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Agenda 08-19-14 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, AUGUST 19, 2014 5:30 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 579 1. OPENINGS A. Call to order - Mayor Jerry Taylor A closed-door session of the City Commission is scheduled for 5:30 p.m. on August 19, 2014 to discuss pending litigation in the following case: YMANNE LAURENT, Plaintiff vs. CITY OF BOYNTON BEACH, Defendant. Case No. 502013CA012688XXXXMB (slip & fall) B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner McCray 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. Consider the recommendations of the Financial Advisory Committee (FAC) presented by Steven Grant, FAC Chair. B. Save the date for the FEMA Flood Map Public Open House to be held on Monday, September 8, 2014 from 4:00 p.m. to 7:00 p.m. at the Boynton Beach City Library in the Library Program Room, located at 208 S. Seacrest Boulevard, Boynton Beach, FL. C. Announce the date change of the first meeting in September from Tuesday, September 2nd to Wednesday, September 3rd. D. Public Budget Hearing dates/times to adopt FY 14/15 Budget, Millage Rate and Fire Assessment: Wednesday – 9/3/14 Beginning at 6:30 p.m., First Public Budget Hearing to Adopt FY 14/15 Proposed Budget; Thursday – 9/11/14 Beginning at 6:00 p.m., Special Commission Meeting to Adopt Final Fire Assessment Resolution; Tuesday – 9/16/14 Beginning at 6:30 p.m., Second Public Budget Hearing to Adopt Final Millage Rate and FY 14/15 Final budget; All meetings will be held in City Hall Commission Chambers. 3 of 579 E. Announce the Primary Election will be held on Tuesday, August 26, and the Early Voting Period will be Monday, August 11 to Sunday, August 24. The Ezell Hester, Jr. Community Center will be one of the fourteen locations in Palm Beach County at which people can vote early, and will be open from 10 am to 6pm daily. 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 alternate 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 alternate Historic Resource Preservation Board: 2 alternates Library Board: 1 alternate Recreation and Parks Board: 1 alternate 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 PROPOSED RESOLUTION NO. R14-071 A. - Authorize the City Manager to execute an Agreement with Paddleawaysports.com Inc. for a concession to provide kayak lessons, rentals and tours from a portion of the designated property at the back of Intracoastal Park, for a monthly rental fee of $150. B. Approve reduction of the performance bond #09065362 that was submitted by D.R. Horton, Inc. in the amount of $412,211.80 by the amount of $391,601.21 for the completion of the paving, grading, and drainage improvements in association with the Estates of Heritage project. C. Approve the Bid for "ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES" Bid # 063-1412-14/MFD to the lowest, most responsive, responsible bidders meeting all specifications to the following three (3) companies as a Primary, Secondary and Third vendor: Ferguson Enterprises (Primary), Fortiline (Secondary) and HD Supply (Third). These items will be 4 of 579 ordered on an "AS NEEDED" basis and the estimated annual expenditure is $65,000. D. Approve the Bid for "ANNUAL SUPPLY OF PIPE FITTINGS AND ACCESSORIES" Bid # 064-1412-14/MFD to the lowest, most responsive, responsible bidders meeting all specifications to the following four (4) companies as a Primary, Secondary and two (2) Third vendors: Ferguson Enterprises (Primary), Fortiline (Secondary), HD Supply (Third) and Marilfow (Third). These items will be ordered on an "AS NEEDED" basis and the estimated annual expenditure is $99,000. E. Accept the written report to the Commission for purchases over $10,000 for the month of July 2014. F. 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 August 19, 2014 - "Request for Extensions and/or Piggybacks". G. Award the bid for "The Replacement of Three Air Conditioning Systems at the Intracoastal Clubhouse" to Cedars Electro-Mechanical, Inc. of Lake Worth, Florida in the amount of $47,537.00. H. Approve the minutes from the Regular City Commission meeting held on August 5, 2014 7. BIDS AND PURCHASES OVER $100,000 A. Approve the employee group benefits insurance programs for fiscal year 2014- 2015 and authorize City Manager to execute required documents for the following policies per the Request for Proposal for "Fully Insured: Group Medical, Dental, Life, and Long Term Disability Insurance" RFP No. 048-1610- 14/JMA: PROPOSED RESOLUTION NO. R14-072 (1) - Approve and authorize the City Manager to execute an agreement with CIGNA Healthcare for City's Group Medical Insurance for the plan year October 1, 2014 thru September 30, 2015; PROPOSED RESOLUTION NO. R14-073 (2) - Approve and authorize the City Manager to execute an agreement with CIGNA Healthcare for City's "Fully Insured Dental Plan" for the plan year October 1, 2014 thru September 30, 2015; PROPOSED RESOLUTION NO. R14-074 (3) - Approve and authorize the City Manager to execute required documents with The Hartford Group for the City's "Life and Accidental Death & Dismemberment and Group Long Term Disability Insurance Plans" for the contract term October 1, 2014 thru September 30, 2017. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 5 of 579 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. 14-013 - FIRST READING - PUBLIC A. HEARING - Approve High Ridge Landing PUD rezoning (REZN 14-002) from a PUD (Planned Unit Development) with the Master Plan for 110 single-family homes, to a PUD to be combined with adjacent property to the north, establishing a Master Plan consisting of 184 apartments, the Imagine Charter School and athletic fields, located at the NW corner of High Ridge Road and Miner Road. Applicant: Ron Roan, High Ridge Housing, LLC. PROPOSED ORDINANCE NO. 14-014 - FIRST READING - PUBLIC HEARING - Approve High Ridge Landing PUD rezoning (REZN 14-002) from R-2 (Single and Two-Family Residential District) to a PUD to be combined with adjacent property to the south establishing a new Master Plan consisting of 184 apartments, the Imagine Charter School and athletic fields, located at the NW corner of High Ridge Road and Minor Road. Applicant: Ron Roan, High Ridge Housing, LLC. NOTE: THE SECOND AND FINAL PUBLIC HEARING OF THESE ORDINANCES WILL BE SEPTEMBER 3, 2014. B. Approve a Major Site Plan Modification (MSPM 14-002) to allow construction of 184 multi-family rental units (High Ridge Landing) consisting of eight (8) two- and three-story apartment buildings, amenity area, and related site improvements at the northwest corner of High Ridge Road and Miner Road, on 8.44 acres within a PUD (Planned Unit Development) zoning district. Applicant: Ron Roan of High Ridge Housing, LLC. NOTICE: FOLLOWING THE CLOSE OF PUBLIC COMMENTS, FINAL ACTION WILL BE TABLED TO THE SEPTEMBER 3, 2014 MEETING SO THAT FINAL ACTION IS TAKEN CONCURRENTLY WITH FINAL ACTION ON THE ACCOMPANYING REZONING ITEM. PROPOSED ORDINANCE NO.14-015 - FIRST READING - PUBLIC C. HEARING - Approve request for The Women’s Circle rezoning (REZN 14-003) of subject property from C-3 (Community Commercial) to C-2 (Neighborhood Commercial), located at 910-918 SE 4th Street. Applicant: Sr. Lorraine Ryan, The Women's Circle, Inc. NOTE: THE SECOND AND FINAL PUBLIC HEARING OF THIS ORDINANCE WILL BE SEPTEMBER 3, 2014. D. Approve a Major Site Plan Modification (MSPM 14-003) to allow expansion of an existing Social Service Agency (The Women's Circle) from 1,150 square 6 of 579 feet to 5,731 square feet, consisting of a one-story addition of 4,581 square feet and related site improvements, located at 910-918 SE 4th Street. Applicant: Sister Lorraine Ryan, The Women's Circle, Inc. NOTICE: FOLLOWING THE CLOSE OF PUBLIC COMMENTS, FINAL ACTION WILL BE TABLED TO THE SEPTEMBER 3, 2014 MEETING SO THAT FINAL ACTION IS TAKEN CONCURRENT WITH FINAL ACTION ON THE ACCOMPANYING REZONING ITEM. PROPOSED ORDINANCE NO.14-016 - FIRST READING - PUBLIC E. HEARING - Approve request for Family Dollar rezoning (REZN 14-004) of portion of subject property from R-2 (Single- and Two-Family Residential District) to C-2 (Neighborhood Commercial District), located at 1010 N. Seacrest Boulevard. Applicant: Paul Tremblay, BOOS Redevelopment Group Ltd. NOTE: THE SECOND AND FINAL PUBLIC HEARING OF THIS ORDINANCE WILL BE SEPTEMBER 3, 2014. F. Approve request for New Site Plan to construct a one-story, 8,136 square foot retail building and related site improvements, on a 0.80-acre parcel located at 1010 North Seacrest Boulevard. Applicant: Paul Tremblay, Boos Development Group, Inc. NOTICE: FOLLOWING THE CLOSE OF PUBLIC COMMENTS, FINAL ACTION WILL BE TABLED TO THE SEPTEMBER 3, 2014 MEETING SO THAT ACTION IS TAKEN CONCURRENT WITH FINAL ACTION ON REZONING ITEM. G. Approve request for Community Design Plan Appeals (CDPA 14-001 & 14-002) in conjunction with the request to construct a one-story, 8,136 square foot retail building and related site improvements, on a 0.80-acre parcel located at 1010 North Seacrest Boulevard. Applicant: Paul Tremblay, Boos Development Group, Inc. NOTICE: FOLLOWING THE CLOSE OF PUBLIC COMMENTS, FINAL ACTION WILL BE TABLED TO THE SEPTEMBER 3, 2014 MEETING SO THAT FINAL ACTION IS TAKEN CONCURRENTLY WITH FINAL ACTION ON THE ACCOMPANYING REZONING ITEM. 10. CITY MANAGER’S REPORT A. Boynton Beach Utilities Monthly Operations Report to Commission for August 2014. 11. UNFINISHED BUSINESS None 7 of 579 12. NEW BUSINESS None 13. LEGAL PROPOSED ORDINANCE NO. 14-012 - SECOND READING - PUBLIC A. HEARING - Approve the "Emergency Medical Services Ordinance" to establish the new fee structure and rates for Emergency Medical Transport services by Boynton Beach Fire Rescue Department PROPOSED ORDINANCE NO 14-017- FIRST READING B. - Approve request to amend Part II, Chapter 14 of the City Code of Ordinances entitled "Motor Vehicles and Traffic", by creating a new section 14-12 entitled "Curbstoning", regulating the purchase and sale of motor vehicles from individuals other than a dealer; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. PROPOSED ORDINANCE NO. 14-018 - FIRST READING C. - Approve amendments to Code of Ordinances Part II, Chapter 13 "Licenses", renaming the application review to "Business Use Certificate" and clarifying inspection process and fees associated with "Certificate of Use and Occupancy." PROPOSED ORDINANCE NO. 14-019 - FIRST READING D. - Amending Article IV, Chapter 18 of the Boynton Beach Code of Ordinances entitled Pensions for Firefighters. PROPOSED ORDINANCE NO. 14-020 - FIRST READING E. - Approve amendment to the Land Development Regulations, Chapter 4, Article 5, Sections 3, 4 and 5 inserting Flexible Parking Provisions Promoting Smart Growth (CDRV 14-002) through the addition of reduced parking ratios and eligibility criteria for projects justifying lower parking needs and accommodating, in part, fuel efficient vehicles, EV charging stations, incentives for use of mass transit and ride sharing. Applicant: City-initiated. AMENDED RESOLUTION NO. R14-075 F. - Restating date of budget adoption public hearings PROPOSED RESOLUTION NO. R14-076 G. - Approve ratification of new Collective Bargaining Agreement for Officer and Detective bargaining unit. 14. FUTURE AGENDA ITEMS A. Discuss impact of pending legislation legalizing restricted use of medical marijuana. TBD B. Hear presentation from All Aboard Florida - 9/3/14 C. Public Works to bring forward an ordinance revising monthly refuse charges to single-family and multi-family residences to be effective 9/03/14 - TBD 8 of 579 D. Staff report on Human Rights Council's request for City to update its non- discrimination policy and offer domestic partnership benefits. - September 16, 2014 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'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 9 of 579 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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: Consider the recommendations of the Financial EQUESTED CTION BY ITY OMMISSION Advisory Committee (FAC) presented by Steven Grant, FAC Chair. ER: This presentation provides a summary to the City XPLANATION OF EQUEST Commission of the Committee’s City Services Citizen Survey and recommendations for the Commission’s consideration. The Chair will discuss the Committee’s recommendations and items that were reviewed. Committee Members: Steven Grant, Chair Fakhry (Ed) Boulos Dolores Schlesselman David Yankovich H? The recommendations of the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Financial Advisory Committee propose cost savings alternatives to consider in connection with City services. FI: The fiscal impact on the budget for FY 2014-15 cannot be determined ISCAL MPACT at this time for each of the topics studied. A: None LTERNATIVES 10 of 579 11 of 579 12 of 579 13 of 579 14 of 579 15 of 579 16 of 579 17 of 579 18 of 579 19 of 579 20 of 579 21 of 579 22 of 579 23 of 579 24 of 579 25 of 579 26 of 579 27 of 579 28 of 579 29 of 579 30 of 579 31 of 579 32 of 579 33 of 579 34 of 579 35 of 579 36 of 579 37 of 579 38 of 579 39 of 579 40 of 579 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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: Save the date for the FEMA Flood Map Public EQUESTED CTION BY ITY OMMISSION Open House to be held on Monday, September 8, 2014 from 4:00 p.m. to 7:00 p.m. at the Boynton Beach City Library in the Library Program Room, located at 208 S. Seacrest Boulevard, Boynton Beach, FL. ER: The City of Boynton Beach will be hosting the FEMA Flood XPLANATION OF EQUEST Map Public Open House to be held on Monday, September 8, 2014 in the Boynton Beach City Library in the Library Program Room. This meeting will give residents the opportunity to look up their properties on the revised flood maps, speak with FEMA representatives, as well as representatives from the insurance industry, Palm Beach County and the City of Boynton Beach. There will be engineers and building officials on hand to answer questions about the flood maps and flood zones. FEMA will also have an appeals and comment station for residents. There will be three other Public Open House sites in different parts of Palm Beach County:  September 9, 2014 at the Palm Beach county Hearing Room Chamber at 2300 N. Jog Road, West Palm Beach, FL from 4:00 p.m. – 7:00 p.m.  September 10, 2014 at the Belle Glade Civic Center/Palm Beach Co. Library at th 725 NW 4 Street, Belle Glade, FL from 4:00 p.m. – 7:00 p.m.  September 11, 2014 at the Jupiter Community Center at 200 Military Trail, Jupiter, FL from 4:00 p.m. – 7:00 p.m. 41 of 579 H? Hosting the FEMA Public Open OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES House makes it convenient for Boynton Beach residents to view the revised Flood Maps and get important information that could possibly affect their property and insurance. FI: N/A ISCAL MPACT A: Not to allow the announcement. LTERNATIVES 42 of 579 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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: Announce the date change of the first meeting in EQUESTED CTION BY ITY OMMISSION ndrd September from Tuesday, September 2 to Wednesday, September 3. ER: Staff is requesting the date of the first meeting in September XPLANATION OF EQUEST ndrd be changed from Tuesday, September 2 to Wednesday, September 3 in order to hold the First Public Hearing on the proposed FY 14/15 Budget in accordance with the Truth in Millage (TRIM) calendar. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: LTERNATIVES 43 of 579 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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: Public Budget Hearing dates/times to adopt FY EQUESTED CTION BY ITY OMMISSION 14/15 Budget, Millage Rate and Fire Assessment: Wednesday – 9/3/14 Beginning at 6:30 p.m., First Public Budget Hearing to Adopt FY 14/15 Proposed Budget; Thursday – 9/11/14 Beginning at 6:00 p.m., Special Commission Meeting to Adopt Final Fire Assessment Resolution; Tuesday – 9/16/14 Beginning at 6:30 p.m., Second Public Budget Hearing to Adopt Final Millage Rate and FY 14/15 Final budget; All meetings will be held in City Hall Commission Chambers. ER: Public Meetings have been scheduled to adopt the FY 14/15 XPLANATION OF EQUEST Budget and Millage, and to adopt the FY14/15 Fire Assessment. They will be held in the City Hall Commission Chambers: Wednesday – 9/3/14 6:30 p.m. First Public Budget Hearing to Adopt FY 14/15 Proposed Budget Thursday – 9/11/14 6:00 p.m. Special Commission Meeting to Adopt Final Fire Assessment Resolution Tuesday – 9/16/14 6:30 p.m. Second Public Budget Hearing to Adopt Final Millage Rate and FY 14/15 Final Budget The Meetings will be advertised per Sunshine Law. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 44 of 579 3. E ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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: Announce the Primary Election will be held on EQUESTED CTION BY ITY OMMISSION Tuesday, August 26, and the Early Voting Period will be Monday, August 11 to Sunday, August 24. The Ezell Hester, Jr. Community Center will be one of the fourteen locations in Palm Beach County at which people can vote early, and will be open from 10 am to 6pm daily. ER: To provide Boynton Beach residents information regarding XPLANATION OF EQUEST the Early Voting Period and location. H? The meeting room at the Hester OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Center will not be available for programming during this period. FI: None ISCAL MPACT A: Do not make the announcement. LTERNATIVES 45 of 579 46 of 579 5. A ADMINISTRATIVE August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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 alternate 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 alternate Historic Resource Preservation Board: 2 alternates Library Board: 1 alternate Recreation and Parks Board: 1 alternate 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 47 of 579 48 of 579 49 of 579 6. A CONSENT AGENDA August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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. R14-071 - EQUESTED CTION BY ITY OMMISSION Authorize the City Manager to execute an Agreement with Paddleawaysports.com Inc. for a concession to provide kayak lessons, rentals and tours from a portion of the designated property at the back of Intracoastal Park, for a monthly rental fee of $150. AGREEMENTTERM:A10,2014A9,2015 UGUST THROUGH UGUST ER: XPLANATION OF EQUEST The City entered into an Agreement with Paddleawaysports.com Inc. in August 2013 to provide the public with kayak lessons and provide kayaks for rent from a non-motorized launch area in Intracoastal Park. Paddleawaysports.com Inc. paid the City a fee of $100.00 per month for one year. Paddleawaysports.com Inc. and the City would like to renew the Agreement for another year for the agreed concessionaire fee of $150.00 per month. The Security Deposit from Paddleawaysports.com Inc. will increase to $75.00; the current security deposit is $50.00. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Independent concessionaires allow the City to offer a variety of services to the public without the program costs associated with a City operated venue. FI: ISCAL MPACT Paddleawaysports.com Inc. will pay the City a fee of $150.00 per month and for this renewal year, will provide quarterly financial reports to the City Manager and the Director of Recreation and Parks. 50 of 579 A: LTERNATIVES Not enter into Agreement with this vendor. 51 of 579 RESOLUTION NO. R14-071 A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING A VENDOR CONCESSION LEASE AGREEMENT WITH PADDLEAWAYSPORTS.COM INC. TO PROVIDE KAYAK LESSONS, RENTAL AND TOURS FROM INTRACOASTAL PARK; AUTHORIZING EXECUTION OF THE AGREEMENT AND PROVIDING AN EFFECTIVE DATE . WHEREAS , the City Commission of the City of Boynton Beach, upon recommendation of staff finds it in the best interest of the City to enter into a Vendor Concession Lease Agreement with PADDLEAWAYSPORTS.COM INC. to provide kayak rental, lessons, and tours from Intracoastal Park for a one year term. 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 approve a Vendor Concession Lease Agreement with PADDLEAWYSPORTS.COM INC. a copy of which is attached hereto as Exhibit “A”. Section 3. The City Manager and City Clerk are authorized to execute the Provider Agreement with CIGNA HealthCare. Section 4. That this Resolution shall become effective immediately upon passage. th PASSED AND ADOPTED this 19day of August, 2014. 52 of 579 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) 53 of 579 VENDOR LEASE AGREEMENT FOR KAYAK CONCESSION INTRACOASTAL PARK THIS AGREEMENT , made and entered into this day of 2014, by and between the CITY OF BOYNTON BEACH, FLORIDA, hereinafter referred to as “CITY”, and DEAN ERNST, hereinafter referred to as “LESSEE” WHEREAS , the City of Boynton Beach and Paddleawaysports.com Inc. desire to enter into this Lease Agreement; and, WHEREAS , the City agrees to Lease to Paddleawaysports.com Inc. for the use of kayak lessons, rentals, and tours a portion of the designated property located at the Intracoastal Park for the purposes set forth herein; and, WHEREAS , the Lease Agreement does not preclude the City or public from also using the devised property located at the Intracoastal Park; and, NOW, THEREFORE , the parties hereto for the promises and covenants herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged state as follows: The City and Lessee agree that, for consideration as provided for herein, the parties shall have certain rights and obligations. Those rights and obligations are set out as follows: 1. Contract Objectives The CITY shall grant to the LESSEE, as an independent contractor, the exclusive right and the LESSEE shall accept from the CITY the exclusive right to operate within the designated City facility (hereinafter “Premises”): A. Kayak lessons, rentals, and tour for the daily use of residents and visitors to Intracoastal Park. B. LESSEE shall perform and provide all labor, materials, equipment, and supplies necessary to perform such services. All materials, equipment and supplies shall be maintained in accordance with industry standards. C. LESSEE shall adhere to all other applicable City, county, state, and federal regulations. 2. Leasehold Premises CITY agrees to lease to LESSEE a portion of the designated CITY facility located at the Intracoastal Park and more particularly described, as “The non-motorized watercraft launch area at the rear of the Park” ("Premises"). 3. Term of Lease 54 of 579 AUGUST 10, This Lease Agreement has a term of one (1) year, beginning on 2014 unless sooner terminated as otherwise provided in Section 8 of this Agreement. Upon the mutual consent of the CITY and the LESSEE and a determination by CITY of adequate performance, and upon the same terms and conditions, this Agreement may be extended for an additional term of one year. The extension shall be evidenced by an Extension of Agreement, approved by the City Commission of CITY, and executed by the parties. 55 of 579 4. Compensation monthly$150.00. The LESSEE agrees to pay the CITY a rental fee of Said st payment shall be made in advance and received by the City on or before the 1 day of each and every month. A late fee in an amount of 15% the monthly rate th will be charged each month for payments received after the 5 day of each month. Failure to pay monthly fees in accordance with this section constitutes grounds for termination of the Lease agreement by CITY. 5. Insurance A. The LESSEE agrees to indemnify and save harmless the CITY, its agents, employees, and volunteers from all suits, claims, damages, and actions of any kind or nature of injury arising out of the acts, omissions and negligence LESSEE, its agents, servants, employees, contractors and suppliers, arising out of its operation under this Lease Agreement. B. The LESSEE shall secure and maintain for the duration of this Lease the following insurance coverages: 1. Comprehensive general liability in the minimum amount of One Million ($1,000,000) Dollars per occurrence and One Million ($1,000,000) Dollars aggregate for personal injury; and One Million ($1,000,000) Dollars per occurrence/aggregate for property damage. The liability policy shall specifically name the City as additional insured. 2. Property damage to the full insurable value of all property involved in the Lease Agreement. 3. Workers Compensation Insurance in full compliance with the State of Florida Workers Compensation Law. 4. Fire, Theft, Vandalism and Extended Coverage in a sufficient amount to insure LESSEE for such loss to its own equipment and that of its suppliers which LESSEE shall elect to place or install on the Premises. Such a policy shall contain standard waiver of subrogation clause and a certificate of such endorsement shall be furnished to the CITY. C. All policies of insurance shall be issued by insurance companies licensed to do business in the State of Florida and having a Best policy-holder rating of A or better and a Best financial rating of AA+ or better. All policies shall contain an endorsement providing the Risk Manager of the CITY at least thirty (30) days prior written notice in advance of any material alteration of cancellation of said policies. Certificates of Insurance shall be provided to the Risk Manager of CITY prior to the commencement of the term of this Lease Agreement. 56 of 579 6. General Conditions A. LESSEE shall pay CITY a security deposit in the amount of Seventy-five Dollars ($75.00) prior to the effective date of this Lease agreement, which will be returned to LESSEE at the end of the Lease term, without interest, upon a determination by the CITY Recreation and Parks Director that LESSEE fulfilled all terms of the Lease and left the Premises in the same condition as the Premises were in at the beginning of the Lease term, normal wear and tear excepted. B. The LESSEE shall be open for operation Five (5) days per week under the following schedule: 9:00 A.M. to 6:00 P.M. This schedule shall be strictly adhered to by LESSEE. Exact times of opening and closing may have seasonal variations if approved by the City Manager. Hours of operation shall be consistent and strictly adhered to by LESSEE. C. Assignment. The LESSEE shall not assign or transfer its rights and privileges granted under this lease agreement, either in whole or in part, without first obtaining the written consent of the City Manager. D. Destruction of Premises. In the event that the concession site is destroyed or damage by fire or other casualty so as to render untenable, the Lease Agreement shall be suspended until such time as the premises are rendered again tenable. If the CITY elects not to render the premises tenable again, it shall notify the LESSEE and, upon furnishing such notice, this Lease Agreement shall be terminated. E. Compliance with Laws. LESSEE shall, in the performance of the services contemplated in this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances, rules, and regulations in any way applicable to the services to be rendered under this Agreement. F. Exclusivity. The CITY shall not operate any additional competing concessions at the Intracoastal Park or at any additional adjacent property acquired by the CITY without the LESSEE’s approval and without the LESSEE having the first option as to additional operations. The CITY reserves the right as themselves or any organization granted powers as their agent to sell food and beverages for special community event programs of short duration (one to three days each) as scheduled by the CITY. G. Waiver of Damages. The LESSEE hereby expressly waives any and all claims for compensation for any and all damage sustained by reason of any defect, deficiency, or impairment of the water supply system, drainage or heating systems, steam pipes, electrical wires leading to the concession areas, or by reason of any loss resulting from failure of any water supply, heat or current which may occur from time to time from any cause, or for any loss resulting from water; for any loss, damage or claim resulting from the cancellation, interruption or termination by the CITY for 57 of 579 any reason of any event scheduled for public or private attendance at the concession site; and the LESSEE hereby expressly releases and discharges the CITY and its agents from any and all demands, claims, action and cause of actions arising from any of the causes aforesaid, including negligence. The LESSEE shall and hereby does release the CITY from all liability for the loss or damage of merchandise, goods, equipment or any other property of whatsoever kind of the LESSEE or any of his/her suppliers caused by fire, theft, water, storm, windstorm, vandalism, or any other causes whatsoever, including negligence. H. Advertising Materials. Signs, advertising materials, posters and other such material used by the LESSEE, shall be subject to the approval of the City Manager. I. The LESSEE shall make every effort to assist the CITY in keeping the area free from debris and litter, and shall be responsible for keeping the Premises clean and free from debris and litter. J. Anti-discrimination Clause. The LESSEE shall not discriminate against any employee or applicant for employment in the performance of this Lease Agreement, with respect to hire, tenure, term, condition or privileges of employment because of race, color, religion, national origin, ancestry, marital status, sexual orientation, age or disability. K. Modification and Amendments. No modifications or amendments to this Lease Agreement shall be valid unless reduced to writing and signed by both parties. L. Integration of All Agreements and Understandings. This Lease Agreement contains the entire agreement between the CITY and LESSEE. All prior agreements and understandings whether written or oral are fully abrogated and of no further force and effect from and after the date of this Lease Agreement. M. Governing Law. This Lease Agreement under terms, conditions and covenants contained in is shall be governed and construed in accordance with the laws of the State of Florida. N. Litigation. In connection with any litigation arising out of this Lease Agreement, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorney’s fees. O. Independent Contractor. The LESSEE and the CITY agree that the LESSEE is an independent contractor with respect to the services provided under this Agreement. Nothing herein shall be considered or interpreted to create and employer-employee relationship between the parties to this Lease Agreement. Neither LESSEE nor any employee of LESSEE shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax 58 of 579 or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to LESSEE, or any employee of LESSEE. P. Sovereign Immunity. City is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statutes, as may be amended from time to time, or any successor statute thereof. 7. Financial Operations A. The LESSEE shall pay promptly all taxes, excise or licensee fees of whatever nature, applicable to this operation, and take out and keep current all licenses, municipal, state or federal, required for the conduct of business, and further, shall not permit any of said taxes, excise or license fees to become delinquent. The LESSEE shall not permit any mechanics or materialmens or other lien to be imposed upon the lease property for any work or labor performed. B. The LESSEE shall make available, upon request, duplicate receipts or other satisfactory evidence showing the prompt payment of the social security, unemployment compensation and all taxes and fees above referred to, and showing that the said workers compensation insurance and all required licenses are in good standing. The LESSEE shall pay promptly when due all bills, debts and obligations incurred in connection with the operation of the concession and shall not permit same to become delinquent and suffer no lien, mortgage, judgment, execution or adjudication in bankruptcy which will in any way impair the rights of the CITY under this Agreement. C. The LESSEE shall provide quarterly financial reports to the City Manager, with a copy to the Director of Recreation and Parks, Wally Majors, detailing revenue for each three month period. 8. Termination A. This Lease Agreement may be terminated by either party for convenience or cause upon thirty (30) days notice such termination to the other party. Should the Lease Agreement be terminated for cause, the reason(s) for the lease termination shall be included in the notice. Any termination for convenience by CITY shall be without liability to CITY. B. This Lease Agreement may, at the option of the CITY, be terminated immediately if the LESSEE shall become insolvent or bankrupt, make an 59 of 579 assignment for the benefit of creditors or be convicted of a crime or any other similar gross impropriety. C. A termination of the Lease Agreement for reasons other than expiration of the term or convenience shall be effected as follows: 1. If conditions are present which are considered by either party to be cause for termination, written notice shall be provided to the party, and sufficient period of time shall be given by the CITY to correct the conditions. 2. If the conditions are not corrected within a reasonable time then this lease agreement may be terminated for such conditions by giving thirty (30) days written notice. 3. In the event the LESSEE fails to pay the CITY charges or fees strictly in accordance with the terms of this Lease Agreement, the CITY may cancel and terminate this Lease Agreement at any time upon five (5) days written notice to the LESSEE. 4. If this Lease Agreement is canceled or terminated by the CITY, or if the CITY shall discontinue its operations, the LESSEE shall pay to the CITY all sums then due from the LESSEE to the CITY. D. The acceptance of monies due the CITY for any period or periods after a default of any of the terms, covenants or conditions of this Lease Agreement shall not deemed a waiver on the part of the CITY of any part of this Agreement. E. No waiver or default by the CITY of any of the terms, covenants or conditions hereof to be performed, kept and observed by the LESSEE, shall be construed to be or act as a waiver of any subsequent default of any of the terms, covenants and conditions herein contained to be performed, kept and observed by the LESSEE. F. Removal on Termination. On the date of termination hereof, or in case of the relationship created by the Lease Agreement prior thereto, on written notice, the LESSEE shall have the right to remove from said Premises all personal property, fixtures and equipment not a part of the real estate, installed by it and title to which it retains subject, however, to any valid lien or claim which the CITY may have for unpaid fees, provided also, that if said removal causes any damage to the Premises, the LESSEE shall repair the same in a proper and satisfactory manner at its own expense. The provision of this paragraph shall not apply to the personal property to which the CITY has a right to use and purchase pursuant to this Lease Agreement. 60 of 579 9. Notice Wherever either party desires to give notice unto the other, it shall be given by written notice, sent certified U.S. Mail, return receipt requested, addressed to the party to whom it is intended, at the places last specified, and the places for giving notice shall remain such until they are changed by written notice in compliance with this subsection. For the present, the parties designate the following as the respective places for giving notice, to wit: FOR CITY: Lori LaVerriere, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone: (561) 742-6013 Facsimile: (561) 742-6011 WITH COPY TO: James A. Cherof, Esq. City Attorney 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone: (561) 742-6050 Facsimile: (561) 742-6054 FOR LESSEE: Dean Ernst, President Paddle Away Sports.Com, Inc. 4653 Holly Lake Drive Lake Worth, FL 33461 Telephone: (561) 541-6784 61 of 579 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of 2014. CITY OF BOYNTON BEACH, FLORIDA ATTEST: _________________________________ BY:______________________________ JANET PRAINTO, CITY CLERK LORI LAVERRIERE, CITY MANAGER APPROVED AS TO FORM _________________________________ OFFICE OF THE CITY ATTORNEY LESSEE: Paddleawaysports.com Inc. _________________________________ By: _____________________________ WITNESS DEAN ERNST, PRESIDENT _________________________________ WITNESS Corporate Seal _________________________________ SECRETARY STATE OF FLORIDA ) ) SS. COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgements, personally appeared ______________________________, as ___________ of _______________________________, personally known to be the person described in, or who produced ______________________________ as identification, and who executed the foregoing and acknowledged before me that (s)he executed the same. WITNESS my hand and seal in the County and State aforesaid on this _____ day of ____________, 2014. ___________________________________ My Commission Expires: NOTARY PUBLIC 62 of 579 63 of 579 64 of 579 65 of 579 6. B CONSENT AGENDA August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM th CMD: August 19, 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 reduction of the performance bond EQUESTED CTION BY ITY OMMISSION #09065362 that was submitted by D.R. Horton, Inc. in the amount of $412,211.80 by the amount of $391,601.21 for the completion of the paving, grading, and drainage improvements in association with the Estates of Heritage project. ER: The Public Works Department Engineering Division XPLANATION OF EQUEST requests approval to reduce performance bond #09065362 by the amount of $391,601.21 for the completion of the paving, grading, and drainage improvements in association with the Estates of Heritage project. This will leave the remaining $20,610.59 (5.0%) to be held by the City for a period of one (1) year from the date of this approval as the warranty against defect. D.R. Horton, Inc. submitted a performance bond #09065362 in the amount of  $412,211.80 to insure the completion of the paving, grading, and drainage improvements to in association with the Estates of Heritage project. Schnars Engineering Corporation has certified that improvements were done in  accordance with the approved plans. The Public Works Engineering Division has inspected the improvements and found  them to be consistent with the approved plans. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: None LTERNATIVES 66 of 579 67 of 579 68 of 579 69 of 579 70 of 579 71 of 579 72 of 579 73 of 579 74 of 579 75 of 579 6. C CONSENT AGENDA August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 8/19/2014 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 Bid for "ANNUAL SUPPLY OF EQUESTED CTION BY ITY OMMISSION BRASS FITTINGS AND ACCESSORIES" Bid # 063-1412-14/MFD to the lowest, most responsive, responsible bidders meeting all specifications to the following three (3) companies as a Primary, Secondary and Third vendor: Ferguson Enterprises (Primary), Fortiline (Secondary) and HD Supply (Third). These items will be ordered on an "AS NEEDED" basis and the estimated annual expenditure is $65,000. : O3,2014–O4,2015 CONTRACT PERIODCTOBER CTOBER ER: XPLANATION OF EQUEST On July 16, 2014, Procurement Services opened and tabulated four (4) bids for Brass Fittings and Accessories. These supplies are used for the repair and maintenance of the City’s Utility Water System. All bids were reviewed by the Warehouse Manager. It . was determined to recommend this award by Primary, Secondary and Third vendors The award is as follows: Ferguson Enterprises Primary Vendor Items Low 99 out of 123 Fortiline Waterworks Secondary Vendor Items Low 11 out of 123 76 of 579 HD Supply Waterworks Third Vendor Items Low 4 out of 123 The Secondary and Third vendors will be utilized when the Primary cannot deliver the product in a timely manner and/or if the vendors are lower in price on an item than the Primary. The Primary vendor (Ferguson) has some items that require a minimum quantity to be ordered. These quantities are below our normal quantities for orders, so they have no effect on award. There were 8 items that were NO BIDS. These items are # 9,10,61,62,63,64,92,93. We will go out for quotes when these items need to be ordered. Previous years’ expenditures: FY 13/14 $64,036.30 FY 12/13 $40,452.03 H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES The purpose of this bid is to secure a source of supply for the purchase of Brass Fittings and Accessories. These supplies will be ordered on an “AS NEEDED BASIS” and stocked within the City’s Warehouse. FI:ACCOUNT NUMBER ESTIMATED ISCAL MPACT WAREHOUSE STOCKANNUAL EXPENDITURE 502-0000-141-0100 $65,000 A: LTERNATIVES Obtain quotes on an “as needed” basis which would not be cost effective. 77 of 579 The City of Boynton Beach Finance Department WAREHOUSE DIVISION TO: Tim Howard, Director of Financial Services FROM: Michael Dauta, Warehouse Manager DATE: July 30, 2014 SUBJECT: Brass Bid # 063-1412-14/MFD I reviewed the tabulation sheet sent from your office. My recommendation is an award based on Primary, Secondary and Third Vendors. The Primary vendor was low on 99 out of 123 items. The Secondary vendor was low on 11 out of 123 items. The Third vendor was low on 4 out of 123 items. The Secondary and Third vendors will be utilized when the Primary cannot deliver the product in a timely manner and/or if the vendors are lower in price on an item than the Primary. The Primary vendor (Ferguson) has some items that require a minimum quantity to be ordered. These quantities are below our normal quantities for orders, so they have no effect on award. Last year’s expenditures were $64,036.30. The previous year’s expenditures were $40,452.03. This year’s expenditures will be an estimated $65,000. Ferguson Primary Vendor 78 of 579 Item(s) # 99 out of 123 Fortiline Secondary Vendor Item(s) # 11 out of 123 HD Supply Third Vendor Item(s) # 4 out of 123 Municipal No Award Item(s) # 1 out of 123 There were 8 items that were NO BIDS. These items are # 9,10,61,62,63,64,92,93. We will go out for quotes when these items need to be ordered. In addition, the following vendors included a discount of cost plus % for all items not listed on the bid. Ferguson 10% HD Supply Cost plus 12% 79 of 579 80 of 579 81 of 579 82 of 579 83 of 579 84 of 579 85 of 579 86 of 579 87 of 579 88 of 579 89 of 579 90 of 579 91 of 579 92 of 579 93 of 579 94 of 579 95 of 579 96 of 579 97 of 579 6. D CONSENT AGENDA August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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 Bid for "ANNUAL SUPPLY OF PIPE EQUESTED CTION BY ITY OMMISSION FITTINGS AND ACCESSORIES" Bid # 064-1412-14/MFD to the lowest, most responsive, responsible bidders meeting all specifications to the following four (4) companies as a Primary, Secondary and two (2) Third vendors: Ferguson Enterprises (Primary), Fortiline (Secondary), HD Supply (Third) and Marilfow (Third). These items will be ordered on an "AS NEEDED" basis and the estimated annual expenditure is $99,000. : O3,2014–O4,2015 CONTRACT PERIODCTOBER CTOBER ER: XPLANATION OF EQUEST On July 16, 2014, Procurement Services opened and tabulated four (4) bids for Pipe Fittings and Accessories. These supplies are used for the repair and maintenance of the City’s Utility Sewer System. All bids were reviewed by the Warehouse Manager. It . was determined to recommend this award by Primary, Secondary and Third vendors The award is as follows: Ferguson Enterprises Primary Vendor Items Low 247 out of 389 Fortiline Waterworks Secondary Vendor Items Low 49 out of 389 98 of 579 HD Supply Waterworks Third Vendor Items Low 32 out of 389 Marilfow Third Vendor Items Low 35 out of 389 The Secondary and Third vendors will be utilized when the Primary cannot deliver the product in a timely manner and/or if the vendors are lower in price on an item. They can also be utilized if the Primary vendor has a minimum quantity per order that cannot be met. The two (2) Third vendors were determined due to the fact that Mariflow has a minimum quantity per item and a minimum dollar amount per order ($500). If a situation occurred where we would need to order from the Third vendor it would be beneficial to choose from two vendors. Then make a decision based on price, minimums and availability. Previous years’ expenditures: FY 13/14 $104,239.30 FY 12/13 $87,392.95 H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES The purpose of this bid is to secure a source of supply for the purchase of Pipe Fittings and Accessories. These supplies will be ordered on an “AS NEEDED BASIS” and stocked within the City’s Warehouse. FI:ACCOUNT NUMBER ESTIMATED ISCAL MPACT WAREHOUSE STOCKANNUAL EXPENDITURE 502-0000-141-0100 $99,000 A: LTERNATIVES Obtain quotes on an “as needed” basis which would not be cost effective. 99 of 579 The City of Boynton Beach Finance Department WAREHOUSE DIVISION TO: Tim Howard, Director of Financial Services FROM: Michael Dauta, Warehouse Manager DATE: July 31, 2014 SUBJECT: Pipe Fittings Bid # 064-1412-14/MFD I reviewed the tabulation sheet sent from your office. My recommendation is an award based on Primary, Secondary and two (2) Third Vendors. The Primary vendor was low on 247 out of 389 items. The Secondary vendor was low on 49 out of 389 items. The first Third vendor was low on 35 out of 389 items. The second Third vendor was low on 32 out of 389 items. The Secondary and Third vendors will be utilized when the Primary cannot deliver the product in a timely manner and/or if the vendors are lower in price on an item. Also, if the Primary vendor has a minimum quantity per order that cannot be met. The two (2) Third vendors were determined due to the fact that Mariflow has a minimum quantity per item and a minimum dollar amount per order ($500). If a situation occurred where we would need to order from the Third vendor it would be beneficial to choose from two vendors and make a decision based on price, minimums and availability. Last year’s expenditures were $104,239.30. The previous year was $87,392.95. This year’s expenditures will be an estimated $99,000. Ferguson Primary Vendor 100 of 579 Item(s) # 247 out of 389 Fortiline Secondary Vendor Item(s) # 49 out of 389 HD Supply Third Vendor Item(s) # 32 out of 389 Mariflow Third Vendor Item(s) # 35 out of 389 There were 27 items that were NO BIDS. These items are # 20,116,142,143,144,145,254,263,264,266,273,274,275,366,367,368,369,370,371,372,373374,37 5,376,377,378,379. We will go out for quotes when these items need to be ordered. In addition, the following vendors included a discount of % off list/cost plus for all items not listed on the bid. Ferguson 10% HD Supply Cost plus 12% Mariflow 10% 101 of 579 102 of 579 103 of 579 104 of 579 105 of 579 106 of 579 107 of 579 108 of 579 109 of 579 110 of 579 111 of 579 112 of 579 113 of 579 114 of 579 115 of 579 116 of 579 117 of 579 118 of 579 119 of 579 120 of 579 121 of 579 122 of 579 123 of 579 124 of 579 125 of 579 126 of 579 127 of 579 128 of 579 129 of 579 130 of 579 131 of 579 132 of 579 133 of 579 134 of 579 135 of 579 6. E CONSENT AGENDA August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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 July 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 July 2014: Purchase Order Vendor Amount 141159 Nova Engineering & Environmental $ 23,800.00 141168 Fisher Safety $ 10,268.10 141191 Boynton Botanicals $ 12,692.45 141206 CRS Max Consultants, Inc. $ 23,000.00 141220 Stokes Mechanical Contractor $ 35,000.00 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 request is reviewed and approved by the Department Director, Finance Department, and City Manager. 136 of 579 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 137 of 579 138 of 579 139 of 579 140 of 579 141 of 579 142 of 579 143 of 579 144 of 579 145 of 579 146 of 579 147 of 579 148 of 579 149 of 579 150 of 579 151 of 579 152 of 579 153 of 579 154 of 579 155 of 579 156 of 579 157 of 579 158 of 579 159 of 579 160 of 579 161 of 579 162 of 579 163 of 579 164 of 579 165 of 579 166 of 579 167 of 579 168 of 579 169 of 579 170 of 579 171 of 579 172 of 579 173 of 579 174 of 579 175 of 579 176 of 579 177 of 579 178 of 579 179 of 579 180 of 579 181 of 579 182 of 579 183 of 579 184 of 579 185 of 579 186 of 579 187 of 579 188 of 579 189 of 579 190 of 579 191 of 579 192 of 579 193 of 579 194 of 579 6. F CONSENT AGENDA August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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 August 19, 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 Clean Harbors Emergency Response USCG BOA HSCB84-July 1, 2014 to Environmental Svc. Services 09-A-100113 June 30, 2015 Penn Credit Debt Collection City of Lakeland, RFP October 17, 2014 to Corporation Services No. 1202 October 16, 2015 195 of 579 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 196 of 579 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS August 19, 2014 REQUESTING DEPARTMENT: Utilities DEPARTMENT CONTACT: Karen Riseley TERM: July 1, 2014 to June 30, 2015 SOURCE FOR PURCHASE: Piggy-back Basic Ordering Agreement between Clean Harbors Environmental Services and the U.S. Coast Guard – (BOA) HSCB84-09-A-100113 ACCOUNT NUMBER: Assigned by Department(s). VENDOR(S): Clean Harbors Environmental Services ANNUAL EXPENDITURE: As Needed. DESCRIPTION OF BID EXTENSION: The City piggy-backs a contract agreement between Clean Harbors Environmental Services and the U.S. Coast Guard for emergency response support in the event of a major wastewater spill, or other environmental clean-ups. This agreement remains in force until terminated by either party with thirty days’ notice. Clean Harbors has agreed to extend the agreement between the City of Boynton Beach and Clean Harbors Environmental Services for another year. REQUESTING DEPARTMENT: Finance DEPARTMENT CONTACT: Sue Moroney TERM: October 17, 2014 to October 16, 2015 SOURCE FOR PURCHASE: Contract between the City of Boynton Beach and Penn Credit Corporation based on Agreement with the City of Lakeland (RFP #1202) ACCOUNT NUMBER: Assigned by Department(s). VENDOR(S): Penn Credit Corporation DESCRIPTION OF BID EXTENSION: At the Commission Meeting of December 18, 2012, Commission authorized the Mayor to sign an Agreement with Penn Credit Corporation based on a City of Lakeland Contract with Penn Credit Corporation for Collection Services on delinquent utilities and miscellaneous receivable accounts as a result of RFP #1202. This contract automatically renews each year unless vendor and/or City of Lakeland choose not to renew. Penn Credit and the City of Lakeland have agreed to continue the contract for another year. REQUESTING DEPARTMENT: DEPARTMENT CONTACT: TERM: SOURCE FOR PURCHASE: ACCOUNT NUMBER: VENDOR(S): ANNUAL EXPENDITURE: DESCRIPTION OF BID EXTENSION: 197 of 579 6. G CONSENT AGENDA August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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 "The Replacement of Three Air EQUESTED CTION BY ITY OMMISSION Conditioning Systems at the Intracoastal Clubhouse" to Cedars Electro-Mechanical, Inc. of Lake Worth, Florida in the amount of $47,537.00. ER: XPLANATION OF EQUEST On August 5, 2014, Procurement Services opened three (3) bids in response to an Invitation to Bid for “The Replacement of Three Air A/C Systems for the Intracoastal Park Clubhouse”, Bid No. 061-2730-14/JMA. The Bid was issued to solicit proposals for the removal and replacement of three existing Trane A/C systems. The existing systems have been malfunctioning due to age, and because of the location on the Intracoastal Waterway, exposure to the salt air. A site inspection was a mandatory requirement for this bid. One of the three bids was declared non-responsive for not using the mandatory bid forms and not providing a bid bond. Engineering and Facilities staff reviewed the bids and recommends award to Cedars Electro-Mechanical, Inc. as the lowest, most responsive, responsible bidder capable of performing the required work. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Mechanical systems for City buildings must be repaired and replaced due to age, use and climate factors. The Intracoastal Park Clubhouse is available for rental, and services the public for recreational and private events and the air conditioning must be functioning and reliable. 198 of 579 FI: This project was scheduled for FY15/16 but needs to be replaced at the ISCAL MPACT present time. The General CIP will be amended to add Project RP1422 and the funding of $47,537.00 is available in account 302-4101-580-62-01 to be transferred to CIP account 302-4223-572-62-01, project number RP1422. A: LTERNATIVES Reject all bids and re-issue a new bid. 199 of 579 200 of 579 201 of 579 202 of 579 203 of 579 204 of 579 205 of 579 206 of 579 207 of 579 208 of 579 209 of 579 210 of 579 211 of 579 212 of 579 213 of 579 214 of 579 215 of 579 216 of 579 217 of 579 218 of 579 219 of 579 220 of 579 221 of 579 222 of 579 223 of 579 224 of 579 225 of 579 226 of 579 227 of 579 228 of 579 229 of 579 6. H CONSENT AGENDA August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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 August 5, 2014 The City Commission met on August 5, 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 230 of 579 231 of 579 232 of 579 233 of 579 234 of 579 235 of 579 236 of 579 237 of 579 238 of 579 239 of 579 240 of 579 241 of 579 242 of 579 243 of 579 244 of 579 7. A BIDS AND PURCHASES OVER $100,000 August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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 employee group benefits insurance EQUESTED CTION BY ITY OMMISSION programs for fiscal year 2014-2015 and authorize City Manager to execute required documents for the following policies per the Request for Proposal for "Fully Insured: Group Medical, Dental, Life, and Long Term Disability Insurance" RFP No. 048-1610-14/JMA: (1) PROPOSED RESOLUTION NO. R14-072 - Approve and authorize the City Manager to execute an agreement with CIGNA Healthcare for City's Group Medical Insurance for the plan year October 1, 2014 thru September 30, 2015; (2) PROPOSED RESOLUTION NO. R14-073 - Approve and authorize the City Manager to execute an agreement with CIGNA Healthcare for City's "Fully Insured Dental Plan" for the plan year October 1, 2014 thru September 30, 2015; (3) PROPOSED RESOLUTION NO. R14-074 - Approve and authorize the City Manager to execute required documents with The Hartford Group for the City's "Life and Accidental Death & Dismemberment and Group Long Term Disability Insurance Plans" for the contract term October 1, 2014 thru September 30, 2017. ER: XPLANATION OF EQUEST On June 17, 2014, the City received and opened seventeen (17) responses to RFP No. 048-1610-14/JMA for “Fully Insured: Group Medical, Dental, Life & accidental death and dismemberment (AD&D), and Long Term Disability (LTD) Insurance”. The Evaluation Committee was comprised of The Gehring Group, the City’s Benefits Consultant; Julie Oldbury, Human Resources/Risk Director; Pat Sholos, Benefits Administrator; and Pam Webb, Risk Administrator. The review committee evaluated responses and selected for recommendation the carriers below for the following group employee benefits: 245 of 579 (1) Medical – Cigna (2 plan offerings) (2) Dental – Cigna (3) Life and AD&D and Long Term Disability – The Hartford H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES (1) Medical : Staff recommends offering two plan options for medical insurance. For the first option, staff is recommending minor plan changes to our existing plan, which will decrease our renewal rate from 6.08% to 0.0%. The modifications to the existing plan are as follows: Category Current Recommended Single in-network deductible: $ 100.00 $ 125.00 Single out-of-network deductible: $ 400.00 $ 450.00 Single out-of-pocket maximum: $2,500.00 $3,000.00 Family out-of-pocket maximum: $5,000.00 $6,000.00 Specialist/Initial maternity/mental health visit: $ 30.00 $ 35.00 Advanced imaging: $ 50.00 $ 75.00 Outpatient hospital: $ 100.00 $ 125.00 Formulary prescription: $ 25.00 $ 30.00 Non-formulary prescription: $ 50.00 $ 60.00 The monthly premiums for this plan option are as follows for the time period October 1, 2014 thru September 30, 2015: Category Monthly Billing Premium Employee Monthly Cost Employee Only $ 732.62 $ 0.00 Employee & Spouse $1,421.28 $ 688.85 Employee & Child(ren) $1,318.72 $ 586.08 Family $1,633.74 $ 901.12 These monthly premiums are the same as FY13/14, the City and employee will not see an increase in the monthly premium. This year, staff is recommending a second option for medical by introducing a “high deductible health plan,” which is a qualified plan allowing for a health savings account “HSA.” This plan requires employees to meet a contract year deductible prior to a 20% co-insurance payment. The deductible for employee only coverage is $3,000.00, while the deductible for family coverage is $6,000.00. As there is a shift in financial responsibility to the consumer (employee) on this type of plan, there is a lower monthly premium. The monthly premiums for the high deductible health plan option are as follows: Category Monthly Billing Premium Employee Monthly Cost Employee Only $ 658.94 $ 0.00 Employee & Spouse $1,278.35 $ 619.41 246 of 579 Employee & Child(ren) $1,186.09 $ 527.15 Family $1,469.44 $ 810.50 For employees who wish to enroll in this plan option, the City will contribute $75.00 per month ($900.00 per year) into the employee’s Health Savings Account. (2)Dental: Staff recommends switching from our current dental carrier (MetLife) whose renewal rate was a 16.4% increase to CIGNA who will offer the same coverage for a 2.1% decrease in premium. Current monthly premiums with MetLife: Category Monthly Billing Premium Employee Monthly Cost Employee Only $ 29.48 $ 0.00 Family $ 82.45 $ 52.97 Proposed monthly premiums for the dental plan with CIGNA are as follows for period of time October 1, 2014 thru September 30, 2015: Category Monthly Billing Premium Employee Monthly Cost Employee Only $ 28.86 $ 0.00 Family $ 80.72 $ 51.86 (3) Life and Accidental Death & Dismemberment (AD&D) and Long Term Disability (LTD): Staff recommends keeping this coverage with the same carrier, The Hartford, who offered the same plan options at a zero percent (0%) increase and a rate guarantee for three (3) years for the time period October 1, 2014 – September 30, 2017. FI: ISCAL MPACT The fiscal impact for FY 2014-2015 is as follows for each of the employee group insurance benefits: (1) Medical – 0% (no impact over FY 2013-2014) (2) Dental – 2.1% savings over FY 2013-2014 (3) Life and AD&D – 0% (no impact over FY 2013-2014) (4) Long Term Disability – 0% (no impact over FY 2013-2014) A: LTERNATIVES 1. Select alternate plan options that may result in less favorable benefits and limited network access or increased cost to the City and employees. 2. Reject all plans. 247 of 579 RESOLUTION NO. R14-072 A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING AN AGREEMENT WITH CIGNA HEALTHCARE CORPORATION FOR GROUP HEALTH INSURANCE FROM OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 2015; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PROVIDER AGREEMENT AND PROVIDING AN EFFECTIVE DATE . WHEREAS , the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of City employees to approve a one (1) year Provider Agreement with CIGNA HealthCare for the medical insurance plan for a term commencing October 1, 2014 to September 30, 2015, for city employees. 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 approves an Agreement with CIGNA HealthCare for the medical insurance plan for City employees for a one year term commencing October 1, 2014 to September 30, 2015, a copy of which is attached hereto as Exhibit “A”. Section 3. The City Manager and City Clerk are authorized to execute the Provider Agreement with CIGNA HealthCare. Section 4. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of August, 2014. CITY OF BOYNTON BEACH, FLORIDA 248 of 579 ______________________________ 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) 249 of 579 PROVIDER AGREEMENT FOR “GROUP BENEFITS: MEDICAL COVERAGE FULLY INSURED PLAN” THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to _CIGNA HealthCare________________ as “the City”, and , hereinafter referred to as “the Provider”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. PROVIDER 1.PROJECT DESIGNATION. The Provider is retained by the City to perform SERVICES FOR CITY’S MEDICAL INSURANCE PLAN in connection with the project designated. 2.SCOPE OF SERVICES. Provider agrees to perform the services, identified on Exhibit “A” attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. Also to incorporate information outlined in Letter of Intent dated August 12, 2014 included in Exhibit “A”. No additional modifications other than those described in the attachment will be made to the original scope of work without the written approval of the City Manager or his designee. 3.TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving of written notice by the City to the Provider to proceed. Provider shall perform all services and provide all work product required pursuant to this agreement. 4.TERM: October 1, 2014 through September 30, 2015. 5.PAYMENT. The Consultant shall be paid by the Provider/City for completed work and for services rendered under this agreement as follows: Monthly basis per eligible employee and dependent for medical coverage invoiced by Provider. 6.COMPLIANCE WITH LAWS. Provider shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 7.INDEMNIFICATION. Provider shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Provider’s own employees, or damage to property occasioned by a negligent act, omission or failure of the Provider. 8.INSURANCE. The Provider shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits. 250 of 579 Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 9.INDEPENDENT CONTRACTOR. The Provider and the City agree that the Provider is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Provider nor any employee of Provider shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Provider, or any employee of Provider. 10.COVENANT AGAINST CONTINGENT FEES. The Provider warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Provider, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Provider, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11.DISCRIMINATION PROHIBITED. The Provider, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12 ASSIGNMENT. The Provider shall not sublet or assign any of the services covered by this Agreement without the express consent of the City. 13. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Provider. b..In the event of the death of a member, partner or officer of the Provider, or any of its supervisory personnel assigned to the project, the surviving members of the Provider hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Provider and the City, if the City so chooses. 251 of 579 15. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 ATTN: Patricia Sholos Notices to Provider shall be sent to the following address: CIGNA HealthCare 1571 Sawgrass Corporate Parkway Suite 140 Sunrise, FL 33323 ATTN: Dina D’Angelo 17. PUBLIC RECORDS. The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall: 1.Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 2.Provide the public with access to such records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statute, or as otherwise provided by law; 3.Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4.Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in item 14. 252 of 579 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Provider and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Provider. DATED this _____ day of ________________________________________, 20____. CITY OF BOYNTON BEACH _________________________________ __________________________________ Interim City Manager Provider Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: _________________________________ __________________________________ Office of the City Attorney Secretary Rev. 1/22/91 “EXHIBIT A” SCOPE OF SERVICES 253 of 579 254 of 579 255 of 579 RESOLUTION NO. R14-073 A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING AN AGREEMENT WITH CIGNA HEALTHCARE CORPORATION FOR A FULLY INSURED DENTAL PLAN FOR CITY EMPLOYEES FROM OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 2015; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PROVIDER AGREEMENT AND PROVIDING AN EFFECTIVE DATE . WHEREAS , the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the employees of the City of Boynton Beach to approve a one (1) year Provider Agreement with CIGNA HealthCare for the a fully insured dental plan for a term commencing October 1, 2014 to September 30, 2015, for City employees. 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 approves an Agreement with CIGNA HealthCare for a fully insured dental plan for City employees for a one year term commencing October 1, 2014 to September 30, 2015, a copy of which is attached hereto as Exhibit “A”. Section 3. The City Manager and City Clerk are authorized to execute the Provider Agreement with CIGNA HealthCare. Section 4. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of August, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ 256 of 579 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) 257 of 579 PROVIDER AGREEMENT FOR GROUP BENEFITS: FULLY INSURED DENTAL PLAN THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to _CIGNA HealthCare________________ as “the City”, and , hereinafter referred to as “the Provider”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. FULLY 12.PROJECT DESIGNATION. The Provider is retained by the City to provide a INSURED DENTAL PLAN for the City of Boynton Beach. 13.SCOPE OF SERVICES. Provider agrees to perform the services, identified on Exhibit “A” attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. Including information contained in Letter of Intent dated August 12l, 2014. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. 14.TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving of written notice by the City to the Provider to proceed. Provider shall perform all services and provide all work product required pursuant to this agreement for the period beginning October 1, 2014 thru September 30, 2015, unless an extension of such time is granted in writing by the City. 15.TERM: This Agreement shall be for a period of one (1) year commencing on October 1, 2014 thru September 30, 2015. This AGREEMENT allows for three (3) additional one (1) year extensions at the same terms, conditions, and agreeable prices subject to the Company acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. 16.PAYMENT. The Provider shall be paid by the City for services rendered under this agreement as follows: a. The monthly premium based on number of enrollees for the City’s FULLY INSURED DENTAL PLAN , as referred to herein, for services provided under this agreement for the entire term of the Agreement b. The Provider’s records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 17.OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Provider in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Provider shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Provider’s endeavors. 18.COMPLIANCE WITH LAWS. Provider shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 258 of 579 19.INDEMNIFICATION. Provider shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Provider’s own employees, or damage to property occasioned by a negligent act, omission or failure of the Provider. 20.INSURANCE. The Provider shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 21.INDEPENDENT CONTRACTOR. The Provider and the City agree that the Provider is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Provider nor any employee of Provider shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Provider, or any employee of Provider. 22.COVENANT AGAINST CONTINGENT FEES. The Provider warrants that he has not employed or retained any company or person, other than a bona-fide employee working solely for the Provider, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona-fide employee working solely for the Provider, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 23.DISCRIMINATION PROHIBITED. The Provider, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 24.ASSIGNMENT. The Provider shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 259 of 579 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving thirty (30) days written notice to the Provider. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 ATTN: Pat Sholos Notices to Provider shall be sent to the following address: CIGNA HealthCare 1571 Sawgrass Corporate Parkway Suite 140 Sunrise, FL 33323 ATTN: Dina D’Angelo 18. PUBLIC RECORDS. The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall: 5.Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 6.Provide the public with access to such records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statute, or as otherwise provided by law; 7.Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 8.Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of 260 of 579 the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in item 15. 19. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Provider and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Provider. DATED this _____ day of ________________________________________, 20____. CITY OF BOYNTON BEACH _________________________________ __________________________________ City Manager Provider Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: _________________________________ __________________________________ Office of the City Attorney Secretary 261 of 579 EXHIBIT “A” Scope of Services See attached Renewal Letter dated May 9, 2013 from MetLife. 262 of 579 263 of 579 264 of 579 RESOLUTION NO. R14-074 A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING AN AGREEMENT WITH THE HARTFORD GROUP FOR LIFE AND ACCIDENTAL DEATH & DISMEMBERMENT AND GROUP LONG TERM DISABILITY INSURANCE FROM OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 2017; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PROVIDER AGREEMENT AND PROVIDING AN EFFECTIVE DATE . WHEREAS , the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the employees of the City of Boynton Beach to approve an Agreement with The Hartford Group for “Life and Accidental Death & Dismemberment and Group Long Term Disability Insurance Plans” for a term beginning October 1, 2014 and ending September 30, 2017. 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 hereby approves an Agreement with The Hartford Group for “Life and Accidental Death & Dismemberment and Group Long Term Disability Insurance Plans” for a term beginning October 1, 2014 and ending September 30, 2017, a copy of which is attached hereto as Exhibit “A”. Section 3. The City Manager and City Clerk are authorized to execute the Agreement. Section 4. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of August, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ 265 of 579 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) 266 of 579 PROVIDER AGREEMENT FOR A “THREE YEAR CONTRACT FOR LIFE AND DISABILITY INSURANCE PLANS FOR THE EMPLOYEES OF THE CITY OF BOYNTON BEACH” THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY as “the City”, and, hereinafter referred to as “the Consultant or Company”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. 25. SERVICES DESIGNATED. The Consultant is retained by the City to perform insurance ”RFP FOR FULLY INSURED: carrier services in connection with the project designated GROUP MEDICAL, DENTAL, LIFE, AND LONG TERM DISABILITY INSURANCE” RFP - No.: 048-1610-14/JMA. 26. SCOPE OF SERVICES. Consultant agrees to perform the services referred to in letter dated August 11, 2014 referencing The City of Boynton Beach Policy #677559G, identified on Exhibit “A” attached hereto, including the provision of all labor, materials, equipment and supplies. 27. TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all October 1, services and provide all work product required during the agreement period of 2014 to September 30, 2017 unless an extension of such time is granted in writing by the City. This AGREEMENT allows for one (1) additional one (1) year extension at the same terms, conditions, and agreeable prices subject to the Company acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. 28. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Company shall be paid on a monthly basis, determined by the number of full time employees in this program during this period. b. The Company may submit invoices to the City once per month. Such invoices will be checked by the City, and upon approval thereof, payment will be made to the Carrier in the amount approved. c. Final payment of any balance due the Company of the total premiums earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Company’s records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. 267 of 579 29. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Company in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Company shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Company’s endeavors. 30. COMPLIANCE WITH LAWS. Company shall in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 31. INDEMNIFICATION. Company shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Company’s own employees, or damage to property occasioned by a negligent act, omission or failure of the Company. 32. INSURANCE. The Company shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 33. INDEPENDENT CONTRACTOR. The Company and the City agree that the Company is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Company nor any employee of Company shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Company, or any employee of Company. 34. COVENANT AGAINST CONTINGENT FEES. The Company warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Company, to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Company, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability or, in its discretion to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 268 of 579 35. DISCRIMINATION PROHIBITED. The Company, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 36. ASSIGNMENT. The Company shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 37. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 38. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Company. b. In the event of the death of a member, partner or officer of the Company, or any of its supervisory personnel assigned to the project, the surviving members of the Company hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Company and the City, if the City so chooses. 39. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 40. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: Julie Oldbury , Human Resources Director Notices to the Carrier shall be sent to the following address: The Hartford 4830 West Kennedy Blvd Tampa, FL 33609 Attn: Denise Clayton, Account Manager 269 of 579 INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Company and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Company. DATED this _____ day of ________________________________________, 20____. CITY OF BOYNTON BEACH: _________________________________ __________________________________ City Manager Company Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: _________________________________ __________________________________ Office of the City Attorney Secretary 270 of 579 EXHIBIT 1 PREMIUM QUOTATION BASIC & OPTIONAL LIFE 271 of 579 EXHIBIT 2 PREMIUM QUOTATION LONG TERM DISABILITY (LTD) INSURANCE 272 of 579 273 of 579 274 of 579 275 of 579 276 of 579 277 of 579 278 of 579 279 of 579 280 of 579 281 of 579 282 of 579 283 of 579 284 of 579 285 of 579 286 of 579 287 of 579 288 of 579 289 of 579 290 of 579 291 of 579 292 of 579 293 of 579 294 of 579 295 of 579 296 of 579 297 of 579 298 of 579 299 of 579 300 of 579 301 of 579 302 of 579 303 of 579 304 of 579 305 of 579 306 of 579 307 of 579 308 of 579 309 of 579 310 of 579 311 of 579 312 of 579 313 of 579 314 of 579 315 of 579 316 of 579 317 of 579 318 of 579 319 of 579 320 of 579 9. A PUBLIC HEARING August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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. 14-013 - FIRST EQUESTED CTION BY ITY OMMISSION READING - PUBLIC HEARING - Approve High Ridge Landing PUD rezoning (REZN 14-002) from a PUD (Planned Unit Development) with the Master Plan for 110 single-family homes, to a PUD to be combined with adjacent property to the north, establishing a Master Plan consisting of 184 apartments, the Imagine Charter School and athletic fields, located at the NW corner of High Ridge Road and Miner Road. Applicant: Ron Roan, High Ridge Housing, LLC. PROPOSED ORDINANCE NO. 14-014 - FIRST READING - PUBLIC HEARING - Approve High Ridge Landing PUD rezoning (REZN 14-002) from R-2 (Single and Two-Family Residential District) to a PUD to be combined with adjacent property to the south establishing a new Master Plan consisting of 184 apartments, the Imagine Charter School and athletic fields, located at the NW corner of High Ridge Road and Minor Road. Applicant: Ron Roan, High Ridge Housing, LLC. NOTE: THE SECOND AND FINAL PUBLIC HEARING OF THESE ORDINANCES WILL BE SEPTEMBER 3, 2014. ER: The proposed rezoning would recreate a PUD (Planned Unit XPLANATION OF EQUEST Development) zoning originally placed on the subject property in 2005, after it was annexed to the City. The PUD was initially approved for 174 units (48 single family homes and 126 townhomes), then modified in 2007 to include 110 single-family homes. However, the prolonged economic downturn thwarted project construction. In 2009, the subject property was split in two after the owner sold a 4.22-acre parcel at the northern portion of the site for development of a charter school. The school’s part of 321 of 579 the property was rezoned from PUD to R-2 (Single-and Two Family Residential District), since schools were not allowed in PUD until 2012, when the LDR regulations were amended. In 2013, the owner sold another 5.31 acre part of the property for a future school recreational area. The request, if approved, would reunite the three properties under the PUD zoning with a new master plan which would include a multifamily residential component with 184 apartments and the existing school with the soon-to-be developed athletic field. The proposed master plan represents relatively little change from the first master plan approved for the property (184 units as compared to 174 units). The property’s future land use classification is Medium Density Residential, which allows for the requested number of units. The type of units—rental apartments—reflects a strong market demand. Moreover, given the proximity of the school, many alternative uses for the property (particularly the previously proposed industrial use) could create compatibility issues. The proposed rezoning is compatible with the current and future use of adjacent and nearby properties: there is a considerable diversity of land uses in proximity of the subject property, from residential uses of various types and densities to institutional and industrial uses. In addition to proximity of the school, and industrial and commercial uses as employment centers, the project is located within ½ mile from the regional transit network of Tri-Rail, giving future residents convenient access to the three-county labor market. The Planning and Development Board recommended denial of the subject request on July 22, 2014. H? No impact on City programs or OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES services. FI: The project would generate approximately $160,000 of annual ISCAL MPACT revenues in ad valorem taxes and fire assessment. The estimate of total annual fees for water, sewer, and stormwater is $58,800. The necessary services can be provided within the existing capacity of the respective city departments: no additional capital outlays or increased staffing would be required. The park impact fee will be $109,480. A: None recommended LTERNATIVES 322 of 579 ORDINANCE NO. 14-013 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF RON ROAN OF HIGH RIDGE HOUSING, LLC., TO REZONE A PARCEL OF LAND LOCATED ON THE NORTHWEST CORNER OF HIGH RIDGE ROAD AND MINER ROAD, AS MORE FULLY DESCRIBED HEREIN, FROM PLANNED UNIT DEVELOPMENT (PUD) WITH MASTER PLAN FOR 110 SINGLE FAMILY HOMES TO PLANNED UNIT DEVELOPMENT (PUD) WITH MASTER PLAN FOR 184 APARTMENTS, IMAGINE CHARTER SCHOOL AND ATHLETIC FIELDS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE . WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Revised Zoning Map for said City; and WHEREAS, Ron Roan has filed a petition on behalf of the owners, High Ridge Housing, 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. Section 2. The following described land located on the Northwest corner of High Ridge Road and Miner Road, as more fully described herein, is hereby rezoned from Planned Unit Development (PUD) with a Master Plan for 110 single-family homes to Planned Unit 323 of 579 Development (PUD) with a Master Plan for 184 apartments, the Imagine Charter School and athletic fields: LEGAL DESCRIPTION: HIGH RIDGE HOUSING, LLC BEING A PORTION OF HIGH RIDGE PUD, PLAT BOOK 109, PAGES 90 THROUGH 93, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID HIGH RIDGE PUD, RUN THENCE NORTH 01°09'29" EAST ALONG THE WEST LINE OF SAID PLAT, A DISTANCE OF 549.75 FEET; THENCE SOUTH 88°50'31" EAST, A DISTANCE OF 51.26 FEET; THENCE NORTH 28°49'12" EAST, A DISTANCE OF 398.90 FEET; THENCE SOUTH 88°09'31" EAST, A DISTANCE OF 234.09 FEET TO A POINT ON THE EAST LINE OF SAID PLAT, SAID EAST LINE ALSO BEING THE WEST RIGHT-OF-WAY LINE OF HIGH RIDGE ROAD; THENCE SOUTH 01°50'29" WEST ALONG SAID EAST LINE AND ALONG SAID WEST RIGHT-OF- WAY LINE, A DISTANCE OF 851.74 FEET; THENCE SOUTH 46°11'53" WEST, A DISTANCE OF 36.07 FEET TO A POINT ON THE SOUTH LINE OF SAID PLAT, SAID SOUTH LINE ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF MINER ROAD; THENCE SOUTH 88°07'03" WEST ALONG SAID SOUTH LINE AND ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 435.45 FEET TO THE POINT OF BEGINNING. CONTAINING 362,997 SQUARE FEET OR 8.33 ACRES. MORE OR LESS. TOGETHER WITH LEARNING EXCELLENCE FOUNDATION OF SOUTH PALM BEACH, INC. ALL OF THE PLAT OF “HIGH RIDGE PUD” ACCORDING TO THE PLAY THEREOF AS RECORDED IN PLAY BOOK 109, PAGE 90 THRU 93, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS AND EXCEPT A PORTION OF “HIGH RIDGE PUD” ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAY BOOK 109, PAGES 90 THRU 93, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF SAID “HIGH RIDGE PUD” PLAT; THENCE NORTH 88 DEGREES 35 MINUTES 59 SECONDS EAST ALONG THE NORTH LINE OF SAID PLAT, A DISTANCE OF 471.46 FEET; THENCE SOUTH 01 DEGREES 50 MINUTES 29 SECONDS WEST ALONG THE EAST LINE OF SAID PLAT, A DISTANCE OF 400.00 FEET; THENCE NORTH 88 DEGREES 09 MINUTES 31 SECONDS WEST, A DISTANCE OF 475.09 FEET; THENCE NORTH 01 DEGREES 09 MINUTES 29 SECONDS EAST ALONG THE WEST LINE OF SAID PLAT, A DISTANCE OF 242.76 FEET; THENCE NORTH 05 DEGREES 02 MINUTES 00 SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF 130.80 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT FROM THE TOTAL PARCEL DESCRIBED ABOVE THE FOLLOWING DESCRIBED PARCEL: BEING A PORTION OF HIGH RIDGE PUD, PLAT BOOK 109, PAGES 90 THRU 93, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID HIGH RIDGE PUD, RUN THENCE NORTH 01’09’29” EAST ALONG THE WEST LINE OF SAID PLAT, A DISTANCE OF 549.75 FEET; THENCE SOUTH 88’50’31” EAST, A DISTANCE OF 51.26 FEET; THENCE NORTH 28’49’12” EAST A DISTANCE OF 398.90 FEET; THENCE SOUTH 88’09’31” EAST, A DISTANCE OF 234.09 FEET TO A POINT ON THE EAST LINE OF SAID PLAT, SAID EAST LINE ALSO BEING THE WEST RIGHT-OF-WAY LINE OF HIGH RIDGE ROAD; THENCE SOUTH 01’50’29” WEST ALOND SAID EAST LINE AND ALONG SAID WEST RIGHT- OF-WAY LINE, A DISTANCE OF 851.74 FEET; THENCE SOUTH 46’11’53” WEST, A DISTANCE OF 36.07 FEET TO A POINT ON THE SOUTH LINE OF SAID PLAT, SAID SOUTH LINE ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF MINER ROAD; THENCE SOUTH 88’07’03” WEST ALONG SAID SOUTH LINE AND ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 435.45 FEET TO THE POINT OF BEGINNING. 324 of 579 SAID LANDS SITUAE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA AND CONTAIN 231,380 SQUARE FEET (5.312 ACRES) MORE OR LESS.. 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. th FIRST READING this 19 day of August, 2014. 325 of 579 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) 326 of 579 ORDINANCE NO. 14-014 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF RON ROAN OF HIGH RIDGE HOUSING, LLC., AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND LOCATED ON THE WEST SIDE OF HIGH RIDGE ROAD, APPROXIMATELY 0.25 MILES NORTH OF MINER ROAD, AS MORE FULLY DESCRIBED HEREIN, FROM SINGLE AND TWO FAMILY DWELLING DISTRICT (R-2) TO PLANNED UNIT DEVELOPMENT (PUD) WITH MASTER PLAN FOR 184 APARTMENTS, IMAGINE CHARTER SCHOOL AND ATHLETIC FIELDS; 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, WDDW RESOURCES, LLC., owner of the property located on the west side of High Ridge Road, approximately 0.25 miles north of Miner Road in Boynton Beach, Florida, as more particularly described herein, has endorsed a Petition filed by applicant Ron Roan of High Ridge Housing, LLC., pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land, said land being more particularly described hereinafter, from Single and Two-family Dwelling District (R-2) to Planned Unit Development (PUD) as part of the master plan for 184 apartments, imagine charter school and athletic fields; and WHEREAS, the City Commission conducted a public hearing and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS , the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and 327 of 579 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. Section 2. The following described land located on the west side of High Ridge Road, approximately 0.25 miles north of Miner Road in Boynton Beach, Florida, as set forth as follows: TRACT "A", IMAGINE CHARTER SCHOOL AT BOYNTON BEACH, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 112, PAGES 186 AND 186 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA. CONTAINING 183,902 SQUARE FEET/4.2218 ACRES MORE OR LESS. be and the same is hereby rezoned from Single and Two-Family Dwelling District (R-2) to Planned Unit Development (PUD) as part of the master plan for 184 apartments, imagine charter school and athletic fields. A location map is attached hereto as Exhibit “A” and made a part of this Ordinance by reference. Section 3. That the aforesaid Revised Zoning Map of the City shall be amended accordingly. 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. SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2014. 328 of 579 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) 329 of 579 330 of 579 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 14-017 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: July 14, 2014 PROJECT: High Ridge Landing PUD REZN 14-002 REQUEST: Approve High Ridge Landing PUD rezoning (REZN 14-002) from a PUD (Planned Unit Development) with the Master Plan for 110 single-family homes, and from R-2 (Single and Two-Family Residential District) developed with a school (Imagine Charter School), to a PUD with a Master Plan for 184 apartments, the Imagine Charter School and athletic fields. ________________ PROJECT DESCRIPTION Property Owner: High Ridge Housing, LLC and WDDW Resources LLC Applicant: Ron Roan/High Ridge Housing, LLC Northwest corner of High Ridge Road and Miner Road (Exhibit “A”) Location: Existing Land Use/ Zoning: Medium Density Residential (MeDR)/ PUD (Planned Unit Development) with a Master Plan for 110 single-family homes and; R-2 (Single and Two-Family Residential District) Proposed Land Use/ Zoning: Medium Density Residential (MeDR)/ PUD (Planned Unit Development) with a Master Plan for 184 apartments, the school and accessory athletic fields Acreage: +/- 18.44 acres Adjacent Uses: 331 of 579 North: Single family homes in unincorporated Palm Beach County, classified LR-2 Low Density Residential (2 du/acre) and zoned RS Single Family Residential. South: The right-of-way of Miner Road, then developed property (High Ridge Commerce Center) classified Industrial (I) and zoned M-1 Industrial; to the southwest, undeveloped property within unincorporated Palm Beach County classified Industrial (IND) and zoned Single Family Residential (RS). East: The right-of-way of High Ridge Road, then, to the northeast, Cedar Ridge Estates with single family homes and townhomes (townhomes built at 8.04 du/acre), classified Low Density Residential (LDR) and zoned Planned Unit Development (PUD). To the southeast, Cedar Ridge and High Ridge Commerce Park, developed properties classified Industrial (I) and zoned Planned Industrial Development (PID). West: To the west, undeveloped property (High Ridge Country Club) designated Low Density Residential (LDR) and zoned R1AA Single Family Residential. BACKGROUND The subject property was annexed into the City in May 2005 and approved for Medium Density Residential (MeDR) land use, allowing a maximum density of 9.68 dwelling units per acre. As per the concurrently approved master plan and the site plan approved in September 2005, the project included 48 single family homes and 126 townhomes. However, infrastructure issues delayed construction and, faced with a deteriorating housing market, the developer requested a modification, which cut the number December 2007, but by of units by 64 and eliminated townhomes. The modification was approved in then the “Great Recession” took hold and it became clear that the modified project remained financially unfeasible. In October 2008 the developer applied for a land use amendment and rezoning of the site to change the land use and zoning from residential to industrial. The amendment underwent the state review but the developer chose not to pursue the final adoption and the requests were effectively dropped. In 2009, he sold a 4.22-acre parcel at the northern portion of the property, subsequently developed as Imagine Charter School, and, in 2013, another 5.31 acre part of the property for a future school recreational area. Please note that the development order for the modified master plan approved in 2007 remains valid as per extensions granted by state law in 2012. However, given that the portions of the property sold for the school site were a part of the subject master plan, any development plans would require either master plan modification or a new master plan. In this case, the owner of property occupied by Imagine Charter School (currently zoned R-2) and the new owner of the remaining parcel (currently zoned PUD) jointly request rezoning of the entire property to PUD with a new master plan which would include a residential component and the existing school with the soon-to-be developed athletic field. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the 332 of 579 need for the proposed land use amendment and rezoning must be provided within the application. In terms of overall density, the new Master Plan represents relatively little change from the first Master Plan approved for the property (184 units as compared to 174 units). The property’s current future land use classification is Medium Density Residential, which allows for the requested number of units. The type of units— rental apartments—reflects a strong market demand, fueled by victims of foreclosures and others prevented from getting a mortgage by restrictive underwriting criteria, as well as rising home prices and stagnant wages. Moreover, given the proximity of the school, many alternative uses for the property (particularly the previously proposed industral use) would create compatibility issues. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed rezoning with a new Master Plan is consistent with all applicable policies of the Comprehensive Plan and Land Development Regulations (see also response to {a}). In particular, the Comprehensive Plan explicitely supports proximity of schools to residential areas (Policy 10 B.1.5). c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The proposed rezoning will not be contrary to the established land use pattern, will not create an isolated district, nor will it constitute a grant of special privilege to the owner. The property is already classified Medium Density Residential, which allows density of 10 dwelling units per acre. (See also response to “a”.) Moreover, the property is surrounded by diverse land uses, including industrial uses. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The subject rezoning would support the integration of the two complementary uses, residential apartments and a school with its athletic field area. Pedestrian access gate will provide interconnectivity between the residential part of the project and the athletic field area, while interconnectivity with adjacent properties will be maintained through sidewalks along High Ridge Road and Minor Road. 333 of 579 In addition to proximity of the school, and industrial and commercial uses as employment centers, the project is located within ½ mile from the regional transit network of Tri-Rail, giving future residents convenient access to the three-county labor market. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. This request is for rezoning only. Long-term capacity availability for potable water, sewer and solid waste was reviewed as a part of annexation of the property in 2005. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Traffic and school concurrency will be reviewed as part of the site plan. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. f. Compatibility. The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. (1) The proposed rezoning is compatible with the current and future use of adjacent and nearby properties: there is a considerable diversity of land uses in proximity of the subject property, from residential uses of various types and densities to institutional and industrial uses. For example, Cedar Ridge Estates, east of the property, are developed with both townhomes and single family homes; the townhome section of the Estates has the density of 8.09 du/acre (as compared with the 10 du/acre for the proposed project). Staff foresees no negative impact on property values. (2) The rezoning, increasing the housing choices, is related to the needs of both. (See also a response to {a}). g. Direct Economic Development Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the 334 of 579 economic benefits of the proposed amendment, specifically, whether the proposal would: (1) Further implementation of the Economic Development (ED) Program; (2) Contribute to the enhancement and diversification of the City’s tax base; (3) Respond to the current market demand or community needs or provide services or retail choices not locally available; (4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage; (5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects; and (7) Alleviate blight/economic obsolescence of the subject area. As already noted in this report, the proposed rezoning does not involve a change in a land use classification of subject property, nor does it represent a significant change in density from the first Master Plan approved on the property. The project certainly complies with criteria #2, #3 (see response to “a”), and also #6, the latter through complementarity between the school and the residential component of the PUD. h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph “g” above; and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposed rezoning does not change the type of land use allowed on the property. i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. N/A. The use is already allowed. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and the site development standards of Chapter 4. 335 of 579 The concurrent master plan and site plan shall comply with said requirements. RECOMMENDATION As indicated herein, staff has reviewed the proposed land use amendment and rezoning and determined that it is consistent with the Comprehensive Plan objectives and contributes to economic development. Therefore, staff recommends that the subject request be approved. S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\REZN 14-002\Staff Report High Ridge NUC PUD.doc 336 of 579 9. B PUBLIC HEARING August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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 a Major Site Plan Modification (MSPM 14- EQUESTED CTION BY ITY OMMISSION 002) to allow construction of 184 multi-family rental units (High Ridge Landing) consisting of eight (8) two- and three-story apartment buildings, amenity area, and related site improvements at the northwest corner of High Ridge Road and Miner Road, on 8.44 acres within a PUD (Planned Unit Development) zoning district. Applicant: Ron Roan of High Ridge Housing, LLC. NOTICE: FOLLOWING THE CLOSE OF PUBLIC COMMENTS, FINAL ACTION WILL BE TABLED TO THE SEPTEMBER 3, 2014 MEETING SO THAT FINAL ACTION IS TAKEN CONCURRENTLY WITH FINAL ACTION ON THE ACCOMPANYING REZONING ITEM. ER: The applicant is requesting a major site plan modification for XPLANATION OF EQUEST High Ridge Landing PUD to modify the approved Master Plan and Site Plan by revising the total number of units (184 is the maximum allowed at 10 dwelling units per acre), changing the type of housing proposed, and revising related site improvements. The owner of property occupied by Imagine Charter School (currently zoned R-2) and the new owner of the remaining parcel (currently zoned PUD) are jointly requesting a concurrent rezoning of the entire 18.44 acres to PUD with a new master plan that would integrate the proposed residential component with the existing school and soon-to-be developed athletic field (see REZN 14-002). According to the site plan, a total of 325 parking spaces are provided, which is a deficiency of 55 spaces and an equivalent of 1.7 parking spaces per unit. The applicant has noted that 1.7 parking spaces per unit is an accepted industry standard that has been utilized in other “New Urban” style developments that offer a range of on-site amenities, and are located in close proximity to off-site amenities and uses that will 337 of 579 serve the neighborhood. Staff has researched this and is proposing a code revision to the parking regulations (CDRV 14-002) concurrent with this request that will facilitate a reduction in required parking spaces while promoting and recognizing developments that propose sustainable design or operation. Based on the proposed code revision (CDRV 14-002), parking ratios of 1.33 spaces per each one (1)-bedroom apartment (reduction of .17/unit) and 1.66 spaces per each two (2) or more bedroom apartment (a reduction of .34/unit), the 325 parking spaces proposed would comply with the minimum off-street parking requirements. The Planning & Development Board at their July 22, 2014 meeting voted to deny the major site plan modification request. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The project would generate approximately $160,000 of annual ISCAL MPACT revenues in ad valorem taxes and fire assessment. The estimate of total annual fees for water, sewer, and stormwater is $58,800. The necessary services can be provided within the existing capacity of the respective city departments: no additional capital outlays or increased staffing would be required. The park impact fee will be $109,480. A: None recommended LTERNATIVES 338 of 579 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 14-025 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Kathleen Zeitler Planner II DATE: July 15, 2014 PROJECT NAME/NO: High Ridge Landing PUD / MSPM 14-002 REQUEST: Major Site Plan Modification PROJECT DESCRIPTION Property Owner: High Ridge Housing, LLC Applicant: Ron Roan, Vice-President of High Ridge Housing, LLC Agent: Brian Cheguis, Principal Planner with Cotleur & Hearing, Inc. Location: Northwest corner of High Ridge Rd and Miner Rd (see Exhibit “A” – Location Map) Existing Land Use: Medium Density Residential (MeDR) Existing Zoning: PUD, Planned Unit Development (with a Master Plan for 110 single-family homes) Proposed Land Use: No change proposed Proposed Zoning: PUD, Planned Unit Development (with a new Master Plan for 184 multi-family apartments, Imagine Charter School and athletic fields) (see REZN 14-002) Proposed Use: Request major site plan modification to construct 184 multi-family apartments Acreage: 8.33 acres (362,855 square feet) for proposed residential area Adjacent Uses: North: Proposed Imagine Charter School sports field on 5.31 acres on property classified MeDR (Medium Density Residential) future land use and zoned PUD; and farther north, Imagine Charter school on 4.22 acres on property 339 of 579 classified MeDR future land use, and currently zoned R-2 with proposed rezoning to PUD (see REZN 14-002); and single-family homes in unincorporated Palm Beach County, designated PBC LR-2 (Low Density Residential) and zoned PBC RS (Single-Family Residential); South: Right-of-way of Miner Road, then developed property (High Ridge Commerce Center II flex-space warehouse) classified I (Industrial) future land use, and zoned M-1 (Light Industrial); farther south a townhome development (Canterbury) with a density of approximately 9.9 du/acre, classified I (IndustriaI) future land use and zoned PID (Planned Industrial Development); and to the southwest, undeveloped property within unincorporated Palm Beach County classified PBC IND (Industrial) future land use and zoned PBC RS (Single-Family Residential). East: Right-of-way of High Ridge Road, then developed industrial property (High Ridge Commerce Center) classified I (Industrial) future land use, and zoned PID (Planned Industrial Development), and to the northeast, Cedar Ridge Estates PUD with single family homes and townhomes (townhomes built at 8.04 du/acre), classified LDR (Low Density Residential) and zoned PUD (Planned Unit Development); and, West: Undeveloped property (High Ridge Country Club) designated LDR (Low Density Residential) and zoned R1AA (Single Family Residential), and farther west, High Ridge Country Club golf course and clubhouse classified REC (Recreation) future land use, and zoned REC (Recreation). BACKGROUND Agent Brian Cheguis with Cotleur & Hearing Inc., on behalf of applicant Ron Roan, Vice- President of High Ridge Housing LLC, is requesting a major site plan modification for High Ridge Landing PUD to modify the approved Master Plan and Site Plan by revising the total number of units, changing the type of housing proposed, and revising related site improvements (see Exhibit “B” – Site Plan). The owner of property occupied by Imagine Charter School (currently zoned R-2) and the new owner of the remaining parcel (currently zoned PUD) are jointly requesting a concurrent rezoning of the entire 18.44 acres to PUD with a new master plan that would integrate the proposed residential component with the existing school and soon-to-be developed athletic field (see REZN 14-002). Pedestrian walking paths with gate access and a shared driveway access from Miner Road will provide interconnectivity between the residential part of the PUD and the school and athletic field, while interconnectivity with adjacent properties will be maintained through sidewalks along High Ridge Road and Miner Road. The maximum density allowed by the MeDR (Medium Density Residential) land use classification is 10 dwelling units per acre (at time of previous site plan approval MeDR was 9.68 du/ac), which would provide the developer a maximum of 184 units. The previous approval in 2007 (MSPM 07-010) for High Ridge PUD was for 110 single-family detached units on 18.44 5.96 dwelling units per acre (du/ac), a net reduction of 64 units from the acres at a density of previously approved 2005 site plan. The original site plan in 2005 (NWSP 05-016) was approved for 48 single-family detached units and 126 fee-simple townhouse units at a density of 9.43 du/ac. Due to the modified design from single-family lots and interior streets, a revised plat is required to be submitted to the Engineering Division for their review and approval prior to the issuance of a building permit for the project (see Exhibit “C” – Conditions of Approval). 340 of 579 To date, the High Ridge PUD project has been approved for the following: an annexation (ANEX 05-001); a future land use map amendment (LUAR 05-002) from PBC MDR (Medium Density Residential) with a density of 5 dwelling units per acre, and PBC LR-2 (Low Density Residential) with a density of 2 dwelling units per acre to the City’s MeDR (Medium Density Residential) classification with a density of 9.68 dwelling units per acre; a rezoning (LUAR 05- 002) from PBC RS (Single-Family Residential) to PUD (Planned Unit Development); a new site plan (NWSP 05-016); a minor site plan modification (MMSP 06-051); and a site plan time extension (SPTE 06-013), which extended site plan approval to September 20, 2007; a major site plan modification (MSPM 07-010) and a site plan time extension granted by state law in 2012. ANALYSIS Concurrency: Traffic: A traffic impact analysis for the proposed project prepared by Kimley-Horn and Associates, Inc. was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. Based on the traffic impact analysis, all significantly impacted links (using Level of Service D and E service volumes) would operate acceptably through build-out of the project in 2019. A traffic concurrency approval letter was received from Palm Beach County indicating that 94 AM peak hour trips and 114 PM peak hour trips would be generated as a result of this project, and that no permits are to be issued after the build-out date of 2019. In 2007, land was dedicated from the previous owner of the subject property to Palm Beach County for future High Ridge Road right-of-way. Per the submitted traffic impact analysis, a review was conducted of the Five Year Plans of Palm Beach County and FDOT, as well as those improvements committed to by the developers of projects in the area. Based on the review, no roadway improvements are projected to be within the project’s impact radius. Also the projected turning movement volumes for the project did not exceed the specified volume thresholds, therefore no additional turn lanes were recommended . School: The School District of Palm Beach County has reviewed the application for a concurrency determination on the proposed project of 184 apartment units and found it complies with the adopted Level of Service (LOS) for Schools. Adequate capacity exists in area public schools to accommodate the projected resident population. Utilities: The City’s water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water needs for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve this project. Drainage: Conceptual drainage information was provided for the City’s review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit. 341 of 579 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. Police staff has determined that current staffing levels would be sufficient to meet the expected demand for services. The Fire Department expects to be able to maintain an adequate level of service for the subject project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire, including infrastructure requirements such as fire hydrants, would be addressed during the permitting process. Access: The proposed development of rental apartments would be gated for privacy. One (1) main point of ingress/egress via a driveway connection to High Ridge Road is proposed (see Exhibit “B” – Site Plan). The access would be located approximately 400 feet from the intersection of High Ridge Road and Miner Road and align with Commerce Road located on the east side of High Ridge Road. The site plan shows that there are two (2) lanes for ingress into the subject property, and one (1) egress lane to exit, separated by a landscaped median 12 feet wide and approximately 115 feet long. All ingress and egress lanes are 12 feet wide. The left ingress lane includes a call box for visitors to gain entry through the gates, and the right ingress lane serves as a bypass lane for residents. A queuing area 105 feet in length is provided from the access at High Ridge Road to the call box, allowing for the stacking of several vehicles on-site. Past the median is a proposed 2-way drive aisle flanked on the north and south by an access gate that would allow residents entry into the development. The 24 foot wide drive aisle would also serve as a vehicular turn-around area for drivers that cannot enter through the security gates. A secondary point of ingress/egress is from the existing full access drive on Miner Road located approximately 450 feet from the intersection of Miner Road and High Ridge Road. A two-way gated access point for resident access only is located off the existing Miner Road driveway. All gates would have lock boxes for Fire Department access. The driveway openings allow for sufficient ingress and egress of emergency and service vehicles. The plans also show a 20-foot wide emergency access point from High Ridge Road near the northeast corner of the site. This stabilized sod access route would be gated and used for emergency purposes only if the main entrance is obstructed. Vehicular circulation within the development is provided through private drive aisles. Each two (2)-way drive aisle would have 12.5 foot wide travel lanes, which would conform to current engineering standards. Some residents would access their garage space via these drive aisles, while other residents without a garage space would access parking spaces near their residential building. The sidewalks are proposed separately from the vehicular use areas, and provide pedestrian connectivity throughout the site. Sidewalks ranging from four (4) to seven (7) feet wide throughout the development and provide pedestrian access to amenities such as the recreation building, pool, and poolside gazebo, and lake. Parking: Both garage and surface parking spaces are proposed for the development. The current parking regulations require one and one-half (1.5) parking space per one (1)-bedroom apartment. Two (2) and three (3)-bedroom apartments require two (2) parking spaces per unit. The project proposes 48 one (1)-bedroom units, and 136 two (2)-bedroom and three (3)-bedroom units. The recreational amenity area requires 0.15 per unit for guest parking plus one (1) space per 300 square 342 of 579 feet of area within the recreation building that is devoted to leasing and offices. Based on the above current parking regulations, a minimum of 380 spaces are required for the 184 proposed units and recreational amenity area (equivalent to 2.06 parking spaces per unit). According to the site plan, a total of 325 parking spaces are provided, which is a deficiency of 55 spaces and an equivalent of 1.7 parking spaces per unit. The applicant has noted that 1.7 parking spaces per unit is an accepted industry standard that has been utilized in other “New Urban” style developments that offer a range of on-site amenities, and are located in close proximity to off-site amenities and uses that will serve the neighborhood. Staff has researched this and is proposing a code revision to the parking regulations (CDRV 14-002) concurrent with this request that will facilitate a reduction in required parking spaces while promoting and recognizing developments that propose sustainable design or operation. Based on the proposed code revision parking ratios of 1.33 spaces per each one (1)-bedroom apartment (reduction of .17/unit) and 1.66 spaces per each two (2) or more bedroom apartment (a reduction of .34/unit), the 325 parking spaces proposed would comply with the minimum off-street parking requirements, should the code revision (CDRV 14-002) be adopted as proposed. The proposed development is located within close proximity to job centers, institutional uses, public recreational natural lands, and public transportation systems (within 0.5 mile of the Boynton Beach Tri-Rail station and Palm Tran bus stop). The applicant is encouraging a range of sustainable initiatives as part of the built and operational programming of the site by incentivizing the use of alternative modes of transportation. Proposed is a sustainable living environment that accommodates bikes, low-powered mopeds and scooters, motorcycles, compact vehicles, and electric vehicles, and provides integrated pedestrian facilities within the community. Operational rules shall be proposed regarding the maximum number of vehicles per unit, especially lesser used vehicles such as recreational, work, or utility vehicles and equipment. Incentives shall be proposed for single vehicle households or those regularly using or dependent on public transportation, while one (1)-bedroom units with more than one (1) car, and two (2)-bedroom units with more than two (2) cars may pay more rent each month. All proposed parking stalls, including the size and location of the handicap space, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and pavement markings will be provided to clearly delineate areas on site and direction of circulation. Landscape: Site plan tabular data indicates the pervious area (open space, buffer, recreation area, and lake) would total 29% of the entire site. A total of 1.74 acres of the subject property would be landscaped open space and buffers. This pervious surface would account for 21% of the total site. The landscape plan provides a complimentary mix of canopy trees and palms exceeding the City’s minimum landscape requirements, and proposes buffers around the perimeter of the entire development; landscape islands throughout the off-street parking areas; and foundation plantings around all building elevations. Proposed plant material is limited by the landscape code to native and drought tolerant species with low to medium water needs (waterwise Florida- friendly plants). Tree species would include the following:Black Olive, Gumbo 343 of 579 Limbo, Sweet Mahogany, Brazilian Beautyleaf, Cassia, Royal Poinciana, Slash Pine, Live Oak, Silver Buttonwood, and East Palatka Holly. Palm species would include the Green Malayan Coconut, European Fan, Sabal, Montgomery, Alexander, Christmas, Pygmy Date, Royal, and Bismarck palms. The landscape plans indicate compliance with the required minimum buffers around the perimeter of the site. Landscape buffers along the rights-of-way of High Ridge Road and Miner Road would be 15 feet wide and contain alternating Live Oak and East Palatka Holly canopy trees planted every 30 feet and a continuous hedge three (3) feet in height of Red-tip Cocoplum. A decorative five (5) foot high aluminum rail fence with brick columns would be located on the outside edge of the Cocoplum hedge and have clustered Viburnum shrubs around each brick column. Outside the fence would be a continuous hedge of variegated Pittosporum two (2) feet in height and Green Island Ficus groundcover to the property lines. Similar landscaping is proposed along the east side of the Miner Road access drive. The landscape buffer along the west property line is existing and is located adjacent to a buffer for High Ridge Country Club. A total of eight (8) Florida Royal palm trees 22 feet in height are proposed along main entrance leading to the recreational amenity area. Bismarck Palms are proposed within the main entrance median. The pool and cabana area would be heavily landscaped with a variety of plant material. Lake planting will include upland transitional plants such as Bald Cypress and Dahoon Holly. Littoral plantings within the lake would include Canna Lily, Spike Rush, Pickerel Weed, Duck Potato, and Water Lily. The code limits the use of sod to larger open spaces for passive or active recreation purposes, as well as swales, water detention and retention areas, in an effort to reduce water consumption. The applicant has reduced the amount of sodded areas from the original submittal, limiting placement to the rear yard play area. If the areas labeled Active Rec/Sod Areas to the rear of Buildings 1, 2, 4, and 6 remain sodded, staff proposes a condition of approval that the plans be revised to indicate relocation of landscaping to provide pedestrian accessibility to these areas for all residents of the development for recreational purposes, and include continuous walking paths and signage as dog walk areas (see Exhibit “C” – Conditions of Approval). Burford Holly at four (4) feet in height is proposed to screen the trash compactor. All above-ground mechanical equipment such as exterior utility boxes, meters, transformers, and back-flow preventers would be visually screened with three (3)-foot high Viburnum hedges. Each building would have landscape material proposed along all four (4) building sides. Select trees would be installed at half the building height. Buildings: The 184 units are proposed within 8 separate three (3)-story buildings consisting of Type 1, Type II, and Type III buildings. The site plan indicates the 184 proposed units would include the following mix: 48 one (1)-bedroom, one (1)- bath units; 112 two-(2) bedroom, two (2)-bath units; and 24 three (3)-bedroom, two (2)-bath units. Each Type I building would contain a total of 20 two (2) bedrooms units. The Type I building is arranged with eight (8) units on the first and second floor and four (4) units on the third floor. Each unit would be a total of 1000 square feet. 344 of 579 The Type 1 buildings proposed are Building #4 and Building #6 located adjacent to High Ridge Road. Each Type II building would contain a total of 24 units consisting of 12 units that are two (2)-bedroom, and 12 units that are three (3)-bedroom. The Type II building is arranged with a mix of four (4) two (2)-bedroom units and four (4) three (3)-bedroom units on each of the three (3) floors. Each two (2)-bedroom unit would be a total of 1000 square feet, and each three (3)-bedroom unit would be 1,200 square feet. The Type II buildings proposed are Building #1 located near the intersection of High Ridge Road and Miner Road, and Building #5 located south of the lake. Each Type III building would contain a total of 24 units consisting of 12 units that are one (1)-bedroom, and 12 units that are two (2)-bedroom.The Type III building is arranged with a mix of four (4) one (1)-bedroom units and four (4) two (2)-bedroom units on each of the three (3) floors. Each one (1)-bedroom unit would be a total of 800 square, and each two (2)-bedroom unit would be 1,000 square feet. The Type III buildings proposed are Buildings #2 and #3 located near the Miner Road access drive, and Buildings #7, and #8 located near the lake. Height: The maximum building height allowed in the PUD zoning district is 45 feet, not to exceed four (4) stories. All of the residential buildings will comply with the maximum height requirement for the PUD zoning district. Each of the proposed buildings is three (3) stories with a total mean building height of 34 feet nine- inches (34’-9”), measured at the mid-point of the highest pitched roof. Setbacks: The minimum required perimeter building setbacks of a PUD are flexible, however, the required perimeter building setbacks of the PUD must resemble the setbacks of the adjacent development where a PUD is adjacent to single-family residential zoning. The largest setback required within single-family residential zoning districts is 25 feet. All proposed buildings would have a minimum setback of 25 feet from perimeter property lines in compliance with PUD setback requirements. Amenities: Residents and their guests will have access to recreational amenities through landscaped pedestrian walkways throughout the development. The proposed amenity area is centrally located and includes a one (1)-story recreation building of 4,000 square feet with the same architectural elements as the residential buildings. The recreation building will offer a large clubroom for meetings and social events, a large fitness room, an internet café, a kid’s playroom, restrooms, covered front and rear porches, and a mail kiosk. A portion of the recreation building will also house the apartment leasing, management, and maintenance offices, including golf cart storage. A swimming pool (approximately 800 square feet), spa, and poolside gazebo are proposed to the rear of the recreation building. Pedestrian amenities throughout the development would include benches, covered bike racks, and trash receptacles. Design: The proposed buildings have a Florida Vernacular architectural style that includes a textured stucco finish, shaped horizontal banding to break up the mass of the facades, and flat clay tile roofs. Horizontal and vertical articulation is maximized by varying roof lines and building off-sets. Decorative features will include mullioned windows, Bahama shutters, coach lights, balconies with decorative aluminum railings, cast stone pilasters, French doors, and screened 345 of 579 patios. A pastel color palette includes a separate building color for each building type. The design, as proposed, would provide for a sense of separation between units and lessen the perceived density typical of multi-family developments. Lighting: The photometric plan (sheet A5.01 PH) proposes 40 freestanding pole light fixtures throughout the development. The plan demonstrates that lighting levels would be adequate and not “spill” over onto adjacent properties. Per the photometric plan, all proposed lights will be shielded to direct light down and away from adjacent properties and rights-of-way as required. Signage: The site plan depicts a two-sided monument entry sign proposed 10 feet from the east property line within the development’s driveway median. The proposed sign will identify the name of the development and include the property address. The sign itself is limited to five (5) feet in height and the maximum sign face allowed is 16 square feet, and shall be externally illuminated. Typically, sign details are provided as part of the site plan review and approval, however no sign details were included on the plans. Staff recommends as a condition of approval that the plans be revised at time of permitting to include all proposed signage. The architecture, building materials, finish, and colors are required to be incorporated into the signage to match the buildings. Public Art: The proposed project is subject to the Art in Public Places Ordinance which requires the developer to either place public art on site or pay the art fee in lieu of on-site art. The developer of this project has indicated that payment will be made at time of permitting into the Public Art fund, rather than placing public art on site. RECOMMENDATION: The Development Application Review Team (DART) has reviewed this request for major site plan modification and recommends approval contingent upon approval of the concurrent request for rezoning (REZN 14-002) ) including a new master plan, and the concurrent code revisions for parking (CDRV 14-002), and upon satisfying all comments indicated in Exhibit “C” – Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\MSPM 07-010\Staff Report.doc 346 of 579 347 of 579 348 of 579 349 of 579 EXHIBIT “C” – CONDITIONS OF APPROVAL Project Name: High Ridge Landing File number: MSPM 14-002 nd Reference: 2review plans identified as a Major Site Plan Modification with a June 10, 2014 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. At time of permitting, submit an irrigation plan for review and approval. Landscaping must meet the Engineering Design Manual Standards P-13 and K-8 for sight triangle and there shall be unobstructed cross visibility at a level between 2.5 feet and 8 feet √ above the pavement. (2010 LDR, Chapter 4, Article II, Section 4.A.12.f.) FIRE Comments: None (All previous comments have been addressed). POLICE Comments: None (All previous comments have been addressed). BUILDING DIVISION Comments: 2. 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. 3. At time of permit review, submit signed and sealed working drawings of the proposed construction. √ 4. 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). 350 of 579 DEPARTMENTS INCLUDE REJECT At the time of permit review, submit details of reinforcement of 5. 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. Identify within the site data the finish floor elevation (lowest 6. floor elevation) that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: a. The design professional-of-record for the project shall add the following text to the site data. “The proposed finish floor elevation ____. __ NGVD is above the highest 100- √ year base flood elevation applicable to the building site, as determined by the SFWMD’s surface water management construction development regulations.” b. From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. c. Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 7. A water-use permit from SFWMD is required for an irrigation system that utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of √ permit application, F.S. 373.216. 8. Pursuant to approval by the City Commission and all other 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. 9. All areas of the recreation/leasing center shall comply with the Federal Fair Housing Act. √ 10. The east wall of building #2 and the west wall of building #1 shall be of fire rated construction. The required fire rating shall be based on the type of construction as classified in Section √ 602 of the 2010 Florida Building Code, Building Volume, and Table 602. 351 of 579 DEPARTMENTS INCLUDE REJECT 11. 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) PARKS & RECREATION Comments: 12. The impact fee per dwelling for a multi-family (dwellings in buildings containing 5 or more units) project is $595 per unit. Therefore, the √ impact fee for this project is $109,480 (184 x $595). PLANNING & ZONING Comments: Approval of this project is contingent upon the approval of the 13. √ accompanying request for rezoning (REZN 14-002). √ A re-plat of the subject property shall be required prior to 14. permitting. The parking deficiency on plans shall require the addition of 15. √ spaces to address deficiency, a code revision, or a variance to the current regulations concurrent with or prior to site plan approval. 16. At time of permitting, revise the Master Plan to label the drainage area “Shared Retention Pond”. √ 17. The location of the proposed monument sign in the entrance median is subject to Engineering review (for safe sight distance) and √ approval. 352 of 579 DEPARTMENTS INCLUDE REJECT 18. At time of permitting, correct the Master Plan site data to (1) indicate acreage and square footage breakdown for each land use in the PUD; (2) correct existing and proposed land use to Medium Density Residential (MeDR) and maximum density to √ 10; (3) correct proposed building height; and (4) correct Lot Coverage Calculations to include “square feet” after numbers and percentage of total as an additional column; and (5) correct spelling of Building Lot Coverage under Impervious. 19. At time of permitting, revise rear garage elevation (sheet A2.01G) to include architectural enhancements that do not replicate garage doors in compliance with the design standards √ of the Land Development Regulations and for contribution to project appearance visible from streets and access road. 20. At time of permitting, revise landscape plans to replace sod with groundcovers or other plants except where used for play areas or otherwise where residents have access for recreational purposes. If the areas labeled Active Rec/Sod Areas to the rear of Buildings 1, 2, 4, and 6 remain sodded, the plans shall be √ revised to indicate relocation of landscaping to provide pedestrian accessibility to these areas for all residents of the development for recreational purposes, and include continuous walking paths and signage as dog walk areas. Indicate all existing and proposed utility lines and easements, 21. √ their purposes and widths, on all plans. 22. The applicant shall coordinate with the property owner of the adjacent sports field to ensure that their respective site plans indicate the correct location of the pedestrian gate proposed near Building #8, √ leading to the sports field. At time of permitting, revise plans to include a detail of 23. √ perimeter fence with brick columns and gates (man gates, sliding gates, etc). Indicate height, type, materials, and colors on each detail. 24. At time of permitting, revise all plans to match the revised parking layout showing spaces for motorcycles, compact cars, and spaces √ for charging of electric vehicles, dispersed throughout the development. 353 of 579 DEPARTMENTS INCLUDE REJECT 25. At time of permitting, revise site plan to provide the minimum number of required pedestrian amenities. All bike racks shall be covered, and to the maximum extent feasible, trash receptacles shall include √ ashtrays and be located near other pedestrian amenities. 26. At time of permitting, revise photometrics plan to include an elevation drawing of a typical freestanding outdoor lighting pole (indicating height from grade to top). The typical drawing of the freestanding √ outdoor lighting poles must include the color and materials. 27. At time of permitting, revise photometrics plan to include the following notes: The design, style, and illumination level shall be compatible with the building design (height) and shall consider safety, function, and aesthetic value. A minimum average light level of one (1) foot candle shall be provided, with no more than 10% of the spot readings √ below one (1) foot candle and none below ½ foot candle. Lighting shall not be of an intensity that produces glare on adjacent property. Feature lighting emphasizing plants, trees, barriers, entrances, and exits is encouraged. 28. At time of permitting, revise plans to ensure that the locations of all freestanding light poles are consistent on each sheet and that they √ are not too close to landscaping when it becomes mature. 29. At time of permitting, revise site plan and landscape plan to dimension width of perimeter buffers. √ 30. At time of permitting, revise Landscape Details sheet so that plant list and landscape notes are on right side of page (not legible due to √ stapled set). 31. At time of permitting, revise landscape plan to include the amount of pervious and impervious area (in square feet and percent of site). √ 32. At time of permitting, revise landscape plan plant list to include sod if sod is proposed. Staff recommends further elimination of any small sod areas to reduce irrigation demand, substituting hardy √ groundcovers and shrubs in place of sod. 33. At time of permitting, revise landscape plan to note proposed method of irrigation. An irrigation plan is required to be submitted and √ approved prior to the issuance of a permit for this project. DEPARTMENTS INCLUDE REJECT 34. At time of permitting, revise plans to include materials and color of lettering proposed on monument sign, as well as uplighting detail. √ 354 of 579 35. At time of permitting, revise landscape drawings to show the calculations to demonstrate compliance with the landscape requirements for the following specified areas: perimeter of site; building foundations; vehicular use areas/parking lots (25 sf of √ landscape island area per parking space) and required landscape island size (225 sf and no dimension less than 15’). 36. At time of permitting, revise landscape plan to provide total trees, palms, shrubs, groundcovers required and provided. √ 37. At time of permitting, revise landscape plan (sheet 1) to correct corner conflict between sidewalk and landscaping at Miner Road √ pedestrian entrance. 38. At time of permitting, revise plans to indicate all parking spaces designed for motorcycles, scooters, mopeds, etc. as covered parking √ spaces. 39. At time of permitting, revise plans to indicate a decorative paver pedestrian crosswalk in front of the trash compactor to provide √ continuous pedestrian connectivity to sidewalks. 40. At time of permitting, revise plans to comply with all the requirements of Chapter 4, Article V, Section 3.G., Parking Reductions for √ Sustainability (concurrent CDRV 14-002), as adopted. COMMUNITY REDEVELOPMENT AGENCY Comments: N/A (Property is not located in the CRA area). PLANNING & DEVELOPMENT BOARD COMMENTS Comments: No additional conditions. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\MSPM 14-002\Exhibit C - Conditions of Approval.doc 355 of 579 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: High Ridge Landing (MSPM 14-002) APPLICANT: Ron Roan, High Ridge Housing, LLC APPLICANT’S ADDRESS: 5604 PGA Blvd., Suite 109, Palm Beach Gardens, FL 33418 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 19, 2014 APPROVAL SOUGHT: Major site plan modification to construct 184 multi-family apartments and related site improvements on 8.33 acres zoned PUD. LOCATION OF PROPERTY: NW corner of High Ridge Rd and Miner Rd 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:__________________________ _____________________________________________ City Clerk 356 of 579 S:\Planning\SHARED\WP\PROJECTS\High Ridge Landing\MSPM 14-002\DO.doc 357 of 579 9. C PUBLIC HEARING August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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.14-015 - FIRST EQUESTED CTION BY ITY OMMISSION READING - PUBLIC HEARING - Approve request for The Women’s Circle rezoning (REZN 14- 003) of subject property from C-3 (Community Commercial) to C-2 (Neighborhood Commercial), th located at 910-918 SE 4 Street. Applicant: Sr. Lorraine Ryan, The Women's Circle, Inc. NOTE: THE SECOND AND FINAL PUBLIC HEARING OF THIS ORDINANCE WILL BE SEPTEMBER 3, 2014. ER: This item is a request from the Women’s Circle to rezone its XPLANATION OF EQUEST property, consisting of 3 parcels, from C-3 (Community Commercial) to C-2 (Neighborhood Commercial). The agency provides education and job training to low- income immigrant women striving for self-sufficiency. Initially, the services were housed in a building located on the middle parcel, acquired in 2009; in 2012, the agency bought the adjacent lot to the north and one to the south of the property, with a plan to expand its services to accommodate a constantly growing demand. At the time the Women’s Circle obtained its first property at a current location, a Social Service Agency use was permitted in the C-3 zoning district. Then, in May of 2012, amendments to the Land Development Regulations introduced major changes affecting several not-for-profit uses. Consequently, a Social Service Agency was eliminated as a permitted use in the C-3 zoning district. The proposed rezoning to C-2 would allow the Women’s Circle to expand the facility to add clients and increase the scope of services to continue its mission, which is consistent with the City’s Economic Development Program’s goal of supporting training opportunities to upgrade worker skill sets. Moreover, the proposed rezoning is 358 of 579 compatible with the surrounding uses, and the proximity of The Women’s Circle to residential communities is expedient to the agency’s potential clients who may live there. Finally, the subject location, with no frontage of Federal Highway, is not likely to develop as one of more intensive uses allowed in the C-3 district, which require better access and better visibility. The Planning and Development Board recommended this request for approval on July 22, 2014. H? No impact on City programs or OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES services. FI: The agency is a not-for-profit organization and therefore exempt from ISCAL MPACT ad valorem taxes; the additional fire assessment will be $916. The estimate of total annual fees for water, sewer, and stormwater is $1,367. The necessary services can be provided within the existing capacity of the respective city departments: no additional capital outlays or increased staffing would be required. A: None recommended LTERNATIVES 359 of 579 ORDINANCE NO. 14-015 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF SR. LORRAINE RYAN OF THE WOMEN’S CIRCLE, INC., AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND LOCATED AT 910-918 TH SOUTHEAST 4 STREET, AS MORE FULLY DESCRIBED HEREIN, FROM COMMUNITY COMMERCIAL DISTRICT (C-3) TO NEIGHBORHOOD COMMERCIAL DISTRICT (C-2); 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, Sr. Lorraine Ryan has filed a petition on behalf of the owner, The Women’s Circle, Inc., 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. th Section 2. The following described land located at 910-918 Southeast 4 Street, as more fully described herein, is hereby rezoned from Community Commercial District (C-3) to Neighborhood Commercial District (C-2): LEGAL DESCRIPTION: 360 of 579 A PARCEL OF LAND IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWHSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 28 WITH THE WEST RIGHT-OF-WAY LINE OF STATE ROAD NO.5 (US HIGHWAY NO.1), WHICH POINT OF INTERSECTION IS 86.36 FEET WEST OF THE EAST SECTION LINE, WHEN MEASURED ALONG SAID NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTE; THENCE WESTERLY ALONG SAID NORTH LINE A DISTANCE OF 196.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE WESTERLY ALONG THE SAME COURSE A DISTANCE OF 97.21 FEET TO THE TH EAST RIGHT-OF-WAY LINE OF SE 4 STREET, A 60 FOOT RIGHT-OF-WAY AS LAID OUT AND IN USE; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 118.52 FEET TO THE NORTHWEST CORNER OF THE PLAT OF PARKER ESTATE, AS RECORDED IN PLAT BOOK 10, PAGE 37, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, ALSO BEING THE NORTHWEST CORNER OF LOT 24 OF SAID PLAT; THENCE CONTINUE ALONG THE SAME LINE, BEING THE WEST LINE OF SAID LOT 24 AND ALONG THE WEST LINE OF LOT 23 OF SAID PLAT, A DISTANCE OF 75.00 FEET; THENCE EASTYERLY , PARALLEL TO THE SOUTH LINE OF SAID LOT 24, A DISTANCE OF 100.00 FEET TO THE EAST LINE OF SAID LOT 23; THENCE NORTHERLY ALONG SAID EAST LINE OF LOT 23, AND ALONG EAST LINE OF SAID LOT 24, A DISTANCE OF 75.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 24; THENCE WESTERLY, ALONG THE NORTH LINE OF SAID LOT 24, A DISTANCE OF 4.58 FEET TO A POINT 125.42 FEET EASTERLY OF THE NORTHWEST CORNER OF SAID LOT 24; THEN NORTHERLY AT RIGHT ANGLES TO THE PRECEEDING COURSE, A DISTANCE OF 118.52 FEET TO THE POINT OF BEGINNING. CONTAINING 18,914 SQUARE FEET, OR 0.43 ACRE. 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. th FIRST READING this 19 day of August, 2014. SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2014. CITY OF BOYNTON BEACH, FLORIDA 361 of 579 ______________________________ 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) 362 of 579 363 of 579 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 14-020 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: July 1, 2014 PROJECT: The Women’s Circle REZN 14-003 REQUEST: Approve request for The Women’s Circle rezoning (REZN 14-003) of subject property from C-3 Community Commercial District to C-2 Neighborhood Commercial District ________________ PROJECT DESCRIPTION Property Owner: The Women’s Circle, Inc. Applicant: Sr. Lorraine Ryan/The Women’s Circle, Inc. th 910-918 SE 4 Street (Exhibit “A”) Location: Existing Land Use/ Zoning: Local Retail Commercial (LRC) / C-3 Community Commercial District Proposed Land Use/ Zoning: No change in Land Use / C-2 Neighborhood Commercial District Proposed Use: Social Service Agency: proposed addition to an existing building and related improvements Acreage: +/- 0.43 acre Adjacent Uses: North: Developed property (a Chase Bank), classified Local Retail Commercial and zoned C-3 Community Commercial District. South: Developed Property (City facility—Senior Center), classified Local Retail 364 of 579 Commercial and zoned C-3 Community Commercial District. East: To the northeast, developed commercial property (a motel), classified Local Retail Commercial and zoned C-3 Community Commercial District; to the southeast, a developed commercial property and, further south, a restaurant, both properties classified Local Retail Commercial and zoned C-3 Community Commercial District. West: The right of way of SE 4 th Street; further west, developed single-family homes and developed duplex, all classified Medium Density Residential and zoned R-2, Single- and Two-Family Residential District. BACKGROUND The subject property includes three parcels. The Women’s Circle Inc., a social service agency providing education and job assistance to low-income women, mostly Haitian immigrants, has housed its services and classes in a building located on the middle parcel. The agency moved to this location in 2009, buying the property with the financial assistance (loan) from the CRA. In 2012, it bought the adjacent lot to the north and one to the south of the property, with a plan to expand the facility to accommodate a growing demand for its services. However, under the current property’s C-3 zoning, a Social Service Agency is a nonconforming use and therefore the expansion of the use cannot proceed. To address this issue, the Women’s Circle is requesting to rezone the property to C-2, the Neighborhood Commercial District in which the subject use is permitted. If approved, the rezoning will allow the organization to carry out its expansion plans. At the time the Women’s Circle obtained its first property at a current location, a Social Service Agency use was permitted in the C-3 zoning district. Then, in May of 2012, the City amended the Land Development Regulations (LDR) to implement recommendations of the Moratorium Study conducted by staff (Notice of Intent #2011-01) and thus introduced major changes affecting the zoning districts that permit not-for-profit uses such as churches, schools, social service agencies, and civic and fraternal organizations in certain zoning districts. The study recommendations and subsequent amendments supported several of the Economic Development initiatives adopted by the City Commission in 2011 as part of the Economic Development Program and Initiatives, with the emphasis on provisions for tax-exempt uses in the context of a more comprehensive analysis of how to maximize economic and fiscal value of development in the C-3, C-4, PCD, PID, M-1 and mixed use zoning districts. The City had little industrial and commercial land left, and, moreover, was facing fiscal problems. Therefore, maximizing land available for “for-profit” businesses and maximizing contribution of new development to the City’s tax base became an important goal. As a result of these LDR amendments, a Social Service Agency was eliminated as a permitted use in the C-3 zoning district, and The Women’s Circle was granted legal non-conforming status, allowing it to function but not to expand. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. k. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. 365 of 579 The subject request constitutes a down-zoning—the uses allowed in the proposed zoning district, C-2 Neighborhood Commercial, are less intensive than uses allowed under the current zoning, C-3 Community Commercial. Note that both zoning districts share the underlying future land use classification, Local Retail Commercial (LRC). In terms of general demand, the subject location, with no frontage of Federal Highway, is not likely to develop as one of more intensive uses allowed in the C-3 district, which require better access and better visibility. The need criterion is certainly backed by the economic benefit that the Agency provides to the community. Through its educational and job development programs, it empowers poor (mostly) emigrant women to become self-supporting, productive members of the society. Women’s Circle has been growing for the last four years and needs to expand the facility. In 2013, 266 women attended classes. l. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed rezoning is not inconsistent with any policies of the Comprehensive Plan or Land Development Regulations (LDR). The request is consistent with the latter in the sense that LDRs prohibit expansion of nonconforming uses, so rezoning can be considered the most rational option for the agency to pursue (especially since it has been providing services at the subject location since 2009). The property is located directly south of the Downtown Transit-Oriented Development District, within which lowering of the allowed intensity would be incompatible with the recommendations for high density and intensity development. m. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. An isolated zoning district, created by spot zoning, means placing a small area of land in a different zoning district from that of neighboring properties. Many view this practice as unfair, since it suggests special privilege to an individual property owner. However, in some cases rezonings that meet the above definitions are not considered “spot- zoning.” Here are several reasons why the subject request is not a spot zoning, and therefore not a granting of a special priviledge to the property owner:  It is a down-zoning;  It does not involve change in the future land use classification;  The area includes diverse uses and zoning districts with which the use is compatible—within 600 feet of the property, zoning districts include: R1-AA, R-2, R- 3, C-1, C-2, C-3, and M-1. (Property directly south of the property is City’s Senior Center, and as such will be shortly rezoned to PU, Public Use.) 366 of 579  Rather than confer a benefit to the owner, it serves a very useful purpose to the low- income community;  It supports economic development; and  The agency has been providing services out of this location since 2009 Finally, the Comprehensive Plan Housing Element, Policy 6.9.5, reads: The City shall explore outside funding sources to ensure the availability of social, educational, and recreational services to very low-, low- and moderate-income households. n. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The subject location of The Women’s Circle is close to residential communites, where the agency’s potential clients may live. Generally, women served by the agency have no cars; they walk or take a bus—the Palm Tran route runs along nearby Federal Highway. Finally and importantly, the use supports economic sustainability. o. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. This request is for rezoning only. Traffic will be reviewed as part of the site plan. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. p. Compatibility. The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. (3) The request is for rezoning only. As stated in response to criterion “a,” the area includes diverse uses and zoning districts with which the use of a Social Service Agency is compatible. Two, C-1 and C-2, are intended locations for such a use. The use is conditional in the R-2 and R-3 districts, and not permitted in the nearby R1- AA district; however, the proximity of The Women’s Circle to residential communities is expedient to the agency’s potential clients who may live there (see response to 367 of 579 “d”). The agency has been operating out of the subject location for the last five years. The request, if approved, will result in down-zoning. Staff foresees no negative impact on property values. (4) The rezoning is related to the needs of both. (See also a response to “a” and “d”.) q. Direct Economic Development Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district. N/A r. Economic Development Impact Determination for Conventional Zoning Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would: (1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. Even though the request represents a potential decrease in the intensity of development and in the number of uses with economic development benefits, it does pertain to an already existing use which, as stated previously, supports economic development providing education and job training to low-income immigrant women striving for self- sufficiency. s. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph “g” above; and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposed rezoning changes intensity of development allowed on the property, but the future land use classification remains commercial. Moreover, the requests pertain to an existing use, which, although not commercial, provides economic development benefits. 368 of 579 t. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. The request is for an existing use, operating on the subject location since 2009. u. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and the site development standards of Chapter 4. The concurrent site plan shall comply with said requirements. RECOMMENDATION The staff’s review of the request indicates that the proposed rezoning is compatible with the surrounding uses and allows The Women’s Circle to expand a business beneficial to the community in a location of close proximity to potential clients. Moreover, since the subject location is not conducive to more intense uses for which it is currently zoned, staff recommends that the subject request be approved. S:\Planning\SHARED\WP\PROJECTS\Women's Circle\REZN 14-003\Staff Report Womens Circle.doc 369 of 579 9. D PUBLIC HEARING August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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 a Major Site Plan Modification (MSPM 14- EQUESTED CTION BY ITY OMMISSION 003) to allow expansion of an existing Social Service Agency (The Women's Circle) from 1,150 square feet to 5,731 square feet, consisting of a one-story addition of 4,581 square feet and th related site improvements, located at 910-918 SE 4 Street. Applicant: Sister Lorraine Ryan, The Women's Circle, Inc. NOTICE: FOLLOWING THE CLOSE OF PUBLIC COMMENTS, FINAL ACTION WILL BE TABLED TO THE SEPTEMBER 3, 2014 MEETING SO THAT FINAL ACTION IS TAKEN CONCURRENT WITH FINAL ACTION ON THE ACCOMPANYING REZONING ITEM. ER: The Women’s Circle, a not-for-profit social service agency XPLANATION OF EQUEST th established in the year 2000 has been located at 912 SE 4 Street for the last five (5) years. The Women’s Circle assists low-income women of all cultures, faiths, and circumstances in their pursuit of educational, employment, spiritual, and personal goals. The applicant indicates that demand for services provided by the Women’s Circle has increased over the past few years and a larger facility is needed. They have purchased the adjacent lots to the north and south for expansion purposes. However, the Land Development Regulations were recently revised pursuant to economic development initiatives, and a social service agency is no longer a use that is permitted in the C-3 zoning district. The existing use on site is now considered a valid nonconforming use and expansion is not allowed. The new use category “Social Service Agency” is a permitted use only in the C-1 and C-2 zoning districts. Therefore, the applicant is proposing to rezone the subject lots from C-3 to C-2 (see REZN 14-003) concurrent with their request for a major site plan modification. If rezoned to C-2, the current social 370 of 579 service agency will become a conforming use that can expand. Proposed is a 4,581 square foot building addition to the current 1,150 square foot office for a total building size of 5,731 square feet. Other site improvements include a 15-space on-site parking lot (including one (1) handicap accessible space), site lighting, landscaping and irrigation, and public art. The Planning & Development Board at their July 22, 2014 meeting voted to approve the request for a major site plan modification. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The agency is a not-for-profit organization and therefore exempt from ISCAL MPACT ad valorem taxes; the additional fire assessment will be $916. The estimate of total annual fees for water, sewer, and stormwater is $1,367. The necessary services can be provided within the existing capacity of the respective city departments: no additional capital outlays or increased staffing would be required. A: None recommended. LTERNATIVES 371 of 579 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 14-015 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Kathleen Zeitler Planner II DATE: July 14, 2014 PROJECT NAME/NO: The Women’s Circle / MSPM 14-003 REQUEST: Major Site Plan Modification PROJECT DESCRIPTION Property Owner: The Women’s Circle Inc. Applicant: Sister Lorraine Ryan, MMS, The Women’s Circle Inc. th Location: 910 – 918 SE 4 Street(see Exhibit “A” – Location Map) Existing Land Use: Local Retail Commercial (LRC) Existing Zoning: C-3,Community Commercial Proposed Land Use: No change proposed Proposed Zoning: C-2, Neighborhood Commercial (see REZN 14-003) Proposed Use: Request major site plan modification to expand an existing Social Service Agency (The Women’s Circle) from 1,150 square feet to 5,731 square feet consisting of a one-story addition of 4,581 square feet and related site improvements. Acreage: 0.43 acre (18,914 square feet) Adjacent Uses: North: A bank (Chase) fronting Federal Highway on property classified Local Retail Commercial (LRC) future land use, and zoned Community Commercial (C-3); 372 of 579 South: A duplex residential use on property classified Local Retail Commercial (LRC) future land use, and zoned Community Commercial (C-3); East: A 15-unit motel (Tiki Hut) and Restaurant (Papa John’s Pizza) fronting Federal Highway on property classified Local Retail Commercial (LRC) future land use, and zoned Community Commercial (C-3); and th West: Right-of-way for SE 4 Street, and farther west are two lots with single- family residential use, and a lot with a triplex (3-unit) residential use, on properties classified Medium Density Residential (MEDR) future land use, and zoned Single-Family and Two-Family (Duplex) Residential (R-2). Site Details: The Women’s Circle, a not-for-profit social service agency established in th the year 2000 has been located at 912 SE 4 Street for the last five (5) yearsThey have outgrown their 1,150 square foot office and purchased . the adjacent lots to the north and south for expansion purposes. Lot size has increased from 7,375 square feet (0.17 acre) to 18,914 square feet (0.43-acre) and all three (3) lots are requested to be rezoned to C-2 (Neighborhood Commercial) to allow the proposed expansion (see REZN 14-003). The existing residential structures on the adjacent lots to the north and south of the Women’s Circle are older structures and, although they are not designated historic or protected under the Historic Preservation Ordinance, efforts were made by the applicant (working with the City’s Historic Preservation Planner) to find interested parties to take and relocate the structures. These efforts have proved unsuccessful to date, and the structures on the adjacent lots to the north and south are slated to be demolished for a proposed 4,581 square foot building addition to the north, and a proposed parking lot to the south. A recorded Unity of Title, combining the three (3) lots into one (1) lot will be required prior to construction. Several existing trees are to remain on site including a large canopy Mahogany tree and Sabal Palms. Existing trees to be removed are primarily invasive or non-native species. The applicant is proposing extra trees to mitigate the removal of existing trees on site that conflict with the proposed construction. BACKGROUND Proposal: The Women’s Circle assists low-income women of all cultures, faiths, and circumstances in their pursuit of educational, employment, spiritual, and personal goals. According to their website, the mission of this outreach group is to help empower low-income women to realize their full potential to become all they can be, and to gain financial stability by providing assistance with education and career development. In 2009, the th Women’s Circle moved to their current location at 912 SE 4 Street. At that time they received site plan approval and obtained a parking variance (ZNCV 09-002) to allow four (4) on-street parallel parking spaces in addition to a mutual parking agreement with the City to use the Senior Center for overflow parking as needed. The applicant indicates that demand for services provided by the Women’s Circle has increased over the past few years and a larger 373 of 579 facility is needed. However, the Land Development Regulations were recently revised to address non-profit agencies in commercial zoning districts, and a social service agency is no longer a use that is permitted in the C-3 zoning district. The existing use on site is now considered a valid nonconforming use and expansion is not allowed. The new use category “Social Service Agency” is a permitted use only in the C-1 and C-2 zoning districts. Therefore, the applicant is proposing to rezone the subject lots from C-3 to C-2 (see REZN 14-003) concurrent with their request for a major site plan modification. If rezoned to C-2, the current social service agency will become a conforming use that can expand. Proposed is a 4,581 square foot building addition to the current 1,150 square foot office for a total building size of 5,731 square feet. Other site improvements include a 15-space on-site parking lot (including one (1) handicap accessible space), site lighting, landscaping and irrigation, and public art. ANALYSIS Concurrency: Traffic: A traffic statement for the proposed project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. A traffic concurrency approval letter has not been received to date. However, the proposed project is located within the designated Boynton Beach Traffic Concurrency Exception Area (TCEA), and would therefore meet the Traffic Performance Standards (TPS) of taff recommends that traffic concurrency approval Palm Beach County. S from Palm Beach County Traffic Engineering be required prior to the issuance of a building permit for the project (see Exhibit “C” – Conditions of Approval). School: School concurrency is not required for this type of project. Utilities: The City’s water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected demand for potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project, subject to the applicant making a firm reservation of capacity, following site plan approval. Police / Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the City’s review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Vehicular Access: The site plan (Sheet A1.01) shows that one (1) primary point of ingress/egress is proposed for the new building. The proposed driveway th opening from SE 4 Street is located on the adjacent lot south of the existing Women’s Circle building. This access point is 24 feet wide and provides 2-way access to the proposed parking lot on site. Vehicular 374 of 579 traffic will access the parking lot with a right-in and right-out movement. Circulation: Vehicular movement from the driveway would include two-way circulation that continues throughout the parking lot. Pedestrian connectivity would be provided on site via a proposed six (6) foot wide walkway that would extend along the north side of the parking lot, and connect with the existing six (6) foot wide sidewalk along SE 4th Street. The proposed walkway also provides handicapped accessibility from the parking lot to the proposed entry porch. A covered bike rack is also proposed on the south side of the existing building, adjacent to the proposed walkway. Parking: The site plan (Sheet A1.01) proposes a total of 5,731 square feet of office building, which would require a minimum of 19 parking spaces. The required number of parking spaces for office use is based upon the standard of one (1) parking space per 300 square feet of building. The site plan depicts 15 on-site parking spaces, including one (1) designated for handicap use. The remaining four (4) parking spaces are on-street parallel parking spaces in front of the subject property that were approved to be off-site by a variance (ZNCV 09-002). In addition, the mutual parking agreement with the City for overflow parking is still in effect. All proposed parking stalls, including the size and location of the handicap space, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and pavement markings will be provided to clearly delineate areas on site and direction of circulation. Landscaping: The landscape plan (Sheet L-1) indicates compliance with the required minimum buffers around the perimeter of the site. A five (5)-foot wide th buffer is proposed adjacent to SE 4 Street and along the north and east property lines. Along the south property line, the landscape plan indicates a 10-foot wide buffer that includes a six (6)-foot high masonry buffer wall with stucco and paint to match the building. The wall will have decorative columns and caps to comply with the “monotony restrictions” of the LDR, as well as Green Buttonwood trees 16 feet in height and a Florida Privet hedge at 36 inches in height planted along the exterior of the wall.On the interior of the wall, the south buffer will consist of Jamaica Caper four (4) feet in height with a Cocoplum hedge and Golden Creeper groundcover. The landscaping scheme provides Crape Myrtle, Magnolia, and Christmas palm trees, as well as Green Buttonwood trees. Typical shrubs would include Jatropha, Ixora, Cocoplum, Florida Privet, and variegated Trinette. Groundcovers would include a variety of Holly Fern, Angelwing Begonia, Blueberry Flax Lily, Green Island Ficus, English Ivy, and Gold Lantana. The pervious area would total 34% of the entire site and consist of landscaped and open space areas. The landscape code requires that 50% or more of the plant material be native species or low to medium water demand varieties. The plant list (Sheet L-1) indicates that 59% of the trees would be native species. Also, the landscape plan indicates that a total of 100% of shrubs would be categorized as low to medium water demand. The code also limits the use of sod to larger open spaces for passive or active recreation purposes, as well as swales, water detention and retention areas, in an effort to reduce water consumption. The 375 of 579 applicant has reduced the amount of sodded areas from the original submittal, limiting placement to the rear yard play area. Building and Site: The proposed building addition is designed as a one (1)-story structure with two (2) parapet walls at varying heights to provide architectural character to the front of the structure. The proposed building placement complies with the build-to line requirements of commercial property within the Urban Commercial District Overlay Zone, which are zero to 15 feet for the front, sides, and rear yard when abutting other commercially-zoned properties. The proposed building would be setback five (5) feet from the front (west) and side (north) property lines, 15 feet from the rear (east) property line, and 80 feet from the side (south) property line. The floor plan (Sheet A2.01) indicates the existing structure is designated as office space and the proposed building addition is designed to be utilized for sewing and computer classes, tutoring, offices, and several rooms designated as multi-purpose space. Building Height: The one-story building elevations (Sheet A3.01) indicate the mean roof height would be 15 feet, with the entry parapet wall at 16 feet and the highest point of the cupola with skylight at 20 feet, in compliance with the maximum of 25 feet allowed in the C-2 zoning district, and also compatible with the maximum 25 feet allowable height of the residential district to the west. Design: The proposed addition will utilize Mission style architecture and incorporate the existing office building façade, replacing a small covered entry with a large arcaded entry porch. The use of decorative parapet roofs atop arched doors and windows with smooth stucco walls and a neutral color palette resembles an old Spanish mission church. Other decorative exterior building features include large square pillars, the signature Mission style quatrefoil window, a cupola with a dome-shaped skylight, mullioned windows with dark gray shutters “Iron Ore” - SW 7069, and arched windows adorned with planters and sconces. According to the “Materials Schedule” (Sheet A3.01), the main body paint color of the building would be medium beige “Sand” – SW 7529. The base accent color for the building is proposed as dark beige “Latte” – SW 6108. The accent color of the cornice and trim above would be off-white “Summer White” – SW 7557, and entry doors red “Stop” (SW 6869). The elevations show that the pitched roof would vary in height to give architectural character to the building. Public Art: A location for public art is designated on the site plan at the southwest corner of the building visible from the street. The applicant has indicated they have not selected the proposed artwork or artist at this time. The proposed development of the site is anticipated to cost $1 million, which places the value of any artwork for the site at approximately $10,000. Ultimate review and approval of the artist and artwork would be under the purview of the Arts Commission. Site Lighting: The photometric plan (Sheet A1.02) proposes a total of five (5) freestanding lights in the parking lot. The freestanding lights would consist of concrete poles 15 feet in height with single light fixtures that direct light down and away from adjacent properties and rights- of-way. Additional exterior lighting would consist of four (4) building mounted sconces on the front façade, and four (4) matching 376 of 579 sconces on the rear building façade. These light poles and wall fixtures were chosen to mitigate any light trespass onto the th residential properties on the west side of SE 4 Street and there should be no adverse impacts. Building Elevations (Sheet A3.01) indicate w Signage: all signage would consist of a small business identification sign of approximately 14 square feet in size located above the front entryway. The site plan indicates an optional monument sign near the access drive to the parking lot that will require a minimum setback of 10 feet. The applicant may extend the six (6) foot masonry buffer wall on the south property line to parallel with the street and add signage to the wall in lieu of the monument sign. All proposed signage will be designed to be in harmony with the architecture and building materials and colors. Signage will also be externally illuminated and minimal in size to be compatible with the area. RECOMMENDATION The Development Application Review Team (DART) has reviewed this request for major site plan modification and recommends approval contingent upon approval of the concurrent request for rezoning (REZN 14-003) and upon satisfying all comments indicated in Exhibit “C” – Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Women's Circle\MSPM 14-003\Staff Report.doc 377 of 579 378 of 579 379 of 579 380 of 579 381 of 579 382 of 579 EXHIBIT “C” – CONDITIONS OF APPROVAL Project Name: The Women’s Circle File Number: MSPM 14-003 Reference: 2ndreview plans identified as a Major Site Plan Modification with a June 10, 2014 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDREJECT E ENGINEERING DIVISION Comments: 1. At time of permitting, revise survey to provide information or at least th indicate by which instrument the ½ half of SE 4 Street lessened the √ property line from 127.21 feet to 97.21 feet. 2. At time of permitting, revise plan set cover sheet to include an index of drawings (include boundary survey in index). √ FIRE Comments: None (all previous comments have been addressed). POLICE Comments: None (all previous comments have been addressed). BUILDING DIVISION Comments: 3. 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. 4. 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).. 5. At time of permit review, submit signed and sealed working drawings of the proposed construction. √ 383 of 579 DEPARTMENTS INCLUDREJECT E 6. At time of permit review, submit separate surveys of each lot, parcel, or tract. √ 7. Pursuant to approval by the City Commission and all other 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. 8. 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) 9. The north wall of the new addition shall be of fire rated construction per Table 602 of the 2010 FBC, Building Volume. The minimum required fire rating is based on the type of construction as defined in √ Section 602 of the FBC, Building Volume. RECREATION AND PARKS No comments. FORESTER/ENVIRONMENTALIST No comments. PLANNING AND ZONING 10. Approval of this project is contingent upon the approval of the accompanying request for rezoning (REZN 14-002). √ 11. The Unity of Title is required to be revised by having the document signed by the authorized principal for The Women’s Circle. The revised unity of title is required to be recorded prior to the issuance of a building permit for √ this project. 384 of 579 DEPARTMENTS INCLUDREJECT E 12. A letter of approval from Palm Beach County Traffic Engineering Division for traffic concurrency based on the submitted traffic √ statement will be required prior to issuing any permit for this project. 13. At time of permitting, revise survey to correct address of adjacent property to north and add property information for adjacent property to √ east and south. 14. Add information about adjacent properties on site plan and landscape plan (future land use, zoning district, and current use). √ 15. At time of permitting, revise detail of the covered bike rack to the plans to include color and materials. Bicycle racks can be located in areas that are enclosed or roofed, or otherwise designed with solid covering, either inside the building (e.g., foyer) or outside and placed in close proximity to the √ project entrance while still maintaining safe and accessible building ingress and egress. 16. At time of permitting add the following notes to the photometrics plan: The design, style, and illumination level shall be compatible with the building design (height) and shall consider safety, function, and aesthetic value. A minimum average light level of one (1) foot candle shall be provided, with no more than 10% of the spot readings below √ one (1) foot candle and none below ½ foot candle. Lighting shall not be of an intensity that produces glare on adjacent property. Feature lighting emphasizing plants, trees, barriers, entrances, and exits is encouraged. 17. At time of permitting, revise the Building Elevations to correct rear elevation (arrows for 2 and 3 both point to trim on building, and one is √ listed as trim and other as accent). 18. The removal/relocation of landscape material is subject to review and approval of the City Forester/Environmentalist (prior to any √ removal/relocation). 19. At time of permitting, revise detail of proposed decorative masonry buffer wall to include minimum 6 feet in height. √ 20. At time of permitting, revise building elevations to depict a second base wall color below the scoreline/watertable. √ 21. Identify on landscape plan what plant material will be inside the 3 planters. √ 385 of 579 DEPARTMENTS INCLUDREJECT E 22. At time of permitting, revise site plan and landscape plan to include location and setback of proposed signage. √ COMMUNITY REDEVELOPMENT AGENCY Comments: None PLANNING & DEVELOPMENT BOARD CONDITIONS No additional conditions. ADDITIONAL CITY COMMISSION CONDITIONS To be determined. MWR/kz S:\Planning\SHARED\WP\PROJECTS\Womens Circle\MSPM 14-003\CONDITIONS OF APPROVAL.doc 386 of 579 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Women’s Circle (MSPM 14-003) APPLICANT: Sister Lorraine Ryan, The Women’s Circle, Inc. th APPLICANT’S ADDRESS: 912 SE 4 Street, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 19, 2014 APPROVAL SOUGHT: Major site plan modification to expand an existing social service agency consisting of a one-story addition of 4,581 square feet and related site improvements, located at 910- th 918 SE 4 Street. th LOCATION OF PROPERTY: 910-918 SE 4 Street 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:__________________________ _____________________________________________ City Clerk 387 of 579 S:\Planning\SHARED\WP\PROJECTS\Women's Circle\MSPM 14-003\DO.doc 388 of 579 9. E PUBLIC HEARING August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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.14-016 - FIRST EQUESTED CTION BY ITY OMMISSION READING - PUBLIC HEARING - Approve request for Family Dollar rezoning (REZN 14-004) of portion of subject property from R-2 (Single- and Two-Family Residential District) to C-2 (Neighborhood Commercial District), located at 1010 N. Seacrest Boulevard. Applicant: Paul Tremblay, BOOS Redevelopment Group Ltd. NOTE: THE SECOND AND FINAL PUBLIC HEARING OF THIS ORDINANCE WILL BE SEPTEMBER 3, 2014. ER: This request for rezoning aims to eliminate split zoning on XPLANATION OF EQUEST one of the four parcels assembled for a proposed development of Family Dollar (a discount retailer) store in the Heart of Boynton Redevelopment Area. Part of the parcel is zoned R-2 (Single- and Two-Family Residential District) and the other part C-2 (Neighborhood Commercial District). In order to proceed with redevelopment, the applicant is requesting to rezone the subject property to C-2, consistent with the greater project area and required for the proposed use. The city has a number of parcels with split zoning. This situation may have been created in the past through planned area-wide rezonings or through subdivision of properties. The split does not extend to the underlying future land use classification, which is uniformly Local Retail Commercial (LRC). The proposed rezoning from R-2 to C-2 is more than just “house cleaning,” since (1) the proposed use is not allowed in the R-2 district, and (2) R-2 zoning is incompatible with 389 of 579 the LRC land use classification, which has only two corresponding zoning districts, C-2 and C-3. The request is consistent with both the original (2001), and recently updated Heart of Boynton Community Redevelopment Plans. Both recommend a commercial node at the southeast corner of Martin Luther King, Jr. Boulevard and Seacrest Boulevard. The proposed rezoning supports expansion of development to include the entire block, embracing a scale that is both economically feasible for the developer and needed by the Heart of Boynton community. The Planning and Development Board recommended this request for approval on July 22, 2014. H? No impact on City programs or OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES services. FI: The project would generate approximately $8,000 of annual revenues in ISCAL MPACT ad valorem taxes and fire assessment. The estimate of total annual fees for water, sewer, and stormwater is $1,787. The necessary services can be provided within the existing capacity of the respective city departments: no additional capital outlays or increased staffing would be required. A: None recommended LTERNATIVES 390 of 579 ORDINANCE NO. 14-016 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF PAUL TREMBLAY OF BOOS DEVELOPMENT GROUP, LTD., AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND LOCATED ON THE SOUTHEAST CORNER OF NORTH SEACREST BOULEVARD AND MARTIN LUTHER KING JR. BOULEVARD, AS MORE FULLY DESCRIBED HEREIN, FROM SINGLE AND TWO-FAMILY RESIDENTIAL DISTRICT (R-2) TO NEIGHBORHOOD COMMERCIAL (C-2); 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, Paul Tremblay of BOOS Development Group Ltd., has filed a petition on behalf of the owner, Family Dollar, 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. Section 2. The following described land located on the Southeast corner of North Seacrest Boulevard and Martin Luther King Jr. Boulevard, as more fully described herein, is 391 of 579 hereby rezoned from Single and Two-Family Residential District (R-2) to Neighborhood Commercial District (C-2): LOTS 1 AND 2, BLOCK 5, PALM BEACH COUNTRY CLUB ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 11, PAGE 43, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA ALSO DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON ROD AT THE SOUTHEAST CORNER OF LOT 2, BLOCK 5, PALM BEACH COUNTRY CLUB ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 43, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, RUN NORTH 89°59'35" WEST ALONG THE SOUTHERLY LINES OF SAID LOT 2 AND OF LOT 1IN SAID BLOCK 5 FOR A DISTANCE OF 100 FEET TO AN IRON ROD AT THE SOUTHWEST CORNER OF SAID LOT 1AND A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SEACREST BOULEVARD; THENCE RUN NORTH 1°35'35" WEST ALONG THE EASTERLY RIGHT OF WAY LINE OF SEACREST BOULEVARD AND ALONG THE WESTERLY LINE OF SAID LOT FOR A DISTANCE OF 120 FEET TO AN IRON ROD AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE RUN SOUTH 89°59'35" EAST ALONG THE NORTHERLY LINE OF SAID LOTS 1AND 2 AND ALONG THE SOUTHERLY RIGHT OF WAY OF NORTHEAST 10TH AVENUE FOR A DISTANCE OF 100 FEET TO AN IRON ROD AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE RUN SOUTH 1°35'35" EAST ALONG THE EASTERLY LINE OF SAID LOT 2 FOR A DISTANCE OF 120 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THAT PARCEL OF LAND FOR ROAD RIGHT OF WAY PURPOSES IN SECTION 21,TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LOTS 1 AND 2, BLOCK 5, PALM BEACH COUNTRY CLUB ESTATES, AS RECORDED IN PLAT BOOK 11, PAGE 43, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING WEST OF THE PROPOSED EASTERLY RIGHT OF WAY LINE AS SHOWN ON THE RIGHT OF WAY MAP OF SEACREST BOULEVARD AS RECORDED IN ROAD BOOK 5, PAGES 179 THROUGH 183, OF SAID PALM BEACH COUNTY RECORDS. 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. th FIRST READING this 19 day of August, 2014. SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2014. 392 of 579 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) 393 of 579 394 of 579 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 14-018 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: July 2, 2014 PROJECT: Family Dollar REZN 14-004 REQUEST: Approve request for Family Dollar rezoning (REZN 14-004) of portion of subject property from R-2 Single- and Two-Family Residential District to C-2 Neighborhood Commercial District ________________ PROJECT DESCRIPTION Property Owner: Family Dollar Applicant: Paul Tremblay/BOOS Development Group Ltd Location: Southeast corner of N. Seacrest Blvd and Martin Luther King Jr. Blvd (Exhibit “A”) Existing Land Use/ Zoning: Local Retail Commercial (LRC) / R-2 Single- and Two-Family Residential District Proposed Land Use/ Zoning: No change in Land Use / C-2 Neighborhood Commercial District Proposed Use: Retail Acreage: +/- 0.13 acre Adjacent Uses: North: The right-of-way of Martin Luther King, Jr Boulevard, further north a developed 395 of 579 property (a church) and three vacant parcels, all classified Local Retail Commercial and zoned C-2 Neighborhood Commercial District. South: The right-of-way of NE 9th Avenue, further south a developed property (St. John Missionary Baptist Church), classified Public and Private Governmental/Institutional, and zoned R-2, Single- and Two-Family Residential District. East: To the northeast, a vacant property classified Local Retail Commercial and zoned C-2 Neighborhood Commercial District; to the southeast, a vacant property classified Medium Density Residential and zoned R-2, Single- and Two- Family Residential District. West: The right-of-way of N. Seacrest Boulevard; further southwest, a developed property classified High Density Residential and zoned R-3, Multi-Family th Residential District; northwest, the right-of-way of NW 9 Court. BACKGROUND The subject property is one of the four parcels assembled for the proposed development of Family Dollar (a discount retailer) store. The parcel is currently developed with a single-family home and has split zoning—part of it is zoned R-2, Single- and Two-Family Residential District and the other part C-2, Neighborhood Commercial District. In order to proceed with redevelopment, the applicant is requesting to rezone the subject property, consistent with the greater project area and required for the proposed use. The City has a number of parcels with split zoning. This situation may have been created in the past through planned area-wide rezonings or through subdivision of properties. There are no clear provisions in the Land Development Regulations regarding development of such parcels; however, the proposed rezoning is more than just a “house cleaning” since the proposed use is not allowed in the R-2 district. Note that even though the parcel has split zoning, the underlying future land use classification is uniformly Local Retail Commercial. The current R-2 zoning is incompatible with this classification: the only two corresponding zoning districts are C-2 and C-3 (Community Commercial District). REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. v. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. As explained in Background, one of the three parcels included in the property to be developed has split zoning. In order to proceed, the applicant is requesting a rezoning to match the C-2 zoning on the remaining part of the property and the underlying Local Retail Commercial future land use classification. Assembly of the three parcels supports a scale of development that is economically feasible for the developer and redevelopment that is sorely needed by the Heart of Boynton community. 396 of 579 w. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed rezoning is consistent with both the original (2001), and recently updated Heart of Boynton Community Redevelopment Plans. Both recommend a commercial node at the southeast corner of Martin Luther King, Jr. Boulevard and Seacrest Boulevard, although the updated recommendation is to expand and intensify potential development allowing larger retail businesses (the 2001 Plan suggested low intensity neighborhood commercial uses in the subject location). The proposed rezoning supports expansion of development to include the entire block. x. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The proposed rezoning would not create an isolated zoning district, and it will be consistent with the current underlying future land use, Local Retail Commercial. y. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The proposed neighborhood commercial zoning is complementary to the surrounding properties with residential zoning, as the use will serve the local population. There is access to public transportation through the Palm Tran bus route, which runs along Seacrest Boulevard. z. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. This request is for rezoning only. Since the property is located within a TCEA (Transportation Concurrency Exception Area), traffic generation data for the project will be forwarded to the Palm Beach County Traffic Division as an informational item only. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. aa. Compatibility. The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and 397 of 579 (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. (5) The proposed rezoning would be compatible with the current and future land use of adjacent and nearby properties, and it will be compatible with the underlying future land use classification, Local Retail Commercial. Staff anticipates that the project will have a positive effect on values of adjacent properties. (6) The requested rezoning supports the project’s scale that is economically feasible for the developer and redevelopment that is sorely needed by the Heart of Boynton community. bb.Direct Economic Development Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district. N/A cc. Economic Development Impact Determination for Conventional Zoning Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would: (1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. The proposed rezoning represents an increase in both, and clearly promotes economic development through job creation. The project has a potential to bring more commercial development to the area. dd.Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph “g” above; and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. 398 of 579 The proposed rezoning would increase the amount of land available for commercial development. ee. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. N/A. The request addresses split zoning and incompatibility with underlying future land use classification. ff. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and the site development standards of Chapter 4. The concurrent site plan shall comply with said requirements. RECOMMENDATION The staff’s review of the proposed rezoning indicates that it will restrore the parcel’s uniform zoning, address incompatibility with the undelying land use classification, and allow a suitable scale for a project that implements recommendations of the Heart of Boynton Community Redevelopment Plan. Therefore, staff recommends that the subject request be approved. S:\Planning\SHARED\WP\PROJECTS\Family Dollar\Rezn 14-004\Staff Report FD.doc 399 of 579 9. F PUBLIC HEARING August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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 to construct a EQUESTED CTION BY ITY OMMISSION one-story, 8,136 square foot retail building and related site improvements, on a 0.80-acre parcel located at 1010 North Seacrest Boulevard. Applicant: Paul Tremblay, Boos Development Group, Inc. NOTICE: FOLLOWING THE CLOSE OF PUBLIC COMMENTS, FINAL ACTION WILL BE TABLED TO THE SEPTEMBER 3, 2014 MEETING SO THAT ACTION IS TAKEN CONCURRENT WITH FINAL ACTION ON REZONING ITEM. ER: The subject site is a collection of four (4) parcels totaling XPLANATION OF EQUEST 0.80 acre and located within the Heart of Boynton Redevelopment Area, at the southeast corner of MLK Boulevard and N. Seacrest Boulevard. Two of the parcels are owned by the Community Redevelopment Agency (CRA) and the other two are owned by private individuals. Paul Tremblay of Boos Development Group, Inc., is requesting site plan approval to construct a one-story, 8,136 square foot retail building and related site improvements for a new Family Dollar store. This request is combined with requests for rezoning (REZN 14-004) and two community design plan appeals. Staff recommends that this item be presented along with the corresponding request for rezoning on August 19, 2014; however, action should be postponed until September 3, 2014 in order that it may 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 of the site, and this timing will ensure that approval dates, if supported by the Commission, will be the same for all related application items. 400 of 579 The Planning & Development Board reviewed this item on July 22, 2014 and forwards it with a recommendation for approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: None recommended. LTERNATIVES 401 of 579 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 14-022 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: July 7, 2014 PROJECT NAME/NO: Family Dollar Store / NWSP 14-003 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: Boos Development Group, Inc., contract purchaser Applicant: Paul Tremblay, Boos Development Group, Inc. Location: 1010 N. Seacrest Boulevard (see Exhibit “A” – Location Map) Existing Land Use: Local Retail Commercial (LRC) Existing Zoning: Neighborhood Commercial (C2) / Duplex (R2) Proposed Land Use: No change proposed Proposed Zoning: Neighborhood Commercial (C2) Proposed Use: Request new site plan approval to construct a one-story, 8,136 square foot retail building and related site improvements. Acreage: 0.80-acre (35,022 square feet) Adjacent Uses: North: Right-of-way of MLK Boulevard, and farther north are several vacant lots and a church, each with a Local Retail Commercial (LRC) future land use classification, and zoned Neighborhood Commercial (C2); th South: Right-of-way of NE 9 Avenue, and to the southeast a vacant lot with a Medium Density Residential (MEDR) future land use classification, and zoned Duplex (R2); 402 of 579 East: Vacant lots and farther east a small retail center, each with a Local Retail Commercial (LRC) future land use classification, and zoned Neighborhood Commercial (C2); and West: Right-of-way for Seacrest Boulevard, and farther west is a City-owned park and small retail building, with Medium Density Residential (MEDR) and High Density Residential (HDR) future land use classifications respectively, and zoned Duplex (R2) and Multi Family (R3) respectively. Site Details: The subject site is a collection of four (4) parcels totaling 0.80-acre and located within the Heart of Boynton Redevelopment Area, at the southeast corner of MLK Boulevard and N. Seacrest Boulevard. Two of the parcels are owned by the Community Redevelopment Agency (CRA) and the other two are owned by private individuals. BACKGROUND Proposal: Paul Tremblay of Boos Development Group, Inc., is requesting site plan approval to construct a one-story, 8,136 square foot retail building and related site improvements for a new Family Dollar store. ANALYSIS Concurrency: Traffic: A traffic study for the proposed project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The study anticipates an additional three (3) AM peak hour vehicle trips and 40 additional PM peak hour trips. A traffic concurrency approval letter has not been received as of the preparation of this report. No building permits will be issued until such time as the concurrency approval letter is received (see Exhibit “C” – Conditions of Approval). School: School concurrency is not required for this type of project. Utilities: The City’s water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project, subject to the applicant making a firm reservation of capacity, following site plan approval. Police / Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the City’s review. The Engineering Division has found the conceptual information to be 403 of 579 adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Vehicular Access: The site plan (Sheet C3) shows that two (2) primary points of ingress/egress are proposed for the new building. The first, a right- in/right-out driveway opening from Seacrest Boulevard, would occur near the middle of the parcel, immediately south of the building. A second point of ingress/egress would be a full driveway opening along MLK Boulevard, near the east corner of the site. The requirements for a dumpster and truck loading zone have been reviewed and approved by the Engineering Division with the submittal of truck turning radius diagrams by the applicant. Circulation: Vehicular circulation from each driveway would include two-way circulation that continues throughout the parking lot. Pedestrian connectivity would be provided on site via sidewalks on three (3) sides of the building, with the building entrance abutting the proposed widened sidewalk area along MLK Boulevard. Parking: The site plan (Sheet C3) proposes a 8,136 square foot retail building, which would typically require 41 parking spaces, based upon the standard of one (1) parking space per 200 square feet of building for retail uses. However, the site is located within the MLK Overlay Zone, which allows a reduction of 50% of the required parking, to account for anticipated walking traffic and on-street parking. The result is the need for 21 spaces. The site plan depicts the provision of 25 parking spaces, including two (2) designated for handicap use. All proposed parking stalls, including the size and location of the handicap space, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and pavement markings will be provided to clearly delineate areas on site and direction of circulation. Landscaping: The landscape plan (Sheet L1) indicates compliance with the required minimum buffers around the perimeter of the site. A seven (7)-foot wide th buffer is proposed adjacent to Seacrest Boulevard and NE 9 Avenue, and a five (5)-foot wide buffer along the east property line, abutting a vacant commercial lot. The applicant proposes to place the building close to the north property line, in compliance with the MLK Overlay Zone requirements and provide a couple landscape planters to enhance the streetscape. Along the southeast property line, adjacent to a vacant residential lot, the landscape plan indicates a 15-foot wide buffer that includes a six (6)-foot high buffer wall. The wall will be planted on both sides with cocoplum shrubs, as well as Live Oak trees on the interior of the wall. The 15-foot wide buffer narrows at the northwest corner of the vacant residential lot due to the drive aisle within the parking lot, restricting the amount of landscape materials that can be planted. The applicant has chosen to plant Simpson Stopper in this portion of the buffer, whose growth characteristics allow it to be planted in narrow areas because it grows vertical and can be maintained as a solid screen without impacting the travel lane. Staff has added a condition of approval that the Simpson Stopper be allowed to grow well above the six (6)-foot wall to achieve the desired buffer effect (see Exhibit “C” – Conditions of Approval). The overall landscape scheme will consist of Live Oak, Pigeon Plum, Silver Buttonwood and Geiger trees, and Royal, Sabal, 404 of 579 Solitaire and Alexander palm trees. Typical shrubs would include Cocoplum, Silver Buttonwood, Schefflera Arboricola, Indian Hawthorne and Crinum Lily. Additionally, the applicant has designed the site landscaping devoid of any sod, instead utilizing shrubs and groundcovers with low water demand, in compliance with the City’s code regulations on water conservation. The pervious area would total 26% of the entire site and consists of landscaped islands, foundation plantings and buffer areas. The landscape code requires that 50% or more of the plant material be native species or low to medium water demand varieties. The plant list (Sheet L1) indicates that 76% of the trees and 73% of shrubs and groundcovers would be categorized as native species. Building and Site: The proposed building is designed as a one (1)-story structure with parapet walls at three (3) varying heights to provide architectural character. The proposed building placement complies with the minimum setbacks/build-to lines of the MLK Overlay Zone, which encourage the building to be placed at the street to create/continue the urban feel desired within the redevelopment plans for the area. The proposed building would be setback five (5) feet from the north property line, which provides for a widened sidewalk and pedestrian amenities such as a bench, trash receptacle, bike rack and landscape planters. The building would be setback between 12 and 14 feet along the west side (Seacrest Boulevard) to provide room for a widened sidewalk and landscaping. The east setback dimension against the vacant commercial property is 82 feet and approximately 34 feet against the vacant residential lot. There is also a six (6) foot tall wall with landscaping on both sides to provide a buffer against the vacant residential lot at the southeast corner of the property. Building Height: The building elevations (Sheet R7.0) indicate the highest point of the structure would be the parapet at the building entrance, at a height of 24 feet – 0 inches, with the typical parapet wall at 21 feet – 7 inches, and the roof deck at a height of approximately 15 feet, below the maximum of 25 feet allowed height in the C2 zoning district. Design: The proposed building utilizes many similar design features as other retail buildings, including neutral colors. According to the “Exterior Finish Schedule” shown on Sheet R7.0, the main body paint colors of the building would be a light khaki tan and medium tan “Wool Skein” – SW 6148 and “Camelback” – SW 6122 respectively. The base color for the building is also proposed to be “Camelback” – SW 6122. The accent color of the cornice and trim would be white “Spatial White” – SW 6259. The north and west facades depict red standing seam metal canopies over some of the windows. The elevations show that the parapet roof would vary in height as intended to give architectural character to the building. The building entry at the northeast corner, as well as the northwest corner of the building are at 45 degree angles. Storefront glass is proposed at the building entrance, and an eight (8) foot wide window flanks the storefront entry on the north and east sides of the building. The applicant proposes two (2) additional faux windows on the north side of the building and four (4) faux windows on the west side of the building facing Seacrest Boulevard. The design principals of the Land Development Regulations (LDR), Chapter 4, Article III, Section 2.C.3. and the Urban Design 405 of 579 Guidelines, Chapter IX, Façade, 2.i., require vision glass on facades within the urban setting that have high pedestrian visibility. The LDR calls for an “architecturally appropriate amount of transparency” on the first level of a project that fronts on a street or sidewalk to achieve pedestrian compatibility and adequate visual interest, while the Urban Design Guidelines require 50% - 90% of window area to be made of transparent materials. Staff continues to recommend for conversion of some of the faux windows to transparent windows, but the applicant continues to promote the use of the faux windows due to the interior layout of the sales area. Staff indicated that it opposes having store fixtures and shelving in front of the windows and that other retailers have placed shorter fixtures below windows or created aisles in front of, or running parallel to the windows to provide a view into the store. As a result, the applicant has filed for a Community Design Plan Appeal concurrent with the site plan request to allow the use of faux windows in lieu of transparent windows. The applicant has filed a second Community Design Plan Appeal to LDR, Chapter 4, Article III, Section 3.A.8. “Downspouts”, which requires downspouts to be enclosed within the building structure or architectural element when visible from areas accessible by the public on the property and/or from adjacent public rights-of-way. The applicant has filed the appeal based upon the cost associated with encasing the downspouts and instead intends to paint the downspouts to match the color of the building, “camouflaging their presence from the street” (see corresponding report and analysis for CDPA 14-001 & 14-002). Public Art: The applicant has indicated they intend to pay the fee associated with Art in Public Places in lieu of providing the art element on site. Site Lighting: The photometric plan (Sheet PH-1) proposes a total of five (5) freestanding lights in the parking lot. The freestanding lights would be concrete poles at a height of 22 feet and the light fixtures will be dark bronze, with a flat lens and full cut-off feature to inhibit any light spillage/trespass. Additional exterior lighting would be building mounted at a height not to exceed 16 feet. The design will be required to meet minimum light levels, while preventing glare or spillage onto abutting properties. Signage: The applicant is proposing three (3) wall signs, one (1) over the entry doors, one (1) on the north wall (facing MLK Boulevard) and one (1) on the west wall (facing Seacrest Boulevard).Wall signage would consist of multiple, internally-illuminated cabinet signs, composed of the words “Family Dollar” and the corporate logo in white, red and orange. The LDR allows signage on all facades, however, the calculation to determine maximum allowable signage is based upon the linear front footage of the building, multiplied by 1.5. This maximum allowance may then be divided up and placed on various building walls as long as the cumulative of all the signs square footage does not exceed the original calculation of the maximum allowable signage. In this instance, the applicant has designed more wall signage than is allowed by that calculation and is requesting a variance concurrent with the site plan application. A variance may be approved to allow an increase in sign area of up to 25% of the maximum allowable. The City Commission “may grant a variance if it finds that the unusual shape or topography of the property or other mitigating factors (e.g., required landscape buffers), prevent signage allowable under the 406 of 579 provisions of these Regulations from adequately identifying the business or other activity located on such property”. In staff’s opinion, there is nothing peculiar about this property which differentiates it from any other corner lot in the City (see corresponding report and analysis for ZNCV 14- 001). RECOMMENDATION The Development Application Review Team (DART) has reviewed this request for new site plan approval and recommends approval contingent upon satisfying all comments indicated in Exhibit “C” – Conditions of Approval. Any additional conditions recommended by the Board or approved by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Family Dollar\NWSP 14-003\Staff Report.doc 407 of 579 408 of 579 409 of 579 410 of 579 411 of 579 412 of 579 413 of 579 414 of 579 415 of 579 416 of 579 417 of 579 418 of 579 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Family Dollar Store (NWSP 14-003) APPLICANT: Paul Tremblay, Boos Development Group, Inc. st APPLICANT’S ADDRESS: 5789 NW 151 Street, Suite B, Miami Lakes, FL 33014 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, 2014 APPROVAL SOUGHT: New site plan approval for a one-story, 8,136 square foot retail building and related site improvements for a new Family Dollar store, zoned C2 (Neighborhood Commercial). LOCATION OF PROPERTY: 1010 N. Seacrest Boulevard, SE corner of MLK and Seacrest Boulevards. 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:__________________________ _____________________________________________ City Clerk 419 of 579 S:\Planning\SHARED\WP\PROJECTS\Family Dollar\NWSP 14-003\DO.doc 420 of 579 9. G PUBLIC HEARING August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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 Community Design Plan EQUESTED CTION BY ITY OMMISSION Appeals (CDPA 14-001 & 14-002) in conjunction with the request to construct a one-story, 8,136 square foot retail building and related site improvements, on a 0.80-acre parcel located at 1010 North Seacrest Boulevard. Applicant: Paul Tremblay, Boos Development Group, Inc. NOTICE: FOLLOWING THE CLOSE OF PUBLIC COMMENTS, FINAL ACTION WILL BE TABLED TO THE SEPTEMBER 3, 2014 MEETING SO THAT FINAL ACTION IS TAKEN CONCURRENTLY WITH FINAL ACTION ON THE ACCOMPANYING REZONING ITEM. ER: Paul Tremblay of Boos Development Group, Inc., is XPLANATION OF EQUEST requesting approval of two (2) Community Design Plan Appeals in association with the request for New Site Plan approval to construct a one-story, 8,136 square foot retail building and related site improvements for a new Family Dollar store. The first appeal request is of the design principals of the Land Development Regulations (LDR), Chapter 4, Article III, Section 2.C.3. and the Urban Design Guidelines, Chapter IX, Façade, 2.i., which require vision glass on facades within the urban setting that have high pedestrian visibility. The second appeal request is of Chapter 4, Article III, Section 3.A.8. “Downspouts”, which requires downspouts to be enclosed within the building structure or architectural element when visible from areas accessible by the public on the property and/or from adjacent public rights-of-way. Staff recommends that this item be presented along with the corresponding request for rezoning (REZN 14-004) on August 19, 2014; however, action should be postponed 421 of 579 until September 3, 2014 in order that it may be processed concurrent with second reading of the rezoning request. The community design plan appeals for the project should not be approved prior to formal action being taken on the rezoning of 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. nd The Planning & Development Board reviewed these requests on July 22, and forwards them with a recommendation of approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: None recommended LTERNATIVES 422 of 579 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 14-023 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: July 9, 2014 PROJECT NAME/NO: Family Dollar Store / CDPA 14-001 & 14-002 REQUEST: Community Design Plan Appeals Property Owner: Boos Development Group, Inc., contract purchaser Applicant: Paul Tremblay, Boos Development Group, Inc. Location: 1010 N. Seacrest Boulevard (see Exhibit “A” – Location Map) Site Details: The subject site is a collection of four (4) parcels totaling 0.80-acre and located within the Heart of Boynton Redevelopment Area, at the southeast corner of MLK Boulevard and N. Seacrest Boulevard. Two of the parcels are owned by the Community Redevelopment Agency (CRA) and the other two are owned by private individuals. NATURE OF REQUEST Paul Tremblay of Boos Development Group, Inc., is requesting approval of two (2) Community Design Plan Appeals in association with the request for New Site Plan approval to construct a one-story, 8,136 square foot retail building and related site improvements for a new Family Dollar store. The first appeal request is of the design principals of the Land Development Regulations (LDR), Chapter 4, Article III, Section 2.C.3. and the Urban Design Guidelines, Chapter IX, Façade, 2.i., which require vision glass on facades within the urban setting that have high pedestrian visibility. The second appeal request is of Chapter 4, Article III, Section 3.A.8. “Downspouts”, which requires downspouts to be enclosed within the building structure or architectural element when visible from areas accessible by the public on the property and/or from adjacent public rights-of-way. 423 of 579 BACKGROUND The applicant met with staff on numerous occasions prior to formal submittal of the New Site Plan for the Family Dollar Store. Staff continually expressed the importance of the design of the building and the necessity for the building to address both the MLK and Seacrest Boulevard street frontages, provide vision glass on both frontages, and address the “back-of-house” operations through architectural detail and landscaping. The applicant’s design improved with each subsequent session, working towards meeting the objectives of the Heart of Boynton Redevelopment Plan, the Urban Design Guidelines, and the Community Design regulations within the Land Development Regulations (LDR). As the plans evolved, the applicant indicated there were certain issues on which they had no flexibility, such as the amount of vision glass required, due to floor plan design and fixture placement, and enclosure of the downspouts, due to the added cost. As staff retained these comments throughout the review and as Conditions of Approval, the applicant chose to file Community Design Plan Appeals for these two (2) items. ANALYSIS In order to place the Community Design Plan Appeals in context, a brief overview of the building design is warranted. The proposed building utilizes many similar design features as other retail buildings, including neutral colors. According to the “Exterior Finish Schedule” shown on Sheet R7.0, the main body paint colors of the building would be a light khaki tan and medium tan “Wool Skein” – SW 6148 and “Camelback” – SW 6122 respectively. The base color for the building is also proposed to be “Camelback” – SW 6122. The accent color of the cornice and trim would be white “Spatial White” – SW 6259. The north and west facades depict red standing seam metal canopies over some of the windows. The elevations show that the parapet roof would vary in height as intended to give architectural character to the building. The building entry at the northeast corner, as well as the northwest corner of the building are at 45 degree angles. Storefront glass is proposed at the building entrance, and an eight (8) foot wide window flanks the storefront entry on the north and east sides of the building. The applicant proposes two (2) additional faux windows on the north side of the building and four (4) faux windows on the west side of the building facing Seacrest Boulevard. The design principals of the Land Development Regulations (LDR), Chapter 4, Article III, Section 2.C.3. and the Urban Design Guidelines, Chapter IX, Façade, 2.i., require vision glass on facades within the urban setting that have high pedestrian visibility. The LDR calls for an “architecturally appropriate amount of transparency” on the first level of a project that fronts on a street or sidewalk to achieve pedestrian compatibility and adequate visual interest, while the Urban Design 424 of 579 Guidelines require 50% - 90% of window area to be made of transparent materials. Staff has recommended for conversion of some of the faux windows to transparent windows, but the applicant continues to promote the use of the faux windows due to the interior layout of the sales area. In their Justification Statement, the applicant states, “Due to the interior layout of the sales area, the feasibility of providing storefront windows that allow for full visibility into the store itself along the west façade is not practical. Therefore, in an attempt to compromise, the west façade has been revised to incorporate additional false windows as a proposed alternate design to comply with the glazing requirements”. Staff recognizes the fact that corporate operations tend to have limited prototype buildings for new construction projects with an established square footage and an associated fixture layout attached to each, in order to maximize their product lines and sales, and any deviation from the design typically meets with resistance. The fixture layouts do get modified to some degree when corporate acquires pre-existing buildings and retrofits them to meet their needs. Throughout the site plan review process, staff indicated that it also did not want to have store fixtures and shelving in front of the transparent windows and that we are aware of other retailers who have placed shorter fixtures below windows or created aisles in front of, or running perpendicular to the windows to provide a view into the store, in order to resolve staff comments. At this point, staff recommends that two (2) of the faux windows proposed along the Seacrest Boulevard façade be converted to transparent windows in compliance with the Community Design regulations and Urban Design Guidelines, that no store fixtures block the view into the store from any of the transparent windows proposed for the building, and that the transparent glass windows possess a minimum 60% – 80% light transmittance factor (no reflective glass, no reflective coating, no blackout film). The second Community Design Plan Appeal submitted by the applicant relates to Chapter 4, Article III, Section 3.A.8. “Downspouts”, which requires downspouts to be enclosed within the building structure or architectural element when visible from areas accessible by the public on the property and/or from adjacent public rights-of-way. There are four (4) downspouts proposed on the south façade of the building. These downspouts would be visible from the southerly parking lot, the sidewalk th along both Seacrest Boulevard and NE 9 Avenue and both street rights- of-way. In their Justification Statement, the applicant states, “The request is cost prohibited. In an effort to compromise, the rainwater leaders/downspouts have been finished to match the building color, camouflaging its presence from the street”. The applicant has also placed two (2) Alexander Palms along the south building façade (as depicted on Sheet R7.0), which may partially screen a couple of the downspouts. The requirement for enclosing downspouts within the building structure or architectural element has been a code requirement since the year 2010 and all projects, Major or Minor, have complied with the requirement. The impetus behind the regulation is to provide a finished, architecturally appealing building façade. This is the first appeal of this code provision, and staff does not wish to set precedent, based upon the applicant’s 425 of 579 claim of expense, when smaller projects than this one have complied with the requirements. Therefore, staff recommends denial of the appeal of the requirement to enclose the downspouts. RECOMMENDATION Staff has reviewed these requests for Community Design Plan Appeal and recommends denial of the two (2) appeals. S:\Planning\SHARED\WP\PROJECTS\Family Dollar\CDPA 14-001 & 14-002\Staff Report.doc 426 of 579 427 of 579 428 of 579 429 of 579 430 of 579 431 of 579 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Family Dollar Store (CDPA 14-001 & 14-002) APPLICANT: Paul Tremblay, Boos Development Group, Inc. st APPLICANT’S ADDRESS: 5789 NW 151 Street, Suite B, Miami Lakes, FL 33014 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, 2014 APPROVAL SOUGHT: Request for Community Design Plan Appeal approval of Chapter 4, Article III, Section 2.C.3. and the Urban Design Guidelines, Chapter IX, Façade, 2.i., which require vision glass on facades within the urban setting that have high pedestrian visibility, and Chapter 4, Article III, Section 3.A.8. “Downspouts”, which requires downspouts to be enclosed within the building structure or architectural element when visible from areas accessible by the public on the property and/or from adjacent public rights-of-way. LOCATION OF PROPERTY: 1010 N. Seacrest Boulevard, SE corner of MLK and Seacrest Boulevards. 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: _______________________________________________________________ 432 of 579 _____________________________________________________________________ _____________________________________________________________________ DATED:__________________________ _____________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Family Dollar\CDPA 14-001 & 14-002\DO.doc 433 of 579 10. A CITY MANAGER’S REPORT August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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: Boynton Beach Utilities Monthly Operations Report EQUESTED CTION BY ITY OMMISSION to Commission for August 2014. The Utilities Department is presenting the first monthly ER: XPLANATION OF EQUEST operations report for review and comment by the Board. The report covers the current status of the Department using performance measurements that will demonstrate the efficiency and effectiveness of the service provided to all Utility customers. The report also provides a monthly update of Capital Improvement Projects that are underway or planned. Finally, the report provides a financial snapshot of the current cost of service for water and wastewater compared with the financial goals of the Department. The report will provide the H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Commission with current information on the performance of the Utilities Department. Not applicable FI: ISCAL MPACT Not to receive the report A: LTERNATIVES 434 of 579 435 of 579 436 of 579 437 of 579 438 of 579 439 of 579 440 of 579 441 of 579 442 of 579 443 of 579 13. A LEGAL August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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. 14-012 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Approve the "Emergency Medical Services Ordinance" to establish the new fee structure and rates for Emergency Medical Transport services by Boynton Beach Fire Rescue Department ER: The City has been billing for ALS/EMS transport services XPLANATION OF EQUEST since 1992 and has utilized third party billing companies and has done the billing in- house. The responsibility of the billing has remained in house since 2007. This ordinance establishes the updated rates for Emergency Medical Transport services provided by the fire rescue department effective 10/01/2014 and authorizes an annual adjustment to the rate structure through September 30, 2019. After reviewing the charges for these services in the surrounding municipalities, staff recommends updating the City’s charges effective 10/1/14. As well as codifying other administrative actions that affect EMS Billing for transport services in accordance with departmental standard operating guidelines and policies. H? This establishes a clearly defined OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES EMS Transport rate structure through September 30, 2019 and will increase the revenue collected for those services FI: The rate change anticipates an increase in revenues for FY 2014/2015 ISCAL MPACT by an estimated $200,000 and annually thereafter by an additional $20,000 through September 30, 2019. 444 of 579 A: Leave rates the same as they are; no increase in revenues for transport LTERNATIVES services. 445 of 579 ORDINANCE NO. 14-012 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CITY’S CODE OF ORDINANCES TO AMEND THE TITLE TO CHAPTER 23 TO READ “TAXATION, ASSESSMENTS AND FEES;” TO CREATE A NEW ARTICLE V IN CHAPTER 23 TO BE ENTITLED “EMERGENCY MEDICAL SERVICES FEES AND CHARGES,” TO ADD A NEW SECTION 23-55 TO BE ENTITLED “DEFINITIONS” TO PROVIDE FOR DEFINITIONS, A NEW SECTION 23-56 TO BE ENTITLED “EMERGENCY MEDICAL SERVICES TRANSPORTATION FEES AND CHARGES” TO PROVIDE FOR THE FEES AND CHARGES, AND A NEW SECTION 23-57 TO BE ENTITLED “COLLECTION OF EMERGENCY MEDICAL SERVICES TRANSPORTATION FEES AND CHARGES” TO PROVIDE FOR COLLECTION; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , the City Commission finds it in the best interest of the City to create a new Article V in Chapter 23 to provide for and confirm fees and charges for Emergency Medical Services Transportation, and the collection thereof; and, WHEREAS, the City Commission finds it in the best interest of the City that the title to Chapter 23 of the City’s Code of Ordinances be corrected to reflect its contents, and provide for the inclusion in the future of assessments and fees as may be authorized by the City Commission 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 . The Code of Ordinances of the City of Boynton Beach is hereby amended to amend the title of Chapter 23 as follows: CHAPTER 23. TAXATION, ASSESSMENTS AND FEES 446 of 579 Section 3 . The Code of Ordinances of the City of Boynton Beach is hereby amended by amending Chapter 23 to add a new Article V, to be entitled “Emergency Medical Services Transportation Fees and Charges” by adding a new a new Section 23-55 to be entitled “Definitions,”, a new Section 23-56 to be entitled “Emergency Medical Services Transportation Fees And Charges,” and a new Section 23-57 to be entitled “Collection Of Emergency Medical Services Transportation Fees And Charges,” as follows: ARTICLE V. EMERGENCY MEDICAL SERVICES TRANSPORTATION FEES AND CHARGES Sec. 23-55. Definitions. For the purposes of this chapter, the following definitions shall apply: (a) Basic life support (BLS) services include the treatment of medical emergencies by a qualified person through the use of techniques such as patient assessment, cardiopulmonary resuscitation (CPR), splinting, obstetrical assistance, bandaging, administration of oxygen, application of medical anti-shock trousers, administration of a subcutaneous injection using a premeasured auto-injector of epinephrine to a person suffering an anaphylactic reaction, and other techniques described in the Emergency Medical Technician Basic Training Course Curriculum of the United States Department of Transportation. (b) Advanced life support services means the treatment of life-threatening emergencies through the use of techniques such as endotracheal intubation, the administration of intravenous fluids, medications, telemetry, cardiac monitoring, cardiac defibrillation, and the use of external pacemakers by a qualified paramedic. Advanced life support services are classified in two categories as follows: (1) Advanced life support, level 1 (ALS1): Where medically necessary, the provision of an assessment by an advanced life support (ALS) provider and/or the provision of one or more ALS interventions. An ALS intervention is defined as a procedure beyond the scope of an EMT-Basic as defined in the National EMS Education and Practice Blueprint. (2) Advanced life support, level 2 (ALS2): Where medically necessary, the administration of at least three (3) different medications and/or the provision of one (1) or more of the following ALS procedures: • Manual defibrillation/cardioversion. • Endotracheal intubation. • Central venous line. • Cardiac pacing. • Chest decompression. • Surgical airway. • Intraosseous line. 447 of 579 Sec. 23-56. Emergency Medical Services Transportation Fees and Charges. (A) The fees and charges for emergency medical transportation services are as follows: Effective October 1, 2014: (1) BLS Transport Fee .....$610.00 (2) ALS1 Transport Fee .....610.00 (3) ALS2 Transport Fee .....770.00 (4) Mileage .....12.00 Effective October 1, 2015: (1) BLS Transport Fee .....$630.00 (2) ALS1 Transport Fee .....630.00 (3) ALS2 Transport Fee .....790.00 (4) Mileage .....12.50 Effective October 1, 2016: (1) BLS Transport Fee .....$650.00 (2) ALS1 Transport Fee .....650.00 (3) ALS2 Transport Fee .....810.00 (4) Mileage .....13.00 Effective October 1, 2017: (1) BLS Transport Fee .....$670.00 (2) ALS1 Transport Fee .....670.00 (3) ALS2 Transport Fee .....830.00 (4) Mileage .....13.50 Effective October 1, 2018: (1) BLS Transport Fee .....$690.00 (2) ALS1 Transport Fee .....690.00 (3) ALS2 Transport Fee .....850.00 (4) Mileage .....14.00 Sec.23-57. Collection of Emergency Medical Services Transportation Fees and Charges. (A) The Fire-Rescue Department will submit bills to patients or to the patient's insurance carrier for the provision of Basic Life Support or Advanced Life Support transportation. (B) The Boynton Beach Fire-Rescue Department has established the Standard Operating Guidelines for EMS Transportation Billing Policies, Procedures and Collections. The Administration and Finance Officer is hereby authorized to adjust the accounts as stated in the policy. 448 of 579 (C) The City may collect delinquent charges through any and all available legal remedies. (D) The City Finance Department is hereby authorized to accept assignment at the maximum allowable rate of Medicaid, Medicare, and Palm Beach County Health Care District benefits. (E) The City Finance Department is hereby authorized to negotiate payment settlements of outstanding debts owed to the City for emergency services rendered when the debtor is unable to satisfy the outstanding balance due. Section 4. City Staff is authorized to take all steps necessary to effectuate the intent of this ordinance. Section 5 . 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 6 . 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 7 . 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 8 . This Ordinance shall become effective upon adoption. 449 of 579 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF th BOYNTON BEACH, FLORIDA, ON THE FIRST READING, THIS 5 DAY OF AUGUST, 2014. PASSED ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ON THE SECOND AND FINAL READING, 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) 450 of 579 451 of 579 13. B LEGAL August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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 14-017- FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve request to amend Part II, Chapter 14 of the City Code of Ordinances entitled "Motor Vehicles and Traffic", by creating a new section 14-12 entitled "Curbstoning", regulating the purchase and sale of motor vehicles from individuals other than a dealer; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. ER: Curbstoning is a term given to the practice of buying and XPLANATION OF EQUEST selling automobiles without a motor vehicle dealer license and legally established place of business. Curbstoners usually park and display their vehicles for sale in high traffic locations. Often these locations are on rights of ways, utility or pipeline easements, at gas stations, convenient stores, supermarket parking lots, public parking lots, etc. Florida State Statute 319.1951 allows any local government to adopt an ordinance to regulate curbstoning. Once the ordinance is passed, the local government can begin towing vehicles in violation of the Curbstoning Ordinance and assess fines. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES The City would no longer have to sticker vehicles in violation or notify the violator by mail. Vehicles in violation of the Curbstoning Ordinance may be immediately towed. This would eliminate the notification process and the vehicle in violation would be immediately removed. FI: Each vehicle in violation of the Curbstoning Ordinance will be fined ISCAL MPACT $100.00 to be paid directly to the City. Upon receipt of the payment, the City will issue 452 of 579 an “Authorization to Release Vehicle After Curbstoning Violation” which would be presented to the tow company for the release of the vehicle. A: None recommended. LTERNATIVES 453 of 579 ORDINANCE NO. 14-017 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART II, CHAPTER 14 OF THE CITY CODE OF ORDINANCES ENTITLED “MOTOR VEHICLES AND TRAFFIC”, BY CREATING A NEW SECTION 14-12 ENTITLED “CURBSTONING”, REGULATING THE PURCHASE AND SALE OF MOTOR VEHICLES FROM INDIVIDUALS OTHER THAN A DEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR 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, the Code Compliance Division has reviewed Part II, Chapter 14 of the Code of Ordinances and determined that the practice of buying and selling automobiles without a motor vehicle dealer license and a legally established place of business should be regulated; 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 14 of the Code of Ordinances such that the practice of buying and selling automobiles without a motor vehicle dealer license and legally established place of business is regulated. 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 14, of the City Code of Ordinances “Motor Vehicles and Traffic”, is amended to create a new Section 14-12, “Curbstoning” (a)DEFINITION: Curbstoning is a term given to the practice of buying and selling automobiles without a motor vehicle dealer license and legally established place of business. Curbstoners usually park and display their vehicles for sale in high traffic 454 of 579 locations. Often these locations are on rights of ways, utility or pipeline easements, at gas stations, convenience stores, supermarket parking lots, public parking lots, etc. (b)It is unlawful for any person to park a motor vehicle upon a public street or highway, a public parking lot, or other public property, or upon private property where the public has the right to travel by motor vehicle, for the principal purpose and intent of displaying the motor vehicle thereon for sale, hire, or rental unless the sale, hire, or rental of the motor vehicle is specifically authorized on such property by municipal regulation and the person is in compliance with all municipal licensing regulations. (c)As specified by Section 316.1951, Florida Statutes, the provisions of subsection (b) do not prohibit a person from parking his or her own motor vehicle or his or her other personal property on any private real property which the person owns or leases or on private real property which the person does not own or lease, but for which he or she obtains the permission of the owner, or on the public street immediately adjacent thereto, for the principal purpose and intent of sale, hire, or rental. (d)Subsection (b) does not prohibit a licensed motor vehicle dealer from displaying for sale or offering for sale motor vehicles at locations other than the dealer’s licensed location if the dealer has been issued a supplemental license for off-premises sales and has complied with the requirements in subsection (b). A vehicle displayed for sale by a licensed dealer at any location other than the dealer’s licensed location is subject to immediate removal without warning. (e)A law enforcement officer, code compliance officer, or supervisor of the department may issue a citation and cause to be immediately removed at the owner’s expense any motor vehicle found in violation of subsections (b), (f), (g), (h), or (i). The owner shall be assessed a penalty of $100.00 by the City and the motor vehicle will be immediately removed. A motor vehicle removed under this section shall not be 455 of 579 released from an impound or towing and storage facility until after the fine has been paid to the City and a release form has been issued by the City verifying that the fine has been paid. (f)It is unlawful to offer a vehicle for sale if the vehicle identification number has been destroyed, removed, covered, altered, or defaced. A vehicle found in violation of this subsection is subject to immediate removal without warning. (g)It is unlawful to knowingly attach to any motor vehicle a registration /tag that was not assigned or lawfully transferred to the vehicle. A vehicle found in violation of this subsection is subject to immediate removal without warning. (h)It is unlawful to display or offer for sale a vehicle that does not have a valid registration. A vehicle found in violation of this subsection is subject to immediate removal without warning. This subsection does not apply to vehicles and recreational vehicles being offered for sale through motor vehicle auctions. (i)A vehicle is subject to immediate removal without warning if it bears a telephone number that has been displayed on three or more vehicles offered for sale within a 12-month period. (j)Any other provision of law to the contrary notwithstanding, a violation of subsection (b), subsection (f), subsection (g), subsection (h), or subsection (i) shall subject the owner of such motor vehicle to towing fees reasonably necessitated by removal and daily storage of the motor vehicle in addition to a fine as set forth in subsection (e). Such fees and costs are set by the towing, storage, or impound company which removes the vehicle from the unauthorized location. (k)The City hereby incorporates Florida Statutes §§316.1951; 320.27(5); 320.01 as if fully set forth herein. Further, this Section shall automatically incorporate any and all subsequent amendments to Florida Statutes §§316.1951; 320.27(5); 320.01. 456 of 579 State Law References: Florida Statutes §§316.1951; 320.27(5); 320.01 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. th FIRST READING THIS 19 DAY OF AUGUST, 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 457 of 579 ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 458 of 579 13. C LEGAL August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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. 14-018 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve amendments to Code of Ordinances Part II, Chapter 13 "Licenses", renaming the application review to "Business Use Certificate" and clarifying inspection process and fees associated with "Certificate of Use and Occupancy." ER: All businesses, including home-based businesses and rental XPLANATION OF EQUEST property operating in the City of Boynton Beach are required to complete a Business Use Certificate, formerly known as the Business Tax Receipt application. A Certificate of Use & Occupancy is required of all commercial and residential property owners who lease or rent property located in the City. Anyone providing merchandise or services to the public, even a one-person business, must have a current Business Tax Receipt from the City and a Business Tax Receipt from Palm Beach County. This applies to: New businesses  Ownership or address changes to a current business  Renewing existing business licenses  Commercial & Residential for lease or rental properties  The Business Use Certificate review will verify that business operations and residential rental operations meet zoning and building code criteria, including whether the business type or residential rental is allowed in a specific district or location. All new businesses being established for the first time and any changes in property ownership require 459 of 579 a Certificate of Use and Occupancy property inspection prior to the Business Tax Receipt being issued. H? Renaming of the Business Tax OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Receipt application to Business Use Certificate will help insure that should the State Legislature or Governor choose at some point in the future, to remove Business Tax, the City will have an established process for review and inspection of all businesses and property for lease or rental. The ordinance provides for cost recovery of staff time and includes inspection fees for site visits. Leased and rental properties will be re-inspected biennially to assure that both the site and structures meet code standards. Properties within the City will begin phased in inspections in January of 2015. FI: Approximately $250,000 in annual revenue. ISCAL MPACT A: Do not alter the ordinance. LTERNATIVES Adjust fee schedule. 460 of 579 ORDINANCE 14-018 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART II, CHAPTER 13, ARTICLE I OF THE CODE OF ORDINANCES ENTITLED “BUSINESS TAX RECEIPTS AND CERTIFICATES OF USE” TO PROVIDE FOR THE USE OF SPECIAL MAGISTRATES FOR BUSINESS TAX RECEIPT APPELLATE MATTERS; TO PROVIDE FOR A DEFINITION OF SPECIAL MAGISTRATES; TO PROVIDE FOR ANY AMENDMENTS TO CHAPTER 205, FLORIDA STATUTES; TO PROVIDE FOR VIOLATION OF THIS CHAPTER MAY BE BROUGHT AS A CODE VIOLATION, MODIFY WHEN THE DIRECTOR OF THE DEVELOPMENT SERVICES DIVISION SHALL ISSUE A BUSINESS TAX RECEIPT; TO PROVIDE FOR METHODS OF ENFORCEMENT; TO PROVIDE FOR WHEN THE DIRECTOR OF THE DEVELOPMENT SERVICES DIVISION MAY REVOKE, REFUSE OR DENY ANY CERTIFICATE OF USE OR BUSINESS TAX RECEIPT; TO PROVIDE FOR ANY SPECIAL MAGISTRATE OF THE CITY TO HEAR APPEALS OF THE DIRECTOR’S OF THE DEVELOPMENT SERVICES DIVISION DETERMINATIONS REGARDING BUSINESS TAX RECEIPTS; PROVIDING FOR CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS , the City of Boynton Beach (“City”) has home rule authority pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166, Florida Statutes, to provide for enforcement of violations of the City’s Code of Ordinances and other violations of law through the use of Special Magistrates; and, WHEREAS , Part II, Article V, Section 2-82 of the City’s Code of Ordinances permits Special Magistrates, designated by the Commission, to hold hearings and assess fines against violators of the City’s Code; and, WHEREAS , the City wishes to modify its Code to expand the use of Special Magistrates in the enforcement of the City Code; and, WHEREAS , the City wishes to provide for when The Director of the Development Services Division must issues a Business Tax Receipt and when the Director of the Development Services Division may revoke or refuse to reissue, renew, or transfer a Business Tax Receipt; and 461 of 579 WHEREAS , the City wishes to have the City’s Special Magistrates hear any appeals of the Director of the Development Services Division’s determinations pertaining to the issuance, reissuance, transfer, or revocation of a Business Tax Receipt; and WHEREAS , the City Commission of the City of Boynton Beach finds it is in the best interest of the City to adopt an ordinance to provide for these amendments to Part II, Chapter 13, Article I of the Code of Ordnances Entitled “Business Tax Receipts and Certificates of Use” and provide for any changes to Chapter 205, Florida Statues, as may be amended from time to time. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: 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 Ordinance upon adoption hereof, as if fully set forth herein. Section 2. Part II, Chapter 2, Article V of the Code of Ordinances of the City of Boynton Beach, entitled “BUSINESS TAX RECEIPTS AND CERTIFICATES OF USE” shall be amended as follows: ARTICLE I. BUSINESS TAX RECEIPTS AND CERTIFICATE OF USE Sec. 13-1. Purpose; imposition and levy of tax; use and occupancy certificates and inspections required. The governing body of Boynton Beach hereby establishes the City of Boynton Beach Business Tax Receipt Code and levies a Business Tax Receipt tax for the privilege of engaging in or managing any business, profession or occupation within its jurisdiction, pursuant to Chapter 205, Florida Statutes, as amended from time to time. The Business Tax Receipt tax is levied on: (1) Any person who maintains a permanent business location or branch office within the municipality, for the privilege of engaging in or managing any business within its jurisdiction. 462 of 579 (2) Any person who maintains a permanent business location or branch office within the municipality, for the privilege of engaging in or managing any profession or occupation within its jurisdiction. (3) Any person who does not qualify under subsection (1) or subsection (2) and who transacts any business or engages in any occupation or profession in interstate commerce, if the Business Tax is not prohibited by Sec. 8 of Article 1 of the United States Constitution. Use and occupancy certificates and inspections shall be required prior to the following: a dwelling unit being rented for residential purposes; a building or portion thereof of a commercial or industrial space being occupied by either a new owner or business tenant; and any other parcel of land being used by an owner or business tenant for commercial or industrial purposes. (a) Purpose. The operation of businesses within the city without the safeguards associated with the filing of an application for a use and occupancy certificate and inspection and a local business tax receipt constitutes a danger to the health, safety and welfare of the community. The city commission has determined that more effective enforcement procedures are necessary to prevent the operation of a business in the city without obtaining a use and occupancy certificate and inspection and a local business tax receipt or paying a local business tax. Owners of real property who permit businesses to operate from their property without verification of a valid and current use and occupancy certificate and inspection and local business tax receipt contribute to the proliferation of illegal business. An increase in the penalty for operating a business without obtaining a use and occupancy certificate and inspection and a local business tax receipt or without paying a local business tax will have a greater deterrent effect on businesses operating illegally within the city. This enforcement procedure was adopted to maximize the city's ability to enforce the city's prohibition against conducting a business without proper application for a use and occupancy certificate and inspection and a local business tax receipt and to encourage swift compliance with these requirements. (b) Use and occupancy of a property with inspection is the method by which the city documents the existing conditions of a property and any non-conformities, establishes the current land use and zoning, and grants approval to occupy at a given location for specified uses. (c) All property owners of either commercial or industrial space must apply for a use and occupancy certificate on an annual basis and the properties will be inspected on an annual basis. (d) All property owners of residential space to be rented as a dwelling unit must apply for a use and occupancy certificate and must schedule an inspection for the properties to be rented. Inspections of residential rental dwelling units shall occur on a biennial (every other year) basis at a minimum. (e) Any person applying for or renewing a local business tax receipt for the business tax period beginning October 1, to practice any profession regulated by the Florida Department of Business and Professional Regulation, or any board or commission thereof, must exhibit an active state certificate, registration or license, or proof of copy 463 of 579 of the same, and a current use and occupancy certificate for the location associated with the business activity before a local business tax receipt may be issued. Sec. 13-2. Definitions. For the purpose of this chapter, the following words shall have the meaning ascribed to them in this section, unless the context requires otherwise: … As used in this article: . . . Business Use Certificate – A review method by which the City determines the appropriateness of the use within the zoning district and type of use under the Florida Building Code. Certificate of Use and Occupancy. An review and inspection method by which the city documents the existing conditions of a property; identifies any non-conformities to be addressed by occupant/owner; establishes current land use and zoning; and grants approval to occupy a given location for specific uses. Local Responsible Party. An adult person or licensed property management company designated by the property owner to be the owner’s liaison with the city regarding the owner’s rental property. The local responsible party, if an individual shall reside in Miami-Dade, Broward, Palm Beach, Martin or Indian River County. Special Magistrate shall mean any of the the City’s Special Magistrates appointed by the City Commission to conduct hearings pursuant to the City Code and Florida Statutes. Except for Board voting requirements, any reference in the City’s Code to “Code Enforcement Board” shall include Special Magistrate(s). Sec. 13-3. Conflict with statute. 464 of 579 The regulation of Business Tax Receipts shall be administered in accordance with this chapter and with Chapter 205.013-205.1973, Florida Statutes, as amended from time to time. In the event of any conflict between this Business Tax Receipt Code and Florida Statutes, TITLE XIV. TAXATION AND FINANCE, Chapter 205 “Local Business Taxes,” including future amendments, the provisions of Chapter 205 shall control. Sec. 13-5. Provision for unlisted businesses or occupations. All businesses must obtain a Certificate Business of Use Certificate prior to operating within the city. The city may hereinafter classify and issue Business Tax Receipts for businesses or occupations not specifically listed herein. The city shall establish a classification for new businesses or occupations in accordance with the United States Standard Industrial Classification of Establishments (SIC). The Business Tax Receipt tax established by the city for any business not specifically listed herein shall be commensurate with the rate structure and classifications set forth in Sec. 13-4, and shall be established by resolution of the City Commission following application but prior to issuance of a Business Tax Receipt for the unclassified business. Sec. 13-7. Application and reapplication fees. for Business Use Certificate; Certificate of Use and Occupancy, inspections, and Business Tax Receipt; required for use of any property for commercial or industrial purposes or for residential dwelling rental. (a) Prior to the issuance of a Business Tax Receipt a person shall file an application for Certificate of Use with the city. The application shall be on a form prescribed by the city, and shall be filed together with such other documentation as hereinafter set or as required by state law. It shall be unlawful for any property owner, either directly or indirectly, to conduct or enter into a rental agreement for residential, commercial and/or industrial purposes within the city without first filing an application for a Business Use Certificate and being issued a Certificate of Use and Occupancy and scheduling the required inspection and requesting and obtaining a local business tax receipt by the city. The Business Tax Receipt portion of the form shall require 465 of 579 disclosure of the Federal Identification Number or Social Security number of the person to be licensed. (b) Each new application for a Business Use Certificate of Use and Business Tax Receipt shall be accompanied by an application filing fee in the amount of forty dollars ($40.00), which shall cover the Business Use Certificate of Use inspections and review to be undertaken by city zoning, and building division staff. Should additional Iinspections for environmental, Utilities, Code, fire, or and other departments, will be determined necessary due to by the proposed use, the applicant shall pay for such inspections at a rate of twenty-five dollars per hour ($25.00/hour)fifty dollars ($50.00) per discipline, not exceeding a total of two hundred dollars ($200.00). In the event an application is denied due to failed initial inspections, one additional follow up inspection will be conducted at no additional charge. If the additional inspection is failed, the application may, upon payment of a re-inspection fee of ten dollars ($10.00) one- hundred dollars ($100.00) for first re-inspection; one-hundred-fifty dollars ($150.00) per each additional re-inspection, be reconsidered. th, Certificate of Use and Occupancy is renewable each year expiring on September 30with an annual renewal fee of thirty dollars ($30.00). (c) It shall be unlawful for any person or entity, either directly or indirectly, to conduct or enter into a business, profession, or occupation within the city without first filing an application for a Business Use Certificate and being issued a local business tax receipt by the city. (d) If the real property that is to be used for the operation of a business is subject to unpaid city fines, fees or code violation liens the city shall not issue a use and occupancy certificate or conduct a use and occupancy inspection until such time as all liens, fines or fees on the property are fully paid, including interest due and any assessable costs and until all code violations are brought into compliance. 466 of 579 (e) Before the city can issue a Certificate of Use and Occupancy and schedule and conduct the required Use and Occupancy inspection and issue a local business tax receipt for engaging in or carrying on any of the businesses, professions or occupations specified and set forth herein, it shall be the duty of the applicant to file an application for Business Use Certificate with the Development Services Division, such application to be in the form required by the city and such applicant shall be required to furnish to the city such other information not contained in the application as the city manager or designee may require. (f) Local responsible party required. Whenever any property is required to have a Certificate Use and Occupancy under this (1) article, the owner shall designate in writing, on a form provided by the city, a local responsible party for contact by city officials relating to the property. The owner shall also provide a valid address and phone number for the local responsible party. (2) An owner of a rental property may designate himself or herself as the local responsible party under this section provided that any owner who does so must reside within Miami-Dade, Broward, Palm Beach, Martin or Indian River County. Any owner who resides outside of Florida either at the time of applying for a Certificate Use and Occupancy or after having secured such certificate, shall designate a local responsible party. (3) A local responsible party is required to have the authority to adequately and timely respond to any code compliance issues that may arise on the subject property and shall be responsible for the care, custody, control and compliance of the rental property. The local responsible party may apply for a Certificate Use and Occupancy and inspection on behalf of the owner. 467 of 579 (4) An owner shall notify the Development Services division in writing of any change in the designation of the local responsible party within ten (10) business days of such change. (5) The use of the word "owner" in this article shall include "local responsible party" where appropriate. (6) Failure to designate or engage a local responsible party meeting the requirements of this section shall subject the owner to code compliance proceedings as authorized under Chapter 2, Article V of this Code. (g) Applicants are required to schedule timely Certificate Use and Occupancy inspections and the timely renewal of their Certificate Use and Occupancy and local business tax receipts. (h) It is unlawful for a property owner to allow by lease, license, grant or other written or oral agreement, the use of any real property for the operation of a business without a valid and current Certificate Use and Occupancy including required inspection and local business tax receipt. (i)The application fees required for obtaining a Certificate Use and Occupancy are based on one (1) certificate for each individual piece of real property as described by the Palm Beach County Property Appraiser's Office through the provision of a property control number and recorded deed and shall be set by resolution of the city commission. Certificate Use and Occupancy is not transferable. (j) All Certificate Use and Occupancy and Business Use Certificate applications are subject to inspection of the real property being used for the operation of the business by the city. The Certificate Use and Occupancy inspection charges shall be set by resolution of the city commission. If the owner of a dwelling does not reside at the dwelling, and the dwelling is occupied by anyone, including a relative of the owner of the dwelling, there is a presumption 468 of 579 that the dwelling is being rented and must have a Certificate Use and Occupancy and a business tax receipt. This presumption may be rebutted by the owner of the dwelling applying for an exemption from the Certificate Use and Occupancy and business tax receipt. The exemption application shall include an affidavit of the owner that all persons residing at the dwelling are relatives of the owner and that these relatives pay no rent or other consideration for the privilege of living at the dwelling and that the relatives provide no maintenance or other services in return for the right to live at the dwelling. The application fee for the exemption application shall be set by resolution of the city commission and must be obtained every year. Sec. 13-8. Declaration required where fee depends on variable factors within the applicant's knowledge. Whenever the Certificate of Use or Business Tax Receipt depends upon variable factors, the applicant shall be required by the city to execute an affidavit containing information upon which the Business Tax Receipt fee is calculated. The affidavit shall be completed, executed and returned to the city as a condition precedent to the issuance of a Certificate of Use Business Tax Receipt or, on request by the city, to the reissuance of an existing Business Tax Receipt. Failure to accurately disclose variable factors shall constitute grounds for the denial of an application or the revocation of an issued Certificate of Use and Business Tax Receipt. Sec. 13-9. Issuance of Certificate of Use and Occupancy and Business Use CertificateTax Receipt. (a)Upon receipt of a Certificate of Use and payment of the required Business Tax Receipt fee, the The Director of the Development Services Division will shall issue the Business Tax Receipt or Certificate of Use and Occupancy, only if: 469 of 579 a. The Director of the Development Services Division determines the proposed business and location complies with all City zoning codes and ordinances, in additional to all other applicable local, County, State, or Federal ordinances, codes, statutes, or other applicable regulation; and, b.Proof of occupational or professional certification or licensure is provided when such certifications or licenses are required under state law. (b) The mistaken issuance of a Business Use Certificate, Certificate of Use and Occupancy or Business Tax Receipt shall not be deemed to be a waiver of any provision of the City Code nor shall the issuance of a Business Use Certificate, Certificate of Use and Occupancy or Business Tax Receipt be construed to be a judgment of the city as to the competence of the applicant to transact business. (c) No Certificate of Use or Business Tax Receipt shall be issued unless it is found that the proposed business and location comply with all city zoning codes and other applicable city ordinances. (d) No Certificate of Use or Business Tax Receipt shall be issued for an occupation where certification is required under state law unless proof of said certification is provided. Sec. 13-10. Due dates. Business Tax Receipts and Certificates of Use and Occupancy shall be sold by the city beginning August 1st of each year and are due and payable on or before September 30th of each year and expire on September 30th of the succeeding year; upon transfer to a new owner; or following approval of a Business Use Certificate of Use application for a new or relocating business. Sec. 13-11. Delinquency penalty. 470 of 579 Business Tax Receipts that are not renewed when due and payable are delinquent and subject to a delinquency penalty of ten percent (10%) for the month of October, plus an additional five percent (5%) penalty for each subsequent month of delinquency until paid, provided the total delinquency penalty may not exceed twenty-five percent (25%) of the Business Tax Receipt tax for the delinquent establishment. (a) All Certificates of Use and Occupancy and local business tax receipts issued hereunder may be renewed without penalty no later than September 30 by application for the Certificates of Use and Occupancy and local business tax receipt holder. Certificates of Use and Occupancy and local business tax receipts not renewed by October 1 shall be considered delinquent and subject, respectively, to a delinquency penalty of ten (10) percent of the full year use and occupancy certificate and local business tax receipt fee for the month of October, plus an additional five (5) percent penalty for each month of the delinquency thereafter until paid. The total delinquency penalty shall never exceed twenty-five (25) percent of the full year local business tax receipt fee for the applicant. (b) For the required Certificates of Use and Occupancy inspection, should a property owner fail to accommodate the city's scheduled appointment on two (2) occasions, a fine of one hundred dollars ($100.00) shall be assessed. For each additional failure to facilitate the city's inspection, an additional one hundred fifty dollar ($150.00) fine shall be assessed for each separate occurrence. Sec. 13-12. Transfer of a Business Tax Receipt. (a) Transfer to new owner. Business Tax Receipts may be transferred to a new owner when there is a bona fide sale and transfer of the business and property used in the business. A transferred Business Tax Receipt shall be valid for the same time period and at the same location for which it was originally issued. The original Business Tax Receipt shall be surrendered at the time application for transfer is made. A transferred Business Tax Receipt, after being approved, shall be of the same force and effect as the original Business Tax Receipt. A person applying for such transfer shall pay to the city a transfer fee of ten percent of the annual license tax, but not less than three dollars ($3.00) nor more than twenty-five dollars ($25.00) and shall present evidence of the sale or transfer of the business. A Certificate of Use and Occupancy shall be 471 of 579 required when originally approved equipment is removed or altered, or alterations to floor plan or other building systems occurs. Certificate of Use and Occupancy is not transferable. (b) Transfer to new location. Business tax receipts may be transferred from one location to another, subject to receipt of a Business Use Certificate and active Certificate of Use and Occupancy, provided no change of ownership has occurred and the business classification in which the Business Tax Receipt was originally issued remains unchanged. A transferred Business Tax Receipt shall be valid for the same time period for which it was originally issued at the new location. The original Business Tax Receipt shall be surrendered at the time application for transfer is made. A transferred Business Tax Receipt, following receipt of a Business Use Certificate and active Certificate of Use and Occupancy, shall be of the same force and effect as the original Business Tax Receipt. A person applying for such transfer shall pay to the city the Business Use Certificate of Use application filing and inspection fees as listed in Sec. 13-7 and a transfer fee of ten percent of the annual license tax, but not less than three dollars ($3.00) nor more than twenty-five ($25.00) dollars. Sec. 13-15. Doing business not covered by Business Tax Receipt; Certificate of Use or Business Tax Receipt obtained by false statements void ab initio. No Business Use Certificate, Certificate of Use and Occupancy or Business Tax Receipt issued under the provisions of this chapter shall protect any person from prosecution for transacting any business, trade or profession not covered by the Business Use Certificate, Certificate of Use and Occupancy or Business Tax Receipt, or protect any person doing business with a Business Tax Receipt issued upon any false statement of variable factors. Business Use Certificate, Certificate of Use and Occupancy or Business Tax Receipts that are issued based on false statements shall be considered as void ab initio and shall not protect the holder thereof from prosecution for transacting business without a Certificate of Use and Occupancy or Business Tax Receipt. 472 of 579 Falsification of information can constitute grounds for revocation of the Certificate of Use and Occupancy and Business Tax Receipt, for a fine not exceeding five hundred dollars ($500.00), or imprisonment not exceeding sixty (60) days. Sec. 13-16. Engaging in business without a Business Tax Receipt; penalties; prima facie evidence. (a) It shall be unlawful for any person to engage in any business, profession, or occupation taxable by business tax receipt hereunder without first obtaining a Business Tax Receipt. Any person engaged in such business, profession or occupation without the required Certificate of Use and Business Tax Receipt shall pay a penalty of twenty-five percent (25%) of the full year Business Tax Receipt fee for such trade, in addition to the Business Tax Receipt fee set forth herein. (b) In addition, a person operating in violation of this chapter shall be subject to a fine of up to five hundred dollars ($500.00) a day and/or sixty (60) days in jail for each day business is operated in violation of this chapter. (c) In any original prosecution under this section, the fact that such person is open for business, shall be prima facie evidence of engaging in such trade, business, profession or occupation, and the burden shall be upon the defendant to rebut same. (a) It shall be unlawful for any person to engage in any business, profession or occupation required to be certificated and receipted hereunder without a Business Use Certificate and required inspection and local business tax receipt or under a Certificate of Use and Occupancy and required inspection and local business tax receipt, conducted and issued upon false statements made by such person, or in his behalf. Any person engaged in any such business, profession or occupation without first obtaining a Business Use Certificate, Certificate of Use and Occupancy and required inspection and local business tax receipt, if 473 of 579 required herein, shall pay a penalty of twenty-five (25) percent of the full year certificate and receipt year for such a trade, in addition to the Business Use Certificate, Certificate of Use and Occupancy fees and business tax fee set forth herein. Such person may also be charged with a criminal penalty as provided in section 1-6 of the Code of Ordinances. (b) Any person, corporation or partnership which owns real property in the city and which by lease, license, grant or other written or oral arrangement permits any person to operate a business without a valid and current Certificate of Use and Occupancy and local business tax receipt shall be subject to a fine of five hundred dollars ($500.00) per day and or sixty (60) days in jail for each day that the business operates on the property without a valid and current Certificate of Use and Occupancy and local business tax receipt. (c) Any person who engages in any business occupation or profession covered by this chapter, who does not pay the required business tax within one hundred fifty (150) days after the initial notice of tax due, and who does not obtain the required business tax receipt is subject to civil actions and penalties, including court costs, reasonable attorneys' fees, additional administrative costs incurred as a result of collection efforts, and a mandatory penalty of two hundred fifty dollars ($250.00). (d) Any person, corporation or partnership who engages in any business occupation or profession covered by this chapter, who does not pay the required Business Use Certificate and Certificate of Use and Occupancy fee within one hundred fifty (150) days after the initial notice of fee due, and who does not obtain the required Business Use Certificate and Certificate of Use and Occupancy, shall be subject to a fine of two hundred fifty dollars ($250.00) per day for each day that the business operates on the property without a valid and current Certificate of Use and Occupancy and required inspection beginning on the 151st day. 474 of 579 Sec. 13-17. Methods of enforcement: injunction; code enforcement. (a)The specific penalties and enforcement mechanisms contained within this article are not exclusive remedies and shall not be construed as prohibiting the city from seeking other fines and other remedies authorized by city, state, or common law, either exclusively or simultaneously.. (b)Any person subject to and who fails to secure a Business Use Certificate, Certificate of Use and Occupancy and Business Tax Receipt required by this chapter or any other ordinance of the city City or law of the State of Florida, shall upon petition by the city be enjoined by the circuit court from engaging in the business in which he has failed to secure said Business Use Certificate, Certificate of Use and Occupancy and Business Tax Receipt, until such time as he shall secure same, including all costs of such action. (c)The City may bring any violation of this Chapter as a City Code violation pursuant to Section 2-91, of the City Code to the Code Enforcement Board or Special Magistrate. Sec. 13-18. Right to deny issuance, renewal, transfer, revocation; right of appeal. (a) The city City may revoke or refuse to issue, reissue, renew, or transfer any Business Use Certificate of Use or Business Tax Receipt provided for in this chapter when due to: (1)Issuance will result in the violation of Any violation of applicable city, county, or other local, state, or federal law or regulation or state law, or (2)The Director of the Development Services, determines the subject business and location does not comply with applicable City zoning codes and ordinances, or is in violation of applicable provisions of any local, County, or State or Federal regulations, ordinances, law, or statute. (3)The Director of the Development Services Division determines that proof of occupational or professional certification or licensure is required under applicable law 475 of 579 and inadequate documentation was provided or that the applicable certification or licensure has been revoked, suspended, terminated, or otherwise discontinued, either temporally or permanently, by the applicable regulating authority. (4) (2) When the City's Code Enforcement Board or Special Magistrate has issued an order finding a code violation and the violation has not been corrected compliance, as determined by applicable City staff, has not been achieved, or (5)(3) When the City's Code Enforcement Board or Special Magistrate has issued an order imposing a fine and the fine remains unpaid. (b) In the case of refusal to issue, reissue or transfer any Business Use Certificate of Use or Business Tax Receipt on one of the foregoing grounds, the city shall notify the business applicant or Business Tax Receipt holder in writing the basis for such refusal to issue, reissue or transfer a Business Use Certificate of Use or Business Tax Receipt with specific reference to the provisions of the City Code or Code Board Order which the city asserts constitutes grounds for denial. (c) The city City shall have the right and authority to revoke, with provide fifteen (15) days written notice upon the revocation of , any Certificate of Use and Occupancy or Business Tax Receipt granted under this chapter and issued to any person., whenever it is made to appear that the business method or operation or work being conducted or carried on by the business constitutes the violation of any applicable city, county, or state law. any violation of applicable city, county, or other local, state, or federal law or regulation (d) An applicant who is denied issuance, reissuance or transfer of a Business Use Certificate of Use or Business Tax Receipt or whose Certificate of Use and Occupancy or Business Tax Receipt has been revoked may, within ten (10) calendar days of the denial or revocation, file a written appeal of the denial or revocation to the City’s Special Magistrate Building Board of Adjustment. The Notice of Appeal shall be filed with the City Clerk. 476 of 579 (e) The Board City shall meet within thirty (30) days and shall schedule conduct a quasi- judicial evidentiary hearing within thirty (30) days of the filing of the Notice of Appeal with the City Special Magistrate. The hearing must be conducted no later than forth-five (45) days, from the filing of the Notice to Appeal. The initial burden of proof shall be on the City to establish that the refusal or denial to issue, reissue or transfer a Business Use Certificate of Use or Business Tax Receipt is based on the grounds as set forth in division (a) above. The burden then shifts to the applicant to prove that the applicant is exempt from application of the City, County, Federal or State law, that the Code violation has been corrected, or that the Code Board fine has been paid. The Board shall issue a final order with findings of fact. (f) The decision of the Building Board of Adjustment Special Magistrate shall be final as of the date of the order and shall only be subject to review by writ of certiorari to Palm Beach County Circuit Court. (g) A Notice of Appeal stays the denial or revocation of the license until the appeal process is completed, unless enjoined by the circuit court from engaging in the business in which he has failed to secure said Certificate of Use and Occupancy and Business Tax Receipt. (h) When denial of the issuance or reissuance of a license is based on division (a)(3) above, the Notice of Appeal shall be accompanied by payment of the outstanding Code violation fine. Section 3. The City Administration, including without limitation the City Manager, the Finance Department, the Police Department, Code Enforcement, and the City Attorney, are authorized to take all steps necessary to retain Special Magistrates for the purposes established by this ordinance. Section 4. Severability. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. 477 of 579 Section 5. Inclusion in Code. It is the intention of the City Commission of the City of Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 6. Effective Date. This Ordinance shall become effective on the date of second reading set forth below. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE FOLLOWS. 478 of 579 FIRST READING this ____ day of ___________, 2013. SECOND, FINAL READING AND PASSAGE this ___ day of __________, 2013. 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 479 of 579 13. D LEGAL August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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. 14-019 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Amending Article IV, Chapter 18 of the Boynton Beach Code of Ordinances entitled Pensions for Firefighters. ER: The Board of Trustees of the Firefighters Pension Trust XPLANATION OF EQUEST Fund is recommending that the City Commission approve an amendment to the Fire Pension to extend the terms of office for the five member Board of Trustees. The proposed ordinance amends Section 18-179 of the City Code to extend Pension Trustee terms of Office from two (2) to four (4) years, as permitted by Section 175.051, Florida Statutes. The amendment applies equally to all five (5) current Pension Trustees, whether appointed by the City or elected by the firefighter membership. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES By extending the terms of office for Pension Trustees, the goal is to take full advantage of the institutional knowledge and training of the Pension Board. The Law governing Firefighter Pension Plans, Chapter 175, Florida Statues, was amended by the Florida Legislature in 2009 to permit, but not require, four year terms of office for pension trustees. In 2010, the terms of office for the Boynton Beach Police Pension Board were extended by Ordinance 10-005. The proposed Fire Pension Ordinance would similarly provide for 4 year terms of office for Fire Pension Trustees. The new terms of office would apply equally to all five Trustees (the 2 city appointees, th the 2 firefighters elected to the board, and the 5 “at large” trustee). 480 of 579 FI: In the opinion of the Pension Plan’s actuary, the amendment will have ISCAL MPACT no actuarial impact on the Pension Plan. A: In the opinion of the Pension Plan’s actuary, the amendment will have LTERNATIVES no actuarial impact on the Pension Plan. 481 of 579 ORDINANCE NO. 14-019 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CITY OF BOYNTON BEACH FIREFIGHTERS PENSION TRUST FUND; AMENDING SECTION 18-179 EXTENDING THE TERMS OF OFFICE FOR TRUSTEES FROM 2 TO 4 YEARS; PROVIDING FOR CODIFICATION, SEVERABILITY, A REPEALER; AND AN EFFECTIVE DATE. WHEREAS , the Florida legislature amended Chapter 175, Florida Statutes, authorizing municipalities to pass an ordinance extending the terms of office for trustees on Chapter 175 pension boards from two to four years; WHEREAS , the Board of Trustees of the City of Boynton Beach Municipal Firefighters Pension Trust Fund has recommended the extension of trustee terms of office from two to four years, and that this ordinance be approved; WHEREAS , the City Commission of the City of Boynton Beach concurs with the assessment of the Boards of Trustees that the adoption of this amendment is in the best interests of the citizens and taxpayers of the City; 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: Section 18-179 of the Boynton Beach City Code is hereby amended to read as follows: Sec. 18-179. Application of Chapter 175; Trustee Terms of Office. All other provisions of F.S. Chapter 175 shall meet all the requirements and be fully applicable, except for the provisions of this article, to the City of Boynton Beach 482 of 579 Municipal Firefighters Pension Trust Fund. The increased pension benefits in the same percentage of increase as provided for by this article shall apply to all firefighters now receiving retirement benefits and all firefighters eligible for retirement benefits but not now retired, under the provisions of the City of Boynton Beach Municipal Firefighters Pension Trust Fund, F.S. Chapter 175. A retiree receiving a joint and survivor form of benefit shall be permitted to change his or her beneficiary, as provided in F.S. §§ 175.171 and 175.333. The Board of Trustees shall be governed by Section 175.061, Florida Statutes. Each Trustee shall have a term of four (4) years, but may succeed himself or herself in office, and shall holdover until replaced. All Trustees serving as of January 1, 2014 shall have their current term extended for a two (2) year period. Section 3: It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Boynton Beach, that the sections of the Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word “Ordinanceshall be @ changed to “Sectionor other appropriate word. @ Section 4: If any clause, section, or other part or application of this Ordinance shall be held in any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and shall not affect the validity of the remaining portions or applications which shall remain in full force and effect. Section 5: All ordinances or parts of ordinances, resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6: This Ordinance shall become effective immediately upon adoption, unless otherwise provided. 483 of 579 th FIRST READING this 19 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) Coding: Words in strikeout type are deletions from existing text. Words in underline type are additions. 484 of 579 13. E LEGAL August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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. 14-020 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve amendment to the Land Development Regulations, Chapter 4, Article 5, Sections 3, 4 and 5 inserting Flexible Parking Provisions Promoting Smart Growth (CDRV 14- 002) through the addition of reduced parking ratios and eligibility criteria for projects justifying lower parking needs and accommodating, in part, fuel efficient vehicles, EV charging stations, incentives for use of mass transit and ride sharing. Applicant: City-initiated. ER: The proposed amendments represents one component in a XPLANATION OF EQUEST series of changes to the City’s parking requirements intended to directly support Smart Growth initiatives. The staff report elaborates on the background of Smart Growth and it’s connection to parking requirements and development review; however, to summarize, the subject amendments are based on the premise that parking requirements should be tailored based on the specific needs of a given development, which may vary by factors other than a general zoning use category. In addition, it represents a change from traditional thinking that parking standards should be based on maximum possible peak demand. The intended purpose is to minimize impervious site surfaces, maximize green/pervious areas, and incentivize sustainable or smart growth operations. More specifically, the proposed amendments allow certain uses to justify a reduced parking ratio by independent professional parking analysis, and in turn, ensure a more efficiently designed site that accommodates electric and compact vehicles, and other energy efficient modes of transportation such as bicycles, motorcycles and scooters. It also requires promotion of car-pooling and use of mass transit. 485 of 579 A second aspect of the proposed regulations is the amendment to provisions that currently allow the minimum number of required off-street parking spaces for a given project to be satisfied, in part, by including those on-street spaces that immediately abut the frontage of the project. The only areas of the City that are currently eligible for this provision include the CBD, the Mixed Use High Zoning Districts, and properties within the Ocean District Community Redevelopment Plan. Staff proposes that the provisions be expanded to be applicable throughout the Community Redevelopment Area. Lastly, the Planning & Development Board forwards the item with a recommendation for approval, but also recommends that the calculation of required handicap accessible spaces remain unaffected by the proposed parking reduction provisions. This recommendation has been accommodated by wording added to the first paragraph under “Section 3. Special Reductions in Required Off-Street Parking” (see Exhibit “A”), that requires the calculation of accessible parking spaces be pursuant to the base parking requirements and not the reduced parking provisions. Staff supports this recommendation given that the justification for reducing total parking space requirements – smart growth design and operation, would not necessarily reduce the anticipated need for accessible parking spaces for a given project. A cross-reference to this requirement is also proposed to Section 5. B. Handicap Accessible Off-Street Parking. H? The proposed amendments OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES promote smart growth design and operation which furthers the City’s Climate Action Plan and other green initiatives. FI: N/A ISCAL MPACT A: None recommended LTERNATIVES 486 of 579 ORDINANCE 14-020 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING PART III, LAND DEVELOPMENT REGULATIONS, CHAPTER 4, ARTICLE V, “MINIMUM OFF-STREET PARKING REQUIREMENTS”, SECTION 3, 4 AND 5, INSERTING FLEXIBLE PARKING PROVISIONS PROMOTING SMART GROWTH; PROVIDING FOR CONFLICT, SEVERABILITY, INCLUSION; AND EFFECTIVE DATE. WHEREAS, the purpose of this amendment is to insert Flexible Parking Provisions Promoting Smart Growth into the Land Development Regulations through the addition of reduced parking ratios and eligibility criteria for projects justifying lower parking needs and accommodating, in part, fuel efficient vehicles, EV charging stations, incentives for use of mass transit and ride sharing; and WHEREAS, staff recommends the adoption of the amendments to the Land Development Regulations Chapter 4, Article V, Sections 3, 4 and 5, inserting flexible parking provisions promoting smart growth design and operation which furthers the City’s Climate Action Plan and other green initiatives. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby ratified and confirmed by the City Commission. Section 2. That Part III, "Land Development Regulations", of the City of Boynton Beach Article II, Chapter 4, Article V, Minimum Off-Street Parking Requirements, Section 3, 4 and 5 are hereby amended as follows: Chapter 4. Article V. Minimum Off-Street Parking Requirements Section 3.Special Reductions in Required Off-Street Parking. The following provisions to reduce the number of required off-street parking spaces shall be utilized individually and not in conjunction with each other or with any other provision to reduce parking within this article. NOTE: Calculation of needed handicap accessible off-street parking 487 of 579 spaces shall be pursuant to the base parking requirements and not based on the reduced parking requirements described by this section for which a project may be eligible (also see below the section on Handicap accessible Off-Street Parking). B. Handicap Accessible Off-Street Parking. . G. Parking reductions for sustainability. To promote or recognize sustainable design or operation, including increased pervious area, reduced parking fields, promotion of mass transit and uses of renewable energy sources, lower parking requirements will be granted to eligible developments as follows: Use Minimum Number of Required Parking Spaces Building area is based on gross floor area unless specifically expressed otherwise. Efficiency or one (1)-bedroom apartment 1.33 Two (2) or more bedroom apartment 1.66 Shopping Center 1 per 250 Office – Retail Complex 1 per 250 Grocery Store 1 per 250 (Reserved) (Reserved) 1.Applicability. Eligible developments must be able to provide sustainable design and operation, and, except where noted below, must be located within one-half (1/2) mile from a regional transportation facility (e.g. Transit Area), or within 500 feet of a bus stop with direct access to a regional transportation facility, measured from property line to property line. 2.Application and Development Requirements. Requests for parking reduction must occur at time of site plan review, and must include a parking demand study prepared by a professional engineer and/or based on findings from an existing development or other comparable projects experienced by the applicant that include, in part, projects designed to meet lower parking requirements as allowed by this section. The study must provide evidence that the project would not be deficient of parking, that the reduced ratios would not adversely affect the project in any way, or increase the demand for parking spaces upon public streets in the immediate vicinity, or would not increase the demand for parking spaces on private properties in the immediate vicinity unless in conjunction with an approval for shared parking pursuant to City regulations. Eligible applicants must demonstrate that proposed parking design or resources would be adequate, and shall satisfy the following requirements meeting sustainable design and operation (where basic mathematical calculations are involved, rounding will be based on the traditional mathematical rule): a.Describe, in quantifiable terms, how the project provides an increase in green space (pervious area) which otherwise would be paved for parking spaces. b.Accommodate fuel efficient vehicles through provision of covered and well- illuminated locations with apparatus for parking and locking of bikes and low- powered mopeds and scooters, and designated spaces for motorcycles and compact vehicles. Covered storage facilities shall be located on the project site in close 488 of 579 proximity to the destination of the residents, employees, or visitors. c.No more than 3% of the required parking spaces are represented by spaces dedicated to motorcycles, which should be covered as an incentive for use. d.No more than 10% of the required parking spaces are represented by spaces dedicated to compact vehicles, and disbursed throughout the project to maximize accessibility and convenience. e.Provide efficiency in parking design including consideration for space-conserving tandem spaces when functionally feasible. f.Provide vehicle charging stations and dedicated spaces for at minimum Level 2 charging power (1 per 50 dwelling units and 1 per every 50,000 square feet for non- residential developments in excess of 75,000 square feet. g.Design for maximized pedestrian interconnectivity for internal circulation and efficient ingress and egress minimizing travel distance for pedestrians and bike/moped/scooter riders. h.Include a parking contingency plan to show areas on the proposed site plan where parking spaces may be added in the event that a shortage is subsequently realized for average daily parking demand. If such future spaces do not equal or exceed the total deficiency determined by the standard parking requirements for the use, provide operational rules, procedures or strategies at time of site plan approval to off-set the realized deficiency. i.Facilitate a ride-sharing/car pool program by screening, recording and maintaining participants’ travel destination information, schedules and routes for controlled access by residents and employees. j.Maintain bus and train schedules in the management office, accessible to residents and employees. The management shall designate employees who will maintain and distribute schedule and route information enabling them to advise residents and employees as necessary. k.Consider a shuttle service/program providing transportation to the nearest transit facility, whether as an incentive or fee-based. Residents should be polled for interest. l.Include marketing goals and practices targeting residents who work atypical shifts, including incentives for those in fields such as law enforcement, medical, security, etc. m.Provide the following information to residents at time of lease, and post it on a permanent sign visible from a common location and at entry to the management office: “This development offers sustainable living (or working) environment that facilitates a reduction in required parking spaces while accommodating bikes, low- powered mopeds and scooters, motorcycles, compact vehicles and electric vehicles. Contact the management for further information”. 489 of 579 n.Establish and implement operational rules that regulate the maximum number of vehicles per unit, provide incentives for minimizing total vehicles and maximizing compact and electric vehicles, and restrict where lesser used vehicles such as recreational, work, or utility vehicles and equipment can be parked or stored. Incentives shall be provided for single vehicle households or to those regularly using or dependent on public transportation. o.Implement an operational rule prohibiting operators, residents, employees, visitors, etc. from using any parking space, including interior garage spaces, for any purpose other than for the temporary parking of vehicles as intended and designed for the project. p.Consent to providing a report containing evidence of continued compliance with the requirements herein upon request by the City. Chapter 4. Article V. Minimum Off-Street Parking Requirements Section 4. Exceptions to Providing Required Off-Street Parking. C. On-Street Parking. 2. Conditions. The provision for on-street parking space to be used to meet the minimum number of required off-street parking spaces shall be subject to the following conditions: a. The on-street parking provision is applicable to all existing or proposed development located within either the Central Business District (CBD), a subsequent zoning district established to supplement or replace the CBD, or within a lot or parcel located within the adopted Ocean District Community Redevelopment Plan the Community Redevelopment Area. Chapter 4. Article V. Minimum Off-Street Parking Requirements Section 5. Other Parking Regulations. B. Handicap Accessible Off-Street Parking. 1.Applicability. All parking lots shall meet or exceed State Handicap Code requirements, and comply with the Florida Building Code. All residential district parking spaces (surface, covered, enclosed) required pursuant to the Florida/Federal Fair Housing Act shall comply with the mandatory requirements of the Act. There shall be provided off-street handicapped parking spaces available at the time of the erection of any structure of any structure or the enlargement of any structure. 2.Table 4-23. Handicap Accessible Parking Requirements. 490 of 579 Total Spaces* Min. Accessible Up to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 2% Over 1,000 ** Source: Florida Building Code (Florida Building Code should be reviewed for current requirements) *See Section 3. Special Reductions in Required Off-Street parking when calculating required accessible parking spaces for a project designed according to a reduction provision. **Twenty (20) spaces plus one (1) space for each one hundred (100) over one thousand (1,000) In addition to the above parking requirements, the Florida Building Code requires additional accessible spaces for medical uses that provide out-patient treatments or services for persons with mobility impairment. The design and maintenance of accessible parking spaces and signage shall be in accordance with the Florida Building Code. All required handicap accessible parking spaces shall be provided on-site. Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. 491 of 579 Section 5. It is the intention of the City Commission of the City of Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 6. This Ordinance shall be effective immediately after adoption by the City Commission. TH FIRST READING this 19 day of August, 2014. SECOND AND FINAL READING ADOPTED 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) 492 of 579 493 of 579 494 of 579 495 of 579 496 of 579 497 of 579 498 of 579 13. F LEGAL August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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: AMENDED RESOLUTION NO. R14-075 - EQUESTED CTION BY ITY OMMISSION Restating date of budget adoption public hearings ER: The original Resolution announced the first public hearing XPLANATION OF EQUEST date which was subsequently changed by one day to comply with TRIM requirements. The revised date for the first public hearing is September 3, 2014. H? Resolution provides clear OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES restatement of the date, time and place of the first public hearing to adopt Fiscal Year 2014-15 millage rate and budget. FI: None ISCAL MPACT A: None LTERNATIVES 499 of 579 AMENDED RESOLUTION NO. R14-075 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A PROPOSED MUNICIPAL MILLAGE RATE FOR GENERAL OPERATING BUDGET PURPOSES FOR FISCAL YEAR 2014-2015, STATING A ROLLED-BACK RATE, AND SETTING FORTH THE DATE, TIME AND PLACE OF THE FIRST PUBLIC HEARING; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, pursuant to Florida Statute 200.065(2)(b) it is the responsibility of the Municipality's governing body to advise the Property Appraiser of its, proposed millage rate, rolled- back millage rate, and the date, time and place of the first public hearing at which the proposed millage rate and tentative budget will be considered. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby sets a proposed millage rate of 7.9 which has been computed to fund the General Operating Budget for Fiscal Year 2014-15. The rolled-back rate is 7.4664. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby sets . September 3, 2014 at 6:30 P.M, at Boynton Beach City Hall, 100 East Boynton Beach Boulevard, as the date, time and place of the first public hearing to consider the proposed millage rate and the tentative budget. Section 3. The City Manager of the City of Boynton Beach, Florida, is hereby authorized to execute and submit DR-420 Certification of Taxable Value to the Palm Beach County Property Appraiser's Office. Section 4. If any clause, section, or other part of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affecting the validity of the other provisions 500 of 579 of this Resolution. Section 5. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this ____ day of August, 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) 501 of 579 13. G LEGAL August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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. R14-076 - EQUESTED CTION BY ITY OMMISSION Approve ratification of new Collective Bargaining Agreement for Officer and Detective bargaining unit. ER: With the assistance of a State-appointed Special Magistrate, XPLANATION OF EQUEST the City and the Palm Beach County PBA completed the impasse process and successfully negotiated a new Collective Bargaining Agreement for the Officer and Detective bargaining unit. The Agreement is for a three-year term that will end 9/30/16. The attached Agreement shows the revisions to the previous Agreement. The PBA and City also reached agreement for the Lieutenant and Sergeant bargaining units. Those two Agreements are still being drafted and will reach the Commission for ratification in September. H? The new Agreement will bring OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES greater fiscal and operational stability to the Police. The wage provision corrects the salary compression issues that resulted from wage freezes during the years the City experienced the nationwide economic downtown. FI: The most significant fiscal impact of the collective bargaining ISCAL MPACT agreement is the salary increase for the members, these will go in effect when both sides have ratified and signed the collective bargaining agreement. The impact to salary expense is approximately $416,942.00 for FY 14/15. Additional changes will go into effect at the same time but it is not certain as to the fiscal impact of these changes 502 of 579 for the upcoming fiscal year but staff believes it will result in a reduction of some expenses. A: Reject the negotiated Agreement and direct the City Manager to LTERNATIVES resume negotiations. 503 of 579 504 of 579 505 of 579 506 of 579 507 of 579 508 of 579 509 of 579 510 of 579 511 of 579 512 of 579 513 of 579 514 of 579 515 of 579 516 of 579 517 of 579 518 of 579 519 of 579 520 of 579 521 of 579 522 of 579 523 of 579 524 of 579 525 of 579 526 of 579 527 of 579 528 of 579 529 of 579 530 of 579 531 of 579 532 of 579 533 of 579 534 of 579 535 of 579 536 of 579 537 of 579 538 of 579 539 of 579 540 of 579 541 of 579 542 of 579 543 of 579 544 of 579 545 of 579 546 of 579 547 of 579 548 of 579 549 of 579 550 of 579 551 of 579 552 of 579 553 of 579 554 of 579 555 of 579 556 of 579 557 of 579 558 of 579 559 of 579 560 of 579 561 of 579 562 of 579 563 of 579 564 of 579 565 of 579 566 of 579 567 of 579 568 of 579 569 of 579 570 of 579 571 of 579 572 of 579 573 of 579 574 of 579 575 of 579 14. A FUTURE AGENDA ITEMS August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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 impact of pending legislation legalizing EQUESTED CTION BY ITY OMMISSION restricted use of medical marijuana. TBD ER: Vice Mayor Casello requested a future agenda item for XPLANATION OF EQUEST discussion of the impact of this legislation on city zoning, business licenses, etc. This item will be scheduled for an August commission agenda. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 576 of 579 14. B FUTURE AGENDA ITEMS August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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: Hear presentation from All Aboard Florida - 9/3/14 EQUESTED CTION BY ITY OMMISSION ER: As a result of discussions at the Budget Workshop on July XPLANATION OF EQUEST nd 22, the Commission has requested a future agenda item for discussion of the impact of this project. All Aboard Florida representatives will attend our Sept. 3, 2014 Commission Meeting to answer any questions the Commission and public may have. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 577 of 579 14. C FUTURE AGENDA ITEMS August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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: Public Works to bring forward an ordinance EQUESTED CTION BY ITY OMMISSION revising monthly refuse charges to single-family and multi-family residences to be effective 9/03/14 - TBD ER: As part of the FY14/15 proposed budget staff is requesting XPLANATION OF EQUEST an increase in the monthly refuse charge for single-family and multi-family residences of $1.00 per month. Public Works will bring forward an Ordinance addressing this with anticipated effective date of 10/1/14. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 578 of 579 14. D FUTURE AGENDA ITEMS August 19, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: August 19, 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: Staff report on Human Rights Council's request for EQUESTED CTION BY ITY OMMISSION City to update its non-discrimination policy and offer domestic partnership benefits. - September 16, 2014 ER: City Commission at the August 5, 2014 Commission XPLANATION OF EQUEST meeting requested that the Human Resources department prepare a staff report concerning the above request. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 579 of 579