B. 3239,
30 Page 714, and all exhibits and amendments thereof, Public Records of Palm Beach
31 County, Florida, together with an undivided interest in any appurtenant common
32 elements, as provided for in said Declaration of Condominium.
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