Agenda 07-07-09
The City of
Boynton Beach
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
2ND REVISED AGENDA
JULY 7,2009
Jerry Taylor
Mayor - At Large
Ron Weiland
Commissioner - District I
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Woodrow Hay
Vice Mayor - District II
Jose Rodriguez
Commissioner- District III
Marlene Ross
Commissioner - District IV
Kurt Bressner
City Manager
James Cherof
City Attorney
DISTRI T I
Janet M. Prainito
City Clerk
www.boynton-beach.org
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WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES &. PROCEDURES FOR PUBUC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
· Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
· Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
· Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to impose
time limits on the discussion on an issue.
· Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings."
· Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission - Time Limit - Three (3) Minutes
· Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded, with the exception of Consent Agenda Items that have
not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit -
Three (3) minutes
.
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the presiding
officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or
step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the
presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority
vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
Holidays/Election Day).
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CITY OF BOYNTON BEACH
REGULAR CITY COMMISSION MEETING
rd REVISED AGENDA
July 7, 2009
I. OPENINGS:
6:30 P.M.
A. Call to Order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Marlene Ross
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS, &. PRESENTATIONS:
A. Announcements:
None
B. Community and Special Events:
None
C. Presentations:
1. Proclamations:
a. "National Recreation & Parks Month" - July
b. "2010 Census Partner"
2. Presentation:
a. Legislative update by Representative Mary Brandenburg, District
89.
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2ND Revised Agenda
Regular City Commission
Boynton Beach, FL
July 7, 2009
IV. PUBUC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE UMITED TO 3-MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3-minute allowance may need to be adjusted
depending on the level of business coming before the City CommiSSion>
V. ADMINISTRATIVE:
A. Accept the resignation of Paula Melley, Regular member of the Community
Relations Board
B. Appointments to be made:
Appointment Length of Term
To Be Made Board Expiration Date
II Hay Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09 (Tabled 2)
III Rodriguez Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09
II Hay Cemetery Board Alt 1 yr term to 12/09 (Tabled 3)
III Rodriguez Cemetery Board Reg 3 yr term to 12/09
Mayor Taylor Code Compliance Board Alt 1 yr term to 12/09 (Tabled 3)
II Hay Education & Youth Advisory Board Alt 1 yr term to 12/09 (Tabled 2)
III Rodriguez Education & Youth Advisory Board Alt 1 yr term to 12/09 (Tabled 2)
IV Ross Education & Youth Advisory Board Stu N/V 1 yr term to 12/09 (Tabled 2)
Mayor Taylor Library Board Alt 1 yr term to 12/09
IV Ross Recreation & Parks Board Alt 1 yr term to 12/09
III Rodriguez Senior Advisory Board Alt 1 yr term to 12/09 (Tabled 2)
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agenda" approval of the action indicated in each item, with all of the accompanying
material to become a part of the Public Record and subject to staff comments.
A. Minutes:
1. Regular Meeting of June 16, 2009
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2008-2009 Adopted Budget.
1. Approve the purchase of an Emergency Traffic Signal through Palm Beach
County Traffic Engineering Division for the construction and installation of
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2ND Revised Agenda
Regular City Commission
Boynton Beach, FL
July 7, 2009
a signaling device for Fire Station #4 at 1919 South Federal Highway for
a price not to exceed $156,491.40 (includes a 20% contingency).
C. Resolutions:
1. Proposed Resolution No. R09-089 Re: Authorize the
execution of the reissuance of two Conditional Permit Agreements
between the Lake Worth Drainage District (LWDD) and the City of
Boynton Beach in support of the City's construction of the new regional
force main.
2. Proposed Resolution No. R09-090 Re: Requesting
the assistance of Governor Crist and Florida Department of
Transportation Secretary Kopelousos to prioritize the Intercity Rail
Component of the FEC Corridor Project (from Jacksonville to Miami) as
part of the Federal Economic Stimulus Package for the State of Florida.
3. Proposed Resolution No. R09-091 Re: Approving an
interlocal agreement with the City of Delray to submit a joint application
for the Neighborhood Stabilization Program 2 under the American
Recovery and Reinvestment Act 2009 in the amount of $20,000,000.
D. Authorize the use of $1,000 of Community Investment Funds from Vice Mayor
Hay for the Museum of Lifestyle & Fashion History. (Tabled on June 1.6,2009)
E. Authorize the use of $750 of Community Investment Funds from Commissioner
Ross for the Museum of Lifestyle & Fashion History. (Tabled on June 1.6,
2009)
F. Approve the return of a performance bond in the amount of $283,883 for the
construction of the Boynton Beach Mall - Muvico Theater facility.
G. Approve the second reduction of a performance bond in the amount of
$667,575.98 for Boynton Town Center and Boynton Village from $3,465,665.63
to $2,798,089.65.
H. Accept the Recreation and Parks Department monthly report of major projects.
I. Approve the recommendations of the Community Development Block Grant
Review Committee for funding activities in preparation of the City of Boynton
Beach's One-Year Action Plan for FY 2009/2010. The 2009/2010 allocation is
$529,857.
J. Accept the "Analysis of Revenues & Expenditures (General Fund & Utility Fund)
for the eight months ended May 31, 2009.
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2ND Revised Agenda
Regular City Commission
Boynton Beach, FL
July 7, 2009
K. Approve reimbursement of $750 to Commissioner Rodriguez for participation in
2010 Leadership Palm Beach Program
L. Authorize the use of $1,000 from Vice Mayor Hay's Community Investment Fund
to support the ongoing programs of the Education & Youth Advisory Board.
M. Authorize Mayor Taylor to attend the Florida League of Cities 83rd Annual
Conference, August 13-15, 2009 at World Center Marriott, Orlando, FL. for a
total cost of $827.87.
VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
THE CITY COMMISSION WILL CONDUCT THESE PUBLIC HEARINGS IN ITS DUAL CAPACITY AS
LOCAL PLANNING AGENCY AND CITY COMMISSION
None
IX. CITY MANAGER'S REPORT:
A. Report on Utilities CIP Non-Bonded Projects (prioritized).
X. FUTURE AGENDA ITEMS:
A. Consider the continuation or deferral of the "CONSTRUCTION OF CONGRESS
AVENUE BARRIER FREE PLAYGROUND", Bid #017-2730-09/JA to Ocean Gate
General Contractors of Stuart, FL for $1,925,000 plus an owner's contingency of
10% in the amount of $192,500 for a total expenditure of $2,117,500/501(c)(3)
Discussion. (Proposed Resolution No. R09-073) (Tabled to Budget
Workshop)
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBliC HEARING
1. Proposed Ordinance No. 09-003 Re: Approving a
request to annex the properties. (Sam's Club ANEX 09-001) (Tabled
on June 2, 2009)
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2ND Revised Agenda
Regular City Commission
Boynton Beach, FL
July 7, 2009
2. Proposed Ordinance No. 09-004 Re: Approving a
request to annex the properties. (Northstar ANEX 09-001) (Tabled
on June 2, 2009)
3. Proposed Ordinance No. 09-005 Re: Amending the
Comprehensive Plan Future Land use Map classification on :1::41.19 acres
of land from Commercial High (CHIS) and Institutional (Palm Beach
County) to Local Retail Commercial (LRC). (Sam's Club LUAR 09-002)
(Tabled on June 2, 2009)
4. Proposed Ordinance No. 09-006 Re: Amending the
Comprehensive Plan Future Land use Map classification on :1::41.49 acres
of land from Commercial High (CHIS) and Institutional (Palm Beach
County) to Local Retail Commercial (LRC). (Northstar LUAR 09-002)
(Tabled on June 2, 2009)
5. Proposed Ordinance No. 09-007 Re: Approving the
rezoning from Palm Beach County Commercial General (CG) and
Residential Multifamily (RM) to Planned Commercial Development (PCD)
and C-3, Community Commercial. (Sam's Club LUAR 09-002) (Tabled
on June 2, 2009)
6. Proposed Ordinance No. 09-008 Re: Approving the
rezoning from Palm Beach County Commercial General (CG) and
Residential Multifamily (RM) to Planned Commercial Development (PCD)
and C-3, Community Commercial. (Northstar LUAR 09-002) (Tabled
on June 2, 2009)
7. Proposed Ordinance No. 09-009 Re: Amending the
Comprehensive Plan Future Land Use Map classification on :1::13.66 acres
of land from Medium Density Residential to Industrial. (New Urban
High Ridge LUAR 09-001) (Tabled on June 2, 2009)
8. Proposed Ordinance No. 09-010 Re: Rezoning a
parcel of land located on the northwest corner of High Ridge Road and
Miner Road from Planned Unit Development (PUD) to M-1 Industrial
District. (New Urban High Ridge LUAR 09-001) (Tabled on June 2,
2009)
9. Proposed Ordinance No. 09-026 Re: Amending the
Land Development Regulations, Chapter 2, Zoning to create a waiver
process for minimum setbacks associated with ancillary fueling centers
with Planned Commercial Development (PCD) zoning districts annexed
into the City. (Tabled on June 2,2009)
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2ND Revised Agenda
Regular City Commission
Boynton Beach, FL
July 7, 2009
10. Proposed Ordinance No. 09-027 Re: Amending the
Land Development Regulations, Chapter 2, Zoning to allow Funeral
Homes with Cemetery in the Community Commercial (C-3) zoning district,
on parcels in excess of 10 acres. (Tabled on June 2,2009)
11. Proposed Ordinance No. 09-031 Re: Rezoning from
Planned Unit Development (PUD) to the Single and Two-Family Dwelling
(R-2) zoning district. (Imagine Charter School at Boynton Beach
(REZN 09-002)
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
None
C. Ordinances - 1st Reading
None
D. Resolutions:
1. Proposed Resolution No. R09-084 Re: Approving and
authorizing execution of an Annexation Agreement between the City of
Boynton Beach and Northstar Palm Beach, LLC regarding annexation of
Northstar Palm Beach Property into the City boundary. (Tabled on June
2, 2009)
2. Proposed Resolution No. R09-085 Re: Approving and
authorizing execution of an Annexation Agreement between the City of
Boynton Beach and Wal-Mart Stores, Inc. regarding annexation of Wal-
Mart Stores ("Sam's Club") property into the City boundary. (Tabled on
June 2, 2009)
E. Other:
1. Authorize the City Attorney's Office to file a lawsuit to foreclose on Code
Enforcement Liens totaling $508,336.48 as of June 15, 2009 held by the
City on real property owned by Gail Luchey and Andrew Luchey, located
at 124 NW 10th Avenue, Boynton Beach, Florida.
2. Authorize the City Attorney's Office to file a lawsuit to foreclose on a Code
Enforcement Lien totaling $1,584.12 in addition to a prior lien recorded
on the property as previously owned by Essie Mays in the amount of
$167,834.12 as of June 15, 2009 held by the City on real property owned
by Jerry L. Brandom and Melody A. Brandom located at 112 NW 10th
Avenue, Boynton Beach, Florida.
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2ND Revised Agenda
Regular City Commission
Boynton Beach, FL
July 7, 2009
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT PAM WELSH, (561) 742-6013 AT LEAST TWEN1Y-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO
REASONABLY ACCOMMODATE YOUR REQUEST.
2ND REVISED FINAL AGENDA 7/6/2009 1:30 PM
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III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.l.a
CITY OF BOYNTON BEACI
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
. Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
X Julv 7, 2009 June 15, 2009 June ] 0, 2009 June 8, 2009
D Julv 21, 2009 Julv 6, 2009 July 1,2009 June 29, 2009
D August 4, 2009 Julv 20, 2009 July 15, 2009 July ]3,2009
D August 18, 2009 August 3, 2009 July 29, 2009 July 27, 2009
X Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Motion to approve the proclamation designating July as Recreation & Parks
Month.
EXPLANATION: National Recreation & Parks Month is scheduled for July. The summer season is a
time to enjoy many of the great activities being organized by the Recreation & Parks Department. On
behalf of the State of Florida, Governor Crist also signed a similar proclamation, By making this
proclamation in Boynton Beach, all citizens will be encouraged to celebrate by participating in their
choice of fun activities and enjoy the benefits derived from quality public recreation,
PROGRAM IMPACT: The proclamation will help promote Parks and Recreation in our community.
FISCAL IMPACT: N/A
ALTERNATIVES: Do not approve request.
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City Manager's Signature
Assistant to City Manager ~
Recreation & Parks
Department Name City Attorney I Finance
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"PRO C LAMA TfoN
WHEREAS, parks and recreation programs enhance our quality of life by contributin(j
to a healthy lifestyle, increasing communication skills, building self esteem, teaching life skills,
and providing places for enjoyment; and
WHEREAS, parks and recreation programs boost the economy, enhance property
values, attract new business, increase tourism, and reduce crime; and
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i WHEREAS, recreation builds family unity, strengthens neighborhood involvement,
offers opportunity for social interaction, enhances education, develops creativity, and
promotes cultural diversity; and,
WHEREAS, our parks and trails ensure ecological beauty, provide space to enjoy
nature, help maintain clean air and water, preserve plant and animal wildlife, and
WHEREAS, recreation, therapeutic recreation and leisure education are essential to
the rehabilitation of individuals who have been ill or disabled; and
WHERAS, Florida recognizes the benefits derived from quality public and private
recreation and park resources at the local and state level; and
WHEREAS, the National Recreation and Park Association and the Florida Recreation
and Park Association designated July as Recreation and Parks Month;
NOW THEREFORE, I, Jerry Taylor, Mayor of the City of Boynton Beach, Florida, do
hereby extend greetings and best wishes to all observing July 2009 as:
Recreation and Parks Month
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of
Boynton Beach, Florida to be affixed at Boynton Beach, Florida, this 7th day of July 2009.
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Jerry Taylor
Mayor
ATTEST:
I Janet M. Prainito, CMC
I City Clerk
I (Corporate Seal)
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III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.l.. b
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
~ July 7, 2009 June 15,2009 June 10, 2009 June 8, 2009
D July 21,2009 July 6, 2009 July 1,2009 June 29, 2009
D August 4, 2009 July 20, 2009 July 15, 2009 July 13,2009
D August 18, 2009 August 3,2009 July 29, 2009 July 27,2009
~ Announcements/Presentations D City Manager's Report
NA TURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Present proclamation confirming the City of Boynton Beach partnering with the Census Bureau to
achieve a complete and accurate 2010 Census.
EXPLANATION: The goal of the Census Bureau's partnership program is to combine the strengths of local governments,
community-based organizations, faith-based organizations, schools, media, businesses and others, to ensure a complete and
accurate 2010 Census. The Census Bureau will provide promotional materials, regular updates and data assistance to partners
to assist in this effort.
PROGRAM IMPACT: By partnering with the Census Bureau, the City of Boynton Beach agrees to participate in the
following ways:
. Use 2010 Census drop-in articles, messages and logos in newsletters, mailings, and other in-house communications
(e-mail, Web site, etc.)
. Appoint a liaison to work with the Census Bureau. (Staff recommends Hanna Matras, Economic Planner, P&Z)
. Encourage employees and constituents to complete and mail their questionnaire.
. Display and/or distribute 2010 Census promotional materials.
. Provide space for Be Counted sites and/or Questionnaire Assistance Centers.
. Put the 2010 Census on the agenda at meetings and/or allow presentations by Census Bureau staff.
. Organize and/or serve as a member on a Complete Count Committee.
. Allow the Census Bureau to post your organization's name on the 2010 Census Web site.
. Link to the 2010 Census Web site from your organization's Web site.
. Use and distribute educational materials.
. Participate in a speaker's bureau for the 2010 Census.
. Provide a translator and/or translate 20 I 0 Census materials.
. Issue a public endorsement for the 2010 Census and send an endorsement to members, chapters or affiliates.
. Air 2010 Census Public Service Announcements (PSAs) and B-Roll (static photo segment), and cover census
events/programs.
. Highlight key 20 I 0 Census operational events in newsletters or other publications.
. Volunteer or participate in Census Bureau sponsored events.
FISCAL IMPACT: The City would be providing in-kind services and staff time. There are no direct General Fund
expenditures associated with a partnering with the Census Bureau.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
AL TERNA TIVES: Not to participate in the 2010 Census Bureau partnership program and not read the proclamation.
""\
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City Manager's Signature
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Assistant to City Manager _______ __
City Manager's Office
Department Name City Attorney! Finance
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I
PROCLAMATION
WHEREAS, the U.S. Constitution requires a national census every 10 years; and
WHEREAS, every year, more than $300 billion in federal funds is awarded to states
and communities based on census data; and
WHEREAS, census data is used to determine the most need for additional social
services, including who receives community development block grants and other grant
programs essential to man communities; and,
WHEREAS, the census determines how many seats each state will have in the U.S.
House of Representatives as well as the boundaries of legislative districts, and
WHEREAS, census information helps determine locations for schools, roads, hospitals,
child-care and senior citizen centers, and more; and
WHERAS, the Census Bureau protects information that identifies respondents or their
households for 72 years,
NOW THEREFORE, I, Jerry Taylor, Mayor, by virtue of the authority vested in me as
the Mayor of the City of Boynton Beach, Florida, hereby proclaim that:
The City of Boynton Beach is a 2010 Census Partner, helping to
achieve a complete and accurate census and ensuring that
everyone in our community is counted so that Boynton Beach
receives its fair share of important services and resources
and urge all Boynton Beach residents to participate in the 2010 Census by completing and
mailing in their 2010 Census Questionnaires.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of
Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 7th day of July 2009.
Jerry Taylor
Mayor
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
Intellige nee Reporf Para".com/Ode' untnbutl
Eili2I Why the Census Matterr
AlthOUgh th, u.s. i, ,pend- and "at< fund, fnt ,chool,. pubht nia gave up 1:'>\10. Florida Te.'Cas. and 'I,
ing $14 billion on the 2010 transportation, hospitals, roads, and egon are some of the stat~s expected [,
census, many people will other services, all of which IS allocated gam seats from the 2010 count. while
ignore the survey when according to census figures. Michigan, IllinOIS, and LOUISIana art' ,
they receive it. Only 67% of Americans "The census also determmes how among the predicted los,'r',
completed and returned their data in many Congressional sears a state has, Another effect of the upcommg
2000; the Census Bureau used meth- says William Frey, a demographer at tallv: More than 1.4 millIon worke!,
ods such as sending workers to knock the Brookings InstItutIon, a nonpar- Will be hired bv the Census Bureal'
on doors to tally the rest. Nonethe- tisan think tank. More representatives At stake temporarIly mar..
less, undercounting In Congress means mg J lIlt: of che
and overcounting greater influence for a is $300 natIOn s biggeSt
inevitably occur. For state. The 2010 num- billion in employers Recent,
example, the bureau bers will be used to state and 1)', tbe' bureau has
estImates that 1.84% redraw Congressional deait wtth public
of the country's Afri- and local legislative federal gaffe:; and clen
can-Americans were district lines for the funds tnwersles rangmg
left Out of the 2000 2012 elections. The [rC1[" d failed a r
count. State and local changes can be signif- tempt to use elecrronic<"LlntIng de
officials already are lCant. After the 2000 vices to charges from Republicans that
mobilizing residents census, Arizona, Flo!- the White House wants rc' use the cen.
to fill out the 2010 ida, Georgia, and Tex- sus for political gain. Snl1 the bureau,
census. At stake is as got two new House acting director, Thomas MesenboUt".
more than $300 bil- seats each; both Ne\\' says, "We are poised to meet the el
lion a year in federal York and Pennsylva- mOllS challenges in hone us
~--_.- ----,~~--,_.._--~._--_..- _..
BI What Does a Penny Cost?
One cent doesn't buy you very much these days-not even merchants would round up to the next nickel. In addition,
the metal that is contained in a penny. (A penny consists of penny collections, which many charities depend on. would
97.5% zinc and 2.5% copper.) Last year. it cost &t[ end. TIle one-cent piece has fans among regular Americans,
the U.S. Mint nearly 1.5 cents to create a ..4 too-in a 2006 Gallup poll, 76% of respondents said they
penny-and nearly 9 cents for a nickel. I'~ still bend down to pick a penny up off the sidewalk.
'With each new penny and nickel we issue, \ Why doesn't the Mint switch to less-costly materi-
we increase the national debt by almost as \" als to make the penny? MOY says that substituting a
much as the coin is worth," says Edmund cheaper metal, possibly steel, could save up to $100
MoY, the director of the Mint. million annually. (Due to a wartime copper short-
Advocates of retiring pennies-which accounted age, the U.S. used steel in its pennies in 1943.)
for a $40 million loss to the Mint in 2007-point out However, the Constitution gives COngress the
that the coins also slow down cash transactions. But power to regulate currency, and legislative
Americans for common Cents, a pro-penny group efforts to change our change haven't gained
backed by the zinc industry, argues that without the enough support. Tell us: Should the U.S. get rid
currency, consumers would see prices rise because of the penny? Vote at Parade. com/penny
PAGE 6. APRIL 5, 2009 . PARADE
DEPARTMENT OF DEVELOPMENT
Planning & Zoning Division
Memorandum No. PZ 09-017
TO: Quintus Greene, Development Director
FROM: Hanna Matras, Senior Planner --;J1f- /' U
Through: Michael Rumpf, Planning and Zoning DirectJJ!.
DATE: March 26, 2009
SUBJECT: Proposed establishment of a Complete Count Committee:
preparation for Census 2010
In preparation for the 2010 Census, the US Census Bureau is encouraging communities
throughout the country to form Complete Count Committees. A Complete Count
Committee (CCC) can be established by state and local governments and lor
community leaders to increase awareness about the Census and to address any
concerns and fears - usually about the privacy and confidentiality of data - that the
residents may have. Such fears need to be alleviated, thus assuring the most complete
population count possible. "Undercounts" are often common in areas with high number
of recent immigrants and non-English speaking persons, gated communities as well as
high crime areas.
A CCC established by a local government is usually led by the highest elected official,
who then may appoint representatives from a cross-section of the community, including
persons from the areas of education, media, business, religion and neighborhood
organizations. The "Complete Count Committee Guide", published by the US Census
Bureau, includes sample activities and useful suggestions for a CCC workplan. Staff
would assist with both the preparation and the implementation of such a workplan.
It is in the City's best interest to have as full and accurate as possible count of its
residents. Population is linked to revenue, as intergovernmental revenue sharing
formula uses population figures to calculate municipal share of sales taxes. Population
figures are used in the Community Development Block Grant allocation formula; also,
access to certain types of grants may depend on population. It has been estimated that
every uncounted person costs the community - state and local government and other
recipients of federal funds - about $1,000. Moreover, availability of accurate
demographic data is an important factor in economic development.
Please note that the Census 2000 population count for the City showed 3,770 more
persons than the Bureau of Economic and Business Research (BEBR) of the University
of Florida's estimate for that year. This example shows the deficiencies in the methods
used by BEBR for its annual estimates, which are "official" population figures for
Boynton Beach.
The City has been an active participant in Census 2010 preparations. Staff completed
the LUCA (Local Update of Census Addresses) project, and has recently been reviewing
Census geography boundaries with the Palm Beach County Census team.
The 2010 Census questionnaires will be mailed or delivered to households in February
and March of 2010 ( April 1st is the "Census Day"). The CCC activities in 2009 may
involve setting up of initial community meetings, placing Census banners in highly
visible public locations, and placing Census messages in water bills. Additional
promotional activities would be scheduled between January and March of 2010,
particularly during the mailout period.
Given the importance of achieving a full count of the City's residents, Staff recommends
that a Complete Count Committee be established.
G:\Census 2010\2010 Census Memo.doc
~ --r ~ l~' i ~.. i OUR HANDS
I I .:J II '\I
!
2010 Census Partnership Agreement Form
Thank you for becoming an official 2010 Census partner! The U.S,
Census Bureau appreciates your support in ensuring the success of this
monumental effort.
Your support as a 2010 Census partner is important. Here's why:
... Every year, more than $300 billion in federal funds are awarded to states and
communities based on census data. That's more than $3 trillion distributed over a
10-year period.
" Census data guide local decision-makers in important community planning efforts,
including where to build new roads, hospitals and schools.
~ Census data affect your voice in Congress. The census determines how many seats each
state will have in the U.S. House of Representatives as well as the redistricting of state
legislatures, county and city councils, and voting districts.
The goal of the Census Bureau's partnership program is to combine the strengths of local
governments, community-based organizations, faith-based organizations, schools, media,
businesses and others. to ensure a complete and accurate 2010 Census. The Census Bureau
will provide promotional materials, regular updates and data assistance to partners to assist
in this effort. Together, through this partnership, we can ensure the 2010 Census message is
delivered to every corner of the nation. Achieving a complete and accurate 2010 Census Is
in our hands.
United States-
USCENSUSBUREAU Census
2010
There are many ways your organization can get involved and support the 2010 Census:
'Please check actIVities In which you are Interested In participating.
'\j Use 2010 Census drop-in articles. messages and \1'Gse and distribute educational materia's
logos in newsletters. mailings, and other in-house 0articIPate In a speakers bureau fo' the 201('
communications (e-mail. Web site. etc )
'VAPpoint a liaison to work with the Census Bureau :::':ensus
'0rovlde a translator and/or translate 2010 Census
'/EncOUrage employees and constituents to materials
complete and mail their questionnaire. ~sue a public endorsement for the 2010 Census
\;,/ Display and/or distribute 2010 Census promotional and send an endorsement to members chapters
materials. or affiliates
Identify Job candidates and/or distribute and Place 2010 Census articles in your newspapers/
display recruiting materials. newsletters/magazines. Write census editorials.
-' Provide space to test job applicants and cover census events/programs Donate space
for census advertisements
Provide space to train new employees .~r 2010 Census PSAs and B-RolI, and cover
\7"Provlde space for Be Counted sites and/or ':ensus events/programs
Questionnaire Assistance Centers Engage regional and local chapters of your
Provide volunteers for census promotional events organization
V Put the 2010 Census on the agenda at meetings ~"- Prov!de speaking opportunities arrd exhibit space
and/or allow presentations by Census Bureau staff. at conferences or trade shows
VOrganize and/or serve as a member on a Participate in 2010 Census partnership kick-off
Complete Count Committee meetings
_.. Sponsor community events to promote ~9hli9ht key 2010 Census operational events In
participation in the 2010 Census newsletters or other publications
VAllow the Census Bureau to post your ~olunteer or partiCipate In Census Bureau-
organization's name on the 2010 Census Web site, sponsored events
\:/Link to the 2010 Census Web site from your Other -.-
organization's Web site.
We would like to acknowledge your organization as a partner for the 2010 Census. Please
fill out the Information below so we can keep you and your organization updated on what's
happening with the 2010 Census communications campaign. send you updates on relevant
events and activities and provide you with outreach materials.
Name: Name: Pedro M. Guilarte
Title: Title: Partnership Specialist --------.
Organization' Organization' US Dept of Commerce - Census Bureau
Phone: Phone: 561-667-7696 - -'-- --.--- --..
E-mail: E-mail: Pedro.M.Guilarte@census.gol/ .--.---.--...--
Signature: -~._~ Signature: .___.m___.__..._____. m' _ ___._._.m_._._._. .
Date: Date: ----. ~----._--- .- ..----~--
C:O~9'rattd2-~ticr,::, and tna.nk J/ou a;jatri TGt' b--;:ng an of+~};:t2; 20"0 :ens:~s par:;~':7;;' , CQ'2't~1~'!
tn~Gugn t!'1~5 ;:;-2H'7.::n<~f';:nq:::<_ "I'it9 can .ensure a cc~mpt~t.s' E!,nc ;~C-":_t!~ ::<>2' :~('.! :'':) '_'2ns':'
U .-"~. C NS 5 B U ' . E U CerlSUS
2010
V.ADMINISTRATIVE
ITEM A.
Pyle, Judith
,.._.__,,____.~~___~___'_~'''_~~_~___.>_,^^_~_____.~.~_.__.^".~,__^__._..'_..~,__,_,___.,..._'^_..._~_,__..__.w,__~__,._~_."~'_,,_,,_~_.._.,__'__'_'~"__.....,______
From: Lyons, Thelma
Sent: Thursday, June 11, 20097:08 AM
To: Prainito, Janet; Pyle, Judith
Cc: Cherry-Guberman, Catherine
Subject: FW: Resignation
Janet:
Please see below the resignation of Paula Melley, regular member of the Community Relations
Board.
Thank you,
Thelma Lyons
Crime Prevention Unit Liaison
Boynton Beach Police Department
Office: (561) 742-6029
Cell: (561)436-1220
Fax: (561) 742-6866
Emai/: lyonst@ci.boynton-beach.fl.us
...
From: pau la@melleyconstruction.com [mailto: paula@melleyconstruction.com]
Sent: Wednesday, June 10, 20098:14 PM
To: Kahn, Stephanie; BMiller947@aol.com; Lyons, Thelma; Rodriguez, Jose; Taylor, Jerry
Subject: Resignation
June 10, 2009ATIN: Mayor Jern] T aylorCity of Boynton Beach
100 E Boynton Beach Blvd.
P.o. Box 310
Boynton Beach, FL 33425-0310
561-742-6010
561-742-6011 ({ax)
email: t~'JlqJ:'j@hbH.'lJsCC: Brian Miller, Community Relations Board Chair/Thelma Lyons, Community
Relations Board City Liaison Dear Mayor T aylor,It is with sincere 8ratitude that I respectfully resi8n my position
as a member of the Communih] Relations Board. In the wake of the arrival of my twin sons, I have made the
decision to concentrate my eHorts at home and feel that remainin8 on the board would be a disservice to our
community b\j not devotiD8 m\j full attention to this commitment. I know there are other members of the
communit\j who would welcome the opportunit\j to serve in this capacity, and even some alternates currently that
would love to serve as an active board member. I sincerely hope that I will be able to volunteer my services in the
future when life?s responsibilities allow. Thank you lor the opportunit\j to serve the city of Boynton.Warm
Re8ards, Paula Melley 720 Mariners Wa\jBo\jnton Beach, FL 33435
-----Original Message-----
From: Kahn, Stephanie [mailto:KahnS@bbfl.us]
Sent: Tuesday, May 19, 200902:23 PM
To: 'Bergman, Wayne', 'Brian Miller', 'Byrne, Nancy', 'Floyd Zonenstein', 'Immler, Matt',
6/11/2009
ell: (.'
'Joyce Mura', 'Lloyd McCoy', 'Lyons, Thelma', 'Paula Melley', 'Phyllis Stern', 'Rodriguez, Jose
'Rumpf, Michael', 'Springer, Diane', 'Stanley Sorgman', 'Stephen Waldman.. Chair EY!\8'
'Tucker, Patricia'
Subject: Minutes of Community Relations Board Meeting of May 13, 2009
For your review.
Best regards,
Stephanie D. Kahn
Recording Secretary
hill nnnq
V. ADMINISTRATIVE
ITEM B.
APPLICANT ELIGIBLE FOR APPOINTMENT 07/07/09
Last Name First 1st Choice 2nd Choice 3rd Choice
Name
Anton Steve Arts Com
Farrington John Veterans
Commission
Gresh Thomas Recreation &
Parks Bd.
*Scantlan Don Veterans
Commission
Young Jean Senior Advisory
Bd.
* Donald Scantlan is requesting to be moved up from an alternate to a regular member when a vacancy arises.
NOTE:
Cemetery Board has only one alternate position that is also open.
18/2009 11 :03 AM
. . ,CC\WP\BOARDS\APPMENTS\Board Year 2009\Applicants Eligible for Appointment 07-07-09.doc
1
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACI ITEM 8.1
AGENDA ITEM REQUEST F01~._ Q
c:> n~
\.0 =i~
c.... -<e;'
c: ,,) "1
Requested City Date Final Fonn Must be Date Final Fonn Must be Date Final Fonn Must be;- ;-00
Commission Meetin~ Turned in to City Clerk's Turned in to Legal Turned in to Procurementn l'lb
"7J~
Dates Office =-.t~ _
.~
X July 7, 2009 June 15,2009 June 10, 2009 June 8, 2009 ~ cn-l
00
~- ..."it:
0 July 21,2009 July 6, 2009 Julv 1, 2009 June 29, 2009 .. ~
-
-.. ~
[J August 4, 2009 July 20, 2009 July 15,2009 July 13,2009 mt')
::t:
[J August 18, 2009 August 3, 2009 July 29, 2009 July 27, 2009
0 Announcements/Presentations 0 City Manager's Renort
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM X Consent Agenda 0 Le\!al
0 Code Compliance & Legal Settlements n Unfinished Business
0 Public Hearin\! 0
RECOMMENDA nON: Approve the purchase of an Emergency Traffic Signal through Palm Beach County Traffic
Engineering Division, for the construction and installation of a signaling device for Fire Station #4 at 1919 S. Federal
Highway for a price not to exceed $156,491.40 (includes a 20% contingency).
EXPLANA nON: The installation of this signal has been significantly delayed since Fire Station #4 opened in 2005,
which has resulted in delays in response times as well as many near miss accidents with the general motoring traffic on
South Federal Highway as the Fire and EMS vehicles exit the station on emergency responses. With the right-of-way
finally secured and the design work completed by the county, it is imperative that this signal be built and installed as
soon as feasibly possible.
PROGRAM IMP ACT: The purchase and installation of this Emergency Traffic Signal will significantly increase the
safety of the responding emergency units as well as the safety of the general motoring traffic on South Federal
Highway when emergency vehicle are required to respond from this location. The use of this signal will also assist in
achieving lower response times to emergencies.
FISCAL IMP ACT: The cost of this project is estimated at $156,491.40 (including 20% contingency) as stated in the
attached letter from the Palm Beach County Traffic Engineering Department. The funding for this project will come
from the current CIP budget account #305-4118-580-62-01.
ALTERNATIVES: No~rOVing this purchase, which will continue to present a significant risk to all traffic on
South Fed~l Highw~ uring ti es of emergency response from Fire Station #4.
,~-, l,f 24,C; ~
D City Manager's Signature
Public Affairs A"i<tant to City Ma:~
Department Name ~~~
Purchasing Agent
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
April 30, 3009
Dave Kelley, Jr., P.E., PSM
Department of Engineering City of Boynton Beach
and Public Works 100 East Boynton Beach Boulevard
PO Box 21229 Boynton Beach, Florida 33425-0310
West Palm Beach. FL 33416-1229
(501) 684-4000 RE: BOYNTON BEACH FIRE STATION # 4 & FEDERAL
wwwpbcgov com HIGHWAY (U.S. 1)
I PALM BEACH COUNTY INTERSECTION # 47605
I
. Dear Mr. Kelley:
I
i Attached you will find a copy of the bid tab showing the cost
Palm Beach County I
Board of County breakdown for the traffic signal at the referenced intersection. ,A,s
Commissioners shown on the bid tab the estimated cost for the construction of this
Jeff Koons, Chairman signal is $156,491.40, which includes 20% contingency.
I
Burt Aaronson. Vice Chairman Please forward a letter from the City of Boynton Beach, addressed to
I
Karen T Marcus Dan Weisberg, P.E., Director of the Traffic Division, committing for
the payment of the signal construction cost.
Shelley Vana
Once we receive the letter of commitment and the approved FOOT
Jess R. Santamana permit, we will release this signal for construction. Please be advised
our contractor has seven (7) months to complete the construction,
Addie L Greene once the project has been released for construction.
Sincerely,
County Administrator ~.'"
} ~' '" --- Il....---,...~.,.."
Robert Weisman J^J(.' "" ~-I;~
'. /
Fatmeh (Fa '''''sh) N. Jafar, P.E., Ph.D.
Signal Des' n Engineer - Traffic Division
}lalml:f'.1I II i lIf!!lh FNJ:jrs
j~.WJ .:mm
, Attachment: Bid Tab
.
~ cc: Dan Weisberg, P.E, Director - Traffic Division
. ,
File: Intersection - #47605
N:\TRAFFIC\Signals\Projecls\4 7605_BBFS4 & US 1 \Bid- Tab-CostBreakdown, doc
~i'1 n Equal OpporflJmf;V
A[firmmil'e ?fer/on Emp/o.ver-
@ printed on recycled paper
-- -.---. - ~- -- ~ - --. -
PBCBCC-TRAFFIC DIVISION LSTI- Bid TabUlationl
2300 N. JOG ROAD
W.P.B.. FL. 33411-2745
Phone: (561) 684-4030 Fax: (561) 478-5770
DATE: 4/29/2009 CONTRACT NO.#:
ImRSECTlON: Boynton Beach Fire Station # 4 I
t.-nRSECTlOI 10.# 47605
ITEM NO.# PRODUCT NAME DTY PRICE LINE
TOTAL
--.".. ---- -.__._~----_. - ._~--_. --.. -----., - -.-. - ----" ~ ---
102-1-A GENERAL MAINTENANCE OF TRAFFIC 8 $131.00 $1,04800
-- -.- -. ___._._ ,__,.' __ .._. _ ,.u __ _"__'__'__'___ . - -...--.-. -------
630-1-11-2 2" GAL V. IMC. ABOVE GROUND CONDUIT 20 $25.70 $514.00
---.. .. __"__" _.....__ ....._"._h_'_ . u _..~____.__ - ._ ___ u__
630-1-12-2 2" PVC (SCH 40) UNDERGROUND CONDUIT 20 $6.10 $122.00
_"_._n..,. ~,_._._ _. .____. .- ------ "- -- -. -- . -,-- - - ----
630-1-13-2-1 1-2" (HDPE SDR 11) UNDER PAVEMENT CONDUIT 20 $12.30 $246.00
__ _(~R~CTION~.l:-_!30RE)__ _ _.. __ . _ _____
630-1-13-2-2 2-2" (HDPE SDR 11) UNDER PAVEMENT CONDUIT 200 $1630 $3,26000
_ ____ _ (DIREC~I?NALBORE) _ ___ - -..
630-1-13-2-3 3-2" (HDPE SDR 11) UNDER PAVEMENT CONDUIT 100 $20.30 $2,030.00
(DIRECTIONAL BORE) ---
- - ..- .... .. ..__P-- .- -.
632-7-1-1C SIGNAL CABLE (SPAN LENGTH: 351' - 450') 1 $1,452.00 $1,452.00
,'.. .--.--.-- _._,- ."," - .-.--- '-.. "---- -._-. ---- -
632-7-1-4 PEDESTRIAN SIGNAL CABLE - 4 CONDUCTOR 1 $1,018.00 $1.018.00
_._-----~- . __ .n_ .__._. _ _ _ _ _ ___.n - ---- --
635-1-15A PULL BOX (30" x 48" x 24"0) HEAVY DUTY COVERS 1 $1.078.00 $1.078.00
_.__.__.n .__ _..___.____, ._
635-1-15B PULL BOX (17" x 30" x 12"0) HEAVY DUTY COVERS 7 $462.00 $3,234.00
--. .. u_____u _ ._ .. ... ... ._.. _ .__ __ -_ ., _. _._ -- .- -- -
639-1-23 ELECTRICAL POWER SERVICE (UNDERGROUND) 1 $854.00 $854.00
._---~- ....--- -.'._---,- ..,.-----,.. n"_ ~__' --~-- -
639-2-1 ELECTRICAL SERVICE WIRE 75 $090 $67.50
___.'n .----- "-. -. -..--.---......,.-.- "-- ----'.. ---'-" .---- ---
641-1 GUYING CONCRETE STRAIN POLES 1 $524.00 $524.00
------.- ._a.__ ---- -~-_.- -~-.,. . -._.._~- . -~. ----.-
650-51-311 TRAFFIC SIGNAL HEAD ALUMINUM (3-SECTlON. 1-WAY) 9 $852.00 $7,66800
----....- --- -- . -.--....-- ..--- '- - - . ---
665-11 PEDESTRIAN DETECTOR (PUSH BUTTON) 2 $107.00 $21400
-.' ----,----- ---- - ----- . . ".- ---- -- -_._-
670-5-110 TRAFFIC CONTROLLER ASSEMBLY (TYPE 5) AS PER 1 $16,980.00 $16.980.00
NAZTEC
-- . ._____._ _u_+_.. - -.-- --
PBC-D&I DESIGN & INSPECTION 10 $1,00000 $10,00000
._... ----.-.. ,>..-.--. -. ---- -- ----" -.
649-31-101 MAST ARM ASSY D1-S1: 36' 1 $22,300.00 $22,300 00
- ----- .. --- .--
649-31-102 MAST ARM ASSY D3-S2: 46' 2 $28.900.00 $57,80000
Page 1 of 2
DATE: 4/29/2009 CONTRACT NO.#:
INTERSECTION: Boynton Beach Fire Station # 4
INTERSECTION NO..# 47605
ITEM NO.# PRODUCT NAME OTY PRICE LINE
TOTAL
TOT AL: $130.409.50
Comments: 20% Contingency = $26.081.90
Total = $156,491.40
Page 2 of 2
VI.-CONSENT AGENDA
ITEM C.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Turned in to City Clerk's Turned in to Legal Turned in to Procurement
MeetinQ Dates Office
~ Julv 7, 2009 June 15, 2009 June 10,2009 June 8, 2009
0 Julv 21,2009 July 6, 2009 July 1,2009 June 29, 2009
0 August 4, 2009 Julv 20, 2009 July 15, 2009 July 13, 2009
0 AUQust 18, 2009 August 3, 2009 July 29, 2009 July 27, 2009
0 AnnouncementslPresentations ~ City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Motion to authorize and execute by resolution two (2) Conditional
Permit Agreements that have been reissued by Lake Worth Drainage District (LWDD). The
Conditional Permit Agreements are between the L WDD and the City of Boynton Beach in support
of the City's construction of the new regional force main.
EXPLANATION: On August 19,2008, the City Commission authorized and executed the original
permits with L WDD under Resolution R08-088. L WDD informed the City that we needed to
apply for permit extensions and pay a permit extension fee. In April 2009, the City furnished
L WDD with the permit extension fees ($200.00 for each permit) and now L WDD has reissued the
Conditional Permit Agreements for the City's authorizing signatures.
PROGRAM IMPACT: The L WDD Conditional Permit Agreements are necessary to allow the
City to construct several portions of the new regional force main in the L WDD canal right-of-
ways. The L WDD canal right-of-ways covered by these two (2) Agreements are for the E-4 and L-
30 aerial crossings.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMP ACT: The L WDD permit extension fees were paid from Utilities account #406-5000-
590-96-03 SWRl14.
AL TERNA TIVES: Although there are alternative force main routes available, the one selected is
the most direct and will provide the City with the most cost effective construction option.
Therefore, r WDD Conditional Permit Agreementll must he authorized.
/ . ) ~~
I I. C .... '.
~ ~~-'- ~ I ..
'" ~U~~ >.--...--.--
Kofi Boateng, P.E. City Manager's Signature I...
Utilities Director ~~
Assistant to City Manager
Utilities
Department Name City Attorney / Finance
Attachments:
L WnD cover letter and two (2) original permit extension agreements for the E-4 Canal
L WnD cover letter and two (2) original permit extension agreements for the L-30 Canal
f!y-
be: Peter Mazzella, Deputy Director, Utilities
~Paul Fleming, PMP, Sr. Project Manager
Chris Roschek, P .E., Engineering Division Manager
Karen Riseley, CPPB, Contract Administrator
Barb Conboy, Manager Utilities AdminIFinance
Project File
S.\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R09- 089
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA,
5 AUTHORIZING THE MAYOR AND CITY CLERK TO
6 EXECUTE TWO CONDITIONAL PERMIT
7 AGREEMENTS THAT HAVE BEEN REISSUED BY
8 THE LAKE WORTH DRAINAGE DISTRICT IN
9 SUPPORT OF THE CITY'S CONSTRUCTION OF THE
10 NEW REGIONAL FORCE MAIN; AND PROVIDING AN
11 EFFECTIVE DATE.
12
13 WHEREAS, on August 19, 2008 the City Commission authorized the original
14 permits with Lake Worth Drainage District (L WDD) via Resolution R08-088; and
15 WHEREAS, L WDD advised the City that it needed to apply for a permit extension
16 and pay a permit extension fee; and
17 WHEREAS, the L WDD has reissued the Conditional Permit Agreements which are
18 necessary to allow the City to construct several portions of the new regional force main in the
19 L WDD canal right of ways.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACHJ FLORIDA, THAT:
22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25 Section 2. The City Commission of the City of Boynton Beach, Florida does
26 hereby authorize and direct the Mayor and City Clerk to execute the two Conditional Permit
27 Agreements which have been reissued between the City of Boynton Beach and Lake Worth
28 Drainage District, said reissued Conditional Permit Agreements being attached hereto as
i
!
I
i
I!
I 'EXhibits ""/\" and "B".
.., Section 3. This Resolution shall become effective immediately upon passage
-
~ PASSED AND ADOPTED this _ day of July, 2009.
-'
4
5 CITY OF BOYNTON BEACH. FLORIDA
6
7
_..__.._-~---~ ~-----_.."- -
8 Mayor~ Jerry Taylor
9
10 ---- ----_._--_.~--_.._--------
11 Vice Mayor ..... Woodrow 1.. Hay
12
13 ---~---_._----
14 Commissioner- Ronald Weiland
15
16 ---~-~-,_._.__.~" --,.-----
17 Commissioner. Jose Rodriguez
18
[9 .-------
20 Commissioner - Marlene Ross
21
12 ATTEST:
..,~
_J
24 -----"-
25 Janet M. Prainito, CMC
26 City Clerk
27 I
28
29 (City Seal)
30
II
I
LAKE tORTH DRAINAGE DISTRICT
AKE WORTH DRAINAGE DISTRICT
13081 Military Trail
Delray Beach, FL 33484-1105
(561) 498-5363 or 737-3835
Fax: (561) 495-9694
LWDD Permit No. 08-8512U.01
CPA No. 1140
Canal No. E-4
Board Approved: May 13, 2009
Page 1 of 5
CONDITIONAL PERMIT AGREEMENT - REISSUE
WHEREAS, the City of Boynton Beach, hereinafter called Permittee, has requested
from the LAKE WORTH DRAINAGE DISTRICT, hereinafter called LWDD, a temporary
Conditional Permit to construct and maintain the facility described on the attached Exhibit 'A',
subject, however, to the following conditions:
1. Permittee shall pay a non-refundable reissue fee in the amount of $200.00.
2. In the event it becomes necessary for LWDD to expand or further utilize its
facilities within its right-of-way, the Permittee shall after reasonable notice (the same not to
exceed sixty (60) days,) effect such removal of the permitted facility as LWDD may reasonably
require from time to time so as to allow and not delay LWDD canal or right-ot-way
improvements and further, the Permittee shall maintain in good safe operating condition the
facility permitted and involved herein.
3. This agreement may never be assigned without the written consent ot the LWDD.
4. Upon the full and complete execution of this instrument, LWDD acknowledges
receipt of payment and grants the requested Conditional Permit and Permittee agrees to effect
and complete, at no cost to the LWDD, the installation involved herein within six (6) months
from the date of this instrument.
5. Permittee may, at its sole expense, modify the facility involved and installed
herein under the condition that same does not unreasonably interfere with LWDD'S use of its
right-of-way and under the condition that the plans and specifications for such modification
have been approved in writing by LWDD. Such modification to be accomplished with no
further payment to LWDD.
6. No sampling points, corporation stops (air release valves), valve boxes or other
appurtenances will be permitted within the LWDD right-of-way unless specifically shown and
dimensioned on the plans and designed to withstand the normal and routine maintenance of
the LWDD.
7. Forty-eight (48) hour notice will be given to LWDD prior to the commencement of
construction activity.
8. Facilities backfilled prior to receiving LWDD approval will be uncovered for visual
inspection.
mawlsjwl08-8512U 01 CPA 1140 city of Boynton scpa reissue. doc Rev. 1.11.08
~AKE WORTH DRAINAGE DISTRICi CPA No. 1140
lWDD Permit No. 08-8512U.0'1
Canal No. E-4
Board Approved: May 13, 2009
Page 2 of 5
9. It is not the intention of this Permit Agreement to approve of the construction
methods for the installation of the herein approved utility crossing. It shall be the responsibility
of the Permittee's contractor installing the above described facility to maintain the continuous
uninterrupted free flow of water in the canal. It shall further be the duty of the Permittee to
obtain the approval of LWDD for any construction methods which would be contrary tc, the
above. The Permittee shall also be responsible for the installation of silt screens and/or
turbidity barriers as necessary to maintain the clarity of the water. FAILURE TO COMPLY
WITH WRITTEN NOTICE OF A VIOLATION OF THIS PARAGRAPH SHALL AFTER FIVE (5)
WORKING DAYS, AUTOMATICALLY VOID THIS CONDITIONAL PERMIT AGREEMENT
10. Each party shall be liable for its own actions and negligence and, to the extent
permitted by law, City shall indemnify, defend and hold harmless LWDD against any actions.
claims, or damages arising out of City's negligence in connection with this agreement and
LWDO shall indemnify, defend and hold harmless City against any actions, claims, or damages
arising out of LWOD'S negligence in connection with this agreement. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond or alter the limits set
forth in Florida Statutes Section 768.28, nor shall the same be construed to constitute agreement
by either party to indemnify the other party for such other party's, or any third party's negligent
willful or intentional acts or omissions.
11. The address appearing beneath the Permittee's signature shall, for notice
purposes, be considered as the permanent mailing address of said Permittee unless LWDO
has been notified of a change of address in writing.
mawlsjwlOB-B512U 01 CPA 1140 city of Boynton scpa reissue doc Rpl.;
LAKE WORTH DRAINAGE DISTRICT CPA No. 1140
LWDD Permit No. 08-8512U.01
Canal No. E-4
Board Approved: May 13, 2009
Page 3 of 5
LWDD ACCEPTANCE:
IN WITNESS WHEREOF, the parties hereto have hereunto set their hand(s) and seal(s) this
day of ,2009.
WITNESSES: LAKE WORTH DRAINAGE DISTRICT
By:
(1) Witness Signature President, Board of Supervisors
Murray R. Kalish
Printed Name
Attest:
(2) Witness Signature Secretary, Ronald L. Crone .:l'~
Printed Name 13081 Military Trail
Delray Beach, FL 33484-1105
LWDD NOTARIZATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and
county aforesaid to take acknowledgements, personally appeared MURRAY R. KALISH and
RONALD L. CRONE, the President and Secretary, respectively, of the LAKE WORTH
DRAINAGE DISTRICT, and that they severally acknowledged executing the same under
authority duly vested in them by said District and that the seal affixed thereto is the true seal of
said District.
WITNESS my hand and official seal in the county and state last aforesaid this _ day of
,2009.
NOTARY PUBLIC - State of Florida
Joann M. Aylor
My Commission Expires:
maw\sjw\08-8512U.01 CPA 1140 city of Boynton scpa reissue. doc Rev 1.11.08
LAKE WORTH DRAINAGE DISTRlr' CPA No. 1140
LWDD Permit No. 08-8512U01
Canal No. E-4
Board Approved: May 13.2009
Page 4. of 5
PERMITTEE ACCEPTANCE: (COMPLETE ALL INFORMATION)
...~._.~...,.,.._-,_.-
(1) Witness Signature Company or Agency Name
By: ---..._--
Printed Name Signature of Authorized Personnel
Printed Name and Title
(2) Witness Signature
._-
Business Mailing Address
----..-.-.-....--.
Printed Name Business Mailing Address (cont'd)
PERMITTEE NOT ARIZA TION
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared I the
of . He / She is personally known to me or
has produced as identification. and who did (did not)
take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this the_ day of ____
,2009.
Notary Public Notary Stamp or Seal
This permit is issued in duplicate. Please sign both copies and return both copies to LWDD for
signature. The permit is valid only after both the Permitter and Permittee have signed.
Construction in LWDD rights-of-way prior to receiving the executed permit is not allowed.
The Permittee must have a copy of the fully executed permit posted at the jobsite prior
to any construction. Failure to comply may result in the jobsite being shut down.
maw\sjw\08-8512U 01 CPA 1140 City of Boynton sepa reissue. doc Rev - b
LAKE WORTH DRAINAGE DISTRICT CPA No. 1140
LWDD Permit No. 08-8512U.01
Canal No. E-4
Board Approved: May 13, 2009
Page 5 of 5
EXHIBIT 'A'
To construct one 24-inch pile supported Force Main over the E-4 Canal 28 teet +/- North ot the
existing Mission Hill Road Bridge (Section 5, Township 46 South, Range 43 East) with a
minimum low member elevation at 15.18 N.GV.o. (1929) in the open channel areas at the E-4
Canal and a minimum depth at cover at 36-inches elsewhere in the E-4 Right-at-Way.
SPC: 239873.683N, 291914.317E
Said crossing is to be constructed as shown on the approved plans on tile at the offices at the
LWDD, designed, signed and sealed and submitted tor the City at Boynton Beach by James
W. Richie, P.E. at the Wantman Group, Inc. dated
Eng. Job No. 407667.01 (Sheets FM 12 & S-3 dated 04/06/08 & 06/09/08).
maw\sjwI08-8512U 01 CPA 1140 city of Boynton scpa reissue. doc Rev. 1.11.08
V!.~CONSENT AGENDA
CITY OF BOYNTON BEAc ITEM C.2
AGENDA ITEM REQUEST F'-'-L'-'.... 1",0 -'i~
L. -<6
c::
:z: 011
- ;-~
'''10
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must't1~ ,~-<
: ~:a::
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procure~ n-
Dates Office :Jt 0
[gJ Julv 7. 2009 June 15,2009 June 10, 2009 June 8, 2009 0 :l:
9:J
r... M
0 Julv 21. 2009 Julv 6. 2009 Julv 1. 2009 June 29. 2009 UII r ifl>
n
:I:
0 August 4. 2009 July 20, 2009 Julv 15,2009 Julv 13. 2009
0 August 18. 2009 Au!!:ust 3. 2009 Julv 29. 2009 Julv 27.2009
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve Resolution 09-_ requesting the assistance of Governor Crist and Florida Department
of Transportation Secretary Kopelousos to prioritize the Intercity Rail component of the FEC Corridor Project (from
JacksonviJIe to Miami) as part ofthe Federal Economic Stimulus Package for the State of Florida.
EXPLANA TION: The Treasure Coast Regional Planning Council (TCRPC) adopted a resolution in March of this year
urging Governor Crist and FDOT Secretary Kopelousos to prioritize the reintroduction of passenger transit on the FEC
corridor between Jacksonville and Miami. This project is essentially identical to the 2001 initiative negotiated between
Amtrak, FDOT, and the FEe. The TCRPC (Council) has been contacting local governments and other agencies and
organizations to adopt resolutions of support for the Amtrak/FEC Corridor Project. To date, the Council has received copies
of 34 resolutions and letters of support adopted by local governments and others along the coast (list of resolutions/letters
attached). The project will also be on the agendas of the Florida Association of Counties and Florida League of Cities. In
order to raise awareness and support for the project at the federal level, Council has initiated discussion with the
Congressional offices of John Mica, Corrine Brown, Robert Wexler, Alcee Hastings, Bill Posey, Tom Rooney, and Ron
Klein, as well as Amtrak and Rail America. Interest in re-establishing passenger service from JacksonvillelMiami has
escalated significantly, strengthened by the federal prioritization of expanded transit (high speed rail and other forms of rail
and transit) as part of the national transportation picture.
PROGRAM IMPACT: The project remains a key component of the state's transportation network, providing a new
north/south transit connection through urban areas. It also furthers the prospect of Tri-Rail's extension north into northern
Palm Beach County by constructing a CSX/FEC interconnection north of the WPB station. Many local governments and the
private sector along Florida's east coast are currently implementing programs to redevelop historic downtowns built around
train stations and in close proximity to the railroad. Rail transit is a key component to improved mobility, especially for the
workforce coming in and out of dense urban areas. The reintroduction of Amtrak service along Florida's east coast would
also provide near-term jobs and economic stimulus for Florida's residents and businesses, and increased usage of rail
transportation would reduce traffic congestion and the overall carbon footprint for the City of Boynton Beach.
FISCAL IMP ACT: None
AL TERNA TIVES: Do not approve proposed resolution.
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
'\
I ~,-""'
, ,
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City Manager's Signature
Assistant to City Manager m "~
Department Name City Attorney,' Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FURM.DUl
1 I RESOLUTION 09-DW
I
I
2 I
,
,
3 I A RESOLUTION OF THE CITY OF BOYNTON BEACH
4 I REQUESTING THE ASSISTANCE OF GOVERNOR CRIST AND
5 FLORIDA DEP ARTMENT OF TRANSPORT A TION
6 SECRETARY KOPELOUSOS TO PRIORITIZE THE
7 INTERCITY RAIL COMPONENT OF THE FEC CORRIDOR
8 PROJECT (FROM JACKSONVILLE TO MIAMI) AS PART OF
9 THE FEDERAL ECONOMIC STIMULUS PACKAGE FOR THE
10 ST A TE OF FLORIDA
11
12
13 WHEREAS, the FEC corridor was historically operated as a passenger rail line along
14 Florida's east coast, traversing or providing rail connections to urban areas like Boynton Beach;
15 and
16
17 WHEREAS, Florida's east coast historically developed around train stations along the
18 FEC railroad; and
19
20 WHEREAS, local governments and the private sector along Florida's east coast are
21 currently implementing programs to redevelop historic downtowns built around train stations; and
22
23 WHEREAS, improved mobility is highly desired in Boynton Beach and throughout the
24 State of Florida; and
25
26 WHEREAS, transit, including rail transit, is a key component of improved mobility,
27 especially between cities and throughout the Florida's east coast; and
28
29 WHEREAS, the 2006 Florida Rail Plan identifies passenger transit along the FEC
30 corridor as a potential "Coastal Route" for new passenger rail service in the State of Florida; and
31
32 WHEREAS, Amtrak is well-suited to provide passenger rail service along Florida's
33 east coast; and
34
35 WHEREAS, the reintroduction of Amtrak service along Florida's east coast would
36 provide near-term jobs and economic stimulus for Florida's residents and businesses; and
37
38 WHEREAS, the Federal Government is seeking appropriate projects for inclusion in
39 the Federal economic stimulus package to provide immediate and near-term job opportunities for
40 projects; and
41
42 WHEREAS, the Intercity FEC Corridor Project (Jacksonville/Miami) is an appropriate
43 project for inclusion by the State of Florida in the American Recovery and Reinvestment Plan; and
44
45 WHEREAS, former work by Amtrak and FOOT includes plans for the improvements
46 necessary to initiate Amtrak service on the FEC corridor;
1
,
I
I NOW THEREFORE BE IT RESOLVED THAT:
-,
,1
4 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as be1l1f'
5 true and correct and are hereby made a specific part of this Resolution upon adoption hereuf
6
7 Section 2: The City of Boynton Beach requests the assistance of Governor ('rist and
8 FDOT Secretary Kopelousos to prioritize the Amtrak/FEC Corridor Project (from Jacksonville t\.l
9 Miami) as part of the Federal economic stimulus package for the State of Florida.
10
1 1 Section 3. This Resolution shall become eflective immediately upon its passage.
12
13
14 PASSED AND ADOPTED this day of July, 2009.
15
16 I CITY OF BOYNTON BEACH
17 I
18
19 I
-~----~ ----~_._-
20 Mayor - Jerry Taylor
21
II
I'"
---'
24 Vice Mayor ~ Woodrow L. Hay
25
26
27
28 Commissioner - Ronald Weiland
29
30 I
31 I -_._._-~--_._--
"'I Commissioner - Jose Rodriguez
--'~
33
34
35
36 Commissioner - Marlene Ross
37 ATTEST:
38
39
40
41 Janet M. Prainito. CMe
42 City Clerk
43 I
44
45 (C orporate Seal)
46
I
~
,
INTERCITY RAIL COMPONENT (AMTRAK) ON THE FEC CORRIDOR
- - - -
ADOPTED RESOLUTIONS & LETTERS OF SUPPORT (AS OF 6/1/2009)
COUNTY RES # DATE
- - ADOPTED
1 Boca Raton, City of PALM 54-2009 14-Apr-09
BEACH
2 Business Development Board of Martin MARTIN 09-0506 8-May-09
County
3 Delray Beach, City of PALM 19-09 21-Apr-09
BEACH
4 Delray Beach CRA PALM 09-02 28-May-09
BEACH
5 Economic Council of Martin County MARTIN 09-2009 26-May-09
6 Flagler County Government (BOCC) FLAGLER 2009-24 27-May-09
7 Flagler County Palm Coast Homebuilders FLAGLER 09-01 7-May-09
8 Fort Pierce, City of ST LUCIE 09-25 6-Apr-09
9 Gulf Stream, Town of PALM 009- 2 9-Apr-09
BEACH
10 Hobe Sound Chamber of Commerce MARTIN 09-X May-09
11 Hypoluxo, Town of PALM 09-371 15-Apr-09
BEACH
12 Indian River Chamber of Commerce INDIAN 09-5 May-09
RIVER
13 Juno Beach, Town of PALM 09-5 22-Apr-09
BEACH
14 Jupiter, Town of PALM 16-09 7-Apr-09
BEACH
15 Greenacres, City of PALM 2009-15 I-Jun-09
BEACH
16 Malabar, Town of BREVARD 09-2009 18-May-09
17 Martin County Government (BOCC) MARTIN 09-5.34 19-May-09
18 Martin County MPO MARTIN letter 18-May-09
19 Martin County Convention & Visitors' MARTIN 09-5-6- 22-May-09
Bureau 2009
20 Melbourne, City of BREVARD 3060 12-May-09
21 North Palm Beach, Village of PALM 2009-29 9-Apr-09
BEACH
22 Palm Beach County OEDP Committee PALM 4-Jun-09
BEACH xx-xx
23 Palm Beach Gardens, City of PALM 54-2009 4-Jun-09
BEACH
24 Palm Beach MPO PALM 09-X May-09
BEACH
25 Realtor Assoc. of Martin County MARTIN 09-07 -05 7-May-09
26 Realtors Association of St. Lucie ST LUCIE 09-01 5-May-09
6/15/2009
27 Sebastian, City of INDIAN R-09-18 K-Apr-09
RIVER
28 Sebastian River Area Chamber INDIAN 09-003 26-May-09
RIVER
29 St. Lucie County Government (BOCC) ST LUCIE 09-123 14-Apr-09
30 St Lucie TPO ST LUCIE xx-xx 3-Jun-09
31 StuartlMartin Chamber MAR TIN 09-222 5-May-09
32 Stuart, City of MAR TIN 09-X 18-May-09
33 Vera Beach, City of INDIAN 09-] 3 7-Apr-09
RIVER
34 West Park, City of BROW ARD 2009-52 20-May-09
-,~-
RESOLUTIONS SCHEDULED FOR ADOPTION (AS OF 6/1/2009)
-,.-
1 Indian River County Government (BOCC) INDIAN June
RIVER
2 Indian River Shores, Town of INDIAN June
RIVER
3 Martin County Tourist Development Council MARTIN June
4 Palm Beach County Government (BOCC) PALM June
BEACH
5 Stuart Downtown Business Association MARTIN June
6 Stuart Community Redevelopment Agency MARTIN July
7 St Lucie County Chamber of Commerce ST LUCIE June
8 West Palm Beach, City of PALM June
BEACH
6/15/2009
THE FOllOWING ITEM Will BE PRESENTED
SEPARATELY:
IV. CONSENT AGENDA - ITEM C.3
Proposed Resolution No. R09-091
Re: Approving an interlocal agreement with the City
of Delray to submit a joint application for the
Neighborhood Stabilization Program 2 under the
American Recovery and Reinvestment Act 2009 in the
amount of $10,000,000.
THANK YOU.
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM C.3
AGENDA ITEM REQUEST FOR~.
Requested City Date Final Form Must be Date Final Form Must Date Final Form Must be
Commission Meetinq Turned in to City Clerk's be Turned in to Leqal Turned in to Procurement
Dates Office
~ July 7, 2009 June 15, 2009 June 10,2009 June 8, 2009
0 July 21,2009 July 6, 2009 July 1, 2009 June 29, 2009
0 Auaust 4, 2009 July 20, 2009 July 15, 2009 July 13, 2009
0 Auqust 18, 2009 Auqust 3, 2009 July 29,2009 July 27,2009
0 Annou ncements/ Prese ntatio ns 0 City Manaqer's Reoort
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Aqendq 0 Leqal
Code Compliance & Legal
0 Settlements 0 Unfinished Business
0 Public Hearinq 0
RECOMMENDATION: Staff recommends that Commission approve the adoption of Resolution R09-_
authorizing a Memorandum of Agreement between the cities of Delray Beach and Boynton Beach to
submit a joint application for the Neighborhood Stabilization Program 2 under the American Recovery
and Reinvestment Act, 2009 in the amount of $20,000,000.
EXPLANATION: Congress has appropriated additional neighborhood stabilization funds for the
purpose of assisting in the redevelopment of abandoned and foreclosed homes under the Emergency
Assistance for Redevelopment of Abandoned and Foreclosed Homes. The thresholds for applying for
this round of funding are stringent and in order to increase the chances of obtaining funding, it has
been determined by staff at both the City of Boynton Beach and City of Delray Beach that a joint
application be submitted. An applicant must have rehabilitated a minimum of 100 units within the
previous 24 months prior to the announcement of funding and must expend at least 50% of its award
within two years, and 100% within three years. By submitting an application jointly, both Boynton Beach
and Delray Beach become eligible to apply for funding.
The attached Memorandum of Agreement will establish the Delray Beach/Boynton Beach NSP2
Consortium which will implement a "Local Housing Trust Fund" to provide first and/or second mortgage
assistance utilizing NSP funds. The activity will take place in areas of the City of Boynton Beach and the
City of Delray Beach identified as "areas of greatest need," based upon mandatory criteria provided
by the U.S. Department of Housing and Urban Development (HUD).
PROGRAM IMPACT: Funds will be utilized in accordance with program requirements in order to
address the decline in property values based upon average sales prices, and reduce the number of
vacant or abandoned residential properties in targeted neighborhoods. All NSP-2 funds must provide
benefit to persons whose income does not exceed 120% percent of the area's median income and at
least 25% must be used for the purchase and redevelopment of foreclosed and vacant homes that will
be used to house individuals and/or families whose incomes do not exceed 50% of the area's median
income. Although there is a demonstrated need for assistance throughout the city, based upon HUD
criteria, city staff has identified neighborhoods in seven (7) census tracts including 57.01, 57.02, 58.09,
60.03, 60.2, 61.0, and 62.01. These tracts were chosen based upon HUD scoring, percentage of high
vacancy rates, high crime statistics and percentage of high cost loans. All of these statistics combined
S:\City Mgr\Administration\Carisse\Agenda Items 2009\Agenda Item-NSP2 Application 070709 rev2.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
indicate that these census tract areas haye a higher risk of additional foreclosures. Based on the $20
million requested allocation and the average NSP first mortgage of $180,000, it is estimated that a
minimum of 100 households will be assisted. According to the Memorandum of Agreement, the City of
Delray is authorized to act in a representative capacity for all the members of the Consortium as the
"Lead Member." The Funding Agreements between the City of Delray Beach as Lead Member and the
City of Boynton Beach as "Partner Agency" on behalf of the Consortium Partners will be executed no
later than December 1, 2009 and will come before the Boynton Beach City Commission for approval.
Boynton Beach Consortium Partners are identified as the Boynton Beach CRA and Boynton Beach Faith
Based CDC.
FISCAL IMPACT: The De/ray Beach/Boynton Beach NSP2 Consortium proposes to apply for
$20,000,000 in NSP-2 funding to be utilized in the following eligible categories:
. Financing Mechanisms: $18,000,000
. Program Management and Administration: $2,000,000
Funding is intended to Increase the median market values of real estate in targeted neighborhoods
which in turn will increase the city's tax base.
AL TERNA TIVES: Not to approve and authorize the Memorandum of Agreement and therefore not
jointly apply for funding with the City of Delray Beach. Should the City Commission not authorize the
joint application for funding, the City of Delray Beach and City of Boynton Beach would become
ineligible to apply for funding individually.
~'. ~
,
. 'I"~ '1"'~ -.J't ''''
City Manager's Signature
- ~ De art ent Head's Signature
Assist~o City Manager ~
Department of Development
Community Improvement Division ~ -
Department Name City Attorney / Finance
S:\City Mgr\Administration\Carisse\Agenda Items 2009\Agenda Item-NSP2 Application 070709 rev2.doc
Delray Beach/Boynton Beach NSP2 Consortium
Notice of Intent to Apply for NSP2Funding
The De/ra.v Beach/Boynton Beach NSP 2 Consortium is proposing to apply Neighborhood
S tabi lization Program 2 (NSP-2) funding under the American Recovery and
Reinvestment Act (ARRA), 2009. This is a competitive federal stimulus grant program
that is intended to assist in the redevelopment of abandoned and foreclosed homes. The
Delray Beach/Boynton Beach NSP2 Consortium will submit an NSP-2 program
application to the United States Department of Housing and Urban Development (HUD)
by the submission deadline of July 17,2009.
Funds will be utilized in accordance with program requirements to stop the decline in
targeted neighborhood home values. All NSP-2 funds must provide benefit to persons
whose income does not exceed 120% of the area's median income and at least 25% must
be used for the purchase and redevelopment of foreclosed and vacant homes that will be
used to house individuals and/or families whose incomes do not exceed 50% of the area's
median income. The targeted neighborhoods meet the threshold score mandated by
HUD, which is based on the estimated number and percentage of foreclosures as well as a
combination of the estimated foreclosure rate and vacancy rate. Based on HUD's
mandatory criteria, the Delray Beach/Boynton Beach NSP 2 Consortium has identified
neighborhoods in the following census tracts: 65.02, 66.04, 66.05, 67.00, 68.01, 68.02,
69.06,57.01,57.02, 61.00, 62.01,58.09,60.03, and 60.02.
The Delray Beach/Boynton Beach NSP2 Consortium proposes to apply for $20,000,000
in NSP-2 funding to be utilized in the following eligible categories:
. Financing Mechanisms: $18,000,000
. Program Management and Administration: $2,000,000
Citizens may submit comments regarding the proposed application and the Consortium's
proposed use of funds in writing to the City of Delray Beach, 100 NW 1 st A venue, Delray
Beach, FL 33444. Public comment wiU be accepted until July 13, 2009. In accordance
with the provisions of the ADA, this ad can be requested in an altemate format. Contact
the City of Delray Beach at 561-243-7282.
BOYNTON BEACH CENSUS TRACTS 2000
NSP2 PR<POSED T AR(fl AREAS
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1 RESOLUTION NO. R09-
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 BOYNTON BEACH, FLORIDA, APPROVING AND
5 AUTHORIZING THE MAYOR TO EXECUTE A
6 MEMORANDUM OF AGREEMENT BETWEEN THE CITY
7 OF BOYNTON BEACH AND THE CITY OF DELRAY
8 BEACH TO SUBMIT A JOINT APPLICATION FOR THE
9 NEIGHBORHOOD ST ABILIZA TION PROGRAM 2 UNDER
10 THE AMERICAN RECOVERY AND REINVESTMENT ACT,
11 2009 IN THE AMOUNT OF $20,000,000.00; PROVIDING AND
12 EFFECTIVE DATE.
13
]4
15 WHEREAS, Congress has appropriated additional neighborhood stabilization funds for
16 the purpose of assisting in the redevelopment of abandoned and foreclosed homes under the
17 . Emergency Assistance for Redevelopment of Abandoned and Foreclosed Homes; and
18 WHEREAS, due to the thresholds for applying for funding being so stringent and in
]9 order to increase the chances of obtaining funding; both the City of Boynton Beach and the
20 City of Delray Beach will submit a joint application; and
!
2] i WHEREAS, the Memorandum of Agreement will establish the Delray Beach/Boynton
22 Beach NSP2 Consortium which will implement a "Local Housing Trust Fund" to provide first
I
23 and/or second mortgage assistance utilizing NSP funds; and
24 WHEREAS, the City Commission of the City of Boynton Beach, upon
25 recommendation of staff, deems it to be in the best interest of the residents and citizens of the
26 City of Boynton Beach to approve and authorize the Mayor and City Clerk to execute the
27 Memorandum of Agreement between the City of Boynton Beach and the City of Delray Beach.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
30 Section 1. Each Whereas clause set forth above is true and correct and incorporated
31 herein by this reference.
1
I Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
2 approve and authorize the Mayor and City Clerk to execute the Memorandum of Agreement
3 between the City of Boynton Beach and the City of Delray Beach to submit a joint application
4 for the Neighborhood Stabilization Program 2 under the American Recovery and Reinvestment
5 Act, 2009 in the amount of $20,000,000.00; a copy of said Memorandum of Agreement is
6 attached hereto as Exhibit "A".
7 Section 3. That this resolution becomes effective immediately upon passage.
8
9 PASSED AND ADOPTED this ~__ day of July, 2009.
10 CITY OF BOYNTON BEACH, FLORIDA
11
12
13
14 Mayor, Jerry Taylor
15
16 --' -~
17 Vice Mayor - Woodrow L. Hay
18
19
--.--
20 Commissioner -.. Ronald Weiland
21
22
23 ATTEST: Commissioner - Jose Rodriguez
24
25
26 Commissioner - Marlene Ross
.--
27 Janet M. Prainito, CMC
28 City Clerk
29
30
31
32 (City Seal)
33
I
MEMORANDUM OF AGREEMENT
Consortium Partners for a Neighborhood Stabilization Program 2 (NSP2)
Grant Application
THIS AGREEMENT is made and entered into on this _ day of _, 2009 by and between
the City of Delray Beach, a municipal corporation organized and existing under the laws of the
State of Florida, herein referred to as the "Lead Member", and the City of Boynton Beach, a
municipal corporation organized and existing under the laws of the State of Florida, herein
referred to as the "Partner Agency" and other entities identified in Exhibit "A" (collectively
referred to as the "Consortium Partners"). The City of Defray Beach, City of Boynton Beach and
the Consortium Partners (collectively referred to as the "Consortium") agree to cooperatively
carry out the NSP2 program activities as described in the Grant Application submitted to U.S.
Department of Housing and Urban Development ("HUD") on or about July 14,2009 the terms of
which are incorporated herein by reference.
To establish and implement the NSP2 grant program activities, the Consortium Partners agree to
the following:
1. The City of Delray Beach is authorized to act in a representative capacity for all the
members of the Consortium ("Lead Member").
2. The City of DeIray Beach in serving as the Lead Member will assume overall
responsibility for ensuring that the Consortium's NSP2 Program is carried out in
compliance with all NSP2 requirements.
3. Consortium funding agreements ("Funding Agreements") between the City of Delray
Beach as Lead Member or with the City of Boynton Beach as Partner Agency for and on
behalf of the Consortium Partners will be executed no later than December 1, 2009. The
Funding Agreements will describe each Consortium Partners' specific activities under
NSP2 Program, including timetables for completion, and applicable requirements in
Appendix 1 of the NSP2 Notice of Fund Availability issued by HUD on May 4,2009.
4. The City of Delray Beach will assume all responsibility for environmental review,
decision-making, and action for proposed projects on behalf of the Consortium in
accordance with the requirements of24 CFR Part 58.
5. The Consortium Agreement specifically authorizes an internal audit function to be
performed by an internal auditor selected or appointed by the Lead Member.
6. This Agreement shall remain in effect until all NSP2 program activities are fully
executed and complete by all Consortium Partners.
The specific entities who are Consortium Partners and parties to this Memorandum of
Agreement are set forth on Exhibit "A".
1
In WITNESS WHEREOF, the undersigned have executed this Agreement the day and year first
written.
CITY OF DELRA Y BEACH ATTEST:
By: By:
Nelson S. McDuffie, Mayor City Clerk
Office of the City Attorney
Approved as to form
And legal sufficiency
By:
Date:
CITY OF BOYNTON BEACH
By:
Name:
Title:
CONSORTIUM PARTNER - VIA CITY OF DELRA Y BEACH
Delray Beach CRA
By:
Name:
Title:
CONSORTIUM PARTNER - VIA CITY OF BOYNTON BEACH
Boynton Beach CRA
By:
Name:
Title:
2
CONSORTIUM PARTNER - VIA CITY OF DELRA Y BEACH
Delray Beach CDC
By:
Name:
Title:
CONSORTIUM PARTNER - VIA CITY OF BOYNTON BEACH
Boynton Beach Faith Based CDC
By:
Name:
Title:
CONSORTIUM PARTNER - VIA CITY OF DELRA Y BEACH
Delray Beach Community Land Trust
By:
Name:
Title:
CONSORTIUM PARTNER - VIA CITY OF DELRA Y BEACH
Delray Beach Housing Authority
By:
Name:
Title:
CONSORTIUM PARTNER - VIA CITY OF DELRA Y BEACH
Habitat for Humanity - South Palm Beach County
By:
Name:
Title:
3
Exhibit" A"
CONSORTIUM PARTNERS
City of Delray Beach - Lead Member
City of Boynton Beach - Partner Agency
Delray Beach CRA -- Through the City of Del ray Beach
Boynton Beach CRA - Through the City of Boynton Beach
Delray Beach CDC - Through the City of Delray Beach
Boynton Beach Faith Based CDC - Through the City of Boynton Beach
Delray Beach Community Land Trust - Through the City of Del ray Beach
Delray Beach Housing Authority - Through the City of Delray Beach
Habitat for Humanity of South Palm Beach County - Through the City of Delray Beach
4
VI - CONSENT AGEND
CITY OF BOYNTON BEACH ITEM D.
AGENDA ITEM REQUEST FOE
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 April 21, 2009 April 6, 2009 (Noon) [8l June 16, 2009 June 1,2009 (Noon)
0 May 5, 2009 ApriI20,2009~oon) 0 July 7, 2009 June 15, 2009 (Noon)
0 May 19,2009 May4,2009(Noon) 0 July 21, 2009 Julv 6, 2009 (Noon)
0 June 2, 2009 May 18, 2009 (Noon) 0 August 4, 2009 Julv20, 2009 ONoon)
0 ~nouncernentsfPresentations 0 City Manager's Reoort
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 181 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Authorize the use of $1,000 from Vice Mayor Hay's Community Investment Fund to
assist the Museum of Lifestyle & Fashion History with renovations, construction and preparation of exhibits and
educational programs scheduled for display in the Boynton Beach Mall by the end of July 2009.
EXPLANATION: Commission approval is requested for allocation of $1,000 from Vice Mayor Hay to the
Museum of Lifestyle and Fashion History in order to prepare the Boynton Beach Mall space for occupancy by
the end of July 2009.
PROGRAM IMP ACT: Allocation of funds will assist the above program.
FISCAL IMPACT: (include Account Number where funds will come from) 001-1110-511-95-47
Funds are budgeted to these types of activities. Each Commissioner has $10,000 in Community Investment Funds
to allocate subject to Commission approval.
ALTERNATIVES: Decline to authorize the requested use. ~
Department Head's Signature City Manager's Signature
Public Affairs
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: June 8, 2009
Requested by Mayor/Commissioner: Vice Mayor Hay
Amount Requested: $1,000.00
Recipient/Payee: Museum of Lifestyle & Fashion History.
Description of project, program, or activity to be funded: to assist the Museum of Lifestyle &
Fashion History with renovations, construction and preparation of exhibits and educational programs
scheduled for display in the Boynton Beach Mall by the end of July 2009.
Dated: t / ,f/L> :7 By: ,.;;zf/~)):'A . L ,! ( L
. ,
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000.00. $5,700.00 has been used to date by the requesting Member,
leaving a balance of available funds of $4,300.00. This request would bring the available
amount down to $3,300.00.
Accordingly:
0 There are funds available as requested
o There are insufficient funds available as requested.
Dated:0/dt?7 BY~t<J, .;1 ..Q _._-
( ( Finance Director
Part 111- Eligibility Evaluation (to be completed by City Manager)
0 The proposed expenditure of funds will not result in improvement to private
property;
pr The recipient/payee provides services within the City of Boynton Beach:
0 The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents ofthe City: and
q/Proper safeguards will be implemented to assure that the public funds heing
appropriated will be used for the stated purpose.
'\
l
~ /]
J C f '1... C).. /' d'
Dated: W - .0 -- L/ , By:, ..~W~.
City Manager
S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 200S-2006\BLANK FORM REVISEDOS-
06.doc
~Museum of Lifestyle & Fashion History [i!1J~ ~
,.' p, O. Box 6127, Delroy Beach, FL 33482 - Phone: (561) 243-2662 - Fax: (561) 243-9916
. .: E m a j I: i n f 0 @ m I f h m use u m . 0 r g - w w W . m J f h m use u m . 0 r g ~i
t..Ausr.\.JNIc or L~t$TVt." &
June 5, 2009
Mayor & Commissioners
City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Dear Mayor, Commissioners and City Manager:
This letter is being sent to request your support of the Museum of Lifestyle & Fashion History which is being
donated 8,000 square feet of space at the Boynton Beach Mall in Boynton Beach, Florida.
Your consideration of a donation from your commission discretionary fund would greatly appreciated.
The owner of the Boynton Beach Mall has made an in-kind donation ofthe space for the Museum's occupancy.
However, the space is in need of minor renovations of the restrooms and the construction of exhibition walls as
well as painting before the Museum can open to the public. Funding and/or donation of material and labor are
~eded. Also, funding is needed for the exhibits and educational programs that are being scheduled for display
the space. The initial funds that are need to be raised is approximately $22,000 in order to get the space
ready for the Museum to occupy by the end of July.
Year 2009 marks the tenth anniversary of the Museum of Lifestyle & Fashion History. This non-profit is also
the only Museum in Palm Beach County that is approved to host traveling exhibitions from the Smithsonian
Institution of Washington. D.C. Therefore, in order for the Museum to meet the criteria to host certain
traveling exhibitions, the minor renovations are a necessity.
The Museum of Lifestyle & Fashion History also offers numerous outreach programs to children and has a
partnership with the Mathematics Department of the School District of Palm Beach County. The math program
consists of the infusion of mathematics into cultural arts exhibits, architectural design and interior design with
math applications such as counting, measurement, addition, subtraction and spatial relations.
Thank you so much for your time and consideration. If you have any questions or need additional information,
I can be reached at 561-243-2662 or e-mail: Durante@MLFHMUSEUM.org.
Sincerely,
Ton J. Durante, Executive Director/Chief Curator Enclosure:
useum of Lifestyle & Fashion History
Page 1 of 2 - Museum of Lifestyle & Fashion History - Request to City of Boynton Beach
Museum of Lifestyle & Fashion History
P.O. Box 6127
De1ray Beach, Florida 33482
Phone: 561-243-2662
Fax: 561-243-9916
MLFHMUSEUM.org
Line item of estimated Expenses for the minor renovations of the 8.000 square feet of space
General Contractor Services to pull permit: In-kind Donation already obtained
City of Boynton Beach Permit Fees: $500.00 (based on value of job at 2.3%)
Architectural Services $1 ,400.00 (discounted rate already confirmed)
Electrical: $2,000 (discount hope to be negotiated)
Plumbing: $2,000 (discount hope to be negotiated)
Restroom renovations (to replace decaying and broken fixtures): $2,000 (discount hope to be negotiated)
. neluding labor at discounted/donated rate)
Construction of permanent exhibition walls (supplies, labor): $5,000 (discount hope to be negotiated)
Installation/Set-up Phone system: $1,000
Installation of security system (camera & sound): $3,500
Furnishings for exhibit, education area & admissions counter: $5,000 (if some items are donated as requested)
Total: $22.400.00
Page 2 of 2 - Museum of Lifestyle & Fashion History - Request to City of Boynton Beach
Page 1 of2
Kendall, Kimberley
From: Welsh, Pam
Sent: Monday, June 08,200910:00 AM
To: Kendall, Kimberley
Subject: FW: Hi Comm. Hay - This request was sent to Mr. BressnerFwd: Commissoner's
Discretionary Fund
Attachments: MLFH - Boynton City Commissioners - Discrectionary fund request.doc
Please prepare paperwork to place on 6/16 Commission meeting.
Thanks
[fam WeL,ft
adm.i.ni6t1t.atiu.e ~"i6tant
eJhj ~'" 19tfia
561-742-6013
wJ.6ftp@MfL.lL6
,-~,---."-"'_._~~,,.,,--,.,,"-~.,_."',~~,,----,_.........
From: Bressner, Kurt
Sent: Monday, June 08,20099:46 AM
To: Welsh, Pam
Subject: FW: Hi Comm. Hay - This request was sent to Mr. BressnerFwd: Commissoner's Discretionary Fund
Please add to the agenda for 6/16.
Kurt Bressner, City Manager City of Boynton Beach, 100 E. Boynton Beach Blvd. P.O. Box 310,
Boynton Beach, FL 33425-0310 (561)-742-6010 (office) or (561) 436-2328 (cell) http://www.bovnton-
pS:<!<;;p,qrg
--------------------------- ------------ --------
..,."~~~-,-~____^__,~~""'..~_~""""_..,.~.~"~_~'~'~___..~___'"A~'.,.~."_~~~__..__.,.,.,~."..,..~..,...,.,..~.~_._~._~_
From: Hay, Woodrow
Sent: Monday, June 08, 2009 8:49 AM
To: Bressner, Kurt
Subject: FW: Hi Comm. Hay - This request was sent to Mr. BressnerFwd: Commissoner's Discretionary Fund
Good Morning Kurt,
I wish to contribute $1,000.00 of my discretionary funds to this cause, The Museum of Lifestyle
& Fashion History... I think the mall would be a great location for them...
Vice Mayor W. L. Hay
~,__.,__~~^_~._~.~."_~..~~....~__.,.~_~,.._._'..____'""'~~.~~___-~.-,...~.,._.v"'~__..~_v_......~ .~.~~_.~.......,~...~_"'~.~~~__,__~__"......,._~~_~,......__'p..^~..~...'.--.-~_.---.""..-""~
From: Lori J. Durante [mailto:durante@mlfhmuseum.org]
6/8/2009
Museum of Lifestyle & Fashion History
P.o. Box 6127
Delray Beach, Florida 33482
Phone: 561-243-2662
Fax: 561-243-9916
MLFHMUSEUM.org
Line item of estimated Expenses for the minor renovations of the 8.000 square feet of space
General Contractor Services to pull permit: In-kind Donation already obtained
City of Boynton Beach Permit Fees: $500.00 (based on value of job at 2.3%)
Architectural Services $1 ,400.00 (discounted rate already confirmed)
E 1 ectri cal : $2,000 (discount hope to be negotiated)
Plumbing: $2,000 (discount hope to be negotiated)
Restroom renovations (to replace decaying and broken fixtures): $2,000 (discount hope to be negotiated)
(including labor at discounted/donated rate)
Construction of permanent exhibition walls (supplies, labor): $5,000 (discount hope to be negotiated)
Installation/Set-up Phone system: $1,000
Installation of security system (camera & sound): S3,500
Furnishings for exhibit, education area & admissions counter: $5.000 (if some items are donated as requested}
Total: $22.400.00
Page 2 of 2 - Museum of Lifestyle & Fashion History - Request to City of Boynton Beach
~-
~. Museum of Lifestyle & Fashion History... t
P.O. Box 6127, Delray Beach, Fl 33462 . Phone: (561) 243-2662 - Fax: (561) 243.9916 ~c:1!
Email: info@mlfhmuseum.org - www.mlfhmuseum.org ~
~
f'.JlUS&.M C)f:' LfF:tS1"VL~ &
June 5, 2009
Mayor & Commissioners
City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Dear Mayor, Commissioners and City Manager:
This letter is being sent to request your support of the Museum of Lifestyle & Fashion History which is being
donated 8,000 square feet of space at the Boynton Beach Mall in Boynton Beach, Florida.
Your consideration of a donation from your commission discretionary fund would greatly appreciated.
The owner of the Boynton Beach Mall has made an in-kind donation of the space for the Museum's occupancy.
However, the space is in need of minor renovations of the restrooms and the construction of exhibition walls as
well as painting before the Museum can open to the public. Funding and/or donation of material and labor are
needed. Also, funding is needed for the exhibits and educational programs that are being scheduled for display
the space. The initial funds that are need to be raised is approximately $22,000 in order to get the space
ready for the Museum to occupy by the end of July.
Year 2009 marks the tenth anniversary of the Museum of Lifestyle & Fashion History. This non-profit is also
the only Museum in Palm Beach County that is approved to host traveling exhibitions from the Smithsonian
Institution of Washington. D.C. Therefore, in order for the Museum to meet the criteria to host certain
traveling exhibitions, the minor renovations are a necessity.
The Museum of Lifestyle & Fashion History also offers numerous outreach programs to children and has a
partnership with the Mathematics Department of the School District of Palm Beach County. The math program
consists of the infusion of mathematics into cultural arts exhibits, architectural design and interior design with
math applications such as counting, measurement, addition, subtraction and spatial relations.
Thank you so much for your time and consideration. If you have any questions or need additional information,
I can be reached at 561-243-2662 or e-mail: Durante@MLFHMUSEUM.org.
Sincerely,
Lori J. Durante, Executive Director/Chief Curator Enclosure:
lseum of Lifestyle & Fashion History
Page 1 of 2 - Museum of Lifestyle & Fashion History - Request to City of Boynton Beach
VI - CONSENT AGEND
CITY OF BOYNTON BEACl ITEM E.
AGENDA ITEM REQUEST FO~'-l.u.
Requested City Date Final Fonn Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 A ri121, 2009 [g1 June 16, 2009
0 Ma 5,2009 0 Ju) 7, 2009
0 Ma 19,2009 0 Jul 21,2009 Jul
0 June 2, 2009 0 Au ust 4, 2009 Jul
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrati ve 0 New Business
AGENDA ITEM [g1 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Authorize the use of $750 from Commissioner Ross' Community Investment Fund to
assist the Museum of Lifestyle & Fashion History with renovations, construction and preparation of exhibits and
educational programs scheduled for display in the Boynton Beach Mall by the end of July 2009,
EXPLANATION: Commission approval is requested for allocation of $750 from Commissioner Ross to the
Museum of Lifestyle and Fashion History in order to prepare the Boynton Beach Mall space for occupancy by
the end of July 2009.
PROGRAM IMP ACT: Allocation of funds will assist the above program.
FISCAL IMPACT: (include Account Number where funds will come from) 001-1110-511-95-47
Funds are budgeted to these types of activities. Each Commissioner has $10,000 in Community Investment Funds
to allocate subject to Commission approval.
ALTERNATIVES: Decline to authorize the requested use. ~ _
Department Head's Signature City Manager's Signature
Public Affairs Assistant to City M,"age~
-
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: June 9, 2009
Requested by Mayor/Commissioner: Commissioner Ross
Amount Requested: $750.00
Recipient/Payee: Museum of Lifestyle & Fashion History.
Description of project, program, or activity to be funded: to assist the Museum of Lifestyle &
Fashion History with renovations, construction and preparation of exhibits and educational programs
scheduled for display in the Boynton Beach Mall by the end of July 2009.
'j
It ..... I'. (1 , ,.,. .
Dated: 1,./[/. Uj By::;?,) I)' .'it .: (ft ,-'e
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000.00. $6,400.00 has been used to date by the requesting Member,
leaving a balance of available funds of $3,600.00. This request would bring the available
amount down to $2,850.00.
Accordingly:
~ There are funds available as requested
Q There are insufficient funds available as requested.
Dated: ~/"/O'1 BY~ p.J~
/ I Finance Director
Part 111- Eligibility Evaluation (to be completed by City Manager)
o The proposed expenditure of funds will not result in improvement to private
property;
~ The recipient/payee provides services within the City of Boynton Beach;
~ The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents of the City; and
~Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
.)
. r'. "_~ f. /\
Dated: 0- -C-I..; , BY:~~~Iv[nager '--..
S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
fI1t ~.
. Museum of Lifestyle & Fashion History. ~
P.O. Box 6127. Oel"y Beach. FL 33482 - Phon" (561) 243-2682 - Fox: (561) 243-9916 ~!
Email: info@mlfhmuseum.org - www.mlfhmuseum.org . ~
.' . ;
...
MUSlLN or l$m.;.TVtE' &
June 5, 2009
Mayor & Commissioners
City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Dear Mayor, Commissioners and City Manager;
This letter is being sent to request your support of the Museum of Lifestyle & Fashion History which is being
donated 8,000 square feet of space at the Boynton Beach Mall in Boynton Beach, Florida.
Your consideration of a donation from your commission discretionary fund would greatly appreciated.
The owner of the Boynton Beach Mall has made an in-kind donation of the space for the Museum's occupancy.
However, the space is in need of minor renovations of the restrooms and the construction of exhibition walls as
well as painting before the Museum can open to the public. Funding and/or donation of material and labor are
eded. Also, funding is needed for the exhibits and educational programs that are being scheduled for display
_.1 the space. The initial funds that are need to be raised is approximately $22,000 in order to get the space
ready for the Museum to occupy by the end of July.
Year 2009 marks the tenth anniversary of the Museum of Lifestyle & Fashion History. This non-profit is also
the only Museum in Palm Beach County that is approved to host traveling exhibitions from the Smithsonian
Institution of Washington. D.C. Therefore, in order for the Museum to meet the criteria to host certain
traveling exhibitions, the minor renovations are a necessity.
The Museum of Lifestyle & Fashion History also offers numerous outreach programs to children and has a
partnership with the Mathematics Department of the School District of Palm Beach County. The math program
consists of the infusion of mathematics into cultural arts exhibits, architectural design and interior design with
math applications such as counting, measurement, addition, subtraction and spatial relations.
Thank you so much for your time and consideration. If you have any questions or need additional information,
I can be reached at 561-243-2662 or e-mail: Durante@MLFHMUSEUM.org.
Sincerely,
)ri J. Durante, Executive Director/ChiefCurator Enclosure:
luseum of Lifestyle & Fashion History
Page 1 of 2 - Museum of Lifestyle & Fashion History - Request to City of Boynton Beach
Museum of Lifestyle & Fashion History
P.O. Box 6127
Delray Beach, Florida 33482
Phone: 561-243-2662
Fax: 561-243-9916
MLFHMUSEUM.org
Line item of estimated Expenses for the minor renovations of the 8.000 square feet of space
General Contractor Services to pull permit: In-kind Donation already obtained
City of Boynton Beach Permit Fees: $500.00 (based on value of job at 2.3%)
Architectural Services $1,400.00 (discounted rate already confirmed)
Electrical: $2,000 (discount hope to be negotiated)
Plumbing: $2,000 (discount hope to be negotiated)
Restroom renovations (to replace decaying and broken fixtures): $2,000 (discount hope to be negotiated)
'neluding labor at discounted/donated rate)
Construction of permanent exhibition walls (supplies, labor): $5,000 (discount hope to be negotiated)
Installation/Set-up Phone system: $1 ,000
Installation of security system (camera & sound): $3,500
Furnishings for exhibit, education area & admissions counter: $5,000 (if some items are donated as requested)
Total: $22.400.00
Page 2 of 2 - Museum of Lifestyle & Fashion History - Request to City of Boynton Beach
VI.-CONSENT AGENDA
ITEM F.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to Citv Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 April 21, 2009 April 6, 2009 (Noon) 0 June 16, 2009 June 1,2009 (Noon)
0 May 5, 2009 April 20, 2009 (Noon) IZI July 7,2009 June 1 5, 2009 (Noon)
0 May 19, 2009 May 4, 2009 (Noon) 0 July 21, 2009 July 6,2009 (Noon)
0 June 2, 2009 May 18, 2009 (Noon) 0 August 4, 2009 July 20, 2009 (Noon)
0 Announcements/Presentations 0
NA TURE OF 0 Administrative 0 New Business "'"
AGENDA ITEM IZI Consent A enda 0 Le al c::
.."...
0 0 - ,
Unfinished Business ;"11
0 0
::J: 0
02::
\0 '"'I',l.
.. ".$
~ -rrl
. . ~>
RECOMMENDATION: MotIon to approve the return ofa performance bond (m the amount of$283,883.00) for"Me M't;l
construction of the Boynton Beach MaIl- Muvico Theater facility. Our inspection at the one-year warranty period found th~
property in satisfactory condition.
EXPLANATION: Per the attached e-mail, the developer (Boynton-JCP Associates, LTD), has completed the one-year
warranty period and been satisfied for the construction of the facility.
PROGRAM IMPACT: NM
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
'I ,. < \ ,/"v ~
't. ;:: -/ ' I -J~2i
I j :'. - - tC...~' < /..1--:... 17:-..
/- f -j 't i /, . ,Department Head's Signature City Manager's Signature
\ j ,,-' f' ,- ( ',1..' !
. . . ... ( l. : ~
II Assistant to City Manager
,(
Public Works / Engineering Division
Department Name City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
!)agc
Kelley, David
From: Conley, Rosanna
Sent: Tuesday, June 09, 2009 1 :56 PM
To: Kelley, David
Subject: FW: Release of Bond / Boynton Beach Mall Muvico
Attachments: doc20090605155243.pdf
See copies on your desk.
Rosanna
From: cschneid@simon.com [mailto:cschneid@simon.com]
Sent: Tuesday, June 09, 2009 1:44 PM
To: Conley, Rosanna
Cc: mmalahtaris@dpipino.com; RGrabil/@Simon.com; jstal/sm@simon.com; MGrosh@simon.com
Subject: Release of Bond / Boynton Beach Mall Muvico
Attached please find a copy of the Performance Bond issued for the public improvements related to the
construction of the Muvico Theater at the mall. We believe the improvements are complete and request release
of the bond. The bond is due to expire on July 14 and we do not want to renew it unnecessarily. (Simon Property
Group is the parent company to Boynton-JCP Associates, L TO)
Please copy our bond underwriters on your reply. Thank you for your prompt review of this matter. Please call
me if you have any questions.
Mechelle Malahtaris, Underwriting Assistant
Donald P. Pipino Company, Ltd.
7600 Market Street, PO Box 3849, Youngstown, OH 44513-3849
Phone: 330.729.7157; Fax: 330.726.1891; Email: mmalahtaris@dpipino.com
Chuck Schneider
Simon Property Group
225 WEST WASHINGTON STREET
Indianapolis, IN 46204
317 -263-7961
317 -263-2333 fax
/ /1 ^ Jt")f\n{)
VI.-CONSENT AGENDA
ITEM G.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 April 21, 2009 April 6, 2009 (Noon) 0 June 16, 2009 June 1,2009 (Noon)
0 May 5,2009 April 20, 2009 (Noon) [gI July 7,2009 June 15,2009 (Noon)
0 May 19, 2009 May4,2009_(Noon) 0 July 21, 2009 July 6, 2009 (Noon)
0 June 2, 2009 May 18,2009 (Noon) 0 August 4, 2009 July 20, 2009 (Noon)
0 Announcements/Presentati ons 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM [gI Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Motion to approve the second reduction ofa performance bond in the amount of$667,575.98 for
Boynton Town Center and Boynton Village from $3,465,665.63 to $2,798,089.65. A letter dated June 5, 2009 requesting the
reduction is attached.
EXPLANATION: This request represents the progress completion of the on-going construction of the required
improvements to support the widening of Old Boynton Road. The remaining Letter of Credit will be held until the project is
completed or until it supports another reduction and will not be fully released until the one-year warranty period is complete.
PROGRAM IMPACT: NM
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
/( ! / /' :. ( ~~
. 'I .. , -:J I), L
/. t',.f '. I ~:.;.~/ . "- 7(:J1" .
~. ~'..... '. -
t.. /ry.( < ( Departmeb.t Head's Signature City Manager's Signature
.....~ / r ~,*..' ~ ,~ t, ( / J ~
l )
Assistant to City Manager
Public Works / Engineering Division
Department Name City Attorney I Finance
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
SSEMBLER
June 5, 2009
Mr. David Kelley
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
RE: Boynton Town Center and Boynton Village (Winchester Property);
Old Boynton Road Performance Bond Reduction #2 (Bond #104708962)
Mr. Kellev:
Sembler, aJk/a 1950 Congress Ave., LLC ("Owner") posted the above referenced Performance Bond
with the City of Boynton Beach in order to ensure construction of the Old Boynton Road Widemng
project. The original bond was previously approved for reduction by the City on 1114/08 based on the
final contract amount. Since that time, we have connnenced construction and completed a Significant
portion of the required work. Accordingly, we are hereby requesting that the City approve a
reduction in the amount of the bond commensurate with the value of the completed secuntlzed wok It'
date
I have attached (i) calculations supporting a reduction to the bond in the amount of$667,575.98, (Iii a
copy of the Contractor's most recent Pay Application identifying the work completed to date and (iii)
a copy of the City's prior Bond reduction approval.
In order for the surety to commence preparation of a Bond Reduction Rider, they WIll reqUlre an
acknowledgement by the City of its agreement to the above referenced reduction request. As such, Jl
you are in agreement with the proposed reduction, we request that you indicate as such in the space
provided below, or provide (as has been done previously) a separate acknowledgement on City
letterhead indicating your agreement.
Please let me know if you have any questions or comments relatrve to this matter
Respectfully,
:?
~~............
Mike Hagan
Director of Development
ACKNOWLEDGED AND AGREED
CIty of Boynton Beach
By: --
Print name:
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VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM H.
AGENDA ITEM REQUEST FORh.
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 April 21, 2009 April 6, 2009 (Noon) 0 June 16. 2009 June 1,2009ONoon)
0 May 5, 2009 April 20, 2009 (Noon) [gJ July 7, 2009 June 15, 2009(Noon)
0 May 19, 2009 May 4, 2009 ONoon) 0 July 21, 2009 July 6.2009 (Noon)
0 June 2, 2009 May 18,2009 ONoon) 0 August 4, 2009 July 20, 2009 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [gJ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: The City Commission requested a monthly report on the major projects being
completed by the Recreation and Parks Department.
EXPLANATION: The following is the status ofthe Department's major CIP projects.
PARK BUDGET AMOUNT STATUS
Barton Greenway $116,070 The IBI Group has completed the 60%construction plans which have
been sent to FOOT for review. 100% funded by FDOT. No City
funds required.
Boat Club $417,500 Penn its have been issued. Request for bid for contractors has been
sent to Procurement.
Congress A venue $2,900,000 Project on hold pending resolution of budget issues by the
Commission in July.
Hester Park $50,000 Project on hold pending resolution of budget issues by the
Landscaping Commission in July.
Jaycee Park $400,000 Bids were due on June 18. Bids are being evaluated.
Boardwalk
MeadowsfNautica $600,000 Request for contract approval was denied at the June 16 City
Commission Meeting.
Oceanfront Boardwalk $2,400,000 Pennitting being approved by ERM and OEP. Once approved (target
May 21), will present to the Town of Ocean Ridge City Council for
their approval in Julv 09. Target date for construction is Sept. 09.
Palmetto Greenway $400,000 The IBI Group has completed the 6O%construction plans which have
Extension been sent to FOOT for review. 100% funded by FOOT. No City
funds required.
Play Equipment $115,000 Play equipment for Oceanfront, Boat Club and Palmetto Green Parks
Replacement has been installed. Proiects are comolete.
Pence Park $100,000 Conversion of the softball field to a multipurpose field has begun.
Renovation Target completion date is August.
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT: Monthly update of major Recreation and Parks CIP program
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
)._,
.'- ~
~,.
"./ ~
City Manager's Signature
Assistant to City Manager Grw1-/
Recreation and Parks
-_._~~.--"
Department Name City Attorney! Finance
S \BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM I.
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must Date Final Form Must be
Commission Meeting Turned in to City Clerk's be Turned in to Leaal Turned in to Procurement
Dates . Office
rzI July 7, 2009 June 15, 2009 June 10,2009 June 8, 2009
0 July 21,2009 July 6, 2009 July 1,2009 June 29, 2009
0 Auaust 4, 2009 July 20, 2009 July 15, 2009 Julv 13,2009
0 Auqust 18, 2009 Auaust 3, 2009 July 29,2009 July 27,2009
0 Announcements/Presentati ons 0 City Manaaer's Reoort
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM rzI Consent Aqenda 0 Leaal
Code Compliance & Legal
0 Settlements D Unfinished Business
D Public Hearinq D
RECOMMENDATION: That the Commission consider far approyal the recommendations of the
Community Development Block Grant review committee for funding activities in preparation of the City
of Boynton Beach's One Year Action Plan for FY 2009/2010. The anticipated 2009/2010 Community
Development Block Grant allocation is $529,857. Previous years funding in the amount of $243,587 will be
reappropriated back into the program per Federal Regulations to complete this budget.
EXPLANATION: The City Of Boynton Beach is in its thirteenth year of receiving Federal Grant Funds. The
Acton Plan is being developed with activities listed that show how the use of these funds will address
the needs of the Community. Proposals were received as a result of public advertisement, with a
workshop held for the purpose of explaining the program and eligibility requirements. The following
represents the committee that reviewed the applications:
Beverly Agee - Attorney
Shirley Jaskiewicz Member of the City's Affordable Housing Advisory
Committee, Former City Commissioner, Retired
Teacher/Guidance Counselor
Lamont Robinson - Member of the City's Affordable Housing Advisory
Committee, General Contractor
PROGRAM IMPACT: The Community Development Block Grant (CDBG) Program's purpose is to help
the City of Boynton Beach meet the needs of its lower income residents by offering a wide range of
Community Development Activities. These include, but are not limited to, infrastructure improvements,
family development, public services, housing and recreational needs, as well as fund administration
by the City. Five proposals were received and evaluated by the committee and the results are as
follows:
Aid to Victims of Domestic Abuse, Inc. -To provide funding for one-half of the salary and benefits of an
intervention Specialist to work with children affected by domestic abuse to help them overcome their
fears and learn how to live in safety. The Intervention Specialist will conduct presentations in schools
designed to prevent domestic violence with a program that produces positive, measurable results, and
will provide individual and group counseling to children as needed.
Funding Request $15,000 Committee Recommendation $12,000 (*Public Service)
S:\Community Improvement\Agenda Requests\2009\CC 07-07 CDBGRecommendations.doc
City of Boynton Beach Jge L _J:
Agenda Memoranda Jly 7
Boynton Beach Faith-Based/R.M. Lee Community Development Corporations -- The Boynton Beau: hJitl-
Based CDC is a state recognized Community Housing Development Organization HODO
agency, and the RM Lee CDC have joined forces as one in an effort to make the biggest imoo\:
distressed neighborhood possible. As a combined agency, it proposes to continue to provide ... .J. J
support to the community and the City of Boynton Beoch by focilitating the intake process
affordable housing program, as well as other ongoing community development initiatives.
agency is requesting funding to provide saiaries for the Executive Director. Homeouyer COe-;; IseiCJ,
Project Manager, Administrative Assistant, and Youth Counselor. The agency is also in need 01 'I .-j.no
for consulting services for the merger.
Funding Request $217,995 Committee Recommendation $217.995
Community Caring Center (Public Service) - Agency requests funding to provide for staffing costs cmd
other administrative costs related to the program, i.e. utilities, mortgage assistance. insurance oncJ
accounting services. Agency provides mortgage and rent payments. medication assistonce. food and
food vouchers, and direct emergency social services to seniors, to name just a few
*Funding Request $55,000 Committee Recommendation $55,478 (*Public Service)
Community Caring Center dba "Ocean Avenue Green Market"- The Community Caring Center is
facilitating a not-for-profit cooperative/incubator/grocery store. The program includes creating
awareness & educating the public by involving the faith community and creating a business incubator
focusing on entrepreneurs whose businesses are related to the food industry.
Funding Request $50,000 Committee Recommendation $25,000 (Economic Development)
Fair Housing Center of the Greater Palm Beaches - Agency provides federally mandated fair hOUSing
education to private citizens, financial institutions, realtors, and homeowner and condo associations
Funding Request $10,000 Committee Recommendation $5,000 (Admin)
Summary:
Sub-grantee funding.... ......... ............................ ....... ................ ........ ............................................. ...............$3 i!J 4n
[Public Service funding of sub-grantees = 67.478J
Summer Camp Scholarships [*Public Service] ....................................................... . ....... .- ...., 2.:JUO
City of Boynton Beach Recreation Department
Planning & Grant Administration .............................................................................. ....... ...... .., .100'1 i
Rehabilitation Delivery .................................... ..,.. ...... ............... ........."... . . . .. ...... .. .". . ...... 145,000
Housing Rehabilitation......... ......................................................................................................... ...................200,000
TOTAL........................ .......... ........... ..............................................................................................,........... $773,444.00
FISCAL IMPACT: The City Of Boynton Beach expects to receive $529,857 for this program lC
continue its Community Development efforts. Twenty percent of the allocation can be used tOI
planning and administration of the program; a maximum of fifteen oercent ($79.478) con be used f)1
public service programs.
ALTERNATIVES: The City Of Boynton Beach would have to use ad valorem dollars, or discontinue ts
revitalization efforts.
S:\Community improvement\Agenda Requests\2009\CC 07-07 CDBGRecommendations.doc
City of Boynton Beach Page 3 of 3
Agenda Memoranda Ju.I\:~UIY 7, 2209
City Manager's Signature
Assistant to City Manager ~
Department of Development
Community Improvement Division
Department Name City Attorney / Finance
S:\Community Improvement\Agenda Requests\2009\CC 07-07 CDBGRecommendations.doc
A,id To Victims of Domestic Abuse, n(.
CATEGORIES/MAX POINTS BEVERl Y SHIRLEY LAMONT l
AGEE JASKIEWICZ ROBINSON I
1. Benefit to Low/Moderate Income Persons 5 0 ! 4 !
!
(National Objective Preference) ,
I
Maximum Points: + 5 1
2. Benefit to Target Area 10 10 9
Maximum Points: + 10 i
3a. Activity - Need 15 I 15 14
Maximum Points: + 15 I
3b. Activity/Justification 5 I 5 4 I
Maximum Points: + 5 i
4. Cost Reasonableness and Effectiveness 5 I 5 8 j
,
Maximum Points: + 10 I
5. Activity Management and Implementation ;
20 10 19
Maximum Points: + 20 i
6a. Experience :
10 10 9
Maximum Points: + 10 \
6b. Past Performance 10 10 I 9
Maximum Points: + 10 ,
7. Matching Contributions 20 10 15 !
Maximum Points: + 20 i
8. Self Sufficiency 0 -5 I -2
Maximum Points: .5 I :
9. Application Completeness 5 5 ! 4 f
Maximum Points: + 5 ,
TOTAL POINTS AWARDED 105 75 93
A verage Score = 91
s: \ ComrrmT'iitv 'Irr:I1::llfove:rnent\.~aehda iReauests\2009\CC07 -07 C08GRecornrr'l€'r1tdoti()n~ ,P,(}ctlrD .(1jn,
Boynton Beach Faith-Based/RM Lee
Community Development Corporation
CATEGORIES/MAX POINTS BEVERL Y SHIRLEY LAMONT
AGEE JASKIEWICZ ROBINSON
1. Benefit to low/Moderate Income Persons 5 5 5
(National Objective Preference)
Maximum Points: + 5
2. Benefit to Target Area 6 10 9
Maximum Points: + 10
3a. Activity - Need 10 15 15
Maximum Points: + 15
3b. Activity/Justification 5 5 4
Maximum Points: + 5
4. Cost Reasonableness and Effectiveness 2 10 8
Maximum Points: + 10
5. Activity Management and Implementation 15 15 14
Maximum Points: + 20
6a. Experience 10 10 9
Maximum Points: + 10
6b. Past Performance 10 10 9
Maximum Points: + 10
7. Matching Contributions 0 20 15
Maximum Points: + 20
8. Self Sufficiency -5 -5 -3
Maximum Points: -5
9. Application Completeness 5 5 4
Maximum Points: + 5
TOTAL POINTS AWARDED 63 100 89
A verage Score = 84
S:\Com~ly ,hnpl'O'Y'et!t1€!f1l\Agerroo ~'$:ts\~OO!Y\CC OlJ(}7 Cl)fl~~~liOO'$ iBad<t!II:M1OC
Community Carino Center
, '--'
CATEGORIES/MAX POINTS BEVERl Y SHIRLEY LAMONT I
AGEE JASKIEWICZ ROBINSON
1. Benefit to low/Moderate Income Persons 5 5 4
(National Objective Preference)
Maximum Points: + 5 !
2. Benefit to Target Area 10 10 9 !
Maximum Points: + 10
3a. Activity - Need 10 15 14
Maximum Points: + 15
3b. Activity/Justification 5 5 5 ~
Maximum Points: + 5 I
4. Cost Reasonableness and Effectiveness 5 5 10 !
Maximum Points: + 10 i
5. Activity Management and Implementation 17 20 19
Maximum Points: + 20
6a. Experience 10 10 9
Maximum Points: + 10
6b. Past Performance 10 10 9
Maximum Points: + 10
7. Matching Contributions 20 10 15
Maximum Points: + 20 !
8. Self Sufficiency 0 -5 -4 !
Maximum Points: -5 i
9. Application Completeness 5 4 4 I
Maximum Points: + 5
TOTAL POINTS AWARDED 97 89 I 94
A verage Score = 93
$:\ Communftv lmprovemeTlt\Aoot)oo~oovej;lj;\2aoo\ CC07QY7 CDBGRe('()mm""T'rClhl~i~h{P."'rl..,,"" ,,'i^~
Community Caring Center dba "Grocery store Incubator"
CATEGORIES/MAX POINTS BEVERLY SHIRLEY LAMONT
AGEE JASKIEWICZ ROBINSON
1. Benefit to low/Moderate Income Persons 5
(National Objective Preference)
Maximum Points: + 5
2. Benefit to Target Area 8
Maximum Points: + 10
30. Activity - Need 8
Maximum Points: + 15
3b. Activity/Justification 5
Maximum Points: + 5
4. Cost Reasonableness and Effectiveness 5
Maximum Points: + 10
5. Activity Management and Implementation 20
Maximum Points: + 20
60. Experience 10
Maximum Points: + 10
6b. Past Performance 10
Maximum Points: + 10
7. Matching Contributions 20
Maximum Points: + 20
8. Self Sufficiency 0
Maximum Points: -5
9. Application Completeness 5
Maximum Points: + 5
TOTAL POINTS AWARDED 96 0 0
Average Score = 32
'S:\Co~1fV ;~~veri"l'OOt\~ ~'S'I'S\~~\CX:: 1(;;7;4'7 CDiBG~~f,oo'S ~~.~
Fair Housing Center of the Greater Palm Beaches
I CATEGORIES/MAX POINTS ! BEVERLY I SHIRLEY I lAMONT "1
AGEE i JASKIEWICZ I ROBINSON
1. Benefit to low/Moderate Income Persons 5 I I 4
(National Objective Preference)
Maximum Points: + 5 I
2. Benefit to Target Area 10 I 9
Maximum Points: + 10 I ,
3a. Activity - Need 15 13
Maximum Points: + 15
3b. Activity/Justification 5 3
Maximum Points: + 5
4. Cost Reasonableness and Effectiveness 10 7
Maximum Points: + 10
5. Activity Management and Implementation 20 18
Maximum Points: + 20
6a. Experience 10 I 9
\
Maximum Points: + 10 I
6b. Past Performance 10 ! 9
i
Maximum Points: + 10 I
7. Matching Contributions 0 5
Maximum Points: + 20
8. Self Sufficiency 0 I -3 (
!
Maximum Points: .5 ,
9. Application Completeness 5 ! 4
Maximum Points: + 5 I
TOTAL POINTS AWARDED 90 0 78
A verage Score = 56
s: \Community :lmptovemen~\AgendG iRe'qoo'S"'s\~OO9\ CC D7,:07 CiD8'G'Recommerr<1Ol~k~n'~ RC!IriIr,.h ,...to.r
VI-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM J.
AGENDA ITEM REQUEST FORtu
,--;
Requested City Date Final Form Must be Requested City Date Final Form Mu e -...j
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City CIC(k's - "';..(
- 0
Dates Office Office c: -- ....,
- ,- cn
D A ril21, 2009 D June 16, 2009 C~'O
D 5,2009 ~ Jul
19,2009 D Jul Jul
D June 2, 2009 D Au Jul
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM ~ Consent Agenda D Legal
D Code Compliance & Le,gal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Motion to accept the attached "Analysis of Revenues & Expenditures (General Fund & Utility
Fund) for the Eight Months Ended May 31, 2009.
EXPLANATION: The attached report provides brief comments on actual revenues realized and expenditures incurred to
date as compared to the annual budgeted amounts for the General Fund and the Utility Fund.
PROGRAM IMPACT: This report is one of the financial reporting programs of the Department for the purpose of providing
interim financial information to the City Commission and City Management.
FISCAL IMPACT: The fiscal impact of the actual financial results to date is noted in the attached report.
ALTfLra;ri=~ndW ~em=~ilie C~ Cn~~innm~.
Department Head's Signamre ~
Assistant to City Manager r;nvL/
Financial Services C' A I~
Department Name tty ttomey mance
E:\Financial Reports\Monthly Financial Reports\Agenda Item Request - 8 Months May 3 1,2009 - OF & UF Budget Status.doc
CITY OF BOYNTON BEACH
FINANCIAL SERVICES DEPARTMENT
MEMORANDUM
TO: Kurt Bressner, City Manager ",()
'F
FROM: Barry Atwood, Finance Director
Tim Howard, Deputy Finance Director
Anthony Davidson, Budget Manage
Sue Moroney, Revenue Manager
DATE: June 15, 2009
SUBJECT: Analysis of Revenues & Expenditures (General Fund & Utility Fund)
Eight Months Ended May 31, 2009
We are providing this analysis of actual revenues and expenditures of the City's General Fund and Utility Fund for
the seven months ended May 31, 2009 (67% of the year) compared to the annual budget of each fund.
GENERAL FUND
FY 2009 revenues to date exceed expenditures by $8.9 million; down from $5.8 million at April 30. That compares
negatively to FY 2008 by $1.1 million to date when revenues exceeded expenditures by $6.9 million as noted in the
following summary.
FY 2009 Actual FY 2008 Actual
to Date to Date
Amount % Amount %
Revenues & Transfers $ 52,763 71% $ 50,935 72%
Expenditures - $(46,913) 63% $(43,963) 55%
Excess (Deficit) (5,047) - $ 5,850 $ 6,972
FY 2009 Revenues & Transfers above in the Annual Budget column includes a $4.630 million
appropriation of fund balance as a funding source in order to balance the budget for the full year.
Revenues & Transfers (Exhibit A) - We note certain revenues are still running behind the same period last year.
To date in FY 2009, General Fund revenues and transfers realized were $49.4 million (67%) of the original $73.9
million annual estimate. However, at the same point in FY 2008, realized revenues of $49.2 million were 72% of the
$68.4 million annual estimate. As a result, staff analyzed and projected annual estimates for all revenue sources.
. Exhibit A reports property tax collections of $32.2 million to date this year are 92% of the annual budget. This
compares slightly negative to the 93% collected at this same point last year. While we have not reduced our
estimate for the year at this point, we continue to monitor collections as we are now in the delinquent tax period
with $2.8 million remaining to collect.
. Based on a review of all other revenues for the first 8 months, we continue to project a revenue shortfall of
approximately $5.0 million for the current fiscal year. Major revenue variances to date resulting in the projected
$5 million revenue deficit are building permits down $3 million and State shared revenue down $0.5 million
Exhibit A displays the details of the projected difference for each revenue source.
We shall monitor revenues very closely in the remaining months this year especially property taxes, franchise taxes,
and state shared revenues.
Page 1 of 2 Pages
Expenditures (Exhibit B) - General Fund expenditures for the period were $46.9 million (63%) of the $73.9 million
annual expenditure appropriation. This represents an increase of $2.9 million compared to FY 2008. However, the
percent of expended budget is slightly lower at 63% for FY 2009 compared to 64% expended in FY 2008.
. Exhibit B provides details of expenditures to date of each department. Of the larger departments:
0 Police DeDartment is tracking at 65% ($15.8 million) of its annual $24.3 million budget. At this point in
FY 2008, Police had expended 71 % ($15.1 million) of its annual $21.3 million budget.
0 Fire DeDartment is tracking at 67% ($12.4 million) of its annual $18.7 million budget. You will note the
large increase in both the budget and the expenditures to date since the operating expenditures of what
was included in the Fire Assessment Fund in FY 2008, are now included in the General Fund.
0 Building & DeveloDment has reduced its expenditure rate to date to offset some the permit revenue
shortfalls.
0 Public Works spending is level with last year even though their budget is increased in FY 2009.
0 Leisure Services (Library, Recreation and Parks) are all on track with last year's spending and percent
of their annual budget spent to date.
. In addition, the graph on the lower half of Exhibit B notes that expenditures to date are tracking the same
spending pattern as FY 2008. They appear to be on course to come in slightly under the FY 2009 straight line
budget ending up at $73.9 million for the year in September.
UTILITY FUND
To date Utility Fund revenues and fund balance appropriation exceeded expenditures by $2.4 million in FY 2009
compared to a $926,000 surplus for FY 2008. While this notes a positive swing of $1.5 million as noted in the
following summary it includes a $2.4 million fund balance appropriation as part of the funding source.
Revenues & Fund Balance
Expenditures
Excess (Deficit) -
FY 2009 Revenues & Fund Balances above in the Annual Budget column includes a $4.887 million
appropriation of fund balance as a funding source in order to balance the budget for the full year.
Revenues (Exhibit C) - The $23.9 million in FY 2009 revenues and fund balance appropriation exceed the $18.1
million to date in FY 2008 by $5.8 million because of the $3.2 million fund appropriation and the rate increase
effective at the beginning of this fiscal year making up the difference. It appears that the reduced water and sewage
revenues estimated for FY 2009 is reasonable at this 68% of the way through the fiscal year as follows:
. Water Sales - $8.3 million = 68% of the annual estimate, compared to 48% at this point in FY 2008, with the
heavier usage coming in the months ahead.
. Sewer Service - $9.6 million = 70% of the annual estimate, compared to 60% last year
. Stormwater - $2.2 million = 67% of the annual estimate
The May 1 water and sewer rate increases should begin to offset the projected $4.887 million budgeted deficit.
Expenditures (Exhibit D) - Utility Fund expenditures to date were $20.5 million or 58% of the annual appropriation.
Individual expenditure categories reasonably tracked and compare favorably to FY 2008 especially in the major
expenditure categories of Public Water Treatment, Wastewater Pumping and Sewage Treatment, and General
Administration.
Page 2 of 2 Pages
EXHIBIT A
CITY OF BOYNTON BEACH, FLORIDA
GENERAL FUND ANALYSIS
STATEMENT OF REVENUES - COMPARATlVE BUDGET TO ACTUAL
FIscal Year Period Ended May 31,2009 (67% of Fiscal Year)
REVENUES
FY 2009 ANNUAL BUDGET FY 2009 TO DATE FY 2008 FY 2008 TO DATE
ACCOUNTS % BUDGET %
DIFFERENCE PROJECTED APPROVED REALIZED R~&' ,..~.. APPROVED REALIZED REALIZED
AD VALOREM TAXES - $35,013,460 $35,013,460 $32,203,203 92% $38,151,700 $35,414,874 93%
LESS TlF TAXES TO CRA . 15 243 8201 '5:243:820\ (5,243,820) 100% 16 129 2841 16.129,284) 100%
NET TAXES TO THE CITY . 29,769,640 29,769,640 26,959,383 91% 32,022,416 29,365,590 92%
LICENSES AND PERMITS
FRANCHISE FEES (221,000) 4,900,000 5,121,000 2,213,187 43% 5,188.400 2,200,444 42"10
BUSINESS TAXES (56,000) 1,335,000 1,391,000 1,356,316 98% 1,385,000 1,385,645 100%
BUILDING PERMITS (3,015,000) 935,000 3,950,000 641,828 16% 5,244,930 3,401,083 65%
PUBUC SERVICE TAXES . - - . 0% 3,822,490 2,041,645 53%
OTHR UCENSES, FEES & PER (28.000) 168.000 196,000 149,375 76% 223,700 162,534 73%
INTERGOVERNMENTAL REVENUES
OTHER FEDERAL REVENUE (185,000) 25,000 210,000 9,495 5% 2,500 30,023 1201%
STATE SHARED REVENUES (505,000) 6,152,000 6,657,000 3,867,407 58% 7,747,000 4,297,436 55%
SHRD REV FROM OTHR LCL (15,000) 490,000 505,000 155.287 31% 942,000 106,308 11%
CHARGES FOR SERVICES
PYMTS IN UEU OF TAXES 7,000 93,000 86,000 92,768 108% 87,200 82,552 95%
CHRGS-GENERAL GOVT (39.406) 251,000 290,406 198,411 68% 406,750 220,407 54%
PUBUC SAFETY (386,925) 3,850,000 4,236,925 3,080,583 730.(, 3,482,600 2,574,218 74%
PHYSICAL ENVIRONMENT 2,000 7,000 5,000 10,889 218% - 3,538 0%
CULTUREJRECREATION (7,000) 305,000 312,000 205,633 66% 266.800 220,769 830.(,
INTEREST & MISC REVENUE
VIOLATIONS LOCAL ORD. (8,000) 95,000 103,000 113,231 110% 280,000 107,743 38%
INTEREST EARNINGS (295,000) 805,000 1,100,000 404,6n 37% 1,519,525 721,n1 47%
RENTS AND ROYALTIES (34,000) 200,000 234,000 146,296 63% 209,500 150,304 n%
SALE OF SURPLUS MATERIAL . 3,000 3,000 26,714 890% 7,500 5,737 76%
OTHER MISC. REVENUE (261,000) 116,000 3n,000 in ,485 47",(, 216,900 258,287 119%
INTERNAL FUND TRANSFERS
TRANSFERS . 14,786,665 14,786,665 9,857,804 67% 5,386.800 3,589,533 67%
FUND BALANCE APPROPRIATED . 4 630 000 4630 000 3,086,667 67% . - 0%
Total Revenues $ (5,047,331) $ 68,916,305 $ 73,963,&36 $52,753,436 71% $ 68,442,011 $ 50,935,487 74%
-_._~- ----~._--
$80,000
Two Year Cumulative Revenue
Comparison and CFY Budget. ($ In
thousands)
$70,000 $68,916
$60,000
$50,000
$40,000
$30,000
$20,000
$10,000
,400
$0 -
Oct Nov Dee Jan fcb Mar Apr May Jun Jul Aug Sep
[ ~Cumulative 08 Actual ~ I
....Cumulative 09 Actual -- Projected 09 Budget
- ---- -- ~---~.._-- ~- -----~ -- - -- ---'~._-~-~-----'-'~-~
S:lFinancelFinanciaI RoportsIMootbly Financial RoportsIBudget Roview - GF - thru May 09 SlUlIDlaIi>I:dOO I Revenue Summary Revised 6/1512009
EXHIBIT B
. CITY OF BOYNTON BEACH, FLORIDA
GENERAL FUND ANALYSIS
STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended May 31, 2009 (67"10 of Fiscal Year)
EXPENDITURES
-,=y ZUUB FY 200t TO DATE FY 2008
ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED %
APPROVED EXPENDED APPROVED EXPENDED
GENERAL GOVERNMENT
CITY COMMISSION $ 423,814 $ 269,878 64% $ 474,152 $ 197,888 42%
CITY MANAGER 639,60S 398,877 62% 611,335 382,603 63%
CITY HALUGEN. ADMIN. 1,917,260 1,060,639 55% 4,217,483 1,306,718 31%
PUBLIC AFFAIRS 182,064 90,_ 50% 185,891 107,519 58%
CITY CLERK 558,899 337,197 60% 557,755 326.241 58%
CITY ATTORNEY 480,375 305.232 64% 444,046 310,804 70%
FINANCIAL SERVICES 1,247,864 605,423 65% 1.1t6,149 782,888 67%
ITS 1.816,388 1,131,097 61% 1,763,228 1,190.053 67%
GEOGRAPHICAL INFO SYSTEMS 430,164 274,892 64% 411,207 277 ,609 67%
HUMAN RESOURCES 1,045,986 597,827 57% 918,809 530,376 58%
ORGANIZATIONAL DEVELOP 198,891 92,806 47% 179,790 114,338 64%
PUBLIC SAFETY
COMMUNICATIONS 2,384,971 1.306,330 55% 2,341,086 1,248,969 53%
POLICE 24,321,550 15,885,429 65% 21,380,400 15,166,645 71%
CODE COMPLIANCE 1,261,445 753,346 60% 1,024,201 702,519 69%
ARE 18,713,899 12,481,437 67% 14,802,609 9,962,290 67%
EMERGENCY MANAGEMENT 116,300 58,718 50% 149,697 45,895 31%
ANIMAL CONTROL 201,023 115,478 57% 185,049 113,188 61%
BUILDING & DEVELOPMENT
DEVElOPMENT 412,826 283,480 69% 387,954 274,782 71%
BUILDING 2,388,088 1,275,276 54% 2,432.725 1,544.218 63%
ENGINEERING 937.164 606,647 65% 919,102 568,529 62%
PLANNING & ZONING 991,450 629,045 63% 1,039,390 672,121 65%
BUSINESS TAX 297,936 188,196 63% 288,726 198,323 69%
PUBLIC WORKS
PUBLIC WORKS 296,412 210,260 71% 294,524 201,689 68%
FACIUTIES MANAGEMENT 2,009,496 1,108,442 55% 1,792,068 1,191,057 66%
STREETS MAINTENANCE 1,175,287 589,482 50% 1,064,949 605,012 57%
LEISURE SERVICES
LIBRARY 2.600,620 1.542.471 59% 2,480,441 1,512,059 61%
RECREATION 2,771,735 1,754,068 63% 2,796.725 1,568,329 60%
FORESTRY & GROUNDS 1,824,643 965,208 52% 1,882,982 1,042,667 56%
PARKS MAINTENANCE 2,324,939 1,638,863 66% 2.272,639 1,406,401 62%
CRA REIMBURSABLE & RESERVES (37,448) 290,380 0% - 311,296 0%
Total Expenditures -$ 73.963 636 $ 46,912,_ 63% $ 68 442 011 $ 43,962,826 64%
- _.0 __~__~~
$80,000
$70.000
$60,000
$50,000
$40,000
$30,000
$20,000
$10.000
$0 -- ---,.---- , ------.----------,
Oct Nov Dee Ian Feb Mar Apr May Jun JuI Aug Sep
L_-*-CumUlative 08- Actual - _ )1(_ Cumulative 09 Actual -- Budget 09 I
--.. -----~~- -~-~~ .~ ------~_.__._-~_.._-
S:\Finance\Financial Reports\Monthly Financial R.portsIBudget Review - GF - thru May 09 SlIDll1lllrizedOOI Expenditure SUDUllll1)' Revised 611512009
EXHIBIT C
CITY OF BOYNTON BEACH, FLORIDA
unurv FUND ANAL VSIS
STATEMENT OF REVENUES. COIIPARAT1VE BUDGET TO ACTUAL
Fiscal Vear Period Ended May 31, 2008 (87% of Fiscal Year)
REVENUES
FY 2009 r'l __ '\01 DATE FY 2008 r'l_ .vDATE
ACCOUNTS BUDGET REVENUE % BUDGET REVENUE %
APPROVED REAUZED REAUZED APPROVED REAUZED REALIZED
WATER SALES $12,100,000 $ 8,340,275 69% $13,853,000 $ 6,708,020 48%
WATER CONNECTION FEE 80,000 12,000 15% 206,000 95,490 46%
WATER SERVICE CHARGE 200,000 188,290 94% 200,000 163,790 82%
WTR-BACKFlOW PREVNTR TEST - 21,344 - 830
SEWER SERVICE 13,825.000 9,667,031 70% 14.251,907 8,556,467 60%
STORMWATER UTILITY FEE 3,315,000 2,210,868 67% 3,495.800 2,209,204 63%
TELEVISE SEWER LINES 10,000 - 0% 30,000 4,211 14%
FEES 50,000 - 0% 50,000 31,351 63%
INTEREST INCOME 840,000 179,793 21% 1,100,000 286,010 26%
SAlE OF SURPLUS EQUIP. 1,000 - 0% 5,000 1,305 26%
GAIN LOSS ON INVEST - 2,006 0% - 7,645 0%
OCEAN RGE UT TAX ADM CHG 500 317 63% - 251 0%
BAD DEBT RECOVERIES 3,000 1,118 37% 10,000 1,376 14%
MISCELLANEOUS INCOME 30,000 9.763 330/0 10,000 24.964 250%
TRANSFER FROM 101,000 67,333 67% 101,108 67,405 67%
APPROPRIATED 4,887,153 3,258,102 67% - -
TOTAL REVENUES 135 442 653 $ 23.958.040 68% $33,312815 $18,158,319 55%
-~-----~~-- -~.__._----~------~-'-'-- ---
S4Q,000
Two Year Cwnulative Revenues
Comparison and CFY Budget - ($
in thousands)
$30,000
$20,000
$10,000
$2,]77
$0
Oct Nov Dec Jon Feb Mar Apr May Jun Jul Aug Sep
L__~__~_~~ ~Cum_ulative 08_~ual .__.:--CumUI8tive 09 Actual · Budget 2009 J
"-_.__.~~..__._--- ~ --~~-
S:\Finance\Financial ReportslMonthly Financial ReportsIBudget Review - UF - thru May 09 Summarized401 Rev Sum
.
EXHIBIT D
CITY OF BOYNTON BEACH, FLORIDA
UTILITY FUND ANALYSIS
STATEMENT OF EXPENDITURES. COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended May 31, 2009 (67% of Fiscal Year)
EXPENDITURES
FY 2009 FY 2009 TO DATE FY 2008 I"Y 2008
ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED %
APPROVED EXPENDED APPROVED EXPENDED
WATER DfSTRlBUOON $ 1,687,111 $ 1,007,697 60% $ 1.472,216 $ 1,141,943 78%
PUBUC WATER TREATMENT 8,872,154 4,122,363 82% 6,118,042 3,849,463 63%
METER READING & SERVICES 1,209,620 697,287 48% 1,210,417 687,173 65%
WASTEWATER COLLECTION 1,794,768 1,168.847 68% 1,748,761 1,204,808 89%
WASTEWATER PUMPING STATNS 2,574,901 1,655,817 60% 2,587,811 1,678,198 61%
SEWAGE TREATMENT 4,501,000 1,722,796 38% 3,775,800 2,090,638 65%
WATER QUAUTY m,888 370,423 84% 523,507 362,865 69%
UTlUTY CONSTRUCTION - . - .
UTlUTY ADMINISTRATION 2,011,468 1,109,828 65% 1,950,285 1,185,430 81%
GENERAL. ADMINISTRATION 5,728,886 3,319,008 68% 5,694,300 3,364,340 69%
UTlUTE8 ENGINEERING 1,274,598 795,827 82% 1,199,287 790,809 86%
STORMWATER MAINTENANCE 819,486 365,879 40% 931,447 475,993 61%
CUSTOMER RELATIONS 1,202, 174 783,985 84% 1,217,468 793,118 86%
DEBT SERVICE 6,304,886 3,802,818 68% 4,882.726 2,867,681 55%
RESERVES '985\ - 0% - (29,380) 0%
Total Expendltu.... $ 35,442,653 $20,512,041 58% $33,312,816 $20,140,477 80%
-~_.._-~- --
$40,000
Two Year Cumulative Expenditures Comparison and
CFY Budget - ($ iu thousauds)
$30,000
$20,000
$10,000
$1,
$0
Oct Nov Dee Jan Feb Mar Apr May Jun Jul Aug Sep
I ~Cumulative 08 Actual -*-Cumulative 09 Actual -+- Budget 2009 I
-- .----
S:IFinanceIFinancial ReportslMonthly Financial Reportsl8uclgel Review - UF - thru May 09 Summarized401 Exp Sum
VI.-CONSENT AGENDA
ITEM K.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVI
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
~ July 7, 2009 June 15, 2009 June 10,2009 June 8, 2009
D July 21, 2009 July 6, 2009 July I, 2009 June 29, 2009
D August 4, 2009 July 20, 2009 July 15,2009 July 13, 2009
D August 18, 2009 August 3, 2009 July 29, 2009 July 27, 2009
D AnnouncementslPresentations D City Manager's Report
NA TURE OF D Administrative D New Business
AGENDA ITEM ~ Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDA TION: Approve reimbursement of$750 to Commissioner Rodriguez for participation in 2010
Leadership Palm Beach Program.
EXPLANATION: Commissioner Rodriguez on his own volition applied for and was accepted into the 2010 class of
Leadership Palm Beach. The Adult Leadership Program provides an opportunity for community leaders to participate in an
adult learning environment that is interactive and promotes dialogue, teambuilding, and trust.
This program brings together, often for the first time, individuals who represent different dimensions of our communities.
Each class embodies the diversity of geographic, ethnic and professional backgrounds in our community. Each year a select
group of 45 individuals with a demonstrated commitment to community leadership is chosen to take part in an intensive nine-
month experience. Following a weekend retreat which helps the class bond as a team, nine, day-long program sessions held
monthly help participants explore core local issues in depth.
The City Manager is a graduate of the 2008 class. A summary of the 2009 class and a profile of the 2009 class is attached to
the agenda cover sheet.
PROGRAM IMP ACT: This will have a positive impact on exposing the City Commission and staff to the complex issues
facing Palm Beach County.
FISCAL IMP ACT: The tuition cost of the program is $1,500. $750 has been budgeted in account 001-1110-511.54-30.
Funds one City Commission or staff participant in the 2011 class has also been put in the tentative 2010 City Budget. The
amount budgeted in 2010 is also $750.
B. Authorize 100% reimbursement of $1 ,500.
Department Head's Signature City Manager's Signature
Assistant to City Manager ~
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Department Name City Attorney / Finance
Leadership Palm Beach County
Class of 2009
Patricia S. Allard, Director of Agency Certification - Nonprofits First
Sean C. Alveshire, Director of Business Development - Stiles Corporation
Stacey Amodio, Program Officer - The Quantum Foundation
Andrew 1. Baumann, Associate - Lewis, Longman & Walker, P.A.
Amy P. Botkin, Vice President, Financial Advisor - Bernstein Global Wealth Management
Kathleen A. Brand, Manager - West County Service Center - PBC Property Appraiser's Office
Geoffrey C. Burdick, President - Geoffrey C. Burdick, P.A.
Howard S. Burnston, Shareholder - Gunster, Yoakley & Stewart, P.A.
Michael Butler, Director of Network Services - PBC, Information Systems Services Dept.
Kristin B. Calder, Public Relations & Annual Giving Director - Bethesda Hospital Foundation
Lucy A. Carr, Assistant Vice President - National City Bank
Aimee G. Cernicharo, Attorney - St. Thomas University Human Rights Institute
Noemi Coltea, Associate Development Director, South Florida Region - Boys Town
Patricia C. Corbett, CFP, Vice President - Wealth Management - Citi Smith Barney
Cindy L. DeSilva, Director of Annual Programs - Spectrum Healthcare Foundation
Robin N. Fiore, Adelaide R. Snyder Professor of Ethics - Florida Atlantic University
Claudia Flores, VP - Private Banking Lender - Comerica Bank - Wealth & Instit. Mgmt.
James S. Gavrilos, President - Junior Achievement of the Palm Beaches, Inc.
Ella M. Gilbert, Governmental Affairs Manager - Palm Beach County Tax Collector
Evelyn T. Hopkins, Litigation Counsel- Florida Crystals
Chadi Irani, Retail Advertising Director - The Palm Beach Post
Gary D. Jenkins, Director - CBIZMHM,LLC & Mayer Hoffman McCann, PC
Judy A. Kennedy, Director, Resource Development - United Way of Palm Beach County
Shannon R. LaRocque-Baas, Ass't. County Administrator - PBC Board of County Commissioners
Leslie Lilly, Vice President for Programs - Community Foundation for PB & Martin Counties
John K. Majer, Tax Director - RSM McGladrey, Inc.
Leigh A. Malone, Sr. Tax Manager - American Media, Inc.
Henrietta G. McBee, Director, Project Development - Florida Power & Light Company
Doreen M. McGunagle, Ph.D., CEO - Global Strategic Management Solutions, Inc.
Ann E. McNeill, President - MCO Construction & Services, Inc.
Laurence Montello, Director, Wealth Advisor - Harris Private Bank
Michael P. Papa, Executive Director - The Arc of Palm Beach County
Evelyn F. Parkes-Brier, Owner - Evelyn F. Parkes, CPA, PA
Rik Pavlescak, Chief Program Officer - Comprehensive Community Care Network, Inc.
William E. Quinn, II, Marketing Director - S.c.I. Funeral Services ofFL, Inc/Dignity Memorial
Michael L. Rodriguez, Executive Director - Palm Beach County Criminal Justice Commission
Paula J. Ryan, Business Owner - White Oak
Ellen L. Sanita, Training Manager - Palm Beach Post - Palm Beach Newspapers, Inc.
Kimberly A. Shugar, Deputy Director, Land Acquisition & Land Mgmt. Dept. - SFWMD
Laurie V. Steele, Owner - Steele the Show Public Relations
Martin J. Sweet, Assistant Professor - Honors College, Florida Atlantic University
Alison C. Tanner, President - Tanner Growth
Greta E. von Unruh, Executive Director - Economic Development Research Institute (EDRI)
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Trixy Walker, Executive Administrator/Office Manager - Related Companies
Shari S. Winkelman, Executive Director, Financial Advisor - UBS Financial Services Inc.
Class of 2009 Session Schedule
Session agendas will be emailed to Class members approximately one week prior to the session. The agenda
will also be posted on the Leadership Palm Beach County website: www.leadershioobc.orq
DATE SESSION
August 14,2008 Orientation
4:00 pm - 7:30 pm
August 22-23, 2008 Retreat
September 10, 2008 Civics & Government Day
7:30 am - 5:00 pm
October 7, 2008 Business & Development Day
7:30 am - 5:00 pm
November 12,2008 Health & Human Services Day
7:30 am - 5:00 pm
December 10,2008 Culture & Tourism Day
7:30 am - 5:00 pm
January 14,2009 Marine Industries & Transportation Day
7:30 am - 5:00 pm
February 11,2009 Agriculture Day
7:30 am - 5:00 pm
March 11, 2009 Environment Day
7:30 am - 5:00 pm
April 8, 2009 Public Safety & Media Day
7:30 am - 5:00 pm S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
May 13, 2009 Education Day
7:30 am - 5:00 pm
May 28, 2009 Closing Retreat
9:00 am - 3 :00 pm
June 4, 2009 Graduation
6 :00 pm
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM L.
AGENDA ITEM REQUEST FOR
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
D A ri121, 2009 D June 16, 2009
D 5,2009 ~ Jul
D 19,2009 D Jul
D June 2, 2009 D st 4, 2009
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM ~ Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Authorize the use of$I,OOO from Vice Mayor Hay's Community Investment Fund to support the
ongoing programs of the Education & Youth Advisory Board.
EXPLANATION: Commission approval is requested for allocation of $ I ,000 from Vice Mayor Hay to the Education and
Youth Advisory Board for their ongoing events and programs.
PROGRAM IMPACT: AlIocation of funds will assist the above program.
FISCAL IMPACT: (include Account Number where funds will come from) 001-1 I 10-511-95-47
Funds are budgeted to these types of activities. Each Commissioner has $10,000 in Community Investment Funds to alIocate
subject to Commission approval.
AL TERNA TIVES: Decline to authorize the requested use.
~~ ~q~
Department Head's Signature City Manager's Signature "-
Public Affairs
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: June 29,2009
Requested by Mayor/Commissioner: Vice Mayor Hay
Amount Requested: $1,000
Recipient/Payee: Education & Youth Advisory Board
Description of project, program, or activity to be funded: Education & Youth Advisory
Board ongoing events and programs.
Dated: (/c2 9 /t; 7' ~./" /'
I By:' . ~,/;:~,"'i_.-c:-('.
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000.00. $6,200.00 has been used to date by the requesting Member,
leaving a balance of available funds of $3,800.00. This request would bring the available
amount down to $2,800.00.
Accordingly:
0 There are funds available as requested
0 There e insufficient funds available ~ 'EM
Dated: )5f ('> BY:~
inance Director
Part 111- Eligibility Evaluation (to be completed by City Manager)
iOt'" The proposed expenditure of funds will not result in improvement to private
property;
er The recipient/payee provides services within the City of Boynton Beach;
ua The project, program or activity which is being funded will occur in the City
t( of Boynton Beach and participation is open to all residents of the City; and
Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
Dated: cl 851 fJ~ By: ~= "
City Manager
S:\City MgMdministration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVlSED05-
06.doc
Page 1 of2
Kendall, Kimberley
~......
From: Welsh, Pam
Sent: Monday, June 29,20097:04 AM
To: Kendall, Kimberley
Subject: FW: letter
Attachments: discretionary funds request hay.doc; ATT79623.htm
Kimberley,
Please prepare a Community Investment package for the attached letter for Vice Mayor Hay and place on the
Tuesday, July 7th Commission Agenda. Copy of back up documentation on your desk.
Thanks.
!Jam Webft
lldntini6tJr.ative a,,,i,,tanl
e.a" ~'" 19f1ia
561.742.6013
wd6flp@Mfl.w
From: Bressner, Kurt
Sent: Saturday, June 27, 2009 6:32 PM
To: Welsh, Pam
Subject: Fwd: letter
Ok.
Sent from my iPhone
Kurt Bressner
561-436-2328 (cell)
Begin fOlwarded message:
From: "Hay, Woodrow" <B<!Y.w~bhfl.1!~>
Date: June 27,200912:08:48 PM EDT
To: "Bressner, Kurt" <BressnerK@bbfl.us>
Subject: FW: letter
Kurt,
Would you see that a $1,000 of my discretionary funds goes to the Education and Youth Advisory
Board... Thank you,
Vice Mayor Woodrow L. Hay
From: Steve Waldman [mailto:srw41@bellsouth.net]
Sent: Tue 6/16/2009 3:15 PM
To: Hay, Woodrow
6/29/2009
May 8, 2009
City of
Boynton Beach
Vice Mayor Woodrow Hay
Education and Youth City of Boynton Beach
Advisory Board PO Box 310
Boynton Beach, FL 33425-0310
Stephen Waldman Dear Vice Mayor Hay:
Chair
As per our conversation last evening, I am requesting your support for our
Mary Morera Education and Youth Advisory Board. As you will see from the attached
Vice Chair letter, we do much outreach for the students of Boynton Beach. We would, of
Paulette Ford course, like to both continue our giving and expand our services.
Board Member
Carol Lundquist Thank you for your support,
Board Member
Hattie Miller
Board Member Steve Waldman, Chair
Education & Youth Advisory Board
Lesha Roundtree
Board Member
Lori Wilkinson
Board Member
Jose De la Torre III
Alternate
Robert Chiste
Student Board Member
Lisa Pierre
Student Board Member
The Education and Youth
Advisory Board exists to act
as a fact-finding and advisory
board on all issues pertaining
to the youth of the Boynton
Beach Community.
100 E. Boynton Beach Blvd., P.O. Box 310, Boynton Beach, FL 33425, (561) 742-
6000
/Q(
CITY OF BOYNTON BEACI
AGENDA ITEM REQUEST FO..........
VI.-CONSENT AGENDA
ITEM M.
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
~ July 7, 2009 June 15,2009 June 10, 2009 June 8, 2009
D July 21, 2009 July 6, 2009 July I, 2009 June 29, 2009
D August 4, 2009 July 20, 2009 July 15,2009 July 13, 2009
D August 18, 2009 August 3,2009 July 29, 2009 July 27,2009
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM ~ Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Authorize Mayor Taylor to attend the Florida League of Cities 83rd Annual
Conference, August 13-15,2009 at the World Center Marriott, Orlando, Florida.
EXPLANATION: The Florida League of Cities 83rd Annual Conference titled "The Heart of the
Citizen" is being held at the World Center Marriott in Orlando, Florida, on August 13-15, 2009. This
annual conference provides networking opportunities with colleagues, idea-sharing and education from
keynote speakers. Registration fees are $325.00 and accommodations for four (4) nights at the hotel will
cost approximately $502.87.
PROGRAM IMPACT: N/A
FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-40-12
Funds are budgeted for these types of activities.
ALTERNATIVES: Decline to authorize this request.
Jk;z
Department Head's Signature
City Manager's Signature
Assistant to City Manager ~
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
.
orl a
.
les:
World Center Marriott - Orlando, Florida
August 13-15, 2009
General Information
In response to these challenging times, the League's conference has undergone
a makeover, The schedule has been re-worked to provide you with the most
opportunities for learning, networking and idea-sharing. This year's conference
is jam-packed with education and ideas that you can take back to your city and
begin using immediately!
New features and changes you'll notice include:
~ Roundtable Discussions - We've added two sessions of roundtable discussions so you can share ideas
and ask questions of each other, League staff and additional experts.
~ Economic Stimulus Information in the Resource Center - Key government agencies will be on hand
to provide information on programs funded in the federal American Recovery and Reinvestment Act
(ARRA). The Resource Center will also feature an "Ask the Experts" booth where someone will listen to
your questions and provide guidance or offer resource suggestions.
~ Cities 101 - This special track on Thursday is meant to introduce newly elected officials to the complex-
ities of city government, and serves as a prequel for the Institute for Elected Municipal Officials.
~ Youth Council Program - Attendees will learn about issues facing municipalities across the country
and will hear from a panel of elected officials and city managers about potential careers in public
service. It will also be an opportunity to network with other Florida youth councils.
~ Annual Business Meeting - We've moved this session to Saturday morning so that the new president
can be sworn in during the Past Presidents' Luncheon.
~ Face-to-Face Social Networking - Friday evening's Membership Networking Event and a more casual
Saturday night event will allow you to continue the discussions and brainstorming started during each
day's workshops.
We hope you're as excited about these new opportunities as we are. Register today!!
Location/Dates
World Center Marriott - Orlando, FL
Thursday, August 13 - Saturday, August 15,2009
Registration Hours
Thursday, August 13: 7:00 a.m. - 7:00 p.m.
Friday, August 14: 7:00 a.m. - 5:00 p.m.
Saturday, August 15: 8:00 a.m. - 5:00 p.m.
Deadlines
Registration - Conference registration forms must be postmarked on or before Friday, July 24, 2009. If you
are unable to meet this deadline please register on-site. NOTE: Registration fees will increase to $355 for
government and $520 for corporate registrants for all registrations done on-site, so we encourage you to
register in advance.
2
Hotel Reservations - The cut-off date for reservations at the Marriott is July 22, 2009. Reservations must
be made via FLC -provided information only; no one will receive housing information until after their paid
registration is received. Please see page 10 for more details.
Registration Fees
City/County/Government ($325), Corporate/Exhibitor/Sponsor/Other ($495) and Guest ($75): These
fees cover name badge, admission to all conference sessions and exhibit hall, refreshment breaks, Friday's
Membership Networking Event, Saturday's Past Presidents' Luncheon and the "Taste of Florida" Closing
Night Event.
NOTE: Registrants are defined as any elected government official, or any employee of governments,
organizations or corporations. Guests are defined as spouses, partners or other non-professional relations
of conference delegates. Guest registration may not be used for other elected government officials, staff or
company representatives. Registration fees have not increased from 2008 rates.
Guest 13-18 years ($20) and Guest 3-12 years ($ 15): These fees cover name badge, admission to the
exhibit hall, Friday's Membership Networking Event and refreshment breaks. Teen and child guest
registration does not include Saturday's Past Presidents' Luncheon or "Taste of Florida" Event.
Exhibit Hall Pass ($20): This pass allows family members and guests who are not registered for the
conference to visit our vendors on Thursday and Friday. Passes permit access to the exhibit hall on Thursday
afternoon, Thursday evening and Friday morning. The pass allows access to all events in the exhibit hall, as
well as Friday's Membership Networking Event. The pass is not good for any other conference events,
and is not equivalent to a registration.
Youth Council Program ($ 15): This fee covers all Youth Council Program activities on Saturday, plus lunch.
See page 13 for complete details and registration information.
Cancellation Policy
Conference registration cancellation must be done in writing by mail, e-mail or fax to the Florida League
of Cities, Inc., P.O. Box 1757, Tallahassee, FL 32302-1757; e-mail acheatham@f1cities.com; or fax
(850) 222-3806. All cancellations received in the FLC office by 5:00 p.m., Friday, July 31,2009 will receive
refunds, minus a $50.00 cancellation fee. Refunds will be issued after the conference.
Hotel deposits will be refunded only if the hotel is given notification no later than five business days prior
to the scheduled arrival date.
Special Needs
If you are physically challenged and require special services, or if you have special dietary needs (i.e.
allergies or kosher or vegetarian meals), please attach a written description to your registration form.
Contact the hotel directly if you will need any special accommodations in your room.
Contact Information
For additional information, please contact Barbara Solis by phone:
(850) 222-9684; fax: (850) 222-3806; e-mail: bsolis@f/cities.com; or write to
Florida League of Cities, P.O. Box 1757, Tallahassee, FL 32302-1757.
3
~
Tentative Program
Workshops Topics
Under Development
The League is working to
bring you the most timely
information possible. The final
list of topics will be announced in
the Datagram in June and will also be
posted on our Web site at www.flcities.com. Topics under
consideration include:
2010:The Return ofTABOR?
Borrowing Money in this Economy
City Ethics Programs
City Health Clinics
Civil Discourse
The Honest Services Act
Innovation Award Winners
Leadership Sessions (presented by Leadership Florida)
Legislative Limits on Advocacy Campaigns
Social Networking Do's and Don'ts
Congress 101: Process, Pitfalls and Protocol
Thursday, August 13, 2009
7:00 a.m. - 7:00 p.m.
Registration Desk Open
7:30 a.m. -1 :00 p.m.
Charity GolfTournament to Benefit the Boys & Girls
Clubs of America
See page 15 more information.
8:30 a.m. - 11 :30 a.m.
Pre-Conference Seminar -IiCommunity Problem-
Solving through Deliberative Democracy"
Presented by Carpe Diem Community Solutions
Has your city ever debated issues in the newspaper or
been a part of "government by the loud"? Has misinfor-
mation ruined good projects in your city? Do you think
there's got to be a better way to solve problems?
The use of deliberation has supported community
problem-solving across the world. Used in a forum
to provide a different way of presenting ideas and
discussing issues, deliberation features a non-partisan
overview of the issue and choices for several public
responses. Participants share their opinions, concerns
and knowledge. As a result, participants analyze choices,
the arguments for and against them, trade-offs and
other implications of the choices. Often participants see
issues from different points of view, and use discussion
to discover, not persuade or advocate. Participants move
from making individual choices to making choices as
members of a community. Generally, a public voice
emerges in the results of the forums, helping to set the
government's compass.
Come learn how your city can be an instrument to
facilitate a better way of talking about community
problems.
Additional registration fee of $45 required. Space is limited
so pre-registration is required.
8:00 a.m. - 5:00 p.m.
Technology Center Open
Need to check the local news? Are you looking for that
important e-mail? Just want to browse the Internet or
catch up on some work? The Florida League of Cities
Technology Center provides you the perfect place to do
all that with eight PCs and staff to assist you. Please note
that children must be supervised while in this area.
12:00 p.m. - 4:30 p.m.
Municipal Marketplace Open
1 :00 p.m. - 4:00 p.m.
"Cities 1 0 1 "Workshop
If you are newly elected or newly appointed, this "crash
course" is designed for you. Details about Florida mu-
nicipalities, services and governing challenges will be
discussed. This is a prequel to the popular Institute for
Elected Municipal Officials, but is not a substitute for the
three-day IEMO class. Participants will receive a certificate
and ribbon for class attendance.
1 :30 p.m. - 3:30 p.m.
Legislative Policy Committee Meetings
Energy and Environmental Quality
Finance and Taxation
Growth Management and Transportation
Intergovernmental Relations
Urban Administration
3:15 p.m. - 4:15 p.m.
International Relations Committee Meeting
4
4:00 p.m. - 5:00 p.m.
Resolutions Committee Meeting
4:00 p.m. - 5:00 p.m.
First-Time Attendees' Orientation
If this is your first FLC Conference - Welcome!
This workshop will acquaint you with the League, the
conference program (with tips for the best use of your
time), how to get involved in your local or regional
league, FLC legislative policy committees and other
municipal services. Come and join League officers,
staff and your colleagues as each shares ways to take
advantage of all that the League has to offer. Be sure to
attend this important and informative session.
4:00 p.m. - 5:00 p.m.
Florida league of Mayors Business Meeting
For more information, contact Jenny Anderson
at (850) 222-9684.
6:00 p.m. - 7:00 p.m.
President's Welcome Reception in Municipal
Marketplace
Friday, August 14, 2009
7:00 a.m. - 9:00 a.m.
Continental Breakfast in Municipal Marketplace
7:00 a.m. - 2:00 p.m.
Municipal Marketplace Open
7:00 a.m. - 5:00 p.m.
Registration Desk Open
7:00 a.m. - 8:30 a.m.
Florida Black Caucus of local Elected
Officials Breakfast
For more information contact Leo Longworth at
(863) 533-3136 or leo@leolongworth.com.
8:00 a.m. - 9:00 a.m.
Early Bird Workshops
8:00 a.m. - 5:00 p.m.
Technology Center Open
See page 4 for more information.
9:15 a.m. - 10:45 a.m.
Opening General Session
Featuring the presentation of the E. Harris Drew Award
and the Years of Service Awards, recognition of the
Municipal Achievement Award winners and keynote
presentations by NlC President Kathleen M. Novack
and the Honorable Bill Bradley.
11 :00 a.m. - 12:00 p.m.
Roundtable Discussions
Come sit with your colleagues and discuss fiscal best
practices, "go green" solutions, small city issues, financial
innovations and other topics.
11 :30 a.m. - 3:00 p.m.
Grants and Technical Assistance Resource Center
This unique and valuable workshop will provide you
with grants information, technical assistance and other
resources that are available to your city. The Resource
Center is specifically designed so that you may drop
by at your convenience to meet with representatives
from various state, federal and nonprofit organizations
that provide grants and other services. Key government
agencies will also be on hand to provide information on
programs funded in the federal American Recovery and
Reinvestment Act (ARRA). The Resource Center will also
feature an "Ask the Experts" booth where someone will
listen to your questions and provide guidance or offer
resource suggestions. Preview the 2009 version of FLC's
much sought after grants exchange guide, Financial and
Technical Assistance for Florida Municipalities, which will
be sent to your city. You will want to check this workshop
as a "must attend!"
11 :45 a.m. - 1 :00 p.m.
Women Elected to Municipal Government luncheon
Luncheon by invitation only. If you do not receive your
invitation, please contact Sharon Pritchett at (305) 586-
7246 or sharonpritchett@hotmail.com. See letter on page
15 for details.
12:00 p.m. - 1 :30 p.m.
Sidewalk Cafe in Municipal Marketplace (Cash Sales)
1 :30 p.m. - 2:30 p.m.
Workshops
1 :30 p.m. - 2:30 p.m.
Florida Association of City Clerks Workshop -
"Using Your Resources to Promote Your City:
A Citizen's Academy"
A Citizen's Academy is an interactive program
that focuses on educating citizens about the city's
governmental processes. Elected officials, department
directors and other city staff host unique and informative
sessions designed to give citizens hands-on experience
in city government operations. Ultimately, the academy
seeks to improve citizens' understanding of the
5
workings of effective government and encourage their
involvement in the community to help sustain quality-of-
life for present and future generations.
2:45 p.m. - 3:45 p.m.
Workshops
4:00 p.m. - 5:00 p.m.
Workshops
5:30 p.m. - 7:00 p.m.
Past Presidents' Luncheon Ticket Exchange Open
6:00 p.m. - 7:00 p.m.
FLC Membership Networking Event
Join your colleagues for casual networking after a day of
informative sessions.
Evening Open
Saturday, August 15, 2009
7:00 a.m. - 11 :30 a.m.
Past Presidents' Luncheon Ticket Exchange Open
7:30 a.m. - 8:45 a.m.
Various Local/Regional League Breakfast Meetings
Contact your loealleague for more information.
8:00 a.m. - 5:00 p.m.
Technology Center Open
e page 4 for more information.
o a.m. - 5:00 p.m.
ation Desk Open
9:00 a.m.
egate Registration Op
9:00 a.m. - 10:00 a.m.
Annual Business Meeting
10:00 a.m. - 4:00 p.m.
Youth Council Program
See page 13 for details and registration information.
10:15 a.m. - 12:15 p.m.
Second General Session
Featuring keynote presentations by the Honorable
Michael K. Powell and the Honorable Alex Sink.
12:30 p.m. - 2:15 p.m.
Past Presidentsl Luncheon and Installation
of New President
2:30 p.m. - 4:00 p.m.
Workshops
4:00 p.m. - 5:00 p.m.
Roundtable Discussions
6:00 p.m. - 10:30 p.m.
Childcare Provided
Pre-registration required. See enclosed form.
6:30 p.m. - 10:00 p.m.
"Taste of Florida" Closing Night Event
Celebrate our state with this unique event. It will show-
case the best Florida has to offer in food, entertainment
and culture, providing a casual atmosphere where you
can continue to cultivate your networking contacts.
Round out the ni ht by enjoying the sardonic wit of
humorist Da y.
6
~
~
Additional Activities
Off-Site and Children's Activities
The Marriott provides a professional concierge desk to answer all questions
regarding what to do, where to dine and how to get there, as well as bro-
chures on area attractions, shopping and restaurants. The Marriott also offers
a wide range of children's activities that changes daily. For complete information,
please contact the Marriott at (407) 239-4200.
Charity Golf Tournament
A charity golf tournament will be held on Thursday morning, with 100 percent of the proceeds going to ben-
efit the Boys & Girls Clubs of America. Enjoy a round of golf on the Marriott's Hawks Landing course while
helping this organization provide a positive influence for thousands of needy children. The entry fee is $65
per person. See the registration form on page 13 for more information.
Past Presidents' Luncheon Ticket Exchange
This year the installation of the new president will take place during Saturday's Past Presidents' Luncheon.
When you pick up your packet at registration, you will receive a coupon to exchange for a luncheon ticket.
(In the past this exchange was used for banquet tickets.) The ticket exchange booth will be open twice:
Friday, August 14 from 5:30 p.m. until 7:00 p.m. (during the Membership Networking Event) and
Saturday, August 15 from 7:00 a.m. until 11 :30 a.m. This procedure will give you the opportunity to
pick the table at which you want to sit. You must exchange this coupon for a ticket.
Saturday Night Childcare
Childcare services will be available on Saturday, August 15, from 6:00 p.m. until 10:30 p.m. during "Taste
of Florida': This service, provided by the League through Sitter Solutions, will be offered at no charge, but
pre-registration is required.
The League will provide pizza, popcorn and drinks. Sitter Solutions will provide quality childcare with loads
of activities and games. Toys will be provided for children 1-3 years old, as well as videos for quiet time.
Pillows and blankets will also be available.
Agenda
6:00 p.m. - 6:30 p.m.
6:30 p.m. - 7:30 p.m.
7:30 p.m. - 9:30 p.m.
9:30 p.m. - 10:30 p.m.
10:30 p.m.
Registration
Dinner
Activities
Quiet Time and Videos
Closes
Please be sure to pick up your child by 10:30 p.m.
In order for us to provide this service, you will need to fill out the Childcare Registration Form on page 14 so
we can determine how many sitters will be needed. Please return childcare forms to Barbara Solis, p.o. Box
1757, Tallahassee, FL 32302-1757 or fax to (850) 222-3806.
This service is licensed, bonded, insured and CPR trained, and there is no cost to you.
8
Conference Housing Information
The World Center Marriott will serve as the confer-
ence hotel. It is located at 8701 World Center Drive in
Orlando. The resort phone is (407) 239-4200. (NOTE:
Reservations may be made via an FLC-provided code
only. Please do not call the resort to make reserva-
tions until you receive this code.) FLC has secured the
reduced rate of $5.00 per day for self-parking, and
$14.00 per day for valet parking.
Located on 200 lush acres only minutes away from
Orlando's main attractions, the Marriott features cham-
pionship golf, award-winning cuisine and an exquisite
spa. There are multiple restaurants and lounges, a
lagoon pool and lots of activities for the family. Visit
the hotel's website at www.marriottworfdcenter.com for
more details.
NOTE: The Marriott is a smoke-free property.
Directions
From Interstate 4: Exit 67 - hotel will be on the left.
From the Airport: Take south exit out of the airport
to 417. Take 417 south to Exit 6, go straight at the
light, cross 535 and the hotel will be on the right.
Room Reservations
- IMPORTANT -
PLEASE READ
In order to protect our room block for conference
registrants, it is our policy that no one will receive
housing information until we have received your PAID
registration. Once your registration is paid, you will be
sent housing information via e-mail. (If you do not have
an e-mail address, we will mail or fax the information
to you.) NOTE: If you register online, but choose to
mail in your check, you will not receive your housing
information until your registration is paid.
Please note that the reservation cut-off date at the
Marriott is July 22, 2009 and the rate is $149/night. It
is important that you register for the conference early
so you have plenty of time to make your reservations.
Availability is on a first-come, first-served basis.
Remember that we are unable to guarantee reservations
for anyone, nor the exact date on which the hotel block
will sell out, so please register early.
Conference Registration Information
Mail Registrations
Use the registration form inserted in this brochure to register
for the conference. Register early to avoid delays. Mail your
conference registration form with payment to the Florida
League of Cities. No purchase orders or telephone registrations
will be accepted.
Online Registration
You can register online by accessing the Florida League of
Cities'Web site at www.f/cities.com. Simply fill out the online
application, select your method of payment and your applica-
tion will automatically be sent to the Florida League of Cities.
For your convenience, the costs for all registration choices are
automatically totaled for you.
Remember: A user name and password are now required
to access online conference registration. If you need help
logging-in, please contact Anjie Cheatham at (850) 222-
9684.
If you register online there are two payment options. You can
send your registration fees by check to the Florida League of
Cities. (NOTE: You are not registered until we receive your
payment and you will not receive your housing informa-
tion until your registration is paid.) Or, you can simply pay
online with your Visa or MasterCard. Registrations submitted
and paid online via credit card will automatically be marked
as paid and you will receive your conference confirmation
immediately via e-mail! Conference confirmations include
your registration information, totals and registration number
for your reference. Please check your confirmation carefully
to verify that all information is correct. Please inform the
League immediately of any errors.
Registration Fees
The registration fees for the 2009 annual conference are:
CitylCounty/Government $325.00*
Guests $75.00
Guests (3-12 years) $15.00
Guests (13-18 years) $20.00
Corporate/Exh i bitor /Spo nso r /Other $495.00*
Exhibit Hall Pass $20.00
Pre-Conference Seminar $45.00
Extra Luncheon Ticket $40.00
Extra "Taste of Florida"Ticket $50
"Registration fees will increase to $355 for government
and $520 for corporate registrants for all registrations
done on-site.
City/County/Government ($325), Corporate/Exhibitor/
Sponsor/Other ($495) and Guest ($75): These fees cover
name badge, admission to all conference sessions and exhibit
hall, refreshment breaks, Friday's Membership Networking
Event, Saturday's Past Presidents' Luncheon and the "Taste of
Florida" Closing Night Event.
NOTE: Registrants are defined as any elected government
official, or any employee of governments, organizations or
corporations. Guests are defined as spouses, partners or other
non-professional relations of conference delegates. Guest
registration may not be used for other elected government
officials, staff or company representatives.
Guest 13-18 years ($20) and Guest 3-12 years ($15): These
fees cover name badge, admission to the exhibit hall, Friday's
Membership Networking Event and refreshment breaks. Teen
and child guest registration does not include Saturday's
Past Presidents' Luncheon or "Taste of Florida" Event.
Exhibit Hall Pass ($20): This pass allows family members and
guests who are not registered for the conference to visit our
vendors on Thursday and Friday. Passes permit access to the
exhibit hall on Thursday afternoon, Thursday evening and
Friday morning. The pass allows access to all events in the
exhibit hall, as well as Friday's Membership Networking Event.
The pass is not good for any other conference events, and
is not equivalent to a registration.
Youth Council Program ($15):This fee covers all Youth Council
Program activities on Saturday, plus lunch. See page 12 for
complete details and registration information.
Deadlines/Cancellations
Advance registration forms must be postmarked on or before
Friday, July 24, 2009. If you are unable to meet this deadline,
please register on-site at the conference registration desk.
Conference registration cancellation must be done in writing
by mail, e-mail or fax to the Florida League of Cities, Inc.,
P.O. Box 1757, Tallahassee, FL 32302-1757; e-mail
acheatham@f1cities.comj or fax (8S0j 222-3806. All
cancellations received in the FLC office by 5:00 p.m.,
Friday, July 31, 2009 will receive refunds,
minus a $50.00 cancellation fee. Refunds
will be issued after the conference.
No refunds can be made after
July 31 or for early departure
from the conference.
10
~
2009 Florida League of Cities
Annual Conference Registration Form
Duplicate as NeeclecJ
DELEGATE INFORMATION
Name:
I-I
M.1.
First
First Name or Nickname:
As You Wish To Appear On Badge
Title:
Affiliation:
City, County, Government or Company
last
Mailing Address:
Note: If you will be paying with a credit card below, please use the billing address for that card.
Phone Number:
E-Mail Address (for confirmations):
Fax Number:
City IState: ____________________________________ Zi p: _______________
@
Please provide the address of the person who should receive the confirmation.
First Name (to appear on badge):
First Name (to appear on badge):
Registration Fees
City ICounty IGovernment
Corporatel Exh ibitor I
Sponsor IOther
Guest
Guest (13-18 years)
Guest (3-1 2 years)
Exhibit Hall Pass
Optional Activities
Thursday, August 13
Pre-Conference Seminar
Saturday, August 15
Extra Luncheon Ticket
Extra "Taste of Florida"
Ticket
Age:
Age:
No. Fee Total Fee
_ @ $325.00* $
First-Time Attendee? DYes DNo Contact Person:
GUEST INFORMATION (Please complete only if registering a guest for the conference.)
Guest's Name: ____________________________ I
First Name to appear on badge:
Child's Name:
Exp. Date:_
*Note: Registration fees will increase to $355
for government and $520 for corporate for all
Signature: registrations done on-site.
Note: The complete billing address for the card must be provided above.
Child's Name:
Special Needs
If you require special services, or have special dietary needs,
please attach a written description to your registration form.
Registration
Registration form must be accompanied by payment made
payable to Florida League of Cities. Mail this form to: Florida
League of Cities, P.O. Box 1757,Tallahassee, FL 32302-
1757. Registration forms must be postmarked by July 24,
2009. Remember: You will not receive housing information
until we have received your PAID registration.
Fax Registration
Fax registrations can be accepted with credit card payment.
Fax: (850) 222-3806.
Online Registration
You can also register online by accessing the Florida League
of Cities Web site at www.flcities.com. If you use this method,
please do not send a hard copy registration form to the
League. This will duplicate your registration information.
Credit Card Information
Credit Card type: 0 MasterCard
Number:
o Visa
Account Name:
_ @ $495.00* $
@ $75.00 $
@ $20.00 $
@ $15.00 $
@ $20.00 $
No.
Total Fee
Fee
@ $45.00
$
@ $40.00
$
@ $50.00 $
Total $
2009 Florida League of Cities Youth Council Program
Saturday, August 15, 2009 · 10:00 a.m. - 4:00 p.m.
We are pleased to once again invite youth councils from throughout the state to participate in the annual conference. Attendees
will learn about issues facing municipalities across the country and will hear from a panel of elected officials and city managers
about potential careers in public service. It will also be an opportunity to network with other Florida youth councils.
The registration fee for this program is only $15 per person and includes the keynote presentation during Saturday's Second
General Session, lunch and specific workshops for council members on city governance and consensus building. For more
information please contact Casey Cook at (850) 701-3609.
Please complete one form per youth council. The form may be duplicated if you are registering more than six people.
Youth Council Name:
Contact Person:
Address:
City:
State:
Zip:
Phone:
FAX:
E-Mail:
Name:
o Student o Chaperone
D Student D Chaperone
o Student D Chaperone
D Student D Chaperone
o Student o Chaperone
D Student o Chaperone
Name:
Name:
Name:
Name:
Name:
Registration Fee = $15.00 per person
Total Amount Enclosed: $ _
Method of Payment: D Check (payable to Florida League of Cities) D Visa
o MasterCard
Credit Card Number:
Exp. Date:
Signature:
Account Name:
Billing Address (If different from above):
Address:
City:
State:
Zip:
Mail checks to: Florida League of Cities, P.O. Box 1757, Tallahassee, FL 32302
Fax Visa or MasterCard payments to: (850) 222-3806
Youth council registration cancellation must be done in writing by mail, fax or e-mail to mhowe@flcities.com. All cancellations
received in the FLC office by 5:00 p.m., Friday, July 31,2009 will receive refunds. Refunds will be issued after the conference.
12
2009 Florida League of Cities Charity Golf Tournament
Thursday - August 13, 2009 · Hawks Landing Golf Club
Benefiting the Boys & Girls Clubs of America
Schedule
7:30 a.m.
8:00 a.m.
Registration at Golf Course
Shotgun Start
Registration Information
Check one: D Team of 4 Players - $260
D Single Player - $65
Organization Name:
Contact:
Address:
City:
Phone:
E-mail:
State:
Fax:
Zip:
Participant Information
Player Name
E-mail
1.
2.
3.
4.
Method of Payment: D Check (payable to Boys & Girls Club of America) D Visa D MasterCard
Credit Card Number:
Exp. Date:
Account Name:
Signature:
Billing Address (If different from above):
Address:
City:
State:
Zip:
Mail checks to: Florida League of Cities, Attn: Mark Sittig, P.O. Box 1757, Tallahassee, FL 32302
Fax Visa or MasterCard payments to: (850) 222-3806
For more information contact Mark Sittig at (850) 701-3639 or marksittig@flcities.com.
13
Florida League of Cities
"Taste of Florida" Closing Night Event Childcare
August 15, 2009
State:
Phone ( )
Cell Phone:
Zip/Postal Code:
Parent Name:
Address:
City:
PI
h hid'
d
II
d
d
dbl
ease ist eac c i s name, aqe an any a erqies or specia nee s as in icate e ow.
Child Name Age Allergies/ Special Needs
Who is authorized to
Name:
Name:
our child?
1. The undersigned parent/guardian, for himself or herself, and his or her heirs, successors and/or
assigned, herby releases, acquits and fully discharges, Sitter Solutions and their respective
shareholders, officers, directors, agents, employees, representatives, predecessors, successors and
assigns from any and all claims, suits, sums of money, judgments, executions, damages, losses,
expenses of any kind including without limitation, court demands, causeS of actions and rights
whatsoever, known or unknown contingent or otherwise, that parent, guardian or child might have, in
whole or in connection with directly or indirectly, in the provision of child care services and or any use
by parent/guardian or their children at such facility.
2. Parent/guardian may not bring toys, jewelry, valuables or medications into child care facility. Sitter
Solutions, Inc. will not be responsible for such items and will not administer medication of any kind.
3. Parent/guardian warrants that the child has no allergies or disabilities, which have not been noted
above.
4. This agreement shall be interpreted and construed under and in accordance with the laws of the State
of Florida.
5. I hereby grant permission for Sitter Solutions, Inc. to take whatever steps necessary to obtain
emergency medical care if warranted. If the parent cannot be reached emergency personnel will be
called.
6. I hereby give permission for photographs/video to be taken of my child (ren) while attending a Sitter
Solutions, Inc. children's convention. These photographs/video may be used for Sitter Solutions, Inc.
This will serve as my authorization to Sitter Solutions, Inc.
Signature
Relationship
For more information, call Sitter Solutions, Inc. at
l-sn -SITTING
Return completed form to Barbara Solis at:
Florida League of Cities, Inc., P. O. Box 1757, Tallahassee, FL 32302-1757;
or fax to (850) 222-3806.
14
c:
t
Women Elected to Municipal Government in Florida
.-"""
Dear Spouses of Florida League of Cities Conference Participants,
Women Eleded to Municipal Government (WEMG) cordially invites you to join us at our
Seventeenth Annual Luncheon held during the Florida League of Cities Conference at the
World Marriott Center in Orlando, Florida.
Our 1'" Annual Luncheon will be held Friday, August 14, 2009,11:45 A.M.
Our Annual Luncheon's purpose is to provide opportunities to network, exchange ideas, seek
solutions to our challenges, and socialize with locally-elected women officials, their spouses, and
friends. The cost of the Luncheon is $25.00. Last year, over one hundred twenty-five elected
officials, their spouses, and friends attended.
Women Elected to Municipal Government was founded in 1991 to encourage active
involvement of women officials in the policy-making process of municipal governments.
WEMG has a cu"ent Membership of over one-hundred Elected Officials throughout
the State 01 Florida.
We are excited about saving your Reservation and look forward to your attendance.
Please complete the Reservation Form, below, then mail the (completed) Registration
Form and your check (payable to Women Elected to Municipal Government (WEMG) to the
address provided at the bottom of this Letter. *We request you mail your Reservation
Form and cheek no later than Friday. AUloS. 7. 200' so we can provide the Hotel
Caterer with an accurate meals count which will include your Reservation.
Si~, . ~
~~ritchett, WE G President
, Council Member, Miami Gardens, Florida
--------
Registration Form (please cut and return with your $25.00 check)
NAME:
MAILING ADDRESS:
CITY, STATE, ZIP:
CONTACT TELEPHONE/CELLULAR NUMBER:
www.wemg.org
PO Box 11492 Jacksonville. FI 32239 Phone (904) 743-6042 Fax {904} 743-6042 Email: contact@Wemg.org
15
Top 10 Reasons to Attend
the Florida League of Cities
83rd Annual Conference in Orlando
around the state
solutions;
2. Pick up innovative ways to expand services and save tax dollars;
some the
influential speakers;
4. Discover ways to win bigger state and federal grants;
;;;lf~S\lVe~"S
6. Visit the Municipal Marketplace exhibits and get information to
solve your city's problems;
-)
1',
on 2009 legislative proposed
Constitutional amendments and put your finger on the
pulse for the upcoming legislative issues of 2010;
8. Find out how to build on your community's strengths;
9
and strategies that win
10. Learn about valuable services from your Florida League of Cities.
The Florida League of Cities Annual Conference!
Be There!
IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM A
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Leg.al Turned in to Procurement
Dates Office
I25J July 7, 2009 June 15, 2009 June 10, 2009 June 8, 2009
0 July 21,2009 July 6, 2009 July 1,2009 June 29, 2009
0 August 4, 2009 July 20, 2009 July 15, 2009 Julv 13,2009
0 August 18,2009 August 3, 2009 July 29, 2009 July 27, 2009
0 Announcements/Presentations I25J City Manager's Reoort
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: At its last meeting the City Commission requested the Utility Department
to provide information on its CIP projects to enable the Commission to make a decision on a possible
roll back of the user rates. Currently, only one of the three Utilities CIP funds carries any non-bonded
projects, however, that fund has no money remaining in it.
EXPLANATION:
The Utilities CIP is funded from three different fund sources, 404, 406, and 403. The 404 projects are
funded by impact fees, and the impact fees do not have any bearing on the user rates. Therefore any
tinkering and deferral ofthe 404 projects will have no effect on the user rates. The 406 projects are
funded from bond proceeds. The current 406 projects that are covered under the existing bond issues
cannot be deferred or eliminated. As discussed at the prior Committee meeting, the debt payments on the
existing bond issues are committed and so is any portion of the user rates that is applied to these
payments. Future bond issues or loans, anticipated for late 2010, would be needed to fund bonded
project expenses after October 2010, and would increase debt service payments.
That leaves the 403 projects as potentially the only non-bonded projects that can be moved around or
deferred. The 403 funds are derived from the Utilities operating revenues. For the proposed FY 2009-10
budget, $1 million in revenues are proposed for transfer to the 403 fund, to renew and replace the
infrastructure on an ongoing basis. This proposed transfer was included in the budget in response to
requests from Commissioners during past budget and rate study presentations, as a means of avoiding
future debt. The Utilities learned this week that there is currently no money left in the 403 account.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT:
Since there is no money left in the 403 account, deferral of designated projects in the 403 account will
not have any impact on the Utilities user rates to effect roll back. Additional funds may have to be
moved from 406 bond funds to cover the mission critical but unfunded 403 projects.
FISCAL IMPACT:
None
AL TERNA TIVES:
To defer future 406 projects that bonds have not been issued for. However, most ofthe Utilities projects
have been rigoro s y valuated and planned to upgrade the City's infrastructure and avoid deterioration
o~,., w:;:r and ast at: ualily that could eventually seriously i~pactthehealth of the community.
t\1J1 ~ 0~i,,^-c'~ \ ,,--,--~L->'-
Department Head's Signature City'Manager's Signature
Assistant to City Manager ~
UTILITIES
Department Name City Attorney / Finance
XC Kofi Boateng, P.E.
Peter Mazzella
Barbara Conboy
Michael Low
File
SIBULLETlN\FORMS\AGENDA ITEM REQUEST FORM. DOC
LIST OF PROJECTS IDENTIFIED AS BEING FUNDED BY RESERVES (NON-
BOND) - THIS FUND IS NOT FUNDED
Funding to
be re- Funding to be derived from future bond
allocated
from fund issues, if not funded via operating fund
406 (2008 transfers.
bond issue)
Project 2009/2010 2010/2011 2011/2012 2012/2013
Regional Plant Issue 63,000 63,000 63,000 63,000
Pump Replacement at 5,000 5,000 5,000 5,000
stormwater pump stations (part
of Misc. Neighborhood)
Water Main Replacement (part 70,000 70,000 70,000 70,000
of Misc. Neighborhood)
Chapel Hill water main 700,000
replacement
Lakeside NE 20th A venue water 305,000 675,000
mam
Large Meter Replacement 5,000 5,000 5,000
North & South Road 1,350,000
Storm water improvements
Rehab Stormwater Systems 600,000 200,000 200,000
various locations
Security Issues 227,670
Water Main SE Quadrant 200,000
Various replacement pumps, 100,000 75,000 100,000 75,000
drvies, transmitters, media
East Plant rehab 4,000,000
Misc. water plant replacements 92,000 167,000 207,000 207,000
LPRO West Water Plant 1,650,000
Master Lift Station Rehab. 316, 250,000 400,000 400,000 400,000
319
Replacement Pumps 200,000 200,000 200,000 200,000
Manhole Rehab 150,000 150,000
LS 206 Rehab 60,000 520,000
Emergency Generators or 140,000 140,000 140,000 140,000
pumps
Alternative energy evaluation 100,000
study
Distribution System Monitoring 200,000 400,000
Mapping; updates 150,000 150,000 150,000 150,000
SUBTOTAL $1,597,670 $5,875,000 $4,105,000 $5,110,000
XII. - LEGAL
DEVELOPMENT
ITEM A.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
D A ri121, 2009 D June 16, 2009
D Ma 5,2009 0 Jul 7, 2009
D Ma 19,2009 D Jul 21,2009 Jul
D June 2, 2009 D Au ust 4, 2009 Jul
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda 0 Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing 0
RECOMMENDATION: Please place this request as a tabled item on the July 7, 2009 City Commission agenda
under Legal, Ordinances - Second Reading. The City Commission tabled this request a second time, again with the purpose
of timing the concurrent processing with the corresponding code amendment and to allow further time to resolve issues raised
by the adjacent property owner. The City Commission on January 20, 2009 approved this item (including First Reading of
the Ordinance) with the corresponding Rezoning and Land Use Amendment which was transmitted to the Department of
Community Affairs (DCA). The State's review is completed and the ordinances have been prepared for adoption. For further
details pertaining to this request, see attached Department Memorandum No. 08-104.
EXPLANATION:
PROJECT: Sam's Club (ANEX 09-001)
AGENT: Bonnie Miskel and Scott Backman
OWNERS: Walmart Stores #8140 / N orthstar Cemetery Services of Florida, LLC
LOCATION: West of North Seacrest Boulevard, South ofHypoluxo Road, 7233 Seacrest
Boulevard and 3691 Seacrest Boulevard
DESCRIPTION: Request to annex the properties.
PROGRAM IMP ACT:
FISCAL IMP ACT: )
AL TERNA TIVES:
~
Development Depa City anager's Signature
Assistant to City Manager CM/
.'lz
PlaMing and Z g Director City Attorney / Finance
S :\Planning\SHARED\ WP\PROJ TS\Sams Club PB MemoriaJ\ANEX 09-00 I \Agenda Item Request Sam's Club ANEX 09-00] 7-7-09.doc
S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM.DOC
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11 ORDINANCE NO. 09- ,'[ .
21 i
31 i AN ORDINANCE OF THE CITY OF BOYNTON
41 BEACH, FLORIDA, ANNEXING 15.78+/- ACRES
5 OF LAND THAT IS CONTIGUOUS TO THE CITY
6 LIMITS WITHIN PALM BEACH COUNTY AND
7 THAT WILL, UPON ANNEXATION, CONSTITUTE
8 A REASONABLY COMPACT ADDITION TO THE
91 CITY BOUNDARIES; PROVIDING THAT THE
I
10 PROPER LAND USE DESIGNA TION AND
11 PROPER ZONING OF THE PROPERTY SHALL BE
12 REFLECTED IN SEPARATE ORDINANCES TO BE
13 PASSED SIMUL T ANEOUSL Y HEREWITH;
14 PROVIDING FOR CONFLICTS, SEVERABILITY,
15 AND AN EFFECTIVE DATE; PROVIDING THAT
16 THIS ORDINANCE SHALL BE FILED WITH THE
17 CLERK OF THE CIRCUIT COURT OF PALM
18 BEACH COUNTY, FLORIDA, UPON ADOPTION.
19
I
201 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the
I development of an Annexation Program: and
21
22 WHEREAS, Walmart Stores #8140, owner, by and through its agents, Bonnie
23 Miskel and Scott Backman, of the property more particularly described hereinafter. have
24 heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of
25 Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a certain tract of
26 land consisting of approximately 15.78+/- acres; and
27 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the
28 following tract of land as hereinafter described, in accordance with Article 1. Section 7 1'\:2)
29 of the Charter of the City and Section 171.044, and] 71.062(2), Florida Statutes; and
30 WHEREAS, said tract of land lying and being within Palm Beach County is
31 I contiguous to the existing city limits of the City of Boynton Beach. and wilL upon Its
32 annexation, constitute a reasonably compact addition to the City boundary
S:ICAIOrdmancesIPlanning\AnnexationSlAnnexation- Sams l'lub due
1
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I
I
I
I
1
11 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
3 Section 1. That each and every Whereas clause is true and correct.
4 Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of
5 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described
6 unincorporated and contiguous tract of land situated and lying and being in the County of
7 Palm Beach, Florida, to wit:
8 See legal descriptions attached hereto as Exhibit "A"
9
10 Subject to easements, restrictions, reservations, covenants and
11 rights-of-way of record.
12
13 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be
14 and become part of the City with the same force and effect as though the same had been
15 originally incorporated in the territorial boundaries thereof.
16 Section3 : That Section 6 and 6(a) of the Charter of the City of Boynton Beach,
17 Florida, is hereby amended to reflect the annexation of said tract of land more particularly
18 described in Section 2 of this Ordinance.
19 Section 4: That by Ordinances adopted simultaneously herewith, the proper City
20 zoning designation and Land Use category is being determined as contemplated in Section
21 171.162(2), Florida Statutes.
22 Section 5. All ordinances or parts of ordinances in conflict herewith are hereby
23 repealed.
24 Section 6: Should any section or provision of this Ordinance or any portion thereof
25 I be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
26 the remainder of this Ordinance.
S '\CA \Ordinances\Planning\Annexation9Annexation - Sarns Club.doc
2
1 Section 7: This Ordinance shall not be passed until the same has been advcr11<:,?
2 for two (2) consecutive weeks in a newspaper of general circulation in the City of BO\nlon
3 Beach, Florida, as required by the City Charter and Section 171.044, FloricL~atutes.
4 Section 8. This ordinance shall become effective immediately upon passage
,
5 Section 9. This ordinance, after adoption, shall be filed with the Clerk of the
6 Circuit Court of Palm Beach County, Florida.
7 FIRST READING this ~ day of JCl.t)Llt:U~ 1 ,2009.
8 SECOND, FINAL READING and PASSAGE this _ day of __________. 2009
9 CITY OF BOYNTON BEACH, FLORlDA
10
11
12 Mayor - Jerry Taylor
13
14
15 Vice Mayor - Jose Rodriguez
16
17
18 Commissioner - Ronald Weiland
19
20
21 Commissioner - Woodrow L. Hay
22
23 --~."._~ ~
24 Commissioner - Marlene Ross
25
26 ATTEST:
27
28
29
30 Janet M. Prainito, CMC
31 City Clerk
32
33
34 (Corporate Seal)
II
S:\CA \Ordinances\Planning\Annexation9-Annexation - Sams Club. d(lC
I 3
II
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 08 - 104
Chair and Members
Planning and Development Board
Hanna Matras
Senior Planner
Michael W. Rumpf
Director of Planning and Zoning
December 1, 2008
Sam's Club/NorthStar/ ANNEX 09-001-LUAR 09-002
To annex the two properties, and to amend the Future Land Use
designation on 41.69 acres from Palm Beach County's
Commercial High with a maximum 5 dwelling units per acre
(CH/5) and Institutional and Public Facilities (INST) to Local
Retail Commercial (LRC), and rezone from Palm Beach County's
Commercial General (CG) and Residential Multifamily (RM) to
Planned Commercial Development (PCD) and C-3 Community
Commercial.
Property Owners:
Applicant/Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Walmart Stores #8140 and NorthStar Cemetery Services of FL,
LLC
Bonnie Miskel and Scott Backman
7233 Seacrest Boulevard/3691 Sea crest Boulevard (Exhibit "A'')
15.80/25.89 acres, a total of 41.69 acres
Sam's Club: Palm Beach County's Commercial High with a
maximum 5 dwelling units per acre (CH/5)
NorthStar: Institutional and Public Facilities (INST)
Sam's Club: Palm Beach County's Commercial General (CG)
NorthStar: Residential Multifamily (RM)
Local Retail Commercial (both properties)
Sam's Club: Planned Commercial Development (PCD)
NorthStar: C-3 Community Commercial
No changes to current uses
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
Adjacent Uses:
North:
South:
Developed commercial properties in unincorporated Palm
Beach County, designated CH/5 and zoned CG. Farther north
right-of-way of Hypoluxo Road.
Undeveloped parcel designated High Density Residential
(HDR) and zoned Multi-Family Residential (R-3), then
townhomes (Pine Point Villas Condo) classified High Density
Residential (HDR) and zoned Multi-family Residential (R-3).
East:
Right-of-way of Sea crest Boulevard, farther east single-family
homes (San Castle subdivision) in unincorporated Palm Beach
County, designated Medium Density Residential (MR-5) and
zoned Residential Multifamily (RM); to the northeast,
developed and vacant commercial properties in Lantana,
designated and zoned C1-Commercial.
West:
Right-of-way of Interstate 1-95.
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning for
the following reasons:
1. The request is consistent with the annexation and other relevant objectives and policies
of the City's Comprehensive Plan.
2. The proposed amendment will benefit the City by contributing to the diversification of its
economy and its tax base.
3. The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within existing capacities, or generate any negative impacts
upon adjacent or nearby properties.
PROJECT ANALYSIS
The two properties which are the subject of this land use amendment total 41.69 acres;
therefore, the proposed land use change qualifies as a large-scale amendment pursuant to
Chapter 163 F.S. Following local board review and City Commission public hearing, a "large-
scale" amendment is transmitted to the Florida Department of Community Affairs for review for
compliance with the state, regional and local comprehensive plans prior to adoption. Following
the review period of approximately 60 days, DCA provides the City with a report of their
findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has
60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with
changes in response to the ORC report, or (3) determine not to adopt the amendment and
inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale
amendments may only be adopted during two amendment cycles each calendar year. This
amendment request is a part of the 1st round of amendments for the 2009 calendar year.
2
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
This proposed amendment is being reviewed for transmittal to the Florida Department of
Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be
scheduled for adoption, tentatively in May 2009.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to/ a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's risk
manager. The planning department shall also recommend limitations or
requirements/ which would have to be imposed on subsequent development of the
property, in order to comply with policies contained in the comprehensive plan.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The request is consistent with the City's annexation program as
described in the following objective and policies in the Comprehensive Plan:
Objective 1.15
Policy 1.15.1
Policy 1.15.2
Policy 1.15.3
The City will continue to expand through annexation of enclaves,
pockets and other contiguous properties.
The City shall continue to promote the orderly annexation of lands
consistent with Chapter 171/ Florida Statutes/ and the Palm Beach County
Annexation Policy.
The City shall utilize four methods of annexation:
1. Voluntary annexation'
2. Annexation by interlocal agreement with Palm Beach County;
3. Compliance with pre-annexation water service agreements from the
City; and
4. Referendum.
The City shall require every property being annexed into the City to
concurrently apply for land use amendment and rezoning to the City's
adopted land use classification and zoning district. "
The request is also consistent with Objective 1.17:
Objective 1.17
The City shall pursue economic development opportunities to
support a competitive and diversified economy.
Sam's Club will contribute to the diversification of the City's economy and the City's fiscal
profile, now overly dependent on the residential sector for its tax revenues.
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the publiC welfare.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The uses of both properties have been long established under the
3
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
Palm Beach County's land use and zoning designations. No changes in use are planned for
either property.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The proposed amendment is requested in conjunction with an application for annexation. The
existing Palm Beach County land use designation and zoning must be changed to the city land
use designation and zoning district.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
As stated, the proposed land use amendment does not entail changes to current use of the
subject properties. The addition of an accessory fuelling facility is currently planned for the
Sam's Club (see the Master Plan review in the last section of this report); a carwash may be
added later. The NorthStar Cemetery Services is planning to add a crematorium sometime in the
future. Both planned additions represent minimal impact upon municipal services as described
below.
Traffic
The refueling facility will be an ancillary use for the Sam's Club and thus there will be a large
proportion of shared trips between the two. The facility will be available exclusively to the Club's
members and will require a membership card for pump activation. The trip characteristics'
analysis done for similar projects indicate the internal trip capture of over 50%.
Likewise, the future addition of the crematorium to the NorthStar's cemetery will not have a
significant impact on the surrounding roadways.
At the time of the site plan application for the respective additions, the concurrency traffic
impact analysis or statement will be provided and will be reviewed by the County for
consistency with the Pal Beach County Traffic Performance Standards ordinance.
Potable Water Clnd Sewer
The City provides both water and sewer services to the Sam's Club property. The addition of a
fuelling station will not have a significant effect on the site's overall water demand and, since
Sam's Club carwash facilities utilize recycled water, a carwash facility would also have a
negligible impact.
Upon annexation, the City will provide water to the NorthStar cemetery, but due to the need for,
and the cost of, the extensive on-site improvements, NorthStar's connection to the City's sewer
system will be postponed. Moreover, the facility will continue to use well water for irrigation
purposes.
Water Demand
Land Use
Existingl Proposed Offire,lCremataim
O1urch
Generation Rate Units
25 GPD per emplOf 16
5 GPD per seat 120
Total GDP
400
600
1,000
4
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
The future addition of a crematorium will have a marginal impact, accounted for in the above
table. The generation rates for office and church uses are applied in demand calculations for the
existing funeral home and chapel buildings.
Potable Water Facilities
Water Plant Capacity* (peak day) 27,000,000
Committed capacity (actual flow + reserved capacity, peak day 23,622,289
Remaining capacity 3,377,711
SFWMD permitted withdrawals (average day) 21,490,000
Contracted amount to purchase from County 5,000,000
Expiration date of water use permit August 14, 2010
*Includes 5,000,000 contracted to purchase for Palm Beach County
As shown, the projected increase in water demand is insignificant as compared to the remaining
capacity. Likewise, the additional sewer capacity that would be required for the NorthStar
cemetery in the future is minimal and can easily be accommodated by the City's facilities.
Sewer Demand
Land Use Generation Rate Units Total GDP
Existing/Proposed Officel Crematori m 25 GPD per emplOYeE 16 400
Church 5 GPD per seat 120 600
1,000
Sanitary Sewer Facilities
Sewer Treatment Capacity 24 MGD
Committed or allocated capacity (MGD) 18.56
Available capacity (MGD) 2.72
Solid Waste
The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's municipalities throughout the 10-year planning period.
Drainage
Drainage will also be reviewed in detail as part of the site plan approval process, and must
satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
The use of the subject properties will not change; the proposed rezoning will be compatible
with adjacent and nearby properties. The proposed land use and zoning for the Sam's Club
property is similar to the current County land use and zoning designations. The Local Retail
Commercial land use classification is proposed for both the Sam's Club and the NorthStar
property. Both properties would also have commercial zoning designations, with a PCD zoning
requested for Sam's Club and C-3 zoning for NorthStar. The NorthStar cemetery, which is a
commercial enterprise, constitutes an appropriate transitional use between the high intensity
commercial Sam's Club to the north and residential uses to the south. Given the unfeasibility of
5
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
redevelopment of a large existing cemetery, a proposed commercial zoning has a negligible
potential for negative impact on nearby residential properties in the future.
The proposed commercial land use and zoning designation for the NorthStar cemetery will
accommodate the plan to subsequently add a crematorium. It also reflects a commercial, rather
than a public use of the property. It should also be noted that the commercial zoning would
accommodate the placement of a billboard on the cemetery property, pursuant to Florida
Statutes and the 2001 settlement agreement between the City and two advertising
corporations. The settlement allows for the placement of a set number of billboards at various
locations along the 1-95 right-of-way, subject to, in part, a residential separation standard and
all applicable siting standards of Florida Statutes. The subject property would allow for the
siting of one of the two remaining billboards allowed under the agreement, with minimal
impacts on residential and other land uses.
The requested C-3 zoning for the NorthStar property will require a code amendment, which
staff will propose and initiate to be timed with ultimate adoption of the subject request. The
code amendment is necessary as the current C-3 regulations only allow a funeral home as a
permitted use and funeral home with a crematorium as a conditional use. The amendment
would establish a cemetery in conjunction with a funeral home as a permitted use in the C-3
zoning district.
f. Whether the property is physically and economically developable under the existing
zoning.
The proposed reclassification/rezoning involves developed properties and is a necessary action
in conjunction with an annexation.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning is reasonably related to the needs of the
neighborhood and the city as a whole (see above sections "e" and "f'').
h. Whether there are adequate sites elsewhere in the city for the proposed use/ in
districts where such use is already allowed.
The proposed amendment is requested for the already developed properties and in conjunction
with an application for annexation. No use changes are planned for either property.
MASTER PLAN ANALYSIS FOR SAM'S CLUB
When requesting to rezone property to a planned district, such as Planned Commercial
Development (PCD), the applicant is required to submit a Master Plan depicting the location of
site improvements, proposed traffic patterns and site data. Since the existing Sam's Club is
requesting PCD zoning, the applicant has submitted the requisite master plan. The master plan
depicts the existing one-story, 134,100 square foot Sam's Club building situated in the
southwest corner of the property, as well as a proposed Sam's membership gas station and
carwash facility in the northeast corner of the property.
6
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
The plan depicts parking on all sides of the property, with the largest parking fields to the east
and north of the existing Sam's structure. With the inclusion of the gas and carwash facility, the
site proposes 683 parking spaces, four (4) spaces in excess of the required 679. Access to the
property would be through four (4) existing driveways, one (1) from Hypoluxo Road, just east
of Sea crest Boulevard, and three (3) existing drives off of Sea crest Boulevard, at the northern
edge, center and southern edge of the site. The site has traffic circulation completely around
the site and existing and proposed structures, for ease of service delivery and emergency
access.
Planned Commercial District regulations establish setbacks and buffers in excess of standard
commercial zoning districts. The existing 134,100 square foot building would exceed all of the
district setback requirements; front - 40' required/355' provided, side - 30' required/45' & 270'
provided, and rear - 40' required/65' provided. As for setback requirements applicable to the
proposed gas and carwash facility, the code sets forth special setback regulations for gas
stations, which would be met with the plan submitted; front - 35' required/36' proposed, side -
20' required/555' & 130' proposed, and rear - 20' required/220' provided. Buffers are to be
designed in accord with the peripheral greenbelt regulations, which require a minimum 10 foot
landscape greenbelt area around the entire site. As this is a developed site, approved under
Palm Beach County zoning regulations, the site, including numerous tree preservation
easements, complies with this requirement, except for an approximate 190 foot long segment
along the south side of the building abutting the cemetery property. Since only this small strip
falls short of the PCD requirement, staff will require a denser planting scheme to be
accomplished when the formal site plan is brought forward in the future to approve the gas and
carwash facility addition. A final code provision of note within the special gas station regulations
associated with Planned Commercial Development districts requires gas pump islands and
associated canopies be located a minimum of 200 feet from any public right-of-way. As this
requirement would place the fueling operations directly in front of the front door to the existing
Sam's Club building and would displace the established and most convenient customer parking,
staff suggests that a code amendment be undertaken to accommodate those properties
requesting PCD zoning with existing improvements, which are annexed into the City. All other
aspects of development review will be accomplished during the site plan review process
associated with the previously mentioned future improvements.
Relative to the NorthStar Cemetery Services of FL, LLC request for C-3 zoning, a master plan is
not required as part of the rezoning. The applicant has suggested the possibility of modifying
the site at some point in the future to accommodate a crematorium. When the applicant is
ready to bring forward such a proposal, staff will initiate the necessary site plan review process.
CONCLUSIONS/RECOMMENDATIONS
The request is consistent with the objectives of the City's annexation program and relevant
policies in the Comprehensive Plan. Furthermore, it will benefit the City's economy without
creating additional impacts on infrastructure that cannot be accommodated within existing
capacities, and without generating any negative impacts upon adjacent or nearby properties.
Therefore, staff recommends that the subject request be approved.
ATTACHMENTS
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LEGAL DESCRIPTION
OF
PARCEL 1
7233 SEACREST BOULEVARD
PARCEL CONTROL NUMBER 00-43-45-09-23-000-0010
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER (NWI/4) OF SECTION 9,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND KNOWN AS
BEING PARCEL NO. I OF HY-CREST CENTER, AS RECORDED IN PLAT BOOK 64, PAGE 177-178
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING FURTHER
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS DISK FOUND AT THE INTERSECTION OF THE
CENTERLINES OF HYPOLUXO ROAD (WIDTH V ARIES) AND SEACREST BOULEVARD (80
FEET WIDE) AND BEING THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF
SECTION 9;
THENCE SOUTH 02029' 14" WEST ALONG THE CENTERLINE OF SEACREST
BOULEV ARD AND THE EASTERLY LINE OF THE NORTHWEST QUARTER OF SECTION 9,
696.58 FEET TO A POINT;
THENCE NORTH 87030'46" WEST, 40.00 FEET TO THE WESTERLY RIGHT-OF-WAY OF
SEACREST BOULEVARD AND BEING THE PRINCIPAL PLACE OF BEGINNING OF THE
PREMISES HEREIN DESCRIBED;
THENCE SOUTH 02029'14" WEST ALONG THE WESTERLY RIGHT-OF-WAY OF
SEACREST BOULEVARD, 522.21 FEET TO A PERMANENT REFERENCE POINT (5/8" IRON PIN
CAPPED #3935 FOUND (0.07 FEET NORTH AND 0.19 FEET EAST) AT THE NORTHEASTERLY
CORNER OF LAND CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC (PARCEL
CONTROL NUMBER 00-43-45-09-05-001-0020 & 00-43-45-09-00-000-3630) BY DEED DATED
DECEMBER 28, 2004 AND RECORDED IN O.R. BOOK 17943, PAGE 691 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE NORTH 88055' 16" WEST ALONG A NORTHERLY LINE OF LAND SO
CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 545.43 FEET TO A PERMANENT
REFERENCE POINT (5/8" IRON PIN CAPPED #3935) FOUND;
THENCE SOUTH 03027' 44" WEST ALONG A WESTERLY LINE LAND SO CONVEYED TO
KEATLEY INVESTMENTS-PALM BEACH, LLC, 160.14 FEET TO A P.K. NAIL & WASHER
FOUND IN ASPHALT PAVEMENT;
THENCE NORTH 88055' 16" WEST CONTINUING ALONG A NORTHERLY LINE OF LAND
SO CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 344.35 FEET TO A 5/8" IRON
PIN CAPPED #3935 FOUND AND DISTURBED ON THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWA Y NUMBER 95 (1-95);
THENCE NORTH 01001' 59" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (1-95), A DISTANCE OF 180.00 FEET;
THENCE NORTH 36002' 54" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWA Y NUMBER 95 (1-95), ]43.16 FEET TO A POINT;
THENCE NORTH 10038' 03" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (1-95), 587.24 FEET;
- All
e YN 113 i I
THENCE NORTH Or25' 24" E,t\.sr ALONG THE EASTERLY RIGHT-O!--V/^. j ".'\1,;
,-j;
INTERSTATE HIGHWAY NUMBER 95 (1-951, 7.25 FEET TO ;\ 5/8" IRON PIN CAPPED ::393:"
FOUND AND DISTURBED AT THE SOUTHWESTERLY CORNER OF LAND CONVE\'ED TO
KRISHNA REALTY, INC. (PARCEL CONTROL NUMBER 00-43-45-09-23-000-0022) B'{ DEED
DATED FEBRLJARY 12,2000 AND RECORDED IN O.R. BOOK 1 ]607, PAGE ,32 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY. FLORID,tI..
THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO
CONVEYED TO KRISHNA REALTY, INC., 342.66 FEET TO A ";' IRON PIN FOUND (006 FEET
NORTH AND 0.37 FEET WEST);
THENCE NORTH 02029' 14" EAST ALONG THE EASTERLY LINE OF LAND SO
CONVEYED TO KRISHNA REALTY, INC., 152.37 FEET TO A POINT AT THE SOUTHWESTERLY
CORNER OF LAND CONVEYED TO TACO BELL OF AMERICA, INC. (PARCEL CONTROL
NUMBER 00-43-45-09-23-000-0030) BY DEED DATED DECEMBER 28, 1999 AND RECORDED IN
Ox. BOOK 11529, PAGE 866 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO
CONVEYED TO TACO BELL OF AMERICA, INC., 187.21 FEET TO A "2" IRON PIN FOUND (0]2
FEET SOUTH AND 0.33 FEET WEST);
THENCE NORTH 02029' 14" EAST ALONG THE EASTERLY LINE OF LAND SO
CONVEYED TO TACO BELL OF AMERICA, INC 301.75 FEET TO A POINT ON THE
SOUTHERL Y RIGHT-OF-WAY OF AFORESAID HYPOLUXO ROAD:
THENCE SOUTH 88053' 16" EAST ALONG THE SOUTHERLY RIGHT-Of-WAY OF
HYPOLUXO ROAD, 54.00 FEET TO A POINT AT THE NORTHWESTERLY CORNER OF LAND
CONVEYED TO MOBIL OIL CORPORATION (PARCEL NO.6) (PARCEL CONTROL NUMBER 00-
43-45-09-00-000-3070) BY DEED DATED APRIL 03, 1972 AND RECORDED IN O.R. BOOK 1997.
PAGE 176 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA:
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO
CONVEYED TO MOBIL OIL CORPORATION, ]37.00 FEET TO A PERMANENT REFERENCE
POINT (5/8" IRON PIN CAPPED #3935) FOUND (0.01 FEET SOUTH AND 0.16 FEET WEST) AT
THE NORTHWESTERLY CORNER OF LAND CONVEYED TO MICHEL P. BARBERIS (PARCEL
CONTROL NUMBER 00-43-45-09-23-000-0040) BY DEED DATED APRIL 20, 2004 AND
RECORDED IN O.R. BOOK ]6830. PAGE 1291 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
THENCE SOUTH] ] 031 '09 WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED
TO MICHEL P. BARBERIS, 60.75 FEET TO A POINT:
THENCE SOUTH 02029' 14" WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED
TO MICHEL P. BARBERIS, 142.00 FEET TO A POINT;
THENCE SOUTH 87030'46" EAST THE SOUTHERLY LINE OF LAND SO CONVEYED TO
MICHEL P. BARBERIS, 147.50 FEET TO THE WESTERLY LINE OF TRACT "A" CSED FOR
RIGHT -OF - WAY OF SEACREST BOULEY ARD OF SAID HY -CREST CENTER:
THENCE SOUTH 02029' ]4" WEST ALONG THE R1GHT-OF-WA Y OF SEA CREST
BOULEVARD, 40.00 FEET TO A P.K. NAIL & WASHER FOUND IN ASPHALT PAVEMENT (0.]0
FEET NORTH, 0.22 FEET WEST) AND BEING THE NORTHEASTERLY CORNER OF LAND
CONVEYED TO WAL-MART STORES, INC. (PARCEL 5) (PARCEL CONTROL NUMBER 00-43-45-
09-23-000-0050) BY DEED DATED JANUARY 24, 1989 AND RECORDED IN O.R. BOOK 5<)45.
PAGE ]460 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA:
THENCE NORTH 87030'46" WEST ALONG THE NORTHERLY LINE OF LAND SO
CONVEYED TO WAL-MART STORES, INC. (PARCEL 5), 166.00 FEET TO A P.K. NAIL SET IN
ASPHAL T PAVEMENT;
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO
CONVEYED TO WAL-MART STORES, INC. (PARCEL 5), 260.00 FEET TO A 5/8"X30" IRON PIN
CAPPED (RIVERSTONE CO DUDLEY LS6527) SET;
THENCE SOUTH 87030'46" EAST ALONG THE SOUTHERLY OF LAND SO CONVEYED
TO WAL-MART STORES, INC. (PARCEL 5), PASSING THROUGH A PERMANENT REFERENCE
POINT (5/8" IRON PIN CAPPED #3935) FOUND (0.07 FEET SOUTH AND 0.12 FEET WEST) AT
166.00 FEET, A DISTANCE OF 178.00 FEET TO THE PRINCIPAL PLACE OF BEGINNING AND
CONTAINING 14.7961 ACRES OF LAND AS SURVEYED AND DESCRIBED BY EDWARD B.
DUDLEY, L.S. NO. 6527 OF THE RIVERSTONE COMPANY IN OCTOBER OF 2008, BE THE SAME
MORE OR LESS, BUT SUBJECT TO ALL LEGAL HIGHW A YS, EASEMENTS AND
RESTRICTIONS.
All 5/8"X30" IRON PIN SET AND CAPPED (RIVERSTONE CO DUDLEY LS6527)
DEED OF REFERENCE
LAND CONVEYED TO WAL-MART STORES, INC. BY DEED DATED JANUARY 24, 1989 AND
RECORDED IN OFFICIAL BOOK 5945, PAGE 1460 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
BASIS OF BEARINGS:
THE CENTERLINE OF SEACREST BOULEVARD AS SOUTH 02029'14" WEST AS RECORDED IN
HY -CREST CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 64,
PAGE 177-178 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
CLOSURE
North: 4748.19 East: 4943.64
Line Course: S 02-29-14 W Length: 522.2]
North: 4226.47 East: 4920.98
Line Course: N 88-55-16 W Length: 545.43
North: 4236.74 East: 4375.65
Line Course: S 03-27-44 W Length: 160.14
North: 4076.89 East: 4365.98
Line Course: N 88-55-16 W Length: 344.35
North: 4083.37 East: 402] .69
Line Course: N 01-0]-59 E Length: ] 80.00
North: 4263.35 East: 4024.93
Line Course:N36-02-54E Length: ]43.16
North: 4379.09 East : 4 ] 09, 18
Line Course: N ] 0-38-03 E Length: 587.24
North: 4956.25 East: 4217.54
Line Course: N 07-25-24 E Length: 7.25
North: 4963.44 East: 4218.48
Line Course: S 87-30-46 E Length: 342.66
North: 4948.57 East: 4560.82
Line Course: N 02-29-14 E Length: J52.37
North: 5100.79 East: 4567.43
Line Course: S 87-30-46 E Length: 187.21
North: 5092.67 East: 4754.46
Line Course: N 02-29-14 E Length: 301.75
North: 5394.] 3 East: 4767.56
Line Course: S 88-53- J 6 E Length: 54.00
North: 5393.09 East: 482] .55
Line Course: S 02-29-] 4 W Length: 137.00
North: 5256.22 East: 4815.60
Line Course: S 11-31-09 W Length: 60.75
?\lorth: 5] 96.69 East: 4803.47
Line Course: S 02-29-14 W Length: 142.00
North: 5054.82 East: 4797.3 I
Line Course: S 87-30-46 E Length: 147.50
North: 5048.42 East: 4944.67
Line Course: S 02-29- J 4 W Length: 40.00
North: 5008.46 East: 4942.9:;
Line Course: N 87-30-46 W Length: ]66.00
NOlih: 50]5.66 East: 4777.0CJ
Line Course: S 02-29-] 4 W Length: 260.00
North: 4755.91 East: 4765.8!
Line Course: S 87-30-46 E Length: ] 78.()()
NOlih: 4748.]8 East: 4943.64
Perimeter: 4659.01 Area: 644,518 sq.ft. 14.796\ acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.00 Course: S ] 9-24-:::> \ W
Error North: -0.003 East: -0.00]
Precision \: 4,659,020,000.00
SAM'S CLUB FUELING STATION SERVICE PUMPS PARCEL
(aka PARCEL 5)
LEGAL DESCRIPTION OF AREA OF INTEREST
A parcel of land lying in the Northwest Quarter (NW Y4) of Section 9, Township 45 South,
Range 43 East, Palm Beach County, Florida, and known as being Parcel No.5 of Hy-Crest
Center, as recorded in Plat Book 64, Page 177-178 of the Public Records of Palm Beach County,
Florid, and being further bounded and described as follows:
COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road
(width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast corner of said
Northwest Quarter of said Section 9;
Thence South 020 29' 14" West, along the centerline of Seacrest Boulevard and the east line of
the Northwest Quarter of Section 9, a distance of 696.58 feet to a point;
Thence North 8]0 30' 46" West, a distance of 52.00 feet to a permanent reference point (5/8"
iron pin capped #3935) found on the westerly line of Tract "A" used for right-of-way of Seacrest
Boulevard and being the Principal PLACE OF BEGINNING of the premises herein described;
Thence continue North 870 30' 46" West, along a Northerly line of land conveyed to Wal-Mart
Stores, Inc. (Parcel No.1) (Parcel Control Number 00-43-45-09-000-0010) by deed dated
January 24,1989 and recorded in O.R.B. 5945, Page 1460 of the Public Records of Palm Beach
County, Florida, a distance of 166.00 feet to a 5/8" x 30" iron pin capped (Riverstone Co.
Dudley LS6527) set;
Thence North 020 29' 14" East, along a easterly line of land so conveyed to Wal-Mart Stores,
Inc. (Parcel No.1) a distance of260.00 feet to a P.K. nail set;
Thence South 870 30' 46" East along a Southerly line ofland so conveyed to Wal-Mart Stores,
Inc. (Parcel No.1), a distance of 166.00 feet to a P.K. nail and washer found in asphalt pavement
and being the Westerly right-of-way line of Seacrest Boulevard;
Thence South 02029' 14" West along the Westerly right-of-way line of said Seacrest Boulevard,
a distance of 260.00 feet to the Principal PLACE OF BEGINNING, and containing 0.991 acres
of land as surveyed and described by Edward B. Dudley, L.S. No. 6527 of the Riverstone
Company in October of 2008, be the same more or less, but subject to all leg al highways,
easements and restrictions.
Note: All 5/8" x 30" iron pins set and capped (Riverstone Co Dudley LS6527).
SAM'S CLUB AND Nm:;.TH5TAR PROI?'ERTtES EXHIBIT "~'
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- .
Meeting Minutes
Regular City Commission
Boynton Beach, FL January 20, 2009
Community Alliance group. Carisse Lejeune, Assistant to the City Manager, added it was the first
quarterly report after approval of the recommendations of the Green Task Force by the City
Commission. The report was a status update on summary projects and initiatives that were either
completed or underway and in the planning stage.
Ms. Lejeune requested a policy decision by the Commission for the Affordable Housing Initiative
on the use of WaterWise landscaping materials and irrigation design in housing projects for water
conservation measures. She asked that the measure be included as one of the approved
recommendations of Green Task Force. Mr. Bressner pointed out the Land Development
Regulations would need to be amended with a Code change and public hearings rather than an
administrative decision.
There was consensus that the issue be returned to the Commission for consideration.
Motion
Commissioner Ross moved to approve Item VI.D. Commissioner Hay seconded the motion.
The motion passed unanimously.
Mayor Taylor requested an update on the boundless playground project.
Wally Majors, Director of Recreation and Parks, advised bids had been sent out and were due
by the end of January. Hopefully a contract could be awarded in February with construction
commencing in April with project completion in a year or less.
Returning to the Item VI.B.1., Mayor Taylor questioned why one of the members on the
committee that selected the golf instructor was an employee from Delray Beach. Mr. Majors
responded the gentleman had an extensive background in tennis with a similar tennis center
and contractual agreements needed to operate the facility. He brought an added level of
expertise to the panel.
VII. CODE COMPUANCE & LEGAL SElTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
Attorney Cherof administered an oath to all those intending to testify on any quasi-judicial
proceedings before the Commission and gave a brief overview of the procedure to be followed.
A. Project: Sam's Club/Northstar (ANEX 09-001)
Agent: Bonnie Miskel and Scott Backman
10
Meeting Minutes
Regular City Commission
Boynton Beach, FL January 20, 2009
Owner: Walmart Stores #8140/Northstar Cemetery Services of Florida,
LLC
Location: West of North Seacrest Blvd, South of Hypoluxo Rd. 7233
Seacrest Blvd and 3691 Seacrest Blvd.
Description: Request to annex the properties. (Silm's Club -- 1st Reading
Proposed Ordinance No. 09-003) (NortlrstJlr - 1st Reading
Proposed Ordinance No. 09-004)
B. Project: Sam's Club/Northstar (LUAR 09-002)
Agent: Bonnie Miskel and Scott Backman
Owner: Walmart Stores #8140/Northstar Cemetery Services of Florida,
LLC
Location: West of North Sea crest Blvd., South of Hypoluxo Road, 7233
Seacrest Blvd. and 3691 Seacrest Blvd.
Description: Request to amend the Comprehensive Plan Future Land Use Map
classification on :i:41.49 acres of land from Commercial High
(CHIS) and Institutional (Palm Beach County) to Local Retail
Commercial (LRC).(Silm's Club -- 1st Reading Proposed
Ordinance No. 09-005) (Northstar - 1st Reading Proposed
Ordinance No. 09-006)
Request to rezone from Palm Beach County Commercial General
(CG) and Residential Multifamily (RM) to Planned Commercial
Development (PCD) and C-3, Community Commercial. (Sam's
Club -- 1st Reading Proposed Ordinance No. 09-007)
(Northstar _1st Reading Proposed Ordinance No. 09-008)
Hanna Matras, Senior Planner addressed the annexation, land use amendment and rezoning for
both Items VIII. A and B. The request covered two properties; Sam's Club and Northstar
Cemetery. It included a total of 41.49 acres. She reviewed the current zoning designations and
the request to change to Local Retail Commercial. Sam's Club would be Planned Commercial
Development zoning and Northstar would be C-3, Community Commercial. There would be no
current changes to the existing uses. In the future, Sam's Club would be adding a fueling
facility and Northstar would be adding a crematorium. Staff recommended approval of the
annexation, land use amendment and rezoning. The requests met all the necessary criteria for
approval as outlined in the staff report.
Scott Backman, legal counsel for the applicants, commended staff for their cooperation. He
was present to answer any questions. Attorney Cherof pointed out the requests would return
to the Commission after transmission for approval by the Department of Community Affairs. A
separate annexation agreement would be brought before the Commission also. Any conditions
of approval would be included in the annexation agreement.
Mayor Taylor opened the issue for public hearing or comment.
No one coming forward, Mayor Taylor closed the public hearing.
11
Meeting Minutes
Regular City Commission
Boynton Beach, FL January 20, 2009
,,---
Attorney Cherof read Proposed Ordinance No. 09-003 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-003. Commissioner Weiland
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-004 by title only on first reading.
Motion
Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 09-004. Commissioner Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-005 by title only on first reading.
Motion
Commissioner Weiland moved to approve Proposed Ordinance No. 09-005. Commissioner Hay
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-006 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-006. Commissioner Ross
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-007 by title only on first reading.
12
XII. - LEGAL
DEVELOPMENT
CITY OF BOYNTON BEACH ITEM A.2
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to Citv Clerk's Commission Meeting Dates Turned in to Citv Clerk's
Dates Office Office
0 A ri121, 2009 C June 16, 2009
0 Ma 5,2009 IS 7,2009
0 Ma 19,2009 0 21,2009 Jul
0 June 2, 2009 0 Jul
0 AnnouncementslPresentations 0 Citv Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda IZI Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this request as a tabled item on the July 7, 2009 City Commission agenda
under Legal, Ordinances - Second Reading, The City Commission tabled this request a second time, again with the purpose
of timing the concurrent processing with the corresponding code amendment and to allow further time to resolve issues raised
by the adjacent property owner. The City Commission on January 20, 2009 approved this item (including First Reading of
the Ordinance) with the corresponding Rezoning and Land Use Amendment which was transmitted to the Department of
Community Affairs (DCA). The State's review is completed and the ordinances have been prepared for adoption, For further
details pertaining to this request, see attached Department Memorandum No, 08-104,
EXPLANATION:
PROJECT: Northstar (ANEX 09-001)
AGENT: Bonnie Miskel and Scott Backman
OWNERS: Walmart Stores #8140 / Northstar Cemetery Services of Florida, LLC
LOCATION: West of North Seacrest Boulevard, South ofHypoluxo Road, 7233 Seacrest
Boulevard and 3691 Seacrest Boulevard
DESCRIPTION: Request to annex the properties,
PROGRAM IMP ACT: N/A
FISCAL IMP ACT: N/A ~~hrr'
ALTERNATIVES: N/A
Development Departme
Assistant to City Manager ~
Planning an , ng Director City Attorney / Finance
S:\Planning\SHARED\ WP\PR JECTS\Sams Club PB Memorial\ANEX 09-001 \Agenda Item Request Northstar ANEX 09-00 I 7-7 -09,doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DIVISION
MEMORANDUM NO. PZ 08 - 104
Chair and Members
Planning and Development Board
Hanna Matras
Senior Planner
Michael W. Rumpf
Director of Planning and Zoning
December 1, 2008
Sam's Club/NorthStar/ ANNEX 09-001-LUAR 09-002
To annex the two properties, and to amend the Future Land Use
designation on 41.69 acres from Palm Beach County's
Commercial High with a maximum 5 dwelling units per acre
(CH/5) and Institutional and Public Facilities (INST) to Local
Retail Commercial (LRC), and rezone from Palm Beach County's
Commercial General (CG) and Residential Multifamily (RM) to
Planned Commercial Development (PCD) and C-3 Community
Commercial.
Property Owners:
Applicant/Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Walmart Stores #8140 and NorthStar Cemetery Services of FL,
LLC
Bonnie Miskel and Scott Backman
7233 Seacrest Boulevard/3691 Sea crest Boulevard (Exhibit "A'')
15.80/25.89 acres, a total of 41.69 acres
Sam's Club: Palm Beach County's Commercial High with a
maximum 5 dwelling units per acre (CH/5)
NorthStar: Institutional and Public Facilities (INST)
Sam's Club: Palm Beach County's Commercial General (CG)
NorthStar: Residential Multifamily (RM)
Local Retail Commercial (both properties)
Sam's Club: Planned Commercial Development (PCD)
NorthStar: C-3 Community Commercial
No changes to current uses
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
Adjacent Uses:
North:
South:
Developed commercial properties in unincorporated Palm
Beach County, designated CH/5 and zoned CG. Farther north
right-of-way of Hypoluxo Road.
Undeveloped parcel designated High Density Residential
(HDR) and zoned Multi-Family Residential (R-3), then
townhomes (Pine Point Villas Condo) classified High Density
Residential (HDR) and zoned Multi-family Residential (R-3).
East:
Right-of-way of Seacrest Boulevard, farther east single-family
homes (San Castle subdivision) in unincorporated Palm Beach
County, designated Medium Density Residential (MR-5) and
zoned Residential Multifamily (RM); to the northeast,
developed and vacant commercial properties in Lantana,
designated and zoned C1-Commercial.
West:
Right-of-way of Interstate I-95.
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning for
the following reasons:
1. The request is consistent with the annexation and other relevant objectives and policies
of the City's Comprehensive Plan.
2. The proposed amendment will benefit the City by contributing to the diversification of its
economy and its tax base.
3. The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within existing capacities, or generate any negative impacts
upon adjacent or nearby properties.
PROJECT ANALYSIS
The two properties which are the subject of this land use amendment total 41.69 acres;
therefore, the proposed land use change qualifies as a large-scale amendment pursuant to
Chapter 163 F.S. Following local board review and City Commission public hearing, a "large-
scale" amendment is transmitted to the Florida Department of Community Affairs for review for
compliance with the state, regional and local comprehensive plans prior to adoption. Following
the review period of approximately 60 days, DCA provides the City with a report of their
findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has
60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with
changes in response to the ORC report, or (3) determine not to adopt the amendment and
inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale
amendments may only be adopted during two amendment cycles each calendar year. This
amendment request is a part of the 1st round of amendments for the 2009 calendar year.
2
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
This proposed amendment is being reviewed for transmittal to the Florida Department of
Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be
scheduled for adoption, tentatively in May 2009.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to, a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's risk
manager. The planning department shall also recommend limitations or
requirements, which would have to be imposed on subsequent development of the
property, in order to comply with policies contained in the comprehensive plan.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The request is consistent with the City's annexation program as
described in the following objective and policies in the Comprehensive Plan:
Objective 1.15
Policy1. 15. 1
Policy 1.15.2
Policy 1.15.3
The City will continue to expand through annexation of enclaves,
pockets and other contiguous properties.
The City shall continue to promote the orderly annexation of lands
consistent with Chapter 171, Florida Statutes, and the Palm Beach County
Annexation Policy.
The City shall utilize four methods of annexation:
1. Voluntary annexation;
2. Annexation by interlocal agreement with Palm Beach County;
3. Compliance with pre-annexation water service agreements from the
City; and
4. Referendum.
The City shall require every property being annexed into the City to
concurrently apply for land use amendment and rezoning to the City's
adopted land use classification and zoning district. "
The request is also consistent with Objective 1.17:
Objective 1.17
The City shall pursue economic development opportunities to
support a competitive and diversified economy.
Sam's Club will contribute to the diversification of the City's economy and the City's fiscal
profile, now overly dependent on the residential sector for its tax revenues.
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the publiC welfare.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The uses of both properties have been long established under the
3
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
Palm Beach County's land use and zoning designations. No changes in use are planned for
either property.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The proposed amendment is requested in conjunction with an application for annexation. The
existing Palm Beach County land use designation and zoning must be changed to the city land
use designation and zoning district.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
As stated, the proposed land use amendment does not entail changes to current use of the
subject properties. The addition of an accessory fuelling facility is currently planned for the
Sam's Club (see the Master Plan review in the last section of this report); a carwash may be
added later. The NorthStar Cemetery Services is planning to add a crematorium sometime in the
future. Both planned additions represent minimal impact upon municipal services as described
below.
Traffic
The refueling facility will be an ancillary use for the Sam's Club and thus there will be a large
proportion of shared trips between the two. The facility will be available exclusively to the Club's
members and will require a membership card for pump activation. The trip characteristics'
analysis done for similar projects indicate the internal trip capture of over 50%.
likewise, the future addition of the crematorium to the NorthStar's cemetery will not have a
significant impact on the surrounding roadways.
At the time of the site plan application for the respective additions, the concurrency traffic
impact analysis or statement will be provided and will be reviewed by the County for
consistency with the Pal Beach County Traffic Performance Standards ordinance.
Potable Water ~nd Sewer
The City provides both water and sewer services to the Sam's Club property. The addition of a
fuelling station will not have a significant effect on the site's overall water demand and, since
Sam's Club carwash facilities utilize recycled water, a carwash facility would also have a
negligible impact.
Upon annexation, the City will provide water to the NorthStar cemetery, but due to the need for,
and the cost of, the extensive on-site improvements, NorthStar's connection to the City's sewer
system will be postponed. Moreover, the facility will continue to use well water for irrigation
purposes.
Water Demand
Land Use
Existingl Proposed OfficelCremataim
O1urch
Generation Rate Units
25 GPD per anplCJy' 16
5 GPD ~r seat 120
Total GDP
400
600
1,000
4
File Number: LUAR 09-002-ANEX 09-001
Sam's ClubjNorthStar
The future addition of a crematorium will have a marginal impact, accounted for in the above
table. The generation rates for office and church uses are applied in demand calculations for the
existing funeral home and chapel buildings.
Potable Water Facilities
Water Plant Capacity* (peak day) 27,000,000
Committed capacity (actual flow + reserved capacity, peak day 23,622,289
Remaining capacity 3,377,711
SFWMD permitted withdrawals (average day) 21,490,000
Contracted amount to purchase from County 5,000,000
Expiration date of water use permit August 14, 2010
*Includes 5,000,000 contracted to purchase for Palm Beach County
As shown, the projected increase in water demand is insignificant as compared to the remaining
capacity. Likewise, the additional sewer capacity that would be required for the NorthStar
cemetery in the future is minimal and can easily be accommodated by the City's facilities.
Sewer Demand
Land Use Generation Rate Units Total GDP
Existingl Proposed Office/Crematorim 25 GPD per employee 16 400
Church 5 GPD per seat 120 600
1,000
Sanitary Sewer Facilities
Sewer Treatment Capacity 24 MGD
Committed or allocated capacity (MGD) 18.56
Available capacity (MGD) 2.72
Solid Waste
The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's municipalities throughout the 10-year planning period.
Drainage
Drainage will also be reviewed in detail as part of the site plan approval process, and must
satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
The use of the subject properties will not change; the proposed rezoning will be compatible
with adjacent and nearby properties. The proposed land use and zoning for the Sam's Club
property is similar to the current County land use and zoning designations. The Local Retail
Commercial land use classification is proposed for both the Sam's Club and the Northstar
property. Both properties would also have commercial zoning designations, with a PCD zoning
requested for Sam's Club and C-3 zoning for NorthStar. The NorthStar cemetery, which is a
commercial enterprise, constitutes an appropriate transitional use between the high intensity
commercial Sam's Club to the north and residential uses to the south. Given the unfeasibility of
5
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
redevelopment of a large existing cemetery, a proposed commercial zoning has a negligible
potential for negative impact on nearby residential properties in the future.
The proposed commercial land use and zoning designation for the NorthStar cemetery will
accommodate the plan to subsequently add a crematorium. It also reflects a commercial, rather
than a public use of the property. It should also be noted that the commercial zoning would
accommodate the placement of a billboard on the cemetery property, pursuant to Florida
Statutes and the 2001 settlement agreement between the City and two advertising
corporations. The settlement allows for the placement of a set number of billboards at various
locations along the I-95 right-of-way, subject to, in part, a residential separation standard and
all applicable siting standards of Florida Statutes. The subject property would allow for the
siting of one of the two remaining billboards allowed under the agreement, with minimal
impacts on residential and other land uses.
The requested C-3 zoning for the NorthStar property will require a code amendment, which
staff will propose and initiate to be timed with ultimate adoption of the subject request. The
code amendment is necessary as the current C-3 regulations only allow a funeral home as a
permitted use and funeral home with a crematorium as a conditional use. The amendment
would establish a cemetery in conjunction with a funeral home as a permitted use in the C-3
zoning district.
f. Whether the property is physically and economically developable under the existing
zoning.
The proposed reclassification/rezoning involves developed properties and is a necessary action
in conjunction with an annexation.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning is reasonably related to the needs of the
neighborhood and the city as a whole (see above sections "e" and "f'').
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
The proposed amendment is requested for the already developed properties and in conjunction
with an application for annexation. No use changes are planned for either property.
MASTER PLAN ANALYSIS FOR SAM'S CLUB
When requesting to rezone property to a planned district, such as Planned Commercial
Development (PCD), the applicant is required to submit a Master Plan depicting the location of
site improvements, proposed traffic patterns and site data. Since the existing Sam's Club is
requesting PCD zoning, the applicant has submitted the requisite master plan. The master plan
depicts the existing one-story, 134,100 square foot Sam's Club building situated in the
southwest corner of the property, as well as a proposed Sam's membership gas station and
carwash facility in the northeast corner of the property.
6
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
The plan depicts parking on all sides of the property, with the largest parking fields to the east
and north of the existing Sam's structure. With the inclusion of the gas and carwash facility, the
site proposes 683 parking spaces, four (4) spaces in excess of the required 679. Access to the
property would be through four (4) existing driveways, one (1) from Hypoluxo Road, just east
of Seacrest Boulevard, and three (3) existing drives off of Seacrest Boulevard, at the northern
edge, center and southern edge of the site. The site has traffic circulation completely around
the site and existing and proposed structures, for ease of service delivery and emergency
access.
Planned Commercial District regulations establish setbacks and buffers in excess of standard
commercial zoning districts. The existing 134,100 square foot building would exceed all of the
district setback requirements; front - 40' required/355' provided, side - 30' required/45' & 270'
provided, and rear - 40' required/65' provided. As for setback requirements applicable to the
proposed gas and carwash facility, the code sets forth special setback regulations for gas
stations, which would be met with the plan submitted; front - 35' required/36' proposed, side -
20' required/555' & 130' proposed, and rear - 20' required/220' provided. Buffers are to be
designed in accord with the peripheral greenbelt regulations, which require a minimum 10 foot
landscape greenbelt area around the entire site. As this is a developed site, approved under
Palm Beach County zoning regulations, the site, including numerous tree preservation
easements, complies with this requirement, except for an approximate 190 foot long segment
along the south side of the building abutting the cemetery property. Since only this small strip
falls short of the PCD requirement, staff will require a denser planting scheme to be
accomplished when the formal site plan is brought forward in the future to approve the gas and
carwash facility addition. A final code provision of note within the special gas station regulations
associated with Planned Commercial Development districts requires gas pump islands and
associated canopies be located a minimum of 200 feet from any public right-of-way. As this
requirement would place the fueling operations directly in front of the front door to the existing
Sam's Club building and would displace the established and most convenient customer parking,
staff suggests that a code amendment be undertaken to accommodate those properties
requesting PCD zoning with existing improvements, which are annexed into the City. All other
aspects of development review will be accomplished during the site plan review process
associated with the previously mentioned future improvements.
Relative to the NorthStar Cemetery Services of FL, LLC request for C-3 zoning, a master plan is
not required as part of the rezoning. The applicant has suggested the possibility of modifying
the site at some point in the future to accommodate a crematorium. When the applicant is
ready to bring forward such a proposal, staff will initiate the necessary site plan review process.
CONCLUSIONS/RECOMMENDATIONS
The request is consistent with the objectives of the City's annexation program and relevant
policies in the Comprehensive Plan. Furthermore, it will benefit the City's economy without
creating additional impacts on infrastructure that cannot be accommodated within existing
capacities, and without generating any negative impacts upon adjacent or nearby properties.
Therefore, staff recommends that the subject request be approved.
ATTACHMENTS
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I ORDINANCE NO. 09- c'-
1 i ..
I
2 I
3 I AN ORDINANCE OF THE CITY OF BOYNTON
i BEACH, FLORIDA, ANNEXING 25.89+/- ACRES
4 I
: I OF LAND THAT IS CONTIGl10l1S TO THE CITY
LIMITS WITHIN PALM BEACH COUNTY AND
~ I THAT WILL, UPON ANNEXATION, CONSTITUTE
A REASONABLY COMPACT ADDITION TO THE
9 I CITY BOl1NDARIES; PROVIDING THAT THE
10 PROPER LAND USE DESIGNATION AND
11 PROPER ZONING OF THE PROPERTY SHALL BE
12 REFLECTED IN SEP ARA TE ORDINANCES TO BE
13 PASSED SIMUL T ANEOUSL Y HEREWITH;
14 PROVIDING FOR CONFLICTS, SEVERABILITY,
15 AND AN EFFECTIVE DATE; PROVIDING THAT
16 THIS ORDINANCE SHALL BE FILED WITH THE
17 CLERK OF THE CIRCUIT COURT OF PALM
18 BEACH COUNTY, FLORIDA, UPON ADOPTION.
19
20 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the
21 development of an Annexation Program; and
22 WHEREAS, Northstar Cemetery Services of Florida. LLC., owner. by and through
23 its agents, Bonnie Miskel and Scott Backman, of the property more particularly described
24 hereinafter, have heretofore filed a Petition. pursuant to Section 9 of Appendix A-Zoning. of
25 the Code of Ordinances. City of Boynton Beach, Florida, for the purpose of annexmiL a
26 certain tract ofland consisting of approximately 25,89+/- acres: and
27 WHEREAS, the City of Boynton Beach hereby exercises its option to atmex the
28 following tract of land as hereinafter described, in accordance with Article 1. Section 7 i 3:2 )
29 of the Charter of the City and Section 171.044. and 171.062(2), Florida Statutes; and
30 WHEREAS, said tract of land lying and being within Palm Beach Count) IS
31 II contiguous to the existing city limits of the City of Boynton Beach, and will. upon its
32 annexation. constitute a reasonably compact addition to the City boundar) ,
S :ICA IOrdinanceslPlanning\AnnexalionMnnexalion - Northstar doc
,
I 1
II
! I
II
II
I
1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
3 Section 1. That each and every Whereas clause is true and correct
4 Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of
5 Boynton Beach, Florida and Section 171,044, Florida Statutes the following described
6 unincorporated and contiguous tract of land situated and lying and being in the County of
7 Palm Beach, Florida, to wit:
8 See legal descriptions attached hereto as Exhibit "A"
9
10 Subject to easements, restrictions, reservations, covenants and
11 rights-of-way of record,
12
13 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be
14 and become part of the City with the same force and effect as though the same had been
15 originally incorporated in the territorial boundaries thereof.
16 Section3 : That Section 6 and 6(a) of the Charter of the City of Boynton Beach,
17 Florida, is hereby amended to reflect the annexation of said tract of land more particularly
18 described in Section 2 of this Ordinance.
19 Section 4: That by Ordinances adopted simultaneously herewith, the proper City
20 zoning designation and Land Use category is being determined as contemplated in Section
21 171.162(2), Florida Statutes,
22 Section 5. All ordinances or parts of ordinances in conflict herewith are hereby
23 repealed.
24 Section 6: Should any section or provision of this Ordinance or any portion thereof
25 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
26 the remainder of this Ordinance.
S :\CA \Ordinances\Planning\AnnexationSAnnexation - Northstar ,doc
2
11 Section 7: This Ordinance shall not be passed until the same has oeen advc'"l1 :,,'d
2 for two (2) consecutive weeks in a newspaper of general circulatJOn 111 the C:ity' of Scnnl"ln
3 Beach, Florida, as required by the City Charter and Section 1 71,044. Florida Statutes,
4 Section 8, This ordinance shall become effective immediately upon passage
5 Section 9, This ordinance, after adoption. shall be filed with the Clerk of the
6 Circuit Court of Palm Beach County, Florida,
7 FIRST READING this ~ day of ~ hnUfI,~-'d ,2009,
(
8 SECOND, FINAL READING and PASSAGE this __ day of ___ u_....______. 200Y
9 CITY OF BOYNTON BEACH. FLORIDA
10
11
12 Mayor - Jerry Taylor
13
14
15 Vice Mayor - Jose Rodriguez
16
17
.__._"--~~--_._-_._-- -
18 Commissioner - Ronald Weiland
19
20
21 Commissioner - Woodrovv' L. Hay
22
23 I
~-,,----
24 Commissioner - Marlene Ross
25
26 ATTEST:
27
28
29
30 Janet M, Prainito, CMC
31 City Clerk
32
33
34 (Corporate Seal)
II
S \CA\Ordinances\PJannmg\Annexatlonsci\nnexatlOn - Northstar doc
3
KEA TLEY INVESTMENTS, Inc. CEMETERY PARCEL
LEGAL DESCRIPTION OF PALM BEACH MEMORIAL PARK
Situated in the County of Palm Beach, State of Florida, and knows as being a part ofthe re-plat
of part of Lincoln memorial Gardens, as recorded in Plat Book 25, Page 225, and further
described as follows:
COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road
(width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast corner of
Northwest Quarter (NW 1/4) of Section 9, Township 45 South, Range 43 East, Palm Beach
County, Florida;
Thence South 020 29' 14" West, along the centerline of Seacrest Boulevard and the east line of
said Northwest Quarter of Section 9, a distance of 1,218.79 feet to a point;
Thence North 870 30' 46" West, a distance of 40.00 feet to a point on the West right-of-way line
of said Seacrest Boulevard, and being 20.30 feet South of the North line of the re-plat of Lincoln
Memorial Gardens, and the POINT OF BEGINNING;
Thence South 020 29' 14" West along the West right-of-way line of said Seacrest Boulevard, a
distance of 1,391.26 feet to a point; thence North 87030' 46" West, a distance of 92.00 feet to a
point; thence South 02029' 14" West, a distance of 93.00 feet to a point; thence North 870 30'
46" West, a distance of 81.83 feet to a point; thence North 01001' 59" East, a distance of 156.13
feet to a point; thence North 87030' 46" West, a distance of 33.81 feet to a point; thence North
01001' 59" East, a distance of 2.74 feet to a point; thence North 870 30' 46" West, a distance of
326,39 feet to a point; thence South 01001' 59" West, a distance of 12.00 feet to a point; thence
North 870 30' 46" West, a distance of 148.72 feet to a point; thence South 010 01' 59" West, a
distance of 19.03 feet to a point; thence North 870 30' 46" West a distance of 176.44 feet to a
point on the East right-of-way line State Route 9 (Interstate 95), a variable width public right-of-
way; thence North OP 01' 59" East, along the East right-of-way line of said State Route 9, a
distance of 1,174.86 feet to a concrete disk found; thence South 880 55' 16" East, a distance of
344.35 feet to a point; thence North 030 27' 44" East, a distance of 160.14 feet to a point; thence
South 88055' 16" East, a distance of545.43 feet to the POINT OF BEGINNING.
Said parcel contains 25,89 acres ofland, more or less,
rX1J/6/ T \ ';1 J/
Meeting Minutes
Regular City Commission
Boynton Beach, FL January 20, 2009
-,--'..',
Community Alliance group. Carisse Lejeune, Assistant to the City Manager, added it was the first
quarterly report after approval of the recommendations of the Green Task Force by the City
Commission. The report was a status update on summary projects and initiatives that were either
completed or underway and in the planning stage.
Ms. Lejeune requested a policy decision by the Commission for the Affordable Housing Initiative
on the use of WaterWise landscaping materials and irrigation design in housing projects for water
conservation measures. She asked that the measure be included as one of the approved
recommendations of Green Task Force. Mr. Bressner pointed out the Land Development
Regulations would need to be amended with a Code change and public hearings rather than an
administrative decision.
There was consensus that the issue be returned to the Commission for consideration.
Motion
Commissioner Ross moved to approve Item VI.D. Commissioner Hay seconded the motion.
The motion passed unanimously.
Mayor Taylor requested an update on the boundless playground project.
Wally Majors, Director of Recreation and Parks, advised bids had been sent out and were due
by the end of January. Hopefully a contract could be awarded in February with construction
commencing in April with project completion in a year or less.
Returning to the Item VI.B.l., Mayor Taylor questioned why one of the members on the
committee that selected the golf instructor was an employee from De/ray Beach. Mr. Majors
responded the gentleman had an extensive background in tennis 'with a similar tennis center
and contractual agreements needed to operate the facility. He brought an added level of
expertise to the panel.
VII. CODE COMPUANCE Br. LEGAL SE1TLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
Attorney Cherof administered an oath to all those intending to testify on any quasi-judicial
proceedings before the Commission and gave a brief overview of the procedure to be followed.
A. Project: Sam's Club/Northstar (ANEX 09-001)
Agent: Bonnie Miskel and Scott Backman
10
Meeting Minutes
Regular City Commission
Boynton Beach, FL January 20, 2009
OWner: Walmart Stores #8140/Northstar Cemetery Services of Florida,
LLC
Location: West of North Seacrest Blvd, South of Hypoluxo Rd. 7233
Seacrest Blvd and 3691 Seacrest Blvd.
Description: Request to annex the properties. (Sam's Club -- 1,st Reading
Proposed Ordinance No. 09-003) (Northstar - 1,st Reading
Proposed Ordinance No. 09-004)
B. Project: Sam's Club/Northstar (LUAR 09-002)
Agent: Bonnie Miskel and Scott Backman
Owner: Walmart Stores #8140/Northstar Cemetery Services of Florida,
LLC
Location: West of North Sea crest Blvd., South of Hypoluxo Road, 7233
Sea crest Blvd. and 3691 5eacrest Blvd.
Description: Request to amend the Comprehensive Plan Future Land Use Map
classification on :1:41.49 acres of land from Commercial High
(CHIS) and Institutional (Palm Beach County) to Local Retail
Commercial (LRC).(Sam's Club -- 1,st Reading Proposed
Ordinance No. 09-005) (Northstar - 1,<< Reading Proposed
Ordinance No. 09-006)
Request to rezone from Palm Beach County Commercial General
(CG) and Residential Multifamily (RM) to Planned Commercial
Development (PCD) and C-3, Community Commercial. (Sam's
Club -- 1,<< Reading Proposed Ordinance No. 09-007)
(Northstar _1,st Reading Proposed Ordinance No. 09-008)
Hanna Matras, Senior Planner addressed the annexation, land use amendment and rezoning for
both Items VIII. A and B. The request covered two properties; Sam's Club and Northstar
Cemetery. It included a total of 41.49 acres. She reviewed the current zoning designations and
the request to change to Local Retail Commercial. Sam's Club would be Planned Commercial
Development zoning and Northstar would be C-3, Community Commercial. There would be no
current changes to the existing uses. In the future, Sam's Club would be adding a fueling
facility and Northstar would be adding a crematorium. Staff recommended approval of the
annexation, land use amendment and rezoning. The requests met all the necessary criteria for
approval as outlined in the staff report.
Scott Backman, legal counsel for the applicants, commended staff for their cooperation. He
was present to answer any questions. Attorney Cherof pointed out the requests would return
to the Commission after transmission for approval by the Department of Community Affairs. A
separate annexation agreement would be brought before the Commission also. Any conditions
of approval would be included in the annexation agreement.
Mayor Taylor opened the issue for public hearing or comment.
No one coming forward, Mayor Taylor closed the public hearing.
11
Meeting Minutes
Regular City Commission
Boynton Beach, FL January 20, 2009
Attorney Cherof read Proposed Ordinance No. 09-003 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-003. Commissioner Weiland
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-004 by title only on first reading.
Motion
Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 09-004. Commissioner Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-005 by title only on first reading.
Motion
Commissioner Weiland moved to approve Proposed Ordinance No. 09-005. Commissioner Hay
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-006 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-006. Commissioner Ross
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-007 by title only on first reading.
12
XII. - LEGAL
DEVELOPMENT
CITY OF BOYNTON BEACH ITEM A.3
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 April 21, 2009 April 6, 2009 (Noon) 0 June 16, 2009 June 1, 2009 (Noon)
0 May 5,2009 April 20,2009 (Noon) [gJ July 7, 2009 June 15,2009 (Noon)
0 May 19, 2009 May4,2009ONoon) 0 July 21, 2009 Julv6,20090N0on)
0 June 2, 2009 May18,2009ONoon) 0 August 4, 2009 Julv20, 2009 ONoon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [gJ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this request as a tabled item on the July 7, 2009 City Commission agenda
under Legal, Ordinances - Second Reading, The City Commission tabled this request a second time, again with the purpose
of timing the concurrent processing with the corresponding code amendment and to allow further time to resolve issues raised
by the adjacent property owner. The City Commission on January 20, 2009 approved this item (including First Reading of
the Ordinance) for transmittal to the Department of Community Affairs (DCA), The State's review is completed and the
ordinance has been prepared for adoption, For further details pertaining to this request, see attached Department
Memorandum No. 08-104,
EXPLANATION:
PROJECT: Sam's Club (LUAR 09-002)
AGENT: Bonnie Miskel and Scott Backman
OWNERS: Walmart Stores #8140 I N orthstar Cemetery Services of Florida, LLC
LOCATION: West of North Seacrest Boulevard, South ofHypoluxo Road, 7233 Seacrest
Boulevard and 3691 Seacrest Boulevard
DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map classification
on :t::41.49 acres ofland from Commercial High (CH I 5) and Institutional (Palm
Beach County) to Local Retail Commercial (LRC),
PROGRAM IMP ACT:
FISCAL IMPACT: ~
ALTERNATIVES:
Development Dep City anag"", Signa,""
?--(/ ~L- Assistant to City Manager ~
Planning and Zor1tg Director City Attorney I Finance
S:\Planning\SHARED\WP\PROJECTS\Sams Club PB Memonal\LUAR 09-002\Agenda Item Request Sam's Club Amend LUAR 09-001 7-7-09,doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 08 - 104
Chair and Members
Planning and Development Board
Hanna Matras
Senior Planner
Michael W. Rumpf
Director of Planning and Zoning
December 1, 2008
Sam's Club/NorthStar/ANNEX 09-001-LUAR 09-002
To annex the two properties, and to amend the Future Land Use
designation on 41.69 acres from Palm Beach County's
Commercial High with a maximum 5 dwelling units per acre
(CH/5) and Institutional and Public Facilities (INST) to Local
Retail Commercial (LRC), and rezone from Palm Beach County's
Commercial General (CG) and Residential Multifamily (RM) to
Planned Commercial Development (PCD) and C-3 Community
Commercial.
Property Owners:
Applicant/Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Walmart Stores #8140 and NorthStar Cemetery Services of FL,
LLC
Bonnie Miskel and Scott Backman
7233 Seacrest Boulevard/3691 Sea crest Boulevard (Exhibit "A")
15.80/25.89 acres, a total of 41.69 acres
Sam's Club: Palm Beach County's Commercial High with a
maximum 5 dwelling units per acre (CH/5)
NorthStar: Institutional and Public Facilities (INST)
Sam's Club: Palm Beach County's Commercial General (CG)
NorthStar: Residential Multifamily (RM)
Local Retail Commercial (both properties)
Sam's Club: Planned Commercial Development (PCD)
NorthStar: C-3 Community Commercial
No changes to current uses
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
Adjacent Uses:
North:
South:
Developed commercial properties in unincorporated Palm
Beach County, designated CH/5 and zoned CG. Farther north
right-of-way of Hypoluxo Road.
Undeveloped parcel designated High Density Residential
(HDR) and zoned Multi-Family Residential (R-3), then
town homes (Pine Point Villas Condo) classified High Density
Residential (HDR) and zoned Multi-family Residential (R-3).
East:
Right-of-way of Seacrest Boulevard, farther east single-family
homes (San Castle subdivision) in unincorporated Palm Beach
County, designated Medium Density Residential (MR-5) and
zoned Residential Multifamily (RM); to the northeast,
developed and vacant commercial properties in Lantana,
designated and zoned C1-Commercial.
West:
Right-of-way of Interstate 1-95.
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning for
the following reasons:
1. The request is consistent with the annexation and other relevant objectives and policies
of the City's Comprehensive Plan.
2. The proposed amendment will benefit the City by contributing to the diversification of its
economy and its tax base.
3. The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within existing capacities, or generate any negative impacts
upon adjacent or nearby properties.
PROJECT ANALYSIS
The two properties which are the subject of this land use amendment total 41.69 acres;
therefore, the proposed land use change qualifies as a large-scale amendment pursuant to
Chapter 163 F.S. Following local board review and City Commission public hearing, a "large-
scale" amendment is transmitted to the Florida Department of Community Affairs for review for
compliance with the state, regional and local comprehensive plans prior to adoption. Following
the review period of approximately 60 days, DCA provides the City with a report of their
findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has
60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with
changes in response to the ORC report, or (3) determine not to adopt the amendment and
inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale
amendments may only be adopted during two amendment cycles each calendar year. This
amendment request is a part of the 1st round of amendments for the 2009 calendar year.
2
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
This proposed amendment is being reviewed for transmittal to the Florida Department of
Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be
scheduled for adoption, tentatively in May 2009.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to, a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's risk
manager. The planning department shall also recommend limitations or
requirements, which would have to be imposed on subsequent development of the
property, in order to comply with policies contained in the comprehensive plan.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The request is consistent with the City's annexation program as
described in the following objective and policies in the Comprehensive Plan:
Objective 1.15
Policy1. 15. 1
Policy 1.15.2
Policy 1.15.3
The City will continue to expand through annexation of enclaves,
pockets and other contiguous properties.
The City shall continue to promote the order/y annexation of lands
consistent with Chapter 171, Florida Statutes, and the Palm Beach County
Annexation Policy.
The City shall utilize four methods of annexation:
1. Voluntary annexation;
2. Annexation by inter/ocal agreement with Palm Beach County;
3. Compliance with pre-annexation water service agreements from the
City; and
4. Referendum.
The City shall require every property being annexed into the City to
concurrently apply for land use amendment and rezoning to the City's
adopted land use classification and zoning district. "
The request is also consistent with Objective 1.17:
Objective 1.17
The City shall pursue economic development opportunities to
support a competitive and diversified economy.
Sam's Club will contribute to the diversification of the City's economy and the City's fiscal
profile, now overly dependent on the residential sector for its tax revenues.
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the public welfare.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The uses of both properties have been long established under the
3
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
Palm Beach County's land use and zoning designations. No changes in use are planned for
either property.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The proposed amendment is requested in conjunction with an application for annexation. The
existing Palm Beach County land use designation and zoning must be changed to the city land
use designation and zoning district.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
As stated, the proposed land use amendment does not entail changes to current use of the
subject properties. The addition of an accessory fuelling facility is currently planned for the
Sam's Club (see the Master Plan review in the last section of this report); a carwash may be
added later. The NorthStar Cemetery Services is planning to add a crematorium sometime in the
future. Both planned additions represent minimal impact upon municipal services as described
below.
Traffic
The refueling facility will be an ancillary use for the Sam's Club and thus there will be a large
proportion of shared trips between the two. The facility will be available exclusively to the Club's
members and will require a membership card for pump activation. The trip characteristics'
analysis done for similar projects indicate the internal trip capture of over 50%.
Likewise, the future addition of the crematorium to the NorthStar's cemetery will not have a
significant impact on the surrounding roadways.
At the time of the site plan application for the respective additions, the concurrency traffic
impact analysis or statement will be provided and will be reviewed by the County for
consistency with the Pal Beach County Traffic Performance Standards ordinance.
Potable Water ilnd Sewer
The City provides both water and sewer services to the Sam's Club property. The addition of a
fuelling station will not have a significant effect on the site's overall water demand and, since
Sam's Club carwash facilities utilize recycled water, a carwash facility would also have a
negligible impact.
Upon annexation, the City will provide water to the NorthStar cemetery, but due to the need for,
and the cost of, the extensive on-site improvements, NorthStar's connection to the City's sewer
system will be postponed. Moreover, the facility will continue to use well water for irrigation
purposes.
Water Demand
- - , -
Land Use Generation Rate Units Total GDP
Existingl Proposed Office! Crematcrim 25 GPO per anplOfee 16 400
Q1Urch 5 GPO ~r seat 120 600
---
1,000
4
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
The future addition of a crematorium will have a marginal impact, accounted for in the above
table. The generation rates for office and church uses are applied in demand calculations for the
existing funeral home and chapel buildings.
Potable Water Facilities
Water Plant Capacity* (peak day) 27,000,000
Committed capacity (actual flow + reserved capacity, peak day 23,622,289
Remaining capacity 3,377,711
SFWMO permitted withdrawals (average day) 21,490,000
Contracted amount to purchase from County 5,000,000
Expiration date of water use permit August 14, 2010
*Includes 5,000,000 contracted to purchase for Palm Beach County
As shown, the projected increase in water demand is insignificant as compared to the remaining
capacity. Likewise, the additional sewer capacity that would be required for the NorthStar
cemetery in the future is minimal and can easily be accommodated by the City's facilities.
Sewer Demand
Land Use Generation Rate Units Total GDP
Existing/Proposed Office/Crematorim 25 GPO per employeE 16 400
Church 5 GPO per seat 120 600
1,000
Sanitary Sewer Facilities
Sewer Treatment Capacity 24 MGO
Committed or allocated capacity (MGO) 18.56
Available capacity (MGO) 2.72
Solid Waste
The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's municipalities throughout the 10-year planning period.
Drainage
Drainage will also be reviewed in detail as part of the site plan approval process, and must
satisfy all requirements of the city and local drainage permitting authorities.
e, Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
The use of the subject properties will not change; the proposed rezoning will be compatible
with adjacent and nearby properties. The proposed land use and zoning for the Sam's Club
property is similar to the current County land use and zoning designations. The Local Retail
Commercial land use classification is proposed for both the Sam's Club and the NorthStar
property. Both properties would also have commercial zoning designations, with a PCD zoning
requested for Sam's Club and C-3 zoning for NorthStar. The NorthStar cemetery, which is a
commercial enterprise, constitutes an appropriate transitional use between the high intensity
commercial Sam's Club to the north and residential uses to the south. Given the unfeasibility of
5
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/North Star
redevelopment of a large existing cemetery, a proposed commercial zoning has a negligible
potential for negative impact on nearby residential properties in the future.
The proposed commercial land use and zoning designation for the NorthStar cemetery will
accommodate the plan to subsequently add a crematorium. It also reflects a commercial, rather
than a public use of the property. It should also be noted that the commercial zoning would
accommodate the placement of a billboard on the cemetery property, pursuant to Florida
Statutes and the 2001 settlement agreement between the City and two advertising
corporations. The settlement allows for the placement of a set number of billboards at various
locations along the 1-95 right-of-way, subject to, in part, a residential separation standard and
all applicable siting standards of Florida Statutes. The subject property would allow for the
siting of one of the two remaining billboards allowed under the agreement, with minimal
impacts on residential and other land uses.
The requested C-3 zoning for the NorthStar property will require a code amendment, which
staff will propose and initiate to be timed with ultimate adoption of the subject request. The
code amendment is necessary as the current C-3 regulations only allow a funeral home as a
permitted use and funeral home with a crematorium as a conditional use. The amendment
would establish a cemetery in conjunction with a funeral home as a permitted use in the C-3
zoning district.
f. Whether the property is physically and economically developable under the existing
zoning.
The proposed reclassification/rezoning involves developed properties and is a necessary action
in conjunction with an annexation.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning is reasonably related to the needs of the
neighborhood and the city as a whole (see above sections "e" and "f'').
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
The proposed amendment is requested for the already developed properties and in conjunction
with an application for annexation. No use changes are planned for either property.
MASTER PLAN ANALYSIS FOR SAM'S CLUB
When requesting to rezone property to a planned district, such as Planned Commercial
Development (PCD), the applicant is required to submit a Master Plan depicting the location of
site improvements, proposed traffic patterns and site data. Since the existing Sam's Club is
requesting PCD zoning, the applicant has submitted the requisite master plan. The master plan
depicts the existing one-story, 134,100 square foot Sam's Club building situated in the
southwest corner of the property, as well as a proposed Sam's membership gas station and
carwash facility in the northeast corner of the property.
6
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
The plan depicts parking on all sides of the property, with the largest parking fields to the east
and north of the existing Sam's structure. With the inclusion of the gas and carwash facility, the
site proposes 683 parking spaces, four (4) spaces in excess of the required 679. Access to the
property would be through four (4) existing driveways, one (1) from Hypoluxo Road, just east
of Seacrest Boulevard, and three (3) existing drives off of Seacrest Boulevard, at the northern
edge, center and southern edge of the site. The site has traffic circulation completely around
the site and existing and proposed structures, for ease of service delivery and emergency
access.
Planned Commercial District regulations establish setbacks and buffers in excess of standard
commercial zoning districts. The existing 134,100 square foot building would exceed all of the
district setback requirements; front - 40' required/355' provided, side - 30' required/45' & 270'
provided, and rear - 40' required/65' provided. As for setback requirements applicable to the
proposed gas and carwash facility, the code sets forth special setback regulations for gas
stations, which would be met with the plan submitted; front - 35' required/36' proposed, side -
20' required/555' & 130' proposed, and rear - 20' required/220' provided. Buffers are to be
designed in accord with the peripheral greenbelt regulations, which require a minimum 10 foot
landscape greenbelt area around the entire site. As this is a developed site, approved under
Palm Beach County zoning regulations, the site, including numerous tree preservation
easements, complies with this requirement, except for an approximate 190 foot long segment
along the south side of the building abutting the cemetery property. Since only this small strip
falls short of the PCD requirement, staff will require a denser planting scheme to be
accomplished when the formal site plan is brought forward in the future to approve the gas and
carwash facility addition. A final code provision of note within the special gas station regulations
associated with Planned Commercial Development districts requires gas pump islands and
associated canopies be located a minimum of 200 feet from any public right-of-way. As this
requirement would place the fueling operations directly in front of the front door to the existing
Sam's Club building and would displace the established and most convenient customer parking,
staff suggests that a code amendment be undertaken to accommodate those properties
requesting PCD zoning with existing improvements, which are annexed into the City. All other
aspects of development review will be accomplished during the site plan review process
associated with the previously mentioned future improvements.
Relative to the NorthStar Cemetery Services of FL, LLC request for C-3 zoning, a master plan is
not required as part of the rezoning. The applicant has suggested the possibility of modifying
the site at some point in the future to accommodate a crematorium. When the applicant is
ready to bring forward such a proposal, staff will initiate the necessary site plan review process.
CONCLUSIONS/RECOMMENDATIONS
The request is consistent with the objectives of the City's annexation program and relevant
policies in the Comprehensive Plan. Furthermore, it will benefit the City's economy without
creating additional impacts on infrastructure that cannot be accommodated within existing
capacities, and without generating any negative impacts upon adjacent or nearby properties.
Therefore, staff recommends that the subject request be approved.
ATTACHMENTS
S:\Planning\SHARED\WP\PROJECTS\Sams Club PB Memorial\LUAR 09-002\STAFF REPORT Sam'sClub-PBMemorial.doc
7
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- II ORDINANCE NO. 09-[ il.5
1. ' <
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38
5 BY AMENDING THE FUTURE LAND USE ELEMENT
6 OF THE COMPREHENSIVE PLAN FOR A PARCEL
7 OWNED BY W ALMART STORES #8140 AND
8 LOCATED AT 7233 SEA CREST BOULE V ARD;
9 CHANGING THE LAND USE DESIGNATION FROM
10 COMMERCIAL HIGH WITH A MAXIMUM 5
11 DWELLING UNITS PER ACRE (CH/S)(P ALM BEACH
12 COUNTY) TO LOCAL RETAIL COMMERCIAL;
13 PROVIDING FOR CONFLICTS, SEVERABILITY, AND
14 AN EFFECTIVE DA TK
15
16 WHEREAS, the City Commission of the City of Boynton Beach. Florida has adopted
17 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
18 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
19 Comprehensive Planning Act; and
20 WHEREAS, the procedure for amendment of a Future Land Use Element of a
21 Comprehensive Plan as set forth in Chapter 163, Florida Statutes. has been followed: and
22 WHEREAS, after two (2) public hearings the City Commission acting in its dual
23 capacity as Local Planning Agency and City Commission finds that the amendment
24 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems It 111
25 the best interest of the inhabitants of said City to amend the aforesaid Element of the
26 Comprehensive Plan as provided.
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
28 CITY OF BOYNTON BEACH, FLORIDA, THAT:
29 ,I Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
30 herein by this reference.
s \C'A\Ordmances\Plannjn~Land l1se\Sams Club doc
1
11 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the
2 following:
3 That the Future Land Use of the following described land located at 7233 Seacrest
4 Boulevard changing the land use designation from Commercial High with a maximum 5
5 dwelling units per acre (CHl5) (Palm Beach County) to Local Retail Commercial:
6
7 See legal description attached hereto as Exhibit "A"
8
9
10 Subject to easements, restrictions, reservations, covenants and rights-
11 of-way of record.
12
13
14 Section 3: That any maps adopted in accordance "'lith the Future La..'1d Use Element of the
15 Future Land Use Plan shall be amended accordingly.
16 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
17 Section 5: Should any section or provision of this Ordinance or any portion thereof be
18 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
19 remainder of this Ordinance,
20 Section 6: The effective date of this plan amendment shall be the date a final order is
21 issued by the Department of Community Affairs finding the amendment to be in compliance in
22 accordance with Chapter 163.3184, F .S.; or the date a final order is issued by the Administration
23 Commission finding the amendment to be in compliance in accordance with Section 163.3184,
24 F,S.
25 FIRST READING this ~ day of Ja..f\UA..C i ,2009.
S:\CA\Ordinances\Planning,Land Use\Sams Club,doc
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1 I SECOND, FINAL READING and PASSAGE {his day of :,1:1'1
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2 I erry OF BOYNTON BEACli. FLORID/\
3 I
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Mayor ~ Jerry Taylor
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711 Vice Mayor - Jose Rodriguez
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10 II
1111 Commissioner - Ronald Weiland
1211
13, I Commissioner - Woodrow L, Hay
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_._"----
17 Commissioner - Marlene Ross
18 ATTEST:
19
20
21 Janet M, Prainito, CMC
22 City Clerk
23
24 '
2 51 (Corporate Seal)
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S ICAIOrdinances\Plannin~Land UselSams Club doc
LEGAL DESCRIPTION
OF
PARCEL 1
7233 SEA CREST BOULEVARD
PARCEL CONTROL NUMBER 00-43-45-09-23-000-0010
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER (NW1/4) OF SECTION 9,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND KNOWN AS
BEING PARCEL NO, 1 OF HY -CREST CENTER, AS RECORDED IN PLAT BOOK 64, PAGE 177- I 78
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING FURTHER
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS DISK FOUND A T THE INTERSECTION OF THE
CENTERLINES OF HYPOLUXO ROAD (WIDTH V ARIES) AND SEACREST BOULEVARD (80
FEET WIDE) AND BEING THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF
SECTION 9;
THENCE SOUTH 02029' 14" WEST ALONG THE CENTERLINE OF SEA CREST
BOULEVARD AND THE EASTERLY LINE OF THE NORTHWEST QUARTER OF SECTION 9,
696,58 FEET TO A POINT;
THENCE NORTH 87030'46" WEST, 40,00 FEET TO THE WESTERLY RIGHT-Of-WAY OF
SEACREST BOULEVARD AND BEING THE PRINCIPAL PLACE OF BEGINNING OF THE
PREMISES HEREIN DESCRIBED;
THENCE SOUTH 02029'14" WEST ALONG THE WESTERLY RIGHT-OF-WAY OF
SEA CREST BOULEVARD, 522.21 FEET TO A PERMANENT REFERENCE POINT (5/8" IRON PIN
CAPPED #3935 FOUND (0,07 FEET NORTH AND 0,19 FEET EAST) AT THE NORTHEASTERLY
CORNER Of LAND CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC (PARCEL
CONTROL NUMBER 00-43-45-09-05-001-0020 & 00-43-45-09-00-000-3630) BY DEED DATED
DECEMBER 28, 2004 AND RECORDED IN O,R. BOOK 17943, PAGE 691 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE NORTH 88055'16" WEST ALONG A NORTHERLY LINE OF LAND SO
CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 545.43 FEET TO A PERMANENT
REFERENCE POINT (5/8" IRON PIN CAPPED #3935) FOUND;
THENCE SOUTH 03027' 44" WEST ALONG A WESTERLY LINE LAND SO CONVEYED TO
KEATLEY INVESTMENTS-PALM BEACH, LLC, 160,14 FEET TO A P.K NAIL & WASHER
FOUND IN ASPHALT PAVEMENT;
THENCE NORTH 88055' 16" WEST CONTINUING ALONG A NORTHERLY LINE OF LAND
SO CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 344.35 FEET TO A 5/8" IRON
PIN CAPPED #3935 FOUND AND DISTURBED ON THE EASTERLY RIGHT-Of-WAY Of
INTERSTATE HIGHWAY NUMBER 95 (1-95);
THENCE NORTH 01001' 59" EAST ALONG THE EASTERLY RIGHT-Of-WAY Of
INTERSTATE HIGHWAY NUMBER 95 (1-95), A DISTANCE OF 180,00 FEET;
THENCE NORTH 36002' 54" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTA TE HIGHWAY NUMBER 95 (1-95),143.16 fEET TO A POINT;
THENCE NORTH 10038' 03" EAST ALONG THE EASTERLY RIGHT-Of-WAY Of
INTERSTATE HIGHWAY NUMBER 95 (1-95), 587.24 FEET;
" /1
t-)(N//5/ T /l
THENCE NORTH 07025' 24" EAST ALONG THE EASTERL Y PJGHT-()~\\i^. Y ~')F
INTERSTATE HIGHWAY NUMBER 95 (1-95), ",25 FEET TO A Y8" IRON PIN CAPPED ;;3l)3~
FOUND AND DISTURBED AT THE SOUTHWESTERLY CORNER OF LAND CONVE'{ED TCI
KRISHNA REALTY, lNC. (PARCEL CONTROL NUMBER 00-43-45-09-23-000-0022! BY DEED
DATED FEBRUARY ]2,2000 AND RECORDED IN O,R, BOOK 11607, PAGE 332 OF THE PL'BLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA:
THENCE SOUTH 8]030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO
CONVEYED TO KRISHNA REALTY, INC, 342,66 FEET TO A '," IRON PIN FOUND (0,06 FEET
NORTH AND 0,37 FEET WEST);
THENCE NORTH 02029' J4" EAST ALONG THE EASTERLY LINE OF LAND SO
CONVEYED TO KRISHNA REALTY, INC., 152.37 FEET TO A POINT A l' THE SOUTHWESTERLY
CORNER OF LAND CONVEYED TO TACO BELL OF AMERICA, INC. (PARCEL CONTROL
NUMBER 00-43-45-09-23-000-0030) BY DEED DATED DECEMBER 28, 1999 AND RECORDED IN
O,R, BOOK 11529, PAGE 866 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA:
THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO
CONVEYED TO TACO BELL OF AMERICA, INC., 187,21 FEET TO A 1'2" IRON PIN FOUND (012
FEET SOUTH AND 0,33 FEET WEST):
THENCE NORTH 02029' 14" EAST ALONG THE EASTERLY LINE OF LAND SO
COJ'.~\rEYED TO TACO BELL OF A~v1ERICA, INC., 301.75 FEET TO A PO Il"-rr 01'-~ ~rJ-fF
SOUTHERL Y RIGHT-OF- WAY OF AFORESAID HYPOLUXO ROAD:
THENCE SOUTH 88053' 16" EAST ALONG THE SOUTHERLY RIGHT-OF-WAY OF
HYPOLUXO ROAD, 54,00 FEET TO A POlNT AT THE NORTHWESTERLY CORNER OF LAND
CONVEYED TO MOBIL OIL CORPORA T10N (PARCEL NO, 6) (PARCEL CONTROL NUMBER 00-
43-45-09-00-000-3070) BY DEED DATED APRIL 03, 1972 AND RECORDED IN O,R, BOOK 1997,
PAGE 176 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA:
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO
CONVEYED TO MOBlL OIL CORPORATION, 137,00 FEET TO A PERMANENT REFERENCE
POINT (5/8" IRON PIN CAPPED #3935) FOUND (0,0] FEET SOUTH AND 0 ]6 FEET WEST) AT
THE NORTHWESTERLY CORNER OF LAND CONVEYED TO MICHEL p, BARBERIS (PARCEL
CONTROL NUMBER 00-43-45-09-23-000-0040) BY DEED DATED APRIL 20, 2004 AND
RECORDED IN O,R, BOOK 16830, PAGE ]291 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA:
THENCE SOUTH I 103 I '09 WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED
TO MICHEL p, BARBERlS, 60,75 FEET TO A POINT:
THENCE SOUTH 02029' 14" WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED
TO MICHEL p, BARBERIS, 142,00 FEET TO A POINT;
THENCE SOUTH 8r30'46" EAST THE SOUTHERLY LINE OF LAND SO CONVEYED TO
MICHEL p, BARBERIS, J47.50 FEET TO THE WESTERLY LINE OF TRACT "A" l'SED FOR
RIGHT-OF-WA Y OF SEACREST BOULEV ARD OF SAID HY-CREST CENTER:
THENCE SOUTH 02029' J 4" WEST ALONG THE RIGHT-OF- WAY OF SEACRES'j
BOULEVARD, 40,00 FEET TO A P.K, NAIL & WASHER FOUND IN ASPHALT PAVEMENT (O,lll
FEET NORTH, 0.22 FEET WEST) AND BEING THE NORTHEASTERLY CORNER OF LAND
CONVEYED TO WAL-MART STORES, INC. (PARCEL 5) (PARCEL CONTROL NUMBER 00-43-45-
09-23-000-0050) BY DEED DATED JANUARY 24, 1989 AND RECORDED IN O,R, BOOK 5945
PAGE 1460 OF THE PUBLlC RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE NORTH 87030'46" WEST ALONG THE NORTHERLY LINE OF LAND SO
CONVEYED TO WAL-MART STORES, INC. (PARCEL 5), 166,00 FEET TO A P.K NAIL SET IN
ASPHAL T PAVEMENT;
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO
CONVEYED TO WAL-MART STORES, INC, (PARCEL 5), 260,00 FEET TO A 5/8"X30" IRON PIN
CAPPED (RIVERS TONE CO DUDLEY LS6527) SET;
THENCE SOUTH 87030'46" EAST ALONG THE SOUTHERLY OF LAND SO CONVEYED
TO WAL-MART STORES, INC. (PARCEL 5), PASSING THROUGH A PERMANENT REFERENCE
POINT (5/8" IRON PIN CAPPED #3935) FOUND (0,07 FEET SOUTH AND 0,12 FEET WEST) AT
166,00 FEET, A DISTANCE OF 178,00 FEET TO THE PRINCIPAL PLACE OF BEGINNING AND
CONTAINING 14,7961 ACRES OF LAND AS SURVEYED AND DESCRIBED BY EDWARD B.
DUDLEY, LS, NO, 6527 OF THE RIVERSTONE COMPANY IN OCTOBER OF 2008, BE THE SAME
MORE OR LESS, BUT SUBJECT TO ALL LEGAL HIGHW A YS, EASEMENTS AND
RESTRICTIONS,
All 5/8"X30" IRON PIN SET AND CAPPED (RIVERSTONE CO DUDLEY LS6527)
DEED OF REFERENCE
LAND CONVEYED TO WAL-MART STORES, INC. BY DEED DATED JANUARY 24, 1989 AND
RECORDED IN OFFICIAL BOOK 5945, PAGE 1460 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
BASIS OF BEARINGS:
THE CENTERLINE OF SEACREST BOULEVARD AS SOUTH 02029'14" WEST AS RECORDED IN
HY-CREST CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 64,
PAGE 177-178 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
SAM'S CLUB FUELING STATION SERVICE PUMPS PARCEL
(aka PARCEL 5)
LEGAL DESCRIPTION OF AREA OF INTEREST
A parcel of land lying in the Northwest Quarter (NW 1/4) of Section 9, Township 45 South.
Range 43 East, Palm Beach County, Florida, and known as being Parcel No. 5 of Hy-Crest
Center, as recorded in Plat Book 64, Page 177-178 of the Public Records of Palm Beach Count;.
Florid, and being further bounded and described as follows:
COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road
(width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast comer of said
Northwest Quarter of said Section 9:
Thence South 020 29' 14" West, along the centerline of Seacrest Boulevard and the east line of
the Northwest Quarter of Section 9, a distance of 696.58 feet to a point;
Thence North 8]0 30' 46" West, a distance of 52,00 feet to a permanent reference point (5/8"
iron pin capped #3935) found on the westerly line of Tract "A" used for right-of-way of Seacrest
Boulevard and being the Principal PLACE OF BEGINNING of the premises herein described:
Thence continue North 870 30' 46" West, along a Northerly line of land conveyed to Wal-Mart
Stores, Inc, (Parcel No, 1) (Parcel Control Number 00-43-45-09-000-0010) by deed dated
January 24, 1989 and recorded in O.R.B. 5945, Page 1460 of the Public Records of Palm Beach
County, Florida, a distance of 166,00 feet to a 5/8" x 30" iron pin capped (Riverstone Co
Dudley LS6527) set;
Thence North 020 29' 14" East, along a easterly line of land so conveyed to \Val-Mart Stores,
Inc, (Parcel No, 1) a distance of 260,00 feet to a P.K, nail set:
Thence South 870 30' 46" East along a Southerly line of land so conveyed to Wal-Mart Stores,
Inc, (Parcel No, 1), a distance of 166,00 feet to a P.K, nail and washer found in asphalt pavement
and being the Westerly right-of-way line of Seacrest Boulevard:
Thence South 020 29' 14" West along the Westerly right-of-way line of said Seacrest Boulevard.
a distance of 260,00 feet to the Principal PLACE OF BEGINNING, and containing 0,991 acres
of land as surveyed and described by Edward B, Dudley, L.S, No, 6527 of the Riverstone
Company in October of 2008, be the same more or less. but subject to all leg al highways,
easements and restrictions.
Note: All 5/8" x 30" iron pins set and capped (Riverstone Co Dudley LS652h
Meeting Minutes
Regular City Commission
Boynton Beach, FL January 20, 2009
Owner: Walmart Stores #8140/Northstar Cemetery Services of Florida,
LLC
Location: West of North Seacrest Blvd, South of Hypoluxo Rd. 7233
Seacrest Blvd and 3691 Seacrest Blvd.
Description: Request to annex the properties. (Sam's Club -- 1<< Reading
Proposed Ordinance No. 09-003) (Northstar - 1st Reading
Proposed Ordinance No. 09-004)
B. Project: Sam's Club/Northstar (LUAR 09-002)
Agent: Bonnie Miskel and Scott Backman
Owner: Walmart Stores #8140/Northstar Cemetery Services of Florida,
LLC
Location: West of North Seacrest Blvd., South of Hypoluxo Road, 7233
Seacrest Blvd. and 3691 Seacrest Blvd.
Description: Request to amend the Comprehensive Plan Future Land Use Map
classification on :1::41.49 acres of land from Commercial High
(CHIS) and Institutional (Palm Beach County) to Local Retail
Commercial (LRC).(Sam's Club -- 1st Reading Proposed
Ordinance No. 09-005) (Northstar - 1st Reading Proposed
Ordinance No. 09-006)
Request to rezone from Palm Beach County Commercial General
(CG) and Residential Multifamily (RM) to Planned Commercial
Development (PCD) and C-3, Community Commercial. (Sam's
Club -- 1st Reading Proposed Ordinance No. 09-007)
(Northstar _1<< Reading Proposed Ordinance No. 09-008)
Hanna Matras, Senior Planner addressed the annexation, land use amendment and rezoning for
both Items VIII. A and B. The request covered two properties; Sam's Club and Northstar
Cemetery. It included a total of 41.49 acres. She reviewed the current zoning designations and
the request to change to Local Retail Commercial. Sam's Club would be Planned Commercial
Development zoning and Northstar would be C-3, Community Commercial. There would be no
current changes to the existing uses. In the future, Sam's Club would be adding a fueling
facility and Northstar would be adding a crematorium. Staff recommended approval of the
annexation, land use amendment and rezoning. The requests met all the necessary criteria for
approval as outlined in the staff report.
Scott Backman, legal counsel for the applicants, commended staff for their cooperation. He
was present to answer any questions. Attorney Cherof pointed out the requests would return
to the Commission after transmission for approval by the Department of Community Affairs. A
separate annexation agreement would be brought before the Commission also. Any conditions
of approval would be included in the annexation agreement.
Mayor Taylor opened the issue for public hearing or comment.
No one coming forward, Mayor Taylor closed the public hearing.
11
Meeting Minutes
Regular City Commission
Boynton Beach, FL January 20, 2009
Attorney Cherof read Proposed Ordinance No. 09-003 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-003. Commissioner Weiland
seconded the motion.
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City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-004 by title only on first reading.
Motion
Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 09-004. Commissioner Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-005 by title only on first reading.
Motto.,
Commissioner Weiland moved to approve Proposed Ordinance No. 09-005. Commissioner Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-006 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-006. Commissioner Ross
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-007 by title only on first reading.
12
XII. - LEGAL
DEVELOPMENT
CITY OF BOYNTON BEACH ITEM A.4
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to Citv Clerk's Commission Meeting Dates Turned in to Citv Clerk's
Dates Office Office
0 A ri121, 2009 0 June 16, 2009
0 Ma 5, 2009 [gI Jul 7,2009
0 Ma 19, 2009 0 Jul 21,2009 Jul
0 June 2, 2009 0 Au ust 4, 2009 Jul
0 Announcements/Presentati ons 0 Citv Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [gI Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this request as a tabled item on the July 7, 2009 City Commission agenda
under Legal, Ordinances - Second Reading, The City Commission tabled this request a second time, again with the purpose
of timing the concurrent processing with the corresponding code amendment and to allow further time to resolve issues raised
by the adjacent property owner. The City Commission on January 20, 2009 approved this item (including First Reading of
the Ordinance) for transmittal to the Department of Community Affairs (DCA), The State's review is completed and the
ordinance has been prepared for adoption, For further details pertaining to this request, see attached Department
Memorandum No, 08-104,
EXPLANATION:
PROJECT: Northstar (LUAR 09-002)
AGENT: Bonnie Miskel and Scott Backman
OWNERS: Walmart Stores #8140 / Northstar Cemetery Services of Florida, LLC
LOCATION: West of North Seacrest Boulevard, South of Hypoluxo Road, 7233 Seacrest
Boulevard and 3691 Seacrest Boulevard
DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map classification
on ::!::41.49 acres of land from Commercial High (CH / 5) and Institutional (Palm
Beach County) to Local Retail Commercial (LRC),
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A .12~
ALTERNATIVES: N/A
Development Depa City Manager's Signature
Assistant to City Manager ~
~ ~
-~
Planning and Zonin rrector City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\ ams Club PB Memorial\LUAR 09-002\Agenda Item Request Northstar Amend LUAR 09-001 7-7-09,doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DIVISION
MEMORANDUM NO. PZ 08 - 104
Chair and Members
Planning and Development Board
Hanna Matras
Senior Planner
Michael W. Rumpf
Director of Planning and Zoning
December 1, 2008
Sam's Club/NorthStar/ ANNEX 09-001-LUAR 09-002
To annex the two properties, and to amend the Future Land Use
designation on 41.69 acres from Palm Beach County's
Commercial High with a maximum 5 dwelling units per acre
(CH/5) and Institutional and Public Facilities (INST) to Local
Retail Commercial (LRC), and rezone from Palm Beach County's
Commercial General (CG) and Residential Multifamily (RM) to
Planned Commercial Development (PCD) and C-3 Community
Commercial.
Property Owners:
Applicant! Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Walmart Stores #8140 and NorthStar Cemetery Services of FL,
LLC
Bonnie Miskel and Scott Backman
7233 Seacrest Boulevard/3691 Sea crest Boulevard (Exhibit "A'')
15.80/25.89 acres, a total of 41.69 acres
Sam's Club: Palm Beach County's Commercial High with a
maximum 5 dwelling units per acre (CH/S)
NorthStar: Institutional and Public Facilities (INST)
Sam's Club: Palm Beach County's Commercial General (CG)
NorthStar: Residential Multifamily (RM)
Local Retail Commercial (both properties)
Sam's Club: Planned Commercial Development (PCD)
NorthStar: C-3 Community Commercial
No changes to current uses
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
Adjacent Uses:
North:
South:
Developed commercial properties in unincorporated Palm
Beach County, designated CHIS and zoned CG. Farther north
right-of-way of Hypoluxo Road.
Undeveloped parcel designated High Density Residential
(HDR) and zoned Multi-Family Residential (R-3), then
town homes (Pine Point Villas Condo) classified High Density
Residential (HDR) and zoned Multi-family Residential (R-3).
East:
Right-of-way of Sea crest Boulevard, farther east single-family
homes (San Castle subdivision) in unincorporated Palm Beach
County, designated Medium Density Residential (MR-S) and
zoned Residential Multifamily (RM); to the northeast,
developed and vacant commercial properties in Lantana,
designated and zoned C1-Commercial.
West:
Right-of-way of Interstate I-9S.
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning for
the following reasons:
1. The request is consistent with the annexation and other relevant objectives and policies
of the City's Comprehensive Plan.
2. The proposed amendment will benefit the City by contributing to the diversification of its
economy and its tax base.
3. The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within existing capacities, or generate any negative impacts
upon adjacent or nearby properties.
PROJECT ANALYSIS
The two properties which are the subject of this land use amendment total 41.69 acres;
therefore, the proposed land use change qualifies as a large-scale amendment pursuant to
Chapter 163 F.S. Following local board review and City Commission publiC hearing, a "large-
scale" amendment is transmitted to the Florida Department of Community Affairs for review for
compliance with the state, regional and local comprehensive plans prior to adoption. Following
the review period of approximately 60 days, DCA provides the City with a report of their
findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has
60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with
changes in response to the ORC report, or (3) determine not to adopt the amendment and
inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale
amendments may only be adopted during two amendment cycles each calendar year. This
amendment request is a part of the 1st round of amendments for the 2009 calendar year.
2
File Number: LUAR 09-002-ANEX 09-001
Sam's ClubjNorthStar
This proposed amendment is being reviewed for transmittal to the Florida Department of
Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be
scheduled for adoption, tentatively in May 2009.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to, a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's risk
manager. The planning department shall also recommend limitations or
requirements, which would have to be imposed on subsequent development of the
property, in order to comply with policies contained in the comprehensive plan.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The request is consistent with the City's annexation program as
described in the following objective and policies in the Comprehensive Plan:
Objective 1.15
Policy 1.15.1
Policy 1.15.2
Policy 1.15.3
The City will continue to expand through annexation of enclaves,
pockets and other contiguous properties.
The City shall continue to promote the orderly annexation of lands
consistent with Chapter 171, Florida Statutes, and the Palm Beach County
Annexation Policy.
The City shall utilize four methods of annexation:
1. Voluntary annexation;
2. Annexation by interlocal agreement with Palm Beach County;
3. Compliance with pre-annexation water service agreements from the
City; and
4. Referendum.
The City shall require every property being annexed into the City to
concurrently apply for land use amendment and rezoning to the City's
adopted land use classification and zoning district "
The request is also consistent with Objective 1.17:
Objective 1.17
The City shall pursue economic development opportunities to
support a competitive and diversified economy.
Sam's Club will contribute to the diversification of the City's economy and the City's fiscal
profile, now overly dependent on the residential sector for its tax revenues.
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the public welfare.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The uses of both properties have been long established under the
3
File Number: LUAR 09-002-ANEX 09-001
Sam's ClubjNorthStar
Palm Beach County's land use and zoning designations. No changes in use are planned for
either property.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The proposed amendment is requested in conjunction with an application for annexation. The
existing Palm Beach County land use designation and zoning must be changed to the city land
use designation and zoning district.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
As stated, the proposed land use amendment does not entail changes to current use of the
subject properties. The addition of an accessory fuelling facility is currently planned for the
Sam's Club (see the Master Plan review in the last section of this report); a carwash may be
added later. The NorthStar Cemetery Services is planning to add a crematorium sometime in the
future. Both planned additions represent minimal impact upon municipal services as described
below.
Traffic
The refueling facility will be an ancillary use for the Sam's Club and thus there will be a large
proportion of shared trips between the two. The facility will be available exclusively to the Club's
members and will require a membership card for pump activation. The trip characteristics'
analysis done for similar projects indicate the internal trip capture of over SO%.
Likewise, the future addition of the crematorium to the NorthStar's cemetery will not have a
significant impact on the surrounding roadways.
At the time of the site plan application for the respective additions, the concurrency traffic
impact analysis or statement will be provided and will be reviewed by the County for
consistency with the Pal Beach County Traffic Performance Standards ordinance.
Potable Water i.!nd Sewer
The City provides both water and sewer services to the Sam's Club property. The addition of a
fuelling station will not have a significant effect on the site's overall water demand and, since
Sam's Club carwash facilities utilize recycled water, a carwash facility would also have a
negligible impact.
Upon annexation, the City will provide water to the NorthStar cemetery, but due to the need for,
and the cost of, the extensive on-site improvements, NorthStar's connection to the City's sewer
system will be postponed. Moreover, the facility will continue to use well water for irrigation
purposes.
Water Demand
Land Use
Existingl Proposed Offi~o-emataim
O1urch
Generation Rate Units
25 GPO per anplOl 16
5 GPO J::er seat 120
Total GDP
400
600
1,000
4
File Number: LUAR 09-002-ANEX 09-001
Sam's ClubjNorthStar
The future addition of a crematorium will have a marginal impact, accounted for in the above
table. The generation rates for office and church uses are applied in demand calculations for the
existing funeral home and chapel buildings.
Potable Water Facilities
Water Plant Capacity* (peak day) 27,000,000
Committed capacity (actual flow + reserved capacity, peak day 23,622,289
Remaining capacity 3,377,711
SFWMD permitted withdrawals (average day) 21,490,000
Contracted amount to purchase from County 5,000,000
Expiration date of water use permit August 14, 2010
*Includes 5,000,000 contracted to purchase for Palm Beach County
As shown, the projected increase in water demand is insignificant as compared to the remaining
capacity. Likewise, the additional sewer capacity that would be required for the NorthStar
cemetery in the future is minimal and can easily be accommodated by the City's facilities.
Sewer Demand
Land Use Generation Rate Units Total GDP
Existing/Proposed Officel Crematori m 25 GPD per emploYeE 16 400
Church 5 GPD per seat 120 600
1,000
Sanitary Sewer Facilities
Sewer Treatment Capacity 24 MGD
Committed or allocated capacity (MGD) 18.56
Available capacity (MGD) 2.72
Solid Waste
The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's municipalities throughout the 10-year planning period.
Drainage
Drainage will also be reviewed in detail as part of the site plan approval process, and must
satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
The use of the subject properties will not change; the proposed rezoning will be compatible
with adjacent and nearby properties. The proposed land use and zoning for the Sam's Club
property is similar to the current County land use and zoning designations. The Local Retail
Commercial land use classification is proposed for both the Sam's Club and the NorthStar
property. Both properties would also have commercial zoning designations, with a PCD zoning
requested for Sam's Club and C-3 zoning for NorthStar. The NorthStar cemetery, which is a
commercial enterprise, constitutes an appropriate transitional use between the high intensity
commercial Sam's Club to the north and residential uses to the south. Given the unfeasibility of
5
File Number: LUAR 09-002-ANEX 09-001
Sam's ClubjNorthStar
redevelopment of a large existing cemetery, a proposed commercial zoning has a negligible
potential for negative impact on nearby residential properties in the future.
The proposed commercial land use and zoning designation for the NorthStar cemetery will
accommodate the plan to subsequently add a crematorium. It also reflects a commercial, rather
than a public use of the property. It should also be noted that the commercial zoning would
accommodate the placement of a billboard on the cemetery property, pursuant to Florida
Statutes and the 2001 settlement agreement between the City and two advertising
corporations. The settlement allows for the placement of a set number of billboards at various
locations along the I-9S right-of-way, subject to, in part, a residential separation standard and
all applicable siting standards of Florida Statutes. The subject property would allow for the
siting of one of the two remaining billboards allowed under the agreement, with minimal
impacts on residential and other land uses.
The requested C-3 zoning for the NorthStar property will require a code amendment, which
staff will propose and initiate to be timed with ultimate adoption of the subject request. The
code amendment is necessary as the current C-3 regulations only allow a funeral home as a
permitted use and funeral home with a crematorium as a conditional use. The amendment
would establish a cemetery in conjunction with a funeral home as a permitted use in the C-3
zoning district.
f. Whether the property is physically and economically developable under the existing
zoning.
The proposed reclassificationjrezoning involves developed properties and is a necessary action
in conjunction with an annexation.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning is reasonably related to the needs of the
neighborhood and the city as a whole (see above sections "e" and "f'').
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
The proposed amendment is requested for the already developed properties and in conjunction
with an application for annexation. No use changes are planned for either property.
MASTER PLAN ANALYSIS FOR SAM'S CLUB
When requesting to rezone property to a planned district, such as Planned Commercial
Development (PCD), the applicant is required to submit a Master Plan depicting the location of
site improvements, proposed traffic patterns and site data. Since the existing Sam's Club is
requesting PCD zoning, the applicant has submitted the requisite master plan. The master plan
depicts the existing one-story, 134,100 square foot Sam's Club building situated in the
southwest corner of the property, as well as a proposed Sam's membership gas station and
carwash facility in the northeast corner of the property.
6
File Number: LUAR 09-002-ANEX 09-001
Sam's ClubjNorthStar
The plan depicts parking on all sides of the property, with the largest parking fields to the east
and north of the existing Sam's structure. With the inclusion of the gas and carwash facility, the
site proposes 683 parking spaces, four (4) spaces in excess of the required 679. Access to the
property would be through four (4) existing driveways, one (1) from Hypoluxo Road, just east
of Seacrest Boulevard, and three (3) existing drives off of Sea crest Boulevard, at the northern
edge, center and southern edge of the site. The site has traffic circulation completely around
the site and existing and proposed structures, for ease of service delivery and emergency
access.
Planned Commercial District regulations establish setbacks and buffers in excess of standard
commercial zoning districts. The existing 134,100 square foot building would exceed all of the
district setback requirements; front - 40' required/3SS' provided, side - 30' requiredj4S' & 270'
provided, and rear - 40' requiredj6S' provided. As for setback requirements applicable to the
proposed gas and carwash facility, the code sets forth special setback regulations for gas
stations, which would be met with the plan submitted; front - 3S' requiredj36' proposed, side -
20' requiredjSSS' & 130' proposed, and rear - 20' requiredj220' provided. Buffers are to be
designed in accord with the peripheral greenbelt regulations, which require a minimum 10 foot
landscape greenbelt area around the entire site. As this is a developed site, approved under
Palm Beach County zoning regulations, the site, including numerous tree preservation
easements, complies with this requirement, except for an approximate 190 foot long segment
along the south side of the building abutting the cemetery property. Since only this small strip
falls short of the PCD requirement, staff will require a denser planting scheme to be
accomplished when the formal site plan is brought forward in the future to approve the gas and
carwash facility addition. A final code provision of note within the special gas station regulations
associated with Planned Commercial Development districts requires gas pump islands and
associated canopies be located a minimum of 200 feet from any public right-of-way. As this
requirement would place the fueling operations directly in front of the front door to the existing
Sam's Club building and would displace the established and most convenient customer parking,
staff suggests that a code amendment be undertaken to accommodate those properties
requesting PCD zoning with existing improvements, which are annexed into the City. All other
aspects of development review will be accomplished during the site plan review process
associated with the previously mentioned future improvements.
Relative to the NorthStar Cemetery Services of FL, LLC request for C-3 zoning, a master plan is
not required as part of the rezoning. The applicant has suggested the possibility of modifying
the site at some point in the future to accommodate a crematorium. When the applicant is
ready to bring forward such a proposal, staff will initiate the necessary site plan review process.
CONCLUSIONS/RECOMMENDATIONS
The request is consistent with the objectives of the City's annexation program and relevant
policies in the Comprehensive Plan. Furthermore, it will benefit the City's economy without
creating additional impacts on infrastructure that cannot be accommodated within existing
capacities, and without generating any negative impacts upon adjacent or nearby properties.
Therefore, staff recommends that the subject request be approved.
ATTACHMENTS
S:\Planning\SHARED\WP\PROJECTS\Sams Club PB Memorial\LUAR 09-002\STAFF REPORT Sam'sClub-PBMemorial.doc
7
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I ORDINANCE NO. 09-{{,{
1 i
21
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38
5 BY AMENDING THE FUTURE LAND USE ELEMENT
6 I OF THE COMPREHENSIVE PLAN FOR A PARCEL
~ I OWNED BY NORTHST AR CEMETERY SERVICES OF
FLORIDA LLC., AND LOCATED AT 3691 SEA CREST
9 BOULEVARD; CHANGING THE LAND USE
10 DESIGNA TION FROM INSTITUTIONAL AND PUBLIC
11 FACILITIES (INST) TO LOCAL RET AIL
12 COMMERCIAL; PROVIDING FOR CONFLICTS.
13 SEVERABILITY, AND AN EFFECTIVE DATE.
14
15 WHEREAS, the City Commission ofthe City of Boynton Beach. Florida has adopted
16 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land t: se Element
17 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
18 Comprehensive Planning Act; and
19 WHEREAS, the procedure for amendment of a Future Land Use Element of a
20 Comprehensive Plan as set forth in Chapter 163, Florida Statutes. has been followed: and
21 WHEREAS, after two (2) public hearings the City Commission acting in its dual
22 capacity as Local Planning Agency and City Commission finds that the amendment
23 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems Jt Hi
24 the best interest of the inhabitants of said City to amend the aforesaid Element of the
25 Comprehensive Plan as provided,
26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
27 CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 I Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
I
II
29 I herein by this reference,
I s \CA\O,di"~tt"P1~";""L""d \J,,\N"rth"~ do,
,
I
1 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the
2 following:
3 That the Future Land Use of the following described land located at 3691 Seacrest
4 Boulevard changing the land use designation from Institutional and Public Facilities (INST) to
5 Local Retail Commercial:
6
7 See legal description att~hed hereto as Exhibit "A"
8
9
10 Subject to easements, restrictions, reservations, covenants and rights-
11 of-way of record.
12
13
14 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
15 Future Land Use Plan shall be amended accordingly.
16 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
17 Section 5: Should any section or provision of this Ordinance or any portion thereof be
18 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
19 remainder of this Ordinance.
20 Section 6: The effective date of this plan amendment shall be the date a final order is
21 issued by the Department of Community Affairs finding the amendment to be in compliance in
22 accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration
23 Commission finding the amendment to be in compliance in accordance with Section 163.3184,
24 F,S,
25 FIRST READING this ~ day of Ja,I1UC1...f f-' 2009,
s: \CA \Ordinances\PlanningLand Use\Northstar,doc
- 2 -
1 SECOND. FINAL READING <hid PASSAGE this day l)1' \ if rl..
2 I CITY OF BOYNTON BEACH. FLORID,\
I
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3 I
: I -----_.- -------- ,
Mayor - Jerry Taylor
6 I
~ I Vice Mayor - Jose Rodriguez
9 I
10
11 Commissioner - Ronald Weiland
12 I
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13 i
1411 ---.---
Commissioner - Woodrow L. Hay
1511
~~ II ~~--- -~~ "._~--
Commissioner - Marlene Ross
lS1 ATTEST:
19
20
21 Janet M. Prainito, CMC
22 City Clerk
23
241
25 (Corporate Seal)
26
I
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s: \C A\Ord inances\P1 ann ing.Land Use\Northstar. doc
, .
KEATLEY INVESTMENTS, Inc. CEMETERY PARCEL
LEGAL DESCRIPTION OF PALM BEACH MEMORIAL PARK
Situated in the County of Palm Beach, State of Florida, and knows as being a part of the re-plat
of part of Lincoln memorial Gardens, as recorded in Plat Book 25, Page 225, and further
described as follows:
COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road
(width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast corner of
Northwest Quarter (NW 1/4) of Section 9, Township 45 South, Range 43 East, Palm Beach
County, Florida;
Thence South 020 29' 14" West, along the centerline of Seacrest Boulevard and the east line of
said Northwest Quarter of Section 9, a distance of 1,218.79 feet to a point;
Thence North 870 30' 46" West, a distance of 40.00 feet to a point on the West right-of-way line
of said Seacrest Boulevard, and being 20.30 feet South of the North line of the re-plat of Lincoln
Memorial Gardens, and the POINT OF BEGINNING;
Thence South 020 29' 14" West along the West right-of-way line of said Seacrest Boulevard, a
distance of 1,391.26 feet to a point; thence North 870 30' 46" West, a distance of 92.00 feet to a
point; thence South 020 29' 14" West, a distance of 93,00 feet to a point; thence North 870 30'
46" West, a distance of 81.83 feet to a point; thence North 01001' 59" East, a distance of 156.13
feet to a point; thence North 870 30' 46" West, a distance of 33.81 feet to a point; thence North
01001' 59" East, a distance of 2.74 feet to a point; thence North 870 30' 46" West, a distance of
326,39 feet to a point; thence South 010 01' 59" West, a distance of 12.00 feet to a point; thence
North 870 30' 46" West, a distance of 148.72 feet to a point; thence South 010 01' 59" West, a
distance of 19,03 feet to a point; thence North 870 30' 46" West a distance of 176.44 feet to a
point on the East right-of-way line State Route 9 (Interstate 95), a variable width public right-of-
way; thence North 010 01' 59" East, along the East right-of-way line of said State Route 9, a
distance of 1,174.86 feet to a concrete disk found; thence South 880 55' 16" East, a distance of
344,35 feet to a point; thence North 030 27' 44" East, a distance of 160.14 feet to a point; thence
South 880 55' 16" East, a distance of545.43 feet to the POINT OF BEGINNING.
Said parcel contains 25,89 acres ofland, more or less.
fXN-I/S' I l "/}-
Meeting Minutes
Regular City Commission
Boynton Beach, FL January 20, 2009
.-,._~
Owner: Walmart Stores #8140/Northstar Cemetery Services of Florida,
LLC
Location: West of North Seacrest Blvd, South of Hypoluxo Rd. 7233
Sea crest Blvd and 3691 Seacrest Blvd.
Descri ption: Request to annex the properties. (Sam's Club -- 1st Reading
Proposed Ordinance No. 09-003) (Northstar - 1st Reading
Proposed Ordinance No. 09-004)
B. Project: Sam's Club/Northstar (LUAR 09-002)
Agent: Bonnie Miskel and Scott Backman
Owner: Walmart Stores #8140/Northstar Cemetery Services of Florida,
LLC
Location: West of North Sea crest Blvd., South of Hypoluxo Road, 7233
Seacrest Blvd. and 3691 Seacrest Blvd.
Description: Request to amend the Comprehensive Plan Future Land Use Map
classification on :i:41.49 acres of land from Commercial High
(CHIS) and Institutional (Palm Beach County) to Local Retail
Commercial (LRC).(Sam's Club -- 1st Reading Proposed
Ordinance No. 09-005) (Northstar - 1st Reading Proposed
Ordinance No. 09-006)
Request to rezone from Palm Beach County Commercial General
(CG) and Residential Multifamily (RM) to Planned Commercial
Development (PCD) and C-3, Community Commercial. (Sam's
Club -- 1st Reading Proposed Ordinance No. 09-007)
(Northstar - 1st Reading Proposed Ordinance No. 09-008)
Hanna Matras, Senior Planner addressed the annexation, land use amendment and rezoning for
both Items VIII. A and B. The request covered two properties; Sam's Club and Northstar
Cemetery. It included a total of 41.49 acres. She reviewed the current zoning designations and
the request to change to Local Retail Commercial. Sam's Club would be Planned Commercial
Development zoning and Northstar would be C-3, Community Commercial. There would be no
current changes to the existing uses. In the future, Sam's Club would be adding a fueling
facility and Northstar would be adding a crematorium. Staff recommended approval of the
annexation, land use amendment and rezoning. The requests met all the necessary criteria for
approval as outlined in the staff report.
Scott Backman, legal counsel for the applicants, commended staff for their cooperation. He
was present to answer any questions. Attorney Cherof pointed out the requests would return
to the Commission after transmission for approval by the Department of Community Affairs. A
separate annexation agreement would be brought before the Commission also. Any conditions
of approval would be included in the annexation agreement.
Mayor Taylor opened the issue for public hearing or comment.
No one coming forward, Mayor Taylor closed the public hearing.
11
Meeting Minutes
Regular City Commission
Boynton Beach, FL January 20, 2009
Attorney Cherot read Proposed Ordinance No. 09-003 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-003. Commissioner Weiland
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherot read Proposed Ordinance No. 09-004 by title only on first reading.
Motion
Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 09-004. Commissioner Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherot read Proposed Ordinance No. 09-005 by title only on first reading.
Motion
Commissioner Weiland moved to approve Proposed Ordinance No. 09-005. Commissioner Hay
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherot read Proposed Ordinance No. 09-006 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-006. Commissioner Ross
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-007 by title only on first reading.
12
XII. - LEGAL
DEVELOPMENT
CITY OF BOYNTON BEACH ITEM A.S
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to Citv Clerk's Commission Meeting Dates Turned in to Citv Clerk's
Dates Office Office
0 A ri121, 2009 0 June 16,2009
0 Ma 5,2009 [8J Jul 7, 2009
0 Ma 19,2009 0 Jul 21,2009 Jul
0 June 2, 2009 0 Au ust 4, 2009 Jul
0 AnnouncementslPresentations 0 Citv Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [8J Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this request as a tabled item on the July 7, 2009 City Commission agenda
under Legal, Ordinances - Second Reading. The City Commission tabled this request a second time, again with the purpose
of timing the concurrent processing with the corresponding code amendment and to allow further time to resolve issues raised
by the adjacent property owner, The City Commission on January 20, 2009 approved this item (including First Reading of
the Ordinance) with the corresponding Land Use Amendment which was transmitted to the Department of Community Affairs
(DCA), The State's review is completed and the ordinance has been prepared for adoption. For further details pertaining to
this request, see attached Department Memorandum No, 08-104,
EXPLANATION:
PROJECT: Sam's Club (LUAR 09-002)
AGENT: Bonnie Miskel and Scott Backman
OWNERS: Walmart Stores #8140 / Northstar Cemetery Services of Florida, LLC
LOCATION: West of North Seacrest Boulevard, South ofHypoluxo Road, 7233 Seacrest
Boulevard and 3691 Seacrest Boulevard
DESCRIPTION: Request to rezone from Palm Beach County Commercial General (CG) and
Residential Multifamily (RM) to Planned Commercial Development (PCD) and
C-3, Community CommerciaL
PROGRAM IMP ACT:
FISCAL IMP ACT: ~~
ALTERNATIVES:
City Manager's Signature
~). Assistant to City Manager CAwl/
Planning and Zon' Director City Attorney / Finance
S:\Planning\SHARED\WP\PROJEC S\Sams Club PB Memorial\LUAR 09-002\Agenda Item Request Sam's Club Rezone LUAR 09-001 7-7-09,doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM ,DOC
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DIVISION
MEMORANDUM NO. PZ 08 - 104
Chair and Members
Planning and Development Board
Hanna Matras
Senior Planner
Michael W. Rumpf
Director of Planning and Zoning
December 1, 2008
Sam's Club/NorthStar/ ANNEX 09-001-LUAR 09-002
To annex the two properties, and to amend the Future Land Use
designation on 41.69 acres from Palm Beach County's
Commercial High with a maximum 5 dwelling units per acre
(CH/5) and Institutional and Public Facilities (INST) to Local
Retail Commercial (LRC), and rezone from Palm Beach County's
Commercial General (CG) and Residential Multifamily (RM) to
Planned Commercial Development (PCD) and C-3 Community
Commercial.
Property Owners:
Applicant/Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Walmart Stores #8140 and NorthStar Cemetery Services of FL,
LLC
Bonnie Miskel and Scott Backman
7233 Seacrest Boulevard/3691 Sea crest Boulevard (Exhibit "A")
15.80/25.89 acres, a total of 41.69 acres
Sam's Club: Palm Beach County's Commercial High with a
maximum 5 dwelling units per acre (CH/5)
NorthStar: Institutional and Public Facilities (INST)
Sam's Club: Palm Beach County's Commercial General (CG)
NorthStar: Residential Multifamily (RM)
Local Retail Commercial (both properties)
Sam's Club: Planned Commercial Development (PCD)
NorthStar: C-3 Community Commercial
No changes to current uses
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
Adjacent Uses:
North:
South:
Developed commercial properties in unincorporated Palm
Beach County, designated CH/5 and zoned CG. Farther north
right-of-way of Hypoluxo Road.
Undeveloped parcel designated High Density Residential
(HDR) and zoned Multi-Family Residential (R-3), then
town homes (Pine Point Villas Condo) classified High Density
Residential (HDR) and zoned Multi-family Residential (R-3).
East:
Right-of-way of Seacrest Boulevard, farther east single-family
homes (San Castle subdivision) in unincorporated Palm Beach
County, designated Medium Density Residential (MR-5) and
zoned Residential Multifamily (RM); to the northeast,
developed and vacant commercial properties in Lantana,
designated and zoned C1-Commercial.
West:
Right-of-way of Interstate 1-95.
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning for
the following reasons:
1. The request is consistent with the annexation and other relevant objectives and policies
of the City's Comprehensive Plan.
2. The proposed amendment will benefit the City by contributing to the diversification of its
economy and its tax base.
3. The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within existing capacities, or generate any negative impacts
upon adjacent or nearby properties.
PROJECT ANALYSIS
The two properties which are the subject of this land use amendment total 41.69 acres;
therefore, the proposed land use change qualifies as a large-scale amendment pursuant to
Chapter 163 F.S. Following local board review and City Commission public hearing, a "large-
scale" amendment is transmitted to the Florida Department of Community Affairs for review for
compliance with the state, regional and local comprehensive plans prior to adoption. Following
the review period of approximately 60 days, DCA provides the City with a report of their
findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has
60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with
changes in response to the ORC report, or (3) determine not to adopt the amendment and
inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale
amendments may only be adopted during two amendment cycles each calendar year. This
amendment request is a part of the 1st round of amendments for the 2009 calendar year.
2
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
This proposed amendment is being reviewed for transmittal to the Florida Department of
Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be
scheduled for adoption, tentatively in May 2009.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to, a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's risk
manager. The planning department shall also recommend limitations or
requirements, which would have to be imposed on subsequent development of the
property, in order to comply with policies contained in the comprehensive plan.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The request is consistent with the City's annexation program as
described in the following objective and policies in the Comprehensive Plan:
Objective 1.15
Policy 1.15.1
Policy 1.15.2
Policy 1.15.3
The City will continue to expand through annexation of enclaves,
pockets and other contiguous properties.
The City shall continue to promote the order/y annexation of lands
consistent with Chapter 171, Florida Statutes, and the Palm Beach County
Annexation Policy.
The City shall utilize four methods of annexation:
1. Voluntary annexation;
2. Annexation by inter/ocal agreement with Palm Beach County;
3. Compliance with pre-annexation water service agreements from the
City; and
4. Referendum.
The City shall require every property being annexed into the City to
concurrently apply for land use amendment and rezoning to the City's
adopted land use classification and zoning district. "
The request is also consistent with Objective 1.17:
Objective 1.17
The City shall pursue economic development opportunities to
support a competitive and diversified economy.
Sam's Club will contribute to the diversification of the City's economy and the City's fiscal
profile, now overly dependent on the residential sector for its tax revenues.
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the publiC welfare.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The uses of both properties have been long established under the
3
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
Palm Beach County's land use and zoning designations. No changes in use are planned for
either property.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The proposed amendment is requested in conjunction with an application for annexation. The
existing Palm Beach County land use designation and zoning must be changed to the city land
use designation and zoning district.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
As stated, the proposed land use amendment does not entail changes to current use of the
subject properties. The addition of an accessory fuelling facility is currently planned for the
Sam's Club (see the Master Plan review in the last section of this report); a carwash may be
added later. The NorthStar Cemetery Services is planning to add a crematorium sometime in the
future. Both planned additions represent minimal impact upon municipal services as described
below.
Traffic
The refueling facility will be an ancillary use for the Sam's Club and thus there will be a large
proportion of shared trips between the two. The facility will be available exclusively to the Club's
members and will require a membership card for pump activation. The trip characteristics'
analysis done for similar projects indicate the internal trip capture of over 50%.
Likewise, the future addition of the crematorium to the NorthStar's cemetery will not have a
significant impact on the surrounding roadways.
At the time of the site plan application for the respective additions, the concurrency traffic
impact analysis or statement will be provided and will be reviewed by the County for
consistency with the Pal Beach County Traffic Performance Standards ordinance.
Potable Water and Sewer
The City provides both water and sewer services to the Sam's Club property. The addition of a
fuelling station will not have a significant effect on the site's overall water demand and, since
Sam's Club carwash facilities utilize recycled water, a carwash facility would also have a
negligible impact.
Upon annexation, the City will provide water to the NorthStar cemetery, but due to the need for,
and the cost of, the extensive on-site improvements, NorthStar's connection to the City's sewer
system will be postponed. Moreover, the facility will continue to use well water for irrigation
purposes.
Water Demand
-~----- ~ - -----~_.. -
Land Use Generation Rate Units Total GDP
Existing! Proposed Offi~Cremataim 25 GPO per emplOfel: 16 400
O1urch 5GPO rer seat 120 600
.L. ------
1,000
4
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
The future addition of a crematorium will have a marginal impact, accounted for in the above
table. The generation rates for office and church uses are applied in demand calculations for the
existing funeral home and chapel buildings.
Potable Water Facilities
Water Plant Capacity* (peak day) 27,000,000
Committed capacity (actual flow + reserved capacity, peak day 23,622,289
Remaining capacity 3,377,711
SFWMD permitted withdrawals (average day) 21,490,000
Contracted amount to purchase from County 5,000,000
Expiration date of water use permit August 14, 2010
*Includes 5,000,000 contracted to purchase for Palm Beach County
As shown, the projected increase in water demand is insignificant as compared to the remaining
capacity. Likewise, the additional sewer capacity that would be required for the NorthStar
cemetery in the future is minimal and can easily be accommodated by the City's facilities.
Sewer Demand
Land Use Generation Rate Units Total GDP
Existingl Proposed Office/Crematorim 25 GPD per employee 16 400
Church 5 GPD per seat 120 600
1,000
Sanitary Sewer Facilities
Sewer Treatment Capacity 24 MGD
Committed or allocated capacity (MGD) 18.56
Available capacity (MGD) 2.72
Solid Waste
The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's municipalities throughout the 10-year planning period.
Drainage
Drainage will also be reviewed in detail as part of the site plan approval process, and must
satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
The use of the subject properties will not change; the proposed rezoning will be compatible
with adjacent and nearby properties. The proposed land use and zoning for the Sam's Club
property is similar to the current County land use and zoning designations. The Local Retail
Commercial land use classification is proposed for both the Sam's Club and the NorthStar
property. Both properties would also have commercial zoning designations, with a PCD zoning
requested for Sam's Club and C-3 zoning for NorthStar. The NorthStar cemetery, which is a
commercial enterprise, constitutes an appropriate transitional use between the high intensity
commercial Sam's Club to the north and residential uses to the south. Given the unfeasibility of
5
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
redevelopment of a large existing cemetery, a proposed commercial zoning has a negligible
potential for negative impact on nearby residential properties in the future.
The proposed commercial land use and zoning designation for the NorthStar cemetery will
accommodate the plan to subsequently add a crematorium. It also reflects a commercial, rather
than a public use of the property. It should also be noted that the commercial zoning would
accommodate the placement of a billboard on the cemetery property, pursuant to Florida
Statutes and the 2001 settlement agreement between the City and two advertising
corporations. The settlement allows for the placement of a set number of billboards at various
locations along the 1-95 right-of-way, subject to, in part, a residential separation standard and
all applicable siting standards of Florida Statutes. The subject property would allow for the
siting of one of the two remaining billboards allowed under the agreement, with minimal
impacts on residential and other land uses.
The requested C-3 zoning for the NorthStar property will require a code amendment, which
staff will propose and initiate to be timed with ultimate adoption of the subject request. The
code amendment is necessary as the current C-3 regulations only allow a funeral home as a
permitted use and funeral home with a crematorium as a conditional use. The amendment
would establish a cemetery in conjunction with a funeral home as a permitted use in the C-3
zoning district.
f. Whether the property is physically and economically developable under the existing
zoning.
The proposed reclaSSification/rezoning involves developed properties and is a necessary action
in conjunction with an annexation.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning is reasonably related to the needs of the
neighborhood and the city as a whole (see above sections "e" and "f").
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
The proposed amendment is requested for the already developed properties and in conjunction
with an application for annexation. No use changes are planned for either property.
MASTER PLAN ANALYSIS FOR SAM'S CLUB
When requesting to rezone property to a planned district, such as Planned Commercial
Development (PCD), the applicant is required to submit a Master Plan depicting the location of
site improvements, proposed traffic patterns and site data. Since the existing Sam's Club is
requesting PCD zoning, the applicant has submitted the requisite master plan. The master plan
depicts the existing one-story, 134,100 square foot Sam's Club building situated in the
southwest corner of the property, as well as a proposed Sam's membership gas station and
carwash facility in the northeast corner of the property.
6
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
The plan depicts parking on all sides of the property, with the largest parking fields to the east
and north of the existing Sam's structure. With the inclusion of the gas and carwash facility, the
site proposes 683 parking spaces, four (4) spaces in excess of the required 679. Access to the
property would be through four (4) existing driveways, one (1) from Hypoluxo Road, just east
of Seacrest Boulevard, and three (3) existing drives off of Sea crest Boulevard, at the northern
edge, center and southern edge of the site. The site has traffic circulation completely around
the site and existing and proposed structures, for ease of service delivery and emergency
access.
Planned Commercial District regulations establish setbacks and buffers in excess of standard
commercial zoning districts. The existing 134,100 square foot building would exceed all of the
district setback requirements; front - 40' required/355' provided, side - 30' required/45' & 270'
provided, and rear - 40' required/65' provided. As for setback requirements applicable to the
proposed gas and carwash facility, the code sets forth special setback regulations for gas
stations, which would be met with the plan submitted; front - 35' required/36' proposed, side -
20' required/555' & 130' proposed, and rear - 20' required/220' provided. Buffers are to be
designed in accord with the peripheral greenbelt regulations, which require a minimum 10 foot
landscape greenbelt area around the entire site. As this is a developed site, approved under
Palm Beach County zoning regulations, the site, including numerous tree preservation
easements, complies with this requirement, except for an approximate 190 foot long segment
along the south side of the building abutting the cemetery property. Since only this small strip
falls short of the PCD requirement, staff will require a denser planting scheme to be
accomplished when the formal site plan is brought forward in the future to approve the gas and
carwash facility addition. A final code provision of note within the special gas station regulations
associated with Planned Commercial Development districts requires gas pump islands and
associated canopies be located a minimum of 200 feet from any public right-of-way. As this
requirement would place the fueling operations directly in front of the front door to the existing
Sam's Club building and would displace the established and most convenient customer parking,
staff suggests that a code amendment be undertaken to accommodate those properties
requesting PCD zoning with existing improvements, which are annexed into the City. All other
aspects of development review will be accomplished during the site plan review process
associated with the previously mentioned future improvements.
Relative to the NorthStar Cemetery Services of FL, LLC request for C-3 zoning, a master plan is
not required as part of the rezoning. The applicant has suggested the possibility of modifying
the site at some point in the future to accommodate a crematorium. When the applicant is
ready to bring forward such a proposal, staff will initiate the necessary site plan review process.
CONCLUSIONS/RECOMMENDATIONS
The request is consistent with the objectives of the City's annexation program and relevant
policies in the Comprehensive Plan. Furthermore, it will benefit the City's economy without
creating additional impacts on infrastructure that cannot be accommodated within existing
capacities, and without generating any negative impacts upon adjacent or nearby properties.
Therefore, staff recommends that the subject request be approved.
ATTACHMENTS
S:\Planning\SHARED\WP\PROJECTS\Sams Club PB Memorial\LUAR 09-002\STAFF REPORT Sam'sClub-PBMemorial.doc
7
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Ii ORDINANCE NO. ()9-{Jt; 7
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3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF WALMART STORES #814(),
6 AMENDING ORDINANCE 02-013 TO REZONE A
7 PARCEL OF LAND LOCATED AT 7233 SEA CREST
8 BOULEVARD, AS MORE FULLY DESCRIBED
9 HEREIN, FROM COMMERCIAL GENERAL (CG)
10 (P ALM BEACH COUNTY) TO PLANNED
11 COMMERCIAL DEVELOPMENT (PCD);
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, Walmart Stores #8140, owner of the property located at 7233 Seacrest
19 Boulevard, in Boynton Beach, Florida, as more particularly described herein, has tiled a
20 Petition, through its agents, Bonnie Miske! and Scott Backman. pursuant to Section q of
21 Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the
22 purpose of rezoning a parcel of land. said land being more particularly described hereinafter.
23 from Commercial General (CG) (Palm Beach County) to Planned Commercial Development
24 (peD): and
25 WHEREAS, the City Commission conducted a public hearing and heard testimony
26 and received evidence which the Commission tinds supports a rezoning for the property
27 hereinafter described: and
28 I' WHEREAS, the City Commission finds that the proposed rezoning is consistem with
29 an amendment to the Land Use which was contemporaneously considered and approved at
30 the public hearing heretofore referenced: and
S.\CA\Ordmances\Planning\Rczoning,Rezpmng -Sams Club d"c
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I
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! WHEREAS, the City Commission deems it in the best interests of the inhabitants of
1
2 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth,
3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
5 Section 1. The foregoing Whereas clauses are true and correct and incorporated
6 herein by this reference.
7 Section 2, The following described land located at 7233 Seacrest Boulevard in
8 Boynton Beach, Florida, as set forth as follows:
9
10 See Legal Description attached as Exhibit "A"
11
12
13 Subject to easements, restrictions, reservations, covenants and
14 rights-of-way of record.
15
16 be and the same is hereby rezoned from Commercial General (CG) (Palm Beach County) to
17 Planned Commercial Development (PCD). A location map is attached hereto as Exhibit "B"
18 and made a part of this Ordinance by reference.
19 Section 3, That the aforesaid Revised Zoning Map of the City shall be amended
20 accordingly.
21 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
22 repealed,
23 Section 5. Should any section or provision of this Ordinance or any portion thereof
24 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
251 the remainder of this Ordinance.
26 Section 6, This ordinance shall become effective immediately upon passage.
27 FIRST READING this ~ day of JCU'\ 4(1....- r ,2009,
S :\CA \OrdinanceS\P1 ann in/tIRezonin/tIRezoning -Sams CI ub, doc
1 SECOND. FINAL READING and PASSAGE this day 01 _~ UUlJ
2 CITY OF BOYNTON BEACH. FLORIDA
3
4
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5 Mayor - Jerry Taylor
6!
71
81 Vice Mayor - Jose Rodriguez
1~ I
III Commissioner - Ronald Weiland
12
13 , .-.--
14 I Commissioner - Woodrow L Hav
15 I
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16 I
17 ATTEST: Commissioner - Marlene Ross
18 1
19 I
20 Janet M, Prainito, CMC
21 City Clerk
22
23
241 (Corporate Seal)
"
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~ \CA\Ordinances\Plannin~ezolltn~Rczonillg-Sams Club doc
LEGAL DESCRIPTION
OF
PARCEL 1
7233 SEACREST BOULEV ARD
PARCEL CONTROL NUMBER 00-43-45-09-23-000-0010
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER (NWI/4) OF SECTION 9,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND KNOWN AS
BEING PARCEL NO, 1 OF HY -CREST CENTER, AS RECORDED IN PLAT BOOK 64, PAGE 177-178
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING FURTHER
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS DISK FOUND AT THE INTERSECTION OF THE
CENTERLINES OF HYPOLUXO ROAD (WIDTH V ARIES) AND SEA CREST BOULEVARD (80
FEET WIDE) AND BEING THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF
SECTION 9;
THENCE SOUTH 02029' 14" WEST ALONG THE CENTERLINE OF SEA CREST
BOULEVARD AND THE EASTERLY LINE OF THE NORTHWEST QUARTER OF SECTION 9,
696.58 FEET TO A POINT;
THENCE NORTH 87030'46" WEST, 40.00 FEET TO THE WESTERLY RIGHT-OF-WAY OF
SEACREST BOULEVARD AND BEING THE PRINCIPAL PLACE OF BEGINNING OF THE
PREMISES HEREIN DESCRIBED;
THENCE SOUTH 02029'14" WEST ALONG THE WESTERLY RIGHT-OF-WAY OF
SEACREST BOULEVARD, 522,21 FEET TO A PERMANENT REFERENCE POINT (5/8" IRON PIN
CAPPED #3935 FOUND (0,07 FEET NORTH AND 0,19 FEET EAST) AT THE NORTHEASTERLY
CORNER OF LAND CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC (PARCEL
CONTROL NUMBER 00-43-45-09-05-001-0020 & 00-43-45-09-00-000-3630) BY DEED DATED
DECEMBER 28, 2004 AND RECORDED IN O,R, BOOK 17943, PAGE 691 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE NORTH 88055'16" WEST ALONG A NORTHERLY LINE OF LAND SO
CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 545.43 FEET TO A PERMANENT
REFERENCE POINT (5/8" IRON PIN CAPPED #3935) FOUND;
THENCE SOUTH 03027' 44" WEST ALONG A WESTERLY LINE LAND SO CONVEYED TO
KEATLEY INVESTMENTS-PALM BEACH, LLC, 160,]4 FEET TO A P,K, NAIL & WASHER
FOUND IN ASPHALT PA VEMENT;
THENCE NORTH 88055' 16" WEST CONTINUING ALONG A NORTHERLY LINE OF LAND
SO CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 344.35 FEET TO A 5/8" IRON
PIN CAPPED #3935 FOUND AND DISTURBED ON THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (1-95);
THENCE NORTH 01001' 59" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (1-95), A DISTANCE OF 180,00 FEET;
THENCE NORTH 36002' 54" EAST ALONG THE EASTERLY RlGHT-OF-WAY OF
INTERSTA TE HIGHWA Y NUMBER 95 (1-95),143.16 FEET TO A POINT;
THENCE NORTH 10038' 03" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERST A TE HIGHWAY NUMBER 95 (1-95), 587.24 FEET;
{, //
~XIV/;:; / T 11
THENCE NORTH 07025' 24" EAST ALONG THE Fi",STER1 Y R!(i!-! [_.I)f- \\A j \ ~
INTERSTATE H]GHWAY NUMBER 95 (1-9.5), :,25 FEET TO A 5.S" IRO]\' Plr\ CAPPED "3Q3'
FOUND AND DISTURBED AT THE SOl!THWESTERL Y CORNER OF LAND CO"lVEYED Te,
KR]SHNA REALTY, ]NC. (PARCEL CONTROL NUMBER 00-43-45-09-23-000-0022) BY DEED
DA TED FEBRUARY 12,2000 AND RECORDED ]N O,R, BOOK] ] 607, PAGE 332 OF TI!]- Pl 'HUe
RECORDS OF PALM BEACH COUNTY, FLORIDA
THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO
CONVEYED TO KRISHNA REALTY, ]Nc.. 342,66 FEET TO A '0" ]RON PIN FOUND (006 FEET
NORTH AND 0,37 FEET WEST);
THENCE NORTH 02029' ]4" EAST ALONG THE EASTERLY LINE OF LAND SO
CONVEYED TO KR]SHNA REALTY, ]Nc.. 152,37 FEET TO A POINT AT THE SOCTHWESTERL Y
CORNER OF LAND CONVEYED TO TACO BELL OF AMER]CA, ]NC. (PARCEL CONTROL
NUMBER 00-43-45-09-23-000-0030) BY DEED DATED DECEMBER 28, ] 999 AND RECORDED ]N
O,R, BOOK] 1529, PAGE 866 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA:
THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LA1\D SO
CONVEYED TO TACO BELL OF AMER]CA, ]NC.. ]87,2] FEET TO A '0" ]RON PIN FOUND (012
FEET SOUTH AND 0.33 FEET WEST):
THENCE NORTH 02029' 14" EAST ALONG THE EASTERLY LINE OF LAND SO
CONVEYED TO TACO BELL OF AMERICA, INC., 301.75 FEET TO A POINT O'\: THE
SOUTHERL Y RIGHT-OF-WAY OF AFORESAID HYPOLUXO ROAD:
THENCE SOUTH 88053' 16" EAST ALONG THE SOUTHERLY RIGHT-OF-WAY OF
HYPOLUXO ROAD, 54,00 FEET TO A POINT AT THE NORTHWESTERLY CORNER OF LAND
CONVEYED TO MOBIL OIL CORPORATION (PARCEL NO, 6) (PARCEL CONTROL NUMBER 00-
43-45-09-00-000-3070) BY DEED DATED APRIL 03, 1972 AND RECORDED ]N O,R, BOOK ] CJ97,
PAGE 176 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA:
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO
CONVEYED TO MOBIL OIL CORPORATION, 137,00 FEET TO A PERMANENT REFERENCE
POINT (5/8" ]RON PIN CAPPED #3935) FOUND (0,0] FEET SOUTH AND 0,16 FEET WEST) AT
THE NORTHWESTERLY CORNER OF LAND CONVEYED TO M]CHEL p, BARBER1S (PARCEL.
CONTROL NUMBER 00-43-45-09-23-000-0040) BY DEED DATED APRIL 20, 2004 AND
RECORDED IN O,R, BOOK ]6830, PAGE 1291 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA:
THENCE SOUTH] ] 031 '09 WEST ALONG A WESTERLY LINE OF LAND SO CONVE\'ED
TO M1CHEL p, BARBER]S, 60,75 FEET TO A POINT:
THENCE SOUTH 02029']4" WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED
TO MICHEL p, BARBER]S, ]42,00 FEET TO A POINT:
THENCE SOUTH 87030'46" EAST THE SOUTHERL Y LINE OF LAND SO CONVEYED TO
MICHEL p, BARBER]S, 147,50 FEET TO THE WESTERLY LINE OF TRACT ";\" ['SED FOR
R]GHT-OF-WA Y OF SEACREST BOULEV ARD OF SAID HY-CREST CENTER:
THENCE SOUTH 02029' ]4" WEST ALONG THE R]GHT-OF-Vv'A Y OF SEACREST
BOULEVARD, 40,00 FEET TO A P.K, NAIL & WASHER FOUND IN ASPHALT PAVEMENT ((UO
FEET NORTH, 0,22 FEET \VEST) AND BEING THE NORTHEASTERLY CORNER OF LAND
CONVEYED TO WAL-MART STORES, ]NC. (PARCEL 5) (PARCEL CONTROL NUMBER 00-43-45-
09-23-000-0050) BY DEED DATED JANUARY 24, 1989 AND RECORDED IN O,R, BOOK 5945,
PAGE ]460 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA:
THENCE NORTH 87030'46" WEST ALONG THE NORTHERLY LINE OF LAND SO
CONVEYED TO WAL-MART STORES, INC (PARCEL 5), 166.00 FEET TO A P.K, NAIL SET IN
ASPHAL T PA VEMENT;
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO
CONVEYED TO WAL-MART STORES, INC (PARCEL 5), 260,00 FEET TO A 5/8"X30" IRON PIN
CAPPED (RIVERS TONE CO DUDLEY LS6527) SET;
THENCE SOUTH 87030'46" EAST ALONG THE SOUTHERLY OF LAND SO CONVEYED
TO WAL-MART STORES, INC (PARCEL 5), PASSING THROUGH A PERMANENT REFERENCE
POINT (5/8" IRON PIN CAPPED #3935) FOUND (0,07 FEET SOUTH AND 0,12 FEET WEST) AT
166,00 FEET, A DISTANCE OF 178,00 FEET TO THE PRINCIPAL PLACE OF BEGINNING AND
CONTAINING 14,7961 ACRES OF LAND AS SURVEYED AND DESCRIBED BY EDWARD B.
DUDLEY, LS, NO, 6527 OF THE RIVERSTONE COMPANY IN OCTOBER OF 2008, BE THE SAME
MORE OR LESS, BUT SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND
RESTRICTIONS,
A1l5/8"X30" IRON PIN SET AND CAPPED (RIVERS TONE CO DUDLEY LS6527)
DEED OF REFERENCE
LAND CONVEYED TO WAL-MART STORES, INC BY DEED DATED JANUARY 24, 1989 AND
RECORDED IN OFFICIAL BOOK 5945, PAGE 1460 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
BASIS OF BEARINGS:
THE CENTERLINE OF SEACREST BOULEVARD AS SOUTH 02029' 14" WEST AS RECORDED IN
HY-CREST CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 64,
PAGE 177-178 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
SAM'S CLUB FUELING STATION SERVICE PUMPS PARCEL
(aka PARCEL 5)
LEGAL DESCRIPTION OF AREA OF INTEREST
A parcel of land lying in the Northwest Quarter (NW I/~) of Section 9. Township 45 South,
Range 43 East, Palm Beach County, Florida, and known as being Parcel No, 5 of Hy-Crest
Center, as recorded in Plat Book 64, Page 177-178 of the Public Records of Palm Beach Count),
Florid, and being further bounded and described as follows:
COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road
(width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast comer of said
Northwest Quarter of said Section 9:
Thence South 020 29' 14" West, along the centerline of Seacrest Boulevard and the east line oj
the Northwest Quarter of Section 9, a distance of 696,58 feet to a point:
Thence North 8r 30' 46" West, a distance of 52,00 feet to a permanent reference point (5/8"
iron pin capped #3935) found on the westerly line of Tract ""A" used for right-of-way of Seacresl
Boulevard and being the Principal PLACE OF BEGINNING of the premises herein described:
Thence continue North 870 30' 46" West, along a Northerly line of land conveyed to Wal-Marl
Stores, Inc, (Parcel No.1) (Parcel Control Number 00-43-45-09-000-0010) by deed dated
January 24, 1989 and recorded in O,R,B. 5945, Page 1460 of the Public Records of Palm Beach
County, Florida, a distance of 166,00 feet to a 5/8" x 30" iron pin capped (Riverstone C \
Dudley LS6527) set:
Thence North 020 29' 14" East, along a easterly line of land so conveyed to \Val-Mart Stores
Inc, (Parcel No, 1) a distance of 260,00 feet to a P,K, nail set:
Thence South 870 30' 46" East along a Southerly line of land so conveyed to \Val-Mart Store:,-
lne. (Parcel No.1). a distance of 166,00 feet to a P.K, nail and washer found in asphalt pavement
and being the Westerly right-of-way line of Seacrest Boulevard:
Thence South 02029' 14" West along the Westerly right-of-way line of said Seacrest Boulevard.
a distance of 260,00 feet to the Principal PLACE OF BEGINNING. and containing 0,991 acres
of land as surveyed and described by Edward B, Dudley, L.S, No, 6527 of the Riverstone
Company in October of 2008, be the same more or less. but subject to all leg al highways,
easements and restrictions,
Note: All 5/8" x 30" iron pins set and capped (Riverstone Co Dudley LS6527l,
Meeting Minutes
Regular City Commission January 20, 2009
Boynton Beach, FL
Owner: Walmart Stores #8140/Northstar Cemetery Services of Florida,
LLC
Location: West of North Seacrest Blvd, South of Hypoluxo Rd. 7233
Seacrest Blvd and 3691 Seacrest Blvd.
Description: Request to annex the properties. (Sam's Club -- 1st Reading
Proposed Ordinance No. 09-003) (Northstar - 1st Reading
Proposed Ordinance No. 09-004)
B. Project: Sam's Club/Northstar (LUAR 09-002)
Agent: Bonnie Miskel and Scott Backman
Owner: Walmart Stores #8140/Northstar Cemetery Services of Florida,
LLC
Location: West of North Seacrest Blvd., South of Hypoluxo Road, 7233
Seacrest Blvd. and 3691 Seacrest Blvd.
Description: Request to amend the Comprehensive Plan Future Land Use Map
classification on :t:41.49 acres of land from Commercial High
(CHIS) and Institutional (Palm Beach County) to Local Retail
Commercial (LRC).(Sam's Club -- 1st Reading Proposed
Ordinance No. 09-005) (Northstar - 1st Reading Proposed
Ordinance No. 09-006)
Request to rezone from Palm Beach County Commercial General
(CG) and Residential Multifamily (RM) to Planned Commercial
Development (PCD) and C-3, Community Commercial. (Sam's
Club -- 1st Reading Proposed Ordinance No. 09-007)
(Northstar _1st Reading Proposed Ordinance No. 09-008)
Hanna Matras, Senior Planner addressed the annexation, land use amendment and rezoning for
both Items VIII. A and B. The request covered two properties; Sam's Club and Northstar
Cemetery. It included a total of 41.49 acres. She reviewed the current zoning designations and
the request to change to Local Retail Commercial. Sam's Club would be Planned Commercial
Development zoning and Northstar would be C-3, Community Commercial. There would be no
current changes to the existing uses. In the future, Sam's Club would be adding a fueling
facility and Northstar would be adding a crematorium. Staff recommended approval of the
annexation, land use amendment and rezoning. The requests met all the necessary criteria for
approval as outlined in the staff report.
Scott Backman, legal counsel for the applicants, commended staff for their cooperation. He
was present to answer any questions. Attorney Cherof pointed out the requests would return
to the Commission after transmission for approval by the Department of Community Affairs. A
separate annexation agreement would be brought before the Commission also. Any conditions
of approval would be included in the annexation agreement.
Mayor Taylor opened the issue for public hearing or comment.
No one coming forward, Mayor Taylor closed the public hearing.
11
Meeting Minutes
Regular City Commission
Boynton Beach, FL January 20, 2009
._.~... ,"".",,,,-
Attorney Cherof read Proposed Ordinance No. 09-003 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-003. Commissioner Weiland
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-004 by title only on first reading.
Motion
Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 09-004. Commissioner Hay
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-005 by title only on first reading.
Motion
Commissioner Weiland moved to approve Proposed Ordinance No. 09-005. Commissioner Hay
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-006 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-006. Commissioner Ross
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-007 by title only on first reading.
12
Meeting Minutes
Regular City Commission January 20, 2009
Boynton Beach, FL
Motion
Commissioner Ross moved to approve Proposed Ordinance No. 09-007. Commissioner Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-008 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-008. Commissioner Ross
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
C. Project: New Urban High Ridge (LUAR 09-001)
Agent: Timothy L. Hernandez
Owner: New Urban High Ridge, LLC
Location: Northwest corner of High Ridge Road and Miner Road
Description: Request to amend the Comprehensive Plan Future Land Use Map
classification on :18.44 acres of land from Medium Density
Residential to Industrial; (1,6t Reading Proposed Ordinance
No. 09-009)
Request to rezone from Planned Unit Development (PUD) to M-1,
Industrial. (1,st Reading Proposed Ordinance No. 09-01,0)
Ms. Matras reviewed the request to amend the land use from medium density residential to
industrial with maximum FAR of 0.5 and rezone to M-1 Industrial district. The parcel includes
18.44 acres. It was annexed to the City in May, 2005 originally proposed with single family
homes and townhomes. There was modification to only single family homes. The project has
been the victim of the real estate downturn and currently not feasible. Staff recommended
approval as it met all the necessary criteria as outlined in the staff report.
Timothy Hernandez, agent for the applicant was present. Vice Mayor Rodriguez inquired about
the plans for the area. Mr. Hernandez responded it would be upscale, flexible, industrial type
space similar to the industrial use to the east and south of the project.
Danny Underwood, 28 Maplewood Court, Cedar Ridge Estates, reluctantly agreed with the
request. He would have preferred a residential development. His main concern was the access
to the property at the entrance to Cedar Ridge Estates where many children wait for school
13
XII. - LEGAL
DEVELOPMENT
CITY OF BOYNTON BEACH ITEM A.6
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to Citv Clerk's Commission Meeting Dates Turned in to Citv Clerk's
Dates Office Office
0 A ri121, 2009 0 June 16, 2009
0 5,2009 [8J Jul 7,2009
0 ]9,2009 0 Jul 21,2009 Jul
0 June 2, 2009 0 Au ust 4, 2009 Jul
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [8J Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this request as a tabled item on the July 7, 2009 City Commission agenda
under Legal, Ordinances - Second Reading, The City Commission tabled this request a second time, again with the purpose
of timing the concurrent processing with the corresponding code amendment and to allow further time to resolve issues raised
by the adjacent property owner. The City Commission on January 20, 2009 approved this item (including First Reading of
the Ordinance) with the corresponding Land Use Amendment which was transmitted to the Department of Community Affairs
(DCA), The State's review is completed and the ordinance has been prepared for adoption. For further details pertaining to
this request, see attached Department Memorandum No. 08-104,
EXPLANATION:
PROJECT: Northstar (LUAR 09-002)
AGENT: Bonnie Miskel and Scott Backman
OWNERS: Walmart Stores #8140 / N orthstar Cemetery Services of Florida, LLC
LOCATION: West of North Seacrest Boulevard, South ofHypoluxo Road, 7233 Seacrest
Boulevard and 3691 Seacrest Boulevard
DESCRIPTION: Request to rezone from Palm Beach County Commercial General (CG) and
Residential Multifamily (RM) to Planned Commercial Development (PCD) and
C-3, Community Commercial.
PROGRAM IMP ACT:
FISCAL IMPACT: ) /7
ALTERNATIVES:
I ~ri~
City Manager's Signature
Assistant to City Manager CIrf1-/
p~t~$~~ .
anmng an 0 ng rrector CIty Attorney / Fmance
S:\Plannmg\SHARED\WP\PROJECTS\Sarns Club PB MemoriaJ\LUAR 09-002\Agenda Item Request Northstar Rezone LUAR 09-001 7-7-09,doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 08 - 104
Chair and Members
Planning and Development Board
Hanna Matras
Senior Planner
Michael W. Rumpf
Director of Planning and Zoning
December 1, 2008
Sam's Club/NorthStar/ANNEX 09-001-LUAR 09-002
To annex the two properties, and to amend the Future Land Use
designation on 41.69 acres from Palm Beach County's
Commercial High with a maximum 5 dwelling units per acre
(CH/5) and Institutional and Public Facilities (INST) to Local
Retail Commercial (LRC), and rezone from Palm Beach County's
Commercial General (CG) and Residential Multifamily (RM) to
Planned Commercial Development (PCD) and C-3 Community
Commercial.
Property Owners:
Applicant/Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Walmart Stores #8140 and NorthStar Cemetery Services of FL,
LLC
Bonnie Miskel and Scott Backman
7233 Seacrest Boulevard/3691 Seacrest Boulevard (Exhibit "A')
15.80/25.89 acres, a total of 41.69 acres
Sam's Club: Palm Beach County's Commercial High with a
maximum 5 dwelling units per acre (CH/5)
NorthStar: Institutional and Public Facilities (INST)
Sam's Club: Palm Beach County's Commercial General (CG)
NorthStar: Residential Multifamily (RM)
Local Retail Commercial (both properties)
Sam's Club: Planned Commercial Development (PCD)
NorthStar: C-3 Community Commercial
No changes to current uses
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
Adjacent Uses:
North:
South:
Developed commercial properties in unincorporated Palm
Beach County, designated CH/5 and zoned CG. Farther north
right-of-way of Hypoluxo Road.
Undeveloped parcel designated High Density Residential
(HDR) and zoned Multi-Family Residential (R-3), then
townhomes (Pine Point Villas Condo) classified High Density
Residential (HDR) and zoned Multi-family Residential (R-3).
East:
Right-of-way of Sea crest Boulevard, farther east single-family
homes (San Castle subdivision) in unincorporated Palm Beach
County, designated Medium Density Residential (MR-5) and
zoned Residential Multifamily (RM); to the northeast,
developed and vacant commercial properties in Lantana,
designated and zoned C1-Commercial.
West:
Right-of-way of Interstate I-95.
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning for
the following reasons:
1. The request is consistent with the annexation and other relevant objectives and policies
of the City's Comprehensive Plan.
2. The proposed amendment will benefit the City by contributing to the diversification of its
economy and its tax base.
3. The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within existing capacities, or generate any negative impacts
upon adjacent or nearby properties.
PROJECT ANALYSIS
The two properties which are the subject of this land use amendment total 41.69 acres;
therefore, the proposed land use change qualifies as a large-scale amendment pursuant to
Chapter 163 F.S. Following local board review and City Commission public hearing, a "large-
scale" amendment is transmitted to the Florida Department of Community Affairs for review for
compliance with the state, regional and local comprehensive plans prior to adoption. Following
the review period of approximately 60 days, DCA provides the City with a report of their
findings in an "Objections, Recommendations and Comments (ORe) Report". The City then has
60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with
changes in response to the ORC report, or (3) determine not to adopt the amendment and
inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale
amendments may only be adopted during two amendment cycles each calendar year. This
amendment request is a part of the 1st round of amendments for the 2009 calendar year.
2
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
This proposed amendment is being reviewed for transmittal to the Florida Department of
Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be
scheduled for adoption, tentatively in May 2009.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to, a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's risk
manager. The planning department shall also recommend limitations or
requirements, which would have to be imposed on subsequent development of the
property, in order to comply with policies contained in the comprehensive plan.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The request is consistent with the City's annexation program as
described in the following objective and policies in the Comprehensive Plan:
Objective 1.15
Policy1.15.1
Policy 1.15.2
Policy 1.15.3
The City will continue to expand through annexation of enclaves,
pockets and other contiguous properties.
The City shall continue to promote the orderly annexation of lands
consistent with Chapter 171, Florida Statutes, and the Palm Beach County
Annexation Policy.
The City shall utilize four methods of annexation:
1. Voluntary annexation;
2. Annexation by interlocal agreement with Palm Beach County;
3. Compliance with pre-annexation water service agreements from the
City; and
4. Referendum.
The City shall require every property being annexed into the City to
concurrently apply for land use amendment and rezoning to the City's
adopted land use classification and zoning district. "
The request is also consistent with Objective 1.17:
Objective 1.17
The City shall pursue economic development opportunities to
support a competitive and diversified economy.
Sam's Club will contribute to the diversification of the City's economy and the City's fiscal
profile, now overly dependent on the residential sector for its tax revenues.
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the publiC welfare.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The uses of both properties have been long established under the
3
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
Palm Beach County's land use and zoning designations. No changes in use are planned for
either property.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The proposed amendment is requested in conjunction with an application for annexation. The
existing Palm Beach County land use designation and zoning must be changed to the city land
use designation and zoning district.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
As stated, the proposed land use amendment does not entail changes to current use of the
subject properties. The addition of an accessory fuelling facility is currently planned for the
Sam's Club (see the Master Plan review in the last section of this report); a carwash may be
added later. The NorthStar Cemetery Services is planning to add a crematorium sometime in the
future. Both planned additions represent minimal impact upon municipal services as described
below.
Traffic
The refueling facility will be an ancillary use for the Sam's Club and thus there will be a large
proportion of shared trips between the two. The facility will be available exclusively to the Club's
members and will require a membership card for pump activation. The trip characteristics'
analysis done for similar projects indicate the internal trip capture of over 50%.
Likewise, the future addition of the crematorium to the NorthStar's cemetery will not have a
significant impact on the surrounding roadways.
At the time of the site plan application for the respective additions, the concurrency traffic
impact analysis or statement will be provided and will be reviewed by the County for
consistency with the Pal Beach County Traffic Performance Standards ordinance.
Potable Wa~er and Sewer
The City provides both water and sewer services to the Sam's Club property. The addition of a
fuelling station will not have a significant effect on the site's overall water demand and, since
Sam's Club carwash facilities utilize recycled water, a carwash facility would also have a
negligible impact.
Upon annexation, the City will provide water to the NorthStar cemetery, but due to the need for,
and the cost of, the extensive on-site improvements, NorthStar's connection to the City's sewer
system will be postponed. Moreover, the facility will continue to use well water for irrigation
purposes.
Water Demand
Land Use
Existingl Proposed Offire/Cremataim
OlUrch
Generation Rate Units
25 GPD per employ 16
5 GPDJ:er ~at 120
Total GDP
400
600
1,000
4
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
The future addition of a crematorium will have a marginal impact, accounted for in the above
table. The generation rates for office and church uses are applied in demand calculations for the
existing funeral home and chapel buildings.
Potable Water Facilities
Water Plant Capacity* (peak day) 27,000,000
Committed capacity (actual flow + reserved capacity, peak day 23,622,289
Remaining capacity 3,377,711
SFWMD permitted withdrawals (average day) 21,490,000
Contracted amount to purchase from County 5,000,000
Expiration date of water use permit August 14, 2010
*Includes 5,000,000 contracted to purchase for Palm Beach County
As shown, the projected increase in water demand is insignificant as compared to the remaining
capacity. Likewise, the additional sewer capacity that would be required for the NorthStar
cemetery in the future is minimal and can easily be accommodated by the City's facilities.
Sewer Demand
Land Use Generation Rate Units Total GDP
Existingl Proposed Office/Crematorim 25 GPD per employee 16 400
Church 5 GPD per seat 120 600
1,000
Sanitary Sewer Facilities
Sewer Treatment Capacity 24 MGD
Committed or allocated capacity (MGD) 18.56
Available capacity (MGD) 2.72
Solid Waste
The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's municipalities throughout the 10-year planning period.
Drainage
Drainage will also be reviewed in detail as part of the site plan approval process, and must
satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
The use of the subject properties will not change; the proposed rezoning will be compatible
with adjacent and nearby properties. The proposed land use and zoning for the Sam's Club
property is similar to the current County land use and zoning designations. The Local Retail
Commercial land use classification is proposed for both the Sam's Club and the NorthStar
property. Both properties would also have commercial zoning designations, with a PCD zoning
requested for Sam's Club and C-3 zoning for NorthStar. The NorthStar cemetery, which is a
commercial enterprise, constitutes an appropriate transitional use between the high intensity
commercial Sam's Club to the north and residential uses to the south. Given the unfeasibility of
5
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
redevelopment of a large existing cemetery, a proposed commercial zoning has a negligible
potential for negative impact on nearby residential properties in the future.
The proposed commercial land use and zoning designation for the NorthStar cemetery will
accommodate the plan to subsequently add a crematorium. It also reflects a commercial, rather
than a public use of the property. It should also be noted that the commercial zoning would
accommodate the placement of a billboard on the cemetery property, pursuant to Florida
Statutes and the 2001 settlement agreement between the City and two advertising
corporations. The settlement allows for the placement of a set number of billboards at various
locations along the I-95 right-of-way, subject to, in part, a residential separation standard and
all applicable siting standards of Florida Statutes. The subject property would allow for the
siting of one of the two remaining billboards allowed under the agreement, with minimal
impacts on residential and other land uses.
The requested C-3 zoning for the NorthStar property will require a code amendment, which
staff will propose and initiate to be timed with ultimate adoption of the subject request. The
code amendment is necessary as the current C-3 regulations only allow a funeral home as a
permitted use and funeral home with a crematorium as a conditional use. The amendment
would establish a cemetery in conjunction with a funeral home as a permitted use in the C-3
zoning district.
f. Whether the property is physically and economically developable under the existing
zoning.
The proposed reclassification/rezoning involves developed properties and is a necessary action
in conjunction with an annexation.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning is reasonably related to the needs of the
neighborhood and the city as a whole (see above sections "e" and "f').
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
The proposed amendment is requested for the already developed properties and in conjunction
with an application for annexation. No use changes are planned for either property.
MASTER PLAN ANALYSIS FOR SAM'S CLUB
When requesting to rezone property to a planned district, such as Planned Commercial
Development (PCD), the applicant is required to submit a Master Plan depicting the location of
site improvements, proposed traffic patterns and site data. Since the existing Sam's Club is
requesting PCD zoning, the applicant has submitted the requisite master plan. The master plan
depicts the existing one-story, 134,100 square foot Sam's Club building situated in the
southwest corner of the property, as well as a proposed Sam's membership gas station and
carwash facility in the northeast corner of the property.
6
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
The plan depicts parking on all sides of the property, with the largest parking fields to the east
and north of the existing Sam's structure. With the inclusion of the gas and carwash facility, the
site proposes 683 parking spaces, four (4) spaces in excess of the required 679. Access to the
property would be through four (4) existing driveways, one (1) from Hypoluxo Road, just east
of Sea crest Boulevard, and three (3) existing drives off of Seacrest Boulevard, at the northern
edge, center and southern edge of the site. The site has traffic circulation completely around
the site and existing and proposed structures, for ease of service delivery and emergency
access.
Planned Commercial District regulations establish setbacks and buffers in excess of standard
commercial zoning districts. The existing 134,100 square foot building would exceed all of the
district setback requirements; front - 40' required/355' provided, side - 30' required/45' & 270'
provided, and rear - 40' required/65' provided. As for setback requirements applicable to the
proposed gas and carwash facility, the code sets forth special setback regulations for gas
stations, which would be met with the plan submitted; front - 35' required/36' proposed, side -
20' required/555' & 130' proposed, and rear - 20' required/220' provided. Buffers are to be
designed in accord with the peripheral greenbelt regulations, which require a minimum 10 foot
landscape greenbelt area around the entire site. As this is a developed site, approved under
Palm Beach County zoning regulations, the site, including numerous tree preservation
easements, complies with this requirement, except for an approximate 190 foot long segment
along the south side of the building abutting the cemetery property. Since only this small strip
falls short of the PCD requirement, staff will require a denser planting scheme to be
accomplished when the formal site plan is brought forward in the future to approve the gas and
carwash facility addition. A final code provision of note within the special gas station regulations
associated with Planned Commercial Development districts requires gas pump islands and
associated canopies be located a minimum of 200 feet from any public right-of-way. As this
requirement would place the fueling operations directly in front of the front door to the existing
Sam's Club building and would displace the established and most convenient customer parking,
staff suggests that a code amendment be undertaken to accommodate those properties
requesting PCD zoning with existing improvements, which are annexed into the City. All other
aspects of development review will be accomplished during the site plan review process
associated with the previously mentioned future improvements.
Relative to the NorthStar Cemetery Services of FL, LLC request for C-3 zoning, a master plan is
not required as part of the rezoning. The applicant has suggested the possibility of modifying
the site at some point in the future to accommodate a crematorium. When the applicant is
ready to bring forward such a proposal, staff will initiate the necessary site plan review process.
CONCLUSIONS/RECOMMENDATIONS
The request is consistent with the objectives of the City's annexation program and relevant
policies in the Comprehensive Plan. Furthermore, it will benefit the City's economy without
creating additional impacts on infrastructure that cannot be accommodated within existing
capacities, and without generating any negative impacts upon adjacent or nearby properties.
Therefore, staff recommends that the subject request be approved.
ATTACHMENTS
S:\Planning\SHARED\WP\PROJECTS\Sams Club PB Memorial\LUAR 09-002\STAFF REPORT Sam'sClub-PBMemorial.doc
7
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II
II
II ORDINANCE NO. 09- t L'0
1
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF NORTHST AR CEMETERY
6 SERVICES OF FLORIDA, LLC., AMENDING
7 ORDINANCE 02-013 TO REZONE A PARCEL OF
8 LAND LOCATED AT 3691 SEA CREST
9 BOULEVARD, AS MORE FULLY DESCRIBED
10 HEREIN, FROM RESIDENTIAL MULTI-FAMILY
11 (RM) TO C-3 COMMUNITY COMMERCIAL;
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, Northstar Cemetery Services of Florida, LLC.. owner of the property
19 located at 3691 Seacrest Boulevard. in Boynton Beach, Florida. as more particularly
20 described herein, has filed a Petition. through its agents. Bonnie Miskel and Scott Backman.
21 pursuant to Section 9 of Appendix A-Zoning. of the Code of Ordinances, City of Bo:vnton
22 Beach, Florida, for the purpose of rezoning a parcel of land, said land being more partlcularly
23 described hereinafter, from Residential Multi-family (RM) to C -3 Community Commercial:
24 and
25 WHEREAS, the City Commission conducted a public hearing and heard testimony
26 and received evidence which the Commission finds supports a rezoning for the property
27 hereinafter described; and
28 I WHEREAS, the City Commission tinds that the proposed rezoning is consistent with
29 an amendment to the Land Use which was contemporaneously considered and approved at
30 the public hearing heretofore referenced: and
<, "CA ICJromances\Plannmg,Rczomng\Rczonll1g -Nnrthstar dDC
II
1\ WHEREAS, the City Commission deems it in the best interests of the inhabitants of
2 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth,
3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
5 Section 1. The foregoing Whereas clauses are true and correct and incorporated
6 herein by this reference.
7 Section 2. The following described land located at 3691 Seacrest Boulevard in
8 Boynton Beach, Florida, as set forth as follows:
9
10 See Legal Description attached as Exhibit "A"
11
12
13 Subject to easements, restrictions, reservations, covenants and
14 rights-of-way of record,
15
16 be and the same is hereby rezoned from Residential Multi-family (RM) to C-3 Community
17 Commercial. A location map is attached hereto as Exhibit "B" and made a part of this
18 Ordinance by reference,
19 Section 3, That the aforesaid Revised Zoning Map of the City shall be amended
20 accordingly,
21 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
22 repealed.
23 Section 5. Should any section or provision of this Ordinance or any portion thereof
24 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
25 the remainder of this Ordinance.
26 Section 6. This ordinance shall become effective immediately upon passage,
27 FIRST READING this ~ day of JCU1tJ.C,Lri ,2009,
S :\CA \Ordinances\Planning.Rezoning.Rezoning -North star. doc
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I SECOND, FINAL READING and PASSAGE this davoJ . ..2009,
11
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21 CITY OF BOYNTON BEACH, FLORIDA
31
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51 ~-~-".-
Mayor - Jerry Taylor
6!
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71
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81 Vice Mayor - Jose Rodriguez
91
101 -
11 Commissioner - Ronald Weiland
12
13
14 Commissioner - Woodrow L Hay
15
16
17 ATTEST: Commissioner - Marlene Ross
18!
19
20 Janet M. Prainito, CMC
21 City Clerk
22 I
23
24 (Corporate Seal)
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S :\CA IOrdinances\P1 anninglRezoninglRezonmg -North star doc
KEA TLEY INVESTMENTS, Inc. CEMETERY PARCEL
LEGAL DESCRIPTION OF PALM BEACH MEMORIAL PARK
Situated in the County of Palm Beach, State of Florida, and knows as being a part of the re-plat
of part of Lincoln memorial Gardens, as recorded in Plat Book 25, Page 225, and further
described as follows:
COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road
(width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast corner of
Northwest Quarter (NW 1/4) of Section 9, Township 45 South, Range 43 East, Palm Beach
County, Florida;
Thence South 020 29' 14" West, along the centerline of Seacrest Boulevard and the east line of
said Northwest Quarter of Section 9, a distance of 1,218.79 feet to a point;
Thence North 87030' 46" West, a distance of 40.00 feet to a point on the West right-of-way line
of said Seacrest Boulevard, and being 20.30 feet South of the North line of the re-plat of Lincoln
Memorial Gardens, and the POINT OF BEGINNING;
Thence South 020 29' 14" West along the West right-of-way line of said Seacrest Boulevard, a
distance of 1,391.26 feet to a point; thence North 870 30' 46" West, a distance of 92.00 feet to a
point; thence South 020 29' 14" West, a distance of 93.00 feet to a point; thence North 870 30'
46" West, a distance of 81.83 feet to a point; thence North 010 01' 59" East, a distance of 156.13
feet to a point; thence North 870 30' 46" West, a distance of 33.81 feet to a point; thence North
01001' 59" East, a distance of 2.74 feet to a point; thence North 870 30' 46" West, a distance of
326.39 feet to a point; thence South 010 01' 59" West, a distance of 12.00 feet to a point; thence
North 87030' 46" West, a distance of 148.72 feet to a point; thence South 010 01' 59" West, a
distance of 19.03 feet to a point; thence North 870 30' 46" West a distance of 176.44 feet to a
point on the East right-of-way line State Route 9 (Interstate 95), a variable width public right-of-
way; thence North 010 01' 59" East, along the East right-of-way line of said State Route 9, a
distance of 1,174.86 feet to a concrete disk found; thence South 880 55' 16" East, a distance of
344.35 feet to a point; thence North 030 27' 44" East, a distance of 160.14 feet to a point; thence
South 880 55' 16" East, a distance of 545.43 feet to the POINT OF BEGINNING.
Said parcel contains 25.89 acres ofland, more or less.
,...-. - .7 . \. \;4~11
~ )(,41 L~ I r
Meeting Minutes
Regular City Commission
Boynton Beach, FL January 20, 2009
-"-~'-'-
Owner: Walmart Stores #8140jNorthstar Cemetery Services of Florida,
LLC
Location: West of North Seacrest Blvd, South of Hypoluxo Rd. 7233
Sea crest Blvd and 3691 Sea crest Blvd.
Description: Request to annex the properties. (Sam's Club -- Jst Reading
Proposed Ordinance No. 09-003) (Northstar - Jst Reading
Proposed Ordinance No. 09-004)
B. Project: Sam's Club/Northstar (LUAR 09-002)
Agent: Bonnie Miskel and Scott Backman
Owner: Walmart Stores #8140/Northstar Cemetery Services of Florida,
LLC
Location: West of North Seacrest Blvd., South of Hypoluxo Road, 7233
Sea crest Blvd. and 3691 Seacrest Blvd.
Description: Request to amend the Comprehensive Plan Future Land Use Map
classification on x41.49 acres of land from Commercial High
(CHIS) and Institutional (Palm Beach County) to Local Retail
Commercial (LRC).(Sam's Club -- Jst Reading Proposed
Ordinance No. 09-005) (Northstar - Jst Reading Proposed
Ordinance No. 09-006)
Request to rezone from Palm Beach County Commercial General
(CG) and Residential Multifamily (RM) to Planned Commercial
Development (PCD) and C-3, Community Commercial. (Sam's
Club -- Jst Reading Proposed Ordinance No. 09-007)
(Northstar - Jst Reading Proposed Ordinance No. 09-008)
Hanna Matras, Senior Planner addressed the annexation, land use amendment and rezoning for
both Items VIII. A and B. The request covered two properties; Sam's Club and Northstar
Cemetery. It included a total of 41.49 acres. She reviewed the current zoning designations and
the request to change to Local Retail Commercial. Sam's Club would be Planned Commercial
Development zoning and Northstar would be C-3, Community Commercial. There would be no
current changes to the existing uses. In the future, Sam's Club would be adding a fueling
facility and Northstar would be adding a crematorium. Staff recommended approval of the
annexation, land use amendment and rezoning. The requests met all the necessary criteria for
approval as outlined in the staff report.
Scott Backman, legal counsel for the applicants, commended staff for their cooperation. He
was present to answer any questions. Attorney Cherof pointed out the requests would return
to the Commission after transmission for approval by the Department of Community Affairs. A
separate annexation agreement would be brought before the Commission also. Any conditions
of approval would be included in the annexation agreement.
Mayor Taylor opened the issue for publiC hearing or comment.
No one coming forward, Mayor Taylor closed the public hearing.
11
Meeting Minutes
Regular City Commission
Boynton Beach, FL January 20, 2009
Attorney Cherof read Proposed Ordinance No. 09-003 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-003. Commissioner Weiland
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-004 by title only on first reading.
Motion
Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 09-004. Commissioner Hay
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-005 by title only on first reading.
Motion
Commissioner Weiland moved to approve Proposed Ordinance No. 09-005. Commissioner Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-006 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-006. Commissioner Ross
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-007 by title only on first reading.
12
Meeting Minutes
Regular City Commission
Boynton Beach, FL January 20, 2009
..--..
Motion
Commissioner Ross moved to approve Proposed Ordinance No. 09-007. Commissioner Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-008 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-008. Commissioner Ross
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
C. Project: New ':Irban High Ridge (LUAR 09-001)
Agent: llmothy L. Hernandez
OWner: New Urban High Ridge, LLC
Location: Northwest corner of High Ridge Road and Miner Road
Description: Request to amend the Comprehensive Plan Future Land Use Map
classification on :f:18.44 acres of land from Medium Density
Residential to Industrial; (Jst Reading Proposed Ordinance
No. 09-009)
Request to rezone from Planned Unit Development (PUD) to M-l,
Industrial. (Jst Reading Proposed Ordinance NOI 09-0JO)
Ms. Matras reviewed the request to amend the land use from medium density residential to
industrial with maximum FAR of 0.5 and rezone to M-l Industrial district. The parcel includes
18.44 acres. It was annexed to the City in May, 2005 originally proposed with single family
homes and townhomes. There was modification to only single family homes. The project has
been the victim of the real estate downturn and currently not feasible. Staff recommended
approval as it met all the necessary criteria as outlined in the staff report.
Timothy Hernandez, agent for the applicant was present. Vice Mayor Rodriguez inquired about
the plans for the area. Mr. Hernandez responded it would be upscale, flexible, industrial type
space similar to the industrial use to the east and south of the project.
Danny Underwood, 28 Maplewood Court, Cedar Ridge Estates, reluctantly agreed with the
request. He would have preferred a residential development. His main concern was the access
to the property at the entrance to Cedar Ridge Estates where many children wait for school
13
XII. - LEGAL
DEVELOPMENT
CITY OF BOYNTON BEACH ITEM A.7
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Offi ce
0 A ri121, 2009 0 June 16,2009
0 Ma 5,2009 I2J Jul 7,2009
0 Ma 19,2009 0 Jul 21,2009 Jul
0 June 2, 2009 0 Au ust 4, 2009 Jul
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda I2J Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this tabled item on the July 7, 2009 City Commission agenda under Legal,
Ordinances - Second Reading. This item was tabled for a second time at the June 16th meeting, again in connection with the
further tabling of the other items in this large-scale amendment cycle (e.g. Sam's Club and Northstar). On January 20,2009,
the City Commission approved this item (including First Reading of the Ordinance) for transmittal to the Department of
Community Affairs (DCA). This item has been returned from DCA and is now ready for final ordinance processing. Please
note that the size of the subject property has been reduced fromj)8.44 acres to :!:13.66 acres. The extracted portion is
currently the subject of a site plan application for a charter school, which is an allowed use under the current future land use
classification of Medium Density Residential (MeDR). An additional :!:0.56 acres was conveyed to the Palm Beach County
for the right-of-way for High Ridge Road. For further details pertaining to this request, see attached Department
Memorandum No. 08-093.
EXPLANATION:
PROJECT: New Urban High Ridge (LUAR 09-001)
AGENT: Timothy L. Hernandez
OWNERS: New Urban High Ridge, LLC
LOCATION: Northwest comer of High Ridge Road and Miner Road
DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map classification
on :!:13.66 acres ofland from Medium Density Residential to Industrial.
PROGRAM IMP ACT:
FISCAL IMP ACT: -k~/7 ~
ALTERNATIVES:
Development Dep City ~r's Signature-
Assistant to City Manager ~
Planning and Zo . irector City Attorney / Finance
S :\PlanningISHAREDI WP\PROJECTS High Ridge- New Urban CommunitieslLUAR 09-0011Agenda Item Request High Ridge LUAR 09-001 amend 7 -7-
09.doc
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 08-093
TO: Chair and Members
Planning and Development Boare
FROM: Hanna Matias -
Senior Pianner-
, ,
,: '1i'~
, '-.J'
THROUGH: Michael W. Rumpf. i._,
Director or Pianning and Zoning
DATE: November 10, 2008
PROJECT NAME/NUMBER: New Urban High Ridge/LUAR 09-001
REQUEST: Request to amend the Future Land Use Designation from
Medium Density Residential (with a maximum density of 9.68
dwelling units per acre) to Industrial (with a maximum FAR. of
0.50) and rezone from Planned Unit Development (PUD) to !v'\-~l
Industrial District.
PROJECT DESCRIPTION
Property Owner: New Urban High Ridge LLC
Applicant/ Agent: New Urban High Ridge/Timothy L. Hernandez
Location: Northwest corner of High Ridge Road and Miner Road (Exhibit
"A,r)
Parcel Size: ::'::18.44 acres
Existing Land Use: fV1edium Density Residential (MeDR, 9.68 du/ae)
Existing Zoning: PUD, Planned Unit Development
Proposed Land Use: Industrial (max F.A.R. of 0.50;
Proposed Zoning: M-l Industrial District
Proposed Use: Industrial
File Number: LUAR 09-001
New Urban High Ridge
Adjacent Uses:
North: Single family homes in unincorporated Palm Beach County,
designated LR-2 Low Density Residential (2 du/acre) and
zoned RS Single Family Residential.
South: The right-of-way of Miner Road, then developed property
(flex space warehouse of High Ridge Commerce Center)
designated Industrial (I) and zoned M-l Industrial; to the
southwest, undeveloped property within unincorporated Palm
Beach County designated Industrial (IND) and zoned Single
Family Residential (RS).
East: The right-of-way of High Ridge Road, then, to the northeast,
Cedar Ridge Estates with single family homes and
townhomes (townhomes built at 8.04 dujacre), designated
Low Density Residential (LOR) and zoned Planned Unit
Development (PUD). To the southwest, Cedar Ridge and
High Ridge Commerce Park, developed properties designated
Industrial (I) and zoned Planned Industrial Development
(PID).
West: To the west, undeveloped property (High Ridge Country
Club) designated Low Density Residential (LDR) and zoned
R1AA Single Family Residential.
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The request is consistent with the relevant policies in the Compreher.Jsive Plan that
encourage rezoning to industrial uses as well as with the recommendations of the 2006
"Analysis of the M-l Zoning District" report.
2. The proposed amendment is of great benefit to the City given the acute shortage of
industrial land. Industrial uses diversify the economy and create jobs, lessening impacts
of economic downturns.
3. The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within existing capacities.
4. The potential negative impacts on the surrounding residential neighborhoods can be
minimized through adequate screening and buffering and the project's design.
PROJECT BACKGROUND
The property was annexed to the City in May 2005 and approved for Medium Density
Residential land use, allowing a maximum density of 9.68 dweliing units per acre. As per the
~,
f=iie r~umb'2:-. _JAP 09-001
New Urbari High Ridge
concurrentiy approved mcster pian and the site plan approved !i ::;"'ptemD:?") , tn2 :Ji-_l">:.'
included :74 for-sale residential units - 48 single family homes ::lIid : wW'lhom:?:
December 2006, the property owner, New Urban High Rioge LLc' obtained eolt::: Piar '
extension of 1 year ror the project. At that time, the delay I:: securing Dermits was caL!S':::
utility problems and prolonged negotiations with the ;:'alrn Sea=::-- =OU~i1:\ e:;aardinc
landscaping within the right-oF-way of High Ridge Road- ~ssues unreiatec -::c tn::: -state -
residential market, which, however, softened consideiabiy, Tt!2 rec2nt ar,ai\'srs of the-!',
residential sales indicate that the townhome market reached its peat~ !r 2005, whil':: ths SI
family home prices peaked in 2006. By the end of 2007, as the market :::ontlnJec tc: wot'ser
developer requested a major site plan modification. The modificatior~, aDPr:}Ved Ir :::>ecem::i:
2007, eliminated the townhomes and proDosed 210 single-family 'lomes. -edJclng the 'li~~
number of units by 64.
In the first half of 2008, the sales prices in the City were off from thei, peaks by over 400/: fey
single-family homes and 27% for town homes. The number of foreclosur::s r,as Deen rising,
moreover, the tightening of the credit markets escalated in the third quarter of 20ClE:
substantially reducing access to mortgage loans.
Given the current environment and the low likelihood ror its significant improvement during a:
least the next tvvelve months, the project as apDroved is not financialiy feasibie.
GENERAL POLICY CONSIDERA nONS
The residential market boom left the City with a scarcity of industrially-zoned land, The
rezonings from industrial and commercial districts Tor residential uses started in the year :2000
with an approval of a residential development in the Quantum Industrial Park. Since then, some
135 acres have lost their industria! designation, not including Quantum, which retained is
Planned Industrial Development zoning designation even though a large percentage of it<=;
acreage has been converted to uses other than industrial.
The loss of industrial land has occurred simultaneously within unincorpoiated Palm Beacr
County and most of its other municipalities. This trend's negative impact on the local economie~,
in terms of future jobs, availability of services and tax bases has been recognized by tn,::
county's Intergovernmental Plan Amendment Review Committee (IPARC) and documented I,
the report produced by the IPARC-hired consultants in 2007. In addition, the consultants
created a second report, which include a zoning toolkit ror modern light industria! districts.
Michele Mellgren and Associates, Inc., provided a review of the City's M-l zoning district Ir
2006. Likewise, the study noted the potential negative effect...s of the continuous overall decline
in the amount or industrial land in Boynton Beach and found the current M-l regulations
unaccommodating to the changing market trends. The report stated: "IndUSTrial lands are
valuable to a municipality based on benefits of stability and diversity, cost of public services anc
employment resources". The general recommendation was that the City should preserve anc
expand industrial land when appropriate in order to enhance economic viabilit\',
PROJECT ANALYSIS
The parcels which are the subject of this land use amendment rota! 18.44 acres; tnererore, tne
proposed land use change Qualifies as i3 large-scaie amendment pursuant to ChaPTer 1E::, :::.,~
File Number: LUAR 09-001
New Urban High Ridge
Following advisory board review and the City Commission public hearing, a "large-scale"
amendment is transmitted to the Florida Department of Community Affairs (DCA) for review for
compliance with the state, regional and local comprehensive plans prior to adoption. Following
the review period of approximately 60 days, DCA provides the City with a report of their
findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has
60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with
changes in response to the ORC . report, or (3) determine not to adopt the amendment and
inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale
amendments may only be adopted during two amendment cycles each calendar year. This
amendment request is a part of the 1st round of amendments for the 2009 calendar year.
This proposed amendment is being reviewed for transmittal to the DCA. After transmittal and
review by the DCA, the proposed amendment will be scheduled for adoption, tentatively in May
2009.
Review Based on Criteria
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a s'"caff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive plan
policies including but not limited to/ a prohibition against any increase in dwelling unit
density exceeding 50 in the hurricane evacuation zone without written approval of the Palm
Beach County Emergency Planning Division and the Citys risk manager. The planning
department shall also recommend limitations or requirements/ which would have to be
imposed on subsequent development of the prope~ in order to comply with policies
contained in the comprehensive plan.
The proposed rezoning is generally compatible with the Comprehensive Plan policies.
Specifically, Policies 1.4.2 and 1.17.1 of the Land Use Element read:
"Areas adjacent to industrially-designated lands shall be considered for
redesignation to industrial use if adequate lot consolidation to prevent piecemeal
encroachment into adjacent neighborhoods is available provided that adequate
screening and buffering is provided. " (1. 4.2)
" The City shall continue to attract a mix of high 'value industria~ commercial and
reSidential development that will strengthen the tax base and generate
employment opportunities for residents without affecting the City's
neighborhoods and community character." (1.17.1)
Given the acute shorLClge of developable industrial land in the City, the amendment is beneficial
as it would contribute to a much needed diversification of the economy and create employment
opportunities. It would also strengthen the tax base, and at the same time lower the future
claims on City's revenues by replacing residential use with one that generates lower demand for
City's services. These arguments need to be weighted against potential land use confiic:t...s with
adjacent residential neighborhoods.
4
File NumD~~: _UAP. 09-00:
New Urban High Ridg~
The proposed amendment runs against the recommendatior,s of the High Rioge Road T
Study, publIshed by Palm Beach County in ~997. The study nas not beer adopted bu-' " ,
intended for local governments 2S an informational item to be considered a~ ':he tjr'i::
annexation and lor deveiopment approval for any of the ievievl',,:d sites. The Clbjectives
study include maintaining the predominantly residential character of th,,: area, keeping densi]':::
and housing types in new residential projects consistent with those in existing oevelopment;
and limiting access and traffic on High Ridge P,oac! (the subject proper:\' 'S iocateG ',-
southernmost vicinity of the study, Area 3, ant is referrec to as Tract B~,
In terms of compatibility, the original master plan for a medium density residential development
would have constituted a better transition between residential uses to the west, north inc
northeast and the industrial uses south and south east of the property. There are clsam
compatibility issues when industrial uses abut residential neighborhoods. fv'iost M-l djstrict~
the city are adjacent to and, to some degree, impact residential areas, However ,.....
underscored in the aforementioned M-l study, light industrial and residential uses can coeXist
with proper regulations in place. The intended code amendments will impiemem the SLUO\
recommendations by addressing such issues as incompatibiiity with adequate separatlor'
screening and buffering, and traffic impacts. For the proposed project, adequate screening and
buffering would be sought in the ultimate site plan to minimize the project's impact on adjac':'nt
residential neighborhoods to the west, north and north-east of subject propert'r'. Mitigatior 0'
impacts through the appropriate design will also be addressed at that time.
Currently, the code includes enhanced buffer requirements for separation of potential!\,
incompatible uses and zoning districts. The minimum required landscape buffer betweer
industrial and residential zoning districts must be 15 feet wide (as opposed to 2 1/:2 feet for 2::
standard buffer). Moreover, the code contains general exterior design guidelines for buildings
located on High Ridge Road: industrial buildings must be designed "In such a manner so as Ie
disguise their typical warehouse appearance" and overhead doors cannot be located on r:
building fa~ade. Staff opines that these requirements would significantly diminish the project c::
v!sual impac-..s on residential neighborhoods.
The buffering standards required between incompatibie uses and zoning distric--.5 are being
revised as part of the rewrite of the Land Development Regulations and will be considerably
enhanced. Specifically, the draft regulations distinguish between a "buffer" and a "barrier", t~:?
latter designed to give staff the strongest and most flexible tool to address negative visuai
impacts. The barrier will include "a continuous, solid, opaque visual screen of at least (6) feet ir-
height comprised of a variety of densely planted trees, hedges and shrubs, in combination witn
an optional buffer wall and/or berm". Given the time frame for the processing of the prooosec
amendment, it is likely the new Land Development Regulations will be used to review the
pian for the project.
b. Whether the proposed rezoning would be contrary'to the established land use pattern 0,'
would create an isolated district unrelated to adjacent and n5arby districts; 0:- wouid
constitute a grant of spedal privilege to an individual propertv owner as contrasted with he
protection of the public welfare.
The proposed rezoning will not be contrary to the established land use pattern, will not create
an isolated district, nor will it constitute a grant or special privileg,,: to the owner. The properties
w th'2 south ana south-east of the 5ubjec~ oroperty have been developed for industrial uses.
File Number: LUAR 09-001
New Urban High Ridge
c. Whether changed or changing conditions make the proposed rezoning desirable.
As explained in the Background section above, there have been changes that make the
proposed land use amendment and zoning desirable. The overbuilding in the housing sector
produced a large vacant housing inventory which will likely take a long time for the market to
absorb. The population growth has been flat for the last two years (the City actually lost a small
number of residents in 2007 and 2008) and there IS uncertainty regarding the future growth.
The housing boom and multiple rezonings from industrial and commercial to residential land
uses have left the city with a severe shortage of industrial land. Redesignation to industrial use
is beneficial for the City as the ongoing recession underscores the need for economic
diversification and job creation.
d. Whether the proposed use would be compatible with utility systemsl roadwaysl and other
public facilities.
Traffic
The applicant has provided a long-term transportation analysis for the proposed amendment, 2S
well as the concurrency traffic impact analysis. The transportation analysis includes the analysis
of the existing conditions and traffic conditions for years 2013 and 2025. It compares potential
traffic impacts generated by the current Medium Density land use (9.68 dwelling units per acre)
with impacts that would be generated by the maximum intensity of the proposed Industrial use,
at a FAR of 0.50. The results indicate that, if the site were developed with a F.A.R. of 0.50, the
development would generate 1,2.74 net new daily trips, 2.50 net new AM Peak Hour trips, and
259 net new PM Peak Hour trips. This additional daily traffic volume on High Ridge Road
between Gateway Boulevard and Hypoluxo Road would bring the volume-to-capacity ratios on
the three High Ridge links (Gateway Boulevard to Miner Road, Miner Road to site, and site to
Hypoluxo Road) within 0.44 - 0.46 range, still below one-half of the capacity for the adopted
Level of Service D for a two-lane road. The 2025 projected daily traffic volume-to-capacity ratios
for High Ridge Road between Gateway Boulevard and Hypoluxo Road do not exceed 0.54. The
ratios indicate that, in the long run, the road would still be operating at the better level of
service "C".
For the 2013 peak hour traffic conditions, the proposed amendment would, at a maximum
F.A.R., produce volume-to-capacity ratios on High Ridge Road of about 0.85. The impacted
intersection analysis for 2013 shows that the Hypoluxo Road I High Ridge Road and Miner Road
I High Ridge Road intersections are projected to meet standards, although the AM Peak Hour
volume for Hypoluxo Road and High Ridge Road are near capacity.
A5 stated, the above analysis assumes that the property would be developed at the maximum
permitted F.A.R. of 0.50. However, given the site requirements such as parking, drainage and
landscaping with the enhanced screening and buffering, the F.A.R. is likely to be in the 3.0 - 3.5
range. The industrial parcel located south of the subject property and currently developed with
two flex-space buildings has an approved F.A.R. of 0.3. For the F.A.R. of 0.35, the impacts would
be reduced by about 60% for the daily volume and 40% for the peak hours traffic. This level on
intensity would increase the daily traffic volume on the High Ridge Road by approximately 5%.
6
Fil€: NumDer. JJAP.09-00J
New Urban High Ridge
There r,2S been a recent reductior, in traffic volum",: ornwth :an::'c; most 0':' ~h~ road\t,;a,
-J.. - . .'-'- potentially impact::d by the proposed amendment. B:::tvv:::en ~2005 and 2008, t'l,= v)lum::: 'T "-
High Ridge Road betw:::en Hypoluxo RGae and Miner Road deClin:::d bv?:J/G,
Finally, the trip generation associated witt! tn,:: n:::w amenomerrc T,a,>' alSO 8::: !)w:::r j'" "DT'
employees use public transit. The Tii-Rail station is iocated approxirTlatel,>' . = mil:: fron- h,
subj:::ct site; a bus stop is located nearby on High Rid,ge Roao,
Potable Water and Sewer
The demand for potable water and sewer will again be compared using the maximum dersi:\
and intensity of the existing and proposed land use.
Water Oa...mand
Land Use !Generation RatE Total GPO ,
Current: MDR (9.68 dw/acre=178 d. u. :452 GOD p~ d.u 80,,1561
-. ---. - -71~89i
Proposed: IndLEtrial - 401,623 sf 178 per 1000 sf
!Change I -8,9671
Potable Water Facilities
Water Plant Capacity* (peak day) i 27,000,000
Committe::J capa:ity (actual flow + reserved capacity, peak day): 23,622,289
Remaining capacity i 3,377,711
SF\Mv'\D permitte::J witrorawals (average day) 21,490,000
Contrade:J amourt to p...Irchase from County : 5,000,000
Expiration date of water use permit August 14, 2.010
*Includes 5,000,000 contracta:l to purchase for Paim Bea::h County
Sewer Demand
I I Land Use \ Generation RatE I
lTotal GPO
Current: I MDR (9.68 dw/acre=178 d.u. ')')6 C;DO perd.u I 40.2281
I
- --~ --I - _._~--,
Proposed: lndustrial - 401,623 sf 159 per 1000 sf 63,858
i Cha nge I 23,630
Sanitary Sewer Facilities
Sewer Treatment Capacity 24 M:JD
Committa:J or aliocate:1 capacity (MGD) . 18.56
Available capa::ity (MCD) ..\ -r-,
_.J~
Water demand for industrial uses can differ considerably among various uses, Tne gallons-p'2:
day per 1,000 square feet rates for water and sewer as utilized in the tables above assum"
average demand for a flex space-type industrial project. As shown, under the maximum Intensit\
assumption, the proposed amendment would result in a jower increase In daiiv water demanc
but increase in sewer demand would be higher, If, as discussed in tn:: Traffic seCtion above, tr1-
square footage is adjusted to a lower and mar:: prooabi:: F.A.P", the projeCt::c sew::' demanc
would approximate the demand under th,: c:Jrrent lane l5':. with ar ever (:1I'::a::'2' CJe=r::as~
File Number: LUAR 09-001
New Urban High Ridge
the projected water demand. Under either scena rio, the City has unreserved capacity to serve
the projected raise in demands,
The demand calculations assume the average of 2.26 persons per dwelling unit, which is the
city's average household size.
Soiid Waste
The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's municipalities throughout the lO-year planning period.
Drainaae
Drainage will also be reviewed in detail as part of the site plan approval process, and must
satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby propertie~ or would affect the property values af
adjacent or nearby properties.
The proposed rezoning will be reasonably compatible with the current and future use of
adjacent and nearby properties, and should have no impact on the property values of adjacent
and nearby properties. As discussed above, potential land use conflicts would be mitigated by
application of the relevant Land Development Regulations during the site plan stage.
f. Whether the prape;ty is physically and economically developable under the existing
zoning.
There are no physical constraints to the development of the subject property under the existing
zoning, but the development would be economically unfeasible.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The proposed amendment would be beneficial to the city (see sections "a" and "c''), and, since
it would provide employment opportunities, is also reasonably related to the needs of the
. neighborhood. The amendment may be considered consistent with the ongoing shift in
paradigm in land use planning, whereby it departs from a traditional separation of uses, and
supports compact, mixed-use patterns, allowing places for people to live, work and play to be in
close proximity of one-another and thus promoting resource conservation and sustainable
communities.
Lastly, the subject lot size and the site plan regulations would not accommodate more intensive
industrial uses permitted in the M-l district; the ultimate project would likely be similar to the
other flex-space projects in the area.
h. Whether there are adequate sites elsewhere in the city for the proposed use! in
districts where such use is already aI/owed
The City has an acute shortage of vacant industrial land. As per the vacant land inventory
submitted with the EAR-based amendments, the City has only 15 vacant industrial parcels, of
which merely 8 were 1 acre or larger in size. Not only is there little vacant land zoned M-l, but
the areas with C-4 zoning, which allows marginal commercial usesr are also scarce.
8
~ile Numb:::i._JAR 09-0(l~
New Uruan Hign Pjdg::
CONCLUSIONS I RECOMMENDA nONS
The reauest is consistent with the relevant Do!icies In the Comprehensive Pian that encou:'ag;:,
rezoning to industrial uses as well 2S with the "Analysis of t::-:: 1\1;-1 :::'onin';i )istrlct"
Industrial uses diversify the city's economy and create jobs. It "as aiso beer: established
the proposed amendment would not create additional impac-.s or inrrastructuro:: that canna: )-
accommodated within existing capacities. Lastly, scaff concluded that the :::lotei\tia! neganv:c
impacts on the surrounding residential neighborhoods can ~e minim;zed thro'J,~h aaeO'-ict -,
screening and buffering and the Droject's desIgn. Therefore, staff recommencs that the subj-':'t""
request be approved.
ATTACHMENTS
S:\Plannlng\SHARED\WPIPROJECTS\Hlgh Ridge- New Uroan Communitles\LlJ~R 09-001\STAH REPDR- Hlgtl RIDge 1na,00:
NEW URBAN HIGH RIDGE EXHIBIT "A"
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PPGI . !'ubiic &. Private Governmental/institutional 270 135 0 270 540 810 1.080
DRI - Deveiopment of Regional impact -.-. 'Feet
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I
,
1 I ORDINANCE NO. 09- (1("'':'
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38
5 BY AMENDING THE FUTURE LAND USE ELEMENT
6 OF THE COMPREHENSIVE PLAN FOR A PARCEL
7 OWNED BY NEW URBAN HIGH RIDGE, LLC., AND
8 LOCATED ON THE NORTHWEST CORNER OF HIGH
9 RIDGE ROAD AND MINER ROAD; CHANGING THE
10 LAND USE DESIGNATION FROM MEDIUM DENSITY
11 RESIDENTIAL (MEDR, 9.68 DUlAC) TO INDUSTRIAL;
12 PROVIDING FOR CONFLICTS, SEVERABILITY, AND
13 AN EFFECTIVE DATE.
14
15 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
16 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
17 pursuant to Ordinance No, 89-38 and in accordance with the Local Government
18 Comprehensive Planning Act: and
19 WHEREAS, the procedure for amendment of a Future Land lse Element ut ~i
20 Comprehensive Plan as set forth in Chapter 163, Florida Statutes. has been followed: and
21 WHEREAS, after two (2) public hearings the City Commission acting in its dual
22 capacity as Local Planning Agency and City Commission finds that the amendmelll
23 hereinafter set forth is consistent with the City' s adopted Comprehensive Plan and deems Jt 1Yl
24 the best interest of the inhabitants of said City to amend the aforesaid Element of the
25 Comprehensive Plan as provided.
26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
27 CITY OF BOYNTON BEACH, FLORIDA, THAT:
2811 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
29 herein by this reference.
SICA IOrdmanccsIPlanninglLand lIse\New Urban HIgh Rldgei2nd read I dOl'
I
J
1 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the
2 following:
3 That the Future Land Use of the following described land located on the Northwest
4 corner of High Ridge Road and Miner Road changing the land use designation from Medium
5 Density Residential (MeDR, 9.68 du/ac) to Industrial:
6
7 See legal description attached hereto as Exhibit "A"
8
9 CONTAINING APPROX.13.66 ACRES OF LAND.
10
11 Subject to easements, restrictions, reservations, covenants and rights-
12 of-way of record.
13
14
15 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
16 Future Land Use Plan shall be amended accordingly.
17 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
18 Section 5: Should any section or provision of this Ordinance or any portion thereof be
19 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
20 remainder ofthis Ordinance.
21 Section 6: The effective date of this plan amendment shall be the date a final order is
22 issued by the Department of Community Affairs finding the amendment to be in compliance in
23 accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration
24 Commission finding the amendment to be in compliance in accordance with Section 163.3184,
25 F.S.
26 FIRST READING this _ day of ,2009.
S:ICAIOrdinanceslPlannin~Land UselNew Urban High Ridge(2nd read) doc
- 2-
I
i
I
l I SECOND, FINAL READiNG and PASSAeJE lhis Jay l\) ';l(,U
~ I
2 CITY OF BOYNTON BEACH. FLORIDA
3
4
----~-~--_._---- -----.-----..-
5 Mayor - Jerry Taylor
6
7
8 Vice Mayor-. Woodrow L Hay
9
10
11 Commissioner - Ronald Weiland
12
13
---_.,---
14 Commissioner - Jose Rodriguez
15
16
--
17 Commissioner - Marlene Ross
18 ATTEST:
19
20
21 Janet M. Prainito, CMC
22 City Clerk
23
24
25 (Corporate Seal)
26
S \CA\OrdmanceSlPlannlllglLand UselNew Urban High RJdgel2nd readl.doc
I
EXHIBIT "A"
BALANCE OF THE HIGH RIDGE pun RECORD PLAT
(LESS THE IMAGINE CHARTER SCHOOL AT BOYNTON BEACH)
LEGAL DESCRIPTION
All of HIGH RIDGE PUD Record Plat, as recorded in Plat Book 109, Pages 90 - 93 inclusive,
according to the Public Records of Palm Beach County, Florida, LESS the following described
parcel:
BEGIN at the Northwest corner of said "High Ridge PUD Record Plat;
Thence North 88035' 59" East, along the North line of said Plat, a distance of 471.46 feet;
Thence South 010 50' 29" West, along the East line of said Plat, a distance of400.00 feet;
Thence North 88009' 31" West, a distance of 4 75.09 feet;
Thence North 010 09' 29" East, along the West line of said Plat, a distance of242.76 feet;
Thence North 05002' 00" East, along the said West line, a distance of 130.80 feet to the POINT
OF BEGINNING.
Said lands situate, lying and being in Palm Beach County, Florida, containing 183,899 square
feet (4.2217 acres), more or less.
Meeting Minutes
Regular City Commission
Boynton Beach, FL January 20, 2009
_,""".0
Motion
Commissioner Ross moved to approve Proposed Ordinance No. 09-007. Commissioner Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-008 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-008. Commissioner Ross
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
C. Project: New Urban High Ridge (LUAR 09-001)
Agent: llmothy L. Hernandez
Owner: New Urban High Ridge, LLC
Location: Northwest corner of High Ridge Road and Miner Road
Description: Request to amend the Comprehensive Plan Future Land Use Map
classification on ::t:18.44 acres of land from Medium Density
Residential to Industrial; (JIt Reading Proposed Ordinance
No. 09-009)
Request to rezone from Planned Unit Development (PUD) to M-1,
Industrial. (Jst Reading propo6ed Ordinance No. O9-oJO)
Ms. Matras reviewed the request to amend the land use from medium density residential to
industrial with maximum FAR of 0.5 and rezone to M-1 Industrial district. The parcel includes
18.44 acres. It was annexed to the City in May, 2005 originally proposed with single family
homes and townhomes. There was modification to only single family homes. The project has
been the victim of the real estate downturn and currently not feasible. Staff recommended
approval as it met all the necessary criteria as outlined in the staff report.
Timothy Hernandez, agent for the applicant was present. Vice Mayor Rodriguez inquired about
the plans for the area. Mr. Hernandez responded it would be upscale, flexible, industrial type
space similar to the industrial use to the east and south of the project.
Danny Underwood, 28 Maplewood Court, Cedar Ridge Estates, reluctantly agreed with the
request. He would have preferred a residential development. His main concern was the access
to the property at the entrance to Cedar Ridge Estates where many children wait for school
13
Meeting Minutes
Regular City Commission
Boynton Beach, FL January 20, 2009
buses. Large trucks would be a safety concern unless another entrance was utilized. Miner
Road had a truck restriction. Mr. Underwood wanted to see a site plan with the landscaping
plans to assure the real estate values are protected. Mayor Taylor advised it would be the
Commission's responsibility to make sure it is adequately buffered and landscaped.
Chris Rapp, 3 Oakwood Court, Cedar Ridge Estates, thanked Commissioner Ross for discussing
the proposed changes with him. His research revealed the change was based on the Oty's
desire to have more industrial property for a greater tax base. He was aware of the City's
possible desire to consolidate the Public Works facility to the site. He was concerned with the
proximity of his property to the storage of Oty owned dumpsters; recycle bins, garbage cans
and trucks, other City vehicles and Public Works project stock such as drain pipes and water
pipes. There would also be a repair facility for City vehicles and offices for staff. Mr. Rapp was
also concerned with the movement of garbage trucks in the early morning hours, the odors of
garbage, pests and rodents. The City's use of the property would not generate any tax
revenue. He urged the Commission to consider other uses for the property that promote the
quality of life on High Ridge Road as it is. This unique area with hills, mango trees and a small
two lane road make it a desirable area. He suggested the industrial area extend only as far
north as the industrial property on the east side of High Ridge Road.
Mark Karageorge, 240A Main Boulevard, remarked the American Assembly made a
recommendation concerning the lack of industrial land and base. The proposed change would
double the available industrial land. It would increase the tax base at minimal cost. There is a
precedent for industrial use on High Ridge Road. Mr. Karageorge agreed with staffs
recommendation and urged the Commission to grant the request.
No one else coming forward, Mayor Taylor closed the public hearing.
Attorney Cherof read Proposed Ordinance No. 09-009 by title only on first reading.
Motion
Commissioner Ross moved to approve Proposed Ordinance 09-009. Commissioner Hay
seconded the motion. The motion passed unanimously.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-010 by title only on first reading.
14
XII. - LEGAL
CITY OF BOYNTON BEACH DEVELOPMENT
ITEM A.S
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 A riI2], 2009 0 June] 6, 2009
0 5,2009 t8I 7,2009
0 ]9,2009 0 Jul 2],2009 Jul
0 June 2, 2009 0 Au ust 4, 2009 Ju]
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda t8I Legal
0 Code Compliance & Lel!a] Settlements 0 Unfinished Business
0 Public Hearinl! 0
RECOMMENDATION: Please place this tabled item on the July 7,2009 City Commission agenda under Legal,
Ordinances - Second Reading. This item was tabled for a second time at the June 16th meeting, again in connection with the
further tabling of the other items in this large-scale amendment cycle (e.g. Sam's Club and Northstar). On January 20,2009,
the City Commission approved this item (including First Reading of the Ordinance) with the corresponding Land Use
Amendment which was transmitted to the Department of Community Affairs (DCA). The State's review is completed and the
ordinances have been prepared for adoption. Please note that the size of the subject property has been reduced from 2: 18.44
acres to 2:13.66 acres. The extracted portion is being left in the current land use classification, Medium Density Residential,
and is currently the subject of a rezoning and site plan application for a charter school. An additional 2:0.56 acres was
conveyed to the Palm Beach County for the right-of-way for High Ridge Road. For further details pertaining to this request,
see attached Department Memorandum No. 08-093.
EXPLANATION:
PROJECT: New Urban High Ridge (LUAR 09-001)
AGENT: Timothy L. Hernandez
OWNERS: New Urban High Ridge, LLC
LOCATION: Northwest corner of High Ridge Road and Miner Road
DESCRIPTION: Request to rezone from Planned Unit Development (PUD) to M-l, Industrial.
PROGRAM IMP ACT:
FISCAL IMP ACT: ~.~
ALTERNATIVES:
Development Depa Ity anager sIgnature
Assistant to City Manager ~
P anniIig and Zo irector City Attorney / Finance
S:\P]anningISHAREDI WP\PROJEC \High Ridge- New Urban CommunitieslLUAR 09-00] \Agenda Item Request High Ridge LUAR 09-00] rezone 7-7-
09.doc
S:\BULLETINIFORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 08-093
TO: Chair and rv1:;mJ~r5
Planning and Development Board
FROrVJ: Hanna fv'latras -
Senior Planner
i
J' ..-"
>, I
THROUGH: Michael W. Rumpf.-'
Director of Planning and Zoning
DATE: November 10, 2008
PROJeCT NAME/NUMBER: New Urban High Ridge/LUAP, 09-001
REQUEST: Request to amend the Future Land Use Designation from
Medium Density Residential (with a maximum density of 9.68
dwelling units per acre) to Industrial (with a maximum FAP
0.50) and rezone from Planned Unit Development (PUD) to M-l
Industrial Dlstrict.
PROJECT DESCRIPTION
Property Owner: New Urban High Ridge LLC
Applicant/ Agent: New Urban High RidgejTimothy L. Hernande:
Location: Northwest corner of High Ridge Road and Miner Road (Exhibit
"A'r)
Parcel Size: :i18.44 acres
Existing Land Use: Medium Density Residential (MeDR, 9.68 du/acl
Existing Zoning: PUD, Planned Unit Development
Proposed Land Use: Industrial (max F.A.R. of 0.50)
Proposed Zoning: M-1 Industrial District
Proposed Use: Industrial
File Number: LUAR 09-001
New Urban High Ridge
Adjacent Uses:
North: Single family homes in unincorporated Palm Beach County,
designated LR-2 Low Density Residential (2 du/acre) and
zoned RS Single Family Residential.
South: The right-of-way of Miner Road, then developed property
(flex space warehouse of High Ridge Commerce Center)
designated Industrial (I) and zoned M-l Industrial; to the
southwest, undeveloped property within unincorporated Palm
Beach County designated Industrial (1ND) and zoned Single
Family Residential (RS).
East: The right-of-way of High Ridge Road, then, to the northeast,
Cedar Ridge Estates with single family homes and
townhomes (townhomes built at 8.04 du/acre), designated
Low Density Residential (LDR) and zoned Planned Unit
Development (PUD). To the southwest, Cedar Ridge and
High Ridge Commerce Park, developed properties designated
Industrial (I) and zoned Planned Industrial Development
(PID).
West: To the west, undeveloped property (High Ridge Country
Club) designated Low Density Residential (LDR) and zoned
R1AA Single Family Residential.
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The request is consistent with the relevant policies in the Compreher:1sive Plan that
encourage rezoning to industrial uses as well as with the recommendations of the 2006
"Analysis of the M-1 Zoning District" report.
2. The proposed amendment is of great benefit to the City given the acute shortage of
industrial land. Industrial uses diversify the economy and create jobs, lessening impacts
of economic downturns.
3. The proposed amendment would not create additional impacr..s on infrastructure that
cannot be accommodated within existing capacities.
4. The potential negative impacts on the surrounding residential neighborhoods can be
minimized through adequate screening and buffering and the project's design.
PROJECT BACKGROUND
The property was annexed to the City in May 2005 and approved for Medium Density
Residential land use, allowing a maximum density of 9.68 dweliing units per acre. As Der the
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i=iie r~'JmDe:-' _,j,bJ' 09-0(11
New Urban Hior Fiooe
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concurrently aoproved master pian and the site pian approvec !r Se:JtemDer .s, th -= :; .-,~":
included 174 for-sale residential units - 43 singie family '-Iomes and ~2b ":Jwnhorr!,::
Docpmbpr l006 '-ho :Jroporty' ownor Now Ur~ an Hiah Pido~ ! · ,- ::JO"ai~,y - -j-- :J-r
-- -- __I...... ! L.... I -- .....,........ U II i -,' " __t:: <-~'-f L I L ! !.......\..... c: :) L":. ' Id;
extension of 1 year for the project. At that time, the delay in securing perni:s Vv3S caU5::::
utility problems and prolonged ilegotiatior:s wltr t'l': I-'al::, Beacr :::oun:\ regarding
landscaping within the right-oF-way of High Ridge P,oad - issues unreiatec to h= state 0;
residential market, which, however, softened considerablv, T'-1:: recent ana!I,'S!S of th'::
residential sales indicate that the townhome market reached Its peaf: in, :WC:, \'vnii::: :1':: :;:'>-
family home prices peaked in 2006. By the end of 2007, :::s the market contlnuec :c \'Jcyser -.
developer requested a major site plan modification.. The modification, aODrov~d if" C>::ce"n::-j"~
2007, eiimir,at'2d the townhomes and proposed 110 singl'2-~amilv hom"::s, -:::o'J::ing th::: I';d
numbe~ or uni5 by 64.
In the first half of 2008, the sales prices in the City were off from their p:=:aks Dy over 400/c
single-family homes and 27% for townhomes. The number of foreclosures nas been riSing
moreover, the tightening of the credit markets escalated in the tnird auarter or 20GE:
substantially reducing access to mortgage loans.
Given the current environment and the low likelihood for its significant improvement during at
least the next twelve months, the project as approved is not financially feasible.
GENERAL POLICY COI\!SIDERATIOI\!S
The residential market boom left the City with a scarcity of industrially-zoned land. Tn~
rezonings from industrial and commercial districr..s for residential uses started in the year :?OOO
with an approval of a residential development in the Quantum Industrial Park. Since then, sam.:::
135 acres have lost their industrial designation, not including Quantum, which retained 15
Planned Industrial Development zoning designation even though a large percentage of lIS
acreage has been converted to uses other than industrial.
The loss of industrial land has occurred simultaneouslY within unincorporated Palm Beach
County and most of its other municipalities. This trend's negative impact on the loca! economies
in terms of future jobs, availability of services and tax bases has been recognized by tne
county's Intergovernmental Plan Amendment Review Committee (IPARC) and documented ir,
the report produced by the IPARC-hired consultants in 2007. In addition, the consultants
created a second report, which include a zoning toolkit for modern light industrial districts.
Michele Meligren and Associates, Inc., provided a review of the City's NJ-l zoning district in
2006. Likewise, the study noted the potential negative effecr.s of the continuous overall deCline
in the amount of industrial land in Boynton Beach and found the current fVl-l regulations
unaccommodating w the changing market trends. The report stated: "Industrial lands ar-e
valuable to a municipality based on benefits of stability and diversity, cost of public services and
employment resources". The general recommendation was that the City shouid preserve and
expand industrial land when appropriate in order to enhance economic viabiiitv,
~ROJECT ANAL YS!S
The parcels which are the subject of this iand use amendment tOtal 18A4 acres; therefore, me:
proposed land use change aualifies as a iarg,::-s:aie amenament oursuant w ':haoter lE:? =::;
File Number: LUAR 09-001
New Urban High Ridge
Following advisory board review and the City Commission public hearing, a "large-scale"
amendment is transmitted to the Florida Department of Community Affairs (DCA) for review for
compliance with the state, regional and local comprehensive plans prior to adoption. Following
the review period of approximately 60 days, DCA provides the City with a report of their
findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has
60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with
changes in response to the ORC report, or (3) determine not to adopt the amendment and
inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale
amendments may only be adopted during two amendment cycles each calendar year. This
amendment request is a part of the 1st round of amendments for the 2009 calendar year.
This proposed amendment is being reviewed for transmittal to the DCA. After transmittal and
review by the DCA, the proposed amendment will be scheduled for adoption, tentatively in May
2009.
Review Based on Criteria
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a S"lilff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive plan
policies including but not limited to/ a proNbition against any increase in dwelling unit
density exceeding 50 in the hurricane evacuation zone without written approval of the Palm
Beach County Emergency Planning Division and the Citys risk manager. The planning
department shall also recommend limitations or requirements/ which would have to be
imposed on subsequent development of the prope~ in order to comply with policies
contained in the comprehensive plan.
The proposed rezoning is generally compatible with the Comprehensive Plan policies.
Specifically, Policies 1.4.2 and 1.17.1 of the Land Use Element read:
" Areas adjacent to industrially-designated lands shall be considered for
redesignation to industrial use if adequate lot consolidation to prevent piecemeal
encroachment into adjacent neighborhoods is available provided that adequate
screening and buffering is provided. N (1.4.2)
" The City shall continue to attract a mix of high value industriat commercial and
residential development that will strengthen the tax base and generate
employment opportunities for residents without affecting the City's
neighborhoods and community character. r/ (1.17.1)
Given the acute shortage of developable industrial land in the City, the amendment is beneficial
as it would contribute to a much needed diversification of the economy and create employment
opportunities. It would also strengthen the tax base, and at the same time lower the future
claims on City's revenues by replacing residential use with one that generates lower demand for
Cit{s services. These arguments need to be weighted against potential land use conflicts with
adjacent residential neighborhoods.
<;
:=ile Number: _uAP 09-001
New Urbar Hign P-idge
The proposed amendment runs against the ~:::commendations of tne High Ridg9 /\oad Com'::;,)
Study, published by Palm Beach County in 1997, The study has not been adoptee bu::
intended for local governments 2S an informationai item to De considered at the ::imc~
annexation and lor development approval ror a ny of the reviewed sites. The oDJeo.:iv2s Je
swdy include maintaining the predominantly r:::sidemial character or the area, keeping denslti"'-
and housing types in new residential Drojects consistent with those in .:::xistinl; dev.:::loDm:::r"
and limiting access and traffic on High Pjdge Road (the subjec property' ;::; iocated II '-'-,
southernmost vicinity of the study, Area 3, and is r:::rerred te> as Tract 6!.
In terms or compatibility, the original master pian ror a medium density residential developm::n~
would have constituted a better transition between residential L!ses to the west, north an::
northeast and the industrial uses south and south e2st of the property. Ther::: are c1eam
compatibility issues when industrial uses abut residential neighborhoods. Most 1Vj-1 distric-:.::: "
the city are adjacent to and, to some degree, impact residential areas. However, i::SI
underscored in the arorementioned M-1 study, light industrial and residential l.!ses can coe>::;"
with proper regulations in place. The intend:::d cod::: amendments will implement the stud\
recommendations by addressing such issues as incompatibility with adequate separatior:
screening and buffering, and traffic impacts. For the proposed project, adequate screening ane
buffering would be sought in the ultimate sit::: plan to minlmiz::: the project's impact on adjac::n:
residential neighborhoods to the west, north and north-east of subject property. Mitigatior 0"
impacts through the appropriate design will also be addressed at that time.
Currently, the code includes enhanced buffer requirements ror separation or potential",
incompatible uses and zoning district...s. The minimum required iandscape buffer between
industrial and residential zoning districts must be 15 reet wide (as opposed to :2 '.'2 feet for <=
standard buffer). Moreover, the code contains general exterior design guidelines for buildings
located on High Ridge Road: industrial buildings must be designed "in such a manner so as 1:(>
disguise their typical warehouse appearance" and overhead doors cannot be iocated or 2
building fas:ade. Staff opines that these requirements would significantly diminish the projec::'.:-,
visual impacts on residential neighborhoods.
The buffering standards required between incompatible uses and zoning district...s are b:::ing
revised as part of the rewrite of the Land Development Regulations and will be consideraDI\
enhanced. Specifically, the draft regulations distinguish between a "buffer" and a "barrier" tn::
latter designed to give staff the strongest and most flexible tool to address negative v!sua
impacts. The barrier will include "a continuous, solid, opaque visual screen or at least (6) feet Ii
height comprised or a variety or densely planted trees, hedges and shrubs, in combination with
an optional buffer wall and/or berm". Given the time rrame ror the processing of the proposeo
amendment, it is likely the new Land Development Regulations will be used to review th::: Sit':'
plan for the project.
b. Whether the Droposed rezoning would be contrary to the established land use Dattern.' 0
would create an Isolated district unrelated to adjacent and nearbJ distriC"s., or WOUld
constitute a grant of special privilege to an individual propert)' owner as contrasted with the
protection of the public welfare.
The proposed rezoning will not be contrary to the established land use pattern! will not create
an isolated district, nor will it constitute a grant or special privilege to the owne~, Th::: proDelt;:::;
to the south and south-east of the subject Droperty hav::: been develoD:::d ror indL.!stria! uses
File Number: LUAR 09-001
New Urban High Ridge
c. Whether changed or changing conditions make the proposed rezoning desirable.
As explained in the Background section above, there have been changes that make the
proposed land use amendment and zoning desirable. The overbuilding in the housing sector
produced a large vacant housing inventory which will likely take a long time for the market to
absorb. The population growth has been flat for the last two years (the City actually lost a small
number of residents in 2007 and 2008) and there is uncertainty regarding the future growth.
The housing boom and multiple rezonings from industrial and commercial to residential land
uses have left the city with a severe shortage of industrial land. Redesignation to industrial use
is beneficial for the City as the ongoing recession underscores the need for economic
diversification and job creation.
d. Whether the proposed use would be compatible with utility systems, roadways, and other
public facilities.
Traffic
The applicant has provided a long-term transportation analysis for the proposed amendment, as
well as the concurrency traffic impact analysis. The transportation analysis includes the analysis
of the existing conditions and traffic conditions for years 2013 and 2025. It compares potential
traffic impacts generated by the current Medium Density land use (9.68 dwelling units per acre)
with impacts that would be generated by the maximum intensity of the proposed Industrial use,
at a FAR of 0.50. The results indicate that, if the site were developed with a F.A.R. of 0.50, the
development would generate 1,274 net new daily trips, 250 net new AM Peak Hour trips, and
259 net new PM Peak Hour trips. This additional daily traffic volume on High Ridge Road
between Gateway Boulevard and Hypoluxo Road would bring the volume-to-capacity ratios on
the three High Ridge links (Gateway Boulevard to Miner Road, Miner Road to site, and site to
Hypoluxo Road) within 0.44 - 0.46 range, still below one-half of the capacity for the adopted
Level of Service D for a two-lane road. The 2025 projected daily traffic volume-to-capacity ratios
for High Ridge Road between Gateway Boulevard and Hypoluxo Road do not exceed 0.54. The
ratios indicate that, in the long run, the road would still be operating at the better level of
service "(".
For the 2013 peak hour traffic conditions, the proposed amendment would, at a maximum
F.A.R., produce volume-to-capacity ratios on High Ridge Road of about 0.85. The impacted
intersection analysis for 2013 shows that the Hypoluxo Road / High Ridge Road and Miner Road
/ High Ridge Road intersections are projected to meet standards, although the AM Peak Hour
volume for Hypoluxo Road and High Ridge Road are near capacity.
As stated, the above analysis assumes that the property would be developed at the maximum
permitted F.A.R. of 0.50. However, given the site requirements such as parking, drainage and
landscaping with the enhanced screening and buffering, the F.A.R. is likely to be in the 3.0 - 3.5
range. The industrial parcel located south of the subject property and currently developed with
two flex-space buildings has an approved F.A.R. of 0.3. For the F.A.R. of 0.35, the impacts would
be reduced by about 60% for the daily volume and 40% for the peak hours traffic. This level on
intensity would increase the daily traffic volume on the High Ridge Road by approximately 5%.
6
~ii,:: r~umb:::~' ,--iJ.I\P 09-001
N:::vv' 'Jrbar High Ridg~
There has been a rec::nt reduction In tiaffic './o!:.Jm~ gro\-^v'th :>ates Il'IDS"C 07 ::l~'::: nJao\/v'':'
potentially impacted by the proposed amendment. Between 2005 and 2008. tn", Vo!urnc::x
High Ridge Road between Hypoluxo Road ant fvliner P,oae decilnec bV _
Finally, the trip generation 2ssociated with th~ new amendrr':::n: rr,av a!so D"::OW::=i i" ::;::w"
employees use public transit The iii-Rail station is iocated aPDroximatelv "Jii<:, from t~'-
subject site; a bus stop is located nearb)' or High Pcidge Roae
Potable Water and Sewer
The demand ror potable water and sewer will again be compared using the maximum d:::ns!:::\
and intensity or the existing and proposed land use.
Warer DE!mand
I Land Use I Generation RatE I Total GPO
Current: MDR (9.68 dwjacre=178 d.u. '452 'sD per d.c 80,JS6'
--_.._~- ~-~-~_.- ----- -'-- ---~ I
Proposed: lnd LEtria I - 401,62.3 sf 178 per 1000 sf , 71, 489
!Change I -8,967
Potable Water Facilities
Water Plant Capacity* (peak day) 27,000,000
Committe::J capa:ity (a:tualflow + reserved capacity, peak day)1 23,622,289
Remaining capadty 3,377,711
SFVvMD permitte::J with:lrawals (average day) 21,490,000
Contracte::J amourt to p,Jrchase from County 5,000,000
Expiration date of water use permit , August 14, 2010,
"'Include; 5,000,000 contracted to purchase for Palm Bea::h County
Sewer Demand
I I Land Use Generation RatE ITotal GPO
Current: MDR (9.68 dw!acre=178 d.u~ ,776 GPD per d.u ! 40.=281
.. ...-------'------ -~.... -/ ----6i85s1
Proposed: IndLEtrial - 401,62.3 sf i 159 Der 1000 sf
!Change I 23,630 i
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Sanitary Sewer Facilities
Sewer Treatment Capacity :4 M:JD
--
Committe::J or allocatro cap:tcity (MGD) 18.56
Available capa:ity (MGD) -., """'-
Water d~mand for industrial uses can differ considerably among various uses. The gallons-c)::
day per 1,000 square reet rates ror water and sewer 2S utilized ir the 'Lables above assum'::
average demand for a f1::=x space-type industria! Droject. As shown, under the maximum Intensi;:.\
assumption, the proposed amendment would result in a lower incre2s:: In daii\. wat::=.- demanc
but increas::= in sewer demand would be higher. If, as discussed ir, tn:: T,affic se:I1or aDOV':: 'J
square footage is adjusted to a low::=r and more probable :: )."F'" tn", Dr01ec::ec sewe- oenieJr ~
would approxirrlate the demand under tne curren- ianc: '-'5':: witr: ar :Oller Jr"Ca::e' ;]:::7",25
File Number: LUAR 09-001
New Urban High Ridge
the projected water demand. Under either scena rio, the City has unreserved capacity to serve
the projected raise in demands.
The demand calculations assume the average of 2.26 persons per dwelling unit, which is the
city's average household size.
Soiid Waste
The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's municipalities throughout the 10-year planning period.
Drailiaae
Drainage will also be reviewed in detail as part of the site plan approval process, and must
satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties/ or would affect the property values of
adjacent or nearby properties.
The proposed rezoning will be reasonably compatible with the current and future use of
adjacent and nearby properties, and should have no impact on the property values of adjacent
and nearby properties. As discussed above, potential land use conflicts would be mitigated by
application of the relevant Land Development Regulations during the site plan stage.
f. Whether the property is physically and economically developable under the existing
zoning.
There are no physical constraints to the development of the subject property under the existing
zoning, but the development would be economically unfeasible.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The proposed amendment would be beneficial to the city (see sections "a" and "c"), and, since
it would provide employment opportunities, is also reasonably related to the needs of the
neighborhood. The amendment may be considered consistent with the ongoing shift in
paradigm in land use planning, whereby it depar+..s from a traditional separation of uses, and
supports compact, mixed-use patterns, allowing places for people to live, work and play to be in
close proximity of one-another and thus promoting resource conservation and sustainable
communities.
Lastly, the subject lot size and the site plan regulations would not accommodate more intensive
industrial uses permitted in the M-l district; the ultimate project would likely be similar to the
other flex-space project..s in the area.
h. Whether there are adequate sites elsewhere in the city for the proposed use/ in
districts where such use is alreadval/owed.
The City has an acute shortage of vacant industrial land. As per the vacant land inventory
submitted with the EAR-based amendments, the City has only 15 vacant industrial parcels, of
which merely 8 were 1 acre or larger in size. Not onl)1 is there little vacant land zoned M-l, but
the areas with C-4 zoning, which allows marginal commercial uses, are also scarce.
5
:=il,,:: Numo,,::-: L-~l\P 09-001
N'2W Urban Hiar: P,idoe
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CONCLUSIONS I RECOMMENDA TIONS
The request is consistent with the rei'2vant polici'2s in the ComDr'2hensiv:; P;ar that encourcg':
rezoning to industrial uses as wel! as with tl'2 "l\nalvs!s of tne Iv]- J 20ning )istrict" -eDcr-'
Industria! uses diversify the city's ec:onomy and Geate jOJs. It has aiso beer established tha
the proposed amendment would not create additional imDacts on infr2structure that canna: 'j~
accommodated within existing capacities. Lastly, staff concluded that the :Jotential negaI'v,-
impacr...s on the surrounding residential neignborhoods can be minimized 1:hrough adeq-latc
screening and buffering and the project's design. Therefore! s'Lar, recommends tr-,a: the subie:::
request be approved.
AITACHMENTS
S:\Plannlng\SHAREO\WP\PROJECTS\Hlgh R10ge-- New Uman Communitle:S\LUAJ' OC;-OOl\STAF~ REPORT Hlgf"1 RtdQf.:: Inn.QO:
NEW URBAN HIGH RIDGE EXHIBIT "A"
LOCATION MAP
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_ LOR - Low Density Residential '^ "'1? ~ E
~ . MeDR- Medium Density Residen".' ~
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PPGI . F"ubiic 8. P~ivate Gove~nmental/institutional 270 135 0 270 540 810 1,080
DRI - Development of Regional impact ~--- I Fee!
""III' - City Bouncal'"l'
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I ORDINANCE NO. 09- 010
1. I
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF NEW URBAN HIGH RIDGE,
6 AMENDING ORDINANCE 02-013 TO REZONE A
7 PARCEL OF LAND LOCATED ON THE
8 NORTHWEST CORNER OF HIGH RIDGE ROAD
9 AND MINER ROAD, AS MORE FULLY
10 DESCRIBED HEREIN, FROM PLANNED UNIT
11 DEVELOPMENT (PVD) TO M-l INDVSTRIAL
12 DISTRICT; PROVIDING FOR CONFLICTS,
13 SEVERABILITY, AND AN EFFECTIVE DATE.
14
15 \VHEREAS, the City Commission of the City of Boynton Beach. Florida has
16 adopted Ordinance No. 02-013. in which a Revised Zoning Map \vas adopted for said ( 11\.
II
17 and
18 WHEREAS, New Urban High Ridge LLC., owner (.1' the property located em the
19 northwest corner of High Ridge Road and Miner Road in Boynton Beach. Florida. as more
20 particularly described herein. has filed a Petition. through its agent. Timothy L. Hernandez.
21 pursuant to Section 9 of Appendix A-Zoning. of the Code of Ordinances. City of Boynton
22 Beach. Florida, for the purpose of rezoning a parcel of land. said land being more particularly
23 described hereinafter, from Planned Unit Development (PUD) to M-l Industrial District: and
24 WHEREAS, the City Commission conducted a public hearing and heard testlmOn)
25 and received evidence which the Commission finds supports a rezoning for the rroperty
26 hereinafter described~ and
27 WHEREAS. the City C()mmission finds that the proposed rezoning is consistent with
28 i I an amendment to the Land Use which was contemporaneously considered and approved at
29 the public hearing heretofore referenced: and
30 WHEREAS, the City Commission deems it in the best interests of the inhabitants ()f
S \CA \()rdlllanceSlPlannll1g\Rezonmg\Ruonmg -Nc\\ \ ,rhan H,gh R IdgcI2nd read I dll,
1 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
3 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
4 Section 1. The foregoing Whereas clauses are true and correct and incorporated
5 herein by this reference.
6 Section 2. The following described land located on the Northwest comer of High
7 Ridge Road and Miner Road in Boynton Beach, Florida, as set forth as follows:
8
9 See Legal Description attached as Exhibit "A"
10
11 CONT AINING APPROX. 13.66 ACRES OF LAND.
12
13 Subject to easements, restrictions, reservations, covenants and
14 rights-of-way of record.
15
16 be and the same is hereby rezoned from Planned Unit Development (PUD) to M-l Zoning
17 District. A location map is attached hereto as Exhibit "B" and made a part of this Ordinance
18 by reference.
19 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
20 accordingly.
21 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
22 repealed.
23 Section 5. Should any section or provision of this Ordinance or any portion thereof
24 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
25 the remainder of this Ordinance.
26 Section 6. This ordinance shall become effective immediately upon passage.
27 FIRST READING this _ day of ,2009.
SICAIOrdinances\Planning\Rezonin~Rezoning-New Urban High Ridge(2nd read) doc
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1 I SECOND. FINAL READING and PASSAGE this day of "I.I\U
~'_)\I '
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2 CITY OF BOYNTON BEACl-L FLORIDA
3
4
- ._--'--~.'-- -- ~---"-
5 ivlayor -- Jerry Taylor
6
7
8 Vice Mayor - Vv'oodrow L. Hay
9
10
11 Commissioner - Ronald Weiland
12
13
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14 Commissioner - Jose Rodriguez
15
16 - ._._~
17 ATTEST: Commissioner - Marlene Ross
1 R
- - I I
19
20 Janet M. Prainito, CMC
21 City Clerk
22
23
24 (Corporate Seal)
I'
S \CA\OrdJnances\Plannin~Rezonm~Rezontng -New Urban High Ridge! 2nd read I.doe
I
I
i
EXHIBIT "A"
BALANCE OF THE HIGH RIDGE PUD RECORD PLAT
(LESS THE IMAGINE CHARTER SCHOOL AT BOYNTON BEACH)
LEGAL DESCRIPTION
All of HIGH RIDGE PUD Record Plat, as recorded in Plat Book I09, Pages 90 - 93 inclusive,
according to the Public Records of Palm Beach County, Florida, LESS the following described
parcel:
BEGIN at the Northwest corner of said "High Ridge PUD Record Plat;
Thence.North 88035' 59" East, along the North line of said Plat, a distance of 471.46 feet;
Thence South 01050' 29" West, along the East line of said Plat, a distance of 400.00 feet;
Thence North 88009' 31" West, a distance of 475.09 feet;
Thence North 0 1 0 09' 29" East, along the West line of said Plat, a distance of 242. 76 feet;
Thence North 050 02' 00" East, along the said West line, a distance of 130.80 feet to the POINT
OF BEGINNING.
Said lands situate, lying and being in Palm Beach County, Florida, containing 183,899 square
feet (4.2217 acres), more or less.
Meeting Minutes
Regular City Commission
Boynton Beach, FL January 20, 2009
Motion
Commissioner Ross moved to approve Proposed Ordinance No. 09-007. Commissioner Hay
seconded the motion.
llm
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-008 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-008. Commissioner Ross
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
C. Project: New Urban High Ridge (LUAR 09-001)
Agent: Timothy L. Hernandez
Owner: New Urban High Ridge, LLC
Location: Northwest corner of High Ridge Road and Miner Road
Description: Request to amend the Comprehensive Plan Future Land Use Map
classification on :1::18.44 acres of land from Medium Density
Residential to Industrial; (Jst Reading Proposed Ordinance
No. 09-009)
Request to rezone from Planned Unit Development (PUD) to M-1,
Industrial. (Jst Reading Proposed Ordinance No. O9-oJO)
Ms. Matras reviewed the request to amend the land use from medium density residential to
industrial with maximum FAR of 0.5 and rezone to M-1 Industrial district. The parcel includes
18.44 acres. It was annexed to the City in May, 2005 originally proposed with single family
homes and townhomes. There was modification to only single family homes. The project has
been the victim of the real estate downturn and currently not feasible. Staff recommended
approval as it met all the necessary criteria as outlined in the staff report.
Timothy Hernandez, agent for the applicant was present. Vice Mayor Rodriguez inquired about
the plans for the area. Mr. Hernandez responded it would be upscale, flexible, industrial type
space similar to the industrial use to the east and south of the project.
Danny UndelWood, 28 Maplewood Court, Cedar Ridge Estates, reluctantly agreed with the
request. He would have preferred a residential development. His main concern was the access
to the property at the entrance to Cedar Ridge Estates where many children wait for school
13
Meeting Minutes
Regular City Commission
Boynton Beach, FL January 20, 2009
buses. Large trucks would be a safety concern unless another entrance was utilized. Miner
Road had a truck restriction. Mr. Underwood wanted to see a site plan with the landscaping
plans to assure the real estate values are protected. Mayor Taylor advised it would be the
Commission's responsibility to make sure it is adequately buffered and landscaped.
Chris Rapp, 3 Oakwood Court, Cedar Ridge Estates, thanked Commissioner Ross for discussing
the proposed changes with him. His research revealed the change was based on the City's
desire to have more industrial property for a greater tax base. He was aware of the City's
possible desire to consolidate the Public Works facility to the site. He was concerned with the
proximity of his property to the storage of City owned dumpsters; recycle bins, garbage cans
and trucks, other City vehicles and Public Works project stock such as drain pipes and water
pipes. There would also be a repair facility for City vehicles and offices for staff. Mr. Rapp was
also concerned with the movement of garbage trucks in the early morning hours, the odors of
garbage, pests and rodents. The City's use of the property would not generate any tax
revenue. He urged the Commission to consider other uses for the property that promote the
quality of life on High Ridge Road as it is. This unique area with hills, mango trees and a small
two lane road make it a desirable area. He suggested the industrial area extend only as far
north as the industrial property on the east side of High Ridge Road.
Mark Karageorge, 240A Main Boulevard, remarked the American Assembly made a
recommendation concerning the lack of industrial land and base. The proposed change would
double the available industrial land. It would increase the tax base at minimal cost. There is a
precedent for industrial use on High Ridge Road. Mr. Karageorge agreed with staff's
recommendation and urged the Commission to grant the request.
No one else coming forward, Mayor Taylor closed the public hearing.
Attorney Cherof read Proposed Ordinance No. 09-009 by title only on first reading.
Motion
Commissioner Ross moved to approve Proposed Ordinance 09-009. Commissioner Hay
seconded the motion. The motion passed unanimously.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-010 by title only on first reading.
14
Meeting Minutes
Regular City Commission
Boynton Beach / FL January 20, 2009
.-....
Motion
Commissioner Hay moved to approve Proposed Ordinance 09-010. Commissioner Ross
seconded the motion. The motion passed unanimously.
~
City Clerk Prainito called the roll. The vote was 5-0.
D. Project: Habitat for Humanity (ABAN 09-001)
Agent: Peter Blacklock of Ruden, McClosky
Owner: City of Boynton Beach
Location: West of the FEC Railroad right-of-way, north of NE 11th Avenue
Description: Request for abandonment of an unimproved portion of Railroad
Avenue approximately 15 feet wide and 45 feet long, located west
of the FEC Railroad right-of-way and approximately 50 feet south
of NE 12th Avenue, in connection with the plan to build infill
single-family housing. (Jst Reading Proposed Ordinance No.
09-0JJ)
Attorney Cherof read Proposed Ordinance No. 09-011 by title only on first reading.
Kathleen Zeitler, Planner, reviewed the request and noted when staff reviewed the request it
was determined that Railroad Avenue fell within the FEC Railroad right-of-way. A map was
received from the FEC Railroad that confirmed staff's determination. The City would only be
abandoning their interest in the subject property with access from a road right-of-way from NE
11 th Avenue. The applicant agreed to proceed with the request because the additional property
was needed for the proposed development. Staff recommended approval.
Motion
Commissioner Weiland moved to approve Proposed Ordinance No. 09-011. Commissioner Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
E. Project: Harbor Cay (SPTE 08-007)
Agent: Sid E. von Rospeunt
Owner: Harbor Cay, LLC
Location: East side of North Federal Highway, approximately 160 feet north
of Gateway Blvd.
Description: Request for a second one (1) year time extension of the site plan
(NWSP 06-011) approved on May 2, 2006, thereby further
15
XII. - LEGAL
CITY OF BOYNTON BEACH DEVELOPMENT
AGENDA ITEM REQUEST FORM ITEM A.9
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to Citv Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 A ril 21, 2009 0 June 16, 2009
0 Ma 5, 2009 IZI Jul 7,2009
0 Ma 19,2009 0 Jul 21,2009 Jul
0 June 2, 2009 0 Au ust 4, 2009 Jul
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda IZI Lel!al
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this tabled request on the July 7, 2009 City Commission Agenda under
Legal, Ordinances - Second Reading. The City Commission tabled this request for a second time, again with the purpose of
timing the concurrent processing with the corresponding annexation item (e.g. Sam's Club and Northstar), and to allow
further time to resolve issues raised by the adjacent property owner. The Commissioners on June 2nd approved.this request
under Public Hearing and Legal, Ordinances - First Reading. For further details pertaining to this request, see attached
Department Memorandum No. 09-018 and the attached ordinance.
EXPLANATION:
PROJECT: Planned Commercial Development (PCD) Setbacks -
Accessory Fuel Pumps (CDRV 09-003)
AGENT: City-initiated
DESCRIPTION: Request for interim amendments to the Land Development Regulations, Chapter 2,
Zoning to create a waiver process for minimum setbacks associated with ancillary fueling
centers with Planned Connnercial Development (PCD) zoning districts annexed into the
city.
PROGRAM IMP ACT: N/A
FISCAL IMPACT: N/A ~~-
ALTERNATIVES: N/A
City Manager's Signature
Assistant to City Manager ~
~~~-/0k
Planning and Zoning Director City Attorney / Finance
S:\Planning\SHAREDlWP\SPECPROJ\CODE REVIEw\CDRV 09-003 & CDRV 09-0041CDRV 09-003 PCD Setbacks Accessory Fuel Pumpfs 2nd
reading 7-7-09.doc
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM,DOC
DEPARTMENT OF DEVELOPMENT
PLANNING A.ND ZONING
Memorandum PZ 09-018
TO: Chair and Members
Planning & Develo~l:l:f;;:aId
THROUGH: Michael W. Rumpf V
Director of Planning "'arid Zoning
FROM: Ed Breese ~
Principal Planner
DATE: April 6, 2009
RE: Interim Amendments to the Land Development Regulations
Planned Commercial District Setbacks - Accessory Fuel Pumps (CDRV 09-003l
Funeral Home with Cemetery (CDRV 09-004)
NATURE OF REQUEST
Pursuant to the format established by the City Commission, staff forvvards those portions of the
Land Development Regulations (LDR) currently under review, as an incremental step to
updating the zoning regulations. In a few circumstances, staff has forvvarded recommended
revisions to the LDR for immediate implementation. The most recent example of such interim
amendments involved the temporary display of banners for promotion of existing businesses.
These two subject amendments address the characteristics and operations associated with
properties undergoing annexation by the City. The amendments are designed to accommodate
current operations and future plans of the Sam's Club and Palm Beach Memorial Park. The two
amendments are summarized as follows; 1) add Cemeteries as accessory to Funeral Homes
within the Community Commercial (C-3) zoning district, on parcels in excess of 10 acres; and 2)
add a waiver process for minimum setbacks associated with ancillary fueling centers within
Planned Commercial Development (PCD) zoning districts annexed into the City.
BACKGROUND
The current zoning regulations allow Funeral Homes in commercial zoning districts by right.
Funeral Homes with Crematoriums are also allowed in commercial zoning districts, as a
conditional use. A Cemetery, as a principal use, is currently only allowed in the Public Usage
(PU) zoning district; however, the PU district is not intended for a privately-operated cemetery
Staff is recommending the inclusion of cemetery use in the Community Commercial (C-3:<
zoning district, as an ancillary use to a funeral home. The Palm Beach Memorial Park was an
allowable use under Palm Beach County zoning regulations and should continue as such
CORY 09-003/CDRV 09-004
Page 2
following annexation into the City.
As part of the same annexation, the City would incorporate Sam's Club. One component of the
ultimate build-out of the property, according to Sam's Club representatives, is the development
of an accessory fuel center for it's members, similar to warehouse retailers BJ's and Costco.
According to current regulations, Part ill LDR, Chapter 2, Section 11. L., "Commercial
Establishments Engaged In The Retail Sale Of Gasoline Or Gasoline Products" the ancillary
sale of gasoline is allowed in a Planned Commercial Development (PCD) district, but with a
minimum separation of 200 feet between any gas pump island or canopy and the adjacent right-
of-way. Due to the built status of Sam's Club, the proposed pump islands and canopy cannot be
located 200 feet from any right-of-way without interfering with current operations and onsite
circulation. In all other zoning districts in which the sales of gasoline is allowed, the pump island
canopy may be located 20 feet from a right-of-way. The master plan submitted with the
requested annexation, land use and rezoning depicts the canopy approximately 50 feet from the
right-of-way of Seacrest Boulevard. At the time of first reading of the ordinances, staff described
the anticipated modification of the code regulations needed to accommodate the proposed
improvement, and that the requisite amendment would be timed with final approval of the
annexation and rezoning. Therefore, staff is proposing this code amendment, which would create
an opportunity for a waiver request in connection with an annexation. This would allow existing
projects annexed into the City, which cannot fully meet certain development regulations, to seek
a waiver and mitigate any potential impacts.
PROPOSED AMENDMENTS
Existing regulations:
1. Cemeteries as accessory to Funeral Homes.
Currently, the C-l (Office and Professional) zoning district includes Funeral Homes as a
permitted use and as a conditional use when it includes a Crematorium. The corresponding
citations are as following:
. Section 6.A.1.c. - Funeral Homes
. Section 6.A.l.d. - Funeral Homes with Crematorium* (*conditional use)
Note: Any use allowed in the C-l district is allowed in the C-3 district as welL
2. Minimum setbacks for accessory fuel pumps.
Currently, the Supplemental Regulations, Section 11. L. 4.a.( c) outlines the development
standards for "Commercial Establishments Engaged In The Retail Sale Of Gasoline Or Gasoline
Products ", and in particular, the distance the pump island canopy may be from a right-of-way.
The LDR currently reads as follows:
. Section 11. L. 4.a.( 4)( c) - No gasoline pump island or canopy shall be located less than
two hundred (200) feet from any public right-of-way.
CDRV 09-003/CDRV 09-004
Page 3
Proposed regulations:
Staff proposes to amend the regulations governing cemeteries, currently allowed only in the
Public Usage (PU) zoning district and also gasoline dispensing establishments, when proposed as
an ancillary use to a principal use in the Planned Commercial Development (PCD) district in
order to adequately accommodate Sam's Club and the Palm Beach Memorial Park upon their
annexation into the City. The proposed amendments are as follows:
1. Amend the Community Commercial (C-3) district regulations to ADD a new use to be
described as follows:
. Section 6. C. 1.IllI. - Funeral Homes with Cemetery, on parcels in excess of 10 acres:
and,
2. Amend the Supplement Regulations, and in particular, "Commercial Establishments
Engaged In The Retail Sales Of Gasoline Or Gasoline Products" regulations to ADD:
. Section 11. L. 4.a.(4)(e) - Waivers of provisions 4.a. (a) thru (d) above, may be granted
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. The applicant
shall provide justification of the waiver and submit a mitigation plan off-setting the
impact.
RECOMMENDATION
Staff recommends the proposed amendments consistent with the action to annex the subject
parcels and move forward toward squaring off the City boundary, while preserving the intent and
quality of the City's LDR. As such, staff recommends that the proposed amendments to Land
Development Regulations be approved.
S:\PlanningiSHAREDlWPiSPECPROJ\CODE REVIEw\CDRV 09-003 & CDRV 09-0041CDRV 09-00e.CDRV 09-004 Setbacks, Funeral Home
w Cemetery.doc
I ORDINANCE NO. 09-026
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING LAND DEVELOPMENT
5 REGULA TIONS, CHAPTER 2, SECTION 11,
6 "SUPPLEMENTAL REGULATIONS", SUB-SECTION L
7 "COMMERCIAL ESTABLISHMENTS ENGAGED IN THE
8 RETAIL SALE OF GASOLINE OR GASOLINE
9 PRODUCTS", BY ADDING SUB-SECTION 4. E. TO
10 ALLOW/ADD A WAIVER PROCESS FOR MINIMUM
11 SETBACKS ASSOCIATED WITH ANCILLARY FUELING
12 CENTERS WITHIN PLANNED COMMERCIAL
13 DEVELOPMENT (PCD) ZONING DISTRICTS ANNEXED
14 INTO THE CITY j PROVIDING FOR CONFLICTS,
15 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
16 DATE.
17
18 WHEREAS, Chapter 2, Section 11, "Supplemental Regulations", Sub-Section L. 4.,
19 "Commercial Establishments Engage in the Retail Sale of Gasoline or Gasoline Products" of
20 the current zoning regulations allow the ancillary sale of gasoline in a Planned Commercial
21 Development (PCD) zoning district with a minimum separation of two hundred (200) feet
22 between any gas pump island or canopy and the adjacent right-of-way;
23 WHEREAS, in all other zoning districts in which the sales of gasoline is allowed, the
24 gasoline pump island or canopy may be located twenty (20) feet from a right-of-way; and
25 WHEREAS, staff is recommending a code amendment that would create an
26 opportunity for a waiver request of the two hundred (200) feet setback to the City Commission
27 for existing projects being annexed into the City when such regulation cannot be fully complied
28 with, but the intent of the Land Development Regulations is met; and
29 WHEREAS, the City Commission has considered staff s recommendations and reports,
30 and determines and finds that it would be appropriate to amend the Land Development
31 Regulations to reflect this addition; and
32 WHEREAS, the City Commission finds that the adoption of this ordinance is in the
33 best interest of the health, safety, and welfare of the citizens and residents of the City of
- I -
C:IDocuments and Settings\PrainitoJ\Local SettingslTemporary Internet FileslOLK I 04\Amend LDR CH 2 SEe II (4)(Gasoline).doc
II
II
, II Boynton Beach.
j II
2 I
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
3 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
4 Section 1. The foregoing whereas clauses are true and correct and are no\\ ratified
5 and confirmed by the City Commission.
6 Section 2, Chapter 2, Section II.LA. of the Land Development Regulations of the
7 City of Boynton Beach Code of Ordinances is hereby amended as follows:
8 L. COMMERCIAL ESTABLISHMENTS ENGAGED IN
9 THE RET AIL SALE OF GASOLINE OR GASOLINE
10 PRODUCTS
II * * *
I
12 4. As to all gasoline dispensing establishments that are
13 an ancillary use located or operated in or from an ancillary building
14 or structure within a parcel of land of not less than ten (10) acres
15 within a "Planned Commercial District" (PCD) governed by
16 Section 6.F. of the City of Boynton Beach Zoning Code, and which
17 gasoline dispensing establishment is operated by the person( s) or
18 entity(s) that operates the principal use located on such parcel uf
19 land; and do not meet all of the requirements set forth under
20 I Subsection 3., above, the following shall be applicable:
21 * 'l' *
y) e. Vv'aivers of provisions 4. a. thru d. above,
")~ mav be granted by the Citv Commission for existing
-j
24 proiects annexed into the City, when the regulation cannot
25 be fully complied with. but where the intent of the Lad
26 Development Regulations is met. The application shall
27 provide iustification of the waiver and submit a mitigation
28 plan off-setting the impact.
29
30 Section 3. Each and every other provision of the Land Development Reguiations
31 ! I not herein specifically amended, shall remain in full force and effect as originally adopteJ
~') Section 4. All laws amI ordinances applying to the City of Boynton Beach in
J_
33 conflict with any provisions of this ordinance are hereby repealed.
I
I
I S'\CA\Ordlnal1l'(~s\L[)R Changes'Amend L.DR CI1 ~ \1:.C 1114)IGasl,ll/lel doc
I
)
I
] I Section 5. Should any section or provision of this Ordinance or any portion thereof
2 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
3 remainder of this Ordinance.
4 Section 6. Authority is hereby given to codify this Ordinance
5 Section 7. This ordinance shall become effective immediately.
6 I
7 FIRST READING this _ day of ,2009.
8 SECOND, FINAL READING AND PASSAGE this _ day of ,2009.
9
]0 CITY OF BOYNTON BEACH, FLORIDA
] ]
]2
]3 Mayor - Jerry Taylor
]4
]5
]6 Vice Mayor- Woodrow L. Hay
]7
]8
]9 Commissioner - Ronald Weiland
20
2]
22 Commissioner - Jose Rodriguez
23
24
25 Commissioner - Marlene Ross
26 ATTEST:
27
28
29 Janet M. Prainito, CMC
30 City Clerk
3]
32 (Corporate Seal)
- 3 -
S:ICAIOrdinanceslLOR ChangesV\mend LOR CH 2 SEC I 1 (4)(Gasoline).doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida April 28, 2009
operations and future plans of the Sam's Club and Palm Beach Memorial Park, both of
which are being annexed into the City. The properties are located south of Hypoluxo Road
The first amendment was to add Cemetery as an accessory use in the C-3 Commercial
Zoning District in parcels in excess of 10 acres Palm Beach Memorial Park is being
rezoned to C-3, which allows funeral homes by right. Cemeteries were only allowed in the
public usage zoning district and were not intended for a privately operated Cemetery, oniy
publicly operated ones. Palm Beach Memorial Park was an allowable use under Palm
Beach County zoning regulations and staff recommended that once annexed into the City
they remain an allowable use,
C. Interim Amendment to the Land Development Regulations:
Planned Commercial Development (PCD) Setbacks-Accessory Fuel Pumps
Code Review
1. PROJECT: Planned Commercial Development (PCD)
Setbacks-
Accessory Fuel Pumps (CDRV 09-003)
AGENT: City-initiated
DESCRIPTION: Request for interim amendments to the Land
Development Regulations, Chapter 2, Zoning to
create a waiver process for minimum setbacks
associated with ancillary fueling centers with
Planned Commercial Development (PCD) zoning
districts annexed into the City,
Sam's Club is being incorporated into the City and rezoned to a Planned Commercial
Development (PCD). One component of Sam's Club was to have a fuel center for their
members. Ancillary fueling centers are allowed in the PC D as accessory uses, but there is
a condition the pump island canopy be located a minimum of 200 feet from an adjacent
right of way. In this instance, due to the constructed nature of the site, that cannot be
accommodated without interrupting current operations or traffic circulation. At the time of
the annexation, the master plan showed the canopy 50 feet from Seacrest Boulevard and
staff noted a change to the Code would have to be made to accommodate the proposal.
An amendment would be needed and approved at the time of final approval for the
annexation and the rezoning.
Staff was proposing to allow existing projects into the City that cannot fully meet all the
regulations of the Planned Commercial Districts to seek a waiver and with their best efforts
to mitigate any potential impacts. The applicants would seek a waiver at the City
Commission meetings. In typical zoning districts, pump-island canopies can be 20 feet
from a right of way, and the PCD requires 200 feet and the applicant would request 50 feet.
Staff recommended approval of both of the amendments consistent with the action to
annex the properties and square off the city boundaries without harming the current Land
Development Regulations.
10
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida April 28, 2009
Motion
Ms. Barritt moved approval of interim amendment to the Land Development Regulations,
Chapter 2, Zoning to allow Funeral Homes with Cemetery in the Community Commercial
(C-3) zoning district, on parcels in excess of 10 acres. Mr. Myott seconded the motion that
unanimously passed.
Motion
Ms. Barritt moved to approve an the interim amendments to the land Development
Regulations, Chapter 2, Zoning to create a waiver process for minimum setbacks
associated with ancillary fueling centers with Planned Commercial Development (PCD)
zoning dIstricts annexed into the City. Ms. Grcevic seconded the motion that unanimously
passed.
8. Other
Chair Jaskiewicz reminded the members the Board Appreciation Dinner was May 7, 2009
and members should respond.
9. Comments by members
10. Adjournment
Motion
There being no further business to discuss, the meeting properly adjourned at 8:04 p.m.
. ~
~UJYl~ '
Catherine Cherry
Recording Secretary
042909
11
KII. LEGAL
DEVELOPMENT
CITY OF BOYNTON BEACH ITEM A.I0
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to Citv Clerk's
Dates Office Office
0 A ril21, 2009 0 June 16, 2009
0 Ma 5,2009 [gI Jul 7,2009
0 Ma 19,2009 0 Jul 21,2009 Jul
0 June 2, 2009 0 Au ust 4, 2009 Jul
0 AnnouncernentslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [gI Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this tabled request on the July 7, 2009 City Commission Agenda under
Legal, Ordinances - Second Reading. The City Commission tabled this request for a second time, again with the purpose of
timing the concurrent processing with the corresponding annexation item (e.g. Sam's Club and Northstar), and to allow
further time to resolve issues raised by the adjacent property owner. The Commissioners on June 2nd approved this request
under Public Hearing and Legal, Ordinances - First Reading. For further details pertaining to this request, see attached
Department Memorandum No. 09-018 and the attached ordinance.
EXPLANATION:
PROJECT: Funeral Home with Cemetery (CDRV 09-004)
AGENT: City-initiated
DESCRIPTION: Request for interim amendment to the Land Development Regulations, Chapter 2, Zoning
to allow Funeral Homes with Cemetery in the Community Commercial (C-3) zoning
district, on parcels in excess of 10 acres,
PROGRAM IMP ACT:
FISCAL IMP ACT: ~.
ALTERNATIVES:
.
CIty Manager's Signature
~4(?7~~ Assistant to City Manager ~
Planning and Zoning Director City Attorney I Finance
S:\PlanningISHAREDlWPISPECPROJ\CODE REVIEw\CDRV 09-003 & CDRY 09-0041CDRV 09-004 Funeral Home w Cemetery 2nd read 7-7-09.doc
S:IBULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
CDRV 09-003/CDRV 09-004
Page 2
following annexation into the City.
As part of the same annexation, the City would incorporate Sam's Club. One component of the
ultimate build-out of the property, according to Sam's Club representatives, is the development
of an accessory fuel center for it's members, similar to warehouse retailers BJ's and Costco.
According to current regulations, Part ill LDR, Chapter 2, Section 11. L., "Commercial
Establishments Engaged In The Retail Sale Of Gasoline Or Gasoline Products" the ancillary
sale of gasoline is allowed in a Planned Commercial Development (PCD) district, but with a
minimum separation of 200 feet between any gas pump island or canopy and the adjacent right-
of-way. Due to the built status of Sam's Club, the proposed pump islands and canopy cannot be
located 200 feet from any right-of-way without interfering with current operations and onsite
circulation. In all other zoning districts in which the sales of gasoline is allowed, the pump island
canopy may be located 20 feet from a right-of-way. The master plan submitted with the
requested annexation, land use and rezoning depicts the canopy approximately 50 feet from the
right-of-way ofSeacrest Boulevard. At the time of first reading of the ordinances, staff described
the anticipated modification of the code regulations needed to accommodate the proposed
improvement, and that the requisite amendment would be timed with final approval of the
annexation and rezoning. Therefore, staff is proposing this code amendment, which would create
an opportunity for a waiver request in connection with an annexation. This would allow existing
projects annexed into the City, which cannot fully meet certain development regulations, to seek
a waiver and mitigate any potential impacts.
PROPOSED AMENDMENTS
Existing regulations:
1. Cemeteries as accessory to Funeral Homes.
Currently, the C-l (Office and Professional) zoning district includes Funeral Homes as a
permitted use and as a conditional use when it includes a Crematorium. The corresponding
citations are as following:
. Section 6.A.l.c. - Funeral Homes
. Section 6.A.1.d. - Funeral Homes with Crematorium* (*conditional use)
Note: Any use allowed in the C-l district is allowed in the C-3 district as well.
2. Minimum setbacks for accessory fuel pumps.
Currently, the Supplemental Regulations, Section 11. L. 4.a.(c) outlines the development
standards for "Commercial Establishments Engaged In The Retail Sale Of Gasoline Or Gasoline
Products ", and in particular, the distance the pump island canopy may be from a right-of-way.
The LDR currently reads as follows:
. Section 11. L. 4.a.(4)(c) - No gasoline pump island or canopy shall be located less than
two hundred (200) feet from any public right-of-way.
1 ORDINANCE NO. 09- c;i.-,
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING LAND DEVELOPMENT
5 REGULATIONS, CHAPTER 2, SECTION 6(C) "C-3
6 COMMUNITY COMMERCIAL DISTRICT", BY ADDING
7 SUB-SECTION (C)(I)(HH) TO ALLOW THE INCLUSION
8 OF CEMETERY USE IN THE COMMUNITY
9 COMMERCIAL (C-3) ZONING DISTRICT AS AN
10 ANCILLARY USE TO A FUNERAL HOME ON PARCELS
11 IN EXCESS OF TEN (10) ACRES; PROVIDING FOR
12 CONFLICTS, SEVERABILITY, CODIFICATION AND AN
13 EFFECTIVE DATE.
14
15 WHEREAS, the current zoning regulations allow Funeral Homes in Office and
]6 Professional Commercial (C-I) zoning districts by right; and
17 WHEREAS, Funeral Homes with Crematoriums are allowed in Office and Professional
18 Commercial (C-I) zoning districts, as a conditional use; and
19 WHEREAS, a Cemetery, as a principal use, is currently only allowed in Public Usage
20 (PU) zoning district; and
21 WHEREAS, staff is recommending the inclusion of cemetery use in the Community
22 Commercial (C-3) zoning district, as an ancillary use to a funeral home on parcels in excess of
23 ten (10) acres; and
24 WHEREAS, the City Commission has considered staffs recommendations and reports,
25 and determines and finds that it would be appropriate to amend the Land Development
26 Regulation to reflect this addition; and
27 WHEREAS, the City Commission finds that the adoption of this ordinance is in the
28 best interest of the health, safety, and welfare of the citizens and residents of the City of
29 Boynton Beach.
30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
- I -
S:ICAIOrdinanceslLOR ChangeslAmend LOR CH 2 SEC 6(C)(Cemetery).doc
I SECOND, FINAL READING AND PASSAGE this _ day of ,2009.
2
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6 Mayor - Jerry Taylor
7
8
9 Vice Mayor - Woodrow L. Hay
10
11
12 Commissioner - Ronald Weiland
13
14
15 Commissioner - Jose Rodriguez
16
17
18 Commissioner - Marlene Ross
19 ATTEST:
20
21
22 Janet M. Prainito, CMC
23 City Clerk
24
25
26 (Corporate Seal)
27
28
29
- 3 -
SICAIOrdinanceslLOR ChangeslAmend LOR CH 2 SEC 6(C)(Cemeteryldoc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida April 28, 2009
operations and future plans of th~ Sam's Club and Palm Beach Memorial Park, both of
which are being annexed into the City. The properties are located south of Hypoluxo Road.
The first amendment was to add Cemetery as an accessory use in the C-3 Commercial
Zoning District in parcels in excess of 10 acres. Palm Beach Memorial Park is being
rezoned to C-3, which allows funeral homes by right. Cemeteries were only allowed in the
public usage zoning district and were not intended for a privately operated Cemetery, only
publicly operated ones. Palm Beach Memorial Park was an allowable use under Palm
Beach County zoning regulations and staff recommended that once annexed into the City,
they remain an allowable use.
C. Interim Amendment to the Land Development Regulations:
Planned Commercial Development (peD) Setbacks-Accessory Fuel Pumps
Code Review
1. PROJECT: Planned Commercial Development (PC D)
Setbacks-
Accessory Fuel Pumps (CDRV 09-003)
AGENT: City-initiated
DESCRIPTION: Request for interim amendments to the Land
Development Regulations, Chapter 2, Zoning to
create a waiver process for minimum setbacks
associated with ancillary fueling centers with
Planned Commercial Development (PCD) zoning
districts annexed into the City.
Sam's Club is being incorporated into the City and rezoned to a Planned Commercial
Development (PCD). One component of Sam's Club was to have a fuel center for their
members. Ancillary fueling centers are allowed in the PCD as accessory uses, but there is
a condition the pump island canopy be located a minimum of 200 feet from an adjacent
right of way. In this instance, due to the constructed nature of the site, that cannot be
accommodated without interrupting current operations or traffic circulation. At the time of
the annexation, the master plan showed the canopy 50 feet from Seacrest Boulevard and
staff noted a change to the Code would have to be made to accommodate the proposal.
An amendment would be needed and approved at the time of final approval for the
annexation and the rezoning.
Staff was proposing to allow existing projects into the City that cannot fully meet all the
regulations of the Planned Commercial Districts to seek a waiver and with their best efforts
to mitigate any potential impacts. The applicants would seek a waiver at the City
Commission meetings. In typical zoning districts, pump-island canopies can be 20 feet
from a right of way, and the PCD requires 200 feet and the applicant would request 50 feet.
Staff recommended approval of both of the amendments consistent with the action to
annex the properties and square off the city boundaries without harming the current Land
Development Regulations.
10
KII. LEGAL
DEVELOPMENT
CITY OF BOYNTON BEACH ITEM A.II
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting: Dates Turned in to City Clerk's
Dates Office Office
0 A ril 21, 2009 0 June 16, 2009
0 Ma 5,2009 !81 Jul 7,2009
0 Ma 19, 2009 0 Jul 21,2009 Jul
0 June 2, 2009 0 Au ust 4, 2009 Jul
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda IZI Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this request on the July 7, 2009 City Commission Agenda under
Legal, Ordinance - Second Reading. The City Commission approved this item under Public Hearing and Legal, Ordinance -
First Reading on June 16,2009. For further details pertaining to this request, see attached Department Memorandum No. 09-
032.
EXPLANATION:
PROJECT: Imagine Charter School at Boynton Beach (REZN 09-002)
AGENT: Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
OWNER: New Urban High Ridge, LLC
LOCATION: West side of High Ridge Road, approximately 0.25 miles north of Miner Road
DESCRIPTION: Request to rezone from Planned Unit Development (PUD) to the Single and Two-Family
Dwelling (R-2) zoning district.
PROGRAM IMP ACT:
FISCAL IMP ACT: Jd&-~
ALTERNATIVES:
I
Development Depa City anager's Signature ~
Assistant to City Manager C#Wt./
Planning and Zo irector City Attorney I Finance
S:\PlanningISHARED\WP\PROJEC SIImagine Charter SchooJlREZNlAgenda Item Imagine Charter School- BB REZN 09-002 2nd reading 7-7-09.doc
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 09--032
TO: Chair and IVJembe:s.
Planning and Development Boarc
- ;tj!/ -
FROM: Hanna Matris' /,-
Senior Planner
THROUGH: ".., ,'-:::::--'"
rVjichael W. Rumpf .:-to )
Director of Planning and Zoning
DATE: May 18, 2009
PROJECT NAME/NUMBER: Imagine Charter School / REZN 09-002
REQUEST: Request to rezone 4.2.2. acres of property from Planned Unl~
Development (PUD) to Single- and Two-Family Dwelling District
(R-2)
PROJECT DESCRIPTION
Property Owner! Applicant: MG!3 Developer Group
Agent: Bradley D. Miller, AICP, Miller Land Planning Consultants, Inc.
Location: West side of High Ridge Road, approximately 0.2.5 mile north
Miner Road (Exhibit "A")
Parcel Size: 4.2.2 acres (183,897 sf)
Existing Land Use: Medium Density Residential (MeDR, 10 du/ac)
Existing Zoning: Planned Unit Development (PUD)
Proposed Land Use: No change
Proposed Zoning: Single- and Two-Family Dwelling District (P.-2)
Proposed Use: Charter School (K_Str Grade)
Adjacent Uses:
North: Single-family homes in unincorporated Palm Beach Count\';
designated Low Density Residential (LR-2, 2. du/acre) anc
zoned Single Family Residential (PS::
South: Undeveloped property (14 acres) designated IVledium Densin
Residential (MeDRi land L!se and zoned Planned Un(
File Number: REZN 09-002
Imagine Charter School
Page 2
Development (PUD). This property is currently subject to a
pending application (LUAR 09-001) to amend the land use to
Industrial (I) and rezone to Industrial (M-1); further south is
the right-of-way of Miner Road, then developed property (flex
warehouse space) designated Industrial (I) and zoned
Industrial (M-l);
East: The right-of-way of High Ridge Road, then, Cedar Ridge
Estates, with single-family homes and town homes
designated Low Density Residential (LDR) and zoned Planned
Unit Development (PUD). To the southeast, High Ridge
Commerce Park, developed properties designated Industrial
(I) and zoned Planned Industrial Development (PID); and
West: Undeveloped property (High Ridge Country Club) designated
Low Density Residential (LDR) and zoned Single-Family
Residential (R-1AA).
EXECUTIVE SUMMARY
Staff recommends approval of the requested rezoning based on the following reasons:
1. The request is consistent with the relevant policies of the Comprehensive Plan that allow
non-residential uses in residential land use districts when the non-residential use is a
community facility designed to serve the residential area (such as schools, churches, day
care centers, libraries, etc).
2. The request is consistent with the relevant policies of the Comprehensive Plan that states
that the City shall encourage the location of public schools proximate to urban residential
areas.
3. The proposed amendment is of great civic benefit to the City given the shortage of new
public schools in the area and overcrowded classrooms in existing schools.
4. The proposed amendment would not create additional impacts on infrastructure that cannot
be accommodated within existing capacities.
5. The potential negative impacts on the surrounding residential neighborhoods can be
minimized through adequate screening and buffering and the project's design.
BACKGROUND
The subject property is the northern 4.22 acres of an 18.44 acre property located at the
northwest corner of High Ridge Road and Miner Road. From 2005 to 2008, the following
applications were approved for the greater property: annexation (ANEX 05-001); land use
amendment to Medium Density Residential (MeDR 9.68 dwelling units per acre maximum)
(LUAR 05-002); rezoning to Planned Unit Development (PUD) (LUAR 05-002); master plan! site
=iie N umber: REzr~ iJS-002
imagine Charter Schoo!
Page 3
plan (NWSP 05-016) for 174 residential units (48 single-family units, 126 tQWIl:louse un'::.::
known as High Ridge PUD; a one (1) year site pian time extension (SPTE 06-013 i '::xtending sir"
plan approval to September, 2007; and a major site alan modification OvlSPM [;7-010:, to reduc,'
the number and type of units from 174 units !48 single-famil)! units, L?6 townnouse units;
110 single-family homes. The High Ridge development \/vas platted and ::onstructio'.
commenced for infrastructure. However., due to the dowmurn in the residential marke1
construction discontinued and the property was put up for sai,?,
In October, 2008, the property owner requested a large-scale land use amendment ane
rezoning (LUAR 09-001) of the overall site, to amend the land use classification from fvlediunc
Density Residential (MeDR) to Industrial (1) and rezone from Planned Unit Development (PUD
to Industrial (M-l). The request was a part of the Round 1-2009 Comprehensive Plan
Amendments and has already been reviewed by the Department of Community Affairs (no ORC
report was issued), In March, 2009 the property owner notified staff that a 4.2-acre parcel at
the northern portion of the 18.44-acre property was under contract to be sold to MG/3
Developer Group to be developed as Imagine Charter School. Due to the pending contract
purchase of the subject 4.22-acre parcel, the property owner has agreed to revise the land us':'
amendment portion of the pending application (LUAR 09-001) prior to it being presented to the:'
City Commission for final adoption, thus deducting the subject 4.22 acres from the overall site
Therefore, the underlying land use classification for the subject property will remain as Medium
Density Residential (MeDR), while the balance of the property (14.22 acres) can continue tu
progress through the pending process intended to reclassify the property to Industrial (I) land
use and the (M -1) Industrial District. The application is scheduled for adoption by the Cib
Commission on June 2, 2009.
This application request does not include a Comprehensive Plan (land use) amendment; the::
land use classification of the subject property will remain as Medium Density Residential
(MeDR). This request is to simply rezone the subject property from PUD to P-2, wnich
corresponds with the MeDR land use classification of the subject property. The R-2 zoning
district also allows the proposed use as a conditional use, and provides a transition between the
existing single-family residential uses and light industrial uses in the surrounding area.
Review Based on Criteria
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C
Comprehensive Plan Amendments: Rezoningsl and are as follows (a. -h. ):
a. Whether the proposed rezoning would be consistent with applicable comprehensive plan
policies including but not limited tar a prohibition against any increase in dwelling unit
density exceeding 50 in the hurricane evacuation zone without written apprOl:al of the Palm
Beach County Emergency Planning Division and the Citv5 risk manager, The planning
department shall also recommend limitations or requirements, which would have to D9
imposed on subsequent development of the property in order to campi v with policies
contained in the comprehensive olan.
File Number: REZN 09-002
Imagine Charter School
Page 4
The following two objectives within the Future Land Use Element of the Comprehensive Plan
and their related policies outlined below address civic uses in residential land use categories
and zoning districts, and the siting of school locations within the City:
Objective 1.3 - Future development and redevelopment within the City shall continue to
be regulated through administration of the Land Development Regulations specified
within the City's Zoning Code, Community Redevelopment Plans, Building Code and
subdivision regulations.
. Policy 1.3.1 on allowing non-residential uses in residential land use districts:
Community facilities designed to serve the residential area, such as elementary, middle
and high schools, churches, day care centers, governmental administration, police and
fire protection facilities, libraries and civic centers may also be appropriate in a
residential land use category;
Objective 1.16 - The City shall continue its involvement in the process of coordination and
collaboration between the County, local governments, and the School District in the
planning and siting of public school facilities in coordination with planned infrastructure
and public facilities.
. Policy 1.16.5 on the siting of school locations within the City: The City of Boynton
Beach shall encourage the location of schools proximate to urban residential areas by
(1) assisting the School District in identifying funding and/or construction opportunities
(including developer participation or City Of Boynton Beach capital budget
expenditures) for sidewalks, traffic signalization, access, water, sewer, drainage and
other infrastructure improvements; (2) providing for the review for all school sites as
indicated in Policy 1.16.1 above; and, (3) allowing schools as a permitted use within all
urban residential land use categories.
Policy 1.3.1 supports the residential land use category and thus the proposed rezoning to
the R-2 district for a community facility such as a school designed to serve the residential
area in which it is located. The Land Development Regulations specified within the City's
Zoning Code allows a school as a conditional use in the R-2 zoning district, whereby strict
standards and conditions are stipulated in order to mitigate negative impacts on the
surrounding residential areas.
Policy 1.16.5 supports the location of public schools in urban residential areas with
residential land use categories. The proposed rezoning is intended for construction of a
Charter School, not a traditional publiC school. However, a charter school is publicly-funded,
open to the public and free of tuition, and is overseen by the local school district. The
subject property is nearby major arterial highways (Interstate 95, Hypoluxo Road, Gateway
Boulevard) and in close proximity to urban residential areas.
b. Whether the proposed rezoning would be contrary to the established land use pattern; or
would create an isolated district unrelated to adjacent and nearby districts, or would
constitute a grant of special privilege to an individual property owner as contrasted with the
protection of the public welfare.
File Numb'2r: PcZN 09-002
Imagin'2 Charter S::hoo!
Page 5
The proposed rezoning to R-2 would not be contrary to the established land use pattern ane
would not constitute the granting of a special privilege. In addition, the area surrounding
the subject site presents a mix of residential, industrial, and civic uses within close proximir.
of one another. Therefore, neither the proposed R-2 zoning district, nor the proposed l.!S'
(i.e. charter school) would represent an isolated district. There are low density residential
uses north and west of the property; a civic use developed with a private school to
northeast; and industrial uses to the southeast. The proposed rezoning, which allows c
density of 9.68 dwelling units per acre, will provide a transition from the single-famil'
homes to the north to the vacant property 1m mediately south of the subject property that
proposed as future Industrial (I) land use and Industria! (11/1-1) zoning.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The proposed rezoning is driven primarily by the changed economic conditions. As notea
above in the Background section of this report, the market decline has made the residential
project of High Ridge PUD economically unfeasible to develop at this time. The subject
property will retain the current residential land use classification of Medium Density
Residential (MeDR). The request for rezoning is accompanied by a conditional use and new
site plan request for a Charter School. The Imagine charter school current!y operates 25
Chancellor School in Lantana and includes kindergarten through fifth grade. The number of
students is anticipated to double from 500 to 1,000 students when the school adds middle
school grades. There is a need for a larger school campus to accommodate this expansion
to include the additional classes.
Given that the existing zoning, PUD, is a planned residential zoning district, the revocation
of the zoning ordinance after the eventual expiration of the project would be consistent witt-
the intent of the Code. The revocation in this case could not result in the reversal to the
previous (Palm Beach County) zoning designation. As explained in section (b) above, the
proposed rezoning constitutes an appropriate transitional designation between iow density
single-family residential and industrial districts.
d. Whether the proposed use would be compatible with utility svstems, roadl"vBVS, and othe.'
public facilities.
The proposed charter school would be compatible with utilities, roadways, and other pubiic
facilities as detailed below:
flaffic
The applicant has provided a traffic impact analysis for the proposed use. The daily, peak
a.m. and peak p.m. trip generation numbers for the school would exceed respective trip
generation numbers calculated for the maximum residential density of 9.68 dwelling uni'.:s
per acre permitted at the site, based on its current land use of MeDR and the proposed P-:::'
zoning district. However, a school is a conditional use in the R-2 zoning district anc! is
therefore subject to more scrutiny and held to strict conditional use standards ant
conditions, including vehicular access, traffic flow, and safety in order to mitigate negativ'C~
impacts of the use. In addition, the Palm Beach County Comprehensive Plan ~;
Transportation Element includes special provisions for school uses with r::spect to ti-affi,_
impacts: it allows the level of service standard permitted on affected segments ane
File Number: REZN 09-002
Imagine Charter School
Page 6
intersections to be up to 30% above the Level of Service (LOS) "D" volume on those
segments and intersections. The traffic impact analysis and required traffic concurrency, as
explained in the accompanying conditional use staff report, is pending approval by Palm
Beach County Traffic Engineering, and no building permit for the project will be issued until
traffic concurrency approval is granted.
Potable Water and Sewer
Likewise, the demand for potable water and sewer for the proposed school use would
exceed the demand based on maximum residential density of 9.68 dwelling unit per acre
permitted at the site, based on its current land use of MeDR and the proposed R-2 zoning
district. The maximum number of dwelling units allowed on the subject property under the
R-2 zoning district is 40 units, which would generate a demand for 18,080 and 9,040 gallons
of water and sewer per day, respectively. The total gallons-per-day demand for the school
would be higher - 22,500 for water and 18,000 for sewer. However, the city has sufficient
unreserved capacity to serve the projected increase in demand. In addition, the proposed
charter school will not include a traditional cafeteria that cooks lunch for the students.
Instead the students will either bring their lunch or purchase a catered lunch that is
delivered to the school.
Solid Waste
The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's municipalities throughout the lO-year planning period.
DrainaQe
Drainage will be reviewed in detail as part of the site plan approval process, and must
satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future use of
adjacent and nearby properties, or would affect the property values of adjacent or nearby
properties.
The proposed rezoning will be reasonably compatible with the current and future use of
adjacent and nearby properties, and should have no impact on their property values. k;
stated is section (b) above, the proposed rezoning, which allows a density of 9.68 dwelling
units per acre, will provide a transition from the single-family homes in unincorporated Palm
Beach County to the north, designated LR-2 Low Density Residential (2 du/acre) and zoned
RS Single Family Residential, to the future industrial zoning district south of subject
property . Please note that a similar land use pattern exists on the east side of the High
Ridge Road. Cedar Ridge Estates, east of the property, is developed with both single-family
homes and high density townhomes, the latter being specifically placed to separate
industrial uses from the single-family neighborhood. Similar to the subject property that
would be adjacent to single-family homes, Lake Worth Christian School is also adjacent to
single-family homes. The proposed use of the property will represent a transition from the
industrial uses south and southeast of the property to low density residential use to the
west and north. Any potential land use conflicts would be mitigated by applying reievant
Land Development Regulations such as greater setbacks, landscaping, buffering, and proper
rile [\lumber: P,EZf~ !JS-OO:~
Imagine Charter Schoo,
F'age 7
lighting design, and included as conditions of approvai to the prol':~ct at th~ time of si')
I '
planning.
f Whether the property is physically and economical/v deveiopable under the eX/5ting 70ning.
There are no physical constraints to the development of the subject propert'y' under the::
existing zoning, but the development of a large PUD would be economically unfeasible at
this time due to the downturn in the residential market. In addition, the subject property is
less than the minimum five (5) acres required for PUD zoning, and the proposed use coule
not be developed with the current PU D zoning.
g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the
neighborhood and the city as a whole.
The proposed rezoning would be beneficial to the city by providing additional educational
options and employment opportunities, and would also reasonably relate to the needs of the
neighborhood. The rezoning may be considered consistent with the ongoing shift In
paradigm in land use planning, whereby it departs from a traditional separation of uses, ana
supports mixed-use patterns allowing places for people to live, work and play to be in close
proximity of one-another and thus promoting resource conservation and sustainable
communities.
h. Whether there are adequate sites elsewhere in the city for the proposed user in districts
where such use is a/ready allowed.
The City has an acute shortage of large vacant parcels suitable for a school campus tc;
support 1,000 students. The existing school in Lantana serves the local area! and the
subject property is in close proximity to also serve the local area.
CONCLUSIONS! RECOMMENDATIONS
The request is consistent with the relevant policies in the Comprehensive Plan that allow
nonresidential uses within residential zoning districts when the use is of a publiC, civic function
such as a school, and serves the residential area where it is located. It has also been
established that the proposed rezoning for a charter school would not create additional impacts
on infrastructure that cannot be accommodated within existing capacities. Lastly, staff
concludes that any potential negative impacts on the surrounding residential neighborhoods can
be minimized through proper site design involving, but not limited to, building setbacks,
landscaping/buffering and lighting. Therefore, staff recommends APPROVAL of the request tc
rezone the subject property from PUD to the R-2 zoning district
5:\Planning\SHARED\WP\PROJECfS\Imaglne (narter SchoollRE2N\Rezonlng Staff Rel'ort.doc
E;;;^ n U:U I A - o:tf r c E...t..n~~" f fUN BVf~...t'"
IMAGINE CHARTER SCHOOL - RE~2:N 09-002
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida May 26, 2009
1. Final disposition of the April 28, 2009 Planning and Development
Board meeting agenda items.
Ed Breese, Principal Planner, reported the request for the Ocean 95 Exchange Plaza
Site Plan Time Extension was denied by the City Commission at its May 19, 2009 City
Commission meeting.
6. Old Business
None
7. New Business
Attorney Alexander administered the oath to all who would be testifying.
A. Imagine Charter School at Boynton Beach
Rezonina
Attorney Alexander noted the City Attorney was a member of the firm of Goren, Cherof,
Doody and Ezra\. A partner within the firm represented Imagine Charter School. As
such, Attorney Alexander recused herself, and Attorney Leonard G. Rubin served as
Board Attorney with respect to this item.
(Attorney Alexander left the dais at 6:38 p.rn.)
1. PROJECT: Imagine Charter School at Boynton
Beach (REZN 09-002)
AGENT: Bradley Miller, AICP r Miller Land Planning
Consultants, Inc.
OWNER: New Urban High Ridge LLC
LOCATION: West side of High Ridge Road, approximately
0.25 miles north of Miner Road
DESCRIPTION: Request to rezone from Planned Unit
Development (PUD) to the Single and
Two-Family Dwelling (R-2) zoning district.
Imagine Charter School
Conditional Use
2. PROJECT: Imagine Charter School at Bovnton
Beach (COUS 09-003)
AGENT: Bradley Miller, AICP, Miller Land Planning
2
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida May 26, 2009
Consultants, Inc.
OWNER: New Urban High Ridge LLC
LOCATION: West side of High Ridge Road, approximately
0.25 miles north of Miner Road
DESCRIPTION: Request for Conditional Use New Site Plan
approval to construct a charter school on a
4.22-acre parcel in a proposed R-2 zoning
district.
Imagine Charter School
Hei9ht Exception
3. PROJECT: Imagine Charter School at Boynton
Beach (HTEX 09-001)
OWNER: New Urban High Ridge LLC
AGENT: Bradley Miller, AICP, Miller Land Planning
LOCATION: West side of High Ridge Road, approximately
0.25 miles north of Miner Road
DESCRIPTION: Request for a height exception of nine (9) feet
to allow decorative architectural features to
exceed the maximum building height of 25
feet, for a total of 34 feet at its highest point.
Chair Jaskiewicz suggested the three items be combined for discussion purposes, to be
followed by three separate motions at the conclusion of the discussion. Attorney Rubin
noted this was permissible.
Hanna Matras, Senior Planner, presented the rezoning request as set forth in the staff
report. The property owner previously requested a land use amendment and rezoning
of the site from Medium Density Residential to Industrial (1) and rezoning from Planned
Unit Development (PUD) to Industrial (M-1). In March 2009, staff was notified that a
4.22-acre parcel at the northern portion of the 18.44-acre property was to be sold to
MG/3 Developer Group to be developed as a charter school. As a result of the pending
purchase of the 4.22-acre parcel, the property owner had agreed to revise the Land Use
Amendment portion of the pending application prior to its submittal to the City
Commission for final adoption on June 22, 2009. The land use would remain as
Medium Density Residential, while the balance of the property would be reclassified to
Industrial (I) land use and the M-l Industrial District.
As the previous Planned Unit Development (PUD) zoning was no longer feasible, the
applicant requested to rezone the property from PUD to R-2, Single and Two-family
Dwelling District, which allowed the proposed use as a conditional use. Staff
3
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida May 26, 2009
recommended approval of the rezoning, as the request was consistent with the relevant
policies in the Comprehensive ,Plan that allowed non-residential uses in residential land
use districts if the use was a community facility. The request was also consistent with
the policies of the Comprehensive Plan which encouraged''th.e location of a public school
close to residential areas. The proposed amendment would be beneficial to the City,
given the shortage of public schools in the area and overcrowded classrooms, and
would not create an additional impact on infrastructure. The potential negative impact
on the surrounding residential neighborhoods could be minimized through adequate
screening and buffering in the project design.
In response to the inquiry of Chair Jaskiewicz, Ms. Matras noted the requested rezoning
would not affect the pending application to be presented to the City Commission on
June 22! 2009.
Kathleen Zeitler, Planner, presented the conditional use and new site plan approval
request set forth in the staff report. The proposed charter school would offer grades
kindergarten through eighth grade (K-B), with an anticipated enrollment of 900-1,000
students and would provide a needed transition of the industrial uses to the south and
residential uses to the north and east. Staff evaluated the application using the
conditional use review criteria. The applicant had worked with staff to satisfy the
criteria, including ingress and egress, traffic flow, vehicle staCking and pedestrian
safety. Bus and car traffic had been separated as much as possible. Existing cars
would be directed south, away from Lake Worth Christian School. Pedestrian
connectivity would be provided, including a cross-walk on High Ridge Road. Staff had
recommended cOr)ditions of approval to mitigate the impacts and minimize conflicts
such as staggering school hours, providing expediters through peak student dropoff and
pickup times and. servicing dumpsters during non-school hours. Other site design
features included limiting parking lot lights to be more compatible with adjacent
residential areas and locating play areas away from residential areas to minimize noise.
Traffic concurrency for the project was still awaiting approval by Palm Beach County.
However, a condition of approval required that no building permits could be issued
without traffic concurrency approval.
The applicant had requested a nine-foot height exception for a small portion of the
school building. The mass of the building would not exceed the R-2 district maximum
height limitation of 25 feet and would be compatible with the neighboring residential
properties. Architectural tower features located on the front and rear building
elevations, as well as the roof profile at the front entrance of the building would be 34
feet from ground level to their highest point.
4
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida May 26, 2009
The property would include buffers consisting of canopy and palm trees, hedges and
ground cover, and a combination of buffer walls and fencing to provide screening from
adjacent properties. More than 47% of the site would include pervious landscaped
area. The right-of-way east buffer is 10 feet wide with a three-foot berm, a six-foot
fence, trees and shrubs on both sides of the fence, and' a bioswale between the buffer
and the school. The north and west buffer adjacent to the residenpal area is seven feet
high with a six-foot masonry buffer wall and heavy plantings. The south buffer is 2.5
feet high, but when the adjacent property to the south is developed as Industrial, an
additional is-foot buffer would be required.
Based on the staff report analysis and compliance with development regulations and
conditional use standards, staff recommended the request for a conditional use be
approved, subject to all 24 conditions of approval. Staff also recommended a one-year
time period be provided to initiate the project.
Bradley Millerr Miller Land Planning Consultants, Inc., noted he represented MG/3.
He was in agreement with all 24 conditions of approval attached to the conditional use
application. Neither the rezoning nor the height exception requests included any
conditions. Also present were Architect Gus Carbonell, Traffic Engineer Glen Hanks,
Landscape Architect Leo Urban and Laura Mardyks, Principal of the existing charter
school in Lantana.
Mr. Miller reiterated the three-part application consisted of the rezoning from Planned
Unit Development (PUD) to R-2 for the northern four acres of an 18-acre parcel for
which an application was currently pending for Industrial use, removing four acres from
the property. MG/3 Developers Group had purchased the four: acres and was fully
committed to the four-acre site. The property was located halfway between Gateway
Boulevard to the south and Hypoluxo to the north. Miner Road was to the southern
portion of the 18 acres, 600 feet away from the site. To the south were light industrial
and commercial uses at Gateway Boulevard. The required buffers would be placed
around the perimeter seven feet to the north and 10 feet to the east along High Ridge
Road, to the south 2.S feet and seven feet to the west. In addition to the landscape
buffer, there would be adjacent open space. Sunflower artwork would be placed on the
southwest corner of the property which was based on the logo for Imagine Schools.
The bioswale would be used for drainage and green designs were being promoted. A
play area would be located in the northern enclave of the building. The architectural
style to be used is Key West with Bahama shutters, tile roof and stucco finish.
The overall building was limited to 25 feet, and the applicant had complied with this
limitation. The architectural features would exceed the 25-foot maximum by nine feet
and would require a height exception. However, the requested height exception was
only required for a small portion of the roof of the school building.
S
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida May 26,2009
Mr. Bradley noted that upon receipt of approvals, his team would begin the construction
drawings, with the intent of opening for the 2010 school year. Chair Jaskiewicz
inquired whether Mr. Bradley. would have any objection to a condition of approval
requiring permits be pulled or that the work commence within a year. Mr. Bradley did
not believe this would be an issue. He noted an 18-month period was provided for site
plan approvals, and in order to vest the project, a building permit was necessary, as
was the first inspection.
Chair Jaskiewicz opened the public hearing.
Edward Archer, 7383 High Ridge Road, understood a third access was to be provided
for emergency vehicles, as High Ridge Road was owned by the County.
Mr. Bradley explained another parcel had originally been considered for the school
wherein the primary access point was High Ridge Road. The property was not in the
City of Boynton Beach and would require annexation. The legalities which arose in
annexing the property dealt with contiguous property already in the City and the issue
of compactness. An easement or third access point was required to provide emergency
access, and it had been necessary to approach the adjacent property owner for the
easement. Mr. Bradley was not aware of any need for three access points for the
property in question. In this instance, the property had already been annexed into the
City, and the legal issues of compactness and contiguity were not pertinent.
Glen Hanks, Glen Hanks Consulting Engineers, noted he was a registered Professional
Engineer and Traffic Operations Engineer. In March of 2009, he had received a letter
from Palm Beach County Traffic Engineering Division in response to his initial traffic
study. The County had not indicated any concerns regarding the two access points to
High Ridge Road.
Chair Jaskiewicz inquired whether traffic control would be necessary at dismissal times.
Mr. Hanks explained consideration was being given to extending the school zone from
Lake Worth Christian, which would impose a 20 mile-per-hour speed limit. The other
component considered was supervised crossing for pedestrians traversing High Ridge
Road. Mr. Bradley verified traffic control would be implemented. Imagine School held
operational control onsite. He contended the circulation pattern described earlier would
result in automobile and pedestrian safety and provide access in the event of fire. Mr.
Hanks added the pickup operations at the school's current location were excell~nt and
ensured a smooth traffic flow. A component under consideration for the proposed site
was to eliminate merges and conflicting traffic motions. Normal rules of right-of-way
would apply.
6
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida May 26, 2009
Tara Archer noted she was the owner, along with Edward Archer and Jo Ann Archer,
of houses at 7361, 7381, 7383 and 7395 High Ridge Road. She was in favor of the
school if it were located on her property. The houses had been dormant w.ith the
understanding the Imagine School would be built on her proper:tY. Chair Jaskiewicz
pointed out that as a result Qf the current project, it was possible another prospect
would occur in the near future. Ms. Archer contended motorists had not complied with
the speed limit signage posted on High Ridge Road, nor were any signs posted, noting
the school hours. Chair Jaskiewicz suggested the City look into these issues.
Rachel Costigan, 6681 High Ridge Road, inquired whether the school would be
provided City or well water, and where the nearest fire hydrant and police and fire
stations were located.
Mr. Bradley responded potable and City water would be provided. The fire station was
located at Gateway and Congress, and the police station shared the City Hall location.
Chair JaskiewiCZ noted construction of new fire and police stations were anticipated in
the near future. Mr. Bradley advised a fire hydrant was currently located on High Ridge
Road and two hydrants would be installed at the site.
No one else having come forward, the public hearing was closed.
Listed below are questions and/or comments from the Board and the res'ponses
thereto:
. Would there be a 20 mile-an-hour school zone flasher? Would that be controlled
by the City or the County?
Mr. Hanks explain~d Palm Beach County controlled the thoroughfare road and it would
be at the discretion of Palm Beach County Traffic, Public Works and Land Development
whether to approve or disapprove any school signal or school zone flashers.
· Did the County, in its in~tial concurrency letter, indicate they would want a. school
zone designation?
Mr. Hanks responded negatively, adding a meeting or discussion with the County would
be necessary in this regard.
· It was suggested a con~ition be imposed directing the petitioner to ask the
County for a designated school zone.
7
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida May 26, 2009
Mr. Bradley noted, he could have discussions with Palm Beach County, and that would
be an acceptable condition. However, the decision would be at the discretion of the
County. Mr. Bradley believed everyone was in favor of making the area safe.
. It appeared people were being routed from the southeast to the northeast in a
clockwise motion. How would people travel north on High Ridge Road?
Mr. Hanks replied parents exiting the site would be required to turn south during peak
hours. Left turns were not encouraged because of the close proximity to the crosswalk.
Last-minute suggestions would be tweaked as discussions were held with the school
principal, and the team would continue to improve on the traffic circulation with City
staff and the City Engineer.
. Were there any driveways east of High Ridge Road?
Mr. Hanks replied there were no other driveways. The closest driveway was located
approximately 170 feet to the south which was the entrance to Cedar Ridge. A two-
way continual left-turn lane could be utilized by Cedar Ridge residents during their peak
hour of 5:00 p.m., and by the school for the northbound left turns during the school
peak hour of 3:45 p.m. As such, there would be no conflicting motion between the
incoming traffic to the residential and the school. As Lake Worth Christian's hours
commenced at 8:00 a.m. and dismissed at 2:50 p.m., and the charter school started at
9:00 a.m. and dismissed at 3:40 p.m., it was believed there would be no overlap of
peak-hour traffic.
. Upon dismissal times at Lake Worth Christian, are motorists directed to turn
north?
Mr. Hanks replied the signage called for right turns only.
. There should be a traffic light at High Ridge and Miner Roads.
. If traffic signals were installed, would the applicant contribute?
Mr. Hanks noted the applicant's team had taken a look at the intersection of Miner and
High Ridge Roads for the intersection criteria required by Palm Beach County. Pursuant
to the County's Critical Movement Analysis (CMA), the- applicant had complied with the
County's current criteria.
. Boynton Beach residents pay taxes to Palm Beach County. As such/all City
residents should have input regarding signals on a County or City road.
S
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida May 26, 2009
. Do all grade schools in Palm Beach County automatically have school zone
markers?
Mr. Hanks advised in dealing with a charter school, some, but not all of the regulations
have to be met. The placement, number and spacing of school signals for school zones
would be pursued with the County.
. Have you had any feedback from the neighbors at Lake Worth Christian and
Cedar Ridge to determine the manner in which the new school would be
welcomed?
To date, neither staff nor Mr. Bradley had any direct contact with the residents. Notice
of the proposed project had been provided by letter, posting onsite and in newspapers.
It was requested the issue addressed earlier by Mr. Archer be revisited. Mr. Archer
provided clarification regarding property ownership and his understanding as to the
third lane. He noted his property was not located within City limits. Mr. Bradley noted
at the time the applicant was pursuing the Archers' property, it had been revealed the
County would have objected to the applicant's annexation request as the issue of
compactness had not been satisfied. In addition, other issues existed with the Archers'
property . The County's attorney advised if an easement was obtained from the
adjacent property for the thirq connection, the County would recommend removing its
objection to the annexation.
It was noted while several charter schools had opened within the City, it had been a
protracted period of time for the proposed school to open. The question was raised as
to the criteria required to open a charter school.
Laura Mardyks, 600 S. East Coast Avenue, Lantana, Principal at Chancellor Charter
School in Lantana (an Imagine School), noted negotiations began less than two years
ago, and it was hoped the new school would be built with ease and immediacy. In
order for a charter school to open, an authorizer (in this instance; Palm Beach County)
was necessary. A charter school was obligated to meet all benchmarks in proficiency
standards as determined by the State. Chancellor paid a fee of S% of its total income,
which was based on State and Federal funding. Chancellor .served 550 students,
kindergarten through fifth grade (K-5). Ms. Mardyks shared concerns regarding'the
traffic flow, and as such, school officials were vigilant and committed to the safety of
the students. The school also worked closely with the Lantana Police Department to
ensure compliance with traffic flow and stacking requirements, and the new school
would work closely with the Boynton Beach Police Department as well. Chancellor was
marked by flashing lights. Chair Jaskiewizc hoped the flashing lights c6uld be
considere.d as a condition of approval for the new school and that a recommendation be
9
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida May 26,.2009
made to the County to designate the site as a school district. Chair Jaskiewicz inquired
whether the dismissal of earlier grades had been considered. Ms. Mardyks noted the
school. was going. to experiment with a staggered dismissal next year, dismissing by
grade level at lO-minute intervals.
It was questioned whether. the school was pursuing Leadership in Energy and
Environmental De~ign (LEED) certification for the construction materials and .the
operation of the school. Mr. Bradley noted while LEED certification had been discussed,
measures to begin the process had not been taken. He pointed out the design of the
bioswale was a step in the right direction.
Gus Carbonell, 1457 NE 4th Avenue, Architect, noted the landscaping had complied
with many of the Leadership in Energy and Environmental Design (LEED) requirements.
The building would be certifiable upon completion. At the present time, the glass in the
building had been tinted, concrete and other materials used were locally produced, the
wood roof was a renewable resource and many of the windows were shaded by
Bahama shutters.
It was noted the plans indicated the difference between the height of the parapet and
the roof was approximately four feet. It was not understood how the four towers and
gabled facade would screen mechanical equipment, and it was questioned whether the
towers were as high as they were in order to be seen from 1-95. Mr. Carbonell believed
the intent of the' towers was to provide the building with movement. The varying
heights and accent features of the towers and gables added a "playful" touch and
reduced the monotony of the building. The mansard metal roof would hide the
equipment. Mr. Bradley noted the towers were proposed as an architectural feature
and were not intended to screen equipment. The gables, however, did screen the
mechanical equipment.
Below are additional questions and/or comments from the Board and the responses
thereto:
. Is the roof metal?
Mr. Carbonell responded the roof had been changed with the last rendering from metal
to a flat cement tile, which was a richer material that would provide greater
permanency .
. Has the budget been established for the construction?
Mr. Carbonell noted the budget process had been ongoing for a number of months.
10
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida May 26, 2009
. The details and appearance and architectural details of the building should be
maintained during the development of the budget. What is the method of
construction of the building?
Mr. Carbonell noted the interior of the building would be tilt wall.
. Are there any phases planned as the 500 student capacity increased to 900?
Mr. Carbonell replied the construction would be completed at one time.
. Is there any possibility the site would be changed again?
Mr. Carbonell replied the project site had been locked in and the applicant had closed
on the land.
. How will the property be maintained over time?
.
Ms. Mardyks noted Imagine School was part of a national management company
located in 10 states, with five schools in Florida. Requests for Proposal (RFP) ha~ been
solicited seeking one company to be responsible for the maintenance. Imagine ~chool's
standards were high and superseded those of public schools. She suggested the Board
review the following websites for information on the Imagine and Chancellor Charter
Schools: www.imagineschools.com and www.chancellorlantana.com.
Chair Jaskiewicz suggested conditions of approval be added requiring a permit be pulled
within one year and that a recommendation be made to the County that a school zone
be established at the site with the use of some type of signaling equipment. She
believed the County would accede to the recommendation.
Motion
Mr. Saberson moved to approve the request to rezone from Planned Unit Development
(PUD) to the Single and Two-Family Dwelling (R-2) zoning district. Mr. Barnes
seconded the motion.
Mr. Lis noted he would vote if the rezoning was conditioned upon the approval of the
remaining two items. He did not believe the property should be rezoned without the
specific use and other conditions tied to the rezoning. Chair Jaskiewicz commented the
rezoning would preclude any other development on the subject property. Attorney
Rubin explained the rezoning was in place and the three items before the Boar.d were
based on separate criteria. In addition, the actions taken by the Board were in the
form of recommendations for Commission approval.
11
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida May 26, 2009
The motion passed unanimously.
Motion
Mr. Myott moved to approve the request for a conditional use for a New Site Plan to
construct a charter school on a 4.22-acre parcel in a proposed R-2 zoning district,
subject to all staff comments and with the added comment that the Board recommend
a school zone be established in front of the school with the appropriate signalization to
make it as safe an environment as possible and that permits be pulled within one year.
Ms. Grcevik seconded the motion.
Mr. Barnes suggested the following substitute wording: ''The applicants have requested
the establishment of a school zone on High Ridge Road from Palm Beach County. 11 Mr.
Myott accepted the language as an amendment to his motion. ~1r. Barnes did not
believe the applicant should be required to pull a permit within a year, and that 18
months would suffice.
Attorney Rubin explained the conditional use section of the Code called for the
establishment of a time limitation in which the applicant would be required to construct
25% of the total cost of all improvements. The motion by the Board should include a
recommendation to the City Commission for a time limitation. Ms. Zeitler explained the
time limitation would provide the applicant a period of a year within which to establish
their site work prior to issuance of the building permits. As long as the applicant had
completed 25% of the site work, the one-year timeframe would be satisfied. A building
permit would be required to be pulled within 18 months for site plan approval.
Mr. Myott restated his motion as follows:
Motion
Mr. Myott moved to approve the request for a conditional use of a New Site Plan to
construct a charter school on a 4.22-acre parcel in a proposed R-2 zoning district,
subject to all staff comments, with the addition that a school zone be established
according to Palm Beach County standards, and that 25% of the improveme'nts be
made within a one-year time period.
Mr. Bradley expressed concern with the permit process. Attorney Rubin advised the
conditional use would expire unless the threshold set forth in the Code was met.
However, he believed a provision existed for an extension. It was suggested the
timeframe be amended to 18 months. Mr. Myott agreed to amend his motion to reflect
a time period of 18 months. Mr. Breese noted staff would be amenable to the 18-
12
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida May 26, 2009
month timeframe. However, he requested the motion be modified to reflect the County
would establish the designation of the school zone.
Motion
Mr. Myott moved to approve the request for a conditional use of a new site plan to
construct a charter school on a 4.22-acre parcel in a proposed R-2 zoning district, with
a school zone that complies to County approvals, that 25% of all the improvements be
made within an is-month period, and that this approval is subject to all staff
comments. Mr. Saberson seconded the motion that passed unanimously.
Motion
Mr. Barnes moved to approve the request for a height exception of nine (9) feet to
allow decorative architectural features to exceed the maximum building height of 25
feet, for a total of 34 feet at its highest point. Ms. Killian seconded the motion that
passed unanimously.
7. New Business
(Attorney Alexander returned to the dais and resumed her position as Board Attorney at
8:34 p.m.)
B. Calvary Chapel
Master Plan Modification
1. PROJECT: Calvary Chapel (MPMD 09-001)
AGENT: David Frank of Precision Drafting & Design
OWNER: Calvary Chapel of Boynton Beach, Inc.
LOCATION: 3190 HYPoluxo Road
DESCRIPTION: Request for approval of a modification of the
approved campus master plan increasing the
number of project phases from four to six to
include the addition of an interim (temporary
modular) school facility and a maintenance
building, and updating the project build-out
. - schedule.
Calvary Chapel
New Site Plan
2. PROJECT: Calvary Chapel (NWSP 09-002)
13
XII-LEGAL
ITEM 0.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to Citv Clerk's
Dates Office Office
D A ri121, 2009 D June 16,2009
D 5,2009 0 Jul 7,2009
D 19,2009 D Jul 21,2009 Jul
D June 2, 2009 D Au ust 4, 2009 Jul
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda 0 Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Please place this request as a tabled item on the July 7, 2009 City Commission agenda
under Consent Agenda - Resolutions. The City Commission tabled this request for a second time on June 16th, again at the
request of the applicant to allow further time to resolve issues raised by an adjacent property owner. The adjacent property
owner has raised concerns regarding: the placement of a billboard on the applicant's property in proximity to the adjacent
property owners land; and, the future expansion of the cemetery business to include a crematorium and a mausoleum. The
adjacent property owner, through its attorney, has raised the possibility of a legal challenge based on a contract zoning theory.
The applicant, in conjunction with the requests to table this agenda item, has expressed optimism that all of the adjacent
property owner's concerns and possible challenges can be resolved through a settlement agreement between those two parties,
thus clearing the way for Commission action. Staff continues to endorse this Resolution, which approves and authorizes
execution of an Annexation Agreement as part of the annexation of the Palm Beach Memorial Park property. For further
information on this request, please see the explanation below, the accompanying resolution and proposed annexation
agreement.
EXPLANATION: Staff summarized the many issues related to the annexation of the Palm Beach Memorial Park and
Sam's Club properties in prior agenda items to the City Commission, including the October, 2008 item requesting
authorization to enter into a utility extension agreement with Palm Beach Memorial Park (see Attachment "A"), and the April
2151 update report (see Attachment "B"). Staff included in the update report an explanation on the use of separate annexation
agreements to address the principal issues. The subject resolution covers the annexation agreement with Northstar Palm
Beach, LLC, owner of the Memorial Park. The Palm Beach Memorial Park/Sam's Club land use amendment was approved by
the Commission for transmittal to the DCA on January 20,2009, and final adoption is now scheduled for July 7th. The
annexation agreement primarily accomplishes the following: 1) documents the plan to construct a mausoleum and/or
crematorium on the Property and the conditional use status of such use within the C-3 zoning district; 2) recognizes the plans
for placement of a billboard at the northwest corner of the property and the applicability of the City's billboard settlement
agreement; 3) documents the fmancing plan offered by the city for subsequent utility infrastructure costs; and 4) commits the
City to monetary contributions in connection with billboard siting costs. A general location map is attached hereto as
Attachment "C".
With respect to item #2 above, the location of the proposed billboard at the northwest corner of the property is intended to
maximize its distance from the adjacent residential land use, which ensures compliance with the residential separation
requirement of the settlement agreement. Paragraph #11 of the proposed annexation agreement has been amended, subsequent
to the June 16th meeting, to reference the targeted northwest corner location and the City's acceptance of same, and to
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
recognize the prevailing settlement agreement and the City's obligation to process and approve the billboard request
contingent upon compliance with the agreement and building code requirements.
With respect to item #4 above, paragraph #14 has also been modified subsequent to the June 16th Commission meeting to
specify what is and is not a cost eligible for reimbursement, describe the process for invoicing the City for said costs, to grant
the City the right to request copies of documentation on the reimbursable costs (in lieu of requiring costs to be certified by a
licensed professional civil engineer), and the time frame for delivering the reimbursements. As indicated previously, the
agreement details the terms by which the City will provide financing for the ultimate utility improvements, and the two
monetary obligations that have recently been agreed upon and therefore were not part of the original utility financing
provision as explained to, and agreed upon by the Commission on October 21,2008 (see Attachment "A"). As described
below in the excerpt from the agreement, this additional $35,000 includes $30,000 toward documented infrastructure costs
associated with the location of the billboard at the northwest comer of the subject property, and $5,000 for the consideratlOll
of clarification and limitation on the lighting provisions as described in paragraph #8 of the billboard settlement agreement
The entire paragraph #14 is now drafted to read as follows:
Financing Assistance. At such time that Owner connects to the City's water and sewer system, City agrees to finance tl
portion of Owner '5 construction costs for installation of materials and connection to the City's water and sewer lines
Specifically, Owner shall be required to make an initial payment in the amount of $30.000,00 toward such infrastructul'i:
improvements, with the balance of the construction costs borne by the City. Ov,'I1er shall be required to repav the Cill (III (:
monthly basis over a ten (10) year period through a utility hill surcharge
With respect to the installation of a billboard per Paragraph 11. the City shall reimburse the Owner for out of pocket site
development and related costs paid to third parties associated with the installation of a billboard that conforms to the terms
of Paragraph 11, in an amount not to exceed $30.000.00. The City is not obligated to reimburse Owner for any Owner costs
incurred in administration of the work or for any Owner overhead or prr~(it associated with the site improvements. Site
development cost eligible for City reimbursement shall be limited to (1) landscaping and other buffer elements. including
without limitation a buffer wall, within a 120 feet distance from the billboard structural foundation, (2) legal fees associated
with and relating to the relocation of the billboard to the Northwest corner of Owner '.1' property and the causes therefor and
(3) the construction of vehicular access necessary to support maintenance of the billboard. Requestfor reimbursement shall
be consolidated on one invoice to be submitted to the City at the completion of the improvements, The City reserves the right
to require copies of any and all supporting documentation of site development work, including copies of all contractor
invoices and material purchases. It is the du~v of Owner to provide third par~l' invoice,s which include detailed material
quantities and unit costs and the work shall be reasonab~v associated with the various site development components. The eitl.
shall reimburse the Owner according to this paragraph within sixty (60) days of submittal to the Cill' of the invoice and
requested supporting documents, unless the supporting documents reflect, in the judgment of the City, costs and/or charges
which exceed standard and custommy rates. in which case payment may he delayed until the parties meet on an expedited
hasis and resolve the discrepancy in costs or charges soughtfor reimbursement,
The City will also pay, jointly to Owner and the Billboard Vendor, $5.000.00 in consideration of a commitment fi'om Owner
and Billboard Vendor acknowledging and committing that the billboard proposed for the Property is limited to lighting
devices which illuminate the sign face from an external appendage to the sign and IlOt lighting that emanates from within the
sign orj1-om the sign face, such as afull color or LED display system, All other restrictions on lighting contained in
paragraph 8 ,vhich prohibit flashing, intermittent or moving lights shall continue to app~v. Owner shall ohtain a writtell
acknowledgement and consent j1-om the Billboard Vendor with respect to this commitment
Additional changes made to the agreement. subsequent to the last Commission meeting, are summarized as follows: the
"effective date" text (Section #6) references the corresponding ordinances with which this item is being processed; the
addition of an acknowledgment of the compatibility of the existing use ofthe property with the City's land use map and
zoning regulations (Section 7.b); the omitting of text that states the current compliant status of all existing improvements on
the property (formerly Section 7.c); the omitting of text within Section #9 regarding interim permit review and inspections:
and the removal of the reference to the settlement agreement in the last paragraph of Section #14, to prevent this agreement
from being affected by any interpretation issues involving the settlement agreement and sign lighting.
S:\I:lULLETINIFORMS\AGENDA ITEM REQUEST FORM.D(}(.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMP ACT: This process and corresponding prerequisites are necessary for the ultimate annexation of
approximately 45 acres ofland along North Seacrest Boulevard.
FISCAL IMP ACT: The overall annexations (the Palm Beach Memorial Park/Sam's Club properties and the pocket
properties) are anticipated to contribute approximately $120,000 to the City's annual property tax revenues.
ALTERNATIVES: Not approved the resolution which is a prerequisite to the annexation of the subject property.
~.;t/~
Develo \.../ City ~anager's Signature
Assistant to City Manager ~
!
'ft
. '--"'
Planning and ng Director City Attorney / Finance
s: \PlanninglSHAREDI WP\PR ECTSiSams Club PB Memorial\ANEX 09-00 I \Agenda Item Request 7-7-09 - Anx Agree - Memorial Park (rev).doc
S:\BULLETINIFORMS\AGENDA ITEM REQUEST FORM,DOC
I
I
I
I
I
1 I RESOLUTION NO. R09- 08 ~I
! I
3 I A RESOLUTION OF THE CITY COMMISSION OF
4 BOYNTON BEACH, FLORIDA, APPROVING A:\TD
5 AUTHORIZING THE MAYOR TO EXECUTE AN
6 AGREEMENT BET\VEEN THE CITY OF BOYNTON
7 BEACH AND NORTHST AR PALM BEACH, LLC,
8 REGARDING ANNEXA TION OF :\TORTHSTAR PALM
9 BEACH PROPERTY INTO THE CITY BOUNDARY.
10
11
12 WHEREAS, NORTHST AR PALM BEACH. LLC is the fee simple owner of certain
13 real property located in unincorporated Palm Beach County, Florida ("County") \\hich is
14 located at 3691 Seacrest Boulevard in the City: and
15 WHEREAS. the Parties desire to annex the Property into the City's municipal
16 boundaries and have initiated the process required by law to enact an ordinance adopting a
17 petition for voluntary annexation of the Property into the City, pursuant to Section 171 ()44C l.
18 Florida Statutes ("Annexation"): and
19 WHEREAS, Owner has previously constructed certain improvements for commercIal.
20 retail and service uses on the Property: and
21 \VHEREAS, the parties desire to enter into this Agreement to memorialize and
22 document their understanding and agreement with respect to annexation. future development
'1" and use of the Property: and
~-'
24 WHEREAS, the Citv Commission of the City of Bovnton Beac h. upon
25 recommendation of staff, deems it to be in the best interest of the residents and citizens uf the
26 City of Boynton Beach to approve the Annexation Agreement between the City 01 Bovnton
27 Beach and NORTHSTAR PALM BEACH. LtC.
, ,
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
II
1 Section 1. Each Whereas clause set forth above is true and correct and incorporated
2 herein by this reference.
3 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
4 approve and authorize the Mayor the execute the Annexation Agreement between the City of
5 Boynton Beach and NORTHSTAR PALM BEACH, LLC to document their understanding and
6 agreement with respect to annexation and subsequent improvement of the Property; a copy of
7 said Annexation Agreement is attached hereto as Exhibit "A".
8 Section 3. That this resolution becomes effective immediately upon passage.
9
10 PASSED AND ADOPTED this _ day of June, 2009.
11 CITY OF BOYNTON BEACH, FLORIDA
12
13
14 Mayor, Jerry Taylor
15
16 Vice Mayor - Woodrow L. Hay
17
18 Commissioner - Ronald Weiland
19
20 ATTEST: Commissioner - Jose Rodriguez
21
22 Commissioner - Marlene Ross
23 Janet M. Prainito, CMC
24 City Clerk
25
26
27 (Corporate Seal)
28
ANNEXA nON AGREEMENT
THIS ANNEXATION AGREEMENT ("Agreement") is made and entered into this ___
day of , 2009 by and between the CITY OF BOYNTON BEACH, FLORIDA. a
municipal corporation ("City"), and NOR THST AR PALM BEACH, LLC, a Florida limited liability
company ("Owner").
WIT N E SSE T H:
WHEREAS, Owner is the fee simple owner of certain real property located in unincorporated
Palm Beach County, Florida ("County") which is located at 3691 Seacrest Boulevard in the City and
is legally described in Exhibit "A" attached hereto and made a part hereof ("Property"); and
WHEREAS, the Parties desire to annex the Property into the City's municipal boundaries and
have initiated the process required by law to enact an ordinance adopting a petition for voluntary
annexation of the Property into the City, pursuant to Section 171.044(2), Florida Statutes
("Annexation"); and
WHEREAS, the City has determined that the Property is contiguous to the City and
reasonably compact, and the City desires to annex the Property into the City; and
WHEREAS, Owner has previously constructed certain improvements for cemetery and
associated ancillary uses on the Property; and
WHEREAS, the parties believe it is in their mutual best interest to initiate the process
required by law to enable Owner to maintain, operate and develop the Property in accordance with
the terms and provisions of this Agreement; and
WHEREAS, the parties desire to enter into this Agreement to memorialize their
understanding and agreement with respect to annexation of the Property
NOW, THEREFORE, in consideration of the mutual promises, undertakings, terms and
conditions set forth herein, the parties mutually agree as follows:
1. Recitals; Exhibits. The foregoing recitations are true and correct and are hereby
incorporated herein by reference and are valid and binding on the parties hereto. All exhibits to this
Agreement are incorporated by reference, are hereby deemed a part hereof and are valid and binding
on the parties hereto.
2. Legal Authority. This Agreement is entered into under the authority of the Florida
Constitution (including Article VIII, Section 2(b) thereof), the general powers conferred upon
municipalities by statute and otherwise, the Municipal Annexation or Contract Act ("Annexation
Act"), Florida Statutes Section 171.011 et~, and the City's Charter.
3. Property Ownership. Owner acknowledges and represents to the City that it owns the
Property and has the authority to enter into this Agreement.
4. Application for Voluntary Annexation. This Agreement shall be incorporated into the
Application for Voluntary Annexation ("Annexation Application"), which was previously submitted
to the City, subject to the terms and conditions of this Agreement.
5. Annexation. Owner previously voluntarily filed the Annexation Application with the
City to annex the Property into the City's boundaries, and the City has initiated the process to
accomplish said annexation in compliance with Section 171.044(2), Florida Statutes, and all other
applicable state and local laws and regulations. The City approved the voluntary annexation ofthe
Property on First Reading on January 20, 2009. The Annexation Application does not become
effective until finally approved by the City Commission on Second Reading.
6. Effective Date. This Agreement shall become effective following final approval of City
Ordinances 09-026, 09-027, 09-003, 09-004,09-005, 09-006, 09-007, 09-008 and upon the date the
last of the parties executes this Agreement.
7. Land Use and Zoning.
(a) The Property is currently designated Institutional and Public Facilities (INST) on the
Palm Beach County Future Land Use Plan Map and is included within Palm Beach
County's Residential Multifamily (RM) zoning category; and
(b) Concurrent with the Annexation Application, Owner submitted applications to the
City to amend the Future Land Use designation of the Property to Local Retail
Commercial (LRC) and change the zoning designation of the Property to C-3
Community Commercial. City acknowledges that the existing uses of the property,
which include a cemetery and funeral home, are compatible with and permitted by the
proposed land use and zoning categories. The City is currently processing these land
use and rezoning applications concurrently with the Annexation Application; and
8. Prior County Action. City agrees that consistent with Section 171.062, Florida Statutes
and prior to the effective date of the annexation of the Property, to the extent that County has
processed any changes to the land use or zoning on the Property and approved any plate s), site plane s)
or other development approvals, City will recognize the effectiveness of said approvals without
requiring re-review or additional approval of the City and will permit construction of any
improvements for which unexpired permits have been issued by the County pursuant to said
approvals.
9. Cooperation In Development Approval Process. The City hereby agrees to cooperate
with Owner in good faith in all aspects of the development review process for the Property. In this
regard, the City agrees that its administrative staffwill facilitate all necessary approvals and respond
diligently and expeditiously to all requests and inquiries from Owner regarding such approvals. The
cooperation ofthe City in facilitating the expeditious development review process does not constitute
an agreement to approve :
(a) Site plans
(b) Variances or waivers
(c) Zoning changes
(d) Certificates of occupancy
(e) Permits (building, electrical, etc. . . )
as approvals of that nature are subject to either quasi-judicial review or administrative review by the
City's building official or his designees. Nothing in the Agreement constitutes a promise or
obligation of the City to zone or rezone Owner's property to any zoning designation which is not
consistent with the City's Comprehensive Plan or zoning regulations, as amended from time to time.
10. Future Development. City acknowledges that Owner intends to seek future approvals
from the City for construction of a mausoleum and/or crematorium on the Property and confirms that
such use is a conditional use allowed by the City's C-3 Community Commercial zoning regulations.
subject to compliance with all applicable development regulations.
11. Billboard. City acknowledges that Owner intends to submit permit applications to locate
a billboard in the Northwest quadrant ofthe Property in the location depicted on Exhibit "B". The
City Commission hereby acknowledges that in the event the Property is annexed into the City, the
proposed location of the billboard is acceptable and consistent with Section 4 of that certain
Settlement Agreement between City, Florida Outdoor Advertising, LLC and Gold Coast Advertising,
Inc. ("Settlement Agreement"). To the extent such a billboard is permitted on the Property in
accordance with the Settlement Agreement the City agrees that it will approve all necessary
applications and permits submitted to the City by Owner for placement of the billboard on the
Property provided the sign meets building code requirements as determined by the City Building
Official.
12. Public Facilities. The City hereby covenants that all public facilities, as defined in
Section 163.3221, Florida Statutes, including, but not limited to, roads, drainage, police and fire
service, sanitation service, parks and recreation service, and general governmental facilities, will be
available to the Property at levels of service consistent with the City's Comprehensive Plan.
13. Water and Sewer Connections. The Property is not currently connected to the City's
water or sewer system. City acknowledges and agrees that Owner may continue to operate the
Property on well and septic. Owner acknowledges that such connections will be required for the
Property prior to issuance of a certificate of occupancy for any future development proposed on the
Property resulting in an increase in water and septic usage equal to or exceeding five (5%) or Ten
(10) years from the date of this Agreement, whichever occurs first.
14. Financing Assistance. At such time that Owner connects to the City's water and sewer
system, City agrees to finance a portion of Owner's construction costs for installation of materials
and connection to the City's water and sewer lines. Specifically, Owner shall be required to make an
initial payment in the amount of $30,000.00 toward such infrastructure improvements, with the
balance of the construction costs borne by the City. Owner shall be required to repay the City on a
monthly basis over a ten (10) year period through a utility bi 11 surcharge
With respect to the installation of a billboard per Paragraph 11, the City shall reimburse the Owner
for out of pocket site development and related costs paid to third parties associated with the
installation of a billboard that conforms to the terms of Paragraph 11, in an amount not to exceed
$30,000.00. The City is not obligated to reimburse Owner for any Owner costs incurred in
administration of the work or for any Owner overhead or profit associated with the site
improvements. Site development cost eligible for City reimbursement shall be limited to (1)
landscaping and other buffer elements, including without limitation a buffer wall, within a 120 feet
distance from the billboard structural foundation, (2) legal fees associated with and relating to the
relocation ofthe billboard to the Northwest comer of Owner' s property and the causes therefor, and
(3) the construction of vehicular access necessary to support maintenance ofthe billboard. Request
for reimbursement shall be consolidated on one invoice to be submitted to the City at the completion
of the improvements. The City reserves the right to require copies of any and all supporting
documentation of site development work, including copies of all contractor invoices and material
purchases. It is the duty of Owner to provide third party invoices which include detailed material
quantities and unit costs and the work shall be reasonably associated with the various site
development components. The City shall reimburse the Owner according to this paragraph within
sixty (60) days of submittal to the City ofthe invoice and requested supporting documents, unless the
supporting documents reflect, in the judgment of the City, costs and/or charges which exceed
standard and customary rates, in which case payment may be delayed until the parties meet on an
expedited basis and resolve the discrepancy in costs or charges sought for reimbursement.
The City will also pay, jointly to Owner and the Billboard Vendor, $5,000.00 in consideration of a
commitment from Owner and Billboard Vendor acknowledging and committing that the billboard
proposed for the Property is limited to lighting devices which illuminate the sign face from an
external appendage to the sign and not lighting that emanates from within the sign or from the sign
face, such as a full color or LED display system. All other restrictions on lighting contained in
paragraph 8 which prohibit flashing, intermittent or moving lights shall continue to apply. Owner
shall obtain a written acknowledgement and consent from the Billboard Vendor with respect to this
commitment.
15. Recording. This Agreement shall be recorded in the public records of Palm Beach
County, Florida upon execution by all parties hereto.
16. Necessity of Complying with Local Laws. The parties agree that the failure of this
Agreement to address a particular permit, condition, term or restriction shall not relieve Owner ofthe
necessity of complying with the law governing said permitting requirements, conditions, terms or
restri cti ons.
17. Default. Ifthe City shall default in any ofthe terms, covenants and/or provisions ofthis
Agreement to be performed on the part of the City, Owner shall have all rights and remedies against
the City as set forth herein, as well as all rights and remedies available at law and/or in equity,
including, without limitation, the right to specific performance. If Owner shall default in any of the
terms, covenants and/or provisions ofthis Agreement to be performed on the part of Owner, the City
shall have all rights and remedies against Owner as set forth herein, as well as all rights and remedies
available at law and/or in equity, including, without limitation, the right to specific performance.
18. Assignability. Neither party shall assign this Agreement or any interest hereunder, in
whole or in part, without the prior written consent ofthe other party, which consent may be withheiu
for any reason in their sole and absolute discretion.
19. Miscellaneous.
(a) Entire Agreement. This Agreement sets forth all ofthe promises, covenants.
agreements, conditions and understandings between the parties hereto, and
supersedes all prior and contemporaneous agreements, understandings.
inducements or conditions, express or implied, oral or written.
(b) Pronouns. All pronouns and any variations thereof shall be deemed to refer
to the masculine and neuter, singular or plural, as the identity of the party or
parties, personal representatives, successors or assigns may require.
(c) Severability. The invalidity ofthe provisions hereof shall in no way affect or
invalidate the remainder of this Agreement.
(d) Counterpart. This Agreement may be executed in one or more counterparts.
each of which shall be deemed an original, but all of which shall together
constitute one in the same instrument.
(e) Headings. The headings contained in this Agreement are inserted for
convenience only and shall not effect, in any way, the meaning or
interpretation of the Agreement.
(f) Governing Law. This Agreement shall be construed in accordance with the
laws ofthe State of Florida, and any proceeding arising between the parties in
any manner pertaining to this Agreement shall, to the extent permitted by law.
be held in Palm Beach County, Florida.
(g) Binding Effect. The obligations imposed pursuant to this Agreement upon
the Property shall run with and bind the Property as covenants running with
the Property and this Agreement shall be binding upon and enforceable by the
parties hereto, their personal representatives, heirs, successors, grantees,
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the parties hereto have executed this Annexation Agreement as of
the day and year written above.
WITNESSES: NORTHSTAR PALM BEACH, LLC,
a Florida limited liability company
Print Name By:
Print Name
STATE OF )
) SS:
COUNTY OF )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by , as for
NOR THST AR PALM BEACH, LLC, a Florida limited liability company, freely and voluntarily,
who are personally known to me or who has produced as identification.
WITNESS my hand and official seal in the County and State last aforesaid this _ day of
,2009.
Notary Public
Typed, printed or stamped name of Notary Public
My Commission Expires:
CITY
ATTEST: CITY OF BOYNTON BEACH
By:
City Clerk Mayor
__ day of ____ .2009.
-~-------'-
APPROVED AS TO FORM:
By:
City Attorney
---.--.- --. --.- ----.-- .-.----....-.-
EXHIBIT A
Boynton Memorial Cemetery
Legal Description
Situated in the City of lantana, County of Palm Beach and State of Florida, and known as
being a part of the Replat of Part of Lincoln Memorial Gardens as recorded in Plat Book
25, Page 225, and further described as follows:
Beginning at a Concrete Monument found in the West right of way line of Seacrest
Boulevard, a variable width public right of way; thence along the West right of way line
of said Seacrest Boulevard, South 02 degrees 29' 14/f West, 101.75 feet to the point of
beginning for the parcel of land described herein:
Thence, continuing South 02 degrees 29' 14" West, 1289.48 feet to a point;
Thence, North 87 degrees 30' 24" West, 92.00 feet to a point;
Thence, South 02 degrees 29' 14" West 93.00 feet to a point;
Thence, North 87 degrees 30' 46" West, 81.83 feet to a point;
Thence, North 01 degrees 01' 59/f East, 156.13 feet to a point;
Thence, North 87 degrees 30' 46" West, 33.81 feet to a point;
Thence, North 01 degrees 01' 59" East, 2.74 feet to a point;
Thence, North 87 degrees 30' 46/f West, 326.39 feet to a point;
Thence, South 01 degrees 01' 59" West, 12.00 feet to a point;
Thence, North 87 degrees 3D' 46" West 148.72 feet to a point;
Thence, South 01 degrees 01' 59" West, 19.03 feet to a point;
Thence, North 87 degrees 30' 46" West, 176.44 feet to a point on the East right of way
line of State Route No.9, a variable width public right of way;
Thence, along the East right of way line of said State Route No.9, North 01 degrees 01'
59/f East, 1174.86 feet to a concrete disk found;
Thence, South 88 degrees 55' 16" East, 344.35 feet to a point;
Thence, North 03 degrees 27' 44" East, 160.14 feet to a point;
Thence, South 88 degrees 55' 16" East 462.94 feet to a point;
Thence, South 01 degrees 04' 47" West 101.75 feet to a point;
Thence, South 88 degrees 55' 16" East, 80.00 feet to the point of beginning, and
containing 25.6973 acres (1,119,376 Sq. Ft.)
.
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Exhibit "B"
[Proposed Billboard Location]
ATTACHMENT A
Vi-CONSENT AGENDA
ITE M ],
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Mus! be Turned Requested Cll) Commission Date final Form Must DC Tumc,;
Meetin~ Dates m to CilV Clerk's Office Meeting D_ates In to Cltv Clerk's Office
D August 19.2008 August 4, 2008 (Noon) ~ October 21. 2008 (lclODer 6. 2008 :NoonJ
0 September 2, 2008 August] 8, 2008 (Noon) CJ November 5,2008 ()etober 2(; 2008 ("Joon I
D September 16, 2008 September 2, 2008 (Noon) 0 November 18,2008 November 3 2008 (Nlloni
D October 7, 2008 September 15,2008 (Noon) D December 2. 2008 November! - 2008 ,Noon.,
0 AnnouncememslPresentations 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM [Z] Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements D Unfinished Business
0 Public Hearing 0
RECOMMENDA TION: Possible Annexation of Property at Hypoluxo and Seacrest - Authorize Staff to enter into utility
extension agreement with Palm Beach Memorial Park with a cost recovery of City costs over a ] 0 year period, Authorize
staff to prepare amendment of2001 Billboard Consent Decree,
EXPLANATION: The City has been discussing the annexation of Palm Beach Memorial Park, a 25.6 acre parcel ofproperr\
located on the west side of Sea crest near Hypoluxo. The property is used as a cemetery and funeral home, The City
previously entered into water and sewer pre-annexation agreements with property to the north which includes a Sam's Club.
Best Western Hotel, Popeye's Chicken, Taco Bell and Pizza Hut. The terms of the agreement require these parcels to annex
to the City when they become contiguous to the City limits. The path to gaining contiguity is annexation of the cemetef)
property. Recently, the City was also contacted by Sam's Club because they desire to install a retail fueling facility at this
store. Staff suggested that Sam's Club work with Palm Beach Memorial Park to consider ajoint application for annexation
Staff met with representatives of both Sam's Club and Palm Beach Memorial Park last week to further discuss the annexatior,
Palm Beach Memorial Park desires to hook up to the City's utility system for the two buildings on their property (Funerai
Home and Office). The estimated cost of the extension of utilities to serve both buildings is between $]00,000 and $110,000
according to Boynton Beach Utilities. While the lines would be constructed by a private contractor, Palm Beach Memorial
Park has requested City cost participation in the construction of these lines, Staff is proposing that Palm Beach Memoriai
Park pay for $30,000 of the utility and fee costs with the balance of the project costs be paid by the City with a ] 0 -year
payback provision as part of a utility bill surcharge. Palm Beach Memorial Park has tentatively agreed to this arrangement.
In addition, the cemetery is requesting authorization from the City to allow the installation of the one of two remaining J-9.'
billboards from the 200 I Consent Decree. This would provide a revenue stream for the property owner. Location of a
billboard on the cemetery property will require that the Consent Decree be amended, Subject to an acceptable location of tht,
sign on the cemetery property, staff supports the location of one of the two remaining billboards onto the cemetery proper!)
The working relationship between the City and Hardin Holdings (the billboard company) has been very good, Sam's CJut
upon annexation proposes to install the retail fueling facility, which is very similar to the one at BJ's Wholesale Club
PROGRAM IMPACT: The annexation of Palm Beach Memorial Park will allow the City to also annex the commercia:
property at the SW corner of Hypoluxo and SeacresL All businesses except the gas station at the SW corner have signed
utility pre-annexation agreements with Boynton Beach. Because the proposed land use amendment requires review by the
Florida Department of Community Affairs (DCA) as part of the semi-annual program review. the annexation cannot tak~
place until calendar year 2009 meaning that the City will not receive property taxes until 20 10
S\BULLETfN\FORMSIAGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT: Based on the 2008 property tax rate of .64553, the assemblage of property will contribute $120,000
annually to the City in property tax revenues beginning in 2010. The estimate is based on the following calculations:
Property Tax Calculation - seacrest/Hypoluxo Annexation 2008 BB Rate> > 0.64553
Projected
Business Name Address 5 treet peN 200B Value Taxes to BB
Per PAPA Site 2008 Rate
Sam's Club 7233 Seacrest Blvd 00-43-45-09-2.3-000-0010 $ 10,222.,556 $ 65,990
Best Western 7051 Sea crest Blvd 00-43-45-09- 2.3-000-002.2 $ 4,604,099 $ 29,721
Taco Bell/Pizza Hut 7035 Sea crest Blvd 00-43-45-09-23-000-0030 $ 1,358,2.75 $ 8,768
Popeyes Chicken 70'19 Seacrest Blvd 00-43-45-09- 23-000-0021 $ 869,583 $ 5,613
Palm Beach Memorial Park 3691 Sea crest Blvd 00-43-45-09-05-001-0020 $ 1,580,000 5 10.199
Est Annual to City S 120,291
(After 1/1/2010)
KB: 10/12/08
AL TERNA TIVES: Do not authorize staff to enter into the utility cost-sharing agreement and the amendment to the
billboard consent decree with Palm Beach Memorial Park, This will stop the annexation discussions with Palm Beach
Memorial Park and cause Sam's Club to either abandon their business expansion plans, seek annexation to the Town of
Lantana or secure approval of their expansion plan from Palm Beach County even though they prefer annexation into
Boynton Be,}h. )
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Depanment Head's Signature CitY Manager's Signature
Assistant to City Manager ~
--
Department Name City Attorney / Finance
S \BULLETIN\FORMS\AClPWA ITEM REQUEST FORM DOC
,A,TTACHMENT
IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM E
AGENDA ITEM REQUEST FORNi
Requested CIty \ Date Final Form Must be ---r- Requested City Date Final Form Must be
, ComnusslOn Meetmg Turned in to CitY Clerk's ! ComrrusslOn Meetmg Dates Turned in to City Clerk',
I i Dates Offi ce I Offi ce
I Anril6, 2009 (Noon) n____.-___
I~ April 21, 2009 0 June] 6, 2009 I June I, 2009 (Noon \
I \ <--^-.."- -
!O Mav 5,2009 Anril 20, 2009 (Noon) I [J Julv 7,2009 i June 15,2009 (Noon)
, I I Julv 6,2009 (Noon)
I [J -----....
0 Mav 19. 2009 Mav 4, 2009 (Noon) July 21. 2009
----,_.
i I
'0 June 2, 2009 Mav 18, 2009 (Noon) iO August 4, 2009 : Julv 20, 2009 (Noon)
-.-
---~-_.-
10 AnnouncementsfPresentations
I NATURE OF ---.-
0 Admmistrative
I AGENDA ITEM 0 .----
f 10
I al Settlements Unfimshed Busmess
10 --.-..--.,--
I Public Hearing
, -- .-."".--.-"'---- --- -.----.--
RECOMMENDATION: Please place this request on the April 21, 2009 City Connnission Agenda under Clt)'
Manager's Report. This item is a Status Report on the Voluntary Annexation ofthe Palm Beach Memorial Park and Sam's
Club properties.
EXPLANATION: The Palm Beach Memorial Park/Sam's Club land use amendment was approved by Commission
for transmittal to the DCA on January 20,2009, and we understand that the DCA has completed its review without objections
(written confirmation from the DCA is expected this week), This is not a simple annexation; there are many issues
accompanying it which staffhas at least partially explained in the initial infonnation item presented to the Commission In
October of 2008, and within the project staff report. The issues are best summarized individually, along with the
corresponding solutions and status, The issues are as follows:
1) Creation of unincorporated "pocket" - This "pocket" is created by the annexation of the uniquely figured Sam' S
Club property which includes a "fmger" extension north to Hypoluxo Road. TIlls includes an access road for Sam's Club but
which is also the sole access drive for three unincorporated properties (consisting of 1 hotel and 3 restaurants), Consequently,
access to the unincorporated properties will be severed by the incorporation (although physical access is maintained),
therefore arguably failing the "compactness" test of Florida Statutes, which is an issue raised by County staff. SOLUTION:
Execute an ILA with the County. Since the properties are also subject to a water service/annexation agreement similar to the
Sam's Club property, they are annexable once contiguous, which will be attained following annexation of the Memorial Park
and Sam's Club properties. The ultimate annexation of the three properties would resolve the compactness issue raised by the
County, and as an interim measure and evidence of intent, city staff offered to enter into an ILA that would document the
city's plan to armex this "pocket". STATUS: The ILA has been drafted by County staff and will be considered by the City
Commission concurrent with the final adoption of the annexation ordinance (see below for status). Although the ILA was also
to transfer public safety responsibility (for the pocket and adjacent Hypoluxo Road) to the City in advance of annexation. the
Sheriff's Office prefers to continue providing service until ultimately annexed into Boynton Beach.
2) Conditions of annexation - Recall that representatives for the properties both have conditions of annexation to
ensure the successful implementation of their respective business plans and/or to avoid uncertainty relative to utility hook-up
costs. More specifically, the issues include the irrunediate desire to lease space for a billboard, the eventual plans to build a
crematorium, the timing of installation of and payment for utility hookups, and the planned addition of accessory fuel sales to
the Sam's Club operation. SOLUTION: Annexation agreements will be considered for execution concurrent with adopnon of
the annexation ordinance, An agreement with the respective property owners will achieve the necessary recognition,
S\8ULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
commitment, documentation, necessary in connection with the needs of the two property owners. With respect to the
. .' _. billboard, its ultimate location on the property will be pursuant to the provisions of a 200 J settlement agreement, Which
requires it to be separated from a residential use by at least 250 feet. It should also be noted that one commitment will mclude.
as anticipated, the timely amendment of the City's LDRs to amend setback requirements applicable to accessory fuel sale
operations in a Planned Commercial Development zoning district (peD), STATUS: The agreements are in the process of
being drafted, through the necessary communications between the agent for the applications and the City Attorney. The
agreements will be forwarded for Commission consideration concurrent with Final Reading of the annexation ordinance.
Lastly, the applicant has requested an amendment to the 2001 billboard consent decree to allow placement of a billboard at a
setback of 150 feet. This request is being reviewed by City staff.
As for the DCA's review process, the proposed amendment to the City's Comprehensive Plan Future Land Use Map has heen
reviewed by the State (the State does not review the corresponding applications for annexation and rezoning). A verbal.
infonnal communication was received from the State indicating that the State's review was finished and there would be 11"
objections raised. Staff anticipates receiving the official written notice from the State this week. Once received, the City may
proceed to the adoption stage which includes another legal notice placed in the newspaper. Depending upon the status of the
corresponding annexation agreements, staff anticipates placing this on either the May 19th or June 2nd Commission agenda
PROGRAM IMPACT: This process and corresponding prerequisites are necessary for the ultimate annexation of
approximately 45 acres of land along North Seacrest Boulevard.
FISCAL IMP ACT: The overall annexations (the Palm Beach Memorial Park/Sam's Club properties and the pockel
properties) are anticipated to contribute approximately $120,000 to the City's annual property tax revenues.
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Meeting Minutes
Regular City Commission
Boynton Beach, FL April 21, 2009
The original motion passed 4-1. (Commissioner Weiland dissenting)
D. Discussion regarding Energy Efficiency and Conservation Block Grant
Ms. Lejeune explained the American Recovery and Reinvestment Act (ARRA) was the stimulus
funding and a team had been established with staff from the City and eRA to diligently search
for funding possibilities. Other funds have already been sought and now the Energy Efficiency
and Conservation Block Grant is targeted to reduce fossil fuel emissions, total energy use and
improve energy efficiency in the building and transportation sector. The team reviewed the
priorities and created a program to submit for award. The program would create a revolving
loan fund program to provide energy efficiencies for both private and public buildings.
Partnerships with other governmental agencies as well as private organizations could be formed
to coordinate and facilitate even greater use of the funding. It could also be structured to be
available for low income families and provide assistance applying for other funds. In total, the
grant monies would stimulate the economy, create new jobs and increase permit applications.
Ms. Lejeune further reported $250,000 would be available to hire a consultant to create the
energy efficiency conservation strategy required to meet the funding criteria. Staff
recommended the Commission allow the application to be submitted to create the strategy,
develop the revolving loan fund program and publiC facilities energy audit and retrofit. Mayor
Taylor established there would be no match in funding required by the City. Administrative
costs would be included in a $75,000 allotment. After those funds were exhausted there may
be additional administrative costs to keep the program active.
Motion
Commissioner Ross moved to endorse the submittal of the application through ARRA for the
Energy Efficiency and Conservation Block Grant. Vice Mayor Hay seconded the motion. The
motion passed unanimously.
E. Status Report on the Voluntary Annexation of the Palm Beach Memorial Park and
Sam's Club properties.
Mr. Rumpf reported the annexation continues to move forward jointly for over 40 acres
including the Sam's Club properties and Palm Beach Memorial Park. A resolution would be
needed to cover an interlocal agreement with Palm Beach County relating to the State law of
annexation requiring compactness. There is a pocket created that could only be accessed
through a shared d~ive with Sam's Club that can only be annexed once it becomes contiguous
to the City boundari'es. It includes a hotel and restaurants. Mr. Rumpf indicated the expansion
of utilities and a billboard to the cemetery property and a fuel pump operation for Sam's Club
are part of the annexation agreements and may be amendments to the settlement.
X. FUTURE AGENDA ITEMS:
A. Options for Hurricane Protection Project for 1913 Schoolhouse Children's r"luseum
(Deferred pending future grant opportunities)
23
XII. - LEGAL
CITY OF BOYNTON BEACH ITEM D.2
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 April 21, 2009 April 6,2009 (Noon) 0 June 16, 2009 June I, 2009 (Noon)
0 May 5, 2009 April 20, 2009 (Noon) IZI July 7,2009 June 15, 2009 (Noon)
0 May 19,2009 May 4, 2009 (Noon) 0 July 21,2009 July 6,2009 (Noon)
0 June 2, 2009 May 18, 2009 (Noon) 0 August 4, 2009 July 20, 2009 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrati ve 0 New Business
AGENDA ITEM 0 Consent Agenda IZI Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing 0
RECOMMENDATION: Please place this request as a tabled item on the July 7, 2009 City Commission agenda
under Consent Agenda - Resolutions. The City Commission tabled this request for a second time on June 16th, again at the
request of the applicant to allow further time to resolve issues raised by an adjacent property owner. The adjacent property
owner has raised concerns regarding: the placement of a billboard on the applicant's property in proximity to the adjacent
property owners land; and, the future expansion of the cemetery business to include a crematorium and a mausoleum. The
adjacent property owner, through its attorney, has raised the possibility of a legal challenge based on a contract zoning theory.
The applicant, in conjunction with the requests to table this agenda item, has expressed optimism that all of the adjacent
property owner's concerns and possible challenges can be resolved through a settlement agreement between those two parties,
thus clearing the way for Commission action. Staff continues to endorse this Resolution, which approves and authorizes
execution of an Annexation Agreement as part of the annexation of the Sam's Club property. For further information on this
request, please see the explanation below, the accompanying resolution and proposed annexation agreement.
EXPLANATION: Staff summarized the many issues related to the annexation of the Palm Beach Memorial Park and
Sam's Club properties in prior agenda items to the City Commission, including the October, 2008 item requesting
authorization to enter into a utility extension agreement with Palm Beach Memorial Park (see Attachment "A"), and the April
21 st update report (see Attachment "B"). Staff included in the update report an explanation on the use of separate annexation
agreements to address the principal issues. The subject resolution covers the annexation agreement with Walmart Stores Inc.
The Palm Beach Memorial Park/Sam's Club land use amendment was approved by Commission for transmittal to the DCA on
January 20, 2009, and fmal adoption is now scheduled for July 7th. The annexation agreement primarily achieves the
following: 1) acknowledges the built and compliant status of the existing improvements; 2) recognizes the deficiencies in
landscaping along the southern boundary of the project and requires the rectification of said deficiencies prior to issuance of
any subsequent building permits; 3) acknowledges the plans to add an accessory fuel service center to the property and
remodel portions of the existing fayade and entry; and 4) ensures that any prerequisite code amendments related to fuel sales
would be initiated by the City. A general location map is attached hereto as Attachment "C". Please note that agreement has
been modified since the June 16th meeting. The changes are summarized as follows: the "effective date" text references the
corresponding ordinances with which this item is being processed; an acknowledgment of the compatibility of the existing use
of the property with the City's land use map and zoning regulations; the omitting of text that states the current compliant
status of all existing improvements on the property; and the omitting of text within Section #9 regarding interim permit review
and inspections.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT: This process and corresponding prerequisites are necessary for the ultimate annexation of
approximately 45 acres of land along North Seacrest Boulevard.
FISCAL IMP ACT: The overall annexations (the Palm Beach Memorial ParklSam's Club properties and the pocket
properties) are anticipated to contribute approximately $120,000 to the City's arumal property tax revenues.
AL TERNA TIVES: Not approved the resolution which is a prerequisite to the annexation of the subject property.
'-~ /c'
-"z - - /
,/ A: 'V': \c;~ t ~ _-L~., ~ ~,-- - ~ ___
'/ 'City'Manager's Signature
Assistant to City Manager C~
/"1 /-t I
/. I ~ /-
>~l~g and ~e~ City Anorney I Fmance--
S:\PlanningISHARED\WPIPROJE<tI'SISams Cluh PB MemoriallANEX 09-00 I \Agenda Item Request ;-7-09-Anx Agree Sam's Club (revuloc
S:IBULLETINIFORMS\AGENDA ITEM REQUEST FORM.DOC
, I
I RESOLUTION NO. R09- o8S-
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 BOYNTON BEACH, FLORIDA, APPROVING AND
5 AUTHORIZING THE MAYOR TO EXECUTE AN
6 AGREEMENT BETWEEN THE CITY OF BOYNTON
7 BEACH AND W AL-MART STORES, INC., ADELA W ARE
8 CORPORA TION, REGARDING ANNEXA TION OF W AL-
9 MART STORES ("SAM'S CLUB") PROPERTY INTO THE
10 CITY BOUNDARY.
11
12
13 WHEREAS, WAL-MART STORES, INC. is the fee simple owner of certain real
14 property located in unincorporated Palm Beach County, Florida ("County") which is located at
15 7233 Seacrest Boulevard in the City; and
16 WHEREAS, the Parties desire to annex the Property into the City's municipal
17 boundaries and have initiated the process required by law to enact an ordinance adopting a
18 petition for voluntary annexation of the Property into the City, pursuant to Section 171.044(2),
19 Florida Statutes ("Annexation"); and
20 WHEREAS, O\\-ner has previously constructed certain improvements for commercial,
21 retail and service uses on the Property; and
22 WHEREAS, the parties desire to enter into this Agreement to memorialize and
23 document their understanding and agreement with respect to annexation, future development
24 and use of the Property; and
y WHEREAS, the City Commission of the City of Boynton Beach, upon
-)
26 recommendation of staff, deems it to be in the best interest of the residents and citizens of the
27 City of Boynton Beach to approve the Annexation Agreement between the City of Boynton
28 Beach and W AL-MART STORES, INC..
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
I
i
I
I
I
j
I
1 I ~ection 1. Each \"/hereas clause set forth obG\ C :s lrue and currect ~nd incorporated
'! herein by this reference.
3 Section 2. The City Commission of the City of Boynton Beach. Florida does hereh
4 approve and authorize the Mayor the execute the Annexation Agreement between the Cit\ uj
5 Boynton Beach and WAL-MART STORES INC. to document their understanding and
6 agreement with respect to annexation and subsequent improvement of the Property: a COP) of
7 said Annexation Agreement is attached hereto as Exhibit --A",
8 Section 3. That this resolution becomes effective immediately upon passage.
9
10 PASSED AND ADOPTED this day of June. 2009.
--~~
, , CITY OF BOYNTON BEACH. FLORiDA
1 1
12
13
14 Mayor. Jerry Taylor
15
-- .-'--~'-'-- --,---- --
16 Vice Mayor ,Woodrow L. Ha\
. .
17
--~--~--~-"~ --~---_.,._._, --...- -~._--
18 Commissioner - Ronald Weiland
]9 "
--,...-. --
20 ATTEST: Commissioner ~ Jose Rodriguez
21
--- --,---- ~---_._-~--------- ,----,,----- .----'-- - -- ----~~_.-
II Commissioner. !'..1arlene Russ
--
23 Janet M. Prainito. CMC
24 City Clerk
25
26
27 I (Corporate Seal)
28
I
I
II
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT ("Agreement") is made and entered into this _
day of ,2009 by and between the CITY OF BOYNTON BEACH, FLORIDA, a
municipal corporation ("City"), and W AL-MART STORES, INC., a Delaware corporation
("Owner").
WIT N E SSE T H:
WHEREAS, Owner is the fee simple owner of certain real property located in unincorporated
Palm Beach County, Florida ("County") which is located at 7233 Seacrest Boulevard in the City and
is legally described in Exhibit "A" attached hereto and made a part hereof ("Property"); and
WHEREAS, the Parties desire to annex the Property into the City's municipal boundaries and
have initiated the process required by law to enact an ordinance adopting a petition for voluntary
annexation of the Property into the City, pursuant to Section 171.044(2), Florida Statutes
("Annexation"); and
WHEREAS, the City has determined that the Property is contiguous to the City and
reasonably compact, and the City desires to annex the Property into the City; and
WHEREAS, Owner has previously constructed certain improvements for commercial, retail
and service uses on the Property; and
WHEREAS, the parties believe it is in their mutual best interest to initiate the process
required by law to enable Owner to maintain, operate and develop the Property in accordance with
the terms and provisions of this Agreement; and
WHEREAS, the parties desire to enter into this Agreement to memorialize their
understanding and agreement with respect to annexation of the Property.
NOW, THEREFORE, in consideration of the mutual promises, undertakings, terms and
conditions set forth herein, the parties mutually agree as follows:
1. Recitals: Exhibits. The foregoing recitations are true and correct and are hereby
incorporated herein by reference and are valid and binding on the parties hereto. All exhibits to this
Agreement are incorporated by reference, are hereby deemed a part hereof and are valid and binding
on the parties hereto.
2. Legal Authoritv. This Agreement is entered into under the authority of the Florida
Constitution (including Article VIII, Section 2(b) thereof), the general powers conferred upon
municipalities by statute and otherwise, the Municipal Annexation or Contract Act ("Annexation
Act"), Florida Statutes Section 171.011 et seq., and the City's Charter.
3. Property Ownership. Owner acknowledges and represents to the City that it owns the
Property and has the authority to enter into this Agreement.
4. Application for Voluntary Annexation. This Agreement shall be incorporated mto the
Application for Voluntary Annexation ("Annexation Application"), which 'was previously submitted
to the City, subject to the tenns and conditions of this Agreement.
5. Annexation. Owner previously voluntarily filed the Annexation Application with the
City to annex the Property into the City's boundaries, and the City has initiated the process to
accomplish said annexation in compliance with Section 171.044(2), Florida Statutes, and all other
applicable state and local laws and regulations. The City approved the voluntary annexation ofthe
Property on First Reading on January 20, 2009. The Annexation Application does not become
effective until finally approved by the City Commission on Second Reading.
6. Effective Date. This Agreement shall become effective following final approval of City
Ordinances 09-026, 09-027, 09-003, 09-004,09-005, 09-006, 09-007, 09-008 the Annexation
Application and upon the date the last ofthe parties executes this Agreement.
7. Land Use and Zoning.
(a) The Property is currently designated Commercial High with a maximum 5 dwelling
units per acre (CHIS) on the Palm Beach County Future Land Use Plan Map and is
included within Palm Beach County's General Commercial (CG) zoning category:
and
(b) Concurrent with the Annexation Application, Owner submitted applications to the
City to amend the Future Land Use designation of the Property to Local Retail
Commercial (LRC) and change the zoning designation of the Property to Planned
Commercial Development (PCD). City acknowledges that the existing use of the
Property is compatible with and permitted by the proposed land use and zoning
categories; and
8. Prior County Action. City agrees that consistent with Section 171.062, Florida Statutes
and prior to the effective date of the annexation of the Property, to the extent that County has
processed any changes to the land use or zoning on the Property and approved anyplat(s), site p1an(s)
or other development approvals, City will recognize the effectiveness of said approvals without
requiring re-review or additional approval of the City and will permit construction of any
improvements for which unexpired permits have been issued by the County pursuant to said
approvals.
9. Cooperation In Development Approval Process. The City hereby agrees to cooperate
with Owner in good faith in all aspects of the development review process for the Property. In this
regard, the City agrees that its administrative staffwiIl facilitate all necessary approvals and respond
diligently and expeditiously to all requests and inquiries from Owner regarding such approvals. The
cooperation of the City in facilitating the expeditious development review process does not constitute
an agreement to approve:
(a) Site plans
(b) Variances or waivers
( c) Zoning changes
(d) Certificates of occupancy
(e) Permits (building, electrical, etc. . .)
as approvals ofthat nature are subject to either quasi-judicial review or administrative review by the
City's building official or his designees. Nothing in the Agreement constitutes a promise or
obligation of the City to zone or rezone Owner's property to any zoning designation which is not
consistent with the City's Comprehensive Plan or zoning regulations, as amended from time to time.
Owner acknowledges that the buffer on the south side of the property shall be improved in
accordance with the conceptual landscape plan attached hereto as Exhibit "B". Such improvements
shall be completed prior to issuance of a building permit for any future redevelopment of the
Property.
1 O. Future Development. City acknowledges that Owner intends to seek future approvals
from the City for development of a fuel service center and to remodel portions of the existing store
building substantially in accordance with the Master Plan attached hereto as Exhibit "B". City
further acknowledges that it has reviewed the attached Master Plan in association with the PCD
rezoning application and, pending approval ofthe PCD rezoning application, agrees that the Master
Plan complies with PCD zoning regulations, subject to compliance with applicable development
regulations during the City's site plan review and approval process.
11. Code Amendment. City shall initiate an amendment to its Code of Ordinances in order to
modify right-of-way setback requirements related to fuel service uses within the PCD zoning district
and corresponding PCD zoning application.
12. Use of Property. It is expressly agreed that nothing contained in this Agreement or
otherwise shall be construed to contain a covenant, either express or implied, on the part of Owner to
develop or redevelop the Property, to commence the operation of a business, or to thereafter
continuously operate a business by Wal-Mart on the Property. City acknowledges and agrees that
Wal-Mart may, at W aI-Mart' s sole and absolute discretion and at any time, cease the operation of its
business on the Property.
13. Property Taxes. City acknowledges that upon annexation of the Property, the Property
will be subject to City ad valorem taxes at a millage rate of 6.4553, which is subject to annual
adjustments by the City in accordance with state law.
14. Public Facilities. The City hereby covenants that all public facilities, as defined in
Section 163.3221, Florida Statutes, including, but not limited to, roads, drainage, police and fire
service, sanitation service, parks and recreation service, and general governmental facilities, will be
available to the Property at levels of service consistent with the City's Comprehensive Plan. City
further acknowledges that the Property has previously connected to the City's water and sewer
systems and paid City connection costs associated therewith.
15. Recording. This Agreement shall be recorded in the public records of Palm Beach
County, Florida upon execution by all parties hereto.
16. Necessity of Complying with Local Laws. The parties agree that the failure of thIS
Agreement to address a particular permit, condition, term or restriction shall not relieve Owner of the
necessity of complying with the law governing said permitting requirements, conditions, terms or
restrictions.
17. Default. If the City shall default in any of the terms, covenants and/or provisions OfthlS
Agreement to be performed on the part ofthe City, Owner shall have all rights and remedies against
the City as set forth herein, as well as all rights and remedies available at law and/or in equity.
including, without limitation, the right to specific performance. If Owner shall default in any of the
terms, covenants and/or provisions of this Agreement to be performed on the part of Owner, the City
shall have all rights and remedies against Owner as set forth herein, as well as all rights and remedies
available at law and/or in equity, including, without limitation, the right to specific performance.
18. Assignability. Neither party shall assign this Agreement or any interest hereunder, m
whole or in part, without the prior written consent ofthe other party, which consent may be withheld
for any reason in their sole and absolute discretion.
19. Miscellaneous.
(a) Entire Agreement. This Agreement sets forth all of the promises, covenants,
agreements, conditions and understandings between the parties hereto, and
supersedes all prior and contemporaneous agreements, understandings.
inducements or conditions, express or implied, oral or written.
(b) Pronouns. All pronouns and any variations thereof shall be deemed to refer
to the masculine and neuter, singular or plural, as the identity of the party or
parties, personal representatives, successors or assigns may require.
(c) Severability. The invalidity ofthe provisions hereof shall in no way affect or
invalidate the remainder of this Agreement.
(d) Counterpart. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original. but all of which shall together
constitute one in the same instrument.
(e) Headings. The headings contained in this Agreement are inserted for
convenience only and shall not effect, in any way. the meaning or
interpretation of the Agreement.
(f) Governing Law. This Agreement shall be construed in accordance with the
laws ofthe State of Florida, and any proceeding arising between the parties in
any manner pertaining to this Agreement shall, to the extent permitted by law.
be held in Palm Beach County, Florida.
(g) Binding Effect. The obligations imposed pursuant to this Agreement Up01l
the Property shall run with and bind the Property as covenants running \\'lth
the Property and this Agreement shall be binding upon and enforceable by the
parties hereto, their personal representatives, heirs, successors, grantees.
[THE REMAINDER OF THIS P AGE INTENTIONALLY LEFT BLANK)
IN WITNESS WHEREOF, the parties hereto have executed this Annexation Agreement as 01
the day and year written above.
WITNESSES: W AL-MART STORES, INC.. a Delaware
corporation
By: -.--. -~---~
J. Chris Callaway,
Print Name Regjonal Vice President,
Design & Real Estate
Address: 2001 S.E. 10th Street
Print Name Bentonville, AR 72716-0550
STATE OF )
) SS:
COUNTY OF )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by , as for WAL.
-'
MART STORES, INC., freely and voluntarily, who are personally known tome or who has produced
as identification.
WITNESS my hand and official seal in the County and State last aforesaid this__,__ day of
,2009.
Notary Public
Typed, printed or stamped name of Notary Public
My Commission Expires:
CITY
ATTEST: CITY OF BOYNTON BEACH
By:
City Clerk Mayor
day of ,2009.
APPROVED AS TO FORM:
By:
City Attorney
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LEGAL DESCRIPTION
OF
PARCEL 1
7233 SEACREST BOULEVARD
PARCEL CONTROL NUMBER 0O-43.45-09~23-000-0010
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER (NW1/4) OF SECTION 9, TOWNSHIP
45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND KNOWN AS BEING PARCEL NO, 1 OF
HY-CREST CENTER, AS RECORDED IN PLAT BOOK 64, PAGE 177-178 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY. FlORIDA AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS DISK FOUND AT THE INTERSECTION OF THE CENTERLfNES OF
HYPOLUXO ROAD (WIDTH VARIES) AND SEACREST BOULEVARD (80 FEET WIDE) AND BEING THE
NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SECTION 9;
THENCE SOUTH 02029' 14" WEST ALONG THE CENTERLINE OF SEACREST BOULEVARD AND
THE EASTERLY LINE Of THE NORTHWEST QUARTER OF SECTION 9. 696.58 fEET TO A POINT;
THENCE NORTH 87030'46" WEST, 40.00 FEET TO THE WESTERLY RIGHT-Of-WAY OF SEACREST
BOULEVARD AND BEING THE PRINCIPAL PLACE OF BEGINNING OF THE PREMISES HEREIN
DESCRIBED;
THENCE SOUTH 02029'14" WEST ALONG THE WESTERLY RIGHT-Of-WAY OF SEACREST
BOULEVARD, 522.21 FEET TO A PERMANENT REFERENCE POINT (5/8" IRON PIN CAPPED #3935 FOUND
(0.07 FEET NORTH AND 0.19 FEET EAST) AT THE NORTHEASTERLY CORNER OF LAND CONVEYED TO
KEATLEY INVESTMENTS-PALM BEACH, LLC (PARCEL CONTROL NUMBER 00-43-45-09-05-001-0020 & 00-
43-45-09-00-000-3630) BY DEED DATED DECEMBER 28, 2004 AND RECORDED IN OR BOOK 17943,
PAGE 691 OF THE PUBLIC RECORDS Of PALM BEACH COUNTY, FLORIDA:
THENCE NORTH 88055'16" WEST ALONG A NORTHERLY LINE OF LAND SO CONVEYED TO
KEATLEY INVESTMENTS-PALM BEACH, LLC, 545.43 FEET TO A PERMANENT REFERENCE POINT (5/8"
IRON PIN CAPPED #3935) FOUND;
THENCE SOUTH 03027' 44" WEST ALONG A WESTERLY LINE LAND SO CONVEYED TO KEATLEY
INVESTMENTS-PALM BEACH. LLC, 160.14 FEET TO A PK NAIL & WASHER FOUND IN ASPHALT
PAVEMENT;
THENCE NORTH 88055' 16" WEST CONTINUING ALONG A NORTHERLY LINE OF LAND SO
CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 344.35 FEET TO A 5/8" IRON PIN CAPPED
#3935 FOUND AND DISTURBED ON THE EASTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY NUMBER
95 (1-95);
THENCE NORTH 01001' 59" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF INTERSTATE
HIGHWAY NUMBER 95 (1-95), A DISTANCE OF 180,00 FEET;
THENCE NORTH 36002' 54" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF INTERSTATE
HIGHWAY NUMBER 95 (1-95),143.16 FEET TO A POINT;
THENCE NORTH 10038' 03" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF INTERSTATE
HIGHWAY NUMBER 95 (1-95), 587,24 FEET;
THENCE NORTH Or25' 24" EAST ALONG THE EASTERLY RIGHT-OF-WAY Of INTERSTATE
HIGHWAY NUMBER 95 (1-95), 7.25 FEET TO A 5/8" IRON PIN CAPPED #3935 FOUND AND DISTURBED AT
THE SOUTHWESTERLY CORNER OF LAND CONVEYED TO KRISHNA REALTY, INC. (PARCEL CONTROL
C 6 1 8 \Joltn Mr:reiaild Boulp'\ja~d ~ Ph J ~ 216.4[~1.20JD . Fa! ,~ : .;-+ .9 b:.
~ i P '1 R a r d u h i c- .4.1120i:lllrll ! 1'1 t. :: r ~' e r . .... ':.: \\, ,. '= '\ ( . I~.l n e : ,~
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LAND SURVEYING · CIVIL ENGINEERING · LAND PLANN!NG
NUMBER 00-43-45-09-23-000-0022) BY DEED DATED FEBRUARY 12, 2000 AND RECORDED IN O.R. BOOK
11607, PAGE 332 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO CONVEYED TO
KRISHNA REALTY, INC., 342.66 FEET TO A y,," IRON PIN FOUND (0.06 FEET NORTH AND 0.37 FEET
WEST);
THENCE NORTH 02029' 14" EAST ALONG THE EASTERLY LINE OF LAND SO CONVEYED TO
KRISHNA REALTY, INC., 152.37 FEET TO A POINT AT THE SOUTHWESTERLY CORNER OF LAND
CONVEYED TO TACO BELL OF AMERICA, INC. (PARCEL CONTROL NUMBER 00-43-45-09-23-000-0030) BY
DEED DATED DECEMBER 28, 1999 AND RECORDED IN O.R. BOOK 11529, PAGE 866 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO CONVEYED TO
TACO BELL OF AMERICA, INC., 187.21 FEET TO A W IRON PIN FOUND (0,12 FEET SOUTH AND 0.33 FEET
WEST);
THENCE NORTH 02029' 14" EAST ALONG THE EASTERLY LINE OF LAND SO CONVEYED TO TACO
BELL OF AMERICA, INC" 301.75 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF AFORESAID
HYPOLUXO ROAD;
THENCE SOUTH 88053' 16" EAST ALONG THE SOUTHERLY RIGHT-OF-WAY OF HYPOLUXO
ROAD, 54.00 FEET TO A POINT AT THE NORTHWESTERLY CORNER OF LAND CONVEYED TO MOBIL OIL
CORPORATION (PARCEL NO.6) (PARCEL CONTROL NUMBER 00-43-45-09-00-000-3070) BY DEED DATED
APRIL 03, 1972 AND RECORDED IN O.R. BOOK 1997, PAGE 176 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA;
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO CONVEYED TO
MOBIL OIL CORPORATION, 137.00 FEET TO A PERMANENT REFERENCE POINT (5/8" IRON PIN CAPPED
#3935) FOUND (0,01 FEET SOUTH AND 0.16 FEET WEST) AT THE NORTHWESTERLY CORNER OF LAND
CONVEYED TO MICHEL P. BARBERIS (PARCEL CONTROL NUMBER 00-43-45-09-23-000-0040) BY DEED
DATED APRIL 20,2004 AND RECORDED IN O.R. BOOK 16830, PAGE 1291 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA;
THENCE SOUTH 11031'09 WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED TO MICHEL
P. BARBERIS, 60.75 FEET TO A POINT;
THENCE SOUTH 02029'14" WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED TO MICHEL
P. BARBERIS, 142.00 FEET TO A POINT;
THENCE SOUTH 87030'46" EAST THE SOUTHERLY LINE OF LAND SO CONVEYED TO MICHEL P.
BARBERIS, 147.50 FEET TO THE WESTERLY LINE OF TRACT "A" USED FOR RIGHT-OF-WAY OF
SEACREST BOULEVARD OF SAID HY-CREST CENTER;
THENCE SOUTH 02029'14" WEST ALONG THE RIGHT-OF-WAY OF SEACREST BOULEVARD, 40.00
FEET TO A PK NAIL & WASHER FOUND IN ASPHALT PAVEMENT (0.10 FEET NORTH, 0.22 FEET WEST)
AND BEING THE NORTHEASTERLY CORNER OF LAND CONVEYED TO WAL-MART STORES, INC.
(PARCEL 5) (PARCEL CONTROL NUMBER 00-43-45-09-23-000-0050) BY DEED DATED JANUARY 24, 1989
AND RECORDED IN OR. BOOK 5945, PAGE 1460 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA;
THENCE NORTH 8r30'46" WEST ALONG THE NORTHERLY LINE OF LAND SO CONVEYED TO
WAL-MART STORES, INC. (PARCEL 5), 166.00 FEET TO A P.K. NAIL SET IN ASP HAL T PAVEMENT;
261 8 North Moreland Boulevard II Phone 216.491.2000. Fax 216.491.9640
r.leveland, o h ; 0 . 4 4 1 2 0 .:.~ 0: ::':': Internet . www.rlverstonesurvey.com
- - --..---
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LA.NO SURVEYiNG · C:!V'L ENG!.NEER!NG · LAf\O P'jINNiNi;
THENCE SOUTH 02029' 14" WEST ALONG THE EASTERLY LINE OF LAND SO CONVEYED TO WAL,
MART STORES, INC. (PARCEL 5), 260,00 FEET TO A 5/8"X30" IRON PIN CAPPED (RIVERSTONE CO
DUDLEY LS6527) SET;
THENCE SOUTH 8r30'46" EAST ALONG THE SOUTHERLY OF LAND SO CONVEYED TO WAL-
MART STORES, INC. (PARCEL 5), PASSING THROUGH A PERMANENT REFERENCE POINT (5/8" IRON PIN
CAPPED #3935) FOUND (0.07 FEET SOUTH AND 0.12 FEET WEST) AT 166.00 FEET, A DISTANCE OF
178.00 FEET TO THE PRINCIPAL PLACE OF BEGINNING AND CONTAINING 14.7961 OF LAND AS
SURVEYED AND DESCRIBED BY EDWARD B. DUDLEY, L.S. NO. 6527 OF THE RIVERSTONE COMPANY IN
OCTOBER OF 2008, BE THE SAME MORE OR LESS, BUT SUBJECT TO ALL LEGAL HIGHWAYS,
EASEMENTS AND RESTRICTIONS.
All 5/8"X30" IRON PIN SET AND CAPPED (RIVERSTONE CO DUDLEY LS6527)
DEED OF REFERENCE
LAND CONVEYED TO WAL-MART STORES, INC. BY DEED DATED JANUARY 24,1989 AND RECORDED IN
OFFICIAL BOOK 5945, PAGE 1460 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
BASIS OF BEARINGS:
THE CENTERLINE OF SEACREST BOULEVARD AS SOUTH 02029'14" WEST AS RECORDED IN HY-CREST
CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 64, PAGE 177-178 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
,.\111111""
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261 8 North rvoreland Boulevard .. ~;.. ".
C,eveiand J h i 0 . 4 4 ~ 2 0 " I r t e r' n e '. . W II' W i ; ,,' :t'~.ff,S
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LAND SURVEYING · CIVIL ENGINEERING · LAND PLANNING
CLOSURE
North: 4748,19 East: 4943.64
Line Course: S 02-29-14 W Length: 522.21
North: 4226.47 East: 4920.98
Line Course: N 88-55-16 W Length: 545.43
North: 4236.74 East: 4375.65
Line Course: S 03-27-44 W Length: 160,14
North: 4076.89 East: 4365.98
Line Course: N 88-55-16 W Length: 344.35
North: 4083.37 East: 4021.69
Line Course: N 01"()1-59 E Length: 180.00
North: 4263.35 East: 4024.93
Line Course: N 36"()2-54 E Length: 143.16
North: 4379.09 East: 4109.18
Line Course: N 10-38-03 E Length: 587.24
North: 4956.25 East: 4217.54
Line Course: N 07-25-24 E Length: 7.25
North: 4963.44 East: 4218.48
Line Course: S 87-30-46 E Length: 342.66
North: 4948.57 East: 4560.82
Une Course: N 02-29-14 E Length: 152.37
North: 5100.79 East: 4567.43
Line Course: S 87-30-46 E Length: 187.21
North: 5092.67 East: 4754.46
Line Course: N 02-29-14 E Length: 301.75
North: 5394.13 East: 4767.56
Line Course: S 88-53-16 E Length: 54.00
North: 5393.09 East: 4821.55
Line Course: S 02-29-14 W Length: 137.00
North: 5256.22 East: 4815.60
Line Course: S 11-31-09 W Length: 60.75
North: 5196.69 East: 4803.47
Line Course: S 02-29-14 W length: 142.00
North: 5054.82 East: 4797.31
Line Course: S 87-30-46 E Length: 147.50
North: 5048.42 East: 4944.67
Line Course: S 02-29-14 W Length: 40.00
North: 5008.46 East: 4942.93
Line Course: N 87-30-46 W Length: 166.00
North: 5015.66 East: 4777.09
Line Course: S 02-29-14 W Length: 260.00
North: 4755.91 East: 4765.81
Line Course: S 87-30-46 E Length: 178.00
North: 4748.18 East: 4943.64
Perimeter: 4659.01 Area: 644,518 sq.ft. 14.7961 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.00 Course: S 19-24-21 W
Error North: -0.003 East: -0.001
Precision 1: 4,659,020,000.00
I rJ ~~ /cP-t
261 8 North Moreland Boulevard . Phone 216.491.2000 . Fax 216.491.9640
Clpveland. o hiD . 441 2 0 Internet . www,riverstonesurvey.com
,-
EXHIBIT A.
R ~" 'J'" " ,"-'-"'" "--"--"11~
' . . ".... jf'';;' r..~. "::51
~ ~~ ~\;( ~) ;~'"~: -"
~ t- 0 ~ '\ ,......"~~1i""'....t.~....''''~ 0 -"~'('I~~ ~ PARCEL 5
~Af\'D SURVEYiNG · r:!\/IL [r-JG!N~Eq!NG . L~~lJ OLtt\~t\!I~~
LEGAL DESCRIPTION
OF
VACANT LAND - PARCEL 5
PARCEL CONTROL NUMBER 00-43-45-09-23-000-0050
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER (NW1/4) OF
SECTION 9, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, AND KNOWN AS BEING PARCEL NO.5 OF HY-CREST CENTER, AS
RECORDED IN PLAT BOOK 64, PAGE 177-178 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA AND BEtNG FURTHER BOUNDED AND
DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS DISK FOUND AT THE INTERSECTION OF THE
CENTERLlNES OF HYPOLUXO ROAD (WIDTH VARIES) AND SEACREST
BOULEVARD (80 FEET WIDE) AND BEING THE NORTHEAST CORNER OF SAID
NORTHWEST QUARTER OF SECTION 9;
THENCE SOUTH 02"29' 14" WEST ALONG THE CENTERLINE OF SEACREST
BOULEVARD AND THE EASTERLY LINE OF THE NORTHWEST QUARTER OF
SECTION 9, 696.58 FEET TO A POINT;
THENCE NORTH 8r30'46" WEST, 52.00 FEET TO A PERMANENT
REFERENCE POINT (5/8" IRON PIN CAPPED #3935) FOUND ON THE WESTERLY
LINE OF TRACT "A" USED FOR RIGHT-OF-WAY OF SEACREST BOULEVARD AND
BEING THE PRINCIPAL PLACE OF BEGINNING OF THE PREMISES HEREIN
DESCRIBED;
THENCE NORTH sr30'46" WEST ALONG A NORTHERLY LINE OF LAND
CONVEYED TO WAL-MART STORES, INC, (PARCEL 1) (PARCEL CONTROL
NUMBER 00-43-45-09-23-000-0010) BY DEED DATED JANUARY 24, 1989 AND
RECORDED IN OR. BOOK 5945, PAGE 1460 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, 166.00 FEET TO A 5/8"X30" IRON PIN CAPPED
(RIVERSTONE CO DUDLEY LS6527) SET;
THENCE NORTH 02029'14" EAST ALONG A EASTERLY LINE OF LAND SO
CONVEYED WAL-MART STORES, INC. (PARCEL 1), 260.00 FEET TO A P.K. NAIL
SET;
THENCE SOUTH Sr30'46" EAST ALONG A SOUTHERL Y LINE OF LAND SO
CONVEYED TO WAL-MART STORES, INC. (PARCEL 1),166.00 FEET TO A P.K.
NAIL AND WASHER FOUND IN ASPHALT PAVEMENT AND BEING THE WESTERLY
RIGHT-OF-WAY OF SEACREST BOULEVARD;
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY RIGHT-OF-WAY
OF SEACREST BOULEVARD, 260.00 FEET TO THE PRINCIPAL PLACE OF
BEGINNING AND CONTAINING 0.991 ACRES OF LAND AS SURVEYED AND
261 8 Nortr M Ii rei a ~ d ' d ~'. P ,J 'I '" - ^ ~. c - , ~ ,', . q I '
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LAND SURVEYiNG · CIVIL ENGINEERING. LAND PLMJNING
DESCRIBED BY EDWARD B. DUDLEY, L.S. NO. 6527 OF THE RIVERSTONE
COMPANY IN OCTOBER OF 2008, BE THE SAME MORE OR LESS, BUT SUBJECT
TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS.
ALL 5/8"X30" IRON PIN SET AND CAPPED (RIVERSTONE CO DUDLEY LS6527)
DEED OF REFERENCE:
LAND CONVEYED TO WAL-MART STORES, INC. BY DEED DATED JANUARY 24,
1989 AND RECORDED IN OFFICIAL BOOK 5945. PAGE 1460 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
BASIS OF BEARINGS:
THE CENTERLINE OF SEACREST BOULEVARD AS SOUTH 02029'14" WEST AS
RECORDED IN HY-CREST CENTER, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 64, PAGE 177-178 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA;
CLOSURE
North: 4748.71 East: 4931.65
Line Course: N 87-30-46 W Length: 166.00
North: 4755.91 East: 4765.81
Line Course: N 02-29-14 E Length: 260.00
North: 5015.67 East: 4777.09
Line Course: S 87-30-46 E Length: 166.00
North: 5008.46 East: 4942.94
Line Course: S 02-29-14 W Length: 260.00
North: 4748.71 East: 4931.65
~~:, ~!.~:r ~ ,1 ~ j II,
Perimeter: 852.00 Area: 43,160 sq.ft. 0.9908 acres ,\ ,.) ~ r) "
.>~. .;'\1'" ' 0, (;0. "
.... . ~)>., . ~ ~... <.',
..;' ~~". . ,..,;. (\11/.... ~'..
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.: ;~:.;'..'-:<{r', i ~;r-,. ~... ~
Error Closure: 0.00 Course: S 90-00-00 E . . '..' \\.('., .".1<,7 : ex::. _
Error North: 0.000 East: 0.000 '~;:" :;'-, ;-":.' j I J
Precision 1: 852,000,000.00 "~n' '.'.r.-,I').\.~..
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f _ AM) STORAGE AFTER THfCOORAC1 t'llLESTOtE DATE fOR me OUTLOT --~ - - --- -- __ __ DATE: 1J>RIL 2009
, WM GENERAl CQNTR.IoCTOR TO PRCNIOE O-EAR ACCESS fOR OUTLOT - >-- - ---
~ CONTRACTOR TO T1-IE Slf:CIFIC PARCEL AT ALL TIMES AfT~ MILES1QNf l<<lR2- SCAlE t" - liD'
l DATE. I'tR01A:lER 01' OUTlOT TO PROVIDf PERMIT DOO..t1ENTS AND VERT SC,I,U
!, SWPPf' RfOOlRE:D lilY STATEIl.OCAL REl1UIfEHENTS fOR SPECIFIC OUTlor
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A TT ACHMENT A
- VI-CONSENT AGENDA
- ITEM J.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Dale Final Form Must be Turned Requested City CommissIOn Date Final Form Must be Turned
Meeline Dales in 10 Citv Clerk's Office Meetinc Dates in to Cnv Clerk's Office
0 August 19,200& August 4,200& (Noon) [ill Octo bet 21, 200& Ocrober 6.200& (Noon)
0 September 2. 200& August lB. 200& (Noon) 0 November 5, 200& October 20, 200& (Noon)
0 September 16,200& September 2. 200& (Noon) 0 November 1&, 200& November 3, 200& (Noon)
0 Ocrober i, 2008 September J 5,2008 (Noon) 0 December 2. 2008 November 17, 200& (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
REeD M MEND A TIO N: Possi b I e Annexation of Property at Hypo luxe and Seacrest - Authorize Staff to enter into util ity
extension agreement with Palm Beach Memorial Park with a cost recovery of City costs over a 10 year period. Authorize
staff to prepare amendment of2001 Billboard Consent Decree.
EXPLANA nON: The City has been discussing the annexation of Palm Beach Memorial Park, a 25.6 acre parcel of property
located on the west side of Seacrest near Hypoluxo. The property is used as a cemetery and funeral home. The City
previously entered into water and sewer pre-annexation agreements with property to the north which includes a Sam's Club,
Best Western Hotel, Popeye's Chicken, Taco Bell and Pizza Hut, The terms of the agreement require these parcels to annex
to the City when they become contiguous to the City limits. The path to gaining contiguity is annexation of the cemetery
property. Recently, the City was also contacted by Sam's Club because they desire to install a retail fueling facility at this
store. Staff suggested that Sam's Club work with Palm Beach Memorial Park to consider a joint application for annexation.
Staff met with representatives of both Sam's Club and Palm Beach Memorial Park last week to further discuss the annexation.
Palm Beach Memorial Park desires to hook up to the City's utility system for the two buildings on their property (Funeral
Home and Office). The estimated cost of the extension of utilities to serve both buildings is between $100,000 and $110,000,
according to Boynton Beach Utilities. While the lines would be constructed by a private contractor, Palm Beach Memorial
Park has requested City cost participation in the construction of these lines. Staff is proposing that Palm Beach Memorial
Park pay for $30,000 of the utility and fee costs with the balance of the project costs be paid by the City with a 10 -year
payback provision as part of a utility bill surcharge. Palm Beach Memorial Park has tentatively agreed to this arrangement.
In addition, the cemetery is requesting authorization from the City to allow the installation of the one of two remaining J-95
billboards from the 2001 Consent Decree, This would provide a revenue stream for the property owner. Location of a
billboard on the cemetery property will require that the Consent Decree be amended. Subject to an acceptable location of the
sign on the cemetery property, staff supports the location of one of the two remaining billboards onto the cemetery property.
The working relationship between the City and Hardin Holdings (the billboard company) has been very good. Sam's Club
upon annexation proposes to install the retail fueling facility, which is very similar to the one at B1's Wholesale Club,
PROGRAM IMPACT: The annexation of Palm Beach Memorial Park will allow the City to also annex the commercial
property at the SW corner of Hypo luxe and Seacrest. All businesses except the gas station at the SW corner have signed
utility pre-annexation agreements with Boynton Beach. Because the proposed land use amendment requires review by the
Florida Department of Community Affairs (DCA) as part of the semi-annual program review, the annexation cannot take
place until calendar year 2009 meaning that the City will not receive property taxes until 2010.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT: Based on the 2008 propert;v' tax rate 01.64553. the assemblage of pro perry will contribute 5;120,0(11
annualh \0 the City in properry tax revenues beginning in 20JO, The estimate j" based on the foliowmg ::aiculations
Property TllK Calculation - Seacrest/Hypoluxo Annexation 2008 BB Rate ,';' ('.<: SS~:
Drojec~ec
BUSiness Name Address Street peN 2008 Value Taxes tc; BE'
"cr PAPA Site 2005 \=;a\'
Sam's Club 7233 Sea crest Blvd 00-43-45-09- 23 -000-00 1 0 - 10,222/556 i ,,,,: 99C
Best Western 7051 Sea crest Blvd 00-43-45-09-23-000-0022 s '1,604,099 $ ':.. ~-."
Taco Bell/Pizza Hu\ 7035 Seacrest Blvd 00-43-45-09-23-000-0030 S 1.358,275 - 761'.
Popeyes Chicken 7049 Seacrest Blvd 00-43-45-09- 23-000-0021 .. 869 583 S
Palm Beach Memoriai Park 3691 Sea crest Blvd 00-43-45-09-05-001-0020 .. : .580 DOC " - ~(?
:os, Annual tc Cltv ;, , .. ,
I Mter 1/1.'20JOI
KB: 10/12(08
AL TERNA TIVES: Do not authorize staff to enter into the utility cost-sharing agreement and the amendment to the
billboard consent decree with Palm Beach Memorial Park, This will stop the annexation discussions with Palm Beach
Memorial Park and cause Sam's Club to either abandon their business expansion plans, seek annexation 10 the Town c,:
Lantana or secure approval of their expansion plan from Palm B each County even though they prefer annexation inte'
Boynton BelD. \
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A TT ACHMENT B
IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM E
AGENDA ITEM REQUEST FORNI
Requested City Date Final Fonn Must be I Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
rXI Anril 2 L 2009 Anri16,2009ONoon) 0 June 16, 2009 June 1, 2009 (Noon)
rl May 5, 2009 Auril 20. 2009 (Noon) [ 1 Julv 7, 2009 June 15,2009 (Noon)
1T May 19,2009 Mav4, 2009 (Noon) [J Julv 21. 2009 July 6.2009 (Noon)
I 0
0 June 2. 2009 Mav 18, 2009 (Noon) August 4, 2009 July 20, 2009 (Noon)
AnnouncementslPresentations
NATURE OF Administrative
AGENDA ITEM
al Settlements
RECOMMENDATION: Please place this request on the April 21, 2009 City COnmllssion Agenda under City
Manager's Report. This item is a Status Report on the Voluntary Annexation of the Palm Beach Memorial Park and Sam's
Club propeIties.
EXPLANATION: The Palm Beach Memorial Park/Sam's Club land use amendment was approved by Connnission
for transmittal to the DCA on January 20,2009, and we understand that the DCA has completed its review without objections
(written confinnation from the DCA is expected this week). This is not a simple annexation; there are many issues
accompanying it which staffhas at least partially explained in the initial infonnation item presented to the Connnission in
October of2008, and within the project staff report. The issues are best summarized individually, along with the
corresponding solutions and status. The issues are as follows:
I) Creation of unincorporated "pocket" - This "pocket" is created by the annexation of the uniquely figured Sam's
Club property which includes a "froger" extension north to Hypoluxo Road. This includes an access road for Sam's Club but
which is also the sole access drive for three unincorporated properties (consisting of I hotel and 3 restaurants). Consequently,
access to the unincorporated properties will be severed by the incorporation (although physical access is maintained),
therefore arguably failing the "compactness" test of Florida Statutes, which is an issue raised by County staff. SOLUTION:
Execute an ILA with the County. Since the properties are also subject to a water service/annexation agreement similar to the
Sam's Club property, they are annexable once contiguous, which will be attained following annexation of the Memorial Park
and Sam's Club properties. The ultimate annexation of the three properties would resolve the compactness issue raised by the
County, and as an interim measure and evidence of intent, city staff offered to enter into an ILA that would document the
city's plan to annex this "pocket". STATUS: The ILA has been drafted by County staffand will be considered by the City
COImnission concurrent with the final adoption oftbe annexation ordinance (see below for status). Although the !LA was also
to transfer public safety responsibility (for the pocket and adjacent Hypoluxo Road) to the City in advance of annexation, the
Sheriff's Office prefers to continue providing service until ultimately annexed into Boynton Beach.
2) Conditions of annexation - Recall that representatives for the properties both have conditions of annexation to
ensure the successful implementation of their respective business plans andlor to avoid uncertainty relative to utility hook-up
costs. More specifically, the issues include the immediate desire to lease space for a billboard, the eventual plans to build a
crematorium, the riming of installation of and payment for utility hookups, and the planned addition of accessory fuel sales to
the Sam's Club operation. SOLUTION: Annexation agreements will be considered for execution concurrent with adoption of
the annexation ordinance. An agreement with the respective property owners will achieve the necessary recognition,
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BO)(NTON BEACH
AGENDA ITEM REQUEST FORM
comnurment. documentation, necessary in connectlon WIth the needs of the two property owners, With respect [(I rh"
billboard, its ultimate location on the property will be pursuant to the proVIsions of a 200] settlemem agreement. WDlC"
requires it to be separated from a residential use by at least 250 feet. 11 should also be noted that one commitment wii: lr;:!uo::
as anticipated, the nmely amendment of the City's LDRs to amend setback requirements appl1cable w accessory fuel sa!'
operations m a Planned Commercial Development zoning district (PCD), STATUS: The agreements are In the process,,'
being drafted, through the necessary communications between the agent for the applications and the CIty Arromey Til':
agreements will be forwarded for Commission consideration concurrent WIth Final Reading of the annexation ordma!l~:t
Lastly, the applicant has requested an amendment to the 2001 billboard c.onsent decree to allow placement 0:' c billboarc '"'
setback of 150 feet. This request is belllg reviewed by City staff.
As for the DCA's review process, the proposed amendment to the City's Comprehensive Plan Future Land l;se Map hao lo,'eJ
reviewed by the State (the State does not review the corresponding applications for annexation and rezonmgl A verb~
informal communication was received from the State indicating that the State's review was iimshed and there would h, !;,
objections raised. Staff anticipates receiving the official \vritten notice from the State this week. Once received, the Cn:, ma..
proceed to the adoption stage which includes another legal notice placed in the newspaper. Depending upon the staM D: th,'
correspondmg annexation agreements, staff anticipates placmg this OD either the May 19" or June 2fiC ComrlllsslOn agencic,
PROGRAM IMPACT: This process and corresponding prerequlSltes are necessary for the ultimate almexanon 01
approximately 45 acres ofland along North Seacrest Boulevard,
FISCAL IMPACT: The overall annexations (the Palm Beach Memonal Park/Sam' s Club propenies and the pocke'
properties) are anticipated to contribute approximately $l20.000 to the City's annual property tax revenues
ALTERNATIVES: Information only: no action IS reqUIred at thIS tIme
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Meeting Minutes
Regular City Commission
Boynton Beach, FL April 21, 2009
-----
The original motion passed 4-1. (Commissioner Weiland dissenting)
D. Discussion regarding Energy Efficiency and Conservation Block Grant
Ms. Lejeune explained the American Recovery and Reinvestment Act (ARRA) was the stimulus
funding and a team had been established with staff from the City and CRA to diligently search
for funding possibilities. Other funds have already been sought and now the Energy Efficiency
and Conservation Block Grant is targeted to reduce fossil fuel emissions, total energy use and
improve energy efficiency in the building and transportation sector. The team reviewed the
priorities and created a program to submit for award. The program would create a revolving
loan fund program to provide energy efficiencies for both private and public buildings.
Partnerships with other governmental agencies as well as private organizations could be formed
to coordinate and facilitate even greater use of the funding. It could also be structured to be
available for low income families and provide assistance applying for other funds. In total, the
grant monies would stimulate the economy, create new jobs and increase permit applk:ations.
Ms. Lejeune further reported $250,000 would be available to hire a consultant to create the
energy efficiency conservation strategy required to meet the funding criteria. Staff
recommended the Commission allow the application to be submitted to create the scrategy,
develop the revolving loan fund program and public facilities energy audit and retrofit. Mayor
Taylor established there would be no match in funding required by the City. Administrative
custs would be included in a $75,000 allotment. After those funds were exhausted there may
be additional administrative costs to keep the program active.
Motion
Commissioner Ross moved to endorse the submittal of the application through ARRA for the
Energy Efficiency and Conservation Block Grant. Vice Mayor Hay seconded the motion. The
motion passed unanimously.
E. Status Report on the Voluntary Annexation of the Palm Beach Memorial PJrk and
Sam'5 Club properties.
Mr. Rumpf reported the annexdtion continues to move forward jointly for over 4~) acres
including the Sam's Club properties and Palm Beach Memorial Park. A resolution wl)uld be
needed to cover an interlocal agreement with Palm Beach County relating to the State law of
annexation requiring compactness. There is a pocket created that could only be accessed
through a shared drive with Sam's Club that can only be annexed once it becomes contiguous
to the City boundaries. It includes a hotel and restaurants. Mr. Rumpf indicated the expansion
of utilities and a billboard to the cemetery property and a fuel pump operation for Sam's Club
are part of the annexation agreements and may be amendments to the settlement.
x. FUTURE AGENDA ITEMS:
A. Options for Hurricane Protection Project for 1913 Schoolhuuse Children's t'>1useum
(Deferred pending future grant opportunities)
XII. - LEGAL
ITEM E.!
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM - ~ .'l'L....i"
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Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be .. ..~'"t ;-11
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement ~ (..~ ...':>
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Dates Office :I:
[gJ July 7, 2009 June] 5, 2009 June 10,2009 June 8. 2009
D July 2], 2009 July 6, 2009 July 1. 2009 June 29, 2009
D August 4. 2009 July 20, 2009 July 15. 2009 July] 3.2009
D August] 8. 2009 August 3, 2009 July 29. 2009 July 27. 2009
D Announcements/Presentati ons D City Manager's Report
NA TURE OF D Administratiye D New Business
AGENDA ITEM D Consent Agenda [gJ Legal
D Code Compliance & Legal Settlements D Unfinished Business --
D Public Hearing D
RECOMMENDATION: Authorize the City Attorney's Office to file a lawsuit to foreclose on Code Enforcement
Liens totaling $508,336.48 as of June 15,2009, held by the City on real property owned by Gail Luchey and Andrew Luchey,
located at 124 NW lOth A venue and I 18 NW ] Oth A venue, Boynton Beach, Florida!
EXPLANA TION: The properties located at I 18 NW lOth A venue and 124 NW lOth A venue have been a source of
ongoing code violations. The City is seeking authority to foreclose on two liens which the City has recorded against the
property owned by Gail Luchey and Andrew Luchey.
SITE PLAN MATTER
. Code Enforcement Case No. 08- I 568 involves a failure to maintain property pursuant to Chapter 15, Article IX-15- I 20
(B) and Chapter IS, Article 9-15-120 (E) and Part 111 of the City of Boynton Beach Land Development Regulations,
Chapter 120, Article VIII, Section IG. The Code Enforcement Board found a violation, and certified a fine and imposed
a lien on the property.
. The property owners brought the violation certified in Case No. 08- I 568 into compliance on September] 7,2008. As of
the date of compliance, the accrued fine for the lien in Case No. 08- I 568 is $ I 5, 134.12.
. Code Enforcement Case No. 07-2] 41 involves a failure to maintain property pursuant to the Boynton Beach
Amendments to the Florida Building Code. As of this date, the violation has not been brought into compliance. The
accrued fine for the lien in Case No. 07-214 I is $132,434. I 2 as of June 15. 2009. The fine will continue to accrue until
compliance is certified by the City at the rate of $200.00 per day.
. The property located at 118 NW lOth A venue is appraised by the county as follows:
Improvement Value: $115.654.00
Land Value: $59,816.00
Total Market Value: $175,4 70.00
. Code Enforcement Case No. 08-1567 involves a failure to maintain property pursuant to Chapter 15, Article IX-15-120
(B) and Chapter 15. Article 9-15-120 (E) and Part III of the City of Boynton Beach Land Development Regulations.
S \BULl.ETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Chapter] 20, Article VIII, Section I G. The Code Enforcement Board found a violation, and certified a fine and imposed
a lien on the property.
. The property owners brought the violation certified in Case No. 08-1567 into compliance on September 17, 2008. \ 'i III
the date of compliance, the accrued fine for the lien in Case No. 08- ] 567 is $16,634.] 2.
. Code Enforcement Case No. 07- ] 381 involves a failure to maintain property pursuant to the Boynton Beach
Amendments to the Florida Building Code, As of this date. the violation has not been brought into compliance The
accrued fine for the lien in Case No. 07-] 381 is $344,134,] 2 as of June] 5, 2009, The fine will continue to accrue until
compliance is certified by the City at the rate 01'$500.00 per da)'
. The property located at 124 NW 10th A venue is appraised by the county as follows:
Improvement Value: $] ]8.015,00
Land Value: $67,648.00
Total Market Value: $185,663,00
The City Attorney's Office has reviewed the title work for both the property located at 124 NW loth A venue. and the pro pert)'
located 118 NW loth Avenue, and each property is encumbered by a mortgage in the amount of $140,000.00, Both
mortgages were recorded on May 28, 2004, and are each for a tem of twent}-tive (25) years, Each mortgage has priorlt:
over the City's Code Compliance Board Lien, and would survive the foreclosure
Pursuant to the requirements of Chapter] 62, Florida Statutes, the City's request to authorize foreclosure was approved by the
City's Code Enforcement Board on April 15, 2009,
PROGRAM IMPACT: The properties located at 118 NW loth Avenue and J24 NW loth Avenue have been a source uf
ongoing code issues, and despite knowledge of the violations and directions of hOlA to comply, the property owners did not
bring the violations into compliance prior to the date in the board orders. The properties continue to be an ongoing source of
violations. Foreclosure of the liens will enable the City or another party to obtain title of the property located at 1 ] 8 NW IOlh
A venue and 124 NW 10lh A venue. subject to the respective mortgages, unless the matter is settled through the course oj
litigation.
FISCAL IMPACT:
To date, the City has incurred administrative expenses and staff time in processing the Code Compliance matters. Additional
legal fees and expenses will be incurred in the event the City Commission determines to foreclose the code or compliancl:
board lien. However, a successful foreclosure action should enable the City to recover its costs and expenses incurred in
enforcing its liens against Andrew and Gail Luchey,
AL TERNA TIVES:
The City could permit the lien in case 07-2141 to continue to accrue at the rate of $200,00 per day until compliance and cast'
07 -1381 to continue to accrue at the rate of $500.00 per day until compliance )
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<; \Bl 'L1 LTIN'.FORMS'v\(iENDA ITEM REC)l'EST FURM DUC
TITLE SEARCH
Showing Ownership and Encumbrances
Fund File Number: 06-2009-2900-A 1
Provided For: City of Boynton Beach Agent's File Reference: peN :08-43-45-21-09-000-0031
Effective Dates: From December 18, 2002 at 8:00 AM
To June 3, 2009 at 11 :00 PM
This title search commences from the date of the last outstanding institutional first mortgage on the
property. If there is no outstanding mortgage, the search commences with the date record title vested
in the current record owner.
Description of Real Property Situated in Palm Beach County, Florida.
Lot 3, LESS the East 7.5 feet and the East 22.5 feet of Lot 4, Hilltop Village, according to
the map or plat thereof as recorded in Plat Book 24, Page 70, Public Records of Palm
Beach County, Florida.
Apparent Title Vested in:
Gail Luchey by Warranty Deed
Recorded in: O.R. Book 14559, Page J 192
This search does not cover matters other than those recorded in the Official Records Book of the
county and does not assure the legality or validity of the referenced instruments.
Ad Valorem tax information is not provided.
Prepared this 15th day of June, 2009. Attorneys' Title Insurance Fund, Inc.
Prepared by: Debra O'Connor, Examiner
Phone Number: 640-3700
Rev.O.O
Page 1 of2
TITLE SEARCH
Showing Ownership and Encumbrances
Fund File Number: 06-2009-2900-A]
ENCUMBRANCES
] , Taxes for the year 2009. which are not yet due and payable.
I Mortgage to HomeBanc Mortgage Corporation, mortgagee(s), recorded under O.R. Book] 7053.
_.
Page 492, as assigned to Mortgage Electronic Registration Systems, Ine., assignee, by assignment
recorded December 28, 2007, under O.R, Book 22335, Page] 648. Public Records of Palm Beach
County, Florida.
3. Code Enforcement Lien against Andrew Luchey by City of Delray Beach recorded in O.R. Book
22734, Page 1257, Public Records of Palm Beach County, Florida
4. Code Enforcement Liens against Gail Luchey by City of Boynton Beach recorded in O.R. Book
22921. Page 534 and O.R. Book 22] 85, Page 67], Public Records of Palm Beach Count).
Florida.
A 20-year name search has been performed on parties acquiring an interest within the time period
covered by this search.
This Title Search is prepared andfurnishedfor information only. It is not an opinion of title and may
not be used as a title base for the issuance of a title insurance commitment and/or policy, nor should it
be used for the preparation of foreclosure proceedings or other litigation. Maximum liability for
incorrect information is $1000 under Sec. 627.7843, F.S.
Page 2 of 2
I
111111111111111111111I
CFN 20070477999
OR BK 22185 PG 0671
~ RECORDED 10/16/2007 08246257
Pal. IIftcb CouDty, Florida
"-///}~ SharoD R. Bock, CLERK &. COIIPTROU.ER
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\~, CODE COMPLIANCE BOARD
(,/-';1 CITY OF BOYNTON BEACH, FLORIDA
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(09 CASE NO. 07-1381
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CITY OF BO~~N BEACH,
Petitioner ,-,s '::S'l,
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GAil LUCHEY \[/ j;',;
Respondent(s). Y;/>("'3)
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ORD~fOSING PENAL TIES/LIEN
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THIS CAUSE came before~ii~)!c hearing before the Code Enforcement
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Board of the City of Boynton Beach. FI~m, Julv 18. 2007. after due notice to the
Respondent(s), at which time the Board heard testimony under oath, received
evidence, and issued its findings of fact and conclusions of law and thereupon issued
its oral order which was reduced to writing and furnished to the Respondent(s).
Said Order required the Respondent(s) to take certain corrective action by
the time certain, as more specifically set forth in that Order with a compliance date of
Julv 28. 2007.
Under oath, the Code Officer testified to the Board that the required
Page 1 of 2
Book22185/Page671 Page 1 of 5
corrective action was not taken as ordered. This case did not comply.
Accordingly, it having been brought to the Board's attention that the
,,~J~ondent(S) did not comply with the Order dated 7/26/07, it is hereby ORDERED
tfj~,&spondent(s) pay to the City of Boynton Beach, Florida, a fine in the amount of
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fl~:~dred dollars ($500.00) per day for the violation(s) that exist at 124 NW 10th
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Ave.:\lB6Y~t8n Beach, Florida, more fully described as:
HILL T~LAGE W 42.52 FT OF L T 3 & E 22.5 FT OF L T 4,according to the plat
thereof a~";.e.PQrded in Plat Book 24 Page 70, of the Public Records of Palm Beach
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From JUIVI~~\2007. which was the date previously set by the Board's order for
compliance until the ~j of compliance plus administrative costs in the amount of
$96.03 for each inspe~t totalling $384.12 for 4 inspections and $250.00 filing fee.
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This Order can I)f!reeorded and shall constitute a lien against the above
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described prope~ Pursu~~,.:.~raprerJ:;;;}"'_ Aorida Statutes.
Ordered thIS~~)' of , h11 hvu , 2007, at Boynton Beach,
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The City of Boynton Beach
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WEST PALM BEACH, FL ~~j
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I, ( )::">: ), ijl~ the violation, as described in the above-referenced Code
Compliance case, personally m~ or researched and find said violation, is NOT in
compliance with the Code of the City,,~.Boynton Beach as of July 29, 2007.
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STATE OF FLORIDA G:i~
COUNTY OF PALM BEACH, ss:
Personally appeared before me, the undersigned authority Scott Blasie, Code Compliance
Administrator and acknowledged that he did execute the foregoing affidavit.
Sworn to and subscribed before as dUB Jq +Zy of & ''1 2007.
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Notary Public, State of Florida
My Commission expires:
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Filed this day of 0 ~/ . 2007. NOTARY PL'BUC. STATE OF FLORIDA
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BONDED THRU ATLA.'fIlC BO.'1DING co., U\'C.
Book22185/Page673 Page 3 of 5
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':.c;~? CASE NUMBER: 07.1381
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CITY OF BOYNTON~CH,
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THIS MATTER came before the Code ~e!~nce Board for hearing on the18TH day of JULY, 2007. After
considering the testimony and evidence ~ finds:
1. Respondent(s) owns the Property, which is the subject of this Code Board proceeding.
2. A violation or violations existing on the Property as set forth in the Notice of Violation is/are as follows:
CH15-ART.\X-15-120(D).INC.
3. The Respondent(s} hasJhave been proper1y provided with Notice of Hearing and did not appear at the
hearing.
It is therefore,
ORDERED AND ADJUDGED THAT:
1. Respondent(s) shall correct the violation(s} by 7/28/07.
2. If the Respondent(s) will not comply with this Order, a fine in the amount of $500.00
Page 1 of2
Book22185/Page674 Page 4 of 5
is imposed each day the violation(s) exist(s) past the date set for compliance or for each time the
violation(s) haslhave been repeated plus administrative costs. Once a fine is certified, that Order shall
thereafter be recorded amongst the Public Records of Palm Beach County, Florida and shall constitute a
~ upon the property located at: 124 NW 10TH AVE., BOYNTON BEACH, FL, and more particularly
\i;""/: scribed as: HILL TOP VILLAGE W 42,52 FT OF L T 3 & E 22.5 FT OF L T 4. according to the plat thereof
,//
\i;:~ r~corded In Plat Book 24 Page 70, of the Public Records of Palm Beach County. Florida.
'\;::0\ PCN: 08-43-45-21-Q9.QOO-OO31
3. \~~R9tJdent(S} shall advise the Code Compliance Division within 24 hours after the vlo/atJon(s}
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h~S been corrected. The Code Compliance Officer asslflned to this case will verify the status
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ORDERED ()) ~~DO;"ring at Boynton Beach, AorkIa,
thi&.tJh.d" ' 2007.
Ce-
(C", ~
( (i
'.%-~
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7'''''-~', CODE COMPLIANCE BOARD
;<..'. f~\
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y;,~,
STATE OF FLORIDA (~;~
COUNTY OF PALM BEACH ~-??
~
I HEREBY CERTIFY that on this d , '_" me, an officer duly authorized In the County aforesaid to take
acknowledgments, personallyappeare ../. ale Co Chairperson of the Code Compliance Board of the
City of Boynton Beach, Florida, to me ~rrc('.... be the person described in and dliexecuted the foregoing
instrument and he ecknowledged beIore Ii\e'fliI he execuled the same. c:9t:I b
Witness my hand and seal in the County and State last aforesaid this day of I
2007.
ATIEST: ~ri--
NOTARY PUBUC
My Commission Expires
NOTARY PtlBLIC. STATE OF FLORIDA
"'''''D T
. Com::r: '~~~2
~~ Ilrplm: DEe. 211,2010
10lt TIUlU ATI.AriTle IOMIlUfG CO.INC.
Page 2 of2
Book22185/Page675 Page 5 of 5
11111111111111.1111111111
CFN 20080388917
cy, OR BK 22921 PG 0534
.' \ RECORDED 10/24/2008 09:13:41
",-, ~;;-)\
\( .:/ Palm Beach County, rlor~da
\',>'/) Sharon R. Bock, CLERK & COKPTROLLER
\,/,,0 Pgs 0534 - 538; (5pgs)
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'/' .;! CODE COMPLIANCE BOARD
,..... '-',
\( /" '"--',\
r,"" , CITY OF BOYNTON BEACH, FLORIDA
-::,-~::?
",~
(;$J) CASE NO 08-1567
\.t:/
(;7-:.,
\ l '_I
CITY OF BOWWN BEACH,
Petitioner \..,=,/,
. v~...~._"")
vs C?-)~ 0
,\;,/,;-,,',;.
GAIL LUCHEY \:'/J,\,j
Respondent(s) 'V,;~i))
I, ' /
~~:~:;r
t/
,\
.::";\
ORD~~~POSING PENAlTIES/LIEN
\C .I,'.
'-~/~
~
THIS CAUSE came before! '- bile heanng before the Code Enforcement
/1"
Board of the City of Boynton Beach, FI~tbn Julv 16. 2008. after due notIce to the
Respondent(s), at which time the Board heard testimony under oath. received
eVidence, and Issued Its findings of fact and conclusions of law and thereupon Issued
Its oral order whIch was reduced to writing and furnished to the Respondent(s)
Said Order reqUired the Respondent(s) to take certaIn corrective actIon by
the time certain, as more specIfically set forth In that Order with a compliance date of
AUQust 15. 2008
Under oath, the Code Officer testified to the Board that the requIred
Page 1 of 2
Book22921/Page534 Page 1 of 5
corrective action was not taken as ordered This case did not comply
Accordingly, It haVing been brought to the Board's attentIon that the
~~ondent(S) did not comply With the Order dated 7/28/08, It IS hereby ORDERED
\(ha.~spondent(S) pay to the City of Boynton Beach, Flonda, a fine In the amount of
\.-~'"
fl~~~~dred dollars ($500 00) per day for the vlolatlon(s) that eXIst at 124 NW 10th
,...,(0\
Ave \lJaoY~~.sm Beach, FlOrida, more fully descnbed as
HILL TCSiff~LLAGE W 42 52 FT OF L T 3 & E 225FT OF L T 4, according to the plat
\1...)1
thereof as {~rded In Plat Book 24 Page 70, of the Public Records of Palm Beach
County, FIO~'\
I.,' ,.
\1 ..
~if:S peN 08-43-45-21-D9-o00-0031
From AU~15. 2008. which was the date preVIously set by the Board's order
for compliance until ~\.date of compliance plus administrative costs In the amount of
(C0
$96 03 for each InSP~~ totalling $384 12 for 4 Inspections and $250 00 filing fee
\..'::.':?\
ThiS Order can ~~~~ded and shall constitute a lien against the above
descnbed property Pursu~iihapter ~Ionda Statutes
Ordered thiS c1ltytjiiBy of , 2008, at Boynton Beach,
, 1\\1) .-'
Palm Beach County, Flonda \~;::>>
\'7 _~
'71
~>" ~.
Cj.'-
~~0~ Michele Costantino
" :-/I~ J\ CHAIRPERSON
~-==-~
CODE ENFORCEMENT BOARD
CITY OF BOYNTON BEACH
ATTEST
'tn. ~
FILED
SEP 3 0 2008
CITY CLERK'S OFFICE
Page 2 of 2
Book22921/Page535 Page 2 of 5
The City of Boynton Beach
Police Department
"A CFA AccndJted La,., Enf_eot Apnq"
100 E BfJ}'Ilton llut:b BfIIlhmuyf
lJD}'1Jton Belleb, Flori. 33425~iO
Phone (561) 742 6100
Fu (561) 7426185
G M.ttbew IlBl1Jier, Chief 01' Police
Scott Bi.sJe, CfHle COl1JpllMlce AdIIIlJlistntor
Phone (561) 742-6120
FAX (561) 742 6838
--
j'", ~.
...;,..,.,...-
'\~_?r0\
,,:_) l->'
, , AFFIDAVIT OF COMPLIANCE
\(:~
\r,r'~"',
Date 9/24~.9lJS,_
._-~/;~"
~--(
*'
RE 124~HAVE
CASE# 08-00001~')
"h":'>,....-_~
(('::J)
\,-~,"Y".,
CITY OF BOYNTO~€H, PetitIoner VS
~t,G
-' '
LUCHEY GAIL '(~:>, ':
( /,
8517 ESTATES DR \( ;;,~,
WEST PALM BEACH, FL lM~l
S :; ,.-,0,)"
I, ( : n '. Iy~ had the Vlola.on, as descnbed m the abovo.refereneed
Code ComplIance Case, perso~ _ mspected or researched and find saId vIOlatIon, 111
compl1ance WIth the Code of the ~~,9fBoynton Beach as of September 17,2008
'-- /~
~-;:;;/) ;'
NOTE' ''::':->~
ALL CONDITIONS OF PREVIOUS ~TION(S) HAVE BEEN CORRECTED IF THIS
VIOLATION HAS COMPLIED PRIOR TO A SCHEDULED CODE COMPLIANCE BOARD
HEARING, YOUR ATTENDANCE AT THE HEARING IS NOT NECESSARY UNLESS
CASE IS HEARD AS A RECURRING VIOLATION
Affiant S.~.
STATE OF FLORIDA
COUNTY OF PALM BEACH< ss
Personally appeared before me, the underSIgned authonty Scott Blasle, Code ComplIance
AdmmIstrator and aclmow1edged that he dId execute the foregomg affidaVit
Sworn to and subscnbed before me thIS /7 ' day of ~/tJ.. 20a!
~~ IA~ .
Notary Pubhc, State of Flo da r-
My CommIssIOn expIres ?c que STATE OF FLORIDA
Dlane M Spnnger
"mISSIon #DD711070
. '''e5 OCT 21,2011
_, nc BO!\'DtNG CO. tNe.
Book22921/Page536 Page 3 of 5
~~
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\~~) ~/
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, _~,i'
~~.~. BEFORE THE CODE COMPLIANCE BOARD
OF THE CITY OF BOYNTON BEACH, FLORIDA
(,i' ~ \
\!- .-'..'
'--;;':? CASE NUMBER 08.1567
'-~
"C5~
I.V
CITY OF BOYNTON~CH,
FLORIDA - ( ('B
~\l'l
Petltloner, V:/''::~7
c?l) 0 CODE COMPLIANCE
~"--'"
/"r"~.~\
VS V' })'.) BOARD ORDER
GAIL LUCHEY V (/\0
'"'"
Respondent(s) ~.}:':>
/'(71 I
~-">,
(' -~
,('..)/....
THIS MATTER came before the COde\~lance Board for heaTIng on the 16TH day of JULY, 2008 After
~~~
consldenng the testimony and eVidence ~ d finds
1 Respondent(s) owns the Property, which IS the subject of thiS Code Board proceeding
2 A violation or violations eXisting on the Property as set forth In the Notlce of ViolatIon Islare as follows
CH15-ART IX-15-120(D) INC
3 The Respondent(s) has/have been properly provided with Notice of Heanng and did not appear at the
heanng
It IS therefore,
ORDERED AND ADJUDGED THAT
1 Respondent(s) shall correct the vlolabon(s) by 8/15/08
2 If the Respondent(s) will not comply with thIS Order, a fIne In the amount of $50000
Page 1 of2
Book22921/Page537 Page 4 of 5
IS Imposed each day the vlolatlon(s) eXlst(s) past the date set for compliance or for each time the
vlolatlon(s) has/have been repeated plus administrative costs Once a fine IS certIfJed, that Order shall
thereafter be recorded amongst the Public Records of Palm Beach County, FlOrida and shall constitute a
~~Ien upon the property located at 124 NW 10TH AVE, BOYNTON BEACH. FL. and more particularly
/..<,~,
\(;,/~scnbed as HILL TOP VILLAGE W 42 52 FT OF L T 3 & E 225FT OF L T 4, according to the plat thereof
\.i;;.Ji~, r~corded In Plat Book 24 Page 70, of the Public Records of Palm Beach County, Flonda
\. -")
'.' ,: -_ PCN 08-43-45-21-09-000-0031
"~ " , ( ) ~
3~~~RP(Jdent(s) shall adVise the Code Compliance DIvIsion wlthm 24 hours after the vlolatlon(s)
~/,....,
hay~s been corrected The Code Compliance Officer assigned to thiS case will verify the status
.,-'.'
of the vJOIatlon(s)
\(;~
\f'" / ~-:~"
'( / .
ORDERED A'Na~JUDGED after hearing at Boynton Beach, Florida,
~-itJ ?c/ ~
thl d'?i~,~i ' 2008
ls
/:...---:- vm~~__
' ,
"?;,;<;'j
'<=, .~~..l
\(/< :0' ' ,
~2-~)<, G MIchele CostantIno, ChaIrperson
\\~~::~<!) CODE COMPLIANCE BOARD
~/ .
\r/ ,\""7,.,
STATE OF FLORIDA (,~:'L..,
COUNTY OF PALM BEACH CC?.:>
t /
"
/',:::::\
I HEREBY CERTIFY that on thiS da~~fQ~e me, an officer duly authorized In the County aforesaid to take
\ /J
acknowledgments. personally appeare . ele Costantino ChaIrperson of the Code Compliance Board of the
'{-/(" )
City of Boynton Beach, FlOrida, to me kA /~ be the person desCribed In and who executed the foregoing
Instrument and he acknowledged before hleifi~ he executed the same
W,tne" my hand and seal ,n the County and State last aforesa'" tn" r1J. {J day of ~,
2008
A TrEST >J-L~~ n ~
NOTARY PUBLIC
7n ~ My ComnusslOn ExpIres
FILED
JUL 3 1 2008 NOT~Y Pt~IJC STATE OF FLORIDA
CITY CLERK'S OFF1CE - ~. Jane M SP!1I'6er
~, fummJSSIOD #D'J71!070
LXp/res OC1 2
BO'.DEI) THRU ATi.ANTJ 1, 2011
e llOlillLNC CO, INe
Page 2 of2
Book22921/Page538 Page 5 of 5
11111111111111111111611
CFN 20070522gS5
OR BK 22259 PG 0063
RECORDED 11/15/2817 15:41:24
Pal. Beach County, Florida
Sharon R. Bock,CLERK & COKPTROLLER
~ Pgs 0063 - 67; (Spgs)
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\~~ CODE COMPLIANCE BOARD
Scr~\
{ ,. CITY OF BOYNTON BEACH, FLORIDA
'__. Jr---,
'-(;fA
~ CASE NO. 07-2141
CITY OF BO~N BEACH,
Petitioner, '~;:'l'.
. \"'7
VS. ~'\ 0
~-,~--:
. ,/ .-.
ANDREW & GAIL ~G.~y
Respondent(s). ~;^"))
(, .\ I
~>",?
(f/
\~
ORD~1MPOSING PENALTIES/LIEN
( , ))
L'r
THIS CAUSE came befor~~~ic hearing before the Code Enforcement
or'
Board of the City of Boynton Beach, FI~n AUQust 15. 2007. after due notice to the
Respondent(s), at which time the Board heard testimony under oath, received
evidence, and issued its findings of fact and conclusions of law and thereupon issued
its oral order which was reduced to writing and furnished to the Respondent(s).
Said Order required the Respondent(s) to take certain corrective action by
the time certain, as more specifically set forth in that Order with a compliance date of
Auaust 25.2007.
Under oath, the Code Officer testified to the Board that the required
Page 1 of2
I
Book22259/Page63 Page 1 of 5
corrective action was not taken as ordered. This case did not comply.
Accordingly, it having been brought to the Board's attention that the
R~~ondent(s) did not comply with the Order dated 8/23/07, it is hereby ORDERED
'\"'// }.\
ttlat~spondent(s) pay to the City of Boynton Beach, Florida, a fine in the amount of
\"',~
tW~~., ',_~dred dollars ($200.00) per day for the violation(s) that exist at 118 NW 10lh
\,~ In"
Ave:;~oynt8n Beach, Florida, more fully described as:
HILL T()~~J-LAGE W 7.5 FT OF L T 1, L T 2 & E 7.5 FT OF L T 3, according to the plat
"--'i
thereof as're)i:9rded in Plat Book 24 Page 70, of the Public Records of Palm Beach
\;"))
County I Flo~;,
(' "
.- peN: 08-43-45-21-09-000-0011
From Au~25. 2007. which was the date previously set by the Board's order
for compliance unYn ~)date of compliance plus administrative costs in the amount of
$96.03 for each insp~J totalling $384.12 for 4 inspections and $250.00 filing fee.
This Order can\~revorded and shall constitute a lien against the above
described property pursu~~:ChaPter 162 of the Florida Stutes.
Ordered this 3D 'to:;'~~y of ~ ,2007, at Boynton Beach,
/. .,1\
Palm Beach County, Florida. \~1:(--:::;"',
!;' ~r ,~../'
',/'
:::;-,
() ~
..
, "5; Richard Yerzy
.-;"-'"
~""....d )
'..{ \.:::::../A FIRST VICE CO-CHAIRPERSON
;'rJ
, !, J\
""':::;:~.->
CODE ENFORCEMENT BOARD
CITY OF BOYNTON BEACH
ATTEST:
Page 2 of 2
Book22259/Page64 Page 2 of 5
The City of Boynton Beach
Police Department
'5C CFAA""'" Linr ~A.-q"
I.E...._.....~
..._.... n.d*334ZS43I'
",.. (HI) 144/.
\'t #'1m (.1) 14-11'$
~/)) &oM.,.." ~ caW",lWktI
\. . SaItt.... c-. ~.t"blMtnItlr
\>>1) ",.. (HI) 144121
,-/~ FAXI (HI) 1Q.61.J8
\1'._1 ()\
\~.:'~/
),0
'(:;({2\
\:~'j V'
r, AFFIDAVIT OF NON-COMPLIANCE
~~,
"'.-,.
DATE: 8/2~f!Jt
(~
RE: 118 NWfOtH AVE
CASE#:07-0000~
CITY OF BOYNTO~CH, PetItIoner VS
v/ \...'---,
~
LUCHEY ANDREW & "~_
8517 ESTATES DR y;:"i};;
( ,-
WEST PALM BEACH, FL ~~,}
I, ~d the violation, as descnbed m the above-referenced Code
Comp ce case, rsonally ~d or researched and find said violation, IS NOT m
'J
compliance WIth the Code of the ~ ,(Boynton Beach as of August 26, 2007.
~---'\
,~~; 114 ~ ~
~;;;(2~, Affiant .l. .J
if"
STATE OF FLORIDA G::0:=~
COUNTY OF PALM BEACH, ss:
Personally appeared before me, the undersigned authonty Scott Blasie, Code Compliance
Adtmmstrator and acknowledged that he dId e~te the foregoIng affidavit.
Sworn to and subscnbed before as tIns a) ft; day of ~ 2007.
.
~
Notary Pubhc, State ofFlonda
My ComIDlssIon expIres:
Ftledtlus ~~YOf ~2007. . . .:~~P~'BUC.STATEOFFLORIDA
. ~\ Tanya Guim
~. J COlJ!1Dissicm' DD6238111
............ Expll'eS: DEC. 20,201"
\lJED nlNU ATlAh7JC BONDING co ,1M.
Book22259/Page65 Page 3 of 5
"5\
^~,;>^~~
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\~~.,"<~) 0
\:.
,', '
\::.!.,
(-~/....,
":"10"
,., BEFORE THE CODE COMPLIANCE BOARD
\/~:=~
\~-:"~~" OF THE CITY OF BOYNTON BEACH, FLORIDA
I'" ,,'
''':..~. ....:7 CASE NUMBER: 07.2141
/-:;/.\j.
\,':::
c:.'
(~I
CITY OF BOYNTO~ ~~CH,
,. l:
FLORIDA "''''';:''-'
((.,v)
Petitioner, ~~~~?
r/...." (-.. CODE COMPLIANCE
\...< ,'-....
~:/>;:,
vs. y;:.>;.'J BOARD ORDER
t-~ /
ANDREW & GAIL LUCHEY. \f(~:,)
0.",'
Respondent(s). ({J:>
.,
C~I /
(('.>:.~_.,
THIS MATTER came before the Code ~~~nce Board for hearing on the 15Tli day of AUGUST, 2007. After
\! \'.--.. .' f\
consldenng the testimony and evidence t~::~d finds:
1 Respondent(s) owns the Property, which is the subject of this Code Board proceeding.
2. A violation or violations existing on the Property as set forth in the Notice of Violation Is/are as follows:
BBA FBC '05105.1.1, BBA FBC '04108.10.1,104.7.5 BBA '01 BC, BBA FBC '04108.5, BBA FBC '04
105.4.1.
3. The Respondent(s) has/have been properly provided with Notice of Hearing and did not appear at the
hearing.
It is therefore,
ORDERED AND ADJUDGED THAT:
1, Respondent(s) shall correct the violatlon(s) by 8/25/07.
2. If the Respondent(s) will not comply with this Order, a fine in the amount of $200.00
Page 1 of2
Book22259/Page66 Page 4 of 5
is imposed each day the vlolabon(s) eXlst(s) past the date set for compliance or for each time the
vtolatlon(s) haslhave been repeated plus administrative costs. Once a fine is certified, that Order shall
;ihereafter be recorded amongst the PubliC Records of Palm Beach County, Flonda and shall constitute a
\;::," upon the property located at 118 NW 10TH AVE, BOYNTON BEACH, FL, and more particularly
, ,
'\/" scribed as: HILLTOP VILLAGE W 7.5 FT OF L T 1, L T 2 & E 7.5 FT OF L T 3. according to the plat thereof
\/ J") 0
~;~corded in Plat Book 24 Page 70, of the Public Records of Palm Beach County. Flonda.
\~!/- " PCN: 08-43-45-21-09-000-0011
-:-0.. v
3. R~dent(S) shall advise the Code Compliance Division within 24 hours after the vio/ation(s)
ha~~a~"been corrected. The Code Compliance OffIcer assigned to this case will verify the status
of the~(--:- ~,,~~n(s).
I .'
, '
:-...;~
'--;;;:-s
ORDERED AN~ UDGED after heanng at Boynton Beach. Flonda,
..~
this~~ day c>. 2007.
0~,h ~
"SiD ~
\'~"~'2. ·
V'-'7
<?~o .-l
~;:::::~:.':, Michele Costantmo, Cballperson
~ )~ v
v;:~, CODE COMPLIANCE BOARD
( (\:':J
....~ --.::0-.
STATE OF FLORIDA ~?-":>
COUNTY OF PALM BEACH r;:71
~>'n
I HEREBY CERTIFY that on this day. ~-) me, an officer duly authorIZed in the County aforesaid to take
/.~ ~
acknowledgments, personally appea tantino Chairperson of the Code Compliance Board of the
City of Boynton Beach. Florida, to me kn~o4)e the person desaibed In and who executed the foregoing
Instrument and he acknowledged before me that he executed the same.
Witness my hand and seal in the County and State last aforesaid this d.-3 If.J,( day of ~~ I-:
2007.
r:;;; I ~ 7l ipA~
NOT~Y PUBLIC
My Comnnssion Exprrcs
1 ;--1 [ 1 f; ~ ':'j .' b \
I J . -'. -. /
Corporate Seal . .. . -
'.' : .' """~~~" oWEM,8PR
," .' (~ !J, ~1 MYCOAfM/sSIOH INGER
~r''! Ct~A~.{i~ m..~'~tlc, W BontIed~~~OCT::::'~41i
.0_11t 8tI!t-lIIIIIoI
Page 2 of2
Book22259/Page67 Page 5 of 5
1111111111111111.1111111
CFN 20080388922
OR BK 22921 PG 0544
e::::\ RECORDED 10/24/2008 0g:15:42
)\
-,''/i) Pal. Beach County, Flor1da
'\ // v.....
\~ . / ~./'~ Sharon R. Bock,CLERK & CO"PTROLLER
\/'/)
~'-/, ,,0 Pgs 0544 - 548; C5pgs)
\,- /)
1'.,>"
.'
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\~~~? (0\
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<...
\('::)") CODE COMPLIANCE BOARD
';(0:::--'\
'-:_~..---:;:-:: CITY OF BOYNTON BEACH, FLORIDA
~,(
"-~;::..\ CASE NO 08.1568
~ c/o,,),'
"l;,/'
r;~--'.
, /
\ '" \"..'
CITY OF BOX'~WN BEACH,
Petitioner '-'=':~)-
, v~~,-'}
vs c?~~( 0
~-<'-"
. ",/ \ ~~ \
ANDREW & GAIL tl1/0IitEY
Respondent(s) \(i~~~) /
~:-:-.~ ~
(, ,./
\---;~./
ORD~~POSING PENALTIES/LIEN
{( )/
',':>.' ,',-
THIS CAUSE came befora1(~lIc heanng before the Code Enforcement
- /I"~
Board of the City of Boynton Beach, F~' on Julv 16. 2008. after due notice to the
Respondent(s), at which time the Board heard testimony under oath. received
eVidence, and Issued rts frndlngs of fact and conclusions of law and thereupon Issued
Its oral order which was reduced to writing and furnished to the Respondent(s)
Said Order required the Respondent(s) to take certarn corrective action by
the time certain, as more specifically set forth In that Order with a compliance date of
AUQust15.2008
Under oath, the Code Officer testified to the Board that the reqUired
Page 1 of 2
Book22921/Page544 Page 1 of 5
corrective action was not taken as ordered This case did not comply
Accordingly, It havIng been brought to the Board's attention that the
^_~~ondent(S) did not comply with the Order dated 7/28/08, It IS hereby ORDERED
\(b~t~espondent{S) pay to the CIty of Boynton Beach, Florida, a fine In the amount of
f~.tfu<fidred dollars ($500 00) per day for the Vlolatlon(s) that eXist at 118 NW 10lh
"-;1(')\
Ave'~6~~!9n Beach, Florrda, more fully described as
HILL T~rM~LLAGE W 75FT OF L T 1, L T 2 & E 75FT OF L T 3, according to the plat
"'..If V
thereof as r~rded In Plat Book 24 Page 70, of the Public Records of Palm Beach
County, F~--:\
(( .'.
:-:.:~ peN 08-43-45-21-09-000-0011
From AU~; 15. 2008. which was the date previously set by the Board's order
for compliance untll~)date of compliance plus admlntstratlve costs In the amount of
$96 03 for each Insp~ totalling $384 12 for 4 inspections and $250 00 filing fee
\::::.\~'
This Order can ~~rded and shall constitute a hen against the above
~/~
described property pursu J~~hapter 162 of the Florida Statutes
Ordered thIs atY{jJ~~y of -# ' 2008, at Boynton Beach,
( ('))
Palm Beach County, Florida (;~
\~
((1, ~JoP.,.~
(c//~
~:;;2}) Michele Costantino
\.( ::-:~~ CHAIRPERSON
~
CODE ENFORCEMENT BOARD
CITY OF BOYNTON BEACH
ATTEST
~Yn. p~
C Y Clerk
C Ftle FILED
SEP 3 0 2008
CiTY CLERK'S OFFlCE
Page 2 of 2
-~.
Book22921/Page545 Page 2 of 5
The City of Boynton Beach
Police Department
"A CFA Aecredlted LiI.. EDf_ment J41ener'
/UO E llD}'lItrm Betld1l1oulerud
BO)'IJton Betleb, nor/a 33425-43/0
rhODe (Stil) 742 ti/uo
FIIX (5ti/) 742 ti/85
G M.ttbewlmm/er, Chid of rollce
SeoU B/IISIe, Code COmpJl.D"" A.dmlnlslntor
Phone (5til) 742 ti/2O
FA.X (Sti/) 742-6836
, e
,i-.'--
~~'/'/
\'~-?(rr)
/- .: AFFIDAVIT OF COMPLIANCE
'\ '))
'L.../_,
\f / r~.'
Date 9/24110.08
, ~-d:~::;
RE 118N~AVE
CASE# 08-0000~)
...~'".?....-~...
((\J)
,'- ....~~
CITY OF BOYNTO~~H, PetInoner VS
~<~>;. 0
LUCHEY ANDREW & ~~;~)
( ,.,.
8517 ESTATES DR y ;~,,~,
WEST PALM ACH, FL ~M'il. ,_
(r'/);/>
I, .' -, h~ had the vlOlatlOn, as descnbed 10 the above-referenced
Code ComplIance Case, perso(~' _..Illspected or researched and find saId vlOlatIon, III
comphance wIth the Code of the q~~:~BOynton Beach as of September 17, 2008
~/( ),
NOTE \(\::.:::>~;,
ALL CONDITIONS OF PREVIOUS ~~TION(S) HAVE BEEN CORRECTED IF THIS
VIOLATION HAS COMPLIED PRIOR TO A SCHEDULED CODE COMPLIANCE BOARD
HEARING, YOUR ATIENDANCE AT THE HEARING IS NOT NECESSARY UNLESS
CASE IS HEARD AS A RECURRING VIOLATION
Affiant ~.) ,
STATE OF FLORIDA
COUNTY OF PALM BEACH< ss
Personally appeared before me, the underSIgned authonty Scott BlasIe, Code ComplIance
AdmmIstrator and aclmowledged that he dId execute the foregomg affidaVIt
Sworn to and subscnbed before me tills /7 ~ day of ~ 200.f
~/~J'A ~
Notary Pubhc, State 01 onda
My CormmsslOn exprres
NOTARY mUC-STATE 01 'FLORIDA
......... DIane M Spnnger
t_ 'ComlIllBS1on#DD71107O
\, / Expll'e& OCT 21,2011
B~iQ~ THl!.1l AtLAN1lCIlDNllIKllto.,DlQ.
Book22921/Page546 Page 3 of 5
.
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~, BEFORE THE CODE COMPLIANCE BOARD
v:-~
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(-;~;\ OF THE CITY OF BOYNTON BEACH, FLORIDA
~-:!p
'-c;" CASE NUMBER 08-1568
(c5~
~
CITY OF BOYNTO~CH,
, <..'
FLORIDA ~((~3)
\:~ '/,)
Petitioner, Y/"'\} 7
C?~O CODE COMPLIANCE
V'---
,,/.. \. ,.~!.\.
VS \;/ }> ,..) BOARD ORDER
v<~
ANDREW & GAIL LUCHEY ("9)
'(('-:::,.,,))
Respondent{s) ~
(~ /
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( ,,-))
l--" ,--
THIS MATTER came before the COde~!J~nce Board for heanng on the 16TH day of JULY, 2008 After
considering the testimony and eVidence ~~d finds
1 Respondent(s) owns the Property, which IS the subject of this Code Board proceeding
2 A violation or violations eXisting on the Property as set forth In the Notice of Violation Is/are as follows
CH15-ART IX-15-120(D) INC, CH15-ART IX-15-120(E)INC. PT3-LDR CH20-VIIl SEC1 G
3 The Respondent(s) has/have been properly provided with Notice of Hearing and did not appear at the
hearrng
It IS therefore,
ORDERED AND ADJUDGED THAT
1 Respondent{s) shall correct the vlolatlon(s) by 8/15/08
2 If the Respondent(s) Will not comply With thiS Order, a flOe In the amount of $50000
Page 1 of2
Book22921/Page547 Page 4 of 5
IS Imposed each day the vlolatlon(s) eXlst(s) past the date set for compliance or for each time the
vlolatlon(s) has/have been repeated plus administrative costs Once a fine IS certified, that Order shall
thereafter be recorded amongst the Public Records of Palm Beach County, Flonda and shall constitute a
~:)Ien upon the property located at 118 NW 10TH AVE, BOYNTON BEACH, FL. and more particularly
\'
" \
\___;/(j~cnbed as HILL TOP VILLAGE W 75FT OF L T 1, L T 2 & E 75FT OF L T 3, according to the plat thereof
\{~~~~corded In Plat Book 24 Page 70, of the Public Records of Palm Beach County, Flonda
t.,;:.-_ PCN 08-43-45-21-09-000-0011
\ ; I ( ~ ~
3 \'Rbs~Wfjdent(S) shall adVise the Code Compliance DIVISion wlthm 24 hours after the vlo/atlon(s)
hat~s been corrected The Code Compliance Officer assigned to thiS case Will venfy the status
of the vlD./atlon(s)
'\;/))
'\-;-;;-::',.:.:
ORDERED A~JUDGED after heanng at Boynton Beach, Flonda,
thls~diy,~~ ,2008
1.,0/
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\.!~'~~;:'~~)') nJL~JLPI ~~;
'<=. ;J-::
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G;>";; ,- Michele Costantmo, Chauperson
S ....s:-' '.....
'(/.."
r" -'\ CODE COMPLIANCE BOARD
~:6.~ ~:) .~~,
\r,<~(,S'\
STATE OF FLORIDA \,S:!_'. "-
COUNTY OF PALM BEACH (C~':>.>
~.:;/
.--
I HEREBY CERTIFY that on thiS day(QQ~e me, an officer duly authonzed In the County aforesaid to take
acknowledgments, personally appeare~ i ele Costantmo Chairperson of the Code Compliance Board of the
/~.
City of Boynton Beach, Flonda, to me khcl be the person descnbed In and who executed the foregOing
Instrument and he acknowledged before ~~ he executed the same
Witness my hand and seal,n tne County and Slale last aforesaid tn" ;)jf' day of #
2008
A TIEST g.L~)1. ~~
NOT AR'; PUBLIC -
My ComnussJOn Exprres
:r rE OF FLOlUDA
N01ARY pUBUC-S l\ S nnger
...... D\ane M P 711070
: _ -:. Commission # ~~l 2011
:; : E res Oc I
. Xpl NllING co INe.
" , THR\l ATL/>l<"tIC llO '
llONDED
Page 2 of2
Book22921/Page548 Page 5 of 5
Meeting Minutes
Code Compliance Meeting
Boynton Beach, FL April 1 &, 2009
Officer PieT7'8 recommended tabling the following case to May 20, 2009:
Case #08.1604 Jennalne & Regina N. Home 2080 NE 1st Lane
Motion
Mr. LaTour moved that Case #08-1604 be tabled until the Code Compliance Board
meeting to be held on May 20, 2009. Ms. Carroll seconded the motion that unanimously
passed.
Officer Pierre recommended tabling the following case to June 17, 2009:
Case #08--836 Gemini Boynton Be.ch 1, LLC 2290 N. Congress Ave.
Motion
Ms. Carroll moved that Case #08-836 be tabled until the Code Compliance Board
meeting to be held on June 17, 2009. Vice Chair Yerzy seconded the motion that
unanimously passed.
Mr. Blasie advised the following cases were recommended for foreclosure:
Case #99-291 e..1e M. Maya 112 NW 10th Ave.
C.se #06-23 Jeny & Melody A. Brandom 112 NW 10th Ave.
Case #99-291 and Case #06-23 involved the same address. The building was vacant
for some time and in various states of disrepair. It has had Code and Police issues and
was located in the Heart of Boynton. The property is a nuisance property, although it
was secured.
Motion
Case # 99-291, Vice Chair Yerzy moved to foreclose. Mr. LaRock seconded the motion
that unanimously passed.
Motion
Case #06-23, Vice Chair Yerzy moved to foreclose. Ms. Carroll seconded the motion
that unanimously passed.
Case # 07-1381 Gall luchey 124 NW 10th Ave.
C.se #07-2141 Andrvw & Gallluchey 118 NW 10th Ave.
29
Meeting Minutes
Code Compliance Meeting
~nton Beach, FL April 15, 2009
Mr. Blasie reviewed Case #07-1381 at 124 NW 10th Avenue. The property owner is
Gail Luchey. The property was an abandoned multi-family residence that is currently
secured. but was a haven for drug use. This also pertained to Case #07-2141, as there
were two cases on the property.
Motion
Case #07-1381, Mr. LaTour moved to foreclose. Ms. Carroll seconded the motion that
unanimously passed.
Motion
Case #07-2141, Mr. LaTour moved to foreclose. Vice Chair Yerzy seconded the motion
that unanimously passed.
Case #08..1568 Andrew & Gail Luchey 118 NW 10th Ave.
Case #08..1567 Gail Luchey 124 NW 10th Ave.
Mr. Blasie reported this property was not totally secured. There is an automobile in the
back with squatters in it. Drug dealers were present and the property is a nuisance to
the neighborhood.
Motion
Case #08-1567, Mr. LaTour moved to foreclose. Vice Chair Yerzy seconded the
motion.
There was discussion if there are individuals living in the vehicle behind the house, the
foreclosure would not alleviate it. Mr. Blasie advised the police would need to address
it.
~
There was a vote on the motion that unanimously passed.
Motion
Case #08-1568, Mr. laTour moved to foreclose. Mr. LaRock seconded the motion that
unanimously passed.
Attorney Tolces advised the time it takes to foreclose a property varies. He announced
the City was able to recover some funds as a result of a foreclosure proceeding of
approximately $4,000, which was split with another party. Another lien would yield
another $2,500,
30
XII. - LEGAL
ITEM E.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
~ July 7, 2009 June 15, 2009 June 10, 2009 June 8. 2009
0 July 21. 2009 July 6, 2009 Julv L 2009 June 29. 2009 --
0 August 4, 2009 July 20, 2009 Julv 15, 2009 July 13, 2009
0 August 18, 2009 August 3, 2009 Julv 29, 2009 Julv 27, 2009
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda ~ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Authorize the City Attorney's Office to file a lawsuit to foreclose on a Code Enforcement
Lien totaling $1,584.12 in addition to a prior lien recorded on the property as previously owned by Essie Mays in the amount
of$167,834.12 as of June 15,2009, held by the City on real property owned by Jerry L. Brandom and Melody A. Brandom,
located at 112 NW 10th A venue, Boynton Beach, Florida.
EXPLANATION: The property located at 112 NW 10th A venue was a source of ongoing code violations. The City
recorded a board Order certifying a lien against the property on May 9, 2006. Due to the fact that the violations were not
brought into compliance prior to the date contained in the original Order imposing penalties and liens, the fine did accrue to
the amount of $1,584.12. The City has the right to foreclose its lien that has been recorded against the property
notwithstanding the fact that the Brandoms did bring the property into compliance.
. Code Enforcement Case No. 06-0023 involved a failure to maintain property pursuant to Chapter 15, Article IX-15-
120 (B) and Section 10-2 of the City of Boynton Beach Code of Ordinances.
. The accrued fine for the lien is $1,584. 12 as of June 15, 2009. This includes the City's administrative costs.
. The property is appraised by the county as follows:
Improvement Value: $2,049.00
Land Value: $60, I 92.00
Total Market Value: $62,241.00
The City Attorney's Office has reviewed the title work for the property located at 112 NW 10th Avenue, and there are no
mortgages encumbering the property. If the City forecloses on the property, title could be transferred without the City being
required to satisfy any prior encumbrances. The Foreclosure of the lien will enable the City or another party to obtain title of
the property located at 112 NW 10th A venue, for the purposes of establishing a new residential use on the property.
The City also has a lien that was recorded against the property on July] 9, 1999, when the property was owned by Essie M.
Mays. As of today the total fine amount is computed to be $167,834.12. It is possible that the City's interest in the property
pursuant to the lien recorded against Essie Mays may have been foreclosed as the result of a foreclosure filed against Miss.
S'IBULLETINIFORMS\AGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Mays, The City Attorney's office would need to do additional research to verity the validity of the tine and lien thai's
currently in the public records recorded against Essie Mays.
Pursuant to the requirements of Chapter] 62, Florida Statutes. the City's request to authorize foree losure was approved bv the
City's Code Enforcement Board on April 1 5.2009,
PROGRAM IMPACT: The property located at I] 2 N W ] O'h A venue was a source of ongoing code issues. and despltl'
know ledge of the violations and directions of how to comply. the property owners did not remedy the violations prior to the
date contained in the original board order. Foreclosure of the lien will enable the City or another party to obtain title at the
propert) located at ] 12 NW lOth A venue, unless the matter is settled through the course of litigation.
FISCAL IMPACT:
As of this date, City Staff has incurred enforcement expenses associated with the Code Compliance Board lien. Additional
legal fees and expenses will be incurred in the event there is litigation, However. a successful foreclosure action should
enable the City to recover its costs and expenses incurred in enforcing its Code Compliance Board Lien against Jem
Brandom and Melody Brandom.
AL TERNA TIVES:
The City could pennit the lien to remain on the propert)'. The City could decide a later point in time to foreclose the lien \
subsequent purchaser could come before the Code Compliance Board and request a lien reduction due to the fact that the
property is in compliance.
-""" ')
",
il
-' -:::o~ ~~~!f~
Department Head's Signature City Manager's Signature \
Assistant to City Manager ~
City Attorney -~_.__..._-- ----~--~-------~
Department Name City Attorney Financ,'
",BlLLETIMFORMS.A(jENDA ITFM REQUSI H lRM Dt Ie
TITLE SEARCH
Showing Ownership and Encumbrances
Fund File Number: 06-2009-2899
Provided For: City of Boynton Beach Agent's File Reference: PCN:08-43-45-21-09-000-0012
Effective Dates: From August 8, 2003 at 8:00 AM
To April 17,2009 at 11 :00 PM
This title search commences from the date of the last outstanding institutional first mortgage on the
property. If there is no outstanding mortgage, the search commences with the date record title vested
in the current record owner.
Description of Real Property Situated in Palm Beach County, Florida.
Lot 1, LESS the West 7.5 feet thereof, Hilltop Village, according to the map or plat thereof
as recorded in Plat Book 24, Page 70, Public Records of Palm Beach County, Florida.
Apparent Title Vested in:
Jerry L. Brandom and Melody A. Brandom by Warranty Deeds
Recorded in: O.R. Book 15662, Page 1444 and refiled in O.R. Book 15916, Page 741
This search does not cover matters other than those recorded in the Official Records Book of the
county and does not assure the legality or validity of the referenced instruments.
Ad Valorem tax information is not provided.
Prepared this 1 st day of May, 2009. Attorneys' Title Insurance Fund, Inc.
Prepared by: Debra O'Connor, Examiner
Phone Number: 640-3700
Rev.O.O
Page 1 of2
TITLE SEARCH
Showing Ownership and Encumbrances
Fund File Number: 06-2009-2899
ENCUMBRANCES
I. Taxes for the year 2009. which are not yet due and payable
I Code Compliance Board Order against Jerry Brandom and Melody A. Brandom by City of
-.
Boynton Beach as recorded in O.R. Book 20313. Page 1177. Public Records of Palm Beach
County. Florida.
Additional Infonnation:
Code Enforcement Lien against Essie M. Mays by City of Boynton Beach recorded in O.R. Book
11237. Page] 618, Public Records of Palm Beach County. Florida. (NOTE: Mays lost property III
CT. but City of Boynton Beach was not named in the suit.)
A 20-year name search has been performed on parties acquiring till interest within the time period
covered by this search.
This Title Search is prepared andfurnis'hedfor information only. It is not an opinion of title and may
not be used as a title base for the issuance of a title insurance commitment and/or po/iq, nor should il
be usedfor the preparation offoreclosure proceedings or other litigation. Maximum liability/or
incorrect information is $1000 under Sec. 627.7843. F.S.
Page 2 of2
Office of the City Clerk Illmlnlmllllumlllm~gll
City of Boynton Beach CFN 20060273894
P. O. Box 310 OR BK 20313 PG 1177
Boynton Beach, Florida 3:S425 RECORDED 05/09/2MJ6 12:81:36.
Pal. Beach Coun~Yt Florida
Sharon R. Bock,CLERK & CO"PTROLLER
Pgs 1177 - 1182; (6pgs)
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<'. BEFORE THE CODE COMPLIANCE BOARD
\(;~
Y ,/;:-~, OF THE CITY OF BOYNTON BEACH, FLORIDA
r; ."
-"':.?
'-;:' CASE NUMBER: 06.23
,S;
CITY OF BOYNT~EACH,
\..s
FLORIDA (C::'"
\, v
Petitioner, "f;:\))
I{ .
~\<5".'> CODE COMPLIANCE
v:r9.~
c?"io BOARD ORDER
vs. ~;:>'
/, ~......-...
,-"".,-,.-/\
JERRY & MELODY A. BRAI'\P~':)
v;,-
Respondent(s). ( ,/{~))
~"-
((,>> I
~;-.
;71
THIS MA ITER came before the COd~<r~liance Board for hearing on the 15TH day of FEBRUARY, 2006.
After considering the testimony and eVii~e board finds:
1. Respondent(s) owns the Property, ~e subject of this Code Board proceeding.
2. A violation or violations existing on the Property as set forth in the Notice of Violation islare as follows:
CH15-ART.IX-15-120(D).INC. 10-2 B.B.C. OF ORD.
3. The Respondent(s) has/have been properly provided with Notice of Hearing and did not appear at the
hearing.
It is therefore,
ORDERED AND ADJUDGED THAT:
1. Respondent(s) shall correct the violation(s) by 2/25/06.
2. If the Respondent(s) will not comply with this Order, a fine in the amount of $50.00.
Page 1 of2
Book20313/Page1177 Page 1 of 6
is imposed each day the violation(s) exist(s) past the date set for compliance or for each time the
violation(s) has/have been repeated plus administrative costs. Once a fine is certified, that Order shall
thereafter be recorded amongst the Public Records of Palm Beach County, Florida and shall constitute a
<<l!~n upon the property located at: 112 NW 10TH AVE., BOYNTON BEACH, FL, and more particularly
,.'\
\,:;:/~~cribed as: HILL TOP VILLAGE LOT 1 (LESS W 7.5 FT), according to the plat thereof as recorded in Plat
\>~k 24 Page 70 of the Public Records of Palm Beach County, Florida.
t. ./ )......, C:
, ; PCN: 08-43-45-21-09-000-0012
'~~ : (.1\
3. ~;;PQngent(s) shall advise the Code Compliance Division within 24 hours after the violation(s)
".
haWf..~ been corrected. The Code Compliance Officer assigned to this case will verify the status
of thffvi~t1on(s).
~,~.-- .,,-.,
\,~'
'\((,---:-:>
OR~ERED AND~UDGED after hearing at Boynton Beach, Florida,
thisml?1 d~(Of~ ' 2006.
((3-)'
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\'~.':y",
y>~~:, Michele Costantino, Chairperson
~,/\~ ,~
~~)"-,\, CODE COMPLIANCE BOARD
\ Y)'/
'.;>:0;,
STATE OF FLORIDA i :"-:'}
COUNTY OF PAlM BEACH (i~),;)
'~ """',-,-"'"
I HEREBY CERTIFY that on this day,~!~~e me, an officer duly authorized in the County aforesaid to take
, ,'-"\
acknowledgments, personally appeare((~ele Costantino, Chairperson of the Code Compliance Board of the
City of Boynton Beach, Florida, to me kl\~~be the person described in and who executed the foregoing
/r
instrument and he acknowledged before ~e executed the same. J4J daYO~'
Witness my hand and seal in the County and State last aforesaid this ;23
2006.
A TrEST: )J1!J~ 7A ~
NO;ARY PUBLIC
My Commission Expires
FILED - ,.
FEB 2 8 2006 ~ .....,-
~ MYCOMMIIalD~i!jS49
EXPIlU: Clef ~1.. ~
CITY CLERK'S OFFICE 8lJIlIrlf.... '_M~
.~._, -
Page 2 of2
Book20313/Page1178 Page 2 of 6
The City of Boynton Beach
Police Department
"A CFA AcuedJUd L/lw EDf_t AifeBcy"
100 E. BO}'lltoD Baeb BollIenud
BO}'lltOll BudJ, FIodtlJl33425.Q310
PbOlle: (561) 742-6100
FlU: (561) 742-6185
G. MMttbew IlIJIlJIer, Chief of Police
Scott BIMSle, Code CompliMnce Adminlstnltor
PbOlle: (561) 742-6120
F..u: (561) 742-6838
}'; v AFFIDAVIT OF COMPLIANCE
/:
".:-?m,
Date: '~I3/~06
/"
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/--::::.",
CITY OF flO~ON BEACH, Petitioner VS RE: 112 NW 10TH AVE
<:;/ CASE# 06-00000023
"
Q.
(cP)
BRANDOM JEAAY & MELODY A
112 NW 10TH A W-7J
BOSEAdl~, 334353035
!. ( ~'? ., ), have had the violation, as described in the above-referenced
Code Compliance C~~naIIy inspected or researched and find said violation, in
compliance with the CoC(e~q~e City of Boynton Beach as of March 17,2006.
\i ./ -,\)'
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NOTE: ~~
ALL CONDITIONS OF PRE\(~ VIOLATION(S) HAVE BEEN CORRECTED. IF THIS
VIOLATION HAS COMPLIED OR TO A SCHEDULED CODE BOARD HEARING,
YOUR ATIENDANCE AT ,;. ARING IS NOT NECESSARY UNLESS CASE IS
HEARD AS A RECURRING VIOU(l1 N.
.......-"/'
<:-/0
\~:<~ ~S'
~nt . -
STATE OF FLORIDA
COUNTY OF PALM BEACH< 55:
Personally appeared before me, the undersigned authority Scott Blasie, Code Compliance
Administrator and acknowledged that he did execute the foregoing affidavit.
Sworn to and subscribed before me this 3rd day of April 2006.
t:~Yh'~
Notary Public, State of Florida
My Commission expires:
NOTARY PlJllUC.SHTI OF FLORIDA
~ Lillian M. Rossi
Co~mission if 00293753
. ExpIres: MAR. 14, 2008
Bonded Thru Atlantic Bondin& Co., Inc.
Book20313/Page1179 Page 3 of 6
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\i'~ CODE COMPLIANCE BOARD
,....
\;r<;:::-> CITY OF BOYNTON BEACH, FLORIDA
, ~-/0'
(,(/'->
(", CASE NO. 06-23
(6:~)
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CITY OF BO~~N BEACH,
Petitioner '--::::,' :5',
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VS. c?~> ,~
JERRY & MELOD~j~NDOM
Respondent(s). v;~:.:
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ORDsFtJMPOSING PENALTIES/LIEN
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THIS CAUSE came befor~j,.1?~).lc hearing before the Code Enforcement
if'
Board of the City of Boynton Beach, FI~ February 15. 2006. after due notice to
the Respondent(s), at which time the Board heard testimony under oath, received
evidence, and issued its findings of fact and conclusions of law and thereupon issued
its oral order which was reduced to writing and furnished to the Respondent(s).
Said Order required the Respondent(s) to take certain corrective action by
the time certain, as more specifically set forth in that Order with a compliance date of
February 25. 2006.
Under oath, the Code Officer testified to the Board that the required
Page 1 of 2
Book20313/Page1180 Page 4 of 6
corrective action was not taken as ordered. This case did not comply.
Accordingly, it having been brought to the Board's attention that the
R~ondent(s) did not comply with the Order dated 2/23/06, it is hereby ORDERED
~&spondent(S) pay to the City of Boynton Beach, Florida, a fine in the amount of
fi~~?ars ($50.00) per day for the violation(s) that exist at 112 NW 10TH Ave..
\J'.-.IO\
Boy,;tdil'Beach, Florida, more fully described as:
1'....0
HILL T~ LAGE LOT 1 (LESS W 7.5 FT), according to the plat thereof as recorded
--'~\lJJ2)
in Plat BOoK)1 Page 70, of the Public Records of Palm Beach County, Florida.
~.::\ peN: 08-43-45-21-09-000-0012
From ~~rv 25. 2005. which was the date previously set by the Board's
\:-
order for complia~~ntil the date of compliance plus administrative costs in the
.">,/
amount of $96.03 f6~fh inspection totalling $384.12 for 4 inspections and $250.00
filing fee. ...~(r:~~
This Order can ~rded and shall constitute a lien against the above
described property pursu~9~c;raPter 162 of the Florida Statutes.
Ordered this ~O Y~:~y of HfrR.. (' t-f ,2006, at Boynton Beach,
. (i'\\/)
Palm Beach County, Flonda. ~/~
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Cb-_~ C\J /
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({:!> Kathy Cook
~/;.---)~
--:\"=-/1.' VICE CHAIRPERSON
~ CODE ENFORCEMENT BOARD
CITY OF BOYNTON BEACH
c: File
Page 2 of 2
Book20313/Page 1181 Page 5 of 6
The City of Boynton Beach
Police Department
".4 eFA Accndlted L.", EJJfOI'l:t:lllUlt A8U1cy"
100 E. BO}'Dtos Bucb Boulenud
BO}'DtOJJ Bucb, FloridA 33425-0310
Phose: (561) 742-6100
FlU: (561) 742-6185
G. Matthew Immler, Chief of Police
Scott Blasie, Code Compli/IDce Administrator
\', ... Phose: (561) 742-6120
FAX- (561) 742-6838
" AFFIDAVIT OF NON-COMPLIANCE
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DA TE'2/21.L2006
\Gt::,
RE: 112~THAVE
CASE#: 06- 009223
(0::'\
CITY OF BO~~,BEACH, Petitioner VS
\ ( ,~;
'~-~r-:-....
BRANDOM JERRy(~~ELODY A
112 NW 10TH AVE '- ;?-.~,
BOYNTON BEACH, ~~~a:53035
~'"''
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I, \i: )ba\re had the violation, as described in the above-referenced Code
Compliance case, persona .' ;~J'pected or researched and find said violation, is NOT in
compliance ~:;-::;'v~'>
with the Code of the City of BOYrJtorlBeach as of February 27, 2006.
<~;'i $~'
\ '';:~', Affiant . . .
r,-~... ~~}
,- ~
STATE OF FLORIDA ";;;/))
COUNTY OF PALM BEACH, ss:' ':::<.~';,
\:::::.~~
Personally appeared before me, the undersigned authority Scott Blasie, Code Compliance
Administrator and acknowledged that he did execute the foregoing affidavit.
Sworn to and subscribed before as this 27th day of February 2006.
X~.~
Notary Public, State of Florida
My Commission expires:
Filed this 27th day of February ,2006. NOTARY PUBU(.STATE OF FLORIDA
~ Lillian M. Rossi
Commission:; DD293753
Expires: IIt-\R. 14, 2008
Bonded Thru Atlantic Bonding Co., Ine:.
Book20313/Page1182 Page 6 of 6
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CITY OF BOYNTON BEACH. CODE COMPLIANCE BOARD
CITY OF BOYNTON BEACH, FLORIDA
CASE NO. 99-291
Petitioner.
vs.
ES~ MAYS
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~,., 'l',.O ORDER IMPOSING PENALTIES/LIEN
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THIS c~~~ame before a public hearing before the Code Compliance
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Board of the City lff''O~'J,lton Beach, Florida on Aoril 21. 1999 after due notice to
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the Respondent(s}. at(fhfeh time the Board heard testimony under oath.
received evidence, and ~) its findings of fact and conclusions of law and
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thereupon issued its oral ord~\~ich was reduced to writing and furnished to the
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Respondent(s). <:~-;:::,\
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Said Order required the ~~~nt(s} to take certain corrective action by
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the time certain, as more specifical . i}f~~\in that Order with a compliance
date of May 17.1999. Y"- ..5'';<)
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Under oath, the Code Inspector te~~ to the Board that the required
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corrective action was not taken as ordered. ((~~se did not comply to date.
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ORB J. 1237 Pg 161 9
Accordingly, it having been brought to the Board's attention that the
Respondent(s) did not comply with the Order dated 04/30/99, it is hereby
ORDERED thut Respondent(s) pay to the City of Boynton Beach. Florida. a fine
in th~mount of Two Hundred ($200.00) dollars a day plus administrative costs
f~;d~~atiOn(S) that exist at 112 NW 10th Avenue, Boynton Beach, Florida,
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mo~:fg&) described as:
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HILL T~t'{t0GE LOT 1 (LESS W 7.5 FT) according to the plat thereof as recorded in
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ORB 93MAGE Qi40, of the Public Records of Palm Beach County, Florida,
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\;? Grr\ peN; 08-43-45-21-09-000-0012
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From Mav 11':-'99~, which was the date previously set by the Board's order for
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compliance unti~~te of compliance, This Order can be recorded and shalf
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constitute a lien ag~ios{.i/:1a above described property pursuant to Chapter 162 of
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the Florida Statutes. \..( r........
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Ordered this 3nt;(.. ~f:J u...vE: ,1999, at Boynton Beach,
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Palm Beach County, Florida( ( ,~,
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:= LL is ~ ~ ~ '-..</5,':.Ctlristophe e Lisa. CHAIRMAN
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AFFIDAVIT o F NON - COM P L I A NeE
BOYNTON BEACH POLICE DEPARTHE~IT DATE:: E:j04/1999
CODE: COl-'PLIANCE DIVISION PHO!lE# (561)7':2-6120
P.O. BOY. :n 0
BOYNTON' BEACH, FL 33425-0:no RE. 1.12 NW l.OT1i A\rn
CASE# 99-291
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BOYliTO)V'B=*-ft ' FL 3343530349
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I. ( ~=-~~, j have had t.he violation, as described in
the .~ove-refer~ Code C~~pliance Case, personally inspected or
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researched and ~ . .~\aid violation, IS NOT in compliance 'iJi ch the
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Code of the City '~~a6~ton Beach as of 5/20/99.
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STATE OF FLORIDA . /-)\
COUNTY OF' PALM BEACH, SS: ~:::>;;~,
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?ersonally .ppeared "elore .~v i' undersigned autbority Scote Blasie, Code
Compliance Administraeor and a ~~edged that he did execute the fo~e9oin9
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a '_1 av~t, /...,'.-
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S'"o!:n to and subscribed before as ,~s/'~tt~, da~' of June 1999.
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IJcd~rV ublie. State of Florida
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My Commission expires: t( /'/
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Filed this 4th day of June , 1999'. .,~ I'~\ UWANIUIOSS
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. . ORB J!..:1.. 237 Pg :i. E,21,
BEFORE THE CODE COMPLIANCE BOARD
OF THE CITY OF BOYNTON BEACH. FLORIDA
CASE NUMBER: 99-291
C1TY OF BOYNTON BEACH,
FLORIDA
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THIS MATTEFn:am~"before the Code Compliance Board tor hearing on the 21st day of
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April, 1999. Aft~;:~jdering the testimony and evidence the board finds:
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1. Respondent(s) c4(~sS~roperty which is the subject of this Code Board proceeding.
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2. A violation or violati&as existing on the Property as set forth in the Notice of Violation is/are
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as follows: the sse '94 Edition, Se~j.i01.(3, Maintenance; Chapter 20, Article VIII, Minimum Housing
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Standards; Chapter 15. Anicle IX. comm~~pearance Standards; Chapler 13, Article I. Section 13-16; and
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Chapter 10. Article 1. Sections 10-2 and 1(j:S"'~;r;>~\
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3. The Respondent(s) has/have ~~~~r.!y provided with Notice of Hearing and did
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appear at the Hearing. 0-
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It is therefore, \\ /' 'J
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ORDERED AND ADJUDGED THAT: t, (\>:J
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1. Respondent(s) shall correct the violalion/s Ci[(OJA-liilf'6re 05/17/99,
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2. If the Respondent(s) will not comply with this Order;:it-,fine in the amount of $200.00 is
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imposed for each day the violation(s) exist(s) pa~':ttl~.:~\le set for compliance or for each
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time the violation(s) has/have been repeated, Once"a:fj'f.t~~ certified, that Order shall
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thereafter be recorded amongst the Public Records 'g(Rs:lm.Beach County, Florida and
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. ' ORB 11237 P!I 16e2
DOROiHY H. ~rLKEH, CLERK PB COUNTY, FL
shall constitute a lien upon the property localed at: 112 NW 10th Avenue, Boynton Beach,
Florida. and more particularly described as:
HILL TOP VILLAGE LOT 1 (lESS W 7.5 FT) acccrdlng to th~ platlhereot as recorded in ORB 9375 Page
0140. of the Public Records of Palm Beach County. Florida.
~ peN: 08-43-45-21-09-000-0012
3. ~pdry(jent(s) shall advise the Code Compliance Division within 24 hours after the violation(s)
~ been corrected. The Code Compliance Officer assigned to this case will verify 'he
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slalli{.c( e violalion(s}.
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ORD~t;i1::A.ND ADJUDGED after hearing at Boynton Beach, Florida,
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this -30 ~'A~ of r.\Pti\ L . 1999.
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\~:::':'~"';7 CHAIRMAN. CODE COMPLIANCE BOARD
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STATE OF FLORIDA. ~)
COUNTY OF PALM BE H
1 HEREBY CERTIFY that on before me, an offIcer duly authorized in the County aforesaid to take
"'\\ acknowledgments. personally appeared Christo r tJ; iso. Chairman of the Code Compliance Board of the City of Boynton
Beach. florida, 10 me known to be the person des~~~~ who executed the foregoing instrument and he acknowledged
""'ore m. '''''''e e""cuted the sa",.. ~ 0 '" [ . ()
Witness my hand and seal in the County and .~t::~esaid this. ~D - day 0 I lf1'V ,1999,
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C CI k - ~ ElCI'tUS MAIl 7.2002
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CorpOr.1tc Scal </_~" ATlANTIC 1l0NDINe; CO.. INC.
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Meeting Minutes
Code Compliance Meeting
~ynton Seach, FL April 1 &, 2008
Officer Pierre recommended tabling the following case to May 20, 2009:
Case #08-1604 Jennalna & Regina N. Home 2090 NE 1st Lana
Motion
Mr. LaTour moved that Case #08-1604 be tabled until the Code Compliance Board
meeting to be held on May 20, 2009. Ms. Carroll seconded the motion that unanimously
passed.
Officer Pierre recommended tabling the following case to June 17, 2009:
Case #08...836 Gemini Boynton Beach 1, LLC 2290 N. Congre.. Ave.
Motion
Ms. Carroll moved that Case #08-636 be tabled until the Code Compliance Board
meeting to be held on June 17, 2009. Vice Chair Yerzy seconded the motion that
unanimously passed.
Mr. B/asia advised the foJlowing cases were recommended for foreclosure:
Case #89-291 Eseie M. Mays 112 NW 10th Ave.
Case #06-23 Jerry & Melody A. Brandom 112 NW 10th Ave.
Case #99-291 and Case #06-23 involved the same address. The building was vacant
for some time and in various states of disrepair. It has had Code and Police issues and
was located in the Heart of Boynton. The property is a nuisance property, although it
was secured.
Motion
Case # 99-291, Vice Chair Yerzy moved to foreclose. Mr. LaRock seconded the motion
that unanimously passed.
Motion
Case #06-23, Vice Chair Yerzy moved to foreclose. Ms. Carroll seconded the motion
that unanimously passed.
Case # 07-1381 Gail Luchey 124 NW 10th Ave.
Ca.e #07-2141 Andrew & Gall Luchey 118 NW 10th Ave.
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