Loading...
Agenda 06-17-14 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, JUNE 17, 2014 6:30 PM FINAL AGENDA City Commission AGENDA Jerry Taylor Mayor – At Large Joe Casello Vice Mayor – District IV David T. Merker Commissioner – District I Mack McCray Commissioner – District II Michael M. Fitzpatrick Commissioner – District Ill Lori LaVerriere City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org America’s Gateway to the Gulfstream WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action.  Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group.  Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda.  Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, 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 – Time 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 – Time 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). 2 of 273 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation by Commissioner Merker C. Pledge of Allegiance to the Flag led by Mayor Taylor D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Post-Legislative Update by District 89 Representative Bill Hager B. Announcement about the 4th of July Festivities C. Announcement by Recreation & Parks Director Wally Majors regarding the "Ball & Chain Basketball Skills Challenge" event, which will be held at Ezell Hester, Jr. Community Center on Saturday, June 21 from 9 a.m. to 10:30 a.m. D. Proclaim June 20, 2014 as National Summer Learning Day. Rhonda D. Rogers, Director of Community Engagement & Supports will accept the Proclamation. E. Announcement that Galaxy E3 Elementary School was featured in the National Geographic Hit Series Fish Tank Kings 4. 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) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 1 alternate Building Board of Adjustment and Appeals: 1 regular and 2 alternates Cemetery Board: 1 alternate 3 of 273 Education & Youth Advisory Board: 1 student N/V Financial Advisory Committee: 2 regulars and 2 alternates Golf Course Advisory Committee: 1 regular and 1 alternate Historic Resource Preservation Board: 2 alternates Library Board: 2 alternates Recreation and Parks Board: 2 alternates Veterans Advisory Commission: 2 alternates B. Accept the resignation of Jeffrey R. Grady, a regular member of the Financial Advisory Committee. 6. 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. Approve the vehicles/equipment submitted by Public Works/Fleet Maintenance for disposal. PROPOSED RESOLUTION NO. R14-048 B. - Approve payment to D.R. Horton, Inc. in the amount of $98,526.25 for the construction of an emergency potable water interconnect with Palm Beach County Water Utilities in accordance with the Second Amendment to the Interlocal Agreement between Palm Beach County and the City of Boynton Beach for the Purchase and Sale of Bulk Potable Water. PROPOSED RESOLUTION No. R14-049 C. - Authorize the City Manager to sign a Vendor Agreement with San Francisco Puffs and Stuff, Inc. for concessionaire services for the 4th of July Event to be held at Intracoastal Park. San Francisco Puffs and Stuff will pay the City of Boynton Beach a fee of 25% of gross sales after sales tax. D. Accept the written report to the Commission for purchases over $10,000 for the month of May 2014. E. Approve the minutes from the Regular City Commission meeting held on June 3, 2014 F. Award the bid for "EXTERIOR AND INTERIOR PAINTING OF SELECT BOYNTON BEACH MUNICIPAL BUILDINGS", Bid No. 036-2511-14/JMA to West Florida Maintenance, Inc. of Palmetto, FL for the amount of $18,260. G. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for June 17, 2014 - "Request for Extensions and/or Piggybacks". H. Approve the Letter of Agreement between the City and the Palm Beach County Supervisor of Elections to make repairs to the pathway on the northeast side of 4 of 273 the Hester Center building. The City will invoice the Supervisor for the costs of the repairs. 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 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. PROPOSED ORDINANCE NO. 14-009 - FIRST READING A. - Approve amendment to the Land Development Regulations (LDR) modifying minimum floor area ratio (FAR) for projects zoned Mixed Use-High (MU-H). PROPOSED ORDINANCE NO. 14-006 - FIRST READING B. - Approve request for 500 Ocean rezoning (REZN 14-001) of subject property from Mixed Use- High (MU-H) with expired Master Plan for 378 multi-family residential units plus retail to Mixed Use-High (MU-H) with a new Master Plan for 341 multi-family residential units plus retail and office, located at 101 South Federal Highway. (TABLED ON Applicant: Thomas Heyden/ Morgan Boynton Beach LLC 5/20/14) C. Approve request for New Site Plan approval to construct 341 dwelling units within five (5) and six (6) story buildings, retail space and associated recreational amenities and parking on a 4.69-acre parcel located at 101 South (TABLED ON 5/20/14 Federal Highway. Applicant: John Wohlfarth, IBI Group. AND REQUEST TABLING TO JULY 1, 2014 SO FINAL ACTION IS TAKEN WITH REZONING ITEM) 10. CITY MANAGER’S REPORT A. Informational report on the current status of the Stormwater Program with status information on areas that flooded as requested. 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 5 of 273 13. LEGAL PROPOSED ORDINANCE NO. 14-008 - SECOND READING - PUBLIC A. HEARING - Approve and adopt the update to the Community Redevelopment Plan (Heart of Boynton sub-plan) PROPOSED ORDINANCE NO. 14-010 - FIRST READING B. - Approve the removal of Garage Sale Permit requirements. PROPOSED ORDINANCE 14-011 - FIRST READING C. - Approve Ordinance prohibiting flying of model aircraft, flying devices and helicopters over City owned land, streets, roads, canals and waterways. 14. FUTURE AGENDA ITEMS A. Receive report from City lobbyist on 2014 Legislative Session and discuss goals for 2015 - July 1, 2014 B. Beginning July 7, 2014, City Hall hours of operation will be Monday through Friday, 8 a.m. to 5 p.m. C. Budget Workshop dates/times for FY 14/15 Operating and Capital Budget - Monday – 7/21/14 Beginning at 2:00 p.m.; Tuesday – 7/22/14 Beginning at 10:00 a.m.; Wednesday – 7/23/14 Beginning at 2:00 p.m. (if needed) in City Library Program Room. D. Discuss zoning density in Districts II and III - TBD 15. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'SWEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 6 of 273 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS June 17, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 17, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Post-Legislative Update by District 89 EQUESTED CTION BY ITY OMMISSION Representative Bill Hager ER: Florida House Representative Bill Hager has requested an XPLANATION OF EQUEST opportunity to provide a post-Legislative update to the City Commissioners and citizens of Boynton Beach. H? A report will be provided on issues OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES that affect the City. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 7 of 273 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS June 17, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 17, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS th RACC: Announcement about the 4 of July Festivities EQUESTED CTION BY ITY OMMISSION th ER: The City will again be hosting the annual 4 of July XPLANATION OF EQUEST Festivities at the beautiful Intracoastal Park. Along with the fireworks, children’s activities throughout the evening, the Ocoee River Band and JJ & the Connections will be performing before and after the fireworks. Shuttles will again be provided due to the limited parking that will be available at the park. Shuttle stops will be made at Boynton NO Beach High School and the City Hall parking lot beginning at 5pm until 11pm. PETS ALLOWED. H? This is a very popular annual OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES event. FI: Funding for the event is included in the City’s General Fund. ISCAL MPACT A: LTERNATIVES 8 of 273 9 of 273 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS June 17, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 17, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announcement by Recreation & Parks Director EQUESTED CTION BY ITY OMMISSION Wally Majors regarding the "Ball & Chain Basketball Skills Challenge" event, which will be held at Ezell Hester, Jr. Community Center on Saturday, June 21 from 9 a.m. to 10:30 a.m. ER: As part of the Play Outdoors…Unplugged series of XPLANATION OF EQUEST events, the Recreation & Parks Department wishes to extend an invitation to “Ball & Chain Basketball Skills Challenge”. This series of events are intended to provide our community opportunities for healthy, fun activities that will motivate people to keep moving and smiling. Couples are invited to participate in this exciting basketball challenge, which will include awards and refreshments. FI: Expenses are included in the Department’s operating budget. ISCAL MPACT A: Do not make the announcement. LTERNATIVES 10 of 273 11 of 273 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS June 17, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 17, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim June 20, 2014 as National Summer EQUESTED CTION BY ITY OMMISSION Learning Day. Rhonda D. Rogers, Director of Community Engagement & Supports will accept the Proclamation. ER: Prime Time Palm Beach County, Inc. provides opportunities XPLANATION OF EQUEST for children and youth to succeed and their mission is to foster high quality out-of-school time programs. In recognition of the importance of high quality summer learning programs, they will celebrate annual National Summer Learning Day on June 20, 2014 and have requested the City issue a proclamation. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 12 of 273 Proclamation Whereas, a wide array of public agencies, non-profit organizations, schools, universities, museums, libraries, and summer camps across the country will celebrate National Summer Learning Day on June 20, 2014; Whereas, Prime Time Palm Beach County, Inc., in support of its mission to foster high quality in out-of-school time programs, which provide opportunities for children and youth to succeed, and in recognition of the importance of high quality summer learning programs, will celebrate annual National Summer Learning Day on June 20, 2014; Whereas, many school children lose about two months of grade level equivalency in reading and mathematical skills during the summer months, with a higher impact on children of low-income families; Whereas, summer learning programs offer children structured activities and balanced meals, in support of their overall health; Whereas, Summer Learning Day is designed to highlight the need for more young people to be engaged in learning activities over the summer and to support local summer programs that benefit children, families, and communities; Whereas, summer learning programs have been proven to have a meaningful impact on the education, health and safety of children; and Whereas, Palm Beach County is proud to join with the National Summer Learning Association and our national partners in promoting summer learning activities for the children and youth of our community. NOW, THEREFORE, , I, Jerry TaylorMayor of the City of Boynton Beach, Florida do recognize the week of June 20, 2014, as NATIONAL SUMMER LEARNING DAY in the City of Boynton Beach, Florida, and do commend this observance to all of our citizens. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of th Boynton Beach, Florida, to be affixed at Boynton Beach, Florida the 6 day of May, Two Thousand and Fourteen. _______________________________ _ Jerry Taylor, Mayor ATTEST: _______________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 13 of 273 3. E ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS June 17, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 17, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announcement that Galaxy E3 Elementary School EQUESTED CTION BY ITY OMMISSION was featured in the National Geographic Hit Series Fish Tank Kings. ER: Within the last few months, the City of Boynton Beach has XPLANATION OF EQUEST received significant positive news coverage in national media outlets. Galaxy E3 Elementary School was featured in the National Geographic Hit Series Fish Tank Kings on Wednesday, June 11 at 10 p.m. The show highlights the creation of unique fish tanks. Living Color donated the “touch tank” to Galaxy E3 Elementary School as an innovative method to teach students how to appreciate, protect and preserve Florida’s native marine life and environment. The segment that appeared on National Geographic Hit Series Fish Tank Kings will be shown. H? Positive news coverage, on any OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES level benefits the City of Boynton Beach, by providing:  exposure  credibility FREEnews coverage is always welcomed! FI: None ISCAL MPACT 14 of 273 A: None LTERNATIVES 15 of 273 5. A ADMINISTRATIVE June 17, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 17, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint eligible members of the community to EQUESTED CTION BY ITY OMMISSION serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 1 alternate Building Board of Adjustment and Appeals: 1 regular and 2 alternates Cemetery Board: 1 alternate Education & Youth Advisory Board: 1 student N/V Financial Advisory Committee: 2 regulars and 2 alternates Golf Course Advisory Committee: 1 regular and 1 alternate Historic Resource Preservation Board: 2 alternates Library Board: 2 alternates Recreation and Parks Board: 2 alternates Veterans Advisory Commission: 2 alternates . ER: The attached list contains the names of those who have XPLANATION OF EQUEST applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. H? Appointments are necessary to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES keep our Advisory Boards full and operating as effectively as possible. FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 16 of 273 17 of 273 18 of 273 19 of 273 20 of 273 21 of 273 22 of 273 23 of 273 24 of 273 25 of 273 26 of 273 27 of 273 28 of 273 29 of 273 5. B ADMINISTRATIVE June 17, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 17, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of Jeffrey R. Grady, a EQUESTED CTION BY ITY OMMISSION regular member of the Financial Advisory Committee. ER: Jeff Grady sent an email explaining he had moved outside XPLANATION OF EQUEST the City and could longer serve on the Financial Advisory committee. H? The Financial Advisory Committee OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES will have a vacancy. FI: N/A ISCAL MPACT A: None LTERNATIVES 30 of 273 31 of 273 6. A CONSENT AGENDA June 17, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM th CMD: June 17, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the vehicles/equipment submitted by EQUESTED CTION BY ITY OMMISSION Public Works/Fleet Maintenance for disposal. ER: Fleet Maintenance is submitting twenty-three (23) items to XPLANATION OF EQUEST be disposed at auction utilizing the City of Boynton Beach’s contracted vendor JJ Kane. The proceeds will generate revenue for the Fleet Maintenance Vehicle/Equipment replacement fund. Fleet Maintenance has verified that the vehicles are no longer of use and has completed all proper documentation for disposal. The Fleet Administrator requests Commission’s review, evaluation and approval to sell the surplus vehicles/equipment. H? The disposal of obsolete, damaged OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES and surplus vehicles/equipment will remove the need to store the items, and allow the Finance Department to remove the items from the City’s fixed asset records. FI: The revenue generated from the sale of surplus vehicles/equipment will ISCAL MPACT be placed in the Fleet Maintenance Fund, and credited to the revenue account# 501- 0000-365-01-00. The proceeds from the forfeited items from the police department will be deposited into the police forfeiture account 691-0000-247-04-25. A: Continue to store equipment. Continue to repair vehicles, subsequently LTERNATIVES increasing our maintenance costs. 32 of 273 33 of 273 6. B CONSENT AGENDA June 17, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 17, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R14-048 - EQUESTED CTION BY ITY OMMISSION Approve payment to D.R. Horton, Inc. in the amount of $98,526.25 for the construction of an emergency potable water interconnect with Palm Beach County Water Utilities in accordance with the Second Amendment to the Interlocal Agreement between Palm Beach County and the City of Boynton Beach for the Purchase and Sale of Bulk Potable Water. ER: On August 20, 2013, the City Commission approved and XPLANATION OF EQUEST adopted Resolution No. R13-087 to execute the Second Amendment to the Interlocal Agreement between Palm Beach County and the City of Boynton Beach for the Purchase and Sale of Bulk Potable Water. Section 13.2 of the Agreement states that the costs of design and construction of a new point of connection for an emergency potable water interconnect shall be equally shared between the County and the City. The interconnect is located at the southeast corner of Hypoluxo Road and Hypoluxo Farms Road, and the City’s side of the interconnect consists of 12-inch pipe, 12-inch valves, and a 6-inch meter. D.R. Horton, Inc. constructed the interconnect at a total cost of $206,902.50. Palm Beach County has made payment in the amount of $108,376.25, which includes an additional cost of $9,850.00 for the County's meter. The City’s share for the interconnect is $98,526.25. H? The new interconnect is the third OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES emergency interconnect between the City and County. The interconnects provide the City and County with potable water in times of emergency to keep the water distribution systems operational. This provides reliability and redundancy for back-up water supply to reduce the likelihood of interruptions of water supply to our customers. 34 of 273 FI: The City's share for the new emergency potable water interconnect is ISCAL MPACT $98,526.25. Funding is available in account number 403-5000-533-65-02, project WTR054. A: Since the interconnect has been constructed in accordance with the LTERNATIVES Second Amendment to the Interlocal Agreement between Palm Beach County and the City of Boynton Beach for the Purchase and Sale of Bulk Potable Water, there is no feasible alternative at this time. 35 of 273 RESOLUTION NO. R14- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING PAYMENT IN THE AMOUNT OF $98,526.25 TO D.R. HORTON, INC., FOR THE CONSTRUCTION OF AN EMERGENCY POTABLE WATER INTERCONNECT WITH PALM BEACH COUNTY WATER UTLITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 20, 2013, the City Commission approved a Second Amendment to the Interlocal Agreement between Palm Beach County and the City of Boynton Beach for the Purchase and Sale of Bulk Potable Water; and WHEREAS, Section 13.2 of the Second Amendment provides that the costs of design and construction of a new point of connection for an emergency potable water interconnect shall be equally shared between the County and the City; and WHEREAS, D.R. Horton, Inc., constructed the interconnect which is located at the southeast corner of Hypoluxo Road and Hypoluxo Farms Road for a total cost of $206,902.50 and which the City’s portion is $98,526.25; and WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve the payment to D.R. Horton, Inc., in the amount of $98,526.25 for the construction of an emergency potable water interconnect with Palm Beach County Water Utilities in accordance with the Second Amendment to the Interlocal Agreement between Palm Beach County and the City of Boynton Beach for the Purchase and Sale of Bulk Potable Water. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the payment to D.R. Horton, Inc., in the amount of $98,526.25 for the construction of 36 of 273 an emergency potable water interconnect with Palm Beach County Water Utilities in accordance with the Second Amendment to the Interlocal Agreement between Palm Beach County and the City of Boynton Beach for the Purchase and Sale of Bulk Potable Water. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of June, 2014. CITY OF BOYNTON BEACH, FLORIDA _____________________________ Mayor - Jerry Taylor _____________________________ Vice Mayor – Joe Casello _____________________________ Commissioner – David T. Merker ______________________________ Commissioner – Mack McCray _______________________________ Commissioner – Michael M. Fitzpatrick ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 37 of 273 38 of 273 39 of 273 40 of 273 41 of 273 42 of 273 43 of 273 44 of 273 45 of 273 46 of 273 47 of 273 48 of 273 49 of 273 50 of 273 51 of 273 52 of 273 53 of 273 54 of 273 6. C CONSENT AGENDA June 17, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 17, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION No. R14-049 - EQUESTED CTION BY ITY OMMISSION Authorize the City Manager to sign a Vendor Agreement with San Francisco Puffs and Stuff, Inc. th for concessionaire services for the 4 of July Event to be held at Intracoastal Park. San Francisco Puffs and Stuff will pay the City of Boynton Beach a fee of 25% of gross sales after sales tax. ER: XPLANATION OF EQUEST The Recreation and Parks Department requested that a Request for Quotation be th issued for Concessionaire Services for the July 4 Fireworks Event. Request for Quotation No. Q-050-2710-14/JMA was broadcast via Demandstar on April 30, 2014. The City received two qualified quotations; with San Francisco Puffs and Stuff, Inc. proposing the highest percentage of gross sales after sales tax. The City has utilized the services of San Francisco Puffs and Stuff for past events, i.e., GALA. The vendor will provide a minimum of eight professional food and beverage (to include beer and wine) vendors with snack carts to supplement vendor stands that will adequately serve an estimated 5,000 to 7,500 spectators. The vendor will also provide tables and chairs, site layout and set-up, and will provide their own power (quiet generators). H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Professional concessionaires provide services year round for activities and events in South Florida. They are able to organize food and beverage vendors, provide menus for individual events; layout and set up appropriate for the site; and secure the proper permits. 55 of 273 FI: ISCAL MPACT The City will realize a 25% profit from the sales of the food and beverage vendors. A: LTERNATIVES Since the City does not possess the staff or the expertise to cater an event of this size, this appears to be the only viable option at this time. 56 of 273 RESOLUTION NO. R14- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A VENDOR AGREEMENT WITH SAN FRANCISCO PUFFS AND STUFF, INC., FOR CONCESSIONAIRE TH SERVICES FOR THE 4 OF JULY EVENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Request for Quotation Q-050-2710-14/JMA was issued for th Concessionaire Services for the 4 of July Fireworks event; and WHEREAS , the City received two qualified quotations with San Francisco Puffs and Stuff, Inc., proposing the highest percentage of gross sales after sales tax; 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 approve a Vendor Agreement with San th Francisco Puffs and Stuff, Inc., for concessionaire services for the 4 of July Event to be held at Intracoastal Park and authorizes the City Manager to enter into a Vendor Agreement wherein the City will receive a fee of 25% of gross sales after sales tax. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve a Vendor Agreement with San Francisco Puffs and Stuff, Inc., for concessionaire th services for the 4 of July Event to be held at Intracoastal Park and authorizes the City Manager to enter into a Vendor Agreement wherein the City will receive a fee of 25% of gross sales after sales tax, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. 57 of 273 PASSED AND ADOPTED this _____ day of June, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Joe Casello ______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Mack McCray _______________________________ Commissioner – Michael M. Fitzpatrick ATTEST: _________________________ Janet M. Prainito, MMC, City Clerk (Corporate Seal) 58 of 273 59 of 273 60 of 273 61 of 273 62 of 273 63 of 273 64 of 273 65 of 273 66 of 273 67 of 273 68 of 273 69 of 273 70 of 273 71 of 273 72 of 273 6. D CONSENT AGENDA June 17, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 17, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the written report to the Commission for EQUESTED CTION BY ITY OMMISSION purchases over $10,000 for the month of May 2014. ER: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 XPLANATION OF EQUEST Exceptions to competitive bidding, Paragraph b, which states: “Further, the City Manager, or in the City Manager’s absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for May 2014: Purchase Order Vendor Amount 141013 Ten 8 Fire Equipment $ 10,477.02 141023 Applied Concepts, Inc. $ 10,922.50 141030 Grapeseeker $ 23,800.00 141035 Sensus Metering Systems $ 12,408.72 141075 Southeast Truck Specialist $ 24,906.97 H? Ordinance No.01-66, Chapter 2, OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled “Request for Purchases over $10,000” and each purchase 73 of 273 request is reviewed and approved by the Department Director, Finance Department, and City Manager. FI: This Ordinance provides the impact of reducing paperwork by ISCAL MPACT streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. A: None LTERNATIVES 74 of 273 6. E CONSENT AGENDA June 17, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 17, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the minutes from the Regular City EQUESTED CTION BY ITY OMMISSION Commission meeting held on June 3, 2014 The City Commission met on June 3, 2014 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. H? A record of the actions taken by OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 75 of 273 76 of 273 77 of 273 78 of 273 79 of 273 80 of 273 81 of 273 82 of 273 83 of 273 84 of 273 85 of 273 86 of 273 87 of 273 88 of 273 89 of 273 90 of 273 91 of 273 92 of 273 6. F CONSENT AGENDA June 17, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 17, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Award the bid for "EXTERIOR AND INTERIOR EQUESTED CTION BY ITY OMMISSION PAINTING OF SELECT BOYNTON BEACH MUNICIPAL BUILDINGS", Bid No. 036-2511- 14/JMA to West Florida Maintenance, Inc. of Palmetto, FL for the amount of $18,260. BIDAWARDPERIOD:J4,2014J3,2016 UNE TO UNE ER: XPLANATION OF EQUEST On April 30, 2014, Procurement Services opened nine (9) bids from painting contractors submitted in response to the advertised bid. All bids were reviewed for accuracy and references were checked by the Facilities Management Supervisor. The Facilities Management Division of Public Works recommends awarding to West Florida Maintenance as the lowest, most responsive and responsible bidder meeting all specifications of the bid. In the bid for the exterior painting of the Art Center ($6,000), the Intracoastal Park Clubhouse ($4,300), and the interior painting of the gymnasium in the Hester Center ($7,960), the bid documents specified a lump sum amount for the three buildings. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES The purpose of this bid was to secure the best, most economical painting services for exterior and interior painting of City Buildings. The painting will brighten and restore the appearance of buildings and fixtures that have been neglected due to budget constraints. 93 of 273 FI: Funding is currently budgeted in the Capital Improvement Plan as ISCAL MPACT follows:  Art Center Exterior Painting: 302-4106-572-62.01/RP1412 = $5,000  Intracoastal Park Clubhouse Exterior Painting: 304-4223-572-62.01/RP1402 = $45,000  Hester Center Gym Interior Painting: 304-4202-572-62.01/RP1403 = $40,000 A: Not approve bid award and direct staff to re-advertise. LTERNATIVES 94 of 273 95 of 273 96 of 273 97 of 273 98 of 273 99 of 273 100 of 273 101 of 273 102 of 273 103 of 273 104 of 273 105 of 273 106 of 273 107 of 273 108 of 273 109 of 273 110 of 273 111 of 273 112 of 273 113 of 273 114 of 273 115 of 273 116 of 273 117 of 273 118 of 273 119 of 273 120 of 273 121 of 273 6. G CONSENT AGENDA June 17, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 17, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the one-year extension for RFPs/Bids EQUESTED CTION BY ITY OMMISSION and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for June 17, 2014 - "Request for Extensions and/or Piggybacks". ER: XPLANATION OF EQUEST As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of bid solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the “Agenda Request Item” presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDOR(S) COMMODITY/SERVICE BID NUMBER RENEWAL TERM HY-BYRD, Inc. and Building Services and 044-2411-13/JMA July 3, 2014 to July G.F.A. International Plan Review Services 2, 2015 . 122 of 273 H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES This renewal report will be used for those bids, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. FI: Funds have been budgeted under line items as noted on the attached ISCAL MPACT report. A: Not approve renewals and require new bids to be issued. LTERNATIVES 123 of 273 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGYBACKS JUNE 17, 2014 REQUESTING DEPARTMENT: Development/Building DEPARTMENT CONTACT: Andrew Mack TERM: JULY 3, 2014 to JULY 2, 2015 VENDOR(S): HY-BYRD, Inc. and G.F.A. International, Inc. SOURCE FOR PURCHASE: RFP ACCOUNT NUMBER: 001-2411-524-49-17 DESCRIPTION OF BID EXTENSION: On July 2, 2013, City Commissioners approved a Professional Services Agreement for “Building Services and Plan Review Services” as a result of RFP No. 044-2411-13/JMA. HY-BYRD, Inc. of Lake Worth, FL was awarded as the primary vendor; and G.F.A. International, Inc. of Delray Beach, FL named secondary vendor for a one-year term on an “As Needed” basis. The RFP documents allow for three (3) one-year renewals subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. The Building Department has been very satisfied with the services delivered from the two firms. The two vendors listed above have agreed to extend the Agreement for an additional year with the same terms and conditions and pricing. **Development has estimated that the annual expenditure for the next fiscal year will be $50,000. The current fiscal year has expenditures of $90,000. to date due to personnel absence for extended sick leave. The anticipated expenditure for the remainder of this fiscal year is $100,000. for these professional services. REQUESTING DEPARTMENT: SOURCE FOR PURCHASE: DEPARTMENT CONTACT: ACCOUNT NUMBER(S): ANTICIPATED ANNUAL EXPENDITURE: VENDOR: TERM: DESCRIPTION OF BID EXTENSION: REQUESTING DEPARTMENT: SOURCE FOR PURCHASE: DEPARTMENT CONTACT: ACCOUNT NUMBER: VENDOR: ANTICIPATED ANNUAL EXPENDITURE: TERM: DESCRIPTION OF BID EXTENSION AND/OR PIGGYBACK: 124 of 273 6. H CONSENT AGENDA June 17, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 17, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the Letter of Agreement between the City EQUESTED CTION BY ITY OMMISSION and the Palm Beach County Supervisor of Elections to make repairs to the pathway on the northeast side of the Hester Center building. The City will invoice the Supervisor for the costs of the repairs. ER: The Meeting Room at the Hester Center is used as a polling XPLANATION OF EQUEST location. So as not to interfere with programming at the Center, voters access the building via the pathway on the northeast side of the building. It was determined that they pathway needed some repairs, and the Supervisor of Elections has funding available to cover the cost. The Supervisor will remit payment to the City with thirty (30) days of receipt of the City issued invoice. H? This will improve City programs as OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES this polling location provides a valuable service to our community. FI: None ISCAL MPACT A: Do not approve the Letter of Agreement. LTERNATIVES 125 of 273 LETTER OF AGREEMENT June 11, 2014 Ms. Susan Bucher Palm Beach County Supervisor of Elections 240 South Military Trail West Palm Beach, FL 33415 Dear: Ms. Bucher, City of Boynton This Letter of Agreement (“Agreement”) serves as an agreement between the BeachPalm Beach County Supervisor of , a Florida Municipal Corporation, (“City”) and the Elections (“Supervisor”), collectively referred to as the “Parties”. The Parties agree as follows: 1.The City owns and operates the Hester Center (the “Center”). 2.The Meeting Room at the Center is utilized as a polling location. 3.So as not to interfere with programming at the Center, voters access the Center by traversing across a pathway on the northeast side of the Center. 4.The City and Supervisor agree that the pathway is in need of repair. 5.The City prepared a Scope of Work and obtained three (3) price quotations for the repair Exhibit “A” of the pathway. A copy of the Scope of Work is attached hereto as . The low quote was provided by Talley Walker Services, Inc., a copy of which is attached Exhibit “B” hereto as . 6.The City agrees to issue a purchase order to have Talley Walker Services, Inc. complete the work. 7.The Supervisor agrees to pay for the costs of the repairs. 8.The City will invoice the Supervisor for the costs of the repairs. 9.Supervisor agrees and acknowledges that Supervisor shall remit payment to the City within thirty (30) days of receipt of the invoice. This Agreement, including all attachments, constitutes the entire agreement among the above named parties. No waiver, change, or modification in this Agreement is valid or binding unless agreed to in writing and signed by all parties. Each party warrants that it has the right to enter into this Agreement and to grant all the rights it has granted through it. This Agreement has been executed and delivered in, and shall be interpreted, construed and enforced pursuant to and in accordance with the laws of the State of Florida. All duties and obligations of the parties created hereunder are performable in Palm Beach County, Florida and Palm Beach County, Florida shall be the sole and exclusive venue for any litigation, special proceeding or other proceedings as between the parties that may be brought or arise out of or in connection with or by reason of this Agreement. 126 of 273 CITY OF BOYNTON BEACH a municipal corporation organized and existing under the laws of the State of Florida By: __________________________________ JERRY TAYLOR, Mayor ATTEST: City Clerk Approved as to form: ____________________________________ City Attorney PALM BEACH COUNTY SUPERVISOR OF ELECTIONS _________________________________ By:_______________________________ WITNESS SUSAN BUCHER _________________________________ WITNESS Corporate Seal _________________________________ SECRETARY STATE OF FLORIDA ) ) SS. COUNTY OF PALM BEACH ) 127 of 273 128 of 273 129 of 273 130 of 273 131 of 273 9. A PUBLIC HEARING June 17, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 17, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 14-009 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve amendment to the Land Development Regulations (LDR) modifying minimum floor area ratio (FAR) for projects zoned Mixed Use-High (MU-H). ER: The proposed amendment seeks to reduce the minimum XPLANATION OF EQUEST floor area (FAR) ratio from 2.5 to 2.0 for projects zoned MU-H in the Downtown Transit- Oriented Development (TOD) District. In June of 2013, the City Commission approved amendments to the Land Development Regulations (Ordinance 13-013) to create TOD provisions intended to guide development around the planned downtown train station for the future Tri-Rail Coastal Link commuter service. The amendments included additional standards for the mixed use zoning regulations, including the minimum density and intensity criteria for mixed use zoning districts within the Transit Core and Station Area, defined as a ¼ mile and ½ mile radius around the station, respectively. (The Station Area has been recently designated as the Downtown TOD District in the City Comprehensive Plan.) The current minimum FAR of 2.5 was arrived at by staff through the analysis of existing projects. Subsequently, in the course of work on TOD-related Comprehensive Plan amendments, staff reviewed recommendations provided by the Florida TOD Development Guidebook for three types of transit centers: “Regional,” “Community,” and “Neighborhood.” The subject request would bring the minimum FAR for MU-H district in line with the Guidebook’s recommendations for a Community Center, a model comparable to the intended scale of the Boynton Beach TOD District. 132 of 273 The Planning and Development Board recommended this request for approval on May 27, 2014. H? No impact on programs or services OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: None recommended LTERNATIVES 133 of 273 ORDINANCE NO. 14- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS TO MODIFY THE MINIMUM FLOOR AREA RATIO (FAR) FOR PROJECTS ZONED MIXED USE- HIGH (MU-H); PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , staff is proposing amendment to the Land Development Regulations (LDR) to reduce the minimum floor area (FAR) ratio from 2.5 to 2.0 for projects zoned MU-H in the Downtown Transit-Oriented Development (TOD) District; and WHEREAS, the current minimum FAR of 2.5 was arrived at by staff through the analysis of existing projects; and WHEREAS , in the course of work on TOD-related Comprehensive Plan amendments, staff reviewed recommendations provided by the Florida TOD Development Guidebook for three types of transit centers; and WHEREAS, the recommendation would bring the minimum FAR for MU-H district in line with the Guidebook’s recommendations for a Community Center, a model comparable to the intended scale of the Boynton Beach TOD District; and WHEREAS , the City Commission of the City of Boynton Beach deems it to be in the best interest of the citizens and residents of the City to amend the Land Development Regulations to amend provisions in the supplemental regulations for electric vehicles, amending definitions pertaining to electric vehicles and amending provisions for signs commonly associated with electric vehicles. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: . Section 1The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. 134 of 273 Section 2. The City of Boynton Beach Code of Ordinances, Part III, Land Development Regulations, is hereby amended by adding the words and figures in underlined type and deleting the words struck through in the attached Exhibit “A” Section 3. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 4. Authority is hereby given to codify this Ordinance. Section 5. This Ordinance shall become effective immediately. FIRST READING this ____ day of ____________, 2014. SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Joe Casello ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Mack McCray _______________________________ Commissioner – Michael M. Fitzpatrick ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 135 of 273 EXHIBIT A PROPOSED CHANGES C. Building and Site Regulations. 1. Building and Site Regulation (Table 3-21). MIXED USE, URBAN MU-L1 MU-L2 MU-L3 MU-H Lot Area, Minimum (acres): Public park: N/A N/A N/A N/A All other uses: 0.50 0.75 1 1 12 Lot Frontage, Minimum (feet): 100 100 150 200 Structure Height, Minimum 30 30 30 30 (feet): Maximum Building / Structure Height (HT), Density (DU), and Floor-Area-Ratio (FAR): Classification of project frontage on type of roadway: 1453, 14355, 6 HT DU FAR HT DU FAR HT DU FAR HT DU FAR 65 / 75 / 3.0/ 150/ 141415 Arterial: 45 20 1.0 30/40 2.0/2.5 40 80 4.0 333,15 100 100 3.5 125 Collector: 45 20 1.0 65 30/40 2.0/2.5 n/a n/a n/a n/a n/a n/a 4 Local Street: 45 20 1.0 45 30/40 2.0/2.5 n/a n/a n/a n/a n/a n/a 11 Build-to-line (feet): 10101010 Front abutting a public right-of-way 0 0 0 0 10101010 Rear: 0 0 0 0 10101010 Interior side: 0 0 0 0 Building Setbacks, Minimum 11 (feet): 12 Rear abutting: 7 8777 Residential single family: 25/ 0 25 25 25 99 Intracoastal waterway: 25 25 0 0 12 Side abutting: 7 7, 8777 Residential single family: 25/ 0 25 25 25 Usable Open Space, Minimum 13 2% (square feet): 1.May be reduced if frontage extends from right-of-way to right-of-way. 2.Minimum of 50 feet, if frontage is on a collector/local collector roadway. 3.For property abutting the MU-H district located west of US 1, the area of increases in height, density and FAR shall extend a distance of 100 feet from the MU-H zoning district line and shall require conditional use approval. For properties abutting the MU-H district located east of US 1, the area of increase for height shall extend a distance of 100 feet from the MU-H zoning district line and shall require conditional use approval; however, no increases in density and FAR are allowed. Must also have principal frontage on Arterial roadway. 4.Must also have frontage on local collector or higher roadway classification. 5.Max. height on any street frontage is 45 feet. Max. ht. on Intracoastal Waterway is 35 feet. Heights may require reduction where adjacent to a single- family zoning district where necessary to achieve the compatibility requirements of these regulations. 6.Max. height reduced to 125 feet for entire project where property abuts any MU-L or residential zoning district not separated by a right-of-way . 7.Plus one additional foot for each foot of height over 35 feet. 8.Where there is an intervening right-of-way of at least 40 feet. 9.Subject to permitting agency approval. 10.Buildings and structures shall be located no farther than zero (0) feet from the property line, excluding those instances where strict adherence hereto would cause visual obstructions to vehicular traffic, particularly within the triangular-shaped area of property formed by the intersection of two (2) rights-of-way. See Section 5.C.2 below for additional relief provisions from build-to-line requirements. 11.Listed eligible Historic structures are not required to meet these standards. 12.The ultimate setback is also a factor of height and application of the Sky Exposure Plane in accordance with Section 5.C.3 below. 13.Usable open space shall be required for all developments two (2) acres in size or larger. A minimum of two percent (2%) of the site shall be devoted to usable open space, consisting of plazas or public open space, excluding private recreation. See Ch. 4, Art. III, Sect. 8. for additional regulations. 14.Projects within the Transit Core shall have minimum densities as follows: MU-1 – 11; MU-2 – 20; MU-3 – 30 and MU-H – 40 dwellings per acre (except that minimum density for the MU-H District applies to projects located within the entire Station Area). 15.Projects within the Transit Core shall have a minimum F.A.R. as follows: MU-L3 – 1.75 and MU-H – 2.5 2.0 (except that minimum F.A.R. for the MU-H District applies to projects to be located within the entire Station Area). 136 of 273 The above Table 3-21 (attached as Exhibit A) is also replicated in the overview section (E. Mixed Use Urban Building and Site Regulations) as Table 3-4. However, the TOD amendments adopted in June 2013, which included changes to Table3-21 (adjusting parameters of mixed use zoning districts based on classification of project frontage and adding notes 14 and 15 regarding minimum densities and intensities), inadvertently did not add same to Table 3-4, an omission staff proposes to rectify in subject request (see Table 3-4, Exhibit B). 137 of 273 138 of 273 139 of 273 140 of 273 141 of 273 142 of 273 143 of 273 144 of 273 9. B PUBLIC HEARING June 17, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 17, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 14-006 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve request for 500 Ocean rezoning (REZN 14-001) of subject property from Mixed Use-High (MU-H) with expired Master Plan for 378 multi-family residential units plus retail to Mixed Use-High (MU-H) with a new Master Plan for 341 multi-family residential units plus retail and office, located at 101 South Federal Highway. Applicant: Thomas Heyden/ Morgan Boynton Beach LLC (TABLED ON 5/20/14) ER: According to the Land Development Regulations, a master XPLANATION OF EQUEST plan is an integral component of the rezoning application for a planned zoning district. Consequently, upon expiration of a master plan, a request for a new Master Plan requires a concurrent application for rezoning, even though the zoning designation currently on the property will remain the same. The property’s future land use classification is Mixed Use-Core (MU-C), allowing for the density and intensity of the proposed Master Plan. The requested zoning district, MU-H, is the only zoning district corresponding to the said MU-C land use category. Moreover, in terms of density and intensity, the new Master Plan represents relatively little change from the former plan that expired. The need for high density projects downtown has recently been amplified as the City continues planning efforts related to the establishment of the Downtown Transit- Oriented Development (TOD) District within a ½ mile radius of the intersection of Ocean Avenue and the Florida East Coast rail corridor. This intersection is the anticipated location of the station for the future Tri-Rail Coastal Link commuter service. The proposed rezoning with its mixed-use, high density Master Plan presents an opportunity 145 of 273 to become a catalyst for development in the Downtown TOD District where there is a need for more residents and more job-creating commercial uses to maximize potential benefits of an access to a regional transit system. The Planning and Development Board recommended this request for approval on May 27, 2014. H? No impact on City programs or OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES services FI: The project will generate approximately $348,000 of annual revenues in ISCAL MPACT ad valorem taxes and fire assessment. The total annual fees for water, sewer, storm water and refuse collection will be approximately $249,000. The necessary services can be provided within the existing capacity of the city departments providing these services: no additional capital outlays or increased staffing will be required. A: None recommended LTERNATIVES 146 of 273 ORDINANCE NO. 14-006 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF THOMAS HEYDEN OF MORGAN BOYNTON BEACH LLC, AMENDING ORDINANCE 02- 013 TO REZONE A PARCEL OF LAND LOCATED ON THE SOUTHWEST CORNER OF OCEAN AVENUE AND FEDERAL ND HIGHWAY, EXTENDING SOUTH TO SOUTHEAST 2 AVENUE TH AND WEST TO SOUTHEAST 4 STREET, AS MORE FULLY DESCRIBED HEREIN, FROM MIXED USE-HIGH (MU-H), 378 MULTI-FAMILY RESIDENTIAL AND RETAIL TO MIXED USE- HIGH (MU-H) 341 MULTI-FAMILY DWELLING UNITS, RETAIL AND OFFICE; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE . WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Thomas Heyden of Morgan Boynton Beach LLC, has filed a petition on behalf of the owner, Capstone Resdev LLC., to rezone a parcel of land more particularly described hereinafter; and WHEREAS, the City Commission, following required notice, conducted a public hearing to consider the rezoning and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS , the City Commission finds that the proposed rezoning is consistent with the Land Use described in the City’s Comprehensive Plan; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 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. 147 of 273 Section 2. The following described land located on the Southwest corner of Ocean ndth Avenue and Federal Highway, extending south to Southeast 2 Avenue and west to Southeast 4 Street, as more fully described herein, is hereby rezoned from Mixed Use-High (MU-H), 378 multi-family residential and retail to Mixed Use-High (MU-H), 341 multi-family dwelling units, retail and office: PORTIONS OF BLOCKS 7 AND 12, ORIGNAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. THND TOGETHER WITH PORTIONS OF SOUTHEAST 4 STREET, SOUTHEAST 2 AVENUE AND OCEAN AVENUE LYING ADJACENT TO SAID BLOCKS 7 AND 12, ORIGNAL TOWN BOYNTON, ACCORDING TO SAID PLAT. ST TOGETHER WITH PORTIONS OF SOUTHEAST 1 AVENUE LYING BETWEEN SAID BLOCKS 7 AND 12, NOW ST VACATED, AND A PORTION OF SOUTHEAST 1 PLACE LYING IN SAID BLOCK 7, NOW VACATED, ORIGINAL TOWN OF BOYNTON ACCORDING TO SAID PLAT. TOGETHER WITH A PORTION OF BLOCK 12, ORIGINAL TOWN OF BOYNTON (REVISED PLAT), ACCORDING TO THE PLAT THEREIF AS RECORDED IN PLAT BOOK 15, PAGE 18 OF SAID PUBLIC RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMERNCING AT THE INTERSECTION OF THE CENTERLINE OF OCEAN AVENUE WITH CENTERLINE OF FEDERAL HIGHWAY (STATE ROAD NO. 5, US HIGHWAY NO. 1) (100 FOOT RIGHT-OF WAY). THENCE NORTH 88’59’27” WEST ALONG SAID CENTERLINE OF OCEAN AVENUE, 50.01 FEET; THENCE SOUTH 00’02’09” WEST, 26.91 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00’02’09” WEST, 588.24 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 44’03’28” WEST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 44’49’08”, AN ARC DISTANCE OF 18.77 FEET TO THE POINT OF TANGENCY; THENCE NORTH 88’31’35” WEST, 313.23 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 19’05’54” EAST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 16.19 FEET, A CENTRAL ANGLE OF 49’54’09”, AN ARC DISTANCE OF 14.10 FEET; THENCE NORTH 00’02’09” EAST, 588.85 FEET; THENCE SOUTH 88’59’27” WEST, 166.51 FEET; THENCE NORTH 45’33’42” EAST, 4.32 FEET; THENCE SOUTH 88’59’27” EAST, 152.24 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 49’45’36”, AN ARC DISTANCE OF 20.84 FEET TO THE POINT OF BEGINNING. 148 of 273 A location map is attached hereto as Exhibit “A” and made a part of this Ordinance by reference. Section 3. That the Zoning Map of the City is amended to reflect this rezoning. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this _____ day of _______________, 2014. 149 of 273 SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Joe Casello ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Mack McCray ______________________________ ATTEST: Commissioner – Michael M. Fitzpatrick _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 150 of 273 151 of 273 152 of 273 153 of 273 154 of 273 155 of 273 156 of 273 157 of 273 9. C PUBLIC HEARING June 17, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 17, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve request for New Site Plan approval to EQUESTED CTION BY ITY OMMISSION construct 341 dwelling units within five (5) and six (6) story buildings, retail space and associated recreational amenities and parking on a 4.69-acre parcel located at 101 South Federal Highway. Applicant: John Wohlfarth, IBI Group. (TABLED ON 5/20/14 AND REQUEST TABLING TO JULY 1, 2014 SO FINAL ACTION IS TAKEN WITH REZONING ITEM) ER: Staff recommends that this item be presented along with the XPLANATION OF EQUEST th corresponding requests for rezoning (REZN 14-001) on June 17; however, action should be postponed until July 1, 2014 to be processed concurrent with second reading of the rezoning request. The site plan for the project should not be approved prior to formal action being taken on the rezoning and associated master plan for the site, and this timing will ensure that approval dates, if supported by the Commission, will be the same for the related application items. This item has been advertised and such formal postponement is necessary to maintain the validity of the legal notification process. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: None recommended. LTERNATIVES 158 of 273 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 14-006 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael W. Rumpf Director of Planning and Zoning FROM: Ed Breese Principal Planner DATE: April 13, 2014 PROJECT NAME: 500 Ocean (NWSP 14-002) REQUEST: New Site Plan for multi-family residential (rental apartments) consisting of 341 dwelling units within five (5) and six (6)-story buildings, retail space, and associated recreational amenities and parking on 4.69 acres. PROJECT DESCRIPTION Property Owner: Capstone Resdev LLC Morgan Boynton Beach LLC Applicant: John Wohlfarth, IBI Group Agent: 101 S. Federal Highway - SW corner of Federal Highway and Location: Ocean Avenue (see Exhibit “A” - Site Location Map) MXC (Mixed Use Core) Existing Land Use: Existing Zoning: MU-H (Mixed Use High) No change to land use proposed Proposed Land Use: No change to zoning proposed Proposed Zoning: 341 multi-family residential units (rental apartments) within five Proposed Use: (5) and six (6)-story buildings, retail space, and associated recreational amenities and parking. 4.69 acres (204,208 square feet) Acreage: Adjacent Uses: 159 of 273 North: Right-of-way for Ocean Avenue and farther north are developed properties zoned CBD (Central Business District); nd South: Right-of-way for Southeast 2 Avenue and farther south is a developed commercial plaza zoned C-3 (Community Commercial); East: Right-of-way for Federal Highway and father east is developed commercial properties zoned CBD (Central Business District); and th West: Right-of-way for Southeast 4 Street and farther west is developed commercial properties zoned CBD (Central Business District). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: Mr. John Wohlfarth, agent for Morgan Boynton Beach LLC, is requesting to construct 341 multi-family residential units (rental apartments) within five (5) and six (6)-story buildings, retail space, and associated recreational amenities and parking. The two (2) block site in the heart of downtown is currently vacant and has previously been approved for mixed use development. A previous project called The Arches was approved in 2003, and was subsequently awarded two (2) site plan time extensions. In 2005, a Major Site Plan Modification application was approved as filed by new owners of the property. According to the site plan staff report, The Arches was approved to include a total of 378 dwelling units and 40,596 square feet of retail space (consisting of retail, office, and restaurant uses). A height exception request was also approved for certain rooftop elements that concealed mechanical equipment (elevator shafts and stairwells) at a height of 167 feet, or 17 feet above the maximum height threshold of 150 feet. An alley and the sidewalks on three sides of the property were also abandoned as part of the project approval. The project subsequently received Site Plan Time Extensions in 2006 and 2007. A third Site Plan Time Extension was denied in 2008 due to lack of any action on the part of the developer, the absence of a timeline to begin and complete the project, and demonstration of project financing. ANALYSIS Concurrency: 160 of 273 Traffic: A traffic study was sent to the Palm Beach County Traffic Division for their review and information and they have responded that the project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards. The traffic study indicates the project would generate a total of 196 AM Peak Hour trips and 330 PM Peak Hour trips. School: The School District of Palm Beach County has confirmed that area schools have adequate capacity to accommodate the potential public school students who will reside in the proposed dwelling units with their families. The project is located within Concurrency Service Area 19. Utilities: The City’s water capacity, as increased through the purchase of up to five (5) million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. The applicant will be making several upgrades to utility lines in the vicinity of the project as part of the site development. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City’s review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. The developer will provide a drainage easement for conveyance of storm water through the drainage system located on their property and enter into an agreement to ensure future and perpetual maintenance/repair of the proposed relocated drainage system (see Exhibit “C” – Conditions of Approval). Access: Two (2) major points of ingress/egress are proposed for the th project, which are both located on SE 4 Street. The first is located near the northwest corner of the property and provides direct access to the surface parking lot immediately behind the retail buildings fronting Ocean Avenue. This access point also provides access into the parking garage. The second major ingress/egress point provides direct entry into the th parking garage and is located approximately mid-block on SE 4 Street. A minor driveway entrance/exit is provided mid-block on Federal Highway and serves as a drop-off location for the building’s main lobby/leasing center under a porte cochere. Lastly, an emergency egress path is provided at the east terminus of the surface parking lot located immediately behind the retail buildings fronting Ocean Avenue. Sidewalks, ranging in width from 6 to 14 feet, are provided completely around the site, with the vast majority of the sidewalk proposed to be minimum of 8 feet in width. Segments of the sidewalk along Ocean Avenue will be covered by an arcade. There are also three (3) separate 161 of 273 plazas proposed to encourage pedestrian interaction, with the first located at the NE corner of the site. This plaza is also intended to incorporate the art feature for the project. A second plaza is proposed between the retail buildings along Ocean Avenue and designed to be lined with an arcade around the edge and a large specimen tree located in a planter with a seat wall, in the center of the plaza. The third plaza is proposed at the NW corner of the site, along the west edge of the retail space. This plaza is intended to interact with the future rail stop across the street. Parking: Off-street parking for the MU-H zoning district requires 1.33 parking spaces for one-bedroom units and 1.66 parking spaces two (2) or more bedroom units. The project proposes 341 units (a mixture of one, two, and three bedrooms), which would require 515 parking spaces. Additionally, the code requires the provision of guest parking at a rate of 0.15 spaces per unit, which adds another 51 parking spaces to the total. The commercial space, which would allow a mix of retail and restaurant uses, requires one (1) parking space per 200 square feet of gross floor area. The site plan proposes 13,330 square feet of retail, thereby requiring an additional 67 parking spaces. The site plan also depicts the provision of 6,613 square feet of leasable office space, which would require 23 more parking spaces. Under this standard methodology for calculating required off-street parking spaces, a grand total of 656 parking spaces would be required. The site plan proposes 703 parking spaces, or an excess of 47 spaces. Regular parking space dimensions would conform to code requirements for the CRA of 9 feet by 18 feet for 90 degree parking. Handicap spaces would be dimensioned 12 feet by 18 feet. The applicant is proposing a seven (7)-story parking garage that would accommodate up to 664 vehicles, including 14 handicap spaces. The first floor of the structure would accommodate retail, office, and guest parking. The second level would also allow for guest parking up to the point of the security gates, then all other spaces on the second floor and up through the seventh floor would be designated for resident parking. The developer will be required to comply with the City’s residential parking requirements to ensure that the designated resident parking spaces are reserved for, and made available to the residents, so that there is no reason for residents to utilize guest and retail parking spaces. This requirement shall be monitored and enforced by the developer (see Exhibit “C” – Conditions of Approval). A surface parking lot is located immediately behind (south of) the commercial building proposed along Ocean Avenue. This parking area is designed to accommodate 34 parking spaces, including three (3) handicap accessible spaces. There are also five (5) surface parking spaces within the circular drive off of Federal Highway, at the lobby/leasing center entrance, including one (1) handicap accessible space. Lastly, the proposed site plan depicts the provision of four (4) parallel parking spaces along Ocean Avenue and ten (10) parallel spaces along Federal Highway, which are in excess of the total available parking (704 spaces) noted above. Staff notes that the parking and any landscaping proposed in the Federal Highway right-of-way is subject to FDOT approval 162 of 273 (see Exhibit “C” – Conditions of Approval), and that the provision of on- street parking is strongly promoted by staff, which will support the applicant’s efforts with FDOT. Landscaping: The Plant List (Sheet LA-13) indicates that the project would add a total of 185 canopy and palm trees, 4,273 shrubs, and 2,359 groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having “low” or “medium” watering needs in the South Florida Water Management’s “Waterwise” publication. The proposed tree species would include the following: Silver Buttonwood, Tabebuia and Yellow Elder trees. Palm species would include Royal, Foxtail, Alexandra, Bismark, Sabal, and Fishtail palms. Projects proposed in the Mixed Use High (MU-H) zoning district are subject to the “Streetscape Design” portion of the landscape code regulations. These code provisions recognize the desire for reduced building setbacks and encourage building placement abutting the street, thus creating an urban setting. The purpose of the “Streetscape Design” concept is to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches/seatwalls, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees and covered arcades to create the streetscape theme, with the lower landscape material placed mostly back, along the building foundation, in an effort to provide maximum clear pedestrian pathways. The applicant has worked with staff to provide the street trees and covered walkways necessary to meet the required 50% shaded sidewalk along all building frontages. The west building elevation is where the parking garage is located. Staff worked with the applicant to design this façade to incorporate as many of the architectural treatments from the remainder of the building to disguise its true purpose and integrate it in to the overall building design to the maximum extent feasible. While the applicant has done a commendable job in the design, staff requested a slightly denser planting scheme along this portion of the west elevation to better screen/buffer the parking structure. The landscape plan proposes 16 trees/palms within this approximately 200 foot segment, utilizing landscape material such as Silver Buttonwood and Tabebuia trees and Alexandra and Bismark palms. The two internal courtyard amenities are heavily planted with a variety of tropical landscape materials such as an assortment of palm trees, bromeliads, peace and crinum lilies, crotons, ti plants, schefflera and xanadu. The proposed building site totals 204,208.48 square feet or 4.69 Building and Site: acres, encompassing two (2) city blocks downtown, with street rights-of-way on each side of the property. The applicant is proposing 341 units, with the majority of the units located within the main six (6)-story building, and the balance of the units on floors 163 of 273 three (3) through five (5) above the retail/office building fronting on Ocean Avenue and the residential bridge over the surface parking, connecting back to the six (6)-story building and parking structure. The retail/office portion of the project totals 19,943 square feet and fronts on Ocean Avenue, with a portion of the retail space wrapping the corner of Ocean Avenue and Federal Highway, bordering the public plaza at the corner. The parking garage, as noted previously, has seven (7) levels of parking, with dedicated resident parking beginning, in part, on the second level, behind gate access and continuing to the top. Of the 341 residential units, 156 are one (1) bedroom, 162 are two (2) bedroom, and 23 are three (3) bedroom units. The units range in size from 747 square feet to 1,306 square feet under air. Each unit also has a balcony that either faces out towards the street or in towards the courtyards, ranging in size from 60 square feet to 235 square feet in size. Relative to the floor area ratio (FAR) regulations within the code, the Mixed Use High (MU-H) zoning district has a maximum FAR of 4.0. Last year, the code was amended (Ordinance 13-013) to also require a minimum FAR within the new Transit Oriented Development (TOD) regulations associated with the proposed passenger rail station location on the FEC Railway. The 500 Ocean project is located adjacent to the proposed train station, placing it within the “Transit Core” (1/4 mile radius of the station), which requires that new development have a minimum 40 dwelling units per acre (72.7 du/ac proposed) and a minumum FAR of 2.5, not including parking garage. The project as proposed has a FAR of 3.25 including the 221,100 square foot garage allocation. Once the garage is subtracted from the total project square footage, the FAR is 2.17. During the drafting of Ordinance 13-013, staff reviewed other mixed use projects constructed within the City to analyze and determine the appropriate minimum floor area ratio (FAR), in an effort to ensure the necessary density and intensity of any new development around the proposed rail station would support the mass transit initiatives and improve the vitality of downtown. Since the adoption of that ordinance, staff, in their continued collaboration with the Treasure Coast Regional Planning Council (TCRPC) and Florida Department of Transportation (FDOT), has reviewed a copy of the “Florida TOD Guidebook”, which establishes a framework for site specific densities and intensities based upon various transit modes. Based upon the different station types outlined within the guidebook, the proposed Boynton Beach train station would be classified as a Community Center, as opposed to a Regional Center or Neighborhood Center. As such, the guidebook indicates establishment of a minimum FAR of 2.0 for development around the commuter rail station. With this additional information, staff is proposing to amend the code (CDRV 14-001) to adopt a new minimum FAR of 2.0 simultaneously with the action on this site 164 of 273 plan. The proposed FAR of 2.17 associated with the new site plan would then meet this amended regulation. Staff’s review of this plan has reinforced it’s belief that the proposed FAR is in keeping with the vision for downtown development, as any project designed with similar density and FAR characteristics as the 500 Ocean project would have sufficient density and intensity to assist with the revitalization of the City core and support mass transit initiatives. Building Height: The maximum building height allowed in the Mixed Use High (MU- H) zoning district is 150 feet. The proposed building elevations depict the typical roof deck height of the residential building fronting ndth on Federal Highway, SE 2 Avenue and SE 4 Street ranging between 59’ and 59’-6”, with typical parapet walls at approximately 65’ and tower elements reaching to approximately 75’. On the Ocean Avenue side of the project, the typical roof deck is proposed at a height of 52’-4”, with typical parapet walls at approximately 57’ and tower elements reaching to approximately 66’. The garage th structure on the SE 4 street elevation is depicted with staggered and repeating parapet wall heights varying between 62’, 66’ and 69’. Setbacks: The MU-H zoning district requires no building setbacks, but rather a zero (0) build-to line. However, the building setbacks may be increased in areas where the intent is to 1) enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating areas; 2) optimize landscape design; 3) maximize on-site drainage solutions; and/or 4) accommodate architectural features and building enhancements. This requirement would apply to all building facades because the building fronts on four (4) streets. The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along Federal Highway, the proposed building setback varies along the length of the project, with a nine (9) foot setback from the retail building arcade at the NE corner of the site, to a staggered setback for the terraces ranging between 15 and 24 feet, and finally, a 14 foot setback to nd the porte cochere at the building lobby entry. Along SE 2 Avenue, the building and balcony/terraces range in setback from 6 feet to nearly 15 feet, with a few small building pockets without balcony/terraces, extending to a 24 foot setback. On the Ocean Avenue side of the building, the setback varies from nearly one (1) foot at one (1) of the arcades to slightly over 15 feet at certain points along the storefront windows and nearly 42 th feet to the arcade within the center plaza. Along NE 4 Street, the portion of the building containing residential units at the SW corner, ranges in setback from four (4) feet to eight (8) feet in the area of balcony/terraces, to a distance of approximately 18 feet where there are no balcony/terraces, and 24 feet along the length of the westernmost plaza area. Along the garage structure, the setback to the face of the wall is approximately 18 feet, with awnings attached to a majority of the façade, creating the impression of a setback of approximately 13 feet. As previously noted, the MU-H zoning district has zero (0) build-to line. The code provides for an allowance of up to a 15 foot deviation to provide the developer the opportunity to 1) enhance public spaces such as 165 of 273 sidewalks, plazas, fountains, or outdoor seating areas; 2) optimize landscape design; 3) maximize on-site drainage solutions; and/or 4) accommodate architectural features and building enhancements. Site plan submittals that exceed the allowed deviation require Community Design Appeal approval. A thorough review of the setbacks and site design was conducted by staff, who concluded that the vast majority of each building elevation met the requirement and where deviation are proposed, the underlying reason for the small deviations met other urban design criteria promoted by staff. These include 1) providing adequate distance from the street trees planted along the curb on Federal Highway to the face of the building, in order to allow for a full crown/canopy of the trees and to discourage harsh tree trimming to keep the trees off of the building; 2) providing for three (3) plazas along the perimeter of the retail component of the project, rather than one (1) larger plaza at the corner of Federal Highway and Ocean Avenue. The dispersion of plaza space allows for more intimate spaces and allows for a plaza area facing the proposed rail station to the west, and was requested by staff; and 3) providing a wider planting area along the west side of the garage structure to allow for a denser planting scheme against the façade to better screen this operation from off site, as requested by staff. Amenities: As noted above, the site has been designed with three (3) plazas along Ocean Avenue, the first of which is located at the NE corner of the site, at Federal Highway, and consists of 2,418 square feet, a seating wall, benches, trees and the proposed art feature. A second plaza is proposed mid-block on Ocean Avenue, between the two retail buildings and is 1,492 square feet in size. The third th plaza is located at the NW corner of the site, at SE 4 Street, adjacent from the future rail station, and consists of 2,236 square feet and is lined with palm trees. The project has also been designed with two (2) large interior courtyards for resident use. The southerly courtyard contains the community pool, covered pavillion, summer kitchen, hammocks and lush tropical landscaping. The northerly courtyard is designed as a large paver patio area with a covered pavillion, summer kitchen, outdoor seating, fire pit and lush tropical landscaping. The amenities located within the building include a club room, theater, fitness center, business center, cyber café, game room and interior bike storage. The developer will also be working with Palm Tran of Palm Beach County to determine if transit shelter is needed at this property. If it is determined one is needed, the shelter will be designed utilizing some of the architectural characteristics of the mixed use project. Design: The proposed building has a contemporary design with some Mediterrean architectural embellishments, featuring a smooth stucco finish, parapet roof, barrel tile mansard roof and tower features, decorative cornices and banding, modulation of the facades, balconies with decorative aluminum railing, building score lines, some arched windows and openings, decorative medallions, stone veneers and trims, decorative brackets, decorative trellises, canvas awnings, decorative grilles, arcades and an earthtone color palette. 166 of 273 Lighting: The photometric plan (Sheet LG-1) includes 54 freestanding pole light fixtures, all of which would be 15 feet in height and designed to match the poles and light fixture design the City has already adopted along the Casa Costa and Boynton Promenade projects, a block away from this site. The poles and fixtures would be constructed of cast aluminum, black in color and the light fixtures would have a flat lens to ensure the on-site illumination would not “spill over” onto adjacent properties and rights-of-way as required by code. There are spot readings in excess of the maximum 5.9 foot-candles allowed, however these locations are fully contained within the internal courtyards, with no external impact. Signage: Site and building signage has not been finalized and a Sign Program will need to be approved for the site prior to requesting any sign permits for the site (see Exhibit “C” – Conditions of Approval). Public Art: The project is subject to the Art in Public Places requirement, and the applicant has been in discussions with the Public Arts Administrator regarding the art and its placement. The proposed location is depicted in the plaza at the corner of Federal Highway and Ocean Boulevard. According to the proposed construction estimates, the project would have an art budget of approximately $416,000. RECOMMENDATION Staff has reviewed this request for a new site plan and recommends APPROVAL, subject to satisfying all comments indicated in Exhibit “C” – Conditions of Approval. Any additional conditions recommended by the Board or the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\500 Ocean\NWSP 14-002\Staff Report.doc 167 of 273 168 of 273 169 of 273 170 of 273 171 of 273 172 of 273 EXHIBIT “C” Conditions of Approval Project Name: 500 Ocean File number: NWSP 14-002 rd Reference: 3 review plans identified as a New Site Plan with a April 15, 2014 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Prior to TCO, CO , and/or acceptance of any offsite improvements the required five (5) foot minimum unobstructed sidewalk easement for public access adjacent to NE 4th Street, SE 2nd Avenue, and Ocean Avenue must be recorded and dedicated to the City. Also provide a written acknowledgement that all sidewalks located within the dedicated easements will be maintained by the developer and/or property owner. 2. A Developer’s Agreement will be required to ensure future and perpetual maintenance of street lighting used to illuminate public thnd right of way by developer. (Ocean Avenue, SE 4 Street, SE 2 Avenue, and Federal Highway). 3. Please provide decorative and removable bollards on Fire Department access area to prevent motorists from driving over the curb at entrance to plaza from surface parking. 4. Please provide an updated traffic study with current data from recent submittal. (i.e. – additional square footage of Retail and Office space). 5. Please clarify the proposed and required number of handicap parking spaces associated with commercial/retail on sheet A0.1. 6. Sheet A1.1 indicates a 10 foot high trellis at the leasing center handicap parking. Please increase trellis clearance to allow for van accessible handicap parking. 7. Please clarify location of unobstructed sidewalk easement at Plaza #3; i.e. – at grade landscape planters. 8. Section D-D on sheet C5.0 does not appear to match plans regarding location of property line. Please correct. nd 9. Proposed easement along SE 2 Avenue adjacent to ROW shall be extended to property line to include all improvements up to and including 5 feet of sidewalk. 10. Please depict location of 5’ sidewalk easement on all cross sections on sheet C5.0. 11. On sheet C4.0, the location of proposed fire hydrant is obstructed by text at Plaza #2. Please correct. 173 of 273 DEPARTMENTS INCLUDE REJECT 12. On sheet A1.1, please clarify limits of raised covered terrace in between Retail #2 and Plaza #1. Plans do not clearly depict the clear pedestrian access along Ocean Avenue. 13. Proposed landscape planter would be located within 12 foot utility easement for 12 inch water main east of Retail #3 and Plaza #1. Please correct. 14. Based on the traffic study and peak hour traffic patterns the Developer is responsible for modifying the intersection of Ocean th Avenue and SE 4 Street from a four way stop condition to allow for free flow of traffic along Ocean Avenue to prevent vehicles from stacking at railroad crossing. 15. Please provide narrative with the intentions on how staging and storage will be handled during the construction process. 16. No TCO and/or CO will be issued until 1) at least 50% of the retail space has received a Certificate of Completion as a vanilla shell box or 2) City staff agrees to an alternative to the requirement which insures the retail space will be constructed along with the residential and garage buildings. 17. Please provide typical cross section for retail parking and typical ndth cross sections at property lines located on SE 2 Avenue, NE 4 Street, and Ocean Avenue. 18. Please provide a cross section detailing how drainage adjacent to buildings will be protected and access provided for future maintenance. 19. Please provide drainage easement for conveyance of storm water through drainage system located on private property. Also an agreement in a form acceptable to the City will be required to ensure developer’s future and perpetual maintenance/repair of relocated drainage system located on private property for conveyance of storm water. 20. Please provide written consent from all utility owners from the abandoned rights-of-way if the utility infrastructure is to remain. Please be sure to include language that allows buildings to be located on top of any utility infrastructure. 21. Please provide fire flow calculations demonstrating a minimum fire flow of 1,500 gpm at 20 psi. 22. The fee for water quantity will be calculated by multiplying the total square footage of impervious area for the site by $0.18/sf. Per the Code, this fee must be paid prior to the issuance of the building permit for new construction and/or redevelopment in the Downtown Watershed. 174 of 273 DEPARTMENTS INCLUDE REJECT 23. Capital facilities charge credits will be available for the pipelines that are oversized in accordance with the provisions of Chapter 26 of the City’s Code of Ordinances. The estimates for these additional utility installations are detailed in the attached Exhibit 1, which breaks down the utilities by segment and the responsible parties. Actual cost will be determined by contractor pricing at time of permit issuance. 24. There are a total of 48 existing trees on the site. The Landscape Architect should create a Tree Management Plan sheet depicting existing trees and whether they are to be preserved in place, relocated or removed. 25. The 29 existing Coconut Palm, 4 Royal Palms, 4 Foxtail Palms, 2 Washington Palms, 1 European Fan Palm and 1 Pygmy Date Palm should be relocated to green spaces on the site or coordinated with the City to be relocated offsite to a public property. The 2 existing Ligustrum trees, 2 Pink Tabebuia trees, 1 Black Olive tree, 1 Gumbo Limbo tree, and 1 Tropical Almond tree should be relocated to green spaces on the site or coordinated with the City to be relocated offsite to a public property. 26. Please indicate the total diameter inches of existing trees on the site to be removed and replaced (if applicable) on the site. The replacement trees should be shown by separate symbol on the formal landscape plan sheet. 27. There should be created a “Height and Spread” column showing the sizes of all of the shrubs and shrub areas plantings. Additionally, there should be a landscape notes & details sheet that includes a shrub and shrub areas planting detail indicating where the height and spread of the shrubs and groundcover plants will be measured at time of planting and inspection. 28. As discussed during the previous DART meeting, staff expressed concern over tree roots creating future issues with the sidewalks and pavers. Staff continues to recommend the use of planting cells (i.e. Silva Cells) to allow for the planting of trees in tight spaces, while preserving the longevity of the infrastructure placed above and within close proximity of the trees. This will also assist in the health and longevity of the trees themselves. FIRE Comments: 29. All previous items addressed. POLICE Comments: 30. All previous items addressed. 175 of 273 DEPARTMENTS INCLUDE REJECT BUILDING DIVISION Comments: 31. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART (Development Application Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 32. At time of permit review, please submit signed and sealed working drawings of the proposed construction. 33. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where other sources are readily available. At time of permit review, submit separate surveys of each lot, 34. parcel, or tract. Pursuant to approval by the City Commission and all other 35. outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 36. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City’s GIS Division, and the Palm Beach County Emergency 911. a. Palm Beach County Planning, Zoning & Building Division, 2300 N. Jog Road, West Palm Beach, Florida 33411- 2741(Sean McDonald – 561-233-5016) b. United States Post Office, Boynton Beach (Michelle Bullard – 561-734-0872) 37. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads of 170 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7 and the provisions of 2010 FBC, Section 1609 (Wind Loads). 38. Buildings three-stories or higher shall be equipped with an automatic sprinkler system per F.S. 553.895. Fire protection plans and hydraulic calculations shall be included with the building plans at the time of permit application and shall comply with Chapter 9 of the FBC. 176 of 273 DEPARTMENTS INCLUDE REJECT 39. A minimum of 2% of the total parking spaces provided for the dwelling units covered under the FFHA shall be accessible and comply with the requirements of the act. Accessible parking spaces shall be equally distributed for each type of parking provided, e.g. surface parking, parking structures, etc. per Title 24 CFR, Part 100.205. 40. Compliance with regulations specified in the FFHA, Design and Construction Requirements, Title 24 CFR, Part 100.205, is required. 41. At the time of permit review, submit details of reinforcement of walls for the future installation of grab bars as required by the FFHA, Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall comply. 42. This structure meets the definition of a threshold building per F.S. 553.71(7) and shall comply with the requirements of F.S. 553.79 and the CBBA to the 2010 FBC, Sections 110.3.7.1 through 110.3.7.6. The following information must be submitted at the time of permit application: A The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. B All shoring and re-shoring procedures, plans and details shall be submitted. C All plans for the building that are required to be signed and sealed by the architect or engineers of record shall contain a statement that, to the best of the architect’s or engineer’s knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.S. Section 633. 43. All dwelling units in the building shall comply with the requirements of the Federal and Florida Fair Housing Acts. 44. On Sheet A-0.3, Detail #10, Site Plan Enlargement, please show the handicap accessible route from the handicap parking space to the front entrance at the porte cochere. 45. On Sheet A-1.1, the accessible route from the sidewalk on the east side of the main entrance to the residential building appears to contain a set of steps located by the accessible parking space. Please clarify. 46. Sheet A-0.3 and A-1.1, one handicap parking space is required for the retail structured parking, per 2010 FBC, Accessibility, Section 208.2 and Table 208.2. 47. A total of three accessible van parking spaces are required per the 2010 Florida Accessibility Code Section 208.2.4, 502.2. 48. Sheet A-1.1, passenger loading zones shall comply with Section 209 of the 2010 FBC, Accessibility. 49. Storage areas in the garage and the residential building shall be separated from adjacent spaces by fire rated construction, per Table 508.4 of the 2010 FBC. 177 of 273 DEPARTMENTS INCLUDE REJECT 50. Please submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2010 FBC, Table 705.8. 51. Please show the building setback distances from the leading edge of the buildings to the centerline of each roadway. The required fire rating of all exterior walls shall comply with Table 602 of the 2010 FBC, based on fire separation distance. 52. The building wall on the north side of Plaza #1 shall be of 1 hour fire rated construction due to the setback dimension of 26’-2” and the type of construction, per the 2010 FBC Table 602. 53. Please provide the building setback dimension from the center line of Ocean Avenue to the face of the exterior wall of Retail #2. The exterior wall of Retail #2 may be required to be fire rated construction, in accordance with Table 602 of the 2010 FBC. 54. The exterior wall of the residential building on the southwest corner shall be of 1 hour fire rated construction due to the setback dimension of 29’-4” and the type of construction, per the 2010 FBC Table 602. 55. The exterior wall of the residential building on the south side shall be of 1 hour fire rated construction due to the setback dimension of 25’-8” and the type of construction, per the 2010 FBC Table 602. 56. The corridors in the residential area shall be fire rated per the 2010 FBC, Section 1018.1, Table 1018.1 and Section 709. 57. Sheet HS-6, the cabana and covered pavilion shall comply with the Federal and Florida Fair Housing Act. 58. All exterior amenities (fire pit, summer kitchen, corn hole lawn, pool, etc.) shall comply with the Federal and Florida Fair Housing Act. PARKS AND RECREATION Comments: 59. The Recreation Impact Fee for the project is $202,895, based upon 341 multi-family dwelling units multiplied by $595 per unit, and shall be paid at time of permit application. PLANNING AND ZONING Comments: 60. It is the applicant’s responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004 and an affidavit provided to the City Clerk, including posting signs on the property. 178 of 273 DEPARTMENTS INCLUDE REJECT 61. Please provide Podocarpus hedge landscaping along the FPL nd transformer box on SE 2 Avenue to screen it from the r-o-w, th similar to the planting scheme for the transformer along SE 4 Street. 62. At time of permitting, please provide a design detail of the benches and trash receptacles for staff review and approval. The design should coordinate with building design and materials. 63. A Sign Program will ultimately be required for all building signage prior to issuance of building permits. 64. The subject site is located along Palm Tran Bus Route 1. Staff recommends installation of an upgraded transit shelter, designed to match the architecture of the building, and located in the immediate vicinity of the ingress/egress driveon Federal Highway for the office/amenity portion of the building. Should Palm Tran provide a letter indicating their desire not to have a transit stop at your property, this requirement will be waived. 65. The developer will be required to comply with the City’s residential parking requirements to ensure that the designated resident parking spaces are reserved for, and made available to the residents, so that there is not a need for residents to utilize guest and retail parking spaces. This requirement shall be monitored and enforced by the developer. 66. Please know that on-street parking is supported by this Division, and that parking and any landscaping proposed in the Federal Highway right-of-way is subject to FDOT approval. 67. The proposed landscape planter in the sidewalk along Federal Highway and in front of Retail #3, should not bisect the sidewalk into two (2), four (4) foot wide segments. Please consider moving the trees westerly, close to the end wall caps between each set of stairs leading to the plaza, and placing tree grate around the base of each tree, to maximize the pedestrian pathway. 68. Please eliminate the landscaping proposed along the curb in front of Retail #2 and extending easterly to the plaza, in order to provide a wider pedestrian walk. The landscape plan depicts a second layer of landscape material along a majority of this distance, which makes the plantings along the curb unnecessary. 69. Please eliminate the foundation landscaping proposed along the storefront of Retail #1 and replace it with a large potted plant container on either side of each storefront entry, in order to provide a wider pedestrian walk and to remove any separation between the pedestrian and the storefront windows. 70. At time of permitting, ensure the light fixture detail indicate the use of a flat lens and not a sag lens. 179 of 273 DEPARTMENTS INCLUDE REJECT 71. The Retail #3 building appears disproportionate and slightly out of scale with the balance of the buildings, as well as lacking some of the architectural enhancements. Staff recommends providing further enhancements to the roof of this structure, such as the placement of the aluminum picket railing and columns on the top of the parapet wall on the three (3) outward facing sides. 72. The redesign of the NE corner of the site does not appear to have established a “focal point” for the project, as indicated in the applicant’s responses to previous staff comments submitted with the revised drawings. Consider a more pronounced architectural design beginning at the base and extending along the facades up to the roof, with accentuated (i.e. raised and unique geometric shaped) roof design or features that attract attention and create identity. Staff continues to support the idea of possibly tying together the plaza art feature with the building elements. 73. The color elevations indicate “Accent Color B” as “Copper Wire” and the building elevations themselves appear to portray the color as three (3) different shades. It is unclear whether this is due to shadowing, the color printer, or is intentional and the other colors simply were not listed in the color schedule. As part of the review, staff actually prefers the slightly softer color depicted at the porte cochere. Our color wheel is slightly older, but we would suggest colors in the range of SW6353 “Chivalry Copper”, SW6360 “Folksy Gold”, or SW6361 “Autumnal”, which match up well with the color depicted for the porte cochere. COMMUNITY REDEVELOPMENT AGENCY Comments: 74. Existing overhead utility lines along the rights-of-way should be buried to improve the appearance of the development. 75. On the plan submittal cover sheet and elevation sheet there appears to be two different shades of accent color “B” shown either intentionally or unintentionally. Our preference would be the lighter of these shades as we feel the visual impact would less objectionable to the CRA Board but understand the architect’s intention for accent. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\500 Ocean\ NWSP 14-002\COA.doc 180 of 273 181 of 273 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 500 Ocean (NWSP 14-002) APPLICANT: Thomas Hayden, Morgan Boynton Beach LLC APPLICANT’S ADDRESS: 650 S. Northlake, Suite 450, Altamonte Springs, FL 32701 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 1, 2014 APPROVAL SOUGHT: New site plan approval for a mixed use project consisting of 341 dwelling units within five (5) and six (6)-story buildings, retail space, and associated recreational amenities and parking, zoned MU-H (Mixed Use High). LOCATION OF PROPERTY: 101 S. Federal Highway, SW corner of Federal Highway and Ocean Avenue. DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval 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 approval 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 approval 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 request is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 above. ___ 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:__________________________ _____________________________________________ 182 of 273 City Clerk S:\Planning\SHARED\WP\PROJECTS\500 Ocean\NWSP 14-002\DO.doc 183 of 273 10. A CITY MANAGER’S REPORT June 17, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 6/17/2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Informational report on the current status of the EQUESTED CTION BY ITY OMMISSION Stormwater Program with status information on areas that flooded as requested. ER: XPLANATION OF EQUEST In January 2014, the City experienced over 20 inches of rain which caused hazard and structural flooding in several areas of the City. The Utility Department has investigated each of these areas to determine the root cause of the flooding and which agency is responsible for any mitigation that is required. Projects to improve the drainage for flooded areas that are the City’s responsibility have been added to the Utility Capital Improvement Program. The report details the flooding events and status of each project along with several policy issues for discussion that may require future action by the Commission H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES The City’s Stormwater Utility program provides funding for projects to improve the City owned portion of the stormwater management system within the City limits. Improving systems that are substandard will lower the risk of flooding during large rain events and improve the quality of life for the citizens of Boynton Beach. 184 of 273 FI: ISCAL MPACT The current estimate for all of the projects that have been added to the CIP is $4,400,000 for the conceptual design estimate. Staff is developing more detailed plans and estimates which will refine this cost estimate. A: LTERNATIVES Several alternatives to address the issues outside the City ownership are presented in the technical report. Other options include delaying the projects to correct deficient drainage or redirecting the stormwater utility funds to other projects. 185 of 273 186 of 273 187 of 273 188 of 273 189 of 273 190 of 273 191 of 273 192 of 273 193 of 273 194 of 273 195 of 273 196 of 273 13. A LEGAL June 17, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 17, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 14-008 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Approve and adopt the update to the Community Redevelopment Plan (Heart of Boynton sub-plan) ER: The update to the Community Redevelopment Plan (Heart XPLANATION OF EQUEST of Boynton sub-plan) is presented to City Commission for formal adoption. At their meeting of May 13, 2014, the Community Redevelopment Agency Board adopted the plan by unanimous vote. The City Commission must conduct a public hearing as a condition of adopting an amendment to the Plan following publication of a notice on the newspaper. H? The Community Redevelopment OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Plan (Heart of Boynton sub-plan) was adopted in December of 2001. While many of the recommendations within the plan have been accomplished such as the N. Seacrest Boulevard streetscape project, the redevelopment of the Wilson Center (Carolyn Sims Center), the redevelopment of half of the former Boynton Terrace site into 21 single family homes, numerous new infill homes constructed and more rehabilitated and the removal of two nuisance convenience stores, there still remains work to be completed. As part of the Strategic Planning process, it was recommended that the Community Redevelopment Plan (Heart of Boynton sub-plan) be reviewed for potential updates and amendments to ensure its relevancy in today’s marketplace. A public meeting was held on October 24, 2013 to gauge the neighborhood resident’s feelings about such topics as height, density, progress and new potential projects for the community. 197 of 273 During the workshop, the participants used I-Clickers to rank their likes or dislike of various proposed projects and land use changes. The overall consensus of participants was positive to the proposed projects. Newly proposed projects include the Model th Block at NW 10 Avenue, a single-family in-fill project, the Cottage District between NE thth 4 and 5 Avenues which will replicate many of the historic styles present in the th community, Ocean Breeze East at NE 6 Avenue which will become a new multi-family development on CRA owned property. Also recommended and supported during the meeting was an overall increase in density east of N. Seacrest Boulevard. This is to support the future development of a Downtown Transit-Oriented Development (TOD) District. However, the community continues to support keeping the single-family nature west of N Seacrest Boulevard. The community continues to support commercial redevelopment on Martin Luther King, Jr. Blvd. at the eastern and western nodes along with multi-family residential development in the center of the block. An additional recommendation of the Update Plan is the expansion and retention of the light industrial area north of E. Boynton Beach Boulevard, from the FEC tracks extending west to NE 2nd Street. This is consistent with the original plan’s desire to create jobs for area residents. The plan also calls for a transitional area of multi-family ndst between NE 2 Street to NE 1 Street. The updated plan is attached for review. FI: N/A ISCAL MPACT A: Do not adopt the updated plan. LTERNATIVES 198 of 273 ORDINANCE 14-008 A ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING AND ADOPTING THE UPDATE TO THE COMMUNITY REDEVELOPMENT PLAN (HEART OF BOYNTON SUB-PLAN) TO INCORPORATE AMENDMENTS AND UPDATES TO ENSURE ITS RELEVENACY IN TODAY’S MARKETPLACE; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS , Florida Statute 163.361 provides for amendment or modification of a Community Redevelopment Plan; and WHEREAS , the Community Redevelopment Agency Board has reviewed and conducted a public hearing regarding the update to the Community Redevelopment Plan (Heart of Boynton sub-plan); and WHEREAS , the City Commission of the City of Boynton Beach, Florida finds that the update to the Community Redevelopment Plan will further advance the intent, purpose, and goals of the Community Redevelopment Agency as contemplated by the Community Redevelopment Act of 1969. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMISSION OF THE CITY OF BOYNTON BEACH FLORIDA, THAT: Section 1. Each "Whereas" clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach Florida approves and adopts the updated Community Redevelopment Plan (Heart of Boynton sub-plan), a copy of which is attached hereto and made a part hereof as Exhibit “A”. Section 3. Each and every other provision of the Code of Ordinances not herein specifically amended shall remain in full force and effect as previously enacted. Section 4. All ordinances or parts of ordinances in conflict herewith be and the same 199 of 273 are hereby repealed. Section 5. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 6. This ordinance shall become effective immediately upon its passage and adoption. FIRST READING this 3r day of June, 2014. SECOND, FINAL READING AND PASSAGE this ________ day of ______________, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Joe Casello ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Mack McCray _______________________________ Commissioner – Michael M. Fitzpatrick ATTEST: _______________________ Janet M. Prainito, MMC City Clerk (CORPORATE SEAL) 200 of 273 201 of 273 202 of 273 203 of 273 204 of 273 205 of 273 206 of 273 207 of 273 208 of 273 209 of 273 210 of 273 211 of 273 212 of 273 213 of 273 214 of 273 215 of 273 216 of 273 217 of 273 218 of 273 219 of 273 220 of 273 221 of 273 222 of 273 223 of 273 224 of 273 225 of 273 226 of 273 227 of 273 228 of 273 229 of 273 230 of 273 231 of 273 232 of 273 233 of 273 234 of 273 235 of 273 236 of 273 237 of 273 238 of 273 239 of 273 240 of 273 241 of 273 242 of 273 243 of 273 244 of 273 245 of 273 246 of 273 247 of 273 248 of 273 249 of 273 250 of 273 251 of 273 252 of 273 253 of 273 254 of 273 255 of 273 256 of 273 257 of 273 258 of 273 259 of 273 13. B LEGAL June 17, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 17, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 14-010 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve the removal of Garage Sale Permit requirements. ER: City Commission granted a one year suspension of XPLANATION OF EQUEST issuance of Garage Sale permits on June 18, 2013. During this one year period, staff has monitored complaints related to Garage Sale activity and noted no change or intensification of activities in violation of the existing restrictions. Therefore, we request to remove the requirement for Garage Sale permits. Restrictions limiting the number of garage sales to two occurrences per residence per year will remain. H? Residents will continue to be able OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES to hold Garage Sales without a permit. FI: N/A ISCAL MPACT A: Do not remove the permit requirement. LTERNATIVES 260 of 273 ORDINANCE NO. 14-010 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE REMOVAL OF GARAGE SALE PERMIT REQUIREMENT FROM THE CODE OF ORDINANCES, CHAPTER 13, ARTICLE II; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS , on June 18, 2013 the City Commission granted a one year suspension of issuance of Garage Sale Permits; and WHEREAS, during this one year period, staff has monitored complaints related to Garage Sales activity and noted no change or intensification of activities in violation of the existing restrictions; and WHEREAS , staff is recommending removal of the requirement for a Garage Sale Permit; and WHEREAS, the City Commission has considered the recommendations and has determined and finds that it is in the best interest of the citizens and residents of the City of Boynton Beach, Florida to remove the requirement for a Garage Sale Permit. 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 are now ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach desires to remove the requirement for Garage Sale Permits from the City’s Code of Ordinances, Chapter 13, Article II. Section 3. Each and every other provision of the City of Boynton Beach Code of Ordinances not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. 261 of 273 Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. This Ordinance shall become effective immediately. {remainder intentionally left blank} 262 of 273 FIRST READING this ___ day of ___________, 2014. SECOND, FINAL READING AND PASSAGE this _____ day of ________, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Joe Casello ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Mack McCray _______________________________ Commissioner – Michael M. Fitzpatrick ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 263 of 273 264 of 273 265 of 273 13. C LEGAL June 17, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 17, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE 14-011 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve Ordinance prohibiting flying of model aircraft, flying devices and helicopters over City owned land, streets, roads, canals and waterways. ER: Unless regulated and monitored, model aircrafts, helicopters XPLANATION OF EQUEST and other flying devices can be very dangerous not only for the operator, but also for the general public. This type of recreational activity is best enjoyed in an area that includes ample buffering, is designed to accommodate flying objects, and where there are resources available to ensure operators have the appropriate training and experience. Palm Beach County has a park facility that accommodates this type of special activity which Boynton Beach residents can use. H? This will not affect city programs or OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES services. FI: Signage will cost approximately $100 ISCAL MPACT A: Do not approve proposed ordinance. LTERNATIVES 266 of 273 ORDINANCE NO. 14-___ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART II, CHAPTER 15 OF THE CITY CODE OF ORDINANCES ENTITLED “OFFENSES - MISCELLANEOUS”, ARTICLE V, “AIRCRAFT LANDING REGULATIONS” BY CREATING A NEW SECTION 15-72 ENTITLED “MODEL AIRCRAFT, FLYING DEVICES, AND HELICOPTERS PROHIBITED”; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS from time to time the City’s staff reviews its Code of Ordinances to determine whether such ordinances may be made more efficient; and WHEREAS, City staff has reviewed Part II, Chapter 15 of the Code of Ordinances and determined that the practice of flying model aircraft, flying devises and helicopters over City owned land, streets, roads, canals and water-bodies should be prohibited; and WHEREAS , upon the recommendation of staff, the City Commission deems it to be in the best interest of the citizens and residents of the City to amend Part II, Chapter 15 of the Code of Ordinances such that the practice of flying model aircraft, flying devises and helicopters over City owned land, streets, roads, canals and water-bodies should be prohibited. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a part of this Ordinance. Section 2 . Part II, Chapter 15, of the City Code of Ordinances “Offenses - Miscellaneous”, Article V, “Aircraft Landing Regulations”, creating a new Section 15-72, “Model aircraft, flying devices and helicopters prohibited” as follows: Sec. 15-72. Model aircraft, flying devices and helicopters prohibited. 267 of 273 (a)It shall be unlawful for any person to launch, land, or operate any motor powered model aircraft, flying device or helicopter in or over the airspace of any City property, including city parks, city owned land, streets, roads, canals, water-bodies, or rights of way. (b)It shall be unlawful for any owner or lessee of real property located within the City of Boynton Beach to permit any motor powered model aircraft, flying device or helicopter to launch, land, or operate in, on, or over real property within the City jurisdictional boundaries. (c)Violations of this section are enforceable and subject to penalties as provided in Section 15- 10.7 of this code. Section 3 . City Staff is authorized to take all steps necessary to effectuate the intent of this ordinance. Section 4 . It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Boynton Beach, Florida. The Sections of this Ordinance may be renumbered, re lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. Section 5 . All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 6 . If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and effect. Section 7 . This Ordinance shall become effective upon adoption. FIRST READING THIS ___ DAY OF __________________, 2014. SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2014. CITY OF BOYNTON BEACH, FLORIDA __________________________________ Mayor – Jerry Taylor 268 of 273 _______________________________ Vice Mayor –Joe Casello _______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Mack McCray ________________________________ Commissioner – Michael M. Fitzpatrick ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 269 of 273 14. A FUTURE AGENDA ITEMS June 17, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 17, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Receive report from City lobbyist on 2014 EQUESTED CTION BY ITY OMMISSION Legislative Session and discuss goals for 2015 - July 1, 2014 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 270 of 273 14. B FUTURE AGENDA ITEMS June 17, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 17, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Beginning July 7, 2014, City Hall hours of operation EQUESTED CTION BY ITY OMMISSION will be Monday through Friday, 8 a.m. to 5 p.m. ER: Beginning July 7, 2014 the hours of operation for City Hall XPLANATION OF EQUEST will be 8 a.m. to 5 p.m., Monday through Friday, to continue providing high quality customer service to the City’s residents and customers. H? Citizens and customers will have OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES access to municipal services and staff during weekdays, Monday through Friday. FI: ISCAL MPACT A: LTERNATIVES 271 of 273 14. C FUTURE AGENDA ITEMS June 17, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 17, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Budget Workshop dates/times for FY 14/15 EQUESTED CTION BY ITY OMMISSION Operating and Capital Budget - Monday – 7/21/14 Beginning at 2:00 p.m.; Tuesday – 7/22/14 Beginning at 10:00 a.m.; Wednesday – 7/23/14 Beginning at 2:00 p.m. (if needed) in City Library Program Room. ER: Staff has scheduled the FY 14/15 Budget Workshops to XPLANATION OF EQUEST take place Monday through Wednesday, July 21 – 23, 2014. They will take place in the City’s Library Program Room : Monday – 7/21/14 Beginning at 2:00 p.m. Tuesday – 7/22/14 Beginning at 10:00 a.m. Wednesday – 7/23/14 Beginning at 2:00 p.m. (if needed) The Workshops will be advertised as Special Meetings per Sunshine Law. This will allow the Commission to adopt a Tentative Millage Rate for FY 2014/15 as well as the Preliminary Fire Assessment Rate Resolution. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 272 of 273 14. D FUTURE AGENDA ITEMS June 17, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: June 3, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Discuss zoning density in Districts II and III - TBD EQUESTED CTION BY ITY OMMISSION th ER: At the May 6 City Commission meeting, Commissioner XPLANATION OF EQUEST Merker requested a zoning density discussion in Districts II and III be added to the Future Agenda. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 273 of 273