Agenda 11-20-07
The City of
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100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
NOVEMBER 20, 2007
Jerry Taylor
Mayor - At Large
Janet M. Prainito
City Clerk
DISTRI T I
Jose Rodriguez
Vice Mayor
Ron Weiland
Commissioner - District I
Woodrow Hay
Commissioner - District II
Marlene Ross
Commissioner - District IV
Kurt Bressner
City Manager
James Cherof
City Attorney
www.boynton-beach.org
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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, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to impose
time limits on the 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 - lime Limit - Three (3) Minutes
. 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, with the exception of Consent Agenda Items that have
not been pulled for separate vote, reports, presentations and first reading of Ordinances - lime Limit -
Three (3) minutes
.
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 who disputes the meeting while addressing the Commission may be ordered by the presiding
officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or
step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the
presiding officer issued to control the decorum of the meeting is binding, unless over-ruled 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).
S:\CC\WP\CCAGENDA\Cover Template\WELCOME SHEET - REVISED 04-04-07.doc
City of Boynton Beach
REGULAR CITY COMMISSION MEETING
AGENDA
November 20, 2007
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by
C. Pledge of Allegiance to the Flag led by Commissioner Marlene Ross
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. Upcoming "Holiday Extravaganza" Parade, Tree Lighting and Concert on
December 1, 2007. The parade runs from 5 p.m. to 6:30 p.m. with the tree
lighting at 6:45 p.m. and a free concert with Three Dog Night commencing
at 7 p.m.
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
None
2. Presentation by the City Safety Committee of the Safe Worker Awards to
Public Works employees, Barry Taylor and Damian Miller.
Agenda
Regular City Commission
Boynton Beach, FL
November 20, 2007
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>
V. ADMINISTRATIVE:
A. Appointments
Appointment Length of Term
To Be Made Board Exoiration Date
Mayor Taylor Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09 Tabled (2)
I Weiland Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07
IV Ross Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled (3)
IV Ross Code Compliance Board Alt 9 mo term to 12/07 Tabled (2)
Mayor Taylor Code Compliance Board Alt 9 mo term to 12/07 Tabled (2)
III Rodriguez Community Relations Board Alt 9 mo term to 12/07 Tabled (2)
IV Ross Community Relations Board Alt 9 mo term to 12/07 Tabled (2)
I Weiland Education & Youth Advisory Board Reg 21 mo term to 12/0lTabled (3)
II Hay Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (2)
III Rodriguez Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (2)
IV Ross Education & Youth Advisory Board Stu 9 mo term to 12/07 Tabled (2)
Mayor Taylor Education & Youth Advisory Board Stu N/V 9 mo term to 12/07 Tabled (2)
IV Ross Planning & Development Board Reg 2 yr. term to 12/09
Mayor Taylor Planning & Development Board Reg 2 yr. term to 12/08
IV Ross Recreation & Parks Board Alt 9 mo term to 12/07 Tabled (2)
I Weiland Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled (2)
II Hay Veterans Advisory Commission Alt 9 mo term to 12/07 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. Regular City Commission -- November 13, 2007
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2007-2008 Adopted Budget.
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Agenda
Regular City Commission
Boynton Beach, FL
November 20, 2007
1. Approve the purchase of SunGard HTE's Human Resources Personnel
Suite and Click2Gov Applicants Software in the amount of $53,097.
(Proposed Resolution No. 07-)
2. Award Bid #007-2110-08/0D "ANNUAL CONTRACT FOR DRY CLEANING
OF POliCE UNIFORMS" to Green Tree Dry Cleaners of Boynton Beach
with an annual expenditure of $40,000.
C. Resolutions
1. (Intentiona//y left blank)
2. Proposed Resolution No. R07- RE: Approving and
authorizing execution of an Agreement between the City of Boynton
Beach and the Cantebury at Quantum Village Owners Association of Palm
Beach, Inc. to provide for police enforcement of traffic violations on
private and limited access roads within the Association's area of control.
3. Proposed Resolution No. R07 - RE: Approving and
authorizing execution of Amendment to April 5, 2005 Construction
Contract between the City of Boynton Beach, a municipal corporation of
Florida and South East Drilling Services, Inc., called "SED", for the East
Plant Expansion Test Wells and Aquifer Storage and Recovery Well Two.
4. Proposed Resolution No. R07- RE: Approving and
authorizing the execution of an agreement with Entegra Procurement
Services to participate in the Sodex/International Club Suppliers Food and
Supply Procurement Program.
5. Proposed Resolution No. R07- RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Dennis and Christina Hessing for the property at 1107 Peak
Rd. Lantana, FL (Ridge Grove Add No. 1 Lot 2650).
6. Proposed Resolution No. R07- RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Steve & Laura Gallagher for the property at 816 Bamboo
Lane, Delray Beach.
D. Approve full release of surety for the project known as Colony Preserve, and
return of the performance bond #088158 from Carolina Casualty Insurance
Company in the amount of $594,618.97, to the developer of the project.
E. Approve the utilization of $35,000 from the General Fund contingency monies for
the purpose of "Cultural Competency Training" for the employees of the City.
The training will be provided by Toward a More Perfect Union, Boynton Beach,
FL.
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Agenda
Regular City Commission
Boynton Beach, FL
November 20, 2007
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:
Description:
B.
Project:
Agent:
Owner:
Location:
Description:
c.
Project:
Agent:
Owner:
Location:
Description:
D.
Project:
Agent:
Owner:
Location:
Description:
Makrista Baby (ADAP 07-002)
Michael S. Weiner, Weiner & Aronson, P.A.
Request for appeal of the administrative determination that the
subject use, Makrista Baby, is not similar to a tailor and
dressmaker, and therefore not an allowed use within the C-1
Office and Professional Commercial Zoning District. (Tabled to
November 20, 2007)
Cortina at Boynton Village (SPTE 07-010)
Stephen Liller, K. Hovnanian Homes
South Florida Devco, Inc.
Northeast corner of Old Boynton Road and Congress Avenue, just
south of the SFWMD C-16 canal
Request for a second one (1) year site plan time extension of a
site plan (NSWP 05-001) originally approved on September 20,
2005 for 458 town home units in the Boynton Village and Town
Center Development. This second request would extend approval
from September 20, 2007 to September 20, 2008.
Pylon Interstate Plaza Phase II (COUS 07-004)
Ray Balassiano, A.LA.
Peter Debs, Woolbright Executive Center LLC
1501 Corporate Drive
Request for conditional use/major site plan modification approval
for a 29,199 square foot office building and related site
improvements on 2.86 acres in a C-1 zoning district.
Pylon Interstate Plaza phase II (HTEX 07-005)
Ray Balassiano, A.LA.
Peter Debs, Woolbright Executive Center LLC
1501 Corporate Drive
Request for height exception approval to allow a segment of
parapet wall and mechanical equipment at a height of 43 feet,
eight (8) feet above the 35 foot limit in the C-1 zoning district, in
conjunction with the construction of a 29,199 square foot office
building.
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Agenda
Regular City Commission
Boynton Beach, FL
November 20, 2007
IX. CITY MANAGER'S REPORT:
A. Staff review and recommendations of barrier median placed on Boynton Beach
Boulevard at intersections of Railroad Avenue and at NE 4th Street.
X. FUTURE AGENDA ITEMS:
A. Discussion of disposition of Old High School - January 2008
B. Discuss possible funding of Board Recognition Dinner - December 2007
C. American Assembly Implementation Status Report - December 2007
D. Discussion of Utilities Capital Improvement Program (CIP) - December 2007
E. Discussion on timing of elections - January, 2008
XI. NEW BUSINESS:
A Discuss request by developer for annexation of balance of Gulfstream Gardens
parcel into the CRA. (Request postponement to December 18, 2007)
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
1. Proposed Ordinance No. 07-020 RE: Amending the
Comprehensive Plan Future Land use Map from High Density Residential
(HDR) to Special High Density Residential (SHDR). (Boynton Bay LUAR
07-002)
2. Proposed Ordinance No. 07-021 RE: Approving the
rezoning from Multi-Family Residential (R-3) to Planned Unit Development
(PUD) (Boynton Bay LUAR 07-002)
3. Proposed Ordinance No. 07-035 RE: Amending the
Comprehensive Plan Future Land Use Map from General Commercial (GC)
to Industrial (I). (National Transmissions, Inc. LUAR 07-004) (Table to
December 3, 2007)
4. Proposed Ordinance No. 07-036 RE: Approving the
rezoning from C-4 General Commercial District to M-1 Industrial District.
(National Transmissions, Inc. LUAR 07-004)(Table to December 3,
2007)
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
None
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Agenda
Regular City Commission
Boynton Beach, FL
November 20, 2007
B. Ordinances - 2nd Reading - Non-Development - PUBliC HEARING
None
C. Ordinances - 1st Reading
None
D. Resolutions:
None
E. Other:
None
XIII. UNFINISHED BUSINESS:
A. Discussion regarding the Public Art Fee Ordinance No. 07-002 and the
Administrative Policy for the collection of Public Art Fees.
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAlTER CONSIDERED AT THIS
MEmNG, 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 ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
Agenda 11/16/07 2:30 p.m.
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IH.-ANNOUNCEMENTS &. PRESENTATIONS
Item A.l.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October I, 2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October IS, 2007 (Noon)
0 September 18, 2007 September 3,2007 (Noon) ~ November 20, 2007 November 5,2007 (Noon)
0 October 2, 2007 September 17,2007 (Noon) 0 December 4, 2007 November 19, 2007 (Noon)
~ Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Announce an upcoming event "Holiday Extravaganza" Parade, Tree Lighting and Concert
December 1, 2007.
EXPLANATION: On Saturday, December 1, 2007 Boynton Beach presents "Holiday Extravaganza".
The Parade runs from 5:00pm to 6:30pm, North in the Southbound lane of Federal Hwy., from SE 12th Avenue to
Ocean Avenue.
The Tree Lighting will take place at 6:45pm at the Schoolhouse Children's Museum at 129 East Ocean Avenue (just
east of Seacrest).
The FREE Concert with THREE DOG NIGHT will start at 7:00pm untill0:00pm on East Ocean Avenue between
Seacrest and NE 1 't, Street. Food and beverage vendors will be available. Free trolley service from the Bank of
America on Federal & Ocean Ave. to the concert site will be available from 6:30pm to 10:30pm.
. Saturday, December 1, 2007 - Holiday Parade, 5:00pm to 6:30pm.
. Saturday, December 1,2007 - Holiday Tree Lighting, 6:45pm.
· Saturday, December 1,2007 - FREE Concert featuring THREE DOG NIGHT, 7:00pm to 10:00pm.
PROGRAM IMPACT: These events bring thousands of people to the downtown.
FISCAL IMP ACT: This is a budgeted CRA event.
ALTE~,A~IVES: /1/ .) I
(::1 { ~'tJ {v', jj[; If
\. Department Head's Signature J
LISA It. 73/Z'yh+
Department Name
~~Q 1
City Manager's Signature
~
Assistant to City Manager
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CII.-ANNOUNCEMENTS & PRESENTATIONS
Item C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
0 August 21, 2007 August 6, 2007 (Noon.) D October 16, 2007 October 1, 2007 (Noon
D September 4, 2007 August 20, 2007 (Noon) D November 13, 2007 October 15, 2007 (Noon)
0 September 18, 2007 September 3,2007 (Noon) ~ November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September 17,2007 (Noon) D December 3,2007 November 19,2007 (Noon)
~ Announcements/Presentati ons 0 City Manager's Report
NATURE OF 0 Administrati ve D New Business
AGENDA ITEM 0 Consent Agenda D Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing D
RECOMMENDATION: Presentation, by the City Safety Committee, of Safe Worker Awards to Public Works employees
Barry Taylor and Damian Miller.
EXPLANATION: On Wednesday, November 7, 2007, Messrs. Taylor and Miller were picking up recycling materials along
their route in the Meadows on the Green. They noticed three children, ages 2 to 5 years old, walking on a sidewalk toward
Congress Avenue. They stopped to check on the children. The two girls and one boy spoke only Creole, so the employees
notified the City's Communication Center. Police responded to the scene. Charges of neglect were filed against a family
member. The children are safe and uninjured.
PROGRAM IMP ACT: These two employees were responsible for protecting these three children and providing them with a
safe environment. They are to be commended for their quick response to a potentially dangerous and tragic situation.
FISCAL IMPACT: (Include Account Number where funds will come from) None.
AL TERNA TIVES: Not applicable
,
J!~i~aM'
Assistant to City Manager ~
RISK MANAGEMENT
Department Name
City Attorney I Finance
RM/WP/Safety/Agenda Item Request 11202007 Awards Taylor Miller.doc
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
Sanitation workers keep roving children from harm
PallnBeachPost.con1
Sanitation workers keep roving children from harm
By WI.LL V ASH
Palm Beach Post Staff Writer
Friday, November 09,2007
BOYNTON BEACH - Two Boynton Beach sanitation workers were being praised
Thursday for their quick actions to keep three youngsters from harm.
,[
C!c2J PRINTTHIS
Autos
Pal.mBeachP~t.com
Equipment operator Barry Taylor and recycle truck operator Damian Miller were
picking up recycling materials along their route about 9:30 a.m. Wednesday in the
Meadows on the Green subdivision when they noticed three small children walking along a
neighborhood street.
More crime coverage
Mostre<:;~l1th~,,!dli nes
Fqgitjy~s I S~xQff~nd~Is
Taylor said he figured the children, ranging
in age from about 2 to 5. lived nearby and a
parent was not far off.
But. after finishing their pickups in the area.
the two workers spotted the three
C:Jime.J)!Qg youngsters again walking on a sidewalk
M 1 1 heading outside the neighborhood toward a
Lore oca news ~
busy Congress A venue
Latest breakingne\,Vs, photos and all of to day's Post stories. . ~
Share This Story The city employees decided to stop and
check on the roving children.
"They were heading toward the road and 1 told my partner to park off on the side," Taylor said. "I have
four kids of my own and I couldn't have lived with myself if anything had happened"
Taylor and Miller tried to talk to the youths, but the two girls and a boy spoke only Creole. The men
then called the city's communication center, which notified the police.
Boynton Beach police later arrested the children's uncle, Dieulifaite Joseph, 21, who lives on Meadows
Circle, on three charges of child neglect, according to a police report. He was being held in the Palm
Beach County Jail on Thursday on $9,000 bond.
httn' /In;:) 1m he;:)clmost. nrintthis'clickabilitv .com/nt/cot?action=cot&title=Sanitation+worker... It /9/2007
Sanitation workers keep roving children from harm
Page 2 of2
Joseph told police he thought his sister was watching the children, but the sister said she thought Joseph
was looking after them.
Boynton Beach sanitation supervisor Grady Johnson said he was glad his employees kept an eye out for
the youngsters.
"We try to preach this to our workers, look out for the little kids," Johnson said. "What they did was a
beautiful thing because something very bad could have happened."
Boynton Beach police spokeswoman Stephanie Slater said Thursday that the children were being "well
taken care of."
She did not elaborate on their condition.
Find this article at:
http://www.palmbeachPost.com/localnews/contentisouth/epaper/2007/11/09/S3c_BBKIDS_1109.html
Check the box to include the list of links referenced in the article.
htto:/ /oalmbeachoost. orintthis.clickability .comJpt/cpt?action=cpt&title=Sanitation+worker... 11/9/2007
V. ADMINISTRA nVE
ITEM A.
APPLICANT ELIGIBLE FOR APPOINTMENT 11/13/07
NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3rd CHOICE APPLICATION
SUBMITTED
Cwynar William Planning & 02/28/07
Development Board
Fuller Darrel Veterans Advisory 9/27/07
Commission
Immer Judy Community Recreation & 9/24/07
Relations Bd Parks Bd.
* * * Leuchter Kurt Veterans Advisory 5/9/07
Commission
McGovern John Community Planning & Arts Commission 11/7/07
Redevelopment Development
Agencv Bd.
***Kurt Leuchter lives outside the City limits. The Veterans Advisory Commission does
allow one regular member and one alternate member to reside outside the City limits.
Those two positions are currently filled.
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VI.-CONSENT AGENDA
ITEM B.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl! Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office
0 August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1,2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15, 2007 (Noon)
0 September 18, 2007 September 3, 2007 (Noon) ~ November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September 17,2007 (Noon) 0 December 4,2007 November 19,2007 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve resolution No. 07-_ authorizing the purchase ofSunGard HTE's Human Resources
Personnel Suite and the Click2Gov Applicants software in the amount of$53,097.
EXPLANATION:
The Human Resources Personnel Suite of applications and the Click2 Gov Applicants software provides tracking of personnel
information from the onset of an on-line Internet application to the retirement of an employee.
PROGRAM IMPACT:
The purchase and implementation of this application will enable Human Resources to more effectively and efficiently manage
the process of personnel functions and improve personnel process flow throughout the City. The software will allow for
flexible, accurate control of Human Resources functions including the ability for applicants to apply on-line, the ability to
track the applicant process from job opening to employee selection, the ability to provide for a comprehensive profile of each
employee in the City and the ability to automate Human Resources records. It will also allow for in-depth inquiries and
reporting capabilities.
FISCAL IMPACT: Funds have been budgeted in the FY 2007/2008 budget, account number 001 1610 513 64 15 to
accommodate the $53,097 expense associated with this purchase.
ALTERNATIVES:
. Reject the purchase and continue to operate via a manual process which is less efficient and antiquated.
. Purchase several individual software packages at a substantially higher cost and which will require additional
maintenance to provide for an interface with the current SunGard H.T.E. payroll system.
, ~
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. .v~~~. City Manager' Signature
Assistant to City Manager ~
;I!,~ Attorney / Fman"
HUMAN RESOURCES
Department Name '
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RESOLUTION R07-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A PURCHASE
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND SUNGARD HTE FOR THE PURCHASE OF
SOFTWARE IN THE AMOUNT OF $53,097.00; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Human Resources Personnel Suite of applications and the Click2
Gov Applicants software provides tracking of personnel information from teh onset of an
on-line Internet application tot eh retirement of an employee; and
WHEREAS, the purchase and implementation of this application will enable
Human Resources to more effectively and efficiently manage the process of personnel
functions and improve personnel process throughout the City; and
WHEREAS, upon recommendation of staff, the City Commission has determined
that it is in the best interests of the residents of the City to execute the Purchase Agreement
with SunGard HTE for the purchase of Human Resources Personnel Suite and Click2Gov
Applicants software.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section I.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
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Section 2.
The City Commission of the City of Boynton Beach, Florida does
29 hereby authorize and direct the Mayor and City Clerk to execute the Purchase Agreement
30 between the City of Boynton Beach and SunGard HTE for the purchase of the Human
31 Resources Personnel Suite and Click2Gov Applicants software, a copy of the Purchase
32 Agreement is attached hereto as Exhibit "A".
33
Section 3.
This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this _ day of November, 2007.
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19 ATTEST:
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23 Janet M. Prainito, CMC
24 City Clerk
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26 (Corporate Seal)
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CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
2
,...-
Human Resources Personnel Suite
SunGard HTE's Human Resources Personnel
suite of applications provides tracking of per-
sonnel information from the onset of an Internet
application to the retirement of an employee.
Applications that make up the Personnel Suite
include:
· Payroll/Personnel
· Human Resources
Click2Gov for
Employee
Self Service
G
Payroll
· Applicant Tracking
. Click2Gov Applicants
· Click2Gov Employee Self Service
j I
j HU~~_~_I
r~~~~
SunGard HTE's Human Resources application is
written in C#.net running on a Windows plat-
form. The suite features a consolidated data-
base on the System is for the Human Re-
sources, Payroll/Personnel, and Applicant
T racking applications. The Click2Gov Em-
ployee Self Service and Click2Gov Applicants
modules also use the consolidated database,
resulting in a fully integrated Personnel Suite of
products.
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Human Resources Personnel Suite Modules
Payroll/Personnel - Offers flexible, accurate control over payroll accounting tailored to
your organization's requirements with user-defined hour types, accruals, and more, al-
lowing in-depth inquiry and reporting capabilities.
Human Resources - A comprehensive profile for each employee within an organization,
including attendance, leaves of absence! certifications! test scores! and photographs.
Applicant Tracking - Provides tracking of the entire applicant process online, from job
opening to employee selection.
Click2Gov Applicants - Allows applicants to log on to your organization's web server
and apply for open job positions.
Click2Gov Employee Self Service - Web-based system that frees up Payroll and Human
Resources staff by permitting employees to view and change personal data online.
1000 Business Center Drive' Lake Mary, FL 32746
(8001727-8088. www.sungard.com/hte
:1age ~i of 2
Benefits of Human Resources
. Payroll balances and history can be dis-
played in Human Resources, including
accruals, benefits, add pays, deductions,
taxes, ABTs, hours worked, and more.
. Detailed audit trail of changes made to
Salary Position in Human Resources is
available in Payroll/Personnel.
. Open payroll positions are displayed in
Click2Gov for Applicants and can be ac-
cessed by Human Resources and Appli-
cant Tracking to continue the applicant
tracking process.
1000 Business Center Drive. Lake Mary, FL 32746
(800) 727-8088 . www.sungard.com/hte
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Page 2 of 2
Click2Gov@ Applicants
Help your organization find the best people to fill opening positions and make it
simpler for potential employees to find and apply for positions by using the
Click2Gov Applicants module. This system has all of the features and functions you
expect and need to manage the process of posting positions and reviewing appli-
cants.
Click2Gov Applicants requires SunGard HTE's Human Resources (HR) application
and can also interface with SunGard HTE's Applicant Tracking (AT) application
Benefits
· Integrates with SunGard HTE's Human Resources and Applicant
Tracking applications
· Supports 24 hour a day, 7 days a week access to maximize accessi-
bility to potential candidates
· Eliminates duplicate data entry by integrating with HR for the post-
ing of positions and the importing of viable candidates
· Highly configurable and flexible to give you maximum control over
what and how the various forms are presented and what information
is required
Features
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User Created Accounts - Ap-
plicants create their own ac-
counts and can maintain
demographic information, ap-
ply for positions and review
the status of submitted appli-
cations.
PIa.;;:>... complliftl;' th.. personal O<liQl" t!lG'oucnl~' tv -il%I$t H,e HR. :'l"P<l''='f'>tflt In Pf'::'tJt;'"
(:lva!ua,'nQ 100,;'- ..pl.lhc:atiorl
Name
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Integration with HR - No re-
entering positions into Appli-
cation Tracking and no main-
tenance of duplicate data.
Applications are made avail-
able to Application Tracking
and promising applicants can
be imported directly into the
HR system.
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Highly Customizable - System visuals are CSS driven resulting in a highly custom-
izable presentation layer. System also supports for multiple languages and full
maintenance of all display text (not core system content).
1000 Business Center Drive' Lake Mary, FL 32746
(800) 727-8088 . www.sungard.com/hte
Page 1 0; 1
5UNGARD' PUBLIC SECTOR
City of Boynton Beach, FL (BYB2)
Investment Summary -Human Resources Solution
August 30 2007
, . , Project Annual
A . t' license # TralOmg T " Fit lit' F M t M' t
pphca Ions f D rammg ees ns a a Ion ees anagemen am enance
ees ays Fees Fees
Included
$ 20,330.00
Included
$
1,200.00 $
1,200.00 $ 1,200.00 See Attached
See Attached
1,800.00 See Attached
See Attached
$3,000.00 $1,200.00 $0.00
Human Resurces - HR
Qrep Administrator - Dedicated to running
HR Reports
C2G Web Applicants - KA
Qrep Catalog - HR, KA
$ 26,000.00
5
$
6,000.00 $
Totals
$46,330.00
6
$7,200.00
License Fees:
Customer Incentive:
Training Fees:
Installation Fees:
Project Management Fees:
Total UpfrontFees:
$46,330.00
($4,633.00)
$7,200.00
$3,000.00
$1,200.00
$53;097.00
Annual Maintenance is due 120 days from delivery of licensed programs and may be
pro-rated to conincide with your Annual Maintenance Billing. Per the request of
Boynton Beach, the annual maintenance has been Indicated on a separate quote
but understands that each quote Is contingent on one another. Both quotes
See Attached must be signed.
Annual Maintenance Fees:
Payment Terms:
1. License fees, Hardware, and Project Management are due at contract execution date, receipt of purchase order or this signed quote.
2. Training Fees are due as incurred.
3. Installation Fees are due upon completion.
4. Annual Maintenance will be due 120 days from delivery of licensed programs.
5. Travel, out of pocket, and living expenses are not included in above pricing and will be invoiced as incurred.
6. Pricing is for the application as-is. Any modifications or conversions will incur additional cost.
7. SCR and/or Conversions, if required, are payable 50% upon execution or receipt of purchase order and 50% upon completion.
B. There is no testing and acceptance period. The warranty period is 120 days after the delivery date.
9. Additional hardware and/or third-party software may be required. For hardware specifications and information, please contact
HTE VAR at info@htevar.com or call Tom Lewis at 770-216-4444.
10. Applicable taxes are not included in the above fees and if applicable, will be added to the amount in the payment invoices.
11. Please indicate that your purchase is per the terms and conditions of this proposal dated: 8/30/2007
. License fees for the Qrep catalog are included in the base application, if licensed at the same time as the base application.
Additonal License fees will be charged, if you purchase the Qrep catalog at a later time.
Requires a test environment. If no test environment exists, HTE can set up the test environment on client system for $1,200. Test
environment is for Payroll and AT if applicable.
The test environment is for the "Data Integrity" of the payroll system. If you already have a Payroll test environment, the $1,200
Istallation Fee will not apply.
The pricing, terms, and conditions in
City of Boynton Beach, FL
100 East Boynton Beach
Boynton Beach, FL 33435
Authorized Signature
Date
Printed Name
Prepared by Tami Mansfield, Account Executive. e-Fax 954-364-8557 tmansfield@hteinc.com
Revision 4
Source PB 7120/2007
Page 1 of 1
SunGard HTE Inc., 1000 Business Center Drive, Lake Mary, FL 32746
Confidential
VI.-CONSENT AGENDA
ITEM 8.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl! Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office
0 August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October I, 2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon)
0 September 18, 2007 September 3, 2007 (Noon) ~ November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September 17, 2007 (Noon) 0 December 4, 2007 November 19, 2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
0 Public Hearing 0
RECOMMENDATION: A motion to award Bid#007-2110-08/CJD "ANNUAL CONTRACT FOR DRY CLEANING
OF POLICE UNIFORMS" to Green Tree Dry Cleaners of Boynton Beach with an annual expenditure of: $ 40,000.00.
CONTRACT PERIOD: NOVEMBER 21,2007 TO NOVEMBER 20, 2008
EXPLANATION: On October 18, 2007, Procurement Services received and opened two (2) proposals for the
referenced bid. Police Department reviewed the proposals and it is recommended to award this bid to Green T~ree
Dry Cleaners, which was the lowest, most responsive, responsible bidder who meets all specifications. Gre6iPTree2Dty
......J .-,
Cleaners has provided our Police Department with Dry Cleaning service for a number of years and hav~rfo-f~_t:d
satisfactorily over the years. Police Department concurs with this recommendation, see attached me~rom)fhle
- ..--co
Police Department. I .'.""'10
--"'.....
The provision of this bid award will allow for a one (1) year extension at the same terms, conditions, ~d p!:i,~
subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best rm:ere~'Jil
the City. ::: ~ co
. -~
J,:" n;>
PROGRAM IMP ACT: The purpose of this bid was to seek proposals for the Dry Cleaning of Police uriiflmriS"'~
mandated by their union contract from a source of supply that will give prompt and convenien'i.service and is a 10caI
vendor.
FISCAL IMPACT: ACCOUNT#: EXPENDITURE:
001-2110-521-34-11 $40,000.00
AL TERNA TIVES: Renegotiate the Union Contract and exclude the benefit of ry cleaning of uniforms.
e
Assistant to City Manager
~ City Attnrney / Hoonc,
(JNIJ
CITY OF BOYNTON BEACH, FLORIDA
INTER-OFFICE MEMORANDUM
TO:
Bobby Jenkins
Asst. Fin<,m,.. t Director
I (1.J
Major W~nk Briganti
Uniform Services
DATE:
23 October 2007 FILE:
'~ ~:;:
FROM:
SUBJECT:
REFERENCES:
Officer's Uniforms
Greentree Dry Cleaners
,.~
;;r
ENCLOSURES:
This is to notify you that Greentree Dry Cleaners is awarded the vendor bid, regarding the above subject. We
have used this vendor for the past few years with satisfactory performance and service to the City of Boynton
Beach Police Department as well as it is centrally located within the city for the officer's convenience.
The contact information for the awarded vendor is as follows:
Greentree Dry Cleaners
3517 W. Boynton Beach Blvd.
Boynton Beach, FL 33437
The amount of awarded bid: $40,000 (10/01/07 - 09/30/08)
The account number to be charged: 001-2110-521-34-11
Budgeted amount (estimated annual expenditure): $40,000
Alternative: Inferior dry cleaner that does not have a location within the city limits
xc: Carol Doppler
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VI.-CONSENT AGENDA
ITEM C.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl! Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
0 August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1,2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon)
0 September 18,2007 September 3, 2007 (Noon) ~ November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September 17,2007 (Noon) 0 December 4, 2007 November 19,2007 (Noon)
0 AnnouncementslPresentati ons 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA TION: Approval of the Agreement for Provision of Supplemental Police Services
between the CRA and the City of Boynton Beach.
EXPLANATION: The CRA desires to contract with the City for additional police services with the Heart
of Boynton and the Central Business District. The purpose is to provide an additional police presence in
the form of an additional Community Action Team consisting of one sergeant and four police officers.
This team would be dedicated to the areas indicated and deploy utilizing foot and bicycle patrol as the
primary method of transportation and motorized patrol as the secondary method. This team would
function in tandem with our current Community Action Team (CATs) which endeavors to find long-
term solutions to neighborhood crime problems and resident concerns. The CRA team would not be
utilized elsewhere in the city. All costs associated with the additional officers including salary, overtime
and equipment will be paid for by the CRA pursuant to the contractual provisions. The CRA and City
had an arrangement similar to this one in 2004-05.
PROGRAM IMPACT: The additional police personnel would be beneficial as their presence is expected
to reduce crime and the open-air drug sales that plague the Heart of Boynton from time to time. The
CRA police would also be interacting with residents creating confidence in the department and
promoting our community policing efforts.
FISCAL IMP ACT: All costs associated with this effort would be paid by the CRA.
AL TERNA TIVES: Not to contract with the CRA for additional police personnel.
~
v City Manager's Signature
Assistant to City Manager
~
SIBULLETTN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Department Name
"-
, '---
City Attorney Finance
SIBULLETfNIFORMS\AGENDA ITEM REQUEST FORM. DOC
1
2 RESOLUTION NO. R07-
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 THE BOYNTON BEACH
9 COMMUNITY REDEVELOPMENT AGENCY FOR
10 SUPPLEMENT AL POLICE SERVICES; AND
11 PROVIDING AN EFFECTIVE DATE.
12
13
14 WHEREAS, the CRA desires to contract with the City of Boynton Beach for
15 additional police services within the Heart of Boynton and Central Business District; and
16 WHEREAS, Boynton Beach Community Redevelopment Agency will provide
17 the funding for the personnel and equipment needed for the additional police services to
18 ,I the downtown and marina districts along with the Heart of Boynton area; and
19 WHEREAS, the City Commission of the City of Boynton Beach, upon
20 recommendation of staff, deems it to be in the best interests of the residents and citizens
21 of the City of Boynton Beach to approve the Agreement between the City of Boynton
22 Beach and Boynton Beach Community Redevelopment Agency.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
Each Whereas clause set forth above is true and correct and
26 incorporated herein by this reference.
Section 2.
The City Commission of the City of Boynton Beach, Florida does
27
28 hereby approve the Agreement between the City of Boynton Beach and the Boynton
29 Beach Community Redevelopment Agency, a copy of said Agreement is attached hereto
as Exhibit "A".
Section 3.
That this Resolution shall become effective immediately upon
2
3 passage.
4 PASSED AND ADOPTED this ~_ day of November, 2007.
5
6 CITY OF BOYNTON BEACH, FLORIDA
7
8
9 Mayor - Jerry Taylor
10
11
12 Vice Mayor - Jose Rodriguez
~~ II
I
15
16
17
18
19 II
20 II
'),
;~ I ATTEST:
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
23
24
25
26 Janet M. Prainito, CMC
27 City Clerk
28
29
30 (Corporate Seal)
31
32
33 S:ICAIRESO\AgreementsIBBPDlPolice Services Agreement with CRA (2007).doc
II
AGREEMENT FOR THE PROVISION OF SUPPLEMENTAL POLICE SERVICES
Heart of Boynton District and Central Business District
THIS AGREEMENT, made and entered into this _ day of , 2007, by
and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
(hereinafter "CRA") and the CITY OF BOYNTON BEACH, Florida (hereinafter "City") is for
the provision of specific police services associated with the special conditions within the Heart of
Boynton District and the Central Business District, both areas being located within the City's
Community Redevelopment Area;
WHEREAS, the CRA desires to contract with the City for additional police/law
enforcement services within the areas of the City known as the Heart of Boynton District and the
Central Business District for the safety and protection of the residents of and visitors to these
areas of the City of Boynton Beach; and
WHEREAS, the City, by and through its Police Department, desires to assist in the effort
by providing supplemental police services within the Heart of Boynton and Central Business
Districts in the Community Redevelopment Area.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and adequacy of which are
acknowledged, the CRA and the City agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby
incorporated into this Agreement.
2.0 Services provided by the City.
2.1 The City agrees to provide supplemental police services within the areas of the
City of Boynton Beach known as the Heart of Boynton District and the Central Business District.
2.2 The City agrees the services to be provided by assigned personnel under the
Contract are supplemental and in addition to baseline police services.
2.3 The duties and extent of services of the assigned personnel shall include, but shall
not be limited to:
(a) The City, by and through its police department, will provide a minimum of
five (5) sworn officers (one police sergeant and four police officers), as assigned
by the Chief of Police, with three (3) marked cars and three (3) patrol bikes to
perform directed patrols to enforce all state and local laws with the Districts.
Page 1
(b) Sworn Officers shall at all times remain subject to the police department's
chain of command and under police department rules, regulations. and standard
operating procedures.
(c) All officers and equipment will be outfitted with the logo of the eRA to
visually identify the enforcement teams as CRA.. dedicated police units.
Uniforms. logos and other identifying materials, equipment, or features shall be
subject to the final approval of the Chief of Police of City.
(d) While the CRA Special Units are within the CRA boundaries performing
under the terms of this Agreement. said units shall be separate from general
rotation and non-emergency calls in other parts of the City.
(f) The City will provide the CRA units with crime analysis and intelligence
information consistent with that provided to other patrol units within the police
department. This information along with requests for supplemental patrol in a
particular area or for a special evcnt rcceived from the Executive Director of the
eRA or her designee will be used to determine the geographic and temporal
deployment of the eRA units.
(g) It is further agreed that. to the extent necessary, the assigned personnel
will appear as \vitness in civil dispositions. or other civil or court proceedings
where the issue includes criminal or quasi-criminal conduct within the Districts.
(h) The CRA unit supervisor will submit a weekly activity report to the Chief
of Police and to the Executive Director of the CRA, The report will indicate the
areas and times of deployment during the week, any special events in which the
unit participated. and any significant incidents which should be brought to the
attention of the police department and the CR>\.. The forn1 and content of the
report can be altered as needed to meet the needs of the City or the CR'\.
(i) The City agrees it will provide the assigned personnel with such basic
equipment, at CRA's cost and expense. as may be necessary and reasonable in
order to allow the police officers to carry out the duties anticipated under this
Agreement.
(j) The police department of the City will, at all times, provide supervision.
control and direction of work activities and assignments of police personnel.
including disciplinary actions. It is expressly understood the police department
shall be responsible for the compensation of the officers and all employee
benefits. as well as any injury to officer. their property, or the City's property
while on the CRA's property and acting within the course and scope of their
employment. The day to day operations of the unit will be under the supervision
of the assigned sergeant. The assigned sergeant will report to the command
officer so designated by the chief of police.
Page :::
3.0
Services provided by the CRA.
3.1
equipment:
The CRA will provide the following in-kind accommodations, serVIces, and
(a) Accommodations. The CRA may provide office and storage space for the police
unit if such space is available. In the event office or storage space is provided the CRA
will be responsible for all utilities and expenses associated with the space.
(b) Equipment. Any specialized police equipment including but not limited to
weapons, uniforms, bicycles and vehicles purchased by the CRA pursuant to this
agreement will become the property of the City upon termination of this agreement.
(c) Modification/Damage. The CRA will make reasonable modifications to the
Equipment provided in order to meet the City's operational needs. Any damages to the
unit or equipment which are in excess of normal wear for the particular item or
Equipment, and which damage is caused by the City or its employees shall be repaired or
replaced by the City.
(e) Equipment Budget. Starting in 2008, on an annual basis the parties, through the
Chief of Police or his designee and the CRA Executive Director, agree to discuss a
proposed Equipment budget for the upcoming budget year. This Equipment budget shall
include new Equipment, replacement Equipment, maintenance costs for Equipment, and
operation costs for Equipment (including gasoline). The projected Equipment costs,
including maintenance and operation may be reflected in a mutually agreed upon
extension to this Agreement. The parties acknowledge and understand that throughout the
term of this Agreement and any extension thereof, Equipment may be in need of
replacement. In addition to the projected Equipment costs for the Equipment set forth in
Exhibit liB", subject to the prior approval of the CRA Executive Director, City may
purchase up to $20,000 in necessary new or replacement Equipment.
4.0 Enforcement of Rules and Regulations. The authorization of the City's police
officers to enforce the laws of the United States, the State of Florida, Palm Beach County, and
the City of Boynton Beach are unaffected by the terms of this Agreement. Nothing contained
herein shall be construed as permitting or authorizing City police officers to use any method or to
act in any manner in violation of law or of their sworn obligation as police officers.
5.0 Communications. The City agrees that the CRA will have access to all public
information not exempt from disclosure under Chapter 119, Florida Statutes, which in any way
deals with criminal activity in any of the CRA's communities covered by this Agreement. It is
further agreed that, upon request and at the statutory rate, the City police department will provide
to the CRA copies of such incident reports, arrest reports, or other public documents which
document or substantiate actual or potential criminal activity in or connected with the Districts.
Page 3
6.0 Plan of Operation. The Plan of Operation for supplemental police services
within the District shall be as set forth in the Index Codes for the City Police Department vvhich
are incorporated herein and in the document entitled, "Plan of Operations for eRA Special
District Officers", is attached hereto and incorporated herein as Exhibit "C". If during the term
of the Agreement either party desires to amend the scope of the Plan of Operation, either party
may request, for consideration by the other party. an amendment in writing.
7.0 Term of Contract. The term of this Contract shall begin on . 2007.
and end September 30, 2008. subject to annual renewal upon the mutual agreement of the parties,
The parties understand that on an annual basis the contract amount under this Agreement may
vary based on the negotiation and agreement of the costs to the City to provide services under
this Agreement and the costs of new and replacement Equipment.
8.0 Compensation to the City. For services provided, CRA shall compensate the
City as follows:
8.1 CRA, shall pay City on a monthly basis for services provided at the rate equal to
the costs to the City for one (1) police sergeant and four (4) police officers which at the time of
this original agreement was drafted is approximately $388,794.00, The City will provide the
CRA with an invoice indicating the monthly compensation, benefits and expenses paid to the
officers and sergeant assigned to the CRA police unit. Compensation, benefits and expenses
include all expenditures on the part of the city associated with employing the member.
8.2 Any overtime incurred by an officer or sergeant assigned to the eRA unit \vill be
paid by the CRA. The City will provide the CRA with a report of overtime hours on a monthly
basis along with an invoice requesting payment. Any invoices provided to the CRA will be paid
by the CRA within 15 days of receipt thereof.
8.3 Upon signing this agreement the CRA agrees to pay to the City the sum of
$45.455.00 for the purchase of police equipment for the CRA assigned officers and sergeant.
8.4
$130,830.00
sergeant.
Upon signing this agreement the CRA agrees to pay to the City the sum of
for the purchase of vehicles to be utilized by the CRA assigned ot1Jcers and
8.5 Upon signing this agreement the CRA agree to pay to the City the sum of
$8.784.00 for the purchase of patrol bicycles to be utilized by the CR.!\. assigned officers and
sergeant.
8.6 On a monthly basis throughout the term of this Agreement, City shall provide
CRA with an invoice indicating any equipment reimbursement costs incurred by the City in
accordance with this Agreement. CRA shall pay each invoice and any balance due City y,ithin
fifteen days of receipt thereof.
9.0 Termination.
Page 4
9.1 The CRA may terminate this Agreement upon ninety (90) days written notice to
the City. Such notice shall be delivered by Certified Mail, Return Receipt Requested, to the
address specified in section 10.0
9.2 The City may terminate this Agreement upon ninety (90) days written notice to
the CRA. Such notice shall be delivered Certified Mail, Return Receipt Requested to the address
specified in section 10.0.
10.0 Notices. Any notices required pursuant to the terms of this Agreement shall be
sent by Certified Mail, Return Receipt Requested, to the principal place of business of each of
the parties hereto, as specified below:
CRA:
CRA Executive Director
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach, Florida 33435
CITY:
City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
And to:
Police Chief
City of Boynton Beach Police Department
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
11.0 Construction of Laws. The Agreement shall consist of this Agreement and any
subsequent written addenda agreed upon by both parties.
12.0 Severability. If any provision of this Agreement or application thereof to any
person or situation shall to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable shall not be affected thereby, and shall
continue in full force and effect, and be enforced to the fullest extent permitted by law.
13.0 Modification of Agreement. This Agreement may be modified upon mutual
consent of the parties only in writing, and executed by the City Manager of City and the CRA
Executive Director.
14.0 Binding Authority. Each person signing this Agreement on behalf of either
party individually warrants that he or she has full legal power to execute this Agreement on
behalf of the party for whom he or she is signing, and to bind and obligate such party with
respect to all provisions contained in this Agreement.
Page 5
15.0 Governing Law. This Agreement shall be governed by the laws of the State of
Florida. with venue lying in Palm Beach County. Florida.
IN WITNESS OF THE FOREGOING. the parties have set their hands and seals the
day and year first written above.
Signed and Seal and Witnessed
in the presence of:
CITY OF BOYNTON BEACH. FL
Witness
City Manager
Witness
ATTEST:
Approved as to Form
Witness
City Attorney
Witness
Chair of the CRA
Page 6
VI.-CONSENT AGENDA
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl! Dates in to Citv Clerk's Office Meetinl! Dates in to Citv Clerk's Office
D August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1,2007 (Noon
0 September 4, 2007 August 20,2007 (Noon) D November 7. 2007 October 15, 2007 (Noon)
0 September 18, 2007 September 3, 2007 (Noon) ~ November 20, 2007 November 5, 2007 (Noon)
0 October 2. 2007 September 17,2007 (Noon) 0 December 4, 2007 November 19.2007 (Noon)
0 Ann ouncements/Presentati ons 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approval of the agreement between the City of Boynton Beach and the
Cantebury at Quantum Village Owners Association of Palm Beach, Inc. to provide for police
enforcement oftraffic violations on private and limited access roads within the Association's area of
control.
EXPLANATION: Florida State Statute Section 316.006(1 )(b) provides that a municipality may exercise
jurisdiction over any private roads if the municipality and the party owning or controlling the private
roads enter into a written agreement providing for such jurisdiction. This agreement provides the police
department with the required authority to enforce state and local traffic regulations on the roadways
within the Cantebury development. The agreement does not obligate the department to any level of
traffic enforcement activity. Additionally, the HOA will be required to bring any of its traffic control
devices (signs or lights) into compliance with the USDOT Manual on Uniform Traffic Control Devices
for Streets and Highways. The City has entered into these types of agreements with many of the HOAs.
PROGRAM IMPACT: This agreement will not impact the operations of the police department or any other
department within the city.
FISCAL IMPACT: None
ALTERNATIVES: Not to enter into the agreement.
'atII~.
nent Head's Signature
ity Manager's Signature
~
Assistant to City Manager
Department Name
S:IBULLETINIFORMS\AGENDA ITEM REQUEST FORM.DOC
"
~
"tity Attorney 1 Finance
1
2
RESOLUTION R07-
,
-'
4
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT
FOR TRAFFIC ENFORCEMENT BETWEEN THE
CITY OF BOYNTON BEACH, FLORIDA AND
CANTERBURY AT QUANTUM VILLAGE
PROPERTY OWNERS ASSOCIATION OF PALM
BEACH, INC.; AND PROVIDING AN EFFECTIVE
DATE.
5
6
7
8
9
10
11
12
13
14
15
WHEREAS, Canterbury At Quantum Village Property Owners Association Of Palm
16
Beach, Inc., (hereinafter referred to as "Association") owns or controls certain private roads
17
lying and being in the City of Boynton Beach, Florida; and
18
WHEREAS, Association does not have the power to enact or enforce traffic laws
19
within the Association, nor can it hire others with police power to do so; and
20
WHEREAS, pursuant to Chapter 3J 6.006(1 )(b), Florida Statutes, the Association
21
hereby grants to the City of Boynton Beach, municipal traffic control jurisdiction over all
:: II
2J
those certain private roads in said Association.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
26
being true and correct and are hereby made a specific part of this Resolution upon adoption
271
28
hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida does
29 hereby authorize and direct the Mayor and City Clerk to execute the Agreement for Traffic
30 Enforcement between the City of Boynton Beach, Florida and Canterbury At Quantum Village
Property Owners Association Of Palm Beach, Inc., a copy of which is attached hereto as
2 Exhibit "A".
3
Section 3.
This Resolution will become effective immediately upon
4 passage.
5 PASSED AND ADOPTED this _ day of November, 2007.
6
7
8 CITY OF BOYNTON BEACH, FLORIDA
9
10
11 Mayor - Jerry Taylor
12
13
14 Vice Mayor - Jose Rodriguez
15
16
17 Commissioner - Ronald Weiland
18
19
20 Commissioner - Woodrow L. Hay
21
22
23 Commissioner - Marlene Ross
24 ATTEST:
25
26
27
28 Janet M. Prainito, CMC
29 City Clerk
30
31
32
33 (Corporate Seal)
34
35
36
37 S:ICA IRESO\AgreementslBBPDlCanterbury Traffic Enforcement.doc
2
AGREEMENT
THIS AGREEMENT is entered into, this _ day of
between:
, 2007, by and
CITY OF BOYNTON BEACH, FLORIDA, a municipal
corporation organized and existing under the laws of the State of
Florida, with a business address of 100 East Boynton Beach
Boulevard, Florida 33455, hereinafter referred to "CITY,"
and
CANTERBURY AT QUANTUM VILLAGE PROPERTY
OWNERS ASSOCIATION OF PALM BEACH, INe.,
("Development"), having a business address of c/o CAMS, 314
N.E. 3rd Street, Boynton Beach, FL 33435, hereinafter called
"ASSOCIATION. "
WHEREAS, CITY recognizes that it has full power and jurisdiction to patrol on private
property to enforce all of the laws of the nation, state, county and city, duly enacted, excluding
those of traffic control and enforcement; and
WHEREAS, ASSOCIATION specifically recognizes the above; and
WHEREAS, ASSOCIATION wishes to grant CITY the authority to exercise jurisdiction
for traffic regulation purposes over any private or limited access road or roads of specified
private segments of the ASSOCIATION, pursuant to S316.006(b) Florida Statutes;
WITNESSETH:
NOW, THEREFORE, for and in consideration of the mutual covenants and
undertakings of the parties hereto, and other good and valuable considerations, the parties hereto
covenant and agree, each with the other as follows:
1.0 Ratification. The foregoing preamble is hereby ratified and confirmed as true
and correct and incorporated herein.
2.0 Recognition of Jurisdiction. The ASSOCIATION hereby recognizes the
jurisdiction of CITY over any private or limited access road or roads within the property
indicated on the map attached hereto as Exhibit "A," for traffic control purposes.
3.0 The ASSOCIATION shall provide CITY with a Resolution of the
ASSOCIATION attached as Exhibit "B", evidencing the ASSOCIATION's desire for CITY's
services hereunder and authorizing the ASSOCIATION, via its President, to enter into this
Agreement.
S:ICA \AGMTSITraffic EnforcementlCanterbury @ Quantum.doc
Page]
4.0 Exercise of Jurisdiction. The CITY hereby agrees to exercise jurisdiction for
traffic control purposes over any private or limited access road or roads within the property
within the Development listed on attached Exhibit "A."
4. 1. The City of Boynton Beach Police Department agrees to provide a minimum
base level of traffic enforcement service on all those certain private roads in the Development
identified in Exhibit "A."
4.2.The level of service provided by the CITY shall be determined solely by the
Boynton Beach Chief of Police and shall be based upon the availability of police personnel.
4.3.The Police Department shall choose the hours and days of operation, but
these choices shall be based upon information from ASSOCIATION and the observations of the
Boynton Beach Police Department and Public Works Department.
5.0 Signs and Markings. In order to permit CITY to perform pursuant to the terms
of this Agreement, and to ensure appropriate jurisdictional and enforcement authority:
5.l.All traffic control devices on and along the private or limited access roads
within the Development identified in Exhibit "A" must conform to the requirements contained
in the United States Department of Transportation Manual on Uniform Traffic Control Devices
for Streets and Highways (the "MUTCD") and CITY Engineering Standards. The determination
as to whether signs or other traffic control devices meet the installation requirements and/or
conform to the MUTCD and CITY Engineering Standards, shall be made solely by CITY. The
CITY may conduct any necessary traffic engineering studies to determine appropriate regulatory
traffic control within the ASSOCIATION.
5.2.In the event ASSOCIATION has installed traffic calming devices that do not
conform with existing CITY and MUTCD standards, on or along the private or limited access
roads within the Development identified in Exhibit "A," such as speed humps and/or speed
bumps, ASSOCIATION shall, at its sole expense, cause such devices to be removed within thirty
(30) days of execution of this Agreement if CITY so requests or a traffic engineering study
determines that the existing traffic calming devices are not warranted. Further, ASSOCIATION
shall not install any traffic calming devices on or along its private or limited access roads during
the term of this Agreement without the express written consent of the City of Boynton Beach
Public Works Department.
5.3.ASSOCIATION shall purchase and install all signs, signage, posts, pavement
markings, and other necessary traffic control, as prescribed by the CITY, as necessary for traffic
control purposes. Should CITY determine that traffic-calming measures are appropriate,
ASSOCIATION shall incur all costs of designing and installing such measures. ASSOCIATION
shall be responsible for maintenance of any traffic control devices and traffic calming measures
necessary or desirable for the enforcement of traffic laws.
6.0 Insurance. The ASSOCIATION agrees to maintain insurance under its general
liability policy for all actions arising out of or in any way connected to this Agreement under
minimum policy limits of $1,000,000. Proof of insurance shall be provided to the City Risk
S:ICA\AGMTSITraffic EnforcementICanterbury@Quantum.doc
Page 2
Manager upon execution of this Agreement.
7.0 Gated Entrances. In the event access to any portion of the ASSOCIATION's
private or limited access roads is through a gate, ASSOCIATION shall take steps to ensure
access by means other than gate codes, such as siren activated gates, Knox Box, or by bar-coding
of vehicles, so as to permit uninhibited access by authorized police vehicles and prevent any
delay in access to ASSOCIATION property. ASSOCIATION shall provide gate access codes to
the Public Works Department for purposes of conducting traffic engineering analyses.
8.0 Term. The term of this Agreement shall be five (5) years, effective on the date of
execution, provided that either party may terminate this Agreement without penalty upon sixty
(60) days notice by notifying the opposite party in writing of its intention to do same.
9.0 General Law Enforcement Jurisdiction. ASSOCIATION recognizes the
authority of CITY to patrol on private property, including ASSOCIATION's property, to enforce
all laws of the nation, state, county and city other than for traffic control purposes, and same is
done by Boynton Beach Police Department and other appropriate law enforcement agencies
pursuant to law, and not through this or any other Agreement.
10.0 Notices. All notices which shall or may be given pursuant to this Agreement
shall be in writing and delivered personally or transmitted (a) through the United States mail, by
registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service;
or (c) by facsimile or email transmission, if a hard copy of the same is followed by delivery
through the U.S. mail or by overnight delivery service as just described, addressed as follows:
To CITY:
Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425
Telephone No. (561) 742-6010
Facsimile No. (561) 742-6011
with a copy to:
G. Matthew Immler, Chief of Police
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
Telephone No. (561) 742-6100
Facsimile No. (561) 742-6185
To ASSOCIATION:
Canterbury at Quantum Village Property Owners Association
of Palm Beach. Inc.
clo CAMS
314 N.E. 3rd Street
Boynton Beach, FL 33435
Telephone No. (561) 738-0061
Facsimile No. (561) 738-6252
Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after
deposit in the mail, or the next business day in the case of facsimile, email, or overnight delivery.
Either party may from time to time designate any other address for this purpose by written notice
S:ICA\AGMTSITraffic EnforcementlCanterbury @ Quantum.doc
Page 3
to the other party delivered in the manner set forth above.
11.0 Severability. If any provision of this Agreement or application thereof to any
person or situation shall to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable shall not be affected thereby, and shall
continue in full force and effect, and be enforced to the fullest extent permitted by law.
12.0 Modification of Agreement. This Agreement may be modified upon mutual
consent of the parties only in writing, and executed with the same dignity herewith.
13.0 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.
14.0 Binding Authority. Each person signing this Agreement on behalf of either
party individually warrants that he or she has full legal power to execute this Agreement on
behalf of the party for whom he or she is signing, and to bind and obligate such party with
respect to all provisions contained in this Agreement.
15.0 Governing Law. This Agreement shall be governed by the laws of the State of
Florida, with venue lying in Palm Beach County, Florida.
16.0 Additional Terms upon Modification or New Agreement. Nothing herein shall
preclude the parties from modifying this Agreement during the term of such, or, upon completion
of the term, entering into another Agreement, to provide for additional or revised terms.
IN WITNESS WHEREOF, CITY and ASSOCIATION have executed this Agreement
by their duly authorized officers, this _ day of ,2007.
CITY OF BOYNTON BEACH
BY:
ATTEST:
MA YOR
BY:
CITY CLERK
APPROVED AS TO FORM:
BY:
OFFICE OF THE CITY ATTORNEY
S:ICA\AGMTSITraffic Enforcement\Canterbury@ Quantum.doc
Page 4
CANTERBURY AT QUANTUM VILLAGE
PROPERTY OWNERS ASSOCIATION OF
PALM BEACH, INC.
BY:
STATE OF FLORIDA
\
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)
)
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments,
personally appeared, GAIL GRAY, as President of CANTERBURY AT QUANTUM VILLAGE
PROPERTY OWNERS ASSOCIATION OF PALM BEACH, INC., on behalf of and duly
authorized to execute the same, and acknowledged he executed the foregoing Agreement for the
use and purposes mentioned in it, and who is personally known to me or has produced
F J-......, J.R- .Q.l.-,'\.k..- J-, ''-''''~U<.- as identification.
j
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in
the State and County aforesaid on this/317- day of F T (,..AnI <- , 2007.
-') -
o/:r~ilf2(=)--'
NOTARY PUBLIC
My Commission Expires:
,._UII,
",.~y.f~ POLLY A. WILLIS
~~ \.\ MY COMMISSION # DO 293539
: j/ EXPIRES: February 23. 2008
,." Bonded Thru Notal)' Public Underwriters
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EXHIBIT "A"
DIAGRAM AND DESCRIPTION OF ASSOCIATION PROPERTY
CONTAINING THE SUBJECT PRIVATE ROADS
S:ICA\AGMTSITraffic EnforcementlCanterbury @ Quantum.doc
Page 6
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ASSOCIATION'S AUTHORIZATION TO ENTER
INTO THIS AGREEMENT
S:ICA\AGMTSITraffic EnforcementlCanterbury @ Quantumdoc
Page 7
CANTERBURY AT QUANTUM VILLAGE
ASSOCIA TrON, INC.
MEETING MINUTES
April 19th 2007
A regularly scheduled meeting of the Board of Directors of Canterbury at Quantum Village
Association Inc., a not-for-profit organization was held on Thursday April 19th, 2007 at the
Canterbury Community Pool.
Directors Present
Jill Selkowitz
Gail Gray
Directors Absent
Curtis Azama
Also present was Lisa Sailing from CAMS
The meeting was called to order at 5:10 p.m.
MINUTES: Gail made a motion to waive the reading and approved the minutes of the
previous meeting. The motion was passed all in favor.
MANAGEMENT: Management provided Jill with Rust Control, Siegfried, Chammps Pool
contracts .
NEW BUSINESS: Gail made a motion to amend the3 by-laws to state that the board Vlill be
no less than 3 members and no more than 5. The motion passed all in favor.
Gail made a motion to withhold approval or rejection of the King's Wrecker contract until
she could review. Once Gail reviews the contract it will be accepted.
Jill made a motion to send all homeowners to emphasize the tow policy that will continue to
be in effect prohibiting parking in the streets or on the grass areas. Vehicles will be towed
without additional warnings. The motion passed all in favor.
J ill made a motion to remove Brad Stankowski from al committees due to verbal threats and
threatening behavior to another Board member. The motion passed all in favor.
~ Gail made a motion to involve the Boynton Beach P.D. in monitoring the community for
. moving violations, surveillance etc, The motion passed all in favor.
Jill made a motion to be reimbursed for the cost of installing surveillance equipment in her
home. Motion was tabled for additional information
Gail made a motion to adjourn meeting. The motion passed all in favor.
There being no other business brought before the board the meeting was adjourned at 6: 15
p.m..
The next Board meeting for Canterbury at Quantum Village will be held Thursday May 25th
2005 at 901 Northpoint Parkway suite 307 West palm Beach Fl. 33407
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VI.-CONSENT AGENDA
ITEM C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Tumed
Meetinl! Dates in to City Clerk's Office
0 August 21,2007 August 6,2007 (Noon.) 0
0 September 4, 2007 August 20, 2007 (Noon) 0
/-=) 0 September 18, 2007 September 3, 2007 (Noon) ~
0 October 2, 2007 September 17, 2007 (Noon) 0
Requested City Commission Date Final Form Must be Tumed
Meetinl! Dates in to City Clerk's Office
October 16,2007 October 1,2007 (Noon
November 13,2007 October 15,2007 (Noon)
November 20,2007 November 5, 2007 (Noon)
December 3, 2007 November 19,2007 (Noon)
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NATURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
[gI Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
o City Manager's Report
o New Business
o Legal
o Unfmished Business
o
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RECOMMENDATION:
Motion to approve Amendment to April 5, 2005 Construction Contract between the City of
Boynton Beach, a municipal corporation of Florida, hereinafter called the "CITY" and South East
Drilling Services, Inc., hereinafter called "SED".
The Contract for Construction Services is for the East Plant Expansion Test Wells and Aquifer
Storage and Recovery Well Two, Bid NO. 016-2821-005/JA; Project No. WTR093 and WTRI08
("Contract").
EXPLANATION:
During the course of this Contract, the City elected to delete some of the original bid items. SED
requested additional compensation for the deleted bid items. SED's request was denied.
Near the conclusion of the Contract, SED submitted a Request For Equitable Adjustment to
compensate for, what SED believes to be, equitable compensation for the work performed and
work NOT performed. Through negotiations the CITY and SED have agreed to put the dispute
about payment aside to facilitate closeout of the Contract.
PROGRAM IMPACT:
The execution of the Amendment allows the CITY and SED to proceed to close out the Contract,
while each party reserves any of their respective claims and defenses.
F:\Projects\WTP-E\ASR-2WRF SED Contract Amendment (11-1-07).doc
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT:
As detailed in the Amendment, execution of the Amendment will allow the City to release all
earned retainage to SED as the City and SED continue to work towards resolution of the SED
Request For Equitable Adjustment.
AL TERNA TIVES:
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From all cur~r. D. I spectives, lbere is DO all ernative.
~ ~~ 0-
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. Kofi a eDg . -, ')
Utilities Director
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Kurt Bressner,
City Manager
~
Utilities
Department Name
Attachments:
· Amendment To Construction Contract (3 originals)
· Field Change Directive No. 20 (and all attachments)
· Field Change Directive No. 37 (and all attachments)
· Field Change Directive No. 38 (and all attachments)
· SED letter dated October 23, 2007
· SED Application For Payment No. 16 10/22/07
bc: Kofi Boateng, P.E., Utilities Director
Pete Mazzella, Deputy Utilities Director
Chris Roschek, P.E., Engineering Division Manager
Paul Fleming, PMP, Sr. Project Manager
Barb Conboy, Manager, Utilities/Admin & Finance
PMT File
FIProjects\WTP-E\ASR-2\AIRF SED Contract Amendment (I1-1-07).doc
Carisse LeJeune,
Assistant to City Manager
~
City Attorney/Finance
1
2 RESOLUTION NO. R07
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING AND AUTHORIZING THE MAYOR
7 AND CITY CLERK TO EXECUTE AN
8 AMENDMENT TO THE CONSTRUCTION
9 CONTRACT BETWEEN THE CITY OF BOYNTON
10 BEACH AND SOUTH EAST DRILLING SERVICES,
11 INC., FOR THE EAST PLANT EXPANSION TEST
12 WELLS; AND PROVIDING AN EFFECTIVE DATE.
13
14 WHEREAS, during the course of this Contract, the City elected to delete some of
15 the original bid items; and
16 WHEREAS, a dispute regarding payment for what SED believes to be equitable
17 compensation for the work performed and work not performed has arisen; and
18 WHEREAS, the execution of the Amendment allows the CITY and SED to
19 proceed to close out the Contract, while each party reserves any of their respective claims
20 and defenses; and
21 WHEREAS, the City Commission of the City of Boynton Beach, upon
22 recommendation of staff, deems it to be in the best interests of the residents and citizens
23 of the City of Boynton Beach to approve the Amendment to Construction Contract
24 between the City of Boynton Beach and South East Drilling Services, Inc.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
26 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
28 as being true and correct and are hereby made a specific part of this Resolution upon
29 adoption.
30 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
31 approves and authorizes the Mayor and City Clerk to execute an Amendment to
S:\CA\RESO\Agreements\SED Amendment ASR2.doc
6
7
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12 I
13
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34
~~ II
37 II
II
I
I
Construction Contract between the City of Boynton Beach and South East On lIing
2 Services, Inc., a copy of said Amendment to Construction Contract is attached hereto as
3 Exhibit "A".
4
Section 3.
That this Resolution shall become effective immediately.
5
PASSED AND ADOPTED this ~_ day of November, 2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor ~ Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S:\CA\RESOlAgreements\SED Amendment ASR2.doc
AMENDMENT TO CONSTRUCTION CONTRACT
This Amendment dated the _ day of October, 2007 to that certain
Construction Contract dated April 5, 2005 by and between the City of Boynton Beach, a
municipal corporation of Florida, hereinafter called the "CITY" and South East Drilling
Services, Inc., hereinafter called "SED".
WHEREAS, on or about April 5, 2005, CITY and SED entered into a Contract for
Construction Services for the East Plant Expansion Test Wells and Aquifer Storage and
Recovery Well Two, Bid NO. 016-2821-005/JA; Project NO. WTR093 and WTR108
("Contract"); and
WHEREAS, the project has been certified as being substantially complete on May
9,2007; and
WHEREAS, on April 27, 2007, SED, through its counsel, Broad & Cassel,
submitted a Request for Equitable Adjustment; and
WHEREAS, a dispute exists between the CITY and SED relative to the request
for equitable adjustment and other items including the CITY's claim for liquidated
damages of $56,000.00, field change directive (FCD) NO. 20, (FCD) NO. 37 and (FCD)
NO. 38 which has interfered with the parties' ability to close out the Contract; and
WHEREAS, the Contract does not authorize submission of rec;lline applications
for payment; and
WHEREAS, the parties desire to amicably resolve certain issues, while reserving
any and all rights either party may have under the Contract; and
NOW THEREFORE, in consideration of the mutual promises, undertakings and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. The aforementioned "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct.
2. This Agreement is entered into with a full reservation and without
prejudice to any right either party may have under the Contract or as otherwise provided
by law. In order to close out the Contract, the parties agree as follows:
a. The parties will execute (FCD) NO. 20. The Contract amount will
therefore be reduced by $9,088.65. A copy of (FCD) NO. 20 is
attached hereto as Exhibit "A."
b. The parties will execute (FCD) NO. 37. A copy of (FCD) NO. 37 is
attached hereto as Exhibit "B." The parties agree that the total value
Page 1 of3
of work for (FCD) NO. 37 is $33,396.00. The CITY has agreed to a
Contract time extension of 14 days. SED disagrees with the 14 day
extension granted by CITY, and reserves the right to contest this
determination.
c. The parties will execute (FCD) NO. 38, a copy of which is attached
hereto as Exhibit "c." (FCD) NO. 38 seeks to impose liquidated
damages of $56,000.00 against SED in accordance with the Contract.
which SED contests.
3. The parties will execute the Application and Certificate for Payment No.
16, a copy of which is attached hereto as Exhibit "D." The Engineer's certificate for
payment is without prejudice to any and all rights the CITY may have in accordance with
the Contract. The Engineer's certificate merely establishes that SED has satisfied the
technical requirements of the Contract. Engineer has certified to the CITY that the
quantities are accurate and therefore SED is entitled to payment for the Contract items set
forth therein. The CITY's payment to SED in accordance with the application for
payment, including but not limited to release of the retainage is without prejudice to the
CITY's rights under the Contract and otherwise as provided for by law.
4. In executing this Amendment to Construction Contract SED and CITY
reserve all rights to claims and defenses to such claims not previously waived pursuant to
the Contract or otherwise by law, and the parties agree that the execution of this
agreement or the execution of the three FCD's referenced in paragraph two above shall
not act as a waiver of any such claim, right or defense.
5. To the extent not amended herein, the Contract documents remain in full
force and effect.
CITY
ATTEST:
BY:
GERALD TAYLOR, MAYOR
JANET PRAINITO, CITY CLERK
APPROVED AS TO FORM.
KERRY L. EZROL, ASSISTANT CITY ATTORNEY
Page 2 of3
C:IDocuments and SettingslSonya ZieglerlLocal SettingslTemporary Internet FileslContent.lE51SDHGJ8TSIAMENDMENT TO
AGREEMENT. doc
WITNESSES:
CONTRACTOR
Southeast Drilling Services, Inc.
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ATTEST:
SEC~ fl. ~~
STATE OF FLORIDA )
)SS
COUNTY OF BROW ARD )
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared \ 0 h (wall? ( as V{ 2S I de n+
of South East Drilling Services, Inc. and ackna{vledged they executed the foregoing
Agreement as the proper official of CONSULTANT, for the use and purposes mentioned in
it and that the instrument is the act and deed of CONSULTANT.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in
the State and County aforesaid on this \ S day of c~)\').e I( , 2007.
,~ r
O:1{'~ V diC.Lq <\ Of;\. ~
NOTARY PUBLIC
-
.P.''''''' TINA P. GARRISON
~ MY COMMISSION # DD254597
'\';...:; EXPIRES: January 19,2008
Page 3 of3
G:\SEDIPROJECTS\Boynton Beach\AMENDMENT TO AGREEMENT.doc
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Utilities Department
City Of Boynton Beach
Project Management Team
Field Change Directive
Project :
To:
East Plant Expansion Test Wells and Aquifer
Storage and Recovery Well Two
Southeast Drilling, Inc.
P. O. Box 271723
Tampa, FL 33688
FCD Number:
Purchase Order No. :
Initiation Date:
Contract Date:
Original Sub Con Date:
20 (Twenty)
051206
3/14/06
4/5/05
3/5/06
Engineer: David Smith, CH2M Hill
You are directed to make the following changes in this Contract.
Design Drawing Attached:
Yes 0
N 0 t:8:l
Item Description of Work Cost Time
1 Deductive FCD for EPX MW-2 Verticality issues (additional CH2M Hill ($9,088.65) Zero
time, see attached Reoort),
Yes t:8:l
Yes [8J
No 0
No 0
En
The TOTAL cost of this work is :
The Contract Time will be increased b
The Date of Pro'ect Substantial Com letion date is :
Not valid until signed by the Engineer, Contractor and Project Manager. Signature of the Contractor
indicates his agreement herewith, including Cost and Time impacts.
Contractor
Southeast Drilling, Inc.
P. O. Box 271723
Tampa, FL 33688
B:
En ineer
CH2M Hill
800 Fairway Dr., Suite 350
Deerfield Beach, FL 33441
B:
Owner's Re resentative
Utilities Department
124 East Woolbright Road
Boynton Beach, FL 33425
ion (1 original for each) :
Contractor [8J
Engineer [8J
Owner's Representative t:8:l
MEMORANDUM
CH2MHILL
Additional Time spent on Verticality Issue for MW-2
in the Boynton Beach EPX Project
FROM:
Paul Fleming/Boynton Beach
Dave Smith/ DFB
Mark Schilling/DFB
DATE: November 30, 2005
TO:
PROJECT NUMBER: 321891.10.LB
The following is a chronological record of the additional time spent dealing with the
verticality issue in the City of Boynton Beach's EPX Project MW-2. We have listed the date
along with the activity conducted. The accompanying table summarizes total additional
costs incurred.
July 19, 2005 - Discovered deviation surveys are out of spec. Mark Schilling on site
supervising additional sure shot surveys and issues discussed between David Smith, Mark
Schilling and Sean Skehan.
July 20, 2005 - In office discussions with David Smith, Mark Schilling, Sean Skehan, Paul
Fleming, and Bart Ziegler as to a resolution of issue.
July 21, 2005 - Further discussions with Paul Fleming, David, and Bart to discuss issue of
deviation.
July 25, 2005 - Mark Schilling and Dave Smith (part time) on site overseeing the
conductance of the magnetic deviation log.
July 26, 2005 - Discussions in office with all parties to interpret log and determine the next
action plan.
July 27 through July 29 - Mark Schilling in the office conducting administrative functions
which would have otherwise been conducted while undertaking on site field oversight.
August 1 - Installation of 16-inch casing aborted, therefore additional supervision time
incurred.
August 2 through August 5 - Mark Schilling in the office conducting administrative
functions which would have otherwise been conducted while undertaking on site field
oversight.
August 8 through August 10 - Mark Schilling in the office conducting administrative
functions which would have otherwise been conducted while undertaking on site field
oversight.
DFB/BBEPX. MW-2 VERTICALITY COSTS.DOC
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Utilities Department
City Of Boynton Beach
Project Management Team
Field Change Directive
Project:
To:
East Plant Expansion Test Wells and Aquifer
Storage and Recovery Well Two
Southeast Drilling, Inc.
P. O. Box 271723
Tampa, FL 33688
FCD Number:
Purchase Order No. :
Initiation Date:
Contract Date :
Original Sub Con Date:
37
(Thirty-Seven)
070636
3/14/06
4/5105
3/5/06
Engineer: Gerrit Bulman, CH2M Hill
You are directed to make the following changes in this Contract.
Design Drawing Attached:
Yes 0
No 1ZI
Item Description of Work Cost Time
1 Modifications to the ASR2 piping, pipe supports, wellhead and other
miscellaneous items per the attached SED CPR No. 44 (dated $33,396.00 14 days
7/15/07).
Contin enc
$33,396.00
14 Da s
4/10107
The TOTAL value of this work is:
The Contract Time will be increased b
The Date of Pro'ect Substantial Com letion date is :
$623,682.16
$33,396.00
-$657,078.16
$858,455.25
$201,377.09
Not valid until signed by the Engineer, Contractor and Project Manager. Signature of the Contractor
indicates his agreement herewith, including Cost and Time impacts.
Contractor
Southeast Drilling, Inc.
P. O. Box 271723
Tampa, FL 33688
En ineer
CH2M Hill
800 Fairway Dr., Suite 350
Deerfield Beach, FL 33441
B:
Owner's Re resentative
Utilities Department
124 East Woolbright Road
Boynton each, FL 33425
B: ...
ution (1 original for each) :
Contractor 1ZI
Engineer 1ZI
Owner's Representative 1ZI
Page 1 of 1
Utilities Department
City Of Boynton Beach
Project Management Team
Field Change Directive
Authorization Form (Over $10,000)
Project:
Contractor:
Engineer:
EPX Test Wells & ASR2
Southeast Drilling, Inc.
Gerrit Bulman, CH2M Hill
FCD Number:
Purchase Order No.:
Date Submitted for Approval:
37
(Thirty-Seven)
070636
1/30/07
Item Description of Work Cost Time ---,
i
1 Modifications to the ASR2 piping, pipe supports, wellhead and other I
miscellaneous items per the attached SED CPR No. 44 (dated $33,396.00 14days i
7/15/07).
I The cost of this work is: I
I The ASR2 component of the Contract Time will be increased by (# of days): ,
$33,396.00 ~
14 Days
Contin enc
$623,682.16
$33,396.00
-$657,078.16
$858,455.25
$201,377.09
Date
7/25/07
7/25/07
-~
---l
Field Change Directives over $10,000 are NOT authorized until
reviewed and approved by the Deputy Utilities Director and Utilities Director.
A roved to Proceed B
roved to Proceed B
Acknowled ernent
Signature
.f-
,
.~
I
---l
I
Pete Mazzella
put Utilities Director
Date:
Date:
Page lof2
Fleming, Paul
From: Gerrit. Bulman@CH2M.com
Sent: Wednesday, July 25, 2007 11 :37 AM
To: Fleming, Paul
Cc: sean.skehan@ch2m.com
Subject: RE: ASR2/EPX Project
Paul,
I've reviewed the history of this change order and the approximate time required to perform the additional work.
likewise believe 14 calendar days is a fair assessment, and I am prepared to sign the City's FCD payment of
$33,396 to SED.
Gerrit
Gerrit R. Bulman
Hydrogeologist
CH2M HILL
800 Fairway Drive
Suite 350
Deerfield Beach, FL 33441
(954) 426-4008 Ext. 215
(954) 415-2985 Cellular
gbulman@ch2m.com
From: Fleming, Paul [mailto:FlemingP@ci.boynton-beach.fl.us]
Sent: Monday, July 23, 2007 11:49 AM
To: Bulman, Gerrit/DFB; Skehan, SeanjDFB
Cc: Roschek, Christopher
Subject: ASR2jEPX Project
Gerrit and Sean,
From our last meeting, based on previous review and from additional cursory reviews by the City and CH2M Hill,
we can easily agree on a CPR value of approximately $27,000 to $28, 000 leaving a gap of approximately $5,000
to $6,000. While this is discrepancy is a fair amount of money, I believe that the materials and labor reflected in
the CPR are generally appropriate and accurate. Additionally, I believe that between the City and CH2M Hill, we
could easily expend sufficient efforts, reviewing and dissecting the CPR to ultimately equate to the same overall
value. Therefore, I believe it is acceptable to approve CPR 44 dated July 15, 2007 in the amount of $33,396.00
I believe that the extension of time is reasonable. Therefore the date of Sub Con would be changed from 3/27/07
to 4/10/07 (This gets a bit tricky because SED has refused to sign FCD Nos. 33, 34, 35 and 36 that would have
pushed the Sub Con dated to 3/27/07). However, in our continued efforts of fairness, the City believes that
acknowledging the revised Sub Con dates is appropriate.
Therefore, without further discussion or cost analysis, the City is prepared to accept CPR No. 44 dated July 15,
2007 in the amount of $33,396.00 and to grant an extension of time of 14 calendar days.
If CH2M Hill has an alternative opinion or if they see a fatal flaw that I have overlooked, please advise. I will await
input from CH2M Hill before preparing the FCD Authorization form.
Yours truly,
City of Boynton Beach
Utilities Department
7/25/2007
Page .2 01'2
ftlt flUfI"'" ftltf
Senior Project Manager
and Owner's Representative
(561) 742-6487 (0)
(561) 742-6298 (F)
(561) 389-9912 (M)
flemingQ@ci.boynton-beach.fl.us (E-mail)
PEOPLE - TEAMWORK -INNOVATION
Florida has a very broad public records law. Most written communications to or from city employees regarding
City business are public records available to the public and media upon request. Your e-mail communications
may therefore be subject to public disclosure.
7/25/2007
JUL-15-2007 14:55 FROM:SOUTHEAST
5614935140
TO:561 742 6298
P.V31
11
Southeast Drilling Services, Inc.
MEMORANDUM
DATE:
July 15, 2007
TO:
Garret Bulman/CH2M HILL
Paul Fleming/Boynton Beach
COPY:
FROM:
Bart Ziegler/SED
RE:
Boynton ASR No.2
CPR-44 Revised 7/15/07
Attached is revised CPR-44 as per your request in our last meeiing. As we discussed, we removed cosls
associated with work by Foster Marine and agrccd to include with a claim against the City on
outstanding issues, We have attached all the necessary back up as requested so you had one clean copy
to work from. We estimated the additional time required to work on specific issues not already
addressed in previous correspondence to be about 10 workdays.
Please feel free to contact me should you have any questions.
C.\WOPJONCNiED\PROJECTNIOYNT'OMBOYNTON MIU MD I!lX 'M!W'OL\NC.i1,!. Ol\Ol!.RS'M)71mUUL.M.\N.l"ltJ(:
..
P.0.Box2764 Lut:l,FL 33548 (BI3)968 7277 flAX (813) 94B 1406
JUL-15-2007 14:55 FRDM:SDUTHEAST
5614935140
TO:561 742 6298
-;31
Southeast Drilling Services, Inc.
l' Q.110)l,27172-1, T;""l'o, JlL l1f>XX.I:'H (RIJ) %R- nn.flM (Xll) %9-4197
PROJECT: CITY OF BOYNTON BEACH ASR 2
PROJECT NO.: 321891
SED: CHANGE ORDER NO,: 44 Rev 6/21/07
SUBJECT: MECHANICAL MODIFICATIONS
ITEM
DESCRIPTION
QUANTITY UNIT
UNIT
PRICE
COST
EXTENDED
COST
Materials
1 Tot.:ll Mo:Itori~ls
I LS
$15.656.09
$15.656
Subtotal Malarlals $15,1358
Tax U~
Tolal Materials $16,676
1 ProjeGl Management (Change Order) 41 Hour $130 $5,330
3 Aooomodslions Day $120 $0
4 Supervi~or 29 Hour $78 $2.262
5 Project Labor 66 Hour $47 $3,102
6 Welder 9.5 Hour $75 $713
7 Perdiem 13 Day $64 $832
Subtotal Labor & pOlfdiem $12,239
Bonding $0
Subtot.:ll SED Sorvices $28,914
Administr::\tion & Overhe'ld $1 .446
Subtotal $30,360
Profit $3,036
Total SEO Sorvlces $33,396
Subcontractor Work
1 Foster MarlM (raise dl$eharg& Into ~ond) Each $8,350 $0
2 Foster Marlne (remob for tJe-lnsl LS $16,044 $0
Total Sl.lbcontracts $0
Subtotal $0
Bonding $0
S lJbtotal $0
Overhead & Adminialnltion $0
TatBl Subcontract Items $0
Totlll Change Propo$lII Requestod $33,396
Total Additional Time RoquClSted eel Day 14
Approvod By: DlIIQ;
Notes:
1 Bonding costs are nollndudlld In thl~ ~roposal and will be added at the conclusion of the projoct jf the
bBsa contract amount ill E1xcEll!lded.
2 Thi& request WM requested by the Engineer/owner
3 This plopO$al does not Include costs and dme Impacts from claims and Im~aets unrelated to this specific CF>Ft
Southeast reserves all such claims, whether presented to date or not.
CF'R-44 Rev 071507 (Mechanical Mods)
7/15/2007
Psge 1
JUL-15-2007 14:55 FROM:SOUTHEAST
5614935140
TO:561 742 6298
Materials & Labor
ITEM
DESCRIPTION
QUANTITY UNIT
UNIT
PRICE
COST
Materials
1 Spool piece (16"X6')
2 Pipe supports wi anchor assembly (end of Pad
& recharge CV)
3 Pipe Support mods (cuts)
4 Solenoid
5 Transmitter pedistals (3)
6 2" ARV for wellhead
7 Insulation kits (16")
8 Insulation kits (24")
9 FCA's
10 Check Valve Supports (Recovery Line)
11 Spill Way Parts (PVC & concrete pad)
12 Conductivity line parts for rework
13 Pipe support mods (concrete)
14
1 r"S $857.50 $858
3 Each $586.00 $1,758
3 Each $37.00 $111
1 LS $175.92 $176
1 LS $650.00 $650
1 LS $2,175.00 $2,175
6 Each $75.00 $450
1 Each $142.00 $142
1 Each $8,164.49 $8,164
4 Each $0.00 $0
1 Each $647,34 $647
1 Each $54.02 $54
1 Each $472.82 $473
Total Materials
$15,658
Labor
PM Super Laborer Welder
Pipe Supports Check valve 8 2 4 7
Pipe Supports 16" Pipe fine concrete work 4 8 24 2
Pipe supports 16" (2 extra) 2 2 6 0.5
1" S5 Wellhead ARV & blow off line 2 2 2
4" ARV's blow off lines 1 2 4
3/4" Selenoid valve, trickle fine 3 1 2
Insulation Kit installation 2 2 6
Conductivity Line rework 1 2 2
Testing 7
Spillway 3 8 16
CPR Prep 8
Totals 41 29 66 9.5
Page 2
P.3/31
JUL-15-2007 14:55 FRDM:SDUTHEAST
5614935140
TO: 561 742 62'38
P.4.31
Material Breakdown
Spillway
12" pipe $132.02
solvent $11.60
primer $17.72
gray glue $21 .84
2-12" 45 pvc $464.16
12 Vanstone $75.33
concrete $35.00
forms $20.00
paint 1 gallon $27.50
total $647.34
Conductivity line & sample points
1/2 S8 line $38.00
1/2 S8 90 $6,00
AI dimond plate/cover conduit (not used) $6.20
1/2" PVC BV $2.80
1/2" sch 80 FA $1.02
total $54.02
Insulation Kits
24" Kit (1) $140.10
16" Kits (7) $515.97
Flat washers for 16" kits $13.46
Flat waShers for 16" kits $144.73
Flat washers for 24" kit $95.76
total $910.02
ARV's
1" sch 80 MA $1.28
1" sch 8090 $0.72
1" she 80 pipe $5.20
4" pve 90 $52.02
totai $59.22
Pipe Support Concrete Work
Rebar & 18" form tube $102.52
Concrete
Misc $370.30 (52.15,9.18,12.88,144.86,94.83,27.55,66)
total $472.82
FeA's
FeA's
Gussets S5
Gussets Steel
All thread not used (FCA's moved)
All thread for moved FCA's 5S & Galv
Total
$5,175.00
$1,860.00
$157.50
$111 .00
$860.99
$8,164.49
Solenoid Valve Assembly
Valve
2" Sch 80 MA
$141.00
$16.90
Page 3
JUL-15-2007 14:55 FROM:SOUTHEAST
2" Sch 80 2x3/4 red bus
3/4" sch 80 MA
5614935140
Material Breakdown
$12.34
$5.68
Total $175.92
Page 4
TO:561 742 6298
P.5/31
JUL-15-2007 14:55 FROM:SDUTHERST
5614935140
TO:561 742 6298
P. tl' 3J
~
c. C. CONTROL CORP.
1235 PARK LANE SOUTH
JUPITER, FLORIDA 33456
PHONE: 561-748~3737
FAX: 561-748-5801
CUSTOMER: SOUTHEAST DRILLING SERVICES, INC
ATTN: BART ZIEGLER
PHONE: 561-493-9832
FAX: 561-493-5140
PROJECT: AQUIFER STORAGE AND RECOVERY WELL NO.2
BOYNTON BEACH. EAST W.T.P.
DATE: 11/27/06
TOTAL
DESCRIPTION QIJAN PAGES 2
~:~~~~,8:i2.:,:~lliDU:~~i~':~~"~~"'.'~":;::':;i':;"':~'~.wa!~1.W~~~r&a;~~:::t:XEIr}i~lil~::~(fiTLf:r:~~~E0IC:}5~~CFDmr~DnE~~.:lli;t~.:~E8ir;ill:Li1D~11irl~15~:z:..:J;c:tr)~~:rf?::::;:~:r~~,~
C. C. CONTROL CORP. PROPOSES TO FURNISH THE FOLLOWING
COMPLETE WITH EXCEPTiONS AS LISTED:
EXCEPTIONS:
A) QUOTE DOES NOT INCLUDE CONDUIT SYSTEM.
8) QUOTE DOES NOT INCLUDE INSTALLATION.
C) QUOTE DOES NOT INCLUDE FIELD TERMINATIONS.
OJ QUOTE DOES NOT INCLUDE FIELD PNEUMATIC IMPULSE PIPING,
TEST TAPS, OR SHUT-OFF VALVES.
ITEM NO.1
MISC. EQUIPMENT STANDS
TECHLlNE TLlS~2~FS-1-AL-60-1(}-G4INSTRUMENT
STANCHION WIFOLL:
A) HEIGHT: 60"
B) BASEPLATE: 10" X 10" X 1/2"
C) GUSSETS: 4
D) FINISH: ALUMINUM
3
SELL: $650.00 PLUS TAX
FOB: JOB SITE
DEL: 2-4 WEEKS
TERMS: NET 30 DAYS
(SUBJECT TO CREDIT APPROVAL)
ASR WEll EAST WTP STANCHlONS Page 1
JUL-15-2007 14:56 FRDM:SDUTHEAST
5614935140
TD:561 742 6298
WARRANTY: ALL WARRANTIES SHALL EXPIRE ONE (1) YEAR FROM DATE OF START-UP
FROM SELLER TO BUYER UNLESS SPECIALLY INDICATED OTHERWISE AND
WILL BE NULL AND VOID UNLESS MATERIALS ARE STORED UNDER PROPER
CONDITIONS DETERMINED BY C.C. CONTROL CORP.
LUIS L. GARCIA
ASR WELL EAST WTP STANCHIONS
Page 2
P.7/31
JUL-15-2007 14:56 FRDM:SDUTHEAST
05/11/2007 11:17 5614999219
5614935140 TO:561 742 6298
WINDMILL S~INKLER C
F'. ;3/31
PAGE B1/1;'1l
Windmill Sprinkler & l{ardwar~;
9779 W. Atlantic Ave.
Delrey Beach FL 3344()
Phone:561~95~23]1
le~'illiii~~~1J
~:, III'I...,I'~:;!H "II"J::,. . ",' .~.
232529
1_.1.1
OS/31/:n
03; 38 :UPN
16B8J
SOlD SOUTHEAST DRI11,ING SERVICES
't'O; p.O. BOX 2"764
LUTZ, FL. 33548-2764
L
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GROSS PRICE
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DISCOONT
15.7'7
SUB-TO'!A1
221.56
TAX
~ Ij .40
W,;:r
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t,.. 0' _
AP
JOB NAME
r3P?
CODE
ECEI
APPROVAL
EXCEPTION
L :'fS". O'ICE. INVOICE 1l i:>
PAST JJt1ii ARE SUBJECT TO A SERVICE CHARGE AT TaE: Ml\XIMCM LBlGAL RATE.
JUL-15-2007 14:56 FROM:SDUTHEAST
5614935140
TO:561 742 6298
P.9/31
A-1 Industrial Supply Inc.
1801 tiy.?oluxo Road
~na. FL 33462-4079
USA
Voice: 561-588-0802
Fax. 561-588-1077
i' Biifio:-- ...- _..~ ",~~-~"".'-' ._--~_._... :
~..... .. _..~-~~..^..,--,-,,--_._..~....:' --.---'-. ...._----~-
\ SOUTHEAST DRILLING SERVICES
i INC
. P.O. BOX 2764
: LUTZ, FL 33548-2764
\ --.-.......-. ....- .-.., -.-..-.
I"'.' C"S~.,-i5...-. ---^t' ........._.....'---~" eu.~er.PO. -..---'-'
t~::~;~~~~of.;'u:: ..~=.~ - - ~J'OYNT"N.~ . -=--.
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,----;:;--.-~T-.......- .... - ...--..--.. ...-----.
I Quantity -k-=' Item' . ~ ...~--__.__.I?.!~~~~.... .,----.
r-c.m-Too S/SPIPE-1/r'SCH40 1/2" Sch 40 S/S Pipe - 4' TOE
I S'TJ 1.00 S/SELBOWS-1/2"TYP( 1/2" Type 316 S/S 90 Elbows
I
. 1.00 S/SCOUPLlNG-1/4" 1/4" S/S Coupling
1.00 S/SNIPPLES-1/4 X5 1/4 x 5 S/S Nipples
PI9'.1J 1,00 'ALUMDIAMOND-.063 .063 Alum Diamond Plate -12 x 12
Ship to:
;~ ..
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Invoice
h'tvoiee
F!"age:
81395
May 22, 2007
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Subtotal
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Total Invoice Amount
\ TO!~~_",~-~_ ~-=--.._"-_... -. .
.---.-.. .. T'--'-' .. .__.
Unit Price I Amount
. -----'38 .00 'I' 38"OCr:
6.00 6.00 i
2.00 I 2.00 I
7,10 7.101
6.20 6.20.
-\
I
I 59.30
i-'
I 3.85
63_15
__~_____u,,________ ..
.. 1 63.15
,JUL -15 -2007 14: 57 FROM: SOUTHEAST
Run Date
3/14/07
3/14/07
5614935140
TO:561 742 6298
=. 10/31
HD SUPPLY WATERWORKS, LTD.
HOSWW - W ~ALM BEACH FL
1101 W 17th Street
Riviera Beach FL 33404
Telephone: 561-848-4396
Fax: 561-845~7267
Bid 10: 1344472 SED: SPECIAL ORDER FLANGE ADAPTERS
Page
Sell
Line Quantity Per
Description
Net
Price
Extended
Price
MISCELLANEOUS SPECIAL ORDERS
FLANGE COUPLING ADAPTERS
H-D SUPPLY ~-- WATERWORKS, INC
1101 WEST 17 TH STREET
RIVIERA BEACH, FLA. 33404
LOCAL
WATTS
FAX
1-561-848-4396
1-800-771-4396
1-561-845-7267
PROPOSAL BY
GEORGE M. SMITH
ENG
N/A
BID DATE;
N/A
******************************
THIS IS OUR INTERPRETATION OF
THE PLANS AND SPECIFICATIONS.
************ * ****** * ******.J..:ol: *.;;,.
THIS PROPOSAL IS BASED ON THE
COMPLETE BILL OF MATERIALS ---
OR MUTUALLY AGREED TO SUB-SET
HOPE 1 PVC PRICING IS PROVIDED
ONLY AS A GUIDE FOR ESTIMATING
PIPE-PRICE PROTECTION:
ORDER BY: BID DATE + 30 DAYS
SHIP BY: ORDER DATE + 30 DAYS
BALANCE OF BID FIRM: 30/30
MATERIAL SHIPPED BEYOND TERMS:
PRICE IN EFFECT WHEN DELIVERED
PVC LEAD TIMES HAVE LENGHTENED
JUL-15-2007 14:57 FROM:SOUTHEAST
5614935140
TO:561 742 6298
P.11/31
Run Da te
3/14/07
HD SUPPLY WATERWORKS, LTD.
HDSWW - W PALM BEACH FL
1101 W 17th Street
Riviera Beach FL 33404
Telephone: 561-848-4396
Fax: 561-845-7267
3/14/07 Bid 1D: 1344472 SED: SPECIAL ORDER FLANGE ADAPTERS Page 2
Sell Net Extended
Line Quantity Per Description Price Price
430 1 EA 913-17401600-003 16 FLG ADPT 875.00 875.00
EPOXY,ALLOY B&N 00 17.28-17.49
DI / FLEX-BLUE EPOXY COATING
LOW-ALLOY STEEL BOLTS & NUTS
NSF GASKET MATERIALS
480 ], EA 913-16001600-XXX 16 FLG ADPT 4,175.00 4,175.00
316 S5 BODY MATERIALS
316 S8 BOLTS & NUTS
NSF GASKET MATERIALS
JUL-15-2007 14:57 FROM:SOUTHEAST
Run Date
3/14/07
5614935140
TD:561 742 6298
3114/07
HD SUPPLY WATERWORKS, LTO,
HDSWW - W PALM BEACH FL
1101 W 17th Street
Riviera Beach FL 33404
Telephone: 561-848-4396
Fax: 561-845-7267
Bid 10: 1344472 SED: SPECIAL ORDER r:::'ANGE ]l~DAPTERS
Page
Other Charges
FREIGHT CHARGE
125.00
Other Charges Total:
125.00
Subtotal:
5,175.00
Tax:
Bid Total:
328.00
5,503.00
-.
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5614935140
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P.15/31
INVOICE
Invoice No
Date
Order No.
Shipper 10
Order Type
Customer 10
T10066934
5/21/2007
T00058093
TS0075125
Tampa Sales Order
1 SOUTOe
T.x ~eg Nbr:
SOUTH~T DRILUNG SERV
PO BOX 2764
LUTZ, FL 33548-2764
SOUTHEAST D~ILLlNG SERV
pO SOX 2764
LUTZ, FL 33548-27fi4
. .
. : .. . . . . ~
Origin Customer Piekup \ BART
.. I . ~- .
5/18/2007 Net 30 Days I MICHAEL HALE I
: - . .
I
PAGE 1
.
BOYNTON \
TPA I
.
464.16
417.120
12 45 ELL SXS MOLDED SCH40
400-005$ 1.00
1/2 COMPACT BALL VALVE SLlF' F'VC SCH40
436-010 1 00
1 MALE ADAPTER SXMPT SCH40
406,.010 ':::.~:
1 90 ELL $XS SCH40
835-005
1/2 FEMALE ADAPTER SCH80
200
5'W
EA
2.00
232.0800 0.00
EA
1.00
o 8000 0 00
0.60
EA
1.00
0.2600 0 00
0.26
. ""'ZClO~~..t~~.~'"'::)
C \. .: :~; iFi;,t ~~. i
"' - ._'ic~~}e"A
200
0.2900 0.00
o 5a
100
1.2700 0.00
127
AP
RECEIVED
MAY 2 4 Z007
JOB N,\Ml~
/38
BY
('onE
./
SalM T ax Summary
VAl.
Tax Call1gory Description Tax Rate
TAXABLTYC~p(l:!\ Tal( 6 nO%
TAXABLt'u . HILLSBOROUGH COUN 1.00%
Taxable March Ami
467.07
467 07
MerchTax Amt
28.03
461
raxal>le Mise Amt
000
0.00
Mi,c Tax AmI
0.00
000
SalaS rolal
467.07
PLEASE REMIT PAYMENT TO:
P.O. BOX 26712
TAMPA, FL 33623-6712
Shipping & Handling
Misc. Chargl!!\
Tax Total
Paid
000
000
32.70
0.00
TOTAL
119977
JUL-15-2007 14:58 FROM:SOUTHEAST
5614935140
TO:561 742 6298
::, 16/31
tee]), WATERW'RKS
SUPPLY
Branch Account Salesperson I nvoice Date
039 <;>44242 GEORGE SMITH 7/12/06
Remit to;
HDSWW - W PALM BEACH FL
Branch - 039
1101 W 17th Street
Riviera Beach FL 33404 0000
561/848-4396
DUPLICATE
INVOICE
HD StJPPLY WATERWO
PO BOX 100467
ATLAln'A, GA
SOUTHEAST DRILLING SERVICES
PO aox 2764
LUTZ FL 33548 2764
Shipped to:
1620 SEACREST BLVD & 3401 S
COlllGRESS hVE
BOYNTON BEACH, PI.,
E
CUSTOMER ,j08- EP.LANT EhST PLhNT EX
Date Ordered Date Shipped Customer PO No.
Job Name
Thank You For The Opportuni
We appreciate your pro
Job No. Bill of Ladin Shipped Via
OUR TROCK
QIla.\ticy Olla~ llllck- Pri ce Pcr
Ordered Ship Ordo:red
l 1 927.50000 EA
957 5000e EA
1 I 98; 50000 j,;1\
l 675 25000 EA
4 137 SUOOQ SA
6 b Isoac F'I
8 50000 E~
Return Top Portion With Payment For Faster Credit
2
06
EAST PLANT EXP
Product Code Description
516FF0206 16 FLGXFLG DI PIPE 2'6"
W / J /4 II? BOSS 15" 1" / f'IJIlliGE
BID SEQ# 650
S16FF0900PR 16 FLGXFLG DI PIPE 9'0" PRIMED
W/'I'NEMAC PRIME
BID SEQ# 670
S16FF0906 16 FLGXFLG Dr PIPE 9' 6 If
BID SEQ# 680
49131740160263 16 913 PCA F!DI EC!SS W/STUDS
BID SEQ# 730
-.
416GP
16" CALV GUSSET PLATE:
BID SEQ# 740
4AFTR08G
7!8" GALV ]\U. THREAD ROD
BID SEQ# 750
7/8 GALV HEX WJT
BID SEQ# 76::1
4AFHN08G
Tcnns
Freight
Delivery I Handling
I
RCl>tock
Mise
Tax
THANK YOU FOR YOUR ORDER
VISIT
WATERWORKS. HOSUPJ:>LY. COM
FOR OTHER SERVICES OFFERED
Please pay thiS amc
JUL-15-2007 14:58 FROM:SOUTHEAST
5614935140
TO:561 742 6298
P. 17/31
11
Branch Account Salesperson Invoice Dale Invoice N u
039 044242 GEORGE ~;MITH 3/22/07 480264
,-'. ........ .......-.
:b"]
WATERW'RK
rl~
LocaIServ~e,NaHonw;d9
Remit lO:
.
,f"i
V, ~.
HDSWW - W PALM EEACH FL
Branch - 039
1101 W 17th Street
R~viera Beach FL 33404 0000
561/~48-4396
INVOIC-E
HD SUPPLY WATERWORKS r LTD.
PO BOX 100467
ATIJ\NTA, GA
1 "11,,.11..1 rl,.I..II'II'1I11 11,1,1,1111.1111,11,,11, ,11" 1,1
SOUTHEAST DRILLING SERVICES
PO BOX 2764
LUTZ FL 33548 2764
Shipped to;
C/O HD SUPPLY WATERWORKS
DELIVER TO TEE WATER pLANT ON
SEACREST @ WOOLBRIGHT RD
BOYNTON BEACH, FL
CUSTOMER JOB - EPLANT EAST PLANT EX:?
004/1318
016113
otal
30384-0467
Amount D.. n, -j
1,971.60
Return Top Portion With Paym.ent For Faster Credit
Thullk You For The Opportunity To Serve You.
We appreciate your prompt payment.
Prk.e
Job Name
Shipped Via
VENDOR
Dat.e Shipped Customer PO No.
3/20/07 030207
PLANT EXP
Product Code
Description
'')000St.109107
HD SUPPLY WATERWORKS PO#-3103870
16 3169S GUSSET PLATE @ 11\ TH
--:-..r'-:'~',
4
465.00000 EA
{."....
AP
Jon NM1tt
-sR.
Al'l)R OV.\',
B'"\ Cr. rTl 0 ~
....,,__ ....~....\r.':"'....--.-.~ ..
con~
~D .:> 0
Teml!!
Freight
Delivery
Handling
Restock
Mise
NET 3 0
Tax
111.60
THANK YOU FOR YOUR ORDER
VISIT
WATERWORKS.HDSUPPLY.COM
FOR OTHER SERVICES OFFERED
Pleuc pay this amount
HDSWW - W p~ BEACH F'!.
BJ:.ancl1 - OJ 9
1101 W 17th Str@et
Rivier~ Raach FL 33G04 0000
Ofl055
Order Number
4802640
Per
Amount
1,1\60.00
; (
Sublotal
1 B60.00
Invoice Total
1,971- 60
~
Page:
1
Invoice~ 4802640
JUL-15-2007 14:58 FROM:SDUTHEAST
5614935140
TO:561 742 6298
. 18,<31
I
Ke])., WATERW'RKS
SUPPLY
I
, -
Rranch Ac:count Salesperson Invoice Date Invoice Number I
039 044.242 GEORGE SMITH 3)22/07 4729813 I
..-..."
Remit to:
I .Ii
co- -,
I ......).
,1-
LocafServ~e.Naffonwid9
HDSWW - W PALM EEACH FL
Branch - 039
1101 W 17th Street
Riv~era Beach FL 33404 0000
INVOIC:E
lID SUPPLY WATERWORKS, LTD.
PO BOX 10046'7
ATlJUrl'A, GA
Shipped to:
30384-0467
l'otnl Amount Due 1
I
561/848-4396
1,,1111,11, ,1,11,1,.11.,1, ,,1,11"1 L 11"11"1,11.,, 1"ll"I,1
SOUl':HEAST DRILLING SERVICES 004!13lS
PO BOX 2764 01683
LUTZ FL 33548 2764
1620 SEACREST BLVD (WTR PLANT)
BART ZIEGLER 813-968-7277
BO\~TON BEACH, FL
1,268.32
CUSTOMER JOB-' EPLANT EAST PLANT EXP
Return Top Portion With Payment For Faster Credit
17umk You For The Oppl!I'tunity To Serve You.
We appreciate your prompt payment.
Date Ordcred Date Shirped Customer PO No. Job Name
2/20/07 3 21/07 030207 PLANT
Product COd'~~.. Dcscription
90007860YBV~1 860:Y.3/41\ RP BFP FEBCO W/BV
96HB'lLOO-20 HF1200-20 2" INLINE FLOWMETER
12902080AHM 5'-1 2 PVC S80 JVlALE ADPT MIPTXH
836-020
2902080RSOU"JH.sV 2X3/4 PVC S80 BU SXS 837-248
29007BOAHM SV 3/4 PVC saa MALE: ADPT 836-007
Job No. t.~.OfLadil1 Shipped Via -r Order Number J
I
I
EPLANT OUR '1'RUCf(: I 4729813
Quanlity B.1Ck. Pnce Per AmOltnt l
Shi ped Orocrc:d
1 1..1.>;0000 EA :{l so
1 1 :015. 00000 f;h 015 00
j I ::: 8 45000 I~ _t; ~~ n. I
. , .JV I
::: I ::: 6_J7(:~O EA 12 .34 I
2 :2 8"ODO EA 66
1 5.11000 LA 5 _ 1:
3110N040S
lX4 31688 NIPPLE
L
APlJROV.A,L_---
II
I
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,Jon N\\n.8B..jlrs -;
com~_._-~~-~Q~.-
EXCF:PTION TenYls Subtotal
NET 30 1 196 . 5_~_.__
- ,
Freight Delivery Handling Rel'tol-k Mi~c Tax Invoice Total
71.79 1,268.32
""'
THANK YOU FOR YOUR ORDER
VISIT
WATERWORKS.HDSUPPLY.COM
FOR OTHER SERVICES OFFERED
l'lease pay this lImOllnt
...:t
HDSWW - W pJ\Llol BEACH FL
Brancb - 039
1101 W 17th Street
Rivier3 aeach FL 33404 COOO
Page:
1
05053
Invoice: 4729813
JUL-15-2007 14:59 FROM:SDUTHEAST 5614935140
M~R-02-2007 FRI 11:17 AM LIGHTNING BOLT & SCREW
TO:561 742 6298
FAX NO, 8136300182
P.19/31
P. 01/01
Ughtning Bolt & Screw, Inc.
2604 Tampa East Bt.ld SUite A
813-630.2658 FAX. 81 3-630-0182
Tampa, FL 33619.3059
INVOICE
Voice. 313-63a.2658
Fax 813-63G-0182
Invoice Number:
Invoice Date:
Page:
Duplicate
16529
Mar 2, ')fXJ 7
1
iiQi!,T-O:Y"
SOIJTHEAST DRILLING SERVICES INC
P.O. BOX 2764
LUTZ, FL 33548-2764
:Slilp to:
SOUTHEAST DRILLING SERVICES INC
AnN BART ZIEGLER
WaUNGTON GREEN OR />oPT 7106
wa UNGTON, FL 33414
,,::~Quam~ .. .
~']."1
..-!W'!1,;,
FW31616
v16 CS31614064
.....2 STUD30420176
../'2 NUT31620
.,-32 CS31616192
....-00 ANCWEG30408176
"""'-50 NUTG10
;~'lIiH~J:_ll!1
1.___
Chec;kJCredit Memo No:
Subtotal
Sales Tax
Totalln\.Qice Amount
PaymentlCre~~ A~I~~ ..
TO"'AL ~~'l~l.i: ')iI'Jili"::lti","'Hf . .."". -
,.:.:1. ..'~ ~:~~'. :~;~i~~/tr:~l~.~7~~~~~..,#t:t~):.<-~::. .
nB41
799.40
79 SAO
JUL-15-2007 14:59 FRDM:SDUTHEAST
5614935140
TO:561 742 6298
FAX NO. 8136300182
.2CJ 31
APR-13-2007 FRI 07:52 AM LIGHTNING BOLT & SCREW
p, D
Lightning Bolt & SCreW,lnC.
2604 Tam pa East Blvd Slite A
813-630-2658 FAX 813-630-0182
Tampa, FL 33619-3059
INVOICE
Voice 813-630-2658
Fax 813.-630-0182
Invoice Number:
Irvoice Date.
Page
Duplicate
1676380
Apr 13,2007
1
Biln9;
SOLKHEASf DRILLING SERVICES INC
P_O BOX 2764
LUTZ, FL 3354&2764
i
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SOUTHEASf DRilLING SERVICES INC
19360 LAND 0' LAKES BLVD
SUITE 15
LUTL:, "'L 33549
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Our Truck
,.,:i;;:Liii;ij::i~".~~i_iJ_lti!j~{~u:i;;2:'f~U
Net 30 Da
,w.~~::f'\" 1'," ifsillpoate
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I,!,otallnvoice Amount...
GheckJCredit MeIiK) No. 1;~f~~::;d~~PP"ed. ",..q~1~!:!I~"J,~[~~JllgIL;Oiii;;
In the event of rejection for any reason this company shell not be liable beyond the value oft/Ie goods involved_ All
returned goods are subject to a 40".4 resttXkmQ charge A 15% MONT1-IL Y (18"AI ANNUM) INTEREST ON ALL PAST
WE ACCOUNTS.
7364
73.64
73_64
JUL-15-2007 14:59 FRDM:SDUTHEAST 5614935140
MAR-06-2007 TUE 01:21 PM LIGHTWING BOLT & SCREW
TD:561 742 6298
FAX NO, 8136300182
P.21/31
P. 01/01
Lightning Bolt & Screw, Inc.
2604 Tarnpa East Blvd SuiteA
813-630.2658 FAX 813-630-0182
Tampa, FL 33619.3059
INVOICE
Voice: 813-630-2658
Fax, 613-630-0182
In\lOice Number:
Invoice Date:
Page.
Duplicate
16541
Mar 6, 2007
1
8itllQ;::;;" . .
SOUTHEAST DRilLING SERVICES INC
P.O. BOX 2764
LUiZ, FL 33548-2764
. ::]:!
\ 'Ship to; .... ..,.. .
SOlJTHEAsr DRILLING SERVICES INC
19360 LAND 0' LAKES BLVD
SUITE 15
LUlZ, FL 33549
J G-- 1 INSULKIT24WIOW
":~"i '.'( '~:~~~:P~ca9-:~i%l 'if~iiii;)~:';i~i,j j >ii;
15"IN$ULATlON KITNii poLY S"LEEVi=s &
DOUBLE PHENOLIC WI FF RED
RUBBER GASKET
24"INSULAllON KITI W POLY SLEEVE
AND DOUBLE PHENOUC & ~
RUBOCR OAOIt6
7/8 FLI'.TWASHER 316 S8
11/4 FLAT WASHER 3165S
1 X241/2' AT RODT316S/S
(XS7 A.'f.' RODT31 6 s/s7
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75.2 300
1346
95.76
11 0.95
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Subtotal
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Totalln..oioe Amount
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,JUL-15-2007 15:00 FROM:SDUTHEi=lST
MAR-02-2007 FRI 12:54 PM LIGHTNfNG BOLT & SCREW
5614935140
lighbling Bolt & Screw, Inc.
26 04 Tam pa East Blvd Su ita A
813-630-2658 FAX 613-630-0182
Tampa, FL 33619-30~
Voice 813-630-2658
Fax 813,630..0182
Bill TO:
SOLJTHEAsr DRILLING SERVICES INC
PO. BOX 2764
LUTZ, FL 33548-2764
TO:561 742 6298
FAX NQ 8136300182
;=,22/31
p, 0: /01
INVOICE
Invoice Number
I ~VOlce Date
Page'
Duplicate
16535
Mar 2, 2007
Ship to:
SOlJT1-iEAST DRILLING SERVICES INC
ATThl: BART ZIELGLER
wa LINOTON GR ~EN DR APT 7106
WB...L1NGTON, FL 33414
L.",.",,.~_lUjR.,,,iilutl~2aj;
I SED1
Customer Fax
813-948-1406
. , Quanttty~~"=--I~':-"':-
1921FW31616
I
I
Check/Credit Memo No:
UPS Ground
. f " , ',,., ~miQ;rj!
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Totalln-.oice Amount
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14473
15109
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JUL-15-2007 15:00 FRDM:SDUTHEAST
JUN-20-2007 WED 03:58 PM LIGHTNING BOLT & SCREW
5614935140
TO:561 742 6298
FAX NO. 8136300182
Ughtning Bolt & Screw, Inc.
2604 Tampa East Btvd. SUite A
813-63Q.-2658 FAX.a1 3-630-0182
Ta mpa, FL 33619.3059
VOice: 813-830-2658
Fax. 613-630-0182
j.~fro:
SOLJn-.lEAsr DRilLING SERVICES INC
P O. BOX 2764
lU1Z, Fl 33548-2764
INVOICE
18763
Apr 5, 2007
1
InvOice Number:
Invoice Date:
Page.
DuplIcate
P.2Y31
p, 01/01
Shi 10:
SOLffi1EAST DRilLING SERVICES INC
'9360 LAND 0' LA-KES BLVD
SUITE 15
LUTZ, FL, 33549
4 ~,o/q'1
Our Tru ok
:~~t$r~. .t5eg::ripti~n..... .....
7/r!:x'i 3/4" HEX OS-316 Ss
11/8 HEX NUTT316 SfS
1 Xe~EXClST316SS
7/8 HEX NUTGALV
! 7/6 FW GALV
I
7/8 X 1 04" A.T. STUD 316 STN
7/2 X 1 04" ATR ZINC
7/8-9 HEX NUT ZINC
7/8 FLAT WASHER ZINC
7.2300
5.9200
18.4600
0.2868
0.1995
178.0000
18.6900
02757
0.1400
57.84
11.84
406. 12
1.15
0.80
356.00
37.38
1.10
0.60
872. 83
Sales Tax
f~ig ht
TotallnlA:Oice Amount 87283
CheckiCredit Memo No: 19621 PaymentfCredit Apptied 87283
.. .... ....
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In the eventof rejection far any rOO!LJn this company shall not be liable beyond the value of/he go::Jds involved, All
returned goods INfJ subject toa 4(),/e restocking cfJarge. A 15"10 MONTHL Y (18% ANNUM) INTEReST ON ALL PAST
DUE ACCOUNTS.
SlJ btotal
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No. 186504
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ra StON! 0224 BOYNTON
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05,'01129.9] , 1 :01 3m 05101/2007 3:01 l)ITl 05102./2007 12:10 Dm ..._1 OY 2 HR
.~...- "- Pe' week IPel Month T~ltl
Part Number Out k1 Oe$crij)tion Min Charge Ell-Hour~ Pel Dav OP Amount
~.0601856 . 1 , LI..G EI~ctric; Mixer 34..00 9.00 4.8,QC 192.001 576.00 N y i 6600
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999714 1 C1eil~ina I''!e . Raturn g!J!!l. y I 0.00
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RENTAL Eo.UIPMENT
R,nt...1 Subto'\:GI 6600
~~E kOME D~POI ~24
1500 S.W. 8TH STREET .
80~~TON 8~ACH, fL. 33425 (S61)~64-9!OO
0224 00021 61776 05/02/07
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CUSTGMER AG~E MEHT # 186504
REC ALL AWOUtlr
, SALES TAX
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;(.!<XXxx lC;1U ISA
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66.00
'.29
$70.29
70.29
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0224 21 6i776 05/02/2007 99
THE HOWE O~POT RESERVES THE RIGHT TO
LIMIT I DENV ~ETURHS. PLEASF, ~EE THE
RETURN POLICI S!GN IN STO~~S FOR
DETAILS.
I
t... ..
Total
._._ Payment A~ount I
. Rern.ining Balance Cue
70.29
I
70.291
0.00
IDATlON
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(980110200398695
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D"ItrIG ~,.,f ,
JUL-15-2007 15:02 FRDM:SDUTHEAST
5614935140
10:561 742 6298
.2e/31
I
II
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Branch Account Salcspcrson Invoicc Datc Invoice Number
039 044242 GEORGE SMITH 3/22/07 4802640
Ke]) WATERW'RKS
SUPPLY
Remit to;
HbSWW - W PALM SEACH FL
Sr<lnch - 039
1101 W 17th Street
Riviera Beach FL 33404 0000
DUPLICATE
INVOICE
liD SUPPLY ~ATI!I:RWOU:S, LTD.
PO BOX 100467
ATLANTA, GA
11111" ,II, ".! 111,,111111' 11.11"1111/1111,, 1111" tI"II"I.I
SOUTHEAST DRILLING SERVICES
PO BOX 2764
LUTZ F~ 33548 2764
Shipped to:
C/O HD SUPPI.Y WA'tERWORKS
DELIVER TO THt- \I1A'tER PTJANT ON
S~ACREST @ WOOLSRIGHT RD
BOYNTON SEACH, FL
30384-0467
i Total Amount Due I
i '
561/848-4396
1,971,60
CUSTOMER JOB- EPLANT EAST PLANT EXP
Return Top Portion With Payment For Faster Credit
Thank You For The Opportunity TO Serve You.
We appreciate your prompt payment.
Oate Ordered I DlIle Shipped Customer PO No.1 Job Name Job No. Bill of Ladin Shipped Via r Ordcr Numbcr I
3/05/07 3/20/07 030207 EAST PLANT EXP EPLANT VENDOR 4802640 i
Product Cllde Description Q\wltity Ouantit, Rack- Priee Per Amount
OrJerod Shipp'" Oroorw
HD SUPPLY WATERwOU:s PO#-3103870
/00005409107 16 3l6SS GUSSET PLATE @ 1" THK 4 t. 465.00000 EA _,86000
I I
I I
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I
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,
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Tcnns Sublotul
NET 30 1 860.00
rteight Delivel)' Handling Rcstock Misc Tax Invoice Total
III . GO :;',971.60
THANK YOU FO~ YOUR ORn~R
VISIT
WATERWORKS.HDSUPPLY.COM
FOR OTHER SERVICES OFFERED
Please pay this amount ~
ImSWII . W I'ALN IlnCH Il'L
BrlUu~h - 03 9
1101 W 17eh sere.e
Riviera Beach FL 33404 0000
"Local Service, Nationwide"
waterworks. hdsupply ,com
DUPLICATE
INVOICE
Page:
nOQQO
Invoice: 4802640
JUL-15-2007 15:02 FROM:SDUTHEAST
5614935140
TO:561 742 6298
P.29/31
I
K.D WATERW'RKS"
SUPPLY
I
Branch Account Salesperson Invoice Pate Invoice Number
039 044242 GEORGE SMITH 5/17/07 5243227
Remit to:
HDSWW - W PALM BEACH FT"
Branch - 039
1101 W 17th Street
Riviera Beach FL ]3404 0000
561/848-4396
DUPLICATE
INVOICE
HD 9T.1PPLY WATERWORKS, LTD.
PO :BOX 100467
ATLANTA, GA
30384-0467
Total Amount Due
1"1I".III1I,I"l"lI,, 11I,I,IIII1I.lIlllltll.III' .11111111.1
SOUTHEAST DRILLING S~RVICES
PO BOX 2764
LUTZ FL 33548 2764
Shipped to:
CUSTOMER PICK-UP
55.40
CUSTOMER JOB- EPLANT EAST PLANT EXP
Return Top Portion With Payment For Faster Credit
Thank. You For The OpporlunUy To StiNe You.
We appreciate your prompt payment.
Dale Ordered I Dale Shipped Cuslomer PO NoT Job Namc I Job No. IBill of Ladin, Shipped Via 1 Order Number
5/16/07 5/16/07 EAST PLANT EAST PLAN'I' EXP EPLANT wILL CALL 5243227
Product Code Description Q~a"tity =~ BDcl<- Price Per Amount
Orucn:d Ordered
2904040AHM 4 P'lC :::40 M ADP HXMIPT 436-040 2 2 5.55000 BA 1.l.lO
2~040409HH 4 PVC S40 ~O HXH 406-040 4 4 10.23000 1':1" /10.92
Terms Subtotal
NET 30 52,02
Freight Dclivcry Handling Restock Mise Tnx TnvoiCl: Total
3.38 55.40
THANK YOU FOR YOUR ORDER
VISIT
WATERWORKS.HOSUPPLY.COM
FOR OTHER SERVICES OFFERED
Please pay this amount .....
HtISWlf - W PALl( !lEAClI FL
Branch - 039
1101 w 17t~ Street
Riviera Beach FL 33404 0000
"Local Service, Nationwide"
waterworks.hdsupply. com
OUPLICATE
INVOICE
Page:
1
00000
Invoic@: 5243227
JUL-15-2007 15:02 FRDM:SDUTHEAST
5614935140
TO:561 742 6298
,321/31
Ii
Southeast Drilling Services, Inc.
P O. Box 2764 Lutz, FL 33548 (813) 968-7277 (813)948-1406 Fax
FAX TRANSMITTAL
DATE
06/21/07
TO:
City of Boynton Beach
ATTENTION: Paul Fleming
FAX NUMBER: 561.742.6298
From: Shannon
PROJECT:
Number of Pages INCLUDING COVER SHEET:
28
COMMENTS:
Bart instructed to forward these pages to you.
Please confirm receipt.
Shannon
Shannon Fax
6/21/2007
JUL-15-2007 15:03 FROM:SOUTHEAST
5614935140
TO:561 742 6298
P.31/31
fI
Southeast Drilling Services, Inc.
P. O. Box 2764 L.utz. FL. 33548 (813) 968.7277 (813)948-1406 Fax
FAX TRANSMITTALI
DATE
06/21/07
TO:
CH2M-Deerfield Beach
ATTENTION: Gerrit
FAX NUMBER: 954.698.6010
From: Shannon
PROJECT:
Number of Pages INCLUDING COVER SHEET:
28
COMMENTS:
Bart instructed to forward these pages to you.
Please confirm receipt.
Shannon
Shannun Fax
6/21/2007
Utilities Department
City Of Boynton Beach
Project Management Team
Field Change Directive
Project:
To:
East Plant Expansion Test Wells and Aquifer
Storage and Recovery Well Two
Southeast Drilling, Inc.
P. O. Box 271723
Tampa, FL 33688
FCD Number:
Purchase Order No. :
Initiation Date:
Contract Date :
Original Sub Con Date:
38
(Thirty-Eight)
070636
3/14/06
4/5/05
3/5/06
Engineer: Gerrit Bulman, CH2M Hill
You are directed to make the following changes in this Contract.
Design Drawing Attached:
Yes 0
No [2J
Item Descri tion of Work Cost Time
1 Per Contract documents, Liquidated Damages have been assessed
for the period of 4/10/07 to 5/9/07 resulting in a total duration of 28 -$56,000.00 Zero days
calendar da s at $2000 er calendar da .
Contin enc
-~
$657,078.16
-$56,000.00
-$601,078.16
$858,455.25
$257,377.09
The TOTAL value of this work is :
The Contract Time will be increased b
I The Date of Project Substantial Completion date is :
Not valid until signed by the Engineer, Contractor and Project Manager. Signature of the Contractor
indicates his agreement herewith, including Cost and Time impacts.
Contractor
Southeast Drilling, Inc.
P. O. Box 271723
Tampa, FL 33688
B:
En ineer
CH2M Hill
800 Fairway Dr., Suite 350
Deerfield Beach, FL 33441
B
Owner's Re resentative
Utilities Department
124 East Woolbright Road
Boynton Beach, FL 33425
td 1'-'-110-1-
tion (1 original for each) :
Contractor C8J
Engineer C8J
Owner's Representative [2J
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Southeast Drilling Services, Inc.
October 23,2007
City of Boynton Beach
Utilities Department
124 East W oolbrite Road
Boynton Beach, FL 33435
Attn: Paul Fleming, Sr., Project Manager
Re: Boynton ASR 2 Project
Pay Request 16 and Amendment to Construction Contract
Dear Mr. Fleming:
In an effort to move the project toward closure we are signing Field Change Directives
(FCD's) 20, 37, and 38 with an understanding that the Amendment to Construction
Contract submitted last week will be executed by the Commission in November.
By signing the FCD' s Southeast is does not and will not waive any claims to time or costs
previously outlined in correspondence or contained in the "Request for Equitable
Adjustment"
Sincerely,
Bart Ziegler, P.E.
President
Cc: Bill Ziegler/SED
Mike Wilson/Broad and Cassel
CIWorkinglSEDlPROJECTSlBoyntonlBoynton ASR2 and EPX WellslContract Disputes\Ll02207F\eming.doc
I 1 9 L u c i n a 0 r i v e, H y pol U x 0, F L 33462 (561) 493- 9832 FAX (56 I ) 493 - 5 I 40
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VI.-CONSENT AGENDA
ITEM C.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D August 2 I, 2007 August 6, 2007 (Noon.) D October 16, 2007 October I, 2007 (Noon
D September 4, 2007 August 20, 2007 (Noon) D November 7, 2007 October 15,2007 (Noon)
D September 18, 2007 September 3, 2007 (Noon) rg] November 20, 2007 November 5, 2007 (Noon)
D October 2, 2007 September 17,2007 (Noon) D December 4, 2007 November 19,2007 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM rg] Consent Agenda D Legal
D Code Compliance & Legal Settlements D UnfInished Business
0 Public Hearing 0
RECOMMENDATION: Motion to approve and authorize the execution of a Resolution for an agreement with
Entegra Procurement Services to participate in the Sodex/International Club Suppliers Food and Supply
Procurement Program.
-0
:::;;. ..~'
PROGRAM IMP ACT: Entering into this agreement will reduce our food cost and create a larger gross margUf.on t~~:;;
sale of food in our restaurant. N ~:~,~:;
,-0 -.,-
-
FISCAL IMPACT: This agreement should reflect an annual savings of approximately $5,000.00 to $7,000.00. These
savings will be reflected in budget line items: 411-2913-572-52-(85-99).
~~TIVES: Do not entor ",to th;, agreement and not 'eal;.e the ~iS1"':-'
\L!~~~ #~
Departmen Head's SIgnature CIty Manager's SIgnature
Assistant to City Manager ~
~ ~~
. - ~ City Attorney / Fmance
~~c;p;;:j
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
C: Dan Hager - Golf Course Administrator
File
1
2
RESOLUTION R07-
"
_0
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE A
PARTICIPATION DOCUMENT BETWEEN THE CITY
OF BOYNTON BEACH AND INTERNATIONAL CLUB
SUPPLIERS AND SODEXHO OPERATIONS, LLC FOR
THE PURCHASE OF THE GOLF COURSE FOOD AND
SUPPLIES; AND PROVIDING AN EFFECTIVE DATE.
4
5
6
I
711
8 i :
I
9 i
I
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12 I
13 I
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1911
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WHEREAS, as a member of the National Golf Course Owners Association the City
receives certain benefits, of which is the opportunity to utilize the services of Entegra
Procurement Services for the purchase of food and supplies at the Golf Course; and
WHEREAS, this Agreement the City Golf Course will be required to purchase 80%
of its food purchases, excluding beverage, through a Sodexho distributor for which the City
Golf Course will receive an additional 9% discount; and
WHEREAS. upon recommendation of staff, the City Commission has determined
that it is in the best interests of the residents of the City to execute the Participation
Document with Lntemational Club Suppliers for the purchase of food and supplies at the
Golf Course.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
i I
2611
271
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confim1ed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
28
hereof.
29
Section 2.
The City Commission of the City of Boynton Beach, Florida does
hereby authorize and direct the City Manager and City Clerk to execute the Participation
2 Document between the City of Boynton Beach and the International Club Suppliers for the
3 purchase of food and supplies at the Golf Course, a copy of the Participation Document is
4 attached hereto as Exhibit "A".
5
Section 3.
This Resolution will become effective immediately upon passage.
6 PASSED AND ADOPTED this _ day of November, 2007.
7
8 CITY OF BOYNTON BEACH, FLORIDA
9
10
11 Mayor - Jerry Taylor
12
13
14 Vice Mayor - Jose Rodriguez
15
16
17 Commissioner - Ronald Weiland
IS
19
20 Commissioner - Woodrow L. Hay
21
22
23 Commissioner - Marlene Ross
24 ATTEST:
25
26
27
28 Janet M. Prainito, CMC
29 City Clerk
30
31
32
33 (Corporate Seal)
34
35
36
37 S:\CA \RESO\AgreementsIEntegra Procurement Services Food Suppliers. doc
2
*" *' "
c.;fh,teJlHtlticHal
Clu6 SUppliRJJj
~D"~.~TgS:'V~ES
PartlciDation Document
Participation in the Sodexho/lnternational Club Suppliers Food (ICS) and Supply
Procurement Program ("Program") is based on the terms and conditions of the certain
Agreement for Products and Distribution Services between ICS, (International Club
Suppliers) on behalf of itself and its affiliates and Sodexho Operations, LLC
("Sodexho") effective November 21, 2007 (the "Agreement"), including but not limited
to following:
1 . Sodexho shall assign a Regional Account Manager to each Participant. The
Regional Account Manager shall provide assistance to Participant in enrolling in
the Program, in identifying cost savings opportunities based on Participant's
product requirements and in resolving issues with Sodexho Distributors and
Manufacturers as approved for use by the Participant. The Regional Account
Manager shall also provide the Participant with advance notice of regional
training opportunities available to the Participant under the Program and will
assist in sourcing new products for use by the Participant.
2. Each Participant agrees to purchase a minimum of eighty percent (80%) of their
respective requirements for food and related supplies from Sodexho Distributors
to the degree such food and supply items are available from Sodexho
Distributors.
3. At Sodexho's request, Participant shall disclose the total dollar value of all
purchases of Products and items similar to the Products purchased during any
calendar year for the purpose of determining if such Participant has satisfied the
eighty percent (80%) threshold requirement described above. This requirement
may include a Participant providing such information for the year prior to the
Participant joining the Sodexho Program.
4. Participant shall order Products from Sodexho Distributors in accordance with
procedures established by Sodexho and communicated to the Participant.
Participants shall be eligible for a minimum of one delivery per week from a
Prime Distributor. Participants purchasing a minimum of $3,000.00 per week
from a Prime Distributor may be entitled to a second delivery each week to the
extent the purchases continue at a minimum level of $3,000.00 per week.
Commitment to this requirement will be reviewed on a monthly basis or upon
request of a Participant in recognition of the changes in purchasing requirements
associated with the seasonality of the Participant's business.
5. Participant shall pay for all Products ordered from a Sodexho Distributor at a
price determined in accordance with the Agreement. Participants shall (i) make
all payments directly to the appropriate Sodexho Manufacturer or Distributor; and
(ii) establish their own creditworthiness with each such Sodexho Manufacturer
and Distributor.
General Document for Individual participant
1 of 4 10/31/07 at 11: 13 AM
COMMITMENT DOCUMENT -continued
6. In the event Participant breaches the tenns of the Agreement and fails to cure
such breach within thirty (30) days after receiving notice of breach from Sodexho,
Sodexho may tenninate Participant's participation under the Agreement on ninety
(90) days prior written notice.
7. Each Participant shall assign to Sodexho all rebates, discounts and allowances
paid to Sodexho by Sodexho Distributors and Sodexho Manufacturers in relation
to the purchases by Participants.
8. Participants/City of Boynton Beach shall earn incentive payments related to the
purchase of specific products from manufacturers covered under the incentive
plan. A list of manufacturers and product categories covered under the incentive
plan shall be provided to active Participants/City of Boynton Beach on a quarterly
basis either in a written communication mailed to the participant, via an e-mail or
as posted on the ICS website. This list of manufacturers and products will be
updated once per quarter. Participants/City of Boynton Beach shall only be
entitled to incentive payments per the terms of the Agreement. ICS shall bear the
sole responsibility of forwarding all such incentive payments to Participants/City
of Boynton Beach quarterly.
9. SODEXHO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO FOOD, BEVERAGES AND SUPPLIES DELIVERED TO
PARTICIPANT BY A -SODEXHO DISTRIBUTOR OR OTHERWISE
PURCHASED FROM A SODEXHO MANUFACTURER PURSUANT TO THIS
AGREEMENT. THE PARTICIPANTS ACKNOWLEDGE THAT ITS EXCLUSIVE
REMEDY IN CASE OF ANY DEFECTIVE PRODUCT DELIVERED TO IT
PURSUANT TO THIS AGREEMENT LIES SOLELY AGAINST THE THIRD
PARTY SODEXHO MANUFACTURER OR DISTRIBUTOR, AND NOT AGAINST
SODEXHO.
10. Participant shall be wholly responsible for all applicable sales and similar taxes
with respect to their purchases of Products and shall indemnify Sodexho against
any liability related to such taxes.
11. Participant shall hold in confidence all infonnation received from Sodexho or any
of its affiliates or representatives including, without limitation, any know-how,
trade secret, process, confidential or proprietary report or infonnation or other
fonn of infonnation relating to the Sodexho's or its affiliates' business, whether in
written, oral, encoded, graphic, magnetic, electronic or in any other tangible or
intangible fonn, but only to the extent that such material is labeled as
"confidential;" provided that Participant may disclose such infonnation as
required by law.
General Document for Individual Participant
2of4 10/31/07 at 11:13 AM
COMMITMENT DOCUMENT -continued
12. This Commitment Document shall terminate upon the expiration or termination of
the Agreement unless otherwise terminated in accordance with provision 6
above. However, a Participant may choose to discontinue participation in the
Program by providing 90 days written notice of their intent to do so to Sodexho at
the address listed at the end of this Commitment Document. Failure to provide
such 90 days notice will result in the forfeiture of any of the incentive payments
described in paragraph 8. above, which were earned by but not yet paid to the
Participant.
Participant acknowledges that its right to participate in the Sodexho Distribution System
is based on an agreement between Sodexho and the Sodexho Distributors that include
standards applicable to creditworthiness and ability to pay invoices in a timely manner.
Participant acknowledges and agrees that neither ICS nor Sodexho shall be financially
responsible and shall be held harmless by Participant for Its failure to pay any
outstanding invoices.
Dated this
day of
20
CITY OF BOYNTON BEACH
CITY MANAGER
International Club Suppliers
Attest! Authenticated:
Title
City Clerk
(Corporate Seal)
Approved as to Form:
Attest! Authenticated:
Office of the City Attorney
Secretary
General Document for Individual Participant
3 of 4 10/31/07 at 11: 13 AM
Participant
Course Name:
The Links at Boynton Beach
Address:
P.O. Box 310
Boynton Beach, Florida 33425-0310
City: State: Zip:
Phone:
561-742-6511
Fax:
561-966-1700
Email:
haqqerd@ci.boynton-beach.fl.us
Program A/B B (program B allows you to retain a local Sysco Marketing Associate for an
additional 3%)
PLEASE FAX TO:
les
18302 Highwoods Preserve Parkway, Suite 300
Tampa, FL 33647
(813) 558-9644 Fax
(813) 558-9004 Phone
General Document for Individual Participant
4 of 4 10/31/07 at 12:05 PM
VI.-CONSENT AGENDA
ITEM C.5
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 Tumed
Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
0 August 21,2007 August 6, 2007 (Noon.) 0 October 16,2007 October I, 2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon)
0 September 18, 2007 September 3, 2007 (Noon) rg] November 20, 2007 November 5, 2007 (Noon)
rg] October 2, 2007 September 17,2007 (Noon) 0 December 4, 2007 November 19, 2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM rg] Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: : Motion to approve and authorize signing of an Agreement for Water Service outside the City
Limits with Dennis and Christina Hessing for the property at 1107 Peak Rd, Lantana, FL (Ridge Grove Add No 1 Lots 2
65; PCN 00-43-45-09-09-000-2650).
EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San Castle/Ridge
Grove project area. Only potable water is available for connection to the property at this time due to recent water
main improvements constructed by Palm Beach County as part of a neighborhood improvement project. (See location
map). Water service areas have been agreed between the county and the various local utilities. We are required to
provide water to anyone within our service area when requested. Customers outside of the City Limits pay an
additional 25% surcharge.
PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service
to this parcel. No additional construction will be required by the City to serve this property.
FISCAL IMPACT: None
ALTERNATIVES: None. This parcel is within the Utilities service area.
-~
v .~
lty Manager's Slgnature
CM{/
UTILITIES
Assistant to City Manager
" -
~Attorney / Finance
Department Name
S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
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16 II
17
RESOLUTION NO. R07-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
EXECUTION OF AN AGREEMENT FOR WATER
SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE
CITY OF BOYNTON BEACH AND DENNIS AND
CHRISTINA HESSING; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the subject property is located outside of the City limits, but within our
water and sewer service area, located at 1107 Peak Road, Lantana, Florida (Ridge Grove Add
No 1 Lot 265); and
WHEREAS, the parcel covered by this agreement includes a single-family home
located in the San Castle/Ridge Grove project area; and
18 I. WHEREAS, a water distribution main has recently been completed on this street,
II
19 II vicinity, allowing for the service to this parcel; and
II
20 II WHEREAS, no additional construction will be required by the City to serve this
21 property.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
II
23 'I THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirn1ed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27
Section 2.
The City Commission hereby authorizes and directs the City Manager
28 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
29 Dennis and Christina Hessing, which Agreement is attached hereto as Exhibit "A".
30
Section 3.
This Resolution shall become effective immediately upon passage.
I S:\CA\RESOIAgreements\Water Service\Hessing Water Service Agreemcnt.doc
j
1
2
3 PASSED AND ADOPTED this _ day of November, 2007.
4
5 CITY OF BOYNTON BEACH, FLORIDA
6
7
8
9 Mayor - Jerry Taylor
10
11
12 Vice Mayor - Jose Rodriguez
13
14
15 Commissioner - Ronald Weiland
16
17
18 Commissioner - Woodrow L. Hay
19
20
21 Commissioner - Marlene Ross
22 Attest:
23
24
25
26 Janet M. Prainito, CMC
27 City Clerk
28
29
30 (Corporate Seal)
S:\CA\RESO\Agreements\Water Service\Hessing Water Service Agreement.doc
THIS INSTRUMENT PREPARED BY:
James A. Cheraf, Esquire
Goren, Cheraf, Doody & Ezra!. P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale. FL 3330S
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS At\TD COVENANT FOR ANNEXATION
';-.. THIS AGREE~ENT made on this '2 j day of S.e pi e In'j her. 200~, by and bet\veen
-V<:. i" fl/ J -+ C)'1 r /5 .f I ., <-'- e :;;:-5 ("'" hereinafter called the "Customer". and the
CITY OF BOYNTON BEACH, a municipa corporation ofthe State of Florida. hereinafter called
the "City".
WHEREAS, Customer owns real property outside of the jurisdictional limits ofthe City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide \vater
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of \vater
services outside of its jurisdictional limits on annexation of the property to be serviced into the City
at the earliest practicable time.
NOW THEREFORE, for and in consideration ofthe privilege of receiving water service from
the Municipal Water System and the mutual covenants expressed herein, the City ofBoymon Beach
and the Customer. his heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with water service from its Municipal Water
System to service the real property described as follows and which Customer represents is mvned by
Customer: (Exhibit A)
') The Customer and the City hereby agree that there are M Equivalent Residential
COlli1ections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering, material, labor.
installation and inspection of the facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to the Customer's premises. Tlle
Customer shall be responsible for installation in conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the Customer's premises.
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
Engineers. The City shall have the option of either requiring the Customer to perfornl the work
necessary to conform the lines or the City may have the work performed on behalf of the Customer,
in which case the Customer will pay in advance all estimated costs thereof. In the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other facilities extended from the City Water
Distribution System to and including the metered service to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property owner.
6. The Customer agrees to pay all charges, deposits and rates for service and equipment
in connection with water service outside the City limits applicable under City Ordinances and rate
schedules which are applicable which may be changed from time to time.
7. Any rights-of-way or easements necessary to accommodate the connections shall be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City an
Irrevocable Special Power of Attorney granting to the City the power and authority to execute and
advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it
shall cooperate with the City and not raise opposition or challenge to such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option of the City at any
time the property is eligible under any available means or method for annexation. Customer will
inform any and all assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall not
constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
9. Annexation is intended to be and is hereby made a covenant running with the land
described in Paragraph 1 of this Agreement. This Agreement and the power of attorney referenced
herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding
on the Customer and all subsequent transferees, grantees, heirs, successors and assigns.
lO. It is agreed that the City shall have no liability in the event there is a reduction,
impairment or termination in water service to be provided under this Agreement due to any
S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc
2
prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shall have no liability in the
event there is a reduction, impairn1ent or termination of water service due to acts of God, accidents.
strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the
City's reasonable control.
11, The Customer hereby agrees to indemnify, defend and hold harmless the City of
Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and
agents (Both in their individual and official capacities) from and against all claims, damages, la\v
suits and expenses including reasonable attomeys fees (whether or not incurred on appeal or in
connection with post judgment collection) and costs rising out of or resulting from the Customer's
obligation under or performance pursuant to this Agreement including disputes for breach of
warranty of title.
12. No additional agreements or representations shall be binding on any of the parties
hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be
valid upon the parties unless in writing executed by the parties to be bound thereby.
13. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subj ect of this Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
S:\CA'AGMTS\\Vater Service Water Service Agreement - Rev; -6-06.doc
"
.:l
""'-"--'~~''"''~-'--~''''''-'''''''''-'''''''^-''-''~
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
{)~d/ll/S +C1/.Jr2-/ST j/V/f /.I IfSS//VC:- (INSERT NAME)
":f~
\N WITNESS WHEREOF, the parties hereto have set their hands and seals this ;?::> day of
,-k , 200~.
~IDUAL(S) AS OWNER(S):
V~
Ow~ Signature , J
J..)e..h (l t'S I-J-c...s> I n ~
Printed Owner Name
d~~Ii/~':4-
Owper Si&llatureu:
~ 'v ~ ~ B/I\ It eS$i' t-t ~
Printed Owner Name
Printed Witness Name
FOR INDNIDUAL(S) NOT ARIZA TrON:
ST ATE OF ~lo\;d(:J- )
\ \ ) ss:
COUNTY OrtcA\~ l?eaJ\)
r HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
l)pA'\f\~S r:. L..-"f'^-<':'~ I\Ct ~ SS'It\lt to me known to be the person(s) described in and who
executed the foregoing instrument that he/she acknowledged before me that he/she executed the
same; that the individual was personally known to me or provided the following proof of
identification: -
.seF WITNESS my hand and official seal in the COll
o V\\~f ,2001.
-
(Notary Seal) #""~ CAROLANNEFOSTER
.", V.. MY COMMISSION It D0419013
"'l:IJFf\.'Q~ EX PIl<F.3: June 9, 2009
;,;. 153 Florida Notary Service.com
.frt
Man]1ISffidthiS ~5 my of
My Commissiol1
Notary Public
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
,lJ (~jl//{)/ <, '1- (?-H;f!. / S I / /L/ If iltsS//l}{--- (INSERT NAJ\1E)
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
Kurt Bressner, City Manager
ATTEST:
City Clerk
Approved as to forn1:
/1 1
L~C2r~
/k} /..;:. ~I
. C~Attorney
STATE OF FLORIDA )
) ss:
C01.JNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments. personally
appeared . City Manager and
City Clerk respectively. of the City named in the foregoing agreement and that they severally
acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily
under authority duly vested in them by said City and that the City seal affixed thereto is t]1e true
corporate seal affixed thereto is t11e true corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this
.200
davof
(Notary Seal)
Notary Public
My commission expires:
S:\CAAGMTS:V..ater Service'Water Service Agreement - Re\ 1-6-06.doc
5
Palm Beach County Property Appraiser Property Search System
Page 1 of 1
Location Address: 1107 PEAK RD
1~,,~,;"lU.l~-Y;ii,1
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-09-000-2650
Subdivision: RIDGE GROVE ADD 1 IN
Official Records Book: 19405 Page: 884 Sale Date: Oct-2005
Legal Description: RIDGE GROVE ADD NO 1 LTS 265 &. 266
Owner Information
Name: HESSING DENNIS &.
1'$j"x};AI~.,,~):1
Mailing Address: 110 SE 4TH AVE
DEERFIELD BEACH FL 33441 3934
Sales Information
Sales Date Book/Page
Price S;;tleType
Owner
Ir:.;.i-~,",~l
Oct-2005 19405/0884
"t-2002 14302/0055
_dp-2000 12025/0684
$189,500 WARRANTY DEED HESSING DENNIS &.
$113,000 WARRANTY DEED MCARDLE GREGORY &.
$68,000 WARRANTY DEED L &. L HOUSING INCORPORATED
Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use Code:
Property Information
Number of Units: 2
*Total Square Feet: 1920
Description: MULTIFAMILY < 10 UNITS
* in residential properties may indicate living area.
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
I~samaei~
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
liJ-~t<<iWHI
1---",'."1J1IEdaUs:.,c"",,,,,,,,J
NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the
detail on one page.
http://www.co.palm-beach.fl.us/papaJaspxlweb/ detail_info.aspx?p _ entity=00434509090002650&geonav... 10/25/2007
Structural Detail
Page (11
HESSING DENNIS
PCN Number: 00-43-45-09-09-000-2650
Building Structural Data and Drawing are for the Current Tax Roll.
BUILDING 1
Structural Element for Building 1
1. Exterior Wall 1 CB STUCCO
2. Year Built 1962
3. Air Condition Dese. HTG & AC
4. Heat Type FORCED AIR DUCT Subarea and Sq. Footage for Building 1
5. Heat Fuel ELECTRIC No. Code Description Sq. Footage
6. Bed Rooms 2 1. BAS BASE AREA 630
7. Full Baths 2 2. FST FINISHED STORAGE 63
S. Half Baths 0 3. FCP FINISHED CARPORT 534
9. Exterior Wall 2 N/A 4. FST FINISHED STORAGE 63
10. Roof Structure GABLE/HIP 5. BAS BASE AREA 630
11. Roof Cover ASPH/COMP. SHG. Total Square Footage: 1920
12. Interior Wall 1 PLASTER Total Area Under Air: 1260
13. Interior Wall 2 N/A U:Iii~!0liim""M1Iil1an;.Jl&iJ:
14, Floor Type 1 CARPETING
15. Floor Type 2 N/A
16. Stories 1
E t F t
x ra ea ure I
Description Year Built Units
WALKWAY-CONCRETE 206 I
Shuffleboard Court 1
WALL 1405
Patio 689
Unit may represent the perimeter, square footage, linear footage, total number or other
measurement of the feature depending on the feature described.
Detailed Land Information
Land Line # Description
1. MULTI-FAMILY
'Zoning
RM
l0"iB~_1~1 lii~~
f~~_q)J!LSp-_at(J} I ~,,(!IDIl.ljJ)JJJ;;.:fil~ I InformatiQD I ExempJKlm I_Comruuni.l;y I ~Ioyment I New HOII~Y-)ler I Qrtiq, LgC'ltlor;"
VQllJiltldWstm~nt _aoard I Sayg_QJJ.fJ-i.mn~;; I Senior CRrner I DiscJQlllll;!I
IjQr[1f,: I links I GI05Si'lry I [Ag I EQrms I (;QDrQc:tlJJi I P6Pil
(co, 2007 Palm Beach County Property Appraiser.
Cl
/~
http://www.co.palm-beach.fl.us/papalaspx/web/ detail_ inf02.aspx?p _ entity=004 34509090002650&Owner... 10/2/2007
AU Owner
rAil Owner(s)
peN Number: 00-43-45-09-09-000-2650
Owner Names
oESSING CHRISTINA
.ESSING DENNIS &
Page 1 of 1
[.i,~
http://www.co.palm-beach.fl.us/papal aspx/web/ all Owner .aspx?entity _ id=004 3450909000265 O&Owner _'" 9/25/2007
THIS INSTRUMENT PREPARED BY
James A. Cheraf, Esquire
Goren, Cheraf, Doody and Ezral. PA
3099 East Commercial Blvd.
SUite 200
Fl. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
ST ATE OF FLORIDA
n /)
COUNTY OF 1/4LI7/1 154!/K-li~
VWe, "])e. n n ,'5f C!.. h rt5 + I '^ "'- pc ~ 5, h:)hereinafter "Grantee". hereby make,
constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney
in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on
behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for
annexation of the real property described herein into the CITY OF BOYNTON BEACH. This
power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on
Grantee's behalf to accomplish annexation by any available means. The real prope11y \vhich is
the subject of this power is described as follows:
PCNNo.: 00'4 J - L./)' 0,-01-000 -~G5u
The powers and authority of my attorney. THE CITY OF BOYNTON BEACH.
FLORIDA, shall commence and be in full force and effect on the 2 5' rL da\. of
S-.: I'.f<:. I', (, .Il.Y , 20 il and the powers and authority shall be irrevocable by Grantee.
.
;h
IN WITNESS WHEREOF, we have hereunto set our hands and seals the dS day of
Sep~~er , in the year 20CI .
\
ered in the presence of
o =- f-=-
O~er Si~atureJI i "
~,nYlf5 _-fC5S1 Yl)
Print Name
eJL..'~: ~~.~(f
Otr~er Sjgnat~re { ,
\ /....y ( ,t; -h '^ (A ~./~ 5 Lhj
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
w
'" ,\:;fIE FOREGOIN~,,~STRUMENT was ac~.owle. d. g. ed ,be:o,re ,me this)~{" day of
~-"': .:-l: \. ,\Y..., 20..L'-' by D~ "" " t-h v v.. 'j and
CO .,....~ :-;;-~, ":~ ti:':.':-;h.\.~,\ , who are known to me or who (have produced
"5 , as identification, and who ~idldid not t e an oath.
; " j
',- '- '(~ I
NOT~~~:\LIf- c :~,k $--
Type or Print Name
.
· i'''''v,,,~ CAROLANNEFOSTER
I ~ V,," MY COMMISSION II 00439013
""~IIFt\~" EXPIRES: JUlIe 9. ZOO9
(407) 3lI&01S3 Ftarida NOlIIy s.v-=-_
Commission No. -De q ,;..-~ C' I -:.."}
My Commission Expires:
S :\CA \A GMTS\ Water Service\power of arty. doc - 1-6-06
H:\I 990\900 182.BB\AGMT\Power of Attorney-Ind 1-6-06.doc
011';0
0150
140 0130 0120 0110 0100
:n
192.1 feet
50 0060 0070 0080 0090
0030 0040 0050 0060
0070 0080 0090 0100
3130 31515060
3170
3200 322j23oo240
... . ALTO RD.~__
I
3070 30600050 3030 3020 3000
2980
51 Cl2520 2530 2550
2560
26002610 2620 2640
- PEAK RD
r """''' ""
i
890 1900 1920 1930 19501960197~98019902000
2380
2360
.. .. HIGHVIEW RD
j840183018201810 1791
I
I
1008400821 0810 0791
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17801770176017501740173017201710
0110
3250
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---
1
0080 0091 0100 0110 0120
0130 0140
I.
--_...BROWN RQ
0070 0060 0050 0040 0030 0020 0010
3270
3290 3310 3321 33313350 3360
I
3380 3400 341 0 ~
!e
_..AL TOR 0
i
~, ""
I
2960
2340
2330
2010
HIGHl AND RD
0771 07600750 0730 07200710
0910
10980 0991 101U1020 1030
0930
0950
/80
I
1160 1141 11301120 1100 1090 1061
I
_S RIDGEBD.
1250 1261 1280
1300
1311
134V1350
1490
1390
MINERBO...
1050
1360
~
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0'
~
z
I
_J_
i
2910
2890 2871
2850
28402830 2810 2800
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2311 2300 2290228q2270226~250 2230 2220 2200 2180
..2illHL
2030 2040 2060 2070
2090 211021202130 2141 2160
HIGHVIEW RO_
1690 16801670166V165cn640 1622 i 1610 160015901580 1560
070006900680067 oo66oo65<D6UBG30062oo61 (0600)5900571 0560
HlGHLANIl..Ro _
0410 0420 0440045004600470 0481 0491051oo5Cl&12Sl3oo54oo550
04000390 0370 0360
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~
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0150 0130 0120 0100
MINER_RO
. lJIlNER RO_ _
Location - 1107 Peak Rd Unit # A/B
Railroads
Tax Parcels 2005
LOT Labels
Tax Parcels 2003
LOT labels
Tax Parcels 2002
LOT Labels
Sewer Lines (Manatee Bay)
Water Mains (Manatee Bay)
Street Centerlines
STREET Labels
Streets (Manatee Bay)
hydranCequipmentprjSP ProJe
TRSgrid
Water
Utility Selvice Area
"
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,C'~--" -- ". v
, '--"~~ ;t'~;-- ~.
VI.-CONSENT AGENDA
ITEM C.6.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1, 2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15, 2007 (Noon)
0 September 18, 2007 September 3.2007 (Noon) rg] November 20. 2007 November 5, 2007 (Noon)
D October 2, 2007 September 17, 2007 (Noon) 0 December 4, 2007 November 19, 2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM rg] Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: : Motion to approve and authorize signing of an Agreement for Water Service outside the City
Limits with Steve & Laura Gallagher for the property at 816 Bamboo Ln, Delray Beach.
EXPLANATION: The parcel covered by this agreement includes a single-family home located in the Unincorporated
Palm Beach County area. Only potable water is available for connection to the property at this time due to recent
water main improvements constructed by The City a few years ago. (See location map).
Water service areas have been agreed between the county and the various local utilities. We are required to provide
water to anyone within our service area when requested. Customers outside of the City Limits pay an additional 25%
surcharge.
PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service
to this parcel. No additional construction will be required by the City to serve this property.
FISCAL IMPACT: None
ALTERNATIVES: None. This parcel is within the Utilities service area.
t40 ~~~
Department Head's Signature
J..12 dL ,
~~;ignature
Assistant to City Manager ~
~-
City Attorney I Finance
UTILITIES
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE
8 CITY OF BOYNTON BEACH AND STEVE AND LAURA
9 GALLAGHER; PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, the subject property is located outside of the City limits. but within our
13 water and sewer service area, located at 816 Bamboo Lane, Delray, Florida; and
14
WHEREAS, the parcel covered by this agreement includes a single-family home
l5 I located in the unincorporated Palm Beach County; and
l6 1/ WHEREAS, a water distrihution main has ,"cently been completed on this street,
17 II vicinity, allowing for the service to this parcel; and
18 II
II
I I
19 II property.
20 ,I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
WHEREAS, no additional construction will be required by the City to serve this
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22
II
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25
Section 2.
The City Commission hereby authorizes and directs the City Manager
26 to execute a Water Service Agreement between the City of Boynton Beach, Florida and Steve
27 and Laura Gallagher, which Agreement is attached hereto as Exhibit "A".
28
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreements\Water Service\Gallagher Water Service Agrcement.doc
1
2
3 PASSED AND ADOPTED this _ day of November, 2007.
4
5 CITY OF BOYNTON BEACH, FLORIDA
6
7
8
9 Mayor - Jerry Taylor
10
11
12 Vice Mayor - Jose Rodriguez
13
14
15 Commissioner - Ronald Weiland
16
17
18 Commissioner - Woodrow L. Hay
19
20
21 Commissioner - Marlene Ross
22 Attest:
23
24
25
26 Janet M. Prainito, CMC
27 City Clerk
28
29
30 (Corporate Seal)
S:\CA\RESO\Agreernents\Water Service\Gallagher Water Service Agreement.doc
THIS INSTRUMENT PREPARED BY:
Jam:.:s A. Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
, THIS AGREEMENT made on this \ ~'\,., day of s.,~ \:: ,200'\ , by and between
~~~~............... G~'\.~,<. ~~ hereinaft~r called the "Customer", and the
CITY OF B YNTON BEACH, unicipal cwporation ofthe State of Florida, hereinafter called
the "City". \,.::::::>,~'~~x;.
WHEREAS, Customer owns real property outside ofthe jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water
services outside of its jurisdictional limits on annexation of the property to be serviced into the City
at the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of receiving water service from
the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach
and the Customer, his heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with water service from its Municipal Water
System to service the real property described as follows and which Customer represents is owned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are _ Equivalent Residential
Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering, material, labor,
installation and inspection of the facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to the Customer's premises. The
Customer shall be responsible for installation in conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the Customer's premises.
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
,.- .."<.vt'''''''-,*,i.'"'''''"''"''~~<>'i'<rIl~'_. ~ IOiIl,- - '~_""~;.c_'...<.b.,-"',,,,,,,-:,,,,_.-.,...,,,.,.,:._.,,..<
Engineers. The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have the work performed on behalf of the Customer,
in which case the Customer will pay in advance all estimated costs thereof. In the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other facilities extended from the City Water
Distribution System to and including the metered service to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property owner.
6. The Customer agrees to pay all c~~eposits and rates for service and equipment
in connection with water service outside the City limits applicable under City Ordinances and rate
schedules which are applicable which may be changed from time to time.
7. Any rights-of-way or easements necessary to accommodate the connections shall be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City an
Irrevocable Special Power of Attorney granting to the City the power and authority to execute and
advance on behalf ofthe Customer a voluntary petition for annexation. Customer covenants that it
shall cooperate with the City and not raise opposition or challenge to such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option of the City at any
time the property is eligible under any available means or method for annexation. Customer will
inform any and all assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall not
constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
-
9. Annexation is intended to be and is hereby made a covenant running with the land
described in Paragraph 1 ofthis Agreement. This Agreement and the power of attorney referenced
herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding
on the Customer and all subsequent transferees, grantees, heirs, successors and assigns.
10. It is agreed that the City shall have no liability in the event there is a reduction,
impairment or termination in water service to be provided under this Agreement due to any
S:\CA \AGMTS\ Water Service\Water Service Agreement - Rev 1-6-06.doc
2
THIS INSTRUMENT PREPARED BY:
.Ianl'..' /\. Cherof, Esquire
Gort'll, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
\ '- ~"" ~. 7'\
. TH,IS AGRE~]'v1ENT ma~e on this ~ day of ~~ \'" , 2000 \ , by and between
~. '-.; ~o...""""""() ~\$. ~ \.:)~~nafter called the "Customer", and the
CITY OF B YNTON BEACH, unicipal corporatRm of the State of Florida, hereinafter called
the "City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
\VHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water
services outside of its jurisdictional limits on annexation ofthe property to be serviced into the City
at the earliest practicable time.
NOW THEREFORE, for and in consideration ofthe privilege of receiving water service from
the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach
and the Customer, his heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with water service from its Municipal Water
System to service the real property described as follows and which Customer represents is owned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are _ Equivalent Residential
Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering, material, labor,
installation and inspection of the facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to the Customer's premises. The
Customer shall be responsible for installation in conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the Customer's premises.
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
,.,.....O.,~d';:,,):...o"c;..,,:.."''',i'''''"'..''"~~"'''~i'''..>ll~;.;,"''~c.,~.d"",;....,~,~...,..;..,"'., .,
prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shall have no liability in the
event there is a reduction, impairment or termination of water service due to acts of God, accidents,
strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the
City's reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold harmless the City of
Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and
agents (Both in their individual and official capacities) from and against all claims, damages, law
suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in
connection with post judgment collection) and costs rising out of or resulting from the Customer's
obligation under or performance pursuant to this Agreement including disputes for breach of
warranty of title.
12. No additional agreements or representations shall be binding on any of the parties
hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be
valid upon the parties unless in writing executed by the parties to be bound thereby.
13. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subject ofthis Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFf BLANK)
S :\CA \AGMTS\ Water Service\ Water Service Agreement - Rev 1-6-06.doc
3
WITNESS:
/~V/)t-~ l~~ ~,~r.j^.
Witn~s Signature
jU\('1) C=!l'1IC
Printed
III U f)'}
.)ftz{{it-/7~/j
vOwner Signature
Lt"LU 1&),- 07"1.. 116.;1. e: Ii!....
Printed Owner Name
..
~uq,9~
Witn ss%ignature
j o~le LJ"I.\ 'L~....
Printe Witness Name
,.
FOR INDIVIDUAL(S) NOTARIZATION:
STATE OF -t-II-\-. )
), ,").) ss:
COUNTY OF /. (.< [\"\) o~ L.,_)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforel;;aid and in the County aforesaid to take acknowledgments, personally appeared
,S~, ...e (1 h -t" 11 (1 u l i ere,! I ] ~ I L/ to me known to be the person( s) described in and who
executed the foregoing instrument that he/she acknowledged before me that he/she executed the
~ame~ tha~ the individual w~ per~on~ll:y. kno~ ~o me," or Eovided the following proof of
IdentIficatIOn: lJC j, 1 L" /->. I 1'1'-" ,-' ' J.' .
wr:rNESS my hand and official seal in the County and State last aforesaid this ~~ day of
~~~7. 200)
f ~ ^
(Notary rb(\ NO~o%~~::~~:~tf~~da j' ,It .{ -;' ">. } 7} "C--
<< P My ?lmm. expjr!~ Aug., 04. 2011 v / j l
My Co -1' ,~. I J . <? '-' Notary Public
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
~~.,.5~:"'~ C:::.o-.'\.",("~'--' ~ (INSERT NAME)
"-~V~ ~o-.~'O".t"-~ ~~
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
Kurt Bressner, City Manager
ATTEST:
City Clerk
Approved as to form:
City Attorney
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally
appeared , City Manager and
City Clerk respectively, of the City named in the foregoing agreement and that they severally
acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily
under authority duly vested in them by said City and that the City seal affixed thereto is the true
corporate seal 'affixed thereto is the true corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this
,200_.
day of
(Notary Seal)
Notary Public
My commission expires:
S :\CA \AGMTS\ Water Service\ Water Service Agreement - Rev I -6-06.doc
5
Palm Beach County Property Appraiser Property Search System
Page I of 1
Information
Location Address:
816 BAMBOO LN
b,,_~11
I
I
I
I
UNINCORPORATED
Parcel Control Number: 00-43-46-04-00-001-0180
Subdivision:
Offidal Records Book: 14259 Page: 1267 Sale Date: Nay-0901
4-46-43, W 137 FT OF E 327 FT OF SLY 94.5 FT OF NLY 424.7 FT OF
GOV L T 1 W OF FIND CNL & E OF ST RD NO 5
Owner Information
Name: GALLAGHER STEPHEN J &
~II
Address: 816 BAMBOO LN
DELRA Y BEACH FL 33483 6340
Sales Information
Sales Date
Aug-1999 1.J.;Ji25/1522
Jul-1998 1~::s77l1429
Nay-0901 142~9!1267
Exemptions
isals
Tax Year:
1m Value:
land Value:
Tota~ Market \lah,Je:
Price Sa!e Type Owner
$272,000 WARRANTY DEED GALLAGHER STEPHEN J
$187,500 WARRANTY DEED
$1 QUIT CLAIM
GALLAGHER STEPHEN J &
0!omestead' $25,000
2'007
'!tear
Total: $25,000
2001P :2006 ~005
23 189 $23 189 139 784
$510000 $600000 467500
$533 189 $623 189 $607 284
0100 Description: RESIDENTIAL
Tni'on-nation
Units: 1
Number
*Tota!
Feet: 2757
* in residential properties may indicate living area.
P = Preliminary Values
Assessed and Taxable Values
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
Tax: Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
-.-J
2007 P
$3 780
226
4006
20QS
$4 032
$243
4275
NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the
detail on one page.
'I-; f. I(
http://www.co.palm-beach_tl.us/papalaspx/web/detail jnfo_aspx?p _ entity=004346040000 1,.. 10/2/2007
THIS INSTRUMENT PREPARED BY:
James A. Cheraf, Esquire
Goren, Cherof, Doody and Ezro!. P.A.
3099 East Commercial Blvd.
Suite 200
Ft. lauderdale, Fl 33308
IRREVOCABLE SPECIAL POWER OF A TIORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF
IIWe, ~~"\..~,,~ ~~o...~~ ~ \....0..\$'" G~~ hereinafter "Grantee",
hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and
lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of
executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition
for annexation of the real property descnbed herein into the CITY OF BOYNTON BEACH.
This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act
on Grantee's behalf to accomplish annexation by any available means. The real property which is
the subject of this power is described as follows:
PCNNo.:Q\)-l.\~"''\~- C~- 00- 0<:>\- D\~D
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the
day of
, 20_ and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the j III} day of
"S-.e.1)0t- . th e 20 7
'.' II ,ill e y ar _'
,1Sealed and delivered in the presence of
1\ .-}I" '-
"1/
,{ Il t/] .~. " L . Jl------.
Witne~sSi~.. ,atur.e
":) u S L "-'l )/:... ~/. F (\..:.
Prim Nul (
Wrtness Si~ Ltt:?E
Print Name ~
~
Owner Si~ature
~~'-r-.. ~~""~~
Print Name ~
. ~\.).~
.. Wit s i~ature
jD:i(e...l.<)-~~ Y.e2-
Print Name
'1
,~4" ;J ~/1
Owner Signa~e . /
lilLO( a.. L;-;:;L 110 ck2L
Print Name 0
.t;~~~:
Print N
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
.~~~ FO:u'GOI~GcI,\STR~ was ac~:I~~~}JefOe)~ ~\~\daY';:
who are known to me or who have produced
j' L-,. l) i) c, /);I,./'f 12) \ .l- , as identification and who did/did not take an oath.
'. r.
\ ",--- l
) \~ c; "~I l., l'-~/ L /
~1i'
SUSAN M. ENGLE
Nolary Public. Slate of Florida
Commlsslon# 00701049
My c:omm. expires Aug. 04, 2011
NOTARY PUBLIC
','-:~) ~- ( ~ (..---~-~
) L,
-l.A
\ '-----
Type or Print Name
My Commission Expires:
Commission No.
x' - L{ ~ .~ L) t I
I)
\))) --I L) i l.' Ie?
S;\CA \AGMTS\Water ServicelloWef" of aUy .doc - 1-6-06
H:\1990\900182.BB\AGMf\Power of Attorney-lnd 1-3{)"'()6.doc
LOCATION
-
816 BAMBOO LN
I I
I I
00900,0 .0908040
I I
I I '
-----QAMBOO-LN---~---- -------
v "',~ ..,v
I
0140
0170
01500150
s
to ensure the accuracy of the public Information,
data and graphic representations, the City of
Boynton Beach cannot be responsible for
E consequesnces resulting from any omissions or
errors containced herein. The city of Boynton
Beach assumes no liability whatsoever associated
with the use or misuse of this data.
-7- - -
~ 0250
--...-.---.-
0190 0200
0210
0400
I' Railroads
Tax Parcels 2005
LOT Labels
o Tax Parcels 2003
LOT Labels
[7 Tax Parcels 2002
LOT Labels
Sewer Lines
Sewer Lines (Manatee Bay)
Water Mains
Water Mains (Manatee Bay)
Street Centerlines
STREET Labels
Streets (Manatee Bay)
hydranCequipmentprjSP _Proje
TRSgrid
Water
o Utility Service Area
0120
0110
0130
0090
____PALMER--RD--------------.
0221
0470
120
Ci
--- --~I
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W'
~
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fl!
,i i
0390
0240
~ALMER-RD-
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0330
Although every reasonable effort has been made
".... f
...,'~,.
t~.~
Vi~A
1..- '~,
VI.-CONSENT AGENDA
ITEM D.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 August 21,2007 August 6. 2007 (Noon.) 0
0 September 4,2007 August 20,2007 (Noon) 0
0 September 18, 2007 September 3, 2007 (Noon) rg]
0 October 2, 2007 September 17,2007 (Noon) D
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
October 16,2007 October 1,2007 (Noon
November 13,2007 October 15.2007 (Noon)
November 20,2007 November 5, 2007 (Noon)
December 3, 2007
November 19,2007 (Noon)
o
-_J
'""')
c"-:; ..--i
-.-.( -~....
D C)
D Announcements/Presentations City Manager's Report .1>,,-'::':
D 0 I
NATURE OF Administrative New Business r'0
AGENDA ITEM rg] Consent Agenda D Legal -ry
-;,-'...
0 Code Compliance & Legal Settlements 0 UnfInished Business r'0
0 Public Hearing 0 C)
o~
....."...--
.) .-..
';-:J
)
:::~.) .m,'_
:':.::1
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l':~ {-;
RECOMMENDATION:
Approve full release of surety for the project known as Colony Preserve, and return of the performance bond #088158
from Carolina Casualty Insurance Company in the amount of $594,618.97, to the developer of the project.
EXPLANATION:
All required utility improvements for this project have been completed, accepted by the Utilities Department, and
have performed satisfactorily through the I-year warranty period. The surety can therefore be released., and should
be returned to the developer (Attn: Mr. Chuck Halberg, Vice President of Construction, The Holiday Organization
Inc., 200 Congress Park Drive, Suite 206, Delray Beach, FL 33445)
PROGRAM IMPACT:
None
FISCAL IMPACT:
None.
(v
~C'M~S'
Ity anager sIgnature
UTILITIES
Department Name
", Assistant to City Manager
~:;5'~r~<.I'~
City Attorney I Finance
CML/
XC: Peter Mazzella
Christopher Roschek
City Attorney
Finance Dept.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
File
. .
FROM
........ .
ci""ry..oF..OOVNTON..BCH UTILITIES.. ..FAX .No:.. :...5617426298
.De~~.. Ti .2003'.01.: iMPM.. P3......
~ E r>' J:,I1VED
i1 ~ g;;: ;.... _I
EXHIBIT llN.,3n
(LOR, Chap. 7, Art. I, Sec. 3.B.)
(LDR, Chap. 1.5, Art. II, Sec. 7,)
,lJOIt
SOYN10NlEACHUTILlTIIS
PERFORMANCE BOHR
BOND #Ot)8l58
KNOW ALL MEN BY THESE PRBSENTS:
That [I] [we], Colony Pres erve, LLC
PR.IN'CJP~ and Carolina Casualty Insurance 0., as
business in the Stato of Florida. hereinafter referred to as ,~ijlUi.
W\to the City of Boynton Beacht a politioa1lUbd.ivision,~J~.~~ta
CITY. tho fUll andjuat IUIJ1 of **$594 , 6ltJ. 97***ii;i'
lawtW money of the United States of America, to be p',.;to1. i
payment will and truly be made; we bind ourselvn;.cSUr hei
successors aDd assigns, jointly and severally, tirmly by theao
H.It1Aftcr call
authorized to do
and firmly bound
hereinafter called
. Dollan .
Boynton Beach, to which
executors, administrators,
.'~--.....
(WHEREAS, tho above bound PRINCIP
recording of a certain subdivision pla& known
x:ecording i. prior to completion of conatrued
the Subdivision. Platting and Required Imp
respccnvaly afthe Land Development. R ~.'._ ".": .
REGULA nONS, pertaining to said suQcUViJi
received armroval from the CITY for the
Preserve PUD and. Ilrlc~
the Iqlprovements u preacribec1 by
."Il RelUlations. Chapters 2.5, 5 and 6
: ,... City of Boynton BeQCl1, heroinafter the
[WHE.R.EAS, the above bo~~';~~'lPAL has received aooroval from the CITY for the
construction ofa certain project ';';'qi,CoTony :reserv;.~.. _ . and such project
shall eonstnJctand install tho r;red pu6fl'c improvements to support the Project pursuant to the
terms ofthc Permit;] ~d ... ;.
Wastewater Permit #13827l-2l9-DWC
;.";;"8 been iuued that certain r_Wat,:r Permi t #~,~8~n-2l8-DSGP
Pennit] [Land Devet~;> cnnitflNumbar , hereinafter the PERMIT, for
construction of said ~ ~_vement't a oopy of which is attached hereto and by reference
made a part hereof; and
WHERJil&S, it was Qno of the conditions of said REGULATIONS and PERMIT that this
bond be exoc.ute&
l'fOW. ~PORB. the conditions of this obligation ~ such that if the above bound
pR.INCm~;shall~ all respeota comply or cau.e others to comply with the tcmu and conditions
()f '~4~~.~within the time specified. and shall in evory respeet fulfill [its][hilll][her][their]
ob1.tPl1~"'#1~er and undm: the plans therein referred tal then this obligation to be void:
o~h'erwisef1ff!8hBll remain in full force and effect.
Page t of 4 page.
.. ....FRoM..:..c (j-y' 'oF. . BOYNTON . '8cH. 'ur-ii.: iT"iES.... .FAx" NO:'. .:" .56.174;2"629EI.................... .D~.~:.' Ii' 200.:3' '01': 04P~i. P4....'.............
The PRlNCIPAL .md CITY agree that tho City Enainecr may. in writing. reducetJl.e
initial amount stated above in: accordance with the requirementa otsaid REGULATIONS. '.
The SURETY UNCONOITIONALL Y COVENANTS AND AGREES tb.jJ if th~
PRINCIP AL fails to pcrfonn all or any part of the construction work required by d IT"
and REGULATIONS within the tim. specified. the SURETY, upon thirty (3 ._
notice from the CITY or its authorized asent or officer, of the default. to the P ,< AL or It!
authorized agent or officer. will forthwith perform and complete the aforcaaid~~~9~ work
and pay the coat thereof. includioS. but not limited to, cm.aine<<inl. lOiBl, and . . "ftiCQsts.
toaether with any damasea either direct or cD11Seqwmtial. Should the S TV refuae to
porform. and complete tho said improvemonts. CITY, in view of the publi .' ....l1th. safety
1U1d welfare factol'l involved and the inducement in approvina and tt ' ;t:'I'I. shall have
the riibt to resort to any and alllesal remedies againJt the PRINC ..' URETY, or both
at law and in equity inoludhtg specillclllly the specific porfo~".to whi ... the PRlNCDJAL
and SURETY unconditionally aJIW. '" '.,./ ......
The PRINCIPAL AND SURETY FlTRTHBR. .~.~ SBVBRALL Y AGREE
that the CITY. at ita option, shall havo the right to collltr'UCt~i', p. to pubUc advertiJOmcmt
and recoipt ot bids, cause to be constructed the aforesaid ilEq) in case tho PlUNCIPAL
should fail or 1'01\110 to do 10 in accordance witl... e term. of BRMJT. In the event CITY
should exercise and give effect to such risht, th "<,. CIP AL and SURETY shall be jointly and.
80verally liable hereunder to reimburse the ClT colttbcroo~ inCluding but not limtt~ .
to, ensinearins. lopl. and contingent COI 8 th any damases, either direct or
oonsequential, whicb may be sustained ou aoc ,.M?f. lure of the PRlNCIP AL to carry out
and execute all tho obliptionl for co . '.,,'Qn't.~. uired Improvements pursuant to the
REGULATIONS and PERMIT.""
IN WITNESS WHBRBOF.1'.\l~JUNIJPAL hu executed thcac presonts thil.1L day of
January 2004
. -'
(CORPORATE SBAL)
Colony Preserve, LLC
[a Flo.rida corporation][a. FL
UOlmllod to do buainca in Plorida]
/~~'---
. ----.;r
._"""" --~~f IT
CQrporatlon,
--
BY:
ATIBST:
T"T --- J
<In\prossionablc corporat. seal)
Pal" Z of 4 pa...
............'
......-./
........,
.. .FRoM. .:'c1"fy. . OF. . BOYNToN. .EcH. .uTYLr"r.iEs. . ..FAx. .No:.. .:.. .5'6.17426298.
.... .D~.~~... 1';2".2003. '01.: 05PM.. P5
ADDRESS:
','1'-,
'-.....-,'
~mmillion expireS:
if~~:~6~
;l;l)ISl"f futlk. S,J,'!E of New Yl!lrl<;
~~j;W~~ .t~);~;~2~~~
f~;;VN,.s"i;1'"; .:" f~_ G~~"O'
r,;
phnally
executed
on, and
I11Ch ofticcrr
WITNBSS my hand and official seal this .
(Seal)
... ~.
",-./
""\OR:~.'.
~it'<C;E LA;
I tar'\t'PUbIiC'St~..-........
No. 30-491'
Quaii I _;. Nas.
.'w, _'ft I
Commission' ,:.,; ..: ."'- -?IJ..~_"- ~
(INDIVIDUAL PRINCIPAL)
WITNESS:
:' :. :' :':. '/ i'-,' ;.:.: ::7";,~':i1 ~,
BY:
ADDRESS:
(SURETY SIG'iMATURB BLOCK)
wtTNtI:s: y~ i7~1:77~ BY:
~W~J {,~~
Ma, hew Wilkoff; Attorney-in-Fact
~ Franklin Souare
Saratoga Snrings. NY 12866
.....-,
Pale 3 of 4 paielS
BOND No. 088158
ACKNOWLEDGEMENT OF SURETY
State of New York
}
}
}
SS.
County of Nassau
On this 15TH day of January, 2004, before me, a Notary Public in and for said County,
personally appeared Matthew Wilkoff personally known to me, who
being by me duly sworn, did say that he/she is the aforesaid attorney-in-fact of the CAROLINA
CASUALTY INSURANCE COMPANY of Jacksonville, FL, a corporation duly organized and
existing under the laws of the State of Florida, that the seal affixed to the foregoing instrument is
the corporate seal of said corporation, that the said instrument was signed, sealed and executed
in behalf of said corporation by authority of its Board of DIrectors, and further acknowledge that
the said instrument and the execution thereof to be a voluntary act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed by official
seal the day and year last above written.
RITA A. HEFFERNAN
NOTARY PUBLIC, State of New York
No. 01 HE6049448, QUEENS County
Certificate Filed in Queens County
Commission Expires October 10, 2006
a0~
Notary Public
POWER OF ATTORNEY
CAROLINA CASUALTY INSURANCE COMPANY
JACKSONVILLE, FLORIDA
No. 258
BOND #Oo8lS8
KNOW ALL MEN BY THESE PRESENTS: that CAROLINA CASUALTY INSURANCE COMPANY ("Company") a corporation
organized and existing under the laws of the State of Florida, having its principal office in Jacksonville, Florida, has made, constituted allU
appointed, and does by these presents make, constitute and appoint: Gerald J. Wilkoff or Matthew Wilkoff of Gerald J. Wilkoff, Inc., of Mineola.
NY
its true and lawful Agent and Attorney-in-Fact, with the power and authonty hereby conferred in its name, place and stead, to execute, seal,
acknowledge and deliver: any and all bonds and undertalcings providing that no single obligation shall exceed Ten Million and 0011 00 Dollars
($10,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected
officers of the Company at its principal office in then" own proper persons.
This Power of Attorney is granted pursuant to the Minutes of the Special Meeting of the Board of Directors of Carolma Casualty Insurance Company
held on March 30, 1966, to wit:
RESOLVED: "That the following Officers of the Carolina Casualty Insurance Company, Chairman of the Board, President, Secreta..ry and
Treasurer, or either of them, are hereby authorized to execute on behalf of Carolina Casualty Insurance Company, Powers of Attorney
authorizing and qualifying the Attorney-in-Fact named therein to execute bonds on behalf of the Carolina Casualty Insurance Company,
and further, that the said Officers of the Company mentioned, are hereby authorized to affix the corporate seal of the said Company tc>
Powers of Attorney executed pursuant hereto". .
RESOLVED FURTHER. this Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and
they have no authority to bind the company except in the manner and to the extent therein stated.
RESOLVED FURTHER, this Power of Attorney revokes all previous powers issued in behalf of the Attorney-m- Fact named above.
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of
attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to
use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Compa
notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued.
IN WITNESS WHEREOF the Carolina Casualty Insurance Company has caused these presents to be siP.1ed and attested by its appropriate officers
and its corporate seal hereunto affixed this 17th day of June , 2002.
::e~
Betty utherland
'lice President and Secret3.lj
Carolina Casualty Insurance Company
Il' ~G?<'~
By. t.J--- i--
Armin W. Blumberg .'"
PTAo;dAn' "nd ChiA+ ]:;VA~Ht;"o Offi1 ~OT .
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WARNING:
THIS POWER OF ATTORNEY INVALID IF NOT PRINTED ON GREEN "MONITOR" SECURlTY PAPER.
STATE OF FLORIDA)
55
COUNTY OF DlJV AL)
On this 17th day of June , 2002 , before me personally came Betty C. Sutherland to me known, who, bemg by me duly
sworn, did depose and say: that she is Secretary of Carolina Casualty Insurance Company, the Corporation described in and which executed the
above instrument; and that~she knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed by order of the Board of Directors of said Corporation and tha~/she signed his/her name thereto by like order
IN WITNESS WHEREOF.I I.hJ.Y~ .Iyt~~o&~
~/,~pe.,r;:- .r~~ ,...
\'. - PATSY V.J. CARM1CHAEL
. .., MY COMM1SSlON -It CC 766379
.' .:~., ~ EXPIRES: 09i23/2002
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CERTIFICA TE
1, the undersigned, Secretary of CAROLINA CASUALTY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing IS a Just, tr..;c,
correct and complete copy of original Power of Attorney; that the said Power of Attorney has not been revoked or rescinded and that the authority
the Attorney-in-Fact set forth therein, who executed the bond to which this Power of Attorney is attached, is in full force and effect as of this date.
Given under my hand and the seal of the Company, this l5 day of January ,2004.
Endorsement 1
Berkley Regional Insurance Company
Carolina Casualty Insurance Company
NOTICE
Surety Bond Disclosure
Notice Of Terrorism Insurance Coverage
Coverage for acts of terrorism, as defined in the Terrorism Risk
Insurance Act of 2002 (the "Act"), is included in your surety bond. You
should know that, effective November 26, 2002, any losses caused
by certified acts of terrorism, as defined in the Act, would be partially
reimbursed by the United States under a formula established by
federal law. Under this formula, the United States pays 90% of
covered terrorism losses exceeding the statutory established
deductible paid by the surety gompany providing the coverage. The
portion of your bond premium that is attributable to coverage for acts
of terrorism, as defined in the Act is: ,$0.00,
This Endorsement is to be
attached to bond #088158
and to become a part of the bond.
c/o Monitor Surety Managers, Inc. 383 Main Street, Chatham, NJ 07928
CAROLINA CASUALTY INSURANCE COMPANY
STATEMENT, DECEMBER 31,2002
(AMOUNTS IN THOUSANDS)
STATUTORY BALANCE SHEET
Admitted Assets
Bonds
Common & Preferred Stocks
Cash & Short Term Investments
Premiums Receivable
Investment Income Receivable
Reinsurance Recoverables
Other Assets
$ 250,374
17,725
105,197
54,476
3,308
7,299
12,081
$ 450,460
Total Admitted Assets
Liabilities & Surplus
Total Liabilities
$ 139,113
120,144
2,170
52,401
$ 313,828
3,687
102,090
30,855
$ 136,632
$ 450,460
Loss & LAB Reserves
Unearned Premium Reserves
Drafts Outstanding
Other Liabilities
Capital Stock
Additional Paid In Capital
Unassigned Surplus
Total Policyholders' Surplus
Total Liabilities & Surplus
,...r
Officers:
Directors:
President:
Vice President:
Vice President:
V ice President:
Vice President:
Corporate Secretary:
Armin Walter Blumberg
Gary R. Wothe
Robert F. Flannery
Barbara B. Murray
Carroll D. Starmer
Betty C. Sutherland
Armin W. Blumberg
Eugene G. Ballard
William R. Berkley, Jr.
Ira Seth Lederman
Carroll D. Starmer
Gary R. Wothe
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THE HOLIDAY ORGANIZATION, INC.
S'(P(- ~i.fl - 2f/LJO
CHUCK HALBERG
if 3t':.E sJjJ OF CC;~kT~~
4827 Modern Drive. Delray Beach, Florida ~~
(561) 498-1112 Fax (561) 499-2814
chuckh@delraycol.com
The City of
Boynton Beach
Utilities Department
124 E. Woolbright Rd
Boynton Beach, Florida 33435
Phone (561) 742-6400
FAX: (561742-6298
.-................., '.
PROJECT:
Colony Preserve
FINAL WALK-THROUGH INSPECTION
DA TE: January 6, 2006
Chuck McGovern
Project Manager
TIME: 9:00 AM
Jim Abernathy - Engineering Rep.
Arcadis
CORRECTIONS COMPLETEED 1/6/2006
GENERAL NOTES:
/.
1. All markers found sewer and water.
2. All valves operated and left in open position and half turned back.
3. All hydrants operated.
4. All hydrants are red and in good condition.
5. All landscape valves have collars.
6. All meters to grade with markers.
7. All clean outs found with markers, asphalt have #7610 covers.
8. All manholes open and checked.
9. Asphalt has been removed from manhole lids.
~fitCTOR
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INEER
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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 Office
0 August 21, 2007 August 6, 2007 (Noon.) D October 16, 2007 October I, 2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) D November 13,2007 October 15,2007 (Noon)
0 September 18, 2007 September 3, 2007 (Noon) rg] November 20,2007 November 5, 2007 (Noon)
D October 2, 2007 September 17, 2007 (Noon) D December 3,2007 November 19,2007 (Noon)
0 Announcements/Presentations D City Manager's Report
NATURE OF 0 Administrative D New Business
AGENDA ITEM 0 Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
0 Public Hearing D
RECOMMENDATION: Motion to approve the utilization of $35,000.00 from the General Fund contingency for the
purpose of "Cultural Competency Training" for the employees of the City of Boynton Beach. The training will be
provided by Toward a More Perfect Union, Boynton Beach FL.
EXPLANATION: The Human Resources Department is requesting authorization to require all employees of the City
to complete a four hour cultural competency training. Through the cultural competency training program,
participants learn to view each individual as having a unique culture, and gain tools to develop more culturally
proficient personal and professional behaviors. The training addresses knowledge, attitudes and skills by building on
the following five essential elements of cultural competence:
* Awareness of one's own culture
* Understanding the dynamics of difference and the power model
* Awareness and acceptance of difference
* Development of cultural knowledge
* Celebration of diversity
PROGRAM IMPACT: In response to the changing demographics of Palm Beach County and resulting need for
residents to embrace its evolving multi-culturalism the Cultural Competency Training Program (CCTP) was
established.
FISCAL IMP ACT: Utilization of General Fund contingency funds in the amount of $35,000.
AL TERN A TIVES: Not to proceed with the training and the City's employee would not gain the elements of cultural
competence.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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Department Name
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perfect Onion
Proposal
City of Boynton Beach, FL
Cultural Competency Training
November 2007
Introduction to Cultural Competency Training
The case for improving cultural competency is clear in "Problems in Paradise, The People of Palm
Beach and Martin Counties Speak up," the comprehensive public opinion survey conducted in 2005
by The Community Foundation for Palm Beach and Martin Counties. The report states, "In
diverse communities, the benefits of cultural exchange are often overshadowed by the fact that
relations between racial and ethnic groups can be fraught with tension, emotion and some lack of
understanding about other groups' points of view." Specific relative to our own community the
report continues, "In Palm Beach County, a majority of residents have a rather negative view of
race relations, but that view may still be an improvement over a decade ago. While 40 percent of
residents describe race relations in Palm Beach County as excellent or good, 53 percent say they are
fair or poor."
On a more universal scale, the National Center for Cultural Competence at Georgetown University
has identified the following indicators:
. long-standing disparities in the health status of people of diverse racial and cultural
backgrounds
. need for higher quality of services
. regulatory and accreditation mandates
. the changing workplace environment
. increasing liability and/or malpractice claims
In response to these needs, and the changing demographics of Palm Beach County and resulting
need for residents to embrace its evolving multi-culhlralism, Toward a More Perfect Union
established a county-wide Cultural Competency Training Program (CCTP).
Through the Cultural Competency Training Program, participants learn to view each individual as
having a unique culture, and gain tools to develop more culturally proficient personal and
professional behaviors. Based on the model developed by the Seattle-based Cross Cultural Health
Care Program, the training addresses knowledge, attitudes and skills by building on the following
five essential elements of cultural competence:
. A wareness of one's own culture
. Understanding the dynamics of difference and the power model
. A wareness and acceptance of difference
. Development of cultural knowledge
. Celebration of diversity.
Proposal, Cultural Competency Training, Page I of 4
Rather than singling out specific groups or ethnicities by developing "lists" of values and beliefs,
the approach focuses on cOl1l.municating, building trust being sensitive, and recognizing and
learning about the unique and special qualities of various cultures.
Developed originally to help healthcare and socia! service agencies reduce barriers and mcrease
access to services, TMPU continues to adapt the curriculum for a variety of private businesses illld
public entities that may also benefit from improved culhlral competence in dealing ,,,ith their own
employees, customers, and communities. Examples of those organizations are the Boynton Beach
Police Department, Northern Trust Bank, the Citv of Delray Beach, Palm Beach County Fire (lIld
Rescue, the Norton Museum, and WPTV Channel 5.
TMPU Qualifications and Experience
Tmvard a More Perfect Union has extensive experience reaching, engaging, and providing cultural
competency training. After participating in a 2002 pilot program, at the urging of several key Palm
Beach County stakeholders including the Children' 5 Services Council and the Diversity Venture
Fund of the United Way, in 2004 TMPU developed the Cultural Competency Training Program
(CCTP),
Since inception of the CCTP TJ\1PU has trained over 2000 people. Response to both the concepts of
cultural competency and the trainers who present the workshops has been exceptional. ",Vhile
e\,:'aluation data ShO\AJ gaiT1s i11 kno\.vledge arId h.igh perceived \/alue of tile progran:., results rnay
perhaps best be demonstrated by participants' comments. Several quotations that follow from
post-tralll.ing evaluations are representative:
"~(I cn17le expecting...) to be trained Oil culture al1d how to 110t stereotype and be more ellltl/mlll!
(J gut...) so mllch 17wre! The tmining has opened !III! CL/es to many aspects in life and will definit,'IL/
reflectfllture actions and relations I 1717ue 70ith people or situations ill 1IIY life. Thank l/ouf(Jl' teaching
lIle so nlllch Illese past Few days -Ioued itt"
"~(I crune expecting...) tool~ thot 1 can !!~C in IllY cvcr,l/dny life. (Igot...) the knou1lcdgc that everJ,'
encounter is cross-cultural and I should be muare of lilY values and biases & be 1I10re open C:,. respecttiil
This was uer1! infonnatlve and life c1wnglngfcn. me I ;:('as challenged but(ecl that It wns needed - I can
only hope thnt I keep this with II1cfor years to come ,.
"(J cnme eJpecting...) to hnve a lot of knowledge but soonfozmd Ollt that I have nlot to learn. (] .)
a greater understanding of kilo wing a/Jout the value o.tothers and Ihat I haue to know selffi,.st 1 could
not wait to get here each dm!"
Consistent with its mission, i.e.. "to unite (llll ClJ/llIIll/llih! through civic participatiON and opel! dialogue
that leads to constrllctiue netion on race, ethnic nnd cllltural relations, promoting human dignity awi
creating opporhmihlfcJI" all," TT\fPU seeks to address the cultural competency not only of indiVIdual
employees or target audiences, but also their leaders, and members of various communities,
ultimately leading to broad based organizational and svstemic change.
Pn1p():-;ali Ctlltural ConlpC'lenc\' fralrIlnL: I\il,~l' ~ ,';I-.f
Key Program Staff
Rick Caldwell, the Director of TMPU's Cultural Competency Program, has extensive expertise in
curriculum design with focus on diversity and multi-cultural experiences, and is exceptionally well
qualified to implement and oversee the program. Along with Mr. Caldwell, a cadre of trainers
hand selected and certified by the Cross Cultural Healthcare Program provides the training. Each
trainer has been evaluated thoroughly by the Director and is effective in establishing a supportive
learning environment and an atmosphere of mutual respect and trust, both among participants
and between the participants and trainer. In addition, the trainers understand that the course is
designed to help participants heighten their awareness, improve their knowledge, and increase
their skills to work effectively in a diverse work environment, and have demonstrated their
abilities to help participants accomplish those objectives.
Description of Services to the City of Boynton Beach, FL
TMPU will provide the following cultural competency training workshops:
. Half-day (4 hours) training workshop
All training will be held in the City of Boynton Beach. TMPU and the HR department of Boynton
Beach will jointly schedule use of facilities and TMPU will provide all equipment, certificates and
materials
Schedule of Services
The cultural competency project will commence in November 2007. A minimum of 15 and
maximum of 30 people will participate in each workshop, and training will be completed
according to a schedule to be determined jointly by the Director, CCTP, TMPU and Director of
Human Resources, City of Boynton Beach.
Cost of Services
Workshop fees are as follows:
.. $1,875.00 Per session for the half-day workshop
TMPU will submit invoices to the City of Boynton Beach periodically as workshops are completed,
depending on the training schedule. Payment is due within 30 days.
Proposal, Cultural Competency Training, Page 3 of 4
Planning and Evaluation
Planning and evaluation ,lCtivities as follows will assure smooth roll-out and effectiveness uf the
training process.
· Preliminary planning meeting 'with the Human H.esources Department, and other
designated individuals, prior to beginning the project
· Feedback session follo'vving the senior management workshops in preparation for trainir\g
line staff
· Ongoing communication and periodic meetings as needed to evaluate training of line staff;
meetings may be requested at any time by the Human Resources Department.
· Written evaluation of effectiveness of the workshops by the participants
· Final report to the Human Resources Department, City of Boynton Beach on numbers 01
people trained, denwgraphics, evaluation data, and obsen'ations/recommendations
· Project closure meeting to review the final report and consider follovv-up and future plans
Contact Information
TO'luard a More Perlect Union
Rick Caldvvell, Director of Cultural Competency Training Programs, TMPU
561-740-7005. Ext. 2
rcald well@tmpu.org
2300 High Ridge Road
Boynton Beach, FL 33426
City of Boynton Beach
Sharyn Goebelt
Human Resources Director, City of Boynton Beach
561-742-6275 (office)
100 E. Boynton Beach Blvd
Boynton Beach, FL 33425
['r\1['\1,al, Cultural
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VIII.-PUBLIC HEARING
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1,2007 (Noon
0 September 4, 2007 August20,2007 ONoon) D November 7, 2007 October 15, 2007 (Noon)
0 September 18,2007 September 3, 2007 (Noon) rg] November 20, 2007 November 5, 2007 (Noon)
0 October 2,2007 September 17,2007 (Noon) 0 December 4, 2007 November 19,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 UnfInished Business
rg] Public Hearing D
RECOMMENDATION: Please place this tabled item on the November 20, 2007 City Commission Agenda under
Public Hearing. The City Commission, on November 12,2007, tabled this item to the November 20th meeting at the request
of the agent. The Planning and Development Board, on September 25,2007, recommended that the request be denied. For
further details pertaining to this request, see attached Department Memorandum No. 07-079.
EXPLANATION:
PROJECT:
AGENT:
DESCRIPTION:
Makrista Baby (ADAP 07-002)
Michael S. Weiner, Weiner & Aronson, P.A.
Request for appeal of the administrative determination that the subject use, Makrista
Baby, is not similar to a tailor and dressmaker, and therefore not an allowed use within
the C-l OffIce and Professional Commercial Zoning District.
C~:J>
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES:
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City Manager's Signature
Develop
Assistant to City Manager
~(J G -~
Planning and Zonin&>>ir~ctor City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Makrista Baby ADAP\Agenda Item Request Makrista Baby ADAP 07-002 10-16-07.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
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DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 07-079
TO:
Chairman and members
Planning & Development Board
Community Redevel~ent Agency Board
- '~~
Michael Rumpf ~JJ. .
Planning & Zoning Director
August 3, 2007
FROM:
DATE:
RE:
Makrista Baby (ADAP 07-002)
Appealing administrative determination that use is not permitted in the C-1
Zoning District
BACKGROUND
On June 4,2007, the city received a letter from Jason Mankoff, attorney with the firm of Weiner
& Aronson, P A representing a request for zoning determination, or alternatively stated, a
similarity of use request (see Exhibit "A"). More specifically, the letter requested that a business
named "Makrista Baby" be found similar to a tailor and dressmaker, which are personal services
listed as conditional uses under item "s" of Section 6.A. C-l, Office and Professional
Commercial District (see below).
"s. Barber shops, beauty salons, manicurists, tailors and dressmakers. * "
Based on this alleged similarity, Mr. Mankoff requests that the subject use be construed as an
allowed use within the City's C-l, Office & Professional zoning district. Justifications provided
to support the request emphasized customer traffic and the principal business activity of altering,
adapting and embellishing clothing. It was also stated that the company's processes include using
digital photography and computer equipment to photograph or enhance the product line, which
would also be similar to another allowed use in the C-l district, Photography studio services.
On June 15t\ after conducting the appropriate review, staff replied in writing to the above-
described request (see Exhibit "B"). Staff denied the request that the subject use be determined
similar to a tailor or dressmaker, based on the findings that the subject use possesses
characteristics that are clearly commercial in nature, and therefore would be categorized as a
retail and wholesale use accommodated by the City's commercial zoning districts rather than the
office and professional district.
In a letter dated June 27, 2007, Mr. Mankoff appealed the staff determination thereby requesting
that the matter be reviewed by the Boards and Commission (see Exhibit "C"). The City's Land
Development Regulations, Part III, Chapter 1.5, Section 4.I(E)(3) provides for the review of
appeals of the decisions of an administrative official, by individuals who may be affected by any
decision of an administrative official interpreting any zoning ordinance. The only procedural rule
Makrista Baby (ADAP 07-002)
Page 2
stated in the LDRs is that the appeal be made within 30 days from the date of the administrative
action. The subject appeal has been filed consistent with this requirement.
FINDINGS AND ANALYSIS
The staff analysis on which the original determination was based, concentrated on the following:
1. The intent and nature of the C-l zoning district;
2. The characteristics of the targeted personal services category; and
3. The predominant retail component of the subject business.
Section 6.A of the city's zoning regulations describes the intent of the C-l zoning district to
". . . provide appropriate space for office and professional uses, located to provide ready access to
such services to all.". The C-l district includes the following uses (paraphrased):
churches pharmacies
financial institutions medical supplies
funeral homes (crematorium*) eyeglasses and hearing aids
government facilities professional and business offices
hospitals veterinary offices and clinics
doctors and dental offices nursery schools*
schools restaurants ancillary to an office building*
tutoring for office occupations and barber shops, beauty salons, manicurists,
academics (> 1,999 sq.ft. *) tailors and dressmakers*
copying service and print shops dentallabs*
photography studios services (excluding nursing homes
retail sales of supplies and accessories)
(Note: conditional uses are identified with the "*")
Intent and Nature of C-1 Zoning District
The above table represents an array of use category that primarily involve office, professional
and medical businesses or facilities. Furthermore, it should be emphasized that those uses that
include retail sales as a principal use are directly related to the medical industry or provide a
related and necessary professional service such as that required in connection with the purchase
of eyeglasses or hearing aids. Such uses are limited to pharmacies, medical supplies, eyeglasses
and hearing aids. The list above also includes unique uses that are typically accommodated in
many zoning districts based on zoning practice, law and compatibility. Such uses are unique to
other uses and easily distinguished by performance, peak activity, and/or relationship with
patrons or employees of the other uses in the district.
In contrast, the C-2, Neighborhood Commercial district in the "zoning pyramid" is the first
district that introduces retail as a principal use. The first five use categories listed under the C-2
district involve merchandise that includes auto parts, Can1era equipment and supplies, furniture
and home furnishings, flowers, and bicycles. This zoning district also allows clothing, clothing
accessories and shoes if the store is less than 10,000 square feet. These and the remainder of uses
Makrista Baby (ADAP 07-002)
Page 3
allowed in the C-2 zoning district consist of retail sales as a principal use and have specific lines
of merchandise.
Characteristics of Personal Service Use Category
It is traditional and typical for uses such as barber shops and other "personal services" to be in
close proximity to business offices. This category also includes specialized services such as
tailors and dressmakers. Given the nature and characteristic of the category, to provide one-on-
one service to patrons, a "dressmaker" excludes larger-scale textile operations that are otherwise
limited to districts that allow manufacturing. The business within this personal service use group
provide services to individual customers as a principal use, and only sell retail products as
accessory to the principal use. Any equipment used by tailors and dressmakers are solely
intended for performing a service on the individual materials that are brought by the customer.
Makrista Baby - Retail Sales as Principal Use
In contrast, the Makrista Baby business, as described in Mr. Mankoffs letter dated June 4th, "is
a company whose primary business is that of a small children's clothing line". The customers are
described as "currently small, high-end children's boutiques across the country". This statement
also describes the operation as a wholesale business. According to the company's web site, the
product line consists of clothing intended for babies to toddlers (i.e. sizes zero (0) to 24 months),
and generally include "T"-shirts, "yoga" pants, leggings, bibs, cardigans "onesies" and hats. The
clothing is marketed with an artistic theme represented by different images, designed by the
merchants using elements such as animals, instruments, and foods. The clothing product is not
provided by the customer, but is the merchandise manufactured by the company. It is understood
that the clothing is manufactured offsite. Consistent with information provided in the website,
Mr. Mankoffs letter also describes the operation as follows: "They embellish already
manufactured articles of clothing by dying, adding heat pressed images to the fabric, or sewing
on patches.". Furthermore, the operation is described as using equipment that is typically a part
oflight to heavy commercial operations allowed in the C-3, C-4 or M-l zoning districts.
The narrative provided above describes what is known typically as a boutique retailer, which
provides a special retail product unique to that provided by national or other large retailers.
Lastly, staff recognizes that it is common today for many uses to have increasing electronic
business using the internet. However, the subject business also accommodates walk-in
customers, and does not operate to reduce walk-in customers accordingly. Therefore, this review
has not accounted for "e-commerce" and any suggested reductions in site impacts or
performance.
CONCLUSIONS/RECOMMENDATIONS
Staff recommends that the appeal be denied, and that the staff determination regarding the
dissimilarity between the proposed business and the use "tailors and dressmakers", as allowed in
the C-l Zoning District, be upheld. This recommendation is based, in part, on the following:
1. The subject use, Makrista Baby, consists of a principal use that is clearly a retail
operation marketing a product line consisting of baby and toddler clothing;
2. Except for commercial or industrial businesses, to accurately assess compatibility and
relationship with adjacent businesses, performance (i.e, type of patron or vehicle traffic).
Makrista Baby (ADAP 07-002)
Page 4
and consistency with local zoning regulations, uses are evaluated primarily based on the
service or products provided rather than solely on the equipment or processes used;
3. The C-l zoning district is not intended for retail businesses except for those uses related
to the medical or health industry; and
4. There are other districts clearly intended for the subject use including the C-2, C-3, C-4
and PCD zoning districts.
Lastly, consideration should also be given to an inevitable consequence if this appeal is
approved. A finding of similarity between the subj ect use and C-l zoning district, could support
the approval of similar appeals subsequently filed, and ultimately weaken the definitions and
interpretations that differentiate the C-l zoning district from other districts that allow retail and
commercial uses. This action could affect use compatibility, availability of land for the intended
businesses and present a challenge to meeting the more intensive parking requirements for
retaiVcommercial uses.
MR
Attachments
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EXHIBIT A
The Clark House
102 North Swinton Avenue
Delray Beach, FL 33444
Telephone : (561) 265-2666
Telecopier: (561) 272-6831
E-mail: jmankoff@zonelaw.com
--.. ..-
MICHAEL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
KERRY D. SAFfER
SHA YNA M. REITMAN
June 4, 2007
Via Hand Delivery
Mr. Michael Rumpf, Director
Planning and Zoning Department
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
;......_, i/J1f ~Dp
i~~" if; . CUPf
Re: Similarity of Use
Our File No.: MABA002
Dear Mike:
Pursuant to the City of Boynton Beach ("City") Code of Ordinances, we are
requesting a similarity of use within the C-1 Office and Professional Commercial District.
Within the C-1 zoning district, tailors and dressmakers are allowed as a conditional use.
This letter will explain why we believe the proposed use is similar to a tailor and/or
dressmaker.
Makrista Baby is a company whose primary business is that of a small children's
clothing line. The operations would be located at 230-236 SE 23rd Avenue. They
embellish already manufactured articles of clothing by dyeing, adding heat pressed
images to the fabric, or sewing on patches. They would also like to silk-screen images
onto the clothing through the utilization of a manual five (5) screen print machine.
The majority of the clients of Makrista Baby are currently small, high-end
children's boutiques across the country. Business transactions take place over the
internet and telephone. However, Makrista Baby would also like the opportunity to sell
items created directly to clientele, as would be the case with a tailor or dressmaker.
The operations would include digital photography and illustrations using both
cameras and computers, possibly of children in the Makrista Baby line of clothing.
Photography studio services and developing/finishing of customer film is a permitted
O\MABA002\Leller 10 Michael Rumpf Ie Similarity of use. June ~ 200700c
EXHIBIT A
Mr. [\,1ike Rumpf
June 4, 2007
Page 2 of 2
use within the C-1 district. Thus, the activity of photographing children in their products
and creations is equivalent to this permitted use, as these photographs would not be
developed or sold for retail.
Makrista Baby is a specialized, low traffic, small business. Their activities are
similar to those of a dressmaker and tailor, as they are merely altering, adapting and
embellishing the clothing as it currently exists for specific clientele. Thus, the operations
of Makrista Baby should be permitted as a conditional use in the C-1 zoning district.
Additionally, if the similarity of use is granted, the use would still be subject to the
additional requirements for a conditional use, including approval by the appropriate City
Boards. This is simply small business owners wishing to conduct themselves in
accordance with the City ordinances, and thus are requesting a similarity of use in order
to do so.
Very ruly y;)urs,
~i !tankOff
IJ6 :smr
I I
( ec: Ms. Kristy Golden
i j Ms. Stacy Beck
V Michael S. Weiner, Esquire
Shayna M. Reitman, Esquire
0:\fvIABA002\Letter to Michael Rumpf re similarily of use. June 4 2007.doc
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING orvrsoN
100 E. Boynton Beach Boulevard
P.o. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
EXHIBIT B
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www.boynton-beach.org
June 15,2007
My. Jason S. Mankoff
102 North Swinton A venue
Delray Beach, FL 33444
Re: Similarity of Use - Mamsta Baby and tailor/dressmaker in C-I
Weiner & Aronson, PA file: MABA002
Dear My. Mankoff:
Staff has reviewed your request to determine if the above-referenced use is similar to a tailor and/or dressmaker,
allowing such use to be conditional in the C-l Zoning District pursuant to use item "s" within Section 6.A of the
City's Zoning Regulations. Item "s" is titled as follows:
"s, Barber shops, beauty salons, manicurists, tailors and
dressmakers. *"
Although the subject use may use similar equipment as a tailor or dressmaker, the principal aspects of the
businesses being compared differ; tailors and dressmakers are classified as personal services whereas the subject
use is interpreted principally as a retail or wholesale operation. Although if the use "dressmaker" were listed
individually in the city's zoning regulations, and not defined otherwise, it could be construed as a retail/wholesale
business or even a manufacturing business. However, the "dressmaker", along with barber shops, beauty salons,
manicurists, and tailors are "personal services". Although such businesses may sell some products, that
component would be ancillary to the principal service use.
The interpretation used in this review for the subject business has been based, in part, on the descriptions taken
from the web site for Makrista Baby. You will see from this narrative, that a retail product is the faun dati on for
this operation. This business provides a product, rather than a service. To support this position, excerpts from the
subject web site have been included below:
Our garments are manufactured using only the highest quality fabrics and workmanship. We use only
ringspun 100% cotton yarns, chosen from selected cotton fields around the globe. After much research
we have found that the European combed cotton used in our clothing is the very softest available. This
provides our garments with the soft, plush feel you and your baby deserve.
Makrista Babv clothing is garment dyed using our own custorn mixed dyes and finished with double
stitching and all seams have an overlock stitch to prevent unraveling.
And further:
\Ve take pride in providing versatility by allowing our customers to choose any Makrista Babv image and
apply it to any !!arment we carry.
.. Page 2
June 15, 2007
EXHIBIT B
And lastly:
100% Guarantee on alll!"arments with factory defects when reported within 15 days of receipt.
As for the photographic component of the operation, based on your description and information provided on the
company's web site, I must assume that this is an ancillary aspect and has been reviewed accordingly.
In closing, if such businesses were interpreted as being consistent with the above-described personal service item,
this precedence would justify subsequent similar requests involving retaillboutique businesses and the C-l
Zoning District. Furthermore, if a comparison is based primarily on the equipment used, then other valuable
characteristics that comprise a given business would be excluded, and necessary for determining performance
characteristics and intended relationships with other businesses in a given district.
I trust I have adequately responded to your request. However, if you have any questions regarding this letter, or
additional information that contrasts the findings or assumptions stated herein, please contact me. Unless personal
service characteristics are identified similar to those currently accommodated by the C-l district, I'm certain that
you would arrive at the same conclusion given your lmowledge of and experience with local zoning regulations.
Sincerely,
t~
Michael Rumpf
Planning & Zoning Director
MR
cc: Maxime Ducoste Amedee
S:\Planning\SHARED\WP\CORRESP\Co~esp M thru ZlMakrista Baby. Similarity of lIse (tailor and dressmaker).rtf
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
EXHIBIT C
MICHAEL S. WEINER
CAROLEJ.ARONSON
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: jmankoff@zonelaw.com
JASON S. MANKOFF
KERRY D. SAFIER
SHA YNA M. REITMAN
June 27, 2007
Via Hand Delivery
Mr. Michael W, Rumpf
Director of Planning & Zoning
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425
mI~@~a\'#~@
JUN 2 8 2007
PLANNING AND
ZONING DEPT.
Re: Makrista Baby
Our File No.:MABA002
Dear Mike:
We are requesting a hearing before the City Commission to appeal your decisio:-'J
that the business operations of Makrista Baby are not a similarity of use to that of a
tailor/dressmaker, which are conditional uses in the C-1 zoning district pursuant to Section
6.A of the City's Zoning Regulations. Item "s" is tilted as follows:lfs. Barber shops, beauty
salons, manicurists, tailors and dressmakers." The property located at 230-236 SE 23rd
Avenue is within the C-1 zoning district.
We are authorized to make this request pUrSliqnt to the Land Development
Regulations ("LDRs") of the City of Boynton Beach ("City") under Chapter 1, General
Provisions: Articie VII, Appeals. Our Similarity of Use request dated June 4, 2007 is
attached as Exhibit "A" and made a part of the record. Your response of June 15,2007 is
attached as Exhibit "8."
Since your decision was rendered on June 15, 2007, this request is timely filed
within fifteen (15) calendar days, as required by the LDRs. We are appealing this decision
because the operations of Makrista Baby are in fact a similarity of use to that of a
tailor/dressmaker. The terms "dressmaker" and "tailor" are not specifically' defined in the
City's zoning regulations so they must be given their plain meaning.
The American Heritaoe Dictionary defines "dressmaker" as one that makes women's
clothing, especially dresses. Makrista Baby is making baby clothing. "Tailor" is defined as
one that makes, repairs and alters garments. Makrista Baby's business is the making or
altering of baby clothes. Rooet's New Millennium Thesaurus includes garment maker,
dressmaker, outfitter, clothier and seamstress as synonyms to tailor. The operations of
Makrista Baby primarily consist of images being applied to the already manufactured t-
shirts by a digital screen printing process or by sewing. This operation is similar to that of a
dressmaker and/or tailor in that garments are being altered or made. It is no different than
O:\MABA002\Lelter to Mike Rumpf requesting Appeal. June 27, 2007.doc
Mr. Michael Rumpf
June 27, 2007
Page 2 of 2
EXHIBIT C
the embroidery of initials on a shirt of other garments to personalize it for its owner.
Enclosed please find a check in the amount of Seven Hundred Fifty and 00/100
($750.00) Dollars representing the fee required for this appeal. I understand that a survey
is not necessary for this type of appeal.
Please let me know the date of this appeal before the City Commission. We reserve
the right to present more evidence at the hearing.
Jason S. Mankoff
JSM:vf
Enclosure
Cc: James Cherof, Esquire (w/enclosure)
Ms. Janet Prainito, City Clerk (via hand-delivery w/enclosure)
Ms. Kristy B. Golden (w/o enclosure)
Ms. Stacy Beck (w/o enclosure)
Michael S, Weiner. Esquire (w/o enclosure)
O:\MABA002\Letter to Mike Rumpf requesting Appeal. June 27, 2007.doc
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VIII.-PUBLIC HEARING
ITEM B.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 21, 2007 August 6,2007 (Noon.) D October 16, 2007 October I, 2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon)
0 September 18, 2007 September 3, 2007 (Noon) rg] November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September 17, 2007 (Noon) 0 December 5, 2007 November 19,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfmished Business
rg] Public Hearing 0
RECOMMENDATION: Please place this request on the November 20,2007 City Commission Agenda under
Public Hearing. The Planning and Development Board on October 23,2007 recommended that the request be approved.
For further details pertaining to this request, see attached Department Memorandum No. 07-103. 0 ,-:-;
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EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
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DESCRIPTION:
Cortina at Boynton Village (SPTE 07-010) :;po-
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Stephen Liller, K. Hovnanian Homes -'-
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South Florida Devco, Inc. \of? -';'~
Northeast corner of Old Boynton Road and Congress Avenue, just south of the SBWMB~
C-16 canal - rr.~
Request for a second one (1) year site plan time extension of a site plan (NWSP 05-001)
originally approved on September 20,2005 for 458 townhome units in the Boynton
Village and Town Center Development. This second request would extend approval
from September 20, 2007 to September 20, 2008.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
Assistant to City Manager
~
~ ~ A<<-
./ Planning and Zoni Director City Attorney / Finance
S:\Planning\SHARED\ WP\PROJECTS\Boynton Village-Boynton Town Center I \Boynton Village Cortina NWSP 05-00 I \SPTE 07 -0 I O\Agenda Item
Request Cortina @ Boynton Village SPTE 07-010 11-20-07.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME /
NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-103
STAFF REPORT
Chair and Members
Planning and Development Board and
Mayor and City Commission
Kathleen Zeitler ~~
Planner // J //
Michael W. RU~
Director of Planning and Zoning
October 16, 2007
Cortina at Boynton Village / SPTE 07-010
Site plan time extension for 458 fee-simple townhouse units and related
site improvements on a 30.29-acre parcel in the SMU Suburban Mixed-Use
zoning district.
Property Owner:
Applicant:
Agent:
location:
Existing Land Use:
Existing Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
PROJECT DESCRIPTION
South Florida Devco, Inc.
K, Hovnanian Homes
Mr. Steve Liller with K. Hovnanian Homes
Northeast corner of Old Boynton Road and Congress Avenue, just south of
the SFWMD C-16 canal (see Location Map - Exhibit "A")
Mixed Use Suburban (MX-S)
Suburban Mixed Use (SMU)
458 townhouse units
30.29-acres
Right-of-way for the SFWMD C-16 Canal, then farther north is developed
property with townhomes from Phase I of the Renaissance Commons
Master Plan with a Suburban Mixed Use (MX-S) land use classification,
zoned Suburban Mixed Use (SMU);
Staff Report - Cortina at Boynton Village (SPTE 07-010)
Memorandum No PZ 07-103
Page 2
South:
East:
West:
Right-of-way for Old Boynton Road, then farther south is developed
commercial property (Oakwood Shopping Center), with a Local Retail
Commercial (LRC) land use classification, zoned Community Commercial
(C-3);
Right-of-way of the LWDD E-4 Canal, then farther east is developed single
family residential (Sky Lake) with a Low Density Residential (LOR) land
use classification, zoned Single Family Residential (R-1-AA); and
Immediately west is the right-of-way for Renaissance Commons Boulevard
within the Boynton Village development. To the Northwest is Renaissance
Commons condominiums (under construction) within the Boynton Village
development with a Suburban Mixed Use (MX-S) land use classification,
zoned Suburban Mixed Use (SMU). To the Southwest are commercial
uses within the Town Center development with a Local Retail Commercial
(LRC) land use classification, zoned Community Commercial (C-3), then
farther west is right-of-way for Congress Avenue, still farther west is
developed commercial property (Boynton Beach Mall).
BACKGROUND
Mr. Steve Liller with K. Hovnanian Homes is requesting an additional one (1) year site plan time extension
for the Cortina project, a proposed 458 unit townhouse development on 30 acres of the 81.84-acre
Boynton Village mixed-use project. The site plan for the Cortina project (NWSP 05-001) was approved on
September 20, 2005 and was valid for one (1) year. At the time of site plan approval the regulations
allowed a total of one (1) year to secure a building permit following site plan approval; however, the
regulations have since been revised to allow an initial 18-month period to secure a building permit. A site
plan time extension (SPTE 06-012) for this project was approved on February 13, 2007, which extended
site plan approval for one (1) year, from September 20,2006 to September 20, 2007. If this request for
an additional extension were approved, the expiration date would be extended to September 20, 2008.
The subject property, generally located at the northeast corner of Old Boynton Road and Congress
Avenue, is bounded by the LWDD C-16 Canal to the north, the LWDD E-4 Canal to the east, and Old
Boynton Road to the south. According to the original site plan staff report, the proposed Cortina at
Boynton Village project is a Suburban Mixed Use (SMU) Master Planned development approved for 458
fee-Simple townhouse dwelling units. The project has been approved for the following: a land use
amendment (LUAR 04-006) from Moderate Density Residential (MoOR) to Mixed Use- Suburban (MX-S)
classification; a rezoning (LUAR 04-006) from Single-Family Residential (R-1-AA) to the Suburban Mixed
Use (SMU) zoning district; a new site plan (NWSP 05-001); and a site plan time extension (SPTE 06-012).
The approved SMU master plan depicts the proposed Cortina project to be developed in two (2) phases
which will consist of a total of 458 fee-Simple townhouse units. The project proposes a mix of buildings
with a minimum of four (4) units to a maximum of six (6) units per building. The Cortina project was
approved with various models that would range up to 2,898 square feet under air. All units would have
three (3) bedrooms, and 127 units or (27.7%) are designated as "live/work" units located on the ground
floor. Live/work units are generally limited to professional and business services with no more than two
(2) on-site employees. The SMU zoning district limits the work space of the live/work unit to no more than
30% or 400 square feet, whichever is greater. The approved site plan indicates the townhouse buildings
Staff Report - Cortina at Boynton Village (SPTE 07-010)
Memorandum No PZ 07-103
Page 3
are approved with a Spanish-Mediterranean architectural style and building facades enhanced with
balconies, trim, banding, columns, shutters, medallions, decorative garage doors, and Spanish S-tile roof.
The proposed townhouse development would be constructed around an 8.3-acre lake. The Master Site
Data Plan indicates that the recreation areas would account for 2.1 acres of the subject site, Internal
private spaces in the form of small parks are sprinkled throughout the development, while a large five (5)-
acre public park is proposed on the southern portion, east of the spine road and adjacent to Old Boynton
Road. The two (2) recreation areas would have an 875-square foot clubhouse building and pool.
ANALYSIS
According to the current Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall
have eighteen (18) months to secure a building permit from the Development Department", however at
the time the site plan was approved, only one (1) year was allowed to secure a building permit. Examples
of building permits include but are not limited to the following: Plumbing, electrical, mechanical,
foundation, and structural. The Regulations authorize the City Commission to approve one (1) year time
extensions, provided that the applicant files the request prior to the expiration date of the development
order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the
extension request August 22, 2007, approximately one (1) month prior to the expiration of the site plan.
The developer has indicated that recent changes in the local real estate market have compelled
K. Hovnanian Homes to review and reconsider the product they intend to construct. The renewed effort
will concentrate on creating more variety in product affordability, as mixed live/work units will combine
with both two (2) and three (3) story townhomes to welcome a broader range of potential buyers. The
developer states that site plan amendments and required re-plat approval are estimated to delay the
project up to six (6) months. In the meantime, all land development permits for infrastructure and
construction have been obtained with the exception of the Boynton Beach land development permit, which
has been requested from the City and still requires payment of the Parks and Recreation impact fee.
A more formal criterion for evaluating requests for time extensions is compliance with concurrency
requirements. A letter from Palm Beach County Traffic Engineering was received indicating that the entire
Master Plan meets the traffic performance standards, with a series of conditions which limit or time
aspects of the development with certain roadway improvements. The site plan time extension would still
be subject to the original conditions of site plan approval. Lastly, no new land development regulations
are now in place which staff recommends should be applied to the subject project. As for application of
the Art in Public Places Ordinance, site plan approval occurred prior to the adoption of Ordinance 05-060.
RECOMMENDATION
Staff has reviewed this request for site plan time extension, and recommends approval, contingent upon
successfully 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\Boynton Village-Boynton Town Center 1 \Boynton Village Cortina NWSP 05-001 \SPTE 06-012\Cortina SPTE 06-
012 Staff Report.doc
Exhibit "A-' - Cortina
Location Map
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EXHIBIT "B"
City of Boynton Beach
Planning and Zoning Division
1 00 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
August 22, 2007
Attn: Ed Breese
Dear Ed,
Please accept this letter as a written request for an additional time extension to our
approved site plan and Development Order for Cortina. Our original site plan expiration
date was September 20, 2006, we were granted a one year extension that expires September
20, 2007. K. Hovnanian Homes (flea Town and Country Homes) will not have issued a
building permit by this date.
Based on the ongoing decline in the housing market, K. Hovnanian Homes feels it is
necessary to implement changes to the product type approved at Cortina. In order to meet
the needs of the current market, we are reviewing the current site plan and will be
implementing changes that we feel will assist with the marketing and selling of our homes.
We are, however, creating a product mix to include live/work units, front load and rear load
3 story townhomes, and front load and rear load 2 story town homes along with changes to
the amenities that are currently proposed. We feel the product mix will create variety in
price and options to welcome a variety of end users. The process of amending the site plan
and revising the recorded plat is estimated to take up to (6) six months therefore we are
requesting a (1) one year time extension to allow for the necessary time to revise and
approve our site plan and plat.
Please note to date, all land development permits for infrastructure and construction
have been obtained with the exception of the Boynton Beach land development permit. .
Reservation fees for Water and Sewer have been paid.
K. Hovnanian Homes has contnbuted their prorata share to the building of the
common improvements both on and off site for Boynton Village. Approximately 6.8
million dollars will have been spent by K. Hovnanian Homes for their prorated share of the
Site Development Agreement for Boynton Village by the end of 2007. We are and will
1275 GATEWAY BOULEVARD, SUITE 101, BOYNTON BEACH, FL 33426
TEL: (561) 364-3300 khov.com
-2-
August 22, 2007
continue to maintain the LWDD Easement on the west side of the canal in addition to
maintaining the fence and windscreen.
I would like to offer in advance, our appreciation for your time and approval of the
requested time extension to Cortina. We look forward to continued success woiling with
the City as we move forward.
Sincerely f
&R&2J
Stephen B. Liller
Vke~esmentofLmdD~do~entand
Acquisition
K Hovnanian Homes
EXHIBIT "C"
Conditions of Approval
Project narne: Cortina at Boynton Village
File number: SPTE 07-010
Reference:
I DEP ARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X I
I
UTILITIES i
I
!
Comments: None X I
FIRE
Comments: None X I
!
I
POLICE I
Comments: None X
ENGINEERING DIVISION I
i
Comments: None X
BUILDING DIVISION
I
Comments: None X !
P ARKS AND RECREATION
Comments: None X I
!
I I
FORESTER/ENVIRONMENT ALIST
!
Comments: None X
PLANNING AND ZONING
Cornrnents: l.-~J
I I
1. The time extension is subject to the original Conditions of Approval. \ X I '
I I
Cortina at Boynton Village / SPTE 07-010
Conditions of Approval
P 2
age
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING AND DEVELOPMENT BOARD
CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:IPlanningISHARED\ WPIPROJECTS\Boynton Village-Boynton Town Center llBoynton Village Cortina NWSP 05-00 I ISPTE 07 -0 I OICOA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Cortina at Boynton Village
APPLICANT:
K. Hovnanian Homes
APPLICANTS AGENT:
Mr. Steve Liller with K. Hovnanian Homes
AGENTS ADDRESS:
1275 Gateway Boulevard, Suite 101, Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
November 20, 2007
TYPE OF RELIEF SOUGHT: One (1) year site plan time extension until September 20, 2008, for
458 fee-simple townhouse units on a 30.29-acre parcel in the SMU
Suburban Mixed-Use zoning district.
LOCATION OF PROPERTY: Northeast corner of Old Boynton Road and Congress Avenue, just
south of the SFWMD C-16 canal (see Location Map - Exhibit "A")
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 Village-Boynton Town Center 1\Boynton Village Cortina NWSP 05-001\SPTE 07-
010\DO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
October 23, 2007
LOCATION:
DESCRIPTION:
1501 Corporate Drive
Request for height exception approval to allow a
segment of parapet wall and mechanical equip-
ment at a height of 43 feet, eight (8) feet
above the 35 foot limit in the C-1 zoning district,
in conjunction with the construction of a 29,199
square foot office building.
Chair Wische opened the floor to public hearing on the Height Exception. No one coming
forward, Chair Wische closed the floor to public hearing.
Motion
Vice Chair Hay moved approval of the request for a height exception to allow a segment of
the parapet wall and mechanical equipment at a height of 43 feet, eight (8) feet above the
35 foot limit in the C-1 zoning district, in conjunction with the construction of a 29,199
square foot office building with all staff comments. Ms. Jaskiewicz seconded the motion
that unanimously passed.
B. Cortina at Boynton Village
Site Plan Time Extension
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Chair Wische presented the request.
Cortina at Boynton Village (SPTE 07-010)
Stephen Liller, K. Hovnanian Homes
South Florida Devco, Inc.
Northeast corner of Old Boynton Road and
canal.
Request for a second one (1) year site plan time
extension of a site plan (NWSP 05-001)
originally approved on September 20, 2005 for
458 town home units in the Boynton Village and
Town Center Development. This second request
would extend approval from September 20,2007
to September 20,2008.
Kathleen Zeitler, Planner, explained staff reviewed the request and recommended
approval subject to the original conditions of approval still being applicable. The justification
for the request was the local real estate market would require the applicant to amend the
site plan and replat and needed an additional six months.
Steve Liller, Agent for the project agreed with the conditions of approval.
Chair Wische opened the floor for public hearing. No one coming forward, Chair Wische
5
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
October 23, 2007
closed the floor to public hearing.
Motion
Mr. Saberson moved approval subject to all staff recommendations. Vice Chair Hay
seconded the motion that unanimously passed.
C. Land Development Regulation Rewrite
Group 4
Code Review
1.
PROJECT: Land
Development Regulations (LDR) Rewrite
Group 4 (CDRV 07-004)
City-initiated
A portion of Group 4 deliverable, pursuant to the
LDR Rewrite Work Schedule, which includes:
Article 1. Environmental Protection Standards
and Article II. Landscape Design and Buffering
Standards.
AGENT:
DESCRIPTION:
These proposed sections will ultimately replace
and enhance portions of the current LDR Part III,
Chapter 2 (Zoning), Sections 5 through 7, 8.5,
and 11; Chapter 4 (Site Plan Review), Section 8;
Chapter 6 (Required Improvements), Article III;
all of Chapter 7.5; Chapter 8 (Excavation and Fill
Regulations), Articles I through VI; and Chapter
9 (Community Design Plan), Sections 10 and 11.
Mr. Rumpf presented the changes in Group 4. These were still draft products submitted for
review and comment. The Group Four rewrite encompassed environmental protection and
design, buffering, exterior building and site design. Staff was still trying to promote user
friendliness and promote public and professional involvement. Planning staff held a
meeting with design professionals, landscape architects, tradesman and others for their
input to assist in this effort.
Exterior Building and Site Design would come at a later stage. The Environmental
Protection, Landscape Design and Buffering would be reviewed. Mr. Rumpf explained
when the rewrites are adopted applying these requirements to current projects could
possibly cause non-conforming elements. Certain elements could be brought to Code
without being problematic or cause monetary hardships to the property owners. There
was nothing in the rewrite that dealt with retroactivity, vesting, non-conformities and things
of that nature. There would, however, be other chapters dealing with processes and the
application process. This Code only applied to applicability with new projects, major
modification to existing projects, new areas that are paid.
6
VIII.-PUBLIC HEARING
ITEM C.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed
Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office
0 August 2 I, 2007 August 6, 2007 (Noon.) D October 16, 2007 October 1,2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) D November 7,2007 October 15,2007 (Noon)
0 September 18, 2007 September 3, 2007 (Noon) k8J November 20, 2007 November 5,2007 (Noon)
0 October 2, 2007 September 17,2007 (Noon) 0 December 5, 2007 November 19,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF D Administrative D New Business (::J
--J
AGENDA ITEM 0 Consent Agenda 0 Legal a
n
0 Code Compliance & Legal Settlements 0 UnfInished Business --J
N
rg] Public Hearing 0 0"\
J:1"
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RECOMMENDATION: Please place this request on the November 20,2007 City Commission Agenda UIider=-:' '2
Public Hearing. The Planning and Development Board on October 23, 2007, recommended that the request be app'rived...;5;;
For further details pertaining to this request, see attached Department Memorandum No. 07-098. 1'0 c.' f'1
...,.,>
, 'C)
-~
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Pylon Interstate Plaza Phase II (COUS 07-004)
Ray Balassiano, A.LA
Peter Debs, Woolbright Executive Center LLC
1501 Corporate Drive
Request for conditional use / major site plan modifIcation approval for a 29,199 square
foot offIce building and related site improvements on 2.86 acres in a C-l zoning district.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
Devolopm,nt ~
;~ru"
Assistant to City Manager
r!A4v
~ - 7t flt.€-
" Planning and Zoning Dir tor City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Pylon Interstate Plaza\MSPM 07-007 COUS 07-004\Agenda Request Pylon Interstate Plaza PH II COUS 07-004 11-
20-07.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-098
TO:
FROM:
Chair and Members
Planning & Developwent Board
(' ...JU
Michael Rump~ ~ - ..
Director of Planning and Zoning
Ed Breese ~
Principal Pla~;er)
THRU:
DATE:
October 10, 2007
PROJECT:
Pylon Interstate Plaza / COUS 07-004
REQUEST:
Conditional Use approval for a 29,199 square foot office building
PROJECT DESCRIPTION
Property Owner: Woolbright Executive Center LLC
Applicant: Peter Debs of Woolbright Executive Center LLC
Agent: Raymond Balassiano, A.-LA.
Location: 1501 Corporate Drive (see Exhibit "A" - Location Map)
Existing Land Use/Zoning: Office Commercial (OC) / Office Professional (C-1)
Proposed Land Use/Zoning: No change proposed
Proposed Use:
Offices
Acreage:
124,581 square feet / (2.86 acres)
Adjacent Uses:
North:
Right-of-way for Woolbright Road, then farther north is developed
commercial property (Racetrac gas station), zoned Community Commercial
(C-3);
South:
Vacant industrial property (retention pond for Boynton Commerce Center),
zoned Planned Industrial Development (PID);
East:
Two (2) story office building in Phase One, then farther east is right-of-way
for Corporate Drive, still farther east is developed commercial (Lowe's),
zoned Community Commercial (C-3);
Pylon Interstate Plaza - COUS 07-004
Page 2
Memorandum No. PZ 07-098
West:
Right-of-way for Lake Worth Drainage District (LWDD) E-4 Canal, then
farther west is developed commercial (First Southern Bank). To the
southwest, a 60+/- foot portion of the subject property is adjacent (across
the canal) to developed residential property (Leisureville), zoned Single-
family residential (R-1AA).
BACKGROUND
Mr. Raymond Balassiano, agent for Woolbright Executive Center LLC, is seeking conditional use / major
site plan modification approval for the construction of a 29,199 square foot office building. The site
previously received City Commission approval for the Phase 2 building in 2006, however the property
was subsequently sold and the approvals expired before the new owner submitted for building permits.
The subject site plan is practically identical to the previously approved project, with noted modifications
including a reduction in the height exception request, which has been decreased by approximately ten
(10) feet, the first floor parking and lobby area were slightly modified to create three (3) new parking
spaces and the building facades were slightly changed to be more compatible with the Phase 1 building.
The property is located approximately at the southwest corner of Woolbright Road and Corporate Drive.
Offices are permitted uses in the C-1 zoning district. The maximum building height in the C-1 zoning
district is 30 feet and the building cannot exceed two (2) stories. However, according to Chapter 2,
Section 6.A.3, two (2) floors over under-story parking is allowed up to a maximum of 35 feet but subject
to conditional use approval. The elevations (see Exhibit "B") show that the building will be three (3)
stories tall. The first "floor" would primarily consist of the parking lot under the building, lobby area, and
elevator shaft. The traditional office space would only occur on the second and third stories. It must be
noted that approval of this project is contingent upon the approval of the accompanying request for
height exception (HTEX 07-005). This is the second phase of a two (2)-phase project. The first phase
was approved in 1984, and subsequently constructed. The original plan showed two (2) buildings for a
total of 58,000 square feet of gross floor area.
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 subject to conditions including, but not limited to, the dedication of
property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the
protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not
in harmony with the intent and purpose of this section. In evaluating an application for conditional use
approval, the Board and Commission shall consider the effect of the proposed use on the general health,
safety and welfare of the community and make 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,
Pylon Interstate Plaza - COUS 07-004
Page 3
Memorandum No. PZ 07-098
The survey shows three (3) existing driveway openings to the subject property. The only driveway
opening/ located on Woolbright Road allows for vehicular ingress / egress. The other two (2)
driveway openings are located on Corporate Drive. The opening located closest to the intersection of
Corporate Drive and Woolbright Road allows for both vehicular ingress / egress while the other one
only allows for vehicular egress. No openings would be altered as a result of this developmenC other
than the installation of brick pavers. No new driveways are proposed. Direct access to the second
phase from the first would occur by driving on one of the existing drive aisles that were developed as
part of Phase One construction.
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 general office is calculated at one (1) space per 300 square feet of gross floor
area/ including the mechanical rooms/ lobbies/ and rest rooms. The project proposes 29/199 square
feet of floor area/ therefore/ a total of 98 parking spaces would be required for Phase Two. The site
plan shows that 34 new parking spaces are proposed under the building and 34 surface parking
spaces are proposed for a total of 68 new parking spaces. The project would comply with the
parking requirements due to the excess parking developed during Phase One. According to the site
plan (Sheet A1.1) tabular data/ the area of the existing Phase One building plus the proposed Phase
Two building would equal 59/387 square feet. Both buildings would therefore/ require 199 parking
spaces. The plan provides for 201 parking spaces. In December of 2006/ the previous owner
received a parking variance (ZNCV 06-010) for 49 parking spaces in order to allow 50% of the office
space to be utilized for medical office pU.fposes/ which requires one (1) parking space for each 200
square feet of office space. Additionall~ the applicant requested and the Engineering Division
approved an administrative waiver to allow the parking stalls to be dimensioned nine (9) feet in
Width by 18 feet in length when the project received approvals in 2006. The applicant has requested
and received a renewal the waiver request approval with this re-submittal. The dimensions would be
consistent with the dimensions of the existing parking stalls constructed in Phase One. The handicap
stalls would be 12 feet in width (with five (5) feet of striping) and 18 feet in length. The Building
Division has determined that additional handicap parking will be required as a result of the medical
type uses that could occupy the space. The developer is aware of the condition of approval
associated with this situation and will prOVide the additional two (2) handicap parking spaces at time
of permit. No new loading areas are required or proposed. The office use should have no impact on
glare/ noise/ and odor on the adjacent or neighboring properties or as the city as a whole.
3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above.
The site plan (sheet A1.1) shows a new dumpster enclosure is proposed at the southwest corner of
the subject parcel. The location and angle of the proposed trash enclosure would efficiently facilitate
the removal of its contents due to the anticipated traffic flow and design of the garbage trucks. Its
location (on this proposed plan) is consistent with the originally approved site plan. Also/ the
proposed landscape plan (sheet LP-1 of 2) shows that the new shrubs (Redtip Coco plum ) and palm
trees (Sabal Palm) would surround the enclosure.
Pylon Interstate Plaza - COUS 07-004
Page 4
Memorandum No. PZ 07-098
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 of 2) shows that the project would contain 100 shade trees and 34
palm trees. The west landscape buffer is proposed at 10 feet in width. However, this portion of the
subject property currently contains an existing Florida Power & Light (FP&L) utility easement. No
modification or rerouting of the FP&L easement is proposed in conjunction with this Phase Two
development. Therefore, the applicant must be cognizant of the plant material that FP&L would
allow within the easement. According to Chapter 2, Section 4.L. of the Land Development
Regulations, a buffer wall (6) feet in height or a solid row of hedges six (6) feet in height is required
where commercial property (in this case, the C-l zoning district) abuts a 60-foot long stretch of
residential property (Boynton Leisureville) across the canal. The landscape plan shows that a row of
Sliver Buttonwood trees, Spanish Stopper and Cocoplum hedges would be installed within this buffer
and easement area. The 60-foot stretch of the subject property that is adjacent to residential
property across the canal would have the Spanish Stopper hedges installed at six (6) feet in height.
These hedges (at six feet in height) are designed to provide an immediate, substantial buffer. The
proposed plant material and their specifications appear to be compliant with the FP&L ''Right Tree -
Right Place" publication designed for planting in and around FP&L easements, and will have to be
reviewed and approved by FP&L (see Exhibit "c" - Conditions of Appro va/). Regardless, the Silver
Buttonwood trees are proposed_ at approximately 10 feet apart, which places the trees closer
together than the code required minimum spacing of 30 feet on center.
A planting strip that would contain a mixture of trees, shrubs, and ground cover would surround the
entire building. More importantly, according to the landscape plan (sheet LP-l of 2), the planting
strip on the west side of the building would contain a row of Paurotis and Carpentaria palm trees,
installed at varying heights between eight (8) feet to 20 feet tall.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
This project proposes a wall sign as shown on the west elevation (Sheet AS: 1) and one on the north
elevation (Sheet AS:2). A note on the elevation page indicates that the signs would be backlit with
12-inch black channel letters on the west elevation and 18-inch black channel letters on the north
elevation. No additional monument signs are allowed since Phase Two is a portion of the entire
parcel, and a freestanding sign already exists.
The applicant agrees that the light fixture will be baffled/shielded to ensure there is no light spillage
onto adjacent properties and that the lighting element itself not be visible to the residents to the
southwest. The Photometrics plan (Sheet E-O) indicates proposed pole heights of 20 feet in the
parking lot and that no light is projected beyond the property lines.
Pylon Interstate Plaza - COUS 07-004
Page 5
Memorandum No. PZ 07-098
7. Required setbacks and other open spaces.
The proposed building would meet all setback requirements of the C-1 zoning district. The building
is proposed above the parking areas due to the limited area of the Phase Two portion of the site.
8. General compatibility with adjacent property and other property in the zoning district.
The proposed office is a permitted use in the C-l zoning district, but because the parking area is
proposed underneath the building, it would only be allowed as a conditional use. In genera~ the
project is compatible with the existing uses in the surrounding area within the C-1 zoning district.
The building is designed comparable to the other office buildings along Woolbright Road relative
style, massing and materials. The bw'lding is proposed to have two base colors: a tan color - "Cedar
Key" and beige - "Baby Fawn': An off-white accent color - "White Dove'; is proposed around the
base of the parking garage and central band at the top of tile first floor, lA/rapping NJe buildir7g. T/7e
trim color is proposed as darker tan - ''Smoked Oyster': The frame around the green glass would be
green in color - ''Lafayette Green': The proposed building would be located within an area
historically characterized by professional and medical offices. There wi'll be minimal on-site impact
and no adverse effects are anticipated to occur from the proposed office use. The use and site
design should not have any adverse impact on the adjacent properties or area in general.
9, Height of building and structures, with reference to compatibility and harmony to adjacent and
nearby properties, and the city as a whole.
The proposed project is considered a conditional use because the parking is proposed underneath
the building, allowing a greater height than would typically be allowed by right. The building as
shown on Sheet A-5.l (see Exhibit ''8'') is proposed at 35 feet in height. The typical parapet wall
(which helps screen the mechanical rooftop equipment) is proposed at 40 feet in height. By code,
this parapet wall is not counted towards building height, because it does not exceed the roof deck
height by more than five (5) feet. However, a small segment of the parapet is raised at the building
entrance on the west Side of the building, and mirrored on the east elevation. This portion of the
parapet would be 43 feet in height, tfJUs requiring an eight (8) foot height exception. Additionally,
mechanical equipment on the roof is proposed at height of 43 feet, and therefore is subject to the
same height exception request. The applicant has submitted calculations indicating that combined
parapet and mechanical equipment square footage equates to only 1.5% of the total roof area,
almost negligible in the volume of roof area. The short segment of elevated parapet would provide
an attractive feature to help beautify what would ordinarily be a plain flat roof and further
accentuates the building entry. Additionally, the building would be setback over 56 feet from the
west property line and then further separated from the nearest residential property by the LWDD
canal. The height exception would not adversely effect property values in adjacent areas or
adversely influence the living conditions in neighboring communities. However, as a result of the
added height, approval of this project is contingent upon the approval of the accompanying request
for height exception (HTEX 07-005). Although not identical in appearance to the existing Phase One
building, the applicant states that the proposed building has been designed with green glass, in part,
to ''soften'' the appearance of the building. The green glass in conjunction with the planting strip
around the building would soften the effect of the bui'lding as it relates to the reSidential
neighborhood directly across the cana~ to the southwest.
Pylon Interstate Plaza - COUS 07-004
Page 6
Memorandum No. PZ 07-098
10. Economic effects on adjacent and nearby properties, and the city as a whole.
The proposed use will constitute additional convenience and choice for the members of the office
community, as well as providing additional convenience to residents who may patronize the
businesses. It is anticipated that Woolbright Road will continue to develop/ redevelop/ and intensify
as a professional office and medical district corridor. The proposed office would be an appropriate
use and welcomed addition for this site.
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 commen~ 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 office
building 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 be approved, subject to satisfying all
conditions of approval contained in Exhibit "C". Furthermore, pursuant to Chapter 2 - Zoning, Section
11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed.
Staff recommends that a period of one (1) year be allowed to obtain a building permit for this project.
S:\Planning\SHARED\WP\PROJECTS\Pylon Interstate Plaza\COUS 07-004\Staff Report.doc
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1 in. = 300.0 feet
EXHIBIT "A"
PCD
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LOCATION MAP PYLON INTERSTATE PLAZA Phase 1/ LOCATION MAP
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PYLON INTERSTATE PLAZA-PHASE 2
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RAYMOND BALASSIANO. A.LA.
AROlITECT
800 GLOUCHE5TER STREET
BOCA RATON, FLORIDA 33487
"Ie NO, AROOl6040 Ted561j 706-1809
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WOOLBRJGHT EXECUTIVE CEl\'TER
PYLO!\' It>ITERSTATE PLAZA-PHASE 2
15m CORPORA IT DRJVE
BOYNTON BEACH. Fl 33426
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EXHIBIT "e"
Conditions of Approval
Project name: Pylon Interstate Plaza
File number: COUS 07-004
Reference: 2nd review plans identified as a Conditional Use with an October 2,2007 Planning & Zoning date
ki
stamp mar ng.
I DEP ARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
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. 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)).
2. 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.
3. 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.
4. Utility construction details will not be reviewed for construction acceptability X
at this time. All utility construction details shall be in accordance with the
Utilities Department's "Utilities Engineering Design Handbook and
Construction Standards" manual (including any updates) and will be
reviewed at the time of construction permit application.
FIRE
Comments: None X
Conditions of Approval
2
I DEP ARTMENTS I INCLUDE I REJECT I
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
Full drainage plans, including drainage calculations, in accordance with the --
5. X
LDR, Chapter 6, Article IV. Section 5 and Section lO.Z will be required at
the time of permitting.
-.----.-
6. Paving, drainage and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards" I
and will be reviewed at the time of construction permit application. i
----
BUILDING DIVISION
I
Comments: t-----
------
7. At time of permit review, subrnit signed and sealed working drawings of the X
proposed construction. i
8. A water-use permit from SFWMD is required for an irrigation systern 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.
9. 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 tirne 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)
I --
10. 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 I
all the conditions of approval as listed in the development order and approved I
by the City Commission.
-I -
11. The full address of the project shall be submitted with the construction X
docurnents at the time of permit application submittal. If the project is multi- I
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Developrnent Order must be
noted on the building permit application at the time of application submittal.
12. At facilities providing medical care and other services for persons with X
DEPARTMENTS INCLUDE h'1-< II-<I ; 1
mobility impairments, parking spaces complying with 2004 FBC, Section 11-
4.6 shall be provided in accordance with Section 11-4.1.2 (5)(a) except as
follows:
A) Outpatient units and facilities: 10% of the total number of parking
spaces provided serving each such outpatient unit or facility.
B) Units and facilities that specialize in treatment or services for persons
with mobility impairments: 20% of the total number of parking spaces
provided serving each such unit or facility.
At time of permit, the parking should be designed accordingly.
13. One of the handicap accessible parking spaces in the parking garage shall be X
van accessible per the FBC Section 11-4.1.2 (5)(b).
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments:
14. The Carpenteria Palm height specification should be shown on the plan. X
PLANNING AND ZONING
-
Comments:
15. The applicant is responsible for compliance with Ordinance 05-060, the "Art X
in Public Places" program. Preliminary discussions have been conducted
between the Applicant and the Public Art Administrator regarding the
placement of art on the premises, possibly on the windows on the North side
of the building. Applicant to follow protocol and comply with regulations.
16. Approval of this project is contingent upon the approval of the corresponding X
request for a Height Exception (HTEX 07-005)
17. It is the applicants' responsibility to ensure that the COUS/MSPM is publicly X
advertised in accordance with Ordinance 04-007.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\WP\PROJECTS\Pylon Interstate Plaza\ COUS 07-004\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Pylon Interstate Plaza
APPLICANT'S AGENT: Raymond Balassiano, AlA
APPLICANT'S ADDRESS: 4110 EI Mar Drive, Lauderdale-by-the-Sea, FL 33308
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 20,2007
TYPE OF RELIEF SOUGHT: Conditional Use / Major Site plan modification approval for the
construction of a 29,199 square foot office building,
LOCATION OF PROPERTY: 1501 Corporate Drive
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\Pylon Interstate Plaza\ COUS 07-004\DO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
October 23,2007
rear yard on a severe slope which caused the pool to be placed away from the home. The
staff report indicated there is a significant amount of public land behind the property.
Because of this, staff felt the intent of the setback was met, with about 80 feet separating
the pool from the neighbor. Staff was recommending the board approve the variance
request for three feet.
Mark Brisson, 2514 SW 12th Street, the applicant, agreed with the recommendations of
staff.
Chair Wische opened the floor to public hearing. No one coming forward, Chair Wische
closed the floor to public hearing.
Motion
Ms. Jaskiewicz moved to approve the request for relief from the City of Boynton Beach
Land Development Regulations, Chapter 2. Zoning, Section 11. E. Swimming Pools,
requiring a minimum rear setback of 3 feet, a variance offive feet within the R-1-AA single-
family residential zoning district per the recommendations of staff. Ms. Grcevic seconded
the motion that unanimously passed.
7. New Business
A. Pylon Interstate Plaza Phase II
Conditional Use/Maior Site Plan Modification
1
. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Pylon Interstate Plaza Phase II (COUS 07 -004)
Ray Balassiano, A.I.A
Peter Debs, Woolbright Executive Center LLC
1501 Corporate Drive
Request for conditional use/major site plan
modification approval for a 29,199 square foot
office building and related site improvements on
2.86 acres in a C-1 zoning district.
Chair Wische presented the request and advised the applicant there were 17 staff
comments associated with the request.
Raymond Balassiano, 800 Glouchester Street, Boca Raton, agreed with the conditions
of approval.
Ed Breese, Principal Planner, recommended hearing the items together but voting on them
separately. He briefly explained the second portion of the item was a request for a height
exception to permit a segment of the parapet wall and mechanical equipment at a height of
43 feet. This would be eight (8) feet above the 35 foot limit in the C-1 zoning district, in
conjunction with the construction of a 29,199 square foot office building.
3
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
October 23, 2007
Mr. Breese explained this item was heard in 2006 and the property had been sold. Before
the new owners could submit for permit, the plab expired. The project was practically
identical to the prior request, but had a 10 feet decrease in the height exception request,
three additional parking spaces on the ground floor and a change to the building facade to
be more consistent with the surrounding office buildings along Woolbright Road. The roof
deck was proposed at 35 feet. The parapet did not count towards the height according to
the Code, but there was a three foot step up in the parapet at the west entrance to the
building.
The mechanical equipment on the roof was also at 43 feet, which was eight feet over the
allowed height which predicated the request. The prior owners received a parking variance
for 49 spaces to allow office space to be up to 50% medical use/tenants. The height
exception would not adversely affect surrounding property owners and staff recommended
approval of the Conditional Use and Height Exception requests.
The applicant had no comments.
Chair Wische opened the floor for public hearing, No one coming forward, the Chair
closed the floor to public hearing.
Ms. Jaskiewicz asked about the location of the building and the parking. The building
fronted on Woolbright near the former Peninsula Bank Building. The ground parking was
located under the building.
Mr. Blehar received confirmation the prior request for a height exception was 18 feet and
this request was now reduced by 10 feet.
Ms. Jaskiewicz asked whether the nine foot wide spaces for parking stalls were standard.
Mr. Breese explained outside the CRA area, it was 9.5 feet but if there was existing parking
and parking was being added, they needed consistency and they recommended nine feet.
Motion
Mr. Casaine moved to approve the request for conditional use/major site plan modification
for a 29,199 square foot office building and related site improvements on 2.86 acres in the
C-1 zoning district with all staff comments. Ms. Jaskiewicz seconded the motion that
unanimously passed.
Pylon Interstate Plaza Phase II
Height Exception
2,
PROJECT:
AGENT:
OWNER:
Pylon Interstate Plaza Phase II (HTEX 07 -005))
Ray Balassiano, AlA
Peter Debs
4
VIII.-PUBLIC HEARING
ITEM D.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 August 2 I, 2007 August 6, 2007 (Noon.) 0
0 September 4, 2007 August 20, 2007 ONoon) D
D September 18, 2007 Septernber 3,2007 (Noon) rg]
0 October 2, 2007 September 17,2007 (Noon) 0
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
October 16, 2007
October 1,2007 (Noon
November 7, 2007
October 15,2007 (Noon)
November 20, 2007
November 5, 2007 (Noon)
December 5, 2007
November 19,2007 (Noon)
NATURE OF
AGENDA ITEM
o
o
o
o
rg]
Announcements/Presentations
Administrative
Consent Agenda
o
o
o
o
o
City Manager's Report
New Business
c> '::':'-:;
--1 _-\
C> ...-(c
cJ _.) -n
RECOMMENDATION: Please place this request on the November 20, 2007 City Commission Agenda-uhder~=, rs
Public Hearing. The Planning and Development Board on October 23, 2007, recommended that the request be ap~ve~G::;
For further details pertaining to this request, see attached Department Memorandum No. 07-099.~::::.
::: 0
-'- 0::'::'
'-P. 7:1. .::;:1
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-~
-
Code Compliance & Legal Settlements
Public Hearing
Legal
UnfInished Business
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Pylon Interstate Plaza Phase II (HTEX 07-005)
Ray Balassiano, A.LA
Peter Debs, Woolbright Executive Center LLC
1501 Corporate Drive
Request for height exception approval to allow a segment of parapet wall and mechanical
equipment at a height of 43 feet, eight (8) feet above the 35 foot limit in the C-1 zoning
district, in conjunction with the construction ofa 29,199 square foot offIce building.
PROGRAM IMP ACT: N/ A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
DeVdOP~",
~- -t'-~
./ Planning and Zoning rector City Attorney I Finance
S:\Planning\SHARED\WP\PROJECTS\Pylon Interstate Plaza\MSPM 07-007 COUS 07-004\HTEX\Agenda Request Pylon Interstate Plaza PH 11 HTEX 07-
005 I 1-20-07 .doc
Assistant to City Manager r ~
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-099
THRU:
Chair and Members
Planning & DeveloP~ Board
Michael RumPf~L.) ~
Director of Planning and Zoning
TO:
FROM:
Ed Breese ~
Principal Planner
DATE:
October 3, 2007
PROJECT:
Pylon Interstate Plaza / HTEX 07-005
REQUEST:
Height Exception
PROJECT DESCRIPTION
Property Owner:
Woolbright Executive Center LLC
Applicant:
Peter Debs of Woolbright Executive Center LLC
Agent:
Raymond Balassiano, A.LA.
Location:
1501 Corporate Drive (see Exhibit "A" - Location Map)
Existing Land Use / Zoning: Office Commercial (OC) / Office Professional (C-1)
Proposed Land Use/Zoning: No change proposed
Proposed Use:
Office building
Acreage:
124,581 square feet / (2.86 acres)
Adjacent Uses:
North:
Right-of-way for Woolbright Road, then farther north is developed
commercial property (Racetrac gas station), zoned Community Commercial
(C-3);
South:
Vacant industrial property (retention pond for Boynton Commerce Center),
zoned Planned Industrial Development (PID);
East:
Two (2) story office building in Phase One, then farther east is right-of-way
for Corporate Drive, still farther east is developed commercial (Lowe's),
zoned Community Commercial (C-3);
West:
Right-of-way for Lake Worth Drainage District (LWDD) E-4 Canal, then
farther west is developed commercial (First Southern Bank), To the
southwest, a 60+/- foot portion of the subject property is adjacent (across
the canal) to developed residential property (Leisureville), zoned Single-
family residential (R-1AA).
Page 2
Memorandum No. PZ 07-099
BACKGROUND
The applicant previously submitted a request for conditional use / major site plan modification (CGUS 06-
004) and height exception (HTEX 06-003) approval for the construction of a 29,199 square foot office
building in 2006. The owner subsequently sold the property and the approvals expired before the new
owner submitted for building permits. Therefore, the new owner has now re-submitted applications for
conditional use / major site plan modification (CGUS 07-004) and this particular application for height
exception (HTEX 07-005) approval. The subject property is located approximately at the southwest corner
of Woolbright Road and Corporate Drive. The maximum building height in the C-1 zoning district is 30
feet and the building cannot exceed two (2) stories. However, according to Chapter 2, Section 6.A.3, two
(2) floors over under-story parking is allowed up to a maximum of 35 feet, subject to conditional use
approval. The elevation (see Exhibit "B") shows that the building will be three (3) stories tall. The first
"floor" would primarily consist of the parking lot under the building, mechanical rooms, lobby, and
elevator shaft. The traditional office space would only occur on the second and third stories.
ANALYSIS
Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations and Exceptions,
states that in considering an application for an exception to the district height regulation, the City
Commission shall make findings indicating the proposed exception has been studied and considered in
relation to minimum standards, where applicable. Except for within the Central Business District (eBD),
Mixed-Use Low (MU-L), and Mixed-Use High (MU-H) zoning districts, the standard citywide maximum
building height is 45 feet. However, the maximum building height in the C-1 zoning district is 30 feet. In
the C-1 zoning district, when proposed structures are to be built above subterraneous or ground level
parking lots, projects are considered conditional uses rather than a use permitted by right. Additionally,
conditional uses are different from permitted uses in that they must comply with a separate set of
developmental/performance standards. Also, in the C-1 zoning district, when a building is proposed
above the parking lot (as in this case), the maximum allowable building height can be increased from 30
feet to 35 feet. The building as shown on Sheet A-5.1 (see Exhibit "B") is proposed at 35 feet in height.
Therefore, the proposed building complies with the maximum allowable building height in the C-1 zoning
district. The typical parapet wall (which screens the mechanical rooftop equipment) is proposed at 40
feet in height. Parapet walls are not counted towards building height if they do not exceed the roofline
by more than five (5) feet. However, a small segment of the parapet is raised at the building entrance on
the west side of the building, and mirrored on the east elevation. These segments of the parapet would
be 43 feet in height, thus requiring an eight (8) foot height exception. Additionally, mechanical equipment
on the roof is proposed at height of 43 feet, and therefore is subject to the same height exception
request.
The height exception previously approved in 2006 (HTEX 06-003) was for a height of 53 feet - 6 inches.
The new owner has redesigned the rooftop mechanical equipment and is asking for a much less
exception. In considering an application for exception to district height regulations, the City Commission
shall make findings indicating the proposed exception has been studied and considered in relation to
specific standards. Per the Community Design Plan, rooftop equipment shall not be visible for a minimum
distance of 600 feet. The increased parapet height would not have an adverse effect on the existing and
proposed land uses and the mechanical equipment will be screened in accordance with City code. The
request for additional height would not severely reduce light and air in adjacent areas. The applicant has
submitted calculations indicating that combined parapet and mechanical equipment square footage
equates to only 1.5% of the total roof area. Additionally, the building would be setback over 56 feet from
the west property line and then further separated from other properties by the LWDD canal. The height
exception would not adversely effect property values in adjacent areas or adversely influence the living
Page 3
Memorandum No, PZ 07-099
conditions in neighboring communities. The short segment of elevated parapet would provide an
attractive feature to help beautify what would ordinarily be a plain flat roof and further accentuates the
building entry, The building could function without the decorative parapet, however, it would be a plain,
flat, roofline. Granting of this height exception does not constitute a special privilege to the current
property owner. Therefore, staff has determined that the project meets the intent of all criteria itemized
in Chapter 2, Section 4.F.3. of the Land Development Regulations.
RECOMMENDATION
Based on the analysis contained herein, staff recommends that this request for a height exception of
eight (8) feet be approved, subject to the conditions of approval listed in Exhibit "C". Any conditions of
approval recommended by the Board or required by the City Commission will be placed in Exhibit "C"
accordingly.
S:\Planning\SHARED\WP\PROJECTS\Pylon Interstate Plaza\HTEX 07-005\Staff Report.doc
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EXHIBIT "A"
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LOCATION MAP PYLON INTERSTATE PlAZA Phase II LOCATION MAP
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EXHIBIT "e"
Conditions of Approval
Project name: Pylon Interstate Plaza
File number: HTEX 07-005
Reference:
\ DEP ARTMENTS I INCLUDE I REJECT .
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic I
Comments: None X
UTILITIES
1
Comments: None i X
FIRE !
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Comments: None I X
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Comments: None X i
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!
Comments: None X i
\
BUILDING DIVISION
Comments: None X
!
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PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
\ Comments: None I X \ I
I
Conditions of Approval
2
DEP ARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\WP\PROJECTS\Pylon Interstate Plaza\ HTEX 07-005\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Pylon Interstate Plaza
APPLICANT'S AGENT: Raymond Balassiano, AlA
APPLICANT'S ADDRESS: 4110 EI Mar Drive, Lauderdale-by-the-Sea, FL 33308
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 20,2007
TYPE OF RELIEF SOUGHT: Height Exception approval to allow a segment of parapet wall and
mechanical equipment at a height of 43 feet, eight (8) feet above the 35
foot limit in the C-1 zoning district, in conjunction with the construction of
a 29,199 square foot office building.
LOCATION OF PROPERTY: 1501 Corporate Drive
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\Pylon Interstate Plaza\ HTEX 07-005\DO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
October 23, 2007
Mr. Breese explained this item was heard in 2006 and the property had been sold. Before
the new owners could submit for permit, the plab expired. The project was practically
identical to the prior request, but had a 10 feet decrease in the height exception request,
three additional parking spaces on the ground floor and a change to the building facade to
be more consistent with the surrounding office buildings along Woolbright Road. The roof
deck was proposed at 35 feet. The parapet did not count towards the height according to
the Code, but there was a three foot step up in the parapet at the west entrance to the
building.
The mechanical equipment on the roof was also at 43 feet, which was eight feet over the
allowed height which predicated the request. The prior owners received a parking variance
for 49 spaces to allow office space to be up to 50% medical use/tenants. The height
exception would not adversely affect surrounding property owners and staff recommended
approval of the Conditional Use and Height Exception requests.
The applicant had no comments.
Chair Wische opened the floor for public hearing. No one coming forward, the Chair
closed the floor to public hearing.
Ms. Jaskiewicz asked about the location of the building and the parking. The building
fronted on Woolbright near the former Peninsula Bank Building. The ground parking was
located under the building.
Mr. Blehar received confirmation the prior request for a height exception was 18 feet and
this request was now reduced by 10 feet.
Ms. Jaskiewicz asked whether the nine foot wide spaces for parking stalls were standard.
Mr. Breese explained outside the CRA area, it was 9.5 feet but if there was existing parking
and parking was being added, they needed consistency and they recommended nine feet.
Motion
Mr. Casaine moved to approve the request for conditional use/major site plan modification
for a 29,199 square foot office building and related site improvements on 2.86 acres in the
C-1 zoning district with all staff comments, Ms. Jaskiewicz seconded the motion that
unanimously passed.
Pylon Interstate Plaza Phase II
Heiaht Exception
2.
PROJECT:
AGENT:
OWNER:
Pylon Interstate Plaza Phase II (HTEX 07-005))
Ray Balassiano, AlA
Peter Debs
4
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
October 23,2007
LOCATION:
DESCRIPTION:
1501 Corporate Drive
Request for height exception approval to allow a
segment of parapet wall and mechanical equip-
ment at a height of 43 feet, eight (8) feet
above the 35 foot limit in the C-1 zoning district,
in conjunction with the construction of a 29,199
square foot office building,
Chair Wische opened the floor to public hearing on the Height Exception. No one coming
forward, Chair Wische closed the floor to public hearing.
Motion
Vice Chair Hay moved approval of the request for a height exception to allow a segment of
the parapet wall and mechanical equipment at a height of 43 feet, eight (8) feet above the
35 foot limit in the C-1 zoning district, in conjunction with the construction of a 29,199
square foot office building with all staff comments. Ms. Jaskiewicz seconded the motion
that unanimously passed.
B. Cortina at Boynton Village
Site Plan Time Extension
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Chair Wische presented the request.
Cortina at Boynton Village (SPTE 07-010)
Stephen Liller, K. Hovnanian Homes
South Florida Devco, Inc.
Northeast corner of Old Boynton Road and
canal.
Request for a second one (1) year site plan time
extension of a site plan (NWSP 05-001)
originally approved on September 20, 2005 for
458 town home units in the Boynton Village and
Town Center Development. This second request
would extend approval from September 20,2007
to September 20,2008.
Kathleen Zeitler, Planner, explained staff reviewed the request and recommended
approval subject to the original conditions of approval still being applicable. The justification
for the request was the local real estate market would require the applicant to amend the
site plan and replat and needed an additional six months.
Steve Liller, Agent for the project agreed with the conditions of approval.
Chair Wische opened the floor for public hearing. No one coming forward, Chair Wische
5
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IX. - CITY MANAGER'S
REPORT
ITEM A
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D August 21, 2007 August 6, 2007 (Noon.) D October 16, 2007 October 1,2007 (Noon
D September 4, 2007 August 20, 2007 (Noon) D November 13,2007 October 15,2007 (Noon)
D September 18,2007 September 3, 2007 (Noon) ~ November 20, 2007 November 5. 2007 (Noon)
D October 2, 2007 September 17,2007 (Noon) D December 3, 2007 November 19,2007 (Noon)
D AnnouncementslPresentations ~ City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Staffhas reviewed the barrier median placed on Boynton Beach Boulevard at the intersections of
Railroad Avenue and NE 4th Street and recommends that the barrier median remain as designed and constructed by the
Florida Department of Transportation.
EXPLANATION: Recently, the City Commission heard concerns from businesses on Railroad Avenue about the access
problems created by the construction of a barrier median on Boynton Beach Boulevard, both east and west of the FEC
Railroad crossing. At that meeting, the Commission requested staff to contact the Florida Department of Transportation
(FDOT) to determine if alternatives suggested by the businesses, or others, could be implemented to address the access
concerns. This report summarizes staff activities, both past and present.
Project History
The FDOT recently completed a resurfacing project on Boynton Beach Boulevard from Federal Highway to Old Boynton
Road. When the project design was first completed about four years ago, City staff spent considerable time with FDOT
engineers to ensure that appropriate design elements were included in the project. The FDOT had identified median closures
that they wished to investigate in the vicinity ofNW 3rd and NW 4th Streets. City Staff requested that the State look at a
number of sidewalk/pole conflicts, traffic signal designs, and Staff also requested that the State consider additional median
closures in the vicinity of the FEC Railroad crossing.
City Staff was concerned that a number of motorists both northbound and southbound on Railroad Avenue and NE 4th Street
were disregarding posted restrictions to left turns onto Boynton Beach Boulevard. We believed that placement of a median
would physically eliminate this movement and ultimately make the intersections near the FEC track much safer. Lastly, and
probably most notably, Staff asked that the State consider raised median extensions at the FEC track in order to aid the City in
its future quest for a Quiet Zone along the FEC rail corridor when Federal Railroad Administration Emergency Order 15 is
lifted.
In order to attain a quiet zone on the FEC corridor, the City must implement a series of Supplemental Safety Measures that
will reduce the total accident potential along the entire corridor in the City limits. Barrier medians are one of the few
Supplemental Safety Measures (SSM) approved by the Federal Railroad Administration that local governments can use to
enact a quiet zone and eliminate train horns. Other alternatives exist but some are much more costly. For example, if the
FEC were to allow quad gates as a SSM, the cost could easily exceed $300,000. This would be all local, Boynton Beach,
expense. Even barrier medians would be at local expense but because the FDOT was considering the work anyway, the FDOT
was willing to pay for the barrier medians as part of the resurfacing project. City Staff deemed this to be an excellent
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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opportunity to have barrier median installed at no cost to the Boynton Beach taxpayer. The State considered and approved
placement of a barrier median. Essentially, the State concurred that safety could be enhanced for existing traffic at this
location by placing the median. Plus, in the future the City may realize the added benefit of SSM that is already installed and
furthers our goal of a quiet zone. All FDOT project plans were advertised, and made available for review, at a State
sponsored public hearing at Galaxy Elementary School.
Current Concerns
As noted, two business owners along Railroad Avenue have expressed concern about the modified access conditions at the
intersection of Railroad Avenue and Boynton Beach Boulevard. These concerns were brought to Staffs attention by the
businesses during construction. In order to try to address those concerns, staff placed a directional sign on Boynton Beach
Boulevard advising motorists on eastbound Boynton Beach Boulevard that they should use NE 3rd Street to gain access to
Railroad Avenue. Access to Railroad Avenue from westbound Boynton Beach Boulevard was not impacted by the median
construction. The business owners suggested to staff that the placement of a smaller width barrier median along side an
eastbound left turn lane that would still allow left turns from eastbound Boynton Beach Blvd onto northbound Railroad
Avenue yet still block access to motorists choosing to travel outside their nonnal travel lane to go around the downed rail
gates,
The City Commission had requested that Staff meet once again with FDOT to determine if there were any available
modifications that could enhance safety and still respond to the concerns of the businesses. To that end, Jeffrey Livergood,
Director of Public Works and David Kelley, City Engineer met with Henry Oaikhena, Project Manager for FDOT on the
Boynton Beach Boulevard paving project. Mr. Oaikhena was the State engineer responsible for all consultant design and
project management.
During the meeting with Mr. Oaikhena, Staff explored the median option suggested by the businesses with Mr. Oaikhena and
it was determined that the width of the existing center lane is not sufficient to accommodate both a turn lane and a smaller
barrier median. Therefore, this option is not viable. Therefore, the only available options are to either allow the median to
remain or to remove it entirely.
The barrier median, as constructed, enhances safety in its existing configuration at the intersections of Railroad A venue and
NE 4th Street. In the future, the barrier median will put the City one step closer to creation of a quiet zone along the FEC
corridor. Staff inquired ofMr. Oaikhena whether or not the State would entertain the removal of the barrier median and he
commented that its removal would negatively impact safety and he believed that the State would not authorize such action. He
further stated that lithe State would allow this that it would be the City's responsibility to pay for all removal work and
associated pavement replacement. The cost is estimated to be around $60,000.
Lastly, City legal staff has opined on this matter in their letter to JeffTomberg, counsel for the businesses (attached).
Summary and Recommendation
The State of Florida has done an excellent job of balancing vehicular access with overall public safety. The City Engineering
Staff believes that the barrier median should remain as constructed by the FDOT. Safety of the motoring public has been
enhanced, albeit at the slight inconvenience of a few motorists wishing to access businesses along Railroad A venue. Access
to Railroad Avenue has not been eliminated; rather it is controlled in a safer manner. Furthermore, Staff does not recommend
removal of the median because there is a very good chance the City may utilize it as an SSM to achieve quiet zone status with
the FRA.
The City has placed guide signs advising motorists that alternative access to Railroad Avenue exists by using NE 3rd Street.
We suggest adding one additional guide sign to better direct motorists to their destination. We believe that over time, the
guide signs, combined with education of customers by the businesses, will allow motorists to become familiar with routes to
Railroad A venue businesses from Boynton Beach Boulevard.
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PROGRAM IMPACT: None
FISCAL IMP ACT: None if the barrier median remains.
AL TERNA TIVES: Remove the barrier median. If the barrier median is removed, estimated cost to the City would be
$60,000. If the barrier median is removed and the City desires to achieve quiet zone status in the future, then an SSM would
be placed into service at that time. The future cost to install an SSM could vary from $75,000 +/- for a new median like that
installed now or up to $300,000 for quad gates (if allowed by the FEe).
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Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
GOREN, CHEROF, DOODY & EZROL, P.A.
ATTORNEYS AT LAW
SUITE 200
3099 EAST COMMERCIAL aOtiLEVARD
FORT LAUDERDALE. FLORIDA 33308
PHONE: (954) 771,4500
FAX: (954) 771.4923
www.cltyatty.com
SAMUEL S. GOREN
JAMES A. CHEROF
DONALD J. DOODY
KERRY L. EZROL
MICHAEL O. CIRULLO, JR.
JULIE F. KLAHR
DELRAY lEACH OFfiCE:
76 N.E. FIFTH AVENUE
DELRAY BEACH, FL 33483
PHONE: (561) 276'9400
FAX: (561) 819'6559
DAVID N. TOLCES
JAMILA V. ALEXANDER
JACOB G. HOROWITZ
SHANA H. BRIDGEMAN
STEVEN L. JOSIAS. Of COUNSEL
PLEASE REPLY TO FORT LAUOEllDALE
August 22, 2007
Jeff Tomberg, Esq.
626 SE 4th Street
Boynton Beach, FL 33435
Re: Mario Ferazzoli and Sons, Inc.
Dear Mr. Tomberg:
Please recall that I am the City 'attorney for the City of Boynton Beach, Florida. This
letter is in response to your letter of August 6, 2007 and the concerns expressed therein regarding
the median at Boynton Beach Boulevard and Railroad Avenue. Although the City of Boynton
Beach supported the roadway and median reconfiguration project of Boynton Beach Boulevard
by the Florida Department of Transportation, the fact remains that .Boynton Beach Boulevard is
not a City road but a road controlled by the State of Florida Department of Transportation.
I reviewed the issues raised in your letter regarding impact of the median restoration
program on your client's business located at 419 NE 4th Avenue. Based upon my review of the
information you provided as well as an onsite to the area in question, it does not appear that
access to your client's property has been eliminated. While I would acknowledge that it is not as
convenient for the customers of your client to access the business as it may have been prior to the
median restoration project, that, in and of itself is not an actionable impact.
Although your clients are certainly free to petition the Florida Department of
Transportation and request modification of the median alignments, the City's position is that to
do so would be ineffective reverse the safety gains that the project effectuated. While the City
regrets any inconvenience to business owners when roadways are improved, there are safety
considerations that are paramount to those business interests.
V~yo
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LAW OFFICES OF
JEFF TOMBERG, J.D., P.A.
P.O. Box 1426
626 S.E. 4th Street
Boynton Beach, Florida 33435
Jeff Tomberg
Board Certified Civil
Trial Lawyer
August 6, 2007
(561) 732-6488
(561) 737-1345
FAX: (561) 734-8971
e-mail: piatty@yahoo.com
Mr. Kurt Bressner
City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Mr. Jerry Taylor
Mayor
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Jeffrey Livergood, B.E.
Dept. of Engineering & Public Works
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Re: Median at Boynton Beach Blvd. and Railroad Ave.
Gentlemen:
This office has been asked by Mario Ferazzoli & Sons, Inc. and other
businesses along East Railroad Avenue in Boynton Beach to advise you
that it is urgent that the City modify the median in the center of Boynton
Beach Boulevard that prevents Eastbound traffic from making a left turn at
East Railroad Avenue.
Our investigation has led us to believe that the City of Boynton Beach
dictated that a complete median across the center of Boynton Beach
Boulevard was necessary. This was done without studying what kind of
Page 2
impact it would have upon the businesses along East Railroad Avenue. My
client, like many of the other business entities along Railroad Avenue, has
suffered substantial declines in walk-in traffic. Clearly, it was not the intent
of the City for the median to substantially interfere with my client's business
or those of his neighbors; but the result of having erected a barrier median
such as was erected has done exactly that.
We understand and appreciate that Southbound traffic on Railroad Avenue
turning left onto Boynton Boulevard at the railroad tracks created a
significant hazard; but we believe that a median barrier could be erected
that would allow Eastbound traffic to turn left onto Railroad Avenue, while
at the same time preventing Southbound traffic from turning Eastbound
onto Boynton Beach Boulevard. The City of Boynton Beach did not discuss
the construction project with the businesses that would be most affected
by it; and at this time we are asking the City to reconsider its position and
to allow us to put our ideas to work. The unintended consequence of the
City failing to discuss this matter with my client and his neighbors has been
significant economic harm, This economic harm, if not rectified, could result
in that area becoming untenable as it relates to maintaining businesses.
Very truly yours,
-----
JeT/ah
cc: Mr. Ferazzoli
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Mr. Kurt Bressner
City Manager
City of Boynton Beach
P,O. Box 310
Boynton Beach FL 33425-0310
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August 8,2007
RE: Median at Boynton Beach Blvd, & Railroad Ave.
Dear Sir:
This is a foUow-up letter to my attorney's letter dated 8/6/07.
How can a city do what they did to cripple businesses along Railroad Ave?
If we were a big chain such as Walmart, Target, etc.,and 4 left turn lanes were
needed, it would be done in a blink of an eye.
Since I am considered a small business, I as well as all others seem to
have no right in making a decision as such. I have been here and have paid taxes
to the city for over 29 years. Since the "No left turn was added, I have had much
less walk-ins, prospective clients getting lost or giving up in finding us
completely. In talking with other business owners, they are also having the same
problems. W"E ARE LOSING BUSINESS! I have prooffrom a city employee
who asked his wife to meet him at Boynton Auto Clinic also on Railroad Ave.
She spent ~ hour trying to find where to turn.
OUf intention is not to persue litigation, but to correct this ongoing
problem.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\'1
XI. - NEW BUSINESS
ITEM A.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
D August 21. 2007 August 6, 2007 (Noon.) D October] 6. 2007 October 1,2007 (Noon
D September 4. 2007 August 20, 2007 (Noon) D November 7, 2007 October 15, 2007 (Noon)
D September 18, 2007 September 3, 2007 (Noon) [g] November 20, 2007 November 5, 2007 (Noon)
D October 2, 2007 September 17,2007 (Noon) D December 4, 2007 November 19,2007 (Noon)
D Announcem ents/Presentations D City Manager's ~eport
NA TURE OF 0 Administrative [g] New Business
AGENDA ITEM 0 Consent Agenda D Legal
0 Code Compliance & Legal Settlements D Unfinished Business
0 Public Hearing D
RECOMMENDATION: Continue this item, initially placed on the October 2, 2007 Commission
Agenda, to the December 18, 2007 Agenda. This is a request by a developer for annexation of the
balance of the Gulfstream Gardens development (7.966 acres of 15.36 acres) into the Community
Redevelopment Area (CRA).
EXPLANATION: In 2006 a 15.46 parcel was assembled for development along South Federal
Highway. A portion of the property was already in the City (7.494 acres) while the balance was
unincorporated Palm Beach County (7.966 acres). The 7.494 acre portion of the property already in the
City limits was also in the limits of the CRA. The unincorporated 7.966 acres was subsequently
annexed into the City to form Phase 1 and Phase II of Gulfstream Gardens. However, there was not
an automatic annexation of the 7.966 acres into the CRA. The developer has requested that the
balance of the property be annexed into the CRA. This would make the entire property eligible to take
advantage of the Special High Density Land Use Classification that is only available in that portion of
the CRA identified as Planning Areas 1 or 5 (of the Federal Highway Corridor Redevelopment Plan) or
other areas of the City if in connection with affordable housing.
Staff has confirmed with the County that the property could be annexed into the CRA without creating
another mini-CRA and has determined the financial tax loss to the City with the annexation of the 7.966
acres into the CRA.
PROGRAM IMPACT: Given the impact of tax caps and other revenue restrictions, annexation of the
property is not recommended at this time. In addition, consideration of any expansion of the CRA
should include a fiscal impact analysis,
FISCAL IMPACT: (Include Account Number where funds will come from) Based on projections of a
2010-2011 completion date for the development, and using a millage rate of 6.4553%, the annual loss
to the City with annexation would be $281,970. This is based on an assumed taxable value of the
project at $89M, This loss would continue each year.
S:\BULLETINIFORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES:
I.) Proceed with the annexation and request that CRA provide replacement revenue or in-kind services
in the amount of $300,000 a year to compensate for the loss of property tax revenue for the City.
2.) Proceed with the annexation with no revenue sharing formula from the CRA to make up for lost
property tax revenue to the City.
~~
City Manager's Signature
Assistant to City Manager ~
Dep
Department of Development
City Attorney! Finance
S\BULLETINlFORMS\AGENDA ITEM REQUEST FORM.DOC
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AGENDA ITEM REQUEST FORM
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Requested City Cilmmissiilll Date FilUll Fonn Must be Turned Requested City CommissLcm Dill: FilUll FOml Must be Turned
Ml:etLll1! Dates in to City Clerk 's Offi~ Mminl!. Dates in to City elm's Office
0 August 21, 21107 August 6, 2007 (NOOII.) 0 Octilber 16, 2007 Octilber 1, 2007 (Noon
0 September 4, 2007 Augusl 20, 2007 (Noon) 0 November 7, 2007 Oclober 15,2007 (Noon)
0 Septrolbcr 18, 2007 September J, 2007 (Noon) 0 November 20, 2007 No\'cmber 5, 2007 (Nilon)
0 October 2, 2007 Septemboell7, 2007 (Noon) 0 December 4, 2007 November 19.2007 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NA TURE OF 0 Administrative [8] New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Request by developer for annexation of balance ofGulfstream Gardens development
(7.966 acres of 15.36 acres) into the CRA.
EX PLANA TION: In 2006 a 15.46 parcel was assembled for development along South Federal Highway. A portion of the
property was already in the City (7.494 Elcres) while the balance was uninco1'J'orated Palm Beach County (7.966 acres). The
7.494 acre ponicn of the property already in the City limits was also in the limits of the CRA. The unincorporated 7.966
acres v,'aS subsequently annexed into the City to form Phase I and Phase [J of Gulfstream Gardens. However, there was not
an automatic annexation ofthe 7.966 acres into the CRA. The developer has requested that the balance of the property be
annexed at this time into the CRA. This would make the entire property eligible for CRA incentives. The boundary of the
original CRA/City parcel (7.494) is not contiguous (see map). In response to the developer's request, staff did two things:
1. We confirmed with the County that the property could be annexed into the CRA without creating another mini-CRA.
This was important for budget and E1udit requirements. The County indicated that this could be done without
creating another CRA.
2. We calculated the financial tax 105s to the City with the annexation of the 7.966 acres into the CRA. Ifannexed, the
CRA would receive the tax revenue from the post-development property value while the City would retain the value
of the property when it was Elnnexed into the City. Based on our projections and a 20 10.20 I I completion date for
the development, using a miUage rate of6.4553%, the annual loss to the City with annexation would be $28] ,970.
This is based on an assumed taxable value of the project at S89M. This loss would continue each year.
PROGRAM IMPACT: Given the impact of tax caps and other revenue restrictions, annexation of the property is not
recommended. In addition, consideration of any expansion of the CRA should include a fiscal impact analysis,
FISCAL IMP ACT: (Include Account Number wbere funds will come from) -- See attach<<l spreadsheet showing a 12.
year revenue loss projection to the City ",ith annexation into the CRA,
ALTERNATIVES: I. Proceed with the annexation and request that eRA provide replacement revenue or in-kind services
in the amount of$300,000 a year to compensate for the loss of property tax revenue for the City.
2, Proceed with the annexation with no revenue sharing formula from the CRA to make up for lost property tax revenue to
the City.
S:\BUlLETIN\FORMS"AGENDA ITEM REQUEST FORM.DOC
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AGENDA ITEM REQUEST FORM
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Department Head's Signature
Department Name
S:\BUlLET1N\FORMSIAGENDA ITEM REQUEST FORMOOC
Assistant to City Manager
City Attorney I Finance
ATTORNEYS AT LAW
The C lark House
102 North Swinton Avenue
Defray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: mweiner@Zonelaw.com
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ClTV f,M~i...jAGEfrS OFFICE
WEINER & ARONSON, P.A.
MtCHAEL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
SHA YNA M. REITMAN
August 31, 2007
Via Email & Reqular Mail
Mr Kurt Bressner, City Manager
City of Boynton 8each
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425-0310
Re: Gulfstream Gardens
Our File No.: LOC0002
Dear Kurt:
Thank you very much for your emai! reply, We understand your initia~ pOSition with respect to
this particular situatiorl. Regardless, we be~ieve that this matter should be addressed as quickly as
possible. Tax Record Certification for January 1, 2008 is fast approaching and a deds;on should be
made so that the Property Appraiser's records are correct as of that date.
We respectfully request that this matter be placed upon the appropriate City and Community
RedevelopmentAgency agendas. If we coutd be of further assistance irl mak;rlg certain that they
are on the~genda, please feel free to contact me.
/'
Very truly ypurs, //
1/'(\. /'
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Cc: Mr, R[ck Lococo
James Cheraf, Esquire
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eRA BOUNDARIES
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
DEVELOPMENT
ITEM A.l
oL_-:::
"
'1
(. )
'-)
::-'-~
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be IJ.iIned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Offre:e 'J
c.;1 ~~
D August 21, 2007 August 6, 2007 (Noon.) D October 16. 2007 October 1, 2007 (Noon c.) . .~~)
D September 4. 2007 August 20, 2007 (Noon) D November 7, 2007 October 15, 2007 (Noon)
D September 18. 2007 September 3,2007 (Noon) ~ November 20, 2007 November 5, 2007 (Noon)
D October 2, 2007 September 17, 2007 (Noon) D December 5, 2007 November 19, 2007 (Noon)
D AnnouncementslPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda ~ Legal
D Code Compliance & Legal Settlements D Unfmished Business
~ Public Hearing D
RECOMMENDATION: Please place this request on the November 20, 2007 City Commission Agenda under
Public Hearing and Legal, Ordinance - Second Reading. On August 21,2007, the City Commission approved this item
(including First Reading of the Ordinance) for transmittal to the Department of Community Affairs (DCA), This item has
been returned from DCA and is now ready for final ordinance processing. For further details pertaining to this request, see
attached Department Memorandum No. 07- 052.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Boynton Bay (LUAR 07-002)
Weiner & Aronson, P ,A.
The Hamlet, L TD
West of Federal Highway and south of Gateway Boulevard
Request to amend the Comprehensive Plan Future Land Use Map from High Density
Residential (HDR) to Special High Density Residential (SHDR); and
Request to rezone from Multi-Family Residential (R-3) to Planned Unit Development
(PUD).
Proposed Use:
Residential development consisting of 420 residential units (240 existing for-rent units,
180 new for-sale units including 45 for-sale work,force units) for an overall density of
19.93 dwelling units per acre (duJac).
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
k~
City Manager's Signature
-- . /"? /f;
t-L.J~
Pla~i~g and Zon~ irec;;:r City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Boynton Bay\LUAR 07-002\Agenda Item Request Boynton Bay LUAR Dec 4, 2007.doc
Assistant to City Manager
t~
S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
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ORDINANCE NO. 07- ~O
~
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AN ORDINANCE OF 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 THE HAMLET, LTD., AND LOCATED AT
499 BOYNTON BAY CIRCLE, WEST SIDE OF
NORTHEAST 4TH STREET, WHICH IS WEST OF
FEDERAL HIGHWAY AND SOUTH OF GATE\VAY
BOULEVARD; CHANGING THE LAND USE
DESIGNATION FROM HIGH DENSITY RESIDENTIAL
TO SPECIAL HIGH DENSITY RESIDENTIAL (SHDR) ;
PROVIDING FOR CONFLICTS, SEVER4.BILITY, A.ND
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
pursuant to Ordinance No. 89,38 and in accordance with the Local Government
Comprehensive Planning Act; and
WHEREAS, the procedure for amendment of a Future Land use Element of a
Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
WHEREAS, after two (2) public hearings the City Commission acting in its dual
capacity as Local Planning Agency and City Commission finds that the amendment
hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
the best interest of the inhabitants of said City to amend the aforesaid Element of the
Comprehensive Plan as provided.
NOW, 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.
S::CA\Ordinances\Planning\Land Use\Bo:mton Bay.doc
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
1
2 following:
3 That the Future Land Use ofthe following described land located at 499 Boynton Bay
4 Circle, west side of Northeast 4th Street, which is west of Federal Highway and south of
5 Gateway Boulevard; changing the land use designation from High Density Residential to
6 Special High Density residential (SHDR).
7
8 See Legal Description attached hereto
9
10 Subject to easements, restrictions, reservations, covenants and
11 rights of way of record.
12
13 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
14 Future Land Use Plan shall be amended accordingly.
15 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
16 Section 5: Should any section or provision of this Ordinance or any portion thereof be
1 7 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
18 remainder of this Ordinance.
19 Section 6: The effective date of this plan amendment shall be the date a final order is
20 issued by the Department of Community Affairs finding the amendment to be in compliance in
21 accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration
22 Commission finding the amendment to be in compliance in accordance with Section 163.3184,
23 F.S.
S :\CA \Ordinances\Planning\Land Use\Boynton Bay.doc
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II
1
FIRST READING this ~ day of A-UjLL51 ,2007.
SECOND, FINAL READING and PASSAGE this day of
.2007.
2
3
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
Janet M, Prainito, CMC
City Clerk
(Corporate Seal)
II
S :\CA\Ordinances:PIanning\Land Use Boynton Bay.doc
1 THAT PART OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
2 PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
3 ALL THAT PART OF LOTS 20 THROUGH 26, INCLUSIVE, OF SAM BROWN
4 JR.'S HYPOLUXO SUBDIVISION, ACCORDING TO THE PLAT THEREOF,
5 AS RECORDED IN PLAT BOOK 1 PAGE 81, PUBLIC RECORDS, PALM
6 BEACH COUNTY, FLORIDA, LYING WESTERLY OF THE WEST LINE OF
7 THE EAST 340 FEET OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43
8 EAST, PALM BEACH COUNTY, FLORIDA.
9 LESS HOWEVER, THE SOUTH 60 FEET OF LOT 22.
10 ALSO LESS, THE FOLLOWING DESCRIBED PARCEL OF LAND;
11 FROM THE SOUTHWEST CORNER OF LOT 20 LYING IN SAID SAM
12 BROWN JR.'S HYPOLUXO SUBDIVISION RUN NORTH 2002'25" WEST
13 ALONG THE WEST LINE OF LOTS 20, 21 AND 22, A DISTANCE OF
14 379.12 FEET TO A LINE 60 FEET NORTHERLY OF AND AS MEASURED
15 AT RIGHT ANGLES TO, THE SOUTH LINE OF SAID LOT 22; THENCE
16 SOUTH 89056'48" EAST, ALONG SAID LINE, A DISTANCE OF 25.02 FEET
17 TO THE POINT OF BEGINNING; THENCE NORTH 2002'25" WEST, ALONG
18 A LINE THAT LIES 25 FEET EASTERLY OF THE WEST LINE OF SAID
19 LOT 22, A DISTANCE OF 61.08 FEET; THENCE SOUTH 890 57'23"E., A
20 DISTANCE OF 364.25 FEET; THENCE NORTH 0002'37" EAST, A
21 DISTANCE OF 58.89 FEET; THENCE SOUTH 89057'23" EAST, A
22 DISTANCE OF 20.0 FEET; THENCE NORTH 0002'37" EAST, A DISTANCE
23 OF 24 FEET; THENCE SOUTH 89057'23" EAST, A DISTANCE 8 FEET;
24 THENCE NORTH 0002'37" EAST, A DISTANCE OF 70.6 FEET; THENCE
25 SOUTH 89057'23" EAST, A DISTANCE OF 159.6 FEET; THENCE SOUTH_
26 0002'37" WEST, A DISTANCE OF 70.6 FEET; THENCE SOUTH 89057'23"
27 EAST, A DISTANCE OF 20 FEET; THENCE SOUTH 0002'37" WEST, A
28 DISTANCE OF 29.95 FEET; THENCE DUE EAST, ALONG A LINE THAT IS
29 602 FEET SOUTHERLY OF AND AS MEASURED AT RIGHT ANGLES TO
30 THE NORTH LINE OF LOT 26 OF SAID SAM BROWN JR.'S HYPOLUXO
31 SUBDIVISION, A DISTANCE OF 377.17 FEET TO A POINT IN A LINE THAT
32 IS 365 FEET WESTERLY OF AND PERPENDICULAR TO THE EAST LINE
33 OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST; THENCE
34 S.l 053 '20" EAST, ALONG SAID LINE, A DISTANCE OF 114.06 FEET TO
35 THE NORTH LINE OF SAID SOUTH 60 FEET OF LOT 22; THENCE NORTH
36 89056'48" WEST ALONG SAID LINE, A DISTANCE OF 950.13 FEET TO THE
37 POINT OF BEGINNING.
38 TOGETHER WITH:
39 THE EAST 340 FEET OF THAT PART OF LOTS 20 TO 26, INCLUSIVE, OF
40 SAM BROWN JR. 'S HYPOLUXO SUBDIVISION LYING IN SAID
41 SECTION 16, AS RECORDED IN PLAT BOOK 1 PAGE 81, PUBLIC
42 RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE EAST
43 60.0 FEET THEREOF
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 07-052
FROM:
Chair and Members
Planning & Development Board
Gabriel Wuebben ;7 .J
Planner V)
Michael W. RumPf~
Director of Planning and Zoning
TO:
THROUGH:
DATE:
May 24, 2007
PROJECT NAME/NUMBER:
Boynton Bay/LUAR 07-002
REQUEST:
To reclassify the subject property from High Density Residential
(HDR, max. 10.8 dwelling units/acre) to Special High Density
Residential (SHDR, max. 20 dwelling units/acre) on the Future
Land Use Plan, and rezone from the Multi-family Residential (R-
3) District to Planned Unit Development (PUD).
PROJECT DESCRIPTION
Property Owner: The Hamlet, L TD
Applicant/Agent: Weiner & Aronson, P.A.
Location: 499 Boynton Bay Circle, west side of NE 4th Street (Exhibit "A'')
Parcel Size: 21.07 acres
Existing Land Use: High Density Residential
Existing Zoning: R-3 ' Multi-Family Residential
Proposed Land Use: Special High Density Residential (SHDR)
Proposed Zoning: PUD, Planned Unit Development
Proposed Use: Residential development consisting of 420 residential units (240 existing
for'rent units, 180 new for-sale units) for an overall density of 19.93
dwelling units per acre (dujac).
Page 2
File Number: LUAR 07-002
Boynton Bay
Adjacent Uses:
North:
Property designated Low Density Residential (4.84 du/ac) and zoned R-
lA/ Single Family Residential.
South:
Property designated High Density Residential (10.8 du/ac) and zoned R-
3/ Multi Family Residential.
Right-of-way of NE 4th Street/ then property classified Special High
Density Residential (20 du/ac) and zoned PUD/ Planned Unit
Development (an existing development named The Preserve).
East:
West:
Property designated Low Density Residential (4.84 du/ac) and zoned R-
lA/ Single Family Residential.
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment for transmittal to the Florida
Department of Community Affairs and the accompanying rezoning contingent upon the
attached conditions of approval. Staff's support is based upon the following reasons:
1. This request would be consistent with the policies of the Comprehensive Plan that
encourage creation of housing for low and moderate income households. It would c-reate
forty-five (45) new workforce housing units and maintain two hundred forty (240)
existing workforce housing units;
2. This request would contribute to the overall economic development of the City by
reducing the critical shortage of workforce housing;
3. This request would generate tax revenue/ contributing to the overall tax base of the
City;
4. This request would not create additional impacts on infrastructure that could not be
accommodated within existing capacities; and
5. The compatibility issue has been adequately addressed through project's design which
effectively mitigates potential negative impacts on the surrounding single-family
neighborhoods: the project's benefits would be significant enough to offset any
remaining concerns.
6. Staff has found the justification submitted in support of waivers with respect to parking
and maximum building height satisfactory, and therefore recommends that both waivers
be granted.
Prior to or concurrently with the processing of a site plan application, the applicant must submit
a request for a Code Review with regard to Ordinance 07-007, or/ alternatively/ submit a waiver
requesting relief from the "proportionality" requirements of this ordinance. The said
requirements/ pertaining to the comparative characteristics of market and workforce housing
units/ are not met by the proposed development.
Following the DCA's review/ final adoption of the land use amendment and rezoning should only
be approved if a site plan for the development and the Code Review amending Ordinance 07-
007, or the waiver, are approved concurrently.
Page 3
File Number: LUAR 07-002
Boynton Bay
BACKGROUND
The applicant is requesting a land use amendment and rezoning in order to permit the partial
redevelopment of an existing for-rent residential development. The proposed redevelopment
would result in the construction of three (3) structures in the center of the existing
development; one (1) six-story structure and two (2) tiered structures ranging in height from
four to six stories. The existing development consists of seventeen (17) two-story apartment
buildings.
The land use amendment and rezoning application, which would result in the provision of forty-
five (45) for-sale workforce residential units, is accompanied by two requests for waivers of
development regulations. Waiver applications include a request for a reduction in the number of
required parking spaces and a request for an increase in maximum building height.
Workforce Housina
This is the first project proposed in accordance with the City's newly adopted workforce housing
ordinance. According to Ordinance 07-007, a developer requesting a higher density land use
and zoning category must provide workforce housing units. In this particular case, the
developer is requesting the Special High Density Residential land use designation, which
requires a set aside of twenty percent (20%) of the total number of proposed residential units
in the development for workforce housing. Twenty-five percent (25%) of these units shall be
set aside for Low Income Households, and seventy-five percent (75%) shall be set aside for
Moderate Income Households, as defined by Ordinance 07-007.
The ordinance currently mandates that the developer provide workforce housing units that
include unit types in the same proportion as the market rate units through the following
language:
i. If the Development contains a mix of different types of units, (e.g. condominium,
townhouse, detached, etc.), the proportion of workforce housing units of each type of
total workforce housing units must be approximately tfJe same as tfJe proportion of
market rate units of each type to total market rate units.
The first of these proportionality requirements is not applicable in this case, as all units
will be the same type.
ii. If the Development includes both for sale and for rent units, the proportion of for rent
Workforce housing units to for sale workforce housing units must not exceed the
proportion of for rent market rate units to for sale market rate units.
The second provision creates an unforeseen conflict in the case of this proposed
development. It currently includes two hundred forty (240) workforce housing rental
units; the new development would result in forty-five (45) for-sale workforce housing
units and one hundred thirty-five (135) for sale market rate units. Since there are no
for-rent market units, the above "proportionality" rule is not met.
iii. The number of bedrooms per unit must be proportionate between workforce and market
rate units.
Page 4
File Number: LUAR 07-002
Boynton Bay
The third provIsion also creates conflicts with the proposed development. With all
existing units rented as workforce housing units, it would be impossible for the
developer to achieve similar proportions of unit types (i.e. number of bedrooms) in the
proposed, for-sale component.
These last two provisions of Ordinance 07-007 are likely to be an issue in all requests involving
major modifications of existing developments. In consideration of this and future applications,
the City can consider amending the regulations to permit the disruption of proportionality under
special circumstances. Alternatively, the applicant may submit a waiver application requesting
relief from the "proportionality" requirements of this ordinance.
The developer has the right to apply for waivers or reductions of development standards in
cases in which compliance with a land development standard would preclude construction of a
residential project in which workforce housing units are included. In these cases, the applicant
is required to demonstrate that the waiver or reduction is necessary to make the workforce
housing units economically feasible and that such a waiver or reduction would not compromise
any of the City's life or safety standards. Waiver applications for this proposed development are
discussed in detail below.
The City of Boynton Beach Housing Needs Assessment (April 9, 2006) addresses the City's
shortage of affordable housing in detail, and pays concentrated attention to different sectors of
the City in particular need of relief. In the sections Affordability Gap by Owner Households and
Affordability Gap by Renter Households, the report demonstrates that the affordability gap (the
financial gap between median income and median housing costs) for the senior population is
greater than the average affordability gap city-wide. The addition of affordable units available
exclusively to senior residents should help address the shortage of affordable housing for the
population age 55 and over. The term "workforce housing" by definition does not preclude
these citizens, many of whom still are very active members of the workforce. The proposed
development would include one hundred eighty (180) more affordable, age-restricted units and
will maintain two hundred forty (240) existing affordable, age-restricted units.
PROJECT ANALYSIS
This land use amendment and rezoning pertains to a 21.07 acre parcel. Because of the size of
the property under consideration, the Florida Department of Community Affairs classifies this
amendment as a "large scale" amendment. A "large-scale" amendment is transmitted to the
Florida Department of Community Affairs for their review and comment prior to adoption.
Adoption must take place before the end of the 2007 calendar year and is tentatively scheduled
for late November or early December of this year.
MASTER PLAN ANALYSIS
According to the Land Development Regulations, all development and redevelopment requiring
a master plan must include the concurrent processing of the master plan with the application
for a land use amendment and rezoning. A conceptual master plan was submitted with the
original application, which is provided as Exhibit "8" and described below.
Page 5
File Number: LUAR 07-002
Boynton Bay
The conceptual master plan calls for the construction of three structures in the center of the
existing Boynton Bay residential development. The existing two-story apartment buildings at
the periphery of the property would remain primarily unchanged, with minor interior upgrades
and few exterior alterations to be requested under separate applications for minor site plan
modification and permit approval. The current circulation system would remain as-is. The
construction of the new residential structures would result in the loss of the majority of current
open space; the development would lose a tennis court, basketball court, large swaths of
greenspace, and miscellaneous recreational amenities. In their place, the developer proposes
to compensate with alternative facilities, including the addition of a second swimming pool, a
landscaped water-body and other landscaping details, as well as miscellaneous passive
amenities such as a beauty salon/barber shop, a general store/deli, a rooftop restaurant with
ocean views, a clubhouse, and a therapy room. The perimeter of the existing open space
would be fitted with parking spaces to accommodate the additional units as well as two drop-
off/pick-up points.
Waivers
As indicated above, the developer is entitled to apply for waivers, or reductions of development
standards in cases in which compliance with a land development standard would preclude
construction of a residential project in which workforce housing units are included. In these
cases, the applicant is required to demonstrate that the waiver or reduction is necessary to
make the workforce housing units economically feasible and that such a waiver or reduction
would not compromise any of the City's life or safety standards. In this proposed development,
the application for a land use amendment and rezoning hinges upon the City's Workforce
Housing ordinance. The developer has applied for two waivers, and has made a case that the
project can not be completed without the granting of both. The two waiver requests are
described as follows:
1. Parking - The addition of one hundred eighty (180) new units would create the need
for a substantial increase in parking pursuant to Chapter 2, Section 11(H)(16)(a) of the
Land Development regulations. The existing development consists of 240 residential
units, which require a total of four hundred ninety-three (493) parking spaces. Five
hundred thirty-four (534) parking spaces are currently provided on-site, providing a
surplus of forty-one (41) spaces. Based upon the proposed plans for the site, an
additional two hundred seventy-two (272) parking spaces would be needed to
accommodate the additional residential units. The developer proposes to provide one
hundred sixty-three (163) additional spaces, resulting in a project-wide shortage of
sixty-eight (68) spaces.
The developer has applied for a waiver to accommodate the reduction in the number of
required parking spaces associated with the additional units. The applicant contends the
City's parking regulations do not provide for reduced parking requirements for age-
restricted communities despite evidence that senior residents utilize fewer cars than
non-senior residents. Of the two hundred forty (240) existing units, the applicant has
indicated that only one hundred ninety-five (195) currently have a vehicle registered.
Currently, 75% of the affordable rental units are set aside for seniors aged 55 and older.
A high percentage of these apartments are occupied by a single adult, many of which
have either one or no car. The applicant states that transportation in the form of a
shuttle and meal services are provided by the Mae Volen Senior Center, which escorts
Page 6
File Number: LUAR 07-002
Boynton Bay
residents of Boynton Bay to various locations throughout south Palm beach County by
appointment. In addition, many of the residents use the public bus system and the
trolley service that stops directly in front of Boynton Bay on NE 4th Street. The applicant
also provided photographic evidence of the surplus of parking onsite. The photos, taken
at three different times of day over the course of three different days, do clearly indicate
that on-site parking is greatly underutilized. The applicant also provided extensive
written evidence supporting the request for reduced parking requirements. The
Institute of Transportations Engineers Parking Generation Manual 3rd Edition
demonstrates that the peak parking demand at Senior/Adult Housing on a weekday is
approximately one (1) parked vehicle per dwelling unit less than standard
residential/townhouse parking demand. The Institute of Transportation Engineers Trip
Generation Manual 7th Edition further supports this position with evidence of fewer trip
generations per dwelling unit at adult housing facilities. Finally, the applicant has
supplied a letter from traffic engineer Simmons & White, Inc. supporting the waiver
request and demonstrating that the waiver will not negatively impact the City's life or
safety standards.
The applicant has submitted a declaration of restrictive covenant in order to secure the
continuation of the development's age-restrictive status. This should assure that the
development of the property will not cause parking congestion, and that any future
development of the property, particularly that which may remove elderly housing
requirements, would result in mandatory Commission review. The declaration will be
recorded in the Public records of Palm Beach County and will run with the property.
Staff has examined the evidence supporting the applicant's request for a waiver
reducing parking requirements. The Institute of Transportations Engineers supports the
assertion that fewer spaces are provided for age-restricted communities such as this.
The professional opinion of a local engineering firm supported by statistical data also
lends great support to the request for a waiver, and the photographic evidence
demonstrates that parking is already greatly underutilized. Staff is convinced that a
waiver would not compromise any of the City's life or safety standards while assisting
the developer construct workforce housing units, and therefore supports granting the
waiver of parking requirements.
2. Height - The developer has also requested a waiver to increase the maximum structure
height from 45 feet to 63 feet - 3 inches. The applicant is requesting an increase in
maximum height in order to construct at six (6) stories, stating that this increase is
critical to the economic feasibility of the proposed redevelopment in order to (a.) help
preserve existing affordable senior rental housing, (b.) counter land costs, and (c.)
accommodate the cost to develop well-conceived community facilities that will attract
active senior home-buyers.
o The applicant states that a capital influx is necessary to counter the expiration of
tax credits established over fifteen (15) years ago. These credits required the
developer to maintain housing at affordable levels for seniors over age fifty-five
(55) with income below sixty percent (60%) of the area median income. With
the expiration of these credits in December of 2006, there is no longer a source
of capital available to maintain the property at its current affordability. The
Page 7
File Number: LUAR 07-002
Boynton Bay
proposed development will allow the applicant to redevelop the property through
an extensive capital improvement plan.
o The applicant met with the Florida Housing Finance Corporation regarding the
release of the collateral of the 2 acres from the mortgage on the rental
community. The Florida Housing Finance Corporation stated that as a lender on
the property they require the applicant to pay down existing loans in an amount
equal to the appraised value for the land/collateral that will be released from the
note plus the value of any required easements. The applicant is in the process
of obtaining an appraisal, and estimates that value will be approximately $2
million. The applicant states that the increase in land costs over recent years
has led to difficulty in accomplishing the proposed development as it currently
stands. The increased height will allow the cost of land to be distributed over a
greater number of units, generating an economically feasible land basis for the
overall development.
o The applicant states that a lower maximum height would require either the
demolition of existing rental units and/or a reduction in the quality of the
proposed development to a point that would render the project unfeasible due to
lack of interest in an uncompetitive product.
Staff has considered the applicant's request for a waiver to increase maximum building
height from forty-five feet (45') to sixty-three feet three inches (63' 3''). The project pro
forma submitted with the application for the waiver demonstrates the financial
infeasibility of the project when producing fewer than the proposed one hundred eighty
(180) for sale units. The developer has worked with staff to attempt to mitigate the
difference in the proposed heights and those of surrounding buildings. The original
plans called for the two larger structures to the west (those closest to the abutting
single-family residential neighborhood) to provide consistent massing from the first
through sixth floors, with twelve (12) units per floor throughout the structures. In order
to soften the change in maximum height between the proposed structure and
neighboring residential, the developer has altered the design of the structures to create
a layered, ascending silhouette. In this altered plan, the single-family neighborhood
would abut the existing two-story apartment structures which form the periphery of the
development, which would then abut the first tier of the proposed structure at four
stories (the currently approved maximum structure height). The first four stories would
provide twelve units per floor. The structure would climb to five stories, at eight units
per floor, before culminating in a pinnacle at six-stories, where six units would top the
structures (see exhibit B).
The applicant has also positioned the proposed structures so as to distance them as
greatly as possible from the adjacent single-family homes. To the west, single-family
subdivisions abut the development's existing two story apartment buildings. The
proposed buildings are to be located eastward across an interior street from the single'
family homes, over one hundred fifty-six feet (156') from the property line. The
buildings would also be over one hundred seventy-six feet (176') from the abutting
properties to the south and over two hundred fifty-nine feet (259') from abutting
Page 8
File Number: LUAR 07-002
Boynton Bay
properties to the north. The property line to the east would be over four hundred eighty
feet (480') to the east of the easternmost building.
The applicant has demonstrated that providing workforce housing units within the
current maximum building height of forty-five feet (45') is financially unfeasible. The
applicant has worked with staff to mitigate the potentially negative impacts of the
proposed development/ and the proposed re-design has successfully accomplished this.
Therefore/ staff recommends that the waiver for an increased maximum structure height
be granted.
Pro forma
As indicated above/ in applying for waivers the developer is required to demonstrate that the
waiver/ or reduction of development standards is necessary to make the workforce housing
units economically feasible and that such a waiver or reduction would not compromise any of
the City's life or safety standards. The applicant submitted one project pro forma assuming a
maximum building height of three stories and resulting in a net loss of over $900/000. The
applicant submitted a second project pro forma which assumes a maximum building height of
six (6) stories and one hundred eighty (180) for sale units/ resulting is a net profit of
approximately $4/000/000. The applicant has stated that the second scenario providing a
maximum building height of six (6) stories within selected sections of the proposed
development proVides the minimum number of units and thus the minimum profit at which the
developer considers the project feasible.
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
policies including but not limited to, a prohibition against any increase in dwelling unit
density exceeding 50 in the hurricane evacuation zone without written approval of the Palm
Beach County Emergency Planning Division and the City's risk manager. The planning
department shall also recommend limitations or requirements, which would have to be
imposed on subsequent development of the property, in order to comply with policies
contained in the comprehensive plan.
The property is not located in the hurricane evacuation zone. Therefore, this section of the
criterion is not applicable.
Staff has considered the application for a change in land use and rezoning in light of the
Comprehensive Plan. The project is clearly consistent with several of the City's policies,
while a number of others raise issues that need to be addressed.
The proposed development is consistent with the following City objectives and policies as
established in the Comprehensive Plan:
Page 9
File Number: LUAR 07-002
Boynton Bay
. Objective 1.13 (Future Land Use Element) Discourage urban sprawl by creating a
compact urban area within the City and the City's utility service areas.
The proposed development would result in intensifying density within an established
residential area, within an area already serviced by established City utilities and other
infrastructure.
. Policy 1.16.1 (Future Land Use Element) The City shall continue to adopt and/or revise
regulations to continue to enforce zoning regulations, which, unless provisions are made
for otherwise in the Problems and Opportunities section of this element, shall
correspond to the Future Land Use Plan in accordance with the following descriptions of
land use categories...
Special High Density Residential: This land use category... may be applied in
other areas of the City when utilized in conjunction with the provision of
affordable housing. The uses allowed in this land use category shall be limited
to, but shall not necessarily include, the following: Residential uses with a gross
density of not more than 20.0 dwelling units per acre...
In December of 2006 the City adopted the Comprehensive Plan text amendment,
removing the restriction that limited the application of the Special High Density
Residential Use Category to specific areas east of 1-95. Permitting this land use
designation with the residential density of 20 units per acre throughout the City for
developments providing affordable housing is intended to be a powerful policy tool for
the promotion of affordable housing. The subject request is the first one to take
advantage of this amendment and it is fully consistent with its intent.
. Policy 1.19.1 (Future Land Use Element) The City shall continue efforts to encourage a
full range of housing choices, by allowing densities which can accommodate the
approximate number and type of dwellings for which the demand has been projected in
the Housing and Future Land Use Elements, including the provision of adequate sites for
housing very-low, low-, and moderate income households and for mobile homes.
The Housing Needs Assessment indicates that the City is in need of affordable housing,
and the redevelopment would provide a range of for-rent and for-sale housing types, for
potential residents. With the implementation of workforce housing regulations, the
proposed development will further address the policy's call for the provision of housing
affordable to low well as moderate-income households.
. Policy 6.1.1 (Housing Element) The City shall provide information, technical assistance,
and explore possible incentives with the private sector to maintain a housing production
capacity sufficient to meet the community needs. Possible incentives could include
assistance in land assembly, below market rate financing, allowances to bUIld on
nonconforming lots, and density increases.
The proposed development provides an opportunity for the City to assist the private
sector in maintaining housing production consistent with the City's needs.
Page 10
File Number: LUAR 07-002
Boynton Bay
The characteristics of the proposed development raise issues with regard to the following
City objectives and policies as established in the Comprehensive Plan:
· Objective 1.15 (Future Land use Element) The City shall encourage planned
development projects which are sensitive to characteristics of the site and to
surrounding land uses, and mixed-use projects in locations which are appropriate, and
utilize other innovative methods of regulating land development
· Policy 1.17.5 (Future Land use Element) The Oty shall continue to maintain and improve
the character of existing single-family and lower-density neighborhoods, by preventing
conversions to higher densities, except when consistent with adjacent land uses, or with
implementing redevelopment plans including the Boynton Beach 20/20 Redevelopment
Master Plan.
The proposed development would create structures reaching six stories in the midst of
an otherwise relatively low-rise residential community which currently consists almost
exclusively of one and two-story residential structures - the only three-story buildings
are townhomes of the development named The Preserve, located east of the subject
property, across the right-of-way of NE 4th Street. The structures would create a major
shift in the existing community elevations, and surrounding single-family residential
developments may be negatively impacted by the change. The applicant has requested
a waiver of maximum height requirements to permit a maximum height of sixty-three
feet three inches (63' 3'') where current regulations permit up to forty-five feet (45').
Further, the proposed change in land use would increase density from the existing 10.8
dulac to a maximum of 20 dulac, and contrast the density of 4.84 dulac allowed in the
adjacent single-family neighborhoods.
The applicant has mitigated the effect of the height difference by:
o locating the proposed structures at the very center of the existing development;
o creating ascending tiers within each of the two most eastward buildings: the
existing two-story buildings would abut four-story units, which climb to five
stories before providing six residential units at six stories. This layered effect
helps soften the discrepancy between the surrounding homes, while still
providing the applicant the units necessary to make the proposed development
economically feasible;
o positioning the proposed buildings to maximize distances to adjacent single-
family neighborhoods: to the west, neighboring single-family residential abuts
the development's existing two-story apartment structures. The proposed
structures would be located eastward across an interior street from the single-
family properties, over one hundred fifty-six feet (156') from the property line.
The structures would also be over two hundred seventy-six feet (276') from the
abutting properties to the south and over two hundred fifty-nine feet (259')
from abutting properties to the north. The property line to the east would be
over four hundred eighty feet (480') to the east of the easternmost structure.
Page 11
File Number: LUAR 07-002
Boynton Bay
Staff concludes that this design adequately mitigates negative impacts on the surrounding
single-family neighborhoods.
The proposed development of the site calls for nearly twofold increase in density. Ordinarily,
a density of 20 units per acre may be considered incompatible with existing single-family
residential land uses. However, the City's growth, coupled with increasing land cost, will
continue to raise the average density in areas east of 1-95. The increased densities will call
for new and innovative design characteristics of new projects, allowing for a more
successful mitigation of land use conflicts and smoother transition between low-and higher
density developments. This is especially the case for projects with workforce housing
component; given the well-documented need, more will eventually request higher density
and attempt to develop or redevelop sites that would require very creative design to
mitigate negative impacts.
The unique site characteristics of the proposed development allows for such a design, which
successfully accommodates the higher density and increased height, mitigating negative
impacts on the surrounding neighborhoods to the greatest extent possible. The new
structures would be located at a significant distance from existing residential neighborhoods
at the very center of the community, and the structures themselves have been designed to
rise from the outside in, providing a gradual increase in height from the development's
periphery to the maximum height.
There should be no significant change in local traffic patterns as a result of the proposed
development. The impact would be limited to NE 4th Street, but as per the review of the
City Engineer, local streets will operate at acceptable levels of service. Since all new units
will be age-restricted, lower trip generation is expected.
The main benefit to the City is the creation of forty-five (45) for-sale workforce housing
units and the maintaining of two hundred forty (240) rental workforce housing units. Staff
concludes that the mitigation of the project's potential negative impacts is effective enough
for its benefits to offset any remaining concerns.
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 applicant has responded to this criterion by stating that "The proposed land use
amendment/rezoning would not create an isolated district and would relate to other
properties in the area that are currently or will be part of the revitalization of the area". The
applicant states that the proposed land use amendment/rezoning will not be contrary to the
established land use pattern. As discussed in the section above, staff recognizes that the
increase in density from 10.8 to 20 units per acre creates potential negative impact on
surrounding neighborhoods, especially on the low-density neighborhoods to the north and
west of the subject property. However, proposed project design includes a number of
features mitigating this impact. The tallest structure area will be directly east of the
development, across NE 4th Street, where a "nearby district" - a new residential
Page 12
File Number: LUAR 07-002
Boynton Bay
development named The Preserve - has similar Special High Density Residential land use
designation and structures reaching three stories. Thus, the proposed land use amendment
and rezoning would be a continuation of the Special High Density Residential land use
designation of The Preserve. This proposed development may foreshadow future
development which will likely reach similar densities and heights, especially in light of
increasing costs and the significant scarcity of land in the surrounding area.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The proposed project addresses one of the City's major concerns in assuaging the current
affordable housing crisis. The workforce housing shortage has been recognized as a "Major
Issue" for the City in the 2006 Evaluation and Appraisal Report of the Comprehensive Plan.
Although not a completely new development with a workforce housing component, the
project would create forty-five for sale workforce housing units and maintain two hundred
forty (240) rental workforce housing units as defined in Ordinance 07-007.
d. Whether the proposed use would be compatible with utility systems/ roadways/ and other
public facilities.
The proposed mixed-use development is compatible with utility systems, roadways, and
other public facilities. This conclusion is based on the following analyses:
Potable Water and Sewer
Demands for water and sewer capacity will increase due to the addition of 180 residential
units onto the site. Total project demand for potable water is estimated to increase to
105,000 gallons per day (currently 60,000 gallons per day); demand for sewer capacity is
estimated to increase to 84,000 gallons per day (currently 48,000 gallons per day). The
applicant states that no water system improvements would be necessary to accommodate
the additional water flows. Also, the applicant states that after discussions with City staff,
preliminary evidence indicates that the existing sewage collection system is adequate to
accommodate the additional sewage flows.
The following is the information regarding the city's water and sewer capacity:
Water Plant capacity
Committed or allocated capacity*
SFWMD permitted withdrawals
Contracted amount to purchase from County
Wellfields' permitted capacity
Wellfields' committed capacity
Wellfield's remaining capacity
Expiration date of water use permit
34 MGD peak daily flow
24.05 MGD peak daily flow
21.5 MGD annual average daily flow
5 MGD peak daily flow
21.5 MGD annual average daily flow
16.5 MGD annual average daily flow
5 MGD annual average daily flow
August 14, 2010
Sewer Plant capacity 24 MGD annual average daily flow
Committed or allocated capacity* 19 MGD annual average daily flow
* Committed and allocated capacity includes current flows and future flows committed for projects that have been approved
but not yet completed
Page 13
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Boynton Bay
There are modifications but no expansions planned for either Water or Sewer plant. The
City will file application for Wellfield permit withdrawal increase to 24 MGD from the surficial
aquifer and 8 MGD from the Floridan aquifer.
Traffic
Palm Beach County traffic analysis projects the creation of 1,358 additional daily trips. As
the Palm Beach County Traffic Division promotes residential developments within the
designated "Coastal Residential Exception Areas", and because of the residential nature of
the proposed development, the County has indicated that it will not object to the proposed
land use development. Locally, City staff has carefully reviewed traffic impacts from this
project with particular emphasis placed on local City roads and concluded that all local
streets will operate at acceptable levels of service. Both the City and County staff paid
careful attention to Gateway Boulevard, which is expected to comply with County and City
standards related to traffic impact.
Schools
The project has received approval from the Palm Beach County School District regarding
school concurrency. The determination is valid for one (1) year from the date of issuance
(April 24, 2007). Once a development order has been issued for the project, the
concurrency determination will be valid for the lifetime of the Development Order.
Solid waste
The Palm Beach County Solid Waste Authority has determined that sufficient disposal
capacity exists through approximately 2021.
Drainaoe
Drainage will be reviewed in detail as part of site plan review, 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 compatibility issues and impact mitigation measures utilized in the project's design
have been reviewed in sections above. The proposed land use amendment/rezoning would
be compatible with the Future Land Use of The Preserve project located east of the subject
property. The proposed development may foreshadow future development which will reach
similar densities and heights, especially in light of increasing costs and the significant
scarcity of land in the surrounding area.
The proposed development is likely to have a positive effect on the property values of
adjacent and nearby properties. It will improve the overall aesthetic quality of the
neighborhood, while serving several beneficial roles in the City in general. The successful
development as proposed would provide a good example of the implementation of the
City's new Workforce Housing Ordinance, and may encourage other developers to
undertake similar developments, increasing the City's supply of affordable housing units.
The proposed development may also serve as a catalyst for more redevelopment efforts in
the area, improving an ageing housing stock.
Page 14
File Number: LUAR 07-002
Boynton Bay
f. Whether the property is physically and economically developable under the existing zoning.
The applicant responds to this criterion by stating that the SHDR land use and PUD zoning
designation would economically and physically permit the property to be developed.
However, no consideration is given to the question of existing land use and zoning. The
applicant suggests and supports through the provided pro forma that the redevelopment is
economically unfeasible without the increased density and building height.
The primary constraints for the proposed development are maximum densities and height
of the R-3 Zoning district. R-3 permits maximum density of 10.8 dulac, nearly one-half
what the developer claims necessary to make the project economically feasible. The
proposed project appears to achieve financial feasibility only at densities approaching 20
du/ac.
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 applicant states that the proposed land use amendment/rezoning is of a beneficial
scale to the neighborhood and City as a whole. Staff, however, fully acknowledges the
compatibility issues stemming from the project's significant increase in density and height.
Staff also recognizes that the mitigation measures employed in the project design address
these issues to an extent possible, and the benefits of the project are thus likely to
outweigh its remaining negative impacts.
In terms of benefits to the neighborhood, the project will improve its overall aesthetic
quality and will probably have a positive effect on the property values of adjacent and
nearby properties. As noted before, the proposed development may also serve as a catalyst
for more redevelopment efforts in the area, improving an ageing housing stock.
The project's main benefit for the City is the expansion of the inventory of workforce
housing. The successful development as proposed would provide a good example of the
implementation of the City's new Workforce Housing Ordinance, and may encourage other
developers to undertake similar developments, further increasing the City's supply of
affordable housing units. Lastly, it increases the City's tax base.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts
where such use is already allowed.
The City's vacant land inventory is very low. The 2006 analysis shows five (5) vacant
residential parcels of 2 or more acres. However, the main issue is the expansion of the
City's affordable workforce housing stock. The workforce housing shortage is severe, and it
is likely to remain so even as the current residential real estate slump puts a downward
pressure on prices. The workforce housing ordinance established requirements which
should begin to add units to the workforce housing stock to ease the shortage. Projects
that produce such units need to be promoted, assuming that compatibility issues are
adequately resolved. The scarcity of vacant land as well as density requirements imply that
a great majority of workforce housing units will be built in redevelopment projects.
Page 15
File Number: LUAR 07-002
Boynton Bay
CONCLUSIONS! RECOMMENDATIONS
As indicated herein, this request is consistent with the policies of the Comprehensive Plan that
encourage creation of housing for low-and moderate income households and thus will
contribute to the overall economic development of the City. It has also been established that
the proposed development will not create additional impacts on infrastructure that cannot be
accommodated within existing capacities. Lastly, staff concluded that the compatibility issue has
been adequately addressed through project's design which effectively mitigates potential
negative impacts on the surrounding single-family neighborhoods. The project's benefits are
significant enough to offset any remaining concerns.
Staff has examined the evidence supporting the applicant's request for waivers reducing parking
requirements and increasing the maximum building height. The Institute of Transportations
Engineers supports the assertion that fewer spaces are provided for age-restricted communities
such as the proposed project. The professional opinion of a local engineering firm supported by
statistical data also lends support to the request for a waiver, and the photographic evidence
demonstrates that parking is already significantly underutilized.
Staff also concludes that the proposed project design successfully accommodates the increased
height, mitigating negative impacts on the surrounding neighborhoods to the greatest extent
possible. Therefore, staff recommends that the waiver for the increased maximum building
height be granted. Staff is convinced that a waiver with respect to parking and maximum
building height would not compromise any of the City's life or safety standards while assisting
the developer to construct workforce housing units.
Prior to or concurrently with the processing of a site plan application, the applicant must submit
a request for a Code Review with regard to Ordinance 07-007, or, alternatively, submit a waiver
requesting relief from the "proportionality" requirements of this ordinance. The said
requirements are not met by the proposed development.
Therefore, staff recommends that the land use amendment and rezoning be approved for
transmittal to the Florida Department of Community Affairs for their review and comment.
However, following the DCA's review, final adoption of the land use amendment and rezoning
should only be approved if a site plan for the development and the Code Review amending
Ordinance 07-007, or the waiver, are approved concurrently.
S:\Planning\SHARED\WP\PROJECTS\Boynton Bay\LUAR 07-002\Staff report Boynton Bay.doc
Exhibit "A" - Site Location Map
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XII. - LEGAL
DEVELOPM ENT
ITEM A.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Offiee Meeting Dates in to City Clerk's Office
0 August 21 , 2007 August 6, 2007 (Noon,) 0 October 16, 2007 October 1, 2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7,2007 October 15,2007 (Noon)
0 September 1 8. 2007 September 3,2007 (Noon) [gJ November 20, 2007 November 5,2007 (Noon)
0 October 2, 2007 September 17,2007 (Noon) 0 December 5, 2007 November 19,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [gJ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
[gJ Public Hearing D
RECOMMENDATION: Please place this request on the November 20,2007 City Commission Agenda under
Public Hearing and Legal, Ordinance - Second Reading. On August 21, 2007, the City Commission approved this item
(including First Reading of the Ordinance) for transmittal to the Deparnnent of Community Affairs (DCA). TIns item has
been returned from DCA and is now ready for fmal ordinance processing. For further details pertaining to thi~ request, see
attached Department Memorandum No. 07- 052.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Boynton Bay (LUAR 07-002)
Weiner & Aronson, P.A.
The Hamlet, L TD
West of Federal Highway and south of Gateway Boulevard
Request to amend the Comprehensive Plan Future Land Use Map from High Density
Residential (HDR) to Special High Density Residential (SHDR); and
Request to rezone from Multi-Family Residential (R.3) to Planned Unit Development
(PUD).
Proposed Use:
Residential development consisting of 420 residential units (240 existing for. rent units,
180 new for-sale units including 45 for-sale work-force units) for an overall density of
19.93 dwelling units per acre (du/ac).
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Development Depar e
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t?- City anager's Signature
PROGRAM IMP ACT:
FISCAL IMPACT:
AL TERNATIVES:
Assistant to City Manager
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t-:V
Planning and Zoni
City Attorney / Finance
S:\PlanningISHARED\WP\j'ROJECTS\Boynton Bay\LUAR 07-002\Agenda ltem Request Boynton Bay LUAR Dec 4, 2007.doc
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ORDINANCE NO. 07- D~ (
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING THE
APPLICATION OF THE HAMLET. LTD..
AMENDING ORDINANCE 02-013 TO REZONE A
PARCEL OF LAND LOCATED AT 499 BOYNTON
BAY CIRCLE, ON THE WEST SIDE OF
NORTHEAST 4TH STREET WHICH IS WEST OF
FEDERAL HIGHWAY AND SOUTH OF
GATEWAY BOULEVARD, AS MORE FULLY
DESCRIBED HEREIN, FROM MULTI-FAMILY
RESIDENTIAL (R-3) TO PLANNED UNIT
DEVELOPMENT (PUD); PROVIDING FOR
CONFLICTS, SEVERABILITY, AND A1\
EFFECTIVE DATE.
\VHEREAS. 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, The Hamlet, LTD., owner of the property located at 499 Boynton Bay
Circle, west side of Northeast 4th Street which is west of Federal Higlwl'ay and south of
Gateway Boulevard in Boynton Beach, Florida, as more particularly described herein, has
filed a Petition, through its agent. Weiner & Aronson, P.A.. pursuant to Section 9 of
Appendix A,Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the
purpose of rezoning a parcel of land, said land being more particularly described hereinafter,
from Multi-Family Residential (R-J) to Planned Unit Development (Pl}D): and
'WHEREAS, the City Commission conducted a public hearing and heard testimony
and received evidence which the Commission finds supports a rezoning for the property
hereinafter described; and
\VHEREAS, the City Commission finds that the proposed rezoning is consistent with
S :\C/\\Ordinances,Planning,Rezoning '.Rezoning -BO\'lllon Bay,cloc
1 an amendment to the Land Use which was contemporaneously considered and approved at
2 the public hearing heretofore referenced; and
3 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
4 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
6 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing Whereas clauses are true and correct and incorporated
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herein by this reference.
Section 2.
The following described land located at 499 Boynton Bay Circle, west
side of Northeast 4th Street, which is west of Federal Highway and south of Gateway
Boulevard in Boynton Beach, Florida, as set forth as follows:
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1811 be and the same is hereby rezoned from Multi-Family Residential (R-3) to Planned Unit
19 I Development (PUD). A location map is attached hereto as Exhibit "A" and made a part of
See legal description attached hereto
Subject to easements, restrictions, reservations, covenants and
rights-of-way of record.
20 this Ordinance by reference.
21 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
22 accordingly.
23 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
24 repealed.
25 Section 5. Should any section or provision of this Ordinance or any portion thereof
26 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
S :leA 10rdinancesIPlanning\Rezoning\Rezoning -Boynton Bay.doc
1 the remainder of this Ordinance.
2 Section 6. This ordinance shall become effective immediately upon passage.
3 FIRSTREADINGthis~dayof AU.GU5T ,2007.
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SECOND, FINAL READING and PASSAGE this
day of
.2007
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CITY OF BOYNTON BEACH. FLORIDA
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201 ATTEST:
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23 Janet M. Prainito, CMC
24 City Clerk
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Mayor- Jerry Taylor
Vice Mayor ~ Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
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27 (Corporate Seal)
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1 THAT PART OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
2 BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
3 ALL THAT PART OF LOTS 20 THROUGH 26, INCLUSIVE, OF SAM BROWN JR.'S
4 HYPOLUXO SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
5 RECORDED IN PLAT BOOK 1 PAGE 81, PUBLIC RECORDS, PALM BEACH
6 COUNTY, FLORIDA, LYING WESTERLY OF THE WEST LINE OF THE EAST
7 340 FEET OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
8 BEACH COUNTY, FLORIDA.
9 LESS HOWEVER, THE SOUTH 60 FEET OF LOT 22,
10 ALSO LESS, THE FOLLOWING DESCRIBED PARCEL OF LAND;
11 FROM THE SOUTHWEST CORNER OF LOT 20 LYING IN SAID SAM BROWN
12 JR.'S HYPOLUXO SUBDIVISION RUN NORTH 2002'25" WEST ALONG THE
13 WEST LINE OF LOTS 20, 21 AND 22, A DISTANCE OF 379.12 FEET TO A
14 LINE 60 FEET NORTHERLY OF AND AS MEASURED AT RIGHT ANGLES TO,
15 THE SOUTH LINE OF SAID LOT 22; THENCE SOUTH 89056'48" EAST,
16 I ALONG SAID LINE, A DISTANCE OF 25.02 FEET TO THE POINT OF
17 BEGINNING; THENCE NORTH 2002'25" WEST, ALONG A LINE THAT LIES 25
181 FEET EASTERLY OF THE WEST LINE "OF SAID LOT 22, A DISTANCE OF
19 61.08 FEET; THENCE SOUTH 890 57'23 E" A DISTANCE OF 364.25 FEET;
20 THENCE NORTH 0002'37" EAST, A DISTANCE OF 58.89 FEET; THENCE
21 . SOUTH 89057'23" EAST, A DISTANCE OF 20.0 FEET; THENCE NORTH
22 0002'37" EAST, A DISTANCE OF 24 FEET; THENCE SOUTH 89057'23" EAST,
23 A DISTANCE 8 FEET; THENCE NORTH 0002'37" EAST, A DISTANCE OF 70.6
24 FEET; THENCE SOUTH 89057'23" EAST, A DISTANCE OF 159.6 FEET; THENCE
25 SOUTH 0002'37" WEST, A DISTANCE OF 70.6 FEET; THENCE SOUTH 89057'23"
26 EAST, A DISTANCE OF 20 FEET; THENCE SOUTH 0002'37" WEST, A
27 DISTANCE OF 29.95 FEET; THENCE DUE EAST, ALONG A LINE THAT IS 602
28 FEET SOUTHERLY OF AND AS MEASURED AT- RIGHT ANGLES TO THE
29 NORTH LINE OF LOT 26 OF SAID SAM BROWN JR.'S HYPOLUXO SUBDIVISION,
30 A DISTANCE OF 377.17 FEET TO A POINT IN A LINE THAT IS 365 FEET
31 WESTERLY OF AND PERPENDICULAR TO THE EAST LINE OF SECTION 16,
32 TOWNSHIP 45 SOUTH, RANGE 43 EAST; THENCE S.1053'20" EAST, ALONG
33 SAID LINE, A DISTANCE OF 114.06 FEET TO THE NORTH LINE OF SAID
34 SOUTH 60 FEET OF LOT 22; THENCE NORTH 89056'48" WEST ALONG SAID
35 LINE, A DISTANCE OF 950.13 FEET TO THE POINT OF BEGINNING.
36 TOGETHER WITH:
37 THE EAST 340 FEET OF THAT PART OF LOTS 20 TO 26, INCLUSIVE, OF
38 SAM BROWN JR.'S HYPOLUXO SUBDIVISION LYING IN SAID SECTION
39 16, AS RECORDED IN PLAT BOOK 1 PAGE 81, PUBLIC RECORDS OF PALM
40 BEACH COUNTY, FLORIDA, LESS THE EAST 60.0 FEET THEREOF
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 07-052
FROM:
Chair and Members
Planning & Development Board
Gabriel Wuebben ;7 ;J
Planner V)
Michael W. RumPf~
Director of Planning and Zoning
TO:
THROUGH:
DATE:
May 24, 2007
PROJECT NAME/NUMBER:
Boynton Bay/LUAR 07-002
REQUEST:
To reclassify the subject property from High Density Residential
(HDR, max. 10.8 dwelling units/acre) to Special High Density
Residential (SHDR, max. 20 dwelling units/acre) on the Future
Land Use Plan, and rezone from the Multi-family Residential (R-
3) District to Planned Unit Development (PUD).
PROJECT DESCRIPTION
Property Owner: The Hamlet, L TD
Applicant! Agent: Weiner & Aronson, P .A.
Location: 499 Boynton Bay Circle, west side of NE 4th Street (Exhibit "A'')
Parcel Size: 21.07 acres
Existing Land Use: High Density Residential
Existing Zoning: R-3 ' Multi-Family Residential
Proposed Land Use: Special High Density Residential (SHDR)
Proposed Zoning: PUD, Planned Unit Development
Proposed Use: Residential development consisting of 420 residential units (240 existing
for-rent units, 180 new for-sale units) for an overall density of 19.93
dwelling units per acre (du/ac).
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File Number: LUAR 07-002
Boynton Bay
Adjacent Uses:
North:
Property designated Low Density Residential (4.84 du/ac) and zoned R-
lA, Single Family Residential.
East:
Property designated High Density Residential (10.8 dujac) and zoned R-
3, Multi Family Residential.
Right-of-way of NE 4th Street, then property classified Special High
Density Residential (20 du/ac) and zoned PUD, Planned Unit
Development (an existing development named The Preserve).
South:
West:
Property designated Low Density Residential (4.84 dujac) and zoned R-
lA, Single Family Residential.
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment for transmittal to the Florida
Department of Community Affairs and the accompanying rezoning contingent upon the
attached conditions of approval. Staff's support is based upon the following reasons:
1. This request would be consistent with the policies of the Comprehensive Plan that
encourage creation of housing for low and moderate income households. It would create
forty-five (45) new workforce housing units and maintain two hundred forty (240)
existing workforce housing units;
2. This request would contribute to the overall economic development of the City by
reducing the critical shortage of workforce housing;
3. This request would generate tax revenue, contributing to the overall tax base of the
City;
4. This request would not create additional impacts on infrastructure that could not be
accommodated within existing capacities; and
5. The compatibility issue has been adequately addressed through project's design which
effectively mitigates potential negative impacts on the surrounding single-family
neighborhoods: the project's benefits would be significant enough to offset any
remaining concerns.
6. Staff has found the justification submitted in support of waivers with respect to parking
and maximum building height satisfactory, and therefore recommends that both waivers
be granted.
Prior to or concurrently with the processing of a site plan application, the applicant must submit
a request for a Code Review with regard to Ordinance 07-007, or, alternatively, submit a waiver
requesting relief from the "proportionality" requirements of this ordinance. The said
requirements, pertaining to the comparative characteristics of market and workforce housing
units, are not met by the proposed development.
Following the DCA's review, final adoption of the land use amendment and rezoning should only
be approved if a site plan for the development and the Code Review amending Ordinance 07-
007, or the waiver, are approved concurrently.
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File Number: LUAR 07-002
Boynton Bay
BACKGROUND
The applicant is requesting a land use amendment and rezoning in order to permit the partial
redevelopment of an existing for-rent residential development. The proposed redevelopment
would result in the construction of three (3) structures in the center of the existing
development; one (1) six-story structure and two (2) tiered structures ranging in height from
four to six stories. The existing development consists of seventeen (17) two-story apartment
buildings.
The land use amendment and rezoning application, which would result in the provision of forty,
five (45) for-sale workforce residential units, is accompanied by two requests for waivers of
development regulations. Waiver applications include a request for a reduction in the number of
required parking spaces and a request for an increase in maximum building height.
Workforce HousinQ
This is the first project proposed in accordance with the City's newly adopted workforce housing
ordinance. According to Ordinance 07-007, a developer requesting a higher density land use
and zoning category must provide workforce housing units. In this particular case, the
developer is requesting the Special High Density Residential land use designation, which
requires a set aside of twenty percent (20%) of the total number of proposed residential units
in the development for workforce housing. Twenty-five percent (25%) of these units shall be
set aside for Low Income Households, and seventy-five percent (75%) shall be set aside for
Moderate Income Households, as defined by Ordinance 07-007.
The ordinance currently mandates that the developer provide workforce housing units that
include unit types in the same proportion as the market rate units through the following
language:
i. If the Development contains a mix of different types of units, (e.g. condominium,
townhouse, detached, etc.), the proportion of workforce housing units of each type of
total workforce housing units must be approximately the same as the proportion of
market rate units of each type to total market rate units.
The first of these proportionality requirements is not applicable in this case, as all units
will be the same type.
ti'. If the Development includes both for sale and for rent units, the proportion of for rent
Workforce housing units to for sale workforce housing units must not exceed the
proportion of for rent market rate units to for sale market rate units.
The second provision creates an unforeseen conflict in the case of this proposed
development. It currently includes two hundred forty (240) workforce housing rental
units; the new development would result in forty-five (45) for-sale workforce housing
units and one hundred thirty-Ave (135) for sale market rate units. Since there are no
for-rent market units, the above "proportionality" rule is not met.
iii. The number of bedrooms per unit must be proportionate between workforce and market
rate units.
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File Number: LUAR 07-002
Boynton Bay
The third provIsion also creates conflicts with the proposed development. With all
existing units rented as workforce housing units, it would be impossible for the
developer to achieve similar proportions of unit types (i.e. number of bedrooms) in the
proposed, for-sale component.
These last two provisions of Ordinance 07-007 are likely to be an issue in all requests involving
major modifications of existing developments. In consideration of this and future applications,
the City can consider amending the regulations to permit the disruption of proportionality under
special circumstances. Alternatively, the applicant may submit a waiver application requesting
relief from the "proportionality" requirements of this ordinance.
The developer has the right to apply for waivers or reductions of development standards in
cases in which compliance with a land development standard would preclude construction of a
residential project in which workforce housing un its are included. In these cases, the applicant
is required to demonstrate that the waiver or reduction is necessary to make the workforce
housing units economically feasible and that such a waiver or reduction would not compromise
any of the City's life or safety standards. Waiver applications for this proposed development are
discussed in detail below.
The City of Boynton Beach Housing Needs Assessment (April 9! 2006) addresses the City's
shortage of affordable housing in detail! and pays concentrated attention to different sectors of
the City in particular need of relief. In the sections Affordability Gap by Owner Households and
Affordabl'lity Gap by Renter Households, the report demonstrates that the affordability gap (the
financial gap between median income and median housing costs) for the senior population is
greater than the average affordability gap city-wide. The addition of affordable units available
exclusively to senior residents should help address the shortage of affordable housing for the
population age 55 and over. The term "workforce housing" by definition does not preclude
these citizens! many of whom still are very active members of the workforce. The proposed
development would include one hundred eighty (180) more affordable! age-restricted units and
will maintain two hundred forty (240) existing affordable! age-restricted units.
PROJECT ANALYSIS
This land use amendment and rezoning pertains to a 21.07 acre parcel. Because of the size of
the property under consideration! the Florida Department of Community Affairs classifies this
amendment as a "large scale" amendment. A "large-scale" amendment is transmitted to the
Florida Department of Community Affairs for their review and comment prior to adoption.
Adoption must take place before the end of the 2007 calendar year and is tentatively scheduled
for late November or early December of this year.
MASTER PLAN ANALYSIS
According to the Land Development Regulations, all development and redevelopment requiring
a master plan must include the concurrent processing of the master plan with the application
for a land use amendment and rezoning. A conceptual master plan was submitted with the
original application, which is provided as Exhibit "s" and described below.
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File Number: LUAR 07-002
Boynton Bay
The conceptual master plan calls for the construction of three structures in the center of the
existing Boynton Bay residential development. The existing two,story apartment buildings at
the periphery of the property would remain primarily unchanged, with minor interior upgrades
and few exterior alterations to be requested under separate applications for minor site plan
modification and permit approval. The current circulation system would remain as-is. The
construction of the new residential structures would result in the loss of the majority of current
open space; the development would lose a tennis court, basketball court, large swaths of
greenspace, and miscellaneous recreational amenities. In their place, the developer proposes
to compensate with alternative facilities, including the addition of a second swimming pool, a
landscaped water-body and other landscaping details, as well as miscellaneous passive
amenities such as a beauty salon/barber shop, a general store/deli, a rooftop restaurant with
ocean views, a clubhouse, and a therapy room. The perimeter of the existing open space
would be fitted with parking spaces to accommodate the additional units as well as two drop-
off/pick-up points.
Waivers
As indicated above, the developer is entitled to apply for waivers, or reductions of development
standards in cases in which compliance with a land development standard would preclude
construction of a residential project in which workforce housing units are included. In these
cases, the applicant is required to demonstrate that the waiver or reduction is necessary to
make the workforce housing units economically feasible and that such a waiver or reduction
would not compromise any of the City's life or safety standards. In this proposed development,
the application for a land use amendment and rezoning hinges upon the City's Workforce
Housing ordinance. The developer has applied for two waivers, and has made a case that the
project can not be completed without the granting of both. The two waiver requests are
described as follows:
1. Parking - The addition of one hundred eighty (180) new units would create the need
for a substantial increase in parking pursuant to Chapter 2, Section 11(H)(16)(a) of the
Land Development regulations. The existing development consists of 240 residential
units, which require a total of four hundred ninety-three (493) parking spaces. Five
hundred thirty-four (534) parking spaces are currently provided on-site, providing a
surplus of forty-one (41) spaces. Based upon the proposed plans for the site, an
additional two hundred seventy-two (272) parking spaces would be needed to
accommodate the additional residential units. The developer proposes to provide one
hundred sixty-three (163) additional spaces, resulting in a project-wide shortage of
sixty-eight (68) spaces.
The developer has applied for a waiver to accommodate the reduction in the number of
required parking spaces associated with the additional units. The applicant contends the
City's parking regulations do not provide for reduced parking requirements for age,
restricted communities despite evidence that senior residents utilize fewer cars than
non,senior residents. Of the two hundred forty (240) existing units, the applicant has
indicated that only one hundred ninety-five (195) currently have a vehicle registered.
Currently, 75% of the affordable rental units are set aside for seniors aged 55 and older.
A high percentage of these apartments are occupied by a single adult, many of which
have either one or no car. The applicant states that transportation in the form of a
shuttle and meal services are provided by the Mae Volen Senior Center, which escorts
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File Number: LUAR 07-002
Boynton Bay
residents of Boynton Bay to various locations throughout south Palm beach County by
appointment. In addition, many of the residents use the public bus system and the
trolley service that stops directly in front of Boynton Bay on NE 4th Street. The applicant
also provided photographic evidence of the surplus of parking onsite. The photos, taken
at three different times of day over the course of three different days, do clearly indicate
that on-site parking is greatly underutilized. The applicant also provided extensive
written evidence supporting the request for reduced parking requirements. The
Institute of Transportations Engineers Parking Generation Manual 3rd Edition
demonstrates that the peak parking demand at Senior/Adult Housing on a weekday is
approximately one (1) parked vehicle per dwelling unit less than standard
residential/townhouse parking demand. The Institute of Transportation Engineers Trip
Generation Manual 7th Edition further supports this position with evidence of fewer trip
generations per dwelling unit at adult housing facilities. Finally, the applicant has
supplied a letter from traffic engineer Simmons & White, Inc. supporting the waiver
request and demonstrating that the waiver will not negatively impact the City's life or
safety standards.
The applicant has submitted a declaration of restrictive covenant in order to secure the
continuation of the development's age-restrictive status. This should assure that the
development of the property will not cause parking congestion, and that any future
development of the property, particularly that which may remove elderly housing
requirements, would result in mandatory Commission review. The declaration will be
recorded in the Public records of Palm Beach County and will run with the property.
Staff has examined the evidence supporting the applicant's request for - a waiver
reducing parking requirements. The Institute of Transportations Engineers supports the
assertion that fewer spaces are provided for age-restricted communities such as this.
The professional opinion of a local engineering firm supported by statistical data also
lends great support to the request for a waiver, and the photographic evidence
demonstrates that parking is already greatly underutilized. Staff is convinced that a
waiver would not compromise any of the City's life or safety standards while assisting
the developer construct workforce housing units, and therefore supports granting the
waiver of parking requirements.
2. Height - The developer has also requested a waiver to increase the maximum structure
height from 45 feet to 63 feet - 3 inches. The applicant is requesting an increase in
maximum height in order to construct at six (6) stories, stating that this increase is
critical to the economic feasibility of the proposed redevelopment in order to (a.) help
preseNe existing affordable senior rental housing, (b.) counter land costs, and (c.)
accommodate the cost to develop well-conceived community facilities that will attract
active senior home-buyers.
o The applicant states that a capital influx is necessary to counter the expiration of
tax credits established over fifteen (15) years ago. These credits required the
developer to maintain housing at affordable levels for seniors over age fifty-five
(55) with income below sixty percent (60%) of the area median income. With
the expiration of these credits in December of 2006, there is no longer a source
of capital available to maintain the property at its current affordability. The
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File Number: LUAR 07-002
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proposed development will allow the applicant to redevelop the property through
an extensive capital improvement plan.
o The applicant met with the Florida Housing Finance Corporation regarding the
release of the collateral of the 2 acres from the mortgage on the rental
community. The Florida Housing Finance Corporation stated that as a lender on
the property they require the applicant to pay down existing loans in an amount
equal to the appraised value for the land/collateral that will be released from the
note plus the value of any required easements. The applicant is in the process
of obtaining an appraisal, and estimates that value will be approximately $2
million. The applicant states that the increase in land costs over recent years
has led to difficulty in accomplishing the proposed development as it currently
stands. The increased height will allow the cost of land to be distributed over a
greater number of units, generating an economically feasible land basis for the
overall development.
o The applicant states that a lower maximum height would require either the
demolition of existing rental units and/or a reduction in the quality of the
proposed development to a point that would render the project unfeasible due to
lack of interest in an uncompetitive product.
Staff has considered the applicant's request for a waiver to increase maximum building
height from forty-five feet (45') to sixty-three feet three inches (63' 3''). The project pro
forma submitted with the application for the waiver demonstrates the financial
infeasibility of the project when producing fewer than the proposed one hundred eighty
(180) for sale units. The developer has worked with staff to attempt to mitigate the
difference in the proposed heights and those of surrounding buildings. The original
plans called for the two larger structures to the west (those closest to the abutting
single-family residential neighborhood) to provide consistent massing from the first
through sixth floors, with twelve (12) units per floor throughout the structures. In order
to soften the change in maximum height between the proposed structure and
neighboring residential, the developer has altered the design of the structures to create
a layered, ascending silhouette. In this altered plan, the single-family neighborhood
would abut the existing two-story apartment structures which form the periphery of the
development, which would then abut the first tier of the proposed structure at four
stories (the currently approved maximum structure height). The first four stories would
provide twelve units per floor. The structure would climb to five stories, at eight units
per floor, before culminating in a pinnacle at six-stories, where six units would top the
structures (see exhibit B).
The applicant has also positioned the proposed structures so as to distance them as
greatly as possible from the adjacent single-family homes. To the west, single'farnily
subdivisions abut the development's existing two story apartment buildings. The
proposed buildings are to be located eastward across an interior street from the single-
family homes, over one hundred fifty-six feet (156') from the property line. The
buildings would also be over one hundred seventy-six feet (176') from the abutting
properties to the south and over two hundred fifty-nine feet (259') from abutting
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properties to the north. The property line to the east would be over four hundred eighty
feet (480') to the east of the easternmost building.
The applicant has demonstrated that providing workforce housing units within the
current maximum building height of forty-five feet (45') is financially unfeasible. The
applicant has worked with staff to mitigate the potentially negative impacts of the
proposed development, and the proposed re-design has successfully accomplished this.
Therefore, staff recommends that the waiver for an increased maximum structure height
be granted.
Pro forma
As indicated above, in applying for waivers the developer is required to demonstrate that the
waiver, or reduction of development standards is necessary to make the workforce housing
units economically feasible and that such a waiver or reduction would not compromise any of
the City's life or safety standards. The applicant submitted one project pro forma assuming a
maximum building height of three stories and resulting in a net loss of over $900,000. The
applicant submitted a second project pro forma which assumes a maximum building height of
six (6) stories and one hundred eighty (180) for sale units, resulting is a net profit of
approximately $4,000,000. The applicant has stated that the second scenario providing a
maximum building height of six (6) stories within selected sections of the proposed
development provides the minimum number of units and thus the minimum profit at which the
developer considers the project feasible.
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
policies including but not limited to/ a prohibition against any increase in dwelling unit
density exceeding 50 in the hurricane evacuation zone without written approval of the Palm
Beach County Emergency Planning Division and the City's risk manager. The planning
department shall also recommend limitations or requirements/ which would have to be
imposed on subsequent development of the prope~ in order to comply with policies
contained in the comprehensive plan.
The property is not located in the hurricane evacuation zone. Therefore, this section of the
criterion is not applicable.
Staff has considered the application for a change in land use and rezoning in light of the
Comprehensive Plan. The project is clearly consistent with several of the City's policies,
while a number of others raise issues that need to be addressed.
The proposed development is consistent with the following City objectives and policies as
established in the Comprehensive Plan:
Page 9
File Number: LUAR 07-002
Boynton Bay
. Objective 1.13 (Future Land Use Element) Discourage urban sprawl by creating a
compact urban area within the City and the City's utility service areas.
The proposed development would result in intensifying density within an established
residential area, within an area already serviced by established City utilities and other
infrastructure.
. Policy 1.16.1 (Future Land Use Element) The City shall continue to adopt and/or revise
regulations to continue to enforce zoning regulations I which unless provisions are made
for otherwise in the Problems and Opportunities section of this elemen0 shall
correspond to the Future Land Use Plan in accordance with the following descriptions of
land use categories...
Special High Density Residential: This land use category... may be applied in
other areas of the City when ut!lized in conjunction with the provision of
affordable housing. The uses allowed in this land use category shall be limited
tal but shall not necessarily includel the following: Residential uses with a gross
density of not more than 20.0 dwell/f7g units per acre...
In December of 2006 the City adopted the Comprehensive Plan text amendment,
removing the restriction that limited the application of the Special High Density
Residential Use Category to specific areas east of 1-95. Permitting this land use
designation with the residential density of 20 units per acre throughout the City for
developments providing affordable housing is intended to be a powerful policy tool for
the promotion of affordable housing. The subject request is the first one to take
advantage of this amendment and it is fully consistent with its intent.
. Policy 1.19.1 (Future Land Use Element) The City shall continue efforts to encourage a
full range of housing choicesl by allowing densities which can accommodate the
approximate number and type of dwellings for which the demand has been projected in
the Housing and Future Land Use Elementsl including the provision of adequate sites for
housing very-Io~ lOW-I and moderate income households and for mobile homes.
The Housing Needs Assessment indicates that the City is in need of affordable housing,
and the redevelopment would provide a range of for-rent and for-sale housing types, for
potential residents. With the implementation of workforce housing regulations, the
proposed development will further address the policy's call for the provision of housing
affordable to low well as moderate-income households.
. Policy 6.1.1 (Housing Element) The City shall provide informationl technical assistancel
and explore pOSSible incentives with the private sector to maintain a housing production
capacity sufficient to meet the community needs. Possible incentives could include
assistance in land assemblYt below market rate financingl allowances to bUild on
nonconforming lotsl and density increases.
The proposed development provides an opportunity for the City to assist the private
sector in maintaining housing production consistent with the City's needs.
Page 10
File Number: LUAR 07-002
Boynton Bay
The characteristics of the proposed development raise issues with regard to the following
City objectives and policies as established in the Comprehensive Plan:
. Objective 1.15 (Future Land use Element) The City shall encourage planned
development projects which are sensitive to characteristics of the site and to
surrounding land uses, and mixed-use projects in locations which are appropriate, and
utJ'lize other innovative methods of regulating land development.
. Policy 1.17.5 (Future Land use Element) The City shall continue to maintain and improve
the character of existing single-family and lower-density neighborhoods, by preventing
conversions to higher densities, except when consistent with adjacent land uses, or with
implementing redevelopment plans including the Boynton Beach 20/20 Redevelopment
Master Plan.
The proposed development would create structures reaching six stories in the midst of
an otherwise relatively low-rise residential community which currently consists almost
exclusively of one and two-story residential structures - the only three-story buildings
are town homes of the development named The Preserve, located east of the subject
property, across the right-of-way of NE 4th Street. The structures would create a major
shift in the existing community elevations, and surrounding single-family residential
developments may be negatively impacted by the change. The applicant has requested
a waiver of maximum height requirements to permit a maximum height of sixty-three
feet three inches (63' 3") where current regulations permit up to forty-five feet (45').
Further, the proposed change in land use would increase density from the existing 10.8
dulac to a maximum of 20 dulac, and contrast the density of 4.84 dulac allowed in the
adjacent single-family neighborhoods.
The applicant has mitigated the effect of the height difference by:
o locating the proposed structures at the very center of the existing development;
o creating ascending tiers within each of the two most eastward buildings: the
existing two-story buildings would abut four-story units, which climb to five
stories before providing six residential units at six stories. This layered effect
helps soften the discrepancy between the surrounding homes, while still
providing the applicant the units necessary to make the proposed development
economically feasible;
o positioning the proposed buildings to maximize distances to adjacent single-
family neighborhoods: to the west, neighboring single-family residential abuts
the development's existing two-story apartment structures. The proposed
structures would be located eastward across an interior street from the single-
family properties, over one hundred fifty-six feet (156') from the property line.
The structures would also be over two hundred seventy-six feet (276') from the
abutting properties to the south and over two hundred fifty-nine feet (259')
from abutting properties to the north. The property line to the east would be
over four hundred eighty feet (480') to the east of the easternmost structure.
Page 11
File Number: LUAR 07-002
Boynton Bay
Staff concludes that this design adequately mitigates negative impacts on the surrounding
single-family neighborhoods.
The proposed development of the site calls for nearly twofold increase in density. Ordinarily,
a density of 20 units per acre may be considered incompatible with existing single-family
residential land uses. However, the City's growth, coupled with increasing land cost, will
continue to raise the average density in areas east of I'95. The increased densities will call
for new and innovative design characteristics of new projects, allowing for a more
successful mitigation of land use conflicts and smoother transition between low-and higher
density developments. This is especially the case for projects with workforce housing
component; given the well-documented need, more will eventually request higher density
and attempt to develop or redevelop sites that would require very creative design to
mitigate negative impacts.
The unique site characteristics of the proposed development allows for such a design, which
successfully accommodates the higher density and increased height, mitigating negative
impacts on the surrounding neighborhoods to the greatest extent possible. The new
structures would be located at a significant distance from existing residential neighborhoods
at the very center of the community, and the structures themselves have been designed to
rise from the outside in, providing a gradual increase in height from the development's
periphery to the maximum height.
There should be no significant change in local traffic patterns as a result of the proposed
development. The impact would be limited to NE 4th Street, but as per the review of the
City Engineer, local streets will operate at acceptable levels of service. Since all new units
will be age'restricted, lower trip generation is expected.
The main benefit to the City is the creation of forty-five (45) for-sale workforce housing
units and the maintaining of two hundred forty (240) rental workforce housing units. Staff
concludes that the mitigation of the project's potential negative impacts is effective enough
for its benefits to offset any remaining concerns.
b. Whether the proposed rezoning would be contrary to the established land use patternr or
would create an isolated district unrelated to adjacent and nearby districtsr or would
constitute a grant of special privilege to an indiVidual property owner as contrasted with the
protection of the public welfare.
The applicant has responded to this criterion by stating that "The proposed land use
amendment/rezoning would not create an isolated district and would relate to other
properties in the area that are currently or will be part of the revitalization of the area", The
applicant states that the proposed land use amendment/rezoning will not be contrary to the
established land use pattern. As discussed in the section above, staff recognizes that the
increase in density from 10.8 to 20 units per acre creates potential negative impact on
surrounding neighborhoods, especially on the low-density neighborhoods to the north and
west of the subject property. However, proposed project design includes a number of
features mitigating this impact. The tallest structure area will be directly east of the
development, across NE 4th Street, where a "nearby district" - a new residential
Page 12
File Number: LUAR 07-002
Boynton Bay
development named The Preserve - has similar Special High Density Residential land use
designation and structures reaching three stories. Thus, the proposed land use amendment
and rezoning would be a continuation of the Special High Density Residential land use
designation of The Preserve. This proposed development may foreshadow future
development which will likely reach similar densities and heights, especially in light of
increasing costs and the significant scarcity of land in the surrounding area.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The proposed project addresses one of the City's major concerns in assuaging the current
affordable housing crisis. The workforce housing shortage has been recognized as a "Major
Issue" for the City in the 2006 Evaluation and Appraisal Report of the Comprehensive Plan.
Although not a completely new development with a workforce housing component, the
project would create forty-five for sale workforce housing units and maintain two hundred
forty (240) rental workforce housing units as defined in Ordinance 07-007.
d. Whether the proposed use would be compatible with utIlity systems, roadways, and other
public facilities.
The proposed mixed-use development is compatible with utility systems, roadways, and
other public facilities. This conclusion is based on the following analyses:
Potable Water and Sewer
Demands for water and sewer capacity will increase due to the addition of 180 residential
units onto the site. Total project demand for potable water is estimated to increase to
105,000 gallons per day (currently 60,000 gallons per day); demand for sewer capacity is
estimated to increase to 84,000 gallons per day (currently 48,000 gallons per day). The
applicant states that no water system improvements would be necessary to accommodate
the additional water flows. Also, the applicant states that after discussions with City staff,
preliminary evidence indicates that the existing sewage collection system is adequate to
accommodate the additional sewage flows.
The following is the information regarding the city's water and sewer capacity:
Water Plant capacity
Committed or allocated capacity*
SFWMD permitted withdrawals
Contracted amount to purchase from County
Wellfjelds' permitted capacity
Wellfjelds' committed capacity
Wellfjeld's remaining capacity
Expiration date of water use permit
34 MGD peak daily flow
24.05 MGD peak daily flow
21.5 MGD annual average daily flow
5 MGD peak daily flow
21.5 MGD annual average daily flow
16.5 MGD annual average daily flow
5 MGD annual average daily flow
August 14, 2010
Sewer Plant capacity
Committed or allocated capacity* 19 MGD annual average daily flow
* Committed and allocated capacity includes current flows and future flows committed for projects that have been approved
but not yet completed
Page 13
File Number: LUAR 07-002
Boynton Bay
There are modifications but no expansions planned for either Water or Sewer plant. The
City will file application for Wellfield permit withdrawal increase to 24 MGD from the surficial
aquifer and 8 MGD from the Floridan aquifer.
Traffic
Palm Beach County traffic analysis projects the creation of 1,358 additional daily trips. As
the Palm Beach County Traffic Division promotes residential developments within the
designated "Coastal Residential Exception Areas", and because of the residential nature of
the proposed development, the County has indicated that it will not object to the proposed
land use development. Locally, City staff has carefully reviewed traffic impacts from this
project with particular emphasis placed on local City roads and concluded that all local
streets will operate at acceptable levels of service. Both the City and County staff paid
careful attention to Gateway Boulevard, which is expected to comply with County and City
standards related to traffic impact.
Schools
The project has received approval from the Palm Beach County School District regarding
school concurrency. The determination is valid for one (1) year from the date of issuance
(April 24, 2007). Once a development order has been issued for the project, the
concurrency determination wiii be valid for the lifetime of the Development Order.
Solid waste
The Palm Beach County Solid Waste Authority has determined that sufficient disposal
capacity exists through approximately 2021.
Drainaqe
Drainage will be reviewed in detail as part of site plan review, 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 I or would affect the property values of adjacent or nearby
properties.
The compatibility issues and impact mitigation measures utilized in the project's design
have been reviewed in sections above. The proposed land use amendment/rezoning would
be compatible with the Future Land Use of The PreseCi/e project located east of the subject
property. The proposed development may foreshadow future development which will reach
similar densities and heights, especially in light of increasing costs and the significant
scarcity of land in the surrounding area.
The proposed development is likely to have a positive effect on the property values of
adjacent and nearby properties. It will improve the overall aesthetic quality of the
neighborhood, while seCi/ing several beneficial roles in the City in general. The successful
development as proposed would provide a good example of the implementation of the
City's new Workforce Housing Ordinance, and may encourage other developers to
undertake similar developments, increasing the City's supply of affordable housing units.
The proposed development may also serve as a catalyst for more redevelopment efforts in
the area, improving an ageing housing stock.
Page 14
File Number: LUAR 07-002
Boynton Bay
f. Whether the property is physically and economically developable under the existing zoning.
The applicant responds to this criterion by stating that the SHDR land use and PUD zoning
designation would economically and physically permit the property to be developed.
However, no consideration is given to the question of existing land use and zoning. The
applicant suggests and supports through the provided pro forma that the redevelopment is
economically unfeasible without the increased density and building height.
The primary constraints for the proposed development are maximum densities and height
of the R-3 Zoning district. R-3 permits maximum density of 10.8 dulac, nearly one-half
what the developer claims necessary to make the project economically feasible. The
proposed project appears to achieve financial feasibility only at densities approaching 20
du/ac.
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 applicant states that the proposed land use amendment/rezoning is of a beneficial
scale to the neighborhood and City as a whole. Staff, however, fully acknowledges the
compatibility issues stemming from the project's significant increase in density and height.
Staff also recognizes that the mitigation measures employed in the project design address
these issues to an extent possible, and the benefits of the project are thus likely to
outweigh its remaining negative impacts.
In terms of benefits to the neighborhood, the project will improve its overall aesthetic
quality and will probably have a positive effect on the property values of adjacent and
nearby properties. As noted before, the proposed development may also serve as a catalyst
for more redevelopment efforts in the area, improving an ageing housing stock.
The project's main benefit for the City is the expansion of the inventory of workforce
housing. The successful development as proposed would provide a good example of the
implementation of the City's new Workforce Housing Ordinance, and may encourage other
developers to undertake similar developments, further increasing the City's supply of
affordable housing units. Lastly, it increases the City's tax base.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts
where such use is already allowed.
The City's vacant land inventory is very low. The 2006 analysis shows five (5) vacant
residential parcels of 2 or more acres. However, the main issue is the expansion of the
City's affordable workforce housing stock. The workforce housing shortage is severe, and it
is likely to remain so even as the current residential real estate slump puts a downward
pressure on prices. The workforce housing ordinance established requirements which
should begin to add units to the workforce housing stock to ease the shortage. Projects
that produce such units need to be promoted, assuming that compatibility issues are
adequately resolved. The scarcity of vacant land as well as density requirements imply that
a great majority of workforce housing units will be built in redevelopment projects.
Page 15
File Number: LUAR 07-002
Boynton Bay
CONCLUSIONS! RECOM M ENDA TIONS
As indicated herein, this request is consistent with the policies of the Comprehensive Plan that
encourage creation of housing for low-and moderate income households and thus wilt
contribute to the overall economic development of the City. It has also been established that
the proposed development will not create additional impacts on infrastructure that cannot be
accommodated within existing capacities. Lastly, staff concluded that the compatibility issue has
been adequately addressed through projecfs design which effectively mitigates potential
negative impacts on the surrounding single-family neighborhoods. The project's benefits are
significant enough to offset any remaining concerns.
Staff has examined the evidence supporting the applicant's request for waivers reducing parking
requirements and increasing the maximum building height. The Institute of Transportations
Engineers supports the assertion that fewer spaces are provided for age-restricted communities
such as the proposed project. The professional opinion of a local engineering Arm supported by
statistical data also lends support to the request for a waiver, and the photographic evidence
demonstrates that parking is already significantly underutilized.
Staff also concludes that the proposed project design successfully accommodates the increased
height, mitigating negative impacts on the surrounding neighborhoods to the greatest extent
possible. Therefore, staff recommends that the waiver for the increased maximum building
height be granted. Staff is convinced that a waiver with respect to parking and maximum
building height would not compromise any of the City's life or safety standards while assisting
the developer to construct workforce housing units.
Prior to or concurrently with the processing of a site plan application, the applicant must submit
a request for a Code Review with regard to Ordinance 07-007, or, alternatively, submit a waiver
requesting relief from the "proportionality" requirements of this ordinance. The said
requirements are not met by the proposed development.
Therefore, staff recommends that the land use amendment and rezoning be approved for
transmittal to the Florida Department of Community Affairs for their review and comment.
However, following the DCA's review, final adoption of the land use amendment and rezoning
should only be approved if a site plan for the development and the Code Review amending
Ordinance 07-007, or the waiver, are approved concurrently.
S:\Planning\SHARED\WP\PROJECfS\Boynton Bay\LUAR 07.002\Staff report Boynton Bay.doc
Exhibit "A" - Site Location Map
Boynton Bay
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EXHIBIT "B"
CONCEPTUAL SITE PLAN
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EXHIBIT "B"
Proposed Building Location
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EXHIBIT "B"
Proposed Building Massing
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\'l
XII. - LEGAL
DEVELOPMENT
ITEM A.3
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 2 I, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October I, 2007 (Noon
0 September 4, 2007 August 20,2007 (Noon) 0 November 14,2007 October 15,2007 (Noon)
0 September 18,2007 September 3, 2007 (Noon) ~ November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September 17,2007 (Noon) 0 December 3, 2007 November 19,2007 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda ~ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this request on the November 20,2007 City Commission Agenda under
Legal, Ordinance - Second Reading, to be tabled to the December 3,2007 meeting to allow for proper advertising of the
ordinance title. The City Commission, on November 13,2007, approved the subject request under Public Hearing and
Legal, Ordinance - First Reading. For further details pertaining to this request, see attached Department Memorandum No.
07-110,
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
National Transmissions, Inc. (LUAR 07-004)
Carl A. Cascio, P,A.
Michael and Julia C. Dechants
502 NE 3rd Street
Request to amend the Comprehensive Plan Future Land Use Map from General
Commercial (GC) to Industrial (1).
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
City Manager's Signature
Assistant to City Manager
/" .'
>/ /' /-:7
____ ,C-/ /
Planning an Zoni " irector City Attorney / Finance
S:\Planning\SHARED\WP\PROJEC S\National Transmissions\Agenda Item Request National Transmission LUAR 07-004 amend 11-20-07.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 07- 035
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 MICHAEL AND JULIA C. DECHANTS
8 AND LOCATED AT 502 NORTHEAST 3RD STREET;
9 CHANGING THE LAND USE DESIGNATION FROM
10 GENERAL COMMERCIAL (GC) TO INDUSTRIAL (I);
11 PROVIDING FOR CONFLICTS, SEVERABILITY, AND
12 AN EFFECTIVE DATE.
13
14 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
1511 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
1611 pursuant to Ordinance No. 89-38 and in accordance with the Local Govel11ment
"
1 7/ Comprehensive Plmming Act; and
181, WHEREAS, the procedure for amendment of a Future Land Use Element of a
19 'I Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
II
20 II WHEREAS, after two (2) public hearings the City Commission acting in its dual
I
21 capacity as Local Planning Agency and City Commission finds that the amendment
22 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
23 the best interest of the inhabitants of said City to amend the aforesaid Element of the
24 Comprehensive Plan as provided.
25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
26 CITY OF BOYNTON BEACH, FLORIDA, THAT:
27 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
28 herein by this reference.
29
Section 2:
Ordinance No, 89-38 of the City is hereby amended to reflect the
S:\CA\Ordinances\PIanning\Land UselNational Transmissions.doc
1
1 following:
2 That the Future Land Use of the following described land located at 502 N.E. 3rd
3 Street; changing the land use designation from General Commercial (GC) to Industrial (I).
4 Lot 49, of ARDEN PARK, according to the Plat thereof, as recorded
5 in Plat Book 2, Page 96, of the Public Records of Palm Beach
6 County, Florida.
7
8 Subject to easements, restrictions, reservations, covenants and
9 rights of way of record.
10
11 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
12 Future Land Use Plan shall be amended accordingly.
13 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
14 Section 5: Should any section or provision of this Ordinance or any portion thereofbe
15 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
16 remainder of this Ordinance.
1 7 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
18 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
19 Land Development Regulation Act. No party shall be vested of any right by virtue of the
20 adoption ofthis Ordinance until all statutory required review is complete and all legal challenges,
21 including appeals, are exhausted. In the event that the effective date is established by state law or
22 special act, the provisions of state act shall control.
S :\CA \OrdinancesIPlanning\Land Use\National Transmissions.doc
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2911
II
1
FIRST READING this ~ day of Novem k, 2007.
2
SECOND, FINAL READING and PASSAGE this _ day of
.2007.
3
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
Janet M. Prainito. CMC
City Clerk
(Corporate Seal)
"
I
S:'CA\Ordinances\PIanning\Land Use\National Transmissions.doc
3
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 07-110
Chairman and Members
Community Redevelopment Agency Board and City Commission
Gabriel Wuebben It ~ !
Planner L!\ I'L/
Michael W. Rumpf Wi'
Director of Planning and Zoning
September 26, 2007
National Transmission/LUAR 07-004
To reclassify the property from General Commercial (GC) to
Industrial (I) and rezone from C-4 General Commercial to M-l
Industrial
Property Owner:
Applicant/Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Adjacent Uses and Zoning:
North:
South:
PROJECT DESCRIPTION
Michael and Julia Dechants
National transmission, Inc';Carl A. Cascio, P. A.
502 N.E. 3rd Street (Exhibit "A")
General Commercial (GC)
C-4 General Commercial
Industrial (I)
M-l Industrial
Automotive transmission repair
Auto-related use, designated General Commercial (GC) and zoned
C-4 General Commercial
Right-of-way of N.E. 4th Avenue, then developed office-warehouse
facility designated General Commercial (GC) and zoned C-4
General Commercial
Page 2
File Number: LUAR 07,004
National Transmission, Inc.
East:
Improved alleyway, then developed office'warehouse facility,
designated Industrial (1) and zoned M,l Industrial.
West:
Right-of'way of N.E. 3rd Street, then developed commercial facility
designated General Commercial (GC) and zoned C-4 General
Commercial
PROJECT ANALYSIS
The parcels, which are the subject of this land use amendment, total 0.16 acres (7,000 square
feet). Because of the size of the property under consideration, the Florida Department of
Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale"
amendment is adopted prior to forwarding to the Florida Department of Community Affairs and
is not reviewed for compliance with the state, regional and local comprehensive plans prior to
adoption.
The 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 policies including but not limited to/ a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the Citys risk
manager. The planning department shall also recommend limitations or
requirements/ which would have to be imposed on subsequent development of the
prope~ in order to comply with policies contained in the comprehensive plan.
Policy 1.19.4 of the Land Use Element reads:
\I The City shall continue to encourage and enforce the development of industrial land as
industrial parks or concentrated industrial areas in order to maximize the linkage
between complementary industries."
The area adjacent to the subject parcel contains a variety of auto-related businesses. The
requested land use amendment and rezoning will allow a long-time business to gain conforming
status proximate to other existing auto-related uses, thus providing greater opportunities for
linkages.
Policy 1.9.5 of the Land Use Element reads (in part):
\I The City, by 2002/ shall conduct studies and/or prepare redevelopment plans for areas
designated by the Primary Target Areas Overlay. The plans shall, in part implement or
Page 3
File Number: LUAR 07-004
National Transmission, Inc.
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 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 Heart of Bovnton Communitv Redevelooment Plan, as adopted on December 4, 2001, is an
implementation measure of the cited policy. The "Proposed Land Use Map" for the
redevelopment plan proposes that the land area in the "Arden Park" neighborhood currently
designated "Industrial" should be extended westward to include the property on the east side of
N.E. 3rd Street (see Exhibit "A"). This extension of the industrial-designated land would include
the subject property, furthering the vision for this area.
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 privt'lege to an indivtdual property
owner as contrasted with the protection of the public welfare.
The requested rezoning would not create an isolated district, but would relate to the adjacent
land use designations to the east and to the existing uses in the area generally surrounding the
subject property. Other similar requests of the nature have been approved in the immediate
vicinity. Examples include Beck's Towing (at 410 N.E. 5th Avenue) and Florida Collision Center
(902 NE 3rd Street). The proposed change is consistent with recommendations of the Heart of
Bovnton Community Redevelooment Plan.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The adoption of the Heart of Bovnton Communitv Redevelooment Plan, in 2001, and the
recommendations of that plan make the proposed rezoning desirable as a step toward
implementation of the plan.
d. Whether the proposed use would be compatible with utility systems~ roadways~ and
other public fact'lities.
Properties less than one acre in size are not required to prepare comparisons of water and
wastewater demands. Since no additional development is proposed at this time on the subject
property, no changes are anticipated in the demands on either water or wastewater. Neither are
there any anticipated increases in traffic impacts. With respect to solid waste, in a letter dated
December 18, 2001 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. Lastly, drainage will also be reviewed, and must satisfy all requirements of the city and
local drainage permitting authorities.
Page 4
File Number: LUAR 07-004
National Transmission, Inc.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
As stated above under "Project Description", the existing uses surrounding the subject site are
intense commercial and industrial uses. The proposed land use amendment and rezoning
would generally be compatible with existing uses of adjacent properties.
f. Whether the property is physically and economically developable under the existing
zoning.
The property is currently developed and used as the site of an auto repair business, a permitted
use under the existing C-4 zoning. The property is physically and economically developable for
other intensive commercial uses permitted within that zoning district.
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.
Criteria for evaluating the benefits of the proposed development to the needs of the
neighborhood and the City include service demands, intensity, use, value and consistency with
Comprehensive Plan policies. As indicated above, impacts of the proposed project on the
service delivery and transportation systems will be negligible. It is consistent with the cited
Comprehensive Plan policies.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
The amount of land designated for industrial uses is very limited, particularly in the part of the
City east of 1-95, so there are limited opportunities for auto-related businesses. This location is
convenient to the downtown as well as to other ancillary auto-related uses that serve the
residents of the City. The request to convert to industrially-zoned land is particularly ideal in
light of the rezonings that started in 2000 with an approval of a residential development in the
Quantum Industrial Park. Since then, some 135 acres have lost their industrial designation, not
including Quantum, which retained the designation although a large percentage of its acreage
has been converted to uses other than industrial.
The loss of industrial land has occurred simultaneously within unincorporated Palm Beach and
most of its other municipalities. This trend's negative impact on the local economies in terms of
future jobs, availability of services and tax bases has been recognized by the county's
Intergovernmental Plan Amendment Review Committee (IPARC). The City should preserve and
expand industrial land when appropriate in order to enhance economic viability.
CONCLUSIONS! RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will
not create additional impacts on infrastructure that have not been anticipated in the
Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the
Page 5
File Number: LUAR 07-004
National Transmission, Inc.
overall economic development of the City. Therefore, staff recommends that the subject
request be approved.
ATTACHMENTS
5: \ Planning \5 HARED\ WP\PROJECf5\National T ransm,sslons \ST AFF RE PORT .doc
Exhibit A - Site Location Map
National Transmissions, Inc. - LUAR 07-004
NE 6TH A\
BOYNTON BEACH BLVD
1 00 50 0
~-
100 200 300 400
I' I Feet
~
:I:
....J
~
W
C
W
U.
Z
N
W4tE
S
Exhibit B - Neighboring LUAR Requests
210 105 0
~
N
w4tE
S
210
,
420
II
630
I
840
I Feet
EXHBIT C
LEGAL DESCRIPTION:
Lot 49, of ARDEN PARK, according to the Plat thereof, as recorded in Plat Book
2, Page 96, of the Public Records of Palm Beach County, Florida
COMPUTATION OF ACREAGE:
Square Footage = 7584.09
Acreage = 43650 + 7584.09 = 5.74
STATEMENT TUSTIFYING THE ZONING REDUEST:
The proposed land use amendments/rezoning requested is consistent with the heart of
Boynton Beach Community Development Plan. The size of the property is conforming to the
proposed use and zoning guidelines. The applicant currently operates an auto transmission business,
which is an acceptable use under both the current and proposed land use designation. The area
where the subject property is located lies with C-4 zoning which is contiguous with other lands that
have been proposed to be part of the new M 1 zoning area within the heart of Boynton Beach
Community Redevelopment Plan so the proposed land use and rezoning would result in a compatible
land use, which would further enhance the property values of the adjacent properties.
::xhihit "A" to Application fur Land Use Amendmenr/Rewmng
Nation;)! lran.':ilni.sslOl1. Inc.
Lot 49. ARDEN PARK
\\Cascio-server\my documenrs\CUENTS\REAL\DeChanrs. Michael & Julia Rezonmg\Applicatiun attachment. wpd
XII. - LEGAL
DEVELOPMENT
ITEM A.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1,2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 14. 2007 October IS, 2007 (Noon)
D September 18, 2007 September 3, 2007 (Noon) [8J November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September 17,2007 (Noon) 0 December 3, 2007 November 19,2007 (Noon)
0 Announcements/Presenta tions 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [8J Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this request on the November 20, 2007 City Commission Agenda under
Legal, Ordinance - Second Reading, to be tabled to the December 3,2007 meeting to allow for proper advertising of the
ordinance title. The City Commission, on November 13, 2007, approved the subject request under Public Hearing and
]..,egal, Ordinance - First Reading. For further details pertaining to this request, see attached Department Memorandum No.
07-110.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
National Transmissions, Inc. (LUAR 07-004)
Carl A. Cascio, P .A,
Michael and Julia C. Dechants
502 NE 3rd Street
Request to rezone from C-4 General Commercial District to M-l Industrial District.
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES:
Developme
City Manager's Signature
Assistant to City Manager
. .-;> ~ /..--:'
d'--.-?/ ~/
Planning and Zo
s: \Planning\SHARED\ WP\PROJE
L
g Director City Attorney I Finance
S\National Transmissions\Agenda Item Request National Transmission LUAR 07 -004 rezone 11-20-07 .doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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ORDINANCE NO. 07- 09'=:,
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING THE
APPLICATION OF NATIONAL TRANSMISSIONS,
INC., AMENDING ORDINANCE 02-013 TO
REZONE A PARCEL OF LAND LOCATED AT 502
NORTHEAST 3RD STREET, AS MORE FULL Y
DESCRIBED HEREIN, FROM GENERt\L
COMMERCIAL; (C-4) TO INDUSTRIAL (M-I);
PROVIDING FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTIVE DATE.
14
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
15
adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City:
16
and
17
WHEREAS, Michael and Juclia C. Dechants, owners of the property located at 502
18 .
N.E. 3rd Street in Boynton Beach, Florida, as more particularly described herein, has filed a
Petition, through its agent, Carl A. Cascio, P.A" pursuant to Section 9 of Appendix A-
Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of
rezoning a parcel of land, said land being more particularly described hereinafter. from
General Commercial (C-4) to Industrial (M,!); and
WHEREAS, the City Commission conducted a public hearing and heard testimony
and received evidence which the Commission finds supports a rezoning for the property
hereinafter described; and
'VHEREAS, the City Commission finds that the proposed rezoning is consistent with
an amendment to the Land Use which was contemporaneously considered and approved at
the public hearing heretofore referenced; and
WHEREAS, the City Commission deems it in the best interests of the inhabitants of
S:\CA\Ordinances\Planning\Rezoning\Rezoning - National Transmissions.doc
1 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
3 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
4
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
5 herein by this reference.
6
Section 2.
The following described land located at 502 N.E. 3rd Street in Boynton
7 Beach, Florida, as set forth as follows:
8
9 Lot 49, of ARDEN PARK, according to the Plat thereof, as
10 recorded in Plat Book 2, Page 96, of the Public Records of Palm
11 Beach County, Florida.
12
13 Subject to easements, restrictions, reservations, covenants and
14 rights-of-way of record.
15
16 be and the same is hereby rezoned from General Commercial (C-4) to Industrial (M-I). A
1 7 location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference.
18 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
19 accordingly.
20
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
2 1 repealed.
22 Section 5. Should any section or provision of this Ordinance or any portion thereof
23 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
24 the remainder of this Ordinance.
25 Section 6. This ordinance shall become effective immediately upon passage.
26
S :\CA \Ordinances\Planning\RezoninglRezoning - National Transmissions.doc
1 FIRST READING this ~ day of NoV<=O\br, 2007.
2
SECOND, FINAL READING and PASSAGE this _ day of
. 20C)'7
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 ATTEST:
19
20
21
22
23 Janet M. Prainito, CMC
24 City Clerk
25
26
27 (Corporate Seal)
CITY OF BOYNTON BEACH. FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
II
S:\CA \Ordinances\Planning\Rezoning:Rczoning - National Transmlssions.doc
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 07-110
Chairman and Members
Community Redevelopment Agency Board and City Commission
Gabriel Wuebben fl.. ~ !
Planner If\ '(V
Michael W. Rumpf W'-
Director of Planning and Zoning
September 26, 2007
National Transmission/LUAR 07-004
To reclassify the property from General Commercial (GC) to
Industrial (I) and rezone from C-4 General Commercial to M-l
Industrial
Property Owner:
Applicant/ Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Adjacent Uses and Zoning:
North:
South:
PROJECT DESCRIPTION
Michael and Julia Dechants
National transmission, Inc';Carl A. Cascio, P. A.
502 N. E. 3rd Street (Exhibit "A")
General Commercial (GC)
C-4 General Commercial
Industrial (I)
M-l Industrial
Automotive transmission repair
Auto-related use, designated General Commercial (GC) and zoned
C-4 General Commercial
Right-of-way of N.E. 4th Avenue, then developed office-warehouse
facility designated General Commercial (GC) and zoned C-4
General Commercial
Page 2
File Number: LUAR 07-004
National Transmission, Inc.
East:
Improved alleyway, then developed office-warehouse facility,
designated Industrial (1) and zoned M-1 Industrial.
West:
Right,of-way of N.E. 3rd Street, then developed commercial facility
designated General Commercial (GC) and zoned C-4 General
Commercial
PROJECT ANALYSIS
The parcels, which are the subject of this land use amendment, total 0.16 acres (7,000 square
feet). Because of the size of the property under consideration, the Florida Department of
Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale"
amendment is adopted prior to forwarding to the Florida Department of Community Affairs and
is not reviewed for compliance with the state, regional and local comprehensive plans prior to
adoption.
The 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 policies including but not limited to/ a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the Citys risk
manager. The planning department shall also recommend limitations or
requirements/ which would have to be imposed on subsequent development of the
proper-f:Yt in order to comply with policies contained in the comprehensive plan.
Policy 1.19.4 of the Land Use Element reads:
II The City shall continue to encourage and enforce the development of industrial land as
industrial parks or concentrated industrial areas in order to maximize the linkage
between complementary industries."
The area adjacent to the subject parcel contains a variety of auto-related businesses. The
requested land use amendment and rezoning will allow a long-time business to gain conforming
status proximate to other existing auto-related uses, thus providing greater opportunities for
linkages.
Policy 1.9.5 of the Land Use Element reads (in part):
" The City by 2002/ shall conduct studies and/or prepare redevelopment plans for areas
designated by the Primary Target Areas Overlay. The plans sha/~ in part implement or
Page 3
File Number: LUAR 07-004
National Transmission, Inc.
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 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 Heart of Bo vn ton Communitv Redevelooment Plan. as adopted on December 4, 2001, is an
implementation measure of the cited policy. The "Proposed Land Use Map" for the
redevelopment plan proposes that the land area in the "Arden Park" neighborhood currently
designated "Industrial" should be extended westward to include the property on the east side of
N.E. 3rd Street (see Exhibit "A"). This extension of the industrial-designated land would include
the subject property, furthering the vision for this area.
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 rezoning would not create an isolated district, but would relate to the adjacent
land use designations to the east and to the existing uses in the area generally surrounding the
subject property. Other similar requests of the nature have been approved in the immediate
vicinity. Examples include Beck's Towing (at 410 N.E. 5th Avenue) and Florida Collision Center
(902 NE 3rd Street). The proposed change is consistent with recommendations of the Heart of
Bovnton Community Redevelooment Plan.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The adoption of the Heart of Bo vn ton Communitv Redevelooment Plan, in 2001, and the
recommendations of that plan make the proposed rezoning desirable as a step toward
implementation of the plan.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
Properties less than one acre in size are not required to prepare comparisons of water and
wastewater demands. Since no additional development is proposed at this time on the subject
property, no changes are anticipated in the demands on either water or wastewater. Neither are
there any anticipated increases in traffic impacts. With respect to solid waste, in a letter dated
December 18, 2001 the Palm Beach County Solid Waste Authority has stated that adequate
capacity exists to accommodate the county's municipalities throughout the la-year planning
period. Lastly, drainage will also be reviewed, and must satisfy all requirements of the city and
local drainage permitting authorities.
Page 4
File Number: LUAR 07-004
National Transmission, Inc.
e. Whether the proposed rezoning would be compatIble with the current and future
use of adjacent and nearby properties/ or would affect the property values of
adjacent or nearby properties.
As stated above under "Project Description", the existing uses surrounding the subject site are
intense commercial and industrial uses. The proposed land use amendment and rezoning
would generally be compatible with existing uses of adjacent properties.
f. Whether the property is physically and economically developable under the existing
zoning.
The property is currently developed and used as the site of an auto repair business, a permitted
use under the existing C-4 zoning. The property is physically and economically developable for
other intensive commercial uses permitted within that zoning district.
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.
Criteria for evaluating the benefits of the proposed development to the needs of the
neighborhood and the City include service demands, intensity, use, value and consistency with
Comprehensive Plan policies. As indicated above, impacts of the proposed project on the
service delivery and transportation systems will be negligible. It is consistent with the cited
Comprehensive Plan policies.
h. 'Whether there are adequate sites elsewhere in the city for the proposed use/ in
districts where such use is already allowed.
The amount of land designated for industrial uses is very limited, particularly in the part of the
City east of 1-95, so there are limited opportunities for auto-related businesses. This location is
convenient to the downtown as well as to other ancillary auto-related uses that serve the
residents of the City. The request to convert to industrially-zoned land is particularly ideal in
light of the rezonings that started in 2000 with an approval of a residential development in the
Quantum Industrial Park. Since then, some 135 acres have lost their industrial designation, not
including Quantum, which retained the designation although a large percentage of its acreage
has been converted to uses other than industrial.
The loss of industrial land has occurred simultaneously within unincorporated Palm Beach and
most of its other municipalities. This trend's negative impact on the local economies in terms of
future jobs, availability of services and tax bases has been recognized by the county's
Intergovernmental Plan Amendment Review Committee (IPARC). The City should preserve and
expand industrial land when appropriate in order to enhance economic viability.
CONCLUSIONS! RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will
not create additional impacts on infrastructure that have not been anticipated in the
Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the
Page 5
File Number: LUAR 07-004
National Transmission, Inc.
overall economic development of the City. Therefore, staff recommends that the subject
request be approved.
ATTACHMENTS
S: I PlannlnglSrlARED I WPIPRO.JECTSINatlonal TransmlsslonslST AFF RE PO RT .doc
Exhibit A - Site Location Map
National Transmissions, Inc. - LUAR 07-004
~
'II':('
Q
g
tr
...J
~
.;e
BOYNTON BEACH BLVD
1 00 50 0
~
100 200 300 400
I I Feet
"--'
NE 6TH A\
~
J:
...J
~
W
C
W
U.
Z
N
W~~E
~~
S
Exhibit B - Neighboring LUAR Requests
210 105 0
~
210
I
420
II
630
I
840
I Feet
N
W4frE
S
EXHBIT C
LEGAL DESCRIPTION:
Lot 49, of ARDEN PARK, according to the Plat thereof, as recorded in Plat Book
2, Page 96, of the Public Records of Palm Beach County, Florida
COMPUTATION OF ACREAGE:
Square Footage = 7584.09
Acreage = 43650 +7584.09 = 5.74
STATEMENT TUSTIFYLNG THE ZONING REOUEST:
The proposed land use amendments/rezoning requested is consistent with the hean of
Boynton Beach Community Development Plan. The size of the property is conforming to the
proposed use and zoning guidelines, The applican t currently opera res an au to transmission business,
which is an acceptable use under both the current and proposed land use designation. The area
where the subject property is located lies with c.4 zoning which is COntiguous with other lands that
have been proposed to be pan of the new M 1 zoning area within the hean of Boymon Beach
Community Redevelopment Plan so the proposed land use and rezoning would result in a campa tibJe
land use, which would further enhance the property values of the adjacent properties.
\\Cascio-servenmy documents\CLIENTS\REAL\DeChants, Michael &. Julia Rezoning\Application attachment. wpd
Exhihlt "A" to Application for Land Use Amendment/Rew11lng
Nnnonal Trnn.':ill1J,:;slOn, inc.
Lot 49, ARDEi'\ PARK
XIII-UNFINISHED BUSINESS
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to Cirv Clerk's Office
D August 21, 2007 August 6, 2007 (Noon.) D October 16, 2007 October I, 2007 (Noon
D September 4, 2007 August 20, 2007 (Noon) D November 13,2007 October ]5, 2007 (Noon)
D September 18, 2007 September 3, 2007 (Noon) [8J November 20, 2007 November 5, 2007 (Noon)
D October 2, 2007 September] 7,2007 (Noon) D December 3, 2007 November 19,2007 (Noon)
D Announcements/Presentati ons D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements [8J Unfinished Business
D Public Hearing D
RECOMMENDATION: To allow discussion regarding the Public Art Fee Ordinance No. 07-002 and the
Administrative Policy for the collection of Public Art Fees.
EXPLANATION: At the November 13,2007 City Commission meeting, a member of the City Commission requested
that copies of the Public Art Fee Ordinance and the Administrative Policy be placed in the Mayor and Commissioners
mailboxes for review and future discussion at the next agenda preview meeting scheduled for November 16, 2007.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
AL TERNA TIVES: Not to allow discussion of the Public Art Fee Ordinance and Administrative Policy.
City Manager's Signature
Assistant to City Manager ~
Cv-h; f11r:{;;:!!t-;- cJifi ~ ..J
Depart ent Name
City Attorney I Finance
SIBULLETINIFORMS\AGENDA ITEM REQUEST FORM DOC
The Citl} 0/ BOl}l1tOll Beach
OFFICE OF THE CITY MANAGER
100 E. Boynton Beach Boulevard
Po. Box ]10
Boynton Beach, Florida ]]425-0]10
City Managers Office: (561) 742-6010
FAx.- (561) 742-6011
www.boynton-beach.org
To: Mayor Taylor
Vice Mayor Rodriguez
Commissioner Weiland
Commissioner Hay
Commissioner Ross
From: Carisse Lejeune, Assistant to the City Manager ~
Date: November 14, 2007
Re: Art in Public Places Ordinance and Administrative Policy
Cc: Kurt Bressner, City Manager
Jim Cherof, City Attorney
Janet Prainito, City Clerk/Central File
Pursuant to a request from a member of the Commission at the November 13, 2007
City Commission meeting, please find attached to this memorandum a copy of the most
recent, revised Public Art Fee Ordinance. All changes made to the original Ordinance
No. 05-060 are reflected in the attached, revised Ordinance No. 07-002.
Also attached for your review is a copy of the City's Administrative Policy for the
collection of Public Art fees.
Please let me know if you have any questions.
Thank you.
CITY OF BOYNTON BEACH, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER: 09
Finance
Policy No. 09.03.02
SECTION: 03
Collection Procedures
Page: 1 of 9
SUBJECT: 02
Art in Public Places - Collection of Fees
PURPOSE AND SCOPE
Ordinance 07-002 establishes a Public Art Fee on "all development, redevelopment,
reconstruction or remodeling projects commenced after the adoption of the ordinance"
(October 5, 2005). Completed site plan applications and Permit applications filed after
10/05/05 which have a construction value of $250,000.00 or greater, shall pay a Public
Art Fee equal to 1% of the construction value pursuant to Sec. 2-163(A) of the City's
Code of Ordinances.
The following types of projects are exempt from the payment of the Public Art fee:
(1) Remodeling, repair or reconstruction of structures damaged by fire, flood,
wind, earthquake or other calamity determined by the City of Boynton
Beach Building Official.
(2) The percent of the project dedicated to affordable housing as defined by
the City of Boynton Beach.
(3) All projects which were submitted prior to or on October 5, 2005,
notwithstanding any subsequent request for site plan extension.
(4) Single family and two family in-fill housing.
POLICY
General: New Site Plans and Permits for Remodeling - The purpose of this section
is to describe the procedures for assessing, billing and collecting the Public Art Fee.
A. Development - Planning & Zoning/Building
1 , The Development Department will assist to inform any potential
applicants to the City of the Public Art fee and will provide
information provided by the Public Art Administrator to the applicant
explaining the program and delineating that the administrative fee
portion must be paid at time of permit issuance, Forms
(Attachments A & B) are provided to applicant. The Public Art
Administrator will be included in all applicable Pre-Application
meetings held in the Planning & Zoning Division will be used to
provide initial information and guidance to potential applicants
about the Public Art review and approval process.
2. All site plan and permit applications for construction or remodeling
with a construction value of $250,000.00 or greater will be required
to contain the Public Art Information Form (Attachment B).
Planning & Zoning/Building will forward a copy of the Public Art
Information Form to the Public Art Administrator for further contact
with the applicant.
3. When the permit is prepared for issuance, the Building Fee
Coordinator will notify the Public Art Administrator bye-mail that an
eligible project is ready for permit and will calculate the amount
due. The Building Fee Coordinator will e-mail the Public Art
Administrator the Public Art fee amount. The Building Fee
Administrator provides the Permit Technicians with the fee amount.
The Permit Technicians prepare an invoice for the applicant. The
applicant pays the cashier all the fees on the invoice before they
receive a permit.
4. Upon request for Certificate of Occupancy for applicable permits
who have paid the Administration Fee portion of the Public Art Fee,
the Building Division Fee Coordinator will notify the Public Arts
Administrator and request that the Public Art Occupancy
Authorization & Certification of Completion (Form C) is completed,
The applicant will pay the applicable fees to the City Cashier prior
to issuance of the CO as noted below,
B. Finance Department
1 . The cashier (Finance Department) will collect the appropriate
invoiced fees from the applicant.
2, Finance will deposit the money daily and verify that the payments it
receives are posted to the proper account/fund in the general
ledger as:
a. Building Fee Code 3A - Public Art Fee
30% of the 1 % to account #151-0000-329-0500
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b. Building Code 7 A - Public Art Fee Escrow
70% of the 1 % to account #151-0000-220-0600
c. Building Code 7R - Public Art Fee Retained
70% of the 1 % to account #151-0000-366-1500
C. Public Art Administrator
1. Once the Public Art Administrator receives the completed Public Art
Information Form from the Planning & Zoning Division, he/she will
coordinate with the applicant to present recommendations for the
project's Public Art requirement. Upon approval by the Arts
Commission, the Public Art Administrator will inform the Planning &
Zoning Division that the applicant has met the art requirement and
received approval from the Arts Commission. Then, based on the
Arts Commission's comments, the Public Art Administrator will
generate a review comment on the Conditions of Approval for the
project. If the initial review by the Arts Commission is incomplete,
the review comment will be written accordingly to state the
outstanding information and requirements, and deadlines for the
Public Art component of the project.
2. The Public Art Administrator is responsible for tracking compliance
and completion of the art project as approved by the Arts
Commission.
3. The Building Fee Coordinator will notify the Public Art Administrator
when an eligible project is about to obtain a permit. The Public Art
Fee (30% of the 1 %) is paid to the cashier and deposited in the
appropriate account as listed above.
4. The Public Art Administrator is responsible for tracking the progress
of the project by periodically reporting the status of the public art
projects to the Arts Commission. The Public Art Administrator will
also maintain a record of funds received from each applicant.
5. If an applicant opts out of participating in the Art in Public Places
Program, electing not to provide art on the site, the applicant shall
pay the total 1 % Public Art Fee at time of permit. This option is
elected by the applicant on the Public Art Information Form B
(Attachment B). The Public Art Administrator will communicate to
the Building Fee Coordinator that 100% of the Public Art Fee (1%
of the construction value of the project) is due at time of permit.
6. If the applicant elects to participate in the Art in Public Places
Program, 30% of the Public Art Fee (1 % of the construction value
3
of the project) will be retained by the City and is collected at time of
Building Permit. The remaining 70% will be evaluated prior to and
as a condition of issuance of Certificate of Occupancy which
includes the Public Art. Funds will be collected on the percentage
of Public Art completion based on the conditions in Section
2-163(c) of the City's Ordinance and the following requirements are
met:
I. Once a public artist is contracted for the construction of the art
project, the artist's contract, credentials, and public art
concepts must be submitted to the Public Art Administrator.
II. The Public Art Administrator will submit the contract, the
artist's credentials, and the public art concepts to the Arts
Commission for review at the next meeting. If the public art
project is approved by the Arts Commission the project can
proceed forward.
I!!. If it is rejected the Public Art Administrator will provide
feedback to the applicant. The project will have to be adjusted
and resubmitted for approval by the Arts Commission.
IV. The City's Building Official notifies the Public Art Administrator
that the project is near completion by sending a Public Art
Occupancy Authorization Form (Attachment C). The Public
Art Administrator will visit the site and obtain information such
as project status, projected completion date, and images,
including but not limited to photographs, of the project's status.
The Public Art Administrator will submit this information to the
Arts Commission.
V. If the art project is not complete, the Arts Commission will
determine the percentage of completion of the project. If the
project is 50% completed or more and a completion date is set
by the developer, the Public Art Administrator will approve the
project for a Temporary Certificate of Occupancy. If the
project is not 50% or more completed then the 70% of the 1 %
will be assessed by the Building Fee Coordinator, invoiced by
the Permit Technicians and collected by the Cashier/Finance.
A Temporary Certificate of Occupancy will be approved by the
Public Art Administrator by giving the Public Art Occupancy
Authorization Form (Attachment C) to the Building Official.
The Temporary Certificate of Occupancy can be renewed 3
times for a total of 90 days until a determination of completion
is given by the Arts Commission in coordination through the
Public Art Administrator.
4
VI. At final evaluation, the Public Art Administrator will sign off on
the Public Art Occupancy Authorization, forward it to the
Building Official through the Building Fee Coordinator, to
release any refunds collected for the public art project to the
applicant.
vii. If the applicant does not complete the art project, or if the art
project is not approved, 100% of the fees collected will be
forfeited and deposited into the Public Art Fund.
PREPARED BY: Public Art Administrator
EFFECTIVE:
Kurt Bressner
City Manager
5
FORM A (May 2007)
NOTICE TO ALL APPLICANTS
ART IN PUBLIC PLACES PROGRAM
Effective October 5. 2005. all projects will be reviewed for application of the Art in
Public Places Program in accordance with the following excerpt from the
enabling ordinance (No. 07-002):
Sec. 2-163. Establishment of Public Art Fee
A. All Development, redevelopment, reconstruction or remodeling projects
commenced after the adoption of this ordinance which have a construction value
of $250,000.00 or greater, shall participate in the Art in Public Places Program by
paying a Public Art Fee. For the purpose of this section, a project will be
considered "commenced" when an application for review ;s first submitted to the
City's Development Department. The Public Art Fee shall be equal to 1% of
construction value of the project.
B) The following projects are exempt from the payment of the Public Art fee:
1. Remodeling, repair or reconstruction of structures damaged by fire, flood,
wind, earthquake or other calamity determined by the City of Boynton Beach
building official.
2. The percent of the project dedicated to affordable housing as defined by the
City of Boynton BeaCh.
3. All projects which were submitted p'rior to or on October 5, 2005
notwithstanding any subsequent site plan extension.
4. Single family and two family in-fill housing.
Selected procedural requirements include the following:
· Submit Public Art Information forms to Planning & Zoning Division with site
plan application.
· Art Commission must approve public artist selected for project art or Public
Art Administrator will provide a "Call to Artists" for the project art.
· Approval from Arts Commission required prior to City Commission approval
of site plan.
· Payment of 30% of the 1 % fee is required at time of permit issuance.
· Evaluation for the 70% of the 1 % fee at time of Certificate of Occupancy that
includes the Public Art, per Ordinance 07-00.
· 70% of the 1 % will be collected if 50% or less completion of Public Art, as
approval by Arts Commission. Temporary Certificate of Occupancy will be
granted and completion date provided.
· Temporary Certificate of Occupancy will be granted is Public Art if 50% or
greater completed and approved by the Arts Commission with a committed
completion date provided.
For additional information on this program,
contact Debby Coles-Dobay, Public Art Administrator at (561) 742-6026
email addresscolesdobavd@cLbovnton-beach.fl.us
6
The City of Boynton Beach
CITY MANAGERS OFFICE
Public Art Administrator
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425
phone (561) 742-6026 fax (561) 742-6089
email colesdobavdiW.ci.bovnton-beach.fl.us
www .boynton-beach .org
I p~#
PermIt #:
Public Art Information Form-B
APPLlCA TION MUST BE SUBMITTED WITH THE SITE PLAN APPLICATION
Project Name
Project location (physical address)
Company Name
Company Address
Company Phone
Contact Person
Phone
Web site
Email
Project contact name
Phone
Email
Project description (include the projects design/image intent, special features/amenities,
special construction materials)
Project markets to
Art Location's in project
Is the Art Location accessible to the public? Yes
Developer/Architect/designers concept for art
No
Will artist be hired by developer (yes or no) If yes, artist resume must be
submitted for approval
Call to Artists required through the Arts Commission (yes or no)
Construction (preliminary) value for the project
1 % Public Art Fee =
Budget for the Art element( s) in the project 70% of the 1 % =
Elect to pay public Art Fee in lieu of Public Art in Project (circle one) yes no
Site plan date
Estimated completion date
Date received ordinance with recommendations and guidelines
7
CITY OF BOYNTON BEACH, FLORIDA
PUBLIC ART OCCUPANCY AUTHORIZATION
& CERTIFICATE OF COMPLETION FORM-C
DATE
TO: City of Boynton Beach Building Official
Notice is hereby provided that the building identified as
and authorized under permit number
has met the requirements stated in the Public Art
Ordinance 07-002 and is ready for use and occupancy.
D
This phase of the project does not include Public Art.
Approved to issue Certificate of Occupancy.
D Public Art is greater than 500/0 complete. Approved to issue
Temporary Certificate of Occupancy.
Completion Date
D Public Art is less than 500/0 complete. Collection of 70% of
1% due as a condition of Certificate of Occupancy.
Completion Date
D Public Art is completed.
Approved to issue of Certificate of Occupancy.
the
NOTE: TEMPORARY CERTIFICATE OF OCCUPANCY VALID FOR 30 DAYS ONLY.
(90 DAYS TOTAL)
Public Art Administrator
Date
Arts Commission (Chair)
Date
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1 ORDINANCE NO. 07- OOGA
2
3 AN ORDINANCE OF THE CITY COMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING
5 ORDINANCE 05-060 TO PROVIDE THAT THE ART FEE
6 DOES NOT APPL Y TO PROJECTS WHICH HAD
7 APPLICATIONS PENDING ON OR BEFORE OCTOBER 5,
8 2005; PROVIDING WHEN THE ART FEE IS PAYABLE;
9 PROVIDING CONFLICTS, SEVERABILITY; INCLUSION
10 AND AN EFFECTIVE DATE
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12 WHEREAS, the Commission has heretofore adopted Ordinance 05-060 creating the
13 Art in Public Places program; and
14 WHEREAS, the City Commission has determined that it is in the best interest of the
15 Art in Public Places Program to modify the program as hereinafter set forth.
16 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
17 THE CITY OF BOYNTON BEACH.. FLORIDA:
18
Section 1.
The foregoing "\VHEREAS" clauses are hereby ratified and
19 confirmed as being true and correct and are hereby made a specific part of this Ordinance
20 upon adoption hereof.
21
Section 2.
Ordinance 05-060, codified as Article XII, Chapter 2 of the Code of
22 Ordinances of the City of Boynton Beach, entitled "Art in Public Places Program," is hereby
23 amended to read as follows:
24 Sec. 2-159. Short title; intent.
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(A) This chapter shall be known and cited as the "Art in Public Places Program."
(B) It is the intent and purpose of this chapter to further the commitment of the
City of Boynton Beach to the aesthetic, historical, cultural and economic enrichment of the
community through the creation of works of art so that citizens and visitors to the City of
Boynton Beach are afforded an opportunity to enjoy and appreciate works of art. The
requirements of this chapter shall be construed to promote the aesthetic values of the entire
community and to encourage the preservation and protection of works of art.
S :\eA \Ordinances\Art in Public Places-D3 J 207.doc~: A'Onlinanees'J\ rt in-PHb~' Plese.; 12220(uloc
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Sec. 2-160. Definitions.
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(A) Definitions. For the purposes of this section, the following words and
phrases shall have the following meanings:
(1) Artist or Professional Artist means a practitioner in the visual arts, generally
recognized by critics and peers as a professional of serious intent and ability.
Indications of a person' s status as a professional artist include, but are not
limited to, income realized through the sole commission of artwork, frequent
or consistent art exhibitions, placement of artwork in public institutions or
museums, receipt of honors and awards, and training in the arts.
(2) Art, Artwork or Works of Art means tangible creations by artists exhibiting
the highest quality of skill and aesthetic principles and includes all forms of
the visual arts conceived in any medium, material, or combination thereof,
including, but not limited to, paintings, sculptures, engravings, carvings,
frescos, stained glass, mosaics, mobiles, tapestries, murals, photographs,
video projections, digital images, bas-relief, high relief, fountains, kinetics,
collages, drawings, monuments erected to commemorate a person or an
event, functional furnishings, such as artist designed seating and pavers,
uniQue or original architectural elementsdesigfloo by an artist, and artist
designed landforms or landscape elements. The following shall not be
considered artwork or works of art for purposes of this chapter:
(a) Reproductions or unlimited copies of original artwork.
(b) Art objects, which are mass-produced.
(c) Works that are decorative, ornamental, or functional elements of the
architecture or landscape design, except when commissioned from an
artist or designed as an integral aspect of a structure or site.
(3) Building means any structure that encloses space and is used or built for the
shelter or enclosure of persons, businesses, chattel or property.
(4) Development means any construction, or redevelopment, or structural
alteration of any private or public building within the limits of the City.
(5) Arts Commission means the advisory board established by the City
Commission pursuant to Ordinance 01-64.
(6) Public Art Fund means a separate, interest bearing account set up by the City
to receive monies for the Art in Public Places Program.
(7) Remodeling or conversion means alterations made to a building within any
twelve month period, including, but not limited to, changes to the fa~a.de of a
building, changes to the interior of a building, increases or decreases in the
S:\CA\Ordinances\Art in Public Places-031207.docS:\C.'\'OFsi"aAees'.'\Tt j" Plllllie Plal.!e!; 1222(.jB.dot:
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floor area of a building and changes to exterior improvements.
(8) In-fill housing means new residential units on parcels less than 5 acres that are not
part of an approved planned unit development as defined bv the City of Boynton
Beach land development regulations.
Sec.
2-161. Arts Commission.
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The Boynton Beach Arts Commission shall function and operate as outlined in the
City of Boynton Beach's Ordinance No. 01-64.
Sec. 2-162. Powers and duties of committee.
(A) The Arts Commission shall have the following additional powers and duties:
(1) Recommend to the City Commission, adoption of Art in Public Places
Program Guidelines and amendments thereto;
(2) Recommend to the City Commission, adoption of a Public Art Master Plan
identifying locations for public artworks and establishing a priority order;
(3) Recommend to the City Commission authorization of expenditures for
maintaining and implementing the Art in Public Places Program;
(4)
Recommend to the City Commission other expenditures of the Public Art
Fund such as hiring staff a.Tld services to ru..'1 the Art in Public Places
Program;
(5)
Exercise their authority to approve, approve with conditions or disapprove
proposed installation of artwork based on Art in Public Places Program
Guidelines; and
(6)
Advance, through education and communication, the Art in Public Places
Program Guidelines. The guidelines are attached as Exhibit "A".
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38 commenced after the adoption of this ordinance which have a construction value of
39 $250,000.00 or greater, shall participate in the Art in Public Places Program by paying a
40 Public Art Fee. For the purpose of this section, a project will be considered "commenced"
41 when an application for review is first submitted to the City's Development Department.
42 The Public Art Fee shall be equal to I % of construction value of the project. The Public ;\rt:
43 Fee shall be oollected by tThe Building and Code Compliance DivisionlFinance Department
44 shall administer the billing and collection of the 30% or (.03) of the 1 % of the Public Art
45 Fee at the time of Building Permit issuance and the 70% or (.07) of the 1% prior to and as a
46 condition of building pennit issuance of the certificate of occupancy that includes the Public
S :leA 10rdinanceslArt in Public Places-031207 .doc,lo;4.'-A-\O,<llAaRees\Art in PUBlic Place" 1222()€i.cloe
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1 . ~ Art. One hundred percent (l00%} of the Public Art Fees collected are to be allocated to the
2 I' Public Art Fund. All distributions for the Public Art Fund require the recommendation of
~ , Arts Commission prior to City Commission approval.
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(B) The following types of projects are exempt from the payment of the Public Art
Fee:
(1)
Remodeling, repair or reconstruction of structures damaged by fire, flood,
wind, earthquake or other calamity determined by the city of Boynton Beach
building official.
(2)
The percent of the project dedicated to affordable housing as defined by the
City of Boynton Beach.
(3)
All proiects which were submitted prior to or on October 5. 2005,
notwithstanding any subsequent request for site plan extension.
(4)
Single family and two family in-fill housing.
(C) Project owners required to participate in the Art in Public Places Program
may obtain reimbursement up to seventy percent (70%) of collected art fee if the following
conditions are met;
(1)
The owner of a development agrees to follow the Art Commission's
recommendations to develop the art in the project; and
Prior to placement on the development site, has the artwork approved by the
Arts Commission to insure that the artwork will be accessible and readily
visible to the public based on location of artwork and normal traffic of
vehicles/pedestrians in the proposed location; and
(2)
QL~Select an artist directly to execute a project that meets specific criteria
outlined by the recommendations and guidelines document provided by the Arts
Commission or hire a professional consultant to select artists to commission site-
specific, architecturally integrated artworks that meet specific art criteria outlined
by the recommendations and guidelines document provided by the Arts
Commission or; Purchase artworks for permanent installation recommended by
the Arts Commission or; Elect to purchase an existing artwork or commission an
original artwork for donation as a gift to the City of Boynton Beach's public art
collection or;
Sec.
2-164. Art and artist selection criteria.
(A) The Art and Artist selection criteria shall be in compliance with the Arts
Commissions Guidelines and Recommendations.
Sec.
2-165. Public Art fund.
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(A) There is hereby created a public art fund administered by the Arts
Commission. Funding shall consist of all contributions received from art fees for
development and redevelopment. Contributions shall include I % of construction value on
projects exceeding $250,000.00, any cash grants and donations to the City for public art
projects from governmental or private resources, and all other funds allocated by the City
through the budgetary process for the provision of public art.
(B) Expenditures from the Public Art Fund shall include, but not be limited to
expenses associated with the selection, commissioning, acquisition, transportation,
maintenance, public education, promotion, administration, program marketing,
documentation, removal and insurance of the works of art or in relation thereto. The Arts
Commission can recommend to the City Commission, expenditures from the funds in
furtherance of the Art in Public Places Program.
(C) Disbursements of the Public Art Fee shall be seventy percent (70%) to the
construction of art in a given project and thirty percent (30%) for the administration of the
Art in Public Places Program and a (endowment or reserve fund) for future work as
described in the Arts Commissions Guidelines & Recommendations.
Sec. 2-166. Ownership of artwork.
Unless otherwise expressly agreed to in writing by t.l]e City, O'..vnership of all a..'i
acquired through expending funds in the Public Art Fund shall be owned by L1e City
according to the Arts Commissions Recommendations and Guidelines.
Sec. 2-167. Art in Public Places Program Guidelines
The Arts Commission shall prepare, and from time to time recommend to the City
Commission revisions to the, Art in Public Places Program Guidelines and make the same
available to the public, which shall provide guidance for program organization;
organizational governance and staffing responsibilities; procedures for project planning;
artist selection; art selection criteria; art placement criteria; donations; loans and memorials;
collection management; and, administration of the Public Art Fund.
In the event language contained in the Art in Public Places Program Guidelines
conflicts with this Ordinance, the language in the Ordinance shall control.
Sec. 2-168. Art in Public Places Program Location Plan
The Arts Commission shall prepare, and from time to time revise, a Art in Public
Places Program Location Plan that identifies locations and criteria for public artworks and
establishes a priority order.
Section 3.
Severability.
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1 If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or
21 unconstitutional by any court of competent jurisdiction, then said holding shall in no way
3 affect the validity of the remaining portions of this Ordinance.
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Section 4.
Inclusion in Code.
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It is the intention of the City Commission of the City of Boynton Beach, Florida, that
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the provisions of this Ordinance shall become and be made a part of the City of Boynton
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Beach Code of Ordinances, and tbat the sections of this Ordinance may be renumbered or
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relettered and the work "ordinance" may be changed to "section," "article," or such other
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appropriate work or phrase in order to accomplish such intentions.
Section 5. This Ordinance shall become effective immediately on passage.
FIRST READING this A day of JOJ\lfAr'(--, 2007.
SECOND, FINAL READING AND PASSAGE this ~ day of ~ 2007.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
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