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Agenda 07-18-17 The City of zax" Boynton Beach City Commission Agenda Tuesday, July 18, 2017, 6:30 PM Commission Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Meeting Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Justin Katz (District 1) Commissioner Mack McCray (District 11) Commissioner Christina L. Romelus (District III) Commissioner Joe Casello (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www.boynton-beach.org Page 1 of 743 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES AND PROCEDURES FOR PUBLIC PARTICIPATION AT CITYOF 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 and 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). Page 2 of 743 1. OPENINGS A. Call to Order- Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner McCray. Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS A. Representative Al Jacquet will provide an update on the recent legislative sessions. B. Announce the Breaking Barrier's exhibit and reception featuring Artists With Autism by Debby Coles-Dobay, Public Arts Manager. C. Announce upcoming Town Square Public Input Meetings and Town Square Job Fair. D. Presentation by John McNally, Director of Information Technology Services, highlighting IT operations for the City. 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 Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 1 Alt and 1 Reg Building Board of Adjustments &Appeals: 3 Regs and 2 Alts Community Redev. Agcy Adv. Bd. - 1 Reg Library Bd: 2 Alt Recreation & Parks Bd: 1 Alts Senior Advisory Bd: 2 Alts B. Authorize Commissioner Romelus to travel to Orlando for Florida League of Cities Committee Meetings through September 30, 2017: Page 3 of 743 6. CONSENTAGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R17-062 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. B. Approve an increase to blanket purchase order to Sunbelt Hydraulic and Equipment from $30,000 to $50,000 as a sole source vendor. C. Authorize the City manager to sign a "Letter of No Objection" for the abandonment of specific existing utility easement within the Flavor Pict Townhomes Plat as recorded in Plat Book 121 Pages 193 - 201. The Owner/developer intends to re-plat this section of the development. The developer will re-dedicate City of Boynton Beach Utility easements associated with the re-platting of this Townhome Development. D. Legal Expenses - June 2017 - Information at the request of the City Commission. No action required. E. Accept the Fiscal Year 2016-2017 Budget Status Report of the General Fund and the Utilities Fund for the eight (8) month period ended May 31, 2017. 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 July 18, 2017 - "Request for Extensions and/or Piggybacks" G. Accept the written report to the Commission for purchases over $10,000 for the month of June 2017. H. Approve the minutes from the Special City Commission meeting held on June 12, 2017 and Regular City Commission meeting held on June 20, 2017. 7. BIDS AND PURCHASES OVER $100,000 - None 8. COMMUNITY STANDARDS AND LEGAL SETTLEMENTS A. Modify the Code Compliance Magistrate's Lien Modification Order in Case#11-2475 signed June 21, 2017 reducing the fines in this case from$56,734.12 to $2,230.15. 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. A. Approve request for Modification to the Boynton Village & Town Center Master Plan to amend the previous approvals for SMU Parcels 1, 2 & 3 within Boynton Village & Town Center from 643 condominiums, 350 apartments and 115 single-family homes to 674 apartments and 115 single- family homes, on 106.499-acres located at the NE corner of Congress Avenue and Old Boynton Road. Applicant: Jeffrey Bartel, Berger Singerman LLP. B. Approve request to construct 324 apartments and related site improvements on SMU Parcel 3 of the Boynton Village & Town Center master planned development, located on a 10.246-acre vacant tract on the west side of Renaissance Commons Boulevard, immediately south of the Boynton (C- 16) Canal, in the SMU (Suburban Mixed Use) zoning district. Applicant: Jeffrey Bartel, Berger Page 4 of 743 Singerman LLP. C. PROPOSED ORDINANCE NO. 17-014 - SECOND READING - PUBLIC HEARING - Approve amendments to the CODE OF ORDINANCES, Chapter 13. Licensing, and the LAND DEVELOPMENT REGULATIONS, Chapter 1. Article II. Definitions, Chapter 3. Article IV. Use Regulations, and Chapter 4. Article V. Minimum Off-Street Parking Requirements that provide necessary updates and new standards and justifications for the accommodation and regulation of group homes, and parking requirements for single- and two-family dwelling units. D. PROPOSED ORDINANCE NO. 17-015 - SECOND READING - PUBLIC HEARING - Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 2, 3 and 4 to continue the implementation of the Community Redevelopment Plan with the establishment of the new Cultural District Overlay Zone regulating site development, uses, and urban design. (Staff requests item tabled to 8/15/17) E. PROPOSED ORDINANCE NO. 17- 016 - SECOND READING - PUBLIC HEARING - Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 2 and 3 to continue the implementation of the Community Redevelopment Plan with the establishment of the new Boynton Beach Boulevard Overlay Zone regulating site development standards, uses, and urban design. (Staff requests item tabled to 8/15/17) 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Vice Mayor Katz requested discussion on possible disposition of City-owned land east of Boynton Beach Leisureville. B. Vice Mayor requested to discuss possible uses of the area owned by the City and known as Girl Scout Park. It is"deed restricted". C. Mayor Grant requested discussion on the use and placement of a traveling sauna in the City of Boynton Beach. 13. LEGAL A. PROPOSED ORDINANCE NO. 17-011 - SECOND READING - Approve amendments to the Comprehensive Plan Future Land Use Element (CPTA 17-001) and related Future Land Use Map Amendments (LUAR 17-004). City-initiated. B. Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: BENNIE ROBINSON, Plaintiff, vs. JUSTIN HARRIS, individually, and the CITY OF BOYNTON BEACH, A Florida Municipal Corporation, Defendants. - UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA - Case No. 9:16-cv-81572-CIV-MARRA/MATTHEW MAN C. PROPOSED ORDINANCE NO. 17-017 - SECOND READING - Approve the abandonment of an existing 12 ft. utility easement within the former Verzaal (landscape) Nursery Parcel located on Flavor Pict Road west of Military Trail. D. PROPOSED ORDINANCE NO. 17-018 - SECOND READING - Approve the abandonment of existing utility easement rights within a Residential Access Roadway - Tract R-5, within the Flavor Pict Townhomes Plat as recorded in Plat Book 121 Pages 193- 201. E. PROPOSED RESOLUTION NO. R17-063 - Approve rescinding Resolution R16-150 and Resolution R17-051 in their entirety and revoking the moratorium regarding wireless communications facilities. Page 5 of 743 14. FUTURE AGENDA ITEMS A. Monthly Departmental Presentations: Public Works-August, 2017 B. Discuss impact of recently passed legislation on proposed Medical Cannabis Dispensary ordinance -August 1, 2017 C. Discussion relating to the future of the Building Board of Adjustment and Appeals- TBD D. Discussion of number of boards people are allowed to serve on at one time, attendance policies - TBD E. Draft workforce housing ordinance-August 2017 F. First Commission meeting in September has been changed from Tuesday, September 5, 2017 at 6:30 pm to Thursday, September 7, 2017 at 6:30 pm to have First Public Budget Hearing on Proposed FY 17/18 Budget in accordance with the Truth in Millage (TRIM) calendar. G. Vice-Mayor Katz requested a presentation by Florida Te)dile Recycling, LLC. FTR, LLC provides automated clothing recycling as a non-profit corporation and provides funding to agencies for other non-profit uses- TBD H. Update on progress of Town Square- Phase I -August 15. ADJOURNMENT NOTICE IFA PERSON DECIDES TO APPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING,HE/SHE WILL NEEDA RECORD OF THE PROCEEDINGSAND,FOR SUCH PURPOSE,HUSHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE,WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED.(F.S.286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE,PROGRAM,ORACTIVITY CONDUCTED BY THE CITY.PLEASE CONTACT THE CITY CLERKS OFFICE,(561)742-6060 OR(TTY)1-800-955-8771,AT LEAST 48 HOURS PRIOR TO THE PROGRAM ORACTIVITY IN ORDER FOR THE CITY TO REA.SONABLYACCOMMODATE YOUR REQUEST. ADD1TIONALAGENDA ITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS WEB SITE INFORMATION REGARDING 1TEMSADDED TO THEAGENDA AFTER IT 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 6 of 743 1.A. OPENING ITEMS 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: Call to Order- Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner McCray. Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non-budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 7 of 743 REVIEWERS: Department Reviewer Action Date City Clerk Pyle, Judith Approved 3/14/2017® 3:47 PM Page 8 of 743 2.A. OTHER 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department Reviewer Action Date City Clerk Stanzione, Tammy Approved 7/11/2017® 9:25 AM Page 9 of 743 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: Representative Al Jacquet will provide an update on the recent legislative sessions. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non-budgeted None ALTERNATIVES: Do not allow the presentations. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 7/13/2017- 11:15 AM Finance Howard, Tim Approved 7/13/2017- 11:15 AM City Manager LaVerriere, Lori Approved 7/14/2017- 10:06 AM Page 10 of 743 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: Announce the Breaking Barrier's exhibit and reception featuring Artists With Autism by Debby Coles-Dobay, Public Arts Manager. EXPLANATION OF REQUEST: featuring Artists With Autism May -August 2017 Sat., July 29, 10am-12noon. Civic Center, 128 E. Ocean Ave., Boynton Beach The public is invited to meet the artists and interact in their business and social skills while learning about their artwork. All artwork is available for purchase. Enjoy light refreshments while you learn about the organization, Artists With Autism. Flyer attached or visit: www.boynton-beach.org/departments/public_art/exhibits HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Attract people to the Civic Center and the cultural district of the Clty's downtown. Connects the City to the Artists With Autism supporting it's all inclusive initiative. Supports the Art in Public Places program connecting the cultural environment in Boynton Beach to the global community. Provides a distinctive branding identity for the City, increases cultural tourism, encourages education through engaging art experiences. FISCAL IMPACT: Budgeted none ALTERNATIVES: Not hear the Breaking Barrier's exhibit and reception featuring Artists With Autism. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Develops Boynton Beach as a destination locally, regionally and globally. Supports the downtown cultural district branding. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 11 of 743 Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Public Arts Coles-Dobay, Debby Approved 5/22/2017® 1:02 PM Finance Howard, Tim Approved 6/13/2017® 11:07 AM City Manager LaVerriere, Lori Approved 6/15/2017® 8:30 AM Page 12 of 743 3.C. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: Announce upcoming Town Square Public Input Meetings and Town Square Job Fair. EXPLANATION OF REQUEST: Three Town Square Public Input Meetings have been scheduled as follows: Thursday, August 10 Topic: Playground Thursday, August 17 Topic: Architectural Styles Thursday, August 24 Topic: Open Spaces All meetings will take place at the Boynton Beach City Library from 5:30 p.m. to 7:30 p.m. Flyers for the Public Input Meetings are in the back of the room. On August 22, 2017, there will be a Town Square Job Fair in order for developers to recruit work trades, skilled and unskilled labor forces. The Job Fair will be held at Carolyn Sims Center, 225 NW 12th Avenue. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 13 of 743 Grant Amount: REVIEWERS: Department Reviewer Action Date City Manager Howard, Tim Approved 7/14/2017® 9:48 AM Finance Howard, Tim Approved 7/14/2017® 9:49 AM City Manager LaVerriere, Lori Approved 7/14/2017® 10:05 AM Page 14 of 743 3.D. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: Presentation by John McNally, Director of Information Technology Services, highlighting IT operations for the City. EXPLANATION OF REQUEST: 5-10 minute Powerpoint presentation about the department HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 6/14/2017- 11:47 AM Finance Howard, Tim Approved 6/14/2017- 11:47 AM City Manager LaVerriere, Lori Approved 6/15/2017- 8:40 AM Page 15 of 743 5.A. ADMINISTRATIVE 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student(Stu) and Nonvoting Stu (N/V Stu) openings east: Arts Commission: 1 Alt and 1 Reg Building Board of Adjustments&Appeals: 3 Regs and 2 Alts Community Redev. Agcy Adv. Bd. - 1 Reg Library Bd: 2 Alt Recreation & Parks Bd: 1 Alts Senior Advisory Bd: 2 Alts EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT: Non-budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 16 of 743 ATTACHMENTS: Type Description D Other Appointments D Other Boucard D Other Falco DiCorrado D Other Gomez D Other Moodie REVIEWERS: Department Reviewer Action Date City Clerk Pyle, Judith Approved 3/14/2017® 3:47 PM Page 17 of 743 APPOINTMENTS AND APPLICANTS FOR JULY 18, 2017 Arts Commission III Romelus Alt 1 yr term to 12/17 Tabled (3) IV Casello Reg 3 yr term to 12/17 Applicants Clovis Moodie-Current Alternate requests to be Regular member Building Board of Adjustments and Appeals Mayor Grant Reg 3 yr term to 12/17 Tabled (3) 1 Katz Alt 1 yr term to 12/17 Tabled (3) II McCray Alt 1 yr term to 12/17 Tabled (3) III Romelus Reg 3 yr term to 12/17 Tabled (3) IV Casello Reg 3 yr term to 12/18 Tabled (3) Applicants None Community Redevelopment Agency Advisory Board IV Casello Reg Cindy Falco- DiCorrado- Currently a member of the Arts Commission Library Board IV Casello Alt 2 yr term to 12/17 Tabled (3) Mayor Grant Alt 1 yr term to 12/17 Applicants Robyn Boucard Recreation & Parks Board III Romelus Alt 1 yr term to 12/17 Tabled (2) Applicants None Senior Advisory Board III Romelus Alt 1 yr term to 12/17 Tabled (2) IV Casello Alt 1 yr term to 12/17 Tabled (2) Applicants Jennifer Gomez Page 18 of 743 114 Ellis, Shm�-- From: rbouc4l <noreply@123contactform.com> Sent: Wednesday, June 21, 2017 4:31 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: 2017_Resume_Robyn.docx Today's date 06/21/2017 Name Robyn Boucard Gender Female Phone number 561-543-7262 Address 516 Newlake Drive Boynton Beach FL 33426 United States Email rbouc4l a)aol.com Current occupation ' or, if retired, prior Data Processor II occupation Education Palm Beach Community College -AA /Florida Atlantic University-2years Are you a registered Yes K voter? Do you reside within the Boynton Yes Beach City limits? Do you own/manage a business within No City limits? If"yes", name of business: Are you currently serving on a City No "5.x board? _s Have you served on a City board in the No <z"< past? c: k If"yes",which board(s) and when? Have you ever been convicted of a No crime? If"yes",when and where? i Page 19 of 743 Advisory Board Library Board Personal 1985-2000-Media Clerk I and 11 at Galaxy Elementary School Qualifications I assisted the Media Specialist in the ordering, cataloging, shelving of books, audio- visual equipment and materials ,etc for the students and staff at Galaxy. I was entrusted to manage(teach) the Media Center for the many summer school sessions that were held, as well. Professional Association of Educational Secretaries and Office Professionals (AESOP) Memberships Feel free to attach/upload an wv,,",.123contactform.com/upload dld.php?fiteid=8c8ccfl cdab37128586546ce91407c67 extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 165.161.15.33 (United States)at 2017-06-2115:31:29 on Chrome 54.0.2840.99 Entry ID:225 Referrer:www.boynton-beach.org/officials/library board.php Form Host:www.123contactform,com/form-583214/Advisory-Board-Appointment-Application 2 Page 20 of 743 i Pyle, Judith i From: getting realwithcindy <noreply@123contactform.io> I Sent: Friday, July 07, 2017 2:34 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: Cindy_Falco-_DI_Corrado_Resume.docx Today's date 07/07/2017 Name Cindy Falco - DI Corrado Gender Female Phone number 904-501-3082 Address 316 N.W. 1 st Avenue Boynton Beach Florida 33435 United States Email gettingrealwithcindykhotmail.com Current occupation or, if retired, prior r reelance Floral Designer occupation Education Diploma, Certifications Are you a Yes registered voter? Do you reside within the Boynton Yes Beach City limits? Do you own/manage a Yes business within City limits? If"yes", name of Open Arms and Open Hearts business: Are you currently serving on a City Yes board? Have you served on a City board in the Yes past? If"yes",which Arts Commission Advisory Board board(s) and when? Have you ever been No Page 21 of 743 convicted of a crime? If"yes",when and where? Advisory Board Arts..0-aramisn Personal I feel that I would be an asset to the board with my keen sense of design. I have been Qualifications designing and creating ambiances and atmospheres for the past 40 plus years. I have owned and operated Four Floral and Home decor boutiques. I presently am President of Open Arms and Open Hearts, Ministry, Inc. I currently do Freelance work. I am also working with The Heart Of Boynton Beach to bring Unity in the Community. I plan on living out the rest of my years here in Boynton Beach. I care very much about what is going on in my community. I have put stakes in the ground and have made Boynton my home. I thank you for consideration. Warmest Regards, Cindy Falco-Di Corrado Professional At this time I am not with a professional group like the Chamber of Commerce but I am Memberships affiliated with people in this community. Feel free to attach/upload an www.123contactform,com/gpload dld.php?fileid=2ld001ebl9af62f0470dd65969d2d83e extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.245.217.243 (United States)at 2017-07-07 13:34:13 on Firefox 54.0 Entry ID: 227 Referrer:www.boynton-beach.org/officials/advisory boards.php Form Host:www.123contactform.com/form-583214/Advisory-Board-Appointment-Application 2 Page 22 of 743 Cindy ,Falco- Di Corrado 316 N.W. 1St Avenue Boynton Beach, Florida 33435 904-501-3082 About Me: I have owned and operated my own Floral Boutiques since 1980 in Miami, Deerfield Beach and Sebastian Florida. Floral Designs by Cindy, Cindy's Country Flowers and Gifts, Cindy's Etc. and The Victorian Lady in Sebastian, Florida and have a 503C Ministry: Open Arms and Open Hearts Ministry, Inc. I was able to fulfill a 20 year dream by owning my own Bed and Breakfast/Floral Shop in a Historical Victorian Home. Please see my resume: 2017- Freelance Designer and President of Open Arms and Open Hearts Ministry, Inc. 2012- 2017 Flower Market of Boynton Beach, 387 North Congress Avenue, Boynton Beach, Florida 33426 561-734-4225 Head designer, created motifs to set the ambiance for parties brought to the pallet what a bride could dream 2002-2009-The Victorian Lady- 1309 Louisiana Avenue, Sebastian, Florida Business closed CEO, Designed Weddings, Parties, Events, Floral Artist, Wedding Coordinator, Buyer, Merchandiser, Sales, and tours 1996-2002 Floral Designs by Cindy,The Cove Shopping Center Deerfield Beach, Florida Closed/moved 1993-1996 Private Jet Airlines, Buck head, Ga.Sales, Customer Service, and Marketing closed 1980-1992 Cindy's Flowers and Gifts, Cindy's Country Flowers and Gifts, Cindy's Country Etc. Closed CEO, Floral Artist, Designer, Sales, Marketing, buyer, Wedding Coordinator, Parties, Events, Interior Designer I have been in the Floral design business since I was 16 years of age. And have owned and operated my own shops since 1980. Page 23 of 743 I love making the world a beautiful place to live and to share my skills and talents with those who would like to learn from me. I am what they say a person who Colors the World. May your day be so AMAZING that you too want to CREATE!! Hobbies and Interests: I love to be in the outdoors. Horseback riding, canoeing, dancing, bicycling, roller bladeing, going to the beach, decorating, designing, etc. Titles I hold: President of Open Arms and Open Hearts Ministry, Inc. Ordained Minister Certifications and Licensing: Certification in Biblical Counseling Certification in FTD Management Certification in AFS Floral Design Page 24 of 743 Ellis, Shaxla 5V5 From: jg <noreply@123contactform.io> Sent: Thursday, July 13, 2017 12:27 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 07/13/2017 Name Jennifer Gomez Gender Female Phone number 561-577-6136 Address 3221 Chapel Hill Blvd. Boynton Beach FL 33435 United States Email (ajennifergomez.com Current occupation or, if Elder Law Attorney retired, prior occupation Education J.D Nova Southeastern University 2010, B.A. University of Florida 2007, Atlantic High School 2005 Are you a registered voter? Yes Y; Do you reside within the Yes Boynton Beach City limits? Do you own/manage a No business within City limits? If"yes", name of business: Are you currently serving No on a City board? q � Have you served on a City No board in the past? , If"yes",which board(s) and when? Have you ever been No convicted of a crime? If"yes",when and where? Advisory Board Senior Advisory Board Personal Qualifications I am a 19 year resident of Boynton Beach and a native Floridian. I have spent my entire career helping seniors as an Elder Law and Estate Planning attorney. Information about my law firm can be viewed at www.jennifergomez.com. Professional Memberships Attorney Licensed in Florida and New York, Legal Aid Volunteer Attorney, The i Page 25 of 743 Florida Bar Speakers Bureau Lecturer, Tomorrow's Rainbow Bereavement Counselor Feel free to attach/upload an extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 76.108.69.221 (United States) at 2017-07-13 11:27:02 on Chrome 59.0.3071.115 Entry ID: 229 Referrer:www,boVnton-beach.org/officials/advisory boards.php Form Host:www.123contactform.com/form-583214/Advisory-Board-Appointment-Application 2 Page 26 of 743 Ili , From: mcarv05 <noreply@123contactform.com> Sent: Thursday, January 12, 2017 11:48 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 01/12/2017 Name Clovis Moodie Gender Female Phone number 561-601-9492 Address 3638 SE 2nd St Boynton Beach 33435 United States Email mcarv05 kbellsouth.net Current occupation or, if Retired educator retired, prior occupation 4 Education Masters - Education Leadership Are you a registered voter? Yes Do you reside within the Boynton Beach City limits? YesO , Do you own/manage a R business within City limits? NO r If"yes", name of business: Are you currently serving No on a City board? Have you served on a City No board in the past? If"yes",which board(s) and when? Have you ever been No convicted of a crime? If"yes",when and where? Advisory Board Arts Commission Personal Qualifications Interest in Boynton Interest in art Appreciation of art Professional Memberships National Education Association Zeta Phi Beta Sorority, Inc i Page 27 of 743 Zeta Pearl Foundation, Inc. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 172.9.216.176(United States) at 2017-01-12 23:47:47 on Wad 10.0 Entry ID: 199 2 Page 28 of 743 5.B. ADMINISTRATIVE 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: Authorize Commissioner Romelus to travel to Orlando for Florida League of Cities Committee Meetings through September 30, 2017: EXPLANATION OF REQUEST: Commissioner Romelus has been appointed as a member of a Florida League of Cities Policy Committee. The Commissioner will need to travel to Orlando every few months for committee meetings and may incur costs associated with these meetings such as hotel, travel, meal allowances. Hotel is $119 per night, for two nights, meetings are from 10:00am- 3:00pm Estimated costs in addition to hotel would approximately $225 per trip In accordance with Resolution R07-150, establishing the travel policy for the City Commission, the City Commission by a majority of its members shall approve travel for each member of the City Commission. (Resolution attached) HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted Hotel/Travel costs estimated at$465 per meeting. Funds were included in the approved FY16/17 budget for commission travel under account 001-1110-511-40- 12. ALTERNATIVES: Do not authorize travel for the Commissioner. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 29 of 743 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment City Commission Travel Policy REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 7/14/2017® 12:13 PM Finance Howard, Tim Approved 7/14/2017® 2:39 PM City Manager LaVerriere, Lori Approved 7/14/2017® 3:52 PM Page 30 of 743 1 1 1 RESOLUTION NO. R 07- 15� 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, 5 ESTABLISHING A TRAVEL POLICY; RESCINDING 6 ALL PREVIOUS RESOLUTIONS AND POLICIES 7 GOVERNING TRAVEL BY THE CITY COMMISSION; 8 AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach desires to establish 11 a travel policy to provide for an administrative process by which each member of the 12 Commission would obtain concurrence of a majority of the members of the City Commission 13 for approval of travel expenditures; and 14 WHEREAS, passage of this Resolution will rescind all previous Resolutions and 15 policies governing travel by the City Commission; 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 17 THE CITY OF BOYNTON BEACH, FLORIDA,THAT: 18 Section 1. The foregoing "WHEREAS" clauses are true and correct and 19 hereby ratified and confirmed by the City Commission 20 Section 2. That the City Commission of the City of Boynton Beach does hereby 21 establish a Travel Policy, a copy of which is attached hereto as Exhibit"A". 22 Section 3. That any and all previous Resolutions and/or Policies governing travel 23 are rescinded. 24 Section 4. That this Resolution will become effective immediately upon passage. SACA\RESO\Commission Travel Policy.doc 12/3/07 Page 31 of 743 it 1 PASSED AND ADOPTED this 18 day of December, 2007. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 or—Je aylo 7 8 !, 9 Vice M r—J odli ez 10 11 • 12 Commis'�sioner—Ronald Wei an 13 14 c 15 Commissioner—Woo . Hay 167 18 Commissioner—Marlene Ross 19 ATTEST: 20 21 p � . 22 ol 23 Jaiiph M. Prainito, CMC 24 y Clerk 25 26 27 28 (C Sear 29 30 SACA\RESO\Commission Travel Policy.doc 12/3/07 Page 32 of 743 City of Boynton Beach City Commission TRAVEL POLICY Approved travel must adhere to the following guidelines in order to be paid by the City of Boynton Beach: A. Prior to Travel: 1 . Complete Conference & Travel Request form and submit for approval. 2. All travel by City Commission Members must be approved in advance by the City Commission. B. Registration: 1. Complete conference registration forms. 2. Submit conference form for payment in advance if necessary. 3. Attach a copy of the registration form with the request for payment to Finance department. 4. Request per diem fee in advance (subtract all conference meals covered by registration fee). C. Upon completion of Travel: 1. Complete the Travel Expense Report for out-of-pocket expenses. 2. Attach all credit card receipts and other receipts to the expense report for payment or reimbursement. 3. Failure to include credit card receipts will be charged to the member personally. D. Travel Approvals: • City Commission Members travel shall be approved in advance by the City Commission at a regularly scheduled meeting. • The City Finance Director must sign off on travel form to confirm funds availability in the budget. • The City Manager must sign off prior to City Commission Agenda submittal. • Travel expenses are only reimbursable with receipts and are not automatic. • No PERSONAL items may be charged to the Agency. E. Travel Restrictions: • Per Diem payments shall be paid ONLY for class "A" travel, or travel outside the local area. Local area is defined as 50 miles or more from the Boynton Beach City Hall. • Mileage reimbursement rate is $.485 per mile per IRS and City. • If a spouse is to attend all related expenses shall be paid by the employee, and all receipts MUST be separate. The City WILL NOT pay for any spouse or child costs associated with any conference. All such costs will be paid by the member separately. • Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Page 33 of 743 City of Boynton Beach City Commission Gt�IVFE�t���E=�&°�'�tA1����F�ECt' ��►T Date of Request: 2008 City Commission Member Attending: Conference Name: Conference Location: Conference Purpose: Account to Charge: Dates of Travel & Attendance: to 2008 Cost of Conference: $ Cost of Travel: $ Cost of Lodging: $ Cost of Car Rental: $ Cost of Per Diem: $ ---------------- ---------------- TOTAL Approved by Finance Director: Date Approved by City Manager: Date NOTE: City Commission travel requests must be approved in advance at a regularly scheduled meeting of the City Commission. Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Please submit a conference agenda with this request. Please subtract all meals provided for by conference attendance fee. Page 34 of 743 6.A. CONSENTAGENDA 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-062 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. EXPLANATION OF REQUEST: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list contains the addresses of properties cited by Community Standards for nuisances abated by a City- contracted vendor. Finance sent an invoice to each property owner. There was no response within the required 30-day period. Copies of the invoices were then forwarded to the City Clerk's Office for continuation of the procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to pay the invoice within an additional 30-day period. The attached list contains the names of the property owners who have still not responded to our correspondence. At this point in the procedure, authorization is requested to record liens against these properties in the public records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the City Clerk will send another letter to each property owner notifying them they have another 30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of$30 will be added to the assessment when the Resolution is sent to the County for recording. Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: This process allows us to place liens on the properties in order to reimburse the City for the services that were provided when the nuisances were abated. ALTERNATIVES: The alternative would be to not place liens on the properties and not collect for the service provided. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 35 of 743 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Nuisance Abatement D Exhibit Exhibit A REVIEWERS: Department Reviewer Action Date City Clerk Pyle, Judith Approved 7/13/2017® 5:17 PM Legal Swanson, Lynn Approved 7/14/2017® 11:00 AM Finance Howard, Tim Approved 7/14/2017® 11:45 AM City Manager LaVerriere, Lori Approved 7/14/2017® 1:30 PM Page 36 of 743 1 RESOLUTION NO. R17- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA ASSESSING THE COSTS OF 5 ABATEMENT OF CERTAIN NUISANCES 6 AGAINST THE OWNERS OF THE PROPERTIES 7 INVOLVED; AND PROVIDING AN EFFECTIVE 8 DATE. 9 10 11 12 WHEREAS, a contract vendor was requested by Code Compliance to mow the lots, 13 remove vegetation and board up structures on the properties, described in Exhibit"A"; and 14 15 WHEREAS, the owners of the parcel(s) of property hereinafter described were 16 invoiced by the Finance Department in an effort to recoup these costs with no response; and 17 18 WHEREAS, said nuisance was not abated as required; and, 19 20 WHEREAS, all of the property owners listed in the attached Exhibit "A" were sent 21 letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien 22 on their property; and 23 24 WHEREAS, the City Manager or her authorized representative has made a report of 25 costs actually incurred by the City and abatement of said nuisance as to the property(s) 26 involved, which is described in Exhibit"A" attached to this Resolution; and 27 28 WHEREAS, upon passage of this Resolution, the property owners will be furnished 29 with a copy of this Resolution, and given one more opportunity to remit all costs associated 30 with the abatement in full within 30 days of the passage of the Resolution, before transmittal 31 to the County for recordation of Liens; and 32 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 35 THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: 36 37 Section 1: Each Whereas clause set forth above is true and correct and 38 incorporated herein by this reference. 39 40 Section 2: The amount of costs incurred by the City and the abatement of the 41 above-described nuisance as to the parcels of land, owned and indicated to wit: 42 43 44 SEE ATTACHED EXHIBIT "A" 45 46 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\89825AA5-6AF1-456E-B5BF-4A9B20437B7B\Boynton Beach.6002.1.Nuisance Abatement for 071817 - Reso.doc Page 37 of 743 47 Subject amount is hereby assessed as liens against said parcels of land as 48 indicated, plus an additional administrative charge of $30.00 for each Lien. 49 Liens shall be of equal dignity with the taxes there from for the year 2017, and 50 shall be enforced and collected in like manner pursuant to applicable 51 provisions of law. In the event collection proceedings are necessary, the 52 property owner shall pay all costs of the proceedings, including reasonable 53 attorneys fees. 54 55 Section 3. This Resolution shall become effective immediately upon passage. 56 57 58 PASSED AND ADOPTED this day of , 2017. 59 CITY OF BOYNTON BEACH, FLORIDA 60 61 YES NO 62 63 Mayor— Steven B. Grant 64 65 Vice Mayor—Justin Katz 66 67 Commissioner—Mack McCray 68 69 Commissioner—Christina L. Romelus 70 71 Commissioner—Joe Casello 72 73 74 VOTE 75 ATTEST: 76 77 78 Judith A. Pyle, CMC 79 City Clerk 80 81 82 (Corporate Seal) 83 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\89825AA5-6AF1-456E-B5BF-4A9B20437B7B\Boynton Beach.6002.1.Nuisance Abatement for 071817 - Reso.doc Page 38 of 743 CF) co +' O 0000Ch O '0 00 3 N O O � Ln Q ++ Ol Ol f6 OJ r_ O 00 O u 3 0) O m O C E � Q a � m rl M U l0 Il C7 rn O O c-I N � O O O O rn M CY) a o 0 N Ob Ob N l0 (6 M ci a M M O O U) M �t U1 M M Q M �t M M 00 u = U L.L f0 LU cu u m fo V1 C N V1 O 00 O O > O O 40 'a Q 00 j N O > 00 Q L/) t N +J 4� N Z M O 00 LD O � c-I c-I co C t O C Ca U N OJ C E O MN Z -(7,Ln _ co E a,o � J N L Q W C U cu u U 0 1 6.B. CONSENTAGENDA 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: Approve an increase to blanket purchase order to Sunbelt Hydraulic and Equipment from$30,000 to $50,000 as a sole source vendor. EXPLANATION OF REQUEST: The Public Works/Fleet Maintenance Division currently has a blanket purchase order (PO#170492) in the amount of$30,000.00. Sunbelt Hydraulics is the sole source regional factory authorized dealer and repair center for Heil products (see attached sole source letter). The automated trucks used in the Solid Waste Division consist of Heil manufactured waste haul bodies. The services for this vendor are used on an as needed basis. For budgetary reasons in FY09/10 the replacement plan for the Heil style vehicles was changed from 5 years to 7 years. We are now realizing that due to the increasing age of our fleet the solid waste division is now having an increased cost of maintaining these specialized units. Staff has exhausted most of the $30,000 of the blanket and is anticipating the need for additional funding for future repairs. For comparative purposes the following is the expenditures of repairs for the past two budge cycles: FY16/17 = $28,683 (to date) FY15/16 = $29,374 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Choosing not to increase funding for these repairs will increase our repair time (in-house resources) and possibly risk or impair our ability to provide solid waste services in a timely and efficient manner. FISCAL IMPACT: Budgeted Funding is budgeted for repairs in FY16/17 through the 501-5000-590-09-82 charge back account. ALTERNATIVES: Newer vehicles are on order for deliver within the next several months. This will reduce maintenance costs in subsequent fiscal years. STRATEGIC PLAN: Positive and Exciting Boynton Beach Image: "Curb appeal' to Reputation STRATEGIC PLAN APPLICATION: If the Solid Waste Division has the trucks and equipment readily available to pick up the garbage and recycling throughout the City it would alleviate having trash all over the City streets and neighborhoods. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 40 of 743 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Sunbelt Hydraulics & Equipment START DATE: END DATE: CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: This is a sole source vendor and is the only vendor available to work on the Heil style vehicles. ATTACHMENTS: Type Description D Addendum Sunbelt Hydraulic & Equipment® Sole Source Letter REVIEWERS: Department Reviewer Action Date Public Works Livergood, Jeffrey Approved 7/13/2017® 10:24 AM Finance Howard, Tim Approved 7/13/2017® 5:38 PM Legal Swanson, Lynn Approved 7/14/2017® 9:10 AM City Manager LaVerriere, Lori Approved 7/14/2017® 9:46 AM Page 41 of 743 ` nvitrh `r ` r Carr ' lut Join Group , .,� lr v, Y 2t', 70 VMS R Noy Ancaever, 'I,, P!.a iz'S;a e b1r, "�'.�,uk,k'i:k i NA01 i.m lll.. 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CONSENTAGENDA 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: Authorize the City manager to sign a "Letter of No Objection" for the abandonment of specific existing utility easement within the Flavor Pict Townhomes Plat as recorded in Plat Book 121 Pages 193- 201. The Owner/developer intends to re-plat this section of the development. The developer will re-dedicate City of Boynton Beach Utility easements associated with the re-platting of this Townhome Development. EXPLANATION OF REQUEST: The construction of Phase 11 Flavor Pict Townhome development will be adjacent and contiguous to the east side of the Phase I development located on Flavor Pict Road. The developer is currently working with Palm Beach County to Re-plat this development to incorporate Phase I I (see attached). The City of Boynton Beach currently has utility easements within the area of the development to be re-platted. Palm Beach County has requested that the developer obtain a "Letter of No Objection" from City of Boynton Beach of its Utility Easement described in the sketch and legal description. The developer as part of the development review and re-platting process will agree to grant the needed City of Boynton Beach utility easements on Phase I I similar to what was dedicated on the Phase I development. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no adverse impact on City services. Currently existing water and sewer mains are within the public right of way and not in the subject easement. Upon abandonment of the easement, City of Boynton Beach Utility easements will be recorded on Phase I I Flavor Pict Townhome property for the future operation and maintenance of City owned utilities. FISCAL IMPACT: There is no fiscal impact to the City. ALTERNATIVES: Deny the request for abandonment of the easement, impacting future Phase I I re platting and development. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Page 43 of 743 Grant Amount: ATTACHMENTS: Type Description D Addendum Letter of No Objection D Addendum Easement legal and sketch D Addendum As built water &sewer plan REVIEWERS: Department Reviewer Action Date Utilities Groff, Colin Approved 7/13/2017® 8:41 AM Assistant City Manager Groff, Colin Approved 7/13/2017® 8:42 AM City Manager LaVerriere, Lori Approved 7/14/2017® 9:35 AM Page 44 of 743 June 7, 2017 urban dlesign City of Boynton Beach Utilities kilday 124 East Woolbright Road S T U D 10 S Boynton Beach, Florida 33435-6040 Attn: Mr. Christopher Roschek, Manager of Engineering Urban Planning and Design VIA E-MAIL RoschekC Landscape Architecture Communication Graphics RE: Utility Easement Release— Flavor Pict Townhomes PUD Dear Mr. Roschek: Please consider this letter our request for a LETTER OF NO OBJECTION to the abandonment of the public's interest in a Utility Easement within Flavor Pict Townhomes PUD in Palm Beach County, Plat Book 121, Pages 193-201. Flavor Pict Townhomes PUD is located on the south side of Flavor Pict Road, west of Military Trail in Unincorporated Palm Beach County. The site plan has been amended to add additional land to the PUD. The additional land will result in the project being replatted and a portion of utility easement will need to be abandoned to allow for the redesign. The townhomes in this area of the site have not been constructed. A sketch showing the location of the easement is attached. The property control numbers for the affect parcels are: 00-42-46-02-27-000-0240 through 00-42-46-02-27-000-0370 and 00-42-46- 02-27-019-0000. If you have no objections, please indicate your consent by signature below and return this letter in the enclosed envelope or by e-mail to wtuma(o)udkstudios.com. If you have any questions or comments or if I may be of further assistance, please contact me at 561-366-1100. Thank you for your assistance in this matter. I look forward to hearing from you shortly. Sincerely, URBAN DESIGN KILDAY STUDIOS City of Boynton Beach Utilities has no objection to the abandonment. By: Wendy Tuma Print Name: Principal / Project Manager Agent for Petitioner Title: Enc. 610 Clematis Street Suite CU02 West Palm Beach, FL 33401 H:\JOBS\Flavor Pict Properties_14-015\Lennar_Ph 11 DD_.004\Documents\Applications\Easement 561.366.1100 561.366.1111 fax Releases\Utility Companies\City of Boynton Beach Utilities No Objection letter form.docx www.udkstudios.com LCC000035 Page 4b of 14 DESCRIPTION: ALL OF THOSE CERTAIN UTILITY EASEMENTS LYING WITHIN LOTS 24 THROUGH 37, FLAVOR PICT TOWNHOMES PUD, AS RECORDED IN PLAT BOOK 121, PAGES 193 THROUGH 201 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LANDS SITUATE IN SECTION 2, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA. NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS ARE RELATIVE TO A GRID BEARING OF S.89`13'55"W. ALONG THE SOUTH LINE OF FLAVOR PICT TOWNHOMES PUD, AS RECORDED IN PLAT BOOK 121, PAGES 193 THROUGH 201 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, RELATIVE TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (1990 ADJUSTMENT), THIS IS CONSISTENT WITH THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 2, TOWNSHIP 46 SOUTH, RANGE 42 EAST HAVING A GRID BEARING OF S.89`13'55"W. 4. COORDINATES SHOWN HEREON ARE RELATIVE TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (90/98 ADJUSTMENT) IN U.S. SURVEY FEET. 5. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 6. THE SPECIFIC PURPOSE OF THIS SURVEY IS TO DELINEATE IMPROVEMENTS WITHIN THE HEREON DESCRIBED PROPERTY. THIS IS NOT A BOUNDARY SURVEY. 7. ON THE DATE OF THIS SURVEY THERE WERE NO IMPROVEMENTS WITHIN THE HEREON DESCRIBED PROPERTY. 8. BEARINGS AND DISTANCES SHOWN HEREON ARE IN AGREEMENT WITH THE INSTRUMENT OF RECORD. CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF SPECIFIC PURPOSE SURVEY OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON JUNE 20, 2017. I FURTHER CERTIFY THAT THIS SPECIFIC PURPOSE SURVEY MEETS THE STANDARDS OF PRACTICE SET FORTH IN CHAPTER 5J-17 F.A.C., ADOPTED BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027. SHEET 1 OF 3 CAULFIELD & WHEELER, INC. DATE 6/201/7 CIVIL ENGINEERING LANDSCAPE ARCHITECTURE - SURVEYING �t 7900 GLADES ROAD - SUITE 100 DRAWN BY JC BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (561)-750-1452 DAVID P. LINDLEY F.B./ PG. N/A REGISTERED LAND FLAVOR PICT TOVMHOMES PUD SURVEYOR NO. 5005 SCALE AS SHOWN UTILITY EASEMENT ABANDONMENTS STATE OF FLORIDA SPECIFIC PURPOSE SURVEY L.B. 3591 JOB 6 - WOOLBRIGHT ROAD NORTH LOCATION MAP NOT TO SCALE FLAVOR PICT ROAD Q ry Q fro PROJECT -gam LOCATION U U= U D W Z Q ATLANTIC AVE. NOTES COORDINATES, BEARINGS AND DISTANCES COORDINATES SHOWN ARE GRID DATUM = NAD 83 1990 ADJUSTMENT ZONE = FLORIDA EAST LINEAR UNIT = US SURVEY FEET COORDINATE SYSTEM 1983 STATE PLANE TRANSVERSE MERCATOR PROJECTION ALL DISTANCES ARE GROUND SCALE FACTOR = 1.0000339 GROUND DISTANCE X SCALE FACTOR = GRID DISTANCE BEARINGS AS SHOWN HEREON ARE GRID DATUM, NAD 83 1990 ADJUSTMENT, FLORIDA EAST ZONE. LEGEND/ABBREVIATIONS - CENTERLINE - DELTA (CENTRAL ANGLE) CB - CHORD BEARING CD - CHORD DISTANCE DE - DRAINAGE EASEMENT E - EASTING (WHEN USED WITH COORDINATES) L - ARC LENGTH LB - LICENSED BUSINESS LMAE - LAKE MAINTENANCE ACCESS EASEMENT LME - LAKE MAINTENANCE EASEMENT N - NORTHING (WHEN USED WITH COORDINATES) R - RADIUS UE - UTILITY EASEMENT ■ PRM - DENOTES PERMANENT REFERENCE MONUMENT 4"x 4"X 24" CONCRETE MONUMENT WITH ALUMINUM DISK STAMPED "C&W PRM LB3591" SHEET 2 OF 3 CAULFIELD & WHEELER, INC. DATE 6/201/7 CIVIL ENGINEERING LANDSCAPE ARCHITECTURE - SURVEYING �t 7900 GLADES ROAD - SUITE 100 DRAWN BY JC BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (561)-750-1452 F.B./ PG. N/A FLAVOR PICT TOWNHOMES PUD SCALE AS SHOWN UTILITY EASEMENT ABANDONMENTS SPECIFIC PURPOSE SURVEY JOB 6 - W W p pw M O0 Np p r)O TRACT OS-5 O� O N w in 3 O o coo coi co war,0) o 3 Lv �. a- LoO- w O �rnwp Q.. 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DATE 6/201L7 CIVIL ENGINEERING LANDSCAPE ARCHITECTURE - SURVEYING DRAWN BY ic 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (561)-750-1452 F.B./ PG. N/A FLAVOR PICT TOWNHOMES PUID SCALE AS SHOWN U71UTY EASEMENT ABANDONMENTS SPECIFIC PURPOSE SURVEY JOB NO.6675-ABAN3 6.D. CONSENTAGENDA 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: Legal Expenses- June 2017- Information at the request of the City Commission. No action required. EXPLANATION OF REQUEST: Outside counsel has not provided their June 2017 statements to Risk Management and therefore their May 2017 invoices (most recent) are attached. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 52 of 743 ATTACHMENTS: Type Description D Attachment Summary Goren-General June 2017 D Attachment Goren Cherof Doody & Ezrol June 2017 1 nvoices D Attachment Summary Goren-Risk June 2017 D Attachment Goren Cherof Doody & Ezrol June 2017 Risk Litigation Oversight I nvoices D Attachment Outside Counsel-Risk May 2017 D Attachment Other Counsel May 2017 Risk Litigation I nvoices REVIEWERS: Department Reviewer Action Date Legal Swanson, Lynn Approved 7/11/2017- 4:19 PM Finance Howard, Tim Approved 7/13/2017- 10:34 AM City Manager LaVerriere, Lori Approved 7/14/2017- 9:33 AM Page 53 of 743 Goren, Cherof, Doody& Ezrol, P.A. -June 2017 General Legal Costs Retainer-General Matters onsite office hours agenda item review pre-mtg commissioner mtgs commission mtg followup commission mtg contract review, code issues group homes, NOI research 158.4 Hours 16,165.84 Labor-general 3,595.20 Red light camera 8,139.90 Special Fire Assessment 799.50 Thompson, Morris Kent 39.00 Exec Est of BB Homeowners(Dwork,Jonathan) 117.00 Litigation 5,694.00 Model Block Right of Way 477.60 Chandler, Nancy (RIC MAN) 0.00 Rodrigues,Louis IA 39.00 Wauchope, Rohan vs HSBS Bank USA 0.00 Donastor,Murat v JP Morgan 0.00 Howell,Jeanette vs. Deutsche Bank 39.00 Jackson, Avian M (Forfeiture) 956.05 Cleveland, Darren (FNMA) 0.00 Wells Fargo Bank(RHA2, LLC) 39.00 White,Jack, Bank of NY 0.00 Freedom Mtg Corp (Price, Perry) 39.00 Seminole Lakes Homeowners (IH4 Prop) 39.00 Secured Holdings 41.10 FNMA(Moskoff, Eric) 97.50 Bock, Sharon as Clerk&Comptroller PBC 936.00 Estate of Hazel Clemmons,James Nutter Co. 78.00 HUD Housing Discrimination 5,148.00 COBB s/t Habitat for Humanity 78.00 Lewis, Longman &Walker (Robinson, Nathaniel) 1,248.00 Town Square 13,787.25 Nationstar Mtg (McBride, Cheryl) 97.50 U.S. Bank Trust(Luoto, Kaija) 468.00 US Bank Natl Assoc(Maxi, Kinson) 97.50 Prime Property of PB (Peterson, Steven) 253.50 Deutsche Bank Natl Trust (GMAC) 292.50 TOTAL General Legal Costs-June 2017 58,801.94 Page 54 of 743 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone(964)7714500 Page. 1 CITY OF BOYNTON BEACH 07/0312017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9001821 Boynton Beach FL 33425 STATEMENT NO: 15822 Attn: Lynn Swanson General Matters Photocopies 182.70 TOTAL EXPENSES THRU 06/30/2017 182.70 TOTAL CURRENT WORK 182.70 BALANCE DUE $182.70 .............. AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 55 of 743 GOREN, CHEROF, DOODY&EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07103/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0806020 Boynton Beach FL 33425 STATEMENT NO: 15821 Attn: Lynn Swanson Red Light Cameras HOURS 04/19/2017 SHB Receive and review objections filed by Hollander. Prepare and file notices of intent to rely on business records for use at trial. 2.20 04120/2017 SHB Prepare and file notices of intent to rely on business records for use at trial. Receive and review objections filed by Hollander. 3.00 04121/2017 SHB Receive and review objections filed by Hollander. Follow up with PD and staff re: case processing. Prepare and file notices of intent to rely on business records for use at trial. Prepare and file dismissal pursuant to settlement agreement. Receive and review various pleadings and appearance notices from defense counsel; forward to PD for review. 4.00 04/25/2017 SHB Receive and review notices filed by Hollander and Jacquet. Prepare and file notices of intent to rely on business records for use at trial. 3.40 04/26/2017 SHB Follow up with PD re: outstanding program wrap-up and hearing matters. 0.70 04/27/2017 SHB Follow up with PD re: local hearings and program wrap-up matters. Prepare and file notices of intent to rely on business records for use at trial. 5.40 FOR CURRENT SERVICES RENDERED 18.70 3,646.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 18.70 $195.00 $3,646.50 TOTAL CURRENT WORK 3,646.50 BALANCE DUE $3,646.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 56 of 743 GORE , CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone(954) 7714500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0005370 Boynton Beach FL 33425 STATEMENT NO: 15823 Attn: Lynn Swanson Special Fire Assessment HOURS 06/05/2017 MDC Confer with JAC, phone conference with Sandi Malgarejo at GSG re: assessment rates. 0.40 06/06/2017 MDC Review materials, prepare assessment memo per JAC. 0.90 06/15/2017 JAC Review re: rate revision and process; conference with MC; research comp rate formula. 0.70 06/16/2017 MDC Review emails and materials; prepare preliminary resolution. 1.10 06/23/2017 MDC Revise preliminary resolution, email Tim Howard on status of assessment. 0.40 06/26/2017 MDC Meet with JAC, review schedule for public hearing and notices; revise preliminary resolution. 0.60 FOR CURRENT SERVICES RENDERED 4.10 799.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.70 $195.00 $136.50 MICHAEL D. CI LL 3.40 195.00 663.00 TOTAL CURRENT WORK 799.50 BALANCE DUE $799.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 57 of 743 GOREN, CHEROF, DOODY&EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone(954)771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0603180 Boynton Beach FL 33425 STATEMENT NO: 15824 Attn: Lynn Swanson LABOR-General HOURS 06/02/2017 SHB Discuss pending matters with JAC. Meeting at City Hall with Oldbury re: grievance tracking software setup. 5.50 06/07/2017 SHB Review Sagel pre-d documents and follow up with Oldbury. 1.00 06/09/2017 SHB Follow up re: Rodriguez pre-d matters. 0.30 06/19/2017 SHB Various correspondence re: Sagel pre-d matters. 0.30 06/20/2017 SHB Receive and review pre-d package for Mulheisen. Discuss Hagel discipline matters with Oldbury.Attend pre-d for Francisco Rodriguez. 4.20 06/21/2017 SHB Follow up re: Sagel pre-d matters; telephone conference with Miller. Review Mulheisen discipline documents. 2.00 06/2212017 SHB Various correspondence with Oldbury re: Sagel pre-d matters. Complete review of Mulheisen discipline documents and transmit to Oldbury and Katz. 2.00 06/23/2017 SHB Receive and review case law; discuss with JAC. Follow up with HR re: Heidi Sagel matters. 0.70 06/26/2017 SHB Attend Sagel pre-d; discuss investigation matters with Oldbury. 1.00 06/27/2017 SHB Receive and review written statement from Sage[. 0.30 SHB Follow up re: status of Finney criminal case. 0.20 FOR CURRENT SERVICES RENDERED 17.50 3,412.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIN 17.60 $195.00 $3,412.50 TOTAL CURRENT WORK 3,412.50 BALANCE DUE $3,412.50 Page 58 of 743 Page: 2 CITY OF BOYNTON BEACH 07/03/2017 ACCOUNT NO: 306-0603180 STATEMENT NO: 15824 LABOR-General AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 59 of 743 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone(9 54)771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0806020 Boynton Beach FL 33425 STATEMENT NO: 15825 Attn: Lynn Swanson Red Light Cameras HOURS 06/02/2017 SHB Receive and review notice of payment of$50 settlement;follow up with City. Prepare and file notices of intent to rely on business records for use at trial. 1.00 06/05/2017 SHB Receive and review 27 continuance notices filed by Jacquet. 0.60 06/06/2017 SHB Prepare and file notices of intent to rely on business records for use at trial. 1.40 06/07/2017 SHB Receive and begin review of transcript from 4-5-17 trials. Telephone conference with Denise Palm Beach County Clerk's office re: Judge Damico hearings. Receive and review hearing notices. Follow up with officers. 1.00 06/08/2017 SHB Follow up with Hawkins re: upcoming trials. Prepare and file notices of intent to rely on business records for use at trial. 0.60 06/09/2017 SHB Prep for upcoming Damico hearing; follow up with PDre. paid settlements. Receive and review order on motion for hearing and notice of hearing for Elien;transmit to PD. 1.00 06113/2017 SHB Telephone conference with attorney J.T. Hagans re: Damico plea matters. Correspondence with attorney Laramie C. Thompson re: $50 settlement matters. Prep for 6/14 Damico hearing. 1.00 06/14/2017 SHB Attend red light hearings with Judge Damico. Follow up with staff re: upcoming hearings and settlement payments. 3.60 06115/2017 SHB Follow up with officers re: additional$50 settlement payments received. Prepare and file notices of intent to rely on business records for use at trial. 1.50 06/16/2017 SHB Prepare and file notices of intent to rely on business records for use at trial. 3.50 06/19/2017 SHB Prepare and file notices of intent to rely on business records for use at trial. Follow up re:Varonis and Microsoft OneDrive functionality. 0.60 06/20/2017 SHB Prepare and file notices of intent to rely on business records for use at trial. Follow up re: $50 settlement payments. 1.50 06/21/2017 SHB Review status of pending trials and upcoming local hearings. Follow up with Page 60 of 743 Page: 2 CITY OF BOYTON BEACH 07103/2017 ACCOUNT NO: 306-0806020 STATEMENT NO: 15825 Red Light Cameras HOURS Petriello re: final local hearings. Prepare and file notices of intent to rely on business records for use at trial. 0.60 06/22/2017 SHB Receive and review Order on motion to vacate; transmit to officers. 0.20 0612312017 SHB Prepare and file notices of intent to rely on business records for use at trial. 1.70 06/26/2017 JAC Review program status and pending case status. 0.60 06/28/2017 SHB Prepare and file notices of intent to rely on business records for use at trial. 1.50 06/30/2017 SHB Prepare and file notices of intent to rely on business records for use at trial. 1.10 FOR CURRENT SERVICES RENDERED 23.00 4,485.00 RECAPITULATION TIMEKEEPER U LY RATE TOTAL JAMESA. CHEROF 0. $196.00 $117.00 SHANA H. BRIDGEMAN22.40 195.00 4,368.00 Calor photocopies 2.45 Photocopies 5.95 TOTAL EXPENSES THRU 06/30/2017 8.40 TOTAL CURRENT WORK 4,493.40 BALANCE DUE $4,493.40 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 61 of 743 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone(954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07103/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9001821 Boynton Beach FL 33425 STATEMENT NO: 15826 Attn: Lynn Swanson General Matters HOURS 06/0112017 FLN Met with Jim Cherof to discuss utility bill issues at property located at 130 SE 14th avenue; continued review of relevant law in this matter; continued review of Briny Breeze parking enforcement matter, including review of case law. 1.40 SHB Follow up with Coles-Dobay re: artist agreement. Review and finalize chronic nuisance cost ordinance. 1.00 06/02/2017 FLN Discussed utility lien issue at property located at 130 SE 14th avenue with Tracey DeCarlo; continue researching issues as it relates to the City's position; pursuant to Mary Degraffenreidt's request, sent a copy of City's agmt with Maximum Bands to her. 3.00 SHB Discuss pending matters with JAC. Review PRR inquiry from Clerk's office. Review Commission agenda. 0.70 JAC Budget preparation; review comps and ledgers re: litigation and retainer costs; conference with S13 re: pending matters; review agenda and prepare for meeting; review records request and CAO procedure re: same; review code release options re: attorney demand; on site office administration; review vendor preference with TH. 6.80 BJS Review and Revise Drug Destruction Petition 0.50 06/05/2017 FLN Finalized preparation for TIC with attorney John Herin re: utility lien on property located at 130 SE 14th Ave; discussed with Jim Cherof prior to call; TIC with Barb Conboy prior to call; TIC with John Herin and sent follow-up email to Barb after the call and to Vestiguerne Pierre to inquire and gather additional information before presenting matter to City Manager. 3.00 SHB Follow up with Coles-Dobay re: artist agreements. Follow up with Pyle re-. PRR confidentiality matters. Receive, review, and revise Ride Time agreement; follow up with City staff. Review lien matters re: case no. 13-2093; follow up with staff. 3.50 JAC On site; staff meeting and office administration; review convenience fee issue. 5.20 06/06/2017 SHB Meeting with JAC, Rumpf, and Mack re: group homes ordinance. Meeting with JAC,Woods, and counsel on behalf of cases 15-785 and 15-958 re: code violation resolution matters.Attended City Commission Meeting. 6.50 JAC On site; prepare for and attend Commission meeting; conference re: group home; conference re: lien/code reductions. 8.50 Page 62 of 743 Page: 2 CITY OF BOYNTON BEACH 0710312017 ACCOUNT NO: 306-9001821 STATEMENT NO: 15826 General Matters HOURS 06/07/2017 FLN Handled additional research re: City's Interlocal Agmt with Briny Breeze on law enforcement services before advising police staff on matter. 1.30 SHB Code:follow up re: various code lien matters. Receive and review Klaus Gomes notice of hearing. Review court docket and jail information; prepare and file nolle prosse. 1.50 JAC Meeting follow up; contract review. 4.40 06/08/2017 FLN Reviewed information on status of property located at 130 SE 14th Avenue received from Vestiguerne Pierre; TIC with Pierre; Email to John Herin re: status of property; TIC with Mary Degraffenreidt re: gift/ethics question, researched issue and discussed with Jacob Horowitz. 2.40 DNT Telephone call with Jeff Livergood re: Palmer Road ownership and annexation; review property information re: Palmer Road. 0.50 JAC On site; review assignments and meeting follow up. 2.10 06/09/2017 FLN Reviewed email update from John Herin re: status of property; replied to John and followed up on John's email with Community Standards staff; TIC with Vestiguerne Pierre to discuss proposed site visit; follow-up email to John Herrin re: site visit scheduling; met with Jim Cherof to discuss terms of City's Inter Local Agmt with Town of Brinny Breeze; sent detailed follow-up advice email to Chris Yannuzzi et al.; reviewed and replied to email from Lynn Swanson re: lien interests, payment, satisfaction and release. 2.20 JAC Meeting follow up; review planning code issues; review plat restraint- Quantum; calls with LS re: records; review with FN -pending lien matters. 2.50 SHB Receive and review Hightower MOV and criminal care docket; prepare and file nolle prosse. 0.60 06/11/2017 BJS Review Senate Bill 8-A and begin draft memorandum re: Legislative Update 0.80 06/12/2017 FLN Follow-up call to Mary Degraffenreidt re: legal question on relative of city employee receipt of award/gift; reviewed inquiry and advised Lynn Swanson on process for release of foreclosed liens re: to property located at 130 SE 14th Avenue; 0.40 MDC Telephone conference with Ilyse Triestman, review procurement matters. 0.40 JAC Onsite; review procurement issues; agenda preparation. 1.30 SHB Follow up re: bus rental agreement; discuss with Majors. 0.30 06/13/2017 FLN Email to John Herin re: property located at 130 SE 14th avenue; advice TIC with Mary DeGraffenreidt re: advice on state law on gifts. 0.40 MDC Review miscellaneous procurement inquiries, phone conference with IT. 0.90 JAC Update legislative report and marijuana legislation; agenda preparation; review PBA demand re: representation. 2.10 0611412017 SHB Review and approve agenda items. Review and revise Group Homes ordinance; discuss with JAC. 3.20 MDC Review miscellaneous procurement inquiries with JAC; teleconference Ilyse Treistman, provide email response to IT on pending procurement inquiries. 1.40 JAC Email re: medical marijuana agenda item; check legislative statutes; agenda review and preparation. 4.50 Page 63 of 743 Page: 3 CITY OF BOYNTON BEACH 07/03/2017 ACCOUNT NO: 306-9001821 STATEMENT NO: 15826 General Matters HOURS 06/15/2017 FLN TIC with Seargeant Matson re: Briny Breeze parking violation matter, follow-up email to Christopher Yannuzzi. 0.70 SHB Office hours at City Hall. Various correspondence and telephone conferences with Rumpf re: group homes ordinance. Discuss ordinance with JAC. Revise group homes ordinance and transmit to Clerk for agenda. 4.50 JAC Agenda preparation. 1.20 06/16/2017 FLN Continue review of Briny Breeze matter ahead of follow-up TIC with Chris Yannuzzi. 1.00 06/19/2017 SHB Follow up re: group home ordinance matters. Review fire code and inspection requirements; follow up with Cline. 2.00 FLN Reviewed Briny Breeze Traffic code sections and sections of Florida statutes to continue to address additional questions from City staff as it relates to enforcement of citations for parking violations. 1.50 JAC Onsite office administration; attend staff meeting; review agreements; conference call with attorney for pension consultants; prepare for commission meeting. 6.70 06/20/2017 SHB Discuss fire inspection matters with Kathy Cline. Receive and review correspondence re: 3566 S Lake Dr. lien matters; discuss with JAC. 0.70 DNT Review community enhancement program guidelines;t/c/c with David Scott and Mark Woods re: community enhancement program guidelines; dictate additional language for community enhancement program guidelines. 1.10 JAC Onsite; prepare for and attend Commission meeting. 7.00 FLN Started review of various bankruptcy materials received from City. 1.30 06/21/2017 FLN Re. BAC Home Loans v. COBB, McBride-Reviewed Order to Release Original Docs from Evidence Room. 0.20 JAC Onsite; miscellaneous review re: budget hearings on fire assessment notices and adjustments. 2.60 MDC Telephone conference with TH, confer with JAC, review emails on CCNA questions. 0.40 DNT Review wireless communication ordinance provided by Mobilitie. 0.60 06/22/2017 JAC Agenda follow-up; review mail and memo status; review ACA assignments. 2.60 DNT Review status of wireless communication statute and impact on city ordinance being proposed; dictate memo re: wireless communication legislation; dictate revision to agreement with Habitat for Humanity. 1.60 SHB Follow up re: status of upcoming Commission meetings. Review additional documentation re: group Domes ordinance. 1.00 06/23/2017 JAC Review employment letter; review assignments, hearing status and trial status of ACAs; research re: pending group homes ordinance; review Robinson settlement. 4.20 FLN Email to Lynn Swanson re: liens imposed against mortgagee issue. 0.40 Page 64 of 743 Page:4 CITY OF BOYNTON BEACH07/03/2017 ACCOUNT NO: 306-9001821 STATEMENT NO: 15826 General Matters HOURS 06/26/2017 FLN Reviewed agenda packet and prepared for P&D meeting on 6/27/2017; reviewed various emails from Lynn Swanson with related documentation on recent order on lien modification entered for property located at 327 SW 2nd Avenue, discussed next steps with Lynn; prepare for upcoming meeting with community standards managers. 2.80 JAC Case management review; review P&D agenda; review Quantum ARC issue and letter and reply to EB. 2.50 DNT Review request to certify city's non discrimination policy. 0.30 06/27/2017 FLN Met with Lynn Swanson to review City's Code section to address pending lien modification order issues re: property located at 327 SW 2nd Avenue; Reviewed relevant sections of FI Statutes re: to surplus disbursements; Discussed with Jim Cherof; discussed with Commissioner Romelus via TIC; started draft of email correspondence Commr Romelus; attend Planning and Development Board Meeting. 4.00 DNT Dictate and revise memo re:wireless communication facilities. 0.80 JAC Review and reply re: COI issue and procedure-record keeping; review lien issue and reduction challenge/appeal; miscellaneous calls with staff. 3.60 SHB Research, drafting, and revision: memo to client re: wireless infrastructure act. Discuss with DNT. 1.00 06/28/2017 SHB Revise and finalize memo to City re: house bill 87. 0.30 FLN Meeting with Lori Laverriere and Lynn Swanson re: lien modification order issue for property located at 327 SW 2nd Avenue; Finalized and submitted correspondencelemail on this matter to Commissioner Romelus; met with Mark Woods, Vestiguerne Pierre and Lynn to discuss pending matters/ code enforcement procedures at City. 3.30 DNT Review and revise memo re: wireless communication facility ordinance. 0.80 JAC Preparation for ABC meeting; prepare wireless memo; review Hypoluxo documents; miscellaneous office issues re: Budget. 4.60 06/2912017 FLN Re: status of surplus for property located at 327 SW 2nd avenue, discussed with Lynn Swanson, T/C with Counsel for Clerk's office, after which I update Lynn accordingly. 0.70 SHB Telephone conference with Pyle re: public records exemption matters; review statute. Follow up correspondence to Pyle and Clerk staff. Revise bus agreement for city bus rental. 2.60 MDC Review revised RFQ for Seacrest Phase II. 1.00 JAC Review emails and assignments; research re: Central Seacrest project documents. 1.40 DNT Review memo and information from FLC re: wireless communication facility legislation. 0.40 06/30/2017 SHB Revise and finalize bus rental agreement; to Wally Majors for review. Contact Delray re: zoning ordinance matters.Additional research re: group home ordinance matters; discuss with JAC. 7.50 FLN Reviewed and Revised Agenda cover sheet details re: review of Lien Modification Order pending for 7118117 commission meeting; discussed with Lynn Swanson; drafted Notice to Applicant/Property owner re: review of order at meeting; submitted to Jim Cherof for review and approval; reviewed Jim's feedback to correspondence. 1.50 Page 65 of 743 Page: 5 CITY OF BOYNTON BEACH 07/03/2017 ACCOUNT NO: 306-9001821 STATEMENT NO: 15826 General Matters HOURS DNT Confer with SCW re: wireless communication facility legislation and ordinance; review FLC memo re: wireless communication facility legislation; review and coordinate certification of city anti-discrimination ordinance. 1.30 MDC Meet with JAC, review Seacrest project RFP; phone conference with I. Triestman. 1.00 JAC Agenda item review; review for Monday conferences; confer with attorneys re: assignments. 2.40 FOR CURRENT SERVICES RENDERED 158.40 16,165.84 TOTAL CURRENT WORK 16,165.84 BALANCE16, 65°84 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 66 of 743 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone(954) 7714500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9904927 Boynton Beach FL 33425 STATEMENT NO: 15827 Attn: Lynn Swanson adv. Thompson, Morris Kent Billing Category 18-RLO HOURS 06/08/2017 TAD Receipt of notice of appeal and correspondence re: same. 0.20 FOR CURRENT SERVICES RENDERED 0.20 39.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECAL O 0.20 $195.00 $39.00 TOTAL CURRENT WORK 39.00 BALANCE DUE $39.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 67 of 743 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone(954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9904950 Boynton Beach FL 33425 STATEMENT NO: 15828 Attn: Lynn Swanson Litigation Miscellaneous HOURS 06/02/2017 TAD Receipt and review of correspondence from City re: public records request. Review documents in request and telephone conference with the City re: same. 0.40 06/0512017 TAD Receipt and review of incident report(Ward) Review case list and status of claims and prepare outline of information needed from City and issues to discuss in meeting with City Risk. 1.20 JAC Oversight review of all tort defense cases; check docket entries, pleading and records for discussion with attorneys. 1.80 06/0712017 TAD Meet and confer with Risk director and manager re: incident report issues; property damage issues; and status of pending litigation. 4.60 BJS Review Motion to Return Property with all applicable follow up re: Bellamy 1.00 06/0912017 BJS Review request for Adversarial Preliminary Hearing re: Bucci and t/c Spencer Siegel, review new forfeiture re: 17-031651 re: Dasman Green and follow up with JAC and Scott Harris 1.20 JAC Conference with TD re: review pending cases and budget; review draft report and settlement options. 0.70 06/12/2017 BJS t1c with Scott Harris re:forfeitures, review file and ttc with Lakeesha Bellamy Motion to Return Property re: Bellamy and draft proposed Order, ttc with Spencer Seigle re: Bucci and Scott Harris 1.50 06/13/2017 BJS t/c with Scott Harris and follow up re: Forfeitures and Settlements 0.60 06/14/2017 JAC Review AC attorney cases and pleadings; general oversight of new demands/cases/claims. 1.70 06/16/2017 TAD Receipt and review of correspondence from adjuster re: status of claim (Hickman) 0.30 06/19/2017 TAD Receipt and review of use of force report(Jordan). Receipt of correspondence re: discussion on request from officers. 0.20 BJS Follow up on pending matter with Scott Harris 0.40 06/20/2017 TAD Receipt and review of correspondence re: representation of officers. Review statute and case law re: same. 1.30 Page 68 of 743 Page:2 CITY OF BOYNTON BEACH 07/03/2017 ACCOUNT NO: 306-9904950 STATEMENT NO: 15828 Litigation Miscellaneous HOURS 06/21/2017 TAD Receipt and review of use of force report(Doydas). Attend meeting with Risk director and TPA manager re: claims handling issues. Attend meeting with Risk director and city manager re: representation issues. 5.60 06/23/2017 BJS Review new forfeiture for legal compliance and draft follow up correspondence 0.60 06/27/2017 TAD Receipt of complaint and correspondence from City and Police Department re: same. Receipt of incident report re. complaint. Receipt of correspondence re: prior claim filed with the City and receipt of prior claim. Receipt of correspondence re: accident and subrogation claim. Review accident report and claim letter. Prepare correspondence to City re: response to subrogation claim (Claudino) 2.00 06/29/2017 BJS Review and follow up re: Bellamy Order 0.30 TAD Receipt and review of incident report(Johnson). 0.20 06/30/2017 BJS Review forfeiture settlement re: Dasmen Green 0.30 TAD Receipt and review of correspondence from the City re: claim information. Receipt of reports and further information re: incident. Prepare correspondence to city re: update on claim information. Receipt of incident report (Morris). 2.40 JAC Review Predelus HUD complaint; outline response process; review Sezen settlement. 0.90 FOR CURRENT SERVICES RENDERED 29.20 5,694.00 RECAPITULATION TIMEKEEPER HOURS HOURLY T TL JAMESA. CHEROF 5.10 $195.00 $994.50 IN J. SHERMAN 5.90 195.00 1,150.50 TRACEYA. DECARLO 18.20 195.00 3,549.00 TOTAL CURRENT WORK 5,694.00 BALANCE DUE 94.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 69 of 743 GORE , CHEROF, DOODY&EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone(954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905001 Boynton Beach FL 33425 STATEMENT NO: 15829 Attn: Lynn Swanson adv. Executive Estates of BB Homeowner's Assn. (Dwork, Jonathan Mitchell), 154 Orange Drive, BB HOURS 06/19/2017 FLN Reviewed Motion for Final Order of Dismissal and Judgment in Favor of Defendants and Amended Motion for Entitlement to Fees 0.30 06/20/2017 FLN Reviewed Notice of Hearing re:Amended Motion for Entitlement to Attorney's Fees and Motion for Entry of Final Judgment and sent email to Plaintiffs attorney re: City's attendance at hearing. 0.30 FOR CURRENT SERVICES RENDERED 0.60 117.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 0.60 $195.00 $117.00 TOTAL CURRENT WORK 117.00 BALANCE DUE $117,00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 70 of 743 GOREN, CHEROF, DOODY&EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone(954)771-4500 Page: I CITY OF BOYNTON BEACH 07103/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905018 Boynton Beach FL 33425 STATEMENT NO: 15830 Attn: Lynn Swanson City of Boynton Beach Model Block Right of Way Acquisition HOURS 06/05/2017 RLL Review title work with KLE. 0.50 KLE email Brett, review documents re: Newton Parcel, email to Title CO; 0.80 06/06/2017 KLE Emails to Suzanne and title company 0.20 06/07/2017 KLE Prepare for and attend conference call with Suzanne from title company; Review documents, review and transmit revised title commitment. 1.10 FOR CURRENT SERVICES RENDERED 2.60 472.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL KERRY L. E 2.10 $195.00 $409.50 RACHEL L LEACH 0.50 125.00 62.50 Photocopies 5.60 TOTAL EXPENSES THRU 06/3012017 5.60 TOTAL CURRENT WORK 477.60 BALANCE DUE $477.60 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 71 of 743 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone(9 54)7714500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905135 Boynton Beach FL 33425 STATEMENT NO: 15831 Attn: Lynn Swanson adv. (Howell, Jeanette et. al.)vs. Deutsche Bank National Trust Company 2540 N. Seacrest Blvd, Boynton Beach, FL 33435 HOURS 06/19/2017 FLN Reviewed Certificate of Mailing and Order Appointing Guardian Ad Litem. 0.20 ......- FOR CURRENT SERVICES RENDERED 0.20 39.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 0.20 $195.00 $39.00 TOTAL CURRENT WORK 39,00 BALANCE DUE $39.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 72 of 743 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone(954)771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905136 Boynton Beach FL 33425 STATEMENT NO: 15832 Attn: Lynn Swanson adv. Jackson,Avian M. (Forfeiture) HOURS 06/20/2017 BJS Review file and draft proposed Final Order for Motion for Summary Judgment 0.50 06/21/2017 BJS Attend City's Motion for Summary Judgement at the Palm Beach Main Courthouse with all necessary follow up 4.00 FOR CURRENT SERVICES RENDERED 4.50 877.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL BRIAN J. SHERMAN 4.50 $195-00 $877.50 Photocopies 74.55 TOTAL EXPENSES THRU 06/30/2017 74.55 06/21/2017 Parking -BJS 4.00 Parking - 4.00 TOTAL ADVANCES THRU 06130/2017 4.00 TOTAL CURRENT WORK 956.05 BALANCE DUE $966.05 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 73 of 743 GOREN, CHEROF, DOODY&EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone(954)771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905168 Boynton Beach FL 33425 STATEMENT NO: 15833 Attn: Lynn Swanson Rodriguez, Jr., Orlando EEOC Charge 610-2016-00430 HOURS 06/07/2017 SHB Receive and review EEOC Dismissal notice. 0.20 FOR CURRENT SERVICES RENDERED 0.20 39.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.20 $195.00 $39.00 TOTAL CURRENT WORK 39,00 BALANCE DUE $39.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 74 of 743 GOREN, CHEROF, DOODY&EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone(954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905196 Boynton Beach FL 33425 STATEMENT NO: 15834 Attn: Lynn Swanson adv. Wells Fargo Bank, N.A. (RHA 2, LLC, et al.) HOURS 06/19/2017 FLN Reviewed Certificate of Sale; and documents in file. 0.20 FOR CURRENT SERVICES RENDERED 0.20 39.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 0.20 $195.00 $39-00 TOTAL CURRENT WORK 39.00 BALANCE DUE $39.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 75 of 743 GORE , CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page. 1 CITY OF BOYNTON BEACH 07103/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905206 Boynton Beach FL 33425 STATEMENT NO: 15835 Attn: Lynn Swanson adv. Secured Holdings, Inc. HOURS 06/30/2017 JAC Review release form opposing attorney. 0.20 FOR CURRENT SERVICES RENDERED 0.20 39-00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 020 $195.00 $39.00 Photocopies 2.10 TOTAL EXPENSES THRU 06130/2017 2.10 TOTAL CURRENT WORK 41.10 BALANCE DUE $41.10 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 76 of 743 GOEN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 7714500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905211 Boynton Beach FL 33425 STATEMENT NO: 15836 Attn: Lynn Swanson adv. Lewis Longman &Walker, P.A. (Robinson, Nathaniel) HOURS 06/01/2017 FLN Met with Jim Cherof to discuss file and City's position re: terms of Escrow Agmt; drafted and sent email to Mark Woods and Vestiguerne Pierre in Community Standards re: this matter. 1.00 06/05/2017 FL TICS with Doak Campbell;with Escrow agentlattorney Ken Dodge;with Mark Woods and Vestiguerne Pierre re: settlement terms; exchanged related emails with Mark Woods before and after TIC with M. Woods and V. Pierre. 1.10 06/06/2017 FLN Reviewed email from Ken Dodge re: Escrow Agent's costs and fees; TIC with Doak Campbell re:terms of settlement; sent follow-up email to Ken Dodge. 0.80 06108/2017 FLN TIC with Doak Campbell re: settlement terms. 0.20 06/09/2017 FLN TIC w1 Doak Campbell re: his client's agmt with City and Escrow Agent's proposed settlement; detailed follow up email to Ken Dodge w1 Lewis, Longman, et al. re: parties' settlement and next steps; email update on settlement to Jim Cherof. 0.90 JAC Review settlement. 0.30 06/14/2017 FLN Reviewed Settlement Agreement and Release received from Ken Dodge; TICs with Doak Campbell re: proper party(only previous seller)able to obtain escrow disbursement; sent email to Ken with revision; discussed with Jim Cherof. 1.00 06/22/2017 FLN Sent email to Doak Campbell's office re: our receipt of executed agmt; sent detailed advice email to City Manager re:this matter with request for execution of stipulated agreement. 0.70 06/23/2017 FLN Communicated via email with City Manager and with Ken Dodge re: status of execution of agreement by City manager. 0.40 FOR CURRENT SERVICES RENDERED 6.40 1,248.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.30 $195.00 $58.50 Page 77 of 743 Page: 2 CITY OF BOYNTON BEACH 07/03/2017 ACCOUNT NO: 306-9905211 STATEMENT NO: 15836 adv. Lewis Longman &Walker, P.A. (Robinson, Nathaniel) TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 6.10 195.00 1,189.50 TOTAL CURRENT WORK 1,248.00 BALANCE DUE 1,248.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 78 of 743 GOREN, CHEROF, DOODY&EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone(954)771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 3069905212 Boynton Beach FL 33425 STATEMENT NO: 15837 Attn: Lynn Swanson adv. James B. Nutter& Company(Estate of Hazel Clemmons, et al.) HOURS 06/02/2017 FLN Reviewed Plaintiffs filed affidavit on constructive service. 0.10 06/07/2017 FLN Reviewed proof of constructive service by publication; reviewed file documents. 0.30 FOR CURRENT SERVICES RENDERED 0.40 78.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 0.40 $195.00 $78.00 TOTAL CURRENT WORK 78.00 BALANCE DUE $78.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 79 of 743 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954)771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO. 306-9905227 Boynton Beach FL 33425 STATEMENT NO: 15838 Attn: Lynn Swanson adv. Federal National Mortgage Association (Moskoff, Eric) HOURS 06/21/2017 FLN Reviewed file documents, drafted and sent closing memo to City staff. 0.50 FOR CURRENT SERVICES RENDERED 0.50 97-50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 0.50 $195.00 $97.50 TOTAL CURRENT WORK 97.50 BALANCE DUE $97.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 80 of 743 GOREN, CHEROF, DOODY& EZROL, P.A. Attomeys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 7714500 Page: 1 CITY OF BOYNTON BEACH 07/0312017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905250 Boynton Beach FL 33426 STATEMENT NO: 15839 Attn: Lynn Swanson Freedom Mortgage Corporation (Price, Perry A.) HOURS 06/08/2017 SCW Review file and clerk's site to determine the status of the case. 0.20 FOR CURRENT SERVICES RENDERED 0.20 39.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHARI C. WALL EN 0.20 $195.00 $39.00 TOTAL CURRENT WORK 39.00 BALANCE DUE $39a00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 81 of 743 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone(954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9906251 Boynton Beach FL 33425 STATEMENT NO., 15840 Attn: Lynn Swanson adv. Seminole Lakes Homeowners Association, Inc. (IH4 Property Florida, LP a Delaware Limited Partnership) HOURS 06/08/2017 SCW Review file and clerk's site to determine the status of the case. 0.20 FOR CURRENT SERVICES RENDERED 0.20 39.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHARI C. WALLEN 0.20 $195.00 $39.00 TOTAL CURRENT WORK 39.00 BALANCE DUE $3 0 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 82 of 743 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954)7714500 Page: I CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905252 Boynton Beach FL 33425 STATEMENT NO: 15841 Attn: Lynn Swanson adv. Sharon R. Bock, as Clerk and Comptroller for Palm Beach County, Florida (Ganoe, William & Blanchard, Joshua) HOURS 06/08/2017 SCW Review file and clerk's site to determine the status of the case. 0.20 06/12/2017 FLN Reviewed file documents and pleadings; TIC with County attorney's office re: settlement terms; discussed file and next steps with Shari Wallen. 1.30 SCW Review file. Evaluate settlement request. Draft correspondence to Lori LaVerriere.Draft correspondence to Rachel Fahey from Palm Beach County. Evaluate correspondence received from Ms. LaVerriere. Telephonic conference with Ms. Fahey. 1.50 06/13/2017 SCW Review trial and mediation order. 0.20 06115/2017 SCW Evaluate correspondence received from Rachel Fahey regarding Motion for Summary Judgment. Draft correspondence to Ms. Fahey. 0.40 06/1912017 FLN Reviewed Motion for Summary Judgment received from County Attorney's office; reviewed file documents to confirm status of CM's approval of settlement per email from Lori LaVerriere to Shari Wallen; discussed City's requested revisions via TIC and email with Assist. Co.Attny Rachel Fahey. 1.20 FOR CURRENT SERVICES RENDERED 4.80 936.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 2.50 $195.00 $487.50 SHARI C. WALLEN 2.30 195.00 448.50 TOTAL CURRENT WORK 936.00 BALANCE DUE $936.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 83 of 743 GOREN' CHEROF, 0OODY& EZROL, P�� Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (S54) 771-450O Page: 1 CITY OF8OYNTDNBEACH 07/03/2017 1ODEast Boynton Beach Boulevard ACCOUNT NO: 306-9905260 Boynton Beach FL 33425 STATEMENT NO: 15842 Attn: Lynn Swanson HUD Housing Discrimination-Group Homes Moratorium HOURS 08108/2017 SHB Telephone conference with V@|ahonnoCooper and JAC re: HUD investigation. Listen to Rumpfpresentation from P&D meeting. Update Runmmyand Mack. 1.00 JAC Conference call with investigator and follow up. 1.40 06/13/2017 JAC Review group homes draft from staff; prepare response bminvestigation. 1.20 06/14/2017 JAC Preparation with 8Bre: draft order and staff analysis. 0.70 06/15/2017 JAC Review agenda item and documents bmgo to investigator. 0.80 06/19/2017 JAC Conference call interview by investigator and Mayor Grant; conference with MR; review with SB; email investigator re: pending ordinance and request for feedback. 1.20 SHB Discuss pending investigation matters with JAC. Telephone conference with JAC, Mayor Grant, and Investigator Cooper. Review and review notes re: conference call. Transmit group homes agenda item, ordinance, and backup boInvestigator Cooper. Research re: City ofHollywood pending HUD complaint. 4.00 08/21/2017 JAC Review MR follow up questions on draft ordinance; conference with SB re: research and distance issue. 1.20 06122/2017 JAC Follow uppreparation re: meeting with staff and manager re: 2nd reading issues and revision; conference with SBre: supplement. 1.80 SHB Follow upre: status ofcomplaint; telephone conference with Runnpt Discuss pending matters with JAC. 1.30 86/27/2017 SHB Receive and review pending group home applications. Discuss ordinance matters with JAC. 0.80 06128K3017 SHB Additional research re: group home matters. Meeting with JAC. Telephone conference with Runnpfre: ordinance and HUD matters. 2.00 JAC Preparation re: supplemental position statement; research and conference with SB nm: same. 3.40 00/28/2017 SHB Prepare for meeting at City Hall nm: investigation matters. Telephone conference with Rumpfand Investigator Cooper. 4.50 Page 84Of743 Page: 2 CITY OF BOYNTON BEACH 07/0312017 ACCOUNT NO: 306-9905260 STATEMENT NO: 15842 HUD Housing Discrimination-Group Homes Moratorium HOURS 06/30/2017 JAC Review for Monday conference with S13 and review legal opinion. 1.30 FOR CURRENT SERVICES RENDERED 26.40 5,148.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMESA. CHEROF 13• $195.00 $2,535.00 SHANA H. BRIDGEMAN 13.40 195.00 2,613.00 TOTAL CURRENT WORK 5,148.00 BALANCE DUE $5,148.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 85 of 743 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone(954)771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905262 Boynton Beach FL 33426 STATEMENT NO: 15843 Attn: Lynn Swanson City of Boynton Beach s1t Habitat for Humanity of South Palm Beach County, Inc. (1118 NE 2nd St., NE 11th Ave., 1114 NE 2nd St. &NE 12th Ave.) HOURS 06/0512017 DNT Review status of contract with Habitat for Humanity for sale of property. 0.40 FOR CURRENT SERVICES RENDERED 0.40 78.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL DAVID N. TCES 0.40 $195.00 $78.00 TOTAL CURRENT WORK 78.00 BALANCE DUE $78.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 86 of 743 GO EN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone(954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/0312017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905263 Boynton Beach FL 33426 STATEMENT NO: 15844 Attn: Lynn Swanson Town Square Development HOURS 06/01/2017 JAC Contract review conference and calls with TH and CG; review project costs 1 timetable and revised agreement. 2.20 DNT Telephone conference call with Colin Groff re: fees for phase 1 services; dictate and revise agreement for phase 1 services. 1.30 06/02/2017 DNT Review and revise agreement with E21-for phase one services; tictc with Dan Nelson re: requirements for agreement and resolution. 0.90 JAC Continue preparation and discuss; review OHS issues; review revised draft with DT. 2.80 06/05/2017 JAC Review draft agreements and conference with TH and LL and CG; discussion with DT; review CDD options. 2.40 06/07/2017 JAC Calls re: contract status and meeting agenda; outline exit options and prepare to discuss with Commissioners. 3.50 06/08/2017 DNT Attend meeting at City Hall to discuss phase 1 services agreement with City Manager,JAC, Tim Howard, and Colin Groff; review and revise phase 1 services agreement; dictate and revise resolutions approving phase 1 services agreement and ILA with CRA for funding. 6.00 JAC On site conferences and document preparation. 7.00 06/09/2017 DNT Dictate and revise agreement for phase 1 services; t/cic with JAC, Colin Groff, Lori Laverriere, and Tim Howard re: agreement for phase 1 services; ticic with Mark Hefferin and city staff re: agreement for phase 1 services; review and revise ILA with CRA for funding. 6.00 JAC Continued conference calls, review and revise Phase 1 Agreement. 6.20 06/12/2017 DNT Attend meetings at city hall with commissioner Romelus and Casello to discuss phase 1 services agreement with City Manager,JAC, Tim Howard, and Colin Groff; attend meeting at CRA to discuss phase 1 agreement with Mayor Grant; review and revise phase 1 services agreement; attend City Commission meeting. 8.00 JAC Onsite conferences with Commissioners and prepare for and attend Special Meeting to approve contract;follow up preparation re: agreement and research bonding issues. 7.50 06/13/2017 DNT Dictate revisions to termination provisions of agreement with E21-and Page 87 of 743 Page:2 CITY OF BOYNTON BEACH 07/03/2017 ACCOUNT NO: 306-9905263 STATEMENT NO: 15844 Town Square Development HOURS transmit to city staff and developer's representative. 0.90 JAC Continue rewrite and emails re: separation fee and Article 10; conference with DT to review legal issues. 2.20 06/14/2017 DNT Review revisions to termination provisions. 0.50 06/15/2017 DNT Review revised language re: section 10.3. Dictate and review emails re: revised language. 0.50 JAC Emails, calls, follow up re: termination article and separation fee. 1.30 06/16/2017 JAC Redraft; calls with LL and TH; conference call with developer; rework agreement. 2.70 DNT Telephone conference call with JAC and Tim Howard re:termination provision; dictate and revise termination language in agreement. 2.00 06/19/2017 JAC Conference call re:Article 10-separation fee and related issues; re-draft and review. 2.20 DNT Telephone conference with City Manager, Tim Howard, Colin Groff and JAC re: revisions to agreement with E2L; tic/c with Dan Nelson re: development agreement;t/cic with Jeff Bahnsen re: development agreement t/c/c with Mark Herferin and city staff re: revisions to agreement with E2L; revise agreement with E21-and transmit to city and to E2L. 2.30 06/22/2017 JAC Follow up on agreement and prepare checklist-monitoring process. 1.10 06/30/2017 JAC Review exhibits and completed contract; review for next step in process. 0.80 FOR CURRENT SERVICES RENDERED 70.30 13,708.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMESA. CHEROF 41.90 $195.00 $8,170.50 DAVID N. TOLCES 28.40 195.00 5,538.00 Color photocopies 0.35 Photocopies 78.40 TOTAL EXPENSES THRU 06/30/2017 78.75 TOTAL CURRENT WORK 13,787.25 BALANCE DUE $13,787.25 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 88 of 743 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905264 Boynton Beach FL 33425 STATEMENT NO: 15845 Attn: Lynn Swanson adv. Deutsche Bank National Trust Company vs. Ocwen Loan Servicing (GMAC Mortgage) HOURS 06/21/2017 FLN Reviewed file documents; sent email to MarK Woods re: status of lien against GMAC; reviewed email from Lynn Swanson re: city's practice to record liens against mortgagees when properties are in default; started review of relevant research to ensure city's code is enforceable as drafted. 1.50 FOR CURRENT SERVICES RENDERED 1.50 292.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 1.50 $195.00 $292.50 TOTAL CURRENT WORK 292.50 BALANCE DUE $292,50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 89 of 743 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone(954)771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905265 Boynton Beach FL 33425 STATEMENT NO: 15846 Attn: Lynn Swanson adv. Nationstar Mortgage, LLC (McBride, Cheryl) HOURS 06/14/2017 FLN Reviewed Notice of Hearing on Defendant, Owners Motion for Enlargement of time, reviewed file documents to confirm status of matter. 0.30 06/23/2017 FLN Reviewed Certificate of Service oftand Order granting Defendant McBride's Motion for Enlargement of Time. 0.20 FOR CURRENT SERVICES RENDERED 0.50 97.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 0.50 $195.00 $97.50 TOTAL CURRENT WORK 97.50 BALANCE DUE $97.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 90 of 743 GOR , CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone(9 54) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07103/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905269 Boynton Beach FL 33425 STATEMENT NO: 15847 Attn: Lynn Swanson adv. U.S. Bank National Association (Max!, Kinson & Noncent, Ouze) HOURS 06/05/2017 FLN Reviewed file and answer draft prior to efiling. 0.30 06/19/2017 FLN Reviewed Defendant property owners Motion for Extension of Time. 0.20 FOR CURRENT SERVICES RENDERED 0.50 97.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 0.50 $19&00 $97.50 TOTAL CURRENT WORK 97.50 BALANCE DUE $97.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 91 of 743 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone(964) 771-4500 Page: I CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905270 Boynton Beach FL 33425 STATEMENT NO: 15848 Attn: Lynn Swanson adv. Prime Property of the Palm Beaches, Inc. (Peterson, Steven & Pamela) HOURS 06/05/2017 FLN Reviewed file and answer draft prior to efiling. 0.30 06/06/2017 FLN Reviewed Plaintiffs Motions for Default against Defendant Owner, City of Riviera Beach and Prime Property; proof of return of service of pleadings at the property. 0.30 06/14/2017 FLN Reviewed Plaintiffs Motion for Clerk's Default against Calethea Barnes; Reviewed City of West Palm Beach's filed Answer. 0.30 06/20/2017 FLN Reviewed Amended Return of Service on mother of registered agent for Defendant Prime Property; Reviewed Amended Motions for Clerk's Default against Prime Property of the Palm Beaches and Kevin Ballard. 0.40 FOR CURRENT SERVICES RENDERED 1.30 253.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 1.30 $195.00 $263-50 TOTAL CURRENT WORK 253.50 BALANCE DUE $25350 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 92 of 743 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone(954)771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905271 Boynton Beach FL 33425 STATEMENT NO: 15849 Attn: Lynn Swanson adv. U.S. Bank Trust, N.A. (Luoto, Kaija) HOURS 06/07/2017 FLN Reviewed summons and complaint; drafted answer and affirmative defenses. 2.00 06/19/2017 FLN Reviewed and finalized responsive pleadings before filing. 0.40 FOR CURRENT SERVICES RENDERED 2.40 468.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 2.40 $195.00 $468.00 TOTAL CURRENT WORK 468.00 BALANCE DUE $468.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 93 of 743 Goren, Cherof, Doody& Ezrol, P.A. -June 2017 Risk Cases Andrews, Spencer(BBPD Employees) 0.00 Kimsey, Erin (MVA) 0.00 Ford, Sharron(Negligence arrest) 39.00 Laster,Torami(Slip & Fall) 0.00 Mina, German (Slip & Fall) 175.50 Gregory, Mola (Slip & Fall) 214.50 Oldham, Dana (Fall) 3,783.00 Robinson, Bennie(False Arrest) 526.50 Galindez, Dennis(Slip & Fall) 16,278.50 Caliskan, Hasan(MVA) 3,625.11 Jenkins, Gail & Leon(Demolition) 136.50 Venegas,Jesusa 253.50 Blutcher, Pamela (MVA) 2,343.95 Goldman, Barry(Bike/grate accident) 10,872.55 Braswell,Jeff rey(Excessive Force) 0.00 Jackson-Evancich, Deborah 0.00 Broberg, Leif Complaint(2015) 58.50 Dunn,Jonathan(arrest w/o probable) 0.00 Wade, George(auto accident) 760.50 Caliendo, Giovanni & Emily(Code) 360.00 Coupet, Kenson (Parent of child injured) 2,323.65 Shevlin, Patrick(false arrest) 273.00 Ryan, Ronald(whistleblower) 1,151.35 Estime, Robens(Police Deadly Force) 0.00 Barthelmy, Clorena (Vehicle Accident) 39.00 Hill, Ashley(excessive force) 39.00 Gonzalez, Maria de Jesus (Police) 19.50 Clemens,Jennifer(Personal Injury) 4,187.45 Bolt, Barbara Dilger(MVA) 253.50 Pickney, Elliott (Excessive force) 0.00 Louithelmy, Daphnee 78.00 Hickman,Walteanna 58.50 TOTAL Goren,Cherof Risk Legal Costs 47,850.56 Page 94 of 743 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905029 Boynton Beach FL 33425 STATEMENT NO: 15850 Attn: Lynn Swanson adv. Ford, Sharron (negligence arrest) Billing Category 18-RLO HOURS 06/22/2017 TAD Telephone conference with outside counsel re: settlement issues and trial setting. 0.20 FOR CURRENT SERVICES RENDERED 0.20 39.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.20 $195.00 $39.00 TOTAL CURRENT WORK 39.00 BALANCE DUE $39.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 95 of 743 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905062 Boynton Beach FL 33425 STATEMENT NO: 15851 Attn: Lynn Swanson adv. Mina, German (slip & Fall) Billing Category: 18-RLO Claim#001470-000340-GB-01 HOURS 06/09/2017 TAD Telephone conference with plaintiff. Confer with city re: offer to settle. 0.30 06/22/2017 TAD Receipt and review of notice of change of address, motion for extension of time and notice of compliance from plaintiff. 0.30 06/28/2017 TAD Receipt of notice of appearance and prepare correspondence to the City re: same. 0.30 FOR CURRENT SERVICES RENDERED 0.90 175.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.90 $195.00 $175.50 TOTAL CURRENT WORK 175.50 BALANCE DUE $175.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 96 of 743 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905066 Boynton Beach FL 33425 STATEMENT NO: 15852 Attn: Lynn Swanson adv. Gregory, Mola (slip &fall) Billing Category: 18-RLO Claim#001470-000341-GB-01 HOURS 06/05/2017 TAD Receipt and review of correspondence from plaintiff re: mediation. Receipt of correspondence from City re: information needed for response to discovery. Confer with Florida Medical re: information required for subpoena response. 0.30 06/06/2017 TAD Receipt and review of correspondence from plaintiff re: witness statement and depositions. 0.20 06/16/2017 TAD Receipt and review of order setting case management conference. 0.10 06/22/2017 TAD Telephone conference with plaintiff counsel re: status and mediation. Receipt of correspondence from plaintiff re: witness deposition. 0.30 06/30/2017 TAD Receipt and review of correspondence re: status from adjuster and prepare update report. 0.20 FOR CURRENT SERVICES RENDERED 1.10 214.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 1.10 $195.00 $214.50 TOTAL CURRENT WORK 214.50 BALANCE DUE $214.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 97 of 743 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905069 Boynton Beach FL 33425 STATEMENT NO: 15853 Attn: Lynn Swanson adv. Oldham, Dana (fall) Billing Category 18-RLO Claim#001470-000346-GB-01 HOURS 06/06/2017 TAD Receipt and review of correspondence re: issues with plaintiff deposition and prepare response to same. 0.20 06/07/2017 TAD Receipt and review of second renotice of deposition of plaintiff. 0.10 06/12/2017 TAD Attend deposition of plaintiff. Confer with defense counsel re: mediation. 5.80 06/14/2017 TAD Prepare pre-mediation report and report on deposition of the plaintiff. Confer with City re: mediation and prepare certificate of mediation appearance. 1.80 06/15/2017 TAD Receipt and review of correspondence from Any Kind counsel re: attendance at mediation. Revise pre-mediation report to include additional medical and liability information. 1.30 06/16/2017 TAD Review plaintiff medical and damage information and prepare for mediation of matter. Receipt of correspondence re: mediation appearance by Any Kind. 0.80 06/20/2017 TAD Receipt and review of notice of compliance re: mediation of matter. 0.10 06/22/2017 TAD Receipt and review correspondence from City and adjuster re: mediation issues. 0.20 06/23/2017 JAC Case review/ pre-mediation. 0.30 TAD Review photographs and claims and prepare for mediation of matter. 0.80 06/27/2017 TAD Confer with JAC re: mediation issues. Receipt of correspondence from Any Kind counsel re mediation. Telephone conference with the City re: mediation issues. 0.50 06/28/2017 TAD Attendance at mediation of matter. 7.30 06/30/2017 TAD Prepare correspondence to adjuster re: mediation. 0.20 Page 98 of 743 Page: 2 CITY OF BOYNTON BEACH 07/03/2017 ACCOUNT NO: 306-9905069 STATEMENT NO: 15853 adv. Oldham, Dana (fall) HOURS FOR CURRENT SERVICES RENDERED 19.40 3,783.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.30 $195.00 $58.50 TRACEY A. DECARLO 19.10 195.00 3,724.50 TOTAL CURRENT WORK 3,783.00 BALANCE DUE $3,783.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 99 of 743 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905073 Boynton Beach FL 33425 STATEMENT NO: 15854 Attn: Lynn Swanson adv. Robinson, Bennie (false arrest) Billing Category 18-RLO Claim#001470-000336-GB-01 HOURS 06/08/2017 TAD Receipt and review of correspondence from outside counsel re: settlement issues. Review case law re: issues with proposal for settlement. 1.20 06/12/2017 TAD Receipt and review of correspondence from Harris counsel re: deposition of passenger and witness. Receipt of correspondence from Plaintiff re: mediation. 0.20 06/14/2017 TAD Receipt and review of correspondence re: mediation and prepare response to same. 0.20 06/16/2017 TAD Receipt and review of correspondence from plaintiff and outside counsel re: mediation. Receipt of correspondence to mediator re: mediation issues and response from mediator re: same. Telephone conference with Clty re: mediation. 0.30 06/19/2017 TAD Receipt and review of correspondence from mediator and prepare response to same. Receipt of correspondence from Harris counsel re: settlement offer. Telephone conference with Harris counsel re: status of discussions re: settlement offer. 0.50 06/22/2017 TAD Receipt and review of correspondence re: pre-mediation conference and prepare response to same. Receipt of correspondence from mediator and notice of mediation. Prepare correspondence to City re: mediation. Receipt of correspondence from plaintiff re: notice of designation of mediator and notice. 0.30 FOR CURRENT SERVICES RENDERED 2.70 526.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 2.70 $195.00 $526.50 Page 100 of 743 Page: 2 CITY OF BOYNTON BEACH 07/03/2017 ACCOUNT NO: 306-9905073 STATEMENT NO: 15854 adv. Robinson, Bennie (false arrest) TOTAL CURRENT WORK 526.50 BALANCE DUE $526.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 101 of 743 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905083 Boynton Beach FL 33425 STATEMENT NO: 15855 Attn: Lynn Swanson adv. Galindez, Dennis (slip &fall) Billing Category: 18-RLO Claim#001470-000330-GB-01 HOURS 06/01/2017 IR Conference with TAD regarding trial preparation and latest order of calendar call, filed 5.31.17; 0.40 TAD Review plaintiff exhibit and witness list re: trial issues. Receipt of order setting calendar call. Receipt of correspondence from plaintiff re: Williams deposition. Receipt of second correspondence from plaintiff re: additional depositions of City former employees and First Genesis representatives. Receipt of correspondence from City's workers compensation attorney re: lien information. Receipt of request for production to plaintiff. 2.90 06/02/2017 IR Conference with TAD regarding preparation for trial and preparation for remaining depositions, in advance of trial and the discovery cut-off date of June 20, 2017; reviewed Plaintiffs deposition transcript and deposition summary for physician information and prepared email regarding physician deposition in advance of June 20, 2017 deadline; review of prior set notice of deposition of Dr. Sukienik from 2015 and prepared email regarding same; preparation of ticklers to follow up on trial projects and deadlines; 1.30 TAD Prepare memorandum re: trial issues and prepare pre-mediation report. Review case law re: damage claims for mediation. 3.80 06/05/2017 TAD Receipt and review of correspondence from plaintiff re: First Genesis depositions and mediation. Continue preparation of pre-mediation report. 2.20 06/06/2017 IR Review Order Re-Setting Jury Trial and Directing Pretrial and Mediation Procedures, entered by the Court on 2.28.17 and compared deadlines with Plaintiff's 3rd Fact Witness List, [which disclosure deadline date was May 1, 2017]. 0.70 TAD Revise correspondence to adjuster to include additional information. Review testimony of Brode and Le Blanc and update case law. Prepare motion for partial summary judgment and supporting memorandum of law 3.60 06/07/2017 IR Continued preparation of memoranda to TAD, specifying issues with Plaintiff's late filing of their 3rd set of trial disclosures, as well as Plaintiff's 5th set of interrogatories propounded upon the City of Boynton Beach; extensive review of the City's various responses and objections to Plaintiff's Page 102 of 743 Page: 2 CITY OF BOYNTON BEACH 07/03/2017 ACCOUNT NO: 306-9905083 STATEMENT NO: 15855 adv. Galindez, Dennis (slip &fall) HOURS numerous sets of discovery requests; review and research Fla.R.Civ.P. 1.340 as preparation of the City's legal citation in its Motion to Strike Plaintiff's discovery; continuation of trial preparation. 1.30 TAD Confer with Dr.Sukienk office re: deposition and prepare correspondence to plaintiff and first genesis re:same. 0.30 06/08/2017 IR Continued to prepare memoranda pertaining to trial deadlines and Plaintiffs' continued efforts to file trial disclosures; conference with TAD regarding same; trial exhibit lists reviewed and compared with June 5, 2017 filing and our last trial exhibits list; reviewed and compared Plaintiff's Third Trial Witness List against various discovery and prepared revised memoranda; extensive review of pleadings for additional deposition notices, as well as update of discovery tracking; 2.20 TAD Confer with IVR re: trial preparation. Receipt of correspondence re: depositions of City employees and prepare response to same. Prepare subpoena to Dr. Sukienik and notice of deposition for same. 0.70 06/09/2017 TAD Prepare certificate of mediation authority. Prepare correspondence to mediator re: mediation. Prepare for mediation of matter. Review prior pre-trial stipulation re: revisions to same. Review additional case law re: motion for partial summary judgment and revise same to include additional arguments. 3.60 06/12/2017 IR Continuation of trial preparation, organized trial exhibits, and retrieved deposition transcripts and exhibits thereto in order of the City's disclosure of same to the Court. 2.70 06/13/2017 IR Preparation of trial witness file folders for numerous city and others; organized deposition transcripts, deposition exhibits, deposition summaries and notices of filing deposition transcripts with the court[extensive]; reviewed deadlines from trial order and update of same. 6.20 06/14/2017 IR Preparation for trial, prepared trial files for each of Plaintiffs'trial witnesses, prepared deposition summary on Paula Le Blanc continuation deposition of May 22, 2017; update of trial witness tracking log, which includes City of Boynton Beach's trial witnesses and Plaintiff's witnesses with document that specifically relate to each witness. 4.80 TAD Receipt and review of request for production to First Genesis and receipt of Motion to Shorten Time. 0.30 06/15/2017 IR Continuation of trial preparation, focusing on specifically disclosed trial witnesses listed by Plaintiffs and by the City [from 2015, 2016 and from Plaintiffs' most recently filed 2017 trial disclosures] and created remainder of files of same, for use at trial; research and retrieval of accompanying relevant documents pertaining to each listed trial witness; continued to prepare deposition summary on Paula Le Blanc from her May 22, 2017 testimony; retrieved and organized deposition transcripts with exhibits from witness depositions, 2015 through current; 3.70 TAD Confer with the City re: mediation. 0.20 06/16/2017 IR Continuation of trial preparation, focusing on specifically disclosed trial witnesses listed by Plaintiffs and by the City [from 2015, 2016 and from Page 103 of 743 Page: 3 CITY OF BOYNTON BEACH 07/03/2017 ACCOUNT NO: 306-9905083 STATEMENT NO: 15855 adv. Galindez, Dennis (slip &fall) HOURS Plaintiffs' most recently filed 2017 trial disclosures] and created remainder of files of same, for use at trial; research and retrieval of accompanying relevant documents pertaining to each listed trial witness; continued deposition summary on Paula Le Blanc from her May 22, 2017 testimony; retrieved and organized deposition transcripts with exhibits from witness depositions, 2015 through current; 3.30 TAD Revise motion for partial summary judgment. Prepare report to mediator re: claims and defenses and issues for mediation. Receipt of correspondence from plaintiff and First Genesis re: depositions and prepare response to same. Receipt of correspondence from mediator re: mediation issues. Receipt of First Genesis Motion for Summary Judgment and exhibits to same. 2.80 06/19/2017 IR Receipt and review Plaintiffs' Motion for Final Summary Judgment as to Duty and/or in the Alternate Proximate Causation, filed with the court late Friday June 16, 2017; continued review and summary of Paula Le Blanc, former City of Boynton Beach Facilities Management Supervisor, from 8.19.15 continued deposition; researched Anthony Williams name with First Genesis and cross-referenced with recent discovery in this matter and recently revised trial disclosures [Plaintiffs' new trial witness 6.5.17 Amended Trial Witness List Disclosure]; ran entity search of First Genesis Lawn Service with State of FL, Disivion of Corporations for officer/director information. 5.10 TAD Attend mediation of matter. Receipt of mediation report and correspondence from mediator re: same. 6.30 06/20/2017 IR Continued trial preparation, continued review and organization of of trial exhibits, which including numerous deposition transcripts with respective exhibits, relevant to each parties' listed trial disclosures; continuation of deposition summaries of May 2017 depositions [continuation depositions and new depositions taken, in preparation for trial and witness files]. 4.80 06/21/2017 IR Continued, reviewed/ revised and finalized deposition summaries, for use at trial, scheduled for July 10, 2017; online review Judge Barkdull's trial calendar for July special set trials; reviewed trial exhibit of contract between City of Boynton Beach and First Genesis Lawn Service regarding their custodial services provided to the City entered on September 20, 2012 for two years [Bid No: 063-2511-10/JMA]; review of Anthony Williams searches [following Plaintiffs requests for information]; additional trial preparation; reviewed Dr. Sukienik deposition file folder and prepared notes for TAD, to utilize at his June 22, 2017 deposition; conference with TAD regarding same. 5.70 TAD Receipt and review of correspondence from plaintiff re: depositions of Turner and First Genesis employee. Prepare response to same. Confer with city re: settlement issues. 0.60 06/22/2017 TAD Attend deposition of Dr. Sukienk (not reached due to scheduling issues). Prepare correspondence to counsel re: reset of deposition of plaintiffs physician. 2.40 06/23/2017 TAD Review information on Murray and Turner and prepare for depositions of same. Review contract documents re: depositions. 2.30 Page 104 of 743 Page: 4 CITY OF BOYNTON BEACH 07/03/2017 ACCOUNT NO: 306-9905083 STATEMENT NO: 15855 adv. Galindez, Dennis (slip &fall) HOURS 06/26/2017 TAD Begin preparation of proposed jury instructions for trial. Reveiw case law re: negligence issues for jury instructions. 2.40 06/27/2017 IR Conferences with TAD regarding Calendar Call, set for June 30, 2017 and preparation for same; continuation of index to and documents for trial binder; extensive reviews of pleadings and court docket to ascertain most recent filings of all parties; extensive reviewing of operative pleadings for use in organizing trial binders. 4.40 06/28/2017 IR Finalized trial notebook, for use at calendar call scheduled before Judge Barkdull Friday June 30, 2017 ay 9:00 a.m., index to same, with cover sheet; revised our internal Trial Order Outline noting revised dates per trial order and Order Setting Calendar Call, entered on May 31, 2017; reviewed and confirmed trial disclosures, and other trial preparation with hard copies of discovery responses and documents received from all parties; extensive review with notations of operative pleadings [through second amended complaint by Plaintiff and two defendants' answers, affirmative defenses and amendments to answers], 5.90 TAD Telephone conference with Plaintiff counsel re: status and trial issues. Prepare re-notice of deposition duces tecum for plaintiff's doctor. 0.60 06/29/2017 IR Continued trial preparation with continued organization of all parties'trial exhibits and preparation of additional trial notebooks for use the Court and client; 5.70 TAD Review case law re:jury instructions and pre-trial motions. Continue preparation of jury instructions and verdict form for trial. Review witness and exhibit information re: trial preparation. 4.20 06/30/2017 IR Prepared several emails to videographers provide us with the Mack McClendon deposition of 10.17.16; continued to prepare for trial, retrieved numerous trial exhibits and followed listing of the lists and amended lists filed with the court, from 2015 through current 2017; telephone conferences with several videographers regarding deposition video, in advance of trial; 3.70 TAD Attend calendar call. 4.60 FOR CURRENT SERVICES RENDERED 105.70 16,278.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 61.90 $125.00 $7,737.50 TRACEY A. DECARLO 43.80 195.00 8,541.00 Photocopies 626.50 TOTAL EXPENSES THRU 06/30/2017 626.50 TOTAL CURRENT WORK 16,905.00 Page 105 of 743 Page: 5 CITY OF BOYNTON BEACH 07/03/2017 ACCOUNT NO: 306-9905083 STATEMENT NO: 15855 adv. Galindez, Dennis (slip &fall) BALANCE DUE $16,905.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 106 of 743 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905092 Boynton Beach FL 33425 STATEMENT NO: 15856 Attn: Lynn Swanson adv. Caliskan, Hasan (MVA) Billing Category: 18-RLO Claim#001470-000354-AB-02 HOURS 06/01/2017 IR Continuation of retrieval of legal research, in preparation for the City's Opposition to the Plaintiff's Motion to Strike special set hearing of June 13, 2017; 2.80 TAD Receipt and review of correspondence from investigator re: deposition issues. 0.20 06/02/2017 IR Finalized package for the court, with enclosed legal research and preparatoin for June 13, 2017 hearing on Plaintiff's Motion to Strike our Affirmative Defense and our Response in Opposition to Plaintiff's Motion to Strike; email to court reporters, requesting status of deposition transcripts from Plaintiffs' June 2016 depositions; revised ticklers for receipt of deposition transcripts, originally ordered 5.15.17. 1.90 TAD Telephone conference with City re: CME of Caliskan. Prepare correspondence to expert re: CME. 0.20 06/05/2017 IR Receipt and quick review of contents of two deposition transcripts from the City's court reporter, from over the weekend; draft email and correspondence to Dr. Zeide enclosing both deposition transcripts, with accompanying color exhibits from both Plaintiffs' depositions of June 15, 2016; received responsive email from Dr. Zeide's administrative assistant and pdf of all documents received. 1.20 06/06/2017 TAD Prepare correspondence to expert re: CME issues and medical claims. 0.20 06/07/2017 TAD Meet with investigator re: deposition issues and report in preparation for deposition. 0.90 06/08/2017 IR Conference with TAD regarding our private investigator's deposition next Tuesday and other scheduled events for June 13, 2017, including the Plaintiff's CME with Dr. Zeide [confirmed Dr. Zeide received two packages from our office, to ensure he is prepared for next week's CME]. 0.30 TAD Review plaintiffs motion to strike city's affirmative defenses and case law and prepare for hearing on same. Prepare for deposition of Obradavich. 1.30 Page 107 of 743 Page: 2 CITY OF BOYNTON BEACH 07/03/2017 ACCOUNT NO: 306-9905092 STATEMENT NO: 15856 adv. Caliskan, Hasan (MVA) HOURS 06/09/2017 TAD Receipt and review of plaintiffs motion to strike witness fee and prepare correspondence re: same. 0.30 06/13/2017 IR Receipt, review and exchanged emails with Dr. Zeide's administrative assistant regarding supplemental records; reviewed file for said information and responded to Dr. Zeide's office regarding same 0.60 TAD Attend hearing on motion to strike witness fees. Attend hearing on motion to strike City's Affirmative Defenses (not reached due to Courts calendar issues). Confer with Plaintiff re: settlement issues. Prepare correspondence to plaintiff counsel re: release. Attend deposition of Obravich. 7.80 06/16/2017 IR Reviewed tickler regarding status of Defendant's Notice of Production of Non-Party subpoenas that were addressed to seven [7] entities, for records due to the City of Boynton Beach on June 22, 2017; reviewed return of service on 7 medical subpoenas, to ensure legal service had been effectuated; prepared second tickler to confirm records must be received no later than June 23, 2017, to be compliance with the City's subpoenas. 0.80 TAD Receipt and review of response to subpoena re: plaintiff medical care. Prepare correspondence to expert re: CME. 0.30 06/19/2017 TAD Receipt and review of plaintiffs motion in limine re: City's defense. 0.30 06/22/2017 TAD Receipt and review of correspondence re: Chiro Med response to subpoena. Receipt of correspondence from JFk re: response to subpoena. Receipt of correspondence from process server re: issues with service. 0.30 06/27/2017 TAD Prepare notice of filing returns of service on plaintiff providers. 0.10 06/30/2017 TAD Receipt and review of release document. Receipt of correspondence from plaintiff re: same. Prepare correspondence to the City re: settlement. Receipt of correspondence from adjuster re: same. 0.60 FOR CURRENT SERVICES RENDERED 20.10 3,387.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 7.60 $125.00 $950.00 TRACEY A. DECARLO 12.50 195.00 2,437.50 Photocopies 173.60 TOTAL EXPENSES THRU 06/30/2017 173.60 05/15/2017 ASAP Courier- Invoice 16485 35.59 35.59 06/13/2017 Parking - TAD 12.00 Page 108 of 743 Page: 3 CITY OF BOYNTON BEACH 07/03/2017 ACCOUNT NO: 306-9905092 STATEMENT NO: 15856 adv. Caliskan, Hasan (MVA) Parking - 12.00 06/27/2017 MD now Medical Centers- Invoice 7078 16.42 16.42 TOTAL ADVANCES THRU 06/30/2017 64.01 TOTAL CURRENT WORK 3,625.11 BALANCE DUE $3,625.11 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 109 of 743 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905093 Boynton Beach FL 33425 STATEMENT NO: 15857 Attn: Lynn Swanson adv. Jenkins, Gail and Leon (Demolition) Billing Code: 18-RLO Claim #001470-000382-GD-01 HOURS 06/16/2017 TAD Receipt and review of order setting case management conference. 0.10 06/27/2017 JAC Check- renew case status. 0.60 FOR CURRENT SERVICES RENDERED 0.70 136.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.60 $195.00 $117.00 TRACEY A. DECARLO 0.10 195.00 19.50 TOTAL CURRENT WORK 136.50 BALANCE DUE $136.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 110 of 743 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905098 Boynton Beach FL 33425 STATEMENT NO: 15858 Attn: Lynn Swanson adv. Venegas, Jesusa Billing Category 18-RLO Claim#001470-000367-AB-01 HOURS 06/12/2017 TAD Receipt and review of correspondence from adjuster and City re: demand package. Review demand package including medical and damage information. 1.30 FOR CURRENT SERVICES RENDERED 1.30 253.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 1.30 $195.00 $253.50 TOTAL CURRENT WORK 253.50 BALANCE DUE $253.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 111 of 743 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905102 Boynton Beach FL 33425 STATEMENT NO: 15859 Attn: Lynn Swanson adv. Blutcher, Pamela (MVA) Billing Category- 18RLO Claim#001470-000369-AB-01 HOURS 06/02/2017 IR Conference with TAD regarding discovery and projects pertaining to same; extensive review of Plaintiff's discovery notes from review of Plaintiff's discovery, initial preparation of numerous Notices of Production from Non-Party[ies], subpoenas duce tecum and HIPPA compliance to accompany respective subpoenas; performed online searches to locate Plaintiff's missing information from her discovery responses and update of tracking logs that pertain to same. 2.10 06/05/2017 IR Continued to research and investigate information relevant to the City's preparation of approximately 26 subpoenas duces tecum, with accompanying Notice of Production from Non-Parties; continuation of update to the tracking log relevant to the 26 subpoenas, to accomplish service of process on 26 medical and other providers of Plaintiff and the City's Notice of Production of Non-Parties. 6.20 06/06/2017 IR Finalized draft of 27 subpoenas duces tecum to Plaintiff's various medical and other providers; revised Notice of Production to Non-Parties listing said 27 entities, and medical providers; received directives to prepare motion to compel and for contempt, including sanctions requested by the court, against the Plaintiff for failure to comply with the court's agreed order to timely provide discovery; several revisions to the 27 non-party subpoenas duces tecum, including 26 HIPAA statements; online searches [final information needed] for substantive service of process information, relevant to said subpoenas who treated Pamela Blutcher over the years; conferences with TAD regarding same. 5.30 06/07/2017 IR Finalized discovery review, which included revisions made to 27 sets of subpoenas; 2.10 06/08/2017 TAD Receipt of plaintiffs request for records. 0.10 06/09/2017 IR Preparation of the City's Renewed Motion to Compel Discovery, requesting Sanctions including attorneys'fees and costs against the Plaintiff; prepared four sets of exhibits to the City's Renewed Motion; review pleadings to Page 112 of 743 Page: 2 CITY OF BOYNTON BEACH 07/03/2017 ACCOUNT NO: 306-9905102 STATEMENT NO: 15859 adv. Blutcher, Pamela (MVA) HOURS confirm dates of discovery requests and responses received, cross-referenced with discovery timeline regarding discovery; prepared ticklers for hearing date; went through the City's Notice of Production from Non-Party with 27 corresponding subpoenas, with HIPAA attachments thereto. 1.80 06/12/2017 IR Reviewed Plaintiff's Request for Copies of City of Boynton Beach's Notice of Production from Non-Party with 27 subpoenas and preparation of tickler to follow-up regarding same; initial preparation to update records custodian tracking log regarding subpoenas responses from various entities. 0.40 06/22/2017 IR Online review of court docket regarding status of discovery and subpoenas duces tecum [Plaintiff waived objections, by seeking copies of documents received]; prepared ticklers regarding follow up to same for June 30, 2017. 0.20 FOR CURRENT SERVICES RENDERED 18.20 2,282.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 18.10 $125.00 $2,262.50 TRACEY A. DECARLO 0.10 195.00 19.50 Photocopies 61.95 TOTAL EXPENSES THRU 06/30/2017 61.95 TOTAL CURRENT WORK 2,343.95 BALANCE DUE $2,343.95 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 113 of 743 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905111 Boynton Beach FL 33425 STATEMENT NO: 15860 Attn: Lynn Swanson adv. Goldman, Barry (bike/grate accident) Billing Category: 18-RLO Claim#001470-000373-GB-01 HOURS 06/01/2017 IR Reviewed file for photographs to be utilized at trial; conference with TAD regarding trial preparation and trial exhibits; telephone conferences and emails to and from Trial Graphix regarding additional demonstrative evidence in preparation for trial; conference with TAD regarding trial witnesses and exhibits to depositions and conferences regarding Plaintiff's use of an expert, directives from TAD pertaining to additional trial preparation projects. 1.80 TAD Receipt and review order on motion in limine. Receipt of order regarding trial subpoenas. 0.20 06/02/2017 IR Receipt and review of trial exhibit from Trial Graphix and prepared email regarding same; compared trial exhibits, in preparation for trial commencing June 26, 2017; review 0.70 06/06/2017 IR Receipt and review of email from TAD regarding trial exhibits and conference with TAD regarding same; reviewed deposition exhibits and photographs for use at trial and to contact Trial Graphix. 0.40 06/07/2017 IR Continuation of deposition summary of Colin Groff, P.E. in preparation for trial; 2.40 TAD Confer with City witness re: information on status and trial preparation. Telephone conference with police department and City re: information on Prince for subpoena. Prepare subpoena for trial. Review proposed revisions to trial exhibits and confer with IVR re: status of trial preparation. 1.30 06/08/2017 IR Reviewed notes contained in trial exhibits and prepared for meeting withTrial Graphix set for June 9, 2017. 0.60 06/09/2017 IR Online reviews for other litigation set for Judge Rowe's calendar for the period commencing June 26, 2017 trial line up for period commencing June 26, 2017 ; telephone conferences with several attorneys and paralegal regarding the status of their respective files for trial; prepared tickler to follow up again next Friday; conferences with TAD for updates of same; preparation of emails to and from Trial Graphix regarding conference set for Page 114 of 743 Page: 2 CITY OF BOYNTON BEACH 07/03/2017 ACCOUNT NO: 306-9905111 STATEMENT NO: 15860 adv. Goldman, Barry (bike/grate accident) HOURS today, trial exhibits; other trial preparation. Continuation of deposition summary of Andrew Magidson, Plaintiffs supplemental trial witness deposition on 5.2.17. 3.40 TAD Review trial documents and revise opening and vior dire re:additional testimony and evidence since last setting. Review and edit direct of witness re: pre trial preparation meeting. 3.80 06/12/2017 IR Prepared for and attendance at Trial Graphix conference call regarding trial exhibits; receipt and reviewed revised boards for use at June 26, 2017 trial; reviewed CDs from Plaintiff's counsel of x-rays taken various dates, compared against Plaintiff's trial exhibits disclosures [3 separately dated exhibits disclosures filed with the court]; prepared status email to TAD regarding same and noted in Plaintiffs trial exhibit file folders for use at trial. 1.60 TAD Receipt and review of correspondence from plaintiff re: objections and prepare response to same. Receipt of correspondence from court reporter re: Florek deposition. 0.30 06/14/2017 SCW Prepare medical information/cross for trial. Meeting with Tracey DeCarlo retrial issues. 2.00 TAD Receipt and review of correspondence from process server re: service on Prince. Prepare correspondence re: same. Review exhibits re: witnesses and continue preparation of exhibits for each witness for trial. 2.20 06/15/2017 SCW Research case kaw re: physician testimony for trial. Meeting with Tracey DeCarlo regarding trial. 2.90 IR Conference with TAD regarding trial preparation and projects, which include trial exhibits and trial witness files; reviewed file for Father Florek deposition transcript[errata sheet sent to him 6.8.17]; prepared ticklers to follow up on items to be completed prior to the week of trial, June 26, 2017; reviewed and updated trial witness folders. 1.40 TAD Review testimony of Groff and revise direct examination for trial and meeting. Confer with SBW re: medical issues and medical witness cross examination. Prepare additional arguments for opening and closing based upon recent depositions. Review medical claims and revise cross examination of orthopedic doctor for trial. Confer with judicial assistant re: status of trial setting. 6.30 06/16/2017 IR Receipt and review of email regarding Judge Rowe's trial line up for the trial period commencing June 26, 2017 through July 24, 2017 [City is#4 in the listed line-up for trial, but is not the oldest case of the 4]; receipt, review and responded to Trial Graphix email pertaining to updating exhibits for use at trial; prepared tickler to follow up again by June 21, 2017; 0.80 TAD Review plaintiff's expert deposition and objections. Review case law from plaintiff and perform legal research re: issues with testimony in preparation for meeting re: edit of trial testimony. Revise vior dire re: recent issues with City and witnesses. 4.10 06/19/2017 IR Review directions from clerk and created document folders required for use at trial [from trial witness file folders and from trial exhibits]. 1.30 TAD Receipt and review of case law re: expert testimony and damage claims re: meeting with Plaintiff re: trial testimony edits and for trial. 1.30 Page 115 of 743 Page: 3 CITY OF BOYNTON BEACH 07/03/2017 ACCOUNT NO: 306-9905111 STATEMENT NO: 15860 adv. Goldman, Barry (bike/grate accident) HOURS 06/20/2017 IR Online searches of Judge Rowe's June 26, 2017 trial docket and telephone conferences with all counsel set for trial with this matter; prepared email status memoranda regarding same; updated trial witness tracking log; conferences with TAD regarding trial preparation. 1.40 TAD Review all treatment records for Dr. Selzer and Dr. Hyan and prepare cross examination and exhibits for trial. Attend telephone conference with Plaintiff re: objections and editing of video deposition. Review additional records re: Dr. Simon treatment for trial and prepare revisions to cross and exhibits for trial. Prepare order of proof for trial exhibits. 4.80 06/21/2017 JAC Review and pre-trial matters. 0.60 TAD Confer with responding officer re: trial setting and testimony. Review deposition of before and after witness and prepare cross for trial. Prepare correspondence to witnesses and city re: trial setting. 2.30 06/22/2017 IR Continuation of trial preparation, online searches of Judge Rowe's trial calendar and conferences with TAD regarding same; emails to and from Trial Graphix regarding additional trial boards for June 26, 2017; conferences regarding Father Florek's deposition transcript, for use at trial [and summaries]; cross-referenced trial witness testimony with trial exhibits and prepared chart of same for attorneys at trial; telephone conferences with trial attorneys/ paralegals regarding status of their trials, on Judge Rowe's docket the week of June 19 through June 23, 2017 [if called for trial, as judicial assistant noted on judge's trial calendar]; 4.70 TAD Attend meeting with Assistant City Manager to review trial testimony. Prepare correspondence to police liaison re: trial subpoena and receipt of correspondence re same. Revise direct of Groff for trial. Review case law re: damage claims for trial. 4.80 06/23/2017 IR Continuation of trial preparation, updating witness files; prepared emails regarding deposition transcripts and Trial Graphix, for trial preparation [uncertain trial status throughout the day]; telephone conferences with other cases on court's docket for trial, commencing the week of June 26, 2017 [had not yet heard from judicial assistant as of 4:OOp.m. June 23, 2017]; prepared status memoranda to team; reviewed trial exhibits and updated list of trial witnesses, to cross-reference each other, so as to enter identified trial exhibits into the trial record. 6.20 06/27/2017 IR Receipt and review of Order Re-Setting Case for Jury Trial entered by the Court 6.26.17, with new calendar call date of October 6, 2017 at 9:00 a.m.; removed case from trial docket this week [as forth case on judge's online trial docket list]; re-scheduled new dates for Trial Graphix and other deadlines to prepare for next set of trial on the court's mid-Fall 2017 docket with new dates. 1.40 06/29/2017 TAD Receipt and review of order resetting case for trial. Prepare correspondence to adjuster re: same. 0.30 FOR CURRENT SERVICES RENDERED 65.30 10,766.50 Page 116 of 743 Page: 4 CITY OF BOYNTON BEACH 07/03/2017 ACCOUNT NO: 306-9905111 STATEMENT NO: 15860 adv. Goldman, Barry (bike/grate accident) RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.60 $195.00 $117.00 INGRID RIERA 28.10 125.00 3,512.50 TRACEY A. DECARLO 31.70 195.00 6,181.50 SHARI C. WALLEN 4.90 195.00 955.50 Photocopies 106.05 TOTAL EXPENSES THRU 06/30/2017 106.05 TOTAL CURRENT WORK 10,872.55 BALANCE DUE $10,872.55 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 117 of 743 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905124 Boynton Beach FL 33425 STATEMENT NO: 15861 Attn: Lynn Swanson Broberg, Leif Complaint (2015) Billing Category: 18-RLO Claim#001470-000390-EP-01 HOURS 06/22/2017 TAD Receipt and review of correspondence from outside counsel re: motion to strike. Review motion to strike and prepare correspondence re: same. 0.30 FOR CURRENT SERVICES RENDERED 0.30 58.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.30 $195.00 $58.50 TOTAL CURRENT WORK 58.50 BALANCE DUE $58.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 118 of 743 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905132 Boynton Beach FL 33425 STATEMENT NO: 15862 Attn: Lynn Swanson adv. Wade, George (auto accident) Billing Category: 18-RLO Claim#001470-000380-AB-01 HOURS 06/08/2017 TAD Receipt and review of correspondence and report from Dr. Zeide re: additional records for plaintiff. 0.30 06/29/2017 TAD Receipt of correspondence from adjuster re: status. Prepare litigation status report. Review case law and reported verdicts re: information for report. Prepare revised budget for claim. 3.60 FOR CURRENT SERVICES RENDERED 3.90 760.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 3.90 $195.00 $760.50 TOTAL CURRENT WORK 760.50 BALANCE DUE $760.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 119 of 743 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905171 Boynton Beach FL 33425 STATEMENT NO: 15863 Attn: Lynn Swanson adv. Caliendo, Giovanni & Emily (code violation) Billing Category: 18-RLO Claim#001470-000400-PI-01 HOURS 06/16/2017 IR Reviewed tickler this date, regarding City's responses and/or objections to Plaintiff from their Interrogatories and Request for Production due 6.16.17; prepared email regarding City of Boynton Beach's responses and objections to Plaintiffs' discovery requests; re-review discovery propounded to City [4 interrogatories and 37 requests for production]; initial draft of email to opposing counsel requesting extension of time within which to file responses/objections; revised tickler for Tuesday 6.20.17. 1.10 06/22/2017 IR Online court docket searches to check if Plaintiffs filed their discovery responses by the agreed upon extension date [negative]; draft email to opposing counsel regarding the City of Boynton Beach's request for extension of time within which to file its Answers and/or Objections to interrogatories and its Responses and/or Objections to Plaintiffs' Request for Production; prepared email to our Team regarding same; 0.40 TAD Receipt and review of correspondence from plaintiff re: mediation and depositions and prepare response to same. 0.30 06/23/2017 IR Preparation of ticklers, to provide Plaintiffs with the City's answers to interrogatories and responses to request for production, now due on July 24, 2017. 0.20 06/27/2017 IR Review discovery responses draft to Plaintiff and prepared email regarding same; 0.40 06/30/2017 TAD Receipt and review of correspondence re:depositions and mediation and prepare response to same. 0.20 FOR CURRENT SERVICES RENDERED 2.60 360.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 2.10 $125.00 $262.50 TRACEY A. DECARLO 0.50 195.00 97.50 Page 120 of 743 Page: 2 CITY OF BOYNTON BEACH 07/03/2017 ACCOUNT NO: 306-9905171 STATEMENT NO: 15863 adv. Caliendo, Giovanni & Emily (code violation) TOTAL CURRENT WORK 360.00 BALANCE DUE $360.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 121 of 743 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905186 Boynton Beach FL 33425 STATEMENT NO: 15864 Attn: Lynn Swanson adv. Shevlin, Patrick (false arrest) Billing Category: 18-RLO Claim#001470-000395-PP-01 HOURS 06/02/2017 TAD Extended telephone conference with plaintiff re: potential settlement. 0.30 06/27/2017 TAD Extended telephone conference with the Plaintiff re: settlement. 0.30 06/28/2017 TAD Review claims from plaintiff re: information for status report and recommendation to city. 0.80 FOR CURRENT SERVICES RENDERED 1.40 273.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 1.40 $195.00 $273.00 TOTAL CURRENT WORK 273.00 BALANCE DUE $273.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 122 of 743 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905213 Boynton Beach FL 33425 STATEMENT NO: 15865 Attn: Lynn Swanson adv. Coupet, Kenson (parent of child injured) Billing Category: 18- RLO Claim#001470-000405-GB-01 HOURS 06/01/2017 TAD Telephone conference with Layne adjuster re: complaint. Review case law re:: non-delegable duty. Review contract documents re: indemnification issues . Draft motion to dismiss with supporting case law for claims against City. Receipt of claim package with medical expenses, claim letter and photographs. Prepare correspondence to City re: police and fire reports. 4.50 06/02/2017 TAD Extended telephone conference with Layne counsel re: indemnity demand and response to complaint. Review correspondence from City re: construction project. 0.40 06/05/2017 TAD Receipt and review of incident report from fire rescue and CAD report. Receipt of correspondence from City re: medical records. Telephone conference with parks manager re: claim. Receipt of construction project management contract re: potential third party claim. Prepare initial interrogatories and request for production to plaintiff. 3.60 06/06/2017 TAD Prepare memorandum re: information from Layne counsel. Review contract documents and specifications re: indemnity issues. Confer with utilities manager re: information on construction manager and on Layne issues. 2.30 06/08/2017 TAD Receipt and review of correspondence from Layne counsel re: response to complaint. 0.20 06/27/2017 TAD Revise motion to dismiss plaintiff's complaint to include additional arguments. Prepare correspondence re: status of demand. 0.90 FOR CURRENT SERVICES RENDERED 11.90 2,320.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 11.90 $195.00 $2,320.50 Page 123 of 743 Page: 2 CITY OF BOYNTON BEACH 07/03/2017 ACCOUNT NO: 306-9905213 STATEMENT NO: 15865 adv. Coupet, Kenson (parent of child injured) Photocopies 3.15 TOTAL EXPENSES THRU 06/30/2017 3.15 TOTAL CURRENT WORK 2,323.65 BALANCE DUE $2,323.65 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 124 of 743 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905216 Boynton Beach FL 33425 STATEMENT NO: 15866 Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18- RLO Claim#001470-000410-EP-01 HOURS 06/07/2017 TAD Receipt and review of additional records re: Plaintiffs prior fitness for duty evaluations; review pre-employment evaluation. Revise timeline for deposition of plaintiff. Receipt of correspondence from City re: plaintiffs employment and wages. 1.70 06/09/2017 TAD Receipt and review of information on federal action against plaintiff. Revise report to adjuster and City re: status. Telephone conference with City re: report issues. 0.80 06/14/2017 IR Meeting with TAD regarding discovery to Plaintiff; telephone conference with opposing counsel's office; revise response to request for production ; follow up meeting with TAD regarding updates. 2.30 TAD Receipt and review of correspondence from plaintiff re: production. Confer with IVR re: issues with production and resolution. 0.30 06/15/2017 IR Conference with TAD regarding discovery issues; prepared email to Plaintiff's counsel regarding update and receipt and review of his response to same; prepared tickler Re:: revised response. 1.20 06/20/2017 IR Receipt, review and response to email from Plaintiff's counsel [paralegal]; conference with TAD regarding same; review of list of responsive documents sent to Plaintiff in May 2017 Re: revised response. 1.20 FOR CURRENT SERVICES RENDERED 7.50 1,133.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 4.70 $125.00 $587.50 TRACEY A. DECARLO 2.80 195.00 546.00 Photocopies 17.85 Page 125 of 743 Page: 2 CITY OF BOYNTON BEACH 07/03/2017 ACCOUNT NO: 306-9905216 STATEMENT NO: 15866 adv. Ryan, Ronald (whistleblower PD) TOTAL EXPENSES THRU 06/30/2017 17.85 TOTAL CURRENT WORK 1,151.35 BALANCE DUE $1,151.35 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 126 of 743 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905232 Boynton Beach FL 33425 STATEMENT NO: 15867 Attn: Lynn Swanson adv. Barthelmy, Clorena (Vehicle Accident) Billing Category: 18- RLO Claim#001470-000415-AB-01 HOURS 06/05/2017 TAD Receipt and review of correspondence from adjuster and city re: release. Receipt of release. 0.20 FOR CURRENT SERVICES RENDERED 0.20 39.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.20 $195.00 $39.00 TOTAL CURRENT WORK 39.00 BALANCE DUE $39.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 127 of 743 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905233 Boynton Beach FL 33425 STATEMENT NO: 15868 Attn: Lynn Swanson adv. Hill, Ashley (Police-excessive force) Billing Category: 18- RLO Claim#001470-000378-PP-02 HOURS 06/08/2017 TAD Receipt of correspondence from outside counsel and release documents. 0.20 FOR CURRENT SERVICES RENDERED 0.20 39.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.20 $195.00 $39.00 TOTAL CURRENT WORK 39.00 BALANCE DUE $39.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 128 of 743 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905234 Boynton Beach FL 33425 STATEMENT NO: 15869 Attn: Lynn Swanson adv. Gonzalez, Maria de Jesus (police) Billing Category: 18- RLO Claim#001470-000-416-PP-01 HOURS 06/07/2017 TAD Receipt and review of correspondence re: claims status from City. 0.10 FOR CURRENT SERVICES RENDERED 0.10 19.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.10 $195.00 $19.50 TOTAL CURRENT WORK 19.50 BALANCE DUE $19.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 129 of 743 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905237 Boynton Beach FL 33425 STATEMENT NO: 15870 Attn: Lynn Swanson adv. Clemens, Jennifer ( Personal Injury) Billing Category: 18- RLO Claim#001470-000417-GB-01 HOURS 06/06/2017 TAD Receipt and review of complaint and discovery to City from Plaintiff. Review information on claim from GB and risk department. Prepare correspondence to the public works director re: information needed to evaluate liability claims. 2.80 06/08/2017 TAD Prepare correspondence to City re:information on sidewalk and claim. Receipt of response to same. 0.30 06/13/2017 TAD Meet and confer with public works director re: claims and ownership issues. Review documents and photographs and web information on the area. Confer with City re: franchise agreement with FPI re: response to complaint. 1.50 06/14/2017 TAD Receipt and review of complaint and discovery. Review case law re: motion to dismiss. Review claim file re: information on claim. 1.90 06/20/2017 TAD Receipt and review of franchise agreement and FPL acceptance. Revise demand letter. Review case law re: plaintiff claims for response to complaint. 2.40 06/23/2017 TAD Prepare answer, affirmative defenses and cross claim against FPL. Review case law re: cross claim. Prepare draft answers and objections to request for admissions to City. 5.30 06/26/2017 TAD Prepare correspondence to FPL counsel re: claim. Prepare correspondence to city re: claim information and response from FPL. Prepare draft answers and objections to interrogatories. 2.70 06/27/2017 TAD Receipt and review of correspondence from FPL counsel re: indemnity demand. Prepare correspondence to city re: response to complaint and information from FPL. Receipt of correspondence from public works re: information for discovery responses and prepare correspondence re: status update. Telephone conference with City re: defense of claims. 1.60 TAD Prepare correspondence to city re: notice of appearance. Prepare notice of abating action. 0.30 Page 130 of 743 Page: 2 CITY OF BOYNTON BEACH 07/03/2017 ACCOUNT NO: 306-9905237 STATEMENT NO: 15870 adv. Clemens, Jennifer ( Personal Injury) HOURS 06/28/2017 IR Review pleadings and Attorney Hoecker's recent Notice of Appearance on behalf of the City of Boynton Beach; created notes file and checked if any discovery propounded by the Plaintiff. 0.70 FOR CURRENT SERVICES RENDERED 19.50 3,753.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.70 $125.00 $87.50 TRACEY A. DECARLO 18.80 195.00 3,666.00 Photocopies 33.95 TOTAL EXPENSES THRU 06/30/2017 33.95 06/28/2017 Clerk of the Court- E-Filing - 58252707 400.00 400.00 TOTAL ADVANCES THRU 06/30/2017 400.00 TOTAL CURRENT WORK 4,187.45 BALANCE DUE $4,187.45 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 131 of 743 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905253 Boynton Beach FL 33425 STATEMENT NO: 15871 Attn: Lynn Swanson adv. Bolt, Barbara Dilger(MVA) Billing Category: 18- RLO Claim#001470-000422-AB-01 HOURS 06/08/2017 TAD Receipt and review of correspondence from City and adjuster re: claims. Review demand package and medical information re: issues for discussion with Risk. 1.30 FOR CURRENT SERVICES RENDERED 1.30 253.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 1.30 $195.00 $253.50 TOTAL CURRENT WORK 253.50 BALANCE DUE $253.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 132 of 743 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905268 Boynton Beach FL 33425 STATEMENT NO: 15872 Attn: Lynn Swanson adv. Louithelmy, Daphnee Billing Category: 18- RLO Claim#001470-000425-AB-01 HOURS 06/08/2017 TAD Receipt and review of correspondence re: claim from adjuster and City. 0.20 06/22/2017 TAD Receipt and review of correspondence from City re: information on accident. 0.20 FOR CURRENT SERVICES RENDERED 0.40 78.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.40 $195.00 $78.00 TOTAL CURRENT WORK 78.00 BALANCE DUE $78.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 133 of 743 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 07/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905273 Boynton Beach FL 33425 STATEMENT NO: 15873 Attn: Lynn Swanson adv. Hickman, Walteanna Billing Category: 18- RLO Claim#001470-000426-GB-01 HOURS 06/23/2017 TAD Receipt and review of correspondence from adjuster and city re: claim information from claimant attorney. 0.30 FOR CURRENT SERVICES RENDERED 0.30 58.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.30 $195.00 $58.50 TOTAL CURRENT WORK 58.50 BALANCE DUE $58.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 134 of 743 Risk-Outside Counsel Robert C Okon, P.A. Harris v City, Martinez 0.00 Lewis, Stroud & Deutsch, PL- May 2017 Hill v City 0.00 Harris v City 0.00 0.00 Roberts, Reynolds, Bedard &Tuzzio, PLLC-May 2017 Yesnick v City 630.30 Braswell v City 0.00 Boynton Old School v City 656.90 Andrews v Haugh 0.00 Hill v City 0.00 Kimsey v City& Brooks 308.00 Harris v City 0.00 Broberg v City 9,086.38 10,681.58 TOTAL May 2017 Outside Counsel - Risk 10,681.58 Page 135 of 743 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm each, Florida 33409 Telephone(561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach June 16, 2017 Attn: Julie Oldbury Bill No. 37441 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Boynton Old School v. Boynton Beach 13214 Claim#N/A BILL FOR FEES AND COSTS THROUGH 05/31/17 PROFESSIONAL SERVICES Date Services Attorney Hours 05/06/17 Receipt and review of e-mail from David Sales, counsel for AGA 0.30 Plaintiff, re: request for extension to file initial brief. 05/08/17 Receipt and review of e-mail from (follow-up email from) David LHR 0.30 Sales, counsel for Plaintiff, re: request for extension to file initial brief. 05/08/17 Preparation of email response to David Sales, counsel for LHR 0.30 Plaintiff, re: granting extension to file initial brief. 05/09/17 Receipt and review of Plaintiffs Notice of Agreed Extension of LHR 0.30 Time to File Initial Brief. 05/10/17 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Notice of Agreed Extension of Time to File Initial Brief. 05/25/17 Receipt and review of e-mail from David Vitale, Plaintiffs LHR 0.20 counsel re: questions concerning if we had retained court reporter for July 11, 2016 special set hearing on the Motion to Dismiss. 05/25/17 Preparation of email response to David Vitale, Plaintiffs LHR 0.20 counsel re: answering his questions and advising Florida Court Reporting was retained court reporter for July 11, 2016 special set hearing on the Motion to Dismiss. 05/26117 Receipt and review of e-mail from David Sales, counsel for AGA 0.20 Plaintiff, re: supplementing the appeal record with a hearing transcript. 05/26/17 Preparation of email response to (initial email) David Sales, AGA 0.20 counsel for Plaintiff, re: supplementing the appeal record with a hearing transcript. Page 136 of 743 Client: City of Boynton Beach June 16, 2017 Matter: 13214- Boynton Old School v. Boynton Beach Page 2 PROFESSIONAL Date Services Attorney 05/27/17 Preparation of email response to David Sales, counsel for GPR1 0.20 Plaintiff, re: supplementing the appeal record with a hearing transcript. 05/30/17 Receipt and review of transcript of hearing on City's Motion to LHR 0.90 Dismiss Plaintiffs Third Amended Complaint held before Judge Keyser on July 11, 2016. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGA Andrea G. Amigo, Partner 0.70 165.00 115.50 GPR1 George P. Roberts, Jr., Of Counsel 0.20 165.00 33.00 LHR Lyman H. Reynolds, Jr., Partner 2.40 165.00 396.00 Total Professional Services 3.30 DISBURSEMENTS Date Description Amount 05/26/17 Court Reporter#172271: Condensed depo of Judge 112.40 Gregory Keyser, backordered from 7111116. - Florida Court Reporting Total Disbursements CURRENT BILL TOTAL AMOUNT DUE $ 666.90 Balance Forward: 247.50 Payments &Adjustments: -0.00 Total Page 137 of 743 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 37"1 Bill Date: June 16, 2017 Client Code: 032 Client Name: City of Boynton each Matter Code: 13214 Matter Name: Boynton Old School v. Boynton each Total Professional Services 544-50 Total Disbursements 112.40 CURRENT BILL TOTAL AMOUNT DUE $ 656-90 Balance Forward: 247-50 Payments&Adjustments: -0-00 Total Due- $ 904.40 Past Due Balance 247,50 TOTAL AMOUNT DUE $904.40 Page 138 of 743 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone(561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach June 16, 2017 Attn: Julie Oldbury Bill No. 37442 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Yesnick v. Boynton Beach 13300 Claim#N/A BILL FOR FEES AND COSTS THROUGH 05/31/17 PROFESSIONAL SERVICES Date Services Attorney Hours 05/01/17 Review of file materials in preparation of upcoming hearing on AGA 0.60 Plaintiffs Motion to Withdraw as Counsel. 05/02/17 Attendance at hearing on Plaintiffs Motion to Withdraw as AGA 2.50 Counsel before Judge French at the Palm Beach County Courthouse. 05/02/17 Correspondence to Julie Oldbury, re: outcome of hearing on AGA 0.30 Plaintiffs Motion to Withdraw as Counsel before Judge French. 05/03/17 Receipt and review of Court's executed Order on Plaintiffs LHR 0.20 Motion to Withdraw as Counsel. 05/31/17 Receipt and review of Court's executed Order Setting Hearing LHR 0.20 on Plaintiffs Request for Extension to Obtain Counsel. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGA Andrea G. Amigo, Partner 3.40 165.00 561.00 LHR Lyman H. Reynolds, Jr., Partner 0.40 165.00 66.00 Total Professional Services 3.80 $627.00 DISBURSEMENTS Date Description Amount 05/03/17 Costs Advanced WPB: Parkng, attend hearing, Pif s 3.00 M/Wthdraw as Counsel. -Andrea Amigo Photocopies thru 05131/17 0.30 Page 139 of 743 Client: City of Boynton Beach June 16, 2017 Matter: 13300 -Yesnick v, Boynton Beach Page 2 DISBURSEMENTS Date Description Amount Total Disbursements CURRENT BILL TOTAL AMOUNT DUE $ 630.30 Balance Forward: 346.50 Payments &Adjustments: -0.00 Total Due: $ 976.80 Page 140 of 743 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-1 01 West Palm Beach, Florida 33409 Bill Number: 37442 Bill Date: June 16, 2017 Client Code: 032 Client Name: C4 of Boynton each Matter Code: 13300 Matter Name: Yesnick v. Boynton each Total Professional Services 627.00 Total Disbursements 3.30 CURRENT BILL TOTAL AMOUNT DUE $ 630-30 Balance Forward: 346.50 Payments &Adjustments: -0-00 Total Due: $ 976.80 Past Due Balance 346.50 TOTAL AMOUNT DUE $976.80 Page 141 of 743 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone(561)688-6560 Tax ID No.65-0004867 City of Boynton Beach June 16, 2017 Attn: Julie Oldbury Bill No. 37443 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Broberg v. Boynton Beach et al. 15414 Claim#001470-000390-EP-01 BILL FOR FEES AND COSTS THROUGH 05/31/17 PROFESSIONAL SERVICES Date Services Aftorney Hours 05/01/17 Preparation of e-mail to Plaintiffs counsel, Adrian Alvarez, and LHR 0.20 co-counsel for Defendant, Boynton Beach, re: hearing on Motion to Request Privacy Act Order. 05/02/17 Preparation of e-mail to Plaintifrs counsel, Adrian Alvarez, re: LHR 0.20 hearing on Motion to Request Privacy Act Order. 05/02/17 Drafting of Notice of Hearing on Motion to Request Privacy Act LHR 0.20 Order. 05/02/17 Telephone conference with Harriett Lewis, counsel for LHR 0.30 Crawford, re: her questions concerning status of Asst. Chief Crawford and our understanding she is out of the case. 05/02/17 Correspondence to Federal Bureau of Investigation, George LHR 0.20 Piro, re., Notice of Hearing on Motion to Request Privacy Act Order. 05/02/17 Receipt and review of e-mail from with attached LHR 0.20 correspondence from attorney Harriet Lewis to Plaintiffs counsel, Adrian Alvarez, re: dismissal of case against Defendant, Assistant Chief Suzanne Crawford and service of documents. 05/02/17 Receipt and review of e-mail from excess carrier representative LHR 0.20 Christine O'Brien re: her questions concerning estimation of 40-50 percent chance of full defense verdict in latest update evaluation. 05/02/17 Preparation of email response to excess carrier representative LHR 0.30 Christine O'Brien re: answering her questions and providing additional analysis as to rationale behind provided 40-50 percent chance of full defense verdict in latest update evaluation. Page 142 of 743 Client: City of Boynton Beach June 16, 2017 Matter: 15414- Broberg v. Boynton Beach et al. Page 2 PROFESSIONAL SERVICES Date Services 05/02/17 Receipt and review of second e-mail from excess carrier LHR 0.20 representative Christine O'Brien re: acknowledging input as to estimated changes of defense verdict. 05/02/17 Preparation of second e-mail response to excess carrier LHR 0.20 representative Christine O'Brien re: status of case. 05/03/17 Drafting of proposed order on Motion to Request Privacy Act LHR 0.20 Order. 05/03/17 Legal research in support of Motion to Strike Plaintiffs Reply to JHL 4.20 City's Affirmative Defenses. 05/04/17 Initial preparation of City's Motion to Strike Plaintiffs Reply to JHL 5.70 City's Affirmative Defenses. 05/15/17 Research Judge Gillen's judicial procedures in order to prepare JHL 0.30 package on Motion for a Privacy Act Order. 05/15/17 Review the deposition of Leif Broberg for citations in support of JHL 4.40 City's Motion for Summary Judgment. 05/16/17 Review audio of statement of Suzanne Crawford for use in JHL 0.60 City's Motion for Summary Judgment. 05/17/17 Research issues of adverse action and retaliation for City's JHL 3.50 Motion for Summary Judgment. 05/18/17 Review Plaintiffs Complaint, Answers and Responses to RKD 0.80 Interrogatories and Requests for Production, emails provided by City of Boynton Beach, Plaintiffs personnel file, and other case materials to prepare potential exhibits for use at deposition of Chief Jeffrey Katz. 05/18/17 Preparation of initial statement of facts in City's Motion for JHL 2.30 Summary Judgment. 05/19/17 Initial drafting of memorandum of law with analysis in City's JHL 7.80 Motion for Summary Judgment. 05/19/17 Review Plaintiffs Complaint, Plaintiffs Answers and Responses RKD 0.50 to discovery responses, emails and documents received from City, and other case materials to prepare potential exhibits for use at Plaintiffs deposition of Chief Jeffrey Katz. 05/20/17 Preparation of e-mail to Tracey DeCarlo, counsel for City, re: AGA 0.20 affirmative defenses. 05/22/17 Correspondence to Judge Gillen re: Defendant, City of Boynton AGA 0.30 Beach's Motion to Request Privacy Act Order. 05/22/17 Extensive telephone conference with Tracey DeCarlo re AGA 0.40 Collective Bargaining Agreement, reply to Plaintiffs response to our Affirmative Defenses and defense strategies. 05/22/17 Further drafting of memorandum of law/analysis in City's Motion JHL 5.60 for Summary Judgment. 05/22/17 Preparation for Plaintiffs deposition of Chief Jeffrey Katz the LHR 1.20 next day. Page 143 of 743 Client: City of Boynton Beach June 1 , 2017 Matter: 15414- Broberg v. Boynton Beach et al. Page SERVICESPROFESSIONAL Date Services r 05/23/17 Obtain addresses for serving subpoenas for records to Dr. RKD 0.30 Brodner, Dr. Eskenazi, and Delray Shooting Center for records pertaining to Plaintiff, Leif Broberg. 05/23/17 Attendance at Plaintiffs deposition of Chief Jeffrey Katz at City LHR 6.80 Hall in Boynton Beach, FL (deposition continued due to its length). 05/24/17 Receipt and review of e-mail from Plaintiffs counsel Cohen re: LHR 0.20 continued deposition of Chief Jeffrey Katz. 05/24/17 Preparation of e-mail to City Paralegal Lynn Swanson re: LHR 0.20 continued deposition of Chief Jeffrey Katz. 05/24/17 Obtain addresses for serving public records requests to RKD 0.40 Maitland Police Department, Seminole Tribe of Florida, Palm Springs Police Department, and Gulf Stream Police Department to retrieve records related to Leif Broberg. 05/24/17 Preparation of initial draft of public records requests to Maitland AGA 1.20 Police Department, Seminole Tribe of Florida, and Gulf Stream Police Department to retrieve records related to Leif Broberg's alleged applications submitted for positions within their police departments. 05/24/17 Preparation of initial draft of subpoena for records duces tecum AGA 0.40 to Delray Shooiting Center for records pertaining to Leif Broberg's alleged applications submitted for positions, consulting positions previously held, and any memberships held by Plaintiff. 05/25/17 Preparation of authorization for release of US military records AGA 0.30 pertaining to Plaintiff Leif Broberg for Plaintiffs execution of same. 05/25/17 Preparation of City of Boynton Beach's Second Request to LHR 1.10 Produce to Plaintiff, Leif Broberg. 05/25/17 Preparation of City of Boynton Beach's Second Set of LHR 1.20 Interrogatories to Plaintiff, Leif Broberg. 05/25/17 Receipt and review of e-mail from Plaintiffs counsel Cohen re: LHR 0.20 status of continued deposition of Chief Katz. 05/25/17 Preparation of email response to Plaintiffs counsel Cohen re: LHR 0.20 status of continued deposition of Chief Katz. 05/26/17 Receipt and review of Plaintiffs Second Request for Production LHR 0.50 of Documents to Defendant City of Boynton Beach. 05/30/17 Preparation of Statement of Assurance (HIPAA)to Dr. Robert LHR 0.10 Brodner pertaining to Plaintiff, Leif Broberg. 05/30/17 Preparation of Statement of Assurance (HIPAA) to Delray LHR 0.10 Shooting Center pertaining to Plaintiff, Leif Broberg. 05/30/17 Preparation of Statement of Assurance (HIPAA)to Spine LHR 0.10 Institute of South Florida pertaining to Plaintiff, Leif Broberg. 05/30/17 Preparation of Notice of Production from Non-Party directed to LHR 0.20 Dr. Robert Brodner pertaining to Plaintiff, Leif Broberg. Page 144 of 743 Client: City of Boynton Beach June 16, 2017 Matter: 15414- Broberg v. Boynton Beach et al. Page PROFESSIONALI Date Services 05/30/17 Preparation of Notice of Production from Non-Party directed to LHR 0.20 Delray Shooting Center pertaining to Plaintiff, Leif Broberg. 05/30/17 Preparation of Notice of Production from Non-Party directed to LHR 0.20 Spine Institute of South Florida pertaining to Plaintiff, Leif Broberg. 05/30/17 Preparation of Notice of Production from Non-Party directed to LHR 0.20 Dr. Robert Brodner pertaining to Plaintiff, Leif Broberg. 05/30/17 Preparation of subpoena duces tecum directed to Dr. Robert LHR 0.20 Brodner pertaining to Plaintiff, Leif Broberg. 05/30/17 Preparation of subpoena duces tecum directed to Delray LHR 0.20 Shooting Center pertaining to Plaintiff, Leif Broberg. 05/30/17 Preparation of subpoena duces tecum directed to Dr. Robert LHR 0.20 Brodner pertaining to Plaintiff, Leif Broberg. 05/30/17 Preparation of e-mail to City Paralegal Lynn Swanson re: follow LHR 0.20 up for continued deposition of Chief Jeffrey Katz. 05/30/17 Receipt and review of email response from City Paralegal Lynn LHR 0.20 Swanson re: status of continued deposition of Chief Jeffrey Katz. 05/30/17 Receipt and review of second e-mail from City Paralegal Lynn LHR 0.20 Swanson re: continued deposition of Chief Jeffrey Katz. 05/30/17 Preparation of e-mail to Plaintiffs counsel Matt Cohen re: LHR 0.20 continued deposition of Chief Jeffrey Katz. 05/30/17 Preparation of second e-mail response to City Paralegal Lynn LHR 0.20 Swanson re: continued deposition of Chief Jeffrey Katz. 05/30/17 Preparation of public records request pertaining to Plaintiff, Leif LHR 0.40 Broberg, to Maitland Police Department. 05/30/17 Preparation of public records request pertaining to Plaintiff, Leif LHR 0.40 Broberg, to Seminole Tribe of Florida Police Department. 05/30/17 Preparation of public records request pertaining to Plaintiff, Leif LHR 0.40 Broberg, to Gulf Stream Police Department. 05/30/17 Preparation of public records request pertaining to Plaintiff, Leif LHR 0.40 Broberg, to Palm Springs Police Department. 05/30/17 Review/Analyze City's Motion for Privacy Act Order, the exhibits NSM 2.00 thereto, and the case law cited therein in order to prepare for the hearing on said Motion. 05/31/17 Receipt and review of e-mail from Plaintiffs counsel Alvarez re: LHR 0.20 continued deposition of Chief Katz in July. 05/31/17 Preparation of email response to Plaintiffs counsel Alvarez re: LHR 0.20 continued deposition of Chief Katz in July. 05/31/17 Preparation of e-mail to City Attorney Lynn Swanson re: LHR 0.20 continued deposition of Chief Katz. Page 145 of 743 Client: City of Boynton Beach June 16, 2017 Matter: 15414 - Broberg v. Boynton Beach et al. Page 5 PROFESSIONALI Date Services re 05/31/17 Receipt and review of email response from City Paralegal Lynn LHR 0.20 Swanson re: advising Chief Katz has no availability in July for his continued deposition and status of providing August dates for same. 05/31/17 Preparation of second e-mail response to Plaintiffs counsel LHR 0.20 Alvarez re: issues with continued deposition of Chief Katz in July and status of August availability. SERVICESPROFESSIONAL Code Name Hours Rate Amount AGA Andrea G. Amiga, Partner 2.80 165.00 462.00 JHL Jordan H. Lewis, Associate 34.40 140.00 4,816.00 LHR Lyman H. Reynolds, Jr., Partner 19.30 165.00 3,184.50 NSM Nicholas S. Madsen, Associate 2.00 140.00 280.00 RKD Rebecca K. Davis, Paralegal 2.00 80.00 160.00 Total Professional Services 60.60 $8,902.50 DISBURSEMENTS Date Description Amount 05/23/17 Travel Boynton Beach: attend Plfs depo, Chief Jeffrey 25.68 Katz, at City Hall. Mileage 48 x .535 = $25.68. - Lyman H. Reynolds, Jr. 05/23/17 Costs Advanced Boynton Beach: attend Plfs depo, Chief 17.50 Jeffrey Katz. - Lyman H. Reynolds, Jr. 05/31/17 Photocopies 33.30 05/31/17 Photocopies Color copies 107.40 Total Disbursements CURRENT BILL TOTAL AMOUNT DUE 9,086.38 Balance Forward: 5,972.80 Payments &Adjustments: -0.00 Total $ 15,069-18 Page 146 of 743 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 37"3 Bill Date; June 16, 2017 Client Code: 032 Client Name: City of Boynton each Mafter Code: 15414 Matter Name: Broberg v. Boynton Beach et al. Total Professional Services 8,902.50 Total Disbursements 183.88 CURRENT BILL TOTAL AMOUNT DUE $ 9,086.38 Balance Forward: 5,972.80 Payments &Adjustments: -0.00 Total Due: $ 16,069.18 Past Due Balance 5,972.80 TOTAL AMOUNT DUE $15,069.18 Page 147 of 743 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm each, Florida 33409 Telephone(561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach June 22, 2017 Attn: Julie Oldbury Bill No. 37657 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Kimsey v. Boynton Beach & Brooks 12364 Claim#N/A BILL FOR FEES AND COSTS THROUGH 05/31/17 PROFESSIONAL SERVICES Date Services Attorney Hours 05/24/17 Research the court docket to determine whether the Estate for SAK 0.20 Kimsey has been opened. 05/24/17 Research the sanction of dismissal in preparation of drafting SAK 0.90 the Defendants Motion to Dismiss Plaintiffs Complaint. 05/24/17 Draft/Revise Defendant's Motion to Dismiss Plaintiffs SAK 1.10 Complaint. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount SAK Scott A. Kantor, Associate 2.20 140.00 308.00 Total Professional Services 2.20 $308.00 CURRENT BILL TOTAL AMOUNT DUE $ 308-00 Balance Forward: 112.50 Payments &Adjustments: -0.00 Total Due: $ 420.60 Page 148 of 743 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 37667 Bill Date- June 22, 2017 Client Code: 032 Client Name; City of Boynton Beach Matter Code: 12364 Matter Name: Kimsey v. Boynton Beach & Brooks Total Professional Services 308.00 Total Disbursements 0.00 CURRENT BILL TOTAL AMOUNT DUE $ 308.00 Balance Forward: 112.50 Payments &Adjustments: -0.00 Total Due: $ 420.60 Past Due Balance 112.50 TOTAL AMOUNT DUE $420.60 Page 149 of 743 6.E. CONSENTAGENDA 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: Accept the Fiscal Year 2016-2017 Budget Status Report of the General Fund and the Utilities Fund for the eight (8) month period ended May 31, 2017. EXPLANATION OF REQUEST: This report summarizes the adopted funding sources and expenditure budgets for the City's General Fund and Utility Fund for the eight (8) month period ended May 31, 2017 (67% of the fiscal year). The analysis compares: • Actual results for the current period to the annual budget • Actual results for the same period of the prior year annual budget HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The annual budget is what provides and controls the resources for City programs and services. FISCAL IMPACT: The annual budget and results to date for the General Fund and Utility Fund. GENERALFUND FY 2016-17 FY 2015-16 FY 2017 vs. 2016 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $ 79,401 $ 65,261 82% $ 76,518 $ 63,325 83% 3.8% 3.1% &Transfers Expenditures $(79,401) $(54,666) 69% $(76,518) $(53,743) 70% 3.8% 1.7% Excess (Deficit) $- $ 10,595 $- $ 9,582 The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $10.6M surplus for the period ending May 31, 2017. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of$64.6M or 81% of our total $79AM General Fund budget estimate for FY 2016-17. Transfers from other funds (non-revenues) provide $14.8M or 19% of the total funding sources to balance our $79AM General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 40% - $ 31.6M —Property taxes less Tax Increment Financing to the CRA 2. 41% - $ 33.OM —All other revenues plus General Fund Balance 3. 19% - $ 14.8M —Transfers from other funds 100% - $ 79AM —Total funding sources Page 150 of 743 The property tax rate for FY 2016-17 is 7.9000 mills, no change from the prior year; the net property taxes of $31.6M in FY 2016-17 represent an 7.48% increase in property tax revenue or an increase of$2.2M from FY 2015-16. To balance the budget in FY 2016-17, it required transfers from other funds of$14.8M representing 19% of all funding sources. Actual Funding Sources Realized: At the end of the eighth month in FY 2016-17, revenues and transfers realized are approximately $65.2M of the budget estimate compared to $63.3M realized to date in FY 2015-16. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $30.5M as compared to $28.6M for FY 2015-16, as noted on Exhibit A. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 3.8% from$76.5M to $79.4M. The budget increase was due to the cost of doing business, providing funding related to wage increases, equipment and additional personnel. Actual Expenditures — General Fund expenditures for the eight month period ending May 31 (67% of the fiscal year) are $54.6M which is 69% of the $79AM expenditure appropriation for FY 2016-17. Note: the City's annual pension obligations for General Employees, Fire, and Police are paid in the first month of the fiscal year. The table at the top of Exhibit B displays actual expenditures of $54.6M or 69% of the FY 2016-17 budget. At this point in the fiscal year, FY2016-17 spending levels are $.9M ahead of the $53.7M or 70% expended in FY 2015-16 for this same period. UTILITY FUND The FY 2016-17 annual expenditure budget of $42.24M represents a $27K increase from the FY 2015-16 budget of $42.21M. The operational forecast reflects an estimated increase of $1.2M of the fund balance for FY 2016-17. FY 2016-17 FY 2015-16 FY 2017 vs. 2016 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $42,245 $29,998 71% $42,218 $29,821 71% 0.1% 0.6% &Transfers Expenditures $(42,245) $(27,279) 65% $(42,218) $(26,950) 64% 0.1% 1.2% Excess (Deficit) $- $ 2,719 $- $2,871 For the eight month period in FY 2016-17, • Revenues realized are $29.9M (71%) of the annual budget estimate. • Expenditures incurred are $27.2M (65%) of the annual appropriated budget. This resulted in revenues in excess expenditures which yielded a surplus of approximately $2.7M. Expenditures (Exhibit D)— Utility Fund FY 2016-17 expenditures to date are $27.2M or 65% of the annual appropriation compared to expenditures of $26.9M or 64% for the prior fiscal year (which excludes Page 151 of 743 depreciation and the joint ventures expenditures). ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City Commission meeting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum GF Financial Report® Revenues, ending May 31, 2017 D Addendum GF Financial Report® Expenses, ending May 31, 2017 D Addendum UF Financial Report® Revenues ending May 31, 2017 D Addendum UF Financial Report® Expenses, ending May 31, 2017 REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 7/12/2017® 1:39 PM Finance Howard, Tim Approved 7/12/2017® 1:39 PM City Manager LaVerriere, Lori Approved 7/14/2017® 9:32 AM Page 152 of 743 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended May 31,2017(67%of Fiscal Year) REVENUES FY 2016-17 FY 2016-17 TO DATE FY 2015-16 FY 2015-16 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE % APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED AD VALOREM TAXES,net $ 38,322,309 $ 37,267,885 97% $ 35,437,711 34,592,038 98% LESS TIF TAXES TO CRA 6,682,137 (6,682,137) 100% 5,985,241 (5,985,241) 100% NET TAXES TO THE CITY 31,640,172 30,585,748 97% 29,452,470 28,606,797 97% LICENSES AND PERMITS BUSINESS TAXES 1,656,000 1,628,204 98% 1,545,000 1,567,024 101% BUILDING PERMITS 2,417,000 1,528,206 63% 2,154,000 1,531,441 71% FRANCHISE FEES 5,065,000 2,998,163 59% 4,830,000 3,105,761 64% OTHR LICENSES,FEES&PER 218,000 206,814 95% 180,000 208,846 116% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 85,000 9,170 11% 130,000 25,811 20% STATE SHARED REVENUES 8,674,000 5,149,491 59% 8,239,000 5,513,169 67% SHRD REV FROM OTHR LCL 310,000 93,161 30% 395,000 109,844 28% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 121,300 134,833 111% 121,300 120,133 99% CHRGS-GENERAL GOVT 459,500 334,215 73% 459,000 317,684 69% PUBLIC SAFETY 5,133,816 5,265,680 103% 4,870,949 4,219,237 87% PHYSICAL ENVIRONMENT 20,000 1,850 9% 20,000 12,059 60% CULTURE/RECREATION 415,500 325,249 78% 410,500 302,124 74% INTEREST&MISC REVENUE LIBRARY FINES 30,000 14,757 49% 30,000 10,596 35% VIOLATIONS LOCAL ORD. 720,000 360,527 50% 595,000 493,268 83% INTEREST EARNINGS 50,000 43,812 88% 50,000 50,199 100% RENTS AND ROYALTIES 368,800 326,746 89% 367,200 234,864 64% SPECIAL ASSESSMENTS 5,541,500 5,431,755 98% 5,541,500 5,438,407 98% SALE OF SURPLUS MATERIAL 2,000 1,599 80% 2,000 1,187 59% OTHER MISC.REVENUE 625,000 255,180 41% 233,000 194,909 84% INTERNAL FUND TRANSFERS TRANSFERS 14,842,000 9,894,667 67% 16,442,000 10,961,333 67% FUND BALANCE APPROPRIATED 1,006,726 671,151 67% 450,645 300,430 67% Total Revenues $ 79,401,314 $ 65,260,978 82% $ 76,518,564 63,325,123 83% $90,000 Two Year Cumulative Revenue Comparison and CFY $80,000 Budget-($in thousands) y �` c a, $79,401 $70,000 ti4Pp $60,000 $50,000 - q' n,lb mti k ��Cr��CY yeti � f t� ,$40,000 1$30,000 ' ( JJ 1$20,000 �� a x $10,000 q`' $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2015-16 Actual Cumulative 2016-17 Actual 2016-17 Budget 5:A FinanceTinancial Repor[sAlonthly Financial Repor[sTY2016-2017\Budget Review-GF-tlr May 175urwuwized001 Revenue Summary Revised Page 153lof 743 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended May 31,2017(67%of Fiscal Year) EXPENDITURES FY 2016-17 FY 2016-17 TO DATE FY 2015-16 FY 2015-16 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 231,706 $ 184,057 79% $ 260,692 $ 148,664 57% CITY MANAGER 696,119 523,910 75% 675,310 461,111 68% CITY HALL/GEN.ADMIN. 4,039,726 1,506,466 37% 2,441,639 1,407,190 58% MARKETING/COMMUNICATIONS 314,841 189,177 60% 234,811 170,363 73% CITY CLERK 605,165 350,518 58% 611,709 421,192 69% CITY ATTORNEY 615,411 317,154 52% 645,944 369,910 57% FINANCIAL SERVICES 1,186,767 738,853 62% 1,175,704 847,598 72% ITS 2,247,432 1,408,992 63% 1,921,828 1,332,069 69% HUMAN RESOURCES 806,830 497,115 62% 720,200 456,731 63% PUBLIC SAFETY UNIFORM SERVICES 16,197,211 11,856,055 73% 15,809,178 11,307,783 72% ADMINISTRATIVE SERVICES 3,715,348 2,511,670 68% 5,269,636 3,783,589 72% SUPPORT SERVICES 9,151,124 6,876,452 75% 8,782,483 6,493,439 74% FIRE 21,789,868 16,197,595 74% 22,767,587 16,224,569 71% COMMUNITY STANDARDS 2,191,683 1,186,554 54% 0 0 0% EMERGENCY MANAGEMENT 22,870 4,584 20% 81,914 6,582 8% BUILDING&DEVELOPMENT DEVELOPMENT 1,091,800 793,400 73% 1,013,150 728,543 72% BUILDING 1,200,588 884,424 74% 1,184,195 763,816 65% ENGINEERING 693,132 468,016 68% 716,777 505,759 71% PLANNING&ZONING 733,234 546,806 75% 757,498 549,314 73% ECONOMIC DEVELOPMENT 231,749 122,389 53% 245,731 133,631 54% PUBLIC WORKS PUBLIC WORKS 223,397 173,893 78% 235,695 163,518 69% FACILITIES MANAGEMENT 1,851,035 1,056,273 57% 1,541,462 1,033,295 67% STREETS MAINTENANCE 1,128,602 660,734 59% 1,100,307 694,229 63% LEISURE SERVICES LIBRARY 2,253,461 1,577,424 70% 2,261,401 1,594,413 71% SCHOOLHOUSE MUSEUM SERV 269,372 185,172 69% 301,653 217,538 72% RECREATION 2,960,081 1,985,998 67% 2,990,094 2,074,286 69% PARKS&GROUNDS 2,952,762 1,839,544 62% 2,771,966 1,831,856 66% CRA REIMBURSABLE&RESERVES - 23,100 0% - 22,065 0% Total Expenditures $ 79,401,314 $ 54,666,325 69% �$-- 76 518 564 $ 53,743,053 70% $90,000 Two Year Cumulative Expenditure Comparison and CFY Budget-($in thousands) $80,000 ,° $79,401 ^^b �hq $70,000 yti u..0 .Eib $60,000 1 $50,000 aLob $40,000 , �, ey $30,000 $20,000 et $10,000 , 61........ .... $0 h.. r Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2015-16 Actual Cumulative 2016-17 Actual 2016-17 Budget S:TinanceTinancial ReportsAlonthty Financial Reports\FY2016-2017\Budget Review-GF-thm May 17 Summarized001 Expenditure Summary Revised Page 154,of 743 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended May 31,2017(67%of Fiscal Year) REVENUES FY 2016-17 FY 2016-17 TO DATE FY 2015-16 FY 2015-16 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED WATER SALES $ 20,250,000 $ 14,801,016 73% $ 19,490,000 $ 13,977,093 72 WATER CONNECTION FEE 25,000 57,262 229% 25,000 33,600 134 WATER SERVICE CHARGE 750,000 678,585 90% 750,000 562,670 75 WTR-BACKFLOW PREVNTR TEST 10,000 9,500 95% 5,000 13,650 273 RECLAIMED WATER SALES 60,000 47,088 78% 60,000 38,763 65 SEWER SERVICE 18,500,000 12,641,337 68% 17,988,000 12,553,584 70 STORMWATER UTILITY FEE 3,800,000 2,550,525 67% 3,790,000 2,518,799 66% TELEVISE SEWER LINES 3,500 107 3% 2,500 5,180 207% FEES 15,000 4,150 28% 10,000 18,730 187 INTEREST INCOME 35,000 8,600 25% 40,000 22,293 56% SALE OF SURPLUS EQUIP. - 1,655 0% - 975 0 OCEAN RGE UT TAX ADM CHG 800 483 60% 800 555 69 BAD DEBT RECOVERIES - - 0% 500 - 0 MISCELLANEOUS INCOME 438 0% - 37,645 0% TRANSFER FROM SANITATION FUND - 0% - - 0 FUND BALANCE DECREASE(INCREASE) (1,204,004) (802,669) 67% 56,108 37,405 67 TOTAL REVENUES $ 42,245,296 $ 29,998,077 71% $ 42,217,908 $ 29,820,942 71 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $50,000 _ ti Two Year Cumulative Revenues Comparison and h CFY Budget-($in thousands) ti 41, $42,245 $40,000 ati° �M tim M` ri I $30,000 e tis' L1 y�r,y �qh r1n. cx'9'ti 6ti 0lb ,b a� 000 $10,000 yo A" $0 _ ca L ',. $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2015-16 Actual MOM Cumulative 2016-17 Actual 2016-17 Budget ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 5:\Finance\Financial Reports\Monthly Financial Reports\FY2016-2017\Budget Review-OF-thru May 17 Summanwd401 Rev Sum Page 155 of 743 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended May 31,2017(67%of Fiscal Year) EXPENDITURES FY 2016-17 FY 2016-17 TO DATE FY 2015-16 FY 2015-16 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED APPROVED EXPENDED APPROVED EXPENDED WATER DISTRIBUTION $ 1,814,027 $ 1,331,037 73% $ 1,659,754 $ 1,157,508 70% PUBLIC WATER TREATMENT 5,677,432 3,770,403 66% 5,691,571 3,431,420 60% METER READING&SERVICES 1,068,186 818,915 77% 1,208,362 707,782 59 WASTEWATER COLLECTION 1,619,933 996,125 61% 1,720,597 1,083,861 63 WASTEWATER PUMPING STATNS 2,586,495 1,609,847 62% 2,622,842 1,679,016 64% SEWAGE TREATMENT 4,260,386 1,744,856 41% 4,405,000 2,403,051 55 WATER QUALITY 650,776 367,661 56% 662,894 450,403 68 UTILITY ADMINISTRATION 14,710,941 9,700,323 66% 14,472,294 9,436,997 65% UTILITES ENGINEERING 1,365,747 1,041,119 76% 1,150,746 874,719 76% STORMWATER MAINTENANCE 966,364 653,808 68% 978,291 633,958 65% CUSTOMER RELATIONS 1,446,521 964,323 67% 1,562,822 979,460 63% DEBT SERVICE 6,078,488 4,281,114 70% 6,082,735 4,112,070 68% Total Expenditures $ 42,245,296 $ 27,279,531 65% $ 42,217,908 $ 26,950,245 64% -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $50,000 Two Year Cumulative Expenditures Comparison and CFY Budget-($in thousands) M� I ted' $40,000 �1�' 42245 hti roti $30,000 �hh tidy �� 'b' L $20,000 _�y♦Ltihb..._�1 _ a w° 11' by $10,000roti41 h' wti $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep =Cumulative 2015-16Actual Ill Cumulative 2016-17 Actual 2016-17 Budget -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 5:\Finance\Financial Reports\Monthly Financial Reports\FY2016-2017\Budget Review-OF-thru May 17 Summanwd401 Exp Sum Page 156 of 743 6.F. CONSENTAGENDA 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: 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 July 18, 2017 - "Request for Extensions and/or Piggybacks" EXPLANATION OF REQUEST: 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 RFP/BID RENEWAL TERM NUMBER Grainger MRO: Facilities Maintenance State of Florida No. July 1, 2017 thru Supplies (WSCA) 450-000-11-ACS December 31, 2017 Rehrig Pacific Supply of Injection Molded 048-2510-15/J MA July 20, 2017 thru July Company Refuse Containers and Parts 19, 2018 Canteen Vending Vending Machine (Revenue 070-1410-16/J MA August 1, 2017 thru July Generating Contract) 31, 2018 Anchors Emergency Board-up and/or Secure Q-058-2111- August 1, 2017 thru July Board-up Services 15/J MA 31, 2018 MedaPoint, Inc. AdvanceClaim Two-Party August 12, 2017 thru EMS/Ambulance Billing Agreement signed August 11, 2018 Software 8/12/14; Reso. R14- 065 Lou Bachrodt Annual supply of Original 060-1412-16/MFD August 17, 2017 thru Freightliner Equipment Manufacturer August 16, 2018 (OEM) Service and Parts for Freightliner Vehicles and Equipment Eagle Auto Parts; Annual Supply of Large/Heavy 059-1412-16/MFD August 17, 2017 thru Kenworth of South Duty Vehicle Aftermarket August 16, 2018 Florida; L& L Parts, Accessories and Distributors; Lou Supplies Bachrodt Freightliner; Truck Pro CH2M Hill Hydrogeological Consulting 065-2821-16/DJL August 19, 2017 thru Services August 18, 2018 Page 157 of 743 HOW 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. FISCAL IMPACT: Funds have been budgeted under line items as noted on the attached report. ALTERNATIVES: Not approve renewals and require new bids to be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Grainger Renewal D Attachment Rerig Pacific Renewal Interest D Attachment Canteen Vending Renewal Interest D Attachment AnchorsBoard-up Renewal Interest D Attachment MedaPoint Renewal Interest D Attachment Lou Bachroot Renewal Interest- 2 D Attachment Eagle Auto Renewal Interest D Attachment Kenworth Renewal Interest D Attachment LL Renewal Interest D Attachment Lou Bachroot Renewal Interest D Attachment Truck Pro Renewal Interest D Attachment CH2M Hill Renewal Interest Page 158 of 743 REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 7/10/2017® 3:58 PM Finance Howard, Tim Approved 7/10/2017® 3:58 PM Assistant City Manager Howard, Tim Approved 7/10/2017® 3:59 PM Legal Swanson, Lynn Approved 7/12/2017® 10:07 AM City Manager LaVerriere, Lori Approved 7/14/2017® 9:33 AM Page 159 of 743 -0A DR'Awrmw OF MANAGUAWt SERVICES tate Dur " sin AMENDMENT NO.., Amendment Contract Alternate Contract .. 11 Contract . Facilities int nn ) ThIs Amendment(" n nt"),to t Facilities Supplies Contract -11- (Alternate Cont r'Contract"), between the State of Florida, Department of Management Services CDepartment") Grainger, Inc. "Contractor", collectively refierred to herein i I!be effective July 1 . WHEREAS,the Department originally t Into IInc. based on the Western States Contract Alliance )State of Nevada Contract1862 on September 11;and was subsequentlyrenewed anFebruary1 ; extended on Feburary 28, 2017 and, is scheduledto expireon June 30,2017, , WHEREAS,The VVSCA State vada Contract No. 1862 was amended to extend to June 30, 17;and was subsequently extended again with g new expirationt f June 30, 2018. WHEREAS, in accordance with Section 287.057(12), F.S., and by mutual agreement, The Parties wishfor a period not exceeding six , In f I n of the mutuali I 1 , and other good and valuable col isufficiency is ,the Parties agree to the following: 1. Contract Extension.The Department hereby executes an extensionr a period of six months, effective July 1, 2017hro ec r 31,2017. This extensionif be terminated at the end of six months. Certification.2. - Contractor If the Contractx in total,not Including renewal years,Contractor certifies t 9t it is not listed on afther the Scrutinized Companies with ActivitiesIn Sudan List,the ScrutinizedI i '! in the Iran Petroleum r L!st,or the Scrutinizedi Israel List pursuant1 , F.S.and 215.4725u to section 287.135(5). ., ), ., Contractor agrees the Department may Immediately terminate on if the ContractorIs ound to have submitted a false oarlification or ff Contractor Is I the ScnAnt?.edCompanies In Sudan List,the Scrutinized i 'v i in the Iran Petroleumr List, or the Scrutinized o i t Boycott Israel List or Is In a boycott of Israel duringthe term offs Contract. Facilities [ u [ ( ) Page I of 2 Alternate Contract Source .. -ACS Page 160 of 74 3. To the extent any of the terms of this Amendment conflict with the terms of the ACS,the terms of this Amendment shall control. 4. Each person signIng this Amendment warrants that he or she Is duly authorized to do so and-to bind the respective party. IN WITNESS WHEREOF,the Parties have executed this amendment by their duly authorized representatives. State of Florida: Contractor: Department of Management Services W.W.Grainger, Inc. By: By: Name. David Zeckman Name: Loa Title: Chief of Staff Tide, crvokrns # Of Date: Date, ZM 6-1-117 IVIRO: Facilities Maintenance Supplies(WSGA) Page 2 of 2 Alternate Contract Source No.: 450-000-11-ACS Page 161 of 743 The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O.Box 310 off Boynton Beach,Florida 33425-0310 PF 49 Telephone No:(561)742-6310 FAX(561)742-6316 June 6, 2017 Lisa Perkins, Municipal Contract Manager REHRIG PACIFIC 7452 Presidents Drive Orlando, FL 32809 VIA EMAIL TRANSMITTAL TO: Iperkins@rehrig.com BID: SUPPLY OF INJECTION MOLDED MOBILE REFUSE CONTAINERS AND PARTS BID No.: 048-2510-15/JMA CURRENT CONTRACT PERIOD: JULY 20, 2015 THRU JULY 19, 2017 Dear Ms. Perkins: The Contract for "Supply of Injection Molded Mobile Refuse Containers and Parts" will expire on July 19, 2017. This contract allows for three (3) additional one-year renewals under the same terms and conditions. The City of Boynton Beach would like to renew this contract with Rehrig Pacific Company for an additional one-year term under the same terms and conditions. Please indicate your response on the following page and return it via email to triestmani(a bfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Ilyse Triestman, Purchasing Manager at (561)742-6322. Thank you. Sincerely, Tim W. Howard Assistant City Manager-Administration Director of Financial Services cc: Joseph Franklin—Solid Waste Supervisor, Public Works File America's Gateway to the Gulf Stream Page 162 of 743 The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone No:(561)742-6310 FAX(561)742-6316 BID: SUPPLY OF INJECTION MOLDED MOBILE REFUSE CONTAINERS AND PARTS BID No.: 048-2510-15/JMA CONTRACT RENEWAL PERIOD: JULY 20, 2017 THRU JULY 19, 2018 X Yes, I agree to renew the existing agreement with the same Terms and Conditions for the renewal period of July 20, 2017 thru July 19, 2018. No, I do not wish to renew the agreement for the following reason(s): REHRIG PACIFIC COMPANY Rehrig Pacific Company NAME OF COMPANY SIGNATURE Lisa Perkins, Municipal Contract Mgr. Matt Callier Sales Representative - Florida NAME OF REPRESENTATIVE TITLE (Please print) 6/7/17 904-528-6139 DATE (AREA CODE)TELEPHONE NUMBER MCallier@Rehrig.com E-MAIL ADDRESS America's Gateway to the Gulf Stream Page 163 of 743 The City of Boynton Beach Procurement/Financia!Services 100 E.Boynton Beach Boulevard P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone No:f561)742-6310 FAX.•(561)742-6316 June 6, 2017 Art Martin, District Operations Manager Canteen Vending 16565 NW 15 Avenue Miami, FL 33169 VIA EMAIL TRANSMISSION TO:ART.MARTIN@COMPASS-USA.COM Ei RE: "FIVE YEAR CONTRACT FOR VENDING MACHINES AT VARIOUS CITY LOCATIONS" RFP No.: 053-1410-111CJD CURRENT AGREEMENT TERM: AUGUST 1, 2016 THROUGH JULY31, 2017 Dear Mr. Martin: The Agreement for Vending Services between the City of Boynton Beach and Family Vending Co., Inc. (now Canteen Vending) will expire July 31, 2017. The Agreement allows for optional renewals for two (2) additional one-year terms with the same terms and conditions. j The City of Boynton Beach would like to renew the existing Agreement under the same terms and conditions for an additional year as allowed in the RFP documents and the Agreement. Please indicate your response on the following page and return it to Financial Services at your earliest convenience. If you should have any questions, please do not hesitate to contact Ilyse Triestman, - Purchasing Manager at(561) 742-6322 or E-mail: tnestmani@bbff.us. Sincerely, i i Tim W. Howard Assistant City Manager-Administration Director of Financial Services Enclosure pc: Central File File America's Gateway to the Gulf Stream Page 164 of 743 I The City of Boynton Beach Procurement/Financia!Services 100 F.Boynton Beach Boulevard P.O.Box 310 Boynton Beach,Florida 33425-03.10 Telephone No:(561)742-6310 FAX:(561)742-6316 RE: "FIVE YEAR CONTRACT FOR VENDING MACHINES AT VARIOUS CITY LOCATIONS" RFP No.: 053-1410-111CJD Agreement between the CITY OF BOYNTON BEACH and CANTEEN VENDING AGREEMENT RENEWAL TERM: AUGUST 1, 2017 THROUGH JULY 31, 2018 Yes, I agree to renew the existing Agreement under the same Terms, Conditions for an additional year. No, I do not wish to renew the Agreement for the following reason(s): is CANTEEN VENDING NAME OF COMPANY SIGNATURE UCO) 6XIC, 7-61(yl�;2--- ........a NAME OF REPRESENTATIVE TITLE (Please print) 1 jFN:,✓ 4.m,✓ DATE (AREA CODE)TELEPHONE NUMBER E-MAIL ADDRESS America's Gateway to the Gulf Stream Page 165 of 743 The City of Boynton Beach m Finance/Procurement Services 100 E.Boynton Beach Boulevard f tori P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone No:(561)742-6310 FAX.(561)742-6316 QUOTE NAME: BOARD-UP AND/OR SECURE SERVICES QUOTE NO.: Q-058-2111-15/JMA CONTRACT RENEWAL PERIOD: AUGUST 1, 2017 THRU JULY 31, 2018 Yes, I agree to renew the existing agreement with the same prices, terms and conditions for the renewal period of August 1, 2017 thru July 31, 2018. No, I do not wish to renew the agreement for the following reason(s): ANCHORS EMERGENCY BOARD-UP NAME OF COMPANY SIGNATURE a_z NAME OF REPRESENTATIVE TITLE (Please print) DATE (AREA CODE)TELEPHONE NUMBER E-MAIL ADDRESS America's Gateway to the Gulf Stream Page 166 of 743 The City Bo nton Beach lefYeeTlt 5 100f.�ayntanBeach BoWewrd PA BaK 3110 Rtoa Beach,Rlodda 33435-010 Telephwe No.(561)742-010 FAX.(5611742-6,316 May 22,2017 Eric Becker,President and Coo MedePoInt,Inc. 05 South Lamar Avenue Suits DIOS-136 Austin,TX 78704 VIA EMAIL TRANSMITTAL TO 01 1-,21 � � #Betmen Medapoint,Inc.and City of Boynton Beach for AdvanceClalm EMS/Arnbulartm Billing Softare, Resolution Ri RENEWAL TERIK: AUGUST f2,2ol7 TO AUGUST 11,2018 Dear Mr.Becker The Software License Agreement for use of the AdvanceCAalm EMS/Ambulance Billing Software will expire on August 11, 2017 and the City of Boynton Beach would like to renew this Agreement for an additional one year term with the same terms,conditions and pricing. To clarify the Annual AdvanceCialm Base Fees: Annual t rote of$3,900.00 includes system I&vnslng, unfimftdlogins, and online nl ; Usage .89 per billable clalm,Invoiced monft Please indicate your response on the fallowing page and return it to Financial Services. If you should have any questions, please do not hesitate to contact ilyse Triestman, Purchasing Manager,at( 1)742- 22.�,1 Sincerely, -. Tim W.Howard Assistant City Manager-Administration Director of financial Services c; Vicki Dornleden,Administration and Finance Officer File America`s Gateway to the Gulfs m Page 167 of 743 The City of Bo inton Beach RhonceProcurementServices 100 E.Boynton Beach Boulevard P.O.Box 320 Boynton Beach,Moddo 33425-0310 telephone No.(561)742-6310 PARI.(561)742-6316 AGREEMENT BETINEEN MEDAPOINT AND CITY OF BOYNTON BEACH FOR ADVANCECLAIM EMSIAMBULANCE BILLING SOFTWARE;RESOLUTION 14-6 Agreement between the CITY OF BOYNTON BEACH and MED INT,INC. CONTRACT RENEWAL PERIOD.- AUGUST 1Z 2017 TO AUGUST 11,2018 Yes, I agree to renew the eAs° ting Agreement wlth the same Terms, Conditions and Fees for an additional year. No.I do not wish to renew the Agreement far the fall ng MEDAPOINT,INC. NA E L)P COMP _. SIGNATURE — ERIC E IC ECKER PRESIDENT AND C D NAME—OF PES IVlATI1lE "ti (Please print) DATE (AREA CODff)TELEPHONE Nt1SR _C✓t�iC. .A . �CsI� t✓J,�� �1_��1�!'�_1..,Cf�,=��1 E® AIL DRE America's Gateway to the Gulf stream Page 168 of 743 The +C` tj of Boynton Beach Finance/Procurement Services 100 E, Boynton Beach Boulevard RO. Box 310 Boynton Beach, Florida.33425-0310 Telephone No:(561) 742-6310 FAX:(561)742-6316 May 17, 2017 Lou Bachrodt Freightliner 1801 W. Atlantic Blvd. Pompano Beach, FL. 33064 ATTN: Chris Poulin ISE: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENTMANUFACTURER(OEM)SERVICE- ANIS PARTS FOR FREIGHTLINER VEHICLES AND EQUIPMENT" BID 9:: 060-1412-16/MFD Dear Mr. Paulin: The above referenced Bid will expire on August 16, 2017. The Bid Documents allow for a one year renewal. Therefore, the City of Boynton Beach would like to renew the existing agreement Colder the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, with Commission approval, the. Bid will be extended for an additional year.. Please indicate your response on the following page and email it to Michael Dauta, Warehouse Manager, at dautam y bbf7.us. We look forward to continue working with you. 1f you should have any questions, please contact Michael Dauta, Warehouse Manager, via email at dautam Lbbfl.LIS Thank you. Sincerely, Tim W. Howard :assistant City Manager, Administrative Services c. Michael Dauta--Warehouse Manager Central File AMERICA Is GIA111111111'.11 5"110 Gt IJ.51111?1:,Llr Page 169 of 743 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER(OEM)SERVICE AND PARTS FOR FREIGHTLINER VEHICLES AND EQUIPMENT" BID NO.: 060-1412-16/MFD Contract Renewal Period: AUGUST 17, 2017 THROUGH AUGUST 16, 2018 Agreement between the City of Boynton Beach, and Lou Backrodt Freightliner; Yes, I agree to extend the existing Bid for the Annual Contract for OEM Parts and Service for Freightliner under the same Tern-is and Conditions for an additional year: August 17, 2017 through August 16, 2018. No, I do not wish to renew the agreement for the following reason(s): LOU BACHRODT FREIGHTLINER OJ4, SIGNATURE f-r NX'ME OF REPRESENTATIVE TITft-' (please print) -7 /0 0 (13 �t 5V DA'rE (ARA CODE) TELEPHONE NUMBER /131h"RICA's GA 117(i VA Y W)7,111",G Page 170 of 743 The City of Boynton Beach m Finance/Procurement Services F 100 E. Boynton Beach Boulevard / P.O. Box 310 e " Boynton Beach, Florida 33425-0310 Telephone No:(561) 742-6310 FAX:(561) 742-6316 May 17, 2017 Eagle Auto Parts Inc. 1230 Hypoluxo Road Lantana, FL. 33462 ATTN: Steven Brand'1 RE: "ANNUAL SUPPLY OF LARGE/HEAVY DUTY VEHICLE AFTERMARKET PARTS, ACCESSORIES AND SUPPLIES" BID#: 059-1412-16/MFD Dear Mr. Brand'l: The above referenced Bid will expire on August 16, 2017. The Bid Documents allow for a one year renewal. Therefore, the City of Boynton Beach would like to renew the existing agreement under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, with Commission approval, the Bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Warehouse Manager, at dautamgbbfl.us. We look forward to continue working with you. If you should. have any questions, please contact Michael Dauta, Warehouse Manager, via email at dautam,bbfl.us Thank you. Sincerely, ,1. o- A4-UQ Tim W. Howard Assistant City Manager, Administrative Services c: Michael Dauta—Warehouse Manager Central File y 1101111EG , screEa�r Page 171 of 743 BID NAME: "ANNUAL SUPPLY OF LARGEMEAVY DUTY VEHICLE AFTERMARKET PARTS, ACCESSORIES AND SUPPLIES" BID NO.: 059-1412-16/MFD Contract Renewal Period: AUGUST 17, 2017 THROUGH AUGUST 16, 2018 Agreementbetween the City of Boynton Beach, and Eagle Auto Parts; I- Yes, I agree to extend the existing Bid for the Annual Contract for Supply of Large -�— Aftermarket Parts under the same Terms and Conditions for an additional year: August 17, 2017 through August 16, 2018. No. I do not wish to renew the agreement for the following reason(s): _ EAGLE AUTO PARTS SIGNATURE -eut_ 1 , NAME OF REPRESS ATIVE TITLE (please print) 1 DATE (AREA CODE) TELEPHONE NUMBER Atli/.RICA'S GATE'!S A Y TO THE'G L"I F S'J'NIVA III Page 172 of 743 BID NAME: "ANNUAL SUPPLY OF LARGEMEAVY DUTY VEHICLE AFTERMARKET PARTS, ACCESSORIES AND SUPPLIES" _ BID NO.: 059-1412-16/MFD Contract Renewal Period: AUGUST 17, 2017 THROUGH AUGUST 16, 2018 Agreement between the City of Boynton Beach, and Kenworth of South Florida; Yes, I agree to extend the existing Bid for the Annual Contract for Supply of Large Aftermarket Parts under the same Terms and Conditions for an additional year: August 17, 2017 through August 16, 2018. No, I do not wish to renew the agreement for the following reason(s): x KENWORTH OF SOUTH FLORIDA SIGNATURE NAME OF REPRESENTATIVE TITLE (please print) 41, _ 5 DATE (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulfstream Page 173 of 743 The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561)742-6310 FAX(561)742-6316 May 17, 2017 L & L Distributors 1511 North Powerline Road Pompano Beach, FL. 33069 ATTN: Anthony Bormett RE: "ANNUAL SUPPLY OF LARGE/HEAVY DUTY VEHICLE AFTERMARKET PARTS, ACCESSORIES AND SUPPLIES" BID#: 059-1412-16/MFD Dear Mr. Bormett: The above referenced Bid will expire on August 16, 2017. The Bid Documents allow for a one year renewal. Therefore, the City of Boynton Beach would like to renew the existing agreement under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, with Commission approval, the Bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Warehouse Manager, at dautamgbbfl.us. We look forward to continue working with you. If you should have any questions, please contact Michael Dauta, Warehouse Manager, via email at dautamgbbfl.us Thank you. Sincerely, a .0� Tim W. Howard Assistant City Manager, Administrative Services c: Michael Dauta—Warehouse Manager Central File America's Gateway to the Gulfstream Page 174 of 743 BID NAME: "ANNUAL SUPPLY OF LARGE/HEAVY DUTY VEHICLE AFTERMARKET PARTS, ACCESSORIES AND SUPPLIES" BID NO.: 059-1412-16/MFD Contract Renewal Period: AUGUST 17, 2017 THROUGH AUGUST 16, 2018 Agreement between the City of Boynton Beach, and L & L Distributors; X Yes, I agree to extend the existing Bid for the Annual Contract for Supply of Large Aftermarket Parts under the same Terms and Conditions for an additional year: August 17, 2017 through August 16, 2018. No, I do not wish to renew the agreement for the following reason(s): L & L DISTRIBUTORS ,A� SIGNAT Anthony Bormett Sales Manager NAME OF REPRESENTATIVE TITLE (please print) Monday May 5th 2017 954-979-1200 DATE (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulfstream Page 175 of 743 The City o Boynton Beach. FinancejProcurement Services -- 100 F. Boynton Beach Boulevard ,w .0 P.O. Box 310 Boynton Beach, Florida 33425 0310 Telephone No:(561) 742-6310 FAX:(561)742-631.6 May 17, 2017 Lou Bachrodt Freiohtliner 1.801 W. Atlantic Blvd. Pompano Beach., FL. 33064 ATTN: Chris Poulin RE: "ANNUAL SUPPLY OF LARGE/1-IEAVY DUTY VE141CLE AFTERMARKET PARTS, ACCESSORIES AND SUPPLIES" BID#: 053-1412-16/MFl) Dear Mr. Poulin: The above referenced Bid will expire on August 16, 2017. The Bid Documents allow for a one year renewal. Therefore, the City of Boynton Beach would like to renew the existing agreement under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, with Commission approval, the Bid will he extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Warehouse Manager, at dautamrr>bbfl us. We look forward to continue working with you. If you should have any questions, please contact Michael Dauta, Warehouse Manager, via email at dautam c bbn.us Thank. you. Sincerely, ,� - 0 r Tim W. Howard Assistant City Manager, Administrative Services c: Michael Dauta -- Warehouse Manaoer Central File Page 176 of 743 BID NAME: "ANNUAL SUPPLY OF L.A►RGEMEAVY DUTY VEHICLE AFTERMARKET PARTS, ACCESSORIES AND SUPPLIES" BID NO.: 059-1412-16/MFD Contract Renewal Period: AUGUST 17, 2017 THROUGH AUGUST 16, 2018 Agreement between the City of Boynton Beach, and Lou Bachrodt Freightliner; Yes, I agree to extend the existing Bid for the Annual Contract for Supply of Large Aftermarket Parts under the same Terms and Conditions for an additional year: August 17, 2017 through August 16, 2018. No, I do not wish to renew the agreement for the following reason(s): LOU BACHRODT FREIGHTLINER ✓ SIGNATURE 1p k C 1 5 NAME CSF REPRESENTATIVE TITLE (please print) DATE (AREA CODE) TELEPHONE NUMBER 1—FOWHE Page 177 of 743 rl" the City of Boynton Beach FinancelProcurement Services 100 F. Boynton Beach Boulevard P.O. Box 310 (l,,f Boynton Beach, Florida 33425 0310 Telephone No:(561) 742-6310 FAX.(.56.2) 742-6316 May 17. 2017 "Truck Pro 324 Sunshine Road West Palm Beach, I'L. 33411 AT` N. Marc Gold RE. "ANNUAL SUPPLY OF LARGEMEAVY DU-1'Y VEHICLE AF'FEW AR1uI T I'Aln S, ACCESSORIES AN 1)SUPPLAES" BID#; 059-1 112-1&JMFD Near Mr. Gold: The alcove referenced Bid will expire on August 16, 2017. The Bid Documents allow for a one year renewal. Theref-ore, the City ofBoynton Beach would like to renew the existing agreement under the same terns and conditions for an additional near. We appreciate your quality service, and ifyou agree, with ('011-imission approval, the I31d will be extended for an additional year. Please indicate your response on the following page and email it to Michael Nauta, Warehouse Manager, at dautan7 i'i71 t1.us. We look forward to continue working; with you. If you should have any questions, please contact Michael Nauta, Warehouse Manager. via entail at "Thank you.. - Sincerely, Tim W. Howard Assistant City Manager, Administrative Services c: Michael Nauta Warehouse Manager Central File i!/sWIRA 'SG #IF,,G:4]_`I,() Page 178 of 743 1311) NAME: "ANNUAL,SUPPLY OF LARG E/1 I EAVY DUTY VEI I IC LE A FTE RM ARKET PARTS, ACCESSORIES AND SUPPLIES" 1311) NO.: 05941412-16/MFD Contract Renewal Period: AUGUST 17, 2017TIIRO'U(-IrIIAU(�UST16,2018 Agreernept"between the City of Boynton Beach, and Truck Pro; �/Yes, I agree to extend the existing Bid for the Annual Contract for Supply of Large Aftermarket Parts under the same 'I'erms and Conditions for an additional year: August 17, 2017 through August 16, 2018, No, I do not wish to renew the agreement for the following reason(s): TRUCK PRO SIGNAIVRE A A 1� ' -C r\ NAME 0FRETRESENI'A'FIVE I'Ll, (please print) DATE (ARE'A CODE) J'ELEPHONE NUMBER AMEHWA 'S GIA11111111,A ),TO G('111, Page 179 of 743 The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 19 Telephone No:(561)742-6310 FAX.(561) 742-6316 June 1, 2017 Gerrit Bulman, Project Manager CH2M Hill 550 W. Cypress Creek Road Suite 400 Fort Lauderdale, FL 33309 VIA EMAIL TRANSMISSION TO: Gerrit.BuIman@CH2M.com RE: RFQ No. 029-2821-13/DJL; HYDROGEOLOGICAL CONSULTING SERVICES CURRENT CONTRACT PERIOD: August 19, 2016 through August 18, 2017 Dear Mr. Bulman: The Agreement between the City of Boynton Beach and CH2M Hill for "Hydrogeological Consulting Services" by way of individual task orders expires August 18, 2017. The RFQ documents and the Agreement allow for an additional one-year renewal. The City of Boynton Beach would like to continue to utilize and extend this Agreement for the third and final one-year renewal term at the same terms, conditions and hourly rates. Please indicate your response on the following page and return it to Finance/Procurement Services at your earliest convenience. Please submit an updated Certificate of Insurance in full accordance with the Contract requirements at your earliest convenience. If you should have any questions, please feel free to call me at (561) 742-6310. Thank you. Sincerely, La 00 is,m.w � Tim W. Howard Assistant City Manager—Administrative Services Director of Financial Services cc: Michael Low, Manager, Technical Services Bevis Pigott, Manager, Water Quality and Treatment Central File File America's Gateway to the Gulf Stream Page 180 of 743 Agreement between the City of Boynton Beach and CH2M HILL NEW CONTRACT PERIOD: AUGUST 19, 2017 to AUGUST 18, 2018 X Yes, I agree to extend the existing Agreement under the same Terms and Conditions and Rates for an additional one-year term. No, I do not wish to extend the Agreement as explained below: i " CH2M HILL SIGNA --- Francois Didier Menard, P.E. Vice President NAME OF REPRESENTATIVE TITLE Please Print 6/6/2017 (407) 650-2104 DATE (AREA CODE)TELEPHONE NUMBER Didier.Menard@ch2m.com E-MAIL ADDRESS America's Gateway to the Gulf Stream Page 181 of 743 6.G. CONSENTAGENDA 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over$10,000 for the month of June 2017. EXPLANATION OF REQUEST: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for June 2017: Purchase Order Vendor Amount 171171 Palm Beach Aluminum, Inc. $24,889.95 171204 Tribune Direct $23,520.00 171216 Compressed Air Supplies& Equip $ 14,649.70 171228 Mako Pools, Inc. $ 12,376.00 171233 AMJ —Trinova— FL $ 12,845.84 171246 Bennett Fire Products $ 17,448.00 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01-66, Chapter 2, 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. FISCAL IMPACT: Budgeted This Ordinance provides the impact of reducing paperwork by 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. ALTERNATIVES: None. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 182 of 743 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Purchases over $1 OK ® June 2017 REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 7/10/2017® 4:48 PM Finance Howard, Tim Approved 7/10/2017® 4:48 PM City Manager LaVerriere, Lori Approved 7/14/2017® 9:34 AM Page 183 of 743 �wCITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR JUNE 2017 1® r: Palm Beachlu inu , Inc. Purchase Amount: $24,889.95 Requesting Department: Utilities Contact Person: Howard Kerr Date: 616117 Brief Description of Purchase: Replace hurricane shutters at the East Water Treatment Plant. Source forPurchase: Three Written Quotes Fund Source: 403-5000-533-65-02 WTR020 2. Vendor: Tribune Direct Purchase Amount-, $23,520.00 Requesting Department: City Manager's Office Contact a Eleanor Krusell Date: 11117 Brief Description of Purchase: Water quality report printing and mailing services. Source forPurchase: Three Written Quotes Fund Source: 401-2819-536-47-10 3® r: Compressed Air Supplies & EquipmentPurchase p $14,649.70 Requesting Department: Fire Contact Person: Deputy Fire Chief Hoggatt Date: 6116117 This purchase is for the conversion of the compressors at Fire Station #4 &#5. Source for Purchase: Three Written Quotes Fund Source: 001-2210-522-64-06 ® Vendor: Mako Pools, Inc. Purchase Amount: $12,37U0 Requesting Department: Recreation Contact Person: Wally Majors Date: 6123117 Brief Description of Purchase: Emergency replacement of pool filter system at Denson pool. System non operable and required pool to be closed. Cannot repair because of age. Needed to replace in order to re-open the pool. Source for Purchase: Emergency purchase Fund Source: 001-2710-572-64-03 Page 1 Page 184 of 743 5. Vendor: AMJ -Trinova - FL Purchase Amount: $12,845.84 Requesting Department: Utilities Contact Person: Leon Li eros Date: 6/27/17 Brief Description of Purchase: Replacement pumps for sodium hypochlorite&caustic feed system. Source for Purchase: Sole Source Fund Source: 403-5000-533-65-02 WTR020 6. Vendor: Bennett it Products Company Purchase Amount: $17,448.00 Requesting Department: Fire Contact Person: Vicki Dorneiden Date: 6/28/17 Brief Description of Purchase: Purchase uniforms/fire rescue gear for Firefighters. Source for Purchase: Piggyback.Lake Co, Fund Source: 001-2210-522-52-23 Contract#12-0806B Page 2 Page 185 of 743 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 171171 BOYNTON EACH, FLORIDA 33425-0310 DATE: 06/06/17 VENDOR 10438 SHIP TO: TO: PALM BEACH ALUMINUM, INC., City of Boynton each 1400 WEST 13TH STREET EAST UTILITY ADMIN RIVIERA BEACH, FL 33404 124 E. 00 RIG ROAD BOYNTON BEACH, FL 33435 REQlUK0fl0N NO, 69123 ORDEMNO DEPARTMENT: UTIL ADMIN/HLK DATE NEEDED: RD NO- CO MS= APPROVED- EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 82 . 00 EA ACCORDION HURRICANE SHUTTERS FOR 303 . 5360 24889. 95 82 OPENINGS REMARkS: HURRICANE.:SHUTTERS FOR EWTP. . SEE ATTACHED QUOTE. DATED 5/1V17 . .. .. ... . . .. ............ ............................ .. ............................................ .......... .............................................. ............ PROCLSREMENT SEWCES� P.O. TOTAL: 24889,95 ACCOUNT NO. PROJECT 403-5000-533. 65-02 WTR020 COMMS=N APPROVE[ �- p X ............ PURCHASING Page 186 of 743 CITY OF BOYNTON BEACH 7RWUEST FOR PURCHASE OVER $101,000 Date: - r- Requesting Department: Utilities tact Person: Howard Kerr Explanation r The East Water Treatment l in need of hurricanehardening freplacing faulty r defunct hurricane shutters. l i Source r materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted to Emergency Purchase ter Contract r: (VOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: Account#403-5000-533-65-02 Approvals: r Department Head Date m Purchasing AInt Date Asst City Manager Date City r Date Form is 101/02 Page 187 of 743 C^• 1 1 1 I rlri ; 1 ! 1 1 Ln w Ln ch ak 190 OD 1 1 1 1 I I LL i e ar 6 1 H 1 CV 1 I 1 I 1 1 1 1 1 ! 1 l ! 1 1 1 1 1 1 r s 1 j � 1 1 I 1 1 1 u i d 1 J Info I 1 1 1 1 ? @ E LO In 1 1 Q I 1 1 i} ' ' x !�1 l] 1 Ot fJY 1 1 40 1 I 1 rl L �1 H II qa an d 1Cq Em i 000 i'moi gay rl R81 Licoo g { HH W Ili 1C2MNV1 E 1 MI vl "M 0 1 W ., � .f C 1Hrq H topi H .a 1-1 1 G. 041 1 1 1 I z PC 0 El A P3 • H I 00 E- Pal 9 1 I , H 1 I ! 1° �x 1 Ip 1 , ®® 110 H 1 I V i ;ura E-2 H vi I I H AH cd 043 s� I , I 17� 1 1 I i H H I 1 E 1 1 1 1 X3 i 1 1 I 1 1 tQ E i HH reg I H I + ®'" 1 Ili 41 H 1 `y H 1 1 1 14H i H H ►a 11 1 cn 41I14 1 a3 H M44I 1 Page 188 of 743 REQUEST FOR REQUISITION D.T.E.E.ENTRY DATE: 511812017 H.T.E. ITI 3 Contract Coordinator HLK ProcurementAsst:Director- (ascan budgeted c it lanor 00+ : Reason For err t Water Treatment t ) is in the need of hurricanein terms I i Its or defuncthurricane VENDOR INFORMATION: DIVI 10 OTHER INFORMATION: Nam e: a1 each Aluminum in. (x) ate: 411312017 P � Engineering ate Needed: Confirm. ) Address. 1400 West 13 treet,-Riviera Oust. Rel. ( ) ASAP/Conf. } Beach , FL 33404 Distribution BACKUP DOCS. DELIVERY: Phone(contact): 561-844-8285 ater Qual. ) Quotes/Verbal E.Admin. 40 ( ) d_ of over$300 Pumping Quotes/Written (x ) E.WTP 41 ( ) _ over 200 Vendor Number: 10438 PWTreat. Bid Doss. W.WTP42 Meter Serv. Sole Source Ltr. P/U 99 ( } INITIATOM Howard Karr Sewage ) Insurance Special Instructions: e ulrernent : tr .r. ( ro)e berg uao, nit Price Des2cEr,l tir n &Part NUmber Fund e_t Basic Elern fib. Amount 2 303. 4 --Accordion Shtter 403 5000 X33 63 02 24,d90 Total mtlmtlmtl $24,890 Page 189 of 743 The City of Boynton Beach MWey ent 124.E "IM&Road Boynton Bwch,J%rida 33435 Phone(561)742- FAX.-(56170-6298 OFFICE OF THE DIRECTOR OF UTILITIES QUOTATIONS ITEMS REQUESTED: Accordion Cane Shutters for 82 openings VENDOR j; Palm BeachAluminum 4/13/2117 CONTACT PERSON: Darren C PHONE NUMBER: 561®844-8285 $24,890M t1 VENDOR#2: Guardian Storm Protection 4/1 /217 CONTACT PERSON: Brett s PHONE NUMBER: 561-358-1982 ,22 . VENDOR#3: Castle Impact Windows DATE: 04/13/2017 CONTACT PERSON: Dan Carr PHONE NUMBER: 561-683-4811 ,545.00 ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. Page 190 of 743 ii fR „ 1 "llil Jill k jrj 11 NI Now ■ µR alip fa . , Yr ..r,. K°. � ��" �"�R�. lr R` �■■. ���■ 11.11i1��iI���IRi���l■il • ,, :-� r' 1I.���rll� ■...RI_�Il �rl R �i Ir 'RI�f��RR �■R ■RRA_ � � .X.' �� �R � SRI ..�4RNR.R _ � ' ��� � _,, « �� ■ ��■ ' �r ... ��� r�rtrr � a�■�1 rr fi' r � � ��r� i�,�Krr�r 1 4 w ` f` 1 A: PaLm Bienh AlLuK&iKum, Imo. 1400 West 13th Street, Riviera each, FL 33404 561-844-8285 Screen Enclosures 0 Custom Railings * Hurricane Protection * Impact Windows& Doors Fully Licensed, Insured& Bonded U-21004& U-18423 Dear valued customer, Thank you for the opportunity to provide you with an estimate on your new project. Please feel free to contact us anytime to discuss the details of your estimate. We will also make any necessary adjustments to the estimate in order to satisfy all of your needs. We can assist you with one or more of the following: Pool & Patio Screen Enclosures, Impact Windows and Doors, Accordion Shutters, Storm Panels, Roll-Ups, Colonial and Bahama Shutters, Custom Concrete, Pavers, Aluminum Fences, Decorative Gates, PVC Fences& more. Palm Beach Aluminum, Inc. is a "family" owned and operated business. We only use quality materials, such as powder coated aluminum, ceramic coated (rust prohibitive), Nylo-Tek or stainless steel hardware, Phifer screening products, Window Craftsman, Eastern Metal and PGT Windows. We have a perfect standing with the Better Business Bureau of Southeast Florida and we provide outstanding customer service throughout your entire project. Palm Beach Aluminum, Inc. is proud of building the strongest "Rigid Beam Enclosures" in the industry. All products sold meet or exceed all of Florida's most stringent building codes. We are proud to be one of the only companies in Southeast Florida to manufacture accordion shutters with Clear Full-View Blades. Financing is also available upon request. After we complete your job, we are sure you'll agree that you made the right decision by choosing Palm Beach Aluminum, Inc. Where quality, experience and affordability come together. We look forward to doing business with you! Sincerely, Darren Allfrey Owner/President Page 192 of 743 ........... (s) u j a z Ul 0 Ic C6 UP 0 IL Ixgr ID * U ........................... cc LY e(y Page 193 of 743 "Striving to be the est in the indu UARDIAN 9030 Bellhursk Way,Suite 120•West Palm Beach. Rorkla 33411 lenammm, mmmmommoommmm Phone:(561) 3-26 :(561)828-2215 STORM PROTECTIONwww.gWhurricaneshutters.ccom email:guardianstoymprotection0yahoo.com - ak.storm0hotmaIl.com v _ AskCertified Shutter Contractor Palm Beach#U-19979/1.1-21712 11 P17443-fl Marlin#MCHS4217 SALES AGREEMENT Purchase, City of Boynton Beach dater Utlitles Address 124 E Woolbright road Cate 2127/17 Clty Boynton Keach Zip ( eliver Appr . 10-12 Weeks Celt: All.Tel: E-mail: ISerr bbl.ta Gated:YIN Crede: Development Mame/HOA Contact: 08MAMAICOLONIALSHLITTERS Q I --iSTORY USFR-2STORY CITOWNHOUSEi I 0 CLEAR STORM T tONS C)ROLL—UPS Q HURRICANEELECTRIC ALUMINUM CWhite- IvoryBronze- NUMBEROFSTORIES- Installation of top of the line " No depositno money due until job is full Miami-DadeMiami-Dade county approved accordionI shutters. We areit trr. • 210 mph rated;st est system available. I match or beat any price With a comparable ® Special round walk-over tracks on W1 doors. product. • Double lock system usingu "turn screw knob on ' 10 year warranty on parts andlabor. all shutters. . We will assist in obtaining It necessary homeowner • All openings larger than 6 feet will have double looks and association approvals. knobs, work performed under this contractis covered • Our patented doublei s ill affer the neatest, Y is compensation and general liability tightestcks in the industry, insurance. ® Much easier to operate than others and virtually ' All Installers areunKQm2adDorapmy employees maintenancefree system. drive our company vehicles. -Pending Field in ri n NOTES. includes Angier list discount Rear of mainbuildings 30 #of openings Color To be determined *Price S 11,400.00 Permitting 5 Actual cost TOTAL PRICE $ 11,400-00 lus permit fee Deposit .......� 0 Balance Due on installation 5 11,4QQ OQ plus permit tee Andy K -Owner #661-541-8114 Executed This Cay Of Year Brian Greene-General Manager#561-436-8181 P r haler. ............_ . ., m................................... .....m. .. ......-............ ...__ Brett Fu -Operation Manager#561-358-1982 I acknowledge and Agree To The conditions n the Reveme Side Page 194 of 743 "Striving to be the best in the industry" UARDIAN 9030 Bellhurst Way,Suite 120-West Palm BeaCh,FlorWa 33411 io LIS deda"Magooddeadoodeads Phone:(561)M-2622 - Fax:(561)828-2215 STOR PROTECTION www.gsphurricaneshutters.cm *1 email:guardianstorTnprat ection 0yah oo.com - ak.stormftotrnall.com An CMfled Shutter Contractor Palm Beach#0-19972A)-21712 Brow ard#11-SOP17443-R MaMnUMCHS4217 SALES AGREEMENT Purchaser City of Boynton Beach Water UtRies Address 124 E Woolbright Road Dere 2127/17 City Boynton each zip Delivery Approx. 10-12 Weeks Cell: Aft,Tel., E-mall: i errh h fNmus ote&WN Codw Devdoprnent NamefHOA Contact. C] I IMPACT BARAMAtCOLONIAL SHUMIERS WNDOWSMOORS E3SFR-I -ZCINI SMRY C3SFRSTORY [3TOWNHOUSE ONOOMUM 'M U CLEAR STORM PANELS WN&COUNTRY ACCORDIONS El ROLL-UPS L)HURRICANE SCREENS 0 ELECTRIC C3 ALUMINUM PANELS CO OR- White- Ivory ftge_ Bronze NUMBER OF STORJES Installation of tap of the line Town and Country - No deposit and no money due until job is fully brand, Miami-Dade county approved accordion complete and pzaae-d jaspmclio–n. shutters. We are the Direct Manufacturer. • 210 mph rated;strongest system available. - We will match or beat any price with a comparable • Special round walk-over tracks on all doors. product. • Double to system using a"backup'turn screw knob on ' 10 year warranty on parts and labor. all shutters. - We Will assist in obtaining all necessary homeowner • All openings larger than 8 feet will have double to and association approvals. knobs. - The work performed under this contract is covered • Our patented double in system will offer the neatest by worker's compensation and general liability tightest stacks int industry. insurance. • Much easier system to operate than others and virtually ' All installers are MDffQuDAd company employees who Ini free system. drive our company vehicles. aintenanoe -PoWing Fr Engineering VenTication NOTES: -Pnce includes Angle's list discount. Pump Station --LO—#of openings Color To be determined OPrice $ 5800-00 Permitting Fees $ Actual cost TOTAL PRICE $__5800.00 plus permit fee Deposit S 0 Balance Due on Installation S 5800.00 plus ermit fee Andy Kobosko-Owner #561-541- 114 Executed This Day Of_ Year Brian Greene-General Manager#661-436-8181 Purchaser Brett Furshman-Operation Manager#561-358-1982 1 ac knowledge and Agree To The Conditions on the Reverse Side Page 195 of 743 "BUYERS RIGHT TO CANCEL" IF THIS IS A HOME,SOLICITED SALE AND IF YOU DO NOT WANT THE GOODS OR SERVICES YOU MAY CANCEL THIS AGREEMENT BY-MAILING A NOTICE TO THE SELLER. THIS NOTICE MUST INDICATE THAT YOU DO NOT WANT THE GOODS OR SERVICES AND MUST BE POSTMARKED BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOU SIGN THIS AGREEMENT IF YOU CANCEL THIS AGREEMENT,THE SELLER MAY KEEP ALL OR PART OF ANY CASH DOWN PAYMENTS NOT TO EXCEED THE LESSER OF 5 PERCENT OF THE PURCHASE PRICE OR S50. MATERIAL BELONGS TO GUARDIAN ORM PROTECTION,INC.UNTIL BALANCE 18 PAID IN FULL WRITTEN WARRANTY IS THIS CONTRACT AND BECOMES EFFECTIVE WHEN TOTAL BALANCE IS PAID IN FULL. The parties to this Agreement are subject to the following terms: The products hereby ordered are to be custom built to fit purchasers requirements and this order is NON CANCELLABLE other than as provided by law. This instrument constitutes the entire Contract between the parties,and no statement,representation or agreement,Written or oral, expressed or implied.not herein expressly set forth shall be considered as part of this contract or binding upon the parties hereto. Any changes to this contract must be in writing.signed by all parties,and referred to in the contract which it amends. Title to the goods covered hereby shall remain in seller until payment in full therefore is made and said goods shall remain and be considered as personal property.subject to repossession by seller in case of default by purchaser,Irrespective of being aittached W of made part of any realty.Seller also retains the right to claim and enforce any and all contractors,mechanic's and/or material men's lien against any realty to which said goods may be attached OF become a part to which it may be entitled under the law. Upon such default the seller may at his option declare the entire unpaid balance immediately due and owing. Such default shall also entitle the seller to repossess the properly with or without notice and retain all sums previously paid. The purchaser hereby agrees that the seller shall have the right and authority to enter the promises with or without notice for the purpose of enforcing theseller's rights and removing such property,and the purchaser waives any rights or actions he may have against seller arising out of such entry and repossession of any damages by removal of the above described property from the premises.All materials belong to Guardian Storm Protection Inc.and has right to remove material until paid in full. It is understood that the terms of payment are as specified on the front of this contract and that time is of the essence, This contract shall be considered to be in default in the event that payment is not timely made.All payments due hereunder shall,after default,bear interest from date of default at the maximum legal rate of interest. In the event the monies due hereunder have to be collected upon demand of any attorney,or suit has to be instituted for the enforcement hereof,the purchaser agrees to pay all costs thereof,including reasonable attorney's flee. Proper venue for any action taken pursuant to this agreement shall be Palm Beach County,Florida.It is further understood that ail payments due under this contract shall be made at the company offices in Palm Beach County.Florida. AA agreements herein imposed upon seller shall be subject to prior sale,war,govemmental regulations and requirements,embargoes,material shortages, labor strikes,fuel shortages and other factors beyond the sellers control which prevent or delay performance by the seller. The Guyer hereby acknowledges and agrees that Guardian Storm will assist in obtaining the necessary consents or approvals from any controlling bodies such as a condominium association,co-operative assoclation,or homeowners association,and Buyer does. by execution of this agreement agree to indemnify the Seller from,all liability and hold it harmless from any costs and expenses incurred.including,but not limited to a rney's fees,arising from claims.actions or demands due to Buyers failure to obtain said consents or approvals. GUARDIAN STORM PROTECTION,INC.will do our best effort to assist in obtaining approvals. This company reserves the right to reject any contract which does not conform to its standards of design,pricing,avalllable merchandise or other materials nithin the discretion of company officials. Delivery Inslalfation date is determined by product availability and prevailing weather conditions,and not a factor guaranteed by Seller. GUARDIAN STORM PROTE=CTION,INC.is riot responsible for any malfunctions of existing windows,unforeseen water penetration,walls,doors and root damage which will require storm shutter installations. GUARDIAN STORM PROTECTION. INC.is not responsible for roof the damage, landscaping damage resulting in accessing windows and/or doors. unforseen damage from an act of God. Our shutters are designed.installed and inspected to meet all local building codes,however we will not be responsible for damages from an unforseen act of God It is the Homeowner's responsibility to open and close every shutter upon completion to understand how to operate/secure and to verify that everything is operational. Page 196 of 743 'Striving to be the best in the industry" UARDIAN IOL903D Bellhurst Way,Suite 120-West Palm each, Florida 33411 GL Phone:(W1)1583-2622 - Fax:(661)828-2215 STOR P 113T CTION www.gephur(icaneShutters.com email:quardianstormprotetion @yah oo.00m - ak-storm0hotmail.com Cerfiffed Shutter Contractor Palm Beach#I1-1997 -21712 Brow ard#11-SOP17443-11 Margn21 'NT SALES Affl I- f Purchaser Addr Afyti Diate Zip Ci ty &R7 Deli" App eke Cell, All.Tel: E-mail. Gated:Y/N Development Name/HOA ritact, [3 BAHAMAICOLONIAL SHUTTERS 0 IMPACT WINDOVISIDOORS E3SFR-ISTORY USFR-2STORY UTOWNHOUSE E)CONDOMINIUM 0 CLEAR STORM PANELS X110"&COUNTRY ACCORDIONS 0 ROLL-UPS E)HURRICANE SCREENS 0 ELECTRIC Q ALUMINUM PANELS COLOR: Wirifte- Ivory- Beige- Bronze- NUMBER OF STORIES- Installation of top of the line Town and Country Nodepposit and no money due until job is fully brand, Miami-Dade county approved accordion complete and pillawd lnWDclion. r ® We are the Direct Manufacturer. 210 mph rated,strongest system available. We will match or beat any price with a comparable Special round walk-over tracks on all doors. product. • Double locks using a"backup"turn screw knob on ° 1 yew warranty on parts and labor. aII shutters. . We will assist in obtaining all necessary homeowner All openings larger than 8 feet Will have double looks and association approvals. knobs. - The work performed under this contract Is covered Our patented double in system will offer the neatest, by worker's compensation and general liability tightest stacks in the industry. I insurance. Much easier o operate than others and virtually * All installers are mnffQLrOsd cc env employees who m I free drive our company vehicles. aintenance system. -Panding Field Engineering Vefification NOTES; includes Angiet 11st discount #of openings Color CIA ML *Price Svs. Permitting Fees 5 IC TOTAL PRICE Deposit Balance Due on Installation aL Andy Kko-Owner #561-541-8114 Executed This Day Of Year Brian Greene-General Manager#561-436-8181 Purchaser Brett Furshman-Operation Manager#561- -1 1 acknowledge and AgreeToThe Con itis on the Reverse Side Page 197 of 743 -BUYERS RIGHT TO CANCEL" IF THIS IS A HOME,SOLICITED SALE AND IF YOU DO NOT WANT THE GOODS OR SERVICES YOU MAY CANCEL THIS AGREEMENT BY-MAILING A NOTICE TO THE SELLER. THIS NOTICE MUST INDICATE THAT YOU DO NOT WANT THE GOODS OR SERVICES AND MUST BE POSTMARKED BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOU SIGN THIS AGREEMENT. IFYOUCANCELTHIS AGREEMENT,THE SELLER MAY KEEP ALL OR PART OF ANY CASK DOWN PAYMENTS NOT M EXCEED THE LESSER OF 5 PERCENT OF THE PURCHASE PRICE OR 550. MATERIAL BELONGS TO GUARDIANT CTI ,INC.UNTIL BALANCE IS PAID IN F L WRITTEN WAR ANlTY IS THIS CONTRACT AND BECOMES EFFECTIVE WHEN TOTAL BALANCE IS PAID IN FULL. The parties to this Agreement are subject to the fallowing terms: The products hereby ordered are to be custom built to fit purchasers requirements and this order is NON CANCELLABLE other than as provided by law. This Instrument constitutes the entire Contract between the parties,and no statement,representation or agreement,Written or oral, expressed or implied,not herein expressly set forth shall be considered as part of this contract or binding upon the parties hereto. Any changes to this contract must be in writing,signed by all parties,and referred to in the contract which it amends. Title to the goods covered hereby shalt remain in seller until payment in full therefore is made and said goods shall remain and be considered as personal property,subject to repossession by seller in case of default by purcha n Irrespective of being attached to of made part of any realty.Seller also retains the right to claim and enforce any and all oontractors,mechanics and/or material men's lien against any really to which said goods may be attached OF become a part to which it may be entitled under the law. Upon such default the seller may at his Option declare the entire unpaid balance immediately due and arcing. Such default shall also entitle the seller to repossess the property with or without notice and retain all sums previously paid. The purchaiser hereby agrees that the seller Shall have the tight and authority to enter the premises with or without notice►or the purpose of enforcing the seller's rights and removing such property,and the purchaser waives any rights or actions he may have against seller arising out of such entry and repossession of any damages by removal of the above described property from the prem' s.All materials belong to Guardian Storm Protection Inc.and has right to remove material until paid in full. It is understood that the terms of payment are as specified on the front of this contract and that Ilene Is of the essence. This contract shall be considered to be in default in the event that payment is not timely made.All payments due hereunder shall,alter default, bear interest from date of default at the maximum legal rate of interest. In the event 1he monies due hereunder have to be collected upon demand of any attorney,or suit has to be instituted for the enforcement hereof,the purchaser agrees to pay all costs thereof,including reasonable attorney's fee. Proper venue toy any action taken pursuant to this agreement shall be Palm Beach Courtly,Florida.It is further understood that all payments due under this contract shall be made at the company otlfoes in Palm Beach County,Florida. All agreements herein imposed upon seller shafl be subject to prior sale.war,governmental regulations and requirements,embargoes.material shortages. labor strikes,fuel shortages and other factors beyond the sellers control which prevent or delay performance by the seller. The Buyer hereby acknowledges and agrees that Guardian Storm will assist in obtaining the necessary consents or approvals from any controlling bodies such as a condominium association,co-operalive association,or homeowners association. and Buyer does,by execution of this agreement,agree to indemnify the Seller from,all liability and hold it harmless from any costs and expenses iniccerred,including,but not IimPled to attorney's fees,arising from claims,actions or demands due to Buyers failure to obtain said consents or approvals. GUARDIAN STORM PROTECTION, INC.will do our best effort to assist in obtaining approvals. This company reserves the right to reject any contract which does not conform to Its standards of design,pricing,available merchandise or other materials within the discretion of company officials. Delivery Installation date is determined by product availability and prevailing weather conditions,and not a factor guaranteed by Seller. GUARDIAN:STORM PROTECTION.INC.is not responsible for any malfunctions of existing windows,unforeseen water penetration,walls,doors and cool damage which will require storm shutter installations. GUARDIAN STORM PROTECTION. INC. is not responsible for roof tile damage, landscaping damage resulting in accessing windows and/or doors, unforscen damage from an act of God. Our shutters are designed,installed and inspected to meet all local building codes,however we will not be responsible for damages from an unforseen act of God. It is the Homeowner's responsibility to open and close every shutter upon completion to understand how to operale/secure and to verity that everything is operational. Page 198 of 743 p `4 . w P, ia p FI p F4 !4 !m !a !D Ca P q I i > CL is as =0 9 9 9 9 =6 . F F :" . 20 :82, oz = 0 w ca cra w m to w ca cm 0 w w CD w Ca _p V w m w 0 em 01 w w w Ca (D Ca (fi (0 = =r rgC 5. a s C C HOUNIFffifif Iff ' ROM ' ff Cs 03 36 a a a a a a a a a CA 03 Ca Cm CA Co h3 pa Cm C5 rl� to 03 M City of Boynton Beach f124 E Woolbright Road Ir ICISUA RDIA N Boynton Beam STORM PROTECTION Page 199 of 743 p 74 p p p N > > > > > > § CIL 'Do w (A (n w w CA w cn w w = = = se CD CD 00 "4 go FS r--w? 11 1 NO I CD City of Boynton Beach T -4 124 E Woolbright Road UARDIAN Rear of in Buildings mommommom STORM PROTECTION Boynton Beach Page 200 of 743 'BUYERS RIGHT TO CANCEL•° IF THIS IS A HOME,SOLICITED SALE AND IF YOU DO NOT WANTTHE GOODS OR SERVICES YOU MAY CANCEL THIS AGREEMENT Y- AILINGA,NOTICE TO THE SELLER. THIS NOTICEMUST INDICATE THAT YOU DO NOT WANTTHEGOODS OR SERVICES AND MUST BE POSTMARKED BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOU SIGN THIS AGREEMENT IF YOU CANCEL THIS AGREEMENT,THE SELLER MAY KEEP ALL CIA PART OF ANY CASH DOWN PAYMENTS NOT TO EXCEED THE LESSER OF 5 PERCENT OF THE PURCHASE PRICE OR$50, MATERIAL BELONGS TO GUARDIANT TI ,INC. L IS PAIDIN LL. WRITTEN WARRANTY IS THIS CONTR CTAND BECOMES EFFECTIVE WHEN TOTAL BALANCE IS PAID IN FULL. The parties to this Agreement are subject to the following terms: The products hereby ordered are to be custom built to fit purchasers requirements and this order is NON CANCELLABLE other than as provided by law. This instrument constitutes the entire Contract between the parties,and no statement,representation or agreement,Written or oral® expressed or implied.not herein expressly set forth shall be considered as part of this contract or binding upon the parties hereto. Any changes to this contract must be in writing,signed by all parties,and referred to in the contract which it amends. Title to the goods covered hereby shall remain in seder until payment in full therefore is made and said goods shall remain and be considered as personal property,subject to repossession by seller in case of default by purchaser.Irrespective of being attached to of made part of any realty.Seller also retains the right to claim and enforce any and all contractors,mechanic's andibir material man's lien against any realty to which said goods may be attached OF become a part to vrhich it may be entitled under the law. Upon such default the seller may at his option declare the entire unpaid balance immediately due and owing. Such default shall also entltle the seller to repossess the property with or without ricifice and retain all sums previously paid. The purchaser hereby agrees that the seller shall have the right and authority to enter the premises with or without notice for the purpose of enforcing theseller's rights and removing such property,and the purchaser waives any rights or actions he may have against seller arising out of such entry and repossession of any damages by removal of the above described property from the premises.All materials belong to Guardian Storm Protection Inc.and has right to remove material until paid in full. It is understood that the terms of payment are as specified on the front of this contract and that rime is of the essence. This contract shall be considered to be In default in the event that payment is not timely made.All payments due hereunder shall,alter default, bear interest from date of default at the maximurn legal rate of interest. In the event the monies due hereunder have to be collected upon demand of any attorney,or suit has to be Instituted for the enforcement hereof,The purchaser agrees to prey all costs thereof,including reasonable attorney's fee. Proper venue for any action taken pursuant to this agreement shall be Palm Beach County,Florida.It is further understood that all payments due under this contract shall be made at the company offices in Palm Beach County.Florida. All agreements herein imposed upon seller shall be subject to prior sale.war,governmental regulations and requirements.embargoes,material shortages, tabor strikes,fuel shortages and other tactors beyond the sellers control which prevent or delay performance by the seller. The Buyer hereby acknowledges and agrees that Guardian Storm will assist in obtaining the necessary consents or approvals from any controlling bodies such as a condominium association,co-operative association, or homeowners association,and Buyer does,by execution of this agreement,agree to indemnity the Seller from,all liability and hold it harmless from any costs and expenses incurred,including,but not limited to s rney%fees,arising Irom claims.actions or demands due to Buyers failure to obtain said consents or approvals. GUARDIAN STORM PROTECTION,INC.will do our best effort to assist in obtaining approvals. This casnpany reserves the right to reject any contract which does not conform to its standards of design,pricing,available merchandise or other materials within the discretion of company officiats. Delivery Installation date is determined by product availability and prevailing weather conditions,and hot a factor guaranteed by Seller. G UARDIAN STORM PROTECTION,INC.is not responsible for any malfunctions of existing windows,unforeseen water penetration,wails,doors and roof damage vrhich will require storm shutter installations. GUARDIAN STORM PROTECTION. INC.is not responsible for roof the damage, landscaping damage resulting In accessing windows and/or doors, unforseen damage from an act of God. Our shutters are designed,installed and inspected to meet all tol building codes,however we will not be responsible for damages from an unforseen act of God. JOS the Homeowner's responsibility to open and close every shutter upon completion to understand how to operatelsecure and to verity that everything is operational. Page 201 of 743 0 r =r :2' :r Mr :�r V ire :7 C C C C I I CD ro (A Ih T City of Boynton Beach 124 E Woolbright Road UAJVDIAN Rear of Main BUIldings Boynton each STORM PROTECTION Page 202 of 743 'Striving to be the best in the indusW 9030 Bellhurg Way,Suite 120-West Palm Beach, Florida 33411 UARMAN Phone;(561)683-2822 - Fax:(589)8 -2215 6 am ONEEMEMEMEM i$L www.gaphunicaneshufters.com STORM PROTECTION email:guardiansWrmprotection0yahoo.com , ak-storm@hotmail.com Certified Shutter Contractor Palm BeachN U-1997 _J 9 A . 979M-21712 Broward#11401?117443-111 Martin#MCH$4217 SALES AGREEMENT Purchaser _City of Boynton Beach Water U1111es 71 Address 124 E Woolbright Road Date 21217 City _ Boynton Beach ......... ZP Deflveq Approx.-10-12—Weeks Gell.— Alt Tel: E-mail: errM1 bbfi.us Gated:YIN Code: Development Name/HOA Contact., (2 RAHMAJCOLONIAL S81mTRS: IMpAcTWINDOWS/111110ORS DSFR_1ST0Ry DSFR_2sMRY OTMROUSE 000NOOKINIUM D CLEAR STORM PANEL N&COUNTRY I ACCORDONS DROLL-UPS 13 HURRICANE SCREENS UELECTRIC io,w — Broe NUMBER OF STORIES 0 ALUMINUM PANELS CO R: White— Ivory— Beige nz stallon of top of the line Town and Country - No deposit and no money due until job is fully brand, Miami-Dade county approved accordion complete and 2&aMd ingpeogn, We are th shutters. :a e Direct Manufacturer. • 210 mph rated,strongest system available. We will match or beat any price with a comparable • Special round walk-over tracks on all doors. product. • Double lock system using a"backup!turn screw knob on 10 year warranty on parts and labor. uttrs. We ill II assist in obtaining all necessary homeowner all she ® All openings larger than 8 feet will have double locks and! assoclafion approvals. knobs. The work performed under this contract is covered • Our patented double hinge system will offer the neatest, by worker's compensation and general liability insurance. fightest stacks int industry. All installers are UDjf9ffnW=12=employees who • Much easier system to operate than others and virtually drive our company vehicles. maintenance free SyMM. 'Pending Field Engineering Verification -price lnct Angle's list discount office Building 2 #of openings Color To be determined *Price $ 1700.00 — Permitting Fees 5 Actual cost _ TOTAL PRICE $_1700.00 plus permit fee Deposit $__ 0 Balance Due on installatipermit feeon S Andy Kobosko-Owner #661-541-8114 Executed This Day of Year Brian Greene-- Manager#581-43&8181 Purchaser Brett Furshman-operation Manager#561-358-1982 1 acknintiledge and;Agree ToThe condirions an the Reverse Side Page 203 of 743 "BUYERS RIGHT TO CANCEL" IF THIS IS A HOME,SOLICITED SALE AND IF YOU DO NOT WANT THE GOODS OR SERVICES YOU MAY CANCEL THIS AGREEMENTBY-MAILING A NOTICE TO THE SELLER_THIS NOTICE MUST INDICATETHATYOU DO NOT ANT THE GOODS OR SERVICES AND MUST BE POSTMARKED BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOU SIGN THIS AGREEMENT, IFYOUCANCELTHIS AGREEMENT,THE SELLER MAY KEEP ALL OR PART OF ANY GASH DOWN PAYMENTS NOT TO EXCEED THE LESSER OF 5 PERCENT OF THE PURCHASE PRICE OR S50. MATEMAL BELONGS TO GUARDIAN CTI ,INC. TI IS IN FULL. WRITTEN WARRANTY IS THIS CONTRACT AND B COMr-S EFFECTIVE WHENT L BALANCE IS PAID IN FULL. The parties to this Agreement are subject to the following terms: The products hereby ordered are to be custom built to fit purchasers requirements and this order is NON CANCELLABLE other than as provided by law. This Instrument constitutes the entire Contract between the parties.and no statement,representation or agreement,Written or oral, expressed or Implied.not herein expressly set forth shall be oonsildeTed as part of this contract or binding upon the parties hereto. Any changes to this contract must be in writing,signed by all parties,and referred to in the contract which It amends. Title to the goods covered hereby shall remain in seller until payment in full therefore is made and said goods shall remain and be considered as personal property.subject to repossession by seller in case of default by purchaser.Irrespective of being attached to of made part of any realty.Seller also retains the right to claim and enforce any and all contractors,mechanic's andlor material men's lien against any really to which said goods may be attached OF become a part to which it may be entitled under the law. Upon such default the seller may at his option declare the entire unpaid balance immediately due and owing. Such default shall also entitle the seller to repossess the property with or without notice and retain all sums previously paid. The purchaser hereby agrees that the seller shall have the right and authority to enter the premises with or without notice for the purpose of enforcing the seller's rights and removing such property,and the purchaser waives any rights or actions he may have against seller arising out of such entry and repossession of any damages by removal of the above described property From the premises.All materials belong to Guardian Storm Protection Inc.and has right to remove material until paid in full. it is understood that the terms of payment are as specified on the front of this contract and that time is of the essence. This contract shall be considered to be in default in the event that payment is not timely made.AN payments due hereunder shall,after default,bear interest from date of default at the maximum legal rate of interest In the event the monies due hereunder have to be collected upon demand of any attorney,or suit has to be instituted for the enforcement hereof,the purchaser agrees to pay all costs thereof,including reasonable attorney's fee. Proper venue for any action taken pursuant to this agreement shall be Palm Beach County,Florida.it is further understood that aH payments due under this contract shall be made at the company offices in Palm Beach County,Florida. All agreements herein imposed upon seller shall be subject to prior sale,war,governmental regulations and requirements,embargoes,material shortages. labor strikes,fuel shortages and other factors beyond Ilia sellers control which prevent or delay performance by the seller. The Buyer hereby acknowledges and agrees that Guardian Storm will assist in obtaining the necessary consents or approvals from any controlling bodies such as a condominium association,co-operative association,or homeowners association, and Buyer does,by execution of this agreement.agree to indemnify the Seller from,all liability and hold it harmless from any costs and expenses incurred,Including,but not limited to attorney's fees,arising from claims,actions or demands due to Buyers failure to obtain said consents or approvals. GUARDIAN STORM PROTECTION,INC.will do our best effort to assist in obtaining approvals. This company reserves the right to reject any contract which does not conform to its standards of design,pricing,available merchandise or other materials within the discretion of company officials. Delivery Installation date is determined by product availability and prevailing weather conditions,and not a factor guaranteed by Seller. GUARDIAN STORM PROTECTION.INC°is not responsible for any malfunctions of existing windows,unforeseen water penetration,walls,doors and roof damage which will require storm shutter installations. GUARDIAN STORM PROTECTION. INC, is not responsible for roof the damage, landscaping damage resulting in accessing windows and/or doors, uniorseen damage from an act of God. Our shutters are designed,installed and Inspected to meet all local building codes,however we will not be responsible for damages from an unforseen act of God It is the Homeowner's responsibility to open and close every shutter upon completion to understand how to operatelsecure and to verify that everything is operational. Page 204 of 743 N � a � La ' .. - City of Boynton Beach 8 124 E Woolbright Road UARDIAN EIA Boynton Page 205 of 743 p TELEPHONE Stuart ° Castle (772)1286-2633 Delray to Ft.Lauderdale Impact Windows 1954)427 SOp9 �J Shutters*Doors Esta 1969 a West Palm Beach - {561}683-4$11 FOLDING SHUTTER SYSTEM 04 .. w...F.,._. .. ..._. ,u.. .. .. .. ...e,..._.. Fax:(561) D 82 ! #i 7 streett ie + estt Pal each FL 33413-1640 -a, _._.� Wt�line�hu e .cr3s� f _�._.,. NA TELE F•h RL BILLING ADDRESS ,JOBADDRESS' RSL` STATE 2P CIRCLE COLOR; White Bronze Beige OTHER T ADO R T NW A 0 R B f L 0 L K L 1 NUU U I ALR T U E0 EM -N-TA I ' N I A AA 'C y B N FR I N11 D N N EQ 0 1 X D s 1 FR ISHEd N It W OPENING D 8 SIZE SIZE LROOM WIN X 04 E x HT PRICE xr4 X SS 173 ISX4 A SA lei jk a of ®A3 RAW F L I ffl TER Til SFIALLFABRICATEASEI¢°` '.1TvF PURSUANT TO THE TERMS AND CONDITIONS FTFIISA HEEMENT, CDFt LlP IITED WA to Tk EE E AIT tF l€ UPON FINAL PAYMENT AS PROVIDED IN THIS CONTRACT, by C T s I T T CANCEL-This is a a solicit atfc: , mu do no want the goods r services,you may canel t "":e a res re l roviding writte tice seller lrs er , telegresrR,oj I. �a Thi not rest indicate that o not Warm the goods r services and must e delivered r p str er ad beFere P�tiduight t t third usin .s e I is this e e ent. f you cancel this a er ent,the seller may not kee all art of Ise cosh cin a est, CDT L ADIN TH t AND ACS I CE THI ARISEE T A T - L TE Amn Muni A T FORTH TH SIDES. TOTAL PRICE j DEPOSIT qe QOMER PROGRESS E AY''t ENT �SIGNATURE BALANCE DUE FACTORY REPRESENTATIVE J®;EV- -5552- INSTALLATION o fIC TAL TI N SIGNATURE Unless signed bycustomerthe pricaquoted can be guarantexad forthirty(30)daysrtly r R inowner's absence,name and p er Df contaALL CHECKS PAYABLE TO ct fP�r rrsea�LRr�rP , €Pystafletic�ss and a erR1. CONTRACTSUBJECT TOADDITIONAL FOLDINGTTER CORPORATION TERMS ON REVERSE SIDE Page 206 of 743 S007 REV 5/.25/16 ftlln'.AYYt A3N gge&Sd r �l I 17 I I W rl, l Q a - t e I i q � t r ' 3i-VG 'fps ;L33F3 83t7HO AHOM � 3VWN d3 C'LSnp A0 i 1 Page 207 of 743 PURCHASE ORDER CITY OF BOYNTON FLORIDA P PROCUREMENT SERVICESDEPARTMENT 100 EAST BOYNTONBOULEVARD 310 P.O. : 171204 T P.O., FLORIDAS33425-0310 DATE: 06/14/17 VENDOR 15839 SHIP TO: TO: TRIBUNE DIRECT City of c to TRIBUNE LISW CO CITY MANAGER OFFICE 333 SW 12TH AVENUE100 E. BOYNTON BCH BLVD DEERFIELD BEACH, FL 33442 BOYNTON REACH, L 33435 REQUISITION NO. 69268 ORDERING DEPARTMENT: JOHN DURGAN DATE NEEDED: RILE NO: COMMISSION' APPROVED: EXTENDED LI QUANTITY UM ITEM DESCRIPTIO IT COST COST 1 48000 . 00 A PRINT 2016 WATER QUALITY P .2500 12000 .00 PER BID #047-2821-17/IT specifications 2 48000 . 00 MAILING SERVICES . 0460 2208 . 00 3 48000 . 00 EA PpSTP,GE SERVICES .1940 9312 .00 ________ _-.._------_-- ______ ______________-.__�..-_..-_. ad PROCUREMENT SERVICES: � � P.O. TOTAL. 23: 20 „ 00 ACCOUNT NO. PROJECT 401-2819-536.47-10 Page 208 of 743 r, h- I H H I -a c7 r m h I Po a C) Ea I o. N o P4 i N H N Q SV M aft N N M cq S+ w r N Q I I I I u H I ry s-a I W 1 Q I I I I 1 00 0 o ; 0 ®,�C a O 0 O a Ey u r a d � a a-, W I N m Ln I N N cri M I--1 N Q I W I w z w HUUl i P w � •• H Q O I In v m d P4 c N o W U i N ri W6 H I p H SW+ 0 r4 W I a 0 H d97, ai H �C•Jy ., d Ra CF5 I CO pi 3 p � Fl co 0 i W O W z H H i w � pa H a i a 0 z P4 H 04� PG H i 1� H U U1 O I ra eJ W H I p p 0 Nx W W N 9+ I �' v c Q Q r H Dq W U En E4 I d H U; U] U QHQ u U U d H Gla U] I H 1 (900000 I H Q zzz ' 9 > o-HHHHHH W I e o-Q�y.}}Q�y gQI��pQp�ggQ�� FJzz H W ' W Vt Ul HHHHHH 04 a4 1 [y H H H U° s •-21 ub ec# � r D4 4J \W Q HHHHHH W I MU E-4PPEH Ea E+ C7 r E,-Hzzzzzz UHH W HHHHHH P4 PSP< 0 PN W I HU2W E+W `8N D4 Gk PJQ�J�I -i O µU3 U00 DO wm IH H �H O H , FA H WW n 0 O R+' p m Pe N t"3 U I VApHH WXH WHH - h h F°• EyHP IX UO ()r.tC .� 9\11a pa HUX HMW ip 40 l® H d I w a ?+Q w>q Q W?s Q E+ Lm F H r HHEyO MPO ME+d 14 ®A H d ' H I ONH H H co GO H N GS On WQ dN N N p O H I NOC] X00 L7dd U H i H H a I E, I u H U I RU UCD 0 H 0 � � HHV® H0 0s3 <� .r cM CY Q V4 4t P4 pq 04 Gk H W I -d N M ca H i H a I Page 209 of 743 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10t000 Date: 7-Jun-1 Department:Requesting d r Eleanor Krusell Explanation for Purchase: Water lity Report Printing and Mailingis Recommended Vendor Tribune itSentinel Dollar Amount of Purchase $23,520.00 Source r Purchase (check and attach backup materials): Three Written Quotations KJ GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase ter Contract r: Bid Number: 047-2821-17/IT NOTE: Pricing proposal for purchase must be presented in the same detail contained avithin the contract. Fund Source for Purchase: 401-2819-536-47.10 Department Head Date e 7 _ Purchasing Ari t _ - Asst it r t City r Date Form Penis /01102 Page 210 of 743 315442 m A4CC>R" CERTIFICATE OF LIABILITY 6/1!2017 THIS CERTIFICATE I INFORMATION ONLY F T CERTIFICATE L CERTIFICATE TAFFIRMATIVELY T AMEND, T T C FF IC I B IL CERTIFICATE 1 T CONTRACT T ISSUING I (S(, AUTHORIZED NEPRr REPRESENTATIVE1 T L ® IMPORTANT,. ae certificate holder is an ADDITIONAL INSURED,t e poli (imust have ADDITIONAL INSURED provisions or be endorsed. IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an andonsement. A statement an this certificate not confer rights rtffio er In lieu of such endorseme!gsl- PRODUCER GUNIFFACT Ce . NAME: epariment Commercial Lines-(513 WRE . 81 -3Q r 855-299-7117 Its Fargo Insurance rvl s USA,Inco &NIALrtst IIscom rgo. 2502 N. o Point ,Suite 400 I COVERAGE � Ta L 33607 , u CE Amedcan insurance C)mpany 22667 WSURED iNsuRER a: Travelers PropertyCasualty Co of Amedca 25674 trarlc,Inc. INSL9R c Sun-Sentinel Company,LLC URIURER Ia: 333 SW 12th Avenue INSURER E.- erf ld Beach,FL 33442 INSURER F: COVERAGES - CERTIFICATE : 11 ! below THIS IS TO CERTIFY T THE POLICIES OF INSURANCE LISTED E1 HAVE BEEN ISSUED TO THE INSURE NAMED AB FOR E POLICY PER16D INDICATED, IVC ITHST CINC ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHERDOCUMENTT RESPECT TC ICH THIS CERTIFICATE MAY E ISSUED OR Y PERTAIN, THE INSURANCE AFFORDED Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO L THE S, EXCLUSIONS D CONDITIONS of SUCH POLIC1 S.LIMITS N MAY HAVE BEEN REDUCED Y PAID CLAIMS. LTR OF IND Pe Y NUaER mm DIYYYYI POLICY EFF POLICY P LI COQ Rc GENERAL HDOG2785 57 016 08104=17tPERSONAL URRENOE S 1, CLAIMS-MADE OCCUR=:J=� Terrorism Included PREMISES Ee6� ncas 1. 8� I Llebil ty n one n) Sow &ADV INJURY $ 1, OENLAGGREGATE LIMIT APPLIES PER: GENE AGGREGATE 8 5, RO- Llcv JCT El LOO PRODUCTS-COPdr' C $ 1AMADO OTHER: Wurel Llebiiky Liq Usbilly 1.000.000 A o LEL UITY ISM09045132 0881 12016 0136 017 COMBINED� n s1 LIMIT X ANY AUTO BODILY INJURY(Per person) EC PnC@1EL7ULgO AUTOS ONLYALTICS BODILY INJURY(Per a nt) E AUTOSHIRED ONLY Ex ALIT ONLY PRC2PErd rrS AGE S $ UMBRELLAUARcurt ZUP21N5106716NF 0&04/2016 0810412017 EACHOCCURRENCE s 1, EXCESSUAB c Sys_ Terrorism Included AGGREGATE _ 1,MGODDa OE® I x I RETEN712n ®A S aE COMPENSATION 0810 016 086 12617 PER AND E LoxEns°L LI1Y 61 i AN P PRIETOFUP TNEPJ EC Y 1 N Fi 131, OFFICE EMBER CLUOED? N MIA Terrorism Included E.L.EA IDE 3 ( endalory In RNI E.L.DISEASE- PL E S 1,DDDOWDO D tdiPrnder I OF OPERATIONS E.L.DISEASE-POLICY LIMIT E 1„ DESCRIPTION OF OPERATIONS f LOCATIONS#P HIL (ADDED 101,AddiVanot Remarks Schedule,maybe affached if mom space to manned) RE:Bid 047-261-17/1T;Water Quality Report and Printing and Mailing Services City of Boynton Beach is named as additional insured as it relates to general liability in accordance with the terms and conditions of the policy. CERTIFICATE HOLDER C L City of Boynton Beach SHOULD ANY OF THE ABOVE E C IBE POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Atin:Ilyse Triestmen ACCORDANCE VkqTH THE POLICY PROVISIONS. 100 E Boynton Beach Blvd Boynton Beach,FL 33435 AUTHORIZED PRE NTATIVE l The ACORD name and logo are registeredmarks of ACORD 0 1988-2015 AC TI All rights rve . ACORD 25(2 16103) IY�BC rm I IWAS47' -OPIMUn Page 211 of 743 REQUEST FOR 010 FOR WATER QUALITY REPOffT PRINTING MD KAIUNG SERVICESSPECIFICATMING JM3MWkMMKMd For niderance,ph=@ view the 2015 Water Quality Report at: A lie print ready electronic lie of the Water Chmilly Report 1 be delivered to awarded vendor after commission approval. Plues place a check mark(,/)on the black Ine nwd to each ftern If a speclikMon Is met.It 6010aption Is taken(afternatives),bidder must o*laln using a sepamte dwo of paper. Bidder Mug-MAMM ® i r far a bid to beConsideredPRINTING SERVICES: 8 pages plus 4 page cover for a Wtal of 12 pages,vw5cal format Flat size. 11'tell x 17'wide `•- Folded size: I i Cover Pages: 100 lb.,whft or off6whille w full bleed - ` 1 ., tod whits or off-white 4/4® ll Need Finishing: The vendor J print an astimeted WWI of 48,000 Waler Quality paperVendor should subrnk a sample of the actual to be ud&Adb print the Nial report with he bid ® N sampla Mall submit within two M businessr request by the City. Failure to cornply with vendorthis tlmdne may be grounds to doom . 11 Ver'Wor should submit with b bid at least one (1) example of U-color paperwork printed on proposed or similar. H sample Is shall submit whNn two(2) bmineas days afty r9quast by the City. Failure 1 r THIS w TO RE CONSIDERED COMPLrM AND ACCEFrABLE. Page 212 of 743 Cily In espon�eo to an invitation to bid are suffy"from Sealed bids or proposals 0 PubNo records disclosure Isf decision or thirty ropose response to an invitation to, i7 dep alter the i I! I 5 Is and the City concurntntly provides room f Intent7 n. the refected bids or proposals remain 9110mPt ftm public records disclosure I such time as the Cay prWAdos notice of a decision or Intended decision concerning the 001MMItive solicitation or unill the City wfflWmws the afterreissued OMPONVO solicitation.A bid, proposal, r than tvv9W bid r I bids,all r City Clones 011ice. Documents may be Inspected w deadlinePursuant to Palm Beach COunlY Section 2455 aftr the Commissionmembers of the City I lndlw*with bidders regarding a particular request for proposal. request tr I qualilloslione r r approves a I r (a) OftrMse Uk9S &often which ends Me solicitation process. improper communications during this"Catio of as ouNnedI I I a, $°a piw 2 I,! solicitThe purpose of ft bid Is to i r printing and'malling services for the Uffiffles Department 2016'Water Quality Report." Contact: City of Boynton Beach Procurement sovkm 100 E.Boynton Duch Boulevard Boynton Beach,FL 3HU Ilyae ' E-mail:kWSjMgWggSgLUj A.M.Office Hours-. MONDAY—FRIDAY,1111100 P.M. Page 213 of 743 BIDDER ACKNOWLEDGEMENT Submit Blds To. PROCUREMENTSERVICES 100 E. Boynton Sewh Boulevard P-0. BOX310 B%fflI0n Bftcl% Florida 33425-0310 Telephone: (NI) 742-010 Bid TWo: mWATER QUAL17Y REPORT PRINTING AND MAILING SERVICESO Bid Number: 047-MI-11711T Bid ROCOMW By- MAY SQ,2017,NO LATER THAN 220 P.M. &MAL TIME) Bids will be opened In Procurement&nftss union opeallied offwWw. Bid recolving date ood dme Is satioduled 1br. MAY 30, 2017, no brier then 2:30 PA. OMI films) and may not be withdrem wkh[n n1noly(90)days aflor such dete and Ime. AN awards made as a result of this bid GWI 00nbm to 1110131011NO 800d= of do chaftr and codes of dw Cky. Name of Vander Federal I.D. Number A Corporaft of the SIGN at Area Code. ArML_ Telephone Number. —I, 2:31,22PULAML: Am Code. _25L_ FAX Number MallkV Addnw.- 333 SW 12th Ave i. CRYN101401): Vendor Malling Date- E-Mail Address: L)e Po�"�bun q� [!rqctoom P THIS PAGE TO BE SUBMTED FOR ED PACKAGE 14 'rD BE CONSMMD COMMM'AND ACCEPTABLE netxyvtkvftn Beach BW N&047-2B21-17AT Page 214 of 743 PRICE PROPOSAL FOR WATER OUALrFY REPORT PRINTING AND MAIUNG SERWES 047-MI-17/IT The undermirld deciam 2W he/she hm caref*emm*9d Me speAcations and b tnonmughti fmWlw wth fts provislons and whh to quality,type&W graft of pmdLcVawvkm mW ibr, ��EWWATED NUMBER OF COST PER PIECE —TOTA PRICE COPIES PRI%T"ED L $ L OW. 40,000 $ 12 QW-01) The City of Boynton Beach requhn vwxw to prm4do a wel per place to soi%qad�tray and dskw to pad office wid undeniftWo OW the cost to mail a@*via the USPS will not very,,but requinis vw3dbr to pmvide a cast to mom each pbm. ESTI 0 NUMBER OF PIECE TU—80RT. TOTAL PRICE MOR COPIES PREPARED FOR EACIC TRAY AND DELIVER M j a AILING 6 L C)o $ 4) ® k $----24223.80 ESTIMATED NUMBER E COST P k PIECE TO---TAL PRICE 00PIES MAIUNG 48.W0 .194 $ THE OITYRESERVES INE RIGHT TV PUACHASEADIDMONAL QUANTMES AT THE MUEPRA= TERW8ANDC10NDM0N6, F A. THRU49 - so,201Z AR� Jwn M COMPANY NAME IG Peggy Ngan (954 142&1312 PRINTED NAME OF ORIZED OFFICIAL TELEPHONE NUMBER LA Sw98mwm2L— paregan@tribunediny.l.com WAR§t� — TITLE FAXNUMBER ADDRESS is TM PAM To ME SUJ1kffffED FOR BID PAMSE TO BE CONSIDNED COMKIN AND ACCEPTABLE mm cov of B&Pftn Beach BMND.047,M1-17/1T Page 215 of 743 STATE OF FLORIDA a COUNTY OF PAL.M BEACH ) I, ft undersigned hereby duty sworn,depose and say dut no porlion of ft sum hereinit be paid to any employeas of the Cky of Boynton Beach as a commission, Mckback, reward of directly or Indireellyr any member of my firm or by an officer of ft corporation. CNATUUR t Sworn bad before me this day of r I __PMW Regan NAME Manager ituLIO. lbo d a NOTARY PUBLIC, at L&Ve Tribune PACKAGECOMPANY -t-FFICME NOTARY SEW-STAMP 17THIS PAGE M BE suaRunM FOR BID TO BE CONSIDERED COMPLEFE AND ACCEF"CABLE The CRY afftmon Beach Old W 7 - 7 Page 216 of 743 NON COLLUBION AFFIDAVIT OF PRIME BIDDER County -__ deposse and says ® r 1) Hqq of �4uatt r the bidder that has submitted the anwhed Ir MATER OLAALITY REPORT PRINTING AND MAJUNG SERVICEIr Informed all peftimml circumstances respecting such b1d; 3) Said bid Is genuine and Is not a collusive or sham bid; Further, r partners, mvnem, agents, npusenUdWoo, Includingr Connived or agreed, dhoody bidder, firm or person to mAxnk a colI r r wtdch submitted or to retmin trom bidding In connection with such Gonvw%or has in wN manner, directly or Indireft sought by agreement or collusion or opmmunloallons or cordecinm with any other Wider, Own or person to Ik the price or prices In the avachod Wd or of any bidder,other or to fk MW my ®prOft or cad NernBrd of the bid price or ft bid price of any other bidder, or to asoure � I agreement any advanNige againitt the Oly of Boynton Beach rany person IntemeW In proposed Contract and a) The pdw or prim quoted in the aftwhod bid are ibir and propier and are not tainted by MV ® oongphM, connIvance or bidder unlavirl'al ogrownent on The pan of the r Including this afflant. ,. "UZ2—day of r Th 1 My commission expires 1 THIS PAGE TO BE SUBMU'DID FOR NO PACKAGE To U CWMDEM COMPLETE AND ACCEPTABLE 7ftC1tjaFBvpftw Beach BW him 047-2921-17/IT Page 217 of 743 CONFIRMATION OF MINORITY OWNED BUSINE88 This requested form Is to be made a part of our files for luture use and Muniffion. Please fill out and Indicate In the appmpriale spaces provided which cabagory beg describes your company. Retum this km with your bid proposal sheet making R an official part of your bid response. Is your company it Minority Owned Business? x yes No N , I Indicate by an V In the appropriate box AMERICAN INDIAN ASIAN BLACK HISPANIC WOMEN OTHER (Specify) (x) NOT APPLICABLE Do you possess a Cedificalon quaIVng your business as a Minority Owned Business? YES_ NO If ® Name the OrgantzsHon hoM which this certification was ablalned and date: Issuing Orgen Izatlon for Certification bate Of-derifficalan THIS pASE TO hE SWINIFITED FM 310 PACKAGE TO BE CONSIDERED COMPLUE AND ACMPTABLE 'rhe aty of Borftn Owch Bld No.047-Mn-17/rr Page 218 of 743 CONFIRMATION OF DRUG-FREE WORKPLACE Pm*wm shall be given to businesses w%h drug-ffee worl0m program.Whenever two r more bids which am equal wfth moped to ON, qwft.and 80MUS ars mceIved by#0 Cillf dBoyron Beach or by any polffics!subdivision r the procurenwt of commodilles or contractual I in the award proosm. E$101*119d PF009dul"for processing go bids wil be followed if none of " lied vandom hmm a drug-*M W0rk*09 program.In order to hmg&drug-tw wedgkoe program,a business;OWI: I I dispensing, I speaft the oofte that will be Won sgWM empicyaw jor vlobMeso of such proMbItion. in the wsriplace,the business's avallable drug oowvMng, MtoWlIftift, and program.end the penaffles ! m fordrug abuse vIDISDOMIL 3) (3W9 sach employee engaged i under bid a copy of the Maisment SP901110d In BubSWkM(1). 4) In the olaternwd 60001119d In sub$00110n (1). no* the employee ft% as a condition of wa*jM on the oornmodkies, Nr r abide by the jornm of the vMwnsrg and II noofy the employer of any convIdlon of,or pleaof gulky r r than So(a)days oftr such convidlon. who is so convided. Impiamentodon of this sedlon. As the person authwized to sign 90 Statement@ I .go this flm plim fully with the OW"mQUIMMSFAL 1 TM PASE TO BE"M"IND IM IND PACIUM TO BE COMODERED COMPUFM AND ACCEPTABLE The OW Of BOYMM Be§Ch Did NgL 047-n2l-17AT Page 219 of 743 ACKNOWILEMMENT 9NATER QUALITY REPORT PRINTING AND MAIUNG SERVICESm The Contactor Is aware that the Inspector General of Palm Beach County has The authoft to Investigate and auclit maore rohWng to the negodadon and performance of this conitravL and In furtherance toreat nay demand and obtain r000rids and testimony from the r and Its subcontractors and lower tier subcomactors. in addMon to all other remedies and oonaquences provided by law, the failure of the Contractor or Its subcontractors r lower tier subcon1tractom to fully cooperate with the Inspector General when requedeEl may be doomed by Ithe municipalk to be a material breach of this conbad jus"ng its VENDOR NAME gg Re an Tide: Sales Manager Date- 20 MIS PAGETO BE SUSMMW FOR IND PACKAGE TM My of 8"nM ftwh Bid No.047-2121-17PT Page 220 of 743 E'TATEMENT OF NO 810 ff you am not bidding this r I ownplete and return this SERVICES,PROCUREMENT City of Boynton Beach. 100 E. BoyntonBoulevard. P.O. Box 310, Boynton Beaell,FlotiOa a TELEPHONE:Failure to respond may result In deleflon of vandoes name tam the quallited biddees list for the City of Boynton ftnh. COMPANY NAME: N/A SIGNATURE: N/A DATE: N/A j�ll�.,�iYyi 4"a�f.(i . for the "WATER r r l QUALITY REPORT PRINTING AND MAILING ®�because of the following Speaffications too 4119W, 1.&., geared toward brand or manutiacturer only (explaln below) _ �. Inuriliciffit time to respond to the Inowilon to Bid We do M r this product or an equivalent Our product schedule would not permit us to perform Unable Unable Specillonflons unclear (wMlaln below) Other(specify bek* 22 IFVDU ARE RW SUMMING A IUD,PLEASE COMPLOE FORM AND RETURN TO PROCURSONT SOMAS Page 221 of 743 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 171216 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 06/16/17 VENDOR 15907 SHIP TO: TO. COMPRESSED AIR SUPPLIES & EQUI City of Boynton Beach 800 OLD GRIFFIN DRIVE, #3 FIRE STATION NO. 5 DANIA, FL 33004 2080 HIGH RIDGE ROAD BOYNTON BEACH, FL 33426 REDWSITION NO, 69153 ORDERING DEPARTMENT; OUIDA/ FIRE DATE NEEDED: BID NO: :C O� MIS IO APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1. 00 FKA BA CFS-II 2 POSITION 6211.8000 6211.80 CONVERSI./TO 5 .5 TCOM TRL VENDOR ITEM NO. - BAUER CFS 11 TCOM 2 8 .00 EA SERVICE AGR$WT./LA90R RATS:0 .75 75.0000 600.00 AN HR. VENDOITEM NOS.8RV. j- C, AG" 3 1. 00 EA VARTWS PADS, S 1?.R,' -50.0000 50.00 B4O11T— ETC 4: .VE ND0R:::�-lTEM: NO. -: VARIOUS Hj%RDW 4 1. 00 EA -:"UE- 9 CFS-II 3 P.O 81TION UNT CU-S 7137.9000 7137.90 III TJNITS.: 8.5 IN V -DOR ITEM NO. - BAUER CVS- III EN U14 IT 5 8 . 00 EA .: SERVICE AGREEMENT/ LABOR @ 75.0.000 600 . 00 $78. 00 AN 'HR. VENDOR ITEM NO. - SERVICE AGREEMENT 6 1. 00 EA VARIOUS PADS, SPRINGS, RINGS, :50 -00.00 50 . 00 BOLTS; VENDOR ITEM No. - VARIOUS HARDWARE REMARKS:. UPG9AM.:SCA MACHINES: .... ... .... oT....... PROCUREMENT SE CES; P.O. TOTAL :14649 70 ACCOUNT NO. PROJECT 001-2210-522.64-06 PURCHASING Page 222 of 743 r- co I p 1 14 cq i m 0 z X I U W 134 Ln in �:) I H H x I I ZI WS: H W2c No 0 0 0 a v 0 E, H H Q m I h1 94 6 C� C� C� M C� 0 r� 0 01-1 0 0 rl 0 0 Ch FV C3 P -1 C, Ln m Ln N W H LD W so 0 H 0 W H 0 : ril NF�, H14 M OZ4 1 > W Ol P4 I Z H w 0v 0 0 o-1 NU 1� 0 0 rl 0 C� Ch I r 0 0 0 0 14, P4 x C) Ln 8a1 0 Ln e q F A 11 H Iq 14 ,04 I p H 0 El E- i 0 0 0 01 0 0 Z H CA I0 0 0 0 0 00 j Ln W 0 I 0 0 0 0 0 0 H 0 H (n U I co 0 0 a) 0 C3 P 0 r- m 0) En0 H H W W W _; U1 C� r• Lr; C� p P 0 z ixr 1-4 r- Ln rn r- Ln H r. I p 0 H 04 z CA W ; C) m x 0 H W CD u 0 H 0 m to U z P LO I I I W 9- 4- 4 C', , 01-3 z > 0 0 W 0 0 0 0 In4 H IX:D 0 0 0 0 0 0 E- P4 0 F-I 04 P< E, I -I H W 0 042 M a Wo ON E� En rj] .1)0 W ri U r14 4W 00 X Ln P P P P P P W :D U OL)W rX 4 Z Z Z Z Z Z ca I p In w M w M W x E E x x E N 04 04 04 N N E-4 > 5 > > CIP CYP OIP CRE 0 E�0-+ P4 'Im ^pi Iwzmzwzwzwzwz E4 W Da cn W W W m W w w w W w W 0 ul PC= Hmm 0 co M p ril V) W 4 W H w 0 w � W UH "U ne4u 0>4u H�,4 U .>4v 0>,U H H H H H H 0 CO�PH r-N H MPH HH 4HH MPH � IM aw> W> mm> iw> >1 01:�q OADM CY>q 0>1 0>4 0 W N I% •N z n N E4 V.,Curml Dr4 W W U�e4 C�g M w w W w w w C�m am m Hmm mm umm Z>4 Z>4 Z>4 Z>4 Z>4 Z 14 zoHHHHHHHHHHHH M 0 Hz ri>� na>� a>� z D - t H r CkN P4 H C4 9 p WP lx9p Ix%F U6xUWULuUf U Ufs41 I ZHW H M H w .HW OHM H w 0 D4 M IX D4 N DF-, 0 6,r�, D.N r-a N : H 1� t��g I E-1 4 04 0A H 4 U43 0 P�V2 m �HW ZPW E4 W P P H p 'Z WH HH Ld WH H L8 CSS P��M �,D W W %D W W 1"4:D M R�W PZ 0 0 0 0 0 0 H W 04 N W P4 0 64 u% P u 1:4 mur4 ux wh mu 9x t v v d. NWH E WH WH r1 *,WH WH I W W W W W W N W m N ul 0w U3 rx, W Ul N vcn PL, I N N N IN N N z HW a) H M ca N N N N N N PQ 0 H ._ m m m m m H o :-6 6 Q P,4,m" 14a �"-4,Q- 12, 2�g� F,mo 0 0 0 0 OF Z E� H MPO 0 NPO WPO ANO 0+N 0 -1 -1 H 1-1 H H P U4 H;E X H 2 rk�H 2 H E H N N N N IN IN 0 P4 1 un:E wnx MME ung wnx ul m 1 CSN N N N N N Ea 0 HI 00 uOO ;Doo 00 U00 ;Doo I UH H H H H H Fq 04 : �Xzu H OXID M H o I U0 0 0 a 0 0 Ea UMH M HH WH M HU 1 0 0 0 0 0 a 0 m : �om wow V �Do mo P40 P, w u w u um 4Um mum u u) CY 0 m ca m In W 04 p! H 6d W H N fn v Ln ap I H N m v 0 ko 0z Page 223 of 743 r- CD 14 14 ui Ln — E- 0 F4 > W z ul H wo p EA u P4 X 04 W F-I V) I 0 z C4 H 04 0 w E 0 U 0 r-4 0 Z m z 0 0 rx H � P C14 0 H 04 i C3 H FA 0 0 04 W pq > Iz W T4 U E-4 934 CO CO I M 4J F:4 Ol 0-li a) w V to 4-)W 03 a) a) I rt C pmu ttl 0 0 0 U w0 Ln aj 0 5 p 0 z 4��W 0 LH�4 0 F-I E-4 4-) >1 d)0 � I I E)0 �D rd.91.41 0 0 N4 4-)IJ.L)r-i 41 rd I Fq td 0)bl a) Z" z �4 b14 CA 0 w w rd 04-3 H 0 2 0 m EA H z 41 Q) a) 0 0 p W44 Ul H 0 H P4 0 u 0 NO El .q N I 4J4 0 Fi 0 En I H d)0 H H W D) w 04 to 4V M S34 0 w w m4j m u �4 '0 pq w 0 z r-4 m I p, 0 Page 224 of 743 CITY OF BOYNTON BEACH RZQUEST FOR PURCHASE OVER $101,000 6/13/2017 Requesting Fire Rescue Ouida/ Roggatt ext. 6329 Explanation . For e conversion of the compressors at station #4 6 #5. Orate eed .flea jai e 1 14.6 9a� Source for Purchasematerials): Three Written Quotations GSA State Contract PID APS RESPECT Piggy-Back Sole Source Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the some detail contained Vithtn the contract. f6jj&rSource f . Funds-will be taken from acct#001-22.10-522--64 -06. Furr 1 . Department ea t I ing Agent Date 46, ./ Asst City Manager Date City ana ,e ate FOFTmn Revised 1116/0 Page 225 of 743 a'• COMPRESSED AIR SUPPLIES& EQMT, N f INC 800 Old Griffin Road#3 Dania, Florida 3 to stl a o. : 954-929-4462 lnfo@compressedairsupplies.com (311017 3785 • NamelAddress ;•.' City of Boynton BeachFire Rescue Greg Hoggatt 2080 High Ridge Road Boyton Beach, FL 3342 ` �rR Item • ' e .r� r Description t I Misc Items Bauer CFS-II 2 position conversion to 5.5 Fill cabinet for 1 6.211.80 6,211. 0 ` TCOM trailer units. Labor75 ervice Agreement Labor Rate$75.00 per hour 8 75.00 600.00 isc Items Various pads, springs, rings, bolts,ect. 1 50.00 50.00 isc Items Bauer CFS-II 3 position conversion to 5.5 Fill cabinet for 1 7,137.90 7,137.90 nics Ill units. Labor 75 Service A remt La or ate 5. per hour 75. 0 600.00 ::. isc Items Various pads, springs, rings, bolts, act. 1 50.00 50.00 {' a Total ie y r t •. $14649.70 ................................. ..... ..___________ � I str g t Jnr or 0 d v�_;�m� _kit �Is:k m n RJ ...,..—_________________,,__—.,___.�„_.�..,,A.. k , ' d Page 226 of 743 BREATHING AIR SYSTEMS Division of Sub-Aquatics, Inc. HING D 5555 S.E. Hwy 441, Unit 10-04, Ocala, FL 34480 T IR MS : t Sales: (352)629-7712 Fax: (352)401-9501 Notwww.breahingair.com ffh -MoweaquMorp SYSTEMSReynoldsburg,OH - ocnia,FL .ChaMnooga,TH a,IL- n,PA DATE.Ogfthw4-2m jowsm; june 1Z 2017 ACCOUNT#. 210232 PROPOSAL ITYBOYNTON BEACREQUESTED By. Alvis Fernandez I Chief Hottalt sumqnTED TO. COF H#2 2615 W WOOLBRIGHT AVE PHONE. (561)742-6606 BOYNTON BEACH, FIL 33426 AfOBILEpHONE. (561)523-2877 Tmms: Net 30 FAX. iTLIMS QUOTED: Up-Grade to 5.5 Fill Stations ES77MATED DELIVERY ME 6-8 Weeks ARO JOB LOCA770N., City of Boynton Beach FD F-0-B.: Shipping Included Sta.#4 and#5 NOTE: Warranty is as proposed.Two years on Now Fill Stations Only QUOTE Part Number Description Price Qty Ext e n d n7ce Price P Q 60.97 1 'nde endent'y te' $7,1 --b-FS5.5-3M F n h ree ee ns NFPA P go 1. n u sted $7,160.97 1 $7,160.97 ta ' positio ts c 4 III S tio -t fill des -onta n en a on r I m t 11 st t m III connection Fill h w f cylinder scuff guard _ SCBA int 1 0 ose ith bleed valve and safety door n er ock. 550 psi fill o-Psure. Station #5 UNII- ill tation ® l $6,265-74 1 $6,265-74 ---di- FS5.52M FSduafill. Independently tested containment fill station meets NFPA 1901. Includes cylinder scuff guard - SCBA fill connection. Fill leed valve and safety door interlock. 5500 psi fill pressure. Station#4 TCOM $99.00 ave 32 $3,168-00 XLB Service labor Per hour for 2 technicians includin tr 1,000.00 1 $1,000.00 g . ( 1i Forklift rental 2 locations -$2,000-00 1 -$2,000-00 TRADE Trade in our your breathing air fill stations towards the p on hase of a new 5.5 fill stationfi s or Stat $1,080.00 1 $1 X0.06 SHIPPING Ship in nit Charcles Alvis 1 Chief Hoggatt, -2783. If you have any questions, please cail me on my cell. (352)857 Thank you, Randy L Baker FL Branch Manager Breathing Air Systems FL Phone (352)629-7712 Fax (352)401-9501 soak tra b re ch i nugair.c o m Quote Total $16,674.71 -R ')TE D I L,R%ISAR E NE FWOWNE A—t E E IV Ay&`�!17"Fr'D�U111 MALlE ASO, iDWE, 4;,I I r"" Prices Good For 60 Days Proposal Submitted By: Rand v Baker — PAYMENT TO BE MADE AS FOLLOWS:(UNLESS OTHERWISE NOTED,TERMS ARE NET PAYMENT DUE WITHIN 30 DAYS AFTER DEUVERY) Note: Payment by Credit Card W11 incur a convenience fee totaling 3.0°/®of the ns 'on amount on all tmnsadons exceeding$1,500-00. Page 227 of 743 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH 10 BOULEVARD P.O. #: 171228 P.O. BOX 3 BOYNTON BEACH, IDA 33426-0310 DATE: 06/23/17 VENDOR 16480 SHIP TO: TO: MAKO POOLS, INC City of Boynton Beach 16118 72ND RD. N. JOHN DENSON POOL LO TC , FL 33470 225 NW 12TH AVENUE BOYNTON BEACH, FL 33435 ------------------------- -- -----------—— —-—-----------------------—--------- REGum-rION NO. 69343 ORDEN RG DEPAR,rMENT:----------------RECREATION/FIN/1,K -------- - -------.........-------------------... ....... ---------I ......—------------------- DATE NEEDED:--------------- -- B0 NO: COMMSSION APPROVED- -—----------------------- ——--------------- ------- EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 12376. 00 DL EMERGENCY REPLACEMENT OF POOL 1. 0000 12376.00 FILTER SYSTEM; REMOVE EXISITNG SAND FILTER SYSTEM. INSTALL '.R-10H .": M .':IGH''. ' FILTERS W-VE.H.. ULT.T.- PORT .VALVES. ALL & e PLUMBING,IN a d" iAB .AND: -' MATZRIALS INCEbDkb-�' F.1 j.,n- 'RS, ARS:: W TED FOR ONE Y FAR. FOR MANUMTURERS. DEFECT ONLY. *ESTIMATE #34464., 77 m sm . 7.7.. P�()�,TOTAL 123716 �00 PROCUREMENT SEWCES� -7 ——7—�po ACCOUNT NO. PROJECT 001-2710-572.64-03 PURCHASING Page 228 of 743 r r- ' I I r3 H I 11 1- I 1 M 0 W I N t�2 I I t9 6U I I I Eq O O El 6 4 W W ®Iz a i i M m �I a3 r I N N O I 1 I I W 1 1 ME-4 0 Z to H I I W 1 1 I I I 1 I 1 I I I 1 I 1 I I 1 1 I I I + I 1 1 I O I O r} I m 140 i Ei U1 dD I I M dW 1 CQ I N €V 1 � I I I 1 W H I I W I I �I + fq�4 I C3 °• I 1� Fa Cr9 H co 1 Cg M Dr a U I O I pp. �ak- 05 Q I • I H '4...a 8 Cy ® I I [-4 O a+ 0 I 17 I O I H I ® W U I H 1 H b W w W LO 0 I ' z ✓W H I I W H I aJEA J24 H p H NU W EA 1 %0 � H CJ U] 9 z 0 H W Ch a+ r i E+ W 1 I W 1 H 1 Pf} E-q E4 p H H 0 M i apq ri)g4 En i N P H Ew � Hfv i H o-"7 K�W w b 1.32 CY 9X r14 1Ix U]rTs IOIN W w O W i WH W WI� tD P W I aWw WW i W 0 1 HHCu Wr+ 1 Uj 0 e t-1 H i 31 0 W W W 1 WU 0 z DQWE N Cu I at W >+ r H Hlapq H0 7 1 E-0W W U] 1 WW O i ®HF ON4 rju a W H W 1 N OFN4 + W OWP4 Ea I H a I Nope W iw [7 W W Ssa i N 04 U + w m W 02 W W W I U H 134 W VP0 I O W I � 1 9 F1® I � •• E; W SHO tm W 0 I a8 M v N N 1 N Ei W W z A W W Cel z u Ea -Z PQ O I W m p--Co ll W •• •• I Ln W W UI H H I HVW <rd ;H0 U�qw E'I H I X— - D W P 0 E Immw � Al r ON Ual pa H r a W 00 1 UH U H 0 V i Dorp E W H U i Qac Z P4 WWW H p m I W U]W �H Mi MO I H ye0 W E+ W 1EWZOaw WUUl IPU 04 W ae G HH :4 00 + WWH0.1 i sa FA 8 p P W W Z W z of PM4n V5 w + 1 H 9 W z 0W a I W E M 0 W 1 I W W a ZI Page 230 of 743 Ll S+ 1 1 1-1 r{ D 1 1 cv r 1 I 1 1 .. EAr 1 C4 F4i 99 04 i ¢ g 1 I 1 1 I , 1 I fs7� ® o i o 1kmI �'Aet I � Ea H I # d9 r7 HS 1 1 I a ry LD p E-4 I j.l I I o +Q 1 H 1 o W i e W Im W O + Do a 1 , H E+ I 1 HI IH H F 1 1 Of pq 0 i I I 'z., z � 1 H W H I � W o H I W v7 i [� H IFAC9 i H i H Ew W WH ra ^ ® 1�Cosa m MOO I i0 iE4 W o o m to e91 W f �D+ I H I114 �Ee o I CJ HO H i OCH i W S. i M 0 ES P* CD i H N 004 04 o H 04 lw �0 1 �'1 Igo H tel r N Ci] ° Ej a W E-1 0 H a, I Ck o El A EI 1 H 0 W I EI I W O N u m 1 E+ um + at 1 to 00 Mt i r-1 i W rt pa Q H No Page 231 of 743 Estimate 16118 72ND ROAD NORTH LOXAHATCHEE FL. 33470 3"64 s Phone( 1) 1-2437 612212017 Fax(561)333-2883 www.makopoolsinc.com BILL FOR PROPERTY LOCATED: ® T CITY OF ON BEACH CITY OF BOYNTON BEACH 225 NW 12TH AVENUE DENSON POOL BOYNTON BEACH, FL. 33435 225 NW 12TH AVENUE BOYNTON BEACH, FL 33435 WE HEREBY SUBMIT SPECIFICATIONS ' Cft Total POOL EXISTINGREMOVE ILTER SYSTEM 12,376.00 INSTALL{ }NEW HIGH RATEIL ITMULTI PORT VALVES. L SAND, PLUMBING, I INCLUDED. The filters warranted r one year for manufacturers defect only. manufacturerThe determines this.Any other failure is not covered under DAYS.60% Due before start, 60% Due upon completion. Total $12,376.00 THIS ESTIMATE VAUD FOR 60 ACCEPTANCE OF PROPOSAL-The above prices, satisfactory accepted. t • PRINTED MAKO POOLS . Page 232 of 743 Howard, 1 LaVerriere, Lori Thursday,June 22, 201710:37 A ® Groff, Colin Howard,Tim; Blackman,Amy, Majors,Wally RE: Pool closed - leak in filter will sign off asap so we can get it replaced immediately. Lori LaVerriere City Manager City Manager's Office City of Boynton Beach 100 E. Boynton Beach Blvd. t Boynton Beach, Florida 33435 551-742-5010 561-742-6011 LaVerriereL@bbfl.us k htt ://ww.boynton-beach.or America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From:Groff,Colin Sent:Thursday,June 22, 2017 9:10 AM : LaVerriere, Lori<LaVerriereL bbl.us> Howard,Tim< owarT flus>; Blackman,Amy<BlacmaA bbfl.us>; Majors,Wally< jors fl.us> Subject: RE: Pool closed-leak in filter Lori, The commercial pool maintenance company has inspected the issue and it cannot be repaired, The filter equipment is no longer available on the market so the only solution is to replace the equipment. The replacement equipment ets current pool design guidelines which include redundancy so when filter issues occur,there is back-upfilters available. Using standard procurement process,the project timeframe is between 7 weeks. We are proceeding with anemergency Purchase Order today and the company will start the work as soon as the PO is received. They will have the new equipment shipped immediately from the warehouse. If all goes well,the pool could reopen within -4 days. Thanks Colin Groff Page 233 of 743 Colin Groff, P.E. Assistant City Manager Public Services City of Boynton Beach 100 E. Boynton Beach Blvd. ? Boynton Beach, Florida 33435 561-742-6401 j GroffC@bbfl.us I ;U http://www.boynton-beach.or America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. LaVerriere, Lori Sent: Thursday,June 2 , 20178:43 AM Grant, Steven; Casello, Joseph; McCray, Mack; Katz,Justin; Romelus, Christina Majors, ally; Groff, lin; Howard,Ti Subject: Pool d - leak in filter Mayor and Commissioners: Wally informed me that we have a leak in the filter at the pool and unfortunately it requires the pool to be closed. The water can't be circulated properly and it becomes a sanitary hazard. The repairman is out there now assessing the extent of the repair needed. Once I know the details I will pass it on. Staff is working with AquaQuest and YMCA for use of their pool in the meantime for camp/lessons,etc.At this point Wally anticipates the pool to be closed for the remainder of this week. Lori LaVerriere City Manager City Manager's office City of Boynton Beach 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 � 561-742-6010 561742-6011 fi LaVerriereL@bbfl.us http:/lwww.boynton-beach.org/ America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to isclosur .Ur Florida records law,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. 2 Page 234 of 743 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 171233 y P.O.BEACH, FLORIDA +DATE:# 06/27/17 VENDOR 14676 I T : TO: AMJ - TRINOVA - FL City of Boynton Beach 2401 DRANE FIELD AST UTILITY ADMIN LAKELAND, FL 33811 124 E. WOOLERIGHT ROAD BOYNTON BEACH, FL 33435 REQUISITION NO, 69297 RDEMNO DEPARTMENT- UTIL-WWTP MR DATE NEEDED. BID NO: COMMISSION APPROVED: a EXTENDED LINE# QUANTITYUOM ITEM NO. AND DESCRIPTION IT COST COST 1 1.00 EA LIQUIFLO MAGNE 211 Uk VE - 5306.4200 5306.42 CHLORINE 145TC FRAME /. MOTOR NOT INCLUDED VENDOR ITEM NpI:II $:I{�:OEUU 2 1. 00 EA LIQUIFY© MAGETQ. DRT3TE 5306.4200 5306.42 CAUS�'��- : 56C nR NOS ILET� VEN ¢R I.,I`I'ENI ATO. P LPPBBlDO$VU 3 1.00 EA PULL- FEPAIit KIT ' 2233.:. 0000 2233 .00 U .ITI NO. - K '1L�F$B1t30BVU :REMARKS -:REMACEMEN EMARKSREMACEMENT PUMPS FOR SODIUM 'HYPOCHLOR��E . SQLE SOURCE VE164DORsm . QTE; �170,0'�58 PROCUREMENT SERVICES. P.O. TOTAL., 1_2845.84 ACCOUNT NO. PROJECT 403-5000-533.65-02 WTR020 PURCHASING Page 235 of 743 H c"I 1 , I I i O w w ar s I O O r1 I O m O M I ri H , m M N w Ln Ln N clq 1 1 IP4 on W cl I 1 , H I 1 1 I 1 1 , I I I , I I I I I , 1 1 1 I Ct C1 v IL ea eo r� a 0 co o O O I 0 O Pi � I r1 1-4 H N4 I M M N am I Gw I in 111 N N { U U U •q —1 •ri a I I L`• I O O O 1 1}t H I N N 0 0 f f Iy O F I m m m O 1 6,p 4D m E~ I H �f ¢I Qi r� O 1 I O O try I F F} i 111 u} N ' f�'. L 11 41 F 1 U} I H t .-1 ,H ri H am OD N i fx as W a W f 10 O NO WC,L4 N NfllNQiN07 z ® F ri O O O W z ®O Ido Itl g a z z m H lxz I O O O 1 az z H a I H rl i H U U d W z W , 1 H i O rz I O H qO W , I U z U5 0 � � O I U r11 ul F 1 1 H ' 1 O C7 C7 b 1 O O dIx W V4 04 N P4 01 1pq M Da m FApa EQ H MH I 1 4 U p4" aS I H H H I HO H 0 0 I pd G4 Ili H I WWHM F H m HM + FWFI F I M WQ ®,7 U O U M i zFC rS 14 08Oz UU aU U I U U U >+ zrx 94 , 1 H 1 I He a 1 zU a �a i H HRa'H a4 01 F E+ H I F H I H zI C4 Hai HFH HNrd I 1 qa, O wNs I H U3 , UFav3 UWa1 G] aU] I N N N HOHN HOH04 Haa , O O W 1 F Z O FE-1 O P I Ill Ln N .. 1 K O WOO Hr W W to UZa MWN i cq M m M O I 4pa .... '\.. .. P4 .. .. 1 111 all 1n W H I Q yin H4+ 1 Ho 0 0 z F 1 O WFOQ'HO r O O O O I O H O H aH I O O O .04a< 0 w I O u9 Ln to F O N 00 W O O NOO I Um m M H 141 HUEU H04U U I UO o O z N H d i LnO Ru a0 d'd / O OF I HVU19 w Hca DUm at i 0,1 0 L1 W ; H O H I1 4F I rc-9 N M I r-1 N I+1 H O r I I la W O � Page 236 of 743 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER 000 . ? Date: n-17 Requesting Leon Li if Operatoi �Explanation for Purchase: Replacement for Sodium Hypochloriteto feed system. Project Recommended Vendor conova Florida-Fomerly Dollar mount of Purchase $12,845.84 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Bu etd Item Emergency rchase Other Contract Number- NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 40350005336502 T Approvals: ,�- Department Head Date If, � Purchasing t Asst City Manager Date City r Date Form evil O JO11O Page 237 of 743 V REQUISITION REQUEST OR Pi—T o •ENTRY DATE: H.T.E .REQUISITION# 69297 Clerk: MR Procurement sit, Director. Citi Manager(non b d c*taland/or 50 01 REASON FOR PURCHASE: Replacement pumps for Sodium Hypochlorite and Caustic feed system. Project WTR020 ! soume INFORMATION:VENDOR DIVISION: T T! . Name: Tri ova® Inc. Floridad min. ate: !1 12017 _ ASAP ( � Address, 2401 rain Field RoadEngineering ( j ateNeeded: 07/01/2017 Confirm. j ust. ReL ( ASAP/Conf. Lakeland, FL 33811 DistributionFK1 Phone(contact): die FernandezWater Qua]. er l ) E.Admin. 40 ( ) over 0 Phone: 1-800-881-1487 PumpingQuotes/Written ( TP 41 ( } Fax: 1-863-687-0077 00 Vendor Number,1457 Treat. . ( ) T { Meter eryLtr. (X) PIU 99 ( } INITIATOR: aon I-Iberus, Chidr e e +Re nce ( Special Instructions: ire nt :tr r. Project Number: 020 uan. Unit Price esori tion NumPart uer Fund e t Basic lemurb° mount P1LKK1313100I3VU 1 $5,306.4. LIQUIFLO MAGNETIC DRIVE-CHLORINE 403 5000 533 65 02 $5,306.42 145T145TC FRAME/MOTOR NOT INCLUDED PlLPPBBIOOBVU 1 $5,306.42 LIQUIFLO MAGNETICI -CAUSTIC 403 5000 533 65 02 $5,306.42 F 1 MOTOR NOT INCLUDED 1 $2,233.00 KPILPPBBIOOBVU 403 5000 533 65 02 $2,233.00 FULL REPAIR IIT Quote#1700858 TOTAL Page 238 of 743 Uel'°es 11411 Woolbright Bea Boynton Beach Randa. 33435 Phone(561)741-640 FAX:(561742-6298 OFFICE OF THE DIRECTOR OF UTILITIES QUOTATIONS ITEMS REQUESTED: Replacement pumps for Sodium Hypochlorite and Caustic feed system. Project WTR020 SOLESOURCE VENDOR l: TriNova Inc. Florida DATE: 061 62017 CONTACT ® Eddie Fernandez 1- 00 1-1487 $12,84M4 : CONTACT PERSON: PHONENUMBER- VENDOR #3: CONTACT PERSON: PHONE NUMBER- ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. Page 239 of 743 TRINOV&INC-Flodda Z 7 A2401 Drane Field Rawl v�WJ� Lakeland,FL 33811 Q U 0 T A T 10 N AR ( ,�vjffi 1-1487 Phone 1863-0743077 Fax Page: I Quotation For: CITY OF BOYNTON BEACH Quotation#: 1700858 WEST WATER ADMIN Revision#: 5469 W BOYNTON BEACH BLVD Date: 06/06/17 BOYNTON BEACH FL 33437 Ph: (561) 742-6953 Fx-. Prin Quote#s Attn: LEON LIBERUS E-Mail: LIERRUSL@BBFL. US Ref: ® FREIGHT IS INCLUDED Please Address Order To: Delivery: 2 Weeks, ARO Salesman. DENNIS PARKER TRINOVA FLORIDA, FORMERLY ANJ Validity: 30 DAYS ** FLSALEBOTRINOVAINC.COM Terms: NET 30 DAYS LAKELAND FL 33611 TRINOVA FLORIDA IS EXCITED TO ANNOUNCE, EFFECTIVE 8/1/16 WE HAVE A NEW ADDRESS: TRINOVA FLORIDA 2401 D FIELD ROAD, LAKELAND FL 33811 -VV I PILKKBBIOOBVU 5,306.42 5,306.42 LIQUIFLO MAGNETIC DRIVE PFA LINED STAINLESS STEEL GEAR PUMP ANSI FLANGES PEEK DRIVE GEAR PEEK IDLER GEAR SILICON CARBIDE WEAR PLATES/BEARINGS .875" (NEMA 143/145TC) MOTOR FRAME NO MOTOR INCLUDED ALLOY-C/PFA-LINED CONTAINMENT CAN SILICONE CARBIDE SHAFTS VITON O-RINGS (MCU) 75 IN-LBS MAGNETIC COUPLING MEDIA: NaOC1 20 PSI AMBIENT TEMPERATURE 6% 12 GPH-38ORPM, SOGPH-1145 RPM, 80 GPH MAX 12* 12 GPH-300RPM, 50GPH-1065 RPM, 84 GPH MAX 2 1 PILPPBB10OBVU 5,306.42 5,306.42 LIQUIFLO MAGNETIC DRIVE PFA LINED STAINLESS STEEL GEAR PUMP ANSI FLANGES PEEK DRIVE GEAR PEEK IDLER GEAR SILICONE CARBIDE WAER PLATES/BRARINGS .875-1 ( NEMA 56C ) MOTOR FRAME NO MOTOR INCLUDED ALLOY-C/PFA-LINED CONTAINMENT CAN SILICONE CARBIDE SHAFTS VITON 0 RINGS (MCU) 75 IN-LBS MAGNETIC COUPLING MEDIA: 50t CAUSTIC, 20 PSIG, APPROX. 100CPS VISCOSITY AT AMBIENT, MAX CAPACITY- 78 GPH ( 1.3 GPM NOTE; EITHER PUMP IS COMPATIBLE WITH EITHER CHEMICAL. CONTINUED ON PAGE 2 Page 240 of 743 TRINOV&INC-FWda 2401 Drane Field Road Lakeland,FL 33011 Q U 0 T A T 10 N 800-MI-1487 Phone 1863-687-0077 Fax FLSaIea@MnGvaIrw.cDm Page: 2 Quotation#2 1700858 Revision#: Date: 06/06/17 10" 3 1 KPILPPBE100EVU 2,223.00 2,233.00 FULL REPAIR KIT INCLUDING: PEEK GEAR SET,SILICONE CARBIDE WHAR PLATES & BEARINGS GASKETS AND 0 RINGS not Total: 12,845.84 Did you know that our service team can Commission/Start-Up and Troubleshoot all of your instrumentation? We would be happy to provide pricing. PLEASE SEND ORDERS AND INQUIRIES TO: FLS ALES@TRINOVAINC.COM By. EDDIE FEEZ or 19 PARKER Page 241 of 743 ChemqicalUsuif I a @ a Prowssing Pumps Liquiflo Equipment Company 433 North Ave. Garwood NJ 07027 Sole Source Letter To Leon Liberus: Trinova is the sole source provider for the entire Liquiflo product offering for the Florida Peninsula in the municipal market. This includes new pumps and aftermarket sales and service of our products. Sincerely, Mike Arndt Sales Liquiflo Equipment Company Page 242 of 743 .PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON EACH BOULEVARD P.O. BOX 310 P.O. #: 171246 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 06/28/17 VENDOR 8462 SHIP TO: TO: BENNETT FIRE PRODUCTS COMPANY City of Boynton Beach 195 STOCKWOOD DRIVE FIRE STATION NO. 5 ST E 170 2080 HIGH RIDGE ROAD P.O. BOX 2458 WOODSTOCK, GA 30188 BOYNTON BEACH, FL 33426 REQUISITION O. 69311 ORDERING DEPARTMENTn OUIDA/ FIRE ® ........................................... DATE NEEDED: BID NO" I__ COMMISWN APPROVED, EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 8 . 00 EA GLOBE GXTREME 3 . 0 JACKET BBFR 1189. 0000 9512 .00 SPECIFICATIONS VENDOR ITEM NO. - GLOBE GXTREME 3 . 0 2 8 . 00 EA GLOBE HARNESS :kkAb.Y TROUSER -.W/ 992 . 0000 7936.00 NOMEX BELT SPECS. ... . VENDOR ITEM N.0 A.�- PS S' R9ADY TROUSE REMARKS: PIGGYBACK LAKE 'CO FL CONTRACT #12-0 EXP. 6/30/17 r7rm : . . . . . . . .. . . . . . . . . . . . .. .. . . ... . . . . . . . . .... .. .... PROCUREMENT SERVICES; NO P.O. TOTAL 17448.00 ACCOUNT O. PROJECT 001-2210-522 .52-23 P.O. TOTAL PURC14ASING Page 243 of 743 r- r. I W r H rl i fn I I WI - ON 0 W 0 0 C> 0 C) C! 9 C� I ON %D co �kn m >4 0 m W 0 0 C3 C3 0 co M 0 P EAU I N U x I H W Ln Cr" 0) i3q rP H H m I 0 (3 ra tCD P4 MOI n C3 I 0 I U 0 0 69 1 H 0 0� C14 E I >4 0 1 Go ON I z C3 a H 0 0 H 0 rA Nw W D4 0 z co 0 Ol W P4 Di 0 0 C3 0 z DI 0 . HI IH H "En P4 E-1 I co OD rA Dkz 0 M H Ox n w � 0 z �j rA N Ol FA M Z H z H 0 z co 0 [A I U i L) z U E-4 CO 0W 0 04 0 : N : u p H PQ �3 : Z F 4-1 d) (D Hy > a BE-BE- w � P4 fX I mZrAz H W W TA W M umm Emm RE w m 0 U 1 04>4 U 2>4um 114 H04 1 H 11 u 0 1 MPH E-4 H 1 :0 to Cd m[y� I- 0>40tSa ia� I W 04 W Ln %4m 94 m m C�m p4m. H E�m z>4 H E�>4 0 z m W 0 W0 rA>4 W?q :4 M w M W4 H El PP44 E8 rx E� rd H P M Fi W H W r3Y 1 WNN 9XNN 1 Wm U E4 4 FA H H WNW Z 0ixuli .. WH W tx H ,,\q, ro 41 0 wwN wwN 1 N C%l E 0 - Z"yiI wN N z 0 pa 0 pa Ln In U H 0 I >ip DH n z H E-4 EA 0 PO E Q) E� w 0 : gHX HE " 0 -14 1 1 04 ME HE 0rq N U rd E0 H 1 00 00 U H H 0 >1 H 44 w � m W U z NEU NEU 0 0 r-4 w U <0 0 0 w li H 0 U3 1 OON 007;mn I I Om :j �D E- W I 0um �4um P M W 4-1 Ol n 0 H 0 41 W a 1 I m a)co u P4 H N 1 I W H m 0 a) gd M Z C41 H N I i H N � (d u 0, a m H r 1 H 0 w cq w 'A �q z Dff Iq li a) z w N#V ix 0 I Page 244 of 743 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER 000 9 6/19/2017 Requesting ® Fire Rescue Contact Person: Ouida ext. 6329 Explanationr rPurchasing uniforms/ fire rescue gear for Firefighters. Vendor Bennett Fire Products Company Lgollar Amount of Purchase $17448.00 Sour"rmaterials): Three Written Quotations GSA F-1 State Contract PRIDE APS RESPECT Piggy-Back Sole Source Emergency Purchase Other Contract r: #12-0806B NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source r Acct #001-2210-522;;W-T6 Department Head Date—(,Jl -7 Purchasing ntDate Asst City Manager A Date City Manager Dated Form Revised 01116/02 Page 245 of 743 E Quotation Bennett Fire Products® .y m ducts Co.In. www.BanneRFireProducts.com June 19, 2017 Boynton each Fire Rescue 200 e Road Boynton each, FL 33426 This price quote is valid until December 31, 2017. Discount in reference to Lake County, FL Contract 17-0606, expires June 30, 2018, % from ctrer's current 2017 fistpricefor Globe FiresuitslGxceL Globe Price List ted 311117 is in effect at time of Lake County Contract/quotation. Contract may be viewed in its entirety at www levo v Tofind information regarding this contract,follow the instructions below. Globe Gxtreme 3.0 Jacket per BBFR specifications Retail Price- $2,315.24 Lake County Contract Discount— % - $1,342.83 Boynton c 'c - $1,189.00 each Jackets @ ' _$9,512.00 Globe Internal Harness Ready Trousers with Nomex belt per BBFR specifications Retail Price- $1,945.13 Lake County Contract Discount—42% - $1,128.17 Boynton - $992.00 each Trousers @$992.00=$7,936 Page 246 of 743 FOB Boynton Beach, FL Delivery: 60-75 days after receipt of order Terms: net 30 days Thanks for giving us the opportunity to serve you! Danny Bennett, bennettfire @att.net, 770/402-9910 Bob Reardon,reardon7575@,att.net, 561/644-5722 Instructions for downloading Lake County/Bennett Fire Products Company contract infonnation: Visit the website www.1akecount3ff.jgov. 1. View the left hand column, click on"Doing Business with Lake County". 2. View the left hand column, click on"View Term and Supplier Agreements". 3. Under the Search for Contracts space,type Bennett Fire 4. Contract 12-0806B will appear and the fall contract or parts can be downloaded. If you have trouble finding the information you need regarding this contract, or if you need additional information,please contact Danny Bennett at bennettire a.att.net or 770/402-9910. Page 247 of 743 ,a LAKE COUNTY F L 0 R I D A MODIFICATION OF CONIRACT 1. Modification No,:4 2. Contract No..- 12-0806B Effective Date. July 1,2016 Effective Date:June 12,2012 1 Contracting Officer Donna Vi1linis 5. Contractor Name and Address: Telephone Number:(352 ) 343-9765 Bennett Fire Products Company,Inc. PO Box 2,458 4. Issued By: Woodstock,GA 30188 procurement Services Lake County Administration Building Attn. Danny Bennett,President 315 W. in St.,Suite 441 Tavares,Florida 32778-7800 6. SPECIAL INSTRUCTIONS: Contractor is required to sign Block 8 Showing acceptance of the below written modification and return this form to adifiess shown in Block 4 vvidlia ten (10) days after reccipt.preferably by certified mail to ensure a system of positive receipts. Retain a photocopy of die signed copy of this modification and attach to original of contract, wh`cls Vas previoutly Mviderf 7. DESCIUPTTON OF MODIFICATION: Con tractmodification to extend contract for one(1)additional year,expiringjune 30,2017. 8. Con tot's 7Signa REQUIRED 9. Lake County,Florida itur Name, B u 'fide. Pre 5 1 d ei,zl�- Senior Contracting Officer Date: Zo Date 10. Distribution: Original.Bid File Cc,Vendor,Department FISCAL AND ADMINISTRATIVE SERVICES/PROCUREMENT SERVICES P.O.BOX 7840.315 W.MAIN ST.,TAVARFS,FL 32778-P 352.343.9839-F 352.3419473 Board of Coupro,Commissioners-inmr.la6remi0fl.gov TIMOTHY I.SULLIVAN SEAN M.PAM,Alf?,QFP JIMMY CONNER CHLIE CAMPIONE WELTON G.CADWELI. District I Disirks 2 District a District 4 District 5 Page 248 of 743 G-XTREME& 3ID0 STYLE JACKET OVERSIZE CHARGE-ADD 30%FOR SIZE 60+ With all the features of our original G-XTREMEO including Globe's exclusive AXTI Back and Sleeve,the new&XTREME@ 3.0 jacket is retailored in Me chez shoulder,and sle-eve for even more mobility.The bwer collar Wth a deeper neck openkV Is more ftxil)k--less restricft and better ff'Wng.even With your hood on.And like the originat&XTREME(g)3.0 comes in SHAPES to fityour body better. OUTER SHELLS (II&XTREMEO SC LIT SCOTCHLITETm BRILL CES'BRILUANCEID [a TRIM TrtpteTrim W/SMPE 07 BRI DE 750 lake NOMEXO) 770-00 WMATRNFPA Basic 3" 117.10 122.65 109.45 109.45 12 GEMINP-XT 1 1X-GOLD GOLD 1,091.00 GEMINI""XT W1 MATRIX-BLACK 1,152.00 WC 3' 153.75 160.80 144.00 144.00 12 GEMIN 13 FBI MA.0-GOLD 1,105.00 NFPA Vert 3' 126.70 132.65 118.45 118.45 13 PSI MA)P-BLACK 1,168.00 Project Fires 161,70 169.20 151.35 151.35 17 PIONEER'm 847.00 High Visibility 179.65 187.90 161125 168,25 22 KOMBATm FLEX-GOLD 1,096.00 NFPA Vert 11 118.80 124.30 111.15 111.15 22 KOMBATm FLEX-BLACK 1,158.00 Project Fires If 153-85 160.90 144.10 144.10 24 ARO R'm AP 854.00 High Visibility 11 171.80 176.60 161.00 161.00 27 ADVANCETm 835.00 NFPA HV 144.65 151.35 135.35 135.35 32 MILLENfATM XT 1,131.00 NFPA HV 11 136.75 143,00 128.05 128.05 34 ARMOR' 963.00 35 MILLENIATm XTIL 993.00 37 BLACK PCA AVANCETM 878-00 LETTERS 38 OMNI VANTAGETu 845.00 SCOTCHLITE-2-&3-L/Y RIO 2.45 ea. 38 OMNI VA AG -BLACK 875.00 BRILLIANCE0 2-&3"I./Y 2.45 ea. 47 ULT 'm 972-00 PIONEERM/ BRIGADE1,11 75D/ All Other 13LETTIER PATCHES AwNcia-El L -21caL- THERMALINERS G.XTREMEO Sew-On 17.40 30.30 I Velcro 6Z40 75.30 51 GLI DETu PBP G2 503-00 Hanging 5"x20' 37.10 46.20 53 OUANTUM3D-SL2!(2 LA 505.00 FIONEER-/ 54 CALDURA@ NPI 415.00 BRIGAIDEM 750/ All Other 55 GUDEIN GOLD 447-00 SIDE POCKETS A9YAP_-__7 Jrm 5130111 56 CALDURAO SL31 496.00 SYD STD 57 CALRAM SL2i 449.00 Z`Wxg"Expansion Podieft 58 UA 4i 527.00 w/Fleece Han 26.60 38.70 60 DEFENDER-M SL2(BRASS) 392.00 2x I 07W Half High E)pansion Pockets 68 SYNERGY@ 390.00 IOnly pocket amliable for 26'1 9.20 15.30 78 ARALITEOsu 387.00 Pocket Divider 79 ARALITEQD SL3 446.00 End of Flap SILIZONE@ 3120 31.20 81 DEFENDERTm M SL2 390.00 82 AR @)NP 336.00 0 CLOSURES SC Velcro Irk/Hook&Dee Out N/C N/C 1 MOISTURE BARRIERS (I)G-XTREMES 6C Zipper In/Hook&Dee Out 5.50 5.50 3 7C Hook&Dee In/Velcro Out 28.60 39.20 D GORE@ RT7100 263.00 SC Zipper lrv%kkro Out STD STD E STEDAIROD 3000 237.00 17C Snap IrVHook&Dee Out N/C N/C F CROSSTECHO 3-LAYER 538.00 ZIPPERGRIPPER- 16.10 16.10 G CROSSTECH9)BLACK 381.00 J STEDAIRM GOLD 371.00 GORO PARALLOJN-LINER SYSTEM XM-S GORED FARALLON-LINER SYSTEM 1,205.00 A RP -z- E A.. 3 J -1-4 F- Pan&2 of 9 --Tra-9-8--249-16T743 G-XTREME@) 3.0 JACKET OPTIONS NOWEER- BIZIGADEffm / AllOther All Other MOEXTRA POCKETS/OPTIONS AEYVANCVm Shells Im REINFORCEMENTS ADVANCEm Shells Radio Pocket 48.40 63.60 POCKETS 13P-13P-B Xx . ' 9' 13 -K 2'x 3.5'x 7" DRAGONHIDE0 (Outside)Exp Podel 37.00 37.00 1 -C 2'x 3.5'x ' 13 L 2'x 3.5'x 9' Grey Suede 10uWdel EW Pocket 22.30 22.30 Antenna Notch in 013P Flap 2.50 2.50 Black Suede (Outside) 25.95 25.95 specify loch -SHI (outside)Exp Pocket 27. 5 27.85 6P 4"x 9"x 15"Face Mask Pouch"* 74.60 98.85 [Black G ,Gold) * (Not available an 29'or shorter lengths) KEVLARM TVAII (Pouch! 36.70 36.70 6P Detachable Face Mask Pouch 79.95 110.05 CUFFS 7P 2'x 3'x 7.5'Flashlight Pocket 34.85 43.95 BP 2"x X x 9"Flashlight Pocket 37.40 49.55 Grey Suede DRAGONHIDEM 10.40 10.40 ImOTHER OPTIONS Self Material 4.30 12.65 Self Mic Strap 2.90 3.80 ®lack Su 1.70 i.70 SHIELD (Black y,Gold] 9.25 9.25 Helmet Snap 5.25 3,25 Dee Ring on Suede Pawh 3.85 3,85 ELBOWS W1 PADDING Helmet Snap&Strap w/Velcro 11.20 14.20 DRAGONHIDEV 34.75 34.75 Sunlance Flashlight Holder 17.80 22.35 Self Material 22.40 36.10 Survivor Flashlight Holder 17.90 22AS Grey Suede 17.80 17.80 Universal Clip 10.15 1320 Black Suede 19.40 19.40 Hanging Strap with D 4.60 6.80 ARA-SHIELD0 1131ack Grey,Gold) 28.60 28.60 SHOULDERS WRISTERS DRAGONHIDEV 19.90 19.90 Self Material 12.45 18.50 NOMEXO Hand&Wrist Guards 7.60 7,60 Grey Suede 13.55 13.55 KEVLA Hand&Wrist Guards 7.80 7.80 Black Suede 74.90 14.90 Pl3I@ Hand&Wrist Guards 29.40 29.40 SHIE Back,Grey, Id) 14.50 14.50 Grey NOMEXM Wristers 2.80 2.80 Padded Shoulders 14.30 14.30 Grey NOMEX0 Hand&Wrist Guards 8.55 8.55 Thumb Loops Gadd to wrister price) 15.50 15.50 Self Material 16.75 28.90 Padded 14.00 14-00 IsMISC Liner Alert at Hem 27. 0 34.65 HELMET SN &ST P LCRO SLI VOR STRAP/HOOK Embroidered Flag 16.65 16.65 Individual Box 5.20 5.20 Custorn Printed Patch 31.75 31.75 (Available in Black,Sifvm Gold or Yellow! HANGING 51'r�� % ,/ RING SUNiAW"t fl„ 'SHl..G�-l7HOL ER silver Yellm Gold uo� lr �743 G-JI(TREME(l) 3.0 PANTS OVERSIZE CHARGE-ADD 30%FOR SIZE 60+ In this latest release of our best-selling swe've retaiiored the waist seat and thigh for less bulk while making these pants much easier to get on and off. With all Che features of our original G-XTREME0 including Globe's exclusive AXTION@ Seat and KrLee,these pants fit like a pair of jeans and ietyou make all the right moves.And like the originaL G-XTREMEO 3.0 comes in SHAPES to fityour body better. MOUTERSHELLS 121 a.XTREPAEM SCOTCHLITEm SCOTCHLITE7m BRILLIANCE@ BRILLIANCES in TRIM IrripleTrim W15Trdi 07 BRI D 'M 750(aka NOMEX@j 600.00 12 GE I XT W1 MATRIX-GOLD 859.00 3'Around Cuffs 33.35 35.00 31.05 31.05 12GEMINI- W/MATRIX-BLACK 909.00 3"Down Legs 50.15 52.70 46.65 46.65 13 PBI MAX@-GOLD 864.00 13 PSI WMM-BLACK 916.00 17 PIONS rM 662.00 22 KOMBATrm FLEX-GOLD 864.00 SCOTCH 2"&3"1^RIO 2.45 ca. 22 KOMBATm FL -BLACK 914.00 BRILLIANCE@ 2"&3'I.1Y 2.45 ea. 24 ARMORM AP 667.00 27 ADVANCE'" 652.00 13 32 IL NIATm XT 892.00 ) 34 ARMORTm 753.00 Sew-On 7.15 10.20 35 MILLENIA7m XTL 780.00 Velcro 23.50 25.05 37 BLACK PCA ADVANC T" 687.DO 38 OMNI VANTAGEm 660.00 / 38 OMNI VANTAG -BLACK 684.00 BRIGADEN 7 I Other 47 ULTRA' 763.00 12 SIDE POCKETS ADVANC Shells " te "xi ansi Pocket Divider 9.20 15.30 THERMAL LINERS S Split Flap 11.70 17.80 ® Wallet Pocket(single) 17.60 23.70 51 GLIDE"A PSIQD G2 418.00 (Size constraints with small waists&short inseams) 53 QUA D 'SL2i(2 L 419.00 End or Flap SILI ONEOD 31.20 31.20 54 CALDURAO NPI 337.00 Toot 3 Compartment* 32.20 32.20 55 GLIDETmO 367.00 Tool 6 Compar nt• 32.20 32.20 56 CALDURAO SL3I 412.00 •(Avallable In SHIELDM.suede or KE ) 57 CALDLIRAM SL2I 369.00 58 QUANTUM4Fm 440.00 60 DEFENDER-M 51_2(BRASS) 317.00 0 CLOSURES 68 SYNERGYaD 316.00 l rJ elcr Fly 9.35 78 ARAUTEM SL2 312.00 Velcra Fly 79 ARALrrEODsL3 366.00 81 DEFE E 'm"M SL2 315.00 82 ARALITE@ NP 266.00 MOISTURE1 S ( t D GORE@ RT7100 210.00 STEDAIR@ 3000 187.00 COSST€C 3-LAYER 448.00 G CROSSTECHO BLACK 310.00 J STEDAIR@ GOLD 303.00 LINER XM-0 GORES PA LON-UNER SYSTEM 997.00 �._ ' r _s $r -M �� lim Pace 5 of 9 P dCfi 31'bf 743 G-XTREME(g) 3.0 PANTS OPTIONS PIONEER`/ DE BRiGADETu 750/ All Other BMGADE-7501 All Other an REINFORCEMENTS ADVANOPm Shells 13 BACK BIBS ADVANCEm Shells 3'Back Bib 17.40 23.50 POCKEIS 4.40 33-50 DRAGONHIDEQD (Outside)Exp Packet 37.00 37.00 6'Back Bib 2STD STD Grey Suede (Outside)EV Pocket 22.30 22.30 No Bib Black Suede (Outside)Exp Pocket 25.95 25.95 ARA-SHIELD@ lOutside)Exp Pocket 27.85 27.85 M SUSPENDERS (ALL LENGTHS] tV!E_M-TFim (BLick,Gn,Gold) KEVLARV TIMII (Pouch) 36.70 36.70 RIPCORD SUSPENDERS CUFFS Black Padded Ripcord H-Back STD 17.00 addri Grey Suede STD STD X-Back Suspenders NVC 17.00 adai HI 'D 29.45 29.45PIONEER-17er I 10.25 25-50 MISC BRIGADEW 50/ AlOth Self Material M 6p��ANCEW Shells Black Suede 2.45 2.45 ARA-SHIELD@(Black,Grey,Gold) 10.90 10.90 Rappelling Harness Loops 48.80 52.95 Liner Alert at Cuffs 27.20 34A5 KNEES IREGUIRED) Water Proof Dam at Cuffs 35,90 35.90 DRAGONHIDEW 42.00 42.00 Spanner Pocket w/Suede 40.85 53-00 Self Material 22.65 37.85 Utility Loops 38A0 52.85 Grey Suede 27,70 27.70 Individual Box 5.20 5.2o Black Suede 3235 32.35 ARA-SHIELD0(81ack Grey,Gold) 31.45 31.45 REMOVABLE KNEES 51 ONE Padded Knee 35.70 35.70 781 Padded Knees JARAFILIV&Thermal Liner) 18.15 18.15 DRAGONHIDE OP Knees 78.80 72.1 Extra Layer#76 Knee Padding on Outer Shell 14.20 14.20 Self Knees 48.65 39.( Extra Layer#76 Knee Padding on Liner Knee 10.40 10.40 Suede Knees 39.05 41, *Recommended pkicenxmt is on the Thermal Lkw Black Suede 43.70 62.', ARA-SHIELDS Knees{Black,Grey.Gold) 62.70 is. Padding for Knees 18.15 SILIZONEW 35.70 35,0 ARA.SHF1DQDTOOL6 SPANNER POCKET w/SUEDE WATERPROOF DAM WALLET POCKET COMPAITIMENT' Shown above trim AT CUFFS Jill EsCape beft are not available an this style. pane of 9 P "OW 743 6.H. CONSENTAGENDA 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Special City Commission meeting held on June 12, 2017 and Regular City Commission meeting held on June 20, 2017. EXPLANATION OF REQUEST: The City Commission met on June 12 and 20, 2017 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. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: Non-budgeted N/A ALTERNATIVES: Do not approve the minutes STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Minutes 06-12-17 D Minutes 06-20-17 Page 253 of 743 REVIEWERS: Department Reviewer Action Date City Clerk Stanzione, Tammy Approved 7/11/2017® 4:04 PM Page 254 of 743 SPECIAL CITY COMMISSION MEETING HELD ON MONDAY JUNE 12, 2017, AT 6:00 P.M. IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager Justin Katz. Vice Mayor James Cherof, City Attorney Mack McCray, Commissioner Judith A. Pyle, City Clerk Christina Romelus, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6 p.m. Invocation Mayor Grant gave the invocation Pledge of Allegiance to the Flag Commissioner McCray led the Pledge of Allegiance to the Flag. Roll Call Judith A. Pyle, City Clerk, called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections None 2, Adoption Motion Vice Mayor Katz moved to approve the agenda. Commissioner McCray seconded the motion. Vote The motion unanimously passed.. Page 255 of 743 Special Meeting Minutes City Commission Boynton Beach, Florida June 12, 2017 2. OTHER A. Staff presentation on update of Town Square Mr. Colin Groff, Assistant City Manager, explained the purpose of the presentation was to review and approve a Resolution to amend the Town Square project. The City has gone through the Request for Qualification (RFQ) process. The development team has been selected. Phase I of the contract is ready to be approved, and once approved, the City will move into Phase I of the project. Once the Commission reviews and approves the Interlocal Agreement (ILA) with the CRA for $2,100,000 for Phase I services for the Old High School and Town Square, the City can move forward with the project. Mr. Groff pointed out the Commission needed to approve a Resolution to appropriate $4,365,423 to fund Phase I services of which $2,265,423 comes from the unappropriated fund balance. The Commission also needs to review and approve a Resolution authorizing the execution of the Phase I Services Agreement. Once approved, the City Commission will recess; the CRA Board will convene, approve a Resolution, adjourn and the City Commission will reconvene. Mr. Groff continued that the project is a public private partnership designed to redevelop the 16.5 acres of land to be known as Town Square. As part of this project, the City, along with its private partners will construct a new Police and Fire station off campus. The project includes a New City Hall with all the associated parking, repurposing the Old High School and restoring it to its former grandeur; and using it as the City's new Civic Center. The City will also create open space, a park and play areas with associated parking. There will also be private uses including townhomes, apartments, a hotel and retail space. These areas will add the stimulus for public development. Mr. Groff provided an estimate of cost to develop Town Square: City Hall (50,000 SF) $11,750,000 Parking Garage (340 Spaces) $ 5,900,000 Library Renovations $ 2,200,000 Building Demolitions $ 2,100,000 Site Infrastructure $12,500,000 Police $19,200,000 Fire Station #1 $ 3,900,000 High school $10,100,000 Parking Garage (900+ Spaces) $18,000,000 2 Page 256 of 743 Special Meeting Minutes City Commission Boynton Beach, Florida June 12, 2017 Development Costs $ 2,000,000 (Real Est., Bonds, Lease, etc) Soft Costs (not incl in D-B) $ 2,275,000 (Arch, Eng, Surveying, Fees, Legal, Public outreach) Finishes (Furniture, etc...) $ 2,000,000 Carrying Cost during Const. $ 1,400,000 Construction Contingency $ 1,175,000 Total Public Project Cost $94,500,000 Staff used the developer's numbers to create an estimated cost for all of the components to develop the Town Square. The calculated estimate is $94,500,000. and the Town Square is a large project.. The City is going to leverage assets which are already owned and the project can be completed without any property tax increases. An extensive overview was given of how the City is able to construct the Town Square project without raising property taxes. The estimated $94,500,000 is the starting point. Then, the City can begin to subtract from that amount. The City has seven to eight acres of land that can be sold to a private developer. The estimated land sale is $7 million dollars. In the current five- year CIP, the City has designated $3.775 million to repair the existing buildings, But instead of repairing the buildings it would be better to allocate that money for the new buildings. There is $2 million for water and sewer work which was delayed and budgeted. This project will be done in coordination with the Town Square project. The City is looking at a Centralized District Energy Plant. The Chilled Water Plant would provide energy to the new buildings. It is much more efficient to provide energy through chilled water than non-chilled. The City can use the Centralized District Energy Plant to provide water and save money as well. It allows the City to build infrastructure out of utilities proceeds. The City will sell chilled water for a value that will come back and pay for the infrastructure. The next line is $10 million for a large parking garage, about half of which is private parking for the apartments and the condominiums. The City, working with the developers, would set up a Community Development District (CDD) which would pay for the entire parking garage and the High School. In return, the City would pay its portion of the Old High School and the garage to the bond funds. A Community Development District would be created and the private 3 Page 257 of 743 Special Meeting Minutes City Commission Boynton Beach, Florida June 12, 2017 development would pay assessments into the CDD. This would equal about $10 million of cash into the project. The CRA will set aside funding over the next few years to repair the Old High School. The City plans to clean and remove the material inside of the building and install a roof during the initial Phase I process. The City needs $67 million dollars to begin the project. The project can be paid over a 25-year period; the cost would be at $4.5 million for the City per year. Mr. Groff said $4.5 million a year is easier to process than $94,000,000 and the City has identified four sources of funding to make those payments each year. The first one is the City. The next is the TIF Fund (Tax Increment Financing Fund) which is the difference in taxes for what the 16.5 acres is generating compared, to what it will generate when there is private development. Based on the estimate from the private developer; the City should realize $1.3 million per year. Because this is a priority project for both the CRA and the City, the CRA has project funds to contribute to the project. Initially, the City will rely heavily on the CRA project funds. Mr. Groff explained that with a new project, cash is needed upfront, because revenue is not realized until after some of the projects are completed. The City will not have the revenue in the beginning of the project. The City will be relying on the CRA Project Funds. The last source of funding is the miscellaneous income from the project, such as rental rates, leases, money from the district energy excess revenue. Mr. Groff explained this model was chosen so that construction could be completed without increasing taxes or putting a strain on other projects that the City would like to get done. Mr. Groff listed the project benefits. By selling the land for private development, it will increase the City/CRA tax base. This will also create downtown green spaces which provide multiple venues for activities. Mr. Groff explained that the City will create 1,600 parking spaces. He also said the adaptive reuse of the historic high school is for a public use. The project will become a catalyst for an energetic downtown and a distinct cultural district fulfilling the City's Strategic Plan. He explained that is the benefit and why staff is recommending that the City move forward with Phase I. Moving forward, the City needs to develop building plans that meet the City's vision and needs, develop a master site plan, receive a development order for the site plan' and develop 30% of the building plans which provides details for the contractor to guarantee the price to the City. Once the City gets the guarantee The City must develop the financing structure for the public infrastructure costs. It was noted the City will not issue bonds; the developer would. Once the contract is signed, the City will set dates for public input. At the end of phase one; a package to make a decision whether or not the Commission wants to move the project into construction will be made. The Commission will be given a financial and funding package and the building and the site plans will be approved. Mayor Grant asked about the maximum price for the building, if it would be a normal building and if it would use the maximum density? 4 Page 258 of 743 Special Meeting Minutes City Commission Boynton Beach, Florida June 12, 2017 Mr. Groff responded the maximum guaranteed price will be on the public buildings based on the City's needs including the square footage which will be refined during Phase I. The guaranteed maximum price does not apply to the private development. Development will be in the TOD (Transit Oriented Development) area and there are some density bonuses that will play into the Workforce Housing Ordinance, however, the private side will develop those plans. The key to the project is to complete it as fast as possible including the public infrastructure. i What makes this project work is the private developer. The total cost for Phase 1 is $4,365,423 and of that, $1.5 million is for the Old High School renovations. The City is asking the CRA to set aside $600,000 for the Town Square Phase 1 expenses. The City Commission will review and approve an ILA with the CRA for $2,100,000 to cover the cost for Phase I services for the Old High School and Town Square. The City Commission will review and approve a Resolution to amend the FY16-17 budget to appropriate $4,365,423 to fund Phase I services, of which $2,265,423 is a budget amendment by Resolution from the unappropriated fund balance. The rest of the funding is there as a guarantee of payment if the City chooses not to move forward. The City will be moving forward and those funds will i-rove into the project funds. Mr. Groff announced public input will be in July and August and as an added convenience, the public will be able to make comments online. The presentations and the video will be available on a website set up for the Town Square project. Commissioner Romelus asked if this will be made available on social media. Mr. Groff stated that the City will make available all information regarding the Town Square to the public via social media and all other outlets as well. Mr. Groff reiterated what was needed was for the CRA to approve an agreement to reimburse the City for the Old High School renovation cost in the amount of$2,100,000. Commissioner McCray wanted to clarify what was said regarding when the conceptual plan began and advised the City has been going through this dilemma for years. He asked where the chillers were going to be placed. Mr. Groff stated that the chiller would be built into the site, on either one of the sites or the garage. He stated that this is very conceptual. The team is currently addressing where the chillers could be placed. Commissioner McCray explained his concern with the property on High Ridge Road. The main reason the property was purchased on High Ridge Road was to give the police department a home. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 4. PUBLIC AUDIENCE 5 Page 259 of 743 Special Meeting Minutes City Commission Boynton Beach, Florida June 12, 2017 INDIVIDUAL SPEAKERS W ILL 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) Annette Gray, 3200 S. Congress Avenue, asked if the buildings will be a green and environmental friendly so the City can add a revenue steam of federal funding, for some of these innovation technology and green initiatives. Vice Mayor Katz commented the City is starting the ball rolling, on the funding aspect. The site plans will be ironed out between now and November and those types of amenities will come through either at the direction of the Commission and public input at various events. He stated that tonight the City is not covering specific items regarding the project or site plans, but it is something that should be submitted at public input for consideration. Ms. Gray said that there is an entire funding source that could be identified; as part of the City's income, without specific numbers or specific design. There are federal grants that are out there, that can be conceptual as well as part of this process. Vice Mayor Katz indicated, the board has expressed that they want to move in a greener, cleaner direction. Mayor Grant was looking forward to getting those grants, but right now the City needs to assume that will not happen. The City will move forward with what the City can do. Mike Fitzpatrick, 175 NW 2"d Street, explained his biggest concern is selling the land to the developer. The City has a compact area that is City property. He believes that should remain that way. He asked what is the difference in the cost of the development for a 99-year lease and selling the land. He said that the life span of a building is 50 years. He said that a 99- year lease is two cycles. Otherwise, this Commission is like the City Commission who sold Ocean Ridge away.. Mayor Grant felt staff could look into a 99-year lease, but that would mean that the City would need to issue a bond and increase taxes. Mr. Groff interjected both the green energy grants and looking at leases is part of the detailed financial package that the developers will be submitting to the City. There are multiple options on how to proceed. He would pick the ones that are best for the City. The recommendation will be made, and the Commission will decide among the packages. Commissioner McCray explained the meeting was for public input and to answer questions. The project should be clear to the public. Commissioner Romelus asked if Mr. Groff could speak about the LEED certified building as well as the green initiative building. 6 Page 260 of 743 Special Meeting Minutes City Commission Boynton Beach, Florida June 12, 2017 Mr. Groff noted this was spelled out in the RFQ. The Commission wants the City buildings to be LEED certified and will look at alternative energy and solar shades as was done at Oceanfront Park. The district energy utility is much cheaper and the carbon footprint is much smaller. There may be grants that were not considered and are available for parts of the entire project developers can bring to the City. Recess City Commission Meeting Motion Commissioner McCray moved to approve to recess. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. The meeting was recessed at 6:33 p.m. Call Boynton Beach CRA Meeting to Order Chair Grant called the meeting to order at 6:33 p.m. Roll Call Deputy City Clerk Nieves called the roll. A quorum was present. Consideration of CRA funding for the services provided under Town Square Project Phase I Services Agreement Mike Simon, Interim Executive Director, explained the items before the Board were to discuss the request by the City for a funding allocation of $2.4 million to be processed through an ILA to contribute to the Town Square redevelopment project. Staff identified in the current fiscal year budget $2.1 million from the following line items: the Town Square project, $185,450; the Old High School,$450,000;$1.7 million made up of the dog park, unused fund balance; the sale of 211 East Ocean building; and the remainder of the Marina Phase I project. The Board took $212,000 from the $1 .7 million and allocated some to economic development grants which left a balance of $1.5 in this current fiscal year. The CRA Board was suggesting this be used for the Town Square project in conjunction with the $185,450 and the $450,000. Mr. Simon explained the fiscal impact of the $2,100,000 for FY 2016-2017 and unassigned fund balance for the 2017/2018 which begins October 1. The CRA has projected out the TIF revenue, the expenses for the general fund expense, the Marina and the current TIF agreement. Mr. Simon said these calculations were scheduled out to the year 2030. The current bond debt payment drops off in 2026 and the CRA will begin to see a decrease in debt. Page 261 of 743 Special Meeting Minutes City Commission Boynton Beach, Florida June 12, 2017 This means an increase in revenue, because the TIF is being freed up. The CRA has a request from the City for $2.5 million dollars for this upcoming fiscal year. Then $3.7 million for the next three years, then $2.25 million for the next five years, then $1.5 million for the remainder of the 25 years. The developers have projected a TIF throw off, for the private sector development projects with the Town Square site areas. This is additional revenue of $1.3 million per year that is not allowing for any increases or decreases in property tax value which is money that would go back into paying the debt for the overall project. Mr. McCray explained that earlier there was a discussion regarding Sara Sims Park, and the $600,000 that had been allocated in the budget. He did not see the allocated amount for the Sara Sims Park. Mr. Simon explained that this is just a tab in the workbook and the budget to be voted on. What was on the screen were the various amounts of projects in the tabs. Mr. McCray wanted it on record he wanted to ensure the funds were budgeted for the park. Mr. Casello needed clarification on funds for the Community Caring Center incubator program funds. Mr. Simon responded he had made a note for both projects. Mr. Casello questioned why Mr. McCray had a place holder and he did not. Mr. Simon responded that the $70,000 line item is a much smaller amount; we can find that amount easier than the $600,000. It is of no preference to individual Board members. Chair Grant pointed out the Board was discussing 2016/17 not 2017/2018. Mr. Simon agreed. Ms. Romelus remarked, with all due respect to the Chair, she understood, if the Board will be looking at 2017/2018 and the Board is taking out $2.5 million dollars for 2016/2017, it may impact some of the projects that were being contemplated. She believes it was time to have that discussion and asked about the allocation for this coming fiscal year for the neighborhood police patrol. Mr, Simon responded $275,000 has been requested for this coming fiscal year Ms. Romelus speculated the amount did not include adding new officers. Mr. Simon concurred the budget that was submitted did not include adding additional police officers. Ms. Romelus questioned if the CRA were to take $2.5 million dollars for the Town Square project, if there would be $2.8 million dollars which could fund the Neighborhood Police Officer Program and Sara Sims Park. Mr. Simon explained the Board could discuss it tonight or over the next couple of years. It is a very relevant discussion because the CRA is committing to a 25-year plan. The fiscal year 2018/2019, 2019/2020 and 2020/2021 are significant portions of the CRA project funds. Mr. s Page 262 of 743 Special Meeting Minutes City Commission Boynton Beach, Florida June 12, 2017 Simon wanted the CRA Board to consider that a project of this magnitude, the $3.7 million is not just to pay for Town Square, but it is a significant project that demands some upfront funding that is not available to the City. Ms. Romelus requested confirmation the CRA Board is approving $2.5 million and $3.7 million and every subsequent year. Mr. Simon stressed the CRA Board was only approving $2.1 million to be used for the Phase 1 services and the 30% drawings which are in the Phase I budget. The CRA will be committed as a funding source. Ms. Romelus asked if the decision was only approving the $2.1 million and at a later date, the CRA will have a conversation about the $3.7 million dollars. Mr. Simon replied the City is asking for $2.1 million that will take the City into five or six months' work. The CRA Board will be asked to dedicate $2.5 million dollars toward the Town Square project in next year's budget Mr. Casello asked if the next three years would increase to $3.7 million a year. Mr. Simon explained it would leave the CRA balance of $1.3 million to $1.5 million remaining, based on a modest 3% increase in the TIFF over the next 20 years. Mr. McCray said the CRA is to reimburse the City $2.1 million dollars as well as review and approve the ILA, under the items for consideration. He clarified this is what the $2.1 million dollars was being allocated towards and he thanked Mr. Casello and Ms. Romelus for their input. Vice Chair Katz agreed with the Chair and noted everyone had said their piece. He elected to reserve his statement until the CRA Budget meeting and thought there may be sticker shock looking at the allocations, either from the CRA or the City. Vice Chair Katz commented he was not prepared to raise our millage rate. Motion Mr. Casello moved to approve, Vice Chair Katz seconded motion. Vote The motion unanimously passed. B. CRA BOARD ITEM: Consideration of Interlocal Agreement with the City of Boynton Beach to provide funding for services under the Town Square Project Phase I Services Agreement for an amount not to exceed $2,100,000. (See Attached CRA Agenda Item) Motion Vice Chair Katz moved to approve. Mr. McCray seconded the motion. 9 Page 263 of 743 Special Meeting Minutes City Commission Boynton Beach, Florida June 12, 2017 Vote The motion unanimously passed. Adjourn Boynton Beach CRA Meeting 6:52 p.m. Motion Ms. Romeius moved to adjourn. Mr. McCray seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 6:52 p.m. Reconvene the City Commission Meeting Mayor Grant reconvened the meeting at 6:52 p.m. E. PROPOSED RESOLUTION NO. R17-057 - Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the CRA funding of the Town Square Redevelopment Project for an amount not to exceed $2,100,000. Motion Commissioner Casello moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. F. PROPOSED RESOLUTION NO. R17-058 - Amend the adopted FY 2016-2017 General Fund Budget from $79,401,314 to $83,766,737, an increase of $4,365,423. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. G. PROPOSED RESOLUTION NO. R17-059 - Authorize the Mayor to sign the Town Square Redevelopment Phase I Services Agreement with E21- Real Estate Solutions, LLC of Winter Park,FL. 10 Page 264 of 743 Special Meeting Minutes City Commission Boynton Beach, Florida June 12, 2017 Motion Approved subject to City Attorney Approval Vote The motion unanimously passed. 15. ADJOURNMENT Motion Vice Mayor Katz moved to adjourn. Commissioner Casello seconded motion♦ Vote The motion unanimously passed. The meeting was adjourned at 6:54 p.m. 11 Page 265 of 743 Special Meeting Minutes City Commission Boynton Beach, Florida June 12, 2017 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Justin Katz Commissioner - Mack McCray Commissioner - Christina Romelus Commissioner - Joe Casello ATTEST Judiffi A. Pyle, CMC 11 61, City Clerk Queenester Nieves Deputy City Clerk 12 Page 266 of 743 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY JUNE 20, 2017, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager Justin Katz. Vice Mayor James Cherof, City Attorney Mack McCray, Commissioner Judith A. Pyle, City Clerk Christina Romelus, Commissioner ABSENT: Joe Casello, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m.. Invocation Sister Loraine Ryan of the Women's Circle offered the invocation. Pledge of Allegiance to the Flag. Vice Mayor Katz led the Pledge of Allegiance to the Flag. ROLL CALL Judith A. Pyle, City Clerk, called the roll. A quorum was present. Agenda Approval 1. Additions, Deletions, Corrections Vice Mayor Katz added 3 items to future agenda items. He wanted to discuss FLSC LLC (Florida Textile Recycling Programs). He also wanted to discuss two parcels of lands that the City owns; one parcel located east of Leisureville, second parcel located behind Chapel Hill, a strip of land known as Girl Scout Park. Mayor Grant added an item to the future agenda items, Traveling Sauna. He offered to work with the CRA to get this service to the City of Boynton Beach. 2 Page 267 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Commissioner Romelus was happy to see the elected State representatives in attendance. She attended a Citizenship party that was hosted by the Women's Circle of Boynton Beach, attended the Treasure Coast Regional Planning Council; regarding some changes to the US 1 Corridor, attended Tech Trek camp hosted by AAUW (American Association of University of Woman) for young women and STEM (Science Technology Engineering Math). She attended a ribbon cutting ceremony at Yoga Fit located at One Boynton. She wished everyone a Happy Father's Day. Mayor Grant attended the reception for Cocoanut Dreams at the Boynton Beach Library which showcased early 1900 pictures of Boynton Beach and the Ocean Ridge area. June 8th he attended Boynton Beach Chamber of Commerce Governance breakfast. June 9th he attended Tivoli Lakes for the Fairchild Garden Million Orchid Project. He was working to bring some orchids to Boynton Beach. June 12th Mayor Grant attended the MPO (Metropolitan Planning Organization) governance meeting. Currently the MPO was looking to go independent versus being part of the County. He attended the Delka of South Florida, to break the fast for Ramadan. He met with the Treasure Coast Regional Planning Council regarding the US 1 study, addressed Realtor association at Lennar Homes, attended a lunch and learn about RM Logitech. June 15th he attended the Florida League of City Institute of Civic Leadership. June 16th he attended legislative policy committee for land use and economic development. The Mayor stated that the municipalities are under attack from certain State Legislators in Tallahassee. He attended the CRA's School of Rock musical performance. June 17th he attended the Palm Beach County Housing authority meeting; while there, he informed them that the City of Boynton Beach was interested in development on property that Palm Beach County Housing authority owns. He also provided an update on Ocean Breese East. Lastly, he wished everyone a Happy Father's Day. Commissioner McCray on June 13th he met with Palm Beach MPO regarding the US 1 Corridor Study. He met with Dr. Debra Robinson of Palm Beach County School Board.. 2 Page 268 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Commissioner McCray announced there was a new Principal at Boynton Beach Community High School. Vice Mayor Katz reported he attended the Treasure Coast Regional Planning Council meeting. 3. ANNOUNCEMENTS, COMMUNITY and SPECIAL EVENTS and PRESENTATIONS A. Announce treat the July 5, 2017 Commission Meeting has been cancelled. B. Announce Budget workshops for the FY 17/18 budget are scheduled in the Library Program Room on the following dates and times: Monday, July 17, 2017 @ 5:00 P.M. Tuesday, July 18, 2017 @ 10:00 A.M. Wednesday, July 19, 2017 @ 2:00 P.M. Mayor Grant asked Ms. LaVerriere, City Manager for an update on what to expect on the first workshop day. Ms. LaVerriere, explained that typically each of the department heads present all of their General Fund budgets, then the Utility Fund, other funds and will discuss capital improvements. This will be done over the three days. A tentative millage rate will be discussed. She said the City will begin discussing the fire assessment and adopt a preliminary rate resolution. Mayor Grant asked if the City Manager's office could prepare the agenda. Ms. LaVerriere explained that the City Manager's office will prepare the budget agenda. She explained that the smaller departments will be presented first. She stated that Police, Fire, Parks and Recreation usually go the first day. Commissioner McCray asked the City Manager when the Commission could expect to have the proposed Budget Ms. LaVerriere replied that the proposed budget books will be transmitted to the Commission by the week of July 4tn. B. Senator Clemons and Representative Lori Berman will provide an update on the recent legislative sessions. State Representative, Lori Berman, District 90, explained that she was going to focus on a few of the bills that were preempted by the State. This year was truly one of the greatest numbers of Bills that preempted local government authority. With regards to 3 Page 269 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Charter Schools, if a Charter School opened in certain specific facilities such as churches, theaters or community centers, the local government was prohibited from filing any zoning or site plan approvals. Representative Berman reported there was a Construction Bill related to the design and construction or location of signs regarding the retail price of gasoline. As part of that bill there were some items regarding franchise signs. She advised the State will preempt any regulation regarding drones. Local governments will have authority to enact and enforce local ordinances relating to nuisances, voyeurism, reckless endangerment, property damage and other illegal acts from the drones. Representative Berman indicated Uber and Lyft were both preempted by the State. The State has set up framework and has certain requirements regarding fingerprints and safety. The entire transportation networks are regulated by the State. Utilities are moving towards 5G upgrade. A Bill was passed if utilities wanted to co- locate the wireless communication infrastructure on an existing pole; the City is limited to collect a $150 in fees. Public Works projects preemption, if the local government takes 50% or more from State of Florida the local governments are restricted on any conditions that can be placed on contractors and subcontractors. She gave some examples. Representative Berman noted the Senate overruled some of the vetoed items that helped the cause. This session passed the sale of medical marijuana. She explained that it would be up to the local government whether or not the City wanted to have dispensaries within the Cities boundary. She stated the only requirement for medical marijuana was that the City cannot treat the dispensary any differently from any business that sells alcohol. The budget was $82.5 billion. The Legislatures were able to get some funding for new facilities for the Universities and some water projects. Representative Berman said there was a project for recidivism in the Glades regarding people released from prison, the program received $500,000. Senator Clemons stressed that he did not vote for most of the items. What he spent most of the legislative session working on was to bring some dollars home. He explained that Palm Beach County was able to get $1 million for Lake Worth Lagoon cleanup. The entire state will benefit from the cleanup. Senator Clemons said that some landmark legislation passed in the last session. He has been working on the Sober Home legislation for the past 4 years. Dealing with recovery residences has changed. The State of Florida will pursue unethical marketing practices, and make sure 4 Page 270 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 that residents are being treated with respect. Senator Clemons said that the State was able to refund the sober home/recovery home task force, which has been a success. Being able to use the statewide prosecutor would help to ensure that unethical sober homes are punished. Physicians must now report electronic opioid prescription within 24 hours. Senator Clemons said that he was really disappointed in the public school funding. Palm Beach County was in the bottom 10% in the nation per student funding and Palm Beach County was last in mental health funding. Mayor Grant asked since the Attorney General has control of the sober homes, will she make a ruling to determine if the sober homes are considered a rooming house for tourist developmental tax purposes. Senator Clemons said that this has not been a part of the Attorney General's lexicon. If you believe that this was something that can be used in order to help keep a lid on some of the bad operators, he said that he would glad to reach out to the Attorney General. Senator Clemons asked if the Mayor could put that in writing. Mayor Grant responded that the Commission will prepare a letter as well as provide the ordinance. Senator Clemons responded that Attorney General Pam Bondi held a press conference in Tallahassee. The Attorney General cited the City of Boynton Beach ordinance and stated that this was the priority for her department. Commissioner McCray asked the correct terminology for sober homes or group homes. Senator Clemons stated the official term in State statute was Recovery Residence. Commissioner Romelus inquired if there has been any word from the legislature to help with short term housing in terms of home away, and getting taxes back to the City. She explained this would offset some of the bed taxes. Senator Clemons stated that he has been in conversation with the people who represent Airbnb. Airbnb does not have a problem with the taxation; as long as it does not ban them from doing business in certain communities. He said that they are competing with traditional hotels. They should be competing on a level playing field. Senator Clemons said that Airbnb and others like them are worried that communities are going to ban them. He said that Miami Beach for example has placed a fee for operating this type of business. The fines are prohibitive; between $10,000 and $20,000. Representative Berman said there was discussion in the House regarding regulations; they wanted to go back to 2014, which was before they put regulations in place on 5 Page 271 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Airbnb. Doing this would have allowed the City to place more restrictions on what can be done at the houses. Commissioner McCray requested additional information regarding the $500,000 dollars for people coming out of prisons. He asked what would be the effect on one individual. Representative Berman explained the individual would go to the Pahokee facility, live there full time and the individual will be re- integrated into society. Commissioner Romelus asked if the purpose was to restore the rights of the parolee. Representative Berman said that both she and the Senator would like to see the restoration of rights. The present sitting Governor was not for restoration of rights. She said there was a petition that was pending that could be on the ballot for 2018 to get the prisoners' rights restored. Commissioner McCray asked about the Restoration of Rights Bill; was the legislative body pushing for the restoration of rights Bill. Senator Clemons explained that he was the sponsor of the restoration of rights Bill in the Senate. The good news was the ability to put it on the ballot in 2018. He explained that the legislation has made it extremely difficult to place a citizen led initiative on the ballot. The Citizens are required to collect 600,000 signatures over the next 6 months. He said in order to get the signatures it usually entails hiring people. Senator Clemons stated that he sits on two committees in the Senate. There has been a bipartisan effort in the Senate to do serious criminal justice reform. He said the State of Florida needs to stop sending people to prison who are not violent. The State of Florida sends non violent criminals to prison for 20 years. These people must be housed, fed and treated for medical issues. Commissioner McCray inquired about the cost to house a prisoner for 20 years. Senator Clemons explained that the cost to house prisoners continues to rise. It depends on where the prisoner was housed, what type of facility. He said it was between $19,000 to $30,000 per year, per prisoner. There are better options, other than prisons. They are ways that the prisoners can be integrated back into our society. The good news was the State was trying to do some downward departure. The State has judges for a reason; give them the authority to use their judgment in setting prison terms. He said that the State has some mandatory minimum sentencing requirements. Senator Clemons said that putting people in jail does not stop crimes in the future. 6 Page 272 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 C. Legislative session update from Mat Forrest, the City's Lobbyist. Mat Forrest, Lobbyist, referred to the memo he sent back in May 2017. It was a very tough year. Mr. Forrest said that he pushed for $950,000 in appropriation for the mangrove park water quality and access improvement. The City was not successful. Mr. Forrest said that the City of Boynton Beach was due for next year. He will be working with staff to put together not only an aggressive water project, but a parks project as well. Mr. Forrest stated sober home was a huge Bill. He said people were approaching him in opposition to the Bill. He liked the idea of a rooming house ordinance and collecting a tourist development tax. Mr. Forrest said that he highly recommended reviewing, HB687 the Micro Wireless infrastructure preemption. This Bill enforces rules regarding the placing and maintaining communication services lines/wireless facilities; prohibits authority regulation of facility co-location; authorizes authority to require registration process and permit fees. It also requires authority to process applications. It prohibits authority from requiring approval/fees for maintenance/placement of facilities; provides requirements for co- location on authority utility poles; requires authority to waive certain application and placement requirements; prohibits authority from adopting/enforcing certain regulations and imposing certain fees, authorizes wireless infrastructure provider to apply to place utility poles; authorizes authority to enforce certain local codes/rules/regulations under certain circumstances. This Bill allows for new discretion to the co-location of small utility facilities. The size of the structure was limited. The pole must be 15 feet or higher. He strongly recommends that the City Attorney and the Planning Department review the bill. This could potentially open the flood gates for small fly-by-night companies. The staff needs to be educated on what was allowed. The Bill will be very specific. The whole idea behind the 5G system was that the utilities are going beyond the standard cell phone tower. The utilities need the co-location on poles closer together. Mr. Forrest said he believes that there would be a lot more applications coming in. Mr. Forrest mentioned in regards to vacation rentals; the Bill has two sides. The local authority wants to have the ability to regulate the vacation rentals. The vacation rentals company does not want to be regulated by local governmental offices. The Tax Collector wants the ability to audit the records of the vacation rentals. The Vacation Rental does not have a problem with the remittals but they have a problem with the Audit. Mr. Forrest said that he believes this will eventually be worked out. There was no shortage of bad bills. Mr. Forrest said that HB 17 would prohibit certain local governments from imposing or adopting certain regulations on businesses, professions and occupations after a certain date. This bill Died in the Commerce Committee. Page 273 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Mr. Forrest continued on, regarding the increase homestead property tax exemption other than school exemptions. He understands what it would mean to the local governments. The measure must pass by 60% because it would be an amendment to the constitution. Continuing on, there was some good news regarding the Public Records law as it relates to local governments paying fees for frivolous Public Records law suits. Records being requested for an improper purpose was one in which a person requests records primarily to cause a violation of the public records law or for a frivolous purpose. If the court finds that a plaintiff requested records for an improper purpose, the court will require the plaintiff to pay the agency's attorney fees and costs. The regular session ended on May 6th, the Special session ended on June 9th, Mr. Forrest indicated medical marijuana was now a protected product. It was now in the Florida Constitution. Senate Bill 8A allows local governments to regulate the location of dispensing facilities and provides that local government may ban dispensaries within its borders. However, if a local government permits dispensing facilities, it may not impose limits on the number of dispensing facilities. Mr. Forrest stated that the dispensing facility cannot be more restrictive than that of a pharmacy. He said many cities have passed preemptive ordinances in the wake of the medical marijuana passage. Those ordinances need to be updated for compliance purposes. Mr. Forrest announced that the 2018 session was fast approaching. Commissioner McCray said he wanted to personally thank Mr. Forrest for all he has done. D. Erica Whitfield, PBC School Board Member District 4 to address the City Commission. Ms. Erica Whitfield, Palm Beach County School Board Member, introduced Dr. Glenda Sheffield, Secondary Instructional Superintendent and, Maria Bishop, Elementary instructional Superintendent. They were present to answer any questions. Ms. Whitfield explained that there have been many changes within the Palm Beach County School system. Ms. Whitfield stated one of the biggest changes was with the metrics and data. She gave the vision the School District of Palm Beach County. The School District of Palm Beach County envisions a dynamic, collaborative multi-cultural community where education and life-long learning are valued and supported and all learners reach their highest potential to succeed in the global economy. The School District of Palm Beach County was committed to providing a world-class education with excellence and equity to empower each student to reach his or her highest potential 8 Page 274 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 with the most effective staff to foster the knowledge, skills, and ethics required for responsible citizenship and productive careers. She stated the long term outcome in the school districts was for high school readiness; increase the high school graduation rates. The District wants to make sure that the students are prepared for colleges. Ms. Whitfield indicated that there were several schools in Boynton Beach. The scores in Boynton Beach are based on a metric. The math scores increase 1% for white students, but went down for black and Hispanic students. Attendance was a major issue for the school system. There was a direct collation between absences and graduation rates. She said the question for the schools, what was being done to address attendance. She said staff will contact the parents and or the guardians and provide steps for success for students and parents. Teachers must understand success looks different for every family. Inform parents how absenteeism was related to student future success. Ms. Whitfield said that if students do not pass the SAT they are able to take the ACT test. The state was looking at increasing the passing score. This was a very big deal. Commissioner McCray worried about transportation of the children to and from school. He said there should be centralized locations for school stops. Ms. Whitfield asked If there was a tie up in traffic, please let her know and she can address the area. The schools try to have stops as close to the students homes as possible. Commissioner McCray pointed out there are several areas of concern. One in particular was near the Hester Center. Ms. Whitfield stated that people can view Edline to receive information about their student's grades and homework assignments. Mayor Grant said that the Broward school district has a representative on the MPO; he asked if Palm Beach County was on the Board. Mayor Grant open the issue for public comment Jerry Taylor, 1086 SW 26 Avenue, said that the school district's goal to graduate 90% concerned him. The goal should be 100%. Ms. Whitfield said that she agreed with him. 9 Page 275 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Commissioner Romelus said she wanted to say thank you to the School Board with the TPS (Temporary Protected Status) situation. There would not be any type of situation allowed for that family to have peace of mind. Ms. Whitfield said if citizens were interested in the actual letter grade that was associated with each school, that grade should come out in mid-July. Vice Mayor Katz said the issue of attendance was extremely important. He said especially as a teacher, when a student is chronically absent; the learning cannot be made up. Commissioner McCray asked for a copy of the report. F. Announce the "Fishing for Fireworks?" event that will be held at Intracoastal Park, 2240 N. Federal Hwy., on SATURDAY, JULY 1ST. Activities will begin at 6 pm, and the fireworks are scheduled to start at 9 pm. Mayor Grant announced the "Fishing for Fireworks?" event that will be held at Intracoastal Park, 2240 N. Federal Hwy., on Saturday, July 1St. Activities will begin at 6 pm, and the fireworks are scheduled to start at 9 pm. Amy Blackman, Recreation and Parks Superintendent noted the Parks and Recreation Department was pretty excited about the Fishing for Fireworks event. She hopes that everyone would be in attendance. She said there would be great food, music and a lot of great fireworks. Commissioner McCray said that he was disappointed that this celebration was being held on July 1, 2017. He will not be able to attend. Mayor Grant suggested a name change to the Independence Day festival. G. Proclaim June 27, 2017 as National HIV Testing Day. Wisny Marcellus, HIV Outreach and Testing Coordinator, of Genesis Community Health will be present to accept the proclamation. Mayor Grant read and presented the Proclamation to Mr. Wisny Marcellus. Mr. Wisny Marcellus said that he wanted to thank the Commission. South Florida has been hit hard with the HIV epidemic. The response was to provide awareness of the HIV crisis. Genesis Community Health promote and provide healthcare to people of all economic levels with special sensitivity to the needs of economically disadvantaged people of diverse cultural backgrounds in and around Palm Beach County 10 Page 276 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Commissioner McCray said that in Broward County there was a mobile van, and inquired if Palm Beach County has a mobile van to go to the communities. Mr. Wisny explained there was not a mobile van, but the Genesis Community Health Center does free screening at the Walgreens on Boynton Beach Boulevard, H. Proclaim July as Parks and Recreation Month. Mayor Grant read and presented the Proclamation to the Parks and Recreation Department. Ms. Blackman thanked the Commission for recognizing the Parks and Recreation Department. She asked if staff or residents have pictures of people utilizing the parks or other buildings to please submit them. Ms. Blackman noted that 74% of our children do not get enough daily exercise to prevent childhood obesity. The Parks and Recreation Department, not only help keep children healthy, but fit as well. Most Americans agree that parks are a good value. Property values near a park are higher. Children that live around a park are 5 times more likely to have a healthier weight. Ms. Blackman gave the hashtag information #playonjuly I. Proclaim June 19-25, 2017 as Amateur Radio Week, Barry Porter will be present to accept the proclamation. Mayor Grant read and presented the Proclamation to Barry Porter for Amateur Radio Week. Mr. Porter advised this was the 25th anniversary of Hurricane Andrew. Every year the HAMs go out to the field to set up communication posts, to make sure there is communication with the outside world. This weekend there are three sites HAM radio use; promoting Okeeheelee Park, South Florida Science Museum and West Delray Park. This event will operate from noon to noon. There are 3000 licensed HAM operators. The operators are here to help as much as possible. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS W ILL 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) Susan Oyer, 140 SE 27th Way, said she was looking forward to Town Square. Ms. Oyer indicated that the City needs more jobs and office space. The City of Boynton Beach does not need senior assisted living; the city does not need more apartment or condos. There was a new building on 500 Ocean Avenue. When you think of the ocean, most people think blue and green. She was wandering why the building was allowed to be 11 Page 277 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 painted terra cotta. Ms. Oyer said that Vice Mayor Katz spoke about an architectural review board. What needs to be done to get lights on at the pavilion at Betty Thomas Park? Ms. Oyer said she was at the Park about 10 pm and there was all type of drug deals going on because there are no light at the pavilion. Having lights would a deterrent. Commissioner Romelus asked what could be done. Wally Mayor, Parks and Recreation Director, said first he would need to get with the Public Works Department to determine if electric was available in the pavilion. He would need to get some feedback from the neighbors. The Recreation and Parks Advisory Board could discuss and bring back a recommendation. Commissioner McCray recalled years ago it was mandatory to have to Commission input on colors for various projects. He stated that color swatches would be sent for selection. Maybe this process fell through the cracks. Ms. Oyer further asked how many cars are allowed to park in a driveway. Her issue was the tenants/owners are parking on the street. There are multiple cars parking ori the street. Commissioner McCray said this needs to go to Community Standards. Ms. Oyer replied it this had been reported to Community Standards. She informed the Commission that the tenants use the bathroom at another house. She just wanted to say that the rest of the neighborhood was really great. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (NN Stu) openings exist: Arts Commission: 1 Alt Building Board of Adjustments and Appeals: 3 Regs and 2 Alts Library Bd: 2 Regs and 1 Alt Recreation and Parks Bd: 1 Alts Planning and Development Bd. - 1 Alt Senior Advisory Bd: 2 Alts Mayor Grant asked Commissioner Romelus if she wanted to wait until after the Planning and Development Board. He said one of the applicants was applying for Planning and Development Board. Commissioner Romelus agreed. 12 Page 278 of 743 Meeting Minutes City Commission Boynton Beach, Fi June 20, 2017 Commissioner McCray said before he makes an appointment. He requested clarification regarding residents that are serving on multiple boards, how this affect an appointee. Judith A. Pyle, City Clerk said she did look into this situation. This was reviewed in 2010. At that time, a motion was made to allow for a resident to serve on two boards. Ms. Pyle advised the appointee can serve on two boards; one as a regular board member and one as an alternate. Commissioner Romelus wanted to know how this would affect Ms. Susan Oyer. She was already serving on two boards as regular members already. Ms. Pyle said that she would need to become an alternate on one of the boards; if there was availability. Commissioner McCray asked Ms. Oyer if she was selected; would she be willing to drop one of the other boards. Ms. Oyer, had spoken with the Clerk regarding this matter. She would do whatever was needed. Commissioner McCray said that he would nominate Susan Oyer as an alternate on the Planning and Development Board. Ms. LaVerriere, said that this was something that changes with the Commission. This can be changed at any time by amending the ordinance. Motion Commissioner McCray nominated Susan Oyer to the Planning and Development Board as an Alternate member. Motion seconded by Commissioner Romelus. Vote Unanimously passed. Motion Commissioner Romelus nominated Chris Simon as a regular Library Board member. Seconded by Commissioner McCray. Vote Unanimously passed. 13 Page 279 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R17-060 - Approve and authorize the Mayor to sign the twelfth amendment to the Site Lease and Joint Use Agreement between the City, Pair Beach County, and New Cingular Wireless PCS, LLC (fka ATandT Wireless) to allow antenna modifications by Cingular and to update the tower schematics exhibit of the lease for the telecommunications tower at the Rolling Green Municipal Complex (515 NW 14th Court). B. PROPOSED RESOLUTION NO. R17-061 - Authorize the City Manager to sign the grant application with the Division of Historical Resources - Special category Grant for a $750,000 grant for the Historic Boynton Beach High School Rehabilitation and Adaptive Reuse project. ($500,000 State funds and $250,000 City/CRA funds) C. Accept second quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY16/17. D. Legal Expenses - May 2017 - Information at the request of the City Commission. No action required. E. Accept the written report to the Commission for purchases over $10,000 for the month of May 2017. F. Approve the minutes from the Regular City Commission meeting held on June 6, 2017, Motion Vice Mayor Katz moved to approve the Consent Agenda. Commissioner Romelus seconded the motion. Vote Unanimously passed. 14 Page 280 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 7. BIDS AND PURCHASES OVER $100,000 A. Approve the purchase of vehicles as approved in the FY2016/2017 budget in the estimated amount of $691,397.55 by utilizing the following contracts: Florida Sheriff's Association Contract #FSA16-VEF12.0, Florida Sheriff's Association Contract #FSA16-VEH24.0, Florida Sheriff's Association Contract #FSA16-VEL14.0, GSA Federal Supply Group 84 Contract #GS-attached quotes. Mayor Grant asked if the City was getting another electric vehicle. Ms. LaVerriere, advised that not on the present list. She explained that $524,000 of the $691,000 was for a fire truck, a couple of utility vehicles, a wave runner for ocean rescue, a truck for the Facilities Department and two trash pumps for the trucks. Commissioner McCray wanted to know what was going on with the trucks. He has received numerous complaints about the trucks not getting to the pick-up stops or getting there later than usual. Jeff Livergood Director of Public Works, explained that the Public Works department has had problems in the past week with three out of the four automated trucks being down. He said for the past two months the Department was running on schedule. Mr. Livergood said if the Commission looks at the bids over $10,000 dollars, the City rented equipment. He said this helped the City catch up on the backlog. They are anticipating four new vehicles that were purchased this year and the Public Works Department hired four new employees which helped tremendously. Commissioner McCray requested when something like this happens please contact him to let him know. He would pass this information to the residents. Motion Commissioner McCray moved to approve. Motion seconded by Commissioner Romelus Vote Unanimously passed 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None Commissioner McCray asked if we could change the title from Code Compliance to Community Standards. Ms. LaVerriere, said that the City Clerk, Judith Pyle would be making those changes. 15 Page 281 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 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. A. PROPOSED ORDINANCE NO. 17-014 - FIRST READING - PUBLIC HEARING - Approve amendments to the CODE OF ORDINANCES, Chapter 13. Licensing, and the LAND DEVELOPMENT REGULATIONS, Chapter 1. Article II. Definitions, Chapter 3. Article IV. Use Regulations, and Chapter 4. Article V. Minimum Off-Street Parking Requirements that provide necessary updates and new standards and justifications for the accommodation and regulation of group homes, and parking requirements for single- and two- family dwelling units. Attorney Cherof read Proposed Ordinance No. 17-014, by title only on first reading. Commissioner McCray asked if this ordinance would affect the house that Ms. Oyer commented on earlier in the meeting. Mayor Grant affirmed that it may. Mike Rumpf, Planning and Zoning Director, would discuss and explain a very complex and a very important topic. There are some very popular buzz words in the media such as sober homes. The City has a problem with criminal activity, drug overdoses, health issues, complaints, neighborhood impacts, corruption and over concentration. A moratorium was in affect as of January 17, 2017 until June 4, 2017. Staff conducted a study to evaluate the sober homes. Mr. Rumpf said that the records do not identify what type of group homes or who their clients are. Mr. Rumpf explained the objectives, challenges of the proposed ordinance. The objective was to evaluate existing regulation processes, being aware of federal and social responsibility to preserve a neighborhood's character. Staff presented what was important in terms of regulations and benefits for all concerned. He reviewed the dynamics of the traditional families as well as the group home clients and residents. A 2015 AP (Associated Press) study presented facts about the aging population. The study addressed those homes accommodating those in sobriety programs as well as the elderly. He said the City does accommodate traditional nursing homes, but fewer each year. It means more will be seeking group homes. The standards must be neutral. Mr. Rumpf emphasized the City needs to base information on factual evidence. The Courts are sensitive to fears and prejudices. The City needs to provide reasonable accommodation. 16 Page 282 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Mr Rumpf explained that Delray Beach hired an expert to have a study done. Commissioner McCray asked if Mr. Rumpf had seen the report that was done for the City of Delray Beach. Mr. Rumpf had seen the study and he explained that the City needed to eliminate potential discrimination, for consistency with other related use categories, to accurately describe the types or range of uses to be accommodated, as well as to promote the concept of continuum of care. The City will require all group homes to be certified. The State of Florida began using FARR (Florida Association of Recovery Residences) as a reviewing entity in their voluntary system for group homes. Teaming up with FARR the group home would need to deal with the State conditions if they want referrals from State entities. It must be a certified group home by FARR. Doing this will relieve the burden from the City staff. FARR has a maximum of 2 person /bedroom up to 10. These homes are overseen, certified and operated according to quality standards. This also standardizes the City regulations. Type 2 group homes are limited to 15 in R-2, they must be on higher classification roadway. Type 3 will be allowed in the R-3; conditional use would be required; and on higher intensity a higher classification of roadway. Type 3 homes in MU1, 2 & 3. MU2 & 3 requires minimum 60% conventional units. Mr. Rumpf gave a summary of proposed amendments. He said to enforce reasonable separation standards, 300 feet vs 1,000 feet increases parking requirement for all square feet and duplex. The new regulations limiting impervious surface in front yards, and provide parking standards. Mr. Rumpf said the regulations address a property appearance issue involving vehicle parking and property condition, to provide a standard applicable to home size, and to provide the appropriate tools to regulate all properties including those owned, rented and occupied by group homes. Using FARR certified requirements to review group homes would be a recognized and reputable oversight. Certification requirement are neutral and more standardize. These are new regulations, these are unchartered. Mr. Rumpf said that certification was the foundation. Mr. Rumpf farther explained that what was reasonable was not always easy to define. Sober homes have a right to come to the City as long as they are in compliance. Commissioner Romelus had a few questions. She said she understands that 1000 feet was not defensible, but asked if there was a sweet spot in the middle. Mr. Rumpf indicated that if the City takes 300 feet that was the approximate distance. This would be about 4 houses of separation. 17 Page 283 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Mayor Grant asked if it was defensible to have one group home per block, some of the blocks are more than 500 feet. Mr. Rumpf agreed the blocks are not all the same and why the City was doing 300 feet. Commissioner Romelus asked if the Commission needed to have a vote or a consensus of the board. Attorney Cherof, explained this was the first reading; the Commission does not need to do that at this particular time. The Commission can express points of view, but not take a vote. Mayor Grant asked what was being done now if homes were closer than 300 feet. Mr. Rumpf said that homes would be grandfathered in, but would be required to obtain FARR certified. The home would be able to continue operation. Commissioner McCray asked what about the group home or residences that are in operation now? What happens to the existing group homes? Mr. Rumpf advised the existing homes would be grandfathered. A certification process would be required for the older group homes. The older group homes will be given a year to comply. Vice Mayor Katz wanted to applaud staff. It was important to note that the ,potential for abuse, purely for the purpose of profit, was great. Mayor Grant opened to public comment. Sister Loraine Ryan, 912 SE 1 Street, related the distance is very close to each other. This home has been there for over a year. On the other side of the street there was another one. She asked if the owners of the property across the street purchased the duplex, could the home now become another Sober Home. She asked how the Police Department is using some type of surveillance. She said she observed one time, a man standing in the median and receiving a bag from a car. She wanted to know the element of surveillance? Mayor Grant asked about other types of certifications and inspection of the homes. Mr. Rumpf said that he was not the expert, but if the City wanted to inspect the home the occupants would need to leave. Motion Commissioner McCray moved to approve. Motion seconded by Commissioner Romelus Vote City Clerk, Judith A. Pyle called the roll Vote 4-0 (Commission Casello Absent) 18 Page 284 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 B. Approve Conditional Use request for the stockpiling of landscape debris for recycling purpose, on the vacant parcel north of 301 SE 10th Avenue in the M-1 (Industrial) zoning district. Applicant: Joe Mignano, Mignano Tree Care. Attorney Cherof administered an oath to all those intending to testify. Christian Mignano, from Mignano Tree Care, indicated the business has been in Boynton Beach since 1976. He said that they have two locations in Boynton Beach and employ approximately 90 employees. At the end of day the lawn debris is bought back and dumped at the site. The pile was centralized on the property. Around the property there are areca palms to create a buffer and act as a noise barrier as well. They also have a gate; the workers come inside to dump their load. The pile is turned daily. On the top of the pile is an irrigation hose to keep everything cool. Mayor Grant asked about the current height limits. Mr. Mignano replied that they keep the piles less than 10 feet. The PVC shown in the picture was 10 feet and they keep the piles under, the PVC marker. Vice Mayor Katz, went to the site and was given a tour. There was a complaint. He was very supportive of this area. This was a very good use of land which would not be used otherwise. Mayor Grant said that this was a green economy company. Motion Commissioner McCray offered a motion to approve. Seconded by Vice Mayor Katz Vote Unanimously passed C. Approve request for Master Plan Modification to the Boynton Village and Town Center development to amend the previous approvals for the vacant tracts within Boynton Village and Town Center from 643 condominiums, 350 apartments and 115 single-family homes to 668 apartments and 115 single-family homes, on 106.499-acres located at the NE corner of Congress Avenue and Old Boynton Road. Applicant: Jeffrey Bartel, Berger Singerman LLP. (This request was withdrawn by the applicant to file a new application.) D. Approve request to construct 318 apartments and related site improvements on SMU Parcel 3 of the Boynton Village and Town Center 19 Page 285 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 master planned development, located on a 10.246-acre vacant tract on the west side of Renaissance Commons Boulevard, immediately south of the Boynton (C-16) Canal, in the SMU (Suburban Mixed Use) zoning district. Applicant: Jeffrey Bartel, Berger Singerman LLP. (This request was withdrawn by the applicant to submit a new application.) E. Approve request for Master Site Plan Modification for Retail Building 1 of the Quantum Park and Village South Mixed Use Pod, including request for PID (Planned Industrial Development) district waiver to reduce the side setback along the west side of Retail Building 1 from 15 feet to 5 feet, on 14.27 acres located at 1080 Gateway Boulevard, in the PID (Planned Industrial Development) zoning district. Applicant: Dale Lyon, Olen Development Corp. Attorney Cherof administered an oath to all those intending to testify. John Lyon, representing Olen Properties and Olen Development Corporation, Director of Construction and Development for Florida, asked for a waiver to reduce the side setback from 15 feet to 5 feet, to increase the building footprint from 4000 to 4025 square feet. Mr. Lyon said that this was the last remaining property within this complex. This property can now be developed with confidence. Mr. Lyon said this space can be leased out to an upscale tenant. The pad was already in place, it was a super pad. This will be upscale dinning; a good portion of the restaurant will have outside dinning, with a covered patio. There are no tenants at the moment; they cannot begin negotiation until the variance is approved. Commissioner McCray inquired about the purpose of requesting a set back from 15 feet to 5 Feet. Mr. Lyon responded it was to increase the outside seating area. There was a portion of the patio and roof that would have been encroaching onto an existing easement. Commissioner McCray needed staff to ensure that there are no easement issues. Mr. Lyon said that initially there were two easements. They were negotiated about four years ago. The easements have been vacated and recorded. There are two new easements in place. He stated that there was nothing encroaching. Even the drainage does not drain into the lake to keep away from erosion. Ed Breese, Principal Planner, stated staff recommended approval. The PID (Planned Industrial Development) waiver that was requested does not have any impact. Mayor Grant was concerned that the property was adjacent to a body of water. Mr. Lyon indicated that the company sprays for mosquitoes. If there was anything else, that would be handled by the tenant. 20 Page 286 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Commissioner Romelus asked if there were any safety barriers put in place. Mr. Lyon stated that currently there was a retaining wall; this property has been in place for a number of years. If there was a need for another barrier it can be addressed with the tenant. Mr. Breese asserted the applicant has agreed to the seven (7) conditions of approval. The Planning and Development Board recommends approval of the request. Mayor Grant opened to public comment. Susan Oyer, 140 SW 27th Way, thought this was a great idea. Motion Commissioner McCray moved to approve. Seconded by Commissioner Romelus. Vote Unanimously Passed F. PROPOSED ORDINANCE NO. 17-015 - FIRST READING - PUBLIC HEARING — Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 2, 3 and 4 to continue the implementation of the Community Redevelopment Plan with the establishment of the new Cultural District Overlay Zone regulating site development, uses, and urban design. Attorney Cherof read Proposed Ordinance No. 17-015, by title only on first reading. Amanda Bassiely, Senior Planner-Urban Designer, gave an overview on the New Cultural District Overlay zone. There are nine steps. Ms. Bassiely explained that the overlay sits over the zoning district. The City adopted the Boynton Beach Redevelopment District. The P-4 was the Priority Land Development Regulation Amendments. The project was along Ocean Avenue, runs along Seacrest to the FCC NE 1St street to South to SE 2 Avenue. The regulations are comprised of nine different sets. Ms. Bassiely explained one of the main difference between a zoning district and an overlay was that the zoning district can be used anywhere in the City. An overlay was tied to a specific location. She stated that this area will provide a mix of selected uses and activities to encourage the location of specialty retail, artist related uses and entertainment. This will also initiate implementation of CRA plan to ensure that redevelopment within this area, regardless of underlying zoning districts; will maintain 21 Page 287 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 an appropriate development scale, improve overall livability. Ms. Bassiely noted that there are some prohibitive uses, such as car lots or big box stores. Mayor Grant noted the prohibited uses included colleges, seminary and University. He asked if the University of Boynton will not be in the Cultural zone. Ms. Bassiely indicated that was correct. There are a couple of education uses that are still available. She continued, the modified building standard houses most of the development regulations, such as, lot area, lot frontage, pedestrian zone, builds to lines, building frontage, scale/ heights, setbacks and public space. Ms. Bassiely highlighted two areas, which are the pedestrian zone and the scale and height. The pedestrian zone was comprised of three parts. The first being the street tree area, adjacent to a sidewalk which was adjacent to an active area. Not all three portions are required on all roads. Ms. Bassiely said the reason why this was implemented was because it promotes dining, outdoor merchandise. She said the second would be scale and height. The overlay does not dictate over all height requirements. This was still housed in the zoning district. What this does was to create a cap on street level on certain roads, fence regulations that would promote activity, and added some pedestrian signage. Ms. Bassiely advised they are proposing the coastal village architectural design. Vice Mayor Katz asked about the initial setbacks, does that allow for usable space on top, say if someone wanted to create outdoor dining. Ms. Bassiely replied that it does. Commissioner Romelus inquired if the City implemented anything regarding living walls within the structures. Ms. Bassiely responded not within the overlay. She said that discussion comes up many times when the art theme comes up. One of the other items that were in the implementation was to review the sustainable guidelines. Commissioner McCray asked about the architectural committee; what would be the function of the committee. Ms. Bassiely pointed out there was no other committee being created. Vice Mayor Katz commented that his intent with all the development downtown, there are objections from many residents; not only in height and density, as well as appearance. In lieu of what Commissioner McCray stated that in past years the Commission was given the opportunity to review color swatches to weigh in, that has fallen by the wayside. The committee will have citizen input. Mayor Grant asked regarding the color scheme, does the City have all the colors available that the City would approve. Ms. Bassiely replied the City does not have a color palette per se. When the applicant comes in through site plan approval, they are required to have color swatches and material boards. There are no actual set guidelines. 22 Page 288 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 I Mr. Rumpf stated that the City architectural color standards in the City LDR are more of compatibility standards. The City does not have a mandated palette. Mayor Grant asked if the Commission could have the final color come through the board. Mr. Rumpf replied that was a requirement of the site plan review. The City requires a color sample. If applicant comes into office to change the color, this would be based on the major or minor changes. Mayor Grant said that with One Boynton this must have been a minor change. Mayor Grant asked if any new development in the cultural overlays or Boynton Beach come to the board. He asked if the issue with the color change considered major or minor. Mr. Rumpf stated that this would be considered minor. Mayor Grant inquired if this was okay with the board. It would only concern the overlay district. Mayor Grant said that any new changes to the overlay would be brought to the board, not just a review by staff. Vice Mayor Katz said that it has become pretty clear that some of the colors are defiant for the district and the area. Ms. Bassiely said there was a theme. The City was not over regulating. Staff can review with more teeth. Commissioner Romelus understood there was nothing on the books regarding color review. Ms.Bassiely stated that there are two conversations; one was overall, the process. There has always been a color swatch and a material board for the site plan review. Second, there was a compatibility check for the overall area. The Cultural overlay would require a color scheme based on the theme Commissioner McCray remembered in the past the Commission was presented drawings of the building and the color. Then, the Commission voted on the color. Mayor Grant stated that the Commission requested that this should be continued. Ms. Bassiely reiterated that was a requirement and she would make sure those boards make it over to the Commission. Ms. Bassiely explained that the modified building site regulation covers the bulk of the regulations. The regulation has a height and scale regulation which was similar to maximum height was a factor of zoning districts. Overlay adds a cap of 45 feet on Boynton Beach Boulevard frontages. Additional height must be stepped back a minimum of 10 feet. She explained that there was not a set scheme for the building design. On the parking, screen off-street parking areas from abutting rights-of-way and locate buildings along front and side corner property lines. Adapted sign regulations limit placement and size of monuments. 23 Page 289 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 r Mayor Grant asked for public comment. Cindy, De Falco, 316 NW 1 Ave, stated she lives in the Cultural district area presented. She understands that the City possibly considering taking down some of the house. The houses are adjacent to Boynton Beach Boulevard. She wanted to know what the plans for the area are. She said that it would be nice to keeping with the old world. Ms. De Falco said that this was an area that has a lot of historical homes. Ms. Bassiely said that this was an historical area. This area was highlighted as a potential historic district. This was for redevelopment purposes. No one would be kicked out of their homes. Susan Oyer, 140 SW 27 Way, realized the coastal village theme came up once about a year ago; she does not believe that was what the residents wanted. The City of Boynton Beach has traditionally been a coastal town. She said she believes that it was appropriate near the marina, but not inland. It would not look in place at the children museum. Also, Ms. Oyer wanted additional information about the Pedestrian signs. Would the signs have a specific height limitation, something cute and quaint that gives the shops a nice atmosphere. Ms. Bassiely, remarked primarily Code only allows for the understory signs that hangs underneath the canopy. She said there are size requirement. Ms. Oyer said if this was going to be consistent throughout the City. Would individual signs by accepted. Ms. Bassiely clarified this was only for the overlay. Bonnie Miskel, on behalf of client land owners, advised she represented private developers as well as governmental agencies. She commended staff did a very good job. If the Commission would look at the map, very little conforms to the overlay. Her clients are trying to redevelop some parcels. More restrictions do not encourage more development. She said the 150 feet corridor was not flexible. Commissioner McCray asked in regards to NW 4th street, where the Dunkin Donut would be located. Ms. Miskel replied, if the client would move forward they would need to request a waiver. Commissioner McCray remarked the area looks terrible. He was in favor of something coming in to enhance the area. Ms. Miskel said they will become a non-conforming parcel. If there was a fire or storm, they would need to redevelop in accordance with the Code. Again, everything that was not in green, unless they combine parcels, will make it harder to develop. Vice Mayor Katz asked what the frontage Ms. Miskel was looking to accomplish. The walkability was being focused on. What would be a reasonable number? Ms. Miskel said there are many categories that are 50 feet. The other thing that was included was percentages; the City would require 75% for the building. It promotes a larger use. This would not promote the mom and pops shops. She advised the maximum was 100 feet. 24 Page 290 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Ms. Bassiely pointed out in the plan the recommendations were mix use low to mix use high. The mix use districts range from 100 feet to 200 feet. the recommendation was mix use low. Mayor Grant asked if this range from the low to the high ends mix use zoning. Ms. Bassiely clarified it was100 feet to 200 feet. frontage. Ms. Miskel contended in the urban core; this was extending from the tracks west to 1 -95 to the lower intensity, it was not the urban core lot size in a more suburban town. This was not necessarily the best approach. Commissioner McCray questioned if this would have any bearing on east Boynton Beach Boulevard. Ms. Miskel said nothing was going to be non-conforming. Ms. Bassiely said that if there was a disaster, the owner would be able to rebuild. It would not have any effect on what was on the ground at this time. Commissioner McCray reiterated that in regards the Dunkin Donuts, they would need to get a waiver. Ms. Bassiely stated they are already within the system. She said that anything the Commission feels would not detrimentally affect the intent of the overlay, a waiver can be requested. Mayor Grant stated that 150 feet was significant. What the City was trying to do was to create the corridor for mix use. He asked if the coastal village was a defined theme, would that include Mediterranean. Ms. Bassiely replied that coastal village theme was for the cultural district. It was only for the six blocks. Mayor Grant asked if the Coastal Village include Mediterranean. Ms. Bassiely said that the Coastal Village was a defined theme in the overlay district. Mayor Grant wanted to know if the engineering plans that were done by Kimley-Horn were in compliance with the new regulations. Ms. Bassiely stated the plan was from Seacrest east to Federal highway. A new plan was being redone. Commissioner McCray requested staff get with Ms. Miskel and work with her regarding NE 4t". He said that that corner looks terrible. He emphasized that corner looks terrible. He wanted to see something on the lot. Vice Mayor Katz asked if there has been any thought in scaling down those requirements as the mix use intensity lessens towards 1-95. This potentially might seem like a compromise where the farther you get away from the mix use high and the downtown transit area, it becomes more residential. Ms. Bassiely explained the plan recommends three different land uses. Staff can try and come with a scheme that relates to land uses. She said that this was done previously with some of the parking standards. 25 Page 291 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Commissioner Romelus asked about Ocean Avenue and the lot frontages in the cultural overlay. Ms. Bassiely indicated that the frontage in the cultural district was 100 feet. The lot frontage and lot area has something to do with the lot footage and lot area has some correlation to do with parking. The City does have parking reduction within the cultural overlay district. Commissioner Romelus said based on what Ms. Miskel was saying, if the City was trying to encourage more of a coastal and little mom and pop shops on Ocean, this was where I would expect to see smaller lot frontage. From what she understands the City was trying to emulate more along the lines of Gateway Boulevard, PGA Boulevard and those types of corridors. Ms. Bassiely noted when looking at Gateway the lots frontage was really wide. Commissioner Romelus asked if Ms. Bassiely had the numbers. Ms. Bassiely replied the frontage was at least 200 feet. The designs make it appear smaller. Commissioner McCray asked about mixed use on Boynton Beach Boulevard, would the City need to purchase land in order to complete the project. Mayor Grant stated seeing on one else coming forward, public comment was closed. Motion Commissioner McCray asks for a motion to approve. Vote Ms. Pyle City Clerk, called the roll. Vote 4-0 (Commissioner Casello absent) G. PROPOSED ORDINANCE NO. 17- 016 - FIRST READING - PUBLIC HEARING — Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 2 and 3 to continue the implementation of the Community Redevelopment Plan with the establishment of the new Boynton Beach Boulevard Overlay Zone regulating site development standards, uses, and urban design. Attorney Cherof read Proposed Ordinance 17-016 by title only on first reading. Motion Vice Mayor Katz moved to approve. Seconded by Commissioner Romelus Vote Ms. Pyle City Clerk, called the roll. 26 Page 292 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Vote 3-1 (Commissioner McCray dissenting and Commissioner Casello absent) 10. CITY MANAGER'S REPORT A. The Town of Hypoluxo Council approved a potential expansion of the current interlocal agreement between the Town and the City to provide water service to approximately 500 customers currently receiving water from the Town of Manalapan. As an update to the City Commission, staff will work with the Town to develop the revised language for review and consideration by the City Commission. Mr. Colin Groff, Assistant City Manager, said he wanted to bring the Commission up to date on the negotiation with the town of Manalapan and the Town of Hypoluxo about their water and sewer services. The Town of Manalapan was given a proposal; the Town of Manalapan decided to go on their own. The Town of Hypoluxo was in our service area, with an exception of about 500 customers that they receive water from Manalapan. The City will be negotiating a revision to the interlocal agreement. Commissioner McCray mentioned the agreement would expire in 2020. Mr. Groff said they have a two year period in which they must begin the negotiations. Commissioner McCray asked for the monetary guesstimate. Mr. Groff stressed that whenever there are acquisitions the present customers will not see an increase in their rates. Those numbers are not available at this time. The City will acquire only 500 additional customers. 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Commissioner Romelus requests approval for $1,000 dollars of her Community Support Funds to be donated to the Women's Circle's Building Fund for the new facility and expanded programs. Motion Commissioner McCray moved to approve. Seconded by Commissioner Romelus. Sister Loraine explained that the Women's Circle was in the process of expanding; they are presently located on the south side of the building that was 1200 square feet. She said they are planning to move into the west side. They would have over 4000 square feet. She was very impressed with celebrating eight new U.S. citizens. She assists low income women and helps them get jobs. Also help them prepare for the U.S. citizenship examination. Commissioner Romelus came, and stood there as a very professional 27 Page 293 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 and competent woman and told the women that they could be anything. She wanted to thank her for coming. Vote Unanimously passed B. Approve changing the date of the first meeting in September from Tuesday, September 5, 2017 at 6:30 pm to Thursday, September 7, 2017 at 6:30 pm to have First Public Budget Hearing on Proposed FY 17118 Budget in accordance with the Truth in Millage (TRIM) calendar. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vote Unanimously passed C. Discuss and decide the signing authority for the periods of time that both the Mayor and Vice Mayor are not available. Motion to allow Commissioner Romelus to sign any documents in the absence of the Mayor and Vice Mayor. Motion Commissioner McCray moved to approve. Seconded by Vice Mayor Katz. Vote Unanimously passed D. Discussion on removal of advisory board member for absences and procedure to fill any vacancy. Commissioner McCray said this was something that was already in place. If a member missed a certain amount of meetings the person was taking off of the board. Then the member position was replaced. Ms. Pyle said that that was the attendance policy. However the resolution that was attached to the agenda states that when the CRAAB (Community Redevelopment 28 Page 294 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Agency Advisory Board) was created, the only way a member could be removed would be by vote of the Commission. Commissioner McCray stated that the Commission needs to establish a policy that if a member misses 3 meetings the Commission can vote them off of the board. Mayor Grant said that he was reading the County resolution; it said if they miss 3 consecutive meeting or more than 50% of yearly meetings. He asked if that was okay with the board. He explained that the member would be automatically taken off of the board. Mayor Grant asked if it could be done universally for all boards. Attorney Cherof, said yes, there would be one rule for all. Vice Mayor Katz noted that the Commission was reducing all other boards from 4 to 3 absences. Mayor Grant suggested consecutive absences of more than 50% of yearly meetings. He would suggest that this would be done in a calendar year beginning in January. Commissioner McCray said that there was already a policy in place. Requested that Ms. Pyle provide an update to the Commission. Ms. Pyle said that the policy does not indicate 3 consecutive days missed. The policy states 3 meeting that are missed, and then the 4th meeting they are taken off the board. Mayor Grant said the 4th meeting they are removed. Commissioner Romelus pointed out the members are to be removed by the Commissions discretion. This was why this was before the Commission. Ms. Pyle reiterated this was coming before the Commission because this was different from the other boards. The resolution for the CRAAB states that members can only be removed by the Commission. Vice Mayor Katz said he had no problem with modifying this policy. Mayor Grant said that whatever the Commission votes on tonight, that was what the new policy will be. Whether it was consecutive or the 50% that is fine. Then the City will need a motion to remove Ms. Paula Meilley, from the CRAAB. Vice Mayor Katz said that if we reduce it to 3, just to take note that the policy says 4 absences. 29 Page 295 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Commissioner Romelus said that the policy said 3 absences than if they miss a 4th then they are off. Ms. Pyle said there are 3 absences then they are sent a letter, and then if they miss a 4th, the member will be terminated from the board. Commissioner Romelus asked if there was communication with this board member. Ms. Pyle stated the member was sent a letter. Mayor Grant opened to public comment David Katz, 67 Midwood Lane, noticed that one applicant did not live in the City. He spoke with the City Clerk, and she stated if an applicant has a business in the City, then they are able to sit on a board. He did not feel the person should be on the quasi-judicial board. Commissioner Romelus said that this decision has nothing to do with the resident comment. She said that here are rules and regulations that should ue respected. Mayor Grant said the Commission will continue the policy except that it will apply to all board including the CRAAB. They will be sent a letter after the 3rd absence. Ms. Pyle stated that she does try to make contact. If a member was removed from the board, the member cannot serve on another board for 3 years. Commissioner Romelus said that the language needed to be added to the CRAAB resolution. Motion Mayor Grant requested a motion to terminate, to remove Ms. Paula Meilley, Commissioner McCray seconded the motion. Vice Unanimously passed 13. LEGAL A. PROPOSED ORDINANCE NO. 17-017 - FIRST READING - Approve the abandonment of an existing 12 feet. utility easement within the former Verzaal (landscape) Nursery Parcel located on Flavor Pict Road west of Military Trail. Attorney Cherof read Proposed Ordinance No. 17-017, by title only on first reading.. 30 Page 296 of 743 Meeting Minutes City Commission Boynton Beach, Fl June 20, 2017 Mayor Grant opened to public comment Motion Commissioner Romelus moved to approve. Seconded by Commissioner McCray Vote City Clerk, Judith A. Pyle called the roll Vote 4-0 (Commissioner Casello absent) B. PROPOSED ORDINANCE NO. 17-018 - FIRST READING - Approve the abandonment of existing utility easement rights within a Residential Access Roadway - Tract R-5, within the Flavor Pict Townhomes Plat as recorded in Plat Book 121 Pages 193 - 201. Attorney Cherof read Proposed Ordinance No. 17-018, by title only on first reading. Commissioner McCray asked if this was a utility easement. Colin Groff, Assistant City Manager said the easement was no longer needed that was why it was being abandoned. Mayor Grant opened to public comment Motion Commissioner McCray moved to approve. Seconded by Commissioner Romelus Vote City Clerk, Judith A. Pyle called the roll Vote 4-0 (Commissioner Casello absent) 14. FUTURE AGENDA ITEMS A. Monthly Departmental Presentations: ITS - July, 2017 Public Works - August, 2017 B. Medical Cannabis Dispensary (CDRV 17-003) — Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article 11, Definitions, to add definitions that regulate the Medical Cannabis Dispensary Industry, and Chapter 3, Article IV, Use Regulations, Section 3.D, Use Matrix, Table 3-28 and Matrix Note #104 Medical Cannabis 31 Page 297 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 Dispensary to add the provisions and standards that regulate the Medical Cannabis Dispensary Industry. Applicant: City-initiated. 7/18/17 C. Discussion relating to the future of the Building Board of Adjustment and Appeals - TBD E. Draft workforce housing ordinance - August 2017 F, Discuss non profit containers company, possibly of moving into Boynton Beach FLSC LLC( Florida Textile Recycling Programs) G, Parcel located east of Leisure Ville, H. Parcel of land behind Chapel Hill, a strip of land know as Girl Scout Park. I. Traveling Sauna 15. ADJOURNMENT Motion Commissioner McCray made a motion to adjourn. Seconded by Commissioner Romelus Vote Unanimously passed (Continued on next page) 32 Page 298 of 743 Meeting Minutes City Commission Boynton Beach, FI June 20, 2017 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Justin Katz Commissioner - Mack McCray Commissioner - Christina Romelus Commissioner - Joe Casello ATTEST JudfWA. Pyle, CMC;: Gty Clerk Queenester Nieves, Deputy City Clerk 33 Page 299 of 743 8.A. CODE COMPLIANCE AND LEGAL SETTLEMENTS 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: Modify the Code Compliance Magistrate's Lien Modification Order in Case#11-2475 signed June 21, 2017 reducing the fines in this case from$56,734.12 to $2,230.15. EXPLANATION OF REQUEST: Pursuant to Chapter 2, Article V of the City of Boynton Beach Code of Ordinances, a Lien Modification Order is final unless a City Commissioner takes exception to the final order within seven (7) days from the rendition of the Order by requesting that the City Manager's office place the case on a City Commission Agenda for review. Surplus after tax deed sale This Property was sold at a public sale and there is $43,385.98, less Clerk's fees and costs. Upon notice of the surplus from the Clerk, the City timely filed a Statement of Claim of$58,744.34 to cover the accrued fines from the lien in Case 11-2475. Pursuant to Section 197.582 of the Florida statutes, if the property is purchased for an amount in excess of the statutory bid of the certificate holder, the excess must be paid over and disbursed by the clerk. The clerk shall distribute the excess to the governmental units for the payment of any lien of record held by a governmental unit against the property. Lien Modification Hearing ✓Order The current Property owner who acquired the property at the public sale, sought a reduction of the existing lien in order to bring the property in compliance and apply for needed permits. The property owner's manager communicated with the City Attorney's Office prior to the hearing and inquired on the status of the surplus. At the special magistrate hearing on the lien reduction, held on June 21, 2017, the Property owner's manager failed to inform the Special Magistrate of the existence of the surplus funds. The City Attorney's Office has verified the facts presented by the Property owner by listening to the hearing recording. If the Lien Modification Order stands as is, with a reduced lien amount of$2,230.15, the City's pending Statement of Claim to recover the Surplus will be null and void. If the approximate $40,000 in surplus funds are applied to the City's Code Lien, there would be a remaining balance of approximately $16,734.12 which could then be considered for a reduction pursuant to the property owner's original application for a lien reduction. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The property is in compliance and therefore has no impact on our programs or services. FISCAL IMPACT: Non-budgeted If the Special Magistrate's Lien Reduction Order is upheld, the City would be waiving its entitlement to approximately $40,000 in surplus. Page 300 of 743 ALTERNATIVES: Affirm the Special Magistrate's Order; or Modify the Special Magistrate's Order. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Statement of Claim D Attachment Order Imposing Penalties and Lien D Attachment Lien Reduction Application D Attachment Lien Reduction Order and Transmittal REVIEWERS: Department Reviewer Action Date Legal Swanson, Lynn Approved 7/3/2017® 10:19 AM Finance Howard, Tim Approved 7/7/2017® 1:46 PM City Manager LaVerriere, Lori Approved 7/14/2017® 9:33 AM Page 301 of 743 STATEMENT OF CLAIM STATE OF Florida SHARON R. BOCK COUNTY OF Palm Beach Clerk&Comptroller Palm Beach County Before me, the undersigned authority, personally appeared Tim W. Howard who first being duly sworn, depose and say: 1. My name is Tim W. Howard I am over the age of eighteen(18)years. If you represent a corporation, please fill in the follow'T I am thAssistant City Manage�r "Title) ' e k of Clg� of Bo—yn—t—o-n--Be—a—c-h—,—Fioricia a of Corporation) 2. 1 hereby submit my claim fort deed surplus held byte Clerk& Comptroller from the sale of property arising out oft certificate number 162427-2011 -.,which was sold by the Clerk& Comptroller of Palm Beach County on March 15, 2017 3. 1 ammaking aclaim inthe amount of 58, 744 -34 -- 4. 1 am entitled to the surplus being held by the Clerk& Comptroller by virtue of my interest in the property as (check one)_Owner X Lienholder Mortgage older_ Other. Copies of documentation showing n;yliterest in the property are attached and made a pad hereof. (If you are a mortgage holder, please attach a payoff statement, reflecting payments made,the amount still owed, and calculated interest on the amount still owed.) Tax Deeds& re res Department 5. 1 hereby make claim to the surplus proceeds generated from the sale in the amount set forth in paragraph 3 above. I understand that the Clerk& 205 N. to Hwy.,Rm.3.2300 Comptroller will subtract their fees from the sale pursuant to the Florida West Pahn Beach FL 33401 statutes. I further understand that if I am making a claim as the owner of the property, any valid liens and mortgages in the property will be paid P.O.Box 484 before I am entitled to any of the surplus. I also understand the Clerk& West Palm Beach,FL 33402 Comptroller will hold the funds for ninety(90) days before determining who is entitled to payment. Tax Deeds Phone:561-355-2962 Foreclosures Phone:561,355-2986 Fax:561-355-7060 www.mypahnbeachelerk.com Page 302 of 743 Page 2 6. If I am making a claim as the owner of the property before the sale, and there are mortgages or liens shown on the Ownership&Encumbrance Report in the Clerk& Comptroller's file, I understand that I will need to submit further documentation tote Clerk&Comptroller,proving that any mortgages or liens reflected on the Ownership&Encumbrance Report have either been satisfied, or prove by affidavit that they do not encumber the property sold by the Clerk& Comptroller. FURTHER, AFFIANT SAYETH NAUGHT. (IF A CORPORATION, PLEASE INCLUDE CORPORATE SEAL AND ATTACH CORPORATE DOCUMENTS) Signature of Claimant-Tim W.Howard-Assistant City Manager-Administrative Services Teoregoing instrument was acknowledged before me t1his,;a–_*day of April 520 17 by Tim W.Howard,Assistant City Manager of Administrative Services who x is personally known to me or—who has produced as identification, and who did/did,not take an oath. -�"ttalce an atn' LYNN 9. 811AI My COMMISSION#FF 067M b.. EXPIRES:November 17,2017 t ublid Bonded Thm Noeq puNic Undeffi*rs P IASE PMAIL CHECK TO: i , B y of Boynton Belach Attn: Finance Department 100 East Boynton BcacTi—Flvd7— Boynton Beach,FL 33435 CONTACT NUMBER IN CASE OF ANY QUESTIONS: 561-742-6053 P 0. Box 484, West Palm Beach, FL 33402 (561) 355-2962 Page 303 of 743 r OFFICE OF THE CLERK & COMPTROLLER 8t C14 1� PALM BEACH COUNTY "YC �` $ � 1 ACH ® 1 Sharon R. Bock - Clerk& Comptroller CERTIFICATE NUMBER: 16427-2011 DESCRIPTION OF PROPERTY: 08-43-45-28-10-014-0221 BOYNTON HEIGHTS ADD REVISED PL LT 22(LESS W 8 FT)LT 23 &LT 24(LESS E 10 FT)BLK 14 Pursuant to Chapter 197,F.S.,the above property was sold at public sale on Mar-15-2017. A surplus of$43,385.98 less Clerk's fees and costs,and any unpaid governmental liens will remain and be held by this office for a period of ninety(90)days from the date of this notice for the benefit of persons having interest in and to this property as described in Section I97.502(4),F.S., as their interests may appear. Excess funds will be used to satisfy in full,to the extent possible,each senior mortgage or lien in the property before distribution of any funds to any junior mortgage or lien. Pursuant to Sections 197.582(2)and 197.473(1)of the Florida Statutes,excess proceeds shall be held by the clerk(with the exception of the certificate holder who shall be paid forthwith pursuant to Sec. 197.582(1),F.S.)and then disbursed in the same manner as unclaimed redemption monies in Sec, 197.473,F.S. In order to be considered for distribution of these funds from the Clerk&Comptroller office,you must submit a notarized statement of claim to this office,detailing the particulars of your lien, and the amounts currently due,within ninety(90)days of the date of this notice. A copy of this notice must be attached to your statement of claim. After examination of the statements of claim filed, this office will disburse according to priority. Any unclaimed funds will be remitted to the State pursuant to Sections 197.473 and 717.117 of the Florida Statutes. Dated this 17th day of March,2017. ` SHARON R.BOCK Clerk&Comptroller F Pal eh County . ,=s By: Deputy Clerk P.O. BOX 484 WEST PALM BEACH,FLORIDA 33402 Page 304 of 743 (561)355-2963 CITY CLERK'S OFFICE MEMORANDUM TO: Lynn Swanson City Attorney's Office FROM: Judith A. Pyle, CMC Interim City Clerk DATE, March 30, 2017 RE: Statement of Claim Certificate Number: 162427-2011 327 SW 2"'Ave 08-43-45-28-10-014-0221 The attached is from the Clerk&Comptroller's Office regarding EXCESS SURPLUS FROM Tax Deed Sale. I have reviewed our records and determined there are outstanding Community Standard Fines associated with the Property. —Ea—se—W—F—AmouRt—Ow"e' d.............................. Still Accruina -2475 No .................. 041. $49&25 ........16-1..........- -- ...................4................................... 15.230:1 47191 §%.... ..p r�annu�m ....................... .... 13-1715 $543.99 8% Itr annurn 13-457 $454.0'78% er annum ................................................................................................................. Attachments S:\CC\WP\Lien Searches\NOTICE OF SURPLUS 2016\Certificate# 16427-2011 327 SW 2nd Ave.docx Page 305 of 743 City of Boynton Beach Interest In Real Property � ? Internal Use Only Not Valid for Commercial Title Search This document serves as constructive notice of the City of Boynton Beach's interest in the real property identified below. 08434528100140221 Property Address : 327 SW 2ND AVE Search performed by City Clerk Office Account of City of Boynton Beach on Fri Mar 24 05:06:54 PDT 2017 Tracking Number: 1326056 Access PIN: 99222 Item 9 of 9 Code Enforcement Case Number: 16-00001041 Date Opened: 06/0912016 Case Type: ALL ACTIVE LOT LIEN Case Status: AC-ACTIVE For compliance please contact the Code Compliance Department at the City of Boynton Beach via messaging. Item 2 of 9 Code Enforcement Case Number: 15-00002301 DateOpened: 10/16/2015 Case Type: ALL-ACTIVE LOT LIEN Case Status: AC -ACTIVE For compliance please contact the Code Compliance Department at the City of Boynton Beach via messaging. Item 3 of 9 Code Enforcement Case Number: 13-00001715 Date Opened: 08/13/2013 Case Type: ALL ACTIVE LOT LIEN Case Status: AC-ACTIVE For compliance please contact the Code Compliance Department at the City of Boynton Beach via messaging. This report prepared and delivered via ConduitsTm,a service from Net Assets Corporation To use Messaging regarding this report,go to http:/Aconduits.nassets.net/messaging.htm] Page 306 of 743 Page 2 of 3 City of Boynton Beach Interest In Real Property Item 4 of 9 Code Enforcement Case Number: 13-00000457 Date Opened: 03118/2013 Case Type: ALL-ACTIVE LOT LIEN Case Status: AC -ACTIVE For compliance please contact the Code Compliance Department at the City of Boynton Beach via messaging. Item 5 of 9 Code Enforcement Case Number: 11-00002475 Date Opened: 09/09/2011 Case Type: LIEN -LIEN Case Status: AC-ACTIVE For compliance please contact the Code Compliance Department at the City of Boynton Beach via messaging. Item 6 of 9 Mowing and Maintenance Resolution Number: R16-177 Lien Number: 16-1041 Amount Due: $488.09 Resolution Adopted: 12/19/2016 Estimated payoff on 03/24/2017: $498.25 For compliance please contact the City Clerk at the City of Boynton Beach via messaging. Item 7 of 9 Mowing and Maintenance Resolution Number: R16-060 Lien Number: 15-2301 Amount Due: $438.09 Resolution Adopted., 03/1612016 Estimated payoff on 03/24/2017: $473-91 For compliance please contact the City Clerk at the City of Boynton Beach via messaging. This report prepared and delivered via CondultsTm,a service from Net Assets Corporation To use Messaging regarding this report,go to http://conduits.nassets.net/messaging.htmi Page 307 of 743 Page 3 of 3 City of Boynton Beach Interest In Real Property Item 8 of 9 Mowing and Maintenance Resolution Number: R14-043 Lien Number: 13-1715 Amount Due- $443.09 Resolution Adopted: 05/20/2014 Estimated payoff on 03/2412017: $543.99 For compliance please contact the City Clerk at the City of Boynton Beach via messaging. Item 9 of 9 Mowing and Maintenance Resolution Number: R14-002 Lien Number: 13457 Amount Due: $393.09 Resolution Adopted: 01/07/2014 Estimated payoff on 03/2412017: $494.07 For compliance please contact the City Clerk at the City of Boynton Beach via messaging. No outstanding Building Permits were found. No outstanding Utility Bills were found. SERVICE FEE FOR THIS REPORT PAID IN FULL: $115 "his statement is furnished at the request of the applicant for informationM purposes only,and the City of Boynton Beall, its officers or employees assume no responsibility or liabRity whatsoever for the authenticity or correctness of the matters set forth herein. This report prepared and delivered via ConduitsTm,a service from Net Assets Corporation To use Messaging regarding this report,go to http://conduits.nassets.nettmessaging.htmi Page 308 of 743 Page 309 of 743 We Is r and ce"Wi OM as It app"fo In tke CFN 20120017206 risectO of Cft of 6"nW Sm h. OR BK 24959 PG 0475 RECORDED 01/17/2012 08:39:24 Palo ch County, Florida . 1 -15L o ,GCOKPTROLLER Pgo 7 ; t2 __AITYCLLqqK DATE CODE COMPLIANCE CITY OF BOYNTON CASE NO. 11-2475 CITY OF BOYNTON BEACH, Petitioner, VS BOYNTON BEACH HEIGHTS REALTY Respondent(s) 1 ORDER IMPOSING PENALTIES/LIEN THIS CAUSE came before a public hearing before the Code Compliance Board of the City of Boynton Beach, Florida on November 16, 2011,after due notice to the Respondent(s), at which time the Board heard testimony under oath, received evidence, and issued its findings of fact and conclusions of law and thereupon issued its oral order which was reduced to writing and furnished to the Respondent(s) Said Order required the Respondent(s)to take certain corrective action by the time certain, as more specifically set forth in that Order with a compliance date of November 26, 2011 Under oath, the Code Officer testified to the Board that the required corrective action was not taken as ordered This case did not comply. Accordingly, it having been brought to the Board's attention that the Respondent(s)did not comply with the Order dated 1215/11, it is hereby ORDERED that Respondent(s) pay to the City of Boynton Beach, Florida, a fine in the amount of one hundred dollars ($100.00) per day for the violation(s)that exist at 327 SW 2`4 Ave . Boynton Beach, Florida, more fully described as BOYNTON HEIGHTS ADD REVISED PL LT 22 (LESS W 6 FT) LT 23 &24 (LESS E 10 FT) BLK 14, according to the plat thereof as recorded Plat Book 10 Page 64, of the Public Records of Palm Beach County, Florida PCN: 08-43-45-26-10-014-0221 from November 26,2011. which was the date previously set by the Board's order for compliance until the date of compliance plus administrative costs in the amount of$96 03 for each inspection totaling $384 12 for 4 inspections and$250.00 filing fee This Order can be recorded and shall constitute a lien against the above described property pursuant to Chapter 162 of the FI ride Statutes Ordered this day of 2011., at Boynton Beach, Palm Beach County, Florida Michele Costantino CHAIRPERSON CODE COMPLIANCE BOARD CITY OF BOYNTON BEACH TTEST ® Ci Clerk I - 833 Z� V , .IAN 0 4 2x'12 Page 1 of 'i CITY CLERK'S OFFICE Page 310 of 743 BEFORE THE CODE COMPLIANCE BOARD OF THE CITY OF BOYNTON BEACH,FLORIDA CASE NUMBER: 11-2475 CITY OF BOYNTON BEACH, FLORIDA Petitioner, CODE COMPLIANCE vs BQ6R2_QRDER BOYNTON BEACH HEIGHTS REALTY Respondent(s) THIS MATTER carne before the Code Compliance Board for hearing on the 16r"day of NOVEMBER,2011 After considering the testimony and evidence the board finds 1 Respondent(s)owns the Property,which is the subject of this Code Board proceeding 2 A violation or violations existing on the Property as set forth in the Notice of Violation istare as follows CH10 SEC 10-56(A),CHID SEC 10-56(9) 3 The Respondent(s)has/have been properly provided with Notice of Hearing and did not appear at the hearing It is therefore, ORDERED AND ADJUDGED THAT 1 Respondent(s)shall correct the violations)by 11/26/11 2 If the Respondent(s)will not comply with this Order,a fine in the amount of$100 00 z imposed each day the violation(s) exist(s)past the date set for compliance or for each time the violations)has/have been repeated plus administrative casts Once a fine is certified,that Order shall thereafter be recorded amongst the Public Records of Palm Beach County,Florida and shall constitute a lien upon the property located at 327 SW 2N°AVE,BOYNTON BEACH,FL,and more particularly described as BOYNTON HEIGHTS ADD REVISED PL LT 22 (LESS W 8 FT)LT 23 8 24(LESS E 10 FT)BLK 14,according to the plat thereof as recorded in Plat Book 10,Page 64,of in the Public Records of Palm Beach County,Florida PCN 08-43-45-28-10-014-0221 3 Respondent(s)shall advise the Code Compliance Division within 24 hours after the violations)have/has been corrected. The Code Compliance Officer assigned to Oils case will verify the status of the violation(a). ORD D AND ADJU ED after heanng at Boynton Beach, Flonda, this day of , 2011 .r%hlhu Michele C'oslantino,Chairperson CODE COMPLIANCE BOARD STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day,before me,an officer duly authorized in the County aforesaid to take acknowledgments,personally appeared Michele Costantino.Chairperson of the Code Compliance Board of the City of Boynton Beach,Florida,to me known to be the person described in and who executed the foregoing instrument and he V4nowledged bel that he executed the same Witness my hand and seal In the County and State last aforesaid this S-- day of .2011 NO I ARY PUB It ' My Commission l:%purs ITON at FILED ry Pub4�St of Florida fL%JDiane 5pn er V Ex My C 5 Or211I0mmasion E5129947 ! ° CLERK'S fI VVVe Page 311 of 743 The City of Boynton Beach ' f j,� 100 E. h Boulevard rd alt,1 Z"I Boynton Beach,Florida 33435 (P):561-742-£120 I ('F'):561-742-6838 M1 t�}a F www,boynton-beach-org LIEN REDUCTION HYING APPLICATION Date May 3 , 1 C : 11-2475 Violation Location: 327 SW 2"d AVE ' Owner(s): BOYNTON BEACH HEIGHTS REALTYI I The undersigned rerespondent(s ) hereby respectfully petition(s)the Code Compliancefor a Lien Reduction ari as described in Section2-84 of the City of Boynton Beach Code of Ordlinances.The property hereinafter desrAbed as: Legal: BOYNTON HEIGHTSI L LT ( ) LT 23&24 (LESS E 10 )BLK, accordingt recorded In Plat.Book 10, Page 64 of the Public of PalmCounty, FL PCN:08-43-45-32-03-011-0290 t :46() 900 Signature CONTACT INFORMATION: Print name: Phone number _ ail Q�ek?7160A, (06DeTrJD(JC&Wj All lion reduction applications must be received two weeks before the Magistrate hearing in order to be Included on that month's agenda.The property muste in TOTAL compliance prior to application submittal. In accordance with Section 2- 7,a$200.00 fee shall accompany this application with a fee of$50.00 for each additional lien for lien reduction.(make check payable to City of Boynton ch)If all criteria for lien reduction are not met under Section 2-85,the applicant shall be reimbursedone-half the amount of the application fee.If after it has been determined that the criteria under Section 2-85 has not been compiled with and the application returned to the applicant,a new application and fee must be submiftd for lien reduction hearing. MAGISTRATE HEARINGSNORMALLY HELD IN THE CITY COMMISSION CHAMBERS ON THE THIRD WEDNESDAY OF THE MONTH AND BEGIN PROMPTLYAT 9AM AMERICA'S GATEWAY TO THE GULFSTREAM Page 312 of 743 . .The City of . .Boynton n . . . 10 § . : »! \ ^ raw Dw Dift., JUM2112017 To: : . : \ T Mmix*ftnftmlg Cwe#li4A7S ,Mxptw X AAkftV. /mow » . . . . . . . \ ko okmtv pmaeun"lis=10 laftind: a A ON CwmTdnbtw hu won M dep ftm dw mrdffim of to OpW lb=#0 ==ftl w6m is MO pilog,MCI? #Muu kw & 8 2 \ \ft(M)dsp eftroqugd ftr aNbw. upon sum WAM,^ . Offt tkaft ra < UptwW < , OVOMM « Sped4d?MmO*sW dsddm < . . a. Modgy § a SpedW. 2 ? Wx MW© : "dn'w . . . »# 2 .of vw t . . � ww pmm mf Offts to an to fwW mbble S%md on no s ¥ -j:--day Of 2OL7 : cMOis , : . . . . , . . , . . . . <. S G W © 9M G M, S & Page 313 0 743 crry ov sovvro,N BxAcFA4,nZRff,)A rm I OF 1301-11n,014 BEACH CAUSEE NO, 11-2475 Baymollf BEAM MIGM MALTY ................. Tk'lM CAUSE cma -t-Am tbr. cf Boyntm Bwch Cc& CcmVlb= k-legWnto m. thri Respondent'r, to Cbwta T've,AftleFjvg.of th Chy Coda afOldkonug. M WaOfttu luving ccadduod the applicadma, 211 ft fwcs revx�fin the upwAu o0&or cokg tho K Teaft putypru In viOLqdm 4 dw data At dic cAsW Magiatmb henjc& lh� dvu the affidwit off wjkpug=zj was- issued, tba cu-vrmt lien W10M Fa SH PffiMlAt UbMAMI rd8tMg tO th.- agecifill @40 und bv:vg od=� doll advkod in t&ptendfia% R h lw-MTw, CRDEMAND AMUT-P103D that.- L Thin l&&Lxdz hm utdcct mM-W;r'A&WSQn of thk 6toz-4 mdjorbdivflan ovt--dw Rmoudent 2. T I w P map. I h-.a=-bt rU th a k,a W,,, fj a-, 3. 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PUBLIC HEARING 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: Approve request for Modification to the Boynton Village & Town Center Master Plan to amend the previous approvals for SMU Parcels 1, 2 & 3 within Boynton Village & Town Center from 643 condominiums, 350 apartments and 115 single-family homes to 674 apartments and 115 single-family homes, on 106.499-acres located at the NE corner of Congress Avenue and Old Boynton Road. Applicant: Jeffrey Bartel, Berger Singerman LLP. EXPLANATION OF REQUEST: A similar request was withdrawn by the applicant at the Commission's June 20, 2017 meeting. The applicant withdrew their applications in order to re-examine their development plan. After consideration and a slight re- design, the agent submitted this new application for Master Plan Modification (MPMD 17-004) and companion application for Major Site Plan Modification (MSPM 17-006), which essentially adds six(6) more apartment units to SMU Parcel 3 (an increase from 318 to 324 units) and provides for additional parking. The companion application for Major Site Plan Modification (Alta at Cortina- MSPM 17-006) is also on this same Commission agenda. This item was heard at the June 27, 2017 Planning & Development Board meeting, and was recommended for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 315 of 743 ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Location Map D Drawings Previous Master Plan D Drawings Proposed Master Plan D Conditions of Approval Conditions of Approval D Development Order Development Order REVIEWERS: Department Reviewer Action Date Planning and Zoning Rumpf, Michael Approved 6/30/2017® 1:04 PM Planning and Zoning Mack, Andrew Approved 7/10/2017® 5:12 PM Planning and Zoning Groff, Colin Approved 7/11/2017® 9:40 AM Assistant City Manager Groff, Colin Approved 7/11/2017® 9:40 AM City Manager LaVerriere, Lori Approved 7/14/2017® 10:00 AM Page 316 of 743 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-030 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael Rumpf Director of Planning and Zoning FROM: Ed Breese Principal Planner DATE: June 15, 2017 PROJECT NAME/NO: Boynton Village &Town Center (MPMD 17-004) REQUEST: Master Plan Modification to the Boynton Village & Town Center development to amend the previous approvals for SMU Parcels 1, 2 & 3 within Boynton Village & Town Center from 643 condominiums, 350 apartments and 115 single-family homes to 674 apartments and 115 single-family homes. PROJECT DESCRIPTION Applicant: BR Cortina Acquisitions, LLC Agent: Jeffrey Bartel, Berger Singerman LLP Location: NE corner of Congress Avenue and Old Boynton Road (see "Exhibit A" — Location Map) Existing Land Use: MX-S (Mixed Use Suburban) Existing Zoning: SMU (Suburban Mixed Use) Proposed Land Use: No change proposed Proposed Zoning: No change proposed Proposed Use: Master Plan Modification of the Boynton Village & Town Center development, and more specifically the Cortina portion of the project, to amend the development designated for SMU Parcels 1, 2 & 3 to 674 apartments and 115 single-family homes. Acreage: 106.499-acres Page 317 of 743 Boynton Village &Town Center MPMD 17-004 Staff Report Memorandum No. 17-030 Page 2 Adjacent Uses: North: Right-of-way for the Boynton Canal (C-16), then farther north is the Renaissance Commons mixed use development, zoned SMU (Suburban Mixed Use); South: Right-of-way for Old Boynton Road, then farther south is a mix of multi- family and single-family residential, zoned R-3 and R1-AA and commercial development (Oakwood Square shopping center), zoned C-3 (Community Commercial); East: Right-of-way for the Lake Worth Drainage District (E-4) Canal, then farther east is single-family residential (Sky Lake), zoned R1-AA (Single- Family Residential); and West: Right-of-way for Congress Avenue, then farther west are developed commercial properties, zoned C-3 (Community Commercial). BACKGROUND Mr. Jeffrey Bartel, Esq., of Berger Singerman LLP, is requesting a Master Plan Modification to the Boynton Village &Town Center Master Plan, and more specifically the Cortina portion of the master plan, to amend the development designated for SMU Parcels 1, 2 & 3 to 674 apartments and 115 single-family homes from the previous approval of 643 condominiums, 350 apartments and 115 single-family homes (see "Exhibit A" — Location Map). The Planning & Development Board heard a request from Berger Singerman for Master Plan Modification and Maior Site Plan Modification (MPMD 17-003 and MSPM 17-002) at their May 23, 2017 meeting. The applicant withdrew their applications in order to re-examine their development plan. After consideration and a slight re-design, the agent submitted this new application for Master Plan Modification (MPMD 17-004) and companion application for Maior Site Plan Modification (MSPM 17-006), which essentially adds six (6) more apartment units to SMU Parcel 3 (an increase from 318 to 324) and provides for additional parking. The property is a former dairy farm that received land use amendment and rezoning approval in 2005. The portion of the property containing the Target and Best Buy stores was zoned C-3, Community Commercial, and the balance of the site was zoned SMU, Suburban Mixed Use, and approved with a corresponding master plan for development. Staff requested a master plan for the entire site, as the interconnectivity and shared amenities warranted a comprehensive review of the 106 acres. The original master plan depicted 405,328 square feet of commercial space (retail, restaurant, & office) plus 1,120 dwelling units. A Master Plan Modification request (MPMD 12-003) was approved on July 17, 2012 to redesign the Cortina portion of the site (which at that time did not include the condominium sites) from 458 townhomes to 34 townhomes, 348 apartments and 80 single-family detached homes, including the relocation and re-sizing of the park land dedication. Subsequently a Master Plan Modification (MPMD 15-001) was submitted to amend a 0.42-acre portion of SMU Parcel 5 from 16 townhomes to a four (4) story, 24,000 square foot mixed use building with medical uses on the first two (2) floors and four (4) dwelling units on each of the next two (2) floors. The Master Plan was then modified (MPMD 15-002) to designate the remaining vacant tracts within Boynton Village & Town Center for 643 condominiums, 350 apartments and 115 single-family homes. Master Plan Modification 16-001 added 240 square feet of office space to SMU Parcel 5 administratively through the Page 318 of 743 Boynton Village &Town Center MPMD 17-004 Staff Report Memorandum No. 17-030 Page 3 Minor Master Plan Modification process. Lastly, Master Plan Modification 17-001 added electric vehicle charging stations to Parcel 2, resulting in the loss of one (1) parking space. This modification was also deemed minor by staff and approved administratively. Chapter 2, Article II, Section 2. D. 6., Master Plans, of the Land Development Regulations states that major changes in planned developments shall be processed through the Planning and Development Board and the City Commission. ANALYSIS The applicant is proposing to to amend the development designated for SMU Parcels 1, 2 & 3 to 674 apartments and 115 single-family homes, through the redesignation of the previously proposed 643 condominium units on Parcel 3 to 324 apartments. The original Master Plan approval was subject to a CRALLS (Constrained Roadway At Lower Level of Service) designation for the Congress Avenue and Old Boynton Road intersection. A CRALLS designation is a tool utilized by Palm Beach County under their Traffic Performance Standards (TPS) review of projects, when there is not adequate right-of-way for intersection expansion to accommodate additional turn lanes and/or longer vehicle stacking for those turn lanes. The County required other on and off-site improvements to assist with improved vehicle, bicycle and pedestrian movement facilitation, including the construction of the 3 and 5 lane segments of Old Boynton Road from Congress Avenue to Boynton Beach Boulevard, the continuation of Renaissance Commons Boulevard across the C-16 Canal and connecting with Old Boynton Road, the widening of Gateway Boulevard from Congress to High Ridge Road to 6 lanes, and the construction of the greenway path along the E-4 and C-16 canals. All of these improvements have been completed. The applicant submitted an updated traffic study to Palm Beach County Traffic Engineering. At the time of preparation of this staff report, staff has not received an approval letter from the County. With the reduction in the number of dwelling unit and corresponding reduction in the number of vehicle trips, it is anticipated an approval will be granted. As a condition of approval of this Master Plan Modification and companion Major Site Plan Modification request (MSPM 17-006) for Alta at Cortina for 324 apartments, no building permits shall be issued until such time as the approval letter is received. The CRALLS designation established a maximum threshold of 1,120 dwelling units within the Master Plan. This proposed Master Plan Modification request allocates 797 of those units (115 single-family homes proposed for SMU Parcel 1, 350 apartments currently under construction on SMU Parcel 2, 324 apartments proposed for SMU Parcel 3, and 8 apartments currently under construction on SMU Parcel 5 as part of a mixed use building), resulting in a balance of 323 undesignated dwelling units below the cap amount of 1,120. There are no changes proposed to the commercial portion of the master plan associated with this request. Staff considers the modifications to the approved master plan to be non-substantial. RECOMMENDATION The Planning and Zoning Division recommends that this request for Master Plan Modification be considered non-substantial, and approved subject to the comments included in "Exhibit U - Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. 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DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 1. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004 and an affidavit provided to the City X Clerk. 2. Any changes to the Major Site Plan Modification drawings which impact the Master Plan shall be reflected on these pages as well. X COMMUNITY REDEVELOPMENT AGENCY Comments: N/A Page 325 of 743 Boynton Village &Town Center (MPMD 17-004) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Boynton Village&Town Center\Master Plan\MPMD 17-004\COA.doc Page 326 of 743 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Village & Town Center (MPMD 17-004) APPLICANT'S AGENT: Jeffrey Bartel, Berger Singerman LLP AGENT'S ADDRESS: 1450 Brickell Avenue, Suite 1900, Miami, FL 33131 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 18, 2017 TYPE OF RELIEF SOUGHT: Master Plan Modification to the Boynton Village & Town Center development to amend the previous approvals for SMU Parcels 1, 2 & 3 within Boynton Village & Town Center from 643 condominiums, 350 apartments and 115 single-family homes to 674 apartments and 115 single-family homes. LOCATION OF PROPERTY: NE corner of Congress Avenue and Old Boynton Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Boynton Village&Town Center\Master Plans\MPMD 17-004\DO.doc Page 327 of 743 9.B. PUBLIC HEARING 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: Approve request to construct 324 apartments and related site improvements on SMU Parcel 3 of the Boynton Village &Town Center master planned development, located on a 10.246-acre vacant tract on the west side of Renaissance Commons Boulevard, immediately south of the Boynton (C-16) Canal, in the SMU (Suburban Mixed Use) zoning district. Applicant: Jeffrey Bartel, Berger Singerman LLP. EXPLANATION OF REQUEST: This companion application to the Boynton Village & Town Center Master Plan Modification (MPMD 17-004) proposes to construct 324 apartments within six(6), five-story buildings on Parcel 3, amending the previous approval for 643 condominium units located within two (2) six-story towers. A similar request was withdrawn by the applicant at the Commission's June 20, 2017 meeting. The applicant withdrew their applications in order to re-examine their development plan. After consideration and a slight re- design, the agent submitted this new application for Major Site Plan Modification (MSPM 17-006) essentially adding six(6) more apartment units to SMU Parcel 3 (an increase from 318 to 324 units) and provides for additional parking. The Planning & Development Board reviewed this request at their June 27, 2017 meeting and recommends approval, subject to the Conditions of Approval. The Board added two (2) conditions of approval to their recommendation, including 1) applicant to work with staff to determine potential opportunities mutually agreeable, where possible, to replace palm trees with oak trees, and 2) placement of the two (2) proposed EV charging stations in the parking area immediately around the clubhouse. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Revenue associated with permit fees, business tax fees, and increased property tax valuation. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 328 of 743 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Location Map D Drawings Site Plan D Drawings Site Plan D Drawings Site Plan D Drawings Site Plan D Drawings Sur y D Drawings Building Elevations D Drawings Building Elevations D Drawings Landscape Plans D Drawings Site Amenities D Conditions of Approval Conditions of Approval D Development Order Development Order REVIEWERS: Department Reviewer Action Date Planning and Zoning Rumpf, Michael Approved 6/30/2017® 11:58 AM Planning and Zoning Mack, Andrew Approved 7/10/2017® 5:12 PM Planning and Zoning Groff, Colin Approved 7/11/2017® 9:38 AM Assistant City Manager Groff, Colin Approved 7/11/2017® 9:39 AM City Manager LaVerriere, Lori Approved 7/14/2017® 10:00 AM Page 329 of 743 DEVELOPMENT DEPARTMENT PLANNING AND ZONINGDIVISION MEMORANDUM NO. PZ 17-031 STAFF REPORT TO- Chair and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and oni Director FROM: d Breese _ Principal Planner DATE: June 15, 2017 PROJECTNAME/NO: Alta at Cortina (MSPM 17-006) REQUEST: Major Site Plan Modification PROJECTI I Property r: Alta Boynton, LLC Applicant: Alta Boynton, LLC Agent: Jeffrey Bartel, Berger Singer an LL Location: Boynton Village&Town Center--SMU Parcel 3,the vacant tract located on the west side of Renaissance Commons Boulevard, immediately south of the C-16 Boynton Canal (see Exhibit"A"—LocationMap). Existing X- (Mixed Use Suburban) Existing i (Suburban ixed se) Proposed Use: No change proposed Proposed i o change proposed Proposed Request for major site plan modification approval to construct 324 apartments and related site improvements. Acreage: 10.246-acres of the entire 106.49 ®acre Boynton Village & Town Center parcel. Adjacent Right-of-way for the Boynton Canal (C-16), then farther north is the Renaissance Commons mixed use development, zoned SMU (Suburban ix Use); South: Existing commercial development within Boynton Village & Town Center, zoned Page 330 of 743 Staff Report—Alta at Cortina (MSPM 17-006) Memorandum No PZ 17-031 Page 2 SMU (Suburban Mixed Use); East: Right-of-way for Renaissance Commons Boulevard, then farther east is the Cortina Apartment complex, currently under construction, zoned SMU (Suburban Mixed Use); and West: Developed commercial buildings within Boynton Village & Town Center, then farther west is right-of-way for Congress Avenue and the Boynton Beach Mall. Site Details: The project site is a vacant 10.246-acre portion of the 106.499-acre Boynton Village & Town Center master planned development. BACKGROUND Proposal: Mr.Jeffrey Bartel, Esq., of Berger Singerman LLP, representing Alta Boynton, LLC, is requesting approval to construct 324 apartments and related site improvements on SMU Parcel 3 of the Boynton Village & Town Center master planned development. This application was filed with the companion application to amend the Master Plan (MPMD 17-004) to revise the development designated for SMU Parcel 3 from 643 condominium units to 324 apartments within six (6) 5-story buildings. The Planning & Development Board heard a request from Berger Singerman for Master Plan Modification and Manor Site Plan Modification (MPMD 17-003 and MSPM 17-002)at their May 23,2017 meeting.The applicant withdrew their applications in order to re-examine their development plan. After consideration and a slight re-design, the agent submitted this new application for Manor Site Plan Modification (MSPM 17-006)and companion application for Master Plan Modification (MPMD 17-004),which essentially adds six (66) more apartment units to SMU Parcel 3 (an increase from 318 to 324) and provides for additional parking. The property is a former dairy farm that received land use amendment and rezoning approval in 2005. The portion of the property containing the Target and Best Buy stores was zoned C-3, Community Commercial, and the balance of the site was zoned SMU, Suburban Mixed Use, and approved with a corresponding master plan for development. Staff requested a master plan for the entire site, as the interconnectivity and shared amenities warranted a comprehensive review of the 106.499 acres. The original master plan depicted 405,328 square feet of commercial space (retail, restaurant, & office) plus 1,120 dwelling units. The original Master Plan approval was subject to a CRALLS (Constrained Roadway At Lower Level of Service)designation for the Congress Avenue and Old Boynton Road intersection.A CRALLS designation is a tool utilized by Palm Beach County under their Traffic Performance Standards (TPS)review of projects,when there is not adequate right-of-way for intersection expansion to accommodate additional turn lanes and/or longer vehicle stacking for those turn lanes. The County required other on and off-site improvements to assist with improved vehicle, bicycle and pedestrian movement facilitation, including the construction of the 3 and 5 lane segments of Old Boynton Road from Congress Avenue to Boynton Beach Boulevard, the continuation of Renaissance Commons Boulevard across the C-16 Canal and connecting with Old Boynton Road, the widening of Page 331 of 743 Staff Report—Alta at Cortina (MSPM 17-006) Memorandum No PZ 17-031 Page 3 Gateway Boulevard from Congress to High Ridge Road to 6 lanes, and the construction of the greenway path along the E-4 and C-16 canals. All of these improvements have been completed. A traffic signal at Old Boynton Road and Renaissance Commons Boulevard was installed within the last year. ANALYSIS Concurrency: Traffic: The applicant submitted an updated traffic study to Palm Beach County Traffic Engineering.At the time of preparation of this staff report, staff has not received an approval letter from the County. With the reduction in the number of dwelling units and corresponding reduction in the number of vehicle trips, it is anticipated an approval will be granted. As a condition of approval of this Major Site Plan Modification request and companion Master Plan Modification (MPMD 17-004), no building permits shall be issued until such time as the approval letter is received. School: The applicant has applied for school concurrency determination with the School Board of Palm Beach County. As of the preparation of this agenda item, the City has not received the determination in writing, so a condition of approval has been added that the approval of the project is subject to receipt of a concurrency approval letter from the School District, and no permits shall be issued until its receipt. 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 adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Vehicular Access: As a master planned development,there are a two(2)ingress/egress drives on the site. The Site Plan (Sheet SP-1) depicts an existing east/west connector street, linking Congress Avenue and Renaissance Commons Boulevard,and bisecting the site into a north and south parcel. Both the north and south parcel have access drives from this connector street,with gated entry points approximately 100 feet off of the connector street. Circulation: Vehicular circulation would include two-way circulation that continues throughout all areas of the proposed development. Adequate access and circulation is provided for emergency and solid waste vehicles. Pedestrian access is provided to the greenway path along the north side though a walkway connection, and a southerly walkway connects to the existing commercial buildings to the south. The buildings fronting along Renaissance Commons Boulevard have direct access to Page 332 of 743 Staff Report—Alta at Cortina (MSPM 17-006) Memorandum No PZ 17-031 Page 4 the sidewalk along the Boulevard from individual unit walkways.Additionally,there are walkways connecting the sidewalk along Renaissance Commons Boulevard to the two (2) small park amenities (one on the north parcel and one on the south). Parking: This apartment tract (SMU Parcel 3) is proposed to have 324 dwelling units (171 one bedroom, 93 two bedroom, and 60 three bedroom units). Parking for apartments is based upon the number of bedrooms, one and one-half(1.5)parking spaces for one bedroom units and two (2) spaces for two (2) or more bedroom units. Based upon the calculations, 257 spaces are required for the one bedroom units and 306 spaces for all other units. There is also a calculation for guest parking of 0.15 spaces per unit, and based upon the 324 units, 49 guest parking spaces are required, as well as 5 parking spaces for the recreational amenity and 2 spaces for the leasing office. In total, 619 parking spaces are required and 622 are provided (85 spaces within individual garages attached to the units,21 within a small standalone garage, and 516 surface parking spaces) for an excess of 3 parking spaces. A total of 13 handicap parking spaces are required by code, and 19 are being provided. 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 applicant has designed landscape plans consistent with the planting scheme of the developed portions of Boynton Village &Town Center. The landscape plan (Sheet LP-4)depicts the use of Green Buttonwood, Beautyleaf, Live Oak, Gumbo Limbo, Golden Rain and Magnolia canopy trees, and Cocoanut, Royal, Sabal and Montgomery palm trees. Typical shrubs include Red Tip Cocoplum, Silver Buttonwood, Clusia, Seagrape, Ixora, Indian Hawthorne, and Dwarf Firebush. All plant material proposed is either high or medium drought tolerant. Building and Site: The 324 apartments are proposed on an approximately 10-acre parcel located on the west side of Renaissance Commons Boulevard, immediate south of the C-16 Canal, and east of, and behind the northernmost commercial portion of Boynton Village & Town Center that fronts on Congress Avenue. The dwelling units are proposed within six (6) 5-story buildings. The site is separated into a north and south parcel by a two-way drive that connects Congress Avenue to Renaissance Commons Boulevard.The north parcel contains three(3)apartment buildings,with 54 units each.The north parcel also contains a 21 car standalone garage structure and a small, centralized park. The south parcel also contains three (3) apartment buildings, with 54 units each. The recreation clubhouse and pool amenity, as well as another small park area, are located on the south parcel. The one(1) bedroom units are proposed to be between 750 and 834 square feet, while the two (2) bedroom units range from 1,089 to 1,164 square feet, and the three (3) bedroom units are designed to be between 1,201 and 1,294 square feet in size. The applicant has provided bike racks within the breezeways of each of the six (6) buildings, and 18 (eighteen)benches and waste receptacles scattered throughout the site, in compliance with the "Pedestrian & Bicyclist Amenities" chart from the Site Design Standards section of the Land Development Regulations.. Building Height: As noted earlier, the site was previously approved for two (2) condominium Page 333 of 743 Staff Report—Alta at Cortina (MSPM 17-006) Memorandum No PZ 17-031 Page 5 structures at six (6) stories in height. Both buildings were proposed with a roof deck at 60 feet in height, with the tallest parapet at 65 feet in height and the top of the stairwell roof at 71 feet, below the 75 feet in height maximum allowed within the SMU (Suburban Mixed Use) zoning district. Buildings in excess of 55 feet in height within the SMU district require conditional use approval,which the applicant received. The proposed new apartments are designed with sloped roofs. The height measurement for sloped roofs is to the midpoint between the eave and the ridge of the roof. The structures have a median roof height between 53' —3" for Building Type I (see Sheet A-3.1.1), and 54' —8"for Building Type II (see Sheets A-3.2.1). Since the measurement is below the 55 foot threshold, conditional use approval is not required. Design: In contrast to the apartments being constructed across the street, which have a modern style of architecture, the apartments proposed as part of the Alta at Cortina development have a slightly South Florida Mediterranean influence, with the barrel tile roofs, decorative brackets, outlookers and railings, stucco finish and color palette. According to the plans, the building walls are proposed as textured stucco, with raised scored stucco panels, and bronze aluminum railings. The building walls are proposed to be painted off-white and cream (Sherwin-Williams Snowbound, and Pacer White),with the brackets, outlookers and shutters painted brown. Public Art: The original approvals for this vacant parcel occurred prior to the adoption of the Art in Public Places ordinance and became vested through permit issuance.As the application does not intensify the original approval, staff has determined no additional arts fees are due. Site Lighting: All portions of the project are designed with site lighting that meets the City's lighting/illumination requirements. The applicant is utilizing a natural aluminum color post with a slim-line Gardco LED light fixture within the parking lot and park areas, which are proposed at a height of 20 feet to be compatible with the residential nature of the project and the developments across the canal. The fixtures are proposed to be shielded to eliminate any light trespass and minimize any external impacts off the property. The applicant is also proposing more decorative pole lights at the entry drives (Luminis), which has the appearance of torch lights. The wall lights also follow this decorative design through the utilization of a very similar fixture by Luminis. Signage: Proposed monument and wall signage is required to comply with the adopted Sign Program for Boynton Village &Town Center. RECOMMENDATION The Development Application Review Team (DART) has reviewed this request for major site plan modification approval and recommends approval contingent upon approval of the accompanying master plan modification and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. 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R _� R x ffi �g�me 11 2 r Q � ( ( ° Y 62� a mn _ ffi&° � a e�S gpffi a-g a^o 6E s °s ° a em 5 t w ��$m i �� F m �So mSLL H Z `noa -6 aimn oh l$K a g� �5 '° 65 poi o� ; Y W N � ��8 `� �n� � � a��®a6p�am� ���o � as"p ;1�� � ✓� moi X80 .$a°°_ °s "v 3 a M S'IIVEM ddV�S(MVH O _ _ V(ll2I0 lA`H3v:4g NOZNAOg m IXaa a ff O cZ — o LL � n ° s� .•mss . Adm > > LL, F d Cv Ii � W o w J�ffly _ o 0 �u LU j 4 y� - _ W O WW LU > - _ dl O U 3 z Q O d a d O s O zZT O S - CO, O _t O EXHIBIT "C" Conditions of Approval Project Name: Alta Cortina at Boynton Village File number: MSPM 17-006 Reference: 1 sl review plans identified as a Master Plan Modification with a June 14, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: 1. Please provide a copy of the notice of concurrency to the Traffic Performance Standards of Palm Beach County. (NOTE: If notice of concurrency is a condition of DART approval applicant will be X required to comply with any recommendations outlined in concurrency approval deemed necessary by the City and will be at the City's sole discretion). No building permits will be issued prior to receipt of the County's approval letter. 2. Please show the turning radii at all exits on the site plan. X 3. For water and sewer permitting, Boynton Beach Utilities is no longer accepting hard copy set of plans to review. The reviewing process is now done via E-Builder using electronic files. We will provide E- builder access to the Engineer of record, and we will train him on X how to use the system. Once the review is completed, two signed and sealed sets should be submitted to our office for field inspection. Also, for Palm Beach County Health Department submittal, five signed and sealed sets shall be submitted to our office along with the applications. FIRE Comments: None, all previous comments satisfied at DART meeting. POLICE Comments: None, all previous comments satisfied at DART meeting. BUILDING DIVISION Comments: None, all previous comments satisfied at DART meeting. PARKS AND RECREATION Page 348 of 743 Alta Cortina at Boynton Village (MSPM 17-006) Conditions of Approval Page 2of3 DEPARTMENTS INCLUDE REJECT Comments: 4. Per City Ordinance, the Park Impact Fee is based upon a factor of $595 per unit for multi-family dwellings. Based upon the proposed X 324 units, the fee will be $192,780 (324 X $595). PLANNING AND ZONING Comments: 5. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- X 007 and Ordinance 05-004 and an affidavit provided to the City Clerk. 6. Please provide a copy of Palm Beach County School District concurrency approval letter. No building permits will be issued prior X to receipt of the District's approval letter. 7. Any proposed signage shall conform to the Sign Program adopted for Boynton Village & Town Center. X 8. Please note that approval of the Major Site Plan Modification application is subject to approval of the companion application for X Master Plan Modification. 9. Applicants who wish to utilize City electronic media equipment for recommended PowerPoint presentations at the public hearings must notify the project manager in Planning and Zoning and submit a CD X of the presentation at least one week prior to the scheduled meeting. COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 10. The applicant shall work with staff to determine potential opportunities, mutually agreeable to both parties, where proposed X palm trees could be replaced with oak trees. 11. The two (2) proposed EV charging stations shall be placed in the parking area immediately around the clubhouse. X CITY COMMISSION CONDITIONS Page 349 of 743 Alta Cortina at Boynton Village (MSPM 17-006) Conditions of Approval Page 3 of 3 DEPARTMENTS INCLUDE REJECT Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Boynton Village&Town Center\Master Plan\MPMD 17-004\MSPM 17-006\COA post P&D.doc Page 350 of 743 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Village & Town Center (MSPM 17-006) APPLICANT'S AGENT: Jeffrey Bartel, Berger Singerman LLP AGENT'S ADDRESS: 1450 Brickell Avenue, Suite 1900, Miami, FL 33131 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 18, 2017 TYPE OF RELIEF SOUGHT: Major Site Plan Modification approval of the Alta at Cortina parcel to construct 324 apartments and related site improvements on a 10.246 acre parcel, zoned SMU (Suburban Mixed Use). LOCATION OF PROPERTY: Boynton Village & Town Center— SMU Parcel 3, the vacant tract located on the west side of Renaissance Commons Boulevard, immediately south of the C-16 Boynton Canal. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Boynton Village&Town Center\Master Plans\MPMD 17-004\MSPM 17-006\DO.doc Page 351 of 743 9.C. PUBLIC HEARING 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-014- SECOND READING - PUBLIC HEARING - Approve amendments to the CODE OF ORDINANCES, Chapter 13. Licensing, and the LAND DEVELOPMENT REGULATIONS, Chapter 1. Article 11. Definitions, Chapter 3. Article IV. Use Regulations, and Chapter 4. Article V. Minimum Off-Street Parking Requirements that provide necessary updates and new standards and justifications for the accommodation and regulation of group homes, and parking requirements for single- and two-family dwelling units. EXPLANATION OF REQUEST: On January 17, 2017 the City Commission adopted Ordinance No. 16-025 thereby establishing a moratorium on the processing of and issuance of licenses, business tax receipts, development orders, certificates of use or permits for all group homes in the City until June 4th. The moratorium placed a temporary freeze on processing of related applications while a study was conducted by staff and necessary amendments to the City's Code of Ordinances are processed. Objectives of the study have included the following: • To determine the extent that local regulations can contribute to the regulatory system intended to protect group home residents including persons in drug and alcohol treatment programs; • To maintain compliance with Federal requirements that protect persons with disabilities; • To maintain the quality of single-family neighborhoods in order to meet the needs and expectations of local residents including both the conventional family and group home family; as well as • Produce draft regulations that minimize the necessity for the filing of applications for reasonable accommodation and therefore the frequency of administrative review and case-by-case judgment by staff. Highlights of the proposed amendments are as follows: Terms and Definitions Most notably, the proposed amendments include omitting the Type 4 group home category and defining three group home categories by size and intensification of uses and activity. The elimination of the Type 4 group home, and basing the typology on size and intensity rather than on the client or purpose of the home, eliminates a potential discriminating characteristic of the City's regulations. Further, the revised Type 2 group home category would accommodate a larger halfway house but within the multi-family zoning district to coincide with the density and intensity of the R-3 zoning district. The Type 3 facilities are the larger, more self- sufficient residential care facilities than the Type 1 or Type 2 group homes, and are proposed to be allowed in selected residential, commercial and mixed-use zoning districts without adhering to a minimum distance separation. (Also see "Zoning" below for a description of the proposed amendment to the maximum persons standard). Subsequent to First Reading of the ordinance staff identified additional terms and definitions that need to be edited or deleted for consistency with the proposed regulations that include elimination of the Type 4 Group Home. Regulatory and Operational Oversight This aspect of the proposed regulations supports the attempts of the state legislators to establish a certification system for sober homes by requiring all such homes to be certified by FARR, the Florida Association of Recovery Residences. FARR certifies providers to the standards of NARR (the National Alliance for Page 352 of 743 Recovery Residences). Staff points out that about all of the different types of group homes in the City require licensing by a state agency, and despite that residents of a sober home are deemed disabled and therefore subject to protection by the American with Disabilities Act (ADA) and the Fair Housing Act (FHA), there is no regulatory system for the operators or the group homes. The quality standards required by NARR are comprehensive, applying to all aspects of the facility including organization and system, operator qualifications, ethics, resident rights, privacy, recovery based, skill development, home environment, and neighborhood relations and "community". Zonina The redefined Type 2 Group Home would be added to the R-2 Zoning District as a permitted use but restricted to properties with frontage on arterial or collector streets to prevent impacts on single-family neighborhoods, and added to the PUD District as a conditional use. Altheugh G9ntFaveFsial and G9ntFaFy to the ebje.tive of 0 nte single family neighbeFheeds, te exist and asseGiate YAth Genventienal heusehelds, then it 06 legiG assume that the FneFe Genventmenal heusehelds e)dsting within the aFea aFeund the FeGeveFy eF half way heuse-, Although there is no question that the single-family neighborhood and all its attributes are targeted for the appropriate normalization and community integration of many residences such as those in treatment programs and recovery houses, due to the difficulty in justifying a distance separation that has was intended to prevent clustering and the "institutionalizing" of a neighborhood this standard of the draft ordinance has been removed. Although staff is reluctant to remove this component of the regulations, staff advises that such a standard lacks technical justification and could therefore be a target of those looking to find the City's regulations discriminating against disabled individuals and therefore in violation of the Federal ADA and/or FHA. Lastly, subsequent to review by the Planning & Development Board, and after additional consideration, staff proposes to amend the maximum persons standard from the flat rate of 6 per dwelling to a varying standard of 2 persons per bedroom up to a maximum of 10 persons per dwelling unit. This amendment would represent the standardizing of our regulations, is less arbitrary, and better supports the ideal recovery house that emphasizes the buddy system and accountability, and the target size of the transition home (Oxford House - 8 and 14 residents). Staff emphasizes that a comfort level with greater house intensity is based most importantly on the certification requirement that is needed to ensure that the group home operation is structured and based on the organizational and functional principals approved by an overseeing entity such as FARR or Oxford House Inc. With a controlled (responsible and behaved) household there should be no impacts upon the neighborhood, particularly given that most residents of either a transition/recovery home or ALF do not drive; however, the proposed increased parking requirement for single- and two-family homes is intended to prevent any potential negative impacts with greater driving-age residents in either a group home or conventional home. Property Appearance and Parking Staff recommends that the minimum parking standards be increased for all single- and two-family homes, regardless of the occupants. This is considered a "neutral" standard as it would apply to both conventional households and group households, and is intended to prevent the possible impacts resulting from the number of driving-age persons exceeding the number of minimal parking spaces for single and two-family dwellings. Staff recommends that the minimum parking spaces be a factor of the number of bedrooms in a house, and that the City also adopt a maximum impervious standard for such land uses to prevent the entire front yards from being used for parking purposes. CONCLUSION: In addition to the changes made in the proposed ordinance subsequent to First Reading, also note that various edits and "clean-ups were made and are shown in underlined and cross-out text in a teal font. Such additional changes did not modify the proposed standards but enhance the regulations with greater clarity and proper reference to the City's Reasonable Accommodation process. Two final points that should be emphasized include 1) the importance of the certification requirement in the proposed amendments, and 2) the anticipated need to monitor any amendments ultimately adopted for meeting the intended objectives, and in particular, for maintaining compliance with federal laws. If the certification Page 353 of 743 requirement is omitted from the proposed regulations, the remaining regulations (namely the maximum persons standard) proposed for adoption must be reconsidered. The structured operating environment intended through certification and regular oversight is important for the overall success in maintaining the quality living environment for both the group home resident and the general neighborhood, as well as to do our part in discouraging illegitimate operations. As for the planned monitoring of the ultimate regulations, uncertainty and complexity of regulating group homes, as well as the potentially dynamic state regulatory system, warrants monitoring of any amendments ultimately adopted for meeting the intended objectives, and in particular, for maintaining compliance with federal laws. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Higher standards set for the group homes, particularly for treatment homes, is expected to increase quality of operations and reduce emergency calls for service. FISCAL IMPACT: With a reduction in emergency calls there should be a reduction in service expenses. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N?A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance and Matrix D Ordinance Track Changes- Ordinance D Ordinance Group Homes Ordinance D Staff Report Original Planning & Development Board Staff Report D Other Aide show presentation REVIEWERS: Department Reviewer Action Date Development Stanzione, Tammy Approved 7/11/2017® 8:40 AM Page 354 of 743 1 2 ORDINANCE NO. 17- 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 6 AMENDING THE CODE OF ORDINANCES, CHAPTER 13, LICENSING, 7 AND THE LAND DEVELOPMENT REGULATIONS, CHAPTER 1, 8 ARTICLE II, DEFINITIONS; CHAPTER 3, ARTICLE IV USE 9 REGULATIONS; AND CHAPTER 4, ARTICLE V, MINIMUM OFF- 10 STREET PARKING REQUIREMENTS. PROVIDING NECESSARY 11 UPDATES; NEW STANDARDS AND JUSTIFICATIONS FOR THE 12 ACCOMMODATION AND REGULATION OF GROUP HOMES; AND 13 PARKING REQUIREMENTS FOR SINGLE- AND TWO-FAMILY 14 DWELLING UNITS. PROVIDING FOR EXCEPTIONS; PROVIDING 15 FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN 16 EFFECTIVE DATE. 17 18 WHEREAS, there is a perception that there is a proliferation of unlicensed group 19 homes in Palm Beach County and within the City of Bovnton Beach. That perception requires 20 the City Commission to examine the need for balance between citizens who desire or need 21 group housing and citizens who believe there should be greater regulation; and 22 WHEREAS, On November 10, 2016, the United States Departments of Justice and 23 Housing and Urban Development released the Updated Fair Housing Act Guidance on State 24 and Local Land Use Laws related to group housing; and 25 WHEREAS, in order to allow time to establish proper regulations to protect group 26 home residents while also exercising its lawful right to regulate zoning, on January 17, 2017, 27 the City approved Ordinance No. 16-025, thereby commencing a temporary moratorium on 28 the processing of applications for group homes to undertake the review and revision of the 29 zoning and use regulations as they relate to group housing within the City of Boynton Beach 30 to find the proper means of protecting the legal rights of group home occupants while 31 preserving the integrity of the City' s zoning plan; and, 32 WHEREAS, during the time of the moratorium, the City conducted a study of the 33 City's Code of Ordinances including zoning regulations, parking regulations, community 34 standards, and business tax processes; applicable federal rules, regulations, and reports on the 35 regulating of group and treatment homes; state laws and pending laws; reports or publications 36 on recognized recovery housing and the role and importance of communal living in the {00191115.1306_90018211 Page 1 of 14 Second Rending Revisions Page 355 of 743 37 treatment process; including interviewing a representative from the Florida Association of 38 Recovery Residences; and 39 WHEREAS, The City adopted Ordinance 10-025, passed 12-7-10; Amended 40 Ordinance 11-002, passed 3-1-11; and Amended Ordinance 13-033, §3, passed 12-3-13, to 41 implement a procedure for processing requests for reasonable accommodation to the City's 42 Code of Ordinances, Land Development Regulations, rules, policies, and procedures for 43 persons with disabilities as provided by the federal Fair Housing Amendments Act (42 U.S.C. 44 3601. et. seq.) and/or Tide lI of the Americans with Disabilities Amendments Act (42 U.S.C. 45 Section 12131, et. seq.) ("ADA"), 46 WHEREAS, the City's reasonable accommodation process has remained viable 47 during the moratorium period to consider and avoid the denial of housing or related services 48 to a disabled individual; and 49 WHEREAS, the Palm Beach Grand Jury in the Circuit Court of the 15`'•' Judicial 50 Circuit's Report on the Proliferation of Fraud and Abuse in Florida's Addiction Treatment 51 industry(Dec. 8, 2016)reported 484 overdose deaths in Delray Beach in 2016, up from 195 in 52 2015; and 53 WHEREAS, the statistics on addiction and overdose for the City of Delray Beach and 54 Palm Beach County are an indication of the possible future of Boynton Beach, without proper 55 services for treatment and regulated housing accommodations; and 56 WHEREAS, The Palm Beach Grand Jury's Report recommended certification and 57 licensure for"commercial recovery housing"; and 58 WHEREAS, The Grand Jury received evidence from a number of sources that 59 recovery residences operating under nationally recognized standards, such as those created by 60 the National Alliance for Recovery Residences (NARR), are proven to be highly beneficial to 61 recovery; and 62 WHEREAS, the State of Florida relies upon the Florida Association of Recovery 63 Residences (FARR) for review, certification and oversight of recovery houses and operators 64 as part of the State's restriction on recovery residence referrals; and 65 WHEREAS, The courts have regularly found a legitimate purpose in zoning 66 regulations intended to achieve a homogenous, traditional single-family neighborhood, with 67 low noise, fewer people, and restrictions on vehicles; and (001911191306.9001821} Page 2 of 14 Second Reading Revisions Page 356 of 743 68 WHEREAS, the City has experienced and observed a rapidly increasing rate of opioid 69 addiction, deaths, and emergency demands in the local area; and 70 WHEREAS, Boynton Beach Fire Rescue activity reports indicate that heroin and 71 opioid overdose calls totaled 250 in the first 5 months of 2017, resulting in 10 deaths and 72 requiring use of over$10,000 in Narcan for treatment; and 73 WHEREAS, Palm Beach County has experienced an increase in fatal opioid cases by 74 314% between 2012 and 2016; and 75 WHEREAS, the State of Florida has recognized a trend in criminal activity, such as 76 insurance fraud and resident neglect, related to the management of group homes, and as a 77 result, the State continues to adopt regulations and rules with an emphasis on penalties for 78 such activity; and 79 WHEREAS, the City of Boynton Beach seeks to establish regulations which protect 80 the group home residents from criminal activity, such as insurance fraud and resident neglect, 81 related to the management of group homes; and 82 WHEREAS, the Fair Housing Act prohibits local land use and zoning laws, policies, 83 and practices that discriminate based on a characteristic protected under the Act, including 84 individuals being treated for addictions to alcohol and being treated for substance abuse; and 85 WHEREAS, in Olmstead v. L.C., the Supreme Court ruled that the Americans with 86 Disabilities Act (ADA) prohibits the unjustified segregation of persons with disabilities in 87 institutional settings where necessary services could reasonably be provided in integrated, 88 community-based settings. An integrated setting is one that enables individuals with 89 disabilities to live and interact with individuals without disabilities to the fullest extent 90 possible; and 91 WHEREAS, as a result of the City's research, it is necessary to modify the existing 92 ordinance to: (a) preserve access to homogenous, traditional single-family neighborhoods, 93 with low noise, fewer people, and restrictions on vehicles; (b) establish regulations which 94 protect the residents of group homes from criminal activity, such as insurance fraud and 95 resident neglect, related to the management of group homes; and (c) update the City's existing 96 regulations to incorporate recent changes in law and the findings of the Grand Jury; and {00191115.1 306-9001821} Page 3 of 14 Second Reading Revisions Page 357 of 743 97 WHEREAS, the City Commission deems it appropriate and in the best interests of the 98 health, safety and welfare of the citizens and residents of the City of Boynton Beach to amend 99 the City Code and Land Development Regulations as specified herein. 100 101 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 102 THE CITY OF BOYNTON BEACH, THAT: 103 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 104 herein by this reference. 105 106 Section 2. That Chapter 13, of the City of Boynton Beach Code of Ordinances is 107 hereby amended as follows: 108 109 110 ARTICLE I. BUSINESS TAX RECEIPTS AND CERTIFICATE OF USE AND III OCCUPANCY 11.2 Sec. 13-4 CLASSIFICATION AND FEE SCHEDULE 113 Notes: 114 * Businesses that are required a license and/or certification from a state or other agency. 115 This includes but may not be limited to one or more of the following: 116 Department of Business and Professional Regulation and the Division of Hotels & 117 Restaurants, r, o�* of u„siness R egulatien, Department of Agriculture & Consumer 118 Services, Department of Highway Safety & Motor Vehicles, Florida Bar Association, Florida 119 Department of Financial Services Florida Agency for 120 Health Care Administration Florida Office of Financial Regulation, Palm Beach County 121 Contractors Certification Division Palm Beach County Health Department and the 122 Department of Health Housing limited to or intended for persons in any stage of alcohol and 123 drug treatment maybe certified by the Florida Association of Recovery Residences 124 (FARR)-, a like entity as designated by the State of Florida for monitoring and oversight 125 purposes, or may apply for consideration through the City's Reasonable Accommodation 126 process as set forth in Part 1II Chapter 2 Article II Section 4 of the City's Code of 127 Ordinances. 128 129 "NEC" -Not Elsewhere Classified 130 131 Sec. 13-30 GROUP HOMES 132 133 See. 13-30. Group Homes, Certification Requirements and Grace Period 134 (a) For applicable terms and definitions see the Land Development Regulations 135 Chapter 1, Article 11. Definitions. 136 (b) To ensure the proper care and treatment of individuals residing within a group 137 home many who need special care or structured living environments for preservation or 138 advancement within a treatment process all such homes and/or operators must be licensed 139 and/or certified by an entity operated by or affiliated with the State of Florida. This includes 140 any group home used for the purpose of housing residents in any stage of alcohol or drug (00191115.1306-9001821) Page 4 of 14 Second .Reading 2evisions Page 358 of 743 141 treatment which must be certified by the Florida Association of Recovery Residences 142 (FARR). If a group home is not certified by FARR, the group home may apples 143 consideration throu4h the City's Reasonable Accommodation process, as set forth in Part I11, 144 Chapter 2, Article 11, Section 4 of the City's Code of Ordinances. 145 (c) 146 147 Section 4. That Chapter 1, General Administration, Article II, Definitions, of the 148 City of Boynton Beach Land Development Regulations is hereby amended as follows: 149 150 Ch 1. GENERAL ADMINISTRATION, ARTICLE II. DEFINITIONS 151 152 ALC-0140L AND DRUG REE A BI A TTlIN CTip\ITE Coo "Gr-ettp Heme Type 4.2 153 154 DWELLING, MULTI-FAMILY - A building, typically referred to as an apartment or 155 condominium, containing three (3) or more dwelling units, all of which share a common 156 vestibule. Resident support services intended to meet the basic physical, emotional, and social 157 needs of the residents such as custodial care or support with activities of daily living (ADL) 158 are prohibited. Licensing or certifications from the Florida Department of Health are not 159 required. 160 GROUP HOME - A facility that provides lodging for individuals in 161 dwelling units or sleeping rooms which, with the possible exceptions of a Type 3 Group 162 Homes, operate primarily on a referral basis from state, county, or local social service 163 agencies and/or self-help programs. These All group homes, unless specifically exempt by 164 Florida Statutes, are licensed by the State of Florida 165 and Rehabilitative Ser-viee- except that drug and alcohol treatment homes (a/k/a recovery 166 residence) shall be certified by the Florida Association of Recovery Residences (FARR) or, if 167 not certified by FARR may apply for consideration through the City's Reasonable 168 Accommodation process as set forth in Part 11I Chapter 2 Article 1I Section 4 of the City's 169 Code of Ordinances. The different types of group homes are distinguished by size and/or the 170 extent of support services provided. t Group Homes offer it addition to lodging;and meals 171 along with either limited or comprehensive resident support services that meet the 172 basic physical emotional, and social needs of the residents; .Such limited services may 173 include fgL±x-,�, counseling, g idanee and vainyinn-rlevels of basic medical care, support 174 with activities of daily living (ADL), and transportation to off-site service providers. Services 175 ptaN44t4 at a Type 1 or Type 2 Group Home are typically provided by a single individual 176 including but not limited to a caretaker/overseer, counselor, house manager, nurse or 177 therapist Such homes operate as the equivalent of a family unit sharing kitchen and living 178 amenities of the home through daily interactions or coordinating responsibilities, and exist 179 compatibly within the surrounding neighborhood. The term "group home" includes but is not 180 limited to nursing home, adult congregate living facilities (ACLF), assisted living facilities 181 (ALF), group care homes, community residential homes, and recovery homes, and reside„+ 182 treatment faei'a:es. The following additional descriptions further define the three different 183 types of group homes define X00191115.1 3J6-9001821) Page 5 of 14 Second !leading _ilevisions Page 359 of 743 184 1. TYPE 1 - A group home of not more than 4x-two (62) residents per bedroom, up to a 185 maximum of ten (10), including a caretaker or overseer, which provides limited support 186 services on-site. The services are as-typically delivered by a single individual including but 187 not limited to a caretaker/overseer, counselor, house manager, nurse or therapist. Such limited 188 services may include-for example-counseling, basic-medical care, assistance with activities of 189 daily living (ADL), and transportation to off-site service providers. Such homes operate as the 190 equivalent of a family unit, with shared kitchen and living amenities of the home, and existed 191 compatibly within the surrounding neighborhood. 192 193 pFevides a liviR ent fef residents whe epefate as a fiinefienal equivalent of a fafnily-, 194 195 .-.ham ieal, effietional, and seeia- needs of the sidents but wh:rahmay of I1Uy 1la net 11 be VV iV ce V11JV 196 by the Florida Tlo,-a ft,- ent of Health and Rehabilit. eve Sefy v�J„o. . 197 198 2. TYPE 2 - A group home or facility with no less than seven (7) of-more than fourteen 199 (14) residents. A Type 2 Group Home provides limited support services on-site, � .- 200 site s ees—ate generally provided by a single individual including but not limited to a 201 caretaker/overseer, counselor, house manager, nurse or therapist. Such limited services may 202 include for example counseling, basic-medical care, assistance with activities of daily living 203 (ADCC and transportation to off-site service providers. Such homes operate as the equivalent 204 of a family unit sharing kitchen and living_ amenities of the home, daily interaction and 205 coordination and existing compatibly within the surrounding neighborhood. This category of 206 group home includes a Community Residential Home as defined and licensed by the State of 207 Florida. wlirn- rrl-icensed +8scrN,C-cli crisT6the eFlorida D cpiriei+ of Health u. - 208UTrrs 209 210 emetienal, and seeial needs of the residents, 211 Depaftffient of Health and Rehabilitative Sef-viees. This definition ineludes all f'ae lities 212 , but whieh may of r-nay not be lieensed by the F-10 213 Depaftment of Health and Rehabilitative Sefviees. 214 215 3. TYPE 3 n heffie er f',eili+.. . ith fifteen ( 5) of fnefe fesidents which is lieensed to 216 serve elients ef the Florida Depaftment of Health and Rehabilitative Sefviees and W-hi 217 , 218 suppeftive stag as may 1 neeessary te et the ,..h. .,1 emetional, and .,eel l needs vF+ho 219 220 may of may not be lieensed by the Fierida Depaftment of Health and RehabiliteAive Servie 221 A group home without a limit on the number of residents and that principally provides shert- 222 tefn+-er long-term lodizing for unrelated persons in individual sleeping rooms or dwelling units 223 with private or shared kitchen and bathing facilities along with other common amenities to 224 meet the medical, social and recreational needs of the residents. These facilities are licensed 225 by an qgeiiey within the Florida Department of Health This category of group homes 226 provides lodging accommodations- and comprehensive on-site personal services 227 representiggs a larger, a more self-sufficient facility than a Type 1 or Type 2 Group Home. 228 Per-senal sefviees fef residents are delivered by a hest of qualified Staff-, Speeiftlists an 229 pFefessionals Within ef outside the f. ilii en a 24 hour-basis. However, such facilities would 1001911151306-90018211 Page 6 of 14 Second Reading Revisions Page 360 of 743 230 not include 24-hour, on-site skilled nursing services, except as allowed in a combination 231 facility as described below. To support the principle of continuum of care, this type 232 accommodates a range of facilities from independent to assisted living facilities, or the 233 combination of such facilities with a nursing home and/or memory care facility as long as the 234 nursing home or memory care represents 40% or less of the total bed count of the facility. The 235 term „group home" includes but is not limited to 236 assisted living facilities (ALF), and excludes facilities that provide short-term 237 accommodations in conjunction with a specific medical or mental health service (see the use 238 category Medical Care or Testing (In-patient)). See the Zoning Matrix and Notes for 239 additional provisions and standards. 240 241 --4 TYPE 4 A haffie—ef fa,.:l ty er--seven (7) of fnefe ndi,,,:duals elassified as 242 participants in inmate release programs; 243 , 244 245 , 246 neeessafy te mee, the Oysieal, emetional, and seeial needs of the residents. This 247 248 , 249 if eees 250 whieh ,v or may of be l;eensed by the Fl,.,.id Department of 14e lth and Rehabilitative 251 Ser-viees. Outpatient mental health and substanee abuse eenter-s are net elassified tindef this 252 air 253 254 HALFWAY HOUSE, See "Group Rome,T-ype4.! 255 256 HOSPITAL - An establishment typically referred to as an institution (excluding 257 ''Group Homes) that provides comprehensive, inpatient and outpatient 258 healthcare, including typical emergency medical, surgical, diagnostic, rehabilitation and 259 treatment services, as well as other specialized services ranging from bariatrics to 260 wound care. This use would also include accessory meeting/conference facilities, limited 261 retail sales, and administrative offices. 262 263 MEDICAL CARE OR TESTING (IN-PATIENT) - A facility, excluding hospitals, which 264 epffi operate 24 hours per day or provides 24-hour healthcare, treatment, and/or examinations 265 from professional medical staff(e.g. skilled nursing services), requiring overnight stays for a 266 short or long period of time, and are based on emergency, planned, or scheduled admittance to 267 facilities with controlled and secured access to ensure appropriate care of patients. Such 268 facilities include but are not limited to: 269 1. Alcohol or chemical dependency treatment centers licensed pursuant to F.S. Chapter 270 397; 271 2. :Mental health treatment facilities licensed pursuant to F.S. Chapter 394; 272 3. Urgent care centers (24-hour); 273 4. Inpatient testing services such as sleep disorder centers; 274 5. Birth centers licensed pursuant to F.S. 383.305; 275 6. Hospice facilities licensed pursuant to F.S. Chapter 400, Part IV; (00191115.1 306-90018211 Page 7 of 14 Second Reading 112evisions Page 361 of 743 276 7. Eating disorder treatment centers; and 277 8. Nursing homes, aPA physical rehabilitation centers, and memory care facilities (i.e. 278 dementia/Alzheimer's care facilities, licensed pursuant to F.S. Chapter 400, 279 280 SUBSTANCE N!"'Tr A BUSEi CENTERCee"G fa ,p 4em 281 282 Section 5. That Chapter 3, Zoning, Article IV, Use Regulations, of the City of 283 Boynton Beach Land Development Regulations are hereby amended as follows: 284 285 CH. 3. ZONING, ART, IV. USE REGliLATIONS, SEC, 3.D. MATRIX AND NOTES 286 287 14. General Note. The subject use is only allowed on a lot that fronts on an arterial or 288 collector street as defined in Part 111, Chapter 1, Article I1 of the LDR under definitions for 289 "Street-Arterial" and "Street-Collector". Except for uses providing Medical Care or Testing 290 (In-patient) shall be limited to lots that front on an arterial roadway. 291 292 40. Group Home . 293 294 a. A4—Group Home Type 1. Njaximum persons per unit, Two (2) persons per 295 bedroom, not to exceed 10 persons including a resident caretaker or overseer. 296 297 b. Group Homes Type 1 and 2. 298 299 (1) Common. Area. At least ten percent (10%) of the total floor area shall be 300 devoted to a common area, exclusive of halls, corridors, stairs, and elevator shafts, 301 wherein a variety or recreational or therapeutic activities may occur. 302 303 (2) Rooms. Residents' rooms or suites shall, in no case, have kitchen facilities 304 available for the preparation of food. 305 306 c 1 307 308 (33)Design. Pursuant to Chapter 4, Article I11, Section 3.G.1, the appearance 309 of a group home shall be residential in character and similar in appearance to the 310 surrounding neighborhood. 311 312 (2) 313 314 (5) Parking. See the Chapter 4 Article V for applicable parking requirements. 315 316 317 318 c Group Home Type 2. 319 {00191115.1306-9001821) Page 8 of 14 Second Reading Revisions Page 362 of 743 320 (-1) Separation. c.,eh use shall be 1,.eated a mininium dist.,nee ..4'efie thousand (1,000) 321 feet 4 othef g p b,eme (reg fdless of type) and six b,. ndr-ed rtinm feet 322 -petty zoned Oar single family d ellings as measured by.direet dist.nee b et"A'een 323 pfepet4y lines, The Pear- 0 e f any existing F. it;t. ..l-..,ll of be expanded in- 324 325 apPlieations to epeFate sueh plie,tie f9 f building pefmits te eyrpand 326 stieh uses shall be aeeampanied by an affidavit eerfr"ing eemplianee . ,—�h this• 327icstrietiSl'r. 328 (1) Two (2) persons per bedroom, not to exceed 14 persons including a resident 329 caretaker or overseer 330 (2) Conditional use approval is not required within a Planning Unit Development 331 (PUD) if approved on the master plan or modified master plan. 332 333 d. Group Home Type 3. 334 335 (1) PUD or Mixed Use Zoning District. Conditional use approval is not required 336 within a planned development zoning district (i.e. PUD or MU Zoning District) if 337 approved on the master plan or modified master plan. 338 (2) MU-L2 and MU-L3. Projects is require a minimum of 60% of the dwelling units 339 to be for independent living with full kitchen and bath facilities_, and not require 340 licensing by the State of Florida Department of Health. 341 342 Section 6. That Chapter 3, Zoning, Article IV, Use Regulations, of the City of 343 Boynton Beach Land Development Regulations are hereby amended as follows: 344 345 LDR Chapter 3, Art. IV. Sect. 3.1) -Use Matrix (Table 3-28). 346 Proposed Amendments—Group Homes— See Exhibit"A" Attached hereto 347 348 Section 7. That Chapter 4, Site Development Standards, Article V, Minimum Off- 349 Street Parking Requirements of the City of Boynton Beach Land Development Regulations 350 are hereby amended as follows: 351 352 CH. 4. SITE DEVELOPMENT STANDARDS 353 Article V. MINIMUM OFF-STREET PARKING REQUIREMENTS 354 Sec. 1. General 355 A. Purpose and Intent. The purpose of this article is to provide accessible, attractive, 356 secure, property lighted, well-maintained, and screened off-street parking facilities for the 357 citizens and visitors of the City. It is the intent of these Regulations to ensure the provision of 358 off-street parking in proportion to the typical and daily demand created by various businesses 359 located downtown and in the suburban areas. It is also the emphasis of this article to promote 360 efficient use of land and redevelopment through promotion of cross-parking and 361 interconnectivity, shared parking and necessary reductions to consider alternative parking 362 resources and redevelopment initiatives. 363 B. Administration. The Director of Planning and Zoning or designee shall have the 364 authority to interpret and administer this article. (0018,:15.,306_900,821) Page 9 of 14 Second Reading Revisions Page 363 of 743 365 C. Applicability. The provisions of this article shall be considered the minimum standards 366 and except where specifically stated otherwise herein, are applicable to all new construction 367 projects or modifications to existing sites. 368 D. Terms and Definitions. See Chapter 1, Article Il for all applicable terms and definitions 369 which pertain to the regulations and standards contained herein. 370 E. Conflict. Whenever the regulations and requirements of this Code are at conflict with 371 any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most 372 restrictive shall apply, unless otherwise stated herein. 373 F. Relief from Standards. Unless described otherwise, any deviation from the parking 374 standards contained herein shall require approval of a variance application, which is subject to 375 review and approval by the City Commission. A request for a variance shall be reviewed in 376 accordance with Chapter 2, Article 11, Section 4. D. 377 378 Sec. 2, Standards, 379 A. General. 380 1. Rules and Methodology. 381 ....... 382 383 2. Minimum Number of Required Off-Street Spaces for Non-Residential Uses. No fewer 384 than four (4)parking spaces shall be provided for any non-residential use. 385 3. Location of Off-Street Parking Areas. 386 a. Residential. Required parking spaces for all dwellings shall be located on the same 387 lot as the dwelling to be served. 388 b. Non-residential. Required parking spaces for all non-residential uses shall be owned 389 by the owner of the building or lot to be served, and shall be located on the same lot, or not 390 more than three hundred (300) feet distance, unless the property is located within those areas 391 defined within the adaptive re-use section of the Code (Chapter 4, Article 5, Section 4). In 392 those areas, required parking spaces may be leased within three hundred (300) feet of the use 393 in which they serve, subject to Board and City Commission approval, and the property shall 394 be posted with signage indicating to patrons the location of the leased parking. 395 396 4. Driveways and other impervious surfaces within front or side yards of single- and two- 397 family dwelling units. 398 a. Applicability. The requirements of this section are applicable to new construction 399 projects modifications that increase air-conditioned living space and/or number of 400 bedrooms, and requests for a Certificate of Use. 401 b. Driveways shall be constructed of concrete asphalt, or other hard surface as approved 402 by the City Engineer. Where possible design and construction should maximize the 403 albedo and minimize the heat island effect of such improvements. Also where 404 possible tandem parking design is encouraged to minimize impervious surface area 405 and maximize the environmental design of the prosect. 406 c. Such surfaces shall not exceed 40% of the minimum front yard area. 407 B. Table 4-17. Residential and Lodging Uses. 408 (00191115.1 305-9001621) Page 10 of 14 Second Reading Revisions Page 364 of 743 Residential and Lodging Uses Standard Number of Required Parking Spaces Building area size is based upon gross floor area(in square feet)unless specifically expressed otherwise. Single-family,duplex dwelling,or mobile home: .2x',z Efficiency or one(1)-bedroom apartment: 1.51,2,3 Within mixed use high district: 1.333 Two(2)or more bedroom apartment: 21,2,3 Within mixed use high district: 1.66+;2,1 Dormitories: 1 per unit Hotel&motel suite: 1.25 per unit- Within mixed use high district: 1 per unit Group home(types 1, wand 2): 1per 3 beds22 22 Group home(type 3) 1 per 3 beds Bed&breakfast: 1-3-2-4 Live/work unit: 1 per 2 units-' 410 411 1. A minimum of two (2) spaces are required per unit, or 1 space per bedroom, 412 whichever is greatest. Except that dwellings with 5 or more bedrooms are required 1.5 413 spaces per bedroom. 414 2. Residential driveways s#.1 can be used to satisfy, or partiall say tisfy the parking 415 space requirements for single-family detached dwelling units, duplexes, and multi- 416 family dwelling units containing garages, provided such driveways are of sufficient 417 size to meet the parking space requirements of this subsection. A residential driveway 418 of sufficient size shall be provided prior to the issuance of a certificate of 419 occupancy. If garages are used towards meeting_minimum parking requirements, said 420 garages shall remain open and available for vehicle parking consistent with the design 421 represented at time of approval. For all required parking spaces not located within an 422 enclosed garage, the first parking space shall be the minimum size required for a 423 handicap space, exclusive of public or private rights-of-way, and all other required 424 spaces must be dimensioned in accordance with current city standards. All driveways 425 shall be setback at least two (2) feet from interior side and corner side property lines, 426 and maintained and drained so as to prevent nuisance conditions or a danger to the 427 public and/or adjacent property owners. Any expansion to an existing driveway shall 428 require a zoning permit from the Planning and Zoning Division in accordance with the 429 procedures specified in Chapter 2, Article 11, Section 5.B.; however, any driveway 430 expansion (or similar impervious surface) that is equal to or greater than eight hundred 431 (800) square feet shall require the approval of a land development permit in 432 accordance with Chapter 2, Article LII, Section 3. Any work, such as a driveway, 433 proposed within the Swale (right-of-way) shall require a permit from the Engineering 434 Division in accordance with the procedures specified in Chapter 2, Article III, Section 435 4. (00191115.1306-900,82,) Page 11 of 14 Second lReading Revisions Page 365 of 743 436 -23. Guest parking shall be provided at a rate of 0.15 spaces per unit for residential 437 developments consisting of three (3) or more dwelling units. 438 -34 Required parking shall be calculated on the basis of one (1) space per each employee, 439 manager, or owner and one (1) parking space for each guest unit. Newly created 440 parking may be located only in the rear and side yard. 441 4-5 In addition to the required parking for the residential unit, the city requires that one 442 (1) parking space per two (2) live/work units be provided to meet business activity 443 needs. Parking provided to meet this requirement shall be located on the lot, built into 444 or under the structure, or within three hundred (300) feet of the unit in which the use is 445 located. The distance shall be a straight line measurement from a point on the 446 boundary line of the property of the subject unit to the closest boundary line of the 447 property on which the parking is located. Parking provided to accommodate said 448 space, including driveways of adequate depth in front of the unit's garage, shall not 449 serve as meeting required parking for the unit's residential use. 450 -�56 Hotel/motel uses open to the general public, such as a restaurant or lounge, shall 451 provide parking at a rate of fifty percent(50%) of the requirement of a standalone operation.. 452 Section 8. That Chapter 1, General Administration, Article VIII, Appeals, of the City 453 of Boynton Beach Land Development Regulations is hereby amended as follows: 454 D. Assignment of Appeals. The City Commission or the Building Board of 455 Adjustment and Appeals shall review all appeals. The assignment of each is as follows: 456 457 1. City Commission. The City Commission shall hear and decide all appeals 458 regarding the administration, interpretation, or enforcement of any standard, provision, or 459 regulation contained in the land development regulations, except for that which is identified i-ft 460 subpafagFap below. 461 462 2. Building Board of Adjustment and Appeals. The owner of a building, 463 structure, or service system, or duly authorized agent may appeal a decision of the Building 464 Official in his/her enforcement or administration of Chapter 4, Article IX, Building, 465 Construction and Historic Preservation Requirements; Chapter 4, Article X, Flood Prevention 466 Requirements; or whenever anyone (1) of the following conditions are claimed to exist: 467 468 . . . . 469 e. An application made by the owner or tenant of a property which operates as 470 a groom home is denied. The Building Board of Adjustment and Appeals shall convene 471 within thirty (30) calendar days of the date that a written appeal is filed with the City. 472 If the Building Board of Adjustment and Appeals is unable to convene within 30 days, 473 the appeal may be heard by the City's Magistrate and the matter will be added to the 474 agenda of the next available Code Enforcement Hearing date. 475 Section 9. Each and every other provision of the Code of Ordinances and Land 476 Development Regulations of the City of Boynton Beach not herein specifically amended shall 477 remain in full force and effect as previously enacted. Page 12 of 14 Second -Reading Revisions Page 366 of 743 478 Section 10. All ordinances or parts of ordinances in conflict herewith be and the 479 same are hereby repealed. 480 Section 11. Should any section or provision of this ordinance or portion hereof, any 481 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 482 such decision shall not affect the remainder of this ordinance. 483 Section 12. Authority is hereby granted to codify this ordinance. 484 Section 13. This ordinance shall become effective immediately upon passage. X00191115.1306-9001821} Page 13 of 14 second Reading Revisions, Page 367 of 743 485 FIRST READING this day of 2017. 486 487 SECOND, FINAL READING AND PASSAGE this day of 488 , 2017. 489 490 CITY OF BOYNTON BEACH, FLORIDA 491 YES NO 492 493 Mayor—Steven B. Grant 494 495 Vice Mayor—Justin Katz 496 497 Commissioner—Mack McCray 498 499 Commissioner—Christina L. Romelus 500 501 Commissioner—Joe Casello 502 - 503 504 VOTE 505 ATTEST: 506 507 508 509 Judith A. Pyle, CMC 510 City Clerk 511 512 513 514 (Corporate Seal) 515 {00191115.1306-900182,} Page 14 of 14 Second Reading 1Zevisions Page 368 of 743 A Q I d N N a 7 b m a-nw HUN M M Zn-nw m al x a 0. m VI-nw M m nws M W m 0.m Ply P. 0. QgD h-3 Z a a G o U L M 00 00 t�i00 M a0 M Z-3 o a m U dHw and lanai £2I 00 N M .o F � M v v Y CA CL 3 vv-I-ld m M v M O U a w d I ul C _ y N E fiElw c a E V CL o m .5� .5 � .K .58 a❑ � ¢a � a o °� O aUQ °`1 ma 3 rpc� aUd Q LO O.. Page 369 of 743 0 N d M O N tin r r N N� N 7 � M P. 0.. N V C Pr P. V M 0. 0. N a a a a a M a a U a. a �M 6, ern v M a 7 M 0. T 4 M a � x 3 � a � H Page 370 of 743 1 2 ORDINANCE NO. 17- 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 6 AMENDING THE CODE OF ORDINANCES, CHAPTER 13, LICENSING, 7 AND THE LAND DEVELOPMENT REGULATIONS, CHAPTER 1, 8 ARTICLE II, DEFINITIONS; CHAPTER 3, ARTICLE IV USE 9 REGULATIONS; AND CHAPTER 4, ARTICLE V. MINIMUM OFF- 10 STREET PARKING REQUIREMENTS. PROVIDING NECESSARY 11 UPDATES; NEW STANDARDS AND JUSTIFICATIONS FOR THE 12 ACCOMMODATION AND REGULATION OF GROUP HOMES; AND 13 PARKING REQUIREMENTS FOR SINGLE- AND TWO-FAMILY 14 DWELLING UNITS. PROVIDING FOR EXCEPTIONS; PROVIDING 15 FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN 16 EFFECTIVE DATE. 17 18 WHEREAS, there is a perception that there is a proliferation of unlicensed group 19 homes in Palm Beach County and within the City of Boynton Beach. That perception requires 20 the City Commission to examine the need for balance between citizens who desire or need 21 group housing and citizens who believe there should be greater regulation; and 22 WHEREAS, On November 10, 2016, the United States Departments of Justice and 23 Housing and Urban Development released the Updated Fair Housing Act Guidance on State 24 and Local Land Use Laws related to group housing; and 25 WHEREAS, in order to allow time to establish proper regulations to protect group 26 home residents while also exercising its lawful right to regulate zoning, on January 17, 2017, 27 the City approved Ordinance No. 16-025, thereby commencing a temporary moratorium on 28 the processing of applications for group homes to undertake the review and revision of the 29 zoning and use regulations as they relate to group housing within the City of Boynton Beach 30 to find the proper means of protecting the legal rights of group home occupants while 31 preserving the integrity of the City' s zoning plan; and, 32 WHEREAS, during the time of the moratorium, the City conducted a study of the 33 City's Code of Ordinances including zoning regulations, parking regulations, community 34 standards, and business tax processes; applicable federal rules, regulations, and reports on the 35 regulating of group and treatment homes; state laws and pending laws; reports or publications 36 on recognized recovery housing and the role and importance of communal living in the {00191115.1306-9001821} Page 1 of 14 Second Reading Revisions Page 371 of 743 37 treatment process; including interviewing a representative from the Florida Association of 38 Recovery Residences; and 39 WHEREAS, The City adopted Ordinance 10-025, passed 12-7-10; Amended 40 Ordinance 11-002, passed 3-1-11; and Amended Ordinance 13-033, §3, passed 12-3-13, to 41 implement a procedure for processing requests for reasonable accommodation to the City's 42 Code of Ordinances, Land Development Regulations, rules, policies, and procedures for 43 persons with disabilities as provided by the federal Fair Housing Amendments Act (42 U.S.C. 44 3601. et. seq.) and/or Tide 11 of the Americans with Disabilities Amendments Act (42 U.S.C. 45 Section 12131, et. seq.) ("ADA"). 46 WHEREAS, the City's reasonable accommodation process has remained viable 47 during the moratorium period to consider and avoid the denial of housing or related services 48 to a disabled individual; and 49 WHEREAS, the Palm Beach Grand Jury in the Circuit Court of the 15th Judicial 50 Circuit's Report on the Proliferation of Fraud and Abuse in Florida's Addiction Treatment 51 industry (Dec. 8, 2016)reported 484 overdose deaths in Delray Beach in 2016, up from 195 in 52 2015; and 53 WHEREAS, the statistics on addiction and overdose for the City of Delray Beach and 54 Palm Beach County are an indication of the possible future of Boynton Beach, without proper 55 services for treatment and regulated housing accommodations; and 56 WHEREAS, The Palm Beach Grand Jury's Report recommended certification and 57 licensure for"commercial recovery housing"; and 58 WHEREAS, The Grand Jury received evidence from a number of sources that 59 recovery residences operating under nationally recognized standards, such as those created by 60 the National Alliance for Recovery Residences (NARR), are proven to be highly beneficial to 61 recovery; and 62 WHEREAS, the State of Florida relies upon the Florida Association of Recovery 63 Residences (FARR) for review, certification and oversight of recovery houses and operators 64 as part of the State's restriction on recovery residence referrals; and 65 WHEREAS, The courts have regularly found a legitimate purpose in zoning 66 regulations intended to achieve a homogenous, traditional single-family neighborhood, with 67 low noise, fewer people, and restrictions on vehicles; and {00191115.1306-9001821} Page 2 of 14 Second Reading Revisions Page 372 of 743 68 WHEREAS, the City has experienced and observed a rapidly increasing rate of opioid 69 addiction, deaths, and emergency demands in the local area; and 70 WHEREAS, Boynton Beach Fire Rescue activity reports indicate that heroin and 71 opioid overdose calls totaled 250 in the first 5 months of 2017, resulting in 10 deaths and 72 requiring use of over $10,000 in Narcan for treatment; and 73 WHEREAS, Palm Beach County has experienced an increase in fatal opioid cases by 74 314%between 2012 and 2016; and 75 WHEREAS, the State of Florida has recognized a trend in criminal activity, such as 76 insurance fraud and resident neglect, related to the management of group homes, and as a 77 result, the State continues to adopt regulations and rules with an emphasis on penalties for 78 such activity; and 79 WHEREAS, the City of Boynton Beach seeks to establish regulations which protect 80 the group home residents from criminal activity, such as insurance fraud and resident neglect, 81 related to the management of group homes; and 82 WHEREAS, the Fair Housing Act prohibits local land use and zoning laws, policies, 83 and practices that discriminate based on a characteristic protected under the Act, including 84 individuals being treated for addictions to alcohol and being treated for substance abuse; and 85 WHEREAS, in Olmstead v. L.C., the Supreme Court ruled that the Americans with 86 Disabilities Act (ADA) prohibits the unjustified segregation of persons with disabilities in 87 institutional settings where necessary services could reasonably be provided in integrated, 88 community-based settings. An integrated setting is one that enables individuals with 89 disabilities to live and interact with individuals without disabilities to the fullest extent 90 possible; and 91 WHEREAS, as a result of the City's research, it is necessary to modify the existing 92 ordinance to: (a) preserve access to homogenous, traditional single-family neighborhoods, 93 with low noise, fewer people, and restrictions on vehicles; (b) establish regulations which 94 protect the residents of group homes from criminal activity, such as insurance fraud and 95 resident neglect, related to the management of group homes; and (c)update the City's existing 96 regulations to incorporate recent changes in law and the findings of the Grand Jury; and {00191115.1306-9001821} Page 3 of 14 Second Reading Revisions Page 373 of 743 97 WHEREAS,the City Commission deems it appropriate and in the best interests of the 98 health, safety and welfare of the citizens and residents of the City of Boynton Beach to amend 99 the City Code and Land Development Regulations as specified herein. 100 101 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 102 THE CITY OF BOYNTON BEACH, THAT: 103 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 104 herein by this reference. 105 106 Section 2. That Chapter 13, of the City of Boynton Beach Code of Ordinances is 107 hereby amended as follows: 108 109 110 ARTICLE I. BUSINESS TAX RECEIPTS AND CERTIFICATE OF USE AND 111 OCCUPANCY 112 Sec. 13-4 CLASSIFICATION AND FEE SCHEDULE. 113 Notes: 114 * Businesses that are Rrequire-sd a license and/or certification from a state or other agency. 115 This includes but may not be limited to one or more of the following: 116 Department of Business and Professional Regulation and the Division of Hotels & 117 Restaurants Depai4ment ef Btisiness RegdWien, Department of Agriculture & Consumer 118 Services, Department of Highway Safety & Motor Vehicles, Florida Bar Association, Florida 119 Department of Financial Services Depai4ment ef Banking & Finanee, Florida Agency for 120 Health Care Administration, Florida Office of Financial Regulation, Palm Beach County 121 Contractors Certification Division, Palm Beach County Health Department, and the 122 Department of Health. Housing limited to, or intended for persons in any stage of alcohol and 123 drug treatment may be certified by the Florida Association of Recovery Residences 124 (FARR), a like entity as designated by the State of Florida for monitoring and oversight 125 purposes; or may apply for consideration through the City's Reasonable Accommodation 126 process, as set forth in Part HI, Chapter 2, Article II, Section 4 of the City's Code of 127 Ordinances. 128 129 "NEC" -Not Elsewhere Classified 130 131 Sec. 13-30 GROUP HOMES 132 133 Sec. 13-30. Group Homes, Certification Requirements and Grace Period 134 (a) For applicable terms and definitions see the Land Development Regulations 135 Chapter 1. Article H. Definitions. 136 (b) To ensure the proper care and treatment of individuals residing within a ,group 137 home, many who need special care or structured living environments for preservation or 138 advancement within a treatment process, all such homes and/or operators must be licensed 139 and/or certified by an entity operated by or affiliated with the State of Florida.This includes 140 any group home used for the purpose of housing residents in any stage of alcohol or drug {00191115.1 306-9001821} Page 4 of 14 Second Reading Revisions Page 374 of 743 141 treatment which must be certified by the Florida Association of Recovery Residences 142 (FARR). If a group home is not certified by FARR, the group home may pply for 143 consideration through the City's Reasonable Accommodation process, as set forth in Part III, 144 Chapter 2, Article 11, Section 4 of the City's Code of Ordinances. 145 (c) 146 147 Section 4. That Chapter 1, General Administration, Article 11, Definitions, of the 148 City of Boynton Beach Land Development Regulations are hereby amended as follows: 149 150 Ch 1. GENERAL ADMINISTRATION, ARTICLE 11. DEFINITIONS 151 152 ." 153 154 DWELLING, MULTI-FAMILY - A building, typically referred to as an apartment or 155 condominium, containing three (3) or more dwelling units, all of which share a common 156 vestibule. Resident support services intended to meet the basic physical, emotional, and social 157 needs of the residents such as custodial care or support with activities of daily living (ADL) 158 are prohibited.Licensing or certifications from the Florida Department of Health are not 159 required. 160 GROUP HOME - A facility that provides lodging for three (3) or r-e individuals in 161 dwelling units or sleeping rooms which, with the possible exceptions of a Type 3 Group 162 Homes, operate primarily on a referral basis from state, county, or local social service 163 agencies and/or self-help programs. These All group homes, unless specifically exempt by 164 Florida Statutes, are licensed by an agenft-T±ithia the State of Florida r epai4fne t of Health 165and Rehab ilit-gti�,,e-Sef-,4ee�, except that drug and alcohol treatment homes (a/k/a recovery 166 residence) shall be certified by the Florida Association of Recovery Residences (FARR) or, if 167 not certified by FARR, may apply for consideration through the City's Reasonable 168 Accommodation process, as set forth in Part III, Chapter 2, Article 11, Section 4 of the City's 169 Code of Ordinances. The different types of,group homes are distinguished by size and/or the 170 extent of support services provided. Group Homes offer i addition to lodging; and meals 171 along with either limited or comprehensive resident support services that meet the 172 basic physical, emotional, and social needs of the residents ; .Such limited services may 173 include counseling basic medical care, support 174 with activities of daily living(ADL), and transportation to off-site service providers. Services 175 � at a Type 1 or Type 2 Group Home are typically provided by a single individual 176 including, but not limited to, a caretaker/overseer, counselor, house manager, nurse or 177 therapist. Such homes operate as the equivalent of a family unit sharing kitchen and living 178 amenities of the home, through daily interactions or coordinating responsibilities, and exist 179 compatibly within the surrounding neighborhood. The term "group home" includes but is not 180 limited to sing i,afnes, adult congregate living facilities (ACLF), assisted living facilities 181 (ALF), group care homes, community residential homes, and recovery homes, an esidef 182 *reatfne t f4eil ties. The following additional descriptions further define the three different 183 types of group homesdeffne {00191115.1306-9001821} Page 5 of 14 Second Reading Revisions Page 375 of 743 184 1. TYPE 1 - A group home of not more than two (62) residents per bedroom, up to a 185 maximum of ten (10), including a caretaker or overseer, which provides limited support 186 services on-site. The services are gLtypically delivered by a single individual including but 187 not limited to a caretaker/overseer, counselor, house manager, nurse or therapist. Such 188 services may include-for example-counseling, basic-medical care, assistance with activities of 189 daily living(ADL), and transportation to off-site service providers. Such homes operate as the 190 equivalent of a family unit, with shared kitchen and living amenities of the home, and existed 191 compatibly within the surrounding neighborhood. whieh is lieensed by an ageney within 192 _ 193 , 194 195 196 by the Fieri. r epai4fne„t of Health and Rehabilitative SeFvi .o� 197 198 2. TYPE 2 - A group home or facility with no less than seven O of-more than fourteen 199 (14) residents. A Type 2 Group Home provides limited support services on-site, and stilt, a 200 se. ---areeg nerally provided by a single individual including but not limited to a 201 caretaker/overseer, counselor, house manager, nurse or therapist. Such limited services may 202 include for example counseling, basic-medical care, assistance with activities of daily living 203 (ADL), and transportation to off-site service providers. Such homes operate as the equivalent 204 of a family unit, sharing kitchen and living amenities of the home, daily interaction and 205 coordination, and existing compatibly within the surrounding neighborhood. This category of 206 group home includes a Community Residential Home as defined and licensed by the State of 1, l is of the Fla-id D i4f � f Health .� 207 Florida. w�Ehh�zieen�e�te�e�c4ien ep-�ren�=� 208 209 , 210 211 Depai4fneat of Health and Rehabilitative SeFviees. This definition ineitides all f4eilities 212 213 r epai4fne„t of Health and Rehabilitative SeFvi es 214 215 3. TYPE 3 n i,afneor- f.,eility with fifteen ( 5) or- fnar-e residents whieh is liee se 216 217 , 218 219 r-eside.4-its. T-�-iqs definition ineludes all f4eilities operating for- stieh pur-pose or-intent, btitwhieh 220 . 221 A group home without a limit on the number of residents, and that principally_provides �kert- 222 teFw,-&r-long-term lodging for unrelated persons in individual sleeping rooms or dwelling units 223 with private or shared kitchen and bathing facilities along with other common amenities to 224 meet the medical, social and recreational needs of the residents. These facilities are licensed 225 by an .,,ithi, the Florida Department of Health. This category of group homes 226 provides lodging accommodations- and comprehensive, on-site personal services 227 represents a larger, -a more self-sufficient facility than a Type 1 or Type 2 Group Home. 228 Per-senal -sefyiees fe r-esidents are deliver-edeliver-ed by a i 229 . However, such facilities would {00191115.1306-9001821} Page 6 of 14 Second Reading Revisions Page 376 of 743 230 not include 24-hour, on-site, skilled nursing services, except as allowed in a combination 231 facility as described below. To support the principle of continuum of care, this type 232 accommodates a range of facilities from independent to assisted living facilities, or the 233 combination of such facilities with a nursing home and/or memory care facility as long as the 234 nursing home or memory care represents 40% or less of the total bed count of the facility. The 235 term "group home" includes but is not limited to adult eeii.ate liv aii. f eil ties (A 236 assisted living facilities (ALF), and excludes facilities that provide short-term 237 accommodations in conjunction with a specific medical or mental health service (see the use 238 category Medical Care or Testing (In-patient)). See the Zoning Matrix and Notes for 239 additional provisions and standards. 240 �7 241 4. TVDT A A t,Ofne 6r€4eility for- /'7�nvrc indi " elas ifie'��r-ccs 242 ; r-eeaver-y hafnes and mental health or- substanee abuse 243 ; 244 245 246 247 establishment may provide eatinseling and infafmation regarding a wide range of fnefital 248 , 249 if neeessafy. This definition ineludes all faeiliti for- stieh PuFff se or- intent, but, 250 251 SeFviees. 0 atal health and substanee abuse eeater-s are not elassified under- this 252 damn. 253 254 ." 255 256 HOSPITAL - An establishment typically referred to as an institution (excluding 257 ''Group Homes, Type-".) that provides comprehensive, inpatient and outpatient 258 healthcare, including typical emergency medical, surgical, diagnostic, rehabilitation and 259 treatment services, as well as other specialized services ranging from bariatrics to 260 wound care. This use would also include accessory meeting/conference facilities, limited 261 retail sales, and administrative offices. 262 263 MEDICAL CARE OR TESTING (IN-PATIENT) - A facility, excluding hospitals, which 264 epee operate 24 hours per day or provides 24-hour healthcare, treatment, and/or examinations 265 from professional medical staff(e.g. skilled nursing services), requiring overnight stays for a 266 short or long period of time, and are based on emergency, planned, or scheduled admittance to 267 facilities with controlled and secured access to ensure appropriate care of patients. Such 268 facilities include but are not limited to: 269 1. Alcohol or chemical dependency treatment centers licensed pursuant to F.S. Chapter 270 397; 271 2. Mental health treatment facilities licensed pursuant to F.S. Chapter 394; 272 3. Urgent care centers (24-hour); 273 4. Inpatient testing services such as sleep disorder centers; 274 5. Birth centers licensed pursuant to F.S. 383.305; 275 6. Hospice facilities licensed pursuant to F.S. Chapter 400, Part IV; {00191115.1 306-9001821} Page 7 of 14 Second. .Reading Revisions Page 377 of 743 276 7. Eating disorder treatment centers; and 277 8. Nursing homes, physical rehabilitation centers, and memory care facilities (i.e. 278 dementia/Alzheimer's care facilities, licensed pursuant to F.S. Chapter 400. 279 280 " 281 282 Section 5. That Chapter 3, Zoning, Article IV, Use Regulations, of the City of 283 Boynton Beach Land Development Regulations are hereby amended as follows: 284 285 CH. 3. ZONING, ART. IV. USE REGULATIONS, SEC. 3.D. MATRIX AND NOTES 286 287 14. General Note. The subject use is only allowed on a lot that fronts on an arterial or 288 collector street as defined in Part III, Chapter 1, Article II of the LDR under definitions for 289 "Street-Arterial" and "Street-Collector". Except for uses providing Medical Care or Testing 290 (In-patient) shall be limited to lots that front on an arterial roadway. 291 292 40. Group Home 293 294 a. Group Home Typel . Maximum persons per unit. Two (2) persons per 295 bedroom, not to exceed 10 persons including a resident caretaker or overseer. 296 297 b. Group Homes Type 1 and 2. 298 299 (1) Common. Area. At least ten percent (10%) of the total floor area shall be 300 devoted to a common area, exclusive of halls, corridors, stairs, and elevator shafts, 301 wherein a variety or recreational or therapeutic activities may occur. 302 303 (2) Rooms. Residents' rooms or suites shall, in no case, have kitchen facilities 304 available for the preparation of food. 305 306 e. Type 4- 307 308 04 LILDesign. Pursuant to Chapter 4, Article III, Section 3.G.1, the appearance 309 of a group home shall be residential in character and similar in appearance to the 310 surrounding neighborhood. 311 312 (-2) 313 314 (5) Parking. See the Chapter 4, Article V for applicable parking requirements. 315 316 e. Types 317 318 c Group Home Type 2. 319 {00191115.1306-9001821} Page 8 of 14 Second Reading Revisions Page 378 of 743 320 , 321 feet f,,m another- n p tame (regardless of type) .,n r t,,,n -e (tinn) feet „� 322 pr-apei4y zoned for- single family dwellings, as meastir-ed by dir-eet distanee be:�Weefl 323 prapei4., lifies The floor- area of any ems6fig f4eility shall fiat 324 325 326 stieh uses shall be aeeampanied by an affidavit eet4i .1 ­—F—aflee with this- 327 0fi. 328 (1) Two (2) persons per bedroom, not to exceed 14 persons including a resident 329 caretaker or overseer 330 (2) Conditional use approval is not required within a Planning Unit Development 331 (PUD)if approved on the master plan or modified master plan. 332 333 d. Group Home Type 3. 334 335 (1) PUD or Mixed Use Zoning District. Conditional use approval is not required 336 within a planned development zoning district (i.e. PUD or MU Zoning District) if 337 approved on the master plan or modified master plan. 338 (2) MU-L2 and MU-L3. Projects require a minimum of 60% of the dwelling units 339 to be for independent living with full kitchen and bath facilities, and not require 340 licensing by the State of Florida Department of Health. 341 342 Section 6. That Chapter 3, Zoning, Article IV, Use Regulations, of the City of 343 Boynton Beach Land Development Regulations are hereby amended as follows: 344 345 LDR Chapter 3, Art. IV. Sect. 3.13 -Use Matrix (Table 3-28). 346 Proposed Amendments— Group Homes— See Exhibit"A" Attached hereto 347 348 Section 7. That Chapter 4, Site Development Standards, Article V, Minimum Off- 349 Street Parking Requirements of the City of Boynton Beach Land Development Regulations 350 are hereby amended as follows: 351 352 CH. 4. SITE DEVELOPMENT STANDARDS 353 Article V. MINIMUM OFF-STREET PARKING REQUIREMENTS 354 Sec. 1. General. 355 A. Purpose and Intent. The purpose of this article is to provide accessible, attractive, 356 secure, properly lighted, well-maintained, and screened off-street parking facilities for the 357 citizens and visitors of the City. It is the intent of these Regulations to ensure the provision of 358 off-street parking in proportion to the typical and daily demand created by various businesses 359 located downtown and in the suburban areas. It is also the emphasis of this article to promote 360 efficient use of land and redevelopment through promotion of cross-parking and 361 interconnectivity, shared parking and necessary reductions to consider alternative parking 362 resources and redevelopment initiatives. 363 B. Administration. The Director of Planning and Zoning or designee shall have the 364 authority to interpret and administer this article. {00191115.1306-9001821} Page 9 of 14 Second Reading Revisions Page 379 of 743 365 C. Applicability. The provisions of this article shall be considered the minimum standards 366 and except where specifically stated otherwise herein, are applicable to all new construction 367 projects or modifications to existing sites. 368 D. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions 369 which pertain to the regulations and standards contained herein. 370 E. Conflict. Whenever the regulations and requirements of this Code are at conflict with 371 any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most 372 restrictive shall apply, unless otherwise stated herein. 373 F. Relief from Standards. Unless described otherwise, any deviation from the parking 374 standards contained herein shall require approval of a variance application, which is subject to 375 review and approval by the City Commission. A request for a variance shall be reviewed in 376 accordance with Chapter 2, Article II, Section 4.D. 377 378 Sec. 2. Standards. 379 A. General. 380 1. Rules and Methodology. 381 ....... 382 383 2. Minimum Number of Required Off-Street Spaces for Non-Residential Uses. No fewer 384 than four(4)parking spaces shall be provided for any non-residential use. 385 3. Location of Off-Street Parking Areas. 386 a. Residential. Required parking spaces for all dwellings shall be located on the same 387 lot as the dwelling to be served. 388 b. Non-residential. Required parking spaces for all non-residential uses shall be owned 389 by the owner of the building or lot to be served, and shall be located on the same lot, or not 390 more than three hundred (300) feet distance, unless the property is located within those areas 391 defined within the adaptive re-use section of the Code (Chapter 4, Article 5, Section 4). In 392 those areas, required parking spaces may be leased within three hundred (300) feet of the use 393 in which they serve, subject to Board and City Commission approval, and the property shall 394 be posted with signage indicating to patrons the location of the leased parking. 395 396 4. Driveways and other impervious surfaces within front or side yards of single- and two- 397 family dwelling units. 398 a. Applicability. The requirements of this section are applicable to new construction 399 projects, modifications that increase air-conditioned living space and/or number of 400 bedrooms, and requests for a Certificate of Use. 401 b. Driveways shall be constructed of concrete, asphalt, or other hard surface as approved 402 by the City Engineer. Where possible, design and construction should maximize the 403 albedo and minimize the heat island effect of such improvements. Also where 404 possible, tandem parking design is encouraged to minimize impervious surface area 405 and maximize the environmental design of the project. 406 c. Such surfaces shall not exceed 40% of the minimum front yard area. 407 B. Table 4-17. Residential and Lodging Uses. 408 {00191115.1306-9001821} Page 10 of 14 Second Reading Revisions Page 380 of 743 Residential and Lodging Uses Standard Number of Required Parking Spaces Building area size is based upon gross floor area(in square feet)unless specifically expressed otherwise. Single-family,duplex dwelling,or mobile home: ixl,z Efficiency or one(1)-bedroom apartment: 1.51,2,3 Within mixed use high district: 1.3323 Two(2)or more bedroom apartment: 21,2,3 Within mixed use high district: 1.66},2,3 Dormitories: 1 per unit Hotel&motel suite: 1.25 per unie6 Within mixed use high district: 1 per unit Group home (types 1, wand 2): 1 per 3 b 21-2 Group home (type 3) 1 per 3 beds Bed&breakfast: 1-�z44 Live/work unit: 1 per 2 units45 410 411 1. A minimum of two (2) spaces are required per unit, or 1 space per bedroom, 412 whichever is greatest. Except that dwellings with 5 or more bedrooms are required 1.5 413 spaces per bedroom. 414 2. Residential driveways can be used to satisfy, or partially satisfX the parking 415 space requirements for single-family detached dwelling units, duplexes, and multi- 416 family dwelling units containing garages, provided such driveways are of sufficient 417 size to meet the parking space requirements of this subsection. A residential driveway 418 of sufficient size shall be provided prior to the issuance of a certificate of 419 occupancy. If garages are used towards meeting minimum parking requirements, said 420 garages shall remain open and available for vehicle parking consistent with the design 421 represented at time of approval. For all required parking spaces not located within an 422 enclosed garage, the first parking space shall be the minimum size required for a 423 handicap space, exclusive of public or private rights-of-way, and all other required 424 spaces must be dimensioned in accordance with current city standards. All driveways 425 shall be setback at least two (2)feet from interior side and corner side property lines, 426 and maintained and drained so as to prevent nuisance conditions or a danger to the 427 public and/or adjacent property owners. Any expansion to an existing driveway shall 428 require a zoning permit from the Planning and Zoning Division in accordance with the 429 procedures specified in Chapter 2, Article 11, Section 5.B.; however, any driveway 430 expansion (or similar impervious surface)that is equal to or greater than eight hundred 431 (800) square feet shall require the approval of a land development permit in 432 accordance with Chapter 2, Article III, Section 3. Any work, such as a driveway, 433 proposed within the swale (right-of-way) shall require a permit from the Engineering 434 Division in accordance with the procedures specified in Chapter 2, Article III, Section 435 4. {00191115.1306-9001821} Page 11 of 14 Second Reading Revisions Page 381 of 743 436 -23. Guest parking shall be provided at a rate of 0.15 spaces per unit for residential 437 developments consisting of three (3) or more dwelling units. 438 -34 Required parking shall be calculated on the basis of one (1) space per each employee, 439 manager, or owner and one (1)parking space for each guest unit. Newly created 440 parking may be located only in the rear and side yard. 441 45 In addition to the required parking for the residential unit, the city requires that one 442 (1)parking space per two (2)live/work units be provided to meet business activity 443 needs. Parking provided to meet this requirement shall be located on the lot, built into 444 or under the structure, or within three hundred (300)feet of the unit in which the use is 445 located. The distance shall be a straight line measurement from a point on the 446 boundary line of the property of the subject unit to the closest boundary line of the 447 property on which the parking is located. Parking provided to accommodate said 448 space, including driveways of adequate depth in front of the unit's garage, shall not 449 serve as meeting required parking for the unit's residential use. 450 -56 Hotel/motel uses open to the general public, such as a restaurant or lounge, shall 451 provide parking at a rate of fifty percent(50%) of the requirement of a standalone operation.. 452 Section 8. That Chapter 1, General Administration, Article VIII, Appeals, of the City 453 of Boynton Beach Land Development Regulations is hereby amended as follows: 454 D. Assignment of Appeals. The City Commission or the Building Board of 455 Adjustment and Appeals shall review all appeals. The assignment of each is as follows: 456 457 1. City Commission. The City Commission shall hear and decide all appeals 458 regarding the administration, interpretation, or enforcement of any standard, provision, or 459 regulation contained in the land development regulations, except for that which is identified i-a 460 below. 461 462 2. Building Board of Adjustment and Appeals. The owner of a building, 463 structure, or service system, or duly authorized agent may appeal a decision of the Building 464 Official in his/her enforcement or administration of Chapter 4, Article IX, Building, 465 Construction and Historic Preservation Requirements; Chapter 4, Article X, Flood Prevention 466 Requirements; or whenever any one (1) of the following conditions are claimed to exist: 467 468 . . . . 469 e. An Mplication made by the owner or tenant of a property which operates as 470 a group home is denied. The Building Board of Adjustment and Appeals shall convene 471 within thirty (30) calendar days of the date that a written appeal is filed with the City. 472 If the Building Board of Adjustment and Appeals is unable to convene within 30 days, 473 the Mppeal may be heard by the City's Magistrate and the matter will be added to the 474 agenda of the next available Code Enforcement Hearing date. 475 Section 9. Each and every other provision of the Code of Ordinances and Land 476 Development Regulations of the City of Boynton Beach not herein specifically amended shall 477 remain in full force and effect as previously enacted. {00191115.1306-9001821} Page 12 of 14 Second Reading Revisions Page 382 of 743 478 Section 10. All ordinances or parts of ordinances in conflict herewith be and the 479 same are hereby repealed. 480 Section 11. Should any section or provision of this ordinance or portion hereof, any 481 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 482 such decision shall not affect the remainder of this ordinance. 483 Section 12. Authority is hereby granted to codify this ordinance. 484 Section 13. This ordinance shall become effective immediately upon passage. {00191115.1306-9001821} Page 13 of 14 Second Reading Revisions Page 383 of 743 485 FIRST READING this day of 2017. 486 487 SECOND, FINAL READING AND PASSAGE this day of 488 2017. 489 490 CITY OF BOYNTON BEACH, FLORIDA 491 YES NO 492 493 Mayor— Steven B. Grant 494 495 Vice Mayor—Justin Katz 496 497 Commissioner—Mack McCray 498 499 Commissioner—Christina L. Romelus 500 501 Commissioner—Joe Casello 502 503 504 VOTE 505 ATTEST: 506 507 508 509 Judith A. Pyle, CMC 510 City Clerk 511 512 513 514 (Corporate Seal) 515 {00191115.1 306-9001821} Page 14 of 14 Second. .. din visions Page 384 of 743 1 2 ORDINANCE NO. 17- 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 6 AMENDING THE CODE OF ORDINANCES, CHAPTER 13, LICENSING, 7 AND THE LAND DEVELOPMENT REGULATIONS, CHAPTER 1, 8 ARTICLE II, DEFINITIONS; CHAPTER 3, ARTICLE IV USE 9 REGULATIONS; AND CHAPTER 4, ARTICLE V. MINIMUM OFF- 10 STREET PARKING REQUIREMENTS. PROVIDING NECESSARY 11 UPDATES; NEW STANDARDS AND JUSTIFICATIONS FOR THE 12 ACCOMMODATION AND REGULATION OF GROUP HOMES; AND 13 PARKING REQUIREMENTS FOR SINGLE- AND TWO-FAMILY 14 DWELLING UNITS. PROVIDING FOR EXCEPTIONS; PROVIDING 15 FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN 16 EFFECTIVE DATE. 17 18 WHEREAS, there is a perception that there is a proliferation of unlicensed group 19 homes in Palm Beach County and within the City of Boynton Beach. That perception requires 20 the City Commission to examine the need for balance between citizens who desire or need 21 group housing and citizens who believe there should be greater regulation; and 22 WHEREAS, On November 10, 2016, the United States Departments of Justice and 23 Housing and Urban Development released the Updated Fair Housing Act Guidance on State 24 and Local Land Use Laws related to group housing; and 25 WHEREAS, in order to allow time to establish proper regulations to protect group 26 home residents while also exercising its lawful right to regulate zoning, on January 17, 2017, 27 the City approved Ordinance No. 16-025, thereby commencing a temporary moratorium on 28 the processing of applications for group homes to undertake the review and revision of the 29 zoning and use regulations as they relate to group housing within the City of Boynton Beach 30 to find the proper means of protecting the legal rights of group home occupants while 31 preserving the integrity of the City' s zoning plan; and, 32 WHEREAS, during the time of the moratorium, the City conducted a study of the 33 City's Code of Ordinances including zoning regulations, parking regulations, community 34 standards, and business tax processes; applicable federal rules, regulations, and reports on the 35 regulating of group and treatment homes; state laws and pending laws; reports or publications 36 on recognized recovery housing and the role and importance of communal living in the {00188088.2306-9001821} Page 1 of 12 Page 385 of 743 37 treatment process; including interviewing a representative from the Florida Association of 38 Recovery Residences; and 39 WHEREAS, The City adopted Ordinance 10-025, passed 12-7-10; Amended 40 Ordinance 11-002, passed 3-1-11; and Amended Ordinance 13-033, §3, passed 12-3-13, to 41 implement a procedure for processing requests for reasonable accommodation to the City's 42 Code of Ordinances, Land Development Regulations, rules, policies, and procedures for 43 persons with disabilities as provided by the federal Fair Housing Amendments Act (42 U.S.C. 44 3601. et. seq.) and/or Tide 11 of the Americans with Disabilities Amendments Act (42 U.S.C. 45 Section 12131, et. seq.) ("ADA"). 46 WHEREAS, the City's reasonable accommodation process has remained viable 47 during the moratorium period to consider and avoid the denial of housing or related services 48 to a disabled individual; and 49 WHEREAS, the Palm Beach Grand Jury in the Circuit Court of the 15th Judicial 50 Circuit's Report on the Proliferation of Fraud and Abuse in Florida's Addiction Treatment 51 industry (Dec. 8, 2016)reported 484 overdose deaths in Delray Beach in 2016, up from 195 in 52 2015; and 53 WHEREAS, the statistics on addiction and overdose for the City of Delray Beach and 54 Palm Beach County are an indication of the possible future of Boynton Beach, without proper 55 services for treatment and regulated housing accommodations; and 56 WHEREAS, The Palm Beach Grand Jury's Report recommended certification and 57 licensure for"commercial recovery housing"; and 58 WHEREAS, The Grand Jury received evidence from a number of sources that 59 recovery residences operating under nationally recognized standards, such as those created by 60 the National Alliance for Recovery Residences (NARR), are proven to be highly beneficial to 61 recovery; and 62 WHEREAS, the State of Florida relies upon the FARR for review, certification and 63 oversight of recovery houses and operators as part of the State's restriction on recovery 64 residence referrals; and 65 WHEREAS, The courts have regularly found a legitimate purpose in zoning 66 regulations intended to achieve a homogenous, traditional single-family neighborhood, with 67 low noise, fewer people, and restrictions on vehicles; and {00188088.2306-9001821} Page 2 of 12 Page 386 of 743 68 WHEREAS, the City has experienced and observed a rapidly increasing rate of opioid 69 addiction, deaths, and emergency demands in the local area; and 70 WHEREAS, Boynton Beach Fire Rescue activity reports indicate that heroin and 71 opioid overdose calls totaled 250 in the first 5 months of 2017, resulting in 10 deaths and 72 requiring use of over $10,000 in Narcan for treatment; and 73 WHEREAS, Palm Beach County has experienced an increase in fatal opioid cases by 74 314%between 2012 and 2016; and 75 WHEREAS, the State of Florida has recognized a trend in criminal activity, such as 76 insurance fraud and resident neglect, related to the management of group homes, and as a 77 result, the State continues to adopt regulations and rules with an emphasis on penalties for 78 such activity; and 79 WHEREAS, the City of Boynton Beach seeks to establish regulations which protect 80 the group home residents from criminal activity, such as insurance fraud and resident neglect, 81 related to the management of group homes; and 82 WHEREAS, the Fair Housing Act prohibits local land use and zoning laws, policies, 83 and practices that discriminate based on a characteristic protected under the Act, including 84 individuals being treated for addictions to alcohol and being treated for substance abuse; and 85 WHEREAS, in Olmstead v. L.C., the Supreme Court ruled that the Americans with 86 Disabilities Act (ADA) prohibits the unjustified segregation of persons with disabilities in 87 institutional settings where necessary services could reasonably be provided in integrated, 88 community-based settings. An integrated setting is one that enables individuals with 89 disabilities to live and interact with individuals without disabilities to the fullest extent 90 possible; and 91 WHEREAS, as a result of the City's research, it is necessary to modify the existing 92 ordinance to: (a) preserve access to homogenous, traditional single-family neighborhoods, 93 with low noise, fewer people, and restrictions on vehicles; (b) establish regulations which 94 protect the residents of group homes from criminal activity, such as insurance fraud and 95 resident neglect, related to the management of group homes; and (c)update the City's existing 96 regulations to incorporate recent changes in law and the findings of the Grand Jury; and {00188088.2306-9001821} Page 3 of 12 Page 387 of 743 97 WHEREAS, the City Commission deems it appropriate and in the best interests of the 98 health, safety and welfare of the citizens and residents of the City of Boynton Beach to amend 99 the City Code and Land Development Regulations as specified herein. 100 101 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 102 THE CITY OF BOYNTON BEACH, THAT: 103 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 104 herein by this reference. 105 106 Section 2. That Chapter 13, of the City of Boynton Beach Code of Ordinances is 107 hereby amended as follows: 108 109 110 ARTICLE I. BUSINESS TAX RECEIPTS AND CERTIFICATE OF USE AND 111 OCCUPANCY 112 Sec. 13-4 CLASSIFICATION AND FEE SCHEDULE. 113 Notes: 114 * Businesses that are Rrequire-sd a license and/or certification from a state or other agency. 115 This includes but may not be limited to one or more of the following: 116 Department of Business and Professional Regulation and the Division of Hotels & 117 Restaurants Depai4ment ef Btisiness RegdWien, Department of Agriculture & Consumer 118 Services, Department of Highway Safety & Motor Vehicles, Florida Bar Association, Florida 119 Department of Financial Services Depai4ment ef Banking & Finanee, Florida Agency for 120 Health Care Administration, Florida Office of Financial Regulation, Palm Beach County 121 Contractors Certification Division, Palm Beach County Health Department, and the 122 Department of Health. Housing limited to, or intended for persons in any stage of alcohol and 123 drug treatment ftt2gtftp±tshall be certified by the Florida Association of Recovery Residences 124 (or like entity as designated by the State of Florida for monitoring and oversight purposes). 125 126 "NEC" -Not Elsewhere Classified 127 128 Sec. 13-30 GROUP HOMES 129 130 Sec. 13-30. Group Homes, Certification Requirements and Grace Period 131 (a) For applicable terms and definitions see the Land Development Regulations 132 Chapter 1. Article H. Definitions. 133 (b) To ensure the proper care and treatment of individuals residing within a group 134 home, many who need special care or structured living environments for preservation or 135 advancement within a treatment process, all such homes and\or operators must be licensed 136 and/or certified by an entity operated by or affiliated with the State of Florida. This includes 137 any group home used for the purpose of housing residents in any stage of alcohol or drug 138 treatment which must be certified by the Florida Association of Recovery Residences 139 FARR . {00188088.2306-9001821} Page 4 of 12 Page 388 of 743 140 (c) Any group home approved for operating within the City by the effective date 141 of these regulations, which are not certified by FARR, have a grace period of one (1) Business 142 Tax Application cycle up to October 1, 2018) to obtain compliance with this certification 143 requirement as well as the parking and corresponding impervious surface standards of the 144 Land Development Regulations, Chapter 4, Article V. 145 146 Section 4. That Chapter 1, General Administration, Article 11, Definitions, of the 147 City of Boynton Beach Land Development Regulations are hereby amended as follows: 148 149 Ch 1. GENERAL ADMINISTRATION, ARTICLE 11. DEFINITIONS 150 DWELLING, MULTI-FAMILY - A building, typically referred to as an apartment or 151 condominium, containing three (3) or more dwelling units, all of which share a common 152 vestibule. No resident support services are provided intended to meet the basic physical, 153 emotional, and social needs of the residents such as custodial care or support with activities of 154 daily living (ADL), and such uses do not require licensing or certifications from the Florida 155 Department of Health. 156 GROUP HOME - A facility that principally provides short-term or long-term lodging for 157 three (3) ^r mar--e unrelated individuals in dwelling units or sleeping rooms which, with the 158 possible exceptions of a Type 3 Group Homes, operate primarily on a referral basis from 159 state, county, or local social service agencies and/or self-help programs. These All group 160 home facilities, unless specifically exempt by Florida Statutes, are licensed by �e 161 .,, the State of Florida r epai4fneat „f� and Rehabilitative SeFvi .o , except that drug 162 and alcohol treatment homes shall be certified by the Florida Association of Recovery 163 Residences (FARR). The different types of group homes are distinguished by size and/or the 164 extent of support services provided. Group Homes offer i ,,dditie lodging 165 accommodations; and meals along with either limited or comprehensive resident support 166 services�e that meet the basic physical, emotional, and social needs of the residents; 167 Such limited services may include counseling, quid nee and vaFying levels of 168 basic medical care, support with activities of daily living (ADL), and transportation to off-site 169 service providers. Services � at a Type 1 or Type 2 Group Home are typically 170 provided by a single individual including, but not limited to, a caretaker/overseer, counselor, 171 house manager, nurse or therapist. Such homes operate as the equivalent of a family unit 172 sharing kitchen and living amenities of the home, through daily interactions or coordinating 173 responsibilities, and exist compatibly within the surrounding neighborhood. The term "group 174 home" includes but is not limited to , adult congregate living facilities (ACLF), 175 assisted living facilities (ALF), group care homes, community residential homes, and 176 recovery homes, and esidentia tr-e +men+ f6eil ties. The following additional descriptions 177 further define the three different types of group homesdefifled by typr t. 178 1. TYPE 1 - A home of not more than 4x- ten (g10) residents, including a caretaker or 179 overseer, which provides limited support services on-site. The services are atypically 180 delivered by a single individual including but not limited to a caretaker/overseer, counselor, 181 house manager, nurse or therapist. Such services may include-for example-counseling, 182 basic-medical care, assistance with activities of daily living (ADL), and transportation to off- 183 site service providers. Such homes operate as the equivalent of a family unit, with shared {00188088.2306-9001821} Page 5 of 12 Page 389 of 743 184 kitchen and living amenities of the home, and existed compatibly within the surrounding 185 neighborhood. whieh is lieensed by an ageney vvithin tete seFVe 6liex*s Of the FIE)Fid 186 Department of Health and Rehabilitative SeFviees and w4ieh provides a living eavir-Ofiffiefi 187 for residents whe aperate as a funetiOnal equivalent of a family, 188 189 ds of the. 11 whieh may or may not be lieensed by the Florida Departme 190 Health and Rehabilitative SeFvi es 191 192 2. TYPE 2 - A home or facility with no less than seven (7) or—more than fourteen (14) 193 residents. A Type 2 Group Home provides limited support services on-site, and stilt, a sit-e 194 mar? eg nerally provided by a single individual including but not limited to a 195 caretaker/overseer, counselor, house manager, nurse or therapist. Such limited services may 196 include for example counseling, basic-medical care, assistance with activities of daily living 197 (ADL), and transportation to off-site service providers. Such homes operate as the equivalent 198 of a family unit, sharing kitchen and living amenities of the home, daily interaction and 199 coordination, and existing compatibly within the surrounding neighborhood. This category of 200 _group home includes a Community Residential Home as defined and licensed by the State of 1, l is of the Fierida Department t f Health d 201 Florida. w�Ehh�zieex��te�e�c4iex ep-�rer�r-en=� 202 Rehab ilita+ive Serviees and whiek provides fer- a living envireriffient for- r-esidents, ineltiding 203 , 204 205 Department of Health and Rehabilitative SeFviees. This definition ineitides all f4eilities 206 207 Department of Health and Rehabilitative SeFvi es 208 209 3. TYPE 3 n i,afne or f.,eility with fifteen ( 5) or fnere residents whieh is liee se 210 serve elients ef the Fierida Department ef Health and Rehab ilita+ive Serviees and Whiek 211 , 212 213 r-eside.4-its. T-�-i q- definition ineludes all f4eilities operating for stieh purpose or intent, but Whieh 214 . 215 A facility without a limit on the number of residents, and that principally_provides 216 or long-term lodging for unrelated persons in individual sleeping rooms or dwelling units with 217 private or shared kitchen and bathing facilities along with other common amenities to meet 218 the medical, social and recreational needs of the residents. These facilities are licensed by aft 219 •v .,,ith, , the Florida Department of Health. This category of group homes provides 220 lodging accommodations, and comprehensive, on-site personal services representitws a larger, 221 e more self-sufficient facility than a Type 1 or Type 2 Group Home. Personal se e fef 222 idents are delivered by a hest ef Eittali€ie 223 outside the f edity on--& 24 hour basis-. However, such facilities would not include 24-hour, 224 on-site, skilled nursing services, except as allowed in a combination facility as described 225 below. To support the principle of continuum of care, this type accommodates a range of 226 facilities from independent to assisted living facilities, or the combination of such facilities 227 with a nursing home and/or memory care facility as long as the nursing home or memory care 228 represents 40% or less of the total bed count of the facility. The term "group home" includes 229 but is not limited to adult ,.aaii, reit. to li iaii, f.,eilities (ACLF` aP assisted living facilities {00188088.2306-9001821} Page 6 of 12 Page 390 of 743 230 (ALF), and excludes facilities that provide short-term accommodations in conjunction with a 231 specific medical or mental health service (see the use category Medical Care or Testing (In- 232 patient)). See the Zoning Matrix and Notes for additional provisions and standards. 233 �7 234 4. TVDT A A t,0fne 6r€4eility for- /'7�nvrc indi " elas ifiedr-ccs 235 ; r-eeaver-y hafnes and mental health or- substanee abuse 236 ; or- the like, whieh is lieensed to seFve eliefits of the Fier-id 237 Depai4fneat of Health and Rehabilitative SeFviees and w4ieh provides for- a living 238 239 neeessafy to fneet the physieal, emational, and seeial needs of the residents. This 240 241 , 242 if neeessafy. This definition ineludes all faeiliti for- stieh PuFff se ar- intent, but, 243 244 245 damn. 246 247 MEDICAL CARE OR TESTING (IN-PATIENT) - A facility, excluding hospitals, which 248 epee operate 24 hours per day or provides 24-hour healthcare, treatment, and/or examinations 249 from professional medical staff(e.g. skilled nursing services), requiring overnight stays for a 250 short or long period of time, and are based on emergency, planned, or scheduled admittance to 251 facilities with controlled and secured access to ensure appropriate care of patients. Such 252 facilities include but are not limited to: 253 1. Alcohol or chemical dependency treatment centers licensed pursuant to F.S. Chapter 254 397; 255 2. Mental health treatment facilities licensed pursuant to F.S. Chapter 394; 256 3. Urgent care centers (24-hour); 257 4. Inpatient testing services such as sleep disorder centers; 258 5. Birth centers licensed pursuant to F.S. 383.305; 259 6. Hospice facilities licensed pursuant to F.S. Chapter 400, Part IV; 260 7. Eating disorder treatment centers; and 261 8. Nursing homes, physical rehabilitation centers, and memory care facilities (i.e. 262 dementia/Alzheimer's care facilities, licensed pursuant to F.S. Chapter 400. 263 264 Section 5. That Chapter 3, Zoning, Article IV, Use Regulations, of the City of 265 Boynton Beach Land Development Regulations are hereby amended as follows: 266 267 CH. 3. ZONING, ART. IV. USE REGULATIONS, SEC. 3.D. MATRIX AND NOTES 268 269 14. General Note. The subject use is only allowed on a lot that fronts on an arterial or 270 collector street as defined in Part III, Chapter 1, Article II of the LDR under definitions for 271 "Street-Arterial" and "Street-Collector". Except for uses providing Medical Care or Testing 272 (In-patient) shall be limited to lots that front on an arterial roadway. 273 274 40. Group Home Types , thr-a ,g n {00188088.2306-9001821} Page 7 of 12 Page 391 of 743 275 276 a. Group Home Types.l and 2. 277 278 (1) Common. Area. At least ten percent (10%) of the total floor area shall be 279 devoted to a common area, exclusive of halls, corridors, stairs, and elevator shafts, 280 wherein a variety or recreational or therapeutic activities may occur. 281 282 (2) Rooms. Residents' rooms or suites shall, in no case, have kitchen facilities 283 available for the preparation of food. 284 285 b. Type 4- 286 287 04 LILDesign. Pursuant to Chapter 4, Article III, Section 3.G.1, the appearance 288 of a group home shall be residential in character and similar in appearance to the 289 surrounding neighborhood. 290 291 (-2) k4) Separation. Stie, tise shall be leea+ed a minimttm dist nee , f ene ti ettsa a 292 (' n�zeet f„v,, another- same (regardless of type), To prevent the 293 concentration of,group homes to a point that an institutional environment is created, 294 and to preserve the single-family character and function of a neighborhood that is the 295 general target for therapeutic living conditions for many group home residents, no 296 more group homes shall be located within 300 feet from another Type 1 297 or Type 2 ,.group home as measured by direct distance between property lines. The 298 floor area of any existing facility shall not be expanded in instances where located 299 less than the minimum separation requirement. All new applications to operate such 300 uses or applications for building permits to expand such uses shall be accompanied 301 by an affidavit certifying compliance with this restriction. 302 303 (5) Parking. See the Chapter 4, Article V for applicable parking requirements. 304 305 e. T-viges 306 307 b Group Home Type 2. Conditional use approval is not required within a Planning Unit 308 Development(PUD)if approved on the master plan or modified master plan. 309 310 311 feet f+em anether- gr-ettp heffie (regardless ef type) and si�i htindr-ed (600) feet e 312 pr-apei4y zoned for- single family dwellings, as meastir-ed by dir-eet distaflee be:�Weefl 313 314 315 316 317ern 318 319 c. Group Home Type 3. 320 {00188088.2306-9001821} Page 8 of 12 Page 392 of 743 321 (1) PUD or Mixed Use Zoning District. Conditional use approval is not required 322 within a planned development zoning district (i.e. PUD or MU Zoning District) if 323 approved on the master plan or modified master plan. 324 (2) MU-L2 and MU-L3. Projects require a minimum of 60% of the dwelling units 325 to be for independent living with full kitchen and bath facilities, and not require 326 licensing by the State of Florida Department of Health. 327 328 Section 6. That Chapter 3, Zoning, Article IV, Use Regulations, of the City of 329 Boynton Beach Land Development Regulations are hereby amended as follows: 330 331 LDR Chapter 3, Art. IV. Sect. 3.13 -Use Matrix (Table 3-28). 332 Proposed Amendments— Group Homes— See Exhibit"A" Attached hereto 333 334 Section 7. That Chapter 4, Site Development Standards, Article V, Minimum Off- 335 Street Parking Requirements of the City of Boynton Beach Land Development Regulations 336 are hereby amended as follows: 337 338 CH. 4. SITE DEVELOPMENT STANDARDS 339 Article V. MINIMUM OFF-STREET PARKING REQUIREMENTS 340 Sec. 1. General. 341 A. Purpose and Intent. The purpose of this article is to provide accessible, attractive, 342 secure, properly lighted, well-maintained, and screened off-street parking facilities for the 343 citizens and visitors of the City. It is the intent of these Regulations to ensure the provision of 344 off-street parking in proportion to the typical and daily demand created by various businesses 345 located downtown and in the suburban areas. It is also the emphasis of this article to promote 346 efficient use of land and redevelopment through promotion of cross-parking and 347 interconnectivity, shared parking and necessary reductions to consider alternative parking 348 resources and redevelopment initiatives. 349 B. Administration. The Director of Planning and Zoning or designee shall have the 350 authority to interpret and administer this article. 351 C. Applicability. The provisions of this article shall be considered the minimum standards 352 and except where specifically stated otherwise herein, are applicable to all new construction 353 projects or modifications to existing sites. 354 D. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions 355 which pertain to the regulations and standards contained herein. 356 E. Conflict. Whenever the regulations and requirements of this Code are at conflict with 357 any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most 358 restrictive shall apply, unless otherwise stated herein. 359 F. Relief from Standards. Unless described otherwise, any deviation from the parking 360 standards contained herein shall require approval of a variance application, which is subject to 361 review and approval by the City Commission. A request for a variance shall be reviewed in 362 accordance with Chapter 2, Article II, Section 4.D. 363 364 Sec. 2. Standards. 365 A. General. 366 1. Rules and Methodology. {00188088.2306-9001821} Page 9 of 12 Page 393 of 743 367 ....... 368 369 2. Minimum Number of Required Off-Street Spaces for Non-Residential Uses. No fewer 370 than four(4)parking spaces shall be provided for any non-residential use. 371 3. Location of Off-Street Parking Areas. 372 a. Residential. Required parking spaces for all dwellings shall be located on the same 373 lot as the dwelling to be served. 374 b. Non-residential. Required parking spaces for all non-residential uses shall be owned 375 by the owner of the building or lot to be served, and shall be located on the same lot, or not 376 more than three hundred (300) feet distance, unless the property is located within those areas 377 defined within the adaptive re-use section of the Code (Chapter 4, Article 5, Section 4). In 378 those areas, required parking spaces may be leased within three hundred (300) feet of the use 379 in which they serve, subject to Board and City Commission approval, and the property shall 380 be posted with signage indicating to patrons the location of the leased parking. 381 382 4. Driveways and other impervious surfaces within front or side yards of single- and two- 383 family dwelling units. 384 a. Applicability. The requirements of this section are applicable to new construction 385 projects, modifications that increase air-conditioned living space and/or number of 386 bedrooms, and requests for a Certificate of Use. 387 b. Driveways shall be constructed of concrete, asphalt, or other hard surface as approved 388 by the City Engineer. Where possible, design and construction should maximize the 389 albedo and minimize the heat island effect of such improvements. Also where 390 possible, tandem parking design is encouraged to minimize impervious surface area 391 and maximize the environmental design of the project. 392 c. Such surfaces shall not exceed 40% of the minimum front yard area. 393 Section 8. That Chapter 1, General Administration, Article VIII, Appeals, of the City 394 of Boynton Beach Land Development Regulations is hereby amended as follows: 395 D. Assignment of Appeals. The City Commission or the Building Board of 396 Adjustment and Appeals shall review all appeals. The assignment of each is as follows: 397 398 1. City Commission. The City Commission shall hear and decide all appeals 399 regarding the administration, interpretation, or enforcement of any standard, provision, or 400 regulation contained in the land development regulations, except for that which is identified i* 401 tibp -ag-ap below. 402 403 2. Building Board of Adjustment and Appeals. The owner of a building, 404 structure, or service system, or duly authorized agent may appeal a decision of the Building 405 Official in his/her enforcement or administration of Chapter 4, Article IX, Building, 406 Construction and Historic Preservation Requirements; Chapter 4, Article X, Flood Prevention 407 Requirements; or whenever any one (1) of the following conditions are claimed to exist: 408 409 . . . . {00188088.2306-9001821} Page 10 of 12 Page 394 of 743 410 e. An application made by the owner or tenant of a property which operates as 411 a group home is denied. The Building Board of Adjustment and Appeals shall convene 412 within thirty (30) calendar days of the date that a written appeal is filed with the City. 413 If the Building Board of Adjustment and Appeals is unable to convene within 30 dam 414 the appeal may be heard by the City's Magistrate and the matter will be added to the 415 agenda of the next available Code Enforcement Hearing date. 416 Section 9. Each and every other provision of the Code of Ordinances and Land 417 Development Regulations of the City of Boynton Beach not herein specifically amended shall 418 remain in full force and effect as previously enacted. 419 Section 10. All ordinances or parts of ordinances in conflict herewith be and the 420 same are hereby repealed. 421 Section 11. Should any section or provision of this ordinance or portion hereof, any 422 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 423 such decision shall not affect the remainder of this ordinance. 424 Section 12. Authority is hereby granted to codify this ordinance. 425 Section 13. This ordinance shall become effective immediately upon passage. {00188088.2306-9001821} Page 11 of 12 Page 395 of 743 426 FIRST READING this day of 2017. 427 428 SECOND, FINAL READING AND PASSAGE this day of 429 2017. 430 431 CITY OF BOYNTON BEACH, FLORIDA 432 YES NO 433 434 Mayor— Steven B. Grant 435 436 Vice Mayor—Justin Katz 437 438 Commissioner—Mack McCray 439 440 Commissioner—Christina L. Romelus 441 442 Commissioner—Joe Casello 443 444 445 VOTE 446 ATTEST: 447 448 449 450 Judith A. Pyle, CMC 451 City Clerk 452 453 454 455 (Corporate Seal) 456 {00188088.2306-9001821} Page 12 of 12 Page 396 of 743 ' DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 17-026 TO: Chair& Members Planning& Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: May 10, 2017 PROJECT: Group Homes and Minimum Off-Street Parking Standards (CDRV 17-005) RE: Approve amendments to the CODE OF ORDINANCES, Chapter 13. Licensing, and the LAND DEVELOPMENT REGULATIONS, Chapter 1. Article 11. Definitions, Chapter 3. Article IV. Use Regulations, and Chapter 4. Article V. Minimum Off-Street Parking Requirements that provide necessary updates, new standards and justifications for the accommodation and regulation of group homes, and parking requirements for single- and two-family dwelling units. OVERVIEW The rewrite of the City's land development regulations (LDR) in late 2010 allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post-adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons: 1. Furthering business and economic development initiatives; 2. Advancing sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. The proposed amendments are intended to maintain internal consistency as well as to contribute to the overall effort to properly accommodate and regulate group housing within the City. EXPLANATION On January 17, 2017 the City Commission adopted Ordinance No. 16-025 thereby establishing a moratorium on the processing of and issuance of licenses, business tax receipts, development orders, certificates of use or permits for all group homes in the City until June 4th. This moratorium supported Resolution R16-165, and Notice of Intent 2016-165 for"Zoning in Progress" and a study period to involve the evaluation of the City's Zoning and Land - 1 - Page 397 of 743 Development Regulations, applicable Federal Regulations, and processes related to group housing. The moratorium, unless extended, will expire on June 4th Objectives of the study have included the following: • To determine the extent that local regulations can contribute to the regulatory system intended to protect group home residents including persons in drug and alcohol treatment programs; • To maintain compliance with Federal requirements that protect persons with disabilities; and • To maintain the quality of single-family neighborhoods in order to meet the needs and expectations of local residents including both the conventional family and group home family. Protection of residents within"sober homes" and compliance with Federal Laws Accommodating sober homes in the community supports an important step in the care of individuals being treated for addictions to drugs and/or alcohol. Unfortunately, this step has been a magnet for unscrupulous landlords, sober home operators and service providers who are essentially exploiting patients in order to maximize a profit. Despite the fact that this problem involves "disabled" persons who have special living, medical, counseling and social needs, there is currently no regulatory system or oversight to ensure that such needs are met. Essentially anyone can rent their house out for sober home use, or anyone can rent a house to operate a sober home. Documented incidences involving emergency medical calls, neighborhood disturbances, and insurance fraud motivated consideration of laws at the state level. Local task forces and legislative committees were established to research the problem, provide a conduit for collecting local feedback, and consider and draft laws to regulate this growing problem. The state's involvement continues to increase. After a failed attempt in 2014, state laws were adopted in 2015 that established the voluntary certification program incentivized by limiting referrals of clients from state-licensed treatment/service providers to only those sober homes that are certified by FARR. "FARR" stands for the Florida Association of Recovery Residences. FARR is the agency chosen by the State of Florida to administer the voluntary certification process for participating sober homes. Staff has researched this certification process and interviewed representatives of FARR, as well as reviewed case law and other documents that describe the limitations on and warnings about laws that directly or indirectly impact group homes that house disabled persons. One such document is the very current 2016 Joint Statement of the Department of Housing and Urban Development and Department of Justice on State and Local Land Use Laws and Practices and the application of the Fair Housing Act. Simply written, any regulations and processes established by the City cannot discriminate, by intent or effect, against disabled persons and the City must not interfere with access to housing and treatment services. Interference with such -2 - Page 398 of 743 access could lead to a violation of the Americans with Disabilities Act(ADA) and/or Fair Housing Act(FHA). Staff has therefore attempted to maintain proposed regulations and processes that are as neutral as possible in their application. Maintaining quality residential environments Maintaining quality residential neighborhoods is intended to benefit both the conventional family as well as those persons in group housing. Interesting is the fact that the same residential characteristics sought by the average conventional family (e.g. safe, clean, peaceful, social interaction and compatibility, etc.), generally represents the same target environment intended by the FHA and ADA in avoiding institutional settings for mainstreaming persons back into the community. The courts have historically supported government's objective of maintaining the single-family character of a neighborhood. Supreme Court Justice Douglas in 1974 very eloquently described the virtues of a single-family neighborhood as: "A quiet place where yards are wide, people few, and motor vehicles restricted are legitimate guidelines in land-use project addressed to family needs...The police power is not confined to elimination of filth, stench, and unhealthy places. It is amply to lay out zones where family values, youth values, and the blessing of quiet seclusion and clean air make the area a sanctuary for people." Although this case involved support for the traditional definition of a family within local zoning regulations, the emphasis of the Supreme Court in its review of Village of Belle Terre v. Boraas was on its support for the objective of government to maintaining the single-family character of a neighborhood. Justice Douglas described both the tangible and intangible characteristics that comprise the single-family neighborhood. Other cities in addition to Boynton Beach have experienced "worst case" examples of group homes impacting residential neighborhoods, whether involving emergency calls, overdoses, and arrests of operators, or increased traffic and other nuisances. On Riviera Drive in Boynton Beach, where there were three (3) sober houses operating simultaneously on this short cul-de- sac/dead-end street, traffic volumes were counted in excess 200% of the average daily volume for a single-family neighborhood (based on the nationally-recognized standards of the ITE). With respect to emergency calls, this small neighborhood generated twice the emergency calls than a neighborhood of similar size and design that contained no known operating group homes. This data was collected as part of the review and response to a request for reasonable accommodation to increase the number of allowed residents from 6 to 12. This data was collected in December, 2015 and is being used to support the proposed amendments to the Land Development Regulations which may conflict with federal guidelines and the conservative direction commonly taken to regulate group homes. While distance separation standards have been found in violation of the FHA or ADA as it places a standard on housing for the disabled that is not applicable to all homes, the above-referenced data indicates that the clustering of -3 - Page 399 of 743 group homes in certain circumstances can generate measurable negative impacts that deteriorate the fabric and expected quality of life in a given single-family neighborhood. Further, such impacts have essentially represented a change in the City's zoning scheme as the increased traffic volumes are more typical of a multi-family neighborhood with greater density and trips on the local roads. Such a spacing requirement is in the best interest of both the conventional family as well as the group home"family" to preserve the character of the targeted environment. It would also appear that most spacing requirements that have been challenged have not been reasonable distances. In addition to traffic and emergency calls, such uses also have the potential to exceed the parking capacity of a single-family parcel. Driving-age residents of a group home can total 5 or 6 (as long as the group home is not exceeding the maximum persons standard). This excludes visitors, transport vehicles, counselors and overseers for the home. Given that the LDR only requires a minimum of 2 parking spaces per single family house, parking shortages are very possible, and can lead to excess parking on unimproved surfaces (i.e. front or side yards) or along the street. PROPOSED REGULATIONS Staffs research and findings are the basis for recommending LDR amendments within the following four(4)topics: 1. Definitions and Typology intended to simplify and clarify the different categories of group homes mainly based on the services provided and size, providing clear distinctions from conventional multi-family housing and medical uses providing in-patient care. These amendments affect the terms and definitions within Chapter 2 of the LDR, as well as the Zoning Use Matrix and corresponding Notes of Chapter 3. 2. Regulatory and operational oversight in order to ensure an ethical, safe and law-abiding environment for residents of group homes. These amendment involve the terms and definitions within Chapter 2 of the LDR, and the requirements of uses seeking a Certificate of Use for a group home and/or residential rental found within the Code of Ordinances, Chapter 13. Licenses. 3. Zoning restrictions to regulate concentration and maximize use compatibility. These amendments would affect Chapter 3 of the LDR, Zoning Use Matrix and corresponding Matrix Notes. 4. Property appearance and parking to ensure that a given property is designed and improved to accommodate the anticipated parking needs of both conventional families as well as the group home family to prevent blighted conditions resulting from inadequate vehicle accommodations. Proposed amendments to the City's parking standards for single-family homes and duplexes are indicated in the LDR, Chapter 4, Article V. Minimum Off-Street Parking Requirements. -4 - Page 400 of 743 In addition to the proposed amendments to the city's regulations and standards, this amendment package would also affect the administrative processing of single and two-family rental applications and certificates of use for group homes to ensure that application materials and inspections confirm compliance with the maximum persons, minimum housing (namely persons per unit and bedroom size standards) and parking standards. Other highlights of the proposed amendments are as follows: Definitions and Typology Most notably, the proposed amendments include omitting the Type 4 group home category and defining three group home categories by size and intensification of uses and activity. The elimination of the Type 4 group home, and basing the typology on size and intensity rather than on the client or purpose of the home, eliminates a potential discriminating characteristic of the City's regulations. Further, the revised Type 2 group home category would accommodate a larger halfway house but within the multi-family zoning district to coincide with the density and intensity of the R-3 zoning district. The Type 3 facilities are the larger, more self-sufficient residential care facilities than the Type 1 or Type 2 group homes, and are proposed to be allowed in selected residential, commercial and mixed-use zoning districts. Note that the proposed zoning regulations require that 60% of the housing units within a MU-L2 and MU-L3 project are persons capable of independent living, to promote "aging in place" development while also contributing to the active adult population in the downtown area. Regulatory and Operational Oversight(See Exhibit"A") This aspect of the proposed regulations supports the attempts of the State Legislators to establish a certification system for sober homes. Staff acknowledges that about all of the different types of group homes in the City require licensing by a state agency, and despite that residents of a sober home are deemed disabled and therefore subject to protection by the American with Disabilities Act(ADA) and the Fair Housing Act(FHA), there is no regulatory system for the operators or the group homes (the State continues to encourage or incentivize certification in connection with having access to referrals from state-licensed treatment facilities). In the absence such regulations, anyone could rent a house out for a treatment home, and just anyone could operate a treatment home. FARR certifies providers to the standards of NARR(the National Alliance for Recovery Residences). The quality standards required by NARR are comprehensive applying to all aspects of the facility including organization and system, operator qualifications, ethics, resident rights, privacy, recovery based, skill development, home environment, and neighborhood relations and "community". Zoning (See Exhibits "A" and"B") Although controversial, and contrary to the objective of maintaining neutral regulations, there is sound reasoning to support a distance separation standard, which is intended to preserve what is thought to be the standard living environment and therefore the target neighborhood for residents -5 - Page 401 of 743 of half-way houses. Federal requirements prevent City's from restricting such houses and residents to institutional zones or areas. The intent is to transition such residents back into the community through the single-family neighborhood. If it is the intent to "mainstream" half-way house residents into single-family neighborhoods, to exist and associate with conventional households, then it is logical to assume that the more conventional households existing within the area around the half-way house, the more ideal is the environment for the half-way house resident. Therefore, the minimum distance separation standard is necessary to prevent over- concentration within a neighborhood and preserve the concentration of conventional households and expected social make-up or character. Staff opines that the 300-foot minimum distance separation is reasonable and the minimum necessary to achieve the preservation objective. It should be noted that for many years the City enforced a distance separation of 1,000 feet, based on the same separation standard found within state statutes for group homes. It should be noted the distance separation standard would not apply to the Type 3 group home as required in current regulations. There are fewer facilities of this size in the City, and such classes of group homes are limited to multi-family residential areas with generally similar density/intensity characteristics, or within commercial environments. Property Appearance and Parking (See Exhibit"C") Staff does recommend that the minimum parking standards be increased for all single- and two- family homes, regardless of the occupants. This is considered a"neutral" standard as it would apply to both conventional households and group households, and is intended to prevent the possible impacts resulting when the number of driving-age persons increases above that accommodated by the minimal parking spaces for these single and two-family dwellings. Staff recommends that the minimum parking spaces be a factor of the number of bedrooms in a house, and that the City also adopt a maximum impervious standard for such land uses. RECOMMENDATION Staff recommends that the proposed amendments be approved to support the proper care of all group home residents, and to preserve the character of the City's single-family neighborhoods. Staff anticipates subsequently conducting an evaluation of the subject amendments for the intended outcome, and considering additional property standards intended to achieve and maintain the quality living environments pursued by for all residents of the City. Attachments S:APlanning\SHARED\WP\SPECPROJ\CODE REVIEW\Group homes,sober houses,etc\NOI 2016\P&D Board Report.doc -6 - Page 402 of 743 ti o c� ho 0 10 a� a E flu OMWI E R � F. F. 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PUBLIC HEARING 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-015 - SECOND READING - PUBLIC HEARING -Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 2, 3 and 4 to continue the implementation of the Community Redevelopment Plan with the establishment of the new Cultural District Overlay Zone regulating site development, uses, and urban design. (Staff requests item tabled to 8/15/17) EXPLANATION OF REQUEST: The Boynton Beach CRA Community Redevelopment Plan was adopted on October 4th, 2016. Comprehensive implementation of the Plan will require a full "audit" and subsequent revisions of existing zoning and other land development regulations. However, some recommendations have immediate application to pending development projects and will therefore be implemented incrementally as needed. These recommendations include overlay zones intended to provide specific requirements pertaining to scale, design, and architecture for two geographic areas. The requirements modify some of the regulations of their underlying zoning districts. The Cultural District Overlay Zone (CDOZ) encompasses the entire Cultural District, bounded on the east by the Florida East Coast Railroad (F.E.C.), on the west by Seacrest Boulevard, on the south by Southeast 2nd Avenue, and on the north by Northeast 1st Avenue. The Cultural District is envisioned to be the principal hub for the City's civic uses, public spaces and events. Since this area is essential to exhibiting and experiencing Boynton Beach's unique character, setting the appropriate scale, design, and architecture is crucial to its success. There is currently an "Ocean Avenue Overlay Zone" on a portion of the District. The proposed amendments revise the existing overlay to be consistent with the vision outlined in the CRA Plan. The Planning and Development Board reviewed the subject amendments at their May 23, 2017 meeting and forwards the request with a recommendation of approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 414 of 743 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Ordinance approving amendments to the LDRs D Ordinance establishing the new Cultural District Overlay Zone D Staff Report Staff Report D Exhibit Exhibit A: Cultural District Overlay Zone Boundary D Exhibit Exhibit B: Proposed Cultural District Overlay Zone D Exhibit Exhibit C: Boynton each Boulevard Overlay Zone Boundary D Exhibit Exhibit D: Boynton each Boulevard Overlay Zone Code Amendments D Exhibit Exhibit E: Overlay Zone Waivers REVIEWERS: Department Reviewer Action Date Development Stanzione, Tammy Approved 7/11/2017® 8:43 AM Page 415 of 743 I ORDINANCE NO. 17- 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 5 FLORIDA AMENDING THE LAND DEVELOPMENT 6 REGULATIONS AMENDING CHAPTERS 2, 3 AND 4 TO 7 CONTINUE THE IMPLEMENTATION OF THE COMMUNITY 8 REDEVELOPMENT PLAN WITH THE ESTABLISHMENT OF 9 THE NEW CULTURAL DISTRICT OVERLAY ZONE 10 REGULATING SITE DEVELOPMENT STANDARDS, ZONING 11 USES, AND URBAN DESIGN STANDARDS; PROVIDING FOR 12 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 13 EFFECTIVE DATE. 14 15 16 17 WHEREAS, the CRA Plan (fka "the Consolidated Plan") was adopted on 18 October 4, 2016; and 19 WHEREAS, some recommendations of the Plan also include overlay zones 20 intended to provide specific requirements pertaining to scale, design, and architecture for 21 two geographic areas; and 22 WHEREAS, the requirements modify some of the regulations of their underlying 23 zoning districts; and 24 WHEREAS, staff proposes these code amendments to further implement the 25 CRA's Community Redevelopment Plan and to support continued quality development 26 and redevelopment of the area; and 27 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 28 the best interest of the citizens and residents of the City to amend the Land Development 29 Regulations to continue implementation of the Community Redevelopment Plan with the 30 establishment of the new Cultural District Overlay Zone regulating site development 31 standards, uses and urban design standards. 1 Page 416 of 743 32 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 33 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 34 Section 1. The foregoing whereas clauses are true and correct and are now 35 ratified and confirmed by the City Commission. 36 Section 2. Chapter 2, Article H, Planning and Zoning Division Services, 37 Section 4, Relief Applications, of the Land Development Regulations, is hereby amended 38 by adding the words and figures in underlined type, as follows: 39 Chapter 2,Art. IL Planning and Zoning Division Services 40 Sec. 4. Relief Applications 41 ... 42 E. Waiver(Qeean-AyenueCultural District Overlay Zone and Boynton Beach Boulevard 43 Overlay Zone). 44 1. General. 45 a. Purpose and Intent. The purpose of this subsection is to provide an efficient relief 46 process to allow for deviations from certain requirements and standards of Chapter 47 3 and Chapter 4 as they pertain to the f-k-ean-AvenueCultural District Overlay 48 Zone OZ-CDOZ ) and Boynton Beach Boulevard Overlay Zone (BBBOZ). 49 The intent of this application is not to provide a means for circumventing any such 50 requirement or standard but to allow for a departure from the code upon 51 demonstration that the subject request satisfies the intent of the review criteria 52 contained herein. 53 I b. Applicability. For property located within the �o/-CDOZ or the BBBOZ, the 54 waiver process shall be available for deviations from any development and design 55 standards of Chapter 3, Article III, Section 8.D. 56 2. Submittal Requirements. The applicant shall submit a letter that addresses the 57 review criteria of Section 3.E.3. below, in addition to submitting any plans and 58 exhibits required by the accompanying site plan, whenever applicable. 59 3. Review Criteria. The applicant shall justify each waiver request as part of the 60 application for site plan or site plan modification. The applicant shall document the 61 nature of the request, the extent of its departure from the standard regulation, and the 62 basis for the request. The City may request additional information and documentation 63 from the applicant, such as a shared-parking study, or other type of performance 64 related analysis that further justifies the waiver request. The burden of proof shall be -2- Page 417 of 743 65 on the applicant to present a superior design alternative and demonstrate that the 66 application would further the purpose and intent of the Overlay Zone(-)M—0Z and not 67 have any detrimental impact on adjacent properties or the surrounding area. 68 4. Approval Process. A waiver request may be approved by staff if the subject 69 request is reviewed concurrently with a minor site plan modification application, and 70 such application requires administrative review pursuant to the review criteria of 71 Section 2.F. above. Otherwise, the waiver application requires review by the City 72 Commission and shall be processed in accordance with Chapter 2, Article 1, Section 73 3. 74 5. Denial. Upon the denial of an application for relief hereunder, in whole or in part, 75 a period of one (1)year must elapse prior to the filing of the same or similar 76 application affecting the same property or any portion thereof, however, this 77 restriction shall not apply to applications which further the City's economic 78 development, workforce housing, or green building programs. 79 6. Expiration. A waiver shall remain valid as long as the corresponding site plan or 80 site plan modification approval remains in effect, or unless there is any amendment to 81 the original waiver. Any amendment to the original approval shall require application 82 for, and approval of, a new waiver. 83 84 Section 3. Chapter 3, Article III, Zoning Districts and Overlay Zones, Section 85 8, Overlay Zones, of the Land Development Regulations, is hereby amended by adding 86 the words and figures in underlined type, as follows: 87 Article III Zoning Districts and Overlay Zones 88 ... 89 Sec. 8. Overlay Zones. 90 D. � o.Cultural District Overlay Zone 91 1. Purpose and Intent. The 0Cultural District Overlay Zone 92 ( ACDOZ)is comprised of multiple properties and a mix-- ftf e 93 of zoning districts that currently accommodates 94 residential (single-, two- and multi-family), commercial, and institutional land uses. The 95 CRA Redevelopment Plan recommends the Mixed Use Medium Future Land Use 96 Classification for a majority of the District, which allows a maximum density of fifty (50) 97 dwelling units per 98 99 -The remainder of the District is recommended for the Mixed use High Future 100 Land Use Classification and the corresponding maximum density of 80 dwelling units per 101 acre.-F4 4e 4 „a4ef 4, :"c u 4: 0 -3- Page 418 of 743 102 - .°.r -- l-j-,4- --g 103f.. .-Q—W- . . 104 ..tiY , -?4- ka., -enti s= - ' 1 fn -; n . 105 106 g4ett .m � � <a 107 108 _ is_ The purpose and intent of the CDAOZ are 109 as follows: 110 a. Provide for a mix of selected commercial, residential, office, and entertainment 111 uses and activities, with an emphasis on arts and cultural ventures that will 112 encourage the adaptive re-use of existing buildings, restoration of historic 113 structures, and maintain and further enhance the pedestrian scale and historic 114 character- ale of the area; 115 b. Encourage the location of specialty retail, artist related uses and entertainment 116 establishments, along with--pedestrian-friendly improvements intatis 117 that would complement and support relationships between the downtown district 118 and marina/waterfront attractionsenn4 4- +rage-pman--mov n is 119 rnara_/. =a t-_atter-ties-to the cast and 120 the cultural /civic to the west; 121 c. Initiate implementation of various recommendations contained within CRA 122 Redevelopment Plan related to ap-pr-o -fev-el pfnent ~; 123 d. Stimulate greater awareness of and pride in the City's architectural, historical, and 124 cultural heritage; 125 4-.-e.Ensure that redevelopment within this area, regardless of underlyingzoning oning 126 district, will maintain an appropriate development scale, and 127 ef. Improve overall livability of the general area and stabilize and improve property 128 values. 129 I 2. Defined. The 0- n--Av - -eCultural District-Overlay Zone ( ACDOZ) shall be 130 bounded on the east by the Florida East Coast Railroad (F.E.C.), on the west by Seacrest 131 Boulevard, on the south by Southeast 2nd4st Avenue, and on the north by Northeast 1st 132 133 het - - nu 134 3. Conflict. Unless deemed otherwise by the Planning& Zoning Director, lin the 135 event of any conflict between the provisions of the ai --A +eCultural District 136 Overlay Zone and any other sections of the Land Development Regulations, the 137 provisions of this section shall prevail. These provisions shall not be construed to 138 supersede any federal, state, or county laws; 139 -ening di4-ie4 140 141 4. Uses Active commercial uses shall be required on the street frontage 142 of Ocean Avenue. -4- Page 419 of 743 143 a. Uses shall be determined by the underlying zoning distfict, see "Use 144 Matfix 145 of the following prohibited uses: 146 Accesso!y Dwelling Unit 147 Dwellim4, Single- family (detached) 148 Dwellim4, Two-family (duplex) 149 Auto Dealer, Ne 150 Auto Dealer, Used 151 Automotive 152 Boat Dealer/Rental 153 Cleaning Supply Store (Swimming Pool, Janitorial) 154 Convenience 155 Gasoline Station 156 Auto Broker 157 Automobile Rental 158 Automotive, Major Repair 159 Automotive, Minor Repair 160 Automobile Rental 161 Auto/Car Wash, Self- serve B 162 Furniture 163 Auto/Car Wash (Polishing, Waxing, Detailing) 164 Showroom warehouse (single-product line) 165 Merchandise, Used (Other) 166 Merchandise,New(Supercenter, Discount, Department, Club) 167 Home hnprovement Center 168 Automotive 169Coin-operated 170 Funeral Home 171 Pet Care (Boarding and Dgycare) 172 CeIete!y 173 Church 174 Civic 175 Group homes Type 1, 11, IH, and IV 176 177 School, Prima!y and Seconda!y 178 School, Industrial & Trade 179 180 Adult entertainment 181 Tempora!y employment agency 182 Tutofing Testing 183 Pfivate 184 Social 185 b. Any other automobile-ofiented use not listed above are prohibited. 186 (1) An"automobile oriented use" shall be construed as a business 187 which has a principal purpose of servicing an automobile or consists of 188 | a buildim4 tvve or feature which is designed for an automobile. / 5- Page 420 of 743 189 c. Drive-throughs are prohibited. 190 (1) Drive-throughs may only be permitted when the drive-thru not 191 visible from any right-of-ways, and 192 (2) Drive-thrus must be designed to be completely behind a portion of 193 the building or structure it serves. 194 d. Live-work units are permitted, but may not front East Ocean Avenue or 195 Seacrest Boulevard 196 e. School, Professional & Technical 197 (1) Professional and technical schools allowed in the CDOZ are 198 limited to those that teach the culinary and visual arts. 199 f Additionally, no legally, existing use shall be deemed non-conforming as 200 a result of the CDOZ regulations. 201 &ft-2.Use--NTat-4-,x---'F-able..... 1-4 202 203 5. Modified'Building and Site Regulations-kT-&We-3-TJ-). Development within this Overlay 204 Zone,including proposed expansions and additions to existing structures shall be in accordance with the 205 building and site regulations as follows: 206 4UH���T-E-REGW�A-TWNS S*4444+1,f, Mi m -544e+ S*-A-----1-54 444e+ -20-roeC 444e+ -6- Page 421 of 743 wd,S MODIFIED BUILDING/SITE REGULATIONS' Cultural District OverlaI7 Zone Minimum Lot Area: 10,000 square feet Minimum Lot Frontage: 100 feet Pedestrian zone: Minimum street tree area': 5 feet *Measured from the back of curb Minimum sidewalk width2: 8 feet clear *Measured from the centerline of street trees Minimum active area width: 8 feet' (Applicable to Ocean Avenue, Seacrest Boulevard, *Measured from edge of the sidewalk NE/SE I't Street, and NE/SE 3 d Street frontages) Overhead utilities: Must be undergounded in conjunction with any new development or major modification of existing developments. Build-to line: Abuts the pedestrian zone Minimum building frontage 75%of the lot frontage must be occupied by (Applicable to Ocean Avenue, Seacrest Boulevard, structure adjacent to the pedestrian zone NE/SE I't Street, and NE/SE 3 d Street frontages) Maximum structure height': See CorrespondingZoning oning District Ocean Avenue 35 feet consistent for a depth of a minimum of 30 feet Seacrest Boulevard 35 feet consistent for a depth of a minimum of 10 feet. For every 50 feet above 35 feet in height an additional 10 feet stepback is required. AU properties abutting or adjacent to SE 2nd 35 feet Avenue Minimum structure height': Ocean Avenue 30 feet On-street narking: Required where possible and in accordance with the Ci 's Engineering Standards. Minimum lard setbacks: Rear: 10 feet Interior side: 0 feet4 Minimum Public Space: 1%of lot area -7- Page 422 of 743 ' No legally existing building or structure shall be deemed non-conforming with respect to setbacks,lot coverage,or building height. 2 Sidewalks shall be constructed of Holland-stone pavers,red/charcoal color mix by Paver Systems,Inc.,or equal,laid in a 4S herringbone pattern s Canoe trees 1 per 25 feet 4Minimum interior side setback and maximum height standards may require reductions when adjacent to registered historic structures. 5 Permanent structures such as columns,balconies, and walls are not permitted within the required active area. 208 Pedestrian Zone Requirements 6 I c 09 I m� $,� p Sidewalk Active area Yi U#7 m Streat tree area ___,_...._._...._.._ ......... .........tg .,, 209 s Page 423 of 743 Building Mass Maximum Height consistent for 36' Per Zoning District Maximum Height 35, 210 211 � istiaa49&aaa �ae ' 1i aaiaatha s a. .a.. : 212 4uil&1 -441 m=_... 213 +4ae tae 4 d444 s-ffe-fen• - ; I-C- k-& -544-fee+ 0pa a ETC4"-�le 214l�aea lea aad s aha a itla�s a 44a..: isad s; la� a= ci d...s alp r11 215 44-kiet, 216 ala sai�aisa . ... s ...isaaar sal rll1 iii �ts 3 44-544b ssl 217e-07 218 tlae1 sss 219 -----6. Accessory Structures. 220 a.---------$ ----Fences: 221 (1) Fences-along the fFent of t4e ^°-^^^�street frontages are not permitted on 222 East Ocean Avenue or Seacrest Boulevard. 223 (2) Fences along any street frontage shall not exceed three (3)feet in height. 224 (3) Any fence that is proposed in the remainder of the District eve+, shall be 225 decorative in nature 226 chain link, board on board, shadowbox, and similar types of fences are expressly 227 prohibited. 228 229 i%.b. --------- All parking, mechanical equipment, trash containers, and miscellaneous 230 equipment shall be landscaped to be screened from view. 231 07. Building Design. 232 a. Buildings in the Cultural District Overlay Zone(CDOZ) shall reflect a Coastal Village std -9- Page 424 of 743 233 of architecture,consisting primarily of hip and/or gable roof,rectilinear forms with 234 stepbacks,porches, and building articulation. This style derives its character from various 235 elements associated with the Key West Vernacular and Bungalow s_tyles of architecture 236 found throughout South Florida. Overhangs for pedestrian canopies and visual interest 237 should be incorporated whenever possible. Overhead structuresatgwys, and arches,help 238 define space,provide pedestriang „� comfort, and reinforce character and identity. gg 239 _.,.,.,.,.,.---$ ..,.,. _� $=r, r�„a,.,,.y�-xaN°9-4�t�- E-'°v°1`�i-v"'v�ro:.�"�r°—"..r��-ro�-m"sv--�vr"�ra'µa�—� �-c�-a=ri: °sx' =`:s�- 4 240 241 242 243ts.. j 244structures shall be constructed with the pedestrian 245 building entriesy oriented towards the street and shall be sensitive to the scale, 246 massing and design envisioned in the CRA Redevelopment Plan . 247 -4,q. 248 b. Additions and Modifications to Existing Buildings-,and-,` + mss. All building additions 249 shall be sensitive to the original building design relative to the architectural style,building 250 materials/components and treatments, and proportions. � � i &s, � t -a 251 98s �i ... c fats =� tall .. ..aiacla , :..€ =she 1i4ag 252 aaa gag , tili paea4.. aiaa � at iihaala 253 4e dssaili a ::..€ =the cafe; airaat.m 254 255 sty ' to �a ee ila xr' rta i4aa ti ...sha 4 256 257 .. ail yah .ga , s� ashf ,i fa �a lea &aia gra =she 258 259 ahaaaatlaia4...aa�i� i � ;aiae .. tsaiidtg�i =ahelai ta �� ....a s 260araa ..: asa4: 261 C. Fenestration Reguirements Ground-level building facade occupied by transparent window or door openings (minimum area) Commercial Mixed-Use Residential Street Frontage Developments (%) Development Ocean Avenue 502 SE 2nd Avenue 30 Seacrest Boulevard 502 30' NE/SE lgt Street 502 NE/SE 3�d Street 502 NOTES: 1. These standards also apply to M portion of a Bound-level facade facie ag couLtyard or ap tio. 2. To count toward this transparency requirement, a window or door opening must have a maximum sill height of 2 feet above Bade and a minimum head height of 6 feet, 8 inches above rg ade. 262 - to- Page 425 of 743 263 (1) Any transparent window and door openings occupying a ground-level 264 street-facing building facade shall comply with the following standards: 265 i. The opening shall be filled with glazing that has a minimum 266 visible light transmittance of 75 percent and a maximum reflectance 267 of 15 percent. 268 ii. The opening shall be designed to allow view of an interior space 269 at least five feet deep (e.g., transparent openings may include 270 traditional storefront display windows, but not merely glass display 271 cases).The view into a commercial use shall not be permanently 272 obstructed by screens, shades, shutter, or opaque films applied to 273 the glazing. 274 275 d. RESERVED-Architectural Guidelines: Coastal Village 276 277 8.4Parking. 278 a. Minimum Number of Required Spaces. The minimum number of required off- 279 street parking spaces shall be calculated in accordance with Chapter 4, Article V, 280 Section 2 above; however, the total number of required spaces may be reduced by 281 I up to fifty percent (50%) for all new developments, excluding residential 282 projects. When two (2) or more adjacent property owners combine their off-street 283 parking in accordance with the code and construct a shared parking facility with 284 common access drives, the total number of required off-street parking spaces may 285 be reduced by an additional ten percent (10%). 286 287 b. Allowable Location of Off-Street-Parking Spaces. 288 LL_The intent of the CIDOZ is to screen off-street parking areas from abutting 289 rights-of-way and locate buildings along front and side corner property lines. T-4. 290 °94herefore, on-site-- _ ai _ _ t __._parking areas shall be 291 located within rear and side interior yards for all new projects and those in which 292 parking areas would be altered to accommodate a proposed building renovation 293 or expansion. 294 { 2 E-P_xisting parking areas for existing developments may remain if 295 the spaces are unaltered as part of any building renovation or expansion. In these 296 instances, the existing off-street parking area shall be substantially screened 297 from off-premises by a hedge, decorative fencing, arcades, or a combination 298 thereof, provided that such proposal remains consistent _ _ °� 299 _ 1 .with the intent of the CIDOZ, and to the standards of the 300 urban landscape code to the maximum extent possible. Any deviation from the 301 above standards would require the approval of a waiver in accordance 302 with Chapter 2. Article II, Section 4.E. 303 I 3 If one hundred percent (100%) of the required off-street parking spaces 304 cannot be provided on-site, they may be provided at an off-site location provided 305 the following conditions are met: 1)the proposed location is not farther than five 306 hundred (500) feet from the subject property as measured by a straight line from 307 a point on the boundary of the property to the closest boundary line of the 308 I property to be leasedoand 2) the off-site location is owned or leased by the - 11- Page 426 of 743 309 owner or operator of the subject business or property owner. _. 310 _ _ € _ ° r"°�°f�" The parent business 311 property shall be posted with signage indicating the location of the off-site 312 parking spaces. All spaces provided by the property/business owner on and off- 313 site shall be maintained as unreserved, unrestricted parking available to the 314 public, except designated handicap spaces required by law. 315 C. Exceptions to Providing Required Parking. See Chapter 4, Article V, Section 4.A. 316 for additional provisions regarding exceptions to providing required off-street 317 parking. 318 319 na ,... nage . .e std xSee...�9a� e� 320 r- t4ations ate: mc4aa rec tg-e, 321 9.-;gym Signage and Exterior Lighting Standards. 322 a. Signs allowed within the Cultural District _. _ _ Overlay Zone shall be 323 externally illuminated only, and be limited to c y i= =;:n_ tea;-qty -' e 324 _ woe-449r- : _ _., wall mounted, and/ projecting signs. 325 b. The size of wall mounted signs shall be calculated at one-half(0.5) square foot 326 of sign area per one (1) lineal foot of building frontage measured along the main 327 building entrance. 328 I C. Projecting signs are only permitted on the first floor. Projecting signs and 329 mounting brackets shall be decorative in nature, and the sign face shall not exceed 330 -s° --five (5 ) square feet in size. 331 d. Undercanopy signs are permitted one per doorway and shall not exceed 3 332 square feet each. All undercanopy signs must have a minimum clearance of 8' 333 e. A-frame signs are permited when included and reviewed as a part of an overall 334 Sign Program. 335 f. Prohibited sign types: Freestanding signs, roof mounted signs, any signs above 336 35 feet (first 3 stories), animated, or moving signs. 337 9. All Mixed-use developments are required to provide a plan for parking signage 338 to maximize awareness of and access to public parking locations. 339 h. General lighting of the site shall harmonize with and blend into 340 residential/mixed use environment. Ground lighting and up lighting of the building 341 and landscaping is encouraged. However, when the use of pole lighting is necessary, 342 the fixture height shall not exceed fifteen (15)feet, be decorative in nature and 343 compatible with the color and architecture of the building. 344 345 346 Section 4. Chapter 3, Article IV, Use Regulations, D. Use Matrix (Table 3- 347 28), Footnotes of the Land Development Regulations, is hereby amended by adding the 348 words and figures in underlined type, as follows: 349 D. Use Matrix (Table 3-28). - 12- Page 427 of 743 350 Footnotes 351 I 18. 0eean-Avenue.Cultural District Overlay Zone. 352 a. This use is allowed in this zoning district only when proposed on a lot located 353 within the Cultural District- Overlay Zone (CD04OZ). r 4 354 355 ,,., r,wc , 356 ii a1 �le 357 358 359 360 4,...... - '° __ala i... a o 1 4 ,� A 7are.-Itho` hat 361 g , c� 362 363 364 365 Section 5. Chapter 4, Site Development Standards, Article V, Minimum Off- 366 Street Parking Requirements, Section 4, of the Land Development Regulations, is hereby 367 amended by adding the words and figures in underlined type, as follows: 368 Sec. 4. Exceptions to Providing Required Off-Street Parking. 369 A. Adaptive Re-Use. 370 1. Applicability. The following described areas shall be eligible for specific parking 371 reductions based upon adaptive re-use, including modifications, of existing buildings: 372 I a. 0x Cultural District Overlay Zone (0 , "-CDOZ ), as defined in 373 Chapter 3, Article III, Section 8.D. 374 b. No additional parking shall be required where: 375 (1) The structure is enlarged in a manner not exceeding a cumulative total of 376 one hundred percent(100%) of the existing gross floor area; or 377 (2) The capacity of the structure is increased by adding subordinate dwelling 378 units or floor area within the existing building envelop; or 379 (3) The use of a structure is changed; or 380 (4) The number of seats for eating and drinking establishments is increased by 381 up to fifty percent(50%) of the existing total or up to forty (40) seats are 382 provided where the previous use had none. 383 384 Section 6. Should any section or provision of this Ordinance or any portion 385 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall - 13- Page 428 of 743 386 not affect the remainder of this Ordinance. 387 Section 7. Authority is hereby given to codify this Ordinance. 388 Section 8. This Ordinance shall become effective immediately. 389 FIRST READING this day of , 2017. 390 SECOND, FINAL READING AND PASSAGE this day of 391 2017. 392 CITY OF BOYNTON BEACH, FLORIDA 393 394 YES NO 395 396 Mayor— Steven B. Grant 397 398 Vice Mayor—Justin Katz 399 400 Commissioner—Mack McCray 401 402 Commissioner—Christina L. Romelus 403 404 Commissioner—Joe Casello 405 406 VOTE 407 ATTEST: 408 409 410 411 Judith A. Pyle, CMC 412 City Clerk 413 414 (Corporate Seal) - 14- Page 429 of 743 `t DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING f. Memorandum 7- : Chair and Members Planning&Development Board FROM: Amanda Bassiely ' Senior Planner—Jr .an Designer THRU: Michael Rumpft"��I Planning and Zoning Director ATE: March 13, 2017 Amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 2, 3 and 4 to continue the implementation of the Community Redevelopment Plan with the establishment of the new Cultural District Overlay Zone and the Bourton Beach Blvd Overlay Zone regulating site development standards, uses, and urban design standards. OVERVIEW The rewrite of the City's land development regulations (LDR) in late 2010 allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post-adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process,updates and amendments to the LDR for one or more of the following reasons: 1. Furthering business and economic development initiatives; 2. Advancing sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. The proposed amendments would continue the implementation of the newly adopted CRA Community Redevelopment Plan. Page 430 of 743 EXPLANATION The Boynton Beach CRA Community Redevelopment Plan was adopted on October 4th, 2016. Comprehensive implementation of the Plan will require a full"audit" and subsequent revisions of existing zoning and other land development regulations, to be completed by the end of 2017. However, some recommendations have immediate application to pending development projects and will therefore be implemented incrementally as needed. These recommendations include overlay zones intended to provide specific requirements pertaining to scale, design, and architecture for two geographic areas. The requirements modify some of the regulations of their underlying zoning districts. Proposed Cultural District Overlay Zone The Cultural District Overlay Zone (CDOZ) encompasses the entire Cultural District, bounded on the east by the Florida East Coast Railroad (F.E.C.), on the west by Seacrest Boulevard, on the south by Southeast 2nd Avenue, and on the north by Northeast 1st Avenue. The Cultural District is envisioned to be the principal hub for the City's civic uses, public spaces and events. Since this area is essential to exhibiting and experiencing Boynton Beach's unique character, setting the appropriate scale, design, and architecture is crucial to its success. There is currently an "Ocean Avenue Overlay Zone" on a portion of the District. The proposed amendments revise the existing overlay to be consistent with the vision outlined in the CRA Plan. The proposed overlay zone enables further regulations to specifically address the goals of the District. The amendments focus on the four key areas: 1. Uses The overlay restricts specific uses that are not consistent with the goals of the district; most notably, it prohibits auto-oriented uses to promote pedestrian-friendly environment. At the same time, staff recognizes that there are existing uses that may not comply with the proposed standards. The overlay regulations specify that no such uses shall be deemed non-conforming. 2. Site Development Standards This section modifies the Site Development Standards of each underlying zoning district. The amendments comprise the requirement for a"pedestrian zone" along major roadways to include regulations on street trees, sidewalks, and active areas as well as street frontages, maximum and minimum building heights, build-to-lines, and setbacks. 3. Building design/Architecture The proposed overlay utilizes, preserves and enhances the existing architectural character of the District by implementing building design standards. Buildings within the Cultural District Overlay Zone should reflect a Coastal Village style of architecture, consisting primarily of hip and/or gable roofs, rectilinear forms with stepbacks, porches, and -2- Page 431 of 743 building articulation. This style derives its character from various elements associated with the Key West Vernacular and Bungalow styles of architecture, found throughout Boynton Beach and South Florida. Overhangs for pedestrian canopies and visual interest should be incorporated whenever possible. Overhead structures such as gateways and arches help define space, provide pedestrian comfort, and reinforce character and identity. New structures will be constructed with the pedestrian building entries oriented towards the street, and will be sensitive to the scale, massing and design envisioned in the CRA Redevelopment Plan. 4. Signage and Exterior Lighting Standards The overlay permits wall signs, limited projecting signs, undercanopy signs, and decorative pedestrian and street lighting. The proposal also requires all mixed-use developments to provide a clear plan for parking signage. Proposed Boynton Beach Boulevard Overlay Zone Prior to its inclusion in the 2016 CRA Community Redevelopment Plan, Boynton Beach Boulevard did not have an adopted plan to help guide the development of the area. The Boulevard should acts as a welcoming and attractive entry to the City and as the entry to the City's Downtown. The CRA Plan recommends the Mixed Use Low, Mixed Use Medium, and Mixed Use High Future Land Use classifications along the boulevard, increasing in intensity as the District approaches Downtown. The overall intent of the overlay is to encourage the location of restaurant, retail, office, and entertainment establishments, along with pedestrian-friendly improvements that would complement and support the Downtown. The overlay also strives to maintain a consistent character while improving overall livability of the general area and stabilizing/improving property values. The Boynton Beach Boulevard Overlay Zone (BBBOZ) will encompass the length of Boynton Beach Boulevard, bounded on the east by the Florida East Coast Railroad (F.E.C.), on the west by I-95, on the south by Northeast and Northwest 1 st Avenue, and on the north by Northeast and Northwest 3rd Avenue and Northwest 3rd Court. The proposed BBBOZ is generally outlined in the same manner as the CDOZ; it addresses four key areas: 1. Uses The proposed overlay restricts specific uses that are not consistent with the goals of the district and further regulate locations of certain other uses. For example, in an effort to preserve an attractive and pedestrian-friendly streetscape, drive-through uses are permitted only when completely screened from the right-of-way. Staff recognizes that there are existing uses that may not comply with the proposed standards. The overlay regulations specify that no existing use shall be deemed non-conforming. 2. Site Development Standards -3 - Page 432 of 743 This section modifies the Site Development Standards of each underlying zoning district. Similarly to the CDOZ, the amendments include the requirement of a "pedestrian zone" along major roadways. Also included are regulations on street frontages and build-to- lines to maximize the appearance of a `street wall', maximum and minimum building heights to create consistency over the varying land uses, and stepbacks and setbacks to protect adjacent neighborhoods and public areas. 3. Building design/Architecture The design portion of the BBBOZ focuses on Urban Design's standards that ensure buildings are oriented towards Boynton Beach Boulevard and require building fenestrations and wall articulation. 4. Signage and Exterior Lighting Standards The BBBOZ builds on the CDOZ by allowing monument signs on prominent parcels along Boynton Beach Boulevard. Signs' height, area and orientation are regulated to ensure they are compatible with the District's goals. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to further implement the CRA Community Redevelopment Plan and to support continued quality development and redevelopment of the area. Attachments S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 17-001 CDOZ\Staff Report Draft-CDOZ BBBOZ.doc -4- Page 433 of 743 Exhibit A: Cultural District Overlay Zone Boundary -5 - Page 434 of 743 N a o Z m W p Zcull a O N p a �c a W O N H V � a N � W Z J J BGS .N V Exhibit B : Proposed Cultural District Overlay Zone Code Amendments Page 436 of 743 Part III LDR Chapter 3.Zoning Article III Zoning Districts and Overlay Zones Sec. 8. Overlay Zones. D. _ ? Cultural District Overlay Zone 1. Purpose and Intent. The Cultural District Overlay Zone ( CDOZ) is comprised of multiple properties .. and a mix e- -1- .. of zoning districts that currently accommodates residential (single-, two-and multi-family), commercial, and institutional land uses. The CRA Redevelopment Plan recommends the Mixed Use Medium Future Land Use Classification for a majority of the District, which allows a maximum density of fifty (50) dwelling units per acre.-K-& , ,` :r-t ;7 ,� ,+,° -The remainder of the District is recommended for the Mixed use High Future Land Use Classification and the corresponding maximum density of 80 dwelling units per ac "pf { � .. J k -�.rr xrr�.-ea°crr.�w-ey-?rrerrr-zs-�..• x-7 purpose and intent of the CD OZ are as follows: a. Provide for a mix of selected commercial, residential, office, and entertainment uses and activities, with an emphasis on arts and cultural ventures that will encourage the adaptive re- use of existing buildings, restoration of historic structures, and maintain and further enhance the pedestrian scale and historic character s..-4e of the area; b. Encourage the location of specialty retail, artist related uses and entertainment establishments, along with-pedestrian-friendly improvements 4++,a�°., �� s that would complement and support relationships between the downtown district and marina/waterfront attractions afK-1--e .. R 1`TP'&' ,fC.•J" l'"� s r _J .X�'�."� t'"� rt YPT� ^° te4r-^�t- �{- � ^��to the cast and the cultural/civic campusa4-4t 49 to the west; c. Initiate implementation of various recommendations contained within CRA Redevelopment Plan related to e- vf�err ; d. Stimulate greater awareness of and pride in the City's architectural, historical, and cultural heritage; d-e.Ensure that redevelopment within this area, regardless of underlying zoning .. f .. district,will maintain an appropriate development scale; and ef. Improve overall livability of the general area and stabilize and improve property values. 2. Defined.The Cultural District-Overlay Zone ( CDOZ) shall be bounded on the east by the Florida East Coast Railroad (F.E.C.), on the west by Seacrest Boulevard, on the south by Southeast 2nd4."' Avenue, and on the north by Northeast 1st Avenue,"" ., - Page 437 of 743 Orv�tFr, r+ + tF 11 � +F II tFn r+ � + n ` `+� 3. Conflict. Unless deemed otherwise by the Planning &Zoning Director,din the event of any conflict between the provisions of the .. - Cultural District Overlay Zone and any other sections of the Land Development Regulations, the provisions of this section shall prevail.These provisions shall not be construed to supersede any federal, state, or county laws; and eF aRY FeZeRiRg e{ 4. Uses-Ad �. Active commercial uses shall be required on the street frontage of Ocean Avenue. a. Uses shall be determined by the underlying zoning district, see "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D, with the exception of the following prohibited uses: Accessory Dwelling Unit Dwelling, Single-family (detached) Dwelling,Two-family(duplex) Auto Dealer, New Auto Dealer, Used Automotive Parts Store Boat Dealer/Rental Cleaning Supply Store (Swimming Pool,Janitorial) Convenience Store Gasoline Station Auto Broker Automobile Rental Automotive, Major Repair Automotive, Minor Repair Automobile Rental Auto/Car Wash, Self- serve Bay Furniture & Home furnishing Auto/Car Wash (Polishing, Waxing, Detailing) Showroom warehouse (single-product line) Merchandise, Used (Other) Merchandise, New (Supercenter, Discount, Department, Club) Home Improvement Center Automotive Window Tinting/Stereo Installation/Alarms Coin-operated Laundry Funeral Home Pet Care (Boarding and Daycare) Cemetery Church Civic & Fraternal Club/Organization Group homes Type I, II, III, and IV College, Seminary, University School, Primary and Secondary School, Industrial &Trade Shooting Range, Indoor Adult entertainment Temporary employment agency Tutoring or Testing Center Page 438 of 743 Private Parking Lots Social service agency b. Any other automobile-oriented use not listed above are prohibited. (1) An "automobile oriented use" shall be construed as a business which has a principal purpose of servicing an automobile or consists of a building type or feature which is designed for an automobile. c. Drive-throughs are prohibited. (1) Drive-throughs may only be permitted when the drive-thru not visible from any right-of-ways; and (2) Drive-thrus must be designed to be completely behind a portion of the building or structure it serves. d. Live-work units are permitted, but may not front East Ocean Avenue or Seacrest Boulevard e. School, Professional &Technical (1) Professional and technical schools allowed in the CDOZ are limited to those that teach the culinary and visual arts. f. Additionally, no legally, existing use shall be deemed non-conforming as a result of the CDOZ regulations. amsn�+ ,�I�, ��f C�,,�+E„ , H}E er r mmmmm m-m r -- cte r ra m mmmm.mmmmmmmmmmmm z Page 439 of 743 -------5. Modified Building and Site Regulations _. .: . Development within this Overlay Zone, including proposed expansions and additions to existing structures shall be in accordance with the building and site regulations as follows: o r+ , 04 MODIFIED BUILDING/SITE REGULATIONS' Cultural District Overlay Zone Minimum Lot Area: 10,000 square feet Minimum Lot Frontage: 100 feet Pedestrian zone: Minimum street tree area': 5 feet *Measured from the back of curb Minimum sidewalk width': 8 feet clear *Measured from the centerline of street trees Page 440 of 743 Minimum active area width: 8 feet' (Applicable to Ocean Avenue, Seacrest Boulevard, *Measured from edge of the sidewalk NE/SE 15T Street, and NE/SE 3rd Street frontages) Overhead utilities: Must be undergrounded in conjunction with any new development or major modification of existing developments. Build-to line: Abuts the pedestrian zone Minimum building frontage 75% of the lot frontage must be occupied by (Applicable to Ocean Avenue, Seacrest Boulevard, structure adjacent to the pedestrian zone NE/SE 15T Street, and NE/SE 3rd Street frontages) Maximum structure height': See Corresponding Zoning District Ocean Avenue 35 feet consistent for a depth of a minimum of 30 feet Seacrest Boulevard 35 feet consistent for a depth of a minimum of 10 feet. For every 50 feet above 35 feet in height an additional 10 feet stepback is required. Any properties abutting or adjacent to SE 2nd 35 feet Avenue Minimum structure height': Ocean Avenue 30 feet On-street parking: Required where possible and in accordance with the City's Engineering Standards. Minimum yard setbacks: Rear: 10 feet Interior side: 0 feet4 Minimum Public Space: 1%of lot area 1 No legally existing building or structure shall be deemed non-conforming with respect to setbacks, lot coverage, or building height. z Sidewalks shall be constructed of Holland-stone pavers, red/charcoal color mix by Paver Systems, Inc., or equal, laid in a 4S herringbone pattern 3 Canopy trees are required 1 per 25 feet 4 Minimum interior side setback and maximum height standards may require reductions when adjacent to registered historic structures. 'Permanent structures such as columns, balconies, and walls are not permitted within the required active area. Page 441 of 743 Pedestrian Zone Requirements cl ®g -2 -6 Sidewa* Active area 5................................... Street tree area Building Mass MaxOmm Helgll CoMistentfor 30' ---------------------------------------------------------------------------------- Per Zoning District Maximum Height 35' it Page 442 of 743 taC"K ;LS".. -•-6. Accessory Structures. a. -"----- , Fences: (1) Fences-along+H..fFeRt of the pE p...+.,street frontages are not permitted on East Ocean Avenue or Seacrest Boulevard.4is°:e -ev� (2) Fences along any street frontage shall not exceed three (3) feet in height. L�LAny fence that is proposed in the remainder of the District 4&we„°�, shall be decorative in nature.," ;a �' �ry* d *��r -t�'t , Walls, chain link, board on board, shadowbox, and similar types offences are expressly prohibited. ";b.---------- All parking, mechanical equipment, trash containers, and miscellaneous equipment shall be landscaped to be screened from view. ----47. Building Design. a. Buildings in the Cultural District Overlay Zone (CDOZ) shall reflect a Coastal Village style of architecture, consisting primarily of hip and/or gable roof, rectilinear forms with stepbacks, porches, and building articulation. This style derives its character from various elements associated with the Key West Vernacular and Bungalow styles of architecture found throughout South Florida. Overhangs for pedestrian canopies and visual interest should be incorporated whenever possible. Overhead structures gateways, and arches, help define space, provide pedestrian comfort, and reinforce character and identity. , New structures shall be constructed with the pedestrian building entriesy oriented towards the street and shall be sensitive to the scale, massing and design envisioned in the CRA Redevelopment Plan sty b. Additions and Modifications to Existing Buildings -1 *F w:*' -e . All building additions shall be sensitive to the original building design relative to the architectural style, building materials/components and treatments, and proportions. ' rJ Re,4ab'4t-a t'•e=�r{e..,�� r^w t- (�, rt'€ t t-�n r' r�'. # �n• -r('t.r nEr°-rh rs t.{tee e� Page 443 of 743 t rs ., vet^r n€�"P'*C�`' 'Y'Z I" �YrR.TY �"'TCJ"c.."P'T'�T I VY'1Y P Y�Y'!C o"IR'��'P'R'CX'C.1`C.a-f-e�•,r� -. 'e�, '-e.- '.r+ n. �r I-e+n,�.'J r C. Fenestration Requirements Ground-level building facade occupied by transparent window or door openings (minimum area) Commercial Mixed-Use Residential Street Frontage Development Developments (%) a Ocean Avenue 502 SE 2nd Avenue 30 Seacrest Boulevard .0 2 301 NE/SE 15T Street 502 NE/SE 3rd Street 502 NOTES: 1.These standards also apply to any portion of a ground-level facade facing a courtyard or patio. 2.To count toward this transparency requirement, a window or door opening must have a maximum sill height of 2 feet above grade and a minimum head height of 6 feet, 8 inches above grade. (1) Any transparent window and door openings occupying a ground-level street-facing building facade shall comply with the following standards: i. The opening shall be filled with glazing that has a minimum visible light transmittance of 75 percent and a maximum reflectance of 15 percent. ii. The opening shall be designed to allow view of an interior space at least five feet deep (e.g., transparent openings may include traditional storefront display windows, but not merely glass display cases).The view into a commercial use shall not be permanently obstructed by screens, shades, shutter, or opaque films applied to the glazing. d. RESERVED-Architectural Guidelines: Coastal Village 8.- Parking. a. Minimum Number of Required Spaces. The minimum number of required off-street parking spaces shall be calculated in accordance with Chapter 4, Article V, Section 2 above; however, the total number of required spaces may be reduced by up to fifty percent (50%)for all new developments, excluding „I+, -residential projects. When two (2) or more adjacent property owners combine their off-street parking in accordance with the code and construct Page 444 of 743 a shared parking facility with common access drives, the total number of required off-street parking spaces may be reduced by an additional ten percent (10%). b. Allowable Location of Off-Street-Parking Spaces. LLLThe intent of the CD OZ is to screen off-street parking areas from abutting rights-of- way and locate buildings along front and side corner property lines. T- . ` herefore, on- site --parking areas shall be located within rear and side interior yards for all new projects and those in which parking areas would be altered to accommodate a proposed building renovation or expansion. 2 E-existing parking areas for existing developments may remain if the spaces are unaltered as part of any building renovation or expansion. In these instances,the existing off-street parking area shall be substantially screened from off-premises by a hedge, decorative fencing, arcades, or a combination thereof, provided that such proposal remains consistent with the intent of the CD OZ, and to the standards of the urban landscape code to the maximum extent possible. Any deviation from the above standards would require the approval of a waiver in accordance with Chapter 2. Article II, Section 4.E. }3 If one hundred percent (100%) of the required off-street parking spaces cannot be provided on-site,they may be provided at an off-site location provided the following conditions are met: 1)the proposed location is not farther than five hundred (500)feet from the subject property as measured by a straight line from a point on the boundary of the property to the closest boundary line of the property to be leased, and 2)the off-site location is owned or leased by the owner or operator of the subject business or property ownThe parent business property shall be posted with signage indicating the location of the off-site parking spaces. All spaces provided by the property/business owner on and off-site shall be maintained as unreserved, unrestricted parking available to the public, except designated handicap spaces required by law. c. Exceptions to Providing Required Parking. See Chapter 4, Article V, Section 4.A.for additional provisions regarding exceptions to providing required off-street parking. ----------- 9.40, Signage and Exterior Lighting Standards. a. Signs allowed within the Cultural District Overlay Zone shall be externally illuminated only, and be limited to,i �t .t 4_, a °*��°ra ' * �£ 'C wall mounted, and projecting signs. b. The size of wall mounted signs shall be calculated at one-half(0.5) square foot of sign area per one (1) lineal foot of building frontage measured along the main building entrance. c. Projecting signs are only permitted on the first floor. Projecting signs and mounting brackets shall be decorative in nature, and the sign face shall not exceed five (5 ) square feet in size. d. Undercanopy signs are permitted one per doorway and shall not exceed 3 square feet each. All undercanopy signs must have a minimum clearance of 8' e. A-frame signs are permited when included and reviewed as a part of an overall Sign Program. f. Prohibited sign types: Freestanding signs, roof mounted signs, any signs above 35 feet (first 3 stories), animated, or moving signs. Page 445 of 743 g. All Mixed-use developments are required to provide a plan for parking signage to maximize awareness of and access to public parking locations. h®General lighting of the site shall harmonize with and blend into residential/mixed use environment. Ground lighting and up lighting of the building and landscaping is encouraged. However, when the use of pole lighting is necessary, the fixture height shall not exceed fifteen (15) feet, be decorative in nature and compatible with the color and architecture of the building. Page 446 of 743 i Part III LDR Chapter 3 Zoning Article IV Use Regulations D. Use Matrix(Table 3-28). Footnotes 18. ea++r Cultural District Overlay Zone. a. This use is allowed in this zoning district only when proposed on a lot located within the Cultural District- .. + -� Overlay Zone (CD OZ). 'c�--'........'ere r`p`- �srri".. `-r-ac--r".,.r-r'"..`�a�s=r,:rr-cA•vrc "ii a-�rp �J "'PC Y J w 'YC."LAC�"Crv..'1`Y'YCg2 .. I•. Page 447 of 743 Part III LDR Chapter 4 Site Development Standards Article V Minimum Off-Street Parking Requirements Sec. 4. Exceptions to Providing Required Off-Street Parking. A. Adaptive Re-Use. 1. Applicability. The following described areas shall be eligible for specific parking reductions based upon adaptive re-use, including modifications, of existing buildings: a. Cultural District Overlay Zone ( CDOZ ), as defined in Chapter 3, Article III, Section 8.D. b. No additional parking shall be required where: (1) The structure is enlarged in a manner not exceeding a cumulative total of one hundred percent (100%) of the existing gross floor area; or (2) The capacity of the structure is increased by adding subordinate dwelling units or floor area within the existing building envelop; or (3) The use of a structure is changed; or (4) The number of seats for eating and drinking establishments is increased by up to fifty percent (50%) of the existing total or up to forty(40) seats are provided where the previous use had none. Page 448 of 743 Exhibit C: Boynton Beach Boulevard Overlay Zone B oundary Page 449 of 743 � p---------- 77�� OC a 0 ID z 4S PUZ 3N (Y)0 Q Q w Q 'IT c4- m O W Mu 0 o Z W o Q z W N 0 a N A1e 4s JOBOS N o a o oc W > O 4s V;1, ms � d > a J N m _ Z � V � a W y m Z O H Z 4S 449 MN O m 96 9484saa 1 Exhibit D: Boynton Beach Boulevard Overlay Zone Code Amendments Page 451 of 743 Part III LDR Chapter 3.Zoning Article III Zoning Districts and Overlay Zones Sec. 8. Overlay Zones. F. Boynton Beach Boulevard Overlay Zone 1. Purpose and Intent.The Boynton Beach Boulevard Overlay Zone (BBBOZ) is comprised of multiple properties and a mix of zoning districts that currently accommodates primarily commercial, residential (single-family), and institutional land uses. The CRA Redevelopment Plan recommends the Mixed Use Low, Mixed Use Medium, and Mixed Use High Future Land Use Classification along Boynton Beach Boulevard, increasing in intensity as the District approached Downtown. The purpose and intent of the BBBOZ are as follows: a. Provide for a mix of selected commercial, residential, and office uses,with an emphasis on employment and entertainment uses that will encourage redevelopment of underutilized property and enhance the pedestrian scale and character of the area; b. The western area is to act as a welcoming and attractive entry to the City, while the eastern area is to act as the entry to the City's Downtown; c. Encourage the location of restaurant, retail, office, and entertainment establishments, along with pedestrian-friendly improvements that would complement and support the Downtown. d. Continue implementation of various recommendations contained within CRA Redevelopment Plan related to; e. Ensure that redevelopment within this area, regardless of underlying zoning district, will maintain a consistent character; and f. Improve overall livability of the general area and stabilize and improve property values. 2. Defined.The Boynton Beach Boulevard Overlay Zone (BBBOZ) shall be bounded on the east by the Florida East Coast Railroad (F.E.C.), on the west by NW 5th Street,further by Interstate 95, on the south by NE and NW 15t Avenue, and on the north by NE 3rd Avenue and NW 3rd Court. 3. Conflict. Unless deemed otherwise by the Planning &Zoning Director, in the event of any conflict between the provisions of the Boynton Beach Boulevard Overlay Zone and any other sections of the Land Development Regulations, the provisions of this section shall prevail.These provisions shall not be construed to supersede any federal, state, or county laws 4. Uses: Active commercial uses shall be required on the street frontage of Boynton Beach Boulevard. Page 452 of 743 a. Uses shall be determined by the underlying zoning district, see "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D,with the exception of the following prohibited uses: Accessory Dwelling Unit Dwelling, Single-family (detached) Dwelling,Two-family(duplex) Auto Dealer, New Auto Dealer, Used Automotive Parts Store Boat Dealer/Rental Cleaning Supply Store (Swimming Pool,Janitorial) Convenience Store Gasoline Station Auto Broker Automobile Rental Automotive, Maior Repair Automotive, Minor Repair Automobile Rental Auto/Car Wash, Self-serve Bay Furniture & Home furnishing, unless integrated into a mixed use development Auto/Car Wash (Polishing,Waxing, Detailing) Showroom warehouse (single-product line) Merchandise, Used (Other) Merchandise, New(Supercenter, Discount, Department, Club) Home Improvement Center Automotive Window Tinting/Stereo Installation/Alarms Coin-operated Laundry Funeral Home Pet Care (Boarding and Daycare) Cemetery Church Civic & Fraternal Club/Organization Group homes Type I, II, III, and IV College, Seminary, University School, Primary and Secondary School, Industrial &Trade Shooting Range, Indoor Adult entertainment Temporary employment agency Social service agency All Industrial Uses b. Any other automobile-oriented use not listed above are prohibited. (1) An "automobile oriented use" shall be construed as a business which has a principal purpose of servicing an automobile or consists of a building type or feature which is designed for an automobile. c. Drive-throughs are prohibited. (1) Drive-throughs may only be permitted when the drive-thru not visible from any right- of-ways; and Page 453 of 743 (2) Drive-throughs must be designed to be completely behind a portion of the building or structure it serves. d. Live-work units are permitted, but may not front Boynton Beach Boulevard or Seacrest Boulevard. e. Additionally, no legally, existing use shall be deemed non-conforming as a result of the BBBOZ regulations. Page 454 of 743 5. Modified Building and Site Regulations. MODIFIED BUILDING/SITE REGULATIONS' Boynton Beach Boulevard Overlay Zone Minimum Lot Area: 0.75 acre Minimum Lot Frontage: Boynton Beach Boulevard 150 feet Pedestrian zone: Minimum street tree area': 5 feet *Measured from the back of curb Minimum sidewalk width': 8 feet clear *Measured from the centerline of street trees Minimum active area width: 8 feet4 (Applicable to Boynton Beach Boulevard and *Measured from edge of the sidewalk Seacrest Boulevard street frontages) Overhead utilities: Must be undergrounded in conjunction with any new development or major modification of existing developments. Build-to line: Abuts the pedestrian zone Minimum building frontage: 75% of the lot frontage must be occupied by (Applicable to Boynton Beach Boulevard, Seacrest structure adjacent to the pedestrian zone Boulevard Maximum structure height: See Corresponding Zoning District Boynton Beach Boulevard and Seacrest 45 feet Boulevard Any additional height permitted by the zoning districts must be stepped back proportionately to the overall height, a minimum of 10' and for every 50 feet above 45 feet in height6 an additional 10 feet stepback is required. Minimum structure height: 30 feet On-street parking: Required where possible and in accordance with the City's Engineering Standards. Minimum yard setbacks: Rear: 10 feet Abutting NW 1"Avenue, NE 3rd Avenue, NW 20 feet 3rd Avenue: The rear property line shall contain a continuous vegetative buffer. Interior side: 0 feet Minimum Public Space: 1%of lot area ' No legally existing building or structure shall be deemed non-conforming with respect to setbacks, lot Page 455 of 743 coverage, or building height. z Sidewalks shall be constructed of Holland-stone pavers, red/charcoal color mix by Paver Systems, Inc., or equal, laid in a 4S herringbone pattern. 3 Canopy trees are required 1 per 25 feet. 4 Permanent structures such as columns, balconies, and walls are not permitted within the required active area. Pedestrian Zone Requirements �I p mi I 0 S+dewaik Active area SOW tree area 6. Accessory Structures. a. Fences: (1) Fences along street frontages are not permitted on Boynton Beach Boulevard or Seacrest Boulevard. (2) Fences along any street frontages shall not exceed three (3)feet in height. (3) Any fence that is proposed in the reminder of the District shall be decorative in nature. Walls, chain link, board on board, shadowbox, and similar types of fences are prohibited. b. All parking, mechanical equipment,trash containers, and miscellaneous equipment shall be landscaped to be screened from view. Page 456 of 743 7. Building Design. a. Building orientation. Lots with frontage on Boynton Beach Boulevard must orient structures to Boynton Beach Blvd. The main pedestrian entry, or front door, must be fronting Boynton Beach Boulevard. b. Boynton Beach Boulevard and Seacrest Boulevard shall have maximized glazing on first floors. Fenestration Requirements Ground-level building facade occupied by Commercial Mixed-Use Residential transparent window or door openings(minimum Developments N Development N area Boynton Beach Boulevard 502 Seacrest Boulevard301 5 02 NOTES: 1.These standards also apply to any portion of a ground-level facade facing a courtyard or patio. 2.To count toward this transparency requirement, a window or door opening must have a maximum sill height of 2 feet above grade and a minimum head height of 6 feet, 8 includes above grade. c. Any transparent window and door openings occupying a ground-level street-facing building facade shall comply with the following standards: (1) The opening shall be filled with glazing that has a minimum visible light transmittance of 75 percent and a maximum reflectance of 15 percent. (2) The opening shall be designed to allow view of an interior space at least five feet deep (e.g.,transparent openings may include traditional storefront display windows, but not merely glass display cases).The view into a commercial use shall not be permanently obstructed by screens, shades, shutter, or opaque films applied to the glazing. d. Building Wall Articulation. a. Vertical articulation. Walls shall be offset by a minimum depth of two (2)feet once ever fifty(50) linear feet. b. Horizontal Articulation. Buildings shall step-back a minimum of ten (10)feet once the structure reaches forty-five (45)feet in height. Buildings must step back an additional ten (10)feet for every additional fifty (50)feet in height; the additional required step-backs may be dispersed in varying offsets. Page 457 of 743 JNDESIR,ABLE ARCHITECTURAL VERTICAL ARTICULATION HORIZONTAL AR T ICUL,A71ON TREATMENT ADDED ADDED — PLAZA AREA CREATED IN T'�E BUILDINGS SETBACK AREA MAJORITY OF BUILDING WALL LOCATED ALONG STREET P.O.W. ` UP TO 25% OF MAJOR BUILDING FACADE MAY BE . SETBACK( FROM THE STREET 4 � j INCREASED SIDEWALK CLIP BACK BUILDING CORNER PROVIDES INTERESTING LANDMARK FEATURE PERMITTED ALLEY DESIGN AT MAJOR INT ERSZCTION BETWEEN CORNER BUILDINGS PEDESTRIAN OUT Te�RU f AT CORNER V f I " Page 458 of 743 8. Parking. a. Minimum Number of Required Spaces. The minimum number of required off-street parking spaces shall be calculated in accordance with Chapter 4, Article V, Section 2 b. Allowable Location of Off-Street Parking Spaces. (1) The intent of the BBBOZ is to screen off-street parking areas from abutting rights-of-way and locate buildings along front and side corner property lines.Therefore, on-site parking shall be located within rear and side interior yards for all new projects and those in which parking areas would be altered to accommodate a proposed building renovation or expansion. (2) Existing parking areas for existing developments may remain if the spaces are unaltered as part of any building renovation or expansion. In these instances, the existing off- street parking area shall be substantially screened from off-premises by a hedge, decorative fencing, arcades, or a combination thereof, provided that such proposal remain consistent with the intent of the BBBOZ, and to the standards of the urban landscape code to the maximum extent possible. Any deviation from the above standards would require the approval of a waiver in accordance with Chapter 2. Article II, Section 4.E. (3) New developments with a Mix Use Low Land Use classification are permitted one (1), single loaded, row of parking in front of the building. c. Exceptions to Providing Required Parking. See Chapter 4,Article V, Section 4.A.for additional provisions regarding exceptions to providing required off-street parking. 9. Signage and Exterior Lighting Standards. a. Signs permitted within the Boynton Beach Boulevard Overlay Zone shall be externally illuminated only, and consist of wall mounted, and/or a protecting sign. b. The size of wall mounted signs shall be calculated at one-half(0.5) square foot of sign area per one (1) lineal foot of building frontage measured along the main building entrance. c. Projecting signs are only permitted on the first floor. Projecting signs and mounting brackets shall be decorative in nature, and the sign face shall not exceed five (5) square feet in size. d. Undercanopy signs are permitted one per doorway and shall not exceed 3 square feet each. All undercanopy signs must have a minimum clearance of 8' e. Properties with over 250 feet of linear street frontage on Boynton Beach Boulevard are permitted one monument sign with a maximum height of five (5) feet, a maximum depth of eighteen (18) inches, and a maximum area of forty(40) square feet. Monuments signs shall be oriented perpendicular to the street. f. Prohibited sign types: Freestanding signs, roof mounted signs, any signs above 40 feet (first four (4) stories), animated, or moving signs. g. All Mixed-use developments are required to provide a plan for parking signage to maximize awareness of and access to public parking locations. h. General lighting of the site shall harmonize with and blend into residential/mixed use environment. Ground lighting and up lighting of the building and landscaping is encouraged. However, when the use of pole lighting is necessary, the fixture height shall not exceed fifteen (15)feet, be decorative in nature and compatible with the color and architecture of the building. Page 459 of 743 Exhibit E: Overlay Zone Waivers Page 460 of 743 Part III LDR Chapter 2 Article II Planning and Zoning Division Services Sec. 4. Relief Applications. E. Waiver(QfieCultural District Overlay Zone and Boynton Beach Boulevard Overlay Zone). 1. General. a. Purpose and Intent. The purpose of this subsection is to provide an efficient relief process to allow for deviations from certain requirements and standards of Chapter 3 and Chapter 4 as they pertain to the QfieCultural District Overlay Zone (GAG-Z�CDOZ ) and Boynton Beach Boulevard Overlay Zone (BBBOZ).The intent of this application is not to provide a means for circumventing any such requirement or standard but to allow for a departure from the code upon demonstration that the subject request satisfies the intent of the review criteria contained herein. b. Applicability. For property located within the CDOZ or the BBBOZ, the waiver process shall be available for deviations from any development and design standards of Chapter 3, Article III, Section 8.D. 2. Submittal Requirements. The applicant shall submit a letter that addresses the review criteria of Section 3.E.3. below, in addition to submitting any plans and exhibits required by the accompanying site plan,whenever applicable. 3. Review Criteria. The applicant shall justify each waiver request as part of the application for site plan or site plan modification. The applicant shall document the nature of the request, the extent of its departure from the standard regulation, and the basis for the request.The City may request additional information and documentation from the applicant, such as a shared-parking study, or other type of performance related analysis that further justifies the waiver request. The burden of proof shall be on the applicant to present a superior design alternative and demonstrate that the application would further the purpose and intent of the Overlay Zone and not have any detrimental impact on adjacent properties or the surrounding area. 4. Approval Process.A waiver request may be approved by staff if the subject request is reviewed concurrently with a minor site plan modification application, and such application requires administrative review pursuant to the review criteria of Section 2.F. above. Otherwise, the waiver application requires review by the City Commission and shall be processed in accordance with Chapter 2, Article 1, Section 3. 5. Denial. Upon the denial of an application for relief hereunder, in whole or in part, a period of one (1)year must elapse prior to the filing of the same or similar application affecting the same property or any portion thereof; however,this restriction shall not apply to applications which further the City's economic development, workforce housing, or green building programs. Page 461 of 743 6. Expiration. A waiver shall remain valid as long as the corresponding site plan or site plan modification approval remains in effect, or unless there is any amendment to the original waiver. Any amendment to the original approval shall require application for, and approval of, a new waiver. Page 462 of 743 9.E. PUBLIC HEARING 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17- 016 - SECOND READING - PUBLIC HEARING -Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 2 and 3 to continue the implementation of the Community Redevelopment Plan with the establishment of the new Boynton Beach Boulevard Overlay Zone regulating site development standards, uses, and urban design. (Staff requests item tabled to 8/15/17) EXPLANATION OF REQUEST: The Boynton Beach CRA Community Redevelopment Plan was adopted on October 4th, 2016. Comprehensive implementation of the Plan will require a full "audit" and subsequent revisions of existing zoning and other land development regulations. However, some recommendations have immediate application to pending development projects and will therefore be implemented incrementally as needed. These recommendations include overlay zones intended to provide specific requirements pertaining to scale, design, and architecture for two geographic areas. The requirements modify some of the regulations of their underlying zoning districts. Prior to its inclusion in the 2016 CRA Community Redevelopment Plan, Boynton Beach Boulevard did not have an adopted plan to help guide the development of the area. The Boulevard should acts as a welcoming and attractive entry to the City and as the entry to the City's Downtown. The CRA Plan recommends the Mixed Use Low, Mixed Use Medium, and Mixed Use High Future Land Use classifications along the boulevard, increasing in intensity as the District approaches Downtown. The overall intent of the overlay is to encourage the location of restaurant, retail, office, and entertainment establishments, along with pedestrian- friendly improvements that would complement and support the Downtown. The overlay also strives to maintain a consistent character while improving overall livability of the general area and stabilizing/ improving property values. The Boynton Beach Boulevard Overlay Zone (BBBOZ) will encompass the length of Boynton Beach Boulevard, bounded on the east by the Florida East Coast Railroad (F.E.C.), on the west by 1-95, on the south by Northeast and Northwest 1 st Avenue, and on the north by Northeast and Northwest 3rd Avenue and Northwest 3rd Court. The Planning and Development Board reviewed the subject item on May 23, 2017, and by a vote of 3 to 4, the motion to support the item failed. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Non-budgeted N/A ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A Page 463 of 743 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: N/A ATTACHMENTS: Type Description Ordinance approving amendments to LDRs D Ordinance establishing the new Boynton each Boulevard Overlay Zone D Staff Report Staff Report D Exhibit Exhibit A: Cultural District Overlay Zone Boundary D Exhibit Exhibit B: Proposed Cultural District Overlay Zone Code Amendments D Exhibit Exhibit C: Boynton each Boulevard Overlay Zone Boundary D Exhibit Exhibit D: Boynton each Boulevard Overlay Zone Code Amendments D Exhibit Exhibit E: Overlay Zone Waivers REVIEWERS: Department Reviewer Action Date Development Stanzione, Tammy Approved 7/11/2017® 8:44 AM Page 464 of 743 I ORDINANCE NO. 17- 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 5 FLORIDA AMENDING THE LAND DEVELOPMENT 6 REGULATIONS AMENDING CHAPTERS 2 AND 3 TO 7 CONTINUE THE IMPLEMENTATION OF THE COMMUNITY 8 REDEVELOPMENT PLAN WITH THE ESTABLISHMENT OF 9 THE NEW BOYNTON BEACH BOULEVARD OVERLAY ZONE 10 REGULATING SITE DEVELOPMENT STANDARDS, ZONING 11 USES, AND URBAN DESIGN STANDARDS; PROVIDING FOR 12 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 13 EFFECTIVE DATE. 14 15 16 17 WHEREAS, the CRA Plan (fka "the Consolidated Plan") was adopted on 18 October 4, 2016; and 19 WHEREAS, some recommendations of the Plan also include overlay zones 20 intended to provide specific requirements pertaining to scale, design, and architecture for 21 two geographic areas; and 22 WHEREAS, the requirements modify some of the regulations of their underlying 23 zoning districts; and 24 WHEREAS, staff proposes these code amendments to further implement the 25 CRA's Community Redevelopment Plan and to support continued quality development 26 and redevelopment of the area; and 27 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 28 the best interest of the citizens and residents of the City to amend the Land Development 29 Regulations to continue implementation of the Community Redevelopment Plan with the 30 establishment of the new Boynton Beach Boulevard Overlay Zone regulating site 31 development standards, uses and urban design standards. -1- Page 465 of 743 32 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 33 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 34 Section 1. The foregoing whereas clauses are true and correct and are now 35 ratified and confirmed by the City Commission. 36 Section 2. Chapter 2, Article H, Planning and Zoning Division Services, 37 Section 4, Relief Applications, of the Land Development Regulations, is hereby amended 38 by adding the words and figures in underlined type, as follows: 39 Chapter 2,Art. IL Planning and Zoning Division Services 40 Sec. 4. Relief Applications 41 ... 42 E. Waiver(Qeean-AyenueCultural District Overlay Zone and Boynton Beach Boulevard 43 Overlay Zone). 44 1. General. 45 a. Purpose and Intent. The purpose of this subsection is to provide an efficient relief 46 process to allow for deviations from certain requirements and standards of Chapter 47 3 and Chapter 4 as they pertain to the f-k-ean-AvenueCultural District Overlay 48 Zone OZ-CDOZ ) and Boynton Beach Boulevard Overlay Zone (BBBOZ). 49 The intent of this application is not to provide a means for circumventing any such 50 requirement or standard but to allow for a departure from the code upon 51 demonstration that the subject request satisfies the intent of the review criteria 52 contained herein. 53 I b. Applicability. For property located within the �o/-CDOZ or the BBBOZ, the 54 waiver process shall be available for deviations from any development and design 55 standards of Chapter 3, Article III, Section 8.D. 56 2. Submittal Requirements. The applicant shall submit a letter that addresses the 57 review criteria of Section 3.E.3. below, in addition to submitting any plans and 58 exhibits required by the accompanying site plan, whenever applicable. 59 3. Review Criteria. The applicant shall justify each waiver request as part of the 60 application for site plan or site plan modification. The applicant shall document the 61 nature of the request, the extent of its departure from the standard regulation, and the 62 basis for the request. The City may request additional information and documentation 63 from the applicant, such as a shared-parking study, or other type of performance 64 related analysis that further justifies the waiver request. The burden of proof shall be -2- Page 466 of 743 65 on the applicant to present a superior design alternative and demonstrate that the 66 application would further the purpose and intent of the Overlay Zone(-)M—0Z and not 67 have any detrimental impact on adjacent properties or the surrounding area. 68 4. Approval Process. A waiver request may be approved by staff if the subject 69 request is reviewed concurrently with a minor site plan modification application, and 70 such application requires administrative review pursuant to the review criteria of 71 Section 2.F. above. Otherwise, the waiver application requires review by the City 72 Commission and shall be processed in accordance with Chapter 2, Article 1, Section 73 3. 74 5. Denial. Upon the denial of an application for relief hereunder, in whole or in part, 75 a period of one (1)year must elapse prior to the filing of the same or similar 76 application affecting the same property or any portion thereof, however, this 77 restriction shall not apply to applications which further the City's economic 78 development, workforce housing, or green building programs. 79 6. Expiration. A waiver shall remain valid as long as the corresponding site plan or 80 site plan modification approval remains in effect, or unless there is any amendment to 81 the original waiver. Any amendment to the original approval shall require application 82 for, and approval of, a new waiver. 83 84 Section 3. Chapter 3, Article III, Zoning Districts and Overlay Zones, Section 85 8, Overlay Zones, of the Land Development Regulations, is hereby amended by adding 86 the words and figures in underlined type, as follows: 87 Article III Zoning Districts and Overlay Zones 88 ... 89 Sec. 8. Overlay Zones. 90 ... 91 F. Boynton Beach Boulevard Overlay 92 1. Purpose and Intent.The Boynton Beach Boulevard Overlay Zone (BBBOZ) is comprised 93 of multiple properties and a mix of zoning districts that currently accommodates primarily 94 commercial, residential (single-family), and institutional land uses. The CRA Redevelopment 95 Plan recommends the Mixed Use Low, Mixed Use Medium, and Mixed Use High Future Land 96 Use Classification along Boynton Beach Boulevard, increasing in intensity as the District 97 approached Downtown. The purpose and intent of the BBBOZ are as follows: 98 a. Provide for a mix of selected commercial, residential, and office uses, with an 99 emphasis on employment and entertainment uses that will encourage -3- Page 467 of 743 100 redevelopment of underutilized property and enhance the pedestrian scale and 101 character of the area; 102 b. The western area is to act as a welcoming and attractive entry to the City, while 103 the eastern area is to act as the entry to the City's Downtown; 104 C. Encourage the location of restaurant, retail, office, and entertainment 105 establishments, along with pedestrian-friendly improvements that would 106 complement and support the Downtown. 107 d. Continue implementation of various recommendations contained within CRA 108 Redevelopment Plan related to; 109 e. Ensure that redevelopment within this area, regardless of underlying zoning 110 district, will maintain a consistent character; and 111 f. Improve overall livability of the general area and stabilize and improve property 112 values. 113 114 2. Defined.The Boynton Beach Boulevard Overlay Zone (BBBOZ) shall be bounded on the 115 east by the Florida East Coast Railroad (F.E.C.), on the west by NW 5th Street, further by 116 Interstate 95, on the south by NE and NW 1st Avenue, and on the north by NE 3rd Avenue 117 and NW 3rd Court. 118 119 3. Conflict. Unless deemed otherwise by the Planning&Zoning Director, in the event of 120 any conflict between the provisions of the Boynton Beach Boulevard Overlay Zone and any 121 other sections of the Land Development Regulations, the provisions of this section shall 122 prevail.These provisions shall not be construed to supersede any federal, state, or county 123 laws 124 125 4. Uses: Active commercial uses shall be required on the street frontage of Boynton Beach 126 Boulevard. 127 128 a. Uses shall be determined by the underlying zoning district, see "Use Matrix 129 Table 3-28" in Chapter 3, Article IV, Section 3.D, with the exception of the following 130 prohibited uses: 131 Accessory Dwelling Unit 132 Dwelling, Single-family (detached) 133 Dwelling,Two-family (duplex) 134 Auto Dealer, New 135 Auto Dealer, Used 136 Automotive Parts Store 137 Boat Dealer/Rental 138 Cleaning Supply Store (Swimming Pool,Janitorial) 139 Convenience Store 140 Gasoline Station 141 Auto Broker -4- Page 468 of 743 142 Automobile Rental 143 Automotive, Maior Repair 144 Automotive, Minor Repair 145 Automobile Rental 146 Auto/Car Wash, Self-serve Bay 147 Furniture& Home furnishing, unless integrated into a mixed use development 148 Auto/Car Wash (Polishing, Waxing, Detailing) 149 Showroom warehouse (single-product line) 150 Merchandise, Used (Other) 151 Merchandise, New (Supercenter, Discount, Department, Club) 152 Home Improvement Center 153 Automotive Window Tinting/Stereo Installation/Alarms 154 Coin-operated Laundry 155 Funeral Home 156 Pet Care (Boarding and Daycare) 157 Cemetery 158 Church 159 Civic& Fraternal Club/Organization 160 Group homes Type I, II, III, and IV 161 College, Seminary, University 162 School, Primary and Secondary 163 School, Industrial &Trade 164 Shooting Range, Indoor 165 Adult entertainment 166 Temporary employment agency 167 Social service agency 168 All Industrial Uses 169 b. Any other automobile-oriented use not listed above are prohibited. 170 (1) An "automobile oriented use" shall be construed as a business which has a 171 principal purpose of servicing an automobile or consists of a building type or 172 feature which is designed for an automobile. 173 C. Drive-throughs are prohibited. 174 (1) Drive-throughs may only be permitted when the drive-thru not visible from any 175 right-of-ways; and 176 (2) Drive-throughs must be designed to be completely behind a portion of the 177 building or structure it serves. 178 d. Live-work units are permitted, but may not front Boynton Beach Boulevard or 179 Seacrest Boulevard. 180 e. Additionally, no legally, existing use shall be deemed non-conforming as a result 181 of the BBBOZ regulations. 182 -5- Page 469 of 743 183 184 5. Modified Building and Site Regulations. MODIFIED BUILDING/SITE REGULATIONS' Boynton Beach Boulevard Overlay Zone Minimum Lot Area: 0.75 acre Minimum Lot Frontage: Boynton Beach Boulevard 150 feet Pedestrian zone: Minimum street tree area': 5 feet *Measured from the back of curb Minimum sidewalk width2: 8 feet clear *Measured from the centerline of street trees Minimum active area width: 8 feet4 (Applicable to Boynton Beach Boulevard and *Measured from edge of the sidewalk Seacrest Boulevard street frontages) Overhead utilities: Must be undergrounded in conjunction with ane development or major modification of existing developments. Build-to line: Abuts the pedestrian zone Minimum building frontage: 75%of the lot frontage must be occupied by (Applicable to Boynton Beach Boulevard, Seacrest structure adjacent to the pedestrian zone Boulevard) Maximum structure height: See Corresponding Zoning District —Boynton Beach Boulevard and Seacrest Boulevard 45 feet Any additional height permitted by the zoning districts must be stepped back proportionately to the overall height, a minimum of 10' and for every 50 feet above 45 feet in height6 an additional 10 feet stepback is required. Minimum structure height: 30 feet On-street parking: Required where possible and in accordance with the Ci 's Engineering Standards. Minimum vard setbacks: Rear: 10 feet Abutting NW lgt Avenue,NE 3 Avenue,NW 20 feet The rear property line shall contain a continuous 3�d Avenue: vegetative buffer. Interior side: 0 feet Minimum Public Space: 1%of lot area -6- Page 470 of 743 ' No legally existing building or structure shall be deemed non-conforming with respect to setbacks,lot coverage,or building height. 2 Sidewalks shall be constructed of Holland-stone pavers,red/charcoal color mix by Paver Systems,Inc.,or equal,laid in a 4S herringbone pattern. s Canopy trees are required 1 per 25 feet. 4Permanent structures such as columns,balconies, and walls are not permitted within the required active area. 185 Pedestrian Zone Requirements t. E m� c o� a q� Sidewalk Active area E m I Street trey area ......... ......... i G ......... ......... ......... 186 187 188 189 6. Accessory Structures. 190 a. Fences: 191 (1) Fences along street frontages are not permitted on Boynton Beach Boulevard or 192 Seacrest Boulevard. 193 (2) Fences along any street frontages shall not exceed three (3)feet in height. 194 (3) Any fence that is proposed in the reminder of the District shall be decorative in 195 nature. Walls, chain link, board on board, shadowbox, and similar types of 196 fences are prohibited. -7- Page 471 of 743 197 b. All parking, mechanical equipment, trash containers, and miscellaneous 198 equipment shall be landscaped to be screened from view. 199 8 Page 472 of 743 200 201 7. Building Design. 202 a. Building orientation. Lots with frontage on Boynton Beach Boulevard must 203 orient structures to Boynton Beach Blvd. The main pedestrian entry, or front door, 204 must be fronting Boynton Beach Boulevard. 205 b. Boynton Beach Boulevard and Seacrest Boulevard shall have maximized glazing 206 on first floors. Fenestration Requirements Ground-level building facade occupied by Commercial Mixed-Use Residential transparent window or door openings Developments(%) Development(%) minimum area Boynton Beach Boulevard 502 Seacrest Boulevard 502 30' NOTES: 1. These standards also apply to M portion of a ground-level facade facie a� couLtyard or patio. 2. To count toward this transparency requirement, a window or door opening must have a maximum sill height of 2 feet above grade and a minimum head height of 6 feet, 8 includes above grade. 207 208 C. Any transparent window and door openings occupying a ground-level street- 209 facing building facade shall comply with the following standards: 210 (1) The opening shall be filled with glazing that has a minimum visible light 211 transmittance of 75 percent and a maximum reflectance of 15 percent. 212 (2) The opening shall be designed to allow view of an interior space at least five 213 feet deep (e.g., transparent openings may include traditional storefront display 214 windows, but not merely glass display cases).The view into a commercial use 215 shall not be permanently obstructed by screens, shades, shutter, or opaque 216 films applied to the glazing. 217 218 d. Building Wall Articulation. 219 a. Vertical articulation. Walls shall be offset by a minimum depth of two 220 (2) feet once ever fifty (50) linear feet. 221 b. Horizontal Articulation. Buildings shall step-back a minimum of ten (10) 222 feet once the structure reaches forty-five (45)feet in height. Buildings must 223 step back an additional ten (10) feet for every additional fifty (50)feet in 224 height; the additional required step-backs may be dispersed in varying 225 offsets. -9- Page 473 of 743 UNDESIRABLE ARCHITECTURAL VERTICAL ARTICULATION HC RIZONTAL ARTICULATION TREATMENT ADDED ADDED PLAZA AREA 'CREATED IN THE BUILDINGS SETBACK AREA MAJORITY OF BUILDING WALL LOCATED ALONG STREET R.O.W. UP TO 25% OF MAJOR BUILDING FACADE MAY BE SETBACK. FROM THE STREET R.Q.W f ` INCREASED SIDEWALK CLIP BACK BUILDING CORNER PROVIDES INTERESTING LANDMARK FEATURE PERMITTED ALLEY DESIGN AT MAJOR INTERSECTION BETWEEN CORNER BUILDINGS PEDESTRIAhJ CUT T'rIRU / / r AT CORNER 226 I 227 io- Page 474 of 743 228 229 8. Parking. 230 a. Minimum Number of Required Spaces. The minimum number of required off-street 231 parking spaces shall be calculated in accordance with Chapter 4, Article V, Section 2 232 233 b. Allowable Location of Off-Street Parking Spaces. 234 (1) The intent of the BBBOZ is to screen off-street parking areas from abutting 235 rights-of-way and locate buildings along front and side corner property lines. 236 Therefore, on-site parking shall be located within rear and side interior yards for 237 all new proiects and those in which parking areas would be altered to 238 accommodate a proposed building renovation or expansion. 239 (2) Existing parking areas for existing developments may remain if the spaces are 240 unaltered as part of any building renovation or expansion. In these instances, 241 the existing off-street parking area shall be substantially screened from off- 242 premises by a hedge, decorative fencing, arcades, or a combination thereof, 243 provided that such proposal remain consistent with the intent of the BBBOZ, 244 and to the standards of the urban landscape code to the maximum extent 245 possible. Any deviation from the above standards would require the approval of 246 a waiver in accordance with Chapter 2. Article II, Section 4.E. 247 (3) New developments with a Mix Use Low Land Use classification are permitted 248 one (1), single loaded, row of parking in front of the building. 249 c. Exceptions to Providing Required Parking. See Chapter 4, Article V, Section 4.A. for 250 additional provisions regarding exceptions to providing required off-street parking. 251 252 9. Signage and Exterior Lighting Standards. 253 254 a. Signs permitted within the Boynton Beach Boulevard Overlay Zone shall be externally 255 illuminated only, and consist of wall mounted, and/or a projecting sign. 256 b. The size of wall mounted signs shall be calculated at one-half(0.5) square foot of sign 257 area per one (1) lineal foot of building frontage measured along the main building 258 entrance. 259 c. Proiecting signs are only permitted on the first floor. Proiecting signs and mounting 260 brackets shall be decorative in nature, and the sign face shall not exceed five (5) square 261 feet in size. 262 d. Undercanopy signs are permitted one per doorway and shall not exceed 3 square feet 263 each. All undercanopy signs must have a minimum clearance of 8' 264 e. Properties with over 250 feet of linear street frontage on Boynton Beach Boulevard are 265 permitted one monument sign with a maximum height of five (5) feet, a maximum 266 depth of eighteen (18) inches, and a maximum area of forty(40) square feet. 267 Monuments signs shall be oriented perpendicular to the street. 268 f. Prohibited sign types: Freestanding signs, roof mounted signs, any signs above 40 feet 269 (first four(4) stories), animated, or moving signs. - 11- Page 475 of 743 270 g. All Mixed-use developments are required to provide a plan for parking signage to 271 maximize awareness of and access to public parking locations. 272 h. General lighting of the site shall harmonize with and blend into residential/mixed use 273 environment. Ground lighting and up lighting of the building and landscaping is 274 encouraged. However, when the use of pole lighting is necessary, the fixture height shall 275 not exceed fifteen (15)feet, be decorative in nature and compatible with the color and 276 architecture of the building. 277 278 279 Section 4. Should any section or provision of this Ordinance or any portion 280 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 281 not affect the remainder of this Ordinance. 282 Section 5. Authority is hereby given to codify this Ordinance. 283 Section 6. This Ordinance shall become effective immediately. 284 FIRST READING this day of , 2017. 285 SECOND, FINAL READING AND PASSAGE this day of 286 2017. 287 CITY OF BOYNTON BEACH, FLORIDA 288 YES NO 289 290 Mayor— Steven B. Grant 291 292 Vice Mayor—Justin Katz 293 294 Commissioner—Mack McCray 295 296 Commissioner—Christina L. Romelus 297 298 Commissioner—Joe Casello 299 300 VOTE 301 ATTEST: 302 303 304 Judith A. Pyle, CMC 305 City Clerk 306 (Corporate Seal) - 12- Page 476 of 743 `t DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING f. Memorandum 7- : Chair and Members Planning&Development Board FROM: Amanda Bassiely ' Senior Planner—Jr .an Designer THRU: Michael Rumpft"��I Planning and Zoning Director ATE: March 13, 2017 Amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 2, 3 and 4 to continue the implementation of the Community Redevelopment Plan with the establishment of the new Cultural District Overlay Zone and the Bourton Beach Blvd Overlay Zone regulating site development standards, uses, and urban design standards. OVERVIEW The rewrite of the City's land development regulations (LDR) in late 2010 allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post-adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process,updates and amendments to the LDR for one or more of the following reasons: 1. Furthering business and economic development initiatives; 2. Advancing sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. The proposed amendments would continue the implementation of the newly adopted CRA Community Redevelopment Plan. Page 477 of 743 EXPLANATION The Boynton Beach CRA Community Redevelopment Plan was adopted on October 4th, 2016. Comprehensive implementation of the Plan will require a full"audit" and subsequent revisions of existing zoning and other land development regulations, to be completed by the end of 2017. However, some recommendations have immediate application to pending development projects and will therefore be implemented incrementally as needed. These recommendations include overlay zones intended to provide specific requirements pertaining to scale, design, and architecture for two geographic areas. The requirements modify some of the regulations of their underlying zoning districts. Proposed Cultural District Overlay Zone The Cultural District Overlay Zone (CDOZ) encompasses the entire Cultural District, bounded on the east by the Florida East Coast Railroad (F.E.C.), on the west by Seacrest Boulevard, on the south by Southeast 2nd Avenue, and on the north by Northeast 1st Avenue. The Cultural District is envisioned to be the principal hub for the City's civic uses, public spaces and events. Since this area is essential to exhibiting and experiencing Boynton Beach's unique character, setting the appropriate scale, design, and architecture is crucial to its success. There is currently an "Ocean Avenue Overlay Zone" on a portion of the District. The proposed amendments revise the existing overlay to be consistent with the vision outlined in the CRA Plan. The proposed overlay zone enables further regulations to specifically address the goals of the District. The amendments focus on the four key areas: 1. Uses The overlay restricts specific uses that are not consistent with the goals of the district; most notably, it prohibits auto-oriented uses to promote pedestrian-friendly environment. At the same time, staff recognizes that there are existing uses that may not comply with the proposed standards. The overlay regulations specify that no such uses shall be deemed non-conforming. 2. Site Development Standards This section modifies the Site Development Standards of each underlying zoning district. The amendments comprise the requirement for a"pedestrian zone" along major roadways to include regulations on street trees, sidewalks, and active areas as well as street frontages, maximum and minimum building heights, build-to-lines, and setbacks. 3. Building design/Architecture The proposed overlay utilizes, preserves and enhances the existing architectural character of the District by implementing building design standards. Buildings within the Cultural District Overlay Zone should reflect a Coastal Village style of architecture, consisting primarily of hip and/or gable roofs, rectilinear forms with stepbacks, porches, and -2- Page 478 of 743 building articulation. This style derives its character from various elements associated with the Key West Vernacular and Bungalow styles of architecture, found throughout Boynton Beach and South Florida. Overhangs for pedestrian canopies and visual interest should be incorporated whenever possible. Overhead structures such as gateways and arches help define space, provide pedestrian comfort, and reinforce character and identity. New structures will be constructed with the pedestrian building entries oriented towards the street, and will be sensitive to the scale, massing and design envisioned in the CRA Redevelopment Plan. 4. Signage and Exterior Lighting Standards The overlay permits wall signs, limited projecting signs, undercanopy signs, and decorative pedestrian and street lighting. The proposal also requires all mixed-use developments to provide a clear plan for parking signage. Proposed Boynton Beach Boulevard Overlay Zone Prior to its inclusion in the 2016 CRA Community Redevelopment Plan, Boynton Beach Boulevard did not have an adopted plan to help guide the development of the area. The Boulevard should acts as a welcoming and attractive entry to the City and as the entry to the City's Downtown. The CRA Plan recommends the Mixed Use Low, Mixed Use Medium, and Mixed Use High Future Land Use classifications along the boulevard, increasing in intensity as the District approaches Downtown. The overall intent of the overlay is to encourage the location of restaurant, retail, office, and entertainment establishments, along with pedestrian-friendly improvements that would complement and support the Downtown. The overlay also strives to maintain a consistent character while improving overall livability of the general area and stabilizing/improving property values. The Boynton Beach Boulevard Overlay Zone (BBBOZ) will encompass the length of Boynton Beach Boulevard, bounded on the east by the Florida East Coast Railroad (F.E.C.), on the west by I-95, on the south by Northeast and Northwest 1 st Avenue, and on the north by Northeast and Northwest 3rd Avenue and Northwest 3rd Court. The proposed BBBOZ is generally outlined in the same manner as the CDOZ; it addresses four key areas: 1. Uses The proposed overlay restricts specific uses that are not consistent with the goals of the district and further regulate locations of certain other uses. For example, in an effort to preserve an attractive and pedestrian-friendly streetscape, drive-through uses are permitted only when completely screened from the right-of-way. Staff recognizes that there are existing uses that may not comply with the proposed standards. The overlay regulations specify that no existing use shall be deemed non-conforming. 2. Site Development Standards -3 - Page 479 of 743 This section modifies the Site Development Standards of each underlying zoning district. Similarly to the CDOZ, the amendments include the requirement of a "pedestrian zone" along major roadways. Also included are regulations on street frontages and build-to- lines to maximize the appearance of a `street wall', maximum and minimum building heights to create consistency over the varying land uses, and stepbacks and setbacks to protect adjacent neighborhoods and public areas. 3. Building design/Architecture The design portion of the BBBOZ focuses on Urban Design's standards that ensure buildings are oriented towards Boynton Beach Boulevard and require building fenestrations and wall articulation. 4. Signage and Exterior Lighting Standards The BBBOZ builds on the CDOZ by allowing monument signs on prominent parcels along Boynton Beach Boulevard. Signs' height, area and orientation are regulated to ensure they are compatible with the District's goals. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to further implement the CRA Community Redevelopment Plan and to support continued quality development and redevelopment of the area. Attachments S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 17-001 CDOZ\Staff Report Draft-CDOZ BBBOZ.doc -4- Page 480 of 743 Exhibit A: Cultural District Overlay Zone Boundary -5 - Page 481 of 743 N a o Z m (Y)O N W °° p Z0) a O N p a �c a W O N H V � a N � W Z J J BGS .N V Exhibit B : Proposed Cultural District Overlay Zone Code Amendments Page 483 of 743 Part III LDR Chapter 3.Zoning Article III Zoning Districts and Overlay Zones Sec. 8. Overlay Zones. D. _ ? Cultural District Overlay Zone 1. Purpose and Intent. The Cultural District Overlay Zone ( CDOZ) is comprised of multiple properties .. and a mix e- -1- .. of zoning districts that currently accommodates residential (single-, two-and multi-family), commercial, and institutional land uses. The CRA Redevelopment Plan recommends the Mixed Use Medium Future Land Use Classification for a majority of the District, which allows a maximum density of fifty (50) dwelling units per acre.-K-& , ,` :r-t ;7 ,� ,+,° -The remainder of the District is recommended for the Mixed use High Future Land Use Classification and the corresponding maximum density of 80 dwelling units per ac "pf { � .. J k -�.rr xrr�.-ea°crr.�w-ey-?rrerrr-zs-�..• x-7 purpose and intent of the CD OZ are as follows: a. Provide for a mix of selected commercial, residential, office, and entertainment uses and activities, with an emphasis on arts and cultural ventures that will encourage the adaptive re- use of existing buildings, restoration of historic structures, and maintain and further enhance the pedestrian scale and historic character s..-4e of the area; b. Encourage the location of specialty retail, artist related uses and entertainment establishments, along with-pedestrian-friendly improvements 4++,a�°., �� s that would complement and support relationships between the downtown district and marina/waterfront attractions afK-1--e .. R 1`TP'&' ,fC.•J" l'"� s r _J .X�'�."� t'"� rt YPT� ^° te4r-^�t- �{- � ^��to the cast and the cultural/civic campusa4-4t 49 to the west; c. Initiate implementation of various recommendations contained within CRA Redevelopment Plan related to e- vf�err ; d. Stimulate greater awareness of and pride in the City's architectural, historical, and cultural heritage; d-e.Ensure that redevelopment within this area, regardless of underlying zoning .. f .. district,will maintain an appropriate development scale; and ef. Improve overall livability of the general area and stabilize and improve property values. 2. Defined.The Cultural District-Overlay Zone ( CDOZ) shall be bounded on the east by the Florida East Coast Railroad (F.E.C.), on the west by Seacrest Boulevard, on the south by Southeast 2nd4."' Avenue, and on the north by Northeast 1st Avenue,"" ., - Page 484 of 743 Orv�tFr, r+ + tF 11 � +F II tFn r+ � + n ` `+� 3. Conflict. Unless deemed otherwise by the Planning &Zoning Director,din the event of any conflict between the provisions of the .. - Cultural District Overlay Zone and any other sections of the Land Development Regulations, the provisions of this section shall prevail.These provisions shall not be construed to supersede any federal, state, or county laws; and eF aRY FeZeRiRg e{ 4. Uses-Ad �. Active commercial uses shall be required on the street frontage of Ocean Avenue. a. Uses shall be determined by the underlying zoning district, see "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D, with the exception of the following prohibited uses: Accessory Dwelling Unit Dwelling, Single-family (detached) Dwelling,Two-family(duplex) Auto Dealer, New Auto Dealer, Used Automotive Parts Store Boat Dealer/Rental Cleaning Supply Store (Swimming Pool,Janitorial) Convenience Store Gasoline Station Auto Broker Automobile Rental Automotive, Major Repair Automotive, Minor Repair Automobile Rental Auto/Car Wash, Self- serve Bay Furniture & Home furnishing Auto/Car Wash (Polishing, Waxing, Detailing) Showroom warehouse (single-product line) Merchandise, Used (Other) Merchandise, New (Supercenter, Discount, Department, Club) Home Improvement Center Automotive Window Tinting/Stereo Installation/Alarms Coin-operated Laundry Funeral Home Pet Care (Boarding and Daycare) Cemetery Church Civic & Fraternal Club/Organization Group homes Type I, II, III, and IV College, Seminary, University School, Primary and Secondary School, Industrial &Trade Shooting Range, Indoor Adult entertainment Temporary employment agency Tutoring or Testing Center Page 485 of 743 Private Parking Lots Social service agency b. Any other automobile-oriented use not listed above are prohibited. (1) An "automobile oriented use" shall be construed as a business which has a principal purpose of servicing an automobile or consists of a building type or feature which is designed for an automobile. c. Drive-throughs are prohibited. (1) Drive-throughs may only be permitted when the drive-thru not visible from any right-of-ways; and (2) Drive-thrus must be designed to be completely behind a portion of the building or structure it serves. d. Live-work units are permitted, but may not front East Ocean Avenue or Seacrest Boulevard e. School, Professional &Technical (1) Professional and technical schools allowed in the CDOZ are limited to those that teach the culinary and visual arts. f. Additionally, no legally, existing use shall be deemed non-conforming as a result of the CDOZ regulations. amsn�+ ,�I�, ��f C�,,�+E„ , H}E er r mmmmm m-m r -- cte r ra m mmmm.mmmmmmmmmmmm z Page 486 of 743 -------5. Modified Building and Site Regulations _. .: . Development within this Overlay Zone, including proposed expansions and additions to existing structures shall be in accordance with the building and site regulations as follows: o r+ , 04 MODIFIED BUILDING/SITE REGULATIONS' Cultural District Overlay Zone Minimum Lot Area: 10,000 square feet Minimum Lot Frontage: 100 feet Pedestrian zone: Minimum street tree area': 5 feet *Measured from the back of curb Minimum sidewalk width': 8 feet clear *Measured from the centerline of street trees Page 487 of 743 Minimum active area width: 8 feet' (Applicable to Ocean Avenue, Seacrest Boulevard, *Measured from edge of the sidewalk NE/SE 15T Street, and NE/SE 3rd Street frontages) Overhead utilities: Must be undergrounded in conjunction with any new development or major modification of existing developments. Build-to line: Abuts the pedestrian zone Minimum building frontage 75% of the lot frontage must be occupied by (Applicable to Ocean Avenue, Seacrest Boulevard, structure adjacent to the pedestrian zone NE/SE 15T Street, and NE/SE 3rd Street frontages) Maximum structure height': See Corresponding Zoning District Ocean Avenue 35 feet consistent for a depth of a minimum of 30 feet Seacrest Boulevard 35 feet consistent for a depth of a minimum of 10 feet. For every 50 feet above 35 feet in height an additional 10 feet stepback is required. Any properties abutting or adjacent to SE 2nd 35 feet Avenue Minimum structure height': Ocean Avenue 30 feet On-street parking: Required where possible and in accordance with the City's Engineering Standards. Minimum yard setbacks: Rear: 10 feet Interior side: 0 feet4 Minimum Public Space: 1%of lot area 1 No legally existing building or structure shall be deemed non-conforming with respect to setbacks, lot coverage, or building height. z Sidewalks shall be constructed of Holland-stone pavers, red/charcoal color mix by Paver Systems, Inc., or equal, laid in a 4S herringbone pattern 3 Canopy trees are required 1 per 25 feet 4 Minimum interior side setback and maximum height standards may require reductions when adjacent to registered historic structures. 'Permanent structures such as columns, balconies, and walls are not permitted within the required active area. Page 488 of 743 Pedestrian Zone Requirements cl ®g -2 -6 Sidewa* Active area 5................................... Street tree area Building Mass MaxOmm Helgll CoMistentfor 30' ---------------------------------------------------------------------------------- Per Zoning District Maximum Height 35' it Page 489 of 743 taC"K ;LS".. -•-6. Accessory Structures. a. -"----- , Fences: (1) Fences-along+H..fFeRt of the pE p...+.,street frontages are not permitted on East Ocean Avenue or Seacrest Boulevard.4is°:e -ev� (2) Fences along any street frontage shall not exceed three (3) feet in height. L�LAny fence that is proposed in the remainder of the District 4&we„°�, shall be decorative in nature.," ;a �' �ry* d *��r -t�'t , Walls, chain link, board on board, shadowbox, and similar types offences are expressly prohibited. ";b.---------- All parking, mechanical equipment, trash containers, and miscellaneous equipment shall be landscaped to be screened from view. ----47. Building Design. a. Buildings in the Cultural District Overlay Zone (CDOZ) shall reflect a Coastal Village style of architecture, consisting primarily of hip and/or gable roof, rectilinear forms with stepbacks, porches, and building articulation. This style derives its character from various elements associated with the Key West Vernacular and Bungalow styles of architecture found throughout South Florida. Overhangs for pedestrian canopies and visual interest should be incorporated whenever possible. Overhead structures gateways, and arches, help define space, provide pedestrian comfort, and reinforce character and identity. , New structures shall be constructed with the pedestrian building entriesy oriented towards the street and shall be sensitive to the scale, massing and design envisioned in the CRA Redevelopment Plan sty b. Additions and Modifications to Existing Buildings -1 *F w:*' -e . All building additions shall be sensitive to the original building design relative to the architectural style, building materials/components and treatments, and proportions. ' rJ Re,4ab'4t-a t'•e=�r{e..,�� r^w t- (�, rt'€ t t-�n r' r�'. # �n• -r('t.r nEr°-rh rs t.{tee e� Page 490 of 743 t rs ., vet^r n€�"P'*C�`' 'Y'Z I" �YrR.TY �"'TCJ"c.."P'T'�T I VY'1Y P Y�Y'!C o"IR'��'P'R'CX'C.1`C.a-f-e�•,r� -. 'e�, '-e.- '.r+ n. �r I-e+n,�.'J r C. Fenestration Requirements Ground-level building facade occupied by transparent window or door openings (minimum area) Commercial Mixed-Use Residential Street Frontage Development Developments (%) a Ocean Avenue 502 SE 2nd Avenue 30 Seacrest Boulevard .0 2 301 NE/SE 15T Street 502 NE/SE 3rd Street 502 NOTES: 1.These standards also apply to any portion of a ground-level facade facing a courtyard or patio. 2.To count toward this transparency requirement, a window or door opening must have a maximum sill height of 2 feet above grade and a minimum head height of 6 feet, 8 inches above grade. (1) Any transparent window and door openings occupying a ground-level street-facing building facade shall comply with the following standards: i. The opening shall be filled with glazing that has a minimum visible light transmittance of 75 percent and a maximum reflectance of 15 percent. ii. The opening shall be designed to allow view of an interior space at least five feet deep (e.g., transparent openings may include traditional storefront display windows, but not merely glass display cases).The view into a commercial use shall not be permanently obstructed by screens, shades, shutter, or opaque films applied to the glazing. d. RESERVED-Architectural Guidelines: Coastal Village 8.- Parking. a. Minimum Number of Required Spaces. The minimum number of required off-street parking spaces shall be calculated in accordance with Chapter 4, Article V, Section 2 above; however, the total number of required spaces may be reduced by up to fifty percent (50%)for all new developments, excluding „I+, -residential projects. When two (2) or more adjacent property owners combine their off-street parking in accordance with the code and construct Page 491 of 743 a shared parking facility with common access drives, the total number of required off-street parking spaces may be reduced by an additional ten percent (10%). b. Allowable Location of Off-Street-Parking Spaces. LLLThe intent of the CD OZ is to screen off-street parking areas from abutting rights-of- way and locate buildings along front and side corner property lines. T- . ` herefore, on- site --parking areas shall be located within rear and side interior yards for all new projects and those in which parking areas would be altered to accommodate a proposed building renovation or expansion. 2 E-existing parking areas for existing developments may remain if the spaces are unaltered as part of any building renovation or expansion. In these instances,the existing off-street parking area shall be substantially screened from off-premises by a hedge, decorative fencing, arcades, or a combination thereof, provided that such proposal remains consistent with the intent of the CD OZ, and to the standards of the urban landscape code to the maximum extent possible. Any deviation from the above standards would require the approval of a waiver in accordance with Chapter 2. Article II, Section 4.E. }3 If one hundred percent (100%) of the required off-street parking spaces cannot be provided on-site,they may be provided at an off-site location provided the following conditions are met: 1)the proposed location is not farther than five hundred (500)feet from the subject property as measured by a straight line from a point on the boundary of the property to the closest boundary line of the property to be leased, and 2)the off-site location is owned or leased by the owner or operator of the subject business or property ownThe parent business property shall be posted with signage indicating the location of the off-site parking spaces. All spaces provided by the property/business owner on and off-site shall be maintained as unreserved, unrestricted parking available to the public, except designated handicap spaces required by law. c. Exceptions to Providing Required Parking. See Chapter 4, Article V, Section 4.A.for additional provisions regarding exceptions to providing required off-street parking. ----------- 9.40, Signage and Exterior Lighting Standards. a. Signs allowed within the Cultural District Overlay Zone shall be externally illuminated only, and be limited to,i �t .t 4_, a °*��°ra ' * �£ 'C wall mounted, and projecting signs. b. The size of wall mounted signs shall be calculated at one-half(0.5) square foot of sign area per one (1) lineal foot of building frontage measured along the main building entrance. c. Projecting signs are only permitted on the first floor. Projecting signs and mounting brackets shall be decorative in nature, and the sign face shall not exceed five (5 ) square feet in size. d. Undercanopy signs are permitted one per doorway and shall not exceed 3 square feet each. All undercanopy signs must have a minimum clearance of 8' e. A-frame signs are permited when included and reviewed as a part of an overall Sign Program. f. Prohibited sign types: Freestanding signs, roof mounted signs, any signs above 35 feet (first 3 stories), animated, or moving signs. Page 492 of 743 g. All Mixed-use developments are required to provide a plan for parking signage to maximize awareness of and access to public parking locations. h®General lighting of the site shall harmonize with and blend into residential/mixed use environment. Ground lighting and up lighting of the building and landscaping is encouraged. However, when the use of pole lighting is necessary, the fixture height shall not exceed fifteen (15) feet, be decorative in nature and compatible with the color and architecture of the building. Page 493 of 743 i Part III LDR Chapter 3 Zoning Article IV Use Regulations D. Use Matrix(Table 3-28). Footnotes 18. ea++r Cultural District Overlay Zone. a. This use is allowed in this zoning district only when proposed on a lot located within the Cultural District- .. + -� Overlay Zone (CD OZ). 'c�--'........'ere r`p`- �srri".. `-r-ac--r".,.r-r'"..`�a�s=r,:rr-cA•vrc "ii a-�rp �J "'PC Y J w 'YC."LAC�"Crv..'1`Y'YCg2 .. I•. Page 494 of 743 Part III LDR Chapter 4 Site Development Standards Article V Minimum Off-Street Parking Requirements Sec. 4. Exceptions to Providing Required Off-Street Parking. A. Adaptive Re-Use. 1. Applicability. The following described areas shall be eligible for specific parking reductions based upon adaptive re-use, including modifications, of existing buildings: a. Cultural District Overlay Zone ( CDOZ ), as defined in Chapter 3, Article III, Section 8.D. b. No additional parking shall be required where: (1) The structure is enlarged in a manner not exceeding a cumulative total of one hundred percent (100%) of the existing gross floor area; or (2) The capacity of the structure is increased by adding subordinate dwelling units or floor area within the existing building envelop; or (3) The use of a structure is changed; or (4) The number of seats for eating and drinking establishments is increased by up to fifty percent (50%) of the existing total or up to forty(40) seats are provided where the previous use had none. Page 495 of 743 Exhibit C: Boynton Beach Boulevard Overlay Zone B oundary Page 496 of 743 � p---------- 77�� OC a 0 ID z 4S PUZ 3N (Y)0 Q Q w Q 'IT c4- m O W M _ u o Z W o Q z W N 0 a N A1e 4s JOBOS N o a o oc W > O 4s V;1, ms � d > a J N m _ Z � V � a W y m Z O H Z 4S 449 MN O m 96 9484saa 1 Exhibit D: Boynton Beach Boulevard Overlay Zone Code Amendments Page 498 of 743 Part III LDR Chapter 3.Zoning Article III Zoning Districts and Overlay Zones Sec. 8. Overlay Zones. F. Boynton Beach Boulevard Overlay Zone 1. Purpose and Intent.The Boynton Beach Boulevard Overlay Zone (BBBOZ) is comprised of multiple properties and a mix of zoning districts that currently accommodates primarily commercial, residential (single-family), and institutional land uses. The CRA Redevelopment Plan recommends the Mixed Use Low, Mixed Use Medium, and Mixed Use High Future Land Use Classification along Boynton Beach Boulevard, increasing in intensity as the District approached Downtown. The purpose and intent of the BBBOZ are as follows: a. Provide for a mix of selected commercial, residential, and office uses,with an emphasis on employment and entertainment uses that will encourage redevelopment of underutilized property and enhance the pedestrian scale and character of the area; b. The western area is to act as a welcoming and attractive entry to the City, while the eastern area is to act as the entry to the City's Downtown; c. Encourage the location of restaurant, retail, office, and entertainment establishments, along with pedestrian-friendly improvements that would complement and support the Downtown. d. Continue implementation of various recommendations contained within CRA Redevelopment Plan related to; e. Ensure that redevelopment within this area, regardless of underlying zoning district, will maintain a consistent character; and f. Improve overall livability of the general area and stabilize and improve property values. 2. Defined.The Boynton Beach Boulevard Overlay Zone (BBBOZ) shall be bounded on the east by the Florida East Coast Railroad (F.E.C.), on the west by NW 5th Street,further by Interstate 95, on the south by NE and NW 15t Avenue, and on the north by NE 3rd Avenue and NW 3rd Court. 3. Conflict. Unless deemed otherwise by the Planning &Zoning Director, in the event of any conflict between the provisions of the Boynton Beach Boulevard Overlay Zone and any other sections of the Land Development Regulations, the provisions of this section shall prevail.These provisions shall not be construed to supersede any federal, state, or county laws 4. Uses: Active commercial uses shall be required on the street frontage of Boynton Beach Boulevard. Page 499 of 743 a. Uses shall be determined by the underlying zoning district, see "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D,with the exception of the following prohibited uses: Accessory Dwelling Unit Dwelling, Single-family (detached) Dwelling,Two-family(duplex) Auto Dealer, New Auto Dealer, Used Automotive Parts Store Boat Dealer/Rental Cleaning Supply Store (Swimming Pool,Janitorial) Convenience Store Gasoline Station Auto Broker Automobile Rental Automotive, Maior Repair Automotive, Minor Repair Automobile Rental Auto/Car Wash, Self-serve Bay Furniture & Home furnishing, unless integrated into a mixed use development Auto/Car Wash (Polishing,Waxing, Detailing) Showroom warehouse (single-product line) Merchandise, Used (Other) Merchandise, New(Supercenter, Discount, Department, Club) Home Improvement Center Automotive Window Tinting/Stereo Installation/Alarms Coin-operated Laundry Funeral Home Pet Care (Boarding and Daycare) Cemetery Church Civic & Fraternal Club/Organization Group homes Type I, II, III, and IV College, Seminary, University School, Primary and Secondary School, Industrial &Trade Shooting Range, Indoor Adult entertainment Temporary employment agency Social service agency All Industrial Uses b. Any other automobile-oriented use not listed above are prohibited. (1) An "automobile oriented use" shall be construed as a business which has a principal purpose of servicing an automobile or consists of a building type or feature which is designed for an automobile. c. Drive-throughs are prohibited. (1) Drive-throughs may only be permitted when the drive-thru not visible from any right- of-ways; and Page 500 of 743 (2) Drive-throughs must be designed to be completely behind a portion of the building or structure it serves. d. Live-work units are permitted, but may not front Boynton Beach Boulevard or Seacrest Boulevard. e. Additionally, no legally, existing use shall be deemed non-conforming as a result of the BBBOZ regulations. Page 501 of 743 5. Modified Building and Site Regulations. MODIFIED BUILDING/SITE REGULATIONS' Boynton Beach Boulevard Overlay Zone Minimum Lot Area: 0.75 acre Minimum Lot Frontage: Boynton Beach Boulevard 150 feet Pedestrian zone: Minimum street tree area': 5 feet *Measured from the back of curb Minimum sidewalk width': 8 feet clear *Measured from the centerline of street trees Minimum active area width: 8 feet4 (Applicable to Boynton Beach Boulevard and *Measured from edge of the sidewalk Seacrest Boulevard street frontages) Overhead utilities: Must be undergrounded in conjunction with any new development or major modification of existing developments. Build-to line: Abuts the pedestrian zone Minimum building frontage: 75% of the lot frontage must be occupied by (Applicable to Boynton Beach Boulevard, Seacrest structure adjacent to the pedestrian zone Boulevard Maximum structure height: See Corresponding Zoning District Boynton Beach Boulevard and Seacrest 45 feet Boulevard Any additional height permitted by the zoning districts must be stepped back proportionately to the overall height, a minimum of 10' and for every 50 feet above 45 feet in height6 an additional 10 feet stepback is required. Minimum structure height: 30 feet On-street parking: Required where possible and in accordance with the City's Engineering Standards. Minimum yard setbacks: Rear: 10 feet Abutting NW 1"Avenue, NE 3rd Avenue, NW 20 feet 3rd Avenue: The rear property line shall contain a continuous vegetative buffer. Interior side: 0 feet Minimum Public Space: 1%of lot area ' No legally existing building or structure shall be deemed non-conforming with respect to setbacks, lot Page 502 of 743 coverage, or building height. z Sidewalks shall be constructed of Holland-stone pavers, red/charcoal color mix by Paver Systems, Inc., or equal, laid in a 4S herringbone pattern. 3 Canopy trees are required 1 per 25 feet. 4 Permanent structures such as columns, balconies, and walls are not permitted within the required active area. Pedestrian Zone Requirements �I p mi I 0 S+dewaik Active area SOW tree area 6. Accessory Structures. a. Fences: (1) Fences along street frontages are not permitted on Boynton Beach Boulevard or Seacrest Boulevard. (2) Fences along any street frontages shall not exceed three (3)feet in height. (3) Any fence that is proposed in the reminder of the District shall be decorative in nature. Walls, chain link, board on board, shadowbox, and similar types of fences are prohibited. b. All parking, mechanical equipment,trash containers, and miscellaneous equipment shall be landscaped to be screened from view. Page 503 of 743 7. Building Design. a. Building orientation. Lots with frontage on Boynton Beach Boulevard must orient structures to Boynton Beach Blvd. The main pedestrian entry, or front door, must be fronting Boynton Beach Boulevard. b. Boynton Beach Boulevard and Seacrest Boulevard shall have maximized glazing on first floors. Fenestration Requirements Ground-level building facade occupied by Commercial Mixed-Use Residential transparent window or door openings(minimum Developments N Development N area Boynton Beach Boulevard 502 Seacrest Boulevard301 5 02 NOTES: 1.These standards also apply to any portion of a ground-level facade facing a courtyard or patio. 2.To count toward this transparency requirement, a window or door opening must have a maximum sill height of 2 feet above grade and a minimum head height of 6 feet, 8 includes above grade. c. Any transparent window and door openings occupying a ground-level street-facing building facade shall comply with the following standards: (1) The opening shall be filled with glazing that has a minimum visible light transmittance of 75 percent and a maximum reflectance of 15 percent. (2) The opening shall be designed to allow view of an interior space at least five feet deep (e.g.,transparent openings may include traditional storefront display windows, but not merely glass display cases).The view into a commercial use shall not be permanently obstructed by screens, shades, shutter, or opaque films applied to the glazing. d. Building Wall Articulation. a. Vertical articulation. Walls shall be offset by a minimum depth of two (2)feet once ever fifty(50) linear feet. b. Horizontal Articulation. Buildings shall step-back a minimum of ten (10)feet once the structure reaches forty-five (45)feet in height. Buildings must step back an additional ten (10)feet for every additional fifty (50)feet in height; the additional required step-backs may be dispersed in varying offsets. Page 504 of 743 JNDESIR,ABLE ARCHITECTURAL VERTICAL ARTICULATION HORIZONTAL AR T ICUL,A71ON TREATMENT ADDED ADDED — PLAZA AREA CREATED IN T'�E BUILDINGS SETBACK AREA MAJORITY OF BUILDING WALL LOCATED ALONG STREET P.O.W. ` UP TO 25% OF MAJOR BUILDING FACADE MAY BE . SETBACK( FROM THE STREET 4 � j INCREASED SIDEWALK CLIP BACK BUILDING CORNER PROVIDES INTERESTING LANDMARK FEATURE PERMITTED ALLEY DESIGN AT MAJOR INT ERSZCTION BETWEEN CORNER BUILDINGS PEDESTRIAN OUT Te�RU f AT CORNER V f I " Page 505 of 743 8. Parking. a. Minimum Number of Required Spaces. The minimum number of required off-street parking spaces shall be calculated in accordance with Chapter 4, Article V, Section 2 b. Allowable Location of Off-Street Parking Spaces. (1) The intent of the BBBOZ is to screen off-street parking areas from abutting rights-of-way and locate buildings along front and side corner property lines.Therefore, on-site parking shall be located within rear and side interior yards for all new projects and those in which parking areas would be altered to accommodate a proposed building renovation or expansion. (2) Existing parking areas for existing developments may remain if the spaces are unaltered as part of any building renovation or expansion. In these instances, the existing off- street parking area shall be substantially screened from off-premises by a hedge, decorative fencing, arcades, or a combination thereof, provided that such proposal remain consistent with the intent of the BBBOZ, and to the standards of the urban landscape code to the maximum extent possible. Any deviation from the above standards would require the approval of a waiver in accordance with Chapter 2. Article II, Section 4.E. (3) New developments with a Mix Use Low Land Use classification are permitted one (1), single loaded, row of parking in front of the building. c. Exceptions to Providing Required Parking. See Chapter 4,Article V, Section 4.A.for additional provisions regarding exceptions to providing required off-street parking. 9. Signage and Exterior Lighting Standards. a. Signs permitted within the Boynton Beach Boulevard Overlay Zone shall be externally illuminated only, and consist of wall mounted, and/or a protecting sign. b. The size of wall mounted signs shall be calculated at one-half(0.5) square foot of sign area per one (1) lineal foot of building frontage measured along the main building entrance. c. Projecting signs are only permitted on the first floor. Projecting signs and mounting brackets shall be decorative in nature, and the sign face shall not exceed five (5) square feet in size. d. Undercanopy signs are permitted one per doorway and shall not exceed 3 square feet each. All undercanopy signs must have a minimum clearance of 8' e. Properties with over 250 feet of linear street frontage on Boynton Beach Boulevard are permitted one monument sign with a maximum height of five (5) feet, a maximum depth of eighteen (18) inches, and a maximum area of forty(40) square feet. Monuments signs shall be oriented perpendicular to the street. f. Prohibited sign types: Freestanding signs, roof mounted signs, any signs above 40 feet (first four (4) stories), animated, or moving signs. g. All Mixed-use developments are required to provide a plan for parking signage to maximize awareness of and access to public parking locations. h. General lighting of the site shall harmonize with and blend into residential/mixed use environment. Ground lighting and up lighting of the building and landscaping is encouraged. However, when the use of pole lighting is necessary, the fixture height shall not exceed fifteen (15)feet, be decorative in nature and compatible with the color and architecture of the building. Page 506 of 743 Exhibit E: Overlay Zone Waivers Page 507 of 743 Part III LDR Chapter 2 Article II Planning and Zoning Division Services Sec. 4. Relief Applications. E. Waiver(QfieCultural District Overlay Zone and Boynton Beach Boulevard Overlay Zone). 1. General. a. Purpose and Intent. The purpose of this subsection is to provide an efficient relief process to allow for deviations from certain requirements and standards of Chapter 3 and Chapter 4 as they pertain to the QfieCultural District Overlay Zone (GAG-Z�CDOZ ) and Boynton Beach Boulevard Overlay Zone (BBBOZ).The intent of this application is not to provide a means for circumventing any such requirement or standard but to allow for a departure from the code upon demonstration that the subject request satisfies the intent of the review criteria contained herein. b. Applicability. For property located within the CDOZ or the BBBOZ, the waiver process shall be available for deviations from any development and design standards of Chapter 3, Article III, Section 8.D. 2. Submittal Requirements. The applicant shall submit a letter that addresses the review criteria of Section 3.E.3. below, in addition to submitting any plans and exhibits required by the accompanying site plan,whenever applicable. 3. Review Criteria. The applicant shall justify each waiver request as part of the application for site plan or site plan modification. The applicant shall document the nature of the request, the extent of its departure from the standard regulation, and the basis for the request.The City may request additional information and documentation from the applicant, such as a shared-parking study, or other type of performance related analysis that further justifies the waiver request. The burden of proof shall be on the applicant to present a superior design alternative and demonstrate that the application would further the purpose and intent of the Overlay Zone and not have any detrimental impact on adjacent properties or the surrounding area. 4. Approval Process.A waiver request may be approved by staff if the subject request is reviewed concurrently with a minor site plan modification application, and such application requires administrative review pursuant to the review criteria of Section 2.F. above. Otherwise, the waiver application requires review by the City Commission and shall be processed in accordance with Chapter 2, Article 1, Section 3. 5. Denial. Upon the denial of an application for relief hereunder, in whole or in part, a period of one (1)year must elapse prior to the filing of the same or similar application affecting the same property or any portion thereof; however,this restriction shall not apply to applications which further the City's economic development, workforce housing, or green building programs. Page 508 of 743 6. Expiration. A waiver shall remain valid as long as the corresponding site plan or site plan modification approval remains in effect, or unless there is any amendment to the original waiver. Any amendment to the original approval shall require application for, and approval of, a new waiver. Page 509 of 743 12.A. NEW BUSINESS 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: Vice Mayor Katz requested discussion on possible disposition of City-owned land east of Boynton Beach Leisureville. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date City Clerk Pyle, Judith Approved 7/12/2017- 9:52 AM Finance Howard, Tim Approved 7/13/2017- 5:02 PM City Manager LaVerriere, Lori Approved 7/14/2017- 9:46 AM Page 510 of 743 12.B. NEW BUSINESS 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: Vice Mayor requested to discuss possible uses of the area owned by the City and known as Girl Scout Park. It is "deed restricted". EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date City Clerk Pyle, Judith Approved 7/12/2017® 9:53 AM Finance Howard, Tim Approved 7/13/2017® 5:02 PM City Manager LaVerriere, Lori Approved 7/14/2017® 9:57 AM Page 511 of 743 12.C. NEW BUSINESS 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: Mayor Grant requested discussion on the use and placement of a traveling sauna in the City of Boynton Beach. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date City Clerk Pyle, Judith Approved 7/12/2017® 9:55 AM Finance Howard, Tim Approved 7/13/2017® 4:58 PM City Manager LaVerriere, Lori Approved 7/14/2017® 9:57 AM Page 512 of 743 13.A. LEGAL 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-011 - SECOND READING - Approve amendments to the Comprehensive Plan Future Land Use Element (CPTA 17-001) and related Future Land Use Map Amendments (LUAR 17-004). City-initiated. EXPLANATION OF REQUEST: In October of 2016, the City adopted the CRA Community Redevelopment Plan. The proposed amendments to the text of the Comprehensive Plan's Future Land Use Element and the Future Land Use Map seek to implement the Plan's recommendations pertaining to the Future Land Use (FLU) classification system. In addition, the amendments adjust applicable policies for consistency with the amendments to the policies of the Coastal Management Element adopted in 2016, and modify other objectives/policies to account for completions and changes in the City's vision/programs. The proposed changes to the FLU classification system affect solely residential and mixed use land use categories and include elimination of existing and addition of new categories, as well as changes to maximum density thresholds. These changes trigger city-wide concurrent map amendments. The main changes to FLU categories include: • Elimination of Moderate Density Residential (merged with Low Density Residential) • Elimination of Mixed Use • Elimination of Mixed Use Suburban (replaced with Mixed Use Low) • Addition of Mixed Use Low and Mixed Use Medium • Density increases for Low Density Residential (5 to 7.5 du/acre); Mixed Use Medium (10 to 11 du/acre); and Mixed Use High (11 to 15 du/acre) The corresponding map amendments will be as follows: • All Moderate Density Residential properties will be reclassified to Low Density Residential • All High Density Residential properties will be reclassified to Medium Density Residential • All Mixed Use properties will be reclassified to Mixed use Low, Moderate or High Density Residential per CRA Plan • All Suburban Mixed Use properties will be reclassified to Mixed Use Low The proposed FLU amendments will create a coherent residential and mixed use classification system through elimination of overly large or too small density gaps between certain FLU categories and integration of the Suburban Mixed Use Category into a unified mixed use framework. The amendments will allow for continued implementation the of CRA Plan: they will support creation of a successful downtown with a well-functioning transit hub, better "fit" between available FLU categories and vision for each district, and high quality design. The amendments were approved for transmittal to the Department of Economic Opportunity (DEO) and other Page 513 of 743 state/local reviewing agencies after the public hearing on April 18, 2017. This review has been completed, and produced no objections or comments. However, staff made minor changes to the proposed text amendments, adding two uses to the permitted use list for Mixed Use FLU categories and correcting eligibility for 25% density bonus within the Downtown TOD District. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Higher densities will in time require adjustments to the City 's programs and services. As redevelopment proceeds, the City will continue to monitor capacity of the water/sewer infrastructure as well as safety services. FISCAL IMPACT: The amendments support intensification of development/redevelopment, which, as the City's tax base increases, should have a significant fiscal impact. ALTERNATIVES: Staff recommends no alternatives. STRATEGIC PLAN: Energetic Downtown: Focal Point for Boynton Beach STRATEGIC PLAN APPLICATION: The proposed amendments are related to Action Item#2.3 of the 2015/2016 Strategic Plan. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: Page 514 of 743 ATTACHMENTS: Type Description D Ordinance Ordinance D Staff Report Staff Report for CPTA/LUAR D Exhibit Exhibit A. FLU Element Proposed Changes D Exhibit Exhibit Bla. FLU current residential classifications D Exhibit Exhibit Blb. FLU proposed residential classifications D Exhibit Exhibit 132a.FLU Current Mixed Use D Exhibit Exhibit 133a. FLU current Mixed Use Suburban D Exhibit Exhibit 132b. FLU proposed Mixed Use D Exhibit Exhibit 133b. Prop.reclassif i cation of Mixed Use Suburban D Other Exhibit C. 2016 CRA Consolidated Plan D Exhibit Exhibit D. Vacant parcels classified LDR REVIEWERS: Department Reviewer Action Date Planning and Zoning Rumpf, Michael Rejected 6/30/2017® 7:57 AM Planning and Zoning Matras, Hanna Approved 6/30/2017® 8:39 AM Planning and Zoning Rumpf, Michael Approved 7/11/2017® 3:20 PM Planning and Zoning Mack, Andrew Approved 7/13/2017® 12:07 PM Planning and Zoning Groff, Colin Approved 7/13/2017® 5:52 PM Finance Howard, Tim Approved 7/14/2017® 9:08 AM Assistant City Manager Groff, Colin Approved 7/14/2017® 9:11 AM Legal Swanson, Lynn Approved 7/14/2017® 11:35 AM City Manager LaVerriere, Lori Approved 7/14/2017® 2:10 P M Page 515 of 743 I ORDINANCE NO. 17- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING THE CITY'S COMPREHENSIVE PLAN, IN ACCORDANCE 5 WITH SECTION 163.3184(3) FLORIDA STATUTES TO: APPROVE 6 AMENDMENTS TO THE COMPREHENSIVE PLAN'S FUTURE LAND 7 USE ELEMENT AND THE FUTURE LAND USE MAP THAT 1) 8 IMPLEMENT RECOMMENDATIONS OF THE 2016 CRA COMMUNITY 9 REDEVELOPMENT PLAN PERTAINING TO THE FUTURE LAND USE 10 CLASSIFICATIONS; 2) ADJUST APPLICABLE POLICIES TO 11 REFLECT THE RECENTLY ADOPTED CHANGES TO THE COASTAL 12 MANAGEMENT ELEMENT; AND 3) ADJUST REMAINING 13 OBJECTIVES AND POLICIES TO ACCOUNT FOR CHANGES IN THE 14 CITY'S VISION AND PROGRAMS.; PROVIDING FOR CONFLICTS; 15 PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN 16 EFFECTIVE DATE. 17 18 WHEREAS, in October of 2016, the City adopted the CRA Community Redevelopment 19 Plan. The proposed amendments to the text of the Comprehensive Plan's Future Land Use 20 Element and the Future Land Use Map seek to implement the Plan's recommendations 21 pertaining to the Future Land Use (FLU) classification system; and 22 WHEREAS, the proposed amendments adjust applicable policies for consistency with 23 the amendments to the policies of the Coastal Management Element adopted in 2016, and 24 modify other objectives/policies to account for completions and changes in the City's 25 vision/programs; and 26 WHEREAS, the proposed changes to the FLU classification system affect solely 27 residential and mixed use land use categories and include elimination of existing and addition of 28 new categories, as well as changes to maximum density thresholds. These changes trigger city- 29 wide concurrent map amendments; and 30 WHEREAS,the main changes to FLU categories include: 31 32 • Elimination of Moderate Density Residential (merged with Low Density 33 Residential) 34 • Elimination of Mixed Use t00179483.1306-9001821} Page 1 of 5 Page 516 of 743 35 • Elimination of Mixed Use Suburban (replaced with Mixed Use Low) 36 • Addition of Mixed Use Low and Mixed Use Medium 37 • Density increases for Low Density Residential (5 to 7.5 du/acre); Mixed Use 38 Medium (10 to 11 du/acre); and Mixed Use High (11 to 15 du/acre); and 39 40 WHEREAS, the corresponding map amendments will be as follows: 41 42 • All Moderate Density Residential properties will be reclassified to Low Density 43 Residential 44 • All High Density Residential properties will be reclassified to Medium Density 45 Residential 46 • All Mixed Use properties will be reclassified to Mixed use Low, Moderate or 47 High Density Residential per CRA Plan 48 • All Suburban Mixed Use properties will be reclassified to Mixed Use Low; and 49 50 WHEREAS, the proposed FLU amendments will create a coherent residential and mixed 51 use classification system through elimination of overly large or too small density gaps between 52 certain FLU categories and integration of the Suburban Mixed Use Category into a unified 53 mixed use framework; and 54 WHEREAS, the amendments will allow for continued implementation of CRA Plan: 55 they will support creation of a successful downtown with a well-functioning transit hub, better 56 "fit" between available FLU categories and vision for each district, and high quality design, and 57 WHEREAS, these amendments were reviewed by the Planning& Development Board on 58 March 28th and are forwarded with a recommendation for approval, and 59 WHEREAS, Section 163.3167, Florida Statutes, requires that each local government 60 prepare a Comprehensive Plan in compliance with the Local Government Comprehensive 61 Planning and Development Act, as amended; and 62 WHEREAS, the City of Boynton Beach, Florida, pursuant to the Local Government 63 Comprehensive Planning Act, and in accordance with all of its terms and provisions, adopted a t00179483.1 306-9001821} Page 2 of 5 Page 517 of 743 64 Comprehensive Plan which has been found to be "in compliance" by, the State Department of 65 Community Affairs (DCA); and, 66 WHEREAS, Section 163.3184, Florida Statutes allows the Comprehensive Plan to be 67 amended in order to further the City's planning goals and objectives and address changing 68 conditions; and, 69 WHEREAS, the proposed text amendments when adopted will affect the FLU 70 Element's objectives and policies pertaining to: (1) The structure of the future land use 71 classifications, to implement recommendations of the CRA Community Redevelopment Plan 72 (Exhibit "C"); (2) The classifications' permitted uses, to update use categories so they better 73 align with changes in the economy and in the City's vision; and (3) Measures to protect life and 74 property from natural hazards, as addressed in the recently adopted amendments to the Coastal 75 Management Element, and 76 WHEREAS, the proposed FLU Map amendments constitute an execution of the 77 proposed changes in the structure of the future land use classifications, as applicable, to 78 properties within the City; and, 79 WHEREAS, Exhibit "A" sets forth the proposed text amendments to the Future Land 80 Use Element, and Exhibits "Bl," "132," and "133" set forth related Future Land Use Map 81 amendments. 82 WHEREAS,the Local Planning Agency and City Commission of the City of Boynton 83 Beach have conducted the required public hearings on this Amendment to the City of Boynton 84 Beach adopted Comprehensive Plan; and, 85 WHEREAS, the reports, records, and materials set forth in DEVELOPMENT 86 DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17 — 002 100179483.1 306-9001821} Page 3 of 5 Page 518 of 743 87 are incorporated herein and relied upon by the City Commission to the extent not inconsistent 88 with this Ordinance; and, 89 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 90 CITY OF BOYNTON BEACH, FLORIDA: 91 SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and 92 confirmed as being true and correct and are hereby made a specific part of the Ordinance upon 93 adoption hereof, all exhibits attached hereto or referenced herein are incorporated herein and 94 made a specific part of this Ordinance. 95 SECTION 2: In accordance with the requirements of Section 163.3184, Florida 96 Statutes, the City Commission hereby adopts the amended elements of the City of Boynton 97 Beach Comprehensive Plan: Future Land Use Element, as set forth in DEVELOPMENT 98 DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17 — 99 002 attached hereto. City staff is directed to incorporate and properly format the amendments as 100 required for submission to the State of Florida and thereafter to assist in codification of the 101 amendments, 102 SECTION 3: All Ordinances or parts of Ordinances, and all Resolutions or parts 103 of Resolutions, in conflict herewith are hereby repealed to the extent of such conflict. 104 SECTION 4: If any provision of this Ordinance or the application thereof to any 105 person or circumstance is held invalid, such invalidity shall not affect other provisions or 106 applications of this Ordinance that can be given affect without the invalid provision or 107 application, and to this end the provisions of this Ordinance are declared to be severable. 108 SECTION 5: This Ordinance shall become effective as provided by law. 109 110 FIRST READING this day of , 2017. t00179483.1 306-9001821} Page 4 of 5 Page 519 of 743 III SECOND, FINAL READING and PASSAGE this day of , 2017. 112 CITY OF BOYNTON BEACH, FLORIDA 113 114 YES NO 115 116 Mayor— Steven B. Grant 117 118 Vice Mayor— Justin Katz 119 120 Commissioner—Mack McCray 121 122 Commissioner—Christina L. Romelus 123 124 Commissioner—Joe Casello 125 126 127 128 VOTE 129 ATTEST: 130 131 132 133 Judith A. Pyle, CMC 134 City Clerk 135 136 (Corporate Seal) 137 t00179483.1306-9001821} Page 5 of 5 Page 520 of 743 {00179483.1306-9001821} Page 6 of 5 Page 521 of 743 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17 - 002 STAFF REPORT TO: Chairman and Members Planning and Development Board FROM: Hanna Matras Senior Planner THRU: Michael W. Rumpf Director of Planning and Zoning DATE: March 9, 2017 PROJECT NAME/NO: Comprehensive Plan's Future Land Use Element Text Amendments (CPTA 17-001) and related Future Land Use Map Amendments (LUAR 17-004) REQUEST: Approve amendments to the Comprehensive Plan's Future Land Use Element and the Future Land Use Map that 1) implement recommendations of the 2016 CRA Community Redevelopment Plan pertaining to the future land use classifications; 2) adjust applicable policies to reflect the recently adopted changes to the Coastal Management Element; and 3) adjust remaining objectives and policies to account for changes in the City's vision and programs. PROCEDURE The proposed amendments to adopted Comprehensive Plan policies are text amendments and related Future Land Use Map amendments subject to the Expedited State Review Process per provisions of Chapter 163.3184(3) and (5), Florida Statutes, adopted by the 2011 legislation. The Expedited State Review Process applies to all comprehensive plan amendments except for small scale amendments and amendments that must follow the State Coordinated Review Process, such as the Evaluation and Appraisal Review (EAR)-based amendments to the Coastal Management Element adopted by the City on December 6, 2016. If the Commission approves the proposed amendments, they will be transmitted for Page 522 of 743 Page 2 File Numbers CPTA 17-001 and LUAR 17-004 Future Land Use Element amendments review to the Florida Department of Economic Opportunity (DEO), currently the state land planning agency. (Within the DEO, the program is administered by the Division of Community Planning and Development, Bureau of Comprehensive Planning.) The final adoption by the City Commission is tentatively scheduled for July of 2017. See Exhibit "A" for the proposed text amendments to the Future Land Use Element, and Exhibits "1131," "1132," and "1133" for the related Future Land Use Map amendments. UPDATE 2017: POPULATION GROWTH AND LAND USE PROFILE Population Trends The population of the City of Boynton Beach grew rapidly, at the average annual rate of 6.3%, throughout the decades of 1960's and 1970's. The growth rate decreased in the 1980's and 1990's, but remained at a fairly high level of 2.7% until the year 2000. During the decade of 2000-2010, the rate declined further, to an average annual of 1.2%. Between 2010 and 2016, Boynton's population grew even slower, at about 1.1% per year. This trend is mainly due to the fact that the city is nearing buildout, but population growth has been decelerating in both Palm Beach County and the state, after a severe nation-wide recession has stalled—at least temporarily—population influx to Florida. BOYNTON BEACH POPULATION GROWTH, 2005-2016 74,000 71,000 4 S J ( t S f t s t {! } $ 5 4f! i ; { ";f it ✓ f i r t ! i f !s 68,000 t 1 t { { i S (174 65,000 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Population 65,601 67,071 66,872 66,671 66,978 68,217 68,409 68,741 70,131 71,608 72,784 73,163 Source: University of Florida, Bureau of Economic and Business Research(BEBR)and US Census(2010) Page 523 of 743 Page 3 File Numbers CPTA 17-001 and LUAR 17-004 Future Land Use Element amendments Currently, the City's 2016 permanent population is estimated by the University of Florida to be 73,163. (The last available US Census number for July 2015 is slightly higher, at 73,966.) BOYTON BEACH POPULATION PROJECTIONS 87,000 ) r 82,000 77,000 x I r } f } 72,000 1 1111111' 011111 67,000 . 2010 2015 2020 2025 2030 2035 PB C projections 2011 68,217 72,336 76,603 82,172 86,595 ❑ PBC revisions 2013 68,217 71,752 76,144 79,703 83,901 87,218 PBC revisions 2015 68,217 72,867 77,412 81,355 84,861 88,299 Source: Palm Beach County Planning Department, based on the county's projections by Bureau of Economic and Business Research(BEBR), University of Florida. No projections for 2035 were generated in 2011. In 2015—as Palm Beach County continued to recover from the "great recession"—the County adjusted upwards its 2013 population forecast for the City. This action came after more optimistic BEBR county-level projections; however, the 2015 numbers for 2025 and 2030 remain below the levels projected for these years in 2011. (The PBC allocates the BEBR projections among the county's municipalities based on their future land use patterns.) According to these estimates and projections, by 2035 the City may add over 15 thousand new residents and (assuming the 2.3-person average household size) will need some 6,500 housing units to accommodate them. As of November 2016, already about 2,500 units are under construction, in the approval process, or under preliminary consideration. In the upcoming years, more units will be generated, predominantly through redevelopment, especially within the Downtown Transit-Oriented Development District (where a 25% density bonus is permitted) and surrounding neighborhoods. Please note that the last 10-Year Water Supply Facilities Work Plan, published in January of 2015, includes the City's population projections issued in 2013, not the revised, slightly higher 2015 numbers. Regardless, no capacity issues are anticipated within the 10 year planning period. The projections do not include any assumptions regarding future annexations, though ultimately they are likely to occur, further contributing to the population growth. Some Page 524 of 743 Page 4 File Numbers CPTA 17-001 and LUAR 17-004 Future Land Use Element amendments properties within the City's service area, which extends west of its boundary into the area referred to as "West Boynton," may eventually be annexed; there are also two large enclaves (approximately 22 and 8 acres) as well as several pockets at the southeast boundary of the City. No annexation initiatives are currently under consideration. Seasonal Population Seasonal population estimates are based on the number of housing units used for "seasonal, recreational or occasional" purpose as reported by the US Census. That number has been rising from 2,762 in 1990 to 2,944 and 3,330 in 2000 and 2010, respectively. The American Community Survey's 5-year, 2015 estimate-the last available-was 4,158 (with a margin of error of +/- 531). Assuming the average seasonal household size of 1.8 persons, Boynton seasonal population is likely to be between 6,000 and 8,000. The decennial census data shows that percentage of units for seasonal, recreational or seasonal use (in the total number of dwellings) decreased slightly between 2000 and 2010, from 9.6% to 9.2%, while their share based on the ACS 20157 5 year estimates was significantly higher, at 11.4%. Given the ACS methodology, no conclusions can be drawn about trends and projections for seasonal population untill the 2020 Census data arrives. Future Land Use Profile TYPE OF FUTURE LAND USE CLASSIFICATION ACRES PERCENT OF TOTAL LOW DENSITY RESIDENTIAL (LDR) Max. 5 D.U./Acre 3433.7 40.9% MODERATE DENSITY RESIDENTIAL(MODR) Max. 7.5 D.U./Acre 935.4 11.1% MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 10 D.U./Acre 255.3 3.0% HIGH DENSITY RESIDENTIAL(HDR) Max. 11 D.U./Acre 909.8 10.8% SPECIAL HIGH DENSITY RESIDENTIAL (SHDR) Max. 20 D.0/Acre 125.0 1.5% TOTAL RESIDENTIAL 5659.1 67.4% OFFICE COMMERCIAL(OC) 69.5 0.8% LOCAL RETAIL COMMERCIAL(LRC) 558.3 6.7% GENERAL COMMERCIAL(GC) 24.9 0.3% INDUSTRIAL(1) 347.9 4.1% TOTAL COMMERCIAL AND INDUSTRIAL 1000.7 11.9% RECREATIONAL(R) 474.0 5.6% PUBLIC& PRIVATE GOVERNMENTAL/INSTITUTIONAL(PPGI) 258.83.1% MIXED USE (MX) 92.9 _ 1.1/ MIXED USE CORE (MXC) 39.8 0.5% MIXED USE SUBURBAN (MXS) 76.7 0.9% DEVELOPMENT OF REGIONAL IMPACT(DRI) 723.28.6% CONSERVATION (CON) 67.0_ 0.8% TOTAL 18392.4 1100.02LJ The table shows the current distribution of future land use categories. Over 67% of land Page 525 of 743 Page 5 File Numbers CPTA 17-001 and LUAR 17-004 Future Land Use Element amendments carries one of the five residential classifications, with 41% of the total classified Low Density Residential. Projects under the current "urban" mixed uses—Mixed Use and Mixed Use Core—occupy approximately 133 acres in the CRA. The City is almost built-out. Out of the 419 privately-owned parcels totaling 199 acres, 386 (92%) are smaller than 1 acre. Generally, assembling such small properties for a developable site has been difficult as the properties are usually owned by different people. Out of the remaining 8%, only two are more than 10 acres (one of the two is under the Conservation Overlay, limiting its development potential). Both the City and the CRA own vacant parcels. The 46 undeveloped, CRA-owned properties are concentrated in the downtown and surrounding neighborhoods, mostly in the Heart of Boynton area east of N. Seacrest Boulevard. Of the City-owned 83 acres of vacant parcels, about 60 acres are currently considered undeveloped parkland. FLU ELEMENT TEXT AND FLU MAP AMENDMENTS INTRODUCTION The proposed text amendments affect the FLU Element's objectives and policies pertaining to: 1. The structure of the future land use classifications, to implement recommendations of the CRA Community Redevelopment Plan (Exhibit "C"); 2. The classifications' permitted uses, to update use categories so they better allign with changes in the economy and in the City's vision; and 3. Measures to protect life and property from natural hazards, as addressed in the recently adopted amendments to the Coastal Management Element. The proposed FLU Map amendments constitute an execution of the proposed changes in the structure of the future land use classifications, as applicable, to properties within the City. The main objective of the proposed amendments is the implementation of the 2016 CRA Community Redevelopment Plan, which will be added to the Support Documents of the Future Land Use Element. The Plan was adopted by the City Commission on October 4, 2016. It consolidates the previous redevelopment plans, delivers a comprehensive update reflecting the changes in economic environment and the City's vision and organizes the CRA area into six districts, providing specific recommendations for each, including future land use, urban design and streetscapes reflecting principles of the Complete Streets programs. The Plan's future land use recommendations include a modified structure of the future land use classifications as well as changes to CRA area-specific future land use designations on the City's FLU Map. While the former is the focus of the proposed amendments, the latter will be implemented incrementally through private development and redevelopment applications and occasional preemptive, City-initiated FLU Map Page 526 of 743 Page 6 File Numbers CPTA 17-001 and LUAR 17-004 Future Land Use Element amendments amendments for selected sites (such as the concurrently processed amendments for the planned Town Square project). Each of these will be reviewed on their own merit, the CRA Plan recommendations notwithstanding. Note that proposed changes in the future land use classification structure affect not lust the CRA but the City as a whole. The changes trigger the FLU Map amendments as analyzed below in this report. 1. Changes to the FLU Structure and Resulting Changes to the FLU Map A. Proposed Changes to FLU Structure The amendments include elimination of several future land use categories and creation of new ones, as well as modifications of the density caps. As shown in the table below, proposed changes cover the future land use classifications within the residential group (except Special High Density Residential) and mixed use categories. Existing FLU Density proposed FLU Density Change dare dare Resientii Ciassificafions Low Density(LDR) 5 Merged into one LDR Moderate Density(MODR) Low Density(LDR) 7.5 category; MODR category 7.5 eliminated Medium Density(MEDR) 10 Medium Density(MDR) 11 Density increased to 11 du/acre High Density(HDR) 11 High Density(HDR) 15 Density increased to 15 du/acre Special High Density(SHDR) 20 Special High Density(SHDR) 20 No change Urban mixed Use Classifications New FLU category; also N/A ' Mixed Use Low(MXL) 20 replaces MXS in suburban mixed use classifications Mixed Use (MX) 40 Mixed Use Medium(MXM) 50 New MXM FLU category', MX category eliminated Mixed Use Core(MXC) 80 Mixed Use High(MXH) 80 Renamed for consistency Suburban mixed Use iessi i ti n Mixed Use Suburban(MXS) 20 Mixed Use Low(MXL) 20 MXS category eliminated, replaced by MXL The proposed changes within the residential categories can be summarized as follows: • Merging the Moderate Density and Low Density residential future land use classifications into a single classification of Low Density Residential (LDR), with the maximum allowable density of 7.5 dwelling units per acre (du/acre). • Increasing the maximum density for: (a) Medium Density Residential (MEDR) future land use classification, from 10 to 11 du/acre, and (b) High Density Residential (HDR) classification, from 11 to 15 units per acre. Page 527 of 743 Page 7 File Numbers CPTA 17-001 and LUAR 17-004 Future Land Use Element amendments As expected, the CRA Plan recommendations emphasize mixed use FLU classifications, which are intended to play a major role in the ongoing revitalization of the CRA area, encouraging high quality design by providing greater flexibility. The proposed changes within the mixed use categories include: • Transition from two Urban mixed use future land use classifications—Mixed Use (MX) and Mixed Use Core (MXC) with maximum densities of 40 and 80 du/acre, respectively—to three classifications of Mixed Use Low (MXL), Mixed Use Medium (MXM) and Mixed Use High (MXH). The proposed changes address a considerable density gap of 40 du/acre between the two existing categories that has been determined to hinder creation of a desired urban form and urban identity for the Downtown and adjacent districts of the CRA. o Mixed Use Medium with the density cap of 50 du/acre would replace the current Mixed Use category with the density cap of 40 du/acre. o Mixed Use Low (MXL) is a new category, with the same maximum residential density of 20 du/acre as the Special High Density Residential (SHDR) category. Even though MXL would not necessarily require inclusion of commercial uses, maintaining a SHDR as a residential-only classification is important as it may be more appropriate than Mixed Use Low for certain locations. (SHDR does not allow commercial uses except for marine-oriented and water-dependent uses in conjunction with the Palm Beach County Manatee Protection Plan). • The Mixed Use Suburban (MXS) classification will be eliminated, replaced by the Mixed Low (MXL) category (no change in maximum density: both have the same 20 du/acre density cap). Note that this change is not included among the recommendations of the CRA plan as there are no properties in the CRA area carrying this classification; rather, it is proposed to consolidate the mixed use categories into a more coherent classification scheme. No changes are proposed to the DRI (Development of Regional Impact FLU classification), a de facto mixed use category. This category is defined by (three) individual projects' DRI use profiles and therefore cannot be absorbed into this structure. B. Changes to FLU Map As demonstrated in Exhibits "1131," "1132," and "1133," the changes to the structure of the future land use classifications described above would result in significant amendments to the FLU Map. For the residentially classified properties (Exhibits "B1 a" and "B1 b"), the amendments include the following: • All properties currently classified Moderate Density Residential would be reclassified Page 528 of 743 Page 8 File Numbers CPTA 17-001 and LUAR 17-004 Future Land Use Element amendments to Low Density Residential. • All properties currently classified High Density Residential would be reclassified to Medium Density Residential. Temporarily, there will be no properties carrying the "new" High Density Residental classification with an increased density of 15 du/acre, although the classification would be available for developers in CRA locations as indicated by the CRA Community Redevelopment Plan. For the properties with urban/suburban mixed use classifications (Exhibits "132a"/"132b" and "133a"/"133b"), the amendments include the following: • Properties currently classified Mixed Use would be reclassified—based on the Plan's recommendations—either to Mixed Use Low, Mixed Use Medium or Mixed Use High. • All properties currently classified Mixed Use Suburban would be reclassified to Mixed Use Low. The proposed amendments, including the new density caps, have been noted within the maps' legends (see exhibits). C. Analysis and Impact of the Proposed Density Changes • Low Density Residential: proposed density increase from 5 to 7.5 du/acre The first impact of merging of the Low- and Moderate Density Residential future land use classifications under the LDR category with a 7.5 du/acre density cap would be a "house cleaning" of the City's FLU map—namely, the elimination of a City-wide discrepancy whereby a significant number of properties classified LDR carry conventional zoning designations with maximum densities exceeding the 5 du/acre maximum of the LDR category. These zoning designations (with density caps of 5.5, 6.0 and 7.5 du/acre) currently correspond to the Moderate Density Residential category, but, with the latter to be eliminated, would be moved to the LDR category with the increased maximum density of 7.5 du/acre. The total area under the LDR classification is about 3,434 acres, of which 2,003 acres, or 58%, is developed as Planned Unit Developments (PUDs); the rest carry conventional zoning designations. Of the latter, some 1,286 acres are located within zoning districts with maximum densities already exceeding the LDR's cap of 5 du/acre. The issue is a legacy of the past. In 1979, Boynton Beach adopted and started implementation of its first Comprehensive Plan. In the subsequent years, the City proceeded with a slow reconcilliation of the zoning structure used prior to 1979— already reflected in the land use patterns "on the ground"—with the newly minted Plan's land use categories and other Plan's policies. On some already developed properties the discrepancies were never completely resolved. The chief factor limiting the potential impact of the proposed density increase is the fact that almost all land under the LDR classification is already developed (see Exhibit "D", Page 529 of 743 Page 9 File Numbers CPTA 17-001 and LUAR 17-004 Future Land Use Element amendments the map of Vacant Parcels Calssified Low Density Residential FLU). Only 52 acres of land classifed LDR are vacant; of these, there are three parcels of more than 2 acres (2.47 8 and 16 acres)—the rest are below one acre. Ultimately, rezoning any of these properties to districts allowing densities over 5 du/acre would be reviewed under the LDR's rezoning criteria, including compatibility with the current and future use of adjacent and nearby properties, as part of the approval process. • Medium Density Residential: proposed density increase from 10 to 11 du/acre Medium Density Residential (MEDR) currently occupies the second smallest area, 255.3 acres (3%), within the residentially-classified lands. Some 26 acres of this area are undeveloped, with only one parcel (slightly) exceeding one acre in size. Staff is of the opinion that an impact of 1 du/acre increase in density would be negligible. The MEDR category would absorb 910 acres of properties which are now under the High Density Residential category; the current zoning designations for both would merge. Again, rezoning of any of the properties currently under the MEDR classification to a zoning district allowing a density of 11 du/acre would be reviewed under the LDR's rezoning criteria, including compatibility with the current and future use of adjacent and nearby properties, as part of the approval process. • High Density Residential: proposed density increase from 11 to 15 du/acre Temporarily, there will be no properties carrying the "new" High Density Residental classification with an increased density of 15 du/acre, although the classification would be available for developers in CRA locations as indicated by the CRA Community Redevelopment Plan, providing the review criteria for future land use map amendments are met. It would also be available in other locations in the City, for which no Redevelopment Plans have been developed, depending on outcomes of the LDR's criteria-based review. • Density impact of Mixed Use property reclassifications As already stated in this report, the 2016 CRA Plan recommends both changes to the structure of the FLU classifications and extensive changes to the existing classifications of properties within the CRA. The only FLU Map amendments proposed as part of the subject request are limited to those necessitated by changes to the FLU structure. To reiterate, they include: o Citywide reclassifications of residentially classified properties forced by (a) the elimination of the MODR category and (b) an increase of the density cap of the MEDR category to that currently associated with the HDR category and the resulting incorporation of HDR-classified properties into the MEDR classification; o CRA-wide reclassifications of Mixed Use classified properties—forced by the elimination of the Mixed Use category—to other mixed use categories consistent with the Plan's recommendations; and o Reclassifications of properties classified Mixed Use Suburban forced by the Page 530 of 743 Page 10 File Numbers CPTA 17-001 and LUAR 17-004 Future Land Use Element amendments elimination of that category. The impact of the reclassifications of Mixed Use properties included in the subject request should be considered in the context of their location. All the Mixed Use properties subject to proposed reclassifications and located within the Downtown Transit-Oriented Development District (DTODD)—which covers a % mile radius around the future station (just south of Boynton Beach Boulevard) of the planned Tri-Rail Coastal Link commuter service—would carry classifications with a higher density cap than their current 40 du/acre. These are proposed to be either the Mixed Use Medium with a maximum density of 50 du/acre or Mixed Use High, with the permitted density of up to 80 du/acre. The City aims to improve land development patterns in the area in advance of station development though District-specific regulations, which now include a 25% density bonus. An increased density and intensity of development are the most significant transit- supportive features of Transit-Oriented Development districts, with minimum levels of development recommended by Florida Department of Transportation. According to the Department's TOD 2012 Guidebook, a Community Center Station, a model for the Boynton Beach DTOD District, needs densities between 11 (corresponding to 4,862 units in the subject area) and 16 dwelling units per acre. The total number of units within the District is currently about 3,100, resulting in the gross density of 7.027 dwelling units per acre. The subject reclassifications and FLU Map amendments implementing the 2016 CRA Plan—including the concurrently processed amendment for the Town Square project—would help the DTOD District close this density gap. Other proposed reclassifications of Mixed Use-classified properties indicated on the FLU Map in Exhibit "B2" (also consistent with the Plan's recommendations) include: o South of DTOD district: the property on the northwest corner of US 1 and Woolbright Road, developed with the mixed use Las Ventanas project in 2009 (not likely to be intensified in the foreseeable future and located across the intersection from the property on the southeast corner with the same MXH future land use classification); o North of DTOD district: reclassifications to Mixed Use Low; with lower density more compatible with the surrounding single-family neighborhood; and o North-west of the DTOD district: reclassification to Mixed Use Medium of the area fronting Martin Luther King Jr. Boulevard, adjacent to properties classified Local Retail Commercial. A 10 du/acre density increase will support a commercial node at the Martin Luther King' Jr. Boulevard/ Seacrest Boulevard intersection. 2. Amendments to Permitted Uses A list of permitted uses have been created for the new Mixed Use Low FLU classification; for the existing classifications, significant amendments to permitted uses are proposed, mainly for the commercial and industrial categories (some are also Page 531 of 743 Page 11 File Numbers CPTA 17-001 and LUAR 17-004 Future Land Use Element amendments proposed for residential and mixed use ones). Generally, the reasons for the latter are: • Most of the subject policies of the Land Use Element are nearly 30 years old. This translates into some outdated uses or oudated language in use descriptions, as well as a presence of uses that are no longer feasible, appropriate or aligned with the City vision (for example racetracks, arenas, amusement parks and revival tents). • Some of the general descriptions lack clarity, others include unnecessarily detailed characteristics of uses more appropriate at a zoning level; a number appear redundant. • Revisions will assure clear and unambiguous consistency between a general category of a use permitted in a given FLU category and uses under that category permitted in corresponding zoning districts. No use can be allowed in a zoning district if it cannot be reasonably linked to a permitted use in the underlying future land use classification. 3. Other Proposed Amendments Adiustment to Obiectives and Policies for consistency with the Coastal Management Element On December 6, 2016, the City commission adopted amendments to the Coastal Management Element based on the Evaluation and Appraisal review of the Comprehensive Plan pursuant to Section 163.3191(1), Florida Statutes (F.S.), and Rule Chapter 73C-49, Florida Administrative Code. The amendments were in response to, and addressed, new statutory requirements for the CM Element contained in section 163.3178(2)(f) enacted on July 1, 2015, pertaining to prevention/mitigation of flood hazards in the coastal areas. Amendments to several objectives and policies are proposed to assure consistency with the above mentioned amendments to the Coastal Management Element. They include changes to Objective 1.10 and its policies, aimed at steering population concentrations—especially those of vulnerable populations—away from high flood risk areas such as Coastal High Hazard Areas and FEMA-defined Special Flood Hazard Areas. The current Policy 1.11.4 was revised, committing the City to amend Land Development regulations to prohibit hospital and residential quarters for the elderly and other people with special needs to locate within either of these high flood risk zones. Amendments to the econonomic development section (Objective 1.17) The policies in this section aim at protecting the City from further loss of commercial and industrial lands to other uses. As part of the 2016 CRA Community Redevelopment Plan, there have been recommendations for area-specific future land use changes that eliminate commercial and industrial categories in selected locations but then add them to other areas. The proposed amendments incude a policy requiring future redevelopment plans to apply a comparable zero-sum game approach to future land Page 532 of 743 Page 12 File Numbers CPTA 17-001 and LUAR 17-004 Future Land Use Element amendments use reclassifications. Another proposed revision pertains to the City's Economic Development Strategic Plan, completed in November of 2016. Instead of creating a new, Economic Development element to the Comprehensive Plan, the City will add it to the Future Land Use Support Documents and consider its recommendations when amending the Comprehensive Plan or the Land Development Regulations. RECOMMENDATION As indicated herein, the proposed City-initiated text amendments and related FLUM amendments implement the recommendations of the 2016 CRA Community Redevelopment Plan and provide for consistency of the FLU element with the recently amended Coastal Management element. Therefore, staff recommends the approval of the proposed Future Land Use Map amendments and the concurrently processed amendments to the Future Land Use element for the transmittal to the State for an Expedited State Review. ATTACHMENTS S:\Planning\SHARED\WP\SPECPROJ\Comp Plan Text Amendments\CPTA 17-001 FLUE\STAFF REPORT\Staff Report CPTA 17- 001 FLUE 01_23.docx Page 533 of 743 EXHIBIT A City of Boynton Beach Future Land Use Element Goals, Objectives, and Policies GOAL 1 Provide a range of land uses which accommodate a full range of services, and activities, and housing types, while minimizing land use conflicts, maintaining the character of the community, ensuring adequate public facilities, and minimizing adverse impacts on natural resources. Objective 1.1 Land development and future land uses shall continue to be coordinated with the provision of the following facilities and services, concurrent with the needs of the existing and future land uses, and consistent with the adopted minimum levels of service standards contained in this Comprehensive Plan: 1. Roadways 2. Potable Water 3. Sanitary sewer 4. Solid Waste 5. Stormwater Drainage 6. Recreation and Open Space 7. Public School Facilities Measurability: Number of permits issued in conformance with concurrency ordinances. Policy 1.1.1 The City shall issue development orders or permits only if infrastructure for potable water, sanitary sewer, solid waste and stormwater drainage exist, is provided for in accord with the requirements of this Comprehensive Plan, or will exist concurrent with the impacts of the development, and is sufficient to maintain or exceed adopted levels of service. Policy 1.1.2 The City shall issue development orders or permits only if roadways, recreation, and school facilities exist, are provided for in accord with the requirements of this Comprehensive Plan, or will be available to serve new development in accord with conditions set forth in Policies 9.2.2 and 9.2.3 of the Capital Improvements Element, and are sufficient to maintain or exceed adopted levels of service. Policy 1.1.3 The City shall continue the enforcement of the adopted County- wide Traffic Performance Standards Ordinance, and conformance City of Boynton Beach 1-1 Date: October 21,2008 Water Supply Facilities Plan Future Land Use Element Amendments 08-01WS Ordinance 08-016 Page 534 of 743 to the Level of Service Standards set forth in that ordinance, except where reasonable exceptions have been approved in accordance with that ordinance and do not exceed the Level of Service Standards set forth in Objective 2.1 of the Transportation Element. Policy 1.1.4 The City shall continue to coordinate with the Palm Beach County School District to ensure that adopted levels of service for school concurrency are met. Policy 1.1.5 The City shall continue to ensure, through coordination with the Palm Beach County Solid Waste Authority, that adequate solid waste disposal capacity is available before approving any changes to the Future Land Use Map. Policy 1.1.6 The City shall continue to require that all development approvals be conditioned upon obtaining required approvals and permits from the South Florida Water Management District and the Lake Worth Drainage District. Policy 1.1.67 The City shall ensure that all proposed land use changes submitted to the Department of 1 -orturlitV will include data and analysis demonstrating that adequate water supplies and associated public facilities are available to meet projected growth demands. If necessary, an amendment to the Capital Improvements Element will also be included. Objective 1.2 The City shall continue to ensure the availability of land for utilities and services by evaluating the need for such land, particularly in the review of development projects, and shall allow adequately-zoned land for same. Measurability: Land area allocated or available for utilities and services. Policy 1.2.1 The City shall continue to enforce regulations to require the dedication of sites, easements, and rights-of-way for utilities and services which are needed to serve the project and surrounding land uses, as a condition of approval of development plans. Policy 1.2.2 Should dedication of sites, easements and rights-of-way be required, the dedication shall not reduce the density or intensity of the development, where doing so would be reasonably possible; otherwise, the City shall consider the purchase of property, if dedication of land is not feasible. City of Boynton Beach 1-2 Date: October 21,2008 Water Supply Facilities Plan Future Land Use Element Amendments 08-01WS Ordinance 08-016 Page 535 of 743 Policy 1.2.3 The City shall continue to allow potable water wellfields to be located in any land use category or zoning district. Objective 1.3 Future development and redevelopment within the City shall continue to be regulated through administration of the Land Development Regulations specified within the City's Zoning Code, Community Redevelopment Plans, ionic _Building Code and subdivision regulations. Measurability: MO it0rin n ` ��t�� � - ��� �ta�m�-----of the Land Development Regulations_c)r� cons,istenci (cityelle ,aid )LSI cy ,Lo ctlments, t g r y Policy 1.3.1 The City shall continue to implement the - , -U� , future Carie_-usc c:_atelT,ories in accordance with the 4 °° -Rt descriptions o € ,. 2 provided in tl-is oCic:.y.. Et Y• - densities and intensities shall be the ` ��--The . _�; maximums allowed, butmaximums a wiII riot_ necessarily ��� � ��er� fitted in corresporrdin T a t -[-� 1---u ������ y ----zoning districts. The -[-wT,and c1-wC�evelopment regulations or other provisions of the City's Comprehensive Plan or Code of Ordinances may prohibit or regulate certain specific uses if doing so would be reasonable. Furthermore, other uses which may have land use characteristics very similar to those uses listed under a particular land use category may also be allowed in that land use category. One or more zoning districts, including planned development districts, shall be established to implement each of the following land use categories. a. Residential category shall provide a mix of available residential densities to accommodate a variety of housing types sufficient to meet the needs of the present and projected population of the City, including the provision of adequate sites for housing very low-, low- and moderate income households and for mobile and manufactured homes. Residential land use designations are described below: Future Land Use Designation Maximum Gross Density Dwelling Units (DU)/Acre (AC) Low Density Residential -7.5DU/AC Flo. ry Medium Density Residential =t -;-1DU/AC High Density Residential" ;1m5DU/AC City of Boynton Beach 1-3 Date:June 3,2014 Comprehensive Plan Future Land Use Element Amendments:14-1ESR Ordinance 14-003 Page 536 of 743 Special High Density Residential:`: 20 DU/AGS, *Maximum density for projects located in Downtown TOD District shall be 75 18_DU/AC. In addition to dwelling units, other land uses in support of the residences may also be appropriate therein: 1. Home occupations i+n4 t44er r }k-+- & ---- - d 2. Parks, playgrounds, golf courses, open space and other outdoor recreational facilities and recreational, civic or cultural buildings ancillary to the primary outdoor recreational use of the site; 3. Community facilities designed to serve the residential area, such as elementary, middle and high schools, churches, day care centers, governmental administration, police and fire protection facilities, libraries and civic centers; Group homes, and nursing homes or related health-care facilities which are comparable in density, character and impact; 4. Public utilities including transmission facilities, pumping and transfer stations; excluding water and wastewater treatment plants, landfills and electric power generating facilities; 5------A � w .obile home parks_- _I-ic 1-i shall conform to the density shown on the Future Land Use Plan; however, _ ' mob- -il-e---home parks in which the residential density excsthe maximum density shown on the Future Land Use Plan shall be permitted to continue at the existing non-conforming density until the use of the entire mobile home park is terminated;err .. 6. Retail rest Ur rlts, ___personal aril otl-er services as ac:.c:.essory. In addition to other allowed non-residential uses, the City may allow marine-oriented and water-dependent uses in the Special High Density Residential category in conjunction with the Palm Beach County Manatee Protection Plan (the MPP) as adopted in August of 2007. A site for a proposed facility must be designated as "preferred" by the Boat Facility Siting Plan contained in the MPP and must be consistent with all applicable Plan recommendations and policies for boat facilities. The City shall also establish land development regulations that maximize land use compatibility and City of Boynton Beach 1-4 Date:June 3,2014 Comprehensive Plan Future Land Use Element Amendments:14-1ESR Ordinance 14-003 Page 537 of 743 protect residential neighborhoods from negative impacts of subject uses. Commercial category shall allow a broad range of commercial uses to provide for business, retail, service, office and other commercial enterprises which support the resident and visitor populations and create employment opportunities. Commercial designations on the City's Future Land Use Map include the following: Future Land Use Designation Maximum Floor Area Ratio (FAR) Office Commercial 0.40 Local Retail Commercial 0.50 General Commercial 0.50 In the Office Commercial designation, the allowed uses will be limited to, but not necessary include, the following: 1. Business, professional and administrative offices; 2. Financial institutions; 3. Funeral homes; 4. Places of worship; 5. Schools and instruction, day-care centers and educational institutions; 6. Museums; 7. 44c ___ca re. servic es_ar1ci f_acilitiesm, group homes-arid- nursing homes 8. Social and civic clubs and organizations; 9. Civic and community centers; 10.Limited retail and business services related to the above uses:-, II D, eLlirw units as ac:c:essor arlci -,12, Cemetery as accessory to a furieral l-or e. Uses allowed in the Local Retail Commercial designation will be limited to, but not necessarily include, all uses permitted in the Office Commercial designation and the uses listed below: I-,-----Retail uses, personal services and repair of consumer goods; 72,9-iowroom warel-ouses; City of Boynton Beach 1-5 Date:June 3,2014 Comprehensive Plan Future Land Use Element Amendments:14-1ESR Ordinance 14-003 Page 538 of 743 3. Business services which are compatible with retail uses; wl•-----Indoor----and-----out oor----e ntertainment, recreation arr , r Artrst studios 6,Lodging facilities; -':%,Marinas and boat storage; -77—Passenger transportation facilities;4507 8. 4g i ,. *ie _ a 9 Limited light industrial uses;, it h ,9-,10, Adult entertainment. Uses allowed in the General Commercial designation shall be limited to, but not necessary include, all uses permitted in the Local Retail Commercial designation (except non-accessory residential uses), and the uses listed below: 1Business services; -1-72, Dai; and Trade 1..,abor Pook i i..: e,+t-Sstorage; ric 4______ wl,r 2te m_ariufac turrrl .. warel-iousrri arrd repair. c. Industrial category shall allow industrial uses which provide opportunities for the retention and expansion of economic activities associated with manufacturing, processing or assembly plants and their support enterprises for warehouse, storage, distribution, research and development. Development within this designation shall have a maximum Floor Area Ratio (FAR) of 0.50. Uses allowed in this land use category will be limited to, but not necessary include, the following: 1 -----M-arrufa tt ririy,, fal)ricatiorl, and proc:.essirrix uses; 1-72, Researc[i and Develops errt; City of Boynton Beach 1-6 Date:June 3,2014 Comprehensive Plan Future Land Use Element Amendments:14-1ESR Ordinance 14-003 Page 539 of 743 3. 14+t ,'frit 1-------distribution, ess a ....:r-er------s-er-viee&7 warehousing and storage; 44, Business and repair services; - ,Transportation, communications, and utility facilities; 6, L,im iced retail sales acid office uses; ----- iff _;- 7.____l�itrress_L Cubs arrd_atl-iCetic irrstru t_ _iorr� �. mTra e . ma.rr mm2rrt� . .str2aC scml-iooC.sr 4-.9. lrrdoor errtertairr errt° and 57--l-O.-Adult entertainmentw t i tom; +, ;�,�,,, .• r�,�, f +ts d. Mixed Use category shall provide for the vertical or horizontal mixing of land uses within a single site in order to allow development and redevelopment in specific geographic areas of the City that take maximum advantage of existing utility systems and services; and promote compact development, safe and pedestrian-friendly streets, and provide transportation choices. All RrivateCy-initiated land development located within any mixed use designation shall be required to submit a plan that includes a single unified design for the projector arft4----sb-41 ,c.- r t-o-..a: y....a4efd a.... c "` .... . ... Future Land Use Maximum Density (du/ac) Designation or Floor Area Ratio (FAR) Mix-d—ILe-1mow 2.1-dLslacre, acid 2.5 I{AR (exciuditi..Y Mixed Use_Me d i u rte 4i--50 du/ac and 3.0 FAR (excluding parking (east of I-95)mm structures)*... (A FAR of 3.5 may be considered for development abutting the Mixed Use HigE - e designation or meeting other locational criteria) City of Boynton Beach 1-7 Date:June 3,2014 Comprehensive Plan Future Land Use Element Amendments:14-1ESR Ordinance 14-003 Page 540 of 743 Mixed Use-4 I-i b. 80 du/ac and 4.0 FAR (excluding parking (east of I-95) structures)** x M xin��zn7 do nwzt fOl, ct�locatc� s D�7s,mown'IO1�Dz�tri<t shy((17c 7:7171.1/ f' "Maximum density for projects located in Downtown TOD District shall be 54167 DU/AC. ***Maximum density for projects located in Downtown TOD District shall be 100 DU/AC. ,yJotc I� he area east of Federal jflora fl-le ofel' 11 11i OSS do nw�t Shall 1-10t(X((Td 10 Li/ac re.!. j ­­­-­­­­ In the Mixed Use designations, the allowed uses will be limited to, but not necessary include, the following: 1. Business, professional and administrative offices; 2 Retail uses, personal services, business services which are compatible with retail uses; ;__,Marinas; I tri oor el;ntertalnment;-- :'t&-at ,-Itrai-R=r•"s-�."e,';`.-0sitk) i4e.� • 'E"&; '�70, l'itriess clubs ars atl�Cetic; ir�strllL:tior�° 4_-7.Hotels; S Residential uses with a. gross density or -- as defined_-b tl-e table above; -Healtl- care seryices lfaLm,iC2tt�s� l�roup l�oj es ars r�t�rsit��� 11021ts, 10. Places of worship 1"i, r ,t t•. -a- 1..........:14g4--- chools and day-care services; q�11 Governmental uses; and '13 Home occupations. Land use types shall be permitted according to the following ranges, expressed as a percentage of the total area in this plan designation. The percentages shall be applied on an areawide basis but shall not be interpreted to require each development to have a mixture of uses. e_r---tl-ie--- ixed�___Use T.,ow.,_Ranges of Allowable Percentages of Land Use w-Within the Area are: Residential 70%-905% Non-residential -W5%-30% City of Boynton Beach 1-8 Date:June 3,2014 Comprehensive Plan Future Land Use Element Amendments:14-1ESR Ordinance 14-003 Page 541 of 743 F.21-11-ie---Mix-ed---Use--M.ed iu o-f--I..,a ri d--LJs-e--wi ti-ii-ri--tl-ie-.A-re-a--a-re-:. .Resideritial ----------------------------70-%-90-% Nori-.re-si-d-e-rilial----------------------1-0-%-30% For tl-ie Mixed Use Hi -es of All. wab .')erc . I-i,-.Rari Tes of , Ne IP .erita es of ------------------------------------------------- g --L-------------------------------jT,— I..,a-rid--LJse-wi-t-i-i-i-ri--tl-ie--.A-r-ea--a-r-e:. .Resideritial 30%-70% ori residential 30%-70% The cumulative development in these areas shall be monitored to ensure that the proportional mix of uses is achieved by the year 2025. 4c,---Ww-,d -or-e ---uses-w44-44e 14n4e4-t&j 7- 4-� Rle.514CI-11+44 u-5e&----w-44---ii4��, �n4 des+ff, -.f 4ef c-eRta O44+se-s, ------------------------------------------------------------------------------- -4 1 4�.- -Fesideff 41- ---------------------------------------- City of Boynton Beach 1-9 Date:June 3,2014 Comprehensive Plan Future Land Use Element Amendments:14-1ESR Ordinance 14-003 Page 542 of 743 a-s ec?rs--se red- b€tom TSS -�"__x�-z.fT „,,,,,-, ,.��`'y "-s __"f•$�--�h�--�-�3de��""�-a�°�'se;[ t�',.,�-,g,-„-,�,,,• e+,a"__ ,;,8„ ,t;• f 14 -4 s 7 44 Q/_ 42' Q/_ .. ._�_ ti rve_e e..rve J'_��"4�7".". - ”"t""..� ""C�"�'"�d'L�' s i i u•cr�".". ".".- � -� �;-C�."E-"'...._,` ".:- p rve i ra- ] n Y^Y0% ra a a c nc w'd a^E"e..we�a 'd -""""." - �;r---s—r-r """""":�.-4-. rr�r c}a- -u,r� FFS e:rF Fx���'"{.."."."'I.. - "c�'..�}�,-"".".".. City of Boynton Beach 1-10 Date:June 3,2014 Comprehensive Plan Future Land Use Element Amendments:14-1ESR Ordinance 14-003 Page 543 of 743 b. Development of Regional Impact (DRI) category shall consist of all approved DRIs. Each DRI shall adhere to the conditions contained within its adopted Development Order as amended from time to time. The approved development amounts for each land use type for each DRI are found below. Minimum and maximum limits on development represent a 30% variation from approved levels. Development beyond those levels would represent a Substantial Deviation pursuant to the requirements of Subparagraph (b) of Subsection (19), Chapter 380.06, Florida Statutes. 1. The Renaissance Commons (fka Motorola) Development of Regional Impact (DRI), approved by Ordinance 79-36, as most recently amended by Ordinance 04-013 (the "Development Order"), is a multiple-use project proposed to contain multi-family residential, commercial and office uses. Consistent with the Renaissance Commons DRI Development Order, the approved land uses and intensities shall be as follow: Land Use Minimum-Maximum Intensity High density Residential 1,085 du to 2,016 du Office Commercial 173,460 sf to 322,140 sf Local Retail/General Commercial 149,100 sf to 276,900 sf Traffic generation for the Renaissance Commons DRI shall not exceed 1,634 p.m. peak hour trips (For compliance with Article 12, Traffic Performance Standards of the Palm Beach County Unified Land Development Code). 2. The Boynton Beach Mall Development of Regional Impact (DRI), approved in Palm Beach County by resolution R-74- 343, and most recently amended by City of Boynton Beach Resolution 05-049, is a single use retail mall. Consistent with the Boynton Beach Mall DRI Development Order, the approved land use and intensity shall be as follow: Land Use Minimum-Maximum Intensity City of Boynton Beach 1-11 Date:June 3,2014 Comprehensive Plan Future Land Use Element Amendments:14-1ESR Ordinance 14-003 Page 544 of 743 Local Retail Commercial 808,107 gla* to 1,500,771 gla *Gross Leasable Area Traffic generation for the Boynton Beach Mall DRI shall not exceed 3,306 p.m. peak hour trips (For compliance with Article 12, Traffic Performance Standards of the Palm Beach County Unified Land Development Code) as approved in the ADA dated May 7, 1974. 3. The Quantum Park (fka Boynton Beach Park of Commerce) Development of Regional Impact (DRI) approved by City of Boynton Beach Ordinance 4-51, and most recently amended by Ordinance 7512-001, is a mixed use project containing industrial, office, commercial, residential and governmental/institutional uses. Consistent with the Quantum Park DRI Development Order, the approved land uses and intensities shall be as follows: Land Use Minimum-Maximum Intensity High Density Residential 1,334 du to 2,477 du Office Commercial 446,530 sf to 829,270 sf Local Retail/General Commercial 500,506 sf to 929,512 sf Industrial 1,205,890 sf to 2,239,510 sf Governmental/Institutional 239,510 sf to 443,947 sf Traffic generation for the Quantum Park DRI shall not exceed 8,058 p.m. peak hour trips (For compliance with Article 12, Traffic Performance Standards of the Palm Beach County Unified Land Development Code) as approved in the ADA dated December 18, 1984. f. Public and Private GovernmentaWnstitutional category shall include sites which are occupied by city hall, public works complexes, hospitals, libraries, utility plants, cemeteries, and civic or community centers, places of worship, and public and private schools. Land within this designation shall have a maximum Floor Area Ratio (FAR) of 1.0. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: City of Boynton Beach 1-12 Date:June 3,2014 Comprehensive Plan Future Land Use Element Amendments:14-1ESR Ordinance 14-003 Page 545 of 743 1. Government office buildings, libraries, police and fire stations; 2. Utility plants, stations, and substations; 3. Government storage and maintenance facilities; 4. Other government-owned or -operated uses; 5. Public schools, places of worship, private schools, day- care services; 6,-----Hospitals7--&Fid--a­m­4tafys ; 6777. Medical facilities as accessom I-----Social and civic clubs or organizations; 9. Retail sales, restaurants as accessom --------------------------------------------------------- - - - - LI 10._Cemeteries; civic and community centers, and their ancillary outdoor recreation facilities;._,aLjj,-, I Funeral 1-iomes, g. Recreational category shall include active and passive recreation facilities and parks that are both publicly owned and privately owned. It shall be the policy of the City that all land acquired for public parks, excluding those which are located in planned zoning districts shall be placed in the Recreational land use and zoning category within five years of acquisition. Development within this designation shall have a maximum Floor Area Ratio (FAR) of 0.50 The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: 1. Public parks and recreational facilities; 2. Golf courses; 3. Private parks and recreation facilities; 4. Indoor entertainment as ccessom -ieaters; 6,-----Social and civic clubs and organizations; officesl° S. Civic and community centers;, i+n-e+ +e----+YcA4eef f- "4e+ia4-�- ' ` ,97 I-----M_u_se_u_m_s;. 10. Medical facilities as accessom and -cid I. Retail sales, restaurants as accessorv, -------------------------------------------------------— h. Conservation shall be applied to any natural areas acquired within the City for the purpose of conserving or protecting natural resources or environmental quality. These areas may be used for wildlife management, passive recreation and City of Boynton Beach 1-13 Date:June 3,2014 Comprehensive Plan Future Land Use Element Amendments:14-1ESR Ordinance 14-003 Page 546 of 743 environmental restoration/protection. No development is allowed in the Conservation land use category other than site improvements to support uses that are deemed appropriate and consistent with the function of the designated area. The City shall coordinate with Palm Beach County to designate environmentally sensitive lands that are publicly acquired within the incorporated area as Conservation. Conservation Overlay: The uses, densities and intensities allowed in this land use category shall be the same as for the underlying land use category, however, in accordance with the policies contained in the Conservation Element, a minimum of 25% of native habitat occurring on any development site shall be preserved; furthermore, mangroves which occur on these sites shall be preserved consistent with federal, state, and Palm Beach County regulations, and policies contained in the Strategic Regional Policy Plan. The City may allow reasonable intensification of the remainder of sites in this category above the intensities which are generally permitted for the purpose of preserving more than 25% of the native habitat on site. Policy 1.3.2 The City shall continue to administer land development regulations that address and regulate the following: a. All land uses identified on the Future Land Use Map; b. The coordination of ----land uses with the appropriate topography and soil conditions; c. Compatibility of adjacent land uses and buffering and screening of uses; d. The subdivision of land; e. Signage; f. Areas subject to seasonal or periodic flooding and provisions for drainage and stormwater management; g. The protection of environmentally sensitive lands, water wellfields and aquifer recharge areas; h. Access Management; i. On-site mvehicular circulation, parking lots and loading areas designed and sized to provide the maximum reasonable degree of safety and convenience; j. The provision of open space; k. The protection of known and discovered archaeological sites; 1. The identification, documentation, and preservation-of historic and cultural resources; City of Boynton Beach 1-14 Date:June 3,2014 Comprehensive Plan Future Land Use Element Amendments:14-1ESR Ordinance 14-003 Page 547 of 743 m. The protection of natural resources; and, n. The availability of facilities and services at adopted levels of service concurrent with the impacts of development. Objective 1.4 The City shall encourage innovative land development regulations that implement this Comprehensive Plan. Measurability: Number of amendments to the land development regulations that foster innovative regulations consistent with the objective. Policy 1.4.1 The City shall encourage a mixture of quality light industrial, commercial and office uses within commercial and industrial districts where such projects would not create significant land use conflicts and adequate public facilities are available to serve such uses. Policy 1.4.2 The City shall continue to modify land development regulations as needed to make them more effective or less burdensome in achieving goals and objectives of this Plan, and to seek innovative regulatory solutions to promote economic development and sustainability initiatives. Objective 1.5 Land development shall be accomplished in a manner which minimizes erosion, flooding, and other problems due to topography. Measurability: Incidences of flooding, erosion and other problems due to topography in new development projects. Policy 1.5.1 The City shall continue to enforce regulations that prohibit the destruction of oceanfront dunes. Policy 1.5.2 444e "— a4--.,�„nttnAAe.....: 4'C-JY i b e x t&z� - U=`44+ff,----rJ'441----�-�a..._-cof i stR+ te4----cY°YYs4----:t44e -i``"rr n+m-t+n +r-st-4400T e- v -� ,".��---- ---- �� onstruction o buildings, structures, and infrastructure shall comply with the City's loo- Preve–n-tio-n .�od,e which shall comply with the requirements of the National Flood Insurance Program, and the Florida Building Code, as well as applicable regulations of the South Florida Water Management District and Lake Worth Drainage District. City of Boynton Beach 1-15 Date:June 3,2014 Comprehensive Plan Future Land Use Element Amendments:14-1ESR Ordinance 14-003 Page 548 of 743 Policy 1.5.3 The City shall continue to adopt and enforce regulations that prohibit the removal of rock or soil from property, except to the extent necessary to prepare a site for development. Policy 1.5.4 The City shall continue to enforce regulations to provide that the grading of development sites shall take into consideration the existing and future grade of adjacent properties and rights-of-way. Objective 1.6 The City shall coordinate future land uses with soil conditions so that urban land uses are prohibited in locations where it is not economical to remove or treat unsuitable soils that would adversely affect the performance of infrastructure, buildings and other structures, and drainage. Furthermore, the __Cit y m� require land development and construction to be accomplished in such a manner so as to prevent unsuitable soils from adversely affecting the performance of infrastructure, building and other structures, and drainage. Measurability: Number of development orders or permits denied because of unsuitable soil conditions. Policy 1.6.1 The City shall continue to adopt and enforce regulations to prohibit development of urban land uses where the removal or treatment of unsuitable soils would be uneconomical, provide that unstable soils shall be removed in all construction and land development sites where these soils would affect the performance of infrastructure, drainage, and buildings or other structures. Policy 1.6.2 The City shall continue to adopt and enforce regulations to require that soils be tested and results of same submitted with subdivision plans and building permit applications, in accordance with the Florida Building Code. Policy 1.6.3 The City shall continue to adopt and enforce regulations that require subdivisions to be designed and constructed so as to remove unstable or impervious soils which would adversely affect the performance of buildings, structures, infrastructure, or drainage. Objective 1.7 The City shall strive_to--- m 4n ---a__ rove blighted residential neighborhoods and business districts through the - .i implementation of_the Community Redevelopment Plan-, within the $' -a ha e Community Redevelopment Area. City of Boynton Beach 1-16 Date:June 3,2014 Comprehensive Plan Future Land Use Element Amendments:14-1ESR Ordinance 14-003 Page 549 of 743 Measurability: 41im-1 ' -f�..... v --'. e 2016.. Community Redevelopment Plan i leiiieii trttioii L�r_oar e,;,; ' ?,. Policy 1.7.1 The City shall E s dc-rf-o-11-o-wm the recommendations of t-1-1-e-adopted Community Redevelopment Plans ,n----g `de4nQs--to___tlle i axim-um mexterit_feosibl-e-when reviewing 1 i n +4--r ,. Lys!! .Vi ent a plications pertainin,T to m . -property within the Community Redevelopment areas. Policy 1.7.2 The City shall encourage land assembly to promote large-scale redevelopment and infill projects. Policy 1.7.3 The City shall require that designs for redevelopment and infill projects encourage the use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. Policy 1.7.4 Bv tl-ie errs of 2017, the City shall evaluate - _need for redevelopment plans for mspecific areas of the City that are not within the City's designated Community Redevelopment Area. If an evaluation determines such a need, the development of such plans shall be added to staff work program. Objective 1.8 The City shall discourage t -- , tiof �urban sprawl sh*9-4-a," --���_____.__m ___'onC1 txa g to pro ote a compact urban development pattern that provides opportunities to more efficiently use -rev L�f infrastructure, land, and other resources and services,_ b y - - , m -- ' Measurability: �rov:d "rorart°° rcfrt � r � � t . . m�° t 4 Policy 1.8.1 The City shall provide water and sewer service, according to appropriate contribution requirements, to all existing and proposed urban land uses within the water and sewer service areas delineated in the Potable Water and Sanitary Sewer Sub-Elements, up to the densities and intensities 4 _+ utilized in t-1-1-e-201-5. f4 , --ti __gd to sy 1.QmYear----Water m 1v Ea-cilitieS Work Plan. City of Boynton Beach 1-17 Date:June 3,2014 Comprehensive Plan Future Land Use Element Amendments:14-1ESR Ordinance 14-003 Page 550 of 743 Policy 1.8.2 The City shall h -discourage urban sprawl by; A. or � e�runt r�t i ri to promote` . o compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible; and B. Requiring, in all future development and redevelopment in the City, land use patterns that are non-strip in nature and demonstrate the ability to attract and encourage a functional mix of uses. ....... y : ®____ ®y----the .. ""$ "" gym Res.,,. b .a k m . r__ ,. ----- d______ -______ ------- . _____ ____ h . .....� �-& -_ (?4 , .ea,t+n,444 of............. f' -EBF I f .Jl an:.....r,a 5 4..4 4",10 t e 1, . 4 i 7 e -ata _ I:tS ia k-I , • ...:'. .: x big1 F xs .... .... ..... ..... . 'Pie Objective 1.-W9 The City shall reduce, and eventually eliminate, uses that are inconsistent with the character of the City, or with adopted redevelopment plans,--, �-�-� 1 , Measurability: Number of inconsistent uses reduced or eliminated within the planning period. City of Boynton Beach 1-18 Date:June 3,2014 Comprehensive Plan Future Land Use Element Amendments:14-1ESR Ordinance 14-003 Page 551 of 743 Policy 1.4-09.1 New development and redevelopment shall be consistent with the 4-e ` -s-- 2_Iic:.ies of the Future Land Use Element and Lorifor-m to t1-ie Future Land Use Map-:fu-t�-_: "- ,4 �= " y__p-Or, if_�jp lic able, L.9 pCy with ti-ie future Carrel use recommerr atiorrs of ti-le CRA om r uriity Redevelonmerit Plarr and arry future re eveCopmexit la rrs. Policy 1.4-09.2 The City shall actively work toward the elimination of uses that are incompatible with surrounding uses and shall consider amending the zoning regulations to require that all nonconforming uses determined to be severely incompatible with the character of the community will be phased out through an amortization schedule. Policy 1.=199.3 All attached single-family, condominium, and cooperative dwellings which exist at the time of the adoption of this comprehensive plan shall be construed to be in conformance with the densities shown on the Future Land Use Map, regardless of the existing density, with respect to the continuance, repair, and reconstruction of same, unless the entire site occupied by such dwellings is cleared and redeveloped, in which case, the maximum density shall be that which is shown on the Future Land Use P ity Redevelo- merit P arr. Policy 1.4-09.4 Dwellings, - - built on nonconforming lots with a reasonable lot area and on which construction is permitted in the zoning regulations, shall be construed to conform to the densities shown on the Future Land Use -m . Policy 1.4-0795.95 The City shall continue to use regulations requiring buffering of incompatible land uses as set forth in the City's land development regulations. 2LQ tt 1 10 Rie ON sl-all � arrau its pCarrrrirr , re50Catory arra utility services to steer future_ ?e� t�C�tiorr L:.orrL:.errtr�tiorrs �w�� free tl�� mei�st�C 1:R[i Hazard Areas ( .� 1 1A�, w[iic[i is defined as ti-ie area below tl-ie__eCevatiorr of tl-e cmatf Gory 1 store surge Cirre as establisl-ed by a. _____I, k ___ artj 0-y-e-rlarid Surges from urric:.aries 0 1., SH) L:meiC ptlterr d steer s rl e od e yEk. m A _.............. -IJy.h: .. ........ . . ., ..ydairn nsm .,.......,.. ........ saaa- ... m d....:. :.. , ..t: - -e- ate, City of Boynton Beach 1-19 Date:June 3,2014 Comprehensive Plan Future Land Use Element Amendments:14-1ESR Ordinance 14-003 Page 552 of 743 v "- "."- —u yh:".".".:. "."."."." m Measurability: Number of developments approved in accordance with the objective. -= �'��m----------��lz�--C` �-ter. .. _. lie-�rc�• ,,�; , --� --t -�rr -�-1 -g -� =� ... ..".".".C7 - 'C"JT. """ C "%C r ...'S� 4�1r".". 'E "6K,S'0�'w�"F ICT'P"L .""." ff' nryqa`o rwa.r'�(.,�'C4-- Policy 1.104-.2-1 The City shall not approve any increases in hotel/motel_ b-e s and residential densities in the Coastal High-Hazard Area that mwould increase evacuation times above the 16 hours level of service for out-of-county hurricane evacuation for a category 5 storm event as measured on the Saffir-Simpson scale as provided in Section 163.3148(9)(a), F. S. t - l k-;i " &h-e tex�F bis w°"_ 4+-• ++r-. ��. �' e+ o �i Policy 1.104".24 By 9017, The City shall amend tl-e I and Dvelppi � e �tto � to....p.L91 j1�1 __#iseeu+ag,e--"-hospitals, congregate living facilities for persons with special needs, nursing homes, and the like from locating within Coastal High-Hazard Area o rim ----l E _A efined $ ec:.ial Flood HazardArea, and 4-i4-also encourage such existing facilities to relocate to safer locations within the City. Objective 1.112 The City shall promote the development of a variety of rental and owner-occupied, single- and multi-family housing 4 h ,. for a broad range of income groups, diverse cultures and for groups with special needs, City of Boynton Beach 1-20 Date:June 3,2014 Comprehensive Plan Future Land Use Element Amendments:14-1ESR Ordinance 14-003 Page 553 of 743 --and to protect residential environments by preventing or minimizing land use conflicts. Measurability: Number of developments approved in accordance with the objective. Policy 1.112.1 The City shall continue efforts to encourage a variety of housing choices by allowing a full range of residential densities to accommodate a diversity of housing choices including, single family, multi-family, manufactured and mobile dwellings and group homes. Policy 1.121.2 The City shall continue to maintain and improve ��� th e existing single-family and lower-density neighborhoods, by preventing conversions to higher densities, except when consistent with adjacent land uses, contributes to the implementation of adopted redevelopment plans, or furthers the City's affordable housing programs. Objective 1.123 The City shall continue to encourage the provision of workforce housing to maintain a diversified and sustainable City having character and sense of community where people can live and work in the same area. Measurability: Increase in the number of workforce housing units produced in the City. Policy 1.132.1 The City shall continue to utilize the Workforce Housing Program to facilitate the construction of affordable rental and for-sale housing units. Policy 1.L42.2 In order to be granted higher densities possible in the Special High Density Residential o rad � 2xe use.......:� xQ, ...: �, 1. f ... .. . ...I_.. C. --future land use_designations, established percentages of the residential development must be affordable to Low Income and Moderate Income households. Policy 1.114.3 The Workforce Housing Program shall continue to offer developers alternatives to on-site provision of affordable units, which include: 1. Payment in-lieu contributions; 2. Land donation within the City; 3. Off-site construction of units; and 4. Purchase and donation of existing market rate units to be donated to the city or sold to eligible households. City of Boynton Beach 1-21 Date:June 3,2014 Comprehensive Plan Future Land Use Element Amendments:14-1ESR Ordinance 14-003 Page 554 of 743 Policy 1.114.4 All workforce housing units constructed under the program shall remain affordable for a period of thirty (30) years through the use of restrictive covenants. Policy 1.114.5 The City shall continue to explore innovative development regulations,t e ,_.ir�L Cmiriregulations regarding non-conforming lots and other policy tools to provide increased access to affordable housing. Objective 1.143 The City shall continue to protect native habitat, and preserve wetlands. Measurability: Number of areas or sites protected. Policy 1.14.1 The City shall continue to enforce regulations requiring the preservation of 25% of i t[ie urea-f7C:curieC�mmmby "AnWmmrr comm, mro rated n-ative ggLIL ori sites �a 7� �,�__ �___ c Coss2fie "Corrserv-atiiin__ ye!dLi r"' and shall require that these standards are placedasmmconditions of approval for development orders and permits where applicable. Objective 1.15 The City will continue to expand through annexation of enclaves, pockets and other contiguous properties. Measurability: Number of annexations processed. Policy1.15.1 The City shall continue to promote the orderly annexation of lands consistent with Chapter 171, Florida Statutes, ' „, , Policy 1.15.2 The City shall utilize four methods of annexation: 1. Voluntary annexation by petition of owner; 2. Annexation by interlocal agreement with Palm Beach County; .- . . �-� -��- • _- *_­,,+ ` . l_�_xeL u:t2o-ri omm_mtl-1 e_marin_e_xati_ori c I-a-use ire water service agreements +. wit_I-imthe City; 3. -Aririexatiori of eric:.Caves; ars 4. Referendum. mmmm ________________________. Policy 1.15.3 The City shall require that property owners requesting annexation into the City concurrently apply for land use amendment and rezoning to the City's land use classification and zoning district. Reclassification and rezoning of properties annexed through city- City of Boynton Beach 1-22 Date:June 3,2014 Comprehensive Plan Future Land Use Element Amendments:14-1ESR Ordinance 14-003 Page 555 of 743 initiated actions can be postponed for up to 6 months unless improvements are requested. Objective 1.16 The City shall continue its involvement in the process of coordination and collaboration between the County, local governments, and the School District in the planning and siting of public school facilities in coordination with planned infrastructure and public facilities. Measurability: Number of public school facilities developed or redeveloped within the City. Policy 1.16.1 The City of Boynton Beach shall coordinate and provide for expedited review of development proposals with the School District during the development review process to ensure integration of public school facilities with surrounding land uses and the compatibility of uses with schools. Policy 1.16.2 There shall be no significant environmental conditions and significant historical resources on a proposed site that cannot be mitigated or otherwise preclude development of the site for a public educational facility. Policy 1.16.3 The proposed site shall be suitable or adaptable for development in accordance with applicable water management standards, and shall not be in conflict with the adopted or officially accepted plans of the South Florida Water Management District, or any applicable Stormwater Utility or Drainage District. Policy 1.16.4 The proposed location shall comply with the provisions of the Coastal Zone Management Element of the comprehensive plan, if applicable to the site. Policy 1.16.5 The City of Boynton Beach shall encourage the location of schools proximate to urban residential areas by: • Assisting the School District in identifying funding and/or construction opportunities (including developer participation or City Of Boynton Beach capital budget expenditures) for sidewalks, traffic signalization, access, water, sewer, drainage and other infrastructure improvements; • Providing for the review for all school sites as indicated in Policy 1.16.1 above; and, • Allowing schools as a permitted use within all urban residential City of Boynton Beach 1-23 Date:June 3,2014 Comprehensive Plan Future Land Use Element Amendments:14-1ESR Ordinance 14-003 Page 556 of 743 land use categories. Policy 1.16.6 The City of Boynton Beach shall coordinate with the School District for the collocation of public facilities, such as parks, libraries, and community centers with schools, to the extent possible, as sites for these public facilities and schools are chosen and development plans prepared. Objective 1.17 The City shall pursue economic development opportunities to support a competitive and diversified economy, and a good quality of life for residents. Measurability: Number of actions taken in accordance with the objective. Poli1171 Re iysl-al[ continuetemrevievti-ie Et mm___mm _____ ____ �____ m _____mmm ____mv s and to remove u-nnecessary I-it r les l-in eying, industrial and commercial uses ti-at c:mreate__ oj2 ,___c oLjtrihu e_ to _tl-ie tax---b-ose,__ori ---oc c o mo ote morket ___ _ _ . Policy 1.17.2 Rie Citv sl-ml preserve industrial Card for industrial and `ol-- er�eratir� purposes; will work to ensure these sites are utilized to tl�e2r f lC pe�t�rtt C c v�1!912me-n! orad red �Ce�?t __q Ltars art will menc oura ves Policy 1.17.4-;3 The City shall monitor the amount of land available for industrial/commercial development and, by the end of 20147, review the Future Land Use and Official Zoning maps for recommendations pertaining to current location and potential expansion of industrial and commercial districts. Policm.v 1 AT4 future redevelo g ent plans for areas outside of ti-ie CRA sl-all ensure that a-nV Goss of Card with industrial or Reneral commercial desiRnations ti-irouRI-i a recommended reclassification to otl-er uses wilI be offset by xpansion of suc:.l- land in otl-er locations, -------------------------------- Polic:.y 1.17.5 Re-classifications to industrial use of Cards adiac:.ent to industrial istri-is c Grim_ dequate andm sc reeni l'R is provided to minimize imnac:.ts on a . accent residential uses. City of Boynton Beach 1-24 Date:June 3,2014 Comprehensive Plan Future Land Use Element Amendments:14-1ESR Ordinance 14-003 Page 557 of 743 review criteria to all ri d a-merid-merl-t--- rial and | 1.17.4-7 (-H`r shall restrict the use of industrial lands to | zvn�� . �/"� -_'� xxu /uv�u^^u�u/�' DSeS that are of atvpe, Size and number S0 as to be complementary to industrial activities, and that d0 not deplete the SDpp|v of industrial land, and d0not create potential land use conflicts with industrial activities. | l@P'457 Policy 1.167.8 City shall Economic Development ��a��r ��n ���� Comprehensive Plan a-ri-d-I and---D-evel-02112LL11 | 0pr0cn0te economic growth and job creation. | Policy 1.176.9 The CH` shall continue t0coordinate economic development efforts with the [_0n)n)Dnhn Redevelopment Agency, the Boynton Beach Chamber of Commerce and the Palm Beach Business Development Board. City o(Boynton Beach 1-25 Date:June 3,2014 Comprehensive Plan Future Land Use Element /\mendmenia:14-1BSR Ordinance14-003 Page 558Of743 Objective 1.18 The City shall encourage transit-supportive land development patterns to promote multi-modal transportation and increased mobility. Measurability: Volume of transit ridership within the City and the Downtown TOD district, change in density and development intensity within the Downtown TOD district Policy 1.18.1 The City shall c:.onti-n-ge____mto------implement the Transit-Oriented Development (TOD) approach, as described in the 2012 Florida Department of Transportations TOD Guidebook, to manage future growth within the----Dow-ritowri----TOD----District----(a 1/2 mile radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor, -,A4w-44---the anticipated location of the Downtown Boynton Beach Station for the planned commuter Tri-Rail Coastal -w �-o_ , Link service on the FEC Corridor. r���---���-rz �7_--r� �---�-s-- T( - ' ,+ „ 1 �� --�-���, -�.p�,-�.� - r-� . - .--T e inner 1/4-mile core of this District shall be designed to accommodate the greatest density and intensity of development. Policy 1.1812 The City shall aim to transform the Downtown TOD District area into an active, mixed-use, pedestrian-friendly activity zone, supporting new housing to increase potential ridership, intensifying land development activity, and adding amenities and destination uses for future transit riders. The City shall strive to achieve this goal through facilitating compact, high density and intensity development of a varied mix of land uses. Spcc:,ific a C Cv,_ft� :�itv shall: m a. -_Ca > 4b-,+4---- w .aintain both a maximum and minimum residential density within the 1/4 mile area around the future station for all zoning districts with the underlying Mixed-Use C--+)+e------High or Mixed- Use Me iu- future land use classifications. b. :P F, 4„ -Ttow _. ensi L Zr� reosc t�o 2 to 25% for properties classified Special High Density Residential, Mixed Use 1,9 __mixe-d-__-Use__m e Wt __mor Mixed Use Fe=_;lei h7 and located within the Downtown TOD Districtw; c. C` _ a w .onitor the number of residential units approved within the Downtown TOD District for City of Boynton Beach 1-26 Date:June 3,2014 Comprehensive Plan Future Land Use Element Amendments:14-1ESR Ordinance 14-003 Page 559 of 743 conformance with thresholds established for the TCEA, and coordinate as appropriate with the Palm Beach County Emergency Department regarding provision of adequate hurricane shelter space to accommodate population growth. d. C+ty-sb-41--eEnsure that new development contributes to the creation of an enhanced pedestrian environment through well-located public plazas, expanded public sidewalks, and pedestrian-scaled- street and block structure for maximized internal and external connectivity. Policy 1.18.3 The City shall i iso 2r�t iri ' ' rm i 4++k----s ;c + 1---the Downtown TOD District i- &--o the Future Land Use Map.. .;c-iz x 11... Policy 1.18.4 The City shall monitor changes over time in the density and intensity of development within the Downtown TOD District (cumulatively and individually on development parcels), total numbers of residential units and jobs, and the percentage composition of land uses, including ratio of jobs-to-housing. This data shall be collected every five years and distributed to relevant public agencies involved in regional transportation planning and service. Objective 1.19 The city shall continue to identify, document, and preserve historic and cultural resources. Measurability: Number of areas or sites added to the Boynton Beach Register of Historic Places and the Florida Master Site File. Policy 1.19.1 The City shall continue to maintain and update "The City of Boynton Beach Historic Sites Survey" and the Florida Master Site File. Policy 1.19.2 The City shall continue to maintain and update "The Boynton Beach Register of Historic Places" and the "National Register of Historic Places". Policy 1.19.3 The City shall continue processing additions to "The Boynton Beach Register of Historic Places". City of Boynton Beach 1-27 Date:June 3,2014 Comprehensive Plan Future Land Use Element Amendments:14-1ESR Ordinance 14-003 Page 560 of 743 Policy 1.19.4 Historic and cultural resources identified in "The Boynton Beach Register of Historic Places" shall be incorporated into the Future Land Use Map series and shall be protected from development and redevelopment activities through the approved review process. Policy 1.19.5 The City's land development regulations shall continue to provide protection for historic and cultural resources. Policy 1.19.6 The City shall, through the enforcement of pertinent regulations, continue to require that, in the event of prior knowledge of any archaeological site on a development site, or the discovery of archaeological artifacts during project construction, the developer shall stop construction in that area and immediately notify the Bureau of Archaeological Research in the Florida Department of State. Proper protection of such resources to the satisfaction of the bureau shall be provided by the developer. Policy 1.19.7 The City shall continue to meet the criteria necessary for participation in the Certified Local Government Program. Objective 1.20 The City shall continue to pursue funding opportunities and offer incentives that will contribute to the preservation of historic and cultural resources. Measurability: The amount of funding received and number incentives awarded. Policy 1.20.1 The City shall continue to pursue grant funding for projects that contribute to the preservation of historic and cultural resources. Policy 1.20.2 The City shall continue to offer incentives that will contribute to the preservation of historic and cultural resources. Objective 1.21 The City shall continue to identify and provide educational opportunities to encourage a greater understanding and appreciation of historic and cultural resources. Measurability: Number of opportunities identified and provided. Policy 1.21.1 The City shall continue to increase awareness and understanding of historic and cultural resources for educational and heritage tourism purposes. City of Boynton Beach 1-28 Date:June 3,2014 Comprehensive Plan Future Land Use Element Amendments:14-1ESR Ordinance 14-003 Page 561 of 743 Policy 1.21.2 The City shall continue to work with heritage and educational organizations to increase awareness and understanding of historic and cultural resources. City of Boynton Beach 1-29 Date:June 3,2014 Comprehensive Plan Future Land Use Element Amendments:14-1ESR Ordinance 14-003 Page 562 of 743 Exhibit B1 CITY OF BOYNTON BEACH 2026 FUTURE LAND USE CURRENT RESIDENTIAL CLASSIFICATIONS H oluxo Rd 7 ; za V � j < entone Rd U F g - r a i- YI d y'r yy, n ai y B v - - rk Ridge B r Vi rr .. Legend LOW DENSITY RESIDENTIAL(LDR); F. current Max. 5 D.U./Acre; proposed I n increase to 7.5 DU/Acre z MODERATE DENSITY RESIDENTIAL(MODR) Max. 7.50 D.U./Acre to be eliminated; propertie classified MODR to be reclassified to LDR MEDIUM DENSITY RESIDENTIAL(MEDR); s current Max. 10 D.U./Acre; proposed density increase to 11 D.U./Acre Y HIGH DENSITY RESIDENTIAL(HDR); ss ?� current Max. 11 D.U./Acre; HDR properties to be reclassified to MEDR; HDR for new > ° - development with a density of 15 D.U./Acre SPECIAL HIGH DENSITY RESIDENTIAL(SHDR) Max.20 D.0/Acre: no changes h z o CRA Boundary h n TCEA Boundary QDowntown TOD District Boundary a A� do •�5 r In ve c Cr y c m Y V N yd m < C e S' Source:Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All righfs reserved-Subject to a Licence Agreement 0 0.125 0.25 0.5 0.75 1 Miles 3 EXHIBIT B1 b CITY OF BOYNTON BEACH 2026 FUTURE LAND USE PROPOSED RECLASSIFICATIONS OF RESIDENTIAL PROPERTIES H oluxo Rd 7 za r V entone Rd U F r g d f ' 1 n yBv 1 � rk Ridge B r Vi rr Legends I�,y LOW DENSITY RESIDENTIAL(LDR); current Max. 5 D.U./Acre; proposed n increase to 7.5 DU/Acre Im MODERATE DENSITY RESIDENTIAL(MODR) Z Max. 7.50 D.U./Acre to be eliminated; properties classified MODR to be reclassified to LDR MEDIUM DENSITY RESIDENTIAL(MEDR); current Max. 10 D.U./Acre; proposed density 5 increase to 11 D.U./Acre Y HIGH DENSITY RESIDENTIAL(HDR); t �Iyi current Max. 11 D.U./Acre; HDR properties S N to be reclassified to MEDR; HDR for new o development with a density of 15 D.U./Acre > SPECIAL HIGH DENSITY RESIDENTIAL(SHDR) i Max.20 D.0/Acre: no changes ^ �h z SCRA Boundary TCEA Boundary Q Downtown TOD District Boundary a mm� do W E In e tt = S Cr y C a = m Y V 0 0.125 0.25 0.5 0.75 1 • �� N. Miles 9d co m � ° Source:Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All righfs reserved-Subject to a Licence Agreement 3 EXHIBIT B2a CITY OF BOYNTON BEACH 2026 FUTURE LAND USE PROPERTIES CURRENTLY CLASSIFIED MIXED USE 12t Av ,• -. , t ESE i-� I 4 I-& I !t t�t •. 1th AV - R N h ve U) N 8 N w z W E S 0 187.5 375 750 1,125 1,500 Feet m XH - e V � t` �F tititi�titi Ulm z Z m Iw E NE 2nd A NE 1st ve E st v s Q, as S 1st SE 1lzv SE 2nd e _ 4 � � U p w O t H rizon S t e h Ave v S e e it h o d 1 r t E1 h 1 s R LEGEND S 11 silaL 1 t ve CRA Boundary TCEA Boundary 1 Q Downtown TOD District Boundary t age OT 143 EXHIBIT B3a CITY OF BOYNTON BEACH 2026 FUTURE LAND USE PROPERTIES CURRENTLY CLASSIFIED MIXED USE SUBURBAN 0 N B oug o Cir - as on C d Y C r C C ictory i ° 13 e NW 111 j ` l! ��J jf 4 t ft?(i iuul{{((11�11a�1a,ll, r r I t R O 2 07 1 c 1 1 1 st Ave z 1 � 1 H � d Y 1PJ 1 N w. E S 0 180 360 720 1,080 1,440 Fee[ Source:Palm Beach County GIS Digital Data 2006-2015 1.This property is restricted to a maximum 1,120 residential Copyright Palm Beach County Florida 2006-2015 units,10,000 sf of commercial office use and 149,000 sf of All rights reserved-Subject to a Licence Agreement local retail commercial use. Page 566 of 743 EXHIBIT B2b CITY OF BOYNTON BEACH 2026 FUTURE LAND USE PROPOSED RECLASSIFICATIONS OF MIXED USE PROPERTIES 12t Av 1th Avg ++. er Br fflN h ve M. U) MXL N KIP Ath AM N 8 w z W E S 1 _ ,t 0 187.5 375 750 1,125 1,500 M XH MXM� - - �e V - z Z W E 3 _ E NE 2nd A r� z NE 1st4ve m as E st v 0 1st SE 1 -0 « SE 2nd i = e _ 4 � � U p y c O O t H rizon S t e h Legend v s e Proposed Mixed Use High, 80 du/acre e r (renamed Mixed Use Core) h o d i r Proposed Mixed Use Medium, 50 du/acre (new, replaced Mixed Use as a middle t E 1 h I s R classification) s 11 s ii a Proposed Mixed Use Low, 20 du/acre 1 t ve (new classification) 1 CRA Boundary ERBt MXH TCEA Boundary QDowntown TOD District Boundary age OT 743 EXHIBIT B3b CITY OF BOYNTON BEACH 2026 FUTURE LAND USE PROPOSED RECLASSIFICATIONS OF MIXED USE SUBURBAN PROPERTIES 0 N B oug o Cir - as on C d Y C r C C ictory i ° 13 e _ W1 t A a rads 1 N NW g v J r r I t V R O 2 07 1 c 1 1 1 st Ave z 1 � 1 H � d Y J 1 N • Legend W E Proposed MIXED USE LOW(MXL), max. density 20 D.U./Acre to replace the current Mixed Use S Suburban classificatiion with the same max. � 0 180 360 720 1,080 1,440 {' density of 20 du/acre Feel Source:Palm Beach County GIS Digital Data 2006-2015 1.This property is restricted to a maximum 1,120 residential Copyright Palm Beach County Florida 2006-2015 units,10,000 sf of commercial office use and 149,000 sf of All rights reserved-Subject to a Licence Agreement local retail commercial use. Page 568 of 743 OW, s(1 l{il`t3�t,lili1r\t11;�\t�t'! it rr i 4 4411 3 Jr\44)it4;}yfll i "Nl,YN,1,Tllt}P 1 fit ly��ltF {� f � �(tt I�f ���f\�i� "�J �� �i�l B.. oYNTON BEACM Cu,-%mmunity try 1 - 1 1 r 17�' iri `-lib y U r ryt� t � r i 1 c 1, "� ��f��➢1���45 r �} �� ! ., Ar kv}r,ffi,Lnt [ 4 � ,'�� ��( 1t r �r r f s r f �r hh F 1 1 S� } t Page 570 of 743 Boynton Beach Community Redevelopment Plan WIN BOYN I mom BEACH R'"A CITY COMMISSION CRA BOARD Steven Grant, Mayor Steven Grant, Chair Mack Mcray, Vice Mayor Mack Mcray, Vice Chair Justin Katz, Commissioner Justin Katz, Board Member Joseph Casello, Commissioner Joseph Casello, Board Member Christina Romelus, Commissioner Christina Romelus, Board Member CRA ADVISORY BOARD STAFF Linda Cross, Chair Lori LaVerriere, City Manager Robert Pollock, Vice Chair Vivian Brooks, Executive Director Paula Melley, Board Member Michael Simon, Assistant Director Rick Maharajh, Board Member Andrew Mack, Development Director James DeVoursney, Board Member Michael Rumpf, Planning and Zoning Director Thomas Murphy, Jr., Board Member Amanda Bassiely, Senior Planner/Urban Designer Allan Hendricks, Board Member Hanna Matras, Senior Planner Adoption Date: October 4, 2016 3 Page 571 of 743 EL"IL Ir N IN Ts MM L;ACL94t1Nve )S114 The City of Boynton Beach created the Boynton Beach Community Redevelopment Area and Agency in 1982 as a tool for the redevelopment of the downtown area. Through several expansions, the area has > grown to its current size of 1,650 acres. Until now, the redevelopment activities were guided by four different plans that overlapped and did not provide a focused vision for the entire CRA area. In August 2014, the City Commission and CRA Board „ held a Strategic Planning Initiative work session, out of which came a high priority recommendation to consolidate the existing plans with a comprehensive update that would reflect the changes in economic r+�;? 9 p p p 9 environment, the objectives, as well as the achievements of the previous efforts. There has been a consensus that, in spite of these significant achievements, the vision of a vibrant downtown with '1 revitalized corridors has yet to be realized. The first phase of the consolidation—the analysis of the Mor, W, current conditions—confirmed this assessment and provided a base for the Plan's recommendations. The overarching goal of creating this comprehensive CRA Plan is to provide a clear and consistent vision for the CRA District and therefore predictability for new development and investment in the area. It effectively and clearly communicates the direction of the Community Redevelopment Agency and key redevelopment opportunities. It also covers areas of the CRA District that have not, in the past, had formally adopted plans. KEY FINDINGS OF THE EXISTING CONDITION ANALYSIS The Existing Condition Report and the related research yielded the following findings: Population: • A significant population growth is projected for the area by 2035: the current population of 12,000 is projected to grow by 52%, to about 18,200; • There is a significant racial and ethnic diversity: the area's profile shows approximately 52% Whites, 42% Blacks/African Americans and 12% Hispanics; • There is a high share of the elderly: nearly one-fifth of all residents are 65 or older; • The level of education is generally low: in most areas, less than 20% of population has a Bachelors' degree; • Median household income is low: below $33,000 in much of the area, as compared to about 4 Page 572 of 743 $44,000 for the City as a whole and $52,000 for the Palm Beach County. Housing: • Housing stock is old: some 60% of homes were built prior to 1971. • Median values of homes in all categories are low: 78%of single-family homes and condominiums and 48% of townhomes have a taxable value below $100 K. • Housing ownership is low: at 56.1%, compared to 64% for the City as a whole and 70% for the Plam Beach County. • Some 17% of homes are used only for seasonal, recreational or occasional purposes. KEY RECOMMENDATIONS The CRA Plan is organized into six districts, identified according to their character, history, location and land use make-up: the Industrial Craft District, the Heart of Boynton District, the Cultural District, the Boynton Beach Boulevard District, the Downtown District and the Federal Highway District. Each f3sz4 district plan reflects a unique vision based on its role in the CRA.Achieving the vision and ultimate role of each district is facilitated by both general and specific recommendations involving topics ranging from the structure of the City's Future Land Use Classifications to the undergrounding of public utilities. t`J{ Below are the three key recommendations that will have the greatest benefit to the redevelopment of `! the CRA. 1 Change in the Future Land Use Structure of the Comprehensive Plan` The Plan proposes changes to the existing future land use (FLU) and zoning structures as currently depicted on the City's Official Future Land Use and Zoning Maps. For example, the Mixed Use Core future land use classification currently allows a maximum density of 80 dus/acre, and the Mixed Use classification allows a maximum density of 40 dus/acre. The Plan proposes to establish a third mixed-use classification to fill this intensity gap. This action will facilitate a more appropriate transition in land use densities and intensities characteristic of the newly recognized Districts, and allow the establishment of secondary activity centers called nodes, to support redevelopment of Town Square, property at the future rail station and at Woolbright Road and Federal Highway. Application of the Complete Streets design principles The Plan proposes the redesign of most major streets within the CRA according to the Complete Streets design principles in order to implement the connectivity and walkability objectives of the Plan. Achieving this objective is critical to the Plan's success which depends on the interconnection of planning districts in a CRA that occupies over 1,600 acres consisting of all types of land uses and varying land use densities and intensities. By building complete streets throughout the CRA, the ideal circulation system will be established to accommodate residents, workers, commuters and visitors traveling within the downtown. These principles will be applied to both public improvements as well as private development to ensure that adequate space is secured to accommodate all components of a complete street including vehicle travel lanes at appropriate widths for the downtown, parking, bike lanes, the "pedestrian zone" and beautification. Page 573 of 74 Urban Design Guidelines The Plan recommends adoption of a comprehensive urban design framework to ensure that the built environment achieves the intended physical vision for the CRA— high quality buildings and vibrant, rich public realm, creating the places in which people will want to live, work and relax. The design guidelines will foster sustainable and predictable development in all districts while helping to realize the Plan's vision for each. For example, to achieve the desired image and function of Ocean Avenue within the Cultural District, which will built upon its unique scale and ability to accommodate special events, the regulatory standards will address building heights, massing, setbacks and uses. MOVING FORWARD The 2016 Boynton Beach Community Redevelopment Plan will guide the community through the redevelopment of the CRA District for another twenty years. The Plan will be relied upon by staff and elected officials to guide policy recommendations and decisions regarding private development, public improvements and in formulating the annual CRA budget. Ott'" s(�i7 �s �Or, 6 Page 574 of 743 �4 l;rf !ill; Gas. Page 575 of 74 9 \ \ \ \ \ \ \ \ \ K \ \ @ \ \ \ \ \ % \ \ § Page 576 0 743 Lontents ---------------------------------------------------------------------- Updating the Vision 12 Public Participation Process 17 Planning Considerations and Strategies 19 Organization of the Plan 25 B. VISION ---------------------------------------------------------------- Mission Statement 30 The Vision 31 Goals and Principles 32 ---------------------------------------------------------------------• 3.7. Connectivity Plan 4 Land Use & Zoning 49 �r 53 j( D�s-mur PLANS-----------------------------------------------------------------55 �1 Boynton Beach Boulevard District 71 Cultural District 81 4,t Downtown District 93 Federal Highway District 105 Heart of Boynton District 119 js Industrial Craft District 127 E. IMPLEMENTATION GUIDE------------------------------------------------------128 Introduction 129 Planning & Policy 130 Development Projects 131 Initiatives & Programs 133 APPENDIX ------------------------------------------------------------------------ 134 Appendix 1: Existing Future Land Use Map 136 Appendix 2: Recommended Future Land Use Map 138 Appendix 3: Recommended Connectivity Map 140 Appendix 4: Workshop Polling Results 144 Appendix 5: Exisiting Conditions Analysis 9 Page 577 of 74 �ti r tt T', p � i""N , Page 578 of 743 Di q, Page 579 of ° O The Boynton Beach Community Redevelopment Area and Community Redevelopment Agency (both commonly referred to as the "CRA")were established in 1982, and the area was incrementally expanded over a 16-year period to ultimately envelop approximately 1,650 acres(see location map on opposite page). With the incremental establishment of the CRA came the incremental preparation of redevelopment plans required to guide private development and support the funding and construction of public infrastructure i1 improvements. �tgyS Chapter 163 Part III of the Florida Statute enables local governments to designate parts of their jurisdictions as Community Redevelopment Areas after a determination that "slum and blight" criteria 00 have been met. Examples of conditions that can support the designation include, but are not limited to, the presence of substandard or inadequate structures, a shortage of affordable housing, inadequate t' infrastructure, insufficient roadways, and inadequate parking. To document that the required conditions s exist, the local government must survey the proposed redevelopment area and prepare a Finding of I Necessity. If the Finding of Necessity confirms the existence of such conditions, the local government may create a Community Redevelopment Area where the tools would be applied intended to foster and support redevelopment. Pursuant to state law, the City of Boynton Beach approved Resolution 81-SS and therefore established the Community Redevelopment Agency to administer its programs and activities, and subsequently, through Resolution 82-KK declared the downtown area to be "blighted" and created the Community Redevelopment Area. The boundaries of the originally-designated area, generally encompassing the Central Business District zoning district within the original downtown, were expanded in October of 1982, by Resolution 82-BBB. As per state requirement, the first redevelopment plan for "Downtown Boynton Beach" was adopted in 1984 by Ordinance 84-32. Three more expansions were made to the CRA between 1984 and 1998, beginning with a small extension of the boundary in April of 1984 by approval of Resolution 84-II. More sizeable expansions of the CRA followed in 1987 and 1998. By Resolution No. 87-QQQ, the 1987 expansion included a 518-acre area bounded by the Boynton (C-16) Canal to the north, the Florida East Coast Railroad to the east, Ocean Avenue to the south and Interstate 95 to the west. The Plan for this area was adopted in December of 1989 by Ordinance 89-49. This area subsequently became referred to as the "Heart of Boynton". The 1998, and last expansion was approved by Ordinance 98-33 and extended the CRA area along Federal Highway(east of the FEC Railroad corridor)to both the north and south city limits.This expansion I2 Page 580 of 743 also included the industrial area located on the northwest corner of Boynton Beach Boulevard and Interstate 95. These expansions were recommended by the "Boynton Beach 20/20 Redevelopment Master Plan."This plan was completed in 1998 as a product of an American Assembly forum held to "chart a positive course for the City". The scope of the plan included the entire area east of 1-95; however, it emphasized the CRA, 4 recognized the existing CRA plans, and recommended the expansion of the CRA to include the industrial area west of 1-95, the Federal Highway corridor, and that portion of the municipal campus located south of Ocean Avenue. `' Subsequent to 1998, the land area of the CRA has only been increased as a result of the City annexing unincorporated parcels and enclaves located at the south end of Federal Highway. !ill; Gas. 3 Page 581 of 74 Previous Redevelopment Plans There were four adopted plans guiding redevelopment within the CRA and a draft plan for the Boynton Beach Boulevard corridor. The adopted plans included the Heart of Boynton Community Redevelopment Plan, the Federal Highway Corridor Community Redevelopment Plan, the Ocean District Community ORedevelopment Plan and the Downtown Vision and Master Plan. The original downtown area that was evaluated in the 1984 Plan was first revisited in 1998 as part of the Visions 20/20 Master Plan and again by the Downtown Master Plan in 2009. Below is a brief overview of each plan. • The Heart of Floyntgn Plan was adopted in 2001, and represented the first update of the original 1989 Plan. The 2001 Plan was prepared by a consultant team and involved extensive public participation, including five charrettes. In June of 2014 a City-CRA staff team completed an update of this Plan which was adopted by Ordinance 14-008. The staff team held a meeting with community stakeholders to obtain input on proposed redevelopment options. The plan included eleven recommendations, and emphasized the preservation of residential neighborhoods west of Seacrest Boulevard, and an increase in the intensity of development in selected areas east of Seacrest Boulevard. Recommendations relative to building form and design were minimal with attention limited to traditional design for commercial structures, and the architectural style adopted by the stakeholders, "Floribbean", to recognize the historic style present in the ,eta area as well as the increase in Caribbean residents. „„ • The 2001 Federal Hi h orridor counidvePlan was the first version of t, a Plan completed for a portion of the1998 expansion to the CRA. This Plan was also originally prepared l` by a consultant, and was updated in June 2006 with a Plan completed by City staff. The plan divides the corridor into five planning areas and provides land use recommendations and strategies for each. s'p The update made few changes to the original recommendations. Additionally, the original plan included market analyses supporting a convention hotel and additional retail and office space in the downtown t area; however, the update did not readdress these topics to confirm feasibility. Although the current plan s does not include an urban design and architecture section, the general recommendations call for the creation of development standards and design guidelines for bulk and building massing as well as for architectural themes. It should be noted that the plan generated the recommendations for mixed use zoning for redevelopment purposes, which culminated in the codification of the four mixed use zoning districts that are in effect today. •The Ocean District Comunity e development Ian was created in-house by an urban designer-led planning team and adopted in February 2004.The plan features two alternative redevelopment scenarios for the District with corresponding detailed design recommendations. The plan's main focus is the City- owned land which represents 40% of the Ocean District's total area. This area is referred to as "Town Square". The plan also includes design concepts for the areas along Boynton Beach Boulevard, Seacrest Boulevard and Ocean Avenue, as well as the area adjacent to the FEC Railroad tracks and the single- and multi-family neighborhoods situated north and south of Ocean Avenue. The planning process included two in-house workshops and two public workshops for community stakeholders. Aside from the alternative designs, the plan includes four broad recommendations suggesting changes in land development regulations emphasizing signage, building design, and street furniture. • aadopted in January 2009, included in its scope the original CRA as studied under the 1984 Plan. The planning process, led by a team of consultants, City and CRA staff, involved stakeholders and City residents and a series of public meetings and visioning charrettes. The Master Plan provides a strategic framework for implementation of goals through five priority action items named "Big Moves". These include the Transit Oriented Development district, cultural and civic campuses anchored by government offices and services, neighborhood centers along Martin Luther 4 Page 582 of 743 King, Jr. Boulevard and the Federal Highway gateway and linear park.The Plan emphasized t urban design, but also considered regulatory assessment and economic and market factors. The Boynton Beach Boulevard Corridor p' Redevelopment Plan was drafted by a consultant team in 2004. Until 2004,the corridor �` only received attention as a subordinate part '? of the plan for the large 1987 CRA expansion, :, which understandably placed most emphasis ' on the extensive residential neighborhoods of this area, and the historic commercial corridor of Martin Luther King Jr. Boulevard. However, the draft plan closely examined existing r ; t land use patterns, development constraints of the corridor, recommended zoning, and urban design recommendations for optimal g p streetscape and residential compatibility. Redevelopment efforts have also been guided by three additional documents: the Urban Design Guidelines manual, adopted by the CRA Board in 2006, the 2005 Boynton Beach Community Redevelopment Agency Economic Development Plan and the 2006 CRA Housing �'Yz Needs Assessment. i �j11 The CRA planning efforts have achieved , �1 notable improvements over the past 30 years. However, the outdated status of the redevelopment plans, and the incremental methodology that was used in the individual updates, reinforces the need for the Plans' J consolidation and comprehensive revision. $ The previous approach, applied to consecutive _ expansions of the CRA, is being replaced p g p with a methodology that facilitates the F. evaluation of the CRA as a whole. The new, comprehensive approach will use consistent framework, emphasizing interconnectivity ®' and the relationship to focal points and nodes throughout the CRA. It will be based on common land use characteristics and unique ..` [ y attributes, tailoring land use intensities and g densities accordingly. This effort is intended to represent the vision } for the entire area through a user-friendly plan, effectively and clearly communicating the direction of the Community Redevelopment Agency and key redevelopment opportunities. Page 583 of 74 0 s `^Sc ttt t 3 ki 1� t s4 31� �3 w t �stY�s' Page 584 of 743 In October of 2015, the effort to consolidate and update the existing Community Redevelopment Agency Plans commenced with a single draft land use plan ready to be presented to the public for input, questions and comments. Since November of 2015, CRA and City staff held four (4) public workshops, of which the first three were targeted the general public; the forth one, while open to the public at large, was specifically tailored for the audience of stakeholders, including developers, real estate professionals and business leaders. While Workshop#1, held on November 7th, 2015, covered only two CRA districts (Cultural and Industrial) out of the six identified within the consolidated plan, the remaining three, held in 2016 on March 3rd, June 11th, and June 21st, presented an overview of all districts. �Pq The proposed consolidated plan was also presented to the CRAAdvisory Board on July 7th, and to the CRA z��{ Board on July 12th and July 21st. tr�s During the workshops, "clicker" polling was used to provide instant feedback on a variety of questions. The participants were asked to respond to the proposed land use and zoning structure changes, connectivity and streetscape improvements, and scale and type of redevelopment. For further detailed polling results, seed Appendix X. \sc; The following is a record of attendees and their affiliations with the City. • WORKSHOP#1: Attendance: 6 (polling of audience was not part of workshop itinerary) • WORKSHOP#2:Attendance: 45, of which Live in City: 58%; Work in City: 8%; Work and Live in City: 21% • WORKSHOP #3: Attendance: 115, of which Live in City: 56%; Work in City: 23%; Work and Live in City: 17% • WORKSHOP #4: Attendance: 40, of which 38% Live or Work in City; 31% identify themselves as developers; 10% as planners or architects; 10% represent financial institutions; the remaining 21% are on the "other" category. The proposed consolidated plan was also presented to the CRA Advisory Board on July 7th, July 21st, August 4th, and to CRA Board on July 12th and August 9th. r ( 1 P' 1)" 1�1� It 7 Page 585 of 74 fiF _ Gr ' t 1 � si= ifst � a t sk}" �71j�l V, 3�4}sSl fst t ( �1 �� it3tS�i11Y �; i tiyt t' O, - ��. ti ! i Page 586 of 743 The process used for the preparation of this Plan considered The Analysis of Existing Conditions (see Appendix No. 5), public input, existing redevelopment plans for the CRA, and growth characteristics. It also considered physical, market, and policy-related factors that have affected (or will affect) land use patterns i N, and development characteristics, and land availability and real estate costs. A brief description of those t4 factors, as well as corresponding strategies, is described below. '; The principal physical factors affecting historical during periods of recession and suburban flight. � development patterns or limitations have been Without a substantial and notable built environment, identified and include the linear configuration of the the downtown lacked influential elements to anchor CRA; the emphasis on the automobile as indicated by and guide future expansions. y� the existence and capacity of two intersecting state Just beyond the immediate downtown area, as roadways; confining and bifurcating boundaries to documented by The Federal Highway Corridor downtown growth including the F.E.C. Railroad right- Community Redevelopment Plan, the impact of of-way, the Intracoastal Waterway; and large tracts of traffic characteristics of Federal Highway and land occupied by mangroves. shallow lot configuration has supported marginal Boynton Beach originally had only a small downtown commercial development including small "mom represented by low-intensity, minimal commercial and pop" hotels. Particularly in the north end of the land uses, constricted by abutting single-family corridor, there has been a predominance of service neighborhoods, railroad right-of-way and heavy businesses including automobile sales and repair, a commercial uses. Additionally, the early demographics car wash, and truck and trailer rental. Until recently, and historical role of the City in the region was a factor the Amerigas' propane gas distribution facility was of it being predominantly a bedroom community for the located in the downtown. working class and particularly those workers who built the early estates and hotels on the barrier island. A community of this nature did not support or warrant the development of a prominent commercial center and, particularly, the establishment of a notable main street necessary to support the natural evolution and growth or redevelopment of a downtown challenged to survive 9 Page 587 of 74 \� \d \� 9 \ \ \ \ \ \ \ \ \ K \ \ @ \ \ \ \ \ Pr, \ \ 20 Page 588 0 743 Two policy related factors considered while evaluating "any project utilizing the TCEA and significantly development opportunities and challenges in the impacting the Florida Interstate Highway System downtown are the planned return of commuter (FIHS) shall be required to address these impacts rail service to the F.E.C. Railroad right-of-way and as required by Palm Beach County." the approval by the County of the Transportation Concurrency Exception Area (TCEA) for a portion of Pursuant to Comprehensive Plan policies, the City the CRA. will monitor the number of approved dwelling units and comply with all the TCEA caps. Consequently, The future Tri-Rail"Coastal Link"train system is planned the CRA Plan must consider the proper allocation of to begin operating on the F.E.C. Railroad with passenger land uses and densities to maintain the development rail service between Miami and West Palm Beach. This allowance under the TCEA. program has the potential for significant benefits for Boynton Beach as it provides convenient access to the tri-county area through the coastal communities. Boynton Beach can offer the region another option for waterfront living - with marina facilities and oceanfront a recreation amenities - in a small-scale environment without the congestion that is characteristic of Dade County, Ft. Lauderdale and West Palm Beach. , i Asignificant portionofthe CRAisundertheTran sportation � Concurrency Exception Area (TCEA) designation. While the establishment of a TCEA exempts projects within the delineated area from the requirement of meeting the County traffic concurrency requirements, �� it also sets limits on the amount of development that will be allowed. In addition, there are requirements for periodic monitoring and specific actions to correct any negative effects the TCEA designation may have on mobility, such as establishing a local circulator system to augment the County's public transit service. The designation overlays the Coastal Residential Exception area, which exempts all residential development east of I-95 from traffic concurrency. The TCEA policies, as incorporated into the City's and Palm Beach County's Comprehensive Plans, set up 2025 development caps for a number of residential units as well as non-residential square footage. The maximum number of residential units was set at 8,050 units.As of the end of March, 2013, the number of units within TCEA was 4,225. The 2004 TCEA Justification Report provided the analysis of the development impacts on roadway links and intersections. Moreover, the Transportation Element's Policy 2.1.6 states that 2 I Page 589 of 74 Various factors related to consumer behavior must be considered and strategized to maximize Othe successful implementation of this Plan, including the establishment of appropriate and effective Land Development Regulations. The commercial core located along the Congress Avenue corridor consists of a significant number of retail and restaurant uses and is anchored by a long-standing urban shopping mall and multi-screen movie complex. This area of Boynton Beach is the resource for most consumer shopping needs of locals as well as unincorporated residents and residents in nearby communities. The strongest business market is food service with extensive selection . of restaurants, but also includes clothing, groceries, electronics, appliances, and sporting t= goods. With another one currently under construction, there will soon be 4 hotels either z{ along or in close proximity to Congress Avenue. The vision and strategy for the Redevelopment {� Plan must acknowledge the value of, but tp" not attempt to compete with the commercial resource along Congress Avenue. The chief market factor is an ongoing shift of purchase from brick-and-mortar stores to the internet, which means a change in demand for retail space. Many of the retail players, including the brands traditionally established on Main Street, are facing increasing online competition and are being forced to downsize their footprints. At the same time, many are strengthening their internet capability, changing location and making adjustments to their inventory. These changing consumer demand patters must be considered when creating a vision for accommodating retail businesses in the downtown. Forcing excessive commercial space and/or forcing commercial space in the wrong locations can have a negative effect on the successful redevelopment of downtown. 22 Page 590 of 743 The target strategies must address the limited supply of both residents and visitors. developable land, relatively high land costs, pedestrian- unfriendly corridors, potentially incompatible land uses, Reduce dependence on the automobile the lack of available quality space for retail and office by accommodating basic goods and uses necessary to support the establishment of a services, providing walkable streets and vibrant downtown and insufficient densities to support neighborhoods, and achieving efficient mass transit. Therefore, specific strategies to guide the interconnectivity between the waterfront, development of this Plan include the following: activity nodes, and other places of interest. • Establish districts with common characteristics to promote identity and the creation of a sense of place; • Identify potential activity centers (or "nodes"), and support appropriate densities and intensities of development including the necessary height 4 provisions and incentives applicable to areas both inside and outside the TCEA in order to offset the lack of easily available land and high " I'»{ land costs in the immediate downtown area. tri Establish a retail land use base through the ?' appropriate and limited concentration of such uses through the strategic allocation of mixed- js use zoning districts and applicable regulations. • Implement a complete street program to shift from an automobile-oriented environment to a multimodal the network. • Continue conversion of the downtown to a more livable place through greenways and ecotrails, and optimal buffering of residential areas from commercial redevelopment. • Implement Zoning and Land Development Regulations that capitalize on the planned operation of passenger rail service along the F.E.C. Railroad right-of-way including expansion of development incentives within the Downtown Transit Oriented Development District. • Accentuate the valuable and unique resources along the eastern fringe of the City to create a complimentary environment that is inviting to 23 Page 591 of 74 \� \d \� 9 \ \ \ \ \ \ \ \ \ K \ \ @ \ \ \ \ \ Pr, \ \ 24 Page 592 0 743 The Plan's roadmap for implementing these strategies and meeting the challenges described above is set up in four sections: Vision and Goals, Frameworks, District Plans, and Implementation Guide. z4 The Framework section of the Plan is further divided into two parts, Connectivity and Structure of Future Land Use and Zoning. tb4 rft Connectivity. This section presents a comprehensive system of "complete streets" and other pathways that will unify the CRA area, improve multi-modal transportation, and support intensification of development. 3$ I»,r= A"complete street", one of the main concepts driving the connectivity system, is a street designed to safely and efficiently accommodate access and travel for all users, including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities. ups In addition to complete streets, the Plan's recommended connectivity system covers greenways, ecotrails and parks, and bicycle facilities. For each, there is a general description, a list of benefits they offer, and an explanation of where they are being proposed. The transit considerations emphasize the future commuter service on the FEC tracks and redevelopment within the Downtown Transit Oriented Development District. Structure of future land use and zonina. This section describes significant recommended adjustments to both Future Land Use (FLU) classifications and the corresponding zoning districts for residential and mixed uses. These amendments are specifically tailored to address the land use recommendations and target zoning districts for each of the six proposed CRA districts. Six individual districts were identified based, in part, on their character, history, location, land use make-up. These include: • Boynton Beach Boulevard District, located along Boynton Beach Boulevard from 1-95 to the FEC railroad tracks, bordered by West Ocean Avenue and NE 1st Avenue on its south side and NW/NE 3rd Avenue on its north; • Cultural District, located along the Ocean Avenue Promenade from the FEC tracks west to S. Seacrest Boulevard, bordered by NE 1st Avenue to the north and SE 2nd Avenue to the south; 25 Page 593 of 74 • Downtown District, generally located between NE 7th Avenue on the north, SE 12th Avenue on the south, the FEC The Implementation Guide is divided into three sections: Planning & Policy, Development & Capital tracks on the west; and the slightly Projects, and Initiatives & Programs. The first section, ® jagged eastern boundary includes the Intracoastal Waterway and S. Federal Planning&Policy, is focused on regulatory matters(e.g. Highway connected roughly in the center incentives, fees and permitting), the audit of the Land by Ocean Avenue, SE 6th Street, and SE Development Regulations (LDR) and corresponding 2nd Avenue; amendments to the LDR. Next, the Development & Capital Projects section emphasizes site-specific land • Federal Highway Corridor District (North assembly and streetscape improvements. Lastly, the and South), located along the corridor, Initiatives & Programs section involves marketing, with the Downtown District as a divider, branding and signage as well as programmed events they extend to the northernmost and and promotions. southernmost sections of the CRA area. The south district contains two county- owned enclaves; °t t • Heart of Boynton District, located north of the Boynton Beach Boulevard District, �"M between the FEC tracks and Interstate 95, with the C. Stanle Weaver C-16 r{; Y ( ) 00 Canal as its northern border; and • Industrial Crafts District, located west of 1-95, extending from West Boynton Beach Boulevard north to the C. Stanley Weaver Canal. The six self-contained plans created for the districts have uniform format. After the introductory section,which includes the progress update (i.e. recent redevelopment projects and infrastructure upgrades), the plan proceeds to present the recommended streetscape improvements and land use changes (no land use or zoning changes are envisioned for the Industrial Crafts District), as well as infill and development/redevelopment opportunities. Each plan closes with a description of any applicable, recommended design guidelines. 26 Page 594 of 743 Figure 3: CRA Districts i " s x ttr t a t � £ uu, 4 �ll�rf j` r � t t+ i 1QBoynton Beach Boulevard District 1 QCultural District ttt QDowntown District v� ®Federal Highway District _ QHeart of Boynton District ©Industrial Craft District 27 Page 595 of 74 �» ƒ\� r� C� �ƒ\ 1§ § .� �\} i G 28 Page 596 0 743 ��) r;� \s t} �2 �t . >m �� 29 Page 597 0 O Mission Statement The mission of the Boynton Beach Community Redevelopment Agency (CRA) is to guide and stimulate redevelopment ® activities, support affordable housing, foster a stronger economy through small business funding programs and fi} provide free special events that contribute to enhanced quality t, of life for all residents. 30 Page 598 of 743 The Vision The Vision of the Boynton Beach CRA Redevelopment Plan is to create a thriving city with a vibrant downtown and distinct districts. The vision includes unifying, connecting, and investing in sustainable, diverse neighborhoods that support strong local economy and enhance the quality of life for residents. ;{ z, l;rf r !ill; Gas. II Page 599 of 74 O A Goals and Principles The CRA has identified a set of Goals which serve as the Planning Principles: • Create a unique identity for the Districts drawing on elements such as its historic commercial O marine industries, recreational amenities and cultural and public arts through special events, A programs, projects and marketing. Create a balance of sustainable and functional land uses for each District as a base for District t plans. Protect and enhance existing single-family neighborhoods. Encourage the expansion of existing businesses and seek to attract new ones through the use of s{ incentives and technical assistance. • Develop a coordinated signage program, including welcome signage, way-finding signage and street banners, that will identify and and promote each District. • Program and promote special events through available financial, staffing, marketing or other mechanisms. • Create a comfortable, walkable and safe pedestrian-scale environment connecting residents and visitors to the commercial, social/cultural and recreational areas within each District. • Create zoning and land use development regulations that support a diversity of mixed uses in the downtown area and adjacent planning areas including but not limited to residential, destination commercial, retail, restaurants, hotels, office, civic and recreational uses. • Develop policies and strategies for providing adequate public parking areas within each District to support commercial and residential redevelopment such as but not limited to financial incentives, land acquisition and construction. 32 Page 600 of 743 • Create/encourage/support land development regulations that provide alternatives to parking requirements. • Encourage and assist existing development and redevelopment projects that provide employment and economic opportunities. • Create programs, projects and funding which supports existing and new commercial development and act as a catalyst to leverage additional investment by private sector enterprise such as, but not limited to, economic incentives for rehabilitation or construction activities, development costs or infrastructure improvements. • Provide programs that market and promote the businesses, activities, special events, development and redevelopment opportunities and projects within each District. • Pursue development and redevelopment projects, actively engage in land acquisition and disposal, environmental and economic viability studies, building demolition and construction, site and infrastructure improvements, and project design and construction. �rt t�b4 • Create, improve and promote the public waterfront areas and public open saces, parks, greenways, blueways and bikeways. $ llti� r • Encourage and incentivize the improvement, development and implementation of streetscape � enhancements within the Districts, including landscaping, street furniture and hardscape features, signage, pedestrian safety and walkability/connectivity, crosswalk treatments and lighting elements. ;`°` • Encourage the preservation of existing affordable housing and the development of new affordable housing by providing technical assistance, incentives and land. • Encourage the preservation of the commercial and recreational marine industries operating within the CRA, such as, but not limited to, the Boynton Harbor Marina District, by financial investment, physical improvements, special events, marketing and promotional activities. • Encourage the preservation of the existing public waterfront access areas and—wherever feasible— provide for the addition of new public waterfront access through acquisition, easements or other means available to the Agency. • Encourage and initiate various innovative community policing techniques and programs, code enforcement, "clean and safe" programs and policies, and other means deemed feasible and appropriate in order to stabilize and enhance neighborhoods and commercial areas. 33 Page 601 of 74 34 Page 602 of 743 1"NO ,7k ,7k 7k 7k Page 603 of \ \ § § \ \� \� Mill \ \� % «� \ \� \� \ \ 36 Page 604 0 743 The CRA is directly accessed by Interstate 95 via Boynton Beach Boulevard and a US-1 (a.k.a. Federal Highway). Being dissected by these two State roads, and situated generally between a major freeway and popular marina and oceanfront recreation amenities, the downtown has considerable exposure from local and regional traffic. However, the historic emphasis on accommodating the automobile prevails today, as well as the environment commonly associated with road rights-of-way devoted to wide travel lanes, extensive f3sz4 ���, ll center turn lanes, minimal sidewalk widths, landscaping, and a deficient and segmented bikeway system. "' 1 Using the Complete Streets design concept as a guide, this Plan will support existing efforts to promote {$ alternative modes of travel within the downtown area, as well as fill voids in the system which, in part, may be Cllr, „f the result of the previous incremental redevelopment efforts. What have been individual plans and unrelated planning areas throughout the CRA, will become one document unified with a mobility plan comprised of Complete Streets and a planned-out bicycle and pedestrian network. This plan will ensure optimal linkages for residents, employees and visitors, to existing and future activity nodes consisting of the train station and transit area, business and shopping centers, event venues, and recreation amenities interspersed throughout the area. The "Complete Streets" program originated from The The Complete Streets initiative for the downtown National Complete Streets Coalition,a program of Smart area is a critical component of the plan that connects Growth America, during a collaborative effort in 2003 a large and linear CRA, involves greater emphasis to expand a transportation planning initiative beyond on densities, intensities, and land uses that support bicycle integration. The non-profit alliance of public mass transit and, in particular, the commuter rail interest organizations and transportation professionals service on the F.E.0 Railroad.To encourage people started this official nationwide movement to integrate to get out of their vehicles and use alternative people and place in the planning, design, construction, modes of travel such as walking, biking, and transit, operation, and maintenance of transportation networks. there must be safe and esthetic routes. The program promotes policies for various agencies that are responsible for the transportation planning to The following streets represent the principal ensure that streets are routinely designed and operated elements of the roadway network within the CRA to enable safe access for all users, regardless of age, and are therefore recommended to ultimately be ability, or mode of transportation.This means that every designed as Complete Streets: transportation project will contribute toward making a city a better place to live. 37 Page 605 of 74 ® Boynton Beach Boulevard consists of Federal Highwayis the main north-south entry into maximized vehicle travel lane widths, the CRA, providing access to the downtown and minimal bike lane width, narrow sidewalks, future passenger rail station.Although it is unlikely minimal separation between the travel that the entire length would be traversed on foot lanes and the pedestrian way, and frequent on a regular basis, it is a rather short distance to intersections and driveway openings bike. Federal Highway currently has three different without design and markings for pedestrian retail hubs, and waterfront parks that should be safety. This road is the main entrance into easily accessible by the pedestrian and bicyclist the downtown area connecting the CRA originating from either the east or west sides of to the greater region and the western Federal Highway.Federal Highway is also one of the communities. As indicated above, it is the main bus routes in the County, with numerous bus link for local and regional patrons to ocean stops scattered throughout the CRA. "Walkability" amenities whether for active recreation should be the priority in both public and private and sport such as fishing, diving and improvements to maximize access to these bus snorkeling, or for passive use of the miles stops, as well as local resources such as the of beachfront parks. Walmart grocery store at Gulfstream Boulevard, If t the shopping node located at the Woolbright fb Furthermore, the vision for the corridor Road intersection, and the downtown area at the includes greater retail intensity combined intersection with Boynton Beach Boulevard. The with residential land uses in low-rise valuable waterfront parks are conveniently located NN ,\ mixed-use developments. Traffic speeds at the northern middle and southern sections of �s should be calmed, and pedestrians better the corridor, thereby minimizing travel distances r accommodated. Wide sidewalks and for local residents and facilitating the opportunity greater separation from the vehicle travel to bike or walk to these amenities or corresponding {1 lanes should be a priority. Separation can special events. Similar to the recommendation 31� be accomplished by landscaping, on-street for Boynton Beach Boulevard, wide sidewalks parking and wider bike lanes along this and greater separation from the vehicle travel roadway. Plant selection and landscaping lanes should be a priority. Separation should be design should emphasize canopy trees accomplished by landscaping, on-street parking where feasible to maximize shading for and bike lanes along this roadway. Plant selection the pedestrian. Also, the ultimate redesign and landscaping design should emphasize canopy of this road should include one of more trees where feasible to maximize shading for the cross-walks to facilitate safe north-south pedestrian. Again, to achieve the ideal complete movement west and east of Seacrest street, dedication of private property may be Boulevard. To achieve the ideal complete necessary, which would be timed with private street, dedication of private property may redevelopment projects. be necessary, which would be timed with private redevelopment projects. 38 Page 606 of 743 I f x I { t�, 1T, is\t�� lief s t f r t s Figure 4: Complete Street Example ® Ocean Avenue is unique to the downtown Waterway. This area is anticipated to grow roadway network as it has segments designated in popularity by the natural attraction to the ��rt t�4 with different classifications and under different waterfront, the waterfront restaurants and jurisdictions. One segment (located west of the businesses and the park amenities. F.E.C. Railroad tracks) is primarily used by local ` I»,r= residents and patrons of the civic uses such as Ocean Avenue has an important role in the CRAt the Children's Museum, Civic Center, Library plan given its quaint charm and connection and the Arts Center. This segment has a 25 mph between the Cultural District and Town Square speed limit, frequent 4-way intersections, on-street (civic campus), and the Downtown District. °{ f�,s and relative) low-scale development. p parking, Y p Given its characteristics and relationship to the rear The segment east of Federal Highway changes civic uses, it will continue to serve as a venue in purpose, becoming an access route to, and for existing and future special events which emergency evacuation route from the barrier uses the entire right-of-way in street-festival island. This segment of Ocean Avenue is under fashion to accommodate the patrons. State jurisdiction and provides access to a downtown node consisting of the CRA's marina and waterfront park, the Marina Village development, and waterfront restaurants. Also adjacent to this commercial center is the City's Boynton Beach Promenade and Mangrove Park with its boardwalk path through the mangroves to the Intracoastal 39 Page 607 of 74 ® Seacrest Boulevard is a north-south Woolbright Road is a county collector street county collector street that dissects serving as a second major linkage between 1-95 the Heart of Boynton District and MLK and Seacrest Boulevard, the activity node at the Jr. Boulevard, represents the western intersection with Federal Highway, and waterfront border of Town Square, and separates land uses and amenities. Although mostly located the large single-family neighborhoods outside of the CRA, it is a principal connector road from the civic campus, recreation areas, within the network, a second entrance into the CRA and the downtown. This road is flanked and the downtown. Similar to segments of Boynton by, and connects various public, private Beach Boulevard, Woolbright Road consists of and institutional uses such as various wide vehicle lanes, an uninterrupted center turn churches, Poinciana Elementary School, lane, minimal landscaping and no shading for Sara Sims Park and nearby Wilson Park/ the pedestrian. Despite the fact that the road Denson Pool, one of the City's largest separates a large single-family neighborhood to employers (Bethesda Hospital) and City the north from a recreation area to the south, it has Hall. Historically, the role of this road in no direct pedestrian crossings or bike paths, and the area's roadway network has been there is much room for improving the aesthetics ofIf a collector street extending south into this second access into the CRA. �fb the City of Delray Beach and north into ?� the Town of Lantana. The design places Gateway Boulevard is the last of the streets M a greater priority on the motor vehicle recommended to ultimately become "Complete tl \� and the terminating destinations, than Streets", and is included given its proximity to the � on the pedestrian, bicyclist, and abutting CRA and role in the circulation system in the City. residential neighborhoods. Although Although only a short segment of it is within the streetsca a improvements to a portion CRA it serves as a main access route from I-95 to of the northern segment of Seacreast the north end of the CRA, and connects residential Boulevard were completed in 2015, the neighborhoods in this northern area to a potential improvements excluded an increase in future hub of convenience stores to serve local the sidewalk widths and the expansion needs. The F.E.C. Railroad crossing represents a of bike lanes, mostly due to the limits of challenge to providing optimal pedestrian access the existing right-of-way and the County's along this short segment of Gateway Boulevard. design standards. Given the location within the redevelopment area the abutting land uses including substantial single- family neighborhoods, traffic calming and pedestrian circulation should be a priority in future public infrastructure improvements and in the design of private development. 40 Page 608 of 743 .tew WgyBlvd. t r A , A COO Qo�yntoneach Blv � � }t;�4 z�r Ocean Ave_ rF +, 1 � G,s WOE° rht Rd j Figure 5: Recommended Complete Streets ` 4II Page 609 of 74 Greenways and ecotrails represent enhanced public walkways intended to serve as a buffer(or transition) between land use categories, or provide a connection for the pedestrian between parks and conservation areas within the CRA. Depending on the purpose, such walkways could be defined by decorative buffer walls, natural landscaping and dense tree canopies, meandering paths, accentuated cross-walks, way- finding signage, and other public amenities such as covered areas and benches. Many of the City's natural areas and parks are "off the beaten path" and therefore may not be realized by residents and visitors. Such a walkway or trail system raises awareness of, and increases accessibility to these attractions within the CRA.As described above, they are also used to simultaneously provide a buffer or transition from commercial areas or areas of higher density residential land uses to abutting low density residential neighborhoods. Consistent with the City's Greenways, Blueways, and Trails Plan completed in 2015, this Plan highlights and recommends segments from this city-wide trails plan to increase access to and through the Mangrove f� Park, the Boynton Beach Marina and waterfront area, Pence Park, Sara Simms Park, Wilson Park, Palmetto Greens Park, and Barton Greenway. "IR A pedestrian greenway is recommended for the north side of Northwest 1st Avenue, to promote t redevelopment of the full block along the south side of Boynton Beach Boulevard while buffering the ,J single-family neighborhood to the south. �tqg� E f t � S n� . 42 Page 610 of 743 p NW'I St Avg7m,n Ocear7 Ave h rN° �.----10err w �nlr WIN d` A i Legend ' r u� A Figure 7: Recommended Greenways & EcoTrails Elm t<v x 43 Page 611 of 74 Y' C - With the convenience and low cost of using a bicycle, the increasing availability of bike accommodations throughout the area, the bike accident data and reputation of our streets for being unsafe to bicyclists, bike paths and lanes are basic components of most transportation planning systems and an important part of the connectivity element of this Plan. Most all of the County's Palm Tran system accommodates bikes, and the local commuter train Tri-Rail has dedicated bike storage systems both on the trains and at the stations (most areas are covered or even include enclosed lockers). Bike accommodations can take the form of on-street bike lanes or shared paths within rights-of-way, or dedicated or shared paths located apart from the public roadway network. As referenced above under Greenways, Ecotrails & Parks, components from the City's Greenways, Blueways and Trails Plan have been emphasized in this Plan to further the connectivity objective, while supporting a more sustainable mode of travel and promoting recreation and healthier living. In addition to providing direct access to or within the points of interest shown on the corresponding exhibit, bike lanes or paths should be added to and/or maintained or improved on Federal Highway, Boynton Beach Boulevard, Seacrest Boulevard, Woolbright Road, Ocean Avenue, NW 2nd Street, SE f 4th Street, and NW 4th Avenue. t` $ Y, s n ru,isJ»�)} tisll�ill)"`+r' Y t Mkt 1" ' t u F � r 44 Page 612 of 743 a e � J L_ � 1 i arm Ing _ ,�®®:gym E rf`4 f 1 fa Legend Figure 9: Recommended Bike Lanes � q 45 Page 613 of 74 The CRA is currently served directly by the F.E.C. Railroad is a historic rail line originally built and Palm Tran System, providing bus transit operated for passenger service until discontinued in services with both a fixed route program and 1968. It traverses the coastal communities along the a door-to-door paratransit program for the coast of Florida, closely paralleling Federal Highway disadvantaged resident and guest. Palm Tran within the region. This new service is currently planned Route #70 follows Seacrest Boulevard with to be phased in, starting with service in Miami, numerous bus stops in the Heart of Boynton; followed by phasing in the additional northern stops it is an important link between the downtown as justified by demand. Based on demand being a and the Tri Rail Station located just west of 1-95 factor of population density and employment, the City near Gateway Boulevard. Palm Tran Route#73 began planning for a downtown station with the Transit primarily traverses Boynton Beach Boulevard Oriented Development (TOD) Study; establishment of from downtown west to Bethesda Hospital the Downtown Transit Oriented Development District; West at SR 441 and includes a direct stop at the and adoption of the initial TOD zoning provisions Boynton Beach Mall. Lastly, Route #1 extends with density bonus incentives and a minimum density t along Federal Highway and terminates at the standard. These provisions apply within the Downtown Gardens Mall in Palm Beach Gardens, and TOD (a.k.a. "Station Area"), which is defined as the south of Palmetto Park Road in Boca Raton. area within a one-half mile radius around the future r" All three (3) bus routes travel through the City's station stop planned for the intersection of Boynton \� Downtown Transit Oriented Development Beach Boulevard and NE 4th Street. (TOD) District and would provide direct access O ut, to, or are located within a short walking distance It is important to prioritize the need to improve land to the planned passenger rail station near development patterns in advance of station development { Boynton Beach Boulevard and NE 4th Street. for several reasons: (1) transit-oriented development (TOD) improves ridership for transit service, thereby As indicated above, Route #70 provides the increasing efficiency; (2) transit service increases link for the downtown to regional commuter rail access to station areas, thereby increasing potential for transit provided by Tri-Rail, which operates on higher intensity and density land development; (3)TOD a shared railroad that parallels 1-95 through equally accommodates all modes of transportation the tri-county area; provides stops within Palm (car as well as pedestrian, bicycle, and transit), further Beach, Broward and Dade Counties; and increasing access to station areas and potential connects with Amtrak and Metro Rail in Miami. for increased development capacity; and (4) TOD Tri-Rail provides access to major employment encourages a park-once environment, which reduces centers and educational institutions within the vehicular demand on the roadway network and carbon tri-county area as well as all three major airports emissions. Furthermore, federal funding for transit within the region. projects such as the Tri-Rail Coastal Link are highly contingent upon existing and projected TOD patterns There are future changes on the horizon in around station areas such as the City's planned rail transit options for downtown Boynton Beach, station. Cities that adopt TOD plans and codes ahead of which the City has been planning for since it the planned service help improve the competitiveness became certain that Tri-Rail services would of the City for a train stop. be expanded to the F.E.C. Railroad. The 46 Page 614 of 743 The most significant features of a TOD are (1) increased density and intensity of development, with minimum levels of development recommended by FDOT; (2)walkability and interconnectivity throughout the area; and (3) mix of uses appropriate to the service and area. In July of 2013, the City adopted provisions for TOD and the corresponding standards within the mixed use zoning regulations, including the minimum density standards for mixed use districts within the Transit Core, defined as a '/4 mile radius around the future station. " • Prepare a Complete Streets program for the targeted streets within the CRA to guide the ultimate redesign and or incremental improvements to implement the connectivity and walkability objectives of the plan. • Require the completion of all missing sidewalk segments within the CRA and adjoining areas in r conjunction with private development or redevelopment, and public improvements. • Require that development design establish a pedestrian zone along the rights-of-way, tailored per roadway type and anticipated land use. • Require that streetscape landscape design and species selection emphasize the pedestrian way with optimal location and maximized shading. js • Ensure the completion of greenways through necessary dedications and physical improvements required in conjunction with private and public development. • Consider the opportunity to promote downtown events in appropriate areas through the use of Festive Street design. • Consider LDRs that will ensure the installment of the greenway as a condition of rezoning for full block commercial/mixed-use redevelopment of the Boynton Beach Boulevard Corridor. • To ensure optimal bus stop locations and design, coordinate with Palm Tran as part of the development review process, and consider additional LDRs that require related improvements concurrent with development and redevelopment throughout the CRA. 47 Page 615 of 74 \ \ § § \ \� \� Mill \ \� % «� \ \� \� \ \ 48 Page 616 0 743 a The land use recommendations constitute the bedrock of a community redevelopment plan. The Plan proposes to initiate changes to the existing future land use (FLU) and zoning patterns as currently depicted z4 on the City's official Future Land Use and Zoning Maps. Site specific changes will be facilitated and supported by significant adjustment to the future land use and zoning structure, through modifications of both FLU y4 classifications and the corresponding zoning districts for residential and mixed uses.As shown in Table 1 and 2 below, the Plan recommends elimination of several categories and creation of new ones for both future land {$ use and zoning, as well as modifications of the density caps: DENSITY DENVITY EXISTING FLU RECOMME CHANGE l �4 ,�s IIS $IEE ,1"I rt `11i Low Density (LOIS), 5 ,5 into Moderate it � L e°nsii$ (L category. F 7. Me,diuirn Clens ( E F ) 10 ( Medium sit (M EC R) 11 Merged edl int one H' h Density (HDR) 1 to e Highs Den;gity D S I h ns to a new ( F-Isf ) 20 Special High Density, HDR, SHDR ( HOR 20 iin URRAN MIXRO USE'CLASSIFICATION,$, n a Mixed Use Low 20 NEWFLU Mixed Use (IBX) 40 Mixed` U e Medium 50 i noreased Density Renamed" ClOrrespOnds, Mixed Use Core (MX-C) 80 Mixed, Use High 80 �� iur�s fixed pre Use Cuire Table 1: Proposed Changes to the Future Land Use(FLU)Classifications 49 Page 617 of 74 The recommended changes to the existing future land use classifications include a corresponding set of proposed changes to the zoning structure, shown in Table 2. RECOMMENDED DENSrrY ZONING DENSFY MAX CHANGE TCS ZONING LAND USE DUACRE DISTRICTS CAPS: HEIGHT DISTRICTS r s t t S r t } r t i s s s s t t s ss sssssssssssssssssss 1 t t fi R 1 AAA, R1- Merged zoning.districts°........ .. ...... Low Density{ (LDR) 75 ,IB, RI--AA, 5 TO 75 stories) ccrrespcndiN to existing LDR and PUDMODR FLU categories R2 15 30' (;2 Corresponding to the existing Medium Density 11 stories) MEDR (MEDR) R3, PUD, MI5 (`1 IPUD 11 stories) Previously under the IDR FLU High Density (HDR) 15 R-4, [PUD, 15 45` (4 NEW district R-4 PUD stories Special High 20 45` IPUD PUD 2t] No changer Density (SHDR) stories) 1' f k r r 1 Density and height same as the.... MixedUse Low 20 MU-1 20 45 (4 MUL-1 zoning district under the stories) existing MX FLU increased density: existing MUL- J#rJ MU-2 40 651 (6 2 under MX FLU at 30 duJacre stories) Mixed Use 50 Medium WN uit� Mtn-3 54 75, (7 NEW district 1 stories) MU-4 50 13117 (13' NEW district stories) Mixed Use High 80 MU Core 80: 150' (15 Renamed district Corresponds stories) with previous MU-H. Table 2: Land Use Structure and Corresponding Zoning The recommendations emphasize mixed use for development and redevelopment, which are intended to play a major role in the ongoing revitalization of the CRA area, encouraging high quality design by providing both greater flexibility and more control. c'(l ,z ,krJrir J(, Ali it 3 0 • Transition from two to three future land use classifications, and from four to five urban mixed use zoning districts.A steep increase in density and height caps between the Mixed Use and the Mixed Use Core classifications within the existing structure—from 40 DU/Acre to 80 DU/Acre and from 75 feet to 150 feet—makes for a gap that hinders future creation of a desired urban form and urban identity for the Downtown and adjacent districts of the CRA. There is no zoning district within the Mixed Use Core classification that would bridge the 40 DU/Acre density gap, and the existing 50 Page 618 of 743 supplemental regulations created to address the vast difference in scale for potential proximity of developments under the Mixed Use and Mixed Use Core classifications are inadequate. • Replacing of the Mixed Use future land use classification with Mixed Use Medium land use,classification and introducing new zoning district, MU-4 (under the Mixed Use High category) with intermediate density thresholds. The density caps for the new FLU classification and the new zoning district-50 DU/Acre and 60 DU/Acre, respectively—have been established specifically to support the appropriate continuum of scale, addressing the described above density gap. I.' �1 �E ( • Merging of the two lowest density residential classifications into a single classification named Low Density Residential Future Land Use Classification (LDR), with the maximum allowable density of 7.5 dwelling units per acre. The existing zoning designations remain and will act to limit densities in neighborhoods developed with densities below 7.5 DU/Acre. This change contributes to "house cleaning," eliminating a City-wide inconsistency whereby a significant number of residential areas 4 classified as Low Density Residential—for example, areas west of Seacrest Boulevard in the Heart of Boynton district—car zoning designations corresponding to the Moderate Density future land use Y district—carry 9 9 p 9 Y category. • Merging of the Medium Density Residential and High Density Residential future land use classifications into a single classification named Medium Density Residential Classification with a maximum allowable density of 11 dwelling units per acre. The corresponding zoning designations are also merged and now include R-2, R-3, IPUD and PUD will remain unchanged. It is currently under the High Density G,j s Residential category. Simply stated, this change merges two land use classifications with closely �r matching density caps (10 units per acre and 11 units per acre). • Creation of a new High Density Residential future land use classification with a maximum density of 15 dwelling units nits per acre. A new multifamily zoning district, R-4, is proposed for this category. The Special High Density (SHDR) classification remains as is. This classification, limited to the CRA area, does not allow commercial uses except for marine-oriented and water-dependent uses in conjunction with the Palm Beach County Manatee Protection Plan. Its maximum density of 20 DU/Acre is the same as the maximum residential density of the new Mixed Use Low future land use classification. Even though the latter does not necessarily require inclusion of commercial uses, maintaining a SHDR as a residential-only classification (except as stated above) is important as it may be more appropriate than Mixed Use Low for certain locations. Further, significant amount of land within the CRA has already been developed under SHDR classification with the IPUD zoning. Aside from the CRA area, for which they are intended, the changes will eventually have a City-wide benefit for future redevelopment. II Page 619 of 74 '�) %\\ 9 Page 620 0 743 © ��( /(« ( ��} ��\ t�A \�d i 53 Page 621 0 b»6 r �t i 3 I M kr yt�. 1 e,. 7 i �4 54 Page 622 of 743 �tl; 0, j ,�i APS, Boynton Beac Aff Boulevard District Mtroduction +z4 Planning Challenges Planning Considerations The Vision ,t} it Recommendations tiV{ Page 623 of 74 Intro LACtion Currently there is no adopted plan for the Boynton Beach Boulevard corridor. There were public workshops held in 2005 to discuss the vision for the corridor, and many of the recommendations from those workshops are incorporated into this plan. There has been little redevelopment progress along the corridor at the scale envisioned by this Plan due to lack of developable parcels, no clear development vision and little to no public investment. The CRA invested in a public parking lot in 2015 to serve the future downtown growth. The Agency is currently in the planning phase for improvements to Boynton Beach Boulevard. The Boynton Beach Boulevard District consists of the Boynton Beach Boulevard corridor between 1-95 and the FEC Railway. The District extends north to N.E. 3rd Avenue and south to W. Ocean Avenue (west of Seacreast Boulevard) and N.E. 1 st Avenue (East of Seacrest Boulevard). This area is the main entry into the downtown from the 1-95 exit and will therefore establish the first impression that visitors and many residents have of the City. The district also provides easy access to the City's public beach, the Boynton Harbor Marina, City Hall, the Children's Schoolhouse Museum and the Library. The areas directly north and south of the District are predominately large single-family neighborhoods. There is no buffer between the commercial uses fronting the corridor and residential uses which has held back property values in these neighborhoods. i jI u 3, Figure 10: Boynton Beach District Location Map Pianninq CtiaNNen ea assembly and redevelopment for viable commercial uses. As a AAs the City's population grew, Boynton Beach consequence, business activity t"fir Boulevard was widened to five lanes thereby along the corridor has primarily accommodating higher traffic speeds and higher consisted of minimal conversion of 4 traffic volume, while lowering the aesthetic single-family houses to commercial s r quality of the corridor. Additionally, commercial uses rather than redevelopment at � zoning only extends one-half block deep from the scale envisioned for this Plan. Boynton Beach Boulevard which represents Nearly all of the parking for the insufficient land necessary to support the land businesses along the Boulevard is 56 Page 624 of 743 in front of the buildings meaning that in many cases, t cars have to back out into traffic. There are numerous ' curb cuts for each commercial use along the corridor leaving little room for landscape improvements and the s p pedestrian zone. � SII t Due to the widening of the Boynton Beach Boulevard over the years,vehicular use has been emphasized over tti pedestrian or bike use. Under the current configuration of the roadway, there is insufficient right-of-way for landscaping, wider sidewalks, bike lanes, bus shelters and street furniture. Recently large utility poles were installed on the south side of the Boulevard adding to the visual blight of the corridor. There are only three signalized intersections that have formal pedestrian crossing zones. Pedestrians must walk several blocks in order to cross the Boulevard. \ \ \ \ \ \ \ \ \ \ 9 Page 626 0 743 EpIgnnft,Considerations NW 1st Avenue Historic District: Several factors were considered in determining the The potential NW 1st Avenue historic district land use designations for the Boynton Beach Boulevard contains thirteen properties, seven of which District. Just east along the District is the location of the would be considered "contributing properties". future site of the Tri-Rail Coastal Link commuter service The designation process was applied but failed to on the FEC Rail line, which will serve the South Florida produce a positive result (although the outcome of metropolitan region. To improve land development the vote was very close). It is recommended that the patterns in advance of station development, the City designation of a historic district be again explored adopted a Downtown Transit Oriented Development in the future if there has been no assemblage of District (DTOD), covering a '/2 mile radius around the the properties on the north side of NW 1 st Avenue planned station. The DTOD district regulations support for commercial development. In the meantime, the increased intensity of development through a 25% owners of the "contributing" sites will be contacted density bonus. The Boynton Beach Boulevard District to determine their interest in applying for individual and DTOD district overlap; only the area from 1-95 to designation of their properties. (approximately) N.W. 2nd Street is not included within the DTOD District. A second consideration is that the Boynton Beach n }; Boulevard District is entirely enclosed within the ri, thi�. Transportation Concurrency Exception Area (TCEA) which, in addition to the residential exception area Il�� applicable east of 1-95, exempts all development from the Palm Beach County traffic concurrency thus . allowing denser development. ups The Plan recommends that the higher density and height occur within this District where both the TCEA � and the TOD overlap. Figure 12: Historic Property on First Avenue Page 627 of 74 Vision The Boynton Beach Boulevard District is envisioned to serve as a welcoming and beautiful entry into the Downtown District. Pedestrians will be encouraged to walk along the broad sidewalks in the shade of mature trees to visit the various stores and restaurants along the corridor. Bicyclists will safely travel along the corridor and will be able to park their bikes at one of the local shops where they'll meet a friend for a cup of coffee. Visitors will be able to find their way to the marina, the Children's Schoolhouse Museum and the Public Library using the various way finding signs along the corridor. Investors will see the value of developing in downtown Boynton Beach based on the public improvements and will begin to assemble land for development of mixed-use projects. Recommendations: trees c ie Streetscape enhancements are recommended for the Boynton Beach Boulevard District. The space for these enhancements may be obtained through either right-of-way dedications or public easements and should include: • Implement a Complete Streets program Minimum 8' wide active use area abutting the for Boynton Beach Boulevard including the building addition of: Decorative light poles at both the vehicular and • On-street parking pedestrian scales • Bike lanes Enhanced street furniture, bus shelters, bike r„ • Enhance median with mature tree canopy racks and receptacles (at time of planting) and landscape lighting Active uses along the first floor of development • Marking of major intersections with Create a greenway along the north side of NW 1 st materials such as pavers, paint, etc. Avenue per the Connectivity Plan Narrowing of travel lanes to create space Create way finding signage to mark the entry into Y 9Y for landscaping and wider sidewalks and the City and brand the district to make the street safer for bicyclists and pedestrians. Install public art in key locations • Create a Pedestrian Zone adjacent to the right- Provide additional pedestrian crossings where of-ways that is inviting, safe and includes: needed • Addition of canopy street trees Underground overhead utilities • Minimum 8' wide clear sidewalk 1 r NO t, 9 t t Figure 13: Boynton Beach Blvd. District Streetscape Recommendations Area 60 Page 628 of 743 Entrance enhancements Intersection enhancements Intersection enhancements • Signage / Gateway • Directional signage • Entry to Downtown • Pavement / material • Directional signage • Landscaping • Pavement / material • Public art location • Landscaping • Safe pedestrian crossing • Public art location • Safe pedestrian crossing r ),1 t 6 I "' gk�y, }iw m;f,,,�tr �'� ;fl,, r �-w 1t } � �a�v�'srr ,. Vii,✓u S '�„ ,JN ' }I�,l�l4 I�, tr Figure 14: Boynton Beach Blvd. Intersection Enhancements !ill; Ghs. - , L q F „ s4- ut t- otl ,ttt r li y✓. Figure 15: Boynton Beach Blvd. Example Streetscape Enhancements 6l Page 629 of 74 Boynton Beach Boulevard Design: West of Seacrest Boulevard Opp € d z qqw� r � � I i+ s +fid' F;- c- Idea baa' Figure 16: Boynton Beach Blvd. Plan from 1-95 to Seacrest Blvd. Tle U � ' W Tp� TL Ir .•.•.•.•. --------------- Figure 17: Boynton Beach Blvd. Section from 1-95 to Seacrest Blvd. 62 Page 630 of 743 Boynton Beach Boulevard Design: East of Seacrest Boulevard Is i AO Ir � 7 � �4 r sem: . Iv tl R 0Illi v G j RI r L� y„ . j`, Figure 18: Boynton Beach Blvd. Plan from Seacrest Blvd. to Federal Hwy. i. d t� n , N L s + q,o q rr 4, 11-1 - a- - In 16.4` �In , q „ KIM Figure 19: Boynton Beach Blvd. Section from Seacrest Blvd.to Federal Hwy. 63 Page 631 of 74 Recommendations: Land Use The predominant existing future land use designation along the Boynton Beach Boulevard corridor is Local Retail Commercial. Other future land use designations are Public and Private and Governmental/ Institutional (where City Hall is located) and Office Commercial. The Local Retail Commercial designation only extends one-half block to the north and south of Boynton Beach Boulevard. The lack of depth has prevented successful projects from being developed along the corridor. In order to encourage a vibrant corridor with the desired private development and public spaces, it is recommended that the following future land use changes be made: • From 1-95 east to N.W. 1st Street, change Local Retail Commercial and Low Density Residential to Mixed-Use Low. The Mixed-Use Low land use designation should extend the depth of the block north and south of Boynton Beach Boulevard. • From N.W. 1st Street east to N.E. 3rd Street, change Local Retail Commercial, Public and Private Governmental/Institutional, Medium Density Residential, General Commercial to Mixed-Use Medium Future Land Use. The Mixed-Use Medium land use designation should extend the depth of the block north and south of Boynton Beach Boulevard. • From N. E. 3rd Street east to the FEC Railroad, change General Commercial, Industrial, Local Retail Commercial to Mixed-Use High future land use designation. The Mixed-Use High future land use designation should extend the depth of the block north and south of Boynton Beach Boulevard. '}tip }�s, Below is a table showing the proposed land use and zoning designations that will apply along the Boyntonnton�` Beach Boulevard corridor: t w Table 3: Recommended Future Land Use FLU Classifications within the Bo nton Beach Blvd District LAND USE DENSITY CORRESPONDING ZONING DENSITY MAX Mixed-Use, Lw 20 IM U-1 20 45' t Mixed-Use, 4 ' a Meiiu a9U=360 " -----------------7-] MU-460 1 Mixed-Use High ao MU Gore (not mcommended in. this DI # 80 159 Properties located within the TOD may recieve a 25%density bonus t , z» � 0111111111 64 Page 632 of 743 MU Low MU- Med MU- High • 20 du/ac • 40 du/ac • 80 du/ac • Max height 45' • Max height: 75' . Max height 150' • TOD Bonuses • TOD Density Bonus I< '�.� �% � H i Cl —j s 4 Ing I h, 1 r Ii y Figure 20: Recommended Future Land Use for the Boynton Beach Blvd. District Jit�3$ �l3 !ill; Mtn Low Town ua MU" Med W- H' h ` 0 d' aCi1cn en Ya d Lvnits, W 40-50 d a° c ■ 0� d ;aC 611 du;ac Max h,eighll45' 9 Max hoi�ht= ■ Max hei tit: r" 7,5' W-4) 0diaV6I pr ent I infil 1,00 Oerlsity Max Koigfht 100' comer izi uses required 'TOD Density Bory-us, TOD Density ■ Parking alrear eQnus r i l ms -'s leas ■ PuVjo qroenwayto buff °r$FFA ■ Corner iat u!5os required COmmwciail uses• Two stork rax at street required! Max 4 stories on regife Buildin gs set back to allow for street: Max 4 stones o pod,-estri rt rye street ,j r � tI i IIII �s6Jr'�Ji� • • •. � - , �,,,..' �, � s�'+i ��$� = '�'�7{ :��_��� c } <, ..x£,: ,�,; rr, �`?��1 r t � r { r s t � + u t r - Figure 21: Boynton Beach Blvd. Example Projects 6 Page 633 of 74 \ \ \ \ \ \ \ \ \ \ 66 Page 634 0 743 Recommendations: Ui-i:� n Des i Create an overlay district for Boynton Beach Boulevard to control height at street frontage, building setback, design, uses, and overal character. • The building shall be setback to accommodate the pedestrian zone. • Active commercial uses shall be required on the street frontage of Boynton Beach Boulevard.Automobile oriented uses, such as, gas stations and car washes, are prohibited. Drive-thrus are only permitted when not visible from right-of-ways and completely behind a structure. • First floor of building shall maximize the amount of glazing. • Buildings fronting Boynton Beach Boulevard shall have maximized glazing on first floors • Approximately 75% of the lot frontage must be occupied by structure and adjacent to the pedestrian zone. • Buildings fronting Boynton Beach Boulevard shall have a minimum height of 30' • Buildings fronting Boynton Beach Boulevard shall be a maximum of 45', consistent for 30' deep. f3sz4 • Parking shall be located to the rear or side of the property. MU-L Land Uses are permitted to have one (single loaded) row of parking in front of the structure. • Only when access is not possible from the rear or side shall curb cuts be permitted on Boynton beach his Blvd `'l" • All buildings along Boynton Beach Blvd pedestrian access from the right-of-way/sidewalks. V The main pedestrian entry, or front door, must be fronting Boynton Beach Blvd. • Mixed use projects adjacent to single-family areas shall include greenways for proper buffering Staff will review architectural styles and make recommendations regarding Architectural Guidelines that may enhance the character of the District. This process will include public input. i } i19Y� Egli L � ' r t Figure 22: Example Greenway Recommended on First Avenue 67 Page 635 of 74 4� 01 't4rf, ��ril}t"3:� 1 i F s ' rp s 4 r - r. r F z Figure 23: Boynton Beach Blvd. Example Mixed Use Low Project lfr; Figure 25: Boynton Beach Blvd District Master Plan 117 ,w£ Vq r r « d-- ., y s i r f- J PWWWm� I F, q� !.,'� 1{$ri�i4 �,.iE" 1 rltkV,nif,.t4s f (rStrS rlrh2'7tt �n7}tSs.'i� }��1i$j1�1 ifr n, ti;r•'_ tH,v7f rUi`rtt 1t >t '' 1 it' trtL£'r"Yf; r p w£ � tI rr i 68 Page 636 of 743 , a Sys S ' a � 1 r III y 4 a�a ` I c {VtS Figure 24: Boynton Beach Blvd. Example Mixed Use Medium Project (iit} !ill; „ 13 1��, `3�1` ' iXt�• t �i' � , c`-fh�?iS�itl I`..".a � s, � .f�Ysi'�+ ,ltt�E S� s�, t� i�t�¢m,a.,3, {�" _ 1 ! a ,k a, £ saa tit i Y11tuh �tiN �k"�`; - V � 3. '..���1ilt�� al��l�l�£ i�i �Jn�S}�iotR���s��t£i1'('c {c:'�F a'�� �,•: ����{� t t e'� ntF e �y t { ytt YrI ¢ y ki,h'tlr fir„ r v s i•„""tm t&� a ntVti "u aY,, t;t X4,0. a tau, i 1 „c r, S 69 Page 637 of 74 - V� i it yy N r ` iz' i r}t 1.� 711 tii=r jEy tit , - - E � f I � 1' , ff r t r- e , 4 U y i1 !1 r y 1 S F � ���f i �i it s"tl:�;z frb,m�r \ 70 Page 638 of 743 nil; ,\11i APS, Cultural Distric Mtroduction Planning Challenges Planning Considerations The Vision z it>I; eIr !ill; Gas. MU `1�1` II Page 639 of 74 IntrodLAction The most recent planning effort that targeted this area was the Downtown Vision and Master Plan adopted in 2009. Prior to that, the Ocean District Plan was adopted in 2004 to guide redevelopment of Ocean Avenue between Seacrest Boulevard and the F.E.C. Railroad tracks, and the properties surrounding this corridor including "Town Square". The common vision of both plans was to create a cultural district anchored by the Children's Schoolhouse Museum, library and civic uses, and to maintain and reuse the historic structures. The City invested in a streetscape project along Ocean Avenue in the late 1990's. The CRA purchased a historic structure at 211 Ocean Avenue that is in the planning process to be converted to a bar/restaurant, and moved another historic structure onto Ocean Avenue from N.E. 1 st Avenue to create a cafe. In 2011, the CRA developed the amphitheater where most of the CRA events are held. The goal of these projects has been to activate Ocean Avenue as a quaint gathering place and link to downtown and marina. The Cultural District, at 28 acres, is the smallest of the six planning districts. Its boundaries are Seacrest Boulevard to the west, N.E. 1 st Avenue to the north, the FEC Railway to the east and S.E. 2nd Avenue to the south; it is adjacent to the Boynton Beach Boulevard District and the Downtown District. The western section of the District (west of SE 1st Street) is almost completely occupied by civic uses. r„ 't The remaining part of the district has a significant number of single-family homes, and several small, older multifamily condo and apartment buildings. North of Ocean Avenue, several vacant parcels are part of a land assemblage targeted for redevelopment ( Figure 26: Cultural District Location Ma AA - a tie r s r rn r 7 airy x - iP 4 r i it , 72 Page 640 of 743 pignn „ IMIQU e , Beach County traffic concurrency thus allowing denser development. The Cultural District has some unique redevelopment challenges. First, the ownership pattern (seven The existence of these transportation-oriented condominium buildings) makes assemblage of designations is a factor in considering where increased developable parcels difficult. The cost and difficulty height and density will occur within the CRA district. of assembling these condominium sites make the The Cultural District,while not an area appropriate for redevelopment of sections of the District a long term the height recommended in the Downtown District, prospect. is located within both the DTODD and the TCEA, supporting the move to higher densities. A disconnect between the current future land use classifications within the Districtand recommendations A third consideration is the public-private partnership of the redevelopment plans has been a source of opportunity for the 16 plus acre civic campus, a confusion for both residents and investors. major potential catalyst for redevelopment at the western end of the downtown core. The relocation of A lack of active uses such as cultural venues, City Hall within this area would make land available restaurants or galleries, discourages visitors from at a prominent intersection along Boynton Beach venturing into this area of downtown. Narrow Boulevard. A charrette was held and study prepared };4 sidewalks or no sidewalks on some streets exacerbate yielding various design options supporting higher the problem. While the civic campus, including City densities and a mixed of civic, residential and retail Hall, the library, the Civic Center and the Art Center uses. ii t} attract people during the day, they have no reason to stay in the District. N ��N� Considerations Several factors were considered in determining the land use designations for the Cultural District. First, � N located directly east of the District is the future site of the station for the planned Tri-Rail Coastal Link I �s,y ,s`i'11uatis ,,„rt commuter service on the FEC Rail line which will serve the South Florida metropolitan region. To improveMii�` ,tisr "s� --- land development patterns in advance of station ? }",ti'��������� ,�� �'r� ' development, the City adopted a Downtown Transit - Oriented Development District (DTOD), covering a '/z �`" mile radius around the station's location. The DTOD district regulations support increased intensity of development through a 25% density bonus. �I second is the District s entirelyenclosed consideration lo ed with n t the Cultural Transportation � Concurrency Exception Area (TCEA) which, in addition to the residential area exception applicable p pp east of 1-95, exempts all development from the Palm Figure 27: Example of District Planning Challenges 73 Page 641 of 74 • Enhanced street furniture, bus shelters, bike racks and receptacles • Active uses along the first floor of development Seacrest Boulevard • Implement a Complete Streets program for Seacrest Boulevard to accommodate bike lanes and bike racks, safe pedestrian crossings, required on-street parking, and consideration for rotary intersection design at Ocean Avenue • Install public art in key locations • Provide additional pedestrian crossings where needed • Underground overhead utilities EwEntcanoe �h ts- Entre • . ent�ai°rn ongen �f 4 Ir k +tx r a gs r k y P v § t t ............................. Figure 30: Example Entry Features to the Cultural District Figure 31: Location of Entry Features to the Cultural District wax .. ............. ... . , s Figure 32: Ocean Ave. Festival Street Section 7 Page 643 of 74 Recommendations: Land Use T s44° � as MAA Use i l � The predominant existing future land use M WNig1111V max hoqyt,45, 1003 ` h m Aft,bghl 6 doff lye designation within the Cultural District � ,� , �° is Public & Private Governmental/ Institutional. This designation covers [°L°� �F 16.5 acres and includes the blocks of ` City Hall, the library, etc. Other future land use designations are High-Density Residential, Local Retail Commercial �� �, and Low Density Residential. In order to encourage redevelopment of this district into an active, economically viable area, the proposed land use ,U designation and zoning changes are ��''; _ �� ` �E a �All proposed: • Change entire district to Figure 33: Cultural District Example Projects Mixed-Use Medium land use designation Table 4: Recommended Future Land Use (FLU) Classifications within,the Cultural.District • Create an overlay district LOO U iCeN OV C 0I� ZONING f NSaTYtMAX for Ocean Avenue to control a . . . r � J tot r r°°n.- i!C,u1twrW 80 150 ;t height at street frontage, _ u Be H � . building setback, uses, etc. _ MU log W ?v j U,,,2 40 65 *Properties located within the TOD may recieve a 25%density bonus t, Fi ure 34 Recommended Land Use for the Cultural District 5 I� t v i t' t s j M ` Cil ti , 76 Page 644 of 743 Recommend tions: �is n Desi Create/ modify an overlay district for Ocean Avenue, which encompasses the entire Cultural District, to control height at street frontage, building setback, design, uses and overal character. • Ocean Ave will be designed to have a streetwall (building faces) abutting the pedestrian zone. • Active commercial uses shall be required on the street frontage of Ocean Ave. Automobile oriented uses, such as, gas stations, car washes, and drive-thrus, are prohibited. • Structures along Ocean Avenue shall be design to the pedestrian scale and have a maximum height of 35', consistent for a depth of a minimum of 30'. • Maximize glazing on first floors • Require street canopy trees • Public spaces such as plazas or greens shall be created as part of each project. Staff will review architectural styles and make recommendations regarding Architectural Guidelines that may enhance the character of the District. This process will include public input. Streetwall Design z4 ' max frornfing Ocean Ave • Addi on 1 height mus! app d baick, tS4 ® omlard [ usesmquired along Ocean • Publilic spacessuch as,p a r grrli t{ areas required along Ocean �llrf Maxim,r e g1 ging on first floor IV Pedestrian shade 5 V ; 'ry µ 1 f ,�yF ( VV 5 Figure 35: Ocean Ave. Streetwall Design 4`Q- XV,0' �„ s ..� ,- ra E,",'a4IMmwq,%ng t Figure 36: Ocean Ave. Design Diagram 77 Page 645 of 74 t � a st I ,t- ,t � ew t Ns}s?# ttt t% r t A w` r Figure 37: Ocean Ave. Example Mixed Use Medium Project i` t{ r tQ Figure 38: Cultural District Master Plan q a t NAM ��Y�t Q is-: st �{ nf� ���a���� � �s r t� 4 E i -- s t 1 t i r h nw# s 1111, 4,1111111111V, r F 78 Page 646 of 743 1t�s s—,'�sf yy s �— s ,tt,„ t n � e ttf{ {tftt B`Sr?`'ts �; )s Figure 39: Cultural District Example Entry and Streetscape �) t r !ill; Gtt. 79 Page 647 of 74 - {� ter = III Olml, A tr a ) r� +y} `t�t�a ',' slllttrl�t,ltf�1\1}t�'t�i1 ttr 5 f r t 1 �ui1 li�h�}t s {ii t i t3� n tib S� Svitq`fl({ IA W's1 I q;��(} 1 j� �y•. !1- i f t ,I }�Si �j..... rtid� tfi �,; i � ��ts rr rF I � I ✓ �i} Ot rr ( r� `�t ii It, t � at : r t 4 t RA (I� t l n �IU� r Su� ,.Sr tit� tt4a1 t w,� F �pg a 4 Y t'9t� 11 1 80 Page 648 of 743 nil; 0, j ,�i APS, Downtown District Mtroduction Planning Challenges Planning Considerations The Vision Recommendations �llrf Iiia} !ill; Gas. SII Page 649 of 74 Intro LACtion t TThe Downtown District has been included in several planning efforts including the Federal ' ' Highway Corridor Plan, the Downtown Vision and Master Plan, and the original CRA plan adopted in 1984. It has long been the desire a '3 of the City to reinvigorate the historic center of Boynton Beach. Some progress has been made ," �E toward this goal with the development of the ; " r Casa Costa and Marina Village condominium � tk projects and the soon to be completed 500 Ocean mixed-use development.' The CRA has invested in the redevelopment of ; the Boynton Harbor Marina to create a tourism destination, preserve a working waterfront and r support the boating community. The Agency planned and constructed the Boynton Beach ` Promenade that extends from Federal Highway to the Intracoastal Waterway; the Promenade also connects to the City's Mangrove Walk Park and the Marina. _ The Downtown District is bound to the north by N.E. 7th Avenue, to the south by S.E. 12th , Avenue, to the east by Federal Highway and the Intracoastal Waterway, and to the west by the FEC Railway. The District connects via Federal' Highway and S.E. 4th Street to the secondary development node at Woolbright and Federal Highway.` Figure 40: Downtown District Location Map Downtown Boynton Beach is easily accessed via 1-95 and Boynton Beach Boulevard: the distance from 1-95 to Federal Highway is less than one mile. The City's beach at Oceanfront Park is only 1.7 miles from 1-95 or, for residents of one of the new downtown developments, a quick walk over the Ocean Avenue Bridge. The Tri-Rail Coastal Link commuter rail station is planned for the downtown at N.E. 4th Street between Ocean Avenue and Boynton Beach Boulevard. This led the City to adopt the Downtown Transit Oriented Development District, allowing for a 25% density bonus within '/z mile of the future station. 82 Page 650 of 743 pignn LIMIQu e , 25% density bonus. Unlike Delray Beach or West Palm Beach, Boynton A second consideration is that the Downtown Beach historically has only had a very small downtown District is entirely enclosed within the Transportation area. It extended from just east of Federal Highway Concurrency Exception Area (TCEA) which, in to west of Federal Highway at Ocean Avenue. There addition to the residential exception area applicable have been very few commercial buildings that could east of 1-95, exempts all development from the Palm be repurposed into restaurants and stores as Delray Beach County traffic concurrency thus allowing Beach has done. Consequently, the first CRA Plan denser development. adopted in 1984 concentrated on the downtown area (smaller than proposed in this plan) as a redevelopment priority. The existence of both of these transportation- oriented designations is a factor in considering where Some of the planning challenges are: increased height and density will occur within the CRA district. The Downtown District's location in the center of both the DTODD and the TCEA supports Lack of developable parcels — assemblage is the highest density and height within this district. • required V V • Property owners have unrealistic expectations of the value of their property` IN', • Not pedestrian friendly • No shade trees • No public parking areas and little on-street � parking • Lack of support for current redevelopment plan recommendations = • Lack of wayfinding signage • No design theme to create an identity • Limited space on Ocean Avenue to locate retail and restaurant uses EP!Aunft,Consideration j Several factors were considered in determining the land use designations for the Downtown District. First, the downtown will be the future site of the station for the planned Tri-Rail Coastal Link commuter service on the FEC Rail line, which will serve the South Florida metropolitan region. To improve land development patterns in advance of station development, the City adopted a Downtown Transit Oriented Development District (DTOD), covering a '/2 mile radius around the station's location. The DTOD district regulations support increased intensity of development through a Figure 41: Example of District Planning Challenges 83 Page 651 of 74 \ \ \ \ \ \ \ \ \ \ 84 Page 652 0 743 Vision Downtown Boynton Beach will be where people live, work and play in an environment that provides bikeable and walkable access to the beach, restaurants, transit, parks and cultural experiences. There will be areas to gather and socialize. Entrepreneurs will open new restaurants and businesses creating financial benefits to the local economy. Attractive new buildings will provide housing for people of all ages and incomes, and accommodate new shops and restaurants. Recommendations: trees c ne Streetscape enhancements are recommended for the Federal Highway corridor. The space for these enhancements may be obtained through either right-of-way dedications or public easements. The enhancements should include: • Create a Complete Street design for Federal Highway including the addition of: • On-street parking • Bike lanes z4 Enhance median with mature tree canopy (at time of planting) and landscape lighting d� • Marking of major intersections with materials such as pavers, paint, etc. Ott. • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Addition of canopy street trees • Minimum 8'wide clear sidewalk • Minimum 8'wide active use area abutting the buildings>> • Decorative light poles at both the vehicular and pedestrian scales • Enhanced street furniture, bus shelters, bike racks and receptacles ;`` • Active uses along the first floor of development • Canopy trees that provide immediate shading at time of construction • Bus shelters with unique design for the downtown district • Underground overhead utilities • Public art in key locations • Additional pedestrian crossings where needed • A greenway along SE 4th Street and Ocean Avenue connecting Pence Park and the Marina, per the Connectivity Plan • An eco-trail connecting the pedestrian zone to Mangrove Park, per the Connectivity Plan. Page 653 of 74 Recommendations: Land Use To attract new residents and businesses, the area must present a unified vision for the future. Therefore, it is recommended that the changes to the Future Land Use map be made using the new future land use/ zoning structure as shown: Table 5: Recommended Future Land Use (FLU)Classifications within the Downtown District LAND USE DENSITY CORRESPONDING ZONING DENSITY MAX CAP* HEIGHT HighDensity p { }dd'rr 9p ®may ®D .{5 45' 15 ®�-T7 I'.PUI�-,.PUD {U' TLJ Residential Mixed-Use 50 MU-2 46 65` Medium MU-3 50 75` Mix Use High 80 MU-4"" 60 100, MU Core 66 159 General ra C-4 Commercial rVa 45' Industrial rda t -1 n/,a 45' Recreation n i s Recreation n/a 45' *Properties located within the TOD may recieve a 25%density bonus c 1, S i r U- Hig=h Maar tart~ .y To �D#n&ay Bonus - Commemial wrrses,required to fon,!: I( ederal Hwy 50'Base W,Arnu , I U- Med n Max: i t: '-75" TOO Bonur. t(he6gbt I de,n0 C=ommertlail Laes.required to,lwanl edrial Hwy Building knomage,naquired on SE max;4 stares,ars a :411 street, a n Figure 42: Cultural District Example Projects 86 Page 654 of 743 A 7 � 5 s 1 r7l i z � y - yr M4(" d�+f � 4 � Il 1 �itr. tvl, °' M A Legend si t Indushnal d'yhrrt'�4�in,y o L ,v Dvp bdy 5 ppb .................................... H,yOAN,Cerimy 15du c, s°aay6 N ab "1p AJOW! R`Il 1 115 hSn' Figure 43: Recommended Land Use for the Downtown District 87 Page 655 of 74 Recommendations: Urban Dei n In order to promote an active and walkable built environment in the Downtown District, the following recommendations apply: • Active commercial uses shall be required on the street frontage of Ocean Ave.Automobile oriented uses, such as, gas stations, car washes, and drive-thrus, are prohibited. • The build-to line shall accommodate a ten foot sidewalk, mature shade trees (at install), street lights and street furniture • Buildings fronting Federal Highway, Boynton Beach Boulevard and S.E. 4th Street shall have a 60-90% window to wall ratio on the first floor. • Approximately 75% of the lot frontage must be occupied by structure and adjacent to the pedestrian zone • Buildings fronting Boynton Beach Boulevard or Federal Highway shall have a minimum height of 30' • Buildings fronting Boynton Beach Boulevard or Federal Highway shall be a maximum of 45', consistent for 30' deep. • Parking shall be located to the rear or side of the property. • Only when access is not possible from the rear or side shall curb cuts be permitted on Boynton beach Blvd or Federal Highway. • All buildings along Federal Highway must have pedestrian access from the right-of-way/sidewalks. • The main pedestrian entry, or front door, must be fronting Federal Highway. �¢ Where mixed use development is proposed adjacent residential areas, the residential areas shall be protected through the residential compatibility standards and the use of landscape buffers and/ or walls as appropriate. 1 Staff will review architectural styles and make recommendations regarding Architectural Guidelines that may enhance the character of the District. This process will include public input. , s � s s i t II r ¢ VII Figure 44: SE 4th St. Example Mixed Use Medium Project Page 656 of 743 N_ � - � �, '. � t•r�iryl tit ,.� - � Rarlxpa �}t`rs'z � �tw�iu� _ � m r•a '����< `}i t z 1 t v 'i ., i ,� xr ,� • rage f4gY °PMh 5Py"0, 51 PabOnq 4\t{ a far�v*r psl:'d r Figure 45: SE 4th St. Design Diagram 89 Page 657 of 74 1 r ��- y1�� r - �VA , A r; 1 f �{ �fx� �•� r 1,�IS,,,,y 4,a,1,t(,,lfiaii ,�,i st�4}1}1 }�ii(� 7 ;£ tr .�� ���� ,� i�,1,1, ,j � 1 - �;� m Mab J If ' I IN 14 rotrAs <t ,� t F)1512 N17 ' F tt � �i Figure 46: Downtown District Example Mixed Use High Project 90 Page 658 of 743 1 1 tit}t t 9 i 1 i a t: VF7 ii ,Ftp l� Ikof i} s ,M 1� { e 1` n t r t 9 mY 1 I ��t.'�� C g �� � 4 1s�1�1•i, _'� �� St�f�iu�i a�"� ,��'�', i('V Figure 47: Downtown District Master Plan SII Page 659 of 74 � t l 4 i s rt r! t sr s t 1 tills t �1t''�t a\3t tt i�'` 1r1 alsl£st` t£r,1#A �t r t . :t s t ��us r i e i I - � t t f { - _- � s 1 }� 92 Page 660 of 743 nil; t?t��ji�k},�Z4i\t��t11ti3ti 0, j ,�i APS, Federal Highway District Mtroduction Planning Challenges Planning Considerations The Vision Recommendations i�,,rJts �llr#f !ill; Gas. 93 Page 661 of 74 IntrodLAction The Federal Highway Corridor is approximately 2.5 miles long and runs from the north to the south City boundaries. Corridor redevelopment has been difficult, given the glut of outdated commercial buildings as well as land use and zoning generally out-of-step with the changing economic environment and current vision. In 2001, to address the blight along the Federal Highway corridor, the CRA and City adopted the Federal Highway Corridor Community Redevelopment Plan. The Plan was updated in June of 2006. The Federal Highway Corridor District benefited from redevelopment activity more than any other district. The land use changes recommended by the 2001 Plan and its update resulted in the development of 2,358 new residential units in the five new projects at the north end of Federal Highway and eight projects along the south end of the District. The CRA recently completed a capital improvement project in the area of the FEC right-of-way, on the west side of Federal Highway between the Stanley Weaver (C-16) Canal and N.E. 15th Avenue. As part of this project, new landscaping, irrigation, lighting and a new entry sign for the City were installed. This District consists of two sections, North and South. Each section extends north and south from the Downtown District, ending at the City's boundary. On the west, they are mostly bounded by the F.E.C. Railroad right-of-way; on the east, both border on the Intracoastal Waterway. The South and North sections of the District represent the main entries into the City from US Highway 1. There are two major arterial roadways in the district: Gateway Boulevard, an east-west arterial between and Federal Highway, and Federal Highway, which runs north/south through the entire CRA district. 9 l'a The district is home to two City parks: the Harvey Oyer, Jr. Park with 8.79 acres and the Intracoastal Park with 8.97 acres. Both arks provide residents with access to the Intracoastal Waterway. °.; p p Y. t, 94 Page 662 of 743 fin\ , ' a � 1, y ,�" irf ,k Boynton Beach"Blvdf ^ • �A ��s� a" k I \ S „1 = c��r,� mY lii` ��S s��=t)t14a�IPDtst. Ocean ,; �1�tf 1'E ' �� its U BT h, "' ` S s ,�ti,=, ' ;•. "1 ?� �,� +�fF..T �� '." t a k, s s �,,A �tk '�..A,m.�, � � R"_ i'stF =�'+ ,nA*� ""S�� � is °8 a�t�. v �•, t's u'� , a GateWay�BIVd ,, � �. � sigSy,v" a +� ',yv 1z VO rte+ '� ;•V fl .„ � �P ttOti�� "� ,"�, s 4Sk w:� ��i,i M'' ,`t �' ���8 � i�, t - "Hwy-� t "' 41� `� }11 �'�1�t7�1,�i��-�� .,�•�. is z c ' u� 1 k �, •es � � a r �g� b���� ` �(; _, �?r �, � s v w'- I�, s� •� n� .. � ��t -,v 1�k ��- C t etS4 ��� �.asi'�, 17 Woolbri n s )� u. f , k K ���® )t '1 1�P '� ' n=rV ` � y rd' s r kj "El r.. VS x " 'fit TA sk t a a�� i N 1h ` ol at ��4i y �4� ai d� � }\ p�Vr .. to �1 u� Manatee t ,�Vp4 kt� ... N� tk i A s G '";,' lya , _ w tl ��t- ert� ,, 1 r• Bt � a =a ,� � r n�f>, AlAMP ft x s Ci � 7� a � .`Sda0 'a 1� 7" Vs 4 � � x } �s g- a 111oaA s t 17uias s y t ti sks 1rt1 s kk'if �f a is IVILK�Jr Blvd its) �q Bim tr Pii, ,kF NErc9thrA4 I s a c Its ws s k + its}`}` a at` ts2 ��,r �rsIB 3SAi)i�k'r ,j �a, s: r( rStr � ' Y� ��' I1 o 4 sis�. trj >?• a k1 A5t}S,,k t id r N E 7thrAve n r �', t 1 SES-Mth Ave ' ii �t rst FT, 1,6,,?� WIMMOW � .•� e • One of the most challenging aspects of the north section of the District is the geographic layout t imposed b the location of the FEC Rail line y and the Intracoastal Waterway. The insufficient ''�� �,� t� V h �1 depth of land on the west side of Federal Highway makes certain areas undevelopable or71 iO, s (1�s;� slt}�zit , pf r at least difficult to develop. On the east side of Federal Highway, the depth of commercial lots is also inadequate to build anything that is responsive to the market. Land assemblage is required to create a developable site; moreover, there are only a few vacant parcels. �+ t Ijli�ll';ii ti its�11U)r ts��r„ lf �ts Among numerous outdated commercial buildings, some are vacant and many under maintained. Additionally, many of the uses are not compatible with the vision of the Plan or with the adjacent residential neighborhoods. � 1U� i n - , � t Another predominant feature that is creating visual blight is the abundance of overhead ' „ utilities. Old utility poles often remain after } new poles are installed, taking up precious sidewalk space. The sidewalks are too narrow to allow two people to walk side-by-side or to accommodate the installation of mature shade trees and decorative streetlights. There are insufficient bus shelters along Federal Figure 50: Example of District Planning Challenges Highway, even though Route 1 is one of the most used of all the Palm Tran routes. Due to the scale of Federal Highway, the buildings and uses have been oriented to the automobile. There is little in the design of the road, sidewalks or buildings that would encourage biking or walking as an alternative to driving. The drive lanes of Federal Highway are 12'wide, encouraging speeding adjacent to the sidewalk. A major challenge to redevelopment in the area of Federal Highway is the lack of developable parcels. 96 Page 664 of 743 EpIgnnft,Consideration There are several additional factors to consider for The return of passenger service to the F.E.C. redevelopment recommendations along the corridor. Railroad as part of the Coastal Link project will also serve as an attraction to downtown living and The first one is a close proximity to the waterfront working as the City redevelops. A portion of both including direct access to the barrier island and segments of the corridor is within the Downtown Transit Oriented Development District. The entire oceanfront recreation areas as well as direct access to corridor, future train station and the existing Tri-Rail the Intracoastal Waterway through three public parks located at each end of the corridor. However, it also Station is accessible via a short bus ride on one of makes the District vulnerable to flooding from high-tide the County's most ridden Route #1. events, storm surge, stormwater runoff and, eventually, the related impacts of sea level rise. Areas along the east side of the corridor are especially susceptible to flood damage, with large sections both north and south under FEMA-designated Special Flood Hazard Area (SFHA) and storm surge zones extending west past Federal Highway. Portions of these areas are also within evacuation zones for category 3 and 4 hurricanes. �4 Both the north and south parts of the District overlap with the Comprehensive Plan's Coastal Management ,,,( area, and therefore are subject of all its policies. The main focus of these policies is flood prevention and mitigation, including policies regarding certain ' uses, development intensity increases and public infrastructure improvements in areas most prone to flooding. All have to be taken into consideration inr redevelopment decisions, striking a balance between people's desire to live on the water and the need to reduce threat to life and property from natural hazards. At the same time, the policies strongly encourage that public waterfront access be a part of all waterfront development. 97 Page 665 of 74 \ \ \ \ \ \ \ \ \ \ 98 Page 666 0 743 Vision The Federal Highway Corridor shall serve as a major point of entry into the City and the downtown from both the north and south direction. There shall be a mix of uses that front the road, improve and activate the area. The streetscape will encourage biking and walking by providing shade, attractive lighting and a sense of safety. The single-family neighborhoods will experience an increase in value and become more attractive to buyers. Recommendations: Strep.tqgarnp. Streetscape enhancements are recommended for the Federal Highway corridor. The space for these enhancements may be obtained through either right-of-way dedications or public easements and should include: • Create a Complete Street design for Federal Highway including the addition of: • On-street parking • Bike lanes • Enhance median with mature tree canopy (at time of planting) and landscape lighting = • Marking of major intersections with materials such as pavers, paint, etc. • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes:` • Addition of canopy street trees • Minimum 8' wide clear sidewalk �l • Decorative light poles at both the vehicular and pedestrian scales ��� • Require installation of canopy trees that provide immediate shading at time of construction i;} • Underground overhead utilities • Provide additional pedestrian crossings where needed • Create a greenway along SE 4th Street per the Connectivity Plan 99 Page 667 of 74 Recommendations: Land Use To encourage land assemblage for redevelopment of the corridor, the Plan recommends the application of the newly created future land use classification (Mixed-Use Low with a density of 20 units per acre) and zoning district (Mixed-Use 1 zoning with a 45' height limitation).This new land use designation will allow flexibility to develop retail and residential or retail and office uses, allowing the market to determine the best mix. The Mixed-Use Low would apply to the Federal Highway frontage and to Gateway Boulevard at the Federal Highway Intersection. Currently there is commercial land use at this location; however, it is in need of upgrading. Compatibility ordinances will be utilized to minimize impacts of commercial uses on adjacent residential neighborhoods. To allow for growth within the CRA and the City, it is recommended that the new mixed-use zoning category—Mixed-Use High 4 with a density of 60 units per acre and 100' height limitation—be applied at the four corners of Woolbright and Federal Highway. Below is a table of the proposed land use and zoning designations that will apply along the Federal Highway corridor: Table_6: Recommended Future Land Use(FLU)Classifications within the Fedeal District CAP* 4 IGHT mixed-Use i 4, MU Care 1 1W-I$0, I Mix d ) MIS-Z -3 6$'-7$' 3Medkm uU I��d �� �L��t ����� a�, ��-� ----------------------- „ ' ,ter 20 't3 _1H fg—h � gI l Z4$' } � id11t H11gh,, [,e shy– _ R tl� it-Pl e ______ _ d 4jnft 11 R1 JO ll,Planned Unit' 1 t 1 tr g1 r, R I,AkA, 1 R WAA, . � ide il�t r R 1A,H-1', IVO Rec red114 + rva . n Properties located within the TOD may recieve a 25%density bonus 819 Mbtsd Use–Ih ana,,,'_...................... ana,,,an ana,,,an ana,,,au, � 1fiqX 4R re tom: Law 45- 20 ar." r'ne�;�tmi•Nm4aM tmm'--R,A.'�t"�Ogi U— Lr� 1 Figure 51: Federal Highway(North) District Example Figure 52: Federal Highway(South) District Example Projects Projects 00 Page 668 of 743 Legond IN duvl` y 1.a �sR',-A U riv mw - i r x� _ nn t k 'R to § f 4 s t 3 t a i x y r Figure 53: Recommended Land Use for the Federal Figure 54: Recommended Land Use for the Federal Highway(North) District Highway(South) District 0II Page 669 of 74 Urban Design The following urban design guidelines are recommended for the Federal Highway north district: • The buildings shall be set back to accommodate on-street parking and the Pedestrian Zone. • All overhead utilities shall be installed underground. • For buildings incorporating commercial uses, these uses must front Federal Highway and shall maximize glazing facades visible from rights-of-ways. • Approximately 75% of the lot frontage must be occupied by structure and be adjacent to the pedestrian zone. • Buildings fronting Federal Highway shall have a minimum height of 30' • Buildings fronting Federal Highway shall be a maximum of 45', consistent for 30' deep. • Parking shall be located to the rear or side of the property. MU-L Land Uses are permitted to have one (single loaded) row of parking in front of the structure. • Curb cuts shall be permitted on Federal Highway only when access is not possible from the rear or side. • Adjacent single-family areas shall be protected through the use of landscape buffers and/or walls as appropriate. Building roofs shall have vertical breaks to prevent long unbroken spans. • Building facades shall be articulated with plane changes at least one foot deep with changes in color texture and material. All buildings along Federal Highway must have pedestrian access from the right-of-way/sidewalks. t, • The main pedestrian entry, or front door, must be fronting Federal Highway. 02 Page 670 of 743 ft „ 'illI s{t 1 t Y* ?s ! i � rl ,n P 4 s q l zklk 1 15 `1�114as �ills N Figure 55: Example High Density Residential Project �llr{t it t� !ill; — +1 t it 1�ti17 � fl ltl rs4yi4''1 1 rises _ ai ..A V 4�A x N�l I {ll �1V j ( 1 �ll�l1��`lt�r� t{� lCt 1t t,",h N sl+�I�t�{�������li l 'Fl1s��� +�>s1t - l {`- „ZVS . .�.t I.sS, ,�;Ss31lttti ��IL, >.a 1x l3ih " Figure 56: Example Mixed Use Low Project 03 Page 671 of 74 ti{`},z t ;r t - ,2}(� - �'' - Stilitii{ - nty+, � t � 1 1i, s {s41J�s�S\r t t sVV � S���iv2t s}I�11, � - s n � Ana d e , t — n n u t ft � itT to 3r r i gi i1 r r t E r t z r, s ' 04 Page 672 of 743 nil; 0, j �trr or ,�0, Heart of Boynton Aff District Mtroduction Planning Challenges #3rz4 Planning Considerations it cjJrf The Vision Recommendations 111`' Gr,r. 05 Page 673 of 74 IntrodLAction C. Stanley Weaver (C-Canal) canal to the north, 1-95 to the west, N.E. 3rd Avenue to the south and the The Heart of Boynton District is a 380-acre FEC rail line to the east. The area is within walking neighborhood developed predominantly with distance of the Cultural and Downtown Districts. single-family homes. The neighborhood has several parks, two public schools and numerous A major arterial road—Seacrest Boulevard—runs churches. Unfortunately, it has been the victim through the neighborhood north/south. Martin Luther of disinvestment over the last 50 years. The two King, Jr. Boulevard, once lined with locally-owned Census blocks of Tract 61 which encompasses businesses, runs east/west. this District have the median household income of$20,848, the lowest in the City. There are two public elementary schools in the neighborhood, Poinciana and Galaxy. Both schools To counterthe decline of the neighborhood,in 2001 are STEM schools(Science,Technology, Engineering the CRA and City adopted the Heart of Boynton and Math). Community Redevelopment Plan. The Plan was updated in 2014 to reflect the achievements of the There are a number of parks and special use areas original plan and add new projects to reflect the within the neighborhood, such as, Carolyn Sims current market conditions. Community Center, Galaxy Park and Scrub and Sara Sims Park. A number of recommendations of the original CRA Plan have been implemented, including: ' The demolition of the Cherry Hill public }t` housing project �f The redevelopment of the Boynton Terrace #� site–Ocean Breeze West– into 21 single- family homes • Redevelopment of Wilson Park and into Carolyn Sims Community Center • Expansion of the Palmetto Greens Park • Redevelopment of Sara Sims Park – Master Plan created, property acquired • Streetscape Improvements on Seacrest Boulevard • Redevelopment of Martin Luther King, Jr. Boulevard – Property acquired and Family Dollar developed • Development of new housing – 60 new single family homes developed In partnership with nonprofits, the City and CRA. The Heart of Boynton District is bounded by the I06 Page 674 of 743 74' �rsl f As t \ -.Jx � V„ v_� ) F}�� U ,� t F'r:•�k� 4.����r), y r ar�l�,if a ��"J�- w xs �, � ( 1y i�- �Z}rFI: VON qu t`� r�i! Nya 16h AvP.,_ t i iJ�f a !� l, - � !� x s Y��y� � "� �'�d�qp��(31,�a,,,,,iV •i � w a � `st r Sa' 6 �ti., � sry� i4 rN, v t ?rMLKJr Blvd: ttgp tt A,%T" , P� aw - h� 4 11! ��, � , �v �; imU9Wh Ave , , , I ( tl. h� W 6t "OSh ` wtt .s,r tv a trt� b� {int V � t„4 w,,`�' dt3� t� r�i), �f � ; < <”� ` r� i v{t," � �. 3'�t+4tt�� ,�� �#s e �% s 1.} � rz a � �F' �v Rj rte ' .•- • • The Heart of Boynton area suffers from an aging the neighborhood; clearly, the road is not presently and poorly maintained housing stock. The CRA designed at a neighborhood scale. and City, in partnership with local non-profits, continue to develop single-family homes, but Both Seacrest Boulevard and Martin Luther King, Jr. there is a need for quality affordable multi-family Boulevard have older, ill-maintained power poles with rental housing. The problem is that—given low overhead utilities, causing a "visual blight." median household incomes—it cost more to build even modest apartments than many of the p families can afford. This gap will has to be filled t through some form of a subsidy. Another major deterrent to private investment is the visible blight and crime. There are still a number of small convenience stores that r rs allow loitering and illegal activities for all to see, ta discouraging people to buy homes or invest in } F r4 businesses within the area. �� �' A " z5� r The District is comprised of small parcels plattedRN "; in the 1920's – 1930's during Florida's land Figure 58: Example of District Planning Challenges r� h;I'M boom. The parcels are owned by many different people making assembly of a developable site {{ very difficult and expensive. Moreover, many owners have an unrealistic sense of the value of their property. Over the years, the neighborhood has lost most of their retailers and service providers. There is no full service grocery store and only one take- out restaurant. The majority of commercial use is represented by convenience stores. A new Family Dollar store at the corner of Martin Luther King, Jr. Boulevard and Seacrest Boulevard has been a welcome addition, but there is a need for more retail services. The neighborhood is bifurcated by a four- lane Seacrest Boulevard, which has only one signalized pedestrian crossing even though there are two elementary schools in the neighborhood. The width of the road and drive aisles encourage speeding through I08 Page 676 of 743 EpIgnnft,Consideration Several factors were considered in determining the Historic District. There are a significant number of land use designations for the Heart of Boynton District. historic cottages located along both sides of NE A future commuter rail station for the planned Tri- 3rd Avenue and the south side of NE 4th Avenue Rail Coastal Link service, which will serve the South between N. Seacrest Boulevard and NE 1st Street. Florida metropolitan region, is planned for downtown at In order to protect these cottages while allowing N.E. 4th between Ocean Avenue and Boynton Beach commercial redevelopment of the south side of NE Boulevard. To improve land development patterns 3rd Avenue, the Plan recommends that: in advance of station development, the City adopted a Downtown Transit Oriented Development District The historic cottages from the south side of (DTOD), covering a %2 mile radius around the station's NE 3rd Avenue be relocated to the vacant location, including a portion of the Heart of Boynton.The lots on the north side of NE 3rd Avenue. DTOD district regulations support increased intensity of development through a 25% density bonus. On completion of the relocations, a historic district, tentatively called Shepard Funk A second consideration is the Transportation Addition Historic Cottage District, be created r. R",4 Concurrency Exception Area (TCEA)which, in addition within the block enclosed by N. Seacrest to the residential exception area applicable east of 1-95, Boulevard, NE 1st Street, NE 3rd Avenue, exempts all development from the Palm Beach Count p p Y and NE 4th Avenue. S�Z traffic concurrency requirements thus allowing denser development. The Plan recommends increasing density within the area where the TCEA and TOD designationsr overlap. However, because this District is a low- scale neighborhood, no increase in height over 45' is recommended. Figure 59: Planning Consideration Examples 09 Page 677 of 74 Vision The Heart of Boynton area will become a model neighborhood, with its unique character and history preserved. The vision includes enriching the original vernacular architecture of the neighborhood, investing in housing and commercial uses, and connecting both through the pedestrian and vehicular networks. Recommendations: tr t n Streetscape enhancements are recommended for the Seacrest Blvd and Martin Luther King Jr. Blvd. The space for these enhancements may be obtained through either right-of-way dedications or public easements. The enhancements should include: • Implement a Complete Streets program for Seacrest Boulevard and ML K Jr. Boulevard to accommodate bike lanes and bike racks, widening of sidewalks, decorative street lights, street furniture, and on-street parking. • Marking of major intersections with materials such as pavers, paint, etc. • Enhanced median landscaping • Bus shelters (will be required as part of new construction) • Additional signalized pedestrian crossings (including mid-block) along Seacrest BoulevardAddition of canopy street trees Creation of a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: }` Minimum 8' wide clear sidewalk TO Decorative light poles at both the vehicular and pedestrian scales • Require installation of canopy trees that provide immediate shading at time of construction • Underground of overhead utilities • Creation of a greenway to connect the greenway proposed along NW 1 stAvenue, Sara Sims Park, and Wilson Park per the Connectivity Plan • Creation of an eco-trail to connect the existing scrub and linear parks per the Connectivity Plan 0 Page 678 of 743 a i 1 ' 1 u t I > s del Figure 60. Seacrest Blvd Streetscape Area Figure 6 L JR. Iv treetscape rea } L gm RK Ghs. i 1 5 1 s n`�s,«aua«a«assuw a^^^^e ,� �)"i � � •n � � �' _ � — ....m,w.9 Figure 62: MLK JR. Blvd. Street Section Page 679 of 74 Recommendations: Land Use The existing land use designations within the Heart of Boynton District are: • Low Density Residential —5 units per acre (all of this land use designation is concentrated on the west side of Seacrest Boulevard. • Medium Density Residential — 10 units per acre (this land use designation is concentrated on the east side of Seacrest Boulevard) • High Density Residential — 11 units per acre (currently over the Ocean Breeze West development and along W. Seacrest from N.W. 8th to N.W. 9th) • Mixed-Use — 40 units per acre (this land use designation is placed on the CRA-owned Ocean Breeze East block and on CRA-owned property along MLK, Jr. Boulevard) • Local Retail Commercial, General Commercial, Industrial, Recreational, and Public & Private Governmental/Institutional Below is a table of the proposed land use and zoning designations that will apply within the Federal Highway Corridor District: Table 7: Recommended Future Land Use (FLU)Classifications within the Heart of Boynton District 1�* �......................... 0LN$1l'Y T AAX LAND U I" [,JILNSI TY COR�fr2LN[AuGNIN ' CAP H�;EGHT u .a, 50 M(,1=- , MU-13 50 7151, Mie (1N h M 061 '9,0 445 � ighr forty — - 15 R4 I PUD 15 4 Med"s '11 Qertsmty11 R3, [PUDCiel rTrmcl,al 4,� ,,tq R r1ha 45' rro�rn�� or l WA 5" Ira�I Gr 1141' M..1 VIM 4F)" Ni ii f1s )+i rV 4 Properties located within the TOD may recieve a 25%density bonus I2 Page 680 of 743 Figure 63: Recommended Land Use for the Heart of Boynton District I � ZA 1 , ire `ni',� •,G ,k„ `,'+2� � � - , :�-: „ , �Iran ,�,r m i�t�"�a,) .1'i i �,.nhe,i �1.'r c�, i , ; �, _, �� i p f, Y • 2 1 > � t , iii s� %�N\1l\t r a 14 0 i fslT`� 1��5 �,K94N I�,.&�d1�llLd'�y�,CB�Ytl`C�iw a •� :teewi;S,a."int; ����Iq,9-.aye�..4•� ai.�cm,. a��{� 1.w,,Moem i4 a.arrt e fig, a��6r a� ��•�v���a.. Page 681 of 74 Recommendations: roan Dgqmn • There are three architectural styles of historic structures in the Heart of Boynton: Mission, Frame Vernacular, and Mediterranean Revival. When building in this District, new development shall attempt to utilize one of these architectural styles. • A Historic Cottage District should be considered adjacent to the proposed Cottage District; where feasible, historically contributing cottages in the area shall be relocated in the Historic Cottage District. • Commercial buildings fronting MLK Jr., Boulevard and/or Seacrest Boulevard shall maximize the amount of glazing. • Residential buildings fronting MLK Jr., Boulevard and/or Seacrest Boulevard shall be designed to have pedestrian access from the main road and have front door facing the main road. • All buildings along MLK Jr., Boulevard and/or Seacrest Boulevard shall be set back to allow for a pedestrian zone. • Approximately 75%of the lot frontage must be occupied by structure and be adjacent to the pedestrian zone. • Buildings fronting MLK Jr., Boulevard shall be a maximum of two story and stepped back to continue to the maximum allowed height in the designated Zoning District. • Parking shall be located to the rear or side of the buildings r„ 't{ Curb cuts shall be permitted on Boynton Beach Blvd only when access is not possible from the rear `` } or side. c f1, When adjacent to commercial uses, single-family areas shall be protected through the use of landscape buffers and/or walls as appropriate. t, Figure 64: Heart of Boynton Projects Corn in Orc!a 11 v Multifamily _ `.. . . I t Ocean Breeze ;u East 1-, P� District— ProposedHistorica Cottage District Y�iPed idi t S i E � L• V { Page 682 of 743 Sara Sims Park Expansion Working with residents of the community,the CRAand its consultant created a master plan for the expansion and improvement of Sara Sims Park. The CRA has also purchased seven properties and deeded them b ' v s to the City in pp p preparation for the eventual expansion ffl�� � $ � � � r,� � 1`����t s��§%�1���t��1si, of the park. tall will review the feasibility of converting . mar a portion of Sara Sims Park Master Plan, along they t r western boundary, from Recreational Land Use to �' :, �� �� � , Single Family. This process shall include a public ' ars ?� r meeting, the Parks and Recreation Board review and recommendation, and Clty Commision approval. Figure 65: Sara Sims Expansion Ocean Breeze East ,, The CRA owns 4.5 acres of vacant land east of Seacrest Boulevard between N.E. 6th and 7th Avenues. The CRA is seeking a private development y�4 partner to build a multi-family project on the site. Cottage District Figure 66: Ocean Breeze East The CRA owns approximately 5 acres on the block g between N.E. 4th and 5th Avenue. The CRA's goal \sc; with this site is to attract a private development �r(' partner to build single-family for-sale homes in the . style of the surrounding historic cottages. MILK Commercial Leveraging CRA-owned land and economic development grants, the CRA was able to bring r a Family Dollar store to the Martin Luther King, Jr. Boulevard corridor in 2015. The CRA owns ' F additional land on the corridor and continues to Figure 67: Cottage District work with developers to attract new and needed neighborhood retail. MILK Multi Family Utilizing CRA-owned land, the CRA is seeking to attract a private development partner to build a multi- family development along the Martin Luther King, Jr. Boulevard corridor. The development may include commercial uses. Page 683 of 74 ' t t ,.x s i fl - � S«.�)nt�ti)ijsr�,i�,1}�s ,,,,,,it s,ast.��'al s�vk- - ys t?} `�ik S»au>� �d a*r�au���•� ���:;51ulrYh�,wfs�tssn*�tSu r4tust�`t�s+nirr-"ir. r}Ji, ss'jr t t ' e Figure 68: Example MLK Commercial Project Page 684 of 743 - ��� c 4 I s .z � t } E t `� 1 . .f 1 1t1z4 k `t I; t vv !ill; Figure 69: Example MLK Multi Family Project +° (tJ;} Page 685 of 74 I t' rI3 Ilium 1;t c f1� e1 r 6 a - i Page 686 of 743 nil; 0, j �4�t or>�,>0 Industrial Craft District Mtroduction Planning Challenges Planning Considerations The Vision Recommendations !ill; Gas. Page 687 of 74 Intro LACtion Prior to this Plan, the Industrial Craft District has never been included as part of a Community Redevelopment Plan. The 49 acre area ist entirely comprised of industrial uses; however, there is a burgeoning arts scene utilizing some 5 � i of the existing warehouses for art studios. It is the goal of the CRA and City to make necessary investments to the Industrial District to ensure its economic sustainability. ((�� 1 1 .4I .It The Industrial Craft District is located in the westernmost area of the CRA district, bordered to the east by 1-95, to the south by Boynton Beach Boulevard, to the west by West Industrial Avenue, and to the north by the C. Stanley Weaver canal. �'' t � � , �re�it �4 The area directly to the west of the District is a single-family neighborhood, with minimal its buffering against the industrial uses of they it District. �( 1 "{ t 0'4� R ' t 47 Figure 70: Industrial Craft District Location Map I20 Page 688 of 743 PNar»No N� NNr» ea, While there are some newer buildings interspersed the types of businesses that would represent a throughout the District, it is an area of older warehouses successful symbiotic relationship between the build in the 1960' — 1970's. Many of the buildings have industrial and art worlds. not been upgraded and are not well maintained. The location of this District is an important The area has easy access from both 1-95 and Boynton consideration given its partial visibility from 1-95 and Beach Boulevard, yet there is little visibility from either ideal access from all directions. (High traffic counts roadway; there is no signage identifying the District. on Boynton Beach Boulevard and 1-95 interchange have warranted the State DOT to plan for a major Some of the business use the public right-of way along expansion.)There is the opportunity for very visible the roads to store broken equipment, causing the area wayfinding signage and branding. to appear uncared for. As the businesses lack parking, the right-of-ways are also used for staff and customer As indicated above, an arts district has emerged parking, and vehicles storage. Also, most of the area in this industrial area; this happened in many other z4 has no sidewalks, forcing pedestrians to walk in the cities where local artists sought affordable rent in R", street. Moreover, there is insufficient street lighting, older warehouse neighborhoods. Negative aspects �Im` notwithstanding, making the area feel unsafe in the evening. g, an arts district can contribute toward the City's image and local cultural tourism, as The emerging art district, while being an opportunity, is well as motivate investment in public infrastructure g g g also a challenge. Current Zoning Regulations allow for that the area needs. artists' studios in industrial areas, but do not permit art N;} galleries, which would enable the District to evolve into a unique industrial crafts hub.Additionally, as described ISE Via`` above, the area lacks infrastructure necessary to safely accommodate the public events. Lastly, although N the art production (i.e. involving industrial materials and processes) may qualify as industrial use by TWIT current ZoningRegulations, the art district represents 9 p competition for space that the City may intend to 01 reserve for the more traditional industrial businesses that would support the tax base, employment and other economic objectives of the City's Economic Development Program. The City's plan for preserving l , and expanding lands available for such uses may 2t' r� warrant the establishment of a boundary intended to N " limit the expansion of the arts district. i jEanninq Considerations � �w Principal considerations in evaluating the redevelopment potential and vision for this District Figure 71: Examples of District Planning Challenges include its location, the relatively new art district, and I2II Page 689 of 74 Vision The goal of this Plan is to ensure the development of the Industrial Craft District as a viable, modern industrial crafts district that will accommodate a range of uses and businesses while providing economic benefits for the City. Recommendations: Land Use The existing Future Land Use Classification within the jlltru§15j({uyii�>�i} {j'�Zi,Sj,` �s\ 1 District is Industrial; no changes to the Land Use are �� 'vvi , (11��w};��,j�'„�b1���i,v1(��t�l{},���' �`{�yvv,�111t�y(' 1 lyi } v'V}91i�{t}t45t j illlv'�2j1�11�{��a(fii{t,l n'{�irA� {' recommended. The permitted ermitted uses shall be expanded to include new uses that would complement promote the unique character of the district. Introducing flexibility y code reintotheCit dlative to permitted ill p ermuses w vvtltV1 t`v1 lj�ltty�lu'�aS'���1iy�,nv�,Vy���'vty� z`t��' t `- help to attract young entrepreneurs. (rj 1{{t ( �vs,(�l,jtty��y1 Itvv�tt, }vt { v1��` �� sttd�� sUtt t vAV���1ii ti0�t{tv� fVi)1)}i � r ls�ttttt' � {9n ( a i i V1 f1 tits 1 t t � 1 t}�; 1 i t�! }tV}h shy ti is VAI t1Vt{C'i V1(i {�6`f: \ hi 1�yiyi(\l e � ,ts�su 1jr ttiili�`t«t i£rt\NUE jsy�s i yA l(1} � w 1»� p1 �( 3l;sy,}u i\v1,t� 1Alt{'{vv`t�ytl 1ji}tj�rud ��((xsn � y1 - ” '� 11 sr�it)1fy t( yyt1�1A(si,�1 it It1 � t„� 1D � 4 i(t S',40}�, tS \�?'14�}V�1`s1�1yt\t\5v\j ' �1 �� p� �-•. I 1, {via11M1ty� rt � ts�il(4�s1t�t21r\li(\\ i, i-yt!}tA'\Q)i{ �1)1,lvAY,1,y} ;�ttv1�1ViS112 '11II{''yl��ltvjv\�i11\}�� " � V(\t,Os4t q i sl r3 S1 idvSl�ii`(V} �fiysjt((,g1�\sS1�y �111�i IR i yst!\tu ,i,\ (L ��ey\s'1iA S15£Sv'1'\��� i�t slyRy t s 1s fi�111�� i VAy4 tis) 11�(y r� O�;t r)I ySO� • 1 sr i �V111y y 1 {t,y2111(t ( l ?�' � r f «sr (Allvlt tsr ��(�\ ti'(��(((frSsy)�t t t hjtM 7714y11 � ( y�. A�41,t is a I11j tu11 ;h yS�j3yi,�s� 7�� �{(�9t11t1r �Iti�11�� S `iI 0 ' ( t \\V(s�� Figure 72: Industrial Craft District Future Land Use 22 Page 690 of 743 Recommendations: StrP.P.tqr,arnP. Streetscape enhancements: • Create branding elements including entry and wayfinding signage • Review LDRs for revisions to the sign code to allow for signage to be visible from 1-95 • Installation of public art at Boynton Beach Boulevard • Landscaping enhancements • Installation and repair of sidewalks • Addition of on-street parking • Installation and enhancement of vehicular and pedestrian lighting • Construction of buffer wall between the single-family neighborhood and industrial area r,+ �4 z Protect adjacent neighborhood • Enhance buffer wall & ;3 landscaping t} li71' Enhance 1-95 visibility Gj s' • Review signage regulation • A11nw Aria-iitinnAl himinhf At 1--1 ri ` s Entrance nhanc me t • Signage • Unique bras stop shelter • Public art location Figure 73: District Enhancements 23 Page 691 of 74 � \ � ( 7�7 \ \ : \ } . . . . \ \ «g & 1 O'Swale l«Qdlet Parking 1zp&& Figure 7: E ample West Industrial Ave. Se±on 24 Page 692 0 743 �S 14'%rri;t; is tf' r,q §1 G£`S Figure 75: Example West Industrial Ave. Buffer Wall and Pedestrian improvements I25 Page 693 of 74 {} ^�\ r� ��1 +� '}ƒ 26 Page 694 0 743 EXHIBIT D VACANT PARCELS CLASSIFIED LOW DENSITY RESIDENTIAL FLU 'aStrat n Ln a ® c1 � .. s A_ 3 Z 1 EL1 O �1 �:r � Knol wZod R�d a Miner Rd NE 26th Ave 1 Smith 124+r 1' Quantum Blvd « H ISI-FIJI � Glatewayl Bwd I Royal Manor Blvd W - Oak St , j _"MINIM a Blvd NE 15th Ave ¢. Park Ridg _ "mom=.�\ 04 North-Rd j O ■ MIZI W Boynton Beach Blvd Z Z f� +• E Ocean Ave\r � g ®� Ocean Dr ih a H :SW c Stonehaven Dr, Dr SW grecs Blvd s M rn N Riviera f I Woolbnght r Main Blvd . 1 to� : �►� y " SW 194hAve _ � Z � (A_� > SW 23rd Ave we ��' W ANN' O . ,� y LU) Elio _ SW LL 27th Ave - ' o N SE 28th Ct u n n n u u u 11 SE 31 st Ave in 01 O`'e: N m o a, q3 w rt�. W--*- �` N N S 00 0 6251,250 2,500 3,750 5,0 Feet IL limimII IImi in ri111111M11 IIr11m11 1111 1- Page 695 of 7, 13.B. LEGAL 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: BENNIE ROBINSON, Plaintiff, vs. JUSTIN HARRIS, individually, and the CITY OF BOYNTON BEACH, A Florida Municipal Corporation, Defendants. - UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA - Case No. 9:16-cv 81572-CIV- MARRA/MATTHEW MAN EXPLANATION OF REQUEST: The Assistant City Attorney, Tracey DeCarlo, will be in attendance along with City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 30 minutes. The time and date of the private attorney-client session will be scheduled at the July 18, 2017 City Commission meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted The cost of a court reporter ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 696 of 743 ATTACHMENTS: Type Description D Memo Memo request Attorney-Client Closed Door session REVIEWERS: Department Reviewer Action Date Legal Swanson, Lynn Approved 7/3/2017® 2:49 PM Finance Howard, Tim Approved 7/7/2017® 1:45 PM City Manager LaVerriere, Lori Approved 7/14/2017® 9:33 AM Page 697 of 743 CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Honorable Mayor and City Commission Lori LaVerriere, City Manager FROM: James A. Cherof, City Attorney DATE: July 3, 2017 RE: Request for Private Attorney-Client Session Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: BENNIE ROBINSON, Plaintiff, vs. JUSTIN HARRIS, individually, and the CITY OF BOYNTON BEACH, A Florida Municipal Corporation, Defendants. - UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA - Case No. 9:16-cv-81572-CIV- MARRA/MATTHEWMAN Assistant City Attorney Tracey DeCarlo will be in attendance along with City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 30 minutes. The time and date of this private attorney-client session will be scheduled at the July 18, 2017 City Commission meeting. C:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\2F41DC90-662A-48D6-83E0-19AA28F91185\Boynton Beach.5855.1.Request_For_Ex_Session_-_(Robinson).Doc Page 698 of 743 13.C. LEGAL 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-017 - SECOND READING - Approve the abandonment of an existing 12 ft. utility easement within the former Verzaal (landscape) Nursery Parcel located on Flavor Pict Road west of Military Trail. EXPLANATION OF REQUEST: This parcel is being acquired to be utilized for the proposed construction of Phase- I I Flavor Pict Townhomes Development. The developer has dedicated separate City of Boynton Beach Utility easements associated with the adjacent Phase- I Townhome property as part of their Recorded Plat. The proposed Phase I I utility easements will be dedicated in the same manner. The construction of Phase I I Flavor Pict Townhome development will be adjacent and contiguous to the east side of the Phase I development located on Flavor Pict Road. The City of Boynton Beach currently has a 12 ft. wide utility easement on the abandoned nursery parcel (see attachment). The developer has obtained permission form the nursery property owner to abandon the easement. The easement contains an existing water main that served the former nursery property. The developer as part of the development review and platting process will agree to grant the needed City of Boynton Beach utility easements on Phase I I similar to what was dedicated on the Phase I development. In addition, the developer will be responsible for abandoning and removing the existing water service line within the 12-ft wide utility easement in accordance with Boynton Beach Utility Standards. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The abandonment of this easement and abandoned of the water service main will have no effect on our existing utility operations FISCAL IMPACT: There is no fiscal impact to the City. ALTERNATIVES: Deny the request for abandonment of the easement, impacting future higher use development on vacant nursery parcel STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 699 of 743 Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance abandoning 12 foot utility easement Landscape nursery D Addendum Exhibit A to Ordinance 12-wide easement description D Addendum Authorizing letter from Owner of Nursary to Caulfield & Wheeler D Addendum Authorizing letter from Developer to Caulfield & W heeler D Addendum PBC Apraiser map of Nursary Property D Addendum Flavor Piet Townhome Phase I Plat D Addendum Proposed Townhome site plan showing PH I and H11 REVIEWERS: Department Reviewer Action Date Utilities Stanzione, Tammy Approved 7/11/2017® 8:55 AM Page 700 of 743 1 ORDINANCE NO. 17- 2 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 6 FLORIDA, AUTHORIZING ABANDONMENT OF AN 7 EXISTING 12 FOOT WIDE UTILITY EASEMENT WITHIN 8 THE FORMER VERZAAL (LANDSCAPE) NURSERY PARCEL 9 LOCATED ON FLAVOR PICT ROAD WEST OF MILITARY 10 TRAIL, SUBJECT TO STAFF COMMENTS; AUTHORIZING 11 THE CITY MANAGER TO EXECUTE A DISCLAIMER, 12 WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN 13 THE PUBLIC RECORDS OF PALM BEACH COUNTY, 14 FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 15 16 WHEREAS, the owner/developer, is requesting the abandonment of an existing 17 12 foot wide utility easement recorded January 20, 1998, in ORB 10870, Page 1891 of the 18 Public Records of Palm Beach County; and 19 20 WHEREAS, the parcel is being acquired to be utilized for the purpose of Phase 11 21 Flavor Pict Townhomes Development; and 22 23 WHEREAS, the developer has dedicated separate City of Boynton Beach Utility 24 easements associated with adjacent Phase - I Townhome property as part of their 25 recorded Plat and the Phase — II utility easements will be dedicated in the same manner; 26 and 27 28 WHEREAS, comments have been solicited from the appropriate City 29 Departments, and public hearings have been held before the City Commission on the 30 proposed abandonment; and 31 32 WHEREAS, staff finds that the utility easement no longer serves a public 33 purpose, and the City Commission adopts that finding. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 36 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 37 38 Section 1. The foregoing Whereas clauses are true and correct and 39 incorporated herein by this reference. 40 41 Section 2. The City Commission of the City of Boynton Beach, Florida, does 42 hereby abandon an existing 12 foot wide utility easement recorded January 20, 1998, in 43 ORB 10870, Page 1891 of the Public Records of Palm Beach County, subject to staff 44 comments. The property being abandoned is more particularly described as follows: 45 46 See Exhibit"A" attached hereto. 47 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\502E0623-2328-42FD-BBAD-4B431 E31022F\Boynton Beach.5744.1.Abandon_12_foot_Utility_Easement_landscape_nursery_- Ordinance.doc Page 701 of 743 48 49 Section 3. The City Manager is hereby authorized and directed to execute the 50 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 51 Records of Palm Beach County, Florida. 52 53 Section 4. This Ordinance shall take effect immediately upon passage. 54 55 FIRST READING this day of , 2017. 56 57 SECOND, FINAL READING AND PASSAGE THIS day of 58 2017. 59 60 CITY OF BOYNTON BEACH, FLORIDA 61 62 YES NO 63 64 Mayor— Steven B. Grant 65 66 Vice Mayor—Justin Katz 67 68 Commissioner—Mack McCray 69 70 Commissioner—Christina L. Romelus 71 72 Commissioner—Joe Casello 73 74 VOTE 75 ATTEST: 76 77 78 79 Judith A. Pyle, CMC 80 City Clerk 81 82 83 (Corporate Seal) CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\502E0623-2328-42FD-BBAD-4B431 E31022F\Boynton Beach.5744.1.Abandon_12_foot_Utility_Easement_landscape_nursery_- Ordinance.doc Page 702 of 743 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon an existing utility easement recorded January 20, 1998, in ORB 10870, Page 1891 of the Public Records of Palm Beach County, subject to staff comments. The property being abandoned is more particularly described as follows: See Exhibit"A" attached hereto. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of , 2017. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Judith A. Pyle, CMC Lori LaVerriere, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere and Judith A. Pyle, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of 2017. NOTARY PUBLIC, State of Florida My Commission Expires: CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\502E0623-2328-42FD-BBAD-4B431 E31022F\Boynton Beach.5744.1.Abandon_12_foot_Utility_Easement_landscape_nursery_- Ordinance.doc Page 703 of 743 ALL OF THAT CERTAIN CITY OF BOYNTON BEACH UTILITY EASEMENT RECORDED IN OFFICIAL RECORD BOOK 10270, PAGE 1891 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS- COMMENCING OLL S:C NCI AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION .01'5 ' "E. ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 43.16 T; THENCE 9'11'03"E. ALONG THE SOUTH RIGHT-OF-WAY LINE OF FLAVOR PICT ROAD, AS RECORDED IN OFFICIAL RECORD BOOK 8709, PAGE 216 OF SAID PUBLIC RECORDS, A DISTANCE 9.81 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE 9'11'03" . ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 19.92 T; THENCE .52'0 ' 7" ., A DISTANCE OF 57. 4 FEET, THENCE S.01'2 '08"E., A DISTANCE OF 159.24 FEET, THENCE .09'32'40"E., A DISTANCE OF 49.91 FEET; THENCE N.85-17'52-E., A DISTANCE OF 8.27 THENCE N.01'36'29"W., A DISTANCE 6.96 ; THENCE N.88'23'31'E., A DISTANCE OF 12.00 FEET, THENCE S.01'36'29'E., A DISTANCE OF 33.16 FEET, THENCE S. '23'31" ., A DISTANCE OF 12.00 T; THENCE . 1' 6' " ., A DISTANCE F 14.18 FEET. THENCE S. *17' 2" ., A DISTANCE OF 18.65 T; THENCE .0 '32' 0" ., A DISTANCE OF 56.74 FEET, THENCE N. 4' 8' "W., A DISTANCE F 24.9 ET; THENCE N.0 `11'36"E., A DISTANCE OF 12.00 FEET, THENCE S.8 ' ' " ., A DISTANCE OF 22.88 FEET; THENCE N. 1'2 ' 8" ., A DISTANCE OF 102. 1 FEET, THENCE S.8752'02"W., A DISTANCE OF 13.56 , THENCE N.1 ' 9'03" ., A DISTANCE OF 16.09 FEET, THENCE N.02'39'23"E., A DISTANCE OF 7.53 T; THENCE S. 7'20'37" ., A DISTANCE 16.09 FEET; THENCE N.01-20'08"W., A DISTANCE OF 34.17 T; THENCEN.52'0 '37" ., A DISTANCE OF 47.99 FEET TO THE POINT OF BEGINNING. LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. CONTAINING 4,453 SQUARE FEET/0,1022 ACRES MORE OR LESS. 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED NTH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREONARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OFR CORD. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO A GRID BEARINGOF N. 9'11'03" . ALONG THE SOUTH RIGHT-OF-WAY LINE OF FLAVOR PICT ROAD, AS RECORDED IN OFFICIAL RECORD BOOK 8709, PAGE 216 OF THE PUBLIC RECORDS OF PALMAC COUNTY, RELATIVE TO THE FLORIDASTATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DA OF 1983 (1990 ADJUSTMENT).. 4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 5. DATA SHOWN HEREONAS COMPILED 0 INSTRUMENTS RECORD AND DOS NOT CONSTITUTE A FIELD SURVEY AS SUCH. I HEREBY CERA T THE ATTACHED S C CRIPTIO HEREON DESCRIBED PROPER IS UE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPAREDUNDER MY DIRECTION ON APRIL 4, 2017. 1 FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION ME STANDARDS OF PRACTICE SET FORTH IN CHAP J-17 ADOPTED BY THE FLORIDAA F PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027,, SHEET 1 OF 2 CAULFIELD a WHEELER, INC. DAT 0 17 CIVIL ENGINEERING - LAND SURVEYINGlw DRAWN Y J 7900 GLADES ROAD - SUITE 100 BOCA ATON, FLORIDA 33434 RIC& PHONE (561)-392-1991 / FAX (561}-750-1452 AVID P. LINDLEY . . G. A ,REGISTERED LAND FLAVOR PICT MWNHOMES SURVEYOR NO. 5005 SCALE AS SHOWN CITY OF BOYNTON BEACH EASEMENT ABANDONMENT STATE OF FLORIDA SKETQi OF DESCRIPTION !:j L 3591 11 JOB N. LINE OF THE S.E. 1/4 OF SECTION TOWNSHIP 46 SOUTH, RANGE 42 EAST _ CTE THE . 1 T S.E. 1 4 { LINE OF S.W. 1/4 OFS.E. 1/4 OF SECTION 2. 14 S U GE 42 EAST POINT OF BEGINNING FLAVOR PICT ROAD N89t RIGHT-OF-WAY WIDTH VARIES r*+I ' t N89'1 S. RIGHT-OF-WAY LINE + (O.R. .BEARING I , PAAGE 21 6) IS NOI-20`080W 34.17' t 12' 16.09 tsoNORTH 7.53 40 20 0 20 40N12*09t ' 1 ' t 13.56 0 tz rn GRAPHIC (IN FEET) TOWNSHIP 46 SI UlK RANGE 42 EAST N0511" , • t •� M N85 t • N0138 a 29"W' ® t • t • + ® 1 9 12.00 t S01 036'29"E h} y • t N01® t t 14-18 t SHEET 2 OF 2 CAULFIELD , INC. 7 Rce CIVIL ENGINEERING - LAD SURVEYING DRAWN BY ic 7900 GLADES ROAD - SUITE 100 OCA RATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (561)-7501-1452 F• FLAVOR PICT TOWNHOMES SCALE S SHOW CITY OF BOYNTON BEACH EASEMENT ABANDONMENTSKETCH OF DESCRIPTION J i I r VERZAA;L FAMMY MUTED PARTNMUME[P � 608 N.E.•FRANCESCA LANE 31487 May 8,2017 Attn:Tim Foster Caulfield&Wheeler 7900 Glades o -Suite. 100 r(ORB 10270, PG- Boca ton,Florida 33434 1 1) hi e: Abandonment of Easement KORB 10270, 1 1 Dear Sir: This letter will serves authorization fbr you(youry}to act as seller's agent foerzad Family Li 'for a purpose of utilitya .n e props describe od . ® " a pait hereof. Please let me know if you need any-addidandtion. Please co Thomas F. Carney, Jr,Esq., Carney Stanton .L., 135 S.E.5ffi Avenue, Suite 202,Delray B 33483. 1- 30-8140 should you need . Thank you very much Sincerely, , ntct Ck Adrian a , e , Verkad Family L' d P ' , . STA OFAORIDA } COUNTY OF PAIM BEACH } The foregoing Instrument Was acknowledged before ma this 8th y y,2017 by Adrian Verzaal,who is personally 'o to e.. tN Nwq°Au. s m PION Public,S of Twinas F caffm Jr ' 1m FF 08idfiMiWe W. p7 1g Notary Publio State of Florida Thomas F Carney Jr My Commission FF 085298 of Expire®01/2212018 Page 706 of 743 • ' 'i i ' :P- 1, ' • • • • eaE .•' O • LENNAR FL E ENA PIQ i%R July 8, 201.5 John Wheeler Caulfield& Wheeler, Inc. 790 Glades Road, Suite 100 Boca Raton, FL 33434 RE.- Agent Authorization—Caulfield& Wheeler,Inc. Project Name: Flavor is Town homes PUD. To whom it may concern: Please accept this letter as formal request and permission for Caulfield & Wheeler,Inc. to submit applications,monitor progress, and respond to requests for technical information or clarifications necessary to obtain permits or approvals from City, County, State, or Federal agencies having jurisdiction over development project. It is required that Lennar be informed and given opportunity to make selections whenever options exist for project development. Lennar must be notified of meetings or phone con&rences were issues of significant monetary or time impact are to be discussed. Should you have any questions please call or is Moncada at 954-638-7971 or email at Hor,,icio,Moii.eada(Zi`i.ennar.com or Jeff Alexander at 786-518-8593 orjeff',alexander-f�i,.'I(�niiar.cotii. Sincerely, Carlos Golizalez Vice President 730 NW 107 Avenue- 3rd Floor. Miami, FL 33172 4 Tel. 305-559-1951 www,lennar.com Page 708 of 743 I E � I J G NMI F Fye°S,E Iry I moi'' . i A fl " low {9 p �I 7i r �r fi I Anrrr� ( f I I x 7 . 15 lrry � � } .e ,�z at ,,,V „� 7 -gig i � S h :aa ` s9 rn b j"" ` 3 I 'A a ra pv 6° av NMI 6 40 ss rm Ik anti �4 � arc �, �e 1 i Ems" n 4't lid it2 i}moi,,. Wl �9 wl ` i Cly a t oti en i g «qA 613 4:1� L tri cr I W ` S IIk s e� I P �1 Page 709 of 743 Owner: VERZAAL FAMILY LTD PTNRSHP PCN: 00424602000005150 1 of 1 � o, M o � � a 0 w w 1 e�tl 0 � ' V�•1 Qui � 1( T N1 'a Z 5 � U ti a Z { ,� p a LL IE o O to LL E I I® d a r a a a R a O g ,n v tis 1'..C Fa w c�.� J z z f .,urs„n q a ry E v1 Vrd � _� Q L) v rE Rn#horne Ln 8 p.. cyu m i a A J Z w 0 46 U E c ® d❑ u U V U U 4 p” u .1 J Z L QyF- ry7q - ae®h LLLLLLLL � R W ¢ Q Q61IQ 611d C® V !b w . ....p._�...U_Q....._..e.W 0 J M p m � b u rn a z ® o J ° mtD N w ry v I U d LD { to to 2s I O o w O o tl-p %- a lea d b 7 a Z rvg 5 7 7 3 ® 3 nC ` go it w d �; E J w ®W. �C i s h y Z ® d r� V r `Nm d E ~O d ea: ,� 2 Z w U U" U. m p O w P Page 710 of 743 - - _a0IwA*5gb5a -"'_"—] FLAVOR PICT TOWNIIOMES PUD E.'n 143 BEING A PORTION OF THE SOUTHEAST ONE—QUARTER OF SECTION 2, KEY MAP_ ^• LOCATION MAP TOWNSHIP 46 SOUTH,RANGE 42 EAST, xOT E s^uE PAIM BEACH COUNTY,FLORIDA. /4 'e THIS NSTRUNENT PREPARED BY SMT w%S�Fltm PROJECT CAULFIEIDA antlUNDLEY EWNE ES EELER INC. SURVE900 E. G-ADE—,SUlE 100 RS Am iv . eOCA RAttIN,—0 A LIXt DA 33 4 (681)391 1491 CERIiFCATE OF AUMOft UT Ory LA0.18—I H ttEx:c.»D t �Rwtx DEDICAl AND RESERVATIONS: DEDICATION AND RRESEIRSATIONS CONTINUED: SHEET 1 OF 8 ^"'e? T10Ns Y ACCEPTANCE OF RESERVA t?°rar ts.r- x c-Ecx�.Fo Tn � x_ � .^ COUNTY ENGINEER: 'I IIA12_1MENT' 0. SE FLATS - PYt6�i uZL EP u etre a. x v ACKNOWLEDGMENT. x, ns ams TIIi.E CERTIFlCATION: s rave 51k," o•,tL.�Y4W y n.+a x,xa�EFr,i 4wD x .o vx.nm s wsn 9 .ea,x Fs P^Yar,.x *v-amro. SURVEY NOTES ACCEPTANCE OFRESERYATIONS: ., ry .t U.n� _r m x. Y� �. ACKNOW.EDgAENT: ACKNOM DGNENT: 0 1,17 4 Be x X15 syr n E.. m �t z u.o enc� N.,a SURYcYORS CERTiflOATE F I I d Page 711 of 743 LEGEND/ABBREVIATIONS '�6w FLAVOR PICT TOWNHHOMES PUDq4 BEING A PORTION OF THE SOUTHEAST ME-QUARTER OF SECTION 2, 'EYN MAP y, TOWNSHIP A6 SOUTH,RANGE 42 EAST, - PALM BEACH COUNTY,FLORIDA- EMB, �N.Oi-ice NIS NSSIGUMENY PREPARED BY D P.LWCLET NORTHCAUI.FlELD and WHEELER.ING. GRAPHIC SCALE SURYEYORG- ENGINEERS-PLhIMERS GLIDES ROAD.SURE i Wiem BOCA RATAN,FLORIDA -(%t}392-1191 CERTIFlCAft OF AVIHORZMZAiR#1 N0.t8 3581 u .swot � vgatFR w„,u vaur oArvM kicw=w FEET -_� sar xnc a,avo.room. wEwrzmr. xw,es a[IaAs rre+ I I 1 ��j ( I �hH1Tr GDUI Li e j I SHEET 2 OF 8 CORAL LAurv.KES NOcs e,PeiD i CORAL IANES A��� I I z 3 � t f 133 T _ rsi I � � � FIAVOR PICT ROAD g T� $ i NGR{NGT RO ) S to IS xi `Y�E � aA as) 1 ti tl eseorc.z,`��sl�� 8 Y roto �_ s 8 evt Qx'z, _ NB9'Ii 02 E rs 323>8' �89'S8'OYE ( } 4x i S urea a S_- e _ � TRACT R U 6 PGl ql ts� R' Se 1 g 14o —TDs-s N 8 V g ' 8 ull RRp '- m rr ~a, N Ey GOR..NES Y.sA PUD I I R P salt x -A 2 RR AO,' R-t zxes B d4 N S P RUCL OS-t dd 9 e+! us� r"i w,�i� TRACT ItEc-, MATCH Mi Sir sof a MATH LM SHEETT 8 OF 8 Page 712 of 743 " FLAVOR PICT TOW.NHOMES PUD SONG A PORTION OF THE SOUTHEAST ONE—OUARTER OF SECTION 2, NKE­o MAP ..^' TOWNSHIP 46 SOUTH,RANGE 42 EAST. PALM BEACH COUNTY,FLORIDA. ^� TMS 9i3TROMENT PREPAPED 81 T' DAYfO P.LBJOLET �' tGWty 4F CAULFIELD and 4AIEELER.INC. xrmxo�r= SVR4£ttlRs- ENpNEER3-PLANNERS IF J900 zJ.}➢ES ROAD,SU.11. I �, RDCA RATOH,ELCI6DA 33A31- _uD r z CERTFlCATE 6 AUTNpbUTKKI NO LB 3381 � R.� 1 h Luo.o.ww e s nvx Awe eanmaitR ' �fl/ v e. 9nae0ty a.vn ' —M e�`"'.o`u.'R SHEET 9 OF 8 � I f a � ----- FLA"PCTROAD � M e'w Amz«j .t adz \ P&sm c[ NQRL} H8933'O>'E 69A61' I\AQ GRAPHIC SCALE 7__ .. __ ___ ._..... �$ Pi � �#snv.�ws � ��AI _ `wrs Na 3orez u t TRACT OS-e - M ss.z+ � A I Ellen, ISS n 'AR &fib CJORLYNAnES. ANDpNCFS Flv N ( i £ a EIm TRAM OS-5 P.^ U.Fl— xxo eJ LEGEND/ABBRENATIONS E s u: 8 aA 8 ANTHfMNE LAHEm xPS �' 'd W'R e.a ttaeo varta a urvr.c. --Y— _ — — o xeazl zt TRACT R—tL4 qg a z c f — zx \uiE• 9 sm,�m Q,oAw 5 F-I ,. urun ewzeuw. Y vA d �£ � re Er ErA lin a S�v�Sm RN 3 ( R— R ✓ �v i N$ p' 8m MATCH LINE S '4 OF 9 CT 0S-2 �, 8 w rz '.. MATCH LINE SM-WT 4 OF 9". Page 713 of 743 FLAVOR PICT TOW.NHOMES PLTD BEING A PO.RnON OF THE SWTHEAST ONE-QUARTER OF SECTION 2. MAP MAS TOMSHIP 46 SOUTH.RANGE+2 EAST, LEGEND ASBREftTIONS PAW BEACH COUNTY,FlORIDA. *`r rrzxt +++gtu T115 R6TRllNENT PREDARED Bi DA.P DN-Y 4 —_ ILD CAULFEand WHEELER INC. ,>' — ir— SURt£TL- ENG NEER9 PLANNERS }g00 OLF0E3 ROAD.SLVTE 100 ' At OmtpHA S SOCA RFTCN,n.OR10A 3340{ (%t}392-f 99) } p3TAN(£3 ' B .x onry ..n�xCERTFlCFTE OF AUTHORIZATION NO lB 339t , t NOR'N aflC�.AiD 1PpLLR :i`.' asan.aEcrv.eoa �cx sEu,sen nFtr.v�+.0 GRAPHIC SCALE SBM 4 OF 9 A MATCH LI SMT x 3 OF 9 Nn (Y I 8 e§ 3s E II mg i & ffis. &»i + flm SII RAaMPa v I UNPLITTED �� T" G � ,.e v,s♦ (_p .P� � � .l,v�s af++ ,/F-1 39i.4i' -�'S3'33"E TBACi 05-2 N1 , u' rom9 s -i avmmw}E ' MATCH LUM SHTPsT 5 OF 9 NX ro b. e� S F 9 L- OTc"Lom ssssT Page 714 of 743 FLAVOR PICT TOWNHOMES PUD BEING A PORTION OF IF SOUTHEAST ONE-OUARTER OF SEC'9ON 2. Rfx TOWNSHIP 48 SOOTN,RANGE 42 EAST, PAW BEACH COUNTY,FLORIDA. LEDE TNM MTROM HT PREPARED By WUN—Y CAULFIELD..d WHEELER.INC. 7E' NA-1 L�it v SOCA A I—M I — ViH�2AtKK�N0.to 3581 Iz IT NCRT� GRAPHIC SCALE SHEET 5 OF 9 4 OF 9 zoo — — — — — — ES.y, xr MATCH LAVE SHEET' 4_OF LANE _x$ T�RAcTR- Y ",_—E —,T, V R Z 2 7 ..T os s —IT .MATCH LINE SHEET—OF ————— MATCH LM SHEET 6 OF 9 Page 715 of 743 FLAVOR PICT TOWNHOMES PUD Iq` L BEING A PORTION I THE SOUTHEAST ONES42 EAST Cf SECTION 2, ro MAPLEGEND ABBRENATIONS TO'FPALM E SOUTH,RANGE RI EAST./ PAUA BEACH COUNTY,itORIOA. THIS INS�RUYENT PNEPANOC BYP.UNOLEYCGt.Xt1CP �AU'1CAULFIELD and YMEELER INC. "'—` PLANNERS .1 A8D.ATtIF oAtse NORTH CERTEICATE aE AutNORrznncR L. 4e 35s+ Ax0 cwP+Aau'R y GRAPHIC SCALE ow aEAA 4n a, uva a�seo raDseuEn...ws.u�.mvE. mia� o:reT SHEET 8 OF 9 ' _ MATCH LINE SHEET 8 OF 9 ____i—— MATCH LIRE SHEET 8 OF 9 �� B ANTHNiNE LANE _ - $ a G'S � to R-3 m 00' zzar arm' sa.ro' ,o3i ,re.m .w 7= naY �vm zuD a.- � - - £,F,= N�Ta PAwcsEs� e! TRACT CS-5 ex 5T 55 st � "�.� - T2AGT CS-5 r � P _sas_^_____——_ — ——_———— 1386.14'OCT.)tiDTALT POeit iI � R eoe. V � rsEs m-tij5 y' \`LW OD.CANAL L-JO n 3� � OEIFAT GARDEN ESTATS Page 716 of 743 EGEND/AH9RE A 0N5 FLAVOR PICT TOWNHOMES PUD ar Iqq BEING A PORTION OF THE SOUTHEAST ONE-WARTER OF SECTION 2. KEY MAP TOWNSHIP 46 SOUTH,RANGE 42 EAST, 7 PALM BEACH COUNTY,FLORIDA, z mr THIS INp�T PREPARED 81AW } - CAl/LF 5 and WHEELER.INC. GRAPHIC SCALE WE-5- ENGINEERS-PLANNERS - ,TMip m_Hao wLr REcamm a m TGN,CLACES ROAD,SH1E 100 x i emN_Ox L-r-moi i�f' BCOA EGA 0.Cft DA 3H3{-(581)382-1991 — (� QR1610A1E OF ADiHORIZ4110N N0.LH 1501 '. Azm� mcm oErottt reaxruvc.T cawra:.wrvr re Nwrz ea�s» u rvivT tuxron Ersr zmF: +tiw-{o tGE' raa ww x COFina6ER .j-r. oerutt mm MATCH LW SHEET H QF 9 SHEET 7 OF 9 '— — INiHORNE LANE TRACi R-2 0 cm°R,,r`��e�Aa•ARe.uo a t i � sm xN ;T §iP I a % U + r I{ e m P m YIN £,E TRAOT os-11 I I trs I _ a T A N��P'k ( 5e@TS55w, oas.Sea.aux.sa, �\ ����lyyy _UQRj / 3 �I �uvxraa'� _ sae t I —..._....—_ , — Z' ro c a ,.... -- - - -- r E� ru DELRAY GARDEN ESiAlES eaTziiOon¢s Hes, Page 717 of 743 °`°" .. FLAVOR PICT TOWNHOMES PUD BEING A PORTION 01'THE SOUTHEAST ONE-QUARTER OF SECTION 2, KEY MAP� TOWNSHIP-0 SCKJTH,RANGE 42 EAST, PAW BEACH COUNTY,FLORIDA. xIRIS INDA—VID P.IITU_P—Q.BYLAI I.—A i-EGEND/�ATIGNS CAUL FIELD..d WHEELER,INC. A.. Q, 11KNERR lAT_!n =TWAY PEC.tRCE9 = -A G =3591 o NORT- N GRAPHIC SALE .1- u 11 C� SIM"a OF 9 M_ srw-=z zz� MATCH W&SRMT 9 OF 9 jalrH LM SaW_2 OF 9— — — — - % TZ A -A, Es 1.A!I j� Tz ----------- 51 Cm MATCH MMEW 7 F moa — — — _ — ..a� "x"", " MATCH LlNS SHEfi7 OF 9l Page 718 of 743 FLAVOR PICT TOWNHOMES PUD �\ i voR n BEING A PORTIpN OF THE SOUTHEAST ONE-QUARTER OF SECPON 2. NE o uAP TOWNSHIP 48 SOUTH,RANGE 42 EAST. LEGENDJA88REMATIONS PALM BEACH COUNTY.FLORIDA. 3�f THIS IN0—MENT�O PAREES BY O _ CAU and YMEELER.INC. + — — suRVEY(WS— ENwIFRS—PIANNERs _ >BW OLMES ROAD.SURE iG0 « 0 TES psiANCEs BOLA RAtON.FI.OR®A 33434—TINTI 2 1881 Nm corm 18 Pstts .} wu „ f£RTFlCA,£ AUTHOPoZAiiCN NO 35B, N�JRTH GRAPHIC SCALE j-, —� cmum amR wTW ww m awRoa o, „ nw u nw,«,., «[au,o us<zms. eN >o Tec 8$gE7'9 OF 9 MATCH LINE 8HEE2'2 OF 9 _ 2 OF 9 ,.- MATCH I.BVE SHEET _ J w T"0. E' i &� � ACJ 1 1RACT REC-i $ r R 4 R., m TIZ � rte' a 3a, .RALTW ytAj7 TRACT OS— I tt ` B oi 8 I aB� G. 25.00 eG Ik s.N X t glg Es as y� IRE SHEET 8 OF 9 MATCH LINTS BHEFf 8 OF 9 Page 719 of 743 43MG LuI9d IL K M I mpl I U) im - I A oppoij 'Alunoo Ic ca i i ii, mi li, i 2 a, 1610 dil-.11111 and SiDW04UMO.L 431d JOABIZI kill! LL .21I - 14�1 h H 4111M i., MI!I i'� ZIA UNA! H . . are A 0 P "WHIIN -,II°� ��, � a �s g § �����"" s re §�.� dew` �v� � � �'c 3� � ce re �� 10�I I WNW (3e2 a m xx R re 0111 N pap MW on W �h V91 A of U Nil R qr WE- 13.D. LEGAL 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-018 - SECOND READING -Approve the abandonment of existing utility easement rights within a Residential Access Roadway - Tract R-5, within the Flavor Pict Townhomes Plat as recorded in Plat Book 121 Pages 193- 201. EXPLANATION OF REQUEST: The Owner/developer intends to replat this section of the development upon finalizing the acquisition of the abutting landscape nursery property to the east. The developer will re-dedicate City of Boynton Beach Utility easements associated with the re-platting of this Townhome Development. The construction of Phase I I Flavor Pict Townhome development will be adjacent and contiguous to the east side of the Phase I development located on Flavor Pict Road. The developer is currently working with Palm Beach County to Re-plat this development to incorporate Phase 11. The City of Boynton Beach currently has utility easement rights on a private residential access roadway, parcel R-5 (see attachment). Palm Beach County has requested that the developer obtain a release from City of Boynton Beach of its Utility Easement rights for Tract R-5 as described in the dedication on the current Plat(recorded in Plat Book 121 Pages 193- 201). The developer as part of the development review and re-platting process will agree to grant the needed City of Boynton Beach utility easements on Phase I I similar to what was dedicated on the Phase I development. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no adverse impact on City services. FISCAL IMPACT: There is no fiscal impact to the City. ALTERNATIVES: Deny the request for abandonment of the easement rights, impacting future Phase I I development. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 721 of 743 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordance Approving Abandonment of Utility Easement Tract R®5 D Addendum Recorded plat showingTract R®5 D Addendum Proposed site plan for Flavor Piet Townhomes REVIEWERS: Department Reviewer Action Date Utilities Stanzione, Tammy Approved 7/11/2017® 8:55 AM Page 722 of 743 1 ORDINANCE NO. 17- 2 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 6 FLORIDA, AUTHORIZING ABANDONMENT OF EXISTING 7 UTILITY EASEMENT RIGHTS WITHIN A RESIDENTIAL 8 ACCESS ROADWAY - TRACT R-5 LOCATED WITHIN THE 9 FLAVOR PICT TOWNHOMES PLAT RECORDED IN PLAT 10 BOOK 121 PAGES 193 - 201, SUBJECT TO STAFF 11 COMMENTS; AUTHORIZING THE CITY MANAGER TO 12 EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED 13 WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF 14 PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN 15 EFFECTIVE DATE. 16 17 WHEREAS, the owner/developer, is requesting the abandonment of an existing 18 utility easement recorded within the Flavor Pict Townhomes Plat on July 7, 2016, in Plat 19 Book 121, Page 193 —201 of the Public Records of Palm Beach County; and 20 21 WHEREAS, the Owner/developer intends to replat this section of the 22 development upon finalizing the acquisition of the abutting landscape nursery property to 23 the east; and 24 25 WHEREAS, the developer will re-dedicate City of Boynton Beach utility 26 easements associated with the re-platting of this Townhome Development; and 27 28 WHEREAS, comments have been solicited from the appropriate City 29 Departments, and public hearings have been held before the City Commission on the 30 proposed abandonment; and 31 32 WHEREAS, staff finds that the utility easement no longer serves a public 33 purpose, and the City Commission adopts that finding. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 36 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 37 38 Section 1. The foregoing Whereas clauses are true and correct and 39 incorporated herein by this reference. 40 41 Section 2. The City Commission of the City of Boynton Beach, Florida, does 42 hereby abandon an existing utility easement recorded within the Flavor Pict Townhomes 43 Plat on July 7, 2016, in Plat Book 121, Page 193 — 201 of the Public Records of Palm 44 Beach County, subject to staff comments. The property being abandoned is more 45 particularly described as follows: 46 47 A parcel located within Section 2, Township 46 S, Range 42 E described as: CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\BC90CD4D-C490-4850-BDE8-5BA977AF265E\Boynton Beach.5743.1.Abandon_UtiIity_Easement_Tract_R-5_=Ordinance.doc Page 723 of 743 48 49 50 Tract R-5 as recorded in Plat Book 121 Pages 193-201, Palm Beach County, 51 Florida. 52 53 Section 3. The City Manager is hereby authorized and directed to execute the 54 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 55 Records of Palm Beach County, Florida. 56 57 Section 4. This Ordinance shall take effect immediately upon passage. 58 59 FIRST READING this day of , 2017. 60 61 SECOND, FINAL READING AND PASSAGE THIS day of 62 2017. 63 64 CITY OF BOYNTON BEACH, FLORIDA 65 66 YES NO 67 68 Mayor— Steven B. Grant 69 70 Vice Mayor—Justin Katz 71 72 Commissioner—Mack McCray 73 74 Commissioner—Christina L. Romelus 75 76 Commissioner—Joe Casello 77 78 VOTE 79 ATTEST: 80 81 82 83 Judith A. Pyle, CMC 84 City Clerk 85 86 87 (Corporate Seal) CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\BC90CD4D-C490-4850-BDE8-5BA977AF265E\Boynton Beach.5743.1.Abandon_UtiIity_Easement_Tract_R-5_=Ordinance.doc Page 724 of 743 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon an existing utility easement recorded within the Flavor Pict Townhomes Plat on July 7, 2016, in Plat Book 121, Page 193 — 201 of the Public Records of Palm Beach County, subject to staff comments. The property being abandoned is more particularly described as follows: A parcel located within Section 2, Township 46 S, Range 42 E described as: Tract R-5 as recorded in Plat Book 121 Pages 193-201, Palm Beach County, Florida IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of , 2017. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Judith A. Pyle, CMC Lori LaVerriere, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere and Judith A. Pyle, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of 2017. NOTARY PUBLIC, State of Florida My Commission Expires: CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\BC90CD4D-C490-4850-BDE8-5BA977AF265E\Boynton Beach.5743.1.Abandon_Utility_Easement_Tract_R- 5 - Ordinance.doc Page 725 of 743 P OWUR gds MA 3: 50 RIM up � N I ablid :1k b4i me , a RHIN SM mar, res s$ 1001 A !Sol ll ON arc N WERE M, fie RN V HIN GOP 111HUM wing 101 Wholm wirgul111f Eq!0gD THIgal; 11IR1111gsl 1 g,1 As: qIM26 so II ons! A I HIS , I h Uhl Of .011 us Q Mae F2 y .9 Ing, mph gs ism! 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H . . are A 0 P "WHIIN -,II°� ��, � a �s g § �����"" s re §�.� dew` �v� � � �'c 3� � ce re �� 10�I I WNW (3e2 a m xx R re 0111 N pap MW on 00 W �h V91 A of U Nil R qr WE- 13.E. LEGAL 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-063 - Approve rescinding Resolution R16-150 and Resolution R17- 051 in their entirety and revoking the moratorium regarding wireless communications facilities. EXPLANATION OF REQUEST. The City Commission has heretofore adopted Resolution R16-150 on November 15, 2016 which established a moratorium regarding wireless communications facilities in any rights- of-way within the City of Boynton Beach. The City Commission also adopted Resolution R-17-051 on May 16, 2017 which extended the temporary moratorium established via Resolution R16-150 through September 6, 2107. The State of Florida has enacted Chapter 2017-136, Laws of Florida preempting local government from regulating wireless communication facilities. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT: None ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Resolution rescinding Resolutions establishing D Resolution and extending moratorium on Wireless Communication Facilities Page 729 of 743 REVIEWERS: Department Reviewer Action Date Legal Swanson, Lynn Approved 7/13/2017® 11:49 AM Finance Howard, Tim Approved 7/13/2017® 4:59 PM City Manager LaVerriere, Lori Approved 7/14/2017® 10:01 AM Page 730 of 743 I RESOLUTION NO. R17- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, RESCINDING RESOLUTION R16-150 AND 5 RESOLUTION R17-051 IN THEIR ENTIRETY AND 6 REVOKING NOTICE OF INTENT 2016-01 AND THE 7 ASSOCIATED TEMPORARY MORATORIUM 8 REGARDING WIRELESS COMMUNICATIONS 9 FACILITIES WITHIN CITY RIGHT OF WAYS; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the City Commission adopted Resolution R16-150 on November 15, 2016 13 which established Notice of Intent 2016-01 and a temporary moratorium regarding locating 14 wireless communications facilities in any rights-of-way within the City of Boynton Beach; and 15 WHEREAS, the City Commission also adopted Resolution R-17-051 on May 16, 2017 16 which extended the temporary moratorium established via Resolution R16-150 through 17 September 6, 2017; and 18 WHEREAS, On June 23, 2017 Governor Scott signed into law Florida's "Advanced 19 Wireless Infrastructure Deployment Act" ("ACT"). The Act took effect on July 1, 2017. The Act 20 preempts local government control of taxpayer-owned rights of way for placement of"small" or 21 "micro" wireless antennas and equipment. Among other various provisions, the Act bars local 22 governments from prohibiting or regulating the placement of "small" or "micro" wireless 23 facilities on or next to existing cellphone towers and utility poles within municipally owned 24 rights of way. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 26 CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. {00191425.1 306-9001821}C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\838FD80A-ODAI-41AA-9641- 6B22A7982D10\Boynton Beach.5981.1.Rescinding_NOI-Wireless_(00191425xC4B6A).doc 1 Page 731 of 743 30 Section 2. Resolutions R16-150 and R17-051 are rescinded and have no further force 31 and effect. The moratorium established by Resolution R16-150 and extended by Resolution 32 R17-051 is no longer in effect. 33 Section 3. That this Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this day of , 2017. 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor— Steven B. Grant 40 41 Vice Mayor—Justin Katz 42 43 Commissioner—Mack McCray 44 45 Commissioner—Christina L. Romelus 46 47 Commissioner—Joe Casello 48 49 50 VOTE 51 52 ATTEST: 53 54 55 56 Judith A. Pyle, CMC 57 City Clerk 58 59 60 61 (Corporate Seal) 62 63 {00191425.1 306-9001821}C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\838FD80A-ODA1-41AA-9641- 6B22A7982D10\Boynton Beach.5981.1.Rescinding_NOI-Wireless_(00191425xC4B6A).doc 2 Page 732 of 743 14.A. FUTURE AGENDA ITEMS 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: Monthly Departmental Presentations: Public Works-August, 2017 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 7/10/2017- 4:52 PM Page 733 of 743 14.B. FUTURE AGENDA ITEMS 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: Discuss impact of recently passed legislation on proposed Medical Cannabis Dispensary ordinance -August 1, 2017 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 7/14/2017- 11:59 AM Finance Howard, Tim Approved 7/14/2017- 11:59 AM City Manager LaVerriere, Lori Approved 7/14/2017- 2:12 PM Page 734 of 743 14.C. FUTURE AGENDA ITEMS 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: Discussion relating to the future of the Building Board of Adjustment and Appeals- TBD EXPLANATION OF REQUEST: Commissioner Romelus has requested discussion on the future need for the Building Board of Adjustments and Appeals. The Board has not met since November 2014. There are currently only four members on the Board.and an alternate. Ms. Roberta Mann indicated by phone she would prefer not to continue on the Board. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 7/13/2017- 5:02 PM Finance Howard, Tim Approved 7/13/2017- 5:03 PM City Manager LaVerriere, Lori Approved 7/14/2017- 9:34 AM Page 735 of 743 14.D. FUTURE AGENDA ITEMS 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: Discussion of number of boards people are allowed to serve on at one time, attendance policies- TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 7/13/2017- 5:00 PM Finance Howard, Tim Approved 7/13/2017- 5:01 PM City Manager LaVerriere, Lori Approved 7/14/2017- 10:06 AM Page 736 of 743 14.E. FUTURE AGENDA ITEMS 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: Draft workforce housing ordinance-August 2017 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 7/12/2017- 1:39 PM Page 737 of 743 14.F. FUTURE AGENDA ITEMS 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: First Commission meeting in September has been changed from Tuesday, September 5, 2017 at 6:30 pm to Thursday, September 7, 2017 at 6:30 pm to have First Public Budget Hearing on Proposed FY 17/18 Budget in accordance with the Truth in Millage (TRIM) calendar. EXPLANATION OF REQUEST: The Commission approved changing the date of the first meeting in September from Tuesday, September 5, 2017 at 6:30pm to Thursday, September 7, 2017 at 6:30pm in order to hold the First Public Hearing on the proposed FY 17/18 Budget in accordance with the Truth in Millage (TRIM) calendar at the June 20, 2017 Commission meeting. The City's first budget public hearing cannot coincide with PBC School Board or Palm Beach County's budget hearing. Palm Beach County is September 5, 2017 and PBC School Board is September 6, 2017. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 738 of 743 REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 7/13/2017® 5:01 PM Finance Howard, Tim Approved 7/13/2017® 5:01 PM City Manager LaVerriere, Lori Approved 7/14/2017® 9:35 AM Page 739 of 743 14.G. FUTURE AGENDA ITEMS 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: Vice-Mayor Katz requested a presentation by Florida Textile Recycling, LLC. FTR, LLC provides automated clothing recycling as a non-profit corporation and provides funding to agencies for other non-profit uses- TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non-budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment FTR, LLC Brochure REVIEWERS: Department Reviewer Action Date Utilities Groff, Colin Approved 7/13/2017- 8:45 AM Assistant City Manager Groff, Colin Approved 7/13/2017- 8:45 AM City Manager LaVerriere, Lori Approved 7/14/2017- 9:57 AM Page 740 of 743 r R (ft -o -o a) (L) c t w c t c 0- U) ca -0 o > Q O O d a o + � ma>-O n E N . v co>-a ca cc b -' CO 7 coL m -o = -, >o ca �t t c 6 ado ca- o �, 0 a� (v •o v c" o E a, t •E za o :c .� �, a> >, 'Y Q CO O �, m c +�+ >, O E c -0 >, d N L E U J > c T b0.0 t ;"'K i I st a� E o n E c a-+-+ d ++ E c c t ;� c a m 0' n a m o o c c cmi m O O c O C U _0 ! n v x +`+ o o c �' ate+ m o c t w c w cn o > a� E } o i w O 3 ozs p CO _ o a> E oCO E E w Q t d 1= .� o O t a t c °O °� t co o E ® c T m °� s"z; L t .c ai cd o N w c" a cc N v �' 0 c (J O c 01111"C", c +-. o- t a� v c a> - - _ CA 0 v C X O iJ L +�+ O aJ ., '� c m aT+ O �' O O r o y o '� a a o c c on an o E Q c) u aa' ++ o ++ c v — i S5 0 E o o c �� S _0 E c a� � m o t t a� t =o on 'c y t -'o '� n IG J t 6 c +� a' E an " fl t + c o a' Q a t o c w (G<.. v cTi o a� C/) 0 •� o o c o c}n a c am o coin c�cc + o uo t c >>` — co —c5 45� O 0 Q c O +-+ O +-+ O m ' E Bt o O c t 8- an o c an a) by o cn cn +) co G4 co Aq o a� a > aco mi E w a •� c m a o t t o w c Eo aci o ani 'c irr slils�1,k}i fil,f x '� �, o v ami -o E cmi c u m c m L a) c c Q T�V) a) -y L a) yr c m E 'fin A w c o cn +� a) c a) c n E w w D c aEo 8 c E a-- E c _ m a> o m a) 0 � m — o o - o f m co m E _ E aa) a w o o a� o v o E Q o fl in t c -o o C/) CO j(y a> > _ a' - - o > +� o m m an o � � � o o o O .� w a) o Q c w a m 1 ?' a) w c c aci -0 i all E - E o t an a� E Q� t ami E fl a> -o 0 o c� c x(�; o m +-+ E v c c (G +-+ a� a> c c cn 1 r� u N ami U o o '� aci o o '� c o '. c a) a) OA ti co O O t fl-'i m U O O U O U E c m a) O O 1 c w +� c o c o v +� o vi a) ' m 2- c c E E Q) cL cL -0 c ! a) o °> 2 a� co c c o Q.c z CZ c a� C) O o -0 = mco o 8- `° c on O a 0 o m m O E o FT w v E I II III III „F i qtr �£� r � A�; � • � ,I !af - <<<r� rrrrrrrrr rrrrrrrrr rrrrrrrrr rrrrrrrrr rrrrrrrrr<« -- � �i;{{ ,114�����0� }t 1�r11�`ii.( \ rri,tsr t 1V � fi' si 11} ,lav y% i� ttI all t rtfrt ssn t ; ' �I11� ,r(((I t ®®//JL3 r 0 z , v a sasses t r c t tt{il tlj�t¢s icy,'. ��"-a ��ti�fi���S��(1 qtr✓(4i t�i{'�tyi13�i tty�i�E i)a}ii>)�?i � -_'z_ � I .. 1�-i \ � 1111111111111111111111111111111111111111111111111111111t u t ii i� 0 t rt �� •� •, �.kaaaaaaa �Jt� 11 9k'' �����\\\\\�m� 11,�1� l 3 t ' F .. s. ..f �� tssss ssss. ssss. rssssssst 14.H. FUTURE AGENDA ITEMS 7/18/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 7/18/2017 REQUESTED ACTION BY COMMISSION: Update on progress of Town Square- Phase I -August EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 7/13/2017- 4:58 PM Finance Howard, Tim Approved 7/13/2017- 5:02 PM City Manager LaVerriere, Lori Approved 7/14/2017- 10:06 AM Page 743 of 743