Agenda 07-18-06
The City of
Boynton Be ch
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
JULY 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 Cherot
City Attorney
Janet M. Prainito
City Clerk
www.boynton-beach.org
We're Reinventing City Living for
the Millennium
WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES &. PROCEDURES FOR PUBLIC 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
July 18, 2006
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Mayor Jerry Taylor
C. Pledge of Allegiance to the Flag led by Commissioner Mike Ferguson
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS
A. Announcements:
1. Introduction of Marylee Coyle, Assistant Human Resource Director
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
None
2. Presentation of 2nd quarter D.I.S.C. award winners Grace Wilson, Daysi
Moncayo and Barry Brandenburg by Recognition Team Chair, Vicki Dornieden
and Co-Chair Maibet Rosado.
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the
discretion of the Chair, this 3 minute allowance may need to be adjusted
depending on the level of business coming before the City Commission>
1
Agenda
Regular City Commission
Boynton Beach, FL
July 18, 2006
v. ADMINISTRATIVE:
A. Accept the resignation of Joseph J. Baldwin as a regular member of the Planning and
Development Board.
B. Appointments
Appointment Length of Term
To Be Made Board Expiration Date
I Ensler Arts Commission Alt 1 yr term to 4/07 Tabled (2)
II McCray Arts Commission Reg 3 yr term to 4/08
IV McKoy Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled (2)
Mayor Taylor Cemetery Board Alt 1 yr term to 4/07
I Ensler Code Compliance Board Alt 1 yr term to 4/07 Tabled (2)
Mayor Taylor Code Compliance Board Alt 1 yr term to 4/07 Tabled (2)
II McCray Code Compliance Board Reg 3 yr term to 4/09
II McCray Community Redevelopment Agency Reg 4 yr term to 6/10 Tabled (3)
III Ferguson Community Relations Board Alt 1 yr term to 4/07 Tabled (2)
II McCray Community Relations Board Alt 1 yr term to 4/07 Tabled (2)
Mayor Taylor Education and Youth Advisory Board Alt 1 yr term to 4/07
I Ensler Education and Youth Advisory Board Alt 1 yr term to 4/07
IV McKoy Golf Course Advisory Committee Alt 5 yr term to 6/11 Tabled (2)
Mayor Taylor Golf Course Advisory Committee Alt 5 yr term to 6/11 Tabled (2)
II McCray Library Board Alt 1 yr term to 4/07
I Ensler Library Board Alt 1 yr term to 4/07 Tabled (2)
Mayor Taylor Recreation & Parks Board Alt 1 yr term to 4/07 Tabled (2)
III Ferguson 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 - June 30, 2006
2. Regular City Commission - July 5, 2006
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved
in the 2005-2006 Adopted Budget.
2
Agenda
Regular City Commission
Boynton Beach, FL
July 18, 2006
1. Approve cancellation of Bid#008-1411-06/0D "CO-OP THIRTY-NINE MONTH
GASOLINE AND DIESEL FUEL" that was awarded at the November 1, 2005
Commission meeting and approve a piggyback on State Contract #405-220-
920-7800 resulting in a savings of $621.35 per load for unleaded gasoline
from the current vendor.
C. Resolutions:
1. Proposed Resolution No. R06-117 RE: Approving and
authorizing execution of Task Order #U06-7-2 with Erdman Anthony of FL,
Inc., (d/b/a Crossroads Engineering & Surveying) in the amount of
$212,522.23 to provide design, permitting, bidding and construction phase
services for Lift Station Rehabilitations and Rebuilt Project for Lift Stations
101, 202, 313, 404 and 610.
2. Proposed Resolution No. R06-118 RE: Authorizing
execution of Task Order U06-001 with DcR Engineering Services, Inc. through
a piggyback of FRP 02-29 between St. Johns County and DcR Engineering
Services for engineering services to plan for the integration of the Utilities
control system at a cost of $24,892
3. Proposed Resolution No. R06-119 RE: Approving the
renewal of the five (5) year Cardiac Monitor/Defibrillator Service Agreement
with Medtronic Physio-Control for a total contract price of $54,399., paid in
annual installments of $10,867.80.
4. Proposed Resolution No. R06-120 RE: Approving and
authorizing execution of an Interlocal Agreement permitting the Boynton
Cultural Centre to utilize the City's benefit plans.
5. Proposed Resolution No. R06-121 RE: Approving and
authorizing the purchase of property owned by Benjamin W. Cain & Charlie M.
Cain, located at 215 NW 10th Avenue for the price of $190,000.
6. Proposed Resolution No. R06-122 RE: Approving and
authorizing Change Order #5 for the Library Expansion Project in the amount
of $441,517 to cover the cost escalations to the contractor from the
subcontractors.
a.
Proposed Resolution No. R06-123 RE:
Equipment in the amount of $137,137 as
expansion and operations. Total request
$578,654.
Approving Owner
required for building
for approval equals
7. Proposed Resolution No. R06-124 RE: Approving and
authorizing execution of an agreement between the City of Boynton Beach
and the Fairmont Place Homeowners Association, Inc. to share the purchase
cost and use of an emergency generator at a City lift station.
3
Agenda
Regular City Commission
Boynton Beach, FL
July 18, 2006
D. Authorize the use of $4,000 to the Community Caring Center and $5,000 to the
DeVos-Blum YMCA Partners in Youth Program from Commissioner Mike Ferguson's
Community Investment Funds.
E. Authorize the use of $1,000 from Vice Mayor McKoy's Community Investment Funds
and $1,500 from Mayor Taylor's Community Investment Funds to Boynton Beach Head
Start for the Bahamian Independence Day Celebration and $1,000 from Vice Mayor
McKoy's Community Investment Funds for the Art Explosion.
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:
Descri ption:
B.
Project:
Agent:
Owner:
Location:
Descri ption:
c.
Project:
Agent:
Owner:
Location:
Description:
D.
Project:
Agent:
Owner:
Comprehensive Plan Policies 1.9.5 and 1.16.1 Cycle 2-2006
Amendments (CPTA 06-001)
City Initiated
Request to amend Future Land Use Element policies 1.9.5 and
1.16.1 of the City of Boynton Beach Comprehensive Plan. (1st
Reading of Proposed Ordinance No. 06-) (Tabled on July 5,
2006)
Sonic Restaurant (COUS 06-002)
Jon E. Schmidt, Jon E. Schmidt & Associates
Winchester, Winchester, Zeiher & Schroeder, FL. GP
Winchester Park Boulevard at Boynton Commons Plaza
Request for Conditional Use/New Site Plan approval for a 1,674
square foot fast food drive-in restaurant and related site
improvements on a 1.70 acre parcel in a C-3 zoning district.
RBC Centura Bank (NWSP 06-016)
Joseph Marzi, P.E. and Russell Morrison, P.E., of Kimley Horn &
Associates, Inc.
1950 Congress Avenue, LLC
Approximately 260 feet north of the northeast corner of Old Boynton
Road and Congress Avenue
Request for New Site Plan approval for a 3,920 square foot bank
and related site improvements on outlot #2 of The Boynton Town
Center site.
Boynton Lakes North (MPMD 06-002)
Fred Freimann, President of Boynton Lake North Homeowners'
Association
Boynton Lake North Homeowners' Association
4
Agenda
Regular City Commission
Boynton Beach, FL
July 18, 2006
Meadows PUD (MPMD 05-013)
Steven L. Cohen & Associates, P .A.
Boynton Meadows, LLC
Southwest corner of Congress Avenue and Hypoluxo Road
Request for Master Plan Modification approval for the addition of 34
townhomes to the Meadows Planned Unit Development (PUD)
(Request to be removed from Agenda)
Meadows Townhomes (NWSP 05-032)
Steven L. Cohen & Associates, P .A.
Boynton Meadows, LLC
100 Meadows Circle
Request for New Site Plan approval for 34 townhomes and related
site improvements on a 7.966 acre tract within the Meadows
Planned Unit Development (PUD) (Request to be removed from
Agenda)
IX. CITY MANAGER'S REPORT:
Location:
Descri ption:
E.
Project:
Agent:
Owner:
Location:
Description:
F.
Project:
Agent:
Owner:
Location:
Description:
None
Southeast corner of Congress Avenue and Hypoluxo Road
Request for Master Plan Modification of the Boynton Lakes North
P.U.D. to reduce the minimum rear yard setbacks for water lots from
ten (10) feet to two (2) feet for hard roof enclosures and from five
(5) feet to zero (0) feet for screened roof enclosures; and to reduce
the minimum rear yard setbacks for interior or non-water lots from
ten (10) to five (5) feet for hard roof enclosures and from five (5)
feet to two (2) feet for screened roof enclosures.
X. FUTURE AGENDA ITEMS:
A. Review benefits and premiums for 2006/2007 Health and Life Insurance coverage
(August 1, 2006)
B. NCF&O White Collar Collective Bargaining Agreement 10/1/06 to 9/30/09 (Aug. 1,
2006 )
C. Small/Minority Business Enterprise (S/MBE) Plan Proposal (Aug. 15, 2006)
D. Ordinance creating a mechanism for naming facilities within the City and
establishment of overseer committee (Aug, 15, 2006)
E. Selection of consultant for M-1 Zoning District Study - Aug. 15, 2006
XI. NEW BUSINESS:
None
5
Agenda
Regular City Commission
Boynton Beach, FL
July 18, 2006
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
Coastal Bay Colony
1. Proposed Ordinance No. 06-060 RE: Approving
request to abandon a ten (10) foot wide utility easement at the southwest
corner of the property.
2. Proposed Ordinance No. 06-061 RE: Approving
request to abandon a ten (10) foot wide utility easement located across lots
14, 15, 16, 17 and 18 of the original Robinson's Addition plat.
3. Proposed Ordinance No. 06-062 RE: Approving
request to abandon a three (3) foot wide easement located in Block 4 of
the Boynton Heights Addition, extending south of Boynton Beach Boulevard
a distance of 131 feet. (Post Office Easement ABAN 06-007)
Hemingway Square
4. Proposed Ordinance No. 06-066 RE: Approving an
amendment to the Comprehensive Plan Future Land Use Map from Local
Retail Commercial (LRC) to Special High Density Residential (SHDR).
5. Proposed Ordinance No. 06-067 RE: Rezoning from
Community Commercial (C-3) and Neighborhood Commercial (C-2) to Infill
Planned Unit Development (IPUD, 20 dus/acre).
6. Hemingway Square (HTEX 06-006) Request for height exception of
four (4) feet to allow chimneys to exceed the maximum building height of
45 feet, for a total of 49 feet. (Tabled to July 18, 2006)
7. Hemingway Square (NWSP 06-007) Request for new site plan
approval for the construction of 21 townhomes, recreational amenities and
related site improvements on 1.25 acres zoned IPUD. (Tabled to July 18,
2006)
6
Agenda
Regular City Commission
Boynton Beach, FL
July 18, 2006
Casa del Mar
8. Proposed Ordinance No. 06-068 RE: Approving an
amendment to the Comprehensive Plan Future Land Use Map from Local
Retail Commercial (LRC), High Density Residential (HDR), and Low Density
Residential (LDR), to Special High Density Residential (SHDR, 20 dus/per
acre) .
9. Proposed Ordinance No. 06-069 RE: Rezoning from
Community Commercial (C-3), Multi-Family Residential (R-3), and Single-
Family Residential (R-1-AA) to Infill Planned Unit Development (IPUD).
10. Case del Mar (HTEX 06-007) Request for a height exception of
approximately nine (9) feet to allow a mansard roof to exceed the maximum
building height of 45 feet, for a total of 53 feet 6 inches (53'-6") at its
highest point. (Tabled to July 18, 2006)
11. Casa del Mar (NWSP 06-015) Request for new site plan approval for the
construction of 42 townhomes, 40 condominiums, recreational amenities
and related site improvements on 4.11 acres to be zoned IPUD. (Tabled to
July 18, 2006)
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 06-071 RE: Adopting and
revising Article 1, Chapter 13 of the City's Code of Ordinances to include a
process and procedure for withholding the issuance of renewal of
occupational licenses as a result of existing violations of the City's Code of
Ordinances or for failure to comply with the City's Land Development
Regulations.
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 06-073 RE: Approving the
establishment of the Boynton Village Community Development District.
D. Resolutions:
1.
Proposed Resolution No. R06-125 RE: Approving
Preliminary Rate Resolution for the Fire Assessment.
a
7
Agenda
Regular City Commission
Boynton Beach, FL
July 18, 2006
E. Other:
None
XIII. UNFINISHED BUSINESS:
A. Review City Commission policy on funding eligibility areas for Community
Development Block Grant Program.
B. Reconsideration of stormwater rate structure.
C. Reconsideration of arts fee code applicability to Boynton Beach Lofts site plan
extension.
D. Reconsideration of the motion to investigate lowering the millage to 7.0 mills.
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION 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 PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR AcnVITY CONDUCTED BY THE CITY. PLEASE
CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR AcnVITY IN ORDER FOR THE CITY TO
REASONABLY ACCOMMODATE YOUR REQUEST.
AGENDA 7/14/200611:15 AM
5: \CC\ WP\CCAGENDA \AGENDASW ear 2006\071806.doc
8
/!~"':~\
, . '
.o~~o N~J;
III.-ANNOUNCEMENTS & PRESENTATIONS
CITY OF BOYNTON BEACH Item C.2
AGENDA ITEM REQUEST FOR
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 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) X 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
0 Bids 0 Unfmished Business
0 Announcement X Presentation
0 City Manager's Report
RECOMMENDATION: t<) .
Presentation to be made by Recognition Team Chair, Vicki Dornieden, and Recognition Team Co-Chair, Maibet Rbiadofor-'
the purpose of recognizing the 2nd quarter (April, May, & June) D.I.S.C. award winners - Grace Wilson, Daysi Monoayo, and
Barry Brandenburg. _
EXPLANATION: ~ '>
This presentation will fulfill the Recognition Team's vision, "No contribution goes unrecognized" and the team's'rillssioh;-)
"To foster and maintain an environment where city employees are rec.ognized and valued."
-;-r t ~,.'
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
~
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
V. ADMINISTRATIVE
ITEM A.
Prainito, Janet
From:
Sent:
To:
BARJOE79@aol.com
Tuesday, July 04, 20065:59 PM
Prainito, Janet
Subject: P & D board
July 4, 2006
City Clerks Office,
Please be advise that I Joseph J Baldwin as of this date do here by resign from the Planning and Development
board. I have notified the board at the last meeting in City Chambers of this.
I would like to thank the City Mayor, Commissioners and all members that had appointed me to this board. It
has been a great please to have served.
The reason that I am resigning is that I am moving to an other state.
My new address is as follows
370 Classic Oaks Cir
Hendersonville, NC 28792
Thank you in advance,
Joseph J. Baldwin
1746 Palmland Dr
Boynton Beach, FI 33436
7/5/2006
APPLICANTS ELIGIBLE FOR APPOINTMENT 07/18/06
LAST NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3rd CHOICE APPLICATION
SUBMITTED
Aikens Willie L. Community Redev. 6/20/06
Agency Board
Barnes Matthew Community Redev. Planning & Dev. 3/30/06
Aqency Board Board
Buchanan James (Buck) Community Redev. 7/10/06
Agency Board
Chaney Lance Community Redev. 6/27/06
Agency Board
Giangreco Corrado Golf Course Adv. 6/16/06
Committee
Moeller Christine Arts Commission Community 7/10/06
Relations Board
VI.-CONSENT AGENDA
ITEM 8.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\t1
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)
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 July 5, 2006 June 19.2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) ~ July 18,2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF IZI 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: A motion to cancel Bid# 008-1411-06/CJD "CO-OP THIRTY NINE MONTH GASOLINE
AND DIESEL FUEL" that was awarded at the November 1, 2005 Commission meeting and approve a piggy-back on
State Contract # 405-220-920-7800.
EXPLANATION: It has been recommended by our Fleet Manager, Tim Calhoun, to use the Florida State
Contract for Transport deliveries of Unleaded gas and secondary contract for Transport deliveries of Diesel Fuel.
The mark up for Petroleum Traders under the state contract is $.0169 per gallon for unleaded and $.0217 per gallon
for diesel fuel. Our current secondary vendor BV Oil would charge us $.09 per gallon for unleaded gasoline. On a
transport load (8500 gallons) of gasoline it would cost us $621.35 more per load to purchase unleaded gasoline from
our current secondary vendor BV Oil, therefore it has been determined to use the State Contract for Unleaded
gasoline and Transport deliveries of Diesel Fuel.
PROGRAM IMPACT: The purpose of this bid was to secure vendors for Gasoline and Diesel Fuel for the entire City
departments on an "As Needed" Basis. The tentative cancellation date of the CO-OP contract is July 1, 2006 or when
written notification is received by the City of Boynton Beach. Until written notification is received the full terms of the
contract are still in effect. Under the terms of the contract there is no cancellation penalty incurred by the City.
FISCAL IMPACT:
501-0000-141-20
501-0000-141-20
$100,000.00
$50,000.00
Unleaded Gasoline
Diesel Fuel
ALTERNATIVES: In order to maintain fuel deliveries for Unleaded gasoline and Diesel Fuel, the City must use the
State Contract prices to attain the best pricing.
Procurement Services
Department
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
PUBLIC WORKS DEPARTMENT
MEMORANDUM #06-063
TO:
Bobby Jenkins, Assistant Director of Finance
THRU:
Jeffrey Livergood, P.E., Director of Public Works
Chris Roberts, Deputy Director of Public Works
FROM:
Tim Calhoun, Fleet Administrator
SUBJ:
Fuel Contract Change for Petroleum Traders
DATE:
June 5, 2006
Palm Beach County and Petroleum Traders have decided to cancel Fuel Co-Op contract
tentatively July 1,2006. This cancellation will affect our purchasing of Unleaded
Gasoline Transport Loads. We have a secondary vendor BY Oil whom we already have
a contract with for Diesel Fuel, but because of the cost difference noted below we
recommend that we piggy back off of the State Contract 405-220-920-7800 and continue
to purchase fuel from Petroleum Traders (PT).
Petroleum Traders PO#60467 will be canceled by PT and PBC July 1, 2006.
What I suggest is that we use the Florida State Contract for our Transport deliveries of
unleaded gas and secondary contract for Transport deliveries of Diesel Fuel. The mark
up for PT under the state contract is $.0169 per gallon for unleaded and $.0217 per gallon
for diesel fuel. Our current secondary vendor BY Oil would charge us $.09 per gallon for
unleaded gasoline.
On a transport load (8500 gallons) of gasoline it would cost us $621.35 more per load to
purchase unleaded gasoline from our current secondary vendor BY Oil. We order about
30 loads a year so this would increase our cost over $18,000 if we gave the contract to
our current secondary vendor.
Please request approval from the City Commission to award a contract to Petroleum
Traders based on the contract and pricing in the Florida State Contract.
Attachment
Copy: PW Files
Omtractors - Petroleum Traders Corporation (A) / Gasoline and Fuel Oil/State Term Co... Page 1 of2
Rate this Contract
View Survey Results
Petroleum Traders Corporation (A)
ORDERING INSTRUCTIONS
CONTRACTOR: Petroleum Traders Corporation (A)
SPURS VENDOR NUMBER: 35-1462227-002
Name: Michael Himes
Title: President
Street Address: 7110 Pointe Inverness Way
E-mail Address:
Phone Number(s): 260-432-6622
Fax Number: 260-432-6564
If the person responsible for answering questions about the Reply is different from
the person identified above, please provide the same information for that person.
Name: Gayle Newton
Title: Contract Sales Manager
Street Address: 7110 Pointe Inverness Way
City, State, Zip: Fort Wayne, IN 46804-7928
E-mail Address:gnewton@petroleumtraders.com
Phone Number(s): 260-432-6622 Ext. 318
Fax Number: 260-432-6564
Ordering Information:
Spurs Information Number: 35-1462227-002 (A)
Name: Gayle, Ethel, Jenn, Meredith, Nichole, Diane, Irene, or Tara
Title: Contract Sales Specialist
httno//rlm<;: mvflorirl~ rom/rlm<;:/1~vollt/<;:p.t/nrint/<;:t:ltp nllTrh~<;:inp/<;:t~tp. rontT~d<;: ~PTp.p.mp.nt 'i/11 n()()n
CC'ntractors - Petroleum Traders Corporation (A) / Gasoline and Fuel Oil/State Teml Co... Page 2 of 2
Street Address or P.O. Box: 7110 Pointe Inverness Way
City, State, Zip: Fort Wayne, IN 46804-7928
Phone Number: 800-348-3705 Ext. 318
Toll Free Number: 800-348-3705 Ext. 318
Ordering Fax Number: 260-432-6564
Internet Address: http://www.pet[oleu.mtraders.com/
Federal ID Number: 35-1462227
Remit Address: same as above
Bank Charge Fee(s): 4 0/0
Method of Transport Delivery: X Common Carrier Contractor Owned
Department of Management Services Copyright @ 2004 State of Florida
httn:/ / dms. mvflorida. com! dms/layout! set/print! state purchasing/state. contracts agreement. .. 5/31/2006
Contractors - B. V. Oil Company, Inc. (I) / Gasoline and Fuel Oil/State Term Contracts /... Page 1 0[2
Rate this Contract
View Su~8.gsults
B. V. Oil Company, Inc. (I)
ORDERING INSTRUCTIONS
CONTRACTOR: B. V. Oil Company, Inc. (I)
SPURS VENDOR NUMBER: 59-2304457-001 (I)
Name: John Wright
Title: Director Sales/Marketing
Street Address: 7950 NW 58th St
City, State, Zip: Miami, FL 33166
E-mail Address:johnw@bvoil.com
Phone Number(s): 305-593-0705 Ext. 24
Fax Number: 305-591-1769
Ordering Information:
Please provide the following information for Customers to issue a Purchase Order.
You must provide a regular mailing address.
Spurs Information Number: 59-2304457-001 (I)
Name: John Wright
Title: Director Sales/Marketing
Street Address or P.O. Box: 7950 NW 58th St
City, State, Zip: Miami, FL 33166
Phone Number: 305-593-0705 Ext. 24
Ordering Fax Number: 305-591-1769
Internet Address: http://www.bvoil.com/
Federal ID Number: 59-2304457
Remit Address: same as above
httn://dms.mvflorida.comldms/lavout/set/nrint/state nurchasim!!state contracts alITeement... 5/31/2006
Crmtractors - B. V. Oil Company, Inc. (1) / Gasoline and Fuel Oil/State Tern1 Contracts /... Page 2 of 2
Bank Charge Fee(s): 1 0/0
Method of Transport Delivery: Common Carrier X Contractor Owned
DeRgrtmeDtQfrvLa_nC:lg_em~nLSer'ii5=_es Copyright @ 2004 StC:lteoJFlori~a
hH~.II..-lm... mufl".'-;A.., "".m/r1m.,jl""nllt/,,pt/nrint/~t~tp. nllrc.nm:;lnp"/state contracts agreement... 5/31/2006
PRICE SHEETS
Palm Beach County - Southern District:
405-220-920-7000 Gasoline, Unleaded, 87 Octane, Tank Wagon Delivery
Minimum Delivery 500 Gallons.
Streicher Mobile Fueling
67)
67)
67)
Port Consolidated
Petroleum Traders
.0635
.08
.145
405-220-920-7800 Gasoline, Unleaded, 87 Octane, Transport Delivery
Minimum Delivery 8,000 Gallons.
Petroleum Traders
134)
134)
134)
Mansfield Oil
B. V. Oil
.0169
./
.0311
.0498
405-220-920-7100 Gasoline, Unleaded, 89 Octane, Tank Wagon Delivery
Minimum Delivery 500 Gallons.
Streicher Mobile Fueling
201)
201)
201)
Port Consolidated
Petroleum Traders
.0635
.08
.145
405-220-920-7900 Gasoline, Unleaded, 89 Octane, Transport Delivery
Minimum Delivery 8,000 Gallons.
Petroleum Traders
268)
268)
268)
Mansfield Oil
Port Consolidated
.0084
.0311
.04
405-220-920-9000 Gasoline, Unleaded, 92 Octane, Tank Wagon Delivery
Minimum Delivery 500 Gallons.
Streicher Mobile Fueling
335)
335)
335)
Port Consolidated
Petroleum Traders
.0635
.08
.145
PRICE SHEETS
Palm Beach County - Southern District:
405-220-920-9200 Gasoline, Unleaded, 92 Octane, Transport Delivery
Minimum Delivery 8,000 Gallons.
Petroleum Traders
402)
402)
402)
Mansfield Oil
Port Consolidated
-.0034
.0136
.04
405-120-260-1000 Diesel Fuel, Grade No. 2-D Low Sulfur, Tank Wagon Delivery
Minimum Delivery 500 Gallons.
Streicher Mobile Fueling
469)
469)
469)
Port Consolidated
Petroleum Traders
.0635
.08
.145
405-120-260-1030 Diesel Fuel, Grade No. 2-D Low Sulfur, Transport Delivery
Minimum Delivery 7,200 Gallons.
Petroleum Traders
536)
536)
536)
Mansfield Oil
B. V. Oil
.0217
~
.0402
.0411
405-120-260-0800 Diesel Fuel, Grade No. 2-D High Sulfur, Tank Wagon Delivery
Minimum Delivery 500 Gallons.
Streicher Mobile Fueling
603)
603)
603)
Port Consolidated
Petroleum Traders
.0635
.08
.145
405-120-260-0820 Diesel Fuel, Grade No. 2-D High Sulfur, Transport Delivery
Minimum Delivery 7,200 Gallons.
Petroleum Traders
670)
670)
670)
Mansfield Oil
Port Consolidated
.0209
.0387
.04
PRICE SHEETS
Palm Beach County - Southern District:
405-120-270-0010 Diesel Fuel, Red Dye, Grade No. 2-D Low Sulfur, Tank Wagon
Delivery, Minimum Delivery 500 Gallons.
Streicher Mobile Fueling
737)
737)
737)
Port Consolidated
Petroleum Traders
.0635
.08
.145
405-120-270-0030 Diesel Fuel, Red Dye, Grade No. 2-D Low Sulfur, Transport Delivery
Minimum Delivery 7,200 Gallons.
Petroleum Traders
804)
804)
804)
Port Consolidated
Mansfield Oil
.0267
.04
.0402
405-120-350-1000 Heating Fuel, Grade No.1, Tank Wagon Delivery
Minimum Delivery 500 Gallons.
Streicher Mobile Fueling
871)
871)
871)
Port Consolidated
Petroleum Traders
.0635
.08
.145
405-120-350-1100 Heating Fuel, Grade No.1, Transport Delivery
Minimum Delivery 7,200 Gallons.
Petroleum Traders
938)
938)
938)
Port Consolidated
B. V. Oil
.0392
.04
.0411
405-120-350-2000 Heating Fuel, Grade No.2, Tank Wagon Delivery
Minimum Delivery 500 Gallons.
Streicher Mobile Fueling
1005)
1005)
1005)
Port Consolidated
Petroleum Traders
.0635
.08
.145
PRICE SHEETS
Palm Beach County - Southern District:
405-120-350-2200 Heating Fuel, Grade No.2, Transport Delivery
Minimum Delivery 7,200 Gallons.
Petroleum Traders
1 072)
1072)
1072)
Mansfield Oil
Port Consolidated
.0209
.0387
.04
405-120-350-2300 Heating Fuel, Grade No.2 Low Sulfur, Tank Wagon Delivery
Minimum Delivery 500 Gallons.
Streicher Mobile Fueling
1139)
1139)
1139)
Port Consolidated
Petroleum Traders
.0635
.08
.145
405-120-350-2400 Heating Fuel, Grade No.2 Low Sulfur, Transport Delivery
Minimum Delivery 7,200 Gallons.
Petroleum Traders
1206)
1206)
1206)
Port Consolidated
Mansfield Oil
.0267
.04
.0402
405-120-250-0400 Biodiesel, B20 Blend, Tank Wagon Delivery
Minimum Delivery 1,000 Gallons.
Streicher Mobile Fueling
1273)
1273)
1273)
B. V. Oil
World Energy
.1135
.158
.496
405-120-250-0600 Biodiesel, B20 Blend, Transport Delivery
Minimum Delivery 7,200 Gallons.
Port Consolidated
1340)
1340)
1340)
B. V. Oil
World Energy
.04
.097
.221
VI.-CONSENT AGENDA
CITY OF BOYNTON BEA( ITEM C.!
AGENDA ITEM REQUEST FL __ _
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetin~ Dates in to City Clerk' s Office Meeting Dates in to City Clerk's Office
_0'-'
0 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 July 5, 2006 June 19,2006 (Noon)
0 May 16,2006 May 1,2006 (Noon) [gJ July 18, 2006 July 3, 2006 (Noon)
\..:.-J '.J
0 Administrative 0 Development Plans
NATURE OF [gJ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Motion to approve and execute by Resolution Task Order #U06-7-2 with
Erdman Anthony of Florida, Inc. (d/b/a Crossroads Engineering & Surveying) in the amount of
$212,522.23 to provide design, permitting, bidding and construction phase services for Lift Station
Rehabilitations and Rebuild Project for Lift Stations 101,202,313,404, and 610.
EXPLANATION: The City has determined that five (5) lift stations in various locations do not
meet current standards and need to be reconstructed or rehabilitated to improve the City's
sanitary sewer system. The locations of the lift stations are:
· LS 101- Near Briny Breezes community (SR AlA)
· LS 313 - NW 3rd Street and NW 12th Avenue
· LS 202 - New Palm Way and Lake Street near the Intracoastal Waterway
· LS 404 - Between Main Boulevard and South Boulevard, east of 1-95
· LS 610 - South of Neptune Drive and east of Congress Avenue
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.IX>C
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Lift Station (LS) 101 provides sanitary sewer service to the St. Andrews community. Erdman
Anthony previously contracted with the City to design a force main interconnect under SR AlA,
and reconstruct LS 101. The design is complete and permitted and the City plans to incorporate
the construction plans for LS 101 with this task order. The force main interconnect will be
completed by Utilities Department personnel.
LS 313, located at NW 3rd Street and NW 13lh Avenue, suffered hurricane damage and the entire
station must be demolished and replaced. The reconstruction design for LS 313 was completed by
Kimley-Horn under a separate task order and will be incorporated into a single set of plans
produced by Erdman Anthony for all five (5) lift stations.
LS 202,404 and 610 were constructed with a small, shallow can-style wet well with a separate dry
well for the pumps and valves. This type of construction does not meet the City's current
standards and the stations have neared their design life. The wet well for LS 202 will require a
relocation into an adjacent roadway, whereas LS 404 and LS 610 have sufficient room for their
new wet wells within the existing lift station footprint.
PROGRAM IMPACT: Task Order #U06-7-2, Erdman Anthony of Florida, Inc. will provide
professional engineering services to recommend and determine the most effective method for
replacement or rehabilitation of three (3) of the five (5) existing lift stations. As stated previously,
the designs for LS 101 and LS 313 have already been completed and Erdman Anthony will
coordinate and incorporate the plans into a single set of drawings for bidding purposes.
The scope of services includes an analysis of LS 202, 404 and 606 to determine individual upgrade
or replacement improvements; preparation of drawings and technical specifications; permits for
each lift station due to independent locations; bid phase services; construction phase services and
services during construction; and project closeout.
FISCAL IMPACT: Funds are available in Utilities Account #403-5000-590-96-04 SWR105.
Current Rough Order of Magnitude estimate (in early 2006 dollars) reflects the following
anticipated costs:
LS 101
LS 202
LS 313
LS 404
LS 610
TOTAL
$ 210,000
$ 250,000
$ 300,000
$ 210,000
$ 210,000
$1,180,000.00
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.OOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
AL TERNA TIVES:
There are no alternatives. The replacement or rehabilitation of the five (5) lift stations within this
task order are necessary for the City to bring the lift stations up to current standards, alleviate
low flow rates and associated stagnation and odor caused by an aging system. The lift stations are
generally located in high growth areas and the City must be prepared to meet future demands.
/7
~ 1J:i7~? xtf ,(,.0/0, ('hL-
Kofi Boateng,
Utilities Director
Utilities
Department Name
Attachments:
bc: Kofi Boateng, Utilities Director
Peter Mazzella, Deputy Utilities Director
Chris Roschek, Engineering Division Manager
Barb Conboy, Manager Utilities Admin & Finance
Paul Fleming, Sr. Project Manager
PMT File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOI~UTION NO. R06-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, _FLORIDA, AUTHORIZING EXECUTION OF
5 TASK ORDER NO. U06-7-2 IN THE AMOUNT OF $212,
6 522.23 'VITH ERDMAN ANTHONY OF FLORIDA,
7 JNC., (D/B/A CROSSROADS ENGINEERING &
8 SURVEYING) TO PROVIDE DESIGN, PERMITTING,
9 BIDDING AND CONSTRUCTION PHASE SERVICES
10 FOR LIFT STATION REHABILITATIONS AND
11 REBUILD PROJECT FOR LIFT STATIONS 101, 202,
12 313, 404 AND 610; AND PROVIDING AN EFFECTIVE
13 DATE.
14
15
16 WHEREAS, the City of Boynton Beach has determined that five (5) lift stations in
17 various locations do not meet current standards and need to be reconstructed or rehabilitated
18 to improve the City's sanitary sewer system; and
19 WHEREAS, Task Order #U06-7-2 with Erdman Anthony of Florida, Inc_, will
20 provide professional engineering services to recommend and determine the most effective
21 method for replacement or rehabilitation of three of the five existing lift stations; and
22 WHEREAS, The designs for Lift Stations 101 and 313 have already been completed
23 and Erdman Anthony will coordinate and incorporate the plans into a single set of drawings
24 for bidding purposes; and
25 WHEREAS, the City Commission of the City of Boynton Beach upon
26 recommendation of staff, deems it to be in the best interest of the citizens of the City of
27 Boynton Beach to authorize execution of Task Order U06-7-2 in the amount of$2l2,522.23
28 with Erdman Anthony of Florida, Inc. (d/b/a Crossroads Engineering & Surveying).
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION O:F
30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S:\CA\RESOlAgreements\Task . Change Orders\Erdman Anthony-TaskOrderU06-7-2.doc
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
2 bemg true and correct and are hereby made a specific part of this Resolution upon adoption
3 hereof
Section 2.
The City Commission of the City of Boynton Beach, Florida does
4
5 hereby authorize and direct the approval and execution of Task Order U06-7-2 in the amount
6 of $212,522.23 with Erdman Anthony of Florida, Inc., (d/b/a Crossroads Engineering &
7 Surveying) for engineering services to provide design, permitting, bidding and construction
8 phase services for Lift Station Rehabilitations and Rebuild Project for Lift Stations 101, 202,
9 313,404 and 610, a copy of which is attached hereto as Exhibit "A".
10
Section 3.
This Resolution shall become effective immediately upon passage.
11
PASSED AND ADOPTED this _ day of July, 2006.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29 ATTEST:
30
31
3? ! Ci1 \/ Clerk
3; /1 1.1
34 ,; (corporate seal)
I
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
Commissioner - Muir C. Ferguson
S\CfIIHESOlAgreemenlslTask - Change OrderslErdman Anlhony-TaskOrderU06-7-2.doc
T:'1 f{ Order No. U06-7-2
Station 101, 313, 202, 404 and 610
A. Background
Lift Station 101 is located near Briney Breezes. The Sewage from the community of Briny
Breezes flows to the City of Boynton Beach's (the CITY's) Lift Station (LS) 103. The sewage
from LSI03 flows to the south via two routes: a 4" force main on the west side of SR AlA, and
LS 10 1 in the St. Andrews golf course community. Both stations are older and not constructed to
current standards. The CITY desires to remove LS103 from service and to replace or upgrade
LSIOl. Additionally, there is a 4" force main within the SR AlA right of way on the east side of
the highway. The force main on the east side of SR AlA experiences low flow, particularly
during the summer months. This results in stagnation that causes odor problems at the down
stream manhole. To improve the flow in this force main, the CITY desires to install an
interconnect under SR AlA near the north limits of the eastern force main. Erdman Anthony
previously contracted with the City of Boynton Beach to perform the survey, design and limited
construction observation for the lift station and a force main interconnect. The design is
complete and permitted and the construction related services have not yet begun. The City
desires to delete the remaining portion of that contract and expand the services provided by
Erdman Anthony during construction. The City anticipates completing the force main
interconnect with staff personnel. The City desires to incorporate the construction plans for the
lift station reconstruction into a single set of plans for the five lift stations so that they can be bid
and constructed together.
Lift Station 313 is located at NW3rd St and NW 13lh Ave and is an older lift station that was
damaged in the hurricanes and needs replacing. The station reconstruction was designed and
permitted by Kimley Horn, Inc. The City desires for those construction plans to be incorporated
into the single set of plans for the five lift stations without redesign, permit modification or any
other changes so that all five lift stations can be bid and constructed together.
Lift Stations 202,404 and 610 are three older sanitary sewer lift stations owned by the City of
Boynton Beach that were constructed with a small, shallow, can-style wet well with a separate
dry well for the pumps and valves. This type of construction does not meet the CITY's current
standards and the stations have neared their design life. Therefore, the CITY desires to upgrade
or replace these three lift stations to meet the current design criteria.
The three lift stations are located as follows:
. LS 202 at New Palm Way and Lake Street near the Intracoastal Waterway
. LS 404 between Main Blvd. and South Blvd. just east of 1-95
. LS 610 south of Neptune Dr. and east of Congress Ave.
This Task Order will be submitted as a stand-alone document. It addresses fees for Erdman
Anthony of Florida, Inc. (the CONSULT ANT), to supply professional services for the described
design, permitting, bid phase, construction observation and certification services. The
construction documents will be prepared in one set of plans and the CITY will bid and construct
these facilities together. Each lift station will be permitted separately due to their locations.
TASK ORDER NO.2 - Lift Station 101, 313, 202, 404, and 610 Replacements
B Scope of Services for Phase I
Task 1 - Analysis
The CONS UL T ANT will investigate the existing conditions including the following for LS 202,
404 and 610:
1. Field review the sites in coordination with the neighboring community (if deemed
necessary) and CITY staff. Assess the physical dimensions of the existing lift stations for
their suitability to be upgraded.
2. As an optional service, obtain a soil boring for the approximate location of the proposed
lift stations to provide the Contractors with adequate information related to the level of
effort they wiJ] experience in excavating the wet well. This service will be performed by
CONSULTANT'S subconsultant, Dunkelberger Engineering & Testing, Inc.
3. Estimate the flow and head conditions for the lift stations and recommend a size, depth,
and pump for the lift station.
4. Perform Utility Coordination Efforts as follows:
A. Obtain documents of record, where available, related to the existing conditions
including utility company record drawings, roadway plans, proposed improvements,
right-of-way maps, and flow data for the existing lift stations. Review available
utility plans, atlases, and maps of the area for location of existing utilities.
Coordinate the proposed facilities with existing utility alignments to avoid conflicting
routings to the extent possible.
B. Perform site investigation activities including a field survey of the project area to
verify water line, sanitary sewer, and other utilities locations and alignments are
consistent with those shown on utility record drawings. Document surface details
such as fences, sidewalks, walls, curbs, vegetation, sign poles, etc. to the extent that
they are visible and may be materially affected by the construction of the proposed
improvements. It is assumed that CITY personnel will obtain the dimensions and
data for the confined spaces (inside the wet well and dry well).
C. Show existing underground utilities on the Drawings based on available information
obtained from the CITY and as verified by the field review discussed above. Only
those utilities located within the work area that will materially affect construction of
the improvements (i.e., water or sewer mains, telephone conduits and cable, fiber
optic or electrical lines) will be shown.
D. Utility locations will be verified by CONSULTANT through our sub consultant F.R.
Aleman using soft-dig technology at a charge of $275 per spot location. For the
purposes of this proposal, it was assumed that there would be 15 spot locations to be
located.
5. Analyze the flows and recommend upgrade or replacement of the existing lift station.
2
TASK ORDER NO.2 - Lilt Stalion 101. 313, 202. 404, and 610 Replacements
6. For LS 404 coordinate with FPL regarding the availability of three phase power, inquire
with FPL as to the effort needed to bring three phase power to this location, review the
availability of casements and/or rights of way for the corridor (assumed to be
approximately 1000') and coordinate with FPL to extend their three phase service to the
site concurrently with the construction of the lift station (assumes that FPL will be able to
provide three phase service. that right of way is available, that the cost is acceptable. and
that FPL will produce all survey and design needed for the effort). The coordination
with FPL will be performed by the project electrical engineer. Smith Engineering
Consultants, Inc. will serve as the project electrical engineer as a sub-consultant to the
CONSULTANT.
Task 2 - Design
The CONSULT ANT will provide professional engineering services to the CITY for the analysis
and upgrade or replacement of the existing lift stations. The work will include preparation of
Drawings and Specifications to be used for bidding and construction.
The specific scope of services to be provided by CONSULTANT in this Task Order includes the
following LS 202,404 and 610:
1. Drawings will be provided to the CITY at the 60, 90 and 100 percent stages of design
completion. The 90 and 100 percent drawings will be provided in full-size format.
Drawings for permit review will be full size format.
2. The Drawings will show locations of new and existing water lines, existing sanitary
sewers, and storm water inlets, if any. Streets, driveways, and sidewalks will be outlined
on the Drawings. Plan drawings will be at a scale of 1 inch equals 20 feet on 24"x36"
sheets.
3. Upon completion of the 60 and 90 percent drawings, CONSULTANT will supply the
CITY two (2) sets of review documents. The CONSULTANT will attend a design-
review workshop with CITY personnel to receive and discuss review comments
regarding the 90 percent submittal. The CITY will provide CONSULTANT with a single
marked set of the documents containing the CITY's consolidated comments for use in
preparation of the next stage of design deliverable. For the 90% deliverable, draft
specifications wiII be provided.
4. The CONSULTANT will transmit the 90% submittal and signed permits to the
appropriate agencies on behalf of the CITY.
s. Upon completion of the 100% documents, CONSULT ANT will supply the CITY three
(3) sets of the final documents with appropriate copies of permit applications for
signature.
6. It is assumed that all of the improvements will be located within existing easements or
rights-of-way.
7. The location and elevation of established horizontal and vertical control (if any) will be
listed on appropriate plan sheets.
3
TASK ORDER NO. 2- Lift Station 101, 313, 202, 404, and 610 Replacements
8. CITY -developed standard details applicable to the work will be incorporated into the
Drawings. CONSULTANT will modify, as necessary, the CITY's standard details.
9. Specifications for the improvements are to be prepared by the CONSULTANT for
bidding purposes and the CITY will prepare the Contract Documents. These Contract
Documents are to reflect the following:
· Contract Documents will use the CITY's existing "Front-End" conditions
modified by the CITY as appropriate for this project. The CITY will provide
master technical specifications that will be modified by CONSULTANT as
appropriate for the project.
· The project will be prepared as one set of plans and bid documents and will be
constructed as a single project.
· The existing lift stations will be replaced or upgraded.
10. An opinion of probable construction cost will be prepared by CONSULTANT for the
90% and 100% drawings and specifications. The cost estimate format will be consistent
with the bid proposal tabulation sheet for the project. The cost opinion will be provided
to the CITY during the 90% design review and at the time the advertisement for bids is
published.
11. The project drawings are expected to consist of the following sheets:
Estimated Sheet Count
City of Boynton Beach
Sheet No. Description
1 Cover Sheet (Title & Vicinity Map)
2 General Notes, Legend, Abbreviations
3 Lift Station 101 Plan
4-8 Lift Station 313 Plans
9 Lift Station 202 Plan (1 "=20')
II Lift Station 404 Plan (1"=20')
12 Lift Station 404 Electrical Plan
13 Lift Station 610 Plan (1"=20')
14-16 Construction Details
12. The project electrical engineer will review the plans, details and specifications.
Task 3 - Permitting
The CONSULTANT will assist the CITY in obtaining Palm Beach County Health Department
(PBCHD) permits for the lift station replacements for LS 202,404 and 610 by completing the
permit application forms for CITY approval/signature and providing required drawings and
specifications necessary to obtain the permits. Permit application forms, including drawings and
specifications, for permitting through the PBCHD will be submitted to the CITY concurrent with
4
T ASK ORDER NO, 2 ~ Lift Station 101, 313, 202. 404, and 610 Replacements
delivery of the 90(1'0 design documents. PBeHD permit fees will be paid directly by the
CONSULTANT and will be reimbursed by the CITY. Two copies of the final permitting
packages (plus the number of agency required copies) will be submitted with the 90% plans for
submittal to the PBeHD by the CITY.
CONSULT ANT will prepare responses for up to two (2) "requests for additional information"
made by regulatory agencies following submittal of the permit applications. Responses required
by additional agency requests for additional information will be considered an Additional
Services item. CONSULT ANT shall incorporate permit agency comments into the 100 percent
plans set.
If any de-watering permits are necessary to conduct the work, their acquisition will be the
responsibility of the Contractor. CONSULTANT, through the CITY, will provide the Contractor
with necessary site figures and data to support the permitting effort.
Preparation of applications for other permits for the above agencies or for other regulatory
agencies beyond that specified above will be considered an Additional Services item. Such
~dditional permits not included in this scope of work may include, but not be limited to, wetland
dredge and fill permits, right-of-way construction permits, Asbestos Handling/Disposal
notification permits, Archeological/Historical preservation permits, endangered species permits,
and tree removal permits.
Task 4 - Bid Phase Services
Bid phase services to be performed by the CONSULT ANT will include the following for LS
101,313,202,404 and 610:
I, The CITY will prepare Contract Document packages (i.e., drawings and specification) for
CITY advertisement and bidding purposes.
2. The CONSULTANT will distribute copies of the Contract Documents to the prospective
bidders for a fee that the CONSULT ANT may charge to the Contractors. The
CONSULTANT will maintain a record of all Contractors who purchase Contract
Documents from the CONSULT ANT.
3. The CITY will maintain a record of prospective bidders to whom bidding documents
have been issued.
4, The CONSULTANT will respond to questions from prospective bidders and suppliers
and provide technical information to the CITY for addenda that will be issued by the
CITY as appropriate. Technical information for four questions from bidders resulting in
one addendum is assumed in the budget for Bid Phase Services. Services related to the
issuance of additional addenda would be treated as Additional Services.
5. Attend the pre-bid meeting that will be held at the CITY and organized and run by the
CITY.
5
TASK ORDER NO.2 - Lift Station 101, 313, 202, 404, and 610 Replacements
6. Consult with the CITY concerning proposed substitute materials and equipment,
determine their acceptability and make a recommendation to the CITY.
7. Attend the bid opening, review bid tabulation, and assist the CITY in evaluating bids or
proposals and in preparing and awarding contracts for construction, materials, equipment,
and services,
8. Assist the CITY in preparing Contract Documents for execution by the CITY's selected
Contractor by reviewing the Contract Documents and bonds prepared by the CITY for
execution with the Contractor.
9. CONSULTANT will issue a Conformed Set showing all changes and addenda to the
plans and specifications at the close of the Bidding period.
Task 5 - Services During Construction and Construction Phase Services
The Services During Construction and Construction Phase services (SDC) to be provided by the
CONSULTANT include the following for LS 101,313,202,404 and 610:
1. Review Shop Drawing and Product submittals for general conformance with the design
intent and provisions of the Contract Documents. Review of up to 20 shop drawings is
included in the budget for SDC phase services.
2. CONSULTANT shall attend and participate in a pre-construction conference with
selected Contractor and CITY staff. The CITY shall prepare and issue written minutes of
meeting.
3. Review Contractor's payment applications, determine the amounts owed to the
Contractor, and recommend payments to the Contractor in such amounts. It is assumed
that three pay applications per lift station will be submitted. Processing of additional pay
applications will be treated as Additional Services.
4. Periodically visit the site in order to observe the progress and quality of the various
aspects of the Contractors' work. Attend weekly meetings with the Contractor to review
the project, project status, questions, concerns, and anticipated activities for the upcoming
weeks. Additional site visits and meetings will be treated as Additional Services. It is
assumed that the construction duration will be 10 months with daily site visits of
approximately 3 hours each, including travel time, for 8 of those months.
5. During such visits and on the basis of such observations, provide recommendations to the
CITY, if appropriate, that the Contractor's work in progress be disapproved or rejected if
it is deemed in our professional opinion that such work will not produce a completed
project that conforms to the Contract Documents.
6. Issue necessary interpretations and clarifications of the Contract Documents by issuing
bulletins or responding to requests for information (RFI's) submitted by the Contractor.
It is assumed that 20 RFI's will be submitted. Processing of additional RFI's will be
treated as Additional Services.
6
TASK ORDER NO.2 - Lilt Station 101. 313, 202, 404. and 610 Replacements
7. Evaluate and determine the acceptability of substitute materials, methods or equipment
proposed by the Contractors. It is assumed that 2 substitute materials, methods and/or
equipment will be submitted. Processing of additional substitutes will be treated as
Additional Services.
8. Receive and review certificates of inspections, testing and approvals required by the
Contract Documents. It is assumed that the test results will be submitted in a single
package for each lift station and reviewed as one item.
9. Review Field Change Directives and Change Orders (FCD's) during the construction
period. For the purpose of this task order, it is assumed that up to 10 FCD' s will be
prepared during the construction period. Processing of additional FCD's will be treated
as Additional Services.
10. The project electrical engineer will coordinate with FPL if needed during the construction
effort, will attend the lift station start up, will produce a punch list of any items noted
deficient at the start up, and will attend the final inspection to observe the completion of
the punch list items.
Task 6 - Project Close-out Phase
The project close-out phase services to be provided by the CONSULT ANT include the following
for LS 101,313,202,404 and 610:
1. Review Record Drawings prepared and submitted by the Contractor showing those
significant changes made during the construction process. Review test results (density,
pressure, pump start-up, etc.) prepared and submitted by the Contractor showing
conformance with the Contract Documents. Receive and review maintenance and
operating instructions, schedules, guarantees, bonds, certificates of inspection, tests, and
approvals assembled by the Contractors in accordance with the Contract Documents.
Assist CITY and Contractors in training the CITY's staff to operate and maintain the
project. Assist the CITY in developing systems and procedures for control of the
operation and maintenance of the project.
2. In conjunction with CITY staff, make preliminary and final inspections and assist in the
preparation of a Contractor "punch list" to achieve Substantial Completion. Review
completion of identified punch list items to assist in the determination that Substantial
Completion has been achieved by the Contractor. Advise the CITY when Final
Acceptance of the project has been reached in accordance with the Contract Documents.
Complete an Engineer's Substantial Completion form as supplied by the City.
3. Provide certifications to the PBCPHD when work was completed in substantial
conformance with the Contract Documents. Review to include verification that the
system was properly tested to allow a "request for release of facilities to be placed into
service" to be filed with the PBCPHD. Assist the CITY in obtaining the appropriate
PBCPHD releases for completed facilities.
7
TASK ORDER NO.2 - Lift Station 101, 313, 202, 404, and 610 Replacements
c. Assumptions
In addition to the work items discussed above, the following assumptions were made in
establishing the scope of this Amendment and associated fee. Changes and/or modifications in
the above work items or these assumptions are considered an Additional Services Item under the
terms of the contract. Assumptions include:
1. The CITY will provide copies of any records in their possession regarding existing
facilities in the vicinity (atlases, plans, record drawings, easements, etc.) and historical
flow data for the existing lift stations including water meter data if deemed appropriate
(number of meters, flow history for meters, etc.).
2. The CITY will obtain the interior dimensions of the wet and dry wells and other
necessary data for LS 202, 404 and 610. Erdman Anthony staff will not enter these
confined spaces.
3. The CITY will provide CONSULTANT an electronic version of "front end" Contract
Documents in MICROSOFT WORD format.
4. Survey and acquisition of any easements (construction or permanent) for the
improvements will be the responsibility of the CITY.
5. For the purposes of this proposal, it is assumed that the lift stations will be bid, let and
constructed simultaneously as a single project. Should they be separated, additional
charges would apply.
6. Deviations from the Final Design Drawings will be compiled by the Contractor and
electronically incorporated onto the drawing files. Two sets of signed and sealed
RECORD drawings will then be submitted by the Contractor to the CITY. One set of
RECORD drawings will then be provided to CONSULTANT for submittal to PBCPHD.
7. Attendance at public meetings or hearings associated with public involvement or with
permits applied for in support of the project is not included in the budget.
8. Construction observation hours are based on attending only the specific efforts listed with
each effort anticipated at 3 hours including travel time, unless otherwise noted. Since the
construction duration is outside our control and since the level of observation required
could vary significantly depending on the contractor's performance on this particular
project, this effort is proposed to be billed hourly.
9. The CONTRACTOR is responsible for all permitting fees, including costs of public
notification in local newspapers.
10. The CITY will provide CONSULTANT an electronic version of CITY standard water
main and street details in AUTOCAD format.
11. This Task does not include survey work during the construction phase, such as
construction stake-out, as-built, etc.
8
TASK ORDER NO.2 - Lift Station 101,313.202,404, and 610 Replacements
12. No pre-purchase of materials and/or equipment is presumed.
13. It is assumed that the proposed lift stations will include concrete wet wells, with dual
submersible pumps and valve pits based on the CITY's standard detail sheets including
the electrical diagrams and control panels.
14. A single bidding effort is assumed. Re-bidding of the project for any reason is
considered an Additional Services item.
IS. Costs for SDC phase geotechnical testing to verify Contractor's compliance with
Contract Documents are not included in the design fee estimate.
16. The CONSULTANT must use due care and meet a reasonable standard of skill and
competence in observing the work and endeavoring to determine if the work is in
accordance with the Contract Documents. The CONSULT ANT shall not be held
accountable for observing every act of the Contractor and cannot guarantee performance
of the Contractor.
17. The CONSULTANT shall not supervise or direct the work, nor instruct the Contractor on
how to perform. The CONSULTANT is not responsible for the Contractor's means and
methods or job site safety.
18. The design is to be based on the local codes and standards in effect at the beginning of
the project. Revisions required for compliance with any subsequent changes to those
regulations is considered an Additional Services item,
D. Contract Reference
This Task Order shall be performed under the terms and conditions described within the
Agreement for General Engineering Consulting Services dated November 18, 2003 between the
City of Boynton Beach and Crossroads Engineering & Surveying (Resolution 03-182), assigned
to Erdman Anthony of Florida, Inc. on June 15,2004 (Resolution R04-089) and extended by the
City Commission on February 21, 2006 (Resolution R06-050).
E. Additional Services
The following are examples of some specific Additional Services Items that may be required, but
are not included within this Task Order. Generally, a condition contrary to the work description
in Section B or assumptions of Section C (upon which the design fee is based) is considered an
Additional Services item. Examples include:
1. Additional supervision or construction observation in excess of that specified in this
Amendment.
2. Additional permitting assistance in excess of that identified in this Amendment.
9
TASK ORDER NO.2 - Lift Station 101,313,202,404, and 610 Replacements
3. Construction phase services are based on the estimated construction period from the time
or the Contractor mobilization to final inspection. If the period of construction is
extended, additional time and expenses will be necessary.
4. Assisting the CITY in the settlement of construction contract claims.
5. Additional regulatory agency responses beyond the second response to an agency request
for additional information.
6. Development of property descriptions of easements, road right-of-ways, etc. Preparation
of right-of-way or easement boundary surveys.
7. Threatened or endangered species and species of special concern pennitting or relocation
work.
8. ArcheologicallHistorical preservation pennits, studies, or reports.
9. Surveying, flagging, or other work necessary to secure tree removal permits from the
City, County, or other jurisdictions.
10. Design modifications to the Construction Contract Documents (i.e., change orders)
required during construction.
These and other services can be provided, if desired by the CITY, under separate Task Order(s)
or by an amendment to this Task Order. Services perfonned will be on an as-directed basis in
accordance with a written Notice to Proceed from the CITY.
F. Obligations of the CITY
1. The CITY shall provide the CONSULTANT in a timely manner, record data and
infonnation related to the sewer system, water distribution system and streets within the
project as necessary for all the performance of services specified herein.
2. The CITY shall review all drawings and other documents presented by CONSULTANT
and obtain advice of an attorney, insurance counselor, and others as CITY deems
appropriate for such review and render decisions pertaining thereto within reasonable
time so as not to delay the services of CONSULTANT.
3. With assistance by CONSULTANT, as described herein, the CITY, as applicant shall
obtain approvals and permits from all governmental authorities having jurisdiction over
the project. The CITY is responsible for the payment of all permit application fees.
G. Compensation
In accordance with the above mentioned Agreement, compensation by the CITY to the
CONSULTANT for Task I-Analysis, and Task 2-Design will be on a lump sum basis and
compensation for Task 3-Pennitting, Task 4- Bidding, Task 5-Construction, and Task 6-Project
Closeout will be on a time and materials basis for the amount of work actually required by the
10
TASK ORDER NO.2 - Lift Station 101, 313, 202, 404, and 610 Replacements
project. The estimated time and compensation for the services described in this Task Order is as
shown in Exhibits A and 13 attached.
H. Schedule
The CONSULT ANT will commence design and permlttmg services upon receipt of written
authorization and will complete all work associated with this Task Order in accordance with the
attached schedule shown on Exhibit C.
K:\Business.Development\proposals\City of Boynton Beach\2 Year gen.consult.contract\LS 202 404 610 ProposaLdoc
11
0
CD 0 M 0 (')
-0 0 (') 0 0 r CO N
N 0 l!) l!) cO N
c: ~ ...: ...: ' ,...
'" N N Ol N
" ~ N (') CO N l!"J.
l!) ", l!) "";
0 " u:S ..j '" C;
" Ol " " ,... ;,;
N <fl .,. .,. .,. N N
... .,.
0
N
'"
;;;
C; .<:
0
U) lO
Q)
c: II)
,2 CD
<ii c: 0
0 >.
U5 E lO
>-::2'
::J o .
II) l!)
Qi
E
lO
Z C
U .Q
'!!!. <ii Qi
e 0 <ii
0
n. -' 0
o
o
l!)
0,
-0
iO
"
N
,....
Ol
<h
l!) >
f';- J
c
I
;;
""
<)
0;
!
~
~
~
~
!
..
~
I
~
~
o
~
~
N
W
~
~
s
~
.....J
<(
(/)
o
a..
o
a::
a..
w
Q
a::
a..
m
t:
m
I
X
W
II:
W
o
II:
o
:.::
U) II:
~~U)e
o '~ 8 >
"~ Q) "~ III
Vi Q) U) Q) :i:
o U)c:U)1-
U liiOO>IL
~ "~1ii"!'= 0
C'U EgOi....
~ g.J~~
(5 B'rnO
f(/)~5Jj~
o~a;co~~
~~25U~
o~o.E.Q)O
I-WOOWI-
-0
Q)
-0
"0
>
Q)
.0
.Q
Q;
"E
o
~
~
C;
U)
-' (/)
c: Q)
o 0>
0>0;
c: .<:
C' 0
<ii ~
~ ~
cO
:::J E
o :::J
E 0
lO E
(/) lO
~ Q)
-' Z
~
;0
" l!)
-0(')
> ('I') x
~~~
o 0 M
~U:C\I
co.cf:D
~ ~ ~
n. II) I";-
lO E CD
i)' co l!)
II: n. Qi .
N (ij c
~ ~ 2 ~
a: a. ::,;
z>-
<cZ
~O
oiE
IY:Z
w<(
~~
02.
~i
IIlz
~~
t; 0 0 0 0 0 (') 0 C')
0 0 C> 0 0 C> 0 0
0 0 0 ro 0 l!) 0 ..,:
U l!) CD N CD 0 ;0 l!) (')
m .,. Ol <fl <fl <fl (') ,.... l!)
.,. " .,. <6
(; .,. .,.
I-
- a a a 0 0 a
'c ~ "? N C> C> Ol
:J 0 <fl 0 l!) l!) "
~ .,. .,. .,. <fl 0
.,.
t;
0
u
2 a a a N ,.... (/) 0
0 " " (') .!!! l!)
"c l!) CD CD ~ Ol
::> co
m Iii
(5
(; l-
I-
Qi .!!' N N N .!!' Cl. 0
(') (') (') ~ l!)
(/) c: c:
~ ~
(/)
(1) .!!!
Qi ~
Q)
.c
(/)
(1) ~ a 0 ~ .!!' (/) Ol
Qi N N c: Cl. ....
~ ~
(/)
15 "0
0 ci
z
Z
Q)
Q)
LL
c:
0
~
;.. '" f-. '" "~
Q) li
N x ~ :x (') .!!'
>< Cl.
(f.j In " ,... ;. c: <(
cO N ~ N 1"
Q;
n.
E
Q)
~ E
t
'"
""= Cl.
Qi Q)
-0 0
<ii -E
0 <ii
.Q Q)
(; I
~ g >-
E
Q) "1" "Ci :::J
0 Cl. 0
c: .0 :c ()
(1) .. '" :::J .<::
m -0 U) U)
Q) c: 0
(1) "E 0 ~~ '"
C Cl. ~ Q)
E (/) II)
~ ~ (/) U) ~ c:
.n c: c: '" ~ '" E Iii
X ::l (; lO '" ~ ~ .!!! Iii (5
W (/) () a: a: ::2'0 ~ n. I-
t; 0 gig 0
a 0
0 l!) ..0 0 0
U N N 0 l!)
0 0 ,...
". <il~ N
'" <fl
U)
c: c:
0 0
~ .~
i'1 0
0
(/) -' Q;
ll~ Q)
c:
c Iii 5 "g
0 0 Q) w
'5 "C' 0
.<:: '" Iii
"fi u 't: .g
Q) :::J
(1) (5 U) U Iii
.0
Q) Q) :::J Q) (5
0 Cl U) W I-
U)
c
~
:;
U)
C
o
u
.n
::l
(/)
;==
OJ
o
>
"
c i"
:;; u
OJ >-
[L Q)
c
C') ::J
(f)
<l
Q)
OlL~~
c U '"
W~~~
(;
o g
E OJ
Q) Vi
(/) ~
o
<<>
"
"
OJ
"
o
"
N
o
N
'"
;;,
(;
'0 fu
n: ~
(/)
<l
~ ~ g
0: c u 0
n: .~ ~ ~
'- LL :;;.
W 0 V7
o
'"
"
.Q f..D
m ~
iJj '"
-" ~
J J-,
ti 0
Q) t5
'0 ~
n: 0
Qj
E
'"
z
c
g iD',. ~
CD ~ ~ fO
D-~O~
'"
t5
Q)
5"
n:
iD
a:
~ ~ LJ
~WJ-~
o
Q;
(; c
"c. en
Q) "Ui
(/)~
(;
'0 iD
n: ~
(/)
a.
Iii Q) '-
'5~~~
a: "m Q) 2:
~~o;
(;
U <5
Q) t5
'0 ~
n: 0
w
I-
<(
:2:
i=
en
w
a:
::J
o
I
U.
lL
<(
I-
en
<(
I::::
III
I
X
W
n; '"
<5 :;
I- j?
(/) 'c
S ::>
o CD
I a.
'"
o Q)
o Q)
Z fj,
'0 .:1
ci C
z ::>
'0 ~
~ E
ro t3
mw
~
Z >-z
<( -
~C
of;!:
cr:Z
w<(
E
i']
t,-J
8g~~g~go~.8
i~~.~!~~~f6~
c\J COtDO_""'-oo
_:1 t., N '<j "7
in fj; UJ 'fl ~- (')
tf) V}
o
o
ci
o
o
;;,
000000
000 0 ~ 0
ocicioNO
~wV}~.c;)U)
~ wffl
o
o
'"
<Xl
'"
o 000 0
o 000 0
000 6 cO
WtAWWO
.,.
'"
o
o
o
o
;;,
00000
00000
00060
wU}co-.;tb9
"-
~~
00000
ooqoo
cici{O~ci
wfflr--COtfl
"<'"
~V:t
o
o
ci
"
;;;
000
000
ci ci to
" '" '"
co '"
'" '"
~~#~~~#
LO"1"OlONoO
(;
i:iS!' -;? of!. 0": rf!. 052
oooo2o~
###-:!!.rf..##
oooo~oo
~~~grf..5b
o 1.0 m ...,. 0 O'l en
-:f!. (f.. rf rf!. eft- ;!!. 'if-
0000000
U') T""" ..- ..,...... ..- ..- ..-
o
o
o
o
o
cD
'F;
~g
o N
"
"'-
~ ~I~
",s;lo
.,.
V>
~ ~a
<D ~ 0
'"
'"
g Iq ~
.,. co CO
en "'-
.,;
'" ;;;
000
000
...;j w ci
o '" .,.
"''''co
'" V7 '"
cD
~o~~~g~~
"1"OCO~CO~~
0000000
("') (") {") 0') C"') 0') ..--
<((f)(f)rJ)<(U)(/)
W-.J-..J...-JUJ-..J...-J
(f)
-'
.2
'"
c
o
'"
U
c c
~ 8 0
c c 76
.~~:g.fij.g
~ lD ~ ~.~
c: ";; UJ III 8
~~cn;>-~
"~J:;:E~
Q)Q5.oU;:P;:J
mU:OW:::>(I)
rrr=N(f"j..;j
Q)
~
Q)
'"
'"
-"
a.
'"
.2
(;
"
"g
o
o
-'
[L
.~ ~
~.~ ~
c Q) .9
<{a:D
u)<o&J
ggggj8
~ ~.- ~ '0 (0
f"- N IT!. ""1 '1
0) (\J ..- lO
"D 'A VJ U
if"
o
o
o
o
o
<D
V)
IF;
;;,
~g ~
'" 0
'" '"
Vt N
Vt
000
000
60 N
<D '"
"'
000
000
o ci cO
.,. '" 0
o "
N '"
Vt
io
00
w .,.
o <D
'" "--
N
'"
000;0
00000
aoacia
o Y;t ro o:::t
v v ("') N
N (J} M
'" '"
~~~;.~
<<;t t/} N m 1O
cD '" '"
N (J) M
Vt '"
;~
o cD
'"
N
'"
.,.
~~~~o~
('I.J -.;t N 1O
~ "! N 'r"" t--
yt~(J) ~
0' :R
go
eft ~
o 0
'" '"
"a. ff! e:fi cP-
r;; 0 ?is g
#. rt #- {f-
a a 0 0
cJ2 "if!- #. cF-
gogg
(f rf #. 0"
2 ~ ~ ~
g~~~~
as.q~~
~ 0 0 0
......- 7 ....-- r-
(/)<1:.(/)u)
--J W ......J-.J
"
g
m
n; '"
"- OJ
'" c
a= ~
~ E
~ ~
" ;;
c: i"
~ ~ c
C>> ~ Q)
"0 a .~
'" '" u
~ ~ -g
fD Q) ~
:3 n. <{
-"
D.- ~
'" '"
c Q)
Q ro
m E
o t5
~ Q)
Q) u;
a. 0
'" 0
Q) Q)
(ij m_
c.c.<tl
rtrt~
J
NC".i.q:W
OJ 0
c' 0
"1.-t
~-.t "1
1'_ f'-
en Cl
v. 'D
~o
o 0
6 0
;jJ
~o
o 0
o 6
'"
OJ
C
Vi
'"
Q)
o
o
Ci
"
c
"'
'"
c:
o
~
g' .~
t:~
.E' <tl
CD 0
[L I
c?~~
Q) m 0
~0-15
-" J
D.-~(/)
CJ 0 0 0
0(""")0
o C'J g
~D ~ ~i
'F;
00
o 0
o 0
'" ~
OJ ~
;h;;n
000 0
~ 0 q q
o 0 t() f"-
(\J r- c.o 0
co r- c.o ill
V) ~
if, ;;, 'J)
o 0 0 0
o ~ 0 q
orooo
V)O{l)~
N
Vt
~~~~~~~
(1) ("") <D ("') 0') ,......
~y;~~'-'"l
V>
00000000
o~oooooq
ONt.Oo6c:ioo
wt'--("')(J}{f3{flff3Y3
OJ ~
'" U)
~~
.,.
'"
~o
o 0
o 0
N
'"
.,. ..;
'"
000000
000000
oooocici
ff}CO00t/70
(J}~~ ~
V>
o 0
00
o ci
Of> 0
N
'"
~- ~
00
o <0
'"
N
'"
~o
00
N N
'" '"
"- "
.,. ""
'"
00000
00000
ocriocici
b9CONNfJ':}
(J}~~
Of>
~~~~6~
N W N (f) OJ
N N ("') ("')
(J} ff} N
'"
~o
o 0
.N
" "
cD cD
'"
00000
o~ooo
oNu:icici
W ..-- l{) (X) .q
wY7~~
;;;
o 0
00
ci ci
cD cD
'" '"
'" '"
~~,,~
<DCON
'" .,;
V7
0'
o
~ ~ ~ b
ff 'if!. rf!. cf- rf?-
o l!) 0 L{) l1)
If>NlONN
0'
o
~ '0"2 cf'. #. cf cf!- #- o-~ 0'
LD;;;~oooooo
0'
o
# # rt rf?- #. # ~ # rt
000000000
;fi
o
(J)
~~~g;~~#~~
..q-.......lOlf)ONONN
cF
o
;.f>-rf!.(J'!.~cFcF~rf.rf
000000000
....... ~ ....... If) ~ 1O 1O ~ 1O
~~
o co '<j' ~ ~ co co 00 ~I ';b
cD
c:oco'<j''':t~..q-cooo~
o
00000000<;:'
'"
o ~ ~ ~ ~ N ~ ~ .......
(f)
-'
<( <{ <( <{ <{ <{ <( <{ <{
wwwwwwwww
'"
CD
"
'" "
Oi 1)
" >-
" D
ii -0
E m
g CJ) g
'" c ~
a ~ ~
~ ~ ~
5-:g~
o ~ .0
- '" :;)
" ~ '"
8. i.~
'" Q) >
'" '" Q)
a: <{a:
c
.2
~ ~
ro Q)
iD E
~ 6 ~
g>.g~
.~ ~ E
g-~~
" 0 0
:0 ~ ~
~.~ ~ (ij
i:: It) UJ (5
<(a:~.E
J
(/)
'"
c
Q)
~ '"
u (/) CD
o W "'0
"""
0-0:3
ro..oo
~ -E B
~ 8 ~ ~
ro~.o-iti
~ ~ ~ c
Q) Q) UJ -Cij
~a:O:2
fi:..-N("j-.:illiu:i~oooi
l\l 0 0 0 0 0 0 0 0 10 0 0 !O 0 0 0
0 0 0 0 0 0 0 0 0 o 0 0 0 o 0 0 <Xl N
0 0 0 0 0 0 " '" 6 05 0 ci ci 0 N <Xi M
f- ('J N N " " N " 0 N ('J " '" ('J N N OJ N
<Xl <Xl "! <0 " "! q M N .... " " OJ N '"
~ '" '" N ci '" ;;; ;;; '" oj ci u5 .... ><i ><i M 00
'" '" <0 ;;; '" OJ ;;; '" N OJ
'" '" '" '" ~ ;;;
" 0
C 11>
a 0 0
"' 0
CD >- 0
"- 11> 0
('J ? ;;;
::J
(J)
"- a 0 0 0 0 0 0 0 ~o 0 0 !~ 0
11> 0 0 0 0 0 0 0 q o 0 0 0 0
.r a: 0 ci ci 0 0 ci 0 0 <0 '", 0 ci u5
0, " 0 '" <0 0 0 0 0 <0 N OJ 0 '" <Xl
C u '" m. N "< <0 <0 "< N M <Xl <0 m. <0
w 11> a; <0 '" '" N '" '" ~ ><i N ~ <0 u5
l- LL ;;; ;;; ;;; ;;;
'" ;;; '" N '" '" M
" '" '"
0 0 0 0 0 0 0 0 ~~ 0 0 ~o 0
lD 0 0 0 0 0 0 0 0 0 0 o 0 0
(; 0 0 ci 0 ci 0 0 ci ci 00 ci ci ci ci 0
c 0 '" '" '" '" '" '" '" '" '" '" '" '" ....
'c 0> '" '"
<D 0; <Xl M
lfJ OJ '" '"
0
0 0 0 0 '" 0 0 0 0 II 0 0 !~ 0
m (; 0 0 0 0 0 0 0 0 q 0 0 0
0 ci ci ci 0 ci ci 0 ci ci ci
(; >- 0 0 '" 0 0 0 0 N 0 0 '" <0
" 11> 0
C " '" N N '" M " N "'" ...
'" n: ? 0 N oi M '" '" M '" u5
... ::J '" '" ;;; ;;; '" ;;; '" '" '"
0 (J) '" '"
...
N "- a 0 0 0 0 0 0 0 !~ 0 0 I~ 0
0 (;; 11> 0 0 0 0 0 a 0 a a 0 a a
N 11> a: 0 0 ci 0 ci ci 0 N ci ON ci ci u5
M (; c " 0 ... '" <0 N N <0 '" ~ <0'" N '" ... <0 0
<0 ..... ': '" ..... M .... M '"
;;; n: 0, a; N M '" '" ~ M '" <0 N
c u: ;;; '" ;;; N '" ;;; M '" '" <0
W
(; (; '" '" '"
~ 0 a 0 a 0 0 a a ;~ 0 a ;~ a
"' 0 a 0 0 a a a 0 a 0 a
c: <0 1:3 Ci a 0 ci ci ci ci ci N ci ci ci ci
2 a <D ti 0 ... <0 <0 N N <0 ... N 0 a
iii ~ '0 ~ ci <Xl '" '" .... ~. '" ;;; ;;; ~. N
in n: ... '" '" '" u5 '" ><i ci
0 ;;; ;;; ;;; <0
::;; '" ;;; '" '" M
"" '"
.J J,
c >- " "'
a
"' Q) :'! ~
(;; ?
iU "- ::J O~
('J (J)
E
'" ii>
Z a:
ti rn-fi " <f. <f. ;f ;f ;f ;f ;f ;f ;f ;f ;f ;f
11> iU c 11> a; 0 0 a 0 a a a 0 a 0 a 0
'0 iii W f- LL '" '" '" '" '" '" '" '" '" '" '" '"
n: 0 (;
(; lD
c ;f 0"- ;f 0"- 0"- ;f 0"- 0"- ;f 0"- 0"- 0"-
c 0>
Q) '0; 0 0 0 0 0 a a a 0 0 a 0
lfJ 11>
0
Ci
(; >- 0"- ;f 0"- 0"- 0"- ;f 0"- 0"- 0"- 0"- 0"- 0"-
Q)
n: ? 0 0 0 a a 0 0 a 0 a a 0
::J
(J)
"-
Ii; 11> ~
ci Q) ~ ~ 0"- 0"- ;f 0"- 0"- 0"- 0"- 0"- 0"- 0"- 0"- 0"-
c
n: '0, Q; ? 0 0 a 0 a 0 a 0 a 0
... 0 ... ... ... ... ... ... ... ... a ...
c Ii ::J
W (; lfJ
- "
u <f. 0"- <f. 0"- <f. 0"- 0"- -,R 0"- 0"- 0"- 0"-
11> ti 0
'0 .~ 0 0 0 a a 0 0 a a a a 0
n: - '" - ~ - ~ ~ ~ ~ ~ '" ~
0
W <ii "'
I- '5 0 0 a 0 0 a ~f~ gj8 to
<( 0 <Xl <Xl to 0 a OJ
I- a <0 ... ... <Xl ... ~ <Xl <0 N :?
:2 I
i=
U) f'! c
W ::> '"
::J ('J to ... M N ... N ... <0 <0 N
a: a Ii; ci ~ -
::J I a.
0 U)
:r: (; Q;
Ii. a 11> 0 0 0 0 0 a a 0 a 0 a 0 N
Z .c M
lL lfJ
<(
I- (;
U) J'! 0 0
ci C 0 - 0 <0 <0 a N '" 0 '" a '"
z ::> N ~ ~ ~ N ~ ~
<(
t:: 0 Q)
m iii
:r: U) .~ <<: <<: <<: <<: <<: <<: <<: <<: <<: (J) <<: <<:
'0; W W W W W W W W W -J W W "
X '" U; OJ
W m w "
'0
>
U) U) 11>
C <ii .0
Q ::J 9
c c
c iii '" 0 ti
" E :g
Q c ~
iii Q) " ui 11> C
E 11> U; a.
? U) U) U) 0
Q) E 0 2 .S c u
U) 0 '" Q (;
0> '" .0 u 0 :; ui <ii iii
'" c c 0 :'! n. U) 0> & u -
0> OJ .2 c " '" Ii; 0 c: -= (J)
~ c Q) iii 0 c: c " Q) .~ " t -J
C .~ E .!,1 'g '" .2 !!1 Ci '" '" c: Q) 0>
Q '" .'" :; a -0 '" u
x c. 2 '" - ~ c
ti -0 Ci a. t: lL '" Q) 0 " <ii 'c
2 '" ~ a II: 0; ~ 0> c 'E
'" " c: ti Ci 'n;
Z >- E U; a .;, >. 0 ~.9 .g 0; '" Q) 0 "f iP E
Z ~ c: .c '" 0 .c ~ a.
-< 0 0 ., n. a. 0 " '" 2 0 "e ~ a. '" ~
~ ~ () " " OJ c: " " " "- "
:r: " ~ 'S; 0 " '" 0
0 c J, Q) c: .. 0.2 '" .. ~ tb .. c Q) ~ <ii
I- 0 Q) 'S; ~ S CD 2 '" > 'S; S .. 'S; ~ 8 c 0
O! Z 0> '" Q) Q) ill Q) Q) .. .. 0 ., .. n: 0 ::J I-
W < 11> '" II: <<: II: "- II: II: II: II: :E '" II: <( :E ~ 0
iii .c ::J .c ::J E Qj
0 "- ..: N M "" '" cO ,..: cO ci lfJ "- - N M en I- <<: Z
Lift Stations 101,313,202,404 and 610
Boynton Beach
ERDMAN =-
ANTHONY iil.~
EXHIBIT C
PROJECT WORK SCHEDULE
Cummulative
Task Duration from
Description Duration Start Date
Phase 1 -Analysis
Notice to Proceed 0 o weeks
Research and site visit 2 2 weeks
Analyze Flows 2 4 weeks
Phase 2-Design and Plans Preparation
60% plans and permits 3 7 weeks
City review 2 9 weeks
90% plans and permits 3 12 weeks
City review 2 14 weeks
specs and cost estimates 3 15 weeks
100% plans, specs and costs 2 16 weeks
Phase 3-Permitting
Submit to PBCPHD 1 13 weeks
Receive RFI 2 15 weeks
Respond to RFI 2 17 weeks
Receive permit 2 19 weeks
Phase 4-Bidding
Prepare bid packages 2 18 weeks
Issue bid packages 1 20 weeks
Bid opening 6 26 weeks
Award contract 8 34 weeks
Phase 5-Construction
Receive and review shop drawings 4 38 weeks
Pre work meeting 2 40 weeks
Construction 37 77 weeks
Phase 6-project Close Out
Review record drawings, tests 2 79 weeks
Submit certifications 1 80 weeks
Pre-final inspection 1 80 weeks
Final inspection 2 82 weeks
Apny~ "ED BY:
CITY OF BOYNTON BEACH, FLORIDA
By:
Kurt Bressner
City Manager
Dated this
day of
,2006
SUBMITTED BY:
ERDMAN ANTHONY OF FLORIDA INC.
d/b/a CROSSROADS ENGINEERING & SURVEYING
By:
Approved as to Form:
Attest! Authenticated:
Office of the City Attorney
Secretary
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOfuu
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' 5 Oflice Meeting Dates in to City Clerk's Offiee
D April 4,2006 March 20, 2006 (Noon.) D June 6, 2006 May 15,2006 (Noon)
D 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) r8J July 18, 2006 July 3, 2006 (Noon)
D Administrative D Development Plans
NA TURE OF r8J 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
Amended July I, 2006
RECOMMENDA nON:
Motion to approve by resolution Task Order U06-001 with DcR Engineering Services, Inc through a piggyback ofRFP 02-29
between St Johns County and DcR Engineering Services, Inc, as amended on January 25th, 2006. This Task Order is for
engineering services to plan for the integration of the Utilities control systems at a cost of$24,892.
EXPLANA TlON:
The Utilities Department currently employs three separate Supervisory Control and Data Acquisition (SCADA) systems
between the two water plants and the remote telemetry system for the lift stations and wellfields. The systems in the water
plants are an old version of a SCADA product called Intellution. This product has been replaced and we need to determine
how to migrate to a new system that will have ongoing support. The plants also use a PLC that is no longer produced by
Siemens, the manufacturer, and will shortly no longer be supported by them either. The telemetry system employs a different
SCADA package which is not linked to the plants. There is a problem with the telemetry and control system currently in use
and the department has already researched an alternative which can be progressively phased in. The department wishes to
integrate the various control systems into a single SCADA package that has proper technical support, and has an integral
Process Data Historian.
PROGRAM IMPACT:
A new SCADA system with integral Data Historian will have beneficial impact on our operations in several ways. Firstly it
will be much easier and cheaper to have to support only one system. System reliability will be increased. particularly during
weather emergencies and finally the data historian will enable detailed analysis of operating parameters that will lead to
operating efficiencies.
FISCAL IMPACT:
The cost estimate for DCR Engineering Services is estimated at $24,892 and the funds are available in account # 403-5000-
590-96.02 WTR 132
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1\1"Y 0,<:-
,- -- ._. -
.-:: = -
, .. n.____
< -- - -----.,-
(-'- .~---
'-- _._---~._--
.'.- --------
~2~. aX
o;5~~~ .v
.IV.,..- d~
'ON v
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNA TlVES:
Ifwe do not upgrade e .sting systems we will be left with equipment which is not supported by vendors and at severe risk
when we experience failu e.
U~
Department Head's Signature
~')
~. ./
- ,-----.. ,~.
~
Department Name
City Attorney I Finance / Human Resources
XC: Pete Mazzella (with attachements)
Barbara Conboy
Carisse Lejeune
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.OOC
1 RESOLUTION NO. R06-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING AND AUTHORIZING
5 THE CITY MANAGER TO EXECUTE THE TASK
6 ORDER NO. U06-001 IN THE AMOUNT OF $24,892.00
7 WITH DCR ENGINEERING SERVICES, INC.;
8 THROUGH A PIGGYBACK OF RFP 02-29 BETWEEN
9 ST JOHNS COUNTY AND DCR ENGINEERING
10 SERVICES, INC., AS AMENDED ON JANUARY 25,
11 2006 FOR ENGINEERING SERVICES TO PLAN FOR
12 THE INTEGRATION OF THE UTILITIES CONTROL
13 SYSTEM; AND PROVIDING AN EFFECTIVE DATE.
14
15
16 WHEREAS, the Utilities Department currently employs three separate Supervisory
17 Control and Data Acquisition (SCADA) systems between the two water plants and the
18 remote telemetry system for the lift stations and wellfields; and
19 WHEREAS, a new SCADA system with integral Data Historian will have beneficial
20 impact on the City's operations by making it easier and cheaper to have to support only one
21 system. System reliabil~ty will be increased, particularly during weather emergencies and
22 the data historian will enable detailed analysis of operating parameters that wilI lead to
23 operating efficiencies; and
24 WHEREAS, the City Commission of the City of B~ynton Beach upon
25 recommendation of staff, deems it to be in the best interest of the citizens of t4.e City of
26 Boynton Beach to authorize execution of Task Order U06-001 in the amount of $24, 892.00
27 with DCR Engineering Services, Inc.,.
28 NOW, THEREFORE, BE IT RESOL YED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S:ICAIRESOlAgreements\Task - Change OrdersIDCR Engineering Services-TaskOrderU06-001.doc
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
2 being true and correct and are hereby made a specific part of this Resolution upon adoption
3 hereof.
4
Section 2.
The City Commission of the City of Boynton Beach, Florida does
5 hereby authorize and direct the approval and execution by the City Manager of Task Order
6 U06-001 in the amount of $24,892.00 with DCR Engineering Services, Inc., for engineering
7 services to plan for the integration of the Utilities control systems at a cost of $24,892.00, a
8 copy of which is attached hereto as Exhibit "A".
9
Section 3.
This Resolution shall become effective immediately upon passage.
10
PASSED AND ADOPTED this ~ day of July, 2006.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 ATTEST:
29
30
31 City Clerk
32
33 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
Commissioner - Muir C. Ferguson
S:ICAIRESOlAgreementslTask - Change OrderslDCR Engineering Services-TaskOrderU06-001.doc
Task Order No. U06-001
Process Control System - Utilities Department
Background
The City of Boynton Beach has three separate control systems of varying vintage..There
are two Water Treatment Plants which each have a separate SCADA system employing
10 Siemens Series V PLC's and Intellution Fix 32 SCADA systems. The plants share the
business Ethernet network but are in separate domains. It is not possible to see one plant
from the other. Communication between the plants employs a T1 connector that is
susceptible to outages during heavy rainfall. A second fiber optic line is being installed
but this is above ground and at risk during high winds.
The telemetry system currently employs Dataflow's RTU & NTU technology but the
original proprietary Hypertac SCADA system was replaced by VT SCADA
approximately 4 years ago. There is currently a review underway to replace the existing
telemetry hardware, because of various recurrent failures, with one of two possible
alternatives. This new standard will be progressively installed on existing stations and all
new facilities. Unless specifically precluded by the results of this investigation the new
telemetry system will also be connected to VT SCADA. There are currently around 200
remote sites connected via telemetry including all lifts stations, stormwater pumping
stations, water storage facilities and most wells. There is no storage or trending of
telemetry data.
There are no network architecture drawings available and no hardware, programming,
graphics or tag naming standards. Control programming has been done on a limited basis
internally but mainly through a number of external companies. There are limited records
of control programs and no rigid system of managing or recording changes. There is no
Process Data Historian but limited trending of some control variables.
There is a SQL server on the East Plant network installed for use with DATA STREAM
v6.l. This first attempt at introducing a CMMS used this software to enter information on
the fire hydrants and to set up a planned maintenance system using this' data. It was
abandoned after it was found to be too labor intensive and inflexible to meet current
needs. There is an urgent need to provide software support for the Utilities new
maintenance efforts. One of the key aspects has to be that there is minimal need for a
large support team for whichever CMMS package is chosen.
Page 1 of6
Project Goals
The following are the anticipated goals of this project:-
. Engineering and specifications standards.
. A system that will provide for compatibility between business units, divisions and
operations and be readily integrated into any future Asset Management System.
. The ability to provide accurate reporting based on a centralized database.
. Repeatable processes producing a quality product with consideration of
production environment variations.
. The ability to track equipment operation for real time notification of equipment
outages for predictive maintenance purposes.
. The ability to monitor specific equipment metrics for preventive maintenance.
. The ability to maintain and store production data for production and quality
analysis.
. The ability to provide accurate real-time inform<l!ion exchange of production data
with the existing (or future) business application with reduction of manual data
entry steps and improving accuracy of data input.
. The structure for scalability to allow for future growth.
Page 2 of6
Scope of Services
Task 1 - Analysis
The consultant will undertake a functional specification of the existing control system
and describe the requirements of the future system. This future system must provide for
inclusion in any future Asset Management System intended for the Utility. The document
will perform the following functions:-
· Describe the existing processes and data systems
· Outline the proposed functionality of the new system
· Recommend an overall hardware and software architecture
· Describe integration tasks to be performed in the project
· Define the roles and responsibilities of all parties.
· Establish a conceptual cost estimate.
Scope of Work
The functional specification study will detail functionality, data, hardware requirements,
and potential cost savings for a system that will meet...the future needs of The City of
Boynton Beach.
The Consultant will provide. accurate hardware and software recommendations for a
system that will not only meet current needs, but also provide a foundation for a scalable
platform for the City to grow and expand on as future requirements demand.
The study also provides a basis for the City to intelligently divide the system's design and
deployment into phases that are compatible with the City's budget and timeline
requirements.
The study will include of the following categories:
1] Needs Requirements:
A written description of the need or requirement, and how it relates to the operations or
an area of required functionality. This step is critical to identifY clearly what productivity
requirements we are looking to satisfY. After the need is clearly defined, the consultant
will undertake a review of the process, and what information within the process is
available to support the development of the required functionality. This task allows
identification of all process variables. The consultant will also identifY additional points
of information that will be required to support the development of the required
functionality.
Page 3 of6
2] Data Requirements:
The consultant will eval uate the process environment's existing data content to see if it is
sufficient to support requirements as set forth in the Needs Requirements section of this
study. Data evaluated will include data residing in the production equipment's
controllers, The City of Boynton Beach's existing business system, and any other related
systems that may be required to source data. In this study section, consideration will be
given to additional data required that does not exist, and look at methods for deriving that
data. Additional study efforts will include the following:
. Document the existing process data sources with respect to the requirements and
needs defined in section one of this study.
. Understand and document any data flow between existing systems. This task is
required to understand what architectural changes might be required.
. Identify potential source locations for additional data that will be required, but do
not currently exist.
3J Hardware and Networking:
This section of the study will document existing PLC and upper level systems networking
(to include all systems required for data sourcing). From the previous two sections of this
study, HTlDcR will identify hardware and networking changes that will be required to
facilitate connectivity to the required data.
Task 2 - CMMS
The consultant will undertake a review of available Computerized Maintenance Packages
and provide a recommendation to the City as to which package most closely meets their
needs both in terms of ease of use, implementation requirements and compatibility with
other aspects of the City's existing and future software integration.
Scope of Work
-
The consultant will first undertake a needs assessment in those City departments that
would have use of a CMMS. These include Utilities, Public Works and Parks and
Recreation. The assessment will include types of task to be considered under the
program, the extent of available data, the workload involved in loading the data and the
availability of personnel to enter the data.
Having identified the nature of the task the consultant will review available CMMS
systems and determine which ones are appropriate for the identified task. Determination
of appropriateness will include the following factors:-
Page 4 of6
· Initial Cost of the software and hardware.
· Ongoing costs for software maintenance.
· Start Up costs for entering initial data
· Ongoing personnel costs needed to maintain the systel1}.
Wherever appropriate these costs will be split to show the financial impact on each of the
potential users. This is to enable the Utilities department to know the financial
requirements should they decide to move ahead before other areas of the City.
Deliverables
For each of the tasks the consultant will provide a written report in draft form for review.
After discussion with and input from City project management a final report will be
prepared and a workshop held to explain and discuss the findings in detail.
City Involvement
The City will provide a lead contact person for the duration of the project.
The city will provide full access to all necessary information required by the consultant
on a timely basis.
Assumptions
The contractor will appoint appropriate project management and hold regular progress
meetings with the City. T
Ant reports, drawings or other such material will be provided to the City in electronic
format using MS Office.
Schedule
Project completion anticipated within 4 - 6 weeks within receipt of order.
Compensation
The consultant will operate and be compensated in accordance with the terms and
conditions ofthe St. Johns County RFP # 02-29 as amended on January 25th, 2006.
Total cost $24,892, not to exceed $ 25,000.
Page 5 of6
06/28/2006 WED 15:26 FAX 8639131091
APPROVED BY:
CITY OF BOYNTON BEACH, FLORIDA
By:
Kurt Bressner
City Manager
SUBMITTED BY:
DCR Engineering Services, Inc
BY~.
Name \; 6 k.AoC2-/2..1 ~
Title fp...e.s\.o~.......\ mtl:><? [",.,\lvJ>Qit.jr'\
Approved as to Form:
Office of City Attorney
I4J 007/007
A ttest/ A uthenti cated:
Secretary
ST. JOHNS COUNTY, FLORIDA
Board ?f~ounty 0:;;2L-lq
CommissIOners
Office ot/he Purchasing Department
Karen R. Wiseman
27401ndtJS!ty Cenler Road
SainI Augustine, FL
32084
PHONE (904) 209-0160
FAX (904) 209-0161
January 31, 2006
Todd Bredbenner, P.E.
DCR Engineering Services, Inc.
P. O. Box 935
Mulberry FL 33860
RE: Contract Extension Bid No. 02-29 for SCADA Services Continuing Contract for St. Johns
County Utility Department
Dear Mr, Bredbenner,
Please find enclosed a fully executed original of the Contract Extension for the above referenced
project. Under this contract the St. Johns County Utility Department will issue various task
orders. St. Johns County looks forward to doing business with your corporation in the years to
come
If you have any questions, please do not hesitate to call me at (904) 209-0160.
Thank you for doing business with St. Johns County.
Y'i nc rely, /' ')-
" tit . "1:"/ / ! .
\ ,I.t II-(e f\ . (C/i.,jf i j\J.J., r--
Karen R. Wiseman
Contracts Specialist
cc: Neal Shinkre, Utility Engineering Manager
Master File
';i~ff\
i1f/;rG
CONTRACT EXTENSION AGREEMENT
FOR
RFP NO. 02-29
THIS EXTENSION AGREEMENT is made this$ day of J1/C./, 2006 by and between
ST. JOHNS COUNTY, hereinafter called "OWNER", and DCR Engineerin!:? Services, Inc.,
P. O. Box 935, 502 County Road 640 East, Mulberry, Florida 33860 (863) 428-8080
hereinafter called "CONSULT ANT".
WITNESSETH: That for and in consideration ofthepayment and agreements hereinafter mentioned;
1. The CONSULTANT'S responsibility under this Contract is to provide
professional/consulting services in the area of Supervisory Control and Data Acquisition (SCAD A)
services, and to perform and complete the work specifically set forth in each task order to this
contract.
2. The CONSULT ANT will provide the service as identified in the CONTRACT
DOCUMENTS to the COUNTY as negotiated by the OWNER. The Work shall be performed on an
as needed basis per project and by task order to this contract.
3. The CONSULTANT will commence/contizme service as required by the
CONTRACT DOCUMENTS beginning March 8,2006 and Contract will terminate March 7,2007.
Unit rates established at the beginning of this agreement are as shown in Attachment "C" attached
and signed by Joe Burch, Purchasing Manager. These rates are effective January 1, 2006 through
December 31,2006. T & M rates shall remain firm for the entire telm, based upon consultant's fee
schedule that must be agreed upon by the OWNER and the CONSULTANT within 45 days of the
date of execution of this agreement, and will become a part of this agreement. Requires annual
appropriation of funds.
4. The term CONTRACT "DOCUMENTS" means and includes the following:
(1) ADVERTISEMENT FOR RFPS AND NOTICE TO BIDDERS
(2) SCOPE OF SERVICES
(3) CONTRACT AGREEMENT DATED 3/07/02
(4) ATTACHMENTS
(5) CONTRACTOR'S PROPOSAL DATED 11/29/2001
(6) TASK ORDERS
(7) CONSULTANT'S RATE SHEET/FEE SCHEDULE ATTACHMENT "c"
5. The Owner will pay to the CONTRACTOR in the manner at such times and amounts
as set forth in the CONTRACT DOCUMENTS for services, unless otherwise agreed upon.
CT-l
~
6. The Contract Agreement shall be binding upon al1 parties hereto and their respective
heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly
authorized officials, this Agreement, five (5) copies of which shall be deemed an original on the date
first above written.
Owner
S1. Johns County Board of
Contractor
County Commissioners
(Typed Name)
DCR Engineering Services Seal
(Typed N
<-
B~-:Y fAA( \J-.----
Signature
{
Joe Burch, Purchasing Manager
Printed Name & Title
Todd B. &redbenner P.E., VP
Printed Name & Title
I-clS- o{
Date of Execution
Date of Execution
"\i\ ";,;_" . '"
T:\Ulility Eng Docs\DCRISCADA general professionaTlt'l;EXT02,.29 , DCR.doc
~l..' ". ';"', ",
";'\\:.. .... .','
:>';':: ~ .. ;~
....,<l
, '
.... l.
'.~../:'
1/~s~dcJ
Date of Execution
CT.2
DgR
L
Engineering
Servicesl Inc.
Attachment "e"
PO Box 935
502 County Road 640 East
Mulberry, Florida 33860
Telephone 863.428.8080
Fax 863.428.8036
SJCU rate sheet_ 4-01-00 to 3-31-07 doc
Effective Apri/1. 2006 - March 31. 2007
St. Johns County. Enqineerinq Rates
Classification
Clerk
CAD Operator
Electrician
Panel Shop Techniician
Telemetry Technician
RATE
$ 23.58
$ 42.67
$ 50.53
$ 56.14
$ 61.76
Classification
Senior Desi'gner
Senior Telemetry Tech.
Project Engineer
Programmer
Senior Engineer
RATE
$ 65.13
$ 69.62
$ 84.22
$ 84.22
$ 101.06
Technical Services Expedite Fee:
1. Priority One Work (Emergency call outs):
All call outs during non-business hours shall be billed at a four (4) hour minimum fee at the rate of time and one-
half, or double time on Sundays or holidays.
2. Priority Two Work (Service work to be provided within sixteen (16) business hours of notification):
All service work to be performed within 16 business hours (two business days) of notification will have a 1.25 multiplier
applied to the above rate schedule
3. Telephone Technical Support:
Telephone support will be billed at a one (1) hour minimum fee during normal business hours, or a two (2) hour minimum
fee during non-business hours. All fees will be in accordance with the above rate schedule.
Expenses: Travel Air: cost (pre-authorized only)
LodginglMeal expenses $80/per day lodging, 21/day food
Travel Per Mile/Service Vehicle .35 mile
Travel Per Mile/Non-Service Vehicle .29.mile
All expenses will be assessed a 5% administrative handling fee.
Rates Include: payroll taxes, insurance fringes, legal benefits, portable computers, Motorola maintenance software,
test equipment under $1,000, and small tools under $500. Work performed in excess of the standard workday (Monday
through Friday) shall be at the rate of time and one-half. Work performed on Saturday shall be at the rate of time and
one-half. All work performed on Sundays and Holidays shall be double time. Normal business hours are 8:00 AM to
4:30 PM Monday through Friday.
All material and subcontracts will be billed at cost plus 17% or a 1.17 multiplier Florida State sales tax, and 1.75% freight
allowance. Freight charges for expedited shipping (such as Federal Express) will be billed as a subcontracted service.
All rates include standard tools and test equipment required for the classified individual to perform their service. Tools of
a "specialty" nature will be purchased as per material above and be delivered to the client: or rented by DCR for the
required service. Equipment rental rates will be considered the same as material purchases above.
Payment terms will be in accordance with Florida's prompt payment statutes 218.74.
Motorola EQuipment: will be billed at the current Motorola list price multiplied by .950 plus 1.75% freight, and applicable
Florida State sales tax.
Labor Escalation: Labor rates will be evaluated every 12 months. Maximum 12 month increase will be the lowest of
either 5% or the normalized US CPI increase for the applicable period, but not less than 0%. Basis of this computation
will be the latest index as available from the US Bureau of Labor and Statistics, index titled "U.S. All items, 1982-
84=100", available at, www.bls.qov/cpi/. The current index level for the original rates was 177.4.
Rates increased bv 4.46% on 1/15/2006 from 2005, cPt index = to 199.2 or a 12.29% increase from 1/1/2002 rates.
@ MOTOROLA
SCADA VAR
312012006
The St. Johns County Board of County COmmissioners solicits responses from qualified and experienced firms to
provide Supervisory Control And Data Acguisition (SCADA) system (also referred as Telemetry) services to St.
Johns County Utility Deparfment (hereinafter referred to as SJCUD) on a Continuing Services Contract. For
unitary responsibility reasons it is the intent of the SjCUD to select one fInn, however, multiple fums could be
selected based on the experience and capabilities of the applicant firms.
Any qualified individual or fIrm desiring to provide the required services should submit four (4) copies of a letter
of interest along with an introduction and the requested information. Anticipated services required (but not
limited to):
Scope of Services:
St. Johns County Utilities Deparlment is soliciting proposals and qualifications for professional technical
services to assist S]C with the implementation of various projects. The successful firm will be one that is
skilled and knowledgeable in the application of automated process control dements and systems as may be
found in the water and wastewater industry. The firm wiD work closely with S]CDD Engineering,
Operations, and Maintenance department staff to plan and complete various projects. The firm must be
diversified enough to deliver a wide array of services that may include, but not be limited to the following:
1. Operational: Correcting operational problems with SJCUrYs existing Telemetry-based SCADA. This
system consists primarily of Motorola MOSCADTM RID's and Intellution TM FIX32 HMI software. The
firm should demonstrate its capability to support both these systems.
The S]CDD in its near term planning does not intend to change the Motorola MOSCADTM RTU
specification for existing and newer installations. It is also the intent of the S]CUD to maintain and
upgrade its Inte1lutionTM FIX32 HMI system. However, if the applicant firm wants to propose a
different HMI system, it shall clearly demonstrate its compatibility with Motorola MOSCADTM RTU,
features, and advantages and cost savings over the existing IntellutionTM FIX32 HMI system.
2. Retrofitting portions of conventional analog-based or hard-wired control systems .currently in place
to interface with the SCADA system. Modifications to all hardware, software and ancillary devices
as may be involved with such retrofit activities will the sole responsibility of the Consultant. Th~
firm shall ~em()nstrate its ability to perfonn such tasks and familiarity with similar systems.
3. Expanding the existing SCADA system to include monitoring and/or control of additional
equipment. The Owner may choose to incorporate equipment and processes, which are not
currently. automated into the existing SCADA system and assign this work to the Consultant.
4. Maintenance of SCADA system: The Consultant shall perform preventive and corrective
maintenance of the hardware and softwa.te components of the system in accordance with
manufacturers' recommendations and direction from the Owner. The Consultant must be willing
and able to work integrally with the Owners' personnel in the execution of this work.
5. Troubleshooting overall system's operation to determine causes of poor or improper operation.
TI1e Consultant must not limit his activities to replacement of faulty hardware, but rather fully
troubleshoot software, hardware, field instrUments, wiring, and the process operation itself in order
to effectively find and correct the source of reported problems.
6. Availability: The firm shall demonstrate the availability of its personnel, both during and after
work hours.
Work will be awarded on a project-by-project basis that may include any or all of the above services or services
not specifi~lly mentioned but directly related. Services will be requested on an as-needed basis. The Owner is
solely responsible for assignment of work activities and generation and/or approval of estimates of labor for
defined tasks. The Owner reserves the right to determine whether certron work tasks will be done on a time-and-
material basis or by mutually agreeable lump sum amount. Consultants may hire sub-consultants to be used for
portions of the required services. However, the primary consultant must be responsible for all the work
performed. The agreement(s) shall be governed by and construed in accordance with the laws of the State of
Florida.
Evaluation of Proposals:
Proposals will be evaluated in accordance with the following Evaluation Criteria: Familiarity and previous
pwfessional experience within the scope of services; Past performance with St. Johns County Government;
Experience with similar projects; Current workload/proposed project schedule; Quality of Submittal; and
References. Please see attached Evaluation Criteria and Evaluation Sheet. Proposals will be reviewed by an
evaluation team. In accordance with Section 287.055 most recent Supplement, Florida Statutes, final team
ran kings will be summarized and a recommendation will be presented to the Board of County Commissioners for
approval and authorization to negotiate with approved - selected ftrms. Selected firms will be notified if
presentations/interviews are required. The County desires to aVQid the expense to all parties of unnecessary
presentations. The evaluation team will make every reasonable effort;J:o make recommendations based upon the
written submittals alone. If a single number one ranked firm cannot be clearly determined, then the evaluation
team shall request the Purchasing Manager to set-up the top ranked firms for presentations/interviews.
The County may elect to conduct oral interviews or presentations from one or more of the proposal responden ts.
If the County elects to conduct oral presentations or interviews, such presentations or interviews will be open to
the public.
Additional Information:
Firms desiring to provide the required professional services in their area as requested should apply by submitting
four (4) copies of a Letter of Interest controning the following information:
1. Introduction to the firm providing (a) company bllckground information; (b) list of references: name, title,
address, phone number and relationship to the projects; (c) Names and qualifications of sub-consultants.
2. Team Organization Chart, with summary resumes of key personnel who would be assigned to the projects
defined in the scope of work.
3. Recent related work experience (a) type of services performed, location and estimated construction costs
of recent project, (b) Permitting/agency coordination experience.
4. Nature and extent of private sector work currently performed by the Hrm in St. Johns County or
anticipated within the next 12 to 24 months.
5. Ability to coordinate with County Governmental Agencies and Administration.
6. Capability to meet deadlines.
7. Current workJoad, by phase.
In addition to the above, ftrms shall submit:
(a) Copies of any licenses applicable to the area of expertise.
(d) Proof of Liability Insurance and its limits.
(e) List all equipment including computer hardware and software available for use on assigned projects.
If the chosen consultant proposes to sublet, subcontract or otherwise engage the services of a third party, this
must be disclosed in the response to the proposal.
It is anticipated that St. Johns County will issue original multi-year continuing services contracts with single Or
multi year renewal options. Any contract(s) negotiated with any firm(s) responding to this Request for Proposals
will be non-exclusive. The County reserves the right to (1) enter into contracts with ftrms for some or all of the
services; and to (2) subsequently solicit proposals and negotiate contracts, for such services with respect to
specific projects. AU such actions shan be subject to the sole discretion of the County.
Generally, the method of compensation preferred by the County is on an hourly basis for services tendered, in
accordance with an established fee schedule and actual hours. A "Fee Schedule" will be negotiated and agreed
upon at the time of execution of each agreement and will be a part of each contract. All payments, fees,
reimbursements, and costs will be based on the fee schedule established for the successful proposer(s). The Fee
Schedule will designate the hourly rate/unit rates for each member with their name and position title specified.
The fee schedule may not be deviated from without the prior written consent of the Purchasing Manager. When
requested by the County, competitive proposals for a specific proJ'ect work scope may be solicited for the
successful finn(s). The proposals will detail the services required to complete the project; the total hours for each
activity; the total cost for each activity; the total reimbursablcs; and all fees for these will be in accordance with the
established fee schedule. The successful firm(s) will be paid no more frequently than on a monthly basis, upon the
receipt of a valid invoice or statement.~
The St. Johns County Board of county Commissioners reserves the right to reject any or all proposals, waive
minor fonnalities or award to/ negotiate with the firm whose proposal best serves the interest of St. Johns
County.
Phone No./Contacts:
Questions rdated to the RFP should be directed to Leigh Daniels, Contracts Technician III, St. Johns County
Purchasing, 2740 Industry Center Road, St. Augustine, FL 32084. Inquiries related to the work scope, clarification
or correction must be in writing - by fax, mail etc.- and received no later than close of business on November 16,
2001, to aUow adequate time for response and/ or an addendum. Please do not contact any other staff member of
St. ] ohns County, except the above, with regard to this RFP. An inquires will be routed to the appropriate staff
member for response.
Due Date/Location:
The letters of interest and supplemental information will be received until 4:00 p.m. on November 29, 2001.
Mail or deliver all proposals to Leigh Daniels, Contracts Technician III, St. Johns County Purchasing Department,
2740 Industry Center Road, St. Augustine, FL 32084, phone number (904) 823-2540.
Purchasing Department
St. Johns County Board of County Commissioners
Definitions of Evaluation Criteria for
Ranking of Consultants
BCC APPROVED 03-23-99
A. Familiarity and previous professional experience within the scope of services.
Knowledge and first hand experience with items listed in the scope of services.
B. Past performance with St. Johns County Government
If the evaluator is unfamiliar with the performance of the firm under consideration, or if the flttn has no
experience working with St. Johns County Florida, give 5 points in this category. Five is considered to be
a neutral number. If the ftrm has experience in the County, and you have direct and first hand knowledge
of that experience, then tank more or less than 5 depending on whether their performance was less than
average or better than average.
C. Experiences with similar projects.
Points will be awarded for projects satisfactorily completed, similar in nature to the proposed
project, containing the required disciplines, and similar in size or dollar value. Also please provide
project completion date, design cost, construction cost, owner and contact name and number.
D. Current workload/proposed project schedule.
A schedule should be submitted showing tentative begin date, progress check-points and estimated
completion date. More points are awarded for shorter project schedules and/or irrunediate staff
availability to begin/continue work on the project in a timely manner.
E. Quality of Submittal
Response to the Evaluation Criteria, alternatives or proposals to solve anticipated problems and concerns,
budgetary, and cost containment considerations, possible alternatives for cost savings pennitting
considerations, if any, and approach to obtaining such pennits.
F. References
To avoid duplication, the Utility Engineer, or other designated individual, will contact and rank
references.
o
rnl:x:
Z~
O~
-0
I-C
~~
~~
~~
I:x:
o
~
E -
0) fr
~Cl
VJo
-<;::;
~5
~U~
=>VJ",
=> ....
r-: ~ cS
0\ N <Il
~o 8
~~ .E
E lJ., 0)
~ A:: VJ
~ .. bil
zl-<l':
U -p
..~:;
~O~
<( ~ 0
t:lI\.oU
rn
I:x:
~
<(~
~~.
O);~C
fiB
">
i~1:x:
uu~
{I.)~-<
~Cl~
o I:x: ~ "
.... -< !-< i:i!
~Oe2 &:
OO!lQV
:3
~
o
,..
-
l:l
u
~
~
'"
..
.:
t--
...
0-,
5~
~~
0'''
cJ~
-
Ihgi
::>"'~O:l:
~~ff~
f--
e~
L~
li:~
B~o
u~~
"1~ ~
~!; ~
~":~ilC
t;l:~!i~
i::tP=8o
.....~uo
t:s~...",
Ci!g~~~~e ~
o(>-"l5"'~ 0
~f~Bi8", ~
<"O~ """
~~f'"
::
g
"
"
~
"
"
~
"
::
o
..
'"
'"
~
'"
I
I
I
I
I
I I
I
I
I
I
I
I
I
-
o
n
5
<>
1
8
~
-<;;
.,
o
Is
E
I::
EO
&3
€
~
...
-E
c'
o
-N
-~
::l
-0
"0
.0
:>
'"
o
I-
~
-<(
~
I
,.;
.,
<>
~
""
~
~
~
"0
Iii
~
~
-<(
z
~
;!
~
t5i
~
f--
~
~
o
~
~
....
Vl
CONTINUING CONTRACT
FOR
CONSUL TINGIPROFESSIONAL SERVICES
ST. JOHNS COUNTY, FLORIDA
This Contract is made as ofthe th day of ,2001, by and between theBoard of
County Commissioners of St. Johns County, Florida, hereinafter referred to as the COUNTY, and
[J an individual, [] a corporation, [J a partnership, authorized to do business
in the State of Florida, hereinafter referred to as the CONSULT ANT, whose address is:
In consideration ofthe mutual promises contained herein, the COUNTY and the CONSULTANT agree
as follows:
ARTICLE 1 -SERVICES
The CONSULTANT's responsibility under this Contract is to provide professional/consultation
services in the area of Supervisory Control and Data Acquisition (SCADA) System services, and to
perform and complete the work specifically set forth in the each task order to this contract.
The Work shall be performed on an as need basis per project and by task order to this contract.
Services of the CONSULTANT shall be under the general direction of a county
representative to be identified in each task order, who sh~!l act as the COUNTY's
representative during the performance ofthis Contmct. All other questions, information and
legal service shall be directed to Joe BUTCh, Purchasing Manager.
ARTICLE 2 - SCHEDULE
The COUNTY and the CONSULTANT shall approve each schedule which will become a
part of each task order. All testing and reports shall coincide with agency requirements.
ARTICLE 3 - PAYMENTS TO CONSULTANT
A. The COUNTY shall pay to the CONSULTANT for services satisfactorily perfonned,
as follows: The CONSULTANT will bill the COUNTY on a monthly basis or as
otherwise provided and at the amounts set forth in Contract Addenda for services
rendered toward the completion of the Scope of Work. The amounts billed shall
represent the approximate completion of services outlined in the Scope of Work
contained in various task orders.
6
B. Invoices received from the CONSULTANT pursuant to this Contract will be
reviewed and approved by the initiating County department, indicating that services
have been rendered in the conformity with the Contract and theJlwill be sent to the
Finance Department for payment. Invoices must reference this contract and the task
order against which the CONSULTANT is billing.
C. FINAL INVOICE PER Task order: In order for both parties herein to close their
books and records, the CONSULTANT will clearly state "final invoice" on the
CONSULTANT's finaVJast billing to the COUNTY, this indicates that all services
have been performed and aU charges and costs have been invoice to Sf. Johns County
and there is no further work to be performed on the specific task order.
D. Contract Task Order. Value of this contract is based on contract task orders, each
task order shaH have its own specific value on a "stand alone" basis.
E. Labor Unit rates established at the beginning of this agreement may be adjusted
annually beginning with the next task order issued after the anniversary date of the
agreement. The reference index used to determine the amount of increase (decrease)
will be the Bureau of Labor Statistics unadjusted Consumer Price Index for all items
for AU Urban Consumers (CPI-V), U. S. City Average, published immediately prior
to the contract anniversary date. The current index, May 2001, is 177.7.
ARTICLE 4 - TRUTH-IN-NEGOTIATION CERTIFICATE
The signing of this Contract by the CONS UL T ANT shall act as lhe execution of a truth-in-
negotiation certificate certifying that the wage rates and cost used to determine the
compensation provided for in this Contract are accurate, complete and current as ofthe date
of the Contract.
The said rates and costs shall be reduced to exclude any significant sums should the
COUNTY determine that the rates and costs were increased due to inaccurate, incomplete or
noncurrent wage rates or due to inaccurate representations of fees paid to outside
consultants. The COUNTY may exercise its rights under this Article 4 within one (I) year
following final payment.
ARTICLE 5 - TERMINATION
This Contract may be terminated by the CONSULTANT upon 30 days' prior written notice
to the COUNTY in the event of substantial failure by the COUNTY to perform in
accordance with the terms of this Contract through no fault of the CONSULTANT. It may
also be tenninated by the COUNTY, with or without cause, immediately upon written
notice to the CONSULTANT.
7
Unless the CONSULTANT is in breach ofthis Contract, the CONSULTANT shall be paid
for services rendered to the COUNTY's satisfaction through the date oftennination. After
receipt of a Tennination Notice and except as otherwise directed by the COUNTY and
CONSULTANT shall:
A. Stop work on the date to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the perfonnance of the
terminated work.
C. Transfer all work in process, completed work, and other material related to the
terminated work to the COUNTY.
D. Continue and complete all parts of the work that have not been terminated.
ARTICLE 6 - PERSONNEL
The CONSULTANT represents that it has, or will secure at its own expense, all
necessary personnel required to perform the services under this Contract. Such
personnel shall not be employees of or have any contractual relationship with the
COUNTY.
All of the services required hereunder shall be perfonned by the CONSULTANT or
under its supervision, and all personnel engaged in performing the services shall be
fully qualified and, if required, authorized or permitted under state and local law to
perform such services. "
Any changes or substitutions in the CONSULTANT's key personnel, as may be listed
in Exhibit liD", must be made known to the COUNTY's representative and written
approval granted by the COUNTY before said change or substitution can become
effective.
The CONSULTANT warrants that all services shall be perfonned by skilled and
competent personnel to the highest professional standards in the field.
ARTICLE 7 - SUBCONTRACTING
The COUNTY reserves the right to accept the use of a subcontractor or to reject the
selection of a particular subcontractor and to inspect all facilities of any subcontractors
in order to make a determination as to the capability of the subcontractor to perform
properly the Work described in this Contract. The CONSULTANT is encouraged to
seek minority and women business enterprises for participation in subcontracting
opportunities.
8
If a subcontractor fails to perfonn or make progress, as required by this Contract, and it
is necessary to replace the subcontractor to complete the work in a ti~ely fashion, the
CONSULTANT shall promptly do so, subject to acceptance of the new subcontractor
by the COUNTY.
ARTICLE 8 ~ FEDERAL AND STATE TAX
The COUNTY is exempt from payment of Florida State Sales and Use Taxes. The
COUNTY will sign an exemption certificate submitted by the CONSULTANT. The
CONSULT ANT shaH not be exempted from paying tax to their suppliers for materials used
to ful fiIlcontractuaJ obligations with the COUNTY, nor is the CONSULTANT authorized
to use the COUNTY's Tax Exemption Number in secudng such materials.
The CONSULTANT shall be responsible for payment of hislher own FICA and Social Security
benefits with respect to this Contract.
ARTICLE 9 - AVAILABILITY OF FUNDS
The obligations of the COUNTY under this Contract are subject to the availability of funds
lawfully appropriated for its pUrpose by the Board of County Commissioners of St. Johns
County.
...
ARTICLE 10 ~ INSURANCE
A. The CONSULTANT shaH..not commence work under this Agreement until he/she has
obtained aU insurance required under this paragraph and such insurance has been
approved by the COUNTY.
B. All insurance policies shall be issued by companies authorized to do business under the
laws ofthe State of Florida. The CONSULTANT shall furnish Certificates of Insurance
to the COUNTY prior to the commencement of operations. The Certificates shall clearly
indicate that the CONSULTANT has obtained insurance of the type, amount, and
classification as required for strict compliance with this paragraph and that no material
change or cancellation of the insurance shall be effective without thirty (30) days prior
written notice to the COUNTY. Compliance with the foregoing requirements shall not
relieve the CONSULT ANT of its liability and obligations under this Contract.
C. The CONSULTANT shall maintain during the teoo of this Contract, standard
Professional Liability Insurance in the amount of $1,000,000.00 per occurrence.
9
D. The CONSULTANT shall maintain during the life of this Contract, Comprehensive
General Liability Insurance in the amount of $1,000,000 per occurrence to protect the
CONSULTANT from claims for damages for bodily injury, including wrongful death, as
well as from claims of property damages which may arise from any operations under this
Contract, whether such operations be by the CONSULTANT or by anyone directly
employed by or contracting with the CONSULTANT.
E. The CONSULT ANT shall maintain during the life of this Contract Comprehensive
Automobile Liability Insurance in the amount of$l 00,000 combined single limit for
bodily injury and property damage liability to protect the CONSULTANT from
claims for damages for bodily injury, including the ownership, use, or maintenance of
owned and non-owned automobiles, including rented automobiles whether such
operations be by the CONSULT ANT or by anyone directly or indirectly employed by
the CONSULTANT.
F. The CONSULTANT shall maintain during the life of this Contract, adequate
Workman's Compensation Insurance and Employer's Liability Insurance in at least
such amounts as are required by the law for all of its employees (ifthree or more) per
Florida Statute 440.02.
G. All insurance other than Professional Liability and Workman's Compensation, to be
maintained by the CONSULT ANT shall specifically include the COUNTY as an
"Additional Insured" .
ARTICLE 11 - INDEMNIFICATION
The CONSULT ANT shall indemnify and hold harmless the agency, and its officers and
employees, from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the design professional and other persons employed or
utilized by the design professional in the perfonnance of the contract.
ARTICLE 12 - SUCCESSORS AND ASSIGNS
The COUNTY and the CONSULTANT each binds itself and its partners, successors,
executors, administrators and assigns to the other party of this Contract and to the partners,
successors, executors, administrators and assigns of such other party, in respect to all
covenants ofthis Contract. Except as above, neither the COUNTY nor the CONSULTANT
shall assign, sublet, conveyor transfer its interest in this Contract without the written
consent ofthe other. Nothing herein shall be construed as creating any personal liability on
the part of any officer or agent of the COUNTY which may be a party hereto, nor shall it be
construed as giving any rights or benefits hereunder to anyone other than the COUNTY and
the CONSULTANT.
10
If delay is caused by the failure of the CONSULTANT's subcontractor(s) to perform or
make progress, and if such delay arises out of causes reasonably beyondthe control of the
CONSULTANT and its subcontractor(s) and is without the fault or negligence of either of
them, the CONSULTANT shall not be deemed to be in default.
Upon the CONSULTANT's request, the COUNTY shall consider the facts and extent of any .
delay in performing the work and, if the CONSULTANT's fai lure to perform was without
its fault or negligence, the Contract Schedule and/or any other affected provision of this
Contract shall be revised accordingly; subject to the COUNTY's right to change, terminate,
or stop any or all of the Work at any time.
ARTICLE 16 - ARREARS
The CONSULTANT shall not pledge the COUNTY's credit or make it a guarantor of
payment or surety for any contract, debt, obligation, judgemenl, lien, or any form of
indebtedness. The CONSULTANT further warrants and represenls that it has no obligation
or indebtedness that would impair its ability to fulfill the terms of this Contract.
ARTICLE 17 - DISCLOSURE AND OWNERSHIP OF DOCUMENTS
The CONSULTANT shall deliver to the COUNTY for approval and acceptance, and before
being eligible for final payment of any amounts due, all documents and materials prepared
by and for the COUNTY under this Contract.
"-
All written and oral information not in the public domain or not previously known, and all
information and data obtained, developed, or supplied by the COUNTY or at its expense
will be kept confidential by the CONSULTANT and will not be disclosed to any other
party, directly or indirectly, without the COUNTY's prior written consent unless required by
a lawful order. All drawings, maps, sketches, and other data developed, or purchased under
this Contract or at the COUNTY's expense shan be and remain the COUNTY's property and
may be reproduced and reused at the discretion of the COUNTY.
The COUNTY and the CONSULTANT shall comply with the provisions of Chapter I 19,
Florida Statutes (Public Records Law).
All covenants, agreements, representations and warranties made herein, or otherwise made
in writing by any party pursuant hereto, including but not limited to any representations
made herein relating to disclosure or ownership of documents, shaH survive the execution
and delivery of this Contract and the consummation of the transactions contemplated
hereby.
12
ARTICLE 13 - REMEDIES
No remedy herein conferred upon any party is intended to be exclusiv~ or any other remedy,
and each and every such remedy shall be cumulative and shall be in addition to every other
remedy given hereunder or nor or hereafter existing at law or in equity or by statute or
otherwise. No single or partial exercise by any party or any right, power, or remedy
hereunder shall preclude any other or further exercise thereof.
In any action brought by either party for the enforcement of the obligations of the other
party, the prevailing party shall be entitled to recover reasonable attorney's fees.
ARTICLE 14 ~ CONFLICT OF INTEREST
The CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of
services required hereunder. The CONSULT ANT further represents that no person having
any interest shall be employed for said performance.
The CONSULTANT shall promptly notify the COUNTY in writing by certified mail of all
potential conflicts of interest for any prospective business association, interest or other
circumstance which may influence or appear to influence the CONSULTANT's judgment or
quality of services being provided hereunder. Such written notification shall identify the
prospective business association, interest or circumstance, the nature of work that the
CONSULTANT may undertake and request an opinion of the COUNTY, whether such
association, interest, or circumstance constitutes a confl ict of interest if entered into by the
CONSULTANT.
The COUNTY agrees to notity the CONSULTANT of its opinion by certified mail within
30 days of receipt of notification by the CONSULTANT. If, in the opinion of the
COUNTY, the prospective business association, interest or circumstance would not
constitute a conflict of interest by the CONSULTANT, the COUNTY shall so state in the
notification and the CONSULTANT shall, at his/her option enter into said association,
interest or circumstance and it shall be deemed not in conflict of interest with respect to
services provided to the COUNTY by the CONSULTANT under the terms of this Contract.
ARTICLE 15 - EXCUSABLE DELAYS
The CONSULTANT shall not be considered in default by reason of any delay in
perfonnance jf such delay arises out of causes reasonably beyond the CONSULTANT's
control and without its fault or negligence. Such cases may include, but are not limited to:
acts of God; the COUNTY's ommissive and commissive failures; natural or public health
emergencies; freight embargoes; and severe weather conditions.
11
ARTICLE 18 - INDEPENDENT CONTRACTOR RELATIONSHIP
The CONSULT ANT is, and shall be, in the perfonnance ofa1l work services and activities
under this Contract, and Independent Contractor, and not an employee, agent, or servant of
the COUNTY. An persons engaged in any ofthe work or services perfonned pursuant to.
this Contract shall at all times and in all places be subject to the CONSULTANT's sole
direction, supervision, and controL
The CONSULTANT shall exercise control over the means and manner in which it and its
employees perform the work, and in all respects the CONSULTANT's relationship and the
relationship of its employees to the COUNTY shall be that of an fudependent Contractor
and not as employees or agents ofthe COUNTY. The CONSULTANT does not have the
power or authority to bind the COUNTY in any promise, agreement or representation other
than specifically provided for in this agreement.
ARTICLE 19. CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the CONSULTANT to solicit or secure
this Contract and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for the CONSULTANT,
any fee, commission, percentage, gift, or any other consideration contingent upon or
resulting from the award or making of this Contract.
....
ARTICLE 20 . ACCESS AND AUDITS
The CONSULTANT shall maintain adequate records to justify all charges, expenses, and
costs incurred in perfonning the Work for at least three (3) years after completion of this
Contract. The COUNTY shaH have access to such books, records, and documents as
required in this section for the purpose ofinspection or audit during normal business hours,
at the COUNTY's cost, upon five (5) days written notice.
ARTICLE 21 - NONDISCRIMINATION
The CONSULTANT warrants and represents that aU of its employees are treated equally
during employment without regard to race, color, religion, physical handicap, sex, age or
national origin.
13
ARTICLE 22 ~ ENTIRETY OF CONTRACTUAL AGREEMENT
The COUNTY and the CONSULTANT agree that this contract sets forth the entire
agreement between the parties, and that there are no promises or understandings other than
those stated herein. This contract shall be in effect for one (I) year from the day of
acceptance by the County, and may be extended after negotiations with the
engineer/consultant, if approved by the County for four (4) additional one year increments.
None of the provisions, terms and conditions contained in this contract may be added to,
modified, superseded or otherwise altered, except by written instrument executed by the
parties hereto.
ARTICLE 23 - ENFORCEMENT COSTS
If any legal action or other proceeding is brought for the enforcement of this Contract, or
because of an alleged dispute, breach, default or misrepresentation in connection with any
provisions of this Contract, the successful or prevailing party or parties shall be entitled to
recover reasonable attomey's fees, court costs and all reasonable expenses even if not
taxable as court costs (including, without limitation, all such reasonable fees, costs and
expenses incident to appeals), incurred in that action or proceedings, in addition to any other
relief to which such party or parties may be entitled.
ARTICLE 24 - AUTHORITY TO PRACTICE
The CONSULT ANT hereby represents and warrants that' it has and will continue to
maintain all license and approvals required to conduct its business, and that it will at all
times conduct its business activities in a reputable manner.
14
ARTICLE 25 - SEVERABILITY
If any term or provision ofthis Contract, or the application thereof to any person or circumstances shall,
to any extent, be held invalid or unenforceable, the remainder of this Contract, or the application of such
items or provision, to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected and every other term and provision ofthis Contract shaUbedeemed
valid and enforceable to the extent permitted by law.
ARTICLE 26 - AMENDMENTS AND MODIFICATIONS
No task orders and/or modifications of this Contract shall be valid unless in writing and signed by each
of the parnes. All Amendments and modifications shall be in the fonn ofa change order or task order.
The COUNTY reserves the right to make changes in the Work, including alterations, reductions therein
or additions thereto. Upon receipt by the CONSULT ANT of the COUNTY's notification of a
contemplated change, the CONSULTANT shaH (I) if requested by the C01JN.TY, provide an estimate
for the increase or decrease in cost due to the contemplated change, (2) notify the COUNTY of any
estimated change in the completion date, and (3) advise the COUNTY in writing if the contemplated
change shall effect the CONSULTANT's ability to meet the completion dates or schedules of this
Contract.
If the COUNTY so instructs in writing, the CONSULTANT shall suspend work on that portion of the
Work affected by a contemplated change, pending the COUNTY's decision to proceed with the change.
...
If the COUNTY elects to make the change, the COUNTY shall issue a Task Order for changes to a task
in progress or a contract change order if the original contract is be changed or amended and the
CONSULTANT shall not commence work on any such change until such written task order or change
order has been issued and signed by each of the parties.
ARTICLE 27 - ENUMERATION OF CONTRACT DOCUMENTS
The Contract Documents. except for modifications issued after execution of this Agreement, will be
enumerated in each task order.
ARTICLE 28 - FLORIDA LAW
This Contract shall be governed by the laws ofthe State of Florida. Any and all legal action neces8aryto
enforce the Contract will be held in St. Johns County.
ARTICLE 29 - ARBITRATION
The Owner shall not be obligated to arbitrate or pennit any arbitration binding on the Owner under any
of the Contract Documents or in connection with the project in any manner whatsoever.
ARTICLE 30 - NOTICE
All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent
to the COUNTY shall be mailed to:
The St. Johns County Purchasing Department
Atm: Joe Burch, Purchasing Manager
2740 Industry Center Road
St. Augustine, Florida 32084
and if sent to the CONSULTANT shall be mailed to:
ARTICLE 31 - HEADINGS
The heading preceding the several articles and sections hereof are solely for convenience of reference
and shall not constitute a part oftMs Contract or affect its meaning, construction or effect.
IN WITNESS WHEREOF, the Board of County Commissioners ofSt. Johns County, Florida
pas mflde and executed this Contract on behalf of the COUNTY and CONSULTANT has
hereunto set hislher hand the day and year above written.
ATTEST:
CHERYL STRICKLAND, CLERK
ST. JOHNS COUNTY BOARD OF
COUNTY COMMISSIONERS
DEPUTY CLERK
BY:
Joe Burch. Purchasing Manager
NAME & TITLE
BY:
Date
Date
WITNESS:
CONSULTANT:
Signature
Company Name
Name (Type or Print)
Name
(Type or Print)
Signature
Title
Date
f'rV Ot.:-
/ . \
f . .. \
I I
.o~j}
.f\,'~ .-"" <,;'?"
1"0 N "
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.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 Meetin!! Dates in to City Clerk's Office
0 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 July 5, 2006 June 19, 2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) ~ July 18, 2006 July 3, 2006 {Noon}
-
0 Administrative 0 Development Plans r '.)
NA TURE OF ~ Consent Agenda 0 New Business
AGENDA ITEM 0 0 -..
Public Hearing Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
--__.'1
"
- "
;...~,
RECOMMENDATION: Approve resolution No. 06-_ to renew the Cardiac Monitor/defibrillator Service
Agreement with Medtronic Physio-Control.
EXPLANATION: These important pre-hospital devices are subject to extreme hostile environmental elements and
conditions. Proper preventative maintenance and repairs are critical for having these limited EMS resources
available on every fire rescue unit. As an advanced life support medical device, having questionable or unreliable
performance is unacceptable. Medtronic Physio-Control provides onsite maintenance and repairs for our 12
monitor/defibrillators and 4 battery support systems. The term of the agreement is 5 years payable in Annual
installments of $) 0,867.80 (total contract price of $54,339) subject to yearly budget funding.
PROGRAM IMPACT: Reliability and availability are two key elements in ensuring these limited resources are
always available when needed. Medtronic also provides free replacement of two monitor cases and free loaner units
(critical to keeping advanced life support units in service during device down time for repairs or maintenance).
FISCAL IMPACT: This agreement is a long-standing agreement that is up for renewal. Funds have been budgeted
and approved in the FlY 2005-06 Fire Rescue Budget (ace. No. 49-) 7 "Other contractual services")
AL TERNA TIVES: Pay for individual repairs and replacement as needed. This alternative is considerably more
expensive than the contract price, i.e. the replacement of the monitor screen alone can cost in excess of $5000.
L~
D artment Head's Signature
Fire Rescue Department
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2
3
4 RESOLUTION R 06-
5
6 A RESOLUTION OF THE CITY COMMISSION OF
7 THE CITY OF BOYNTON BEACH, FLORIDA,
8 AUTHORIZING AND DIRECTING THE MAYOR
9 AND CITY CLERK TO EXECUTE A FIVE (5) YEAR
10 SERVICE AGREEMENT BETWEEN THE CITY OF
11 BOYNTON BEACH, FLORIDA AND MEDTRONIC
12 PHYSIO-CONTROL CORPORATION FOR THE
13 REPAIR AND PREVENTATIVE MAINTENANCE
14 OF 12 MONITOR DEFIBRILLATORS AND 4
15 BATTERY SUPPORT SYSTEMS; AND PROVIDING
16 AN EFFECTIVE DATE.
17
18 WHEREAS, the City of Boynton Beach, Florida, upon recommendation of staff,
19 desires to enter into a service agreement with Medtronic Physio-Control Corporation, for a
20 five year period at a fixed amount, subject to yearly. budget appropriations; and
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
"
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. 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 of the City of Boynton Beach, Florida does
27 hereby authorize and direct the Mayor and City Clerk to execute the Service Agreement
28 between the City of Boynton Beach, Florida and Medtronic Physio-Control Corporation, a
29 copy of said Agreement being attached hereto as Exhibit "A".
30
Section 3.
This Resolution will become effective immediately upon passage.
31
1 PASSED AND ADOPTED this _ day of July, 2006.
2
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7 Mayor - Jeny Taylor
8
9
10 Vice Mayor - Carl McKoy
11
12
13 Commissioner - Robert Ensler
14
15
16 Commissioner - Mack McCray
17
18
19 Commissioner - Muir C. Ferguson
20 ATTEST:
21
22
23
24 City Clerk
25
26
27 (Corporate Seal)
28
29
30
31
32 S:\CA IRESOlAgreementslBBFDIBBFD - Physio-Control Agr 2006.doc
33
34
35
36
37
2
TECHNICAL SERVICE SlJPPORT AGREEMENT
:\-f
" -,--"
- -' - .
'- - '.--"
Contract Number
Medtronic
Emergency Response Systems
Copy
Medlronie.
PHYSIO-CONTROL
End User # 03593602
CITY OF BOYNTON BEACH
PUBLIC WORKS COMPLEX
222 NE 9TH AVE
BOYNTON BEACH- FL 33435
BIll To # U3593()()5
CIT) OF BOYNTON BEACH
FINANCE DEPARTMENT
PO BOX 310
BOYNTON BEACH. FL 33425
This Technical Service Support Agreement begins on 4/1/2006 and expires on 3/311201 L
The designated Covered Equipment and/or Software is listed on Schedule A This Technical Service Agreement
is subject to the Terms and Conditions on the reverse side of this document and any Schedule R if attached.
If any Data Management Support and Upgrade Service is included on Schedule A then this Technical Service
Support Agreement is also subject to Medtronic's Data Management Support and Upgrade
Service Terms and Conditions. rev 7/99-1,
Price of coverage specified on Schedule A is $54,339.00 per term. payable in Annual installments.
Special Terms
PRICE INCLUDES LIMITED COVERAGE ON TWO LPl2 CASE CHANGES
10% DISCOUNT ON ACCESSORIES
SUBJECT TO YEARLY COMMISSION BUDGET APPROPRIA nONS APPROY AL
Accepted: MEDTRONIC Emergency Response Systems, Inc. Customer:
---~
By:!'''. ~..........
Tit1~ r"OS tt;cfC - Tf~/f-
"'
Date: 06" ~ ')~ 0-6
By:
----- ----~_.-------
Print:
-~---'-'-- -----_._-_.-..__._~._._~---
Title:
Date:
Purchase Order Number
Territory Rep: EASS63
Logozzo, Darren
Phone: 800-442-1142 x2743
FAX: 800-772-3340
Customer Contact:
CHIEF JIM NESS
Phone: 561-742-6333
FAX: 561-742-6334
Reference Number: S63-]248
Printed: 6/27/2006
Renewal
Page 1 of 6
MEDTRONIC EMERGENCY RESPONSE SYSTEMS, INC.
TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDITIONS
RENEWAL TERMS
Medtronic Emergency Response Systems, Inc.'s ("Medtronic") acceptance of Customer's Technical Service Support Agreement
is expressly conditioned on Customer's assent to the terms set forth in this document and its attachments. Medtronic agrees to
furnish the services ordered by Customer only on these terms, and Customer's acceptance of any portion of the goods and services
covered by this document shall confirm their acceptance by Customer. These terms constitute the complete agreement between the
parties and they shall govern any conflicting or ambiguous terms on Customer's purchase order or on other documents submitted to
Medtronic by Customer. These terms may not be revised in any manner without the prior written consent of an officer of Medtronic.
REPAIR SERVICES
If "Repair" services are designated, subject to the Exclusions identified below, they shall include, for the designated Covered
Equipment, all repair parts and materials required, all required Medtronic service technician labor, and all related travel
expenses. For offsite (ship-in) services, units will be returned to Customer by Medtronic freight prepaid.
INSPECTION SERVICES
If "Inspection" services are designated, subject to the Exclusions identified below, they shall include, for the designated Covered
Equipment, verification of proper instrument calibration, verification that instrument mechanical operations and output
measurements are consistent with applicable product specifications, performance of an electrical safety check in accordance with
National Fire and Protection Guidelines, all required Medtronic service technician labor and all related travel expenses. For
offsite (ship-in) services, units will be returned to Customer by Medtronic freight prepaid.
DOCUMENTATION
Following each Repair and/or Inspection, Medtronic will provide Customer with a written report of actions taken or recommended
and identification of any materials replaced or recommended for replacement.
LOANERS
If a Medtronic product is designated as a unit of Covered Equipment for Repair Services and needs to be removed from service to
complete repairs, an appropriate Loaner unit will be provided, if available, until the removed unit is returned. Customer assumes
complete responsibility for the Loaner and shall return the Loaner to Medtronic in the same condition as received, at Customer's
expense, upon the earlier of the return of the removed unit or Medtronic's request.
EXCLUSIONS
This Technical Service Support Agreement does not include: supply or repair of accessories or disposables (e.g., patient cables,
recorder paper, etc.); repair of damage caused by misuse, abuse, abnormal operating conditions, operator errors, and/or acts of God;
repairs to return an instrument to normal operating equipment at the time of initial service by Medtronic under this Technical
Service Support Agreement; case changes; repair or replacement of items not originally distributed or installed by Medtronic;
and exclusions on Schedule B to this Technical Service Support Agreement, if any, which apply to Covered Equipment.
SCHEDULE SERVICES
Designated Repair and Inspections Services will be performed at the designated service frequency and during designated service
hours except where service technicians are rendered unavailable due to mandatory training commitments, in which case Medtronic
will provide alternate coverage. Customer is to ensure Covered Equipment is available for Repair and/or Inspection at scheduled
times. If Covered Equipment is not available as scheduled and Customer requests additional services to be performed or if Medtronic
is requested to perform Repair or Inspection services not designated in this Technical Service Support Agreement' (due to the nature of
services selected, instruments involved not being Covered Equipment, request being outside of designated service frequency or hours,
or application of the Exclusions); Customer shall reimburse Medtronic at Medtronic's standard labor rates less 10% (including overtime,
if appropriate), plus standard list prices for related parts and materials less 15%, plus actual travel costs incurred. ~
PA YMENT
The cost of services performed by Medtronic shall be payable by Customer within thirty (30) days of Customer's receipt of Medtronic's
Invoice (or such other terms as Medtronic confirms to Customer in writing). In addition to the cost of services performed,
Customer shall payor reimburse Medtronic for any taxes assessed Medtronic. If the number or configuration of Covered
Equipment is altered during the Term of this Technical Service Support Agreement, the price of Services shall be adjusted accordingly.
WARRANTY
Medtronic warrants Services performed under this Technical Service Support Agreement and replacement parts provided in
performing such Services against defects in material and workmanship for ninety (90) days from the date a Service was performed or a
part was provided. Customer's sole remedy shalf be reservicing the affected unit and/or replacement of any part determined to be
defective, without any additional Customer charge, provided Customer notifies Medtronic of any allegedly defective condition
within ten (10) calendar days of its discovery by Customer. Medtronic makes no other warranties, express or implied, including,
without limitation, NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT
SHALL MEDTRONIC BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES.
Reference Number: S63-1248
Printed: 6/2712006
Renewal
Page 2 of 6
TERMINATION
Either party may terminate this Technical Service Support Agreement at any time upon sixty (60) days prior written notice to the
other, except that Medtronic may terminate this Technical Service Support Agreement immediately upon Customer's failure to make
timely payments for services rendered under this Technical Service Support Agreement. In the event of termination, Customer shall
be obligated to reimburse Medtronic for that portion of the designated price which corresponds to that portion of the Term and the
scope of Services provided prior to the effective date of termination
DELAYS
Medtronic will not be liable for any loss or damage of any kind due to its failure to perform or delays in its performance resulting
from any cause beyond its reasonable control, including, but not limited to, acts of God, labor disputes, labor shortages, 'the'
requirements of any governmental authority, war, civil unrest, delays in manufacture, obtaining any required license or permit.
and Medtronic's inability to obtain goods from its usual sources. Any such delay shall not be considered a breach of Medtronic's
obligations and the performance dates shall be extended for the length of such delay
MISCELLANEOUS
a) Customer agrees to not employ or offer employment to anyone performing Services on Medtronic's behalf during the Term of
this Technical Service Support Agreement or for one (1) year following its expiration without Medtronic's prior written consent.
b) This Technical Service Support Agreement, and any related obligation of other party, may not be assigned in whole or in part
without the prior written consent of the other party.
c) The rights and obligations of Medtronic and Customer under this Technical Service Support Agreement shall be governed by
the laws of the State in which the service is provided. All costs and expenses incurred by the prevailing party related to
the enforcement of its rights under this document, including reasonable attorney's fees, shall be reimbursed by the other party.
pend p .
Reference Number: S63-1248
Printed: 6/27/2006
Renewal
Page 3 of 6
MEDTRONIC EMERGENCY RESPONSE SYSTEMS, INC.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE A
Contract NWTIber:
Sen'icing Rep:
District:
Phone:
FAX:
Logozzo, Darren, EASS63
SOUTIIERN
800-442-1142 x2743
800-772-3340
Equipment Location: CITY OF BOYNTON BEACH, 03593602
PUBLIC WORKS COMPLEX
222 NE 9TH AVE
BOYNTON BEACH, FL 33435
Scope Of Service On Site Repair and I On Site Inspection per Year:M-F/8-5
Ref. Effective Expiration Total
Mode] Part Number Serial Number Line Date Date Inspections
LIFEPAK@ ]2 VLP] 2-02-000023 8628973 4/1/2006 3/3]/2011 5
LIFEP AK@ ] 2 VLP]2-02-000059 1]20]95] 5 4/1/2006 3/31/2011 5
LIFEPAK@ ]2 VLP12-02-000059 ]]20]950 6 4/1/2006 3/3]/2011 5
LIFEPAK@ 12 VLP]2-02-000059 1120]930 7 4/112006 3/31/20 II 5
LIFEPAK@ ]2 VLP 12-02-000999 ]2496802 10 4/1/2006 3/3]/2011 5
LIFEPAK@ 12 VLPI2-02-003]23 14259079 11 4/112006 3/31/20 II 5
LIFEPAK@ ]2 VLP] 2-02-005985 33]20770 13 4/1/2006 3/31/20 II 5
LIFEPAK@ 12 VLPI2-02-005985 34]78022 . 15 4/1/2006 3/31/20 II 5
Scope Of Service On Site Repair Only: M-F/8-5
Ref. Effective Expiration Total
Model Part Number Serial Number Line Date Date Inspections
BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 33]94335 14 4/]/2006 3/31/20 II 0
BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 8438295 2 4/1/2006 3/31/20 II 0
BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 8438644 3 4/1/2006 3/31/20 II 0
BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 8438682 4 4/1/2006 3/31/20 Il 0
Scope Of Service Renewal POS On Site Repair - I On Site Inspection per Year
Ref. Effective Expiration Total
Model PlIli Number Serial Number Line Date Date Inspections
LIFEPAK@ ]2 VLP]2-02-001774 13098909 8 4/1/2006 3/31/2011 5
LIFEPAK@ ]2 VLP]2-02-001447 13098908 9 4/1 /2006 3/31/20] ] 5
LIFEPAK@ ]2 VLP]2-02-003123 30624857 12 4/1/2006 3/31/20] ] 5
* * Denotes an inventory line that has changed since the last contract revision or addendum.
Reference Number: S63-1248
Printed: 6/27/2006
Renewal
Page 4 of 6
Contract Number:
Additional Items
Service Type
CASE CHANGE
MEDTRONIC EMERGENCY RESPONSE SYSTEMS, INC.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE A
Item
Quantity Start Date
2 4/1/2006
LPl2 LIMITED CASE CHANGES
.. Denotes an additional item line that has changed since the last contract revision or addendum
Reference Number: S63-1248
Printed: 6/27/2006
End Date
jIJ 1/20 I ]
Renewal
Page 5 of 6
MEDTRONIC EMERGENCY RESPONSE SYSTEMS, INC.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE B
LIFEPAK@ 12 DEFIBRllLATOR/MONITOR
. AC Power Adapter included whell listed Oll equipment inventory (Schedule A).
. DC Power Adapter included when listed on equipment inventory (Schedule A).
. Defibrillator paddle repairs are included (excludes internal, sterilizable and pediatric paddles).
. Communications and Patient cables are excluded.
. PCMCIA Modems are excluded.
. Therapy cables are excluded.
. Sp02 Sensors are excluded.
. Case Changes are excluded.
. Discount of 17% from the field installed list price for any current and/or future available LIFEPAK@12 upgrade is
included when insta11ed by Medtronic Technical Services.
. Discounts may not be combined with any other special tenns, discounts and/or promotions.
Medtronic Fastpak@, Fastpak 2, Lifepak SLA and Lifepak NiCd Battery
. Customer retains tile responsibility to perfonn the battery maintenance and evaluation procedures outlined in the
operating instruction manual and to replace batteries that do not pass the conditions outlined under "Discarding!
Recycling Batteries. " Batteries failing to meet battery perfonnance tests should be removed from service and properly
discarded (recycled).
. If customer provides evidence that a Medtronic Battery Pak fails to meet the perfonnance tests noted above and/or
the Battery Pak age exceeds 2 years, Medtronic shall replace said Medtronic Battery Pak (like for like) i.e. FASTPAK
for FASTPAK, FASTPAK2 for FASTPAK2, LIFEPAK SLA for LIFEPAK SLA, or LIFEPAK NiCd for LIFEPAK NiCe!,
up to a maximum of 4 Medtronic Battery Paks every two years (including prior Support Plan periods) per LIFEP AK@ 12
defibrillator/monitor (listed on Schedule A). To assist in proper recycling and removal oflow capacity batteries,
replaced Battery Paks become the property ofMedtronic and must be returne<,! at the time of exchange.
. Only batteries manufactured by Medtronic are covered under this Service Agreement. Any batteries manufactured by
other sources are expressly excluded from coverage under this Service Agreement. Medtronic cannot guarantee the
operation, safety and/or perfonnance of our product when operating with a non-Medtronic battery. Repairs and inspections
performed under this Agreement meet original equipment manufacturer's product specifications only when operating with
a Medtronic battery. Any repairs, as determined by a Medtronic Service Representative, resulting from the use of a
non-Medtronic battery, will be bi11ed at our standard list prices for parts and labor, including actual travel charges
incurred.
Lifepak:@12 Software Updates
. If combined Repair and Inspection services are designated on the Technical Service Support Agreement inventory
for Lifepak 12 units, at the customer's request, a Medtronic Technical Services Representative will insta11 Lifepak 12
software updates at no additional charge provided it is installed at the time of a regularly scheduled inspeGtion.
In addition during the term of this agreement, where an assembly such as a printed circuit board must be replaced in
order to install the new software, these assemblies may be purchased by the customer at a 50% discount off the current
list price of a new assembly. Software updates requested to be installed at a time other than the regularly scheduled
inspection will be billed at $205 per unit per software update. The cost oftlle software update will be billed on a
separate invoice.
. If Repair-Only services are designated on the Service Order inventory for Lifepak 12 units, at the customer's request
a Medtronic Technical Services Representative will install a Lifepak: 12 software update at a discounted price of $205 per
unit per software update. In addition during the teffil of this agreement, where an assembly such as a printed circuit board
must be replaced in order to install the new software, these assemblies may be purchased by the customer at a 50% discount
off the current list price of a new assembly. The cost of the software update will be billed on a separate invoice.
. Discounts may not be combined with any other special terms, discounts and/or promotions.
Reference Number: S63-1248
Printed: 6/27/2006
Renewal
Page 6 of 6
~\1"'!.....Ok-
I. ......C..... ..\
f. ... .
C1\h:... . .....lz
cV" .... . CJ
.~~ c~~
"ON -e.
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM C.4
AGENDA ITEM REQUEST FORa.!
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
May],2006 (Noon)
o June 6, 2006
o June 20, 2006
o July 5, 2006
[8] July 18, 2006
May 15,2006 (Noon)
0 April 4, 2006
0 April 18. 2006
0 May 2, 2006
0 May] 6, 2006
March 20, 2006 (Noon.)
April 3, 2006 (Noon)
June 5, 2006 (Noon)
April ]7,2006 (Noon)
June 19,2006 (Noon)
July 3, 2006 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
[8] Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
o Unfinished Business
o Presentation
RECOMMENDATION: Approve resolution No. 06- authorizing the execution of an InterIocal agreement
permiting the Boynton Cultural Centre to utilize the City's benefit plans.
EXPLANA TlON: The Purpose of this InterIocal Agreement is to permit the Boynton Cultural Centre (Childrens Museum) to
utilize the Benefit Plans for coverages that are afforded to employees ofthe City through negotiated agreements with Plan
Providers, for the benefit of the Boynton Cultural Centre full-time employees. The parties mutually desire to formulate such
relationship in this Interlocal Agreement.
PROGRAM IMP ACT: The intent of the parties is that all plan administration responsibilities, premiums, and any other
costs and expenses associated with the providing of coverage under the Benefit Plans to Boynton Cultural Centre employees
shall be the responsibility of the Boynton Cultural Centre. It is also the intent of this Agreement that any apportioned costs
for stop-loss coverage and for the City's assistance be incurred by and the responsibility of the Boynton Cultural Centre.
FISCAL IMP ACT: Should City purchase stop-loss coverage from any Plan Provider, the Boynton Cultural Centre agrees to
pay its share ofthe premium for such stop-loss coverage, apportioned based on the number of Boynton Cultural Centre
employees and the additional pooling charges assessed by Plan Provider(s). Unless otherwise directed in writing by the City,
the Boynton Cultural Centre shall pay the City directly for this incremental cost in advance on an annual basis. The Boynton
Cultural Centre shall pay the City pooling charges in accordance with Exhibit "B", a copy of which is attached hereto and
made a part of this Agreement.
On a monthly basis, in advance, the Boynton Cultural Centre shall pay the City an administrative charge equal to Ten
($10.00) for each Boynton Cultural Centre employee enrolled in any Plan of the City. This administrative charge shall cover a
portion of the costs incurred to the City in assisting the Boynton Cultural Centre and their employees with issues related to
insura and Plan coverages.
A TIVES: 0 not ap r ve the contract, forcing the Boynton Cultural Centre to obtain ind~penden coverage.
/' ~" 1-
~ '
Ci Manager's Signature
City Attorney 1 Finance 1 Human Resources
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
I
2 RESOLUTION NO. R06-
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, APPROVING THE
7 AGREEMENT BETWEEN THE CITY OF BOYNTON
8 BEACH AND BOYNTON CULTURAL CENTRE, INC.;
9 AND PROVIDING AN EFFECTIVE DATE.
IO
II
12 WHEREAS, the City Commission of the City of Boynton Beach deems it in
I3 the best interest, health, safety and welfare of the citizens and residents of Boynton Beach to
14 enter into an Agreement with the Boynton Cultural Centre, Inc.
15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
16 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
Each Whereas clause set forth above IS true and correct and
17
18 incorporated herein by this reference.
Section 2.
The City Commission of the City of Boynton Beach, Florida hereby
19
20 approves and authorizes the City Manager and City Clerk to execute the Agreement between
21 the City of Boynton Beach and the Boynton Cultural Centre, Inc. for utilization of the City's
22 health and other insurance providers for the benefit of the Cultural gentre's employees. A
23 copy of said Agreement is attached hereto as Exhibit "A".
Section 3.
That this Resolution shall become effective immediately upon passage.
24
25
PASSED AND ADOPTED this _ day of July, 2006.
26
27
28
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 ATTEST:
24
25
26
27 City Clerk
28
29
30 (Corporate Seal)
31
32
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
Commissioner - Muir C. Ferguson
..
INTERLOCAL AGREEMENT
This is an Interlocal Agreement, made and entered into this __ day of
2006, by and between:
CITY OF BOYNTON BEACH, a municipal corporation of the
State of Florida, hereinafter referred to as "City,"
AND
BOYNTON CUL TURAL CENTRE, a Florida non-profit
corporation, hereinafter referred to as "the BCC" or " BCC."
WITNESSETH:
WHEREAS, this Agreement is entered into pursuant to S 163.01, Florida Statutes, also
known as the "Florida Interlocal Cooperation Act of 1969"; and
WHEREAS, the BCC is a Florida non-profit organization established August 2, 1996, as
subsequently amended; and
WHEREAS, City is providing the BCC with the ability to utilize existing City
agreements with providers of health and other insurance, thereby allowing BCC employees to
participate in health and other insurance plans under the same coverages and programs offered to
City employees; and
WHEREAS, City has entered into a health insurance plan with Blue Cross/Blue Shield of
Florida, MetLife dental, vision care, and life plans for the 2005/06 fiscal year (the "Plan"
individually or the "Plans" collectively); and
WHEREAS, BCC is desirous of participating in the City's Plans for the benefit of BCC's
employees; and
WHEREAS, City has no objection to BCC or its employees benefiting from the Plans
negotiated by City with private providers ("Plan Providers"); and
WHEREAS, the Plan Providers of coverages under the Plan have agreed to furnish
services to the BCC for the benefit of BCC employees at the same rates, benefits, incremental
costs, and terms and conditions contracted for with City;
NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises,
covenants and payments hereinafter set forth, City and BCC agree as follows:
S~\Jjls~!.3J;:1"!GIII~ftc:(:
ARTICLE 1- PURPOSE
1.1 The Purpose of this lnterlocal Agreement is to permit the BCC to utilize the Plans
for coverages that are afforded to employees of the City through negotiated agreements with Plan
Providers, for the benefit of BCC employees. The parties mutually desire .to formulate such
relationship in this lnterlocal Agreement. The intent of the parties is that all plan administration
responsibilities, premiums, and any other costs and expenses associated with the providing of
coverage under the Plans to BCC employees shall be the responsibility of the BCC. It is also the
intent of this Agreement that any apportioned costs for stop-loss coverage and for the City's
assistance be incurred by and be the responsibility ofthe BCC.
ARTICLE 2 - SCOPE OF SERVICES
2.1. Subject to any separate agreement(s) being required by the Plan Provider(s) of the
City, BCC may offer enrollment to BCC employees in the Plans for the 2005/06 fiscal year
under the terms and conditions of this Agreement, and subject to renewal as provided in Article 3
below. Subject to any objection from a Plan Provider, it is the intent of the parties that the BCC
shall be subject to the Plans, coverages~ negotiations, and agreements between the City and the
respective Plan Providers. BCC understands that the individual Plan Providers may require
BCC to enter into a written agreement with the Plan Provider to, in essence, piggyback the City's
agreement with the Plan Provider. However, it is further recognized that, except as negotiated
between the BCC and any Plan Provider, any such agreement between the BCC and the Plan
Provider shall be under the same terms and conditions. as the City's agreement with Plan
Provider. The City's current Plans and Plan Providers ares;et forth in Exhibit "A," a copy of
which is attached hereto and made a part of this Agreement. Based on the City's independent
negotiations for services and coverage with Plan Providers, Exhibit "A" to this Agreement may
be amended by the City on an annual basis without the necessity of BCC or City Commission
approval.
2.2. BCC shall administer the enrollment and cancellation of BCC employees in
such Plans, and shall remit to the Plan providers on a monthly basis in accordance with the City's
agreements with any Plan Provider, the BCC'S share of contribution required for such premiums
and coverages resulting from BCC employees' enrollment in the Plan. The BCC shall be fully
responsible for collecting and remitting all required sums from its employees.' BCC'S use of
Plan Provider agreements shall in no way bind the City.
2.3. It is understood and agreed that City shall not be responsible for any costs or
expenses, premiums, or contract requirements of BCC in connection with the BCeS use of
City's Plan Providers, and that BCC shall hold harmless and indemnify City, to the extent
permitted by law, for any costs or expenses whatsoever attributable to the BCC'S providing of
and making available such insurance coverage to and for BCC employees. BCC shall reimburse
City for any additional costs, if any and in addition to those specifically provided for in this
Agreement, incurred and documented by City in performing this Agreement.
S :\tJR\liI::NEfIT~~~C
2.4 Should BCC desire to have City provide any services in connection with the
provision of insurance benefits to BCC employees, a separate agreement or amendment to this
Agreement shall be required and mutually agreed upon by the parties.
2.5 City will provide reasonable assistance through its Human Resources
departmental staff to BCC to answer questions regarding Plans and Plan administration and in
contacting Plan Providers with BCC matters concerning the Planes).
2.6 BCC expressly understands and agrees that, subject to any separately negotiated
provisions between the BCC and any Plan Provider as provided for in Section 2.1 above, Plan
premiums, costs, benefits, and coverages may be changed by the City or City's Plan Provider
throughout the term of this Agreement.
2.7 Except as specifically provided in sections 2.8 and 2.9 of this Agreement, BCC
shall make all required payments directly to Plan Providers, which will bill and invoice BCC
separately from City, in accordance with the agreement between the BCC and the Plan Provider.
BCC shall have separate account numbers, separate accounts, and separate invoices with Plan
Providers.
2.8 ,BCC shall have no right to select any of the present or future Plan Providers of
the City; nor shall BCC have any right under this Agreement to determine coverages, premiums,
or terms and conditions of agreements between the City and any Plan Provider.
2.9 Should City purchase stop-loss coverage from. any Plan Provider, BCC agrees to
pay its share of the premium for such stop-loss coverage, apportioned based on the number of
BCC employees and the additional pooling charges assessed by Plan Provider(s). Unless
otherwise directed in writing by City, BCC shall pay City directly for this incremental cost in
advance on an annual basis. BCC shall pay City pooling charges in accordance with Exhibit
"B", a copy of which is attached hereto and made a part of this Agreement.
2.10 On a monthly basis, in advance, BCC shall pay the City an administrative charge
equal to Ten ($10.00) for each BCC employee enrolled in any Plan of the City. This
administrative charge shall cover a portion of the costs incurred to the City in assisting the
District and their employees with issues related to insurance and Plan coverages. .
ARTICLE 3 - TERM OF AGREEMENT
3.1 This Agreement shall be deemed to have commenced on 1, 2006, and shall
continue in full force and effect until terminated by either party in accordance with Article 5
below.
S__~tiR \8 I:J:~F FJ TS \8_('('
ARTICLE 4 - GOVERNMENTAL IMMUNITY
4.1 City is a state agency as defined in Chapter 768.28, Florida Statutes, and BCC is
a public agency created pursuant to Chapter 163, Florida Statutes. To the extent permitted by
law, each party agrees to be fully responsible for acts, omissions, and negligence of their agents,
officers, or employees. Nothing herein is intended to serve as a waiver of sovereign immunity
by any party to which sovereign immunity may be applicable. Nothing herein shall be construed
as consent by a state agency or political subdivision of the State of Florida to be sued by third
parties in any matter arising out of this Agreement or any other contract.
4.2 Both parties acknowledge that this an lnterlocal Agreement created pursuant to
Section 163.01, Florida Statutes, and that each party shall retain all legislative authority with
regard to its respective governing body. All of the privileges and immunities from liability;
exemptions from laws, ordinances, and rules; pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents or employees of
any public agency when performing their respective functions within the territorial limits for
their respective agency shall apply to the same degree and extent to the performance of such
functions and duties of those officers, agents, or employees extra-territorially under the
provisions of any lnterlocal Agreement.
ARTICLE 5 - TERMINATION
5.1 This Agreement ma,.y be terminated by either party by giving notice of termination
in accordance with Article 6 herein at least sixty (60) days prior to the expiration of any renewal
of a Plan or any new Plan, provided that such termination does not adversely impact the City in
its contractual relationships with Plan Providers. City may terminate the Agreement
immediately upon notice from any Plan Provider that BCC is not complying with plan
administration procedures or is not paying premiums to a Plan Provider in a timely manner, and
such default or breach by the BCC may adversely impact City's agreement with that Plan
Provider.
ARTICLE 6 - NOTICES
6.1 Any and all notices given or required under this Agreement shall be in writing and
may be delivered in person or by United States mail, postage prepaid, first class and certified,
return receipt requested, addressed as follows:
TO CITY:
City Manager
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
~'l::!Bil1lliEIlTS\BCC
With copy to:
City Attorney
100 East Boynton Boulevard
Boynton Beach, Florida 33435
TO BCC:
Arleen Dennison
Executive Director
BCC
129 E. Ocean Avenue
Boynton Beach, FL 33435
With copy to:
Kenneth Kaleel
BCC Attorney
555 N Congress Avenue #301
Boynton Beach, FL 33426
ARTICLE 7 - MISCELLANEOUS PROVISIONS
7.1 ASSIGNMENT: Neither party shall have the right to assign this Agreement
without the express mutual consentofthe other party.
7.2 DISPUTES: In the event that a party has a dispute with respect to the other
party's performance hereunder, the party shall notity the other party in writing in accordance
with Article 6, advising of the disputed matter. In the event that the disputed matter is not
resolved to the satisfaction of the BCC and the City, the dispute shall be submitted to a mediator
mutually agreed to by the parties before any litigation is brought.
7.3 WAIVER: The waiver by either party of any failure on the part of the other party
to perform in accordance with any of the terms or conditions of this Agreement shall not be
construed as a waiver of any future or continuing similar or dissimilar failure.
7.4 SEVERABILITY: If any terms or provisions of this Agreement, or the application
thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the
remainder of this Agreement, or the application of such term or provision, to any person or
circumstance other than those as to which it is held invalid or unenforceable, shall be deemed
valid and enforceable to the extent permitted by law.
7.5 ENTIRE AGREEMENT: It is understood and agreed that this Agreement
incorporates and includes all prior negotiations, agreements or understandings applicable to the
S_'J.:IR \flEJi~E1IS\IJ(1;
matters contained herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained in this
document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements, whether oral or written.
7.6 INDEPENDENT CONTRACTOR: City is an independent contractor under this
Agreement. Any services provided by City pursuant to this Agreement shall be subject to the
supervision of City. In providing such services, neither City nor its agents shall act as officers,
employees, or agents of the BCC. This Agreement shall not constitute or make the parties a
partnership or joint venture. It is understood and agreed that employees of the BCC are not
entitled to any benefits offered by the City to City employees, including those benefits offered by
Plan Providers pursuant to this Agreement. Any benefits to BCC employees are conveyed by
the BCe and at the cost, expense, and liability of BCC.
7.7 MODIFICATION: It is further agreed that no modifications, amendments or
alterations in the terms or conditions contained herein shall be effective unless contained in a
written document executed with the same formality and of equal dignity herewith..
7.8 CHOICE OF LAW; WAIVER OF JURY TRIAL: Any controversies or legal
problems arising out of this transaction and any action involving the enforcement or
interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of
the Fifteenth Judicial Circuit of Palm Beach County, Florida, the venue situs, and shall be
governed by the laws of the State of Florida. In the event any causes of action arising out of this
Agreement are pre-empted by federal law, any such contIOversies shall be submitted to the
jurisdiction of the United States District Court for the Southern District of Florida. To encourage
prompt and equitable resolution of any litigation that may arise hereunder, each party hereby
waives any rights it may have to a trial by jury of any such litigation.
7.9 DRAFTING: This Agreement has been negotiated and drafted by all parties
hereto and shall not be more strictly construed against any party because of such party's
preparation of this Agreement.
7.10 RECORDING: This Agreement shall be recorded in the public records of Palm
Beach County, in accordance with the Florida Interlocal Cooperation Act of 1969.
IN WITNESS WHEREOF, the parties have hereto set their hands and seals this
day of , 2006.
BOYNTON CULTURAL CENTRE, INC.
By:
Brian Edward, President
~;\l-IJSl6ENEf11Ji1,BCC.
ATTEST:
Susan Buchanan, Secretary
Approved as to form:
Kenneth Kaleel, BCC Attorney
CITY OF BOYNTON BEACH
Kurt Bressner, City Manager
Attest:
Janet Prainito, City Clerk
(CITY SEAL)
Approved as to form:
Office of the City Attorney
oS .\I-I/3.jJ1El'{EJ.IISl[l(;'(;
EXHIBIT "A"
Plan Providers
Medical - BlueCross BlueShield of Florida
BlueCare@ for large employer groups is an HMO product offered by Health Options, Inc. (HOI), a
subsidiary of Blue Cross and Blue Shield of Florida. The features of BlueCare@ are: .
. A full range of benefits for hospital, physician and other medical services
. Preventive care, such as routine physical exams, well-child care, immunizations and
health care screenings
. Predictable costs through pre-determined copayments for health benefits as long as
care and referrals are coordinated through a Primary Care Physician
Our BlueChoice@ PPO (Preferred Provider Organization) plan offers the freedom to choose any
doctor and hospital for care. However, members receive maximum benefits and are free from
claims filing and balance billing when they choose physicians and providers who participate in
the PPO network.
Our BlueOptionsSM PPO health insurance policy offers members the freedom to choose any
doctor and hospital for care. However, they can maximize their benefits, and free themselves
from claims filing and balance billing, by choosing physicians and providers who participate in
our NetworkBlues~ provider network. Additionally, members are protected from balance billing
when they receive covered services from an Out-of-Network provider who participates in our
Traditional Program Network.
Dental - MetLife Group Dental
Dental care is a part of healthy living, and for this reason a dental benefit plan is a highly
appreciated employee benefit. Yet,~many employers do not offer a dental benefit plan as part of
their overall benefits programs. This can add a financial burden for employees. Fortunately,
MetLife has the knowledge and innovation to offer a range of affordable dental benefit plans to
fit the needs of nearly all employers.
Vision - VisionCare Plan
VisionCare Plan offers employees and their dependents a benefit that covers all routine
eyecare, including eye exams and eyeglasses (lenses and frames) or contacts. The plan
features:
. In-Network and Out-of-Network benefits.
. Exam Plus, if you prefer contacts you get your exam plus an allowance for contacts in
place of lenses and frames.
Life & L TD
Jefferson Pilot provides life insurance and accidental death coverage to all employees and their
dependents.
Program Terms
The medical, dental and vision care programs are all annual programs with a contract renewal
date of October 151; however the programs are administered on a calendar year basis. The life
and AD&D are on a 3 year contract.
~lliE, \B E]\lEFITS\BC-C
EXHIBIT "B"
BOYNTON BEACH CULTURAL CENTRE. INC. (BCC)
Special Annual Pooling Charge Statement
Pooling
Rate and Annual
Type MontWy Pooling
Coverage Enrollment Total Expense
EO 2 $ 17.98 $ 431.52
ES 0 $ 36.85 $ 0.00
EC 0 $ 33.97 $ 0.00
EF 0 $ 42.7 I $ 0.00
TOTAL
2
$ 35.96
$ 431.52
Note: The above pooling charge calculation for BCC is based on enrollment during the last
month of the 12 month experience period upon which The City's 10/1/2005 renewal was
based. The actual annual expense charge will be prorated to the date of coverage and
accounted in October 2006. Should average enrollment be less than that shown above,
The City will reimburse BCC the amount of pooling expense charge overpaid. Should
the enrollment be less than that shown above, then BCC will pay The City the additional
pooling charge incurred. (actual annual enrollment times the above pooling expense
charge rates will equal the actual annual pooling expense charge for the 10/1/2005 -
9/30/2006 policy year.)
SlliR.\)JEJ:,,'F FIE,.\BC.G
iCc.~\~YO'<-,\
/ . \
l.. ~
Q\. IX
.0\ . .j!.J
i-;" _ .. /'~"
'"" ~
"0 hi ",
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C., S-
Requested City Date Final Form Must be
Commission MeetinQ Turned in to City Clerk's
Dates Office
D April 4, 2006 March 20, 2006 (Noon.)
D April 18, 2006 April 3, 2006 (Noon}
D May 2,2006 April 17, 2006 (Noon}
D May 16, 2006 May 1, 2006 (Noon)
Requested City Date Final Form Must be
Commission MeetinQ Dates Turned in to City Clerk's Office
D June 6, 2006
D June 20, 2006
D July 5, 2006
[2] July 18, 2006
May 15, 2006 (Noon}
June 5, 2006 (Noon}
June 19,2006 (Noon}
July 3, 2006 (Noon}
Announcement
D Development Plans
D New Business
D Legal
D Unfinished Business
D Presentation
NATURE OF
AGENDA ITEM
D Administrative
[8J
D
D
D
D
Consent Agenda
Public Hearing
Bids
City Manager's Report
RECOMMENDATION: Staff recommends Commission approval of Resolution R06- authorizing the
purchase of property owned by Benjamin W. Cain & Charlie M. Cain, located at 215 N.W. 10th Avenue for the price
of $190,000.00.
EXPLANATION: The acquisition of this property is essential to the implementation of the Heart of Boynton
project.
PROGRAM IMPACT: The continuance of Heart of Boynton property acquisition.
FISCAL IMPACT: Purchasing this particular property at this time is very cost effective as it does not trigger
any Uniform Relocation Rules. Funding of $190,000 is available through the capital budget account #302-4198-
580.61-01 for property acquisition in the Heart of Boynton area.
ALTERNATIVES: Purchase at a later date could prove to be more costly due to rising property values and
possible relocation regulations.
Department of Development
Community Improvement Division
Department Name
S:\Cornmunity Improvement\Agenda Requests\2006\CC7 -18 Cain.doc
1
2 RESOLUTION NO. R06-
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, AUTHORIZING THE ACQUISITION OF
6 PROPERTY FOR THE HEART OF BOYNTON
7 PROJECT FROM BENJAMIN W. CAIN & CHARLIE M.
8 CAIN AND AUTHORIZES THE MAYOR TO EXECUTE
9 ALL NECESSARY DOCUMENTS AND PROVIDING AN
10 EFFECTIVE DATE.
11
12 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to
13 be in the best interests of the citizens and residents of the City to accept the contract to acquire
14 property located at 215 N.W. 10th Avenue, Boynton Beach, owned by Benjamin W. Cain &
15 Charlie M. Cain, for the amount of $190,000.00, as part of the development of the Heart of
16 Boynton.
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 of this Resolution upon adoption
21 hereof.
22
Section. 2.
The City Commission of the City of Boynton Beach, Florida does
23 hereby authorize the acquisition of property from Benjamin W. Cain & Charlie M. Cain in the
24 amount of $190,000.00, for the development of the Heart of Boynton Project and a.uthorizes
25 the Mayor to execute all necessary documents.
26
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO\Real Estate\Purchase from Cain - HOB Project.doc
1 PASSED AND ADOPTED this _ day of July, 2006.
2
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7
8 Mayor - Jerry Taylor
9
10
11
12 Vice Mayor - Carl McKoy
13
14
15
16 Commissioner - Robert Ensler
17
18
19
20 Commissioner - Mack McCray
21
22
23
24 Commissioner - Muir C. Ferguson
25 Attest:
26
27
28
29 City Clerk
30
31 (Corporate Seal)
32
S:\CA\RESO\Real Estate\Purchase from Cain - HOB Project.doc
['Iient FilE' #.
l\nnraisal FilE' #"
21006
_J
'~~~~1.
Summary Appraisal Report - Residential
---~ ~-~~- ------------~-----------------
AI Reports
'HAPIN APPRAISAL~ILSERY~__
WY I #]11
Fax:
56] -799-0393
Web:
A raiser:
AIM m shi
fes iona] Affili tion"
Co-A raiser:
E-mai]:
Contact:
DEBBIE REAMSNYDER
----------------------~-------
COWl
POINCIANA HEIGHTS, LT], BLK I, PB 26 P ]83 _
State:
Zi 33435
RE Taxes:
rior to effective date of value:
----------------.--------------------- ----------------- -~--
------,-----~---- --._~----._------ -- -----~---------
-------------------------.- ---_._~----,---~ - -------------~-_._------
Descri tion and anal sis of agreements 'pf sale (contracts ). listings, and options:
N/A NOT A SALE
~---------------- -- ~-----------'-~-.
._----~---" -,.~~-~-._---------------------~,-~---._--~-~--
Indication ofVa]ue b roach
Indication of Value b
In i . n f In m r a
Final Reconciliation of the Methods and A roaches to Value:
-------------~'----'-----------_._~----,---~-
--~---,--- --~------------,---------~-- ---._---------------- -.--.---------..--------
.~------~----------------~------------------------~--
Opinion of Value as of: 03/24/2006
S n ~ I-I
--~-~--- -------~-----_._----.- ._------~--"----
$
r Ir r I
mli
al
hAssi
I Par
175 000
t r "0
.. NOTICE: The: Appraisal Institule publishes the Summary' Appraisal Reporl - Resideofial form for use by appraisers where the appraiser deems use of the form appropriale
Depending on the assignment. Ihe appraiser may need 10 provide additional data. analysis and work product not called for in Ihe Summar)' Appraisal Reporl- Residential
form. The Appraisal Institute plays no role in completing the form and disclaims any responsibility for the data, analysis or any olhcr work product provide_~.Er..~~.~_...._..,.____...___
individu,lapp,ai,e,(,) I Powaa:l~~1!'!!lliIr.iII[~
AI ReportsTM Form AI-IOO.OJ Summary Appraisal Report - Residential ('; Appraisallnslitule 2005 11/08/05
CHAPIN APPRAISAL & REAL ESTATE
PLA T MAP
21006
Property Address 215 NW 10th AVE
City BOYNTON BEACH County
Lender CITY OF BOYNTON BEACH
PALM BEACH
State ~Zip Code
33435
{) ~
h.
~-
l;.,
k
"
CHAPIN APPRAISAL & REAL ESTATE
f!l\
\V
DEPARTMENT OF DEVELOPMENT
Community Improvement Division
Memorandum
CID 06-049
TO:
FROM:
DATE:
RE:
Jim Cherof, City Attorney
Octavia S. Sherrod, Community Improvement Manag
June 29,2006
HOB Propert~ Acquisition / Benjamin Walker & Charlie Merrill Cain
215 N.W. 101 Avenue, Boynton Beach, Florida 33435
Please find attached the executed agreements for the City's purchase of the property referenced
above. As requested, I have enclosed a copy of their driver's licenses and social security cards. This
I
office has prepared an agenda memorandum to place on the City Commission meeting of July 18,
2006.
An environmental review was completed on an earlier date which includes this parcel, and no
adverse conditions were revealed, An escrowed payment of $1,000.00 was submitted to your office
earlier this month.
OSS:dar
Attachments
S;~~\A~~~~@oo
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
THIS AGREEMENT ("Agreement") is made and entered into on this _ day of June,
2006 by and between the City of Boynton Beach, a Florida municipal corporation (hereinafter
referred to as "PURCHASER") and Benjamin W. Cain and Charlie M. Cain, husband and wife
(hereinafter referred to as "SELLER").
WITNESSETH
In consideration of the mutual agreements and upon and subject to the terms and conditions
herein contained, the parties hereto agree as follows:
1. DEFINITIONS.
The following terms when used in this Agreement for Purchase and Sale shall have the
following meanings:
1.1 Property. That certain real property located at 215 NW 1 0 Avenue, Boynton
Beach, Florida 33435 together with a building thereon and attached personal property (collectively
the "Property) which Property is more particularly described with the legal description in Exhibit
"A," attached hereto and made a part hereof.
1.2 Closing. The delivery of a General Warranty Deed to PURCHASER
concurrently with the delivery of the purchase price and other cash consideration to SELLER.
1.3 Closing Date. The Closing Date shall occur within sixty (60) days from the
Effective Date.
1.4 Deed. A General Warranty Deed, in its statutory form, which shall convey
the Property from SELLER to PURCHASER.
1.5 Earnest Money. The sum of One Thousand and 00/100 ($1,000.00) Dollars
has been delivered from PURCHASER to Escrow Agent pursuant to Section 2.1 set forth herein.
1.6 Effective Date. The Effective Date ofthis Agreement shall be the date upon
its execution by all parties to this Agreement: SELLER, PURCHASER and the Escrow Agent.
1.7 SELLER'S Address. Seller's mailing address is 148 NW 16 Avenue,
Boynton Beach, FL 33435.
1.8 PURCHASER'S Address. Purchaser's mailing address is 100 E Boynton
Beach Boulevard, Boynton Beach, Florida 33425, with copy to Goren, Cherof, Doody & Ezrol, P.A.,
Attn: Donald J. Doody, Esq., at 3099 East Commercial Boulevard, Suite 200, Florida 33308.
Page I
1.9 Other Definitions. The terms defined in any part of this Agreement shall
have the defined meaning wherever capitalized herein. Wherever appropriate in this Agreement, the
singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of each
gender shall be deemed to comprehend either or both of the other genders. As used in this
Agreement, the terms "herein", "hereof" and the like refer to this Agreement in its entirety and not to
any specific section or subsection.
2. PURCHASE PRICE.
Subject to the provisions of this Agreement, the SELLER hereby agrees to sell to
PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Property previously
identified on Exhibit "A" for the total Purchase Price of One Hundred Ninety Thousand
($190,000.00) Dollars and upon and subject to the terms and conditions hereinafter set forth.
2.1 Earnest Money. Concurrently with the execution of this Agreement,
PURCHASER shall deposit and cause to be placed in an interest bearing escrow account maintained
by Goren, Cherof, Doody & Ezrol, P.A. ("Escrow Agent") in the amount of One Thousand Hundred
($1,000.00) Dollars ("Earnest Money").
Purchaser's obligation to close the transaction in accordance with provisions of this
Agreement is contingent upon the SELLER'S ability to deliver good and marketable title for the
Property in accordance herewith, Should the SELLER default hereunder, the PURCHASER shall be
entitled to an immediate refund of the entire sum ofthe Earnest Money held by the Escrow Agent. At
Closing, a copy of the closing statement signed by both parties hereto shall be conclusive evidence of
the SELLER'S right to receive the Earnest Money deposit.
2.2 Balance of Purchase Price. PURCHASER shall pay the balance of the
Purchase Price to SELLER at Closing pursuant to the terms of this Agreement by wire transfer of
readily negotiable funds to an accOlmt identified in writing by SELLER.
3. INSPECTIONS.
PURCHASER shall have a forty-five (45) days commencmg on the Effective Date to
perfonn inspections of the property as the PURCHASER deems necessary ("Inspection Period").
During the Inspection Period, PURCHASER shall, at its sole cost and expense, detennine that utility
services including, water, waste water, electric, telephone and all other utilities are available in the
proper size and capacity to serve the existing facilities and installed to the property lines, At all times
Page 2
during the Inspection Period, PURCHASER and its agents shall be provided with reasonable access
during normal business hours to the Property for purposes of on-site inspection, upon reasonable
prior Notice to SELLER. The scope of the inspection contemplated herein shall be determined by the
PURCHASER as deemed appropriate under the circumstances. In the event that any inspections and
any review of documents conducted by the PURCHASER relative to the Property during this
Inspection period prove unsatisfactory in any fashion, the PURCHASER, at its sole discretion, shall
be entitled to terminate this Agreement prior to the end of the forty-five (45) day Inspection Period.
PURCHASER will provide written notice by mail or facsimile to SELLER and/or SELLER'S counsel
and receive an immediate refund of all Earnest Money deposits plus interest paid hereto in the event
the PURCHASER determines that the Property is unsuitable during the Inspection Period or proceed
to Closing as set forth herein.
4. SELLER'S REPRESENTATIONS.
To induce PURCHASER to enter into this Agreement, SELLER makes the following
representations, all of which, to the best of their knowledge, in all material respects and except as
otherwise provided in this Agreement (i) are now true, and (ii) shall be true as of the date of the
Closing unless SELLER receives information to the contrary, and (iii) shall survive the Closing. In
that event, PURCHASER shall be provided immediate notice as to the change to the following
representations:
4.1 At all times from the Effective Date until prior to Closing, SELLER shall
keep the Property (whether before or after the date of Closing) free and clear of any mechanic's or
materialmen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER
prior to the Closing, and SELLER shall indemnify, defend and hold PURCHASER harmless from
and against all expense and liability in connection therewith (including, without limitation, court
costs and reasonable attorney's fees).
4.2 SELLER has no actual knowledge nor has SELLER received any notice of
any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by
any organization, person, individual or governmental agency which would affect (as to any threatened
litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of
the Property or any part thereof or which would otherwise relate to the Land.
4.3 SELLER has full power and authority to enter into this Agreement and to
assume and perform their obligations hereunder in this Agreement. SELLER does not and will not
Page 3
conflict with or result in the breach of any condition or provision, or constitute a default under, or
result in the creation or imposition of any lien, charge, or encumbrance upon any of the Property or
assets of the SELLER by reason of the terms of any contract, mortgage, lien, lease, agreement
indenture, instrument or judgment to which the SELLER is a party of which is or purports to be
binding upon the SELLER or which affects the SELLER; no action by any federal, state or municipal
or other governmental department, commission, board, bureau or instrumentality is necessary to make
this Agreement a valid instrument binding upon the SELLER in accordance with its terms.
4.4 SELLER represents that they will not, between the date of this Agreement
and the Closing, without PURCHASER'S prior written consent, which consent shall not be
unreasonably withheld or delayed, except in the ordinary course of business, create by their consent
any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall
mean any liens, claims, options, or other encumbrances, encroachments, rights-of-way, leases,
easements, covenants, conditions or restrictions.
4.5 SELLER represents that there are no parties other than SELLER In
possession of the Property or any portion of the Property as a lessee.
4,6 SELLER shall not list or offer the Property for sale or solicit or negotiate
offers to purchase the Property while this Agreement is in effect SELLER shall use its best efforts to
maintain the Property in its present condition so as to ensure that it shall remain substantially in the
same condition from the conclusion of the thirty (30) day Inspection Period to the Closing Date,
5. EVIDENCE OF TITLE.
5.1 Title to the Property. SELLER shall convey to PURCHASER at Closing, by
delivery of a General Warranty Deed, title to the subject Property, PURCHASER shall, within
fifteen (15) days of the commencement of the Inspection Period, secure a title insurance commitment
issued by a title insurance underwriter approved and selected by PURCHASER for the Property
insuring PURCHASER'S title to the Property subject only to those exceptions set forth in the
commitment The costs and expenses relative to the issuance of a title commitment and an owner's
title policy shall be borne by the PURCHASER.
PURCHASER shall have fifteen (15) days from the date of receiving said
commitment to examine the title commitment If PURCHASER objects to any exception to title as
shown in the title commitment, PURCHASER within ten (10) days of expiration of the Inspection
Page 4
Period shall notify SELLER in writing specifying the specific exception(s) to which it objects. Any
objection(s) of which PURCHASER has so notified SELLER, and which SELLER chooses to cure,
shall be cured by SELLER so as to enable the removal of said objection(s) from the title commitment
within ten (10) days after PURCHASER has provided notice to SELLER. Within five (5) days after
the expiration of SELLER'S time to cure any objection, SELLER shall send to PURCHASER a
notice in writing (a "cure notice") stating either (1) that the objection has been cured and in such case
enclosing evidence of such cure, or (ii) that SELLER is either unable to cure or has chosen not to
cure such objection, If SELLER shall be unable or unwilling to cure all objections within the time
period set forth in the preceding sentence, then PURCHASER may (a) terminate this Agreement by
written notice to the SELLER within five (5) days after receipt of a cure notice specifying an uncured
objection, in which event all instruments and monies held by the Escrow Agent shall be immediately
returned to PURCHASER; or (b) subject to the provisions set forth below, proceed to close the
transaction contemplated herein despite the uncured objection.
5.2. Survey and Legal Description. Within ten (10) days of the commencement of
the Inspection Period, PURCHASER at its own expense shall order: (i) a survey prepared by a
registered land surveyor or engineer licensed in the State of Florida showing the boundaries of the
land, and the location of any easements thereon and certifying the number of acres (to the nearest one
thousandth acre) of land contained in the Property, all buildings, improvements and encroachments;
and (ii) a correct legal description of the Property which, upon approval thereof by PURCHASER
and SELLER (not to be unreasonably withheld), shall be the legal description used in the deed of
conveyance. The survey and legal description shall be prepared and certified by a surveyor licensed
and registered in the State of Florida and shall comply with the requirements of the survey map
established in connection with the issuance of an owner's title insurance policy on the Land. The
survey shall be certified to PURCHASER and the title insurance company issuing the title insurance.
6. PURCHASER'S REPRESENTA nONS.
PURCHASER hereby represents and warrants to the best of their knowledge that all of the
following are true and correct:
(a) PURCHASER has full power and authority to enter into this Agreement and
to assume and perform all of its obligations hereunder.
(b) The execution and delivery of this Agreement and the perfonnance by
PURCHASER of the obligations hereunder have been duly authorized by the
Page 5
pertinent governmental authorities in compliance with Chapter 166 of the Florida
Statutes, the City of Boynton Beach Charter and Code of Ordinances, as may be
required, and no further action or approval is required in order to constitute this
Agreement as a binding obligation ofthe PURCHASER.
(c) The execution and delivery of this Agreement and the consummation of the
transaction contemplated hereunder on the part of the PURCHASER do not and will
not violate the corporate or organizational documents of PURCHASER and will not
conflict with or result in the breach of any condition or provision, or constitute a
default under, or result in the creation or imposition of any lien, charge or
encumbrance upon any of the terms of any contract, mortgage, lien, lease,
agreement, indenture, instrument or judgment to which the PURCHASER is a party.
(d) No action by any federal, state, municipal or other governmental
department, commission, board, bureau or instrumentality is necessary to make this
Agreement a valid instrument binding upon PURCHASER in accordance with its
terms and conditions.
All of the representations, warranties and covenants of PURCHASER contained in this
Agreement or in any other document, delivered to SELI~ER in connection with the transaction
contemplated herein shall be true and correct in all material respects and not in default at the time of
Closing, just as though they were made at such time.
7. CONDITIONS PRECEDENT TO CLOSING.
Each of the following events or occurrences ("Conditions Precedents") shall be a condition
precedent to PURCHASER'S obligation to close this transaction:
(a) That the PURCHASER has not timely notified SELLER that is not satisfied
with the Inspection Period investigation conducted on the Property during
the Inspection Period.
(b) SELLER has performed all covenant, agreements and obligations, and
complied with all conditions required by this Agreement to covey clear and
marketable title of the Property to PURCHASER, prior to closing.
(c) Approval of this Agreement by the City Commission of the City of Boynton
Beach on or before , 2006.
Page 6
8. RISK OF LOSS.
Risk of loss or damage from fire, other casualty, or both, is assumed by SELLER until the
deed described in Paragraph 5.1 hereof is delivered by SELLER to PURCHASER. In the event any
portion of the Property is destroyed, rendered unleaseable or dysfunctional by fire or other casualty
then the following shall apply:
(a) If the damage, as determined by the insurance adjuster, is not more than
$10,000.00: (i) PURCHASER shall complete settlement and all insurance
proceeds relating to the improvements damaged by such casualty loss shall
be paid to the PURCHASER, and (ii) SELLER shall assign to
PURCHASER on the date of Closing the full amount of any proceeds
payable under SELLER'S fire and extended coverage insurance policy
applicable to said damage;
(b) If the damage, as detennined by the insurance adjuster, is more than Ten
Thousand ($10,000.00) DOLLARS, PURCHASER shall have the option to
(i) complete the settlement hereunder and collect all available insurance
proceeds relating to the improvements damaged by such casualty loss, in
which case SELLER shall pay to PURCHASER on the date of Closing the
full amount of any deductible under SELLER'S fire and extended coverage
insurance policy, or (ii) terminate this Agreement and receive a refund of
entire deposit and interest. SELLER warrants that it shall maintain until the
date of the Closing adequate "All Risk" property insurance; and:
(c) In the event the Property, or any portion thereof, is condemned by any
governmental authority under its power of eminent domain or becomes the
subject of a notice of condemnation, prior to Closing, PURCHASER may
elect to terminate this Agreement, in which event the entire deposit and
interest shall be returned to PURCHASER and neither party shall have any
further claim against the other, or PURCHASER may elect to complete
settlement hereunder, in which event SELLER shall assign to PURCHASER
all of SELLER'S right, title and interest in and to any condemnation awards,
whether pending or already paid applicable to the loss of the real property
and the improvements located thereon, and there shall be no adjustment to
Page 7
the Purchase Price,
9. CLOSING DOCUMENTS.
At closing, SELLER shall deliver to PURCHASER a General Warranty Deed, Bill of Sale, if
applicable, No Lien/Gap Mfidavit, Non-Foreign Certification in accordance with Section 1445 of the
Internal Revenue Code, 1099 Form and any other documents as listed as title requirements in
Schedule B-1 of the Title Commitment to assure the conveyance of good and marketable fee simple
title of the Property to the PURCHASER.
At closing, PURCHASER shall deliver to SELLER a certified copy of the resolutions,
minutes or agenda actions of the pertinent meeting of the City Commission showing that
PURCHASER has been authorized to enter into and execute this Agreement and consummate the
transaction herein contemplated.
10. CLOSING COSTS. TAXES AND PRORATIONS.
10.1 Ad Valorem Taxes. PURCHASER and SELLER shall comply with Section
196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of
closing into escrow with the Palm Beach County Revenue Collector. In the event that, following the
Closing, the actual amount of assessed real property tax on the Property for the current year is higher
than any estimate of such tax used for purposes of the Closing, the parties shall re-prorate any
amounts paid or credited based on such estimate as if paid in November. This shall survive the
Closing.
10.2 Seller's Closing Costs. SELLER shall pay for the following items prior to or at
the time of closing:
a) Cost of providing marketable title as provided herein, and
b) Documentary Stamps on the deed as provided under Chapter 201, Florida
Statutes.
10.3 Purchaser's Closing Costs. PURCHASER shall pay for the following items
prior to or at the time of Closing:
a) Costs associated to appraisals, survey, environmental reports (phase I and
phase ll);
b) Recording fees of the Warranty Deed, Mortgage, if any, and any other
instrument as required to be recorded in the Public Records;
Page 8
c) Owner's title insurance policy (normally a Seller's charge in Palm Beach
County).
11. CLOSING DATE AND PLACE.
The Closing will take place on or within sixty (60) days from the Effective Date at the law
offices of Goren, Cherof, Doody & Ezrol, P.A located at 3099 East Commercial Boulevard, Suite
200, Fort Lauderdale, Florida 33308.
12. DEFAULT.
In the event of a default by SELLER, PURCHASER shall have the election of the following
remedies, which shall include the return of the earnest money, and accrued interest as liquidated
damages or equitable relief to enforce the tenns and conditions of this Agreement either through a
decree for specific performance or injunctive relief.
If the PURCHASER shall fail or refuse to consummate the transaction in accordance with
the tenns and provisions of this Agreement, all monies on deposit and interest earned on the deposit
shall be immediately forfeited to SELLER as agreed upon liquidated damages and PURCHASER
shall have no other responsibility or liability of any kind to SELLER by virtue of such default.
SELLER'S sole and entire remedy shall be restricted to retention of the deposit plus all accrued
interest.
13. BROKER:
The parties each represent to the other that they have not dealt with any real estate broker,
real estate salesman or finder in conjunction with this transaction who is entitled to a fee or
brokerage commission in accordance with Florida law.
14. ENFORCEABILITY.
If any provision in this Agreement shall be held to be excessively broad, it shall be construed,
by limiting and reducing it, to be enforceable to the extent compatible with applicable law. If any
provision in this Agreement shall, notwithstanding the preceding sentence, be held illegal or
unenforceable, such illegality or unenforceability shall not affect any other provision of this
Agreement.
Page 9
15. NOTICE.
All written notices shall be deemed effective if sent to the following places:
PURCHASER:
With Copy to:
SELLER:
With a Copy to:
ESCROW AGENT:
City of Boynton Beach
lOO E Boynton Beach Boulevard
Boynton Beach, Florida 33425
Attn: Octavia Sherrod
Community Improvement Manager
Donald J, Doody, Esq.
GOREN, CHEROF, DOODY & EZROL, P.A.
3099 East Commercial Boulevard, #200
Fort Lauderdale, Florida 33308
Tel: (954) 771-4500
Fax: (954) 771-4923
Benjamin W. Cain
Charlie M. Cain
148 NE 1 6th Avenue
Boynton Beach, FL 33435
GOREN, CHEROF, DOODY & EZROL, P.A.
3099 East Commercial Boulevard, #200
Fort Lauderdale, Florida 33308
16. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of Florida. Venue shan be in the
Federal or State Courts in Palm Beach County, Florida.
17. ENTIRE AGREEMENT.
All prior understandings and agreements between SELLER and PURCHASER are merged in
this Agreement This Agreement completely expresses their full agreement.
18. AMENDMENT.
No modification or amendment of this Agreement shan be of any force or effect unless in
writing and executed by both SELLER and PURCHASER.
Page 10
19. SUCCESSORS.
This Agreement shall apply to and bind the executors, administrators, successors and assigns
of SELLER and PURCHASER.
20. COUNTERPARTS:
This Agreement may be executed in two or more counterparts, each of which shall be taken
to be an original and all collectively deemed one instrument. The parties hereto agree that a facsimile
copy hereof and any signatures hereon shall be considered for all purposes as originals.
21. LITIGATION COSTS:
In connection with any litigation arising out of this Agreement, the prevailing party shall be
entitled to recover from the non-prevailing party all costs and expenses incurred, including its
reasonable attorney's fees at all trial and appellate levels and post judgment proceedings,
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
indicated above:
Witnesses:
PURCHASER:
City of Boynton Beach
By:
Title:
Signed on:
....
cJ,
~U> \"~0~
Signed on:
Page 11
@~
\~~A ~jL
(!{~ /77.
Charlie M. Cain
Signed on: fI /~q /O~
/ I
ESCROW AGENT
Accepted and Agreed to:
GOREN, CHEROF, DOODY & EZROL, P.A.
By:
H:\2006\060336\06-02-01 Agreement for Purchase and Sale doc
/1"
L~
Signed on: _____
Pagy 12
EXHBIT "A"
LEGAL DESCRIPTION
Lot 1, Block 1 of POINCIANA HEIGHTS, according to the Plat thereof as recorded in Plat Book 26
Page 183 of the Public Records of Palm Beach County, Florida.
H:\2006\060336\06-06-22 Agreement for Purchase and Sale.doc
Page 13
~,'\1'Y OI:>-
I ..
f - - - '---
~o~\,' ..... ~c
1- ~.__. ~
?'"ON'i:>
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM C.6.
AGENDA ITEM REQUEST FORIVJ
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)
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 July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) ~ July 18, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NA TURE OF ~ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Approve change order #5 for the Library Expansion Project in the amount of$441,517 to
cover the cost escalations to the Contractor from the subcontractors. Approve Owner Equipment Budget in the
amount of $137,137 as required for building expansion and operations. Total request for approval equals $578,654.
EXPLANA TION: This contract adjustment is to cover additional subcontractor increases due to material shortages
and cost escalations in material, labor and transportation since the original bid of August 2004. (See Exhibit A).
The Contractor renegotiated contracts with subcontractors in the order of urgency to the project so that the
construction schedule will not be delayed. It is difficult, if not impossible, to get quotes that are good for longer than
30 to 60 days out. The project team is working hard to minimize cost increases by value engineering the project
without causing substantial impact to the project.
Monthly Status Report: June 2006 (see Exhibit B) - The roof slab was poured on June 21, 2006 and the roofing shall
begin in early July. The building should be dried in by the end of July allowing work to proceed without the threat of
weather delays.
Construction Schedule (see Exhibit C) - The project's anticipated schedule of substantial completion is for late
February of 2007 based on the delays by the unforeseen Bellsouth 600 pair cable, the moving of an FP&L pole and the
loss of time due to Hurricane Wilma.
Change Order Log (see Exhibit D).
Exhibit A
Change Order #5 includes the following increases:
A) Underground Plan Review $ 4,509
B) Caulking and Waterproofing 207
C) Drywall/Stucco $127,964
D) Glass/Glazing $ 49,844
E) Building Department/PR#3 $ 16,895
F) Additional Survey $ 325
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
G) Layout Bell South Underground
H) More Survey
I) Temporary Entry Demolition
J) Flooring Carpet VCT Ceramic Tile
K) Expansion Joint Cover
L) Built Up Light Weight/Metal Roofing
M) Acoustical Ceiling
N) Painting
0) Display Cases
P) Toilet Partitions
Q) Storage Shelving
R) Media Center Equipment
S) Appliances
T) Window Treatment
U) Site Issues
V) Irrigation
W) Landscaping
X) Chalk and Tackboards
Y) Flag Pole
Z) Elevator
AA) Operable Partition
BB) Floor Mats
CC) Doors and Frames
$ 1,082
$ 1,082
$ 31,301
$ 10,695
$ 286
$ 87,778
$ 21,439
$ 32,027
$ 4,120
$ 1 ,472
$ 3,182
$ 2,524
$ 522
$ 614
$ 20,984
$ 6,199
$ 4,949
$ 239
$ 96
$ 1,325
$ 795
$ 764
$ 8,298
Owner Equipment Budget includes the following additions to maintain effective Library Operations. This equipment
was not previously taken into consideration. These costs are based on research quotes. Items A & H are currently
going out to bid and should not exceed the following cost estimates.
A) Voice & Data Wiring
B) Voice & Data Equipment
C) Wireless Equipment/Switches
D) Public Address (P A) System
E) Burglar Alarm System & Wiring
F) Access Door Control System (4) Doors
G) Book Drop
H) Digital Security Management System
$36,693
$ 8,590
$21,245
$ 2,625
$15,900
$ 7,200
$ 6,000
$38,884
PROGRAM IMPACT: To keep the project according to schedule, the items included in this change order need to be
approved. The owner equipment is required for effective library operations and need to be approved.
FISCAL IMP ACT: Change Order #5 adds $441,517 to the contract sum bringing the contract total to date of $7,078,810.
Adds $137,137 to pay for owner equipment. Total amount offunds to come from the general CIP account equals $578,654.
ALTERNATIVES: The only alternative would be to stop the project and look for other bidders that could supply the
products. This would lead to more delays in addition to product cost escalations.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Library
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
~
II
I
1
2
3
4
5
6
7
8
9
10
11
RESOLUTION NO. R06-
A RESOLUTION OF THE CITY OF
BEACH, FLORlDA, AUTHORIZING CHANe
005 'VITH SESSOMS CONSTRUCTION I
BOYNTON BEACH LIBRARY
INCREASING TilE CONTRAC:T SlJ1\1 BY S
AND PROVIDING AN EFFECTIVE DATE.
'VHEREAS, the City of Boynton Beach has reviewed C.
.IS
12 detcnnined that the contract changes set forth therein arc both neCL
13
NO\V, THEREFORE, BE IT RESOLVED BY THE C:
IF
14 THE CITY OF BOYNTON BEACH, Fl,ORIDA, THAT:
15
Section 1.
The foregoing "Whereas" clauses are hereb~
IS
16 being true and correct and are hereby made a specific part of this'
.n
17 hereof
18
Section 2,
The City Commission of the City of BOY1
;S
19 hereby authorize and direct the approval and execution of Change
It
20 of $441,517 ,()O with Sessons Construction for contract services I,
n
21 Project, a copy of which is attached hereto as Exhibit "A". The Ile'
\J
~
22 all prior change orders is $7,078,810.00.
23
Section 3,
This Resolution shall become effective imml
24
PASSED AND ADOPTED this
day of July, 2006,
25
26
27
28
S:\CA\RESO\CHANGE ORDERS\Library Project CO 005,doc
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ClTY OF BOYNTON BEACH, FLORIDA
Mayor Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
ATTEST:
Commissioner- Muir C. Ferguson
City Clerk
(corporate seal)
S:\CA\RESO\CHANGE ORDERS\Library Project CO 005,doc
.i~.AIA~')
~~,~:
".''''
-
Document G7011M - 2001
Change Order
ARCHITECT'S PROJECT NUMBER: OJ20R02
CONTRACT DATE: May 04. 2005
CONTRACT FOR: General Constmction
OWNER [.><J
ARCHITECT [.><J
CONTRACTOR: [.><J
FIELD: [J
OTHER: 0
PROJECT (Name ond oddress):
Boynton Beach Library
208 South Seacreq BInI.
Boyntun Beach. rI ,\3435
TO CONTRACTOR (Name and address):
Sessoms Constmctiun
7485 Davie Rd. Ext.
Hollywood, FL J3024
CHANGE ORDER NUMBER: 00"
DATE: June 15.2006
~~---_.._-_..-_._-~~---~.~---------
THE CONTRACT IS CHANGED AS FOLLOWS:
(Include, where applicable, any IIndlspllled al1l0llnla/lrilmwble 10 previollslY exl'ClIled Conslruclion Chunge Directives)
A) Undeground Plan Review... .$4,509.00
m Caulking and Waterproofing...... . .$207.00
C) Drywall/Stucco... ..$127,964.00
D) Glass/Glazing.... .$49,844.00
F) Building Depar1ment/PR#J . . .$16,89500
I') Additional Survey.....$325.00
G) Layout of unknown Bellsouth underground.... $ 1.082.00
1I) More Survey.. $1.082.00
I) Tempurary Entry Demoilition.......... . . ...$31301.00
J) Flooring CaJ1xt VCT Ceramic Tile......$1 0,695.00
K) Expansiun Joint COWl. .. .$286.00
L) Built up light Weight/Metal Roofing ...$87,778.00
1\1) Acuustical Ceiling... ....$21,439.00
N) Painting. .. ...$32,02700
0) Display Cases.. ....$4,1'20.00
P)TuiletPar1itions.. ..$ I A72.00
Q) Storage Shelving. . .$3,182.00
R) Media Center Equipment....... ..$2,524,00
S) Appliances.. .$522.00
T) Window Treatment.... . . .$6 ] 4.00
lJ) Site Issues. ...$20.984.00
V) Irrigation... .. ...$6,199.00
W) Landscaping...$4,949.00
X) Chalk and Tackboards. ..$239.00
Y) Flag Pole... .. ..$96.00
Z) EJevalor ...$ 1.325.00
AA) Operable Partition.. .$795.00
BB) Floor mats.. ...$764.00
CC) Doors and Frames..... ..$8.298.00
The original Contract Sum was
The net change by previously authorized Change Orders
The Contract Sum prior to this Change Order was
The Contract Sum will be increased by this Change Order in the amount of
The new Contract Sum including Ihis Change Order will be
The Contract Time will be increased by Zero ( 0 ) days.
The date of Substantial Completion as of the date of this Change Order therefore is January 2\, 2007
$ 5,727,485.00
$ 909,80800
$_ !2,637.293.00
$ __ ::0.!.o:i!LQ9
$__J ,078,8\ O..cOO
NOTE: ~~:::?~e~~~~s :~~:::cJUde changes in tHe Contract SHm, Contract Time or G~~~a~~~~d ~~'::~:::~:;:~c~
ffiwe-heen uHt " ;' r . Chan~~ Directive until the cost and time Rave beeR agreed upon b~ both tAc Owner and
G~t~ca~;e a Change Order is exeeHted 10 supersede tAe ConstnlClion Change Directive.
AlA Document G701T.. _ 2001. Copyright @ 1979,1987,2000 and 2001 by The American Instilllle of Architects. All rights reserved. WARNING: This
AlA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or 1
any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This
document was produced by AlA software at 09:22:02 on 06/27/2006 under Order No.1 000228140_2 which expires on 3/21/2007, and is not for resale.
User Notes: (1023122880)
NOT VALID UNTil SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER.
SchenkelShultz Architecture
ARCHITECT (Flml name)
1300 N. Congress Avenue, West Palm
Beach. rL 33409
ADDRESS
t?t;,.2J..o,4
DATE
Sessoms Conslruclion
CONTRACTOR (Finn name)
7485 Davie Rd. Ex\., Hollywood, FL
3~
;;J;z;7~
Lee Sessoms
(T)ped name)
010/ 0'2; Jo~
DATE
City of Boynton Beach
OWNER (Firm //ame)
208 South Seacrest Blvd.. Bounton
Beach, FL 33435
ADDRESS
BY (Slg//olure)
Mayor Jerry Taylor
(Typed name)
DATE
AlA Document GlatT>> - 2OOt. Copyright @ 1979,1987.2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This
AJA" Document is proJected by U.S, Copyright law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or 2
any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This
document was produced by AlA software at 09:22:02 on 06/27/2006 under Order NO.1 000228140_2 which expires on 3/21/2007, and is not for resale.
User Notes: (1023122880)
1 RESOLlJTION NO. R06-
2
3 A RESOLIJTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING ADDITIONAL
5 EXPENDITURES OF $]37,137 FOR ADDITIONAL
6 O\VNER EQUIPMENT BUDGET: AND PROVIDING
7 AN EFFECTIVE DATE.
8
9
10 \VHEREAS, the City of Boynton Beach has an administrative request to add
11 additional equipment to the library project and has determined that the changes are both
12 necessary and appropriate, The increases are rel1ected in the Agenda Item Request Form.
13 NO\V, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
14 THE CITY OF BOYNTON BEACH, FLORlDA, THAT:
15
Section I,
The foregoing "Whereas" clause is hereby ratified and confimled as
16 being true and correct and are hereby made a specific part of this Resolution upon adoption
17 hereof
18
Section 2.
The City Commission of the City of Boynton Beach, Florida does
19 hereby authorize and direct the approval of the administrative recommendation to add
20 additional equipment to the Library Project as a cost 01'$137,137.00,
21 With this additional equipment, the total library project costs, including all prior
22 contract change orders (through Change Order 005), is $7215,947.00.
23
Section 3.
This Resolution shall become effective immediately upon passage.
24
PASSED AND ADOPTED this
day of July, 2006,
25
26
27
S:\CA\RESO\CHANGE ORDERS\Library Project CO 006.doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 ATTEST:
20
21
22 City Clerk
23
24 (corporate seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor- Jerry Taylor
Vice Mayor -- Carl McKoy
Commissioner - Robert EnsJer
Commissioner - Mack McCray
Commissioner - Muir C. Ferguson
S:\CA\RESO\CHANGE ORDERS\Library Project CO OOB.doc
i , c , 1 i i
<.>> <.>> <.>> N N N N N N N N "i N U; c;, ~ c;, c;,
N ~ 0 '" 0> ...... Q) Ln .". <.>> N 0
_.- -. -- _..- ---- - ---- -- ---- -~ -. - -~--- -- ..- --
~ ~ w m w m w ,lil ~ ~ rn Iii ~ ~ ~ l:l ~
- -- .. -. - --- - - --- \-.- .... - .-- -- ... -
Ul -n Z 0 ~ Z ;0 r ~ 0 <- OJ 0 ~ 10 <- [D
=l c -1 ;0 )> -1 0 ~ Z 0 0 m 0 )> Z 0 m
m ;0 rn ~ r m 0 z Ui )> r Ul 0 Ui )>
~ Z ~ r ;0 ::!} 0 0 0 -1 s:. (f) 0 T1 -1 ~
Ul 0 )> s:. 0 z 0 0 ;;U Ul 10 Z r 10 Ul
0 ::r: ;0 r ;0 G1 z ~ ;;U 0 10 Z ;0 Ul Z
;0 Z r m 0 Ul 0 0 Z 0 -< r 0
^ G1 T1 \J T1 ;0 0 -n 0 Tl 10 )> T1
It Z ;0 Tl r Z [D r
(f) )> ~ -n
10 Ul 0 r 0
::r: :s m m -n
m z 0 r
Ul G1 ^
_J ,
L.... -- - -- ..- ._- ---- -- .- -- ---- ,--- I. -. . - -- .-
N N N IV IV IV IV ~ ~ ~ IV '" '" ~ ~ c;, ~
0 '" 0 0 Ln 0 0 '-" m 0 '-" 0 0 0 '-" '-"
0. 0. 0. 0. 0. 0. 0. 0. n 0. 0. 0. 0. 0. 0. 0. 0. 0.
'" '" '" '" '" ~ '" '" '" '" '" '" '" '" '" '" '" '"
'< '< '< '< '< '< '< '< '< '< '< '< '< '< '< '<
Vl Vl Vl Vl Vl Ul Ul Ul Vl Vl Vl Vl Ul Ul '" '" '" '"
.- -'-- -- .- ~- _..- -. -- -- -- -- -,,- f-- 1-- --- I...
;;: ;;: ;;: ;;: ;;: ;;: ;;:
" 0 ~ ~ ~ ~ ~ ~
::> 0 0 0 0 0 -i -i 0 "
~ ~ ::> 0 ::> ::> ::> ::> IV 0 ::::r 0 0 ::::r 0 ::> Tl ::l.
0 0 '" ::> ...... 3 3 3 0. ::> e ::l ::> e ::> t>> ::>. IV
N N N to i::J ...... ...... ~ ~ ~ ... ~ N t>> N
0 '^' '-" :;;: ...... 0 ...... Vi i::J in 0 i::J ...
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
m m m m m m m m m m m m m m m m m m
-i -i ~ ~
::::r ., ~ ~ ~ -i -l
e c ~ ~ ID ~ ID " " ~ ., .,
~ ~ " " " 0. 0. ::>. ::l. ID ID e e
~ 0 to ::l. ~ ::> ::>. 3 3 m '-" '-" 0. ~ 0. '" !5
~ i::J N N ~ = = ~ N N '" ... N
m ~ ~ ~ ::: ~ :;;: N ... r:.>: r:.>: i::J ~ ~ ~ m
0 0 0 C> 0 C> 0 0 0 0 0 0 0 <3 C> C> C> 0
m 0> 0> 0> m m m 0> m m m m m m m m 0> 0>
-- ..- L_ ____ - L_ L_ - -- '-- __L._ -- ___i.__..
,,., <.>>~\
.p. <.>>
[1iJ~l:l
Z T1 Z
-i ;0 -1
m )> m
;0 s:. ;0
o Z 0
;;u (2 ;0
Tl 0 0
Z ;0 m
(f) ~ :s
::r: )> 0
m r
(f) r
N ...
...... 0
0. 0.
'" '"
'< '<
'" '"
--1
-i ::::r
::::r c
c ~
~
~ N
'" <.>>
0 0
...... m
~
~ ID
0.
N
N ~
'" ......
0 0
...... ......
'<
." -
I I 1 \
~~-~~~~~~~l~~~;~: -
"'0
:;0
o
o
c
o
-1
6
z
o
m
r
J>
-<
- - - -_.- ----- - :-.-- -- -- - ~ -_.- ..-
0 :r: :s T1 "TI OJ -1 (f) ~ "'0 "'0 "'0 L. -i
0 C )> 0 "'0 m m =l :r: :r: :r: 0 '"
'"
r :;0 (f) 0 r r s: m Ui ~ ~ ~ OJ x
(f) :;0 0 ::j 0 r \J ~ ::j (II (II (II z
0 Z Z m (II m Z m m m 0'"
(f) J> ;0 G1 r 0 Z 0 G1 -1 -1 0 c3
-1 Z -< (f) )> C -1 ;;U :r: ~ z ~IV
en -< -1 ;0 ^ 0 :;0
T1 m .... 0 m
r (f) r I )> m m ....
~ -1 )> 0 Z s: m 0
r T1 OJ m () 0
;;: r- (f) r m Z
~ )>
-<
Jl .- - --- f-._. .-- ----
10 ().)o
.... 10 <0 lD VJ <0 me
'" ~ U1 0 '" ...... -...J 0 U1 .... 0 <D U1~
'" 0 0 ...... D>
0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. <:0.
'" D> III III '" '" III III III III D> III III 0
'< '< -< -< '< '< -< -< -< -< -< -< -< ::l
'" '" l/l l/l '" '" l/l l/l l/l l/l l/l l/l l/l
- - --- -- -- ---- - -- ~- -.-1-- -- - -'-
;;: --j ;;: ~ ;;:
0 c --1 -i ~ ~ 0 -i
::l '" 0 c c ~ ~ ~ ::> e 0
~ ::> IV tV 0 ~ ~ tV ::> !Q
0 0 to 0> ~ ~ ~ ~ ::> 0 0 0> ~D>
N N N i::J '" N N i::J o:::l
... '-" m 0 0 '" '" '" U3 0 '" 0 i::J
0 0 0 0 0 0 0 0 0 0 0 0 0
'-" Ln Ln Ln Ln Ln Ln Ln '-" en m Ln U>
m
'-"
0.
D>
'<
'"
~
o
::>
N
0>
o
Ln
~
IV
N
...
<3
m
~ ~ ~ ~ ~ ~ ~ -l ~
0 0 0 0 0 ::::r " ~ ~
:: ::> ~ ::> ::> ::> ::> e ::>. ~
:: ~ to ex> 0> Ln ~ ~ N ~ 0
N N N N N N ~ N
U> ::::J ... m lO lO '" '-" '" '" 0
<3 0 0 0 0 0 0 0 <3 <3 0 <3
U> ''-'' '" U> '" '" '" '" '" ...... m m
.-"-
Ir
Ii
~
I-
..1
.
..1.
.
.-
II..
.1
.1
II
I
""
::> -'
'::>
IV -'
N~
'"
<3
......
~
~
<-
c
::>
<-
~
~
)>
c
~
en
IV
~
o
n
~
o
~
o
...
~--
'-N
D> 0
=-0
,,0>
...
!::..
~
D>
~
~
.::'...
~
I>>
~
l
OJ
o
-<
Z
....
enO
OZ
:x: OJ
mm
O~
cO
r:X:
me
OJ
~
;a
-<
<-
c
C
)>
~
Tn
'"
~
o
n
.::.
z
o
~
o
IV
~-
<- N
D> 0
=-0
"......
..
rr
tTl
@
H
tJj
,.,
H
n
06/26/06 MON 16:55
[TXjRX NO 57231
:::0
(')
o
V>
(X!
:::0:::0:::0:::0:::0:::0:::0:::0:::0:::0:::0:::0:::0:::0:::0:::0:::0:::0:::0:::0 :::0(')(')(')(')(')(')(')(')(')(')(')(')(')
(')(')(')(')(')(')(')(')(')(')(')(')(')(')(')(')(')(')(')(') 0(')0000000000000
00000000000000000000
~~~~~~~~~~~~~~~~~N~O W~~~~~~~~~~N~~
~~~~~~t1~~~0~~~~r~~~t1o~~~~~~~~~~~~S~~
" 5'''0 n> 0 -, Vi' b' 0 S 0""0 0 " 0 '< n.,fJ;-1f~ EO.. i=c 0... C '" 0" 0" 0" 0" 0" C S n> ... ....
V> g- W ~ ~ ~]- e, C .... 5' ~ B .g ~ g 0: vt1~ V> ~ 0. ~ g ;5 ~ 8 8 8 8 8 ;5 g, q it" g 9
C ::l n> "0""' ... D..g n> V> ::l' 0 (/J.... 0 n> '-.. t::::::l '" C/O t:; g'::l ::l ::l ::l ::l t:; ... n> :ro 0... 0...
n> ~ n ~ (/J ~ n C/O n ' u: o' [JQ ~ E 0 ::l "0 ~ '-.. [JQ ~ .~ ~ ~ r:; r:; r:; r:; r:; n> [JQ ~ .~ a. a.
V> ~~ g ifo '" ~cff(,)::l (')'-< ~ ;;~.... "(/J~ ~ C ~ ~ ~ ~ ~ ~ (')t1o...c
g g g. g ~ ~ g- ~ 'o.B m '< ~ ~ :; s' 2 0..." 5.. n; t;1 0 ~ 0 0 8 0 ,g (') 5.. ~ ~
~ f [JQ ~ ~ 1 ~ ~. ~ ~ ~ ~ : [JQ 8 i [ w ~ l ~. s' ~. ~, ~. i ~ 8 ~ i i
rt "0 g- ;>;" ~ q ~ ::l V> >B t1:::O g ~ ~ ~ ~ ~ n> ~. ~ s. (') (')
~ '-.. g (') s ~ (3 Vi' ~ ~ n> n> n> n> o' on ~ g g
~ 0........ 0 ~ ~ ~ ~ ~ ~ ~ n. (l.
.... ~ g ~::n >:n-t1 '<'<'<'<'-<:: V> 8 <="'<="'t1
n> ~ g g ,.2 ~ ~ '1'j :r:: 'U ~. 8 5;;::l g' g n>
~ 8 ::l S- v~ '1'j a. ~. :::: f ~ i='-' 0... V> o...::l ::l V>
8' ~ 5 ~' ~ ~ n ~ ~~. o::iog g. g V> ~"g.
o ~ it" ~ ~ 0 ::l V> g. if ~ g.
5' r!d R" '-..0 r? [JQ if 5::l n o::l
[JQ'>-I 8 ~ 0... $ : Ul
o (')Ul g a n
5 ~ n
0... g
3'
[JQ
'"
o.
o
::l
000000000000000000000000__________000
~~~~~~N~~~~~~~~~~~V>V>NNNUl__________~UlUl
'-..'-..'-..'-..'-..'-..'-..'-..'-..'-..'-..'-..'-..'-..'-..'-..'-..'-..'-..'-..'-..'-..'-..'-..'-..'-..'-..'-..'-..'-..'-..'-..'-..'-..'-..'-..'-..
~~o~o~o~OOOO~ONNNNOONNN~~a~~~~~~OON~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~t1
gggggggggggggggggggggggg~~~~~~~~~~g~g~
-
--
~N_
(X!_~
Ln"o~
\O~~
~~o
000
000
- ,
~-
~ -
~ .\0
00 N
\0 \0
00
00
(')
~.
V>
0'
::l
~ ~--~>
-o-~oo\Ooo'U
_ .N ,0 .00 .;-- ,Ul .\0 .\0 "g
~\OooUl\O~\O\OO
~~~~B~88~
000000000...
00000000
OJ
()~
:J::3
00 ....
",::3g
__co
WCDOj
t\3QCD
0..,00
00.0
O)CD:J
.., I
'fr
o ..,
co 00
-<
- -
--- -- -- -
- N ---- V> N 00 ...... V> __ ...... ~ N -
~ 0 __.N ,V> ...... .~ N ...... ~ _ .0 ...... - ...... - .~ \0 ~ - ~
-;..... "\0 ~ Ul U1 ...... ~ ...... a ~ ~ N ~ t.> a "0 V> 00 00 \0 N U,
\0 00 ...... N N 00 ---l N N V> ---l_ 00 \0 0 00 00 N \0 ~ ~ 0 - 0
\0 ~ ~ N ~ N N 0 ~ \0 00 0 ~ Ul ...... N N Ul Ul ~ ~ ~ 0 \0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
(')
::r
~
[JQ
n>
o
a-
n>
..,
=It:
Ul
o
~
::l
n>
..,
'1'j
g,
V>
::r
n>
0...
m
.D
E.
'?
t:rJ
~
:::r:
H
b;:I
H
t-3
t;j
n c: n
o ~ 0
...- S ::J
~ ~ g
n 'TJ a;;
;::J. r: ::J
g 8 .:J
if-
n::Y'
o (1)
2 P-
H
Ci
~
S
~j ":l
r-. ;3
~ 2
::J
(1)
H
tT1
...0
S
'U
3
(1)
;0,
o
t:I
;:;
(1)
*" <A
-....]- -....]
"tv-_"o
C\iJ.>V1---.]
IJI-....]ooo
"'-0 "_ "0 "00
-l>- VJ 0 -
--1-....]00
0000
0000
;1;J;i~;i
r.: ("tl r. ,..... ("tl
~nn9C
~ 0 g ^' :1.
n g q Jg ere.
o ~ ~ 0. ~
~ ~ rl U ~
;;;! 'J'.; 'J, '< n
~SS'Uo
g:;~~~
:3 S ..... ~ E
~ 2~, '1:'
~...- " " ,
~qnns
(t ~ ::;
;;: f;: e; e; ~
n ...... ,;;.
~ V;C if;
,::{ 0 0
r. a. ~
fi (1) (1)
~ ~ ri
::J 11:
+-
& ~
2:? fJ)
dO
(1)
;:;
P-
(1)
H
11:
'J'
...-
S-
(1)
~
o
r:
2
o
M;
-v, V>
_p,_1JI
-l>- 0- '-0 "-....]
-l>-VJotv
t--lo---..)\.Q---..)
V, "tv '00 "-l>-
_'-0000
-....]VJOOIJI
0000
0000
go9~tp
~~. R ~
~ ~ (>'
S:J~t:lH
o _. >-
'U3~~
~~Cf]
r. ~ '~
c ~ r-t
J s 8
;'~R'
~ ~
::J ;; ~
~ 3 :1
8~~
(1)
2 t:I
o
,:",::,' 0
-" ~
~
~~~;::C
nn(')n
0800
tv
tv
10 to
+- 0-
10
~...j
;;??51
r;' 0 0
("tl ~ t-t
;f~~
g ~. r;'
() [ (1J
>-'" R'~ R'~
g:jfS; P-'TJ if- 'U
f), ~. 8 SJ ~ ~
"'5tT1;JfJ, g
,~~~ ~ g
~ 8~' e
3 ~ ~ ~
c5'
3
(1)
2
o
'U
(1)
g.
(>'
;::c;::c~;::c
nnnQ
ooe-,
UJ UJ
IJI +-
("tl 'T]
~E:)
"' (Jq
c .-,
~ S
(1)
l,;J l,;.l
('0 LJ-.l
nif
::r ...-
~P-
~ h
5 ~
P- S
r-:CfC
n
i'S
o
H
f;--
o
-l>-
----
tv
VI
----
o
0-
000000000000-
0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- to
-............-............-............--...-............-............-............-............-............-............-............-............--............
................,......I>-"'~........,......I>Ot--loCt--lo........~
-l>- -l>- -l>- -l>- -l>- +- UJ --I UJ IJI VJ v' UJ
-............-............-............-............-............-............--...--...--...-............--...--............--...
000000000000'-'
0.. 0.. 0.. 0\ 0-. 0\ 0.. 0-. 0-. c... c-. 0-. 0..
V>
'-0
o
'-0
"00
o
00
o
o
OJ
o.s?
::r::J
OJ -
-.J ::J g
-..lO
VJCDIJ'
Nor
gi3-L
cnCD::r
~c
o cr
lO m
-<
fA
+-
-l>- - - <A
- 00 - - - - +-
"IJI "tv --I -....] "u> - tv "'-0
- '-0 0- '-0 tv '-0 u> -l>-
~] 00 +- VI ~ 0- f' '-0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
-
- - - - -
VJ - u> - - - tv - VJ
-....] 0- 00 --I IJI tv - 00 0-
"- "0 "00 "tv \.0 "0- "tv V, "0-
u> 0 00 0 0 tv -l>- '-0 '-0
-....] 0 +- 0 9 IJI IJI 0 VJ
0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0
',~~~ -'. . .. -~
7485 Davie Road Extension · Hollywood FL 33024
Broward (954) 431 ~7900 · Fax (954) 436~6789
CG CBOl134
REQUEST FOR CHANGE ORDER
MEMORANDUM
DATE:
May 10, 2006
RreEIVED
MAY 1 1 _
9CHENKEL . SRubrt.~ C
, W'F.~"'~~l'4 BEACli~
TO:
John Carr, SCHENKELSHUl TZ ARCHITECTURE
FROM:
lee Sessoms, Vice President
RE: #379 - BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04/CJD
RCO # 08r wI revised back up
Description of Proposed Change:
Cost escalation price increase regarding underground utilities
Reason for Change:
Cost escalation for price increases due to time delay
Additional Cost:
SCCI Overhead and Profit (05%):
Subtotai:
City Permit Fee (2%):
Subtotal:
SCCI Bond Premium (1%):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 4,252
$ 213
$ 4,465
$ 0
$ 4,465
$ 45
$ 4,509
PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days
Cc: Craig Clark, Interim library Director
Attachment: Supplier/Subcontractor Proposal
LCN/mb
G:\379 - Boynton Beach Library\Change Orders\08\08r
i.frrBi>lli,iJ.\:: tT <IBM !; o/sO/Ol
f~t",.(< 'e
It
Page 2
Boynton Beach City Library
/
~TERIAL COS:r ESc.ALArlON DIFFERENCES
480' 159. l-!.ll.P.E. Pipe @ $2.82 ft = $1,353.00
10 1S" H.D.P.E. Couplers@ $2,20 ea- $22.00
900 y.... Rock @ S2.SS ton - S2~95.00
46{)' 6" D.l.P. Pipe @ S1.08 ft = $496.00
1 4" D.D.C.V. @ Sg6.00 eft.=- $86.00
TOTAL ADDITIONAL COST... no.. ........ ............. ................... ..-S4,;2S2.00
Sincerely,
~~~
~ga~~I=
-----..
Lo-w1
. . by
~vVlf>~P. ~ s~ '1
4"61
C((}->f.A..- vet
1-1. 2:~
t:d Wd~:C0 SOOlC: S~ ..~o
~9$~e~I:'-I>'S6 'ON Xl:1':;/
'~I · !JNICi~ONI1 !:J83WO : I
02l20/fl6 ~fON 10: 22 FAX 9544366789
SESSOMS CONSTRUCTION
~~~ SCHENKEL SHULTZ
!4JOOl
~ Sessoms
~ CONSTRUCTION
~ COMPANY, INC.
cECEIVED
FEB 2 I 2006
7485 Davie Road Extension. Hollywood FL 33024
Broward (954) 431 ~7900 · Fax (954) 436~6789
REQUEST FOR CHANGE ORDER CG CBOJ 134
MEMORANDUM
DATE:
February 20, 2006
TO:
John Carr, SCHENKElSHUL TZ ARCHITECTURE
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04/CJD
ReO #09
Description of Proposed Change:
Cost escalation price increase regarding toilet accessories, visual display boards & fire
extinguishers and cabinets - NO CHARGE
Reason for Change:
Cost escalation for price increases due to time delay
Additional Cost:
scel Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
sccr Bond Premium (1 %):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 0
$ 0
$ 0
$ 0
$ 0
$ 0
$ 0
PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days
Cc: Virginia Farace, Library Director
Attachment: Supplier/Subcontractor Proposal
LCN/mb
G:\379 - Boynton Beach Ubrary\Change OrdEll'S\09\09
02/20/06 MON 10:22 FAX 9544366789
SESSOMS CONSTRUCTION
~~~ SCHENKELSHULTZ
f4J 002
3047 NW 60th Street Ft louderdole Fl333D9
Phone (954) 917-5884 FCJl: (954) 917-588&
$PECIALTlES SOU RCE
INC
I
limns mitIaI
To;
- 67gCj
Ro:
WE ARE SENDING YOU ATTACHED 0 for Approval l:l For R@v)ew CJ For Your
Records
/N-e CPn "114 / J I, ()U"" t!.f~T fJf1U of J2/)lg~g.bO
~I' -/b/Ie-r (}~rie0 1/i5t.w1 ~1ut.6t!JLvb5 rf- .
-{i.e e;fh1tJ'-~e6 t c-b,~15 .
Pk~ ~~V/~.
Aobert Faust- Prl$/dEltIt
10/0J/05 MON 09:31 [TX/RX NO 7174]
02/20/06 :'>ION 10: 22 FAX 9544366789
SESSOMS CONSTRUCTION
~~~ SCHENKELSHULTZ
III 001
_ Sessoms
~ CONSTRUCTION
~.d"'"~ COMPANY, INC.
;-3.~~ ~,::-- ~-.:.-
RECEIVED
FEB 2 1 2006
7485 Davie Road Extension. Hollywood FL 33024
Broward (954) 431~7900 · Fax (954) 436~6789
REQUEST FOR CHANGE ORDER CG CBOl134
MEMORANDUM
DATE:
February 20, 2006
TO:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04/CJD
ReO #10
Description of Proposed Change:
Cost escalation price increase regarding caulking/waterproofing
Reason for Change:
Cost escalation for price increases due to time delay
Additional Cost:
SCCI Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
SCCI Bond Premium (1 %):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 195
$ 10
$ 205
$ 0
$ 205
$ 2
$ 207
PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days
Cc: Virginia Farace, library Director
Attachment: Supplier/Subcontractor Proposal
LCN/mb
G:\379 - Boynton Beach L1brary\Change Orders\10\10
02/20/06 MON 10:23 FAX 9544366789
SESSOMS CONSTRUCTION
~~~ SCHENKELSHULTZ
I4J 002
----------- .~
~
\
(
September 28, 2005
METRO
CAULKING &
WATERPROOFING
LLC.
Linsey -Nelson
Sessoms Construction Co.
7485 Davie Road Extension
Hollywood, FI 33024
Re: Boynton Beach Library
Dear Linsey:
Kindly issue a change order in the amount of $195.00 forihe following: J/
1, Material price increases (bid date 8/24/05),
2. Freight increases,
Respectfully submitted,
""
"L-'"' - . -:-
,_ 1- ,~
RECEIVED
SEP 3 0 ZOOS
Sessoms Constr. Co.
1100 S,W 30lt> Avenue. Pompano Beach, FL 33069 . (954) 974-0770 . Fax: (954) 974-0799
02/20/06 MON 10:23 FAX 9544366789
SESSOMS CONSTRUCTION
~~~ SCHENKELSHULTZ
141003
October 5, 2005
Lindsey Nelson
Sessoms Construction Co.
7485 Oavie Road Extension
Hollywood, FI 33024
METRO
CAUL.lING & -"",,'.
WATeRPROOFING.. ~ ..,> >~~,;<f:'!~<'
LLC. /~
~:",-~~t."~:l'"
~<#~,,,
ii<.'
Re: Boynton Beach Library
""---
~'-
Dear Lindsey:
The following is a breakdown of cost increase of $195.00 per your request.
1 _ Masonry control joint sealant - 588 lineal feet.
6 gallons Dow 790 silicon:
2. Exterior frame caulking - 116 lineal feet.
$90_78
6 sausages Dow 791 silicon:
$35.70
3. Waterproof planter walls - 75 square feet.
5 gallons Vulkem 201 membrane:
$10,90
4. Waterproof elevator pit walls - 175 square feet.
1 roll W.R. Grace Bituthene 4000:
1 gallon W.R Grace Bituthene primer:
$12.85
$ 7.55
5. Protection course over waterproofing.
250 Square feet Bradley Board protection:
$16.45
6. W.R. Meadows scaltight vapor seal with plasmatic core.
187 square feet:
$20.77
Respectfully submitted,
L 1100 Sw. 30" .,enue . Pompano Beach. FL 330.. . (954) 97<><>770 · F~, (954) 974{)799
METRO CAULKING & WATERPROOFING, LLC_
~..
, S, ~
Je B- Snyder
Vi President
J SInn
RECEIVED
OCT - 7 ZOOS
Sessoms Constr. Co.
~ ~~~T~~m~
~~ COMPANY, INC.
' :0 ~~~=::'::".::=:::::::.::::.:'=::==:.:~=-",::_:=:::'-: "::==..,_ ':':'=:::::.::..~.:..=;:=_
7485 Davie Road Extension · Hollywood FL 33024
Broward (954) 431-7900 · Fax (954) 436-6789
REQUEST FOR CHANGE ORDER CG CBOl134
MEMORANDUM
-'~ ..~..'.' '..' V
.' "1 1",_. . .
...-' _ k;:;:
DATE:
February 20,2006
TO:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04/CJD
RCO #11
Description of Proposed Change:
Cost escalation price increase regarding drywall/stucco
Reason for Change:
Cost escalation for price increases due to time delay
Additional Cost:
SCCI Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
SCCI Bond Premium (1%):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 120,664
$ 6,033
$ 126,697
$ 0
$ 126,697
$ 1,267
$ 127,964
PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days
Cc: Virginia Farace, Library Director
Attachment: Supplier/Subcontractor Proposal
LCN/mb
G:\379 - Boynton Beach Library\Change Orders\11\11
Korean
CONSTRUCTION CORPORA nON
.~-
6005 Stirling RoBd, Davie, Florida 3 n 14
954-325-732' Fax 9~4-797.9980
Proposal
October 3, 2005
To:
Sessoms Constnlclion, Company
7485 Davie Road Extension
Hollywood, Florida 33024
Reference:
Boynton Beach City Library
Revised Bid
Attention:
Lee Sessoms
DeB./' Lee,
The following is a revised proposal due tD escalation costs for the Boynton BellCh Cir y
Library projecL The scope of work is outlined in our proposal. The price and scope is as folll-lNs:
Drywall
. Layout
. Metal framing
. Furring
. Soffits
. Drywall ceilings
. Sheetrock
. Taping
Toral PrlCt!; $352,164.00
')
i-/
Stucco
. Reveals
. Control joints
. Metal lath
. V,." stucco
Total Price;
$138,500.00 Please lIore tlltU we a,,~ ill ,ecl!/pr Df Addelld"", 1, 2, 3 &: 4
Thank you for giving us the opportunity to ,"",ork with you on this project. If you have any
questions please feel free to contact me.
~~
Thomas Hanlon
10/03/05 MON 15:37 [TX/RX NO 71891
.../-""
,/
/
/T'
it"Ti 1111 II ~ ~:-~,",.:, ~,:l~~--' ,-l~ ~..
Ijl~~'II~J~0"!.e;.,, ..t<!;:....,,;":~ ~~.J;j.~. ~~_~ ~.'. ~...
i II ;I.;; - ~ Ii ~! '}; " ;!; ~I " 'ljJ~. "tl~tLI ~ ::.. u... . '"
llj " I ~~~~~~.":., .c.' , ~. ::::, ~ ~_ -.ti. ...
111~.~!!~~.'C.~~'U'~l'~~:~' :.~:)~..I~. -i.-~ ,:.' " .~ ~-'-'-ul'
;' : :., ,..,.,,"~ .'. "I~" ~,' ".
I I' ..L "'--r -vu- "",,' '_, _
I I
~ I
i I 1,1, -oj/, · ,. ~ , . '., ., ,. ;-,' '. ,':
1~ I . .~ '~I:~I,. , " .., '::Ld~ ,.J.. -; . , ' . ',' ;- =
r; 1.- =tsJ, 'w' .., ::' c [~'- , I , '
Cl ~ ~ . -~, -.;;,.. '"'.' . '. . . '.
J <-)1 ct:. t-.>t'.... '. . '- L~":.. -~ "' I N ;or .. I ~'f f- It'Oo: T f~
,. I ,I . _i...1L , .. =7~_ ,
~ ~' , ., - - ,If.
If lJ1 f~Oft~t' ~'~!'iC' P'. ~I~ ._;'.'
j ~ 'l= ~ ~. ' . . - . . . , T
1,31 ~ " I ~lf\5~~~;";'~. ~ '." _ 1",1" 'H'. '..~, __ ,I I j ,
I ~ "- ~ -..:: .~~ C1f ~~ . '<l), c.t-f+ _ , qc$ , ,~-' <'0.
.....,
'J t
"
~ II~~~~~~~. -.."(,,~.
~ e, ~ !,,,&i~ ." .~.,
I~-(....... -
I ~ :... t---=- . "-'" .':..1---";;: 1-'"'" i---=+- '--' "'"
==="=,' ~""
" ~ I _' .,
~~.:-~11'
"
> r-".
L_
-
:4,"t... -:0-)
.. l ,....
liE'
i
,. -~...-r .,
- ,
-- <---.
-.;;::-
""'"
;1
- """' I---r--I
N ~(;;:,,~ .. '. : co:-
Ilj ,,~~~ . n r -- '--
I V1!= -'.,' ' ~ 'L . .. r
II~I t~ ;"';: . _::;-~ ~ ~H:, ..;fat
II . - n. "9:-;" T '"1'1 ~ ~ em .\E ~
L-."- ,,-.1 '"'C ,;,'r y:,\: '----1----
. 1=1= '.. ,. ~,. "', ..... ,_, ,.,
II ~ij~,~ ~ J~; H~~ t~'II~ ~ ~ ~'~'~'~ {~ ~.,.,. r- .
f 3, N 1 ~ ~I ~ " fQ ~k~ t l\. ~ ~1~1~v. Z ~ ~,~ ~ I I
I - VJ ~ ~ \.r \ I '" ~ ~I~. ~ ~ I _^ ~ ~ It.;\ ~ ~ ~ N I~
:; rJ ~ NI t\- -~ ~ ~ ~ ~I ~ ~ _ ~ ~ ~ n- f") fV) ~ ~ ~ -.c ,~
I I;~;~I~N~~~~~~_~>~~ ~~ ~!~~~~\:
I\;\~' L; ~:-- ~ t} ~,~ ~ ~ ~~ ~~ ~ .~ ~ ., ~ I ~ i ~~: It ~
,~~~~ '~~~~~I~~~\ 1~~~~~'~~I~I\ I~
'- ... 1'-~ o:,s 1:'.~4
! '== (') C>JWl ~~ ~ "l t/)':: U; ~ ~ ~ I~~;: I~ ~~~.
- "'J " I ~ I II , I nr r r I ~'IIT T r-, _, t fll" ~ III ~ \;; iI >3 li!
.~ :. ", .~ -- I
.--1
f-,Q1 ,..J
1 I'.::.
\ "
~ i i III' l'f n-l'~ ~ '" 1 ..-
~"\'-l i" ~ 1. ri:' '4 Jo;.!
1', ...... I \ ~)~~~ _
._Ii.f\,~l \ t~-- ~ · Q ~ ~ ~ -!-
Jill ~ '>~~ci
ii'll '" r t. -....::L 'I' ..i-- -----1- c:J C.' ..p.. ' I
'I , 11- ....,.-- --f---- I ~ +-
lirl';: ~ ~,'i' ,.1 f', ~
II Ilj- i-:~ ~ "'. :C'i~~f.;j'-11'i I Tl
. . ________ I 1-------=- . t
:_ I
IL i - ~,=-~~
Irf .,
1 in
.' :~
!IH"-
II .-
'i -- -
III I.
II 1:-
;:.
~ U
--.
.J n
'__c
--
~
I
~
i
~
i
I
j
,., fiii~ ~ II
'- -:: ~ r..:.!!' ' fl~::
~-- r I ~.I
~~~~-
- : "..
; _~:~_~~___joo"-~~"';':;~-~.,.,..;.-~- ;-
.
,
I
- -
, ...
~____ ~~__:-t
i ~ I i
~ j t-
-'-' t i
I I
,... r ,...- -' -.--.
_( L r.l! t-r- -~ -r~~ i :--rT-'
,-u- r--r-, L-L -r -,'-r'
11 -I -l =t=p::=t::~j;:;;:""
-,v- n - -, -r-r-r- I 1 ' '
~ j-- -::.:: =~l -~-r
.... ~ _~-_:- ;-f-t--;--' L::
, .t..... r- ..... .~~ ---+-+" -~-+\,'"
, r,n. '''i1 =t= ~~~t".---t--.. .
I . ii, '
I ' " =f . -+--+--;--1. t-
_________________.L____________
! r ,l '
IU'.J i l'~ ; , , I .
1+_- 001-; ttt-- -T---: ---t--I--'
I i- ---::-r-::-r--~ -, LI t ,_.
Ii' I .... i --f---r ~~n-f~r-'
,__1-J I "1 ~.' i' t--t--
! ,=FEt=--. i -~i- __I..
~ ~. 'n. t=t=j-- ~t-i ii'
1 ~ " ; ,
~_ _ " i j '1:
I .. It--J i ~:
- Ti I "
._.. ; 11 i-L. -.'1
r1--' 1-1
i I : , '
r- -! 1------r--------........---~:
t-f- --,(--f-' -.-
r ,
;--,. .
--: ! ---" 1
. ..~ -::+-l-.~__l,
,j " I
, ~ I , i
m,".. '~'f' I
iiiiif!i3 .....~. 1 1 " [ t >--
-1 -1 t- ---I----=- _I.. I
__ I. i ' I..n 1- .-...
u..'.~.".
-'- -.. j
i=t--
~l==r '
id:1
g.t-
TI! I
~..fr
H
-- f
=-_C--j-
- 1
:---i
1 T;--
1-1 ~-o.i
t .~. l,
I
~ ~---t;~-
,--...- r--r--r
__t _~_ ~
=y=i
i
-.-
i
<J 11-
,t Il~-f
:l! 'I '
~~ Iii ,I~
~,:II, h
'J j II,I! I::
" .~ I 1-
~t,' Iii
I] II
~' I
u"
n --t-+-k
I
;
_ n~-;-
I ,e l t .~ I--~--
; I'
-
I.. 1 r- '-----",
+=r.. . ...1.
I ;
i-- I '
1 '
-..
I
I
~1 -
~ ~ .----;__ ~ __ ---".-00
I
~>--
:1
,~
,
~ .i:: Oiit:
. to< --1
,
I:.~. ~"~~ ~.~,., ,
- ~ ~'~-.:~. . ._ - '__ ~. I, '. ~-'~
~. - -- h =+1--- -- .... ..... -.--~
~. .' ..' ,,,..~ , hd.(,
r~~i ~ "r<Jru- I I, 1\
i ~i\-i ~ I '>I,. \
IN'~~' d~
~ I~~I d ~ ~'_~I '[
~ ~,'~~(l: ~ "li -..II
J" i ' i
\ ~ 1{\ I
1t'".<
~=L c~: ~ J-~ .~-O.
~~~ <"1: ~ .n 'v j W r 0
,.. "
I
I i
I i-
III I'
11
I "
I II
II II
I L\1.
! i 1;
~
~ ,-1
olH
c . I
,.. .
I I
I
,
I i
.
+ ,T _ I
I
'l-
. .. l'
t
T
_1'1:: I -1 +-::
i- 1 , 1 j "
-,---t-.. "
I 'J"r '~_.:I
i i
.-...
.- f-- -~ .... - ..
""1 .
1+
... ,
---+--
.+-.
i T_',
IA
I
._,"0
C' .....
..--.."-t .---
It '
t.1 I---t-
. '::r-:-' . ..
i'r~ -'
T '
'-- ,
~--
, f-
i : [I
I c.+..J!
J,
+ 1
!
,
,
ii,
...L.; !
-+---1--- i--. ,
1- ; +--+--:
~ l
1
I I
__ j-~1 r .1=:-.
; I I -
I
I 1 : I
-1-- t~:--
1 "
i
, -
--+--r ~ t
l, :++-1
i T---- \
~... ....-
T, ,
, . -l.--t---t-.
-J i I I '
~ i 1 :
I ~I I' !
i i, ~.l I
I... I .8+'.. 1,# ': i_ I: tttJjl:
. '. __ ._", \ i _n _ I i
. i,b-. . I I I I
--\-Itr-l-r-r-\ ~--r'-'! __1_1111]
~-htc~-c~ :~=';I!1\#-~II~\~r ,\
.-,fJ!1
i"--r: If)II/!1 L~~t" , "!I~ i '-:~"'~1~'J c j ~ :~ I "~C;"i '
~ tK ..tI." .--. -I~ _-+-~~.
I- 1-:"- ___ :
-< tl1"< .;:1'-- ~1~ -- -- -- _ I.. I~ _ ~! _
':=' L_ f'..- ---- --- --- _1--1
-- . p...- =1=~f~ ~=
~ l
u_ -J-~-
- --e-=--- .--===tj =~
.. := 1-- .-_
~
...
~
tf).iJ
l! 1<
Ii
~
_.~~. '-
::, 1:..=;:=: a;
- -t -- ~_
- i--+--.
--1-
= -.
~, }I /'\ r:'
:i rv
'<) :f r;:,r
=l - ,1",,-+ - _1.
'-- -- --
- ~~' 1-.
= . '-.,
. ~ ' I
1-..
- -- --L
- --
= -== -- .j--
---rT
::t,H:ta
~ ~ ~ f----
__ I--
~I== =
~.tl-a': _L
...
-'f--.
- L- '_
- '--I-,
. '--L_T
t...--:
.ot.
..
~
- ~'-
- ~,~,
'" ~
= -it:
= ~c:
==="".
- --::+
--d
-~
-h I--
"-
'.. ,-
-~I-,
.~~
'.j ~ ,
',i l\!
~
,:o-k
"., r:r--
"
--
--f--._- --
i ~
:yj'",
, ~~ ~--
; ~
---< '-T -'-
!~ I I
,~ I
<) ~
~.~ ~
I~ -...
..~ ..
. ,
N1: ..'~~
L_ _I---
I
I I
tl ....
~
i
..
- N .., ...--
I I
..--. "" ,-
I
m ~ ~ = ~ ~ ~ ~ ~ ~ ~
lie ~
~ ~ ~ ~ ~ ~ ~ ~ R
f-+
,
=r-
- -.- -
1-'-, .1
-~~=E: -I--
- -. - - - - - .- I- _I---
I--
1---
.':-
'- ...L_ .__
!' ~k I----T I
~ . .
--'--..
-
I
,
I
'--I-......:
-'-~
,
"I_~+-
f-
-.
..,-- --
:
1._
'----I----.
.~
1--. .
1'- I--
1- '---
__ f-=
-~i
, I
I
c'
I-- '---1;=
---
'--I_
", ~ ".J "
, -
I I ,~
'10;-
:-(;
^=- t;=.-
~~.
. '~~.
rr \ 1-
"iT
W'.
1..'~
I-----
;< 1 N <'! l..&...f;1. l<l
~
--
---
~--!-. .~
'--1--.
.1- I-......
f--
--
--+-
1--.
-, .,--
--
-,
lG !':;
<\l Rl 1'i
-,-
"--
-e- __
-,-
'--- I--
'----
1----.
-1--
-
I
11
:'J
I
i
!
1
!
I
j i
~
~
l
1
3
j ~
~
I
+---
---- ---r
I
i-~-
-t-'f---
I -+._
i '
-j
[~-:
, I
. .,---
II!+"]I
-. t-~t-, ~-i=i" n .11
---r~.-=-t-~~. 1~
I . , i
l -1 -t-----T~
j
, I
~r-i-..-
~~
\
:1
1\
\1
.. .... t.J'-'.~J.-'.l"'.L.:.o.L.I.J.l.lL'.L.o~ L
~vv~
~~~.',-_.'.'.'~. ~~~T~~m~
~ COM!,A~Y. INC. .. .
~ '.. ~-::c- ......: - --_=:,:........... ._"
"---=--:.::--':.-..-.- .. ...:......:::. --"- _-:-- -..--...,
7485 Davie Road Extension · Hollywood FL 33024
Broward (954) 431 ~7900 · Fax (954) 436-6789
REQUEST FOR CHANGE ORDER CG CBOl134
MEMORANDUM
.~.. .-- -
DATE:
March 21,2006
TO:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CI1Y LIBRARY
Bid #017-2610-04/CJD
RCO # 012 Revised
Description of proposed Change;
Cost escalation price increase regarding glass/glazing
Reason for Change:
Cost escalation for price increases due to time delay
Additional Cost:
SCCI Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
SCCI Bond Premium (1%):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 47,000
$ 2,350
$ 49,350
$ 0
$ 49,350
$ 494
$ 49,844
PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days
Cc: Virginia Farace, library Director
Attachment: Supplier/Subcontractor Proposal
LCN/mb
G:\379 - Boynton Beach Library\Change Ordel'$\"\2\12 Revised
0J/02/2006 09;35
954~'384-0418
CRYSTAL CLE~R GLASS
rJI-\I,t:. 'i I
:RYSTAL CLEAR GLASS
703 BANKS ROAD
rIARGA TE, FL 33063
PHONE # (954) 984-0417
FAX # (954) 984-0418
PROPOSAL
DatA estImate #
3/&/2006 1978
-.-
Name / Addre'i"
IESSOMS CONSTRUCTlON
'485 DAVIE ROAD EXTENSION
iOLL..YWOOD, FL33024
154.431-7900
; AX Ii ~:S4-436-6789
Qty Description Rate Total
JOB NAME: BOYNTON BEACH LlBJlARY 000 0.00
THE fOLLOWING LIST OF ITEMS ARE mE CURRENT
PR1CE JNCR$ASES WE HAVB RECEIVED PROM OUR
SUPPLIERS, SINC~ ruL Y OF 2004.
ALUMINUM STOREFRONT PROM Y K K Al'lD
BREAKMBTAL
TOTAl.. $17.000
ALL GLASS, 9/16" CARIBE IMPACT AND 1/4" CL.
TEMPERED
TOTAL $6,000
CAULKING fOR. ALL APPL.IC,4. nONS TOTAl- S3,OOO
AUTOMATIC SLIDING DOORS TOTAL S8,OOO
FIRELITE GLASS TOTAL $3,300
LABOR TOTALS5,OOO
'-- 10% PROFIT TOT AL U,700
jr4~,c>ocj~
Total $0.00
WE PROPOSE TO FURNlS~MATERIAL AN "LABOR-COMPLETE IN ACCORDANCE WTTH ABOVE SPECIFICATJON,
FOR SUM. ~
CR YST AL CLEAR GLASS
AUTHORIZED SIONAnI DATE 3'~ d -() l
CUSiOMERS
ACCEPTANCE OF PRPOSAL DA TE
03/08/06 WED 08:18 [TX/RX NO 9558J
-. ~ . - . "0- ~"--___'", _____. ''-''---'
01/24/2006
87; 47
NO.525 [;1001
Arch Aluminum & Grass Co.,lnc.
ManlJ'tbclutWIr$ of Arna"'''' Archit9c;tutol Produela
.w. ~7fh Shwg'.lQ/TJaOc. fl33321.800.-432;.&132 . Fax NA.-7240-9293
December ~> 2aOS
To Our Valued Custom .
We have received noticJ .ft-om our major flat glas$ manufachners that they bave inerea.tt'ld their
current natural gas.fue surcharge:li'om 0$1,200 to $2.100 per truckload of raw &lass. The
additional diesel fuel fCharge impICIDlented last quarter will riso from $275 to .$375 per
truckload. hringing tho total fuel surcharge to UL!: by our .flat glus vendora to $2,475 per
. truckload..
To reflect the increase' our costs, effective Janulll}' 9111, 2006, we will be increasing our energy
surcharge from 8% to ~4% of invoice on all fabricated and distributed gIftS.s products. For
brolcercd flo~t glass trueKload..i and direct ttuckIoads from our mirror manufacturing facilities we
win be adding a fuel 8urcbarge of .$2,475 per truckload. '
All quoted projects wiIIL pro....ed using tho ",Ie of """'barge they ""'re oxigiDaJly quotal
with, provided they do n~' t e:x;ceed our normal 9O-day limit_
We sppr~iate and value your bUSine3s 81ld hope we can continue to be YOUR. TRUE SINGLE
SOURCEe now B.lld in t] future.
;
Sincerely
Arch Aluminum ~ Glass Co., !of;_
~o~~
President & CEO
LS:ja
I
Sarasota_ n. OI1ondo. 1=1. pt, M~ers. FL. Bridg~port NJ . ViDa ~CQ. GA . IndlOl'lopoJlII. IN . KO~aa city, k8 . NOrooss. GA
Yo~ngsvJne. NC . Jackson. MS . WOUlceaho. WI . OJyohogo FQIb;,. OH. DaJrO!l. 1)( . PhoonOl. N.
Arcl'1ltactural Sofety GI~. Ft. Pierce. Fl . Extrusion Plont. Mioml.FL. Arn$rioon G103:lmlth. Coh"mbus. OH
Arch MIrror North. BQftandorT. IA . Arich Mitrcr South. Ft Pierce. FL . An::h Mirror We'$? Newark. CA. . Tl'ldenT, City of Industry. CA
I
1
02/23/06 THU 09:57 [TX/RX NO 94011
t t ~_ i .L ( ( L ()fu'l 1 1. ~ . ..l .J
):..1'. -Jt::1q.-I-'~Jql. M
1.1"'\::1 I !-\L !.,Lt.i\k' (.:JUVC':C
[, (....\(-jf'~
YKK
a~
February 14, 2006
VIA FACSIMILE (2) PAGES
To Our Valued Customers:
Due to a rapid escalation in raw material and purchased item costs since the fourth
quarter 2005, we once again find it necessary to implement a price increase. In order to
help counter balance price increases we are also taking numerous previously-unplanned
steps to control our own operating expenses and improve internal efficiencies, Even so,
in order to maintain the level of value added products and services you have come to
expect from YKK AP, it is necessary to pass on an increase at this time,
Effective March 1, 2006, YKK AP America Inc. will implement a price increase of
approximately 8%, All purchase orders released to production starting March 1st will
include the increase at point of order entry. Updated discounts will be available through
your local YKK AP sales representative and/or regional service center personnel.
Existing quotations are valid for (60) days from the date of the quotation, and
new/revised quotations for production after March ,.t will be priced to include an
increase,
YKK AP will offer price protection on pre-booked orders through March 31, 2006. For
your convenience we have attached a price protection request form. To request price
protection, list all applicable projects on the form, include a booking purchase order or
letter of intent for each project, and fax the completed form to your local service center.
In order to qualify for price protection, the form must be received at our offices by March
1st and your purchase order must be released for production no later than Friday, March
31, 2006.
In closing, we would like to express our appreciation and thanks for your understanding
and support of this n~cessary action.
Sincerely,
L~
Oliver Stepe
Sr. Vice President
~ YKK AP Amef;C::a Inc. 7580 The Bluffs. Suite 100, Austell, Georgia 30166 I PhOne 678--836-6000 I Fex 678.636-6001
sub~;di..ry of YKK Corpor2llion or America
02/23/06 THU 09:57 (TX/RX NO 94011
~
.. Sessoms
~ CONSTRUCTION
r "W COMPANY, INC.
RECEIVED
MAlLO 7 .2(1J\
SC~NK~~'&IM*'&?cn.(ltx.tension · Hollywood FL 33024
'ltSTPAL~llJWlij Fjl)54) 431~7900 · Fax (954) 436-6789
REQUEST FOR CHANGE ORDER CG CBOl134
MEMORANDUM
DATE:
March 03, 2006
TO:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04/CJD
RCO # 013
Description of Proposed Change:
Building Department revisions to Mechanical Plans
Reason for Change:
Added cost for changes that were incurred by changes to plans by Building Department
and per Proposal Request #3
Additional Cost:
secl Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
SCCI Bond Premium (1 %):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 15,619
$ 781
$ 16,400
$ 328
$ 16,728
$ 167
$ 16,895
PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days
Cc: Virginia Farace, Library Director
Attachment: Supplier/Subcontractor Proposal
LCN/mb
G:\379 - Boynton Beach Library\Change Orders\ 13\ 13
CHiJ.NGE ORDER REQUEST
H, LAMM INDUSTRIES, INe
4425 NORTH EAST 6TH TERRACE
FORT LAUDERDALE, FLORIDA 33334
Office(954) 491-8929 Fax (954) 491-7346
JOB NAME: BOYNTON BEACH CITY UBRARY
JOB NUMBER
CHANGE PROPOSAL # 01JH
HVAC MECHANICAL
!181 NW 109th AveNUE
~UNRISE, FL 33351
We hereby submit speclllcation and estimates for~
CHANGES TO PLANS DATED DELTA #1-11/05/04
prwq M201
Reslzed OA Louver @ AHU-3 From 36x40 to 72x30 Quote
"Note: Dade County Louver Cannot Be Instaned In A Door Transom'"
Resiled OA Motorized Damper From 36x40 to 28x24 Quote
Rerouted OA Ductwork - Net added Ductwork 3351bs
Qrwa M20:}
Delete (1) 24x24 Relief louver AHU-4
Rerouted Relief Ductwork - Net added ductwork
Added (1) Louvered Penthouse Ventilator-Dade County Approved
Added (2) Relief Grilles
Added Coordination
Added Supervision
Added Deliveries To Site
H.lN04-330
DATE 01~~06
OEL TA #1-11/0li/04
ATTN: Frank Monti
"Labor Based On $5OIhr "Shop & Field Labor Togethe~
~aterial b!b2!
$66ISqft $ 18'.00' 340.00
$
39hrs $
$601hr
$601hr
Quote $68Isq1t $
326lbs 37hrs. $
Quote 32hrs $
Quote 3hrs $
5%total Labor
5%total Labor
3dellverles @ $3OO&a
Total Material $
Overhead/Profit 15% $
Tax 6% $
Total Labor $
Total This proposal $
4,226.00
633.00
263.00
7,263.00
12,396.00
we hereby propose to fUrnish material ;;1M labor- complete in accoroance wilh above speclflcations, for lhe sum of:
TWELVE THOUSANO THREE HUNDRED NINETY -FIVE DOLLARS
Payment to made out as follows:
NET 30 DAYS RET AINAGE 90 DAYS
AlImater1;;11 i& guaranteed to be U spe<;;ified. All worll. to be completed In a worl<mllnlike
manner accONlIng to standard practices. Nry alteration or devietion from above tipecificlillioos
involving extra C!lsls will be executed only upon written orders, and wiR become an extra chllrye
over and above \I'I(! estimate. All agreements contingent upon tilrikes,llCCidents. or delays beyond
our control. Owoor to carty fire, tornado. and any olher necessary Insurance. Qvr worll.ers are fully covere<l
by Worll.man's Compenti3110t'1lnsurance.
NOTE; This proposal may be wilhOraVffi by us If not acupte<::l wil";n 30 days.
AUTHORIZED SIGNATURE
ACCEPT ANCE OF PROPOSAL. The above prices, speciflCatioos and condlllOn& are satisfactory and am
herebY accepted. You are authorized to dO the worll. 8S spedfled. Payment will be made as outlined above,
In the event of default bY buyer, buyer agrees to pay all costs of cOllection including f138sonable Attorney
Fees in addition to other damoge3 incurred by seller
Date of Acceptance
SIGNATURE
$
(20.00) NfA
402.00 $ 1,950.00
(133.00). $ (272:00)
410.00 $ 1,880:ot1
3,276.00 $ 1,800:00
110.00 S 150.00
NIl. $ 360.00
NfA $ 360.00
HI" ~ 900.00
4,226.00 $ 1,238.00
$. . 1 ~,39&.00
--~"~"'''''''''.L.I lo"l'J.J.\..IL..~~
-.----,----
... ::'h::'::'UJ\l::; BOYN LIB I4J 002/006
Page 1 of 1
--
---
~
Proposal Request
SCH~lU;L:Sffl)LtZ'
Q Do [] ~~ ~'.~n T. E-C, TU ,R~:E, D,t;I.O,
Proposal Request
Boynton Beach Library - 0320802
Boynton Beach City Library
. 208 S. Seacrest Blvd, PhODe : (56J) 742~3~O
Boynton Beach, FL 33435 Fax: (561) 742-6381
Date: 7t1712005
Number: 3
RCONumber:
To : Lee Sessoms
Sessoms Consrnictioo Co.
74gS Davie Rd. Extension
Hollywood, FL 33024
From : At Phillips
SchenkelShultz
1300 N. CODgteSS Ave
West Palm Beach, FL 33409
Please submit IlIl itemized quotation for changes in the Contract Sum and/or Times incidental to proposed modifications 10
the Contract Documents described herem:
TIllS IS NOT A CHANGE ORD~R ~OR IS IT A DIRECTION 10 PROCEED WIm TIlE WO~ DESCRIBED
HEREIN.
De.scrlption
Building Department Rev,
Notes
Provide cost to furnish and install the attached changes to the project per the building department comments. (see attached
sheet dated 7t17/05)
Attachments
~~
c:::. ~
AI Philh
Contractor
SCHENKELSHULTZ
http://ss-sql-flICAWeb_Local/FonnslnewPR.asp?Action=PRINT&PARA=;COMMID: 1 DOh, 7/2712005
n7/?7/n~
fc15/01/06
Ib:.jl.l
TLC COCOA. FL -; 15616975210
NfI.l.3U
!)vll
COCOA OMSION
674 Dixon Blvd
Cocoa FL 32922-5809
321.636..()274' Fax 321-639-8986
FAX TRANSMlrrAL
From: James McTavish
Date: 5/01106
Project #: 503084
Pages: 1
(Including coverslleet)
To: John Carr
Finn: Schenkel Shultz
Project: Boynton Library
Fax#: 561-697-5210
TLC has reviewed the proposed added cost from HVAC Mechanical dated 2/23106 for
changes that resulted from btJiJdlng department comments.
The costs appear appropriate.
.----~--~-- --
..... -..........,I...u..;,...... ~nl..l.L"J. b
---~-
-> ::;r;;:l;:)UM;:l tlUYN LIB ~003/006
0717.7/05
Boynton. BeaCh Libnry
DATE:
PROJECT:
Page 1 of4
These are the changes.to the drawings in response to the Building Department Comments. Please i"uc the
following description of changes and the revised c:hawings ill addendum.
CIVlL
CHANGES TO SPECIFICA nONS
NONE
CHANGES TO DRAWINGS
A. Item I; New Civil Enginecr- NC'P set of drawings.
B. Item 2: Additional Striping and Signage added to plans
C. Irem 3: Revised J'Ollting oEmain waterline at entry to h"brary
LANDSCAPING
CHANGES TO SPECIFICATIONS
NONE
CHANGES TO DRAWThlGS
Item 1: Drawing LIOI
A. Added 4 new trees- (2) on Seacrcst Boulevard and (2) on Ocean AVe.
ARCHITECTURAl..
CHANGES TO SPECIFICATIONS
NONE
QIANGES TO DRAWINGS
Item 1: DJ"awing A002 .
A. Added City' Standard Dumpster Detail
MECH.4.NICAL
CHANGES TO SPEOFlCA TION~
NONE
CHANGBSTODRAWmGS
Item I: Drawing M201
A. Change location of outside air intake louver to ensure 10' separation from any vent. See Drawing
M201 Revision 1 dated 11/05/04.
,B. Change outside air and return air ductwork in Mechanical Room to match relocated outside air
louver location. See Drawing M201 Revisio~ 1 dated 11/05/04.
Item 2: Drawing M202
0:\0320000\0320802 Boynton Beach hlYnry\DP\building dcpll11Jtl<:nt comment 11.8-Q4\BUlldling dep;on chIInges 072105
0320B02.do<;3114\con=pondanc:e\aOSsrinsiS
--.------ --'- --------- -~ - -------
......".........l'...LL .J,L1UL~ ~
~ JC~~UMJ tlUYN LIB
!lZJ 004/006
DATE:
PROJECT:
Page:Z of 4
07/').7105
Boynton Beach Library
A, Add the comment "NOT USED SEE DRAWING M202A" across the drawing to reflect that the
owner has accepted the altcroatc dueted-return shown on drawing M202A. See Drawing Ml02
Revision 1 dated 11105/04.
Item 3: Drawing M203
A. Relocate relief fan JIT.4 from the mechaniC<tl room to the main stack aTea and route the relief
discharge to a roof vent hood. This wiD ensure that the relief is a minimum of 10' rrom the outside
air intake. See Drawing M203 Revision 1 dated 11105/04.
Item 5: Drawing M401
A. Revised enlarge mechanical room plans to reflect the relocation oftbe outside air louver in tlu: 1 It
floor mechanical room and the relocation of relief fan RF -4 from the 2Dl1 flOQT mecbanicalroom.
See Drawing M401 Revision 1 dated ll/O~/04.
Item 6: Drawing M501 .
A, Revised rooftop mounted condensing unit detail to provide a minimum of IS" clearance under the
unit. See Drawing M501 Revision 1 dated 11105/04.
PLUMBING
CHANGES TO SPECIFICATIONS
NONE
CHANGESTODRA~GS
NONE
G:\032oooo\0320802 Boynton Be;lch Iibrary\DP'huilding department COmment 11-8.04\Buildlinll depart chan~ 072705
0320802.d0c31] 4\com:spondancc"'OSma~j5
HV AC MECHANICAL, INC.
5181 NW. 109th Avenue Sunrise, Florida 33351
Phone (954) 747-9199 CA-CA15558 Fax (954) 747-9792
February 23, 2006
Sessoms Construction Company
Gentlemen,
Re: Boynton Beach Library
Subj: Plan Revision #1 Dated 11/5/04
Prop: # 2
Attn: Lee Sessoms
We herewith submit our proposal for the performance of the subject work. Our direct costs and allowable
mark-ups for this work, as detaifed on the enclosed breakdowns sheets, is: $15,619
The work to be performed consists of: Furnish and install all materials as per revision # 01 dated 11/5/04
Excfusions: Cutting & Patching
Price based on field conditions as of: 23-Feb-2006
4ny further progress of work by other trades that will interfere with the scope of this proposal, may
~sult in additional fees.
Please be advised that no materials wiff be ordered and no work in connection with this Request for Change
Order wiff be performed until such time as written authorization to proceed is received in our main office.
Verbal instructions to proceed wiff not be accepted.
This proposal may be withdrawn if not accepted in writing within 30 days.
The cost of $ 15,619.00 and time extension request of Q.. calendar day(s) associated with this change is for
the direct cost of this change only. It does not include any indirect costs for inefficiencies, delays,
interferences, out of sequence work, re-mobilizations or de-mobilizations, extended general or field
conditions, loss of productivity, or any other impacts either to cost or time as a result of this or other changes
on the project. Koldaire, Inc expressly reserves the right to make claims for these costs and/or time
as they are incurred or become known.
Respectfully,
HVAC Mechanical, Inc.
3to~(j r1 cdx Qv-;J.
'ITHORIZA TION TO PROCEED: HVAC Mechanical, Inc. is hereby authorized to proceed with
.ork as outlined in this proposal. Formal written change order to follow:
BY:
DATE:
Koldaire. Inc.
CHANGE ORDER PROPOSAL
SUMMARY
Project: Boynton Beach Library
General Contractor: Sessoms Construction Company
Reference: Plan Revision #1 Dated 11/5/04
Proposa/#: 2
G.C, Proposal: 0
Project Manager: Frank
Date: 2/23/2006
MATERIALS
EQUIPMENT RENTAL
$
TAX@6.0%
SUB-TOTAL
$
. 'a ........D
.I,L, . ~."
SHEETMET AL
CONTROLS
INSULATION
TEST & BALANCE
CONCRETE SUB - C
FIELD LABOR - DUCT
FIELD LABOR - PIPE
FABRICATION LABOR
MISCELLANEOUS LABOR
CASUAL LABOR
SERVICE TECHNICIAN
PREMIUM TIME
DRAFTING
SUB-C/FIELD SUPERVISION
TRUCKING
PROJECT ENGINEER
RIGGING CONTRACTOR
$
HOURS $ 35.00
HOURS $ 37.50
HOURS $ 45.00
HOURS $ 35.00
HOURS $ 15.00
HOURS $ 50.00
HOURS $ 17.50
HOURS $ 75.00
HOURS $ 38.92
HOURS $ 56.70
HOURS $ 82.65
HOURS $ 165.00
SUB-TOTAL
5%
SUB-TOTAL
OVERHEAD 0%
SUBTOTAL 13.582
PROFIT 15% 2,037
SUBTOTAL 15,619
0.00%
Change Order Proposal # 02
-----------
-- ------
':>'-'Dc.,J'~nnL .::tOLILl L
-------
~ ~~~~UM~ BOYN LIB
tm 005/006
'. _' J _ _ _ _ _ . _ __ . .......... ..........a...... ~ . ... ...... v
. DATE;
PROJECT:
-Page 3 of 4
07/27/05
Boynton Beach Library
FIRE PROTECTION
glANGES -r:O SPE~ICATIONS
NONE
CHANGESTODRA~GS
Item I: Dntwing FPI01 . .
A- Added sprinkler heads to staiIwen landings and elevator pit. See Drawing FPIOl Revision 2 dated
11/05/04.
Item 2: Drawing FPI02
A. ^dded sprinkler heads to 3taiIwell and elevator, See Drawing FPI03 Revision 2 dated 11/05/04.
ELECTRICAL
gtANGES TO SPECIFICATIONS
NONE
9lANGES TO DRAWINGS
Item I: Drawing E201
A. Change light circuit H-39 in Mechanical Room 111 to Tead "H-84." See Drawing E201 Rnision 1
dated 11105/04.
A. Change 2 receptacle circuits in Elevator Pit Teceptacles from H-39 to read "H-67." Set: Drawing
E201 Revision 1 dated 11/05/04.
A. Add "wp,. suffix to the switch in the elevatoT pit. See Drawing E201 Revision 1 dated 11105/04.
Item 2: Drawing E301
A. Change the recL'Ptacle circuit in Mechanical Room III to Tead "H-S4." See Dnwing E301
Revision 3 dated 11/05/04.
Item 3: Dnwing E303
A- Move RF-4 nellr CU-5 as shown on Mechanical Dra~ngs. See Drawing E303 Revision 3 dated
11105/04.
Item 4: Drawing E401
A. Add existing utility transfonnct load cwc:u1ation. See Drawing E401 Revision 1 dated 11/05/04.
A. Add existing Service Disconnect Switch 4 to fceder to Building 1 wirewa.y with the rating of
"gOOnoo". See Drawing E40! Revision 1 dated 11/05/04.
A. Add oUsting Service Disconnect Switch 3 to CU.! feeder and label "400/400." Add feeder to cU-
t and mu-I to read. "2 scts 4#300 kemil, 1# 2 gnd, each set in 3"c." See Drawing E4011kvision
1 dat~d 11/05/04.
A, Add existing Service DiscoDIlect Switch 4 to AHU.! and label "400/400." See: Drawing E401
Revision 1 dated 11/05/04.
G:\032oooo\0320802 Boynton BCllCb libJ1D)"lDl'\building dcparlrner>t cotJ'JlTlCnt 11_8~\Buildlinl dlepan r;bangcs 011705
0320802.d0c3114\coTTt$pondllDce\a05sriui5
, .
-----
--'-- -.-- --.---.----........
.- ------- - _---.::::::::.~J.I.~~-1...I.'-'L--lL
.~ JCJ~um~ DUI1~ LID
'ill UUO/ lJlJO
DATE:
PROJECT:
Page4of4
A. Add existing Service Disconnect Switch 1 to Panelboard A and label "100/100." See Drawing
E401 Revision 1 dated 11/05/04.
A. Move SUTge suppressor, conductors and conduit shown on existing wirevray building 1 to
panelboard M3 circuit 50,52.54. Add 60amp, 3 pole breaker on Panelboud M3. See Drawing
E401 Revision 1 dated 11/05/04.
A. Change the number "3" #500 kcmil to read "4" #500 kemil feeding Panelboard M3, See Drawing
E401 Revision 1 dated 11/05/04.
07/27/05
Boynton Beach Library
Item 5: Drawing E602
A. Add remark to panelboard H, ... provide shunt trip breaker" as indicated on Drawing .8501 Detail.
Add BIlllSterisk next to panelboard H circuit H-69,71.73. See Drawing E602 Revision 3 dated
11/05/03.
A. Add the following to panelboard H circuit 84, "O.2kYa, #12 phase, #12 neutral, #12 ground, W'
conduit:' See Drawing E602 Revision 3 dated 11/05/03,
0:\0320000\0320802 Boynton Beach library\DP\bufidinll department comment 11--8-()4\Buildling depart changes 072705
0320B02,dot:3114"'QJTespor>dance\a05muiS
UO/Ul>/UO.._ Jl1U~ ".1 .t'^A ~l>44JlJlJ7~9
SESSOMS CONSTRUCTION
~~~ SCHENKELSHlTLTZ
@OOl
~~ Sessoms
,.~~ CONSTRUCTION
t~'~::-. C,~MP~NY, IN.:~
:.c~,. __' " '" ~
REC.~~I'IED I
JUN () 5 Z006
BY:
7485 Davie Road Extension · Hollywood FL 33024
Broward (954) 431 ~7900 . Fax (954) 436-6789
REQUEST FOR CHANGE ORDER CC CBOJ 134
MEMORANDUM
DATE:
TO:
FROM:
RE:
June 5, 2006
John Carr, SCHENKELSHUL TZ ARCHITECTURE
Lee Sessoms. Vice President
#379 - BOYNTON BEAcH CITY LIBRARY
Bid #017-2610-04/CJD
RCO # 014r, Log Item #88
Description of Proposed Change: verify location of existing building and new COlumn
location (06/05/06 - deSCription)
Reason for Change: verify information shown on Contract Documents
Additional Cost:
scel Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
SCCI Bond Premium (1%):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 300
$ 15
$ 315
$ 6
$ 321
$ 3
$ 325
PROPOSED CHANGE IN CONTRACT TIME: One (1) day
Cc: Craig Clark. Interim Library Director
Attachment: Supplier/Subcontractor Proposal
LCNlmb
G:\379 - Boynton Beach llbrary\Change OrtJers\14\014r
."" ".".'"... ~..... ".." ".A "",,"......... ,", ,U" C UN ,TKU <:[1 ON
05 uo 11.3~. univers.' surve.in~ &.... &61_736-0908
-t-,,----t
S CHE"";:'";" ~::c""-"~':- i
I: . j~
"UNIVERSAL SURVS~:rNG s~sTEMS , ::I:JtC -
profess1ona~ Land surveyors
2623 Lake D~~ve North ~ton Beach. PL 33435
(561.) 736-0432
D1\.TB. November 26, 2005
:"N'lOICB NO. 4052A
JOB NO.
OlffiBRED B"'l. John
sessoms construction Co. Inc.
1495 N. Davie Road Bxte~tion
Holl~ood, Fl. 33024
CLIENTS p/O NO.
CLIENTS NO.
aE: BO~N 'BEACH C1.ti LIBRAlt"i
palm Beach county County, F~orida
\ 1; TO UN1T
~. UNIT DA-rE DESCRIPTION pRICE AMOUNT
00 LUMP SUM 1-00 verifY Hox:iz. ~ vert. contro~ $1-200 $
00 LuMP SUM 1.00 stk B~dg for Const. $1-000 $
~oo LuMP sUM 1.00 Ti.e-In survey (Stemwa1l) $ 500 $ soa.OO
LUMP SUM 00 st~ Drainage structures $ 900 $
J,mW SUM 00 As-Built Draiange structures $ 900 $
LuMP SUM 00 Stk san:itat:Y se'ller . $ 250 $
LuMP StWl 00 As-Bui~t sanitary Sewer $ 350 $
LuMP Stn'l 00 stk Water Distribution system $ 550 $
LmvlP sutot 00 As-Built Water Distr~bution sys $ 550 $
LUMP SUtJI 00 Stk parking for Subgrade $2~00 $
Ll>>IlP SUM 00 stk p~rking for FiniSb Grade $2~00 $
LuMP SUM 00 set nails park1n9 for curb $21-00 $
I.tUMP St1M 00 l\.S-Bui~t ROck/parking . $2100 $
L~P SUM 00 Fip-al SurJ'ey $2500 $
00 E)t"l'RA ).00 Re-Stk B).dg for Canst-
-27-05
3.0 HOURS verifY ~ocation of existing $ 100 $ 300.00
Buil.diP-9 (Library) &. new column
l.ocation 1.~ 03-05
TRA 1-0
to shoW relationship of ne'1~
south ~ines 1.1.-07-05
1.00 gxrrRA 1.00 Re-Stk Bldg for Const $:1.000 $1.,000.00
As-Bui~t showing Bel.1 south l.ine9
11--1.6-05
3.0 HOURS Re-Stk CL of columnS, KO'd .a. 1.00 - S 1..QO OQ
rush job 1.1.-21-05
Tota~ $3,100.00
IUlDhY U:rulll
COpy lIIn PU\l.llIT
.--..-
-----.-._~ ---_.-~--
06/05/06 >>ON 11:43 lTX/RX NO 5543l
,
~~~~~~~~~~~ .~- ~~ ~~. -:~
7485 Davie Road Extension. Hollywood FL 33024
Broward (954) 431-7900. Fax (954) 436-6789
REQUEST FOR CHANGE ORDER CG CBOl134
MEMORANDUM
DATE:
June 5, 2006
TO:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04/CJD
RCO # 015r, Log Item #89
Descrlpllon of Proposed Change: layout bUilding to show relationship of BellSoulh
lines (06/05/06 - description)
Reason for Change: Infonnalion not shown on Contract Documents
Additional Cost:
SCCI Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
SCCI Bond Premium (1%):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 1,000
$ 50
$ 1,050
$ 21
$ 1,071
$ 11
$ 1,082
PROPOSED CHANGE IN CONTRACT TIME: Five (5) days
Cc: Craig Clark, Interim Library Director
Attachment: SUPPlier/Subcontractor Proposal
lCN/mb
G:1379 - Boynton Beach LibrarylChange Ordersl151015r
"UNIVERSAL SURVEYING SYSTEMS, INC.
professional Land surveyors
2623 Lake Drive North Boynton Beach, FL 33435
(561) 736-0432
INVOICE NO. 4052A
DATE. November 26, 2005
JOB NO.
ORDERED BY. John
Sessoms Construction Co. Inc.
7485 N. Davie Road Extention
Hollywood, Fl. 33024
CLIENTS p/O NO.
CLIENTS NO.
RE: BOYNTON BEACH CITY LIBRARY
Palm Beach County County, Florida
%
QTY.
00
00
~OO
00
UNIT
LUMP SUM
LUMP SUM
LUMP SUM
LUMP SUM
LUMP SUM
LUMP SUM
LUMP SUM
LUMP SUM
LUMP SUM
LUMP SUM
LUMP SUM
LUMP SUM
LUMP SUM
LUMP SUM
EXTRA
3.0
HOURS
100
EXTRA
10 EX
3.0
HOURS
% TO
DATE
100
100
100
00
00
00
00
00
00
00
00
00
00
00
100
100
DESCRIPTION
verify Horiz. & vert. control
Stk Bldg for Canst.
Tie-In Survey (Stemwall)
Stk Drainage structures
As-Built Draiange Structures
Stk Sanitary Sewer
As-Built Sanitary Sewer
Stk water Distribution System
As-Built Water Distribution sys
Stk parking for subgrade
Stk parking for Finish Grade
Set nails Parking for Curb
As-Built Rock/parking
Final survey
Re-Stk Bldg for Const.
9-27-05
Verify location of existing
Building (Library) & new column
'on
Re- g for Const
to show relationship of Bell
south lines 11-07-05
UNIT
PRICE
$1200
$1000
$ 500
$ 900
$ 900
$ 250
$ 350
$ 550
$ 550
$2100
$2100
$2100
$2100
$2500
$1000
$ 100
$1000
As-Built showing Bell South lines
11-16-05
Re-Stk CL of columns, KO'd S 100
rush job 11-21-05
Total
KINDLY RETURN
COpy WITH PAYMENT
AMOUNT
$
$
$ 500,00
$
$
$
$
$
$
$
$
$
$
$
$
$ 300.00
S 300.0Q.
$3,100.00
.' ---- -----------.----- -----.--. . --------.--..----------...
06/05/06 MON 11:43 [TX/RX NO 55431
Sessoms
CONSTRUCTION
COMPANY, INC.
,,:::::''':::::==':::::======:::=---==-,,=:-= ::- -=~ - = -
7485 Davie Road Extension · Hollywood FL 33024
Broward (954) 431-7900 · Fax (954) 436-6789
REQUEST FOR CHANGE ORDER CG CBOI 134
MEMORANDUM
DATE:
June S, 2006
TO:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04/CJD
RCO # 016r, Log Item #90
Description of Proposed Change:
description)
As-built showing BellSouth lines (06/0S/06
Reason for Change: Information required by Soils Engineer
Additional Cost:
SCCI Overhead and Profit (OS%):
Subtotal:
City Permit Fee (2%):
Subtotal:
SCCI Bond Premium (1%):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 1,000
$ SO
$ 1,OSO
$ 21
$ 1,071
$ 11
$ 1,082
PROPOSED CHANGE IN CONTRACT TIME: Five (S) days
Cc: Craig Clark, Interim Library Director
Attachment: Supplier/Subcontractor Proposal
LCN/mb
G:\379 - Boynton Beach Library\Change Orders\16\016r
U':.:l l)U .J.'&'. -' . -
"UNIVERSAL SURVEYING SYSTEMS, INC.
professional Land surveyors
2623 Lake Drive North BOynton Beach, FL 33435
(561) 736-0432
DATE, November 26, 2005
NVOICB NO. 4052A
JOB NO_
Sessoms Construction Co. Inc.
7485 N. Davie Road Extention
Hollywood, Fl- 33024
ORDERED BY. John
CLIENTS pIO NO.
CLIENTS NO.
E: BOYNTON BEACH CITY LIBRARY
Palm Beach County County, Florida
% % TO UNIT
QTY. UNIT DATE DESCRIPTION PRICE AMOUNT
00 LUMP SUM 100 Verify Horiz. & vert. control $1200 $
00 LUMP SUM 100 Stk Bldg for Const. $1000 $
~Oo LUMP SUM 100 Tie-In survey (Stemwall) $ 500 $ 500.00
LUMP SUM 00 Stk Drainage Structures $ 900 $
LUMP SUM 00 As-Built Draiange Structures $ 900 $
LUMP SUM 00 Stk sanitary sewer $ 250 $
LUMP SUM 00 As-Built Sanitary Sewer $ 350 $
LUMP SUM 00 Stk water Distribution System $ 550 $
LUMP SUM 00 As-Built water Distribution sys $ 550 $
LUMP SUM 00 stk parking for Subgrade $2100 $
LUMP SUM 00 stk Parking for Finish Grade $2100 $
LUMP SUM 00 Set nails Parking for Curb $2100 $
LUMP SUM 00 As-Built ROck/parking $2~00 $
LUMP SUM 00 Final Survey $2500 $
00 EXTRA 100 Re-Stk Bldg for Const. $1000 $
9-27-05
3.0 HOURS Verify location of existing $ 100 $ 300.00
Building {Library} & new column
location 11-03-05
100 EXTRA 100 Re-Stk Bldg for Canst $1000 $1,000.00
to show relationship of Bell
EXTRA 100 Re-Stk Bldg for Canst $1000
As-Built showing Bell South lines
11-16-05
3.0 HOURS Re- 1
rush job 11-21-05
Total $3,100.00
KINDLY RETURN
COpy WITH PAYMENT
.--"-- ,-------------------------~-~---_.--~---------" .--.---- _.~--
_.---~----~._-^---~. .-.---.---.---- ---
.-~.- -------- --'- - .-- ---
- ----- -----------.-"-.--------.----.-
06/05/06 MON 11:43 [TX/RX NO 5543)
-~~
=
REQUEST FOR CHANGE ORDER
MEMORANDUM
7485 Davie Road Extension · Hollywood FL 33024
Broward (954) 431-7900 · Fax (954) 436~6789
CG CBOl134
TO:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
r-)L'(""'1EIVED
-t\,.f:'.J j _.
APR 2 l 2006
DATE:
April 26, 2006
FROM:
Lee Sessoms, Vice President
:0~I;Kt\.Bi, & SHULTZ, INC.
''l'if'-;<:::'T' PALM BEACH FL
RE: #379 - BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04/CJD
RCO # 017
Description of Proposed Change: Costs associated with the revising the temporary
entry way (SCCI breakdown & subcontractor quotes are attached)
Reason for Change: As requested in Proposal Request #9 (copy attached)
Additional Cost:
SCCI Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
SCCI Bond Premium (1 %):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 28,936
$ 1,447
$ 30,383
$ 608
$ 30,991
$ 310
$ 31,301
PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days
Cc: Craig Clark, Interim Library Director
Attachment: Supplier/Subcontractor Proposal
LS/mb
G:\379 - Boynton Beach Library\Change Orders\17\17
COST SUMMARY
Date: 04/26/06
Pr?jec~:_ m_Bo~n.!9-,,",-E3_~~ch City_~ibr~ry
Projec!N~-"--_ BidftQ17-2610-Q.4/g~D
Pro
D.esG!ietion
EQUIPMENT
Amount
$0.00
$0.00
$0.00
$0.00
Amount
$-6.00
$0.00
$0.00
$0.00
Means
LABOR
Quantity
. I--()--
o
o
o
Sub Total
-- .----- ------
$0,00
$0.00
$0.00
Amount
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Amount
$2,360.60
.$3,085:60
($2.850.60
un $995.00
$5,602:00
ff,985.()O
-$129:17
$17,690:00
$6:00
$0.00
-$28,936.17
-.- ----.-....-----.--
$28,936.17
Means
MATERIALS
_Quantity_
o
o
o
o
Unit Rate
SF 0.00
GAL 0,00
SF 0.00
LF 0.00
Material Subtotal
- ---"._-----
Tax total
_._.___u__.___
Material total
Unit Price
-------- ------- - ---._------
.i~d=(~:~~E
fNetL .5,602.06
!_i\J~f ..'j" 1,-~~_~.0()
r Net 129.17
I Net .. 17,690.00-
i ..!'Jet_LO:OQ
I Net I 0.00
fTax
I
I
6%
Section
SUBCONTRACTOR Tmde
Geck -Construction, fn(;~.=___ pour slilb : out~~~9uence _
Lotspeich Co. ofF'.~'.'!1c. hollow metal door/frame/hdwe
c;rystal Clear Glass .... _ _ delete glass doors
B-.~:_ D'A~dio F-'!lJmbing Co. f/i 2" PVC water main-
Elcon Electric Incorporated relocateexit"signs, newfrxlures-
MJR Construction Svcs, Inc. demolition temporary entrY
~JR C;onstruction Svc.s, In.c._~__= insJangla~-~n d.~r:s _n_
MJR C;onstruc;tion Svcs, Inc. h~m'po~ryerltry ...
OlJ(3~tity _
1
1
1
1
1
1
1
1
1
1
Sub total
1-
Tax included
Sub Total
Subtotal
--_._---~_._---
:::>yerl1.E'l~C!.&f>rofit
$28,936.17
- -$1-;f46:81
______ J
_~.O~o j
2.0%j
1.0%[
~ity P~rrni!Fee
$607.66
30nd Premium
$309,91
rOT AL
$31,300.54
Tran~)mittal
Page 1 of I
SCHENKEL SHULTZ
000 ARCHITECTURE 000
Transmittal Cover Sheet
Boynton Beach Library - 0320802
Boynton Beach City Library
208 S. Seacrest Blvd.
Boynton Beach, FL 33435
Phone: (561) 742-6380
Fax: (561) 742-6381
Date: 4/24/2006
Number: 116
Transmitted
to:
Lee Sessoms
Transmitted
from:
John Carr
Schenkel Shultz
Sessoms Construction Co.
7485 Davie Rd. Extension
Hollywood, FL 33024
Phone :(954) 431- 7900 ext.
Fax:(954) 436-6789 ext.
West Palm Beach, FL 33409
Phone :(561) 697-3451 ext.
Fax:(561) 697- ext.
Package Transmitted For
For Record
Delivered Via
Fax
Tracking Number
Item #
Qty
Item Reference
Proposal
Request/Request - 9 -
Change Order
Description
Notes
Tempoary entry Way.
Temporary Entery
Cc: Company Name Contact Name
Copies
Notes
Remarks
"
, S;gnature
~/b6
Si ed Date
{fi~~
Propc,sal Request
Page I of I
SCHENKEL SHULTZ
ODD ARCHITECTURE ODD
Proposal Request
Boynton Beach Library - 0320802
Boynton Beach City Library
208 S, Seacrest Blvd.
Boynton Beach, FL 33435
Phone: (561) 742-6380
Fax: (561) 742-6381
Date: 4/24/2006
Number: 9
RCONumber:
To : Lee Sessoms
Sessoms Constmction Co.
7485 Davie Rd. Extension
Hollywood, FL 33024
From: John Carr
SchenkelShultz
1300 N. Congress Ave
West Palm Beach, FL 33409
Please submit an itemized quotation for changes in the Contract Sum and/or Times incidental to proposed modifications to
the Contract Documents described herein.
THIS IS NOT A CHANGE ORDER NOR IS IT A DIRECTION TO PROCEED WITH THE WORK DESCRIBED
HEREIN.
j. >~ --
Description
Tempoary entry Way.
Notes
Please provide total cost to funish and provide temporary acess to the Library
Attachments
Contractor
SCHENKELSHUL TZ
~~
~~/~DIL~V~ ~O.~~
:JOJ..(.:J~J..~OO
uc...........r"'-. ........UI'I...:l1 f'-u......... ..LWI,
f H......t- L1..L' tJ.L
GECK CONSTRUCTION, INC.
136 GALIANO STREET
ROYAL PALM BEACH, FL. 33411
561-795-1003
561-795-1586
cOpy
November 15th, 2005
Re; Boynton Beach Library . Extra changes for remobilization charges for
temporary entrance.
I) Pour apprOJL 400 sq. ft. slab with thickened edges out of sequence.
3 Finishers
4- hour minimum pump charge
Block masons
$ 750.00
$ 800.00
S 750.0.U 0/
,/ ~3C09Q.
Thank You,
Steven Ged.:
11/15/05 TUB 10:23 [TX/RX NO 7920J
<~.~ ...._ .,_...,..~, ....,. ...........Ill 1 VV-L) V'-' '
OISt-'t:Il-n WrD
(;cncx-llllutcrior Contracting
Acoustic;a.( Ceillngll . Partitions. Raised Ac;= FlCJ;>f1i
Drywall CODstruction . COJJ:m)CJCii.l Flooring
.
-Change Order
Request
Lot5pelcb Co. 0.( Flood'l, lnt:-
7435 CeJltrallndwilIial Drive. Suit!; A. Riviera Beacl1., FL 33404
Voice: (561) 848.3040 FB:X.: (561) 8411-9Q20
LOTSPEICH
co, OF Fl.., INC.
Doors .and Rtx-d...arc
Salt::; and Instal]ati~
Contractor:
Sessoms Construction
COpy
Date: 23-Aug-05
C.O,R.#: 1
L.C.F. lob #~ 27-5-9350
Job Name:
Boynton Beach Library
Reference:
Temporary Entrance
Description
Price
Lotspeich Co, of Florida, Inc. proposes to furnish only the following material for the above referenced
project:
1 - 6070 3-Sided Welded 16 Ga. Galv. 7-1/2" Jamb Depth Frame WHB
1 - Pr. 3070 16 Ga. Galv. H Series Doors w/narrowlites
6 - Hag~r, 881191 4-1/2 x 4-1/2 NRP 320 Hinges
1 - Von Duprin, 9827EO-F 320 s.urface Vertical Rod Exit Device
1 - Van Duprin, 9827L-F x 996L 32D Surface Vertical Rod Exit Device w/cylinder
2 - LCN, 4041-Cush AL Door Closers
1 - Pemko, 2005AV-72" Alum. Threshold
1 - Pemko, 346C-7~" Alum, Rain Drip Cap
1 .;... Pemko, 303AS -7284 W/S Set .
2 - Pemko, 303A V-84" W/S AstragaJ
Total Price Material Only $3,085.00
Notes and Conditions:
1. Price includes sales tax. -
2. Deliveries are F.O.B. jobsite, tailgate delivery.. Shake out not included.
3. Grouting and bituminous coating of frame is Bxcluded.
4. This opening is a Hurricane Approved Assembly.
S. Glass and glazing for narrowutes is excluded.
6. Frame and doors to be filed finished by others.
The aforementione.d changes to work activity will res:u1t in: additional wo;.!cing days added to the project completion datB.
Approval of this change order: is required by: Approval of chis change order after the listed date may resul! in additional
costs and added time. Please not~ any exclusions or qualifications li.;te.d abave. In addition, we reserve the l"ight to quote on all
costs that may be unforeseen at this time.
By:
By~
er ~ignature
YYIA-~r.
Lotspeich Co. of Florida, lnc.
Accepted:
Title:
Patty Mangold, AH,C,
Project Manager
Title:
.. .
"
10/20/05 THU 09:41 [TX/RX NO 75591
nl~- \ U-LUUU\ I UL) I I' L 1
r. L V nuJ.)J,U I LunL-Jl''lU
'\ I 11/\ I -,V) ,..Ju.J
"
COpy
R. L. D' Addio Plumbing Co., IDe.
1125 Crestwood :Boulevard
Lake Worth - Ftorida - 33460
t-mall: pi1)CrilC(dl~n$o\1!l\.nct.
Phone# (561) 582-5500 Fax# (561) 585-6414
CF C057296
visit our wcbsitc aI: www.rldaddioolumbco.com
Customer....., .: Sessoms Construction Todavls date........:Janu8IV 10.2006
Estimator. . . . . .: Lee SessomS a L. D. c.o.#._: JAN".04
Phone # .......:954-431~7900 Drawing title.. .....:. Site ViSit
Fax #...."..... :954-431-6789 Plans dated..........:
Job Name.. .... :Bovnton Beath Library Arcbitec:t.......... ...:
Job Address... :208 S. Seacrest Ave Engineer........ ....:
CHANGE ORDER PROPOSAL
Sea.... of work: Furnish and lJlstall 2" PVC Water Main from existing water meter and coonect to new
water meter FBO. (Not Included: Excavation I Backfill by others.)
fRANCg ODtlltR "PQoPOSAL:. S 995.00
NOTEIIl, Please DDtif'y QUI" ollice in writing as to the occeptaI1d' of this proposal so we may schedule this
extra work into the present constrUction schedule. .
,;
R. L. D> Addio Plumbing EstimafDr. Richard L. U' Addio
Approved By:
:E!<tlUllion>: CJrIks< as nored abm>e. all af the fal/owing ore =/uIkd: AtItkntirmP. Dewatering. 1Jod!i1l.
()verljme. Wiring, Cutting and Patching, DemolRemovol of Debris, Concrete Work, lAboratory fees.
........------ ...--........-.........--...-.......-----..................
l!IlClwivo ofrodt IIltQvlUlIIL Atl~. aid .pJllQllIldi...ncl ar jutJillcd .IWI ~ ill Ihe J\Dftle oUt. l.,. D" Addio PlumbiDS CCl.. 1no. utStill\llly paid for.
"We are known by the Companle$ we keep ... .., ... ... ,.' ,-. 'n Servicing"
.....
......
01/10/06 TUE 10:28 [TX/RX NO 8587]
elcon
~o'py
/:~' ."",!.. ",;' '. " ,'1,' ""
~,:"'''' '
ELECTRIC INCORPORATED
2150 NW, 33'" Street, Suite C. Pompano Beach. FL 33069
(954) 979-5445
(954) 979-5449
STATE LICENSE
EC0001331
FAX
REQUEST FOR CHANGE ORDER
December 19, 2005
Job No.: 5602
R.C.O, No.: 4
R.F.P. No.:
SESSOMS CONSTRUCTION
7485 Davie Road
Hollywood, FL 33024
Project:
BOYNTON BEACH LIBRARY
BOYNTON BEACH, FLORIDA
RECEIVED
DEe 2 1 2005
Sessoms Constr. Co.
Attention:
Robert Scott
Reference: Temporary Entry
Gentlemen:
We propose to increase our contract total in the amount of: FIVE THOUSAND SIX
HUNDRED TWO DOLLARS AND 00 CENTS ($5,602.00) for the following:
Proposal:
. Relocate exit signs
. Provide l' x 4' fluorescent light fixtures with wire guard
. Tie in new lighting fixtures into an existing electrical circuit
Furnish and install additional electrical work as per fax from Lee Sessoms dated
12-15-05. Revised sheet A003 temporary entry
TOTAL This Request For Change Order $5,602.00
STIPULATIONS: This proposal is based solely on the usual cost elements such as
labbr, material, and normal markups ana does not include any amount for additional
changes in the sequence of work, delays, disruptions, rescheduling, extended
overhead, overtime, acceleration, and/or impact costs; and the right is expressly
reserved to request an equitable change order for any and all of these related items
prior to final settlement of this contract. General Contractor work not included
Page 1 of 2 RCO #4
FPL
'roject Name: BOYNTON BEACH CITY LIBRARY
RCO # : 4
Date: 12/19/2005
Estimate #: 5602
[Material] [Labor] rate % of hours
Tax: 6.5% $485.64 Straight Time F-man @ $65 30% $1,345.50
Overhead: 10% $534.20 Straight Time J-man @ $47 70% $2,270.10
Fee: 5% $560.91 Straight Time App @ $40 0% $0.00
Overtime F-man @ $66 0% $0.00
[Total Material]: $560.91 Overtime J-man @ $62 0% $0.00
Overtime App @ $52 0% $0.00
[Total Laborl: $3,615.60
[Project Quotes/Expenses (taxable)] [Project Expenses (non-taxable)]
Switchgear: $0.00 Labor rate % of hours
Light Fixtures: $500.00 Project Manager @ $65 5.00% $224.25
Fire Alarm: $0.00 Superintendent @ $62 7.50% $320.85
lVSS $0.00 Estimator @ $47 3,00% $97,29
Card Assess System $0.00 Clean-up @ $15 2.00% $20.70
Material Handling: $0.00 Administative @ $25 1.00% $17.25
LiftsfTools: $0.00 Drawings/ As builds @ $58 1.00% $40.02
Testing: $0.00 Layout@ $25 1.00% $17,25
Permitting: $0.00 Safety Program @ $60 1.00% $41.40
Temp Power/Storage: $0.00 Inspection Coordination @ $45 1.00% $31.05
Sum Expenses: $500.00 Sum Expenses: $810.06
Tax: 6.5% $532.50
Overhead: 10% $585.75
Fee: 5% $615.04
Subtotal: $615.04 Subtotal: $810.06
l[Total Project Expensesl: $1,425.10
Total Material $560.91
Total Labor $3,615.60
Total Expenses $1,425.10
SUBTOTAL RCO $5,601.61
BOND(if applicable) rate: 0.00%
TOTAL BOND $0.00
TOTAL AMOUNT OF RCO: $5,601.61
Page 1
Elcon Electric
* * BID TAKE - OFF DETAILS -- FORMAT 2 * *
* * Job: BOYNTON BEACH CITY LIBRARY * * Job Number: WAR05602 * * Bid Date: 6/24/2005 * *
Page 1 Date 12/19/2005 8:50:44 AM
00521
Descri lion
Sheet
<No Name>
RELOCATED EXIT LIGHTS
*12 THHN CU SOLID
1/2" ALUMINUM GREENFIELD
1/2" FLEX CONN SS CAST
1/2" FLEX CONN 90 SQZ
4" SQ BOX 1-1/2"D 1/2"&3/4" KO
4IN SQ FLAT BLANK COVER 752
4IN SQ TO RND RING 5/8 756
WIRENUT RED IDEAL
l'x4' STRIP LIGHT W/WIREGAURD
WIRENUT YELLOW IDEAL
WIRENUT RED IDEAL
ANGLE BKT
THRD STEL RD 60IN 1/4-20 7460
SPLIT LOCK WASHER 1/4 55-234
HEX NUT 1/4
12/2 MC CABLE W/GREEN GROUND
14/2,14/3, 12/2ANTI-SHRT BAS-O
BX CAST BOX CONN 1/2 XC-221
1/2" EMT CONN SS DC
4" SQ BOX 2-1/8" DEEP 3/4 KO
4IN SQ FLAT 1/2KO COVER 753
RED SCOTCHLOKS 3M
3/16 X 4 TOGGLE BOLT
1/2" EMT
1/2" EMT COUP SS DC
1/2" UNISTRUT STRAPS
H2 THHN CU STR
01000
Totals
4.00
48.00
12.00
4.00
4.00
8.00
4.00
4.00
8.00
5.00
10.00
10.00
5,00
10.00
10.00
20.00
50,00
10.00
10.00
5.00
5,00
5.00
5.00
5.00
250.00
25,00
25.00
750,00
0.128
0.449
0.558
3.549
1.862
0.692
1.120
0.133
0.089
0.133
0.204
1.442
0.022
0.141
0.740
0.056
0.729
0.441
3.146
0.782
0.122
0.440
0.628
0.463
1. 061
0.158
6.165
5.386
2,233
14.195
14.898
2.769
4.479
1.062
ntitle
<No Name>
1.500
0.011
0.068
0.225
0.225
0.563
0.125
0,313
0.050
1.000
0.050
0,050
0.421
0.280
0.038
0.070
0.042
0.188
0.245
0.094
0.563
0.125
0,060
0.225
0.070
0.056
0.056
0.010
6.00
0.528
0.816
0,900
0.900
4.504
0.500
1.252
0,400
5.00
0.500
0.500
2.105
2.800
0.380
1.400
2.100
1.880
2.450
0.469
2.815
0.625
0.300
1.125
17,500
1.400
1.40C
7.650
68.20
Page : 1
0.894
1.327
1. 022
14.420
0.225
2.812
36.982
0.556
7,293
2.207
15.732
3.910
0.609
2.201
156.981
11.571
26.519
118,854
455.30
Date: 12119120058:50:45 AM
JAN 22,2006 14:12
9549670189 page 1
.M
.J
R
.,~,;~i;:~ /,_:1t.l$:~;, ~_~ ~
f'onsh.tl(.tiol~~J~"p , PROPOSAL
S(~,,"'il.l.S I n(~.
DATE
PROPOSAL #
JAN. 20, 06 PR02006009
4205 MtKinley St. Hollywood, Fl. 33021
Off: 954-214-4313 Fax: 954--967-0189
PROPOSAL TO:
Sessoms ConstructioD Company, IDe.
7485 Davie Road Extension
Hollywood, Fl. 33024
P.O. NO.
TERMS PROJF.CT
FOR YOUR RE- BOYNTON BEACH
VlEW LIBRARY DEMO
Attn: Fred Jones
QTY.
DESCRIPTION
RAT'E
AMOUNT
1 Provide labor, & equipment to remove roofing paper, plywood, joists, &. ledger
from temporary roof complete. Load all trash into dumpster on site provided by Sessoms
Const.
2 Provide labor, & equipment to remove rooting paper, plywood, studs, top &
bottom plates from temporary wall complete. Load all trash into dwnpster on site provided
by Sessoms Const.
3 Please note this proposal DOES NOT include the following: any architectural
or structural drawings, permits, permit processing, permit fees, electrical work or removal,
dumpsters, or any other work not listed above.
Total $ 1,985.00
01/22/06 SUN 14:13 fTX/RX NO 87991
JAN 22,2006 14:12
9549670189
page J
M
.J
R
(~~.;"O,/F\;-..~
\"t ", ,r; i" i.i'~
~.~ '\%fr';ie n
(~Ollst 1.II(~tion
INVOICE
Se..vj..cs I U(a.
DATE INVOICE 1#
JAN. 17106
200601 g
4205 McKinley St. Hollywood, Fl. 33021
Off: 954-214-43J3 Fax: 9S4-967.()189
INVOICE TO:
Sessoms Construction Company, Int.
7485 Davie Road Extension
Hollywood, Fl. 33024
~
P,O, NO. TERMS PROJELl
DUE ON IlE- BOYNTON BEACH
CEJPT LIBRARY
Attn: Bob Stott
QTY.
RATE.p.,~- AMOUNT)
DESCRIPTION
.~
1 Provide labor, material, & equipment to pick up glass from Glass & Estimating.
Install 2 pes of glass in 2 new temporary steel doors.
Total $ 129..17
01/22/06 SUN 14:13 [TX/RX NO 8799]
JAN 22,2006 14:12
9549670189
page 2
M
J
R
(;onstl"u(.ti~ 0 ~~y
~(~I",;i("es I n(~.
INVOICE
DATE INVOICE #
JAN. 17,06 2006015
4205 McKinley St. Hollywood, Fl. 33021
Off: 954--214-4313 Fax: 95+967-0189
INVOICE TO:
PRO. NO. TERMS
PROJECT
Sessoms Construction Company, I..e.
7485 Davie Road Extension
Hollywood~ Fl. 33024
PR0200S0S4 DUE ON RE-
CEIPt
BOYNTON BEACH
UBRARY
Alto: Bob Scott
QTY.
L___ ~~,~VNT I
DESCRIPTION
RAtE
1 Provide labor, material, & equipment to build temp partition for demolition as
requested.
2 Provide labor, material, & equipment to build temp enclosure for public use
during construction complete wI roof. Walls to be 2 x 6 & roofto he 2 x 12. Cover new wall
on 1 side & new rooftop wI 3/4" plywood & 3(}# felt as requested. Clean up all work areas
complete & load all debris into dumpster on site.
3 Provide labor, materiat & equipment to form new 10' wide x 4" thick sidewalk
& landing from existing sidewalk to new entrance of building as per plan. ( Please note this
proposal includes final grading only of this work area. ) Pour, place, & fmish concrete side-
walk & landing complete. Remove all form materials after pour & clean up work area, com-
plete & load all debris into dumpster on site. '
Credit this item ( -# 3 ) which was not done by MJR Const. Svcs. ( S I ~OOO.OO )
4 Provide labor. & equipment to install 1 new pair of doors. frame, & hardware
for new temp entrance to building.
S Provide labor. material, & equipment to build & set up new 2 x 4 & plywood
barricade as requested. Total 44 lIr.
Total $ 17,690.00
01/22/06 SUN 14:13 [TX/RX NO 8799J
04/24/2006 14:53 FAX 5616975210
_~_.~CHENKEL SHULTZ
!41 ()o:uoo~
Page 1 of 1
, Proposal Request ~
SCHENKEL,SH'ULTZ
ODD A R, C,H I T Fe T U R' E 00 0
~....."'.'"
f~i"-~;';'
~~;h~r
r~-~-~':~':i\~~ _ /(;P
, " (,tii" It!"
~f' ffl1
Proposal Request
Boynton Beach Library - 0320802
Boynton Beach City LibraI)'
208 S, Seacrest Blvd.
Boynton Beach, FL 33435
Phone: (561) 742-6380
fax: (561) 741.6381
Date: 4/24/1006
Number: 9
RCONumber :
To: Lee Sessoms
Sessoms Construction Co.
7485 Davie Rd, Extension
Hollywood, FL 33024
From: John Carr
ScbenkeJShultz
1300 N_ Congress Ave
West Palm Beach, FL 33409
Please submit an itemized quotation for changes in the Contract SUln and/or Times incidental to proposed Inodifications to
the Contract Documents described herein.
THIS IS NOT A CHANGE ORDER NOR IS IT A DIRECTION TO PROCEED WIlli THE WORK DESCRlBED
HEREIN.
~ ..-,,:'
Descriptioll
TempollI)' entry Way
Notes
Please provide total cost to funish and provide tempordl)' ac.ess to the Librmy
Attachments
Contractor
SCHENKELSHULTZ
http://ss-sql-fl/CAWeb/Forms/newPRasp?Action=PRINT &P ARA=;COMMID: 1 OO;MOD." 4/24/2006
I
Sessoms
CONSTRUCTION
COMPANY, INC.
~HYot...~--""""'--"~"",
.Il'._'
REQUEST FOR CHANGE ORDER
MEMORANDUM
7485 Davie Road Extension · Hollywood FL 33024
Broward (954) 431-7900 · Fax (954) 436-6789
CG CBOl134
DATE:
June 7, 2006
TO:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04/CJD
RCO #023, Project Log #112
Description of Proposed Change:
Cost escalation price increase regarding flooring (carpet, VCT and ceramic tile)
Reason for Change:
Cost escalation for price increases due to time delay
Additional Cost:
SCCI Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
SCCI Bond Premium (1 %):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 10,085
$ 504
$ 10,589
$ 0
$ 10,589
$ 106
$ 10,695
PROPOSED CHANGE IN CONTRACT TIME: Zero (0) da\ ~
~~CG~UW[EfQ)
JUN 0 8 2006
Cc: Craig Clark, Interim Library Director
Attachment: Supplier/Subcontractor Proposal
LS/mb
SCHF,C:L ,). / INC
\'VEST ,;',"'.1. !Vi :'-;;:':":~:H: Fl' ."
G:\379 - Boynton Beach Library\Change Orders\23\23
85/05/2885 18:03
%442'32775
CC I FUJUR CUVI::R 1 N!.:J
eel Floor Covering
Carpet - Wood - Marbll!J - Vinyl - Tile
Ca'1'et C"llectlon, Inc.
Fax
TO: Sessom Cons{f'l,Jc{;CJ1I Cu., IfI<;
A TTN: Lee Sessoms
FROM: Carl Sabino
DA TE: 8I05IVB
PHONE: (954)431-7900
FAX: (954)436-6789
RE: Boynton Beach Library
PAGES: 01
Comments:
Please find bellow the reqvested price difference from original estimate #CE-22D453
dated 10/0712005. All adjustments includes also sales tax.
1)J & J Carpet Stly Emotion, Hue tapia, and Confetti:
Total of 1.635 SY $ 7,043.75
2)Armstrong VeT 01, 02, 03, 04, and 05:
Total of 9.330 SF $ 1,206.90
3) Vinyl Base 5.760 LF
Total of 7.760 LF $ 288.00
4)DalUle Ceramic Tile
Total of 3,000 SF of tile and 260 LF of Base $ 1.546.25
Total of adjustment to be added to Original Estimate $ 10,084.90
If you have any questions or concerns, please do not hesitate to contact us..
Sincerely,
Carl Sabino
eCI Floor Covering
416 $.. Military Trail- Deerfleld Beach, FL 33442
Tel.. (954) 429-2711 - Fax (954) 429,.2775
WWW..CcJflDD,t:D"ering.cDm
06/05/06 MON 11:00 [TX/RX NO 55421
~.'R ~!~T~~m~
;~~ COMPANY,INC.
>~ ..~:;"'.~ . ................'\-:._.... .~. ...-.:.:.....
iRr-i:(~ET'lED I
I
I ,JUNl 3 2006 I
l~,y:= J
'. -- .-....- ~
7485 Davie Road Extension · Hollywood FL 33024
Broward (954) 431-7900 · Fax (954) 436-6789
REQUEST FCtR CHANGE ORDER CG CBOl134
MEMORANDUM
DATE:
June 13,2006
TO:
FROM:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04IGJD
ReO #028. Project Log '120
Description of Proposed Change:
Cost escalation price increase regarding expansion joint cover.
Reason for Change:
Cost escalation for price increases dUB tel time delay
Additional Cost:
sccr Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
SCCt Bond Premium (1 %):
PROPOSED CHANGE IN CONTRACT AMOUNT:
PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days
Cc: Craig Clark, Interim Library Director
Attachment: Supplier/Subcontractor Proposal
LS/mb
G:\379 - Boynton Beach Library\Change Orders\28\Rco #2t1
$ 270
$ 14
$ 284
$ 0
$ 284
$ 3
$ 286
Sv~ssoms
CONSTRUCTION
COMPANY, INC.
lR1 fE CG ~ nW/[E [Q)
JUN 1 2 2006
SOiE
oad Extension · Hollywood FL 33024
Broward (954) 431-7900 · Fax (954) 436-6789
REQUEST FOR CHANGE ORDER CG CBOl134
MEMORANDUM
DATE:
June 9, 2006
TO:
John Carr, SCHENKElSHUL TZ ARCHITECTURE
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04/CJD
RCO #025, Project log #116
Description of Proposed Change:
See attached breakdown
Reason for Change:
Incorporating Proposal Request #6, Proposal Request #11 and roof cost escalation for
price increases due to time delay
Additional Cost:
SCCI Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
SCCI Bond Premium (1 %):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 82,780
$ 4,139
$ 86,919
$ 0
$ 86,919
$ 869
$ 87,788
PROPOSED CHANGE IN CONTRACT TIME: Seven (7) days
Cc: Craig Clark, Interim Library Director
Attachment: Supplier/Subcontractor Proposal
LS/mb
G:\379 - Boynton Beach Librarv\Chanop. OrrJp.....\?r;\R,." :Ii?"
06/12/013 MON 14: 00 FAX 9544366789
SESSOMS CONSTRUCTION
'-H SCHENKELSHULTZ
[f1] 002
#379 - BOYNTON BEACH CITY LIBRARY
Reo #25, Project Log #116 - Revised description
Orioinal Roof Costs:
Metal roof (11,000 sf), built up roof &
board insulation
Structural Steel
Total Original Cost
$ (341,370.00)
$ (29,172.PQ)
$ (370,542.00)
Revised Roof Installation:
1) Proposal Request #11
2) book drop shelter is included, will be deducted later
3) Proposal Request #6
roof complete _ A-1 Duran Roofing $ 293,000.00 includes skylight patch
lightweight - A-1 Duran Roofing $ 62,000.00
metal roofing (5800 sf) - Saban $ 97,430.00
roof drains - R.L. D'Addlo Plumbing $ 30,064.24
str. stl credit - George's Welding $ (29,172.00)
Total Revised Roof Cost ~453,322.24
ADDITONAL COST $ 82,780.24
+5% OVERHEAD & PROFIT $ 4,139.01
...1% BOND PREMIUM $ 869.19
TOTAL ReO #25 $ 87,~88.44
06/12/06 MON 14:00 FAX 95443~6789
SESSOMS CONSTRUCTION
~~~ SCHENKELSHULTZ
!4J 001
:{ -~ Sessoms
~~~~~~!~~N
"'~~-_._.~
-,. ,- -: - - ._~ - ~-=
7485 Davie Road Extension · Hollywood FL 33024
Broward (954) 4'31-7900 · Fax (954) 436~6789
CG CB01134
LETTER OF TRANSMITTAL
To:
SCHENKELSHULTZARCHITECTURE
1300 North congress Avenue
West Palm Beach, FL 33409
Date:
Job No.:
Re:
06/12/06
379-
Boynton Beach City Library
Z06 South Seacrest Boulevard'
Boynton Beach, FL 33435
Bid Number: #017-Z610-04/CJD
Attn.:
John Carr
Phone: 561.697.3451
Fax: 561.1397.5210
GENTLEMEN:
We are sending ~ Attached 0 Under separate copy via
fax
the following items:
o Copy of letter from
. .. .. . .. . . . . .. .. .. . .. .. .. .. .. . ... .. .. .. .. .. .. .. .. .. .. .. .. .. ..
Dated
........................,.. ..................
I COPIES NUMBER DESCRIPTION
I
1 ReO #25 revised description
THESE ARE TRANSMITTED AS CHECKED BELOW:
0 For Approval 0 Checked
0 For Final Approval 0 Checked as Noted
IB For Your Use 0 Disapproved
0 For Your Information 0 As Requested
0 For Your Attention
co: Craig Clark, Interim Library Director
o SubmiL COpies for Distribution
o Return_Corrected Copies
D Revise & ResubmiLCopies for Approval by AlE
o
Lee Sessoms. Vice President
mb
G;\379. Boynton Beaeh Ubmry\Chsnge 0I'CleB\26\06-12-06 mv descriptiOn
06/08/2006 09:3~ FAX
8095 N. \Iv. 64th Street, Miami, Florida 33166
TEL.: (305) 885-5525 . FAX: (305) 888-3859
REVISED ROOFING PROPOSAL
June 8, 2006
To: Sessoms Construction Company
RE: BOYTON BEACH CITY LmRARY
We hereby submit this proposal for the above referenced project as per plans and
specifications. The following work is included in this proposal:
· Lightweight insulating concrete W' per foot slope toward roof drains. average R=19.
at main building and rotunda.
· SBS modified bituminous roofing system with manufacture's 20 year No Dollar Limit
warranty included in this proposal.
· Base flashing with fiber cant to underside of coping cap as per manufacture's
recommendations.
· Counter flashing, coping cap. scuppers, conductor heads, and downspouts to be shop
fabricated from 0.032" aluminum with Kynar finish.
· Roof curb flashing as shown on plans, additional roof curb flashing to be charged at
$300.00 each.
· Roof drain flashing, roof drain and lead tlasbing by others.
· Pennit fees and taxes.
The base bid of this proposal is One Hundred Sixty Eight Thousand Dollars
(5168,000.00). Breakdown is as foUows: LWIC 562,000.00 and roofing 5106,000.00.
If P&P bond is required please add 2.5% to our base bid amount.
Alternate #1: for re roofing existing library please ADD $175.000.00 to our base bid
amount (This price is based on a existing lightweight insulating concrete deck:, no rigid
insulation ofLWIC is included in this price).
Alternate #2: for installation of rigid insulation after removal of skylights please ADD
$12,000.00 to OUT base bid amount.
I4J 002/003
The following items are excluded from this proposal: standing seam metal roofing and
associated flashing, insulation, and underlayment, wood blocking, wood nailing, wood
cant, plywood, pre cast concrete splash block, 0,0125" extruded aluminum downspouts,
roof hatch, roof curbs, roof drains, lead flashing, temporary roofing, metal deck, 1 Y:z"
water line, pull test for L WIe, lightweight insulating concrete repair at existing roof,
asbestos abetment
If you have any questions please do not hesitate to call me.
06/08/06 THU 10:34 [TX/RX NO 5581]
R. L. D' Addio Plumbing Co., Inc.
1125 Crestwood .Boulevard
Lake Worth - Florida - 33460
e-mail: llillcrits@..bd1:loulh.nel.
'Phonc# (561) 582-5500 Fax.# (561) 585-6474
CF C057296
visit our wcb..~itc at www_rldaddi(lplumbco,com
CHANGE ORDER PROPOSAL
Customer..,. ,..: Sessoms Construction Today's date.... ....:Junc 9,2006
E~"timator._....: Lee Sessoms R. L. D. C.O.#...: JUNE.09
Phonc # ..... ..:954-431-7900 Drawin~ title.......:. PI 01 - PI 03
Fax #....... ....:954-4366789 Plans dataL. __,h',: 1 0~28-03
Job Name... ...:Boynton Beach Library ATchitect.....__.. ....:Sehcnkel Schultz
Job Address...:Boynton Beach Engineer.. . ... . . no, :TLC En~ineerin~
~~~~------------------------------------------------------------------------------~--------~-------------------------~---~---
Scope of work: As per thc direction of Sessoms Construction, Furnish and lnstall (3) 6" Roof Drains,
(3) 6" Ovedlow Drains, (6) Drain Flashings Furnished to Others for Installation with the associated
piping and fittings all in accordance with the above noted drawings.
For your information and use, please find attached our worksheet #P-l through P-8 and Summary Sheet
dated 6-8-06 detailing the additional material., labor and equipment required to make this extra work
complete.
lm:luded Ul thi'" Pmpm""1:
~ All Work to 5' Past Building
~ All Stonn Piping- PVC
~ Hanger's I Supports
~ Corc Drill / Fire Stop
~ Excavation I Backfill wi Excavated Material
Not included in this p'(Jp(J~'al:
~ Permits I Fees
~ Site Work - Tie into Existing Storm System
~ Cleanfill For Backfill
~ Removal of Excess Fill
CRANCE OlJ~1J. ~nOPOSAL; $ 30,064.24
NOTE#l: Please notify our otl1ce in writing as to the acceptance of this proposal so we may schedule this
extra work into the present construction scbedule
----------------------~----------------------~----------------------------------------------------------------------------~------
R, L. D'Addio Plwnbing Estimator: Louis G. D'Addio
Approved By:
Exclusions: Unless as noted above. all of the follOwing are excluded: Addendum.... Dewatering, Rac/ifill.
Overtime, Wiring, Cf,ltting and Patching, Demo/Removal of Debris. Concrete Work. Laboratory fees.
All "ltI'cc:ltlctll:> arc cUlltillgell1 "POll slrik....". illterli;I'''IICe, accidellts and 011..,,. unuvuiduble delay" hcyC:llld a lid over ""hieb we have no colltrol. All Cli\imolCll rendered
Cl<CIUHivc arrack c:xcuvuliun. All mulmul. und "'luipmcnl delive~ or inHlullcd .halt remain in the Mille ufR, L. O'Addi" rhllnbillg CO.. lne, unlil fully p.~id lor.
.. We arc known by the Companies we keep,,_ .......u...... .__Servicing"
PIC · lIE
CERnREP
06/09/06 FRI 08:44 [TX/RX NO 55891
06/09/06 FRI 08:44 [TX/RX NO 55891
Job P-l
Estimate Date
Storm Underground - PVC
QTY ~ Material J Fittina Cost Per Unit Amount .. otals
10" Wye $ 376,05 $
10 x 8 $ 376,05 $
10 x 6 $ 316.05 $
10 x 4 $ 376.05 $
8" $ 327.79 $
8x6 $ 274.31 $
8x4 $ 248.16 $
8x3 $ 248.16 $
6" $ 100.72 $
6x4 $ 74.04 $
6x3 $ 89.91 $
4" $ 20.10 $
4x3 $ 18.83 $
4x2 $ 16.14 $
3" $ 10.79 $
3x2 $ 8.34 $
2" $ 4.76 $
2 x 1-1/2" $ 8.38 $
o:J 0.7 $ $
0" Sanitary Tee $ 100.09 $
6x4 $ 96.80 $
6x3 $ 96.80 $
6x2 $ 96.80 $
4" $ 17.21 $
4x3 $ 31.72 $
4x2 $ 23.32 $
3" $ 9.02 $
3x2 $ 6.58 $
2" $ 3.40 $
2 x 1-112" $ 3.40 $
o:J 0.7 $ $
10" Sweep $ 220.00 $
1 8" $ 180.00 $ 180.00
6" $ 67.48 $
4" $ 21.19 $
3" $ 10.74 $
2" $ 3.83 $'
1 07 $ 180.00 $ 126.00
10" 1/4 Bend $ 206.29 $
8" $ 179.38 $
6" $ 67.48 $
4" $ 11.08 $
3" $ 5.24 $
2" $ 1.68 $
2 x 1-1/2" Tapped $ 12.36 $
o:J 0.7 $ $
10" 1/8 Bend $ 216.46 $
8" $ 188.23 $
6" $ 61.77 $
4" $ 8.85 $
3" $ 4.76 $
2" $ 1.65 $
0 0.7 $ $
06/09/06 FRI 08: 44 [TXlRX NO 5589]
UN-09-cOOo(FRI) OB:llc R l O' AOOIO PLUMBING (FAX)501 5B5 011711 P.001I/008
P-1A
9TY Size Material I Fittin~ ~ost Per Unit Amouot Totals
10x 8 Bushing $ 175.00 $
10x 6 $ 201 ,25 $
10 x 4 $ 201.25 $
10 x 3 $ 201 25 $
8x6 $ 147.61 $
8x4 $ 169.75 $
8x3 $ 169.75 $
8x2 $ 169.38 $
6x4 $ 39.64 $
6x3 $ 45.59 $
6x2 $ 45.59 $
4x3 $ 7,63 $
4x2 $ 13.80 $
3;lC2 $ 3.68 $
2 x 1-1/2 $ 1.10 $
CD 0.7 $ $
10" Test Tee $ 450.00 $
8" $ 375.00 $
6" $ 135.00 $
4" $ 33.37 $
3" $ 18.84 $
2" $ 11,10 $
CD 0.7 $ $
10" Couplings $ 121.05 $
a" $ 78.11 $
6" $ 27.03 $
4" $ 4.91 $
3" $ 3.04 $
2" $ 1.06 $
CD 0.7 $ $
Pipe
10" $ 1025 $
10 8" $ 7.75 $ n.50
6" $ 6.10 $
4" $ 2.75 $
-]" $ 1.95 $
2" $ 1.65 $
Net $ 77.50 $ n.50
Misc. Speci~lties
Cleaner I Glue 1'5% of Pipe $ 11.53
$ $
$ $
$ $
$ $
$ $
$ $
Net $ 11.63 $ 11.63
Totals
P1
P1A
$ 126,00
$ 89.13
Total Storm Undergrouod
$ 215_13
JUN-09-2ooEJ(FJ;I) DB: d 2 R L O' AOOIo PLUMBING (FAX)SEJl SBS &d 7a f' LlDS/DOB
Storm Top~Out - PVC P-2
.QTY Size Material I Fittim~ CDst Per Unit AmDunt Totals
10H Wye $ 376.05 $
10 x 8 $ 376.05 $
1 10 X 6 $ 376.05 $ 376.05
10x 4 $ 376.05 $
1 8" $ 327.79 $ 327.79
2 8x6 $ 274.31 $ 548.62
8x4 $ 248.16 $
8x3 $ 248,16 $
2 6" $ 100.72 $ 201.44
6x4 $ 74.04 $
6x3 $ 89.91 $
4" $ 20.10 $
4x3 $ 18.83 $
4x2 $ 16.14 $
3" $ 10.79 $
3x2 $ 8.34 $
2" $ 4.76 $
2 X 1-1/2" $ 8.38 $
r=D 0.7 $ 1,45;3.90 $ 1,017.73
6" Sanitary Tee $ 100.09 $
6x4 $ 96.80 $
6x3 $ 96.80 $
6x2 $ 96.80 $
4" $ 17.21 $
4x3 $ 31.72 $
4x2 $ 23,32 $
3" $ 9.02 $
3x2 $ 6.58 $
2" $ 3.40 $
2 x 1-1/2" $ 3.40 $
Q:] 0,7 $ $
3 10" Sweep $ 220.00 $ 660,00
3 8" $ 180.00 $ 540.00
8 6" $ 67.48 $ 539.84
4" $ 21.19 $
3" $ 10.74 $
2" $ 3,83 $
D!J 0.7 $ 1.739.84 $ 1,217.89
10" 1/4 Bend $ 206.29 $
8" $ 179.38 $
6" $ 67.48 $
4" $ 11.08 $
3" $ 5.24 $
2" $ 1.68 $
2 x 1-1/2" Tapped $ 12,36 $
Q:] 0.7 $ $
2 10" 1/8 Bend $ 216.46 $ 432,92
2 8" $ 188.23 $ 376.46
6 6" $ 61.77 $ 370.62
4" $ 8.85 $
3" $ 4.76 $
2" $ 1.65 $
~ 0.7 $ 1,180.00 $ 826.00
JUt-/-09-2006(FRI) OB:4c R L O'ROOIO PLUMBING (FRX)561 5B5 6474 P 006/00B
P-2A
QTY Size Material 1 FittinCl Cost Per Unit Amount Totals
1 10 x 8 Bushing $ 175.00 $ 175.00
10 x 6 $ 201.25 $
10 x 4 $ 201.25 $
10 x 3 $ 201.25 $
1 8x6 $ 147~61 $ 147.61
8x4 $ 169.75 $
8x3 $ 169.75 $
8x2 $ 169.38 $
6x4 $ 39.64 $
6x3 $ 45.59 $
6x2 $ 45.59 $
4x3 $ 7.63 $
4x2 $ 13.80 $
3x2 $ 3,68 $
2 x 1-1/2 $ 1.10 $
CIJ 0.7 $ 322.61 $ 225.83
1 10" Test Tee $ 450.00 . $ 450.00
1 8" $ 375.00 $ 375.00
1 6" $ 135.00 $ 135.00
4" $ 33.37 $
3" $ 18.84 $
2- $ 11.10 $
CD 0.7 $ 960.00 $ 672.00
1 10" Couplings $ 121.05 $ 121.05
1 8" $ 78.11 $ 78.11
7 6" $ 27.03 $ 189.21
4" $ 4.91 $
3" . $ 3.04 $
2" $ 1.06 $
Q:) 0.7 $ 388.37 $ 271.86
Pipe
60 10" $ 10.25 $ 615.00
70 8" $ 7.75 $ 542.50
280 6" $ 6.10 $ 1.708.00
4" $ 2.75 $
3" $ 1.95 $
2" $ 1.65 $
~ Net $ 2,865.50 $ 2,865.50
Misc. Specii;llties
Cleaner I Glue 15% of Pipe $ 429,83
$ $
$ $
$ $
$ $
$ $
$ $
Net $ 429.83 $ 429.83
Totals
P2
P2A
$ 2,235,62
$ 4,465.01
Total Storm Top-Out S 6.700.63
06/09/06 FRI 08:44 [TX/RX NO 5589J
Drains I Cleanouts I Hangers I Supports P-8
QTY Size Material I Fittjn~ Cost Per Unit Amount Totals
4" Floor Drain $ 75.00 $
3" $ 75.00 $
2" $ 75,00 $
4" Floor Sink $ 195.00 $
3" $ 195.00 $
10" Roof Drain $ 300.00 $
8" $ 240,00 $
3 6" $ 200,00 $ 600.00
4" $ 110.00 $
3" $ 110.00 $
10" Overflow Drains $ 350.00 $
8" $ 275.00 $
3 6" $ 225.00 $ 675.00
4" $ 135.00 $
6 3" (ADD - on sheeet) $ 135.00 $ 810,00
Hub Drains $ 50.00 $
1 8" YCO $ 50.00 $ 50,00
FCC $ 50.00 $
2 WCO $ 10.00 $ 20.00
Trap Primers $ 30.00 $
Hose Bibbs $ 25.00 $
Wall Hydrants $ 110.00 $
5 Drain Flashings $ 30.00 $ 180.00
Roof Pieces .$ 35,00 $
Valve Box $ 100.00 $
Access Doors $ 10.00 $
Shockb'ols $ 15.00 $
Net $ 2,335.00 $ 2,335.00
HANGERS
4 10" Clevis Hangers $ 12.00 $ 48.00
9 8" $ 8.00 $ 72.00
67 6" $ 5.75 $ 385.25
4" $ 3,66 $
3" $ 2,66 $
2" $ 1.95 $
3" Copper Hangers $ 2.66 $
2-1/2" $ 2.50 $
2" $ 1.95 $
1-1/2" $ 1.75 $
1-1/4" $ 1.65 $
1" $ 1.50 $
3/4" $ 1.25 $
112" $ 1,00 $
1 10" Riser Clamps $ 15,50 $ 15,50
1 8" $ 12.75 $ 12.75
6" $ 8.50 $
4" $ 6.10 $
3" $ 5.25 $
2" $ 4.10 $
Net $ 505.25 $ 505.25
80 N-W $ OAO $ 32.00
80 Inserts $ 2.00 $ 160,00
160 T-Rod $ 0.65 $ 104.00
Net $ 296.00 $ 296.00
Total Drains I Hangers I Supports S 3.136.25
06/09/06 FRI 08:44 [TX/RX NO 5589]
JUN-09-cJOo(FKI) OB:dc
R L 0' ROOIO PLUMBING
(FRX)501 5B5 od1d
P ooBlooB
LABOR SHEET
P-l0
Storm Underground
3 Joints
2 Joints
Man Hours
10" 8" 6" 4"-2" Mise
0 0 0 0
0 1 0 0
0 2.666667 0 0 Man Hours 2.666666667
Stonn Top-Out
3 Joints
2 Joints
Man Hours
10" 8" 6" 4"-2" Mise I
1 3 I 2 0
7 8 15 0
26.15385 33.33333 42.35294 0 24 Man Hours 125.8401207
Sanitary Underground
3 Joints
2 Joints
Man Hours
10" 8" 6" 4"-2" Mise
0 0 0 0
0 0 0 0
0 0 0 0 Man Hours 0
Sanitary Top-Out
3 Joints
2 Joints
Man Hours
10" 8" 6" 4"-2" Mise
0 0 0 0
0 0 0 0
0 0 0 0 Man Hours 0
Condensate - PVC
3 Joints
2 Joints
Man Hours
3" 2" 1-1/2" Totals Mise
0 0 0 0 .
0 0 0 0
0 0 0 0 Man Hours 0
3 Joints
2 Joints
Man Hours
3" 2- 1-1/2" T otaJs Mise
0 0 0 0
0 0 0 0
0 0 0 0 Man Hours 0
Copper Water
3 Joints
2 Joints
Man Hours
3" 2-112" 1-1/4- - 2" 1/2" - 1" Totals Mise
0 0 0 0 0
0 '0 0 0 0 Man Hours I
0 0 0 0 0 0 I
3 Joints
2 Joints
Man Hours
3" 2-1/2" 1-1/4" - 2" 1/2" - 1" Totals Mise
0 0 0 0 0
0 0 0 0 0 . Man Hours I
'0 0 0 0 0 0 I
G~
QTY Material Man Hours
12 Roof & Overflow Drains 6
9 Floor Oralns / Cleanouts 2.97
82 H.;maers 1 SUDOOrts 8.2
Fixtures / Water Heaters 0
Test InSDeclions 8
FOT AL ~nl I~<'; 25.17
TOTAL LABOR 153.676787 ~
06/09/06 FRI 08:44 [TX/RX NO 5589J
06-Jo-'0609:43 FROM-George's Welding
3058225298
T-502 P001!001 F-3YJ
(jeorgeJs We[aing Services, Inc.
dba George's Metal Fob.
Misc. & Structural SteBI Fab.
CONTRACT CHANGE ORDER
Page: 1 of 1
Date: June 6, 2006
Job: #I 3718-01
Phone #: (954) 431-7900
Fax #: (954) 436-6189
Attention: Lee Sessoms
Genenl Contractor:
Sessoms Construction
208 S. Seacrest Boulevard
Boynton Beach. FL 33435
PROJECT: Boynton Beach Library
**************************.**...**.~****...**.*.*.****************************
We hereby propose to credit materials and labor necessary for the completion of:
~ Fabrication and erection of structural steel ftaming at rotunda area. (Sect. #6 and # 101 8203 ).
TOTAL THIS CHANGE ORDER (Price Deduct from original)...................... -$29.172.00
The work by this order shall be performed under the same terms and conditions as that included in the
original contract.
Authorized by:
Accepted by:
?:.~~4C~ ~ \~Uf1~-3
Gregory Harris
Signature
~-( ~~C::::>f'~.
Date
Date
"400 N.W. 134 Street · Miami. Florida 33178 · Tel. laOS) 822-2445 · Fax: (305) 822~S298
06/06/06 TUE 09:46 [TX/RX NO 5555]
13/13/2006 17:09 FAX 5616975210
t'roposaJ Request
SCHENKEL SHULTZ
141001
Page 1 of 1
SCHENKELSIllJLTZ
efo 0 A'~.e'H'l'n=,c.::r. U'F,{'E 0:0'0.'
. .. , .
t'~-'~"':~ !."f7
r:,,: ..' -~\i; -~t~;. it}'
. ,'.'Ie.... ,,-if
~ ili
Proposal Request
Boynton Beach Library - 0320802
Boynton Beach. City Library
208 S, Seacrcst Blvd.
Boynton Beach, FL 3343.5
Phone: (.561) 742-6380
Fax; : (561) 742'-6381
('------uareI:J' 006
Number: 6
R~
To ; Lee Sessoms
Sessoms Construction Co.
7485 Davie Rd. Extension
Hollywood, FL 33024
From: John Carr
SchenkelShuJtz.
1300N. Congress Ave
West Palm Beach, FL 33409
Please submit an itemized quotation fOT changes in the Coutract Sum and/or Times Incidental to proposed .modifications to
the Contract Documents described herein.
TIllS IS NOT A CHA NOB ORDER NOR IS IT A DJRECTJON TO PROCEED WITH THE WORK DESCRIBED
HEREIN.
.,
Description
Lightweight Insulating Concrete Toof system
Notes
Provide Lightweight Insulating Concrete roof system in lieu of Iltapered rigid insulation system, Provide step stair
lystyrene topped with 2" of lightweight concrete
Attachments
Initiated by: Contractor
~LJ~
Ca SCHENKELSlJULTZ
http://ss-sqI-flICAWeb_Local/FonnslnewPRasp?Action=PRlNT &P ARA,=;COMMID: 100,.. 3113/2006
03/13/06 MON 17:05 [TX/RX NO 9623]
Proposal Request
Page 1 0 f I
SCHENKEL SHULTZ
ODD ARCHITECTURE 000
Proposal Request
Boynton Beach Library - 0320802
Boynton Beach City Library
208 S. Seacrest Blvd,
Boynton Beach, FL 33435
Phone: (561) 742-6380
Fax: (561) 742-6381
Date: 5/2/2006
Number: II
RCONumber :
To : Lee Sessoms
Sessoms Construction Co.
7485 Davie Rd. Extension
Hollywood, FL 33024
From: Sam Ferreri
SchenkelShultz
1300 N. Congress Ave
West Palm Beach, FL 33409
Please submit an itemized quotation for changes in the Contract Sum and/or Times incidental to proposed modifications to
the Contract Documents described herein,
THIS IS NOT A CHANGE ORDER NOR IS IT A DIRECTION TO PROCEED WITH THE WORK DESCRIBED
HEREIN .
Description
Replace alternate root with bare bid per sheet A501 & A503.
Notes
Attachments
A501, A503
Contractor
SCHENKELSHUL TZ
MAY - 2 2006
httn.//"'~ co....-.l +1/,--, t\ llT~L IT"'
1 'NO
f-'
-lo
2; ...
'1~ !I
~d-Ih!
Z. . r:-J
~: lIi~t
lil:m;.
!
.
~
~
Z
I
1
;
i i
i -
I ~ ~
. ~ I
HI 'I~
i ~ I I
01
o .
I! l~
..
()C)l
~i l
~ ,... ~ I
~ ..1I I i =~~
I h LDX~
i ~~
. IJ.i ~ -=i
I I <I <!
E'
co
.8..c: c:-
cu",
>."'~
0<1):9
co co .J
Ii h; l.~
. ~i g .1
i "! ~ ~p
5 · . 1<(1 i'
. ~ I j ~i.. .~
ill , 'Ii! Ii
i ~ · I 1 h~! ~~.
, ~: I! I JIll I/!
! : . tll P~II~'
: ~ i ~~!1 NIM~l
I Iii n:l,hillili
ji .' 1 iiI1i;i'l!d
! it II~tI5HI;!ah
. -.; I lli!d.1Iil
: : h il !1I1~iI2;til!
III! !~iml!;i~t~~n
-
\:l
<:
:E
..
~
o
rr:
II
g
<.D
=
=
C"-.J
<!
t:'l
I
~
:2:
<I
~l
!if'
==11 ~
-~~ ,.
.....-...:.:.. 0
~~
~( '"
~51 ~
~
~
~~
gi ~
ll:.l ~
~~
~( '"
~::! g
~
-$
<I
~
~
;;
~
j;
"
[:;
2& ~
~~
, N'
f-'
--l'
2:
~~ If
~~ m ,I
~: iI~
&l:Hi,
f
i
,
I
I I I
d : g
, - i I
d !;
," ~ . i ~
! ~ j I I
In.,! r
Ii I d .1
f <> I ~I;;j ~I
.J
,
, 'I' ,.
I ..
I If
1<2"
/ \
( )
~~j
,,!! I i
I!.i ~
.q
co
E..c:: C
Cucu
>'cu'-
OQ).Cl
mm:.=J
~~
=:;,g
I_~"
.... ~g;
CC ~, I
i ~ I!; i.~
S !!R' .1
. ; 018 2 t.2
if f :fSi !~
II ; 'H Ii
'II hh I"
~ q I ~m Ii!
R ~., ....,~ ...
~ I Ih Ho1- ~i.';fg
· '"I'Vf~I',
~ f! i !!hNmm
,- i . ~ 1 Ij, 1"",,1
! i I I ilif!hlltg!t
; "i I ldiWhlU{
: : h if !UJ~II:ii!li
~ ~ n IMH!!~i~'~~H
co
=
=
0>J
~
I
>-
<(
~
L=~_
j
J-.--.
.- ---~=_J- =--=!-E."
-.-----...~..--....-.~.--.-....-- _____..___n__-....._.____. .. .......____..._.-......'_00"
<l
<l
-~~
,~~)
J
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CllY LIBRARY
Bid #017-261 O-04/CJD
RCO #025, Project Log #116
Description of Proposed Change:
See attached breakdown
Reason for Change:
Incorporating Proposal Request #6, Proposal Request #11 arid roof cost escalation for
price increases dUB to time delay
Additional Cost:
secl Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
secl Bond Premium (1%):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 82,780
$ 4,139
$ 86,919
$ 0
$ 86,919
$ 869
$ 87,788
PROPOSED CHANGE IN CONTRACT TIME: Seven (7) days
Cc: Craig Clark, Interim library Director
Attachment: Supplier/Subcontractor Proposal
LS/mb
G:\379 - Boynton BeaCh Ubrary\Change Orders\25\Rco #25
LLtO
,L'lflSmI
.LNHS .S~d
L H~VSn
illUL . LS
OJ NO IL::>HNNO::>
ssmmGVans
'lHL NOIL::>HNNO::>
ON XM/XL
)10
Ll
06.tO
Lt:80 61/90
VO::>O::> ::>'lL
9868 6C9 HC 1
}l0 NOISS!WSNVML
*********************
*** LMOdHM XL ***
*********************
TOO~
ZJ.'lllHS 'lffilNHH::>S
OTZSL6919S XV..'I lS :80 90nlZT/90
June 12,2006
Mr. Lee Sessoms
Sessoms Construction Company, Jne.
7485 Davie Road Extension
Hollywood, Florida 33024
RE: City of Boynton Beach City Library
Library Expansion / RCO # 25 Roofing
Dear Lee:
Please provide the following information. A breakdown of the roof components for the
alternate bid and base bid. The metal roof break down including square footage and credit
for rain ware. Js the roofing of the skylights included in the roofing complete line item?
Please break out the book drop as a separate item.
I have forwarded RCO # 25 to our consultant. They may have additional questions.
Sincerely,
SCHENEKELSHULTZ
4h 7
" a
/..-/
/ ~
<-... . . .. .'
. . C. ' Fred Hawkins
Craig Clark
Samuel J. Ferreri,
0320802/ contractor outgoing
Sessoms
CONSTRUCTION
COMPANY, INC.
=:_0* _ ~ :__~
7485 Davie Road Extension · Hollywood FL 33024
Broward (954) 431~7900 · Fax (954) 436~6789
REQUEST FOR CHANGE ORDER CG CBOI 134
MEMORANDUM
DATE:
June 5, 2006
TO:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04/CJD
RCO # 021, Project Log #110
Description of Proposed Change:
Cost escalation price increase regarding acoustical ceiling: Original price - $99,371.00,
Revised price - $119,587.00 = difference $20,216.00
Reason for Change:
Cost escalation for price increases due to time delay
Additional Cost:
SCCI Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
SCCI Bond Premium (1 %):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 20,216
$ 1,011
$ 21,227
$ 0
$ 21,227
$ 212
$ 21,439
PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days
Cc: Craig Clark, Interim Library Director
Attachment: Supplier/Subcontractor Proposal
LS/mb
G:\379 - Boynton Beach Ubrary\Change Orders\21\21
Lake Worth, Florida 33461
Phone (561)586-3821
FAX (561)547-3739
Memo
To: Lee
From: Chris Sebastiano
Date: 6/5/2006
Subject: Boynton Beach Library / Acoustical Ceilings
The acoustical ceiling quote is now $119,587.00 due to material and labor increases. This
is based on phase I completing by 12/2006 and phase ill completing by 3/2007. It
includes 95 pieces ofUSG "Geometries" ceiling panels. If yon plan on issuing us a
contract I will need another set of Architectural drawings and specifications to verify my
quantities as my original bid documents were discarded one year after the bid date.
06/05/06 MON 08:41 [TX/RX NO 5540]
PROPOSAL
tf~
./
(
Superior Interior Systems, Inc.
613 Industrial Street
Lake Worth, PI. 33461
Phone (561) 586-3821
FAX (561) 547-3739
August 17, 2004
Sessoms Construction Company
7485 Davie Road Extension
Hollywood, FL. 33024
431-7900
FAX 436-6789
Project: Boynton Beach Library
Location: Boynton Beach
Altn: Estimating
Scope Of Work: Supply and install,
- 2x2 class "A" acoustical ceilings per plans, specs and addenda.
00'
11~qCO'\
We hereby propose to furnish labor and materials in accordance with above scope of work for the
sum of $99,371.00
Payment Terms: Net 30 days per draw for work in place and material stored on job site.
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner
according to standard practices. Any alterations or deviations from this scope of work will be
executed only upon receipt of a written change order from your office, and will become an extra
above and beyond the proposed price listed above. This proposal is subject to acceptance within (30)
days and is void hereafter at the option of the undersigned. Buyer agrees to pay Seller all costs and
expenses of collection, suit, or other legal action, including a reasonable attorney's fee, and shall also
pay costs, expenses and reasonable attorney's fee incurred on appeal.
Superior Interior Systems, Inc.
Christopher S Sebastiano
CONTRACTOR:
TITLE:
DATE:
08/17/04 TUE 09:15 [TX/RX NO 5285]
"'
Sessoms
CONSTRUCTION
COMPANY, INC.
""~...
"l'r.
=.
7485 Davie Road Extension · Hollywood FL 33024
Broward (954) 431-7900. Fax (954) 436-6789
CG CBOl134
REQUEST FOR CHANGE ORDER
MEMORANDUM
DATE:
June 1, 2006
TO:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04/CJD
RCO # 018, Project Log #107
Description of Proposed Change:
Cost escalation price increase regarding painting: Original price - $58,800.00, Revised
price - $89,000.00 = difference $30,200.00
Reason for Change:
Cost escalation for price increases due to time delay
Additional Cost:
SCCI Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
SCCI Bond Premium (1 %):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 30,200
$ 1,510
$ 31,710
$ 0
$ 31,710
$ 317
$ 32,027
PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days
Cc: Craig Clark, Interim Library Director
~[E~[E~~~[D)
JUN 0 2 2006
Attachment: Supplier/Subcontractor Proposal
LCN/mb
SCHENKEL & SHULTZ, INC.
WEST PAlM BEAOi, FL
G:\379 - Boynton Beach Library\Change Orders\18\18
FLEISCHER'S, INC.
PAINTING · WAlLCOVERING . RESINOUS FLOORING" SANDBLASTING · FIREPROOFING
533 15TH STREET
WEST PALM BEACH. FL. 33402
TEL.: 581 833-ee81. FAX: 581 83~88e2
-j
PROPOSAL
I
.0: SESSOMS CO".TRUCnON COMPANY
7485 DAVIE ROAD EXTENSION
HOllYWOOD, FL. 33024
MAY 15, 2008.
ATT: MS. MARY DUkE
TEL: 9~31-7900
FAX: 954-436--8789
tE: BOYNTON BEACH CITY LIBRARY
208 S. SEACREST BLVD.
BOYNTON BEACH, FL.
WE ARe PLEAseD TO SUBMIT OUR PROPOSAl "0 FURNISH ALL NECESSARY LABOR, MAn:RIAL
EQUIPMENi AND SUPERVISION TO COMPLETE THE FOLLOWING SCOPE OF WORK AT THE ABOVE
REFERENCED PAOJECT IN ACCORDANCE WITH PLANS, SPECIFICATIONS AND SCHEDULES BY
SCHENKElJSHUL TZ ARCHITECTURE OF WEST PALM BEACH. FL.
SCOPE OF WORK:
SeqTtON 08900 .. PAlNTING
.. INTERIOR PAINTING OF GWB WALLS
- INTERIOR PAINTING OF DOORS AND FRAMES
.. INTERIOR PAINTING OF CEILINGS, FABCIA. AND SOFFITS
- INTERIOR PAIN'tING OF METAL STAIR COMPONENTS
- exreRloR PAINTING OF STUCCO, SOFFITS, CORNICE, MOLDINGS.
EOR TtJl.U'" OF;
1- E:HTY NINE THOUSAND DOLLARS
, "~DDD.DO
NOTES -MP C~I'ICATIQtja
1. WE DO fjgI INCLUDE REMOVAL OF EXISTING WALLCOVERJNQ AND PATCHING OF
SUBSTRATE AFTER REMOVAL. FROM EXISTINQ SURFACES.
2. ALL WORK TO BE COMPLETED DURING NORMAL WORKING HOURS.
3. ADEQUATE UTILITIES TO BE PROVIDED BY OTHERS.
4. OUR CLEAN UP TO DUMPSTER PROVIDED BY OTHERS.
PLEASE CONTACT ME FOR ANY ADDITIONAL INFORMATION YOU MAY REQUIRE.
REGARDS,
THOMAS M. BASSETT
05/15/06 MON 16:38 [TX/RX NO 5307]
June 2, 2006
Mr. Lee Sessoms
Sessoms Construction Company, Inc.
7485 Davie Road Extension
Hollywood, Florida 33024
RE: City of Boynton Beach City Library
Library Expansion / Remodel
RCO 18
Dear Lee:
Please provide original quotation with old and proposed unit pricing.
Sincerely,
SCHENEKELSHULTZ
John . Carr
Cc: ilfred Hawkins
Craig Clark
Samuel J. Ferreri,
0320802/ contractor outgoing
Sesso.ms
CONSTRUCTION
COMPANY, INC.
(RECEIvED
JUN I 3 l006
...... ...---_..~.-.- .
~ .......... .' ~.~.-
7485 Davie Road Extension · Hollywood FL 33024
Broward (954) 431 ~7900 . Fax (954) 436-6789
REQUEST FOR CHANGE ORDER CG CBO 1134
MEMORANDUM
DATE;
June 13, 2006
TO:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CIlY LIBRARY
Bid #017-2610-04/CJD
RCO #029, Project Log #121
Description of Proposed Change:
Cost escalation price increase regarding display cases
Reason for Change:
Cost escalation for price increases due to time delay
Additional Cost:
SCCI Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
secl Bond Premium (1 %):
PROPOSED CHANGE IN CONTRACT AMOUNT:
PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days
$ 3,885
$ 194
$ 4,079
$ 0
$ 4,079
$ 41
$ 4,120
Cc: Craig Clark, Interim Library Director
Attachment: Supplier/Subcontractor Proposal
LS/mb
G;\379 - Boynton Beach Ubrary\Change Orders\29\Rco #29
Sessoms
CONSTRUCTION
COMPANY, INC.
~lIIlI.""
--
"""""""'-
~"'"
REQUEST FOR CHANGE ORDER
MEMORANDUM
7485 Davie Road Extension · Hollywood FL 33024
Broward (954) 431~7900 · Fax (954) 436-6789
CG CBO 1134
DATE:
June 5, 2006
TO:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04/CJD
RCO # 020, Project Log #109
Description of Proposed Change:
Cost escalation price increase regarding toilet partitions: Original price - $10,216.00,
Revised price - $11,604.00 = difference $1,388.00
Reason for Change:
Cost escalation for price increases due to time delay
Additional Cost:
SCCI Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
SCCI Bond Premium (1 %):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 1,388
$ 69
$ 1,457
$ 0
$ 1,457
$ 15
$ 1,472
PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days
Cc: Craig Clark, Interim Library Director
Attachment: Supplier/Subcontractor Proposal
LS/mb
G:\379 - Boynton Beach Library\Change Orders\20\20
II Specialty Sales, Inc.
:J_ Box 24735
Lauderdale, FL 33307-
1One: (954) 568~9411
lX: (954) 565.9388
Quotation # 13636
To:
Sessoms Construction
7485 N. Davie Rd. ExL
Hollywood. FL 33024~
ytrfrJ:(YI :&-eJ.lV
order 10: 13636
Ship Via: Best Way
JOB REFERENCE
BOYNTON BEACH LIBRARY
Original
Quote Date:
5/4/2006
customer 10: 376
Terms: NET 10 DAYS
Revision Date:
SECTION: Toilet partitions MFO. By' ComleclSenlana
Solid plastic floor mounted overhead braced toilel part~ions consisling 0114 loilel stalls & 1
sight screen.
Oellvered price"$9,363.38
10#: 14174
SALES T AXe $608.62
MFO. By: James N Doyle
T otal=
9 972.00
SECiION: Installation - Toilet partitions
Installation of 14 stalls & 1 sight screen-
NOTE, OFF LOADING. CUT OUTS. WOOD BLOC\<.ING. STRUCTURAL SUPPORTS BY
OTHERS.
10#: 14175
SALES TAX=$99.61 Total:=: $1 632.00
ALL SPECIALlY SALES, II'C. IS W.M.B.E. CERTlFtED IN DADE, BROWl'RD AND PI'LM BEACH COUNTIES
Oelivered Pril;:e:$1,532.39
J
Ilr(j)
Thank yoU for the opportunity of quoting your firml
Shirley Clark
ACCEPTED BY:
COMPANY NAME:_
DATE REQUIRED:
SHIP TO:
Oats
~", Moo'..... ..~.... ~ ., ..,.... ...', . ...... ._., ." ...., .'" ....-'" " ........ w. .- ., ..,......... om ,- ..."""....... -".. "
~II portle.. NoTE: NO RETENTION ALLOWED 0101 DaJIIERED OfolL'f ITEMSl
TERMS: !'lET 30 d:'y~ or n.X' PPY pDrlDd ,oIlD..,lnll 1M 25th aI the _nln reQ\l\e1t1Qn d~I.. P".I due Inler>>f'\ ~holl ~"plly.1 In. ..I. o118'lCo pD' y..r. .
'0'''''0'''' -"" ,..,~...-" ....' -'-" ,-'-' ~_.. ~,..... -" - _......~ .- .,...... ... ..'- ~ ....... ....
'.0.'" ~. "' _.. "... ..... ""M. """, _' ...., " .... ",.,....... "'" .vu" '0 ,~'" -'".''' " ,u "to"'''' .."" "'0.
Quotation # 13636
Page 1 of 1
All Specialty Sales, Inc.
Friday, May 05,2006
05/05/06 FRI 11:41 {TX/RX NO 5151}
AUG-24-2004 TUE 10:58 AM ALL SPECIALTY SALES
FAX NO. 954 565 9388
P. 01/03
wrSpecialty Sales, Inc.
~ 1?E" I ~ E j) tg..rz, q -0 tf7l:'
Quotation # 12723 3 FlS.
I , ~x 24735
1 I..w.Jderdale, FL 33307-9388
. (954) 568-9411
",~__.d54) 565-9388
To:
8/20/2004
customer 10: 2
Terms: NET 1 0 DAYS
JOB REFERENCE
BOYNTON BEACH
LIBRARY
BOYNTON BEACH, FL
Order 10: 12723
Original
Quote Date:
Ship Via: Best Way
Revision Date:
SECTION: Sec. 10165 - Toilet partitions MFD. By: Santana
Poly mar solid plastic toilet partitions, floor mounted overhead braced consisting of 14 toilet stalls
& 1 sight screen.
ID#: 9710 Delivered Prlcez:$8,168.87
SECTION: Installation - Toilet partitions
Installation of , 4 stalls & 1 sight screen.
NOTE: OFF LOADING. CUT OUTS, WOOD BLOCKING, STRUCTURAL SUPPORTS BY
OTHERS.
IP" q711 Delivered Prico:;i1,468.87 SALES TAX=$88.13 Total= $1,557.00
!); IN: Sec. 10350 - Flagpole MFD. By: Eder Flag Mfg. Co
One (1) SEC 33 clear anodized flagpole, cone tapered aluminum. double cleat & halyard. ground
set.
ID#: 9712 Delivered Price41,417.92 SALES TAX=$85.08 Total:: $1,503.00
SECTION: Exterior Aluminum letters MFD. By: Metallic Arts
(46) 18" letters reading: BOYNTON BEACH CITY LIBRARY (2 sets), 2" deep fabricated
aluminum. futura letter style, baked enamel finish, standard color, 3/4" projection mtd., lexan
backs, mounting pattern; (23) 24" letters reading: BOYNTON BEACH CITY LIBRARY (same as
above); and (1) 18" X 24" cast aluminum plaque, standard border. leatherette background
texture. satin raised areas, clear coat, concealed mounting.
NOTE: ADD $250.00 FOR LIFT IF INSTALLATION OF ALUM. LETTERS IS HIGHER THAN 14'.
ID#: 9716 Delivered Pric~9,715.09 SALES TAX=$582.91 Total- $10,298.00
SECTION: Sec. 10400 - Signs MFD. By: Best Sign Systems
Plastic signs per plans & specs.
ID#: 9717 Delivered Prlce=$3,169.81 SALES TAX-$190.19 Total= $3,360.00
SECTION: Sec. 10520 - Fire extinguishers & cabinets MFD. By: Larsen's
Approx. (26) MP-l0 fire extinguishers w/standard brackets, (9) red vertical wall decals & (17)
model SS2409-R7 vertical duo clear tempered glass door cabinets.
NOTE: ADD $70.00 FOR EACH CABINET IF FLAME SHIELD IS REQUIRED.
10#: 9718 Dr..
e Ivered Price 2,555.66 SALES TAX=$153.34 Total= $2,709.00
'33
SALES TAX=$490.13 Total=
MFD. By: J. D. Installations
$8,659.00
55
5fo
58"
AiI~)feciatty Sale8, Inc,
Tuesday. August 24. 2004
Quotation # 12723
Page 1 of 2
'~ Sessoms
~~.~: .:-.:' CONSTRUCTION
~ COMPANY,INC.
..;.:. ~-
.'-" ~-...~
I RECHT
I
~ W~ 1:-3 '/v'~66
d Extension ill Hollywood FL 33024
Broward (954) 431-7900 · Fax (954) 436~6789
REQUEST FOR CHANGE ORDER CG CBOl134
MEMORANDUM
DATE:
June 13, 2006
TO:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04fCJD
RCO #030, Proje<;t Log #122
Description of Proposed Change:
Cost escalation price increase regarding storage shelving
Reason for Change:
Cost escalation for price increases due to time delay
Additional Cost:
SCCI Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
SCCI Bond Premium (1%):
PROPOSED CHANGE IN CONTRACT AMOUNT:
PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days
Cc: Craig Clark, Interim Library Director
Attachment: Supplier/Subcontractor Proposal
LS/mb
G:\379 - Boynton Beach Llbrary\Change Orders\3O\Reo #30
$ 3,000
$ 150
$ 3,150
$ 0
$ 3,150
$ 32
$ 3,182
~
Sessoms
CONSTRUCTION
COMPANY, INC.
[R1 [ECC[E~~~[Q)
JUN 1 2 2006
HENKEL & SHUL lZ, INC.
7485 Davie Road Extension. Hollywood FL 33024
Broward (954) 431-7900 . Fax (954) 436-6789
REQUEST FOR CHANGE ORDER CG CBOl134
MEMORANDUM
DATE:
June 9, 2006
TO:
John Carr, SCHENKElSHUL TZ ARCHITECTURE
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #0 17-261 0-04/CJD
RCO #027, Project log #118
Description of Proposed Change:
Cost escalation price increase regarding media center equipment. Original price _
$28,112.00, Revised price - $30,492.00 = difference $2,380.00
Reason for Change:
Cost escalation for price increases due to time delay
Additional Cost:
SCCI Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
SCCI Bond Premium (1 %):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 2,380
$ 119
$ 2,499
$ 0
$ 2,499
$ 25
$ 2,524
PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days
Cc: Craig Clark, Interim Library Director
Attachment: SUPPlier/Subcontractor Proposal
LS/mb
G:\379 - Boynton Beach librarylChange Orders\27\Rco #27
31\j Library Systems General Contractor Proposal Request
Page 1 i:tJ:. ~
PropollPI for
General Contraclor
.--_.. -
ProJc~1 N.= NllIllc
IF\(\ynloo Beach Puhlic Library Sessions Const. Co.
'" Addle..o
7485 Davie Rd. Exl.
C11~, Stli!C, :f.il' City. S'ak, Zip
noynton Beach. FJ. Hollywood, FI. 33024
Cuilla<:l Cunl~r.1
Teleflhonc T el.phone I'u
Ar,hil'Cl NAme ^dJlos.~
T c1ephone TIII,ellnlllalll>ale 'Dille ^,chil~ctlCnntr..,tur I'a"bge sent
12/1/2005 Bid
3M m3S02 douhle lIisle detection system
with buried cable:.
2 $
:tJail .
14,056.00
unit Prioe
S 14,056.00
$
$
S
s
.'
$28,112.00
$0.00
$0.00
$0.00
$0.00
ZAiIIW
2
$
$
$
" .,,,n;.~~. II''''' l1if1
1,,,~JlJ~,.....,.l -,':
;.;
$0.00
$0.00
$0.00
$0.00
Marken
$28,112.00
Sublotul
Freight
Sa!~s Ta)(.
Total ro usal inch.des (rei ht, in8taUation and 12 month ilervice II reement.
Dftl.
8/1312004
e Two (2) for Terms .nd Conditions
ICES ARE FIRM FOR 90 DAYS
3M I.ihrary Sy!llcm'
1'0 U"" 3 3682
SI. Puul. M'N S5144.Il)4HI
I "8001J211-1){)(,7
www.JM.cumllibluy
08/13/04 FRI 11:01 [TX/RX NO 51921
.'JVn"".LLI;I 7"t17Vrr.:OOOI( UO/D 'Ui. U~:~4 NO.Uo~ OJ/Oj
3M Library SY.'stems General Contractor Proposal Form Page 2
Terms and Conditions
D'-opos.1 For:
General contractor is required to provide Sile prepal",ltion, including all cement work and electrical powe
as per the 3M Architects/Contractor Information Package prior to date ofscheduJed inslallation_
Please contact customer service at ROO/328-0067 (option 2) if you do not have an information
\
package
2. B~cause 3M is not a subcontractor, we will nol accept retainage. 3M's sales are expressly made
~onditi()nal upnn the general contractors agreement to make payment iffull within thirty (30) days
after date of shipment.
3. General contractor shall notity 3M as soon as possible and not later than 30 days before delivery of
equipment and accessories 8re needed_ Conaet is to made to 3M Customer Service Department _
1-800/328.0067 (option 2).
4. Since 3M is II supplier/manufacturer and will not have an on-site representativc until 3M equipment is
ready to be installed, the general cuntnlctor take full responsibility for the safety and security of
equipment and accessories unitil installation.
5. Ifan exteded warranty/service agreement ;s a part of this quotation, it will commence upon the date of
installation of equipment.
General contractor must supply an archilectural drawing of the proposed location ofequipment to be
mstaJled, and any changes which occur prior to and including the date of equipment instalJation.
7. If project is exempt from sales taxe, general contractor must supply 3M wjth an acceptable ex.emption
certificate with their purchase order. (Tax licenses and permits are not acceptable.)
8. No change in system or product will be allowed without an appropriate change order.
9. Pricing is developed from the 3M Library Systems General Contractors Proposal Request form.
Telephone quotes are considered price approximations only.
3M Library SYSle/lU
ro HUl ))682
Sl. Paul, MN 55144-1000
I-HIN}/328..(I{J67
www.JM.com/librsry
08/13/04 FRI 11:01 [TX/RX NO 5192]
P.O. Box. 33682
SI. Paul. MN 55 J3J-J682
Office (800)J28-0067 ex.1. 2
Fax (800)22J-556J
Libra!)' Name
Boy ton B..ach City Library - Job Sit..
Address
PI..aS<' Indud.. in PO
City, Slate, Zip
PI..as.. Indud.. in PO
CODtact Name
LCi?e Sessoms
E:M.il Add,e"
NA
P bUDe #
954-431.7900
Fa" #
954-4366789
Name
S..ssoms Construction Company
Add [e"
7485 Oavi.. Road Exl..nsion
City, Stale, Zip
Hollywood, FI. 33024
Contact Name
L.... S..ssoms
E:M.il Add,es,
NA
pbuDe #
954-431-7900
Fa" #
954-4366789
Requrstc:d Ddivt=ry aud lustall Dates
P.O. # and Sigoaturc (Signature required if cus1onie[ is usio.g tbis as aD ower)
Quantity
Drs.:rlption
Geod Thr..p: 06IfI!JItr7
I "1 ~ ~fH~)l:f~::' -::t.-r.~~ y::r4'tn,?
2 M3802 Owol Aisle O..lection Sysl..m - Buried Cable - Service Zene 2
S13,860.00
SO.OO
SO.OO
SO.OO
SO.OO
SO.OO
SO.OO
SO.OO
SO.OO
SO.OO
SO.OO
$0.00
$0.00
$0.00
SO.OO
Sub
15 month "ervice/warranty & in"tallation included
Thank you for your bu"ine""
S 15. 246.00
SO.OO
$0.00
$0.00
SO.OO
$0.00
SO.OO
SO.OO
$0.00
SO.OO
$0.00
$0.00
$0.00
$0.00
SO.OO
$30,492.00
3M is not a sub-con tractor.
Shippiol a UaodUa. F "rp- back actual
To'" S 30,492.00
lied
JM~.....,C<>",""h'lI'
JMS,,"..CD_..h~PlM>...1
JM C...nllJu.'h....;.,c ~fh"'I:I..'i"'"
Z.ch D. OLJ[1mi",
800328-0067 ..xl. 3 0 l32 Jan.. WesbRJok
FOB Pulnt of Shiurnltnt Fnilr.ht PntDaId . M.tI or F.. pu...:haw ord..r to tht! .ddu"s, .bo.lt.
Terms are NET 30 Days from Date of Invoice
Invoice is generated at the time of Shipment
Corruneo1s:
10793_896. 1231_840_100 ".1
06/09/06
FRI 09: 11
[TX/RX NO 5590J
'erms and Conditions
Proposal For:
I. General conlractor is required to provide site preparation, including all cement work and electrical
power as per the 3M Architects/Conlractors Information Package prior 10 date of scheduled
installation Please conlact customer seIVice at 800/328-0067 (2) if you do not have an information
package.
2. Because 3M is not a subcontractor, we will not aCL'ept retainage. 3M's sales are expressly made
conditional upon the general contractors agreement to make payment in full within thirty (30) days
after date of invoice. Invoice is generated al the lime of shipment.
3. General contractor shall notifY 3M as soon as possible and not later than 30 days before delivery of
equipment and accessories are needed. Contact is to be made 103M Customer Service Department _
11800-328-0067 (select oplion 2 from phone menu).
4. Since 3M is a supplier/manutacturer and will not have an on-site representative until 3M equipment
is re-ddy to be installed, the gener.u conlrdclor takes full responsibility for security of equipment and
accessories until installation.
5. If an extended warranty/service agreement is a part of this quotation, it will commence upon the date
of inst.ulation of equipment.
6. General conlractor musl supply an architectural drawing of Ihe proposed location of equipment to be
installed, and any changes which occur prior to and including the date of equipment installation.
7. Jfproject is exempt from sales tax, general conlrdctor must supply 3M with an acceptable exemption
certificate with their purchase order. (Tax licenses and permits are not acceptable.)
No change in system or product will be allowed without an appropriate change order.
9. Pricing is developed from the 3M Library Systems Gener.u Conlractors Proposal Request form.
Telephone quotes are considered price approximations only.
06/09/06 FRI 09:11
[TX/RX NO 5590]
06/13/06 TlTE 13:29 FAX 9544366789
SESSOMS CONSTRUCTION
~~~ SCHENKELSHULTZ
141006
'~ ~!~T~~m~
~~ COMPANY, INC,
iRECRTVED!
JUN I 3 2006 I
,BY: I
----
7485 Davie Road Extension · Hollywood FL 33024
Broward (9541 431~7900 · Fax (954) 436~6789
REQUEST FOR CHANGE ORDER CG CBOl134
MEMORANDUM
DATE:
June 13, 2006
TO:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04/CJD
RCO #031, Project Log #123
Description of Proposed Change:
Cost escalation price increase regarding appliances
Reason for Change:
Cost escalation for price increases due to time delay
Additional Cost:
SCCI Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
seel Bond Premium (1 %):
PROPOSED CHANGE IN CONTRACT AMOUNT:
PROPOSED CHANGE IN CONTRACT TIME: Zero CO) days
Cc: Craig Clark, Interim Library Director
Attachment: Supplier/Subcontractor Proposal
LS/mb
G;\379 - Boynton Beach Ubrary\Change Orders\31\Reo #31
$ 492
$ 25
$ 517
$ 0
$ 517
$ 5
$ 522
~~ Sessoms
~~ CONSTRUCTION
~,c=cS(),.,P~Y.~I'iC =-~.
=:.~:~-_:... ...~ - ~._~- .:.:..-:.... .- ".. - ._~
7485 Davie Road Extension to Hollywood FL 33024
Broward (954) 431-7900 to Fax (954) 436-6789
REQUEST FOR CHANGE ORDER CG CBOl134
MEMORANDUM
DATE:
June 1, 2006
TO:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
FROM:
Lee Sessoms. Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04/CJD
ReO # 019, Project Log #108
Description of Proposed Change:
Cost escalation price increase regarding window treatment: Original price - $2,915.00,
Revised price - $3,494.00 == difference $579.00
Reason for Change:
Cost escalation for price increases due to time delay
Additional Cost:
SCCI Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
SCCI Bond Premium (1%):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 579
$ 29
$ 608
$ 0
$ 608
$ 6
$ 614
PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days
Cc: Craig Clark, Interim Library Director
Attachment: Supplier/Subcontractor Proposal
lCN/mb
0:\379 - Boynton Beach Ubrary\Change Orders\19\19
05/16/2805 1~:4G 9544287237
NATIONAL STAGE
r1
~~~\ t~6\.~
4- 1Jp. t.J
National stage
and WindOW
Attention: Estlmartng Dep.rtment -1r
Project: 00 y NT/) ~ ~ ~ c tTY
'" I ~ ((Aj{ '1 -Ih (( l".]..) ,.)f" I:J l, <61-1 ~J S
.
Tr3~k: ~A Lt 1
~STD1't <<-SFfl.. I
II
2-
s;:
('
;..1
'J-
~
PAGE 1311 Bl
Date: ..( -{l"-" (..
~
P9f:el of ~
,.-
STAGE CURTAINS
PRomCTION SCREENS
CUBICLE CURTAINS
TV MOUNTS
PIPE GRID SYSTEMS
QTY. WIDTH LENGTH
Price h.ld for 90 day. INSTAllED PRICE $ ~?- gO. Q9
Price may ~aty according to fiBld mcasuremelllo . T AX b~ i" $ ';-1 3 · J.,O
Onetlm.inst"ustian TOTAL INSTALum PlUCK $ ::.49:3 ,)..0
-
DELIVElUID PRICE $
----
TAX
s --
~
TOTALDELIVEREDPRlCE $
C. 236 South Military Trail. D~rfield Beach, Florida 33442. Tel.: 954/428-7171 · Fax: 954/428-7237 ;
~ I...J&
05/17/06 WED 12:51 [TX/RX NO 5351]
UV/A-~/VV
.&.Il-'.LJ ....".".a, .&...~~ OU"t:"'S-.JVV,VO
.:>r.':>>:>UJl1>:> vUN;:'lKlI\;TIUl'I
.~~ Sessoms
~. CONSTRUCTION
COMPANY, INC.
....".... "-:.:..=.-- -- ._.
rf~ECEIVED
I
i JUN 1 3 2006
IBY: _. ~ ._-::h
-
~~~ ~CHEl'IKELSHl1LTZ
l4J015
7485 Davie Road Extension · Hollywood FL 33024
Broward (954) 431 J7900 · Fax (954) 436-6789
CC CBOl134
REQUEST FOR CHANGE ORDER
MEMORANDUM
DATE:
June 13, 2006
TO:
FROM:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04/CJD
RCO #038, Project Log #130
Description of Proposed Change:
Cost escalation price increase regarding sitework
Reason for Change:
Cost escalation for price increases due to time delay
Additional Cost:
SCCI Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
SCCI Bond Premium (1%):
PROPOSED CHANGE IN CONTRACT AMOUNT:
PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days
Cc: Craig Clark, Interim Library Director
Attachment: Supplier/Subcontractor Proposal
LSlmb
G;\379 ~ Boynton Beach Ubrary\Change Orders\38\Rco #38
$ 19,787
$ 989
$ 20,776
$ 0
$ 20,776
$ 208
$ 20,984
UU/..lJ/UV .l.l.-'LJ
Ij~
Minority Busineu Enterprise, - MBE I WBIL
Pavlog - Grading - Drainage
Site Preperatlon " Underground
E&N
Construction, Inc
September 29. ~005
Sessoms Construction Company l Inc.
7485 Davie Road Extension
HollyWood Fl 33024
R'ECEIVED
OCT - 5 2005
Sessoms Constr. Co.
Re:'Boynton Beach City Library
Project No. 017-261 0-04/CID
. Attn: Lindsey C. Nelson - Project Manager
Below are our scope of work that we request additional money due to the material
increase on asphalt, roadrock and tmcking costs.
- Stabilized subgrade I 8" limerock base
- Scarify and add rock
- 1 W' Type S-3 asphalt
- Concrete cwbs with rebar
- Final dress
- Striping, signage & car stops
Total:
$' 2,593;00
6,850.00
5,252.50
2,800.00
1,206.00
1.085.00
$19,786.50
We look forward for your kind consideration to alleviate or miiigate the extra costs in the
above mentioned project.
Sincerely,
cc: Fred Jones
CORPO~TEADDRESS
U068 SUNSET BLVD. ROYAL PALM BEACH. FL 33411 '
om!!!!: 561"'95-4007 FAX: 561-"5..4499
~rn 13:31 FAX 9544366789
66/13/06 H
SESSOMS CONSTRUCTION
~~~ SCHENKELSHULTZ
~017
JUl.14~2004 11:34AM
~
.
FROI.I-RAltGER CONSTRUCTION SOUTH
9644Z99637
T~a2'f PoDOl/DOl F-878
-
Ranger
Construction - South
2501 N. W. 48th straet
Pompano eelCh, Florida 330'73
Ph: (9S4)4~8-8712
f=x: (954)429-Q637
To: Eo · -t- " ~DUlo.Y'\~ h~ ..... Fax: S' !. I C. ~ t!
Co"'~ny: ~_ l;.' ~ I::n~ d.. 1:":.. l).~~. "1 j..; L...,
From. f'Q ~ " ~ ~ tt h: 'i J.. Pages. I
~B:. _ _ .
Urgent 0 For RevIew ~ Please Comment 0
O~h~
=
=
NoteS/Comments:
\ h__ .1' ~'.<-.. .r.. s- \ o.,? l..'~ I-\- +. o. b. ~t c,~v
1:)....." ~..,\.1 1=>\-_1 :, \l..<;;O/T"", ;. -\-,,-~
\ \U\ol ~1fti\{1u U{dAf ~~( wlo~
Please Reply 0
RECEIVED
OCT - 5 2005
Sessoms Constr. Co.
~ \~~j . 7;q,n,/~I'V
If there arQ any problenis With till' transmission, pleas~ c:arr Immediately.
06/13/06 TUE 13:31 FAX 9544366789
SESSOMS CONSTRUCTION
+-H SCHENRELSHULTZ
[f1J 0 I ,S
SEP-2T-2005 If:38AM 1ROU.
Ranger
Construction - South
T~643 P-002/002 F-651
REVISED FROM LETTER DATED J UL Y 28. 2005
August 4, 2005
To All Customers:
Over 'he pa.t year, Rang.,. ConStructiOn-SOUth ha. absorbed ongoing caS! increases and
de'erred rai.ing prices. Bceau.e of continued steady increases in the price 0' aggrega,e..
fuel/power and environmental costs, and the volatility oI cwd. oil prices, we find il
necessary IO increase our mix prices at this time.
Etrective MOnday, August 8, 2005, the price fur asphalt at our two Jocalions Ior both S
mixes will be as fonows~
Deerfield Plant
Miami Planr
$42_00 per ton, plus sales lax
$41.75 per ton. plus sales tax
If you should neod a special mhc design, plea.e feel free to COnlact us fat infomation and
prices.
Please be advi'ed thaI the afurementioned price. are still subject to change without nOlice
as diclatod by lite malerials iodusoy, and we suggest thaI you comact us for conJimation
of these prices for any long-term jobs.
We value your business and llppreciale your suppon. As an asphall Producer and
COnlractor, we recognize the irnponance our CUstomers place on quality. It is our firm's
intent to provide YOll with a higb standanl of service as We continuo 10 serve your future
asphall needs.
tl~')- ~
Hazen P. Hinds
ExecUtive Vice President
2501 NW 48th Slr_, Pompano Baach, Aorlda 33079. Phone: 854-428-8712. Fax; 954-429-9637
~6/13/06 TUB 13:31 FAX 9544366789
SESSOMS CONSTRUCTION
~~~ SCHENKELSHlTLTZ
141019
954 -583-0844
DBte: 21212005 1111\8: 4:16:20 PM
Page 2 of 2
- ' I ,.
1J~~VO(ff) V(fj)Q)(b(f,~ 71~(fJ(c!NO(ff)(!) ObYIrtQ
nJO ~ (!)Q rlU&& re@!9[f)~
es70 S.W. 471n COllAr
DAVIE. fLOf\IDA :J:J314
PHONE (ll54) 583-OeOt
FAX l!l54) 5Il:Hl&U
CUSTOMER: E & N CONSTRUCTION QUOTED TO: ESTRELLA
PROJEcr NAME: BOYNTON BEACH LIBRARY
PROJECT ADDRESS: SEACREST BLVD. 1 BLOCK SIO BOYNTON BEACH BLVD, BOYNTON
BEACH
DATE OF QUOTE; 9-18-2005
DELIYERED PRICES OF TRUCKING AND MAIERIALs
These estimates are based on payment being made on a monthly basis with no retainage. These estimates are
subject to change if FAX is not signed and returned within five (5) working days of the date listed above. Taxes are
included in these prices. Prices are good until the end of DECEMBER 2005 only unless otherwise specified.
These prices do not include supplying a performance or payment bond
LOADING SITE
TYPE OF MATERIAL
RATE PER (roN/eYD)
CR ROCK
$ 16.91 PER TON
NOTE: A 6.50 % TAX IS INCLUDED IN TIlE ABOVE PRICES. ANY DIFFERENCE ON THE TAXES
WILL HAVE TO BE PAID BY THE CUSTOMER. THERE WILL BE A DIESEL SURCHARGE OF 2% FOR
EVERY $ 0.10 THAT DIESEL PRICES GO UP IDGHER THAN S 3.08 PER GALLON.
BY SIGNING DELIVERY TICKETS, CUSTOMER IS J'ULLY LIABLE FOR ALL TRUCKING AND MATERIAI.S AND NO CREDITS
OR DISCOUNTS WILL BE GIVEN AFTER TICKETS ARE lIGNIn. DAMAGE CLAIMS MUST BE BROUGIII TO OUR AUENTJON
WITmN TWENTY.POW (24) HOURS BY FAX ( J8~SlJ..t8....) OF OCCURRENCE WITH PROOr OF ALL ULAnD CAUSE OF
CLAIM. PRICES AND DELIVI:RIES CANNOT BE GUARANTEED IN THE EVENT or WORK STOPPACES CAUSED BY ANY
UNIONS OR LABOR ORGANIZATIONS.
ACCEPTEOBY:
Company Name
Name
Title
Ut)I 1...) I U U .L LiD .J. V . oJ. .l d........ ~ ~ - - "
954-583-0844
Oat,,: 811312004 TIme: 9:0&:30 AM
P~ge 2 of 2
'" .
r!J(!J}$VO$J V(fJif)(b(g~ 1l~(IjJ~~OOYJ(l) O@~~
m" ~ (l)~ rF()(b~ ~@)~if)"
lI570 S.W. 4711I COURT
DAVIE, FlORIOA 33314
PI101iE ~) 583-alO1
FAX (Si54) !l83.oe44
CUSTOMER: E & N CONSTRUCTION QUOTED TO: ESTRELLA
PROJECT NAME: BOYNTON BEACH LmRARY
PROJEer ADDRESS; SEACREST BLVD. t BLOCK SlO BOYNTON BEACH BLVDt BOYNTON
BEACH
DATE OF QUOTE: 8-13-2004
DELIVERED PRICl:$. OF TRUCKING AND MATERIALS
These estimates are based on payment being made on a monlhly basis with no retainage. These estimates are
subject to change if FAX is not signed and returned within five (5) working,days of the date listed above. Taxes are
included in these prices. Prices are good until the end of DECEMBER 2004 only unless otherwise specified.
These prices do not include supplying a performance or payment bond
WADING SITE
TYPE OF MATERIAL
RATE PER (TON/CYD)
CRROCK
$ 13.70 PER TON
NOTE: A 6.50 % TAX 1$ INCLUDi:D IN THE ABOVE rRlCES. ANY DIFFERENCE ON 1HE TAXES WILL HAVE TO BE PAID BY
THE CUSTOMER. THERE WILL BE A DIESEL SURCHAKGE OF 1% FOR EVERY S 0.10 THAT DIESEL PRICES GO UP HICHER
THAN S US PER GALLON.
BY SIGNING DELIVERY TIcXETS. CUSTOMER IS FULLY LIABLE FOR ALL TRUCKING AND MATERIALS AND NO CREDIlS
OR DISCOUNTS WILL BE GIVEN AFTER TICKETS ARE SIGNED. DAMAGE CLAIMS MUST BE 8ROUGHT TO OUR ATTENTION
Wl11IIN 1WENTY~FOUR (2.) HOURS BY FAX ( 305-583-UU) OF OCCURRENCE WITH PlWOf or ALL RELATED CAUSE OF
CLAIM. PRICEs AND DELIVERIES CANNOT BE GUARANTEED IN 1111!: EVENT OF WORK STOPPAGES CAUSED BY ANY
UNIONS OK LABOR ORGANIZATIONS.
ACCEPTED BY:
Company Name
Name
Title
, . Sessoms
.. CONSTRUCTION
~,,: COMPANY, INC.
RE(~)~J'7itDl
.lEY J~~ _I :006, .J:~,
~: =:~. :.~-
7485 Davie Road Extension · Hollywood FL 33024
Broward (954) 43J~7900 · Fax (954) 436~6789
REQUEST FOR CHANGE ORDER CG CBOl134
MEMORANDUM
DATE:
June 13, 2006
TO:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04/CJD
ReO #033, Project Log #125
Description of Proposed Change:
Cost escalation price increase regarding irrigation
Reason for Change:
Cost escalation for price increases due to time delay
Additional Cost:
SCCI Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
SCCt Bond Premium (1%):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 5,845
$ 292
$ 6.137
$ 0
$ 6,137
$ 61
$ 6.199
PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days
Cc: Craig Clark, Interim Library Director
Attachment: Supplier/Subcontractor Proposal
LS/mb
G:\379 - Boynton Beach L.ibrary\Change Order&\33\Rco #33
'._ ~!~T~~m~
~ COMPANY, INC.
~ :....--::-: _-_.~'.- nn~-~:_
~ ~,..:.~_. - ..::::--:=:'::':::::
7485 Davie Road Extension. Hollywood FL 33024
Broward (954) 431-7900 · Fax (954) 436.6789
REQUEST FOR CHANGE ORDER CG CBOl134
MEMORANDUM
/ t~E~(~'RT\}'F:tj.1
I .JUN 1 3 ?006 !
.JB~. ;:: I
DATE:
June 13, 2006
TO:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #017-261 O-Q4ICJD
ReO #032, Project Log #124
Description of Proposed Change:
Cost escalation price increase regarding landscaping
Reason for Change:
Cost escalation for price increases due to time delay
Additional Cost:
SCCI Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
SCCI Bond Premium (1%):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 4,667
$ 233
$ 4,900
$ 0
$ 4,900
$ 49
$ 4,949
PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days
Cc: Craig Clark, Interim Library Director
Attachment: Supplier/Subcontractor Proposal
LS/mb
G:\379 - Boynton Beach Ubtary\Change Orders\32\Rco #32
Sessoms
CONSTRUCTION
COMPANY, INC.
/F<P--
!-...C~J.V
! ~,.~~ vE;Dl
;' JUN 1 3 2006~ !
..9Y:
7485 Davie Roa xtension · Hollywood FL 33024
Broward (954) 431 ~7900 · Fax (954) 436~6789
REQUEST FOR CHANGE ORDER CG CBOl134
MEMORANDUM
DATE:
June 13,2006
TO:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
FROM:
RE:
Lee Sessoms, Vice President
#379 - BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04/CJD
RCO #034, Project Log #126
Description of Proposed Change:
Cost escalation price increase regarding chalk and tackboards
Reason for Change:
Cost escalation for price increases due to time delay
Additional Cost:
SCCI Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
SCCI Bond Premium (1%):
PROPOSED CHANGE IN CONTRACT AMOUNT:
PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days
Cc: Craig Clark, Interim Library Director
Attachment: Supplier/Subcontractor Proposal
LSlmb
G:\379 - Boynton Beach Ubrary\Cllange Orders\34\Rco #34
$ 225
$ 11
$ 236
$ 0
$ 236
$ 2
$ 239
'. Sessoms
. CONSTRUCTION
COMPANY, INC.
.. ..-Moo..,.:.. ,: "-: -:-
.::.::::..: ~ ~ -_. -.;
7485 Davie Road Extension · Hollywood FL 33024
Broward (954) 431-7900 · Fax (954) 436.6789
REQUEST FOR CHANGE ORDER CG CBOl 134
MEMORANDUM
p:~::B:(~FT'l F: r) i
i
I JUN 1 :{ 7005
::-:.J:y: :
DATE:
June 13, 2006
John Carr, SCHENKELSHUL TZ ARCHITECTURE
TO:
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04/CJD
ReO #035, Project Log #127
Description of Proposed Change:
Cost escalation price increase regarding flagpole
Reason for Change:
Cost escalation for price increases due to time delay
Additional Cost:
SCCI Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
secl Bond Premium (1%):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 90
$ 5
$ 95
$ 0
$ 95
$ 1
$ 96
PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days
Cc: Craig Clark, Interim Library Director
Attachment: Supplier/Subcontractor Proposal
LSlmb
G:\319 - Boynton BeaCh Library\Change Orders\35\Rco #35
~
Sessoms
CONSTRUCTION
COMPANY, INC.
-'- -.-.
-"~
7485 Davie Road Extension · Hollywood FL 33024
Broward (954) 431 ~7900 · Fax (954) 436-6789
REQUEST FOR CHANGE ORDER CG CBOl134
MEMORANDUM
DATE:
June 5, 2006
TO:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04/CJD
RCO # 022, Project Log #111
Description of Proposed Change:
Cost escalation price increase regarding labor rates for the elevator subcontractor:
Original price - $110.00 per hour, Revised price - $125.00 per hour. Charging only
$13.00 per hour increase totaling $1,248.96.
Reason for Change:
Cost escalation for price increases due to time delay
Additional Cost:
SCCI Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
SCCI Bond Premium (1%):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 1,249
$ 62
$ 1,311
$ 0
$ 1,311
$ 13
$ 1,325
PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days
Cc: Craig Clark, Interim Library Director
Attachment: Supplier/Subcontractor Proposal
lS/mb
G:\379 - Boynton Beach library\Change Orders\22\22
ThyssenKrupp Elevator
Repair Order.
.....
. .
Date:
Attention:
Address:
City:
1/25/06
LEE: SESSOMS CONSTRUCTION
7485 DAVIE ROAD EXTENSION
BOYNTON Beach, Fl. 33024
Building:
Address:
City:
Service contract #:
BOVNTONBEACH LIBRARY
2085 SEACREST BLVD.
BOYNTON BEACH, Fl33425
90360-0003
Telephone:
954-431-7900; Fax: 954-436-6789
Purchaser authorizes ThyssenKrupp Elevator to perform the following described repair work on the subject elevator(s) in the
above building:
DUE TO EXCESSIVE PROJECT DURATION ( 1 YEAR) WE HAVE INCURRED SEVERAL LABOR INCREASES WE FEEL NECESSARY TO BRING
TO YOUR ATTENTION.
labor rates were bid at $110.00 an hour. Our current rate are at $125.00 an hour. .
Total cost $ 1,248,96 hours at $13.00 an hour.
Note: A formal change order must be issued before any adjusting work is performed.
It is agreed that this repair shall be authorized by a change order to the existing contract between Thyssenkrupp Elevator and SESSOMS
CONSTRUCTION, in the event a mutually acceptable change order is not received within two weeks, then Commercial SESSOMS
CONSTRUCTION, agrees to pay the above lotal price within (30) days from receipt of the invoice and all terms and conditions
referenced on this repair order will be applicable. An work to be done during the regular working hours of the elevator industry and by
ThyssenKrupp Elevator employees.
Unless otherwise stated, you agree to pay as follows: 50% upon signed acceptance and 50% upon completion.
This Repair Order is submitted for acceptance within 30 days from the date executed by ThyssenKrupp Elevator.
Purchaser's acceptance of this Repair Order together with the terms and conditions printed on subsequent pages hereof
and which are expressly made a part of this proposal and agreed to, and its approval by an executive officer of
ThyssenKrupp Elevator will constitute exclusively and entirely the agreement for the work herein described. All prior
representations or agreements regarding this work, whether written or verbal, will be deemed to be merged herein, and no
other changes in or additions to this agreement will be recognized unless made in writing and properly executed by both
parties. This Repair Order specifically contemplates work outside the scope of any maintenance contract currently in effect
between the parties; any such contract shall be unaffected by this Repair Order.
No agent or employee shall have the authority to waive or modifY any of the terms of this agreement without the written
approval of an authorized ThyssenKrupp Elevator manager.
Accepted:
Title: Date:
THYSSENKRUPP ELEVATOR CORPORATION
7567 Central Industrial Drive .
Riviera Beach, Aorida 3..340~:/
~,,--/
.-'/.
By: /- .--, 4 .~~
(Signa~ofThy~Krupp EI~Tfep~lVe) ----
TriWfs Losey ~~:-/
561-B42-~7'1 ~
Date: Ip >jJ6
SESSOMS CONSTRUCTION
By:
(Signature of Authorized Individual)
(Prioted Of Typed Name)
Approved by:
Title: New Installations Manager Date:
ROO3JOl
01/25/06 WED 13:46 [TX/RX NO 8938]
~epair Order.
Terms and conditions.
ThyssenKrupp Elevalor assumes no
responsibility for any part of the, elevator
P - 'Tlent except thaI upon which work has
, Jone under this agreement. No work,
Sl:, ...:e, examination or liability on the part of
us other than that specifically mentioned
herein is included or inlended. It is agreed
that we do not assume possession or control
of any part of the equipment and that such
remains Purchaser's exclusively as the
owner, lessor, lessee. possessor. or
manager thereof.
Our performance of this contract is
contingent upon your fumishing us with any
necessary permission or priority required
under the terms and conditions of
government regulations affecting the
acceptance of this order or the manufacture,
delivery or installation of the equipment
We have made no examination of. and
assume no responsibility for, any part of the
elevator equipment except that necessary to
do the work described in this proposal.
It is agreed that ThyssenKrupp Elevator's
personnel shall be given a safe place in
which to work and we reserve the right to
discontinue our work in the building
whenever, in our sole opinion, this provision
is being violated.
You agree that in the event asbestos
rr -ial is knowingly or unknowingly
I ed or disturbed in any manner at the
j().. ~,(e by parties other than employees of
ThyssenKrupp Elevator or those of our
subcontractors, the work place will be
monitored, and prior to and during our
presence on the job, Purchaser will certify
that asbestos in the environment does not
exceed .01 fibers per cc as tested by NIOSH
7400. In the event our employees. or those
of our subcontractors, are exposed to an
asbestos hazard, PCB's or other hazardous
substances resulting from work of individuals
other than our employees, or those of its
subcontractors, you agree to indemnify,
defend, and hold ThyssenKrupp Elevator
harmless from any and all claims. demands,
lawsuits, and proceedings brought against
us, or our employees resulting from such
exposure. You recognize that your obligation
to ThyssenKrupp Elevator under this clause
includes payment of all attorneys' fees, court
costs, judgments, settlements, interest and
any other expenses of litigation arising out of
such claims or lawsuits. Removal and
disposal of asbestos containing material is
your responsibility.
Unless otherwise agreed, it is understood
that the work will be performed during
regular working hours of the trades involved.
If overtime is mutually agreed upon, an
ari..l;'ional charge at our usual rates for such
\ hall be added to the contract price.
In consideration of ThyssenKrupp Elevator
performing the services herein specified, you
expressly agree to indemnify, defend, save
hannless, discharge, release and forever
acquit ThyssenKrupp Elevator, our officers,
agents and employees from and against any
and all claims, demands, suits, and
proceedings brought against us or our
employees of any nature whatsoever,
including but not limited to loss, damage,
injury or death that are alleged to have
arisen from or alleged to be in connection
with the presence, use, misuse,
maintenance, installation, removal,
manufacture, design, operation or condition
of the equipment covered by this agreement,
or the associated areas surrounding such
equipment, specifically including claims or
losses alleged or proved to have arisen from
the joint or sole negligence of ThyssenKrupp
Elevator or our employees.
You expressly agree to name ThyssenKrupp
Elevator as an additional insured in your
liability and any excess (umbrella) liability
insurance policy(ies). Such insurance must
insure us for those claims or losses
referenced in the above paragraph. You
hereby waive the right of subrogation.
We shall not be liable for any loss, damages
or delay caused by acts of government,
strikes. lockouts, fire, explosions, theft,
floods. riot, civil commotion, war, malicious
mischief, acts of God, or any other cause
beyond our control, and in no event shall we
be liable for consequential damages.
Should loss of or damage to our material,
tools or work occur at the erection site, you
shall compensate us therefore, unless such
loss or damage results from our own acts or
omissions.
You agree that all existing equipment
removed by ThyssenKrupp Elevator shall
become the exclusive property of
ThyssenKrupp Elevator.
We retain title to all equipment supplied by
us under this contract, and a security
interest therein, (which. it is agreed, can be
removed without material injury to the real
property) until all payments under the tenns
of this contract, including deferred payments
and any extension is thereof, shall have
been made. In the event of any default by
you in the payment, under any other
provision of this contract, we may take
immediate possession of the manner of its
attachment to the real estate or the sale,
mortgage, or lease of the real estate.
Pursuant to the Uniform Commercial Code,
at our request, you agree to join with us in
executing any financing or continuation
statements, which may be appropriate for us
to file in public offices in order to perfect our
security interest n such equipment.
Certificates of Workmen's Compensation,
Bodily Injury and Property Damage Liability
Insurance coverage will be furnished you
Page 2 of2
upon request. The premium for any bonds
or insurance beyond our standard coverage
and limits will be an addition to the contract
price.
If any drawings, illustrations or descriptive
matter are fumished with this proposal, they
are approximate and are submitted only to
show the general style and arrangement of
equipment being offered.
You shall bear all cost(s) for any reinspection
of our work due to items outside the scope of
this agreement or for any inspection arising
from the work of other trades requiring the
assistance of ThyssenKrupp Elevator.
All applicable sales and use taxes, permit
fees and licenses imposed upon us as of the
date of this proposal, are included in the
contract price. You agree to pay, as an
addition to the contract price, the amount of
any additional taxes, fees or other charges
exacted from you or ThyssenKrupp Elevator
on account thereof, by any law enacted after
the date of this proposal.
A service charge of I1h% per month. or the
highest legal rale. whichever is less. shall
apply to delinquent accounts. In the event of
any default of the payment provisions
herein, you agree to pay, in addition to any
defaulted amount, an attorney fees,
collection costs or court costs in connection
therewith.
In the event a third party is retained 10
enforce, construe or defend any of the terms
and conditions of this agreement or to collect
any monies due hereunder, either with or
without litigation, the prevailing party shall
be entitled to recover all costs and
reasonable attorney's fees.
You hereby waive trial by jury and do further
hereby consent that venue of any
proceeding or lawsuit under this agreement
shall be in Miami-Dade County, Florida.
The rights of ThyssenKrupp Elevator under
this agreement shall be cumulative and the
failure on the part of the ThyssenKrupp
Elevator to exercise any rights given
hereunder shall not operate to forfeit or
waive any of said rights and any extension,
indulgence or change by ThyssenKrupp
Elevator in the method, mode or manner of
payment or any of its other rights shall not
be construed as a waiver of any of its rights
under this agreement.
In the event any portion of this agreement is
deemed invalid or unenforceable by a court
of law, such finding shall not affect the
validity or enforceability of any other portion
of this agreement.
In the event your acceptance is in the form of
a purchase order or other kind of document,
the provisions, terms and conditions of this
proposal shall govern in the event of conflict.
TOTAL P.02
01/25/06 WED 13:46 [TX/RX NO 8938]
'. Sessoms
~~ CONSTRUCTION
COMPANY, INC.
t..""~ - '
~: ::-:. ...:..
7485 Davie Road Extension. Hollywood FL 33024
Broward (954) 43 f ~7900 · Fax (954) 436~6789
REQUEST FOR CHANGE ORDER CG CBOl134
MEMORANDUM
rJ~ECET'lEI)
-'By:~N I 3 2006
DATE:
June 13, 2006
TO:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04/CJD
RCO #036. Project Log #128
Description of Proposed Change:
Cost escalation price increase regarding operable partition
Reason for Change:
Cost escalation for price increases due to time delay
Additional Cost:
SCCI Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
secl Bond Premium (1 %):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 750
$ 38
$ 788
$ 0
$ 788
$ 8
$ 795
PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days
Cc: Craig Clark, Interim Library Director
Attachment: Supplier/Subcontractor Proposal
LS/mb
G:\379 - Boynton Beach Ubrary\Change Orders\36\Rco #36
Se~ssoms
CONSTRUCTION
COMPANY, INC.
-
-II'>
7485 Davie Road Extension · Hollywood FL 33024
Broward (954) 431-7900. Fax (954) 436-6789
REQUEST FOR CHANGE ORDER CG CBOl134
MEMORANDUM
DATE:
June?, 2006
TO:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
FROM:
Lee Sessoms, Vice President
[R1 [E CC [E ~W[E[D)
JUN 0 9 2006
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04/CJD
RCO #024, Project Log #115
SOiENKEl & SHULTZ, INC.
WEST PAlM BEAOi, Fl
Description of Proposed Change:
Cost escalation price increase regarding floor mats: Original price - $5,844.00, Revised
price - $6,564.00 = difference $720.00
Reason for Change:
Cost escalation for price increases due to time delay
Additional Cost:
SCCI Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
SCCI Bond Premium (1 %):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 720
$ 36
$ 756
$ 0
$ 756
$ 8
$ 764
PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days
Cc: Craig Clark, Interim Library Director
Attachment: Supplier/Subcontractor Proposal
LS/mb
G:\379 - Boynton Beach Library\Change Orders\24\Rco 24
,-~
From~
Jim Moore (x31 )
I<ADEE
INDUSTRIES, INC
160 NORTHFrELD ROAD. CLEVELAND. OH 41146
(BOO) 321-3827 . TEL (4'10) 439-8650 . FAX (440) 4396889
Date;
06/01/2006
To;
(Buysr) lee Sessoms
Sessoms Construction Co. Inc.
7485 Davie Road Ext.
Hollywood, FL 33024-2304
Phone: (954) 431-7900
Fax: (954) 436-6789
STAINLESS STEEL GRATING . BRONZE GRATING
ALUMINUM ENTRANCE MAT. ALUMINUM GRATING
Project-Boynton Beach City library
Project #: 31647 -2nd REVISED QUOTE
Specification Section: 12690
Thank you for your lnlerest in Kadge Industries, lnc. (SeRer). This quo/ation de5ailes specific::ally Ihe units below. Changes may result In pricing aJlTedloos.
Drawings wi. be submitlecl fer wstom units only under !he auspkzs at a bona fide purchase cn:fer. "Fabrication wiN begin afler mmlpl of approved shop
drawings (veri(ying dimensions, CDnStructlon maleriaJs, and fabrlc:ation ~, if applicable). fully Bll8CJ1Sd purchase Ol'der, and mmp!eled aedi!
application. Release for fabricallon Is e.pected within 90 days at OUI' 8UbmIbaIs. Caf;lCEBaIlon of purchase Older is subject ro a cha/ye for aU c:ompleled work_
ESTIMATED LEAD TIME:
,<6
weeks after fablicatiDll reJsar;e . I;OB J:aclory, Frelghl Prepaid & Add
Via: Common Climer
PESCRIPnoN:
1 unit
Hidden Lockdowns
Standard Mill
-~--~_..__._-_._--_."._.~ 1 -
--KDAL Aluminum Grating umt
Night lobby 102 @ Door 102A Hidden Lockdowns
(A311) Standard Mill
ALTERNATES (Not included in Total):
Add for I<DAL pIt application: $351.00
Width (X)
10'3"
Aluminum Frame
Level Bed
11'4" -------4'1-1" ---~~----$2. 509.00
Aluminum Frame
level Bed. Notch-outs
Walking Dir.
7'8"
Unit Price
$3,130,00
Extension
$3,130.00
KDAL Aluminum Grating
Entry 116 (A311)
52,509.00
NOTES:
1) Kadee Is specified
2) No tax InclUded
Subtoti'll~
Freight & Handling:
TOTAL ESTIMATE:
$5,639.00
$525.00
$6,164.00
~
G I 56q
All of rho lenM and QOfIdilions prlnlcd on Ute revur.so side henlaf consdwte El part at this quotaliDn. Unlit signed and returned by !h8 Buyer and received by
Ihe Sellef at its offices. thi& document i:s Rlemly e quota1lon 0' seleB prices and a tender of S8fV1cg. me quotarlon Is ~ linn OIJer fOf a D8riod Dr sikJy (110)
days. Unless aCCepted in the sam" form 85 Iendenla, it shaH be at no rorce Dr effBCt. If any af the tErms herein c:cntained 8", changed or modified in any
Il13M8r. however slight. such changes or modificallons shaD be deemed a rejection hereof and shaH consllDJ18 a eoonleroffBr.
ACCEPTeD; APPROVED:
BU'fER
DATE
SELLER
DATE
06/01/06 THU 10:23 [TX/RX NO 5514]
;;:~",g~~"l.l.."'''~..sZ''''''{''''-?''~''''''"''&''"~fC-''''''''i~'''''''',,,,,x.,,,,"""'ib&.~,&_"";",,,,*/'._"'C' ''''"
,... : .,- ',t_.,", _ ;:- 0;;;..:; ;'-. -, "T._ ," ,,'~"''''_:_'.C~ ~._-. '_'c.:_~,~ _" ',x__~
'-. ---~ -
Jete:
08/23/2004
I<ADEE
INDUSTRIES,INC.
I 60 NORTHRELD ROAD. CLEVELAND. OH 44146
(BOO) 321.3827 -TEL ("I'10) 439.8650 _ FAX ("i'l0) '139.6869
&1
Jim Moore (x3 )
;rom:
Estimating
STAINLESS STEEL GRATING . BRONZE GRATING
ALUMINUM ENTRANCE MAT. ALUMINUM GRATING
Phone:
Fax:
Project: Boynton Bea~h City Library
Project #: 31647
Specification Section: 12690
rhank you for your interest in Kadee nduslJie5, lne. (Seller). This quolBlion desabes spedlic:aJly the units below. Changes may result in pricing axredioos.
)rawings will be submlaed for CllS\( om units only under the ausplCtlS of a bona fide purchase order. *Fabric3lion wiD begin after realipl of apP"'Ved shop
lrawings (verifying dimensions, a: stnJdion malerials, and fabrication lechniqU8S, If applicable), fully 8X8CUrad purt:hase order, and lDffiplered aeclil
lppllcatlon. Release for fabr1caUon I expeaed wilhln 90 days of our submluals. cancellation of pUrchase ortler is slJbjed 10 a d1B~e fer all cxmpleted work.
EsnMATED LEAD TIME: ;; -1 weeks after fabrication release. I FOB Factory. Freight Prepaid & Add via: Common Carrior I
)ESCRIPTION:
KDAL Aluminum Grating 1 unit
Entry 11 B (A311) Hidden Lct;kdowns
_~~________ ____.__..~~tan9ard Mill
KDAL Aluminum Grating 1 unIt
Night lobby 102 @ Door 10 I!A Hidden Lockdowns
._~311) .___~. _~_ Standard Mill _
Width ex)
10'3"
Aluminum Frame
..h~'yel Bed
11'4"
Aluminum Frame
LeveL!!.e:..<!.-~~tch-outs
Walkina Dir.
7'8"
Unit Price
$2,759.00
Extension
$2,759.00
4'11"
$2,204.00
$2.204.00
tNATES (Not included ir Total):
If KDAL pit application: . 337.00
~OT~S:
1) Kadee is specified
2) No laX included
Subtotal:
Freight &; Handling:
TOTAL ESTIMATE:
$4J963.00
$525.00
$5,488.00
vt^
r5f;YL(
\JI of the lerms and ~nditions prinl d on lhlt reverse side hereof consllllJUl a pan of lhis quoTation. Until signed and returned by the Buyer and F8C8ll1elS b)'
1'18 Sillier al lis Dffices. ,his docum nt is merely a quotation of sales prices and a tender of 6el\liCB. This quotation is a firm offer for a period of sblly (60)
Unless acmplBl1ln the !::lml form as 19(J(!emd. il shall be Dr no fOll:8 or 8"1lCt. If :my Dr 'tie terms nataln conblnllll are chan08l1 or modll18a In any
" h(lwever slignl. suet! chang ~ or modificatlons shall be deemed a ....jfi'Ctiorl hemof and shall eonslllule 8 counlerorter.
TeD: APPROVEP;
3UYER
DAlE
SELLER
DATE
08/23/04 MON 16:23 [TX/RX NO 5479]
.
~
:ftr'7ED
I 3 2006
Sessoms
CONSTRUCTION
COMPANY, INC.
- ~ - =
)avie Road Extension · Hollywood FL 33024
3roward (954) 43J~7900 . Fax (954) 436-6789
;E ORDER CG CBOI 134
UM
R
DATE:
June 13, ::
TO:
John Carr,
TECTURE
FROM:
Lee Sesse
RE:
#379 - BO'
Bid,
RCO #037,
~y
Description of Propose
Cost escalation price inc
Revised price - $117,825,
mas: Original price - $110,000.00,
Reason for Change:
Cost escalation for price l:
Additional Cost:
sec. Overhead and Profit
Subtota':
City Permit Fee (2%):
Subtotal:
SCCI Bond Premium (1 %)
PROPOSED CHANGE IN
PROPOSED CHANGE IN
$ 7,825
$ 391
$ 8,216
$ 0
$ 8,216
$ 82
$ 8,298
days
Cc: Craig Clark, Interim
Attachment: Supplier/Sub:
LS/mb
G:\319 - Boynton Beach lJbrary'Cr.~
.~
//
.,../..
IILOf
-..
LOTSPEICH
co or- FL, [J'!'C.
~.
~~9.-- 08"~
or~r/J/J itJ ~
Lvtlp$tl Co. ofllprl4..ltu.
Doot ludUardWlre DlvtsloD
. &mlDl anIJ In.~'ISon ·
7435 Cmll'allhdultriDl DriV., · S'llite A
,R.ivtllf1l~.PL3~
(56}) &41-3040 fp3l: (561) 8.18-9020
(;en.,..t ll1t~r".r COlltBCtUlJ
Acollflloal CciUne- . P':uUtiDTl. . ~llc4 AI:~" F1al1J'il
Dry1A1I CQI1,trt>&:tlun . C~I..1 FIOlJCin&.
D~n::
D~emb.r 7, 1004
JOB llfAM!::
B.-yoton BI!~eb clty Ubnry
LOCATION:
Boynton Be~h. Florida
1011512003
Scbonbl -Schultz
ARcIDT'ECT:
pLANS DATED:
TO: Sessoms Coust:r'Wctian ADDBNDU~ #4
^~ Leo SIDSII~ms '~
Items not 9PColficODy lis'red are not i<<luded. pJ:'oposel is liuDn\ittCld fOJ accOpTance within ]0 days.
WE PROPOSE TO F\.JRNtSH 11!B NECESSAAY MATERIALS FOR. THE ABOVB.NAMED 13UILDING,
SUPPLY ONI. Y THE. FOLLOWlNQ ;
62 Ba. C\Lstom Welded lfiOiJ. Honow Metal FmDCS (Si.1lg1o witb. TranaDlll)
10 Ee CUstom Welded 16Ga. HoUuw Metal framell (Double with. TJ'BDIDlD)
3 Ea C"stoJD Welded 160&. HDUowMetal Framell (SUIgle with a TremOPland 1 Sideli~)
5 & Custom Wolded 100L Hollow Maw F!lI:mti (Sb1glll with a Transom:dUl2 Sidelitl:9)
18 :& Welded 16Qll. ltolloW Metal 'PrlUPCS (14 Singles &.4 Dopbles)
7 Ba 160.. Hollow MotalDoars (5 Sin&lca" 1 DO\lblc)
28 Ea Solid Core S Ply PlaiD Sli..ed Red Ou Doors
54 E4 }lEd oak Stile 1l1l4 llaill Lite Doors
24 Ea IUd auk Stile ~ RlJil 1 Lite oVCl' 1 PB.DCl Doors
I l>>t ofFini5b u.rclWlUC tD lne1ude: lyes 'llingo" LeN Door C10SllrllllDd MagJ)ctie Holrlt:rs, Scb1a&e L Serio Lever
Locks. Deadlocks and lUm CylindOfll. Van DlqViD. B1tit Deyice&, lvea ODor AI:CCl"oti~, 'Pcr:uka Weat1=a1rip.
Throllbolds aDd Door Bottoms.
Far The Slim or ........5110,000..00
!:!pIa .,.,1 CIJlt4itlDIU
1. price iPDlodea salel tax.
2. DeliverieS are F.O.B. jobsite, tailSatc delivery. Slmke4:nat is NOT included.
3. We lDl:lude Huni~e Approved AasomblieB at B~ L9catiDu&
4. Grouting ofPrames and Bituminous CoMing ilt B~lude4.
5. All G18uIl.Dd mazipg for T~, Sidelitcs, Door Utes IUId Borowtci Litu By OtherS.
6. AU m""trir: Wi:ri:nS, poWC'l' :hlays, Transt'onnom and Card R.ea4cn by Otl.Clts.
7. DDal #177'B 3050 Radius Top with llound Lite Inserts is bcluded . AJJ. AdditioJl41 Cbugo can be added
wlu:n nwr. Inf~tion )s supplied
g. All doors lU1a ftall\ClS Bte 10 be field finished by others. FiJWhi:&\8 QPt ~luded m tbill pcopo&al.
pricn ~1~ applicabll: 1Ia16t~. Pali'ltrtlll.llro f.O.iLjDllI1Ul,1ll111lata delivery.
If "")I p~inp ~n "Ql11J1\IIlru:mI by minI il liBIIlb &ec\l~ "r AtnTtIl "Y Nit the -pe.ymt:nt of 8Il)' ponillJ\ of ~h "riel> Ulc WJdmIijPlC4 .... 111 J*)' wi1l1oul 'P~R)
olamllnd ;0\1" ;1)511 Ind ~cry'. ~ fM IIIIlb IlOUIHIQon.
CUS"l'CM611'S ACCEJ"T^NCe
ACC:e-ptDd bJ' \:1:l1l ullcScMsn;&! Il>ltJa:t to lbc cooditi""- a.boVo.
Thill propos,,) ~JlII coJ\BtjW'~ D Canlrjp;T when signed by both 'Partie!.
CO. ofFLOlUDA. INC.
By:
B)'~
T mas Il. ltarrillOD, A_a,C.
~ger Door Depattxnent
D~te:
12/07/04 TUB 15:32 [TX/RX NO 7031]
~.
.'9
IlC.F
1111
f.J
FAX
LOTSPEICH
co. .oF 'FL. INC.
~x.
~Q; \DS ~ .
\t)\~~O ~
, ~'.fj
West Palm Beach
7436 CBtltnlllndustrial Drive
Suite A
Riviera Beach, Fl 33404
west Pltlm (561) S48-3C40
Wust P.1m F~ (58') 84a..QQ20
Brown C9s..) 978-2388
To: S~oms Cons,tru~~lcm Ce.,
Inc. .
, Att:
Re: .
Lindsey Nelson
Boynton Beach Library
From: :Lot3pekh (;0. of Florida, Ine..
. !;Date: 5 Odober, 2005
"
No. 'Pages: 1
Sender:
DepClrtment
@Extension:
Phonll
Patty Millngpld, AHC
WPB' - Doo~
218
(561) 848-3040
{Sit} 841.8Q20
Phone
Fax Phone
954-431-7900
954-436-5789
Fa~ Phone.
cc: file
REMARKS;
o Urgent
o For your review 0 Reply ASAP
EJ ~easeconvnent
Lindsey,
In re.sponse to your faxes regarding price esealations1 J have reviewed the increases that
have already been incur.r.ed, whUe. ~rolect has Dot p.rocaadad~ aad. the. addltiona4
escalation based OrT lilcr-eased' prices on steel, antf. adif.ifionaf fuer SUFCl1arnes that will be
incurred. The following i~ ~ bre~kdown of increases:
1) Hollow metal door.s & frames - $2,123.00
2) Wood doors - $2,335.00
3) Finish hardware ~ $.3,367.00
Total escaloi\tion $7~825.00
Revised .:=r::mtract amount would now bq 117',825.DI)'. This escalation is for holding prices
good through 'the first quarter Df 2006. P ass procesS" change order acca.rdingly. AJso,
please provide a projact schedule for m furtal requir~munts as soon as- possible.
Thanks, Patty Mangold, AHC
, ,".
~
. " ~.\
-. ',I'
oe.:s . ~O, W'\ alud" O~ ,. ;j..>
o ~_i\\ f)q 0 n 0..',0. R . ~ 1.- i u.)'" \cl) ~.,
\'" ^ <. \n,..(JJ V, Cl..tLT'\ n Dll.rh..! CL ~ 'J e .:T
03/21/06 TUR 10:58 (~X/RX NO 9697)
.:.~.:':'.".'.'~'"r.fn:J
~ -g---
. ~...~;'':<'.:-:-:~;" .;..." :-";";':'--~..: ~..... .
Svssoms
CONSTRUCTION
COMPANY, INC.
L-~ ~~ (C fE WW~[Q)
JUN 1 2 2006
7485 Davie Road Extension · Hollywood FL 33024
Broward (954) 43[~7900 · Fax (954) 436.6789
REQUEST FOR CHANGE ORDER CG CBOI 134
MEMORANDUM
DATE:
June 9,2006
TO:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
FROM:
Lee Sessoms, Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #017-2610-04/CJD
RCO #026, Project Log #117
Description of Proposed Change:
Cost escalation price increase regarding casework - NO CHARGE BASED ON USING
KMIINTERNATIONAL, INC. 2501 Park Street, Lake Worth, FL 33460
Reason for Change:
Cost escalation for price increases due to time delay
Additional Cost:
SCCI Overhead and Profit (05%):
Subtotal:
City Permit Fee (2%):
Subtotal:
scel Bond Premium (1 %):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 0
$ 0
$ 0
$ 0
$ 0
$ 0
$ 0
PROPOSED CHANGE IN CONTRACT TIME: Zero (0) days
Cc: Craig Clark, Interim Library Director
Attachment: Supplier/Subcontractor Proposal
lS/mb
G:\379 - Boynton Beach Library\Change Orders\26\Rco #26
O~/12~~~~~~13: 26.. FAX 9544366789__ _ __SESSOM~.sQ.N.STRlI.CnuN
06/G~/06 FRI 08:~7 FAX 964438678~
SB850VS coNSTRUCTION
~ Sessoms
.. CONSTRUCTION
_ COMPANY, INC.
-:-
.44 ~CH~NK~L~"UJ.IL
~f1J U t.I _t
H-> 9CllENJ:t:ULsIIln:r2
RJJ ')Ill
~
7485 Davie Road ~ne;'on · Hollywood FL '33024
BroWatd (954) 43 t~7900 · Fax (954) 436-6789
REQUEST FOR CHANGE ORDER co CBO 1134
MEMORANDUM
DATE:
TO:
FROM:
June SI, 2000
John Cairr. SCI-lENKGLSHUL TZ ARCHtTEC"I1.JRE
Lee sessoms. Vice President
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid *D17-2810-04lCJD
Reo fI02G, Project Log #117
Des~ptlon of Prapoaed eJ1anQ~;
Cost e9CaIaVOn price incretne regarding cssewort< .. NO CHARGE BASED ON USING
JQAIINTeRNATIONAL. INC. 2501 Park street. Lake Wor1h. A. 33460
~~' ~MIJd;U c/,,j/~~~~f=S
ett~ ~/-~ ..0 eJe~ /J. ~
a_-- for IiInge:
Cost esC2llllltJon for price increasee due 1D time delay
Additionlll Cost:
sec. OVerheBd and Prcrftt (05%):
Subtotal:
CRy Pennit F"8 (2%);
Subtotal:
sec. Bond Pronlium (1 %):
PROPOSED CHANCE IN CONTRACT AMOUNT.!
PROPOSED eHA.NGE IN CONTRACT TIME: Zero (0) day&
cc: crq'g Cb:lrk, Interln1l.JbraJy OimctDr
Attachment: Supplier/Subt;Ontmdor Propoefid
L.S/rnb
0:\319 -~ Be8dt ~ ~e\Ra,lI28
Ii 0
$ 0'
$ 0
S 0
S 0
$ 0
$ 0
Ll . ?no!::.
.it.h', (i> ~ ~ ...
ay'
06/09/06 FRI 11:57 [TX/RX NO 5594)
~
~\1" '~~.'"
/ \ "
, \
;
f]:, Lr
C>,,_ . //0,
J-...... . ../ \"
'\/ :;:.,,,, ,,'P--"~:"-v
;; O~ v
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACI ITEM C.7.
AGENDA ITEM REQUEST FOi~_._
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
0 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 July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) r8J July 18, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF r8J 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
RECOMMENDA TlON:
Approve Resolution No. 06-_ to authorize the City Manager and City Clerk to execute an agreement between the
City of Boynton Beach and the Fairmont Place Homeowners Association, Inc. to share the purchase cost and use of an
emergency generator at a City lift station.
EXPLANATION:
The subject agreement will allow the Fairmont Place Homeowners Association, Inc. and the City of Boynton Beach to
each contribute 50% of the purchase price of a new emergency generator that will be permanently installed at the
City's lift station no. 910, and sized to operate the lift station and portions ofthe adjacent Fairmont Place
Homeowners Association, Inc. clubhouse during power outage emergencies. The specific sizing and cost of the
generator will be reflected in a request for purchase agenda item, to be brought to the City Commission at a later
date.
The City will purchase, install and maintain the generator, whereas the Homeowners Association will reimburse the
City for its share of the purchase price, plus bear the additional cost to install the necessary electrical connections to
the clubhouse.
PROGRAM IMP ACT:
This agreement will allow cost-sharing, and the installation of an additional generator for use during power outage
emergencies.
FISCAL IMPACT:
The net cost to the City is currently estimated at $15,000, yielding a potential savings of approximately $15,000 due to
the 50% cost-sharing with the Homeowners Association.
ALTERNATIVES:
Continue to fully fund all emergency generators, without assistance from the Homeowners Association.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Utilities
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
City Attorney / Finance / Human Resources
Department Name
XC: Peter Mazzella (w. copy of attachments) 10/
Barbara Conboy
Michael Low
City Attorney
Finance Dept.
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMDOC
j i
RESOLUTION NO. R06-
4
5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, APPROVING THE
7 AGREEMENT BETWEEN THE CITY OF BOYNTON
S BEACH AND THE FAIRMONT PLACE HOMEOWNERS
9 ASSOCIATION, INC., TO SHARE THE PURCHASE
10 COST AND USE OF AN EMERGENCY GENERATOR
Il AT A CITY LIFT STATION AND AUTHORIZING THE
12 CITY MANAGER AND CITY CLERK TO EXECUTE
13 SAID AGREEMENT; AND PROVIDING AN EFFECTIVE
14 DATE.
15
16
17 WHEREAS, the Agreement with the Fairmont Homeowners Association, Inc., will
IS allow both parties to each contribute 50% of the purchase price of a new emergency generator
19 that will be permanently installed at the City's lift station No. 910; and
20 WHEREAS, the generator will be sized to operate the lift station and portions of the
21 adjacent Fairmont Place Homeowners Association, Inc., clubhouse during power outage
22 emergencies; and
23 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best
24 interest, health, safety and welfare of the citizens and residents of Boynton Beach to enter into
25 the Agreement with the Fairmont Homeowners Association, Inc., for sharing the purchase
26 I cost and use of an emergency generator to be installed at a City lift station.
I!
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
28 ! HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
29
Section 1.
Each Whereas clause set forth above IS true and correct and
3(' ;crporated herein by this reference.
3
Section 2.
The City Commission of the City of Boynton Beach, Florida hereby
",-. \RESO\Agreements\Agmt with Fairmont (Emergency Generator).doc
5
6
"7
I
8
9
10
]]
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
i'
- I
-' .'~
32- i I
34
35
36
~l ~-
,
31'
>.'\'es and authorizes the City Manager and City Clerk to execute the ^f,'Teement between
l. llil ,-ity of BO)-11ton Beach and the Fairmont Homeowners Association, Inc., for sharing the
:; purchase cost and use of an emergency generator to be installed at a City lift station, a copy of
4 said Agreement is attached hereto as Exhibit "A".
Section 3.
That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _~.__ day of July, 2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor Jerry Taylor
Vice Mayor Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
Commissioner- Muir C. Ferguson
ATTEST:
C:ity Clerk
(Corporate Seal)
, . .,'RESO\Agreements\Agmt with Fairmont (Emergency Generator),doc
AGREEMENT TO PROVIDE GENERATOR
IN THE EVENT OF AN EMERGENCY
THIS IS AN AGREEMENT, dated the _ day of
between:
2006, by and
THE CITY OF BOYNTON BEACH, a municipal corporation, organized and
operating under the laws of the State of Florida, with a business address of 100 E.
Boynton Beach Boulevard, Boynton Beach, Florida 33425, hereinafter referred to
as "CITY";
And
THE FAIRMONT PLACE HOMEOWNERS ASSOCIATION, INC., a Florida
not-for-profit corporation, authorized to do business in the State of Florida, with a
business address of 4662 Boxwood Circle, Boynton Beach, FL 33436, hereinafter
referred to as "FPHOA".
WITNESSETH
WHEREAS, FPHOA is a Homeowners Association that owns property located at 4662
Boxwood Circle, Boynton Beach, Florida and additional common areas as described in the
documents filed with the County of Palm Beach, Florida and,
WHEREAS, FPHOA desires to have the CITY provide a generator to be used to operate
CITY's Lift Station number 910 and a portion of the FPHOA's electrical equipment in the event
of an emergency, or other natural or man-made disaster; and
WHEREAS, the parties hereto have concluded that the most efficient manner in which to
achieve the purposes and goals set forth above would be through the entering of this Agreement;
and,
NOW, THEREFORE, in consideration of the mutual promises contained herein and
T en and nolI 00 ($10.00) Dollars and other good and valuable considerations, the receipt,
sufficiency, and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
].0 The aforesaid recitals are true and correct and are incorporated herein.
2.0 Purpose. The purpose of this Agreement is to authorize the CITY to provide a
generator to the FPHOA in the event of an emergency or other natural or man-made
disaster.
3.0 Responsibilities and Oblie.ations:
3.1 CITY shall purchase a generator of a sufficient size and power to operate the
CITY's Lift Station Number 910 and FPHOA's lights, air conditioning and some
Page I of6
appliances at the FPIIOA's Clubhouse located at 4662 Boxwood Circle. Boynton
Beach. FL.
3.2 CITY will purchase the generator, and FPI lOA will provide CITY with one-half
of the purchase price upon the presentation of an invoice by CITY.
3.3 The generator will be installed \vithin the CITY's utility casement and will be
installed, owned. maintained and operated by CITY.
3.4 FPHOA will be responsible for installing a1l electrical connections, interlocking
safety equipment, and wiring from the CITY provided interface at the lift station
to FPHOA's facility, in accordance with electrical code requirements.
3.5 ClTY \vill be responsible for installing the generator permanently, facilitating all
connections to its lift station with an external interface for the use of FPHOA, and
periodically testing the generator.
4.0 Term and Termination. This Agreement shall renew from day-to-day, unless
otherwise terminated in accordance with the terms hereof. This Agreement shall
terminate ten (10) years after the date on which the CITY installs the generator, or when
the generator is no longer capable of being repaired, whichever occurs later. Notice of
termination shall be addressed to the CITY or FPHOA as provided in this Agreement.
Upon termination the CITY, at the CITY's option, will remove or replace said generator.
If the CITY opts to replace said generator a new agreement shall be required for
continued service to FPHOA's facilities.
5.0 Indemnification. The FPHOA agrees to indemnify and hold harmless the CITY, its
trustees, elected and appointed officers, agents, servants and employees, from and against
any and all claims, demands. or causes of action whatsoever, and the resulting losses,
costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or
decrees, sustained by the CITY or any third party arising out of: or by reason of, or
resulting from the FPHOA's negligent acts, errors, or omissions related to the
performance of obligations pursuant to this Agreement..
CITY is a state agency or subdivision as defined in Chapter 768.28, Florida Statutes, and
agrees to be fully responsible for acts and omissions of its agents, contractors, or
employees to the extent permitted by law. Nothing herein is intended to serve as a
waiver of sovereign immunity by the CITY. Nothing herein shall be construed as
consent by the CITY to be sued by third parties in any matter arising out of this
Agreement or any other contract.
6.0 Default. In addition to the other remedies which CITY may have specifically set forth in
this Agreement in the event of EITHER party's default, EITHER party shall be entitled
to equitable relief to enforce the terms and conditions of this Agreement either through a
decree for specific performance or injunctive relief.
7.0 Notice. Any notice, request, demand, instruction or other communication to be given to
either party hereunder, except where required to be delivered at the Closing, shall be in
Page 201'6
writing and shall be hand delivered or sent by Federal Express or a comparable over-
night mail service, or mailed by U.S. Registered or Certified Mail, return receipt
requested, postage prepaid, to CITY, FPHOA, CITY's Attorney and FPHOA's Attorney,
at their respective addresses listed below, or by facsimile transmittal with a receipt
certifying delivery:
City:
Copy To:
FPHOA:
Copy To:
Kurt Bressner, City Manager
City of Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425
Telephone No. (561) 742-6060
Facsimile No. (561) 742-6090
James Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone No. (954) 771-4900
Facsimile No. (954) 771-4923
Sheldon Kane, President
4664 Boxwood Circle
Boynton Beach, Florida 33436-4720
Telephone No. (561) 732-9605
Facsimile No. (561) 375-9078
Kenneth S. Direktor, ESQ. Attorney of Record for FPHOA
Bank of America Center
625 N. Flagler Drive, 7th Floor
West Palm Beach, Florida 33401
Telephone No. (561) 655-5444
Facsimile No. (561) 832-8987
Notice shall be deemed to have been given upon receipt of said notice. The addressees
and addresses for the purpose of this paragraph may be changed by giving notice. Unless
and until such written notice is received, the last addressee and address stated herein shall
be deemed to continue in effect for all purposes hereunder.
8.0 Assienment. The Contract shall not be assignable by either party.
9.0 Miscellaneous.
9.1 Counterparts. This Agreement may be executed in any number of counterparts,
anyone and all of which shall constitute the contract of the parties. The
paragraph headings herein contained are for the purposes of identification only
and shall not be considered in construing this Agreement.
Page 3 of6
<).2 Amendment. No modification or amendment of this Agreement shall be of any
force or effect unless in writing executed by both FPIIO/\ and elT'!'
9.3 Attorneys' Fees. If any party obtains a judgment against any other party by
reason of breach of this Agreement. attorneys' fees and costs shaJl be included in
such judgment.
9.4 Governin2 Law. This Agreement shall be interpreted in accordance with the
laws of the State of Florida, both substantive and remedial.
9.5 Entire Agreement. This Agreement sets forth the entire agreement between
OWNER and CITY relating to the Property and all subject matter herein and
supersedes all prior and contemporaneous negotiations, understandings and
agreements, written or oral, between the parties.
9.6 Computation of Dates. If any date computed in the manner herein set forth falls
on a legal holiday or non-business day or non-banking day, then such date shall
be extended to the first business day following said legal holiday or non-business
day or non-banking day.
9.7 Time is of the Essence. Time is of the essence and failure of the CITY to
exercise the option granted hereby on or before the Option Acceptance Date shall
cause this Agreement to terminate and be of no further force or effect. The
provisions herein contained shall be strictly construed for the reason that both
parties intend that all time periods provided for in this Agreement shall be strictly
adhered to.
9.8 No Recording. Neither this Agreement nor any notice or memorandum hereof
shall be recorded in the public records of any county in the State of Florida.
9.9 Jnterpretation. Should any term or provision of this Agreement be subject to
judicial interpretation, it is agreed by FPHOA and CITY that the court
interpreting or construing the same shall not apply a presumption that the term or
provision shall be more strictly construed against the party who itself or through
its agents and attorneys of each party have participated in the preparation of the
terms and provisions of this Agreement and that all tenns and provisions have
been negotiated.
9.10 Captions, Headings, Etc. Captions, headings, section and subsection numbers in
this Agreement are for convenience and reference only, and shall have no effect
upon the meaning of any of the terms or provision herein.
9.11 Waiver. Failure of either party to insist upon compliance with any term or
provision hereof shall not constitute a waiver thereof: and no waiver of any term
or provision of this Agreement shall be effective unless it is in writing and signed
by the party against whom it is asserted. Any waiver of any term or provision of
this Agreement shall only be applicable to the specific term or provision and
Page 4 0[6
instance to which it is related, and shall not be deemed to be a continuing or
future waiver as to such term or provision or as to any other term or provision.
9.12 No Third Party Beneficiary. The terms and provisions of this Agreement are for
the exclusive benefit of FPHOA and ClTY, and not for the benefit of any third
party, and this Agreement shall not be deemed to have conferred any rights,
express or implied, upon any third party.
9.13 Additional Documents. The PARTIES hereby agree from time to time to
execute and deliver such further documents and do all matters and things which
may be convenient or necessary to more effectively and completely carry out the
intentions of this Agreement. FPHOA hereby represents to ClTY, with full
knowledge that CITY is relying upon these representations when entering into
this Agreement with OWNER, that FPHOA has sole interest in the Property and
that no other person, entity, or mortgagee has any interest in said Property.
9.14 Legal Representation. It is acknowledged that each party to this Agreement
had the opportunity to be represented by counsel in the preparation of this
Agreement, and accordingly, the rule that a contract shall be interpreted strictly
against the party preparing same shall not apply due to the joint contribution of both
PARTIES.
IN WITNESS WHEREOF, the PARTIES hereto have made and executed this Agreement
on the respective dates under each signature: the CITY through its City Commissioners, signed by
and through its City Manager, authorized to execute same by City Commission action on the
day of , 2006, and FPHOA, by and through the undersigned officers duly
authorized to execute same.
CITY
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
BY:
KURT BRESSNER, CITY MANAGER
JANET PRAINITO, CITY CLERK
APPROVED AS TO LEGAL FORM:
OFFICE OF THE CITY ATTORNEY
Page 5 of6
FPHOA
wrfNESSES:
TllE FAIRMONT PLACE
HOMEOWNERS ASSOCIArJON. INC.. a
not- for-profit corporation
Florida
BY:
Print Name
Print Name
Print Name
STA TE OF
COUNTY OF
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared _____
who is personally known to me or who has provided as
identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes
mentioned in it and is duly authorized to execute the foregoing Agreement on behalf of
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the
State and County aforesaid on this _~___ day of ~________________, 2006.
NOTARY PUBLIC
Print or Type Name
My Commission Expires:
DNT:dnt
H:\t990\900182BBIAGM'nFairmont Place Generator. doc
Page 60f6
.Cc~' \ 1'r': o~"
i . .
i . \
illO\" ... )~.
~ '>',..r'i <;-
'''ON \;>
CITY OF BOYNTON BEACI
AGENDA ITEM REQUEST FOkM
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)
0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April I?, 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
RECOMMENDATION: Authorize the use of$4,000 to the Community Caring Center and $5,000 to the DeVos-Blum
YMCA Partners in Youth Program from Commissioner Ferguson's Community Investment Funds.
EXPLANATION: Commission approval is requested for allocation of $4,000 to the Community Caring Center and $5,000
to the De Vos-Blum YMCA for their 2006 Partners in Youth Program.
PROGRAM IMPACT: Allocation of funds will assist the above program
FISCAL IMPACT: (Include Account Number where funds will come from.) 001-1110-511-95-47
Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate
subject to Commission approval.
AL TERNA TIVES: Decline to authorize the requested use.
Department Head's Signature
~ l'I~~MJ /J:E
, -' City an ger's Signaturel
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: July 6, 2006
Requested by Mayor/Commissioner: Commissioner Mike Ferguson
Amount Requested: $4,000
Recipient/Payee: Community Caring Center
Description of project, program, or activity to be funded: Community Caring Center
Dated f~,:;, By ;rv.-<-- /(/.2fl~
II J '
,; l
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000. $1,000 has been used to date by the requesting Member, leaving a
balance of available funds of $9,000. This request would bring the available amount down to
$5,000.
Accordingly:
'tf There are funds available as requested
o There are insufficient funds available as
Dated:
7/t,1o ~
I /
By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
o The proposed expenditure of funds will not result in improvement to private
property;
o The recipient/payee provides services within the City of Boynton Beach;
o The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
o Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
Dated:
By:
City Manager
S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-06,doc
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: July 6, 2006
Requested by Mayor/Commissioner: Commissioner Mike Ferguson
Amount Requested: $5,000
Recipient/Payee: DeVos-Blum Family YMCA of Boynton Beach
Description of project, program, or activity to be funded: 2006 Partners in Youth Program
~.
Dated' c; j; ~
/
Byn,~~jf~
v r
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000. $5,000 has been used to date by the requesting Member, leaving a
balance of available funds of $5,000. This request would bring the available amount down to
zero.
Accordingly:
')i. There are funds available as requested
o There are insufficient funds available as
Dated:
1/ (, 10 (,
I I
By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
o The proposed expenditure of funds will not result in improvement to private
property;
o The recipient/payee provides services within the City of Boynton Beach;
o The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
o Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
Dated:
By:
City Manager
S:ICity MgrlAdministrationlMAYORCOMICOMMUNITY INVESTMENT 2005-20061BLANK FORM REVISED05-06.doc
9600 South Military Trail, Boynton Beach, Florida 33436
www.ymcaspbc.org
Phone: 561.738.96L-
Fax: 561. 7 38.605 5
@
RECEIVED l
---...------,
~UN -82006 \
\ I
~ I
CITY MAN,l\Gn~IS OFFICE \
~~____-----..._,-...,-.---.-------l
June 7, 2006
Mr. Kurt Bressner, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Dear Kurt,
Our YMCA has really become part of the fabric of the Boynton Beach community. Since our
grand opening in December 2000 we have opened our door to the entire community; providing
much needed programs and services such as preschool and school aged child care, youth and
adult fitness/wellness, youth and adult sports and aquatics, all in a healthy, safe and character
building atmosphere.
In our first year of operation we were able to provide $ll 0,000 in financial assistance to children
and families of our community; enabling them to participate in programs that they would
normally be unable to afford. In 2005 this number grew to $570,000 in financial assistance,
impacting the lives of over I ,900 people. Not only were they able to receive valuable services
through the YMCA, but they also received mentoring of our YMCA character values of caring,
honesty, respect, and responsibility. These values, along with our programs, are helping
Boynton Beach build strong kids, strong families and a strong community.
We are proud of our accomplishments and our impact on the community. As community
awareness about the YMCA and its' services grows, the real need also reveals itself to us. Our
YMCA engages in an annual fundraising program to help raise funds to support our financial
assistance.' During 2005 our "Partners vvith Youth" program raised contributed dollars in the
amount of $260,000.
Please consider being a major part of our 2006 "Partners with Youth" program by contributing
$15,000 in support of our children and families in need. This money will help sustain the
mission of the YMCA in our community.
Sincerely,
.- / ^ d -'
Todd W. Shuart
Executive Director
A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION, NUMBER SC-03I49, MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES
BY CALLING TOLL. FREE (1.800.435.7352) WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE.
THE YMCA OF SOUTH PALM BEACH COUNTY, D/B/A THE YMCA OF BOCA RATON, PETER BLUM FAMILY CENTER AND THE DEVOS. BLUM FAMILY YMCA OF
BOYNTON BEACH, RECEIVES 100% OF ALL CONTRIBUTIONS MADE TO THE ORGANIZATION.
A PARTICIPATING AGENCY OF THE UNITED WAY
.gc:.\..-ry.'..... 0....."".
.. . '~'''. .,' "-
! \
l \
III \ .. J J:
0'1(-'" " . J!
;"/~~>,-~~_ ,__~__.J~ 'Y'
;~ON
VI.-CONSENT AGENDA
ITEM E
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 OfficI<
0 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 July 5, 2006 June 19, 2006 (Noon)
0 May 16, 2006 May 1,2006 (Noon) ~ July] 8, 2006 July 3,2006 (Noon)
0 Administrative 0 Development Plans
NA TURE OF ~ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Authorize the use of $1,000 to Boynton Beach Head Start for the Bahamian Independence Day
Celebration and $1,000 to Art Explosion from Vice Mayor McKoy's Community Investment Funds.
EXPLANATION: Commission approval is requested for allocation of $1,000 to the Boynton Beach Head Start for the
Bahamian Independence Day Celebration and $1,000 to Art Explosion.
PROGRAM IMPACT: Allocation of funds will assist the above program.
FISCAL IMPACT: (Include Account Number where funds will come from.) 001-1110-511-95-47
Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate
subject to Commission approval.
AL TERNA TIVES:
Department Head's Signature
~
. ..~~
. . , ;';i;;gc," S;gna'mc
Department Name
City Attorney I Finance I Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: July 13,2006
Requested by Mayor/Commissioner: Vice Mayor Carl McKoy
Amount Requested: $1,000
Recipient/Payee: Boynton Beach Head Start
Description of project, program, or activity to be funded: Bahamian Independence Day
Celebration.
Dated: I.../.J-~;t;
BY:fr uL/k
/
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000. $1,500 has been used to date by the requesting Member, leaving a
balance of available funds of $8,500. This request would bring the available amount down to
$7,500.
Accordingl y:
l- There are funds available as requested
u There are insufficient funds aVailabl~est~!!~
7 IJ.l! 17 V> By: t 1-
I I Finance Director
Dated:
Part 111- Eligibility Evaluation (to be completed by City Manager)
r/' The proposed expenditure of funds will not result in improvement to private
property;
r:f The recipient/payee provides services within the City of Boynton Beach;
Gi The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
ff' Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
7
71,'1: ) oh BY:~4:\k'~""'/\.
City Manager
Dated:
S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
BOYNTON BEACH
HEAD START
July 13, 2006
City of Boynton Beach
Dear Commissioner McCoy:
This letter is in reference to the conversation we had about the Bahamian
Independence Day Celebration this coming Saturday, July 15th, 2006. I apologize for
the belated reminder, however I had to go to the Bahamas due to the death of my
brother. In anticipation for what will be a festive and merry event, I am asking for
financial assistance with this event. Mr. McCoy, you have been faithful in the past
and this event is one for all the citizens of Boynton Beach. There will be food and all
activities are free. I will need a response by Thursday, July 13, 2006 and I am
looking forward to your attendance.
Sincerely,
Lena Rahming
Event Organizer
Dignitaries
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: July 13,2006
Requested by Mayor/Commissioner: Vice Mayor Carl McKoy
Amount Requested: $1,000
RecipientlPayee: Art Explosion
Description of project, program, or activity to be funded: To expose the general public to
visual and literary arts and provide an opportunity to meet the authors.
Dated: l-/S-t::J!:,
By ,rJ /htib
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000. $2,500 has been used to date by the requesting Member, leaving a
balance of available funds of $7,500. This request would bring the available amount down to
$6,500.
Accordingly:
J'. There are funds available as requeste
o There are insufficient funds available as
Dated:
71t~ /f>~
I /
By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
Dated:
il141cL
.
rtY The proposed expenditure of funds will not result in improvement to private
property;
u.f The recipient/payee provides services within the City of Boynton Beach;
ltt' The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
p/' Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated p~rpJse.
~
/' ./ , t 1~'--1
City Man ger
By:
S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
July 14- 16, 2006
Ezell Hester, Jr. Community Center
1901 N. Seacrest Boulevard
For more drtistinformation or to reseNe
artist space, call Frank Ireland at 742-6231
FEATURING
This is the perfect venue:
Friday, 7:30 p.m.
Meet & Greet Artists & Authors
Reception & Dance
(Tickets Available for $10)
· To sell your work
· Gain valuable
· experience In presenting
your work
· To meet other authors
and artists and share
your experiences
· To expose the general
public to visual and liter-
ary arts
· To have the opportunity
to verbalize the impor-
tance of the arts to eve-
ryone
Free Kids Art Tent Bounce House,
Face Painting and Pony Rides!
Food & Craft Vendors (Rental spaces available)
Non-Profit Vendors
Free Discussion Panel & Seminars
Free Saturday Ethnic Art Exhibition Including
Two and Three Dimensional Artwork
Saturday, 7:30 p,m,
Spoken Word Poetry Jam & Comedy Show
(TIckets Available far $7)
We Make
life fun!!
P('\'r:t,~,r' J"".l{h
SPECIAL THANKS TO THE FOllOWING SPONSORS:
PalmBeachPost.com
Universal
P&P
"'""~C"'''''''-''''-''S:;:~'''~i.'''~'''lM'_ ,-,"""- ....s:::::'.~.~..'~'="'.~.,. '.;::~';7:'E""""""'''"''''''''
The Palm Beach Post
~\.,.y o~
{.. .. 1
o[ .................. .,.
0\.. . (j
)." . . .' ""
<'~_/ .
7'0 N \3
VIII.-PUBLIC HEARING
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
o April 4. 2006
o April 18, 2006
o May 2, 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] 7,2006 (Noon)
. J.
June 19,2006 (Noon)
-1_~
o May 16, 2006
May],2006 (Noon)
July 3, 2006 (Noon)
r..)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
o Unfmished Business
o Presentation
, ) -..;
~'.. ~\
~~..:)
'i~
;~ I::~l
"'.""i"'....
'e-)
RECOMMENDA nON: Please place this request on the July 18, 2006 City Commission Agenda under Public
Hearing, and Legal, Ordinance - First Reading. The CRA Board recommended that the subject request be approved on June
13, 2006, and the Planning and Development Board recommended that the item be tabled, on June 27, 2006. The tabling is
intended to allow for the amendments to be discussed at a workshop prior to advancement. If the Commission desires to
transmit the amendments, thereby keeping the proposed amendments on schedule with the other applications in this current
round of large-scale amendments, a workshop can be held with the Board during DCA's review but prior to adoption of
ordinances. There is insufficient time in this cycle's process to delay transmittal until after the desired workshop is held. For
further details on this request, see attached Department Memorandum No. 06-105.
DESCRIPTION:
EXPLANATION: The subject items are initial Comprehensive Plan amendments to implement
recommended changes to redevelopment plans including the proposed mixed-use zoning districts, and to further the provision
of affordable/workforce housing. These issues, and particularly the implementation of redevelopment Plans, were discussed at
CRA and/or joint workshops held on July 18,2005, September 22,2005, and November 29,2005. Although the Special High
Density classification could be changed to allow it in the CRA rather than just the coastal area, staff promotes the provision
and distribution of workforce housing city-wide and therefore has proposed the subject change which warrants review by the
Planning & Development Board. Please note that use of this land use classification outside the CRA cannot be fully
implemented until the city establishes a prerequisite housing program to guide its city-wide use.
PROJECT: Comprehensive Plan Policies 1.9.5 and 1.16.1
Cycle 2-2006 Amendments (CPTA 06-001)
Request to amend Future Land Use Element policies 1.9.5 and 1.16.1 of the City of
Boynton Beach Comprehensive Plan.
N/A
N/A
Pull items from amendment cycle and process at a subsequent large-scale cycle or amend
the i ins to limit them to the CRA area.
PROGRAM IMPACT:
FISCAL IMPACT:
AL TERNA nVES'
U
Planning and Zoning Ir tor City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\SPECPROJ\C TA\06-00] Redevelopment & Affordable Hsng\Agenda Item Request Cycle 2-2006 Amend Redev.Affordable
Housing CPTA 06-00] 7-] 8-06.dot
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
4
5
6
7
8
9
10
II
12
13
14
IS
16
17
18
19
20
21
22
23
24
25
26
27
I
28
29 \
30 I
] 1 I
I
i
I
ORDINANCE NO. 06-
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING POLICY 1.9.5 AND POLICY 1.16.1 OF
THE FUTURE LAND USE ELEMENT OF THE
COMPREHENSIVE PLAN IN SUPPORT OF A
CORRIDOR STUDY ALONG WOOLBRIGHT ROAD
BETWEEN THE 'FLORIDA EAST COAST RAII~ROAD
R1GHT-OF-\VAY AND 1-95 AND TO ALLOW FOR
RESIDENTIAL DENSITIES OF UP TO T\VENTY (20)
D\VELLING UNITS PER ACRE IN AREAS OUTSIDE
THE FEDERAL I-lIGHW A Y CORRIDOR
REDEVELOPMENT AREA, FOR THE
DEVELOPMENT O.F AFFORDABLE HOUSING;
PROVIDING FOR CONFLICTS, SEVERABIl~ITY, AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida
("City") has adopted a Comprehensive Plan, and as part of said plan, adopted Policy
1.16.1 and Policy 1.9.5, pursuant to Ordinance 89-38 in accordance with the Local
Government Comprehensive Planning Act; and
WHEREAS, a recent interest in redevelopment along the north side of
Woolbright Road has raised the need for a redevelopment plan for that area requiring
an amendment to the above reference policies of the Future Land Use Element of the
Comprehensive Plan; and
WHEREAS, after public hearing and study, the City Commission deems it to
be in the best interest of the inhabitants of the City to amend the text of the City's
Comprehensive Plan by amending Policy 1.16.1 and Policy 1.9.5 as provided herein;
and
\VHEREAS, it is the recommendation of City staff that a text amendment to
S:\CA \Ordinances\Planning\Text Amendment 1.16.1 and 1.9.5.doc
I
Policy I. I 6. I and Policy I .9.5 has herein after set forth; and
2
WHEREAS, the City Commission finds that the adoptions of these
3
Comprehensive Plan Amendments are in the best interest of the health, safety and
4
\velfare of the citizens and residents of the City of Boynton Beach.
5
NOW THEREFORE, BE IT ORDAINED BY THE CITY
6
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
7
Section I.
The foregoing Whereas clauses are true and correct and are now
8
ratified and confirmed by the City Commission.
9
Section 2.
That the Comprehensive Plan, Objective 1. I 6.1, is hereby
10 amended by adding the words and figures in underlined type and by deleting the
]] words and figures in struck-through type, as follows:
] 2 Policy 1.16.1 (last definition)
13
14 Boynton Beach 20/20 Primary Target Areas Overlays: The target areas
15 delineated in the Boynton Beach 20/20 Redevelopment Master Plan as
] 6 "Primary Target Areas" shall be studied. -Studies and/or redevelopment
17 studies may address public improvements, infrastructure, building placement,
18 architectural character, streetscape, signage, landmark opportunities and
] 9 unifying design concepts. Implementation mechanisms may include, but are
20 not limited to, adoption of overlays in the land development regulations,
21 amendments to land development regulations, and/or through rezoning to
22 new or existing districts.
23
24 Overall Design Plans prepared for each area shall be reviewed by the
25 Community Redevelopment Agency and/or approved by the City
26 Commission.
27
28 The Primary Commercial Target Areas shall include but not be limited to:
29 · Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1;
30 . U .S.l from north to south city limits,
31 · Boynton Beach Boulevard from U.S.l to 1-95;
32 ! · Ocean Avenue from the Marina to Seacrest Boulevard; and,
S:\CA \Ordinances\Planning\Text Amendment 1. 16.1 and] .9.5 .doc
2
. Golf Road between U.S. 1 and Seacrest Boulevard. Woolbright Road
l2etwecn the Floriil~Ea~LCoast Railroad right-of-way and 1-95.
4 Also amend Policy 1.16.1 (definition orthe Special High Density Residential
5 future land use category) as follO\vs:
6 Special High Density Residential: This land use category shall consist of
7 redevelopment and infill residential areas assigned to this land use
g category in the portion of the designated Community Redevelopment
9 Area identified as Planning Area I and Planning Area V in the "Federal
10 Highway Corridor Community Redevelopment Plan", adopted on May
11 15,2001, and may also be applied in other areas of the City when utilized
] 2 in coniunction with the provision of affordable housing.
13
14
] 5 Section 3. That the Comprehensive Plan, Objective 1.9.5, is hereby
] 6 amended by adding the words and figures in underlined type and by deleting the
17 words and figures in struck-through type, as follows:
]8
]9 Policy 1.9.5 The City, by ~ 2007, shall conduct studies and/or prepare
20 redevelopment plans for areas designated by the Primary Target Areas
21 Overlay. The plans shall, in part, implement or further the adopted Boynton
22 Beach 20/20 Redevelopment Master Plan with use provisions, development
23 standards and design criteria which may address public improvements,
24 infrastructure, building placement, architectural character, streetscape,
25 signage, landmark opportunities and unifying design concepts.
26 Implementation mechanisms may include, but are not limited to, adoption of
27 overlays in the land development regulations, amendments to land
28 development regulations, and/or through rezoning to new or existing districts.
29
30 The Primary Target Areas which shall be studied include but arc not
31 necessarily limited to:
32 . Martin Luther King Boulevard from Seacrest Boulevard to U. S. I ~
33 . U.S.! from north to south city limits,
34 . Boynton Beach Boulevard from U.S. 1 to 1-95;
35 . Ocean Avenue from the Marina to Seacrest Boulevard; and;
36 . Golf Road bet\veen U.S. I and Saacrest Boulevard. Woolbright Road
37 between the Florida East Coast Railroad right-of-way and 1-95.
38
39 '
40 Section 4. All laws and ordinances applying to the City of Boynton
41 Beach in conflict with any provisions of this Ordinance are hereby repealed.
42
43
Section 5.
Should any section or provision of this Ordinance or any
S:\CA\Ordinances\Planning\TextAmendment 1.]6.1 and 1.9.5.doc
3
! ,
3
Lj
5
6
7
8
9
10
1 ]
]2
13
]4
]5
]6
]7
]8
]9
20
21
22
23
24
25
26
27
28
29
30
3]
32
33
34
,
3.5 [
36 :
37
portion thereof be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the remainder of this Ordinance.
Section 6.
This Ordinance shall become effective immediately.
FIRST READING this ~ day of August, 2003.
2003.
SECOND, FINAL READING AND PASSAGE this __ day of
ClTY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
S:\CA\Ordinances\P]anning\Text Amendment 1.16.1 and 1.9.5.doc
4
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DIVISION
MEMORANDUM NO. PZ 06-105
TO:
Chair and Members of the Community Redevelopment Agency Board;
Chair and Members of the Planning and Development Board; and
Mayor and City Commissioners
FROM:
Hanna Matras, Planner
Michael W. Rum~(}J~
Director of Planning and Zoning
THROUGH:
DATE:
May 17, 2006
SUBJECT:
Cycle 2-2006 Amendments - Policies 1.9.5 and 1.16.1 - (CPTA 06-001)
Comprehensive Plan Future Land Use Element
Redevelopment & affordable housing
INTRODUCTION
Staff is proposing two sets of text amendments to policies contained in the Future Land Use
Element of the City of Boynton Beach Comprehensive Plan. Each of these will aid in the
implementation of development and redevelopment efforts targeting both the Community
Redevelopment Area (CRA) and areas outside the CRA. The first will support a corridor study
along Woolbright Road between the Florida East Coast Railroad right-of-way and 1-95; and the
second will allow the City to consider residential densities of up to 20 dwelling units per acre
(du/ac) in areas outside the Federal Highway Corridor Redevelopment Area, for the development
of affordable housing.
PROCEDURE
All amendments to adopted Comprehensive Plan policies are considered text amendments, and
are a therefore "Large Scale Amendments" by Chapter 163, F. S. As such, they are restricted to
the twice-yearly amendment cycles and are transmitted to the Florida Department of Community
Affairs for review and comment prior to final adoption by the City Commission. Adoption is
tentatively scheduled for late November or early December of this year, to comply with the
State's requirement that this cycle be adopted before the end of the 2006 calendar year.
PROPOSED TEXT
(with proposed changes shown in underlined and bold text)
Policy 1.9.5 The City, by ~ 2007, shall conduct studies and/or prepare redevelopment plans
for areas designated by the Primary Target Areas Overlay. The plans shall, in
part, implement or further the adopted Boynton Beach 20/20 Redevelopment
Master Plan with use provisions, development standards and design criteria which
may address public improvements, infrastructure, building placement, architectural
character, streetscape, signage, landmark opportunities and unifying design
Page 2
File Number CPTA 06-001
Redevelopment and Affordable Housing
concepts. Implementation mechanisms may include, but are not limited to,
adoption of overlays in the land development regulations, amendments to land
development regulations, and/or through rezoning to new or existing districts.
The Primary Target Areas which shall be studied include but are not necessarily
limited to:
· Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1;
· U.S.l from north to south city limits,
· Boynton Beach Boulevard from U.S.l to 1-95;
· Ocean Avenue from the Marina to Seacrest Boulevard; and;
· Golf Road Between U.S. 1 ~md Seucr<:st BOl:JIc'/urd. WoolbriQht Road
between the Aorida East Coast Railroad right-of-way and 1-95.
Policy 1.16.1 (last definition)
Boynton Beach 20/20 Primary Target Areas Overlays: The target areas delineated
in the Boynton Beaeh 20/20 Redevelopment Master Plan as "Primary Target Areas"
shall be studied. -Studies and/or redevelopment studies may address public
improvements, infrastructure, building placement, architectural character,
streetscape, signage, landmark opportunities and unifying design concepts.
Implementation mechanisms may include, but are not limited to, adoption of
overlays in the land development regulations, amendments to land development
regulations, and/or through rezoning to new or existing districts.
Overall Design Plans prepared for each area shall be reviewed by the Community
Redevelopment Agency and/or approved by the City Commission.
The Primary Commercial Target Areas shall include but not be limited to:
· Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1;
· U.S.l from north to south city limits,
· Boynton Beach Boulevard from U.S.1 to 1-95;
· Ocean Avenue from the Marina to Seacrest Boulevard; and,
· Golf Road between U.S. 1 and SCucr-cst Boulevard. Woolbright Road
between the Florida East Coast Railroad right-Of-way and 1-95.
Also amend Policy 1.16.1 (definition of the Special High Density Residential future land use
category) as follows:
Special High Density Residentia/: This land use category shall consist of
redevelopment and infill residential areas assigned to this land use category in
the portion of the designated Community Redevelopment Area identified as
Planning Area I and Planning Area V in the "Federal Highway Corridor
Community Redevelopment Plan", adopted on May 15, 2001, and may also be
Page 3
File Number CPTA 06-001
Redevelopment and Affordable Housing
applied in other areas of the City when utilized in conjunction with the
provision of affordable housing.
ANALYSIS
The adopted Boynton Beach 20/20 Redevelopment Master Plan recommended that five areas of
the City to be designated as "Primary Target Areas", and that further study of these areas be
conducted in order to implement portions of the 20/20 Plan. Redevelopment Plans have been
conducted and adopted for four of the named areas: Federal Highway between the north and
south city limits, Martin Luther King, Jr. Boulevard, Ocean Avenue between Seacrest Boulevard
and the Intracoastal Waterway, and Boynton Beach Boulevard between Federal Highway and 1-
95. The fifth corridor suggested for study was SE 23rd Avenue (Golf Road) between Federal
Highway and Seacrest Boulevard. A major portion of this corridor, between Federal Highway and
the Florida East Coast Railroad (FEe) right-of-way, was included in the Federal Highway Corridor
Community Redevelopment Plan, adopted in May 2001. Development of the remainder of the
cited corridor segment is guided by policies included in the "Problems and Opportunities" section
of the data and analysis of the Future Land Use Element of the Comprehensive Plan.
Recent interest in redevelopment along the north side of Woolbright Road between the FEC right-
of-way and 1-95, has raised the need for a redevelopment plan for this area. It is anticipated
that the study will support staffs proposal to utilize the Mixed Use (MX) land use category
coupled with the proposed Mixed Use-Low Intensity 1 zoning district in this area, thereby
capitalizing on the redevelopment opportunities in this area, and providing a logical transition
from the MU-L3 being recommended at the adjacent intersection of Federal Highway and
Woolbright Road. Staff is proposing that the list of target areas be amended so that the Golf
Road corridor be replaced with Woolbright Road between the Florida East Coast Railroad right-of-
way and 1-95. This will require amendments to the two policies cited above (Policy 1.9.5 and
1.16.1) in the Future Land Use Element of the City of Boynton Beach Comprehensive Plan.
In addition, the City's recent examination of the need for affordable housing, particularly housing
affordable to members of the workforce, has identified the need for increased densities as a
means of providing additional opportunities for the construction of workforce housing. This could
be most easily accomplished by considering a land use amendment to the Special High Density
Residential land use category to allow its use in areas outside the Federal Highway Corridor
Redevelopment Area. Currently, Comprehensive Plan language limits the use of this land use
category to "the designated Community Redevelopment Area identified as Planning Area I and
Planning Area V in the Federal Highwav Corridor Community Redevelooment Plan. . ." Staff is
proposing that the land use category be considered on a City-wide basis, if it serves to implement
and achieve the City's affordable housing objectives (to ultimately be adopted). Staff anticipates
this to be just one of a few strategies to be implemented to increase housing opportunities for
the low income to "workforce" residents.
Page 4
File Number CPTA 06-001
Redevelopment and Affordable Housing
RECOMMENDATION
The proposed text amendments are the minimum necessary to achieve the desired end results;
therefore, staff recommends that:
1. The Community Redevelopment Agency Board and the Planning and Development Board
recommend approval of the proposed amendments;
2. The City Commission, acting in its capacity as the Local Planning Agency, find the
amendments consistent with the City's adopted Comprehensive Plan; and,
3. The City Commission approve the amendments for transmittal to the Florida Department
of Community Affairs for their review and comment.
ATTACHMENTS
5:\PIannlng\SHARED\WP\5PECPROJ\CPTA\06-001 Redevelopment &. Affordabfe Hsng\STAFF REPORT CPTA 06-001.doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 13, 2006
opportunity to develop strategy and form a unified idea of what they wanted to see
incorporated in the Heart of Boynton Plan. Their ideas could then be presented to developers.
VI. Public Hearing
~ Old Business: - None
~ New Business:
A. Comprehensive Plan Policies 1.9.5 and 1.16.1 Cycle 2 - 2006 Amendments -
Comorehensive Plan Text Amendment
1.
Project:
Comprehensive Plan Policies 1.9.5
and 1.16.1 (CPTA 06-001)
City-initiated
Request to amend Future Land Use Element
policies 1.9.5 and 1.16.1 of the City of
Boynton Beach Comprehensive Plan.
Owner:
Description:
Attorney Spillias declared the quasi-judicial board procedures were available at the rear of the
Chamber for interested parties. He then asked the Board members to reveal any ex-parte
communications they might have had with anyone appearing before the Board at this meeting.
Vice Chair Norem and Mr. Myott had both met with Bonnie Miskel on Sunshine Square and Casa
DelMar.
Board Attorney Spillias then swore in all who planned to speak during the Public Hearing portion
of the meeting.
Dick Hudson, contract employee, made a presentation on behalf of Planning & Zoning
Department staff. He explained that two recommendations had arisen from City and CRA
workshops regarding updates to the various redevelopment plans. Text and land use
amendments were before the board for consideration. They were meant to encourage mixed-
use land use on the Woolbright Corridor from the Florida East Coast Railroad to 1-95 and create
workforce-housing opportunities throughout the City. Staff recommended approval of the
proposed text amendments by the CRA, the Planning and Development Board, and the City
Commission. Staff found the amendments consistent with the City's adopted Comprehensive
Plan. If approved by the City Commission, they would be transmitted to the Florida Department
of Community Affairs (DCA) for their review.
The first text amendment was to allow the City to substitute a section of Woolbright Road
between the Florida East Coast Railroad right-of-way and 1-95 as one of the primary target area
overlays, so they could do a corridor study there. The second amendment was a delineation of
the future land use categories on the future land use map. They felt Special High Density
Residential was an ideal mechanism to use in Area 1 and Area 5 and elsewhere in the City if it
provided the City with some affordable housing.
Ms. Horenburger spoke to some property owners along Woolbright Road, especially the Farm
Store people. She wondered when the change was made from Golf Road to Woolbright. Mr.
Hudson responded there was very little that could be redeveloped along Golf Road. Ms.
4
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
June 13, 2006
Horenburger asked with eminent domain gonel what expectation could they have for these
kinds of properties to turn over if the property owners did not want them to. Mr. Hudson said
they had not seen eminent domain used in any of the categories. Ms. Horenburger was curious
because there was a single-family neighborhood to the north of this. This was a neighborhood
where younger people were moving in and she wondered what impact a mixed use
development would have on that single family neighborhood. Mr. Hudson did not think this
would affect them any more than the changes they were proposing on Boynton Beach
Boulevard. He acknowledged the property was very narrowl saying there would be a lesser
height immediately adjacent to the single family homes.
Mr. Sims asked if there were similar plans for any other areas in the CRA and Mr. Hudson
indicated there were no plans at the moment.
Chair Tillman asked if the Corridor Study would include information showing the impact of
development to the west of the Florida East Coast Railroad tracks. Mr. Hudson mentioned the
revisions to the Federal Highway Corridor Plan would give consideration to this.
Motion
Ms. Heavilin moved to approve the request to amend the Future Land Use Element policies
1.9.5 and 1.16.1 of the City of Boynton Beach Comprehensive Plan as presented by staff. Vice
Chair Norem seconded the motion.
Chair Tillman opened the floor for public comment.
Flynn Holland, resident of Boynton Beachl knew Woolbright was not in the CRA areal but
she had yet to see a traffic study for any of the development going on. She had not found
information on any traffic study. She asked how they could develop Woolbright Road without
taking the big development at Woolbright and Federal Highway into account. Mr. Hudson
responded each development that came in was required to present the City with a traffic studYI
which could be accessed in the files of the Planning and Zoning Department. She mentioned
there was no way for the kids from the single-family residential area across the street from
Little League Park to get across Woolbright safely.
Hearing no further requests to speakl Chair Tillman closed the floor for public comment.
The motion passed 7-0.
B. Sunshine Square Land Use Amendment/Rezoning
Descri ption:
Sunshine Square (LUAR 06-016)
Ruden MccloskYI Bonnie Miskell Esq'l and
Kim Glas-Castrol AICP
Sunshine Square CRPI LLC
Southwest corner of Woolbright Road and
South Federal Highway
Request to amend the Comprehensive Plan
Future Land Use Map from Local Retail
Commercial (LRC) to Mixed Use (MX); and
1.
Project:
Agent:
Owner:
Location:
5
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 27, 2006
Mike Rumpf, Planning and Zoning Director, reported the items previously heard by the Planning
and Development Board were heard at the June 20th City Commission meeting. The time
extension for the Muvico Theater project at the Boynton Beach Mall, and Fosters Mill master
plan modification for setback changes were approved. The land use amendments and rezoning
for the Aspen Glen projects were approved. The conditional use, height exception, and new
site plan for the Pylon Interstate Plaza was approved. The annexation, land use amendment
and rezoning for Lake Trail Estates at the south end of the City along 1-95 were approved with
two conditions of approval. Those conditions required the lease for the billboard not be
extended and the billboard be removed upon expiration of the lease. The Forest Hill, Lot 3
variance and setback item were tabled for staff to research whether there was enough land for
a driveway construction.
Chair Wische addressed the audience and directed all individuals intending to speak, to stand
and be sworn in. Attorney Tolces administered the oath to all persons who would be testifying.
VI. Old Business
None.
VII. New Business
Additional Item
Comprehensive Plan Policies 1.9.5 and 1.16.1
Cycle 2-2006 Amendments
Comorehensive Plan Text Amendment
1.
Project:
Comprehensive Plan Policies 1.9.5 and 1.16.1
Cycle 2-2006 Amendments
City-initiated
Request to amend Future Land Use Element
Policies 1.9.5 and 1.16.1 of the City of Boynton
Beach Comprehensive Plan.
Owner:
Description:
Mr. Doug Hutchinson, contracted employee for the City was present and explained text
amendments to the Comprehensive Plan are considered large-scale amendments. He explained
there are only two transmittal periods, per year, for any submissions to be made. He clarified
this is cycle number two for this year. He explained large-scale amendments are transmitted to
the Department of Community Affairs (DCA) for review. DCA returns their comments to the
City. If DCA has any objections, they would also be indicated. The City can then adopt the
changes.
Mr. Hutchinson explained the request for the two sets of amendments involved the Future Land
Use amendments, which pertained to the redevelopment efforts of Boynton Beach. He clarified
there were redevelopment areas in the City that were not governed by the Community
Redevelopment Agency (CRA). One amendment to the policies would allow a corridor study on
a portion of Woolbright Road between the Florida East Coast (FEC) railroad tracks and 1-95 to
take place. Mr. Hutchinson advised the north side had been problematic for some time, and
2
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 27, 2006
they had been trying to determine how to improve development opportunities in the area
without impacting the single-family residential neighborhoods to the immediate north. The
request would provide an opportunity to study the issue. Mr. Hutchinson anticipated the
density in the area would probably be changed to the lowest intensity of mixed-use, or would
be allowed to have the lowest intensity of mixed-use upon the request of the property owners.
Specific regulations were being promulgated for when properties abut single-family homes to
provide extra protections. Examples of those protections were increased setbacks for
commercial/mixed-use development along that area, restricting heights, and having step-up
areas when development abutted a residential neighborhood.
Mr. Hutchinson advised the second amendment was to Policy 1.16.1., which contained all of the
definitions of the land use categories found on the land use map. The definition of Special High
Density Residential reads, "It is restricted only to two areas in the City within the CRA." Those
areas were at the very north and south ends of the City and allowed for residential
development up to 20 units per acre. The City was considering workforce housing in other
sections of the City and Mr. Hutchinson explained a density bonus would be needed for an
incentive. Mr. Hutchinson advised goals would need to be set and he anticipated the
amendments would be adopted, and in final form, some time in late November or early
December. Mr. Hutchinson announced it was anticipated an Affordable Housing program would
be implemented within the City.
Mr. Hutchinson indicated the specific changes were reflected in the staff report. Ms. Jaskiewicz
noted this item applied to areas outside the Federal Highway corridor. She asked if there was a
specific reason why. Mr. Hutchinson explained the CRA had a Federal Highway Corridor
Redevelopment Plan to spark redevelopment in the corridor. He clarified the concept now was
not to restrict the density to only that corridor since workforce housing could be implemented in
other areas of the City. He emphasized, however, the density should only be used for
workforce housing purposes. Mr. Hutchinson also confirmed for Ms. Jaskiewicz that if another
piece of property became available on the corridor it would not be excluded. Ms. Jaskiewicz
noted an area on Golf Road, between US 1 and Sea crest was no longer considered a primary
commercial target area. Mr. Hutchinson responded the north side of the road was rapidly
developing. He repeated it was thought studying the Woolbright Corridor would be more
important since it was outside the CRA area.
Chair Wische opened the floor for public comments. There were no comments received. Chair
Wische closed the floor for public comments.
Mr. Cwynar spoke about Woolbright Road from the FEC tracks to 1-95 and noted there was a
water treatment plant, a cemetery, the Little League Field on the south side and on the north
side there was a 7-11 store, a small produce market and a few other small businesses. He
indicated there was not much available property. Mr. Hutchinson responded there was
redevelopment potential for all of those properties. For the property between the small
produce market and 1-95, there were a number of requests over the last three years to take
over the residential units and change them to commercial use. He clarified they did not have
an organized plan for them and the corridor study was to determine the feasibility to continue
commercial development. The language in the comprehensive plan read the land could convert
but it would need a large amount of land to develop. He clarified the requests they had
3
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 27,2006
received were spotty requests and they would like to develop land in a logical progression from
the existing commercial to the west. He also added he did not believe they had enough C-1, C-
2 and C-3 regulations to protect the abutting single-family residential areas. They would like
extra measures there.
Chair Wische indicated a public hearing was held on this item by the CRA on June 13, 2006 and
noted the request entailed lands that would be voted upon by the Planning and Development
Board. He stressed the item was added to the agenda one day prior to the meeting. He
advised this was a very large-scale amendment, for which there was no public hearing, and the
board was expected to take action on it at the meeting. He thought it was a big push.
Mr. Casaine announced he was in favor of a redevelopment concept. He indicated there was a
lot of land involved with the item and he was pleased to see it being considered for
redevelopment. He commented, however, he thought there was a problem with population
density. More specifically, the amount of high or medium density compared to commercial
retail that was needed. He thought staff should offer a workshop for the board, giving as
complete a description as possible of what the intent of the item was and what was being
considered for redevelopment so the board could be oriented. He further announced, as far as
the amendments were concerned, he would like to make a motion that the item be tabled and
have staff offer a workshop or a special meeting providing the board an orientation about
what it is they were looking at that could be appropriate for retail, commercial, industrial, etc.
that could benefit the City of Boynton Beach.
Ms. Jaskiewicz requested confirmation the item was to provide an opportunity to study the issue
and not implement any changes. Mr. Hutchinson confirmed her understanding was correct.
Motion
Ms. Casaine moved the additional item on the Comprehensive Plan Policy 1.9.5 and 1.16.1 Cycle
2-2006 of the Comprehensive Plan Text Amendments be tabled until they can have a clearer
orientation or workshop before the board actually votes on it. Vice Chair Hay seconded the
motion.
Vote
The secretary called the roll. Motion passed 6-1. (Ms. Jaskiewicz dissenting.)
A. Sonic Restaurant
Conditional Use
1.
Project:
Agent:
Owner:
Description:
Sonic Restaurant (COUS 06-002)
Jon E. Schmidt, Jon E. Schmidt & Associates
Winchester, Winchester, Zeiher & Schroeder, FL. GP
Request for Conditional Use/New Site Plan approval
for the 1,674 square foot fast good drive-in
restaurant and related site improvements on a 1.70-
acre parcel in a C-3 zoning district
4
[\1':'~""
I ... "-
, . \
~\ . I::
0\..' It.;
/-,,,, . /'7'
, >'<'>
. ON '"
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VIII.-PUBlIC HEARING
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
D April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15,2006 (Noon)
D April 18, 2006 April 3,2006 (Noon) D June 20, 2006 June 5, 2006 (Noon) .-
'- ,-
.-.~; -...i
D May 2, 2006 April 17, 2006 (Noon) D July 5, 2006 June 1 9,2006 (Noon)
.-
D May 16, 2006 May 1,2006 (Noon) [8J July 18, 2006 July 3, 2006 (Noon)
J.'.,.'
,.
,>-_.--'"
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business (~") .---eLL;
.-.~'''': r -1'1
AGENDA ITEM [8J 0 >-'.) ",',-::;-.
Public Hearing Legal > .''''.i t ; I\.")-
~:--
D Bids D Unfinished Business
0 Announcement 0 Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the July 18,2006 City Commission Agenda under Public
Hearing. The Planning and Development Board, recommended that the subject request be approved on June 27, 2006.
For further details pertaining to the request, see attached Department Memorandum No, 06-121.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Sonic Restaurant (COUS 06-002)
Jon E. Schmidt, Jon E. Schmidt & Associates
Winchester, Winchester, Zeiher & Schroeder, FL. GP
Winchester Park Boulevard at Boynton Commons Plaza
Request for Conditional Use / New Site Plan approval for a 1,674 square foot fast food
drive-in restaurant and related site improvements on a 1.70-acre parcel in a C-3 zoning
district.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: ,4J! n :~
DevelOpm~irector
A.tJ~
Planning and g DIrector CIty Attorney / Fmance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Sonic\Agenda Item Request Sonic Drive-in Rest. COUS 06-002 7-18-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-121
FROM:
Chair and Members
Planning & Development Board
Michael RU~~
Director of Planning and Zoning
Ed Breese ~
Principal Planner
TO:
THRU:
DATE:
June 2, 2006
PROJECT:
Sonic Drive-in Restaurant / COUS 06-002
REQUEST:
Conditional Use approval for a drive-in restaurant
PROJECT DESCRIPTION
Property Owner: Winchester, Winchester, Zeiher & Schroeder, FL GP
Applicant/Agent: Mr. Jon E. Schmidt of Jon E. Schmidt & Associates
Location: East side of Winchester Park Boulevard between Boynton Beach Boulevard
and Old Boynton Road (see Exhibit "A" - Location Map)
Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3)
Proposed Land Use/Zoning: No change proposed
Proposed Use:
Fast food drive-in restaurant
Acreage:
74,052 square feet (1.7 acres)
Adjacent Uses:
North:
Vacant commercial parcel, then ingress/egress drive for Boynton Commons
Shopping Center and developed commercial, zoned Planned Commercial
Development (PCD) and farther north is right-of-way of Old Boynton Road;
South:
ABC Fine Wines, zoned Community Commercial (C-3) and farther south
right-of-way of Boynton Beach Boulevard;
East:
Boynton Commons Shopping Center, zoned Planned Commercial
Development (PCD) and farther east right-of-way of Congress Avenue; and
West:
Right-of-way of Winchester Park Boulevard and farther west Wal-Mart
Supercenter, zoned Community Commercial (C-3).
Sonic - COUS 06-002
Page 2
Memorandum No. PZ 06-121
BACKGROUND
Mr. Jon E. Schmidt, agent, is requesting Conditional Use / New Site Plan approval for a 1,674 square foot
fast-food drive-in restaurant. The subject parcel is vacant and located on east side of Winchester Park
Boulevard between Boynton Beach Boulevard and Old Boynton Road, abutting the Boynton Commons
shopping center. The parcel is one of two vacant parcels with a C-3 zoning designation located between
the developed ABC Fine Wines property and the ingress/egress drive for Boynton Commons. The second
vacant parcel (immediately north of the proposed Sonic) is denoted as future development on the plans.
A fast-food restaurant is a permitted use in the C-3 zoning district, however having a drive-in design
component, the proposed Sonic Restaurant is required conditional use approval (see Exhibit "CIf -
Justification). The drive-in feature is a covered area on the north and south portion of the building.
Operationally, a car would enter one of the parking spaces under the canopy, an order for food would be
placed through a call bOX/individual menu board, and delivered for consumption within the car. This
restaurant concept is reminiscent of the drive-in restaurant facilities of the 1950's. Additionally, there are
ten (10) tables with seating for four (4) each, which facilitates outdoor dining under the canopy area, for
those who do not wish to dine in their vehicle.
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 standards.
The Planning and Development Board and City Commission shall consider only such conditional uses as
are authorized under the terms of these zoning regulations and, in connection therewith, may grant
conditional uses absolutely or 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 Sonic project would provide a one-way entrance drive off of Winchester Park Boulevard to
facilitate the one-way traffic circulation pattern around the building. A second point of ingress, as
well as the only point of egress is located on the existing driveway connection on Winchester Park
Sonic - COUS 06-002
Page 3
Memorandum No. PZ 06-121
Boulevard for Boynton Commons shopping center. The subject parcel's secondary means of ingress
and sole egress point is proposed to cross the vacant commercial lot to the north, through a
recorded cross-access agreement. Any future project on this adjacent lot will undoubtedly utilize this
same driveway. An agreement already exists between these two vacant parcels and the shopping
center for the utilization of their driveway connection with Winchester Park Boulevard.
2. Off-street parking and loading areas where required, with particular attention to the items in
subsection above, and the economic, glare, noise, and odor effects the conditional use will have on
adjacent and nearby properties, and the city as a whole.
Required parking for restaurants is based upon the ratio of either one (1) parking space per 2.5
seats or one (1) parking space per 100 square feet of gross floor area, whichever is more stringent.
The site plan (sheet SP-l) shows that 40 outdoor dining seats are proposed. As such, the proposed
restaurant would require a total of 16 parking spaces. Secondly, the size of the building is 1,674
square feet, which would require a total of 17 parking spaces. Therefore, the larger number of
required spaces (17) would be required. There are a total of 34 parking spaces provided, 26 of which
are under canopy with the option of being served in your vehicle. Parking areas would be located on
the north, south and west sides of the building. Vehicular circulation would be maintained
throughout the entire lot in a one-way pattern. The proposed loading zone would be located on the
east side of the building. The proposed business and associated site improvements should operate in
a manner similar to the surrounding commercial uses and have little if any adverse effect on
neighboring properties.
3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above.
The dumpster enclosures would be located at the southeast corner of the lot. The refuse and service
area would be located such that it would be unobtrusive to pedestrian and vehicular traffic and least
noticeable from Winchester Park Boulevard. The dumpster location is positioned in such a way to
facilitate efficient removal of trash.
4. Utilities, with reference to locations, availability, and compatibility.
Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water
and sanitary sewer are available for this project.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
The landscape plan (sheet LP-l) shows the utilization of the type of landscape material already
existing along the buffer areas of Boynton Commons, including Live Oak trees, Sabal Palm trees and
Cocoplum shrub material, and the use of a water source other than potable water. The applicant has
met all of the minimum landscaping requirements and has actually decreased the spacing between
trees to assist in the screening of this primarily outdoor operation. Additionally, the applicant has also
provided the necessary landscaping of the cross-access drive across the second vacant parcel to
Sonic's point of egress on the Boynton Commons entrance drive from Winchester Park Boulevard,
through the use of Live Oak trees and Cocoplum hedges lining each side of the drive aisle.
Sonic - COUS 06-002
Page 4
Memorandum No. PZ 06-121
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
This conditional use application proposes one (1) wall sign for the Sonic Restaurant. The wall sign is
proposed on the front (west) side of the building. On the elevations (Sheet A2) the sign, when
scaled, appears to be approximately four (4) feet high and eight (8) feet in length. The colors as
shown on the elevations, are Sonic~ prototypical, nationally recognized trademark colors and design.
The sign displays the "Sonic Red" lettering, on the "Sonic Yellow" background, accompanied by the
"Sonic Blue" accent. The wall signage area would easily comply with Chapter 21, Article ~ Section
3.C of the Land Development Regulations.
The applicant is also proposing one (1) monument sign to be located in the northwest comer of the
parcel, placed ten (10) feet from the west property line. This freestanding monument sign is
proposed to be masonry construction with a stucco finish, painted two-tone to match the building
(SW 7119 - "Venetian Lace" and SW 6127 - "Ivoire"). The monument as proposed is approximately
eight (8) feet tall by eleven (11) feet in width.
The applicant proposes the use of 20 foot tall parking lot lighting fixtures similar to those existing in
parking areas of the surrounding commercial projects. Even though there are no residential
structures in the immediate vicinity of this project, staff recommends the light fixture detail depict
the type of baffling/shielding proposed to ensure there is no light spillage onto adjacent properties
and that the lighting element itself not be visible from those adjacent properties. (see Exhibit ''D'' _
Conditions of Approval).
7. Required setbacks and other open spaces.
The proposed building would meet all setback requirements of the C-3 zoning district, with the front
canopy of the building being setback 77 feet from Winchester Park Boulevard, side setbacks of 31
and 44 feet and a rear setback of 58 feet.
8. General compatibility with adjacent property and other property in the zoning district.
In general, the proposed use is compatible with the commercial uses of the existing shopping center
and the C-3 zoning district There would be minimal off-site impact and no adverse effects would
occur from the fast-food restaurant use. The proposed building, colors (soft earth tones) and roof
material (barrel tile in a soft earth tone palette) are compatible with the existing buildings in the
shopping center and other surrounding commercial parcels.
9. Height of building and structures, with reference to compatibility and harmony to adjacent and
nearby properties, and the city as a whole.
The maximum allowable height for the C-3 zoning district is 45 feet The building is designed as a
one-story structure. The top of the principal parapet wall would be approximately 15 feet tall, as will
the barrel tile roofed canopies over the drive-in parking spaces. The highest portion of the parapet
wall is proposed at 20 feet - 4 inches, according to Sheet A2. The building height and characteristics
are compatible with the surrounding built environment, including the use of earth tone barrel tile roof
Sonic - CO US 06-002
Page 5
Memorandum No. PZ 06-121
material and light earth tone building colors and texture. These building characteristics will provide
the appearance of harmony with ABC Fine Wines and Boynton Commons and other surrounding
development.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
The proposed fast-food restaurant would constitute additional convenience and choice for the City
residents. With its close proximity to neighboring commercial development, it makes the proposed
site an ideal location for this type of use. This store would represent the only Sonic currently in the
entire county.
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 fast-
food restaurant would operate in a manner that is in compliance with the above-referenced codes
and ordinances of the City of Boynton Beach.
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 / New Site Plan be
approved subject to satisfying all conditions of approval as contained in Exhibit "Off - 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 for obtaining a permit.
s: \Planning\Shared\ Wp\Projects\Sonic\Staff Report.doc
...
1 n. = 117.2 r :et
- _.
Sonic Exhibit A
~Q
UfJHH f}
lI[t.,",
11'[ d r
I i'l!",
fl,lli!!
t [~~dall
si'~fJr
il;:! r
hflHI
Ii ..r~ 11
(IE[J I
_I . fr.
!f,f{J~
l.bh
~ii
f.
",,0
o
a
iii.
-;ill
~
Ii
Ii
IJ
C/1
~
I
1-4
l'tIOO
...- ....
get
g,
-
li~ H; ~ ~ I i ~
0
II ; r: fi i Ilml g.
!iI u il ~ ;~, p~ "
IX I! 15 ~l II i
'8 f
:~ I ~I ~ "
ii . .
~~ JI . .
Ii "
5 t~ . .
. . .
EXHIBIT B
nm ij~H!! fllll-Ilf: iU J HIff!j ~ ~
11m !Iil'f rf f,ff if I t IJI~fi ~ ....
-If r f r f f ""
i! . .~. -" II &
,. 5 ro' ~ Il
~ r ~ ~~ ~ ~ ~ --
: - 'f~ ~ I]
~ in f
~. ~ 0; '. HUI,e
___.Q e.~f~a ~ i iie ~ I (nul n~
~
~
< 3
m m
fJ ~
~= .-.-;r. 21
lIJi _ 1IJ0j ----
-- -;i--~-U-- - -i..q--i.f--.wJ~Q!:i;~~ E R ....
====-==- __~ u --~-i-j--~ i~ ~~~~_B_L_V~~~~-_- ~ -..;------
~ "\. - --------
\
\
\
\
I
\
\
\
\
\
\
\
\
\
\
\
,
\
~ \
4 ..-"'~________...
&,------ .-
+ \
..
()~
CD 0
:J'O
-'0
CD -.
.., :J
<0
Sonic
Boynton Beach
City of Boynton Beach, Florida
!l!52W
'ga"
r'
"
-<
0 ~'" VI-<
~~[ -<0 ".~
~ ..
2.. ~ ~ c ..
~'" "'" :;r'"
'" ~ ~ - - I
~ r .. -
-0 ".~
8~ ~ .. I'
~ c ..
.,.,
~ .. 0 ~~
;"'0
~ 0
"0 1>
~ 0
VI '"
0 ,.
"0 0
0
..
"
'"
'"
0
'"
'"
'" '" ..
.....'" .....- -"
0..... <0 0'" C
,-
..
c.
-
~ ~
'" ~ -oS ~
.....'"
0..... <0 O(J)~ UI
;',:l.,
o
~
'"
o
>>
!l.
..
.0
c
;;
..
c.
3
o
!i
11.
iii
~
2-
~
o
..,
g-
o.
o
~!:
Pi
IJ
3:>'> I-J
!" ~!~ f
:.Jt;c:;z 3,,=:
_lJ'~g.fl~. h[
>0 ~.~ ~o~
.., :J .., _Oct
~o. ~~_ ~3:-;
it CD .... :;) t7 !' 5"-< f
" '< ,r .,.
-_a.....
.- CI :7:;' C 0
(10 (I 0
~...a.; 3:
nO CI -. 0
g;g-i~g -~
:J ~ ~'__ _0
".-
~~~g'i ~~
. '-+.0 r- '" .
-u"< (i"g '" ~
00,",0. ~~
< - '"
~ ~~~ '" 0
c =
::) (I (I (t !!!.-'
-< ~ "
?~~~ ",-"
c
~'CI =~ ~~.
. i a-'U;' 00
otlCl:r
.g~g~ "'0
00
i~ ~ ~ 2
"0
C
3
EXHIBIT B
-rB - -..- D
Ii ~I~~f ~ ~ U 000~000f:2
II ~ it' · I .. F'. t · If a.
,C i:C · I l ~ . , ! . . . . . . . . ~
II = = ! ! = = = ~
i II Ii '11111 ",IJ' ~ ~" 'I....
;;afll I" rf~II'
Q. I I . f
f f f
~ 'i ~ if ~ ~ ~ ;; ;;1 '.1 ; ~ ;;1 ;;1 ;;1 if
~"'t(J\~~ ".. I .......J
Ii!: r:f ~., "r"J"JI~U"'~I5"f
Itr ~ . / ~ ~ ~ f~ f~ ~~ ~ r:, fij
I ~ ~ ~ ~ ~" il illlt 'I il il if
Ii i i ~ ~ ~ I I 'f I I I t
D) OJ
g ~
~~ a -= ___-;_ ~_____
-----~i-- cft-~lm.q-1T".! -_l'VJt:!~!1~~!.E R ...
.=a- I!: -+ i .. I~PARK BLVIJ.---------____
~5r--- ---- ~-- .::i~----- ...
~i"'\. - i i --------------
-,-...-...
_ ~)_ _ 129.ox-~
, /Ao.........------
"'''"1 -----
&>...
--it!
2-
-.
\
\
\
\
I
\
I
\
\
I
\
I
\
I
I
I
\
I
\
I
\
,
\
\
\
\
\
\
OC/)m
::Tx
o _.
'O~
'0 -.
--::J
::Jeo
eo
.
------------- ---~ ~
\
I
..L
co~-
. I
1 -f\
~~
'(Jl
i'ii
~
m
(Jl
m
()
'--i
J
~
L_~
~
..L
~~
l~ ~lli.
~ I II!
~ I
~
~
qJ
~m
. ~~
..=
~
Co\)
~8
'r
~
()
()
-ri\
j\J
~
..-.
EXHIBIT B
"']
I!
I~
~
(Jl
i'ii
j\J
(Jl
m
(Jl
m
()
--i
~
i
I
( j~EJ
'1 !
~
1,0' I ~i ..------
~Q
'I
.
p -
( EJ
LJ
I aU
o '.
~iR '
;)> ~
'lj\J. - ',," :'.~
m", .
r
m.
'<'
)>
::! (j) 0
~
.
..L
01
...~ I !,!; ~ ,~.;
, ,~ '111 ~~ (!):
. ~ i.1I ~~
F i--i
m
r
m
'<
T- -,)>
I l-i
: : 5
:z
[J: j
r
()
~
::j
c
CJ
Z
)>
r
(Jl
m
()
-i
~
~B ij
~ ~ e
~i
~Q
'I
~e
/
I
I !
. I
i .
~/
-;
/
/
8
6
:0
m
r-
m
~~
~~
n-
~~ 0
",-0 Z
N -< V\
VI Z )>
;;).....
~o Z
0\ Z 0
ms:
~O
::I:Z
C
s:
m
Z
-i
V\
G)
Z
r-
,
I
I
I
I
I
L_
II
I"
it
~
u
i
}I II
i
II
i
EXHIBIT B
JUSTIFICATION FOR CONDITIONAL USE
EXHIBIT C
SONIC, BOYNTON BEACH
Rev May 23, 2006
D. STANDARDS FOR EVALUATING CONDmONS USES. The planning and development
board and City Commission shall consider only such conditional uses as are authorized under
the terms of these zoning regulations and, in connection therewith, may grant conditional
uses absolutely or conditioned upon the faithful adherence to and fulfillment of such
restrictions and 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, 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 fmdings
certifying that satisfactory provision has been made concerning the following standards,
where applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with particular
reference to antomobile and pedestrian safety and convenience, traffic flow and control
and access in case of fire or catastrophe.
Ingress is available from a main entry located off Winchester Park Blvd. and a secondary
ingress and egress to the adjacent shopping center to the north. Vehicular circulation is
separated from pedestrian circulation and access to emergency vehicles is available to
all sides of the building.
2. Off-street parking an~ loading areas where required, with particular attention to the items
in subsection D.l. 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.
Off street parking requirements are exceeded in the proposed design and allow for safe
and efficient access. The property is located within the middle of numerous commercial
developments and development will have no negative impact on surrounding properties.
3. Refuse and service areas, with particular reference to the items in subsection 0.1. and
D.2. above.
Refuse containers are located to the rear of the property and are located out of the path
of the main circulation system. Adequate room for truck maneuvering is provided.
4. Utilities, with reference to locations, availability and compatibility.
As stated above, this development is located adjacent to multiple existing commercial
developments. All utilities are located directly adjacent to the site and will not cause any
additional public infrastructure improvements.
5. Screening, buffering and landscaping with reference to type, dimensions and character.
The proposed buffering and landscape exceeds the current land development code and is
designed to be in character with the existing developments by incorporating like
materials and design standards.
Justification
Sonic Boynton Beach
Page 2 of 3
6. Signs and proposed exterior lighting with reference to glare, traffic safety, economic
effect and compatibility and harmony with adjacent and nearby properties.
Only one monument sign is proposed for the property frontage on Winchester Park Blvd.
The lighting and development of this property is a compatible commercial use and will
work in harmony with the surrounding development.
7. Required setbacks and other open spaces.
The proposed site layout exceeds all required setbacks and open space requirements.
8. General compatibility with adjacent properties and other property in the zoning district.
The proposed development is a compatible commercial use and can only compliment the
adjacent properties of the area.
9. Height of buildings and structures with reference to compatibility and harmony to
adjacent and nearby properties and the city as a whole.
The proposed structure is one story and compatible with all adjacent structures.
10. Economic effects and adjacent and nearby properties and the city as a whole.
"Sonic ", a highly regarded national restaurant chain, is a very sought after dining
experience. This will draw patronage and can only effect nearby properties and the City
as a whole in a positive way by providing a high quality sales and service product for all
the area to benefit from.
11. Conformance to the standards and requirements which apply to site plans as set forth in
Chapter 4 of the City of Boynton Beach Land Development Regulations.
The proposed development is being submitted for review and conditional use approval
and will meet or exceed all Land Development requirements.
12. Compliance with and abatement of nuisances and hazards in accordance with the
performance standards, Section 4.N of Chapter 2; also conformance to the City of
Boynton Beach Noise Control Ordinance, Chapter 15, Section 15.8 of the Boynton Beach
Code of Ordinances.
No odors or fumes will be carried out of the area or be carried into any residential
district. No noise will be conducted on the site that would not be in compliance with
Chapter 15, Section 15.8.
Justification
Sonic Boynton Beach
Page 3 of 3
13. Required analysis. All conditional use applications for bars, nightclubs and similar
establishments shall include the following analysis:
a. Data on the sound emitting devices/equipment and the methods and materials to be
used to assure that the acoustic level of the City Code will be met.
NOT APPLICABLE
b. The analysis shall specify the authority and/or basis for determination of the acoustic
level of the sound emitting devices/equipment.
NOT APPLICABLE
c. The analysis of any sound retention, reduction or reflection shall include information
such as the nature, types and coefficients of sound absorbent and sound-reflecting
materials to be used, coatings of surfaces of ceilings, walls, windows and floors and
insulation to be used.
NOT APPLICABLE
d. It shall also verify that sound standards shall be met during the normal opening of
doors for people entering and exiting the establishment.
NOT APPLICABLE
EXHIBIT "D"
Conditions of Approval
Project name: Sonic
File number: COUS 06-002
Reference: 3rd review plans identified as a Conditional Use with a May 23, 2006 Planning & Zoning date stamp
k
mar mg.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments:
1. The proposed Laurel and Live Oaks adjacent to the dnmpster enclosure X
location present a vertical conflict for solid waste pickup. Relocate trees
away from the dumpster enclosure or specify an alternate species (such as
palms) to allow clear vertical movement for solid waste equipment.
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
2. Palm Beach County Health Department permits will be required for the X
water and sewer systems serving this project (CODE, Section 26-12).
3. 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 msurance underwriters,
whichever is greater (CODE, Section 26-16(b)).
4. Provide proposed and existing water and sanitary sewer main sizes for this X
plan submittal. As-built information may be obtained from the City of
Boynton Beach Utilities Dept. (561-742-6400).
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.
6. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X
water. As other sources are readily available City water shall not be allowed
for irrigation.
7. 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).
Conditions of Approval
2
I DEP ARTMENTS I INCLUDE I REJECT I
8. 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 pem1anent 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 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.
10. PVC material not permitted on the City's water system. All lines shall be X
DIP.
11. Appropriate backflow preventer(s) will be required on the domestic water X
service to the building, and the fire sprinkler line if there is one, in
accordance with the CODE, Section 26-207.
12. 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
ENGINEERING DIVISION
Comments:
13. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets. Correct all plans to match.
14. Please note that changes or revisions to these plans may generate additional X
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.
15. The plans indicate the storm sewer system ties into the existing drainage X
within the Winchester Park Blvd. right-of-way. Provide written verification
from the storm sewer system owner/maintainer that this is acceptable and
that the system has the capacity to accept the additional flows.
16. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate X
grate, rim and invert elevations for all structures. Indicate grade of storm
sewer segments. Indicate material specifications for storm sewer.
17. Full drainage plans, including drainage calculations, in accordance with the X
I DEPARTMENTS I INCLUDE I REJECT I
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
18. 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:
19. 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.
20. Indicate within the site data the occupancy type of the building as defined in X
2004 FBC, Chapter 3.
21. 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.
22. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
23. Identify within the site data the finish floor elevation (lowest floor elevation) X
that is proposed for the building. Verify that the proposed elevation is in
compliance with regulations of the code by adding specifications to the site
data that address the following issues:
A The design professional-of-record for the project shall add the following
text to the site data. "The proposed finish floor elevation _' _ NGVD is
above the highest 100-year base flood elevation applicable to the building
site, as determined by the SFWMD's surface water management
construction development regulations."
B From the FIRM map, identify in the site data the title of the flood zone
that the building is located within. Where applicable, specify the base flood
elevation. If there is no base flood elevation, indicate that on the plans.
C Identify the floor elevation that the design professional has established for
the building within the footprint of the building that is shown on the
drawings titled site plan, floor plan and paving/drainage (civil plans).
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
Conditions of Approval
4
I DEPARTMENTS I INCLUDE I REJECT I
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. 373.2 I 6.
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:
A The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
B The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
27. 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.
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. Canopy shall be designed to withstand 140 mph wind load per 2004 FBC, X
Chapter 16. Submit details for review.
PARKS AND RECREATION
Connnents: None X
FORESTER/ENVIRONMENTALIST
Comments:
31. Landscape Plans Sheets LP-l. LP-2 X
All shade and palm trees on the Plant list must be listed in the specifications
as a minimum of 12'-14' height, 3" diameter at DBH (4.5' off the ground),
and Florida #1 (Florida Grades and Standards manual). The height of the
trees may be larger than 12'-14' to meet the 3" diameter requirement.
[Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.]
32. The details section for the Shrub and Groundcover Planting Detail should X
include a line indicating where the height and spread of the plant will be
DEPARTMENTS INCLUDE REJECT
measured at time planting and inspection.
33. 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 building and parking
facility from the Winchester Park Boulevard road right-of-way.
34. 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:
35. This project will require a cross access agreement with the property to the X
north.
36. Clearly identify the site address at the top of the monument sign (Chapter X
21, Article IV, Section 2.B.).
37. The applicant is responsible for compliance with Ordinance 05-060, the X
"Art in Public Places" program and has demonstrated their participation
through the submittal of the Public Art Information Form. Associated Art
fees are due at time of permitting.
38. All signs must be located a minimum of ten (10) feet from any property line. X
39. Provide a detail of lighting fixture depicting the type of baffling/shielding X
proposed to ensure there is no light spillage onto adjacent properties and
that the lighting element itself is not visible from those adjacent properties.
40. If for any reason, potable water use becomes necessary, the use of drought X
tolerant plant species (per the South Florida Water Management District
Manual) shall be maximized and the irrigation system should have water
conservation designs (such as a drip system), where possible.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHAREDI WP\PROJECTS\Sonic\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Sonic
APPLICANT'S AGENT: Jon E. Schmidt & Associates
APPLICANT'S ADDRESS: 333 Southern Blvd. #200, West Palm Beach, FL 33405
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 18, 2006
TYPE OF RELIEF SOUGHT: Conditional Use / New Site Plan approval for a 1,674 square foot
fast-food drive-in restaurant.
LOCATION OF PROPERTY: East side of Winchester Park Boulevard between Boynton Beach
Boulevard and Old Boynton Road
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\SHARE D\WP\PROJ ECTS\Son ic\DO .doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 27,2006
received were spotty requests and they would like to develop land in a logical progression from
the existing commercial to the west. He also added he did not believe they had enough C-l, C-
2 and C-3 regulations to protect the abutting single-family residential areas. They would like
extra measures there.
Chair Wische indicated a public hearing was held on this item by the CRA on June 13, 2006 and
noted the request entailed lands that would be voted upon by the Planning and Development
Board. He stressed the item was added to the agenda one day prior to the meeting. He
advised this was a very large-scale amendment, for which there was no public hearing, and the
board was expected to take action on it at the meeting. He thought it was a big push.
Mr. Casaine announced he was in favor of a redevelopment concept. He indicated there was a
lot of land involved with the item and he was pleased to see it being considered for
redevelopment. He commented, however, he thought there was a problem with population
density. More specifically, the amount of high or medium density compared to commercial
retail that was needed. He thought staff should offer a workshop for the board, giving as
complete a description as possible of what the intent of the item was and what was being
considered for redevelopment so the board could be oriented. He further announced, as far as
the amendments were concerned, he would like to make a motion that the item be tabled and
have staff offer a workshop or a special meeting providing the board an orientation about
what it is they were looking at that could be appropriate for retail, commercial, industrial, etc.
that could benefit the City of Boynton Beach.
Ms. Jaskiewicz requested confirmation the item was to provide an opportunity to study the issue
and not implement any changes. Mr. Hutchinson confirmed her understanding was correct.
Motion
Ms. Casaine moved the additional item on the Comprehensive Plan Policy 1.9.5 and 1.16.1 Cycle
2-2006 of the Comprehensive Plan Text Amendments be tabled until they can have a clearer
orientation or workshop before the board actually votes on it. Vice Chair Hay seconded the
motion.
Vote
The secretary called the roll. Motion passed 6-1. (Ms. Jaskiewicz dissenting.)
A. Sonic Restaurant
Conditional Use
1.
Project:
Agent:
Owner:
Descri ption:
Sonic Restaurant (COUS 06-002)
Jon E. Schmidt, Jon E. Schmidt & Associates
Winchester, Winchester, Zeiher & Schroeder, FL. GP
Request for Conditional Use/New Site Plan approval
for the 1,674 square foot fast good drive-in
restaurant and related site improvements on a 1.70-
acre parcel in a C-3 zoning district
4
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 27,2006
Chair Wische announced the request is for a conditional use/new site plan approval for a 1,674
square foot, fast food drive-in restaurant and related site improvements on a 1.70-acre parcel in
a C-3 zoning district. The property is on Winchester Drive off Boynton Beach Boulevard. There is
an empty lot north of ABC Wine and Spirits store and about half the lot would be taken for the
project.
Chair Wische announced there were about 40 staff comments associated with the request. He
asked the applicant whether they agreed, disagreed, or needed any clarification of the comments.
Mr. Jon Schmidt, 2247 Palm Beach Lakes Boulevard, West Palm Beach, agent for the
project was present and agreed with all of the conditions. Mr. Schmidt also announced this will
be the first Sonic Restaurant in the tri-county area. Mr. Chris Bender, a partner in the project
was also present.
Mr. Ed Breese, Principal Planner for the City of Boynton Beach, reported the restaurant
would be located behind the Boynton Commons Center and was a drive-in restaurant where the
public parked under a canopy and would be served in the vehicle. There would be 10 tables with
four seats each. It was an outside eatery. Staff believed they had met the conditions and
recommended approval. Mr. Breese also complimented the applicants. He indicated the site was
difficult and they were diligent in bringing the project forward.
Chair Wische opened the floor for public comments. There were no comments received and
Chair Wische closed the floor for public comments.
Ms. Jaskiewicz inquired about the menu, hours of operation and exterior restrooms.
Mr. Chris Bender, 8496 York Road, Wellington, explained Sonic is an old-fashioned A&W
root beer styled establishment, serving hamburgers. The establishment would be open 24 hours
a day. There was a brief discussion about locking the outside restrooms. Mr. Bender explained
there is a door going into the restrooms separating the male and female restrooms that would be
locked.
Mr. Bender complimented staff and indicated they were very helpful with the project.
Motion
My Cwynar moved to approve the request for conditional use/new site plan approval for 1,674
square foot fast food, drive-in restaurant and related site improvements on a 1.70-acre parcel in
a C-3 zoning district with all staff comments. Mr. Baldwin seconded the motion that unanimously
passed.
B. Meadows PUD
Master Plan Modification
1.
Project:
Agent:
Applicant:
Meadows PUD (MPMD 05-013)
Steven L. Cohen & Associates, P .A.
Boynton Meadows, LLC
5
VIII.-PUBLIC HEARING
ITEM C.
["\'~""
l .'. \
ml .. l:r
'0\ .. ..// t;
J.." . \('
~-- -~.'
< ON v
CITY OF BOYNTON BEAC]
AGENDA ITEM REQUEST FO.h...._
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office ' -
D April 4, 2006
D April 18,2006
D May 2, 2006
D 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) [8J July 18,2006
May] 5, 2006 (Noon)
June 5, 2006 (Noon) i"'.J
~.~.~
June J 9,2006 (Noon)
(' ,)
July 3, 2006 (Noon)
,-.")
"--:..)
D Development Plans
D New Business
D Legal
D Unfinished Business
D Presentation
NATURE OF
AGENDA ITEM
D Administrative
D Consent Agenda
[8J Public Hearing
D Bids
D Announcement
D City Manager's Report
RECOMMENDATION: Please place this request on the July 18,2006 City Commission Agenda under Public
Hearing. The Planning and Development Board, recommended that the subject request be approved on June 27, 2006.
For further details pertaining to the request, see attached Department Memorandum No. 06-125.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
. -1 ".,
i......l
-r;
-
-i~';
"".L:.
-'~..!CG
~_:~ rr;
~ .:"""......
.'.1.'..
o
RBC Centura Bank (NWSP 06-016)
Joseph Marzi, P.E., and Russell Morrison, P.E., of Kimley Horn & Associates, Inc.
1950 Congress Avenue, LLC
Approximately 260 feet north of the northeast comer of Old Boynton Road and Congress
A venue
Request for New Site Plan approva( for a 3,920 square foot bank and related site
improvements on out lot #2 of The Boynton Town Center site.
DESCRIPTION:
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES:i/WJ;p
Developi?'nt Department Director
~.;
~tJ? ~
Planning and Zo&g Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\RBC Centura\Agenda Item Request RCB Centura Bank NWSP 06-016 7-18-06.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 06-125
STAFF REPORT
Chair and Members of the Planning and Development Board
and City Commission
Michael Rump~~
Planning and Zoning Director
Ed Breese ha.
Principal Planner
June 8, 2006
RBC Centura Bank / NWSP 06-016
New Site Plan
Property Owner:
Agent/ Applicant:
Location:
PROJECT DESCRIPTION
1950 Congress Avenue, LLC
Joseph Marzi & Russell Morrison of Kimley-Horn & Associates
Approximately 260 feet north of northeast corner of Old Boynton
Road and Congress Avenue (see Exhibit "A" - Location Map)
Existing Land Use/Zoning:
Local Retail Commercial (LRC)/Community Commercial (C-3)
Proposed Land Use/Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
East:
West:
No change
Request new site plan approval to construct a 3,920 square foot
Bank on Outlot #2 of the approved Boynton Town Center project
38,463.48 square feet (0.883-acres)
Undeveloped outlot #3 of Boynton Town Center with a Local Retail Commercial
(LRC) land use designation, zoned Community Commercial (C-3);
Undeveloped outlot #1 of Boynton Town Center with a Local Retail Commercial
(LRC) land use designation, zoned Planned Commercial Development (PCD);
Undeveloped commercial property (proposed Target site) with a Local Retail
Commercial (LRC) land use designation, zoned Community Commercial (C-3); and
Right-of-way for Congress Avenue, farther west is developed commercial (Longhorn
Steakhouse & Hops Restaurant) with a Local Retail Commercial (LRC) land use
designation, zoned Community Commercial (C-3); and
Staff Report - RBC Centura Bank (NWSP 06-016)
Memorandum No PZ 06-125
Page 2
Site Characteristic: According to the survey, the subject site is currently vacant, and approximately 200
feet deep and 180 feet wide. The subject parcel is one of the outlots associated
with The Boynton Town Center (Outlot #2). It is the second parcel along Congress
Avenue north of Old Boynton Road, fronting the proposed Target building.
Proposal:
Concurrency:
Traffic:
Utilities:
BACKGROUND
Joseph Marzi and Russell Morrison of Kimley-Horn and Associates, representing
1950 Congress Avenue, LLC, are requesting site plan approval for the construction
of a 3,920 square foot bank on the 0.883-acre parcel. Outlot #2 is one of four (4)
parcels fronting on Congress Avenue with Community Commercial (C-3) zoning as
part of the approximately 25-acre site located at the NE corner of Congress Avenue
and Old Boynton Road. The overall site plan for Boynton Town Center was
approved by the City Commission on September 20, 2005, and while it depicted the
outlots, the in-depth detail for each of the parcels was to be provided in the
submittal of separate site plan applications for each. As such, RBC Centura Bank is
the first of the lots to submit for review.
ANALYSIS
A traffic statement for the entire Boynton Town Center and Village project 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 February 1, 2005 , Palm Beach
County Traffic Division determined that the project meets the Traffic Performance
Standards, with conditions limiting the number of new PM peak hour external trips
that could be generated by any new construction and linking them to required
roadway improvements. Therefore, a monitoring matrix has been created between
the City and the master developer's traffic engineer to assist in the issuance of
building permits for the various phases, to ensure compliance with the overall
development order. Additionally, a CRALLS (Constrained Roadway At Lower Level
of Service) designation for various roadway linkages was adopted by Palm Beach
County which recognized the difficulty of certain intersection improvements (Le.
additional turn lanes for certain turning movements at Old Boynton Road and
Congress Avenue). As stated earlier, construction of this component of the project
may only proceed with the initiation of the necessary road improvements noted in
the Boynton Village & Town Center development order(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. 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. The applicant
Staff Report - RBC Centura Bank (NWSP 06-016)
Memorandum No PZ 06-125
Page 3
has already paid the capacity reservation fee for the entire master development.
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 (see Exhibit "C" - Conditions of Approval).
School: School concurrency is not required for this type of project.
Driveways: The site plan (Sheet C3) shows that two (2) points of ingress/egress are proposed
for the bank outlot. One driveway opening would occur at the northeast corner of
the parcel, which would connect with one of the major east/west entrances from
Congress Avenue for the Boynton Town Center project. A second point of
ingress/egress is proposed at the southwest corner of the parcel, and serves as a
cross-access drive with Outlot # 1 to the south.
Parking Facility: In the review of the master development for Boynton Town Center, parking was
calculated on the basis of a shopping center, due to the nature of the mixture of
uses proposed. According to the Land Development Regulations, shopping centers
require one (1) parking space per 200 square feet of gross floor area. The site plan
(Sheet C3) proposes a 3,920 square foot bank, which would require 20 parking
spaces. The site plan depicts 24 parking spaces, including two (2) designated for
handicap use. Therefore, there would be four (4) excess parking spaces provided.
The master developer also entered into cross-access and cross-parking agreements,
which provides for overflow parking in times of need.
All spaces, excluding the handicap spaces, would be dimensioned ten (10) feet 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.
Landscaping:
The proposed open space or "pervious" area would be 9,060 square feet or
23.56% of the total outlot. The master plan for the entire Boynton Town Center
was approved with a 25 foot landscape buffer along the west (Congress Avenue)
side of the project and included Live Oak and Mahogany trees, Royal Palm trees,
Cocoplum and Plumbago shrubs, among others. This 25 foot landscape buffer is
the master developer's responsibility for installation and maintenance, along with
various other site improvements, such as sidewalks and roadways. As such, no
Certificate of Occupancy (CO.) will be issued for RBC Centura Bank without the
installation and final inspection of these common improvements (see Exhibit "C" -
Conditions of Approval). The other three (3) buffers are also scheduled to be part
of the master planting for the site and include Live Oak, Mahogany, Pink Trumpet
and Ligustrum trees, along with Viburnum, Cocoplum and Silver Buttonwood
shrubs. According to the landscape plan (LA-1), the applicant proposes to
Staff Report - RBC Centura Bank (NWSP 06-016)
Memorandum No PZ 06-125
Page 4
landscape around the parking areas and building utilizing live Oak, Pink Trumpet
and Tibouchina trees, Pygmy Date palms as accents, and Cocoplum, Ixora, Indian
Hawthorne and Jasmine shrubs/groundcovers. Staff recommends the amount and
density of plant material along the east landscape buffer be increased to help
shield/screen the drive-thru teller operation at the back of the bank building (see
Exhibit "CIf - Conditions of Approval). A non-potable water source will be required
for irrigation purposes.
Building and Site: The building and site design as proposed would generally meet code requirements
when staff comments are incorporated into the permit drawings. Architectural style,
building materials and colors for all buildings proposed within Boynton Town Center
were submitted and approved as part of the overall master plan. The RBC Centura
Bank is designed as a one (i)-story structure, with a taller lobby area with volume
ceilings. The elevations (sheet A2.0) indicate the ridge of the typical hip roof at 17
feet - 6 inches in height and 28 feet at the entry/lobby, well below the maximum
of 45 feet allowed in the C-3 zoning district. The covered drive-thru teller
accommodates three (3) teller drive lanes, one (1) ATM lane and a bypass lane,
and is located on the east (back) side of the building. Placing this function to the
rear of the building helps screen these operations from Congress Avenue.
Design: As noted above, architectural style, building materials and colors for all buildings
proposed within Boynton Town Center were submitted and approved as part of the
overall master plan. The applicant proposes to incorporate design elements from
the approved materials and color palette. The elevations show that the hip roof
concrete Spanish s-tiles would reflect a terra-cotta color. The covered drive-thru
teller structure would also contain the same terra-cotta roof tiles. The bank building
has a number of windows, with some groupings displaying an arched molding at
the top and an inset bronze architectural aluminum grillwork for added
enhancement. The building also contains a number of columns with a split face
block base and precast molding and precast medallion accents. The architect has
carried the identical column theme through to the supports for the covered drive-
thru. According to the elevations and materials board, the main body color of the
retail building would be a light beige: "Prairie Clay" (Dryvit 111). The trim/accent
color is proposed as a white: "Brite White" (Dryvit 102). The split face block at the
base of the building would be a medium tan: "Sandstone".
Signage: The master developer is working on a Sign Program for the entire development.
The review of all signage for this project will be based upon the regulations
contained within that final document. The elevation pages (Sheets A2 & A3) show
the proposed location of the wall signs for the bank building (north and west
elevations, near the building entrance). The signs would have yellow channel
letters and a blue shield displaying the RBC logo. Each of these wall signs would be
approximately 39 square feet in size.
A key component of the Sign Program for Boynton Town Center is the sharing of
monument sign space between tenants of the outlots, to minimize overall signage
for the center. Tenant monument signs are intended to be located between outlot
parcels, total approximately 40 square feet (5 foot tall X 8 feet in length), be
Staff Report - RBC Centura Bank (NWSP 06-016)
Memorandum No PZ 06-125
Page 5
uniform in design and match the architectural characteristic and theme of the other
site signage for the total project. In this particular case, the bank would share the
monument sign space with the tenant of outlot #1 to the south. All site signage, as
noted earlier, will be subject to the Sign Program for the entire center(see Exhibit
"CIf - Conditions of Approval).
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 "CIf - 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\RBC Bank\Staff Report.doc
.
1 in. = 104.9 feet
RBC Centura Exhibit A
DrwIIot _ 1ot\p44M5000\CHlD\044M5000~\1WC-SnL'" lilt _.1 ..., It. lOOt a..o.- .1' lw}M......
__......_ ___ .....___ _.. _.._.._ _ow _ .-___ ...._. ___ _..______ - - --...-......---....-..-.........--.----.::.::;-;:
l::XHII:3II E;
II!mG!nmi!~mll~~
i;iil !!!Iiiii;, Uti ill.
'~I:i Ii!!al,:f III' ;i!
~1~li 1~!lI'I! ! I i! 131
.'111: ~II !111' 'II~'
i!;j;1 U~ ~I,t I i II ,!I
i!~I.;n!!n p ~ !ii!i
I:t 'Iii;! i : ,i n Iii
1'1'11 I, I 1 · I III
,~ I ~ i l : II III
11'1 ~ " II lis
Il,; i I ! I 'I~
K i
\111 ! I \i\\ I
1111 \H
'!'I~ \11\ I
I I IlIi
- I 111\
TI'I ! i Ii I'
, , :\1\ I
1\ \I
i \M!
\1111
I
,ili: ' '
i. . !~iiil--'
'! 1:!Ct\
U I\\f: ,
~l :I~;:
. ill I !
Ii \11\
~! '1\1
.! I \11:
z
o
-<
."
0'0
;>>;>>
om
oC
z':
~~
;>>;>>
~-<
(5
z
\1 !~.\I
!!t": _
1 ~j
!~ ~;
H
I'. ..
:\'\:1
; \~ ~
, \\ \
I t, i ,
\\ \\ \
i~ 1\\
\\ ~\
\'l'\
\ ,\
\ :\
\ tl
,
i
I
01
ai,
~~i
~\I
;.~I
~~ ',I
VJ 'I
hll
Sll
mil
'so ! I
~ll
'II \ I
, I
: I
-,~,.!~!mt' ,
1-
;3
j---i
1---.,
1-----
1-----
r=~
~I
-------I ..
--1
---1
=-~=1
--- -t
1 I
...
I! \. \ \. \. ~
o-<--tj1-
I I ' , I'
i I I !
~ ~
'al ~
J~ !'l
i~1 ;
'i~ ~
~l-I
~
1\
1---
!--- - ---
~--
C-,
; I I !
fl i ! i ' \
, ~-L..J,. ,
ii,
~11 :
, I
1 !
~
'0\
'17
/-!~
"'~ ~; () -------'
i
r~
r-~-=-
I U' 1\ 1 i
-i----j,c-VT..
I 1 I
I '
n I I \!
I Ll_.l. -+-+ A.
- . I I I"
-lJ I j i I
i I! '
I I
rwl1--t-11 1.--<
U '. 'I. 1
j I :
I I : . I.
. " i ,
45 l'
TO IlUfJ)ING
.-~
\
'-
,.i ~B IP~ ~ ~ ~fllrm @ ~ ~ I~:~
~ m
il!.~ ~~~,. ~ =1~o.rf[PI ~
z
~~l I~ :~~i 0
~ .
~~i Ii ~ 3~ ~ I:!~!I~~I
h '~~h!i
i~ n~ ~ @ @ @ @ @ (8 ~ x I ~
j~ ~ ~ ~
e~ "
. ~
H;~ig~ in d
~ 11Ii;!; iiiii
i!=d~ g="
~!Bil'S .ug
I~ ~~j
.;jh~ m= j Hi
~~~~
! i' 8 BOYNTON TOWN CENTER
o~ !~, RBC
(,)1 a .. OUTLOT NO. 2
BO'rWTON IEAOi FlOflDA
SITE PlAN
fiill~ Unl;U n;!!
ifi ~~ ~~~~! == ~II
S I~~ d! s~ I li~ ~
. ~I~ 3; ~ . e .
~ & ~ !!. i - ~ 10
~.i A!t ; i-<
~~~ ~~ ~ i>>
i~i ~- ' 1
~ i ~ e; ~
= . I -I ai !
&~ ;~ h ~~
--
PA'" rt
EXHIBIT B
....... - H;\~~I.... LA-l ...,... 20ClI 12:m.- .,. 0.........,.
------~-----_._._-~-----~_._-_._--- -------..----..-..-
.,
<~~" ~ ") ::
,',0,
'I" ',' ..
~" ,.' . .
; .~ . .
-m, "
;/ (fj '\ ::
\ iP;~ ) ::
'-' ~''''./ : :
I . ^'. . .
;'i.1. "
.; -...
f ~. . .
/~ID" ::
(~~~l.t1 \ "
. "'0..: / "
\-f;il1--/ '.
,'f4
I ,/,Q-j
I L'f!;..; ..
I tfjJ .
1.b.'1''-. I ::
I'/~~ "..
1\8:>,. Ii::
;1 ! \.H:j / ::
1",,1 ~/ ;;
: I iDr\ "
I i ~~, ::
:~:o~~2~') ! ! ,
:~;~~I~r :: :
I ~2!iifl! .:
!! ~!! ::-L
Ii r -______:
~ ~r ,- - - - - - - ~i
,;~). 4
Y,,'(i.., I' .
ii~;~'~)', I
{~~<<~jll I
:..-J .t,__~ "
I~:~
-I.
iHi Hff'U H P J/IPlifj Ii ;i ill f
,I!i 1111 II II! I, 1I11!i jl i! 1//1
. I,'l i,'P fi If, i J I hfllrilii
! II', I II I J I Ifl fi Jp
filII J Ii
fit ='i I
If' ,,=
!,.l ill
, f h
I:' I il2 BOYNTON TOWN ceNTER
-r, ...1 RBC
.... IJ OUTlOT NO.2
- ...... fl.......
lANDSCAPE PlAN
". 'ffllIDl!
STOP STOP STOP
0
C :
II -f .\
... II_W
r
(J) . <0 0
-f mN
. 0 -f
0 ... (J) N
;:0 ~
.
-< N II CD
01 . )>
z
^
-+
....---...... j N\i I 3~ji i. ~
/ \
/ u
-r
I
i
--
if "Jld I
nfl:t
~f n"
p Iff f
.f "J
flf I f
I 'I
-- i J f
H.
in I
U, 'i'
'll 'If
ill'" , il . ii" . ". 1;P
I.... '" ". ....,1
If Iq r , f Ii : ~ " , , I J ~
'I, III I f I III I~
Ir, I" r II , "1 I~
,q1UlfI,l:
,M
-
M_
-..
-
t_
-
""
-
DI~ :"fliI!Il _hi.
.Jt-~-....~,:-
~...t:=;-." Pat
-..
...
-..
IlW
ifij j
,
.' , ,
Jq r
Jii j
II 1 1
.: ii
I "
. .
;; J JWIi
.: I :....~
f l J e:tltl
f I 1 U,lp
If I iiu3
, . 1 ''1
" f f f
I II;
-
.... IY
~ ~ C>
j!h ~ ~ J ~ ~
I f Jl Ii '7 f--
~}lj hlii~ .... ~
..,.
.... ~
~
~
1
"
"
"
"
"
I I
I I
I I
I I
I I
"
"
"
"
"
"
"
"
"
I I
"
: :~
1 :1
,,'
I '8
: :w
: :11
I I
I I
::c ~ -
i ill !
:Hd
"
"
"
,
"
, ,
, ,
, ,
"
"
"
"
, ,
, ,
"
"
"
"
"
"
"
"
II ' ,
"
~
.!{~' II
ii,' li~ n
II I r r
~I
z
o
F
""
>
EXHIBIT 1=3
z
o
F
""
>
d
"'~
"'i
0_
z:>
"'T~
I I
I I
"
"
I I
~~/ ::
I I
I I
I I
I I
., I
I
I
I
I
r
I
r
I
I
,
I
,
I
I
,
j Is I,
i iill
I I
II
I~
.'
II
I
h.
iii
d ~l
.., 10'
k 6
h
=,
II
II
jl1~
~jjj
g
~ ~
I I Jl
',Iu!
l
Jj
~ ~
-
I
~ !
- i
EXHIBIT B
z
o
<=
~
~
~
~
<=
~
'I'
~I
il
I:
i'
"
.
It.
d,
. ~I
~
I
11,'
I I
: I,
: If
I I
I I
::c a
: il. I
: :1'31
I I
I I
I
I
I
I
I
I
I
.J
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
-I
I
I
I
I
I
I
---- :
I
EXHIBIT "e"
Conditions of Approval
Project name: RBC Centura
File number: NWSP 06-016
Reference: 2nd revie\v plans identified as a New Site Plan with a May 30, 2006 Planning & Zoning date stamp
marking.
I DEPARTMENTS jlNCLllDE I REJECT I
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. 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 msurance underwriters,
whichever is greater (CODE, Section 26-16(b)).
2. 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.
3. 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.
4. Palm Beach County Health Department permits may be required for the X
water and sewer systems serving this project (CODE, Section 26-12).
5. 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.
6. 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.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
FIRE
Comments: None X
POLICE
Comments:
7. A bank should include the following security needs: X
. Height markers at main exit doors.
. Install alarm systems.
. For potential criminal activity detection, a high resolution color digital
video camera system with monitoring and photo processing capabilities
shall be installed above exit doors, teller counters and each drive thru
lane.
. Installation of money lever switches within teller cash drawers that will
activate system in emergency situations.
. A TM- Shall comply with F.S.S. 655-965 relating to Automated Teller
Machines:
>- Shall be visible from roadway.
>- Shall not be obscured by any landscaping or other fixed object that
would prevent clear visibility.
>- Shall install high resolution color digital video camera system.
>- High illumination of A TM and walkway leading to and from it. Lighting
should be positioned so as not to cause glare of video recording.
>- Install and strategically place a convex mirror to allow operator of A TM
to identifY any approaching person(s) and/or potential suspect.
>- Drive - thru should provide signage stating one way only.
ENGINEERING DIVISION
Comments:
8. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
9. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory
Review Team (TART) process does not ensure that additional comments
I DEP ARTMENTS !INCLUDE \ REJECT I
may not be generated by the Commission and at permit review.
10. 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.
11. 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:
12. 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.
13. 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.
14. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
15. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X
not, therefore, be used for landscape irrigation where other sources are
readily available.
16. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the
permit shall be submitted at the time of permit application, F.S. 373.216.
17. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
A The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
B If the project is a multi-family project, the building numberls must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
C The number of dwelling units in eaeh 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)
18. 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,
Conditions of Approva]
4
I DEPARTMENTS I INCLUDE I REJECT I
provide a copy of the recorded deed for each lot, parcel, or tract. The
recorded deed shall be submitted at time of permit review.
19. 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.
20. 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: None X
FORESTER/ENVIRONMENT ALlST
Comments: None X
PLANNING AND ZONING
Comments:
21. Construction of this project may only proceed with the initiation of the X
necessary road improvements triggered by the number of external PM peak
hour trips noted in the Boynton Village & Town Center development order.
22. The signature trees must be a minimum of 12 feet in height and have 6 feet X
of clear trunk if placed within the safe-sight triangle (Chapter 7.5, Article II,
Section 5.N.).
23. Staff recommends increasing the amount and density of plant material along X
the east landscape buffer to help shield/screen the drive-thru teller
operation. This does not require additional landscape buffer width, just the
use of more mature/dense plant material.
24. If for any reason, potable water use becomes necessary, the use of drought X
tolerant plant species (per the South Florida Water Management District
Manual) shall be maximized and the irrigation system should have water
conservation designs (such as a drip system), where possible.
25. The light fixtures proposed under the teller drive-through canopy shall be X
recessed so that the light fixture cannot be seen outside the canopy area.
26. The Master Developer has created a typical monument sign, to be shared X
with the abutting out-parcel. A sign easement for the shared monument will
be required. The applicant shall comply with these sign regulations.
I DEP ARTMENTS I INCLUDE I REJECT I
27. Please provide, in tabular form, a breakdown of sign calculations for all X
signage for the entire site, depicting the code requirement and that being
proposed, indicating compliance with all code requirements.
28. Non-word depictions on signs shall be limited to 20% of the area of the X
SIgn. Please provide calculation indicating compliance with this
requirement.
29. No e.O. (Certificate of Occupancy) will be issued for this particular parcel X
until all required landscaping has been installed, inspected and finaled, as
well as all depicted sidewalks.
30. It is the applicant's responsibility to ensure that the new site plan is publicly X
advertised in accordance with Ordinance 04-007.
31. The applicant is responsible for compliance with Ordinance 05-060, the X
"Art in Public Places" program and has demonstrated their participation
through the submittal of the Public Art Information Form. Associated Art
fees are due at time of permitting.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\ WP\PROJECTS\RBC Centura\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: RBC Centura Bank
APPLICANT'S AGENT: Kimley Horn & Assoc, Inc.
APPLICANT'S ADDRESS: 4431 Embarcadero Drive, West Palm Beach, FL 33407
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 18, 2006
TYPE OF RELIEF SOUGHT: Site plan approval for the construction of a 3,920 square foot bank on a
0.883-acre parcel.
LOCATION OF PROPERTY: NE corner of Old Boynton Rd and Congress Avenue. Outlot #2 for
Boynton Village & Town Center.
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\RBC Centura\DO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 27, 2006
Motion
Vice Chair Hay moved to approve the request for Boynton Lakes North for Master Plan
Modification of the Boynton Lakes North PUD to reduce the minimum rear yard setbacks for water
lots from ten (10) feet to two (2) feet for hard roof and from five (5) feet to zero (zero) for
screened roof enclosures, and to reduce the minimum rear yard setbacks for interior or non-water
lots from ten (10) to five (5) feet for hard roof enclosures and from five (5) feet to two (2) feet
for screened roof enclosures subject to all staff comments, Mr, Baldwin seconded the motion that
unanimously passed,
D, RBC Centura Bank
New Site Plan
Descri ption:
RBC Centura Bank (NWSP 06-016)
Joseph Marzi, P,E" and Russell Morrison, P.E" of
Kimley Horn & Associates, Inc,
1950 Congress Ave, LLC
Approximately 260 feet north of the northeast corner
of Old Boynton Road and Congress Avenue
Request for New Site Plan approval for a 3,920
square foot bank and related site improvements on
out lot #2 of The Boynton Town Center site.
1.
Project:
Agent:
Owner:
Location:
Attorney Tolces put the representatives for this project under oath,
Chair Wische presented the request for new site plan approval and noted the location was just
north of the proposed Target store,
Mr. Russell Morrison, Kimley Horn & Associates, Inc., explained they would be locating to
the south of the existing Target and to the west of the proposed Target. Mr. Morrison announced
he was in agreement with all staff comments,
Mr. Breese reported this was the first outlot to come before the board, He announced the bank
would be subject to the 25 foot front landscape buffer that applied to the Boynton Town Center
project. As a condition of approval, the buffer and other improvements such as the roads and
sidewalks would have to be completed before a Certificate of Occupancy would be issued, Mr,
Breese complimented the bank for their design, which was in keeping with the proposed designs
noted on the original Boynton Town Center plan, He appreciated all the efforts the applicant put
into the project and announced staff recommended approval of the request subject to the
conditions of approval.
Chair Wische opened the floor for public comments, There were no public comments received
and Chair Wische closed the floor to public comments.
Vice Chair Hay inquired about the shrubs and one of the renderings provided. He noted the
drawing did not depict landscaping,
12
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 27, 2006
Ms. Nancy Everhardt, 5815 West Park Drive, Charlotte, NC, architect for the project was
present. She clarified the drawing presented was more specific to the building design and not the
landscape design, She explained the landscaping planning design was included in the board's
back-up package, She commented there was a lot of landscaping and it would be an
enhancement to the design,
Mr. Breese explained there was a 25 foot landscape buffer along Congress Avenue and the drive
through facility was at the east side of the building facing the Target store,
Ms. Jaskiewicz asked when construction would begin.
Mr, Mario Seranto anticipated a five-month construction process that would commence in
December, 2006,
Motion
Mr. Baldwin moved to approve the request for new site plan approval for a 3,920 square foot
bank and related site improvements on outlot #2 of the Boynton Town Center site. Ms.
Jaskiewicz seconded the motion that unanimously passed, There was consensus the request was
subject to all staff comments,
IIX. Other
None,
IX. Comments by Members
Mr. Joseph Baldwin thanked the board for allowing him to participate in the City of Boynton
Beach, He announced this was his last meeting and he was leaving for North Carolina, He
thanked the City Commissioners and his fellow board members for their help and companionship,
The board wished him well and expressed he would be missed.
X. Adjournment
Motion
There being no further business, a motion was made by Mr, Casaine to adjourn. Vice Chair Hay
seconded the motion that unanimously passed, Meeting adjourned at 7:34 p,m,
Respectfully submitted,
({ I ! " ) 1
Catherine Ch rry-Guberman
Recording Secretary
(062906 )
13
~\.....-rY........O.....~...
I ~."
f ...\
t.j....,.
en ~_, . - _ 4
0\ .. ........ ... .. (;
J.." .. ""
"/,;- ---"''''
ON v
CITY OF BOYNTON BEAC
AGENDA ITEM REQUEST FORM
VIII.-PUBLIC HEARING
ITEM D.
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 Apri] 4, 2006 March 20. 2006 (Noon.) 0 June 6, 2006
0 Apri] 18, 2006 April 3,2006 (Noon) 0 June 20, 2006
0 May 2, 2006 April 17, 2006 (Noon) 0 Ju]y 5, 2006
0 May 16,2006 May], 2006 (Noon) [8] Ju]y ] 8, 2006
Date Fina] Form Must be Turned
in to City Clerk's Office
May ]5,2006 (Noon)
June 5, 2006 (Noon)
June] 9,2006 (Noon)
-....
July 3, 2006 (Noon)
....,)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM [8] Public Hearing 0 Legal
0 Bids 0 Unfmished Business
0 Announcement 0 Presentation
0 City Manager's Report
L.<l
'_ ':I
-,-ie:":'
~l-rl
-_.::;'.'
': c-.i
RECOMMENDATION: Please place this request on the July 18, 2006 City Commission Agenda under Public
Hearing. The Planning and Development Board, recommended that the subject request be approved on June 27,2006.
For further details pertaining to the request, see attached Department Memorandum No. 06-127.
EXPLANA TION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Lakes North (MPMD 06-002)
Fred Freimann, President of Boynton Lakes North Homeowners Association
Boynton Lakes North Homeowners Association
Southeast comer of Congress A venue and Hypoluxo Road
Request for Master Plan Modification of the Boynton Lakes North P.U.D. to reduce the
minimum rear yard setbacks for water lots from ten (10) feet to two (2) feet for hard roof
enclosures and from five (5) feet to zero (0) feet for screened roof enclosures, and to
reduce the minimum rear yard setbacks for interior or non-water lots from ten (10) to five
(5) feet for hard roof enclosures and from five (5) feet to two (2) feet for screened roof
enclosures.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
eM-
. .~ ~
/~fA! ~ - ---
Planning and Zo g DIrector CIty Attorney / Fmance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynton Lakes\Boynton Lakes North\MPMD 06-002\Agenda Item Request Boynton Lakes North MPMD 06-002
7 - I 8-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-127
STAFF REPORT
FROM:
Chair and Members
Planning and Develop~t Board and City Commission
Michael W, Rump~
Director of Planning and Zoning
Ed Breese ~
Principal Planner
TO:
THRU:
DATE:
June 19, 2006
PROJECT NAME/NO:
Boynton Lakes North MPMD 06-002
REQUEST:
Master Plan Modification of the Boynton Lakes North P.U.D. to reduce the
rear yard setback of water lots from ten (10) feet to two (2) feet for
construction of hard roof enclosures and from five (5) feet to zero (0) feet
for screened roof enclosures, and to reduce the rear yard setback for
interior or non-water lots, from ten (10) feet to five (5) feet for construction
of hard roof enclosures and from five (5) feet to two (2) feet for screened
roof enclosures.
PROJECT DESCRIPTION
Property Owners: Boynton Lakes North Homeowners Association, Inc.
Location: Boynton Lakes North (P.U,D,), east side of Congress Avenue between
Hypoluxo Road and LWDD L-19 Canal(see Exhibit "A" - Location Map)
Existing Land Use/Zoning: Low Density Residential (LDR)j Planned Unit Development (PUD)
Proposed Land Use/Zoning: No changes proposed
Proposed Use: Rear Setback Amendment for building additions and screen rooms
Acreage: 54,7 Acres
Adjacent Uses:
North:
Right-of-way of Hypoluxo Road, then farther north single-family residential in
unicorporated Palm Beach County,
South:
Right-of-way of LWDD L-19 Canal, then farther south Single-family residential
(Boynton Lakes South) classified Low Density Residential (LDR) and zoned PUD;
East:
Right-of-way of LWDD E-4 Canal, then to the northeast single-family residential in
unicorporated Palm Beach County and to the southeast High Ridge Country Club
Staff Report
Memorandum No PZ-06-127
Page 2
classified Recreational(R) and zoned Recreation (REe); and
West: Right-of-way of Congress Avenue, then farther west single-family residential
(Meadows P.U.D,), classified Low Density Residential (LDR) and zoned PUD,
BACKGROUND
The Boynton Lakes North Homeowners Association is requesting that the Master Plan for Boynton Lakes
North P.U.D. be modified to reduce the minimum rear yard setbacks for building additions and screened
roof enclosures, as described within the attached letter of request. More specifically, the request is to
reduce the rear yard setback of water lots from ten (10) feet to two (2) feet for construction of hard roof
enclosures and from five (5) feet to zero (0) feet for screened roof enclosures, and for interior or non-
water lots, reduction in the rear yard setback from ten (10) feet to five (5) feet for construction of hard
roof enclosures and from five (5) feet to two (2) feet for screened roof enclosures (see Exhibit "C").
The subject P.U,D. is a mix of housing types, comprised of four (4) residential plats, totaling 54.7-acres.
The P.U.D, is located on the east side of Congress Avenue between Hypoluxo Road and the LWDO L-19
Canal (see Exhibit "A" - Location Map),
The HOA has indicated that they have received numerous requests from residents to construct small
additions at the rear of their homes, but in many cases have been unable to do so due to the lot
regulations contained within the Master Plan. Typical non-cul-de-sac lots are dimensioned 50 feet in width
by 90 feet in depth, Also, there are a group of lots within Plats 5 and 6 which are typically 24 feet in
width and 90 feet in depth, accomodating townhouse/Villa type structures. In the original Master Plan, the
approved minimum rear yard setbacks were 15 feet. City records indicate that an amendment to the
minimum rear setback was approved in September 1989 to allow a 10 foot rear yard setback.
Chapter 2.5, Planned Unit Development, of the City Land Development Regulations states that changes
in planned unit developments shall be processed through the Planning and Development Board and the
City Commission,
ANALYSIS
The purpose and intent of setbacks is to create separation between units, principally for safety and
maintenance purposes. This is accomplished by allowing buildings and ancillary structures to be setback
a certain distance from the property lines. Also, the impression or feeling of density and openess are
affected by setbacks. In some cases, residents are willing to forego a sense of openess in order to
accommodate a building addition for the changing needs of the family, versus the need to relocate from a
neighborhood they are comfortable with, to gain the additional living area needed. The Plats for Boynton
Lakes North depict the arrangement of lots in a manner in which all lots appear to have rear property lines
that abut either water bodies (i,e. lakes or canals) or common area/open space owned by the
Homeowners Association. As such, individual lots do not share a common rear property line, thus
providing seperation not typically seen in standard subdivisions,
The rear yards of these Plats abut canals with rights-of-way between 75 and 170 feet in width, large lakes
that are a minimum of 140 feet in width at the narrowest point, and common areas ranging from 2 acre
parks to association-owned property between 12 and 90 feet in width,
This request was reviewed for consistency with the P,U.D. development standards in the Land
Development Regulations, Chapter 2.5, Planned Unit Developments. Also, staff reviewed the request by
Staff Report
Memorandum No PZ-06-127
Page 3
focusing on the subject P.U.D. and comparing it with other planned residential developments that exist
throughout the city. Staff found that two other P,U.D,'s, Lawrence Oaks and Lakes of Tara, allow screen
rooms with a zero (0) rear yard setback, In the case of Lawrence Oaks, the zero rear yard setback is only
for those lots abutting lakes, buffers or preserve parcels, In both cases, like Boynton Lakes North, the
affected rear property lines are not shared between neighbors, they abut lakes or open space/common
area, Additionally, Lawrence Lake P,U,D, allows screen enclosures with a three (3) foot rear yard setback,
since all of the lots within the subdivision abut the lake,
Similiarly, a previous Master Plan modifcation for Boynton Lakes North was approved by the City in 2003,
which allowed an amendment for rear yard setbacks on those few lots on Hastings Lane (Plat 4), that abut
the LWDD E - 4 Canal. The request was identical to that now being requested by the Homeowners
Association for the entire P.U.D., to reduce the current ten (10) foot rear setback to two (2) feet for hard-
roof room additions for those lots abutting water bodies. The Homeowners Association is attempting to
create a revised set of regulations, based upon feedback they have received, that would allow residents
more options in the use of their property and construction of improvements. Therefore, they are also
requesting slightly more restrictive rear setbacks for non-water lots (those lots abutting common/open
space), while still providing an opportunity for additions to their homes, These non-water lots would, under
their proposal, have a reduction in the rear yard setback from ten (10) feet to five (5) feet for construction
of hard roof enclosures.
In all cases, these improvements would all occur within each individual property owner's current
property/lot lines, with absolutely no construction allowed on Homeowner Association property. In some
instances, there are utility easements on the rear of certain lots, Any lots containing a rear utility easement
would be required to keep any improvements outside of these easements or the individual homeowner
may file for an abandonment of said easement, in order to utilize a greater portion of his/her individual lot.
After reviewing the setback regulations within other P,U.D, developments and recognizing the unique
nature of the lot arrangement within these Plats, where lots do not directly back up on one another (share
a common rear property line), staff believes the request to be beneficial to the homeowners while not
creating any adverse impacts or jeopardizing safety.
RECOMMENDATION
The Planning and Zoning Division recommends that this request for Master Plan Modification be considered
non-substantial, and approved subject to the comments included in Exhibit "DIf - Conditions of Approval.
Any additional conditions recommended by the Board or City Commission shall be documented accordingly
in the Conditions of Approval.
s:\Planning\sHARED\WP\PROJECTs\Boynton Lakes North\MPMD 06-002\Staff Report.doc
...
1 in. = 329.8 feet
Boynton Lakes North
~;
I
OB4
~
)>
~
"tJ ,,;
'"
!"I
;;;
=~
!~
(;j-l
~'z
P
'\
i
I
!.
~
~ ~
::: -II.
I. ....
...f:;:
~- ;~
.' ....
l;.~~:;S_
:.- ~.
EXHIBIT B
--.:----t~_c-----.~__ (/~()' R,~W)
Ro~W lr t:
.:"?!f'.... 1!. N~':i:l"F: ,IB. .. no.... . . . .
~
"
"'"-
h.
......
I
I!
-----
<;
~~
;;;
N_
N
~
~
~~
1I):t
~
::::!
I:)
~
'"
~
'"
,.
~
..... ~
~ ~.
.....
~'"<:.....
~I:)~
C).....~
~:);; ~
I'" ~~
,'"<: C) I:)
I:)~
t::'""-II.
iO ~~<>,
~ .....:c: II)
"'<: I:)
~~
~~::
I:)C)
~:);;~
~ ~
I"l
,~ -
(if
-<
N
o
~
~
I'
h.
~
f
:!o1t.!ln:
....00
I!l
E
.J
.~ n R.
z.~
~
l
~.1l.~'
,0
::-_~;;~,.O'_
--
r .
11-';:--1
II I
"-- ,I
, ~'
" /
I I
'" 1''-''--__\
I '" 1-
SEE
SKEET NO.::;
"--,
j'
'-
.,-:>--
-II.~
.
...
$
~
~
'-
~
.to).
"'(4)-
l'~/)
.--1>
.;,
'Y
"6~
~
I:)
~'"<:
b.~
.....1:)
~
"!:"\T
~... .
PLATTED
N 4"'49'36-
42
BLI(D
~ r I ; ~ i i~
. 1\ f:~
I It! ~~
~ Ii! Hi
!1~I.rE
a 1 I.
i. _ .
. i i r
~ - , It
LAKES
BOYNTON,. "'"' ",.' x.___________
..,
,QJ
.Q
f
$4"'49 56 E
64Z.00
r.
~ ..
!::'~
...;;-, ~
s.
084
C'
p ..
.0
~~ .",
. !e
: ~
! . ..
: 11:
.>
-~
~ ~
!e
l~
... ~
~ l;)
r~ ~
:t.. ~
"i
~
~ ,..
~ :t..
.-. ~
CIS
EXHIBIT B
SEE SHEET NO. 2. ,:______..j
I I I
: .... /,' = I : .~ I
I , { (5 ~ ~------i
1-------' I I,: I 01 I -1.1
' ," ,.......---' I I "-0 r
: I J...........~ ) l.,____---l
I_~-=---=--..:::~-- __j~_~___________
"'Z", rr,.
~~
~
.
I
,
I
~
..
..
'"
-d":....
'" -~-l
0
-<
z
....
0
z
r
)>
'"
ill
en
'tl
r
J>
--I
<5
:z
"
'"
N
Ui
~:; ..
~
~
ii :;
'"
..
"
lao.oo'
00.
...
~j~
V.
;;liH:1!:~
lIi:~~~ili
<\:ll; 1l\""
'1 },;<i
":l!:.- :::;:!
. ~
......
.,....
'"
~~
~~
.
~.
-----.
~~
---..
---..
/
"
.'"
r.;
s. ~
j ~
Go
.~
!'7!"
g.
~.~
.il.;iif~
· 11 l ~5
I t II ~,
F i it f f~
J 111~lf.
. ..
~
~
~~
~::t
::::!
~
co
it ~
~
,.. Q)
~ c) -
......
"i
~~'1
~ l;)
c)~~
::t: tI)
::t:
~~
C) t::l u
t::l~
<:::"'-1:1.
:O::~Ol
"i~CJ)
~ t::l
~<:::
:>'f'l~
'" A_
t::lc)
~:t:~
~ ~
CO\
h-,
~
~
......
"
~
~
(Ij
I
~
~~
~ .
~~
~
~
~
"-
(Z
.;..~ "
~
!~:
!;. ....
r/~
~..
f
~.
t:~OB4
V'-
k
(::~
~.
l"::-'
EXHIBITB
: \
'.
,.
..oG<
-9....c <$>.(-,C'
..o4~<> ~~~O
>-.""-9~ '1-'
-1'4c-....
~.
~
"."'''0'00 .It
... '.14!;:!__ ... I
~~.~ '." ~~~:
.., p(j'~ ;., hi ~:;
~ g:
~ !WI
'-!
~
r--
~ ~-
'I
ll:l'<:'l
~Cl~
C)"'t~
~ tJ)
~ ll:l~
~ C)C)~
Cl~
~ c: ':'1 ~
... ~ Cl
~ 'I ~ tJ)
'<: Cl
ll:l~
;!.!~::
ClC)
~~~
~ ~
"'1
"-..~
---
<t' 0..
I. 4 irE
'<
"
'-!
r,l?o4Cr
:",)
ro
to
~
A
'-!
;;!
':j
0,
:J;
'"
ro
...,
:;:
8.
L
..:~
~
..;>
.;,.
',.
/'1
,~(
L
'I "l S
= l' . ~ i~
; i l i ~~
I · i I;~
~ li!.~
n l ~ · f I:
~ illT'
l - .
~ I ~ I"
'-...~ .::_-' .
.~.":...:.:;.:".:.
-:.-;...-:-.
~
~
~
Cl
~
ll:l
-II.
U.
~
tJ)
'I
~
.
~
,
:'b
~
~
'-
:z
I
I,
j'.
i
t.
I:.
,.(,
fl -,
1 >If'
.0
. ....
. . ...
.~ : - -
. . ,.
. . z
i ~ . a
. . iI:
= :- >
Hi ~ - ~
. ~:
t !!!
~
~-
i~ tl)
. oJ. e;:)
~~ ~ ~
. b.
, ~ '1 ~
~
~ "
~ !:) b.
.~ Ul ~
",r~ ~
t
'"
.. . .
-----..~-~_.
EXHIBIT B
~~
~~
~'1
~!:)
~...,
~
'.
f
C()-N6'HF5~
is
!8
~
"
'i
f120' R/W) .
----' 7..!.:..!..S:"-"-
:1)
::t
....
'."
'1>
?1
-
~
"
"'~
"
"
"1>,
....
"::ti
:..
.,
...,
"I
"'....
..0';"<9-
:(/co
.>o-1>~
....C'.,>-
~~&~~~~t~i~t~~~t~~~~~~~**i~i~i~ibbb~~~~~&~&k*~~~~~~~&~~~~f;f~~~~~~'.2.'.~ZZI~!
5;~~~~==S~e~~ESS&:~sS~~~:tS&S.~~!iis~.e~eee:..SS;=ii~!i~5.~s&:as:s:====~!~K~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~;~~~~~~~~~~~~~~~~~;;~~= ,.
2S2:aee S~SS =~:t ~~=~2~ 3.~~&~::=Ra s~~~=== =~aS.2eeD~O ~~~.:.~a.aa=l=a~
. '4-' ',:.,~,:-, '':~'': .,,3.... ."..- .J." '4.' '-'-"~'~' ,-,,,-,~~-,,:,:-,,:-,,,,,;: .].1; '''''''''''':-'-' ..,-,-,-,-,..1r5 ~
~Z~~=~~~~~=~~=.a._=-:=~~.c_~.:.~~o~.z=.==__~...__._.~_~C.'i.=a...-a_&~..o~aF.
~~~~(~~~~~4~~~~~~~~~~~~~~~~~~~~~~(~~~~~~~~~~~.~~~;~;~~~~~,~~;~,~,~;;~~~~,~~
.. ...... ---.-----,.-. ----,. ...--- .-----__oZ._"_".=....,,.__.____ w..___,
~~~~r~~~~~~~~~~~~~~~~.~..~~~~.~.~~~~~~.~~~~~~~-r~~.~.~'~~~.'~~~~~~~~~~.~~r~
~;~~~~;~;~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~,~~.;~~;~~~~~~~~~~~~~q~q~~;~~~;~;~
L-.____~
,-----'~----_..-.~.. -
._~_. . '"
-- -_._--~
~~
,,~
~~
~~
~~
, 'll
i1!~
~~
,,~
~...
~~
~~
c::<>
","
~~1l
~~-
~~
~~
~(;;
. ~
h
~~ Jo
"'~ -.~
a~!~,
~ s;"
~~
!il~
i1!~
~t:
~;o,
!Il~
~.
!i~
~~
~~
".
,'" ...
~~
~~
~....
~
~
11:
~
~
~
~
~~
~~
~
~
~
I" Cl:l
~ ~, -
"'1
~'I:~
he;:)'"
"" C) '>J ~
~:t CI)
,'I: ttl ~
"e;:)~
i'O. ~ ~-t.
~ ~ ~ \Jl
~~~
tl)<:::
;!!~~
~ C) ,
~:t~
1>; ~
C'l
....
-t.
to,
~
lJ)
'1
'"
~.
~
Cj
"'b
'"
~
.......
~
<Jt
~
S::.
~
'-
~ zz.
:'1 I.! i
. i I : ;~
J I t I'~
rl'H~ii
[ il h...
;. f . f r
P , i<.
....
Q.
~
EXHIBIT B
n74-'rENUE
tiED' R/W)
b
,8.
R ~789.e. .~ _-
, i
I
I'
- I
I '~.
~73.S8'
1<10.00
:g-
_1~A.'!1.7!1: 6_S-I6'86.
,
Xl' ; ~~'
,
'b
't
t
~
;
VI
~
VI
~
"i
"\
o.
!
I.
~
.....
'"
..
::::0..
~
'"
~I't}
~ ~ !JO'
'~
"
"
fl
~- l '"
. 0
. _CD
~ . !
~ : : ~
. o : . a
! ,I . << .
. :: ~ ~
1p 5 - 1;
. : ~
[ L !
.-
is
!~
~i-ta ~
~ <:l
HJ~ ....
1>. ~
, ::j ~
.<:1 "\
~
~. ~
,. ~ ~ "
, 1>.
I
~ <'l ~
:."'r~ ~
lot
~~~~~*~t~~gi~~~~~~~~~~~~~~~~~t~~~k~~~~~*~~~~~~~~~~~~~~~~~~~~~~;~~~zz~~r2~zl~i
~mu~~m~~~~~~m~~~mmm~m~mmm~mm~mmmumm~~~~~ . ~
~~~4~~~~~4~~~~~~~~~~~iiaa~~~~~~~~~~~~~~~~~~la~~~~~~~!~~~a4~~~~~!~~~~~~~~~~Jj .
~~;~~~~~~~~~;~~~~~~~~..~~~~~~;~~~~~~~~~~~~~~.~~;~~~~~.~~~~~~~~~~.~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~;~~~~~~~~~~~~~~~~~~~~~~~~~=~~~~~~~~~~~~~~~
I
g
.....1___
i
"
1>.
~
""
~~
~~
U
"'~
~..
;,~
~~
~~
~~
~~
......,
Qa .
..~
~~
r-~
~~
~t;
."
h
...~
;:;~
'll~ -.~
BCl ~><!
~... ~
~~
'l:l
! l~
~ ,...,....
~~
!l;l:i
.. ~,
..1 ~~
~~~
....~~
t.
I
,..'
\
\
"
~
~
~d
~~
~
~
~
t- Cl)
>:: <) .
"
"1
Cl)""<:
~
<)
~ :t
....
,....
~
~
Ctj
~
~~
11>
~:!:
<)<:l"tl
~""<:
;0 ~ ~
~~~
~~
-ll.
01
~
~~
::>1"'l~
l::; :t> -
. .~<)
~:t~
:Ii. :t;;
~
C)
"'l
........
~
'I
~
l.oi
.~
11>
"1
~
~
~
,
:'b
s:::
~
'-
'"
- 0
..
o
:t
zz
~ j I · i i.
. '11 L~
. I .~
I .. I~;
~ II II!! ;i
ti ~+
;,i . f i
!" J iI:
.....
Q
~
. EilaT
I
I
I
j,
r
CONGRESS
AVENUE
/20' R/W
----f
i
,~
:~,
...ao'
'~
-
:'
l
i
,
(.'"; \
.- -'I
... r--..
,'-1
''1
'''';
h
,
<:: ~ \
'.-'
i't~
'-"
u
i
I"
i
!.
.
~ : 2
~ :-!!
!;::~
o. . a
! ~ .
0._1:
>: ' ~
r - >
- : <
>
!!!
~'
r ~ r f'
I
l
:;:;:
or: '"
r .,. g:
pr~ ~ ~
. ~ 'i ~
c.; ~
-f'
i'
t
f ..:
.l
. .
f~""r
~K~:f
- ~
zz
.~-""~
~ .;:.
;t . :t..
OI~
(I)
k.
'J
',~. .~
.:;.'~';'
~
:.. .. r~
~.". L .S;S
r.... ~ oft.
.... ~.':k:.'
.::..~,,=
i - .
-~.:.-.-......_,--
",'.. ~ ~
EXHIBfr B
.:
~~
~lg
~~
~h.
~!
~~
~~
!l; .
",'I)
.
~~
~~
~<;;
f'
...~ .
l<i~ : ~
~~
~"~ .1
~~
~~
;.
~
~~
~~
t
~
I
\
-\.~
".~'->.J,";::~A-~\i.,. \ ~
_ ~i~ ,Wf.J.IIAeB 3
" .~"" ;:;8/-6L/'S'fJd-6f-''8d
/ / "' 0"1 /."'"7:1-$3)/>;7 NO.1N,i,OE]
/ ~/' /'~--
..../ '0
,- -
~~
:j .....,
~
I::)
<
'.i
.....
r::
h
-;
~
~~
~~
~
I
~
..tl'I!'~i~
; I i:5
I · J . ~~
~ '.1'-' ~~
- I . ~
.0 .. KI
i I il"it
;. r f ,-
. ,
..
~
~
~~
~~
~
~
~ ,.....
,...
~C'\lb'llo...
...... ~
~~~ ~
h <::i :,.,
C'\ ~ ~ r.:
~ ~ ~ "III~
h tb~
."'C C'\ C) "Ii
C)~""
";0 ~"~ t>i
~ ~ ~ tI)
'tb~~
...~:-c ~
,.:.!C).~ ,--
.~ ~ 'Ilo...
ti ~ ~
K :t........
~ ..
'"
~
~
~ .
~~
"""
~
s::::
~
'-
:.~ ...
< /
...
\~
-~~-- --
/------ \
~,
" \
>or--
.. \
~)"
>0: \ ~
\
I
\ ~
\
..... ~
\ <:
\ ~ :t
<)
\ "1
.....
I ~
\ ~ <: .....
\ ,...
\ ~ ct> h.
C)-
....
\ "1 ~
~ "(
"1
~ ~
~ <)~~ CIj
h. ::t....~
"( ~~
~ ~'1:l
..... ~
10 ~ -II.
ct> ~ 0-
0- "1 <:
~ ~
~<::: '"ta
...."'l~ ,....-
,... h_
~~ h.
~
l::> ~ ......
h <:
C)
"'l
-II. '-
U,
~ ~
V)
"1 0)
I
1- ,
I ~
I- s::::
~ ~
'-
~~k~~~~~~~~~~~~~~~~~~;~~~~~~~~~~~;;;~~;~;~~~~~~~;;~~~::~~Z~:ZZ\~~
ea~~~~~~~i~~~8~~~~=88g8~~~~~~~!!~~::~i~~fi~~~~~~~~~!~~~~~~~;t~lt
~~~~~~~~~~~~~~~88~88~8~88~~~8~~8~8~8888888g88gg8888gg8g88888g~S I~
- . " ~
.___.,~."s_.<o,,'--s-o.-S-8.aa~.-.--o---O-O"O--300".---'."-.Il" -
~~~~~~~~~~~~~~~~~~ii~~~~~~i~~~~~~~~~~~~~i~~~~~~~~~~~~~~~~~~~~~~~ >
~~~~;~~~~~~~~~~~~~~~~~~~~~~~;~~~;;;~~~~~~;~;;~;~~~~;g;;;;;;~~;I.
~~S~~~~~~~~~~~~~~~~~~~~~~;~~~;~~~~~;~;~;~~~~;~~~;;2;;~~i~~~tt~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~
'$8~~._~=~~==....as=.=:e==I~==;..:'.~.:.":-'.....~----- _____~n ~
. .... ...( ';.!"lIll'''::~~ 'lI~""~'" 'lid'.. ,.. '~1I"'" '&1111" ."".---....-- '. ~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~;~~~~~~~~~~~~~t~~ ~;
,
....
~~ '> A,
-0
s:.~ ~
~~ " ...
<~ 'I-
t- ~' 1-
'b~ , '?
0'. '"
~J) r'tj
'J;
-
"
'''"' ""
t-
)"
~ 'i
"'~
'.0
l'
~
~
.V::>T
t
L
II
:~l.;;L
I: il p~
i I! ! ~~
~ I' i I~ ~ ;1
~ . I Ii
i J 17
;, r i i
;, ';.
=
(""'
i~ ~
~~"'<
_ ... ::t
r!l; .... 't
7'~"1~
:~::t
. ~~~
~.r ~ ~_~
.<.... l\)
~ .
-----------------..-,;~-_..
-.-1
L..__' ~-~~_..__."._----
EXHIBIT B
~
~
~ r :~~
p,;--s'_' 77.~r o"/)J 2- - 'e 8: I o.
:~:;5 \1 ':.
ll:_i 1\ .
~~;;lC ........1..,..; \1.
1 ~a _1
i <,
Aft; /
i?Lh --:-TE/;
- fjr.'J'r/\/7'7J.N -[A/(["})-.r~-.:6i..-X!NfJ: -.., p~ .{Y,
l.AIf'ES ".~:;'~.. EH)I.II.E-YARD
~
/'
/'
/ /
/ / ./
I I //
/ / /
1/11
/ I I
/ //''--""
11/'" / "-
I I ~ 1\
---~ / \
( V" I
\ J I
) I"--J
/ I", " "-
/ "-... /
//"- 'y
/"~ /
."-
- \
-_/\
,
lJ() Y NroN-
-f
..
~6~ 00'
---- ----
... 4.4"~.W'
,....,..."....
\ ..~ ..~
p;
<::
\~,
t,,;;
...
.. r-
..
...
...
b.
~
,,'"
v,
~
v,
~
~
'1
~
-l>.
-\ ".'
,
. '-" \
\
\ ./
./
\
./
\
.lS..I s~.
.(,
..'7->>
r194c,.4
A'"
'C' e
,
:1
!
-,
--.. I
,_I
" I
-I
f r
i
.
-
~ <
rrr
. l
-':-1
~~\
:...~
~ ':
., .
~i:r:.. ' I
~ ..,......... " !
...0 ;" i
0.::1 llIl g i
.. .' g :~I
""'~........ ..\
"_ P' :-..,~"lo ""
N " -., ...\
'Jl3? I
t_o~~_i... .~:- ~!
I
\:
~~~~t~i~~~~~~~~~~&~~f~~~i~~b~~~~~~~~~~~~~~~~E~~&~~&~~~~~~~~~~;~~ZZt~~24t~!
si=i~.~.~~33~~~B.===~~~~==~~~8888~:~~~~~BBBi~:....tii...==..B..........=IE \
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I~
- ~.e
-. -><t -=---a--;:a--a--a-uo" - --:-22-:-8oaa80 -~ --2-- -2-'IS ,--uoSU---. -- _I: ._
~ii~= ~aia~~rJ3~1i:l~~.~ii~;::ii~~~ii:;~ei~::i2i~2th=~~:;i~,i~4~=2!::: i~~8e~==i~~~1!~ii::i i ~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~ 00' ~Q)'
-,
,strtlOfo .
. .--
00......
0,8,8.8.
....
l>.
:>t;
2l
~~~~
ij;.a.~.=.
~~-~g,
~~~~:~~~~~~~~~~~~~~~~~~~~~:~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~,,_.__.._-
.-----.-.~_.~~__..L _
--.- - - ~ ~~."-' ......... "'-'- -"'-_._-._~ -_..-.-
I
!\-
i
!;>
~
z
..
..
(; I:~
:..-.
I~
",
r
I
!}\;
,
I
1
1~
i~
\~
I
i
~
'~
~
~,~:
~
'"
"b
()
r-
<:::
...
~
.,
i:~
.z
,0
~~
1:
'r
I"
\ ~
\ ~
~ .._..~ i'
I
~1
-I
L
;
'1
.!'~i.:1i.
I -Ill, ~~
i.! I ! ~~
:- I i :td~
ill'rr
[ il L
;. ~ r i
~ , ~
~
~
...
~
'"
~
~
~
~
'"
~
.~
.... ~
~
~ ~.
~
~ ~ "
.... ~ .~ ~
~
....
'1 ~
~~"i
~ ~
()~~ (I)
~ VI
~
~~
()~
~~ I
~~-l>.
~~<>\
~~CI)
- <::) "'b
~~
:'l\~~ "
r-; b: _
~C) :b.
t;~~
l>. :t:;; 't
~
<:)
f'I
-l>. ~
lo,
~
V,
'1 ~
,
:'b
s::::
~
'-
'"
~
~
~
.,..
2"311.1'
oel0
".
I
Q;
Q;
<:>.
~
~
~
~
....
~
(jj
11
.-.
.-.-
J-l
EXHIBIT B
1.--
I i~ !
i - \;~I
-" f
[)Or II TOII~. ---t-i.-AKE5 -- '-';':'ix,~-8-t-VB-c-
q ,.,~ ~;V 7 ::'/~'
,.'1 ,'.I:S
-:
~/ ('
.;:::/~;-~
, EJ OYNTCN
LAKES PL-AT NO. 4 PEl 49, 1"(,$, /7.9- /92
<.
{J
1 ..
.0
~ . '"
. !!!
! a
. "
: 3:
>
rrr ; S
{' . . >
!!!
.
I'
i:.t ~
... ~
'" '<;
,... ~
h. '1
'1 ~
~
~
~ "
h.
0\ ~
(I)
""CE
It
'''y,~.t>
.~
~ ;
~~~
.1,:.".'
/
...---
EXHI BIT B
I
,
1
)
:s
lt~
<.')
hJ
hJ ::t:
,... '<;
~
,...
v, ~
::t <:::l
i"; h.
tli r.--
--; --:; I
... f ~
'" ?
'" .. h.
~ " '<;
.., 0::,
;:, 'I
I .. ....
lO
r"1 i ~
'" .;
\ '. ,I
... 11
d I
I
I
i I
I,
~
~ b
i 'h.
I :0::,
I !
I
I
uP() !~
n-
I
~
II
~ ~ l" r i.
" i..
. 11 z -!
i ! I ~~
"I r ~.
:- "II ".
; \ 'I"il
. I .'
;, i .! I
!" it
~
~
.... ~
~
VI ~
PJ
~
<:::l
~ ~ r--
,... Q) ~
't (')-
.... ~
'1
~ "( 'to
~ <::i
C')<:::l~ Ctj
::t:-"(I)
~
(')~'"
~~ ~ .
~~ t>l
~~
~
~I::::
-.,~~ ,
,... (') -
<:::l::t: ~
~ ~
~ h. ......
~
1'1
~ ~
tll ~
~
VI ~
'"1
::;..
~
~
~
'-
~
m
~:..',
if::T--:'
~~
f.
r'.'
l~."-.'
r~': ~
ir
:;. :.
~~ '
.. .
/42
~.
!~L'
"'1~ >s.
~ -
'" BOYNTON
_+>C l
.'
I'l:~
~~
~'i
~<::l
C')"tJ
LAKES.,... PL4T N~). 4 PB. 4S' ,.pc/s. /79
/tIE
_69!J,
ss..oo
I
i.
I~
it~
Ii); .
;~: i
l~~
r..
.'1.,'_: I'
!r
~~f
ir.
I . ~
, .-!;.
r ,\~
.4 ......
$o..~o/...,.....)~ L
~'.^.1
,~
II
. c
. III
. . III
5: -
:.. - ~
o ~ _ Ci
; :~: J:
> .-~ >
5 - ~
. ; ~
Ie'
Ai
<:4..j-c:.~'
.f'
.
c .
,10'<9.
if'
$<.."
.o"4r
p u's -0/0. 0'
. .Ie;$' .
.... //.?
J
t.i
~
.;;
~ ~~
..EXHIBIT B
~ I
, '
)j
'1'
b.
~!l: ~ 'I
"l
i!
..
..
.."
!'o
,..il:
";Ii
=.
.....
~~~
,,",...
ib ~ t)Sb
~~ ......
!'a:::! ""1
>:~l:ll~::1
~ii,,!'1- ~
~,,~:t.;<::l~
~....~~"tJZ;
-:i!'" . ~
..... "i l:ll~
Ie.... <) <::l
Q)~" <::l~-fl.
Ie ~ ~ ~ ~ ,.
"... ... ::1 '"
,,' 'i ~
i1~~~lI)
;i"- <::l
~.. l:ll~
~~"tJ"l~
...,.... h...:'
~~ ~ C)
ltl':.....~~
..!: ~ ~
:!,,~ ~
!;!" C')
,,~ "
h
~~
;lll!
";l
~"
fl"
~<:
~~
'"
~
b
0)
I
b.
I
tb
~
~
~
~
~I'
~~
~~
(J).
....
....
Ql
,
:--0-
~
~
.. .
-....c
~
~
.!'il"Ji/n
. 11 i'
I'll~
F II ,f ~
i ,.,&i r
~ !.
-.! . i I
. ~ . ,. It
.....
eJI
(J)
/
EXHIBIT C
April 4, 2006
Mr. Ed Breese
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FI 33435
g,PR I 4
Dear Mr. Bresse:
The Boynton Lakes North Homeowners Association requests the following:
Modification to each of its master plans to allow the following:
Reduction in the rear yard setback for water lots (those abutting a canal
or lake) from (10) feet to two (2) feet for hard roof structures and from
five (5) feet to zero (0) feet for screened roof structures.
Reduction in the rear yard set back for interior or non-water lots from
ten (10) feet to five (5) feet for hard roof structures and from five (5) feet
to two (2) feet for screened roof structures.
Justification: Lots within this master planned subdivision do not back up to one
another or share a common property line, they either abut a water body or
common area owned by the homeowner's association, Therefore, no
building addition associated with one property would encroach upon
another resident's property and appropriate separation between
residential units would be maintained. The relaxation of the rear setback
will allow for reasonable expansion of the homes within our subdivision
to meet today's needs for our families. The intended expansions would nOll
encroach into any drainage easements, therefore we do not believe the
drainage as designed for the subdivision will be affected. The utility
easements at the rear of any properties are simultaneously being requested
abandonment, since we understand that no utilities are located within
them, as we believe all utilities are located at the front of our properties .
We understand we cannot encroach onto any drainage easements or tracts,
or any common area of the HOA, and have no intention with this request to
do so. Lastly, a portion of our subdivision (Lots 6-23 on Hastings Ln.)
received approval for a modification to the master plan in April of 2003,
100 Redford Drive ~ Boynton Beach, FL 33426
561-439-9859 Fax 561-439-5835
Mr. Ed Breese
City of Boynton Beach
Page 2
April 6, 2006
which mirrors our request for the rest of lots abutting a water body. We
believe the proposed amendments will not have an adverse effect on other
property within or outside our subdivision.
Very truly yours,
cz-/~ ~ _
~~~ ... ~'?""~
Fred T. Freimann, President
Boynton Lakes North Homeowners Association
Enclosed check # 0272 - $500
EXHIBIT "D"
Conditions of Approval
Project name: Boynton Lakes North
File number: MPMD 06-002
Reference:
I DEPARTMENTS !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 ALlST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: I I
I To be determined. I
S:\Planning\SHARED\WP\PROJECTS\Boynton Lakes\Boynton Lakes North\MPMD 06-002\COA.doc
S:IPlanning\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: Boynton Lakes North
APPLICANT'S AGENT: Fred Freimann, President, Boynton Lakes North HOA
APPLICANT'S ADDRESS: 100 Redford Drive Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 18,2006
TYPE OF RELIEF SOUGHT: Master Plan Modification of the Boynton Lakes North P.U.D. to reduce
the rear yard setback of water lots from ten (10) feet to two (2) feet
for construction of hard roof enclosures and from five (5) feet to zero
(0) feet for screened roof enclosures, and for interior or non-water lots,
reduction in the rear yard setback from ten (10) feet to five (5) feet for
construction of hard roof enclosures and from five (5) feet to two (2)
feet for screened roof enclosures.
LOCATION OF PROPERTY: Boynton Lakes North (P.U.D.), east side of Congress Avenue between
Hypoluxo Road and LWDD L-19 Canal.
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\Boynton Lakes\Boynton Lakes North\MPMD 06-002\DO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 27,2006
Mr, Casaine questioned the matter and thought there was, Attorney Tolces clarified the cross-
access agreements were already contained in the documents provided to the owners of the
condominiums that were sold. The other issues raised by Ms, Tator were private matters between
the association and the developer. Mr, Casaine expressed his thoughts there was no
communication between the developer and the condominium association to clarify the matter.
He thought recognizing the situation would put the residents' minds at ease. Mr. Cohen
reiterated they would be happy to review the issue with Ms, Tator and the condominium
association so they would be clear as to what was allowed and not allowed.
Vice Chair Hay inquired if the issues reported by Ms. Tator could be included as contingency
conditions. Attorney Tolces responded the issues put forward by Ms, Tator were private in nature
between the individuals who purchased the unit and the developer regarding the conversion from
apartments to condominiums, The application was for a site plan for a townhome development.
As long as the developer had the pieces in place for the town home development, the board was
limited with respect to the condominium project that was previously converted and sold, Vice
Chair Hay expressed he did not want the issues raised by Ms, Tator to fall through the cracks and
thought they should be addressed.
Motion
Mr, Cwynar moved that the request for new site plan approval for 34 townhomes and related site
improvements on a 7.966-acre tract within the Meadows Planned Unit Development (PUD) be
approved with all staff conditions and recommendations, Vice Chair Hay seconded the motion
that unanimously passed,
Mr. Cohen complimented the Planning and Zoning Department. He expressed they were one of
the finest departments they ever worked with. They were very cooperative and helped them
through the process. Attorney Tolces made a friendly request to meet with the homeowners for
the condominium, prior to the request being heard by the City Commission.
D, Boynton lakes North
Master Plan Modification
1.
Project
Agent:
Boynton Lakes North (MPMD 06-002)
Fred Freimann, President of Boynton lakes North
Homeowners Association
Boynton Lakes North Homeowners Association
Southeast corner of Congress Avenue and Hypoluxo
Road
Request for Master Plan Modification of the Boynton
Lakes North PUD to reduce the minimum rear yard
setbacks for water lots from ten (10) feet to two (2)
feet for hard roof and from five (5) feet to zero (0)
feet for screen roof enclosures, and to reduce the
minimum rear yard setbacks for interior or non-water
lots from ten (10) to five (5) feet for hard roof
enclosures and from five (5) feet to two (2) feet for
screened roof enclosures.
Owner:
location:
Description:
10
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 27, 2006
Chair Wische announced the request was for a Master Plan Modification of the Boynton Lakes
North PUD, The applicant was not present. Chair Wische inquired if the board could hear the
request.
Attorney Tolces indicated the application was on the agenda and the board could consider the
request if it wanted to, He clarified it is the applicant's burden, in theory, to present their case or
justification for what they were seeking.
Chair Wische polled the members and there was consensus to hear the request. Mr. Breese
advised staff had no objections to hearing the request and felt fine presenting the application in
the absence of the applicant,
Mr, Breese explained the Homeowners Association (HOA) was requesting the master plan be
modified to reduce the minimum rear yard setbacks for building additions and screen room
enclosures as noted above. He indicated the HOA received many requests from its residents to
construct small additions at the rear of their homes, but could not because of the lot regulations
outlined in the master plan, As such they were requesting the modification. The plats were
depicted in a manner so that all lots appeared to have rear property lines that abut either water
bodies such as lakes or canals, or common areas and open space owned by the HOA, He
explained as a result, the individual lots did not share a common rear property line.
Mr. Breese advised the Lawrence Oaks and Lakes of Tara PUDs allowed screen rooms with a zero
rear yard setback and in the case of Lawrence Oaks; zero yard setbacks were only for those lots
abutting lakes, buffers or preserved parcels, In both of those PUDs, rear property lines were not
shared between neighbors, A previous master plan modification for Boynton Lakes North was
approved by the City in 2003, which allowed an amendment for rear yard setbacks for some lots
on Hastings Lane. That request was identical to this request for the entire PUD. Any proposed
improvements would be within the homeowner's property line, Some of the lots also had a rear
utility easement. If the intent were to construct something, the additions would need to stay out
of the utility easement, or a request for abandonment of the utility easement would need to be
made, Staff recommended approval of the request.
Chair Wische opened the floor for public comment,
Ms. Susan Efe, 44 Desford Lane, Boynton Beach, requested clarification about the request.
She explained the present setback was ten (10) feet and that this proposal would change it from
ten (10) feet to two (2) feet for hardwood enclosures, Mr. Breese responded her understanding
was correct, For screened enclosures the request would be changed from five (feet) to zero. Mr.
Breese explained those are for lots on the water. Ms. Efe explained she had a water lot, and
explained she was actually gaining land on the change. Mr. Breese responded the HOA felt the
majority of the residents would benefit from the ability to add-on to their home as opposed to
looking elsewhere to expand or find a bigger footprint in another development.
There were no other comments received. Chair Wische closed the floor for public comments.
11
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 27, 2006
Motion
Vice Chair Hay moved to approve the request for Boynton Lakes North for Master Plan
Modification of the Boynton Lakes North PUD to reduce the minimum rear yard setbacks for water
lots from ten (10) feet to two (2) feet for hard roof and from five (5) feet to zero (zero) for
screened roof enclosures, and to reduce the minimum rear yard setbacks for interior or non-water
lots from ten (10) to five (5) feet for hard roof enclosures and from five (5) feet to two (2) feet
for screened roof enclosures subject to all staff comments, Mr. Baldwin seconded the motion that
unanimously passed.
D. RBC Centura Bank
New Site Plan
Description:
RBC Centura Bank (NWSP 06-016)
Joseph Marzi, P.E" and Russell Morrison, P.E" of
Kimley Horn & Associates, Inc.
1950 Congress Ave, LLC
Approximately 260 feet north of the northeast corner
of Old Boynton Road and Congress Avenue
Request for New Site Plan approval for a 3,920
square foot bank and related site improvements on
out lot #2 of The Boynton Town Center site.
1.
Project:
Agent:
Owner:
Location:
Attorney Tolces put the representatives for this project under oath.
Chair Wische presented the request for new site plan approval and noted the location was just
north of the proposed Target store,
Mr. Russell Morrison, Kimley Horn & Associates, Inc., explained they would be locating to
the south of the existing Target and to the west of the proposed Target. Mr, Morrison announced
he was in agreement with all staff comments,
Mr, Breese reported this was the first outlot to come before the board, He announced the bank
would be subject to the 25 foot front landscape buffer that applied to the Boynton Town Center
project. As a condition of approval, the buffer and other improvements such as the roads and
sidewalks would have to be completed before a Certificate of Occupancy would be issued. Mr.
Breese complimented the bank for their design, which was in keeping with the proposed designs
noted on the original Boynton Town Center plan. He appreciated all the efforts the applicant put
into the project and announced staff recommended approval of the request subject to the
conditions of approval.
Chair Wische opened the floor for public comments, There were no public comments received
and Chair Wische closed the floor to public comments.
Vice Chair Hay inquired about the shrubs and one of the renderings provided, He noted the
drawing did not depict landscaping.
12
~"'i~.0f;-
, . '\
./. "-
(' . \
CJ \ '.. .. I ::c
c\ IU
1- -'''. " _' _/",f~ -?
~-"~
"0 N v
CITY OF BOYNTON BEACI
AGENDA ITEM REQUEST FOklvl
VIII.-PUBLIC HEARING
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
D April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May IS, 2006 (Noon)
. "
D ----
D April 18,2006 April 3,2006 (Noon) June 20, 2006 June 5, 2006 (Noon) .-.,
-~ ..~,<
D ,-..... <.c=;
D May 2, 2006 April 17,2006 (Noon) July 5, 2006 June 1 9, 2006 CN.oo:n) .,
[8J r..)
D May 1 6, 2006 May I, 2006 (Noon) July 1 8, 2006 July 3, 2006 (Nooo}
D Administrative D Development Plans "::~~~~j
D ""'- ~ .-] '':-~
NATURE OF D Consent Agenda New Business '-..-' 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 July 18, 2006 City Commission Agenda under Public
Hearing, to be removed from the agenda for re-advertisement. Subsequent to the Planning and Development Board meeting
errors were identified in the 400 foot boundary used for notification purposes, warranting correction and re-mailing of notices
for subsequent board, and City Commission hearings. For further details pertaining to the request, see attached Department
Memorandum No. 06-130.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Meadows PUD (MPMD 05-013)
Steven L. Cohen & Associates, P.A.
Boynton Meadows, LLC
Southwest comer of Congress Avenue and Hypoluxo Road
Request for Master Plan Modification approval for the addition of 34 townhomes to the
Meadows Planned Unit Development (PUD).
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Developme e a nt Director
..~ t1_
Planning and ~tor City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Meadows 300\Meadows Townhomes\NWSP 05-032 Townhomes\MPMD 05-013\Agenda Item Request Meadows
PUD MPMD 05-013 7 -18-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-130
STAFF REPORT
TO:
Chair and Members
Planning and Development Board and City Commission
Michael W, RU~
Director of Planning and Zoning
Ed Breese ~
Principal Plan~r'
THRU:
FROM:
DATE:
May 16, 2006
PROJECT NAME/NO:
Meadows PUD MPMD 05-013
REQUEST:
Master Plan Modification of the Meadows P.U.D, to include an additional 34
townhouse units in a new 7.966 acre Tract "P"
PROJECT DESCRIPTION
Property Owners: Meadows Homeowners Association, Inc.
Location: Meadows (P.U.D.), west side of Congress Avenue, south of Hypoluxo
Road (see Exhibit "AIf - Location Map)
Existing Land Use/Zoning: Low Density Residential (LDR)/ Planned Unit Development (PUD)
Proposed Land Use/Zoning: No changes proposed
Proposed Use: Modification of master plan to accommodate an additional 34
townhouse units
Acreage: 287.31 Acres Total (7.966 acres for the new townhouse pod)
Adjacent Uses:
North:
Freedom Shores Elementary School, with a land use designation of Moderate
Density Residential (MODR) and zoned Single-Family Residential (R-l), further
north right-of-way of Hypoluxo Road;
South:
Right-of-way of LWDD L-20 Canal and Miner Road, then farther south Chalet IV
and Melear P,U.D. classified Low Density Residential (LDR) and zoned PUD;
East:
Right-of-way of Congress Avenue, then farther east developed residential
(Boynton Lakes P.U,D,), classified Low Density Residential (LDR) and zoned PUD;
and
West:
Single-family residential (Nautica Sound P.U.D.), classified Low Density Residential
(LDR) and zoned PUD,
Staff Report
Memorandum No PZ-06-130
Page 2
BACKGROUND
Boynton Meadows, LLC, as part of the Meadows Homeowners Association, is requesting that the Master
Plan for Meadows P,U.D. be modified to accommodate an additional 34 townhouse units (see Exhibit "B'l.
The P.U.D. is located on the west side of Congress Avenue, south of Hypoluxo Road (see Exhibit "A"-
Location Map).
The subject Master Plan consists of a variety of residential housing types, such as single-family, cluster,
garden apartments and townhomes, accounting for 1,359 units on 220,11 acres of the total 287.31 acre
site. The original Master ~ was approved in 1978, with a total of 1,394 dwelling units. However, as
noted above, only 1,359 were ever constructed, leaving the potential for the construction of the remaining,
vested 35 units. Consequently, the applicant Boynton Meadows, LLC is proposing to carve out the north
7.966 acres of the 22.87-acre Tract G (Meadows on the Green Condominium), which is currently vacant,
other than a portion of a lake and walking trail, and construct 34 townhomes (see Exhibit "B" - Master
Plan), The associated site plan (NWSP 05-032) depicts the development of seven (7) townhome buildings,
arranged around the lake, in clusters of four (4) and six (6) units, while retaining and enhancing the
walking path amenity.
Chapter 2,5, Planned Unit Development, ofthe City's Land Development Regulations states that changes
in planned unit developments shall be processed through the Planning and Development Board and the
City Commission,
ANALYSIS
In the process of requesting approval for the 34 additional townhouse units, the applicant and staff
researched prior approvals and modifications to the Master Plan, including the type and number of actual
units constructed in each Tract (subdivision), in an effort to update the Master Plan to the fullest extent.
This request was reviewed for consistency with the P.U,D. development standards in the Land
Development Regulations, Chapter 2.5, Planned Unit Developments. The proposed request for the
additional townhomes appears relatively consistent with other development already existing within the
PUD and provides comparable setbacks to adjacent developments.
Based on the fact that the original Master Plan and Development Order were approved for a total of 1,394
dwelling units, and that the applicant is requesting to stay within that limit, staff finds the request justified
and recommends approval of the proposed Master Plan Modification necessary to accommodate the new
Tract "P" and its 34 townhomes. The more detailed aspects of the design and characteristics of the site
plan itself will be discussed further in the corresponding staff report (NWSP 05-032).
RECOMMENDATION
The Planning and Zoning Division recommends that this request for Master Plan Modification be considered
non-substantial and approved. Any conditions recommended by the Board or City Commission shall be
documented accordingly in the Conditions of Approval.
S:\Planning\sHARED\WP\PROJECTS\Meadows 300\Meadows Townhomes\MPMD OS-013\staff Report.doc
...
1 in. = 362.1 feet
Meadows Townhomes
)>
.j .....:..
~INER ROAD
p/~.D~D
L-211
Q
CXl
OlOJ
-c ~
E~ ~OJ
~ -I :II
enm
(j)m
.:!!
Z
o
:II
-I
:r:
i~ iii
. /'''
; ",';I
, ~ II'
ili
ill
!'il
;1'/
II/
il:
IIi
i': .--/ /
II/ _-./
I!t~- __
III-.~-.
;:1
1/:
I;;
!!;
1(1
I!~
t
!.Ii
,/1 ~
Iii ~
~!OJ
11' ~
1:1 ~
" ..
ii! ~
li. ~
iti .:..----;:=-::.~:o__~"'__=_::',_:"______:c_=_ ~--c-_-_=__=_:..-. -l_-19~~':-'::'~----=-~'-C:::'
/lJ" -.-'----'-.~~~:o_=__=_c:.:.....:.:_-_"_'.:.:.;_:_:,..:- ':__-=",~_~__'___
/ij
" ' .,:-:)
o
01
Z!
G):
:D!
m
~
i
....::E
~j=
cr
~z o. .......
~ =i ::E .-
. en OJ
~:II
00
..cO
'"
/.-------
\ /~~./
/// ~ ,,/./
/.F//
/----:-...
/ .
/
"':E
CXlm
CXlr
wCrz
~~ m .
1;-1 en /-...~-:.
en r /~. --
m / (
-=I-<!I,
~ '\, ',,_._~~-
"'~----'-~
'-----~-------...... \
, .
i
):oi
<i
fill
!
I I
; ./
1/ .I
,I /
, I
; I
,
, i
j J
/ /
./ /
o
;:~
~"'O
.~
:II
'"
~
'"
_Ci m
~~ en (()^
I; iii 'TI :r:
- 0/
~!. /
:r:
S
-"" :r:
"'~ en r
..z 'TI m
1;~ :II
" /
i:
,.~
;:'"
~m
!
I
,
_J
.," .
--': "::'00...
" ~ i i\":"'~'o~('~~.~.._~o:::
"I <' 1'/
i!~ Q))> ! ;: ~{/
:i, ~ -t l!a.\ll ('-,
ifi . ~~~~~(~ ~
u/ i1. \\~I;~
i!'r.../:D \\,\"
1:1, r.:~2S.____ ~,n
&.;~::..::.::...:..:~=~-~~o '
111 ii;
Iii il.
:1/ z i ~I
I!! hiQ i ~
~I ~i 'el
~I I ~i
Iii T I
III :: 1 i
li.c: FIlTURf' w.nD.c".~ 1
~~~~UTH~~1~AIW ---- --- -;$!) --
~
m
~
o
",oI
~:E
Den
!:lCO
~~Z
'-1
en-l
~:r:
G)m
~G)
:II
m
m
Z
$--.--
!
--I
HYPOLUXO ROAD
b~
FUTURE 108 R/W
. CANAL
too
~r
cO
~Z <
~-mo
I; cri :II
~OJ
enm
'TIZ
~O
"'0
,.~
~:II
0",
~~
i
!
,
'to~
/ ~ ~
;;;ZO~
t - 0 ::::.
1;~ :E
(j)~
.::!l~
o
(..)r
....0
C<
~~~O
~ -I m
encn
~ -I
cn~
, .::!l'-l :
i LGii ~~-=::i'::7---
,
/ /
~-':-F--'~---'----",,---:
-. i
'.. ,
IQ j
i~1
r
~~
....Z
IllCOm
"'zm
I;=i ~
enm
~ :II
cnm
.::!l
':::-=---:-:-:-_-.'------:---=-:::-c.--=...::..:....::.==-::--::::::-_~_=.__.,_!:_
.~
~
'"
m
~"'O
';)>
~:II
'"
<>
r
o
o
~
6
z
~
)>
"'0
.:
/~
....~
-;. ~~
~ G5 ~
~ ~'"
--Ili I
. --- -----z.---.J-__ __ ~
...
-1iCl.o.ft;;".
c>--
r-T~ :-;; -~ i
1 I rn ~ ~ ~ ~:
, (/)~!
.-1
I
I.. I
~j 'JJ ~ ~j~
L~~~_~_
,
I
- I
--.::c:;-- I
C::-~I
I
I
_____.___J
~ H:~O(/)i~!
~ >:I:r-n
... '~o 0 ~
~: I~~~~~
o I I'" 5 '" ~ c
-, ~ c:: 'l: (/)
fl ~l:l ;=m
~ I~! ~ -<. I
L' 'i
'N<:;t; -~~
i~ i ~ ~ ~ rn
;-~ I~:- '"
~E_~,__!~~
c
~
BOYNTON MEADOWS TOWNHOIAES LLC
34 UNIT DEVELOPMENT
/1',.... /~'.... ^, /~~.-/
_.f~ STEVEN L. COHEN
~ AND ASSOCIATES, P.A.
""w/ ~TI:c:T. -I~ D_.DN_
2941 W. CYPAE.. CREEK RD. aUJTE 1 Da
F"DRT LAUDERDALE. F"LDRIDA 3:13D.
PHa~.!.I1_~. g!..',,:'Dl~
"
z
'"
/',.....---./'-,- /""-.. /''- ,/"_.'/"-
;'!
>
z
WO ME.A.DOWS ()RClf.
BOY'<lON BEACh. FI.C'WA
PROPOSED MASTER PLAN
EXHIBIT B
EXHIBIT "e"
Conditions of Approval
Project name: Meadows PUD
FiJe number: MPMD 05-0J3
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\ WP\PROJECTS\Meadows 300\Meadows Townhomes\NWSP 05-032 Townhomes\MPMD 05-013\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: Meadows PUD
APPLICANT'S AGENT: Steven L. Cohen & Associates, P.A.
APPLICANT'S ADDRESS: 2941 W. Cypress Creek Rd. Suite 102, Ft. Lauderdale, FL33309
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 18, 2006
TYPE OF RELIEF SOUGHT: Request approval for Master Plan Modification of the Meadows P.U.D. to
update the master plan to accommodate the request for an additional
34 townhouse units.
LOCATION OF PROPERTY: Meadows (P.U.D.), west side of Congress Avenue, south of Hypoluxo
Road.
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:IPlanningISHARED\WPIPROJECTSIMeadows 300lMeadows TownhomeslNWSP 05-032 TownhomeslMPMD 05-013IDO.doc
S['"\V o~
i' ... ... .. '\
!. ...\
Cj '; . "...:...: ~
0' .. . -.,.
J..\, ... .... .. .... ;;
"V:;-' :'J~~
,'ON €>
VIII.-PUBLIC HEARING
ITEM F.
CITY OF BOYNTON BEA4
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] 5,2006 (Noon)
0 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] 9,2006 (Noon)
.--
0 May 16, 2006 May 1,2006 (Noon) r8J July] 8,2006 July 3, 2006 (Noon) --
.----
0 Administrative 0 Development Plans ".)
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM r8J Public Hearing 0 Legal
0 0 ...~ ~..:j
Bids Unfinished Business :-'- ., .-::=:P1
--
0 Announcement 0 Presentation .~_........J l'to
0 City Manager's Report
RECOMMENDATION: Please place this request on the July 18,2006 City Commission Agenda under Public
Hearing, to be removed from the agenda for re-advertisement. Subsequent to the Planning and Development Board meeting
errors were identified in the 400 foot boundary used for notification purposes, warranting correction and re-mailing of notices
for subsequent board, and City Commission hearings. For further details pertaining to the request, see attached Department
Memorandum No. 06-129.
EXPLANA TION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Meadows Townhomes (NWSP 05-032)
Steven L. Cohen & Associates, P.A.
Boynton Meadows, LLC
100 Meadows Circle
Request for New Site Plan approval for 34 townhomes and related site improvements on a
7.966 acre tract within the Meadows Planned Unit Development (PUD).
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
/~@<f
Developm~ep nt irector
(;JR0
Planning and 20 irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS eadows 300\Meadows Townhomes\NWSP 05.032 Townhomes\Agenda Item Request Meadows Townhomes
NWSP 05-032 7-] 8--06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-129
STAFF REPORT
FROM:
Chair and Members
Planning and Development Board and City Commission
Michael Rum~
Planning and Zoning Director
Ed Breese ~
Principal Planner
TO:
THRU:
DATE:
June 16, 2006
PROJECT NAME/NO:
Meadows Townhomes / NWSP 05-032
REQUEST:
New Site Plan
PROJECT DESCRIPTION
Property Owner:
Boynton Meadows LLC
Applicant:
Mr, Jonathan Agus
Agent:
Mr. Steven Cohen - Steven L. Cohen & Associates, P.A.
Location:
100 Meadows Circle, north of Meadows Boulevard,
approximately 2,500 feet west of Congress Avenue (see
Exhibit "A" - Location Map)
Existing Land Use/Zoning:
Low Density Residential (LDR) (4,84 du/ac) / Planned Unit
Development (PUD)
Proposed Land Use/Zoning:
No Change
Proposed Use:
Request site plan approval for 34 townhouse units
Acreage:
7.966 acres (346,978 square feet)
Adjacent Uses:
North:
Freedom Shores Elementary School, with a land use designation of Moderate
Density Residential (MODR) and zoned Single-Family Residential (R-l);
South:
Immediately south are developed condominiums in Tracts G & H of the Meadows
PUD (Meadows on the Green, fka Club Meadows), and farther south are the rights-
of-ways of Meadows Boulevard and Springfield Boulevard;
Staff Report - Meadows Townhomes (NWSP 05-032)
Memorandum No PZ 06-129
Page 2
East: To the northeast is Freedom Shores Elementary School, with a land use designation
of Moderate Density Residential (MODR) and zoned Single-Family Residential (R-l)
and to the southeast are developed condominiums in Tracts G & H of the Meadows
PUD (Meadows on the Green, fka Club Meadows); and
West: Developed single-family residential (Nautica Sound PUD), with a land use
designation of Low Density Residential (LDR) and zoned PUD,
Site Characteristic: According to the survey, the subject site is currently developed with only a 3.12-
acre lake and a portion of the pathway that borders the lake and continues onto
Tract G (Meadows on the Green Condominiums), Also, a bermed buffer easement
runs along the west side of the parcel abutting Nautica Sound PUD, along with a
10-foot wide FPL easement. The highest elevation is a point 17.79 feet above sea
level, located near the northeast corner of the property.
Proposal:
Concurrency:
Traffic:
Drainage:
School:
Driveways:
BACKGROUND
Mr. Steven Cohen, agent for Boynton Meadows LLC, proposes to develop the
subject property with 34 townhouse dwelling units. Approval of this project is
contingent upon the approval of the corresponding request for Master Plan
Modification of the Meadows PUD (see Exhibit "c" - Conditions of Approval). The
project also involves the slight reconfiguration of the lake and pathway amenities
and would be built in one (1) phase.
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. The City
received a letter from Palm Beach County Traffic Division, dated June 7, 2006,
indicating that the project is part of a pre 1990 approved PUD, and therefore meets
the Traffic Performance Standards of Palm Beach County.
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).
No confirmation of school concurrency has yet been received from the School
District of Palm Beach County, Therefore, no building permits may be issued until
the School District of Palm Beach County confirms that adequate capacity exists to
accommodate the proposed 34 dwelling units (see Exhibit "C" - Conditions of
Approval).
The site plan (Sheet A1.2) shows that one (1) point of ingress / egress is proposed
at the southwest corner of the property, running south through the Meadows on
Staff Report - Meadows Townhomes (NWSP 05-032)
Memorandum No PZ 06-129
Page 3
Parking Facility:
Landscaping:
the Green Condominiums and connecting to a short drive running west off of
Meadows Boulevard. This entrance / exit, when scaled from the plans, appears to
be approximately 44 feet in width, with four (4) 10 foot lanes and a landscape
island/median between. This drive is proposed to be gated from the condominium
complex immediately to the south.
The project consists of three (3) bedroom dwelling units, which require two (2)
parking spaces per unit. The project proposes 34 residential units and therefore,
would require 68 parking spaces. The applicant has provided 85 parking spaces, or
an excess of 17 spaces. The parking is proposed along the drive aisle in front of
each building. Parking spaces are dimensioned 9,5' X 18.5', with a drive aisle
dimension of 25 "
According to the site plan tabular data (Sheet A1.2), the proposed pervious area
would total 37,11% of the site. Additionally, 3,12 acres of the subject property
would be set aside for the existing lake centrally located on the parcel, The
landscape data (Sheet LP-2) indicates that 73% of the shade and palm trees would
be native. The landscape data indicates that 51% of the shrubs would also be
native. The plan shows that a bermed landscape buffer 18-feet in width exists on
the west perimeter of the property, abutting Nautica Sound PUD. This berm is
planted with areca palms in an effort to form a solid landscape buffer, Staff
recommends that any gaps within the existing buffer, due to missing or damaged
landscape material, be planted with areca palms similar in size, to re-establish the
landscape buffer (see Exhibit "c" - Conditions of Approval). A five (5) foot
landscape buffer is proposed along the north property line abutting Freedom
Shores Elementary School. The landscape plan indicates that the north buffer
would also contain areca palms to be planted at a height between 5 and 6 feet,
and the east buffer along the school is designed to vary in width to follow the
walking path around the lake and would contain Live Oak, Gumbo Limbo and
Orange Geiger trees, as well as Sabal palms, The south buffer abutting the
Meadow on the Green condominium complex is proposed to be planted with
Gumbo Limbo and Yellow Elder trees.
The typical landscape design around the townhome buildings consists of silver
buttonwood, firebush, and myrsine material/foundation plantings, thryallis,
fakahatchee grass and arbicola accent shrubs, along with Orange Geiger and Silver
Buttonwood trees and Alexander and Sabal palm trees,
Building and Site: The PUD regulations require that perimeter buffers and setbacks within PUDs must
mirror those in abutting development to ensure adequate separation between
buildings. The building setbacks in the Nautica Sound Planned Unit Development
to the west were approved with rear setbacks of 15 feet abutting the proposed
Meadows Townhomes parcel. As mentioned earlier, there is an existing 18 foot
bermed landscape buffer on the proposed town home parcel adjacent to Nautica
Sound. The closest any of the townhome units are proposed to Nautica Sound's
east property line is 20' - 5", at the northwest corner of the townhouse property,
with the aforementioned landscape berm in between. At the northeast corner, the
townhomes would be setback 28' - 8/1 from the Freedom Shores Elementary School
j
Staff Report - Meadows Townhomes (NWSP 05-032)
Memorandum No PZ 06-129
Page 4
Design:
Signage:
property line. Finally, at the south end of the property, the town homes are
proposed to be in excess of 110 feet from the first condominium building in the
Meadows on the Green complex,
The seven (7) townhome buildings, totaling 34 units, are arranged around the lake
in clusters of four (4) and six (6) units. The elevations show that the mean height
of the two (2) story homes measures to 25 feet tall and the peak of the roof would
be 31 feet - two (2) inches tall, well below the maximum height allowed in the PUD
zoning district of 45 feet. The project proposes the townhouse units as three (3)
bedroom/2.5 bath, with air-conditioned living areas ranging between 1.638 and
1,665 square feet.
Architecturally, the design of the buildings would probably be considered
"contemporary", with a blend of "colonial-style" features. The townhomes would be
two (2) stories tall, with a hip/gable roof combination. The proposed roofing
material would be a Certainteed shingle roof tile called "Fieldstone", which has the
appearance of a variety of umber earthtones, The elevations show that the
exterior finish of the walls would be textured stucco. The applicant is proposing
the following colors: The lower portion of the exterior wall area would be painted a
medium tan (Benjamin Moore - Beeswax #2157-40). The body of the wall area,
which contains the greatest portion of mass, would be painted a light tan color
(Benjamin Moore - Crisp Straw #2157-50). The accent moldings and fascia would
be a cream color (Benjamin Moore - Tudor Cream #2157-60). The columns and
decorative moldings at each doorway and decorative louvers would be painted an
ivory white color (Benjamin Moore - Ivory Tower#2157-70), Lastly, the doors,
shutters and decorative railings would be a muted green color (Benjamin Moore _
Aegean Teal #2136-40).
The applicant is proposing a monument sign, approximately four (4) foot tall by
eight foot in width, painted to match the townhouse wall colors, and black lettering.
The sign is proposed in the landscape island at the gated entrance to the site.
RECOMMENDATION:
The Technical Review Committee (TRC) has reviewed this request for new site plan approval. Staff
recommends approval of the site plan, subject to approval of the associated master plan modification
(MPMD 05-013) and satisfying all comments indicated in Exhibit "c" - Conditions of Approval. Any
additional conditions recommended by the Board or City Commission shall be documented accordingly in
the Conditions of Approval.
s:\Planning\shared\Wp\Projects\Meadows 300\Meadows Townhomes\NWsP OS-032\Staff Report.doc
.
1 in. = 362.1 feet
Meadows Townhomes
Exhibit A
", ".--
;'jJ-
I:! ~-f~~O-~i"1I0Ill'i{_~ . /~/i (j) /--
< . I!! '-, <1_110 __--/- -;. ~ 2 (
,<, ....... I I: ~-' " ____ --or ~ r"\:tJ
'1', 0"" I h )(" 'f) ..." m r:::;;;
" 15-1 ,'!." ! ! ~Iil "
ii/ ~,~\"~ ~ ~ i--------~-'--~
iil rj~ ~~t~ I\) 8:r: !
II;' r --?;; -'e-~ 0"" :E .
':-\ ----~ 'I I en I
JU-'-::c----=--'--~:';9 ' g Cz 0 "
f!1 I: ; r;
I!!I · i~1 .~~
I j.11 !i I.EI ~ ~
i ~I 6 'kl ~
i Iii Ii; I
I I" i: 1 i
I t::.~=_ __ ":t w,()j)'~_":::Lj__
_J ~--'FiiME soUiHRiWilNE .'08 F\'N --
/
j
(
\
(
\
?
\
~
(
;
>
\
(
>
!
\ -/
(
"
\,
.....,
;,\,
MINER ROAD
-LW.O,l>
L-20
z
o
:II
-f
:r:
'"
.,
;':
iU
I
I
i
r---~-
:
HYPOLUXO ROAD
,.__//",.._---~/~\,
f
/.,- /'- /'--
BO'rNT(}j ILAOOWS TOWNHOI.tfS ttC
34 UNIT DEVELOPMENT
~oo MEADOWS CeClf.
BOY'< toN HEAL);. flC~:OA
FUlUAE '08 RIW
, CAiiAl
,
.,
~"tl
~~ "
^
~_i,....,
j
\
I I
'......
))
r!i~1 ~~l
'. I '" ~ ~ I'
, . I
i ; I
I
: , !
I... : ,
~, ; I
.. ~ ~---J1t---- 'Ji
~!~i'lpoiil~
I~ -2:~i::
L_...~___..
/""...... ./~,
/.-'m/'. /'--...-
"- -.-Q
r
0'
()
~
5
z
s::
:>
"tl
I
, ~-I
. _ _1_=1
~ :--T-j
~ i ~ 1 P 1<<
~ i~i~!~
21: ,i~~"c:
i. I ~ f:l ~ m
~ I~i I I
~~,.-e-;ijigi
L::J! lSl .. ~ fJI
'_it_~!_~ ~J
...
EXHIBIT B
Hj
[--" ~~.
: ~ z
~ .
I
,I
~EB
/
I l3 80 i
NI AlCl3dOCld
9<;i'9 8l
dl ,,9/<; ON..:!
I~
."
,~
4a
!"i1 ~
6:; ~
.b~ ~
~i. ..
j", 0 i
\9 _':-_oc..~k.l
~~
I~;' I r ~ ~.-tjr~'f"
4 " ru!,
~ - i ~ ':'~~::'~o~bi~"'~
I (K n .?0l8
9gT I ~jj
clm8 3JN'INJINl'iI~
).Cl01S 3l::JNIS ::J!;J11SIX3
NO!1JmI1SNOJ
JO 111'111
Lv 3dOlS 30lS
~.l- lJ 1'101108
3 >ilil JIi G l C
J >ilil
I"
i.
/ ~~lN3rt]'S'l']]':>rt'l
:~ .0- ,OlNlrl
\'\
\\
)'
i
/
i
!
lI)
~
~
C:ti
"0
\()
~'
Q)
Q)
0,
\()
C)
(i..:.:
',I
I i I
I
\ ~ !
II
,
I
!
I
.~ I
"'"
x;u
0~
'"
0'"
~:<
Zr
c~
Z
^
"
'"
z
o
'"
!;. ;
(i, !\
\ ,\ .;\ I
\ \ \\ . 1/' I /
_' \ \" "'-. / / /dAJI
\ :"_'~~N3l;~~)IV1_~. -,-/ _.<;>
!'" .'",\~<-. :ttt"l__~~_;//
ij~~~:~?~:~:- /
(d.u) 3l0d lH::JIl-
3JN3J
>iNIl NI'IHJ
::lNlllX] Nt 31'1~
lN31'l3S'I3 .;i
NOll'11S UIl r
.OP.OI: 03S0dOCld. -I t.
I. S3~03H7 .
BO'tNlON NEADOWS lOl't1fiOWES LtC
34 UNIT DEVELOPMENT
100 IIEADOWS ORal:
BOYNTON BEACH. FlORIDA
. STEVEN L. COHEN
AND ASSOCIATES, P.A.
~.~~-
2941 W. CYP"IE.. CREEK flo. .UIT't 'Cla
,-aRT LA",DERDAUE:. F'LDRlDA :lI:l3De
"=~.!..':':i!'!..''':~.~
----,
~
,"f31S.J.S 3iV'J !
YnlSJ'~, "DUl
N::lIS ClJ1N3 1lAJ
N~IS 1H::JI~ c3T,
..,.''1/Z 01 IIJJ3d W)I'
,o01S N::lIS
riAl ~'7'8 dU 1',
(dAl) dl~H'
<J01'l<J3d3S 3NI-l
(dAi) 310d lHClI'
dJ2d
.,1 L ::ld .996.
8 <J 0) lN3f~S'IJ
-I "dj .0 I
3l0J 1HCJIl
- (dA1) 3l0d 1H::lll
--- - 1N31'l3S'I3 30lS
<J3Hl/3 .9 3^'1H 01
Nn<J <J3M3S )'<J'tllN'IS
lN3Vi3S'I3
30lS <l3H113 .9 3MH
01 Nn<J SNI'I~ <J31'lM
- -- 3<JnSOlJN3
1J31Sdl'lnO M3N
"( J).J) 310d 1H::lll
'"
Q)
~'
S31<J't^ 1H~'3H
11'lM ::JNINI\f13<1
mSOdOCld
(d).J) 3l0d IH911
'0'0
C~
0'0
o
'Olf)
):8
-I
'0
-j ):
25-1
o
'1
'"
v,
C)
c:::-,
~
z
)>
-~ (dAI) 3l0d 1H81l
()
)>
lf)
o
c
z
o
---lN31'l3S'I3 301S Cl3Hl13
.9 3^'1H 01 Nn<J
NI'IClO <l31'lM 1'l<J01S
- Co_ -- (d).J) 3l0d 1H::Jll
- . ---- oD8d '9vl:'
~d .v I <;68C10)
lN3ViS'I3 Cl3JJn8
::ld .996t
"'dj .01
3C1nSOlJN3
<J31SdVinO M3N
(dAl) 3l0d 1H::lll
.~
EXHIBIT B
~~
Ie>
.g
.::0
fa.
."
~
."
~
.;~ J
~. /}=t5
I!~ I i~ ; ,I
. ,...- . 'S
'y.:!;~~. '
!. ~' 'X:.,!-4:_.......
" ~:- -;;,:-:-:-~';- ~'-".!'-~ . ",
r=-=-Ef
j-~------
~
" !..j'~
;:s '[0.
~ Q. .~ ---- ,,-
-. .... .=.r::.o.:/
-.. .j"
- , 'r=!:",
:F-"
r' i~
::f:
!'
11
-"'" -'l---~l"
I I :
:7- ';' ~
r '.
- "~.\.~"'
'Tl;; /'=
I. ".' ,
! y. ~
,~r:'-~' :~~
Ir~:4i~
/11/;; ,- i~
:. (, r-
I I '
il
L-
f.~
!!
ii':~~-
!.:...!D
,t
j
~ :::: ':i =li'jUi '.!a
: ~ a<O ..~ f h~ii ~i!
~ '; !~r ~~ il;~m !~
~ ~ ~ "J!E~~! ~l
ift~~~t i~
~!a~ i~ ...
~~ 'i v
f
I~
· --lo.
BO'i'NT()IlIEAOOWS 1OllNHOIlES LtC
34 UNIT DEVElOPMENT
100 lIEAOOWS CIRClE:
BOYNTON BEACH. R(JlIDA
fa'
,a
if.
o
"
;~.
l~
I',
i
~
~
g
?;:
~.>.~
'I !i>W
I
;~,
f
.c
'!"
C
~
W
ID
i; ~
f ~~ ~ A
.J ~~ ~ ~
"
& ~
;,~ =:J ,',
...2' rl, I
~.'1
~ '~~
,
~
~ !
l!t ;
'. ,
-"-,--'>":'" ~--'--.:OO
~ ~ ~
(' !if ~.
" c '" '"
g i
seseeG~
IlflUUUU!
I ~IiHIiUI i
~~Irr i
~ ~ 1 !i>~
~~ :I:
1;1. &'
~ ,
~
EXHIBIT B
j
I~
.c...,
J"
_Ii
, ~
,ro
.,
~.
o
~
,. ~ ~~.
, ^ 2:,
,: : .
~ 0 J~
n
~~
. .
?~.'.+
~)DtiI. ;
. ,~-
, "-<J.e!
,- -j'
.. .'\'
.9:-.:-_a:_ ~
(?i
~V
~
;,
l'
!;
'"
1i
..
m
~
!!
~r
~
I
..
~
.,1
.-/'
....fT1
=dr
,fT1
<
al)>
c:::!
zO
::;z
"'Ill
I
I
I
.~. ". > ..: !il>m: ~~~ ~
?E ~;;: ,;~ n I~ii ~ii
\ ~~~ :~:- .i~~ ~1
.' . .L. _0 ~~
e:: ~ ~~~ilg~. it
". ~ "H.~~i ..
" il Ei:= ~g
il11.'~ ~~
, ."i !il
i. .~
ee0eee8
~S U nun Ii !
~! U ~i n ii n i
~~~~l i
BO'lN1CH I4EAIlOWS 10llllH0MES LLC
34 UNIT DE\UOPI.4ENT
. 100 M[AIlOWS C1RaI
BOYNTON BEACH, flORIDA
b
~* ;, @ ?~
.~ t , .:
. ~..' r ~~
~
Ja
.a
~m
i
gf,
,
l
> CJ
8:B
l. e}I'_Q~
~~o_e
~ ~\
\}~
Ii> 'j/
~
~
!':t'
~m
<
""
o
::>
!i ~
'_:~ .' e.
:e
'!
~
/
j
i
, I
I
I
..
;i;
.'f'
',-:1
b
r
>
~. {~
. STEVEN L. COHEN :-;.- .....;.l': ::..--........."
AND ASSDCIATES, P.A. .. i::;.--
AJKJHrTan..~~
2941 W. CYfI'RE... CR&EK liD. BUtTE. 'Da
F'ONT LAUDERDALE, I"'LDIlIDA aaaD.
~HO~~.~~ .!..'~~.~ -
EXHIBIT B
Conditions of Approval
New Site Plan
Project name: Meadows PUD
File number: NWSP 05-032
Reference: 3rd review plans identified as a Maior Site Plan Modification with a May 26, 2006 Planning &
Zoning date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments:
1. Conflict between Gumbo Limbo (BS) and dumpster enclosures. Relocate X
BS or replace with non-canopy trees, based on necessary revisions to
Landscape plans.
PUBLIC WORKS - Traffic
Comments:
2. Add signage identifying resident and visitor lanes. X
3. Identify call box location on plans. X
ENGINEERING DIVISION
Comments:
4. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
--
5. Please note that changes or revisions to these plans may generate additional X
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.
6. 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.
7. Provide written and graphic scales on all sheets. (Landscape Plans) X
8. Photometric plans does not agree with Landscape, Site and Civil plans for X
light pole locations - please correct. Staff recommends increasing the
number of poles and reducing lighting intensity to provide overall lighting
levels closer to I-foot candle average. Most of the site is well in excess of
the 1 foot candle required, with "hot spots" of 10 foot candles plus in the
immediate vicinity of proposed light pole locations.
9. Revise Landscape plan to reflect site plan changes (i.e. dumpster enclosure X
orientation, light pole locations, etc.).
10. 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.
COA
06/23/06
2
I II
DEPARTMENTS INCLUDE REJECT
II. 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:
12. Please provide a detailed timeline that clearly illustrates when water and X
sewer services will be required to serve the proposed project. Your starting
date for the time line 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 time line 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. Need
dates prior to Planning & Development Board meeting.
13. All utility easements shall be shown on the Landscape Plans (as well as the X
Water and Sewer Plans) 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. Relocate light poles and canopy trees
out of utility easements.
14. Palm Beach County Health Department permits will be required for the X
water and sewer systems serving this project (CODE, Section 26-12).
15. 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 msurance underwriters,
whichever is greater (CODE, Section 26-16(b )), at the time of permitting.
16. 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.
17. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X
water. As other sources are readily available City water shall not be allowed
for irrigation.
18. Water and sewer lines to be owned and operated by the City shall be X
COA
06/23/06
3
DEPARTMENTS INCLUDE REJECT
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). Easement shall be centered on the sanitary sewer
main and width shall be determined by using two (2) times the depth of the
sewer line. Easement widths will be finalized at the time of platting and
permitting.
19. 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.
20. 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.
21. 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:
22. 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.
23. 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.
COA
06/23/06
4
I II
DEP ARTMENTS INCLUDE REJECT
24. 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 (psi) on the plans for the building design.
..
25. 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.
26. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
27. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X
not, therefore, be used for landscape irrigation where other sources are
readily available.
28. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the
permit shall be submitted at the time of permit application, F.S. 373.216.
29. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
. 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 numberls
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)
30. 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.
31. 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 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 numbers 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.
COA
06/23/06
5
DEPARTMENTS INCLUDE REJECT
. The total amount being paid.
(CBBCO, Chapter I, Article V, Section 3(f))
32. 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.
33. 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 RECREA nON
Comments:
34. All shade trees must be a minimum of 12' feet to 14 feet in height and have X
a three (3) inch caliper at DBH (4.5 feet off of ground).
FORESTER/ENVIRONMENTALIST
Comments:
35. The Landscape Architect should tabulate the total existing trees on the site. X
The tabular data should show the individual species of trees proposed to
remain in place, be relocated throughout the site, or removed / replaced on
site. All desirable species of existing trees must be relocated rather than
removed if the trees are in good health. These trees should be shown by a
separate symbol on the landscape plan sheets Ll- L5. [Environmental
Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.J
Plant Material Sheets LP-l.2 X
36. All shade and palm trees listed must be shown in the description as a
minimum of 3" DBH (4.5' off the ground) [Environmental Regulations,
Chapter 7.5, Article II Sec. S.C. 2.J
37. A Lake Maintenance Plan document must be provided for the proper X
maintenance of the lake plantings. A time zero and quarterly monitoring
report for two years is required of the developer.
38. 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
hed.e;e plants on three sides.
39. There is no irrigation system desi.e;n included with the site plans. The X
COA
06/23/06
6
I I II
DEPARTMENTS INCLUDE REJECT
irrigation design should be low-flow for water conservation. All shade and
palm trees should receive irrigation from a bubbler source. [Environmental
Regulations, Chapter 7.5, Article II Sec. SA.]
PLANNING AND ZONING
Comments: --
.
40. It is the applicant's responsibility to ensure that the new site plan is publicly X
advertised in accordance with Ordinance 04-007.
41. Approval of this site plan is contingent upon approval of the accompanying X
request for Master Plan Modification. I
42. Provide copy of the recorded ingress/egress easements that provide access to X
this project at time of plat.
.~.~
43. The project must obtain approval from the School District of Palm Beach X
County regarding school concurrency prior to the issuance of a building
permit.
--
44. Provide response from the school regarding potential access for school X
children in the neighborhood via a gate in the fence and improved walkway. !--------
X
45. Landscape drawings indicate an existing 1 8 foot tall Areca Palm buffer
along the west perimeter. Any gaps in the landscaping shall be filled in with
like-size Areca Palms and this buffer shall be dense, so as not to allow
headlights to show through.
46. All trees, if proposed as trees, must be at least 12 feet in height and three (3) X 1
caliper inches at the time of their installation (Chapter 7.5, Article II,
Section 5.C.2.).
47. Staff recommends screening the at-grade A/C units proposed behind each X
unit with native hedge material. .---
48. Provide information on the parking for the project to the south to ensure that X
the loss of two (2) parking spaces to create the entry drive to this project
does not adversely affect the required parking for the previously approved
project. .--
49. The project appears to lack the customary recreational amenities. If you X
intend to utilize facilities located elsewhere within the PUD, please submit
letter of authorization.
--
50. The applicant is responsible for compliance with Ordinance 05-060, the X
"Art in Public Places" Program and must demonstrate their participation.
COA
06/23/06
7
I
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
MWR/sc
S:IPlanningISHARED\WPIPROJECTSIMeadows 300lMeadows TownhomeslNWSP 05-032 TownhomeslCOA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Meadows Townhomes
APPLICANT'S AGENT: Steven L. Cohen & Associates, P.A.
APPLICANT'S ADDRESS: 2941 W. Cypress Creek Rd. Suite 102 Ft. Lauderdale, FL.33309
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 18,2006
TYPE OF RELIEF SOUGHT: New Site Plan approval for the construction of 34 townhouse
dwelling units.
LOCATION OF PROPERTY: 100 Meadows Circle, north of Meadows Boulevard, approximately 2,500
feet west 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\Meadows 300\Meadows Townhomes\NWSP 05-032 Townhomes\DO.doc
['.'OJ.'
, . ... .. '"
I ,-- ~
i
lJl\ ... .. ...
0\... .... ...... ;:;
~~>-J
ON
XII. - LEGAL
DEVELOPMENT
ITEM A.I
CITY OF BOYNTON BEACl
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Tumed Requested City Commission Date Final Fonn Must be Tumed
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)
D 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) !ZI July 18, 2006 July 3, 2006 (Noon)
D Administrative D Development Plans
] '.-i
NATURE OF D Consent Agenda D New Business __J-<
AGENDA ITEM D Public Hearing !ZI Legal
D Bids D Unfinished Business
'~_- I
D Announcement D Presentation -~~."90 ~"..-
D City Manager's Report --..
-,._-~
C-.)
.......~~
~~~_:! ~~:: ~<~
RECOMMENDATION: Please place this request on the July 18,2006 City Commission Agenda under'lJ~gal,' ;0
Ordinance - Second Reading. The City Commission approved the subject request on July 5,2006, under Public Hearing ana
Legal, Ordinance - First Reading, with the elimination of condition of approval #1, as the condition has been satisfied. For
further details pertaining to the request, see attached Department Memorandum No. 06-084.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Coastal Bay Colony (ABAN 06-002)
Carlos J. Ballbe, P.A.
Southern Homes of Palm Beach, II, LLC
Southwest comer ofSE nrd Avenue and Federal Highway
Request to abandon a ten (10) foot wide utility easement at the southwest comer of the
property .
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Devel ent Department Director
pb~ z-z;,g ~,- City Attorney / Finanee / Hwrum R",o",ee,
S:\Planning\SHARED\WP\PROJECTS\Southern Homes of Palm Beach\Coastal Bay Colony\ABAN 06-002\Agenda Item Request Coastal Bay Colony
ABAN 06-002 7-18-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
ORDINANCE NO. 06- DfcD
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING ABANDONMENT
OF A PORTION OF 10 FOOT WIDE UTILITY
EASEMENT, LOCATED ON PROPERTY NEAR THE
SOUTH\VEST CORNER OF SOUTHEAST BRO
AVENUE AND FEDERAL HIGH\V A Y, SUBJECT TO
STAFF COMMENTS; AUTHORIZING THE CITY
MANAGER TO EXECUTE A DISCLAlMER, WHICH
SHAI~L BE RECORDED \VITH THIS ORDINANCE IN
THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Southern Homes of Palm Beach, II, LLC, is requesting that the City
abandon a 10 foot wide utility easement located on the Coastal Bay Colony plat subject to staff
comments; and
WHEREAS, comments have been solicited from the appropriate City Departments, and
public hearings have been held before the City's Community Redevelopment Agency. and the
City Commission on the proposed abandonment; and
\VHEREAS, staff finds that the utility easement no longer serves a public purpose, amI
the City Commission adopts that finding.
NO\V, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby
abandon a 10 foot wide utility easement located on the Coastal Bay Colony plat, subject to staff
comments. The property being abandoned is more particularly described as follows:
A portion of the SE one quarter (SE Ji4), Section 33, Township
45 South. Range 43 East, City Of Boynton Beach, Palm Beach County,
Florida being more particularly described as follows:
Commence at a point being on a line 385.56 foot South of the North
line of the said Southeast one-quarter (SE %) as intersected with a
line being 33.00 west of parallel with the centerline of South
Federal Highway (US Highway No. I) as shown on the Florida Department
of Transportation right of way map, section 9301-205-93010-2501 State
S:\CA rdinances\Abandonments\Coastal Bay Colony. doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Road No.5, sheet 3 of ]0; thence South 04033'08" West along said
parallel line, 100.00 feet to line being 485.10 foot South of and
parallel with North line of the said Southeast one-quarter (SE lit):
thence South 89004'23" West along said parallel line, 295.00 feet to
the point of beginning: thence continue South 89004'23" West along said
parallel line, 55.00 feet to a line being 25] .25 East of and parallel
with the West line of the Northeast one-quarter (NE ~), of the South
east one quarter (SE ~), of said section 33: thence North 01030'00"
west along said parallel line, 99.55 feet to line being 385.56 foot
South of the North line of the southeast one-quarter (SE]/4) of said
Section 33: Thence North 89004'23" East along said parallel line, ] 0.00
feet: thence South 0] 030'00" East 89.55 feet; thence North 89004'23"
East, 45.10feet: thence South 00055'37" East, 10.00 feet to the point ofbegilming.
Said lands lying in the city of Boynton Beach, Palm Beach County, Florida,
containing 0.033 acre (1,445 .98 square feet) more or less.
A location map is attached hereto as Exhibit "A."
Section 3. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
of Palm Beach County, Florida.
Section 4.
This Ordinance shall take effect immediately upon passage.
S:ICA rdinanceslAbandonmentslCoastal Bay Colony.doc
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
2P
29
30
31
FIRST READING this 5__ day of . JLL 1 'f
SECOND, FINAL READING AND PASSAGE THIS
.2006.
day of
2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
S:\C rdjnances\Abandonments\Coastal Bay Colony. doc
DISCLAIMER
KNO\V ALL MEN BY THESE PRESENTS that the City Commission of the City
of Boynton Beach, Florida, does hereby abandon a 10 foot wide utility easement located on
the Coastal Bay Colony plat, subject to staff comments. The property being abandoned is
more particularly described as follows:
A portion of the SE one quarter (SE %), Section 33, Township
45 South. Range 43 East, City Of Boynton Beach, Palm Beach County,
Florida being more particularly described as follows:
Commence at a point being on a line 385.56 foot South of the North
line of the said Southeast one-quarter (SE %) as intersected with a
line being 33.00 west of parallel with the centerline of South
Federal Highway (US Highway No.1) as shown on the Florida Department
of Transportation right of way map, section 9301-205-93010-2501 State
Road No.5, sheet 3 of 10; thence South 04033'08" West along said
parallel line, 100.00 feet to line being 485.10 foot South of and
parallel with North line of the said Southeast one-quarter (SE %):
thence South 89004'23" West along said parallel line, 295.00 feet to
the point of beginning: thence continue South 89004'23" West along said
parallel line, 55.00 feet to a line being 251.25 East of and parallel
with the West line of the Northeast one-quarter (NE %), of the South
east one quarter (SE %), of said section 33: thence North 01030'00"
west along said parallel line, 99.55 feet to line being 385.56 foot
South of the North line of the southeast one-quarter (SE1I4) of said
Section 33: Thence North 89004'23" East along said parallel line, 10.00
feet: thence South 01030'00" East 89.55 feet; thence North 89004'23"
East, 45.1Ofeet: thence South 00055'37" East, 10.00 feet to the point of beginning.
Said lands lying in the city of Boynton Beach, Palm Beach County, Florida,
containing 0.033 acre (l,445 .98 square feet) more or less.
S:\CA\Ordi ceslAbandonmenls\Coastal Bay Colony.doc
IN \VITNESS \VHEREOF, the duly authorized officers of the City of Boynton Beach,
Florida, have hereunto set their hands and affixed the seal of the City this _
day of
,2006.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
Janet Prainito
City Clerk
Kurt Bressner, City Manager
STATE OF FLORIDA
)
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
.lanet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach,
Florida, known to me to be the persons described in and who executed the foregoing
instrument, and acknowledged the execution thereof to be their free hand and deed as
such officers, for the uses and purposes mentioned therein; that they affixed thereto the
official seal of said corporation; and that said instrument is the act and deed of said
corporation.
'WITNESS my hand and official seal in the said State and County this ~__ day of
,2006.
NOTARY PUBLIC, State of Florida
My Commission Expires:
S:\CA\Ordj ces\Abandonments\Coastal Bay Colony.doc
..
~ I
I
1 in. = 154.0 feet
Coastal Bay Colony Exhibit A
I I ./
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 06-084
FROM:
Chair and Members
Community Rede:elop~e~ Agency Board
Michael W. Rumpf~
Planning and Zoning Director
Ed Breese ~
Principal Planner
TO:
THRU:
DATE:
May 22, 2006
SUBJECT:
Coastal Bay Colony - Abandonment of a utility easement
ABAN 06-002
NATURE OF REQUEST:
This request to abandon a portion of a utility easement was submitted on December 30, 2005, The
applicant, Carlos J. Ballbe, agent for Southern Homes of Palm Beach II, llC, is requesting to abandon a
ten (10) foot wide utility easement located on the Coastal Bay Colony plat. It is described as follows:
Commencing at a point being on a line 385.56 feet south of the north line of the said southeast
one-quarter (SE Y4) as intersected with a line being 33.00 westof and para/leI With tfte centerfil7e
of South Federal Highway (U.S, Highway No.1) as shown on the F/orida Department of
Transportation Right-of-way map, Section 9301-205-93010-2501 State Road No. 5, Sheet 3 of
10; Thence South 04033'08" West along said para/Ie/line, 100.00 feet to line being 485.10 foot
south of and parallel with north line of the said southeast one-quarter (SE !4) ; Thence South
8900423" West along said parallel line, 295.00 feet to the point of beginning; 7l1ence continue
South 8900423" West along said parallel line, 55.00 feet to a line being 251.25 east of and
parallel with the west line of the northeast one-quarter (NE !4), of the southeast one-quarter (SE
!4), of said Section 33; Thence North 01 030'00" West along said parallel line, 99.55 feet to a line
being 385.56 foot south of the north line of the southeast one-quarter (SE !4) of said Section 33;
Thence North 8900423" East along said parallel line, 10 feet; Thence South 01030'00" East,
89,55 feet; Thence North 8900423" East, 45.10 feet; Thence South 0005537" East, 10,00 feetto
the point of beginning. Containing 0,033 acre (1,445.98 square feet) more or less.
The location map attached as Exhibit "A" shows the general vicinity of the utility easement to be
abandoned, The attached Exhibit "B" shows the location of the proposed abandonment and its legal
description, while Exhibit "c" depicts an enlarged/detailed version of the proposed abandonment.
The following is a description of the zoning districts and land uses of the properties that surround the
subject easement.
(see Exhibit "A" - location Map)
North: Developed lots within the Coastal Bay Colony PUD, then farther north developed
commerdal property (Sunoco gas station) classified Local Retail Commerdal (LRC) and
zoned C-3 (Community Commercial);
Page 2
Memorandum No. PZ 06-084
ABAN 06-002
South: Developed commercial property (dental office) classified Local Retail Commercial (LRC)
and zoned C-3 (Community Commercial);
East: Developed lots within the Coastal Bay Colony PUD, then farther east right-of-way for
Federal Highway then developed multi-family residential (Hampshire Gardens
condominiums) designated High Density Residential (HDR) and zoned R-3 (Multi-family
Residential) ;
West: The SW Corner of the Coastal Bay Colony PUD Plat, then farther west developed
residential property (Los Mangos) designated High DensIty Residential (HDR) and
zoned R-3 (Multi-family Residential).
BACKGROUND:
Coastal Bay Colony is a Southern Homes project located just south of Golf Road (SE 23rd Avenue), on the
west side of South Federal Highway. The Coastal Bay Colony site plan, approved by the City Commission
on February 18, 2003, authorized the construction of 64 fee-Simple townhouse units on 4.34 acres. As part
of that approval, the applicant proposed to relocate utilities to make better use of the parcel. As a result,
a 10-foot wide utility easement, in an "L" shaped configuration at the southwest corner of the property
and containing a sanitary sewer line, became unnecessary once the line was relocated, The plat for the
PUD was subsequently adopted, with a notation that the easement was to be abandoned. The applicant is
now formally requesting the abandonment of this easement that was originally contemplated,
ANALYSIS:
Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the
easement to be abandoned, all utility companies have been notified and the request has been advertised
in the newspaper. A summary of the responses from the utility companies and city staff is as follows:
The following responses were received from the affected parties:
CITY DEPARTMENTS
Engineering
Utilities
Planning and Zoning
No objection
No objection
No objection
PUBLIC UTILTIY COMPANIES
Florida Power and Light
Bell South
Florida Public Utilities Company
Cable Company (Adelphia)
Cable Company (Comcast)
No objection
No objection
No response as of this date
No objection
N/A
Page 3
Memorandum No. PZ 06-084
A8AN 06-002
RECOMMENDATION:
Staff recommends that this request to abandon the "L" shaped, ten (10) foot wide easement as described
above be approved with the condition of approval that the applicant provide a letter of no objection from
Florida Public Utilities (FPU). Any conditions recommended by the Community Redevelopment Agency
Board or required by the City Commission will be placed in Exhibit "0" - Conditions of Approval.
S:\PlannIng\SHARED\Wp\PROJECTS\SOuthem Homes\Coastal Bay Colony\ABAN 06-l102\Statf Report.doc
.
. 1 In. = 154.0 feet
Coastal Bay Colony Exhibit A
., .....
EXHIBIT B
LEGAl [ISCRrPTl~1
A PORTION or 1HE SOUTHEAST ON(-OOARlER ISE 1/.0, SECTlOtf 33. TOl'lSfflP
"5 SOUTH, RAIlGE ", EAST. CITT Of BOYNTON BEACH, PAlM SEAOf COUNTY,
FLORIDA BfING L()RE PARlICtJl..ARl.Y DESCRIBED AS FOlLOWSI
CO_Net AT A POINT BE IHG ON A lit( J85.56 FOOT SOllTH (f THE NORTK
LINE Cf TH( SAID SOUTHEAST ONE'OUMTER ISE 1/t0 AS INTERSfCTED 11TH A
LItlE BEING 33.00 WEST OF ANt) PARAlLEL 11TH THE CENTERlltlE Of SOUTH
FEDERAL HIGHIAY IU.S. HICHWAY 110. II ~S SHOWN ON THE flORID" OCPARTIEHT
OF TRANSPORTATION RICIn cr .,u twJ, SECTlON 9'OI'ZOS-'JOIO-2501 STATE
ROAD No.5, SHEET 3 OF 10. TH[tfCE SOUTH O~'33'08. lEST ALDNC SAID
PARALLEL LlftE, 100.00 F(H TO LINE BEING ~8).IO FOOT SOOTH OF ~
PARAllEl 11TH HORTH L UfE (J' TJtE SAID SOUTHEAST ONE 'OUARTER I SE II~ h
THEHCE SOOTH 89'tW23 - lEST AlONe SAID PAIUlLEl LIME, 295.00 FEtTTO
THE POINT OF BEGINNINGl TI€NCE CotiTJtlJE SOUTH 89'04'23- lEST ALONe SAID
PAIlALLEl LINE. 55.00 FEET TO A LItE BEING 251.25 EAST OF Nfl PAIUllEl
.[TN nl IlEST LItE OF' THE NORTHEAST M~AR1'ER (IE 1/4 I. OF THE SOUTH.
EAST M -OOARTER ISE I/~), Of' SAID SECTION 33. THE~CE ~TH 0'-30'00'
lEST jlcm SAID PARALLEL LINE, 99.55 FEET TO A lU( BEING 385.56 FOOT
SOUTH CJ' THE NORTH litE (J' THE S<<lTl€lST IK-OUMTER CSf: I/.U Of SAID
SECTl~ 33l THD<<:E NORTH 89-04 '23. EAST AlONG SAID PWlLEL LJNE. 10.00
FEn. TH(JIC( SOOTH 01'30.00. UST, 89.55 FEET, THEttCE OTtf .9-CH.23-
EAST, 45.10 fEET. THENCE SOUTH W5S'37' EAST. 10.00 FUT to THE POINT
OF 8EGINNINC.
SAID LAHOS LYIf<<i IN Tit: ClfT OF BO'tNrOll HACH. PAUIIIEAOI COUlUl.
FlORIDJ" CorcUINING 0.033 ACRE (1,"45.18 SQUAR{ FEEn MORE m LESS.
SURVEYOR'S NOrESl
I. NOT VALID WITHOUT TflE S)(iHAlURE AND THE ORIGiNAl RAISED SEAL Of i FlORIOt,
liCENSED SURVEYOR ANO NAPPER. _
2. ADDITIONS OR DElETIONS 10 SURVEY MAPS OR REPORTS BT OTHER THA" THE SIGNING
PARTY OR PARTIES IS PROHBITED I[THOUr IIUTTEN C~NT OF THE SIGNING
PARTY OR PART IES.
3. LAt()S SHOWN HEREON WERE NOT A8STRACTrD FOR RI CHTS-or -IAT , [ASO(NT$,
OmtR$H(P, OR OTHERiNSTfltn.e(TS CFRECORU.
~> eEL~lNGS SHO~ ~EREON ARE RElATIV[ TO AN ASSUWED B(ARING Of NORTH 89-04'23-
WEST ALONG THE teORTH Ll~ Of THE SOUTHEAST (K -OOARTER t SE 1141 Of SECT I me
33, TOWNSHIP ~5 SOUTH. .3 EAST,
5. THE LEGAL DESCRIPTION HEREON WAS PREPARED BY Tl{ SURVEYOR.
&. THIS SKETCH IS KOT A BOUNDARY SURVEy AS SUCH.
II
I
i
=J:
I
.
t
-Ii
~
,
.
I
,
I
I
lQ
NOT TO SCALE
lOCA nON SKETCH
SURVEYOR'S
I tlE~EB'f'
PROPERTY
OEltNEATE
IEETS "
PROfES'S I
CODE,
'l'JONS N
AT THE ATTACHED SKETCH or DESaUPTl~ OF THE HEREQM DESCRIBED
lED 10 THE BE ST (f Mf ltNOIlEDCL BEL I EJ: . All) I tf'ORIU. 11 a. AS
DiRECT/OR. I FURTHER CERTlfT lHlT THIS SKETCH Of DESCRIPTION
. lEtHNICAl SUNOAROS SET FORTH BY THE FLORIDA BOARD or
ORS All) *PPERS IN CHAPTER 5IGI1;. FlORIDA ADMINISTRATIVE
;.TO'SECTIOtf H2.027. FLORIDA STATUTES, SUBJECT 10 THE OUJ.LIFlCi-
00.
DAT[I 10-10-05
REVISION:
LI4ItO
~AL
AlII) .....,ms
SKETCH OF DESCRIPTION, 10' UTILITY EASEMENT VACATION,
A PORTION OF THE SOUTHEAST ONE-OUARlER ISE 1'4),
OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
em OF BOYNTON BEAO-I PALM BEACH COUNTY A.ORIOA
ey. O~ TEl ao JU: 82!OSI02JICN
DRAWN: 101. 6-07-04
CHECKEDa Dl. T 10-10-05
FELO.~I NA Nl
FElDBOQK NA ,PG. NA
SCAlE, rt"O'
PROJECTl 230290
SHEET I OF 2
ATlANTIC - CARIBBEAN MAPPING. tHe.
:SC10 JOe ~ . ClfttI~ ft..... ~T
-.. - FAll lHI'-!<<__, - t....... ACIIItAClMC.cf:
NORTH lINE SE I/~ SECTI(t{ 33
. _. .~r.Q.'r~l'_~ ..I6t.f.(Bf.t-g.B.t.APJNC).
r" Ji.-" -.._" ._- -- "NE- "iAu -.- - .--..
.
!
!
I
.
.
,
.
.
I
.
i ~
I ~
I ~
.-~ ~
"'l z:
. C)
. F
I c.>
: ~
I
'..."r
i ~
.
i
. ~
i~
: ~
I
. ......
i %
. L...I
. %
! ::i
. .-
I Vl
. l.U
. ~
~
,
.
I
LEGEND.
(::,
-.
lI"l
CO)
v
ACM
t
COfl
L8
POB
poe
PSM
RIW
SEe
ft
. A TlANTJ C CAR 1 BBEAN UAPP I t<<i J Me.
. tElmR L IHE
" CCRD
. LICENSED BUSINESS
. POINT ~ 8(GINNING
· POINT OF COU(NCEIEHT
, PR(FES$I(NAl, SUAVEYOR At<<) MAPPER
. RIQfT OF IAt
. SECTION
. DESIGNATES COURSE IN LINE TABLE
~
-J
-'
.....
-'
-'
~
PARAllEl lINE
SE 114 SECnON 33-45-43
(UNPLADID)
I
,
.
I
.
.
!
i
i
,
,
,
.
.
I
.
,
I
I
.
I
.
- 10' UTILITY EASEUENT V ACA lION
I 0.033 ACRE (1,445.98 SOUARE FEEn!
EXHIBIT C
.... ...-. --..-.".... ..--.__. _.... ..f
o "')
[.- -4 v
:.JRAPHIC seA. ~
IN FEE. ~
~
--'
: I ,
.... L SOJ>O' :
~ I --f
~ ;
l . ~
; ...
I r- POC' Q.. 0
I j c:: ~ ...,
, - .....
,. O:5P;U,1
-/ ' ~,,~
i >-Q:V)
1 . ~z..,..,
. .:;t:O .
I uO::;o
J · ~~<::
, i vi~~
: ::) Q.. S
, -V1-
.~ ~oo.Ti~a
i:i:1 I . :5;Qa
'::t ; -t....K1
~ I i g~@
C1.: I . ~ :r tr')
L ; .....'CCcr
I : ~~~.
,
I ; &iQg
_. : ~cn
I ! c!~
:-c... ~
I ~
I
.
.
r
REVISION; SKETCH OF DESCRIPTION, 10' UTILITY EASEMENT VACATION.
A PORTION OF THE SOllfHEAST ONE-QUARlER ISf 1'4),
OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE -i3 EAST,
CITY OF BOYNTON SEA PALM BEACH COUNlY FLORIDA
~ =SlOftAl BYI DATEI ~R.&G2mOl.DClI
. SURYEYOfIS DRAW"I TDl 6-07-04 SCALE- t:'SI\'
ANO UAPPERS CHECKEDa Dl. T 10-10-05 --v
ATlANTIC - CARIBBEAN MAPPING INC. FlELDWORlt& NA HI. ~CT: 230290
C5&l tl4.mt ~ '~cs50~~ Flc:t. 4({CMIC.CC FIELDBOOl IU .PO"'1. SltEET t OF 2
. .. ...........0...... .................... ...... ... ....
.... ..... ............................
EXHIBIT "D"
Conditions of Approval
Project name: Coastal Bay Colony
File number: ABAN 06-002
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. The applicant shall provide a letter of no objection from Florida Public X
Utilities (FPU) prior to the city recording the abandonment ordinance in the
county records.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\ WP\PROJECTS\Southem Homes of Palm Beach\Coastal Bay Colony\ABAN 06-OO2\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Coastal Bay Colony
APPLICANT'S AGENT:
Carlos Ballbe
APPLICANT'S ADDRESS: 4401 W Trade Winds Avenue, Suite 201
Lauderdale by the Sea, Florida 33308
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5,2006
TYPE OF RELIEF SOUGHT: Request to abandon a ten (10) foot wide, "L" shaped utility easement
near the SW corner of the Coastal Bay Colony plat
LOCATION OF PROPERTY: SW Corner of Federal Highway and SE 23rd 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\Southern Homes of Palm Beach\Coastal Bay Colony\ABAN 06-002\DO.doc
v gc\"'~~
/.. .... \
OC~~w}
1'01'1 '"
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
DEVELOPMENT
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
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6. 2006 May 15,2006 (Noon)
0 April 1 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 1 9,2006 (Noon)
0 May 16,2006 May 1,2006 (Noon) [8J July 18, 2006 July 3, 2006 (Noon)
NATURE OF
AGENDA ITEM
0 Administrative 0 Development Plans
0 Consent Agenda 0 New Business
0 Public Hearing [8J Legal
0 Bids 0 Unfmished Business " ,
0 Announcement 0 Presentation ..--"']
. . /
~~
0 City Manager's Report "--~'" (:-)
~-:..:-,-\
RECOMMENDATION: Please place this request on the July 18, 2006 City COnmllssion Agenda under Lega1i -
Ordinance - Second Reading. The City COnmllssion approved the subject request on July 5, 2006, under Publi~J~earin~'~pd
Legal, Ordinance - First Reading, with the elimination of condition of approval # I, as the condition has been sa~8ed. F,ot
further details pertaining to the request, see attached Department Memorandum No. 06-085 .:'~ -2 t.:;:;
c-;-:
c'-J
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Coastal Bay Colony (ABAN 06-003)
Carlos J. Ballbe, P.A.
Southern Homes of Palm Beach, II, LLC
Southwest corner of SE 23 rd A venue and Federal Highway
Request to abandon a ten (10) foot utility easement located across lots 14, IS, 16, 17 and
18 of the original Robinson's Addition plat.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNAI1VES, r4f ~
Developme~t DIrector
{)Jt{/ I
L
Planning and Zorn g irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECT \Southern Homes of Palm Beach\Coastal Bay Colony\ABAN 06-003\Agenda Item Request Coastal Bay Colony
ABAN 06-003 7 -18-06.dot
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 06- Ofof
2 (Lots 14, 15, 16, 17 and 18)
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA. AUTHORIZING ABANDONMENT
5 OF A PORTION OF 10 FOOT WIDE UTILITY
6 EASEMENT, LOCATED ON PROPERTY NEAR THE
7 SOUTHWEST CORNER OF SOUTHEAST 23H.I)
8 A VENUE AND FEDERAL HIGHWAY, SUBJECT TO
9 STAFF COMMENTS; AUTHORIZING THE CITY
10 MANAGER TO EXECUTE A DISCLAIMER, WHICH
11 SHALL BE RECORDED \VITH THIS ORDINANCE IN
12 THE PUBLIC RECORDS OF PALl\l BEACH COUNTY,
13 FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
14
15
16 \VHEREAS, Southern Homes of Palm Beach, 11, LLC, is requesting that the City
17 abandon a 10 foot wide utility easement located across lots 14, 15, 16, 17, and 18 of the original
18 Robinson's Addition plat, subject to staff comments; and
19
20 WHEREAS, comments have been solicited from the appropriate City Departments, and
21 public hearings have been held before the City's Community Redevelopment Agency, and the
22 City Commission on the proposed abandonment; and
23
24 WHEREAS, staff finds that the utility easement no longer serves a public purpose, and
25 the City Commission adopts that finding.
26
27 NO\V, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
29
30 Section 1. The foregoing Whereas clauses are true and correct and incorporated
31 herein by this reference.
32
33 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby
34 abandon a 10 foot wide utility easement located across lots ]4, ]5, 16, 17, and 18 of the original
35 Robinson's Addition plat, subject to staff comments. The property being abandoned is more
36 particularly described as follows:
37
38 The South 10 foot of Lots 14, 15,16,17, and 18, Robinson addition, according to thc
39 plat thereof as recorded in Plat Book 23, Page
40 144, of the Public Records, Palm Beach County, Florida being more
41 particularly described as follows:
42
43 Beginning at Southwest comer of said lot 14; thence North 00055 '37"
44 West along the West line of said lot 14, a distance of 10.00 feet
45 to a line being] 0 foot North of and parallel with the South line of
S:\CA rdinances\Abandonmenls\Robinsoo's Addltion.doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
said plat; thence North 89004 '23" East along said parallel line,
268.00 feet to the East line of said lot I 8; thence South 00055'37"
East along said East line, I 0.00 to the Southeast comer of said lot
18; thence South 89004'23" West along the South line of said plat,
268.00 feet to the point of beginning.
Said lands lying in the City of Boynton Beach, Palm Beach County,
Florida, containing 0.062 acre (2680.00 square feet) more or less.
A location map is attached hereto as Exhibit "A."
Section 3. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
of Palm Beach County, Florida.
Section 4.
This Ordinance shall take effect immediately upon passage.
2006.
FIRST READING this ~ day of Jul'f
SECOND, FINAL READING AND PASSAGE THIS _day of
,2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
S:\CA dinances\Abandonments\Robinson's Addition.doc
DlSCLAIME~
KNO'V ALL MEN BY THESE PRESENTS that the City of Boynton Beach.
Florida, a municipal corporation, under the la\vs of the State of Florida, does hereby abandon
a portion of the 10 foot alley located between Northeast 51h A venue and Northeast 61h
Avenue, extending approximately 150 feet west of Northeast 3rt! Street, lying adjacent to Lots
68, 69 and 72-75, all in the Plat of Arden Park, subject to staff comments, and more
particularly described as follows:
That portion of a platted 10 foot wide alley shown on the Plat of Arden
Park, according 10 the Plat thereof, recorded in Plat Book 2, Page 96 of the
Public Records of Palm Beach County, Florida. Being bounded on the
North by the South line of Lots 73, 74, 74A, and 75, bounded on the
South by the North line of lots 68, 69 and 72, bounded on the West by the
West limits of said Plat of Arden Park and on the east by the West Right-
Of- Way line ofNE 3rt! Street
IN WITNESS 'VHEREOF, the duly authorized officers of the City of Boynton
Beach, Florida, have hereunto set their hands and affixed the seal of the City this
day of ~_
ATTEST:
,2006.
CITY OF BOYNTON BEACH, FLORIDA
Janet Prainito
City Clerk
Kurt Bressner, City Manager
STATE OF FLORIDA
)
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach,
Florida, known to me to be the persons described in and who executed the foregoing
instrument, and acknowledged the execution thereof to be their free hand and deed as
such officers, for the uses and purposes mentioned therein; that they affixed thereto the
official seal of said corporation; and that said instrument is the act and deed of said
orporation.
S:\CA\Ordi ces'Abandonments\Robinson's Addition_doc
WITNESS my hand and official seal in the said State and County this __ day of
,2006.
NOTARY PUBLIC, State of Florida
My Commission Expires:
S:\CA\Ordi ces\Abandonments\Robinson's Addition.doc
~~
i
,
I
t
, ,
I nl ~
I , '~
I I ~ '
I I F I
i I ~
i I I 1&
I i
I . _ ."_ ~__..____~__~__
I
. L_ _____~~____~____
1 in. = 154.0 feet
----- ~
- ~
en
-~
,
!
,AVE
SF 73RD AVE
Coastal Bay Colony Exhibit A
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 06-085
FROM:
Chair and Members
Community Redevelop.ment Agency Board
Michael W, Rum~
Planning and Zoning Director
Ed Breese ~
Principal Planner
TO:
THRU:
DATE:
May 24, 2006
SUBJECT:
Coastal Bay Colony - Abandonment of a utility easement
ABAN 06-003
NATURE OF REQUEST:
This request to abandon a portion of a utility easement was submitted on December 30, 2005. The
applicant, Carlos J. Ballbe, agent for Southern Homes of Palm Beach II, LLC, is requesting to abandon a
ten (10) foot wide utility easement located on the Coastal Bay Colony plat. It is described as follows:
The south 10 foot of Lots 14, 15, 16, 17 and 18, Robinson Addition, according to the plat thereof
as recorded in Plat Book 23, Page 144, of the public records, Palm Beach County, Florida.
The location map attached as Exhibit "AIf shows the general vicinity of the utility easement to be
abandoned. The attached Exhibit "B" shows the location of the proposed abandonment and its legal
description, while Exhibit "c" depicts an enlarged/detailed version of the proposed abandonment.
The follOWing is a description of the zoning districts and land uses of the properties that surround the
subject easement.
(see Exhibit "A" - Location Map)
North: Developed lots within the Coastal Bay Colony PUD, then farther north developed
residential property classified Local Retail Commercial (LRC) and zoned C-2
(Neighborhood Commercial);
South: Developed lots within the Coastal Bay Colony PUD, then farther south developed
commercial property (dental Office) classified Local Retail Commercial (LRC) and zoned C-
3 (Community Commercial);
East: Developed commercial property (Sunoco gas station), then farther east right-of-way for
Federal Highway, then developed multi-family residential (Hampshire Gardens
condominiums) designated High Density Residential (HDR) and zoned R-3 (Multi-family
Residential) ;
West: Two residential structures zoned Office ProfessIonal (C-l), then farther west developed
residential property (Kensington) designated High Density ResIdential (HDR) and zoned
IPUD (Infill Planned Unit Development).
Page 2
Memorandum No. PZ 06-084
ABAN 06-002
BACKGROUND:
Coastal Bay Colony is a Southern Homes project located just south of Golf Road (SE 23rd Avenue), on the
west side of South Federal Highway. The Coastal Bay Colony site plan, approved on February 18, 2003 by
the City Commission, authorized the construction of 64 fee-Simple townhouse units on 4.34 acres, As part
of that approval, the applicant proposed to relocate utilities to make better use of the parcel. As a result,
a 10-foot wide FP&L utility easement which previously served the homes fronting on SE 23rd Avenue (at
the rear of Lots 14-18 in Robinson Addition) became unnecessary with the re-platting of the property and
subsequent demolition of these structures. The plat for the PUD was subsequently adopted, with a
notation that the easement was to be abandoned, The applicant is now formally requesting the
abandonment of this easement that was originally contemplated.
ANALYSIS:
Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the
easement to be abandoned, all utility companies have been notified and the request has been advertised
in the newspaper. A summary of the responses from the utility companies and city staff is as follows:
The following responses were received from the affected parties:
CITY DEPARTMENTS
Engineering
Utilities
Planning and Zoning
No objection
No objection
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
Bell South
Florida Public Utilities Company
Cable Company (Adelphia)
Cable Company (Comcast)
No objection
No objection
No response as of this date
No objection
N/A
RECOMMENDATION:
Staff recommends that this request to abandon the ten (10) foot wide easement described above be
approved, with the condition of approval that the applicant provide a letter of no objection from Florida
Public Utilities (FPU). Any conditions recommended by the Community Redevelopment Agency Board or
required by the City Commission will be placed in Exhibit "D" - Conditions of Approval.
S:\P!annlng\SHARED\Wp\PROJECfS\5OUthem Homes\CoastaI Bay CoIony\AIlAN 06-003\Staff Report.doc
4-
1 In. = 154.0 feet
Coastal Bay Colony Exhibit A
EXHIBIT B
LEGAL DESCRIPTION;
THE SOUTH 10 FOGT Of LOTS I~, 15, 16, 11 AHD 18, ROBINSON ADDITION,
~CCORDINC TO THE PUT THEREOF AS RECORDED IN PLAT BOOK 23, PAGE
IU. OF THE PUBLIC RECOROS. PALM BEACH COUNTY, FLORIDA 8EING M:>R(
ARTlCULARL Y DESCRIBED AS FOllOWS_
BEGINHI~G AT SOUTHWEST CORNER or SAID LOT I~l THENCE NORTH 00'55')7-
WEST ALONG THE WEST LINE O~ SAID LOT I~, A DISTANCE OF to.OO FEET
TO A LINE BEING 10 rOOT NOOTH OF AND PARALLEL WITH THE saurlf LINE Of'
SAID PLAT. THENCE "ORTIl 89'04'23- EAST AlONG SAID PARAlLEL LINE,
268.00 FEET TO THE EAST liNE OF SAID LOT /8c THENCE SOUTH 00'55'37*
EAST AlOHG SAID EAST LINE. 10.00 TO THE SOUTHEAST CORt(R Of SAIO LOT
II. THEkCE SMH 89'O~'23* lEST ALONG THE SOOTH LINE (f' SAID PLAT.
268.00 FEET TO THE POINT or BEGINNING.
SAID LANDS LYING IN THE CITY OF BOINTON BEACH, PAL~ BEACH COUNTY,
fLORIDA. CONTAIMING 0.062 ACRE (2680.00 SOUARE FEEl) YORE OR LESS.
e ,/,1,1, , fi'll'
THIS SKETCH
..
I
II :z:
...
4If
CI:
20 e
...
,
II>
;:;
NOT TO SCALi:
LOCATOO SKETCH
SURVEYOR'S NOTES,
I. NOT VAliD IITHOUT THE SICNAlURE AND THE ORICINIl RAISED SEAL OF I. Fl~lDl.
LICENSED SURVEYOR AND MAPPER.
2. AOOITlONS OR DELETIONS TO SlIMY lAPS OR AEPOOTS BY OTHER THAN TilE SIGNING
PARTY OR PARTIES IS PR()HIBITEO WITHOUT IRITTEH CONSENT OF THE SIGNING
PARTY OR PARTIES.
3. LANDS SHOIN H(REOH IIERE NOT ABSTRACTrD FOR RIGHTS-OF-lAY. EASEl.{NTS.
OWNERSHI P. OR OTHER lNSTRU"f:NTS OF RECORO.
4. EEARltCS $HOtW HEREON ARE RELATIVE TO AN ASSULED BoRlNe or NORTH 8<J.O~'23~
fEST AlO~G T~E SOUTH LINE OF ROBINSON ADDITION. (PLAT BOo( 21. PACES 144.
F ALW BEACH COUNTY RECORDS I,
5. THE LEGAL DESCRIPTION IIEREOtl WAS PREPARED BY THE SURVEYOR.
6. TH IS SKETCH I S NOT A BOUNDARY ~VE'f -.S SUCH.
SURVEYOR'S
I ItEREBY CE
PROPERTT
DEL IHEATED:
l([lS TH
PROFtSSI
COOE, '. PU
TI OrtS NO E
T THE ATTACHED SKETCH Of DESCRIPTlClN OF THE HEREON DESCRleED
TED TO TIfE BEST ClF MY lNOllEOOE. BElIEF. AND INFORMATJOH AS
DlRECTlott. I FURTHER CERTIFY THAT THIS SKETCH or DESCRIPTl~
" . TEtHNI CAl STANDARDS SET FORTH BY TllE FLORIDA 80ARO lr
~'(ORS AN) MAPPERS IN CHAPTER 6IGll""" FLORIDA lOUINISlRAlIVE
to. SECTION 472.027, FlCRIDA sannES, SUBJECT TO TH[ OUALlFICA-
toN. .
BYI .
DOOA L.'J D,... . u_
fLQRIOA' RfGI~1R~T10~ WOo 4380
ATlAN1IC;~)B8EAN ~PING INC,
DATE,
10-10-OS
REVISION:
~~~
AND WoPl'ERS
ATLANnC - CARIBBEAN MAPPI\IGJ INC.
3010 JOG ~ . *tIlAeRU. rLOIllOA ~T
9<<-18&4 ~ FAX lSU H....' . E-MAL .cu.ACWlC.ce
SKETCH OF DESCRIPTION, 10' UTILITY EASEMENT VACATION,
THE SOUTH 10 'OF LOTS 14.15,16,17 & 18,
ROBINSON ADDITION, (P .8.23, PG, 144, P .B.C.R,) LYING IN SECllON 33-45-43.
ClTY OF BOYNTON B PALM BEACH COUNTY, R.OIWA
BY I DATEI em fils I29OSllOI.DCN
DRAWN: TOl 10-20-03 SCALEt r=4\O'
CHECKEDt Dl T 10-10-05
FELOICRct NA NA PRO.a:l,. 230290
Fl[lDBOOK NA .PG. NA SHEET I OF ~
. . . . a.. ,.. ...................... ......... ....... .. eo> ............... " . " .
EXHIBIT C
J~ ~
-. --.. -. --. ---.-.. --f -..-. --. .-.. .._u_.._ .._u_u_.. -SW-'23R9-,wE-NUE--{GE>l-f- RO A9}-..-. .--. _.
~ 50' RIW (P,B. 23. PG. H~. P.B.c.RJ
19
I ~
.....
0
I -'
17 18 L&J
! 2:
=:;
t-
V.
"'"
.....
:!:
o
GRAPI-IC SCAl~
IN fU T
....---
13
t-
o
..J
~
::.
14
/5
16
t-
V.
u.J
""
R c BINSON ADD ON
(P.~23, PG. 144, P.B. .R.)
-10' lI!:~ITY EASE~NT VACA1N
0.062 ACRE C2.E80.00 SOJ~E FEED!
-lO' UTI.1n E.\S0IEIlIlP.B.23. PG. M~, PACJlJ
I
I
UNPLA TTED.
~c..
l
[OR
LB
P,O.B.
p. $. M.
src
REVISION: SKETCH OF DESCRIPTION,10' UTIUTY EASEMENT VACATION,
THE SOUTH 10 ' OF LOTS 14, 15, 16, 11 & 18,
ROBINSON AOOmON, (P B.23, PG. 144, P .B.C.R.) LYING IN SECTION 33-4&-43,
CllY OF BOYNTON BEACH PALM BEACH COUNTY RORIDA
. ~ ~SIONAt. BY, DATE: OOFU:029OSDlIlQc
~ 5UR~ ORAWN; TOL 10-20-03 SCALE 1":20'
~ MCI CHECKEDt OlT 10-1O-05 r
ATlANTIC - CARIBBEAN M4PP1NG INC. FIELDWORI(I "A NA PRUCtr 230290
611 K+m ~ f~AOcsa~~ -=1 FIEI.0800K Ml .NA SHEEt 2 OF 2
... .. ............. ................ ....... ............... .... ...........
EXHIBIT "D"
Conditions of Approval
Project name: Coastal Bay Colony
File number: ABAN 06-003
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
- ~- - -
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
-- --
PARKS AND RECREATION
Comments: None X
-
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. The applicant shall provide a letter of no objection from Florida Public X
Utilities (FPU) prior to the City recording the abandonment ordinance in the
county records.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJECfS\Southem Homes of Palm Beach\Coastal Bay Colony\ABAN 06-003\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Coastal Bay Colony
APPLICANT'S AGENT: Carlos Ballbe
APPLICANT'S ADDRESS: 4401 W. Tradewinds Avenue, Suite 201
Lauderdale by the Sea, FL 33308
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5,2006
TYPE OF RELIEF SOUGHT: Request to abandon a ten (10) foot wide utility easement located
adjacent to Lots 14, 15, 16, 17 and 18, Robinson Addition
LOCATION OF PROPERTY: SW Corner of Federal Highway and SE 23rd Avenue
DRAWING(S): SEE EXHIBIT uB" 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 uC" 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\Southem Homes of Palm Beach\Coastal Bay Colony\ABAN 06-003\DO.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
DEVELOPMENT
ITEM A.3
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)
0 April] 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) [gJ July 18, 2006 July 3, 2006 (Noon)
0 .:-~
0 Administrative Development Plans .- /
,-'-..
0 0 (.- -~.c
NATURE OF Consent Agenda New Business - -~-l
AGENDA ITEM 0 Public Hearing [gJ Legal ,
...
0 0 u~
Bids Unfinished Business
.--
0 Announcement 0 Presentation
0 City Manager's Report ,i)
i 'j
. .
. ,.,
RECOMMENDATION: Please place this request on the July 18, 2006 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission approved the subject request on July 5, 2006 under Public Hearing and
Legal, Ordinance - First Reading. For further details pertaining to the request, see attached Department Memorandum No.
06-112.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Post Office Easement (ABAN 06-007)
Jason Mankoff, Weiner & Aronson
Valley Land Corporation, c/o Curtis Shenkman, Esquire
Southwest corner of Boynton Beach Boulevard and Seacrest Boulevard
Request to abandon a three (3) foot wide easement located in Block 4 of the Boynton
Heights Addition, extending south of Boynton Beach Boulevard a distance of 131.00 feet.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
D,VdOPn=tct&i&1,fJ ~
LJ ~-t-
Planning and Zo g Drrector CIty Attorney / Fmance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Post Office Seacrest & Boynton\Agenda Item Request US Post Office ABAN 06-007 7-18-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
ORDINANCE NO. 06- Ob ~
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH. FLORIDA. AUTHORIZING ABANDONIVIENT
OF A PORTION OF 3 FOOT WIDE UTILITY
EASEMENT, tOCA TED ON PROPERTY NEAR THE
INTERSECTION 01<' BOYNTON BEACH BOULEVARD
AND SEA CREST BOULEVARD, SUBJECT TO STAFF
COMMENTS; AUTHORIZING THE CITY 1\JANAGER
TO EXECUTE A DISCLAIMER, WHICH SHALL BE
RECORDED WITH THIS ORDINANCE IN THE
PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
'WHEREAS, Valley Land Corporation, is requesting that the City abandon a 3 foot wide
utility easement located in Block 4 of the Boynton Heights Addition, extending southward from
Boynton Beach Boulevard for approximately 131 feet, subject to staff comments; and
WHEREAS, comments have been solicited from the appropriate City Departments, and
public hearings have been held before the City's Community Redevelopment Agency. and the
City Commission on the proposed abandonment; and
WHEREAS, staff finds that the utility easement no longer serves a public purpose, and I
the City Commission adopts that finding.
NOW, THEREFORE, BE IT ORDAINED BY THJ;~ CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby
abandon a 3 foot wide utility easement located in Block 4 of the Boynton Heights Addition,
extending southward from Boynton Beach Boulevard for approximately 13] feet, subject to staff
comments. The property being abandoned is more particularly described as follows:
THE WESTERLY 3 FEET OF THE SOUTHERLY 13 FEET OF LOT 17,
TOGETHER WITH THE WESTERLY 3 FEET OF LOTS 18, ] 9, 20,
AND 21, AND THE NORTHERLY 18 FEET OF LOT 22, BLOCK 4,
BOYNTON HEIGHTS ADDITION TO THE TOWN OF BOYNTON
BEACH, ACCORDING TO THE PLAT THEREOF, RECORDING IN
PLA T BOOK ] 0, PAGE 64, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY FLORIDA.
S:\CA\Ordinances\Abandonments\Posl Office Easement.doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
A location map is attached hereto as Exhibit "A."
Section 3. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be fiIed, with this Ordinance, in the Public Records
of Palm Beach County, Florida.
Section 4.
This Ordinance shall take effect immediately upon passage.
FIRST READING this ~ day of J u I i
SECOND, FINAL READING AND PASSAGE THIS ___day of
,2006.
2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
S:\CA\Ordinances\Abandonments\Post Office Easement.doc
DISCLAIMER
KNO\V ALL MEN BY THESE PRESENTS that the City of Boynton Beach.
Florida, a municipal corporation, under the laws of the State of Florida, docs hereby abandon
a 3 foot wide utility easement located in Block 4 of the Boynton Heights Addition, extending
southward from Boynton Beach Boulevard for approximately 131 feet, subject to staff
comments. The property being abandoned is more particularly described as follows:
THE WESTERLY 3 FEET OF THE SOUTHERLY 13 FEET OF LOT
17, TOGETHER WITH THE WESTERLY 3 FEET OF LOTS 18, 19,
20, AND 21, AND THE NORTHERLY 18 FEET OF LOT 22, BLOCK
4, BOYNTON HEIGHTS ADDITION TO THE TOWN OF
BOYNTON BEACH, ACCORDING TO THE PLAT THEREOF,
RECORDING IN PLAT BOOK 10, PAGE 64, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY FLORIDA.
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
Beach, Florida, have hereunto set their hands and affixed the seal of the City this
day of
ATTEST:
,2006.
CITY OF BOYNTON BEACH. FLORIDA
Janet Prainito
City Clerk
Kurt Bressner, City Manager
ST A TE OF FLORIDA
)
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach,
Florida, known to me to be the persons described in and who executed the foregoing
instrument, and acknowledged the execution thereof to be their free hand and deed as
such officers, for the uses and purposes mentioned therein; that they affixed thereto the
official seal of said corporation; and that said instrument is the act and deed of said
corporation.
S:\CA\Ordinances\Abandonments\Post Office Easement.doc
r
WITNESS my hand and official seal in the said State and County this _ day of
,2006.
NOTARY PUBLIC, State of Florida
My Commission Expires:
S:\CA\OrdinanceslAbandonments\Post Office Easement.doc
'if l!Q!LfX3
___J
z
:E
~
(J)
lee} !:r€6 := .U! ~
+
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 06-112
TO:
Chair and Members
Community Redevelopment Agency Board
Michael W. Ru~lJ~
Planning and Zoning Director
Ed Breese ~
Principal Planner
THRU:
FROM:
DATE:
May 26, 2006
SUBJECT:
u.s. Post Office - Abandonment of easement
ABAN 06-007
NATURE OF REQUEST:
This request to abandon a portion of a utility easement was submitted on April 11, 2006. The agents,
Weiner & Aronson, are requesting to abandon a three (3) foot wide easement located on the Post Office
property. It is described as follows:
The westerly 3 feet of the southerly 13 feet of lot 17 together with the westerly 3 feet of lots 18, 19,
20, and 21 and the northerly 18 feet of lot 22 Block 4, Boynton Heights Addition to Town of Boynton
Beach, according to the plat thereof, recorded in Plat Book 10, Page 64, of the public records of Palm
Beach County, Florida.
The location map attached as Exhibit "A" shows the general vicinity of the easement to be abandoned. The
attached Exhibit "B" shows the location of the proposed abandonment and its legal description.
The follOWing is a description of the zoning districts and land uses of the properties that surround the
subject easement.
(see Exhibit "A" - Location Map)
North: Right-of-way for Boynton Beach Boulevard, then farther north developed
commerdal property (First Baptist Church) classified Local Retail Commercial (LRC) and
zoned C-2 (Neighborhood Commercial); .
South: Developed commercial property (Weiner & Aronson Law Offices) classified Local Retail
Commercial (LRC) and zoned C-2 (Neighborhood Commercial);
East: Right-of-way for Sea crest Boulevard, then farther east developed commercial property
(Boynton Beach City Hall) zoned PU (Public Use); and
West: Developed parking area for the Post Office, then farther west developed
commercial property designated Local Retail Commercial (LRC) and zoned C-2
(Neighborhood Commercial).
Page 2
Memorandum No. PZ 06-112
ABAN 06-007
BACKGROUND:
The Post Office is located on the southwest corner of the intersection of Boynton Beach Boulevard and
Seacrest Boulevard. The Post Office apparently was inadvertently constructed over this north-south, three
(3) foot wide easement, without any abandonment. All utilities have been notified and have responded
that they do not have any facilities within this easement running under the building. The applicant Is now
formally requesting the abandonment of this easement as a matter of housekeeping.
ANALYSIS:
Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the
easement to be abandoned, all utility companies have been notified and the request has been advertised
In the newspaper. A summary of the responses from the utility companies and city staff is as follows:
The following responses were received from the affected parties:
CIlY DEPARTMENTS
Engineering
Utilities
Planning and Zoning
No objection
No objection
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
Bell South
Florida Public Utilities Company
Cable Company (Adelphia)
Cable Company (Comcast)
No objection
No objection, applicant responsible for any expense.
No objection
No objection
N/A
RECOMMENDATION:
Staff recommends that this request to abandon the three (3) foot wide easement described above be
approved. No conditions of approval are recommended. This recommendation is based on staff's finding
that the utility easement serves no public purpose. Any conditions recommended by the Community
Redevelopment Agency Board or required by the City Commission will be placed in Exhibit "C" -
Conditions of Approval.
S:\Plannlng\SHAREO\WP\PROJECTS\Post Offke\ ABAN 06-007\Staff Report.doc
...
1 in. = 93.5 feet
fJ)
0If'-
~
z
Exhibit A
Iiiii^nlgll
p
<t~. W. 2ND A VEtiU[
@
scALE: 1"=30'
17
VI
o
q,
lF8818'06.
R=20.00'
L=30.82'
N90'QO'OO.W 272.31'
--18--
m
-"".
IrA
U>
rT1
:t>
o
;0
rT1
U>
-i
OJ
19
I
rTl
<
)>
:::::0
CJ
3.0'
- -
~ ~
15
16
20
21
N90'OO'PO"[
2.52
S90'OO'oo E 200.00
22
CD
o
o.
590'00 00 [ 95.61
23
u: AL DESCRIPTION:
THE WESTERLY 3 fEET OF THE SOUTHERLY 13 FEET OF LOT 17 TOGElliER Willi THE WESTERLY 3 FEET OF LOTS
18, 19, 20, AND 21, AND THE NORTHERLY 18.00 FEET OF LOT 22 BLOCK 4, BOYNTON HEIGHTS ADDIllON TO
TOWN OF BOYNTON BEACH, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 10, PAGE 64. OF THE
PUBUC RECORDS OF PALM BEACH COUNTY. FLORIDA.
CONTAINING 393 SQUARE FEET
SKETCH OF DESCRIPTION
( Fl'.
THIS IS NOT A SURVEY
J
BOYNTON BEACH POST OFFICE
FIE1..D BOOK NO
~/<
JOe NO
6007.02
Engineers. Surveyors. Mappers
1201 1lEl.'lDlEIIE IlOAIl, eT PN.M IICAOi, FlORtDA 33<05
PH (S61)e:l5-1151 e FAX (S6I)1J2-tJ1O ellllW3lllt1HC.ClIlf
Y:\Land Projects R2\6007.01\dwg\600702.dwg 3/14/2006 5:51:07 PM EST
EXHIBIT "e"
Conditions of Approval
Project name: Post Office - SW Comer of Seacrest Blvd. & Boynton Beach Boulevard
File number: ABAN 06-007
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\ WP\PROJECTS\Post Office Seacrest & Boynton\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: U.S. Post Office Easement Abandonment
APPLICANT'S AGENT: Weiner & Aronson, P. A.
APPLICANT'S ADDRESS: 102 N. Swinton Avenue, Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 18, 2006
TYPE OF RELIEF SOUGHT: Request to abandon a three (3) foot wide easement in Block 4 of the
Boynton Heights Addition, extending south from Boynton Beach Boulevard for a distance of 131 feet.
LOCATION OF PROPERTY: Southwest corner of Seacrest Blvd. and Boynton Beach Blvd.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MA TIER 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\SHAREDIWP\PROJECTS\Post Office Seacrest & BoyntonABAN\DO.doc
[A'1' '!_ 0 ,t>
! '"
/' . \
i ~
>'\} ~ .. ... .. J J:
'0\ ..'()
~~~... j.
1 0 ~
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
DEVELOPMENT
ITEM A.4
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)
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 July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May I, 2006 (Noon) [8] July 18,2006 July 3, 2006 (Noon)
Announcement
City Manager's Report
o
o
[8]
o
o
Development Plans
New Business
NATURE OF
AGENDA ITEM
o
o
o
o
o
o
Administrative
Consent Agenda
Public Hearing
Bids
Legal
Unfinished Business
Presentation
, ,
.'.:~ --~l
- /"
..-"-~ -'"",
--<:=-
1j
t
RECOMMENDATION: Please place this request on the July 18, 2006 City Commission Agenda undei-Legal,
Ordinance - Second Reading. The City Commission approved the subject request on July 5, 2006 under Public ~ga'Qd
Legal, Ordinance - First Reading. For further details pertaining to the request, see attached Department Memoranol:!m Nil,.)
06-091 (;.;! o.,~ C~:.
. ~ ~~
-:::)'\ :-IC;
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Proposed use:
Hemingway Square (LUAR 06-006)
Garcia Stromberg Architecture, Inc.
2319 South Federal Partners, LLC / Robert Vitale (Managing Member)
2319 South Federal Highway, northwest comer ofSE 23'd Avenue and Federal Highway
Request to amend the Comprehensive Plan Future Land Use Map from Local Retail
Commercial (LRC) to Special High Density Residential (SHDR).
Multi-family development (21units at 16.8 dus/acre)
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: ~ ~~/~ n
Developm~r
/~LJ ~
Planning and Zo g Director City Attorney / Finance / Hwnan Resources
S:\Planning\SHARED\WP\PROJECTS\Hemingway Square\LUAR\Agenda Item Request Hemingway Square LUAR 06-006 Amend 7-18-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 06- DbGo
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 2319 SOUTH FEDERAL PARTNERS, LLC,
8 AND LOCATED AT 2319 SOUTH FEDERAL
9 HIGHWAY, NORTHWEST CORNER OF SE 23RD
10 AVENUE AND FEDERAL HIGHWAY; CHANGING
11 THE LAND USE DESIGNATION FROM LOCAL
12 RETAIL COMMERCIAL (LRC) TO SPECIAL HIGH
13 DENSITY RESIDENTIAL (SHDR); PROVIDING FOR
14 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
15 DATE.
16
1 7 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted
18 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
19 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
20 Comprehensive Planning Act; and
21 WHEREAS, the procedure for amendment of a Future Land Use Element of a
22 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
23 WHEREAS, after two (2) public hearings the City Commission acting in its dual
24 capacity as Local Planning Agency and City Commission finds that the amendment
25 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
26 the best interest of the inhabitants of said City to amend the aforesaid Element of the
27 Comprehensive Plan as provided.
28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
29 CITY OF BOYNTON BEACH, FLORIDA, THAT:
3 0 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
3 1 herein by this reference.
S:\CA \Ordinances\Planning\umd Use\Hemingway Square.doc
1
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
2 following:
3 That the Future Land Use of the following described land located at 2319 South
4 Federal Highway, northwest comer of Southeast 23rd A venue and Federal Highway; changing
5 the land use designation from Local Retail Commercial (LRC) to Special High Density
6 Residential (SHDR).
7
8 See Exhibit "A" attached hereto.
9
10 Containing: 54,526 square feet or 1.25 acres more or less.
11
12 Subject to easements, restrictions, reservations, covenants and rights of way of record.
13
14
15 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
16 Future Land Use Plan shall be amended accordingly.
1 7 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
18 Section 5: Should any section or provision of this Ordinance or any portion thereof be
19 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
20 remainder ofthis Ordinance.
21 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
22 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
23 Land Development Regulation Act. No party shall be vested of any right by virtue of the
24 adoption ofthis Ordinance until all statutory required review is complete and all legal challenges,
25 including appeals, are exhausted. In the event that the effective date is established by state law or
26 special act, the provisions of state act shall control.
27
FIRST READING this ~ day of Ju, 1'{
,2006.
S:\CA \Ordinances\Planning\Land Use\Hemingway Square.doc
1 SECOND, FINAL READING and PASSAGE this _ day of __~~____, 2006.
2 CITY OF BOYNTON BEACH, FLORIDA
3
4
5 Mayor - Jerry Taylor
6
7
8 i Vice Mayor - Carl McKoy
9
10
11
12
13
14
15
16
17
18 ATTEST:
19
20
21 City Clerk
22
23 (Corporate Seal)
24
Commissioner - Robert Ensler
Commissioner - Mack McCray
Commissioner - Muir C. Ferguson
S:ICA IOrdinanceslPtanning\Land UselHemingway Square.doc
I fp. = 139.6 feet
Hemingway Square
I
I
J
I
I
I
H IIIIIUII It UIIII nri
'i I UAA Ii' f' UAA
I, I,
If null;u n hUH Bu
I
I
I
I
I
B>
TO:
FROM:
THROUGH:
DATE:
PROJECf NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING Be. ZONING DMSION
MEMORANDUM NO. PZ 06-091
Chair and Members
Community Redevelopment Agency Board and
Mayor and City Commission
Kathleen Zeitler 1(2
Planner ~
Michael W. Rumpf
Director of Planning and Zoning
June 6, 2006
Hemingway Square/LUAR 06-006
Amend the Future Land Use designation from Local Retail
Commercial (LRC) to Special High Density Residential (SHDR);
and Rezone the property from Neighborhood Commercial (C-2)
and Community Commercial (C-3) to Infill Planned Unit
Development (IPUD).
Property Owner:
Applicant; Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Adjacent Uses:
PROJECT DESCRIPTION
2319 South Federal Partners, LLC / Robert Vitale (Managing
Member)
Garcia Stromberg Architecture, Inc.
Northwest comer of South Federal Highway and SE 23rd Avenue
(see Exhibit" A")
1.25 acre (54,526 sf)
Local Retail Commercial (LRC)
Neighborhood Commercial (C-2), Community Commercial (C-3)
Special High Density Residential (SHDR) (max. 20 units/acre)
Infill Planned Unit Development (IPUD)
21 Unit Townhouse Development at 16.8 units/acre
Page 2
File Number: LUAR 06-006
Name: Hemingway Square
North:
To the north, property designated Local Retail Commercial (LRC)
and zoned Community Commercial (C-3) currently occupied by a
single-family residence with frontage on South Federal Highway.
To the northwest, property designated High Density Residential
(HDR max. 10.8 du/ac) and zoned Multi-Family Residential (R-3)
currently occupied by a single-family residence on SE 4th Street.
South:
Right-of-way for SE 23rd Avenue, and farther south property
designated Local Retail Commercial (LRC) and zoned Community
Commercial (C-3) currently occupied by a Sunoco gas station. To
the southwest, property designated Special High Density
Residential (SHDR) and zoned Intill Planned Unit Development
(IPUD) currently being developed as Coastal Bay Colony, a 64 unit
townhouse development.
East:
The right-Of-way of Federal Highway, then property designated
Special High Density Residential (SHDR) and zoned Multi-Family
Residential (R-3) developed as Tuscany on the Intracoastal, a
condominium complex.
West:
Property designated as Local Retail Commercial (LRC) and zoned
Neighborhood Commercial (C-2), currently occupied by a single-
family residence with frontage on SE 23rd Avenue.
EXECUTIVE SUMMARY
Staff recommends that the requested land use amendment and rezoning be approved for the
following reasons:
1. The request is consistent with the goals and objectives of the Comprehensive Plan;
2. The request is consistent with the intent of the Federal Highway Corridor Community
Redevelopment Plan;
3. The request will not create additional impacts on infrastructure that cannot be
accommodated by existing capacities; and,
4. The proposed development will contribute to the overall economic development of the
City.
Page 3
File Number: LUAR 06-006
Name: Hemingway Square
PROJECT ANALYSIS
The parcels, which are the subject of this land use amendment, total 1.25 acre. 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.
Master Plan/Site Plan Analysis
The Land Development Regulations require approval of a master plan concurrent with approval
of a rezoning to the Infill Planned Unit Development (IPUD) district. If the project is to be
constructed In one (1) phase, a site plan may take the place of the master plan, as is requested
in this case.
The site plan proposes a 21-unlt fee-simple townhouse development at a gross density of 16.8.
dwelling units per acre (du/ac). The four (4) proposed buildings consist of four (4) to seven (7)
units each and are three (3) stories, with one building being a combination of two (2) and three
(3) stories. Principal ingress/egress for the project is from SE 23rd Avenue located on the south
side of the project. A secondary ingress/egress for emergencies only is located on SE 23rd
Avenue near the east side of the project. The internal circulation streets form a grid-like
pattern with garage access for the residents opening onto these private roadways. Pedestrian
circulation is separated from the roadways, reducing potential conflicts with vehicular
circulation. Recreation amenities for the proposed development include a swimming pool and
one-story pool cabana, various small open space areas on site, and a gazebo, trellis, benches,
and statue artwork.
Each unit is provided with two required parking spaces. These 42 spaces are located in two-car
garages, as well as external driveways for the three (3) units with a one-car garage.
Additionally, parking is provided for the recreation area, bringing the total parking spaces
provided to 47 spaces.
Since a site plan is substituting for a master plan, as allowed for rezoning to the IPUD district, a
more comprehensive discussion of the details and site plan issues is provided by staff as a part
of the review of the corresponding site plan (see NWSP 06-007).
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.
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 hunicane evacuation zone without written
Page 4
File Number: LUAR 06-006
Name: Hemingway Square
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.
The property under consideration is located west of Federal Highway, and therefore is not in
the hurricane evacuation zone; however, it is staff's recommendation that the developer proVide
a mechanism to disseminate continuing information to residents concerning hurricane
evacuation and shelter locations through the homeowners' or residents' association that will be
established.
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 classification, intended to
support redevelopment in the coastal area. Land use amendments and rezonings which change
designations from commercial to residential uses 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. "
The subject property is located in Planning Area V 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, which has the role of being an entrance into the City,
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 commerdal core, as well as the recognized
commercial nodes In the corridor. In addition, It Is proposed at a scale and massing that will
Page 5
Ale Number: LUAR 06-006
Name: Hemingway Square
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 create an isolated district, and would relate to densities of
other new and older developments in the Immediate area which Include: Coastal Bay Colony,
Los Mangos, Hampshire Gardens, Tuscany on the Intracoastal, Seagate of Gulfstream, Fairfield
Apartments Condo, Palmway Condo, and Crestview Gardens Condo.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The request for conversion of parcels designated for commercial uses and single-family
residential to multi-family residential for condominium and townhouse development has become
more prevalent In the Federal Highway corridor in the last four years. Often the conversion
serves to remove marginal, and sometimes undesirable, commercial uses. Additionally,
adoption of the IPUD regulations in June, 2002 provided an attractive incentive for
redevelopment and Infill projects on smaller parcels in the Federal Highway corridor. These two
changes in 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 Palm Beach County Traffic Division has determined that the proposed residential
redevelopment project will result in a reduction of traffic trips compared with the previous
commercial uses on site. The PBC Traffic Division has approved the project for concurrency
with a build-out date of 2009, and determined that the project meets the Traffic Performance
Standards of Palm Beach County.
The project is estimated to require a total of 9,030 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.
Additionally, sufficient sanitary sewer and wastewater treatment capacity is currently available
to serve the projected total of 4,604 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 to-year
planning period. The applicant has received concurrency approval from the School District of
Palm Beach County indicating that adequate school capacity exists to accommodate the
resident population of the 21 proposed townhouse units. The City's Rre Rescue and Police
Departments have reviewed the application and determined that current staffing levels would
be suffident 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
dty and local drainage permitting authorities.
Page 6
File Number: LUAR 06-006
Name: Hemingway Square
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
The current use of the adjacent property to the north is single-family residential on a 0.34 acre
parcel zoned C-3, and the current use of the adjacent property to the west is single-family
residential on a 0.16 acre parcel zoned C-2. However, the current residential use of these
parcels is nonconforming based on the commercial zoning, and they may convert to commercial
uses in the future. To the northwest is property zoned multi-family which is currently occupied
by a single-family residence. Special design considerations limiting building height to two
stories is proposed at the northwest comer of the project to offset any potential impacts upon
this adjacent property. The end results will serve to enhance the property values of adjacent
and nearby properties.
f. Whether the property is physically and economically developable under the existing
zoning.
The property is currently adjacent to a variety of uses, including commercial (gas station across
SE 23rd Avenue) and nonconforming single-family residential on commercially-zoned parcels.
The economic viability of these uses is questionable, considering the transition to high density
residential uses that is occurring with redevelopment of the corridor under the guidelines of the
Federal H~qhwav Corridor Communitv Redevelooment Plan.
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 land use amendment and rezoning present the opportunity for redevelopment in
a highly visible entrance corridor to the City and will also support the current trend toward
greater residential uses in this area, economic revitalization, and downtown redevelopment.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
Residential densities up to 20 dwelling units per acre are permitted in the Federal Highway
corridor to encourage infiU 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
dwelling units per acre; 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/RECOMMENDAT10NS
Page 7
Rle Number: LUAR 06-006
Name: Hemingway Square
CONCLUSIONS/RECOMMENDATIONS
Criteria for evaluating the benefits of the proposed development to the needs of the
neighborhood and the aty Include service demands, density, use, value and consistency with
Comprehensive Plan policies. As indicated herein, staff concludes that the request Is consistent
with the goals and objectives of the Comprehensive Plan; consistent with the intent of the
Federal Highway Corridor Community Redevelopment Plan; will not create additional impacts on
Infrastructure that cannot be accommodated by existing capacities; and, will contribute to the
overall economic development of the City, therefore staff recommends approval of this request
for land use amendment and rezoning.
If the Community Redevelopment Agency Board or the City Commission recommends
conditions, they will be included as Exhibit "C".
ATTACHMENTS
S:\PIamIn!l\SHARED\WP\PROJECl'S'\Hell1ll Square\WAR\StIIf Report.doc
1 In. = 139.6 feet
-
...
L___L____
'" , ... ... .
Hemingway Square
~XH'B'T A '
r----m------m -- ___m_____m___n --------- mm_____n ___u_m __m___mu_m__m_______ _m__ m _m_ m___ _ m____ un -_u~mn_m__m__1
I I
I I
i !
I I
I i
I I,
i
I I
I i
: !
I "
! !
i I
' !
I I
I I
I I
I
i
!
i
I
!
!
,
I
!
,
I
!
!
I
I
I
I
I
I
~
~--:---~
I
l
I ,
~
~
.-----.ac
,.....I*,A_
aLU_
ILCOlDA
'*'
----------------------------------------~------------------------------
EXHIBIT OIB'
J
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
DEVELOPMENT
ITEM A.5
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 Offiee Meeting Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May] 5,2006 (Noon)
0 April] 8, 2006 April 3,2006 (Noon) D June 20, 2006 June 5,2006 (Noon)
0 May 2, 2006 April ]7,2006 (Noon) D July 5, 2006 June] 9,2006 (Noon)
0 May 16, 2006 May],2006 (Noon) ~ July] 8, 2006 July 3, 2006 (Noon)
D Administrative 0 Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM D Public Hearing ~ Legal
D Bids D Un[mished Business
D Announcement D Presentation
D City Manager's Report C) ..' --1
~.~ ....
.-
- -
, -..-. .--,
RECOMMENDATION: Please place this request on the July 18, 2006 City Commission Agenda under ~al, ", ::.:c:,
Ordinance - Second Reading. The City Commission approved the subject request on July 5,2006 under Public Heapng and,.-::,
Legal, Ordinance - First Reading. For further details pertaining to the request, see attached Department Memorandum No;: __
06-09 L
_.~
I.:':"::
t,')
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
:Il
-.J
":::':"
:-:;~;
j'-'C)
~~i~
Proposed use:
Hemingway Square (LUAR 06-006)
Garcia Stromberg Architecture, Inc.
2319 South Federal Partners, LLC / Robert Vitale (Managing Member)
2319 South Federal Highway, northwest comer ofSE 23rd Avenue and Federal Highway
Request to rezone from Community Commercial (C-3) and Neighborhood Commercial
(C-2) to Inti]] Planned Unit Development (IPUD, 20 dus/acre).
Multi-family development (2 1 units at 16.8 dus/acre)
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~
Develop nt Dep rtment Director
LW.h~
Planning and Z g Director City Attorney / Finance / Human Resources
S:\PlanningISHARED\WPIPROJECTS\Hemingway Square\LUAR\Agenda Item Request Hemingway Square LUAR 06-006 Rezone 7-I8-Q6.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
ORDINANCE NO. 06- OfD i
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING THE
APPLICATION OF 2319 SOUTH FEDERAL
PARTNERS, LLC, AMENDING ORDINANCE 02-
013 TO REZONE A PARCEL OF LAND LOCATED
AT 2319 SOUTH FEDERAL HIGHWAY,
NORTHWEST CORNER OF SOUTHEAST 23
AVENUE AND FEDERAL HIGHWAY AS MORE
FULLY DESCRIBED HEREIN, FROM
COMMUNITY COMMERCIAL (C-3) AND
NEIGHBORHOOD COMMERCIAL (C-2), TO
INFlLL PLANNED UNIT DEVELOPMENT (IPUD);
PROVIDING FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City;
and
WHEREAS, 2319 South Federal Partners, LLC has filed a petition to rezoning a
parcel of land more particularly described hereinafter; and
23
WHEREAS, the City Commission, following required notice, conducted a public
24
hearing to consider the rezoning and heard testimony and received evidence which the
25
Commission finds supports a rezoning for the property hereinafter described; and
26
WHEREAS, the City Commission finds that the proposed rezoning is consistent with
27
the Land Use described in the City's Comprehensive Plan; and
28
WHEREAS, the City Commission deems it in the best interests of the inhabitants of
29
said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
30
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
31
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S:\CA\Ordinances\Planning\Rezoning\Rezoning - Hemingway Square.doc
26
1
Section I.
The foregoing Whereas clauses are true and correct and incorporated
2 herein by this reference.
31
Section 2.
The following described land located at 2319 South Federal Highway,
4 the northwest comer of South Federal Highway and Southeast 23 Avenue is hereby rezoned
5 from Community Commercial (C-3) and Neighborhood Commercial (C-2) to lnfill Planned
6 Unit Development (IPUD):
-7 LOTS 1 THROUGH 5, "ROBINSON ADDITION", ACCORDING TO THE
8 PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 144 OF THE
9 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
10
11 SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM
12 COUNTY, FLORIDA.
13
14 CONTAINING 55,955 SQUARE FEET / 1.285 ACRES, MORE OR LESS.
15
16 SUBJECT TO EASMENTS, RESTRlCTIONS, RESERVATIONS,
17 COVENANTS, AND RlGHTS-OF-W A Y OF RECORD.
18
19 LESS EXISTING R-Q-W FOR U.S. HIGHWAY NUMBER I (STATE RD 5)
20 AND LESS EXISTING R-O-W FOR SE 23RD AVENUE; AND
21 INTERSECTION OF US HIGHWAY 1 AND SE 23RD AVENUE
22
23 A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by
24 reference.
25 Section 3. That the Zoning Map of the City is amended to reflect this rezoning.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
27 repealed.
28 Section 5. Should any section or provision of this Ordinance or any portion thereof
29 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
30 remainder of this Ordinance.
3 1 Section 6. This ordinance shall become effective immediately upon passage.
S :\CA \Ordinances\Planning\Rezoning\Rezoning _ Hemingway Square. doc
1
FIRST READING this ~_ day of ~~~_, 2006.
SECOND, FINAL READING and PASSAGE this _ day of
,2006.
2
3 I:
4;
5 'I
6
7
8
9
10
11
12
13
14
15
16
17
18 ATTEST:
19
20
21 City Clerk
22
23 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\Planning\Rezoning\Rezoning - Hemingway Square.doc
1 In. = 139.6 feet
"
. ... . ... .-.
Hemingway Square
11'1111 ill I! 11111I J II
!l' l.,' X I' I.,.
ili.22..il' B Isu.IStI'
, . h~!n.~ B hU, !U
~
- --------------l
!
I
I
i
I
I
i
i
I
I
i
i
i
I
I
-
--- ..
....__A_
--
.-
-
I
!
i
I
I
I
i
I
I
I
1
I
I
I
I
I
i
I
I
TO:
FROM:
THROUGH:
DATE:
PROJECf NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING &: ZONING DMSION
MEMORANDUM NO. PZ 06-091
Chair and Members
Community Redevelopment Agency Board and
Mayor and City Commission
Kathleen Zeitler /CZ
Planner ~
Michael W. Rumpf
Director of Planning and Zoning
June 6, 2006
Hemingway Square/LUAR 06-006
Amend the Future Land Use designation from local Retail
Commercial (LRC) to Special High Density Residential (SHDR);
and Rezone the property from Neighborhood Commercial (C-2)
and Community Commercial (C-3) to Infill Planned Unit
Development (IPUD).
Property Owner:
Applicant! Agent:
location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Adjacent Uses:
PROJECT DESCRIPTION
2319 South Federal Partners, lLC / Robert Vitale (Managing
Member)
Garcia Stromberg Architecture, Inc.
Northwest corner of South Federal Highway and SE 23rd Avenue
(see Exhibit "A")
1.25 acre (54,526 sf)
Local Retail Commercial (LRC)
Neighborhood Commercial (C-2), Community Commercial (C-3)
Special High Density Residential (SHDR) (max. 20 units/acre)
Infill Planned Unit Development (IPUD)
21 Unit Townhouse Development at 16.8 units/acre
Page 2
File Number: LUAR 06-006
Name: Hemingway Square
South:
To the north, property designated Local Retail Commercial (LRC)
and zoned Community Commercial (C-3) currently occupied by a
single-family residence with frontage on South Federal Highway.
To the northwest, property designated High Density Residential
(HDR max. 10.8 dujac) and zoned Multi-Family Residential (R-3)
currently occupied by a single-family residence on SE 4th Street.
Right-of-way for SE 23rd Avenue, and farther south property
designated Local Retail Commercial (LRC) and zoned Community
Commercial (C-3) currently occupied by a Sunoco gas station. To
the southwest, property designated Special High Density
Residential (SHDR) and zoned Infill Planned Unit Development
(IPUD) currently being developed as Coastal Bay Colony, a 64 unit
townhouse development.
North:
East:
The right-of-way of Federal Highway, then property designated
Special High Density Residential (SHDR) and zoned Multi-Family
Residential (R-3) developed as Tuscany on the Intracoastal, a
condominium complex.
West:
Property designated as Local Retail Commercial (LRC) and zoned
Neighborhood Commercial (C-2), currently occupied by a single-
family residence with frontage on SE 23rd Avenue.
EXECUTIVE SUMMARY
Staff recommends that the requested land use amendment and rezoning be approved for the
following reasons:
1. The request is consistent with the goals and objectives of the Comprehensive Plan;
2. The request is consistent with the intent of the Federal Highway Corridor Community
Redevelopment Plan;
3. The request will not create additional impacts on infrastructure that cannot be
accommodated by existing capacities; and,
4. The proposed development will contribute to the overall economic development of the
City.
Page 3
File Number: lUAR 06-006
Name: Hemingway Square
PROJECT ANALYSIS
The parcels, which are the subject of this land use amendment, total 1.25 acre. 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.
Master Plan/Site Plan Analvsis
The Land Development Regulations require approval of a master plan concurrent with approval
of a rezoning to the Infill Planned Unit Development (IPUD) district. If the project is to be
constructed in one (1) phase, a site plan may take the place of the master plan, as is requested
in this case.
The site plan proposes a 21-unit fee-Simple townhouse development at a gross density of 16.8
dwelling units per acre (du/ac). The four (4) proposed buildings consist of four (4) to seven (7)
units each and are three (3) stories, with one building being a combination of two (2) and three
(3) stories. Principal ingress/egress for the project is from SE 23rd Avenue located on the south
side of the project. A secondary ingress/egress for emergencies only is located on SE 23rd
Avenue near the east side of the project. The internal circulation streets form a grid-like
pattern with garage access for the residents opening onto these private roadways. Pedestrian
circulation is separated from the roadways, reducing potential conflicts with vehicular
circulation. Recreation amenities for the proposed development include a swimming pool and
one-story pool cabana, various small open space areas on site, and a gazebo, trellis, benches,
and statue artwork.
Each unit is provided with two required parking spaces. These 42 spaces are located in two-car
garages, as well as external driveways for the three (3) units with a one-car garage.
Additionally, parking is provided for the recreation area, bringing the total parking spaces
provided to 47 spaces.
Since a site plan is substituting for a master plan, as allowed for rezoning to the IPUD district, a
more comprehensive discussion of the details and site plan issues is provided by staff as a part
of the review of the corresponding site plan (see NWSP 06-007).
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.
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 mthout written
Page 4
File Number: LUAR 06-006
Name: Hemingway Square
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.
The property under consideration is located west of Federal Highway, and therefore is not in
the hurricane evacuation zone; however, it is staff's recommendation that the developer provide
a mechanism to disseminate continuing information to residents concerning hurricane
evacuation and shelter locations through the homeowners' or residents' association that will be
established.
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 classification, intended to
support redevelopment in the coastal area. Land use amendments and rezonings which change
designations from commercial to residential uses 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. N
The subject property is located in Planning Area V in the Federal HiQhwav Corridor Community
Redevelopment Plan, which was adopted by the City on May 16, 2001. The plan's
recommendations for this planning area, which has the role of being an entrance into the City,
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 commerdal core, as well as the recognized
commercial nodes in the corridor. In addition, it is proposed at a scale and massing that will
Page 5
File Number: LUAR 06-006
Name: Hemingway Square
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 create an isolated district, and would relate to densities of
other new and older developments In the immediate area which include: Coastal Bay Colony,
Los Mangos, Hampshire Gardens, Tuscany on the Intracoastal, Seagate of Gulfstream, Fairfield
Apartments Condo, Palmway Condo, and Crestview Gardens Condo.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The request for conversion of parcels designated for commercial uses and single-family
residential to mUlti-family residential for condominium and townhouse development has become
more prevalent in the Federal Highway corridor in the last four years. Often the conversion
serves to remove marginal, and sometimes undesirable, commercial uses. Additionally,
adoption of the IPUD regulations in June, 2002 provided an attractive incentive for
redevelopment and infill projects on smaller parcels in the Federal Highway corridor. These two
changes in 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 Palm Beach County Traffic Division has determined that the proposed residential
redevelopment project will result in a reduction of traffic trips compared with the previous
commercial uses on site. The PBC Traffic Division has approved the project for concurrency
with a build-out date of 2009, and determined that the project meets the Traffic Performance
Standards of Palm Beach County.
The project is estimated to require a total of 9,030 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 4,604 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. The applicant has received concurrency approval from the School District of
Palm Beach County indicating that adequate school capacity exists to accommodate the
resident population of the 21 proposed townhouse units. 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.
Page 6
File Number: LUAR 06-006
Name: Hemingway Square
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
The current use of the adjacent property to the north is single-family residential on a 0.34 acre
parcel zoned C-3, and the current use of the adjacent property to the west is single-family
residential on a 0.16 acre parcel zoned C-2. However, the current residential use of these
parcels is nonconforming based on the commercial zoning, and they may convert to commercial
uses in the future. To the northwest is property zoned multi-family which is currently occupied
by a single-family residence. Special design considerations limiting building height to two
stories is proposed at the northwest corner of the project to offset any potential impacts upon
this adjacent property. The end results will serve to enhance the property values of adjacent
and nearby properties.
f. Whether the property is physically and economically developable under the existing
zoning.
The property is currently adjacent to a variety of uses, including commercial (gas station across
SE 23rd Avenue) and nonconforming single-family residential on commercially-zoned parcels.
The economic viability of these uses is questionable, considering the transition to high density
residential uses that is occurring with redevelopment of the corridor under the guidelines of the
Federal HiQhwav COrridor Community Redevelooment Plan.
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 land use amendment and rezoning present the opportunity for redevelopment in
a highly visible entrance corridor to the City and will also support the current trend toward
greater residential uses in this area, economic revitalization, and downtown redevelopment.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
Residential densities up to 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
dwelling units per acre; 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/RECOMMENDATIONS
Page 7
File Number: LUAR 06-006
Name: Hemingway Square
CONCLUSIONS/RECOMMENDAnON~
Criteria for evaluating the benefits of the proposed development to the needs of the
neighborhood and the aty include service demands, density, use, value and consistency with
Comprehensive Plan policies. As indicated herein, staff concludes that the request is consistent
with the goals and objectives of the Comprehensive Plan; consistent with the intent of the
Federal Highway Corridor Community Redevelopment Plan; will not create additional impacts on
infrastructure that cannot be accommodated by existing capacities; and, will contribute to the
overall economic development of the City, therefore staff recommends approval of this request
for land use amendment and rezoning.
If the Community Redevelopment Agency Board or the City Commission recommends
conditions, they will be included as Exhibit "C".
ATTACHMENTS
S:\PIamlng\SHAAEO\WP\PROJECTS\Hem/ngway SQuare\lUAR\Staff Report.doc
...
I in. = 139.6 feet
~
\ \n
L
XHIBIT A
.r'-','""....._.,.,.-'"
i...f
\ i / ",
..'\ '--J~
, i" ,-'..(~/
-.-b~v/
I r~~____.
.. .
Hemingway Square
~---- ~~- ------ ~---~-~----------- ---- ----------~--~--- --- ------- ----------- ------------- --------- ----------------- --- -- ---- ------------- -- --------
-l i~ II i~ i~ ..&'I!Hf$'IU I
Ip -. - '. -. DI'~:II i~::~ J
I'b If I: I~ I J,.i il :.Ji~1
II ;j I ! Ih if!II~1111 !Ir
J f &"( j$ dll
I -. =4 r! If · I
.~~H! , U
"'lllll'li-"
~j:~! i -=I~ ~~
i P r I I il i;
!f' t< AAA!r
J J ' J!
II I,
ii i ....1 ill;;
U~mHU~ n
! llili ~ p=
i'lii uli
'I' U AA
i ....I S III
~ nm ~ m
i! IIIIUI Ilil H UUH Hili
'f' I' U A A 'I' I' U. A
! i
d 'Ii
I! ....Ii -II ! I i oarl i III
n, mmm ~~ UHU un
E9
b
~~
~
---------------- -.,
,
i
!
i
1
I
!
I
I
!
i
!
I
f
I
I
i
I
i
I
i
i
!
I
I
i
!
i
i
I
I
I
i
I
i
___J
---
-"-~ac
MIIWI_A.YIIftII
-....-
nc.IDA
..,
L________________________________________________________________________________
EXHIBIT "W
~\1'Y O..t-
- l'
f .. .-/~
\iJ (. .... .. ... .., -=
0\ . .... . ..... (J
1-' .. .... "r
~,-a
.1'ON'"
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
DEVELOPMENT
ITEM A.6
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)
0 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) [gJ July 18, 2006 July 3, 2006 (Noon)
NATURE OF
AGENDA ITEM
o
o
o
o
o
o
Administrative 0 Development Plans
Consent Agenda 0 New Business
Public Hearing [gJ Legal
Bids 0 Unfinished Business CT....
Announcement 0 Presentation -TJ
,~- ..
.:.";,.
\_,_~ ,i
.-~ '__CJ
~01
RECOMMENDA TION: Please place this request on the July 18, 2006 City Commission Agenda undei:ZegaJj~ ~
Ordinance - Second Reading to follow review of the corresponding ordinances for land use amendment and rezoning. ThiI:
City Commission tabled this request on July 5,2006 to allow for final action on the corresponding ordinances prior to review
of this height exception item. For further details pertaining to the request, see attached Department Memorandum No. 06-
093.
City Manager's Report
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Hemingway Square (HTEX 06-006)
Garcia Stromberg Architecture, Inc.
2319 South Federal Partners, LLC / Robert Vitale (Managing Member)
23 I 9 South Federal Highway, northwest comer of SE 23rd A venue and Federal Highway
Request for height exception of four (4) feet to allow chimneys to exceed the maximum
building height of 45 feet, for a total of 49 feet.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
DeVd~~r:
Planning and Zo g irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJEC \Hemingway Square\HTEX\Agenda Item Request Hemingway Square HTEX 06-006 7-18-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-093
Chair and Members
Community Redevelopment Agency Board and City Commission
Michael Rum~~
Director of Planning and Zoning
Kathleen Zeitler r-Z
Planner
June 6, 2006
Hemingway Square / HTEX 06-006
Height Exception
Property Owner:
Applicant:
Agent:
location:
Existing land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
2319 South Federal Partners, LLC
Robert Vitale, 2319 South Federal Partners, LLC
Garcia Stromberg Architecture, lnc.
At the northwest corner of the intersection of South Federal Highway and SE 23n:
Avenue (see Location Map - Exhibit "A")
Local Retail Commercial (LRC)
Neighborhood Commercial (C-2) and Community Commercial (C-3)
Special High Density Residential (SHDR - max. 20 du/ac)
InfiU Planned Unit Development (IPUD)
21 fee-simple townhouse units
1.25 acre (54,526 square feet)
To the north, property designated Local Retail Commercial (LRC) and zoned
Community Commercial (C-3) currently occupied by a Single-family residence
with frontage on South Federal Highway. To the northeast, property
designated High Density Residential (HDR max. 10.8 du/ac) and zoned Multi-
Family Residential (R-3) currently occupied by a single-family residence on SE
4th Street;
Right-of-way for SE 23rd Avenue, and farther south property designated Loca
Retail Commercial (LRC) and zoned Community Commercial (C-3) currentl-y
occupied by a SUnoco gas station. To the southwest, property designatec
Special High Density Residential (SHDR) and zoned Infill Planned Unit
Development (IPUD) currently being developed as Coastal Bay Colony, a 64 unit
Page 2
Hemingway Square HTEX 06-006
Memorandum No. PZ 06-093
townhouse development;
East:
The right-of-way of Federal Highway, then property designated Special High
Density Residential (SHDR) and zoned Multi-Family Residential (R-3) developed
as Tuscany on the Intracoastal, a condominium complex; and,
West:
Property designated as Local Retail Commercial (LRC) and zoned Nelghborhooc
Commercial (C-2), currently occupied by a single-family residence with frontagE
on SE 23rd Avenue.
BACKGROUND
The applicant is proposing a fee-simple townhouse project consisting of 21 units at the northwest comer of
South Federal Highway and SE 23rd Avenue. The project is currently pending a land use amendment
request (LUAR 06-006) from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) land
use classification, and a rezoning request (LUAR 06-006) from the Neighborhood Commercial (C-2) and
Community Commercial (C-3) zoning districts to the Infill Planned Unit Development (IPUD) zoning district.
In addition, the subject property is also pending approval of a new site plan (NWSP 06-007) for the
townhouse project. Approval of the site plan will be contingent upon the approval of the accompanying
request for land use amendment / rezoning (LUAR 06-006).
The Hemingway Square site plan indicates a combination of two-story and three-story townhouse buildings
to be constructed. The proposed townhouse buildings will be 45 feet in height which will comply with the
maximum height permitted under the IPUD zoning district. However, there is a certain building element
proposed that exceeds the 45-foot threshold. That element is the subject of this request for height
exception. The floor plans for the 3-story Models "C" and "D" indicate an optional fireplace. Therefore, the
exterior elevations for Buildings 1 and 3 reveal chimneys, which extend above the rooflines and will exceed
the maximum height of 45 feet. The exterior building elevations indicate that the elevation from finished
floor to the highest point of the chimney is 46 feet 2-inches for Building 1 and 48 feet 8-inches for Building
3. The applicant therefore is requesting a height exception of four (4) feet above the maximum building
height of 45 feet allowed in the IPUD zoning district. The requested height exception is applicable only to
Building 1 and Building 3 (see Exhibit "B'').
ANALYSIS
The objective of the CRA, in part, is to support and stimulate revitalization efforts in the heart of the City.
Staff recognizes that infill residential development along Federal Highway is desirable. The architecture
for the proposed townhouse project is a Key West theme with standing-seam metal roofs, balconies,
picket fencing, natural stone veneer on the first floor walls, and a mix of siding and stucco on the upper
building walls. The proposed chimneys will be of the same stone veneer to match the stone veneer at the
front and rear of the first floor of each building. The chimneys will raise the building height slightly above
the maximum height allowed, but they are necessary for the units that choose to have the optional
fireplace.
Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations and Exceptions,
limits all portions of structures to a maximum height of forty-five (45) feet above the minimum finished
floor. Noted exceptions to the maximum building height Include noncommercIal towers, church spIres,
10mes, cupolas, flagpoles, elecbical and mechanical support systems, parapets, and similar structures.
However, the noted exceptions are allowed only through obtaining approval from the City Commission.
In considering an application for exception to the district height regulation, the City Commission shall
Page 3
Hemingway Square HTEX 06-006
Memorandum No. PZ 06-093
make findings Indicating the proposed exception has been studied and considered in relation to minimum
standards, where applicable.
The City Commission approved a new method for measuring building height based on roof type
(Ordinance 02-010, adopted on March 19, 2002). The goal of the new definition was to be consistent
with current standards and to allow more flexibility in building design. Plans indicate the proposed
townhouses will have a gable or hip roof. Building height for gable or hip roofs is measured from the
finished grade to the midpoint between the eaves and the ridge. The building elevations Indicate the
two-story and three-story townhouses will have a mean roof height of 45 feet, which will comply with the
IPUD zoning district height limitation of 45 feet. However, the maximum height as measured from the
top of the proposed chimneys Is 48 feet 8-inches, which exceeds the maximum building height by almost
four (4) feet.
As evidenced by previous approvals, this request for height exception would not constitute a grant of
special privilege.
RECOMMENDATION
As previously mentioned, staff generally supports the redevelopment efforts proposed in the accompanying
requests for land use amendment and rezoning (LUAR 06-006) and the new site plan (NWSP 06-007) for
the Hemingway Square project. Staff is recommending approval of these application requests and
recommends approval of the request for a 4-foot height exception.
Should this request be approved, it should be approved contingent upon satisfying all comments noted in
Exhibit "C" - Conditions of Approval (see NWSP 06-007). Should the Board or City Commission have any
additional comments, they will be placed accordingly within Exhibit "C".
S:\P1anningISHAREDlWPlPROJECTSlHerringway SquareIHTEX 06-006\Staff Report.doc
...
110. = 139.6 feet
liP
." . . '" ., '.
Hemingway Square
EXHIBIT I
~
U~~~fi a~
.apa'" J
inil ~i
eql~ ~"
d~:! ;~
;~ ;~~ to"
..ihi! ag
i~i.a i~
Pi _!l il~
~IM I~
I~ _'ll _,
ff ~~~ 2~
-~.~ '6
"Id ~ii
i~~ i~
.x~! 8~
ii~l 01
i. p,
, -ij
~
I
i lEi ,jU
6 ! d. . a;
1.1 !~
f & f ,"
~ I !~
~~
t-<
tI1
'Tj
>--l
C/l
~
~
tT1
<
~~
~ -......
~~
b
w
-- ---- -,
~
......
__--.w:
... ftf ',.A....
COUl._
fLOOIDo\
,...,
EXHIBIT hE
&>
:m' iF
@AI~I
'I~E J:.
ii~1 Ii
'ai~1 III
Il~el VI
. ~l ~f
~h.-
~I;ii ,.
ill
tE~'t !I
i,I'1
li~. ~!
.~~i ~t
i.
tiJ~ ~i
i .
;' 'il
.--
w
tr:l
~
1 fI;j1 fUl 'lllij! j ,
i S ~ I! III: ~ ,
. I
I
---
---
.. ...,....,..
-....-
..........
--
J II Ij I I ! I If!
Ii! IIJ ~IH
f3>
I
C/.l
o-'l
~
--<
~
o-'l
I
'II~
1
i
!
r
i
,
,
,
,
.
.
,
,
!
,-
s:
o
tJ
tT1
r'
~
~
()
o
eto
'%j~
r'tJ
82
~o
~~ Z
~r' 0
~~ .
o.
_0
Si
~i
~~
~~
r--------l
! ~~!
I ':'i 1
i ES!
. ~,
l_ J
f9
--- - -- - - -1
~
--
....... ur
....,---
CCUL_
..-
-
EXHIBIT E
o
~
~Oj
fl~
~~
!'"tl 0
~t"' a
t~ ~
E>>
>-i
~
en
>-i
o
~
--<
~
>-l
,
~
Q
u
m
r'
q
_4'
lIl.~ttE
'~ ~~
/1 if
/~t).
~~
"c
~~
~
...._~-...ut
Jet.. 1,........
......-
"-
me
EXHIBIT E
EXHIBIT "C"
Conditions of Approval
Project name: Hemingway Square
File number: HTEX 06-006
Reference: 4th review plans identified as a New Site Plan with a May 26,2006 Plannint:!. & Zoning date stamp
marking.
I n
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
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING AND WNING
Comments: None X
CRA STAFF
CONDITIONS OF APPROVAL
Hemingway Square (HTEX 06-006)
PAGE 2
DEPARTMENTS INCLUDE REJECT
Comments: None X
COMMUNITY REDEVELOPMENT AGENCY COMMENTS:
Comments:
None X
CITY COMMISSION COMMENTS:
Comments:
To be detennined.
MWRIkz
S:\Planning\Shared\ WP\PROJECfS\Hemingway Square\HTEX 06-006\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Hemingway Square
APPLICANT:
2319 South Federal Partners, LLC (Robert Vitale, Managing Member)
APPLICANT'S AGENT:
Garcia Stromberg Architecture, Inc. I Mark Cohen, Associate
AGENT'S ADDRESS:
6413 Congress Avenue, Suite 130, Boca Raton, FL 33487
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
July 5,2006
TYPE OF RELIEF SOUGHT: Request for a height exception of four (4) feet above the maximum
building height of 45 feet to allow chimneys for proposed townhouse
buildings on 1.25 acres zoned Infill Planned Unit Development (IPUD).
LOCATION OF PROPERTY: On the northwest corner of South Federal Highway and SW 23rd
Avenue.
DRAWING(S): SEE EXHIBIT UB" 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:IPlanningf\SHAREDlWPIPROJECTSI Hemingway SquareIHTEX 06-006IDO.doc
i6~"f:'O~\
I I.,.
.. . . I~
t~\\... .~~IJ
J-/iJ,,",--<..o, .-- 'i? '"
'1'0 N
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
DEVELOPMENT
ITEM A.7
0 Administrative 0 Development Plans ' '-~"J ~-"-l
-- r
0 ,...........
NATURE OF 0 Consent Agenda New Business ' .
"-_.~ ,"---',
-....'__i
AGENDA ITEM 0 Public Hearing ~ Legal - -, "
0 Bids D Unfinished Business "~' .
0 Announcement 0 Presentation -
0 City Manager's Report _'C:'-
t_ ~~~J -.-;c;:)
~-rTi
RECOMMENDATION: Please place this request on the July 18, 2006 City Commission Agenda unde'rleg~(; g
Ordinance - Second Reading to follow review of the corresponding ordinances for land use amendment and rezoning. Thee
City Commission tabled this request on July 5, 2006 to allow for final 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. 06-092.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Hemingway Square (NWSP 06-007)
Garcia Stromberg Architecture, Inc.
2319 South Federal Partners, LLC / Robert Vitale (Managing Member)
2319 South Federal Highway, northwest comer ofSE 23rd Avenue and Federal Highway
Request for new site plan approval for the construction of 21 townhomes, recreational
amenities and related site improvements on 1.25 acres zoned IPUD.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Develop t ep ent Director
LuJ ~~
P1annlng and Zo . g irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Hemingway Square\NWSP\Agenda Item Request Hemingway Square NWSP 06-007 7-18-06_dot
~1h~/l!g
ty Manager's ignaturl
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM_DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 06-092
STAFF REPORT
TO:
Chair and Members
Community Redevelopment Agency Board and City Commission
Michael Rump~
Planning and Zoning Director
THRU:
FROM:
Kathleen Zeitler /CZ-
Planner
DATE:
June 6, 2006
PROJECT NAME/NO:
REQUEST:
Hemingway Square / NWSP 06-007
New Site Plan
PROJECT DESCRIPTION
Property Owner: 2319 South Federal Partners, LLC
Applicant: Robert Vitale, 2319 South Federal Partners, LLC
Agent: Garcia Stromberg Architecture, Inc. / Mark Cohen, Associate
Location: At the northwest corner of the intersection of South Federal Highway and
SE 23rd Avenue (see Location Map - Exhibit "Air)
Existing Land Use: Local Retail Commercial (LRC)
EXisting Zoning: Neighborhood Commercial (C-2) and Community Commercial (C-3)
Proposed Land Use: Special High Density Residential (SHDR - max. 20 du/ac)
Proposed Zoning: Infill Planned Unit Development (IPUD)
Proposed Use: 21 fee-simple townhouse units at 16.8 dwelling units/acre
Acreage: 1.25 acre (54,526 sf)
Adjacent Uses:
North:
To the north, property designated Local Retail Commercial (LRC) and
zoned Community Commercial (C-3) but occupied by a single-family
residence. To the northwest, property designated High Density
Residential (HDR max. 10.8 du/ac) and zoned MUlti-Family Residential (R-
3) but occupied by a single-family residence on SE 4th Street;
Staff Report - Hemingway Square (NWSP 06-007)
Memorandum No PZ 06-092
Page 2
South:
East:
West:
Right-of-way for SE 23rd Avenue, and farther south property designated
Local Retail Commercial (LRC) and zoned Community Commercial (C-3)
currently occupied by a Sunoco gas station. To the southwest, property
designated Special High Density Residential (SHDR) and zoned Infill
Planned Unit Development (IPUD) currently being developed as Coastal
Bay Colony, a 64 unit townhouse development;
The right-of-way of Federal Highway, then property designated Special
High Density Residential (SHDR) and zoned Multi-Family Residential (R-3)
developed as Tuscany on the Intracoastal, a condominium complex; and,
Property designated as Local Retail Commercial (LRC) and zoned
Neighborhood Commercial (C-2), currently occupied by a single-family
residence with frontage on SE 23rd Avenue.
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 has certified that they posted signage and mailed notices in
accordance with Ordinance No. 04-007.
Site Features:
Proposal:
The subject property, located in Study Area V of the Federal Highway Corridor
Redevelopment Plan, currently has 140 feet of frontage on South Federal Highway
and 360 feet of frontage on SW 23rd Avenue. The property is comprised of lots 1-
5, Robinson's Addition (Plat Book 23, Page 144) which total 1.25 acre. Previous
land usesl?n these parcels included a furniture store (Baker's Furniture), a medical
office, and'a single-family home. All structures on site from the previous uses have
been demolished. Several utilities are located near the intersection at the
southeast corner of the site.
BACKGROUND
Garcia Stromberg Architecture, Inc., agent for the applicant, is propOSing a new
master plan / site plan for 21 fee-simple townhouse units. The applicant is
simultaneously requesting a land use plan amendment to Special High Density
Residential (SHDR) and rezoning to Infill Planned Unit Development (IPUD). The
property is part of Study Area V of the Federal Highway Corridor Redevelopment
Plan and, as such, would be eligible for the Special High Density Residential (SHDR)
land use classification, which allows a maximum of 20 dwelling units per acre. Fee-
simple townhouses are a permitted use in the IPUD zoning district. Under the
Special High Density Residential land use category, the allowable project density,
based on the acreage of the subject property, would be a maximum of 25 dwelling
units (20 units per acre). The project proposes a total of 21 dwelling units, which
equals a lesser density of 16.8 dwelling units per acre. The entire project would be
built In one (1) phase. Approval of this project Is contingent upon the approval of
the corresponding requests for a land use amendment and rezoning (LUAR 06-
006).
Staff Report - Hemingway Square (NWSP 06-007)
Memorandum No PZ 06-092
Page 3
Concurrency:
ANALYSIS
Traffic: 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 meets the
Traffic Performance Standards. However, the approval stipulates that no building
permits for the project are to be issued by the City after the project's build-out date
of 2009.
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
projected potable water for this project (projected water demand Is estimated to be
9,030 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 4,064 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! Fire: Staff has 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 applicant has obtained school concurrency approval from the School District of
Palm Beach County confirming that adequate capacity exists to accommodate
student residents of the proposed 21 dwelling units.
Vehicular Access: The project proposes access only from SE 23rd Avenue: one (1) main point of
ingress / egress, and an alternate point of ingress / egress for emergencies only.
Only the alternate emergency access would be gated. No vehicular access is
proposed from South Federal Highway.
Circulation: The two-way streets internal to the development will be privately-owned streets
which provide primary vehicular circulation Internal to the development.
Dedication: The applicant Is required to dedicate to Palm Beach County a five (5) foot strip of
land along the south property line adjacent to SE 23rd Avenue for future r1ght-of-
way and a 25 foot by 25 foot corner clip at the Intersection (see Exhibit "c" _
Conditions of Approval). The plans presented have been revised to reflect this,
staff Report - Hemingway Square (NWSP 06-007)
Memorandum No PZ 06-092
Page 4
resulting in a reduced Internal street width of 36 feet (of which 22 feet is paved).
Street Width:
Per the IPUD zoning district regulations, privately-owned streets providing
secondary vehicular circulation internal to the IPUD may be considered for approval
with right-of-way and pavement widths less than the minimum PUD requirement of
40 feet, however In no case shall health, safety, and I or welfare be jeopardized.
These roads are for the use by residents and service providers alike. Solid waste
pickup would be roll-out curbside service for each unit, rather than a centralized
trash dumpster, therefore large garbage trucks will be required to maneuver and
circulate throughout the proposed development.
The proposed plans have been reviewed by the Engineering Division for compliance
with City standards for IPUD zoning, Including internal street width, utilities within
those streets, and safe sight distances. The Engineering Division has determined
that the 36 foot street width is acceptable and the plan Is in compliance with the
City's requirements.
Setbacks:
The proposed plan indicates a 10 foot building setback around the perimeter of the
proposed project. The IPUD zoning district has no specific minimum building
setback requirements, except that "perimeter setbacks shall mirror setbacks of
adjacent zoning district(s) but with a minimum of the setback required for a single-
family residence, as determined by the orientation of structures in the IPUD".
Coastal Bay Colony, a townhouse development to the south, has a 10 foot setback
from the SE 23rd Avenue right-of-way. The proposed setbacks of 10 feet are
consistent with other townhouse developments along the Federal Highway
Corridor. Generally, a ten (10) foot setback is provided around the perimeter of
the development to accommodate privacy fencing, landscape buffers, and outdoor
air conditioning equipment, as well as to prOVide some open yard for the benefit of
the respective residents. The rear yards of these units would contain a patio slab
and air conditioning equipment within the setback area.
Parking:
The project proposes a total of 21 townhouse units (all 3 bedrooms) with a
community pool and cabana. Three (3) bedroom dwelling units require two (2)
parking spaces per unit. The project provides a total of 47 parking spaces,
including five (5) off-street parking spaces near the pool with one (1) of the spaces
designated for handicapped use.
The site plan shows that 18 units would have a two (2)-car garage (Models "A", "C"
and "D'), and the remaining 3 units would have a one (i)-car garage (Model "B'j.
The first floor plans show that each one (1)-car garage would be dimensioned 10
feet in width and 20 feet in depth, and each two (2)-car garage would be
dimensioned 18 feet in width and 20 feet in depth. The driveway for each one (1)-
car garage will provide the additional parking space required for those units.
Combining the garage spaces and driveway spaces, each unit will have the
minimum requirement of two (2) parking spaces per unit.
The 90-degree parking stalls, exduding the handicap spaces, would be dimensioned
nine (9) feet in width and 18 feet in length and Include wheelstops. All proposed
Staff Report - Hemingway Square (NWSP 06-007)
Memorandum No PZ 06-092
Page 5
parking stalls, including the size and location of the handicap space, were reviewed
and approved by both the Engineering Division and Building Division. In addition,
all necessary traffic control slgnage and pavement markings will be provided on site
to clearly delineate areas on site and direction of circulation.
Landscaping:
The tree survey (sheet TS-l) indicates the site currently contains 5 trees. The
species of existing trees are as follows: Mahogany, Sabal Palm, Sabal Palm with
Strangler Fig, and Mango. However, none of the trees would be preserved in
place. Out of the 5 total trees, 4 of them would be relocated elsewhere on-site.
The mango tree (total of 24 caliper inches) will be removed and mitigated by
planting 3 additional Sabal Palms of the same caliper inches. All relocated trees
and mitigation trees will be located along the north property line.
The site plan indicates that 37.2% of the site would be pervious consisting of
landscaped and open space areas. The landscape code requires that 50% or more
of the plant material be native species. The plant list (sheet L -1) indicates the
landscape plan would provide a total of 45 canopy trees, of which 26 (or 58%)
would be native species. The plant list indicates that 56 (or 64%) of the 87 palm
trees would be native species. Also, the landscape plan indicates a total of 1,363
shrubs, of which 701 (or 51 %) would be native. The landscape plan notes indicate
that non-potable ~ater will be used as the source of irrigation for the project. If
potable water is used, the use of drought-tolerant species shall be utilized, and
water conserving irrigation techniques be applied such as a drip system (see Exhibit
"C" - conditions of approval).
The amount of landscaping provided will slightly exceed the minimum requirements
to achieve the tropical Key West theme. The landscaping provides a
complimentary mix of canopy and palm trees such as Mahogany, live Oak,
Glaucous Cassia, Florida Royal Palm, Green Malayan Coconut Palm, Sabal Palm,
and Winin Palm. All trees would be the required minimum of 12 feet in height at
time of planting. All common areas located outside individual fee-simple lots would
be under the control of the Homeowner's Association to ensure proper
maintenance of the landscaped areas.
The landscape plan presented indicates a five (5) foot perimeter buffer. The
perimeter landscape buffer, inclUding the fencing located along the boundaries of
the project will be separate from the fee-Simple townhouse lots, and will be platted
as a separate tract to be maintained by the Homeowner's Association.
The landscape plan shows that this buffer would consist of a 6 foot concrete
privacy fence/wall along the property line, with Live Oak, Sabal Palm, and
Mahogany trees and a hedge of Silver buttonwood located on the interior. The
trees would be installed approximately every 20 feet. Also, a perimeter white
aluminum rail picket fence five (5) feet in height with decorative stone columns Is
proposed along the south and east property lines adjacent to the rights-Of-way.
Pedestrian circulation is proposed by sidewalks along the Internal street system,
Federal Highway, and SE 23rd Avenue. Each unit adjacent to Federal Highway or
Staff Report - Hemingway Square (NWSP 06-007)
Memorandum No PZ 06-092
Page 6
SE 23rd Avenue would have pedestrian access from the back yard through
individual rear gates opening onto the sidewalks within those rights-of-way, to
allow for pedestrians to engage the street.
Building and Site: As previously mentioned, the applicant is requesting to rezone the property to the
IPUD zoning district and develop at a density of less than 17 dwelling units per
acre. The maximum density allowed by the requested Special High Density
Residential land use classification Is 20 dwelling units per acre. The 21 dwelling
units are proposed within 4 separate buildings on the 1.25-acre site. Each building
would contain a varying number of dwelling units, ranging from four (4) units to
seven (7) units per building.
The floor plans propose several townhouse models of various sizes. Typically,
models are three (3) stories and Include three (3) bedrooms and a two-car garage.
Only three units located at the northwest comer of the project will be two (2)
stories, with a one-car garage.
Models A, C, and D consist of 18 units, and Model B consists of 3 units. Each of
the models A, C, and D are three (3) stories with 3 bedrooms and a two-car
garage. Models C and D also include an optional floor plan with options such as an
elevator and fireplace. Model A will have 2,177 square feet of air conditioned living
space, and a total unit area of 2,607 square feet. Model C will have 2,483 square
feet of air conditioned living space, and a total unit area of 3,000 square feet.
Model 0 will have 2,544 square feet of air conditioned living space,. and a total unit
area of 3,130 square feet. Model B is 2 stories with 3 bedrooms and a one-car
garage and will have 1,412 square feet of air conditioned living space, and a total
unit area of 1,786 square feet.
No individual swimming pools or screened enclosures of patios or balconies are
proposed (or allowed) and would be noted as such on final plans and within the
Home OWners Association documents (see Exhibit "C" - Conditions of Approval).
The IPUD zoning district allows buildings to reach a maximum height of 4S feet.
The elevations show the buildings would be two (2) to three (3) stories in height,
the tallest of which would be 4S feet at mean roof height, and 48 feet 8-inches at
the highest point of the proposed chimneys. The applicant has requested a
concurrent height exception of four (4) feet to allow the chimneys (see HTEX 06-
006).
The IPUD zoning district requires a minimum of 200 square feet per dwelling unit
to be prOVided for usable open space areas. The site plan indicates a total of 4,200
square feet (21 x 200) is required, and 4,316 square feet of usable open space is
provided.
The main recreation area would Indude a swimming pool and a cabana building
with a restroom, and covered bar area for the use of the residents and their guests.
The white one-story pool cabana building of 394 square feet Is designed to match
the architecture and building materials of the residential buildings. A vine-covered
Staff Report - Hemingway Square (NWSP 06-007)
Memorandum No PZ 06-092
Page 7
trellis with benches would be located at the edge of the coquina paver pool deck.
The fencing around the pool Is consistent with the white aluminum rail picket
fencing proposed throughout the project. Residents of each unit would receive
their mail at a mailbox kiosk located at the pool cabana building.
Design:
All proposed structures on site will resemble the Key West style architecture with
textured stucco finish, covered porches, siding with trim, decorative cupolas and
wooden outlookers, Bahama shutters, balconies, and standing seam metal roofs.
The elevations Indicate the use of natural stone veneer, decorative carriage-style
garage doors, and trellises above many of the entry doors, rear balconies, and
garage doors. The project proposes four (4) residential buildings, each with a
separate pastel color consisting of the following Pittsburg paints:
Color code
# 406-3 LRV 59
Paint Name
Lime Light
Color
Light Green
Location
Building 1 walls / siding
# 151-2 LRV 74
Fond Farewell
Light Blue
Building 2 walls / siding
# 115-3 LRV 82
Shiny Silk
Light Yellow
Building 3 walls / siding
# SW 6632
Neighborly
Peach
Light Peach
Building 4 waBs / siding
# SW 700-5 LRV Pure White
80
White
Pool cabana building,
trim on all buildings, all
patio and balcony metal
railings, picket fences
and privacy walls
# R 60-E 78
N/A
Silver Metallic Standing seam metal
roof on all buildings
Natural
N/A
Light Brown Stone veneer on front,
sides of Buildings 1-4,
and rear of Buildinqs 3-4
lighting:
The photometric plans (sheet A-1.1D) proposes two (2) types of outdoor
freestanding lighting fixtures, as well as two (2) types of outdoor wall mounted
lighting fixtures. All the decorative lighting proposed would be made of aluminum
to match the standing seam metal roofs, and would also match the Key West style
architectural features of the buildings. The freestanding pole fixture would be 15-
feet in height and located at both the main entrance and the emergency-only exit
and near the pool and recreation parking area. The other type of freestanding
fixture Is approximately two (2) feet In height and would light walkways, common
areas and landscaped areas throughout the development All proposed Oghtlng will
be shielded to direct light down / away from adjacent properties and rights-of-way.
Staff Report - Hemingway Square (NWSP 06-007)
Memorandum No PZ 06-092
Page 8
Signage:
Per the site plan (Sheet A-1.0l) and landscape details (Sheet LP-S), two project
entry signs are proposed: one sign located to the west of the main entrance on SE
23rd Avenue, and one sign near the intersection. Both signs will be one-sided wall
signs which will be incorporated into the design of the 5 foot perimeter fencing with
stone veneer columns. The sign elevations indicate that each sign face will comply
with the maximum sign face area of 32 square feet per sign. The sign will have a
script font in brass letters which identify Hemingway Square.
Art:
The newly adopted requirement for development to provide public art work Is
proposed on site in a creative way. Theartwork Is a bench which includes a
bronze statue of Ernest Hemingway sitting with a cat. The art is located near the
intersection in a heavily landscaped area with a paver walkway that Is one of the
usable open space areas provided for the residents to enjoy. This channing
artwork will enhance the Key West ambiance of the proposed townhouse
development. Ultimate review and approval of the artist and sculpture is still
pending by the Arts Commission.
SUMMARY:
The Infill Planned Unit Development district standards and regulations were created for the purpose of
allowing flexibility to accommodate infill and redevelopment on parcels less than five (5) acres in size. The
IPUD zoning district regulations state the following: "It is a basic public expectation that landowners
requesting the use of the IPUD district will develop design standards that exceed the standards of the
basic development standards in terms of site design, building architecture and construction materials,
amenities and landscape design. The extent of variance or exception to basic design standards, including
but not limited to requirements for parking spaces, parking lot and circulation design, and setbacks, will be
dependent on how well the above stated planning expectations are expressed in the proposed
development plan." The site/master plan design standards exceed the basic development standards for
conventional residential zoning districts in terms of site design, building architecture, amenities, and
landscape design.
RECOMMENDATION:
Staff has reviewed this request for New Site Plan and is recommending approval of the plans presented.
If this request is approved, it is contingent upon the approval of the request for land use amendment I
rezoning (LUAR 06-006), and subject to 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\Hemingway Square\NWSP 06-007\Staff Report.doc
...
J______
XHIBIT A
I
1 In. = 139.6 feel
~
\\n
Hemingway Square
EXHIBIT 'B'
r-+------- ---------- ------- - -------------- ------------ --- --- -- --- ----------------- - ----- - ------------ ----- --- --- ----------------. -------- - ----------
,
,
i
i
I
!
i
!
i
I
,
!
1!!!iliIOLH !!lill!Jla
iHtI I Pi i~ p. iil.
II' I ! ~!~ !I f;' u!~
II h
II It
ii i ....Ii.. B i ..... '5 u.
uumnu B Bmum
Iii
h i i
E 1 I
13>~ ~
Cf.l
;1
:N
'"0
t-<
~
Cf.l ~
~
l-u
!~
sEe
L______________
------------------;
,
,
!
,
l
i
!
I
!
~
I
!
I
!
!
I
I
,
,
,
,
,
,
,
,
,
,
!
,
,
,
,
,
,
,
,
!
i
,
~
i
I
I
I
i
I
I
------------------------------------------=
-
~
I
I
~
..-..
___IIC
_1_I~A9IIIUI
OOUL_
--
-
EXHIBIT "8
&>
I.~i~~ iI~
.A ~~... lj
..S.~ ~
~d~~ ~_
e~l~ -
sl~.E !~
;~~~i tQ
..~~:;~ lag
g,~~, ;;"
~Io .~i .;
. ~.O at;
; vii J'l
eij~.~ wi
!(~~ ~~
aJ~'~ ~a
. i~. .-
l~-~ ~l
; ~~2 ~~
ii~l .l
i' ",
; "II
~
l
i 'i fj'S
o ~ d, , ~;
III !_
~ ~ .
i j i ~!
i. ~i
"
~
~
i
l:
"
o
w
~
---
____w:
_IIW I~AVDfUE
-....-
ll.OlIDJ\
,....
EXHIBIT -B
~
:mr ir
~~f~
~~! it .g
P
~~f= 20 .4
~h,n~ ,"
r~EA ~:
. !!,s !~
~~~~ J.
~3~~!i ,-
- 'g:ll n'
.. 'i-~ ~i
i;I'2
U~~ ",
~"~i ~~
till b
i ~~ ~i
~ .~
~ r-
to
~
t:l
Z
QB>
N
~
....,
""
2S
g
(N
trl
r-'
trl
~
l::l
~~
~{/.l
~
--
___1M:
....._A...
........-
.........
...
i i . . .
A~I : I~I : I~ II~ II~ I
~- : E. .~. Ie. r e. r
I 'fol\' . .
I .1 !~I, I, ,
-_-L_-~__-L__J
>-i
~
(5
~
"zj
~
I
~
tr1
>-i
!
tr1
r'
o
!~
-r'
B2
,
&>
Iii ..
( I,
- ~ ;------1 '
Jt~
~!~,
:~::=~1
~~ :
~-----~
~! :
~__-.J
EXHIBIT on
!J'l
rTJ
N
UJ
;:u
Or
)>1
~I
I
I
~----------I
~
--
-- ....-I,UC
WI.. ~A"""
-...-
lLOIIIlA
--
CO) 0 0 e -I . G . -I 0 0 0 .
I. I' IQ Ii II j:l I( .. ,., I i~ .' .~ .~
~ ~ ~ ~I I II I ;f If !]r ;1 ~I ~
t. {d I I I J I, Ii I, '-r .1 .1
- I! f ' II If .f I ij ~
l i r . II I lJ Ir .
r ,~ .. It ;;
I f I i I I
t t i i U 'R
, ,
~ II . .
. .
e e
I ~ . u . . .. 2 ;; ~
i . J - f f . . ;
j : . f . . .
, I
" . . I : " ;; . , ,," . r .
1-'- "'1 0 C) 0 0 0 0 e <:) e
J, I' 11'= I" II' 2~ It I' r ~' J' I~ r
J -( n" cI H ~J .J .( II If If ,(
I t( ~" ~l ~I 1:1 ~I 1:1 J t ~ ~J
it [ II It f 'J Iff ~ ~ !f I
~ I U rr I J r f C ~f ~r
I "I l~ ( I ~
i If ( , I
r
~~ i ~ i im i i i i i : i i
.
;;
I
~ ~ .~
i
. . . . I I ~ I , I
I .
4 ! i ! ,; !
!
i " . ." & . ;; . . I .
· i EBz
. ;
~
I
I' ;;:r IP~~I ~
EXHIBIT -B-
1111~1 (mIl' J~ I~
II! tI
J~I
'bl
I~ ,~ f
~
~
J:
i~
~
~~
~ a;
~~
-:: -1
bUl
. ~
~
F
~2
~a;
OlUIt
~~
qUI
~
~ ~
Ill~I;:tJil~!'1 ~
~ ~
~~
o;}-<
. >
.!. ::I
~~
f'iUt' i /'1111 "JIll ~f a:B
~J J I II!r r i
I I 1
EXHIB/1 WS"
I
~
i
e
l
i
II! fJ
'~I
~h(
EXffiBIT "C"
Conditions of Approval
Project name: Hemingway Square
File number: NWSP 06-007
Reference: 4th review plans identified as a New Site Plan with a Mav 26. 2006 Planning & Zoning date
stamp marking
. .
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - Traffic
Comments:
1. Dedicate five (5) feet of right-of-way along the south property line (north right- X
of-way ofSE 23rd Ave) to Palm Beach County (to be finalized at the time of
platting).
2. Dedicate a twenty-five (25) foot by twenty-five (25) foot right-of-way "corner X
clip" at the intersection of Federal Hwy (US 1) and SE 23rd Ave to the Florida
Department of Transportation (FDOT) (to be finalized at the time of platting).
3. Provide written documentation from the FDOT that no additional right-of-way X
will be required to be dedicated along Federal Hwy (east property line of
Hemingwav Square).
4. The minimum right-of-way width for a PUD (as designated on the plan Cover X
Sheet) is 40-ft. (LDR, Chapter 2.5, Section 9.F.) Please provide appropriate
right-of-way widths for all internal roadways and/or make a written request for
reduced width, including justification for the request.
5. Provide an evaluation of sight distance for backing out of garages and provide X
an opinion from the Engineer-of-Record regarding the relative safety of this
movement within the limited right-of-way available.
ENGINEERING DIVISION
Comments:
6. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
7. Please note that changes or revisions to these plans may generate additional X
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 pennit review.
DEP AR TMENTS INCLUDE REJECT
8. 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.
9. Full Drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article N, Section 5 will be required at the time of
permitting.
10. 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:
11. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this proiect (CODE, Section 26-12).
12. Fire flow calculations will be required at the time of permitting demonstrating X
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 N, Section 16, or the requirement imposed by insurance
underwriters, whichever is greater (CODE, Section 26-16(b )).
13. 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.
14. Water and sewer lines to be ovmed 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). --
IS. 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.
I I
DEP ARTMENTS INCLUDE REJECT
16. 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 "Utili ti es Engineering Design Handbook and
Construction Standards" manual (including any updates) and will be reviewed
at the time of construction pennit application.
17. Provide water main modeling/calculations demonstrating the adequacy of the X
proposed 6-inch water main to handle domestic demand, sprinklering
demands, and hydrant demands for the project.
18. Correct easements to reflect the boundaries to the point of service (water X
meter or sewer cleanout).
19. Provide a minimum ten (10) foot separation between water main and storm X
sewer and between sanitary sewer and storm sewer in accordance with City of
Boynton Beach Utility Standards.
FIRE DEPARTMENT
Comments:
20. Add fire hydrant to center lane of development (in addition to existing X
hydrants). Provide hydraulic calculations using a flow test of not less than
1500 gpm@20 psi. Buildings shall not be more than 200 feet from a hydrant.
All hydrants shall be operable prior to vertical construction.
PARKS AND RECREATION
Comments:
21. Park Impact Fee - 21 single-family attached units @ $771.00 per unit = X
$16,191 to be paid prior to issuance of first pennit.
BUILDING DIVISION
Comments:
22. 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.
DEP ARTMENTS INCLUDE REJECT
23. 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.
24. 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.
25. Every building and structure shall be of sufficient strength to support the loads X
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.
26. Buildings three-stories or higher shall be equipped with an automatic sprinkler X
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.
27. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
28. At the time of permit review, submit details of reinforcement of walls for the X
future installation of grab bars as required by the FFHA, Title 24 CFR, Part
100.205, Section 3, Requirement #6. All bathrooms within the covered
dwelling unit shall comply.
29. Bathrooms and kitchens in the covered dwelling units shall comply with the X
FFHA, Title 24 CFR 100.205. Indicate on the plans which design
specification ("A" or "B") of the FFHA is being used. The clear floor space
at fixtures and appliances and turning diameters shall be clearly shown on the
plans.
30. 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 FBe, Section 11-4.3.4.
3l. A water-use permit from SFWMD is required for an irrigation system that utilizes X
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
I I
DEPARTMENTS INCLUDE REJECT
32. If capital facility fees (water and sewer) are paid in advance to the City of Boynton X
Beach Utilities Department, the following infonnation shall be provided at the
time of building pennit 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 Connnission-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 n, Sections 26-34)
33. 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.
34. At time of building pennit application, submit verification that the City of Boynton X
Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid
fee or conveyance of property. The following infonnation 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 buildingnumber/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(t))
35. 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.
36. 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.
37. The individual elevators within the units now classify the units as "covered X
dwelling units" and shall comply with the requirements of the FFHA Act. See
attachment regarding installation of elevators.
I
DEP ARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments:
38. All project utilities along the rights-of-way of Federal Highway and SE 23rd X
A venue are required to be located underground or screened.
39. To enhance the Key West theme, provide pergolas above some garage doors X
and large potted bougainvillea or other climbing and/or flowering vines on
each side of garage door of units where space is available for this decorative
feature.
40. No individual swimming pools, screened enclosures, or modifications to X
patios or balconies are allowed. This restriction shall be required to be
specified as such within the Home Owners Association documents.
4 I. The development as an IPOD shall be under common ownership or unified X
control, so as to ensure unified development.
42. The applicant shall be required to provide minimum building setbacks often X
(l0) feet from all perimeter property lines, consistent with previous IPOO
developments.
43. Revise plans to remove perimeter landscaping from the fee-simple lots, and X
plat as a separate buffer tract which is common area to be maintained by the
Homeowner's Association.
44. If potable water is used, the use of drought tolerant plant species (per the X
South Florida Water Management District Manual) shall be maximized and
the irrigation system should have water conserving designs (such as a drip
system), where possible.
45. The subject property to be developed lies within just outside a hurricane X
evacuation zone. The developer shall provide a mechanism to disseminate
continuing information to residents concerning hurricane evacuation and
shelters, through the established Homeowner's Association.
46. The applicant is responsible for compliance with Ordinance 05-060, the "Art X
in Public Places" program and must demonstrate their participation.
CRA STAFF
Comments: None X
COMMUNITY REDEVELOPMENT AGENCY COMMENTS:
I i
DEPARTMENTS INCLUDE REJECT
Comments:
47. Further architectural enhancements of the gable ends of the units abutting X
Federal Highway.
48. Additional landscaping along Federal Highway and SE 23rd Avenue. X
CITY COMMISSION COMMENTS:
Comments:
1. To be determined.
S :\Planning\SHARED\ WP\PROJECTS\Herningway Square\NWSP\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Hemingway Square
APPLICANT:
2319 South Federal Partners, LLC (Robert Vitale, Managing Member)
APPLICANT'S AGENT:
Garcia Stromberg Architecture, Inc. / Mark Cohen, Associate
AGENT'S ADDRESS:
6413 Congress Avenue, Suite 130, Boca Raton, FL 33487
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
July 5,2006
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 21 fee-simple townhouse
units on a 1.25-acre parcel in the Intill Planned Unit Development
(IPUD) zoning district.
LOCATION OF PROPERTY: Northwest corner of South Federal Highway and SW 23rd Avenue (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:\PlanninglSHAREDI WPlPROJECTSlHemingway SquarelNWSP 06.007\DO.doc
'['/\1"Y Of.;-.
/ .. \
ol, .. .. .)::,
0\. ... (;
\, -~~'
'7'ON ,,;;>.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
DEVELOPMENT
ITEM A.S
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fornl 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 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) [8J 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 [8J Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
-=
"._T)
[."\
,'~'l :2:-; )>
~~" , ! Co
RECOMMENDA TION: Please place this request on the July 18, 2006 City Connnission Agenda under Legal, ==
Ordinance - Second Reading. The City Connnission approved the subject request on July 5, 2006 under Public Hearing and
Legal, Ordinance - First Reading. For further details pertaining to the request, see attached Department Memorandum No.
06-115.
EXPLANATION:
PROJECT:
AGENT:
Casa del Mar (LUAR 06-018)
Bonnie Miskel, Esq., and Kim GIas-Castro, AICP of Ruden, McClosky, Smith, Schuster
& Russell, P.A.
Ocean Boulevard Properties, LLC
2632 North Federal Highway (east of Federal Highway, north of Dimick Road)
Request to amend the Comprehensive Plan Future Land Use Map from Local Retail
Commercial (LRC), High Density Residential (HDR), and Low Density Residential
(LDR), to Special High Density Residential (SHDR, 20 dus/per acre).
OWNER:
LOCATION:
DESCRIPTION:
Proposed use:
Multi-family development (82 units at 19.95 dus/acre)
PROGRAM IMPACT:
FISCAL IMP ACT:
ALTERNATIVES:
}t .,-J !l1 I--
Planning an ~g Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\LUAR\Agenda Item Request Casa del Mar LUAR 06-018 Amend 7-18-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
I
i I
I
1 i
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
ORDINANCE NO. 06-068
AN ORDINANCE 0.' THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING ORDINANCE 89-38
BY AMENDING THE FUTURE LAND USE ELEMENT
OF THE COMPREHENSIVE PLAN FOR A PARCEL
OWNED BY OCEAN BOULEVARD PROPERTIES,
LLC., AND LOCATED AT 2632 NORTH FEDERAL
HIGHWAY, EAST SIDE OF FEDERAL HIGHWAY
AND NORTH OF DIMICK ROAD; CHANGING THE
LAND USE DESIGNATION FROM LOCAL RETAIL
COMMERCIAL (LRC), HIGH DENSITY
RESIDENTIAL (HDR) AND LOW DENSITY
RESIDENTIAL (LDR) TO SPECIAL HIGH DENSITY
RESIDENTIAL (SHDR, 20 DUS/PER ACRE);
PROVIDING FOR CONFLICTS, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted
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 WHEREAS, 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:\CC\WP\ORDlNANCES\2006\Casa del Mar - 06-068 - 07-05-06.doc
1 herein by this reference.
2
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
3 : I following:
4 That the Future Land Use of the following described land located at 2632 North
5 Federal Highway, east side of Federal Highway and north of Demick road; changing the land
6 use designation from Local Retail Commercial (LRC), High Density Residential (HDR) and
7 Low Density Residential (LDR) to Special High Density Residential (SHDR, 20 duslper
8 acre).
9
10 See Exhibit "A" attached hereto.
11
12 Containing: 179,130 square feet or 4.11 acres more or less.
13
14 Subject to easements, restrictions, reservations, covenants and rights of way of record.
15
16
1 7 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe
18 Future Land Use Plan shall be amended accordingly.
19 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
20 Section 5: Should any section or provision of this Ordinance or any portion thereof be
21 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
22 remainder of this Ordinance.
23 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
24 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
25 Land Development Regulation Act. No party shall be vested of any right by virtue of the
26 adoption of this Ordinance until all statutory required review is complete and all legal chalJenges,
27 including appeals, are exhausted. In the event that the effective date is established by state law or
S:\CA \Ordinances\Planning\Land Use\Casa del Mar.doc
1 special act, the provisions of state act shall control.
2
FIRST READING this _ day of
,2006.
3
SECOND, FINAL READING and PASSAGE this _ day of
,2006.
4
CITY OF BOYNTON BEACH, FLORIDA
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 ATTEST:
21
22
23 City Clerk
24
25 (Corporate Seal)
26
Mayor - Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
Commissioner - Muir C. Ferguson
S:\CA\Ordinances\Planning\Land Use\Casa del Mar.doc
i i
'T'
1 In. = 164.8 feet
0050
....................... "." "....n......_.._.._....._....._........_....._.._....._...._.._.._.._.._. ..
50
0070
0010
SITE
0220 0250
0010 0080 1200140 0160
0200 0280
0310
0550 0400 0331
0520 0480 0460 440
0380 0350
0900 0920
700 0720 780 0780 0810 840
0880
0680 0950
1250
1090
0990
1180 116011401120
1060 1030
EXHIBIT "A"- CASA DEL MAR LOCATION MAP
v
0060
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DMSION
MEMORANDUM NO. PZ 06-115
Chair and Members
Community Redevelopment Agency Board and
Mayor and City Commission
Kathleen Zeitler }{z
Planner V0
Michael W. Rum~
Director of Planning and Zoning
June 6, 2006
Casa del Mar / LUAR 06-018
Amend the Future Land Use designation from Local Retail
Commercial (LRC), High Density Residential (HDR), and Low
Density Residential (LDR) to Special High Density Residential
(SHDR); and Rezone from Community Commercial (C-3), Multi-
Family Residential (R-3), and Single-Family Residential (R-1AA)
to Infill Planned Unit Development (IPUD).
Property Owner:
Applicant! Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
PROJECT DESCRIPTION
Ocean Boulevard Properties, LLC (Dirk Ziff, Managing Member)
Lancore Nursery, LLC (Merv McDonald, Managing Member) /
Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden,
McClosky, Smith, Schuster & Russell, P.A.
2632 North Federal Highway (see Location Map - Exhibit "A")
4.11 acres (179,130 sf)
Local Retail Commercial (LRC), High Density Residential (HDR),
and Low Density Residential (LDR)
Community Commercial (C-3), Multi-Family Residential (R-3), and
Single-Family Residential (R-1AA)
Special High Density Residential (SHDR) (max. 20 units/acre)
Infill Planned Unit Development (IPUD)
Page 2
File Number: LUAR 06-018
Name: Casa del Mar
Proposed Use:
42 fee-simple townhouse units and 40 condominiums (19.95
dwelling units/acre)
Adjacent Uses:
North:
To the north, property designated Special High Density Residential
(SHDR) and zoned Intill Planned Unit Development (IPUD),
approved for 30 townhomes and 40 condominiums at a density of
19.94 dwelling units per acre (forthcoming Peninsula at Boynton
Beach project);
Right-of-way for Dimick Road, and farther south at the
intersection with Federal Highway, a vacant parcel designated
Local Retail Commercial (LRC) and zoned Community Commercial
(C-3), and several single-family residences on the south side of
Dimick Road that are designated Low Density Residential (LOR)
and zoned Single-Family Residential (R-IM);
The Intracoastal Waterway (ICWW) to the northeast, and to the
southeast right-of-way for Lake Drive, and single-family
residences on the east side of Lake Drive that are designated Low
Density Residential (LDR) and zoned Single-Family Residential (R-
1M); and,
South :
East:
West:
Right-Of-way for Federal Highway, and farther west across
Federal Highway, the Crossings PUD designated High Density
Residential (HDR) and zoned Planned Unit Development (PUD).
EXECUTIVE SUMMARY
Staff recommends that the requested land use amendment and rezoning be approved for the
following reasons:
1. The request is consistent with the goals and objectives of the Comprehensive Plan;
2. The request is consistent with the intent of the Federal Highway Corridor Community
Redevelopment Plan;
3. The request will not create additional impacts on infrastructure that cannot be
accommodated by existing capacities; and,
4. The proposed development will contribute to the overall economic development of the
City.
Page 3
File Number: LUAR 06-018
Name: Casa del Mar
PROJECT ANALYSIS
The parcels which are the subject of this land use amendment total 4.11 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.
Master Plan/Site Plan Analvsis
The Land Development Regulations require approval of a master plan concurrent with approval
of a rezoning to the Infill Planned Unit Development (IPUD) district. If the project is to be
constructed in one (1) phase, a site plan may take the place of the master plan, as is requested
in this case.
The Master Plan j Site Plan proposes a multi-family development of 82 units (42 fee-simple
townhouses and 40 condominiums) at a gross density of 19.95 dwelling units per acre (dujac).
The 11 proposed townhouse buildings are three (3) stories and consist of three (3) to four (4)
units within each building, each unit having a two-car garage. The condominium building,
located east of the townhouse buildings, consists of four (4) floors with a total of ten (10) units
on each floor, and an under-story parking garage with 63 parking spaces, including (2) spaces
designated for handicap use.
Principal ingress/egress for the gated project is from North Federal Highway located on the
west side of the project. A secondary ingress/egress is located on Dimick Road on the south
side of the project approximately 150 feet east of Federal Highway. The internal circulation
streets form a grid-like pattern with garage access for the townhouse residents opening onto
these private roadways. Pedestrian circulation is separated from the roadways, reducing
potential conflicts with vehicular circulation. Recreation amenities for the proposed
development would include a community swimming pool and one-story clubhouse located on
the Intracoastal Waterway, various usable open space areas on site, a central fountain, and
public artwork visible from Federal Highway.
Two (2) parking spaces are required for each of the 82 units, and five (5) parking spaces are
required for the amenity area, for a total of 169 required site parking spaces on site. Each of
the 42 townhouse units will have a two-car garage which provides the required 84 townhouse
parking spaces. The under-story parking garage for the 40 unit condominium building will
provide 63 parking spaces, including two (2) handicap spaces. The remaining 22 spaces
required for the condo units and the amenity area will be provided immediately adjacent to and
west of the condo building. Additionally, a total of nine (9) visitor spaces are planned
throughout the townhouse areas, bringing the total parking spaces provided on site to 178
spaces, an excess of nine (9) spaces. The plan also indicates a total of nine (9) on-street
parking spaces on the north side of Dimick Road adjacent to the townhouse units.
Page 4
File Number: LUAR 06-018
Name: Casa del Mar
The Master Plan / Site Plan indicates a 20 foot front building setback for proposed townhouse
buildings along Dimick Road, which mirrors the front setback of single-family residences on the
south side of Dimick Road. In addition, the proposed condominium building will be setback 28
feet from the southeast property line, with a building step-back of 17 feet from the second floor
upwards. Perimeter landscape buffers consisting of Sabal Palm, Thatch Palm, and Wax Myrtle
trees and Wild Coffee and Myrsine shrubs to be spaced one every ten to twenty feet will also
mitigate impacts on adjacent properties within this area of transition.
Since a site plan is substituting for a master plan, as allowed for rezoning to the IPUD district, a
more comprehensive discussion of the details and site plan issues is provided by staff as a part
of the review of the corresponding site plan (see NWSP 06-015).
Review Based On Criteria
The criteria used to review Comprehensive Plan amendments and rezoningsare listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to, a prohibition against any increase in
dwelling units 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.
The property in question does lie east of Federal Highway, and therefore is in the hurricane
evacuation zone, and the applicant proposes to develop a total of 82 units, which exceeds the
50-unit level. Staff recommends as a condition of approval for the new site plan that the
developer apprise each homebuyer in the development of the fact that they are buying property
in a hurricane evacuation zone, and provide a mechanism to disseminate continuing infonnation
to residents concerning hurricane evacuation and shelters, through established homeowners'
and condominium associations.
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 classification, intended to
support redevelopment in the coastal area. Land use amendments and rezonings which change
designations from commercial to residential uses are particularly consistent with two policies in
the Comprehensive Plan:
"Policy 1.17.1 The Oty 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/and uses are /east"; and
Page 5
File Number: LUAR 06-018
Name: Casa del Mar
"Policy 1.19.7 711e 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. "
The requested land use amendment and rezoning are consistent with both policies since it
would remove the possibility that commercial development could be built on the front portion of
the property (in the portion with the existing LRC land use classification).
In addition, the requested changes are consistent with the strategies identified for this planning
area, which has the role of being an entrance into the aty. The subject property is located in
Planning Area I in the Federal Hi9hwav 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 arriv21 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 requested land use amendment and rezoning would promote efficient use of the subject
property. The property's location within both the Community Redevelopment Area and
Planning Area I of the Federal Highway Corridor supports the requested increase in allowable
density for the area. The property to the north (The Peninsula at Boynton Beach) was recently
approved for 30 townhomes and 40 condominiums at a similar density of 19.94 dwelling units
per acre. While the requested density is greater than that of the existing single family
development across Dimick Road and Lake Drive, it is consistent with the transition in uses
recommended in the Federal Highway Corridor Community Redevelopment Plan. It is also
typical of the development pattern in the coastal area, where there coexists a combination of
both single family neighborhoods and multi-family developments.
Page 6
File Number: LUAR 06-018
Name: Casa del Mar
c. Whether changed or changing conditions make the proposed rezoning desirable.
The request for conversion of parcels designated for commercial uses and single-family
residential to mUlti-family residential for condominium and townhouse development has become
more prevalent in the Federal Highway corridor in the last four years. Often the conversion
serves to remove marginal, and sometimes undesirable, commercial uses. Additionally,
adoption of the IPUD regulations in June, 2002 provided an attractive incentive for
redevelopment and infill projects on smaller parcels in the Federal Highway corridor. These two
changes in conditions serve to make the proposed rezoning desirable.
The property is currently undeveloped and previously supported a plant nursery.
Redevelopment of the property is desirable for both beautification and economic benefit. The
proposed rezoning maintains the residential character of the area, and will provide an
aesthetically pleasing living environment in proximity to the downtown.
d Whether the proposed use would be compatible with utility systems, roadways, and
other public fadlities.
The Palm Beach County Traffic Division has determined that the proposed residential
redevelopment project is located within the County-designated Coastal Residential Exception
Area, and therefore meets the Traffic Performance Standards of Palm Beach County. The
Division has approved the project for traffic concurrency with a build-out date of 2008.
The applicant has provided concurrency approval from the Schoo! District of Palm Beach County
indicating that adequate school capacity exists to accommodate the resident population of the
42 proposed townhouse and the 40 condominium units.
The proposed land use amendment and rezoning is compatible with utility systems, roadways,
and public facilities. Based on the Oty's adopted Levels of Service (LOS) for potable water (200
gallons per capita per day (GPCD) and sewer service (90 GPCD), the projected demand is
expected to be 35,260 gallons (200 gallons x 82 units x 2.15 persons per unit) for water and
15,867 GPCO (90 gallons x 82 units x 2.15 persons per unit) for sewer service. The Oty's water
capadty, 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.
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.
The proposed land use amendment / rezoning would be compatible with the current and future
use of properties located to the north, south, east, and west of the subject property in
accordance with the vision for the corridor as represented by the redevelopment plan. Property
Page 7
File Number: LUAR 06-018
Name: Casa del Mar
to the north was recently zoned IPUD and approved for a similar development (Peninsula
project). Property to the south across Dimick Road consists of single-family residences zoned
R-1AA, however they are separated from the proposed 3-story townhouses by a total of 80 feet
which consists of Dimick Road (a 40 foot right-of-way), and a 20 foot front setback which
mirrors the front setback of the R-1AA lots on the south side of Dimick Road. The adjacent
property to the southeast, located on the east side of Lake Drive, consist of single-family
residences zoned R-1AA, and will be adjacent to the 4-story condominium building. However,
the condo building is proposed on a lot currently zoned R-3, which permits multi-story
residential buildings of 45 feet. In addition, the proposed condo building will have a 28 foot
setback from the south property line, and a building step-back of 17 feet (from the second floor
up) at the southeast comer of the building, for a total of 45 feet from the east property line.
Staff has recommended conditions of site plan approval to mitigate the vertical impact of the
proposed condo building, such as additional tree height, and a compatible transition between
ground elevations with adjacent property. Property to the west consists of one commercial
parcel at the intersection of Federal Highway and Dimick Road. A residential PUD farther west
is separated from the subject property by Federal Highway and the Rorida East Coast Railway
rights-of-way.
There are no indications that the proposed amendment / rezoning would negatively impact
property values. The applicant states that the new development would have a positive impact
on the value of surrounding properties and is likely to spur investment in adjacent properties
which would further increase their values. Staff concurs that the development would have a
positive effect on values of adjacent properties.
f. Whether the property is physically and economically developable under the existing
zoning.
The current zoning of the subject property (C-3, R-3, and R-1AA) would allow a potential
density I intensity of approximately 5,946 square feet of commercial, 25 multi-family residential
units, and six (6) single-family residential units. The location of the property with frontage on
Federal Highway and the Intracoastal Waterway, and its location in Planning Area I of the
Federal Highway Corridor Community Redevelopment Plan support the requested Special High
Density Residential (SHDR) and Intill Planned Unit Development (IPUD) designations. The land
use amendment to SHDR and rezoning to IPUD will enable an economically viable, timely
redevelopment project with a unified plan of development on site.
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 land use amendment and rezoning present the opportunity for redevelopment in
a highly visible entrance corridor to the City and will also support the current trend toward
greater residential uses in this area, economic revitalization, and downtown redevelopment.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
Page 8
File Number: LUAR 06-018
Name: Casa del Mar
Residential densities up to 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
dwelling units per acre; 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 RedeveloDment Plan.
CONCLUSIONS/RECOMMENDATIONS
Criteria for evaluating the benefits of the proposed development to the needs of the
neighborhood and the Oty include service demands, density, use, value and consistency with
Comprehensive Plan policies. As indicated herein, staff concludes that the request is consistent
with the goals and objectives of the Comprehensive Plan; consistent with the intent of the
Federal Highway Corridor Community Redevelopment Plan; will not create additional impacts on
infrastructure that cannot be accommodated by existing capacities; and, will contribute to the
overall economic development of the City, therefore staff recommends approval of this request
for land use amendment and rezoning.
If the Community Redevelopment Agency Board or the City Commission recommends
conditions, they will be included as Exhibit "C".
ATTACHMENTS
S:\P1anning\SHARED\WP\PROJECTS\Casa del Mar\LUAR\Staff Report.doc
~ ---{----f ~ \/
...
a
H;j
1 In. = 164.8 feet 01 010
0180
H;] [;j
0200 0290
0080
0050 0060
. _"_.'_ n_.._.._.. _.._. .._0. .._.._. ._.._ .._.._u_u_.._.._.o_ .'_ "_'0 _'._0._.... .._.._.._ .._.._.._.._.o_u_,,_.'_o,_'o
r; 7;~-
\ ,r \
\\(J
I
-..~..-~t
, () r,. \.....
0070
50
0010
SITE
0220 0250
0010 0160
0200 0280
0310
0550 0400 0331
0520 0480 04600440
0380 0350
0900 0920
700 0720 0760 0780 0810 0840
0860
0950
1090
0990
1250
1180 116011401120
1060 1030
EXHIBIT "A"- CASA DEL MAR LOCATION MAP
EXHIBITB
---........-...-.........--~----........--..----._....----...,......--._.....- ~-""'~-........,.........~.....---..... 0
!I~r lj.IIIIUlf I 11 'levu NO.lHAO. II 111'1'1 III P I I I I ~
lJBS'dfiN ErdO::>NYI
11 'IeVI. NO.LNl..ot IUii 1111
J~ u III.. fill 1IVW l~a VS'YJ
~~ Hill! IS 3 h
, .. BIll.
II ..I
. . ' ,
1'1111 I-
! ., , '!. , " " '! ! ",'..'" . ' .
11111 e. . ~. J ,.
i . ......... ..... . .. i I
t t ,
I I I
~
~I !fl I I
~j - "'
II ~o~ ~ i i .
Is I
. J~ \ I I s. I
~ I I
I ~ " ~~ I I
~. ! .
~ . .
I .... I -
~ - -~ .,. i~l .
<r- r--~-i: -Mil /I
G ~- ~&.-t jll
-.1. ., I T .
L ill Hf1' rll~,
a-r- ~ j
(.I.r/l.-MJ-msI ,Iff)
-=-- --FfiJh ,r :JLl.nIa 8XY1
t---
. r- '"" ~ T
I r I
H ~ r q lIT . , .
II
~~. ' " I.I! t I ~,
II : ! -.;- ~ ! ! t 1'- !
- I Ii' ~h !
II I
- - - I ; III
I
I ~ I
~ Irrl- ~ I ..,
III I <<lid
il I ~. ~"
I '. i
-- -- I
F- ... '-- I I
r-it b::
~ H if .. "1-+ V
'*- -II : I I . II:- la II
I l- 11-' il~ I : =11 =Il ;;11
[II . i:' li:1 Jill
f I P I I~!~ 1'1 ,,! 11ft
a ~l II I~ I( , ill! ii :).
r-- ilt i~ ~ II~~ v ill! iilllM -, ie tijl
~. 1!lilll iid
~ 1U~ J J. n
~ )i ~ ~ ~ ;lf~llll~ If I' I · 1111
. . ~: 1= lii:il.i! ~
~ II;!II;IIIIII
MiL 1bi1 ! Ihhl~h z
___11~~, I ijijlll!lilll! <
all It f!!IW .....
..c:. I;l -I !M'sd ....
i ~~. III In Uu IimUld UJ
- Ljb ! P ~,I! I Ii if I-
~ -
'~ Vl
~ ~ ~:m I 1;1 I I I I I
I I ......
l:ii ih mil ~ I'~" I I w
- =" <-- I-
_ ~ / Gj) ,.J . I I . I I I -
t 11111
.- ~ I I VI
~ Cl - '"
~~ ~ ~~ &Iar. ~41 I.... UJ
II oYo8 ur.L\" . I . :;;1
1 'G'Q j I"" I I .
~ .LSr0,7 .zsra . . . . . . . , ~i
YarNO'lJ{ i 11111 II I
~
....
.
.,
.J
~~...\."f :_..C?~'.
,. . c'\ .
... \ ..
"' :. c '"'
'''' A-
0\ (;
J-.,,,,-<,, . ",iF./~
!y ," .,,,-~. '
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
DEVELOPMENT
ITEM A.9
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.)
0 April 18, 2006 April 3, 2006 (Noon)
0 May 2, 2006 April 17,2006 (Noon)
0 May 16, 2006 May], 2006 (Noon)
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
o June 6, 2006
o June 20. 2006
o July 5, 2006
IZ:J July] 8,2006
May 15,2006 (Noon)
June 5, 2006 (Noon)
June 19, 2006 (Noon)
July 3, 2006 (Noon)
co-<
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
<---....
o Development Plans
o New Business
IZ:J Legal
o Unfmished Business
o Presentation
C'-'l
,J:
--...I
.c,
---'-. ~':\}
~'-~ f71
::-)~...
: i'I c:"
t_.)
CJl
RECOMMENDA TlON: Please place this request on the July 18, 2006 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission approved the subject request on July 5,2006 under Public Hearing and
Legal, Ordinance - First Reading. For further details pertaining to the request, see attached Department Memorandum No.
06-115.
EXPLANATION:
PROJECT:
AGENT:
Casa del Mar (LUAR 06-018)
Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky, Smith, Schuster
& Russell, P.A.
Ocean Boulevard Properties, LLC
2632 North Federal Highway (east of Federal Highway, north of Dimick Road)
Request to rezone from Community Commercial (C-3), Multi-Family Residential (R-3),
and Single-family Residential (R-1AA) to Infill Planned Unit Development (IPUD)
OWNER:
LOCATION:
DESCRIPTION:
Proposed use:
Multi-family development (82 units at 19.95 dus/acre)
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Development e rtm t
7^--. U ~~
Planning and Zo . g irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\ WP\PROJECTS\Casa de] Mar\LUAR\Agenda Item Request Casa de] Mar LUAR 06-0] 8 Rezone 7-] 8-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
ORDINANCE NO. 06- Obq
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING THE
APPLICATION OF OCEAN BOULEV ARD
PROPERTIES, LLC, AMENDING ORDINANCE 02-
013 TO REZONE A PARCEL OF LAND LOCATED
AT 2632 NORTH FEDERAL HIGHWAY, EAST OF
FEDERAL HIGHWAY AND NORTH OF DIMICK
ROAD AS MORE FULLY DESCRIBED HEREIN,
FROM COMMUNITY COMMERCIAL (C-3),
MULTI-FAMILY RESIDENTIAL (R-3), AND
SINGLE-FAMILY RESIDENTIAL (R-lAA) TO
INFILL PLANNED UNIT DEVELOPMENT (IPUD);
PROVIDING FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City;
and
WHEREAS, Ocean Boulevard Properties, LLC has filed a petition to rezoning a
22
parcel ofland more particularly described hereinafter; and
23
WHEREAS, the City Commission, following required notice, conducted a public
24
hearing to consider the rezoning and heard testimony and received evidence which the
25
Commission finds supports a rezoning for the property hereinafter described; and
26
WHEREAS, the City Commission finds that the proposed rezoning is consistent with
27
the Land Use described in the City's Comprehensive Plan; and
28
WHEREAS, the City Commission deems it in the best interests of the inhabitants of
29
said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
30
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
31
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S;\CA\Ordinances\Planning\Rezoning\Rezoning - Casa del Mar (Ocean Properties).doc
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
1
2 herein by this reference.
Section 2.
The following described land located at 2632 North Federal Highway
3
4 is hereby rezoned from Community Commercial (C-3), Multi-Family Residential (R~3), and
5 Single-Family Residential (R-lAA) to Inti)) Planned Unit Development (IPUD):
6
7 LOTS 8, 9,10, 11, 12, 13, 14, 15, 16, 17, 18, 19,20,21,22,
8 23,24, LAKESIDE GARDENS PLAT BOOK 8, PAGE 57,
9 ACCORDING TO THE PLAT THEREOF ON IN THE
10 OFFICE OF THE CLERK OF CIRCUIT COURT IN AND
11 FOR PALM BEACH COUNTY, AND LOT J, HULLS
12 SUBDNISION, PLAT BOOK 2, PAGE 17, LESS AND
13 ACCEPT THE WEST 94 FEET FOR ROAD RIGHT - OF _
14 WAY OF STATE ROAD 5, ACCORDING TO THE PLAT
15 THEREOF ON IN THE OFFICE OF THE CLERK OF
16 CIRCUIT COURT IN AND FOR PALM BEACH COUNTY,
1 7 TOGETHER WITH RIP ARlAN RIGHTS THERUNTO
18 APPERTAINING. TOTAL AREA 179,130 SQUARE FEET
19 (4.11 ACRES) MORE OR LESS. AREA EAST OF THE
2 0 SEAWALL 5,318 SQUARE FEET (0.12 ACRES) MORE OR
2 1 LESS.
22
23 A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by
24 reference.
25 Section 3. That the Zoning Map of the City is amended to reflect this rezoning.
26
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
27 repealed.
28 Section 5. Should any section or provision of this Ordinance or any portion thereof
29 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
,
30 i remainder of this Ordinance.
31
Section 6. This ordinance shall become effective immediately upon passage.
S:\CA\Ordinances\Planning\Rezoning\Rezoning - Casa del Mar (Ocean Propenies).doc
1
FIRST READING this ~ day of Ju. \'f
SECOND, FINAL READING and PASSAGE this_ day of
,2006.
2
, 2006.
3
4
5:
6
7
8
9
10
11
12
13
14
15
16
17
18 ATTEST:
19
20
21 City Clerk
22
23 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
V ice Mayor
Commissioner
Commissioner
Commissioner
S:\CA \Ordinances\Planning\Rezoning\Rezoning - Casa del Mar (Ocean Properties).doc
1 In. = 164.8 feet
...
E1
01'tj
~
~
o
0050
..............-............-. '.-... ..- ..-..-.....-............-............... -... -..-.. ..._u... ___.............
0070
0060
0010
SITE
0220 0250
0010 0080
0200 0280
0310
I 0550 0400 0331
0520 0480 0480 440
0350
0380
0900 0920
0720 0760 0780 0810 840
0860
0950
1250
1090
0990
EXHIBIT "A"- CASA DEL MAR LOCATION MAP
1180 118011401120
1080 1030
TO:
FROM:
THROUGH:
DATE:
PROJECf NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DMSION
MEMORANDUM NO. PZ 06-115
Chair and Members
Community Redevelopment Agency Board and
Mayor and City Commission
Kathleen Zeitler J/2,
Planner U0
Michael W. Rum~
Director of Planning and Zoning
June 6, 2006
Casa del Mar / LUAR 06-018
Amend the Future Land Use designation from local Retail
Commercial (lRC), High Density Residential (HDR), and Low
Density Residential (LDR) to Special High Density Residential
(SHDR); and Rezone from Community Commercial (C-3), Multi-
Family Residential (R-3), and Single-Family Residential (R-1AA)
to Infill Planned Unit Development (IPUD).
Property OWner:
Applicant! Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
PROJECT DESCRIPTION
Ocean Boulevard Properties, LLC (Dirk Ziff, Managing Member)
Lancore Nursery, LLC (Merv McDonald, Managing Member) /
Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden,
McClosky, Smith, Schuster & Russell, P.A.
2632 North Federal Highway (see Location Map - Exhibit "A")
4.11 acres (179,130 sf)
Local Retail Commercial (LRC), High Density Residential (HDR),
and low Density Residential (LDR)
Community Commercial (C-3), Multi-Family Residential (R-3), and
Single-Family Residential (R-1AA)
Special High Density Residential (SHDR) (max. 20 units/acre)
Infill Planned Unit Development (IPUD)
Page 2
File Number: LUAR 06-018
Name: Casa del Mar
Proposed Use:
42 fee-simple townhouse units and 40 condominiums (19.95
dwelling units/acre)
Adjacent Uses:
North:
To the north, property designated Special High Density Residential
(SHDR) and zoned Intill Planned Unit Development (IPUD),
approved for 30 townhomes and 40 condominiums at a density of
19.94 dwelling units per acre (forthcoming Peninsula at Boynton
Beach project);
South:
Right-of-way for Dimick Road, and farther south at the
intersection with Federal Highway, a vacant parcel designated
Local Retail Commercial (LRC) and zoned Community Commercial
(C-3), and several single-family residences on the south side of
Dimick Road that are designated Low Density Residential (LOR)
and zoned Single-Family Residential (R-1M);
The Intracoastal Waterway (ICWW) to the northeast, and to the
southeast right-of-way for Lake Drive, and single-family
residences on the east side of Lake Drive that are designated low
Density Residential (LDR) and zoned Single-Family Residential (R-
1M); and,
East:
West:
Right-of-way for Federal Highway, and farther west across
Federal Highway, the Crossings PUD designated High Density
Residential (HDR) and zoned Planned Unit Development (PUD).
EXECUTIVE SUMMARY
Staff recommends that the requested land use amendment and rezoning be approved for the
following reasons:
1. The request is consistent with the goals and objectives of the Comprehensive Plan;
2. The request is consistent with the intent of the Federal Highway Corridor Community
Redevelopment Plan;
3. The request will not create additional impacts on infrastructure that cannot be
accommodated by existing capacities; and,
4. The proposed development will contribute to the overall economic development of the
City.
Page 3
File Number: LUAR 06-018
Name: Casa del Mar
PROJECT ANALYSIS
The parcels which are the subject of this land use amendment total 4.11 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.
Master Plan/Site Plan Analvsis
The Land Development Regulations require approval of a master plan concurrent with approval
of a rezoning to the Infill Planned Unit Development (IPUD) district. If the project is to be
constructed in one (1) phase, a site plan may take the place of the master plan, as is requested
in this case.
The Master Plan / Site Plan proposes a multi-family development of 82 units (42 fee-simple
townhouses and 40 condominiums) at a gross density of 19.95 dwelling units per acre (du/ac).
The 11 proposed townhouse buildings are three (3) stories and consist of three (3) to four (4)
units within each building, each unit having a two-car garage. The condominium building,
located east of the townhouse buildings, consists of four (4) floors with a total of ten (10) units
on each floor, and an under-story parking garage with 63 parking spaces, including (2) spaces
designated for handicap use.
Principal ingress/egress for the gated project is from North Federal Highway located on the
west side of the project. A secondary ingress/egress is located on Dimick Road on the south
side of the project approximately 150 feet east of Federal Highway. The internal circulation
streets form a grid-like pattern with garage access for the townhouse residents opening onto
these private roadways. Pedestrian circulation is separated from the roadways, reducing
potential conflicts with vehicular circulation. Recreation amenities for the proposed
development would include a community swimming pool and one-story clubhouse located on
the Intracoastal Waterway, various usable open space areas on site, a central fountain, and
public artwork visible from Federal Highway.
Two (2) parking spaces are required for each of the 82 units, and five (5) parking spaces are
required for the amenity area, for a total of 169 required site parking spaces on site. Each of
the 42 townhouse units will have a two-car garage which provides the required 84 townhouse
parking spaces. The under-story parking garage for the 40 unit condominium building will
provide 63 parking spaces, including two (2) handicap spaces. The remaining 22 spaces
required for the condo units and the amenity area will be provided immediately adjacent to and
west of the condo building. Additionally, a total of nine (9) visitor spaces are planned
throughout the townhouse areas, bringing the total parking spaces provided on site to 178
spaces, an excess of nine (9) spaces. The plan also indicates a total of nine (9) on-street
parking spaces on the north side of Dimick Road adjacent to the townhouse units.
Page 4
Ale Number: LUAR 06-018
Name: Casa del Mar
The Master Plan / Site Plan indicates a 20 foot front building setback for proposed townhouse
buildings along Dimick Road, which mirrors the front setback of single-family residences on the
south side of Dimick Road. In addition, the proposed condominium building will be setback 28
feet from the southeast property line, with a building step-back of 17 feet from the second floor
upwards. Perimeter landscape buffers consisting of Sabal Palm, Thatch Palm, and Wax Myrtle
trees and Wild Coffee and Myrsine shrubs to be spaced one every ten to twenty feet will also
mitigate impacts on adjacent properties within this area of transition.
Since a site plan is substituting for a master plan, as allowed for rezoning to the IPUD district, a
more comprehensive discussion of the details and site plan issues is provided by staff as a part
of the review of the corresponding site plan (see NWSP 06-015).
Review Based On Criteria
The criteria used to review Comprehensive Plan amendments and rezoningsare listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to, a prohibition against any increase in
dwelling units exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the CitVs 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.
The property in question does lie east of Federal Highway, and therefore is in the hurricane
evacuation zone, and the applicant proposes to develop a total of 82 units, which exceeds the
50-unit level. Staff recommends as a condition of approval for the new site plan that the
developer apprise each homebuyer in the development of the fact that they are buying property
in a hurricane evacuation zone, and provide a mechanism to disseminate continuing information
to residents concerning hurricane evacuation and shelters, through established homeowners'
and condominium associations.
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 classification, intended to
support redevelopment in the coastal area. Land use amendments and rezonings which change
designations from commercial to residential uses 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
Page 5
File Number: LUAR 06-018
Name: Casa del Mar
"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. "
The requested land use amendment and rezoning are consistent with both policies since it
would remove the possibility that commercial development could be built on the front portion of
the property (in the portion with the existing LRC land use classification).
In addition, the requested changes are consistent with the strategies identified for this planning
area, which has the role of being an entrance into the City. The subject property is located in
Planning Area I 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 requested land use amendment and rezoning would promote efficient use of the subject
property. The property's location within both the Community Redevelopment Area and
Planning Area I of the Federal Highway Corridor supports the requested increase in allowable
density for the area. The property to the north (The Peninsula at Boynton Beach) was recently
approved for 30 townhomes and 40 condominiums at a similar density of 19.94 dwelling units
per acre. While the requested density is greater than that of the existing single family
development across Dimick Road and Lake Drive, it is consistent with the transition in uses
recommended in the Federal Highway Corridor Community Redevelopment Plan. It is also
typical of the development pattern In the coastal area, where there coexists a combination of
both single family neighborhoods and multi-family developments.
Page 6
File Number: LUAR 06-018
Name: Casa del Mar
c. Whether changed or changing conditions make the proposed rezoning desirable.
The request for conversion of parcels designated for commercial uses and single-family
residential to mUlti-family residential for condominium and townhouse development has become
more prevalent in the Federal Highway corridor in the last four years. Often the conversion
serves to remove marginal, and sometimes undesirable, commercial uses. Additionally,
adoption of the IPUD regulations in June, 2002 provided an attractive incentive for
redevelopment and infill projects on smaller parcels in the Federal Highway corridor. These two
changes in conditions serve to make the proposed rezoning desirable.
The property is currently undeveloped and previously supported a plant nursery.
Redevelopment of the property Is desirable for both beautification and economic benefit. The
proposed rezoning maintains the residential character of the area, and will provide an
aesthetically pleasing living environment in proximity to the downtown.
d Whether the proposed use would be compatible with utility systems, roadways, and
other public fadlities.
The Palm Beach County Traffic Division has determined that the proposed residential
redevelopment project is located within the County-designated Coastal Residential Exception
Area, and therefore meets the Traffic Performance Standards of 'Palm Beach County. The
Division has approved the project for traffic concurrency with a build-out date of 2008.
The applicant has provided concurrency approval from the School District of Palm Beach County
indicating that adequate school capacity exists to accommodate the resident population of the
42 proposed townhouse and the 40 condominium units.
The proposed land use amendment and rezoning is compatible with utility systems, roadways,
and public facilities. Based on the Oty's adopted levels of Service (LOS) for potable water (200
gallons per capita per day (GPCD) and sewer service (90 GPCD), the projected demand is
expected to be 35,260 gallons (200 gallons x 82 units x 2.15 persons per unit) for water and
15,867 GPCD (90 gallons x 82 units x 2.15 persons per unit) for sewer service. The Oty's water
capacity, as increased through the purchase of up to 5 miflion gallons of potable water per day
from Palm Beach County Utilities, would meet the projected demand for this project.
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.
The proposed land use amendment I rezoning would be compatible with the current and future
use of properties located to the north, south, east, and west of the subject property in
accordance with the vision for the corridor as represented by the redevelopment plan. Property
Page 7
File Number: LUAR 06-018
Name: Casa del Mar
to the north was recently zoned IPUD and approved for a similar development (Peninsula
project). Property to the south across Dimick Road consists of single-family residences zoned
R-1AA, however they are separated from the proposed 3-story townhouses by a total of 80 feet
which consists of Dimick Road (a 40 foot right-of-way), and a 20 foot front setback which
mirrors the front setback of the R-1AA lots on the south side of Dimick Road. The adjacent
property to the southeast, located on the east side of Lake Drive, consist of single-family
residences zoned R-1AA, and will be adjacent to the 4-story condominium building. However,
the condo building is proposed on a lot currently zoned R-3, which permits multi-story
residential buildings of 45 feet. In addition, the proposed condo building will have a 28 foot
setback from the south property line, and a building step-back of 17 feet (from the second floor
up) at the southeast corner of the building, for a total of 45 feet from the east property line.
Staff has recommended conditions of site plan approval to mitigate the vertical impact of the
proposed condo building, such as additional tree height, and a compatible transition between
ground elevations with adjacent property. Property to the west consists of one commerdal
parcel at the intersection of Federal Highway and Dimick Road. A residential PUD farther west
is separated from the subject property by Federal Highway and the Florida East Coast Railway
rights-of-way.
There are no indications that the proposed amendment / rezoning would negatively impact
property values. The applicant states that the new development would have a positive impact
on the value of surrounding properties and is likely to spur investment in adjacent properties
which would further increase their values. Staff concurs that the development would have a
positive effect on values of adjacent properties.
f. Whether the property is physically and economically developable under the existing
zoning.
The current zoning of the subject property (C-3, R-3, and R-1AA) would allow a potential
density I intensity of approximately 5,946 square feet of commercial, 25 multi-family residential
units, and six (6) Single-family residential units. The location of the property with frontage on
Federal Highway and the Intracoastal Waterway, and its location in Planning Area I of the
Federal Highway Corridor Community Redevelopment Plan support the requested Special High
Density Residential (SHDR) and Infill Planned Unit Development (IPUD) designations. The land
use amendment to SHDR and rezoning to IPUD will enable an economically viable, timely
redevelopment project with a unified plan of development on site.
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 land use amendment and rezoning present the opportunity for redevelopment in
a highly visible entrance corridor to the City and will also support the current trend toward
greater residential uses in this area, economic revitalization, and downtown redevelopment.
h. Whether there are adequate sites elsewhere in the dty for the proposed use, in
districts where such use is already allowed.
Page 8
File Number: LUAR 06-018
Name: Casa del Mar
Residential densities up to 20 dwefling units per acre are permitted in the Federal Highway
corridor to encourage Infifl 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
dwelling units per acre; 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/RECOMMENDATIONS
Criteria for evaluating the benefits of the proposed development to the needs of the
neighborhood and the Oty include service demands, density, use, value and consistency with
Comprehensive Plan.policies. As indicated herein, staff concludes that the request is consistent
with the goals and objectives of the Comprehensive Plan; consistent with the intent of the
Federal Highway Corridor Community Redevelopment Plan; will not create additional impacts on
infrastructure that cannot be accommodated by existing capacities; and, will contribute to the
overall economic development of the City, therefore staff recommends approval of this request
for land use amendment and rezoning.
If the Community Redevelopment Agency Board or the City Commission recommends
conditions, they will be included as Exhibit "C".
ATIACHMENTS
S:\Planning\SHARED\WP\PROJECT5\Casa del Mar\LUAR\Statf Report.doc
~ ~.- \/
...
a
E;J
1 In. = 164.8 feet 01 010
0180
f;3 t;j
0200 0290
0080
0050 0060
.._.. .._.._.._.._u_.._.._.._.._.._n_.'_ .._n_O._.._.... .,_.._.._ ..-...-..-..-..-..-. .-..-..-..
0010
SITE
0220 0250
0010 0080 1200140 0160
0200 0280
0310
0550 0400 0331
0520 0480 0460 0440
0380 0350
0900 0920
0120 0760 0780 0810 0840
0860
0680 0950
1250
1
0070
0990
EXHIBIT "A"- CASA DEL MAR LOCATION MAP
r;-,,:;-,,<
\J( j" I
~ .._-
;~.,,':"V
U f'-. 'l("> ./
50
1090
1180 116011401120
1060 1030
EXHIBITB
~
z
-<
....
a...
w
....
-
Vl
'-
W
....
-
'^
at:
w
:;;l
~
,...
-1
J-ilri~nw,-, ~~~--'!--I-/~~:' f-/,I!, --,---/,-, ~
~!~ IliII. sm 1IYW l~a VSYJ I 11111 I iU
JIll" ,
[I; " :~
I . I.lR!B1m
I .... .. '. .... I .... '"
! -, -! -!I I.
: .;...... .;~... ...... " i ........1 ~
~
II ! r I
II ~o~ ~I 'i
1< . I J
~ J ~ I
<i .~ ~~'~Jl~ I
,. fl:' I
o~ t- ~ l
~~r ~~1 fiil: v
o r:j= =* - j:: I i
un= ~ -1= ..
o T , , "'t- ~ UYM~oImJQI ,0>)
~r~ '11 -~~ ~,. :;..- ztnla JlXY]
~i~~ Ii ~- H 0 -I . w.-
,~!I.. ~ lIT 111 1
) '. ., ~
~
~
~Ejj
II
II
'*---
Ir..,
111111
J ITlI r
I
~
.
I
J
-- I
i'
!~
I
I
~
..
I
-:! -
-
II'
1.1
~I
!!!!
r-.
"
~
tlYON7JJw .LSr0,7 ,,-..
-..., YazNO'li[
<<:j]
- fII;j I
1;1
) \J
t
~..... -=--
u~~
-= &car. ~A)
11 tlYaa ~,."-S'
1 ~~
-
JIIII
:l~
~~~
.
I
I
.
'~r~~ Ilhl; .
111I It,
i
J
~l. i
~!. .
.
'"
I
I I.- I I i
:'1 ; f .ar (:. a il
1'!I,.Iq;," ii'! .' 1(1
I. I~ 't' ,,1- ~I:. il
i,il, ;'1= II'i,',!i,!, jt I,!-;'
, 1,.1 . 1.I.iI J. n
i 1/1111111111 ill iii"I II!
I ijjilh!II!lI!!j n!lil!il
i ~!ihnhimihl JlfldUd
",I......
~ISII'II
S'IJI'II
~ 1111111
~
~ I.......
~ 11"'11'
~ ........
'11111111
~;
I
I
f
.,
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
KII. LEGAL
DEVELOPMENT
ITEM A.I0
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 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) [8] July 18, 2006 July 3, 2006 (Noon)
NATURE OF
AGENDA ITEM
c
..--
';'---"1
D Administrative D Development Plans ; -,
(~:::. '.<: ;
D Consent Agenda D New Business
D Public Hearing [8] Legal
D Bids D Unfinished Business
D Announcement D Presentation
" .~n
D City Manager's Report ' ..~--.
-p-\' ;
,- ~""1 j :-~--"
. ~. .
'\,~.
RECOMMENDATION: Please place this request on the July 18, 2006 City COnmllssion Agenda under Legal,
Ordinance - Second Reading to follow review of the corresponding ordinances for land use amendment and rezoning. The
City COnmllssion tabled this request on July 5, 2006 to allow for final action on the corresponding ordinances prior to review
of this height exception item. For further details pertaining to the request, see attached Department Memorandum No. 06-
117.
EXPLANATION:
PROJECT:
AGENT:
Casa del Mar (HTEX 06-007)
Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky, Smith, Schuster
& Russell, P.A.
Ocean Boulevard Properties, LLC
2632 North Federal Highway (east of Federal Highway, north of Dimick Road)
Request for a height exception of approximately nine (9) feet to allow a mansard roof to
exceed the maximum building height of 45 feet, for a total of 53 feet 6 inches (53-6") at
its highest point.
OWNER:
LOCATION:
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Developmen epartmnt Director
),1./'6) .~ ~
Planning and Zo' rrector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\HTEX\Agenda Item Request Casa del Mar HTEX 06-007 7-18-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PlANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06.117
Chair and Members
Community Redevelopment Agency Board and City Commission
. ~-~
Michael Rumpf t'
Director of Planning and Zoning
Kathleen Zeitler Ie 2-
Planner
June 6, 2006
Casa Del Mar / HTEX 06-007
Height Exception
Ocean Boulevard Properties, LLC (Dirk Ziff, Managing Member)
Property Owner:
Applicant:
Agent:
location:
Existing Land Use:
Existing Zoning:
Proposed land Use:
Proposed Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
Lancore Nursery, LlC (Merv McDonald, Managing Member)
Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky, Smith,
Schuster & Russell, P.A.
2632 North Federal Highway (see Location Map - Exhibit "AfT)
Local Retail Commercial (LRC), High Density Residential (HDR), and low Density
Residential (LOR)
Community Commercial (C-3), Multi-Family Residential (R-3), and Single-Family
Residential (R-1AA)
Special High Density Residential (SHDR - max. 20 du/ac)
Infill Planned Unit Development (IPUD)
42 fee-simple townhouse units and 40 condominiums (19.95 dwelling units/acre)
4.11 acres (179,130 sf)
To the north, property designated Special High Density Residential (SHDR) and
zoned Infill Planned Unit Development (IPUD), approved for 30 townhomes and
40 condominiums at a density of 19.94 dwelling units per acre (Peninsula at
Boynton Beach);
Right-of-way for Dimick Road, and farther south at the Intersection, a vacant
parcel designated local Retail Commercial (LRC) and zoned Community
Commercial (C-3), and several single-family residences on the south side of
Dimick Road that are designated low Density Residential (LOR) and zoned
Single-Family Residential (R-1AA);
Page 2
Casa del Mar HTEX 06-007
Memorandum No. PZ 06-117
East:
The Intracoastal Waterway (ICWW) to the northeast, and to the southeast rlght-
of-way for Lake Drive, and single-family residences on the east side of Lake
Drive that are designated Low Density Residential (LDR) and zoned Single-
Family Residential (R-1AA); and,
West:
Right-of-way for Federal Highway, and farther west across Federal Highway, the
Crossings PUD designated High Density Residential (HDR) and zoned Planned
Unit Development (PUD).
BACKGROUND
The applicant is proposing a multi-family residential redevelopment project consisting of 42 fee-simple
townhouses and 40 condominium units located on the east side of Federal Highway near Dimick Road.
The project is currently pending a land use amendment request (LUAR 06-018) from Local Retail
Commercial (LRC), High Density Residential (HDR), and Low Density Residential (LDR), to the Special
High Density Residential (SHDR) land use classification, and a rezoning request (LUAR 06-018) from
Community Commercial (C-3), Multi-Family Residential (R-3), and Single-Family Residential (R-1AA), to
the Infill Planned Unit Development (IPUD) zoning district. In addition, the subject property is also
pending approval of a new site plan (NWSP 06-015) for the townhouse and condominium project.
\pproval of the site plan will be contingent upon the approval of the accompanying request for land use
amendment / rezoning (LUAR 06-018).
The Casa del Mar Master Plan / Site Plan proposes a total of 42 townhouses in 11 buildings and a
separate condominium building with 40 units. The requested height exception is applicable only to the
condominium building (see Exhibit "B"). The proposed condominium building is four (4) stories with an
under-story parking garage. The exterior elevations for the condo building indicate the top of the fourth
floor is 45 feet in height. However, above this point the four (4) story condo building will have a flat roof
with a parapet wall of less than five (5) feet to screen rooftop mechanical equipment, as well as pitched
roof profiles. The roof profiles are located only on portions of the building, mainly to accommodate
elevator shafts and stairwells.
Article II. Definitions, Building I Structure Height states that building height for gable or hip roofs is
measured to the midpoint between the eaves and the ridge. The front building elevation for the condo
building indicates the highest roof prOfile located above the main entrance will have a roof height of 53
feet 6-inches measured at the midpoint of the roof. The applicant therefore is requesting a height
exception of nine (9) feet above the maximum building height of 45 feet allowed in the IPUD zoning
district.
ANALYSIS
Article II. Definitions, Building I Structure Height states rooftop penthouses, stairwefls, and mechanical
'nd electrical equipment shall be concealed by or constructed of exterior architectural materials or
,eatures of the same type or quality used on the exterior waifs of the main building and may only exceed
the maximum building height pursuant to the provisions of Olapter 2, SectIon 4.F. of the Land
Development Regulations.
Page 3
Cas a del Mar HTEX 06-007
Memorandum No. PZ 06-117
Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height limitations and Exceptions,
limits all portions of structures to a maximum height of forty-five (45) feet above the minimum finished
floor. Noted exceptions to the maximum building height include noncommercial towers, church spires,
domes, cupolas, flagpoles, electrical and mechanical support systems, parapets, and similar structures.
However, the noted exceptions are allowed only through obtaining approval from the City Commission.
In considering an application for exception to the district height regulation, the City Commission shall
make findings indicating the proposed exception has been studied and considered in relation to minimum
standards, where applicable.
The City Commission approved a new method for measuring building height based on roof type
(Ordinance 02-010, adopted on March 19, 2002). The goal of the new definition was to be consistent
with current standards and to allow more flexibility In building design. Plans indicate the requested
height exception Is not applicable to the entire roof of the proposed condominium building, only the
portions above the upper balconies and where elevator shafts and stairwells will exist. Building height
for pitched gable or hip roofs Is measured from the finished grade to the midpoint between the eaves and
the ridge. The front building elevation indicates the highest roof profile located above the main entrance
will have a roof height of 53 feet 6-inches at the midpoint of the pitched roof. Therefore, the applicant is
requesting a nine (9) foot height exception to the maximum building height of 45 feet.
The objective of the CRA, in part, is to support and stimulate revitalization efforts in the heart of the City.
Staff recognizes that infill residential development along Federal Highway is desirable, and creates a
transition in intensity from the downtown to single-family neighborhoods. As evidenced by previous
approvals, this request for height exception would not constitute a grant of special privilege, nor would it
impact adjacent properties, due to the small percentage of the overall roof area that is subject to the
height exception. In addition, the building setback from the property line adjacent to Lake Drive coupled
with the actual step-back of the second through fourth floors of the condominium building, and the
landscaping to the south will serve to mitigate the additional height and provide for compatibility with
adjacent properties.
RECOMMENDATION
As previously mentioned, staff generally supports the redevelopment efforts proposed in the
accompanying requests for land use amendment and rezoning (LUAR 06-018) and the new site plan
(NWSP 06-015) for the Casa del Mar project. Staff is recommending approval of these application
requests and recommends approval of the request for a 9-foot height exception.
Should this request be approved, approval should be contingent upon satisfying all staff comments noted
in Exhibit "c" - Conditions of Approval. Should the Board or City Commission have any additional
comments, they will be placed accordingly within Exhibit "C".
S:\PIannlngISHAREDlWP\PROJECTS\Casa del Mar\HTEX O6-OO7IStafl Report.doc
...
1 In. = 164.8 feet
~..--
El
01t!j
0080
~
~
0050
. -."-. -. ..-..........-..-. "... ..-...............-.. ....-...-.......-....... '..'...'-.".'''_ ...._....u_ u..".,,,.,,,.,,..,
~~~\ \
... ( )Ji
,~~:,h
1 .' (.~ ~'.__-
1
0070
50
1090
0990
1250
1180 116011401120
1060 1030
~
0060
EXHIBIT "A" - CASA DEL MAR LOCATION MAP
I I I
'::11=,1:11'
" " .
I I I
-:=II:d.d:
~ l ~
" . "
...I! .I! .II!'
. '15"15' !
~ l ~
. . "
I
:.. :.1
.
"
z
o
~
~~
~i
11;~~ll!H I ~
IUli I !II !!
I
I h~ I ~
..gi:; I
~t:lii <C
N
li~l
I
I
I
J! J J ~ I H
-,
EXHIBIT ":
l
~
~
,...
.J
r
~
,
B
EXH\Bn "I
..----.........~-~......_........JIIiI't._____."""_....................._..._ ~___.....~..............,.......~....___ 0
i Igr !..I!J,111111 A1l~~~NVl I' II,a~ll HI II I Ilg~ 1lJ1
S2.~_ 111111 ii If'H:MINOImDt i II I'll II ~...<
~~l~ iliili !lig 1IVW lIO VSYJ I I Jill En - h ~i; ~
r 1 r ,~ ill
. ~ : ~
t ~
I J
/ IIUtIll
11111111
IUUIII
...
~
k
i
,..,
"1
r-
..J
~jJr-ihllijl--1 ~~~--l!---ili~~;-I !tl'"--, i --1-----'-11-' ~-
1~~~ iliili :ill lIYW HQ YSV:) I I Uli 1111. I! ' "
~0
.~
~
: ~
I
EXHIBlT "E
-.l
EXHIBIT "C"
Conditions of Approval
Project name: Casa del Mar
File number: HTEX 06-007
Reference: Sheets A-3.4. A-3.5. A-2.11 on 3rd review plans identified as a New Site Plan with a Mav 30.2006
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
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
CONDITIONS OF APPROVAL
Casa del Mar (HTEX 06-007)
PAGE 2
DEPARTMENTS INCLUDE REJECT
COMMUNITY REDEVELOPMENT AGENCY COMMENTS:
Comments:
None X
CITY COMMISSION COMMENTS:
Comments:
To be determined.
MWR/kz
S:\Planning\Shared\WP\PROJECfS\Casa del Mar\HTEX 06-007\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
APPLICANT:
APPLICANT'S AGENT:
Casa del Mar
lancore Nursery, LLC (Merv McDonald, Managing Member)
Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky,
Smith, Schuster & Russell, P.A.
AGENT'S ADDRESS:
222lakeview Avenue, #800, West Palm Beach, FL 33401
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
July 5, 2006
TYPE RELIEF SOUGHT: Request for a height exception of nine (9) feet above the maximum
building height of 45 feet to allow pitched roof profiles to accommodate
elevator shafts and stairwells on a proposed condominium building on
4.11 acres zoned Infill Planned Unit Development (IPUD).
lOCATION OF PROPERTY: 2632 North Federal Highway (east side of Federal Hwy, north of Dimick
Road).
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:\Plannlngl\SHAREDlWPlPROJECTS\ Casa del Mar\HTEX 06-007\DO.doc
~\1"Y O;t-
( .. . ."
\Il \ .' ... ...... J:
0\ ." ... ...< (;
>~)
1'0 N 13
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. LEGAL
DEVELOPMENT
ITEM A.ll
Requested City Commission Date Final Fonn 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)
0 April] S, 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) ~ July IS, 2006 July 3, 2006 (Noon)
NATURE OF
AGENDA ITEM
- .
~.. J ~~~
-- .,-
'''-.."
0 Administrative 0 Development Plans c~_
0 Consent Agenda 0 New Business -.
0 ~ Legal ~:.' 'I .---
Public Hearing
0 Bids 0 Unfinished Business .o-"'':J
0 Announcement 0 Presentation ~--
t,_' ;.
-~ ~-
0 City Manager's Report = .; - ~- i j i
.~)>
-~ " ;c;
RECOMMENDA TlON: Please place this request on the July 18, 2006 City Commission Agenda under Legal,
Ordinance - Second Reading to follow review of the corresponding ordinances for land use amendment and rezoning, The
City Commission tabled this request on July 5,2006 to allow for final 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. 06-116.
EXPLANA TlON:
PROJECT:
AGENT:
Casa del Mar (NWSP 06-015)
Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky, Smith, Schuster
& Russell, P.A.
Ocean Boulevard Properties, LLC
2632 North Federal Highway (east of Federal Highway, north of Dimick Road)
Request for new site plan approval for the construction of 42 townhomes, 40
condominiums, recreational amenities and related site improvements on 4.11 acres to be
zoned IPUD.
OWNER:
LOCATION:
DESCRIPTION:
Proposed use:
Multi-family development (82 units at 19.95 dus/acre)
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
CM/
Developm t Depa
k . d ~p____
Planning~ and Zo . g Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\NWSP\Agenda Item Request Casa del Mar NWSP 06-015 7-IS-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-116
STAFF REPORT
FROM:
Chair and Members
communi~ent Agency Board and City Commission
Michael Rumpf
Planning and Zoning Director
Kathleen Zeitler ~Z
Planner
TO:
THRU:
DATE:
June 6, 2006
PROJECT NAME/NO:
Casa del Mar / NWSP 06-015
REQUEST:
New Site Plan
PROJECT DESCRIPTION
Property Owner: Ocean Boulevard Properties, LLC (Dirk Zift, Managing Member)
Applicant: Lancore Nursery, LLC (Merv McDonald, Managing Member)
Agent: Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky,
Smith, Schuster & Russell, P.A.
Location: 2632 North Federal Highway (see Location Map - Exhibit "A'')
Existing Land Use: Local Retail Commercial (LRC), High Density Residential (HDR), and Low
Density Residential (LDR)
Existing Zoning: Community Commercial (C-3), Multi-Family Residential (R-3), and Single-
Family Residential (R-1AA)
Proposed Land Use: Special High Density Residential (SHDR - max. 20 du/ac)
Proposed Zoning: Infill Planned Unit Development (IPUD)
Proposed Use: 42 fee-simple townhouse units and 40 condominiums (19.95 dwelling
units/acre)
Acreage: 4.11 acres (179,130 sf)
Adjacent Uses:
North:
To the north, property designated Special High Density Residential
(SHDR) and zoned Infill Planned Unit Development (IPUD), approved for
Staff Report - Casa del Mar (NWSP 06-015)
Memorandum No PZ 06-116
Page 2
South:
East:
West:
30 townhomes and 40 condominiums at a density of 19.94 dwe/Jing units
per acre (forthcoming Peninsula at Boynton Beach project);
Right-of-way for Dimick Road, and farther south at the intersection with
Federal Highway, a vacant parcel designated local Retail Commercial
(LRC) and zoned Community Commercial (C-3), and several single-family
residences on the south side of Dimick Road that are designated Low
Density Residential (LDR) and zoned Single-Family Residential (R-1AA);
The Intracoastal Waterway (ICWW) to the northeast, and to the
southeast right-of-way for Lake Drive, and single-family residences on the
east side of Lake Drive that are designated low Density Residential (LOR)
and zoned Single-Family Residential (R-1AA); and,
Right-of-way for Federal Highway, and farther west across Federal
Highway, the Crossings PUD designated High Density Residential (HDR)
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 has certified that they posted signage and mailed notices in
accordance with Ordinance No. 04-007.
Site Features:
Proposal:
The subject property, which is part of Study Area I of the Federal Highway Corridor
Redevelopment Plan, is located on the east side of North Federal Highway, north of
Dimick Road. The property has approximately 161 feet of frontage on North
Federal Highway, approximately 425 feet of frontage on Dimick Road, and the
northern portion of the site extends to the Intracoastal Waterway. The property Is
comprised of Lots 8 - 24, Lakeside Gardens (Plat Book 8, Page 57) and lot 1, Hulls
Subdivision (Plat Book 2, Page 17). The previous use of the subject property was a
plant nursery. The only structure remaining on site from the previous use is a
shade house, which will be removed. An existing seawall located on the east
property line of Lot 1, Hulls Subdivision will be removed, and a new seawall is
planned near the mean high water line. Existing ground elevations indicated on
the survey vary from 4 to 8 feet.
BACKGROUND
The Land Development Regulations require approval of a master plan concurrent
with approval of a rezoning to the Infill Planned Unit Development (IPUD) district.
If the project is to be constructed in one (1) phase, a site plan may take the place
of the master plan, as is requested in this case.
The agent, on behalf of the applicant, Is proposing a new Site Plan for 42 fee-
simple townhouse units and 40 condominium units. The applicant Is
simultaneously requesting a land use plan amendment to Special High Density
Residential (SHDR) and rezoning to Infill Planned Unit Development (IPUD). The
property is located within Study Area I of the Federal Highway Corridor
Staff Report - Casa del Mar (NWSP 06-015)
Memorandum No PZ 06-116
Page 3
Concurrency:
Traffic:
Utilities:
Policel Fire:
Drainage:
Redevelopment Plan and, as such, would be eligible for the Special High Density
Residential (SHDR) land use classification, which allows a maximum of 20 dwelling
units per acre. The proposed Site Plan includes or consists of a multi-family
development of 82 units (42 fee-simple townhouses and 40 condominiums) at a
gross density of 19.95 dwelling units per acre (dujac).
Fee-simple townhouses and condominiums are permitted uses in the IPUD zoning
district. Under the Special High Density Residential land use category, the
allowable project density, based on the acreage of the subject property, would be a
maximum of 82 dwelling units (20 units per acre). The project proposes a total of
82 dwelling units, which equals the maximum density allowed. Recreation
amenities for the proposed development would include a community swimming
pool and one-story clubhouse located on the Intracoastal Waterway, various usable
open space areas on site, a central fountain, and public artwork visible from
Federal Highway.
Approval of this project is contingent upon the approval of the corresponding
requests for a land use amendment and rezoning (LUAR 06-018).
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. However, the approval stipulates that no
building permits for the project are to be issued by the City after the project's build-
out date of 2008.
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 (projected water demand is estimated to be
35,260 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 15,867 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).
Staff reviewed the site plan and determined that current staffing levels would be
sufficient to meet the expected demand for services.
Conceptual drainage Information was prOVided for the City's review. The
Engineering Division has found the conceptual Information to be adequate and Is
Staff Report - Casa del Mar (NWSP 06-015)
Memorandum No PZ 06-116
Page 4
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 applicant has obtained school concurrency approval from the School District of
Palm Beach County confirming that adequate capacity exists to accommodate
student residents of the proposed 82 dwelling units.
Vehicular Access: Principal ingress/egress for the gated project Is from North Federal Highway
located on the west side of the project. A secondary Ingress/egress Is located on
Dimick Road on the south side of the project approximately 150 feet east of Federal
Highway.
Circulation: The two-way streets Internal to the development will be privately-owned streets
which provide primary vehicular drculation Internal to the development. The
internal circulation streets form a grid-like pattern with garage access for the
townhouse residents opening onto these private roadways. Pedestrian circulation
is separated from the roadways, reducing potential conflicts with vehicular
circulation.
Street Width: Per the IPUD zoning district regulations, privately-owned streets providing
secondary vehicular drculation internal to the IPUD may be considered for approval
with right-of-way and pavement widths less than the minimum PUD requirement of
40 feet, however in no case shall health, safety, and / or welfare be jeopardized.
These roads are for the use by residents and service proViders alike. Solid waste
pickup for the townhouse units would be roll-out curbside service for each unit,
rather than a centralized trash dumpster, therefore large garbage trucks will be
required to maneuver and circulate throughout the proposed development.
The proposed plans have been reviewed by the Engineering Division for compliance
with Oty standards for IPUD zoning, Induding internal street width, utilities within
those streets, and safe sight distances. The Engineering Oivisionhas determined
that the 36 foot street width is acceptable and the plan is in compliance with the
City's requirements.
Setbacks:
The IPUD zoning district has no specific minimum building setback requirements,
except that "perimeter setbacks shall mirror setbacks of adjacent zoning district(s)
but with a minimum of the setback required for a single-family residence, as
determined by the orientation of structures in the IPUD". The proposed perimeter
setbacks of between 10 to 20 feet are consistent with other similar developments
along the Federal Highway Corridor. A 20 foot bUilding setback is prOVided from
Federal Highway and Dimick Road. A 10 foot side setback Is provided along the
north property line adjacent to the Peninsula project. A 10 foot side setback Is also
provided for two (2) townhouse buildings adjacent to Lake Drive. The
condominium buifding has a 28 foot setback from the south property line, and an
additional building step-back of 17 feet from the second floor upward. These
building setbacks have been provided for compatibffity purposes, as this project
Staff Report - Casa del Mar (NWSP 06-015)
Mernorandum No PZ 06-116
Page 5
Parking:
landscaping:
represents a transition from the detached single-family residences to the south and
east. These setbacks around the perimeter of the development are intended to
accommodate privacy fencing, landscape buffers, and outdoor air conditioning
equipment, as well as to provide some common area for the enjoyment of the
respective residents.
The 11 proposed townhouse buildings are three (3) stories and consist ofthree (3)
to four (4) units within each building, each unit having a two-car garage. The
condominium building, located east of the townhouse buildings, consists of four (4)
floors with a total of ten (10) units on each floor, and an under-story parking
garage with 63 parking spaces, Including (2) spaces designated for handicap use.
A recreational amenity area consisting of a community pool and clubhouse on the
Intracoastal will require a total of five (5) parking spaces.
Two (2) parking spaces are required for each of the 82 units, plus five (5) parking
spaces are required for the amenity area, for a total of 169 required parking spaces
on site. Each of the 42 townhouse units will have a two-car garage (approximately
22' by 23') which will provide the required 84 townhouse parking spaces. The
under-story parking garage for the 40-unit condominium building will provide 63
parking spaces, including two (2) handicap spaces. The remaining 22 spaces
required for the condo units and the amenity area will be provided immediately
adjacent to and west of the condo building. Additionally, a total often (10) visitor
spaces are planned throughout the townhouse areas, bringing the total parking
spaces provided on site to 179 spaces, an excess of ten (10) spaces. The plan also
indicates a total of nine (9) off-site (on-street) parking spaces will be provided on
the north side of Dimick Road adjacent to the townhouse units.
The 90-degree parking stalls, excluding the handicap spaces, would be dimensioned
nine (9) feet 8-inches in width and 18 feet in length and include wheelstops. All
proposed parking stalls, including the size and location of the handicap space, were
reviewed and approved by both the Engineering Division and Building Division. In
addition, all necessary traffic control signage and pavement markings will be
provided on site to clearly delineate areas on site and direction of circulation.
The landscape plan (sheet LP-1) indicates that 1.13 acre or 27% of the site would
be pervious surface. The landscape code requires that 50% or more of the plant
material be native species. The plant list (sheet LP-9) indicates the landscape plan
would provide a total of 162 canopy trees, of which 99 (or 61 %) would be native
species. The plant list indicates that 168 (or 61%) of the 275 palm trees would be
native species. Also, the landscape plan indicates a total of 4,223 shrubs, of which
2,128 (or 50%) would be native. The landscape plan notes indicate that non-
potable water will be used as the source of irrigation for the project. However, if
the non-potable water source proves to be too brackish, and potable water has to
be used for Irrigation purposes, then the use of drought-tolerant spedes shall be
utilized, and water conserving irrigation techniques be applied such as a drip
system (see Exhibit "c" - conditions of approval).
The proposed landscaping exceeds minimum code requirements and provides a
Staff Report - Cas a del Mar (NWSP 06-015)
Memorandum No PZ 06-116
Page 6
complimentary mix of canopy and palm trees such as Pigeon Plum, Geiger Tree,
Live Oak, Laurel Oak, Royal Palm, Coconut Palm, and Sabal Palm. All trees would
be the required minimum of 12 feet In height at time of planting. However, trees
proposed around the proposed buildings must be installed at one-half the height of
the building per the Land Development Regulations (see Exhibit "c" - Conditions of
Approval). All areas located outside the individual fee-simple townhouse lots
(building footprint only) and the condominium building would be under the control
of the Homeowners' and Condominium Associations to ensure proper maintenance
of the common landscaped areas.
The landscape plan shows that the ten (10) foot perimeter buffer would consist of
a six (6) foot masonry privacy wall along the north property line. The adjacent
Peninsula IPUD to the north is also required to have a privacy wall, and the
applicant will take measures to share their wall, rather than duplicate it. The 10
foot perimeter buffer along the north property line will have Geiger Tree, Yellow
Elder, and Thatch Palm trees, with Wild Coffer, Myrsine, and Silver Saw Palmetto
shrubs located on the interior of the wall. The trees would be installed
approximately every 10 to 20 feet. Also, a privacy wall is proposed along the
common property lines adjacent to the commercial parcel at the corner. Plantings
along the wall in this area will include Thatch Palm, Silver Saw Palmetto and Wild
Coffee installed approXimately every ten (10) feet. In addition, a masonry privacy
wall is proposed along the property line south of the condo building adjacent to lots
on Lake Drive. This ten (10) foot perimeter buffer will include Sabal Palm, Thatch
Palm, and Wax Myrtle planted installed approximately every ten (10) feet. Other
areas such as between townhouse buildings fronting rights-of-way, will include a
white aluminum rail picket fence five (5) feet in height with decorative masonry
columns, similar to the entry gate and pool fence enclosure.
Pedestrian circulation is proposed by connecting sidewalks which loop along the
front elevation of each townhouse building, the rights-of-way, and lead to the
public artwork on North Federal Highway, a central open space area, and along the
north and south sides of the condominium building to the clubhouse and pool area.
Each unit adjacent to Federal Highway and Dimick Road would have pedestrian
access from the front door of each unit to sidewalks along the right-Of-way, to
allow for pedestrians to engage the street.
Building and Site: As previously mentioned, the applicant is requesting to rezone the property to the
IPUD zoning district and develop at a density of 19.95 dwelling units per acre. The
maximum density allowed by the requested Special High Density Residential land
use classification is 20 dwelling units per acre. Proposed are a total of 82 units
consisting of 42 townhouse units and 40 condominium units on 4.11 acres
Townhouses: The 42 townhouse units are proposed within 11 separate buildings consisting of
three (3) to four (4) units each. All proposed townhouse buildings are three (3)
stories, and each unit includes three (3) bedrooms, three and one-half (3.5)
bathrooms, and a two-car garage. The floor plans propose several townhouse
models of various sizes as follows: Model "A" consists of 2,438 square feet under
air and a total of 2,984 square feet. Model "B" consists of 2,370 square feet under
Staff Report - Cas a del Mar (NWSP 06-015)
Memorandum No PZ 06-116
Page 7
air, and a total of 2,902 square feet. Model "e" consists of 2,288 square feet under
air, and a total of 2,837 square feet. Model "D" consists of 2,223 square feet under
air, and a total of 2,758 square feet.
Residents of each townhouse unit would receive their mail at a mailbox kiosk
located at the east side of townhouse building 5 where parking spaces are
available. Trash collection for the townhouse units would be individual roll-out
curbside service.
No Individual swimming pools or screened enclosures of patios or balconies are
proposed (or allowed) and would be noted as such on final plans and within the
Home Owners Association documents (see Exhibit "c" - Conditions of Approval).
The IPUD zoning district allows buildings to reach a maximum height of 45 feet.
The elevations show the townhouse buildings would be three (3) stories in height,
and 41 feet 3-inches at the highest point.
Condominium: A four-story 40 unit condominium building with an under-story parking garage is
proposed on the east portion of the subject property. Each floor would have a total
of ten (10) condo units, and each unit would consist of two (2) bedrooms, two (2)
baths, plus a den. Condominium models "A" - "D" range from 1,521 square feet
under air to 1,738 square feet under air. Although the architecture of the condo
building is more modern in appearance than the townhouse buildings, the building
materials and colors will be complimentary to each other. The condo building
would be at the maximum height of 45 feet at the top of the fourth floor, and a
height exception has been requested for the additional height needed to screen
stairwells, elevator shafts, and other mechanical equipment (see HTEX 06-007).
Amenity: The IPUD zoning district requires a minimum of 200 square feet per dwelling unit
to be provided for usable open space areas. The site plan indicates a total of
16,400 square feet (82 x 200) is required, and 46,060 square feet (or 562 square
feet per dwelling unit) of usable open space is provided.
The recreation amenity area would include a swimming pool and a clubhouse
building with restrooms, a kitchen, multi-use space, and lanai for the use of the
residents and their guests. The one-story pool clubhouse building of 1,348 square
feet is designed to match the architecture and building materials of the townhouse
buildings. A covered entry from the condo building will connect to the clubhouse
with a trellis. Sidewalks from the north and south of the condo building will lead
from the townhouses and the parking areas to the clubhouse. Bike racks would be
located on the south side of the clubhouse. The kidney-shaped pool and spa front
the Intracoastal Waterway and would have a decorative paver deck around it as
well as large planter areas. The fencing around the pool is consistent with the
white aluminum rail picket fencing proposed throughout the project.
Design:
The proposed townhouse buildings will resemble Spanish style architecture with
slate roof tiles, wooden outlookers, balconies, trellises, and arched doorways and
windows. Many of the same features are also proposed for the condo building.
Staff Report - Casa del Mar (NWSP 06-015)
Memorandum No PZ 06-116
Page 8
The project proposes a total of 11 townhouse buildings, with colors consisting of
the following Sherwin Williams paints:
Color code Paint Name Color location
TH Bldg 1, 3, 4, 7, 8, 11
# SW 6344 Peach Fuzz Peach main body, body (relief)
#SW7119 Venetian Lace Cream upper body
# SW 7006 Extra White White trim banding, columns,
mullions, roof brackets
# SW 6345 Sumptuous
Peach Peach doors
# SW 6379 Jersey Cream Yellow TH Bldg 2, 5, 6, 9, 10
main body, body (relief)
#SW 7119 Venetian Lace Cream upper body
#SW 7006 Extra White White trim banding, columns,
muflions, roof brackets
#SW 6365 Cachet Cream Yellow doors
#SW 6379 Jersey Cream Yellow Condo Bldg main body
#SW 6344 Peach Fuzz Peach Condo Bldg body (relief)
#SW 7119 Venetian Lace Cream Condo Bldg column base
accents, pilasters
#SW 7006 Extra White White Condo Bldg trim
banding, columns,
mullions, roof brackets
#SW 6344 Peach Fuzz Peach Clubhouse main body
#SW 6379 Jersey Cream Yellow Clubhouse main and
upper body
#SW 7006 Extra White White Clubhouse trim banding,
columns, mUflions, roof
brackets, and Bahama
shutters
Staff Report - Casa del Mar (NWSP 06-015)
Memorandum No PZ 06-116
Page 9
White Aluminum railing on all
balconies and fences
Monier Life Tile Saxony Slate Brown, Gray Roofs of all buildings
1LSCS3903 Florida Blend
Lighting:
The photometric plan (sheet A-1.2) proposes freestanding lighting fixtures, as well
as wall mounted lighting fixtures. The freestanding pole fixtures would be 12 to 18
feet in height and would be located throughout the development at access points,
in parking areas, and around the amenity area. Other smaller freestanding fixtures
would light walkways, common areas and landscaped areas throughout the
development. All proposed lighting will be shielded to direct light down / away
from adjacent properties and rights-of-way.
Signage:
Per the landscape plan, one (1) project entry sign is proposed at the main entrance
on Federal Highway. The monument sign would be located in a landscaped median
which would separate the ingress / egress traffic at the main entrance drive. The
sign elevation indicates that the sign face area is 11 square feet which complies
with the maximum sign face area of 32 square feet. The sign face will have a
marble tile and border with arched design. The structure would be raised smooth
stucco base painted to match the nearest building.
Art:
An open space is proposed to exhibit public art along Federal Highway in
compliance with the newly adopted requirement for developments to provide public
art work. The artwork is proposed near a usable open space area and has
sidewalks leading to it. This artwork will enhance the ambiance of the proposed
development. Ultimate review and approval of the artist and sculpture is still
pending by the Arts Commission.
SUMMARY:
The Infill Planned Unit Development district standards and regulations were created for the purpose of
allowing flexibility to accommodate infill and redevelopment on parcels less than five (5) acres in size. The
IPUD zoning district regulations state the following: "It is a basic public expectation that landowners
requesting the use of the IPUD district will develop design standards that exceed the standards of the
basic development standards in terms of site design, building architecture and construction materials,
amenities and landscape design. The extent of variance or exception to basic design standards, including
but not limited to requirements for parking spaces, parking lot and circulation design, and setbacks, will be
dependent on how well the above stated planning expectations are expressed in the proposed
development plan." The site/master plan design standards exceed the basic development standards for
conventional residential zoning districts in terms of site design, building architecture, amenities, and
landscape design.
Staff Report - Casa del Mar (NWSP 06-015)
Memorandum No PZ 06-116
Page 10
/'
RECOMMENDATION:
Staff has reviewed this request for New Site Plan and is recommending approval of the plans presented.
If this request is approved, it is conting~nt upon the approval of the request for land use amendment I
rezoning (LUAR 06-018), request for height exception (HTEX 06-007), and subject to 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:\PJannlng\SHARED\WP\PROJECTS\Casa del Mar\NWSP\Staff Report.doc
...
1 In. = 164.8 feet
'-----J
eol
01~
~
~
..-....... '-....... -.. -........-. " -.... ..-..-...-....- ...-...-..-..-.._...._.._.. _.... '''_''_'''_'''_ '''_''_.O.''_H_.._ '..n_......_....._...
'.
r^~ "
( / r '\ .~
\", J. I
\ J
. ,',,1:: \.0,,;'
I 1.) r.o .__'"
1250
co
0050
50
1180 116011401120
1
1090
0070
1060 1030
0060
0990
EXHIBIT "A" - CASA DEL MAR LOCATION MAP
i.
1
L
r
...
"""i
~>
~In
~~
m
,.,
In
-
~
m
......
In
-
~
m
."
r-
>
Z
~
EXHIBIT (
!!!!!!!~~
=::===:f~
.,I....I~
rllllll~
~~:'::i~
:e!ll!1
~
FLO/U})A ~.-
.." COAST liAILRo.4[)
- - 7}
~ I
U,s. J
STATE RO.4[) 5
r,AALutU f11111'H
/trf;Rr-O,_fr. Y)
~-
~
~
-
(' \ -.-. '-'-.- -,_._. _<ID L I:> '"'-
,t~1I! · ~ ~ i~~ · 7-
Illilil!!l1IllmIl1ll111l11 i.~I- \ E'
.I.i,ill.,'!.' f UI,'J.,'","I'j!i:f I nil I ~ \ ~ . I
" i' f I I ~ l! ~ ~! ~ ' I ~''1~ I I
ill!!illi 1IIIINII/I!M J,'.I ~I 0.-
UI' r lI'l' "'1")' '11' :;~' Ji'l- "f: ~ l ~
iiil il,~!il' '1Ih,I :;! fll! " i: ~ ~ ~ IL,=~ . :
I,I':I!' Ii ilf. .JI,I!II iil . _!I~ ( ! !l.__ iJ O)llII', ~~.
If 1M I" 'I' 'il ~.-
II r ':11 J.e! ,I: 'I:: ::Y:, . Iii ~
~ ! iff- ~"I Il 11 ~ . fir ~ ~
II ::i:: 0_ itl' i. i
.11 "!I;/IIIIII: 1!~m~~I: ; ( ! 0- f
!f1m~ifij 1111' · 'J i I' ~ . ~ 11
! i q i · i j '_ i.;. c: i,. , : P-
I "p~
! ! !' I ~" I'; . . I ~
' ~ ~ - .. ~! ~. =i I!:J "
i ~_" ,ti /!~ - :. ; ----i--J ,,J{-i
! ' i-I) .I.. f-,.. ~.: ~ ...1 I;,
-I I ;. i H i -' i ::i __ ,... I -~..:
I~ ! ~ 11", I (40~s!!.~y. ~-' . --,
~~ - II ? : t ' . I . ~ . II .
~j r I'" , 1 ~~ . H 11lt---i-.
- I ~ ~'i I ~e' P-- _r-t-+ n.
I l:- -; l':~' . ~~ ~ -HH- I .
:jl ll,' I ; ; : i l~ =r:l:!
I!, ~ iwisll!;;- ! . ^ '! i'f~f-<>
I.~ Ir ! '_~i" ! - I "i :ij t I ~~ dll '
~ j -, i I. :J. ; _.~t- -..:1 b ~
mlJI II .,_. - III. Ii i / ! I r :f ~ OJ
~ . f.!,fi I. i- mil ~ nHi I.-I ~~ ~o ,II S .~ 1
iHHH~I~I~I~II ; I ; I - H ; l ~rQ I' , 1
-~T~- ~ i~~lmI i IIH - JSI'IIHp IJ~WHH ~ii I::
.a~ iii ~iii I ip ~
f f f I I r ~~ ~ I J ~~ I ~ ~~~ ,~~~;
~.t:~!t:t~i , ~ ~ ~
i........ . .-..... ......... :....... I
.~ . II ;;. . i!! i".. .Hi!! ..r iI;;
~c: ~ ~~ I ~.. ~~~~ ~~~~~~~..I i !ll:ltCIl~~:I" I
I I!'.~ it, .. f! ..( ...1 '( II!
, , , 'HI.If' .. ,. .," 0 '. u. .. 0 I ,....,..
· ~ ~ I uu . !I .a. I Jim ;:,.... ;,.. ~
~
~ Ji
9
~ ~ .
III I II
11111
Pl,l
O >~ I !~-I I i'l IlIIIUIII' ~I ~~~MfR I ':!Ij 11I1/1 ~bt
~ ! Iii lr~11 : ~~~~~~RY ill! ;UII; Jag!
c -ClIIINCY~""""M'IVIT.......-..----...._~~.....--..n:t---. MO""'_--ID&o.l.IUoML~DIItGHlI_M~_CIlIifIe"_-""""""'~WftItouT'nII__'WN'fTWofQ)HfINT_Gff_AVAllOtft'lCn.tNC::
.J
t-.J
~Q
~-t
~m
~~
~
o
z
~ ~: ~~~~~~~~~
. ~~M~~~It'"
~ ~ !:~~!!:~~~~~
~ ~~g~~g~5g
q · d~U~~~~
~~
OJ
.m
.r-
~rn
<
~
5
z
~~~G~~G""
~o p~gp~Fpgg
..O'....('IIJII..vN-
. ~~g~~~~Q;
. ni:l'i'''''~~
Sg5g~~gg~
'. eene~n~
~
EXH!BIT I
;
I I Iii
f ~ ~ HI
!!
~ il t;
~ I~: w:~~~
~ !~ !
~:~ i : ~
o at 0; ~ -
; ~i.H<B.B.."
~ l!' l T l"' l
I , , ,
I ~ ~ ~
lSi~! 8131388138 ~I' ~I' ~I'" ~
i-UiIU1un; g I -ififi(-
I JI~ I~ Ii II II ~ lit i
III i I II i i I ~ I .11: II: Ih..
~l S I 0: I I I
II
~ I ~i I
~ I;
I
!'i
~A DEL !AGO 11E1n III!,II ~!~t
IOYNI'ONlEACH.FL U II)' II -=1-
LANCORE NURSERY n!! r.ilJJ1 J~~ I
IOYNTON lEACH. FL o~~G ~ ~ =
Cl _QLIINCT~JOKU..M'IO"IT.""'~..ItoCWMlO.'IWJO_AIilCt\~AU-.--nIl&l~ l<<)'An01Jncutl.-...&.~O&r;NNOtofJ._""'~"'CDn1lD"___~nu___~~0I~~1l'OC.
111l1!!!I~
I~ ~l~~i I
~~
~rn
. r-
~~
~
o
z
~~: ~!~~~~~~~
<: ~~~~U::~.i!
(J> ~ ."'!:~lI""''''!:~
. -l....~.......................~
~ ~~~~ii~~g
q ~ ~9H9qq~~
.....
~"n
~O
-z
'-I
'im
r-
m
<
~
5
z
~~o ~~~~~~~~~
~ 't "'~~~22R~a
~ . ~~~'i''i'H'i'ij
~ gg~ig~g~.
q '. ~~9~ne9~
~HII
EXHIBIT E
1 r.; ~ "-4' r .~.
~
~ f
. n ~ u
n
x ~
~ ~
.
~ C
r Z
:::;
~
OJ
~ 1>
7tI
f11
1>
()
fBt:=
~~~ ()
.. (JI
I
~
.
u
I
1'1
~
.
II
f
x !
~ .
~
i
~
~ !
~ ~
.
.
II
----j
C i'J'';'
, H:
'S
~i C
?? Z
:::;
i i
H 1>
1>
7tI
f11
1>
()
!! i t:=
~q ()
~
. ~
! ::~ ~
~ ~;'l:" ~
Illlff"/' 'I ~~~~GO 1 1~!Ji fllill ~J!t
Ii .1,1' '~~RY 1IlIIIIN J~II
Cl_"""""'__~._--____"''''',,"''-_''-''___M_''_''________,,"_--'''~
1 ..... ,,~
."
"
I, i
I,
I, H
"
'I
"
"
:'
" ,
,
" %: ,
" ,
r' ,
" I : !
" ~ .
"
"
"
"
" f
" ~
"
"
"
" ~~ r !
"
" ::I . .
"
"
"
,
I,
. I,
"
I~ ,)
" : !
~\l " ~ >
. "
4 "
"
'I
r _______JJ
1
\f\'1
0'
00
20
07J
I'1IJ
IJ,
~)>
2
,
EXHIBIT l
~ I ill
!
!Il
1111UI!I~
Ii 1~~11
CASA DEL IAGO II~n; 1I~11'I.n '~!~t
IOYNTON lEACH. FL ~.J )1 II = =t~
LANCORE NURSERY ~~!! ;.w-. J5~ ~
IOYNTON lEACH. FL &~~~ M ~ =
o _CII.l1I"C'l'JOII"'IOM.pnl.M'l'OTT.WI~~"II\IIOtMt~oIIU.-.-n...--. HCt__~~"-""I.""oa__-'T"___"M1l't.....~~___~~ot.....-v~1tfC.
I!
/l'"
~
~'"
,'m
~~
)-
-i
o
Z
~Q
~-i
"rn
~~
~
z
...
...,
".
~~~
~ ~
.
~ ~
~s
~
'm
~~
~
6
z
EXHIBIT
I I I IH
It! HI
~!
g d .
'.' r, .It ~
"~"; ~~;:~I
~ f~ iJ
" ~! .. ~ ~
~H:~.
; E:.H,B.B,o:.
~ -rlTT'"
f . , .
"'1 ~ll i ~ ~ ~
<> bb IBU~ ElEl13G888 ~ '~'d',~.,,,
~ : <><> ,. ~!i:&EP I q 118 I 'i~' i~' i~;"
~ · ~~ .II~' Ii I. i q3 f J J
:. ~~ ! II~ i~ II q II ~ I . . .
~ ~ g~ ill if pi' I ~ I. :f ~ ::~ :i! ..
~~ I -I E tl ~ I If " I J III
I,a i,un/_' 'I CASA DEL LAGO I IElli 'IUII ~i~t
f l ,'.p IOYN'roNlEACH,Fl n I '11'11 ~~~
I I iil ~.II.., In::!i ~
If lr~' E ~~~~~~RY nl! I. ~~~
o -.......---..-------- ...-...............------..---~..----------..-"""""=ooe
~ I ~!I
t I'
~
~~
::6
s~
~~
gg
~~: ~~
~ ~ i;
. ~~
., ep
q . <~
. ~~
....
..,
'"
o
Z
-1
G
<>
2
~
~
g
,
!'I
EXHIBIT
I-
I
..,. w.....
~
~ H i n
t
~
~ l !
. ~ ~ . ~ ~ .
. , . .. '. ..
. ! ~ . ~
~ ~ ~ ~
~ ,
-
l
....
r 01, , C eil; ':: '; ;;
, E , ; j ~ ~: , c
~ ~
Gl ~ ~ -< ^ ~~ ~ -<
~~ C OJ l>
~ ~ l>
00 -< l>
7Il 78
:z0 OJ 1'\ n
C l> l>
I"1l ;= ()
-U ...roo!" CJ ()
. i ! : z l ~: i: !H l> i ~.~ H. l>
r . r
~q C1 . () ~ . . ()
~ ; ~; ~ ~ :;: :;; ~ :;~~ ~ . "
~ ~
lill!!III' li CAS~~~~O 11:!!j 111I11 ~i1t
Ii 1~~11 : ~~N~~~LRY litE In-a; J~I!
C ....~~JIICIHR..-n.""'U&U4~~~MC...MJ.~__-=rCWncaMu:MAA.f'l,Nd.o&~fM,Jf..~-~.._--~ftft--'~~..--~..::.
t 1I1~
!
!II
~:
.
.
~~
~o
-it
:to>
Z
~ I ~e!1
e ~~I
,
"""11-
-------,
"
I'
"
,I
"
,I
"
"
II
I'
II
II
II
II
II
"
II
II
II
II
I,
I,
I,
I,
I,
I,
"
I,
'I
I,
-______J
IIII ifill'
Ii l~rr I
EXHIBIT E
.. !
, ~
l
L____
I
/'/
n
~!H
'I CASA DEL LAGO I,EII; 111111 ~i~t
IOYNTON lEACH. Fl n It I'l' = ~
I lANCORE NURSERY nl! r.U..; J~~ i
IOYNTON lEACH. FL .~.l; M ~ =
C ...CII/UC'll',.,.....-....-..-vn..........-.--._~M&.~-...-... fIIlO...,.Of"T1t.-IOIM."----.'f'..~_ODPnD..,__._.~"'"'_"__wtIin'ftIf~__...~MC.
g5
.. ,.,
~-i
~:r
~~
~
(5
z
.....
H (( ~l ~ 1~ It!,
r I I , 1
EXHIBIT "B"
'"
~~
:j-i
~,."
~M;
<
~
(5
z
~ I In
I ~ m
~~
~J >
!~: ~!::~~
!!_ "!
~~-_.~ -f -~ I
n. ~!, ~ i. ~ L.!, ·
.~ -l T l" ,
! - .~ ~ --
i ~ ~ :
s .'I"".Iii:..
("i"i'"i"""
I ! ! !
I ~ ~ ~
: ~I~ ~I~ ~I~::
: I I I
"'
~
J ~~~3 BEl8888G
p~~: &~i I II ! II 8
I .~~i~.liii!~ 5
i H i~ P n n ~
;11 if h I q ~
III ~ I 0
~ I !!II i 111 1111!!nl~ II ~~~~~~o Il~!li 111111 ~I~t
.- &i~ I ~ Ii 1~~11 III ~~~cl}t~lRY I m; IW.; J~i I
C> ....~fOM_,oMU.~....~~...--1JIC.H~AU..-n- __Of,",_I~"",,""OlI..__...Y..~oe.conIlO,"_fO-.~~~nu_-'-~___~1Ne
~~ '7 w
I-- t--
~ ~ mm ~~4A ~~
f-v;
~g - ~-l
~5
h Cl:l
Cl:l
~m .~Dlim ~ , -<
......
~ Vl
~
=:! '"
0 0
z
~ 1i ~
m
'"
Vl
m
Q
I:i (5
z
EXHIBIT E
I
11111111
111111I1 I ..."',. ....~~ I~~ r~ ,
111'1111 ~ -.::.:J t'- ~ ~
,', ',1 ~ ~ SZJ ~)
VIVVY
, II ~ H
--I ]
~
I ~MII ~
I ~
I
, '31
i ~
i .. ~
I t ~_,'!7'
i I "'1, ,"olw 1000 J
I ::::: ...~
...~
~ ~
~ lm mm OHm 1m I J Jil!li
i m ~ rem ~ ____6 jf ~ ~ ~H
I ~. ~ ;: ')~ II, IL I ·
I c ~ &,lil.,'1111 11'IHo:I''''
! " . I . ~ ~ , , .
~.:. ,LP-lfi! ~ ,I " i ,.~. '::1.::1.::;.;:: p!ihirrrirrr~
I ! I'~ i~ II ; If P
. }!~.~ ~ ~. f.~ ~l I ~ I: :i: :i: ~i!.. I Iff if PI ' I ~
1! ,~ ' 0, , . 0, : I I I I.~ 5 t 0
I I
~ Inll I !II lilIUUI~ 'I ~~~~GO I '~!Ii 111I11 ~I!t
- log . II ,hi / I LAN~twt[RY 111/111"; J~I!
e _CUlf'CY~~....:rn.~AaYIOQ,~~#lU~---'IolO"""Of'TM"IOIA.I.IUHI.____w.wM~-'~"IMrIlONl~~"""""~~DI"""'IoIIOIrI'ICn."-;:'
T..... ..." 4 _.r 1'.4"
I. . I . ~ f
~~!~ H ~ H H ~
IV
~
to!
iim
~~
>
-l
(5
Z
~ t. f. : ~ p p ij~ n
~; I l
I J ~""
I\~ I~
, ~I- c:J
[ ~JI
t -.
i ~ - -=1
iffiflJ...@
'Iti ~~~~
~ t'~ l~ .$1 ll$J 1 ~~!,~
83 rr$J ir$J ir$JIT~ V
!~~~
i l f il.. [I a
[ l
r ~.
! ir:><1- ~f\1
I ji ]!R:J'
I (~- ~~V "Y
L .
RB
8
~ ~ ~ , , ~
I I ~
--- - ------- u ""----------$=-
, ~ ~ ~ I I :1
I ~ ~ ~ t- I
I I I I ~ ~
-,
'----.-~-r --'t~-~------r_ [un _ 'I,
~ i J, i i ~ ~ ' J, i ~J] - --
' I I
--- - ------ - - --~---____t:LJ::
q I ~ ~ I I - II!
r
I I I
~ ~ ~ I I ~ t
, ,
, ~ ~ ~ ~
------- ----- - ---
~ . ~
, I
T ' ~ I f- T
~ . I I ~ '
--7
~ I ~-
" ; ~ I ~ '
I
~-_._- _-:-:~:=:=-Ip-~-- - --- --- ------ ---1 u_ ---
! ~ ! ! -- ~ '
!_---~~ ~---
! ~ I I ~ i t
,
, ~ ~
EXHIBIT:
~ ~...
"....
....
~....
-------------- -~------ ------------- ---------
--- .----
~ I I
~ J, i J, i ~
I
~ I ~
--- - - ------- -
~ ~
~ ~
~ I
--- - - ----- - -------
~ ~
,
I
I! g II 1111 UII,I'. I CASA DEL LAGO II~II; nUll ~~~t
I I~ ~ ~ ~ ~ p BOYNTON lEACH. FL n 5 11II11 -~-
G ~ i I I lANCORE NURSERY ~~I~ ;;I~~, J~i! ~
i~ ~<~i i ~ IOYNTON lEACH. FL :;~h t -~ =
Cl ....~~..-.IoC'I'On.~_....-...AIlCM~.....-'"-....... JIfO_Ofne.e.ow.~o..lllIUlotn~"""'~OLClOI'tID"'#MlrIOOllM_non>H.WTntOlft'~"""f~cg.o,...,.~"'-~W<<:-
:> I d~1
~ ~U
EXHIBIT (
[r:'~:,~~,---:~,~~~:11
IW - ~m 1~,~-
~ t:I ~~ n' ;-v V"
~~.::-:,.. ~.
::2: l~ ~!J) i,," ;
r ~ b- ~ ___'\....._' 1/ ,,/
\- ~:;~ L/, V"
~
-- ~:J"-f ~g ~
~ ~ ..-;.~-~.".. "]~:
'/ ' (ria \
~' ~ I l~i-) ~
" " ~ ; f[-'~ .....l
/ - 'Y1r\j --- ft"~X ~I
. ,(.' ~I
il..
'''I ~, ~117 ~r
>> c. i
~i I (I
>-> '-- ~ - ~ - - I; -- - E
c ~ '
qj ~ j ~~ ~
J;-4 ~-I
o J>
.J lit: U;>
~_~ 'ID .
J~~-j:- .
i"
it'.l ,
=
-~ . !K)} .
v.' - -~-"~: I~,e IDh---
!:~ \~[ . V r~ ~.
~~ ~I " , · - I~--'t ~ ~ - ! ---l.---. ,~
~ i. i: Y / r ! ~ I ! D
~';~ '> /',~flI1Q '1 1\
~ ,
~ ~~ ~ -- ~~ - x;-. rr, .~. '),'0 'I' :/") ~. ,,'" y - /X=--' ~---
· ~ =i l>< / tv ' '" ',Gilio '.~~.,..~ v Vi >: /
o ~ ~:- l~,vt I ib'f" T b ~
~~-- ~ ~ - 'r-- - . - --i~- ~
~ :: ~ '<;:' i.8 :> j J P · ~
~ II fnl r T J~Jl~ )(
- -
,~ J ~,~ ,:&q~ l :
'..j ~ <;:V'1i~ 'j .~
;~X t12!' I;~{ l~~ J' /~I,~ '5~--
~~ ')J~~ii~--lh ij(~_i~ ,
-,,(<~ I 'w~111l U! _ '\, _
)< '-E' / /0 ~~I!:EI1 ~ ,~ A
:?<. ! JI!
/ 1 FlI I nt
.,>,' li/".1 /'
, >i''' . I' " , .
I ~. I jl-/ "'-1 I
$0
r'I
l>
i ri ("l
~ !:!: ~
!1'
.....
l>
i'O
1"1
J>
i ri ~
!: !:~ :;
!J'
ilHe
~ ~' Z
~ -4__
CD
"'"
-
- -
T
", ~
~
.
--
~~
(')1
00
0
70
)>
Z
--
.
I
~, III
I
!'/
IIIIUUI~
Ii l~f( I
/
---
)('
----
"
>x
--
x , ~
,
I;:"'''' \/'Z
,
,
-
'I CMA DEL !AGO I fEll; IIjll,.11 ~!~t
IOYNTON IEAClUL U I II J I - ::hs
I lANCORE NURSERY jilB rU'.; J51 ~
I BOYNTON BfACH. FL s ~'G I ~::e:
c "'QUI...ew---'JIOHa...-on.~~~~Jl,I.LNCMra----' -~_'hUiI""""--'-----"~-~"'~""~-'-"''''''''''''''''''~_~~1IC;
- ,a C
~ ~ ~
~~
o
l>
]V
l"'I
l>
i rl ~
~ ~~ :;
!J'
r
8~5
()7\l
nil
a ,~ C
~ B~ ~
~~ ~
l>
.....
i r~ ~
~ ;~ b
!J'
a la c
~ r. ~
~ ~
OJ
J>
;;<J
f""'1
J>
~ ~~ ~
.. '"'.. r
, '(>
\J'
o ; 0 C
~ y~ ;f;
< ~
.....
.....
.r--------
"
::
:: '"
::---~
'.
"
t
~-
.'
r
.'
::
::
:: /
"
::
"
s.======-==-
EXHIBIT {
~
--=--=..===~
~
Ii
"
.'
"
"
J.
-t.-
i
"
"
"
::
0- _ ~~oooJ
~ .
, ,
(>
<.
a rr- i1
~!
18--
--- ---===~
"
11
"
.'
.'
"
"
"
"
.'
--~~----
~! .
"
::
"
,/ i!
'.
::
../ l!
"ij
/-:-=--"":.._~- --~
,
I
gill 1;11111111 I CASA DEL !AGO 11~1'; 111111 ~i~t
· i~1 ....p ~ lOYNTONaEACH,R ~r I fJJll1 ~~C5
~ H 1~~11 I ~~~N~~&~LRY Ins iilt-. JaB!
c .....GUfI'tC'f~IDMIL"""".""'~~~~Jo&.l-.-.nUl___ _'#JJ(f09nc"'IO&oU.~-,_,w..,(II~_COI'1_...__WtU..~~1Mt.......wunwol~Of'~~1o<<:.
~HII
"
J>
;;<J
f""'1
J>
v
"
"
"
"
"
"
"
"
"
::
.'
"
.::=====-
:r=-=="':::::''':.
"
"
'.
"
'.
'.
'.
"
"
"
"
"
::
-1i-~--
j1
"
"
"
"
.'
:: "-
"
::
:: "
" ,
"
':
1:/
~---==--=-----,
',,-
i
~~:
i. ~
~
.
~ /11/
EXHIBIT B
.~
,I,
I!~
-
I
!'I
nll""I'_, 'i ~~~~GO 1 '~IJ; III!II ~i~t
t~ "p nIl nit!' J~Si
Ii lr~r I ~~fLRY Uil;1 I a~ ~
c -Ql,llMCY~IOMIl~'MU.UoW.~""""'~Mltlilllltnt_......... -~cw~-''''---''--'''''~-ClDfOO'''N#r'''''WtIA.~'''''"'*'''''''''''''1II'NnWClOIoWtN\'W~~--=.
z , '" , n ,
0
:;Q
:i I
~~ I
.tTl
-< I
}> I
'-1
60 I
'z I
,
,; I
,
~ I
CI'l
o
c:
-'j
::I:
tI1
r
tI1
<
>
-'j
o
z
I tI1
>
CI'l
-'j
tI1 ~
~~
.<
,;>
>:-'j
:0
oz
~~: iimfi~l~~~!~~g
~ I ~~~i€.nl.n5
" ' i Iii i~ q q n ~
'. Ii ii' ~ ~ i ~ I ~
~~ S 0
EXHIBIT I
::J I I Illi~1Jg1
III '~Hlill~
~
I
U. iL:
~~ it
I~ . . .
~. ~ ~ ,
Ii .lii,- Iii" iil...
f r r r"
J t: t It
J .lit 1i~I.litl'"
l'i!'i'i'"
I ! ! !
i ~ t I
I ,~h ~I: ~I~::
: I I I
~ I ~~ I
~ ig
I
!Il
IIIIUHI~
Ii l~~! I
II~II; nun ~ ~~t
IJ Illilil =~ Q
~~11l ;w.; J~~ I
;~h I ~ ~ =
CI _~~~MI'OTT.""UMML.oc-.oo.._~Ml..-n"""""'HOI'AP'Ofnwal-'"""*---""'''''''~OII.~''~-~wn..-n,,._~~Of~~'''':'
'i CASA DEL LAGO
IOYNTON lEACH. n
LANCORE NURSERY
I BOYNTON lEACH. n
Vi..."
<'Jt""
00
Zo
<'J",
tTl_
..., v
-lC-
e>
>Z
C-
~l:
~ ,
~
.
~'m/
EXHIBIT 8
<'J
t"""
e
tp
::r:
o
e
Cf}
tTl
..,.,
c-
o
o
'"
...,
C-
~ Imp
~
~
i ~ ~ R g ~ p~ n
Hin'~~ir-
, v. . i lii
i i h . - g
! H ~
q ~
~ : ~
n
~
~~~~~~~~ D
~
I
g,/
I.
I
lil/IIUI'
Ii 1~~11
1/
CASA DEL LAGO / f~lli II.I!,'II ~!~t
IOYNroNlEACH.n ~~ I J~ ,1, =<~C5
IANCORE NURSERY nl'll =.1 '1 J~~ ~
IOYNroN lEAOf. n o~ G . ~ ~ :z;
C -CII/IlIIa'~fONa~''''~M:WMO._~''''''''--'-'''''''~''''''''''''''''''-___''----=-'''_'''''''''''''~~__W'IIIftWfOONt'''''''''''''''~1NC.
EXHIBIT E
N '^' .".
~~ VI ~VI ~~
m ~m
Q ~g "Q
ij-1 ;0 ~o
.:1: .0
~ -z ~z ~z
~ (J "'" >
~ I{ ~ >-
0
z i~1
9 "~
li~~
i.:~
g!i~
5 -<~
~~:;-\-1_
~n~ ( r-
'J
m.
.~
-0
~~
'3"
">< 0"
'::::.1/' .;::
~~ ~:
r v:~ ~O
.
~~ ~~
~" g~
Ii ~;
,~ ~Z
0' ~~
~,
~ -a
"'. .
~ 0
.
ill
I "~
IU~
>u
~_r
c
z
" "
_"c
OQIIF
~~~
re
l::
~.:~
~ ~~io
: -<.
--< .~
I
i
~ .
i.::~
i~~1
I: .
8
8:
~~
i~
;U!---------.L,
~.:
Xc"
axa
~;:;""
. '
,.......
~ IIII
II CASA DEL LAGO II~II; 11".11111 ~!~t
IOYNTON lEACH. Fl n II II -~<s
I lANCORE NURSERY nil! rilJt. J~~ ~
C BOYNTON lEACH. Fl 5:S G l M ~ :=
Cl _CII,llf<'rJ'O"'_jOHU.MrO'IT._LU,oM,&,~_~MI._""- I'IO'NOOf''ntU"-,""""""",_,_''~__''IM'f_~~,",___""",,,,,,~_,,-,..-..ncn....::.
I
!II
Ii II !!lil~
ii 1~~11
uu .-
-..
q
nil I
nil I
IIi
r-:-
"I,
1'/' Ii
'c
"
I
I
~
~
El' · II IiI; ii/
EO .. B i !, S
~. I J I! ~ I
XHIBIT E
====--
-
- --: - ---.::
i
!i
i
i
I
I
-
Casa del Mar
PREPARED FOR LANCORE NURSERY
I LAND.
DESIGN
SOUTH
~1ollI__~~
CITY Of BOYNTON BEACH, Fl
EXHIBIT "C"
Conditions of Approval
Project name: Casa del Mar
File number: NWSP 06-015
Reference: 3rd review plans identified as a New Site Plan with a May 30 . 2006 Planning & Zoning date stamp
marking.
I I
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments:
1. The minimum right-of-way width for a PUD is 40-ft. (LDR, Chapter 2.5, X
Section 9.F.) Please provide appropriate right-of-way widths for all
internal roadways and! or make a written request for reduced width,
including justification for the request. Justification for any proposed
reduction in right-of-way width shall address the adequacy of the right-of-
way to handle solid waste storage and truck movement, utility maintenance,
and an evaluation of sight distance for backing out of garages. The
evaluation of sight distance for baclOng shall include an opinion, from the
Engineer-of-Record regarding the relative safety of this movement within
the reduced right-of-way.
2. The developer has proposed gating this community, providing only 95-feet X
from Federal Hwy. to the gate. The minimum standard for staclOng per
County standards is ISO-feet. Please revise plans to provide this minimum
stacking distance.
ENGINEERING DIVISION
Comments:
3. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory
Review Team (TART) process docs not ensure that additional comments
may not be generated by the Commission and at permit review.
---
4. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
5. 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.
6. The City already has a proposed subdivision in review at the present with a X
similar name to Casa del LaJ!;o. The new name (Casa del Mar) is pending
CASA DEL MAR
CONDITIONS OF APPROVAL
NWSP 06-015
I
DEPARTMENTS INCLUDE REJECT
verification and will be further reviewed during the platting process.
7. Show proposed site lighting on the Site, Civil and Landscape plans (LDR, X
Chapter 4, Section 7.BA.)
8. The medians on Federal Highway have existing irrigation and plant material X
belonging to the City of Boynton Beach. Any damage to the irrigation
system and/or plant material as a result of the contractor's operations shall
be repaired or replaced to the equivalent or better grade, as approved by the
City of Boynton Beach, and shall be the sole responsibility of the developer.
The contractor shall notify and coordinate with the City of Boynton Beach
Forestry and Grounds Division of Public Works a minimum of six (6)
weeks in advance of any underground activities.
9. Site lighting has been provided in excess (number of lights and intensity) of X
what is strictly required by Code. The City's standards are primarily set up
for parking lots, not residential developments. Site lighting does need to be
provided for the various parking spaces for guests, etc., however simple
coach lights should be sufficient for lighting along the roadways. Staff
recommends that the lighting design be re-evaluated with these factors in
mind.
10. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 ,viII be required at the time of
permitting
11. 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:
12. All utility easements and utility lines shall be shown on the site plan and X
landscape plans (as well as the Water and Sewer Plans) 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.
CASA DEL MAR
CONDITIONS OF APPROY AL
NWSP 06-015
I I
DEPARTMENTS INCLUDE REJECT
13. Palm Beach County Health Department permits will be required for the X
water and sewer systems serving this project (CODE, Section 26-12).
14. 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)).
15. 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.
16. 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).
17. This office \'.<;11 not require securety for installation of the water and se\ver 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.
18. 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 proiect, in accordance with the CODE, Section 26-15. ~-
19. PYC material is generally not permitted on the City's water system. X
However, since this project is located east of Federal Highway, we may
consider the use of PYC C900 pipe for water mains if it is shown that
corrosivity will be a problem. This determination will be made during the
detailed utility construction plan re,;ew.
20. The Utilities Department staff is requiring that each townhouse block (of X
three or four units) have a master meter, which will become the point of
service for the department. Each townhouse will then be submetered.
CASA DEL MAR
CONDITIONS OF APPROVAL
NWSP 06-015
I
DEPARTMENTS INCLUDE REJECT
21. 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:
22. All buildings require an NFPH 13R (townhouses) and an NFPH 13 X
(condominium).
23. All entry gates require a Knox override system. X
24. All entry gates and streets shall be 12 feet wide if one-way and 20 feet wide X
if two-way traffic.
25. Provide a turn around for the Fire Department engines at the Clubhouse. X
26. Hydrant locations: no part of any building can be more than 200 feet from a X
hydrant.
27. Flow test required is 1500 GPM (@ 20 PSI. X
28. All hydrants must be activated up to the point of any vertical construction. X
POLICE
Comments:
29. All lighting shall be metal halide following IESNA Lighting standards. X
30. Landscaping shall not conflict with lighting (to include long-term tree X
canopy gro\\'1h).
31. Timer clock or photocell lighting for nighttime use shall be above or near X
entryways.
32. Numerical address: X
. Shall be illuminated for nighttime visibility (dusk to dawn).
. Shall not be obstructed.
. Shall also be placed on the rear of the building if buildings are adjoined by a
common area.
CASA DEL MAR
CONDITIONS OF APPROY AL
NWSP 06-015
I I
DEP ARTMENTS INCLUDE REJECT
Residential Security:
. The door leading into a residential unit should be a solid core door and
equipped with a single cylinder dead bolt lock (including garage door).
. When placing the order for a front door that will have a side pane window it
should be placed on the opposite side of the door handle and lock making
them unreachable.
. If front door has zero visibility to front entryway are, it should be equipped
with a 180-degree peephole.
. Entry door should open outward versus inward.
. All exterior doors should be equipped with security hinges.
. Anti-lifting auxiliary locks should be installed on sliding doors and windows.
. Should be pre-wired for alarm system.
There should be strategically placed directories with arrow indicators for
buildings throughout the property at vehicle driver sight level. The directories
should be placed at the ingress points.
33. If benches in a park area are intended for nighttime use, adequate lighting X
should be provided for the area in which they are located. They should also
be in open view to eliminate concealment areas.
34. Stairways and balconies should provide open views. X
_00- --- -~----
35. Building architecture should allow for enhanced natural surveillance of all X
parking lots and provide a sense of security.
BUILDING DIVISION
Comments:
36. 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 pennit review.
37. 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 ofpennit application.
38. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
CASA DEL MAR
CONDITIONS OF APPROVAL
NWSP 06-015
DEPARTMENTS
INCLUDE REJECT
39. A minimum of 2% of the total parking spaces provided for the dwelling X
units covered under the FFHA shall be accessible and comply with the
requirements of the act. Accessible parking spaces shall be equally
distributed for each type of parking provided, e.g. surface parking, parking
structures, etc. per Title 24 CFR, Part 100.205.
40. Compliance with regulations specified in the FFHA, Design and X
Construction Requirements, Title 24 CFR, Part 100.205, is required.
41. At the time of permit review, submit details of reinforcement of walls for X
the future installation of grab bars as required by the FFHA, Title 24 CFR,
Part 100.205, Section 3, Requirement #6. All bathrooms within the covered
dwelling unit shall comply.
42. Bathrooms and kitchens in the covered dwelling units shall comply with the X
FFHA, Title 24 CFR 100.205. Indicate on the plans which design
specification ("A" or "B") of the FFHA is being used. The clear floor space
at fixtures and appliances and turning diameters shall be clearly shown on
the plans.
43. The applicant shall provide the City with a copy of the letter that is sent to X
the County impact fee coordinator. To properly determine the impact fees
that will be assessed for the one-story clubhouse, the letter shall answer 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?
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 building.
44. 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. A permit from PBC Health will be required for a well.
45. 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.
46. 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:
CASA DEL MAR
CONDITIONS OF APPROVAL
NWSP 06-015
DEPARTMENTS
. 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)
I
INCLUDE REJECT
47. 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.
48. 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 legal description of the land
. The full name of the project as it appears on the Development Order and the I
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))
49. 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.
50. The full address of the project shall be submitted with the construction
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.
X
-~--
CASA DEL MAR
CONDITIONS OF APPROVAL
NWSP 06-015
I
DEPARTMENTS INCLUDE REJECT
51. The condo building structure meets the definition of a threshold building per X
F.S. 553.71(7) and shall comply with the requirements of F.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:
. The structural inspection plan must be submitted to the enforcing agency
prior to the issuance of a building permit for the construction of a threshold
building.
. All shoring and re-shoring procedures, plans and details shall be submitted.
. All plans for the building that are required to be signed and sealed by the
architect or engineers of record shall contain a statement that, to the best of
the architect's or engineer's knowledge, the plans and specifications comply
with the applicable fire safety standards as determined by the local authority
in accordance with this section and F.S. Section 633.
PARKS AND RECREATION
Comments:
52. Park Impact Fee: 42 single family attached @ $771.00 each = $32,382.00 X
plus 40 multi family @ $656.00 ea = $26,240.00 = TOTAL $58,622.00 to
be paid at the time of building permit.
FORESTER/ENVIRONMENT ALIST
Comments:
53. Turf and landscape (bedding plants) areas should be designed on separate X
zones and time duration for water conservation on the Irrigation Plan.
54. Trees should have separate irrigation bubblers to provide water directly to X
the root ball. [Environmental Regulations, Chapter 7.5, Article n Sec. 5.
C.2.]
PLANNING AND ZONING
Comments:
55. Approval of this project IS contingent upon the approval of the X
accompanying request for land use amendment I rezoning (LUAR 06-018)
and height exception (HTEX 06-007).
56. It is the applicant's responsibility to ensure that the application requests are X
publicly advertised in accordance with Ordinance 04-007.
CASA DEL MAR
CONDITIONS OF AFPROY AL
NWSP 06-015
I -,
DEPARTMENTS INCLUDE REJECT
57. The applicant is responsible for compliance with Ordinance 05-060, the X
"Art in Public Places" program.
58. The existing 10 foot sewer easement where the condo building is planned X
will be required to be abandoned and relocated prior to approval of the
application requests.
59. 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.
60. The dimension of the parking stalls, and vehicular back-up areas are subject X
to the Engineering Division of Public Works' review and approval.
61. Removal of the existing seawall along the eastern property line adjacent to X
the ICWW will require permits from additional agencies such as the Army
Corp of Engineers and Dept. of Environmental Protection.
62. If an IPUD is located with frontage on the Intracoastal \Vaterway, X
conditions of approval shaH include a deed restriction requiring that any
marina or dockage build will not exceed in width the boundaries of the
project's actual frontage on the water, regardless of what any other
governing or permitting entity may al10w or pennit per Ch 2. Sec.
5.L.4.g.(3).
63. At time of pennitting, identify / label on the plan where all the required X
usable open space is located and the boundaries and square footage
provided for each location. In addition, provide total usable open space area
required (200 square feet per unit) and total provided in the tabular site data.
64. Staff recommends sodding and irrigating those areas between existing / X I
proposed pavement on both Dimick Road and Lake Drive and the south and
east property lines of the subject property.
65. Staff recommends working with your neighbor to the north (Peninsula) to X
utilize their perimeter wall rather than building one immediately adjacent to
it.
66. The trees proposed around the townhouse and condominium buildings must X
be installed at Yz the building height of the building (Chapter 7.5, Article II,
Section 5.M.).
CASA DEL MAR
CONDITIONS OF APPROVAL
NWSP 06-015
I
DEPARTMENTS
INCLUDE REJECT
67. If potable water is used for irrigation purposes, the use of drought tolerant X
plant species (per the South Florida Water Management District Manual)
shall be maximized, and the irrigation system should have water conserving
designs (such as a drip system~ where possible.
68. Lighting shall not be of an intensity that produces glare on adjacent property X
(Chapter 9, Section 10.F.2.).
69. Feature lighting emphasizing plants, trees, barriers, entrances, and exits is X
encouraged (Chapter 9, Section to.F.3.).
70. The location of the proposed monument sign in the entrance median is X
subject to Engineering review (for safe sight distance) and approval. At a
minimum, it must be 10 feet from any property line and surrounded by two
colorful varieties of shrubs and two colorful varieties of groundcover.
71. Approval is conditioned on the applicant establishing ownership of the X
easternmost triangular portion of the property, which applicant claims by
application of the doctrine of accretion. The applicant shall establish
ownership by accretion of the triangular parcel by submitting historic aerials
of the area, soil tests to eliminate the possibility that the triangular area was
created as the result of artificial improvements, affidavits of fonner or
adjacent property owners, or such other proof as may be appropriate.
Additionally, applicant shall submit a waiver letter from the State of Florida
indicating that the State does not assert claim to the triangular area. The
determination of ownership based on the proof submitted shall be by the
Development Director, subject to review (in the event of denial) by the City
Commission. Issuance of building permits (except clearing and grubbing)
will be conditioned on satisfactory proof of ownership of the easternmost
triangular section of the land by accretion. Failure to establish proof of
ownership of the easternmost triangular section of land within 90 days of
approval of the site plan will result in automatic revocation of this
dewlopment order.
72. The subject property to be developed lies within a hurricane evacuation X
zone. The developer shall be required to apprise each purchaser within the
development of the fact that they are buying property in a hurricane
evacuation zone, and the developer shall provide a mechanism to
disseminate continuing information to residents concernmg hurricane
evacuation and shelters, through the established homeowners' and
condominium associations.
73. Make the following corrections to plans submitted for permitting: (Sheets X
A-O.I and A1.0: Site Data, Parking, TH 42 x 2 = 84 required, 94 provided
(42 2-car garages and 10 visitor_spaces), Condo 40 x 2 = 80 (63 in parking
CASA DEL MAR
CONDITIONS OF APPROVAL
NWSP 06-015
I I
DEPARTMENTS INCLUDE REJECT
garage, 17 outside garage), Clubhouse = 5 spaces west of garage, Total
spaces required 169, Total spaces provided on site 179 (plus 9 on-street
spaces on north side of Dimick Road). Total Std Spaces = 93, Total HC = 2
74. Make the following corrections to plans submitted for permitting: (Sheet X
A 1.0) Area Calculations: Buildings 6-9 = 16 units (not 6), Building 1 = 4
units (not 16). Condo Floor Plans indicate a total of 30 units, revise to
include remaining 10 units (make 3rd/4th floor plans read 3-5 floor) and
revise condo data on sheet A1.0. to delete reference to units E-F. Sheet A-
1.1: Note entry gate to be white (to match aluminum rail fence). Sheet A-
1.3: Revise parking across from Building 1 to standard (not Hie) spaces to
match site plan. Delete striped area between spaces on all plans. Sheet LP-
3: provide continuous landscaping around 3 sides of dumpster.
CRA STAFF
Comments: None X
ADDITIONAL COI\IMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be detennined. I
S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\NWSP\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Casa del Mar
APPLICANT:
Lancore Nursery, llC (Merv McDonald, Managing Member)
APPLICANT'S AGENT:
Ruden, McClosky, Smith, Schuster & Russell, P.A.I Bonnie Miskel, Esq.,
and Kim Glas-Castro, AICP
AGENT'S ADDRESS:
222 lakeview Avenue, #800, West Palm Beach, Fl 33401
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
July 5, 2006
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 42 fee-simple townhouse
units and 40 condominium units on a 4.11-acre parcel in the Infill
Planned Unit Development (IPUD) zoning district.
lOCATION OF PROPERTY: 2632 North Federal Highway (see Exhibit "A" -location Map)
DRAWING(S): SEE EXHIBIT "B" A TI ACHED HERETO.
X THIS MA TIER 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:\PlanningISHAREDIWP\PROJECTS\Casa del M..\NWSP 06-OI5\DO.doc
~1"~~
/ '., ~\
G;\,r,/':::
0, ;'.;
).-"'" ./ ""
Il,. ,," ._,', '"
~ eN\.?
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR
XII. - LEGAL - 2nd Reading
Non-Development
ITEM B.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 ] 8, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April I?, 2006 (Noon) 0 July 5, 2006 June ]9,2006 (Noon)
0 May 16,2006 May 1,2006 (Noon) r2J July] 8, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing r2J Legal 2nd Reading
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Second Reading: Adopt proposed Ordinance No. 06-_ revising Article ], Chapter 13 of the
City's Code of Ordinances to include a process and procedure for withholding the issuance or renewal of occupational
licenses as a result of existing violations of the City's Code of Ordinances or for failure to comply with the City's land
development regulations.
EXPLANATION: Article ], Chapter ]3 of the City's Code of Ordinances details the process by which an individual may
apply for an occupational license and the conditions under which such a license may be issued. Section ]3-9(c) expressly
provides that "No license shall be issued unless it is found that the proposed business and location comply with city zoning
codes and other applicable city ordinances." Additionally, Section 13-] 8 states "(1) The city may refuse to issue, reissue or
transfer any license provided for in this chapter when the issue, reissue or transfer of the license would result in the violation
of applicable city, county or state law.. .(2) The city shaH have the right and authority to revoke any occupational license
granted under this chapter and issued to any person, whenever it is made to appear that the business method or operation or
work being conducted or carried on by the licensee which constitutes the violation of any applicable city, county, or state
law." The City Code provides a specific manner and process by which the City may deny the issuance or renewal of an
occupational license. Pursuant to the relevant Code provisions, the City may deny an applicant an occupational license for
violating the City Code or failing to comply with the City's land development regulations. This ordinance details the process
and procedure by which the city may deny or revoke an occupational license due to non compliance of the City's Code of
Ordinances or land development regulations.
PROGRAM IMPACT: By approving this ordinance, the city will have an additional tool with which to enforce compliance
of the City's Code of Ordinances and land development regulations upon local business owners.
FISCAL IMPACT: (Include Account Number where funds will come from.) None
ALTERNATIVES: Not to approve the ordinance and revise the code.
Department Head's Signature
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
City Attorney / Finance / Human Resources
11
2 ' I
'>
.,
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
ORDINANCE NO. 06 - 0, (
AN ORDINANCE OF THE CITY COMMISSION OF
THI( CITY OF BOYNTON REACH, FLORIDA,
Al\lENDING CHAPTER 13 OF TilE CODE OF
ORDINANCES, SECTION 13-18 BY DELETING 13-18
IN ITS ENTIRETY AND ADOPTING A NE\V 13-18
TO PROVIDE FOR GROUNDS FOR DENYING
ISSUANCE, REISSUANCE OR TRANSFER OF AN
OCCUPATIONAL LICENSE; REVOCATION OF AN
OCCUPATIONAL LICENSE; APPEAL OF DENIAl,
OR REVOCATION OF A LICENSE; PROVIDING
FOR CONFLICTS, SEVERABII~ITY,
CODIFICATION AND AN KFFECTIVE DATE.
\VHEREAS, the City Commission for the City of Boynton Beach desires to clarify
the grounds upon which an Occupational License can be denied or revoked; and
\VHEREAS, the City Commission desires to clarify the procedure for appeal of the
19 denial or revocation of an Occupational License.
20 NO\V THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, THAT:
22 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated
23 herein by this reference.
24
25 Section 2. That Chapter 13, "Licenses," Article I, "Occupational Licenses,"
26 Section] 3-] 8, entitled "Occupational Licenses; control of issue, reissue, transfer, revocation,
27 right of appeal" of the City of Boynton Beach Code o[ Ordinances, be, and the same is hereby
28 amended in its entirety to read as follows:
29
30 Sec. 13-18 Q.ffupation-al-Licenses; coJl-t:.f:m-of issue, reissue, transfer, revocation,
31Hgbt of appeal. Ri2ht to deny issuance, renewal, transfer, revocation; Ri2ht of appeal.
3 2 (-H--Tt~e--{'ily IH-HY-f€fu s e to is s 1I e, f€ffi5-He-er-h:ans+ff--ftH-y-hwRSe-j7t-ovHletl--fBr-in--tli-i- s
33 e-hat*r when the issue: reissue Bf---transfer of the license would result in the violation of
34 aw.J-t€ahle-8ty,€BUflly--Hf-5tate-hnv. Tn the c3~;e--e+-5H€h- refusal-~y--t-J:te---€-i-ty--s-h-aH-st-a-t-e-in
35 wFi-ting---t-hebas-i-&tBF-5U€h-H~-l-lts-al--tD issue, relssue or transfer a li-€€nse with--sp-€€-ili€--refercll€-B
36 to the pn)\"ision:~ of the City Code which the city asserts constitutes grounds for denial.
37---+~) The city shall have the right and authority to revoke any occupational Jicen:;e b'mntct!
38 tIfl6-er---l:flis chapter and issttetl--to any person, whenevc-r-i-t--i-s---made to appeaF--tha-t---tBe--lws--i-ness
1 I 'me+hod or operation or work being conducted or carried on by the licensee which constitutes
2 I ,tii€ \iolation of uny applicable city, co~mty, or state luWo
3 I (3) /\n applicant who is denied issuance, reissuance or transfer of a license or wOOse
4 I license has been-revehd may, witltffi-ftve--ullsiness days of the denta.~-or re\ocatmn, appeal
5 tfl.€.-tlenial or rc'.'ocation to the City l'vluna;er. Within sc',cn business days of receipt of the
6 appea] , the City Manager or his,11er designee shall review the application, the -tlenial or
7 revocation, and any information tlt€-npplicant-disclosesin its written appeal and either sustain
8 or rcvcrse the city's denial or revocation. In the event the denial or revocation is sustained in
9 \'.'ho]e or in part, the applicant may appeal the decision of the City Mana;er -le-the Buildin;
10 Board of ,\djustment, 'shieh shall conduct an evidentiary hearing. The decision of the
11 Building Board of ,\djustment shall be final and shall only be subject to review by \\Tit of
]2 certior:lri to P:llm Beach County Circuit Co-ltf-t-:-
13 (1) The City may refuse to issue, reissue or transfer any license provided for in this
14 chapter when:
]5
] 6 a. Issuance will result in the violation of applicable city, county, federal or state
]7 law,or
18 b. When the City's Code Enforcement Board has issued an order findin!!, a code
] 9 violation and the violation has not been corrected, or
20 c. When the City's Code Enforcement Board has issued an order imposing a fine
21 and the fine remains unpaid.
22
23 (2) In the case of refusal to issue, reissue or transfer any license on one of the
24 foregoing grounds, the City shall notify the license applicant or license holder in
25 writing the basis for such refusal to issue, reissue or transfer a license with specific
26 reference to the provisions of the City Code or Code Board Order which the City
27 asserts constitutes grounds for denial.
28
29 (3) The City shall have the right and authority to revoke, with fifteen (15) days written
30 notice, any occupational license granted under this chapter and issued to any
31 person, whenever it is made to appear that the business method or operation or
32 work being conducted or carried on by the licensee which constitutes the violation
33 of any applicable city, county, or state law.
34
35 (4) An applicant who is denied issuance, reissuance or transfer of a license or whose
36 license has been revoked may, within ten (10) calendar days of the denial or
37 revocation, file a written appeal of the denial or revocation to the Building Board
38 of Adiustment. The Notice of Appeal shall be filed with the City Clerk.
39
40 (5) The Board shall meet within thirty (30) days and shall conduct a quasi-judicial
41 evidentiary hearing. The initial burden of proof shall be on the City to establish
42 that the refusal or denial to issue, reissue or transfer a license is based on the
43 grounds as set forth in Section (1) above. The burden then shifts to the applicant to
44 prove that the applicant is exempt from application of the City, County, Federal or
S:\CA\Ordinances\OL License Renewal (code violations).doc
2
4
5
6
7
8
9
]0
] ]
]2
13
]4
~,
-)
State la\v, that the Code violation has been corrcct<;_(L_()L that the Code BoardflnG
lE~s l)e(?ll12'lLQ. uJh~u!3J;lllr(lsh ,~U j sSlJc,di n a lord C[\~~i! h f)J1Ql.I1l',S OfJ"clct
~_--=rhe decision of the Building Board of Adjustment shall be final and shall onlv be
011bi~1JgLe~iG)~'Q y \v ri 1 9 [s e rt !c2I_,!!:i lQj)jtlDLIJG (l<:ll(~g!Jn t v C i rc II i t Co u rt .
lli___ _';\ Notice of Appeal stavs the denial_ocrcvocationoL!be license until the apJ)Cal
Qrocess is complcted:
(8) When denial of the issuance or reissuance of a license is based on (])c above, the
Notice of Appeal shall be accompanied by payment of the outstanding Code
violation fine.
15 Section 3. Each and every other provision of Chapter 15, of the Code of Ordinances
16 of the City of Boynton Beach not herein specifically amended shall remain in full force and
] 7 effect as previously enacted.
18 Section 4. All ordinances or parts of ordinances in conflict herewith be and the
19 same are hereby repealed, provided that no portion of the City of Boynton Beach Noise
20 Control Ordinance shall be repealed.
21 Section 5. Should any section or provision of this ordinance or portion hereof: any
22 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
23 such decision shall not affect the remainder of this ordinance.
24
25
26
27
Section 6.
Authority is hereby granted to codify said ordinance.
Section 7.
This ordinance shall become effective immediately upon passage.
FIRST READING this 5_ day of__ Ju.J-T----~, 2006.
S\CA\Ordinanccs\OL License Renewal (code violations).doc
3
SECOND, FINAL READING AND PASSAGE this
,2006.
~.
'1
-'
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19 ATTEST:
20
21
22
23 City Clerk
24
25 (CORPORATE SEAL)
26
day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
Commissioner - Muir C. Ferguson
S:\CA\Ordinances\OL License Renewal (code violations).doc
4
XII. - LEGAL - 1st Reading
ITEM C.1 -
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
N~\1])}lLJ2<!~~
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form MUSl be Turned
irrJo City Clerk's Offic~
0 April 4, 2006
0 April 18,2006
0 May 2, 2006
0 May 16.2006
March 20, 2006 (Noon.)
D June 6, 2006
D June 20, 2006
D July 5, 2006
r8J July] 8, 2006
May 15.2006 (Noon)
April 3, 2006 (Noon)
June 5, 2006 (Noon)
April 17,2006 (Noon)
June 19,2006 (Noon)
May 1,2006 (Noon)
July 3, 2006 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
o Public Hearing
D Bids
D Announcement
D City Manager's Report
o Development Plans
o New Business
r8J Legal
o Unfmished Business
o Presentation
f-.,.-'..
;1~)
RECOMMENDATION: Please place this request on the July 18, 2006 City Commission Agenda under
LegaVOrdinance-First Hearing. Staff recommends that this ordinance establishing the Boynton Village Community
Development District be approved. Please note that pursuant to the petitioner's request, the second reading and the public
hearing will be advertised and held on August IS, 2006.
EXPLANA TION: The subject petition requests establishment of a Community Development District (CDD)
under the name of "Boynton Village" for properties bounded by Congress Avenue on the west, Lake Worth Drainage District
E-4 Canal on the east, Old Boynton Road on the south, and the Boynton (C-16) Canal on the north (less a portion dedicated
for a park use). The District will include both the "Boynton Village" and "Boynton Town Center" projects, with a total of
1,120 residential units and 409,000 square feet of retail and office uses.
A CDD is an independent district authorized by Chapter 190, F]orida Statutes, for the purpose of planning, constructing,
acquiring, operating and maintaining infrastructure in large planned community developments. The proposed District will
finance surface water management, water and wastewater systems, roadway, paving and lighting improvements, off-site
improvements as well as certain related incidental costs. Upon completion of water and wastewater systems, these facilities
will be dedicated to the City to be connected to the City's existing water and wastewater lines.
PROJECT: Boynton Village Community Development District
AGENT: Micha] Szymonowicz/Wrathhell, Hart, Hunt and Associates, LLC
OWNERS: ]950 Congress Avenue, LLC; Target Corporation; South F]orida Devco, Inc.; and WR 2, LLC
PROGRAM IMPACT:
HSCAL IMPACT:
AL TERNA TIVES:
Deve]op
p~sL?~
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
City Attorney / Finance / Human Resources
I ~
I
1 ORDINANCJ<= NO. 06-
2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
3 FI"ORIDA, ESTABLISHING THE BOYNTON VILLAGE
4 COMMUNITY DEVf=LOPJVIENT DISTRICT;
5 ESTABLISHING THE BOlJNDARJES OF THAT
6 DISTRJCT; APPOINTING THE INITIAL BOARD OF
7 SUPERVISORS; PROVIDING FOR PO\VERS OF THE
8 BOARD; PROVIDING FOR CONFLICTS,
9 SEVERABILITY, CODIFICA TION AND AN EFFECTIVE
10 DATE.
11
12 \VHEREAS, on June 16, 2006, 1950 Congress Avenue LLC., submitted a petition to
13 the City for the creation of a community development district to be known as the Boynton
14 Village Community Development District ("District"), in accordance with Section 190.005(2)
15 , Florida Statutes; and
16 \VHEREAS, the petition which is attached hereto as Exhibit "A" and made a part
17 hereof contains the infomlation required in Section 1 90.005(9)(a), Florida Statutes; and
18 \VHEREAS, a public hearing on the petition was conducted by the City Commission
19 on August 15, 2006, at City HaJJ in accordance with the requirements of Sections
20 190.005(2)(b) and 190.005 (1) (d), Florida Statutes; and
21 \VHEREAS, the City Commission has reviewed the six (6) factors set forth in Section
22 190.005(1 )( e) and the record of the public hearing held on August 15, 2006, in making its
23 etennination as to whether to grant or deny the establishment of the Community
24 Development District; and
25 \VHEREAS, the City Commission has determined that:
26
1.
That all statements contained within the Petition have been found to be tme
27 nd correct.
:\CA\Ordinances\Planning\CDD Boynton Vil/age.doc
Page 1 of 4
i I
1
2.
That the creation of the District is not inconsistent with any applicable element
2 or portion of the State Comprehensive Plan or of the effective local government
3 comprehensive plan.
4 "
J.
5 compact and
6 community.
7 4.
That the laml within the proposed District is of sufficient size. sufficiently
sufficiently contiguous to be developable as one functional interrelated
That the creation of the District is the best altemative available for delivering
8 the community development services and facilities to the lands within the District boundaries.
9
5.
111at the proposed services and facilities to be provided by the District are not
10 incompatible with the capacity and uses of existing local and regional community services and
11 facilities.
12
6.
That the area identified 111 the Petition ]s amenable to be included 111 the
13 proposed District; and
14 \VHEREAS, the City Commission has determined that the creation of the Boynton
15 Village Community Development District would be consistent with the criteria for community
16 development districts as set forth in the Uniform Community Development District Act of
17 1980,Chapter 190, Florida Statutes;
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
20
Section 1.
Each Whereas clause set forth above is true and correct and herein
21 incorporated by this reference.
S:\CA\Ordinances\Plannfng\CDD Boynton Village.doc
Page 2 of 4
1
Section 2.
-_.,--~,.__._. ---
In accordance \vith the provisiolls of ('hapter J f)O. l'IOI'ida Statutes. the
2 City Commission of the City of Boynton Be;lch. J'lorida herebv establishes a communit\,
3 development district as rollo\\ s
4
CRJ~8JJO:r"LbJ'Hl_NAI\:!t: Therc is hereby created a COJJllJlunity IkvcJopmcnt
5 District to be known as BOYNTON VILLAGE ('OI'vII\HJNT'{ DEVELOPMENT DISTRICT
6
LEGAL DESCRIPTION: The legal description for the Community Development
7 District is attached hereto and incorporated herein by reference in attachment 2 to the Petition
8 which is attached as Exhibit "A" to this Ordinance. In addition, a map depicting the land area
9 to be serviced by the District is attached to this Ordinance as Exhibit "8" and incorporated
10 herein by reference.
11 BOARD OF SUPJ'J\YJ~(}Rii: The initial Board of Supervisors are as foJ)ows. Their
12 terms, powers and duties are as described in Chapter 190, Florida Statues:
13
(a)
James Comparato
14
(b)
Timothy R. Kelly
15
(c)
Alan Thomas
16
(d)
Joseph Filippelli
17
(e)
Michael Troxell
18
Section 3.
The Board of Supervisors shall have only such powers as set forth in
19 Florida Statutes 190.0 II and 190.0] 2.
20
Section 4.
That any individuals who purchase property in the District should be
21 advised of the existence of the District, as well as the costs associated with mvning property
22 within the District
S:\CA\Ordinances\Planning\CDD Boynton Village. doc
Page 3 of 4
Section 5.
--,---~--_.-
That all ordinances or parts of ordinances in conflict herewith be and
same are hereby repealed.
3
Section 6.
"~---~
Should any section or provision of this ordinance or portion hereof, any
4 paragraph, sentence. or \vord be declared by a court of competent jurisdiction to be invalid,
5 such decision shall not affect the remainder of this ordinance.
6
Section 7.
Authority is hereby granted to codify said ordinance.
7
Section 8.
This ordinance shall become effective immediately upon passage.
8
FIRST READING this__ day of _____
,2006.
9
SECOND READING and FINAL PASSAGE this
day of
10
,2006.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
CITY OF BOYNTON BEACH, FLORIDA
Mayor- Jerry Taylor
Vice Mayor - Carl McKoy
Commissioner - Robert Ensler
Commissioner - Mack McCray
2~
2E
2~
Commissioner - Muir C. Ferguson
''TEST:
r.., .-
Li
2S.
3C
31
32
3:::
34 ,orporate Seal)
, .
i
Clerk
i
IS\CA\Ordinances\Planning\CDD Boynton Village. doc
; Page 4 of 4
BOYNTON VILLAGE
COMMUNITY DEVELOPMENT DISTRICT
IABIE~L2J,-LJ) ]'Dl"CLlS
Pe660n for Establishment of the Bovnton Village Communitv Development I )istriu
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 3,\
Ex}libit 3B
Exhibit 3C
Exhibit 3 D
Exhibit 3E
Exhibit 4A
Exhibit 4B
Exhibit 5
Exhibit 6
Exhibit 7
Location I\Iap ~with Cunent I\1a)or Trunk \\';ltcr J\LI1IlS and Sewn
Interceptors and Outfalls
I\letes and Bounds Description
Consent of Landowners or Contr3ct Purchasers to Establishment of the
Boynton Village Commllllitv De\-c!opment DistricI
Consent & Joinder 1<)50 (:ongress Avenue, J J'c
Consent & Joinder ~ South FJorida I)C\((), Jne.
Consent & Joinder - \V1\2, LLC
Consent & Joinder -- Target Corporation
Consent & J oinder- WR], LLC
Estimated Infrastructure Construction Time Table
Construction Costs Estimates
Public and rrivate Land Use NTap
Statement of Estimated Regulatory Costs
Proposed Form of Ordinance to Establish Boynton Village Community
Development District
PctlliOIl
PETITION FOR ORDINANCE
TO ESTABLISH
THE
BOYNTON VILLAGE
Commllnity Development District
~
Prepared by
Wrathell, Hart, Hunt and Associates, LLC
1200 N.W. 17th Avenue, Suite 13
Delray Beach, Florida 33445
Telephone: (561) 276-0889
Facsimile: (561) 276-3780
\V'ebsite: w\V\v.whhassociates.com
Wrathe~ Hart, Hunt and Associates, LLC
Building clknt relationships one step at a time_.
Petition
BFr'ORE THE crry U)[\L\1ISSI0N
(IF IffEClTY(JI' 1~()Yi'\I(J\! ])1\( 11,IJ()J\111\
IN RI'::
AN ORDINANCI':I() [,'-:T\BJ .ISf I
TilE BC)YNTON VILL\(;I<
(:()!\I!\ll iN}']'Y 1)[,\,[,',1,( )[)[\II'0)'I' 1 1IS'J'J\[( ,'J'
)
PETITION
] 950 Congress 1\ venue, LLC, a Florida limited liability company (the "Petitioner"), hereln
petitions the City Commission of the City of Boynton Beach, Florida pursuant to the "Uniform
Community Development District Act of ] ()SO", Chapter 190, l'lor:icl:1 Statutes (the "J\ct") to adopt
an ordinance establishing a Commuruty Development District (the "District") on the property
described herein. In support of the Petition, Petitioner states:
1. The proposed District (as described below) is located within the incorporated area of
the City of Boynton Beach, Florida. ,Exhibit 1 depicts the general location of the property, delineates
the proposed boundaries of the District and sho\vs current major trunk water mains and sewer
interceptors and outfalls. The proposed District covers approximately 101.184 I- / acres of land.
The real property \vithin the boundaries of the proposed District is generally located \\!est of the
Lake \Vorth Drainage District (anal [:4, Fast of Congress ,henue, North of Old Boynton Ruad
and South of South Florida \'\iatcr Management District Canal C] 6. 'l11e metes and bounds
description of the external boundaries of the District is set forth in E'~xhibjJ 2. There is no real
property \vithin the external boundaries of the proposed District, which is to be excluded from the
District.
2. Attached to this Petition as Exhibit 3 and made a part hereof arc the \vritten consent
forms to the establishment of the District by the owners or contract purchasers of 1 OO~/() of the real
property to be included in the District.
3. The five persons designated to serve as initial members of the Board of Supervisors
of the proposed District arc as follows:
James Comparato
Timothy R. Kelly
,\lan Thomas
Joseph Filippelli
I'vfichael 'froxell
4. The proposed name of the District to be established is Boynton Village Communitv
Development District (the "District").
S. The proposed timetable for the constmction of District improvements is shown in
Exhibit 41\. The estimated cost of constructing the proposed public improvements is shown in
Exhibit 4B. The information presented in both exhibits are good faith estimates and are not binding
on the Petitioner or the District and are subject to change.
1:\BOYNTON VITLAGBPeti'lon ,>(i.doc
Petition
6. The future genera] distribution, location and extent of public and private land uses
within the District are consistent with the zoning categories of suburban mi.;;ed use and C3
community commercial. The proposed uses are also consistent with the fUhlre land use plan element
of the Comprehensive Plan of the City of Boynton Beach, F]orida (the "City"). The future land use
map is shown as Exhibit 5. The land within the proposed District is an6cipated to be developed
with 458 tmvnhouse units, 662 condominium units, 399,000 square feet of retail uses and 10,000
square feet of office uses. The Petitioner intends that the District will finance (i) surface water
management included related earthwork, (ii) \vater distribution and wastewater collection and
transmission facilities, (iii) roadway, paving and street lighting improvements, (iv) off-site
improvements, (v) land acquisition, and (vi) related incidental costs which may include acquisition of
rea] property (collectively, the "Public Improvements"). Upon completion by the Petitioner of the
water distribution and wastewater collection and transmission facilities and acquisition by the
District, such facilities will be dedicated to the City to be connected to the City's existing \vater and
wastewater lines.
7. Exhibit 6 is a Statement of Estimated Regulatory Costs prepared in accordance with
the requirements of Section 120.541, Florida Statutes.
8. Exhibit 7 is a proposed fonn of ordinance to establish the Boynton Village
Community Development District, which is similar in fonn to Ordinance No. 05-018, which
established the Renaissance Commons Community Development District.
9. Petitioner hereby recpJests that the proposed District be granted the right to exercise
all pO\vers hereby requests the right to exercise all powers provided for in Section 190.012(1),
Florida Statutes and the addi60nal powers listed in Sections 190.012(2)(a) and (d).
10. The Petitioner is 1950 Congress Avenue, LLC, a Florida limited liability company.
The Petitioner, acting on behalf of itself, South Florida Devco, lnc., a Florida Corporation, WR 2,
LLC, a Florida limited liability company, and Target Corporation, a Minnesota Corporation as the
landowners, O\vn 100% of the real property to be included in the proposed District. The Petitioner,
South Florida Devco, Inc., WR 2, LLC, Target Corporation and WI1\. 1, LLC, a Florida limited
liability company, as contract purchaser of certain lands within the proposed District, will develop
the land within the District, including the construction of the public infrastruchrre, which will be
acquired by the District. It is contemplated that the vertical improvements on the developed lots
will be constructed by the Petitioner, South Florida Devco, Inc., W1\. 2, LLC, Target Corporation
and \VR 1, liC, and possibly other builders. Copies of all correspondence and official notices
should also be sent to: Craig A. WratheIl, c/o Wrathell, Hart, Hunt and Associates, LLC, 1200 NW
17th Avenue, Suite 13, Deltay Beach, Florida, 33445; (561) 276-0889.
11. The property within the proposed District is amenable to operat1l1g as an
independent special district for the following reasons:
(a) Establishment of the District and all land uses and services planned within the
proposed District are consistent with applicable elements or portions of the effective City of
Boynton Beach Comprehensive Land Use Plan, as amended.
(b) The land within the boundaries of the proposed District is of sufficient size and is
sufficiently compact and continuous to be developed as one functional interrelated community.
I:\BOYNTON VlLLAGE\PclilioD ,,6.doc
2
Petition
k) Ihe comm\I11Ity dCH'lopment services of the District WIll he comp:1tibk with thc
capacity and use of exisllng ]OC:1] :llld rq>,Jona] communit\' development S(TVlCeS :llJd flcilities.
(d) The proposed Ulstnct will he the best alternatin' ;n'aI]ablc for deliHTing cOlllnHlnity
development serVIces to 11lC area to be cUTed because (1) the I )istrict provides :1 governmental enUt\'
responsible for deliverIng those ScrylCCS :I!ld f:Jcilities In :1 manner that does not fin:HJClally imp:lCt
persons residjl1g outside the Distnct, (Ii) the ,\ct authorizes :1 community development district to
:1ulllire mfrastructure unpH>vemcnts Ine,,"ious]v cOllstructed bv the Petitioner or allows for :\
commumty deveIoplnent distrjct to. In the first IlJstance, construct such infrastnJCtllre
improvements, (iii) the timing for the establishment of the proposed !)jstrict and the issuance oj
special :1ssessment bonds is compatible: with the timing for the construction :md aUJuisition of such
infrastructure improvements \vhich results III direct bcnefit to the bndO\vllers and their assigns
within tbe District, (jv) establishmenr of :1 communJt\. deve]opment district 111 conjunction \vith :1
conlprehensively pbllned communit\', as proposed, allows for a more effiCIent ucc uf ITsources :IS
wcB as providing the opportunity for new growth to p:1Y for itself, and (v) cstablishment of the
District \vill provide a perpetual entitv capable of making reasonable provisions for the opera6on
and mainten:Jnce of manv of the District services and facilities_
12. The Petitioner undert:1kes on behalf of the District that the District will provide fu]]
disclosure of information relating to the public financing :1nd maintenance of improvements to rea]
propenv to be undert:Jken bv the District as required by Section I ()()JH)() and Section] 90.048.
F]orida Statutes, as amended.
[Remainder of p:1ge intentiona]]y left blankl
I:\BOYNTON Vll..l..AGBPclition \'6.doc
"'
-)
Petition
WHE REFORE, Petitioner respectfully requests the City Conllnission of tlle City of
Boynton Beac h, Florida to:
Hold a public hearing as required by Section 190.005(2)(b), Florida Statutes to consider the
establishment of the Boynton Village Community Development District and;
Adopt an ordinance pursuant to Chapter 190, Florida StaTlnes, gr,lnting this Petit ion and
establishing the BO:\1lton Village Communit} Development District.
Respectfully subrnined this 16}\-1 day of ~~006.
1950 Congress Avenue, LLC
a Florida limited llability company, as Petitioner
Its: I\1anaging Member
By: Sembler Family Pannership # .35, Ltd.
a Florida lirrlited pannership
Its: General Panner
By: Sembler Retail, lnc., a Florida corporation
I ,~/'7
.j . j/:/:</
'/
/) /)
V;
C
','
C",DnnIlHnns ;>>111 Sl'lrin~~\...lmh.l''''':11 Sl1Iill!,_,\T m11l'1f:lry Inh'Tllt'f Fik:,-1,()lKf,..1'Pct";.)tl ,-:<'.tlrll: 4
Pl1ilillll
EXHIBIT]
- ---."..----.-
MAP OF THE PROPOSED DISTRICT SHOWING CURRENT MAJOR TRUNK
WATER MAINS AND SEWER INTERCEPTORS AND OUTFALLS
BOYNTON VILLAGE COM~IUNITY DEVELOPMENT DISTRICT
Petition - E>Jubil J
Oro..i~.. nc...- .. \O..J14l'!OOJ-ge)"""" ViI"....\4'7'.f&)(!J\C.oD'J\~...\[Xl-!l81l 1_0.... oeHlerll W.... JO. 2006 IQO~om by ,Iep"..._boi..
,......~--~~- ,.. .....---...--.... "" -..-....""......- .... ..--
" '1-- - - --
I
I"
_._ -t""'?T"J. -
il,!I'
-_':"'~'~--=--_.
" I"
~-I,ll'
~ ,'hi
i1 .
L_
I
i~>'I'
,~i"~
d"'i!i
I
1>'li!
Iii ~I
I .
r
! II
,
I
I I
I ,
l III'
: ! I,t
I I .
, .
I
\d
1'1
.t
,
----~
~~
II
tilli
I .
" ,II
" f
II I~
~
..
'j
l
s;
~.
:: II:: d
"'1,,;/
" III -,..-........
" I
:::: !illi
/I !-
:: I'::
" .
! "
III ~
BOYNTON VilLAGE
COMMUNITY
DEVELOPMENT DISTRICT
BOYN'TCW erAOi
FlORIDA
tlCVTHR~~TE19~~
",m"CW~
~C.
: : \
\ \ '
uu_-_~~..~ \
, ~Ii \.
\
\
l
\
I
\
\
\
\
\\'V-
\'
\~,~
., ',\~
\ \~
-~-_.
\ -- - \ ------:-
'l~' "-y_
\ .
I I'
III !~
II IIi
! .
~--
~ I '
1111~
.
f~
2~~~
~~~~
~-....l=
~~
''-...
'I
.
ij
filii
li'i
i II
EXHIBIT 1
-
AS """"
-~
....
~~~TAF1\)
.1- . . . .l~
llRS
-~
.....
~=~~..........
-@-=-~:~~
-~"cf*':':;-
nH
t~ yo
g~
1M
~
3
III
~:$
\
,
.. \
:\\ '1
,
I
I
I
I
I
,
I
I
I
I
I
I
I
I
I
I
I
,
I
I
=-=+=
. r
OAT( BY
EXHIBIT 2
METES AND BOUNDS DESCIUPTION
BOYNTON VILLAGE COl\fMONITY DEVELOPMENT DISTRICT
(:; P:uce] 1. (:; P:mc!:7, C", Parcel:;' (::; ParcelL (:; ParcelS, (:; P:1l'ccl 6, C", Parcel 7.
S\11 · Parcel I, S:\ 11 Parcel 2. S[\II i Parcel \ St\1l : Parcel.!. S\ll ! 1>arcel\ Sl\l1 .. Parcel
6. S1\I1; . P;uce] '7, Sl\ll . jl:lrcc1 R. ST\I U L:lkt- P;lrcel, ('C]([ (: L Spine Road TT:lct, BOYN'fON
TO\VN CENTER,.\ PC]), as recorded in Plat Book 1 U(), Pages ]<1.1151 of the PlIblicRecords of
Palm Be:lch Count\', l'londa, said parcel being more particllhrly described ;IS foll()\vs:
C:O\I\!IJ\CI'~ :It the Suuthwest corner of the Southwest ()ne(.!llarter (1/4) of s:ud Section 20,
']'c)\\'nship 45 SOllth. Range 43 East:
THF.NCT': on a grid bearing of NOl 022',16"\\1 along the \\Iest line of S:lid Southwest One-Quarter
(] /4') of said Section 20 a distance of 1.:;12.24 feet
THENCE NER03:' 14" E :1 distance of 60.00 feet to a point on the East right.ofway line of
Congress An.'DlJe, said line also being 60.00 feet East of and paraIJel with the \\Iest lil1e of the
Sourlnvest One-Qmuter (1/4) of said Section 20, said point also being the POINT OF
BEGJNNINC;;
THE"JCF NU 1 022'4()"W a distance of 22'1.5U feet;
THENCE NI20]2'46"E a distance of 29.78 feet;
THET\'CE NOl 022'46"W a distance of 140.75 feet;
THENCE N38037'14"E a distance of 20.23 feet;
THENCE S88037'14"\'(1 a distance of 10.00 feet;
THENCE NOl 022'46"\'(1 a distance of 75.00 feet;
TIIENCE S88037'14"\'(1 a distance of 10.00 feet;
Tf IENCE NOI 022'46"\'(1 a distance of 456.21 feet;
THENC:E N12009'15"E a distance of29.91 feet;
THENCE N01 022'46"\'(1 a distance of 286.82 feet;
THENCE N38003'52"E a distance of 17.71 feet;
THENCE NOl022'46"\'(1 a distance of89.10 feet;
THENCE N47000'33"\'(1 a distance of 25.54 feet;
Petition - Exhibit 2
THENCE NO]023'03"\\i a distance of291.]0 feet:
THENCE N] 2008'37"E a distance of 29.93 feet:
THENCE NOl 023'03"\\1 a distance of 285.65 feet:
THENCE N38003'52"E a distance of 22.] 3 feet;
THENCE S88036'57"\,/ a distance of 21.(l6 feet;
THENCE NOl 023'03"\\1 a distance of 59.00 feet;
THENCE N88036'57"E a distance of 25.06 feet;
THENCE N47000'33"\\I a distance of 35.06 feet;
THENCE NOl 023'03"\\1 a distance of 468.48 feet to a point on the North line of said BOYNTON
TO\VN CENTER, j\ P.CD.;
THENCE N87045'5T'E along said North line a distance of 1485.39 feet to a point on the East line
of said BOYNTON TO\VN CENTER, i\ P.CD.;
THENCE S06028'18"E along said East line a distance of 760.86 feet;
THENCE S30046'03"E continuing along said East line a distance of 800.00 feet;
THENCE S00041 '03"E continuing along said East line a distance of 904.59 feet to a point on the
South line of said SJ\lU - Parcel 2;
THENCE S89048'57"\\I along said South line a distance of 768.02 feet to a point of curvature of a
non-tangent curve concave to the Southwest, a radial line of said curve through said point having a
bearing of S71 014'46"\\1;
THENCE Southeasterly along the arc of said curve to the right having a central angle of 18034'11"
and a radius of 646.50 feet for an arc distance of 209.53 feet to a point of tangency;
THENCE S00011'03"E a distance of 89.52 feet to a point on the South line of said BOYNTON
TOWN CENTER, 1\ P.CD.;
THENCE S89048'57"\\I along said South line a distance of 80.00 feet;
THENCE N00011'03"\\I a distance of 15.00 feet;
THENCE S69003'41 "\\I a distance of 42.32 feet;
THENCE S89048'57"\\I a distance of 439.23 feet;
THENCE NOODll '03 "\\1 a distance of 1.00 feet;
2
Pe1ition . Exhibit 2
THENCE SW)O'IS'[i7"\V;} distance ofT;- I_ I) teet
THFN( " 1'\iiOl()')()"\V ;j dis1:lllce ,.( )')')() lll'(
TJ IEN( F S890,18'[)7"W ;1 dist;JI)ce of 2()U:'I) fcet:
THFN(!: N45047'f)'i"W:J (!Jst:tllU' ()f 'I')() I fect to the P( )INT UF BEGINNING:
S<lld parcel of land situate \\HJlll1 the (IlV oj J)uvnton Beach, p;j]m Beach (01111(1', FlOrid;],
containing 101.11)4 ,\cres, (L4(P,')()-f. 1() Squarc h'ct), more or less
3
Petition - Emibil 2
EXHIBIT 3
CONSENT OF LANDOWNERS OR CONTRACT PURCHASERS
TO THE ESTABLISMENT OF THE
BOYNTON VILLAGE C01\IMUNITY DEVELOPMENT DISTRICT
The land described in Exhibit 2 to this Petition comprises 1000'0 of the real property proposed to be
included within the boundaries of the Boynton Village Community Development District. Such
land is deplcted graphically by plat and by Propertv Control Number 111 Exhibit 1 to this Petition
and the speclfic parcels to be included wlthin tlle boundaries of the proposed Boynton Village
Community Development District are as follows:
Property Control
Number
Owner / Contract Purchaser
Description
08434520290030000
08434520290030010
08434520290030020
08434520290030030
08434520290030040
08434520290030050
08434520290030060
08434520290030070
08434520290120000
08434520290180000
08434520290190010
08434520290190020
08434520290190030
08434520290190040
08434520290190050
08434520290190060
08434520290190070
08434520290190080
Track C-1 (Canal Parcel)
C3 - Parcel 1
C3 - Parcel 2
C3 - Parcel 3
C3 - Parcel 4
C3 - Parcel 5
C3 - Parcel 6
C3 - Parcel 7
SMU - Lake Parcel
Spine Road Tract
SMU - Parcel 1
SMU - Parcel 2
SMU - Parcel 3
SMU - Parcel 4
1950 Congress Avenue, LLC
1950 Congress Avenue, LLC
1950 Congress Avenue. LLC
Target Corporation
1950 Congress Avenue. LLC
1950 Congress Avenue. LLC
1950 Congress Avenue. LLC
1950 Congress Avenue. LLC
1950 Congress j\venue, LLC
1950 Congress Avenue. LLC
South Florida Devco. Ine.
South Florlda Devco. Ine.
\W 2. LLC
1950 Congress j\venue. LLC as owner and
\'VR 1. LLC as contract Purchaser
1950 Congress Avenue, LLC as owner and
WR 1. LLC as contract Purchaser
1950 Congress Avenue. LLC
1950 Congress Avenue, LLC
1950 Congress Avenue. LLC
SMU - Parcel 5
SMU - Parcel 6
SMU - Parcel 7
SMU - Parcel 8
Pet.ilion. Exhibit 3
F XIII HIT ,):\
AFFI DA VI'!' ()F ()\VNE RSIII P ANI) ('( )NSF NT
TO TIlE CRF AI'I()N ( )/,'
HOYNTON VILLACF COMMUN1TY DE VI' IOPMENT DISTRICT
STATE ()l; FLUJ\II)!\ )
) SS
COUNI'Y OF P AI.!'v! gEArl I )
'(',\\" ,~x~.
On this 11.(,' day of ~ personally :1ppe,lled belorc me, ,111 officer duly authorized
to administer oaths and takc acknO\vledgmems, Jeffrev S, Fuqua, who, after being duly SWOIll,
deposes and says:
1. Affiam, Jeffrey S, Fuqua, an individual, is the Vice Presidclll oj Sembler Retail, Inc, :1
FlOlicb corporation 'which is the C;cllcr.11 P:1nner of Sembler Fami]v Pannership # 35,
Ltd" a Florida limited pannership which is lIlC T\bnaging i'v1cmbcr of 1950 C.ongress
Avenue, LLC a Florida limited liabi]jty COmp,IJl\ (herein, the "Comparn"): .
2, 'Tne Company is the (nvner of t hc following dC"C1ihed pmpt'T1v, lO wit:
PlOpenv C~)l]lrol Numbers:
0843452029CO~OCCO
08434520290030010
084345202900~CC20
084345202900300\0
08434520290030050
08434520290030060
08434520290030070
08434520290120000
08434520290180000
08434520290190040
08434520290190050
08434520290190060
08434520290190070
08434520290190080
3, Affiant, Jeffrey S. Fuqua, hereby represents t1L1t he has lull authorirv to execute all
documents and instmmems on behalf of the Cll11I-nny, relating to the Petition before
the City Commission of the City ofl)oyDlon Beach, Florida, to enact an ordinance to
establish the BO\T1ron Village ('omrmlllity Developmclll T)istrin (the "Proposed CDD"),
4. -Ole Propeny represents ;1 ponioJl of the real pr(Jpenv to be included in the Propo;t}l/
(J)I). I !
5. Affiant, Jeffrey S. fuqua, Oil beh;lU of the Company, as the sole ovmcr of the Pmpyity ill
thc capacity desClibed above, hereby consents to the cstablishmelll 0/ thc PrQyjosed
C1)D.
Pl11li"n ExhihillA
FUKHIFR AFFIANf SAYETll NOT.
/J
(11/// /.-/,_/<7 ._
-</f/, :/ " --,', //'
!JI.l /-' ,'_____
jt'ffrf{~~H~~ - ---.---- ~
I -,7 ~,~
Subscribed and s,,'om to before me this llr _ day pI ~, 2006, bv Jeffrey S. Fuqua, the
Vice President of Sembler Retail, ]nc., a Florida corporation which is the General Panner of
Sembler F~mily Pannership It 35, Ltd., a FlOJida lirrUted pannership which is the ^-,'lmaging Member
of 19S0i':Gngress Avenue, LLC a Florida lirrUted )jability company, who personally appeared before
me, [[;1 is personalh' known to me or [ ] produced __ as
idemificat ion. ~ / "
Notal}~ j.trV--:;/ , Vl-~/"r
[NOTARIAL SEAl] Print Name: 'LL~T'TTZ~~r'
Notarv Public, State of Frick.':)
My ~mrnission Expires: \ / L/ U 0
[ ,-~~
:\\\\\\111/1/111/1
#~\,.'-:'f. Y. X 0 ;/I/~
~ ~~;i.\l\SS/ON;:'~/'\~
~ .-(p '-r;'.~' ~
;;: -4 /: . -
~ ::" JAN ~'. s
=*: to- -
=. 4 :*=
- . -
~ \ 2010 j ~
~~--"~. ~'t-.'':::
~-'6:",*,- G'iP'..... CJ ~
,~~ ..':'!:..... ~ ~
.",'4.'if!l'( pU~:\\\'~
L. 11//I"'m'''\\\~
/",
( I /7
, , i
) !/
r
I
I
2
Pl1i,i"n. Exbihi, J..:lr.
EXHIBIT 3B
AFFIDAVIT OF OWNERSI lIP AND CONSENT
TO TIlE CREATION OF
BOYNTON VILLACE COMTvlUNITY DEVELOPJVIENT DISTRICT
STATE OF FLORIDA )
) SS
COUNTY OF PALM BEAGI )
On this /(0,);"1 day of April 2006, personally appeared before n1f, an officer duly authorized
to administer oaths and take acknowledgmcJ1ls, ivlichael J. Ryan, who, after being duly S\\Olll,
deposes and says:
1. AffiaJ1l, Iv1ichael J. Rpn, an individual, is the President of South Florida Devco, Inc., a
FIOlida corporation (herein, the "Corporation");
2. 111e Corporation is the owner of the follo\\ln?, desClibed propeny, to wit:
Property Control Numbers: 08434520290190010 and 08434520290190020
3. Affiant, ?\1ichael J. 1\.)':111, hereby represents that he has full authority to execlIte all
documents and instrumeJ1ls on behalf of tbe Corporation, relating to the Petition before
tbe Gt y Commission of the City of Bo)11ton Beach, Florida, to enact an ordinance to
establish dlC Ro:11ton Vilhge Community Dewlopment District (the "Proposed CDD").
4. 'Ibe Propeny represents a ponion of the real propeny to be included in the Proposed
eDD.
5. Affiant, ?v1ichael J. Rpn, Oil behalf of the Corporation, as the sole ownCT of the Propeny
in the capacity described above, hereby consents to the establishment of the Proposed
(nD.
I
I /,-'
J .' I .-J
-.. ../iZtt:J
_ <-qiJ;;~~.
M;CCJJ{YJ'Y/..)
Subscribed and sworn to before me this ly\'-'cby of1\ptll~066, by !vlichael J. Ryan, the
President of South Florida Devco, Inc., a Florida corporation, who personally appeared before me,
l,><:::) is personally knmvn to me or [ J produced._. ._______d_.___..._. _ _ _.__._. as
identifica tion.
FUR'IBER, AFFIANT SA YETI-I NOT.
I ____.-
Notary~ /:;;~
Print Name:::/ .. -.--- .---.--
---_._--~~.-._--- ---------------
Notary Public, State of Florida
My Commission Expires:__
[NOTARIAL SEAL] ~_")
~~~-~
~lnFFICIAL SEAL" ~
JEAi'1 X YIN f!:
Notary Public, State of IllinOiS.. ~
My Commission Expires 10123/07-p'~
~~~...~".
Pctiltun . Exhibit ]oB
E)QIIBJI,3C
AFFIDAVIT OF O\VNERSHIP AND CONSENT
TOTHE CREATION OF
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICf
STATE OF FLORlDA )
) SS
COUNfY OF PAUvl BEACJ I )
On this::,O\\r! day of J~tb006, persomlly appeared before me, an officer duly authorized
to administer oaths and take ackno,vledgmems, James Comparato, who, after being duly sworn,
deposes and says:
1. Affiant, James Comparato, an individual, is the IvIanager of \VR 2, liC, a Florida limited
liabihty company (herein, the" Company''):
2. 11e Company is the ovmer of the foUo\\~ng described propeny, to Vv~t:
Fropen)' Control Number: 08434520290190030
3. Affiant, James Comparato, hereby represems that he has full authority to execute aU
documents and instruments on behalf of the Company, relating to the Petition before
the City Commission of the City of Boynton Beach. Florida, to enact an ordinance to
estabhsh the Boyllton Village Communit\' Development District (the "Proposed (J)D").
4. 1be Propeny represents a ponion of the real propeny to be included in the Proposed
CDD.
5. Affiant, James Comparato, on behalf at the Company, as the sole owner of the Property
in the capacity described above, hereby consents to the establishment of the Proposed
(nD.
.//
/'/C:~-<-?/1///// /~~--'
.. /'//::~X/~' 7~~
/ >./>,~.>~./.:/~.:v~~~:;;/~/
/' ,"0./-;::: x /h ,%/./!../(J!,/J 4- / /
J,,'a,;m (3$ COn)pa1~~(V /' " ,. .' /:</?>;~-'L
~ ./ ..--;--- / ., .7
,. L~' /11(a';t ./
Subscribed and sworn to before me ~his ~ C . day o(AprrlV2006, by James C...omparato,
the :Manager of \X1R 2, LLC a Florida limitep ~bility company, who personally appeared before me,
[ 1'.-( is personally kno\vn to me or [ J produced.~_._____. as
identification.
FUR1HER AFFIANT SA YEIH NOT.
....'!/.t..". ClAUDETTE DIAMOND
~:~";f.""!'.V\ MY COMMISSION # DD 224139
~:. g EXPIRES: June 19, 2007
"'1. .,:.,. ,,- Bonded ThN Nolary PubrlC UnderwtilalS
, t),'" .
NOlalY()t^,?La;i~\~ -. '~n='~.=C)
Prim N~ _C/ Jj- U Cf e.' e.. ~' ;,1 ,," c; J'~' /
Notary Pu~li~, State ~f Flor~ ,
My Cornnllsslon ExpIres: ~ffl.--)-'L- I C). cJ c c:1r
[NOTARIAL SEAL J
r\1ili"n. E.\hit>il ~c
EXHIBIT 3D
.-- ---------------------------
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF
BOYNTON VILL\GE COMMUNITY DEVELOPMENT DIS'fRICT
STATE ()I' FU}!\f[)\
ss
(:ClllNT'y' OF P:\L:'>J BF:\CII
5-1
On this -1',:-"---- day of May 2006, personally appeared before me, an offlCel lhllv :1l1IhorI7('d
to adrninister oaths and take acknowledgments,Sc.-;t J::~Js~_, \\'ho, aftn being dlllv s\\'orn, dcpo~cs
and says:
1. Affiant,~k_~~, an mdividual, IS the llIkR~r~.e...-tof Target (()rporatloll [n(
Tv1innesota corporation (herem, the "COlporation"):
.l
2. The CorporatIon IS the (w:ner of tl1e following de~cribed properlY, to \\11 .
Property Control Number: 084::)45202()0030()::)O
3, Affiant,~tj\\i'I'ti~ hereby represents that he has full authority to (');ec111(' ,dl
documents and instruments 011 behalf of the Corporation, relating tl) the PetitlOll heft)j'('
the City CommIssion of the Clty of Boynton Beach, Florida, to enact :m (>1dtn:lllCC I'!
establish the Boynton Village Community Development DistrJct (the "Propu~ed (:I )1)":
4. The Propertv represents a portion of the real propert\' to be 111c1uded 111 the Proposed
CDD.
5. Affiant,&f)rt--Nf/~l>~ on behalf of the Corporation, as the sole owner of the Propenv 111
the capacity described above, hereby consents 10 the establishment of the Proposed
CDD.
FURTHER, AFFIANT SA YETH NOT
\J;e.t
~~;""''>it~~."
Wee Pr:asidtCJ6'j({
ra3:~ COiTV',,"vrervj)Y'
Sf- "ur">>"'U ..
. Subscnbed and sworn to before me this J___ __ _ day of I'vIay, 2006, hy -.JC'o-1_ L. .J.s~, the
p'f eSI &e tl +-../'nf Target C0111oration, Inc., a Minnesota corporatlOn, who personally appc;11 ed before
me, rvYis personally known to me or [ ] produced as
identification.
CAROL E. DRAKE
NOTARY PU8UC . MINNESOTA
MY COMMISSION
EXPiRES JAN. 31, 2010
Notarv: ___ W c ~___
Print Name: --zJ;r-o { E. ()ra. k
Notary Publi~ St~te of _M.' ~-~e's u:j.-:;.,u
tvIy Commission Expires: 1/:3/ !dOI 0___
INOTARIAL SEAL]
~~0"l'--rf~4q-.JI~-;"'~~~~ _"'/.,
l'cliLi(m Fx.hibilJIJ
EXHIBIT 3E
AFFIDAVIT OF O\VNERSHIP AND CONSENT
TOTHE CREATION OF
BOYNTON VILLAGE COMMUNITY DE Vl~LOPMENT DISTRICT
STAn: OF FLORIDA )
) SS
COUNfY OF PJ\LJ\l BEi\OI )
On this_.3 (J1tt eLlY Of[\:S\~J2~06, personalh' appeared before me, an officer duly allthOlized
to administer oaths and take acknowledgments, James Comparato, who, after being duly sworn,
deposes and says:
1. Affiant, James Comparaw, all individual, is the Manager of \Xi1\. 1, LLC a Florida limited
liabiEty company (herein, the "Company");
2. The Company is the contract purchaser of the following described properTY, to ",it:
Property Control Numbers: 08434520290190040 and 08434520290190050
3. Affiant, James Comparato, hereby represents that he has full autholity to execute all
documents and instmments on behalf of the Company, rebting to the Petition before
the City Cornrrussion of the City of BO}11ton Beach, Florida, to enact an ordinance to
establish the BoYTIton Village Comnnmit} Development District (the "Proposed mD')
4. 111e Property represents a portion of the real property to be included in the Proposed
mD.
5. Affiant, James Comparato, on behalf of the Company, as the contract purchaser of the
Property in the capacity described above, hereby C;~lJlsents to the establishment of the
Proposed mD. .
~ ~~~
,<:/~;~;;;;:;:'{i~~~?<:::<.it;/
//~>~ <W;;y/ .. / ~;;::;;J:'~.'/ / _/ ." . /(
/ Ja. g'(--Dmp~ to. . .>::?;wr/:rp? ~
. .7 . ~ (~~~ ~/
Subscnbed and Sworn to before me t s -=:>0, day of iWffi.; 2006, by James Comparato, the
1v1anager of \X1R 1, LLC, a Florida limited . ,ility sampany, who personalJy appeared before me, [ ]
is personally known to me or [ piodyeed ____________ ____________ as
identification. · /
FUKIBER, AFFIANT' SA YEl1-1 NOT
- -
,"'~-:;''!:~'''''~. CLAUDEITE DIAMOND I
f/!'A ~;~ MY COMMISSION 1/ DD 224139 ~
~~':.ti EXPIRES: June 19, 2007
~Ri:,n.~" Donded ThIll NoIaIy PIbic l/nde!Wnler.;
C .--'-~ c--~-----------
. C'--'-. ~ ~
I - 1 -", r, ,
Notary -1 C0___c:~,-t~,_ ( U---t:-yy~'r),--,~
Print Name:-c=J/4-L1 d *' Wt \~ _ --.L' 4. ('':- C ,J /-'
NotdlY Public, State of FlOJ;i; / ,
My G)mmiss ;on Expi,"" '~t L:0- ,--'- ') , ,) C "-)
[NOTARIAL SEAL]
rl1i-rillJ). txhitlil :tE
EXHIBIT 4A
- ----~._- ---...-
ESTI1\1ATED INFRASTRUCTURE CONSTRUCTION TIME TABLE
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
IMPROVE1\1ENT
STAR'LDAJ'E i:=OMPLETF: Db. TE
SURFACE WATER I\L\Nf\GEIvtENT
INCLUDING REL\TED EARTHWORK
FI7.BRUARY 2006 ['vIA Y 20m
WATER AND W;\S1EWATER SYSTEM
1\;1 A Y 2006 J liNE 2007
ROADS, PAVING & STREET LIGHTING
JUNE 2006 ,\UGUST 2007
OFF-SITE IMPROVEI\IFNTS
SEPTEMBER 2006 !)E<:EMBER 2006
PClilion - Exhibit 4A
EXHIBIT 4B
CONSTRUCTION COSTS ESTIMATES
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
IMPROVEMENT
COST
SURFACE WATER l\iANAGEl\IENT
INCLUDING RELATED EARTHWORK
$3,655,000
WA TER AND \XI ASTEWA TER SYSTElvl
$4,226,000
ROADS, PAVING & STREET LIGHTING
$5,165,000
OFF-SITE HvlPROVEMENTS
$2,230,000
TOTAL ESTIMATED PROJECT COSTS
$15,276,000
SOFT COSTS (ENGINEERING, SURVEY, ETC)
$ J,U67,000
CONTINGENCY@ 10%
$J,528,000
LAND ACQUISITION
$3,500,000
TOTAL ESTIMATED PROJECT COSTS
$21,371,000
Petition - Exhibil 48
EXHIBIT S
FUTURE LAND USE MAP
BOYNTON VILLAGE COMl\IUNITY DEVELOPMENT DISTRICT
Pctilion.- Exhibit 5-
,-
I
I
LOW DENSITY RESIDENTIAL (lJ)R) ....,....U D.U.JAcre
MOPEMTE DENafTY RE.sIDENllAl (MOOR) Max. 7.2& D.U.iAc;
MEDIUM DENSITY RESIDENTIAL (WIEDR) IilalL .""B D.UJA-ue
HIOIt' DE:NSITY RE"II)(NI'1AL 'HD~ M-.. 10.8 D..u.JA(;.~
SPECIAL HIGH DEN5fTY RlEStMNTIAI. (SH'DR)
OFn~ COalllltERClAL (OC)
LOCAl.. RnA.tL COMMEROAL (LRC)
DENERAL COMMERCIAL (Bt:)
RECREATIONAL {R)
PUm...IC & .....VATE BOVERHMENTAl../JNS'lJTUJtONAl ('"POI)
MIXED USI: CORE '"XC)
MIXED u:s.E SUBURBAN (MXS)
~=11 ~r
I: I
,; I
I".~ l~.-+ 1.....
!: ;
TH~ w-
~
!=~-! ~[~?\~T~!
\ ' I / '''' \ ~
~.. ~ W~J}~"z
>_...1_1---, ! 1/ ,'I
,--I :~m----i ct-L_j
'[ ~-, -t-~ 'I F: \\ ;
" ....~ U~__'" .
1~~-1 ~~~-"i ~~J-~:<~
I --,---1 '/ I
1- '-----1 l- - f- !
II=--' \'6f"_~ ~-- ~- ~
A '
I ~--J (l- r" '
I j __L_ ""J
I )-----> I 1
. ,nl[ll]I~L~UJ
I _/;lft! : I : ~
I .!II '--- ~ORAl.-C I I )'-
j--lfr ....~.. T r-_T~:
L~'f! i ' I ! i / \ \\
f--J / r--r----r--\ ))?:
\ \ ll----------- -~\
\0-TI.--.-'-17~\
,L_L --'___ __1------
FLUM - EXHIBIT 5
EXHIBIT 6
STATEMENT OF ESTIMATED REGULATORY COSTS
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
Petition - Exhibit 6
EXHIBIT 6
BOYNTON VILLAGE
COMMUNITY DEVELOPMENT DISTRICT
Statement
of
Estimated Regulatory Costs
June 2006
Wrathell, Hart7 Hunt and Assodates7 LLC
Bld1dJrtg clleJtl reIatiorubiJn _ sUp 1ft ,. time...
Provided by
Wrathell, Hart, Hunt and Associates, LLC
1200 N.W. 17th Avenue, Suite 13
Delray Beach, Florida 33445
Telephone: (561) 276-0889
Facsimile: (561) 276-3780
Website: www.whhassociates.com
Petition ~ Exlubit 6
STATEMENT OF ESTIMATED REG1JLATORY COSTS
1.0 Introduction
1.1 Purpose and Scope
This Statement of Estimated Regulatory Costs ("SERe") supports the pet1tlOn to establish the
Boynton Village Community Development District ("District"). The proposed District will
comprise approximately 101.184 acres of land located in the City of Boynton Beach, Florida (the
"City") and is projected to contain approximately 1,120 residential units and 409,000 square feet of
retail/ office uses. 'Ibe limitations on the scope of this SERC are explicitly set out in Section
190.002(2)(d), Florida Statutes ("F.S.") (governing District establishment) as follows:
"That the process (?f establishing such a district pursuant to uniform general law
shall be fair and based onlv on factors material to managing and financing the
service deliverv function of the district. so that anv matter concerning permitting
or planning of the development is not material or relevant (emphasis added)."
1.2 Overview of Boynton Village Community Development District
Ibe District is designed to provide district infrastructure, services, and facilities along with their
operations and maintenance to a master planned residential development containing a currently
planned 458 townhouse and 662 condom.inium dwelling units as well as 399,000 square feet of retail
and 10,000 square feet of office uses within the boundaries of the District.
A Community Development District ("CDD") is an independent unit of special purpose local
government authorized by Chapter 190, F.S., to phn, finance, construct, operate and maintain
community-wide infrastructure in large, planned community developments. CDDs provide a
"solution to the state's planning, management and financing needs for delivery of capital
infrastructure to service projected growth without overburdening other governments and their
taxpayers." Section 190.002(1)(a), F.S.
A CDD is not a substitute for the local, general purpose government unit, i.e., the City or County in
which the CDD lies. A CDD does not have the permitting, zoning or police possessed by general
purpose governments. A CDD is an alternative means of financing, construction, operating and
maintaining community infrastructure for developments, such as Boynton Village.
Petition- Exhihit6
1.3 Requirements for Statement of Estimated Regulatory Costs
Section 120.541 (2), F.S. (2005), defines the elements a statement of estimated regulatory costs must
cOtHam:
(a) A good faith estimate of the number of individuals and entities likely to be required to comply
with the rule, together with a general description of the types of individuals likely to be affected by
the rule.
(b) A good faith estimate of the cost to the agency, and to any other state and local government
entities, of :implementing and enforcing the proposed rule, and any anticipated effect on state and
local revenues.
(c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities,
including local governmental entities, required to comply with the requirements of the ordinance. As
used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon
stanchud business practices, and include filing fees, the cost of obtaining a license, the cost of
equipment required to be installed or used or procedures required to be employed in complying with
the rule, adclitional operating costs incurred, and the cost of monitoring and reporting.
(d) An analysis of the :impact on small businesses as defined by Section 288.703, F.S., and an analysis
of the impact on small counties and small cities as defined by Section 120.52, F.S. The City of
Boynton Beach is not defined as a small City for purposes of this requirement.
(e) Any additional information that the agency determines may be useful.
Cf) In the statement or revised statement, whichever applies, a description of any good faith written
proposal submitted under Section 120.541, F.S.(l)(a) and either a statement adopting the alternative
or a statement of the reasons for rejecting the alternative in favor of the proposed ordinance.
"Note: the references to "rule" in the statutory requirements for the Statement of Estimated
Reguhtory Costs also apply to an "ordinance" under section 190.005(2)(a), F.S."
2.0 A good faith estimate of the number of individuals and entities likely to be required
to comply with the ordinance, together with a general description of the types of individuals
likely to be affected by the ordinance.
The District serves hnd that comprises an approximately 101.184 - acre master phnned mixed use
development currently phnned to contain 1,120 residential dwelling units and 409,000 square feet of
retail/ office uses. The estimated population of the residential portion of the District is 3,500 + /_.
The District will also include a number of non-residential hndowners, whose number is expected
not to exceed 100.
2
Petition - Exhibit 6
3.0 A good faith estimate of the cost to the agency, and to any other state and local
goverrunent entities, of implementing and enforcing the proposed ordinance, and any
anticipated effect on state or local revenues.
There is no state agency promulgating any rule relating to this project and there ]s no anticipated
effect of the ordinance establishing tlle District on state or local revenues.
3.1 Costs to Goverrunental Agencies of Implementing and Enforcing Ordinance
Because the results of adopting the ordinance is the establishment of an independent local special
purpose government, there will be no enforcing responsibilities of any other government entity, but
there will be various implementing responsibilities which are identified with their costs herein.
State Governmental Entities
'There will be only modest costs to various State governmental entities to implement and enforce the
proposed establishment of the District. 'The District as established on the proposed land, will
encompass under 1,000 acres, therefore, the City of Boynton Beach is the establishing entity under
190.005(2), F.S. 'The modest costs to various State entities to implement and enforce the proposed
ordinance relate strictly to the receipt and processing of various reports that the District is required
to file with the State and its various entities. Appendix A lists the reporting requirements. Tl1e costs
to those State agencies that will receive and process the District's reports are very small, because the
District is only one of many governmental units that arc required to submit the various reports.
'Therefore, the marginal cost of processing one additional set of reports is inconsequential.
Additionally, pursuant to section 189.412, F.S., the District must pay an annual fee to the State of
Florida Department of Community Affairs which offsets such costs.
City of Boynton Beach. Florida
1be proposed land for the District is located within the City of Boynton Beach, Florida and consists
of less than 1,000 acres. The City and its staff may process, analyze, conduct a public hearing, and
vote upon the petition to establish the District. These activities will absorb some resources,
however, these costs incurred by the City will be modest for a number of reasons. First, review of
the petition to establish the District does not include analysis of the project itself. Second, the
petition itself provides much of the information needed for a staff review. Third, the City already
possesses the staff needed to conduct the review without the need for new staff. Fourth, there is no
capital required to review the petition. Fifth, the potential costs are offset by the required filing fee
of $15,000 included with the petition to offset any expenses the City may incur in the processing of
this petition. Finally, the City routinely processes similar petitions though for entirely different
subjects, for land uses and zoning changes that are far more complex than is the petition to establish
a community development district.
The annual costs to the City of Boynton Beach, because of the establishment of the District, arc also
very small. The District is an independent unit of local government. The only annual costs the City
faces are the minimal costs of receiving and reviewing the various reports that the District is
required to provide to the City, or any monitoring expenses the City may incur if it establishes a
monitoring program for this District.
3
Petition. Exhibit 6
3.2 Impact on State and Local Revenues
Adoption of the proposed ordinance will have no negative impact on state or local revenues. The
District is an independent unit of local government. It is designed to provide infrastructure facilities
and services to serve the development project and it has its own sources of revenue. No state or
local subsidies are required or expected.
In this regard it is important to note that any debt obligations incurred by the District to construct
its infrastructure, or for any other reason, are not debts of the State of Florida or any other of local
government. In accordance ,vith State law, debts of the District are strictly its own responsibility.
4.0 A good faith estimate of the transactional costs likely to be incurred by individuals
and entities required to comply with the requirements of the ordinance.
Table 1 provides an outline of the various facilities and services the proposed District may provide.
Financing for these facilities is projected to be provided by the District.
The petitioner has estimated the costs for providing the capital facilities outlined in Table 1. The
cost estimates are shown in Table 2. Total costs for those facilities, which may be provided, are
estimated to be approximately $17,871,000. The District may levy non-ad valorem special
assessment (by a variety of names) and may issue special assessment bonds to fund the costs of
these facilities. These bonds would be repaid through non-ad valorem special assessments levied on
all properties in the District that may benefit from the District's infrastructure program as outlined
in Table 2.
Table 1
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
Proposed Facilities and Services
FACILITY FUNDED O&M OWNERSHIP
SURFACE WATER MANAGEMENT CDD CDD CDD
WATER AND WASTEWATER CDD CITY CITY
SYSTEM
ROADS, PAVING & STREET CDD CDD CDD
LIGHTING
OFF-SITE IMPROVEMENTS CDD CDD CDD
Prospective future landowners in the Development may be required to pay non-ad valorem special
assessments levied by the District to provide for facilities and secure any debt incurred through
bond issuance. In addition to the levy of non-ad valorem special assessments which may be used for
4
Petition - Exhibit 6
debt service, the District m3Y 31so levy a non-ad v310rem assessment to fund the operations and
maintenance of the District and its facilities and services. Hrnvever, locating in the District by new
- .
residents is completely voluntary and levy of such assessments, as well as the prospect of such
assessments, arc noticed and disclosed fully. So, ultim3tely, 3U owners and users of the affected
property choose to accept the non-ad valorem assessments as a tradeoff for the services and
facilities that the District will provide. ]n addition, state law re(Juites aU assessments levied by the
District to be disclosed by the seller to all prospective purchasers of property \vithin the District.
Table 2
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT
Estimated Costs of Construction
CATEGORY
COST
SURFr\CE WATER MANAGEMENT
INCLUDING RELi\ TED EARTHWORK
WATER AND W A STEW A TER SYSTEM
ROADS, PAVING & STREET LIGHTING
OFF-SITE IMPROVEMENTS
$3,655,000
$4,226,000
$5,165,000
$2,230,000
SOFT COSTS (ENGINEERING, SURVJ:':Y, ETC)
CONTINGENCY @ 10%
LAND ACQUISITION
$1,067,000
$1,528,000
$3,500,000
TOTAL ESTIMATED PROJECT COSTS
$21,371,000
A CDD provides the property owners with an alternative mechanism of providing public services,
however, special assessments and other impositions levied by the District and collected by law
represent the transactional costs incurred by hndowners as a result of the establishment of the
District. Such transactional costs should be considered in terms of costs likely to be incurred under
alternative public and private mechanisms of service provision, such as other independent special
districts, City or its dependent districts, or City management but financing with municipal service
benefit units and municipal service taxing units which are not districts, or private entities, all of
which can be grouped into three major categories: public district, public other, and private.
With regards to costs of public district mechanism of public services delivery to the developments
,vithin the proposed area, dependent and other independent special districts can be used to manage
the provision of infrastructure and services, however, they are limited in the types of services they
can provide, and likely it would be necessary to employ more than one district to provide all services
needed by the development.
Other public entities, such as counties, are also capable of providing services, however, their costs in
connection with the new services and infrastructure required by the new development, transaction
5
Petition - .Exhibi.t 6
costs, would be borne by all taxpayers, unduly burdening existing taxpayers and would also be
inconsistent with the State's policy of "grO\vth paying for growth".
Lastly, services and improvements could be provided by private entities. However, their interests are
primarily short-term profits and there is no public accountability. The marginal benefits of tax-
exempt financing utilizing CDDs would cause the CDD to utilize its lower transactional costs to
enhance the quality of infrastructure and services.
In considering transactional costs of CDDs, it shall be noted that occupants of the lands to be
included within the District will receive three major classes of benefits.
First, those residents in the District will receive a higher level of public. services which ill most
instances will be sustained over longer periods of time than would otherwisebe the case.
Second, a CDD is a mechanism for assuring that the community services will be completed
concurrently with development of lands within the Development. 1bis satisfies the revised growth
management legislation, and it assures that growth pays for itself without undue burden on other
consumers. Establishment of the District will ensure that these landowners pay for the provision of
facilities, services and improvements to these lands.
Third, a CDD is the sole fonn of local governance which is specifically established to provide
District landowners with planning, construction, implementation and short and long-term
maintenance of community infrastructure at sustained levels of service.
The cost impact on the ultimate landowners in the Development is not the total cost for the District
to provide infrastructure services and facilities. Instead, it is the incremental costs above, if
applicable, what the landowners would have paid to install infrastructure via an alternative financing
mechanism.
Consequently, a Community Development District provides property owners with the option of
having higher levels of facilities and services financed through self-imposed revenue. The District is
an alternative means to manage necessary development infrastructure and services with related
financing powers. District management is no more expensive, and often less expensive, than the
alternatives of various public and private source.
5.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S.,
and an analysis of the impact on small counties and small cities as defined by Section
120.52, F.S.
There will be little impact on small businesses because of the establishment of the District. If
anything, the impact may be positive. This is because the District must competitively bid all of its
contracts and competitively negotiate all of its contracts with consultants. This affords small
businesses the opportunity to bid on District work.
The City of Boynton Beach has a population of 60,389 according to the Census 2000 conducted by
the United States Census Bureau and is therefore not defined as a "small" city according to Section
120.52, F.S.
6
Petition - Exhibit 6
6.0 Any additional useful information.
The analysis provided above is based on a straightforward application of economic theory, especially
as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the
Petitioner's Engineer and other professionals associated "\,rith the Petitioner.
In relation to the (~uestion of whether the proposed Boynton Village Community Development
District is the best possible alternative to provide community facilities and services to the project,
there are several additional factors which bear import~nce. As an alternative to the independent
CDD, the City of Boynton Beach could establish a dependent Special District for the area or
establish an MSBU or MSTU. Either of these altematives could finance the improvements
contemplated in Tables 1 and 2 in a fashion similar to the proposed District.
There are a number of reasons why a dependent Specilll District is not tl1e best alternative for
providing community facilities and services to the Boynton Village Community. First, unlike a CDD,
this alternative would require the City of Boynton Beach to administer the project and its facilities
and services. As a result, the costs for these services and facilities would not be directly and wholly
attributed to the land directly benefiting from them, as the case would be with a CDD.
Administering a project of the size and complexity of the development program anticipated for the
Boynton Village Community is a significant and expensive undertaking.
Second, a CDD is preferable from a government accountability perspective. \vith a CDD, residents
and landowners in the District would have a focused unit of government ultimately under their
direct controL '111e CDD can tl1en be more responsive to resident needs without disrupting other
City responsibilities. By contrast, if the City of Boynton Beach were to establish a dependent Special
District, then the residents and landowners of the Boynton Village Community would take their
grievances and desires to the City Commission meetings.
Third, any debt of an independent CDD is strictly that District's responsibility. Wnile it may be
technically true that the debt of a City-established, dependent Special District is not strictly the City's
responsibility, any financial problems that a dependant Specilll District may have may reflect on the
City. This will not be the case if a Community Development District is established.
Another alternative to a CDD would be for a Property Owners' Association (POA) to provide the
infrastructure as well as operations and maintenance of community facili.ties and services. A CDD is
superior to a POA for a variety of reasons. First, unlike a POA, a CDD can obtain low cost funds
from the municipal capital markets. Second, as a government entity a CDD can impose and collect
its assessments along with other property taxes on the County real estate tax bill. Therefore, the
District is far more assured of obtaining its needed funds than is a POA. Third, the proposed
District is a unit of local government. This provides a higher level of transparency, oversight and
accoun ta bility.
7
Petition - hhibit 6
7.0 A description of any good faith written proposal submitted under Section 120.541 (1)
(a), F.S. and either a statement adopting the alternative or a statement of the reasons for
rejecting the alternative in favor of the proposed ordinance.
No written proposal, statement adopting an alternative or statement of the reasons for rejecting an
alternative have been submitted.
Based upon the information provided herein, this Statement of Estimated Regulatory Costs
supports tbe petition to establish the Boynton Village Community Development District.
8
Petition-E.Wbit6
APPENDIX A
LIST OF REPORTING REQUIREMENTS
FL. STATUE
REPORT CITATION DATE
--=---- -" _,_~--,--------'-'-----'----"-- --------,------ - ---_._-_._---~
Annual
Financial
Audit 190.008/218.39 12 months after end of Fiscal Year
-----
------.. --
Annual
Financial
Report 190.008/218.32 12 months after end of Fiscal Year
.'-------
-~-_.~---~--~._~- ----
TRJM
Compliance no later than 30 days following the adoption of the property tax
Report 200.068 levy ordinance/resolution (if levying property taxes)
---"-~--------
-~-_.- -----~~.-
Form 1 - within 30 days of acceptillg the appomtment, then every year
Statement thereafter by 7/1 (by "local officers" appointed to special district's
of Financial board); during the qualifying period, then every year thereafter by
Interest 112.3145 ZLljl~y_~'I_ocal officers" elected to special district's board)
----
--'-'-----'-- --
Public \vithin one year of special district's creation; then annual notice of
Facilities any changes; and updated report every 5 years, 12 months prior to
Report 189.415 ~~!:>mission of local government's evaluation and appraisal report___
-------
Public
Meetings
Schedule 189.417 quarterly, semiannually, or annually
.-~---
"-
Bond
Report 218.38 when issued; 'within 120 days after delivery of bonds
"--
Registered
~~ent 189.416 within 30 days after first meeting of governing board
--
- ---.
Proposed
Budget 1 89.418 prior to end of current fiscal year
-_._~-~---~--"----
--~-
Public
Depositor
Report 280.17 annually by 11/30
9
Petition - Exhibil 6
~\1"YOk
.o,~ 7~
~v ~
1"0 N 'V
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
ITEM 0.1
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Date~ in to City Clerk's Office Meeting Dates
0 April 4, 2006 March 20, 2006 (Noon) 0 June 6, 2006
0 April] 8, 2006 April 3, 2006 (Noon) 0 June 20. 2006
0 May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006
0 May 16,2006 May 1,2006 (Noon) [8] July 18, 2006
Date Final Form Must be Turned
in to City Clerk's Office
May 15, 2006 (Noon)
June 5, 2006 (Noon)
June ]9,2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF [8] 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
,,)
!"'.__J
-'-,'.
--- '.---0
RECOMMENDATION: To approve a Preliminary Rate Resolution No. 06-_for the Fire Assessment
EXPLANATION: The staff has analyzed the projected revenue needs for the Fire Assessment for FY 2006-07. The
City's Consultant prepared an analysis of housing counts and has recommended that the City stay at the 2005-06
levels so as to not increase the rate for single-family and commercial properties. The methodology for assessment of
non-residential is the same as the 2005-06 rate system (tiered rate system). Once the City Commission has adopted a
preliminary rate resolution, the notices to property owners will be sent out. A public hearing on the final 2006-07 Fire
Assessment rate will be conducted on Tuesday, September 12,2006. At that time the City Commission may elect to
affirm the 2006-07 Fire Assessment Rates or reduce them.
PROGRAM IMPACT: This is the legal requirement to establish the basis for the formal public hearing on September
12, 2006.
FISCAL IMPACT: The single-family residential rate stays at $70. The multi-family rate stays at $42. The
Commercial and Industrial rates at the same tiered rates as 2005-06. The retaining of the current rate structure is an
integral element in insuring adequate funding to continue with the Fire Rescue capital expansion program
AL TERNA TIVES: Capital construction funds for the construction of Fire station No.5 (which includes Fire
Administration headquarters, an emergency operations center, public safety communications & ITS servers) would
need to be obtained through borrowing.
h
Department Head's Signature
~".c.. e..~, c.ve...
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC '
TALLAHASSEE
Nabors
Giblin &
NickersonPA
TAMPA
Suite 200
1500 Mahan Drive
Tallahassee, Florida 32308
(850) 224-4070 Tel
(850) 224-4073 Fax
The Pointe, Suite 1060
2502 Rocky Point Drive
Tampa, Florida 33607
(813) 281-2222 Tel
(813) 281-0129 Fax
ATTORNEYS AT LAW
June 30, 2006
Via Electronic Mail
MEMORANDUM
TO:
Kurt Bressner, City Manager
Jim Cherof, City Attorney
Bill Bingham, Fire Chief
Bill Mummert, Finance Director
FROM:
Heather J. Encinosa
DATE:
June 30, 2006
RE:
Draft Fire Rescue Assessment Preliminary Rate Resolution
Enclosed please find the first working draft of the Preliminary Rate Resolution
(the "Resolution") for the City's annual Fire Rescue Assessment Program. We
understand that the City Commission is proposing to take action on the resolution on
Tuesday, July 18, 2006.
I look forward to receiving your comments and will provide you with a revised,
final resolution for the City Commission agenda package as soon as I have the City's
comments and/or revisions.
Very truly yours,
~R~
Crystalyn R. Carey
CRC:sib
Attachment
DRAFT #1: 06/30/06
C:'Documents and Settings\nessjCITY\Local Settings\Temporary Internet Files\OlK5WreliminaryRateResolutlon_draft1_06 30 06_doc
CITY OF BOYNTON BEACH, FLORIDA
PRELIMINARY RATE RESOLUTION
ADOPTED JULY 18, 2006
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
SECTION 9.
SECTION 10.
SECTION 11.
SECTION 12.
SECTION 13.
APPENDIX A:
APPENDIX B:
APPENDIX C:
DRAFT #1: 06/30/06
(\Documents and Settings\nessj CITY\Local Settings\T emporary Internet F iles\OlK5\PreliminaryRateResolulion_draft1__ 06 30 06 doc
TABLE OF CONTENTS
Page
AUTHORITY. .............. ....... .............................................. ........"...... 1
PURPOSE AND DEFINITIONS. ..................................................... 1
PROVISION AND FUNDING OF FIRE RESCUE SERVICES. ....... 2
IMPOSITION AND COMPUTATION OF FIRE RESCUE
ASSESSME NTS. ....................................................... .. . .. . . . .... . .. ... .. . 2
LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT
AND FAIR APPORTIONMENT. ...................................................... 2
COST APPORTIONMENT AND PARCEL APPORTIONMENT
METHODOLOGIES. .......................................................................3
DETERMINATION OF FIRE RESCUE ASSESSED COSTS;
ESTABLISHMENT OF ANNUAL FIRE RESCUE
ASSESSMENT RATES........ ........................ ................................... 3
AUTHORIZATION OF PUBLIC HEARING...................................... 5
NOTICE BY PUBLICATION............................................................ 5
NOTICE BY MAIL. ................................................................." "....... 6
APPLICATION OF ASSESSMENT PROCEEDS. ........................... 6
EFFE CTIVE DATE.......................................................................... 7
ESTIMATED FIRE RESCUE ASSESSMENT
RATE SCH EDU LE ........ .... ..... ......... . .. ... ... . .... .. ... .. .. . ... .... . .. .... " .... ..A-1
FORM OF NOTICE TO BE PUBLlSHED.....................................B-1
FORM OF NOTICE TO BE MAILED........................................... C-1
DRAFT #1: 06/30/06
C\Documents and SettingsVlessjCITY\local Settings\Temporary Internet Files\OlK5\PreliminaryRateResolutlon_draft1_06 30 06.doc
CITY OF BOYNTON BEACH, FLORIDA
RESOLUTION NO.
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, RELATING TO THE PROVISION OF FIRE
RESCUE SERVICES, FACILITIES AND PROGRAMS IN
THE CITY OF BOYNTON BEACH, FLORIDA;
ESTABLISHING THE ESTIMATED ASSESSMENT RATE
FOR FIRE RESCUE ASSESSMENTS FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2006; DIRECTING THE
PREPARATION OF AN ASSESSMENT ROLL;
AUTHORIZING A PUBLIC HEARING AND DIRECTING
THE PROVISION OF NOTICE THEREOF; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA:
SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions
of the Fire Rescue Assessment Ordinance (Ordinance No. 01-34), Amending Fire
Rescue Assessment Ordinance (Ordinance No. 01-56) (collectively referred to as lithe
Ordinance); the Initial Assessment Resolution (Resolution No. R01-217); the Final
Assessment Resolution (Resolution No. R01-249); sections 166.021 and 166.041,
Florida Statutes; and other applicable provisions of law.
SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes the
Preliminary Rate Resolution as defined in the Ordinance which initiates the annual
process for updating the Assessment Roll and directs the reimposition of Fire Rescue
Assessments for the Fiscal Year beginning October 1, 2006. All capitalized words and
terms not otherwise defined herein shall have the meanings set forth in the Ordinance,
the Initial Assessment Resolution and the Final Assessment Resolution. Unless the
1
DRAFT #1: 06/30/06
[\Documents and Settlngs\nessjCITY1local SeltlngsYT emporary Internet Flles\OLKS\PreliminaryRateResofullon.draW 06 30 06 doc
context indicates otherwise, words imparting the singular number, include the plural
number, and vice versa.
SECTION 3. PROVISION AND FUNDING OF FIRE RESCUE SERVICES.
(A) Upon the imposition of Fire Rescue Assessments for fire rescue services,
facilities, or programs against Assessed Property located within the City, the City shall
provide fire rescue services to such Assessed Property. A portion of the cost to provide
such fire rescue services, facilities, or programs shall be funded from proceeds of the
Fire Rescue Assessments. The remaining cost required to provide fire rescue services,
facilities, and programs shall be funded by legally available City revenues other than
Fire Rescue Assessment proceeds.
(B) It is hereby ascertained, determined, and declared that each parcel of
Assessed Property located within the City will be benefited by the City's provision of fire
rescue services, facilities, and programs in an amount not less than the Fire Rescue
Assessment imposed against such parcel, computed in the manner set forth in this
Preliminary Rate Resolution.
SECTION 4. IMPOSITION AND COMPUTATION OF FIRE RESCUE
ASSESSMENTS. Fire Rescue Assessments shall be imposed against all Tax Parcels
within the Property Use Categories. Fire Rescue Assessments shall be computed in
the manner set forth in this Preliminary Rate Resolution.
SECTION 5. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND
FAIR APPORTIONMENT. The legislative determinations of special benefit and fair
apportionment embodied in the Ordinance, the Initial Assessment Resolution, and the
Final Assessment Resolution are affirmed and incorporated herein by reference.
2
DRAFT #1: 06/30/06
C:\Documents and Sethngs\nessj.CITY\local Settings\Temporary Internet Files\OLK5\PreliminaryRateResoiution_draft1_06 30 06. doc
SECTION 6. COST APPORTIONMENT AND PARCEL APPORTIONMENT
METHODOLOGIES.
(A) Except as provided in, the Cost Apportionment and Parcel Apportionment
and the applicable explanatory appendices embodied and incorporated in the Initial
Assessment Resolution and the Final Assessment Resolution are affirmed and
incorporated herein by reference.
(B) Due to a scrivener's error, Appendix E, Section E-2(F), of the Initial
Assessment Resolution, as confirmed by the Final Assessment Resolution, is hereby
amended as follows:
(F) For each of the non-residential Property Use
Categories, multiply the resulting quotients from subsection
fAj ~ of this Section by each of the respective products in
subsections (C)(1) through (C)(9) of this Section. The
resulting products for each non-residential Property Use
Category expresses a series of gross dollar amounts
expected to be funded by all Buildings in the respective non-
residential Property Use Categories in each of the square
footage categories described in subsection (B) of this
Section.
[strikethrough indicates deletion; underline indicates additions.]
(C) Due to the addition of a new building use code assigned by the Property
Appraiser to Tax Parcels within the City, a new list of Improvement Codes is attached
hereto as Appendix D and incorporated herein by reference.
SECTION 7. DETERMINATION OF FIRE RESCUE ASSESSED COSTS;
ESTABLISHMENT OF ANNUAL FIRE RESCUE ASSESSMENT RATES.
(A) The Fire Rescue Assessed Costs to be assessed and apportioned among
benefited parcels pursuant to the Cost Apportionment and the Parcel Apportionment for
the Fiscal Year commencing October 1, 2006, is the amount determined in the
3
DRAFT #1: 06/30/06
C\Documenls and Sethngs\nessJ CITY\local Settings\lemporary Internet FI!es\OLK5\PrellmlnaryRateReso!utlo;)__draft1_06 30 06dcc
Estfmated Fire Rescue Assessment Rate Schedule, attached hereto as Appendix A
The approval of the Estimated Fire Rescue Assessment Rate Schedule by the adoption
of this Preliminary Rate Resolution determines the amount of the Fire Rescue Assessed
Costs. The remainder of such Fiscal Year budget for fire rescue services, facilities, and
programs shall be funded from available City revenue other than Fire Rescue
Assessment proceeds.
(B) The estimated Fire Rescue Assessments specified in the Estimated Fire
Rescue Assessment Rate Schedule are hereby established to fund the specified Fire
Rescue Assessed Costs determined to be assessed in the Fiscal Year commencing
October 1, 2006. No portion of such Fire Rescue Assessed Costs are attributable to
impact fee revenue that funds capital improvements necessitated by new growth or
development. Further, no portion of such Fire Rescue Assessed Costs are attributable
to the Emergency Medical Services Cost.
(C) The estimated Fire Rescue Assessments established in this Preliminary
Rate Resolution shall be the estimated assessment rates applied by the City Manager
in the preparation of the updated Assessment Roll for the Fiscal Year commencing
October 1, 2006 as provided in Section 8 of this Preliminary Rate Resolution.
SECTION 8. ANNUAL ASSESSMENT ROLL.
(A) The City Manager is hereby directed to prepare, or cause to be prepared,
an updated Assessment Roll for the Fiscal Year commencing October 1, 2006, in the
manner provided in the Ordinance. The updated Assessment Roll shall include all Tax
Parcels within the Property Use Categories. The City Manager shall apportion the
estimated Fire Rescue Assessed Cost to be recovered through Fire Rescue
4
DRAFT #1: 06/30/06
C\Documents and Settings\nessj CITY\local Settlngs\Temporary Internet Files\OlK5\PrellminaryRateResolutlon_draft1_06 30 06_doc
A.ssessments in the manner set forth in this Preliminary Rate Resolution. A copy of this
Preliminary Rate Resolution, the Ordinance, the Initial Assessment Resolution, the Final
Assessment Resolution, documentation related to the estimated amount of the Fire
Rescue Assessed Cost to be recovered through the imposition of Fire Rescue
Assessments, and the updated Assessment Roll shall be maintained on file in the office
of the City Clerk and open to public inspection. The foregoing shall not be construed to
require that the updated Assessment Roll proposed for the Fiscal Year beginning
October 1, 2006 be in printed form if the amount of the Fire Rescue Assessment for
each parcel of property can be determined by the use of a computer terminal available
to the public.
(B) It is hereby ascertained, determined, and declared that the method of
determining the Fire Rescue Assessments for fire rescue services as set forth in this
Preliminary Rate Resolution is a fair and reasonable method of apportioning the Fire
Rescue Assessed Cost among parcels of Assessed Property located within the City.
SECTION 9. AUTHORIZATION OF PUBLIC HEARING. There is hereby
established a public hearing to be held at 6:30 p.m. on September 13, 2006, in City
Commission Chambers of City Hall, 100 East Boynton Beach Boulevard, Boynton
Beach, Florida, at which time the City Commission will receive and consider any
comments on the Fire Rescue Assessments from the public and affected property
owners and consider imposing Fire Rescue Assessments for the Fiscal Year beginning
October 1,2006 and collecting such assessments on the same bill as ad valorem taxes.
SECTION 10.
NOTICE BY PUBLICATION. The City Manager shall
publish a notice of the public hearing authorized by Section 9 of this Preliminary Rate
5
DRAFT #1: 06/30/06
C \Documents and Settlngs\.fleSSj C fT'Y\l Deal Settlngs\Ternporary Internet Files\OI K5\PrelimlnaryHateHesolutlOn,.drat11__06 30 06 doc
Resolution in the manner and time provided in Section 2.04 of the Ordinance. The
notice shall be published no later than August 23, 2006, in substantially the form
attached hereto as Appendix B.
SECTION 11.
NOTICE BY MAIL.
(A) The City Manager shall provide notice by first class mail to the Owner of
each parcel of Assessed Property in the event circumstances described in Section
2.08(F) of the Ordinance so require. Such notice shall be in substantially the form
attached hereto as Appendix C. Such notices shall be mailed no later than August 23,
2006.
(B) In accordance with Section 2.05(B) of the Ordinance and pursuant to
Chapter 92-264, Laws of Florida, a special act relating to the Property Appraiser, the
City Commission shall provide additional notice of the Fire Rescue Assessment as part
of the notice of proposed property taxes under Section 200.069, Florida Statutes, the
truth-in-millage notification.
(C) If the City determines that the notice provided under paragraph (B) of this
Section 11 also fulfills the requirements of paragraph (A) of this Section 11, then the
separate mailing requirement described in paragraph (A) will be deemed to be fulfilled
by the notice described in paragraph (B).
SECTION 12.
APPLICATION OF ASSESSMENT PROCEEDS. Proceeds
derived by the City from the Fire Rescue Assessments shall be used for the provision of
fire rescue services, facilities, and programs. In the event there is any fund balance
remaining at the end of the Fiscal Year, such balance shall be carried forward and used
only to fund fire rescue services, facilities, and programs.
6
DRAFT #1: 06/30/06
C.\Documents and Settings\nessj.CITY\Local Seltrngs\Temporary Internet Files\OlK5\PreliminaryRateResolution_draft1_06 30 06.doc
SECTION 13.
EFFECTIVE DATE. This Preliminary Rate Resolution shall
take effect immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED THIS 18th day of July, 2006.
Jerry Taylor, Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
Janet Prainito, City Clerk
APPROVED AS TO FORM AND CORRECTNESS:
James A. Cheraf
City Attorney
7
DRAFT #1: 06/30/06
C:\Oocumcnts and Seltlngs\nessj C ITY\local Seltings\T ernrorary Inlf.'frlet r iles\OL K5\PrellrninaryRaleRe~olulion._ draft1_ 06 30 06 doc
APPENDIX A
ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE
DRAFT #1: 06/30/06
C:\Documents and Settings\nessj.CI1Y\tocal Settings\Temporary Internet Files\OLK5\PretimlnaryRateResolullOn_ draft1_ 06 30 06.doc
APPENDIX A
ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE
SECTION A-1.
DETERMINATION OF FIRE RESCUE ASSESSED COSTS.
The estimated Fire Rescue Assessed Costs to be assessed for the Fiscal Year
commencing October 1, 2006. is $2,842.317.00.
SECTION A-2.
ESTIMATED FIRE RESCUE ASSESSMENTS.
(A) The estimated Fire Rescue Assessments to be assessed and apportioned
among benefited parcels pursuant to the Cost Apportionment and Parcel Apportionment
to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year commencing
October 1, 2006, are hereby established as follows for the purpose of this Preliminary
Rate Resolution:
RESIDENTIAL
PROPERTY USE Rate Per
CATEGORIES Dwelling Unit
Single Family Residential $70
Multi-Family Residential $42
NON-RESIDENTIAL Building
PROPERTY USE Classification (in Industrial/ Nursing
CATEGORIES square foot ranges) Commercial Warehouse Institutional Homes
< 1,999 $ 126 $ 35 $ 198 $ 198
2,000 - 3,499 $ 252 $ 69 $ 396 $ 396
3,500 - 4,999 $ 441 $ 121 $ 693 $ 693
5,000 - 9,999 $ 629 $ 173 $ 990 $ 990
10,000 - 19.999 $ 1,259 $ 347 $ 1,980 $ 1,980
20,000 - 29,999 $ 2,518 $ 693 $ 3,960 $ 3,960
30,000 - 39.999 $ 3,777 $ 1,040 $ 5,940 $ 5,940
40,000 - 49,999 $ 5,036 $ 1,386 $ 7,921 $ 7,921
~ 50,000 $ 6,295 $ 1,733 $ 9,901 $ 9,901
A-1
DRAFT #1: 06/30/06
C:\Documents and Sethngs\nessj.clTY\local Settings\Temporary Internet Files\OlK5\PrellminaryRateResoluhon_ draf11_ 06 30 06 doc
(B) No Fire Rescue Assessment shall be imposed upon a parcel of
Government Property or upon Buildings located upon parcels of Institutional Property
whose Building use is wholly exempt from ad valorem taxation under Florida law
(C) Any shortfall in the expected Fire Rescue proceeds due to any reduction
or exemption from payment of the Fire Rescue Assessments required by law or
authorized by the Commission shall be supplemented by any legally available funds, or
combination of such funds, and shall not be paid for by proceeds or funds derived from
the Fire Rescue Assessments. In the event a court of competent jurisdiction determines
any exemption or reduction by the Commission is improper or otherwise adversely
affects the validity of the Fire Rescue Assessment imposed for this Fiscal Year, the sole
and exclusive remedy shall be the imposition of a Fire Rescue Assessment upon each
affected Tax Parcel in the amount of the Fire Rescue Assessment that would have been
otherwise imposed save for such reduction or exemption afforded to such Tax Parcel by
the Commission.
A-2
C:\Documents and Settings\nessj.CITY\local Settings\Temporary Internet Fj!es\OlK5\PreliminaryRaleResolution~draft1_06 30 06_doc
DRAFT #1: 06/30/06
APPENDIX B
FORM OF NOTICE TO BE PUBLISHED
DRAFT #1: 06/30/06
C:\Documents and Settings\nessj CIlY\Local Settings\Temporary Internet Files\OLK5\PreliminaryRafeResolution_draft1_ 06 30 06 doc
APPENDIX B
FORM OF NOTICE TO BE PUBLISHED
To Be Published No Later Than August 23, 2006
[INSERT MAP OF CITY]
NOTICE OF HEARING TO REIMPOSE AND
PROVIDE FOR COLLECTION OF FIRE RESCUE SPECIAL ASSESSMENTS
Notice is hereby given that the City Commission of the City of Boynton Beach will
conduct a public hearing to consider reimposing fire rescue special assessments for the
provision of fire rescue services within the City of Boynton Beach for the Fiscal Year
beginning October 1, 2006.
The hearing will be held at 6:30 p.m. on September 13, 2006, in the City
Commission Chambers of City Hall, 100 East Boynton Beach Boulevard, Boynton
Beach, Florida, for the purpose of receiving public comment on the proposed
assessments. All affected property owners have a right to appear at the hearing and to
file written objections with the City Commission within 20 days of this notice. If a person
decides to appeal any decision made by the City Commission with respect to any matter
considered at the hearing, such person will need a record of the proceedings and may
need to ensure that a verbatim record is made, including the testimony and evidence
upon which the appeal is to be made. In accordance with the Americans with
Disabilities Act, persons needing a special accommodation or an interpreter to
participate in this proceeding should contact Joyce Costello in the City Clerk's office at
(561 )742-6013 at least 3 days prior to the date of the hearing.
B-1
DRAFT #1: 06/30/06
CIDocuments and Settingslnessj CITYlLocal SelllngslTemporary Internet FllesIOLK5IPreliminaryRateResolullon_drafl1_06 30 06 doc
The assessment for each parcel of property will be based upon each parcel's
classification and the total number of billing units attributed to that parcel. The following
table reflects the proposed fire rescue assessment schedule.
RESIDENTIAL
PROPERTY USE Rate Per
CATEGORIES Dwelling Unit
Single Family Residential $70
Multi-Family Residential $42
NON-RESIDENTIAL Building
PROPERTY USE Classification (in Industriall Nursing
CATEGORIES square foot ranges) Commercial Warehouse Institutional Homes
< 1,999 $ 126 $ 35 $ 198 $ 198
2,000 - 3,499 $ 252 $ 69 $ 396 $ 396
3,500 - 4,999 $ 441 $ 121 $ 693 $ 693
5,000 - 9,999 $ 629 $ 173 $ 990 $ 990
10,000 - 19,999 $ 1,259 $ 347 $ 1,980 $ 1,980
20,000 - 29,999 $ 2,518 $ 693 $ 3,960 $ 3,960
30,000 - 39,999 $ 3,777 $ 1,040 $ 5,940 $ 5,940
40,000 - 49,999 $ 5,036 $ 1,386 $ 7,921 $ 7,921
~ 50,000 $ 6,295 $ 1,733 $ 9,901 $ 9,901
Copies of the Fire Rescue Assessment Ordinance (Ordinance No. 01-34),
Amending Ordinance No. 01-56, the Initial Assessment Resolution (Resolution No. R01-
217), the Final Assessment Resolution (Resolution No. R01-249), the Preliminary Rate
Resolution initiating the annual process of updating the Assessment Roll and
reimposing the Fire Rescue Assessments, and the updated Assessment Roll for the
upcoming fiscal year are available for inspection at the City Clerk's office in City Hall,
located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida.
The assessments will be collected on the ad valorem tax bill to be mailed in
November 2006, as authorized by section 197.3632, Florida Statutes. Failure to pay
the assessments will cause a tax certificate to be issued against the property which may
result in a loss of title.
B-2
DRAFT #1: 06/30106
C.\Documents and Seltings\nessj_CIl,{\Local Seltings\T emporary Internet Fites\OLK5\PrellminaryRateResolution_ draft 1_06 30 06 doc
If you have any questions, please contact the Finance Department at (561 )732-
6310, Monday through Friday between 9:00 a.m. and 5:00 p.m.
CITY CLERK
OF BOYNTON BEACH, FLORIDA
B-3
DRAFT #1: 06/30/06
C:\Documents and Settings\nessjCITY\local Set1ings\1emporary Internet Files\OlK5\PrehminaryRateResolution_draft1_06 30 06.doc
APPENDIX C
FORM OF NOTICE TO BE MAILED
C \Docurnents and SeUlngslness) CITY\Locat Setllngs\lernporary Internet FlleslOLK51PrehrninaryRateResoluhon dr3ft1~06 3D 06 doc
DRAFT #1: 06/30/06
APPENDIX C
FORM OF NOTICE TO BE MAILED
* * * * * NOTICE TO PROPERTY OWNER * * * * *
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida [zip code]
CITY OF BOYNTON BEACH, FLORIDA
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF FIRE RESCUE
NON-AD VALOREM ASSESSMENTS
NOTICE DATE: AUGUST 23, 2006
Owner Name
Address
City, State Zip
Tax Parcel #:
Legal Description:
Sequence.
As required by section 197.3632, Florida Statutes, and the direction of the City
Commission, notice is given by the City of Boynton Beach that an annual assessment for
fire rescue services using the tax bill collection method, may be levied on your property.
The use of an annual special assessment to fund fire rescue services benefiting
improved property located within the City of Boynton Beach in the past has proven to be
fair, efficient and effective. The total annual fire rescue assessment revenue to be
collected within the City of Boynton Beach is estimated to be $2,842,317.00 for fiscal
year October 1, 2006 _ September 30, 2007. The annual fire rescue assessment is
based on the classification of each parcel of property and number of billing units
contained therein plus any unpaid or delinquent assessments for Fire Rescue.
The above parcel is classified as
The total number and type of billing units on the above parcel is
The annual Fire Rescue Assessment for the above parcel is $ for fiscal
year 2006-07 and future fiscal years.
A public hearing will be held at 6:30 p.m. on September 13, 2006, in the City
Commission Chambers of City Hall, 100 East Boynton Beach Boulevard, Boynton
Beach, Florida for the purpose of receiving public comment on the proposed
assessments. You and all other affected property owners have a right to appear at the
hearing and to file written objections with the City Commission within 20 days of this
notice. If you decide to appeal any decision made by the City Commission with respect
C-1
DRAFT #1: 06/30/06
C :\Documents and Settings\nessj C ITY\L ocal Settings\T empor ary Internet Files\OlK5\PreliminaryRateResolution_ draft 1_ 06 30 06. doc
to any matter considered at the hearing, you will need a record of the proceedings and
may need to ensure that a verbatim record is made, including the testimony and
evidence upon which the appeal is to be made. In accordance with the Americans with
Disabilities Act, persons needing a special accommodation or an interpreter to
participate in this proceeding should contact Joyce Costello in the City Clerk's office at
(561)742-6013 at least 3 days prior to the date of the hearing.
Unless proper steps are initiated in a court of competent jurisdiction to secure relief
within 20 days from the date of City Commission action at the above hearing (including
the method of apportionment, the rate of assessment and the imposition of
assessments), such action shall be the final adjudication of the issues presented.
Copies of the Fire Rescue Assessment Ordinance (Ordinance No. 01-34), the Amending
Ordinance (Ordinance No. 01-56), the Initial Assessment Resolution (Resolution No.
R01-217), the Final Assessment Resolution (Resolution No. R01-249), the Preliminary
Rate Resolution initiating the annual process of updating the Assessment Roll and
reimposing the Fire Rescue Assessments, and the updated Assessment Roll for the
upcoming Fiscal Year are available for inspection at the City Clerk's office in City Hal/,
located at 100 East Beach Boulevard, Boynton Beach, Florida.
Both the fire rescue non-ad valorem assessment amount shown on this notice and the
ad valorem taxes for the above parcel will be collected on the ad valorem tax bill mailed
in November of each year that the assessment is imposed. Failure to pay the
assessments will cause a tax certificate to be issued against the property which may
result in a loss of title.
If there is a mistake on this notice, it will be corrected. If you have any questions
regarding your fire rescue assessment, please contact the Finance Department at
(561)732-6310, Monday through Friday between 9:00 a.m. and 5:00 p.m.
* * * * * THIS IS NOT A BILL * * * * *
C-2
~'1'Y Ok
v.' .~
/ .....\.
!. 1
, .. p=
t:,. . .----:-IU
0\ .....
J-', /<;,
tv~o r~ ~
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FO~
XIII-UNFINISHED BUSINESS
ITEM A.
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Fina] Form Must be Turned
in to City Clerk's Office
0 April 4, 2006
0 April ] 8, 2006
0 May 2, 2006
0 May 16, 2006
April 3,2006 (Noon)
o June 6, 2006
o June 20, 2006
o July 5, 2006
[8] July 18, 2006
May 15,2006 (Noon)
. March 20, 2006 (Noon.)
June 5, 2006 (Noon)
April ]7,2006 (Noon)
June 19,2006 (Noon)
May],2006 (Noon)
July 3, 2006 (Noon)
NA TURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
[8] Unfinished Business
o Presentation
RECOMMENDATION: Review City Commission policy on funding eligibility areas for Community Development Block
Grant Program.
EXPLANATION: Please find attached a summary of funding uses for the Community Development Block Grant
Program administered by the City of Boynton Beach. As an entitlement community, the City received Federal Community
Development Funds and distributes the funding to eligib]e activities. A portion of the funds (15%) are for eligible activities
under the category of public service programs. In past years, the funding has been recommended by a review committee and
approved by the City Commission. In the past, staff had monitored administrative expenses related to sub-grantee's funding
requests. This year staff reviewed the use of CDBG funds by sub-grantees for the staff costs of the sub-grantees. This
information is included on the summary of funding uses for the past five years. A question has been raised by at least one
member of the City Commission ifthe City should limit the use ofCDBG funds for outside organizations to program
activities and to not allow or limit the use ofCDBG funds for either administrative or personnel expenses of the sub-grantee.
PROGRAM IMP ACT: The grant cycle for the 2007-2008 CDBG program would need to be modified to provide specific
instructions to proposed sub-grantees on limitations on the use of CDBG funds from the City. The organizations competing
for funds would need to make an informed decision as to whether they desired to compete for CDBG funds from the City.
The City has the discretion to add conditions to the use of CDBG funds for sub-grantees.
FISCAL IMPACT: None
AL TERNA TIVES: I. Continue the current practice of allowing use of CDBG funds to sub-grantees for administrative.
2. Limit the use ofCDBG funds for administrative and personnel costs to no more than 25% of the ]ocal CDBG award
amount.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Re'.liew .Q!.<::.c>l1lfTllJnltLQ.~~lo~rnentBlo<:k Gr~.0!..lCQB5~).. SJ.lQ:~ant~~~greem~nts
Sub-Grantee 2003-04
-------.- "" -----"-"-------_.._-
Total
o~dl1linJs_tr_a.t:ive. ~o,ro_AdmiT1
Salaries
.r%salil..ry
,
J..________
Bo)'nton~~ac:!Jfaith-Bas.ed. <:Qc:
~orn rnu nit)'_Ci' ri nSLc:enter
Fair Hou~Ln.9~~.T1_~r______
Palrn Beach Resource Center
----- ----------
R.M. Lee CDC
._~-.1
, $
____ ti-
L
-~-
60JOOO.QQ.. i
_2.Q,Q().Cl:()Q 1 ~
m ...!'Q,OOQ.QO ~_
30,000.00 i $
- ~0,()oo.Q6.i ~..
i80;OOO~OQ] $.
_ti,&QO.O.Q..
610.00 i
, 6L3~4.00"
0%:
3.3 %;
6%1
-------!
0%1
11%
60, O()().()O i
l],,!QO.()()._
9,390.0Q.
0.00
,!9,l;38.0Q__
100%
67%
94%
0%
83%
Total
11.,,554.00
8%
11.2,428:00_
74%
SUjJ.::.Gi~nte~2002-03___ . ---i~.lotal Aci~inTst-rative . oloA.<!mjn~-=~~S~lari~s ..._ %2aI(jf"i..
Aid toVi<:!ims'of D_ome~!iC~buse-_---I$ _ 5,000.00 : $-OOZo:- - _51Q.()O'-6.6.r-- --iOO%
Boynton Beach Faith-Based CDc-i- $ __~_Q~[O.OO _~__i QOA 60 000 OOJ ----loooA;
CommittedCitizens Concerned/CMdren-T$ S,OOO.OO L -; ____Clj ,._1_:..__
r I -..',_"lOl,i;'o.t' .. --l,l.,_'47._05_".00,-.'-0000.~..:'.. ._"-..--.-.--_-7165....~%
COITl.ri1~~J!:y Caring CenteT _____~;-r- 15,000.00 . $ __L6~0.OOJ"': II '_ II
Fair HOu~!T1.~L<:;~I1.t~___n ... ______U_ ------10;000.00t $ 610.00 : 6% I . 9,328.00! 93%
I Have a Dream Foundation : $ 5,000.00 1 $- . i __~Qote>+_~-_s,ooQ:ool_ -lQQo;.,
palm Beach Resource f~T1t~~_____=:~_:.Ii=---~_______=-_2Q,000.oOIi-=4,.2Z~OO[ 2.!'\I0.+- m.Jl.001 Oo~
Palm Beach Resource Center II ' $ 30,000.00 : $ ! 0%, 0.00, 0%
R.M:- Lee C~------=-=-==--=-Lt_ -- --- l;QJOoo.QQ.TL1--00f0T-SO,208.0QT- - 84%
Vetsville Cease Fire : $ 7,500.001 $ . . - --- 0% ;--'7,500.00 100010
-------==--=~-= ---:::=--=~--- - --~==J --____---=:=~____ n-___~
Total
_____L_
~!?.1i5Q().()O
$
u6,485.QO
3%. .149,lfj6.00.
69%
~:b::;:~,:::,;<-~:-. J;@- u ~--~;-:ooo.. :dmi"i':;:i:-"~~tS"~,;'oooir;~~~:~
BO'jlllto n.!3e~I1_~i!tJ~~~~el ~DC _...l.J _25 ,QOO:()().n$.2~650. 001 4 %' _ 70~:[OO. ooL 94 %
Cq,l1lmunit'iCarin~<:'et1!e!___U _ __15,000.PQ: $_ 2L6j~9.9mL_ 18%i 11,400.00 76%
fi'ir Ho~lI1g Cent~_ _.__..._._ ___i_~ _ _____151.000.0Q..! $__610~()O~_ n4%L-~,:3.90.00. 63%
Healthy Mothers/HJ'!,althy !3abie~_.1..___nL200.0iq i_n 7,2.00.00 ~_ 100% 0.00' 0%
I Have a..Qr~a.f11JQunda!ion _ .....J ______Z1.5'O..Q.()Q-lL . ---00/;3;500.001- 47%
J!J.venil~ Transition <::enter:__ _ . IL------- !.,5,QOO.OO I i ____n_~' :::Qote>l_l~,ooo:OO1--__ ...1QOo/~
Palrn Beach Resourcec::en!~,"--_ LL_ . ~,5,()QO.()OLln 4,275.0Q! _u.. _E%] O'_~_ 0%
!'alm!!~a~ Jl,.esg.u!~..f.enter II. __L.1_ _ }_O,.QOo.OQ-L $ __ _ O%~_......Q.QQJ 0%
~~~:~I~e~~~:_~~ire_ n---==-~=f=:::-~==~~:~~~.~:~~T:- _;:~~~~~!j::=~~]1~~~-!~~~~t ~_ ~~~:
Total j_ _ 216L7..0.o_.()() j $ 2L86_5..0()! 10%: 131,060.00 60%
11 ,--- .. ._+n
------ ." - - -r---
""-..----------- - ___ .' _,__~_____M_..~_ ____----1_____
~drninistrati\le~)(Jl~Tls~_il1<:llJ.elE!.iteTTls listeel ilS. "adrninistrative~L~n.!.e!.c.
J\T1illysi_sf'repa;'edFy:::K~1't Bre~in~!._=:::j~-n
19-5ep-04 i
--U-pdated 06-2006 j .. .
-.---.-----...---....-------r-- .-
-----+----
n' ..----------t ..-.---------.-.~
___...J .
. --~--
.--).-
- ______ __ n____
--==--==-==::::::=====1==
Sub-Grantee 2005-06 Total
Aid to Victims of Domestic Abuse $
Boynton Beilch Faith-Based CDC $
Community Caring Center $
Fair~ Housing Center $
Palm Beach Resource Center $
R.M.~eCDC $
Total $
Sub-Grantee 2004-05 Total
Aiclto Victirns of [)omestil:_Abuse $
Boynton Bea<:I1J:aith-l3ased CDC $
CglTlrTltJnityc:arlng Center $
Fair Housin~Cel1!~1' $
Palm Bea~hResgurce Center $
R.M. Lee CDC$
Total $
Adrninistrative % Admin Salaries % Salary
20,OgO.00 $ 0% 20,000.00 ~ 100%
70,000.00 $ 0% 7 O&()().QO ~ 100%
5(j,()QO.0(j $14,557.00 29% 35,000.00 70%
l(),llQO.OO $610.00 6% 9,390.00 94%
2~,gOQ._OQ 0% 0.00' 0%
80JOOO.00 $17,200.00 22% 62,800.00 79%
2~5,000.00 $ 32,367.00 13% 197,190.00 77%
Adrninistrative % Admin Salaries ;0;0 Salary
15,(jOQ.i>_0 $ 0% 15,000.00 ' 100%
5_0, o O().g 0 $ 0% 50,000.001 100%
25,OQQ.QO j6,OQg.00 24% 19,OO_0.QQ; 76%
1<2,-000.120 $1,610.00 Hioio. 8J:390.OQ_ 84%
25,000.0() . $ 0%' 0.00 0%
50JQQO.00: $4,300.00 90/01 45,700.00 91%
I
'$ -.-.-
l}S,OOj),OO 11,910.00 7% 138,090.00 79%
ACTIVITIES TO BE UNDERTAKEN
Community Development Block Grant funds in the total amount of $541,341 will
be utilized in support of the City's commitment to community development.
These funds will compliment other resources received and utilized to address
identified needs. 2006/2007 Program year funds under the CDBG Program will
be utilized in support of the following activities and programs:
ADMINISTRATIVE - $108,268
Costs associated with the planning, administrating, and execution of the
Community Development Block Grant program.
AID TO VICTIMS OF DOMESTIC ABUSE. INC - $10,000
This activity provides a 24-hour crisis hotline for services, counseling, and case
management for adults, elder victims, and children who are victims of domestic
violence and abuse. A VDA provides a safe, confidential site, which is monitored
24 hours a day. Increased emphasis will be placed on children at schools located
within the target area.
THE COMMUNITY CARING CENTER OF BOYNTON BEACH - $32,500
Provide for partial administrative salaries, as the center assists with emergency
services to include food, shelter, and mortgage assistance, rent, utility bills,
medication and transportation for low and very low-income. Other services
include job counseling, job skills training, advocacy, and education.
CITY OF BOYNTON BEACH RECREATION DEPARTMENT - $11.800
To provide scholarships for low-income City of Boynton Beach residents for the
summer camp program. These residents must also provide documentation that
they meet the Palm Beach County School District eligibility requirement for free
or reduced lunches.
FAIR HOUSING CENTER OF THE GREATER PALM BEACHES - $5,000
Provide Fair Housing Initiatives designed to inform and educate the general
public, housing industry groups, media, and financial institutions of their
obligations concerning fair housing. They will monitor agencies for compliance
with fair housing laws, and instruct the public to identify incidents of housing
discrimination and inform victims seeking legal redress and relief. The goal is to
combat housing discrimination and insure compliance with local, state, and
federal fair housing laws.
C:\Documents and Settings\lejeunec\Local Settings\Temporary Internet Files\OLKBEO\ACTlVmES TO BE
UNDERTAKEN.doc
ACTIVITIES TO BE UNDERTAKEN
BOYNTON BEACH FAITH BASED
COMMUNITY DEVELOPMENT CORPORATION - $62,500
Special activities by a Community Based Development Organization designated to
carry out neighborhood revitalization and community economic development
programs. This organizations primary purpose is the improvement of the
physical, economic and social environment of its geographic area of operation,
and will be addressing one or more critical problems of the area, with particular
attention to the needs of persons of low and moderate-income. This activity will
include comprehensive Community Redevelopment of the MLK and Cherry Hills
community, and will include an Affordable Housing Development Initiative.
PALM BEACH COUNTY RESOURCE CENTER - $25,000
TECHNICAL ASSISTANCE/BUSINESS ENTERPRISE
Continue to provide technical assistance to upstart and existing businesses
located or wishing to locate to the Boynton Beach area. This assistance is in the
form of Minority/Women Business Enterprise certification, development of
business plans, loan packaging, and identifying various funding sources available
to start businesses, bond packaging, and incorporation service.
R. M. LEE COMMUNITY DEVELOPMENT CORPORATION - $72,000
The implementation of social economic activities, to include education and job
training of the elderly and low- income residents. This organization will also be
developing a major senior affordable rental housing project, providing 15 new
units.
OWNER-OCCUPIED HOUSING REHABILITATION
PROGRAM AND DELIVERY - $214,273
To provide housing rehabilitation assistance to approximately 20 owner-occupied
residential homes located within the COSG Target area. This will include the
administrative expenses associated with this activity with two full time positions.
All program participants will be income certified as eligible in order to receive
assistance. The primary goal of this program is to assist citizens in maintaining
safe, habitable, and suitable living environments in an effort to stabilize our
neighborhoods.
C:\Documents and Settings\lejeunec\Local Settings\Temporary Internet Files\OLKBEO\ACTIVrnES TO BE
UNDERTAKEN.doc
"'~.. ,1':.010
~
! i-\.
I ( \
~" f"f'
.0\, /-
V . /,
IV"" .-< <- '
~.,.CN C .
XIII-UNFINISHED BUSINESS
ITEM B.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to Citv Clerk's Office Meetinl! Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May ]5,2006 (Noon)
D 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 ] 6, 2006 May 1,2006 (Noon) [8] 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 [gJ Unfinished Business
D Announcement 0 Presentation
D City Manager's Report
RECOMMENDATION:
Reconsideration of motion to affirm continuation of Stormwater Fee.
EXPLANATION: A member of the City Commission voting on the prevailing side of the motion has requested that
this matter be re-visited to address whether existing procedures for fee adjustments in the City Code are sufficient to allow
owners of private stormwater systems to seek relief from the City fee for all or a portion of their private stormwater system.
The provisions of the code concerning fee adjustments are as follows: (The entire code provision is also attached as well as
excerpts of the July 5, 2006 City Commission minutes.
(Ord. No, 93-72, f 1,12-21-93)
Sec. 26-405. Adjustment offees.
(a) Requestsfor adjustment of the storm water management utility fee shall be submitted through the director, who shall
be given authority to administer the procedures and standards and review criteria for the adjustment offees as established
herein. All requests shall bejudged on the basis of the amount of impervious area on the site, or additional/enhanced
stormwater facilities. No credit shall be given for the installation offacilities required by city or county development codes or
state stormwater rules. The following procedures shall apply to all adjustment requests of the stormwater utility fee:
(1) Any owner who has paid his stormwater management utility fees and who believes the contribution rate component
of his stormwater management utility fee to be incorrect may, subject to the limitations set forth in this chapter, submit an
adjustment request to the director.
(2) Request for adjustment of stormwater fees paid by an owner making the request shall be in writing and set forth, in
detail, the grounds upon which relief is sought.
(3) Adjustment requests made during the first calendar year that the stormwater management utility fee is imposed will
be reviewed by the director within afour-month periodfrom the date offiling of the adjustment request. Adjustments
resultingfrom such request shall be retroactive to the beginning ofbillings but shall not exceed one (1) year.
(4) The owner requesting the adjustment may, at his own cost, provide supplemental information to the director
including, but not limited to facts, opinions or engineering services to substantiate his case.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
"~0.\-rY.o{o.'
"
( "\
tt /(i
-'.)-. ,> ~ /': \;
:",<,
,,_~Or>l v.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
(5) Adjustments to the stormwater management utility fee will be made upon the granting of the adjustment request, in
writing, by the director. Denials of adjustment requests shall be made in writing by the director.
(b) Upon receipt of the written denial of the adjustment request, the owner who initially requested the adjustment may,
within thirty (30) days of receipt of such denial, appeal to the boardfor review of the denial.
(1) The board shall complete its review within sixty (60) days of receipt of said requestfor appeal. The board's
determination on the appeal shall be in writing and setforth in detail the reasonfor its decision.
(2) In evaluating the appeal, the board shall be bound by the standards and review criteria contained herein.
(3) All determinations of the board arising out of this section shall be final.
PROGRAM IMP ACT: The current code already has an appeals process in place. Staff can make this available to
interested parties who may have a desire to file an adjustment request. There is one key point to remember in any appeal: the
applicant must demonstrate that the stormwater facilities for which an adjustment in the fee is applied for must be in excess of
the City, county or state requirements. This provision of the code has been in place since 1994..
FISCAL IMPACT: As a follow-up to the meeting on July 5th, Utility Staff is working on a refined stormwater project
list to balance the sources of revenue with expenditures. In addition, staff is working on information on the components of
Delray Beach's ($4.50), Boca Raton's ($2.90) and West Palm Beach's ($6.77) stormwater fees.
ALTERNATIVES:
This is an informational item,
~;gn"U"
Department Head's Signature
City Attorney / Finance / Human Resources
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
Stormwater Utility Fee Code
Sec. 26-400. Purpose and intent.
The purpose and intent of this article is to establish storm water utility fees sufficient to
plan, control, operate, and maintain the city's storm water management system.
(Ord. No. 93-72, ~ 1, 12-21-93)
Sec. 26-401. Definitions.
For the purpose of this article, the following definitions shall apply; words used in the
singular shall include the plural, and the plural, the singular; words used in the present
tense shall include the future tense. The word "shall" is mandatory and not discretionary.
The word "may" is permissive. Words not defined herein shall be construed to have the
meanings given by common and ordinary use as defined in the latest edition of Webster's
Dictionary.
Board means the administrative hearing board, comprised of a representative from the
finance department, a representative from the engineering department and a
representative from the city manager's office.
Director means the director of the utilities department or his designee.
Dwelling unit means any residential space identified for habitation by members of the
same family or as classified by the city building code.
Equivalent residential unit (ERU) means that unit of construction consisting of one (1)
dwelling unit (whether single-family, condominium, mobile home, or townhouse unit) for
residential purposes; or for commercial or industrial sites, an impervious area equal to
one thousand nine hundred thirty-seven (1,937) square feet.
Impervious area or impervious surface means a horizontal surface which has been
compacted or covered with a layer of material so that it is highly resistant to infiltration
by water. It includes, but is not limited to, semi-impervious surfaces such as compacted
clay, as well as streets, roofs, sidewalks, parking lots and other similar surfaces.
Residential property means any lot or parcel existing in the city or in the future
annexation reserve area as defined in the city's comprehensive plan developed
exclusively for residential purposes including, but not limited to, single-family homes,
manufactured homes, multifamily, apartment buildings and condominiums and transient
rentals such as hotels and motels.
Nonresidential means any developed property not otherwise defined as residential.
Undeveloped property means that which has not been altered from its natural state by
the addition of any improvements such as a building, structure, impervious surface,
change of grade or landscaping. For new construction, a property shall be considered
developed pursuant to this chapter.
(1) Upon issuance of a certificate of occupancy, or upon completion of construction
or final inspection if no such certificate is issued; or
(2) Where construction is at least fifty (50) percent complete and construction is
halted for a period ofthree (3) months.
(Ord. No. 93-72, ~ 1, 12-21-93; Ord. No. 94-31, ~ 1, 10-18-94)
Sec. 26-402. Stormwater management utility fee.
A storm water fee is hereby imposed upon each lot and parcel within the city for
services and facilities provided by the storm- water management utility. For purposes of
imposing the stormwater fee, all lots and parcels within the city are classified into the
following three (3) customer classes:
(1) Residential.
(2) Nonresidential, which includes governmental; institutional (tax exempt);
commercial; industrial and other.
(3) Undeveloped.
(Ord. No. 93-72, ~ 1, 12-21-93)
Sec. 26-403. Schedule of rates.
(a) The director is directed to prepare a list oflots and parcels within the city and
assign a classification of residential, nonresidential or undeveloped to each lot or parcel.
(b) The monthly charge per ERU for all improved properties within the City of
Boynton Beach corporate limits shall be five dollars ($5.00). The city commission may,
from time to time, by ordinance amend the monthly charge established in this section.
(c) The fee imposed for residential properties shall be the rate for one (1) ERU
multiplied by the number of individual dwelling units existing on the property (ERU rate)
(number of dwelling units).
(d) The fee imposed for nonresidential properties as defined herein shall be the rate
for one (1) ERU for each one thousand nine hundred thirty-seven (1,937) square feet of
. .
ImpervIOUS area.
2
(e) The director shall be responsible for determining the impervious area based on
data supplied by the county property appraiser, or by the property owner, tenant or
developer if such information is unavailable. The director may require additional
information as necessary to make the determination. The billing amount shall be updated
by the director based on any additions or deletions to the impervious area as approved
through the building permit process.
(f) The minimum fee for any nonresidential parcel shall be equal to the rate for one
(1) ERU.
(g) There shall be no fee for undeveloped property.
(Ord. No. 93-72, ~ 1, 12-21-93; Ord. No. 94-31, ~ 2, 10-18-94; Ord. No. 00-14, ~ 2, 6-6-
00; Ord. No. 02-12, ~ 2, 4-2-02)
Sec. 26-404. Billing and payment; penalties.
(a) Bills or statements for the stormwater utility fee shall be rendered monthly, in
accordance with the regular utility billing cycle, by the utility billing division of the city
for all properties subject to the fee. Bills shall be payable at the same time and in the
same manner and subject to the same penalties as set forth for water. Any partial payment
of a combined utility bill shall be applied first to the storm water utility fee. Any unpaid
storm water utility fees shall constitute a lien on such property except the liens of state,
county and municipal taxes and shall be on a parity with the lien of such state, county and
municipal taxes. Such lien, when delinquent for more than thirty (30) days, may be
foreclosed by the city in the manner provided by the laws of Florida for the foreclosure of
mortgages on real property.
(b) For properties normally receiving monthly utility bills for other services, the
storm water utility fee shall be included in the monthly utility bill rendered to the
established customer. At the discretion of the city finance director, fee waivers for short-
term inactive utility accounts accruing fees often dollars ($10.00) or less in a six-month
period may be made for purposes of administrative convenience.
(c) For properties not receiving monthly utility bills for other services, the bill or
statement for the storm water utility fee shall be sent to the owner of the property as
determined from the tax rolls. The utility billing division may render annual or
semiannual billing at the beginning of the defined period on such properties if determined
to be in the best interest of the city.
(d) The owner of a property is ultimately responsible for all fees imposed under this
chapter.
(Ord. No. 93-72, ~ 1, 12-21-93)
3
Sec. 26-405. Adjustment of fees.
(a) Requests for adjustment of the stormwater management utility fee shall be
submitted through the director, who shall be given authority to administer the procedures
and standards and review criteria for the adjustment of fees as established herein. All
requests shall be judged on the basis of the amount of impervious area on the site, or
additional/enhanced stormwater facilities. No credit shall be given for the installation of
facilities required by city or county development codes or state stormwater rules. The
following procedures shall apply to all adjustment requests of the stormwater utility fee:
(1) Any owner who has paid his storm water management utility fees and who
believes the contribution rate component of his stormwater management utility fee to be
incorrect may, subject to the limitations set forth in this chapter, submit an adjustment
request to the director.
(2) Request for adjustment of storm water fees paid by an owner making the request
shall be in writing and set forth, in detail, the grounds upon which relief is sought.
(3) Adjustment requests made during the first calendar year that the stormwater
management utility fee is imposed will be reviewed by the director within a four-month
period from the date of filing of the adjustment request. Adjustments resulting from such
request shall be retroactive to the beginning of billings but shall not exceed one (1) year.
(4) The owner requesting the adjustment may, at his own cost, provide
supplemental information to the director including, but not limited to facts, opinions or
engineering services to substantiate his case.
(5) Adjustments to the storm water management utility fee will be made upon the
granting of the adjustment request, in writing, by the director. Denials of adjustment
requests shall be made in writing by the director.
(b) Upon receipt of the written denial ofthe adjustment request, the owner who
initially requested the adjustment may, within thirty (30) days of receipt of such denial,
appeal to the board for review ofthe denial.
(1) The board shall complete its review within sixty (60) days of receipt of said
request for appeal. The board's determination on the appeal shall be in writing and set
forth in detail the reason for its decision.
(2) In evaluating the appeal, the board shall be bound by the standards and review
criteria contained herein.
(3) All determinations ofthe board arising out of this section shall be final.
(Ord. No. 93-72, S 1, 12-21-93; Ord. No. 94-31, S 3, 10-18-94)
4
Sec. 26-406. Capital contributions.
Procedures and standards developed by the director shall define appropriate means by
which to optimize development capital contributions in the implementation of basic
specific stonnwater systems. These basic specific capital contributions shall take the fonn
of "fee- in-lieu-of' or "availability charges". Each situation will be analyzed by the
director, and a specific written decision will be developed. The application is defined as
follows:
(1) Fee-in-lieu-of is applied to a site-specific negotiated procedure, wherein a
development's stonnwater contribution (quantity and quality) is assessed its share of the
capital needs of the facilities required to serve the development in question. This capital
contribution would be used to implement city-owned stonnwater facilities. The process
does not apply wherein the stonnwater facilities are privately held. Each application is
evaluated against the city's stonnwater master plan for the watershed involved or, while
the master plan is incomplete, the cumulative impacts from the development.
(2) Availability charge is administered on a site- specific basis identical to the fee-
in-lieu-of procedure noted above; the only difference is that the capital investment
advanced by the city in implementing a stonnwater facility is not recovered through an
availability charge. The capital charge is detennined on a pro rata share of the capacity
used by the new applicant or by the cumulative impact from the development upon all
impacted facilities.
(3) The "fee-in-lieu-of' capital contribution for properties redeveloping within the
Downtown Stonnwater Improvement Watershed, and utilizing the installed stonnwater
treatment and/or conveyance facilities within that watershed, shall be levied as follows:
a. Capital cost per impervious square foot for
Water Quality $2.05
b. Capital cost per impervious square foot for
Water Quantity $0.18
c. Total Capital cost per impervious square foot
for Water Quality and Quantity $2.23
This fee shall be paid prior to the issuance of a building pennit for new construction
and/or redevelopment in the Downtown Watershed.
(Ord. No. 93-72, ~1, 12-21-93; Ord. No. 00-54, ~ 4,10-17-00; Ord. No. 02-045, ~ 7, 8-
20-02)
5
Sec. 26-407. Program administration.
It shall be the duty of the director to administer the storm water utility program. The
director shall keep an accurate record of all persons using the services and facilities of
said stormwater management utility of the city and make changes in accordance with the
rates and charges established in this chapter or by ordinance. (Ord. No. 93-72, ~ 1, 12-21-
93; Ord. No. 94-31, ~ 4, 10-18-94)
Sec. 26-408. Stormwater utility enterprise fund.
There shall be established a storm water utility enterprise fund for the deposit of all
fees and charges collected by the storm water utility. These funds shall be for the
exclusive use ofthe city's stormwater management utility including, but not limited to,
the following:
(1) Stormwater management services, such as studies, design, permit review, plan
preparation and development review.
(2) Operation, maintenance, repair and replacement ofthe stormwater collection,
storage, treatment and conveyance infrastructure.
(3) Project costs related to constructing major or minor structural improvements to
the stormwater-related infrastructure as provided in the city-wide stormwater
management plan.
(4) Administrative costs associated with the management of the storm water utility
fee. A maximum of two thousand dollars ($2,000.00) may be transferred to the general
fund annually for administrative costs.
(5) Debt service financing of stormwater-related capital improvements defined in
the city-wide stormwater management plan.
(6) Funding of studies including water quantity and quality monitoring, aerial
photography, and geotechnical work associated with the planning of the storm water-
related infrastructure.
(Ord. No. 93-72, ~ 1, 12-21-93; Ord. No. 94-31, S 5, 10-18-94)
6
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 5, 2006
Commissioner McCray inquired when the raw sewer pipes running down Congress Avenue were
last inspected. Mr. Mazzella emphasized the pipes are very deep and are not inspected
regularly as they are lined and in very good shape. Mr. Bressner added in the capital
improvement plan there is a proposed interceptor line between the east plant and the regional
wastewater plant that will provide a bypass for the downtown redevelopment area to balance
the flow to the wastewater treatment plant.
Mr. Mazzella summarized 24,588 water accounts are inside the City and 9,188 are outside the
City. There are 23,118 sewer accounts inside the City and 8,801 outside the City. The Ocean
Ridge component consists of 770 water accounts; however, they do maintain their own water
distribution system. He noted most of the accounts both inside and outside the City are for
residential properties.
Commissioner McCray asked if there is enough infrastructure to take care of the customers both
inside and outside the City. Mr. Mazzella concurred with the caveat of contracting with the
County through December 31, 2009. Commissioner Ensler emphasized without the County
water the City does not have enough water, which is part of the capital plan to solve the
problem.
B. Review and possible adjustment of the stormwater fees
Mr. Mazzella reported prior to 1992, the City did not have a means of funding stormwater
maintenance or improvements. A rate study had been ordered to determine funding for
stormwater needs resulting in the $1 per Equivalent Residential Unit (ERU). In 2000 the rate
had been increased to $6 per ERU and then SUbsequently reduced in 2002 to $5 per ERU. Mr.
Bressner explained the reduction had been the result of projects lagging behind the delivery
date. There is currently a shortfall, but not significant in Mr. Bressner's view. Mr. Mazzella
pointed out a large amount of money had been spent in both commercial and residential areas
for improvements. The primary commercial projects were the downtown stormwater, lift
station 317 improvements, the Railroad Avenue project and the Industrial Avenue projects, as
well as minor east water plant improvements.
Mr. Mazzella indicated the Sea crest Corridor, being Sea crest Boulevard south to Woolbright,
east to the FEC railroad tracks and west to 1-95, ballooned to a project cost of $15M. The
water and sewer lines were being replaced due to poor condition and insufficient size; however
the stormwater system is substandard needing hard piping and filtration trenching to avoid
ponding. A comparison with other municipalities and their rates was discussed. Commissioner
McCray requested the cost rationale for surrounding municipalities be investigated.
Proceeds from the now-exhausted 1996 bond issue had funded many of the projects to date.
Monies from the water and sewer reserves were also used to build the current system. Mr.
Bressner added $57M remains in the reserve including restricted and non-restricted funds.
According to Mr. Mazzella, a shortfall has existed for stormwater funding over the past few
years and with the current projects it will continue to have a shortfall. Commissioner Ensler
questioned when the shortfall was realized. Mr. Mazzella explained it is not a true deficit
because the water, sewer and stormwater funds are kept in one reserve account.
18
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 5, 2006
Mr. Bressner explained at the current rate, the cost of all previous projects plus the cost of the
debt service are more than the revenues during the same period of time. The utility fund is a
combined utility fund including water, sewer and stormwater revenues. The cash revenues are
not available to meet the construction requirements for the stormwater, but are met by using
other cash reserves within the Utility Department.
Mr. Mazzella continued with an overview of the stormwater revenue and expenses through the
year 2012. He noted the bond issue of 1996 expires in 2012 when the debt service burden
would expire and the deficit would no longer exist. The revenues will exceed the expenses by
2012 and the deficits funded by the reserve could be replenished. Mayor Taylor added another
possibility would be a pay-as-you-go practice to avoid any future deficit until 2012.
Commissioner Ensler suggested the projects should be re-evaluated and a determination made
on balancing the funding and priority of the various projects. Mr. Bressner announced staff had
been reviewing the timeline for some of the projects and an update could be prepared. The
figures are based on the approved plan with an aggressive schedule for some of the capital
projects. Commissioner Ensler felt the question needed to be addressed and if the fee should
be increased to cover work that must be done then it should be increased.
Commissioner Ferguson questioned the fairness of the fee as it related to customers such as
Quantum Park that pay the fee and takes care of their own stormwater. Essentially they are
double taxed, in his view. Some cities allow discounts for entities that take care of their own
stormwater and he proposed fairness be applied and a 50% reduction in the stormwater rate
should be give this next fiscal year and a 10% reduction after that until 2012. Mr. Bressner
countered there was no basis for the statistics asserted by Commissioner Ferguson.
Mayor Taylor favored the option of maintaining the status quo and continuing the current rate
structure, prioritizing stormwater projects by need and environmental impact, and funding the
projects accommodating the current rate. Commissioner Ensler agreed as long as the projects
that had to be done could get done. Commissioner McCray also agreed and noted further
discussion could be held at the CIP budget hearings.
Motion
Commissioner McCray moved to maintain the status quo at the current rate for stormwater
fees, prioritize the stormwater projects by need and environmental impact and fund the
projects that can be accommodated by the current rate. Commissioner Ensler seconded the
motion. The motion passed 3-1. (Commissioner Ferguson dissenting.)
X. FUTURE AGENDA ITEMS:
A. Review benefits and premiums for 2006/2007 Health and Life Insurance coverage
(August 1, 2006)
B. NCF&O White Collar Collective Bargaining Agreement 10/1/06 to 9/30/09 (Aug. 1,
2006)
C. Small/Minority Business Enterprise (S/MBE) Plan Proposal (Aug. 15, 2006)
19
~1"Y Of"
Co '~'"
"'. '\
.,'/ ',: . \
"l/' .hr;
'0,\ ,~'r
#- ""- . ,__,_r'
~ - -,V
;/ }..; MV
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR1\'l
XIII-UNFINISHED BUSINESS
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 Meetinl! 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] 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],2006 (Noon) [8] 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 0 Legal
0 Bids [8] Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDA TION:
plan extension.
Reconsideration of motion on applicability of arts fee code to Boynton Beach Lofts site
EXPLANATION: A member of the City Commission voting on the prevailing side of the motion has requested that
this matter be re-visited for the applicability of the I % arts fee per code. This is the first development that has requested a site
plan extension since the arts fee ordinance became effective. Staff believes Boynton Beach Lofts was "grandfathered" as
exempt because the development was in the approval process at the time the ordinance was adopted. (This needs to be
confirmed,) However since the site plan extension was requested, the City Attorney advised that the City Commission could
place as a condition of approval payment of the art fee or compliance with the developer providing on-site art that conforms
to the code. This was the motion approved (see excerpts of the July 5th meeting attached).
The following request was received on July 12th as follows:
From: EnslerB@aol.com [mailto:EnslerB@aol.com]
Sent: Wednesday, July 12, 2006 7:14 AM
To: Bressner, Kurt
Cc: EnslerB@aol.com
Subject: Motion to Reconsider Boynton Beach Lofts
I am requesting a motion to reconsider for the condition we added to the requested one year
extension for Boynton Beach Lofts at the last Commission meeting. The condition we approved was
the addition of a one percent Art Fee. Since the developer did not consider this additional cost in
their original plan, I am recommending that we only impose that part of the fee that is applicable
to art at the site. This would be the 0.7% factor and that we not impose the 0.3% factor that is
used to pay for program/salaries. This would result in all of the art fee to be used to enhance the
project.
Bob Ensler
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Sl\1"Y .::~
/ .... M'\
1 . .'
'Jl \ J :r
0\' ..' .JIJ
J-~' . - #/'~
^,'- ~..
-"ON '"
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMP ACT: The current code, as written does not provide for a variable fee as suggested above. The code
would have to be amended to allow a lesser fee be paid. Staff does not recommend changing the code. Staff time will still
need to be expended to review this project.
FISCAL IMP ACT: Unknown as the fees for this development has not been calculated. The code calls for the art fee to
be 1 % of the building valuation.
AL TERNA TlVES: Adopt a policy that affirms all developments in the list of grandfathered developments be
exempted from paying the arts ordinance fee regardless of whether the development requests an extension of the site plan.
This will decrease the amount of funding for the arts program.
Department Head's Signature
')
I'~
15-t/J.' .
Ity Manager's Signature
City Attorney I Finance I Human Resources
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 5, 2006
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
F.
Project:
Agent:
Owner:
Location:
Description:
Boynton Beach Lofts (SPTE 06-00S)
Bradley Miller, Miller Land Planning Consultants, Inc.
Addison Properties of South Florida, Inc.
623 S. Federal Highway
Request for a one-year time extension for the approved site plan
and height exception granted on April 19, 2005 from April 19,
2006 to April 19, 2007.
Bradley Miller, Miller Land Planning Consultants, representing the applicant, explained
the extension for submission of the site plan was necessary for the applicant to complete some
financial obligations. The plans were prepared and would be submitted rather quickly.
Mr. Breese gave a recap of the project and the requests already approved. Staff recommended
approval of the extension.
Commissioner Ensler inquired if staff and/or the applicant had considered the art fee. Mr.
Breese replied staff had not considered the art fee issue. Attorney Cherof advised there would
be no legal prohibition to including the art fee as a condition of approval.
Motion
Commissioner Ensler moved to approve item VIII.F. to include the 1% art fee as a condition of
approval.
Commissioner McCray questioned if there would be another request for extension. Mr. Miller
responded his client had not indicated another extension would be necessary.
Commissioner McCray seconded the motion.
Mayor Taylor asked if the applicant would be agreeable to the addition of the 1% art fee. Mr.
Miller recognized the importance of the art fee and noted there are some prominent
architectural features to the project. Mr. Miller and his client would continue to work with the
City on the intent of the art fee.
Mayor Taylor opened the issue for public hearing and no one came forward.
Vote
The motion passed unanimously.
G.
Project:
Agent:
Location:
Inlet Cove Association (INCA) (LUAR 06..019 )
City of Boynton Beach
North Federal Highway and the Intracoastal Waterway; between
the C-16 Canal and Mariners Way, and between Martin Luther
King, Jr. Boulevard and North East 6th Court
11
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 5, 2006
Descri ption:
Request to amend the Comprehensive Plan Future Land Use Map
from Mixed Use to Low Density Residential. (1st reading of
Proposed Ordinance No. 06-065)
Attorney Cherof read Proposed Ordinance No. 06-065 by title only.
Mike Rumpf, Director of Planning and Zoning, gave an overview of the city-initiated request to
reclassify approximately 35 acres in the downtown area to support redevelopment. The
redevelopment initiatives, development demand and redevelopment plans have followed up on
the original intent for redevelopment along the US 1 corridor to establish mixed use zoning
districts including transitioning and compatibility. Mr. Rumpf indicated the reason for the
request was to reflect the current use of the properties and lay the groundwork for
redevelopment. It is a large-scale amendment to be transmitted to the state and if approved
could be adopted in November or December. Staff recommended approval.
Mayor Taylor opened the issue for public hearing.
Louise Dacamara, 836 East Drive, pointed out the commercial properties along Federal
Highway were not included and the request only affected the residential properties. The
amendment could bring the Comprehensive Plan into compatibility with the existing properties.
She urged the Commission to support the amendment.
No one else coming forward, Mayor Taylor closed the public hearing.
Commissioner McCray thanked INCA for coming forward in support of the change.
Commissioner Ferguson inquired about the landowners who would no longer be able to go up
to the 75 feet previously approved. Mr. Rumpf responded the intent has been to preserve
compatibility and single-family neighborhoods, plus transitioning to the mixed-use districts. The
proposed amendment would not preclude a privately initiated application to request a change to
the boundaries to provide better buffering and separation from a single-family neighborhood. It
would be reviewed on a case-by-case basis.
Commissioner Ensler inquired about the reasons for the previous rezoning. Mr. Rumpf
responded it had been reclassified only. The Comprehensive Plan Map can be viewed as a
planning tool for long range planning based on the CBD area and taking into consideration the
poor condition of the single-family housing throughout the area.
Motion
Commissioner McCray moved to approve Proposed Ordinance 06-065. Commissioner Ensler
seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
H.
Project:
Agent:
Owner:
Hemingway Square (LUAR 06-006)
Garcia Stromberg Architecture, Inc.
2319 South Federal Partners, LLCjRobert Vitale (Managing
Member)
12