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Agenda 09-07-17 The City of zax" Boynton Beach City Commission Agenda Thursday, September 7, 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 544 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 544 1. OPENINGS A. Call to Order- Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Mayor Steven B. Grant. Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. PROPOSED RESOLUTION NO. R17-079- Conduct a Public Hearing to adopt the Final Assessment Resolution for the FY 2017-2018 Fire Assessment. B. Conduct First Public Budget Hearing for FY 2017/2018 Proposed Millage and Annual Operating Budget. PROPOSED RESOLUTION NO. R17-080- Adopt the proposed millage rate for the General Fund for Fiscal Year 2017-2018. PROPOSED RESOLUTION NO. R17-081 - Adopt the Tentative Budget for the General Fund and all other funds for Fiscal Year 2017-2018. C. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 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. Authorize City Commissioners to travel to Tallahassee, FL to attend Palm Beach County Days 2018, January 9-10, 2018. B. 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: 2 Alts Building Board of Adjustments &Appeals: 3 Regs and 2 Alts Employee Pension Board: 1 Reg Library Bd: 1 Alt Page 3 of 544 Senior Advisory Bd: 1 Alt 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. R17-082- Assess the cost of nuisance abatement on properties within the City of Boynton Beach. B. PROPOSED RESOLUTION NO. 17-083-Authorize the Mayor to sign an easement agreement between the City of Boynton Beach and Florida Power & Light Company for a perpetual easement to facilitate the undergrounding of electrical utility facilities along NE 6th Court and Boynton Beach Boulevard as a part of the Ocean One project. C. PROPOSED RESOLUTION NO. 17-084- Ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their August 3, 2017 meeting and give authorization to do the following: 1. Establish wastewater user rate at 1.07/1,000 Gal (O&M rate of $1.02/1,000 Gal and R&R Reserves Rate of $0.05/1,000 Gal) to Delray Beach and Boynton Beach for Fiscal Year 2017/2018; 2. Establish reclaim user rate at$0.17/1,000 Gal to consumers Delray Beach, Boynton Beach and South Central Regional for Fiscal year 2017/2018; 3. Maintain the reclaim user rate for Hunters Run, County Club of Florida, Quail Ridge, Delray Dunes and Pine Tree for Fiscal year 2017/2018 at$0.2000/1,000 Gallons; 4. Authorize the Fiscal year Capital Improvement Plan and Associated Funding Plan for Fiscal Year 2017/2018; 5. Accept the 2017/2018 Wastewater and Reclaim O&M Budgets. D. PROPOSED RESOLUTION NO. 17-085- Approve and authorize the City Manager to sign the agreement with JJ Kane for disposal of Vehicles / Equipment submitted by Public Works / Fleet Maintenance Department. E. Approve increase of Purchase Order 170573 issued to Hyvac Mechanical Services in the amount of $12,840.00 for ac preventive maintenance services for EWTP, WWTP, &ADMIN BLDG. This contract expires on October 08, 2017. F. Approve the purchase of two (2) used 2012 Toro GR3300 tri-flex greens mowers at $15,000 per mower from WW Sod & Equipment Company of Okeechobee, FL. based on three written quotes. G. Authorize the City Manager to approve change orders 1 and 2 from Con Tech Building Corporation of Delray Beach, FL, in the amount of $15,220 and an additional contingency of $1,522 for unforeseen conditions discovered while the contractor was implementing bridge repairs. This increases the total estimated costs from$51,256 to $67,998. H. Approve award of the bid for "Newspaper Microfilming and Digitization Services", Bid No. 059- 2610-17/IT to Northern Micrographics of La Crosse, W I to conduct microfilming and digitization with OCR (Optical Character Recognition) indexing of the Lake Worth Herald newspaper from 1912 to 1970 in the amount of $36,794.70 plus a contingency of $3,679.47 for additional expenses if staff determines they are needed for a total of$40,474.17. I. Accept the Fiscal Year 2016-2017 Budget Status Report of the General Fund and the Utilities Fund for the ten (10) month period ended July 31, 2017. J. Approve the minutes from the City Commission held on 7. BIDS AND PURCHASES OVER $100,000 A. Approve the purchase of Water Meters and Equipment with Sensus Metering Systems as a Sole Page 4 of 544 Source vendor for the maintenance and replacement of water equipment for the City's Utility Metering System. The City is currently using Sensus's Flex Net System. Items will be ordered on an "as needed" basis for the estimated annual expenditure of$175,000. 8. COMMUNITY STANDARDS and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 17-022 - FIRST READING - Approve Flood Prevention Requirements (CDRV 17-005) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article 11, Definitions and Article VI 11, Section 1.D, Appeals, Chapter 2, Article IV, Sections 2 and 4, and Chapter 4, Article X, to update definitions, Building Division Processes, Standards, and adopt Flood Insurance Rate Maps and Flood Insurance Study in accordance with the NFIP requirements. City initiated. B. PROPOSED ORDINANCE NO. 17-023 - FIRST READING - Approve LDR Amendments Group 3/CRA Plan Implementation (CDRV 17-007) — Amending the LAND DEVELOPMENT REGULATIONS, Chapters 1, 3, and 4 to continue implementing Community Redevelopment Plan recommendations with changes in the future land use classification scheme, and establishment of the new R-4, Multi-family Residential Zoning District including amendments and additions to definitions, and use and lot standards. City initiated. C. (1) PROPOSED ORDINANCE NO. 17-024 - FIRST READING - Approve The Villages at East Ocean Avenue - North Future Land Use Map Amendment (LUAR 17-002) from Local Retail Commercial (LRC) to Mixed Use High (MXH). Applicant: Arthur B. D'Almeida (2) PROPOSED ORDINANCE NO. 17-025 - FIRST READING - Approve The Villages at East Ocean Avenue - North Rezoning (LUAR 17-002) from C-2 Neighborhood Commercial and C-3 Community Commercial to MU-C, Mixed Use Core District with a proposed site plan for 336 multi-family units and 12,257 square feet of commercial space. Applicant: Arthur B. D'Almeida D. PROPOSED ORDINANCE NO. 17-026 - FIRST READING - Approve request for abandonment of a portion of rights-of-way (ABAN 17-002 through ABAN 17-006) consisting mostly of unimproved streets and alleys between NE/SE 3rd Street and the FEC Railroad, from Boynton Beach Boulevard south to SE 1st Avenue, in conjunction with request for major site plan modification approval of the Villages at East Ocean mixed use project. Applicant: Arthur B. D'Almeida. E. Approve The Villages at East Ocean Avenue - North Major Site Plan Modification (MSPM 17- 003) request for a mixed-use development consisting of an eight (8)-story building with 336 dwelling units, commercial space, and associated recreational amenities and parking on a 3.379 acre site. Applicant: Arthur D'Almeida. (Should be tabled to September 19, 2017 to correspond with 2nd reading of the Land Use Amendment application.) F. (1) PROPOSED ORDINANCE NO: 17-027 - FIRST READING -Approve The Villages at East Ocean - South Future Land Use Map Amendment (LUAR 17-003) from Local Retail Commercial (LRC) to Mixed Use Medium (MXM). Applicant: Arthur B. D'Almeida (2) PROPOSED ORDINANCE NO: 17-028 - FIRST READING -Approve The Villages at East Ocean - South Rezoning (LUAR 17-003) from C-2 Neighborhood Commercial to MU-2, Mixed Use 2 District with a proposed site plan for 35 multi-family units and 3,500 square feet of commercial space. Applicant: Arthur B. D'Almeida G. Approve The Village at East Ocean Avenue - South Major Site Plan Modification (MSPM 17-004) for a mixed-use development consisting of 35 dwelling units, commercial space, and associated Page 5 of 544 recreational amenities and parking on a 1.764 acre site. Applicant: Arthur D'Almeida (Should be tabled to September 19, 2017 to correspond with 2nd reading of the Land Use Amendment application.) 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS - None 13. LEGAL- None 14. FUTURE AGENDA ITEMS A. City Commission's ratification of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2017-2018. - September 19, 2017 B. Conduct Second Public Budget Hearing for FY 2017/2018 Final Millage and Annual Operating Budget- September 19, 2017 C. Discussion relating to the future of the Building Board of Adjustment and Appeals - October 3, 2017 D. Discussion of number of boards people are allowed to serve on at one time, attendance policies, eligibility rules and qualification of members for all boards- October 3, 2017 E. Staff to review and report concerning Florida Textile Recycling, LLC. FTR, LLC which provides automated clothing recycling as a non-profit corporation and provides funding to agencies for other non-profit uses- TBD F. Staff to research possibility of allowing dogs at the beach during certain hours and bring back to Commission - TBD G. The Mayor has requested to discuss the possibility of a resolution by the City in support of development of a boat lift at the C51 canal. - October 3, 2017 H. PROPOSED ORDINANCE NO. 17-020 - SECOND READING - AMEND THE LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II. Definitions and Article V, Section 2, Workforce Housing Program, to convert the mandatory inclusionary zoning program to an incentivized program emphasizing project density and building height. (Second Reading advertised for September 19, 2017) I. PROPOSED ORDINANCE NO. 17-021 - SECOND READING -Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU-3 Mixed Use 3 zoning district. City-initiated.(First Reading approved 8/15, Second Reading Pending Fl. Dept. of Economic Opportunity approval, which takes approximately 2 to 4 months.) PROPOSED ORDINANCE NO. 17-022 - SECOND READING - Amending Ordinance 02-013 to Rezone a Parcel of Land Described Herein and Commonly Referred to as Town Square From Public Usage (Pu); Recreation (Rec)And Multifamily (R-3) to Mixed Use 3 (Mu-3). 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 Page 6 of 544 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. ADD1T1ONALAGENDA ITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF lT EAGENDA ON THE C1TYS WEB SITE. INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER IT 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 7 of 544 1.A. OPENING ITEMS 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: Call to Order- Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Mayor Steven B. Grant. 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 8 of 544 2.A. OTHER 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-079- Conduct a Public Hearing to adopt the Final Assessment Resolution for the FY 2017-2018 Fire Assessment. EXPLANATION OF REQUEST: On July 18, 2017, the City Commission adopted Resolution No. R17-065 to continue the Fire Assessment Program for FY 2017-2018. On August 18, 2017, the City published a "Notice of Hearing to Impose and Provide for Collection of Fire Rescue Special Assessments" in the Palm Beach Post. In addition, the City had a statutorily required Notice to Property Owner mailed to affected property owners by first class mail. In addition, the Palm Beach County Property Appraiser's Office mailed TRIM notices informing all property owners of the assessment via their proposed property tax bill. All notices provided the time, date and place of this Hearing that the Commission would consider the adoption of the Final Assessment Resolution. The proposed Assessment for residential property owners is $120.00 annually per dwelling unit. This is an increase from the previous year of$100.00 annually per dwelling unit. The City Commission recognizes that the Assessment may create a hardship on certain residential property owners in the City. Therefore, the Final Rate Resolution provides a means whereby property owners may request H.E.L.P. (Hardship Extension Loan Program) for a total or partial waiver through an application review process. A copy of the application and criteria is attached. Notice of the Hardship Extension Loan Program (H.E.L.P.)was also uploaded to the City's website. I n addition, the Resolution provides for a Mobile Home Park Vacancy Adjustment whereby vacancies result in the absence of structures on unoccupied spaces as compared to other residential properties and lack demand for Fire Rescue services for unoccupied spaces which lack structures. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Fire Assessment provides only partial funding to the total Fire Department in order to maintain its excellent response time. It does not provide funding for EMS services. Only Fire Rescue services are allowed under Florida Statutes. FISCAL IMPACT: Budgeted For Fiscal Year 2016-17, the estimated gross Fire Rescue Assessed cost is $8,205,584 reduced to a net realized assessment of$6,974,944 after excluding tax exempt properties. The net realized Fire Assessment of$6,974,944 would equal an increase to the ad valorem property tax rate of 1.6232 to raise the same amount of revenue to the City. The Fire Rescue Assessments to be assessed and apportioned among benefitted property parcels follow. Page 9 of 544 Proposed FY 17/18: Property Use Category Rate Per Dwelling Unit Residential $120.00 Non-Residential Property Use Categories Rate Per Square Foot(*) Commercial $0.27 Industrial/Warehouse $0.06 Institutional $0.30 Nursing Home $0.30 (*)There is a ma)amum of 77,001 square foot cap on non-residential buildings. Current FY 16/17: Property Use Category Rate Per Dwelling Unit Residential $100.00 Non-Residential Property Use Categories Rate Per Square Foot(*) Commercial $0.23 Industrial/Warehouse $0.05 Institutional $0.25 Nursing Home $0.25 (*)There is a ma)amum of 77,001 square foot cap on non-residential buildings. The above rates for FY 17/18 only assess approximately 59% of the eligible Fire Rescue costs after excluding EMS costs of the Fire Department. If they were assessed at 100% of the eligible costs, the rates would be $202.00 per dwelling unit and approximately twice the square footage rates for commercial property. ALTERNATIVES: 1. Approve the proposed assessment levels. ($120.00 per dwelling unit, etc.) 2. Approve an alternate assessment level with proportional adjustments to the Fire Department non-EMS budget. 3. Not approve the Fire Assessment with proportional consequences to above STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 10 of 544 ATTACHMENTS: Type Description D Resolution IF ire Assessment Reso D Attachment Hardship Application D Attachment Proof of Publication Page 11 of 544 1 2 3 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 9 10 11 12 ANNUAL ASSESSMENT RESOLUTION 13 14 15 16 17 18 ADOPTED SEPTEMBER 7, 2017 19 20 21 {00196143.1306-9001821} Page 1 of 14 Page 12 of 544 22 RESOLUTION NO. R17- 23 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 24 RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, 25 FACILITIES, AND PROGRAMS IN THE CITY OF BOYNTON 26 BEACH, FLORIDA; IMPOSING FIRE RESCUE ASSESSMENTS 27 AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY 28 FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2017; 29 APPROVING THE RATE OF ASSESSMENT; APPROVING THE 30 ASSESSMENT ROLL; CONFIRMING AND CONTINUING A 31 PROCEDURE FOR HARDSHIP WAIVERS OR DEFERRALS OF 32 ALL OR PART OF THE CITY'S FIRE RESCUE SPECIAL 33 ASSESSMENT INCLUDING APPLICATION AND REVIEW BY THE 34 CITY'S FINANCE DIRECTOR OR DESIGNEE, AND ELIGIBILITY 35 CRITERIA FOR SUCH WAIVERS; PROVIDING FOR CONFLICTS; 36 PROVIDING FOR SEVERABILITY; AND PROVIDING AN 37 EFFECTIVE DATE. 38 39 WHEREAS, the City Commission of Boynton Beach, Florida (the "City 40 Commission"), has enacted Ordinance No. 08-017 (the "Ordinance"), which authorizes the 41 imposition of Fire Rescue Assessments each Fiscal Year for the fire rescue services, 42 facilities, and programs against Assessed Property located within the City; and 43 WHEREAS, the imposition of a Fire Rescue Assessment for fire rescue services, 44 facilities, and programs each fiscal year is an equitable and efficient method of allocating 45 and apportioning the Fire Rescue Assessed Cost among parcels of Assessed Property; and 46 WHEREAS, the City Commission desires to continue a Fire Rescue Assessment 47 program and impose a Fire Rescue Assessment in the City using the procedures provided by 48 the Ordinance, including the tax bill collection method, for the Fiscal Year beginning on 49 October 1, 2017; and 50 WHEREAS, the City Commission, on July 1, 2008, adopted Resolution 51 No. R08-076 (the "Initial Assessment Resolution"); and {00196143.1306-9001821} Page 2 of 14 Page 13 of 544 52 WHEREAS, the City Commission, on July 18, 2017, adopted Resolution No. R17- 53 065 (the "Preliminary Assessment Resolution"), which set forth the preliminary assessment 54 rates for Fiscal Year 2017-18, and which contains and references a brief and general 55 description of the fire rescue services, facilities, and programs to be provided to Assessed 56 Property; describes the method of apportioning the Fire Rescue Assessed Cost to compute 57 the Fire Rescue Assessment for fire rescue services, facilities, and programs against 58 Assessed Property; confirmed the rates of assessment; and directs the updating and 59 preparation of the Assessment Roll and provision of the notice required by the Ordinance; 60 and 61 WHEREAS, in order to impose Fire Rescue Assessments for the Fiscal Year 62 beginning October 1, 2017, the Ordinance requires the City Commission to adopt an Annual 63 Rate Assessment Resolution, which confirms and establishes the rates of assessment, and 64 approves the Assessment Roll for the upcoming Fiscal Year, with such amendments as the 65 City Commission deems appropriate, after hearing comments and objections of all 66 interested parties; and 67 WHEREAS, the Assessment Roll has heretofore been made available for 68 inspection by the public, as required by the Ordinance; and 69 WHEREAS, notice of a public hearing has been published and mailed, as required 70 by the terms of the Ordinance. An Affidavit of Mailing is attached hereto as Appendix A 71 and the Proof of Publication is attached hereto as Appendix B; and 72 WHEREAS, the City Commission recognizes that the special assessment may 73 work a hardship on certain residential property owners in the City, and desires to continue {00196143.1306-9001821} Page 3 of 14 Page 14 of 544 74 to provide a means whereby affected property owners may request a total or partial waiver 75 of the special assessment for hardship; and 76 WHEREAS, a public hearing was held on September 7, 2017, and comments and 77 objections of all interested persons have been heard and considered as required by the terms 78 of the Ordinance. 79 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 80 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 81 82 SECTION 1. AUTHORITY. This resolution is adopted pursuant to Ordinance 83 No. 08-017; Resolution No. R08-076; Resolution No. R17-065; Article VIII, Section 2, 84 Florida Constitution; Sections 166.021 and 166.041, Florida Statutes; and other applicable 85 provisions of law. 86 SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution 87 constitutes the Annual Rate Resolution as defined in the Ordinance. All capitalized words 88 and terms not otherwise defined herein shall have the meanings set forth in the Ordinance, 89 the Initial Assessment Resolution and the Preliminary Assessment Resolution. 90 SECTION 3. IMPOSITION OF FIRE RESCUE ASSESSMENTS. 91 (A) The parcels of Assessed Property described in the Assessment Roll, which 92 is hereby approved, are hereby found to be specially benefited by the provision of the fire 93 rescue services, facilities, and programs described or referenced in the Preliminary 94 Assessment Resolution, in the amount of the Fire Rescue Assessment set forth in the 95 Assessment Roll, a copy of which was present or available for inspection at the above 96 referenced public hearing and is incorporated herein by reference. It is hereby ascertained, 97 determined, and declared that each parcel of Assessed Property within the City will be 98 specially benefited by the City's provision of fire rescue services, facilities, and programs in {00196143.1306-9001821} Page 4 of 14 Page 15 of 544 99 an amount not less than the Fire Rescue Assessment for such parcel, computed in the 100 manner set forth in the Preliminary Assessment Resolution. Adoption of this Annual Rate 101 Resolution constitutes a legislative determination that all parcels assessed derive a special 102 benefit in a manner consistent with the legislative declarations, determinations and findings 103 as set forth in the Ordinance, the Preliminary Assessment Resolution, and this Annual Rate 104 Resolution from the fire rescue services, facilities, or programs to be provided and a 105 legislative determination that the Fire Rescue Assessments are fairly and reasonably 106 apportioned among the properties that receive the special benefit as set forth in the 107 Preliminary Assessment Resolution. 108 (B) The method for computing Fire Rescue Assessments described and 109 referenced in the Preliminary Assessment Resolution is hereby approved. The Parcel 110 Apportionment methodology described in Appendix F of the Preliminary Assessment 111 Resolution, and adopted in Section 7 of the Preliminary Assessment Resolution, is hereby 112 approved. 113 (C) For the Fiscal Year beginning October 1, 2017, the estimated net Fire 114 Rescue Assessed Cost to be assessed is $8,205,584.00. The Fire Rescue Assessments to be 115 assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and 116 Parcel Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal 117 Year commencing October 1, 2017, are hereby confirmed and established as follows: Property Use Category Rate Per Dwelling Unit Residential $120.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.27 Industrial/Warehouse $0.06 Institutional $0.30 Nursing Home $0.30 118 {00196143.1306-9001821} Page 5 of 14 Page 16 of 544 119 (D) The above rates of assessment are hereby approved. Fire Rescue 120 Assessments for fire rescue services, facilities, and programs in the amounts set forth in the 121 Assessment Roll, as herein approved, are hereby levied and imposed on all parcels of 122 Assessed Property described in such Assessment Roll for the Fiscal Year beginning 123 October 1, 2017. 124 (E) As authorized in Section 2.14 of the Ordinance, no Fire Rescue Assessment 125 shall be imposed upon a parcel of Government Property, except as provided in the 126 Preliminary Assessment Resolution, or upon Institutional Use buildings on a parcel of 127 Institutional Property whose building use is wholly exempt from taxation under Florida law. 128 (F) Any shortfall in the expected Fire Rescue Assessment proceeds due to any 129 reduction or exemption from payment of the Fire Rescue Assessments required by law or 130 authorized by the City Commission shall be supplemented by any legally available funds, or 131 combination of such funds, and shall not be paid for by proceeds or funds derived from the 132 Fire Rescue Assessments. 133 (G) As authorized in Section 2.13 of the Ordinance, interim Fire Rescue 134 Assessments are also levied and imposed against all property for which a Building Permit is 135 issued after adoption of this Annual Rate Resolution based upon the rates of assessment 136 approved herein. 137 (H) Fire Rescue Assessments shall constitute a lien upon the Assessed Property 138 so assessed equal in rank and dignity with the liens of all state, county, district, or municipal 139 taxes and other non-ad valorem assessments. Except as otherwise provided by law, such 140 lien shall be superior in dignity to all other liens, titles and claims, until paid. {00196143.1306-9001821} Page 6 of 14 Page 17 of 544 141 (I) The Assessment Roll, as herein approved, shall be delivered to the Tax 142 Collector for collection using the tax bill collection method in the manner prescribed by the 143 Ordinance. The Assessment Roll, as delivered to the Tax Collector, shall be accompanied 144 by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached 145 hereto as Appendix C. 146 (J) No Emergency Medical Services shall be funded from the Fire Rescue 147 Assessment revenues. 148 SECTION 4. CONFIRMATION OF PRELIMINARY ASSESSMENT 149 RESOLUTION. The Preliminary Assessment Resolution is hereby confirmed. 150 SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of 151 this Annual Rate Resolution shall be the final adjudication of the issues presented 152 (including, but not limited to, the determination of special benefit and fair apportionment to 153 the Assessed Property, the method of apportionment and assessment, the rate of assessment, 154 the Assessment Roll and the levy and lien of the Fire Rescue Assessments), unless proper 155 steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days 156 from the date of this Annual Rate Resolution. 157 SECTION 6. HARDSHIP WAIVERS OR DEFERRALS. 158 (A) The City Commission of the City of Boynton Beach, Florida hereby 159 continues its program for qualified individuals who need financial assistance to pay all or 160 part of the Fire Rescue Assessment levied on their property or who seek deferral of payment 161 of all or part of the Fire Rescue Assessment on their property. {00196143.1306-9001821} Page 7 of 14 Page 18 of 544 162 (B) The City's program for financial assistance shall be commonly referred to 163 as H.E.L.P., Hardship Extension Loan Program. The following types of financial assistance 164 are available, based upon need: 165 1. Relief from all payments of an annual Fire Rescue Assessment. 166 2. Relief from a portion of payments of an annual Fire Rescue 167 Assessment. 168 169 3. Deferral of payments of an annual Fire Rescue Assessment. 170 4. Deferral of a portion of payments of an annual Fire Rescue 171 Assessment. 172 173 (C) The following individuals are eligible for financial assistance. 174 1. Residential Property Owners who meet 2017 HHS Poverty 175 Guidelines. 176 177 2. Residential property owners that are exempt from ad valorem 178 taxation pursuant to the following Florida Statutes are eligible to 179 apply for a Hardship Waiver or Deferral: 180 181 a. Section 196.081, Florida Statutes (totally disabled veterans 182 and surviving spouses of veterans); 183 184 b. Section 196.081, Florida Statutes (surviving spouses of first 185 responders who died in the line of duty); 186 C. Section 196.091, Florida Statutes (disabled veterans confined 187 to wheelchairs); 188 189 d. Section 196.101, Florida Statutes (totally and permanently 190 disabled persons); 191 192 e. Section 196.102, Florida Statutes (totally and permanently 193 disabled first responders). 194 195 3. Residential Property Owners that qualify for the additional 196 homestead exemption for persons 65 and over authorized pursuant 197 to Section 196.075, Florida Statutes are also eligible to apply for the 198 Hardship Waiver. 199 {00196143.1306-9001821} Page 8 of 14 Page 19 of 544 200 4. Residential Property Owners that are qualified under the Florida 201 Homestead Property Tax Deferral Act, Section 197.242, et al., 202 Florida Statutes. 203 204 (D) Eligible Residential Property Owners may submit an application for a 205 Hardship Waiver or Deferral, on a form prepared by the City, with the Finance Department. 206 The Application shall include the following: 207 1. Documentation demonstrating eligibility for the Hardship Waiver or 208 Deferral through one of the criteria from exemptions listed in 209 Section C above; 210 211 2. A copy of the Tax Bill for the subject property; 212 3. Description of the facts and circumstances of the hardship. 213 (E) All Applications for the Hardship Waiver or Deferral must be received by 214 the City's Finance Department on or before October 18, 2017. 215 (F) Once received, all applications shall be reviewed by the City's Finance 216 Director, or his or her designee ("Reviewing Official"). The Reviewing Official shall 217 review the facts and circumstances to determine whether a hardship exists to warrant a 218 partial or total waiver of the special assessment levied upon the applicant's real property or 219 a deferral of payment of such. The decision of the Reviewing Official is final. 220 (G) The Reviewing Official shall render a written decision and provide such to 221 the applicant. 222 (H) If a partial or total waiver or deferral is granted by the Reviewing Official, 223 the Finance Director shall ensure appropriate documentation is provided to the Tax 224 Collector as to the revised amount of the assessment as to the applicant. 225 (I) An applicant may apply for a Hardship Waiver as to one property only. 226 (J) An applicant must apply for the Hardship Waiver on an annual basis. {00196143.1306-9001821} Page 9 of 14 Page 20 of 544 227 (K) A deferral may be granted for no longer than the end of the then current 228 fiscal year. 229 (L) When financial assistance is granted pursuant to the H.E.L.P. program, any 230 shortfall in the expected Fire Rescue Assessment proceeds due to any reduction or 231 exemption from payment of the Fire Rescue Assessments authorized by this Section shall 232 be supplemented by any legally available funds, or combination of such funds, and shall not 233 be paid for by proceeds or funds derived from the Fire Rescue Assessments. 234 SECTION 7. MOBILE HOME VACANCY ADJUSTMENT. As authorized in 235 Section 5(L) of the Preliminary Rate Resolution, there shall be a Mobile Home Vacancy 236 Adjustment procedure for Mobile Home and Recreational Vehicle Park Property, using the 237 procedures established in Resolution R11-089. Any shortfall in the expected Fire Rescue 238 Assessment proceeds due to any adjustment for vacancy shall be supplemented by any 239 legally available funds and shall not be paid for by proceeds or funds derived from Fire 240 Rescue Assessments. Failure of the Owner to timely provide the information to the City 241 will result in no Vacancy Adjustment for the special assessment. 242 SECTION 8. CONFLICTS. All resolutions or parts of resolutions in conflict 243 herewith are hereby repealed to the extent of such conflict. 244 SECTION 9. SEVERABILITY. If any clause, section, other part or application 245 of this resolution is held by any Court of competent jurisdiction to be unconstitutional or 246 invalid, in part or application, it shall not affect the validity of the remaining portions or 247 applications of this Resolution. 248 SECTION 10. EFFECTIVE DATE. This Resolution shall become effective 249 immediately upon its passage and adoption. {00196143.1306-9001821} Page 10 of 14 Page 21 of 544 250 PASSED AND ADOPTED this day of September, 2017. 251 CITY OF BOYNTON BEACH, FLORIDA 252 253 YES NO 254 Mayor— Steven B. Grant 255 256 Vice Mayor—Justin Katz 257 258 Commissioner—Mack McCray 259 260 Commissioner—Christina Romelus 261 262 Commissioner—Joe Casello 263 264 ATTEST: 265 266 267 268 Judith A. Pyle, CMC 269 City Clerk 270 271 272 (Corporate Seal) 273 274 275 276 {00196143.1 306-9001821} Page 1 1 of 14 Page 22 of 544 277 APPENDIX A AFFIDAVIT OF MAILING {00196143.1 306-9001821} Page 12 of 14 Page 23 of 544 APPENDIX B PROOF OF PUBLICATION {00196143.1306-9001821} Page 2 of 14 Page 24 of 544 APPENDIX C FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that I am the Mayor of the City of Boynton Beach, or authorized agent of the City of Boynton Beach, Florida (the "City"); as such, I have satisfied myself that all property included or includable on the non-ad valorem assessment roll for fire rescue services (the "Non-Ad Valorem Assessment Roll") for the City is properly assessed so far as I have been able to ascertain; and that all required extensions on the above-described roll to show the non-ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered to the Palm Beach County Tax Collector by September 15, 2017. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the Palm Beach County Tax Collector and made part of the above described Non-Ad Valorem Assessment Roll, this day of , 2017. CITY OF BOYNTON BEACH, FLORIDA BY: TITLE: [To be delivered to Palm Beach County Tax Collector by September 15] {00196143.1306-9001821} Page 3 of 14 Page 25 of 544 City of Boynton Beach, Florida Fire Assessment Application for Determination of Eligibility for H.E.L.P. FISCAL YEAR 2017-2018 APPLICATION DEADLINE OCTOBER 18, 2017 NAME: (LAST) (FIRST) TELEPHONE # ADDRESS: (STREET) (CITY) (STATE) (ZIP) FOR EACH PERSON WHO RESIDES WITH YOU AT THE ABOVE ADDRESS, LIST THEIR NAME, AGE AND RELATIONSHIP TO YOU BELOW OR ON AN ATTACHED SHEET, IF NEEDED: (NAME) (AGE) (RELATIONSHIP) (NAME) (AGE) (RELATIONSHIP) I CERTIFY THAT I AM A RESIDENTIAL PROPERTY OWNER AND I MEET ONE (1) OF THE CRITERIA CHECKED IN THE BOX BELOW FOR WHICH I AM REQUESTING ELIGIBILITY FOR H.E.L.P. (Provide a copy of your 2017 Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments) (PLEASE CHECK THE APPROPRIATE BOX FOR WHICH YOU ARE REQUESTING ELIGIBILITY FOR H.E.L.P.) ❑ I qualify for the additional homestead exemption for persons 65 and over as noted on the attached Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments authorized pursuant to Florida Statutes Section 196.075. ❑ I qualify for the Florida Homestead Property Tax Deferral Act as noted on the attached Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments authorized pursuant to Section 197.242, et al., Florida Statutes ❑ I am a totally disabled veteran or the surviving spouse of a totally disabled veteran AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.081. (Provide copy of disability letter from the government or a physician) ❑ I am a surviving spouse of first responder who died in the line of duty AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.081. (Provide copy of disability letter from the government or a physician) ❑ I am a disabled veteran confined to a wheelchair AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.091. (Provide copy of disability letter from the government or a physician) ❑ I am permanently and totally disabled AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.101. (Provide copy of disability letter from the government or a physician) ❑ I am permanently and totally disabled first responder AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.102. (Provide copy of disability letter from the government or a physician) ❑ I meet the U.S. Department of Health & Human Services (HHS) Poverty Guidelines listed on Page 2 of this Application. (Provide a copy of your last two (2) years (2015 & 2016) Federal Income Tax Returns -AGI) OR IF YOU DID NOT FILE INCOME TAXES FOR THE PAST(2) YEARS (Provide a copy of your last three (3) months bank and investment statements for all accounts) NOTE: The City may require additional information to determine eligibility. (Please complete and sign Page 2 of this Application) Page 26 of 544 Fire Assessment Application for Determination of Eligibility for H.E.L.P. Page 2 Please explain the financial hardship that makes it difficult or impossible for you to pay this year's Fire Assessment Amount as levied on the attached Notice from Palm Beach County. Under penalty of perjury, I hereby swear or affirm that the information I am submitting is true, complete and correct in order to determine my eligibility for H.E.L.P. Applicant's signature Date DETERMINING IF YOU MEET HHS POVERTY GUIDELINES 2017 HHS Poverty Guidelines PLEASE NOTE WHAT INCOME TO INCLUDE Size of Poverty Income used to calculate if you meet poverty Family Unit Guideline level status includes the following sources: 1 $ 12,060 2 $ 16,240 Wages, unemployment compensation, Social 3 $ 20,420 Security, Supplemental Social Security 4 $ 24,600 Income, public assistance, veterans' 5 $ 28,780 payments, survivor benefits, pension or 6 $ 32,960 retirement income, interest, dividends, rents, 7 $ 37,140 royalties, income from estates, trust, 8 $ 41,320 For each additional erson, add $ 4,180 educational assistance, alimony, child support, Source: Federal Register, Vol. 82, No. 19, assistance from outside the household, and January 31, 2017, pp. 8831-8832 other miscellaneous sources. CITY REVIEW PROCESS: ➢ Applicant submits application to City of Boynton Beach, Financial Services Department, P.O. Box 310, Boynton Beach FL 33425-0310 delivered no later than October 18, 2017 ➢ The Hardship Waiver will be reviewed by the City's Finance Director or his or her designee (Reviewing Official). ➢ Once the Reviewing Official makes a determination, the applicant will be notified in writing of the Reviewing Official's decision. The decision of the Reviewing Official is final. PLEASE SIGN AND RETURN THIS COMPLETED APPLICATION, ALONG WITH YOUR 2017 TAX NOTICE FROM PALM BEACH COUNTY AND THE REQUIRED DOCUMENTATION FOR THE BOX CHECKED ON PAGE 1 OF THIS APPLICATION TO: City of Boynton Beach Financial Services Department P.O. Box 310— 100 East Boynton Beach Blvd. Boynton Beach, FL 33425-0310 (561) 742-6310 Page 27 of 544 The Palm Beach Post kr� Beach Gaily News dear PROOF OF PUBLICATION STATE OF FLORIDA PUBLIC NOTICE Before the undersigned authority, personally appeared Tiffani Everett, who on oath, says that he/she is a Legal Advertising Representative of The Palm Beach Post, a daily and Sunday newspaper, published in West Palm Beach and distributed in Palm Beach County, Martin County, and St. Lucie County, Florida; that the attached copy of advertising for a P-Main Legal ROP was published in said newspaper on: first date of Publication 08/18/2017 and last date of Publication 08/18/2017. Affiant further says that the said The Palm Beach Post is a newspaper published in West Palm Beach, in said Palm Beach County, Florida and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper. BOYNTON BEACH, CITY OF 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435-3838 Invoice/Order Number: 0000197621 Ad Cost: $1,575.00 Paid: $0.00 Balance Due: $1,575.00 a Signed (Legal Advertising Agent) Sworn or affirmed to, and subscribed before me, this 21 st day of August. 2017 in Testimony whereof, I have hereunto set my hand and affixed my official seal,the day and year aforesaid. �,ttrt-t 44urf "-VICKY LEE FLANNERY Signed �` `. NOTARY PUBLIC STATE OF OHIO + $ R Comm. Expires Please see Ad on following - '�T* -1 -2 �'/Fi n n tO\ \\\ Page 1 of 4 Page 28 of 544 NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE SPECIAL ASSESSMENTS Notice is hereby given that the City Commission of the City of Boynton Beach will conduct a public hearing to consider the impos;tion of annuai fire rescue special assessments for the provision of fire rescue services within the municipal boundaries of the City of Boynton Beach. The hearing will be held at 6:30 p.m.,on September 7,2017,in the Commssion Chamcers or City Hall,100 East Boynton Beach Boulevard,Boynton Beach,Florida,for the purpose of receiving public comment on the proposed assessments.All affected property owners have a right to appear at the hearing arc to+ile written objections w;th the C!ty Commission within 20 days of this notice. !,c person decides to appeal any decision made by the Cly Commission with respect to any matter considered at the hearing,such person will need a-ecord of the proceedings and racy need to ensure that a verbaFm record'is made,Including the testimony and evidence upon which the appeal is to be made.In accordance with the Americans with Disabilities Ad,persons needing a specal accommodation or an interpreter to participate it this proceeding should contact the City Clerk's Office at(561 j 742-6060,at least three days prior to the date of the hearing. The assessment for each parcel of property will be based upon each parcel's classif±,cation and the total number of billing units attributed to that parcel.The proposed fire rescue assessment schecluie for Fiscal Year 2017-2018 is as follows: Property Use Category Rate Per Dwelling Unit Residentiol $120.00 Non-Residentiai Property Use Categories Rate Per Square Foot Commercial $0.27 Industrial/Warehouse $0.06 Institutional $0.30 Nursing Home $0.30 Copies oF'he Fire Rescue Assessment Ordinance,the Initial Assessment Resolution, the Prs!imirary Rate Resolution,and the Preliminary Assessment Roll are available for inspection at the City Clerk's Office in City Hall, located at 100 East Boynton Beach Boulevard,Boynton Beach,Florida The fire rescue non-ad valorem assessmert will be collected on the ad valorem tax bill to be mailed in November 2017,Failure to pay the assessments will cause a tax certificate to be issued against the property,which may result in a loss of title. f you have any questions, please contact the Finance 'Department at (561)742-6310,Monday through Friday between 8:00 a.m.and 5:00 p.m. GRIDCity ®f oyntion peach HYPeluxo Rd........ .r iv Mine.'Rdt 1 1 ..w i a elya •w,{Gau.y arva f - Me.nn lutner a Blvd /' ^� f .1 W Boynton BeacM1 Bled _ E Ocean A•e! � j i m 1 W Wa-xlbr'.pM ftd r• ! a' WoolbaBM1h Ra n r i v WR]rd Ave "" 1 .^....,.'...._.,." C �`•� Legend i•" ti ��r Commission eislricls a i,._........._........____.._�..�...,.._....' CITY COMMISSION CITY OF BOYNTON BEACH,FLORIDA Page 29 of 544 2.B. OTHER 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: Conduct First Public Budget Hearing for FY 2017/2018 Proposed Millage and Annual Operating Budget. PROPOSED RESOLUTION NO. R17-080-Adopt the proposed millage rate for the General Fund for Fiscal Year 2017-2018. PROPOSED RESOLUTION NO. R17-081 -Adopt the Tentative Budget for the General Fund and all other funds for Fiscal Year 2017-2018. EXPLANATION OF REQUEST: Staff will provide a budget overview(power point). As a result of the Budget Workshops that were held on July 17th and 18th, 2017 the City Commission approved a proposed millage rate of 7.9000 mills. Also the following changes have been incorporated into the proposed budget of$83,347,977 to a tentative budget of $82,241,077 after the Budget Workshops. 1) Adjustments to Various General Fund Revenue: • Decrease transfer from Sanitation ($400,000) • Transfer from Traffic Safety Fund $100,000 • Increase ILA-CRA Neighborhood Policing $ 75,000 2) Adjustment to Fund Balance Appropriation for General Fund: • Increase $118,100 from City Mgr proposed amount of$0 to a needed fund balance appropriation of $118,100. 3) Adjust following departments: • Police (Div 2110)-TFR staff to Traffic Fund ($181,900) • Police (Div2110)-Add'I person-neighborhood policing $ 75,000 The proposed FY 17/18 General Fund Budget is $83,241,077 compared to the adopted FY 16/17 General Fund Budget of$79,401,314, an increase of$3,839,763 or 4.8%. Based on commission decisions since the July budget workshops, the following changes have been incorporated into the proposed tentative budget. 1) Budgeted the Traffic Safety Special Revenue Fund in the amount of $1,067,500; Revenue-Fines $1,040,000 Revenue-Admin Fees $ 27,500 Expenses: Personnel $ 181,900 Legal $ 10,000 Equipment lease $ 765,000 Operating costs $ 10,600 Page 30 of 544 Transfer to General Fund $ 100,000 2) Reduced the Solid Waste Enterprise Fund from$11,034,288 to $10,574,288. 3) Increased General Government Capital Improvement Funds from $5,827,164 to $5,999,512. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The annual budget provides appropriations to provide City services. FISCAL IMPACT: Budgeted Adoption of the millage rate and budget allows for appropriations to provide City services. ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Resolution Reso Proposed Millage 17/18 D Resolution Reso® Tentative Budget 17/18 Page 31 of 544 I RESOLUTION R17- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA ADOPTING A PROPOSED MILLAGE RATE 5 FOR THE CITY'S GENERAL OPERATING FUND FOR 6 THE FISCAL YEAR BEGINNING OCTOBER 1, 2017 AND 7 ENDING SEPTEMBER 30, 2018, ANNOUNCING THE 8 PERCENT, IF ANY, THE PROPOSED MILLAGE RATE 9 EXCEEDS THE ROLLED-BACK RATE; ANNOUNCING 10 THE DATE, TIME AND PLACE OF THE SECOND AND 11 FINAL PUBLIC HEARING ON THE BUDGET AND 12 MILLAGE RATE; PROVIDING FOR SEVERABILITY, 13 CONFLICTS AND PROVIDING AN EFFECTIVE DATE. 14 15 WHEREAS, a tentative budget has been prepared estimating expenditures and 16 revenues of the City of Boynton Beach, Florida, for the ensuing year, with detailed 17 information, including revenues to be derived from sources other than ad valorem levy, and 18 the administrative staff of the City has made recommendations as to the amount necessary 19 to be appropriated for the ensuing year; and 20 WHEREAS, the City Commission has conducted a public hearing and considered 21 the recommendations, the suggested tentative budget, and the proposed millage necessary to 22 be levied to carry on the government of the City for the ensuing year; 23 WHEREAS, the City of Boynton Beach, Florida, has followed the procedures as 24 outlined in Florida Statutes Section 200.065. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE 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. 30 Section 2. The proposed Millage Rate for the 2017-2018 Fiscal Year shall be 31 7.9000 for the General Fund. 32 Section 3. A copy of the tentative budget shall be published in one issue of a Page 32 of 544 33 newspaper published in Palm Beach County, Florida, and at the same time the public will be 34 notified of a public hearing to be held on the 19th day of September, 2017, at 6:30 P.M. for 35 the purpose of hearing suggestions, agreements, objections or criticisms of the tentative 36 budget and millage. This meeting is for the purpose of setting a final tax levy and final 37 budget. 38 Section 4. The proposed millage rate is 6.43 % above the computed rolled 39 back rate of 7.4224 40 Section 5. If any clause, section, or other part of this Resolution shall be held by 41 any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 42 invalid part shall be considered as eliminated and shall in no way affect the validity of the 43 other provisions of this Resolution. 44 Section 6. This Resolution shall become effective immediately upon passage. 45 PASSED AND ADOPTED this day of , 2017. 46 CITY OF BOYNTON BEACH, FLORIDA 47 YES NO 48 49 Mayor— Steven B. Grant 50 51 Vice Mayor—Justin Katz 52 53 Commissioner—Mack McCray 54 55 Commissioner—Christina L. Romelus 56 57 Commissioner—Joe Casello 58 59 VOTE 6o ATTEST: 61 62 63 Judith A. Pyle, CMC 64 City Clerk 65 66 67 (Corporate Seal) Page 33 of 544 I RESOLUTION R17- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ADOPTING A TENTATIVE BUDGET FOR THE 5 FISCAL YEAR BEGINNING OCTOBER 1, 2017, AND 6 ENDING SEPTEMBER 30, 2018; PROVIDING FOR 7 SEVERABILITY, CONFLICTS, AND AN EFFECTIVE 8 DATE. 9 10 WHEREAS, a tentative budget has been prepared by the City Manager estimating 11 expenditures, transfers, and revenues of the City of Boynton Beach for the ensuing year, 12 with detailed information, including revenues to be derived from sources other than the ad 13 valorem tax levy, and she has made recommendations as to the amount necessary to be 14 appropriated for the ensuing year; and 15 WHEREAS, the City Commission of the City of Boynton Beach has conducted a 16 public hearing in accordance with s. 200.065 Florida Statutes on the City's tentative budget 17 and the proposed millage rate. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA: 20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption 22 hereof. 23 Section 2. That the tentative budget of the City of Boynton Beach, Florida, for 24 the fiscal year beginning October 1, 2017 and ending September 30, 2018, a copy of which 25 is attached hereto, is hereby adopted and the appropriations set out therein are hereby made 26 to maintain and carry on the government of the City of Boynton Beach, Florida. 27 Section 3. There is hereby appropriated the sum of $ 83,241,077 to the 28 General Fund for the payment of operating expenditures, transfers to other funds, and 29 necessary capital outlays for the City Government pursuant to the terms of the above budget. 30 Section 4. That there is hereby appropriated the sum of$ 1,067,500 to the 31 Traffic Safety Special Revenue Fund for the payment of operating expenditures, transfers 32 to other funds, and necessary capital outlays. 33 1 Page 34 of 544 34 Section 5. That there is hereby appropriated the sum of$ 1,300,000 to the 35 Local Option Gas Tax Special Revenue Fund for the payment of operating expenditures, 36 transfers to other funds, and necessary capital outlays. 37 Section 6. That there is hereby appropriated the sum of $ 238,756 to the 38 Community Improvements Special Revenue Fund for the payment of operating 39 expenditures, transfers to other funds, and necessary capital outlays. 40 Section 7. That there is hereby appropriated the sum of$ 237,397 to the 41 Public Arts Special Revenue Fund for the payment of operating expenditures, transfers to 42 other funds, and necessary capital outlays. 43 Section 8. That there is hereby appropriated the sum of $ 768,399 to the 44 Recreation Program Special Revenue Fund for the payment of operating expenditures, 45 transfers to other funds, and necessary capital outlays. 46 Section 9. That there is hereby appropriated the sum of$ 9,500,000 to the 47 Public Service Tax Debt Service Fund for the purpose of payment operating expenditures, 48 transfers to other funds, and the principal and interest due on the public service tax bonds of 49 the City not subject to statutory exemptions and for redeeming such bonds as they mature. 50 Section 10. That there is hereby appropriated the sum of$ 1,384,890 to the 51 General Capital Improvement Capital Projects Fund for the payment of transfers to 52 other funds and capital outlays pursuant to the terms of the above budget. 53 Section 11. That there is hereby appropriated the sum of$ 4,614,622 to the 54 Local Government Surtax Capital Projects Fund for the payment of transfers to other 55 funds and capital outlays pursuant to the terms of the above budget. 56 Section 12. That there is hereby appropriated the sum of $ 66,183 to the 57 Parks & Recreation Facilities Trust Fund for the payment of transfers to other funds and 58 capital outlays pursuant to the terms of the above budget. 59 Section 13. That there is hereby appropriated the sum of$ 46,543,793 to the 60 Water and Sewer Utility Enterprise Fund for operating expenditures, debt service, 61 transfers to other funds, and necessary capital outlay. 62 63 2 Page 35 of 544 64 Section 14. That there is hereby appropriated the sum of$ 27,527,200 to 65 the Water and Sewer Utility Capital Improvement Enterprise Fund for the payment of 66 capital outlays pursuant to the terms of the above budget. 67 Section 15. That there is hereby appropriated the sum of$ 1,818,573 to the 68 Golf Course Enterprise Fund for operating expenditures, transfer to other funds, and 69 necessary capital outlays. 70 Section 16. That there is hereby appropriated the sum of$ 10,574,288 to the 71 Solid Waste Enterprise Fund for the payment of operating expenditures, transfers to other 72 funds and necessary capital outlays. 73 Section 17. That there is hereby appropriated the sum of$ 8,201,907 to the 74 Fleet Maintenance Internal Service Fund for the payment of operating expenditures, 75 transfers to other funds, and necessary capital outlays. 76 Section 18. That there is hereby appropriated the sum of $ 365,743 to the 77 Warehouse Internal Service Fund for the payment of operating expenditures, transfers to 78 other funds, and necessary capital outlays. 79 Section 19. That there is hereby appropriated the sum of$ 5,287,783 to the 80 Self-Insurance Internal Service Fund for the payment of operating expenditures, transfers 81 to other funds, and necessary capital outlays. 82 Section 20. That there is hereby appropriated the sum of $ 338,505 the 83 Cemetery Special Revenue Fund for the payment of operating expenditures, transfers to 84 other funds, and necessary capital outlays. 85 Section 21. A copy of the tentative budget summary shall be published in one 86 issue of a newspaper published in Palm Beach County and at the same time the public will 87 be notified of a public hearing to be held on the 19th day of September, 2017, at 6:30 P.M. 88 for the purpose of hearing suggestions, agreements, objections or criticisms of the final 89 budget and millage. This meeting is for the purpose of setting a final ad valorem tax levy 90 and final budget. 91 Section 22. All delinquent taxes collected during the ensuing fiscal year as 92 proceeds from levies of operation millages of prior years are hereby specifically 93 appropriated for the use of the General Fund. 3 Page 36 of 544 94 Section 23. If any clause, section or other part of this Resolution shall be held by 95 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 96 or invalid part shall be considered as eliminated and shall in no way affect the validity of the 97 remaining portions of this Resolution. 98 Section 24. All Resolutions or parts of Resolutions in conflict herewith are hereby 99 repealed to the extent of such conflict. 100 Section 25. This Resolution shall become effective immediately upon passage. 101 102 PASSED AND ADOPTED this day of , 2017. 103 104 105 CITY OF BOYNTON BEACH, FLORIDA 106 107 YES NO 108 109 Mayor— Steven B. Grant 110 111 Vice Mayor—Justin Katz 112 113 Commissioner—Mack McCray 114 115 Commissioner—Christina L. Romelus 116 117 Commissioner—Joe Casello 118 119 120 VOTE 121 122 ATTEST: 123 124 125 126 Judith A. Pyle, CMC 127 City Clerk 128 129 130 131 (Corporate Seal) 132 133 4 Page 37 of 544 2.C. OTHER 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 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: Page 38 of 544 5.A. ADMINISTRATIVE 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: Authorize City Commissioners to travel to Tallahassee, FL to attend Palm Beach County Days 2018, January 9-10, 2018. EXPLANATION OF REQUEST: The annual Palm Beach County Days will be held in Tallahassee, FL, January 9 & 10, 2018. The County has posted a "Save the Date" notice on the County website. We would anticipate that Commission members would travel on Monday, January 8th and return on Thursday, January 11th. Registration is est. at$150 per person, the hotel is est. at about$220 per night, airfare would probably be around $500, and additional expenses of about$140 for a total of approximately $1,450 per Commissioner. Staff will coordinate and secure travel arrangements for the Commissioners that are approved to attend. 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? There is a CRA Board Meeting on Tuesday, January 9, 2018. It may need to be moved. FISCAL IMPACT: Budgeted At an estimated cost of$1,450 per attendee the costs would be: 1 attendee - $1,450 2 attendees- $2,900 3 attendees- $4,350 4 attendees- $5,800 5 attendees- $7,250 Costs would be paid from line item 001-1110-511-40-12. ALTERNATIVES: Do not authorize any Commissioners to travel to PBC Days. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 39 of 544 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment PBC Days were the Date D Attachment City Commission Travel Policy Page 40 of 544 Palm Beach County Day Page 1 of 2 PBC DAY n Register here,soon! January 9.10, 2018 KRPH JDOOHU\ 0 Z VOHWWHU� -i Save the iL. �� Fy�,�ES9n�4 E� CRY C ��RSS spar�4� January 9®10, 2018w..m�. Palm Beach County 2018 t TUB Register Here! DATE JAKUO'RY Y-10,'209$ !E - 534 : kr�\ry A �s i �i�u�., Page 41 of 544 http://www.pbcgov.org/pbcdays/html/gallery.htm 8/28/2017 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 42 of 544 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 43 of 544 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 44 of 544 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 45 of 544 5.B. ADMINISTRATIVE 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 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: 2 Alts Building Board of Adjustments&Appeals: 3 Regs and 2 Alts Employee Pension Board: 1 Reg Library Bd: 1 Alt Senior Advisory Bd: 1 Alt 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 46 of 544 ATTACHMENTS: Type Description D Amendment Appointments Page 47 of 544 APPOINTMENTS AND APPLICANTS FOR SEPTEMBER 7, 2017 Arts Commission Mayor Grant Alt 1 yr term to 12/17 Tabled (3) 1 Katz Alt 1 yr term to 12/17 Tabled (3) Applicants None 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) 11 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 Employee Pension Board Mayor Grant Reg 3 yr term to 12/17 Applicants None Library Board I Katz Alt 1 yr term to 12/17 Applicants None Senior Advisory Board Mayor Grant Alt 1 yr term to 12/17 Tabled (2) Applicants Nor.e Page 48 of 544 6.A. CONSENTAGENDA 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-082-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 49 of 544 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 Stanzione, Tammy Approved 8/29/2017® 10:33 AM Finance Howard, Tim Approved 8/29/2017® 10:37 AM Legal Swanson, Lynn Approved 8/29/2017® 3:17 PM City Manager LaVerriere, Lori Approved 8/30/2017® 4:39 PM Page 50 of 544 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\92BF5125-E003-4CDD-8EB3-E995F7989F43\Boynton Beach.6544.1.Nuisance Abatement for 090717 - Reso.doc Page 51 of 544 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\92BF5125-E003-4CDD-8EB3-E995F7989F43\Boynton Beach.6544.1.Nuisance Abatement for 090717 - Reso.doc Page 52 of 544 ' rst1rrr ' s List lte. r; isla „ Adrss" i 1 Adrss Li'r�e Case Boynton Beach, FL Abraham Cowrie 3150 Orange Street 33435 16-1655 Boynton Beach, FL Abraham Cowrie 3150 Orange Street 33435 Benjamin L. Ho 14272 Deste Ct Apt. 302 Lake Worth, FL 33467 16-1531 John Mirucki 4572 Holly Lake Drive Lake Worth, FL 33463 16-1802 Houston,TX 77081- Zevel LLC 4828 Loop Centeral Drive 2212 17-124 Jeanne& Hock Ka D lGo 1 1801 NE 76th ST Boca Raton, FL 33487 17-149 Page 53 of 544 08-43-45-09-13-008-0221 40423 1$288.09 $ 318.09 08-43-45-09-13-008-0221 40422 $350.00 $ 380.00 08-43-45-21-32-008-0010 40607 $888.09 $ 918.09 08-43-45-21-18-000-0360 41187 1$1,088.09 $ 1,118.09 08-43-45-21-14-000-2921 41188 $538.09 $ 568.09 08-43-45-21-07-001-1790 41047 $363.09 $ 393.09 1" V $ 3,695.45 Page 54 of 544 6.B. CONSENTAGENDA 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. 17-083-Authorize the Mayor to sign an easement agreement between the City of Boynton Beach and Florida Power & Light Company for a perpetual easement to facilitate the undergrounding of electrical utility facilities along NE 6th Court and Boynton Beach Boulevard as a part of the Ocean One project. EXPLANATION OF REQUEST: On April 4, 2017 the City Commission approved the site plan (NWSP 16-002) for the Ocean One project. The developer, as a condition of the approval, has agreed to replace existing street lighting adjacent to site's frontage with underground decorative street lighting along NE 6th Court and Boynton Beach Boulevard. To facilitate this, FPL has required a perpetual easement for the installation, construction, operation and maintenance of underground electrical utility facilities, including wires, poles, guys, cables, conduits, and appurtenant equipment upon, on, over, across, and under the portion of the NE 6th Court and Boynton Beach Boulevard right of way as depicted in Exhibit"A" of the easement agreement. Staff has reviewed the easement language and believes the easement agreement is in the best interest of the City. Staff recommends approval of the easement agreement. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The undergrounding of existing electrical utilities lines along NE 6th Court and Boynton Beach Boulevard will enhance the Ocean One project and surrounding neighborhood by removing unsightly overhead lines as well as improve protection of electrical facilities in the event of a wind storm event. FISCAL IMPACT: Budgeted There is no fiscal impact to the City as all costs will be borne by developer. ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 55 of 544 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Easement Agreement with FPL D Agreement Ocean One Easement Agreement REVIEWERS: Department Reviewer Action Date Public Works-Engineering Livergood, Jeffrey Approved 8/15/2017® 9:08 AM Legal Swanson, Lynn Approved 8/30/2017® 10:38 AM Finance Howard, Tim Approved 8/30/2017® 1:00 PM City Manager LaVerriere, Lori Approved 8/30/2017® 4:40 PM Page 56 of 544 1 RESOLUTION R17- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING AN EASEMENT 5 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH 6 AND FLORIDA POWER & LIGHT FOR A PERPETUAL 7 EASEMENT TO FACILITATE THE UNDERGROUNDING OF 8 ELECTRICAL UTILITY FACILITIES ALONG NORTHEAST 6TH 9 COURT AND BOYNTON BEACH BOULEVARD AS A PART OF 10 THE OCEAN ONE PROJECT; AUTHORIZING THE MAYOR TO 11 SIGN THE EASEMENT AGREEMENT; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, on April 4, 2017, the City Commission approved site plan (NWSP 15 16-002)for the Ocean One project; and 16 WHEREAS, the developer, as a condition of the approval, has agreed to replace 17 existing street lighting adjacent to site's frontage with underground decorative street 18 lighting along NE 6th Court and Boynton Beach Boulevard; and 19 WHEREAS, FPL has required a perpetual easement for the installation, 20 construction, operation and maintenance of underground electrical utility facilities as 21 depicted in Exhibit"A" of the easement agreement; and 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 23 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 25 as being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 28 hereby approve the granting of a Utility Easement from the City of Boynton Beach to the 29 Florida Power& Light to facilitate the undergrounding of electrical utility facilities along NE C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\123A6BC7-CE80-4F38-B7BB-9E4A16136F80\Boynton Beach.6547.LUtility_Easement (FPL NE_6th_Court)_-_Reso.Doc Page 57 of 544 30 6th Court and Boynton Beach Boulevard as part of the Ocean One project; and authorizes the 31 Mayor to sign the Utility Easement Agreement, a copy of which is attached hereto as Exhibit 32 "A". 33 Section 3. This Resolution will become effective immediately upon passage. 34 PASSED AND ADOPTED this day of , 2017. 35 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 YES NO 39 40 Mayor— Steven B. Grant 41 42 Vice Mayor—Justin Katz 43 44 Commissioner—Mack McCray 45 46 Commissioner—Christina L. Romelus 47 48 Commissioner—Joe Casello 49 50 51 VOTE 52 53 ATTEST: 54 55 56 57 Judith A. Pyle, CMC 58 City Clerk 59 60 61 62 (Corporate Seal) C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\123A6BC7-CE80-4F38-B7BB-9E4A16136F80\Boynton Beach.6547.LUtility_Easement (FPL NE_6th_Court)_-_Reso.Doc Page 58 of 544 This instrument prepared by: David N. Tolces,Esquire Goren, Cherof,Doody&Ezrol,P.A. 3099 E.Commercial Boulevard Suite 200 Fort Lauderdale,FL 33308 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ("Agreement") made this day of , 2017,by and between Florida Power& Light Company, a Florida corporation, its affiliates, licensees, agents, successors, and assigns ("FPL") whose address is P.O. Box 14000 Attn: CRE/JB, Juno Beach, Florida 33408-0420, and the City of Boynton Beach, a Florida municipal corporation, ("CITY") whose address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435-7934; RECITALS: WHEREAS, the CITY is the owner of that certain real property located in Boynton Beach,Florida, more particularly described on attached Exhibit A("Property"); WHEREAS, the CITY desires to grant a perpetual easement to FPL for the installation, construction, operation, and maintenance of overhead and underground electrical utility facilities, including wires,poles, guys, cables, conduits, and appurtenant equipment (collectively "Facilities") upon, on, over, across, and under the portion of the Property depicted on attached Exhibit"A" ("Easement Area")to provide electricity to properties located within the CITY; WHEREAS, once installed, the Facilities will be maintained by FPL, and, if necessary, further replaced by FPL; and WHEREAS,the parties hereto have concluded that the most efficient manner in which to achieve the purposes and goals set forth above would be through the entering into this Agreement, together with granting FPL a right of entry on to the Property for the installation, construction, operation, and maintenance of the Facilities, in accordance with the terms of this Agreement; NOW, THEREFORE, in consideration of the mutual promises contained herein and Ten and No/100 ($10.00) Dollars and other good and valuable consideration, the receipt, sufficiency, and adequacy of which is hereby acknowledged,the parties hereto agree as follows: 1. The aforesaid recitals are true and correct and are incorporated herein by this reference. 2. The CITY hereby grants and conveys to FPL a permanent perpetual easement for the installation, construction, operation, and maintenance of the Facilities to be installed from [00123021.2 3 0&900182 1} Page 59 of 544 time to time, with the right to reconstruct, improve, add to, enlarge,change the voltage as well as the size of and remove such Facilities or any of them within the Easement Area, together with the right to permit FPL to attach or place wires to or within any facilities hereunder and lay cable and conduit within the Easement Area, and to operate the same for FPL's communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area, which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; the right to trim and cut and keep trimmed and cut all dead, weak, leaning, or dangerous trees or limbs outside of the Easement Area, which might interfere with or fall upon the lines or systems of communications or power transmission or distribution. 3. This Agreement is a permanent perpetual easement and shall not be changed, altered or amended except by an instrument in writing executed by FPI, and the CITY or their respective successors and assigns. 4. The CITY further agrees to sign any applications and documents for any permits which FPL may be required to submit to any local, state, or federal agency in association with the installation and maintenance of the Facilities. FPL agrees to pay any and all fees associated with obtaining any permits from any local, state, or federal agency for the installation of the Facilities. S. In association with the CITY's grant and conveyance of this Agreement, the CITY shall use its best good faith efforts to obtain a consent and subordination agreement from any person or corporation that holds a mortgage or other property interest in the Property. 6. FPL shall ensure that any portion of the Property damaged by FPL pursuant to this Agreement is returned to as near as its original condition as practical by FPL as of the date FPL commenced such use, at the FPL's own cost, provided such damage is not caused by the City's negligence. This includes any pavement improvements and related roadway improvements removed as part of FPL's installation of the Facilities. 7. The perpetual easements and all conditions and covenants set forth herein are intended to be and shall be construed as covenants running with the land, binding upon and inuring to the benefit of FPL and the CITY, as the case may be, and their respective heirs, successors and assigns, including, without limitation, all subsequent owners and/or tenants of the Easement Area,the Property, and all persons claiming by,through and under them. 8. In the event of any litigation in connection with this Agreement, the prevailing party shall be entitled to recover court costs and reasonable attorney's fees. 9. If any provision in this Agreement shall be determined to be invalid by a court of competent jurisdiction,then such provision or determination shall not affect any other provisions of this Agreement, all of which other provisions shall remain in full force and effect. 10. The CITY represents and warrants that it is lawfully seized and possessed of the Easement Area and Property, that it has a good and lawful right to convey the easements set forth in this Agreement,and that the Property and Easement Area is free from all encumbrances. 100123021,2 306-4001821} Page 60 of 544 Signed and Sealed the day and year first above written. ATTEST: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida By: Judith A. Pyle, City Clerk Steven B. Grant, Mayor Approved as to Form: (SEAL) Office of the City Attorney STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of 20 , by Steven B. Grant, as Mayor of the City of Boynton Beach who is personally known to me or has produced as identification. My Commission expires: Notary Public, State of Florida Printed Name of Notary Public {0012302].2 306-90018211) Page 61 of 544 Signed,sealed and delivered in FLORIDA POWER&LIGHT COMPANY, the presence of a Florida Corporation Area Real Estate BY: Qlh Samantha J. Sauder Sign Name Membp Print Name Signature Sign Name 1aft HuR Print Name STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 3"A day of 2017 by Samantha I Saucier as Arm Real ktgte ida Power & Light Com y,' a Florida corporation who is personally known to me or has produced a r da Driver's License as identification. NOTARY PUBLIC ,W Ave Nola r. rY Public State Of Florida Apt AR Michelle M Kahmann MY COMMISSion IT 901463 Expires 0911012010 (00123D21.2 306-9U01821) Page 62 of 544 Exhibit A Property,Easement Area (00123021.2306-9001821) Page 63 of 544 Its 947 Clint Moore RoadTel:(561)241-9988 Boca Raton,Florida 33487 S U R V E Y I N G MAPPING P P f N G Fax: 561 Cerl;Flcate o!Auihotlza {lion No.L67264 )241-5182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) OCEAN ONE — TEN FOOT WIDE F.P.L. EASEMENT LEGAL DESCRIPTION A 10.00 FCOT WIDE STRIP OF LAND BEING A PORTION OF BOYNTON BEACH BOULEVARD AND N.E. 6TH COURT IN THE NORTHWEST ONE-QUARTER OF SECTION 27, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, INCLUDING PORTIONS OF LOTS 1 THROUGH 6, "FUNK BROS. ADDITION TO THE TOWN OF BOYNTON", AS RECORDED IN PLAT BOOK 2 AT PAGE 13 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF LOTS 39, 41 AND 42 "DEWEY'S SUBDIVISION", AS RECORDED IN PLAT BOOK 1 AT PAGE 37 OF SAID PUBLIC RECORDS, ALL IN ACCORDANCE WITH THE "AGREEMENT PLAT", AS RECORDED IN PLAT BOOK 10 AT PAGE 2 OF SAID PUBLIC RECORDS, THE CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS- COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27; THENCE NORTH 890 5538" EAST, ALONG THE NORTH LINE OF SAID SECTION 27, A DISTANCE OF 60.70 FEET; THENCE SOUTH 000 04'22" EAST, A DISTANCE OF 30.02 FEET TO THE POINT OF BEGINNING 1 OF SAID STRIP OF LAND (SAID POINT LYING ON A LINE 60.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SECTION 27; THENCE NORTH 88* 37'00" EAST, A DISTANCE OF 0.68 FEET TO A POINT LYING ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS SOUTH 550 32'51" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 550 28'29", A DISTANCE OF 29.05 FEET TO THE POINT OF TANGENCY; THENCE NORTH 89' 55'38" EAST, ALONG A LINE 17.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 27, A DISTANCE OF 221.56 FEET; THENCE SOUTH 800 36'22" EAST, A DISTANCE OF 30.40 FEET; THENCE SOUTH 12° 29'07" EAST, A DISTANCE OF 33.79 FEET; THENCE SOUTH 01. 43'30" EAST, ALONG A LINE 2.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID LOTS 39 AND 42, A DISTANCE OF 170.76 FEET; THENCE SOUTH 00*05'18" EAST, A DISTANCE OF 70.03 FEET TO A POINT TO BE KNOWN AS REFERENCE POINT A; THENCE SOUTH 010 43'30" EAST, ALONG SAID WEST LINE OF LOTS 39 AND 42, A DISTANCE OF 95.00 FEET TO THE POINT OF TERMINATION. TOGETHER WITH: CERTIFICATION [HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 5J-17.051,FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEFPREP, D UNDER MY DIRECTION. SU OR AND MAPPER FLORIDA LICENSE NO. LS5111 rJcshrojact Nwei OCEAN ONE DATE, 05/17/2No. 04175 Dwa M JSH GK'D er JEN SHEET t 4F 3 Page 64 of 544 i gp) 5 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) BEGINNING (2) AT THE AFOREMENTIONED REFERENCE POINT A; THENCE SOUTH 88° 16'30" WEST, A DISTANCE OF 15.00 FEET TO THE POINT OF TERMINATION. 3 SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA. f NOTES 1. ' REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL. RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION. i 3. BEARINGS SHOWN HEREON ARE BASED ON THE WEST LINE OF THE NORTHWEST ONE- QUARTER OF SECTION 27,HAVING A BEARING OF NORTH 01-23'00" WEST. ACCORDING TO THE STATE PLANE COORDINATE SYSTEM, STATE OF FLORIDA, EAST ZONE, NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT. ABBREVIATIONS k L ARCLENGTH CONC. - CONCRETE COR, CORNER D DELTA (CENTRAL ANGLE) L,B. - LICENSED BUSINESS L.S. LICENSED SURVEYOR O,R.B. OFFICIAL RECORDS BOOK P.0.8. • POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT P.B. PLAT BOOK P.B.C.R. PALM BEACH COUNTY RECOROS PG. PACE P.S.M. PROFESSIONAL SURVEYOR B MAPPER R/W RIGHT-OF-WAY i I 3 3 JAB N0. 114175 Project Nome OCEAN ONE AWG ave JSH __ scAl€ NIA — — "wr av® JEK acre, 05/19/2017 SHEET 2 OF 3 a .f Page 65 of 544 F P.O.C. SKETCH AND LEGAL DESCRIPTION fNW CORNER (NOT A SURVEY) SECTION 27-45-43 _. (NOT FOUND) N89" 55'38"E 60.70' � N880 37100"E BOYNTON BEACH BOULEVARD 0,68' _ _ �"�' N LINE SECTION 27-45-43 P.0.B.1 -- — S80 36'22"E 30.40 F ___ -� S120 29'07"E 33.79' Lil ------ S00°04'22'E 0 1 L -R=30.00'- 1- ' 30.02' ` '_ __~ _LST D-55'D-55 28'29 P I 11 S55a 32'51' E RADIAL LOT 2 -t, , 1 I N+ 50 C FPL EASEMENT LOT 3 I fl (ORB 19094,PG. 1699)- �ITZ "AGREEMENT PLAT" (P,B. 10, PG. 2) L 4 j _ "FUNK BROS. ADDITION" I' I -- -(P-,s:-2.-P6-�3�- --- ------ -i� SOO° 05'18"E__ k 70.03' ` I <. `off LOT 5 S88' 16'30"W E NY z 15.09! REF'.PT.A 0 — ;r- - _ P.O.T. I P.0.B.2 O' Q©�D LOT 6 V) I o ��Ln> �.�I� a3m�o _ C,, I la w I Iz I m -� pzp�o .0 "AGREEMENT PLAT" P.O.T• z rn -�mm � �" -4 (P.B. 10, PG. 2) - cu-<r- c:> �0 LOT 41 y 0) v10 ��C "DEWEY'S SUBDIVISION" -i -0U CA iN (P.B. 1, PG. 37) ! n i 50' 0 J�n Cn od ^N f 15 I 25 ,_------ S. LINE LOT 41 OCEAN AVENUE (SR 804) I'm ND. 04175 Pralect No rel OCEAN ONE I On BY, JSH ISMEI V,80' CK'D ey, JEK DATE. 05/19/2017 i SHEET 3 OF 3 1 Page 66 of 544 6.C. CONSENTAGENDA 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. 17-084- Ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their August 3, 2017 meeting and give authorization to do the following: 1. Establish wastewater user rate at 1.07/1,000 Gal (O&M rate of $1.02/1,000 Gal and R&R Reserves Rate of$0.05/1,000 Gal) to Delray Beach and Boynton Beach for Fiscal Year 2017/2018; 2. Establish reclaim user rate at $0.17/1,000 Gal to consumers Delray Beach, Boynton Beach and South Central Regional for Fiscal year 2017/2018; 3. Maintain the reclaim user rate for Hunters Run, County Club of Florida, Quail Ridge, Delray Dunes and Pine Tree for Fiscal year 2017/2018 at$0.2000/1,000 Gallons; 4. Authorize the Fiscal year Capital Improvement Plan and Associated Funding Plan for Fiscal Year 2017/2018; 5. Accept the 2017/2018 Wastewater and Reclaim O&M Budgets. EXPLANATION OF REQUEST: On August 3, 2017, the South Central Regional Wastewater Treatment & Disposal Board held its Regular Quarterly meeting. At that time, the Board took action on the items that are now before the City Commission for ratification. The City Commission ratification is the confirmation process for the action take by the S.C.R.W.T.D. Board. 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 Grant Amount: Page 67 of 544 ATTACHMENTS: Type Description D Resolution Resolution approving the ratification of the SCRWTD Meeting of August 3 2017 D Letter Cover Letter D Ratification Ratification Of August 3, 2017 Page 68 of 544 1 RESOLUTION NO. R17- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, RATIFYING THE ACTIONS TAKEN BY THE 5 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT 6 AND DISPOSAL BOARD, AT THEIR AUGUST 3, 2017 7 QUARTERLY MEETING, AS STATED HEREIN; 8 AUTHORIZING AND DIRECTING THE CITY MANAGER AND 9 CITY CLERK TO SIGN SAID RATIFICATIONS; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board 13 (SCRWTDB) requests ratification of the actions taken by the Board at the Quarterly Meeting of 14 August 3, 2017, as set forth on the attached Exhibit "A", and authorizes the City Manager and 15 Interim City Clerk to execute said Ratifications. 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 17 CITY OF BOYNTON BEACH, FLORIDA THAT: 18 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 19 being true and correct and are hereby made a specific part of this Resolution upon adoption. 20 Section 2. The City Commission does hereby ratify the actions taken by the South 21 Central Regional Wastewater Treatment & Disposal Board on August 3, 2017, as set forth on the 22 attached Exhibit"A, and authorizes the City Manager and City Clerk to sign said Ratifications. 23 Section 3. This Resolution shall take effect immediately upon passage. 24 1 C Trogram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\113FBAA7-FD9E-4CEE-AF7D-ED43B9EDEECC\Boynton Beach.6590.1.SCRWTDB_Quarterly_Meetings_August_2017_Ratification_-_Reso.Doc Page 69 of 544 25 PASSED AND ADOPTED this day of , 2017. 26 27 28 CITY OF BOYNTON BEACH, FLORIDA 29 30 YES NO 31 32 Mayor— Steven B. Grant 33 34 Vice Mayor—Justin Katz 35 36 Commissioner—Mack McCray 37 38 Commissioner—Christina L. Romelus 39 40 Commissioner—Joe Casello 41 42 43 VOTE 44 45 ATTEST: 46 47 48 49 Judith A. Pyle, CMC 50 City Clerk 51 52 53 54 (Corporate Seal) 55 56 2 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\113FBAA7-FD9E-4CEE-AF7D-ED43B9EDEECC\Boynton Beach.6590.1.SCRWTDB_Quarterly_Meetings_August_2017_Ratification_-_Reso.Doc Page 70 of 544 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue a Delray Beach,Florida 33445 ERR Telephone i 1 i I. (561)272-7061 (561)734-2577 Fax:(561)265-2357 oaf www.scrwwtp.org August 11, 2017 -Hand Delivered- Judith Pyle, CMC City Clerk CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 South Central Regional Wastewater Treatment and Disposal Board Ratifications for Sianature 6 Dear Ms. Pyle: Enclosed are two sets of the ratification from South Central Regional's August 3, 2017 Board Meeting as well as the backup information for each item. These items were authorized at the August 3, 2017 Re-Scheduled Quarterly Annual Board meeting. Once these have been approved and signed, please return one set back to our office. If you have any questions, please do not hesitate to contact me. Thank you. Sincerely, Lori A. Osborn, CAP/OM Executive Assistant Enclosures 331330 S.i 'III J 1 K) H3V39 tt Ug JO .k iv Boynton Beach Ratification Letter 08-11-2017 Page 71 of 544 �P�PS-�EWATER rR`cgT��2 4 ca RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF AUGUST 3, 2017 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on August 3, 2017, by a vote of 5-0, give AUTHORIZATION TO ESTABLISH WASTEWATER USER RATE AT 1.07/1,000 GAL (O&M RATE OF $1.02/1,000 GAL AND R&R RESERVES RATE OF $0.05/1,000 GAL) TO DELRAY BEACH AND BOYNTON BEACH FOR FISCAL YEAR 2017/2018. WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on August 3, 2017, by a vote of 5-0, give AUTHORIZATION TO ESTABLISH RECLAIM USER RATE AT $0.17/1,000 GAL TO CONSUMERS DELRAY BEACH, BOYNTON BEACH AND SOUTH CENTRAL REGIONAL FOR FISCAL YEAR 2017/2018. WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on August 3, 2017, by a vote of 5-0, give AUTHORIZATION TO MAINTAIN THE RECLAIM USER RATE FOR HUNTERS RUN, COUNTRY CLUB OF FLORIDA, QUAIL RIDGE, DELRAY DUNES AND PINE TREE FOR FISCAL YEAR 2017/2018 AT$0.2000/1,000 GALLONS. WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on August 3, 2017, by a vote of 5-0, give AUTHORIZATION FOR THE FISCAL YEAR CAPITAL IMPROVEMENT PLAN AND ASSOCIATED FUNDING PLAN FOR FISCAL YEAR 2017/2018. WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on August 3, 2017, by a vote of 5-0, gave ACCEPTED THE 2017/2018 WASTEWATER AND RECLAIM O&M BUDGETS Boynton Beach Ratification 08-03-2017 Page 1 of 2 Page 72 of 544 WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of by a vote. CITY OF BOYNTON BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney Boynton Beach Ratification 08-03-2017 Page 2 of 2 Page 73 of 544 AGENDA ITEMS 8A-8C PROPOSED BUDGET DOCUMENT FY 2017/2018 P arER PREPARED BY SCRWWTP STAFF AUGUST 2017 � Z � o Page 74 of 544 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue Delray Beach, Florida 33445 BOARD <p. City Commissioners of , '" Telephone Boynton Beach & Delray Beach " r (561)272-7061 (561)734-2577 tC1 Fax: (561)265-2357 www.scrwwtp.org MEMORANDUM TO: South Central Regional Wastewater Treatment and Disposal Board Board Members FROM: Doug Levine DATE: August 1, 2017 SUBJECT: 2017/2018 Proposed Budget The Operating Committee for South Central Regional Wastewater Treatment and Disposal Board is pleased to present the 2017/2018 Fiscal Year Budget. Staff is looking forward to the new fiscal year with projects that will result in more efficient and effective operations by reducing energy usage, increasing reliability of treatment processes and establishing a cost-effective blueprint for future increased flows. The budget, as presented, increases expenditures 5.1% over last year due to increased personnel services, costs and chemicals. This increase follows two years of decreases as the Board restructured the operations and staff to better serve the public. Included in the Capital Improvement Plan is the Process Air Improvement Upgrade project. The existing equipment and blowers have reached the end of their expected life cycle and are required to be replaced. The new project includes replacing all of this equipment with new technology that will provide staff the ability to operate the plant more efficiently, lower electricity demand and provide higher quality treatment. There is an expected energy savings of at least 25% which will save the Board approximately $250,000 per year in electric costs creating a project that will pay for itself over time. Other capital projects include the upgrade of the disinfection system to bulk hypochlorite. This new system will significantly reduce the usage of our On-Site Generators (OSG) which has a high electrical use. With salt prices steadily increasing over the last two years, staff determined that it would be more efficient to purchase hypochlorite instead of generating it on-site. The current equipment will be kept as a backup system. This fiscal year has provided staff with great insight for the next fiscal year and beyond by the implementation of an asset management system, Water/Wastewater Asset Management (WAM), which allows staff to track the condition of equipment and schedule replacements prior to failure. It moves capital equipment replacement costs from reactive to proactive which reduces costs. 2017-2018 FY Budget Memo Page 75 of 544 2017-2018 FY Budget Memo August 1, 2017 Page 2 of 2 Over the past two years, the management staff has been hiring employees that are self- motivated and strive to better themselves. Management recruits new employees that are ambitious with great personalities who are not afraid to get their hands dirty. Management is seeking individuals that are not just looking for a job, but are looking for a lifetime career. Staff is consistently encouraged to learn more about the plant and its processes by cross-training. All departments work as a team and help one another out without having to ask. Each individual employee possesses their own skill set in which we challenge in order to help continue their development. One of the great things about the Board employees is their willingness to teach their skills to other employees giving our staff a broader range of skills which allows more in-house work which also reduces costs. A few examples of these are VFD upgrades, transformer replacements, PLC development and programming, and repair and replacement of a variety of equipment throughout the plant. Staff appreciates the Board's support in creating a great working environment where each employee can take personal ownership of their part of the plant. This teamwork is critical to ensuring that the operations of South Central Regional VVVVI"P remain transparent, efficient and effective so customers are provided outstanding service. 2017-2018 FY Budget Memo Page 76 of 544 South Central Regional Wastewater Treatment and Disposal Board WASTEWATER OPERATIONS REPAIR&REPLACEMENT RESERVES FUND USER RATE&PROJECTED COST TO CITY OF BOYNTON BEACH&CITY OF DELRAY BEACH FIY 2017-2018 REVENUE ANALYSES Projected Rate Description Unit FY 2016-2017 FY 2017-2018 %Difference O&M Budget Revenue per 1,000 gal $1.00 $1.02 2.4% Reclaim Water Retail Rev per 1,000 gal $0.28 $0.28 0.0% Reclaim Water Retail Rev per 1,000 gal $0.20 $0.20 0.0% Reclaim Water Wholesale Re per 1,000 gal $0.17 $0.17 0.9% R&R Reserves per 1,000 gal $0.03 $0.05 32.6% CIP_Funding 50/50 Ownership Funding 1 000 000.00 1,100,000.00 Total Revenue $8;013,516-03 $8;445,360.00 5.1% 2017-2018 OPERATIONS&MAINTENANCE BUDGET AND RATE CALCULATION 0&M Budget including deep injection well pass through costs $6,543,382 PROJECTED FLOW Billion Gal Rate Unit REVENUE MINIMUM 17.3 mgd 6.315 $1.04 11,000 gal $6,543,382 AVERAGE 17.5 mgd 6.388 $10; 11, gal $6,543,382 MAXIMUM 17.7 mgd 6.461 $1.01 1,000 gal $6,543,382 RECLAIM OPERATIONS BUDGET AND RATE CALCULATION Reclaim.Water O&M Budget including deep well Expenses $1,193,500 PROJ.RETAIL FLOW Gal RATE Unit Retail Rev Retail Customer/No Reservi 0.260 $0.20 11,000 gal $52,000.00 Retail Customer/Storage 1.040 $0.28 11,000 gal $291,200.00 Total 1.300 $343,200.00 PROJ.WHOLESALE FLOW Gal RATE Wholesale Rev MINIMUM 17.3 mgd __5.015 $0.17 /1,000 gallons $850,300 AVERAGE I7 0 _� 5083 0117 /1,D00gallons $650,300•' ..`' MAXIMUM 17.7 mgd 5.161 $0.16 /1,000 gallons $850,300 F/Y 2017-2018 User Flows Unit RATE/1,000 gal Comments Revenue Original Retail Customers 1 300 billion gallyear $0.20 $, 260;000 80°%of use storage tank at 1.040 billion gal/year $0,08 (surcharge-4 $ 83,200 SCR courses) City of Boynton Beach 0200 billion gal/year $017 $ 33.427 City of Delray Beach: 0.750 billion gal/year $0.17 $ 125.351 SCR Deep Well 3 992 billion gallyear $017 Pa tr rc } 1:. SCR Process(2).4 mgd 0.146 billion gal/year $0.17 Pass through $ 24,402 Total Flow/Revenue 6.388 billion gallyear $ 1,133,500 Expenditure I Revenue Check Combined OF&Reclaim$utiget $7;736,882; ombined GF&Reclaim Revere _ $7,730,882; REPAIRS&REPLACEMENT RESERVES/CIP FUNDING PROJECTED FLOW Flows Unit RATE/1,000 gal Comments Revenue MINIMUM 17.3 mgd 6.2050 billion gallyear $0.05 $300,000 AVERAGE 175mgd "US billusrrgaiffyMir $005 $300,000 MAXIMUM 17.7 mgd 6.3875 Billion gal/year $0.05 $300,000 Yearly Monthly Monthly Annual ClP 7ratt9fer" $5000 $45pJS.33 $189$e44 7,175,571 v, Annual Capital Reserves Revenue $1,400,000 �- Total Funding for SCRWWTDB $9,136.882 Funding Source Estimates City of Boynton Beach= $ 4,002,588 City of Boynton Beach= $ 550,000 City of Delray Beach= $ 2,999,572 City of Delray Beach= $ 550,000 Golf Course Retail Contracts= $ 343,200 Sub-total $ 8,445,360 Deep Well Pass Through $ 691,522 Total $ 9,136,882 Annual CIP Transfer is based on CIP Five Year Budget Page 77 of 544 LO O O o ~ N O O O N W N of Cfl rn CO 000 O O O 000 Q 7 C6 00 m LO O CO It O pl: CT U5 ti M CV LO LO r I` CD r L( f� (` .-. 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F„ 0 O O O0 0 O O O a) T W O O CO N Cb � O CO p O N CC) CO CO CO r I` 00 Q N It c7 00 r r m O m N O 1- 40 r CO N O N CO r CO O N O r O r U') .1 dt 07 O CY) LO O LO co CD < I` lC? rq r O r O co LO D N NIt N O O N a) T- 04 N CA 00 M r N r LO O c7 N CO LO d7 r d N CO T- LC) J N LCA I` C'7 fl_ 07 O m CO p aLn r CT fz N N O N d' H N N D N I` a) m O T U co CD Q N n W 0 (� w C/) w E of W 00 ZQ z U Z E W C/) Z Cl) C/)ca -j I LJLJU) zcw w �- w M Z J w J Z Z U) 0 ca z w� Q � C7 wC Hw � w (1) U)z U) ,�~ O Un C) < 0 w w °- (DU) 0 ¢ w Z zz � O �- U w �- W W D i= U_ Q _ 0 a � i= i= w � m Q > x 2 J J Q Q Z J J Wa' W W Q Q 0- W W CD Q WI- 0- co000 00 OOw O 0 Page 80 of 544 South Central Regional Wastewater Treatment and Disposal Board WASTEWATER OPERATIONS&MAINTENANCE BUDGETS FY 2017-2018 General Fund Budget 2014-2015 2015-2016 2016-2017 2016-2017 2017-2018 PROPOSED DESCRIPTION ACTUAL ACTUAL BUDGET YTD BUDGET (3/3112017) PERSONNEL SERVICES $1,679,358 $1,425,945 $1,559,376 $724,118 $1,669,775 OPERATING EXPENSES: 4,183,732 4,148,106 4,576,544 1,858,625 4,694,607 SERVICES(Legal,hauling,contracts) 1,832,783 1,714,415 1,972,179 597,178 1,936,500 OPERATIONS/MAINTENANCE 1,719,164 1,734,940 1,949,065 960,720 2,030,307 CHEMICALS/SUPPLIES 631,785 698,751 655,300 300,727 727,800 TOTAL PERSONNEL AND OPERATING EXPENSES 5,863,090 5,574,051 6,135,920 2,582,743 6,364,382 OPERATING CONTINGENCY 10,886 4,030 600,000 501,314 100,000 OPERATING ASSETS 32,548 27,256 15,000 (107) 15,000 ENGINEERING 36,123 13,507 62,000 18,854 64,000 --------------------- ----------------------- ----------------------- -------------------- ------------------- TOTAL BUDGET $5,942,647 $5,618,844 $6,812,920 $3,102,804 $6,543,382 FN 16-17 rate= $ 1.01 $ 1.00 r $ 1.02 Min flow mgd 17.0 17.3 17.5 avg flow mgd= 17.3 17.5 PERSONNEL ACCOUNT 2014-2015 2015-2016 2016-2017 2016-2017 2017-2018 PROPOSED NO. DESCRIPTION ACTUAL ACTUAL BUDGET YTD BUDGET 1212 REGULAR WAGES $1,003,581 $839,485 $888,000 $403,951 $937,500 12121 SICK/VACATION REDUCTIONS 69,308 39,670 40,000 8,718 50,000 1214 OVERTIME 114,278 118,003 100,000 84,487 130,000 12151 EMPLOYEE ASSIST. PROG. 693 660 700 291 750 1221 SOCIAL SECURITY 102,132 91,452 100,576 46,487 105,625 1223 HEALTH INSURANCE 195,318 157,691 201,600 90,447 201,600 12231 DENTAL INSURANCE 5,367 4,677 6,300 3,594 6,300 12232 DISABILITY INSURANCE 3,785 2,184 6,000 1,795 6,000 12233 LIFE INSURANCE 411 1,815 1,200 211 2,000 12234 VISION CARE 902 1,140 0 710 0 1224 WORKERS'COMPENSATION 42,596 32,757 32,000 18,516 32,000 1225 UNEMPLOYMENT 0 5,480 2,000 4,558 2,000 1236 PENSION 117,595 98,182 160,000 58,040 175,000 1237 DEF COMP SUP 23,219 19,715 20,000 0 20,000 1238 H.S.A.CONTRIBUTION 0 12,498 0 2,163 0 1240 PAYROLL CONTINGENCY 173 536 1,000 150 1,000 --------------------- ----------------------- ----------------------------------------------- --------------------- TOTAL PERSONNEL SERVICES $1,679,358 $1,425,945 $1,559,376 $724,118 $1,669,775 Page 81 of 544 South Central Regional Wastewater Treatment and Disposal Board WASTEWATER OPERATIONS&MAINTENANCE BUDGETS FY 2017-2018 General Fund Budget SERVICES ACCOUNT 2014-2015 2015-2016 2016-2017 2016-2017 2017-2018 PROPOSED NO. DESCRIPTION ACTUAL ACTUAL BUDGET YTD BUDGET 3100 MEDICAL SERVICES $1,325 $2,242 $3,000 $1,263 $3,000 3110 LEGAL(GENERAL&ADMIN) 48,487 21,368 38,000 5,188 31,000 3120 SERVICES(G&A) 54,482 60,423 54,000 31,944 54,000 3200 AUDITING 34,800 31,000 30,000 13,000 30,000 3300 LAB PERMIT TESTING 15,578 3,455 10,679 673 15,000 3406 METER CALIBRATION 7,308 4,680 5,000 5,721 10,000 3409 PELLETIZATION FEES-SWA 1,257,392 1,117,378 1,344,000 353,835 1,248,000 3410 SLUDGE HAULING 248,862 293,030 300,000 121,269 315,000 3411 GRIT HAULING 126,387 116,138 100,000 44,597 120,000 3412 TRASH HAULING 2,402 1,012 3,000 605 3,000 3500 SERVICES(Ops&Maint) 35,760 63,689 84,500 19,083 107,500 TOTAL SERVICES $1,832,783 $1,714,415 $1,972,179 $597,178 $1,936,500 OPERATIONS/MAINTENANCE ACCOUNT 2014-2015 2015-2016 2016-2017 2016-2017 2017-2018 PROPOSED NO. DESCRIPTION ACTUAL ACTUAL BUDGET YTD BUDGET 4000 VEHICLE EXPENSE $9,952 $6,667 $10,000 $3,134 $10,000 4020 BOARD CONTINGENCY 1,810 681 400 0 400 4100 TELEPHONE 20,324 20,821 7,500 2,571 6,000 4102 POSTAGE 1,372 1,042 1,000 957 1,000 4300 ELECTRICITY 620,732 622,514 850,000 318,676 850,000 4302 WATER 20,623 13,511 16,000 6,258 16,000 4303 IRR/PROCESS RECLAIM WATER 22,225 8,941 26,280 2,644 24,402 4304 INJECTION WELL PROCESS 663,440 661,187 657,000 289,874 667,120 4400 EQUIPMENT RENTAL 4,438 6,263 2,000 7,029 10,000 4500 INSURANCE 217,926 217,383 240,660 196,542 240,660 4600 M&R EQUIPMENT 67,331 120,079 67,500 85,701 $120,000 4620 M&R VEHICLES 14,658 5,819 9,000 1,890 9,000 4630 M&R GROUNDS 11,955 13,027 10,000 3,193 15,000 Page 82 of 544 South Central Regional Wastewater Treatment and Disposal Board WASTEWATER OPERATIONS&MAINTENANCE BUDGETS FY 2017-2018 General Fund Budget ACCOUNT 2014-2015 2015-2016 2016-2017 2016-2017 2017-2018 PROPOSED NO. DESCRIPTION ACTUAL ACTUAL BUDGET YTD BUDGET 4640 M&R BUILDINGS 10,079 5,738 15,000 4,794 15,000 4650 M&R UNSPECIFIED 31 349 5,000 0 10,000 4900 ADVERTISING 3,624 5,277 5,000 2,356 5,000 4902 LICENSE&PERMITS 12,300 22,793 9,725 30,502 9,725 5400 MEMBERSHIP DUES&SUBSCRIPTIOI 8,483 443 4,000 719 4,000 5410 TECHNICAL TRAINING 7,105 2,405 12,000 3,062 12,000 6400 CAPITAL ASSETS 0 0 0 0 0 ------------------- ----------------------- -------------------------------------------- -------------------- TOTAL OPERATIONS/MAINT. $1,719,164 $1,734,940 $1,949,065 $960,720 $2,030,307 CHEMICALS/SUPPLIES ACCOUNT 2014-2015 2015-2016 2016-2017 2016-2017 2017-2018 PROPOSED NO. DESCRIPTION ACTUAL ACTUAL BUDGET YTD BUDGET 5100 OFFICE SUPPLIES $6,326 $7,550 $7,500 $3,233 7,500 5201 SAFETY SUPPLIES 8,362 4,474 7,500 11,038 15,000 5202 GENERAL OPERATING 10,631 8,114 10,000 4,563 10,000 5203 JANITORIAL SUPPLIES 1,193 938 2,000 974 2,000 5204 LABORATORY SUPPLIES 8,626 41734 10,000 687 10,000 5210 CHEMICALS 547,665 660,070 583,800 255,100 643,800 5220 OIL, FUEL, LUBRICANTS 906 2,725 5,000 2,989 5,000 5225 DIESEL 33,988 0 15,000 12,839 15,000 5230 CONSTRUCTION MATERIALS 0 0 1,000 0 4,000 5240 UNIFORMS 8,914 6,535 8,000 4,215 8,000 5250 SMALL TOOLS <$750 2,772 3,611 2,000 1,127 3,000 5251 OFFICE EQUIPMENT<$750 873 0 1,500 3,861 1,500 5252 LAB EQUIPMENT<$750 1,529 0 2,000 101 2,000 5255 PLANT EQUIPMENT 0 0 0 1,000 --------------------- ----------------------- ---------------------------------------------- --------------------- TOTAL CHEMICALS/SUPPLIES $631,785 $698,751 $655,300 $300,727 $727,800 Page 83 of 544 South Central Regional Wastewater Treatment and Disposal Board WASTEWATER OPERATIONS&MAINTENANCE BUDGETS FY 2017-2018 General Fund Budget OPERATING EXPENSES (SUMMARY) ACCOUNT 2014-2015 2015-2016 2016-2017 2016-2017 2017-2018 PROPOSED NO. DESCRIPTION ACTUAL ACTUAL BUDGET YTD BUDGET SERVICES $1,832,783 $1,714,415 $1,972,179 $597,178 $1,936,500 OPERATIONS/MAINTENANCE $1,719,164 $1,734,940 $1,949,065 $960,720 $2,030,307 CHEMICALS&SUPPLIES $ 631,785 $ 698,751 $ 655,300 $ 300,727 $ 727,800 --------------------- ----------------------- ------------------------ --------------------- --------------------- TOTAL OPERATING EXPENSES $4,183,732 $4,148,106 $4,576,544 $1,858,625 $4,694,607 OPERATING CONTINGENCY ACCOUNT 2014-2015 2015-2016 2016-2017 2016-2017 2017-2018 PROPOSED NO. W. DESCRIPTION ACTUAL ACTUAL BUDGET YTD BUDGET 4990 OPERATING CONTINGENCY $5,957 $0 $100,000 $0 $100,000 4992 INTEREST/FEES/PENALTIES $4,929 4,030 $0 $1,314 $0 4995 TRANSFERS OUT $0 0 $500,000 $500,000 $0 --------------------- ---------------------- --------------------------------------------- --------------------- TOTAL OPERATING $10,886 $4,030 $600,000 $501,314 $100,000 CONTINGENCY OPERATING ASSETS ACCOUNT 2014-2015 2015-2016 2016-2017 2016-2017 2017-2018 PROPOSED NO. DESCRIPTION ACTUAL ACTUAL BUDGET YTD BUDGET 6400 OPERATING ASSETS $32,548 27,256 $15,000 ($107) $15,000 --------------------- ---------------------- ---------------------------------------------- -------------------- TOTAL OPERATING $32,548 $27,256 $15,000 ($107) $15,000 CONTINGENCY ENGINEERING ACCOUNT 2014-2015 2015-2016 2016-2017 2016-2017 2017-2018 PROPOSED NO. DESCRIPTION ACTUAL ACTUAL BUDGET YTD BUDGET 3150 GENERAL $36,123 $13,507 $60,000 $18,854 $60,000 3160 BIOTOXICITY $0 $0 3162 PRETREATMENT $0 $0 0 3163 THERMAL SCREENING $0 $0 $2,000 0 4,000 TOTAL ENGINEERING $36,123 $13,507 $62,000 $18,854 $64,000 TOTAL GF BUDGET: $5,942,647 $5,618,844 $6,812,920 $3,102,80 6 54 , 9 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FN 2017-2018 Budget Line Item Detail 1212 REGULAR WAGES Base wages-21 Regular Employees; 1 part-time 1,250,000 403,951 3 Administrative Reclaim 312.500 2 Lab Wastewater 937,500 9 Operators(including Chief)+Holiday reg 7 Maintenance(including Chief) 1 Part-time Intern (25%manhours for Reuse) 12121 SICK PAY REDUCTION Employees 96 hours sick pay 30,000 435 12122 VACA PAY REDUCTION Vacation up to 120 hours 20,000 8,283 1214 OVERTIME Shift coverage as required for plant operations. Employees working over 40 hours per week(excluding sick hours) are paid at time and a half. 12141 Emergency Coverage 3,000 14,312 12142 Maintenance 10,000 4,098 12143 Shift 1&3 Coverage 40,000 22,630 12144 Shift 2&4 Coverage 40,000 12,804 12146 Training 3,000 872 12148 Holiday Coverage 26,000 16,272 12149 Lab/Pretreatment 6,000 13,498 12150 Special Projects 2,000 0 ----------------- 130,000 84,486 12151 EMPLOYEE ASSISTANCE Board cost: $2.75 per employee per 750 292 PROGRAM month. Provides family counseling and referral services to employees and their families. Legal and financial consulting. 1221 SOCIAL SECURITY/ Employer's estimated cost: 7.65% 105,625 46,487 MEDICARE Social Security-6.2% Medicare-1.45%. 1223 FLORIDA BLUE Board Allowance per employee[21]is estimated @ 201,600 92,610 HEALTH INSURANCE (21 "800)"12 mths City of Boynton Beach 12231 DENTAL INSURANCE Board cost per employee[21]est @$25.00 monthly 6,300 3,594 12232 DISABILITY INSURANCE Long-term disability insurance provided 6,000 1,795 by the Board at approximately on 40 hour base pay per employee. 12233 LIFE INSURANCE Board provides term life insurance. 2,000 211 12234 VISION CARE Employee vision plan-Part of BO 0 710 1224 WORKERS'COMPENSATION Cost per employee based on a 40 hour 32,000 18,516 base pay and claims rating-/+annual audit 1225 UNEMPLOYMENT Paid on a reimbursable basis according 2,000 4,558 to claims received. 1236 PENSION Defined Board contribution based on 40 175,000 58,040 hours base pay for participants plus administrative fees. 1237 DEF COMP SUPPLEMENT Deferred comp 20,000 0 1240 PAYROLL CONTINGENCY 1,000 150 ------------------- Page 85 of 544 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FN 2017-2018 Budget Line Item Detail TOTAL PERSONNEL 1,669,775 724,118 SERVICES ACCT,NO. ACCOUNT TITLE DESCRIPTION BUDGET 3100 MEDICAL SERVICES Employee physicals,drug screens&immunizations $3,000 1,263 3110 LEGAL SERVICES Attorney fees: 31101 Admin-Biggs $26,000 5,188 31103 Pension,Personnel 5,000 0 ----------------- 31,000 5,188 3120 SERVICES: 31201 Accounting&Bookkeeping 1,000 0 General&Administrative 31202 Computer Consultant&SM Lic renewals 25,000 27,783 31203 Contract Employees 20,000 1,026 31205 Insurance Review 2,000 1,050 31206 Copier Maint.Contract 5,000 2,085 31207 Appraisal Fee(done 2010) 00 31208 Others 1,000 54,0003 ,944 ---------------- 3200 AUDIT FEES 32001 Annual Audit-GASB&Standards 30,000 13,000 (total$35,000-Reclaim=$5,000) 3300 LAB PERMIT TESTING Outside Lab Testing Services 15,000 673 3406 METER CALIBRATION Calibration of transmitters,totalizers, 10,000 5,721 FLORIDA SERVICE recorders, and flowmeter pump as required. 3409 SLUDGE PELLETIZATION 24,000 Wet ton per year*est$52.00 1,248,000 353,835 Any additional related costs 3410 SLUDGE HAULING Haul to SWA Pelletization 24,000 tons*$13.03 315,000 121,269 transportation re-route when required. 3411 GRIT HAULING Grit and Debris Dumpsters-2 120,000 44,597 3412 TRASH AND HAULING Tipping fee for trash hauling. Regular trash container, 3,000 605 3500 SERVICES: Operations, Maintenance& 35001 Centrifuge 25,000 96 Professional 35002 Air Scrubbers Balancing-vibration testing 2,000 35003 Generators[3 units] 10,000 1,845 35004 Lawn Maintenance 24,000 10,000 35005 Admin. Building Cleaning 6,000 0 35006 Lab Equipment-Calibration 2,000 992 35007 Sodium Generators 0 0 35008 Other-SCADA,PLC 30,000 4,863 35009 Water Softener 1,000 195 35010 Contract-Operations Worker 0 0 35011 Lab Compliance Consultant 7,500 107,500 1,092 External Auditor for Lab$2,500 ----------_----- -------------------- TOTAL SERVICES $1,936,500 597,178 Page 86 of 544 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FN 2017-2018 Budget Line Item Detail OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS &SUPPLIES OPERATIONS/MAINTENANCE ACCT.NO. ACCOUNT TITLE BUDGET DESCRIPTION 4000 VEHICLE EXPENSE Mileage reimbursement @ $0.56/mile(FED rate); Fuel for company vehicles golf carts, and gas powered equipment (Due to the fluctuating cost of fuel,we are estimating fuel) 40002 Mileage Reimbursement 0 40003 Fuel for Vehicles/Equip 4000 ga!$2.50 10,000 $10,000 3,134 ----------------- 4020 BOARD CONTINGENCY Plant Tours,Public Meetings, Community Outreach 40201 Board Expense: Public Outreach 400 40202 Board Expense: Meals 0 40204 Board Expense:Travel, Lodging 0 400 0 ----------------- 4100 TELEPHONE EXPENSE 6,000 2,570 Monthly base fees and long-distance usage including Fax,cellular phones and E-mail/I nternet/website 4102 POSTAGE 1,000 957 U.S. Mail-Rate$.49 first class/Equipment lease 4300 ELECTRICITY 850,000 318,676 11,300,000 kw*.075/kw Plant avg 18.0 mgd 4302 WATER CONSUMPTION 16,000 6,258 Consumption of plant avg$2,000 @ mth*25% 4304 INJECTION WELL PROCESS 667,120 289,874 Estimated-Pass Through Anticipate 10 mg @ day @$0.18/1000=3,139 mgy 4303 IRR/PROCESS REUSE WATER 24,402 2,644 Irrigation water cost.4 m gal/day @$.18/1000 4400 EQUIPMENT RENTAL 10,000 7,029 Cranes,various equipment,and instru- ments as required in maintenance and operations. 4500 INSURANCE EXPENSE 45001 General Professional Liability 54,000 32,957 45003 Employment Practices 1,600 4,796 45004 Fiduciary 2,000 1,861 45006 Petroleum Storage Tank 2,100 0 45007 Pollution Liability (3 yr policy 2012 2015) 12,660 8,332 45008 Commercial Property 155,000 135,009 45009 Boiler&Machinery 7,200 7,393 45011 Employee Dishonesty 6,100 6,194 .................. 240,660 Page 87 of 544 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD F/Y 2017-2018 Budget Line Item Detail OPERATIONS/MAINTENANCE ACCT. NO. ACCOUNT TITLE BUDGET DESCRIPTION 4600 M&R EQUIPMENT Annual repair items for pumps and plant equipment: 46001 Influent Building-Barscreens 20,000 12,584 46002 Aerators 5,000 36 46003 Blower Building 20,000 24 46004 Scrubbers 6,000 5,613 46005 Clarifier 10,000 2,530 46006 Return Building 10,000 101 46007 Solids Handling Building-Centrifuges 20,000 20,826 46008 Hypochlorite 10,000 8,081 46009 EQ Building 2,000 298 46010 Effluent Building 2,000 0 46011 Shop Building 1,000 58 46012 Office Building 2,000 275 46013 Dechlorination 1,000 0 46014 Miscellaneous (GMS) 10,000 2,318 46015 Operators Office 1,000 32,957 --- ----- - $120,000 4620 M&R VEHICLES Annual repairs for vehicles: 46200 Company Vehicles 2,000 332 46201 Tractor 1,000 0 46202 Ottawa-Off road trailer 1,000 718 46203 Service Carts 3,000 532 46204 Boom Lift 1,000 308 46205 Other 1,000 0 --------------- 9,000 4630 M&R GROUNDS 15,000 3,193 Landscaping,sprinkler systems, retention ponds, piping,etc. (west fence) 4640 M&R BUILDINGS 15,000 4,795 Painting, Repair or replacement of doors, screens, locks,windows, ceiling tiles, bulbs electrical, plumbing, and lighting to improve energy efficiency. 4650 M&R UNSPECIFIED 10,000 0 Funds for emergency or unidentified equipment deficiencies that require upgrade or improvement in operation. 4900 ADVERTISING 5,000 2,356 Advertisement and legal ad allowance related to plant operation or bids and public notices. Page 88 of 544 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FN 2017-2018 Budget Line Item Detail OPERATIONS/MAINTENANCE ACCT.NO. ACCOUNT TITLE DESCRIPTION BUDGET 4902 LICENSES AND PERMITS 9,725 30,502 STATE Professional&Operators license 1,000 Operating Permit-Minor Modification 2,000 Storage Tank 200 Depart of Health-Lab 1,000 ---------------- 4,200 PALM BEACH COUNTY Air Pollution Licenses 1,000 Wellfield Permit 100 Stormwater 500 Tags on Trucks 100 Wastewater-Dept of Health 2,800 ---------------- 4,500 CITY&SPECIAL DISTRICT Solid Waste Assessment/Lake Worth Drainage 0 Special District Fee 175 Other 850 1,025 5400 MEMBERSHIP DUES AND 4,000 719 SUBSCRIPTIONS Dues-Professional organizations Professional Registration and licenses,journals and subscriptions. 5410 TECHNICAL TRAINING CEUs required for lic renewal per FLDEP Lab Technical,and Quality Assurance Short Schools; Personnel Seminars and technical conferences;computer classes 54101 Conferences 5,000 712 54102 Meals 1,000 0 54103 Travel&Lodging 41000 0 54104 CEU courses 2,000 12,000 2,350 ----------------- 5420 EDUCATIONAL EXPENSES 5,000 818 Classes, books&fees. ----------------- TOTAL OPERATIONS/MAINT. $2,030,307 960,720 Page 89 of 544 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD F/Y 2017-2018 Budget Line Item Detail OPERATING EXPENSES: SERVICES: MAINTENANCE,• CHEMICALS&SUPPLIES CHEMICALS AND SUPPLIES ACCT.NO. ACCOUNT TITLE BUDGET DESCRIPTION 5100 OFFICE SUPPLIES 7,500 3,233 Copier paper,stationery, printer ink cartridges business cards, check printing, general office supplies,&necessities. 5201 SAFETY SUPPLIES 15,000 11,038 Gloves,protective glasses,face shields, hearing protection,overboots,ear-plugs, muffs,emergency eye wash,cartridge respirators, gas cartridge,sterile storage bags for resp- irators,disinfection systems for respirators, fit test ampoules, respirator storage cabinets, disposal respirators, chemical spill absorb- ents,oil sorbent, liquid chemical neutralizers, barricade tape, hazardous materials response kit,salvage drum,diffusion detector tubes, signs, labels,tags,first aid supplies,fire extinguishers and accessories, hazardous area lights, emergency small tools,safety charts,books. 5202 GENERAL OPERATING 10,000 4,563 SUPPLIES Operating supplies, raingear,hard-hats, boots,drager tubes, gloves, hoses, fire hoses, pH meters, DO meters, sludge jugs,flags,water,misc test strips cooler supplies, batteries, hurricane supplies, and other miscellaneous supplies. 5203 JANITORIAL SUPPLIES 2,000 974 Mops, brooms,paper goods,brushes,all necessary janitorial cleaning supplies. 5204 LABORATORY SUPPLIES 10,000 687 Laboratory upgrades and replacements. Reagents,glassware, replacement of equip- ment,apparatus. Lab supplies consumed by Process testing done in house. Plus NELAC 5210 CHEMICALS 52101 Polymer:455,000 lbs @.96 Ib 360,000 208,300 52103 C12 Sodium Hypo 12%. @$.64 Gal 20,000 12,800 0 52105 Misc.Chemicals-Bisulfite,Sulfuric etc 10,000 0 52106 Caustic 30,000 gal @$2.50 @ gal 75,000 24,196 52108 Salt 300 tons @$120.00*25%** 36,000 15,354 52109 Peroxide tons @ Odor Control 90,000 0 52110 Nitrate-Odor Control 60,000 643,800 7,250 **Plant=$120.00*350 tons ----------------- Page 90 of 544 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD F/Y 2017-2018 Budget Line Item Detail 5220 OIL,GAS,GREASE, AND 5,000 2,989 LUBRICANTS Misc gas,grease,oil and lubricants for pumps and mowers 5225 DIESEL FUEL 15,000 12,839 Diesel fuel for generator 5230 CONSTRUCTION MATERIAL 4,000 0 Walkways,signs,fencing, rails, platforms, small shelters,concrete,etc. Additional office and storage units. 5240 UNIFORMS 8,000 4,215 Provides five(5)new sets of uniforms for employee per year. Basis cost of$200.00 each. Approved protective safety shoes: $100($200) employee per year(potential of two pairs due to environment). 5250 SMALL TOOLS AND 3,000 1,127 EQUIPMENT PURCHASE Hand tools,drills, bits,files,small toolboxes, electrical equipment, and small maintenance tools<$750.00 value. 5251 OFFICE EQUIPMENT 1,500 3,861 Filing cabinets,chairs,calculators,adding machines,office mats,shelves, printers, tables<$750.00 value. 5252 LAB EQUIPMENT 2,000 101 Small equipment<$750.00 5255 PLANT EQUIPMENT 1,000 0 Equipment used to maintain grounds/buildings -------------- TOTAL CHEMICALS AND $727,800 300,727 SUPPLIES Page 91 of 544 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FN 2017-2018 Budget Line Item Detail OPERATING CONTINGENCY ACCT. NO. ACCOUNT TITLE BUDGET DESCRIPTION 4990 OPERATING CONTINGENCY $100,000 4992 BANK FEES/PENALTIES To be utilized as a supplement for any line $0 1,314 items which are exceeded during the budget year. Status of this Fund to be reported to Board. 4995 TRANSFERS OUT Transfer from Operations to R&R 500,000 ---------------------- --------------------- TOTAL OPERATING CONTINGENCY $100,000 $501,314 OPERATING ASSETS ACCT.NO. ACCOUNT TITLE BUDGET DESCRIPTION 6400 OPERATING ASSETS $15,000 (107) To be utilized for Plant Operations/Maintenance $15,000 (107) ENGINEERING ACCT.NO. ACCOUNT TITLE BUDGET DESCRIPTION 3150 GENERAL $60,000 18,854 3162 PRE-TREATMENT $0 0 3163 THERMAL SCREENING $4,000 0 Scan every 2 years ------------------- TOTAL ENGINEERING $64,000 18,854 GRAND TOTAL BUDGET: 6,543,382 $3,102,804 Page 92 of 544 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD RECLAIM WATER OPERATIONS &MAINTENANCE BUDGET F/Y 2017-2018 2014-2015 2015-2016 2016-2017 2016-2017 2017-2018 PROPOSED ACTUAL ACTUAL BUDGET YTD BUDGET PERSONNEL SERVICES $235,229 $207,119 $296,000 $129,444 $312,500 OPERATING EXPENSES: 717,712 704,393 868,000 378,730 871,000 SERVICES(Legal,hauling,contracts) 25,568 27,467 20,000 12,900 23,000 OPERATIONS/MAINTENANCE 441,753 445,905 486,000 228,685 476,000 CHEMICALS/SUPPLIES 250,391 231,021 362,000 137,145 372,000 TOTAL PERSONNEL AND OPERATING EXPENSES 952,941 911,512 0 1,164,000 0 508,174 0 1,183,500 OPERATING CONTINGENCY 0 0 0 0 0 OPERATING ASSETS 0 0 0 0 0 ENGINEERING 7,025 20,000 10,000 12,540 10,000 TOTAL BUDGET $959,966 $931,512 $1,174,000 $520,714 $1,193,500 ACCOUNT NO. DESCRIPTION 2014-2015 2015-2016 2016-2017 2016-2017 2017-2018 PROPOSED ACTUAL ACTUAL BUDGET YTD BUDGET R 1212 REGULAR WAGES $235,229 $207,119 $296,000 $129,444 $312,500 R 31101 LEGAL 0 0 2,000 0 $5,000 R 31502 ENGINEERING 7,025 20,000 10,000 12,540 $10,000 R 32001 AUDIT 5,000 0 5,000 0 $5,000 R 3402 TESTING 20,339 24,666 10,000 11,373 $10,000 R 3406 METER CALIBRATION 229 2,801 3,000 1,527 $3,000 R 4630 M&R GROUNDS 10,503 0 10,000 0 $10,000 R 43000 FUEL FOR VEHICLES 1,598 0 5,000 0 $0 R 4300 ELECTRICITY 382,140 364,204 425,000 183,671 $425,000 R 45001 INSURANCE 32,000 32,000 32,000 32,000 $32,000 R 46014 M &R EQUIPMENT 12,757 40,725 8,000 12,887 $8,000 R 4640 M&R BUILDING 2,755 8,976 1,000 127 $1,000 R 4902 LICENSES&PERMITS 0 0 0 0 $0 R 5204 SUPPLIES LAB 11,645 16,461 12,000 8,173 $12,000 R 52103 CHEMICALS 234,166 214,560 350,000 116,116 $350,000 R 5225 DIESEL 4,580 0 5,000 12,856 $10,000 TOTAL BUDGET: $959,966 $931,512 $1,174,000 $520,714 $1,193,500 Page 93 of 544 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FN 2017-2018 Reclaim Budget Line Item Detail YTD as of ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 03/31/2017 R 1212 REGULAR WAGES Reclaim charged(25%) 312,500 129,444 work related to reclaim R 31101 LEGAL Attorney fees associated with 5,000 - reclaim R 31502 ENGINEERING Engineering fees 10,000 12,540 R 32001 AUDIT Audit fees for reclaim 5,000 - R 3402 TESTING Costs associated for lab fee 10,000 11,373 R 3406 METER CALIBRATION Calibration of transmitters, 3,000 1,527 totallizers,recorders as required R 4630 SERVICES -Ground Cost incurred for maintenance 10,000 of grounds associated with reclaim R43000 FUEL FOR VEHICLES Fuel for monitoring of reclaim - - &Golf Course service/meter reading R 4300 ELECTRICITY 5,700,000 kwh*.075/kwh 425,000 183,671 (kwh 075 svg) R 45001 INSURANCE Property liability package for 32,000 32,000 reclaim covered under plant policy R 46014 M&R EQUIPMENT Annual repair items for reclaim 8,000 12,887 pumps&equipment in-plant R 4640 M&R BUILDINGS Cost incurred for repair of reclaim 1,000 127 buildings R 5204 LAB SUPPLIES Lab supplies consumed for 12,000 8,173 testing required by FLDEP &NELAC Specific for Reclaim R 52103 CHEMICALS Sodium Hypochlorite- 350,000 116,116 GF Line item= 52108 Sodium Hypo 12%.@$.64 Gal 520,000 R 5225 DIESEL Reclaim Generator 10,000 12,856 TOTAL BUDGET: 1,193,500 520,714 R43000 FUEL FOR VEHICLES HAS HAD NO PURCHASES BECAUSE O&M BUYS FUEL FOR VEHICLES, BUDGET OF$5,000 WAS ADDED TO DIESEL FOR RECLAIM GENERATOR Page 94 of 544 000000000 O 000010 00 0000 0000OC0 000000000 o 0v- 0 0 't 0000 oo "Irov 0000000.00. 0 0 (- O O I- 0000 0 0 I- Ojl- 0 0 0 0 0 0 0 0 0 O O I- C' O m L() Ln 0 0 (61-4: d O cr 0 , O O V O o Ln Ln LO CD LO CD 00 O Ln N N O Ln O (0 CA LO p LO (3) N CN M r O � CD O N 47 M f- ti O V O CO LO Cl) LO ~ OD N U') H M M -7 00 - N EF}E9-Ef}Ef}69 Ef3 Ef-}Eg Ef? fR 64 C-9-EH 64 H} E{} 69-6`>(A}69- 64 69-6R EFJ 64 N " " " ' O O 0 0 CD O N 00 O 0 0 " O N O O O O O Op N O O O O O O r 00 O O O O N O O O LO LO O N Ln LO O O O O O D) m O- OM 0 � � co r Cl) N Cy >- } LL 64 bT K-}691 6a 61?69-69-y} 409, fA EF}K}fA 6s 64 LL 69-64 ER EF}64 64 64 6a r ' O ' O ' ' ' ' " O O O O ' OO O O cc ' ' 0 N O O O 0 0 0 O N O O O 00 O O 0 O 0 C 0 0 o b o 0 0 o b N O O O O Ln LO O Cj 00 O 00 O 0 O O O O LO O O O O O 00 04 O N LO Cl)(D r N N r--I- V Cl) LL 6s 6469-64 64U9.U3-69-03} 613- K3 ER ER K>69- CA C W H}69- 69- 6s 64 69 64 EF} N O ' 0 f O ' ' ' a ' O O O CD I " 0 E 0 O 0 0 00 O CV C) O O O O O O 00 0 O O O ' O O O O O Ln Ln 00 0 O O O O O Ln O Ln O O aO LO LO O CC) CN O N N M Cl) N CD b M r M LL 64 69-EF}613�69 60) 164 Ef}ffl 69- ff3 69 64 64 E9- 64 N W EA H} 6L} E&E9-69-6a fR ' O ' ' ' ' ' ' O 000 ' ' O > O 00 O 0 0 ' O O O O O O' O N 00 O 0 CU O O O 0 O O O O m Od 0 0 Cl O O O r O O O V Ln O 'a CD 00 O O O O O LO LO O m It O Or 00 O 00 N O 06 06 r r M 00 7 N CO O N M r c } W 69 69-64 619-64 69 EH EF}Ef} 64 69 64 U3 EA E!i 6H Q LL E9-64 Ef> 69-69-6G,64 64 3 r C ap O ' O ' ' 0 ' ' ' O 0 0 0 ' ' O ad CO O O O o O ' O Q O O O O 0 0 0 O } +y^ 0 0 O O O O O O O O O M f- O LL ~ 0 0 O O O O p O Ln LO ti' CD 00 In O O Or U') Ln O 00 N0 In LO Cl) r Cl) E r- �- r M CO N 3 } M C) } r (� LL fA 64 EH EF}69�EA 6q W,69 E64 64 63 64 E9-HT 69- N 0 LL 64 64 (A. 64 EH 64 649- 6 (6 } Q. 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U c (La o CO I a, 0 L v L > — co T— E m Z ° L U) > �o (D m c o o c W o a� o l6 w 0 oda °a o E o > O p a aci c (D m0 o mmQ o p ascm =M(: ° F7 m ' wUE 0 oo � oo °� o � CL o ° � o mCu ca � � � � � o � c c �, >, >, � a ° .0 L p - Q N ,C .-� 3 atS atS a2S otf 3 fE U C a acn � m � = LL WO cn ofC� 0� IX0� U) o E a m UUStn UUmmcq m L E E aD Z r N. N CN NN vl T V O o 0 0 0 0 N ('7 V L(7 N m C> 0 0 N ' ' ' ' ' ' 0 0 0 0 0 T C C 'Q CD m O b (D � N OO 0 0 0 0 C U ILOfa a. a. a_ 06060606aas � � � ofD� s � Ir of Ir Page 95 of 544 6.D. CONSENTAGENDA 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. 17-085 - Approve and authorize the City Manager to sign the agreement with JJ Kane for disposal of Vehicles/ Equipment submitted by Public Works/ Fleet Maintenance Department. EXPLANATION OF REQUEST: Fleet Maintenance is submitting twenty one (21) items to be disposed at auction utilizing JJ Kane live auction, JJ Kane on-line auction and GovDeals.com. Allowing the City to sell surplus vehicles and equipment with various means eliminates Fleet Maintenance having to wait for months until the next JJ Kane local auction. These proceeds will generate revenue for the Fleet Maintenance Fund. Fleet Maintenance has verified that the vehicles are no longer of use and has completed all proper documentation for disposal. Public Works/Fleet Maintenance requests Commission's review, evaluation and approval to sell the surplus vehicles/equipment. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The disposal of obsolete, damaged and surplus vehicles/equipment will remove the need to store the items around the Public Works Compound taking up valuable space and allow the Finance Department to remove the items from the City's fixed asset records. FISCAL IMPACT: Budgeted The revenue generated from the sale of surplus vehicles/equipment will be placed in the Fleet Maintenance Fund and credited to the revenue account#501-0000-365-01-00. The funds are used for the future procurement of vehicles/equipment. ALTERNATIVES: To hold public auction with staff which has been done in the past, but after expenses it was not in the best interest of the City. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 96 of 544 Grant Amount: CONTRACTS VENDOR NAME: Various Vendors START DATE: END DATE: CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type Description D Resolution Resolution appro\4ng Agreement with JJ Kane Auctioneers D Attachment Vechicle Surplus List D Addendum JJ Kane Authorization Letter D Contract JJ Kane Contract Page 97 of 544 1 2 RESOLUTION NO. R17- 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING THE 5 CITY MANAGER TO SIGN AN AGREEMENT 6 BETWEEN THE CITY OF BOYNTON BEACH AND J.J. 7 KANE ASSOCIATES INC., D/B/A J.J. KANE 8 AUCTIONEERS FOR DISPOSAL OF VEHICLES AND 9 EQUIPMENT SUBMITTED BY PUBLIC WORKS 10 DEPARTMENT; AND PROVIDING AND EFFECTIVE 11 DATE. 12 13 14 WHEREAS,Fleet Maintenance has identified 21 items which are obsolete, damaged, 15 surplus and no longer of use to the City; and 16 WHEREAS, auctioning these items will remove the need to store the items in and 17 around the Public Works compound, taking up valuable space and will remove the items from 18 the City's fixed asset records; and 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon 20 recommendation of staff, has deemed it to be in the best interests of the citizens and residents 21 of the City of Boynton Beach to enter into an Agreement between the City of Boynton Beach 22 and J.J. Kane Associates, Inc., d/b/a J.J. Kane Auctioneers for the disposal of vehicles and 23 equipment submitted by the Public Works and Fleet Maintenance Department. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 27 as being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Manager is hereby authorized to sign an Agreement between Page 98 of 544 30 the City of Boynton Beach and J.J. Kane Associates, Inc., d/b/a J.J. Kane Auctioneers for the 31 disposal of vehicles and equipment submitted by the Public Works and Fleet Maintenance 32 Department, a copy of which Agreement is attached hereto as Exhibit"A." 33 Section 3. That this Resolution shall become effective immediately upon 34 passage. 35 PASSED AND ADOPTED this day of , 2017. 36 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 YES NO 40 41 Mayor— Steven B. Grant 42 43 Vice Mayor—Justin Katz 44 45 Commissioner—Mack McCray 46 47 Commissioner—Christina L. Romelus 48 49 Commissioner—Joe Casello 50 51 52 VOTE 53 54 ATTEST: 55 56 57 58 Judith A. Pyle, CMC 59 City Clerk 60 61 62 63 (Corporate Seal) 64 Page 99 of 544 4+ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O C O O U r r r r r 00 f� Lp Lp .4 wi M 11� (D M (D Lp 00 0) CD O W) W) W) W) W) 0) f� W) N W) (FN f- N 00 W O 00 O .� N N N N N (D 'It O) O) (FN W O O Cd O O O O O O M N W CD W W) W) 00 N N N N N N N N N N N N N .w M b N a A A A A CdO ca ca ca ca ca ca ca ca ca ca ca a ca ca ca ca a p O4j 4j 10 4j 4j 4j 4j S4 O p O O C 0 0 0 0 0 0 0 0 0 0 0 a 04 04 04 04 04 04 04 04 04 94 C4 V 0 0 5 0 0 y O 94 04 04 04 C 45 H ca ca ca ca ca ca ca ca ca ca ca ca ca ca ca a 94 94 04 04 04 04 04 04 04 04 04 04 04 04 04 O 9 9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 x a N 0w 0o 0o 14 N 0 0 o a, D+I N N N N N N N N N N N N N N N N N N N N 14 1�1 ed ed ed ed ed ed .pi .pi .pi .pi .pi Cd Cd � .} �} Cd Cd Cd Cd Cd Cd Cd G4 a1 V1 f� a vpi b 3 3 3 3 3 us us vi ,C a Cd a a a b b ¢, U U U U U .� .� .4 cd O y p p p p p p b b b b b ed ed ed p k, U U U U U U "o "O "O "O "O 44 44 44 44 44O O d 3 3 3 3 3 3 3 3 3 3 3 'd U y U p U U U V Irl �y co a% a% %D O w %D w a% O -4 N 14 M0o N co N N N It O O - N N 14 O N O O N pip N N 14 N a% a% a% a% a% O %D n n n n n %D 0o 0o n O a% 14 w It qt qt qt It It It It It It It co co co co 00 N 14 N %D %D 00 `i 00 a% co co 0o 14 a% 4 N N ,i N n coco co 0 %D A co N %D co n n n N co N O O n 00 14 co 00 O N 00 O O co %D ' co O n 0o 14 0o 0o a% O 0 CO o0 a% O co O N N M co w M 4 CO a• CO 0 O x o N o o DC n o N ono n M o co 0000 c N n n n n n W 14 14 14 14 N W n M oo �n �n in in in n n n n n H pq 3 3 3 3 3 Al w w w w 3 3 3 x 3 U U A < as N N N N N N w w w w w w w w w w w it MCd Cd O O O O O O O O O O O O O O O 44 44 V a4 a4 a4 a4 a4 a4 a4 a4 a4 a4 a4 a4 a4 a a A a 14 N M 00 11) O %D 1A it) co N a% 0 p �A 1A 00 1A O N N N O 4 M O 14 % C N O N z a, a, 14 a, a, (A n n 0o n n M n M a% a% 14 4J 14 14 N 14 14 N n O O O O O N 14 O 4 d• 14 14n Vl The City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 PUBLIC WORKS DEPARTMENT PHONE: (561)742-6200 FAX: (561)742-6211 www.boynton-beach.org August 4, 2017 To Whom It May Concern: The City of Boynton Beach gives J.J. Kane Auctioneers authorization to sell vehicles and/or equipment owned by The City of Boynton Beach at your auction sales conducted during calendar years 2017 and 2018 in the United States. Sincerely, Lori LaVerriere America's Gateway to the Gulfstream Page 101 of 544 Walter Gillis,Account Manager 1235 12t"Ct Jupiter, FL 33477 Mobile(772) 418-0188 Fax(772) 382-0782 Contact: Lori LaVerriere Company Name: The City of Boynton Beach Express Mail Address(No P.O. Boxes): 222 NE 91h Ave City: Boynton Beach State: FL Zip: 33435 Phone: 561-742-6202 Fax: 561-742-6217 Email:robertsc@bbfl.us This agreement made the 3`a day of May 2017,between The City of Boynton Beach(hereinafter called "Seller")and J.J. Kane Associates Inc/trade name J.J. Kane Auctioneers(hereinafter called"Auctioneer", acting as agent for"Seller"). It is agreed as follows: 1) Time Frame a) The Seller hereby engages the Auctioneer to sell at public absolute auction sale,the property identified by the seller excluding chemicals,hazardous and/or environmentally unsafe equipment/material unless mutually written upon between Seller and Auctioneer. i) The Seller chooses to participate starting on the date of the agreement for a period of one(1) year. ii) This agreement shall cover auction sales conducted in the United States at JJ Kane and other facilities. iii) The Seller shall be responsible for clean-up/disposal of petroleum products/chemical spills coming from Seller property/auction items that are offered for sale during this agreement. The prompt and proper clean-up of any spills,leaks or other releases of petroleum or chemical substances and materials will be preformed following Federal, State and Provincial regulations. Auctioneer on certain occasions where a spill has occurred,notification to certain Federal, State and Provincial agencies may be required. Seller shall be responsible for all costs resulting in the clean-up of any spills/leaks or other releases of petroleum or chemical spills in accordance with any Applicable Laws. All clean-up/proper disposal costs will be billed back to the Seller and deducted from Seller sale proceeds. If said proceeds shall not cover the cost of spill cleanup/disposal, Seller will be billed the difference and Auctioneer shall be paid within 10 business days of dated invoice. The obligations set forth in this Article shall survive termination or expiration of this Agreement. 2) Auction Company Personnel a) Auctioneer shall provide all necessary auctioneers, accountants, clerks and office staff required to achieve the efficient and orderly performance of the auction sale. The Auctioneer shall employ qualified personnel to perform these jobs and shall perform this engagement in a professional and skilled manner in accordance with all applicable, federal, state and local laws and regulations. 3) As-Is&Where-Is Auction Sales a) The property/auction items will be offered for sale individually, or in the case of small miscellaneous items sold in lots as determined by the Auctioneer.The property/auction items will be sold on an"As-Is Where-Is"basis without any warranties of any kind expressed or implied. b) Seller agrees to disclose to Auctioneer any known defects or faults with property/auction items prior to the auction sale. 1 Page 102 of 544 4) Marketable Title a) The Seller specifically warrants they are the owner of and have marketable title to all of the property, free and clear from any liens,debts or encumbrances except as noted. The Seller further warrants that there are no judgments or liens against it and that there are no pending legal actions, claims or proceedings whatsoever which in any way would hinder,prevent or otherwise affect its right or ability to sell the property at auction sale. b) Seller agrees to deliver on request any documents, certificates,proof of ownership or titles,which would be required to deliver title to the property. c) In the case that there is a delay in the new purchaser receiving a clear title for any vehicle or trailer sold for the Seller,the net proceeds from the sale will be held, until a free and clear title is received by the purchaser, or at the discretion of the Auctioneer,that item would be pulled from the auction sale and remain the Sellers property. d) If Seller is a motor vehicle dealer,list dealer state&dealer number: 5) Titles On-Site a) The Seller agrees to have all signed titles, a letter of authorization to sell your vehicles and any other related paperwork(seller specific bills of sale), either in my hands by_30 days prior to sale dates_or hand delivered to the sale site by_7 days prior to sale date_. b) To comply with motor vehicle rules and so new purchasers may transfer ownership with minimal problems, a letter of authorization needs to be on your company letterhead and must accompany all titles. Below is a sample letter: To Whom It May Concern: ABC Construction Company gives J.J. Kane Auctioneers authorization to sell vehicles and/or equipment owned by ABC Construction Company at your auction sales conducted during calendar year 2017 in the United States. Sincerely Your Name Signature 6) Delivery Of Auction Items a) The Seller agrees to have said property/auction items delivered to the sale site starting_30 days prior to sale date and no later than 7 days prior to sale date . Items must be delivered in running condition(except when noted)with adequate fuel levels and a duplicate set of keys. 7) Insurance Coverage a) The Seller agrees to maintain proper insurance coverage on the property/auction items being sold until the day of the auction sale. b) The Auctioneer and owner of the sale site property will not be responsible for any damages to property/auction items resulting from acts of nature,theft, accident and/or vandalism while Sellers property is on the sale site. c) Auctioneer shall be responsible for loss or damage to Sellers property/auction items due to Auctioneers willful or negligent acts or omissions. 8) Commission a) The Seller agrees to pay the Auctioneer a commission rate of 0 percent on the gross selling price of every item identified by the Seller. b) The Seller agrees that Auctioneer will charge a 10 percent fee to the buyer for each item sold. c) The Seller agrees when applicable,that the Auctioneer may deduct its commission from the proceeds of the auction sale. 2 Page 103 of 544 9) No Sales a) In the event that a successful bidder attending the auction sale or bidding live over the internet fails to pay for an item for which he is designated to be the high bidder,that property/auction item would be considered a"No Sale"and no commission would be charged on that item and the Seller would retain ownership of said item. 10) Reimbursed Expenses a) If applicable and pre-approved,the Seller agrees that the Auctioneer may deduct the exact cost for any additional services that Auctioneer provides Seller from the proceeds of the auction sale. (1) Advertising N/A (2) Decommissioning&Washing N/A (3) Repairs_N/A (4) Transportation To Sale Site_Cost (5) Other_N/A_ 11) Payout a) Auctioneer will charge and collect from the purchaser,the purchase price together with all applicable taxes. Auctioneer will collect payment in full from the purchaser,prior to any property being removed. Seller shall be responsible for the payment of all income taxes accruing to Seller for revenue received from the sale of property. b) The Auctioneer agrees to pay the Seller the net proceeds from the auction sale 14 business days following the auction sale. Auctioneer shall mail a written report to Seller listing items sold and an amount equal to_100_percent of the gross selling price of the property sold at auction, as outlined under section(8) and less any approved expenses as outlined under section(10),in the form of a check made payable or electronic transfer to the Seller. Proof of all approved expenses will be provided with the payout. (1) Proceeds check will be made payable and mailed to the same name and address as it appears on page 1 of this contract unless otherwise listed: 12) Absolute Unreserved Auction Sales a) The Seller understands that the Auctioneer conducts absolute unreserved public auction sales where each item is sold to the highest bidder regardless of price. b) Furthermore,the Seller understands/agrees that it is illegal for the Seller or an agent of the Seller to bid on and/or buy-back any items owned by the Seller. c) If the Seller or agent for the Seller attempts to bid on and/or buy back any of the consigned property/auction items,the Auctioneer will at his discretion choose one of the following actions: (1) Pass the item currently being offered for sale along with all the other Seller's property/auction items. (2) Sell the item to the last"Good Faith"bidder before the Seller or agent for the Seller began bidding on the property/auction item. d) The Seller agrees that it will reimburse Auctioneer for any lost revenue,including seller's commission,buyer's fee and/or any pre-approved reimbursed expenses if a"Buy Back"takes place. 13) Advertised Items a) At the Auctioneers discretion,in the event that the Seller removes any advertised property/auction item from the auction sale, Seller agrees to pay the Auctioneer a handling fee of$500.00 for each item removed from the sale. 3 Page 104 of 544 14) Breach Of Contract a) In the event either party breaches any of the warranties contained herein or makes any misrepresentation, that party agrees to indemnify and hold the other party harmless from any and all liabilities or damages arising out of or relating to such breach or misrepresentation, including attorney's fees and other costs expended in any action or proceeding arising out of or relating to the breach or misrepresentation. 15) Entire Agreement a) This Agreement contains the entire agreement between the parties and there are no other terms, obligations or representations,written or oral, other than contained in this agreement. This agreement may be modified only by a further writing that is duly executed by both parties. b) Headings used in this agreement are provided for convenience only and shall not be used to construe meaning or intent. 16)The following section shall apply to the following vehicle mounted aerial devices (Hereinafter referred to as "aerial device"): a. Extensible boom aerial devices; and b. Aerial Ladders; and c. Articulating boom aerial devices; and d. Vertical towers; and e. A combination of any of the above. The vehicle may be a truck, a trailer, or an all- terrain vehicle. It shall be the sole and exclusive responsibility of Seller to provide Auctioneer with the operations, maintenance and manufacturer's manual(s) for each aerial device to be auctioned by Auctioneer. Seller acknowledges and agrees that their responsibility to provide all operations, maintenance and manufacturer's manual(s) shall continue in perpetuity even though Auctioneer is selling said items for the Seller. In the event Seller does not provide all operations, maintenance and manufacturer's manual(s) to Auctioneer,Auctioneer shall, in its own discretion,refuse to auction any aerial device until such time as the operations, maintenance and manufacture's manual(s) are provided from Seller to Auctioneer. Auctioneer may notify Seller of the name and location of the successful purchaser within a reasonable time upon completion of the sale. Seller hereby acknowledges its responsibilities in accordance with American National Standards Institute A 92.2-2009 in full and most specifically section 8.7 therein. 17) Disputes. a) Any disputes that arise between the parties with respect to the performance of this Contract, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Contract shall be construed under Florida Law. 18) Retention of Records. a) City shall have the right to audit the books, records, and accounts of Association that are related to the Project. Association shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Event. b) Association shall preserve and make available, at reasonable times for examination and audit by the City, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the 4 Page 105 of 544 Florida Public Records Act(Chapter 119, Florida Statutes), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined to be applicable to the Association's records, the Association shall comply with all requirements thereof, however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated. Seller hereby accepts all of the terms and conditions set forth above. J.J. Kane Auctioneers The City of Boynton Beach Contact: Walter Gillis Contact: Lori LaVerriere Signature: Signature: Date: Date: Please FAX back: 1) signed contract 2) "the Statement requested in Item #5 (and also prepared on the following, 5`", page), printed on your Company Letterhead and signed" To: Walter Gillis,FAX (772-382-0782) 5 Page 106 of 544 Date: 05-03-17 To Whom It May Concern: The City of Boynton Beach gives J.J. Kane Auctioneers authorization to sell vehicles and/or equipment owned by The City of Boynton Beach at your auction sales conducted during calendar years 2017 in the United States. Sincerely, Lori LaVerriere 6 Page 107 of 544 6.E. CONSENTAGENDA 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: Approve increase of Purchase Order 170573 issued to Hyvac Mechanical Services in the amount of $12,840.00 for ac preventive maintenance services for EWTP, WWTP, &ADMIN BLDG. This contract expires on October 08, 2017. EXPLANATION OF REQUEST: Boynton Beach (Utilities) utilizes Hyvac Mechanical Services for the provision of AC preventive maintenance services for EWTP, WWTP, &ADMI N BLDG. The need for additional unseen emergency repairs of AC unit in the plants has resulted in additional invoices exceeding the $25,000 limit. Many of the equipment located at the plants are extremely expensive and need constant cooling in order to function correctly therefore if a unit is not working correctly an emergency repair is needed to prevent an overall greater problem with malfunction of the equipment that runs the plants. To date for FY 16/17, expenditures for these services total $26,480.00. Utilities recommend approving the increase for Purchase Order 170573 in the amount of$2,000 to meet the needs of Utilities AC preventive maintenance through the end of FY 16/17. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Approval for increase amount of Purchase Order 170573 will allow for uninterrupted Preventive Maintenance for Utilities three(3) locations. FISCAL IMPACT: Non-budgeted Non-budgeted Impacted accounts: 401-2811-536-49-17; 401-2821-536-49-17. ALTERNATIVES: None. A lack of coverage will negatively impact the operation of the West Water Treatment Plant, East Water Treatment Plant and Main Administration Building. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 108 of 544 Is this a grant? Grant Amount: REVIEWERS: Department Reviewer Action Date Utilities Groff, Colin Approved 8/17/2017® 4:21 PM Assistant City Manager Groff, Colin Approved 8/31/2017® 7:38 AM City Manager LaVerriere, Lori Approved 8/31/2017® 8:18 AM Page 109 of 544 6.F. CONSENTAGENDA 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: Approve the purchase of two (2) used 2012 Toro GR3300 tri- flex greens mowers at$15,000 per mower from WW Sod & Equipment Company of Okeechobee, FL. based on three written quotes. EXPLANATION OF REQUEST: These mowers are to be used strictly for the newly installed championship greens to prevent cross contamination from the grass on the family golf course. The City just completed finishing a project that resurfaced the championship course putting surfaces, including the practice putting green, chipping green and the teaching green. As part of this project staff felt there was a need to update the mowers that are used on the greens. Staff looked at buying new Toro mowers off a State of Florida contract(#21100000-15-1) and the pricing was approximately $26,000 per mower. After researching the option of purchasing used Toro mowers, staff has located two (2) Toro mowers with low hours on them for $15,000 each. Staff found other vendors with similar used mowers and the cost was between $17,000 and $19,000 each. Staff is recommending purchasing the 2 mowers from WW Sod & Equipment for $15,000 based on the 3 quotes they obtained for used mowers. This will give them two mowers for the cost of$30,000 versus one new one for $26,000. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? These mowers will help provide a more consistent putting surface for our customers to play golf on. FISCAL IMPACT: Budgeted Funds are included in the FY 16/17 budget under account#411-2911-572-63-01 ALTERNATIVES: Either issue a formal bid and purchase new but based on State of Florida pricing staff feels it would be approximately double the costs or staff would have to use existing equipment (walk mowers) which would be labor intensive and less efficient. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 110 of 544 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Quotes Toro Tri-Flex mower quotes D Addendum Purchase over $10,000 REVIEWERS: Department Reviewer Action Date Golf Course Pyle, Judith Approved 8/14/2017® 1:39 PM Assistant City Manager Groff, Colin Approved 8/15/2017® 12:34 PM Finance Howard, Tim Approved 9/1/2017® 9:30 AM Legal Swanson, Lynn Approved 9/1/2017® 10:35 AM City Manager LaVerriere, Lori Approved 9/1/2017® 1:43 PM Page 111 of 544 WW SOD & EQUIPMENT CO 6201 SE 128TH AVE Okeechobee, FL 34974 591-662-1936 QU O T E Customer Mlsa Name The Links at Baynton Beach Glen L2ndgraf Date 811012017 Address PO Box 310 _ Order No. City Boynton Beach State FL ZIP 33425 Rep Phone FOB (qty Descrl tion Unit Price _ TOTAL 2 Used 2012 Toro GR3300 Tri-flex mower w111 Blade DPA Reels $15,000.00 $ 30,000.00 681 &hrs 1261 * Machines are serviced,ground and set for height of cut AS IS WHERE IS NO WARRANTY Quote valid--3-0--days SubTotal $ 30.000.00 Shipping Pa mint a ect ne Tax Rate(s) EKEMPT Comments TOTAL $ 30,000.00 Name 7 ; u a Expires We appreciate your Businessi Page 112 of 544 mm d I ' I .. �'gIIrIWo k � ii r I� In 41 i rr, I 4 k r 3 Ep �. 4 (03 as c m tj w , I A i h �. ra rt� f a4' E AMMM i w. Page 113 of 544 Z'IA UTTER I 'Greens 4 1111111 Mowers Mc ltl ^'i✓r-01JiiSM1�'Y4kT.1f iG:WI: 2012 TORO GR3300 2013 TORO GR3320 2012 TORO GR3150Q 2409 TORO GR3250.0 2010 TORO GYR2 TRIFLER-1771 h4Ursl RIPLEX 14-blade reels! 1773 hoursl-3 avallable. Only 1591 hours!With Bagkelsl 11-blado reels!Cl Priced at$19,900 Priced at 19,904 Priced at$17,500 Priced at$1$,900 Priced at$10, AP TORO GR3050 2009 JACOBSEN OK-IV+ 2012 JOHN DEERE 25006 2010 JOHN DEERE. 2010 DEERE 2500E 2006 JOHN DEEP 1270 HOUrsl! DPA'SI 1650 hours- CLEAN! 1080 hours!QA5 Hesdal 2500E Gas-QAS Reels! Diesel-934 hours! WALKER$4 av; Priced at$6,900 Priced at$12,900 ypS Priced at$14,940 yq-Clean!Priced at$9,900 Priced at$15,900 Priced at$1„ 'SprayerFM Y y �• it S t' N � �* � Rollers & Rakes ` ' IIID CUSHMAN SPRAYER 2012 TORO MP1250 SPRAYER TRU-TURF ROLLER 2012 TORO SP3049 BUNKER 300 Cellon-diesel! 1274 hours!17$G811on1 52"With Hari a Cngincl RAKE Front Blade-Rear' '�°- Priced at$9,995 Priced at$18,900 Priced at$7,900 Rakesi Priced at$9,900 ir- 0 r I•f v 2090 TORO Mf}570002I TORO WORKMAN TORO 6ANDPRO 3020 2011 TORO 5040 RAKE 2006 TORO MP7250 1861 hours! 300 Gai!onl SPRAYER 240 Qallon-NICE! Blade-Cultivator-Rakes! Rakes-Power Blade! SPRAYI_R Many Options! Priced at$2$,900 Priced at$18,900 Priced at$3,900 Priced at$11,900 Priced at$11,900 lar Vehicles R ; f 411 W 4' 2013 TORO WORKMAN HDX 2009 TORO WORKMAN HOX 2011 CLUB CAR TURP2 2013 POLARIS BRUTUS 2013 CLUB CAR 1604 HOURS-CLEANI 2050 hoursl-UQ Cooledl Mid Duty!2 available! MD Vary low hours!! Several Avallal Priced at 1$,900 Priced at$13,900 Priced at$4,395 Priced at$21,999 Priced a1$5,4 2014 TORO MOX DEERE PROGATOR 2030A 2011 EZGO 800G 2014 TORO WORKMAN MD 2010 TORO MD 2010 CUSHW NICE! Dlesell 1600 hours! Mid Duty!Nice! 955 hours-2 Avail!. WORKMAN$ TRUCKSTER 1401 Priced at 16 495 Priced At$14,940 Priced at$3,995 Priced at$5,995 1300 hours-Priced at$4,49$ ROPS Priced at$' ROTARY--:-WE OFFER AWIDE RANGE OF GREENS MOWERS , F TRIM MOWERS '"SPRAYERS flOILERS & - "" 00- 596- n8 3 1 . MEN— r, I CI'T`Y OF BOYNTON BEACH 40 REQUEST FOR PURCHASE OVER 101,000 Date: 8/14/2017 Requesting Department: Gaff Course Contact Person: Ron Tapper Explanation for Purchase: The equipment being purchased is needed for maintenance of the new TifEagle greens recently installed on the Championship Course. The 2 used Toro CR3300 Tri-Flex mowers are for use on the Championship Course only to avoid cross-contamination from the grass on the Family Course, Recommended Vendor WW Sod & Equipment Co Dollar Amount of Purchase $30,000 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contact PRIDEIRESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE; Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 411-2911-572-63-01 - Funds are from balance remaining from new greens project (CF1701) Approvals: Department Head '16",,x(, Date 8/14/2017 Purchasing Agent Date Asst City Manager Date City Manager Date Farm Revised 02/01/02 Page 115 of 544 6.G. CONSENTAGENDA 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: Authorize the City Manager to approve change orders 1 and 2 from Con Tech Building Corporation of Delray Beach, FL, in the amount of $15,220 and an additional contingency of$1,522 for unforeseen conditions discovered while the contractor was implementing bridge repairs. This increases the total estimated costs from$51,256 to $67,998. EXPLANATION OF REQUEST: Each year the Florida Department of Transportation inspects each of the City maintained bridges and offers the City a report that details findings and recommendations for deficiency corrections. On June 6, 2017 approved resolution R17-055 authorizing the City Manager to sign the proposal from Con Tech, the lowest responsible bidder, to address FDOT's repair recommendations in the amount of $46,596 plus a 10% contingency of$4,660 for a total estimated cost of$51,256. Upon initiating repairs to the bridges on South Lake Drive and Mission Hill Road, Con Tech found that concrete spall was present in more areas than was documented in the FDOT reports. Con Tech recommends the additional repairs, covered by these two change orders, to address concrete spall. Spall is caused when water infiltrates into concrete, chemically reacts with the iron in the rebar reinforcement and causes the rebar to rust. As the rust expands it causes the concrete, encasing it, to flake off in pieces. When spall occurs, it is not immediately obvious as it may take time for the rusting rebar to cause pieces of concrete to fall from the structure. Therefore the limits of spall repair are best identified during the repair process. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The repairs will extend the useful service life of the bridges. These two bridges were installed in the 1950's and are nearing the end of their service life. A bridge replacement program (to replace a 50+ year old bridge each year for 7 years) has been scheduled and budgeted beginning in 2021/2022, in the City's upcoming proposed Capital Plan. This repair work could extend bridge life beyond this date if the work is successful. FISCAL IMPACT: Non-budgeted This project is budgeted. The revised proposal cost is$67,498 and shall be funded from the Bridge Repair— Maintenance and Improvements component of the City's FY 2016/17 Capital Improvement Plan, Project Number: TR0903 (street maintenance). Original Proposal Amount $46,096.00 Original Contingency $ 4,660.00 Change Order No. 1 $ 7,735.00 Change Order No. 2 $ 7,485.00 Additional Contingency $ 1.522.00 Total Revised Proposal $67,498.00 Page 116 of 544 ALTERNATIVES: Defer the repair of some of the bridges to a future year (not recommended) or consider replacing the City's bridges starting in 2018/2019. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Change Order No. 1 D Addendum Change Order No. 2 D Attachment Reso R17-055 Page 117 of 544 cog TOC/I Building Corp. 3822 S.Lancewood Pl. Delray Beach, FL 33445 Phone:561-637-2222 Fax:561-865-7047 Email: bbrewer@bc-ct.com Web: www.bc-ct.com Florida license#CGC-062808 Change Order #1 Invoice Detail- Project: etaiIProject: Boynton Bridges S. Lake Dr, 935303 Date: 8/14/2017 location item quantity unit cost total $ south sidewall tie beam repair 13 sf $85.00 $1,105.00 column spall repair 28 sf $85.00 $2,380.00 center column column spall repair 23 sf $85.00 $1,955.00 north sidewall tie beam repair 11 sf $85.00 $935.00 column spall repair 16 sf $85.00 $1,360.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Totals $7,735.00 Amount Paid Balance Due: $7,735.00 Thank you for being our customer. Note: Final cost will be based on actual quantities repaired or replaced. Page 118 of 544 cog TOC/I Building Corp. 3822 S.Lancewood Pl. Delray Beach, FL 33445 Phone:561-637-2222 Fax:561-865-7047 Email: bbrewer@bc-ct.com Web: www.bc-ct.com Florida license#CGC-062808 Change Order #2 Invoice Detail- Project: etaiIProject: Boynton Bridges Missin Hill 935305 Date: 8/14/2017 location item quantity unit cost total $ east wall tie beam repair 19 sf $85.00 cost column spall repair 14 sf $85.00 $1,190.00 overhead spall repair 38 sf $65.00 $2,470.00 west wall tie beam repair 12 sf $85.00 $1,020.00 column spall repair 19 sf $85.00 $1,615.00 center tie beam repair 7 sf $85.00 $595.00 column spall repair 7 sf $85.00 $595.00 $0.00 $0.00 $0.00 $0.00 Totals $7,485.00 Amount Paid Balance Due: $7,485.00 Thank you for being our customer. Note: Final cost will be based on actual quantities repaired or replaced. Page 119 of 544 1 RESOLUTION NO. R17-055 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN A PROPOSAL FROM CON TECH 6 BUILDING CORP., IN THE AMOUNT OF $46,596, PLUS A 10% 7 CONTINGENCY OF $4,660, FOR A TOTAL ESTIMATED COST 8 OF $51,256 FOR THE PURPOSE OF COMPLETING BRIDGE 9 REPAIRS THAT WERE RECOMMENDED BY THE FLORIDA 10 DEPARTMENT OF TRANSPORTATION; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 WHEREAS, each year the Florida Department of Transportation inspects each of the 14 City maintained bridges and offers a report that details findings and recommendations for 15 deficiency corrections; and 16 WHEREAS, the work scheduled to take place on the bridges includes 17 recommendations from the FDOT's August 2015 and August 2016 reports; and 18 WHEREAS, staff obtained three quotes regarding the needed bridge repairs and has 19 chosen the lowest responsible quote which was Con Tech Building Corporation in the amount 20 of$46,596; and 21 WHEREAS, staff is recommending that the City Commission approve and authorize 22 the City Manager to sign the proposal from Con Tech Building Corporation in the amount of 23 $46,596, plus a 10% contingency of $4,660 for a total estimated cost of $51,256 for the 24 purpose of completing bridge repairs that were recommended by the Florida Department of 25 Transportation. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\SATNOEVN\Con_Tech_Building_Corp_Bridge_Repair_Proposal_ Reso.dOC Page 120 of 544 31 Section 2. The City Commission of the City of Boynton Beach, Florida does 32 hereby approve and authorize the City Manager to sign a proposal from Con Tech Building 33 Corporation in the amount of$46,596, plus a 10% contingency of$4,660 for a total estimated 34 cost of$51,256 for the purpose of completing bridge repairs that were recommended by the 35 Florida Department of Transportation, a copy of which is attached hereto as Exhibit "A". 36 Section 3. This Resolution shall become effective immediately upon passage. 37 PASSED AND ADOPTED this day ofIle— , 2017. 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 YES NO 41 42 Mayor— Steven B. Grant 43 44 Vice Mayor—Justin Katz 45 46 Commissioner—Mack McCray 47 48 Commissioner—Christina L. Romelus 49 50 Commissioner—Joe Casello 51 52 VOTE 53 54 ATTEST: 55 56 , 57 (� 58 Judi, A. Pyle, CMC 59 Cit�Clerk 60 61 I"� 62 63 (Corporate Seal) t \ + 64 C:\Users\StanzioneTWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\SATNOEVN\Con_Tech_Building_Corp_Bridge_Repair_Proposal_- _Reso.doc Page 121 of 5 Building Corp., 3822 S.Lancewood Pl. Delray Beach,Fl. 33445 Phone 561-637-2222 Fax:561-865-7047 Email: bbrewer(act-bc.com Web:Nvww.ct-bc.com Florida license#CGC-062808 Thursday, June 1,2017 Project Information Attn: Ga''3' y Dunm er Contact- Gary Dunmyer Cell# - 631-1813 City of Boynton Beach Office# - Fax# - dunmyerggbbfl.us Re: Bridges Concrete Repair STRUCTURAL REPAIR PROPOSAL We are pleased to propose furnishing all labor, equipment, supervision and material for the execution of the following scope of work as per on-site inspection. We believe that the items below are in accordance with your requirements and I hope that this proposal is viewed favorably. We are available to you at any time to assist you with this or with any other construction needs that you may have. 1. SCOPE: Remove all unsound or delaminated concrete,providing a minimum 1/4" substrate profile amplitude and 3/4" clearance behind corroded reinforcing steel. A bond scrub coat will be applied to all repair areas, prior to the application of the structural repair mortars. Prior to starting the placing of concrete,the entire area will be cleaned with water, to a super saturated condition. After placing of any repair concrete, a coat of curing agent will be applied. Corroded reinforcing steel will have all oxidation and scale removed from the exposed steel and then treated with a flexible cementious rebar coating. Vertical repairs will generally be done with shrinkage-compensated, fiber-reinforced structural repair mortar with integral corrosion inhibitor. Horizontal repairs and most formed repairs, from 1" to 8" deep will generally be done with a flowable, shrinkage-compensated structural repair concrete with integral corrosion inhibitor. Con Tech uses Sika, Sto, Sonneborn and Master Builders repair products. All brands are nationally recognized and are the best available. The Engineer and/or the owner will determine the actual brand used. Page 122 of 544 2. CONTRACT SUM: $46,596.00 Refer to itemized bridge estimate sheets Note: Final cost will be based on actual quantities repaired or replaced. 3. ALTERNATES: None at this time. 4. VALUE ENGINEERING: None at this time. 5. MISCELLANEOUS: A.Debris removal to contractor's debris container. B. Owner shall supply all utilities. C. Tile,carpeting,floor covering, and landscaping and interior finish/replacement will be by others. D.A Notice of Commencement must be received by Con Tech before any work is started.Work may be suspended if payments are not received on time. Invoice payment is due in full,according to contract terms.If a lien needs to be placed on the property because of unpaid balances,a minimum of a$2,500 administration charge will be added to the lien amount. E.Heavy equipment(cranes,concrete trucks,helicopters,etc.)may be used. Con Tech will not be responsible for damage to existing sidewalks,driveways, landscaping,etc.because of equipment weight. F.All work is bid as per prints and specs.Code issue changes will be treated as an additional work order.Any work necessary to be performed,due to misc. findings,upon demolition or excavation, (i.e.plumbing, electrical, mechanical,rock,water,dewatering,hazardous materials,etc.)not delincated herein,shall be in addition to the contract sum. G.A minimum repair charge will be charged on all repairs(1 cf, 1 If, 1 sf). H.Misc. carpentry, concrete work and painting will be billed out at$42.00 per hour,plus material at cost plus 15%. I.This proposal including scope of work becomes part of the general contract. J. Should the scope of the project increase substantially in size,then the costs of the increased general conditions shall be included in the increased scope. K.Any special order material requiring deposits by the manufacturer or supplier will be paid by the Customer before the product is ordered L. All impact and municipal fees,utility fees/deposits, connection charges,meters,electrical service upgrade,permits, expediting,engineering,bond costs,security,surveys,testing,x-rays and inspection costs, if necessary, shall be Owner expenses. M. In the event of a hurricane warning or watch,the securing of the jobsite will become an extra expense to the owner.This includes dumpster removal, scaffolding tear down,securing material and temporary board up of the property. N. In the event that Con Tech initiates legal proceedings in order to enforce the collection of any unpaid sums due under this contract or any other breach by Client,the prevailing party shall be entitled to an award of its reasonable attorney fees and costs,which shall include all attorney fees and costs incurred pursuant to any appeal or bankruptcy proceeding. The venue and jurisdiction for any such legal action under this contract shall be exclusively Palm Beach County,Florida 6. PROJECT DURATION: This project should be substantially complete within ( 45 ) working days from commencement of actual construction, subject to the availability of and delivery of any materials and/or fabricated items, permits and inspections. 7. PAYMENT TERMS: A 25% down payment is required at contract signing. All projects are billed out on the 15th and at the end of the month and are due within 7 days. A 1 .5%monthly service charge will be applied on all invoice payments exceeding contract terms. 8. COMMENCEMENT: Page 123 of 544 Within 30 days of receipt of the building permit. Thank you for giving Con Tech the opportunity to be of service to you. To view projects in progress or to learn more about us and the services we provide, please visit our web site at www.ct-be.com Sincerely, 94 $,2kWt4 Bob Brewer President Acceptance of Proposal The above prices and specifications are hereby accepted. You are authorized to do the work as specified, payment will be made as outlined above. Authorized Signature ______ _e_ --- Date _____ Z _-7 Proposal valid for 30 days. JAS APPROVED FO M. /) -CITY ATTORNEY Page 124 of 544 6.H. CONSENTAGENDA 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: Approve award of the bid for "Newspaper Microfilming and Digitization Services", Bid No. 059-2610-17/IT to Northern Micrographics of La Crosse, W I to conduct microfilming and digitization with OCR(Optical Character Recognition) indexing of the Lake Worth Herald newspaper from 1912 to 1970 in the amount of$36,794.70 plus a contingency of$3,679.47 for additional expenses if staff determines they are needed for a total of$40,474.17. EXPLANATION OF REQUEST: On August 21, 2017, Procurement Services opened one bid in response to the Request for Bid Newspaper Microfilming and Digitization Services. Bidders were directed to provide pricing for all equipment, labor, tools, materials supplies and shipping charges for microfilming and scanning approximately 31,985 newspaper pages. Northern Micrographics submitted the lowest, most responsive, responsible bid with a cost per pricing for all equipment, labor, tools, materials supplies and shipping charges for microfilming and scanning approximately 31,985 newspaper pages is $36,794.70. The other two vendors declined to bid based on one did not possess the requisite ResCarta experience and the other one did not possess necessary equipment to perform this specialized work. Based on the interest from vendors throughout the procurement process, Finance/Procurement is recommending to proceed with the one vendor that submitted a bid. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Saving this local historical information in this format will provide free access for current and future generations with important historical information about Boynton Beach and the surrounding areas back to 1912. FISCAL IMPACT: Budgeted The Boynton Beach City Library was awarded a $35,000 Library and Services Technology Grant (LSTA) from the Federal Government through the Florida State Library. Any costs in excess of what is covered by the LSTA grant will be paid from donations from the Lake Worth Public Library, the Lake Worth Herald and the Library donation account. ALTERNATIVES: Do not approve bid award. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 125 of 544 Is this a grant? Yes Grant Amount: $35,000 ATTACHMENTS: Type Description D Attachment Bid Tabulation D Attachment Bid Submittal ® Northern Micrographics D Attachment Library Digitization Bid 2017 Page 126 of 544 { § ± ) 2 § % 2G _ S & - ] 99 a q 2 - � � / / / / w � � onco m m m w � w - � 2 2 2 0 E a� u u u n 0) 0) co co z _ _ � � � r IC31 2300 ¥ ¥ ¥ 7 m o r- / / 6 / / � � � � k ) a a � 2 // LLI / / § C14 ¥ ¥ \ ¥ ¥ z / ® \ / 2 _ m 0 22 0 6 � (D C14 FD W _ _ \\ /LLa � = G \ (D LLI z2#« � E / E 2 ) § § 2 ) 1 / _ _ \ { D m � o = § / Vit: } [ \ E \ � � � ] k \ \ \ \ ) c m W U 2 b § ) LU ) o § \ S � \ � w o7C? 0 i ) 00� � � § Fn q � � � - o [ / � (m § { z = N_ § Cl)m ) 3 ° 0 CL m ] ( ® CL jX < / O \ \ § e w = z E _ L \ m j e CL 0 § o \ 2 / / § § ) E e_ j Of E § \ § U k k � § / LU 7 _ � n _ ® $ & - _ / § 0 2 \ 22C Q u § 2 a a a a2@ ) ® � ee G = O o u o c M M M M q � ® = E ® § _ , > n3 u ± z u o 0 0 0 < ƒ � � _ 2 Lu % \ » w � _ amu ® < _ 2E o = 2E LU : _ W z .. \ e < 0 0 0 0 ou0 2 / / zU u § \ ±\ \ / c z z w w w X27 24 ® of § e & .. / pg ® § \ � \ § LubLubLUbLub \ 2 § \ \ � k Lu of \ ƒ 2 § / G \_ � z LU ?_ ? _ ? _ ? _j _j \ § \ ) 7 of 0- \ \ § ) § 3 o » § § 2 c § ®� ® < ® < ® < / z0 0 < § } { ƒ 7 { f § W eee » _ _ < _ _ �Q � Q � o � o20 z ® / 00 0 ® o } 9 2 333 om < y Em mw = wmw = w � z = « m o4 < - o = a4 �a August 17, 2017 Procurement Services City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425-0310 Northern Micrographics (NM) is pleased to respond to City of Boynton Beach Invitation to Bid NO. 059-2610-17/IT Newspaper Microfilming and Digitization Services. NM understands the requirements and is capable of providing quality service to meet the objectives specified within the RFQ. NM agrees to be bound by the terms, conditions and pricing stated in the proposal. If you have any questions regarding NM's response to the RFQ, please contact me at 800-236-0850 ext. 130. We look forward to working with you. Sin erely, / Colleen Luvinsky Regional Sales Manag 2004 Kramer Street,LaCrosse,WI 54603 phone:(608)781-0850 told free:800-236-0850 fax:(608)781-3883 www.normioroxom Page 128 of 544 Northern Northern Micrographics City of Boynton Beach Invitation to Bid Microfilming j Procurement Services City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 Northern Micrographics(NM) is pleased to respond to the invitation to bid for City of Boynton Beach (BBCL) Newspaper Microfilming and Digitization Services NO.059-2610-17/IT. Vendor Project Responsibilities Vendor Facilities NM corporate headquarters occupies a 36,200 square foot facility in La Crosse,WI.The entire facility is climate controlled, smoke-free and is monitored by a security system. Imaging production areas are restricted to NM personnel only. The scanning facility was designed for secure and proper handling of original source documents, as well as microfilm/microfiche. The foundation of our facility is steel reinforced concrete to assure vibration- free stability of equipment. The scanning facility is equipped with state of the art hardware and software. Each workstation is properly cleaned and calibrated prior to filming or scanning to ensure the area is free from dust and other distorting materials. Our production facility contains an ANSI-standard storage vault that is fireproof, waterproof, and temperature/humidity controlled conforming to the ANSI/NAPM IT9.11 storage standard.All digital and microfilm masters are stored in our vault for safe keeping as well as work-in-process source documents. Photographs are not available of our facility for security reasons. Please see Attachment B for a layout of the Northern Micrographics facility. Onsite inspection of our facility is available upon request. Shipping nReceiving NM will notify BBCL of shipments arrival and any discrepancies that may have occurred in that shipment. NM understands and will comply with the guidelines of packing and shipment of original historical and digital materials as outlined in the RFP. NM understands the project will be shipped within four groups and packed in chronological order with the exception of bound items in reverse order. 1 2004 Kramer Street, La Crosse,WI 54603 Phone:800-236-0850 1 Fax:608-781-3883 1 AA19E@nMt&m I Aww.normicro.com Page 129 of 544 ffilrx; Northern Micrographics Storyatang of materials NM trains all staff in the special handling and technical processes required for the digitization and filming of endangered or rare materials. The average technician at NM has 5 or more years of experience in these processes.The department supervisors are responsible for training new employees and assuring that the appropriate processes and techniques required by ANSI/AIIM/RLG standards are adhered to during all phases of production. In addition to formal training, NM technicians have had experience completing both filming and scanning projects for libraries and universities throughout the United States. These projects have ranged from small preservation filming jobs to large digitization projects like the first phase of Making of America performed under contract for Cornell University and the University of Michigan. Microfilming Procedures NM will provide microfilming services as specified in the RFP. NM will follow all ANSI/AIIM and RLG standards for preservation microfilming.The project consists of 13,985 pages which are considered "brittle" requiring special handling and repair as needed.Total project consists of 31,985 pages to be filmed in four groups. Filming to be one-up orientation,with the exception of center folds which shall be filmed two-up orientation. NM will provide standard targets as requested within the RFP, and understands BBCL will provide any custom targets, if required within the shipment. NM will create two 2nd generation negative print masters from each 1'generation camera master negative. NM will create three 3"d generation positive service copies from each negative print master. Scanning Procedure All scanning and quality control procedures are performed in a climate controlled, secure environment. The scanning facility was designed for secure and proper handling of original source documents, as well as microfilm/microfiche. NM uses a mix of internally developed and commercially available hardware and software for all digital processes. Equipment is checked daily in accordance with ANSI/AIIM standards. Each workstation is properly cleaned prior to scanning to ensure the area is free from dust and other distorting materials. No food or drink is allowed in the scanning facility and operators will wear lint-free gloves. NM will grayscale scan each reel of microfilm at 400clpi to archival TIFF.All images will be processed utilizing production tools to produce ResCarta compliant data for ingestion into the ResCartaWeb content management software. ResCartaWeb will be hosted by BBCL. NM will provide all data on a hard drive for customer review. BBCL will notify NM of any discrepancies which in turn will be corrected and then returned back to BBCL for loading into ResCartaWeb. 2004 Kramer Street,La Crosse,W!54603 2 Phone:800-236-0850 1 Fax:608-781-3883 i gak!&n2ism J www,norr icro.c r Page 130 of 544 U n Northern Micrographics Vendor Imgection of Images All receipt, scanning,quality control and stamping workstations are networked with password control. Materials received will be logged into a control database that will contain various types of metadata information. Image capture will be performed under database management to assure proper page count. Post processing of the rale will also be managed by the same database to insure that file naming and TIFF header stamping is performed correctly. Each image will undergo a binary software check to test the integrity of the individual file and a human visual inspection at designated quality control areas prior to shipment. Each image is quality checked three times: 1. While scanning,the imaging technician compares the scanned image to the original source.The sharpness,contrast, and brightness level is adjusted in order to replicate the original source. Each scanned image and derivative file is individually viewed in order to guarantee that the original was captured accurately. . Prior to copying to delivery media (external hard drive), each scanned image is manually viewed to check for proper orientation (image rotation, etc.). 3. After recording,we run a checksum which compares the images on the hard drive to the images on the delivery media.The delivery media is recreated if errors are found. it c Structure and File Naming Standards For years,organizations have created systems and developed guidelines for converting source material to digital format.While many of these guidelines worked well in individual instances, it left many institutions searching for a widely accepted standard for a variety type of collections.Such standards should help facilitate the sharing of digital collections. Through a collaborative process,the ResCarta Foundation formed a set of standards that will guide the creation, storage and display of digital objects. Northern Micrographics will utilize the ResCarta standard to establish appropriate directory structure,file naming and metadata elements. Each ResCarta object is stored in its own folder utilizing a four level directory tree. Each level will always have an eight character name.The concatenation of the three lower level folder names is the object identifier and it is intended to be globally unique. 2004 Kramer Street, La Crosse,W!54603 3 Phone:800-236-0850 1 Fax:608-781-3883 sal s r�N t.coo JAww.normicrocom Page 131 of 544 Northern Micrographics Directory Tree Schema: RCDATA01 I INSTITUTIONAL ID AGGREGATOR I ISSUE The top level folder of a ResCarta archive is named "RCDATA01" and is always at the root of the directory structure. The second level is referred to as the "Institutional ID" and it is often derived from the organization's normalized MARC identifier as a way to maintain uniqueness. The third level of the object tree is referred to as the "aggregator" level. This level is always eight characters in length and named from a sequential dumb number generated at the time of production. The choice of its name is arbitrary as long as global uniqueness can be maintained. This directory name will typically reflect that date (YYYYMMDD) in which the digital files were generated. The fourth level in the tree is the issue/container level. Again,this level is always eight characters in length and is given an institutionally unique identifying name,also known as the root identifier. All file names will be sequentially named and eight characters in length.The digital files will reside within the container level. Example; RCDATA01 I boyntonb 11 20170616 1 00000001 1 00000001.tif Vendor Prod uction/Deliv Schedule NM is a full service digital and microform preservation organization. We are in the business of completing daily and ongoing projects such as the one in this specification for our customers. As such, we are aware of and adhere to the proposed timetable as outlined in the RFP.; S contra ie All work will be performed within our facility.Subcontracting will not be required for this project. Warranties/Guarantees Pvi NM will make every effort to insure the quality of all digital images, technical metadata and directory structure. If any products are deemed unacceptable, NM will make necessary corrections at no cost to BBCL. 2004 Kramer Street, La Crosse,WI 54603 4 Phone:800-236-0850 [ Fax:608-781-3883 j sales@nmt.com I www.normicro.com Page 132 of 544 C Insurance An example copy of NM's Certificate of Liability Insurance can be found in Attachment A of this response. Rights oveLpLcLducts NM will perform these services as work for hire. Business Northern Micrographics'experience in the imaging industry began in 1947 when it was established as the Microcard Corporation in La Crosse, WI.The Microcard Corporation quickly became a pioneer in the field of unit microforms,establishing the first commercial microfiche production facility in the United States.After the sale of Microcard Corporation to the National Cash Register Company in 1966,the same principals founded Gateway Research, which, in turn became Northern Micrographics in 1973. Northern Micrographics and Brookhaven Press specialize in microprinting and micropublishing serving academic,commercial and industrial markets. In 1986, Northern Micrographics spun off its computer graphics operations to form NMT Corporation specializing in GCOM (Graphic Computer Output Microfilm)services and software development for the engineering graphics and utility industry marketplaces. In 1999, Northern Micrographics, Brookhaven Press and Brookhaven Bindery were merged into NMT Corporation and currently operate as divisions of NMT. NMT is a Wisconsin corporation with headquarters and production facilities in La Crosse, Wisconsin. Today, Northern Micrographics is a high volume, high quality imaging firm producing microfiche, rollfilm, and digital images for many commercial, industrial and academic organizations nationwide. NM is a privately owned, closely held corporation. Financial information is not disclosed.There are approximately 45 full and part time employees. NM's Federal tax ID number is 363454000. Key Personnel and TechRjggL1RpR2n Listed below are the key personnel that will supervise and/or work on this project.Any technical issues will be addressed with your primary contact. Discussions with the other key personnel listed below are available upon request/necessity.Contacts are available from 8:00 am—5:00 pm CST. Daniel Gelato—President Daniel Gelatt has a Ph.D. in theoretical physics from Harvard University where he taught physics. He went on to IBM's Watson Research Center and, with a co-worker, shared an award from the American Institute of Physics for industrial Applications of Physics. Since 1982, he has headed Northern Micrographics and NMT Corporation. He was a member of the Board of Regents of the University of 5 2004 Kramer Street, La Crosse,WI 54603 Phone:800-236-0850 [ Fax:608-781-3883 i2igOnmt,cm I Aww. orrmcro,cot Page 133 of 544 N t; Aw Northern Micrographics Wisconsin System from 1989-1996, and sits on the Board of Directors of The Principal Financial Group, Des Moines, Iowa. Scott Pechacek—VP,Sales& Marketing Scott Pechacek joined Northern Micrographics in 2004. He has held previous positions with Winnebago Software,the Sagebrush Corporation and the Fastenal Company. He brings 20 years of experience in sales, marketing and product management within the library/archives community. John Sarnowski—Director, Imaging Products John Sarnowski founded and owned Great River Systems, Inc.,one of first Sun system integrators in the country, with clients such as Cray Research, Medtronics, Inc. and U.S.Army. He wrote "Talon", a precision art system,for the metal nameplate industry converting Postscript data to vinyl cutters, lasers, and image setters. He created the"Virtual Office" imaging system of software products for Indus International and taught Computer Integrated Manufacturing courses for IBM and Sun Microsystems. John has attended seminars for preservation filming and scanning sponsored by the Northeast Document Conversion Center and the Rochester Institute of Technology. In addition,John has presented topics related to digitization for groups including the American Library Association, Public Library Association,Texas Library Association,Wisconsin Library Association,the Internet Librarian,the Minnesota Electronic Books Conference and OSS.net. John is responsible for the development and implementation of Northern Micrographics' internal training procedures. Tom Connelly—VP, Production Tom Connelly joined Northern Micrographics in 1986. In addition to his years of service with NMT, he has previously worked with Northern Engraving as Automotive Quality Control Manager and Plant Superintendent. He brings 25 years of experience in process control and production management to the NMT Senior Management Team. Digital Preservation Technicians NM Digital Preservation technicians have a combined average work experience of 8 years. While each technician may specialize in a specific area, all technicians are cross-trained on equipment and are experienced with the various types of source material we scan. Communication NM has assigned a primary contact for this project. In the event that the primary contact is not available a secondary contact is provided. Primary: Colleen Lubinsky Regional Sales Manager Northern Micrographics 2004 Kramer St. La Crosse,WI 54603 Ph: 608-781-0850 ext. 130 2004 Kramer Street, La Crosse,WI 54603 6 Phone:800-236-0850 1, Fax:608-781-3883 alert nrnt. ornAww.normlcroxorn Page 134 of 544 J Northern Z Micrographics Fax:608-781-3883 Email: colleen.lubinsky@nmt.com Secondary: Scott Pechacek VP, Sales and Marketing Northern Micrographics 2004 Kramer St. La Crosse,WI 54603 Ph: 608-781-0850 ext. 107 Fax:608-781-3883 Email: scott.pechacek@nmt.com Invoices NM will provide an invoice with each batch detailing services and quantiles provided including shipping. Prices for Microfilming,Scanni�nrival I it s The complete pricing summary sheets have been enclosed in a sealed envelope as requested. References Northern Micrographics produces microfilm and digital images for a variety of organizations.As a natural extension to our existing microforms business, Northern Micrographics has specialized in electronic imaging since 1985. NM has the ability to scan aperture cards, 16mm and 35mm film formats, as well as paper from A to E-size roll drawings. Scanned data can be provided on a variety of media. Scanned data can also be OCR'd for full-text search capability. Our microfilm and digital preservation services have been utilized by a number of institutions including + American Chemical Society • National Radio Astronomy Observatory + American Institute of Physics • Office of the Secretary of the State of Wisconsin • Archdiocese of St. Louis • State Historical Society of Missouri • Combined Arms Research Library + State Historical Society of Wisconsin • Cornell University + Stimson Library • DePaul University • Toro Corporation + Diocese of La Crosse • University of Illinois at Urbana-Champaign Evangelical Lutheran Church in America • University of Minnesota • First Division Museum at Cantigny Park • University of Pittsburgh • Iowa State University • Vermont State Library • L.E. Phillips Public Library • Vigo County Public Library + National Center for Atmospheric Research(NCAR) • Wheaton College 2004 Kramer Street,La Crosse,WI 54603 7 Phone:800-236-0850 1 Fax:608-781-3883 1 sales r:mt.com ( w .normicro.cor Page 135 of 544 Northern Micrographics Northern Micrographics has been involved in several large projects. NM scanned over 2 million images for the Making of America Project for Cornell University. NM has also provided imaging services to the Minnesota Historical Society to capture over 1 million newspaper pages.The large majority of these images is made available through the National Digital Newspaper Program (NRNP) and can be search through Chronicling America (http:J&hronicl1nganner1ca.loc. Northern Micrographics regularly participate in imaging seminars, conferences, and educational workshops. Each project is unique,allowing us to understand and offer a broad range of imaging services. NM not only provides the service, but also the experience and expertise required to make your project a success. Reference#1 Organization: Batavia Public Library Contact: Stacey Peterson Address: 10 S. Batavia Ave Batavia, IL 60510 Telephone: 630-879-9118 Email: speterson@bataviapubliclibrary.org Description of work performed: Northern Micrographics has provided both microfilming and imaging services for Batavia Public Library since 2013. Projects have consisted of newspapers, local history files and civil war letters all filmed and scanned following the ResCarta standard archive specifications. Collections scanned and hosted by NM can be found at: hllp-jjbox2.nrritvault.com/Batavia/iSD/RcWebBroWgg.Lsg Reference Organization: First Division Museum Contact: Eric Gillespie Address: Colonel Robert R. McCormick Research Center Wheaton, IL 60189 Telephone: 630-260-9298 Email: egillespie@firstdivisionmuseum.org Description of work performed: NM has provided digital imaging services for the Museum for a number of different collections. 35mm film scanning of historical records from WWII. Paper scanning of yearbooks, newspapers and journals all using ResCarta archive standards for ResCartaWeb. Collections scanned by NM can be found at: htt firstdivisionrnuseum.nmtvault.com/custorriLAboul.Igg 8 2004 Kramer street, La Crosse,Wf 54603 Phone:800-236-0850 1 Fax:608-781-3883 1 sales nrrit. orn J Aww.normicro.com Page 136 of 544 i Northern Micrographics Reference Organization: Georgetown Peabody Library Contact: Sarah Cognata Address: Lincoln Park, 2 Maple Street Georgetown, MA 01833 Telephone: 978-352-5728 Email: scognata@georgetownpl.org Description of work performed: NM has provided both microfilming and digitization services for Georgetown Peabody for both Newspaper collections as well as a collection of annual reports all using ResCarta archive standards for ResCartaWeb. Collections scanned by NM can be found t: http:ZZbox2.nmtvault.comIResCaria- GPUIsD/RcWebBrowseColIgqjgflEdM Experience/Contracts on hand NM is currently under contract providing digitization services with the following customers: Ohio History Connection Project: NDNP(National Digital Newspaper Project) Value: $100,000 Contact:Jenni Salamon Phone#: 614-297-2579 Adam Mathew Digital (London) Project: Changing Men Project Value:$14,000 Contact:Sophie Heath o hie c arndi itl.co.uk Minnesota Historical Society—NDNP Project: Minnesota—NDNP (National Digital Newspaper Project) Value$73,700 Contact:Jane Wong Phone#: 651-259-3248 Project:South Dakota—NDNP(National Digital Newspaper Project) Value$73,700 Contact:Jane Wong Phone : 651-259-3248 9 2004 Kramer Street, La Crosse,WI 54603 Phone:800-236-0850 1 Fax:608-781-3883 f sales._na t.com Www.normicro.com Page 137 of 544 r Northern Micrographics Attachment Certificate of Liability Insurance See next page 10 2004 Kramer Street, La Crosse,WI 54603 Phone:800-236-0850 1 Fax:608-781-3883 1 jffLesL&nmtcom I .rioi,mi ro. om Page 138 of 544 Northern Micrographics cCATE 07 CERTIFICATE to os S , 'nc. TONLYA A I No R END, a TE D OR P. 0 U.S. l E EPOLICIES BEL P. 1357 ALTER 1rHE LaftGilffm WX 54602-2351 oaT 60878+-7646 INSURERS APPOWNG CMRAGE _ ICS IN so INVJMR A: 9 . au1/ era 24176 mm-mi-P., Philadelphia ><naura mW satL@n 6WOMD DDC r M 46 7 17 ffduRnft ImrRa COVERA00 THE P&CE180FUNKNIANOR [OAe PCL RISUCVATEO M&MqDWANDIM0 MVRRUREMpNT,MMORaoNgtTUMOpAWO&aWWORoTHEnommM%ffmMr=TIDWMIrA7NMeRRYMCATROM-eWMSDOR MY POWAR THE TO ALL VE MRMS,ENCIXSWGANP COWPOHN OF Sl it ICA AwRrmmumwS$R MAY H&VPRWW mvucM5HyPAuQA4ft , ITE GWRALLWAILny 11'000'000 COMMHW1GRRWLLAC3LnV PT0000328 / 1/4g DB/01/06 $ 1°280 ODD a Z I t20 000 rMICNAL&ADVINMY 01,000,000 ammALAummTr 12 000 000 WIL Tit fAPPurariF-k r P A8a 02 000 400 MW 7 Lac 1 000 000 AMOMOOLELVALMI�C;OWNED&WWLNff s1,000,00D AWAM 06 DO3 0 48/01/05 08/41/06 Au,&AMMAMW mWiLYINJUTf 6 AUM ' I HER M. AIResItrd�Y+r s DA s (ftrDWOWM LNUT' AUTO ONLY-EA ACC9JWr 6 AWMM WHBRTPM FAACC 6 4r, A as c $3000,00D R m PTOGS00328 De/D1/®5 49/01/06 s°�.0aa aa4 i ala 00a x 4314650 02/01/05 08/01/06 c1_ T $100000 AF OR H-LINAPASE-FAMPLOVE $100040 M.U7 ARWOFILL®i e.P®rar LMT Is 500000 r , 1?xaEEi 1 815345451 /03/05 4 /03/48 l3044d 4950'000 1 Xa a a D 04328 00101zols 1 00/01106 5000 dad $3,000400 OFMA-RWE a r._. CEEFIC-ATEHOLDER CANCELLATION Culy-1 &t0uWAWQF TW AMA CommurmawfNN" Te L 10 rAVOWWM Iiia WMITa w nMINff Uff.OUT FALIRUTE 00 608 ttn.- Truft Levy URVOINGNMATON OR UREUrY of AM WED UPON 7MMURMMAGnTS OR 7 Thisd man rzonsinao CA6 94118 r ACM 23 D I$ DCO DN i4 11 2004 Kramer Street, La Crosse,WI 54603 Phone:800-236-0850 1 Fax:608-781-3883 1 sales rlmt,com J www.normicra.r6mi Page 139 of 544 The City Boynton Beach Finance/Procurement Services 100 E.Boynton Beach Boulevard P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone. (561)742-6310 49 FAX.- (561)742-6316 ADDENDUM . 1 DATE: August 14, 2017 BID No. 059-2610-17/IT-"NEWSPAPER MICROFILMING AND DIGITIZATION SERVICES" Information included in this addendum will have a material impact on the submittal for this solicitation. In case of a conflict between the original solicitation and this Addendum, this Addendum o. 1 shall govem. Words in &&WAAkFawo type are deletions from existing text. Words in bold, underlined type are additions to existing text. 1. The BID due date remains unchanged and is August 21, 2017, at 2:30 P.M.; location remains the same. . The following questions or requests for clarification were submitted prior to the deadline and are hereby answered below: Q1: The notary portions of the bid state the notary is in the State of Florida, county of Boynton Beach. Can we secure a notary in our home state of Utah? Or are you only accepting bids from companies located in Florida? Al: Yes, you can secure a notary in your home state. The venue is always the county in which the notarization is being performed. Under the scope of work (p.9), the ITB states that all newspapers are to be filmed "one page per frame" unless there is a centerfold spread. During the collation process, does the vendor have permission to disband the newspapers into single sheets for one-up filming? A2: Yes, unless there is a centerfold spread with text or photographs that span over the fold. These will be filmed two-up (if the pages are separated, then they must be put close together in the two-up filming process so that a researcher can easily read the text or view the photograph). Page 140 of 544 The City of Boynton Beach Finance/Procurement Services 100 E.Boynton Beach Boulevard P. O.Box 310 Boynton Beach,Florida 33415-0310 Telephone: (561)742-6310 FAX:• (561) 742-6316 AQKNQj81LEDGE—MENT-QF ADDENDUM No. 1 MICROFILMING AND I II TI I " I .: 059-2610-17/I SIGN,RESPONDENT MUST T INCLUDE THIS T OF ADDENDUM . 1 WITH BIDSUBMITTAL TO BE CONSIDEREDL T ACCEPTABLE. Scott R. Pechacek PRINTT I I TIV NMT Corporation (d a: Northern Micrographics -17-2017 NAME OF COMPANY T Page 141 of 544 PROJECTED TIMEFRAME ACTIVITY N I pers ovember 22, 2017 Group of newspal shipped to vendor, if applicable November 29, 2017 Group 4 of newspapers shipped to vendor, if applicable. (note: BBCL will ship all newspapers by the end of November, if the vendor requests all newspapers can be shipped iroup, if a is I . December 2017 — February Vendor performs microfilming tasks including quality control 2018 and.creating microfilm copies March 2018—May 2018 Vendor performs digitizing tasks in four groups and ships portable hard drive to BBCL for quality control when diaitiz tion for each group has been completed June 2018 Project is completed and vendor ships original newspapers, microfilm, and portable hard drive containing complete digital content in ResCarta database to BBCL MINIMUM VENDOR QUALIFICATIONS AND REQUIREMENTS In order to be considered a responsive and responsible bidder as set forth within these specifications, the bidder must meet the below referenced minimum qualifications and requirements. COMPLY? YES/NO A. Bidder has performed at least two (2) ResCarta Foundation database projects. Yes B. Bidder has at least two (2) years experience in handling fragile Yes newspapers. C. Bidder has at least two (2) years experience working within a Yes compressed timeframe. D. Bidder has at least two (2) years experience developing projects Yes within the ResCarta Foundation database. E. Bidder has the necessary equipment, staff, resources, facility and security to perform the services described herein. Yes F. Bidder agrees to adhere to strict timeline as defined herein. Yes G. Bidder agrees to comply with ANSI (American National Stds. Institute), AIIM (Association for Information and Image Mgt.), and RLG yes (Research Libraries Group) standards. The bidder should return this completed compliance form and submit documentation to support the above statements with its bid submiftal, but must submit within three(3) days of City request. Failure of the bidder to submit this required information may be grounds to deem bidder non-responsive. Bidder may attach brochures, resumes of personnel to be assigned to the project, or any additional sheets or documents necessary to fully support their qualifications. The City shall be the sole determinate of bidder compliance. ri Page 142 of 544 GO'OfBolwton Beach ibsk-Managentent Depoiftent INSMANCE ADVISORYFORRI Under fig terms mud conditimus of an CDOOKS,ISISM,Bad a9mvineaft,the C-fty requires appropriatoes listing&a City of Boynton Bawl as Additional Insured. This is dow by proxiding-a evatiffrAle of IWM=@ bsting The City as "Catificate Holdee and "I'm City of Boyaum Bewh is Additional bsured at reqmct in covemps nowd." rasurme courmer.ploviding inswaure Co—Ves Manst haw a torrerd mong by LM.Best Co-Of'U—,"or hreher. OWTE. An bwt e a -ided upon mftffon ofwndar-) The JbHGR!Ug iS A FM GEtTU oftasWaxreIraqmsed ofcantrsclonh lessess,ekC.,and the lisolu requiredby the City- (INOTE: This list is&of all ladvskre.and the City reserres the right to require additional pvpes,of in%mraace.or to ralse or lower the stated limits, as upon.idondiled rhL) TYFF(Occurrence Eased 0*) C-Maral Ijabuity Guseral Agpegam Comm=WGewFzM@bft Pro&--ft-ConWMpAgg- Owners&conmictues.pmeet"(ou) Personal&Adv.In"uy Lk—liabafty EachocclareacE I'aw'OD0.00 Prolina%rAd Liability FM Dam go(any one fuv) 5 50,000.00 Employees&Offices Mad.Experse(any we pawo S 5,00400 Pollution Ushft A LeadAbalanant BrandfannVendors Preneises Opustious Undergroroad Explosion&Collapse Coutractod Ind%madevnCentrarims Broad Ferm property Damage Fite Legal liabilify ............ Antmobile Liability Canitined Si*o limit 1'aw,000.00 AnyAma BOft WIRY Ou 116-11) tobedeftsmined. AIE Chyned AuM Baft hgmy Cpar accident) to be denammed. SchedmIed AuMB PrapertyDaneap to be determined HiredAutos Timilerlmexchoup 31,000,80-OG 1 PIP Bask haermadal G—ge Lkbft Auto Oidy.Emb Accidezu Azy OdierThanAmo0sh1 p4 Garage Keepers LiRbilily Each Accident I'M0,800.80 AWnste .............. ELMS%umbility EMAOCCurreave to be determined UmbrEIIM AMpeezaa to be devennivad workw-�CGzapensalion Sixtmorylimit, EmployEes Liability EWA Accident s lad, .40 aizmse�policy I itaft 5m,000.00 Disease Each EEqgoym 100,000.00 property- Homeasraers Reavcabla,P 5 3444 Buddel's Fisk Lkoih baud on Project Coost Other-As Ri-&Identified to be detmurbwd DGURANM4MIMoLYFMV Ra-.Md 01,2017 12 Page 143 of 544 BIDDER ACKNOWLEDGEMENT Submit Bids To: FINANCE/PROCUREMENT SERVICES 100 E. Boynton each Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Bid Title: NEWSPAPER MICROFILMING AND DIGITIZATION SERVICES Bid Number: 059-2610-1711T Bid Received By: AUGUST 21, 2017, NO LATER THAN 2:30 P.M. Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: August 21, 2017, no later than 2:30 P.M., and may not be withdrawn within ninety (90)days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Northam Micrographics Federal I.D. Number: 36-3454000 A Corporation of the State of: Wisconsin Area Code: 608 Telephone Number: 781-0850 ................................ ............ Area Code: 608 FAX Number: 781-3883 Mailing Address: 2004 Kramer Street City/State/Zip: La Crosse,W1 54603 Vendor Mailing Date: 8/16/2017 E-MAIL: sales@nmt.com AuthorizeaSignatut e Scott R. Pechacek Name Typed 13 Page 144 of 544 A D D E N D A CITY OF BOYNTON BEACH FLORIDA BID TITLE: NEWSPAPER MICROFILMING AND DIGITIZATION SERVICES BID NO: 059-26110-17/11T BIDDER: Northem Micrographics 8/1612017 DATE SUBMITTED: We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the Contract Form, to fumish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: The City of Boynton Beach and having examined the project site, we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE No.1 8/14/2017 F] NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID 14 Page 145 of 544 BID SHEET NEWSPAPER MICROFILMING AND DIGITIZATION SERVICES BID No.: 059-2610-171IT Basis of : Tis bid may be awarded tot lowest responsive and responsible bidder per group, by total of all groups or any combination thereof, whichever is deemed in the City's best interests. Group I — All equipment, labor, tools, materials, supplies and shipping charges for microfilming and TOTAL PRICE GROUP 1: 5,575.16 scanning approximately 4,059 newspaper pages i (Brittle Pages) Group 2 — All equipment, labor, tools, materials, supplies and shipping charges formicrofilming and TOTAL PRICE GROUP 2: $ 3,131.52 scanning approximately 9,926 newspaper )Frith Pages) Group 3 — All equipment, labor, tools, materials, supplies and shipping charges for microfilming and TOTAL PRICE GROUP 3, $ _10,3!�88 scanning approximately 10,356 newspaper pages Group 4 — All equipment, labor, tools, materials, supplies and shipping charges for microfilming and TOTAL PRICE GROUP 4: 7,695-12 scanning approximately 7,644 newspaper pages TOTAL PRICE ALL GROUPS 1 THRU 4: $ 36,794.70 SCHEDULE OF VALUES : In addition to the total price per group above, please provide schedule of values used to develop and determine the total of each group bid price. These unit prices will also be used to obtain additional microfilming digitization services, if required. ITEM UNIT PRICE High contrast black and white silver halide 35mm roll it master, 1- for non-brittle newspapers $ 029 /per frame High contrast black and white silver halide 35mm roll film master, 1-up for brittle newspapers s 0.58 /per frame I High contrast black and white silver halide 35mm roll it master, 0.32 2-up for non-brittle newspapers $ /per frame High contrast black and white silver halide 35mm roll film master, 2-up for brittle newspapers s 0.64 /per frame Material preparation formicrofilming including unbinding and minor repairs $ 35-00 /per hour Duplicate reels—negative $----_12.00 /per reel Northern Micrograhics (Name of bidder, Corporation, Firm or Individual) 15 Page 146 of 544 BID SHEET (continued) NEWSPAPER MICROFILMING AND DIGHTIZATION SERVICES BID No.. 069-2610-1171IT Duplicate reels-positive /per r Manual cropping of image (remove over-scan, leaving %inch s-2" /per image bord Manual cropping of image and auto deskew /per image Digitizing from microfilm at 400dpi, grayscale, unc m r sse a 1 per frame TIFF OCR, saved as ResCarta compliant file /per image 2 TB (minimum) portable hard drive 120-00 /each To-a-ding data to-portable hard drive each Shipping (including portable hard drive for quality control and final shipment) 350-00 I total The undersigned bidder understands that this project will be grant funded and agrees to adhere to projected timeframe as defined herein. The undersigned bidder hereby represents that it has carefully examined the specifications and reuqirements and will perform all its items, covenants and conditions, all in exact compliance with the requirements of the scope of services. The bidder, by submission of this Bid acknowledges that the bidder has been advised that in the event bidder contests the award of this project to another bidder, that the bidder damages, if any, are limited to actual Bid preparation costs and bidder hereby waives any claim it may have for other damages coming from the City's failure to award the project bidder. Northern Mcm ra hics (Name of bidder, Corporation, Firm or Individual) 16 Page 147 of 544 BID SHEET (continued) NEWSPAPER MICROFILMING AND DIQITIZATION SERVICES BID No.: 059-2610-17/IT Date 8/16/2017 —---------------—----------- Northem Micrographics (Name of bidder, Corporation, it or Individual) ,a Signature Scott R. Pechacek Printed Name VP, S_1es and Marketing Title 608-781-0850 ext. 107 Telephone Number 17 Page 148 of 544 NOT APPLICABLE-NO BID BOND CERTIFICATE AS TO CORPORATE PRINCIPAL 1, certify that I am the Secretary of the Corporation named as Principal in the within on ; that who signed the said Bid on on behalf of the Principal, was then of said Corporation; that I know has signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary (corporate seal) STATE OF FLORIDA COUNTY OF PALM BEACH Before me, a Notary Public duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor for the Owner, the City of Boynton Beach. is Page 149 of 544 STATEMENT OF BIDDER'S QUALIFICATIONS continued BIDDER'SSTATEMENT OF I Each Bidder bidding on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each bid document. Failure to comply with this instruction may be regarded as justification for rejecting the Contractor's proposal. 1. Name of Bidder: Northern Micrographics 2. Business Address: 2004 Kramer Street LaCrosse,WI 54603 . When Organized: 1947 4. Where Incorporated: La Crosse,wl 5. How many years have you been engaged in the contracting business under the present firm name? Since 9973 or 44 years 6. General character of work performed by your company. High Volume,High quality imaging firm producing microfiche,rollfilm,and digital images for many commercial, industrial and academic organizations nationwide. 7. Number of employees. 47 8. Background and experience of principal members of your personnel, including officers. (Attach additional sheets as necessary.) NM has provided this information within our response. 9. Have you ever defaulted on a contract? If so, where and why? KJO (Attach additional sheets as necessary.) 19 Page 150 of 544 STATEMENT OF BIDDER'S QUALIFICATIONS continued 10. Experience in performance. Project $Value Contact Name Phone NM has prodded details within the response under Reference section. 11. Contracts on hand. (Please attach additional sheets as necessary.) 13. Provide a brief description and references for at least three (3) similar projects. (Attach additional sheets as necessary.) 1) NM has provided ReWenoes and Project information within the response under Reference section. 2) 3) Dated t: , r it s this 17 dayof August 20 1 (Signature) Name: Scott R. Pechacek (Printed r Typed) Title: VP, Sales and Marketing 20 Page 151 of 544 NON COLLUSION AFFIDAVIT OF PRIME BIDDER State of Wisconsin County of LaCrosse being first duly sworn, deposes and says that, 1) He/She is VID, Sales and rtin NMT Corporation (dba: Northern Micrographics), (Title) (Name of Corporation or Firm) the bidder that has submitted the attached is "NEWSPAPER MICROFILMING AND DIGITIZATION SERVICES'; 2) He/She is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) ,Z95Kk A� (Title) VP, Sales and Marketing Subscribed and sworn to before me This day of 2CL\-1 My commission expires 21 Page 152 of 544 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA SS COUNTY OF PALM BEACH 1, the undersigned hereby duly swom, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: 1.Ai!CZ1&a,66,4 NAME - SIGNATURE Sworn and subscribed before me this day of 20 Printed Information: Scoff R. Pechacek NAh E VR SaI and Marketing TITLE NOTARY PLIBICI , Stof 2t Large Wisconsin NMT Corporation (dba: Northern Micrographics) COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 22 Page 153 of 544 CONFIRMATION OF MINORITY OWNED BUSINESS This is a requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business ? x Yes No If Yes, please indicate by an ")C' in the appropriate box: AMERICAN INDIAN ASIAN BLACK HISPANIC WOMEN OTHER (specify) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organizabon for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 23 Page 154 of 544 CONFIRMATION Preference shall be given to businesses with drug-free workplace programs. whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. authorizedAs the person to sign , I certify that thisit iwith the above requirements. or's ignature THIS PAGE TO BE SUBMITTED ALONG WITH BIDFOR PACKAGET SI DE RE D COM PLETE AN D ACCEL 2 Page 155 of 544 STATEMENT OF NO BID If you are not bidding on this service/commodity, please complete and return this form to: Procurement Services — 100 E. Boynton Beach Blvd. — PO Box 310 — Boynton Beach, FL 33425. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to respond to your Bid No.: 059-261110-11711T for NEWSPAPER MICROFILMING AND DIGITIZATION SERVICES because of the following reasons: Specifications too 'light", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear(explain below) Other(specify below) REMARKS: THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 25 Page 156 of 544 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT NEWSPAPER MICROFILMING AND DIGITIZATION SERVICES Bid No.: 059-2610-171IT The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. NMT Corporation (dba: Northern Micrographics) CONTRACTOR NAME BZyZVZ�a�� Title: VP, Sales and Marketing Date: 08-17-2017 THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 27 Page 157 of 544 e Oily of Boynton Beaeh Finance/Procurement Services 100 E.Baynton Beach Boulevard P.Q.Box 310 t Baynton Beach,Florida 3.3425-0310 Telephone; (561)742-6310 FAX: (561)742.6.316 INVITATION TO BID NO, 059-2610-171IT FOR NEWSPAPER MICROFILMING AND DIGITIZATION SERVICES Sealed bids will be received in PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Baynton Beach Boulevard, or snail to P.C. Box 010, Boynton Beach, Florida 33425-0310 on or before: August 21 2017° No Later Than 2.30 P.M. Local Time Bids will be opened in: CONFERENCE ROOM `B"° - CITE` HALL 2ND FLOOR unless otherwise designated SCOPE GE BIC: The City of Boynton Beach (hereinafter known as `City") seeks bids from qualified firms to conduct microfilming and digitization with OCR indexing of the Lake Worth Herald newspaper from 1912 to 1070 as further defined herein. Copies of this solicitation package may be obtained from Demandstar at Onvia at www.demandstar,com or by calling 1-800-711-1712. Demandstar distributes the City's solicitations through electronic download. If you prefer that a copy be mailed via U.S.P.S., please contact the City's Procurement Division at (561) 742-6322. Respondent(s) who obtain copies of this solicitation from sources ether than Demandstar or the City's Procurement Services Division may potentially risk not receiving certain addendum(s) issued as a result of the solicitation. Bidders shall submit one (1) marked original and three (3) copies of the completed bid package in a sealed envelope to the address above. The Project Name, Bid Number, and time and date of the Bid Opening shall be clearly marked on the outside of the sealed envelope. Facsimile or eiectronic responses shall not be accepted. 1 Page 158 of 544 AU Bids will be publicly opened. Bids received after the assigned date and time will NOT be considered. The Procurement Services time stamp shall bsconclusive astmthe timeliness cf filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regard to mail being delivered by u specified time so that Bids can be considered, The City reserves the right to consider Bids that have been determined by the City to be received late due to mishandling by the City after receipt of the Bids and prior to award being made. Bidders may not withdraw their Bid for a period of ninety (90) calendar days after the day set for the opening ufBids. Sealed bids or proposals received by the City in response to an invitation to bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the proposal/bid. If the city rejects all bids or proposals submitted in response to an invitation to bid or request for prnpoea|s, and the City concurrently provides notice of its intent to reissue the competitive eo|ioitation, the rejected bids or proposals remain exempt from public records disclosure until such time as the City provides notice of decision or intended decision concerning the reissued competitive so|icitaVon, or until the City withdraws the reissued competitive am0oi\aUnn A bid, proposal, or reply is not exempt for longer than twelve months after the initial City notice rejecting all bida, proponals, or replies, Requests for bid orproposal documents should bBsubmitted tothe City Clerk's Office, Documents may be inspected without charge, but charges will be incurred to obtain copies. SILENCE:CONE OF Per Palm Beach County Code Section 2-355 after the deadline to respond to this 8id, members of the City Commission are prohibited from communicating directly Or indirectly with Bidders regarding the substance of the proposal submittals until such time as the City Commission (1) awards or approves a contract, (2) rejects all responses, or (3) otherwise takes action which ends the solicitation process. Improper communications during this "Cone ofSilence" period may result in a penalty asoutlined inPalm Beach County Code Section 2-357. Any questions relative to any item or portion(n) of this bid should be directed to ||ysm Triestmao. Purchasing Manager, (581) 742-0322� E-mail: � Monday through Friday, 8:00 A,M. to5:OOP.&4 CITY OFBDYNTONBEACH Tim W. Howard Assistant City Manager-Administration Director ofFinancial Services 2 Page 159 Of 544 INSTRUCTIONS TO BIDDERS 1. GENERAL The following instructions are given for the purpose of guiding bidders in properly preparing their bide, Theme directions have equal force and weight with the specifications and strict compliance is required with all the provisions herein contained 2. INTERPRETATIONS, INCONSISTENCIES AND ADQEN[}A� Prospective bidders may request interpretation of the meaning of the specifications in writing from the City of Boynton Beach. To be omnsidnrnd, such m request shall be received no later than . The bidder shall be bound by the specifications and any and all interpretations and supplemental instructions issued in the form of written addemdum(s). Any questions relative to any item(s) or portion of this bid or Invitation to Bid should be directed to Ilyse Triestman, Purchasing Manager, Monday through Friday, 8:00 A.M. to 5:00-P.M. ,at 1561) 742-6322; E-mail triestmani(a1lbbfLus The City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to bidders at the Finance/Procurement OOioe, it is each bidder's responsibility to check with the issuing office and immediately secure all addenda before submitting bids. It isthe usual practice for the City to mail an addendum to known bidders, but it cannot be guaranteed that all bidders will receive an addendum in this manner. Each bidder eMaU acknowledge receipt of ALL addenda bynotation onthe bid submittal forms. Incorporation in o bid of exceptions to any portions(s). of the Contract documents may invalidate the bidExceptions tnthe technical and special provisions shall beclearly and specifically noted inthe bidder's bid on aseparate sheet marked "EXCEPTIONS TOTHE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of bidder's standard forrns, or the inclusion of manufacturer's printed documents shall not be construed aoconstituting 8nexception within the intent ofthe Contract documents. 3. PREPARATION OF BID: Each bidder shall submit an original (no marked) and three additional copies of the bid and its accompanying statements. The bid nhw|1 be submitted with all the blanks on the bid form filled in. The bid shall be enclosed in a sealed envelope plainly marked on the outside.. NEWSPAPER MICROFILMING AND DIGITIZATION SERVICES BID No.: 059'2610-17/1T All blank spaces must be filled in as noted, in ink or typed' in both words and figures with the amounts extended and iota|ed, and no changes shall be made in the phraseology of the forms or in the items mentioned therein. In case mfany discrepancy between the written amounts and the fiQurea. the written amounts shall govern. The bid shall contain a manual signature of an authorized representative in the space provided on all affidavits and 3 Page 160Of544 proposal sheets. Amoqponation's bid shall be signed by the corporation's President orVice President, attested by the corporation Secretary and shall bear the corporate seal. A general partnership's bid shall be signed byageneral partner. A |imited partnership's hid shall be signed byageneral partner. /\ sole proprietor's bid shall be signed by the sole proprietor. The bidder IS required to be licensed to do business as an individua|, partnership or corporation in The State of Florida. If forwarded by rnai|, the sealed envelope containing the bid shall be enclosed in a mailing envelope addressed to Procurement Services, City of Boynton Beach, P.O. Box 310, 100 E. Boynton Beach Bou|evord, Boynton Beaoh, Florida 33425-0310. 4. SUBMISSION OFBIDS: All bid forms must be executed and submitted in a sealed envelope by NO LATER THAN 2:30 P.M, The heoe of the envelope shall contain the company's name and addnees, bid hUe, and bid number. Bids not submitted on attached bid forms may be rejected. All bids are subject tothe conditions specified herein. Those which donot comply with these conditions are subject to rejection. If bids are submitted in advance of bid day, they shall be received at the Office of Procurement Services. City of Boynton Beach. 100 E. Boynton Beach Bou|evard, Boynton Bemch, Florida, or mail to P.O. Box 310. Boynton Beach, Florida 33425-O31Q. 5. REJECTION C]FBIDS: The City reserves the right to reject any or all bids and to waive technical errors, or to accept any bids that are in part deemed as the most renponsive, responsible bidder which represents the most advantageous bid iuthe City. In determining the "most advantageous hid" prioe, quantifiable faotors, and other factors are considered. Any or all UiUS will be rejected, if there is reason to believe that collusion exists among the bidders, Bids will be considered irregular and may be rejected, if they show serious gmiaoions, alterations in form, additions not called for, conditions orirregularities ofany kind, The City reserves the right to reject any or all bids and to waive such technical errors as may he deemed best for the interests of the City. 6. PUBLIC ENTITY CRIMES: Requirements:Legal Federal, State, County and City |avvs, ordinenoes, ru|as, and regulations that in any manner affect the items covered herein app|y. Lack of knowledge by the Bidder will in no vvoy be a cause for relief from responsibility. Crimes:On Public Entity All invitations to bid as defined by Section 287.O12(11), Florida StaUutes, requests for proposals aa defined by Section 287.012(16). Florida Statotes, and any contract document described in Section 287.058. Florida Statubea, shall contain m statement informing persons of the provisions of paragraph (2) (m) of Section 287.133` Florida Btotutem, which reads as fmUovva: ~A person or affiliate who has been placed on the convicted vendor list following a 4 Page 161Of544 conviction for public entity crime may not submit a bid on m contract or provide any goods Orservices tV o pub|ioenthv� may not submit a bid on a contract with a public entity forth* construction or repair of a public building or public vvork� may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or consultant under a contract with any public entity', and may not transact business with any public entity in excess of the threshold amount provided in Section 287017. for CATEGORY TWO for o period of 36 months from the date ofbeing placed onthe convicted vendor |ist." 7. WITHDRAWALS: Any bidder may, without pmqudice, withdraw or modify his bid at any time prior to the expiration of the time during which bids may be submitted A request for withdrawal or a modification shall be in writing and signed by person who submitted the original bid. After expiration of the period for receiving bido, no bid shall be withdrawn, modified, or explained. 8. METHOD OF ORDERING: A Purchase Order will be issued BS formal acceptance of this nffnr, 3. DISPUTES In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 10. INDEMNIFICATION: The bidder's attention is directed to the indemnification requirements set out in the Conhact, general conditions and special conditions. The bidder's bid shall include an amount sufficient to constitute sufficient consideration to support the Contractor's obligation to indemnify the Qty for claims or actions from any claim demand or cause of action arising from any aot, omission or default of the C|TY, its employees or agenta, arising from the Contract orits performance. 11. RIGHTS OF THE CITY: The City expressly reserves the right to.- A. o�A. Waive any informa|ity, minor deviations from specifications at a lower price than the most reapnnsive, responsible bidder meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved ornot irnpaired� B. Waive any defect, irregularity or informality in any bid or bidding procedure-, C, Reject or cancel any or all bids-, D� Reissue an Invitation to Bid; E. Extend the bid opening tirneanddate" F. Procure any item byother means� G Increase or decrease the quantity specified in the Invitation to bid unless the bidder specifies otherwise; H Consider and accept any alternate bid as provided herein when most advantageous tn the City. 12. TIME FOR COMPLETION: See "Specifications and F{equinemnenta" section for delivery and completion time requirements, 13. ACCEPTANCE PERIOD: The bidder shall hold his bid good for acceptance by the City for a period nfnot less than ninety (9U) days following the date ofthe bid opening. 14. INSURANCE REQUIREMENTS: Under the terms and conditions of all contracts, |eaaes, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. You must agree to provide a Certificate of Insurance listing the City ao "Certificate Ho|der" and the Qty of Boynton Beach is Additional Insured as respect to coverages noted. General liability coverage will be required as noted in our Insurance Advisory. Automobile and Workers' Comp coverage will additionally be required if your organization will be physically present on site. See Insurance Requirements — "Insurance Advisory Form". 15. ASSIGNMENT: Any Contract, or Purchase Drder, issued pursuant to this Invitation to Bid and the monies which may become due hereunder are not assignable except with the prior written approval of the Qty. 16. DELIVERY: Prices shall be quoted F.O,B, Boynton Beanh, Florida, F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and BU freight charges are to be included in the bid total. The bidder's invoice payment terms must be mnovvn 17. PALM BEACH COUNTY INSPECTOR GENERAL: The Successful Bidder shall be aware that the Inspector General of Pm|ro Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation and in furtherance thereof, may demand and obtain records and testimony from the Successful Bidder and its subcontractors and lower tier subcontractors. The Successful Bidder understand and 6 Page 163Of544 agrees that in addition to all other remedies and consequences provided by law, the failure of the Successful Bidder or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the CITY to be a material breach of this Contract justifying its termination. Each Bidder shall complete the Palm Beach County Inspector General Acknowledgement Form and shall submit this form with the Bid/Proposal. The CITY considers the failure of the Contractor to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 18. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.037. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall-. A. Keep and maintain public records required by the CITY to perform the service-, B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law-, C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY, E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 100 E BOYNTON BEACH BLVD. BOY TON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US 7 Page 164 of 544 SPECIFICATIONS AND REQUIREMENTS BACKGROUND The Boynton Beach City Library (hereinafter hnmvvn as BBCL) is collaborating on a project to microfilm and digitize the only known copies of the Lake Worth Herald newspaper published from 1912 to 1970. Please no1e, for the purposes of this document, references to the Lake Worth Herald newspaper include all available copies of the Lake Worth Herald and the first and only issue oythe Lucerne Herald, published May 23, 1912. Work will include providing posihv8, negative and preservation master microfilm as well as digital fNea in TIFF format for the newspapers provided. The rma| product or this project includes making the Lake Worth Herald newspaper digitally available to the public via the intmrnet. using the ReaCmrtaFoundation, Inc. database (vmmvv,rescarte.org). TheRnsCadm database is open source software with the ability to have the motoda1a collected by the Digital Public Library of America (QPLA) through an Open Archives Initiative, Protocol for K4etedata Harvesting (DA|-PMH) feed. This grant in funded (in part) by an LSTA (Library Services and Technology Act) Grant and administered by the State Library of Florida (Department ofState). SCOPE OF SERVICES The City of Boynton Beach (hereinafter known as ''City") seeks proposals from qualified firma to conduct microfilming and digitization with OCR indexing of the Lake Worth Herald newspaper from 1912 to 1970 in full accordance with the specifications and requirements contained herein. All pricing must include return shipping. Miorofi|nning, as outlined be|ovv, must comply with ANSI (American National Standards |nntituto). AlVM (Association for Information and Image Management), and RLG (Researoh Libraries Group) standards, All digital 3cams, as outlined be|Ow, must comply with FA[}G( (Draft) Guidelines of September 2, 2015 (see Attachment B). All metadmta must be harveotab1e by the Digital Public Library of America (OPL8) vim an {]pen Archives Initiative Protocol for MetadataHarvesting (O/\|-PMH) feed. The following attachments are attached herewith and incorporated herein: � AttBchmemtA— FADG| Guide|ine8OfSepiemb*r2. 2O15 (P|easennte: thisiSthe iteration of the standard required by the State of Florida, which is the entity issuing the grant for this digitization project) � Attachments B-J — Photographs ofthe existing collection Page 165 Of 544 Scope of Work/Deliverables� * BBCL will pack and ship bound newspaper for preservation microfilming and digifization. BBCL will pack boxes in chronological order, with the exception ofvo|umes bound in reverse order (i,e. newest date on top, oldest date on bottom), and each box will include a packing list. BBCL will forward completed nnetadato spreadsheets for the shipment (in the vendor-approved format) via email tnthe vendor, • BBCL may ship newspapers infour groups toease the vvorkflVm/� o Group 1� May 23, 1912 December 31, 1S24 -4,O59pages; * Group 2: January 1925. - December 30, 1Q48 - 9,926 pages; o Group 3: January 2, 1847 - May 30, 1901 — 10^366 pages; o Group 4: June 2' 1961 - December 31, 1B7O - 7,G44paBes\. * All microfilming and digitization shall be done on the vendor's premises. No subcontracting ofthis work shall be permitted without prior communication and approval from BBCL. • The vendor shall prepare the newspapers for nnicrofi|ming, including unbinding, repairing damaged newspapers where possible to ensure o clear image, and collating (organizing the newspapers according to how many will be filmed on each microfilm reel). The vendor shall make only minimal repairs tothe newspapers-, pages that are in more than four or five pieces should not be repaired or filmed, Repairs shall be limited to gentle (by hand) flattening and use of Fi|mop|oSt(D (an acid free archival mending tape that is buffered and reversible) or approved equivalent to attach the pieces, Please note for purposes of this bid. BBCL estimates 13`985 pages are considered "brittle" which will require special handling (see Attachments C-R for photographs of typical newspaper condition). At the end of the project, the vendor shall submit a photo-documented report ofthe issues/pages that are not filmed due totheir condition. • The vendor shall then microfilm the newspapers. All of the newspapers shall be microfilmed before the digiMzmtion portion ofthe work begins, m All pages shall be microfilmed in high contrast black and white On 35mm polyester roll film with one-op orientation (one page per film frame). In the case where there is a centerfold spread, they shall be filmed as two-up (as two-page spreads) to include any articles orimages that overlap both pages. • The vendor shall provide the following standard targets-, Start. CopyriQht, Title, Technical Target (resolution), Volume, Missing Issues/Pages teogsto. Continued on Next Reel (if applicable), End of Ree[ BBCL will provide any custom targats, if n8quined, with the shipment and will provide information regarding their use. * The vendor shall create one master microfilm (silver ha)ido), two negative microfilm oop|ea, and three positive microfilm copies for each newspaper filmed. All microfilm must be quality control inspected bythe vendor for visual defects or missing pages. m Vendor shall digitize the newspapers from the microfilmed images. The digitized images must be 400dp| (dots per inch) resolution gmaysoa|a TIFF (tagged image file format) and will be searchable using {}CR software. The vendor shall deskevvand crop all images in y Page 166 of 544 preparation for text capture. m The vendor shall OCR all pages, creating ResCarta cOnno|kant data fi|eo, and shall upload the digital newspaper files into the ReeCartmFoundation, Inc. database. w A copy of the database shall be loaded onto a portable hand drive (provided by vendor) and sent to BBCL vie UPS for review/quality control. During quality control, BBCL will view the digitized newspapers to be sure none of the pages is ehevved, cropped, or blurry and that the nnetadata in accurate (|.e. the date of publication shown in the database is the Same as shown on the newspaper). This work may be phased in the same four groups noted above toease the workflow, The hard dhva, once viewed by BBCL, vviN be returned to the vendor via UPS with notes for any corrections needed (these notes will also be sent to the vendor via email). While BBCL is performing quality control ongroup 1. the vendor can bescanning group 2. and soon, 4P The vendor shall correct any errors found by BBCL during the quality control checks. The vendor shall return a copy of the corrected RenCarta database on a portable hard drive to BBCL via UPS along with all master microfilm, positive microfilm (three copies), and duplicate negative microfilm (hmn copies). The vendor shall pack and return the newspapers to BBCL, in the aerne manner inwhich they were original sent, via UPS. * For grant-related purpoo*s, reports from vendor will be required for each submitted payment request that indicate the issues of newspapers microfi|mmd, number ofpages microfilmed, number Of rO|XS Of microfilm produced, number of pages digitized, and number of nnetaclmta records added to the database, The vendor shall also provide receipts and tracking information from shipping company showing delivery of portable hard drive to and from vendor aswell as receipts and tracking information from shipping company showing delivery of rnicrofi|m, corrected hard drive, and newspapers from vendor. Material:Care, Handling, and,,Storag,e of Original ° Handling of originals shall only be done by qualified technicians throughout the entire workflow. • Keep all originals insecure and climate-controlled facilities. ° The vendor is responsible for the security of all materials while in their care. ° Under non-emergency circumstances, the vendor shall not leave originals unattended, or in a machine unattended for extended periods (i,e. over lunch breaks or overnight), Timeframe and : This project is grant-funded and will have a strict t|mnefrmmme. The foUVvvmg is the projected schedule for the project: PROJECTED TIMEFRAME ACTIVITY October 1, 2017 Grant Awarded October 15, 2017 Contracts/agreements signed-, vendor provides metaclata spreadsheet to BBCL November 8, 2017 Group 1 of a��nclor, if applicable November 15, 2017 Group 2 of newspa��. 10 PROJECTED TIMEFRAME ACTIVITY November 22, 2017 Group 3 of newspapers shipped to vendor, if applicable November 29, 2017 Group 4 of newspapers shipped to vendor, if applicabile. (note: BBCL will ship all newspapers by the end of November, if the vendor requests all newspapers can be shipped in one 912yp, if applicable.L___ December 2017 — February Vendor performs microfilming tasks including quallity control 2018 and creatinq microfilm copies March 2018 — May 2018 Vendor performs digitizing tasks in four groups and ships portable hard drive to BBCL for quality control when digitization for each group has been comp�.. June 2018 Project is completed and vendor ships original newspapers, microfilm, and portable hard drive containing complete digital content in ResCarta database to BBCL MINIMUM VENDOR QUALIFICATIONS AND REQUIREMENTS |Porder tobeconsidered @responsive and responsible bidder asset forth within these specifications, the bidder must meet the below referenced minimum qualifications and requirements. YES /NO A. Bidder has performed mtleast two (2) ResCarta Foundation database projects. B. Bidder has atleast two (2) years experience inhandling fragile newspapers. CBidder has etleast two (2) years experience working within a compressed timeframe. D. Bidder has at �eaartwo (2) years experience developing projects within the ResCartuFoundation database. E, Bidder has the necessary equipment, staff, resources, facility and security taperform the services described herein. FBidder agrees tnadhere tostrict timeline wadefined herein. & Bidder agrees to comply with ANSI (American National St6s Institute), A||[N (Association for Information and |mag8Mgmt ). and RLG (Research Libraries Group) standards. The bidder should return this completed compliance form and submit documentation to support the above statements with its bid aubmnitta<, but must submit within three (3) days of City request Failure of the bidder to submit this required information may be grounds to deem bidder non-responsive Bidder may attach brochures, resumes of personnel to be assigned to the project, or any additional sheets or documents necessary to fully support their qualifications. The City shall be the sole determinate ofbidder compliance. li Page 168Of544 0�1'qf Ec�vwolt &'ach Risk 11(mage71 oa Dc'j)17777ll,'Ul INSURM E ADAISORY FORM -oL of '.'el -n - —,4— '�— "J, co - , Rai 1?:e=ne'w.s a_ Cm cf Bw=, Benzi a Adtmml hnml Ms n Me by pnHol of awlz7 TllP C" r.. 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Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone- (561) 742-6322 Bid Title: NEWSPAPER MICROFILMING AND DIGITIZATION SERVICES Bid Number-, 059-2610-17/IT Bid Received By: AUGUST 21, 2017, NO LATER THAN 2:30 P.M. Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: August 215 2017, no later than 2:30 P.M., and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Federal I.D. Number: A Corporation of the State of: Area Code: Telephone Number: Area Code: FAX Number: Mailing Address'. City/State/Zip: Vendor Mailing Date: E-MAIL: Authorized Signature Name Typed 13 Page 170 of 544 ADDENOA CITY OFBOYNTONBEACH FLORIDA BID TITLE: NEWSPAPER MICROFILMING AND DIGITIZATION SERVICES BID NO: 058-3610-17/|T BIDDER: DATE SUBMITTED: We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all rnateria|, eqoipment, moohinery, too|s, appgraKus, means of transportation, construction, coordination, labor and services necessary to onrnp|ot8/prov[dethe work specified by the Contract documents. Having studied the documents prepared by: The City ofBoynton Beach and having examined the project site, we propose to perform the work of this Project according to the Cnn\nan1 documents and the following addenda which vvehave received: ADDENDUM DATE ADDENDUM DATE NO ADDENDUM WAS RECEIVED |yWCONNECTION WITH THIS BID |4 Page 171Of544 BID SHEET NEWSPAPER MICROFILMING AND DIGITIZATION SERVICES BID No.: 058-2610478T Basis of Award: This bid may be awarded to the lowest responsive and responsible bidder per grnup, by total of all groups or any combination thereof, whichever is deemed in the City's best interests. Group I — All equipment, labor, tools, materials, supplies and shipping charges for microfilming and TOTAL PRICE GROUP 1: $ scanning approximately 4,059 newspaper pages Group 2 — All equipment, labor, tools, materials, supplies and shipping charges for microfilming and TOTAL PRICE GROUP 2: $ scanning approximately 9,926 newspaptLR�j�._ Group 3 — All equipment, labor, tools, materials, supplies and shipping charges for microfilming and TOTAL PRICE GROUP 3: $ scanning approximately 10,356 newspaper pages Group 4 — All equipment, labor, tools, materials, supplies and shipping charges for microfilming and TOTAL PRICE GROUP 4-. $ scanning approximately 7,644 newspaper pages TOTAL PRICE ALL GROUPS I THRU 4: $ SCHEDULE OF VALUES : In addition tothe total price per group above, please provide schedule of values used to develop and determine the total of each group bid price. These unit prices will also be used to obtain additional microfilming digitization services, if required. ITEM UNIT PRICE High contrast black and white silver halide 35mm roll film master, 1-up for non-brittle newspapers $ / per frame High contrast black and white silver halide 35mm roil film master, 1-up for brittle newspapers $ / per frame High contrast black and white silver halide 35mm roll film master, 2-up for non-brittle newspapers $ / per frame High contrast black and white silver halide 35mm roll film master, 2-up for brittle newspapers $ / per frame Material preparation for microfilming including unbinding and minor repairs $ / per hour Duplicate reels — negative $ / per reel (Name of bidder, CorporaUon. Firm or Individual) 15 BID SHEET (continued) NEWSPAPER MICROFILMING AND DIGITIZATION SERVICES BID No.: 059'2610-17/[[ Duplicate reels — positive $ /per reel Manual cropping of image (remove over-scan, leaving 1/4 inch $ / 'per image Manual cropping of image and auto deskew $ / per image Digitizing from microfilm at 400dpi, grayscale, uncompressed $ / per frame TIFF OCR, saved as ResCarta compliant file $ / per image 2 TB (minimum) portable hard drive $ / each Loading data to portable hard drive Shipping (including portable hard drive for quality control and The undersigned bidder understands that this project will be grant funded and agrees toadhere to projected timeframe on defined herein. The undersigned bidder hereby represents that it has carefully examined the specifications and reuqirements and will perform all its items, covenants and conditions, all in exact compliance with the requirements of the scope of services. The bidder, by submission of this Bid acknowledges that the bidder hes been advised that in the event bidder contests the award of this project to another biUder, that the bidder dammages, if any. are limited to actual Bid preparation costs and bidder hereby waives any claim it may have for other damages Conning from the City's failure to award the project bidder, (Name of bidder, Corporation, Firm mr Individual) 16 6.1. CONSENTAGENDA 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: Accept the Fiscal Year 2016-2017 Budget Status Report of the General Fund and the Utilities Fund for the ten (10) month period ended July 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 ten (10) month period ended July 31, 2017 (83% 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: 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 $ 83,767 $ 75,076 90% $ 76,518 $ 71,181 93% 9.5% 5.5% &Transfers Expenditures $(83,767) $(66,250) 79% $(76,518) $(64,751) 85% 9.5% 2.3% Excess (Deficit) $- $ 8,826 $- $ 6,430 The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $8.8M surplus for the period ending July 31, 2017. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of$68.9M or 82% of our total $83.7M General Fund budget estimate for FY 2016-17. Transfers from other funds (non-revenues) provide $14.8M or 18% of the total funding sources to balance our $83.7M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 38% - $ 31.6M —Property taxes less Tax Increment Financing to the CRA 2. 44% - $ 37.3M —All other revenues plus General Fund Balance 3. 18% - $ 14.8M —Transfers from other funds 100% - $ 83.7M —Total funding sources Page 174 of 544 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 18% of all funding sources. Actual Funding Sources Realized: At the end of the tenth month in FY 2016-17, revenues and transfers realized are approximately $75.OM of the budget estimate compared to $71.1 M realized to date in FY 2015-16. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $31.7M as compared to $29.6M for FY 2015-16, as noted on Exhibit A. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 9.5% from$76.5M to $83.7M. 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 ten month period ending July 31 (83% of the fiscal year) are $66.2M that is 79% of the $83.7M 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 $66.2M or 79% of the FY 2016-17 budget. At this point in the fiscal year, FY2016-17 spending levels are $1.5M ahead of the $64.7M or 85% 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 $42.2M. 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 $ 37,590 89% $42,218 $ 37,420 89% 0.1% 0.5% &Transfers Expenditures $(42,245) $(34,651) 82% $(42,218) $(33,671) 80% 0.1% 2.9% Excess (Deficit) $- $ 2,939 $- $ 3,749 For the ten month period in FY 2016-17, • Revenues realized are $37.5M (89%) of the annual budget estimate. • Expenditures incurred are $34.6M (82%) of the annual appropriated budget. This resulted in revenues in excess expenditures which yielded a surplus of approximately $2.9M. Expenditures (Exhibit D)— Utility Fund FY 2016-17 expenditures to date are $34.6M or 82% of the annual appropriation compared to expenditures of $33.6M or 80% for the prior fiscal year (which excludes Page 175 of 544 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 Revenues-F i nancial Report for July 31, 2017 D Addendum GF Expenditures-Financial Report for July 31, 2017 D Addendum OF Revenues-Financial Report for July 31, 2017 D Addendum OF Expenditures-F i nancial Report for July 31, 2017 Page 176 of 544 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended July 31,2017(83%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 $ 38,378,634 100% $ 35,437,711 35,591,244 100% LESS TIF TAXES TO CRA 6,682,137 (6,590,331) 99% 5,985,241 (5,971,583) 100% NET TAXES TO THE CITY 31,640,172 31,788,303 100% 29,452,470 29,619,661 101% LICENSES AND PERMITS BUSINESS TAXES 1,656,000 1,717,857 104% 1,545,000 1,626,815 105% BUILDING PERMITS 2,417,000 1,847,847 76% 2,154,000 2,251,761 105% FRANCHISE FEES 5,065,000 3,738,678 74% 4,830,000 3,769,187 78% OTHR LICENSES,FEES&PER 218,000 213,131 98% 180,000 216,631 120% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 85,000 13,872 16% 130,000 27,135 21% STATE SHARED REVENUES 8,674,000 6,536,992 75% 8,239,000 6,626,080 80% SHRD REV FROM OTHR LCL 310,000 125,361 40% 395,000 141,092 36% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 121,300 134,833 111% 121,300 120,133 99% CHRGS-GENERAL GOVT 459,500 423,818 92% 459,000 398,954 87% PUBLIC SAFETY 5,133,816 6,126,834 119% 4,870,949 5,107,902 105% PHYSICAL ENVIRONMENT 20,000 5,709 29% 20,000 13,249 66% CULTURE/RECREATION 415,500 395,734 95% 410,500 381,579 93% INTEREST&MISC REVENUE LIBRARY FINES 30,000 18,491 62% 30,000 15,760 53% VIOLATIONS LOCAL ORD. 720,000 432,849 60% 595,000 542,740 91% INTEREST EARNINGS 50,000 93,274 187% 50,000 104,234 208% RENTS AND ROYALTIES 368,800 354,640 96% 367,200 293,640 80% SPECIAL ASSESSMENTS 5,541,500 5,645,525 102% 5,541,500 5,620,172 101% SALE OF SURPLUS MATERIAL 2,000 1,668 83% 2,000 2,129 106% OTHER MISC.REVENUE 2,725,000 365,517 13% 233,000 224,467 96% INTERNAL FUND TRANSFERS TRANSFERS 14,842,000 12,368,333 83% 16,442,000 13,701,667 83% FUND BALANCE APPROPRIATED 3,272,149 2,726,791 83% 450,645 375,538 83% Total Revenues $ 83,766,737 $ 75,076,057 90% $ 76,518,564 71,180,526 93% $90,000 Two Year Cumulative Revenue Comparison and CFY $80,000 Budget-($in thousands) # $83,767 by �ti ��hp ;$70,000 - ��S t a � $60,000 t Aye b '1 i $50,000 s 1 ' $30,000 s 1$20,000 - �ti�� s $10,000 q5- $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:AFinanceAFinancial Reports\Monthly Financial Reports\FY2016-2017ABudget Review-GF-tl�Julyl7 Smnmrized001Reven SmnnaryRevised Page 177oiof 544 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended July 31,2017(83%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 $ 227,801 98% $ 260,692 $ 183,235 70% CITY MANAGER 696,119 634,894 91% 675,310 574,968 85% CITY HALL/GEN.ADMIN. 8,405,149 2,281,347 27% 2,441,639 1,849,198 76% MARKETING/COMMUNICATIONS 313,215 210,650 67% 234,811 191,892 82% CITY CLERK 605,165 430,422 71% 611,709 482,077 79% CITY ATTORNEY 615,411 415,544 68% 645,944 479,274 74% FINANCIAL SERVICES 1,186,767 881,664 74% 1,175,704 1,009,896 86% ITS 2,249,058 1,671,690 74% 1,921,828 1,605,527 84% HUMAN RESOURCES 806,830 603,147 75% 720,200 546,415 76% PUBLIC SAFETY UNIFORM SERVICES 16,197,211 14,148,759 87% 15,809,178 13,497,269 85% ADMINISTRATIVE SERVICES 3,715,348 2,963,363 80% 5,269,636 4,408,244 84% SUPPORT SERVICES 9,151,124 8,186,650 89% 8,782,483 7,706,380 88% FIRE 21,789,868 19,428,191 89% 22,767,587 19,503,395 86% COMMUNITY STANDARDS 2,191,683 1,495,933 68% 0 0 0% EMERGENCY MANAGEMENT 22,870 8,526 37% 81,914 14,082 17% BUILDING&DEVELOPMENT DEVELOPMENT 1,091,800 946,388 87% 1,013,150 871,987 86% BUILDING 1,200,588 1,097,619 91% 1,184,195 969,460 82% ENGINEERING 693,132 591,830 85% 716,777 606,786 85% PLANNING&ZONING 733,234 657,864 90% 757,498 657,175 87% ECONOMIC DEVELOPMENT 231,749 160,627 69% 245,731 155,708 63% PUBLIC WORKS PUBLIC WORKS 223,397 196,904 88% 235,695 199,697 85% FACILITIES MANAGEMENT 1,851,035 1,247,584 67% 1,541,462 1,246,430 81% STREETS MAINTENANCE 1,128,602 838,373 74% 1,100,307 934,835 85% LEISURE SERVICES LIBRARY 2,253,461 1,938,559 86% 2,261,401 1,943,722 86% SCHOOLHOUSE MUSEUM SERV 269,372 246,160 91% 301,653 285,720 95% RECREATION 2,960,081 2,470,834 83% 2,990,094 2,542,369 85% PARKS&GROUNDS 2,952,762 2,242,743 76% 2,771,966 2,255,904 81% CRA REIMBURSABLE&RESERVES - 26,349 0% - 29,167 0% Total Expenditures $ 83,766,737 $ 66,250,415 79% �$-- 76 518 564 $ 64,750,812 85% $90,000 Two Year Cumulative Expenditure Comparison and $83,767 $80,000 CFY Budget-($in thousands) $70,000 - $60,000 �3 $50,000 aL yo w $40,000 h°jnyC°` �, ey $30,000 $20,000 et $10,000 , ,98 $0 -------- I......... .... 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 ReportsTY2016-2017\Budget Review-GF-thm July 17 Summarized001 Expenditure Summary Revised Page t7&of 544 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended July 31,2017(83%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 $ 18,544,536 92% $ 19,490,000 $ 17,593,842 90 WATER CONNECTION FEE 25,000 79,277 317% 25,000 38,360 153 WATER SERVICE CHARGE 750,000 843,425 112% 750,000 725,455 97 WTR-BACKFLOW PREVNTR TEST 10,000 13,000 130% 5,000 19,000 380 RECLAIMED WATER SALES 60,000 59,658 99% 60,000 49,230 82 SEWER SERVICE 18,500,000 15,811,552 85% 17,988,000 15,669,150 87% STORMWATER UTILITY FEE 3,800,000 3,183,438 84% 3,790,000 3,145,582 83% TELEVISE SEWER LINES 3,500 634 18% 2,500 12,857 514 FEES 15,000 6,338 42% 10,000 36,854 369 INTEREST INCOME 35,000 19,420 55% 40,000 42,202 106% SALE OF SURPLUS EQUIP. - 30,805 0% - 1,403 0 OCEAN RGE UT TAX ADM CHG 800 686 86% 800 725 91 BAD DEBT RECOVERIES - - 0% 500 - 0 MISCELLANEOUS INCOME 688 0% - 38,377 0% TRANSFER FROM SANITATION FUND - 0% - - 0 FUND BALANCE DECREASE(INCREASE) (1,204,004) (1,003,337) 83% 56,108 46,757 83 TOTAL REVENUES $ 42,245,296 $ 37,590,120 89% $ 42,217,908 $ 37,419,794 89% ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $50,000 _ ti Two Year Cumulative Revenues Comparison and h CFY Budget-($in thousands) ti 41, $42,245 I $40,000 I I $30,000 e tis' lb Ly�ti��ti y�r,y �qh r1n. cx'9'ti 6ti 0,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 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- S:\Finance\Financial Reports\Monthly Financial Reports\FY2016-2017\Budget Review-OF-thru July 17 Summariz d401 Rev Sum Page 179 of 544 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended July 31,2017(83%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 $ 1,577,843 87% $ 1,659,754 $ 1,387,074 84% PUBLIC WATER TREATMENT 5,839,748 4,811,499 82% 5,691,571 4,417,619 78% METER READING&SERVICES 1,068,186 973,269 91% 1,208,362 893,847 74 WASTEWATER COLLECTION 1,667,933 1,217,575 73% 1,720,597 1,356,684 79% WASTEWATER PUMPING STATNS 2,586,495 1,948,727 75% 2,622,842 2,064,780 79% SEWAGE TREATMENT 4,050,070 2,925,380 72% 4,405,000 3,061,240 69% WATER QUALITY 650,776 455,405 70% 662,894 562,317 85 UTILITY ADMINISTRATION 14,710,941 12,137,169 83% 14,472,294 11,723,045 81 UTILITES ENGINEERING 1,365,747 1,271,434 93% 1,150,746 1,079,433 94% STORMWATER MAINTENANCE 966,364 792,675 82% 978,291 778,527 80% CUSTOMER RELATIONS 1,446,521 1,190,973 82% 1,562,822 1,208,045 77% DEBT SERVICE 6,078,488 5,348,857 88% 6,082,735 5,138,506 84 Total Expenditures $ 42,245,296 $ 34,650,806 82% $ 42,217,908 $ 33,671,117 80% -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $50,000 Two Year Cumulative Expenditures Comparison and CFY Budget-($in thousands) M� I ted' $40,000 �1�' __542245 �� roti 1 a� titi $30,000 h SAA $20,000 _�y♦Ltih`�..._�1 _ a w° 11' by $10,000roti41 h' titi $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep =Cumulative 2015-16Actual Ill Cumulative 2016-17 Actual 2016-17 Budget -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- S:\Finance\Financial Reports\Monthly Financial Reports\FY2016-2017\Budget Review-OF-thru July 17 Summarized401 Exp Sum Page 180 of 544 6.J. CONSENTAGENDA 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: Approve the minutes from the City Commission held on EXPLANATION OF REQUEST: The City Commission met on 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 D Minutes Minutes 08-1 -17 D Minutes Minutes 08-10-17 D Minutes Minutes 08-17-17 Page 181 of 544 MINUTES OF THE PUBLIC INPUT MEETING ON THE TOWN SQUARE - PLAYGROUND HELD ON THURSDAY, AUGUST 10, 2017, AT 5:30 PM, AT THE BOYNTON BEACH CITY LIBRARY, PROGRAM ROOM 208 S. SEACREST BOULEVARD, BOYNTON BEACH, FLORIDA Laura South, Vice President, Event Production Merchant Strategy began the meeting at 5:39 p.m. Town Square Boynton Beach is a 15-acre site in downtown Boynton Beach, just east of the 1-95 Boynton Beach Boulevard exit. The project is a public/private partnership between the City of Boynton Beach and E21- Real Estate Solutions, LLC and includes the renovation of the historic Boynton Beach High School into a cultural center, residential and retail spaces, a hotel, public spaces, a garage, fire station and a new city hall. The Schoolhouse Museum and Children Learning Center will remain and the Boynton Beach City Library will receive upgrades in association with the construction of a new city hall. The focus would be on the playground. Ms. South introduced Mayor Steven Grant. Mayor Grant indicated he was extremely excited about the meeting. This meeting was for citizens input about the Kid's Kingdom Park. He introduced Vice Mayor Justin Katz, Tim Howard Assistant City Attorney, Wally Majors Director of Parks and Recreation, Jeffery Livergood Director of Public Works, Eleanor Krusell Communication Manager, City Attorney James Cherof, Joseph Paterniti Interim Utility Director, Rebecca Harvey Sustainability Coordinator, Craig Clark Library Director, and Mark Hefferin, President E21- Real Estate Solutions, LLC. He was looking forward to citizens' input. Ms. South introduced Baker Barrios Inc., Wayne Dunkelberger, Creative Director, Beth Bartlett, Master Planner, Grace Harrison, Landscape Architect, Sharon Merchant President of Merchant Strategy. Grace Harrison, Landscape Architect, noted she was honored to be a part of the team to help with the design of the new park with Wayne Dunkelberger, Creative Director, working on the overall Master Plan, and Beth Bartlett, Master Planner with more than 10 years experience. Ms. Harrison indicated the reason to be present was to help the citizens of Boynton Beach to get ideas and to brain storm what can be done with Kid's Kingdom Park. She wants to have some History of the existing Kid's Kingdom Playground, as well as provide some current trends and research in playground design. Ms. Harrison stated that the input from the public was very important; this was a park for the community. She needed to know what type of parks would be acceptable, what the community would like to keep, what can be refurbished or repurposed. Page 182 of 544 Meeting Minutes Town Square Public Input - Playground Boynton Beach, Florida August 10, 2017 Jeff Livergood, Director of Public Works, indicated the reason the community was included tonight was to provide ideas about replacing Kid's Kingdom Playground. He said this was a much larger scale project. This meeting was about Kid's Kingdom only. There would be other opportunities to speak to the architectural as well as the open space in the future. He noted that the site planning process will follow the normal practices of the City. It will go through the Planning and Development Board and then to the City Commission for approval. Mr. Livergood said the opportunity to comment on the overall site plan and the buildings and their placement will be available to the citizens at a different meeting. The meeting's focus was on Kid's Kingdom Park. Mr. Livergood said that the park was built with volunteer efforts. Leathers Associates facilitated the process for the park in 1992. He said there was a lot of love and effort put into the park. The park was designed in 1992; the standards have since changed. He was responsible for the maintenance for the facility. There were some structural concerns with some of the equipment. The playground needs to be replaced. The life of a playground was 20 years; this playground has reached its end of life. Anything that would be built now will need to be replaced in 20 years. He was looking forward to replacing the park. The existing playground was made from the first generation recycled timbers. At that time the material was top of the line. The materials being used today are much better. The new element that was being worked into the design was a safety issue. He was looking forward to replacing elements of the park. Ms. Harrison indicated the designers would reuse some of the pieces from the existing park. She said some of the pieces could be used as memorial pieces, which was a statement of the community. The design parameter for the new playground would focus on safety and visibility (no hiding spots). She indicated the reuse and repurposing of some of the elements would be great. She continued to say that Crime Prevention Through Environmental Design (CPTED) was a multi-disciplinary approach to deterring criminal behavior through environmental design. CPTED strategies rely upon the ability to influence offender decisions that precede criminal acts. Generally speaking, most implementations of CPTED occur solely within the urbanized, built environment. Beth Bartlett, asked the question, what was play? She explained play was a very important part of a child's development. She explained play was voluntary, pleasurable, and non-literal; it was make believe. Play was linked to cognitive, social and physical development in children. There are three different types of play. The first was social play. With social play kids learn to be adults, they lean to negotiate, they learn to take turns, and they see relationship with diverse groups of people. Children have peer- to- peer play. The second was pretend play, begins as early as 12 months, pretend to be a person or object or something else. This was the beginning of language skills, self- regulation, creativity and social understanding. The next was physical. With this type of play the CDC recommends kids get 60 minutes of play per day. It supports their gross motor development; it helps them to be healthy. She explained that schools are limiting physical education, kids are over scheduled. She continued to say that children have passive entertainment, such as computers and cell telephones. 2 Page 183 of 544 Meeting Minutes Town Square Public Input - Playground Boynton Beach, Florida August 10, 2017 Ms. Harrison presented three design ideas for the park. The Traditional Wood, Modern Ropes, Colorful Modular. She believes the Traditional Wood was similar to what was currently installed at Kids Park. This was recycled lumber and would be cool to the touch. Custom pieces would have a natural feel. The next was the Modern Ropes kids enjoy climbing and getting a different view. The color modular pieces, these are easily maintained. These are plug and play, cool to the touch. All can be themed. Susan Oyer, 140 SE 27 Way, requested clarification regarding the name Kapok Park. Was this the actual name or was that the name that was being assigned in the planning stage. Ms. Harrison said that this was being assigned as a piace holder. Ms. Oyer said that she would have thought that this would be Kid's Kingdom Park or Castle Park. Ms. Harrison explained the blue area was Kid's Kingdom and the other area was the Kapok Park. Ms. Bartlett explained that Kapok Park was located west of the High School. The name Kapok was chosen because of the large Kapok tree. She explained this was a separate area from the park. Ms. Oyer indicated that most of the people would like to keep the castle. The ship was decaying and needed to be sunk. She said maybe some small memorial for the ship would be okay. Ms. Harrison asked if Ms. Oyer could clarify what she means by the Castle. Ms. Oyer explained the part that looks like a castle. Ms. Harrison asked if by the Castle she meant the moat and the entrance to the castle, or did she mean the vertical elements. Ms. Oyer said the turrets on top, the red parts that look like a castle. Ms. Oyer stated her assumption was that the material would be a combination of wood and or a modern MDF (Medium Density Fiberboard) or modular plastic or a combination of all. She wanted to make sure that the pieces would be cool. The next thing was the boat area; visibility was nonexistent. When this is built, maybe a small boat that had more viability would be better. Ms Oyer also said a fountain would be nice, something like they have on Clematis. She continued to say have some type of whimsical art in the fountain area. There should be some night lighting. Solar LED (Light Emitting Diode) and need to have something in the daytime to cool off. Please use the LED lights at night. Please do not use cool white; cool white interferes with the sleep rhythm. Need to have something around the perimeter, some type of benches, so that the homeless do not sleep there. Maybe something that would allow the parents to exercise as well. There could be some type of a movement station. Anything that was being done should be whimsical. Ms. Harrison said she agreed. She wants families to enjoy and return. Former Commissioner, David Katz said he was one of the five people that worked on the park in 1993. He still has his original notes. Of all the designs that were shown, the only one that comes close was the traditional wood. He said the City needed to keep the pickets. This would be the traditional wood recycled lumber, make sure that those 3 Page 184 of 544 Meeting Minutes Town Square Public Input - Playground Boynton Beach, Florida August 10, 2017 Deb Myers, 115 South Seacrest, indicted the only thing that she would add; the children can leave the area. She likes the traditional wood as well. Vice Mayor Katz, noted that he was going along with what had been said. There has to be an effort to infuse some type of nautical theme into the playground. He said that the City was known as the Gateway to the Gulf Stream. The City was trying to market itself as a coastal area. He continued to say the designers need to get weird in the way that children think. Think like a child, what was cool. Infuse the coastal village vibe. Maybe taking those horses and making them into a seahorse something as simple as that. Try to make this a part of a theme. If you really look around, that is not much of a coastal element. He thinks that there should be some coastal elements at the playground. The building was limited, but for the playground the designers can be creative. Ms. Harrison stated they must get in the mind of the user; the children are the users of the park. Nicole Scott, NE 6 Avenue, said her kids love the Castle Park. She does not go because she cannot find her kids. She indicated she loved everyone's idea. She loved the idea of the Castle Park, because she can find her kids at one time. She loves Vice Mayor Katz's idea about the nautical theme. She suggested to lower things, so that the children could be found easier. Ms. Scott stated she has two boys who would love the opportunity to add their art to the park. Mike Simon 714 Hillcrest Road, the City needs to incorporate some of the ideals of nautical themes and incorporate passive skate board element. This could be used as a dual age purpose. Ms. Harrison communicated it is excellent when everyone can utilize the park. Ilysia Shattuck, 57 Egret Way, as a parent she stopped going to some of the parks because we could not find the children. She loves the red park, across from the Children's museum. We have a lot of natural shade. Her daughter gave her a list of what she wanted the park to have: lots of swings, slides, rock climbing, open green field, water to keep her cool. Her son wanted a rocket ship. Candice Brueggemann 713 SE 4 Street, the playground should not be moved. Add a splash park. It would be great if the existing park was restored. Ms. Bartlett read into the minutes: "Mother of two, please install playground, low picnic tables, add a fence, shade, landscape to attract squirrels, some type of water fountain. Please do not use Astroturf." Rick Maharajh, 1627 Centonia Drive, would love to see fusion between the Disney castle and the nautical theme. Have tons of LED lights. He asked what was being done 5 Page 186 of 544 Meeting Minutes Town Square Public Input - Playground Boynton Beach, Florida August 10, 2017 for children with special needs. He would love to see a lunch and learn. He said bring the kids in to see what they have to say about the park. Mike Fitzpatrick recalled the boat was fashioned after the NINA, to commemorate Christopher Columbus's anniversary. Mr. Fitzpatrick wanted to state that the end of life for the castle was 100 years. When the playground was built it was known that the other elements in the park would need to be replaced around the castle. The castle was the focal point. The idea was that the castle would stay and the other elements could be replaced. If you look at the castle it does not have any type of decay. He also stated that he wants to save those trees in this area, the trees provide shade. The children can climb the trees. He indicated there were two sections in the castle, one for older children and one for younger children. Commissioner Romelus indicated she would like to see Kid's Kingdom maintain its original structure. She said being a mother she understands the struggle with trying to locate a child at the park. She would like to see more openness, so we can see the kids; love the originality of that structure. In Delray Beach, they had a park that resembled Kid's Kingdom. A few months ago, it became blue plastic. She does not want this to happen at Kid's Kingdom. She would like to see the spongy ground instead of the mulch. Ms. Harrison said that was a lesson learned about mulch. Dominique Natalie would like to know if the City can provide areas for sensory play. The park should be wheel chair friendly. Have an area a little bit higher, not just for toddlers. Susan Oyer, 140 SE 27 Way, said to maintain the nautical theme, there was a way to incorporate both. She said why not whimsical ocean animals, like a seahorse knight. Ms. Oyer said that the castle would be there for another 80 years. What about a castle by the ocean. Maybe add a color scheme. Nicole Scott asked about separating children by ages. She also said making sure all children were included. Make sure that the park was ADA compliant Barbara Ready wanted to save the green space. There was already a bathroom available. She said as far as a theme, the City has a pirate festival every year. She said she needed to see the plans for the park. Ms. Bartlett said it was possible on the west side; this was what was being called Kapok Park. It was possible to make the splash pad in the area west of the old school. She added there could be movies in the park, shade structures, also interactive art, along with some of the other interactive pieces. Ms. Harrison said there could be lighting of the fountain and the other water pieces. Susan Oyer, noted the Historic High School was looking to become an event center. She was thinking some type of French doors, some type of patio area, nice walk way so 6 Page 187 of 544 Meeting Minutes Town Square Public Input - Playground Boynton Beach, Florida August 10, 2017 that the City can rent this area out to make some money. Having an event space would be appropriate. The Water Park needs to go next to Kid's Kingdom. The space next to the Historic High School should be more elegant, to attract investors. The City can have some solar trees; in the evening these can light up the area. She found a beautiful statue, which shifts. We could use the City logo. Barbara Ready said she would like to see a restaurant in the Old High School. She would also like to see fencing in the area. Ms. Ready indicated the City could repurpose some of the slate boards in the Old High School. Ms. South thanked everyone for coming and indicated this information would be on the City's website, and #TownsquareBoynton Beach. There are two more public meetings coming up , August 17, 2017 and August 24, 2017 from 5:30pm to 7:30 pm. A job fair has been scheduled for, Tuesday August 22, 2017. ADJOURNMENT Public Input meeting was adjourned at 6:45 p.m. P Queenester Nieves Deputy City Clerk 7 Page 188 of 544 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY AUGUST 15, 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 Joe Casello, Commissioner Christina Romelus, Commissioner 1. OPENINGS A. Call to Order- Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:32 p.m. Roll call Judith A. Pyle, City Clerk, called the roll. All present. Mayor Grant read the below captioned case: CLOSED-DOOR SESSION to be held on August 15, 2017 commencing at 5:30 pm in Commission Chambers at City Hall to discuss pending litigation in the case: DENNIS GALINDEZ and MARLA GALINDEZ, his wife, Plaintiffs vs. CITY OF BOYNTON BEACH and FIRST GENESIS LAW N SERVICE, INC., Defendants - Case No. 50 2015 CA 002413 Division AD Mayor Grant announced the closed-door session regarding DENNIS GALINDEZ and MARLA GALINDEZ vs. City of Boynton Beach for the above captioned case. James Cherof, City Attorney, announced present for the session was the City Commissioners; Lori LaVerriere, City Manager; James Cherof, City Attorney; Tracy DeCarlo, Assistant City Attorney; and a court reporter. Mayor Grant recessed the meeting at 5:34 p.m. i Mayor Grant reconvened the meeting at 6:30 p.m. and called the Regular City Commission meeting to order. Invocation Reverend Richard Dames gave the invocation. Pledge of Allegiance to the Flag Page 189 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 Commissioner Casello led the Pledge of Allegiance to the Flag. ROLL CALL Judith Pyle, City Clerk, called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Romelus requested item 12.0 to be moved before consent agenda. Mayor Grant requested item 12.A to be moved before consent agenda. Added a new announcement to introduce new sustainability officer, Rebecca Harvey. 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Commissioner Casello seconded. The motion was duly seconded and unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Mayor Grant announced there would be a FDOT (Florida Department of Transportation) meeting relating to 1-95 and Boynton Beach Boulevard to Gateway. The meeting has been scheduled for Tuesday, August 29. He informed the Commission that the business tax receipts and certificates of use were mailed out. On August 2nd he attended the Teen Cop academy for their crime scene investigation role play. Attended the Art Camp showcase. August 3rd was present at the Literacy Coalition, attended the Business Development Bureau Brightline behind the scenes. Attended St. Johns Baptist Church's back to school event. August 7th was on a panel discussion for an inconvenient sequel, moderated by Congressman Ted Deutch. August 8th attended Heathier Boynton Beach Advocacy Committee. August 9th the Boynton Beach Chamber Luncheon with Felicia Combs attended the Boynton Intercostal group event. August 10th attended the new Carvel Ice Cream Shop opening. Attended the Town Square public input meeting regarding the Playground. August 11th went to the Hispanic Bar Association Labarga Luncheon. He also attended the Connect-to-Greatness event. August 12th was in Pearl City for the Habitat for Humanity luau. Attended the Barasole Association at the South County Civic Center. August 14th attended Poinciana Elementary for the High Five Success initiative. Spoke at the Veteran's Park to celebrate the victory over Japan. Wanted to recognize and welcome the students from Florida Career College. 2 Page 190 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 Commissioner Casello indicated he had the opportunity to have a seat at the round table to discuss opioid use. He indicated this was held at Palm Beach State College hosted by Senator Valor, Senator Negron and Commissioner Melissa McKinlay as well as some sober home operators. Commissioner Romelus attended a check presentation by BIG (Boynton Intercostal Group) to honor the Police and Fire department. She said this was a great opportunity to honor our safety personnel. She wanted to make sure that the City honors them as well. Attended the Town Square input meeting. Indicated she wanted to see the playground preserved. Commissioner McCray attended Poinciana Elementary for the High Five Success Initiative. Also attended the Chamber of Commerce luncheon and indicated he was a little dismayed at the attendance. Vice Mayor Katz stated he had no disclosures. 3. ANNOUNCEMENTS; COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announce remaining scheduled Town Square Public Input Meetings: Thursday, August 17, Topic: Architectural Styles Friday, August 24, Topic: Open Spaces (Includes Public Art) All meeting will take place at the Boynton Beach City Library from 5:30 .m. to 7:30 p.m. Flyers for the Public Input Meetings are in the back of the room. B. Announce upcoming Town Square Job Fair on August 22, 2017 to be held at Carolyn Sims Center, 225 NW 12th Avenue: Sub-Contractors 8:00 A.M - Noon Labor Force (skilled & unskilled) 3:00 P.M - 7:00 PM Flyers are available at the table in the back of the Commission Chambers. C. The schedule for September City Commission meetings is as follows: Regular City Commission Meeting to hold 1st Budget Public Hearing and Adoption of Final Fire Assessment - Thursday, September 7, 2017 @ 6:30 p.m. in Commission Chambers; and Regular City Commission Meeting & 2nd Budget Public Hearing to adopt the Final Millage Rate and Final Budget for FY 2017-18 - Tuesday, September 19, 2017 @ 6:30 p.m. in Commission Chambers 3 Page 191 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 D. Proclaim August 31, 2017 as National Overdose Awareness Day. Sharon Burns Carter, of the Southeast Recovery Advocates, will be present to accept the proclamation. Mayor Grant read the Proclamation declaring August 31, 2017 as National Overdose Awareness Day. Sharon Burns Carter, noted that there are 23 million Americans in recovery today. She wanted to thank Mayor Grant and the City of Boynton Beach for addressing the issue of drug overdose. She continued to say that it takes a unique person and organization to tackle the issue of drug addiction. Linda Mautner, President of the Ian Mautner Foundation, stated she was here to show the City of Boynton Beach some appreciation. She said the bad guys are getting arrested. She wanted to inform the Commission there are a lot of lives that are being impacted with what the City of Boynton Beach was doing. Ms. Mautner explained they are working in the trenches; there are many young people that are being helped. Ms. Mautner wanted the Commission to know that there are a lot a real miracles happening because of the new laws that are being implemented. Ms. Carter said there will be a rally on August 31, at FAU beginning at 5pm. If you are interested go to feduprally.org to receive additional information. E. Presentation of a certificate and check to Rodolfo Ledesma, Grand Prize winner of Sister Cities International 2017 Young Artists and Authors Showcase competition. Mayor Grant and Jeannie Heavilin will be presenting the award Mayor Grant presented the certificate. Jeannie Heavilin, President of Boynton Beach Sister Cities, announced that for the past 14 years she has participated in the Sister Cities International of young artist and authors showcase competition. Ms. Heavilin explained that the City of Boynton Beach has a local competition for middle and high school students and the Arts Commission provides the judges. The winning work was sent to Washington, DC for the international competition. The Sister Cities receives entries from around the world. This was the most exciting time to have a local resident win the grand prize. Rodolfo Ledezma won the grand prize for the US student in the international competition. She said Rodolfo Ledezma attends South Tech; he was planning to pursue an architectural career in the future. He will receive $1000 as the grand prize winner. He will also receive a free pass to the traveling sauna in November. Ms. Heavilin noted that all of the winning art and essays would be a part of the Sister Cities International traveling exhibit. The City of Boynton Beach will be hosting the exhibit, April 2018. Mayor Grant wanted to congratulate Rodolfo and wished him the best in his architectural career. 4 Page 192 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 Colin Groff, Assistant City Manager, introduced Rebecca Harvey, Sustainability Coordinator. He stated she was hired to carry out all of the initiative that was a part of our climate action plan. She was going to be working with every department in the City. Rebecca Harvey, Sustainability Coordinator, thanked the Commission and Mayor for the opportunity to say a few words. Wanted to thank Mayor Grant for his participation in an event that she organized on climate change. She was honored to be a part of the City leadership team. Commissioner McCray asked where she was located. Rebecca Harvey stated she was housed at the Utility Department for the moment. She gave her address as 124 East Woolbright Road. Mayor Grant opened public audience. 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) Chrystal Spears 181 SE 1st Avenue, on behalf of Habitat for Humanity of South Palm Beach County, presented Mayor Grant with the pink hammer award for coming out and being the habitat City Leader. Jeffery Fengler, Habitat for Humanity of South Palm Beach County, wanted to thank the City of Boynton Beach for being a part of the solution. The City was transferring property to Habitat. Mr. Fengler indicated with those lots Habitat for Humanity would build 4 new low cost homes. Mr. Fengler stated they are moving forward faster with the help of the City of Boynton Beach. He also indicated that the Boynton Beach CRA have given a lot on MLK Boulevard. He stated that would be the third home being built in that area. Commissioner McCray wanted to state he met with Mr. Fengler and Ms. Spears last week. Richard Dames, 233 NE 12th Avenue, indicated that he was the President of Boynton Beach Coalition. Wanted to thank, Mayor Grant, Vice Mayor Katz, Commissioner McCray, Chief Katz and the Fire Department for supporting the children of the High Five Success Initiative. Wanted the Commission to know that just seeing all of the members and government officials welcoming the children back to school gave the parents and students a sense of pride. Lori Wilkinson, 2458 SW Cranbrook Drive, thanked the Commission for her reappointed to the Education and Youth Advisory Board. She introduced her daughter 5 Page 193 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 Kathleen, stated that her daughter was on the Education and Youth Advisory Board as a student member. She was not at this meeting in the capacity as a board member. There was an issue going on with Boynton Beach High School. Last year the principle was changed, with that change some of the teachers left. She indicated that the school district was trying to push Boynton Beach High School as the Dreyfoos of the south. She understands that the Commission has no control of the School District, but she wanted to see what the Commission could do to help Boynton Beach High School. Mrs. Wilkinson said that some of the awards and scholarships that the students have gotten were unbelievable. She said if the school comes with funding requests or anything else that the Commission would be open to listen. Kathleen Wilkinson, 2458 SW Cranbrook Drive, indicated she was a student at Boynton Beach High theater academy. She wanted to let the Commission know that the school has grown throughout the last two years. The teacher in charge was Mr. Gilbert, he established a theater program. He has taken the program to a level that no one thought could be done. It turned out amazing. The theater group has put on "Little Shops of Horrors", and if anyone was there they would tell that it was a huge success. It brought community members and students to the school. The school received awards, and they were the Critic Choice alternate. She continued to say some of the students have been the State Representative for their events. The student last year received superior. IT was the highest that could be earned. As a student I am requesting your support. Mayor Grant said thank you and he was sorry to hear that this has happened. Mrs. Wilkinson said this was our city and community. Commissioner McCray suggested that Mrs. Wilkinson meet with the new principal. Cindy Fal co-D!Corrado, of 316 NW 1 Avenue, wanted to make a statement as a public citizen. She heard on the news that in France 235 children were hospitalized because of medical marijuana. The ages of the children that were hospitalized were 6 and over. The children were able to get the cannabis because their parents had a prescription for medical marijuana. She wanted the Commission to study the statics before they allow the marijuana stores into Boynton Beach. Commissioner Casello explained Mr. Garcia was showing a picture of a blinking yellow warning before the light turned red. Sonny Garcia, 1631 NW 3 d Lane, explained the picture that he showed the Commission was a warning yellow light. This blinking yellow light gives the driver notification that the light was about to turn red. Since the Commission was bringing back the red light cameras, he believed that the citizens of Boynton Beach should be given a chance with the blinking warning light. He indicated the Commission needs to listen to the citizens of Boynton Beach. All this takes was a letter or something from the Commission. He continued and said Mayor Grant stated that if citizens get a ticket they deserve it. He asked the Mayor and Commission to at least give the citizens a warning. 6 Page 194 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 Mayor Grant said that the City will speak with FDOT (Florida Department of Transportation) or the County regarding the warning light. Mayor Grant agreed that the blinking yellow light was very informative. He said that he would move forward with getting additional information on the informational light. Representative Emily Slosberg, 7499 W. Atlantic Avenue, Delray Beach, wanted to introduce her staff. She stated she represents District 91. Representative Slosberg was here to thank the Commission for allowing her to speak on behalf of texting and driving. Representative Slosberg indicated that Florida was only one of four states that do not have a law regarding texting while driving. She explained that she introduced a bill that would make texting while driving a primary offense. Currently drivers can text and drive and nothing can be done. Representative Slosberg requested the City to pass a resolution regarding texting while driving. Representative Slosberg noted that there have been record amounts of calls in favor of the new law. Representative Slosberg shared that she lost her twin sister in a car crash. Representative Slosberg said she was not sure if Tallahassee was not focused on safety, but she was not given a hearing on the bill. There seems to be a culture that says that it was ok to text and drive. Representative Slosberg wanted to say thank you to the Commission for backing of this bill. Commissioner Casello indicated that maybe with these signed resolutions from different cities it would make a difference. Mayor Grant seeing no one else coming forward closed Public Audience. 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 Student (N/V Stu) openings exist: Arts Commission: 2 Alts Building Board of Adjustments & Appeals: 3 Regs and 2 Alts Library Bd: 1 Alts Planning and Development Bd. 1 Alt Recreation & Parks Bd: 1 Alt Senior Advisory Bd: 1 Alt Advisory Bd: 1 Stu N/V Mayor Grant asked for a motion to nominate. Motion Commissioner Casello moved to nominate David Sholl as an alternate member of the Planning and Development Board. Vice Mayor Katz seconded the motion. 7 Page 195 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 Vote The motion unanimously passed. Mayor Grant asked for a motion to nominate. Motion Commissioner Casello moved to nominate Lisa Browne-Banic as an alternate member of Recreation & Parks Board. Seconded the motion, Commissioner McCr ay. Commissioner Romelus said this was the individual that had to step down. She did not want to appoint her again, and then have the same issue again. Vote The motion unanimously passed. Mayor Grant read items that were moved from New Business 12. A. Approve the release of the following land parcel to Habitat for Humanity of South Palm Beach as requested by the CRA: 117 W Martin Luther King Jr Blvd - PCN 08-43-45-21-25-001-0170 Mayor Grant asked for a motion. Motion Commissioner McCray moved to approve. Seconded by Commissioner Romelus. Vote The motion unanimously passed. Mayor Grant read items that were moved from New Business 12. C. Approve a $1,000 donation to the Home Safe/Healthy Beginnings Program from Commissioner Romelus` Community Support Funds. Mayor Grant asked for a motion. 8 Page 196 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 Motion Commissioner Romelus explained the Home Safe/Healthy Beginning Program would screen parents after the birth of a child. The program provides playpens and beds to infants. Commissioner Romelus indicted that the program was 100 beds, then the sponsor requested to have the beds returned. This was why she wanted to donated her funds. She stated that the programs does some great work. Commissioner McCray requested additional information on why was the beds taken back. Commissioner Romelus indicated that the organization that had originally given the beds to the program found out that they had a need as well. Motion Commissioner McCray moved to approve. Seconded by Commissioner Casello. Vote The motion unanimously passed. 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. R17-067 - Approve supporting legislation that would make the ban on texting while driving a primary offense as requested by Representative Emily Slosberg, State House District 91. Commissioner Casello stated that all of the Commissioners were in favor of this resolution. He indicated there was a letter from the Fire Chief supporting the resolution but nothing from the Police Chief. Mayor Grant noted that he was on the Chief's Facebook page and saw that he was in favor of the resolution. Jeff Katz, Police Chief stated that he was supportive of this legislation. He has traveled to Tallahassee to stand with Representative Slosberg's father when he attempted to pass this law. He stated that he absolutely supports this resolution. Chief Katz said texting and driving kills and it needs to be a primary offense. 9 Page 197 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 Commissioner Casello stated that he found it interesting that in the red light camera video's there were people that were on the phone. Chief Katz stated regretfully when we leave here tonight, there will be someone texting while driving. Commissioner McCray asked if Chief Katz was on vacation. Chief Katz stated he was visiting his daughter.. Mayor Grant asked for a motion to approve. Motion Commissioner Casello moved to approve. Seconded by Commissioner McCray Vote The motion unanimously passed. B. PROPOSED RESOLUTION NO. R17-066 - Approve and authorize City Manager to execute an agreement with Vision Service Plan Insurance Co. (VSP) for City's employee Vision Plan for the plan year October 1, 2017 through September 30, 2018. C. PROPOSED RESOLUTION NO. R17-069 - Authorize the City Manager to sign a letter of agreement with Counseling Services Associates (CSA) to provide Employee Assistance Program (EAP) services at the rate of $13.00 per employee per year (estimated annualized cost of $10,500.00) from October 1, 2017 through September 30, 2018 for the final renewal of the agreement. D. PROPOSED RESOLUTION NO. R17-070 - Approve Subordination Agreement allowing for a subordination of the City's mortgage for Leonard Williams for the property located at 605 North Seacrest Boulevard, Boynton Beach, Florida 33435, authorizing the City Manager to sign the Subordination Agreement. E. PROPOSED RESOLUTION NO. R17-071 - Approve the update to the Engineering Division fee schedule for plat review related activities in the City of Boynton Beach, changes to become effective immediately. F. Approve the Bid for "ANNUAL SUPPLY OF PVC SCHEDULE 40 AND 80 IRRIGATION SUPPLIES" Bid # 054-1412-17/MFD to the following four (4) companies: Ferguson Enterprises, FIS Outdoor, Melrose Supply and Site One Landscapes on a primary, secondary and multiple third basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual expenditure of $25,000. The bid allows for two (2), one (1) year renewals upon vendor acceptance and determination that it would be in best interest of the City. 10 Page 198 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 G. Approve utilizing the Town of Davie Bid No. 17-124 for Fertilizer, to multiple vendors as listed below, as the lowest, most responsive and responsible bidders meeting all specifications. Items will be ordered on an "AS NEEDED BASIS". The City's anticipated annual expenditure is $90,000. The Town of Davie complied with public bid requirements equal to or exceeding the City of Boynton Beach's bid requirements. H. Approve utilizing Government Services Administration (GSA) contract #GS-35F- 0016T to provide telecommunication services from Windstream (PAETEC) in an amount not to exceed $38,000 for FY 2017/2018. 1. Accept the Fiscal Year 2016-2017 Budget Status Report of the General Fund and the Utilities Fund for the nine (9) month period ended June 30, 2017. J. Accept the written report to the Commission for purchases over $10,000 for the month of July 2017. K. Legal Expenses - July 2017 - Information at the request of the City Commission. No action required. L. Approve the minutes from the City Commission Budget Workshop meeting held on July 17, 2017 and regular City Commission meetings held on July 18, 2017 and August 1, 2017. Mayor Grant asked for a motion to approve. Motion Commissioner McCray moved to approve the Consent Agenda as amended. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. Approve the employee group medical, dental, life, and long term disability insurance programs for Fiscal Year 2017-2018 and authorize City Manager to execute required documents for the following policies per the renewal clauses in Request for Proposal for "Fully Insured: Group Medical, Dental, Life, and Long Term Disability Insurance" RFP No. 048-1610-14/JMA: 11 Page 199 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 (1) PROPOSED RESOLUTION NO. R17-072 - Approve and authorize City Manager to execute an agreement with CIGNA Healthcare for City's "Fully Insured Group Medical Insurance" for the plan year October 1, 2017 through September 30, 2018. (2) PROPOSED RESOLUTION NO. R17-073 - Approve and authorize City Manager to execute an agreement with CIGNA Healthcare for City's "Fully Insured Group Dental Insurance" for the plan year October 1, 2017 through September 30, 2018. (3) PROPOSED RESOLUTION NO. R17-074 - Approve and authorize City Manager to execute an agreement with The Hartford for City's "Life and Long Term Disability Insurance" for the plan year October 1, 2017 through September 30, 2018. Mayor Grant asked if these Proposed Resolutions could be done together. James Cherof, City Attorney, stated yes. Mayor Grant read each Resolution into the minutes. Commissioner McCray asked if there was an RFP done for all the Resolutions. July Oldbury, Director of Human Resources and Risk management. Indicated that this went out to bid in 2014. She was recommending exercising the City final renewal option. Commissioner McCray asked if this was the best that the City could do. Ms. Oldbury stated that was correct. Mayor Grant asked for a motion to approve. Motion Commissioner McCray moved to approve all three resolutions. Commissioner Casello seconded the motion. Vote The motion unanimously passed B. PROPOSED RESOLUTION NO. R17-075 - Authorize City Manager to sign the First amendment to the vendor services agreement with Bi112Pay, LLC of Jacksonville, FL for additional services to include printing, mailing and collections of for various City processes on an "AS-NEEDED BASIS". Estimated annual expenses for additional services are $125,000. Mayor Grant read the item into the record. Commissioner Casello asked if this request went out to bid. 12 Page 200 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 Tim Howard, Assistant City Manager, stated last year the City approved a contract with Bill2Pay as a result of an RFP for bill printing, mailing and collecting of utility bills. In the RFP the City indicated it may want to utilize the vendor for additional services. That language was not included into the executed contract. Since then the City looked at the process of renewals and printing of business tax receipts, which was a function that this company can handle. The City needs to amend the contract to put that language into the contract to allow the City to use the vendor other than for utility printing. To answer the question this was the result of an RFP, this just needs an amendment to the language. Commissioner Casello asked if the City has searched locally for vendors or contractors. Mr. Howard responded yes, as a part of the services needed. A quote was requested for a portion of the mailing of the business tax receipts. The City received quotes, and Bill2Pay was the lowest responsive bidder. Commissioner McCray asked if the $125,000 was a piggyback from an RFP that the City has already. Mr. Howard said that was correct. Commissioner McCray stated the City already was utilizing a current contract. Mayor Grant asked if the City was using the new bill to pay online for utilities. Can businesses use the same account? Mr. Howard indicated he hopes that next year this could be done, but the City needed to get the renewals out. He indicated hopefully next year it should be in place. Commissioner McCray asked whether the City was paying an extra 1% to use the credit cards or the residents. Mr. Howard indicated that the contract that was approved last year the City was able to pass along the convenience fee to the customer. He indicated if the customers use a check or cash they would not get charged. The City has always paid the convenience fee, now it was being passed on to the customer. Commissioner McCray noted that the City was paying it prior. It was being passed on to the customer. He had no idea it was being paid by the customer. He feels like he has been blind-sided. Asked what was the cost to the City per year? Mr. Howard said that he believes the cost was about $300,000 between utilities and general. Commissioner McCray indicated when the RFP was done this should have been brought in at the same time. 13 Page 201 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 Vice Mayor Katz stated that he could not say with 100% certainty, but he was fairly confident that the Commission was told about the service fee and that it would be incorporated into the cost of the utility bill. Mayor Grant stated that the City could not make money from the convenience fee by law. Commissioner McCray stated that he could not recall about the convenience fee. Mayor Grant asked for a motion to approve. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed C. Authorize the purchase of a multi-station accessible playground for Barrier Free Park in the amount of $245,799.28 from REP Services of Lake Mary, FL by utilizing Clay County RFP #13/14-8, Various Equipment and Amenities for Parks and Playground. Clay County's bid process satisfies the City of Boynton Beach's competitive bid requirements. Mayor Grant read item into the record. Mayor Grant asked for a motion to approve. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Commissioner Romelus noted she was really excited about this equipment at the Barrier Free Park. She indicated having this last piece of equipment allows for the children to play without any barriers. Vote The motion unanimously passed D. Approve the ranking as recommended by the Selection Committee and authorize the City staff to negotiate an agreement with Spillman Technologies of Salt Lake City, Utah for RFP No. 007- 2110-17/JMA for RFP for Public Safety Software. The 14 Page 202 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 agreement will be brought back to the City Commission for approval once negotiated. Mayor Grant read item into the record. Mayor Grant asked if this was for Police and Fire. Mr. Howard replied this was for the Police Department. This was for their evidence, CAD and records management system. He continued to say that there are a number of modules within the software. Mayor Grant asked if this was upgrading the software. Mr. Howard responded that there were so many pieces that it needed to be brought back to the Commission for approval. Commissioner McCray asked about who served on the selection committee. Mr. Howard gave the names of the selection committee. Theresa Bennett, Communication Dispatch Supervisor, Greg Hoggatt Deputy Chief of Operations (Fire), Vincent Maestro, Technical Services Police Officer, Cary Ann Matson, Sergeant Records, Captain Rich McNevin Intelligence & Analytics and Doug Solomon Technical Services Manager. Commissioner McCray asked how many from the Police Department Mr. Howard responded that there were four from the Police Department and one from the Fire Department. Commissioner Casello asked if funds were set aside for this software. Mr. Howard estimated in the CIP (Capital Improvement Plan) about $780,000 maybe $800,000 over the next five or six years. Mr. Howard indicated until they negotiate a price he could not say. Ms. LaVerriere responded that this was an item that was continually being deferred. The Police records management system was sorely outdated. The Commission prioritized this purchase. Ms. LaVerriere stated that this was a budgeted item. Mayor Grant noted that it was very close between two vendors. Mr. Howard replied the presentation lasted 8 hours each vendor. There was a lot of work for the group to go through. 15 Page 203 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 Mayor Grant wanted to know the reason why Spillman was chosen over the other vendor. Captain Rich McNevin, Intelligence & Analytics, indicated they evaluated 9 companies; the top three were given an opportunity to make a presentation. They needed three days of interviews. He can only speak for himself, but the other company could not answer questions that they should have been prepared to answer, for him that was a huge red flag. This was a very large project. Spillman Technologies was able to answer all the questions and was on point for everything. Mayor Grant stated that he was looking at the back up and was ready to move forward. Mayor Grant asked for a motion to approve. Motion Commissioner Romelus moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed E. Approve the Bid for "ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES" Bid # 051-1412-17/MFD to the following four (4) companies: Ferguson Enterprises, Fortiline, HD Supply Waterworks and Sunstate Meter on a primary, secondary and multiple third basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual expenditure of $110,000. The bid allows for two (2), one (1) year renewals upon vendor acceptance and determination that it would be in best interest of the City. Mayor Grant read item into the record. Mayor Grant asked for a motion to approve. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed F. Approve the Bid for "ANNUAL SUPPLY OF PIPE FITTINGS AND ACCESSORIES" Bid # 052- 1412-17/MFD to the following four (4) companies: 16 Page 204 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 Ferguson Enterprises, Fortiline, HD Supply Waterworks and SiteOne Landscapes on a primary, secondary and multiple third basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual expenditure of $180,000. The bid allows for two (2), one (1) year renewals upon vendor acceptance and determination that it would be in best interest of the City. Mayor Grant read item into the record. Mayor Grant asked for a motion to approve. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed G. Approve the piggy-back of the Palm Beach County contract (Bid #W UD 16- 001/VMG) with Aquifer Maintenance and Performance Systems, Inc. (AMPS, Inc.) of West Palm Beach, FL with the same terms, conditions, specifications and pricing. This contract will be utilized for well rehabilitation services on an AS-NEEDED BASIS, with an estimated annual expenditure of $300,000. Palm Beach County complied with Public Contract Bid requirements equal to or exceeding the City of Boynton Beach's requirements. Mayor Grant read item into the record. Commissioner McCray asked how many wells are in the City of Boynton Beach? Joseph Paterniti, Interim Utility Director, stated that the City has 29 production wells, and two aquifer storage and recovery wells. Mayor Grant asked for a motion to approve. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed H. Approve increasing Purchase Order #170417 $120,000 from $89,200 to $209,200 utilizing the St. Johns County School District vendor agreement with U.S. 17 Page 205 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 Water Services Corporation (RFP 2014-20) for water and wastewater operation and management services thru September 30, 2017. St. Johns County School District procurement process satisfies the City's competitive bid requirements. Mayor Grant read item into the record. Mayor Grant asked if the City was planning on coming back with a new contract. Mr. Howard stated that this will get the City through the present fiscal year. Then we will bring another item back later in October of the year. Mayor Grant asked if the City was planning on getting a new RFP. Mr. Howard indicated this particular bid was being piggybacked by a number of cities across the State. This contract was specific to water treatment operators to work in water plants. Commissioner McCray wanted to know if the staff was reaching out to the schools to let them know of this type of opportunity. He stated that he was informed that the City did not have enough Water Treatment operators. Colin Groff, Assistant City Manager replied that the City has an apprentice program for operators. Commissioner McCray asked if the City gave tours of the water plant. Mr. Colin added as soon as the water plant was completed, there will be a tour. Ms. LaVerriere indicated that the licenses for A, B or C Operators are very difficult tests. She said it takes more than 2000 hours hands on, then a written test. Mr. Groff noted the apprentice program takes a full year of on hands training plus the apprentice must pass a test. The City has apprentices at the plant but the state requires that we have licensed operators in order to run the plant. Commissioner McCray asked how many are training now. Mr. Groff stated he believes we have 6 positions that are in that process. He noted that the City has two successful trainees, which are now Certified Water Treatment Plant I perators. Mayor Grant asked for a motion to approve. 18 Page 206 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed 8. COMMUNITY STANDARDS and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 17-020 - FIRST READING - AMEND THE LAND DEVELOPMENT REGULATIONS, Chapter 1 , Article II. Definitions and Article V, Section 2, Workforce Housing Program, to convert the mandatory inclusionary zoning program to an incentivized program emphasizing project density and building height. Attorney Cherof read Ordinance 17-020, by title only on first reading. Andrew Mack, Director of Development, explained his Department has updated outdated data with current market data. The long term goal was to have a comprehensive review of Land Development Regulations to incentivize workforce housing. Some of the key changes were the conversion from mandatory to voluntary program. He also stated that the City was using the Downtown Transit Orient Development District (DTODD). He explained this was a density bonus incentive for workforce housing in addition to height bonus as an incentive for workforce housing. There are adjustments to set aside, the fee in lieu fee calculation; the affordability gap would be decreased. Mr. Mack showed the map of the DTODD boundaries. The area would be restricted to cultural and Boynton Beach areas, mostly mixed use. He continued to say that the amendments will create a voluntary workforce housing program. It would provide flexibility in the workforce housing program, and encourage participation through incentives. This would provide a balanced approach to obtain workforce housing units. Mayor Grant opened to Public Comments. 19 Page 207 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 Robert Lewis 350 North Federal highway, Apt. 510, indicated he was very glad that Boynton Beach recognized the importance of workforce housing. The provisions that the City had were suspended in 2011 , because of the housing bust. There was no sense in retaining all of those regulations. He was very glad that those ordinances were going to be reviewed and updated. Mr. Lewis explained that conditions have changed drastically. When we start with workforce housing again, we should start at a lower level. He does not understand when he hears the word mandatory he thinks of the opposite. Remember the developers are not going to be eager to provide workforce housing. He encouraged the City to provide the incentive and lifting the maximum density to compensate for that. He knows that in the past the City allowed for fees in lieu of; if the builder does not want to give the apartments away. They could give some money to the City of Boynton Beach. He just mentioned the whole program can be dangerous. The City was dealing with a lot of money. He wanted to know if the builder's information would be public or private. He does not know if this would be public information or confidential, after agreements are signed, with how many units are workforce housing. Mr. Mack stated that the workforce housing was being implemented during the site plan. The builders have many options. T Bey can purchase land, build units offsite as well as a fee in lieu of. To answer the question these records would be public records. Susan Oyer, 140 SE 27 Way, as a property owner on Ocean Avenue, she was concerned about the density issue. She gave copies of some emails from former Commissioner Fitzpatrick from a staff member of the MPO (Metropolitan Planning Organization). `Regarding the need for the density and the possibility of the Coastal Train station. This was why the Commission wants to build up. She was against density and height, the rest was part of the Power Point that was presented within the last couple of months to the MPO. This was looking to add height and density on Ocean Avenue. The CRA stated that there would be nothing more than 2 stories on Ocean Avenue. But with the work force housing and the City has the TODD, their needs are to have higher buildings and more density. The reason why she was speaking about the train station was because the train station was not a part of the plans at yeast for 25 years. They are not looking at a possibility for a coastal link station. There was not an urgency to create a funding source to go forward with the TODD and create the coastal link station. The cost to any City that want to have the stations are going to have to contribute. According to the email from the MPO there would be an estimated cost of $10 million per City. In order for the City to have the train station the City must pay their share of the track upgrade, the cost of $200 mill, if TODD was part of the thought process for approving or disapproving, this was something that should be considered. She asked the Commission, why are you looking at this, the City of Boynton would not have that type of money anytime soon. Especially with the City of Boynton Beach pension problem. 20 Page 208 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 Mr. Mack indicated he wanted to clarify the CRA pian that was adopted in October does call for a 35 foot maximum height on Ocean Avenue. It requires a 30-foot step back that was still in place and part of the future Cultural overlay district regulations. Ms. Oyer stated that it allows for an exemption or an allowance for the workforce housing. Mr. Mack explained there are no exemptions at this point. Ms. Oyers said at this point. He noted that the cultural district overlay regulations are being asked to be withdrawn. Ms. Oyer stated the citizens were told that there would be no more than 2 stories on Ocean Avenue. This was the historic street; this was the shining stellar portion of Boynton Beach. The last things that the City needs are big buildings. She remembers when there were houses on Ocean Avenue. She remembers her family building was the tallest on the street. Vice Mayor Katz stated that the CRA Executive Director had no authority to promise that there would be no more than 2 story buildings. On the previous Executive Director's behalf, he apologizes. Ms. Oyer said one of her concerns was to maintain the compatibility. It was up to debate. We all want some place that everyone wants to walk down. Commissioner McCray noted that the information given was mind boggling. He stated he has some concerns, especially coming from a former Commissioner that was now serving on the MPO board. Mayor Grant corrected to say that the former Commissioner serves on the Citizen Advisory Board to the MPO. Commissioner McCray asked the City Manager if she knew anything about the $10 million from Boynton Beach to the MPO. Ms. LaVerriere responded that she had not been in contact with the Palm Beach County MPO. Indicated she would inquire about the project and what stage they are on. Commissioner McCray asked Mayor Grant if he had any discussions regarding $10 million dollars and the MPO. Mayor Grant stated that this was extremely preliminary. This was just an estimate. There was no planned coastal rail station. This was just in the theory stage. Commissioner McCray noted whether it was theory or factual he was seeing $10 million dollars. 21 Page 209 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 Mayor Grant replied this was voluntary not mandatory. Indicated that he was the looking forward to having developers building workforce housing. Commissioner Casello asked about the adjustment to the duration. Also regarding the restricted covenant in the rental, was that the cycling that was spoken about. Mr. Mack noted currently the duration has been reduced from 30 to 15 years. This was to coincide with the 2 year cycle of housing; typically most people remain in their homes for 7 years. Commissioner Romelus noted she would love to see something more stringent. She stated that the City was moving in the right direction of creating housing for people that live here, not just visit. The City has a duty to its employees; give them an opportunity to live in the City. She was looking forward to the process and the inception. Commissioner McCray stated that he was in favor of the language voluntary not mandatory. Vice Mayor Katz indicated that this was a market improvement over the previous ordinance, which was restrictive and an intrusion on the free market. He stated that the previous version mandated that units must be dedicated in a private property owner's development. He hoped that the developers would work to exercise more options, if they would not just pay the fine, but to acquire land or potentially build housing. Vice Mayor Katz noted he liked the idea the developer could choose to use that money not just give the money to use. The City does not want to become the government that was building homes. He likes the flexibility. Commissioner Casello inquired what happened if the developers opt to buy out. Mr. Mack said that the City has a housing trust fund. The money would be deposited into that fund. The Commission, at some point would utilize the money to use for workforce housing. Commissioner Casello asked if the money could only be used for that purpose. Mr. Mack replied yes, this was like an enterprise fund. Commissioner Romelus wanted clarification regarding that statement; could the funds only be used for workforce and not affordable. Mr. Mack indicated the affordable was part of workforce housing. Commissioner Romelus asked could the community trust funds be used for workforce housing only? Could the funds be used for affordable housing? Mr. Mack noted it would be used primarily for workforce housing. The majority was to be used for workforce housing. Mr Mack stated that 25% could be used towards affordable housing Mayor Grant asked for a motion to approve. 22 Page 210 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 Motion Commissioner Casello moved to approve. Commissioner Romelus seconded the motion. Vote City Clerk, Pyle called the roll. Vote 5-0 The motion unanimously passed B. PROPOSED ORDINANCE NO. 17-021 - FIRST READING - Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU-3 Mixed Use 3 zoning district. City-initiated. PROPOSED ORDINANCE NO. 17-022 - FIRST READING - Amending Ordinance 02-013 to Rezone a Parcel of Land Described Herein and Commonly Referred to as Town Square From Public Usage (Pu); Recreation (Rec) And Multifamily (R-3) to Mixed Use 3 (Mu-3) Attorney Cherof read Ordinance 17-021 and 17-022, by title only on first reading. Mayor Grant explained the reason the City was amending the Land Use map was because there was a 90 day requirement, by the Department of Economic Development to review the documentation. Attorney Cherof stated that was correct. Mike Rumpf, Planning and Zoning Director, indicated the application consists of the amendment of the future land use map as well as rezoning. Staff was proposing to amend what was on the map now, which consists of the PPGI land use as well as high density residential land use classification. Staff was proposing to reclassify them to mix use medium land use classification. Mr. Rumpf said they would rezone the property. The existing zoning on the four block area, which was approximately 16 acres, consists of public uses (PU) recreation and R3 multifamily. The application was to rezone the property or project area to Mix Use 3. Both the land use and the rezoning are connection with other items that are going through the process now. Mr. Rumpf stated that these items were supported by the strategic plan; this was from the CRA plan future Land Use of Mixed Use Medium requested for Town Square. This was the same land use pattern which was consistent with the surrounding areas. The next was the City initiated item, to promote redevelopment support land assembly. This allow the City to eliminate uncertainty. The Mayor confirmed this being more than 23 Page 211 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 10 acres; this application requires review by the State Land Planning Agency. Mr. Rumpf stated that staff anticipated that Master plan was being prepared by the developers. Mayor Grant asked would the Commission have the Master Plan before the second reading. Mr. Rumpf stated that he was hopeful the Master Plan would be completed. Mayor Grant asked if the meeting on August 21St, would the Commission have a better idea what would be on the Master Plan. Colin Groff Assistant City Manager responded on August 21, staff would be going over the preliminary of the Master Plan. The Plan was to dovetail on what Planning and Zoning was doing. Staff was trying to do everything in order so that the Commission can make an informed decision. Mayor Grant Indicated the City can deed restrict historic structures. Mr. Rumpf stated there are various tools that can be used to make sure those structures are preserved. Commissioner McCray asked to hear from the public. Mayor Grant opened to the Public David Katz 67 Midwood Lane, Chair of the Planning and Zoning Board, stated that this was voted down 5-2. He said the Planning and Development Department has taken the Library, the High School, the School House Museum and Kids Kingdom and rolled it into one big rectangle. His concern was that someday they could be torn down, and then a new building could go up in their place. Something needs to be done to make sure that would not happen. Also, there are a set of condos, which was being included in the rectangle. One person owns 4 units; the City was giving the apartment owner a big check. The units are presently zoned for 11 or twelve units per acre, now it would increase to 50 units per acre. It would cost the developer to acquire that property, or to the CRA. His option was to carve out that parcels to see whether not it would come back into the project later. Commissioner Casello said he did not understand the fear of knocking down the Old School. Mr. Katz said that was a concern because they were going to be included in that zoning district. Commissioner Casello indicated the City was putting $10 million into the Old School House. Mr. Katz responded he was not saying that this would happen, but this needs to be protected. Commissioner Casello asked would that land increase in value becaue of the Town Square Center. Mr. Katz said that was what was being objected to the way in which this was presented. Mayor Grant stated regarding the historic building, the Commission would make sure whatever was there was deed restricted. 24 i Page 212 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 Cindy Falco-DiCarrdo, 316 NW 1St Avenue, stated her home was in the district, asked if she needed to have her home deed restricted if she gets it as a historical site. Mr. Rumpf stated she did not need to have her home deed restricted. Vice Mayor Katz responded to say even if the City placed some type of restrictive covenant, some future Commission could change that at their leisure. Mr. Mack replied the property would continue to be City property. He confirmed that the deed restrictions could be lifted at a future Commission meeting. Mr. Mack stated that doing this would need to include the public comment process. Vice Mayor Katz said with that being the case, he does not know the life span of the building. He has a hard time attempting to bind a future Commission. Given the investment that the Commission is putting in the Old School House, he has a hard time believing that a future Commission would tear down a building that was being utilized. He continued to say. He understands the sentiment in trying to restrict the building, but the Commission cannot control whether any future Commission would knock down the building. Commissioner McCray read P & D board minutes into the record. Asked Mr. Mack if he was a Planner. Mr. Mack stated that he was an engineer and a licensed contractor. Commissioner McCray stated that he could not vote in good faith vote for this item. Vice Mayor Katz said the condos are not currently City owned. He continued to say, to deny the current owner the right to make money was not fair. A future developer could purchase the property and get a future Commission to change the zoning. The alternative would be to exclude the property. Vice Mayor Katz asked why not let the current owner reap the benefits. To get the value added on afterwards does not make any sense. Vice Mayor Katz stated someone will reap the benefits, why not the current owner. Mayor Grant stated that he does not know what future Commissions would do. All those areas could be rezoned. Commissioner Romelus requested Mr. Mack to give the reason why the City needs to rezone the area. Mr. Mack stated that with this was the City initiative, when dealing with developments the City needs to deal with certainty. We need to get this done now. It needs to go to the State and then back to the City. Commissioner Romelus stated the Commission and the CRA has approved millions of dollars for the Town Square project. She said the City has gotten so close. She continued saying being the representative for District 3; she does not want this 25 Page 213 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 opportunity to pass the City. She believes that this was the right opportunity to move forward. She was not in favor of stalling the projects. Commissioner Casello, asked Mr. Mack how critical was this ordinance in tying into the Town Square project. Mr. Mack stated this was step two. This was a very critical step. Commissioner Casello asked if this ordinance failed tonight, would it have a major affect on the project. Mr. Mack answered it would. The City could not move forward. Mayor Grant asked for a roll call Motion Vice Mayor Katz moved to approve PROPOSED ORDINANCE NO. 17-021 . Seconded by Commissioner Casello. City Clerk Pyle called the roll. Vote 4-1 (Commissioner McCray dissenting) Motion Commissioner Casello moved to approve PROPOSED ORDINANCE NO. 17-022 Seconded by Vice Mayor Katz City Clerk Pyle called the roll. Vote 4-1 (Commissioner McCray dissenting) Mayor Grant opened to public comments. No one came forward. C. 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) (Staff recommends removing from the agenda and to be brought back at a later date) Mayor Grant asked for a motion to remove from the table. Motion Commissioner Romelus moved to remove from agenda. Seconded by Commissioner Casello. 26 Page 214 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 Vote The motion unanimously passed. Mr. Mack stated staff was asking that this be withdrawn to incorporate the input from the public meetings being conducted. Also to make sure the architectural styles are incorporated. Mayor Grant indicated he was looking forward to the video. D. 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 8/15/97) (Staff recommends removing item from the agenda and to be brought back at a later date) Motion Commissioner Romelus moved to remove from agenda. Seconded by Commissioner Casello. Vote The motion unanimously passed. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Approve the release of the following land parcel to Habitat for Humanity of South Palm Beach as requested by the CRA: 117 W Martin Luther King Jr Blvd - PCN 08- 43-45-21-25-001-0170 (Heard previously before consent agenda) B. Approve the release of land parcel owned by the CRA to South Florida Marine in accordance with the approval at the CRA Board meeting on April 11, 2017. Mayor asked for a motion. Motion Vice Mayor Katz moved to approve. Seconded by Commissioner Romelus 27 Page 215 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 Vote The motion unanimously passed. C. Approve a $1,000 donation to the Home Safe/Healthy Beginnings Program from Commissioner Romelus' Community Support Funds. (Heard previously before consent agenda) D. PROPOSED RESOLUTION NO. R17-076 - Authorize the City Manager to implement Procedures for Local Business Preference by Administrative Policy Manual (APM) No. 10.14.01 . Mayor Grant read Proposed Resolution No. R17-076 by title only into the record. Commissioner McCray asked for an update Tim Howard Assistant City Manager, replied that this was an administrative policy to provide local businesses with preference. Mayor Grant asked for a presentation. Mr. Howard stated this was a policy to give a preference for City vendors, to give a preference to local vendors on bids or RFP's. The policy would award the local business based on the preference, if the price was within 5% of 5,000 of the lowest bidder, the local business would be awarded the contract. Commissioner Romelus, said as a general consensus this ordinance was a win for the local community and for small and local businesses in Boynton Beach. This was a huge draw; this was a huge draw for the City giving preference to our local businesses. This policy allows preference to local businesses They in turn would invest in Boynton Beach. The businesses must be certified and registered within the City of Boynton Beach. Ms. LaVerriere explained this was part of the building wealth in the community program. This was part of the strategic plan, tying to provide opportunity to the local vendors. Ms. LaVerriere said training would be provided to local vendors. This was step one of things to come. Commissioner McCray stated that this could have been avoided. Thank you Commissioner Romelus for the clarification. He needed answers for those that are sitting in the audience. Vice Mayor Katz noted that he appreciated staff creating an opportunity for local vendors. He also liked the idea of offering the opportunity for local businesses that was 28 Page 216 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 not cost prohibitive to the City. He believes that the 5% range was fair. He appreciates the moderation and equilibration in crafting this policy Mayor Grant stated his concern was for October 2018, to see about the measurables. Mr. Howard explained that different cities have different qualification for a local business. Using the business tax receipts would allow staff to gather data from our vendor files. Mayor Grant asked for a motion. Motion Commissioner Romelus moved to approve. Seconded by Commissioner Casello Vote The motion unanimously passed. E. PROPOSED RESOLUTION NO. R17-077 — Approved resolution supporting adequate funding of the Low Income Home energy Assistance Program (LIHEAP) and urge the Appropriations Committee of the United States Senate and House of Representatives to both fully follow LIHEAP's enabling law when determining all future appropriations, and to restore LIHEAP funding to its historic levels. Mayor Grant read Proposed Resolution No. R17-077, by title only into the record. Mr. Grant stated that he received this information from FPL Account Manager. There was a federal program that awards money to states based on size. Most of the time this goes to the northern states. The City was requesting the State, Senate and the House of Representatives to follow LIHEAP's laws, and to award money according to population. Mayor Grant asked for a motion. Motion Commissioner Romelus moved to approve. Seconded by Commissioner Casello Vote The motion unanimously passed 13. LEGAL - None 29 Page 217 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 14. FUTURE AGENDA ITEMS A. Commissioner Romelus has requested discussion on issues relating to Power by the Hour- September 7, 2017. B. City Commission's ratification of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2017-2018 — September 19, 2017 C. Discussion relating to 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, eligibility rules and qualification of members for all boards- TBD. E. Staff to bring information concerning disposing of City-owned land - TBD F. Staff to review and report concerning Florida Textile Recycling, LLC. FTR, LLC which proves automated clothing recycling as a non-profit corporation and provides funding to agencies for other non-profit uses -TBD G. Staff to research possibility of allowing dogs at the beach during certain hours and bring back to Commission - TBD. H. Commissioner Casello requested discussion concerning registered lobbyists and their participation on City advisory boards - TBD 15. ADJOURNMENT Motion Commissioner McCray moved to adjourn. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 8:36 p.m. (Continued on next page) 30 Page 218 of 544 Meeting Minutes City Commission Boynton Beach, Florida August 15, 2017 CITY OF BOYNTON BEACH Mayor- Steven B. Grant Vice Mayor- Justin Katz Commissioner— Mack McCray Commissioner- Christina Romelus Commissioner- Joe Casello ATTEST Judith A. Pyle, CMC City Clerk ueenester Nieves Deputy City Clerk 31 Page 219 of 544 MINUTES OF THE PUBLIC INPUT MEETING ON THE TOWN SQUARE - ARCHITECTURAL STYLES HELD ON THURSDAY, AUGUST 17, 2017, AT 5:30 PM, AT THE BOYNTON BEACH CITY LIBRARY, PROGRAM ROOM 208 S. SEACREST BOULEVARD, BOYNTON BEACH, FLORIDA Colin Groff, Assistant City Manager, welcomed all to the public input meeting and explained the City has been planning on developing this area for 20 years. Most buildings are 50 years old or more and it is time to replace them. The effort is a redevelopment project to create a vibrant downtown area for all to enjoy. There will be government buildings, and the Old High School will be restored and repurposed to a new civic building. The Police Station will be relocated to Gateway and High Ridge Road next to Fire Station No. 5. The third part of the project is a new city complex in the downtown area including a new City Hall and refurbished Library, bringing the Library into the 216' Century as an information/technology art center for residents and patrons to interact, learn and enjoy what Boynton Beach has to offer. A couple of parking garages will be constructed. Also included in the 16-acre redevelopment will be parks, green spaces, an amphitheater, place for events, an active family area green space and refurbished area for kids to play in. The remaining land will be for private development. Mr. Groff explained the project will be funded by the money from new private development. The City partnered with a private developer to fund the City infrastructure without impacting residential taxes. The purpose of the meeting is to receive input on architectural styles in the downtown area. He introduced Wayne Dunkelberger, Baker Barrios Inc., Creative Director and the lead architect who would facilitate the meeting and his colleague "Cory." Mr. Groff announced the meeting was an interactive presentation and all should participate. Mr. Dunkelberger explained he will show images of different building styles to gauge the public's reaction, thereby providing him with direction of what style to design the buildings. He reviewed pictures of the Old High School and Schoolhouse Children's Museum which are the City's legacy sites and important features in the project. He advised the Old High School will be refurbished and both sites will be cleaned up. He pointed out the civic and public buildings in America have certain styles, which historically were Neoclassic, Mediterranean and Coastal styles. The three styles under consideration are some of the styles they have seen throughout Florida and in Boynton Beach. They wanted to present what they think would be appropriate for the current master plan. He first presented images of other city halls such as a converted historic, neoclassical high school in Key West. He advised this type of building has been around for years and in many people spaces. The traditional neoclassical is seen in many civic buildings and art museums. There are also deco and contemporary versions of neoclassical style Page 220 of 544 Meeting Minutes Town Square Public Input - Architectural Styles Boynton Beach, Florida August 17, 2017 as well as a Mediterranean style. He commented it was hard to pick a Mizner building, but he presented a simplified Mediterranean style and pointed out they also have contemporary styles. The contemporary styles have the same forms, formats, textures and materials, but the building is retold in a modern sense. Coastal is another great style which ties back to Boynton Beach and many parts of Florida which feature porches, tin roofs and setbacks. The seaside version has a colonial influence. There is a coastal Florida style and a modern contemporary style which takes the forms of the classic Coastal style. Mr. Dunkleberger explained he would go back to the slides and take input on what they want. Susan Oyer, 140 SE 27th Way, did not favor neoclassical and thought slightly updated Mizner or "Mediterraneanesque" buildings may be appropriate. Moving further east could be Coastal. She noted the two schools are not Mizner buildings, but are Mediterraneanesque. She thought if there would be governmental buildings in the general vicinity, the design should be cohesive. She advised Mizner designed City Hall and she advocated for using the Mizner design as the foyer into the new City Hall, and then building up in a similar theme. If done, the City could say they have a Mizner City Hall. A man agreed with Ms. Oyer's comments. He thought architects need to be challenged to work within those parameters and be careful not to become like the Boynton Beach west of 95. He did not want to lose the City's identity and observed there are many mid- century modern buildings in the City that are original. If he had to mix two styles, it would be either mid-Century modern including the art deco aspects in the Old High School. Mr. Dunkleberger announced Commissioner Casello was present. Ms. Falco-Dicorrado advised she has a Mizner home and recently returned home from Georgia. She thought seeing vintage, old-world type buildings makes one want to relax and reflect, and gives a sense of family as it feels like home. She thought some Mediterranean feels like home. Mr. Dunkelberger explained when Mizner, created the term Mediterranean, he envisioned Mediterranean for this area. One woman pointed out the City is not Boca Raton and Boynton Beach does not need to have the same architecture. The City is a coastal town that started as a fishing town. She thought Mediterranean was hodge-podge and Boynton Beach needed more clarity. A mix of Mediterranean roof with a coastal feel may work. Neoclassical had nothing to do with the City and mid-century blends well with the coastal. 2 Page 221 of 544 Meeting Minutes Town Square Public Input - Architectural Styles Boynton Beach, Florida August 17, 2017 Ron Silvario agreed with the prior speaker. Renovations have already started and he requested the designers keep new technology, materials and energy in mind. He noted Galaxy Elementary School was totally green. He strongly urged staying with the coastal feel because it blends into the neighboring buildings and technology is entering a new era. He endorsed green buildings. Mr. Groff explained they are trying to build as much green into the buildings as possible and staff was excited about including solar and energy savings features as part of the project. Barbara Ready thought if sacrificing density on Ocean Avenue, the Coastal style should be used. It is warm, inviting and reminiscent of other vacation cities where visitors can hang out and hear the music from the amphitheater from the street. She thought a blend of Mediterranean and Coastal should be used. Debby Lytle liked Coastal and thought Mediterranean and Mizner is classic but it is dated. She thought the City could push the boundaries and develop a coastal feel. She noted the City's branding is Breeze into Boynton. Brenda Williams, 337 NE 24th Avenue, asked for the geographical boundaries of the 16 acres and learned the north boundary was Boynton Beach Boulevard south to is SE 2"d Avenue. The west boundary was Seacrest Boulevard. The east boundary was SE 1St Street. She asked about Ocean Avenue going down to the railroad and learned it is part of the overall downtown development, but from the Schoolhouse Children's Museum going east down to Federal Highway was not part of the Town Square project. It was part of an Overlay District and the CRA Master Plan which also has that type of architecture. Ms. Williams asked about the relocation of the Police Department to Gateway Boulevard and commented traffic is horrendous. She thought it was a hazardous location and asked if there would be an overpass for emergency vehicles because cars block three lanes there. She asked about a parking garage off the back of the Town Square project and private developers which she tried to visualize. Mr. Groff explained staff was trying to obtain feedback so they could design it and that was the purpose of the meeting. A Special City Commission meeting will be held on August 21St to provide the Commission with an update. Staff hoped to have a conceptual site plan ready by then. The Civic Center uses will move to the Old High School and its architectural style will remain because the City was trying to restore it. A woman asked if the fire station would be eliminated or replaced and learned it would be relocated and replaced with a new fire station. Dr. Stephanie Haden asked where the major services the public uses would be housed during the next five years of construction and learned the plans are not yet in place. It 3 Page 222 of 544 Meeting Minutes Town Square Public Input - Architectural Styles Boynton Beach, Florida August 17, 2017 was explained the City's portion of the renovations is scheduled to be completed in 18 months and the City is using the aggressive schedule so they do not have to shut services down. The City will not close anything. They will offer services by constructing the new building first, moving the services there and then closing the old buildings. There may be a two to three month period when Fire Station No. 1 will report out of Fire Station No. 5. Dr. Hayden commented she came in late and only saw the Coastal styled buildings. Mr. Dunkelberger showed Dr. Hayden the various building styles. He explained part of his job is to take the input received and develop an architectural form for the City Hall and Library. Dr. Hayden asked which style is more economical. Mr. Dunkelberger responded each was the same depending on how detail is added. They receive a budget from the City or contractor and they design to any style within that budget. Mike Fitzpatrick was concerned about maximizing solar power and commented the buildings need a flat roof. He liked neoclassical noting the building would need a five- foot parapet or a mansard on a Mediterranean with a five-foot well, so when panels are installed, they are protected. The next time there is a hurricane the winds will pass over and there will not be so much debris. A man thought the building at Intracoastal Park was one of the best looking buildings in the area and it would fit with the development. He also favored keeping with the color scheme of the Library, nice and bright. One woman felt we are in the 21St century and thought the buildings should be modern and tasteful. She thought the City could have quaint shops and still be modern contemporary and unique. Boynton Beach is not Delray or Boca, and the City should stand out as unique. Kim Weiss explained the City has a burgeoning arts community and a lot of plans which should be reflected in the architecture. She likes eclectic, but thought it could not hurt to stretch their comfort zone to interject an artistic look as there is a lot going on with the sophistication level of this town. Mr. Dunkelberger explained art will be incorporated. Ginny Foot liked shade trees, impact glass, hurricane preparedness and more shade. A woman thought the design should maximize the land use because she has seen a one-story school built and then the school is outgrown. She asked if the City considered the life expectancy of the new buildings and if they would maximize space and build up. She also asked if there was a height limit. Mr. Groff explained the City planned for a 60 year time plan for growth. Technology will also grow and will help reduce the need for space. Judy Cloutier noted Boca followed a trend with Mizner that became dated. 4 Page 223 of 544 Meeting Minutes Town Square Public Input - Architectural Styles Boynton Beach, Florida August 17, 2017 Yvonne Skovron asked what style the CRA projects along Ocean Avenue and east would be. Mr. Groff explained there is CRA Master Plan and Cultural District guidelines that have to be followed. There is a private development project in for review between the railroad tracks and SE 3rd Street that follows those guidelines, but they do not want the exact same architecture. It should be complementary to what will be constructed in the City's portion and they will help work on architectural guidelines throughout Ocean Avenue. She understood the Old High School will be renovated and the style would remain. She agreed the City needs its own identity and would like to see a combination of Coastal and Mediterranean as modern, but not Mediterranean because of the school. She likes to see things that standout which keeps it unique. Dr. Hayden liked Mediterranean or contemporary and suggested incorporating sustainability and greening into the architecture instead of plaster as that is where they are heading. Jeanne Heavilin commented Boynton Beach has been grappling with its identity with nautical and the marina. She thought it was time to sharpen the identity. She liked contemporary, but thought something to tie in with the Coastal and modern theme with shade was appropriate A man asked how large the buildings would be. Mr. Groff replied large was a relative term. He was aware 50,000 square feet would be needed for the City Hall. The Library would need about 50,000 square feet, and the new Civic Center in the Old High School would be about 28,000 square feet. He did not know about the private buildings. As plans develop, the information will be available and can be viewed. The man commented he saw sketches of five and six-storied buildings a few years ago. Mr. Groff explained there will be some height as density is needed, but not all the buildings will be tall. He hoped to have a better idea by Monday. They want to build something that will last for 60 to 70 years and staff is really thinking about the future and replacement. He pointed out when constructing a new building, they cannot use part of the old building and it was possible the entire Library may be replaced. Mr. Fitzpatrick referenced the Engineering East building at FAU, which is LEED platinum noting it still looks good and it has light shelves. Mr. Dunkelberger explained light shelves can be in any style, but it is a contemporary element to any design. Mr. Fitzpatrick thought those were the kinds of features to include for energy usage. Ms. Ready asked about color as many people like cool, ocean colors and agreed with Jeanne Heavilin. She would like to see blues and greens and whites which could also help with sustainability. She was not in favor of orange and terra cotta colors. Ms. Lytle noted the public was discussing one block with the Library and Civic Center. She commented the developers can do what they want with the private sector. Mr. Groff explained staff was seeking to come up with architectural styles that will be used for the 5 Page 224 of 544 Meeting Minutes Town Square Public Input - Architectural Styles Boynton Beach, Florida August 17, 2017 used for the entire project and by private developments as there will be guidelines the developer will have to follow. The project is being paid for through private development as a public/private partnership so the City would not have to raise taxes. There are controls. The private developer is working with the City and is part of the development team. Tim Dalheim, 114 W. Ocean Avenue, commented regardless of the styles, he has concerns about lighting that affects the neighborhood, the setbacks and variances including height changes that will accompany the project. He wanted to know about buffering and how the parking lot will be buffered. He noted he has an unobstructed view of the moon and stars at night and wondered how the area will be lit. He asked if music from the amphitheater, Pirate Fest and other events will end at a certain time or be accelerated as it may be an issue for the surrounding neighbors. He commented there may be more bars or night clubs and they may have patios and live music. There is a big neighborhood around the six blocks. Mr. Groff responded the architects will work with the civil engineers because lighting and buffering are critical. He explained there are no nightclubs planned for the Town Square central area, but when there are events in the Town Square there may be some noise and the project is being designed so a lot of the noise is blocked by buildings. Sites are designed so noise cannot be heard inside the home. The City will consider all those issues and will do their best to protect the neighborhood. It was his experience in other parts of the country, that these projects help neighborhoods grow and become better neighborhoods. One woman liked Mediterranean contemporary and liked the building which was from a Town Square in California. It looked open, friendly and she liked the colors. Ramona Young agreed with the comment about the colors, as people stay calmer with light, soft colors and the Mediterranean contemporary should be within the parameters. She had seen buildings in Alexandria and Havana with open space where people gather and thought it was something to consider. It was definitely contemporary. Ron Silverio asked about the name of the project and learned it is currently called the Town Square, Boynton Beach. Dr. Hayden liked the color "moccasin" which was a faded hue of yellow, pale turquoise and the color honeydew. Michael Wilson liked the Mediterranean and Coastal styles and thought the contemporary and modern blends both. His main concern was most condo projects have used bold color schemes with reds and oranges, which he did not like. The area by Ocean and Federal Highway used orange and gray. Some of those projects have new owners and they are changing them to cooler coastal colors which he favored. Boynton also has also built to the curb and there is no setback on arterial or side 6 Page 225 of 544 Meeting Minutes Town Square Public Input - Architectural Styles Boynton Beach, Florida August 17, 2017 streets. With condominiums, they have no place to relax. He suggested there be open areas. He was aware there would be green areas and concert areas by City Hall, but he thought a plaza and/or fountain areas were needed. He thought downtown is where people congregate and tables can be set up where people can come and enjoy coming to Boynton and having some conversations. He thought developers do not like to design open areas, but more were needed. Mr. Dunkelberger explained part of the site pian is the open public realm which is a key feature of the plan. He thought Mr. Wilson would be happy with the plan. John Trach commented every great city with great walkability has wide boulevards, pedestrian areas, setbacks and shade trees. He referenced Delray Beach east of Swinton which has wide sidewalks, additional space to be able to sit and street-side parking. He noted Las Ventanas has no street-side parking and all retail is directly on the street. While there is a parking garage, Sweetwater patrons do not like to sit next to a busy street. He liked the Mediterranean contemporary style. It has six stories, but has tiers. Mr. Dunkelberger explained both the Coastal and Mediterranean styles have the step-back style. Mr. Groff invited all to attend the City Commission meeting on Monday night as the plan should be ready. The meeting, which will update the Commissioners, will be in the Library Program Room from 6 p.m. to 8 p.m. The meeting will not be for public input, but it is open to the public. The architect will also review the site plan at the meeting. Ms. Foot understood the Police Department would be on Gateway and asked if there are plans for satellite police offices in the City. Mr. Groff explained the police currently use zone reporting. One satellite station is in Renaissance Commons and another on MLK and then one on Gateway. The Police Department is cramped for space. The High Ridge location is the public safety complex. Ms. Young complimented staff for the signs posted around the City and west of the City about the meeting. A request was made to have a sign language interpreter present. Mr. Groff advised these types of projects cannot take place without public input and the City is always willing to get input even by email. Ms. Oyer summarized her prior comments and requested recognizing the new City buildings should be sympathetic to historic buildings. Mizner buildings can look dated and she suggested other buildings have flat roofs instead of barrel tile roofs. New buildings could be Mediterranean or contemporary Mediterraneanesque. Her family was one of the first families in Boynton Beach and her grandfather constructed many of the buildings in a Mediterraneanesque style. She liked having a front building attached to the new City Hall with a Mizner design so the City could say they are the only City in 7 Page 226 of 544 Meeting Minutes Town Square Public Input - Architectural Styles Boynton Beach, Florida August 17, 2017 Florida to have two public access Mizner buildings. She agreed pretty ocean colors are needed. All the houses were white when she was growing up which reflected the light and she would love to see white reflective roofs and as many sustainable features as possible. She agreed pretty trees, such as Crepe Myrtle that Lake Worth and other cities planted, should be used and shade trees are needed along the sidewalk. She thought the City should go green as much as possible. Ms. Oyer was aware they want to put very tall buildings on Ocean Avenue and commented many residents do not want tall buildings. The CRA indicated a six to eight- story workforce housing building is planned for 20 feet away from the Schoolhouse Children's Museum. She wanted no more than two stories on Ocean Avenue and thought there needs to be a step back. The stair stepping looks nice, but it needs to be on Boynton Beach Boulevard as no one would oppose it there, but they would on Ocean Avenue. Ms. Oyer indicated she would send a photo of a parking garage with rainbow window panels that can serve as an art feature and it would give surrounding property owners something pretty to look at. Ms. Oyer agreed with Mr. Fitzpatrick's comments about the LEED certification and solar energy but pointed out LED lights keep people from sleeping so they should use what is healthiest for everyone. The City lost a mid-century building when they redesigned the post office and the only one left is the Civic Center. She thought, if changing styles, since a lot of people like the Coastal style, they use a bridge between Coastal and Mediterranean style as the development shifts further east. Mr. Dunkelberger commented it may be possible. She suggested viewing the tourist streets in Frankenmuth, Michigan and Pigeon Forge and reminded all the statute requires 2.5 acres of green space for every 1,000 people, so workforce housing by the Schoolhouse Children's Museum may not work. Ms. Lytle explained she visits other towns for festivals and events and Boynton Beach needs the open space. The more people that are brought to Boynton Beach, the more open space they need. Mr. Dunkelberger explained they have been working with programmable outdoor space and he thought she would be pleased with the site plan. She supported painting buildings on Woolbright and Federal white and gray because the brown is very dark. Make them white and gray will give extra energy. Candy Brugerman 713 SE 4st Street, commented there is a need for sidewalks on SE 1St Street. Mr. Groff explained all the streets within the project have to be rebuilt including 1St Street and they will be made walkable streets. She liked the Mediterranean flowing into Coastal. Mr. Groff summarized the general opinion of architectural styles was more modern Mediterranean with a Coastal influence as a style, but not every building exactly the same. The attendees agreed by a show of hands. He advised the City received great input on the site plan which is still being worked on. The City has a great team working on the project and one of the best architects in the state. He was excited about hearing 8 Page 227 of 544 Meeting Minutes Town Square Public Input - Architectural Styles Boynton Beach, Florida August 17, 2017 the input. Mr. Dunkelberger summarized the color choices were to move away from darker colors and lighter sea and ocean colors and heard about sustainable projects. Ms. South announced one more meeting next week about Art in Public Places and next Tuesday is a community job fair. It is an all-day event with two different sessions. She commented last week's meeting was on YouTube, www.boynton-beach.org. It is on social media, Facebook, Instagram and Twitter, # Town Square Boynton Beach. Mr. Dunkelberger announced he will be present on Monday night to provide more input on the site plan and he closed the meeting at 7:02 p.m. Catherine Cherry Minutes Specialist 9 Page 228 of 544 7.A. BIDS AND PURCHASES OVER$100,000 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: Approve the purchase of Water Meters and Equipment with Sensus Metering Systems as a Sole Source vendor for the maintenance and replacement of water equipment for the City's Utility Metering System. The City is currently using Sensus's Flex Net System. Items will be ordered on an "as needed" basis for the estimated annual expenditure of$175,000. EXPLANATION OF REQUEST: Time Period: October 1, 2017 - September 30, 2018 The City utilizes Sensus's Flex Net System for meter reading to accurately determine the customer's water consumption for proper billing. The items purchased will be for new meters and their components to add to the system, as well as any replacements that may be needed. Sensus provides a quote which locks their prices for a period of time. The current quote expires January 31, 2018. We will receive another quote once this one expires. This will be a yearly request which will be presented to Commission at the beginning of each fiscal year. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of this purchase is to secure a source of supply for the equipment of the Sensus's Flex Net Meter Reading System. The equipment will be ordered on an "as needed" basis and stocked within the City's Warehouse. FISCAL IMPACT: Budgeted Funds are budgeted and available for account 502-0000-141-0100 for the estimated amount of$175,000. FY 14/15 expenditures were $174,489.96 FY 15/16 expenditures were $94,306.26 FY 16/17 expenditures to date are $139,099.27 ALTERNATIVES: To utilize another water metering system with a different manufacturer. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 229 of 544 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Sole Source Letter D Addendum Sensus Quote Page 230 of 544 sEnsus a xylem brand August 17, 2017 City of Boynton Beach, FL To Whom It May Concern: Please be advised that Sensus, USA is the sole manufacturer and provider of Sensus' products including Water Meters, Meter Reading Systems, Testing Equipment, Software, System Support Programs and Repair Parts. Thank you for your business, and we look forward to continuing to provide you with quality Sensus Products and superior customer service. Please feel free to contact me at andrea.davisCcr}_xyleminc.com regarding this or any other matter. Sincerely, L�/Y c�sLcv 7V1 CLLR Andrea Davis Sensus, USA Director, Channel Marketing Andrea Davis Director,Channel Marketing 8601 Six Forks Road,Suite 700 Raleigh,NC 27615 USA T:919.424,8995 and rea.davis@xyleminc.com sensus.com Page 231 of 544 Page 1 12-1.1§91MM 450 North Gallatin Avenue 1-800-Meterll monsm P.O. Box 487 1-800-638-3748 QUOTATION Uniontown,PA 15221 USA www.sensus.com Your Quote Number: 28286 Reference: SEACOAST 5Ensus Bill to Customer: 084060 Ship to Customer: ATTENTION WANEYA B. & DRAVIOUS R. BOYNTON BEACH CITY OF BOYNTON BEACH CITY OF PURCHASING DEPARTMENT PO BOX 310 PO BOX 310 PURCHASING DEPARTMENT BOYNTON BEACH FL 33425-0310 USA BOYNTON BEACH FL 33425-0310 Salesman: HERRON BROCK Effective Date: 2/02/17 Terms : NET 30 DAYS Expiration Date: 1/31/18 US Dollar Line Description Quantity U/M Unit Price 1 Part# : I5S1GDXX 1 EA 109 .270 METER 5/8 X 3/4" IPERL 10 GALLON, 6 WHEEL 3A W/6 ' 2 WIRE TRPL CABLE SMART MODE W/7-1/2" LL 2 Part# : I2S1GDXX 1 EA 109 .380 METER 3/4"S IPERL 10 GALLON, 6 WHEEL 3A W/6 ' 2 WIRE TRPL CABLE SMART MODE W/7 . 5" LL 3 Part# : I4S1GDXX 1 EA 154 . 550 METER 1" IPERL 10 GALLON, 6 WHEEL 3A W/6 ' 2 WIRE TRPL CABLE SMART MODE 4 Part# : 5396353752201MI 1 EA 140 .420 M520M TRANSCEIVER UNIT PIT SET, SINGLE PORT TOUCHCOUPLER, LEAK DETECTION, HOURLY READ & INTERVAL DATA 5 Part# : 5396353752203MI 1 EA 143 .220 M520M TRANSCEIVER UNIT PIT SET, DUAL PORT TOUCHCOUPLER, LEAK DETECTION HOURLY READ & INTERVAL DATA This Quotalion is an offer to sell which includes and is subject to the 3ensus Metering Systems Terns of Sale available for viewing and downloading at hltp;lr4YAW.Sei1SLI5.CUlllltc Please contact Customer Service at 1-800-638-3748 if you are unable to access this site and require a printed copy of the Terms of Sale. Page 232 of 544 Page 2 12-1.1§91MM 450 North Gallatin Avenue 1-800-Meterll monsm P.O. Box 487 1-800-638-3748 Uniontown,PA 15221 USA www.sensus.com your Quote Number: 28286 5 E n su s US Dollar Line Description Quantity U/M Unit Price 6 Part# : C1 1 EA 1, 048 . 170 METER 1-1/2" OMNI C2 COMPOUND 7 Part# : C2 1 EA 1, 209 .430 METER 2" OMNI C2 COMPOUND 8 Part# : C3 1 EA 1, 531 . 940 METER 3" OMNI C2 COMPOUND 9 Part# : C4 1 EA 2, 660 . 740 METER 4" OMNI C2 COMPOUND 10 Part# : C6 1 EA 4, 595 . 820 METER 6" OMNI C2 COMPOUND 11 Part# : T1 1 EA 717 .300 METER 1-1/2" OMNI T2 TURBO 12 Part# : T2 1 EA 850 . 850 METER 2" OMNI T2 TURBO 13 Part# : T3 1 EA 1, 060 .250 METER 3" OMNI T2 TURBO 14 Part# : T4 1 EA 2, 064 . 160 METER 4" OMNI T2 TURBO 15 Part# : T6 1 EA 3, 716 . 170 METER 6" OMNI T2 TURBO 16 Part# : T61RTXXGlAAXX 1 EA 4, 002 . 580 MTR 6 OMNI T2 MNCS/TURB NDK 10G PULS 10G 8WHL1A AMR TSTRSR N-DRNK RECLM 17 Part# : F6CXXXXGlAAOX 1 EA 8, 061 .260 MTR 6 OMNI F2 CHB/F2 ID=SN 10GAL PULSE 10G 8WHL1A AMR REG ID = MFG SN 45 . 00"LL This Quotalion is an offer to sell which includes and is subject to the 3ensus Metering Systems Terns of Sale available for viewing and downloading at hltp;lr4YAW.Sei1SLI5.CUlllltc Please contact Customer Service at 1-800-638-3748 if you are unable to access this site and require a printed copy of the Terms of Sale. Page 233 of 544 Page 3 12-1.1§91MM 450 North Gallatin Avenue 1-800-Meterll monsm P.O. Box 487 1-800-638-3748 MWAZUkM Uniontown,PA 15221 USA www.sensus.com Your Quote Number: 28286 5 E n su s US Dollar Line Description Quantity U/M Unit Price 18 Part# : R1IXXXXG8BAXX 1 EA 432 . 820 METER 1-1/2" OMNI R2 10 GALLON, 7 WHEEL 2A, AMR MAIN CASE 13" LL 19 Part# : R2IXXXXG8BAXX 1 EA 607 .280 METER 2" OMNI R2 10 GALLON, 7 WHEEL 2A, AMR MAIN CASE 17" LL 20 Part# : S2PR338GDOXXIXX 1 EA 124 . 070 MTR-LL 5/8-3/4SRII ER-TRPL G6 ' BTM/BRZ 6WHL3A 61SEN L/HSG PK ID=MSN 10G RECLM DP/P 21 Part# : S2PX338GDOXXIXX 1 EA 116 . 700 MTR-LL 5/8-3/4SRII ER-TRPL 10G BTM/BRZ 6WHL3A 61SEN L/HSG PK REG ID = MFG SIN DP/P 22 Part# : E2SXX38GDXXXXXX 1 EA 53 .470 E-REG TRPL SRII 5/8-3/4 10G 6WHL3A 61SEN AY W/BAYONETT RING 23 Part# : E5SXX38GDXXXXXX 1 EA 53 .470 E-REG TRPL SRII 1 10G 6 ' 6WHL3A 61SEN AY W/BAYONETT RING 24 Part# : 031 1 EA 53 . 090 SR/SRII TR/PL CONVERSION KIT REGISTER ONLY, L/HOUSING 25 Part# : 5380220000014 1 EA 18 . 120 SPANNER WRENCH ILL 26 26 Part# : 0001000101268 5, 000 EA . 160 GEL CAP ILL 55 AMR ACCESSORIES 517-0010784 This Quotalion is an offer to sell which includes and is subject to the 3ensus Metering Systems Terns of Sale available for viewing and downloading at hllp;lr4YAW.Sei1SLI5.CUlllltc Please contact Customer Service at 1-800-638-3748 if you are unable to access this site and require a printed copy of the Terms of Sale. Page 234 of 544 Page 4 12-1.1§91MM 450 North Gallatin Avenue 1-800-Meterll monsm P.O. Box 487 1-800-638-3748 Uniontown,PA 15221 USA www.sensus.com Your Quote Number: 28286 5 E n su s US Dollar Line Description Quantity U/M Unit Price 27 Part# : PM M50/M100 WAR 1 EA 1, 609 . 000 WARNTY METRO M50/M100 1-YR EXTENDED MAINTENANCE 28 Part# : MISC. 1 EA . 000 SEE BELOW * ADD ON TO METER PRICES FOR OMNI T2 TO T6 RECLAIM EA. $67 . 56 PARTS NOT QUOTED TO BE DISCOUNTED 24% FROM CURRENT PARTS PRICING BOOKLETS . WANEYA' S FAX 561-742-6478 - PHONE 561-742-6427 bryantw@ci .boynton-beach. fl .us robertsond@bbfl .us FULL FREIGHT ALLOWED. FOB SHIPPING POINT. CASE - 00472464 PROJECT CODE - WAKG IF MODIFICATIONS IN METER MATERIALS OR PROCESSING ARE REQUIRED TO MEET NEW REGULATIONS, THE PRICING SUBMITTED IS SUBJECT TO IMMEDIATE CHANGE Thank you for your interest in quality products by Sensus . Current as of : 1/27/17 Correspondence: Purchase Orders: SENSUS SENSUS 207 WINDMERE DRIVE PO BOX 487 BOWLING GREEN, KY 42103 UNIONTOWN, PA 15401 sensus .orders@sensus .com PHONE: 800-METER-IT 800-638-3748 ROBERT WHITTAKER Regional Sales Manager This Quotalion is an offer to sell which includes and is subject to the 3ensus Metering Systems Terns of Sale available for viewing and downloading at hltp;lr4YAW.Sei1SLI5.CUlllltc Please contact Customer Service at 1-800-638-3748 if you are unable to access this site and require a printed copy of the Terms of Sale. Page 235 of 544 9.A. PUBLIC HEARING 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-022 - FIRST READING - Approve Flood Prevention Requirements (CDRV 17-005) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article 11, Definitions and Article VI 11, Section 1.D, Appeals, Chapter 2, Article IV, Sections 2 and 4, and Chapter 4, Article X, to update definitions, Building Division Processes, Standards, and adopt Flood Insurance Rate Maps and Flood Insurance Study in accordance with the NFIP requirements. City initiated. EXPLANATION OF REQUEST: In 1982, the Federal Emergency Management Agency (FEMA) issued Flood Insurance Rate Maps (FIRM) and a Flood Insurance Study (FIS) report that identified special flood hazard areas in the City. Recently, FEMA completed a re-evaluation of flood hazards in Palm Beach County. FEMA provided the City with preliminary and revised preliminary copies of the FIRM and FIS report on May 31, 2013 and August 18, 2014, respectively, that identified existing flood hazards in the City. As part of this process, FEMA conducted a series of four (4) public workshops in Palm Beach County; of which one (1) was hosted at the Boynton Beach Library program room. The workshops were intended to provide the public an opportunity to view maps, obtain technical assistance, and ask questions of FEMA consultants, County, and City staff. Notice was subsequently published in the Palm Beach Post, the Sun Sentinel, the Town Crier, EI Latino, and the Palm Beach Daily News on or about December 26, 2014 and January 2, 2015. An additional publication was completed in the Federal Register on November 10, 2014. The 90-day appeal period, which began upon the publishing of the second notice, has ended and FEMA did not receive any appeals during this time. Hence, the Flood Hazard Determination is considered final and the Flood Insurance Study and Flood Insurance Rate Maps will become effective on October 5, 2017. On April 5, 2017, the City received notice from FEMA of the final Flood Hazard Determination and update of the Flood Insurance Study, Flood Insurance Rate Maps (FIRM), and the requirement to adopt aforementioned items by reference within six(6) months. In addition the City is required, prior to October 5, 2017, as a condition of continued eligibility in the National Flood Insurance Program (NFIP), to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(e) of the NFIP regulations (44 CFR 59, etc.) by the effective date of the F I RM. The proposed amendments to Chapter 1, 2, and 4 of the L D R is provided in their entirety in Exhibit"A, B, and C" respectively, along with a list of F I RM Maps and the F I S Report in Exhibit"D". The most notable amendments are summarized below: • Reorganization and update of flood related definitions for clarity and compliance with NFI P. • Reorganization and update of flood related requirements/standards for clarity and compliance with NFIP. • Striking of redundant provisions that are now included in the Florida Building and Residential Code. • Insertion of flood specific requirements for variances according to NFIP. Page 236 of 544 • Clarification of designated Flood Plain Administrator and duties. • Listing of specific federal and state permits that may be required. • Requirement for issuance of development permits or approvals other than buildings and structures that are exempt from the Florida Building Code. • Adoption by reference to the October 5, 2017 FIRM Maps and FIS report. All FIRM Maps and FIS Report are available online for viewing at http://msc.fema.gov/portal/advanceSearch Staff is recommending approval of the proposed code amendments as required by the NFIP and to update reference to the newly finalized Palm Beach County Flood Insurance Study and Flood Insurance Rate Maps. The Planning & Development Board reviewed this item on August 22, 2017 and forwards it with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? City currently participates and manages the National Flood Insurance Program and does not anticipate any changes to programs or services. FISCAL IMPACT: Continued participation through the National Flood Insurance Program affords all City residents in a special flood hazard area a discount of 15% on flood insurance premiums. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: NA CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: NA Is this a grant? No Grant Amount: Page 237 of 544 ATTACHMENTS: Type Description D Ordinance Ordinance appro\Ang amendments to LDR Flood Prevention REquirements D Staff Report Staff Report D Letter FEMA Letter of Final Determination D Exhibit Exhibit"A" ® Chapter 1—Article I I—Definitions and Article V I I I—Section 1.D Apppeals D Exhibit Exhibit"B" ® Chapter 2—Article IV—Section 2 and 4—Building Permit and Variances Exhibit"C" ® Chapter 4 Article X—Flood D Exhibit Prevention Requirements D Exhibit Exhibit"D" ® List of FIRM Maps and FIS Report D Other Presentation Page 238 of 544 I ORDINANCE NO. 17- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 4 AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1, 5 ARTICLE II, "DEFINITIONS"; AMENDING CHAPTER 1, ARTICLE 6 VIII, SECTION I.D. "APPEALS"; AMENDING CHAPTER 2, ARTICLE 7 IV, SECTION 2, "BUILDING PERMIT"; AMENDING CHAPTER 2, 8 ARTICLE IV, SECTION 4, "VARIANCES; AMENDING CHAPTER 4, 9 ARTICLE X. "FLOOD PREVENTION REQUIREMENTS" TO UPDATE 10 DEFINITIONS,BUILDING DIVISION PROCESSES, STANDARDS,AND 11 ADOPT FLOOD INSURANCE RATE MAPS AND FLOOD INSURANCE 12 STUDY IN ACCORDANCE WITH NFIP REQUIREMENTS; 13 PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION 14 AND AN EFFECTIVE DATE. 15 16 WHEREAS, the Federal Emergency Management Agency (FEMA) issued Flood 17 Insurance Rate Maps and a Flood Insurance Study report that identified special flood hazard 18 areas in the City and has recently completed a re-evaluation of flood hazards in Palm Beach 19 County; and 20 WHEREAS, on April 5, 2017, the City received notice from FEMA of the final Flood 21 Hazard Determination and update of the Flood Insurance Study, Flood Insurance Rate Maps 22 (FIRM) and the requirement to adopt the items by reference within six (6) months; and 23 WHEREAS, staff is recommending approval of the proposed amendments as required 24 by the NFIP and to update reference to the newly finalized Palm Beach County Flood Insurance 25 Study and Flood Insurance Rate Maps; and 26 WHEREAS, the City Commission has considered the recommendations and has 27 determined and finds that it is in the best interest of the citizens and residents of the City of 28 Boynton Beach, Florida to approve the amendments to the Land Development Regulations as 29 contained herein. 30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: - 1- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\00654A8F-C1E8-4895-85BC-562BC62C2A51\Boynton Beach.6607.1.Flood_Prevention_Requirements_-_LDR_Amendment_-_Ordinance.docx Page 239 of 544 32 Section 1. The foregoing whereas clauses are true and correct and are now ratified and 33 confirmed by the City Commission. 34 Section 2. Chapter 1, Article II, Definitions and Article VIII, Section 1.D, Appeals 35 of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is 36 hereby amended as reflected in Exhibit"A" attached hereto and incorporated herein. 37 Section 3. Chapter 2, Article IV, Section 2, Building Permits and Section 4, 38 Variances of the Land Development Regulations of the City of Boynton Beach Code of 39 Ordinances is hereby amended as reflected in Exhibit "B" attached hereto and incorporated 40 herein. 41 Section 4. Chapter 4, Article X, Flood Prevention Requirements of the Land 42 Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended 43 as reflected in Exhibit"C" attached hereto and incorporated herein. 44 Section 5. Each and every other provision of the Land Development Regulations not 45 herein specifically amended, shall remain in full force and effect as originally adopted. 46 Section 6. All laws and ordinances applying to the City of Boynton Beach in conflict 47 with any provisions of this ordinance are hereby repealed. 48 Section 7. Should any section or provision of this Ordinance or any portion thereof 49 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 50 remainder of this Ordinance. 51 Section 8. Authority is hereby given to codify this Ordinance. The City Clerk is 52 directed to work with the Land Development Regulations publisher to consolidate this ordinance 53 and the exhibit for publication. 54 Section 9. This Ordinance shall become effective immediately. -2- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\00654A8F-C1E8-4895-85BC-562BC62C2A51\Boynton Beach.6607.1.Flood_Prevention_Requirements_-_LDR_Amendment_-_Ordinance.docx Page 240 of 544 55 FIRST READING this day of , 2017. 56 -3- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\00654A8F-C1E8-4895-85BC-562BC62C2A51\Boynton Beach.6607.1.Flood_Prevention_Requirements_-_LDR_Amendment_-_Ordinance.docx Page 241 of 544 57 SECOND, FINAL READING AND PASSAGE this day of , 2017. 58 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 76 ATTEST: 77 78 79 80 Judith A. Pyle, CMC 81 City Clerk 82 83 84 85 (Corporate Seal) 86 87 -4- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\00654A8F-C1E8-4895-85BC-562BC62C2A51\Boynton Beach.6607.1.Flood_Prevention_Requirements_-_LDR_Amendment_-_Ordinance.docx Page 242 of 544 DEPARTMENT OF DEVELOPMENT f , PLANNING AND ZONING Memorandum PZ 17-029 TO: Chair and Members Planning & Development Board FROM: Andrew P. Mack, P.E., Director of Development ' � DATE: August 2, 2017 RE: Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II, Definitions and Article VIII, Section 1.D, Appeals, to update definitions and administrative official that regulate Flood Prevention in accordance with National Flood Insurance Program requirements. Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 2, Article IV, Sections 2 and 4, to update Building Division processes that regulate Flood Prevention in accordance with National Flood Insurance Program requirements. Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 4, Article X, to update standards, adopt Flood Insurance Rate Maps, and Flood Insurance Study that regulate Flood Prevention in accordance with National Flood Insurance Program requirements. 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 to meet original objectives or new vision. The proposed amendment would support item 44. BACKGROUND In 1982, the Federal Emergency Management Agency (FEMA) issued Flood Insurance Rate Maps (FIRM) and a Flood Insurance Study (FIS) report that identified special flood hazard areas in the City. Recently, FEMA completed a re-evaluation of flood hazards in Palm Beach County. - 1 - Page 243 of 544 On May 31, 2013 and August 18, 2014 respectively, FEMA provided the City with preliminary and revised preliminary copies of the FIRM and FIS report that identified existing flood hazards in the City. Notice was subsequently published in the Palm Beach Post, the Sun Sentinel, the Town Crier, El Latino, and the Palm Beach Daily News on or about December 26, 2014 and January 2, 2015. An additional publication was completed in the Federal Register on November 10, 2014. The 90-day appeal period, which began upon the publishing of the second notice, has ended and FEMA did not receive any appeals during this time. Hence, the Flood Hazard Determination is considered final and the Flood Insurance Study and Flood Insurance Rate Maps will become effective on October 5, 2017. On April 5, 2017, the City received notice from FEMA of the final Flood Hazard Determination and update of the Flood Insurance Study, Flood Insurance Rate Maps (FIRM), and the requirement to adopt aforementioned items by reference within six (6)months. In addition the City is required, prior to October 5, 2017, as a condition of continued eligibility in the National Flood Insurance Program (NFIP), to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(e) of the NFIP regulations (44 CFR 59, etc.)by the effective date of the FIRM. PROPOSED DEVELOPMENT STANDARDS The proposed amendments to Chapter 1, 2, and 4 of the LDR is provided in their entirety in Exhibit"A, B, and C" respectively, along with a list of FIRM Maps and the FIS Report in Exhibit "D". The most notable amendments are summarized below: • Reorganization and update of flood related definitions for clarity and compliance with NFIP. • Reorganization and update of flood related requirements/standards for clarity and compliance with NFIP. • Striking of redundant provisions that are now included in the Florida Building and Residential Code. • Insertion of flood specific requirements for variances according to NFIP. • Clarification of designated Flood Plain Administrator and duties. • Listing of specific federal and state permits that may be required. • Requirement for issuance of development permits or approvals other than buildings and structures that are exempt from Florida Building Code. • Adoption by reference the October 5, 2017 FIRM Maps and FIS report. All FIRM Maps and FIS Report are available online for viewing at htlp:Hmsc.fema.gov/portal/advanceSearch. CONCLUSION/RECOMENDATION Staff is recommending approval of the proposed code amendments as required by the NFIP and to update reference for the newly finalized Palm Beach County Flood Insurance Study and Flood Insurance Rate Maps. Attachment S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 17-005 Flood Ordinance\Staff Report-Flood Ordinance.docx -2- Page 244 of 544 BART Washington, D.C. 20472 IN REPLY REFER TO: 1P April 5,2017 The Honorable Steven Grant Community: City of Boynton Beach, Mayor, City of Boynton Beach Palm Beach County, City Hall Florida 100 East Boynton Beach Boulevard Community No.: 120196 Boynton Beach,Florida 33435 Map Panels Affected: See FIRM Index Dear Mayor Grant: This is to notify you of the final flood hazard determination(FHD)for the City of Boynton Beach in compliance with Title 44, Chapter I,Section 67.11, Code of Federal Regulations (44 CFA 67.11). This section requires that notice of final FHDs shall be sent to the Chief Executive Officer of the community, all individual appellants, and the State Coordinating Agency,and shall be published in the Federal Register. On September 30, 1982,the Department of Homeland Security's Federal Emergency Management Agency(FEMA)issued a Flood Insurance Rate Map(FIRM)that identified the Special Flood Hazard Areas (SFHAs),the areas subject to inundation by the base(I-percent-annual-chance)flood, in your community. Recently, FEMA completed a re-evaluation of flood hazards in your community. On May 31,2013,and August 18, 2014,FEMA provided you with Preliminary and Revised Preliminary copies,respectively, of the FIRM and Flood Insurance Study(FIS)report that identify existing flood hazards in your community. The proposed FHDs for your community were published in the Palm Beach Post, the Sun Sentinel, The Town Crier,El Latino,and the Palm Beach Daily News on or about December 26,2014,and January 2, 2015; and in the Coastal Star on January 3,2015,and in the Federal Register, at Part 67,Volume 79,Pages 66733, on November 10,2014. The statutory 90-day appeal period,which was initiated on the second newspaper publication date cited above,has ended. FEMA did not receive any appeals of the proposed FHDs during that time. Accordingly,the FHDs for your community are considered final. The final notice for FHDs will be published in the Federal Register as soon as possible. The FIRM for your community will become effective on October 5, 2017. Before the effective date,FEMA will send you final printed copies of the FIRM and FIS report. Because the FIS report establishing the FHDs for your community has been completed,certain additional requirements must be met under Section 1361 of the National Flood Insurance Act of 1968,as amended, within 6 months from the date of this letter. It must be emphasized that all the standards specified in Paragraph 60.3(e)of the NFIP regulations must be enacted in a legally enforceable document. This includes adoption of the current effective FIS report and FIRM to which the regulations apply and other modifications made by this map revision. Some of Page 245 of 544 2 the standards should already have been enacted by your community in order to establish initial eligibility in the NFIP. Your community can meet any additional requirements by taking one of the following actions: 1. Amending existing regulations to incorporate any additional requirements of Paragraph 60.3(c); 2. Adopting all the standards of Paragraph 60.3(e)into one new, comprehensive set of regulations; or 3. Showing evidence that regulations have previously been adopted that meet or exceed the minimum requirements of Paragraph 60.3(e). Also,prior to October 5, 2017, your community is required, as a condition of continued eligibility in the National Flood Insurance Program(NFIP), to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(e) of the NFIP regulations (44 CFR 59, etc.)by the effective date of the FIRM. These standards are the minimum requirements and do not supersede any State or local requirements of a more stringent nature. Many States and Communities have adopted building codes based on the International Codes (I-Codes); the model I-Codes (2009 and more recent editions) contain flood provisions that either meet or exceed the minimum requirements of the NFIP for buildings and structures. The model codes also contain provisions, currently found in an appendix to the International Building Code,that apply to other types of development and NFIP requirements. In these cases, communities should request review by the NFIP State Coordinator to ensure that local floodplain management regulations are coordinated(not duplicative or inconsistent)with the State or Local building code. FEMA's resource, Reducing Flood Losses through the International Code: Coordinating Building Codes and Floodplain Management Regulations, 4`h Edition (2014)provides some guidance on this subject and is available at htt salt -w.fe a,govt edia-library/assets/ ocu ts/96634. Please note, any enclosed correspondence from the State Floodplain Manager is provided to assist States and communities in coordinating to meet State requirements. Its inclusion with this determination should not be construed as FEMA's specific endorsement of its contents. Communities that fail to enact the necessary floodplain management regulations will be suspended from participation in the NFIP and subject to the prohibitions contained in Section 202(x) of the Flood Disaster Protection Act of 1973 (Public Law 93-234)as amended. In addition to your community using the FIS report and FIRM to manage development in the floodplain, FEMA will use the FIS report and FIRM to establish appropriate flood insurance rates. On the effective date of the revised FIRM,actuarial rates for flood insurance will be charged for all new structures and substantial improvements to existing structures located in the identified SFHAs. These rates may be higher if structures are not built in compliance with the floodplain management standards of the NFIP. hi general, flood insurance rates increase as the lowest floor elevations (including basements)of new and substantially improved structures decrease in relation to the BFEs or base flood depths (if determined). This is an important consideration for new construction because building at a higher elevation can greatly reduce the cost of flood insurance. Page 246 of 544 3 To assist your community in maintaining the FIRM, we have enclosed a Summary of Map Actions (SOMA) to document previous Letter of Map Change (LOMC) actions (i.e., Letters of Map Amendment [LOMAs], Letters of Map Revision [LOMRs]) that will be superseded when the revised FIRM panels referenced above become effective. Information on LOMCs is presented in the following four categories: (1) LOMCs for which results have been included on the revised FIRM panels; (2)LOMCs for which results could not be shown on the revised FIRM panels because of scale limitations or because the LOMC issued had determined that the lots or structures involved were outside the Special FIood Hazard Area as shown on the FIRM; (3) LOMCs for which results have not been included on the revised FIRM panels because the flood hazard information on which the original determinations were based are being superseded by new flood hazard information; and(4)LOMCs issued for multiple lots or structures where the determination for one or more of the lots or structures cannot be revalidated through an administrative process Iike the LOMCs in Category 2 above. LOMCs in Category 2 will be revalidated through a single letter that reaffirms the validity of a previously issued LOMC; the letter will be sent to your community shortly before the effective date of the revised FIRM and wiII become effective 1 day after the revised FIRM becomes effective. For the LOMCs listed in Category 4, we will review the data previously submitted for the LOMA or LOMR request and issue a new determination for the affected properties after the revised FIRM becomes effective. The FIS report and FIRM for your community have been prepared in our countywide format,which means that flood hazard information for all jurisdictions within Palm Beach County has been combined into one FIS report and FIRM. When the FIS report and FIRM are printed and distributed, your community will receive only those panels that present flood hazard information for your community. We will provide complete sets of the FIRM panels to county officials,where they will be available for review by your community The FIRM panels have been computer-generated. Once the FIS report and FIRM are printed and distributed, the digital files containing the flood hazard data for the entire county can be provided to your community for use in a computer mapping system. These files can be used in conjunction with other thematic data for floodplain management purposes, insurance purchase and rating requirements, and many other planning applications. Copies of the digital files or paper copies of the FIRM panels may be obtained by calling our FEMA Map Information eXchange(FMIX),toll free, at 1-877-FEMA MAP (1-877-336-2627). In addition,your community may be eligible for additional credits under our Community Rating System if you implement your activities using digital mapping files. For assistance with your floodplain management ordinance,please contact the Florida Division of ]Emergency Management by email at .00dsmordinance rn 1lorida. m. For general assistance with floodplain management,contact Steve Martin,NFIP State Coordinator for Florida by telephone at (850) 413-9960 or by email at ste.r °t` Pity orida.co If you should require any additional information,we suggest that you contact the Director,Federal Insurance and Mitigation Division of FEMA in Atlanta, Georgia, at(770)220-5200 for assistance. If you have any questions concerning mapping issues in general or the enclosed SOMA,please call our FMIX at the toll free number shown above. Additional information and resources your community may find helpful regarding the NFIP and floodplain management, such as The National Flood Insurance Program Code of Federal Regulations, Answers to Questions About the National Flood Insurance Program,Frequently Asked Questions Regarding the Effects that Revised Flood Hazards have on Existing Structctres, Use of Flood Insurance Page 247 of 544 4 Study(FIS)Data as Available Data, and National Flood Insurance Program Elevation Certificate and Instructions, can be found on our website at http://www.floodrmps.fema.gov/lfd. Paper copies of these documents may also be obtained by calling our FMIX. Sincerely, Luis Rodrigd�&,-iE., Chief Engineering Management Branch Federal Insurance and Mitigation Administration Enclosure: Final SOMA Adoption of NFIP-Compliant Hood Ordinances with the FBC cc: Community Map Repository Mr. Shane Kittendorf, Floodplain Administrator, City of Boynton Beach Page 248 of 544 EXHIBIT "A" Chapter 1, Article 11, Definitions and Article VIII, Section 1.13 Appeals. AREA A O SHALLOW T T OW F !1llilING coo "Flood, ccr-v Are of Shallow Flooding." " AREA A O SPECIAL FLOOD OOD HAZARD Coo "Flood, Sp 1 �'1.,o 14az�Are--." ee�a �� BASE FLOOD - See "Flood, Base Flood." BREAKAWAY WALL A wall tha+is net pai4 ef the stftteter-al stippei4 ef the bttilding and is intended te BUILDING/STRUCTURE HEIGHT - The vertical distance in feet measured from the lowest point at the property line of an adjacent property or from the minimum base flood elevation as established by FEMn whichever is highest, to the highest point of the roof for flat roofs, to the deck line for parapet roofs with parapets less than five (5)feet in height. Gable, mansard, and hip roof heights shall be measured to the midpoint between the eaves and the ridge. Rooftop penthouses, stairwells, mechanical and electrical equipment shall be concealed by or constructed of exterior architectural materials or features of the same type or quality used on the exterior walls of the main building and may only exceed the maximum building height pursuant to the provisions of the Land Development Regulations. Walls or retaining walls shall also be measured from the lowest adjacent property line to the top of the structure excluding column caps, column capitals and other similar architectural items. COASTAL HIGH HAZARD AREA - The area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. CROWN OF ROAD - The elevation of the highest surface of street pavement within the right-of-way abutting the property or otherwise approved by the City Engineer. DEVELOPMENT - A single use or combination of uses, proposed or approved, that may include but not be limited to a single-family subdivision, townhomes, rental apartments, condominiums, public facilities, commercial buildings, shopping centers, or industrial projects, possibly of similar design, constructed as a unified community. Development shall also include the meaning given it in F.S. § 380.04, pursuant to a development order or permit. With respect to workforce housing, it shall mean a proposed development at one (1)location which includes at least ten (10)residential units for which site plan approval is required. With respect to flood prevention requirements, see"Flood, Development." it shall ,nea any ma dr-edging, filling, gr-adin5, F-5, _ea-,�a+iens, dr-illing eper- ether-land distttfbing aeti FLOOD (FLOODING) - A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation of runoff of surface waters from any source. For purposes of Chapter 4, Article X, Flood Prevention Requirements: 1. ALTERATION OF A WATERCOURSE - A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, 1 Page 249 of 544 or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. 2 AREA A O SHALLOW T T OW F !1llilING A designated AO 3,10 zone a ., eammunity's fl ,,a instir-anee rate fnap (FH4A4)with base flood depths ffafn one (1)to three (3) feet where a elear4y defined ehanne! does not emst, where the path of flooding is unpr-edietable and indetefminate, and where veleeity flow may be evident. 2. -3--. ASCE 24 - A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA. 3. 4 BASE FLOOD -A flood having a one percent(1%) chance of being equaled or exceeded in any given year. The base flood is commonly referred to as the "one hundred (100) year flood" or the "one percent(1%) annual chance flood." 4. 45- BASE FLOOD ELEVATION - The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). 5. 6-. BASEMENT - The portion of a building having its floor subgrade (below ground level) on all sides. 6. BREAKAWAY WALL - A wall that is not part of the structural support of the building and is intended to collapse without causing damage to the elevated portion of the building or the foundation system. 7. COASTAL CONSTRUCTION CONTROL LINE - The line established by the State of Florida pursuant to F.S. § 161.053, and recorded in the official records of the community, which defines that portion of the beach-dune system subject to severe fluctuations based on a one hundred (100)-year storm surge, storm waves or other predictable weather conditions. 8. COASTAL HIGH HAZARD AREA - A special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as "high hazard areas subject to high velocity wave action" or"V Zones" and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V. The e below the elevation oftheeate, aFy , stafm s e gine as established by a Sea, bake, and Over-land Stir-ges f+em Hidr-r4eanes (SLOS14) eemptttefii�ed stefffl stir-ge fnec el. 9. DESIGN FLOOD - The flood associated with the greater of the following two (2) areas: 1) area with a floodplain subject to a one percent(1%) or greater chance of flooding in any year; or 2) area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. 10. DESIGN FLOOD ELEVATION - The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number(in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to two (2)feet. 11. DEVELOPMENT—Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining ,dred iin filling,illinggrading,paving, excavations, drilling operations or any other land disturbing activities. 12. 44-. ENCROACHMENT - The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. 2 Page 250 of 544 13. EXISTING BUILDING and EXISTING STRUCTURE - Any buildings and structures for which the "start of construction" commenced before January 3, 1979. 14. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads)is completed before January 3, 1979. 15. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OF SUBDIVISON - The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site ,gradin or r the pouring of concrete pads). 16. 4z? FLOOD DAMAGE-RESISTANT MATERIALS - Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. 17. 44- FLOOD HAZARD AREA - The greater of the following two (2) areas: 1)the area within a floodplain subject to a one percent(1%) or greater chance of flooding in any year; and/or 2)the area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. 14. FLOOD HAZARD BOUNDARY MAP (FHBAI) An affieial fnap of a ssued by the Feder-a! Emer-geney Management Ageney where the batiadar-ies of the areas of speeial fle-A-d- have been defined-. 18. 4-5- FLOOD INSURANCE RATE MAP (FIRM) - An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. 19. 46-. FLOOD INSURANCE STUDY - The official report provided by the Federal Emergency Management Agency which contains flood profiles, flood boundary-floodway map and water surface elevation of the base flood. 20. FLOODPLAIN ADMINISTRATOR- The office or position designated and charged with the administration and enforcement of this chapter(may be referred to as the Floodplain Manager). 21. FLOODWAY - The channel of a watercourse and the adj acent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one 1 foot. 22. 4-7-. FLOODWAY ENCROACHMENT ANALYSIS - An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models. 23. 4-9-. FUNCTIONALLY DEPENDENT USE -A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long term storage or related manufacturing facilities. 24. 4-9-.- HIGHEST ADJACENT GRADE - The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. 25. HISTORIC STRUCTURE - Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings. 26. 2-0-. LETTER OF MAP CHANGE (LOMC) - An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change 3 Page 251 of 544 include: a. LETTER OF MAP AMENDMENT (LOMA) - An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. b. LETTER OF MAP REVISION (LOMR) - A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. c. LETTER OF MAP REVISION BASED ON FILL (LOMR-F) - A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations. d. CONDITIONAL LETTER OF MAP REVISION (CLOMR) - A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. 27. 24-. LOWEST FLOOR- The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24. 28. MARKET VALUE - The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in Chapter 4, Article X, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, Actual Cash Value (replacement cost depreciated for age and quality of construction), or the ad valorem tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser. 29. NEW CONSTRUCTION-For the purposes of administration of Chapter 4, Article X, and the flood resistant construction requirements of the Florida Building Code, structures for which the"start of construction" commenced on or after January 3, 1979 and includes any subsequent improvements to such structures. 30. NEW MANUFACTURED HOME PARK OR SUBDIVISION - A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final siterg adin or r the pouring of concrete pads)is completed on or after January 3, 1979. 31. ? SAND DUNES -Naturally occurring accumulations of sand in ridges or mounds landward of the beach. 32. SPECIAL FLOOD HAZARD AREA - Land in the floodplain subject to a one percent(1%) or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMS as Zone A, AO, Al, A30, AE, A99, AH, V1, V30, VE or V. 33. SUBSTANTIAL DAMAGE - Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. 4 Page 252 of 544 34. SUBSTANTIAL, IMPROVEMENT - Any repair, reconstruction, alteration, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent(50%) of the market value of the structure before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include (1) Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions, or(2) Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure. 35. WATERCOURSE -For the purposes of Chapter 4, Article X, a river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically. FLOODW, The ehanne! of a water-eatir-se and the adjaeeat land areas that must be r-eseFved in order-to FUNCTIONALLY DEPENDENT FACILITY A faei4y whieh eannat be used for-its intended pur-pose the leading and tialeading of ear-go or-passengers, shipbuilding, ship repair-or- seafood pr-aeessiag. The ter-fn es not inelude long-texn star-age, fnaatifaotux e, sales or- seFviee faeiliti MANUFACTURED HOME - A structure, transportable in one or more sections, which is eight(8)feet or more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. Alse knewn as a mebile heme, (HUD) and emale of being r-elaeated f of one ( ` i' ' 9+er The structure is designed for long term occupancy as a complete dwelling unit and containing all conveniences and facilities, with plumbing and electrical connections provided for attachment to approved utility systems. All wheels shall be removed prior to the issuance of a certificate of occupancy. MANUFACTURED HOME PARK-Premises typically referred to as a mobile home or trailer park, where manufactured homes are installed par-ked for non-transient living or sleeping purposes. START OF CONSTRUCTION (P.L. 97 34 - The date a building permit is issued for new construction and substantial improvements, provided the actual start of construction, repair, reconstruction or improvement is within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns or any work beyond excavation or placement of a manufactured home on a foundation. Permanent construction excludes land preparation such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations or the erection of temporary forms; installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other 5 Page 253 of 544 structural part of a building, whether or not that alteration affects the external dimensions of the building. 0 "substantial9/6) of the value of the stmetur-e as established by the fnest r-eeeat Palm Beaeh County ad valor-em tfflE bill, either-before the impr-evemeat or-repair-is stai4ed, or-if the stmetur-e has been damaged and is being r-estar-ed, before the damage aeetir-r-ed. For-the per-poses of this n • s eansider-ed to aeetir-when the first alteration of any wall, eeiling, flear-or-other- stmetur-al pai4 of the building eammenees, whether-or-not that alteration aff-eets the e�Etemal difneasions of the stmetafe. Chapter 1, Article VI 11, Section 1.D Appeals. Sec. 1. Administrative Official. D. Assignment ofAppeals. The City Commission or the Building Board of Adjustment and Appeals shall review all appeals. The assignment of each is as follows: 1. City Commission. The City Commission shall hear and decide all appeals regarding the administration, interpretation, or enforcement of any standard, provision, or regulation contained in the land development regulations, except for that which is identified in subparagraph b. below. 2. Building Board of Adjustment and Appeals. The owner of a building, structure, or service system, or duly authorized agent may appeal a decision of the Building Official or the Floodplain Administrator, as applicable, in his/her enforcement or administration of Chapter 4, Article IX, Building, Construction and Historic Preservation Requirements; Chapter 4, Article X, Flood Prevention Requirements; or whenever any one (1) of the following conditions are claimed to exist: a. The Building Official or the Floodplain Administrator, as applicable, rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure, or service system; b. The provisions of the city's current edition of the Administrative Amendments to the Florida Building Code do not apply to this specific case; c. That an equally good or more desirable form of installation can be employed in a specific case; or d. The true intent and meaning of the city's current edition of the Administrative Amendments to the Florida Building Code have been misconstrued or incorrectly interpreted. 6 Page 254 of 544 EXHIBIT B" Chapter 2, Article IV, Section 2 and 4, Building Permit and Variances. Sec. 2. Building Permit. A. General. 1. Purpose and Intent. The purpose and intent of this section is to set forth a well-defined application process, review criteria, and uniform procedure for the processing of permit applications, to ensure that certain buildings, structures, and systems comply with the respective requirements and standards described in the Florida Building Code, including the City Administrative Amendments thereof, and these Land Development Regulations. 2. Applicability. A building or other structure shall not be erected, moved, added to, or structurally altered (including substantial improvements as defined by Chapter I, Article II), unless a building permit is issued by the city. A building permit shall not be issued by the Building Official or designee unless the application complies with the requirements of this article and the Florida Building Code, including the city's Administrative Amendments. All permit applications for new buildings, building expansions, major modifications or certain other improvements, must be consistent with any applicable and corresponding site plan, master plan or record plat. 3. Scope. The Florida Building Code is based on national model building codes and national consensus standards which are amended where necessary for Florida's specific needs. The code incorporates all building construction-related regulations for public and private buildings in the State of Florida other than those specifically exempted by F.S. § 553.73. It has been harmonized with the Florida Fire Prevention Code, which is developed and maintained by the Department of Financial Services, Office of the State Fire Marshal, to establish unified and consistent standards. B. Submittal Requirements. Application forms for building permits shall be provided by the Building Division. Unless the Building Official or designee determines otherwise, the applicant shall submit completed forms, provide all documentation, including plans and exhibits required by such applications, and pay all applicable fees as adopted by resolution by the City Commission. In addition to the information required on the applications, the permittee for any permit for construction in special flood hazard areas, which upon its completion would result in the issuance of a certificate of occupancy or certificate of completion, shall, ' prior to the issuance of such certificate of occupancy/completion- submit a stm 2. Elevation in relation to fnean sea level to whieh any flea residential stmettir-e will be flead pr-aafed. 3. Gei4ifieafiaa by a Fier-ida registered engineer-or- ar-ehiteet that the stmettir-e fneets the flood proofing de elo PA 5. flood elevation or flood proofing certification after placement of the lowest floor and prior to further vertical construction meted, or in instances where the structure is subject to the regulations applicable to coastal high hazard areas, after placement of the horizontal structural members of the lowest floor and prior to further vertical construction. Within twenty-one (21) calendar days of establishment of the lowest floor elevation, or flood proofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, the permit holder shall submit to the Development Department a certification of the elevation of the lowest floor, flood proofing elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer. When flood proofing is utilized, certification shall be prepared by or under the direct supervision of a professional engineer or architect. Any work done within the twenty-one (21)-day calendar period and prior to submission of the certification shall 1 Page 255 of 544 be at the permit holder's risk. The Development Department shall review the flood elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to continuation of the work. Failure to submit the survey or failure to make said corrections shall cause issuance of a stop-work order for the project. 6. n stwvey E)f mangr-eve tree 14— Sec. 4 Sec. 4. Variances. A. General. 1. Purpose and Intent. The purpose of this section is to provide an efficient relief process to allow for deviations from certain requirements and standards of the Florida Building Code, including the city's Administrative Amendments thereof, and the applicable regulations in the city's Land Development Regulations, in circumstances when the applicant is able to demonstrate a hardship. 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 satisfactorily addresses the review criteria contained herein, and without the necessity of amending the regulation to accommodate the requested relief. 2. Applicability. a. The owner of a building, structure, or service system, or duly authorized agent may appeal a decision from the Building Official whenever any one (1) of the following conditions is claimed to exist: (1) The Building Official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure, or service system; (2) The provision of the Florida Building Code, including the city's Administrative Amendments thereto does not apply to this specific case; (3) That an equally good or more desirable form of installation can be employed in a specific case; or (4) The true intent and meaning of the Florida Building Code, including the city's Administrative Amendments thereto have been misconstrued or incorrectly interpreted; or b. The owner of a building, structure, or service system, or duly authorized agent may request relief to any of the following: (1) The Florida Building Code, including the city's Administrative Amendments and Technical Amendments; (2) Chapter 4, Article IX, Building, Construction, and Historic Preservation Requirements of the City's Code of Ordinances; or (3) Chapter 4, Article X, Flood Prevention Requirements of the City's Code of Ordinances; or c. Notice of appeal shall be filed within thirty (30) calendar days after the Building Official renders the refuted decision. B. Submittal Requirements. The application form shall be approved by the Building Official and maintained by the Building Division. In order for an application to be considered, it shall be accompanied by all documentation required by the application checklist. C. Review Criteria. The Building Board of Adjustment and Appeals, when so petitioned, and after a hearing, may vary the application of any provision of this Code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the purpose and intent of this or the technical codes or public interest, and also finds all of the following general criteria in subsection 1. below: 1. General Criteria for All Variance Requests. a. That special circumstances exist that are peculiar to the building, structure, or service system involved, and which are not applicable to others; b. That the special conditions and circumstances do not result form the action or inaction of the applicant; c. That granting the variance requested will not confer on the applicant any special privilege that is 2 Page 256 of 544 denied by this Code to other buildings, structures, or service systems; d. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure, or service system; and e. That the granting of the variance will be in harmony with the general intent and purpose of this Code and will not be detrimental to the public health, safety, and general welfare. 2. Special Criteria for Variance Applications Involving Deviations from Flood Prevention Regulations or the Flood Resistant Design Requirements of the Florida Building Code. An applicant for a variance shall submit a showing of good and sufficient cause and that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land (increased costs to satisfy the requirements or inconvenience do not constitute hardship). Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief, and Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. In passing upon such variance requests appeals, the Board shall determine that the granting of the variance will not result in increased flood heights; additional threats to public safety; extraordinary public expense; create nuisance; cause fraud on or victimization of the public; or conflict with existing local laws or ordinances. The Board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of these Land Development Regulations, and: a. The danger that materials may be swept onto other lands to the injury of others. b. The danger to life and property due to flooding or erosion damage. c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. d. The importance of the services provided by the proposed facility to the community. e. The necessity to the facility of a waterfront location, where applicable. f The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. g. The compatibility of the proposed use with existing and anticipated development. h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area. i. The safety of access to the property in times of flood for ordinary and emergency vehicles. j. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site. k. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. 3. Additional Requirements for Flood Prevention Variances. a. Written Notice. Any applicant to whom a variance from the flood prevention requirements has been granted to allow construction of a lowest floor below the required elevation shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation (up to amounts as high as $25 for $100 of insurance coverage) and stating that construction below the base flood elevation increases risks to life and property. b. Historic Buildings and Structures. The repair, improvement, reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or the Boynton Beach Register of Historic Places, are eligible for variances from the flood prevention requirements of the LDR without regard to the procedures set forth in this section upon evidence by the applicant that such actions would not adversely impact the historic designation of the structure. The Director of Development or designee shall maintain the records of granted variances. c. Functionally Dependent Uses. A variance is authorized to be issued for the construction or 3 Page 257 of 544 substantial improvement necessary for the conduct of a functionally dependent use, as defined in Chapter 1, Article II, provided the variance is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. D. Approval Process. An application for variance approval requires review by staff to ensure it is eligible to be considered by the Building Board of Adjustment and Appeals. Once determined to be eligible for consideration, staff shall forward the variance application to the Building Board of Adjustment and Appeals, and such Board will review the request based on the review criteria listed above, and render its decision. See Section 112 of the City's Administrative Amendments to the Florida Building Code for the rules and regulations regarding the operating procedures of the Board. E. Expiration. See Section 112 of the city's Administrative Amendments to the FBC for the rules and regulations regarding the expiration of a variance granted by the Building Board of Adjustment and Appeals. F. Miscellaneous. 1. Conditions of Approval. The Building Board of Adjustment and Appeals may prescribe appropriate conditions and safeguards on the approval of any variance in accordance with Section 112 of the city's Administrative Amendments to the FBC. s has been granted shall be given wr-44ea nottee speeifying the diff-er-enee be:�weea the base flood will be eammeastir-ate with the iner-eased r-isk r-estilting ffam the r-edtieed lowest floor-elevation. r-ester-ation of stmettir-es listed an the National Register-of Histar-ie Plaees, the State laventafy of Histar-ie Development or-designee shall maintain the r-eear-ds of all appeal aetions and r-epai4 s to the "a" above, is the fmatfntifn neeessafy fninifnize flood damage dtir-ing aeetifFeaee of the base flood. (Ord. 10-025, passed 12-7-10; Am. Ord. 13-020, passed 7-2-13) 4 Page 258 of 544 EXHIBIT "C" Chapter 4, Article X, Flood Prevention Requirements. Sec. 1. General. A. Short Title. This article shall hereafter be known and cited as the "City Flood Prevention Code." B. Purpose and Intent. The purpose of this article and the flood load and flood resistant construction requirements of the Florida Building Code (FBC) are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: 1. a. Minimize unnecessary disruption of commerce, access, and public service during times of flooding; b. Require the use of appropriate construction practices in order to prevent or minimize future flood damage; c. Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; d. Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; e. Minimize damage to public and private facilities and utilities; f Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; g. Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; h. Meet the requirements of the National Flood Insurance Program (NFIP)for community participation as set forth in the Title 44 Code of Federal Regulations (44 CFR); and i. To insure that potential homebuyers are notified that property is in a flood area. 2. Methods of Reducing Flood Loss. In order to accomplish its objectives, this article includes methods and provisions that are designed to: a. Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; b. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; c. Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of flood waters; d. Control filling, grading, dredging and other development which may increase erosion or flood damage; and e. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. 3. This article is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced in the Florida Building Code. C. Administration. 1. Administrator. The Building Official is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to interpret and administer this article and may 1 Page 259 of 544 delegate performance of certain duties to other employees. The Floodplain Administrator shall have the authority to render interpretations of this article consistent with the intent and purpose of this article and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this article without the granting of a variance issued in accordance with Chapter 2, Article IV, Section 4. 2. Duties. Duties of the administrator or his designee shall include, but not be limited to: a. Review all development permits to determine whether proposed new development will be located in flood hazard areas to assure that the permit requirements of this article have been satisfied. This includes reviewing applications for modifications of any existing development in flood hazard areas. b. Advise permittee that additional federal or state permits may be required, and if specific federal or state permits are known, require that copies of such permits be provided and maintained on file with the development permit. Such permits include but are not limited to: i. The South Florida Water Management District, section 373.036, F.S. ii. Florida Department of Health for onsite sewage treatment and disposal systems, section 381.0065, F.S. and Chapter 64E-6, F.A.C. iii. Florida Department of Environmental Protection for construction, reconstruction, changes, or physical activities for shore protection or other activities seaward of the coastal construction control line, section 161.141, F.S. iv. Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit, section 161.055, F.S. v. Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers, Section 404 of the Clean Water Act. vi. Federal permits and approvals. c. Notify adjacent communities and the state division of emergency management prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA). d. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. (ineluding basement) of all new or- substantially impr-eved stpdetur-es, in aeear-danee with Ghapte.r- 2, An iAl, Seetien ? f Ver-ify and r-eear-d the aetual elevation (in r-elation to fnean sea level)to whieh the new Al Seetien 2. pilings er-eeltimns in er-der-te withstand veleeity waters and httr+ieftne wft-�e Wash. h. hi eeastal high hazard areas, the administr-ater- shall obtain eet4ifieation for-the e. J-.--Where interpretation is needed as to the exact location of the boundaries of the areas 2 Page 260 of 544 of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the administrator shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Chapter 1, Article VIII, Section 1.D.2. k. When base flead elevation data has not been pr-evided in aeear-danee with Seetion 1.D. below, the administr-ater- shall obtain, review, and reasonably titilize any base flood elevation data available fFafn a federal, state, or-other- satir-ee, in order-to administer-the provisions of this ai4eeS to s2 and 4 below. 1. All r-eear-ds the provisions of this ai4iele shall be maintained in the Depai4fneat of Development and shall be open for-publie in f. fft, Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant. g_ rr. Review applications to determine whether proposed development will be reasonably safe from flooding. h. Issue development permits or approvals for development other than buildings and structures that are subject to the FBC, including buildings, structures and facilities exempt from the FBC, when compliance with this article is demonstrated, or disapprove the same in the event of noncompliance. i. Coordinate with and provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this article. 3. Substantial Improvement and Substantial Damage Determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall: a. Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; b. Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure; c. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and d. Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the FBC and this article is required. 4. Modifications of the strict application of the requirements of the Florida Building Code. The Floodplain Administrator shall review requests submitted to the Building Official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Chapter 2, Article IV, Section 4. 5. 4 Notice and Orders. The Bttilding Offieial Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to 3 Page 261 of 544 ensure compliance with this article. 6. Inspections. The Floodplain Administrator shall make the required inspections for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code and manufactured homes. The Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit. 7. Other Duties. The Building Offieial Floodplain Administrator shall have other duties, including but not limited to: a. Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage; b. Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA); c. Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps (FIRM)if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six (6) months of such data becoming available; d. Review required design certifications and documentation of elevations specified by this e article and the FBC and this article to determine that such certifications and documentations are complete; e. Notify FEMA when the corporate boundaries of the city are modified; and f. Advise applicants for new buildings and structures, including substantial improvements, that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act(Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-590 that federal flood insurance is not available on such construction; areas subject to this limitation are identified on the FIRM as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas." g. Floodplain Management Records. Regardless of any limitation on the period required for retention of public records, the Bttilding Offieial Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this e article and the flood resistant construction requirements of the FBC, including FIRM; Letters of Map Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the FBC and this article ems: notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this e article and the flood resistant construction requirements of the FBC. These records shall be available for public inspection at the Development Department. D. Applicability. 1. Scope. This article applies to all development of real property located within the city, including areas of special flood hazard. Development shall include but not be limited to the subdivision of land; filling, grading, and other site improvements and utility installations; 4 Page 262 of 544 construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; plaeomeat of - eati ,na ..ehiele; installation of swimming pools; and any other development. 2. Basis for Establishing Flood Hazard Areas. The Flood Insurance Study (FIS)for Palm Beach County, Florida and Incorporated Areas dated October 5, 2017 the Goy .,f i2.,..nto Be h dated Mar-Eh 31,1992, and all subsequent amendments and revisions, and the accompanying FIRMS 120196 0001 0005 dated September-30 1992, and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this article and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file in the Development Department at the city. 3. Additional Data to Establish Flood Hazard Area. To establish flood hazard areas and base flood elevations pursuant to this article the Building Offieial Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations: a. Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this o article and, as applicable, the requirements of the FBC. b. Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change (LOMC)that removes the area from the special flood hazard area. E. Terms and Definitions. See Chapter 1, Article 11 for all applicable terms and definitions which pertain to the regulations and standards contained herein. F. Rules. 1. Compliance. No structure or land shall hereafter be located, extended, converted, or structurally altered without full compliance with the terms of this article and other applicable regulations. 2. Abrogation. This article supersedes any ordinance in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the FBC. In the event of a conflict between this e article and any other ordinance, the more restrictive shall govern. This article shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this article. 3. Interpretation. In the interpretation and application of this article all provisions shall be: a. Considered as minimum requirements; b. Liberally construed in favor of the governing body; and c. Deemed neither to limit nor repeal any other powers granted under state statutes. G. Conflict. Whenever the regulations and requirements of this article Code conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall apply, unless otherwise stated herein. The provisions of this article shall not be deemed to nullify any provisions of local, state, or federal law. H. Relief from Requirements. Unless described otherwise, any deviation from the flood 5 Page 263 of 544 prevention regulations contained herein shall require approval of variance application, which is subject to review and approval by the Building Board of Adjustment and Appeals. A request for a variance shall be reviewed in accordance with Chapter 2, Article IV, Section 4. I. Warning and Disclaimer. The degree of flood protection required by this article and the FBC, as amended by this community, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man made or natural causes. This a article does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the FIS and shown on FIRM and the requirements of 44 CFR may be revised by the FEMA, requiring this community to revise these regulations to remain eligible for participation in the NFIP. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this o article. This article shall not create liability on the part of the city or by any officer or employee thereof for any flood damage that results from reliance on this e article or any administrative decision lawfully made thereunder. Sec. 2. City Approval Required. Any owner or owner's authorized agent who intends to undertake any development activity within the scope of this article, which is wholly within or partially within any flood hazard area shall first make application to the Building Offieia Floodplain Administrator or designee and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this article and all other applicable codes and regulations has been satisfied. Flood zone elevation certification shall be required for improvements in applicable flood zones, and reviewed in accordance with the procedures set forth in Chapter 2, Article IV, Section 2 for any type of building permit application that upon its completion, would result in the issuance of a certificate of occupancy. With respect to building and land development permits, the site plan or construction documents for any development subject to the requirements of this article shall be drawn to scale and shall include, as applicable to the proposed development: A. Development in Flood Hazard Areas. 1. Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development. 2. Where base flood elevations, or floodway data are not included on the FIRM or in the FIS, they shall be established in accordance with Section 2.13. or Section 2.C. below. 3. Where the parcel on which the proposed development will take place will have more than fifty (50)lots or is larger than five (5) acres and the base flood elevations are not included on the FIRM or in the FIS, such elevations shall be established in accordance with Section 2.13. below. 4. Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas, new buildings shall be located landward of the reach of mean high tide. 5. Location, extent, amount, and proposed final grades of any filling, grading, or excavation. 6. Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. 7. Delineation of the Coastal Construction Control Line (CCCL) or notation that the site is seaward of the coastal construction control line, if applicable. 6 Page 264 of 544 8. Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection. 9. Existing and proposed alignment of any proposed alteration of a watercourse. The Building Offieial Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this article, but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this o article. B. Information in Flood Hazard Areas without Base Flood Elevations (Approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator shall: 1. Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices. 2. Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source. 3. Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Building Offs is Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate: a. Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or b. Specify that the base flood elevation is two (2)feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two (2)feet. 4. Where the base flood elevation data are to be used to support a LOMC from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees. C. Additional Analyses and Certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents: 1. For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 2.C.6. 2.G.5. below and shall submit the Conditional Letter of Map Revision (CLOMR), if issued by FEMA, with the site plan and construction documents. 2. For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the FIS or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1)foot at any point within the community. This requirement does not apply in isolated flood hazard areas not 7 Page 265 of 544 connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. 3. Where small streams exist, but where no base flood data has been provided or where no floodways have been provided, no encroachments, including fill material or structures, shall be located within a distance of the stream bank equal to five (5)times the width of the stream at the top of bank or twenty (20)feet on each side from top of bank, whichever is greater, unless certification by a Florida registered engineer is provided demonstrating that such encroachments will not result in any increase in flood levels during the occurrence of the base flood discharge. 4. For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to FEMA as specified in Section 2.C.6. 2.G.5. below. 5. 4. For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (Zone V), an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage. 6. -5- When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMS, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. Sec. 3. Minimum Finished Floor Elevation (Non-Flood Hazard Area). The finished floor elevation of all habitable space of new construction not located in a flood_ hazard areae shall be elevated a minimum of twelve (12)inches above the average crown height of the adjacent roadway. The finished floor elevation of all habitable space of building additions and/or substantial improvements not located in a flood hazard area zone shall be no lower than the existing finished floor elevation. Sec. 4. Minimum Lowest Floor in Areas of Indeterminate Drainage (Zone ,_,X001inimum Requirements and Higher Regulatory Standards for Flood— Hazard Areas. In areas of indeterminate drainage subject to sheet flow (Zone AO), lowest floors shall be at or above the elevation specified in the Florida Building Code or at least 2 feet above the average crown of road, whichever is higher. T„ all areas of speeial flood hazard the f llo w;v,., � are -e . i n,,ehe fl 1 1 f the tftl.t,,-o m7c&t�6i�, C� S�vi rc'�t2�irrziivPcriicnc-vrzrrcscruccm� 3. Delign. 8 Page 266 of 544 pr-aetiees that minimize flead damage, b. Eleetr-ieal, heating, ventilation, plumbing, air-eanditioning equipment, and ather- sef-vi f4eilities shall be designed afid/Ew Weated sa as to pr-event water-ffE)ffl en jfflulating with„„ the eampefiefits du--inn ,,,bons „ffI,,,,,ak+ e. AA! fiew and r-eplaeeffiefit water- supply systems shall be designed tE) fflinifflize EW d. New and r-eplaeeffiefit sani I I — systems shall be designed to minimize Ew fle 4. On Site Waste Dispesal Systems. On site waste dispesal systems shall be leeft+ed te eenstmetier" "-seen e ; this .,4 1 ccrm-crrro-zcrcrEn. • (12) ifiehes above the base flead elevation (BFE). However-, any proposed building addition flear-, ifieluding basement, elevated to the BFE in aeear-dafiee with 4 4 GFR. Should solid faeilitate " . . ,A movements of fleadwater-s shall be provided in aeear-dafiee with standar-ds of Seetion 4.B.2. belew. with walls substantially iffipefmeable to the passage E)f water-and With stat6ttir-al 6EWIpEffiefits buoyaney. A registered pr-afessional efigineer-Ew ar-ehiteet shall eei4if-y that the standar-ds E)f this stibseetienar-esa+isfied. Seek eei4iffea+ien shall be pr-evided asset fei4h in Chapter-2, Ai4iele Al, Seetion 2.B. buildings that ifieltide flilly efielesed areas for-med by fatifidation and ather-eEter-iar-walls belaw the base i4eed eleva+ien shall be designed te pr-eeltide finished living spaee and designed te allew .,t er- „11 a. Designs for- eamplying with this r-equir-effiefit must either-be eei4ified by a pr-afessional (1) Provide a miniffitim a4wa (2) apenings ha-ving a total fiet area of fiat less than One (2) The bat4am of all apenings shall be fie higher-than efie (1) feet above gr-ade; and (3) Openings may be eEIttipped with ser-eens, letiver-s, valves er-ether-eever-ings ef: vehieles (gar-age door-) or-limited star-age of maintefianee eq 1 in eanneetion with the 9 Page 267 of 544 separate aeffis. elevation. G. 490646tyw. The fallowing pr-evisions shall apply to fleadways within areas E)f speeial flead hazard established her-eifibefafe�. ather-development tifiless eet4ifieation (with stippai4ifig teehfiieal data)by a Fier-ida registered . provided deffiefistr-atin that efier-aaehments shall fiat r-estilt in any ifier-ea e in flood 2. If Seetion 4.G.1. above is satisfied, all fiew eanstmetion and substantial iff1pr-Ovefflefits shall eamply with all applieable flood hazard r-edtietion pr-evisions of this al4iele. 3. may be plaeed an a Wt in an existing mantifaettir-ed hame par4E or- subdivision provided the D. Coa4a!,Wigh (V Zones). beeated within the areas of speeial i4ead hazard flead hazards asseeiated with wave wash; therefore, the fell-M--- -sions shall apply. 1. All beildings er- stfttePdr-es shall be leea+ed landwar-d ef the r-eaek ef the Mean high tide (exeluding pilings or-ealtiffifis) is laeated fie lower-than the base floodd ieiievatti A-4a level, with ag- designed te wash away in the event ef abner-mal wa-ve ae 3 All buildings o stmettir-es shall be s -ole, aneher-ed ., pilings o al,,,ti,, s 4. All pilings and eeltimns and the c44aehed stmeter-es shall be aneher-ed te resist , eallapse, and later-a! movement due to the eff-eet of wifid and water-leads aeting siffltiltafleati4� en all beilding eempenents. The aneher-ing and stippei4 system shall be designed with wind a water-leading valties whieh equal or-exeeed the One hundr-ed (100) year-mean rwtir-r-efiee ifitef-val 0 5. A Fier-ida registered efigineer-or-ar-ehiteet shall eei4if-y that the design, speeifieations and 6. Ne fill shall be tised as stmetiwal stippei4. Nen eempaeted fill may be tised ar-etind the E)f a building for-landseaping/aesthetie pur-poses provided the fill will wash atit fFam leading fe g eff-eets or-wave defleetion. The Depai4ffiefit of Development shall analysis by ar-eh4ee+ afid/Ew sail seiefitist, whieh deffiefistr-ates that the fallowing a. Pai4iele eamposition E)f fill mater-ial does fiet have a teadeney for-exeessive fiattir-al 10 Page 268 of 544 e. Slope .,f 1';11 x;11 not 7. hi eeastal high hazard areas;- A-4-q- le�- q--A4-q-.d dulines and mangr-eve stands shall be Pr-ateetion and only if the engineering analysis r-equir-ed by Seetion 2.G. above demeastr-ates that r-ester-ation E)f dtines tinder-Ew ar-Emad elevated buildings and statetur-es shall eamply with the r-egulations eantained her-ein. There shall be ne alter-ation E)f sand dtines E)r-mangr-eve stands 9. ba4tiee war-k Ew deear-afivp q . hall be allowed belaw the base flead elevation br-eakaway, tinder-abner-mally high tides Ew wave aetion, withatit damage 4)the stftWtHfal the building E)a whieh they are to be used and pr-E)vided the fallowing design speeifieationsareof a. Ne selid walls shall be allFiwed; and b. Materi-a shall eansist 6f•,,,,,,,a Ew mesh ser-eening only. for-human habitation. her-ing and elevation standards of this ..1,apte- ., et Seeders 4.D.8. n,a 4.D.9. at,ey established in Seetien 1.F. are areas designa+ed as shallew fleeding. These areas ha-ve speeial flead hazards asseeiated with base flead depths of one (1)to three (3) feet where a elear-ly stmettir-es and sef-viee systems shall have the lowest flaar-, ineludifig baseffiefit, eleVated 4) the higher, For-additions and/or- substantial impr-evements, the lowest floor-, ineluding basement shall be fie lewer-than the &Eisting finished fleer-eleva+iefl. 2. Non residential Stmettir-es. All new eanstmetion and substantial ts of Ron a. Have the lowest flear-, ineluding basement and s is, elevated to the depth speeified, the lowest floor-, ineluding basement, of new eanstmetion shall be elevated at least:�Wa additions and/or- substantial impr-evements, the lowest flear-, ineludifig basement, shall be He 11 Page 269 of 544 b. Be eampletely flead pr-aafed to E)r-above that levei se that any spaee belaw that level has watei4ight walls substantially impefmeable to the passage of water-; stmetur-al eampefients F. Ninq4 N#eams. Wher-e small streams &Eist, but where fie base flead data has been pr-avided E)r-where fie fleadways have been pr-avided, the fallowing pr-evisions app!�- within a distanee of the str-eam bank equal to five (5)times the width of the s4eam at the top of bank ar-:�wefity (20) feet an eaeh side ffam top of bank, whiehever-is greater-, tifiless eel4ifieation- stmetur-es shall be elevated E)r-flead pr-aafed in aeear-dafiee with elevations established M aeee aeetien 1.G.24—ate e. l hazard area, buildings and stmettir-es shall be designed and eanstmeted to eamply with the me Sec. 5. Specific Requirements by Type of Improvement or Development. A. Site Improvements, Utilities and Limitations. 1. General. All proposed new development shall be reviewed to determine that: a. Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; b. All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and c. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. 2. Sanitary Sewage Facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on-site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in FAC Chapter 64E-6 and ASCE 24, Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into floodwaters, and impairment of the facilities and systems. 3. Water Supply Facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in FAC Chapter 62-532.500 and ASCE 24, Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. 4. Limitations on Placement of Fill. Subject to the limitations of this e article, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, if intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the FBC. 12 Page 270 of 544 5. Limitations on Sites in Regulatory Floodways. No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section 2.C.1 of this article demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation. B. Subdivision Standards. 1. General. The following provisions shall apply for all subdivision proposals: a. All subdivision proposals shall be consistent with the need to minimize flood damage. b. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. d. Base flood elevation data shall be provided for subdivision proposals and other proposed development which contains more than fifty (50)lots or is larger than five (5) acres. e. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. 2. Subdivision Plats. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required: a. Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats ; b. Where the subdivision has more than fifty (50)lots or is larger than five (5) acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with the requirements contained herein; and c. Compliance with the site improvement and utilities requirements contained herein of this a article C. Manufactured Homes. 1. General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to F.S. § 320.8249, and shall comply with the requirements of FAC Chapter 15C-1 and the requirements of this article. If located seaward of the CCCL, all manufactured homes shall comply with the more restrictive of the applicable requirements. 2. Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that: a. In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in accordance with the foundation requirements of the FBC, Residential Section R322.2 and this article. Foundations for manufactured homes subject to Section 5.C.6 below are permitted to be reinforced piers or other foundation elements of at least equivalent strength. b. In coastal high hazard areas (Zone V), are designed in accordance with the foundation requirements of the FBC, Residential Section R322.3 and this article. 3. Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance. 13 Page 271 of 544 4. Elevation. Manufactured homes that are placed, replaced, or substantially improved shall comply with Section 5.C.5. or aPA Section 5.C.6. below, as applicable. 5. General Elevation Requirement. Unless subject to the requirements of Section 5.C.6. below, all manufactured homes that are placed, replaced, or substantially improved on sites located: 1) outside of a manufactured home park or subdivision; 2)in a new manufactured home park or subdivision; 3)in an expansion to an existing manufactured home park or subdivision; or 4)in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the FBC, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V). 6. Elevation Requirement for Certain Existing Manufactured Home Parks and Subdivisions. Manufactured homes that are not subject to Section 5.C.5. of this article, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the: a. Bottom of the frame of the manufactured home is at or above the elevation required, as applicable to the flood hazard area, in the FBC, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V); or b. Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than thirty-six (36)inches in height above grade. 7. Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the FBC, Residential Section R322 for such enclosed areas, as applicable to the flood hazard area. 8. Utility Equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the FBC, Residential Section R322, as applicable to the flood hazard area. D. Tanks. 1. Underground Tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty. 2. Above-Ground Tanks, Not Elevated. Above-ground tanks that do not meet the elevation requirements of Section 5.13.3. below shall: a. Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris. b. Not be permitted in coastal high hazard areas (Zone V). 3. Above-Ground Tanks, Elevated. Above-ground tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area. 4. Tank Inlets and Vents. Tank inlets, fill openings, outlets and vents shall be: 14 Page 272 of 544 a. At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and b. Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. E. Buildings and Structures. 1. Buildings, structures, and facilities that are exempt from the Florida Building Code. Buildings, structures, and facilities that are exempt from the Florida Building Code,including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of Section 5.F below. 2. Buildings and structures seaward of the coastal construction control line. If extending, in whole or in part, seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area: a. Buildings and structures shall be designed and constructed to comply with the more restrictive applicable requirements of the Florida Building Code, Building Section 3109 and Section 1612 or Florida Building Code, Residential Section R322. b, Minor structures and non-habitable major structures as defined in section 161.54, F.S., shall be designed and constructed to comply with the intent and applicable provisions of this ordinance and ASCE 24. F. Other Development. 1. General Requirements for Other Development. All development, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in this article or the Florida Building Code, shall: a. Be located and constructed to minimize flood damage, b. Meet the limitations of Section 5.A.5 of this article if located in a regulated floodway, c. Be anchored to prevent flotation, collapse or lateral movement resultingfrom rom hydrostatic loads, including the effects of buoyancy, during conditions of the design flood, d. Be constructed of flood damage-resistant materials, and e. Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations. 2. Fences in Regulated Floodways. Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 5.A.5 of this article. 15 Page 273 of 544 3. Retaining Walls, Sidewalks and Driveways in Regulated Floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of Section 5.A.5 of this article. 4. Roads and Watercourse Crossings in Regulated Floodways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of Section 5.A.5 of this article. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 2.C.1 of this article. 5. Concrete Slabs Used as Parking Pads, Enclosure Floors, Landings, Decks, Walkways, Patios and Similar Nonstructural Uses in Coastal High Hazard Areas (Zone V). In coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs are designed and constructed to be: a. Structurally independent of the foundation system of the building or structure, b. Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure, and c. Have a maximum slab thickness of not more than four(4)inches. 6. Decks and Patios in Coastal High Hazard Areas (Zone V). In addition to the requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall be located, designed, and constructed in compliance with the following_ a. A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the design flood elevation and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased loads resulting from the attached deck. b. A deck or patio that is located below the design flood elevation shall be structurally independent from buildings or structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the building or structure or to adjacent buildings and structures. c. A deck or patio that has a vertical thickness of more than twelve (12)inches or that is constructed with more than the minimum amount of fill necessary for site drainage shall not be approved unless an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to the building or structure or to adjacent buildings and structures. d. A deck or patio that has a vertical thickness of twelve (12)inches or less and that is at natural grade or on nonstructural fill material that is similar to and compatible with local soils 16 Page 274 of 544 and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave runup and wave reflection. 7. Other Development in Coastal High Hazard Areas (Zone V). In coastal high hazard areas, development activities other than buildings and structures shall be permitted only if also authorized by the appropriate federal, state or local authority, if located outside the footprint of, and not structurally attached to, buildings and structures, and if analyses prepared by qualified registered design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to: a. Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures, b, Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters, and C. On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled systems or mound systems. 8. Nonstructural Fill in Coastal High Hazard Areas (Zone V). In coastal high hazard areas: a. Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings. b. Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. c. Where authorized by the Florida Department of Environmental Protection or applicable local approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection if the scale and location of the dune work is consistent with local beach-dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building. Sec. 6. Appeals. The Building Board of Adjustment and Appeals shall hear and decide on requests for appeals from the strict application of this article and of the flood resistant construction requirements of the FBC, excluding Section 3109 or latest supplement thereof. Sec. 7. Penalties. The city or any other legal authority shall enforce any violation of this article pursuant to the penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development Regulations. 17 Page 275 of 544 EXHIBIT"D" Description Number Date 1. Flood Insurance Study(FIS) 12099CV000A October 5, 2017 Description Map Number Date 1. Flood Insurance Rate Map (FIRM) Index 12099CINDIA October 5, 2017 2. Flood Insurance Rate Map (FIRM) Index 12099CIND2A October 5, 2017 3. Flood Insurance Rate Map (FIRM) 12099C0778F October 5, 2017 4. Flood Insurance Rate Map (FIRM) 12099C0779F October 5, 2017 5. Flood Insurance Rate Map (FIRM) 12099C0783F October 5, 2017 6. Flood Insurance Rate Map (FIRM) 12099C0786F October 5, 2017 7. Flood Insurance Rate Map (FIRM) 12099C0787F October 5, 2017 8. Flood Insurance Rate Map (FIRM) 12099C0788F October 5, 2017 9. Flood Insurance Rate Map (FIRM) 12099C0789F October 5, 2017 10. Flood Insurance Rate Map (FIRM) 12099C0791F October 5, 2017 11. Flood Insurance Rate Map (FIRM) 12099C0793F October 5, 2017 12. Flood Insurance Rate Map (FIRM) 12099C0976F October 5, 2017 13. Flood Insurance Rate Map (FIRM) 12099C0977F October 5, 2017 14. Flood Insurance Rate Map (FIRM) 12099C0981F October 5, 2017 All FIRM Maps and FIS Report are available online for viewing at h sc.fema.gov portal advanceSearch Page 276 of 544 WPM �-I O1 � x 4-j O mom ........ LLM 1 4 t 1 4 5 f41 f. r- i( t CU a) NO u a� f' 0 v +, T VVV T !!�� U +�i }.�n�T •1� Fr a) CU 4-j 7 � U � •� � � w � co Il- CU ZjCU u CU `� a) 4 Ucu u •+' ,� p O 4-j O � Zj cu W bjD i� a � q) ate-+ cuCU � � CU O .� •O �� _O �' _O �O � K-4-� �4 w w • w w �. 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MS « , s iN a` S11YTdi, 1R, # i�' , �P 1F , bb O 4-j LO � o co U N o c co j rt. 1F , 't t t�! I F' y` f LO45 sit 1 .� N v I s O v I 03; �P To 9.B. PUBLIC HEARING 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-023 - FIRST READING -Approve LDRAmendments Group 3/CRA Plan Implementation (CDRV 17-007)—Amending the LAND DEVELOPMENT REGULATIONS, Chapters 1, 3, and 4 to continue implementing Community Redevelopment Plan recommendations with changes in the future land use classification scheme, and establishment of the new R-4, Multi-family Residential Zoning District including amendments and additions to definitions, and use and lot standards. City initiated. EXPLANATION OF REQUEST: The Boynton Beach CRA Community Redevelopment Plan was adopted on October 4th, 2016 and is now being implemented through incremental amendments to the Comprehensive Plan and Land Development Regulations, and will soon undergo a more comprehensive implementation through, in part, an LDR audit to be completed later this year. These proposed amendments primarily involve the future land use (FLU) and zoning district schemes including the merging of certain future land use classifications and zoning districts, establishment of a new future land use classification and zoning district, and minor changes to the titles of the mixed use future land use classifications and corresponding zoning districts. These recommendations are detailed in Tables#1 and #2 of Section "C" of the CRA Plan, and are listed below. • The elimination of the Moderate Density Residential (MoDR) future land use classification and placement of the corresponding zoning districts under the Low Density Residential (LDR) classification; • The increasing of the maximum density allowed in the "High Density Residential' (HDR) future land use classification to 15 dwelling units per acre, along with establishment of a new corresponding zoning district, R-4, Multi-family Residential, to bridge the density gap between the Medium Density Residential (11 dus/acre) and Special High Density Residential (20 dus/acre)future land use classifications; • Movement of the R-3 Multi-family Zoning District from under the HDR Future Land Use Classification to correspond with the McDR FLU Classification. • The conversion of the suburban and urban future land use classification scheme into a single group of mixed use districts applicable city-wide, through elimination of the "Mixed Use Suburban" and "Mixed Use" classifications, replacement with the Mixed Use Low (MXL) and Mixed-Use Medium (MXM) classifications, and renaming "Mixed Use Core" "Mixed Use High" (MXH); • The insertion of references to the Workforce Housing Program to coincide with the recent amendments to, and status of this City program; and • General edits or "clean-up" amendments to provide proper reference to or description of the new CRA Redevelopment Plan, improve clarity, and eliminate redundancy. Staff proposes these LDR amendments to continue implementing the CRAs new Community Redevelopment Plan and to support continued quality development and redevelopment of the downtown and remaining CRA area. The Planning & Development Board reviewed this item on August 22, 2017 and forwards it with a recommendation for approval. Page 285 of 544 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? NA FISCAL IMPACT: Proposed amendments will increase development opportunities and at greater development densities thereby contributing to increased application and processing revenues and ultimately, increased land values. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Completion of the CRA Plan has been in the City's Strategic Plan since 2015. This item furthers the Plan with timely implementation. CLIMATE ACTION: CLIMATE ACTION DISCUSSION: NA Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance amending LDRs CRA Plan implementation D Staff Report Staff Report D Exhibit Exhibit"A" ® Proposed Amendments Page 286 of 544 I ORDINANCE NO. 17- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 4 AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1, 5 ARTICLE 11,"DEFINITIONS"; AMENDING CHAPTER 1,ARTICLE HI, 6 "RELATIONSHIP TO COMPREHENSIVE PLAN"; AMENDING 7 CHAPTER 3, ARTICLE 1, "OVERVIEW"; AMENDING CHAPTER 3, 8 ARTICLE IH, "ZONING DISTRICTS & OVERLAYS"; AMENDING 9 CHAPTER 3, ARTICLE IH, SECTION 1, "OVERVIEW"; AMENDING 10 CHAPTER 3, ARTICLE HI, SECTION 2, "RESIDENTIAL DISTRICTS"; 11 AMENDING CHAPTER 3, ARTICLE III, SECTION 5, "MIXED-USE 12 (URBAN) DISTRICTS"; AMENDING CHAPTER 3, ARTICLE HI, 13 SECTION 8,"OVERLAY ZONES";AMENDING CHAPTER 3,ARTICLE 14 V. "SUPPLEMENTAL REGULATIONS"; AMENDING CHAPTER 4, 15 ARTICLE III, "EXTERIOR BUILDING AND SITE DESIGN 16 STANDARDS"; AMENDING CHAPTER 4, ARTICLE V. "MINIMUM 17 OFF-STREET PARKING REQUIREMENTS"; AMENDING CHAPTER 18 3, ARTICLE IV, SECTION 3.D, "ZONING MATRIX"; AMENDING 19 CHAPTER 3, ARTICLE IV, SECTION 3.D., "ZONING MATRIX 20 NOTES"; PROVIDING FOR CONFLICTS, SEVERABILITY, 21 CODIFICATION AND AN EFFECTIVE DATE. 22 23 WHEREAS, the Boynton Beach CRA Community Redevelopment Plan was adopted by 24 the City Commission on October 4, 2016 and is now being implemented through incremental 25 amendments to the Comprehensive Plan and Land Development Regulations; and 26 WHEREAS, these proposed amendments primarily involve the future land use (FLU) 27 and zoning district schemes including the merging of certain future land use classifications and 28 zoning districts, establishment of a new future land use classification and zoning district and 29 minor changes to the titles of the mixed use future land use classifications and corresponding 30 zoning districts; and 31 WHEREAS, staff proposes these amendments to continue implementing the CRA's new 32 Community Redevelopment Plan and to support continued quality development and 33 redevelopment of the downtown and remaining CRA area; and 34 WHEREAS, the City Commission has considered the recommendations and has - l- C:;.P fxas'�crn f�'i,l ,� k _j,jo viaxona doi ,C f>n,,v :r l o t:in� "v\D ;?t C��t.};s,�=,-k t k--f`C is it.f t },i[ .�i�,},C i7 11O a ;c,�_ci1—._ 99 I.0 onu nun is ,:. ..If n 1Et III'm � uli Land t :fi —11,�i� �sszt �fx � 4c, Page 287 of 544 35 determined and finds that it is in the best interest of the citizens and residents of the City of 36 Boynton Beach, Florida to approve the amendments to the Land Development Regulations as 37 contained herein. 38 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 39 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 40 Section 1. The foregoing whereas clauses are true and correct and are now ratified and 41 confirmed by the City Commission. 42 Section 2. The Land Development Regulations of the City of Boynton Beach Code 43 of Ordinances is hereby amended as reflected in Exhibit "A" attached hereto and incorporated 44 herein. 45 Section 3. Each and every other provision of the Land Development Regulations not 46 herein specifically amended, shall remain in full force and effect as originally adopted. 47 Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict 48 with any provisions of this ordinance are hereby repealed. 49 Section 5. Should any section or provision of this Ordinance or any portion thereof 50 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 51 remainder of this Ordinance. 52 Section 6. Authority is hereby given to codify this Ordinance. The City Clerk is 53 directed to work with the Land Development Regulations publisher to consolidate this ordinance 54 and the exhibit for publication. 55 Section 7. This Ordinance shall become effective immediately. 56 FIRST READING this day of , 2017. 57 SECOND, FINAL READING AND PASSAGE this day of 2017. -2- C: ;.Pfxas'�crn f>„,€st: 4' €,t._9 99I.CConu,isun is If n 1Et 4'Im �Fuli Land t :o . nmiszt �fx � 4c Page 288 of 544 58 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 76 ATTEST: 77 78 79 80 Judith A. Pyle, CMC 81 City Clerk 82 83 84 85 (Corporate Seal) 86 87 -3- C: ;.Pfxas'�crn f>„,€st: 4' €,t._9 99 I.CConu,isun is If n 1Et 4'Im �Fuli Land t :o . nmiszt �fx � 4c Page 289 of 544 ' DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 17-046 TO: Chair and Members Planning& Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: August 16, 2017 RE: LDR Amendments Group 3/CRA Plan Implementation (CDRV 17- 007) — Amending the LAND DEVELOPMENT REGULATIONS, Chapters 1, 3, and 4 to continue implementing Community Redevelopment Plan recommendations with changes in the future land use classification scheme, and establishment of the new R-4, Multi- family Residential Zoning District including amendments and additions to definitions, and use and lot standards. OVERVIEW The Boynton Beach CRA Community Redevelopment Plan was adopted on October 4t', 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. Prior amendments processed or in progress include establishing the MU-4 Mixed Use-4 Zoning District(adopted in January, 2017), and the pending establishment of the Cultural District and Boynton Beach Boulevard District Overlays (temporarily on-hold in the public hearing stage). These recommendations are primarily amendments to the future land use (FLU) and zoning district schemes including the merging of certain future land use classifications and zoning districts, establishment of a new Future Land Use classification and zoning district, and minor changes to the titles of the mixed use future land use classifications and corresponding zoning districts. These recommendations are detailed in Tables #1 and #2 of Section "C" of the CRA Plan, and are described in further detail below. - 1 - Page 290 of 544 EXPLANATION Changes in FLU and zoning district titles, or the establishment of a new classification or zoning district affects nearly all chapters of the City's Land Development Regulations (LDR). Regardless how minor or simple such changes may be, many chapters, sections and tables within the LDR are affected and must be updated simultaneously to maintain a cohesive document. Although each specific section and page is not described in this report (see attached Exhibit"A" for each amendment), the different types of amendments proposed are each summarized as follows: • The elimination of the Moderate Density Residential (MoDR) Future Land Use Map classification and placement of the corresponding zoning districts under the Low Density Residential (LDR) Classification and using the maximum density threshold from the MoDR classification of 7.5 units per acre; • The establishment of a new "High Density Residential" (HDR) Land Use Classification with a maximum density of 15 dwelling units per acre, along with the establishment of a new corresponding zoning district, R-4, Multi-family Residential, to bridge the density gap between the Medium Density Residential (11 dus/acre) and Special High Density Residential (20 dus/acre) future Land Use Map classifications. Building and site development standards must also be established for the new zoning district which mostly match the standards of the R-3 Zoning District, except that a slightly lower minimum unit size is proposed to, in part, support current market trends. A slightly higher maximum lot coverage standard (50%) is proposed to correspond with denser development characteristics and land values in the targeted environments. Zoning uses proposed to be assigned to the new R-4 District also generally reflect the R-3 District uses except for the exclusion of commercial uses. Commercial uses are shown assigned to the R-3 District as part of the original Ocean Avenue Overlay District. The new R-4 District is not proposed as part of the new overlay area and therefore is not intended to for commercial or mixed use development. • The conversion of the four (4) urban and suburban land use classifications into a single, 3-classification system which simple entails elimination of the "Mixed Use Suburban" classification, and renaming Mixed Use Core (MX-C) Mixed Use High (MXH). The resulting system includes MX-L, MX-M, and MX-H. • The insertion of references to the Workforce Housing Program to coincide with the recent amendments to, and status of this City program. • General edits or "clean-up" amendments to provide proper reference to or description of the new CRA Redevelopment Plan, improve clarity, and eliminate redundancy. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to continue implementing the CRAB new Community Redevelopment Plan and to support continued quality development and redevelopment of the downtown and remaining CRA area. Attachments S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\EDR Amendments Group 3\StaffReport.doc -2 - Page 291 of 544 EXHIBIT "A" LDR AMENDMENTS GROUP 3 / CRA PLAN IMPLEMENTATION Code of Ordinances, Part III. LDR,Ch 1,Art. II. Definitions MIXED USE ZONING DISTRICT-Whenever the words "mixed use district" or"mixed use zoning district" are used, they are construed to include any or all of the following zoning districts: SMU suburban mixed use; MU-Ll MeRixed U44se_-w !9W iRteRSity 1; MU-4=2 Mixed t4llse-wm_4ew4PA�-_"2; MU-L-3 Mixed U.44se----19w iRteRsity 3; M l!-4 M ixed lls ---4 and MU-4C MeRixed lyse-"*.^" i^+^hitt ,gore PLANNED ZONING DISTRICT-A zoning district in which the zoning of the is accompanied by and conditioned upon an approved master plan for the use and/or development of the property. Whenever the words "planned district" or "planned zoning district" are used, they are construed to include any or all of the following zoning districts: IPUD infill planned unit development; PUD planned unit development; MHPD mobile home planned development; PCD planned commercial development; SMU suburban mixed use; MU-1=1 MeRixed U44se_-_-l9W iRteRSity 1; MU-L-2 MeRixed U44se_m_- !9W iRteRsity 2; MU-1=3 MeRixed Uese- -19W iRteRsi+. 3; L!-.4 Mixed Use-- 4;_MU44C MeRixed U.44se-high iRteRsityCore; and PID planned industrial development. RESIDENTIAL ZONING DISTRICT-Whenever the words "residential district" or"residential zoning district" are used, they are construed to include any or all of the following zoning districts: R-1-AAB single-family residential; R-1-AA single-family residential; R-1-A single-family residential; R-1 single-family residential; R-2 single and two-family residential; R-3 multi-family residential• P- multi-.a it res cent aI IPUD infill planned unit development; PUD planned unit development; or MHPD mobile home planned development. Page 292 of 544 Code of Ordinances, Part III. LDR,Ch 1,Art. III. Relationship to Comprehensive Plan Sec. 5. Future Land Use Map (FLUM). B. FL UM Classifications and Corresponding Zoning Districts (Table ]-]). The following table shows the future land use map classifications and their corresponding zoning districts: Future Land Use Map(FLUM)Classification (including maximum dwelling units per acre) oning isriicts [m1 F Ie$R I€jj)j LLI SHDR EV' ATX NI:" ..:: (5) ( (1� 20 oC LRC GC MXi MXN! M H I R PPGI DRI (7.5) ) (11) (15) ( ) (20) (405!D (80) �_l-AAB 5 �2 1-AA �.::�. -1-A 6 46 I -1 7.? s�5 �_2 110 3 _:l PUD UD HPD -1 _2 -3 -4 BD CD MU U__L1 U--L2 %4U-L3 U-4 U�4f' 1 ID C U Page 293 of 544 Future Land Use Map Classifications: LDR: Low Density Residential 4XS: Mixed Use Subur-ban--M X L: M ix e d 1.1 s e L o ....................... ...................... ...... ............. ME)DR: Maderate Pensitt,Residei4ial MX: Mi*ed Use MeDR: Medium Density Residential MX-C--H.: Mixed Use G4ej HDR: High Density Residential 1: Industrial SHDR: Special High Density Residential R: Recreation OC: Office Commercial PPGI: Public&Private Goverm-nent/Institutional LRC: Local Retail Commercial DRI: Development of Regional Impact GC: General Commercial Page 294 of 544 Code of Ordinances, Part III. LDR,Ch. 3,Art. I. Overview Sec. 4. Official Zoning Map C. Establishment of Zoning Districts. The City of Boynton Beach is hereby divided into zoning districts as follows and as delineated on the official zoning map which, together with all explanatory matter thereon, is hereby declared a part of the official zoning regulations: R-1-AAB Single-family residential district R-1-AA Single-family residential district R-1-A Single-family residential district R-1 Single-family residential district R-2 Single- and two-family residential district R-3 Multi-family residential district R..-.4 MU1tj-Famj1v residential district IPUD Infill planned unit development district PUD Planned unit development district MHPD Mobile home planned development district C-1 Office and professional commercial district C-2 Neighborhood commercial district C-3 Community commercial district C-4 General commercial district CBD Central business district PCD Planned commercial development district SMU Suburban mixed use district MU-L_1 Mixed use- 1 district MU-L-2 Mixed use- 2 district MU-L-3 Mixed use?^== intensity 3 district MU-4 Mixed use 4 MU-14 Mixed use- c _redistrict M-1 Industrial district PID Planned industrial development district PU Public usage district REC Recreation district Page 295 of 544 Code of Ordinances, Part III. LDR,Ch 3,Art. III.Zoning Districts&Overlays Sec. 1.B. Residential Building and Site Regulations (Table 3-1) RESIDENTIAL R-1 R-1 R-1 R-1 R-2 R-3 RR=4 IPUD PUD MHPD AAB AA A Duplex Multi Multi Density(dwelling units per acre): 5 5.5 6 7.5 10 r'e1'^ 15 Flexible-L' Flexible10 Flexiblelo Project Area,Minimum(acres) N/A N/A N/A N/A N/A N/A N/A N/A 5+ 10+ Lot Area per unit,Minimum(square 9 000 8,00044 7,500 6,000 4,500 4,0004312 44 OOO L2 Flexible Flexible 4,200 feet): - Lot Frontage,Minimum(feet): 90 75 60 60 75 100 100 Flexible Flexible' N/A Living Area,Minimum A/C(square 1,800 1,600 1,400 1,200 750 750 650 459 494 N/A feet): Flexible Flexible Lot Coverage,Maximum: 45% 45% 45% 50% 40% 40% 50% 50% N/A N/A Floor-Area-Ratio(FAR)for Non- N/A N/A N/A N/A 0.106 N/A � N/A N/A Residential,Maximum: NSA 44WN/A Structure Height,Maximum(feet): 30 30 30 30 25' 4586 45 45'-' V5 30 Building Setbacks,Minimum(feet): Front: 25 25 25 25 25 40 20 Flexibles Flexibles 20 Interior side: 10 10448 7.5 7.5 10 20 20 Flexibles Flexibles 5 Corner side: 25' 25' 25' 25' 25' 40 20 Flexibles Flexibles 10}411 Rear: 20' 20' 20' 20' 25' 40 40 Flexibles Flexibles 104`411 Special rear yard setback reductions for Maximum Percentage of Reduction: 1-story building additions abutting: I-95 or railroad tracks: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Intracoastal Waterway(ICWW): 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Lake: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Golf course: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Canal wider than 150 feet: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Canal narrower than 150 feet: 33% 33% 33% 33% N/A N/A N/A N/A N/A N/A Commercial/industrial: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Public/private park: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Perimeter wall abutting non- 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Page 296 of 544 residential: Administrative Adjustment: Maximum Percentage of Reduction(to standard yard setback): Front yard: 20% 20% 20% 20% N/A N/A N/A N/A N/A N/A Side yard: 20% N/A 20% 20% N/A N/A N/A N/A N/A N/A Rear yard: 25% 25% 25% 25% N/A N/A N/A N/A N/A N/A General Notes: 1,2 1,2 1,2 1,2 3 3 1.3 429 1. The setback reduction provisions shall not supersede any setbacks that are recorded on a plat and shall not be used in conjunction with the setback reductions allowed bv administrative adjustments. 2. An administrative adjustment to reduce a setback maybe granted if any first floor addition follows the building line of a legally non-conforming single-family structure,or a building line previously approved by a variance. 3. Existing and/or planned single-family homes shall conform to the R-1 district requirements. Duplex homes shall conform to the R-2 district requirements. 4. Where orientation of adjacent lots on both street frontages provides typical front yard setbacks,the corner lot shall provide for front yard setbacks along both streets. When two(2)front yard setbacks are provided for on a corner lot,no rear yard back setback shall be required,only side yard setbacks shall be imposed. 5. Minimum required perimeter setbacks of an IPUD or PUD are flexible except where adjacent to single-family residential zoning. Where adjacent to single- family zoning,required perimeter setbacks shall resemble the setbacks of the adjacent development based upon the orientation of structures with said development. Also,perimeter buildings shall have an increased setback of one(1)additional foot for every foot of building height in excess of thirty(30) feet. Project design along abutting roadway(s),including setbacks,shall be based on existing development patterns or applicable recommendation from the respective development plan. 6. A floor arpa ratia(VAR)may bp, for Ron— lisp's 8llwA,Pd with—in this zaning distFiet(see"Use Matrix" Chaptet!3,At!t he applicable future land lisp,classifieatian af the camprehensive ��TT ., 44 Plan. i. Not to exceed.t..a(2)sSar4es. 86 Not to P,*eP+d font!(4)star4es. See Note#5 for additional setback requirements relative to building height. 97. A lesser building height may be required for compatibility with adjacent develaptnent properties. See Note#5 for more additional setback requirements relative to building height. 1-0. Individnal lots with—in an HPTL�D at!PUP develaptnent eantain tIe*ihIP'standards-rplatwp,to nuininnim required!at fuantage and!at area for PRCh_nnit. 448. The minimum lot area shall be seven thousand,five hundred(7,500)square feet and the minimum side yard shall be seven and one-half(7-1/2)feet for properties developed and/or platted prior to June 13,1975. 429. Notal usable open space shall be calculated at of two hundred(200)square feet a f usable aper space`hall be.•....u:red f r each per dwelling unit(also see Chapter 4,Article flI,Section 8.). 4-310. The maximum allowable density is determined by the applicable future land use classification of the Comprehensive Plan. 4411. Perimeter building setbacks of the mobile home park district shall mirror the building setbacks of adjacent zoning district(s),but with a minimum of the setback required for a single-family residence. 412. Multi-family dwellings and group homes require four thousand(4,000)square feet. All other uses allowed in R-3 and R-4 require twenty thousand (20,000)square feet. Page 297 of 544 Code of Ordinances, Part III. LDR, Ch. 3,Art. III. Sect. 1. Overview E. Mixed-Use Urban Building and Site Regulations(Table 3-4) MIXED USE,URBAN MU-LI MU-L2 MU-L3 MU-4 MU44C Lot Area,Minimum(acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage,Minimum(ft.)' 100 100 1502 200 200 Structure Ht.,Minimum(ft.) 30 30 30 45 45 Maximum Height(ft.)33 45 65 75 100 150/1254 a �g Maximum Density(DUs/Acre)fio. 20 4840 4850 60 80 Maximum F.A.R.'1" 1.0 2.0 3.0 4.0 4.0 Build-to-line All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement-`�'- Abutting a Local street e-' 0�'7 e-' 0�'7 e-' Interior side e-' 0�'7 e-' 0�'7 e-' Building Setbacks,Minimum(ft.)4�: Rear abutting: Residential single-family 255 f"� 25 5 255 25 5 255 Intracoastal waterway 255 255 255 255 255 Side abutting Residential single-family 255 f"� 255 255 25 5 25 5 Usable Open Space,Minimum(sq.ft.)49 N/A N/A N/A 1% 2% 1. Maybe reduced if frontage extends from right-of-way to right-of-way. 2. Minimum of fifty(50)feet,if frontage is on a collector/local collector roadway. 63. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway is thirty-five(35)feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. 64. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts any other MU-L or residential zoning district not separated by a right-of-way. -75. Plus one(1)additional foot for each foot of height over thirty-five(35)feet. 96. Where there is an intervening right-of-way of at least forty(40)feet. -9. Subject to p ,.1 4-87. Buildings and structures shall be located no farther than zero(0)feet from the property line,except in conjunction with providing required visibility at intersections,driveways;open spaces and public plazas;or when additional setback is necessary to provide for required"Pedestrian Zone(PZ).Building placement is a factor of roadway type and CRA district,which determines the min.width and design of the PZ.Except for the Downtown District,where the minimum PZ width is 18',the minimum PZ in all other districts is 16 ft.See Section 5.C.2.below for additional relief provisions from build-to line requirements. 448. Listed eligible historic structures are not required to meet these standards. 449. Usable open space shall be required for all developments two(2)acres in size or larger which shall be devoted to plazas or other public open space,excluding private recreation. See Chapter 4,Article III,Section 8 for additional regulations. 4-410. Projects within the transit core shall have minimum densities as follows:MU-Ll-eleven(11),MU-L2-twenty(20),MU-L3-thirty(30),MU-4-thirty-five (35)and MU44C-forty(40)dwellings per acre(except that minimum density for the MU-44C district applies to projects located within the entire station area). 4511. Projects within the transit core shall have a minimum FAR as follows:MU4,3-one and three-quarters(1.75),MU-4(2.0)and MU-44C-two(2.0)(except that minimum FAR for the MU-44C district applies to projects to be located within the entire station area). 4H12. The maximum density for projects within the Downtown Transit-Oriented Development District Owe(the Station Area)may be increased up to twenty-five percent(25%)over the maximum density allowed in the underlying zoning district through participation in the City's Workforce Housing Program. Page 298 of 544 Code of Ordinances, Part III. LDR,Ch 3,Art. III.Zoning Districts&Overlays Sect.2 Residential Districts G. R-4 Multi-family Residential District. 1. General. The Purpose of the R-4 zoning district is to implement the High Density Residential (HDR) future land use map classification of the Comprehensive Plan. The intent of this conventional district is to provide for higher residential densities that suport infill development opportunities. At the allowed maximum density, intended development can provide a graduated transition to densities and intensities of mixed use redevelopment projects in a compact form. Although this district is not a planned zoning district, development attributes should similarly emphasize design that is sensitive to its context within the urban redevelopment area, including interconnectivity and pedestrian accommodations, sustainable and/or smart growth building and landscaping design, building placement and orientation of project to the local street network and on-street parkin. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-10). a. Existing and/or future single-family dwellings shall conform to the building and site regulations of the R-1 district (see Table 3-8 in Section 2.D.3. above). b. Duplex dwellings shall conform to the building and site regulations of the R-2 district (see Table 3-9 in Section 2.E.3. above). c. Multiple-family and group homes shall conform to the lot and building requirements of that portion of Table 3-10 below pertaining to "residential uses". d. All uses, excluding single-family, duplex, multi-family, and group homes, shall conform to the lot and building requirements of that portion of Table 3-10 below pertaining to "non-residential uses". BUILDING/SITE REGULATIONS R-4 District (Residential Uses) Minimum lot area (per unit): 4,000 s.f. Minimum lot frontage: 100 feet Minimum yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 20 feet Corner side: 40 feet Minimum living area: 650 s.f. Maximum lot coverage: 50% Maximum structure height: :A 45 feet (Non-Residential Uses) Minimum lot area: 20,000 s.f. Minimum lot frontage: 100 feet Page 299 of 544 Minimum yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 20 feet Corner side: 40 feet Minimum livinL area: N/A Maximum lot coverage: 40% Maximum Floor Area Ratio (FAR) N/A Maximum structure height: 45 feet 4. Accessory Structures. Walls, fences,pools, sheds, screen-roof enclosures, and other structures are regulated in accordance with Chapter 3, Article V, Suplemental Regulations. 5. Review and Approval Process. a. Single-family and duplex dwellings and accessory uses thereto shall be allowed upon application to and approval by the Building Official for structures that require a building permit pursuant to Chapter 2, Article IV, Section 2. b. Community and common areas, such as recreational areas, landscape buffers and tracts, and project signage may be subject to site plan review. In these instances, site plan amay be subject to site plan review. In these instances, site plan roval shall be required prior to application for building permit. c. Multiple-family dwellings and non-residential uses shall require site plan approval in accordance with Chapter 2, Article 11, Section 2.F. prior to application for building permit. 6. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. Page 300 of 544 Code of Ordinances, Part III. LDR Chapter 3,Art. III. Sec.5. Mixed-Use (Urban) Districts. A. General. 1. Purpose and Intent. The mixed-use oi4+zoning districts are_in�,stty intended to implement the C R,�I,_Cormnunity Redevelopment Plans,in part,by providing for a mixture of land uses,accommodating varying densities and intensities appropriate for each p4-a44+ g-w- CRA,_cl5tt.c1,and by establishing quality streetscapes and pedestrian environments as part of a compact urban setting. Thee nixed use districts also support transit ridership, -in particular,_thr��ughhigher density and intensity-ale development o I ter ,� llaaea-plea -pa � i $e<a iltls ,w—i' a . a_ �. h--Sa=0e+:4w a4- -R�1-Q6 _4 **W'it11in t17€,desi4;nated D�1��n mvii Transit or iemc Dev ei�lp�nent District€�ffb�}. Additional standards and requirements of this section are based on the proximity to the planned train station,and location within the transit core,which is defined as the area extending one-quarter (1/4)mile from the train station To ensure compliance with these Regulations,an application for site plan approval shall be required and reviewed concurrently with any request to rezone lands to a mixed-use(urban)district,except as provided in Section 2.D.Le. Also see Chapter 4,Article III, Section 6.H.for design and compatibility standards._;- w s t t � gr g e a d c�'gT aa�ast w+th he l aat � ea 1 € r aat asa els.praaea t e a€eta1 4e4gB '_w ) The objectives of the mixed-use(urban)districts are as follows: a. Support and enhance revitalization efforts in the city's traditional commercial core area through the provision of compact, transit-supportive,high density and intensity development; b. Allow for commercial services to be provided to new residential developments in planned locations with appropriate densities,heights,and mixtures of uses; c. Create optimal pedestrian environments and spaces through well located public plazas,expanded public sidewalks, maximized internal and external interconnectivity and design of pedestrian-friendly vehicular circulation areas; d. Allow flexibility in architectural design and building bulk while maximizing compatibility and hannony with adjoining development; e. Create surrounding areas that complement rather than compete with the downtown; and f. Create higher quality environments for residents,businesses,employees,and visitors as detennined by how well the urban centers function seamlessly with respect to interconnectivity between the principal uses,activity centers,and transportations systems,fonning a cohesive and desirable sense of place. 2. Description of Districts. a. Mixed Use-Law h4ensi4t, 1 (MU--b1). The MU-41 district implements the Mixed+iUse Low(MXLL)future land use reap (FLUM)classification of the Comprehensive Plan and has a maximum residential density of twenty(20)dwelling units per acre, except within the Downtown Transit-Oriented Development District(DTODD)Overlay (the Station Area),where the maximum density is may be twenty-five(25)dwelling units per acre through participation in the City's Workforce Housing Promo rain.In addition,projects located within the transit core of the Station Area shall have a minimum density of eleven(11) dwelling units per acre.This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. b. Mixed Use-Law h4ensi4t,2(MU-Q). The MU-Q district implements the Mixed+iUse Medium(MXM)future land use reap(FLUM)classification of the Comprehensive Plan and has a maximum residential density of thirty(30)dwelling units per acre, except within the Downtown Transit-Oriented Development District(DTODD)Overlay (the Station Area),where the maximum density is may be thirty-seven and one-half(37.5)dwelling units per acre through participation in the City's Workforce Housing Program.In addition,projects located within the transit core of the Station Area shall have a rninimun density of twenty (20)dwelling units per acre.This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. c. Mixed Use-Law h4ensi4t,3 (MU--b3). The MU-4�3 district implements the Mixed+iUse Medium(MXM)future land use reap(FLUM)classification of the Comprehensive Plan and has a maximum residential density of forty(40)dwelling units per acre, except within the Downtown Transit-Oriented Development District(DTODD)Overlay (the Station Area),where the maximum density is may be fifty(50)dwelling units per acre through participation in the City's Workforce Housing Program.In addition,projects located within the transit core of the Station Area shall have a minimum density of thirty(30)dwelling units per acre.This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. d. Mixed Use-4(MU-4). The MU-4 district implements the+nMixed+iUse eare Hi (MX-C-H)future land use reap(FLUM) classification of the Comprehensive Plan and has a maximum residential density of sixty(60)dwelling units per acre,except within the Downtown Transit-Oriented Development District(DTODD)Overlay (the Station Area),where the maximum density is may be seventy five(75)dwelling units per acre through participation in the City's Workforce Housing Program.In addition, projects located within the transit core of the Station Area shall have a rninimun density of thirty five (35)dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. The intent of this new district is to facilitate the establishment of high density and intensity Page 301 of 544 development nodes at strategic locations that support downtown redevelopment,while in certain location also providing a proper continuum of,or transition in scale between the Mixed Use Core(MU-14C)and Mixed Use- 3 (MU-E3)Districts. e. Mixed Use-High Core (MU-14f). The MU-14C district implements the}nMixed uUse c-Core(MX-C)future land use map(FLUM)classification of the Comprehensive Plan and has a maximum residential density of eighty(80)dwelling units per acre,except within the Downtown Transit-Oriented Development District(DTODD)Overlay (the Station Area),where the maximum density is may be one hundred(100)dwelling units per acre through participation in the City's Workforce Housing Promo rain.In addition,projects located within the Station Area shall have a minimum density of thirty(30)dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. The intent of this district is to supplant the cCentral bBusiness dDistrict(CBD)in the historic downtown and marina district. 3. Location and General Use Requirements. a. General. The mixed use(urban)districts are intended for projects that promote sustainable design with respect to land use, energy conservation,resource management,and social equity. Rezoning to any of these districts is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure,public and alternative transportation routes and modes,employment centers,community areas,or have sustained or are complicated by environmental contamination. The mixed use(urban)zoning districts shall be applied to selected geographic areas east of I-95,where a mixture of uses and building intensities is intended to implement the city's Comprehensive Plan, C R,IC, lnlnunity Redevelopment Plans,and urban design guidelines including goals involving compact design,transit-oriented development,employment,population,transportation, housing,public facilities,and environmental quality. Pennitted uses and associated standards for development vary between the zoning districts each reflecting the importance of the district's location and relationship to the downtown. Maximum heights, densities,and intensities of development are regulated to achieve,in part,the intended vision as established within the Redevelopment Plan for each of the six planning districts,while ensuring land use compatibility. A master plan as a whole, comprised of individual buildings and parcels,would be reviewed for compliance with the requirements below pertaining to a residential component to the project,and commercial use on the first floor of a project. Projects not meeting the requirement for a residential component shall be reviewed for contribution to employment targets in accordance with FDOT standards for a community center TOD. b All Mi*ed Use Law, Teens:,., Mixed*Use-law ipAens45, 1 (MU-El), Mixed use-104A,iPA014s45,2(MU-E2),and i+iMixed uUse- 5,3 (MU-E3). (1) In order to complement the revitalization efforts in the downtown area,the MU-L zoning districts shall be applied to lands consistent with the Comprehensive Plan F LAUI e Lgiid tJs M i and a= } c= CRA C��ii�Ul ity�fP edevelopment pPlans. Such areas are generally described as Woolbnght Road between I-95 and the FLC Railroad Boynton Beach Boulevard between I-95 and Northwest 1 st Street,Martin Luther King Jr.Boulevard, Southeast 4th Street south to Southeast 5th Avenue,and Ocean Avenue between Southeast 4th Street and Southeast 1st Street. See the fe,,,p� 0111111 nitVRedevelopment pPl for specific recommendations on locations and boundaries. (2) These MU-E districts are appropriate for low-to inid-rise developments that provide for indium density residential and low to indium intensity commercial and office uses. (3) The review of these applications will emphasize compactness,aesthetics and design quality,and physical compatibility with adjacent land uses. (4) Except where limited by Table 3-21 in Chapter 3,Article III, Section S.C.,all new developments within the MU-El and MU-E2 districts that contain a non-residential use shall front on streets designated as"arterial",or"collector",roadways on the Functional Classification of Roadways Map. All projects within the MU-E3 district and proposed within the transit core must contain a residential component,and all projects proposed within these+nMixed uUse4we intensity districts that front on an arterial road must have space on the first floor devoted to coni nercial use. (5) Maximum height may be further limited in certain geographic areas to further applicable redevelopment plans and maintain compatibility with an abutting single-family district. c. Mixed Use-4(MU-4). (1) The+HMixed uUse-,:��4(MU-4)district shall only be applied to lands classified as mixed use-core(MX-C) on the future land use map as recoimnended by the Community Redevelopment Plan. (2) The MU-4 district is appropriate for high density/intensity development intended for designated nodes such as properties at the intersection of US-1 and Woolbright Road,and the downtown area,which is generally located east of the FEC Railroad, including the marina district,and which extends out from the planned train station by approximately three(3)to four(4) blocks. Such developments shall include a mix of uses designed in a compact vertical style. Developments proposed within the Downtown Transit-Oriented Development District Overlay (the Station Area)must contain a residential component and have space on the first floor which shall be devoted to coimnercial uses for those portions of the project having frontage along Ocean Avenue or an arterial road. (3) All new developments within this district shall front on streets designated as "arterial"roadways on the Functional Classification of Roadways Map. d. Rezoning of Single-family Districts. All requests to rezone any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: Page 302 of 544 (1) Height,density and intensity of development shall be consistent with the redevelopment plan for the redevelopment district; (2) Ratio of lot frontage to depth that is no more than one(1)foot(frontage)to one and one-quarter(1.25)foot(depth); (3) Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards; and (4) Landscape barriers provided,in accordance with the landscape regulations of this Code,where the rezoned property abuts single-family residential zoning ed. Mixed Use-uig'�-Core (MU-14C).(1) The+HMixed+iUse ,�:��C(MU- �district shall only be applied to lands classified as mixed use-ems €�17ih (MX-EII)on the future land use map. (2) The MU-14C district is appropriate for high density/intensity development intended for the downtown area,which is generally located east of the FEC Railroad,including the marina district,and which extends out from the planned train station by approximately three (3)to four(4)blocks. Such developments shall include a inix of uses designed in a compact vertical style. Developments proposed within the Downtown Transit-Oriented Development District Overlay (the Station Area)must contain a residential component and have space on the first floor which shall be devoted to coininercial uses for those portions of the project having frontage along Ocean Avenue or an arterial road. (3) All new developments within this district shall front on streets designated as "arterial'roadways on the Functional Classification of Roadways Map. de. Rezoning of Single-family Districts. All requests to rezone any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: (1) Height,density and intensity of development based on toe read ay f+ai4 ge the standards indicated in Table 3-21; (2) Ratio of lot frontage to depth that is no more than one(1)foot(frontage)to one and one-quarter(1.25)foot(depth); (3) Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards; and (4) Landscape barriers provided,in accordance with the landscape regulations of this Code,where the rezoned property abuts single-family residential zoning. B. Use(s)Allowed. See"Use Matrix,Table 3-28" in Chapter 3,Article IV,Section 3.D. C. Building and Site Regulations. Page 303 of 544 Sect.5.C.1.Building and Site Regulations(Table 3-21). MIXED USE,URBAN MU_L1 MU-L2 MU-L3 MU-4 MU44C Lot Area,Minimum(acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage,Minimum(ft.)' 100 100 1502 200 200 Structure Ht.,Minimum(ft.) 30 30 30 45 45 Maximum Height(ft.)33 45 65 75 100 150/125' Maximum Density(DUs/Acre)}°L0� Lz 20 -3440, 4430, 60 80 Maximum F.A.R.`11 1.0 2.0 3.0 4.0 4.0 Build-to-line(ft.)4�: All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement�'- Abutting a Local street e-' 0�'7 e-' 0�'7 e-' Interior side 0�'7 e-' 0�'7 e-' Building Setbacks,Minimum Rear abutting: Residential single-family 25�5/0r 5"� 25 5 255 25 5 255 Intracoastal waterway 255 255 255 255 255 Side abutting Residential single-family 255 f"� 255 255 25 5 25 5 Usable Open Space,Minimum(sq.ft.)49 N/A N/A N/A 1% 2% 1. Maybe reduced if frontage extends from right-of-way to right-of-way. 2. Minimum of fifty(50)feet,if frontage is on a collector/local collector roadway. 33. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway is thirty-five(35)feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. 64. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts any other MU-L or residential zoning district not separated by a right-of-way. -75. Plus one(1)additional foot for each foot of height over thirty-five(35)feet. 96. Where there is an intervening right-of-way of at least forty(40)feet. 1. c41.:o,.t to P 4-07. Buildings and structures shall be located no farther than zero(0)feet from the property line,except in conjunction with providing required visibility at intersections,driveways;open spaces and public plazas;or when additional setback is necessary to provide for required"Pedestrian Zone(PZ).Building placement is a factor of roadway type and CRA district,which determines the min.width and design of the PZ.Except for the Downtown District,where the minimum PZ width is 18',the minimum PZ in all other districts is 16 ft.See Section 5.C.2.below for additional relief provisions from build-to line requirements. 4-4-8. Listed eligible historic structures are not required to meet these standards. 4-39. Usable open space shall be required for all developments two(2)acres in size or larger which shall be devoted to plazas or other public open space,excluding private recreation. See Chapter 4,Article III,Section 8 for additional regulations. 4-410. Projects within the transit core shall have minimum densities as follows:MU-Ll-eleven(11),MU-L2-twenty(20),MU-L3-thirty(30),MU-4-thirty-five (35)and MU-44C-forty(40)dwellings per acre(except that minimum density for the MU-44C district applies to projects located within the entire station area). 4511. Projects within the transit core shall have a minimum FAR as follows:MU4,3-one and three-quarters(1.75),MU-4(2.0)and MU-44C-two(2.0)(except that minimum FAR for the MU-44C district applies to projects to be located within the entire station area). 4-612. The maximum density for projects within the Downtown Transit-Oriented Development District 0- (the Station Area)maybe increased up to twenty-five percent(25%)over the maximum density allowed in the underlying zoning district through participation in the Citv's Workforce Housing Program. Page 304 of 544 Code of Ordinances, Part III. LDR Ch.3,Art. III. Sect.8. Overlay Zones B. Martin Luther King Jr. Boulevard Overlay Zone. 1. Intent. This overlay zone has been established to implement recommendations from the Vision 20/20 Redevelopment Plan, which identified a segment of the Martin Luther King Jr. Boulevard as an opportunity for redevelopment and revitalization. The ultimate design and site standards of this section are intended to create a traditional street corridor with pedestrian improvements, storefronts along the sidewalk, and a mixture of uses. The corridor is to contain an ambience supported by pleasant signage and building appearance,potted landscaping, store windows and public open spaces. This overlay zone is also appropriate for development of small properties to allow for consistency with the vision represented by the respective mixed use zoning district, and/or as an interim redevelopment mechanism until greater redevelopment occurs using the respective mixed use zoning district. All development within the Martin Luther King Jr. Boulevard corridor shall occur according to the provisions of the adopted plan as stated below. 2. Defined. The Martin Luther King Jr. Boulevard Overlay Zone(MLKBOZ)is hereby established as the area defined by the parcels fronting on that portion of the Boulevard located east of Seacrest Boulevard and west of Federal Highway right-of-way, along with those parcels adjacent to the north and south of these parcels that front on the Boulevard if assembled and development as a unified project. 3. Use(s) Allowed. (See "Use Matrix" - Chapter 3, Article IV, Section 3.D.). 4. Building and Site Regulations. Development within this Overlay Zone shall be in accordance with building and site regulations applicable to the underlying zoning district except as follows: a. Parcels that have frontage along Martin Luther King Jr. Boulevard shall have the same front setback in accordance with the i*Mixed uUse !&v,ifitef sig, 1 zoning district(see Section 5.C. above). b. Minimum interior and corner side setbacks shall be in accordance with the i*Mixed ttUse- intensity I zoning district (see Section 5.C. above). Page 305 of 544 Code of Ordinances, Part III. LDR Ch.3,Art.V. Supplemental Regulations, Sec. 10. Mobile Vendor Regulations. A. Purpose and Intent. The purpose of this section is to provide for the regulation of mobile vending activities, including assembly on public and private property, in certain commercial and mixed use zoning districts of the city, in order to promote the public interest by contributing to an active and attractive pedestrian environment. In recognition thereof, reasonable regulation of mobile vending is necessary to protect the public health, safety, and welfare and the interests of the city in the primary use of public streets, sidewalks, and parking areas, for use by vehicular and pedestrian traffic. B. Definitions. See Chapter 1, Article 11 for specific definitions applicable to mobile vending units (MVU). C. Approval Required. It shall be unlawful for any establishment or organization to engage in or carry on the business of vending food, goods, or services, upon public or private property in the city without first having secured a permit or permits as required by this section. See Chapter 2, Article 11, Section 7.C. for the process and procedure to obtain approval for an MVU. It is not the intent of these Regulations to be applied to mobile vendors temporarily approved in conjunction with a special sales event or Special Event Permit. See Section 6 above for additional regulations regarding special sales events. D. Districts. The operating area of an MVU shall be entirely located in the following zoning districts: C- 1, C-2, C-3, C-4, CBD, PCD, SMU, MU-E1, MU-L-2, MU-E3, MU-4, MU-14C, M-1, PU, REC, PUD, and PID. Page 306 of 544 e. Zoning Districts and Affiliated Process (Table 3-29). Concealed Non- Concealed Non- Mitigation of Antenna Zoning concealed concealed Attached Freestanding Existing WCF Element Co-location 8 District WCF 1 Attached WCF 4 Freestanding 7 Replacement WCF2 WCF4 R-1 CC 3 AD AD AD R-2 AD CC 3 AD AD AD RR=3 AD AD CC 3 AD AD AD R-4 AD AD CC3 AD AD AD PUD AD AD CC AD AD AD IPUD AD AD CC AD AD AD MBPD CC AD AD AD C-1 AD CC AD AD AD C-2 AD CC AD AD AD C-3 AD AD CC AD AD AD C-4 AD AD CC AD AD AD CBD AD AD CC AD AD AD PCD AD AD CC AD AD AD REC AD AD CC CC 5,6 AD AD AD PU AD AD CC CC 5,6 AD AD AD SMU AD AD CC AD AD AD MU4-1 AD AD CC AD AD AD MU4-2 AD AD CC AD AD AD MU4-3 AD AD CC AD AD AD MU-4 AD AD CC AD AD AD MU44C AD AD CC AD AD AD PID AD AD CC CC AD AD AD M-1 AD AD CC CC AD AD AD Page 307 of 544 Legend: AD-Administrative(Staff)Approval CC-City Commission(Public Hearing)Approval Blank-Not Allowed Footnotes: 1 Concealed attached WCF shall only be allowed on building features that are a minimum of forty(40) feet in height,not to exceed fifteen(15)feet above the roofline. 2 Non-concealed attached WCF are allowed on utility poles and freestanding lights within a public right-of-way, subject to agreement with the agency representative with jurisdiction over the right-of-way and/or the utility company. 3 Concealed freestanding WCF in residential districts shall only be allowed on lots of one(1)acre or more that have a non- residential use(school,church). 4 A minimum separation of seven hundred fifty(750)feet is required between freestanding WCF. Requires conditional use approval. In industrial districts,except where prohibited in a mixed use pod with a residential component within a PID,the maximum height shall be limited to one hundred(100)feet if located less than one thousand(1,000)feet from a residential use,and one hundred fifty(150)feet if located in excess of one thousand(1,000)feet from a residential use. 5 Only when located on city-owned property of two (2)acres or more. 6 Restricted to a maximum height of one hundred(100)feet. A setback of three(3)times the height of WCF structure required from the property line of an adjacent residential use. 7 Replacement WCF with increased height requires public hearing approval. 8 Administrative approval unless on city-owned site and the lease requires each tenant to have a separate lease with city(each lease requires City Commission approval as a lease amendment),or the lease requires written consent letter(City Commission consent agenda). Zoning Districts: R-1 Single-Family Residential C-2 Neighborhood Commercial SMU Suburban Mixed Use R-2 Duplex Residential C-3 Community Commercial MU-I.--1 Mixed Use ' ^W IRtG^60 1 R-3 Multi-Family Residential C-4 General Commercial MU-6-2 Mixed Use ' ^W IRtG^60 2 R-4 Multi-Family Residential CBD Central Business District MU-6-3 Mixed Use ' ^W IRtG^60 3 PUD Planned Unit Development PCD Planned Commercial MU-4 Mixed Use 4 Development IPUD Infill Planned Unit Development REC Recreation MU44C Mixed Use 40 Core MHPD Mobile Home Planned PU Public Usage PID Planned Industrial Development Development C-1 Office Professional M-1 Light Industrial Page 308 of 544 f. Maximum Heights of WCF (Table 3-30). Non- Non- Mitigation Zoning Concealed concealed Concealed concealed of Antenna Co- District Attached Attached Freestanding Freestanding Existing Element location WCF WCF WCF WCF WCF Replacement R-1 55' 3,4 7 7 7 R-2 2 55' 3,4 7 7 7 R-3 1 2 55' 3,4 7 7 7 R-4 1 2 55' 3,4 7 7 7 PUD 1 2 75' 3,4 7 7 7 IPUD 1 2 75' 3,4 7 7 7 MHPD 55' 3,4 7 7 7 C-1 2 55' 4 7 7 7 C-2 2 55' 4 7 7 7 C-3 1 2 75' 4 7 7 7 C-4 1 2 75' 4 7 7 7 CBD 1 2 130' 4 7 7 7 PCD 1 2 75' 4 7 7 7 REC 1 2 100' 4 100' 4,5,6 7 7 7 PU 1 2 100' 4 100' 4,5,6 7 7 7 SMU 1 2 70' or less 4 7 7 7 MU-6-1 1 2 70' or less 4 7 7 7 MU-6-2 1 2 70' or less 4 7 7 7 MU-6-3 1 2 70' or less 4 7 7 7 MU-4 1 2 70' or less 4 7 7 7 MU44C 1 2 70' or less 4 7 7 7 PID 1 2 100-150' 4 100-150' 4 7 7 7 M-1 1 2 100-150'4 100-150' 4 7 7 7 Footnotes: I Concealed attached WCF shall only be allowed on buildings that are a minimum of 40 feet in height,not to exceed 15 feet above the roofline. 2 Non-concealed attached WCF are allowed only on utility poles and freestanding lights that are more than 40 feet in height,and located within a public right-of-way(subject to agreement with the agency representative with jurisdiction over the right-of-way and/or the utility company) or on existing ball park light poles that are more than 50 feet in height. The total length of any antenna shall not exceed 15 percent of the height of the existing utility or light pole. 3 Freestanding WCF in residential districts shall only be allowed on lots of one(1)acre or more that have a nonresidential use(school,church, etc.). Maximum height is limited to 25 feet above the maximum building height of the zoning district. 4 A minimum separation of 750 feet is required between freestanding WCF. In industrial districts,except where prohibited in a mixed-use pod with a residential component within a PID,the maximum height shall be limited to 100 feet if located less than 1,000 feet from a residential use, and 150 feet if located in excess of 1,000 feet from a residential use. In all mixed-use districts height is limited to approved building height or 70 feet whichever is less. 5 Only when located on City-owned property of two(2)acres or more. 6 Restricted to a maximum height of b8 100 feet. A setback of three(3)times the height of WCF structure required from the property line of an adjacent residential use. 7 Shall comply with maximum height per table based on WCF type and zoning district. Any additional height requires public hearing approval. Page 309 of 544 g. Setbacks and Separation Between WCF (Table 3-31). Concealed Non- Concealed Non- Mitigation of Antenna Zoning concealed concealed Attached Freestanding Existing Element Co-location District WCF Attached WCF Freestanding WCF Replacement WCF WCF R-I 3,4 6 7 R-2 2 3,4 6 7 R-3 1 2 3,4 6 7 R-4 1 2 3,4 6 7 PUD 1 2 3,4 6 7 IPUD 1 2 3,4 6 7 MBPD 3,4 6 7 C-1 2 3,4 6 7 C-2 2 3,4 6 7 C-3 1 2 3,4 6 7 C-4 1 2 3,4 6 7 CBD 1 2 3,4 6 7 PCD 1 2 3,4 6 7 REC 1 2 3,4 4,5 6 7 PU 1 2 3,4 4,5 6 7 SMU 1 2 3,4 6 7 MU-L-I 1 2 3,4 6 7 MU-b-2 1 2 3,4 6 7 MU-b-3 1 2 3,4 6 7 MU-4 1 2 3,4 6 7 MU44C 1 2 3,4 6 7 Page 310 of 544 PID 1 2 3,4 4,5 6 7 M-1 1 2 3,4 4,5 6 7 Footnotes: 1 Concealed attached WCF shall only be allowed on buildings that are a minimum of forty (40)feet in height,not to exceed fifteen (15)feet above the roofiine. 2 Non-concealed attached WCF are allowed only on utility poles and freestanding lights that are more than forty(40)feet in height, and located within a public right-of-way(subject to agreement with the agency representative with jurisdiction over the right-of-way and/or the utility company)or on existing ball park light poles that are more than fifty(50)feet in height. The total length of any antenna shall not exceed fifteen percent(15%)of the height of the existing utility or light pole. 3 Freestanding WCF in residential districts shall only be allowed on lots of one(1)acre or more that have a non-residential use (school,church,etc.). Maximum height is limited to twenty-five(25)feet above the maximum building height of the zoning district. 4 A minimum separation of seven hundred fifty(750)feet is required between freestanding WCF. In industrial districts, except where prohibited in a mixed use pod with a residential component within a PID,the maximum height shall be limited to one hundred (100)feet if located less than one thousand(1,000)feet from a residential use,and one hundred fifty(150)feet if located in excess of one thousand(1,000)feet from a residential use. In all mixed use districts height is limited to approved building height or seventy (70)feet whichever is less. 5 Only when located on city-owned property of two (2)acres or more. 6 Restricted to a maximum height of one hundred(100)feet. A setback of three(3)times the height of WCF structure required from the property line of an adjacent residential use. 7 Shall comply with maximum height per table based on WCF type and zoning district. Any additional height requires public hearing approval. Page 311 of 544 Code of Ordinances, Part III. LDR Ch.4,Art. III. Exterior Building and Site Design Standards Sect.5. Design Standards for Specific Uses in the Use Matrix The following uses, which correspond with the Notes and Restrictions of Chapter 3, Article IV, Section 3.1), contain special standards related to exterior building and site design: A. Group Home Type land Type 2. For new construction, the facility shall have building elevations that are residential in character and similar in appearance to the surrounding neighborhood. They shall not be institutional in appearance. B. Auto Dealer, New. Within the MU-L-3 and MU-14C districts, the following shall apply: Overhead doors shall not be visible from any major roadway frontage. C. Auto Dealer, Used. Within the MU-L-3 and MU-14C districts, the following shall apply: Overhead doors shall not be visible from any major roadway frontage. D. Gasoline Stations. All Gasoline Stations located on designated out-parcels to shopping centers, business centers, or other planned commercial developments shall conform in design to the approved design plan of the principal center. E. Automobile Rental. Within the MU-L-3 and MU-14C districts, the following shall apply: Overhead doors shall not be visible from any major roadway frontage. See Section 3.G above for additional regulations regarding overhead doors. H. Storage, Self-Service. For all Self-Service Storage facilities adjacent to or visible from any arterial right- of-way roadway, the following shall apply: 1. The exterior colors, facades, windows, roof, and building materials shall be compatible with the character of, or vision for the surrounding. Self-service Storage facilities shall incorporate design elements to achieve the effect of office structures. 2. All facades visible from arterial roadways shall provide variety and interest in the facade(s). These facades shall not exceed 50 feet in length without visual relief by means of a vertical reveal at least one (1) foot in depth and 10 feet in width, a perceptible change in wall angle, or a corner. Other design attributes shall include, roof slope and materials, windows, awnings, fencing and other aesthetic elements. 3. Within the SMU, MU-L-1, MU-L-2, and MU-L-3 districts, the following shall apply: Buildings shall be designed to have the appearance of a multi-story retail, office, and/or residential structure through the use of similar windows, shutters, and appropriate building elements on the upper floors. Sec. 6. Design Standards for Development in Urban Areas. A. General. 1. Purpose and Intent. The location of buildings/structures and off-street parking areas proposed for a development can directly impact the aesthetic fabric and quality of life for surrounding properties and the community as a whole. It is the purpose of this section to provide design standards that are tailored to distinct geographic areas of the City to ensure that the location and appearance of buildings/structures and off-street parking areas are appropriate with the type, intensity, scale, and location of redevelopment and new development. The intent of this section is to promote standards that are functional,practical, equitable, and creative. 2. Applicability. Unless otherwise specified, these standards shall apply to new projects and major modifications to existing developments located in the following: a. All properties currently zoned: (1) Central Business District(CBD); or Page 312 of 544 (2) Any "Mixed-Use(Urban)" district. For the purpose of this section, Mixed-Use(Urban) districts shall include the Mixed Use- 1 (MU-El), Mixed Use- 2 (MU-L-2), Mixed Use- (MU-E3), Mixed Use-4 (MU-4), and Mixed Use-14igh Tatefis t-yCore (MU-14C) district. b. Any commercially zoned property located: (1) Along Boynton Beach Boulevard, east of Interstate 95 and west of the Florida East Coast (FEC) Railroad right-of-way; (2) Within the Urban Commercial District Overlay Zone(UCDOZ); and (3) Within the Martin Luther King Junior Boulevard Overlay Zone(MLKBOZ). G. Sidewalks. The following regulations shall apply to sidewalks: 1. "Urban Mixed Use" Districts. The following regulations shall apply to sidewalks in all Urban Mixed Use zoning districts as described in Section 6.A.2.a.(2) above: a. Materials. Sidewalks shall, where practical, be Holland-Stone pavers, red/charcoal color mix 2 by Paver Systems, Inc., or equal, laid in a 4 S herringbone pattern to continue the consistent with the current design elements in place along Federal Highway. b. Design. Pedestrian circulation should be carefully planned to prevent pedestrian use of vehicular ways and parking spaces. In all cases,pedestrian access shall be provided to public walkways. 2. Mixed Use- Core (MU-14C) District. Sidewalks constructed along arterial roadways shall be a minimum of ten (10) feet wide, measured from the back of the curb. 3. Mixed Use Developments. Sidewalk accents via pavers or stamped colored concrete shall be utilized in all central pedestrian ways of mixed-use development areas. Sec. 8. Open Space and Plaza Requirements. A. General. 1. Purpose and Intent. Open air and semi-enclosed public gathering spaces can act as central organizing elements in a large development. They can also contribute to the relationship between different land uses and provide focal points and anchors for pedestrian activity. 2. Conflict. Whenever the regulations and requirements of this code are at conflict with any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall apply. Additionally, specific design provisions within the zoning district regulations of this subsection shall take precedence over the General Design Standards of Section 7.13. below. 3. Applicability (by Zoning District). a. Mixed Use-4 (MU-4) and Mixed Use- Core(MU-14C) Districts. Pursuant to Chapter 3, Article 111, Section 5.C.1, usable open space shall be required for all developments two (2) acres in size or larger. - Such space shall be devoted to usable open space, consisting of plazas or public open space, excluding private recreation areas. Page 313 of 544 Code of Ordinances, Part III. LDR Ch.4,Art.V. Min. Off-Street Parking Requirements Sect.2. Standards B. Table 4-17. Residential and Lodging Uses. 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: xi'a Efficiency or one(1)-bedroom apartment: 1.5 1,2,3 Within(Mixed ttUse 4iehCore district: 1.333 Two (2) or more bedroom apartment: 21,2,3 Within ffiMixed uUse Core: 1.66'3 Dormitories: 1 per unit Hotel & motel suite: 1.25 per unit Within Mixed uUse Core: 1 per unit Group home (types 1, and 2): 2i°a Group home (type 3) 1 per 3 beds Bed &breakfast: 12,4 Live/work unit: 1 per 2 units 1. A minimum of two (2) spaces are required per unit, or 1 space per bedroom, whichever is greatest. Except that dwellings with 5 or more bedrooms are required 1.5 spaces per bedroom. This requirement shall apply to new construction, reconstruction, expansion of existing homes that increase the number of bedrooms, or when the home is the subject of an application for a business tax receipt or certification of use. 2. Residential driveways can be used to satisfy, or partially satisfy the parking space requirements for single-family detached dwelling units, duplexes, and multi-family dwelling units containing garages, provided such driveways are of sufficient size to meet the parking space requirements of this subsection. A residential driveway of sufficient size shall be provided prior to the issuance of a certificate of occupancy. If garages are used towards meeting minimum parking requirements, said garages shall remain open and available for vehicle parking consistent with the design represented at time of approval. For all required parking spaces not located within an enclosed garage, the first parking space shall be the minimum size required for a handicap space, exclusive of public or private rights-of-way, and all other required spaces must be dimensioned in accordance with current city standards. All driveways shall be setback at least two (2) feet from interior side and corner side property lines, and maintained and drained so as to prevent nuisance conditions or a danger to the public and/or adjacent property owners. Any expansion to an existing driveway shall require a zoning permit from the Planning and Zoning Division in accordance with the procedures specified in Chanter 2, Article 11, Section S.B.; however, any driveway expansion (or similar impervious surface) that is equal to or greater than eight hundred (800) square feet shall require the approval of a land development permit in accordance with Chapter 2, Article 111, Section 3. Any work, such as a driveway, proposed within the swale (right-of-way) shall require a permit from the Engineering Division in accordance with the procedures specified in Chapter 2, Article 111, Section 4. Page 314 of 544 3. Guest parking shall be provided at a rate of 0.15 spaces per unit for residential developments consisting of three(3) or more dwelling units. 4 Required parking shall be calculated on the basis of one (1) space per each employee, manager, or owner and one(1)parking space for each guest unit. Newly created parking may be located only in the rear and side yard. 5 In addition to the required parking for the residential unit, the city requires that one (1)parking space per two (2)live/work units be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot, built into or under the structure, or within three hundred(300) feet of the unit in which the use is located. The distance shall be a straight line measurement from a point on the boundary line of the property of the subject unit to the closest boundary line of the property on which the parking is located. Parking provided to accommodate said space, including driveways of adequate depth in front of the unit's garage, shall not serve as meeting required parking for the unit's residential use. 6 Hotel/motel uses open to the general public, such as a restaurant or lounge, shall provide parking at a rate of fifty percent(50%) of the requirement of a standalone operation. Page 315 of 544 5 £ \a \a \a \a / 2 k: ua = = a = = a = ; \ = = a = = a g? / \s \s : j \ \ \ ° 0 ) / \ / / 2 ( f 3 ~ rn a § § a u � }7 ) ? 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LDR h ..................... x Notes .......................................................I................................................. ................................. 1. General Note. Gross floor area shall not exceed five thousand(5,000) square feet. 2. General Note. The gross floor area shall not exceed ten thousand (10,000) square feet. 3. General Note. Conditional use approval shall be required if located within one hundred(100) feet from a residential zoning district or mixed use zoning district. 4. General Note. As a principal or accessory use, it is allowed if there is a minimum separation of three hundred (300) feet between such use and a residential zoning district. The distance shall be measured in a straight line from the property line of the subject use to the property line of the residential zoning district. 5. General Note. This use shall be prohibited on the first floor. 6. General Note. For those projects with frontage on an arterial road, this use is allowed as a permitted use if the ground floor fronting the arterial is devoted to office or retail use; otherwise, conditional use approval shall be required. 7. General Note. Shall exclude drive-through facilities. 8. General Note. Non-residential uses located in a PUD must serve the needs of the PUD and not the general needs of a surrounding area. Areas designated for commercial activities shall not generally front on exterior or perimeter streets, and shall be located centrally within the project. The only exception to these rules is when a residential mixed-use project would promote new urbanism design standards and helps to further sustainable initiatives. Such developments shall also be designed to further any applicable recommendations within the corresponding redevelopment plan. 9. General Note. a. All districts. The maximum size of a tasting room shall be less than 50% of the gross floor area for that establishment. No use shall be carried out so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of the zoning district. See Chapter 4, Article V, Section 2.E for additional regulations pertaining to off-street parking requirements for tasting rooms. b. C-4 district. If proposed on a site that fronts on an arterial or collector roadway, the establishment shall be required to have an accessory commercial component(i.e., tasting room or retail showroom) to the operation. The size of the tasting room/retail showroom shall be at least ten percent (10%) of the gross floor area or one thousand (1,000) square feet, whichever is greater. This minimum size requirement is not applicable to those establishments which do not front on an arterial or collector roadway. See subparagraph d. below for additional provisions pertaining to beverage manufacturing establishments. c. M-1 District. (1) An accessory commercial component (i.e., tasting room or retail showroom) shall be required for any establishment located on an arterial roadway. In all other instances, an accessory commercial component is optional. (2) No drive-up, drive-through, or drive-in facilities shall be allowed. (3) See subparagraph d. below for additional provisions pertaining to beverage manufacturing establishments. d. Beverage Manufacturing. Page 328 of 544 (1) A tasting room, retail showroom, and/or facility tours shall not be open to the public after 10:00 p.m., except Fridays and Saturdays, whereby it may remain open until 11:00 p.m. (2) This type of establishment may be eligible for a live entertainment permit; however, no amplified music shall be allowed. (3) No permanent food preparation is allowed on premises. 10. General Note. Buildings greater than eighty thousand (80,000) square feet shall require conditional use approval. Maximum footprint is one hundred twenty-four thousand (124,000) square feet. Building elevations shall be enhanced with appropriate design elements to break up wall expanses (i.e. articulation, windows, columns, varied rooflines, etc.). 11. General Note. This use shall be integrated into a mixed use building or development. 12. General Note. This use is allowed, but it shall not be located on a lot that fronts on an arterial roadway. 13. General Note. This use is allowed, but it shall not be located on a lot that fronts on an arterial or collector roadway. 14. General Note. The subject use is only allowed on a lot that fronts on an arterial or collector street as defined in Part III, Chapter 1, Article II of the LDR under definitions for "Street-Arterial" and "Street- Collector". Except for uses providing Medical Care or Testing (In-patient) shall be limited to lots that front on an arterial roadway. 15. General Note. This use shall be integrated into a mixed-use building or development. It must not 1) occupy more than fifty percent (50%) of the gross floor area of any given building; and 2) exceed twenty percent (20%) of the gross floor area of the mixed use development. 16. General Note. This use shall be integrated into a mixed-use building or development. It must not 1) occupy more than fifty percent (50%) of the gross floor area of any given building or 2) exceed thirty percent (30%) of the gross floor area of the mixed use development. 17. General Note. a. All Mixed-Use Districts. This use shall be integrated into a mixed-use building or development. It must not 1) occupy more than fifty percent(50%) of the gross floor area of any given building or 2) exceed thirty percent (30%) of the gross floor area of the mixed use development. b. MU-L-1 district, MU-L-2 district, MU-L-3 and.Mt J-4_ndistrict. The subject use is only allowed on lots fronting on arterial or collector roadways. 18. Ocean Avenue Overlay Zone. a. This use is allowed in this zoning district only when proposed on a lot located within the Ocean Avenue Overlay Zone(OAOZ). b. Any proposed non-residential use that would abut a side property line of a residential use located on Northeast 1st Avenue or Southeast 1st Avenue requires conditional use approval. c. Any allowable use is considered permitted by right,provided that it is proposed on property with frontage on Ocean Avenue; otherwise conditional use approval shall be required. Additionally, no existing uses shall be deemed non-conforming. d. Professional and technical schools allowed in the OAOZ are limited to those that teach the culinary and visual arts. Page 329 of 544 19. General Note. This use shall be prohibited on the ground level of buildings located on lots that front on Ocean Avenue located within the Ocean Avenue Overlay Zone. 20. General Note. This use is allowed as an accessory use to any lawful Arts Campus located within the Ocean Avenue Overlay Zone. 21. General Note. This use is allowed as an accessory use to any city-owned and operated park facility. 22. General Note. This non-industrial use is allowed within the M-1 district,provided that it 1) is located within a multiple-tenant development on a lot that fronts on an arterial roadway; 2) does not exceed five thousand (5,000) square feet; 3) excludes a drive-up, drive-through, or drive-in facility; and 4) complies with all off-street parking requirements of Chapter 4, Article V. In addition, the sale of used merchandise is only allowed as accessory to the sale of new merchandise. 23. General Note. This use is allowed on an arterial or collector roadway within the M-1 district provided that it has accessory commercial component to the operation. This establishment will be required to meet the following criteria: a. Location. The accessory commercial component shall be located within a building situated on a lot that fronts on an arterial or collector roadway; and b. Interior. An indoor showroom of at least two hundred fifty (250) square feet for retail sales shall be required for establishments twenty-five thousand (25,000) square feet or less. An indoor showroom area of at least one percent (I%) of the gross floor area shall be required for establishments greater than twenty-five thousand (25,000) square feet. 24. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that has a Commercial (C)land use option. 25. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that has a Governmental & Institutional (G&I)land use option. 26. General Note. This use is allowed within the PID, except that if proposed in Quantum Park, it shall be restricted to a lot that has an Industrial (I)land use option. 27. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that has a Mixed Use(MU)land use option fronting on an arterial roadway or on a MU lot with a development order that is not solely for residential development. 28. General Note. This non-industrial use is allowed within the PID district provided it is located 1) on Lot 3B of the Boynton Commerce Center PID; or 2) on a lot with a Mixed Use(MU)land use option fronting on an arterial roadway or on a MU lot with a development order that is not solely for residential development. 29. General Note. This use is allowed within the PID, except on lots that have either a Governmental & Institutional (G&I) or Mixed Use (MU)land use option. 30. General Note. If proposed on Lot 3B of the Boynton Commerce Center PID, it shall be required to have an on-site manufacturing component to the operation. 31. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that has an Office(0)land use option. No drive-through facility shall be allowed in connection with this use. 32. General Note. a. Landscaping. All exterior(temporary) storage of equipment shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning & Zoning to ensure compatibility. Page 330 of 544 b. M-1 district. Outdoor storage of equipment shall require conditional use approval if located within two hundred (200) feet of a residential zoning district. No exterior storage of equipment in a wrecked condition shall be permitted. 33. Non-Residential Uses in Single-Family Residential Districts. The following applies to facilities to be located within zoning districts limited to single-family homes (R-1-AAB district, R-1-AA district, R-1-A district, and R-1 district): a. Location. Along the following roadway types as designated in the City of Boynton Beach Comprehensive Plan: arterials and collectors. b. Minimum Lot size. One (1) acre for all non-residential uses, except for day care establishments, which shall be regulated in accordance with Section 3.D.87 below. c. Frontage. Except for day care establishments, a minimum frontage of one hundred fifty (150) feet for all non-residential uses. d. Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut single-family residential zoning districts. e. Design. Building design shall be consistent with surrounding residential styles. f. Separation. Distances between residential properties and outdoor play areas shall be maximized. 34. Home Occupation. a. Home occupations shall be permitted subject to these specific regulations designed for the protection of residential neighborhoods, where all of the activity takes place within a structure, and where the principal use is for residential purposes. In order for any home occupation to be permitted or continue to be permitted, the following performance standards shall be agreed to in writing by the applicant and be maintained for the duration of the occupational license: (1) Compatibility. The residential character and integrity of the neighborhood must not be disturbed and the occupational activity at the home shall not be noticeable from off the premises. (2) Size. A home occupation shall only be conducted within twenty percent (20%) of the living area of the dwelling including interior halls, closets and storage areas, but excluding garages, screened porches, accessory buildings or any similar space not suited or intended as living quarters. (3) On-site Restrictions. The home occupation shall be conducted at the licensed address only by residents of that dwelling unit and shall only be the type of occupation which does not involve client business visits to the home, and is typified by business transactions conducted by telephone, mail, or off premises of the licensed address. (The giving of individual instruction to one (1)person at a time, such as an art or piano teacher, shall be deemed a home occupation). (4) Performance Standards. No equipment or process shall be used in a home occupation which creates fumes, glare, noise, odors, vibration, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises. (5) Traffic. No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of a home occupation shall be met by off-street parking which complies with Chapter 4, Article VI. (6) Storage. All storage of materials or supplies used in the home occupation shall be done within the living area of the dwelling unit, within the space limitations specified in subsection 2 above and shall not be Page 331 of 544 visible from adjacent residential units. Contractors, tradespersons and the like shall not use their home garage or yard areas for storage of materials and supplies used in business activities. (7) Signage. No sign or display shall be visible other than a non-illuminated sign, not exceeding two (2) square feet in area,placed on the exterior wall of the residence as close as practical to the front entrance. (8) Parking. A panel,pick-up truck, van, or similar type of truck, not to exceed a one(1) ton chassis configuration, may be parked in a residential zoning district. However, such vehicle must be used by a resident of the premises, and no more than one(1) such truck shall be located on each plot. (9) Miscellaneous. A home occupation shall be subject to all business tax provisions defined in Part II of the City Code of Ordinances. 35. Alcoholic Beverages. Subject to the provisions of City Code of Ordinances, Part II, Chapter 3, Alcoholic Beverages. 36. Accessory Dwelling Unit. a. All districts. An accessory dwelling unit is allowed as an accessory use to any lawful non-residential principal use within a non-residential building. Such unit shall have a minimum living area of seven hundred fifty (750) square feet and limited to occupancy by the property owner or business owner/operator. b. M-1 district. This use is allowed as an accessory to any lawful self-service storage facility and which meets the prerequisites contained therein. 37. Bed & Breakfast. a. Generally. A bed &breakfast is a private owner occupied residence having more than three (3) and less than ten (10) guest units, which are subordinate and incidental to the main residential use of the building. Prior to the establishment and operation of a bed &breakfast, all required business licenses and health permits shall be obtained in compliance with all building, sign, sanitary and fire codes. Prior to the issuance of a business tax certificate, which shall be renewed annually, the city shall conduct an inspection of the property to determine compliance with the current requirements of the city's regulations, state building codes, and conditions of approval. b. Interior. (1) Common Area. Within each bed &breakfast establishment, a common area must be provided for a central dining area and for at least one (1) sitting/reading/discussion room. (2) Number of Rooms. The number of bedrooms and bathrooms are to remain unchanged unless modifications are necessary to comply with building, fire, and/or health codes. c. Miscellaneous. (1) Cooking. Except as hereinafter provided, there shall be no cooking facilities or food storage in any guest unit. Breakfast shall be the only meal provided for paying overnight guests. The breakfast meal shall not be served after 11:00 a.m. (2) Maximum Stay. The maximum stay for each guest shall be fourteen (14) consecutive days and not more than fourteen (14) days during any forty-five(45) day period. The owner and/or manager shall maintain a guest book, which accurately identifies all guests for each night's lodging. This register of guests shall be available for city inspection during reasonable business hours. Check-in and check-out shall take place between 8:00 a.m. and 8:00 p.m. only. (3) Owner. The owner of the bed &breakfast establishment must reside on the premises. Page 332 of 544 (4) Commercial. Commercial social activities and events and the sale of merchandise to non-guests are prohibited in the bed&breakfast establishment. (5) Kitchenettes. Existing kitchenettes within one(1) or more guest units are considered within the scope of this section and will not have to be removed. 38. Dwelling, Two-Family (Duplex). a. C-3 district and PCD district. A two-family dwelling (duplex) shall comply with the R-2 district regulations. See Chapter 3, Article III, Section 2.E. 39. Dwelling, Multi-Family. a. C-3 district and PCD district. A multi-family dwelling shall comply with the R-3 district regulations. See Chapter 3, Article III, Section 2.F. 40. Group Home a. Group Home Type 1 Maximum persons per unit. Two (2)persons per bedroom, not to exceed ten (10)persons including a resident caretaker or overseer. b. Group Home Type 1 and 2 (1) Common Area. At least ten percent (10%) of the total floor area shall be devoted to a common area, exclusive of halls, corridors, stairs, and elevator shafts, wherein a variety or recreational or therapeutic activities may occur. (2) Rooms. Residents' rooms or suites shall, in no case, have kitchen facilities available for the preparation of food. (3) Design. Pursuant to Chapter 4, Article III, Section 3.G.1, the appearance of the group home shall be residential in character and similar in appearance to the surrounding neighborhood. (4) Parking. See the Chapter 4, Article V for applicable parking requirements. c. Group Home Types 2. (1) Two (2)persons per bedroom, not to exceed 14 persons including a resident caretaker or overseer. (2) Conditional use approval is not required within a Planning Unit Development (PUD)if approved on the master plan or modified master plan. d. Group Home Types 3. (1) PUD or Mixed Use Zoning District. Conditional use approval is not required within a planned development zoning district (i.e. PUD or MU Zoning District)if approved on the master plan or modified master plan. (2) L1!j—_ ,_YU-2, MU-3-andiMtmJ-4. Projects require a minimum of 60% of the dwelling units to be for independent living with full kitchen and bath facilities, and not require licensing by the State of Florida Department of Health. 41. Hotel & Motel (includes Boutique, Extended-stay, Apartment, Timeshare Apartment). Page 333 of 544 a. C-3 District. Timeshare hotel shall comply with R-3 district regulations. Boutique hotels are not listed as permitted uses. b. C-4 District. Boutique hotels and timeshare hotels are not listed as permitted uses. c. CBD District. Apartment hotels require conditional use approval. d. PCD District. Timeshare apartments shall comply with R-3 district regulations. Boutique hotels are not listed as permitted uses. e. SMU District. Hotels require conditional use approval. Apartment hotels, boutique hotels, and timeshare apartments are not listed as permitted uses. Motels are prohibited uses. f. MU-L-1 District, MU-L-2 District, ai+d MU-L-3 District_an,d.,_�1t.J-4 District. Timeshare hotels are not listed as permitted uses. Boutique hotels and motels are prohibited uses. g. MU-4 District and MU-14C District. Boutique hotels require conditional use approval and must be integrated into a commercial or mixed use development and not exceed thirty percent(30%) of the gross floor area of the entire development. Apartment hotels and timeshare apartments are not listed as permitted uses. Motels are prohibited uses. h. PID district. This non-industrial use is allowed within the PID district provided it is located on a lot that has a Hotel (H)land use option. 42. Live-Work Units. a. SMU District. This subsection provides for the use of residential structures to accommodate live/work opportunities. Live-work units shall be specifically designated on the site plan, and comply with the following standards and requirements. These provisions are not applicable to dwellings or occupations that meet the definition of home occupation. All respective site plan pages shall identify all proposed live-work units and buildings. Live-work units shall be tallied in the site plan tabular data. (1) Location. To minimize impacts to the greater neighborhood, units planned for live-work units shall be located at the perimeter of the residential project or along the project's principal roadway, and/or where possible, adjacent to perimeter/external rights-of-way. (2) Use(s): Non-residential uses that are permitted in live-work units are generally limited to professional service, business service, or tutoring services. A listing of common uses permissible in live-work units, subject to issuance of occupational license are located in subsection (16) below. No work activity shall be permitted that by virtue of intensity or number of employees has the potential to create impacts by reason of traffic,parking issues, hazardous materials, or excess waste. The following list identifies the permitted uses within designated live-work units, subject to processing through the city's business tax office: Addressing service/mailing list compiler Arbitrator, mediator services Cleaning services, maid, housekeeping,janitorial Commercial artist/design studio Commercial photography Computer programming service Computer software development Data processing Page 334 of 544 Direct mail advertising services Editing,proofreading, typing service Paralegal Party supplies, rental/leasing (office only, no storage on-site) Private investigator Recording service Secretarial service Boat broker (office only) Alteration, dressmaking shop, tailor Abstract and/or title company Accountant/income tax services Adjusters, insurance Advertising office Appraiser Architect Attorney Auctioneer(office only) Author Broker Business analyst Calculating and statistical service Court reporting/stenographers Credit reporting Engineer's office Importer/exporter(office only) Insurance agency/bond office Interior decorating Loan company office Market research office Model agency Notary public office Page 335 of 544 Public relations office Real estate sales/management office Travel agency Tutoring or instruction (academics, music, art) Art studio with ancillary sales (3) Floor Area. The minimum floor area of a live-work unit shall be one thousand (1,000) square feet. No more than seven hundred fifty (750) square feet of the live-work unit shall be reserved for living space, including kitchen, bathroom, sleeping, and storage areas. The remaining gross floor area of each unit shall be reserved and regularly used for sleeping space. (4) Construction. Each live-work unit shall be a separate unit from other uses in the building. The ground floor of all live-work units shall meet the Florida Building Code requirements for mixed occupancy buildings. Each unit, including the garage, shall be separated by walls from other live-work units or other uses in the building. (5) Accessibility. Buildings designated as live-work units shall provide universal accessibility to the front and to the interior space of the non-residential area of the live-work unit from the public sidewalk adjacent to the street. (6) Miscellaneous. No more than two (2) on-site employees, in addition to the resident(s) of the live- work unit, may undertake business activities from said unit. At least one (1)resident of an individual live-work unit shall maintain a current occupational license for a business located in that unit. Acknowledgment, in the form of an affidavit, of the employee limitation shall be made by the unit resident, at the time of application for an occupational license. The work area shall not be rented separately from the living space. b. MU-L-1 District, MU-E2 District, MU-E3 District, MU-4 District and MU-14C District. The following restrictions apply to projects within zoning districts that contain master plans approved for live-work units: (1) Floor Area. The minimum floor area of a live-work unit shall be one thousand (1,000) square feet. No more than seven hundred fifty (750) square feet of the live-work unit shall be reserved for living space, including kitchen, bathroom, sleeping, and storage areas. The remaining gross floor area of each unit shall be reserved and regularly used for sleeping space. (2) Use(s). The work activity in a building where live-work units are allowed shall be any use permitted by right in the zoning district, except that in order to protect the health and safety of persons who reside in a live-work unit, no work activity shall be permitted that by virtue of size, intensity, number of employees or the nature of the operation, has the potential to create significant impacts by reason of dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials, process,product or wastes. (3) Construction. Each live-work unit shall be a separate unit from other uses in the building. (4) Accessibility. Access to each live-work unit shall be provided from common access areas, common halls or corridors, or directly from the exterior of the building. (5) Separation. Each live-work unit shall be a separate unit from other uses in the building. Access to each live-work unit shall be provided from common access areas, common halls, or corridors, or directly from the exterior of the building. (6) Miscellaneous. At least one (1)resident of an individual live-work unit shall maintain a current business tax receipt for a business located in that unit. No portion of a live-work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a Page 336 of 544 person not working in the same unit. No live-work unit shall singly be changed to exclusively commercial or exclusively residential use. No conversion of all live-work units in a single structure to exclusively residential use shall be permitted where the work portion of the units is the only commercial use in a project, nor shall conversion to exclusively commercial use be permitted where the live portion of the units is the only residential use in a project. 43. Art, Book, Craft, Hobby, Music, Sporting Good, & Toy Store. a. CBD District. Bait and tackle shops are permitted as an accessory use to marinas, including yacht clubs. b. PID district. This use is also allowed as an accessory use to an artist studio. 44. Auto Dealer, (New &Used). a. C-4 district. Allowed only as a conditional use accessory to the repair of motor vehicles. No outdoor storage of vehicles, for sale shall be permitted. b. MU-L-3 district and MU-14C district. (1) General. Indoor storage/display only and shall not exceed ten thousand (10,000) square feet. This use excludes automotive, minor repair, and auto car/wash. Conditional use approval shall be required if all or a portion of the inventory is located within a parking garage/structure. (2) Access. Shall not be directly from any major roadway. (3) Storage. No outside storage of materials,parts, and vehicles. (4) Design. Pursuant to Chapter 4, Article III, Section 3.A.7, overhead doors shall not be visible from any major roadway frontage. (5) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on-site. c. M-1 district. Allowed only as a conditional use accessory to the repair of motor vehicles. No outdoor storage of vehicles for sale shall be permitted. d. PID district. This non-industrial use is allowed within the PID district as a conditional use. Also, within the Quantum Park PID such uses are limited to lots with an Industrial (I)use option or Industrial/R (with retail sales) option. Vehicle inventories must be stored/displayed indoors. A pre- existing business located on Quantum Park lots 77 through 80 is exempt from the requirements relative to conditional use approval, outdoor storage or display of vehicle inventories, and locating on lots with the"I" and "I/Retail" use options. 45. Boat Dealer/Rental. a. C-3 District. Boat dealer/rental, as a principal use, shall exclude the repair or service of vessels on the premises. No outdoor storage of boats shall be permitted. b. C-4 District. Conditional use approval shall be required if merchandise is to be stored outdoors. Outdoor storage areas shall be adequately screened from abutting properties and rights-of-way, with the exception that a single merchandise item may be visible from abutting rights-of-way. The display must be in combination with project signage, and the setback, landscaping and design of this site feature shall minimize the visual impact on the adjacent roadway. If any vehicle use areas are not separated by an intervening building and visible from an arterial roadway, right-of-way landscaping shall be in accordance with the City's Urban Landscape Code except that the width shall be at least 10 feet, it shall include a berm, and enhanced with additional plants selected and maintenance to facilitate, varying growth heights to provide some screening of the space between the hedge material and tree canopies. The landscaping required to represent"adequate" screening, as well as the appropriate design of the merchandise display feature and right-of-way landscaping shall be determined as part of the conditional use review process. Page 337 of 544 c. PCD District. Boat dealer/rental, as a principal use, shall exclude the repair or service of vessels on the premises. No outdoor storage of boats shall be permitted. Inventories must be stored/displayed indoors. d. MU-4 District and MU-14 District. Boat dealer/rental is allowed as an accessory use to a marina but conditional use approval is required. No exterior loudspeakers or paging equipment shall be permitted on- site. Storage/display allowed only in wet docks or indoor not to exceed ten thousand (10,000) square feet. The sales, rental, service, repairs, and storage of marine trailers are prohibited. e. M-1 District. Allowed only as a conditional use accessory to the repair of boats. Outdoor storage areas shall be adequately screened from abutting properties and rights-of-way. f. PID District. Required conditional use approval. Also, within the Quantum Park PID such uses are limited to lots with an Industrial (I)use option or Industrial/R (with retail sales) option. Inventories must be stored/displayed indoors. 46. Gasoline Station. a. All Districts. (1) Location. Gasoline stations, except where otherwise allowed by these regulations, are only allowed on properties located at three-way or four-way intersections involving arterial and collector road of rights-of- way as designated by the Comprehensive Plan, excluding local streets and alleys. Interchanges with I-95 are included as eligible intersections. Eligible properties at an intersection with I-95 include the first parcel directly west or east of the toe embankment of the I-95 interchange. This may also be defined as the first parcel with frontage on and access from the arterial road that intersects with the I-95 right-of-way. A maximum of two (2) gasoline stations shall be allowed at each intersection. A convenience store with retail gasoline sales is considered to be a gasoline station and is therefore, restricted to these location requirements. (2) Lot Size. Minimum lot size: thirty thousand(30,000) square feet. (3) Frontage. Minimum street frontage: two hundred twenty-five(225) feet on each frontage measured from the intersecting right-of-way lines of the public streets. (4) Access. (a) Only one (1) access driveway is allowed from each major street frontage. Driveways shall be located a minimum of fifty (50) feet from the intersection unless county or state standards require a greater distance; (b) Driveways shall be a minimum of thirty (30) feet and a maximum of forty-five(45) feet in width; and (c) Driveways shall not be located less than thirty (30) feet from any interior property line. (5) Setbacks. (a) No canopy shall be located less than twenty (20) feet from any property line; and (b) No gasoline pump island shall be located less than thirty (30) feet from any property line. (6) Storage. No outside storage of materials,parts, and no overnight storage of vehicles outside. (7) Design. Pursuant to Chapter 4, Article III, Section 3.G.4., all gasoline stations located on designated out-parcels to shopping centers, business centers, or other planned commercial developments shall conform in design to the approved design plan of the principal center. (8) Landscaping. See landscaping standards in Chapter 4. Page 338 of 544 (9) Lighting. See lighting standards in Chapter 4. (10) Except for where otherwise approved on a master sign program, gasoline stations shall only be permitted to advertise on signage located within the property boundaries. (11) Gasoline stations shall be permitted uses if located greater than 200 feet from a boundary of a residential zoning district. Distances for the purpose of this subsection shall be measured from the closest gasoline pump island or canopy of the gasoline station to the closest boundary of the residential or mixed-use zoning district. (12) A station existing prior to amendment of these regulations that is located on a lot that does not conform to the property development regulations of the zoning district, as defined in Section 11 of this chapter, may be enlarged, expanded, reconstructed or restored without limitation based on percent of property value, as long as the magnitude of the non-conformity is not worsened by the improvement. b. C-2 District, C-3 District, and C-4 District. (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. Except for properties located within the Urban Commercial District Overlay Zone, the following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above-ground storage facilities. (a) Building front(and side corner) - 35 feet; (b) Building side- 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy- five(75) feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. (3) Exceptions to requirement for location at intersections as stated above under section a.(1). When a gas station is accessory to a principal retail use and when all requirements applicable to the PCD District are satisfied. c. PCD District. (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. The following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above-ground storage facilities. (a) Building front(and side corner) - 35 feet; (b) Building side- 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy- five(75) feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. (3) Separation. No gasoline pump island shall be located less than two hundred(200) feet from any public right-of-way. Page 339 of 544 (4) Exceptions to requirement for location at intersections as stated above under section a.(1). Uses within the PCD District shall not be required to comply with the location standard described above in subsection a.(1). (5) Pre-existing uses. Gasoline stations that were in existence prior to the adoption of these regulations shall not be deemed non-conforming to the corresponding site standards if located in compliance with the location (intersection) standard stated above in section a. (6) Relief from Standards. Waivers from the following standards may be granted in accordance with Chapter 2, Article II by the City Commission for existing projects annexed into the city, when the regulation cannot be fully complied with, but where the intent of the LDR is met: (a) Section 3.D.46.a.(5)(a) above; (b) Section 3.D.46.a.(5)(b) above; (c) Section 3.D.46.c.(3)(a) above; or (d) Section 3.D.46.c.(3)(b) above. The applicant shall provide justification of the waiver and submit a mitigation plan off-setting the impact. d. MU-L-3 District and MU-14 District. (1) Use(s) Allowed. A convenience store is allowed as an accessory use to a gasoline station. (2) Setbacks. (a) Building setbacks shall meet those required by the applicable zoning district. (b) Canopy structure over the fuel pumps shall be located either to the side or rear of its associated principal building. e. PID District. This non-industrial use shall be allowed within the PID district provided it is located on a lot with a Mixed Use(MU)land use option and at an intersection that would satisfy the location requirements of this note. (1) Use(s) Allowed. A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. Except for properties located within the Urban Commercial District Overlay Zone, the following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above-ground storage facilities. (a) Building front(and side corner) - 35 feet; (b) Building side- 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy- five(75) feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. 47. Grocery Store. a. MU-L-1 District MU-E2 District MU-E3 District M1.J-4-District-and MU-14C District. Gross floor area of grocery store must be a minimum of fifteen thousand (15,000) square feet and a maximum of eighty thousand (80,000) square feet. Page 340 of 544 48. Hardware Store. a. CBD District. Excluding lumber or building materials dealers, lawn & garden shops, glass, electrical, plumbing, heating supplies, and the like. b. MU-L-1 District, MU-L-2 District, MU-L-3 District, MU-4 District, MU-14C District, and PID District. Indoor storage/ display only and shall not exceed ten thousand (10,000) square feet. c. PID District. This use excludes an on-site lumber yard and any other exterior(outside) activity or storage. 49. Home Improvement Center. This use excludes an on-site lumber yard and any other exterior(outside) activity or storage. 50. Marine Accessories. a. C-2 District. Excluding any installation on premises, and excluding machine shop service. b. MU-L1 District, MU-E2 District, MU-E3 District, MU-4 District and MU-14C District. Indoor storage/display only and shall not exceed ten thousand(10,000) square feet. The sales, rental, service, repairs, and storage of marine trailers are prohibited. Marine customizing, detailing, service,parts, or repair is also prohibited. 51. Merchandise New. This use excludes an on-site lumber yard and any other exterior (outside) activity or storage. 52. Merchandise, Used(Antique& Consignment Shops and Bookstores). Gross floor area shall not exceed twenty five thousand(25,000) square feet, except if proposed within the Community Redevelopment Area, the maximum size is twenty five hundred (2,500) square feet. The maximum size may be increased up to ten thousand (10,000) square feet if approved as a conditional use. This size restriction shall prevail if it conflicts with the size limit set by another applicable note. An auction house is allowed but only as an accessory use qualifying under this paragraph. 53. Merchandise, Used(Other). This establishment shall be limited to a maximum of five thousand (5,000) square feet of gross floor area except if proposed within the Community Redevelopment Area, the maximum size is twenty five hundred (2,500) square feet, and must be located a minimum distance of two thousand, four hundred (2,400) feet from another merchandise, used (other) or multiple-vendor market establishment, as measured by direct distance between property lines. The floor area of an existing merchandise, used (other) establishment shall not be expanded in instances where located less than the minimum separation requirement. All new applications to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit certifying compliance with this restriction. Exterior storage and display in connection with such uses shall be prohibited. 54. Mobile Vending Unit (MVU). See Chapter 3, Article V, Section 10 for additional regulations regarding an MVU. 55. Multiple-Vendor Market. A multiple-vendor market shall be limited to five thousand(5,000) square feet of gross floor area and must be located a minimum distance of two thousand, four hundred (2,400) feet from another multiple-vendor market or merchandise used (other) establishment, as measured by direct distance between property lines. The floor area of an existing multiple-vendor market establishment shall not be expanded in instances where located less than the minimum separation requirement. All new applications to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit certifying compliance with this restriction. Exterior storage and display in connection with such uses shall be prohibited. Page 341 of 544 56. Nursery, Garden Center, & Farm Supply. The exterior display of live plants is exempt from the three hundred (300)-foot distance requirement of Chapter 3, Article V, Section S.D. and such plants may remain outdoors after normal business hours provided that their placement complies with the location criteria of Chapter 3, Article V, Section S.C. 57. Pharmacy & Drug Store. a. All Districts. No more than fifteen percent (15%) of the total number of prescriptions sold within a thirty (30) day period can be derived from the sale of Schedule II controlled substances as listed in F.S. § 893.03. All pharmacies and drug stores shall be staffed by a state licensed pharmacist who shall be present during all hours the pharmacy, or pharmacy function of the drug store, is open for business. This restriction on prescription sales shall not apply to a pharmacy operating accessory to a facility licensed pursuant to F.S. Chapter 395 (e.g., hospital). b. MU-4 and MU-14C District. Use shall be subject to the following distance separation requirements from similar uses, measured in a straight line, using the shortest distance between property lines shall be the following: (1) Seven hundred fifty (750) feet: For uses with less than five thousand(5,000) square feet of gross floor area; (2) One thousand, five hundred(1,500) feet: For uses with a gross floor area equal to or greater than five thousand (5,000) gross square feet. 58. Restaurant. a. All Districts. See Chapter 3, Article V, Supplemental Regulations regarding the sidewalk cafe permit. b. C-1 District. A restaurant is allowed as accessory use to a business or professional office and/or a medical or dental office but subject to the following conditions: (1) Signage. No external signage for the restaurant use shall be allowed; (2) Hours of operation shall be limited to coincide with the hours of operation of the principal use. c. M-1 district. This non-industrial use is allowed within the M-1 district,provided that it 1) is located within a multiple-tenant development on a lot that fronts on an arterial or collector roadway; 2) does not exceed two thousand, five hundred(2,500) square feet; 3) excludes a drive-up, drive-through, or drive-in facility; and 4) complies with all off-street parking requirements of Chapter 4, Article V. In addition, the sale of used merchandise is only allowed as accessory to the sale of new merchandise. 59. Restaurant(Take-Out). a. M-1 district. This non-industrial use is allowed within the M-1 district,provided that it 1) is located within a multiple-tenant development on a lot that fronts on an arterial or collector roadway; 2) does not exceed two thousand, five hundred(2,500) square feet; 3) excludes a drive-up, drive-through, or drive-in facility; and 4) complies with all off-street parking requirements of Chapter 4, Article V. In addition, the sale of used merchandise is only allowed as accessory to the sale of new merchandise. 60. Auto/Car Washes (Polishing, Waxing, Detailing). a. C-2 District, C-3 District, C-4 District, and PCD District. Only a fully automated-style auto/car wash facility is allowed as an accessory use to a gasoline station. However, conditional use approval is required for this component of the establishment. b. PID District. Only allowed as an accessory use to an auto dealer, new or used. 61. Automobile Rental. Page 342 of 544 a. C-3 District. Allowed as an accessory use to automotive, minor repair. Conditional use approval is required. In addition, the following criteria must be met: (1) Location. On sites greater than seventy-five(75) acres and only within a separate building in a shopping center, automobile rental is allowed subject to the following additional conditions: (a) The customer service area shall be located within the building being used for an automotive, minor repair; (b) No more than twelve(12) automobiles shall be stored on-site for the purpose of rental, and such automobiles shall be stored in marked stalls; (c) No fueling or refueling of automobiles shall be permitted on-site. b. C-4 District. Automotive, minor repair is allowed as an accessory use to automobile rental,provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. c. PCD District. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of two hundred (200) feet. d. MU-L-3 District and MU-14C District. The indoor storage/display of fleet vehicles are permitted but shall not exceed ten thousand (10,000) square feet. Conditional use approval shall be required if all or a portion of the inventory is located within a parking garage/structure. (1) Access. Shall not be directly from any major roadway. (2) Storage. No outside storage of materials,parts, and vehicles. (3) Design. Pursuant to Chapter 4, Article III, Section 3.A.7., overhead doors shall not be visible from any major roadway frontage. 62. Automotive, Minor Repair. a. C-2 District. Automotive, minor repair is allowed as an accessory use to a gasoline station. Conditional use approval is required for this component of the establishment. b. C-3 District. (1) As an Accessory Use. Automotive, minor repair is allowed as an accessory use to a gas station and also to automobile rental,provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. (2) As a Principal Use. Automotive, minor repair is allowed as a principal use,provided that it is located on a lot that is at least five (5) acres. The following restrictions shall also apply, where applicable: (a) On sites of greater than five (5) acres and less than seventy-five(75) acres, all such uses shall be located in either a principal building of a shopping center or in a subordinate, stand-alone building and/or outparcel within a commercial master plan,provided that the subordinate stand-alone building and/or outparcel Page 343 of 544 within a commercial master plan is not located between the principal building and an adjoining right-of-way or between the principal building and abutting residentially zoned property. (b) On sites of greater than seventy-five(75) acres all such uses will be allowed to be located in a separate building in a shopping center. For the purpose of this section, motor vehicles shall mean only motorcycles, mopeds,passenger cars (a motor vehicle with motive power, except a multipurpose passenger vehicle or motorcycle, designed for carrying ten (10)persons or less), or multipurpose passenger vehicles (motor vehicle with motive power designed to carry ten (10)persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation). All repair and service of vehicles shall be done within an enclosed building. c. C-4 District. This use is allowed within the C-4 district but it shall not be located on a lot that borders an arterial roadway. All repair functions must occur within enclosed buildings and exterior storage of vehicles in a damaged or disassembled condition must be adequately screened from rights-of-way and adjacent properties. d. PCD District. Automotive, minor repair is allowed as an accessory use to automobile rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. Automotive, minor repair is allowed as a principal use but conditional use approval is required. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of two hundred (200) feet. e. M-1 District. Excluding the keeping of vehicles in violation of City of Boynton Beach Code of Ordinances, and excluding gasoline stations selling motor fuels at retail. Any exterior storage of motor vehicles or boats in a wrecked condition shall be permitted only in connection with a lawful principal use, and shall be adequately screened. f. PID District. Only allowed as an accessory use to a retail auto dealer, new or used. 63. Automotive, Major Repair. Excluding the keeping of vehicles in violation of the City of Boynton Beach Code of Ordinances, and excluding gasoline stations selling motor fuels at retail. Any exterior storage of motor vehicles or boats in a wrecked condition shall be permitted only in connection with a lawful principal use and shall be adequately screened. 64. Automotive Window Tinting/Stereo Installation/Alarms. a. C-2 District. Automotive window tinting/stereo installation/alarms is allowed as an accessory use to a gasoline station; merchandise, new (supercenter, discount, department, club); or an electronics & appliance store. Conditional use approval is required for this component of the establishment. b. C-3 district. (1) As an Accessory Use. Automotive window tinting/stereo installation/alarms is allowed as an accessory use to automobile rental,provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. (2) As a Principal Use. Automotive window tinting/stereo installation/alarms is allowed as a principal use,provided that it is located on a lot that is at least five(5) acres. The following restrictions shall also apply, where applicable: Page 344 of 544 (a) On sites of greater than five (5) acres and less than seventy-five(75) acres, all such uses shall be located in either a principal building of a shopping center or in a subordinate, stand-alone building and/or outparcel within a commercial master plan,provided that the subordinate stand-alone building and/or outparcel within a commercial master plan is not located between the principal building and an adjoining right-of-way or between the principal building and abutting residentially zoned property. (b) On sites of greater than seventy-five(75) acres all such uses will be allowed to be located in a separate building in a shopping center. For the purpose of this section, motor vehicles shall mean only motorcycles, mopeds,passenger cars (a motor vehicle with motive power, except a multipurpose passenger vehicle or motorcycle, designed for carrying ten (10)persons or less), or multipurpose passenger vehicles (motor vehicle with motive power designed to carry ten (10)persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation). All repair and service of vehicles shall be done within an enclosed building. c. C-4 District. Automotive window tinting/stereo installation/alarms is allowed as an accessory use to automobile rental,provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. d. PCD District. Automotive window tinting/stereo installation/alarms is allowed as an accessory use to automobile rental,provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. Automotive window tinting/stereo installation/alarms is allowed as a principal use but conditional use approval is required. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of two hundred (200) feet. e. M-1 District. Excluding the keeping of vehicles in violation of the City of Boynton Beach Code of Ordinances, and excluding gasoline stations selling motor fuels at retail. Any exterior storage of motor vehicles or boats in a wrecked condition shall be permitted only in connection with a lawful principal use and shall be adequately screened. 65. Check Cashing. a. C-3 District, C-4 District, and PCD District. Check cashing shall be limited to five thousand (5,000) square feet of gross floor area and must be located a minimum distance of two thousand, four hundred(2,400) feet from another such establishment, as measured by direct distance between property lines. The floor area of an existing check cashing establishment shall not be expanded in instances where located less than the minimum separation requirement. All new applications to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit certifying compliance with this restriction. 66. Dry Cleaner. a. All Districts. Cleaning services are limited to retail customers and includes the alteration and/or repair of clothing. b. SMU District, MU-L-1 District, MU-L-2 District, MU-E3 District, MU-4 District and MU-14 District. On-site drop-off and pick-up is allowed as a permitted use; however, any cleaning or laundering activities conducted on the premises requires conditional use approval, and the floor area of such establishment cannot exceed two thousand(2,000) square feet. Page 345 of 544 67. Funeral Home. A funeral home is allowed as an accessory use to a cemetery. 68. Personal Care(Beauty, Hair, Nails). a. R-3 District, PUD District, C-2 District, C-3 District, C-4 District, CBD District, PCD District, all "Mixed Use" Districts and PID District. In these districts, body piercing and tattooing are allowed, but only as accessory to a lawful principal use. In the M-1 district however, such businesses are allowed as a principal use, but only in accordance with Section 3.D.4. above. 69. Pet Care(Boarding and Daycare). a. All Districts. Conditional use applications must include provisions for proper care and mitigation of potential impacts on adjacent properties. Pet care (boarding and daycare)is allowed as an accessory use to either a pet care (grooming) or pet care (veterinary services) establishment, but it requires conditional use approval if it exceeds twenty-five percent (25%) of the floor area or two thousand, five hundred (2,500) square feet, whichever is less. b. C-2 District, C-3 District, C-4 District, CBD District, SMU District, MU-L-1 District, MU-L-2 District, and PID District. No external kenneling is allowed in these districts, either as a principal or accessory use. c. PCD District. No external kenneling is allowed, either as a principal or accessory use. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of six hundred (600) feet. d. M-1 District. External kenneling shall only be allowed for those establishments located in excess of six hundred (600) feet from residentially zoned property. Such uses shall also comply with the requirements of City Code of Ordinances Part II, Chapter 4, Section 4-4, except that the maximum enclosure size and area standards within 4-4(b)2.a. shall not apply. 70. Postal/Mail Center. a. All Districts. Storage of delivery trucks is prohibited. b. C-1 District. Allowed as an accessory use to a business or professional office or a medical or dental office. Gross floor area shall not exceed two thousand, five hundred (2,500) square feet. c. MU-4 District and MU-14 District. This use shall be limited to a maximum gross floor area of two thousand, five hundred (2,500) square feet. 71. Repair, Rental, & Maintenance of Home/Garden Tools. a. C-3 District. Excluding exterior display or storage of merchandise. b. PCD District. Excluding exterior display or storage of merchandise. The repair and service of merchandise shall be permitted as either an accessory or principal use, for any merchandise, which is typically sold in the PCD district. 72. Hospital. A helipad(also known as a helistop) may be allowed as an accessory use to a hospital establishment, but it shall require conditional use approval. 73. Business or Professional Office. Page 346 of 544 a. "Mixed Use" Districts. This use shall be integrated into a mixed use building or development. It must not 1) occupy more than fifty percent(50%) of the gross floor area of any given building or 2) exceed thirty percent (30%) of the gross floor area of the mixed use development. However, this requirement does not include those developments that contain such uses in excess of one hundred thousand(100,000) square feet. 74. Social Service Agency. a. R-2 District and R-3 District. (1) Location. Along the following roadway types as designated in the City of Boynton Beach Comprehensive Plan: Arterials and collectors. (2) Size. The maximum building size shall be limited to two thousand(2,000) square feet(per lot); however, for properties located within the boundaries of the Federal Highway Corridor Redevelopment Plan, the maximum building size may be larger, but not to exceed five thousand (5,000) square feet. (3) Design. Building design shall be consistent with surrounding residential styles. (4) Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut single-family residential zoning districts. 75. Adult Entertainment. a. Finding of Fact. The city acknowledges that nude and exotic dancing and entertainment is an expression protected under the First Amendment of the Constitution of the United States. Such expression communicates a message to the intended audience but shall not be obscene, as defined by the courts, nor involve children. The Supreme Court has upheld local regulations that are not intended to preclude such protected expression, but rather to prevent the harmful side effects known as "secondary effects." Based on various reports, studies, and judicial opinions generated throughout the country, including within the State of Florida, the City of Boynton Beach finds it in the interest of health, safety,peace,property values, and general welfare of the people and businesses of the City of Boynton Beach to regulate said businesses to control the secondary effects associated with them. Secondary effects have been proven to include, in part, increased criminal activities, moral degradation, depreciation of property value, and harm to the economic welfare of the community as a whole. By limiting the location and concentration of such uses, by limiting the proximity of such uses to places of residence and public gathering, and by restricting the sale of alcohol within or nearby said establishments, the secondary effects referenced above will be avoided or minimized. Also contributing to the control of secondary effects are restrictions on operational characteristics, including the interaction between nude or partially nude entertainers, and patrons, customers, other employees and entertainers, given the threat they represent to the health of others through the spread of communicable and social disease. Requirements regarding buffers and stage designs are intended to protect public health while preserving the forms of expression intended by the protected nude and exotic entertainment. b. Terms and Definitions. See Chapter 1, Article II for all terms and definitions (e.g., alcoholic beverage establishment; nudity; partial nudity)pertaining to adult entertainment establishments. c. All Districts. In addition to the requirements of the underlying zoning district, other applicable general regulations, county licensing requirements, and City Code of Ordinances Part II, Section 3-6, the following requirements shall apply to adult entertainment establishments: (1) No adult entertainment establishment shall be located closer than seven hundred fifty (750) feet from any other adult entertainment establishment measured from lot boundary to lot boundary along a straight airline route, except when the property containing the adult entertainment establishment is separated from the above use by the I-95 right-of-way and CSX rights-of-way, or the Boynton (C-16) Canal right-of-way. Page 347 of 544 (2) No adult entertainment establishment shall be located closer than seven hundred fifty (750) feet from any church use (house of worship); residential zoning district(including a mixed use district containing a residential component or a mixed use pod of a planned industrial development); public usage(PU) district; recreation district except where the subject property is a preserved natural area not accessible to the general public; or schools measured from lot boundary to lot boundary along a straight airline route, except when the property containing the adult entertainment establishment is separated from the above uses by the I-95 and CSX Railroad rights-of-way, or the Boynton (C-16) Canal right-of-way. 76. Artist Studio. a. C-3 District, C-4 District, CBD District, PCD District, and all "Mixed Use" Districts. The fabrication, bending, welding, assembly, or processing of any heavy metal, wood,plastic, or similar products shall only be allowed for establishments located within the M-1 district. 77. Entertainment, Indoor. a. C-2 District. Limited to amusement arcades and shall be only allowed in a shopping center located on an arterial roadway. b. M-1 District. Limited to indoor playground/play centers and amusement arcades only. 78. Entertainment, Outdoor. a. C-3 District and PCD District. Must be at least one thousand(1,000) feet from a residential use. 79. Marina, Including Yacht Club. a. All Districts. Marinas, including yacht clubs, are limited to the following uses: mooring and docking of private pleasure craft; sale of fuels and lubricants; occupancy of private craft as living quarters provided that such craft are connected to public sewer facilities; operation of drift and charter fishing boats and sightseeing boats; bait and tackle shops. b. IPUD District. Private marinas, as a principal use, requires the following: (1) Minimum lot area: Four(4) acres. (2) Minimum lot frontage: One hundred fifty (150) feet and minimum average width of two hundred (200)feet. (3) Maximum height: Forty-five(45) feet. (4) Principal land uses may include boat and yacht clubs, and private or public marinas (see Chapter 1, Article II, Definitions) contingent upon being located within an area identified with the "Preferred" siting designation by the 2007 Palm Beach County Manatee Protection Plan. However, major repairs and boatels, or residing on boats, shall be prohibited in the IPUD district. Additionally, all sale or minor repair of boats, or components thereof, shall only occur within a fully enclosed structure except as otherwise allowed by paragraph (6)below. The above noted principal uses, when combined with residential uses, in which the residential component occupies twenty-five percent (25%) or more of the total land area, shall be considered permitted uses, otherwise such marine uses shall require conditional use approval. (5) Boatels and the residing on boats shall be prohibited within the IPUD district, except that temporary stays shall be allowed for a maximum of three (3) nights within a twelve (12)-month period. (6) The following uses shall be allowed as accessory to one (1) of the principal marine uses described above: boat brokerages, ship's stores, tackle shops, maritime museums or other related educational uses, restaurants, boat ramps, and other launching facilities. Page 348 of 544 (7) Marine-oriented and water dependent uses shall meet all the requirements of Section 3.C.5. above, except for subparagraph (a)in that a marina may be the sole principal use of a project and is not required as a component of a mixed use development containing dwelling units. (8) No outdoor dry storing or stacking of boats or other related items shall be allowed, except that outdoor displays are allowed for sales purposes as long as the boats are restricted to ground level display, are not visible from abutting rights-of-way or residential properties, and are not placed within landscape areas or required parking spaces. (9) Wash down and other post-use servicing shall be done within the dry storage building or within an enclosed structure(e.g., three-sided and roofed) designed and oriented to minimize external impacts. (10) Water used for flushing and other cleaning activities shall be properly pretreated prior to discharge into the stormwater system, and conservation measures shall be considered to facilitate reclamation/recycling. (11) No outdoor speakers shall be allowed other than for low volume music that is not audible off-site. (12) In addition to adhering to the city's sound regulations, no equipment, machines, or tools shall be used between the hours of 8:00 a.m. and 6:00 p.m. that generates noise unique to a residential neighborhood. (13) See Chapter 4, Article III, Section 3.G.6. for additional design regulations for commercial buildings and boat storage facilities. (14) Landscaping above and beyond the regulations cited elsewhere in this Code shall be required for all non-residential buildings in excess of forty thousand (40,000) square feet, in order to reduce the perceived scale and massing of such buildings. (15) The width of the foundation planting areas visible from streets or residential properties shall be fifty percent (50%) of the facade height. The applicant may submit an alternate planting plan that depicts the required screening/softening of the large building facades, however in no instance shall the planting area be less than twelve (12) feet in width. (16) The height of the plant material shall be in relation to the height of the adjacent facade or wall. Further, the height of fifty percent(50%) of the required trees or palms shall be a minimum of two-thirds (2/3) of the height of the building. One (1) canopy tree or a cluster of three (3)palm trees shall be installed within the foundation planting area every twenty (20) feet on center along each facade visible from streets or residential properties. Canopy and palm trees shall be distributed along the entire facade where foundation landscaping areas are required, with understory plant material arranged in the areas between the low growing shrubs and tree or palm canopies. The applicant may submit an alternate planting plan that depicts the rearrangement of plant material in order not to interfere with required building enhances discussed herein. (17) A perimeter landscape barrier shall be required between incompatible uses and/or zoning districts; or where there are differences in density, intensity, or building heights or mass; or for those certain uses requiring additional screening in order to shield outdoor storage or operations. The barrier shall consist of a decorative buffer wall of at least six (6) feet in height, in addition to a variety of densely planted trees, hedges and shrubs. In areas where sufficient width is provided or staff determines additional buffering is warranted, a berm may be required in addition to the above regulations. (18) The applicant shall demonstrate through site design and buffering how sound associated with the non-residential components of the project will be mitigated. 80. Rentals, Recreational (Bicycles, Canoes, Personal Watercraft). a. MU-L-1 District, MU-L-2 District, and MU-L-3 District. Indoor storage/display only and shall not exceed ten thousand (10,000) square feet. 81. Sightseeing & Scenic Tours. Page 349 of 544 a. All Districts. Vehicles used in support of the operation that are of a size in excess of a standard parking stall shall be stored in a zoning district where outdoor storage of vehicles is allowed. b. CBD District, MU-El District, MU-E2 District, MU-E3 District, MU-4 District and MU-14C. District. Sightseeing boats are allowed in conjunction with a marina, including yacht club. 82. Theater. All outdoor style theaters (i.e. band shell, amphitheater) require conditional use approval. 83. Cemetery. a. C-1 District, C-2 District, C-3 District, C-4 District, PCD District, MU-L-1 District, MU-L-2 District, and MU-L-3 District. On parcels ten (10) acres or greater, a cemetery may be allowed as an accessory use to a funeral home establishment. 84. Church. a. R-1-AAB District, R-1-AA District, R-1-A District, and R-1 District. Expansions and improvements to, and redevelopment of pre-existing places of worship that do not meet the minimum lot standards of the zoning district, or the other requirements of Section 3.D.33 above shall be allowed in accordance with the following requirements: (1) Improvements shall only be allowed if the subject property was under proper ownership prior to the adoption of these regulations. Ownership shall be based on the records of the County Property Appraiser's Office. (2) Rights-of-way for primary access shall be adequate and improved in accordance with (Engineering Design Handbook and Construction Standards); (3) The size of building improvements shall be allowed up to a maximum of 100% of the pre- existing area. (4) Expansions that would increase operational space or capacity, shall require that all existing parking areas and related landscaping meet the requirements of the city's land development regulations. (5) Parking. Projects eligible for parking space reductions of the MLK Overlay District, shall be required to meet a minimum of seventy-five percent (75%) of the spaces required under Chapter 4, Article V, Section 3.D. (6) Non-conforming and blighted conditions. Expansions that increase operational space or capacity shall require improvements to all existing facilities to raise them to a similar appearance level as the proposed improvement and additions. Sidewalks shall be added where partially or totally absent along the boundary of the subject use. This requirement shall apply to all parcels used to support the principal use, including those lots that abut the principal lot or that are separated from the principal lot by other properties or rights-of-way. (7) Design. Additions or new facilities shall be designed to be compatible with its surroundings and/or adopted community redevelopment plan to further the historic and architectural character of the neighborhood. (8) No newly proposed physical improvements other than a wall/fence or landscaping shall be placed closer than thirty (30) feet from a parcel containing or zoned for a single-family residence. (9) Any outdoor play areas shall be located a minimum of thirty (30) feet from a parcel containing or zoned for single-family residence. (10) The foregoing conditions shall also apply to any repairs or reconstruction required due to damage from fire, a major storm event, or other natural occurrence. b. R-2 District and R-3 District. Page 350 of 544 (1) Separation. Distances between residential properties and outdoor play areas shall be maximized. (2) Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut single-family residential zoning districts. 85. Government, Municipal Office/Emergency/Civic Facilities. a. All Districts. Conditional use approval shall be required for gross floor area in excess of five thousand (5,000) square feet. 86. Government, Non-Municipal Office Facilities. a. All "Mixed Use," M-1 District, and PID District. This use shall be integrated into a multiple-tenant building. It must not 1) occupy more than fifty percent (50%) of the gross floor area of any given building; or 2) exceed thirty percent(30%) of the gross floor area of the mixed use development, where applicable. b. M-1 District. This non-industrial use is allowed within the M-1 district,provided that it 1) excludes a drive-up, drive-through, or drive-in facility; and 2) complies with all off-street parking requirements of Chapter 4, Article V. 87. Day Care. a. R-1-AAB District, R-1-AA District, R-1-A District, R-1 District, and PUD District. The following applies to facilities to be located within zoning districts limited to single-family homes: (1) Design. Building design shall be consistent with surrounding residential styles in accordance with Chapter 4, Article III, Section S.G. (2) Lot Size. A minimum of one-half(0.5) acre. (3) Separation. Minimum separation requirement between day cares shall be two thousand, four hundred (2,400) feet(this distance separation requirement should not apply to day care uses limited to specific groups such as church members, and should not be intended to place restrictive limits on the expansion/improvement of those uses existing prior to codification. b. R-2 District and R-3 District. (1) Location. Along the following roadway types as designated in the City of Boynton Beach Comprehensive Plan: arterials and collectors; (a) Lot size. A minimum of one-half(0.5) acre; (b) Landscaping. A minimum buffer width of five(5) feet and a landscaping barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut residential zoning districts. Distances between outdoor play areas shall be maximized; (c) Design. Building design shall be consistent with surrounding residential styles in accordance with Chapter 4, Article III, Section S.G. c. PCD District. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and Page 351 of 544 (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of two hundred (200) feet. 88. Stone Cutting & Finishing. Conditional use approval shall be required if located within two hundred (200)feet of a residential zoning district or a Mixed Use Pod of a PID. 89. Storage, Boats/Motor/Recreational Vehicles. a. CBD District, MU-L-2 District, MU-L-3 District, and MU-14 District. The wet storage of boats is allowed as an accessory use to a marina, including yacht club. The dry storage of boats shall be prohibited. b. M-1 District. No exterior storage of boats, motor, or recreational vehicles in a wrecked condition shall be permitted. (1) Landscaping. All exterior(temporary) storage of fleet vehicles shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning and Zoning to ensure compatibility. (2) Lighting. If a facility abuts a residential zone, outdoor lighting fixtures shall be no more than twenty (20)feet in height and shall be shielded away from residential property. 90. Storage, Self-Service. a. All Districts. All self-storage facility uses shall comply with the following: (1) Rental Facility Office. A maximum of one thousand(1,000) square feet of the rental office may be devoted to the rental and/or sale of retail items used for moving and storage and including, but not limited to carton, tape and packing materials. (2) Security Quarters. A single residential unit for security purposes, not to exceed one thousand, two hundred (1,200) square feet may be established on the site of a self-service storage facility provided that said facilities are at least thirty thousand (30,000) square feet. This dwelling unit shall be considered a limited exception to the general prohibition of residential uses in industrial zones. The security quarters may continue only so long as the self-service storage facility remains active. The security quarters shall be for the exclusive use of, and shall be occupied only by a guard, custodian, caretaker, owner, manager, or employee of the owner of the facility, and respective family. (3) Use of Bays. The use of storage bays shall be limited to dead storage of household goods,personal property, or records for commercial businesses. Storage bays shall not be used to manufacture, fabricate or process goods; service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity. Individual storage bays or private postal boxes within a self-service storage facility shall not be considered a premises for the purpose of assigning a legal address in order to obtain approval or other governmental permit or license to conduct business. Other prohibited uses include storage, sale, salvage, transfer, or disposal of junk, scrap, garbage, offal, refuse, or other waste materials. Further: (a) The maximum size of a storage bay shall be limited to four hundred fifty (450) square feet. (b) Storage bay doors shall not face any abutting property that is residentially zoned or any public or private right-of-way. (c) Lighting. If a facility abuts a residential zone, outdoor lighting fixtures shall be no more than twenty (20) feet in height and shall be shielded away from residential property. (d) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on- site. Page 352 of 544 (e) Design. For all self-service storage facilities adjacent to or visible from any right-of-way, the following shall apply: (i) The exterior colors, facades, windows, roof and building materials of all structures located on-site shall be compatible with the character of or vision for the surrounding area. Self-service storage facilities shall incorporate design elements to achieve the effect of office structures. (ii) All facades viewable from rights-of-way shall provide variety and interest. These facades shall not exceed fifty (50) feet in length without visual relief by means of a vertical reveal at least one(1) foot in depth and ten (10) feet in width, a perceptible change in wall angle, or a corner. Other design attributes shall include, roof slope and materials, windows, awnings, fencing and other aesthetic elements. (f) Refuse. Dumpsters and trash receptacles shall be screened from view of adjacent lots and streets. (g) Exterior storage. (i) Vehicles shall not be stored within the area set aside for minimum building setbacks or in areas designated for landscaping buffering purposes. (ii) Pleasure boats stored on-site shall be placed and maintained upon wheeled trailers. No dry stacking shall be permitted on-site. (iii) The outside storage area shall be constructed with a dust-free surface. b. Multi-Access Self-Storage Facilities. In addition to the general standards above, multi-access self- service storage facilities shall comply with the following regulations: (1) Lot Size. The minimum lot size for a multi-access self-storage facility shall be two (2) acres. (2) Circulation. The following on-site circulation standards shall apply: (a) Interior: Interior loading areas shall be provided in the form of aisleways adjacent to the storage bays. These aisleways shall be used both for circulation and temporary customer parking while using storage units. The minimum width of these aisleways shall be twenty-five(25) feet if only one-way traffic is permitted, and thirty (30) feet if two-way traffic is permitted. A minimum width of twelve(12) feet between aisleways will be required when utilized for outdoor storage. (b) Flow: The one- or two-way traffic flow patterns in aisleways shall be clearly marked. Markings shall consist of standard directional signage and painted lane markings with arrows. (c) Access: Appropriate access and circulation by vehicles and emergency equipment shall be ensured through the design of internal turning of aisleways. (3) Height. Limited access and combination multi-access and limited-access self-service storage facilities shall conform to the maximum height for that district. The maximum height for multi-access self- service storage facilities shall not exceed twenty-five (25) feet. These heights will include any screening required to conceal air-conditioning or any other mechanical equipment. c. Limited Access Self-Storage Facilities. In addition to the general standards above, limited-access self- storage facilities shall comply with the following regulations: (1) Lot Size. The minimum lot size for a limited access self-storage facility shall be one(1) acre. (2) Loading. (a) Each entry point used to access hallways leading to the storage bays shall accommodate a minimum of two (2)loading berths and related maneuvering area. Page 353 of 544 (b) The loading areas shall not interfere with the primary circulation system on-site. (3) Circulation. The following on-site circulation standard shall apply: (a) Interior. If a minimum twenty (20) feet accessway is provided adjacent to the building and serves no other use except the self-service storage facility, then the loading area may be established parallel and adjacent to the building. It will be required to satisfy current regulations for driveway accessibility dependent on one-way or two-way traffic. (i) One-way: 25 feet; and (ii) Two-way: 30 feet. d. SMU District, MU-L-1 District, MU-L-2 District, and MU-L-3 District. Only limited-access self-service storage facilities are allowed within mixed use districts. Multi-access self-service storage facilities are prohibited. (1) Location. Permitted only on lots fronting on major arterial roadways. Retail uses unrelated to the storage business are relegated to the ground-floor. Street frontages of the ground floor area shall be devoted to one (1) or more principal retail and office uses, not related to the self-storage use, to a depth of at least twenty (20)feet. (2) Driveways. Access to the self-service storage use portion of the structure shall not be from/to an arterial roadway and must be screened from public rights-of-way. (3) Design. Buildings shall be designed to have the appearance of a multi-story retail, office, and/or residential structure through the use of windows, shutters, and appropriate building elements on the upper floors. e. M-1 District. (1) Buffers. All perimeter buffers adjacent to residentially-zoned property shall contain a continuous wall or hedge and trees, installed no less than twenty-five(25) feet on-center. (2) Exterior Storage. In connection with a self-service storage facility, open storage of boats, motor, or recreational vehicles of the type customarily maintained by private individuals for their personal use and commercial vehicles shall be permitted provided the following: (a) The outdoor storage area shall not exceed forty percent (40%) of the area of the site. (b) Outdoor storage areas shall be entirely screened from public and private rights-of-way and non- industrial properties. Screening materials shall be comprised of a buffer wall, eight (8)feet in height, or by the project's principal and/or accessory building(s) or a combination thereof. Trees, installed no less than twenty- five(25) feet on-center, in conjunction with shrubs and/or other foundation plantings, shall be placed on the outside of the buffer wall, within a landscaping strip of at least five (5) feet in width. The shrubs and foundation plantings shall be at least four (4) feet in height at the time of installation. However, their inclusion may be waived by the Director of Planning and Zoning if determined to be unnecessary. 91. Boat Repair. a. Landscaping. All exterior(temporary) storage shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning and Zoning to ensure compatibility. b. C-4 District. Shall not be located on a lot that borders an arterial roadway unless accessory to a Boat Dealer. No repair shall be allowed outside an enclosed structure, and exterior storage of boats and equipment must be adequately screened from adjacent rights-of-way and properties. Page 354 of 544 c. M-1 District. The exterior storage of boats or equipment must be adequately screened from adjacent rights-of-way and properties. The dry stacking of any boats shall be prohibited. d. PID District. Only allowed as an accessory use to a retail boat dealer. 92. Carpet and Upholstery Cleaning Services. Permitted off-site only. 93. Contractor. a. Refuse. Dumpsters and trash receptacles shall be screened from view of adjacent lots and streets. b. C-4 District. (1) Location. This use is allowed within the C-4 district but it shall not be located on a lot that fronts on an arterial roadway. (2) Use(s) Allowed. (a) Office and showroom only as a permitted use. (b) Contractors' outdoor storage and workshop shall require conditional use approval if located within two hundred(200) feet of a residential zoning district. c. M-1 District. Contractors' outdoor storage and workshop shall require conditional use approval if located within two hundred (200) feet of a residential zoning district. 94. Lawn Maintenance& Landscaping Service. a. Refuse. Dumpsters and trash receptacles shall be screened from view of adjacent lots and streets. b. C-4 District. (1) Location. This use is allowed within the C-4 district but it shall not be located on a lot that fronts on an arterial roadway. (2) Use(s) Allowed. (a) Office and showroom only as a permitted use. (b) Outdoor storage and workshop shall require conditional use approval if located within two hundred (200)feet of a residential zoning district. 95. Radio & TV Broadcasting. Refer to the wireless communication facilities section in Chapter 3, Article V (Supplemental Regulations) of the Land Development Regulations. 96. Research & Development, Scientific/Technological. Excluding treatment, storage, or processing of human or animal bodies or body parts. Medical or scientific research which involves the use, treatment, storage, or processing of human or animal bodies or body parts would require conditional use approval. 97. Sewer/Septic & Waste Mgmten Cleaning. This use excludes the storage, treatment, transfer, dumping, or disposal of waste on-premises. 98. Taxi, Limo, Charter Bus. a. C-2 District, C-3 District, C-4 District, CBD District, and PCD District. Office only; fleet vehicles shall be stored in a zoning district where storage, boats/motor/recreational vehicles is allowed. b. M-1 district. No exterior(temporary) storage of fleet vehicles in a wrecked condition shall be permitted. In addition, the following shall apply: Page 355 of 544 (1) Landscaping. All exterior(temporary) storage of fleet vehicles shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning and Zoning to ensure compatibility. (2) Lighting. If a facility abuts a residential zone, outdoor lighting fixtures shall be no more than twenty (20)feet in height and shall be shielded away from residential property. (3) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on-site. 99. Community Garden. a. All Districts. (1) Setbacks. The cultivation area shall be setback or designed (planted) a minimum distance so as to not violate any cross-visibility requirements and safe-sight standards required near vehicular use areas. (2) Design. Walkways shall be unpaved except as necessary to meet the needs of individuals with disabilities. (3) Parking. Community gardens shall be exempt from the off-street parking requirements of Chapter 4, Article V, Minimum Off-Street Parking Requirements. No vehicles, including harvesting machinery shall be stored on the subject property or within the abutting right-of-way, except that such vehicles may be on the property as necessary for completion of grading performed in accordance with a land development permit. See Chapter 2, Article III, Section 3 for the regulations pertaining to the land development permit. (4) Hours of Operation. No activity shall be conducted on-site between the hours of 9:00 p.m. and 7:00 a.m. (5) Exterior Lighting. No temporary or permanent exterior lighting shall be used beyond the lawful hours of operation. (6) Walls and Fences. Walls and fences shall be allowed and regulated in accordance with Chapter 3, Article V, Section 2. (7) Open Burning. The open burning of neighborhood gardens shall be prohibited. See City Code of Ordinances Part II, Chapter 9, Article 11, Section 9-18 for the restrictions on open burning. (8) Signage. Pursuant to Chapter 4, Article IV, Section 1.E., a non-illuminated sign with non- commercial copy is allowed,provided that it does not exceed three(3) square feet in area. If proposed as a freestanding structure, the sign shall not be greater than four(4) feet in height and must be located at least ten (10)feet from any property line. (9) Grading and Ground Elevation. The subject site shall not be excavated, graded, dredged, or filled to the extent that it would change existing drainage patterns or cause rainwater to outfall onto abutting properties or rights-of-way. b. Residential Districts. (1) IPUD District, PUD District, and MHP District. A community garden shall only be allowed on lands considered common area by the homeowners or property owners' association or upon lots that are owned by such association. (2) Lot Size. The maximum lot size shall not exceed one-half(0.5) acre. (3) Freestanding Structures and Site Amenities. No freestanding structures or site amenities allowed under Chapter 3, Article V, Section 3 (e.g., sheds and storage containers, generators and fuel tanks, compost bins and tumblers, agricultural structures) shall be allowed. Page 356 of 544 (4) Seed and Fertilizer. No seed or fertilizer shall be stored on-site. (5) Approval Process. A community garden shall require the approval of a zoning permit in accordance with Chapter 2, Article 11, Section S.B. c. All Commercial and Mixed Use Districts. (1) Lot Size. The maximum lot size shall not exceed one(1) acre. (2) Separation. A community garden shall be separated from another community garden by a minimum of one thousand(1,000) feet. (3) Freestanding Structures and Site Amenities. Freestanding structures and site amenities, including but not limited to sheds and storage containers, generators and fuel tanks, compost bins and tumblers, or agricultural structures are allowed,provided that they are installed,placed, erected, or constructed in accordance with the respective provisions of Chapter 3, Article V, Section 3. (4) Lot Coverage. The ground area of all freestanding structures and site amenities allowed under Chapter 3, Article V, Section 3 that are installed,placed, erected, or constructed shall count towards lot coverage; and all of these, including principal structures, shall not exceed the maximum allowed by the respective zoning district. (5) Approval Process. A community garden shall require the approval of a zoning permit in accordance with Chapter 2, Article 11, Section S.B. However, those containing storage and/or agricultural structures greater than one hundred (100) square feet as provided for in the Supplemental Regulations (Chapter 3, Article V, Section 3) shall require approval of conditional use and site plan applications in accordance with Chapter 2, Article II, Section 2. (6) Retail Sales. The on-site sale of fruits, vegetables, nuts, or herbs harvested on-site is allowed, but only in connection with the approval of a special event permit. Any temporary farm stand used during the special event period shall be no larger than seventy-two (72) square feet and seven (7) feet in height. No fruits, vegetables, nuts, or herbs harvested off-site or any products produced off-site shall be brought to the subject property and sold on-site. 100. Warehouse, showroom (single product line). a. All Districts (for recreational vehicles only). (1) Minimum property size for the particular use shall be ten (10) acres. (2) Must be located in a multi-tenant building. (3) Interior display of recreational vehicles is required. Ancillary display outside an enclosed building shall not exceed one and one-half(1-1/2)times the number of units displayed indoors. (4) If ancillary outdoor display is proposed, the property shall not be located on an arterial or collector roadway. (5) Only one row of recreational vehicles may be displayed between the building and any road right-of- way. No recreational vehicle may be displayed within ninety (90) feet of any road right-of-way. (6) No ancillary outdoor display shall occur within required parking spaces. (7) Location of ancillary outdoor display shall not obstruct or impede vehicular movements or pedestrian access. (8) Landscaping shall be in conformance with either"perimeter landscape buffer" or"landscape strip abutting right-of-way" requirements, whichever is applicable. Page 357 of 544 (9) No maintenance shall occur on site. 101. Medical Care or Testing (In-patient). Other requirements and site standards: a. Conditional use approval shall be required if there exists less than a fifty (50) foot setback between the subject use and an abutting residential or mixed use zoning district. This separation is intended to enable proper site design regarding secured access,private outdoor patron amenities, buffering, and the like. b. Site security shall be ensured through a minimum of surveillance cameras, limited and controlled access points, and operational procedures to restrict unauthorized and/or unarranged accessing or exiting of the facility and/or property. This subsection may be proven unnecessary based on the use or operation, surrounding land uses and/or site design. Justification shall be provided to staff in conjunction with site plan review or when applying for Certificate of Use approval. c. Privacy and access control shall be ensured through a minimum of perimeter fencing and landscape buffering intended to support the objective to control access and increase privacy of areas intended for client or patient use. This subsection may be proven unnecessary based on the use or operation, surrounding land uses and/or site design. Justification shall be provided to staff in conjunction with site plan review or when applying for Certificate of Use approval. d. In addition to the locational restriction of footnote No. 14 (arterial roadway frontage), allowed locations within the CRA shall exclude Planning Areas 42, 43, and 44 as defined within the Federal Highway Corridor Community Redevelopment Plan Update adopted in 2006, and the Boynton Beach Boulevard corridor. The intent of this standard is to reserve certain areas within the CRA to those uses that contribute to, and enhance, the entries into the downtown, the fabric of the streetscape, harmonious land use relationships, downtown retail and commerce, and other urban development efforts that establish a sense of place along the key routes leading to, and within, the downtown pursuant to an adopted redevelopment plan. 102. Pre-existing. Such pre-existing uses which are no longer allowed uses pursuant to amendments to the Zoning Matrix shall not be construed as non-conforming uses. However, major modifications to such uses shall be in accordance with the conditional use approval process if required pursuant to the Zoning Matrix, and adhere to the site design and operational restrictions of the applicable footnotes. 103. Landscape Debris Stockpiling. a. The commercial stockpiling of landscaping debris is allowed as a conditional use in the M-1 zoning district subject to the following conditions: 1) Prior to commencing the operation of a landscaping debris storage site, a property owner must first obtain a Business Tax Receipt and Certificate of Use from the city. 2) A site plan notated to show operational components of the storage facility (i.e. access, storage area, setback, etc). 3) No stockpiling of landscaping debris shall be permitted on properties of less than 0.5 acres. 4) A minimum 20-foot wide stabilized all weather access road around the perimeter of the stockpile. 5) All stored landscaping debris shall be setback at least 30 feet from any residential property line and 25 feet from all other property lines. 6) All storm water drainage shall be maintained on the site by appropriate infrastructure and improvements as approved by the City Engineer or his or her designees. 7) No chipping of stockpiled debris is permitted on the site. Page 358 of 544 8) The perimeter of a storage site shall be screened with a wall or fence that obstructs the view of the storage area from adjacent properties, except where such use abuts a residential zoning district screening shall also include landscape elements that meet the intent of the Landscape Barrier as defined in Chapter 4, Article II of the Land Development Regulations. 9) The hours of operation shall be limited to 8:00 a.m. to 6:00 p.m. Monday through Friday and Saturday from 8:00 a.m. to 2:00 p.m. or as established during the conditional use approval process. 10) Access to operations shall be only from a public right-of-way. In no case, shall a delivery or removal of the stored landscaping debris utilize a private road or alley serving residential uses for access. 11) The delivery, removal and storage shall utilize dust control measures. 12) Debris piles shall nol be placed on surfaces intended or designed for open space, or for parking or vehicle circulation. 13) Storage areas shall include fire protection monitoring, alert and suppression systems as approved by the City Fire Marshal. The following are minimum requirements which must be demonstrated to obtain Fire Marshal approval: a) No pile shall be higher than 10 feet. During any declared drought the height shall be limited to six feet. b) All piles shall be covered with a"breathable blanket" or site provided with a sprinkler system approved by the City Fire Marshal. c) All piles shall be secured behind a fence or other approved barrier that will be locked at all times when not in use. d) Because of the health hazards from the rotting vegetation and the vermin that may live there and the fire hazard these piles shall be a minimum of 25 feet from any commercial building and 40 feet from any residence. e) A working garden hose shall be at the ready at all times to put out small spot fires. f) Each pile shall be churned at least once per week and so noted on a roster to be maintained onsite and made available to a Fire Department representative on request. b. These provisions shall be in effect until August 22, 2018 as a pilot program and shall sunset unless extended or made a permanent part of these regulations by a subsequent ordinance of the city. (Ord. 10-025,passed 12-7-10; Am. Ord. 11-002,passed 3-1-11; Am. Ord. 11-018,passed 7-5-11; Am. Ord. 11- 023,passed 10-4-11; Am. Ord. 11-028,passed 10-18-11; Am. Ord. 12-006,passed 4-17-12; Am. Ord. 12-010, passed 6-19-12; Am. Ord. 13-020,passed 7-2-13; Am. Ord. 13-025,passed 10-1-13; Am. Ord. 13-029,passed 11-19-13; Am. Ord. 15-002,passed 3-17-15; Am. Ord. 15-003,passed 3-17-15; Am. Ord. 15-019,passed 8-18- 15; Am. Ord. 15-030,passed 11-3-15; Am. Ord. 16-010,passed 7-5-16; Am. Ord. 16-011,passed 7-5-16; Am. Ord. 16-023,passed 1-3-17; Am. Ord. 17-005,passed 2-21-17) Page 359 of 544 9.C. PUBLIC HEARING 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: (1) PROPOSED ORDINANCE NO. 17-024- FIRST READING -Approve The Villages at East Ocean Avenue- North Future Land Use Map Amendment(LUAR 17-002) from Local Retail Commercial (LRC) to Mixed Use High (MXH). Applicant: Arthur B. D'Almeida (2) PROPOSED ORDINANCE NO. 17-025 - FIRST READING -Approve The Villages at East Ocean Avenue- North Rezoning (LUAR 17-002) from C-2 Neighborhood Commercial and C-3 Community Commercial to MU-C, Mixed Use Core District with a proposed site plan for 336 multi-family units and 12,257 square feet of commercial space. Applicant: Arthur B. D'Almeida EXPLANATION OF REQUEST: The proposed Villages at East Ocean Avenue is a mixed use development on 5.14 acres which extend between the FEC Railroad to the east and 3rd Street on the west, with Ocean Avenue beeing a dividing line between the project's North and South components. The North component covers the area north of Ocean Avenue to Boynton Beach Boulevard, while the South part of the development extends from Ocean Avenue to the alley south of SE 1St Avenue. The land use amendments, rezonings and site plans for the North and South sections are processed concurrently (see the respective staff reports). The subject request pertains to the North section of the Villages project. The project area consists of 11 parcels, 6 of which are currently vacant This section is proposed to be redeveloped under the highest density Future Land Use (FLU) category of Mixed Use High, with Mixed Use Core zoning. The project will also avail itself of the 25% Downtown Transit-Oriented Development District's density bonus, bringing its maximum density to 100 dwelling units per acre. The request, if approved, would implement the CRA Plan's future land use (FLU) recommendation for the area. The Villages' North area is split between the Cultural and Boynton Beach Boulevard districts; each district's section carries the same FLU recommendation of Mixed Use High (MXH). The Planning & Development Board reviewed this item on August 22, 2017 and forwards it with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The project will not require capacity adjustment to the City services. FISCAL IMPACT: The project, if approved and constructed, would ultimately lead to an increase in the City's tax base. ALTERNATIVES: Staff does not recommend any alternatives. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: NA Page 360 of 544 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: NA Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance appro\Ang Villages at East Ocean Avenue North Land Use amendment D Ordinance Ordinance appro\Ang rezoning at The Villages of East Ocean Avenue® North D Staff Report Staff Report D Location Map ExhibitA. Location Map D Exhibit Exhibit B. Villages proposed FLU D Exhibit Exhibit C. Villages proposed zoning D Exhibit Exhibit D. CRA FLU recommendation Page 361 of 544 1 ORDINANCE NO. 17- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY COMMONLY KNOWN AS THE VILLAGES AT EAST 7 OCEAN AVENUE - NORTH AND DESCRIBED HEREIN, OWNED 8 BY THE ARTHUR B. D'ALMEIDA; CHANGING THE LAND USE 9 DESIGNATION FROM LOCAL RETAIL COMMERCIAL(LRG)TO 10 MIXED USE HIGH (MXH); PROVIDING FOR CONFLICTS, 11 SEVERABILITY,AND AN EFFECTIVE DATE. 12 13 WHEREAS,the City Commission of the City of Boynton Beach,Florida has adopted 14 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 15 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 16 Comprehensive Planning Act; and 17 WHEREAS, the procedure for amendment of a Future Land Use Element of a 18 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 19 WHEREAS, after two (2) public hearings the City Commission acting in its dual 20 capacity as Local Planning Agency and City Commission finds that the amendment 21 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 22 the best interest of the inhabitants of said City to amend the Future Land Use Element 23 (designation) of the Comprehensive Plan as hereinafter provided. 24 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 25 CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 27 herein by this reference. 28 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 29 following: 30 That the Future Land Use of the following described land described in Exhibit"A"is Page 362 of 544 31 amended from Local Retail Commercial (LRC)to: MIXED USE HIGH (MXH). 32 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 33 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 34 Land Development Regulation Act. No party shall be vested of any right by virtue of the 35 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 36 including appeals, are exhausted. In the event that the effective date is established by state law or 37 special act, the provisions of state act shall control. 38 FIRST READING this day of , 2017. 39 SECOND, FINAL READING and PASSAGE this day of , 2017. 40 CITY OF BOYNTON BEACH, FLORIDA 41 42 YES NO 43 44 Mayor— Steven B. Grant 45 46 Vice Mayor—Justin Katz 47 48 Commissioner—Mack McCray 49 50 Commissioner—Christina L. Romelus 51 52 Commissioner—Joe Casello 53 54 55 56 VOTE 57 ATTEST: 58 59 60 61 Judith A. Pyle, CMC 62 City Clerk 63 64 (Corporate Seal) 65 Page 363 of 544 66 EXHIBIT A NORTH PROPERTY LEGAL DESCRIPTION 08-43-45-28-03-002-0070 (ORB 25999 PAGE 1961) LOT 7, BLOCK 2, ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS THOSE LANDS CONVEYED TO THE STATE OF FLORIDA IN WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 1324, PAGE 13. TOGETHER WITH ALL IMPROVEMENTS, TENEMENTS, HEREDITAMENTS, AND APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING AND TOGETHER WITH ALL RIGHTS AND EASEMENTS OF RECORD. SUBJECT TO ALL COVENANTS, RESTRICTIONS AND EASEMENTS OF RECORD, WITHOUT REIMPOSING SAME, AND TAXES FOR THE CURRENT AND SUBSEQUENT YEARS. 08-43-45-28-03-002-0050 (ORB 14860 PAGE 1691) LOTS 5 AND 6, BLOCK 2, OF TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SUBJECT TO CONDITIONS, RESTRICTIONS, LIMITATIONS, RESERVATIONS, AGREEMENTS, DECLARATIONS, DEDICATIONS AND EASEMENTS OF RECORD, APPLICABLE ZONING LAWS AND TAXES FOR THE YEAR 2003 AND ALL SUBSEQUENT YEARS. 08-43-45-28-03-002-0030 (ORB 23738 PAGE 1529) LOTS 3 AND 4, BLOCK 2, BOYNTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE(s) 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA 08-43-45-28-03-002-0020 (ORB 21484 PAGE 1820) LOT 2, BLOCK 2, OF TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA Page 364 of 544 08-43-45-28-03-002-0080 (ORB 26000 PAGE 1) LOTS 8, 9 AND 10, BLOCK 2 OF THE TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH ALL IMPROVEMENTS, TENEMENTS, HEREDITAMENTS, AND APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING AND TOGETHER WITH ALL RIGHTS AND EASEMENTS OF RECORD. SUBJECT TO ALL COVENANTS, RESTRICTIONS AND EASEMENTS OF RECORD, WITHOUT REIMPOSING SAME, AND TAXES FOR THE CURRENT AND SUBSEQUENT YEARS. 08-43-45-28-03-002-0110 (ORB 21535 PAGE 575) LOTS 11, 12, AND 13, BLOCK 2, BOYNTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA ORB 26546 PAGE 1: 08-43-45-28-03-005-0040 PARCEL 1: LOTS 4 THROUGH 6, BLOCK 5, TOWN OF BOYNTON, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 23, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 08-43-45-28-03-005-0091 PARCEL 2: THE EAST 30 FEET OF LOT 9, BLOCK 5, TOWN OF BOYNTON, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 23, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 08-43-45-28-03-005-0100 PARCEL 3: LOTS 10 AND 11, BLOCK 5, TOWN OF BOYNTON, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 23 AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Page 365 of 544 08-43-45-28-03-005-0020 (ORB 26484 PAGE 125) THAT CERTAIN REAL PROPERTY LOCATED IN SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS 2 AND 3, BLOCK 5, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH ALL IMPROVEMENTS, TENEMENTS, HEREDITAMENTS, AND APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING AND TOGETHER WITH ALL RIGHTS AND EASEMENTS OF RECORD. SUBJECT TO ALL COVENANTS, RESTRICTIONS AND EASEMENTS OF RECORD, WITHOUT THE INTENT TO REIMPOSE SAME, AND TAXES FOR THE CURRENT AND SUBSEQUENT YEARS. 08-43-45-28-03-005-0080 (ORB 27636 PAGE 849) LOTS 8 AND 9, LESS THE EAST 30 FEET, BLOCK 5, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH ALL IMPROVEMENTS, TENEMENTS, HEREDITAMENTS, AND APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING AND TOGETHER WITH ALL RIGHTS AND EASEMENTS OF RECORD. SUBJECT TO ALL COVENANTS, RESTRICTIONS AND EASEMENTS OF RECORD, WITHOUT THE INTENT TO REIMPOSE SAME, AND TAXES FOR THE CURRENT AND SUBSEQUENT YEARS. THE PERSONAL REPRESENTATIVES RELEASE ALL LIENS OR RIGHTS TO LIENS PURSUANT TO SEC. 733.608, FLA. STAT. Page 366 of 544 1 ORDINANCE NO. 17- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 02- 5 013 TO REZONE A PARCEL OF LAND 6 DESCRIBED HEREIN AND COMMONLY 7 REFERRED TO AS THE VILLAGES AT EAST 8 OCEAN AVENUE — NORTH FROM 9 NEIGHBORHOOD COMMERCIAL (C-2) AND 10 COMMUNITY COMMERCIAL (C-3) TO MIXED 11 USE CORE WITH THE MAXIMUM DENSITY OF 12 80 DWELLING UNITS/ACRE (MU-C); PROVIDING 13 FOR CONFLICTS, SEVERABILITY, AND AN 14 EFFECTIVE DATE. 15 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 17 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 18 and 19 WHEREAS, the City of Boynton Beach, owner of the property has made application 20 to rezone a parcel of land, said land being more particularly described hereinafter, from 21 Neighborhood Commercial (C-2) and Community Commercial (C-3) to Mixed Use Core 22 with the maximum density of 80 dwelling units/acre (MU-C); and 23 WHEREAS, the City Commission conducted public hearings as required by law and 24 heard testimony and received evidence which the Commission finds supports a rezoning for 25 the property hereinafter described; and 26 WHEREAS, the City Commission finds that the proposed rezoning is consistent 27 with an amendment to the Land Use which was contemporaneously considered and approved 28 at the public hearing heretofore referenced; and 29 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 30 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\63197723-CE03-42B2-9670-239EDDOOFB74\Boynton Beach.6549.1.Villages_at East_Ocean_Avenue_-_North_-_Rezone.doc Page 367 of 544 33 Section 1. The foregoing Whereas clauses are true and correct and incorporated 34 herein by this reference. 35 Section 2. The land described in Exhibit "A" be and the same is hereby rezoned 36 from Neighborhood Commercial (C-2) and Community Commercial (C-3) to Mixed Use 37 Core with the maximum density of 80 dwelling units/acre (MU-C). A location map is 38 attached hereto as Exhibit"B" and made a part of this Ordinance by reference. 39 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 40 accordingly. 41 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 42 repealed. 43 Section 5. Should any section or provision of this Ordinance or any portion thereof 44 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 45 the remainder of this Ordinance. 46 Section 6. This ordinance shall become effective immediately upon passage. 47 FIRST READING this day of , 2017. 48 49 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\63197723-CE03-42B2-9670-239EDDOOFB74\Boynton Beach.6549.1.Villages_at East_Ocean_Avenue_-_North_-_Rezone.doc Page 368 of 544 50 SECOND, FINAL READING and PASSAGE this day of , 2017. 51 CITY OF BOYNTON BEACH, FLORIDA 52 53 YES NO 54 55 Mayor— Steven B. Grant 56 57 Vice Mayor—Justin Katz 58 59 Commissioner—Mack McCray 60 61 Commissioner—Christina L. Romelus 62 63 Commissioner—Joe Casello 64 65 VOTE 66 67 ATTEST: 68 69 70 71 Judith A. Pyle, CMC 72 City Clerk 73 74 75 76 (Corporate Seal) 77 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\63197723-CE03-42B2-9670-239EDDOOFB74\Boynton Beach.6549.1.Villages_at East_Ocean_Avenue_-_North_-_Rezone.doc Page 369 of 544 78 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\63197723-CE03-42B2-9670-239EDDOOFB74\Boynton Beach.6549.1.Villages_at East_Ocean_Avenue_-_North_-_Rezone.doc Page 370 of 544 EXHIBIT A NORTH PROPERTY LEGAL DESCRIPTION 08-43-45-28-03-002-0070 (ORB 25999 PAGE 1961) LOT 7, BLOCK 2, ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS THOSE LANDS CONVEYED TO THE STATE OF FLORIDA IN WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 1324, PAGE 13. TOGETHER WITH ALL IMPROVEMENTS, TENEMENTS, HEREDITAMENTS, AND APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING AND TOGETHER WITH ALL RIGHTS AND EASEMENTS OF RECORD. SUBJECT TO ALL COVENANTS, RESTRICTIONS AND EASEMENTS OF RECORD, WITHOUT REIMPOSING SAME, AND TAXES FOR THE CURRENT AND SUBSEQUENT YEARS. 08-43-45-28-03-002-0050 (ORB 14860 PAGE 1691) LOTS 5 AND 6, BLOCK 2, OF TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SUBJECT TO CONDITIONS, RESTRICTIONS, LIMITATIONS, RESERVATIONS, AGREEMENTS, DECLARATIONS, DEDICATIONS AND EASEMENTS OF RECORD, APPLICABLE ZONING LAWS AND TAXES FOR THE YEAR 2003 AND ALL SUBSEQUENT YEARS. 08-43-45-28-03-002-0030 (ORB 23738 PAGE 1529) LOTS 3 AND 4, BLOCK 2, BOYNTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE(s) 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA 08-43-45-28-03-002-0020 (ORB 21484 PAGE 1820) LOT 2, BLOCK 2, OF TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA 08-43-45-28-03-002-0080 (ORB 26000 PAGE 1) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\63197723-CE03-42B2-9670-239EDDOOFB74\Boynton Beach.6549.1.Villages_at East_Ocean_Avenue_-_North_-_Rezone.doc Page 371 of 544 LOTS 8, 9 AND 10, BLOCK 2 OF THE TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH ALL IMPROVEMENTS, TENEMENTS, HEREDITAMENTS, AND APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING AND TOGETHER WITH ALL RIGHTS AND EASEMENTS OF RECORD. SUBJECT TO ALL COVENANTS, RESTRICTIONS AND EASEMENTS OF RECORD, WITHOUT REIMPOSING SAME, AND TAXES FOR THE CURRENT AND SUBSEQUENT YEARS. 08-43-45-28-03-002-0110 (ORB 21535 PAGE 575) LOTS 11, 12, AND 13, BLOCK 2, BOYNTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA ORB 26546 PAGE 1: 08-43-45-28-03-005-0040 PARCEL 1: LOTS 4 THROUGH 6, BLOCK 5, TOWN OF BOYNTON, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 23, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 08-43-45-28-03-005-0091 PARCEL 2: THE EAST 30 FEET OF LOT 9, BLOCK 5, TOWN OF BOYNTON, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 23, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 08-43-45-28-03-005-0100 PARCEL 3: LOTS 10 AND 11, BLOCK 5, TOWN OF BOYNTON, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 23 AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 08-43-45-28-03-005-0020 (ORB 26484 PAGE 125) THAT CERTAIN REAL PROPERTY LOCATED IN SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS 2 AND 3, BLOCK 5, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\63197723-CE03-42B2-9670-239EDDOOFB74\Boynton Beach.6549.1.Villages_at East_Ocean_Avenue_-_North_-_Rezone.doc Page 372 of 544 TOGETHER WITH ALL IMPROVEMENTS, TENEMENTS, HEREDITAMENTS, AND APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING AND TOGETHER WITH ALL RIGHTS AND EASEMENTS OF RECORD. SUBJECT TO ALL COVENANTS, RESTRICTIONS AND EASEMENTS OF RECORD, WITHOUT THE INTENT TO REIMPOSE SAME, AND TAXES FOR THE CURRENT AND SUBSEQUENT YEARS. 08-43-45-28-03-005-0080 (ORB 27636 PAGE 849) LOTS 8 AND 9, LESS THE EAST 30 FEET, BLOCK 5, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. TOGETHER WITH ALL IMPROVEMENTS, TENEMENTS, HEREDITAMENTS, AND APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING AND TOGETHER WITH ALL RIGHTS AND EASEMENTS OF RECORD. SUBJECT TO ALL COVENANTS, RESTRICTIONS AND EASEMENTS OF RECORD, WITHOUT THE INTENT TO REIMPOSE SAME, AND TAXES FOR THE CURRENT AND SUBSEQUENT YEARS. THE PERSONAL REPRESENTATIVES RELEASE ALL LIENS OR RIGHTS TO LIENS PURSUANT TO SEC. 733.608, FLA. STAT. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\63197723-CE03-42B2-9670-239EDDOOFB74\Boynton Beach.6549.1.Villages_at East_Ocean_Avenue_-_North_-_Rezone.doc Page 373 of 544 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-047 STAFF REPORT TO: Chair and Members Planning and Deveripment Board THRUMichael Ru �q Planning and Zoning Director FROM: Hanna MatraSenior Planner DATE: August 11, 2017 PROJECT: The Villages at East Ocean Avenue-North LUAR 17-002 REQUEST. Approve The Villages at East Ocean-North Future Land Use Map Amendment from Local Retail Commercial (LRC) to Mixed Use High (MXH) and rezoning from C-2 Neighborhood Commercial and C-3 Community Commercial to MU-C, Mixed Use Core District with a proposed site plan for 336 multi-family units and 12,257 square feet of commercial space. PROJECT DESCRIPTION Property Owner/Applicant Arthur B. D'Almeida Agent: Bradley D. Miller, Miller Land Planning Inc. Location: Area extending west from FEC Railway tracks to NE 3rd Street, bounded by E. Ocean Avenue on the south and E. Boynton each Boulevard on the north (Exhibit "A") Existing Land Use/ Zoning: Local Retail Commercial (L C)/ C-2 Neighborhood Commercial and C-3 Community Commercial Proposed Land Use/ Zoning- Mixed Use High (MXH)/ MU-C Mixed Use Core with the maximum density of 80 dwelling units/acre (Exhibits "B" and "C") Acreage. 3.379 acres Page 374 of 544 Page 2 The Wages at East Ocean Avenue-North LUAR 17-002 Adjacent Uses: North: Right-of-way for Boynton Beach Boulevard; farther north, developed commercial properties classified Local Retail Commercial (LRC) future land use and zoned C-3 Community Commercial; South: Right-of-way for Ocean Avenue; farther south, proposed Villages of East Ocean Avenue South with Mixed Use Medium future land use and MU-2 Mixed Use 2 zoning (currently, developed commercial property classified Local Retail Commercial (LRC) future land use and zoned C-2 Neighborhood Commercial); East: Right-of-way for FEC Railroad; farther east, right-of-way for NE 4th Street and then developed commercial property, parking, City-owned green and a vacant property, all classified Mixed Use High (MXH) future land use and zoned CBD Central Business District; West: Right-of-way for NE 3rd Street, and farther west, developed condominium and commercial properties classified Local Retail Commercial (LRC) and High Density Residential (HDR) future land use and zoned C-3 Community Commercial and R-3 Multifamily. BACKGROUND The proposed Villages of East Ocean Avenue is a mixed use development on 5.14 acres which extend between the FEC Railroad to the east and 3'd Street on the west, with Ocean Avenue beeing a dividing line between the project's North and South components. The North component covers the area north of Ocean Avenue to Boynton Beach Boulevard, while the South part of the development extends from Ocean Avenue to the alley south of SE 1st Avenue. The land use amendments, rezonings and site plans for the North and South sections are processed concurrently (see the respective staff reports). The proposed development is located within the Community Redevelopment Area and carries three transportation-related designations: the Downtown Transit-Oriented Development (DTOD) District, Transportation Concurrency Exception Area (TCEA) and Coastal Residential Exception. The DTOD district covers a one-half mile radius around the station of the planned Tri-Rail Coastal Link commuter service on the FEC Rail line, to be located just south of Boynton Beach Boulevard. The district's regulations support increased intensity of development through a 25% density bonus. The TCEA, in addition to the Coastal Residential Exception applicable east of 1-95, exempts all projects within a predetermined threshold from the Palm Beach County traffic concurrency ordinance, further supporting redevelopment in the City's downtown and surrounding neighborhoods. 2 Page 375 of 544 Page 3 The Wages at East Ocean Avenue- North LUAR 17-002 The subject request pertains to the North section of the Villages project. The property consist of 11 parcels, 6 of which are currently vacant (the Boynton Center No. 5 condominium property on the corner of Ocean Avenue and 3rd Street is not included in the project). This section is proposed to be redeveloped under the highest density Future Land Use (FLU) category of Mixed Use High, with Mixed Use Core zoning. The project will also avail itself of the 25% DTOD district's density bonus, bringing its density to 100 dwelling units per acre. REVIEW BASED ON CRITERIA The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article 11, Section 2.13 and Section 2. .3: a. Demonstration of Need A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The need for the requested Future Land Use Map amendment (FLU )/rezoning of the subject site is closely aligned with the City's long standing vision and desire to expand housing in and around the downtown to foster pedestrian activity needed for creation of a vibrant city center. The City has supported this vision by allowing the highest residential densities in the area; more so in recent years, as the plan for a new Tri-Rail Coastal Link commuter service with a downtown station provided a heightened rationale for intensification of future redevelopment in proximate locations. The increased development intensity and related regulations for the Downtown Transit-Oriented Development (DTOD) District, established in 2014, are consistent with recommendations of the Florida Department of Transportation (FDOT), included the department's 2012 Florida TOD Guidebook. The proposed project is adjacent to the planned Coastal Link station. of that the FDOT model for the Boynton each DTO D District is a Community Center station with stipulated densities between 11 and 16 dwelling units per acre, much higher than 7.0 dwelling units per acre, the current gross density within the District. The proposed rezoning will bring the density closer to the number at which planned commuter service can operate efficiently. In addition, the subject request reflects an ongoing high demand for rental apartments. Despite rising vacancy rates, international real estate companies Marcus & Millichap and CBRE 2017 multifamily forecasts for Palm each county predict another year of rent gains, fuelled by continuous job growth and in-migration. 3 Page 376 of 544 Page 4 The Vilages at East Ocean Avenue-North LUAR 17-002 b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Consistency with the Comprehensive Plan and Redevelopment Plan The proposed future land use amendment and rezoning are consistent with several applicable policies of the Comprehensive Plan, such as: Policy 1.18.1 The City shall implement the Transit-Oriented Development (TOD) approach, as described in the 2012 Florida Department of Transportation's TOD Guidebook, to manage future growth within a Y2 mile radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor, which is the anticipated location of the Downtown Boynton Beach Station for the planned commuter Tri-Rail Coastal Link service on the FEC Corridor. This area will be referred as the Downtown TOD District hereforth. The inner X-mile core of this District shall be designed to accommodate the greatest density and intensity of development. Policy 1.18.2 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. Note that the subject property is located within the inner one-quarter—mile core of the DTOD District. The request, if approved, would implement the FLU proposed for the area by the 2016 CRA Community Redevelopment Plan. The Villages' North area is split between the Cultural and Boynton Beach Boulevard districts; each district's section carries the same FLU recommendation of Mixed Use High (MXH), as demonstrated by Exhibit "D." The proposed Mixed Use Core zoning corresponds to the Mixed Use High future land use category of the new future land use/zoning structure of the CRA Plan. It is the higher intensity district of the two districts corresponding to the MXH future land use. The subject property location in close proximity to the planned Coastal Link station represents a clear preference for the highest possible density in support of the commuter service. Consistency with Land Development Regulations (LDLR J The application for the master/site plan complies with the recommendations of the CRA 4 Page 377 of 544 Page 5 The Vilages at East Ocean Avenue-North LUAR 17-002 Plan. The development regulations for the requested Mixed Use Core (MU-C) zoning district are subject of the code review under concurrent consideration. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLU ) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLU reclassifications and rezonings that would result in more desirable and sustainable growth for the community. These actions aim to continue implementation of changes that would result in more desirable and sustainable growth for the comm in an area that abuts a railroad corridor and consists of underutilized commercial property and old storage bays that are non-conforming by current zoning regulations. For lands in or near the City's downtown, the CRA Plan recommends significantly more intense development and higher residential density — particularly within the ,Downtown Transit Oriented Development District, which already allows for an additional 25% density bonus over all zoning districts with the permitted density beginning at 20 dwelling units per acre. Denser development is needed to sustain the level of activity necessary for a lively downtown and success of the planned Coastal Link commuter service. d in ill Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses, 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. See the response to criterion "c" above. The proposed amend ment/rezoning constitutes a major contribution to sustainable, high density redevelopment integrating a mix of land uses in the City's downtown area within the DTO D District. The project would follow the recommendations of the CRA Plan, which consistently incorporates sustainability features in all aspects of redevelopment, including intensity, urban design and connectivity. (See the master/site plan report under concurrent consideration.) e. valla //it y of Public Services /Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Solid Waste. The Palm each County Solid Waste Authority determined that sufficient 5 Page 378 of 544 Page 6 The Vilages at East Ocean Avenue- North LUAR 17-002 disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Trak. The property is under the Coastal Residential exception and TCEA designations and is therefore exempted from the concurrency requirements of the Palm Beach County Traffic Performance Standards Ordinance. The monitoring of the maximum allowable residential uses and square footage of commercial, industrial and other non- residential uses as well as applicable use ratios under the TC EA Planned 2025 Land Use Table indicate that the current (cumulative) numbers remain significantly off the allowable thresholds. Schools. The School Capacity Availability Determination application will be submitted with a site plan/master plan package. f. Compatibility. The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. As already discussed in response to criteria "c" and "d," the proposed FLUM and rezoning follows the recommendations of the CRA Plan for the area, and thus will be compatible with the future use of the surrounding properties. The Plan's vision is to transform the area into a high intensity, walkable, bustling urban environment, with a further impetus to be provided by the planned Costal Link commuter service. As shown on Exhibit "D," the FLU recommendation for the remaining portion of the Cultural District is the Mixed Use Medium future land use category with a maximum density of 50 dwelling units per acre. Between NW Ilst Street and NE 3rd Street, the Boynton Beach Boulevard District carries the same recommendation of Mixed Use Medium; east of NE 3`dStreetand in proximity of the future Coastal Link station, it transitions into Mixed Use High. The 25% density bonus (incorporated into the project) will further intensify redevelopment in both districts. Property values in the area are expected to rise significantly as the implementation of the CRA plan continues with the proposed FLUM amend ment/rezoning and the planned redevelopment of the civic campus into a mixed use Town Square project. 6 Page 379 of 544 Page 7 The Wages at as Ocean Avenue-North LU AR 17-002 The scale of the proposed action will transform the neighborhood while answering the City's need to create a vibrant downtown. g. Direct Economic Deyopment Benerits. For rezoningIFLUM amendments involving rezoning to a planned zoning district, the review shay consider the economic benefits of the proposed amendment, specifically, whether the proposal would. (1) Further implementation of the Economic Development(ED) Program, (2) Contribute to the enhancement and diversification of the City's tax base; (3) Respond to the current market demand or community needs or provide services or retail choices not locally available, (4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage; (5) Represent innovative methodsltechnologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7)Alleviate blightleconomic obsolescence of the subject area. The proposed project would be yet another major catalyst and synergy contributor in support of a successful, lively downtown (see review criteria "gl" and "g6"), bringing more development to the area and attracting more residents and visitors to the City. As already noted in this report, the requests reflect the ongoing economic recovery and the current market demand, adhering to criterion "gY, and would, if approved, effect a significant enhancement of the City's tax base (criterion "g2"). Direct impact on job generation would be negligible, with indirect (multiplier) effects having a more significant potential through increased demand for retail and restaurant uses. h. Commercial and Industrialpply.Lgpd Sy The review shall consider whether the proposed rezoningIFLUM amendment would reduce the amount of land available for commerciallindustrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, andlor location of the property makes it unsuitable for commerciallindustrial development, or (2) The proposed rezoningIFLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above; and (3) The proposed rezoningIFLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation andlor rezoning. The proposed rezoning does not reduce the amount of land available for commercial 7 Page 380 of 544 Page 8 The Vilages at East Ocean Avenue-North LUAR 17-002 development. The MXC future land use classification is already in place; however, although we encourage more commercial uses in mixed use developments and would have liked the project to have a more substantial commercial component, developers have a great deal of flexibility to respond to the market. i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. As explained earlier in this report, the proposed FLU amendment and rezoning constitute implementation of the CRA Plan recommendation for the subject site. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article H/and the site development standards of Chapter 4. For the master plan/site plan review, see the corresponding staff report. The application for the master/site plan complies with the recommendations of the CRA Plan. The development regulations for the requested Mixed Use Core (MU-C) zoning district are subject of the code review under concurrent consideration. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed FLU amendment and rezoning and determined that it constitutes the implementation of the CRA Community Redevelopment Plan and the policies of the Comprehensive Plan. Therefore, staff recommends approvals of the subject requests. S:\Planning\SHARED\WP\PROJECTS\Villages at East Ocean\Villages LUARs\Villages North LUAR 17-002\LUAR 17-002 Villages North Staff Report.doc 8 Page 381 of 544 EXHIBIT A LOCATION MAP Hill 4t °af „ k fYEIBo ntOn 'Beach irr 4z,�a, ,Y }sfl r,,rt :ti -..t �.. £ £i£,,,.m ,i 1 { ,1� i�, ,Yr{ .,, ,,Cs s Jii£J,1}s<• i c� 'r4�YY{ t �£ ¢ frt i a , , Y SNE 1stAve r; Y W1 w _ r E ,Oceanl4vesti� w r W f� £ le tsV(ltr,p.. "IS - NAY Ya -;t y � l ,r z6 k 7h Fi f 2n '�� II',f is V End d Ave r ;2 ve Page 382 of 544 EXHIBIT B VILLAGES AT OCEAN AVENUE (LUAR 17-002/003): FLU E Bo nton Beach BIV d c r- W r i r, 2 Legend LOW DENSITY RESIDENTIAL(LDR), 7.5 D.U./Acre LOCAL RETAIL COMMERCIAL(LRC) MEDIUM DENSITY RESIDENTIAL (MEDR), 11 D.U./Acre MIXED USE MEDIUM (MXM), 50 D.U./Acre BE HIGH DENSITY RESIDENTIAL(HDR),15 D.U./Acre MIXED USE HIGH (MXH), P.- W3bllbf 544 EXHIBIT C VILLAGES AT OCEAN AVENUE (LUAR 17-002/003): ZONING lad I�f'� 14il�4 `a a+SI E Bo nton Beach Blv o � i 1 Y I; Q WW� i a F. Legend: Zoning Districts C3 Community Commercial R1A Single Family CBD Central Business District R3 Multi Family MU-2 Mixed Use 2 0 C2 Neighborhood Commercial MU-C Mixed Use Core Page 384 of 544 Exhibit D CRA PLAN'S FLU RECOMMENDATIONS M N E 3rd 14ve W _ _ _................ (f, S M' ,M —E-Boynton-Beach Blvd NORTH PARCEL , NE 1st_Ave MF 'M W E an- ZIM------- SOUTH PARCEL SE1 st_Ave� MH W 9e SE 2nd Ave LEGEND Boundaries of Villages Project, North and South Q Boundary of Cultural District Boundary of Boynton Beach Boulevard District Mixed Use Medium (MXM) Future Land Use Mixed Use High (MXH) Future Land Use 20 e 3 f 144 9.D. PUBLIC HEARING 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-026 - FIRST READING -Approve request for abandonment of a portion of rights-of-way (ABAN 17-002 through ABAN 17-006) consisting mostly of unimproved streets and alleys between NE/SE 3rd Street and the FEC Railroad, from Boynton Beach Boulevard south to SE 1st Avenue, in conjunction with request for major site plan modification approval of the Villages at East Ocean mixed use project. Applicant: Arthur B. D'Almeida. EXPLANATION OF REQUEST: Bradley Miller, agent for Arthur B. D'Almeida, is requesting to abandon the following segments: • Parcel No.1: The 20 foot wide alley immediately south of Boynton Beach Boulevard, easterly from NE 3rd Street and terminating at the FEC Railroad right-of-way; • Parcel No. 2: The 40 foot wide unimproved right-of-way of NE 1st Avenue, easterly from NE 3rd Street terminating at the FEC Railroad right-of-way; • Parcel No. 3: The 20 foot wide alley immediately north of Ocean Avenue, beginning at the west property line of Lot 8 of Block 5, Plat of Boynton, easterly and terminating at the FEC Railroad right- of-way. This request exempts out that portion of the alley immediately north of Lot 7 of Block 5, containing an existing condominium building and access to the parking adjacent thereto, which are not part of the Villages at East Ocean proposed development project; • Parcel No. 4: The 20 foot wide alley immediately south of Ocean Avenue, easterly from SE 3rd Street and terminating at the FEC Railroad right-of-way; • Parcel No. 5: The 40 foot wide improved right-of-way of SE 1st Avenue, easterly from SE 3rd Street terminating at the FEC Railroad right-of-way; All of the rights-of-way to be abandoned would all be completely surrounded within, and redeveloped as part of the 5.14-acre Villages at East Ocean mixed use project. Existing utilities within these rights-of-way will be relocated at the developer's expense. The Planning & Development Board reviewed this item on August 22, 2017, a condition of approval report is attached. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: NA CLIMATE ACTION: No Page 386 of 544 CLIMATE ACTION DISCUSSION: NA Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance abandoning portions of rights of way for Villages of East Ocean Avenue project D Staff Report Staff Report D Location Map Location Map D Drawings Legal Descriptions & Sketches D Letter Applicant's Justification D Memo Utilities Report Memo D Conditions of Approval Conditions of Approval D Development Order Development Order Page 387 of 544 1 ORDINANCE NO. 17- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING ABANDONMENT OF A 5 PORTION OF RIGHTS OF WAY CONSISTING OF MOSTLY 6 UNIMPROVED STREETS AND ALLEYS BETWEEN NE/SE 7 3RD STREET AND THE FEC RAILROAD FROM BOYNTON 8 BEACH BOULEVARD SOUTH TO SE 1sT AVENUE, MORE 9 PARTICULARLY DESCRIBED HEREIN, SUBJECT TO 10 STAFF COMMENTS; AUTHORIZING THE CITY 11 MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL 12 BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC 13 RECORDS OF PALM BEACH COUNTY, FLORIDA; AND 14 PROVIDING AN EFFECTIVE DATE. 15 16 17 WHEREAS, Ocean One Boynton LLC., Applicant is requesting the City abandon 18 a portion of rights of way consisting of mostly unimproved streets and alleys between 19 NE/SE 3rd Street and the FEC Railroad from Boynton Beach Boulevard south to SE 1st 20 Avenue, subject to staff comments; and 21 22 WHEREAS, comments have been solicited from the appropriate City 23 Departments, and public hearings have been previously held before the City's Planning & 24 Development Board, and the City Commission on the proposed abandonments; and 25 26 WHEREAS, staff has determined that the subject portions of the rights-of-way 27 requested to be abandoned do not adversely impact traffic, or affect other adjacent 28 property owners and therefore no longer serve a public purpose, and the City Commission 29 adopts that finding. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 32 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 33 34 Section 1. The foregoing Whereas clauses are true and correct and 35 incorporated herein by this reference. 36 37 Section 2. The City Commission of the City of Boynton Beach, Florida, does 38 hereby abandon a portion of rights of way consisting of mostly unimproved streets and 39 alleys between NE/SE 3rd Street and the FEC Railroad from Boynton Beach Boulevard 40 south to SE 1st Avenue, subject to staff comments. The property being abandoned is more 41 particularly described as follows: 42 43 PARCEL NO. 1 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\BC6ECCA6-9074-43BB-8C89-DE03B6254420\Boynton Beach.6595.1.ViIlages_at_East_Ocean_ Abandonment - Ordinance.doc Page 388 of 544 44 The 20' Alley lying in Block 2 of the Plat of Boynton, recorded in Plat Book 1, page 45 23, of the Public Records of Palm Beach County, Florida, bounded on the West by the 46 East Right-of-Way of N.E. 3RD Street(Palm Street) and on the East by the West Right- 47 of-Way of the Florida East Coast Railroad. 48 Containing 5,779 square feet, more or less. 49 PARCEL NO. 2 50 That portion of N.E. 1st Avenue (Poinciana St.)lying between Blocks 2 and 5 of the 51 Plat of Boynton, recorded in Plat Book 1, page 23, of the Public Records of Palm 52 Beach County, Florida, bounded on the West by the East Right-of-Way of N.E. 3M 53 Street(Palm Street) and on the East by the West Right-of-Way of the Florida East 54 Coast Railroad. 55 Containing 10,549 square feet, more or less 56 PARCEL NO. 3 57 That portion of 20' Alley lying in Block 5 of the Plat of Boynton, recorded in Plat 58 Book 1, page 23, of the Public Records of Palm Beach County, Florida, bounded on 59 the West by the Northerly extension of the West line of Lot 8, Block 5, and on the East 60 by the West Right-of-Way of the Florida East Coast Railroad. 61 Containing 3,770 square feet, more or less. 62 PARCEL NO. 4 63 The 20' Alley lying in Block 8 of the Plat of Boynton, recorded in Plat Book 1, page 64 23, of the Public Records of Palm Beach County, Florida, bounded on the West by the 65 East Right-of-Way of N.E. 3RD Street(Palm Street) and on the East by the West Right- 66 of-Way of the Florida East Coast Railroad. 67 Containing 3,726 square feet, more or less. 68 PARCEL NO. 5 69 That portion of S.E. 1st Avenue (Jessamine St.)lying between Blocks 8 and 11 of the 70 Plat of Boynton, recorded in Plat Book 1, page 23, of the Public Records of Palm 71 Beach County, Florida, bounded on the West by the East Right-of-Way of N.E. 3RD 72 Street(Palm Street) and on the East by the West Right-of-Way of the Florida East 73 Coast Railroad. 74 Containing 6,441 square feet, more or less 75 76 77 Section 3. The City Manager is hereby authorized and directed to execute the 78 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 79 Records of Palm Beach County, Florida. CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\BC6ECCA6-9074-43BB-8C89-DE03B6254420\Boynton Beach.6595.1.ViIlages_at_East_Ocean_ Abandonment - Ordinance.doc Page 389 of 544 80 81 Section 4. This Ordinance shall take effect immediately upon passage. 82 83 FIRST READING this day of , 2017. 84 85 SECOND, FINAL READING AND PASSAGE this day of 86 , 2017. 87 88 CITY OF BOYNTON BEACH, FLORIDA 89 90 YES NO 91 92 Mayor— Steven B. Grant 93 94 Vice Mayor—Justin Katz 95 96 Commissioner—Mack McCray 97 98 Commissioner—Christina L. Romelus 99 100 Commissioner—Joe Casello 101 102 103 VOTE 104 105 ATTEST: 106 107 108 109 Judith A. Pyle, CMC 110 City Clerk 111 112 113 114 (Corporate Seal) 115 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\BC6ECCA6-9074-43BB-8C89-DE03B6254420\Boynton Beach.6595.1.ViIlages_at_East_Ocean_ Abandonment - Ordinance.doc Page 390 of 544 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that The City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of rights of way consisting of mostly unimproved streets and alleys between NE/SE 3rd Street and the FEC Railroad from Boynton Beach Boulevard south to SE 1st Avenue, subject to staff comments. The property being abandoned is more particularly described as follows: PARCEL NO. 1 The 20' Alley lying in Block 2 of the Plat of Boynton, recorded in Plat Book 1, page 23, of the Public Records of Palm Beach County, Florida, bounded on the West by the East Right-of-Way of N.E. 3RD Street(Palm Street) and on the East by the West Right-of-Way of the Florida East Coast Railroad. Containing 5,779 square feet, more or less. PARCEL NO. 2 That portion of N.E. 1st Avenue (Poinciana St.)lying between Blocks 2 and 5 of the Plat of Boynton, recorded in Plat Book 1, page 23, of the Public Records of Palm Beach County, Florida, bounded on the West by the East Right-of-Way of N.E. 3RD Street(Palm Street) and on the East by the West Right-of-Way of the Florida East Coast Railroad. Containing 10,549 square feet, more or less PARCEL NO. 3 That portion of 20' Alley lying in Block 5 of the Plat of Boynton, recorded in Plat Book 1, page 23, of the Public Records of Palm Beach County, Florida, bounded on the West by the Northerly extension of the West line of Lot 8, Block 5, and on the East by the West Right- of-Way of the Florida East Coast Railroad. Containing 3,770 square feet, more or less. PARCEL NO. 4 The 20' Alley lying in Block 8 of the Plat of Boynton, recorded in Plat Book 1, page 23, of the Public Records of Palm Beach County, Florida, bounded on the West by the East Right-of-Way of N.E. 3RD Street(Palm Street) and on the East by the West Right-of-Way of the Florida East Coast Railroad. Containing 3,726 square feet, more or less. PARCEL NO. 5 That portion of S.E. 1st Avenue (Jessamine St.)lying between Blocks 8 and 11 of the Plat of Boynton, recorded in Plat Book 1, page 23, of the Public Records of Palm Beach County, Florida, bounded on the West by the East Right-of-Way of N.E. 3RD Street(Palm Street) and on the East by the West Right-of-Way of the Florida East Coast Railroad. CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\BC6ECCA6-9074-43BB-8C89-DE03B6254420\Boynton Beach.6595.1.ViIlages_at_East_Ocean_ Abandonment - Ordinance.doc Page 391 of 544 Containing 6,441 square feet, more or less 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, CMC, 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\BC6ECCA6-9074-43BB-8C89-DE03B6254420\Boynton Beach.6595.1.ViIlages_at_East_Ocean_ Abandonment - Ordinance.doc Page 392 of 544 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-035 TO: Chair and Members Planning & Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: August 8, 2017 SUBJECT: Request for abandonment of a portion of rights-of-way (ABAN 17-002 through ABAN 17-006) consisting mostly of unimproved streets and alleys between NE/SE V Street and the FEC Railroad, from Boynton Beach Boulevard south to SE 1 st Avenue, in conjunction with request for major site plan modification approval of the Villages at East Ocean mixed use project. NATURE OF REQUEST Bradley Miller, agent for Arthur B. D'Almeida, is requesting to abandon portions of rights-of-way consisting mostly of unimproved streets and alleys between NE/SE 31d Street and the FEC Railroad, from Boynton Beach Boulevard south to SE 1 st Avenue, in conjunction with request for major site plan modification approval of the Villages at East Ocean mixed use project (see Exhibit "A" — Location Map). More specifically, the applicant is requesting to abandon the following segments: • Parcel No.1: The 20 foot wide alley immediately south of Boynton Beach Boulevard, easterly from NE 3,d Street and terminating at the FEC Railroad right-of-way; • Parcel No. 2: The 40 foot wide unimproved right-of-way of NE 1St Avenue, easterly from NE 31d Street and terminating at the FEC Railroad right-of-way; • Parcel No. 3: The 20 foot wide alley immediately north of Ocean Avenue, beginning at the west property line of Lot 8 of Block 5, Plat of Boynton, easterly and terminating at the FEC Railroad right-of-way. This request exempts out that portion of the alley immediately north of Lot 7 of Block 5, containing an existing condominium building and access to the parking adjacent thereto, which are not part of the Villages at East Ocean proposed development project; • Parcel No. 4: The 20 foot wide alley immediately south of Ocean Avenue, easterly from SE 31d Street and terminating at the FEC Railroad right-of-way; • Parcel No. 5: The 40 foot wide improved right-of-way of SE 1 st Avenue, easterly from SE 3,d Street and terminating at the FEC Railroad right-of-way; The rights-of-way to be abandoned would all be completely surrounded within, and redeveloped as part of, the 5.14-acre mixed use project. Each individual abandonment request has been depicted and described in Exhibit "B" — Legal Descriptions & Sketches. Page 393 of 544 Page 2 Memorandum No. PZ 17-035 ABAN 17-002 through 17-006 BACKGROUND The applicant is requesting to abandon portions of rights-of-way currently surrounded by properties under the developer's control. In order to develop a unified mixed use project extending 3.5 City blocks, from Boynton Beach Boulevard south to SE 1St Avenue, certain rights-of-way require abandoning. This same process was followed during the development of the 500 Ocean mixed use project, which encompassed 2 full City blocks. As noted above, each of the right-of-way segments requested to be abandoned terminate at the FEC Railroad and essentially serve only the traffic needs of the parcels abutting them,which are all under the control of the developer. Existing utilities within these rights-of-way will be relocated at the developer's expense. The applicant has submitted a justification statement for the requests (see Exhibit"C"—Applicant's Justification),which indicates that the rights-of-way are no longer needed for access purposes, as all parcels abutting the segments to be abandoned are under the applicant's control. The justification statement further notes that any utilities and drainage existing in any of the segments are planned to be relocated as part of the redevelopment plan for the site. ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of these requests and respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. A summary of the responses follows: CITY DEPARTMENTS/DIVISIONS Engineering - No objection w/ provision of necessary easements. Public Works/Utilities - No objection, subject to compliance with all of the conditions of approval noted in the August 7, 2017 memo from Milot Emile, Associate Engineer in Utilities (see Exhibit D). Planning and Zoning - No objection. PUBLIC UTILITY COMPANIES Florida Power and Light - No objection w/ provision of necessary easements and relocation of utilities at developer's cost, if necessary. AT & T - No objection w/ provision of necessary easements and relocation of utilities at developer's cost, if necessary. Florida Public Utilities - No objection w/ provision of necessary easements and relocation of utilities at developer's cost, if necessary. Comcast - No objection w/ provision of necessary easements and relocation of utilities at developer's cost, if necessary. Page 394 of 544 Page 3 Memorandum No. PZ 17-035 ABAN 17-002 through 17-006 RECOMMENDATION Staff has determined that the subject portions of the rights-of-way requested to be abandoned do not adversely impact traffic, do not adversely affect other adjacent property owners, and therefore no longer serve a public purpose, subject to the conditions of approval for the necessary utility relocations/improvements noted by staff during their review. Based on the above analysis, staff recommends APPROVAL of the applicant's request to abandon these portions of the rights-of-way, subject to the attached conditions. Any conditions requested by the Planning and Development Board or required by the Commission will be placed in Exhibit "E" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Villages at E.Ocean\ABAN 17-002 through 17-006\Staff Report.doc Page 395 of 544 EXHIBIT A LOCATION MAP y� ivtr x,�t� y!r'd't>3=„, `S."`<'ta5flc,k{��,5`�i3k�51gi�£f\1A1 YiiiiA¢tE.»4y'„{i{ittt b pry li E Bo nton B Y each Blvd, u '�_;c.�=��`"`'� .r�� 4`5�14�5� :t{}t>)i�i�t(2 t�ttl➢.�Ef{<AA 4u)t i,,l ck,,,P S,{.. Iftl is<.,,y r>t£ to tt ik,"_. �,fe�sttY4,. tt11{I,s„Ili ,<i to ,. �.', ..r r,1s;. ,k'....- ,„ ,,, , ,., ,,. .,:,,.:. ,: 3v +t rS' ^ c�tir 7r >f i , ittai ,,3 st 1A , — a W t 3 r r § �E��Ocean�Ave aka � ri i ro TM � i c S i f 1 k �! r Y r �� 3 Irl st��ki,l SE Is �k r ;. �t, Sf„{ `ht�.i•,tnr, „n, ,t t£S i � �s V ( ;,, i ti t IkH I y s' I � � n t E 1 sic Ave 3� £ � 'z�.t'�51 a t •'�}1,"�sr � --. �,,:r�l, Sj �9 �i� - rr W , P, r I i { r t" SE 2nd.= -SE 2nd Ave � »Q � ,, n�Ili�llll,nri,i ,Ilr,� . Page 396 of 544 Exhibit B TIME 20' ALLEY LYING IN BLOCK 2 OF THE PLAT OF BOYNTON, RECORDED IN PLAT BBOT( 1 PUBLICPAGE 23 OF THE , FLORIDA, BOUNDED ON THE WEST BY THE EAST RIGHT—OF—WAY OF N.E. 3RD STREET (PALM STREET) AND ON THE EAST BY THE WEST R T— — ! — FLORIDA ! . CONTAINING T, MORE OR LESS. EARCEL 114AT PORTION OF N.E. IIT (POINCIANA OF THE PLAT OF a RECORDED I 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BOUNDED ON THE WEST BY THE EAST RIGHT—OF—WAY OF N.E. 3RD STREET (PALM STREET) AND ON THE EAST BY THE WEST RIGHT—OF—WAY OF THE FLOT RAILROAD. CONTAINING , , MORE OR LESS. PARGE11-5 Ne.I. THAT PORTION OF 20' ALLEY LYING IN BLOCK 5 OF THE PLAT OF BOYNTON, RECORDED IN PLAT BOOK 1. PAGE , OF THE PUBLICL COUNTY, FLORIDA, EXTENSIONBOUNDED ON THE WEST BY THE NORTHERLY BLOCK 5. AND ON THE EAST BY THE WEST RIGHT-OF-WAY ! RAILROAD. CONTAINING , . ALLEYEm THE 20" LYING IN BLOCK 8 OF THE PLAT OF BOYNTON, RECORDED IN PLAT BOOK 1, PAGE d OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BOUNDED ON THE WEST BY THE EAST RIGHT-OF-WAY OF 3RD STREET (PALM STREET) AND ON THE EAST BY THE WEST I FLORIDA I . CONTAINING , FEET, MORE OR LESS. THAT PORTION OF L . . 1 I LYING BETWEEN BLOCKS 8 AND 11 OF THE PLAT OF BOYNTON, RECORDED IN PLAT , PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, , T BY THE EAST ! T BY THE WEST ! FLORIDA ! . CONTAINING , 1 SQUARE FEET, MORE OR LESS. BEARING11` 5 " ED) ALONG THE CENTERLINE F N.E.3rd STREET. DESCRIPTIONTHE ETC DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS vz__ T VALID UNLESS BOTH ACCOMPANY EACH OTHER. PHILLIPS, III REPRODUCTIONS F THIS DOCUMENT ARE NOT VALID T SIAL L SURVEYOR THE ORIGINAL I AORIGINAL I L F . 4826 THE FLORIDA cmE—Mail: info@brown—phillips.com �BROWN & PHILLIPS,, INC. PROFESSIONAL SURVEYING SERVICES OJ, No. 15-065 D AMB CERTIFICATE OF AUTHORIZATIONLB 6473 1 L C ROAD., I , LEGAL DESCRIPTIO SCALE: 1 '-40' WEST L , FLORIDA R j ABALTENDONMENT DATE: 5/1871-7 L PHONE (561)-615-3988, 1 — 1 FAX SHEET 1 OF Page 397 of 544 . Q........ ...... satt MILLER 508 E. Boynton Beach Blvd. J, Boynton Beach, FL 33435 LAND Phone ( 561)736-8838 Fax (561)736-8079 PLANNING, INC. Web in milleflandplanning.com THE VILLAGES AT EAST OCEAN AVENUE Original: March 1,2017 Revisions: June 19,2017 Overall Project Summary Abandonment Criteria-LQR Chapter 2, Article Il, Section 2.G.3. Review Criteria. The vacation and abandonment of a right-of-way, special purpose easement, or other non-fee interest of the city shall be based on a demonstration that the above interest no longer serves a public purpose and there is no encumbrance which would prohibit the clear transfer of ownership of such land. The following review criteria shall be used to justify an application: a. Access. Does the subject land provide a legal means of access to a lot of record, subdivision, or development? Would the vacation and abandonment use or result in a permanent stoppage, interruption, or an unacceptable level of service for the subject lot or on neighboring lots, subdivisions, or developments with respect to police, fire, or other emergency services; or solid waste removal? Is. Utilities. Does the subject land contain, support, or allow potable water, sanitary sewer, or any other utility (e.g. cable, telephone, electricity, gas, etc.), which would be permanently stopped or interrupted, or cause an unacceptable level of service to the subject lot or neighboring lots, subdivisions, or developments? c. Drainage and Wastewater Management. Does the subject land contain, support, or allow a legal means of drainage or wastewater management for such lot or on neighboring lots, subdivisions, or developments, which would use or result in a stoppage, interruption, or unacceptable level of service? d. Conservation. Does the subject land contain, support, or allow the means for the conservation or preservation of flora or fauna? Response: The property on both side of the right of way being proposed for abandonment are owned by the applicant and therefore are no longer needed for access. Any utilities and drainage that may be within the alleys or fight of way is planned to be relocated as indicated on the preliminary engineering plans. Waste management will also continue to serve the property as shown in the proposed Maras. There is no native significant flora or fauna to be preserved and any that can be relocated has been identified on the landscape plans. The Villages at East Ocean Avenue meets the criteria for the proposed abandonment application. Page 401 of 544 EXHIBIT "D" Boynton Beach Utilities 124 E. Woolbright Road Boynton Beach,Florida 33435 OffZce:(561)742-6400 Fax: (561)742-6298 s Website:www.boynton-beach.org August 07,2017 Review f"The Villages at East Ocean" Request to abandon Wateris a er mains within the development area Notes: Additional Utility easements from Developer/Owner will be required as Development progress. 1. Right-of-way Abandonment Alley North of NE 1St Av ue In Block 2 Boynton Beach Boynton Beach Utilities currently has sewer service connections to the properties along Boynton Beach Boulevard. If these properties are under the control of or owned by the developer,we have no objection on removing the existing 8-inch sewer main and services located within the 20 feet wide ley north of NE 1st Avenue. The developer/or owner shall completely remove the upstream manhole, expose and remove the entire length of pipeline up to the downstream ole, located o NE 3 Street, unless otherwise noted. The pipe penetration at the downstream manhole shall be plugged. This downstream ole is particularly susceptible to structural degradation and shall be rehabilitated, as specified in our construction standard and specifications. 2. Right-of-way Abandonment NE 1st Avenue Boynton Beach Boynton Beach Utilities has no objection on removing the existing 8-inch sewer main located within e NE 1st Avenue right of way. The develop /or owner shall completely remove the upstream (offsite)manhole, expose and remove the entire length of pipeline up to the downstream manhole, unless otherwise noted. The pipe penetration at the downstream ole shall be plugged. This downstream a ole is particularly susc tible to structural de adation and shall be rehabilitated, as specified in our construction standard and specifications. 3. Right-of-way do ent Alley South of NE 1st Avenue Boynton Beach Boynton Beach Utilities has no objection on removing a section of the existing -inch sewer main o the 20 feet wide alley south of NE 1St. The remaining of 8-inch sewer main will require a 20-font wide utility easement if the entire City alley is to be abandoned. e developer/or owner shall completely remove the upstream ole, expose and remove the section of pipeline where they intend to construct a new manhole. It has yet to be determined if the remaining existing pipeline will Page 402 of 544 need to be replaced. The downstream manhole located on NE P Street is particularly susceptible to structural degradation and shall be rehabilitated, as specified in our construction standard and specifications. Line stops shall be used in place of plugs for the existing 4-inch at main. The water main shall be abandoned between the east and west limits of the property and the pipeline shall be completely removed. Boynton each Utilities will limit the tapping of our 24-inch water main on NE 3rd Street; therefore,the existing two-story building needs to be fed from other service lines. 4. Right-of-way Abandonment Alley South of E. Ocean Blvd Boynton each Boynton each Utilities has no objection on removing the existing 8-inch sewer main on the 20 feet alley south of Ocean Blvd. The develop for owner shall completely remove the upstream manhole, expose and remove the sewer pipeline up to the downstream manhole on SE 3rd Street,unless otherwise noted. The pipe penetration at the downstream manhole shall be plugged. The existing downstream manhole is particularly susceptible to structural degradation and shall be rehabilitated, as specified in our construction standard and specifications. The existing 8-inch water main is asbestos cement pipe (AC) and shall be replaced at the developer/or owner cost. As we specified in the Dart Comments, "Two independent sources of water, as well as a looped system, must be provided during all phases of construction - No Exceptions Taken." To loop the system, Boynton each Utilities will work with the applicant during permitting of the underground work to detennine the best place to make the connection. The 20 feet wide alley will be dedicated as easement that the City deems necessary for public services and said dedication shall provide that developer/or owner shall hold City harmless for any of its acts perform within or abutting said easements if any loss or damage is caused to abutting property. 5. Right-of-way Abandonment South of SE I"Avenue Boynton each Boynton each Utilities has an existing 12-inch diameter reclaimed water main in the right of way. We will require an easement for this main along with any proposed mains designed and installed by the developer/owner. Notes: All on-site remaining manholes and sewer mains, as well as manholes and sewer mains on NE/SE P street, along the project's property line, shall be rehabilitated, as specified in our construction standard and specifications. Please let me know if need any additional information. Sincerely, 2 Page 403 of 544 BOYNTON BEACH UTILITIES Milot Emile, E.I. Associate Engineer xc: File:I\memile\development project\the villages @ east ocean\correspondence 3 Page 404 of 544 EXHIBIT "E" CONDITIONS OF APPROVAL Project Name: Villages at East Ocean File number: ABAN 17-002 through 17-006 Reference: 41h review plans identified as a Maior Site Plan Modification with a July 14, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: 1. Relocation of utilities, utility improvements and dedication of new utility easements as specified in the City's Utility Department's memo of August 7, 2017 (Exhibit "D") shall be performed at the X developer's expense prior to the issuance of a building permit. FIRE Comments: None. POLICE Comments: None. BUILDING DIVISION Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 2. Any conditions of approval from the various utility companies requiring new or revised easements and developer relocation of their facilities will be required to be addressed prior to issuance X of a building permit. 3. Approval is subject to approval of the concurrent applications for Rezoning, Major Site Plan Modification and Community Design X Appeals. Page 405 of 544 Villages at East Ocean (ABAN 17-002 through 17-006) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT COMMUNITY REDEVELOPMENT AGENCY Comments: None. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Villages at E.Ocean\AbandonmentSWBAN 17-002 through 17-006\COA.doc Page 406 of 544 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Villages at East Ocean (ABAN 17-002 through 17-006) APPLICANT: Bradley Miller, Miller Land Planning, Inc. APPLICANT'S ADDRESS: 508 E. Boynton Beach Blvd., Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 19, 2017 APPROVAL SOUGHT: Request for abandonment of a portions of rights-of-way (ABAN 17-002 through ABAN 17-006) consisting mostly of unimproved streets and alleys between NE/SE 3d Street and the FEC Railroad, from Boynton Beach Boulevard south to SE 1St Avenue, in conjunction with request for major site plan modification approval of the Villages at East Ocean mixed use project. LOCATION OF PROPERTY: 405 E. Ocean Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Villages at E. OceanWbandonmentSWBAN 17-002 through 17-006\DO.doc Page 407 of 544 9.E. PUBLIC HEARING 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: Approve The Villages at East Ocean Avenue- North Major Site Plan Modification (MSPM 17-003) request for a mixed-use development consisting of an eight (8)-story building with 336 dwelling units, commercial space, and associated recreational amenities and parking on a 3.379 acre site. Applicant: Arthur D'Almeida. (Should be tabled to September 19, 2017 to correspond with 2nd reading of the Land Use Amendment application.) EXPLANATION OF REQUEST: The Villages at East Ocean Avenue is a proposed mixed use development on 5.14 acres split into two different master plans with Ocean Avenue being the dividing line—the south portion extends from Ocean Avenue to the alley south of SE 1st Avenue, while the north part covers the area from Ocean Avenue north to Boynton Beach Boulevard. Mr. Bradley Miller, agent for the owner, is requesting approval of several concurrent applications for the development of The Villages at East Ocean Avenue project(See the respective staff reports). The requests include two (2) Future Land Use Map Amendments and Rezonings, two (2) Major Site Plan Modifications, and a series of Right-Of-Way Abandonments. This request is for a Major Site Plan Modification for the north parcel for approval to construct an 8-story, mixed-use development consisting of 336 multi-family residential units, 12,257 square feet of commercial space and a supporting parking garage with 644 parking spaces. The Planning and Development Board recommended approval of the subject request on August 22, 2017. The Board added a comment to the Conditions of Approval requesting that the applicant and staff review the commercial space proposed along Boynton Beach Boulevard to consider the possibility of live-work units in its place. However, live-work uses at this location would be in conflict with the LDR which requires the first floor of a mixed-use project to contain commercial space where there is frontage along an arterial road and Ocean Avenue. Furthermore, the CRA Plan recommends that"active commercial uses are required" on certain street frontages. Staff recognizes that not all locations are equally viable for commercial uses, limiting such locations to those roads with higher traffic volumes or planned pedestrian activity. Therefore, Boynton Beach Boulevard and Ocean Avenue are targeted for commercial uses that"activate the street" and contribute to the commercial space needed to serve the budding Downtown District and serve the additional residential units being built. Live-work units have been proposed, and supported by staff, along SE 3rd Street. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: If approved and developed, the project would increase application and processing revenues and ultimately, the City's tax base. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A Page 408 of 544 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Exhibit A® Location Map D Drawings Exhibit B ® Project Plans D Conditions of Approval Exhibit C ® Conditions of Approval D Development Order Development Order Page 409 of 544 DEVELOPMENT DEPARTMENT PLANNING AND ZONINGIII MEMORANDUM NO. PZ 17-043 STAFF REPORT TO: Chair and Members Planning and Develop nt Board THRU: Michael W. Rumpf �� Director of Planning and Zoning FROM: Amanda Bassiely Senior Planner— rban Designer DATE: August 11, 2017 PROJECT NAME: The Villages at East Ocean Avenue - North (MSPM 17-003) REQUEST: Major Site Plan Modification approval for a mixed-use development consisting an eight (8)-story building with 336 dwelling units, commercial space, and associated recreational amenities and parking on a 3.379 acre site. PROJECT DESCRIPTION Property Owner: 206 Boynton LLC, Boynton Beach Property Holdings LLC, 416 Boynton LLC, 422 Boynton LLC, First Avenue Boynton LLC, East Ocean Avenue LLC Applicant: Aurther B. D'Almeida, Managing Member Agent: Bradley D. Miller, Miller Land Planning Location: South side of Boynton Beach Boulevard to Ocean Avenue between the F.E.C. Railroad and NE 3rd Street(see Exhibit"A" -Site Location Map). Existing Land Use: LRC (Local Retail Commercial) Proposed Land Use: MXH (Mixed Use High) Existing Zoning: C-2 (Neighborhood Commercial) and C-3 (Community Commercial) Proposed Zoning: MU-C (Mixed Use Core) Proposed Use: Mixed use development with 336 dwelling units, commercial space, recreational amenities, parking, and other related site improvments. Acreage: 3.379 acres Page 410 of 544 The Villages at East Ocean Avuene Staff Report(MSPM 17-003) Memorandum No PZ 17-043 Page 2 Adjacent Uses: North: Right-of-way for Boynton Beach Boulevard and farther north is developed commerical properties with a Land Use designation of Local Retial Commercial (LRC) and zoning designation of Community Commercial (C-3); South: Right-of-way for East Ocean Avenue and farther south is the planned site of the southern portion of the subject project,Villages at East Ocean –South, with a propsed Land Use classification of Mixed Use Medium (MXM) and a zoning designation of MU-2 (Mixed Use 2); East: Right-of-way for the Florida East Coast(FEC) Railroad and NE 4th Street and father east are developed commerical properties with a Land Use classification of Mixed Use(pending reclassfication to MXH)and zoning designation of CBD (Central Business District); and West: Right-of-way for NE 3rd Street and farther west are developed commerical and multi-family properties with a Land Use classification of High Density Residential (HDR) and a zoning designation of C-3 (Community Commerial) and R-3 (Multi-Family) PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: The Villages of East Ocean Avenue is a proposed mixed use development on 5.14 acres split into two different master plans with Ocean Avenue being the dividing line—the south portion extends from the Ocean Avenue to the alley south of SE 1st Avenue, while the north part covers the area from Ocean Avenue to Boynton Beach Boulevard. Mr. Bradley Miller, agent for the owner, is requesting approval of several concurrent applications for the development of The Villages at East Ocean Avenue project. (See the respective staff reports).The requests include two (2) Future Land Use Amendments and Rezonings, two (2) Major Site Plan Modifications, and a series of Right-Of-Way Abandonments. This request is for a Major Site Plan Modification for the north parcel for approval to construct an 8-story, mixed-use development consisiting of 336 multi-family residential units, 12,257 square feet of commercial space and a supporting parking garage with 644 parking spaces. 2 Page 411 of 544 The Villages at East Ocean Avuene Staff Report(MSPM 17-003) Memorandum No PZ 17-043 Page 3 ANALYSIS Traffic: A traffic study was sent to the Palm Beach County Traffic Division for review. The project is located within the boundaries of the City of Boynton Beach TCEA(Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards. The entire project(both the north and south parecels)generate 1,635 new daily trips with 192 AM peak trips and 130 PM peak trips. School: The School District of Palm Beach County has confirmed that area schools have adequate capacity to accommodate the potential public school students who will reside in the proposed dwelling units with their families. Utilities: The City's water capacity, as increased through the purchase of up to five(5) million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water demand for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. The applicant will be making several upgrades to utility lines in the vicinity of the project as part of the site development. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Access: The property's main vehicular access point is on NE 3rd Street. This access leads directly into the garage which serves the development. Sidewalks are provided along the street rights-of-way. The sidewalks proposed are a minimum of eight (8)feet in width and are lined with street trees for shade. The sidewalks along Ocean Avenue and Boynton Beach Boulevard also abut an active area that may be used for outdoor dinning and commercial uses. There is limited pedestrian access from Boynton Beach Boulevard into private amenities for the residences. There are three (3) separate plazas proposed to encourage pedestrian interaction,with the first located at the center of the Ocean Avenue frontage. A second plaza is proposed on NE 3rd Street at the main entrance of the residential building and the third on Boynton Beach Boulevard at the entry of the amenites area. The project also proposes a publicly accessible greenway along the eastern property line. The greenway connects Boynton Beach Boulevard to Ocean Aveue. 3 Page 412 of 544 The Villages at East Ocean Avuene Staff Report(MSPM 17-003) Memorandum No PZ 17-043 Page 4 Parking: Off-street parking for the MU-C zoning district requires 1.33 parking spaces for one-bedroom units and 1.66 parking spaces for two(2)or more bedroom units. The project proposes 336 units(a mixture of one and two bedrooms), which would require 513 parking spaces. Additionally, the code requires the provision of guest parking at a rate of 0.15 spaces per unit, which adds another 51 parking spaces to the total. The commercial space, which would allow a mix of retail, office and restaurant uses, requires one (1) parking space per 200 square feet of gross floor area. The site plan proposes 12,257 square feet of retail,thereby requiring an additional 84 parking spaces. Under this standard methodology for calculating required off-street parking spaces, a grand total of 648 parking spaces would be required. Per Chapter 4,Article V, Sec.3,(A), a 5% reduction of non-residential space may be applied, reducing the total number of required parking space to 643. The site plan proposes 644 parking spaces, an excess of 1 space. Regular parking space dimensions would conform to code requirements for the CRA of 9 feet by 18 feet for 90 degree parking and 9 feet by 25 feet for parallel spaces. The thirteen(13)handicap spaces would be dimensioned 12 feet in width by 18 feet long. The applicant is proposing a seven (7)-story parking garage that would accommodate up to 625 vehicles. A resident gate would be placed in the garage with a turnaround space for non-residents. The developer will be required to comply with the City's residential parking requirements to ensure that the designated resident parking spaces are reserved for, and made available to the residents, so that there is no reason for residents to utilize guest and retail parking spaces. This requirement shall be monitored and enforced by the developer. There are an additional 19 on-street parking spaces; six(6)on Ocean Avenue; ten(10)on NE 3rd Street;and three(3)on Boynton Beach Boulevard. Landscaping: The Plant List(Sheets L3&L4)indicates that the project would add a total of 119 canopy and palm trees, 1,946 accent and shrub specimens, and 4,851 small shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or"medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Cathedral Live Oak, Crape Myrtle, Green Buttonwoon, Foxtail Palms, Silver Date Palms, and Canary Island Date Palms along with a variety of other tree types. Projects proposed in the Mixed Use Core (MU-C)zoning district are subject to the"Streetscape Design"portion of the landscape code regulations.These code provisions recognize the desire for reduced building setbacks, thus creating an urban setting.The purpose of the"Streetscape Design"concept is to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and optimize the pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities(benches/seatwalls, lighting, accent 4 Page 413 of 544 The Villages at East Ocean Avuene Staff Report(MSPM 17-003) Memorandum No PZ 17-043 Page 5 lighting, accent plantings).The landscape design proposed by the applicant depicts the use of street trees and covered arcades to create the streetscape theme,with the lower landscape material placed at points along the building foundation and between the street and sidewalk, in an effort to provide maximum clear pedestrian pathways. Building and Site: The proposed site area totals 3.377 acres. The dwelling units are located above the retail spaces fronting Boynton Beach Boulavard and Ocean Avenue, wrapping the ground floor amenity deck, and wrapping a parking garage. The retail portion of the project totals 12,537 square feet and fronts the main roadways and the public plaza. As noted previously, the parking garage has seven (7) levels of parking, with dedicated resident parking. Of the 336 residential units, three are loft, seven are studio, 135 are one (1) bedroom, 181 are two(2) bedroom, and 10 are(3) bedroom units. The units range in size from 693 square feet to 1,530 square feet. Each unit also has a balcony or terrace that either faces out towards the street or in towards the courtyard. Relative to the floor area ratio (FAR) regulations within the code, the Mixed Use Core (MU-C)zoning district has a maximum FAR of 4.0. The project is also located within the"Transit Core" (1/4 mile radius of the planned station), which requires that new development have a minimum density of 40 dwelling units per acre (99.5 du/ac proposed) and a minumum FAR of 2.0 (2.92 proposed). Building Height: Overall, the building design has the most intensity along the frontage of Boynton Beach Boulevard, decreasing in intensity as the project approaches Ocean Avenue. The maximum building height allowed in the MUC (Mixed Use Core) zoning district is 150 feet. The proposed building elevations depict the typical roof deck height of the mixed-use building at ninty (90) feet, with an overal height of approximitly ninety-five (95). Along Ocean Avenue,the building height is reduced in height to approxmitly thirty-five feet (35), per the CRA plan. Setbacks: The MU-C zoning district requires no building setbacks, but rather a zero(0) build-to line. However, the CRA plan recommends the building be setback to allow for an enhanced public realm that includes street trees, sidewalks, plazas, and active areas such as outdoor seating and retail uses. The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along Boynton Beach Boulevard, the proposed building setback along the length of the building is between eight feet and twenty-seven feet. Along NE 3rd Street, the building setback is approximately 16 feet except for the areas of the plaza / building entry, which is setback to approximately 57 feet. The building along Ocean Avenue has a setback of approximately 15 feet and includes a courtyard area where the setback is 31 feet from the property line. The eastern property line abuts the FEC Railroad right-of-way where the setback varies between 13 feet and 18 feet. 5 Page 414 of 544 The Villages at East Ocean Avuene Staff Report(MSPM 17-003) Memorandum No PZ 17-043 Page 6 Amenities: As noted above, there are three(3)separate plazas proposed to encourage pedestrian interaction, with the first located at the center of the Ocean Avenue frontage. A second plaza is proposed on NE 3rd Street at the main entrance of the residential building and the third on Boynton Beach Boulavard at the entry of the amenities area. The plazas are connected with pedestrian zones that front along the rights-or-way. The pedestrian zones include a street tree area, sidewalks, active areas and covered walkways. The project also proposes a publicly accessible greenway along the eastern property line. The project has been designed with a large interior courtyard for resident use, containing the community pool, spa, outdoor dining areas, and lush tropical landscaping. The amenities located within the building include a clubhouse,fitness center, and secured bike storage.The developer will also be working with Palm Tran of Palm Beach County to relocate and create a new transit shelter, designed utilizing some of the architectural characteristics of the mixed use project. Design: The intended architectural style for the project is"Coastal Village",which is a variation of Florida Vernacular Architecture.This architectural style fosters a sense of place and identity for the district. The Coastal Village architectural style blends tropical motifs such as climate-sensitive roof forms with contemporary design elements such as vertical orientation, sparsely used ornamentation,vertically-oriented windows, and materials such as concrete and steel structural frames, standing seam metal roofs and use of colors. The project materials and finishes are consistent with this architectural style. The mixed-use projects are designed to create a pedestrian-friendly environment by placing the buildings along pedestrian zones and articulating the building mass avoiding a repetitive, continuous, monotonous building block. The building mass fronting SE 3rd Street on both the north and south parcels is articulated and scaled down as one moves from north to south. This approach maintains the highest building mass and density closer to Boynton beach Boulevard and a lower scale on both sides of Ocean Avenue, terminating with a small townhouse building at the south end. The buildings facing Boynton Beach Boulevard are stepped back ten feet at a height of 45 feet in order to move the mass of the building farther from the pedestrian environment. Lighting: The photometric plans (Sheets PH-1 & PH-2) include 32 freestanding pole light fixtures, with pole height ranging from 12 feet to a maximim of 15 feet. The poles are designed to match the poles and light fixture already approved along the Casa Costa, 500 Ocean and Boynton Promenade projects. The poles and fixtures would be constructed of cast aluminum, black in color and the light fixtures would have a flat lens to ensure the on-site illumination would not"spill over"onto adjacent properties and rights-of-way as required by code. There are no spot readings in excess of the maximum 5.9 foot- candles allowed.Also proposed are a series of pedestian-scale, lit bollards. Signage: Locations have been identified to ensure proper wayfinding for public 6 Page 415 of 544 The Villages at East Ocean Avuene Staff Report(MSPM 17-003) Memorandum No PZ 17-043 Page 7 parking. Site and building signage have not been finalized and a Sign Program must be approved prior to requesting any sign permits for the site (see Exhibit"C" —Conditions of Approval). Public Art: The project is subject to the Art in Public Places requirement, and the applicant has been in discussions with the Public Arts Administrator regarding the art and its placement. The project proposes Public Art throughout the site including utilizing the building walls, site fountains, public courtyards and walkways. RECOMMENDATION Staff has reviewed this request for a Major Site Plan Modification and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. 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DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: 1. Civil plans, including drainage calculations, in accordance with the X 2010 LDR, Chapter 4, Article VIII, Section 3.G. will be required at the time of permitting. 2. Coordinate with Stormwater Utilities to ensure that the consultant X models the stormwater discharge to the ultimate outfall. 3. Prior to permit application, please contact the Public Works X Department (561-742-6200) regarding the removal of refuse during the construction phase per the CODE, Section 10-26 (a). 4. Section 26-34(A) of the code mandates the payment of water X and/or sewer capital facilities charges when a project is to receive services from the city's systems, and as an option, a capacity reservation fee may be obtained at an additional cost and will only be valid for a period of one (1) year after the fee has been paid. Capacity reservation fees shall be paid upon the request for the Utilities Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. All fees will be determined based on the final meter size(s), or expected demand. 5. The existing drainage infrastructure to remain within the project X limits and along the project frontage shall be Tele-inspected before and after construction. Prior to the post construction tele- inspection, the same lines shall be cleaned. 6. Please provide an Addressing Plan, prior to permit issuance. X 7. Provide irrigation plans with the landscape plan, prior to permit X issuance. 8. Applicant shall work with the Utilities Department to determine the X project wastewater flow discharge, which will be entered into the 1 Page 424 of 544 Villages at East Ocean (North) MSPM 17-003 4th Review Comments Page 2 of 4 DEPARTMENTS INCLUDE REJECT City's hydraulic model to determine if a lift station is required. 9. Please address storm water treatment for first inch of rainfall, as X well as conception detail and conveyance. Please note SFWMD requirements may be more restrictive. Calculations for exfiltration shall be submitted at time of permitting. 10. The attendance at a mandatory Pre-Construction Conference is X required prior to the start of any utilities work on site. FIRE Comments: None. All previous comments addressed at DART Meeting. POLICE Comments: None. All previous comments addressed at DART Meeting. BUILDING DIVISION Comments: Building comments will be addressed at time of permitting. PARKS AND RECREATION Comments: 11. Per City Ordinance, the Park Impact Fee for the North Parcel is X $199,920 (336 apartments X$595.00). PLANNING AND ZONING 2 Page 425 of 544 Villages at East Ocean (North) MSPM 17-003 4th Review Comments Page 3 of 4 DEPARTMENTS INCLUDE REJECT Comments: 12. Sheet AS100 has the incorrect boundary for the project area X proposed to be rezoned. Please revise boundary to exclude properties not owned by the applicant. 13. Sheet AS1.10 data Sheet AS1.10 data is incomplete. Please add X FAR calculations and revise parking calculations to accurately reflect the plan. 14. In order to promote interconnectivity, as required per code, to X support the 5% parking reduction for the non-residential uses, the applicant shall remove any fencing and gates at the north and south termination of the pedestrian path adjacent to the railroad, in order to allow free public access from Ocean Ave to Boynton Beach Blvd along the east side of the project and to the public space noted on the plans. 15. Please provide a detail drawing of the design of the bus shelter, X matching the architectural design, materials and colors of the building. 16. Please depict the access points from the garage to the retail X spaces. Enhance public access points so they are clearly discernable for the public. 17. Revise elevations to consistently match the submitted color chip, X "Adventure Orange". 18. Please provide calculations and dimensions of ground floor X building facades which indicate that 50% (all mixed use buildings) and 30% (for all residential buildings) of the area is occupied by transparent windows or door openings. Note that the maximum sill height of 2' and minimum head height of 6'8" is required. 19. Please provide details of any proposed building signs. A Sign X Program will be required for the project. No sign permits will be issued until the program is approved. 20. All applicable drawings should depict the improvements within the X right-of-way along the west side of the abutting condominium building, including roadway, sidewalk, light poles, landscaping, etc., in order to continue the proposed streetscape design from 3 Page 426 of 544 Villages at East Ocean (North) MSPM 17-003 4th Review Comments Page 4 of 4 DEPARTMENTS INCLUDE REJECT Boynton Beach Boulevard south to Ocean Avenue. 21. Any approvals are subject to the approval of the associated right- X of-way abandonment applications. HISTORIC PRESERVATION Comments: Comments have been acknowledged and will be addressed during site construction. COMMUNITY REDEVELOPMENT AGENCY Comments: 22. Clearly identify the location of the required parking spaces X associated with the proposed retail/restaurant and guests. Sheets AS 1.10 parking table, AS 1.11 and A1.01. 23. As part of the applicant's design and construction of the NE 3rd X Street r-o-w improvements, continue the pedestrian improvements all the way to the corner of NE 3rd Street and E. Ocean Avenue. Sheets AS1.11 and A1.01. 24. Overhead utilities must be undergrounded. An easement may X need to be retained in order to continue the undergrounding of utilities along 3rd Street to continue south of Ocean Ave. PLANNING & DEVELOPMENT BOARD CONDITIONS 25. The applicant and staff shall discuss the possibility of live/work X units as an option for the commercial space along Boynton Beach Boulevard. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Villages at East Ocean\Villages North(MSPM 17-003)\StaffReport\ExhibitC_COA-P&D.doc 4 Page 427 of 544 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Villages at East Ocean- North (MSPM17-003) APPLICANT: Arthur B. D'Almeida APPLICANT'S ADDRESS: 105 East Palmetto Park Road, Boca Raton, FL, 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 19, 2017 APPROVAL SOUGHT: Request for a Major Site Plan Modification approval for a mixed-use development consisting of 336 dwelling units, commercial space, and associated recreational amenities and parking on a 3.379 acre site. LOCATION OF PROPERTY: South side of Boynton Beach Boulevard to Ocean Avenue between the F.E.C. Railroad and NE 3d Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Villages at East Ocean\Villages North(MSPM 17-003)\StaffReport\MSPM17-003_DO.doc Page 428 of 544 9.F. PUBLIC HEARING 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: (1) PROPOSED ORDINANCE NO: 17-027 - FIRST READING -Approve The Villages at East Ocean - South Future Land Use Map Amendment(LUAR 17-003)from Local Retail Commercial (LRC) to Mixed Use Medium (MXM). Applicant: Arthur B. D'Almeida (2) PROPOSED ORDINANCE NO: 17-028 - FIRST READING -Approve The Villages at East Ocean - South Rezoning (LUAR 17-003)from C-2 Neighborhood Commercial to MU-2, Mixed Use 2 District with a proposed site plan for 35 multi-family units and 3,500 square feet of commercial space. Applicant: Arthur B. D'Almeida EXPLANATION OF REQUEST: The proposed Villages at East Ocean Avenue is a mixed use development on 5.14 acres which extend between the FEC Railroad to the east and 3rd Street on the west, with Ocean Avenue beeing a dividing line between the project's North and South components. The North component covers the area north of Ocean Avenue to Boynton Beach Boulevard, while the South part of the development extends from Ocean Avenue to the alley south of SE 1St Avenue. The Future Land Use Map amendments, rezonings and site plans for the North and South sections are processed concurrently (see the respective staff reports). The subject request pertains to the South section of the Villages project. The property consist of 7 parcels, currently developed with commercial and single-family uses. This section is proposed to be redeveloped under the Mixed Use Medium (MXM)future land use category and Mixed Use 2 zoning. The request, if approved, would implement the CRA Plan's future land use recommendation for the area. The Planning & Development Board reviewed this item on August 22, 2017 and forwards it with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The project will not require capacity adjustment to the City services. FISCAL IMPACT: If approved and developed, the project would encourage development and at higher densities which would increase application and processing revenues and ultimately, the City's tax base. ALTERNATIVES: Staff does not recommend any alternatives. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: NA Page 429 of 544 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: NA Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance appro\Ang Villages at East Ocean Avenue South land use amendments D Ordinance Ordinance appro\Ang Villages at East Ocean Avenue® South rezoning D Staff Report Staff Report D Location Map ExhibitA. Location Map D Exhibit Exhibit B. Villages proposed FLU D Exhibit Exhibit C. Villages proposed zining D Exhibit Exhibit D. CRA FLU recommendations Page 430 of 544 1 ORDINANCE NO. 17- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY COMMONLY KNOWN AS THE VILLAGES AT EAST 7 OCEAN AVENUE-SOUTH AND DESCRIBED HEREIN,OWNED BY 8 ARTHUR B. D'ALMEIDA; CHANGING THE LAND USE 9 DESIGNATION FROM LOCAL RETAIL COMMERCIAL(LRG)TO 10 MIXED USE MEDIUM (MXM); PROVIDING FOR CONFLICTS, 11 SEVERABILITY,AND AN EFFECTIVE DATE. 12 13 WHEREAS,the City Commission of the City of Boynton Beach,Florida has adopted 14 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 15 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 16 Comprehensive Planning Act; and 17 WHEREAS, the procedure for amendment of a Future Land Use Element of a 18 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 19 WHEREAS, after two (2) public hearings the City Commission acting in its dual 20 capacity as Local Planning Agency and City Commission finds that the amendment 21 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 22 the best interest of the inhabitants of said City to amend the Future Land Use Element 23 (designation) of the Comprehensive Plan as hereinafter provided. 24 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 25 CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 27 herein by this reference. 28 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 29 following: 30 That the Future Land Use of the following described land described in Exhibit"A"is Page 431 of 544 31 amended from Local Retail Commercial (LRC)to: MIXED USE MEDIUM(MXM). 32 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 33 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 34 Land Development Regulation Act. No party shall be vested of any right by virtue of the 35 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 36 including appeals, are exhausted. In the event that the effective date is established by state law or 37 special act, the provisions of state act shall control. 38 FIRST READING this day of , 2017. 39 SECOND, FINAL READING and PASSAGE this day of , 2017. 40 CITY OF BOYNTON BEACH, FLORIDA 41 42 YES NO 43 44 Mayor— Steven B. Grant 45 46 Vice Mayor—Justin Katz 47 48 Commissioner—Mack McCray 49 50 Commissioner—Christina L. Romelus 51 52 Commissioner—Joe Casello 53 54 55 56 VOTE 57 ATTEST: 58 59 60 61 Judith A. Pyle, CMC 62 City Clerk 63 64 (Corporate Seal) 65 Page 432 of 544 66 EXHIBIT A SOUTH PROPERTY LEGAL DESCRIPTION ORB 27497 PAGE 1800 PARCEL 1: LOT 5, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. PCN: 08-43-45-28-03-008-0050 PARCEL 2: LOT 3, LESS THE NORTH 10 FEET THEREOF, AND ALL OF LOTS 4, 9 AND 10, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. PCN: 08-43-45-28-03-008-0030 PARCEL 3: THE EAST 1/2 OF LOT 8, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. PCN: 08-43-45-28-008-0081 PARCEL 4: LOT 6, BLOCK 8, ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PCN: 08-43-45-28-03-008-0060 PARCEL 5: THE NORTH 60 FEET OF LOT 7 AND THE NORTH 60 FEET OF THE WEST HALF (W '/2) OF LOT 8, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM Page 433 of 544 BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. PCN: 08-43-45-28-03-008-0071 PARCEL 6: LOTS 4, 5 AND 6, BLOCK 11, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PCN: 08-43-45-28-03-011-0040 PARCEL 7: LOT 7, LESS THE NORTH 60 FEET THEREOF AND THE WEST HALF OF LOT 8, LESS THE NORTH 60 FEET THEREOF, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. PCN: 08-43-45-28-03-008-0072 TOGETHER WITH ALL IMPROVEMENTS, TENEMENTS, HEREDITAMENTS, AND APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING AND TOGETHER WITH ALL RIGHTS AND EASEMENTS OF RECORD. SUBJECT TO ALL COVENANTS, RESTRICTIONS AND EASEMENT OF RECORD, WITHOUT THE INTENT TO REIMPOSE SAME, AND TAXES FOR THE CURRENT AND SUBSEQUENT YEARS. Page 434 of 544 1 ORDINANCE NO. 17- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 02- 5 013 TO REZONE A PARCEL OF LAND 6 DESCRIBED HEREIN AND COMMONLY 7 REFERRED TO AS THE VILLAGES AT EAST 8 OCEAN AVENUE — SOUTH FROM 9 NEIGHBORHOOD COMMERCIAL (C-2) TO 10 MIXED USE 2 WITH THE MAXIMUM DENSITY 11 OF 40 DWELLING UNITS/ACRE (MU-2); 12 PROVIDING FOR CONFLICTS, SEVERABILITY, 13 AND AN EFFECTIVE DATE. 14 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 16 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 17 and 18 WHEREAS, the City of Boynton Beach, owner of the property has made application 19 to rezone a parcel of land, said land being more particularly described hereinafter, from 20 Neighborhood Commercial (C-2) to Mixed Use 2 with the maximum density of 40 dwelling 21 units/acre (MU-2); and 22 WHEREAS, the City Commission conducted public hearings as required by law and 23 heard testimony and received evidence which the Commission finds supports a rezoning for 24 the property hereinafter described; and 25 WHEREAS, the City Commission finds that the proposed rezoning is consistent 26 with an amendment to the Land Use which was contemporaneously considered and approved 27 at the public hearing heretofore referenced; and 28 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 29 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 32 Section 1. The foregoing Whereas clauses are true and correct and incorporated C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\476CECC0-3872-4605-BD6A-39BA081C5EF9\Boynton Beach.6569.1.Villages_at East_Ocean_Avenue_-_South_-_Rezone.doc Page 435 of 544 33 herein by this reference. 34 Section 2. The land described in Exhibit "A" be and the same is hereby rezoned 35 from Neighborhood Commercial (C-2) to Mixed Use 2 with the maximum density of 40 36 dwelling units/acre (MU-2). A location map is attached hereto as Exhibit "B" and made a 37 part of this Ordinance by reference. 38 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 39 accordingly. 40 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 41 repealed. 42 Section 5. Should any section or provision of this Ordinance or any portion thereof 43 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 44 the remainder of this Ordinance. 45 Section 6. This ordinance shall become effective immediately upon passage. 46 FIRST READING this day of , 2017. 47 SECOND, FINAL READING and PASSAGE this day of , 2017. 48 CITY OF BOYNTON BEACH, FLORIDA 49 50 YES NO 51 52 Mayor— Steven B. Grant 53 54 Vice Mayor—Justin Katz 55 56 Commissioner—Mack McCray 57 58 Commissioner—Christina L. Romelus 59 60 Commissioner—Joe Casello 61 62 VOTE 63 64 ATTEST: 65 66 67 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\476CECC0-3872-4605-BD6A-39BA081C5EF9\Boynton Beach.6569.1.Villages_at East_Ocean_Avenue_-_South_-_Rezone.doc Page 436 of 544 68 Judith A. Pyle, CMC 69 City Clerk 70 71 72 73 (Corporate Seal) 74 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\476CECC0-3872-4605-BD6A-39BA081C5EF9\Boynton Beach.6569.1.Villages_at East_Ocean_Avenue_-_South_-_Rezone.doc Page 437 of 544 75 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\476CECC0-3872-4605-BD6A-39BA081C5EF9\Boynton Beach.6569.1.Villages_at East_Ocean_Avenue_-_South_-_Rezone.doc Page 438 of 544 EXHIBIT A SOUTH PROPERTY LEGAL DESCRIPTION ORB 27497 PAGE 1800 PARCEL 1: LOT 5, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. PCN: 08-43-45-28-03-008-0050 PARCEL 2: LOT 3, LESS THE NORTH 10 FEET THEREOF, AND ALL OF LOTS 4, 9 AND 10, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. PCN: 08-43-45-28-03-008-0030 PARCEL 3: THE EAST '/z OF LOT 8, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. PCN: 08-43-45-28-008-0081 PARCEL 4: LOT 6, BLOCK 8, ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PCN: 08-43-45-28-03-008-0060 PARCEL 5: THE NORTH 60 FEET OF LOT 7 AND THE NORTH 60 FEET OF THE WEST HALF (W '/2) OF LOT 8, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\476CECC0-3872-4605-BD6A-39BA081C5EF9\Boynton Beach.6569.1.Villages_at East_Ocean_Avenue_-_South_-_Rezone.doc Page 439 of 544 PCN: 08-43-45-28-03-008-0071 PARCEL 6: LOTS 4, 5 AND 6, BLOCK 11, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PCN: 08-43-45-28-03-011-0040 PARCEL 7: LOT 7, LESS THE NORTH 60 FEET THEREOF AND THE WEST HALF OF LOT 8, LESS THE NORTH 60 FEET THEREOF, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. PCN: 08-43-45-28-03-008-0072 TOGETHER WITH ALL IMPROVEMENTS, TENEMENTS, HEREDITAMENTS, AND APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING AND TOGETHER WITH ALL RIGHTS AND EASEMENTS OF RECORD. SUBJECT TO ALL COVENANTS, RESTRICTIONS AND EASEMENT OF RECORD, WITHOUT THE INTENT TO REIMPOSE SAME, AND TAXES FOR THE CURRENT AND SUBSEQUENT YEARS. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\476CECC0-3872-4605-BD6A-39BA081C5EF9\Boynton Beach.6569.1.Villages_at East_Ocean_Avenue_-_South_-_Rezone.doc Page 440 of 544 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-48 STAFF REPORT TO: Chair and Members Planning and Development or THRU: Michael Rumpf Planning and Zoning Director 0% FROM: Hanna Matras, Senior Planner DATE: August 15, 2017 PROJECT: The Villages at East Ocean Avenue-South LUAR 17-003 REQUEST: Approve The Villages at at Ocean-South Future Land Use Map Amendment from Local Retail Commercial (LRC) to Mixed Use Medium (MXM) and rezoning from C-2 Neighborhood Commercial to MU-2, Mixed Use 2 District with a proposed site plan for 35 multi-family units and 3,500 square feet of commercial space. PROJECT DESCRIPTION Property Owner/Applicant : Arthur B. D'Almeida Agent: Bradley D. Miller, Miller Land Planning Inc. Location: Area extending from the south side of E. Ocean Avenue to the alley south of SE 1St Avenue, bounded by the FEC Railway on the east and SE 3rd Street on the west (Exhibit "A") Existing Land Use/ Zoning: Local Retail Commercial (L )/ C-2 Neighborhood Commercial Proposed Land Use/ Zoning: Mixed Use Medium (MXM)/ MU-2 Mixed Use 2 with the maximum density of 40 dwelling units/acre Acreage: 1.764 acres Page 441 of 544 Page 2 The Wages at East Ocean Avenue-South LUAR 17-002 Adjacent Uses: North: Right-of-way for Ocean Avenue; farther north, proposed Villages of East Ocean Avenue North with Mixed Use High future land use and Mixed Use Core zoning (currently, developed residential and commercial properties and vacant land, classified Local Retail Commercial (LRC) future land use and zoned C-3 Community Commercial); South: Alley (previously abandoned); farther south a developed single-family home, classified Low Density Residential (LDR) and zoned R1-A, Single Family Residential; East: Right-of-way for FEC Railroad; further east, developed commercial properties, classified Mixed Use High (MXH) future land use and zoned CBD Central Business District; and West: Right-of-way for NE 3rd Street, and farther west, developed single-and multifamily properties classified Local Retail Commercial (LRC), High and Low Density Residential (HDR and LDR)) and zoned R-3 Multifamily and R-1A Single Family Residential. BACKGROUND The proposed Villages of East Ocean Avenue is a mixed use development on 5.14 acres which extend between the FEC Railroad to the east and 3rd Street on the west, with Ocean Avenue teeing a dividing line between the project's North and South components. The North component covers the area north of Ocean Avenue to Boynton Beach Boulevard, while the South part of the development extends from Ocean Avenue to the alley south of SE 1st Avenue. The land use amendments, rezonings and site plans for the North and South sections are processed concurrently (see the respective staff reports). The proposed development is located within the Community Redevelopment Area and carries three transportation-related designations: the Downtown Transit-Oriented Development (DTOD) District, Transportation Concurrency Exception Area (TCEA) and Coastal Residential Exception. The DTOD district covers a one-half mile radius around the station of the planned Tri-Rail Coastal Link commuter service on the FEC Rail line, to be located just south of Boynton Beach Boulevard,The district's regulations support increased intensity of development through a 25% density bonus. The TCEA, in addition to the Coastal Residential Exception applicable east of 1-95, exempts all projects within a predetermined threshold from the Palm Beach County traffic concurrency ordinance, further supporting redevelopment in the City's downtown and surrounding neighborhoods. 2 Page 442 of 544 Page 3 The Vilages at East Ocean Avenue-South LUAR 17-002 The subject request pertains to the South section of the Villages project. The property consist of 7 parcels, currently developed with commercial and single family uses (the latter nonconfroming under the commercial C-2 zoning). This section is proposed to be redeveloped under the Mixed Use Medium (MXM) future land use category and Mixed Use 2 zoning. The project's proposed density is appoximately 20 dwelling units per acre, one-half of the maximum base permitted density under the MU-2 district. REVIEW BASED ON CRITERIA The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article 11, Section 2.13 and Section 2.D.3: a. Demonstration of Need A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The need for the requested Future Land Use Map amendment (FLU )/rezoning of the subject site is closely aligned with the City's long standing vision and desire to expand housing in and around the downtown to foster pedestrian activity needed for creation of a vibrant city center. The City has supported this vision by allowing the highest residential densities in the area; more so in recent years, as the plan for a new Tri-Rail Coastal Link commuter service with a downtown station provided a heightened rationale for intensification of future redevelopment in proximate locations. The increased development intensity and related regulations for the Downtown Transit-Oriented Development (DTOD) District, - established in 2014, are consistent with recommendations of the Florida Department of Transportation ( OT), included the department's 2012 Florida TO D Guidebook. The proposed project is adjacent to the planned Coastal Link station. However, the FDOT model for the Boynton each DTOD District is a Community Center station with stipulated densities between 11 and 16 dwelling units per acre, much higher than 7.0 dwelling units per acre, the current gross density within the District. The proposed rezoning will bring the density closer to the number at which planned commuter service can operate efficiently. In addition, the subject request reflects an ongoing high market demand for rental housing. Within its 35-unit residential component, the South section of the Villages would offer different type of units, including live/work, lofts and townhomes. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the 3 Page 443 of 544 Page 4 The Vilages at East Ocean Avenue-South LUAR 17-002 applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Consistency with the Comprehensive Plan and Redevelopment Plan The proposed future land use amendment and rezoning are consistent with several applicable policies of the Comprehensive Plan, such as: Policy 1.18.1 The City shall implement the Transit-Oriented Development (TOD) approach, as described in the 2012 Florida Department of Transportation's TOD Guidebook, to manage future growth within a Y2 mile radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor, which is the anticipated location of the Downtown Boynton Beach Station for the planned commuter Tri-Rail Coastal Link service on the FEC Corridor. This area will be referred as the Downtown TOD District hereforth. The inner X-mile core of this District shall be designed to accommodate the greatest density and intensity of development. Policy 1.18.2 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. The request, if approved, would implement the FLU of Mixed Use Medium proposed for the area by the 2016 CRA Community Redevelopment Plan. Consistency with Land Development Re-gulations (LDR) The application for the master/site plan complies with the recommendations of the CRA Plan. The development regulations for the requested Mixed Use 2 (MU-2) zoning district are subject of the code review under concurrent consideration. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. These actions aim to continue implementation of changes that would result in more 4 Page 444 of 544 Page 5 The Vilages at East Ocean Avenue-South LUAR 17-002 desirable and sustainable c irowth for the c nits in an area that abuts a railroad corridor and consists of underutilized commercial property and old storage bays that are non-conforming by current zoning regulations. For lands in or near the City's downtown, the CRA Plan recommends significantly more intense development and higher residential density — particularly within the Downtown Transit Oriented Development District, which already allows for an additional 25% density bonus over all zoning districts with the permitted density beginning at 20 dwelling units per acre. Denser development is needed to sustain the level of activity necessary for a lively downtown and success of the planned Coastal Link commuter service. d. Sustainabifflit y. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses, 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. See the response to criterion "c" above. The proposed amend ment/rezoning constitutes a major contribution to sustainable, high density redevelopment integrating a mix of land uses in the City's downtown area within the DT OD District. The project would follow the recommendations of the CRA Plan, which consistently incorporates sustainability features in all aspects of redevelopment, including intensity, urban design and connectivity. (See the master/site plan report under concurrent consideration.) e. AvailabilitX Public Services /I rastructure. All requests for Future Land Use of nf Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Solid Waste. The Palm each County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Trak. The property is under the Coastal Residential exception and TCEA designations and is therefore exempted from the concurrency requirements of the Palm each County Traffic Performance Standards Ordinance. The monitoring of the maximum allowable residential uses and square footage of commercial, industrial and other non- residential uses as well as applicable use ratios under the TCEA Planned 2025 Land Use Table indicate that the current (cumulative) numbers remain significantly off the allowable thresholds. 5 Page 445 of 544 Page 6 The Vilages at East Ocean Avenue-South LUAR 17-002 Schools. The School Capacity Availability Determination application will be submitted with a site plan/master plan package. f. Compatibility The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. As already discussed in response to criteria "c" and "d," the proposed FLUM and rezoning follows the recommendations of the CRA Plan for the area, and thus will be compatible with the future use of the surrounding properties. The Plan's vision is to transform the area into a high intensity, walkable, bustling urban environment, with a further impetus to be provided by the planned Costal Link commuter service. The FLU recommendation for the remaining portion of the Cultural District is the Mixed Use Medium with a maximum density of 50 dwelling units per acre (see Exhibit "D"). Property values in the area are expected to rise significantly as the implementation of the CRA Plan continues with the proposed FLU amendment/rezoning and the planned redevelopment of the civic campus into a mixed use Town Square project. The scale of the proposed action will transform the neighborhood while answering the City's need to create a vibrant downtown. , g. Direct Economic Development Benefits. For rezoningIFLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would. (1) Further implementation of the Economic Development(ED) Program; (2) Contribute to the enhancement and diversification of the City's tax base; (3) Respond to the current market demand or community needs or provide services or retail choices not locally available; (4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage; (5) Represent innovative methodsltechnologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blighffeconomic obsolescence of the subject area. 6 Page 446 of 544 Page 7 The Vilages at East Ocean Avenue-South LUAR 17-002 The proposed project would be yet another major catalyst and synergy contributor in support of a successful, lively downtown ("gl" and "g6"), bringing more development to the area and attracting more residents and visitors to the City. As already noted in this report, the request reflect the ongoing economic recovery and the current market demand, adhering to criterion "gY, and would, if approved, effect a significant enhancement of the City's tax base (criterion "g2"). Direct impact on job generation would be negligible, with indirect (multiplier) effects having a more significant potential through increased demand for retail and restaurant uses. h. Commercial and Industrial Land SY I y, The review shall consider whether the RP proposed rezoningIFLUM amendment would reduce the amount of land available for commerciallindustrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, andlor location of the property makes it unsuitable for commerciallindustrial development, or (2) The proposed rezoningIFLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above; and (3) The proposed rezoningIFLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation andlor rezoning. Even though the proposed land use amendment/ rezoning would replace the current commercial zoning with a mixed use zoning, the latter allows considerably more intense commercial development. Moreover, high density residential development permitted under the new districts would increase population and thus the demand for commercial uses downtown and in the surrounding neighborhoods. i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. As explained earlier in this report, the proposed FLU M amendment and rezoning constitute implementation of the CRA Plan recommendation for the subject site. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article ///and the site development standards of Chapter 4. For the master plan/site plan review, see the corresponding staff report. The application for the master/site plan complies with the recommendations of the CRA Plan. The development regulations for the requested Mixed Use 2 (MU-C) zoning district are subject of the code review under concurrent consideration. 7 Page 447 of 544 Page 8 The Wages at East Ocean Avenue-South LUAR 17-002 CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed FLU M amendment and rezoning and determined that it constitutes the implementation of the CRA Community Redevelopment Plan and the policies of the Comprehensive Plan. Therefore, staff recommends approvals of the subject requests. S-.\Planning\SHARED\WP\PROJECTS\Villages at East Ocean\Villages LUARs\Villages South LUAR 17-003\LUAR 17-003 Villages South Staff Report.doc 8 Page 448 of 544 EXHIBIT A LOCATION MAP Hill 4t °af „ k fYEIBo ntOn 'Beach irr 4z,�a, ,Y }sfl r,,rt :ti -..t �.. £ £i£,,,.m ,i 1 { ,1� i�, ,Yr{ .,, ,,Cs s Jii£J,1}s<• i c� 'r4�YY{ t �£ ¢ frt i a , , Y SNE 1stAve r; Y W1 w _ r E ,Oceanl4vesti� w r W f� £ le tsV(ltr,p.. "IS - NAY Ya -;t y � l ,r z6 k 7h Fi f 2n '�� II',f is V End d Ave r ;2 ve Page 449 of 544 EXHIBIT B VILLAGES AT OCEAN AVENUE (LUAR 17-002/003): FLU E Bo nton Beach BIV d c r- W r i r, 2 Legend LOW DENSITY RESIDENTIAL(LDR), 7.5 D.U./Acre LOCAL RETAIL COMMERCIAL(LRC) MEDIUM DENSITY RESIDENTIAL (MEDR), 11 D.U./Acre MIXED USE MEDIUM (MXM), 50 D.U./Acre BE HIGH DENSITY RESIDENTIAL(HDR),15 D.U./Acre MIXED USE HIGH (MXH), P.- W/4tdPof 544 EXHIBIT C VILLAGES AT OCEAN AVENUE (LUAR 17-002/003): ZONING lad I�f'� 14il�4 a a 4 SI E Bo nton Beach Blv o � i f r 1 Y I; Q WW� i a 2 F. Legend: Zoning Districts C3 Community Commercial R1A Single Family CBD Central Business District R3 Multi Family MU-2 Mixed Use 2 0 C2 Neighborhood Commercial MU-C Mixed Use Core Page 451 of 544 Exhibit D CRA PLAN'S FLU RECOMMENDATIONS M N E 3rd 14ve W _ _ _................ (f, S M' ,M —E-Boynton-Beach Blvd NORTH PARCEL , NE 1st_Ave MF 'M W E an- ZIM------- SOUTH PARCEL SE1 st_Ave� MH W 9e SE 2nd Ave LEGEND Boundaries of Villages Project, North and South Q Boundary of Cultural District Boundary of Boynton Beach Boulevard District Mixed Use Medium (MXM) Future Land Use Mixed Use High (MXH) Future Land Use 20 e 4 f 144 9.G. PUBLIC HEARING 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: Approve The Village at East Ocean Avenue- South Major Site Plan Modification (MSPM 17-004) for a mixed-use development consisting of 35 dwelling units, commercial space, and associated recreational amenities and parking on a 1.764 acre site. Applicant: Arthur D'Almeida (Should be tabled to September 19, 2017 to correspond with 2nd reading of the Land Use Amendment application.) EXPLANATION OF REQUEST: The Villages at East Ocean Avenue is a proposed mixed use development on 5.14 acres split into two different master plans with Ocean Avenue being the dividing line—the south portion extends from the Ocean Avenue to the alley south of SE 1st Avenue, while the north part covers the area from Ocean Avenue to Boynton Beach Boulevard. Mr. Bradley Miller, agent for the owner, is requesting approval of several concurrent applications for the development of The Villages at East Ocean Avenue project. (See the respective staff reports). The requests include two (2) Future Land Use Map Amendments and Rezonings, two (2) Major Site Plan Modifications, and a series of Right-Of-Way Abandonments. This request is for a Major Site Plan Modification for the south parcel for approval to construct a mixed-use development consisting of 35 multi-family residential units, 3,500 square feet of commercial space and corresponding parking. The Planning & Development Board reviewed this item on August 22, 2017 and conditions of approval are attached. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: If approved and developed, the project would increase application and processing revenues and ultimately, the City's tax base. ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Page 453 of 544 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Exhibit A® Location Map D Drawings Exhibit B ® Project Plans D Conditions of Approval Exhibit C ® Conditions of Approval D Development Order Development Order Page 454 of 544 DEVELOPMENT T PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-044 STAFF REPORT TO: Chair and Members Planning and Developm Board THRU: Michael W. Rumpf � - Director of Planning and Zoning FROM: Amanda Bassiely Senior Planner— U an Designer DATE: August 11, 2017 PROJECT NAME: The Villages at East Ocean Avenue -South (MSPM 17-004) REQUEST: Major Site Plan Modification approval for a mixed-use development consisting of 35 dwelling units, commercial space; and associated recreational amenities and parking on a 1.764 acre site. PROJECT DESCRIPTION Property Owner: 206 Boynton LLC, Boynton Beach Property Holdings LLC, 416 Boynton LLC, 422 Boynton LLC, First Avenue Boynton LLC, East Ocean Avenue LLC Applicant: Arthur B. D'Almeida, Managing Member Agent: Bradley D. Miller, Miller Land Planning Location: South side of Ocean Avenue to the alley south of SE 1st Avenue between the F.E.C. Railroad and SE 3rd Street (see Exhibit "A" - Site Location Map). Existing Land Use: LRC (Local Retail Commercial) Proposed Land Use: MXM (Mixed Use Medium) Existing Zoning: C-2 (Neighborhood Commercial) Proposed Zoning: MU-2 (Mixed Use 2) Proposed Use: 35 dwelling units, 3,500 square feet of commercial space, and associated recreational amenities and parking on a 1.764 acre site. Acreage: 1.764 acres Page 455 of 544 The Villages at East Ocean Avuene Staff Report(MSPM 17-004) Memorandum No PZ 17-044 Page 2 Adjacent Uses: North: Right-of-way for Ocean Avenue and farther north is a proposed mixed use development of the Villages at East Ocean Avenue (north parcel) which is proposed to have a Land Use classification of Mixed Uses High (MXH) and a zoning designation of MU-C (Mixed Use Core); South: Developed single-family properties with a Land Use classification of Low Density Residential (LDR)and zoned R1 (Single Family); East: Right-of-way for the Florida East Coast Railroad and NE 4I' Street and father east are developed commerical properties with a Land Use classification of Mixed Use (MX) and a zoning designation of CBD (Central Business District); and West: Right-of-way for NE 3rd Street and farther west are developed multi- family properties zoned R-3 (Multi-Family) PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: The Villages of East Ocean Avenue is a proposed mixed use development on 5.14 acres split into two different master plans with Ocean Avenue being the dividing line—the south portion extends from the Ocean Avenue to the alley south of SE 1st Avenue, while the north part covers the area from Ocean Avenue to Boynton Beach Boulevard. Mr. Bradley Miller, agent for the owner, is requesting approval of several concurrent applications for the development of The Villages at East Ocean Avenue project. (See the respective staff reports).The requests include two (2) Future Land Use Amendments and Rezonings, two (2) Major Site Plan Modifications, and a series of Right-Of-Way Abandonments. This request is for a Major Site Plan Modification for the south parcel for approval to construct a mixed-use development consisting of 35 multi-family residential units, 3,500 square feet of commercial space and a supporting parking. 2 Page 456 of 544 The Villages at East Ocean Avuene Staff Report(MSPM 17-004) Memorandum No PZ 17-044 Page 3 ANALYSIS Traffic: A traffic study was sent to the Palm Beach County Traffic Division for review. The project is located within the boundaries of the City of Boynton Beach TCEA(Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards. The entire project(both the north and south parecels)generate 1,635 new daily trips with 192 AM peak trips and 130 PM peak trips. School: The School District of Palm Beach County has confirmed that area schools have adequate capacity to accommodate the potential public school students who will reside in the proposed dwelling units with their families. Utilities: The City's water capacity, as increased through the purchase of up to five(5) million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water demand for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. The applicant will be making several upgrades to utility lines in the vicinity of the project as part of the site development. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Access: The property has two vehicular access points on SE 3rd Street. Both access points lead directly into the parking areas which serve the residential units. Sidewalks are provided along the street rights-of-way. The sidewalks proposed are a minimum of eight (8)feet in width and are lined with street trees for shade.The sidewalks along Ocean Avenue abut an active area that may be used for outdoor dinning for commercial uses. There is a central plaza located on the Ocean Avenue frontage to encourage pedestrian interaction. The development also proposes two green areas, one in the center of the parking area, which may be used as a dog park and a second adjacent to the historical structure at the southern end of the project. Parking: Off-street parking for the MU-2 zoning district requires 1.5 parking spaces for one-bedroom units and two parking spaces for two (2) or more bedroom units. The project proposes 35 units (a mixture of studio, loft, one and two 3 Page 457 of 544 The Villages at East Ocean Avuene Staff Report(MSPM 17-004) Memorandum No PZ 17-044 Page 4 bedroom units), which would require 54 parking spaces. Additionally, the code requires the provision of guest parking ata rate of 0.15 spaces per unit, which adds another 6 required parking spaces to the total. The commercial space,which would allow a mix of retail, office and restaurant uses, requires one (1) parking space per 200 square feet of gross floor area. The site plan proposes 3,500 square feet of retail, thereby requiring an additional 18 parking spaces. The existing historic structure has not been assigned a use and does not seem to be accounted for in the parking calculations. Staff requests this deficiency, if one exists, be rectified(See Exhibit C—Conditions of Approval). The site plan contains 88 required parking spaces. Regular parking space dimensions would conform to code requirements for the CRA of 9 feet by 18 feet for 90 degree parking and 9 feet by 25 feet for parallel spaces. The four (4) handicap spaces would be dimensioned 12 feet wide by 18 feet long. The applicant is proposing a surface parking lot that is located behind the residential units. The parking area is completely screened from both SE 3rd Street and Ocean Avenue. The parking lot would accommodate up to 61 vehicles. The developer will be required to comply with the City's residential parking requirements to ensure that the designated resident parking spaces are reserved for, and made available to the residents so there is no reason for residents to utilize guest and retail parking spaces. There are an additional 17 on-street parking spaces; six(6)on Ocean Avenue and eleven (11) on SE Sd Street. Lastly, the 5 townhomes each have a two-car garage (totaling 10 parking spaces). Landscaping: The Plant List(Sheets L3&L4)indicates that the project would add a total of 49 canopy trees, 26 palm trees, 952 accent and shrub specimens, and 4,760 small shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or"medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species include the following: Cathedral Live Oak, Crape Myrtle,Green Buttonwoon, Sabel Palms, Silver Date Palms, and along with a variety of other tree types. The CRA Plan recommends the Ocean Avenue streetscape include reduced building setbacks and encourage building placement abutting the street,thus creating an urban setting. The concept creates a landscape design that encompasses both the private and public domain,to blend the two areas into one unified landscape scheme to optimize the pedestrian experience.This is accomplished through hardscape and landscape choices,covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches/seatwalls, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees and covered arcades to create the streetscape theme,with the lower landscape material placed at points along the building foundation and between the street and sidewalk, in an effort to maximize clear pedestrian pathways. 4 Page 458 of 544 The Villages at East Ocean Avuene Staff Report(MSPM 17-004) Memorandum No PZ 17-044 Page 5 Building and Site: The proposed site area totals 1.764 acres. The dwelling units are located above the retail spaces fronting Ocean Avenue and along SE 3`d Street. The retail portion of the project totals 3,500 square feet and fronts the main roadways and the public plaza. The parking area, as noted previously, has 61 parking spaces, with dedicated resident parking. Of the 35 residential units, nine (9)are studios, six(6)are one(1)bedroom, four(4)are livework units, eleven (11)are two (2)bedroom, and five(5)are (3)bedroom units.The units range in size from a 954 square foot to a 3,044 square foot. Relative to the floor area ratio (FAR) regulations within the code, the Mixed Use 2 (MU-2) zoning district has a maximum FAR of 2.0 (0.91 FAR proposed). The project is also located within the "Transit Core" (1/4 mile radius of the station),which requires that new development have a minimum density of 20 dwelling units per acre (20 du/ac are proposed). Building Height: Overall, the building design has the most intensity along the frontage of Boynton Beach Boulevard, decreasing in intensity as the project approaches Ocean Avenue. The maximum building height allowed in the MU-2 (Mixed Use-2)zoning district is 65 feet. The proposed building elevations depict the typical roof deck height of aproximaity fifty-four (54) feet; with an overal height of approximately sixty-four (64) feet. Along Ocean Avenue, the building height is reduced in hieght to approximately thirty-five feet(36), per the CRA plan. Setbacks: The MU-2 zoning district requires no building setbacks, but rather a zero(0) build-to line. However,the CRA plan recommends the building be setback to allow for an enhanced public realm that includes street trees, sidewalks, plazas, and active areas such as outdoor seating for retail uses.The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along Ocean Avenue and SE 3rd Street the building has a setback of approximately 16 feet and approximately 18 feet along the FEC right-of-way. Amenities: As noted above, there is a central plaza loacted on the Ocean Avenue frontage to encourage pedestrian interaction. The development also proposes two green areas, one in the center of the parking area,which may be used as a dog park and a second adjacent to historical structure at the southern end of the project. Design: The intended architectural style for the project is"Coastal Village",which is a variation of Florida Vernacular Architecture.This architectural style fosters a sense of place and identity for the district. The Coastal Village architectural style blends tropical motifs such as climate-sensitive roof forms with contemporary design elements such as vertical orientation, sparsely used ornamentation,vertically-oriented windows,and materials such as concrete and steel structural frames, standing seam metal roofs and use of colors. The project materials and finishes are consistent with this architectural style. 5 Page 459 of 544 The Villages at East Ocean Avuene Staff Report(MSPM 17-004) Memorandum No PZ 17-044 Page 6 The mixed-use projects are designed to create a pedestrian-friendly environment by placing the buildings along pedestrian zones and articulating the building mass avoiding a repetitive, continuous, monotonous building block. The building mass fronting SE 3rd Street on both the north and south parcels is articulated and scaled down as one moves from north to south. This approach maintains the highest building mass and density closer to Boynton beach Boulevard and a lower scale on both sides of Ocean Avenue, terminating with a small townhouse building at the south end. The buildings facing Boynton Beach Boulevard are stepped back ten feet at a height of 45 feet in order to move the mass of the building farther from the pedestrian environment. Lighting: The photometric plans (Sheets PH-1 & PH-2) include 33 freestanding pole light fixtures, with pole height ranging from 12 feet to a maximim of 15 feet. The poles are designed to match the poles and lightfixture already approved along the Casa Costa, 500 Ocean and Boynton Promenade projects. The poles and fixtures would be constructed of cast aluminum, black in color and the light fixtures would have a flat lens to ensure the on-site illumination would not"spill over"onto adjacent properties and rights-of-way as required by code. There are no spot readings in excess of the maximum 5.9 foot- candies allowed. Signage: Locations have been identified to ensure proper wayfinding for public parking. Site and building signage have not been finalized and a Sign Program must be approved for the site prior to requesting any sign permits for the site (see Exhibit"C"— Conditions of Approval). Public The project is subject to the Art in Public Places requirement, and the applicant has been in discussions with the Public Arts Administrator regarding the art and its placement. The project proposes Public Art throughout the site including utilizing the building walls,site fountains, public courtyards and walkways. RECOMMg—NDATION Staff has reviewed this request for a Major Site Plan Modification and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "C — 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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B a - / Ir —— ______� _._ z o Y �II N Ee 'N B�6 € 9 $ N ➢%e F �-�P mP P � y' �a zd �°ot��emam��a9S°�3 { 4 ➢ � r m lll'iTITITa4.IIIIITIdJ -.:. I— II a PV 5 s � s s F un xdU s .xd ad s �� R e mx: LL U 3? P @¢ -0 ro U aCO EN cr-cd � $tfl F- C o I I I I I I I I i t I }1 + I I A� I � I L j iG A I I , v t. ___ i I i ISI iJ ,vi i I , I LL i I ' i II 3 0 j1: Q � W U`n U NwN r� E EXHIBIT "C" Conditions of Approval Project Name: Villages at East Ocean (South) File number: MSPM 17-004 Reference: 4th review of plans identified as a Maior Site Plan Modification with a July 14, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: 1. Full drainage plans, including drainage calculations, in accordance X with the 2010 LDR, Chapter 4, Article VIII, Section 3.G. will be required at the time of permitting. 2. Please coordinate with Stormwater Utilities to ensure modeling of X the stormwater discharge to the ultimate outfall. 3. Prior to permit application, please contact the Public Works X Department (561-742-6200) regarding the removal of refuse during the construction phase per the CODE, Section 10-26 (a). 4. The CODE, Section 26-34(A) mandates the payment of water X and/or sewer capital facilities charges when a project is to receive services from the city's systems, and as an option, a capacity reservation fee may be obtained at an additional cost and will only be valid for a period of one (1) year after the fee has been paid. Capacity reservation fees shall be paid upon the request for the Utilities Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. All fees will be determined based on the final meter size(s), or expected demand. 5. The existing drainage to remain within the project limits and along X the project frontage shall be Tele-inspected before and after construction. Prior to the post construction tele-inspection, the same lines shall be cleaned. 6. Profile sections shall be required along each property line. This X comment can be addressed in the Land Development submittal. 7. Provide an Addressing Plan, prior to permit issuance. X 1 Page 468 of 544 Villages at East Ocean (South) MSPM 17-004 3rd Review Comments Page 2 of 4 DEPARTMENTS INCLUDE REJECT 8. Provide irrigation plans with the landscape plan, prior to permit X issuance. 9. Applicant shall work with the Utility Department to determine the X project wastewater flow discharge, which will be entered into the City's hydraulic model to determine if a lift station is required. 10. Please address storm water treatment for first inch of rainfall, as X well as conception detail and conveyance. Please note SFWMD requirements may be more restrictive. Calculations for exfiltration shall be submitted at time of permitting. 11. The attendance at a mandatory Pre-Construction Conference is X required prior to the start of any utilities work on site. FIRE Comments: None. All previous comments addressed at DART Meeting. POLICE Comments: None. All previous comments addressed at DART Meeting. BUILDING DIVISION Comments: Building comments will be addressed at time of permitting. PARKS AND RECREATION Comments: 12. Per City Ordinance, the Park Impact Fee for the South Parcel is X $22,225 (30 apartments X$595 + 5 townhomes X $875). 2 Page 469 of 544 Villages at East Ocean (South) MSPM 17-004 3rd Review Comments Page 3 of 4 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 13. Sheet AS1.10 data is incomplete. Please add FAR calculations X and revise parking calculations to accurately reflect the plan. 14. Please provide calculations and dimensions of ground floor X building facades which indicate that 50% (all mixed use buildings) and 30% (for all residential buildings) of the area is occupied by transparent windows or door openings. 15. Please provide details of any proposed building signs. A Sign X Program will be required for the project. No sign permits will be issued until the program is approved. 16. Any approvals are subject to the approval of the associated right- X of-way abandonment applications. 17. Revise elevations to consistently match the submitted color chip, X "Adventure Orange". 18. Existing historic structure on the property does not seem to have X an assigned use or associated parking. Please mark the plans and include the tabular date to ensure parking is provided. 19. Provide square footages by use on the plan to ensure parking X tabular data is accounting for all proposed areas. HISTORIC PRESERVATION Comments: None. COMMUNITY REDEVELOPMENT AGENCY Comments: 3 Page 470 of 544 Villages at East Ocean (South) MSPM 17-004 3rd Review Comments Page 4 of 4 DEPARTMENTS INCLUDE REJECT 20. Clearly identify the location of the required parking spaces X associated with the proposed retail/restaurant and guests. Sheets AS 1.10 parking table, AS 1.11 and A1.01. 21. Overhead utilities must be undergrounded. An easement may X need to be retained in order to continue the undergrounding of utilities along 3rd Street to continue south of Ocean Ave. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Villages at East Ocean\Villages South(MSPM 17-004)\StaffReport\ExhibitC COA.doc 4 Page 471 of 544 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Villages at East Ocean- South (MSPM17-004) APPLICANT: Arthur B. D'Almeida APPLICANT'S ADDRESS: 105 East Palmetto Park Road, Boca Raton, FL, 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 19, 2017 APPROVAL SOUGHT: Major Site Plan Modification approval for a mixed-use development consisting of 35 dwelling units, commercial space, and associated recreational amenities and parking on a 1.764 acre site. LOCATION OF PROPERTY: South side of Ocean Avenue to the alley south of SE 1st Avenue between the F.E.C. Railroad and SE 3rd Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WRPROJECTS\Villages at East Ocean\Villages South(MSPM 17-004)\StaffReport\MSPM17-004_DO.doc Page 472 of 544 14.A. FUTURE AGENDA ITEMS 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: City Commission's ratification of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2017-2018. - September 19, 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: Page 473 of 544 14.B. FUTURE AGENDA ITEMS 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: Conduct Second Public Budget Hearing for FY 2017/2018 Final Millage and Annual Operating Budget- September 19, 2017 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The annual budget provides appropriations to provide City services. FISCAL IMPACT: Budgeted Adoption of the millage rate and budget allows for appropriations to provide City services. ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 474 of 544 14.C. FUTURE AGENDA ITEMS 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: Discussion relating to the future of the Building Board of Adjustment and Appeals- October 3, 2017 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: Page 475 of 544 14.D. FUTURE AGENDA ITEMS 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: Discussion of number of boards people are allowed to serve on at one time, attendance policies, eligibility rules and qualification of members for all boards- October 3, 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: Page 476 of 544 14.E. FUTURE AGENDA ITEMS 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: Staff to review and report concerning Florida Te)dile Recycling, LLC. FTR, LLC which 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 Page 477 of 544 r R (ft -o -o a) (L) c t w c t c 0- U) a) by O +� ` t t d -O ca -0ti O O U 0 o � U <n `o -a d o cn d m .S E N S U m c 11t tst\�t 3 > o J c > Q a o +� •� a> -0 O ca O L c cG cc C (b -' CO C 7 L co m -o c a 3 °�° m c �n o = � cat > c 6 ado o 5 ca a� (v •o v c" o E a, t 'c 'za ?ca- c •d �, a> >, •� Q Y C CO O T co ate--+ C aT+ >, O E C -0 >, d N L E U J > c T b0.a t ;"'K i I st a� E o n E c a-a-' d ++ E c c t ;� c a cu >' n v m o a5 c c C) m O O c O C U _0 ! n v x +`+ o o c �' +� m o c t w c C=,) cn O '> a� E +� � o i w O 3 ozs LE pCO _ d o bn a� .� n ELa —aNi ca a o v cn c a ' E 7 — bA V C U � > N lu E a) O O_ J O EE N f' �"ar •C�,t E t cC i o_ E O_ cn O T O d OO U m 7 N a) O aJ N _ — — Q N d N u — x I, N C (n L aJ Cl C a) U — U td td O — O LJ `C Ul) « O — — C N U J � c _ _ 7 m O O O L -6 a'' O aJ 4 I, a v > c + Y w p t �n a) cn E -o f t r O y O � O_ td cC _ aJ O C id bn E ua T U +-+ +-+ Q U U }' a) a) ++ o t! s2 c 0 ou — i 0 E o � e Q�'` S � E c a) � m O t •� t a� t =o r- =o on 'c m tId -'o 'E E n t c +� 0 E E fl t +� C o 4„ "6 cn '6 a' Q a t o c '5<- C_) U cTi o a� 6 o E o U c o c}n a c a cn 1, w 2 :c 2 > > a E +� a) tt i t -0 +� an o aa' an O p c a✓ O aEo t �lttvn, k _ o- X o c� c C o ocz m s4 s U ' E a) t o O c t Q an o c an a� bA o w +� G4 >, E o o +' o LL o Q a' o f .i c +� o co G c a' �' U E *' m L C °> > o o N O c cu 3 C ami E w cn.E •w m O c t 6 w c �.- .O c -e a� Eo E .c c :�, FT 0 �, o V ami o o E cco c m c C C N Q ; a) .— cC L a) c c Q T�cn a) Jn L cn yr c CO E � 7 -O a) 1) tt A c- c o T+� a� c a� c n E w C D t , cz '� cn Q 2 m a> E - o cu E -0 a)co 1 0 a) -o '� O cn o - m E cO « a� O c E '� c o n O cn co O v >2 c,+� a> m cin 0 -0 Q o o o co (an) " t c t E5 o , m c U w m m e a� cn c o +� c aci - a, = E - E c t an a� E Q� t ami E fl a> -o O O U c c m x(. o co +� ,., E U c c (G +� a) w a> c C N 1 r� ca o a� X O c +� O c t t .E +� ) cc sn O o +� (J o c n +� a) U o O +� c +� > +� o co c T > m c (n U a� an a� = E co C, o t c a' m U a� a o U v E c c co a� a> c m e k 1 c w +� c o U c o v +� a� vi U a) ' m c c E E E U o U -0 — o > a) cL cL -0 c -0 ! a) o °> 2 a� co cn -0C c o Q.c cz CZ C a� O c p -0 -O j tti d N 00 O �1 OL d O a) E LL O : O L a V o cu m O E o FT w c—� an. U E c I II III III „F i qtr �£� r � A�; � • � I !af - <<<r� rrrrrrrrr rrrrrrrrr rrrrrrrrr rrrrrrrrr �rrrrrrrrr<« -- � WE, }t 1�r11�`ii.( \ rri,tss t 1V � fi' si 11} ,lav y% i� ftI WEt rtfrt ssn t ; ' ,f(((�i _ t ®®//JL3 r z , v a sasses t r c t \ i) tt{il tlj�s¢s icy,'. ��"-a ��ti�fi��S��(1 qtr✓(4i t�i{'�tyi13�i tty�i�E i)a}ii>)�?i � -_'z_ � I .. 1�-i � \\\\\\\\\\\\\\\\1i11111111111111111111111111111111111111111111111111111111111'` u ii i� 0 „y t rt �� •� •, �.kaaaaaaa �Jt� 1'F 9k'' ��\�\\\�m� 11,�1� l 3 t ' F .. � s. ..f i-� tssss ssss. ssss. rssssssst 14.F. FUTURE AGENDA ITEMS 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: Staff to research possibility of allowing dogs at the beach during certain hours and bring back to Commission - 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: Page 480 of 544 14.G. FUTURE AGENDA ITEMS 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: The Mayor has requested to discuss the possibility of a resolution by the City in support of development of a boat lift at the C51 canal. - October 3, 2017 EXPLANATION OF REQUEST: The Board of Directors of the PBC League of Cities passed Resolution 2016-01 on January 27, 2016 supporting and encouraging development of the chain of lakes blueway trail project(see attached) 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 481 of 544 14.H. FUTURE AGENDA ITEMS 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-020 - SECOND READING -AMEND THE LAND DEVELOPMENT REGULATIONS, Chapter 1, Article 11. Definitions and Article V, Section 2, Workforce Housing Program, to convert the mandatory inclusionary zoning program to an incentivized program emphasizing project density and building height. (Second Reading advertised for September 19, 2017) EXPLANATION OF REQUEST: On November 15, 2016, the City Commission suspended the Workforce Housing Program (WHP) for one (1) additional year to allow staff time to update the 2006 Housing Study Assessment and to develop recommended changes to the program. On April 19, 2017, a City Commission workshop was held to discuss the recommended changes by staff and to provide direction on how to amend the W HP. On June 6, 2017, staff presented draft amendments to the City Commission for discussion and feedback prior to commencement of the codification process. The proposed amendments to the Workforce Housing Program within Chapter 1 of the LDR are indicated in Exhibit"A" (Article 11. "Definitions"), and Exhibits "B 1" and "132" (Article V. amendments to program details) in both strikethrough and clean-text versions, respectively. The most notable amendments are summarized below: • Conversion from mandatory to voluntary program. • Utilization of Downtown Transit-Oriented Development District (DTODD) 25% density bonus as incentive for workforce housing. • Addition of a height bonus as incentive for workforce housing in the Downtown Transit-Oriented Development District. • Adjustment to set-aside percentages to increase participation • Addition of an in-lieu fee option for rental projects. • Adjustment of in-lieu fees based on current market data. • Adjustment to duration of restrictive covenants for rental and for sale projects. The Planning and Development Board reviewed the subject amendments at their July 25, 2017 meeting and forwards the request with a recommendation of approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The proposed code amendment will provide flexibility in the workforce-housing program by encouraging participation through incentives and options that promote workforce housing based on current market data/trends. FISCAL IMPACT: Non-budgeted Future responsibility for, and funding of, ongoing monitoring and compliance. ALTERNATIVES: Page 482 of 544 Do not approve amendments to the work-force housing program and allow to remain in suspension. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance Amending Work-force Housing Program D Staff Report Staff Report D Exhibit Exhibit"A" ® Definitions D Exhibit Exhibit"B 1" - Work-force Housing Program—Strikethrough D Exhibit Exhibit"132" - Work-force Housing Program—Clean D Other Work-force Housing Program Presentation Page 483 of 544 I ORDINANCE NO. 17- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 4 AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1, 5 ARTICLE 11, "DEFINITIONS"; AMENDING CHAPTER 1, ARTICLE V. 6 "HOUSING INITIATIVES", SECTION 2, "WORKFORCE HOUSING 7 PROGRAMS" TO CONVERT THE MANDATORY INCLUSIONARY 8 ZONING PROGRAM TO AN INCENTIVIZED PROGRAM 9 EMPHASIZING PROJECT DENSITY AND BUILDING HEIGHT; 10 PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION 11 AND AN EFFECTIVE DATE. 12 13 WHEREAS, the Workforce Housing Program was adopted by the City Commission on 14 April 3, 2007; and 15 WHEREAS, on November 15, 2016 the City Commission approved the suspension of 16 the Workforce Housing Program for one additional year to allow staff time to update the 2006 17 Housing Study Assessment and to develop recommended changes to the program; and 18 WHEREAS, a City Commission workshop was held to discuss the recommended 19 changes by staff and to provide direction on how to amend the Workforce Housing Program; and 20 WHEREAS, staff presented draft amendments to the City Commission for discussion 21 and feedback prior to commencement of the codification process; and 22 WHEREAS, the City Commission has considered the recommendations and has 23 determined and finds that it is in the best interest of the citizens and residents of the City of 24 Boynton Beach, Florida to approve the amendments to the Land Development Regulations 25 Workforce Housing Program as contained herein. 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing whereas clauses are true and correct and are now ratified and 29 confirmed by the City Commission. - 1- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\7F9868E4-BFCA-4340-8963-A6DAFB91F97F\Boynton Beach.6360.1.Worktorce_Housing_Program_(2017)_-_0rdinance.docx Page 484 of 544 I Section 2. The Land Development Regulations of the City of Boynton Beach Code 2 of Ordinances, Chapter 1, Article II, Definitions is hereby amended as follows: 3 Chapter I, Article II, Definitions. 4 DEED RESTRICTION-Each workforce housing unit created under the program shall be deed 5 restricted for fifteen (15) years. The deed restriction shall be recorded and serve to restrict the 6 sales or rental price and/or the income of the purchaser or renter. 7 DEVELOPMENT - A single use or combination of uses, proposed or approved, that may 8 include but not be limited to a single-family subdivision, townhomes, rental apartments, 9 condominiums, public facilities, commercial buildings, shopping centers, or industrial projects, 10 possibly of similar design, constructed as a unified community. Development shall also include 11 the meaning given it in F.S. § 380.04, pursuant to a development order or permit 12 13 ELIGIBLE OCCUPANT - Relative to the workforce housing program contained in these 14 Regulations, it is a person who qualifies for participation in the program whose income does not 15 exceed one hundred twenty percent(120%) of median household income for the City of Boynton 16 Beach. Priority will be given to persons who have lived or worked within the city limits of 17 Boynton Beach continually for one (1) year immediately prior to the date of application for a 18 workforce housing unit. 19 20 LOW INCOME HOUSEHOLD -Under the workforce housing program provisions of these 21 regulations, it is a household with a gross, combined income below eighty percent(80%) of the 22 City of Boynton Beach median household income. 23 MEDIAN HOUSEHOLD INCOME (MHI) - Under the workforce housing program 24 provisions of these regulations, it is the City of Boynton Beach Median Household Income, as 25 determined by the most recent 5-year estimate of the U.S. Census Bureau American Community 26 Survey. 27 28 MODERATE INCOME HOUSEHOLD -Under the workforce housing program provisions 29 of these regulations, it is a household with a gross, combined income between eighty percent 30 (80%) and one hundred twenty percent(120%) of the City of Boynton Beach median household 31 income. 32 33 RESTRICTIVE COVENANT AND AGREEMENT - The covenants that govern the initial 34 sale and rental and subsequent resale and releasing of workforce housing units created under the 35 workforce housing program. The term of the restrictive covenant and agreement is fifteen (15) 36 years. 37 WORKFORCE HOUSING UNIT - A dwelling to be sold or leased to an individual or family 38 that is income qualified in which the rent or mortgage payments (including principal, interest, -2- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\7F9868E4-BFCA-4340-8963-A6DAFB91F97F\Boynton Beach.6360.1.Worktorce_Housing_Program_(2017)_-_0rdinance.docx Page 485 of 544 I taxes, insurance and homeowner association fees) does not exceed thirty percent (30%) of the 2 gross income of households that are classified as low or moderate income households. 3 4 Section 3. The Land Development Regulations of the City of Boynton Beach Code 5 of Ordinances, Chapter 1, Article V, Section 2, "Workforce Housing Program" is hereby 6 amended as follows: 7 ARTICLE V. HOUSING INITIATIVES 8 9 Sec. 2. Workforce Housing Program. 10 A. Findings. 11 1. Housing Shortage. The City Commission having conducted a Housing Assessment 12 Study (Attachment A) has determined that new home prices and rents are not affordable to the 13 everyday working families and citizens of the city; 14 2. Florida Statutes. F.S. § 166.04151 provides that a municipality may adopt and maintain 15 any ordinance that is adopted for the purpose of increasing the supply of workforce housing 16 using land use mechanisms not withstanding any other provision of law; 17 3. Housing Cost/Wage Gap. The City Commission recognizes that there is a growing gap 18 between housing costs and wages in the city; 19 4. Public Interest. The City of Boynton Beach has a legitimate public interest in 20 preserving the character and quality of neighborhoods which requires assuring the availability 21 of workforce housing for low and moderate income persons in the city; 22 5. Sense of Community. The city recognizes that the need to provide workforce housing 23 is critical to maintaining a diversified and sustainable city having the character and sense of 24 community where people can live and work in the same area; and 25 6. Housing Availability. The city is encouraging the production and availability of 26 workforce housing and at the same time is cognizant that escalating land costs and rapidly 27 diminishing amounts of land hinder the provision of sufficient workforce dwelling units by the 28 private sector. 29 B. Applicability. The program is voluntary. Developers who choose to participate may be 30 awarded incentives outlined further in this article. The following regulations shall apply only to 31 development applications for projects eligible for the Downtown Transit-Oriented 32 Development District's (DTOD's) density increase of twenty five percent(25%), with an 33 underlying land use and zoning category permitting the density in excess of fifteen (15) 34 dwelling units per acre. 35 36 3. Developments whose previous approval was consistent with Section 2.13.1. above. 37 -3- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\7F9868E4-BFCA-4340-8963-A6DAFB91F97F\Boynton Beach.6360.1.Worktorce_Housing_Program_(2017)_-_0rdinance.docx Page 486 of 544 I C. Provisions. The developer may elect to obtain higher density as part of the DTODD's 2 25% density bonus and/or a height bonus through the construction of the workforce units on- 3 site or off-site, monetary contribution, donation of land or purchase of units to be designated as 4 workforce, subject to the limits and requirements of this article. 5 I. Construction of workforce units on-site: 6 1. To be eligible for the requested higher density as part of the DTODD's (25%) density 7 bonus through the construction of workforce units on-site, the developer must incorporate such 8 units into the development as follows: 9 10 11 12 a. Projects using DTODD density bonus alone or in conjunction with the height bonus of 13 one (1) additional story (up to a maximum of 12 feet) shall designate ten percent(10%) of the 14 total proposed units as workforce housing units. 15 b. Projects with the Mixed Use Medium or Mixed Use High future land use classifications 16 may use the height bonus alone; such bonus can include two (2) additional stories (up to a 17 maximum of 24 feet) and shall only be granted to projects located in the Cultural or Boynton 18 Beach Boulevard district, designating twenty percent (20%) of the total proposed units as 19 workforce housing units. 20 21 22 c. Eligible land use classifications and zoning districts (Table 1-2). 23 Land Use Zoning M Classification Districts H Infill Planned Unit Development 11 du/acre (Il'UD) S Infill Planned Unit Development 20 du/acre Mixed Use Low MU-1 Mixed Use Medium MMU-2 and MU-3 8 Mixed Use High Mixed Use MU-4 and MU-Core 40 du/acre Mixed Use-Low Intensity 3 (MU-L3 24 -4- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\7F9868E4-BFCA-4340-8963-A6DAFB91F97F\Boynton Beach.6360.1.Worktorce_Housing_Program_(2017)_-_Ordinance.docx Page 487 of 544 1 2. Household (Income) Type. Twenty-five percent(25%) of the total required workforce 2 housing units shall be set aside for low income households. Seventy-five percent(75%) of the 3 total required workforce housing units shall be set aside for moderate income households. 4 3. Fractions. If the number of workforce housing units results in a fractional remainder 5 greater than one-half(0.50), the number shall be rounded up. If the required number of 6 workforce housing units results in a fractional number less than one-half(0.50), the number 7 shall be rounded down. 8 4. Number of Units. The workforce housing units provided shall have the same 9 percentage of unit types as market rate units within the development. The unit types include 10 the category of structure (single-family detached and attached, multifamily), for rent versus for 11 sale units, and the number of bedrooms. Relief from this provision may be granted if the 12 intended purpose is to address particular needs of the community, substantiated by the provided 13 data/analysis. 14 5. Staff Approval. At the time of application for land use amendment and rezoning, 15 the project must be reviewed and signed off by the Community Improvement Division of the 16 city as part of the site plan approval process for compliance with affordability guidelines and 17 number of units qualifying as workforce. 18 6. Site Plan. The site plan shall clearly identify the location of workforce housing 19 units. Additionally, tabular data must be included on the site plan showing the address or unit 20 number, total number of units, number of bedrooms of workforce housing units and the 21 targeted income levels. This shall be included with the market rate data. 22 7 Sale Restrictions. Workforce housing units shall, be regulated in terms of: 23 a. Initial sales price or rent levels; and 24 b. Subsequent resale prices or leasing rates. 25 c. If compliance with a land development standard would preclude construction of a 26 residential or mixed use development in which workforce housing units are included, pursuant 27 to this chapter, the applicant may submit a proposal for waiver or reduction of the development 28 standard. The applicant shall show that the waiver or reduction of the development standard is 29 necessary to make the workforce housing units economically feasible and that such a waiver 30 will not compromise any of the city's life or safety standards. 31 8. Recording the Restrictive Covenant. Prior to the issuance of any building permit, the 32 restrictive covenant and agreement shall be recorded in the public records of Palm Beach 33 County. The term of the restrictive covenant shall be fifteen (15) years. A copy of the 34 recorded covenant and agreement shall be provided to the city prior to the issuance of the 35 building permit. 36 37 11. In-Lieu and off-site options. The following options in-lieu of construction of workforce 38 unit on-site will be based on the number of units as indicated in sections C.I.a/b and C.I.3 39 above. 40 1. Payment In-Lieu (Table 1-3). Contributions per unit listed in the table below shall accrue 41 to the Boynton Beach Housing Trust to be utilized to subsidize the creation of workforce -5- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\7F9868E4-BFCA-4340-8963-A6DAFB91F97F\Boynton Beach.6360.1.Worktorce_Housing_Program_(2017)_-_Ordinance.docx Page 488 of 544 I housing within the city. In-lieu of fees shall be paid in full prior to the issuance of building 2 permit. 3 Payment In Lieu of Construction of Workforce Housing Units (per unit) OFor-sale unit $ $39,293 TFor rent units $ $18,380 T $ 4 Note:Payment-in-lieu amounts shall be revised every two (2)years,based on(i)median single-family home sale 5 price for Palm Beach County provided by Realtors' Association of the Palm Beaches, and(ii)average monthly 6 apartment rent for the Boynton Beach market provided by Reinhold P. Wolff Economic Research,Inc. 7 8 2. Donation of Land. The value of the land shall equal or exceed the total "in-lieu of" fee 9 for all workforce units or shall be of sufficient size to develop the same number of units. The 10 value of the donated land must be verified by a MAI appraisal no more than three (3) months 11 old. The appraisal shall be obtained by developer at developer's cost to verify the value of 12 donated land. The land shall be deeded to the city prior to the issuance of a final certificate of 13 occupancy for the development. 14 3. Off-Site Construction. The workforce housing units may be built off-site. All off-site 15 workforce housing units shall comply with all sections of these Regulations. 16 4. Purchase Market Rate Units. Purchase an equivalent number of existing market rate 17 units to be deeded to the city or sold to eligible households. Such units shall be deed restricted 18 to comply with the Workforce Housing Ordinance. The developer may retain the title to off- 19 site units subject to recordation of a city approved deed restriction. 20 21 D. The following requirements shall apply to built or purchased workforce units: 22 I. Rental Housing Units. 23 1. Recording of the Restrictive Covenant. A restrictive covenant shall be recorded in the 24 public records specifying the income level served, rent levels, reporting requirement and all 25 restrictions applicable to the workforce housing units. All leases on workforce housing units 26 shall contain language incorporating the restrictive covenant applicable to the workforce 27 housing units and shall reference the recorded restrictive covenant. The restrictive covenant 28 shall remain in force for fifteen (15) years. 29 30 2. Rental Rates. 31 a. Units targeted to low income households at below eighty percent(80%) of the City 32 ofBoynton Beach median household income shall not have rental rates that exceed one hundred 33 percent(100%) of the HUD determined fair market rent for the area. -6- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\7F9868E4-BFCA-4340-8963-A6DAFB91F97F\Boynton Beach.6360.1.Worktorce_Housing_Program_(2017)_-_0rdinance.docx Page 489 of 544 I b. Units targeted to moderate income households at eighty percent(80%)to the one 2 hundred twenty percent(120%) of the City ofBoynton Beach median household income shall 3 not exceed one hundred percent(100%) of the HUD determined fair market rent for the area. 4 3. Tenant Income Qualification. Tenant income qualification records shall be maintained 5 on-site and a yearly report shall be forwarded to the Community Improvement Division of the 6 City of Boynton Beach for compliance determination. 7 11. For-Sale Housing Units. 8 1. Restrictive Covenant. All deeds shall include the restrictive covenant applicable to 9 workforce housing units. All sales contracts shall state that the unit is part of a workforce 10 housing program and subject to the Land Development Regulations of the city. The restrictive 11 covenant shall remain in force for fifteen (15) years. The form of deed for workforce housing 12 units shall be approved by the City Attorney. 13 2. Resale. The restrictive covenants shall state that during the affordability term, the 14 resale of a workforce housing unit shall be subject to the following resale requirements. 15 a. All workforce housing unit owners shall notify the city immediately that the unit is for 16 sale. The city shall have first right of refusal to purchase the unit. Upon receipt of notice that a 17 valid offer has been made on the unit, the city shall have fifteen (15) days to invoke its right of 18 refusal to purchase the units. 19 b. All workforce housing units are to be resold only to low or moderate income qualified 20 households at an attainable housing cost for each targeted income range. 21 3. Required Occupancy. Purchasers of workforce housing units shall be required to 22 occupy the unit. 23 4. Closing Costs. No charges or fees shall be imposed by the seller on the purchaser of a 24 workforce housing unit which is in addition to or more than charges imposed upon purchasers 25 of market rate units, except for administrative fees charged by the city/CRA, or their designee. 26 5. Sales Price Calculations. Sales prices for workforce housing units will be calculated on 27 the basis of: 28 a. An available fixed-rate thirty (30)-year mortgage, consistent with a "blended rate" for 29 Palm Beach County banks, and/or the Florida Housing Finance Authority. A lower rate may be 30 used in calculating workforce housing prices if the developer can guarantee the availability of 31 fixed-rate thirty (30)-year mortgage at this lower rate for all workforce housing units required 32 for the covered project; 33 b. A down payment of no more than ten percent(10%) (including any down payment 34 assistance provided by SHIP or other sources) of the purchase price; 35 c. A calculation of property taxes; and 36 d. A calculation of homeowner insurance, mortgage insurance, homeowner association 37 fees, property management fees and other closing costs. 38 6. Compliance. Prior to request for final certificate of occupancy for the development, the 39 developer shall provide to the city's Community Improvement Department, or designee, 40 documentation sufficient to demonstrate compliance with the workforce housing -7- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\7F9868E4-BFCA-4340-8963-A6DAFB91F97F\Boynton Beach.6360.1.Worktorce_Housing_Program_(2017)_-_0rdinance.docx Page 490 of 544 I program. Such documentation shall include but is not limited to information regarding the 2 identity and income qualification documentation for all occupants of the workforce housing 3 units, proof of recordation of restrictive covenant in approved form. 4 7. Resale Requirements. To maintain the availability of workforce housing units which may 5 be constructed or substantially rehabilitated pursuant to the requirements of this program, the 6 following resale conditions shall be imposed on the workforce housing units and included in 7 the deed and restrictive covenant recorded in the Public Records of Palm Beach County: 8 a. Location of Units. All workforce housing units constructed or substantially 9 rehabilitated under this program shall be situated within the development so as not to be in less 10 desirable locations than market-rate units in the development and shall, on average, be no less 11 accessible to public amenities, such as open space, as the market-rate units. 12 b Integration. Workforce housing units within a development shall be integrated with the 13 rest of the development and shall be compatible in exterior design and appearance, 14 construction, and contain comparable HV/AC systems as market rate units. 15 16 c. Construction Phasing. The construction schedule for workforce housing units shall be 17 consistent with or precede the construction of market rate units. All workforce housing units 18 must be deeded to the City, deed-resticted, or receive a certificate of occupancy prior to 19 issuance of more than eighty percent(80%) of the certificate of occupancies in the subject 20 development. 21 d. Lot Premiums. There shall be no lot premiums charged on the workforce housing units. 22 e. Sales Price. All required workforce housing units shall be offered for sale or rent at an 23 attainable housing cost for each of the targeted income ranges. 24 f City Approval. The city, its successors and assigns may enforce the covenants. No de 25 amendments to the restrictive covenant shall be maunless by written instrument approved by 26 the city. 27 E. Monitoring and Compliance. 28 1. Qualified Buyers. Final approval conditions: Final conditions of approval shall specify 29 that the workforce housing units are sold to buyers whose income does not exceed one hundred 30 twenty percent(120%) of the Boynton Beach median household income.. The conditions will 31 also specify the requirements for reporting to the city's Community Improvement Division on 32 buyer eligibility, housing prices, as well as any applicable requirement to record the restrictive 33 covenant or to enforce resale restrictions. 34 2. Surety. Developers may substitute surety as outlined in Chapter 2, Article III, Section 35 6, Land Development Regulations, in the amount of one hundred ten percent(110%) of the 36 developers' obligation for workforce housing provision according to this section. The city 37 shall, at all times, have the authority to draw upon the surety to enforce the provisions of this 38 article should the applicant be in default of these requirements, 39 3. Enforcement. The city may enforce the requirements of the Workforce Housing 40 Ordinance through any cause of action available at law or equity, including but not limited to -8- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\7F9868E4-BFCA-4340-8963-A6DAFB91F97F\Boynton Beach.6360.1.Worktorce_Housing_Program_(2017)_-_0rdinance.docx Page 491 of 544 I seeking specific performance, injunctive relief, rescission of any unauthorized sale or lease, 2 during the term of the restrictive covenant. 3 4. Annual Report. The Community Improvement Department shall submit an annual 4 report to the City Commissioners indicating the status of the Workforce Housing Ordinance, 5 including but not limited to the revenues accrued to the Housing Trust Fund, the number of 6 units created, leased and sold. 7 8 Section 4. Each and every other provision of the Land Development Regulations not 9 herein specifically amended, shall remain in full force and effect as originally adopted. 10 Section 5. All laws and ordinances applying to the City of Boynton Beach in conflict 11 with any provisions of this ordinance are hereby repealed. 12 Section 6. Should any section or provision of this Ordinance or any portion thereof 13 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 14 remainder of this Ordinance. 15 Section 7. Authority is hereby given to codify this Ordinance. 16 Section 8. This Ordinance shall become effective immediately. 17 FIRST READING this day of , 2017. 18 SECOND, FINAL READING AND PASSAGE this day of , 2017. 19 20 CITY OF BOYNTON BEACH, FLORIDA 21 22 YES NO 23 24 Mayor— Steven B. Grant 25 26 Vice Mayor—Justin Katz 27 28 Commissioner—Mack McCray 29 30 Commissioner—Christina L. Romelus 31 32 Commissioner—Joe Casello 33 34 -9- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\7F9868E4-BFCA-4340-8963-A6DAFB91F97F\Boynton Beach.6360.1.Worktorce_Housing_Program_(2017)_-_0rdinance.docx Page 492 of 544 I VOTE 2 3 ATTEST: 4 5 6 7 Judith A. Pyle, CMC 8 City Clerk 9 10 11 12 (Corporate Seal) 13 14 - 10- C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\7F9868E4-BFCA-4340-8963-A6DAFB91F97F\Boynton Beach.6360.1.Worktorce_Housing_Program_(2017)_-_0rdinance.docx Page 493 of 544 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 17-037 TO: Chair and Members Planning & Development Board FROM: Andrew P. Mack P.E. Director of Development > v h� , DATE: July 11, 2017 RE: Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II, Definitions, to modify definitions that regulate the Workforce Housing Program. Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article V, Section 2, Workforce Housing Program, to convert mandatory inclusionary zoning program to a voluntary density and height bonus program. 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 to meet original objectives or new vision. The proposed amendment would support items 41 and 45. BACKGROUND On November 15, 2016, the City Commission suspended the Workforce Housing Program (WHP) for one (1) additional year to allow staff time to update the 2006 Housing Study Assessment and to develop recommended changes to the program. On April 19, 2017, a City Commission workshop was held to discuss the recommended changes by staff and to provide direction on how to amend the WHP. Staff were directed to break up the amendments into two phases a short and long-term approach. The short-term approach centered on converting the existing mandatory WHP to a voluntary WHP by utilizing the Downtown Transit-Oriented Development District (DTODD) 25% density bonus as incentive for workforce - 1 - Page 494 of 544 housing. The long term approach is a comprehensive review of the land development regulations that could possibly entail; overlay regulations, micro units, flexible lots sizes, accessory units, and parking reductions to support the WHP. The proposed amendments to Chapter 1 of the LDR are provided in its entirety in Exhibits "A& B", with the most notable amendments summarized below: • Conversation from mandatory to voluntary program. • Utilization of Downtown Transit-Oriented Development District (DTODD) 25% density bonus as incentive for workforce housing. • Addition of a height bonus as incentive for workforce housing in the Downtown Transit- Oriented Development District. • Adjustment to set-aside percentages to increase participation. • Addition of in-lieu fee option for rental projects. • Adjustment of in-lieu fees based on current market data. • Adjustment to duration of restrictive covenants for rental and for sale projects. See Exhibit "A" for proposed amendments to definitions, and Exhibits "Bl" and "B2" for a strikethrough and clean text, respectively, of the proposed amendments to the program. CONCLUSION/RECOMENDATION Staff is recommending approval of the proposed code amendment to provide flexibility in the workforce-housing program by encouraging participation through incentives and options that promote workforce housing based on current market data/trends. Attachment S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 17-004 Workforce Housing\Staff Report-Workforce Housing Program.docx -2- Page 495 of 544 Exhibit "A" Chapter I, Article II, Definitions. DEED RESTRICTION - Each workforce housing unit created under the program shall be deed restricted for fifteen (4815)years. The deed restriction shall be recorded and serve to restrict the sales or rental price and/or the income of the purchaser or renter. DEVELOPMENT-A single use or combination of uses, proposed or approved,that may include but not be limited to a single-family subdivision, townhomes, rental apartments, condominiums, public facilities, commercial buildings, shopping centers, or industrial projects, possibly of similar design, constructed as a unified community. Development shall also include the meaning given it in F.S. §380.04, pursuant to a development order or permit With FeSpest to9Fseh9H ' rt it Sha" FAeaR a ff9p9Sed , 44iti �T ELIGIBLE OCCUPANT - Relative to the workforce housing program contained in these Regulations, it is a person who qualifies for participation in the program whose income does not exceed one hundred twenty percent(120%) of median household income for o-,i...., R-P-a .h .-9HRt.,aS Set by H49 the City of Boynton Beach. Priority will be given to persons who have lived or worked within the city limits of Boynton Beach continually for one (1)year immediately prior to the date of application for a workforce housing unit. LOW INCOME HOUSEHOLD - Under the workforce housing program provisions of these regulations, it is a household with a gross, combined income below eighty percent(80%) of the City of Boynton Beach median household income.the Palm R-ea h .-9HRt., RR1_1 l P4P_(_Ai R � ,, IR .,.Y..,,, ,A„{,h„d by W1 ID MEDIAN HOUSEHOLD INCOME (MHI) - Under the workforce housing program provisions of these regulations, it is the City of Boynton Beach °"';;; °P-a6ch G-9 Rty Median Household Income, adjH as determined by the most recent 5-year estimate of the U.S. Census Bureau American Community Survey. MODERATE INCOME HOUSEHOLD- Under the workforce housing program provisions of these regulations, it is a household with a gross, combined income between eighty percent (80%) and one hundred twenty percent (120%) of the Palm R-e-a .h .-9HRt., M,,diaR 1491,.-P-ti9id IR,.,.Y. e (aS defined by the P19Fida 149161 iRg PiRaRGe G-9F19 Fati9R) City of Boynton Beach median household income. Page 496 of 544 RESTRICTIVE COVENANT AND AGREEMENT-The covenants that govern the initial sale and rental and subsequent resale and releasing of workforce housing units created under the workforce housing program. The term of the restrictive covenant and agreement is fifteen 0815)years. WORKFORCE HOUSING UNIT-A dwelling to be sold or leased to an individual or family that is income qualified in which the rent or mortgage payments (including principal, interest, taxes, insurance and homeowner association fees) does not exceed thirty-4ve percent(3015%) of the gross income of households that are classified as low or moderate income households. Page 497 of 544 Exhibit`131" ARTICLE V. HOUSING INITIATIVES Sec. 2. Workforce Housing Program. A. Findings. 1. Housing Shortage. The City Commission having conducted a Housing Nee AssessmenttUdy (Attachment A)has determined that C44*,, '&y.* -- cb a4-4-snew �1mome L1Lg _anci ret are--n-ot affordable to the everyday working families and citizens of the city; 2. Florida Statutes. F.S. § 166.04151 provides that a municipality may adopt and maintain any ordinance that is adopted for the purpose of increasing the supply of workforce housing using land use mechanisms not withstanding any other provision of law; 3. Housing Cost/Wage Gap. The City Commission recognizes that there is a growing gap between housing costs and wages in the city; 4. Public Interest. The City of Boynton Beach has a legitimate public interest in preserving the character and quality of neighborhoods which requires assuring the availability of workforce housing for low and moderate income persons in the city; 5. Sense of Community. The city recognizes that the need to provide workforce housing is critical to maintaining a diversified and sustainable city having the character and sense of community where people can live and work in the same area; and 6. Housing Availability. The city is encouraging the production and availability of workforce housing and at the same time is cognizant that escalating land costs and rapidly diminishing amounts of land hinder the provision of sufficient workforce dwelling units by the private sector. B. Applicability. :i hg.prouarn is voluntat """ 3 vt 1"cat s wino ci oos to t atttctpat ""ria awa-rd.e.c1_incentiv-es OLttlined.m`i.ii-t-he- in this att�clt �, t s � ex iY�E t��E�se t_I` e _followin _Rregulations shall apply mly""to development applications for t rolccts 1� � 1m m o� t�1mt Downtown Transit-Oriented.mDcv(20) g tm District's � m�� 'S density increase cif twenty Eivt�" )cLrcent�25°0} wife an und(. lying land Use and.zoninIg catcgror�„ permitting the density in excess of inen" fifteen (4'- 15) dwelling units per acre.----' """"""""« ... xw-1-a C. Provisions. e'ermay l - x'_ ' c1-e t to& ted c l�tainm higher density �,,a„s „. n a ,v 4.. as"pan t"111c l 1 " "s"2 "°�"c1c n ty"bOnLiS and._o�_a 11�.� 11tml�c�n� t1� a the conStRlCtic�ilmof t1�e workforce _ i- g-units ' i"st" d- be , iI-sjte""or off-sits. ��oncta��"cont�ibUtic��:a”"clonati"on"ofland...or.p rrchase of units to be cl.l i nat�dm asmwor k orce,__subject to the limits and requirements of this article. Page 498 of 544 4....,.....C..o......n.....s.....1...r....u.....c......l...i...o.....n...........o...fitork OrcV units 0 n-si1e: 1. 44+-ix�' To be eligible for the requested higher density of the f&14-ew4*" LLIQ221-S--- of workforce units o' 'I - i h 4&tF,iii� i...s...t"e,'t...e gpgLmust 4e+—nt� �..jqggi orate SLICh Units into the development as follows: ------------ ------------ --"""""" C+ T Td' C'C3' 'x Z'e'E Y 4 n Y"1 4 pry n N r nk'14 n qH n�! k'i r�r4 �g�� F r'ae• n �'y!l-v Yt rt r Z "CtL7T L�2 CE'C..CE'8„."C"dL..'V'4✓'"��' 6.&E'C.�&_E8.C32 R78.✓"C.dL..� '._ -. ".Y Y �.�CQ"L M✓ _ b�'�":&_E"'�'C'�T7T L�e ae RE DTODD densitv bOnUs alone or in c ith the height bOnLIS Of one 1 ..additional story LIti i�naxirrlUrrl Of 12 feet�shall desig!Lqt(� of f�he -----_-------------------------- -- --------------------------------------- --- !2IW mg ----------b-,--P-r iccts withhe Mixed. t Jse MedJUM or Mixed. t Js --FLI-t-Llre--land.-:Ise--classifications . b(YiiLis aIgne: S LICh bOnLIS can inCIUd o OnUs a e W -— ------------------------------------- m-axi-M-LI-M-_OF--2-4---fe.et.) and. Shall only Beach BOUIevard. dist c ....de 'gnating twent �Lrccnt (20%) of thhe--tota-Lmro?.g��! qflj "s""""as .......................................................................................... . .......... ................... w-o-rkfo-rc-e--hOLISi_n�-Linits'. ------------1-+c E-Ii�ibl-c-land.--LI-S-C-c-lassi-fic-atioii-s--and.--zoii-inL,_Ltistric-t-s-_( Land Use Zoning A4*x+Hmi* Classification Districts Wn*it-y ,rFi�4deff+i4 -Ste ,<t �..,�- )e Re4&ff4ff4-+&WPIR4 Mixed. t Jse I..,ow Mt J-1 ..................................................................... .......................... Mixed MedJUM and. Mt,:J-3) ................................... ......................................... N44 Mixed Use04X--)Bjgrh o N44 40-4u-ae+e Page 499 of 544 i 2. Household (Income) Type. Twenty-five percent (25%) of the total required workforce housing units shall be set aside for low income households. Seventy-five percent (75%) of the total required workforce housing units shall be set aside for moderate income households. 3. Fractions. If the--reed number of workforce housing units results in a fractional remainder greater than one-half(0.50), the number shall be rounded up. If the required number of workforce housing units results in a fractional number less than one-half(0.50), the number shall be rounded down. 4. Number of Units. The workforce housing units provided shall have the same percentage of unit types as market rate units within the development The unimt t�l�e� inclUde the caory cif t"cctu "( in1ca�n�1 cic.tac��cc "anc""anal"c.c. �n� ltifa�nilo� rent very for in and the mnUmbc. obccirccr ys " r ti" lffdle4l 4-0". -e"ss".:1+ -t+ - xd >1 z°�tis`".te'�"tE:.. .":�. �� . -e� 3l- f39E-%rE-v-c-s%�a':s_a"ffi af C Ii.ef F.r.o. 111j l�rovisi(Yn rnay_bc._gLa111(cd.i fthe into. c.d. ose is to ad.(.11ress l)articuliar needs of the cOMLnit� SLtbstantiate eyt�c )rovidec�cataianaly�is:" "" .. 5. -------- ----Staff Approval. At the time of application for land use _ amendment and rezoning cate"gp -c a.,the project must be reviewed and signed off by the Community Improvement Division of the city as part of the site plan approval process for compliance with affordability guidelines and number of units qualifying as workforce. 76. Site Plan. The site plan shall clearly identify the location of workforce housing units. Additionally, tabular data must be included on the site plan showing the address or unit number, total number of units, number of bedrooms of workforce housing units and the targeted income levels. This shall be included with the market rate data. 7 Sale Restrictions. Workforce housing units ffieR, regulated in terms of: a. Initial sales price or rent levels; and b. Subsequent resale prices or leasing rates. c. If compliance with a land development standard would preclude construction of a residential or mixed use development in which workforce housing units are included,pursuant to this chapter, the applicant may submit a proposal for waiver or reduction of the development standard. The applicant shall show that the waiver or reduction of the development standard is necessary to make the workforce housing units economically feasible and that such a waiver will not compromise any of the city's life or safety standards. 48. Recording the Restrictive Covenant. Prior to the issuance of any building permit, the restrictive covenant and agreement shall be recorded in the public records of Palm Beach County. The term of the restrictive covenant shall befiftn "(:tel )years. A copy of the Page 500 of 544 recorded covenant and agreement shall be provided to the city prior to the issuance of the building permit. r_ _x ,,,� ',• 7 s� 4�s n n ex e.cx �, 'r cv; "s� nx'x 4 n x^+ xs tv �s -r "._ rr g._. er+e�rxvr 4r.rro� rxvr74 nn��.�.., .•. �`.. .Ar>�rrv.e'� G'+c>ca _. _ � _. _ .. � __. $$ f @ € �r "' fkrcr s Ess1 1gzip�1 ori E' d @3a E rzcr �a.. a exEusixE cr�@ z n-g '�'C'.. ++, b."`Yr�ii�.� rx� Cc:.•- . _. ..._. ".. - .. b_,.rrr _.b,..i""'c� ,:r„+� _,-,.., , 4, ll. 1n�1.,ic�t and. off-site o tions. Tli following o tions in-licit of comtt�uction of workforce """" ."."."."""" unit on site will be l7asecl on tl-c nU-m-b-t-ofunits as indicate=d in se=ctions C-,-f,a,,"b and C-,-f,3above ,.ff44ea +weft , °&, o 4+h +&t f� n„. cY.. - ��'�Cd'L GM,,. _ StY'TT E-�'C'�L7T L�'7 9_E8.C3'Y R.78,,,'C _ 'CC.."."'C J'T'd..CE�L✓ �'C�SC.' _. _ ep e4,&ji_ . 1. Payment In-Lieu (Table 1-3). Contributions 8..V... "'�✓B 8-PP2 L F.E2 CE L.CE'8„. �'$,-SC:' per unit p-` listed in the table below s ,a1a _c�lto the Boynton Beach Housing Trust to be utilized to-subsidize the creation of workforce housing within the city, �m-lieu of fees shall be paid in full prior to the issuance of building permit. Payment In Lieuf"- ; -a ` , i-r of Construction of Workforce Housing Units (per unit-- e-4) " - `o- rent units S,--90-,W4 l�,,3-8 Nate"""P lviiiciit-iii-lica aii7oui7ts shall be revised every two (21 c�ars laasecl 0�7 ( }._��€clia�7"yi17{le-I:amilc home sale r icy for Pal��B�acl7 C�nz�7tc r o� cls cl lac Realtors Association o l the Palm Beaches and(i a�c r a{e��7o�7tl7lc a alhm€ntzrnt toz the BotintonBeacl7 markctpztl�"icl cl"lati R irrliolcl P,Wolff F,conolmic Research.Inc. 2. 1)&Ra4e"I3onatimo-iimo "Land. The value of the land shall equal or exceed the total "in-lieu of fee for all f� eworkforce units or shall be of sufficient size to develop the same number ofqt4c"d-units. The value of the donated land must be verified by a MAI appraisal no more than three(3) months old. The appraisal shall be obtained by developer at developer's cost to verify the value of donated land. The land shall be deeded to the city prior to the issuance of a final certificate of occupancy for the development. 3. Off-Site Construction. The-"Feitu4c"d workforce housing units may be built off-site. All off-site workforce housing units shall comply with all sections of these Regulations. ` , '8..e. s;e•x�ve•4�w 4��tx + c.sz en e�n,� �s�' -w,�.e•�n 4�n sro r. eC..'._ .. Qi .. °. c, ..L` tY'Y`S'C. Page 501 of 544 4. Purchase Market Rate Units. Purchase an equivalent number of existing market rate units to be deeded to the city or sold to eligible households. Such units shall be deed restricted to comply with the Workforce Housing Ordinance. The developer may retain the title to off-site units subject to recordation of a city approved deed restriction. � )o� [`fi�g(++ ,.,A;+, �.-,.,4�� a ,,,,,a ra (!� @. .• "'V L."d.�CE$✓ Y.`S7 E`2"d.� A&YLTY`C. R.7$✓"'�7'�bL L�2'Y2C.SLBB &C.0 EBS$8L 6..A.b.6.'�"'�?'i.✓ 4.;Y L�""CTL B.8$✓'"4*.�6�["'4.'y Jt�C"d 4'C� LV[""C.V"'�9:C'� rs�4�^rry G't .rr>e^4t�Y nre4c�, r- pew-rxe 4 �� .ri .- �'�vt-n ry �a r.rz cr+ree rt xzt�Y4n .[H n�� s^ti +•r�y nc�nr� .• (t .•` �-( }[q cY. "CtL7T L�"7&E"B.i.Y3 [T$,, i i'4..�R Y84.5'r:$�"&C C EBS.$�$✓_x "x �?�$✓"4.:Y L�v'""'Q"L�$$$✓-*.... '..J C�... ..� ""C.V T'.T"€T'I2rs"TYY�- � _ _ , The `o1l�wtn� ��c1��ements shall ..tc�bUilt c��..X)urchased.wogldarcs units- 1. Rental Housing Units. 1. Recording of the Restrictive Covenant. A restrictive covenant shall be recorded in the public records specifying the income level served, rent levels, reporting requirement and all restrictions applicable to the workforce housing units. All leases on workforce housing units shall contain language incorporating the restrictive covenant applicable to the workforce housing units and shall reference the recorded restrictive covenant. The restrictive covenant shall remain in force for -fiftce n (awl ) years. 2. Rental Rates. a. Units targeted to low income households at--94y -4-___elowmeighty t percent (80%) of the CiS c� - yEle�y te�� E c acmedian�.01I.S..Cho.1J,_income exr` v shall not have rental rates that exceed one hundred percent (100%) of the HUD determined fair market rent for the area. b. Units targeted to moderate income households at eighty percent (80%) to the one hundred twenty percent (120%) of the 1 lleac n median hOIIse holmd income_; shall not exceed one hundred percent (100%) of the HUD determined fair market rent for the area. 3. Tenant Income Qualification. Tenant income qualification records shall be maintained on-site and a yearly report shall be forwarded to the Community Improvement Division of the City of Boynton Beach for compliance determination. - 'll. For-Sale Housing Units. 1. Restrictive Covenant. All deeds shall include the restrictive covenant applicable to workforce housing units. All sales contracts shall state that the unit is part of a workforce housing program and subject to the Land Development Regulations of the city. The restrictive covenant shall remain in force forfiftn (:tel )years. The form of deed for workforce housing units shall be approved by the City Attorney. 2. Resale. The restrictive covenants shall state that during the affordability term, the resale of a workforce housing unit shall be subject to the following resale requirements. a. All workforce housing unit owners shall notify the city immediately that the unit is for sale. The city shall have first right of refusal to purchase the unit. Upon receipt of notice that a valid offer has been made on the unit, the city shall have fifteen (15) days to invoke its right of refusal to purchase the units. Page 502 of 544 b. All workforce housing units are to be resold only to low or moderate income qualified households at an attainable housing cost for each targeted income range. 3. Required Occupancy. Purchasers of workforce housing units shall be required to occupy the unit. 4. Closing Costs. No charges or fees shall be imposed by the seller on the purchaser of a workforce housing unit which is in addition to or more than charges imposed upon purchasers of market rate units, except for administrative fees charged by the city/CRA, or their designee. 5. Sales Price Calculations. Sales prices for workforce housing units will be calculated on the basis of: a. An available fixed-rate thirty (30)-year mortgage, consistent with a "blended rate" for Palm Beach County banks, and/or the Florida Housing Finance Authority. A lower rate may be used in calculating workforce housing prices if the developer can guarantee the availability of fixed-rate thirty (30)-year mortgage at this lower rate for all workforce housing units required for the covered project; b. A down payment of no more than ten percent(10%) (including any down payment assistance provided by SHIP or other sources) of the purchase price; c. A calculation of property taxes; and d. A calculation of homeowner insurance, mortgage insurance, homeowner association fees,property management fees and other closing costs. 6. Compliance. Prior to request for final certificate of occupancy for the development, the developer shall provide to the city's Community Improvement Department, or designee, documentation sufficient to demonstrate compliance with the workforce housing program. Such documentation shall include but is not limited to information regarding the identity and income qualification documentation for all occupants of the workforce housing units, proof of recordation of restrictive covenant in approved form. 7. Resale Requirements. To maintain the availability of workforce housing units which may be constructed or substantially rehabilitated pursuant to the requirements of this program, the following resale conditions shall be imposed on the workforce housing units and included in the deed and restrictive covenant recorded in the Public Records of Palm Beach County: -a. Location of Units. All workforce housing units constructed or substantially rehabilitated under this program shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units. 2.1) Integration. Workforce housing units within a development shall be integrated with the rest of the development and shall be compatible in exterior design and appearance, construction, and contain comparable HV/AC systems as market rate units. 1 r s ,(, 4&ff i € - 4 < t+ vviclEx'ri �lE acv rrcricv s e _ e Page 503 of 544 _.............. x ,° ...-•' "' t-t" te^ cn� r� e.nx^+t rz�x4c� 4�sn s^.e.r>s ------------ S-- 4c. Construction Phasing. The construction schedule for workforce housing units shall be consistent with or precede the construction of market rate units. .11mwo-rkfo_rce_hOItsin Units .L.1.st...�?.e.. d ..e.d.c� to t��.�.� ?:iy.a..c�ccc� �c.�t�ct�c� or receive a ce ti icate ofocc t�anc� ��g to iSSUance c- Arlo-t�---t11an_eig11t� )e cent��QOA mc�� t11c. ce ti icate ofocCUpancics in the SL�l�icct cicvclot��r�c.nte &. . Lot Premiums. There shall be no lot premiums charged on the workforce housing units. ,c. Sales Price. All required workforce housing units shall be offered for sale or rent at an attainable housing cost for each of the targeted income ranges. -----------f. City Approval. The city, its successors and assigns may enforce the covenants. No amendments to the restrictive covenant shall be made unless by written instrument approved by the city. L. Monitoring and Compliance. 1. Qualified Buyers. Final approval conditions: Final conditions of approval shall specify that the workforce housing units are sold to buyers whose income does not exceed one hundred twenty percent -The%ond tions will a) of the �lslo spech c median household income,4;&=--1'1a 44 c =� , ify the requirements for reporting to the city's Community Improvement Division on buyer eligibility, housing prices, as well as any applicable requirement to record the restrictive covenant or to enforce resale restrictions. 2. Surety. �-�-'-�_ n.« t +x+ tis $`t -s-4 �` _•.x. a�.3 t�sn rnY-a-ca zrsl trz 1 �-..3-�_x ..xn s^. ., x t �1 1 �' _. ".&.d'RPLC VL V'V(J['k�Ct � a^E rt ZrtY4n flH ` d- 3evt 1c�t e s Ana SUbStitUtC SUre!y..a ..c� tl�nt c n �:alt :�:.. .c. t c1c .. ct c�n.6 ..1..a d 3c.velc� �r�c ntm c � lat c�� s i the amOUntmc��`cine hUnc�ed ten 1?c�cent X1.1 °_0l of the develo rs obligation for wor1�Force housing nrovisio� accordlin to this section. rhe city shall. at all times. ....... ....... have the aUthority to draw upon tl�e SUrety to enforce tl�e t�rovisions of this article shOUld the a13?1J.cant lid �n d1.c faltlt cel h.tesc t c1d��e�r�ents, 3. Enforcement. The city may enforce the requirements of the Workforce Housing Ordinance through any cause of action available at law or equity, including but not limited to seeking specific performance, injunctive relief, rescission of any unauthorized sale or lease, during the term of the restrictive covenant. Page 504 of 544 ........4. Annual Report. The Community Improvement Department shall submit an annual report to the City Commissioners indicating the status of the Workforce Housing Ordinance, including but not limited to the rev-en-LI-Cs--ac-CrLted.-to--t-he--HOLts-in�-4-'I-'-i-List--F-Linc.,-th-c number of units created, leased and sold. -DeC-e41+1+C+-44-;-.2-04-6 _(Ord. 10-025, passed 12-7-10; Am. Ord. 11-031, passed 12-6-11; Am. Ord. 13-034, passed 12- 3-13; Am. Ord. 14-035, passed 1-6-15; Am. Ord. 15-031, passed 12-1-15) Page 505 of 544 Exhibit`132" ARTICLE V. HOUSING INITIATIVES Sec. 2. Workforce Housing Program. A. Findings. 1. Housing Shortage. The City Commission having conducted a Housing Assessment Study (Attachment A)has determined that new home prices and rents are not affordable to the everyday working families and citizens of the city; 2. Florida Statutes. F.S. § 166.04151 provides that a municipality may adopt and maintain any ordinance that is adopted for the purpose of increasing the supply of workforce housing using land use mechanisms not withstanding any other provision of law; 3. Housing Cost/Wage Gap. The City Commission recognizes that there is a growing gap between housing costs and wages in the city; 4. Public Interest. The City of Boynton Beach has a legitimate public interest in preserving the character and quality of neighborhoods which requires assuring the availability of workforce housing for low and moderate income persons in the city; 5. Sense of Community. The city recognizes that the need to provide workforce housing is critical to maintaining a diversified and sustainable city having the character and sense of community where people can live and work in the same area; and 6. Housing Availability. The city is encouraging the production and availability of workforce housing and at the same time is cognizant that escalating land costs and rapidly diminishing amounts of land hinder the provision of sufficient workforce dwelling units by the private sector. B. Applicability. The program is voluntary. Developers who choose to participate may be awarded incentives outlined further in this article. The following regulations shall apply only to development applications for projects eligible for the Downtown Transit-Oriented Development District's (DTOD's) density increase of twenty five percent(25%), with an underlying land use and zoning category permitting the density in excess of fifteen (15) dwelling units per acre. C. Provisions. The developer may elect to obtain higher density as part of the DTODD's 25% density bonus and/or a height bonus through the construction of the workforce units on-site or off-site, monetary contribution, donation of land or purchase of units to be designated as workforce, subject to the limits and requirements of this article. L Construction of workforce units on-site: 1. To be eligible for the requested higher density as part of the DTODD's (25%) density bonus through the construction of workforce units on-site, the developer must incorporate such units into the development as follows: a. Projects using DTODD density bonus alone or in conjunction with the height bonus of one(1) additional story (up to a maximum of 12 feet) shall designate ten percent (10%) of the total proposed units as workforce housing units. Page 506 of 544 b. Projects with the Mixed Use Medium or Mixed Use High future land use classifications may use the height bonus alone; such bonus can include two (2) additional stories (up to a maximum of 24 feet) and shall only be granted to projects located in the Cultural or Boynton Beach Boulevard district, designating twenty percent (20%) of the total proposed units as workforce housing units. c. Eligible land use classifications and zoning districts (Table 1-2). Land Use Zoning Classification Districts Mixed Use Low MU-1 Mixed Use Medium MU-2 and MU-3 Mixed Use High MU-4 and MU-Core 2. Household (Income) Type. Twenty-five percent (25%) of the total required workforce housing units shall be set aside for low income households. Seventy-five percent (75%) of the total required workforce housing units shall be set aside for moderate income households. 3. Fractions. If the number of workforce housing units results in a fractional remainder greater than one-half(0.50), the number shall be rounded up. If the required number of workforce housing units results in a fractional number less than one-half(0.50), the number shall be rounded down. 4. Number of Units. The workforce housing units provided shall have the same percentage of unit types as market rate units within the development. The unit types include the category of structure(single-family detached and attached, multifamily), for rent versus for sale units, and the number of bedrooms. Relief from this provision may be granted if the intended purpose is to address particular needs of the community, substantiated by the provided data/analysis. 5. Staff Approval. At the time of application for land use amendment and rezoning, the project must be reviewed and signed off by the Community Improvement Division of the city as part of the site plan approval process for compliance with affordability guidelines and number of units qualifying as workforce. 6. Site Plan. The site plan shall clearly identify the location of workforce housing units. Additionally, tabular data must be included on the site plan showing the address or unit number, total number of units, number of bedrooms of workforce housing units and the targeted income levels. This shall be included with the market rate data. 7 Sale Restrictions. Workforce housing units shall, be regulated in terms of: a. Initial sales price or rent levels; and b. Subsequent resale prices or leasing rates. c. If compliance with a land development standard would preclude construction of a residential or mixed use development in which workforce housing units are included,pursuant to Page 507 of 544 this chapter, the applicant may submit a proposal for waiver or reduction of the development standard. The applicant shall show that the waiver or reduction of the development standard is necessary to make the workforce housing units economically feasible and that such a waiver will not compromise any of the city's life or safety standards. 8. Recording the Restrictive Covenant. Prior to the issuance of any building permit, the restrictive covenant and agreement shall be recorded in the public records of Palm Beach County. The term of the restrictive covenant shall be fifteen (15)years. A copy of the recorded covenant and agreement shall be provided to the city prior to the issuance of the building permit. H. In-Lieu and off-site options. The following options in-lieu of construction of workforce unit on-site will be based on the number of units as indicated in sections C.La/b and C.L3 above. 1. Payment In-Lieu(Table 1-3). Contributions per unit listed in the table below shall accrue to the Boynton Beach Housing Trust to be utilized to subsidize the creation of workforce housing within the city. In-lieu of fees shall be paid in full prior to the issuance of building permit. Payment In Lieu of Construction of Workforce Housing Units (per unit) For-sale unit $39,293 For rent units $18,380 Note:Payment-in-lieu amounts shall be revised every two(2)years,based on(i)median single-family home sale price for Paha Beach County provided by Realtors' Association of the Paha Beaches,and(ii)average monthly apartment rent for the Boynton Beach market provided by Reinhold P.Wolff Economic Research,Inc. 2. Donation of Land. The value of the land shall equal or exceed the total "in-lieu of fee for all workforce units or shall be of sufficient size to develop the same number of units. The value of the donated land must be verified by a MAI appraisal no more than three (3) months old. The appraisal shall be obtained by developer at developer's cost to verify the value of donated land. The land shall be deeded to the city prior to the issuance of a final certificate of occupancy for the development. 3. Off-Site Construction. The workforce housing units may be built off-site. All off-site workforce housing units shall comply with all sections of these Regulations. 4. Purchase Market Rate Units. Purchase an equivalent number of existing market rate units to be deeded to the city or sold to eligible households. Such units shall be deed restricted to comply with the Workforce Housing Ordinance. The developer may retain the title to off-site units subject to recordation of a city approved deed restriction. D. The following requirements shall apply to built or purchased workforce units: I. Rental Housing Units. 1. Recording of the Restrictive Covenant. A restrictive covenant shall be recorded in the public records specifying the income level served, rent levels, reporting requirement and all restrictions applicable to the workforce housing units. All leases on workforce housing units shall contain language incorporating the restrictive covenant applicable to the workforce housing Page 508 of 544 units and shall reference the recorded restrictive covenant. The restrictive covenant shall remain in force for fifteen (15)years. 2. Rental Rates. a. Units targeted to low income households at below eighty percent (80%) of the City of Boynton Beach median household income shall not have rental rates that exceed one hundred percent (100%) of the HUD determined fair market rent for the area. b. Units targeted to moderate income households at eighty percent (80%) to the one hundred twenty percent (120%) of the City ofBoynton Beach median household income shall not exceed one hundred percent (100%) of the HUD determined fair market rent for the area. 3. Tenant Income Qualification. Tenant income qualification records shall be maintained on-site and a yearly report shall be forwarded to the Community Improvement Division of the City of Boynton Beach for compliance determination. II. For-Sale Housing Units. 1. Restrictive Covenant. All deeds shall include the restrictive covenant applicable to workforce housing units. All sales contracts shall state that the unit is part of a workforce housing program and subject to the Land Development Regulations of the city. The restrictive covenant shall remain in force for fifteen (15)years. The form of deed for workforce housing units shall be approved by the City Attorney. 2. Resale. The restrictive covenants shall state that during the affordability term, the resale of a workforce housing unit shall be subject to the following resale requirements. a. All workforce housing unit owners shall notify the city immediately that the unit is for sale. The city shall have first right of refusal to purchase the unit. Upon receipt of notice that a valid offer has been made on the unit, the city shall have fifteen (15) days to invoke its right of refusal to purchase the units. b. All workforce housing units are to be resold only to low or moderate income qualified households at an attainable housing cost for each targeted income range. 3. Required Occupancy. Purchasers of workforce housing units shall be required to occupy the unit. 4. Closing Costs. No charges or fees shall be imposed by the seller on the purchaser of a workforce housing unit which is in addition to or more than charges imposed upon purchasers of market rate units, except for administrative fees charged by the city/CRA, or their designee. 5. Sales Price Calculations. Sales prices for workforce housing units will be calculated on the basis of: a. An available fixed-rate thirty (30)-year mortgage, consistent with a "blended rate" for Palm Beach County banks, and/or the Florida Housing Finance Authority. A lower rate may be used in calculating workforce housing prices if the developer can guarantee the availability of fixed-rate thirty (30)-year mortgage at this lower rate for all workforce housing units required for the covered project; b. A down payment of no more than ten percent(10%) (including any down payment assistance provided by SHIP or other sources) of the purchase price; Page 509 of 544 c. A calculation of property taxes; and d. A calculation of homeowner insurance, mortgage insurance, homeowner association fees,property management fees and other closing costs. 6. Compliance. Prior to request for final certificate of occupancy for the development, the developer shall provide to the city's Community Improvement Department, or designee, documentation sufficient to demonstrate compliance with the workforce housing program. Such documentation shall include but is not limited to information regarding the identity and income qualification documentation for all occupants of the workforce housing units, proof of recordation of restrictive covenant in approved form. 7. Resale Requirements. To maintain the availability of workforce housing units which may be constructed or substantially rehabilitated pursuant to the requirements of this program, the following resale conditions shall be imposed on the workforce housing units and included in the deed and restrictive covenant recorded in the Public Records of Palm Beach County: a. Location of Units. All workforce housing units constructed or substantially rehabilitated under this program shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units. b Integration. Workforce housing units within a development shall be integrated with the rest of the development and shall be compatible in exterior design and appearance, construction, and contain comparable HV/AC systems as market rate units. c. Construction Phasing. The construction schedule for workforce housing units shall be consistent with or precede the construction of market rate units. All workforce housing units must be deeded to the City, deed-restricted, or receive a certificate of occupancy prior to issuance of more than eighty percent(80%) of the certificate of occupancies in the subject development. d. Lot Premiums. There shall be no lot premiums charged on the workforce housing units. e. Sales Price. All required workforce housing units shall be offered for sale or rent at an attainable housing cost for each of the targeted income ranges. f. City Approval. The city, its successors and assigns may enforce the covenants. No amendments to the restrictive covenant shall be made unless by written instrument approved by the city. E. Monitoring and Compliance. 1. Qualified Buyers. Final approval conditions: Final conditions of approval shall specify that the workforce housing units are sold to buyers whose income does not exceed one hundred twenty percent (120%) of the Boynton Beach median household income.. The conditions will also specify the requirements for reporting to the city's Community Improvement Division on buyer eligibility, housing prices, as well as any applicable requirement to record the restrictive covenant or to enforce resale restrictions. 2. Surety. Developers may substitute surety as outlined in Chapter 2, Article III, Section 6, Land Development Regulations, in the amount of one hundred ten percent (110%) of the developers' obligation for workforce housing provision according to this section. The city shall, Page 510 of 544 at all times, have the authority to draw upon the surety to enforce the provisions of this article should the applicant be in default of these requirements, 3. Enforcement. The city may enforce the requirements of the Workforce Housing Ordinance through any cause of action available at law or equity, including but not limited to seeking specific performance, injunctive relief, rescission of any unauthorized sale or lease, during the term of the restrictive covenant. 4. Annual Report. The Community Improvement Department shall submit an annual report to the City Commissioners indicating the status of the Workforce Housing Ordinance, including but not limited to the revenues accrued to the Housing Trust Fund, the number of units created, leased and sold. (Ord. 10-025,passed 12-7-10; Am. Ord. 11-031,passed 12-6-11; Am. Ord. 13-034,passed 12- 3-13; Am. Ord. 14-035,passed 1-6-15; Am. Ord. 15-031,passed 12-1-15) Page 511 of 544 w 4-j V 454�(I _ s1tt I •'vc C� Lf) UPS ® Q� i54l Eli , mc: (81 E 0 41(� l � > Ito: til?(y� s ` s144 I — } { t t d { � u NO NO N -j f NO v) 4-j +' LO M LO a � u 4-j 4 cu u 0 W � cy 4-j O > 72 . 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FUTURE AGENDA ITEMS 9/7/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/7/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-021 - SECOND READING -Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU-3 Mixed Use 3 zoning district. City-i nitiated.(First Reading approved 8/15, Second Reading Pending Fl. Dept. of Economic Opportunity approval, which takes approximately 2 to 4 months.) PROPOSED ORDINANCE NO. 17-022 - SECOND READING - Amending Ordinance 02-013 to Rezone a Parcel of Land Described Herein and Commonly Referred to as Town Square From Public Usage (Pu); Recreation (Rec)And Multifamily (R-3) to Mixed Use 3 (Mu-3). EXPLANATION OF REQUEST: This future land use amendment and rezoning have been initiated by City staff in preparation for the redevelopment of the civic campus, now referred to as Town Square, into a mix use project. The project is proposed as a partnership between the City, the CRA and the private development team, based on the Public- Private Partnership (P3) development model pursuant to Chapter 255.065, Florida Statutes. In addition to the civic campus, the subject actions apply to the property occupied by the Park Lane Condominium, a small condominium development partially surrounded by the project area. At present there is no formal, full Master Plan application for the project accompanying the zoning request. Since 2015, the City has been able to proactively initiate and process future land use reclassifications and rezonings to selected sites for which there already is a specific vision, supported by a redevelopment or other plan of major importance. The subject request meets this criterion, as the Town Square project is supported by both the CRA Plan and the City's Strategic Plan. The proposed Mixed Use Medium (MXM) future land use category implements the CRA Plan's FLU recommendation for the property. The maximum density for the MXM is 50 du/acre. However, since the site is located within the Downtown Transit-Oriented Development (DTOD) district, its redevelopment density can potentially be increased by 25%, to 63 du/acre. Currently, the City is considering linking eligibility for a 25% density bonus to participation in the Workforce Housing Program. Since the site exceeds 10 acre, the amendment, if approved, will have to undergo state review prior to the City final approval. Moreover, the requested Mixed Use Medium FLU classification, as well as the MU-3 zoning district, require updates to the regulatory framework, including the Comprehensive Plan Future Land Use Element and the Land Development Regulations (LDRs). The Comprehensive Plan amendments were adopted by the City Commission on July 18th and subsequently resent to the state for a final review. If not challenged, the amendments will become effective 31 days after amendment package is deemed complete. Amendments to the LDRs—currently in drafting—will implement the Comprehensive Plan-modified FLU structure as well as changes to the zoning structure recommended by the CRA Plan. The LDR amendments Page 521 of 544 are anticipated to be adopted by September 19th. The Planning and Development Board recommended denial of the subject request on July 25, 2017. The chief concern was perceived lack of adequate protection for historic properties.. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The relocation/rehousing of city departments planned as part of the Town Square project has a potential to significantly enhance efficiency of the public service provision. FISCAL IMPACT: The project will generate new ad valorem tax stream revenues from the previously tax exempt properties through the involvement of the private sector. ALTERNATIVES: Staff does not recommend any alternatives. STRATEGIC PLAN: Great Neighborhoods: Safe, Affordable and Livable STRATEGIC PLAN APPLICATION: This action represents a critical task for achieving the "Town Square Redevelopment" strategic objective. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving Town Square Land Use Amendment D Ordinance Ordinance approving Rezoning of Town Square D Staff Report Staff Report D Location Map Location Map D Exhibit Exhibit B1 D Exhibit Exhibit B2 D Exhibit Exhibit C1 D Exhibit Exhibit C2 D Exhibit Exhibit D Page 522 of 544 1 ORDINANCE NO. 17- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY COMMONLY KNOWN AS TOWN SQUARE AND 7 DESCRIBED HEREIN, OWNED BY THE CITY OF BOYNTON 8 BEACH; CHANGING THE LAND USE DESIGNATION FROM 9 PUBLIC AND PRIVATE GOVERNMENTAL/INSTITUTIONAL 10 (PPGI) AND HIGH DENSITY RESIDENTIAL TO MIXED USE 11 MEDIUM(MXM);PROVIDING FOR CONFLICTS,SEVERABILITY, 12 AND AN EFFECTIVE DATE. 13 14 WHEREAS,the City Commission of the City of Boynton Beach,Florida has adopted 15 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 16 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 17 Comprehensive Planning Act; and 18 WHEREAS, the procedure for amendment of a Future Land Use Element of a 19 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 20 WHEREAS, after two (2) public hearings the City Commission acting in its dual 21 capacity as Local Planning Agency and City Commission finds that the amendment 22 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 23 the best interest of the inhabitants of said City to amend the Future Land Use Element 24 (designation) of the Comprehensive Plan as hereinafter provided. 25 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 26 CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 28 herein by this reference. 29 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 30 following: Page 523 of 544 31 That the Future Land Use of the following described land described in Exhibit"A"is 32 amended from Public and Private Governmental/Institutional (PPGI) and High Density 33 Residential (HDR)to: MIXED USE MEDIUM(MXM). 34 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 35 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 36 Land Development Regulation Act. No party shall be vested of any right by virtue of the 37 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 38 including appeals, are exhausted. In the event that the effective date is established by state law or 39 special act, the provisions of state act shall control. 40 FIRST READING this day of , 2017. 41 SECOND, FINAL READING and PASSAGE this day of , 2017. 42 CITY OF BOYNTON BEACH, FLORIDA 43 44 YES NO 45 46 Mayor— Steven B. Grant 47 48 Vice Mayor—Justin Katz 49 50 Commissioner—Mack McCray 51 52 Commissioner—Christina L. Romelus 53 54 Commissioner—Joe Casello 55 56 57 58 VOTE 59 ATTEST: 60 61 62 63 Judith A. Pyle, CMC 64 City Clerk 65 66 (Corporate Seal) 67 Page 524 of 544 1 ORDINANCE NO. 17- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 02- 5 013 TO REZONE A PARCEL OF LAND 6 DESCRIBED HEREIN AND COMMONLY 7 REFERRED TO AS TOWN SQUARE FROM 8 PUBLIC USAGE (PU); RECREATION (REC) AND 9 MULTIFAMILY (R-3) TO MIXED USE 3 (MU-3); 10 PROVIDING FOR CONFLICTS, SEVERABILITY, 11 AND AN EFFECTIVE DATE. 12 13 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 14 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 15 and 16 WHEREAS, the City of Boynton Beach, owner of the property has made application 17 to rezone a parcel of land, said land being more particularly described hereinafter, from 18 Public Usage (PU); Recreation (REC) and Multifamily (R-3)to Mixed Use 3 (MU-3); and 19 WHEREAS, the City Commission conducted public hearings as required by law and 20 heard testimony and received evidence which the Commission finds supports a rezoning for 21 the property hereinafter described; and 22 WHEREAS, the City Commission finds that the proposed rezoning is consistent with 23 an amendment to the Land Use which was contemporaneously considered and approved at 24 the public hearing heretofore referenced; and 25 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 26 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing Whereas clauses are true and correct and incorporated 30 herein by this reference. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1D06F304-491E-437D-8541-40828E375B54\Boynton Be ach.6369.1.Town_S quare_-_Rezone.do c Page 525 of 544 31 Section 2. The land described in Exhibit "A" be and the same is hereby rezoned 32 from PU Public Usage; REC Recreation and R-3 Multifamily to Mixed Use 3 (MU-3). A 33 location map is attached hereto as Exhibit "B" and made a part of this Ordinance by 34 reference. 35 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 36 accordingly. 37 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 38 repealed. 39 Section 5. Should any section or provision of this Ordinance or any portion thereof 40 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 41 the remainder of this Ordinance. 42 Section 6. This ordinance shall become effective immediately upon passage. 43 FIRST READING this day of , 2017. 44 SECOND, FINAL READING and PASSAGE this day of , 2017. 45 CITY OF BOYNTON BEACH, FLORIDA 46 YES NO 47 48 Mayor— Steven B. Grant 49 50 Vice Mayor—Justin Katz 51 52 Commissioner—Mack McCray 53 54 Commissioner—Christina L. Romelus 55 56 Commissioner—Joe Casello 57 58 VOTE 59 ATTEST: 60 61 62 63 Judith A. Pyle, CMC 64 City Clerk 65 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1D06F304-491E-437D-8541-40828E375B54\Boynton Be ach.6369.1.Town_S quare_-_Rezone.do c Page 526 of 544 66 67 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1D06F304-491E-437D-8541-40828E375B54\Boynton Be ach.6369.1.Town_S quare_-_Rezone.do c Page 527 of 544 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-001 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: July 10, 2017 PROJECT: Town Square LUAR 17-005 REQUEST: Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU-3 Mixed Use 3 zoning district. City-initiated. PROJECT DESCRIPTION Property Owner: City of Boynton Beach (7 parcels) and owners of 14 Park Lane Condominium units Applicant: City of Boynton Beach Location: Area bounded by Seacrest Boulevard on the west, NE 1St Street on the east, Boynton Beach Boulevard on the north and SE 2nd Avenue on the south (Exhibit "A") Existing Land Use/ Zoning: Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) / PU Public Usage; REC Recreation and R-3 Multifamily (no residential allowed in PPGI and REC; maximum density of 11 du/acre in R-3); see Exhibit "1131" and Exhibit "1132" Proposed Land Use/ Zoning: Mixed Use Medium (MXM) / MU-3 Mixed Use 3 zoning district Page 528 of 544 Page 2 Town Square LUAR 17-005 (maximum density 50 du/acre plus 25% density bonus for Downtown TOD District); see Exhibit "Cl" and Exhibit "C2" Acreage: +/- 16.5 acres Adjacent Uses: North: Right-of-way for Boynton Beach Boulevard and farther north, developed commercial properties classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial District); South: Right-of-way for SE 2nd Avenue, and farther south, 10 developed single-family homes and 1 vacant parcel, classified Low Density Residential (LDR) and Medium Density Residential (MEDR) and zoned R-1-A, (Single-Family Residential District) and R-2, (Single- and Two-Family Residential District); East: Right-of-way for NE/SE 1St Street; on the Northeast side, a developed commercial property clasified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); further south, a parking lot and Green Acres condominium, both classified High Density Residential (HDR) and zoned R-3, Multi-Family; further south, a vacant parcel and Ocean East Apartments, both classified Local Retail Commercial (LRC) and zoned R-3, Multi- Family; the Vivienne condominium on the south side has the same zoning but is classified High Density Residential (HDR); in the southeastern section, two developed single-family homes and a duplex classified Low Density Residential (LDR) and zoned R- 1-A, (Single-Family Residential District). West: Right-of-way for Seacrest Boulevard; on the Northwest side, the USPS facility and an office building, both classified Local Retail Commercial (LRC) and zoned C-2 (Neighborhood Commercial District); farther south, First United Methodist Church, classified High Density Residential (HDR) and zoned R-3, Multi-Family (on the part of properties fronting Seacrest Boulevard); south of W. Ocean Avenue, developed single-family homes and small residential rental properties, classified High Density Residential (HDR) and zoned R-3, Multi-Family. 2 Page 529 of 544 Page 3 Town Square LUAR 17-005 BACKGROUND The Site The subject area covers four blocks, bounded by Seacrest Boulevard on the west, NE 1St Street on the east, Boynton Beach Boulevard on the north and SE 2nd Avenue on the south. It includes seven (7) parcels owned by the City of Boynton Beach, for a total of 15.05 acres, the right-of-way for NE 1St Avenue of 0.7 acre, part of the right-of-way for SE 1St Avenue of approximately 0.09 acres (currently with no future land use classification or zoning designation) and a 14-unit Park Lane condominium site on approximately 0.63 acres. The City-owned parcels contain the civic campus with the following structures: • 1913 Schoolhouse Museum, including amphitheatre • Art Center • City Hall Complex, including parking garage • Civic Center • Old High School • Kid's Kingdom Playground • Library • Madsen Senior Center (presently housing Code Compliance), including shuffleboard courts As a redevelopment site, the property has several pertinent locational characteristcs: • It is situated within the Community Redevelopment Area, giving a potential development access to a number of incentives, and allowing the Community Redevelopment Agency to become a partner in the incoming project (see "The Proposed Action" section below); • It is enclosed within the Downtown Transit-Oriented Development (DTOD) district, which covers a '/2 mile radius around the intersection of Boynton Beach Boulevard and NE 4t" Street, the site of the future station for the planned Tri-Rail Coastal Link commuter train system on the FEC Rail, which will provide passenger service between Miami and West Plam Beach. The DTOD district regulations support increased intensity of development through a 25% density bonus. • It is also enclosed within both the Coastal Residential Exception area, which exempts all residential development east of I-95 from the Palm Beach County traffic concurrency, and the Transportation Concurrency Exception Area (TCEA), which, while setting limits on the amount of development that will be allowed, carries additional traffic concurrency exemption for commercial and other non-residential development. 3 Page 530 of 544 Page 4 Town Square LUAR 17-005 • The site is split between two CRA districts, the Cultural District and the Boynton Beach Boulvard District, which—together with four others—have been identified and designated as distinctive planning areas by the CRA Community Redevelopment Plan adopted in October of 2016. (See Exhibit "D") The addition of the Park Lane Condominium site squares the project's boundary. The site lays within the Cultural district and is a subject to the same future land use CRA Plan's recommendation as the Town Square. The Proposed Action This action—the future land use amendment and rezoning—has been initiated by City staff in preparation for the redevelopment of the civic campus, now referred to as Town Square, into a mix use project. The project is proposed as a partnership between the City, the CRA and the private development team, based on the Public-Private Partnership (P3) development model pursuant to Chapter 255.065, Florida Statutes. P3s are agreements formed between public and private entities that allow for greater private-sector participation in the financing and delivery of public building and infrastructure projects. (In February of 2015, the City adopted Resolution 15-020, which established procedures for processing of P3s.) Even though a conceptual Town Square Master Plan has been made public, at present there is no Master Plan application for the project accompanying the subject zoning request as would be required by the Land Development Regulations (LDRs) for a privately-initiated application involving a planned zoning district. Since 2015, the City has been able to proactively initiate and process future land use reclassification and rezoning to selected sites—if recommended by a significant planning document(s)— without a concurrent review of a master plan. Such "proactive" actions assures that these properties will have the recommended future land use classification and a corresponding zoning designation "on the ground," ready for incoming projects. The City makes use of this provision for sites for which there already is a specific vision, supported by a redevelopment or other plan of major importance. The subject request meets this criterion, as the Town Square project is supported both by the 2016 CRA Community Redevelopment Plan and the City's Strategic Plan. Previous FLU Amendment/Rezoning Applications for the Site In 2013, the City processed a FLU amendment and rezoning for a small part of the subject site (about 2 acres) occupied by the Old High School, as part of a development agreement in a public/private partnership with an applicant planning the renovation and adaptive reuse of the building. Of the two requests, for a mixed use future land use and zoning, only the first one was approved by the City Commission. The project was subsequently abandoned and the City took the action to revert the site to its previous (and current) PPGI future land use classification. 4 Page 531 of 544 Page 5 Town Square LUAR 17-005 Prerequisites for Approval: the Process The regulatory framework for the requested FLU classification of Mixed Use Medium (MXM) and the zoning designation of MU-3 Mixed Use 3 has not as yet been completed. The framework requires text amendments to both the Comprehensive Plan Future Land Use Element and the Land Development Regulations (LDRs). The status of this process is as follows: • The Comprehensive Plan amendments were adopted by the City Commission on July 18th and subsequently resent to the state for a final review. If not challenged, the amendments will become effective 31 days after amendment package is deemed complete (anticipated by September 1S) • Amendments to the LDRs—currently in drafting—will implement the Comprehensive Plan-modified FLU structure as well as changes to the zoning structure recommended by the CRA Plan. The LDR amendments are anticipated to be adopted by September 19tH Since the size of the property under consideration for the Town Square project exceeds ten acres, the proposed FLU amendments are subject to the Expedited State Review Process per provisions of Chapter 163.3184(3) and (5), Florida Statutes. 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 in 2016. If the Commission approves the proposed amendments, they will be transmitted for review to the Florida Department of Economic Opportunity (DEO), the state land planning agency. The final adoption by the City Commission is tentatively scheduled for October 17th, by which date the required regulatory framework will be updated. REVIEW BASED ON CRITERIA The following analysis adresses all the criteria for review of Comprehensive Plan Map amendments and rezonings listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13.3 and Section 2.D.3. (although City-initiated requests must meet at a minimum criterion "b"): a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. A need for redevelopment of the Boynton Beach civic campus has been recognized for over 20 years. The campus occupies a large track of land close to downtown, and has a 5 Page 532 of 544 Page 6 Town Square LUAR 17-005 significant potential to contribute to the quality of the downtown experience through the creation of an attractive, functionally unified built environment. In its current condition, it represents an inefficient use of the valuable land in the City's center, with several disconnected sections, a few obsolete/outdated structures and a historic Old High School building in a state of severe disrepair. It has also been recognized early on that redevelopment of the Town Square and, specifically, the adaptive reuse of the High School, will likely require an involvement of the private sector. In 2015, the City decided on the use of the P3 process in transforming Town Square into a mixed use project with civic as well as residential and commercial uses, and included the project as a high priority item in its Strategic Plan. The project requires a mixed use future land use classification to allow for addition of residential and commercial uses not permitted under the current Public and Private Governmental/Institutional category. The choice of the Mixed Use Medium (MXM) category with a density cap of 50 du/acre (with an additional Downtown TOD District's 25% density bonus) fulfills the recommendation of the CRA Community Redevelopment Plan warranted by the project's proximity to the core of the downtown and to the future station of the planned Coastal Link commuter train service. The MXM category is in- between the proposed new Mixed Use Low, with the density cap of 20 du/acre arguably too low for the location, and the Mixed Use High (renamed Mixed Use Core), whose 80 du/acre density cap is reserved for the core of the downtown. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Consistency with Comprehensive Plan and Redevelopment Plan The future land use classification of MXM proposed for the site is consistent with, and implements, the CRA Community Redevelopment Plan's recommendations for the Cultural and Boynton Beach Boulevard districts in the subject location (the site is split between the two districts). The proposed FLU amendment and rezoning is also explicitely consistent with a number of the policies of the Comprehensive Plan pertaining to mixed use development, most importantly (current) policies 1.18.1 and 1.18.2 of the Future Land Use element: Policy 1.18.1 The City shall implement the Transit-Oriented Development (TOD) approach, as described in the 2012 Florida Department of Transportation's TOD Guidebook, to manage future growth within a mile radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor, which is the anticipated location of the Downtown Boynton Beach Station for the planned commuter 6 Page 533 of 544 Page 7 Town Square LUAR 17-005 Tri-Rail Coastal Link service on the FEC Corridor. This area will be referred as the Downtown TOD District hereforth. The inner %-mile core of this District shall be designed to accommodate the greatest density and intensity of development. Policy 1.18.2 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. Note that not only is the subject property located within the DTOD District, but most of its area falls within the transit core (the District's 1/4—mile radius), therefore justifying the requested MXM future land use classification which would allow a maximum density of 63 du/acre (with the District's 25% density bonus). Consistency with Land Development Regulations (LDR) See "Prerequisits for Approval: the Process" section on page 4 of this report. The Land Development regulations implementing the new future land use/zoning structure will be adopted prior to the adoption of the proposed amendment, anticipated in October. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. It is indeed the staff's opinion that the proposed FLUM reclassification and rezoning would result in more desirable and sustainable growth for the community and improve the general public welfare. While both actions will temporarily create "isolated" districts, the requested FLU category (as already stated) is consistent with the recommendation of the CRA Plan, which also recommends the MXM category for areas west (between Boynton Beach Boulevard and 1St NW Avenue only), north, and east of Town Square (see Exhibit D). Going forward, these recommendations aim to achieve a major transformation of the subject area, implementing the City's and the CRA's vision for it. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the 7 Page 534 of 544 Page 8 Town Square LUAR 17-005 Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed FLUM amendment and rezoning clearly meets the definition of "sustainable" as it supports a mixed use, high density redevelopment of the site. Residents and visitors will have access to public transit via Palm Tran bus service on Seacrest and Boynton Beach boulevards (with bus stops located in front of the proposed project), as well as, in the future, to the planned Coastal Link commuter train service. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. So/id Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Traffic. The property is under the Coastal Residential exception and TCEA designations and is therefore exempted from the concurrency requirements of the Palm Beach County Traffic Performance Standards Ordinance. (The required Traffic Statement will be submitted with a site plan/master plan package.) The monitoring of the maximum allowable residential uses and square footage of commercial, industrial and other non- residential uses as well as applicable use ratios under the TCEA Planned 2025 Land Use Table indicate that the current (cumulative) numbers remain significantly off the allowable thresholds. Schools. The School Capacity Availability Determination application will be submitted with a site plan/master plan package. f. Compatibility. The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and s Page 535 of 544 Page 9 Town Square LUAR 17-005 (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The adjacent and nearby properties include both residential and commercial uses, albeit low rise, while the maximum height of the proposed zoning is 75 feet. However, as indicated in response to criterion "c," future uses in the areas northwest, north and east of the subject property are planned to be compatible in general character and scale to the Town Square project as per recommendations of the CRA Plan. Possible incompatiblity with single-family homes along SE 2nd Avenue will be addressed at the site plan review phase through the project's design. The redevelopment of the subject site is expected to spur more redevelopment activities in the surrounding area, and positively affect the property values. The potential positive impacts will be magnified by the eventual availability of the Coastal Link train commuter service. As was already stated in this report, the need for redevelopment of the Boynton's civic campus has long been recognized as vital for both the area and the city as a whole, and now has a strong support in the CRA Community Redevelopment Plan, the City's Strategic Plan and the Economic Development (ED) Strategic Plan. The requested actions lay the groundwork for the realization of the City's vision for the Town Square. g. Direct Economic Development Benefits. For rezoning/ FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: (1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. As mentioned above (criterion 'T'), the Town Square project is supported by the City 2016-2021 ED Strategic Plan—which has now supplanted the Economic Development Program—and therefore the requested actions meet criterion g(1). Specifically, the project is listed under the ED Strategic Plan's ACTION PLAN FOR CHANGE, Goal 4, Objective 4.1: Promote Economic Development /Redevelopment in the Eastern Section of the City; Strategy 4.1.4.: Work with the CRA to develop a Town Spuare in the downtown to include City Hall, Library, Children's School House Museum, Old Hiph 9 Page 536 of 544 Page 10 Town Square LUAR 17-005 School, Civic Center, Arts Center, and Madsen Center. The proposed FLUM amendment/rezoning supports a project that would constitute a major catalyst for creating a successful, lively downtown, bringing more development to the area and attracting more residents and visitors to the City. The project would or at least has a potential to: • Generate new ad valorem tax stream revenues from the previously tax exempt properties through the involvement of the private sector (criterion g2); • Respond to the community needs by enhancing efficiency of the public service provision (criterion g3); • Create jobs, though most will likely be low wage retail positions; and • Alleviate economic/functional obsolescence in the subject area, including underutilization of land on the subject property (criterion g7). In addition, the requested actions and the project they will support include restoration/preservation and adaptive reuse of the Old High School. h. Commercial and Industrial Land Supply, The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development, or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposed FLUM amendment and rezoning would add a commercial component to the civic campus: the current land use and zoning do not allow commercial uses. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. N/A (See responses above to criteria "a," "b," and "c.") 10 Page 537 of 544 Page 11 Town Square LUAR 17-005 j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. The City-initiated rezonings can proceed in advance of the master plan submittal. When submitted, the master plan will comply with Land Development Regulations (see the "Prerequisites for Approval: the Process" section of this report). CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed requests and determined that they are consistent with the policies of the Comprehensive Plan and implement the recommendations of the CRA Community Redevelopment Plan, the City's Strategic Plan and the Economic Development Strategic Plan. It is anticipated that the Comprehensive Plan and LDR amendments required for the approval of the proposed FLU Map amendment and rezoning will be finalized prior to its expected adoption date. Staff recommends approval of the proposed Future Land Use Map amendments for the transmittal to the State for an Expedited State Review. ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Town Square LUAR 17-005\Town Square LUAR 17-005 Staff Report.doc 11 Page 538 of 544 CITY OF BOYNTON BEACH EXHIBIT A TOWN SQUARE LOCATION MAP f } tf fn w1 4 " k(s.gka_ Beach 2 01, NE,IStAVe' dt,tssr t , �jj J'' ?s' SS N, �' a„ #qqtj SE 2nd Ave , l e t 77, N Legend W E Town Square S QFuture Coastal Link station 0 0.0125 0.025 0.05 0.075 0.1 Miles Transit Core Area Source:Palm Beach County GIS Digital Data 2006-2015 Park Lane Condominium Copyright Palm Beach County Florida 2006-2015 All rights reserved-Subject to a Licence Agreement Total Town Square area: 16.5 acres Page 539 of 544 CITY OF BOYNTON BEACH EXHIBIT 131 CURRENT FLU CLASSIFICATIONS FOR TOWN SQUARE AND ADJACENT AREAS tU I I NE 3rd Ave rr E Boynton Beach Blvd r r Y ! 0 tr E Ocean Ave H to tt_ � SE 1st Ave t i 6t SE 2nd Ave ,4- SE rd Ave r' Legend Future Land Use Classifications Last amended October 20, 2015 N l LOW DENSITY RESIDENTIAL(LDR)Max.5 D.U./Acre W E MEDIUM DENSITY RESIDENTIAL(MEDR)Max.10 D.U./Acre HIGH DENSITY RESIDENTIAL(HDR)Max.11 D.U./Acre S LOCAL RETAIL COMMERCIAL(LRC) 0 0.0125 0.025 0.05 0.075 0.1 - - GENERAL COMMERCIAL(GC) Miles ill INDUSTRIAL(1) Source:Palm Beach County GIS Digital Data 2006-2015 PUBLIC&PRIVATE GOVERNMENTAL/INSTITUTIONAL(PPGI) Copyright Palm Beach County Florida 2006-2015 All rights reserved-Subject to a Licence Agreement Town Square Page 540 of 544 CITY OF BOYNTON BEACH EXHIBIT B2 CURRENT ZONING DESIGNATIONS FOR TOWN SQUARE AND ADJACENT AREAS NW NE 3rd Ave tv , E Boynton Beach Blvd NE 1st Ave CS L\ F E Ocean Ave 01 a SE.7 St Ave t i t SE 2nd-Ave- SE ndAveSE 3rd Ave Legend N Zoning designations W� _E R1A Single Family C4 General Commercial 0 R2 Duplex CBD Central Business District S R3 Multi Family 0 M1 Light Industrial 0 0.0125 0.025 0.05 0.075 0. Miles 0 C2 Neighborhood Commercial PU Public Usage C3 Community Commercials,;�''� REC Recreation Source:Palm Beach County GIS Digital Data 2006-2015 Y Copyright Palm Beach County Florida 2006-2015 All rights reserved-Subject to a Licence Agreement Town Square Page 541 of 544 CITY OF BOYNTON BEACH EXHIBIT C1 PROPOSED FLU CLASSIFICATION FOR TOWN SQUARE* tU I t�. NE 3rd Ave E Boynton Beach Blvd r y NE 1st Ave ,` c--- E Ocean Ave f � 1 H to tt_ � SE 1st Ave t i 3 vWi s },1 SE 2nd Ave ,4- IN WIRI __---- SE 3rd r' Legend LOW DENSITY RESIDENTIAL(LDR)Max.5 D.U./Acre * NOTE:Areas adjacent to Town Square shown N l MEDIUM DENSITY RESIDENTIAL(MEDR)Max.10 D.U./Acre with the current FLU classifications W E HIGH DENSITY RESIDENTIAL(HDR)Max.11 D.U./Acre LOCAL RETAIL COMMERCIAL(LRC) S GENERAL COMMERCIAL(GC) 0 0.0125 0.025 0.05 0.075 0.1 INDUSTRIAL(1) Miles Mixed Use(MX),Max.Density 40 du/acre Source:Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 MIXED USE Medium(MXM),Max.Density 50 D.U./Acre All rights reserved-Subject to a Licence Agreement Town Square Page 542 of 544 CITY OF BOYNTON BEACH EXHIBIT C2 PROPOSED ZONING DESIGNATION FOR TOWN SQUARE NW NE 3rd Ave tv t E Boynton Beach Blvd FF 11 NE,1st Ave` =- -Ocean Ave r � rSE,7stAve ti ...'V;S`f1§t§��t§�§t§,s,} i ttti�ittttttttml Ott t ti��V VZfVVVZfV SE 2nd Ave SE 3rd Ave Legend N Zoning designations W _E R1A Single Family C4 General Commercial 0 R2 Duplex CBD Central Business District S R3 Multi Family 0 M1 Light Industrial 0 0.0125 0.025 0.05 0.075 0. Miles 0 C2 Neighborhood Commercial MU-3 Mixed Use 3 Source:Palm Beach County GIS Digital Data 2006-2015 C3 Community Commercial Copyright Palm Beach County Florida 2006-2015 Town Square All rights reserved-Subject to a Licence Agreement Page 543 of 544 CITY OF BOYNTON BEACH : TOWN SQUARE EXHIBIT D CRA COMMUNITY REDEVELOPMENT PLAN'S FLU RECOMMENDATIONS FOR CULTURAL AND AND BOYNTON BEACH BOULEVARD DISTRICTS NW 3rd pve NE 3rd Ave E Boynton Beach Blvd NONE= I NE 1st Ave N a 's il m W "aJ Z d u M E Ocean Ave d N Z N .c SE 1st Ave eh W N SE2nd-Ave LEGEND N Town Square W E Cultural District S Q Boynton Beach Blvd District 0 0.0125 0.025 0.05 0075 O.Mi,es Source:Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 Mixed Use High (MXH), Max. Density 80 D.U./Acre All rights reserved-Subject to a Licence Agreement Mixed Use Medium (MXM), Max. Density 50 D.U./Acre Low Density Residential , Max. Density 7.5 D.U./Acre '- Page 544 of 544