Agenda 09-03-14 Searchable
The City of
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
WEDNESDAY, SEPTEMBER 3, 2014
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Jerry Taylor
Mayor – At Large
Joe Casello
Vice Mayor – District IV
David T. Merker
Commissioner – District I
Mack McCray
Commissioner – District II
Michael M. Fitzpatrick
Commissioner – District Ill
Lori LaVerriere
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
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WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which
determines the order of business conducted at the meeting. The City Commission will
not take action upon any matter, proposal, or item of business, which is not listed upon
the official agenda, unless a majority of the Commission has first consented to the
presentation for consideration and action.
Consent Agenda Items:
These are items which the Commission does not need to
discuss individually and which are voted on as a group.
Regular Agenda Items:
These are items which the Commission will discuss individually
in the order listed on the agenda.
Voice Vote:
A voice vote by the Commission indicates approval of the agenda item.
This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public
Hearings, Public Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the
right to impose time limits on the discussion on an issue.
Public Hearings:
Any citizen may speak on an official agenda item under the section
entitled “Public Hearings.”
Public Audience:
Any citizen may be heard concerning any matter within the scope of
the jurisdiction of the Commission – Time Limit – Three (3) Minutes
Regular Agenda Items:
Any citizen may speak on any official agenda item(s) listed on
the agenda after a motion has been made and properly seconded, with the exception of
Consent Agenda Items that have not been pulled for separate vote, reports,
presentations and first reading of Ordinances – Time Limit – Three (3) minutes
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record,
your name and address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the
presiding officer to cease further comments and/or to step down from the podium. Failure to
discontinue comments or step down when so ordered shall be treated as a continuing disruption
of the public meeting. An order by the presiding officer issued to control the decorum of the
meeting is binding, unless over-ruled by the majority vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City
Commission Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100
East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the
first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda
Schedule – some meetings have been moved due to Holidays/Election Day).
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1. OPENINGS
A. Call to order - Mayor Jerry Taylor
B. Invocation by Commissioner Merker
C. Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2. OTHER
A. Conduct First Budget Public Hearing for FY 2014/2015 Proposed Annual
Operating Budget.
PROPOSED RESOLUTION NO. R14-077
- Adopt the proposed millage rate for
the General Fund for Fiscal Year 2014-2015.
PROPOSED RESOLUTION NO. R14-078
- Adopt the Tentative Budget for the
General Fund and all other funds for Fiscal Year 2014-2015.
B. Informational Items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Consider the recommendations of the Financial Advisory Committee (FAC)
(TABLED TO 9/3/14).
presented by Steven Grant, FAC Chair
B. Announcement of the Preliminary Flood Maps Public Open House to be held
on Monday, September 8, 2014 from 4:00 p.m. to 7:00 p.m. at the Boynton
Beach City Library in the Library Program Room, located at 208 S. Seacrest
Boulevard, Boynton Beach, FL.
C. Presentation from All Aboard Florida by Ali Soule, Public Affairs Manager and
Jose Gonzalez, Senior VP of Corporate Development
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS
(at the discretion of the Chair, this 3 minute allowance may need to be
adjusted depending on the level of business coming before the City
Commission)
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5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on City
advisory boards. The following openings exist:
Arts Commission: 1 regular and 1 alternate
Building Board of Adjustment and Appeals: 1 alternate
Cemetery Board: 1 alternate
Education & Youth Advisory Board: 1 student N/V
Financial Advisory Committee: 2 regulars and 2 alternates
Golf Course Advisory Committee: 1 alternate
Historic Resource Preservation Board: 2 alternates
Library Board: 1 alternate
Recreation and Parks Board: 1 alternate
6. CONSENT AGENDA
Matters in this section of the Agenda are proposed and recommended by the
City Manager for "Consent Agenda" approval of the action indicated in each
item, with all of the accompanying material to become a part of the Public
Record and subject to staff comments
PROPOSED RESOLUTION NO. R14-079
A. - Approve the acceptance of the
Edward Byrne Memorial Justice Assistance Grant Program (JAG). Our agency
was awarded $34,747 (award # 2014-DJ-BX-0311) on 07/24/2014. The funds
have been allocated towards our Holiday Deployment, the purchase of
SmartWater Home Coding Instant Tracer kits, tasers and computer software.
PROPOSED RESOLUTION NO. R14-080
B. - Assess the cost of nuisance
abatement on properties within the City of Boynton Beach
PROPOSED RESOLUTION NO. R14-081
C. - Approve the City's State Housing
Initiatives Partnership (SHIP) Program Annual Report and authorizing the
Mayor or his designee to execute the Certifications to accompany the report.
PROPOSED RESOLUTION NO. R14-082
D. - Approve a three-year piggyback of
the contract with Thompson Consulting Services, LLC, a Delaware limited
liability company for the purpose of providing disaster debris management and
support services as provided for by the Solid Waste Authority's agreement.
Also to authorize the City Manager to enter into an End User Professional
Services Agreement with Thompson Consulting Services for debris monitoring
services. This service will be used on an "AS NEEDED BASIS" in the event of
an emergency.
PROPOSED RESOLUTION NO. R14-083
E. - Approve an agreement with
Resource Action Programs for the FY 2014-15 implementation of the
WaterWise conservation program for all 5th grade students at schools within
the City of Boynton Beach. The total expenditure for this venture is $38,400, as
a sole source vendor.
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F. Authorize the City Manager and City Attorney to execute Warranty Deeds for
the purpose of transferring landlocked City property to 6 unique residential
property owners.
G. Accept the FY 2013-14 Budget Status Report of the General Fund & Utility
Fund for the ten (10) month period ended July 31, 2014.
H. Approve and authorize the City Manager to execute Task Order U-1C-01 with
GAI Consultants at a cost of $27,000 for the preparation of the Utility 10-Year
Water Supply Facilities Plan Update to be incorporated into the City of Boynton
Beach Comprehensive Plan Update due in March 2015. This is in accordance
with the approval of RFQ 017-2821-14/DJL, General Consulting Services,
Scope Category C as approved by the City Commission on July 1, 2014.
I. Approve the minutes from the Regular City Commission meeting held on
August 19, 2014
7. BIDS AND PURCHASES OVER $100,000
PROPOSED RESOLUTION NO. R14-084
A. - Approve and authorize the City
Manager to execute Task Order U-1B-01 with Mathews Consulting, Inc. for a
not-to-exceed fee of $198,000 for a study of options, surveying, design,
permitting, bidding, and services during construction for the North and South
Roads Utility Stormwater and Water Main Improvements project. This is in
accordance with the approval of RFQ 017-2821-14/DJL, General Consulting
Services, Scope Category B as approved by the City Commission on July 1,
2014.
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity
as Local Planning Agency and City Commission.
PROPOSED ORDINANCE NO.14-015 - SECOND READING - PUBLIC
A.
HEARING
- Approve request for The Women’s Circle rezoning (REZN 14-003)
of subject property from C-3 (Community Commercial) to C-2 (Neighborhood
Commercial), located at 910-918 SE 4th Street. Applicant: Sr. Lorraine Ryan,
The Women's Circle, Inc.
B. Approve a Major Site Plan Modification (MSPM 14-003) to allow expansion of
an existing Social Service Agency (The Women's Circle) from 1,150 square
feet to 5,731 square feet, consisting of a one-story addition of 4,581 square feet
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and related site improvements, located at 910-918 SE 4th Street. Applicant:
. (TABLED TO 9/3/14)
Sister Lorraine Ryan, The Women's Circle, Inc
PROPOSED ORDINANCE NO.14-016 - SECOND READING - PUBLIC
C.
HEARING
- Approve request for Family Dollar rezoning (REZN 14-004) of
portion of subject property from R-2 (Single- and Two-Family Residential
District) to C-2 (Neighborhood Commercial District), located at 1010 N.
Seacrest Boulevard. Applicant: Paul Tremblay, BOOS Redevelopment Group
Ltd.
D. Approve request for New Site Plan to construct a one-story, 8,136 square foot
retail building and related site improvements, on a 0.80-acre parcel located at
1010 North Seacrest Boulevard. Applicant: Paul Tremblay, BOOS
(TABLED TO 9/3/14).
Development Group, Inc.
E. Approve request for Community Design Plan Appeals (CDPA 14-001 & 14-002)
in conjunction with the request to construct a one-story, 8,136 square foot retail
building and related site improvements, on a 0.80-acre parcel located at 1010
North Seacrest Boulevard. Applicant: Paul Tremblay, BOOS Development
(TABLED TO 9/3/14)
Group, Inc.
PROPOSED ORDINANCE NO. 14-013 - FIRST READING - PUBLIC
F.
HEARING
- Approve High Ridge Landing PUD rezoning (REZN 14-002) from a
PUD (Planned Unit Development) with the Master Plan for 110 single-family
homes, to a PUD to be combined with adjacent property to the north,
establishing a Master Plan consisting of 184 apartments, the Imagine Charter
School and athletic fields, located at the NW corner of High Ridge Road and
Miner Road. Applicant: Ron Roan, High Ridge Housing, LLC. (TABLED TO
9/3/14)
PROPOSED ORDINANCE NO. 14-014 - FIRST READING - PUBLIC
HEARING
- Approve High Ridge Landing PUD rezoning (REZN 14-002) from
R-2 (Single and Two-Family Residential District) to a PUD to be combined with
adjacent property to the south establishing a new Master Plan consisting of 184
apartments, the Imagine Charter School and athletic fields, located at the NW
corner of High Ridge Road and Minor Road. Applicant: Ron Roan, High Ridge
(TABLED TO 9/3/14)
Housing, LLC.
G. Approve a Major Site Plan Modification (MSPM 14-002) to allow construction of
184 multi-family rental units (High Ridge Landing) consisting of eight (8) two-
and three-story apartment buildings, amenity area, and related site
improvements at the northwest corner of High Ridge Road and Miner Road, on
8.44 acres within a PUD (Planned Unit Development) zoning district. Applicant:
(TABLED TO 9/3/14)
Ron Roan of High Ridge Housing, LLC.
10. CITY MANAGER’S REPORT
None
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11. UNFINISHED BUSINESS
None
12. NEW BUSINESS
None
13. LEGAL
PROPOSED ORDINANCE NO 14-017- SECOND READING - PUBLIC
A.
HEARING
- Approve request to amend Part II, Chapter 14 of the City Code of
Ordinances entitled "Motor Vehicles and Traffic", by creating a new section 14-
12 entitled "Curbstoning", regulating the purchase and sale of motor vehicles
from individuals other than a dealer; providing for codification; providing for
conflicts; providing for severability; and providing for an effective date.
PROPOSED ORDINANCE NO. 14-018 - SECOND READING - PUBLIC
B.
HEARING
- Approve amendments to Code of Ordinances Part II, Chapter 13
"Licenses", renaming the application review to "Business Use Certificate" and
clarifying inspection process and fees associated with "Certificate of Use and
Occupancy."
PROPOSED ORDINANCE NO. 14-019 - SECOND READING - PUBLIC
C.
HEARING
- Amending Article IV, Chapter 18 of the Boynton Beach Code of
Ordinances entitled Pensions for Firefighters.
PROPOSED ORDINANCE NO. 14-020 - SECOND READING - PUBLIC
D.
HEARING
- Approve amendment to the Land Development Regulations,
Chapter 4, Article 5, Sections 3, 4 and 5 inserting Flexible Parking Provisions
Promoting Smart Growth (CDRV 14-002) through the addition of reduced
parking ratios and eligibility criteria for projects justifying lower parking needs
and accommodating, in part, fuel efficient vehicles, EV charging stations,
incentives for use of mass transit and ride sharing. Applicant: City-initiated.
(TABLED -- TO BE HEARD ON 9/16/14)
PROPOSED ORDINANCE NO. 14-021 - FIRST READING
E. - Approve
amendment to Sections 18-118 and 18-127 of the General Employee's Pension
Plan.
PROPOSED ORDINANCE NO. 14-022 - FIRST READING
F. - Approve a Solid
Waste rate increase and revise the Code of Ordinances, Chapter 10, Garbage,
Trash and Offensive Conditions, to allow for residential rate increase and
language change.
14. FUTURE AGENDA ITEMS
A. Discuss impact of pending legislation legalizing restricted use of medical
marijuana - October 7, 2014
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B. Staff report on Human Rights Council's request for City to update its non-
discrimination policy and offer domestic partnership benefits. - September 16,
2014
C. Commissioner Merker would like to discuss offering Long Term Care insurance
to City employee's as an additional benefit to be paid by employee. -
September 16, 2014
15. ADJOURNMENT
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE
PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO
AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND
ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO
THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR
REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA
ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS
PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK.
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2. A
OTHER
September 2, 2014
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ODE OMPLIANCE AND EGAL
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ETTLEMENTS
RACC:
Conduct First Budget Public Hearing for FY
EQUESTED CTION BY ITY OMMISSION
2014/2015 Proposed Annual Operating Budget.
PROPOSED RESOLUTION NO. R14-077 - Adopt the proposed millage rate for the General
Fund for Fiscal Year 2014-2015.
PROPOSED RESOLUTION NO. R14-078 - Adopt the Tentative Budget for the General Fund
and all other funds for Fiscal Year 2014-2015.
ER:
Staff will provide a budget overview (power point). As a
XPLANATION OF EQUEST
stnd
result of Budget Workshops that were held on July 21 and 22, 2014 the City
Commission approved a tentative millage of 7.9000 mills. Also the following
adjustments were made to the proposed budget after the Budget Workshops.
Adjusted operating budget for Fire Department
1) –
Added $44,700 – To add back 3 firefighter positions that were funded by
Staffing for Adequate Fire and Emergency Response (SAFER) grant that
ends July 1, 2015.
Reduced budget by $103,948 that was for Grant Match for Bunker Gear
replacement, City has been notified they were not awarded the grant.
Decreased Health Insurance Budget Line items in all Departments.
2)
Renewal Rates for Health insurance were received and costs will remain the
same, City had included a 15% anticipated increase in the proposed budget.
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Based on no increase, proposed budget for health insurance was able to be
decreased $990,000 City wide.
General Fund reduction was $712,000.
Adjustment to Fund Balance Appropriation for General Fund
3) – $983,032
reduction from City Manager’s proposed budget of $1,444,388 to a needed fund
balance appropriation of $461,356.
Adjustment to ALS Transport Services Revenue
4) - $200,000 increase of
proposed revenue from $1,300,000 to $1,500,000 based on adoption of a rate
increase for Emergency Medical Transport Services Fees.
Adjustments to Fleet Fund
5) - $1,100,655 decrease from $7,044,739 to
$5,944,084 due to a couple large vehicle purchases being approved to be
ordered in last quarter of FY13/14 because of lead time instead of being ordered
in FY14/15.
The proposed FY14/15 General Fund Budget is $72,540,113 compared to the
approved FY 13/14 General Fund Budget of $71,267,135, an increase of $1,272,978 or
1.78%.
H?
TBD
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
TBD
ISCAL MPACT
A:
N/A – The Commission must adopt an annual budget.
LTERNATIVES
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RESOLUTION R14-077
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA ADOPTING A PROPOSED MILLAGE RATE FOR
THE CITY'S GENERAL OPERATING FUND FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING
SEPTEMBER 30, 2015, ANNOUNCING THE PERCENT, IF
ANY, THE PROPOSED MILLAGE RATE EXCEEDS THE
ROLLED-BACK RATE; ANNOUNCING THE DATE, TIME
AND PLACE OF THE SECOND AND FINAL PUBLIC
HEARING ON THE BUDGET AND MILLAGE RATE;
PROVIDING FOR SEVERABILITY, CONFLICTS AND
PROVIDING AN EFFECTIVE DATE
.
WHEREAS,
a tentative budget has been prepared estimating expenditures and
revenues of the City of Boynton Beach, Florida, for the ensuing year, with detailed
information, including revenues to be derived from sources other than ad valorem levy, and the
administrative staff of the City has made recommendations as to the amount necessary to be
appropriated for the ensuing year; and
WHEREAS,
the City Commission has conducted a public hearing and considered the
recommendations, the suggested tentative budget, and the proposed millage necessary to be
levied to carry on the government of the City for the ensuing year;
WHEREAS,
the City of Boynton Beach, Florida, has followed the procedures as
outlined in Florida Statutes Section 200.065.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The proposed Millage Rate for the 2014-2015 Fiscal Year shall be
7.9000
____ for the General Fund.
Section 3. A copy of the tentative budget shall be published in one issue of a
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newspaper published in Palm Beach County, Florida, and at the same time the public will be
notified of a public hearing to be held on the 16th day of September, 2014, at 6:30 P.M. for the
purpose of hearing suggestions, agreements, objections or criticisms of the tentative budget and
millage. This meeting is for the purpose of setting a final tax levy and final budget.
5.81_ %
Section 4. The proposed millage rate is _ above the computed rolled back
7.4664
rate of .
Section 5. If any clause, section, or other part of this Resolution shall be held by
any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or
invalid part shall be considered as eliminated and shall in no way affect the validity of the other
provisions of this Resolution.
Section 6. This Resolution shall become effective immediately upon passage.
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PASSED AND DULY ADOPTED
this 3rd day of September, 2014.
CITY OF BOYNTON BEACH, FLORIDA
____________________________
Mayor – Jerry Taylor
____________________________
Vice Mayor – Joe Casello
____________________________
Commissioner – David T. Merker
____________________________
Commissioner – Michael M. Fitzpatrick
____________________________
Commissioner – Mack McCray
ATTEST:
________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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RESOLUTION R14-078
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, ADOPTING A TENTATIVE BUDGET FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015;
PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE
DATE.
WHEREAS,
a tentative budget has been prepared by the Interim City Manager
estimating expenditures, transfers, and revenues of the City of Boynton Beach for the ensuing
year, with detailed information, including revenues to be derived from sources other than the
ad valorem tax levy, and she has made recommendations as to the amount necessary to be
appropriated for the ensuing year; and
WHEREAS
, the City Commission of the City of Boynton Beach has conducted a public
hearing in accordance with s. 200.054 Florida Statutes on the City’s tentative budget and the
proposed millage rate.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. That the tentative budget of the City of Boynton Beach, Florida, for the
fiscal year beginning October 1, 2014 and ending September 30, 2015, a copy of which is
attached hereto, is hereby adopted and the appropriations set out therein are hereby made to
maintain and carry on the government of the City of Boynton Beach, Florida.
General
Section 3. There is hereby appropriated the sum of $ 72,540,113 to the
Fund
for the payment of operating expenditures, transfers to other funds, and necessary capital
outlays for the City Government pursuant to the terms of the above budget.
Section 4. That there is hereby appropriated the sum of $ 1,059,000 to
Traffic Safety Special Revenue Fund
the for the payment of operating expenditures, transfers
to other funds, and necessary capital outlays.
Local
Section 5. That there is hereby appropriated the sum of $ 1,172,030 to the
Option Gas Tax Special Revenue Fund
for the payment of operating expenditures, transfers
to other funds, and necessary capital outlays.
Section 6. That there is hereby appropriated the sum of $ 281,362 to the
Community Improvements Special Revenue Fund
for the payment of operating
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expenditures, transfers to other funds, and necessary capital outlays.
Public
Section 7. That there is hereby appropriated the sum of $ 177,035 to the
Arts Special Revenue Fund
for the payment of operating expenditures, transfers to other
funds, and necessary capital outlays.
Section 8. That there is hereby appropriated the sum of $ 1,020,210 to the
Recreation Program Special Revenue Fund
for the payment of operating expenditures,
transfers to other funds, and necessary capital outlays.
Public
Section 9. That there is hereby appropriated the sum of $ 9,586,388 to the
Service Tax Debt Service Fund
for the purpose of payment operating expenditures, transfers
to other funds, and the principal and interest due on the public service tax bonds of the City
not subject to statutory exemptions and for redeeming such bonds as they mature.
General
Section 10. That there is hereby appropriated the sum of $ 2,311,590 to the
Capital Improvement Capital Projects Fund
for the payment of transfers to other funds and
capital outlays pursuant to the terms of the above budget.
Water
Section 11. That there is hereby appropriated the sum of $ 40,212,355 to the
and Sewer Utility Enterprise Fund
for operating expenditures, debt service, transfers to other
funds, and necessary capital outlay.
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Water
Section 12. That there is hereby appropriated the sum of $ 34,136,743 to the
and Sewer Utility Capital Improvement Enterprise Fund
for the payment of capital outlays
pursuant to the terms of the above budget.
Golf
Section 13. That there is hereby appropriated the sum of $ 2,069,872 to the
Course Enterprise Fund
for operating expenditures, transfer to other funds, and necessary
capital outlays.
Solid
Section 14. That there is hereby appropriated the sum of $ 12,090,952 to the
Waste Enterprise Fund
for the payment of operating expenditures, transfers to other funds
and necessary capital outlays.
Fleet
Section 15. That there is hereby appropriated the sum of $ 5,944,084 to the
Maintenance Internal Service Fund
for the payment of operating expenditures, transfers to
other funds, and necessary capital outlays.
Section 16. That there is hereby appropriated the sum of $ 310,358 to the
Warehouse Internal Service Fund
for the payment of operating expenditures, transfers to
other funds, and necessary capital outlays.
Self-
Section 17. That there is hereby appropriated the sum of $ 3,094,379 to the
Insurance Internal Service Fund
for the payment of operating expenditures, transfers to other
funds, and necessary capital outlays.
Cemetery
Section 18. That there is hereby appropriated the sum of $ 380,414 to the
Special Revenue Fund
for the payment of operating expenditures, transfers to other funds, and
necessary capital outlays.
Section 19. A copy of the tentative budget summary shall be published in one issue
of a newspaper published in Palm Beach County and at the same time the public will be
notified of a public hearing to be held on the 16th day of September, 2014, at 6:30 P.M. for the
purpose of hearing suggestions, agreements, objections or criticisms of the final budget and
millage. This meeting is for the purpose of setting a final ad valorem tax levy and final budget.
Section 20. All delinquent taxes collected during the ensuing fiscal year as proceeds
from levies of operation millages of prior years are hereby specifically appropriated for the use
of the General Fund.
Section 21. If any clause, section or other part of this Resolution shall be held by any
court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or
invalid part shall be considered as eliminated and shall in no way affect the validity of the
remaining portions of this Resolution.
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Section 22. All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 23. This Resolution shall become effective immediately upon passage.
rd
PASSED AND DULY ADOPTED
this 3 day of September, 2014.
CITY OF BOYNTON BEACH, FLORIDA
____________________________
Mayor – Jerry Taylor
____________________________
Vice Mayor – Joe Casello
____________________________
Commissioner – David T. Merker
____________________________
Commissioner – Mack McCray
____________________________
Commissioner – Michael Fitzpatrick
ATTEST:
________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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3. A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
September 2, 2014
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Consider the recommendations of the Financial
EQUESTED CTION BY ITY OMMISSION
Advisory Committee (FAC) presented by Steven Grant, FAC Chair (TABLED TO 9/3/14).
ER:
This presentation provides a summary to the City
XPLANATION OF EQUEST
Commission of the Committee’s City Services Citizen Survey and recommendations for
the Commission’s consideration.
The Chair will discuss the Committee’s recommendations and items that were reviewed.
Committee Members: Steven Grant, Chair
Fakhry (Ed) Boulos
Dolores Schlesselman
David Yankovich
H?
The recommendations of the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Financial Advisory Committee propose cost savings alternatives to consider in
connection with City services.
FI:
The fiscal impact on the budget for FY 2014-15 cannot be determined
ISCAL MPACT
at this time for each of the topics studied.
A:
None
LTERNATIVES
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3. B
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
September 2, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 2, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Announcement of the Preliminary Flood Maps
EQUESTED CTION BY ITY OMMISSION
Public Open House to be held on Monday, September 8, 2014 from 4:00 p.m. to 7:00 p.m. at the
Boynton Beach City Library in the Library Program Room, located at 208 S. Seacrest Boulevard,
Boynton Beach, FL.
ER:
The City of Boynton Beach will be hosting the Preliminary
XPLANATION OF EQUEST
Flood Maps Public Open House to be held on Monday, September 8, 2014 in the
Boynton Beach City Library in the Library Program Room. The open houses will
provide the residents of Boynton Beach and Palm Beach County with the opportunity to
see the preliminary maps, learn about their risk of flooding, and ask questions about
what the new maps will mean for their property. Residents can meet one-on-one with a
variety of specialists who will be available to talk about flood insurance, engineering,
building permits and more.
Palm Beach County’s preliminary maps have not yet been officially adopted and will
become effective after this public comment period which will allow the property owner to
submit comments and appeals if they can show that any part of the maps is in error.
Both homeowners and business owners (including rental owners, realtors, mortgage
lenders, surveyors and insurance agents) are encouraged to attend.
There will be three other Public Open House sites in different parts of Palm Beach
County:
September 9, 2014 at the Palm Beach County Hearing Room Chamber at 2300
N. Jog Road, West Palm Beach, FL from 4:00 p.m. – 7:00 p.m.
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September 10, 2014 at the Belle Glade Civic Center/Palm Beach Co. Library at
th
725 NW 4 Street, Belle Glade, FL from 4:00 p.m. – 7:00 p.m.
September 11, 2014 at the Jupiter Community Center at 200 Military Trail,
Jupiter, FL from 4:00 p.m. – 7:00 p.m.
H?
Hosting the Preliminary Flood
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Maps Public Open House makes it convenient for Boynton Beach residents to view the
revised Flood Maps and get important information that could possibly affect their
property and insurance.
FI:
N/A
ISCAL MPACT
A:
Not to allow the announcement.
LTERNATIVES
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3. C
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
September 2, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 3, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Presentation from All Aboard Florida by Ali Soule,
EQUESTED CTION BY ITY OMMISSION
Public Affairs Manager and Jose Gonzalez, Senior VP of Corporate Development
ER:
All Aboard Florida representatives Ali Soule, Public Affairs
XPLANATION OF EQUEST
Manager and Jose Gonzalez, Senior VP of Corporate Development will make a
presentation and answer Commission questions relating to All Aboard Florida, a
commuter train proposed to run from Miami to Orlando daily.
H?
Unknown at this time.
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
Unknown at this time.
ISCAL MPACT
A:
Do not allow presentation.
LTERNATIVES
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5. A
ADMINISTRATIVE
September 2, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 3, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Appoint eligible members of the community to
EQUESTED CTION BY ITY OMMISSION
serve in vacant positions on City advisory boards. The following openings exist:
Arts Commission: 1 regular and 1 alternate
Building Board of Adjustment and Appeals: 1 alternate
Cemetery Board: 1 alternate
Education & Youth Advisory Board: 1 student N/V
Financial Advisory Committee: 2 regulars and 2 alternates
Golf Course Advisory Committee: 1 alternate
Historic Resource Preservation Board: 2 alternates
Library Board: 1 alternate
Recreation and Parks Board: 1 alternate
ER:
The attached list contains the names of those who have
XPLANATION OF EQUEST
applied for vacancies on the various Advisory Boards. A list of vacancies is provided
with the designated Commission member having responsibility for the appointment to fill
each vacancy.
H?
Appointments are necessary to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
keep our Advisory Boards full and operating as effectively as possible.
FI:
None
ISCAL MPACT
A:
Allow vacancies to remain unfilled.
LTERNATIVES
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6. A
CONSENT AGENDA
September 2, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 3, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R14-079 -
EQUESTED CTION BY ITY OMMISSION
Approve the acceptance of the Edward Byrne Memorial Justice Assistance Grant Program
(JAG). Our agency was awarded $34,747 (award # 2014-DJ-BX-0311) on 07/24/2014. The
funds have been allocated towards our Holiday Deployment, the purchase of SmartWater Home
Coding Instant Tracer kits, tasers and computer software.
ER:
XPLANATION OF EQUEST
Approve the acceptance of the Edward Byrne Memorial Justice Assistance Grant
Program (JAG). Our agency was awarded $34,747 (award # 2014-DJ-BX-0311) on
07/24/2014. The funds have been allocated towards our Holiday Deployment Operation,
the purchasing of SmartWater Home Coding Instant Tracer kits, Tasers and computer
software.
The City has received this grant in previous years, following are the amounts that were
received:
FY2013 $36,742
FY2012 $43,791
FY2011 $55,803
FY2010 $67,395
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Our agency has utilized this grant with great success over the past several years to
enhance the performance of the Uniform & Support Services Division. A portion of the
JAG funds are used to supplement our Holiday Deployment Operation which focuses on
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high profile crime prevention. This allows officers to provide extra police presence
during the holiday shopping season. The funds will also be used to purchase
SmartWater Home Coding Instant Tracer kits which will be disbursed to the community
as deemed needed by our Crime Prevention Unit. SmartWater products are colorless,
chemically coded solutions that florescent yellow under UV black light. Once applied to
an item, SmartWater provides traceability for that item and unidentifiable proof of
ownership. In addition a portion of the awarded JAG funds will be used to purchase
Tasers. Some of the Tasers that we currently use have become obsolete and the parts
for repairing them are no longer available, therefore they need to be replaced with a
newer model. The remaining funds will be utilized to purchase computer software which
will assist in documenting k-9 training and other k-9 related reporting making it more
efficient.
FI:
ISCAL MPACT
By accepting this award, the police department will receive $34,747 to improve our
operations and better serve the community and will be accounted for in Fund 105 which
has been established to account for grant revenue and expenditures.
A:
LTERNATIVES
Do not accept the grant award.
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RESOLUTION NO. R14-079
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING
THE EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT PROGRAM (JAG) IN THE
AMOUNT OF $34,747 ALLOCATED TOWARDS THE
HOLIDAY DEPLOYMENT OPERATION, THE PURCHASE
OF SMARTWATER HOME CODING INSTANT TRACER
KITS, TASERS AND COMPUTER SOFTWARE;
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO SIGN THE AWARD; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS,
the City of Boynton Beach Police Department applied for and has been
awarded a grant from the Edward Byrne Memorial Justice Assistance Grant Program; and
WHEREAS,
the grant is in the amount of $34,747; and
WHEREAS,
a portion of the JAG funds will be used to supplement the Holiday
Deployment Operation to provide extra police presence during the holiday shopping season
in the area known as the Congress Avenue Corridor; and
WHEREAS,
in addition, a portion of the JAG funds will be used to purchase
SmartWater Home Coding Instant Tracer kits, tasers and computer software.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach hereby accepts
and authorizes and directs the Mayor and City Clerk to execute the Grant from the U.S.
Department of Justice Edward Byrne Memorial Justice Assistance Grant Program in the
amount of $34,747, a copy of the agreement is attached hereto as Exhibit “A.”
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Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of September, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
_______________________________
Vice Mayor – Joe Casello
_______________________________
Commissioner – David T. Merker
________________________________
Commissioner – Mack McCray
_______________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. B
CONSENT AGENDA
September 2, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 3, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R14-080 -
EQUESTED CTION BY ITY OMMISSION
Assess the cost of nuisance abatement on properties within the City of Boynton Beach
ER:
In accordance with the Municipal Lien Procedure on file in
XPLANATION OF EQUEST
the City of Boynton Beach, the attached list contains the addresses of properties cited
by Code Compliance for nuisances abated by a City-contracted vendor. Finance sent
an invoice to each property owner. There was no response within the required 30-day
period. Copies of the invoices were then forwarded to the City Clerk’s Office for
continuation of the procedure. The property owners were again issued a copy of the
invoice and a letter which offered an opportunity to pay the invoice within an additional
30-day period. The attached list contains the names of the property owners who have
still not responded to our correspondence.
At this point in the procedures, authorization is requested to record liens against these
properties in the public records of Palm Beach County within 30 days of adoption of the
Resolution. Prior to sending the Resolution to the County for recording, the City Clerk
will send another letter to each property owner notifying them they have another 30
days to pay the invoice before the Resolution is sent for recording. An additional
administrative fee of $30 will be added to the assessment when the Resolution is sent
to the County for recording.
Thirty days after the Resolution is recorded, the property owners will receive, by
certified mail, a copy of the Resolution and another letter stating the unpaid balance will
accrue interest at a rate of 8% per annum.
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H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
This process allows us to place liens on the properties in order to
ISCAL MPACT
reimburse the City for the services that were provided when the nuisances were abated.
A:
The alternative would be to not place liens on the properties and not
LTERNATIVES
collect for the service provided.
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RESOLUTION NO. R14-080
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA ASSESSING THE COSTS OF
ABATEMENT OF CERTAIN NUISANCES AGAINST
THE OWNERS OF THE PROPERTIES INVOLVED;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS
, a contract vendor was requested by Code Compliance to mow the lots,
remove vegetation and board up structures on the properties, described in Exhibit “A”; and
WHEREAS
, the owners of the parcel(s) of property hereinafter described were invoiced
by the Finance Department in an effort to recoup these costs with no response; and
WHEREAS,
said nuisance was not abated as required; and,
WHEREAS
, all of the property owners listed in the attached Exhibit “A” were sent
letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien on
their property; and
WHEREAS
, the City Manager or her authorized representative has made a report of
costs actually incurred by the City and abatement of said nuisance as to the property(s) involved,
which is described in Exhibit “A” attached to this Resolution; and
WHEREAS,
upon passage of this Resolution, the property owners will be furnished with
a copy of this Resolution, and given one more opportunity to remit all costs associated with the
abatement in full within 30 days of the passage of the Resolution, before transmittal to the
County for recordation of Liens; and
Now, therefore, be it resolved by the city commission of the city of boynton beach,
Florida as follows:
Section 1: Each Whereas clause set forth above is true and correct and incorporated
herein by this reference.
Section 2: The amount of costs incurred by the City and the abatement of the above-
described nuisance as to the parcels of land, owned and indicated to wit:
SEE ATTACHED EXHIBIT “A”
Subject amount is hereby assessed as liens against said parcels of land as
indicated, plus an additional administrative charge of $30.00 for each Lien. Liens
shall be of equal dignity with the taxes there from for the year 2014, and shall be
enforced and collected in like manner pursuant to applicable provisions of law. In
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the event collection proceedings are necessary, the property owner shall pay all
costs of the proceedings, including reasonable attorneys fees.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of September, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
_______________________________
Vice Mayor – Joe Casello
_______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Mack McCray
ATTEST:
_______________________________
Commissioner – Michael M. Fitzpatrick
_____________________________
Janet M. Prainito, MMC
City Clerk
{Corporate Seal}
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6. C
CONSENT AGENDA
September 2, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 3, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R14-081 -
EQUESTED CTION BY ITY OMMISSION
Approve the City's State Housing Initiatives Partnership (SHIP) Program Annual Report and
authorizing the Mayor or his designee to execute the Certifications to accompany the report.
ER:
Per Florida Statute 420.9072 State Housing Initiative
XPLANATION OF EQUEST
Program (SHIP) funds, the City of Boynton Beach receives an allocation of funds
“which were created for the purpose of providing funds to counties and eligible
municipalities as an incentive for the creation of local housing partnerships, to expand
the production of and preserve affordable housing, to further the housing element of the
local government comprehensive plan specific to affordable housing specific to
affordable housing, and to increase housing-related employment.”
The Statute requires that each county or eligible municipality shall submit to the Florida
Housing Finance Agency each year a report of its affordable housing programs and
accomplishments through June 30 immediately preceding submittal of the report. The
report shall be certified as accurate and complete by the local government’s chief
elected official or his or her designee.
The Statute also requires that the report be made available for public inspection and
comment prior to certifying the report and transmitting it to the corporation.
H?
Failure to submit the report could
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
possibly affect the city’s ability to receive SHIP funds.
FI:
The ability to receive funds as they remain available. This year, the
ISCAL MPACT
City expects to receive $320,403 to assist with its housing programs.
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A:
None.
LTERNATIVES
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RESOLUTION R14-081
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE CITY’S STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) ANNUAL REPORT;
AUTHORIZING THE MAYOR TO EXECUTE THE
CERTIFICATIONS TO ACCOMPANY THE REPORT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
in accordance with Florida Statutes Chapter 420, dedicated revenues
resulting from the William E. Sadowski Affordable Housing Act are distributed to various
municipalities that are “entitled” communities to assist with affordable housing efforts; and
WHEREAS,
the City receives an allocation of funds which, pursuant to F.S.
420.9072 were created for the purpose of providing funds to counties and eligible
municipalities as an incentive for the creation of local housing partnerships, to expand the
production of and preserve affordable housing, to further the housing element of the local
government comprehensive plan specific to affordable housing and to increase housing
related employment; and
WHEREAS,
the Statute requires that each county or eligible municipality shall
submit to the Florida Housing Finance Agency each year a report of its affordable housing
th
programs and accomplishments through June 30 of each year; and
WHEREAS,
the report shall be certified as accurate and complete by the local
government’s chief elected official or his or her designee; and
WHEREAS
, upon the recommendation of staff, the City Commission deems it to be
in the best interests of the citizens and residents of the City of Boynton Beach to approve the
City’s State Housing Initiatives Partnership (SHIP) Annual Report and authorize the Mayor
to execute the Certifications to accompany the report.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1. The foregoing “Whereas” clauses are true and correct and are hereby
ratified and confirmed by the City Commission.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
approves the City’s State Housing Initiatives Partnership (SHIP) Annual Report and
authorizes the Mayor to execute the Certifications to accompany the report.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this ___ day of September, 2014.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Jerry Taylor
_____________________________
Vice Mayor – Joe Casello
_____________________________
Commissioner – David T. Merker
_____________________________
Commissioner – Mack McCray
_____________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. D
CONSENT AGENDA
September 2, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 3, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R14-082 -
EQUESTED CTION BY ITY OMMISSION
Approve a three-year piggyback of the contract with Thompson Consulting Services, LLC, a
Delaware limited liability company for the purpose of providing disaster debris management and
support services as provided for by the Solid Waste Authority's agreement. Also to authorize the
City Manager to enter into an End User Professional Services Agreement with Thompson
Consulting Services for debris monitoring services. This service will be used on an "AS NEEDED
BASIS" in the event of an emergency.
CP:S3,2014J17,2017
ONTRACT ERIOD EPTEMBER TO UNE
The Solid Waste Authority complied with competitive bid requirements which satisfies Boynton
Beach's bid procedure.
ER:
Thompson Consulting Services, LLC will provide temporary
XPLANATION OF EQUEST
debris site monitors on behalf of the City of Boynton Beach after a hurricane to observe
debris unloading operations at the Solid Waste Authority’s temporary debris sites and in
the field to assure efficient handling of load tickets that record FEMA data related to
storm debris. The Thompson Consulting Services will calibrate debris vehicle load
determinations to eliminate discrepancies and will ensure reimbursement capabilities
with FEMA after a hurricane event.
Attached is the Agreement for Disaster Debris Management and Support Services
between the Solid Waste Authority of Palm Beach County and Thompson Consulting
Services, LLC. Article 35 – Agreements with other Governmental Entities, allows the
piggy-back of the agreement to other governmental entities under the same terms and
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conditions, for the same prices and for the same effective period as specified in the
agreement.
Also attached is correspondence from Thompson Consulting Services offering the City
of Boynton Beach, FL the same scope of work, terms, conditions, and pricing that are
found in Agreement Number 14-244 between Thompson and the Solid Waste Authority
of Palm Beach County to provide Disaster Debris Management along with an end use
agreement.
H?
Due to the critical nature of this
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
service, it is imperative to have a contract in place in the event of a
hurricane/disaster/emergency situation.
FI:
Debris monitoring expenditures are eligible for reimbursement from
ISCAL MPACT
FEMA. Utilizing this contract greatly improves the full reimbursement allowed under
FEMA rules for disaster generated material.
A:
Not to piggy-back this contract.
LTERNATIVES
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RESOLUTION NO. R14-082
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING A THREE (3) YEAR
PIGGY-BACK OF THE CONTRACT BETWEEN THE SOLID
WASTE AUTHORITY AND THOMPSON CONSULTING
SERVICES, LLC., FOR DISASTER DEBRIS MANAGEMENT AND
SUPPORT SERVICES PROVIDED BY THOMPSON CONSULTING
SERVICES LLC; AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN END USER PROFESSIONAL SERVICES
AGREEMENT ON AN “AS NEEDED BASIS” IN THE EVENT OF
AN EMERGENCY BEGINNING SEPTEMBER 3, 2014 THROUGH
JUNE 17, 2017; PROVIDING AN EFFECTIVE DATE.
WHEREAS,
due to the critical nature of this service it is imperative to have a
contract in place in order to avoid delays should there be a hurricane/disaster/emergency
situation; and
WHEREAS
, the Solid Waste Authority of Palm Beach County approved an
Agreement (No. 14-244) with Thompson Consulting Services, LLC., to provide disaster
debris management and support services for a period of three (3) years from June 18, 2014 to
June 17, 2017, with an option to extend until April 17, 2021 to be utilized on an “as needed
basis”.
WHEREAS,
Thompson Consulting Services, LLC., will provide temporary debris
site monitors on behalf of the City after a hurricane to observe debris unloading operations at
the Solid Waste Authority’s temporary debris sites and in the field to assure efficient
handling of load tickets that record FEMA data related to storm debris and will calibrate
debris vehicle load to eliminate discrepancies and will insurance reimbursement capabilities
with FEMA after a hurricane event; and
WHEREAS,
upon recommendation of staff, the City Commission has determined
that it is in the best interests of the residents of the City to approve a three (3) year End User
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Professional Services Agreement with Thompson Consulting Services, LLC., to provide
disaster debris management and support services on an “as-needed” basis.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and
incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
approves a three (3) year End User Professional Services Agreement with Thompson
Consulting Services, LLC., based on piggy-backing an agreement with the Solid Waste
Authority’s Agreement with Thompson for disaster debris management and support services
on an “as-needed” basis commencing September 3, 2014 to June 17, 2017 with an option to
renew until April 17, 2021, a copy of which is attached hereto as Exhibit “A”.
Section 3. The City Manager is authorized to execute the End User Professional
Services Agreement with Thompson Consulting Services, LLC.
Section 4. That this Resolution shall become effective immediately.
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PASSED AND ADOPTED
this _____ day of September, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Mack McCray
_______________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. E
CONSENT AGENDA
September 2, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 3, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R14-083 -
EQUESTED CTION BY ITY OMMISSION
Approve an agreement with Resource Action Programs for the FY 2014-15 implementation of
th
the WaterWise conservation program for all 5 grade students at schools within the City of
Boynton Beach. The total expenditure for this venture is $38,400, as a sole source vendor.
ER:
The Waterwise program is an essential element of our water
XPLANATION OF EQUEST
conservation plan required by the South Florida Water Management District (SFWMD)
as part of our Consumptive Use Permit (CUP), the permit that dictates our water
th
allocations. The program educates future rate payers (5 grade students) and current
rate payers (their teachers and parents) on the importance of water conservation. The
program employs classroom activities and the installation of home water saving devices
to illustrate how small changes in water use can make a huge difference. Water usage
is measured before and after the installation of water conserving shower heads and
faucet aerators, giving the participant an accurate estimate of water and energy
savings. The 2013 Waterwise program, implemented by 1,138 students and teachers,
saved an estimated 5.6 million gallons per year or just under one half day’s production.
The estimated savings per household was 4,877 gallons and 459 kW of electricity per
household.
H?
The program will educate
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
approximately 1,200 students and their teachers on lifelong water conservation
principles. Typically the program is implemented during the height of the dry season
which emphasizes its importance. Last year, implementation coincided with the opening
of the new Galaxy Elementary School, a platinum LEED certified building dedicated to
energy self-sufficiency and environmental responsibility. Apart from a water
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consumption reduction, other positive environmental impacts are projected to include:
an equivalent reduction (5.6 million gallons) in wastewater treated and wastewater
treatment costs; a savings of approximately 522,361 kWh of energy to customers (over
$52,000 at ~ 10¢/kWh) that would have been used to heat water.
FI:
Funding is available via the Conservation Fund: 401-2821-536-95-43.
ISCAL MPACT
A:
Do not promote water conservation through this program.
LTERNATIVES
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RESOLUTION NO. R14-083
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AN AGREEMENT
WITH RESOURCE ACTION PROGRAMS IN THE AMOUNT OF
$38,400.00 FOR THE DELIVERY OF THEIR WATERWISE
TH
CONSERVATION PROGRAM TO ALL 5 GRADE STUDENTS AT
SCHOOLS WITHIN THE CITY OF BOYNTON BEACH;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT AND PROVIDING AN EFFECTIVE DATE.
th
WHEREAS,
the WaterWise program educates all 5 grade students in the City’s service
area on the importance of water conservation and emphasizes the positive impact of small
changes in water use habits; and
WHEREAS,
upon recommendation of staff, the City Commission has determined that it
is in the best interests of the residents of the City to enter into an Agreement with Resource
Action Programs in the amount of $38,400.00 for the delivery of their WaterWise Conservation
th
Program for all 5 grade students at schools within the City of Boynton Beach during fiscal year
2014-2015.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission hereby approves an Agreement with Resource
Action Programs in the amount of $38,400.00 for the delivery of their WaterWise Conservation
th
Program to all 5 grade students at schools within the City of Boynton Beach.
Section 3. Authorizing the City Manager to execute an Agreement with Resource
Action Programs, a copy of which is attached hereto as “Exhibit A.”
Section 4. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of September, 2014.
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CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Mack McCray
_______________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. F
CONSENT AGENDA
September 2, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 3, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Authorize the City Manager and City Attorney to
EQUESTED CTION BY ITY OMMISSION
execute Warranty Deeds for the purpose of transferring landlocked City property to 6 unique
residential property owners.
ER:
This past year, the City was approached by the following
XPLANATION OF EQUEST
residents of Cedar Ridge regarding City owned property behind their homes. These
residents included:
1. 18 Pepperwood Court
2. 19 Pepperwood Court
3. 20 Pepperwood Court
4. 9 Redwood Court
5. 10 Redwood Court
6. 11 Redwood Court
Residents had expressed interest in placing fences across City property in addition to
placing other improvements or amenities. Obviously, privately owned fences and
improvements on City property are not allowed. The residents have been using this
property as part of their rear yards for many years and have maintained same.
This request, however, prompted City staff to conduct further research regarding this
City owned land parcel. Evidently, when Cedar Ridge was originally platted in 1983
there was one right of way parcel measuring 15 feet wide and 542.99 feet long that was
slated for abandonment. The right of way eventually became a private land parcel
owned by the City of Boynton Beach and is parcel control number 08-43-45-09-00-000-
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7030. The property appraiser information and aerial exhibit are attached hereto. This
City owned land parcel is landlocked. In other words the City has no legal access to
this parcel except for any access granted by adjacent residential landowners, or Lake
Worth Christian to the north. Thus, this land has no residual value to the citizens of
Boynton Beach. In fact the property appraiser has assigned a land market value of $57.
To dispose of City land, the City is bound by Chapter 2-56(c) of the Municipal Code
which reads as follows:
(c) Real property. Real property may be sold in the manner recommended by
the City Manager and determined by the City Commission to be in the best
interest of the city. With regard to the sale of any real estate owned by the city
which has an appraised value exceeding $100,000.00 as determined by the most
recent valuation of the Palm Beach County Property Appraiser, no such sale shall
be conducted or consummated until such time as subject property has been
appraised by a disinterested qualified appraiser to be designated by the city
commission for the purpose of establishing a fair market value thereon. The sale
of real property for less than the fair market value shall require the approval by a
vote of four-fifths (4/5) of the City Commission.
Because it is apparent that the land parcel is valued well below $100,000, an appraisal
is not needed. However, residents have requested that this land be given to them
proportionate to their existing lot lines at no cost. Therefore, should the City
Commission wish to deed this property to the residents at little or no cost then a four-
fifths majority vote would be required.
The referenced property owners have requested that the City consider deeding land to
them as noted herein. Staff finds no municipal purpose in maintaining public ownership
of this land parcel. In fact, it is staff’s preference to remove this parcel from municipal
ownership and instead place it into private ownership where property values can be
enhanced and a greater use of the land will be realized.
Attached you will find a letter from the six property owners expressing their interest in
this land transfer. It is important to note that the property owners have agreed to provide
and pay for land surveys and property legal descriptions necessary to support the
warranty deed land transfer. There will be no City expense in this endeavor.
Staff Recommendation
Staff recommends that the City Commission authorize the City Attorney to prepare a
warranty deed transferring land to the six prospective land owners. Staff further
recommends that the City Attorney, City Clerk and City Manager be authorized to
execute the warranty deed all subject to receipt of proper land surveys and parcel
descriptions.
H?
Removing this parcel from City
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
ownership would eliminate any future maintenance demands on this land.
FI:
Future maintenance would be privately funded.
ISCAL MPACT
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A:
Continue municipal ownership of a landlocked parcel that has no civic
LTERNATIVES
value.
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6. G
CONSENT AGENDA
September 2, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 3, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Accept the FY 2013-14 Budget Status Report of
EQUESTED CTION BY ITY OMMISSION
the General Fund & Utility Fund for the ten (10) month period ended July 31, 2014.
Explanation of Request
:This report summarizes the estimated funding sources and
the adopted expenditure budgets for the City’s General Fund and Utility Fund for the ten
(10) month period ended July 31, 2014 (83% of the fiscal year). The analysis compares:
Actual results for the current period to the annual budget and
Actual results for the same period of the prior year annual budget.
H?
The annual budget is what
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
provides and controls the resources for City programs and services.
FI:
The annual budget and results to date for the General Fund and Utility
ISCAL MPACT
Fund.
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GENERAL FUND
FY 2013-14FY 2012-13FY 2014 vs. 2013
Annual Annual
Actual to DateActual to Date
BudgetActual
BudgetBudget
Amount%Amount%%%
Revenues & Transfers$ 71,267$ 65,53292%$ 69,643$ 62,81290%2%4%
Expenditures$ (71,267)$ (58,023)81%$ (69,643)$ (55,986)80%2%4%
Excess (Deficit)$ -$ 7,509$ -$ 6,826
Revenues & Transfers (Exhibit A) – Budgeted Funding Sources:
Property taxes
and other revenues provide funding sources of $54.3M or 76% of our total $71.2M
General Fund budget estimate for FY 2013-14. Transfers from other funds (non-
revenues) provide $16.9M or 24% of the total funding sources to balance our $71.2M
General Fund budgeted expenditures.
These three major estimated funding sources are summarized as follows:
1. 36% - $ 25.3M – Property taxes less Tax Increment Financing to the CRA
2. 40% - $ 29.0M – All other revenues plus General Fund Balance
3._24% - $ 16.9M – Transfers from other funds
100% - $ 71.2M – Total funding sources
The property tax rate for FY 2013-14 was increased from 7.6000 mills to 7.9000 mills;
the net property taxes of $25.3M in FY 2013-14 represent a 10% increase in property
tax revenue or an increase of $2.6M from FY 2012-13.
To balance the budget in FY 2013-14, it required transfers from other funds of $16.9M
representing 24% of all funding sources.
Actual Funding Sources Realized:
At the end of the tenth month in FY 2013-14,
revenues and transfers realized are approximately $65.5M of the budget estimate
compared to $62.8M realized to date in FY 2012-13.
Ad Valorem Taxes, net of discounts and TIF taxes to the CRA
, received to date was
$25.0M as compared to $23.3M for FY 2012-13, as noted on Exhibit A.
Other Revenues: The four major revenue sources other than property taxes:
Franchise Fees
1. realized was $3.7M or 83% actual collected compared to $3.9M or
87% in FY 2012-13.
Business Taxes
2. are due at the beginning of the fiscal year. For FY 2013-14,
approximately $1.4M or 102% has been collected compared to the FY 2012-13 amount
of $1.3M or 97%.
State Shared revenues
3. of $6.0M or 86% have been collected in FY2013-14 as
compared to $5.6M or 84% received in FY 2012-13.
Public Safety revenues
4. at this point is ahead of the budgeted amount; $3.9M or
97% was received compared to $3.5M or 90% for FY 2012-13.
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Special Assessment revenues,
5. related to Fire and Rescue, in the amount of
$4.86M or 98% has been collected compared to $4.88M or 100% in FY 2012-13.
Transfers from Other Funds: Current practice is to transfer 1/12 of the budgeted
transfers from other funds each month. This will result in 100% realization of this
funding source for the year.
Expenditures (Exhibit B)
Budgeted Expenditures:
Overall, appropriations increased approximately 2.3% from
$69.6M to $71.2M. The budget increase was due to the cost of doing business,
providing funding for additional landscaping, wage increases and increases for
insurance costs.
Actual Expenditures –
General Fund expenditures for the ten month period ending
July 31 (83% of the fiscal year) are $58.0M that is 81% of the $71.2M expenditure
appropriation for FY 2013-14.
The table at the top of Exhibit B displays actual expenditures of $58.0M or 81% of the
FY 2013-14 budget, not including encumbrances of $995K thru July 2014. At this point
in the fiscal year, spending levels are ahead compared to the $55.9M or 80% actual
spending levels in FY 2012-13 for this same period.
UTILITY FUND
The FY 2013-14 annual expenditure budget of $39.1 M represents a $1.4 M increase
from the FY 2012-13 budget of $37.7 M. The operational forecast reflects an increase of
an estimated $49K into the fund balance for FY 2013-14.
FY 2013-14FY 2012-13FY 2014 vs. 2013
Annual Annual
Actual to DateActual to Date
BudgetActual
BudgetBudget
Amount%Amount%%%
Revenues & Transfers$ 39,167$ 34,83589%$ 37,719$ 31,50484%4%11%
Expenditures$ (39,167)$ (31,516)80%$ (37,719)$ (30,492)81%4%3%
Excess (Deficit)$ -$ 3,319$ -$ 1,012
For the ten month period in FY 2013-14,
Revenues realized are $34.8M (89%) of the annual budget estimate.
Expenditures incurred are $31.5M (80%) of the annual appropriated budget.
This resulted in revenues in excess of expenditures yielding a surplus of approximately
$3.3M.
The following provides brief comments on the Utility Fund revenues and expenditures to
date.
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Revenues (Exhibit C) -
The $34.8M in FY 2013-14 actual revenues and fund balance
have increased over the $31.5M in FY 2012-13, because of two factors:
Water Sales - $16.1M equivalent to 90% of the annual estimate, compared to
$15.0M or 84% at this point in FY 2012-13.
Water Service Charge - $865K equivalent to 192% of the annual estimate,
compared to $429K at this point in FY 2012-13, due to stricter enforcement of
fees associated with delinquent accounts and the reconnection of water service.
Sewer Service - $14.6M equivalent to 87% of the annual estimate, compared to
$13.9M or 84% at this point in FY 2012-13.
In FY 2013-14, $ 49K is being recognized as an added increase to fund balance,
compared to an added increase of $ 1.2M in FY 2012-13.
Expenditures (Exhibit D)
– Utility Fund FY 2013-14 expenditures to date are $31.5M
or 80% of the annual appropriation compared to expenditures of $30.4M or 81% for the
prior fiscal year. Note: encumbrances as of July 2014 totaled $627K.
A:
Discuss this Budget Status Report or request clarification at the City
LTERNATIVES
Commission meeting.
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6. H
CONSENT AGENDA
September 2, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 3, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve and authorize the City Manager to
EQUESTED CTION BY ITY OMMISSION
execute Task Order U-1C-01 with GAI Consultants at a cost of $27,000 for the preparation of the
Utility 10-Year Water Supply Facilities Plan Update to be incorporated into the City of Boynton
Beach Comprehensive Plan Update due in March 2015. This is in accordance with the approval
of RFQ 017-2821-14/DJL, General Consulting Services, Scope Category C as approved by the
City Commission on July 1, 2014.
ER:
Following the completion of the Lower East Coast Water
XPLANATION OF EQUEST
Supply Plan (LEC Plan) by the South Florida Water Management District (SFWMD) the
Utility is required to produce a revised 10-Year Water Supply Facilities Plan Update for
review by SFWMD and incorporation into the City’s Comprehensive Plan. GAI
Consultants were awarded a contract under RFQ 017-2821-14/DJL approved by
Commission on July 1, 2014 to prepare studies under Scope C and GAI has been
selected for this task based upon the approved rotational system.
The output from this work will be subsequently incorporated into the overall Utilities
Master Planning Initiative which will be starting within the next Fiscal year.
H?
The Planning and Development
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Department need the plan revision to enable them to complete their work on the overall
Comprehensive Plan Update.
FI:
Cost for the study will be met from account 403-5000-533-31.90 WTR
ISCAL MPACT
134.
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A:
We are required by State Government to complete this LEC Plan
LTERNATIVES
update.
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6. I
CONSENT AGENDA
September 2, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 3, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve the minutes from the Regular City
EQUESTED CTION BY ITY OMMISSION
Commission meeting held on August 19, 2014
The City Commission met on August 19, 2014 and minutes were prepared from the
notes taken at the meetings. The Florida Statutes provide that minutes of all
Commission meetings be prepared, approved and maintained in the records of the City
of Boynton Beach.
H?
A record of the actions taken by
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the City Commission will be maintained as a permanent record.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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7. A
BIDS AND PURCHASES OVER $100,000
September 2, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 3, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R14-084 -
EQUESTED CTION BY ITY OMMISSION
Approve and authorize the City Manager to execute Task Order U-1B-01 with Mathews
Consulting, Inc. for a not-to-exceed fee of $198,000 for a study of options, surveying, design,
permitting, bidding, and services during construction for the North and South Roads Utility
Stormwater and Water Main Improvements project. This is in accordance with the approval of
RFQ 017-2821-14/DJL, General Consulting Services, Scope Category B as approved by the
City Commission on July 1, 2014.
ER:
The North and South Roads neighborhood is adjacent to the
XPLANATION OF EQUEST
Intracoastal Waterway and has experienced flooding during minor rain events and major
storms, such as hurricanes and tropical storms. The neighborhood is particularly
vulnerable as it is at sea level and is prone to flooding due to tidal influence, rain
accumulation, and storm surge. In addition, the potable water mains in the
neighborhood are at the end of their life cycle, and are in need of replacement. This
project will improve the drainage in the neighborhood, eliminate the routine flooding
nuisances, and upgrade the potable water system. Mathews Consulting, Inc. was
approved under RFQ 017-2821-14/DJL by Commission on July 1, 2014 for
infrastructure improvements under Scope B and Mathews Consulting, Inc. has been
selected for this task based upon the approved rotational system.
Mathews Consulting will provide a study of options, surveying, design, permitting,
bidding, and services during construction for the project. Phase I will include reviewing
the current design and providing multiple options to the City for review and approval and
will be completed for a lump sum value of $23,950.00. Phase II includes completing
modifications to the current design and providing construction services for the project.
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The fee for Phase II will not exceed $174,050.00 and will be finalized after the options in
Phase I are reviewed and one option selected for the project.
H?
This project will provide improved
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
service to the neighborhood for stormwater and potable water, improved drainage,
elimination of flooding and standing water nuisances, and improved potable water
service and reliability.
FI:
Mathews Consulting’s total fee for the project is a not-to-exceed amount
ISCAL MPACT
of $198,000.00. Funding for this project is available under Utilities account 403-5000-
538-65-09, project STM032.
A:
Not approve the task order and delay the project.
LTERNATIVES
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RESOLUTION NO. R14-084
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING TASK ORDER U-1B-01 FOR MATHEWS
CONSULTING, INC., IN AN AMOUNT NOT TO EXCEED $198,000
FOR A STUDY OF OPTIONS, SURVEYING, DESIGN, PERMITTING,
BIDDING AND SERVICES DURING CONSTRUCTION FOR THE
NORTH AND SOUTH ROADS UTULITY STORMWATER AND
WATER MAIN IMPROVEMENTS PROJECT AND AUTHORIZING
THE CITY MANAGER TO SIGN THE TASK ORDER ON BEHALF OF
THE CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City Commission approved RFQ 017-2821-14/DJL, General Consulting
Services, on July 1, 2014; and
WHEREAS,
this Task Order falls under the Scope of Category B of RFQ 017-2821-
14/DJL for infrastructure improvements and Mathews Consulting, Inc., has been selected for this
task based on the approved rotational system; and
WHEREAS,
the City Commission of the City of Boynton Beach upon recommendation
of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve
Task Order U-1B-01 in the amount of $198,000 to Mathews Consulting, Inc., for a study of
options, surveying, design, permitting, bidding, and services during construction for the North
and South Roads Utility Stormwater and Water Main Improvement project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT
:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
approve Task Order U-1B-01 in the amount of $198,000 to Mathews Consulting, Inc., for a
study of options, surveying, design, permitting, bidding, and services during construction for the
North and South Roads Utility Stormwater and Water Main Improvement project and authorize
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the City Manager to sign the Task Order, a copy of which is attached hereto as Exhibit “A.”
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of September, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Mack McCray
_______________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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9. A
PUBLIC HEARING
September 2, 2014
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Septebmer 3, 2014
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RACC:
PROPOSED ORDINANCE NO.14-015 -
EQUESTED CTION BY ITY OMMISSION
SECOND READING - PUBLIC HEARING - Approve request for The Women’s Circle rezoning
(REZN 14-003) of subject property from C-3 (Community Commercial) to C-2 (Neighborhood
th
Commercial), located at 910-918 SE 4 Street. Applicant: Sr. Lorraine Ryan, The Women's
Circle, Inc.
ER:
This item is a request from the Women’s Circle to rezone its
XPLANATION OF EQUEST
property, consisting of 3 parcels, from C-3 (Community Commercial) to C-2
(Neighborhood Commercial). The agency provides education and job training to low-
income immigrant women striving for self-sufficiency. Initially, the services were housed
in a building located on the middle parcel, acquired in 2009; in 2012, the agency bought
the adjacent lot to the north and one to the south of the property, with a plan to expand
its services to accommodate a constantly growing demand.
At the time the Women’s Circle obtained its first property at a current location, a Social
Service Agency use was permitted in the C-3 zoning district. Then, in May of 2012,
amendments to the Land Development Regulations introduced major changes affecting
several not-for-profit uses. Consequently, a Social Service Agency was eliminated as a
permitted use in the C-3 zoning district.
The proposed rezoning to C-2 would allow the Women’s Circle to expand the facility to
add clients and increase the scope of services to continue its mission, which is
consistent with the City’s Economic Development Program’s goal of supporting training
opportunities to upgrade worker skill sets. Moreover, the proposed rezoning is
compatible with the surrounding uses, and the proximity of The Women’s Circle to
residential communities is expedient to the agency’s potential clients who may live
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there. Finally, the subject location, with no frontage of Federal Highway, is not likely to
develop as one of more intensive uses allowed in the C-3 district, which require better
access and better visibility.
The Planning and Development Board recommended this request for approval on July
22, 2014.
H?
No impact on City programs or
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
services.
FI:
The agency is a not-for-profit organization and therefore exempt from
ISCAL MPACT
ad valorem taxes; the additional fire assessment will be $916. The estimate of total
annual fees for water, sewer, and stormwater is $1,367. The necessary services can be
provided within the existing capacity of the respective city departments: no additional
capital outlays or increased staffing would be required.
A:
None recommended
LTERNATIVES
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ORDINANCE NO. 14-015
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF SR. LORRAINE RYAN OF
THE WOMEN’S CIRCLE, INC., AMENDING ORDINANCE 02-013
TO REZONE A PARCEL OF LAND LOCATED AT 910-918
TH
SOUTHEAST 4 STREET, AS MORE FULLY DESCRIBED HEREIN,
FROM COMMUNITY COMMERCIAL DISTRICT (C-3) TO
NEIGHBORHOOD COMMERCIAL DISTRICT (C-2); PROVIDING
FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE
.
WHEREAS,
the City Commission of the City of Boynton Beach, Florida has adopted
Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and
WHEREAS,
Sr. Lorraine Ryan has filed a petition on behalf of the owner, The Women’s
Circle, Inc., to rezone a parcel of land more particularly described hereinafter; and
WHEREAS,
the City Commission, following required notice, conducted a public hearing
to consider the rezoning and heard testimony and received evidence which the Commission finds
supports a rezoning for the property hereinafter described; and
WHEREAS
, the City Commission finds that the proposed rezoning is consistent with the
Land Use described in the City’s Comprehensive Plan; and
WHEREAS,
the City Commission deems it in the best interests of the inhabitants of said
City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
th
Section 2. The following described land located at 910-918 Southeast 4 Street, as
more fully described herein, is hereby rezoned from Community Commercial District (C-3) to
Neighborhood Commercial District (C-2):
LEGAL DESCRIPTION:
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A PARCEL OF LAND IN THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 28, TOWHSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH
HALF OF THE NORTHEAST QUARTER OF SAID SECTION 28 WITH THE WEST
RIGHT-OF-WAY LINE OF STATE ROAD NO.5 (US HIGHWAY NO.1), WHICH
POINT OF INTERSECTION IS 86.36 FEET WEST OF THE EAST SECTION LINE,
WHEN MEASURED ALONG SAID NORTH LINE OF THE SOUTH HALF OF THE
NORTHEAST QUARTE; THENCE WESTERLY ALONG SAID NORTH LINE A
DISTANCE OF 196.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
WESTERLY ALONG THE SAME COURSE A DISTANCE OF 97.21 FEET TO THE
TH
EAST RIGHT-OF-WAY LINE OF SE 4 STREET, A 60 FOOT RIGHT-OF-WAY AS
LAID OUT AND IN USE; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY
LINE A DISTANCE OF 118.52 FEET TO THE NORTHWEST CORNER OF THE PLAT
OF PARKER ESTATE, AS RECORDED IN PLAT BOOK 10, PAGE 37, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, ALSO BEING THE
NORTHWEST CORNER OF LOT 24 OF SAID PLAT; THENCE CONTINUE ALONG
THE SAME LINE, BEING THE WEST LINE OF SAID LOT 24 AND ALONG THE
WEST LINE OF LOT 23 OF SAID PLAT, A DISTANCE OF 75.00 FEET; THENCE
EASTYERLY , PARALLEL TO THE SOUTH LINE OF SAID LOT 24, A DISTANCE
OF 100.00 FEET TO THE EAST LINE OF SAID LOT 23; THENCE NORTHERLY
ALONG SAID EAST LINE OF LOT 23, AND ALONG EAST LINE OF SAID LOT 24,
A DISTANCE OF 75.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 24;
THENCE WESTERLY, ALONG THE NORTH LINE OF SAID LOT 24, A DISTANCE
OF 4.58 FEET TO A POINT 125.42 FEET EASTERLY OF THE NORTHWEST
CORNER OF SAID LOT 24; THEN NORTHERLY AT RIGHT ANGLES TO THE
PRECEEDING COURSE, A DISTANCE OF 118.52 FEET TO THE POINT OF
BEGINNING.
CONTAINING 18,914 SQUARE FEET, OR 0.43 ACRE.
A location map is attached hereto as Exhibit “A” and made a part of this Ordinance by reference.
Section 3. That the Zoning Map of the City is amended to reflect this rezoning.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 5. Should any section or provision of this Ordinance or any portion thereof be declared
by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of
this Ordinance.
Section 6. This ordinance shall become effective immediately upon passage.
th
FIRST READING this 19 day of August, 2014.
SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2014.
CITY OF BOYNTON BEACH, FLORIDA
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______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Mack McCray
______________________________
ATTEST: Commissioner – Michael M. Fitzpatrick
_______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 14-020
STAFF REPORT
TO: Chair and Members
Planning and Development Board
THRU: Michael Rumpf
Planning and Zoning Director
FROM: Hanna Matras, Senior Planner
DATE: July 1, 2014
PROJECT: The Women’s Circle
REZN 14-003
REQUEST: Approve request for The Women’s Circle rezoning (REZN 14-003)
of subject property from C-3 Community Commercial District to C-2
Neighborhood Commercial District
________________
PROJECT DESCRIPTION
Property Owner: The Women’s Circle, Inc.
Applicant: Sr. Lorraine Ryan/The Women’s Circle, Inc.
th
910-918 SE 4 Street (Exhibit “A”)
Location:
Existing Land Use/
Zoning: Local Retail Commercial (LRC) / C-3 Community Commercial
District
Proposed Land Use/
Zoning: No change in Land Use / C-2 Neighborhood Commercial District
Proposed Use: Social Service Agency: proposed addition to an existing building
and related improvements
Acreage: +/- 0.43 acre
Adjacent Uses:
North: Developed property (a Chase Bank), classified Local Retail Commercial and
zoned C-3 Community Commercial District.
South: Developed Property (City facility—Senior Center), classified Local Retail
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Commercial and zoned C-3 Community Commercial District.
East: To the northeast, developed commercial property (a motel), classified Local
Retail Commercial and zoned C-3 Community Commercial District; to the
southeast, a developed commercial property and, further south, a restaurant,
both properties classified Local Retail Commercial and zoned C-3 Community
Commercial District.
West: The right of way of SE 4 th Street; further west, developed single-family homes
and developed duplex, all classified Medium Density Residential and zoned R-2,
Single- and Two-Family Residential District.
BACKGROUND
The subject property includes three parcels. The Women’s Circle Inc., a social service agency providing
education and job assistance to low-income women, mostly Haitian immigrants, has housed its services
and classes in a building located on the middle parcel. The agency moved to this location in 2009, buying
the property with the financial assistance (loan) from the CRA. In 2012, it bought the adjacent lot to the
north and one to the south of the property, with a plan to expand the facility to accommodate a growing
demand for its services. However, under the current property’s C-3 zoning, a Social Service Agency is a
nonconforming use and therefore the expansion of the use cannot proceed. To address this issue, the
Women’s Circle is requesting to rezone the property to C-2, the Neighborhood Commercial District in
which the subject use is permitted. If approved, the rezoning will allow the organization to carry out its
expansion plans.
At the time the Women’s Circle obtained its first property at a current location, a Social Service Agency
use was permitted in the C-3 zoning district. Then, in May of 2012, the City amended the Land
Development Regulations (LDR) to implement recommendations of the Moratorium Study conducted by
staff (Notice of Intent #2011-01) and thus introduced major changes affecting the zoning districts that
permit not-for-profit uses such as churches, schools, social service agencies, and civic and fraternal
organizations in certain zoning districts.
The study recommendations and subsequent amendments supported several of the Economic
Development initiatives adopted by the City Commission in 2011 as part of the Economic Development
Program and Initiatives, with the emphasis on provisions for tax-exempt uses in the context of a more
comprehensive analysis of how to maximize economic and fiscal value of development in the C-3, C-4,
PCD, PID, M-1 and mixed use zoning districts. The City had little industrial and commercial land left, and,
moreover, was facing fiscal problems. Therefore, maximizing land available for “for-profit” businesses and
maximizing contribution of new development to the City’s tax base became an important goal.
As a result of these LDR amendments, a Social Service Agency was eliminated as a permitted use in the
C-3 zoning district, and The Women’s Circle was granted legal non-conforming status, allowing it to
function but not to expand.
REVIEW BASED ON CRITERIA
The criteria used to review Comprehensive Plan amendments and rezonings are listed
in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section
2.D.3. These criteria are required to be part of a staff analysis when the proposed
change includes an amendment to the Comprehensive Plan Future Land Use Map
(FLUM) or a rezoning.
a. Demonstration of Need. A demonstration of need may be based upon changing
conditions that represent a demand for the proposed land use classification and
zoning district. Appropriate data and analysis that adequately substantiates the
need for the proposed land use amendment and rezoning must be provided within
the application.
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The subject request constitutes a down-zoning—the uses allowed in the proposed
zoning district, C-2 Neighborhood Commercial, are less intensive than uses allowed
under the current zoning, C-3 Community Commercial. Note that both zoning districts
share the underlying future land use classification, Local Retail Commercial (LRC). In
terms of general demand, the subject location, with no frontage of Federal Highway, is
not likely to develop as one of more intensive uses allowed in the C-3 district, which
require better access and better visibility.
The need criterion is certainly backed by the economic benefit that the Agency provides
to the community. Through its educational and job development programs, it empowers
poor (mostly) emigrant women to become self-supporting, productive members of the
society. Women’s Circle has been growing for the last four years and needs to expand
the facility. In 2013, 266 women attended classes.
b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM)
and rezoning would be consistent with the purpose and intent of, and promote, the
applicable Comprehensive Plan policies, Redevelopment Plans, and Land
Development Regulations.
The proposed rezoning is not inconsistent with any policies of the Comprehensive Plan
or Land Development Regulations (LDR). The request is consistent with the latter in the
sense that LDRs prohibit expansion of nonconforming uses, so rezoning can be
considered the most rational option for the agency to pursue (especially since it has
been providing services at the subject location since 2009). The property is located
directly south of the Downtown Transit-Oriented Development District, within which
lowering of the allowed intensity would be incompatible with the recommendations for
high density and intensity development.
c. Land Use Pattern. Whether the proposed Future Land Use Map amendment
(FLUM) and rezoning would be contrary to the established land use pattern, or
would create an isolated zoning district or an isolated land use classification
unrelated to adjacent and nearby classifications, or would constitute a grant of
special privilege to an individual property owner as contrasted with the protection of
the public welfare. This factor is not intended to exclude FLUM reclassifications and
rezonings that would result in more desirable and sustainable growth for the
community.
An isolated zoning district, created by spot zoning, means placing a small area of land
in a different zoning district from that of neighboring properties. Many view this practice
as unfair, since it suggests special privilege to an individual property owner. However,
in some cases rezonings that meet the above definitions are not considered “spot-
zoning.” Here are several reasons why the subject request is not a spot zoning, and
therefore not a granting of a special priviledge to the property owner:
It is a down-zoning;
It does not involve change in the future land use classification;
The area includes diverse uses and zoning districts with which the use is
compatible—within 600 feet of the property, zoning districts include: R1-AA, R-2, R-
3, C-1, C-2, C-3, and M-1. (Property directly south of the property is City’s Senior
Center, and as such will be shortly rezoned to PU, Public Use.)
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Rather than confer a benefit to the owner, it serves a very useful purpose to the low-
income community;
It supports economic development; and
The agency has been providing services out of this location since 2009
Finally, the Comprehensive Plan Housing Element, Policy 6.9.5, reads: The City shall
explore outside funding sources to ensure the availability of social, educational, and
recreational services to very low-, low- and moderate-income households.
d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM)
and rezoning would support the integration of a mix of land uses consistent with the
Smart Growth or sustainability initiatives, with an emphasis on 1) complementary
land uses; 2) access to alternative modes of transportation; and 3) interconnectivity
within the project and between adjacent properties.
The subject location of The Women’s Circle is close to residential communites, where the
agency’s potential clients may live. Generally, women served by the agency have no cars; they
walk or take a bus—the Palm Tran route runs along nearby Federal Highway. Finally and
importantly, the use supports economic sustainability.
e. Availability of Public Services / Infrastructure. All requests for Future Land Use
Map amendments shall be reviewed for long-term capacity availability at the
maximum intensity permitted under the requested land use classification.
This request is for rezoning only.
Traffic will be reviewed as part of the site plan. Drainage will be reviewed in detail as part of the
site plan, land development, and building permit review processes.
f. Compatibility. The application shall consider the following factors to determine
compatibility:
(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning
would be compatible with the current and future use of adjacent and nearby
properties, or would negatively affect the property values of adjacent and nearby
properties; and
(2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning
is of a scale which is reasonably related to the needs of the neighborhood and the
City as a whole.
(1) The request is for rezoning only. As stated in response to criterion “a,” the area
includes diverse uses and zoning districts with which the use of a Social Service
Agency is compatible. Two, C-1 and C-2, are intended locations for such a use. The
use is conditional in the R-2 and R-3 districts, and not permitted in the nearby R1-
AA district; however, the proximity of The Women’s Circle to residential communities
is expedient to the agency’s potential clients who may live there (see response to
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“d”).
The agency has been operating out of the subject location for the last five years. The
request, if approved, will result in down-zoning. Staff foresees no negative impact on
property values.
(2) The rezoning is related to the needs of both. (See also a response to “a” and “d”.)
g. Direct Economic Development Benefits. For rezoning/FLUM amendments
involving rezoning to a planned zoning district.
N/A
h. Economic Development Impact Determination for Conventional Zoning
Districts. For rezoning/FLUM amendments involving rezoning to a conventional
zoning district, the review shall consider whether the proposal would further
Economic Development Program, but also determine whether the proposal would:
(1) Represent a potential decrease in the possible intensity of development,
given the uses permitted in the proposed land use category and/or zoning district; and
(2) Represent a potential decrease in the number of uses with high probable
economic development benefits.
Even though the request represents a potential decrease in the intensity of development
and in the number of uses with economic development benefits, it does pertain to an
already existing use which, as stated previously, supports economic development
providing education and job training to low-income immigrant women striving for self-
sufficiency.
i. Commercial and Industrial Land Supply. The review shall consider whether the
proposed rezoning/FLUM amendment would reduce the amount of land available for
commercial/industrial development. If such determination is made, the approval can
be recommended under the following conditions:
(1) The size, shape, and/or location of the property makes it unsuitable for
commercial/industrial development; or
(2) The proposed rezoning/FLUM amendment provides substantiated evidence of
satisfying at least four of the Direct Economic Development Benefits listed in
subparagraph “g” above; and
(3) The proposed rezoning/FLUM amendment would result in comparable or higher
employment numbers, building size and valuation than the potential of existing land
use designation and/or rezoning.
The proposed rezoning changes intensity of development allowed on the property,
but the future land use classification remains commercial. Moreover, the requests
pertain to an existing use, which, although not commercial, provides economic
development benefits.
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j. Alternative Sites. Whether there are adequate sites elsewhere in the City for the
proposed use in zoning districts where such use is already allowed.
The request is for an existing use, operating on the subject location since 2009.
k. Master Plan and Site Plan Compliance with Land Development Regulations.
When master plan and site plan review are required pursuant to Section 2.D.1.e
above, both shall comply with the requirements of the respective zoning district
regulations of Chapter 3, Article III and the site development standards of Chapter 4.
The concurrent site plan shall comply with said requirements.
RECOMMENDATION
The staff’s review of the request indicates that the proposed rezoning is compatible with
the surrounding uses and allows The Women’s Circle to expand a business beneficial to
the community in a location of close proximity to potential clients. Moreover, since the
subject location is not conducive to more intense uses for which it is currently zoned,
staff recommends that the subject request be approved.
S:\Planning\SHARED\WP\PROJECTS\Women's Circle\REZN 14-003\Staff Report Womens Circle.doc
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9. B
PUBLIC HEARING
September 2, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 3, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
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A/P UB
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NO
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ONSENT GENDAEGAL
BP$100,000 FAI
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ETTLEMENTS
RACC:
Approve a Major Site Plan Modification (MSPM 14-
EQUESTED CTION BY ITY OMMISSION
003) to allow expansion of an existing Social Service Agency (The Women's Circle) from 1,150
square feet to 5,731 square feet, consisting of a one-story addition of 4,581 square feet and
th
related site improvements, located at 910-918 SE 4 Street. Applicant: Sister Lorraine Ryan,
The Women's Circle, Inc. (TABLED TO 9/3/14)
ER:
The Women’s Circle, a not-for-profit social service agency
XPLANATION OF EQUEST
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established in the year 2000 has been located at 912 SE 4 Street for the last five (5)
years. The Women’s Circle assists low-income women of all cultures, faiths, and
circumstances in their pursuit of educational, employment, spiritual, and personal goals.
The applicant indicates that demand for services provided by the Women’s Circle has
increased over the past few years and a larger facility is needed. They have purchased
the adjacent lots to the north and south for expansion purposes. However, the Land
Development Regulations were recently revised pursuant to economic development
initiatives, and a social service agency is no longer a use that is permitted in the C-3
zoning district. The existing use on site is now considered a valid nonconforming use
and expansion is not allowed. The new use category “Social Service Agency” is a
permitted use only in the C-1 and C-2 zoning districts. Therefore, the applicant is
proposing to rezone the subject lots from C-3 to C-2 (see REZN 14-003) concurrent with
their request for a major site plan modification. If rezoned to C-2, the current social
service agency will become a conforming use that can expand. Proposed is a 4,581
square foot building addition to the current 1,150 square foot office for a total building
size of 5,731 square feet. Other site improvements include a 15-space on-site parking
lot (including one (1) handicap accessible space), site lighting, landscaping and
irrigation, and public art.
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The Planning & Development Board at their July 22, 2014 meeting voted to approve the
request for a major site plan modification.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
The agency is a not-for-profit organization and therefore exempt from
ISCAL MPACT
ad valorem taxes; the additional fire assessment will be $916. The estimate of total
annual fees for water, sewer, and stormwater is $1,367. The necessary services can be
provided within the existing capacity of the respective city departments: no additional
capital outlays or increased staffing would be required.
A:
None recommended.
LTERNATIVES
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 14-015
STAFF REPORT
TO: Chair and Members
Planning and Development Board and City Commission
THRU: Michael Rumpf
Planning and Zoning Director
FROM: Kathleen Zeitler
Planner II
DATE: July 14, 2014
PROJECT NAME/NO: The Women’s Circle / MSPM 14-003
REQUEST: Major Site Plan Modification
PROJECT DESCRIPTION
Property Owner:
The Women’s Circle Inc.
Applicant:
Sister Lorraine Ryan, MMS, The Women’s Circle Inc.
th
Location:
910 – 918 SE 4 Street(see Exhibit “A” – Location
Map)
Existing Land Use:
Local Retail Commercial (LRC)
Existing Zoning:
C-3,Community Commercial
Proposed Land Use:
No change proposed
Proposed Zoning:
C-2, Neighborhood Commercial (see REZN 14-003)
Proposed Use:
Request major site plan modification to expand an existing Social
Service Agency (The Women’s Circle) from 1,150 square feet to
5,731 square feet consisting of a one-story addition of 4,581
square feet and related site improvements.
Acreage:
0.43 acre (18,914 square feet)
Adjacent Uses:
North:
A bank (Chase) fronting Federal Highway on property classified Local Retail
Commercial (LRC) future land use, and zoned Community Commercial (C-3);
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South:
A duplex residential use on property classified Local Retail Commercial
(LRC) future land use, and zoned Community Commercial (C-3);
East:
A 15-unit motel (Tiki Hut) and Restaurant (Papa John’s Pizza) fronting
Federal Highway on property classified Local Retail Commercial (LRC)
future land use, and zoned Community Commercial (C-3); and
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West:
Right-of-way for SE 4 Street, and farther west are two lots with single-
family residential use, and a lot with a triplex (3-unit) residential use, on
properties classified Medium Density Residential (MEDR) future land use,
and zoned Single-Family and Two-Family (Duplex) Residential (R-2).
Site Details:
The Women’s Circle, a not-for-profit social service agency established in
th
the year 2000 has been located at 912 SE 4 Street for the last five (5)
yearsThey have outgrown their 1,150 square foot office and purchased
.
the adjacent lots to the north and south for expansion purposes. Lot size
has increased from 7,375 square feet (0.17 acre) to 18,914 square feet
(0.43-acre) and all three (3) lots are requested to be rezoned to C-2
(Neighborhood Commercial) to allow the proposed expansion (see REZN
14-003).
The existing residential structures on the adjacent lots to the north and
south of the Women’s Circle are older structures and, although they are
not designated historic or protected under the Historic Preservation
Ordinance, efforts were made by the applicant (working with the City’s
Historic Preservation Planner) to find interested parties to take and
relocate the structures. These efforts have proved unsuccessful to date,
and the structures on the adjacent lots to the north and south are slated
to be demolished for a proposed 4,581 square foot building addition to the
north, and a proposed parking lot to the south.
A recorded Unity of Title, combining the three (3) lots into one (1) lot will
be required prior to construction. Several existing trees are to remain on
site including a large canopy Mahogany tree and Sabal Palms. Existing
trees to be removed are primarily invasive or non-native species. The
applicant is proposing extra trees to mitigate the removal of existing trees
on site that conflict with the proposed construction.
BACKGROUND
Proposal:
The Women’s Circle assists low-income women of all cultures, faiths, and
circumstances in their pursuit of educational, employment, spiritual, and
personal goals. According to their website, the mission of this outreach
group is to help empower low-income women to realize their full potential
to become all they can be, and to gain financial stability by providing
assistance with education and career development. In 2009, the
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Women’s Circle moved to their current location at 912 SE 4 Street. At
that time they received site plan approval and obtained a parking variance
(ZNCV 09-002) to allow four (4) on-street parallel parking spaces in
addition to a mutual parking agreement with the City to use the Senior
Center for overflow parking as needed.
The applicant indicates that demand for services provided by the
Women’s Circle has increased over the past few years and a larger
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facility is needed. However, the Land Development Regulations were
recently revised to address non-profit agencies in commercial zoning
districts, and a social service agency is no longer a use that is permitted
in the C-3 zoning district. The existing use on site is now considered a
valid nonconforming use and expansion is not allowed. The new use
category “Social Service Agency” is a permitted use only in the C-1 and
C-2 zoning districts. Therefore, the applicant is proposing to rezone the
subject lots from C-3 to C-2 (see REZN 14-003) concurrent with their
request for a major site plan modification. If rezoned to C-2, the current
social service agency will become a conforming use that can expand.
Proposed is a 4,581 square foot building addition to the current 1,150
square foot office for a total building size of 5,731 square feet. Other site
improvements include a 15-space on-site parking lot (including one (1)
handicap accessible space), site lighting, landscaping and irrigation, and
public art.
ANALYSIS
Concurrency:
Traffic:
A traffic statement for the proposed project was sent to the Palm Beach
County Traffic Division for concurrency review in order to ensure an
adequate level of service. A traffic concurrency approval letter has not
been received to date. However, the proposed project is located within
the designated Boynton Beach Traffic Concurrency Exception Area
(TCEA), and would therefore meet the Traffic Performance Standards
taff recommends that traffic concurrency
(TPS) of Palm Beach County. S
approval from Palm Beach County Traffic Engineering be required prior to
the issuance of a building permit for the project (see Exhibit “C” –
Conditions of Approval).
School:
School concurrency is not required for this type of project.
Utilities:
The City’s water capacity, as increased through the purchase of up to 5
million gallons of potable water per day from Palm Beach County Utilities,
would meet the projected demand for potable water for this project.
Sufficient sanitary sewer and wastewater treatment capacity is also
currently available to serve the project, subject to the applicant making a
firm reservation of capacity, following site plan approval.
Staff reviewed the site plan and determined that current staffing
Police / Fire:
levels would be sufficient to meet the expected demand for
services.
Drainage:
Conceptual drainage information was provided for the City’s review. The
Engineering Division has found the conceptual information to be
adequate and is recommending that the review of specific drainage
solutions be deferred until time of permit review.
Vehicular Access:
The site plan (Sheet A1.01) shows that one (1) primary point of
ingress/egress is proposed for the new building. The proposed driveway
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opening from SE 4 Street is located on the adjacent lot south of the
existing Women’s Circle building. This access point is 24 feet wide and
provides 2-way access to the proposed parking lot on site. Vehicular
traffic will access the parking lot with a right-in and right-out movement.
Circulation:
Vehicular movement from the driveway would include two-way circulation
that continues throughout the parking lot. Pedestrian connectivity would
be provided on site via a proposed six (6) foot wide walkway that would
extend along the north side of the parking lot, and connect with the
existing six (6) foot wide sidewalk along SE 4th Street. The proposed
walkway also provides handicapped accessibility from the parking lot to
the proposed entry porch. A covered bike rack is also proposed on the
south side of the existing building, adjacent to the proposed walkway.
Parking:
The site plan (Sheet A1.01) proposes a total of 5,731 square feet of office
building, which would require a minimum of 19 parking spaces. The
required number of parking spaces for office use is based upon the
standard of one (1) parking space per 300 square feet of building. The
site plan depicts 15 on-site parking spaces, including one (1) designated
for handicap use. The remaining four (4) parking spaces are on-street
parallel parking spaces in front of the subject property that were approved
to be off-site by a variance (ZNCV 09-002). In addition, the mutual
parking agreement with the City for overflow parking is still in effect. All
proposed parking stalls, including the size and location of the handicap
space, were reviewed and approved by both the Engineering Division and
Building Division. In addition, all necessary traffic control signage and
pavement markings will be provided to clearly delineate areas on site and
direction of circulation.
Landscaping:
The landscape plan (Sheet L-1) indicates compliance with the required
minimum buffers around the perimeter of the site. A five (5)-foot wide
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buffer is proposed adjacent to SE 4 Street and along the north and east
property lines. Along the south property line, the landscape plan
indicates a 10-foot wide buffer that includes a six (6)-foot high masonry
buffer wall with stucco and paint to match the building. The wall will have
decorative columns and caps to comply with the “monotony restrictions”
of the LDR, as well as Green Buttonwood trees 16 feet in height and a
Florida Privet hedge at 36 inches in height planted along the exterior of
the wall.On the interior of the wall, the south buffer will consist of
Jamaica Caper four (4) feet in height with a Cocoplum hedge and Golden
Creeper groundcover. The landscaping scheme provides Crape Myrtle,
Magnolia, and Christmas palm trees, as well as Green Buttonwood trees.
Typical shrubs would include Jatropha, Ixora, Cocoplum, Florida Privet,
and variegated Trinette. Groundcovers would include a variety of Holly
Fern, Angelwing Begonia, Blueberry Flax Lily, Green Island Ficus,
English Ivy, and Gold Lantana.
The pervious area would total 34% of the entire site and consist of
landscaped and open space areas. The landscape code requires that
50% or more of the plant material be native species or low to medium
water demand varieties. The plant list (Sheet L-1) indicates that 59% of
the trees would be native species. Also, the landscape plan indicates that
a total of 100% of shrubs would be categorized as low to medium water
demand. The code also limits the use of sod to larger open spaces for
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passive or active recreation purposes, as well as swales, water detention
and retention areas, in an effort to reduce water consumption. The
applicant has reduced the amount of sodded areas from the original
submittal, limiting placement to the rear yard play area.
Building and Site:
The proposed building addition is designed as a one (1)-story structure
with two (2) parapet walls at varying heights to provide architectural
character to the front of the structure. The proposed building placement
complies with the build-to line requirements of commercial property within
the Urban Commercial District Overlay Zone, which are zero to 15 feet for
the front, sides, and rear yard when abutting other commercially-zoned
properties. The proposed building would be setback five (5) feet from the
front (west) and side (north) property lines, 15 feet from the rear (east)
property line, and 80 feet from the side (south) property line. The floor
plan (Sheet A2.01) indicates the existing structure is designated as office
space and the proposed building addition is designed to be utilized for
sewing and computer classes, tutoring, offices, and several rooms
designated as multi-purpose space.
Building Height:
The one-story building elevations (Sheet A3.01) indicate the mean roof
height would be 15 feet, with the entry parapet wall at 16 feet and the
highest point of the cupola with skylight at 20 feet, in compliance with the
maximum of 25 feet allowed in the C-2 zoning district, and also
compatible with the maximum 25 feet allowable height of the residential
district to the west.
Design:
The proposed addition will utilize Mission style architecture and
incorporate the existing office building façade, replacing a small covered
entry with a large arcaded entry porch. The use of decorative parapet
roofs atop arched doors and windows with smooth stucco walls and a
neutral color palette resembles an old Spanish mission church. Other
decorative exterior building features include large square pillars, the
signature Mission style quatrefoil window, a cupola with a dome-shaped
skylight, mullioned windows with dark gray shutters “Iron Ore” - SW 7069,
and arched windows adorned with planters and sconces. According to
the “Materials Schedule” (Sheet A3.01), the main body paint color of the
building would be medium beige “Sand” – SW 7529. The base accent
color for the building is proposed as dark beige “Latte” – SW 6108. The
accent color of the cornice and trim above would be off-white “Summer
White” – SW 7557, and entry doors red “Stop” (SW 6869). The
elevations show that the pitched roof would vary in height to give
architectural character to the building.
Public Art:
A location for public art is designated on the site plan at the
southwest corner of the building visible from the street. The applicant has
indicated they have not selected the proposed artwork or artist at this
time. The proposed development of the site is anticipated to cost $1
million, which places the value of any artwork for the site at approximately
$10,000. Ultimate review and approval of the artist and artwork would be
under the purview of the Arts Commission.
The photometric plan (Sheet A1.02) proposes a total of five (5)
Site Lighting:
freestanding lights in the parking lot. The freestanding lights
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would consist of concrete poles 15 feet in height with single
light fixtures that direct light down and away from adjacent
properties and rights-of-way. Additional exterior lighting
would consist of four (4) building mounted sconces on the
front façade, and four (4) matching sconces on the rear
building façade. These light poles and wall fixtures were
chosen to mitigate any light trespass onto the residential
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properties on the west side of SE 4 Street and there should
be no adverse impacts.
Building Elevations (Sheet A3.01) indicate w
Signage:
all signage would consist of a
small business identification sign of approximately 14 square feet in size
located above the front entryway. The site plan indicates an optional
monument sign near the access drive to the parking lot that will require a
minimum setback of 10 feet. The applicant may extend the six (6) foot
masonry buffer wall on the south property line to parallel with the street
and add signage to the wall in lieu of the monument sign. All proposed
signage will be designed to be in harmony with the architecture and
building materials and colors. Signage will also be externally illuminated
and minimal in size to be compatible with the area.
RECOMMENDATION
The Development Application Review Team (DART) has reviewed this request for major
site plan modification and recommends approval contingent upon approval of the
concurrent request for rezoning (REZN 14-003) and upon satisfying all comments
indicated in Exhibit “C” – Conditions of Approval. Any additional conditions
recommended by the Board or City Commission shall be documented accordingly in the
Conditions of Approval.
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EXHIBIT “C” – CONDITIONS OF APPROVAL
Project Name: The Women’s Circle
File Number: MSPM 14-003
Reference: 2ndreview plans identified as a Major Site Plan Modification with a June 10,
2014 Planning and Zoning Department date stamp marking.
DEPARTMENTS INCLUDREJECT
E
ENGINEERING DIVISION
Comments:
1. At time of permitting, revise survey to provide information or at least
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indicate by which instrument the ½ half of SE 4 Street lessened the √
property line from 127.21 feet to 97.21 feet.
2. At time of permitting, revise plan set cover sheet to include an index
of drawings (include boundary survey in index). √
FIRE
Comments: None (all previous comments have been addressed).
POLICE
Comments: None (all previous comments have been addressed).
BUILDING DIVISION
Comments:
3. Please note that changes or revisions to these plans may generate
additional comments. Acceptance of these plans during the DART
(Development Application Review Team) process does not ensure √
that additional comments may not be generated by the Commission
and at permit review.
4. Buildings, structures, and parts thereof shall be designed to withstand
the minimum wind loads of 170 mph. Wind forces on every building
or structure shall be determined by the provisions of ASCE 7 and the √
provisions of 2010 FBC, Section 1609 (Wind Loads)..
5. At time of permit review, submit signed and sealed working drawings
of the proposed construction. √
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DEPARTMENTS INCLUDREJECT
E
6. At time of permit review, submit separate surveys of each lot, parcel,
or tract. √
7. Pursuant to approval by the City Commission and all other outside
agencies, the plans for this project must be submitted to the Building
Division for review at the time of permit application submittal. The √
plans must incorporate all the conditions of approval as listed in the
development order and approved by the City Commission.
8. The full address of the project shall be submitted with the construction
documents at the time of permit application submittal. The
addressing plan shall be approved by the United States Post Office,
the City of Boynton Beach Fire Department. The City’s GIS Division,
and the Palm Beach County Emergency 911.
a. Palm Beach County Planning, Zoning, & Building Division, 2300 √
N. Jog Road, West Palm Beach, Florida 33411-2741 (Sean
McDonald – 561-233-5016)
b. United States Post Office, Boynton Beach (Michelle Bullard – 561-
734-0872)
9. The north wall of the new addition shall be of fire rated construction
per Table 602 of the 2010 FBC, Building Volume. The minimum
required fire rating is based on the type of construction as defined in √
Section 602 of the FBC, Building Volume.
RECREATION AND PARKS
No comments.
FORESTER/ENVIRONMENTALIST
No comments.
PLANNING AND ZONING
10. Approval of this project is contingent upon the approval of the
accompanying request for rezoning (REZN 14-002). √
11. The Unity of Title is required to be revised by having the document
signed by the authorized principal for The Women’s Circle. The
revised unity of title is required to be recorded prior to the issuance of √
a building permit for this project.
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DEPARTMENTS INCLUDREJECT
E
12. A letter of approval from Palm Beach County Traffic Engineering
Division for traffic concurrency based on the submitted traffic √
statement will be required prior to issuing any permit for this project.
13. At time of permitting, revise survey to correct address of adjacent
property to north and add property information for adjacent property to √
east and south.
14. Add information about adjacent properties on site plan and landscape
plan (future land use, zoning district, and current use). √
15. At time of permitting, revise detail of the covered bike rack to the
plans to include color and materials. Bicycle racks can be located in
areas that are enclosed or roofed, or otherwise designed with solid
covering, either inside the building (e.g., foyer) or outside and placed √
in close proximity to the project entrance while still maintaining safe
and accessible building ingress and egress.
16. At time of permitting add the following notes to the photometrics plan:
The design, style, and illumination level shall be compatible with the
building design (height) and shall consider safety, function, and
aesthetic value. A minimum average light level of one (1) foot candle
shall be provided, with no more than 10% of the spot readings below √
one (1) foot candle and none below ½ foot candle. Lighting shall not
be of an intensity that produces glare on adjacent property. Feature
lighting emphasizing plants, trees, barriers, entrances, and exits is
encouraged.
17. At time of permitting, revise the Building Elevations to correct rear
elevation (arrows for 2 and 3 both point to trim on building, and one is √
listed as trim and other as accent).
18. The removal/relocation of landscape material is subject to review and
approval of the City Forester/Environmentalist (prior to any √
removal/relocation).
19. At time of permitting, revise detail of proposed decorative masonry
buffer wall to include minimum 6 feet in height. √
20. At time of permitting, revise building elevations to depict a second
base wall color below the scoreline/watertable. √
21. Identify on landscape plan what plant material will be inside the 3
planters. √
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DEPARTMENTS INCLUDREJECT
E
22. At time of permitting, revise site plan and landscape plan to include
location and setback of proposed signage. √
COMMUNITY REDEVELOPMENT AGENCY
Comments: None
PLANNING & DEVELOPMENT BOARD CONDITIONS
No additional conditions.
ADDITIONAL CITY COMMISSION CONDITIONS
To be determined.
MWR/kz
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: The Women’s Circle (MSPM 14-003)
APPLICANT: Sister Lorraine Ryan, The Women’s Circle, Inc.
th
APPLICANT’S ADDRESS: 912 SE 4 Street, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 19, 2014
APPROVAL SOUGHT: Major site plan modification to expand an existing social
service agency consisting of a one-story addition of 4,581
square feet and related site improvements, located at 910-
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918 SE 4 Street.
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LOCATION OF PROPERTY: 910-918 SE 4 Street
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ THIS MATTER was presented to the City Commission of the City of Boynton Beach,
Florida on the date of hearing stated above. The City Commission having considered the approval sought
by the applicant and heard testimony from the applicant, members of city administrative staff and the
public finds as follows:
Application for the approval sought was made by the Applicant in a manner
1.
consistent with the requirements of the City’s Land Development Regulations.
2. The Applicant
___ HAS
___ HAS NOT
established by substantial competent evidence a basis for the approval requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth
on Exhibit “C” with notation “Included.”
4. The Applicant’s request is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 above.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other: _______________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
DATED:__________________________ _____________________________________________
City Clerk
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9. C
PUBLIC HEARING
September 2, 2014
COBB
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CMD:
September 3, 2014
OMMISSION EETING ATE
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ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO.14-016 -
EQUESTED CTION BY ITY OMMISSION
SECOND READING - PUBLIC HEARING - Approve request for Family Dollar rezoning (REZN
14-004) of portion of subject property from R-2 (Single- and Two-Family Residential District) to C-
2 (Neighborhood Commercial District), located at 1010 N. Seacrest Boulevard. Applicant: Paul
Tremblay, BOOS Redevelopment Group Ltd.
ER:
This request for rezoning aims to eliminate split zoning on
XPLANATION OF EQUEST
one of the four parcels assembled for a proposed development of Family Dollar (a
discount retailer) store in the Heart of Boynton Redevelopment Area. Part of the parcel
is zoned R-2 (Single- and Two-Family Residential District) and the other part C-2
(Neighborhood Commercial District). In order to proceed with redevelopment, the
applicant is requesting to rezone the subject property to C-2, consistent with the greater
project area and required for the proposed use.
The city has a number of parcels with split zoning. This situation may have been
created in the past through planned area-wide rezonings or through subdivision of
properties. The split does not extend to the underlying future land use classification,
which is uniformly Local Retail Commercial (LRC).
The proposed rezoning from R-2 to C-2 is more than just “house cleaning,” since (1) the
proposed use is not allowed in the R-2 district, and (2) R-2 zoning is incompatible with
the LRC land use classification, which has only two corresponding zoning districts, C-2
and C-3.
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The request is consistent with both the original (2001), and recently updated Heart of
Boynton Community Redevelopment Plans. Both recommend a commercial node at the
southeast corner of Martin Luther King, Jr. Boulevard and Seacrest Boulevard. The
proposed rezoning supports expansion of development to include the entire block,
embracing a scale that is both economically feasible for the developer and needed by
the Heart of Boynton community.
The Planning and Development Board recommended this request for approval on July
22, 2014.
H?
No impact on City programs or
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
services.
FI:
The project would generate approximately $8,000 of annual revenues in
ISCAL MPACT
ad valorem taxes and fire assessment. The estimate of total annual fees for water,
sewer, and stormwater is $1,787. The necessary services can be provided within the
existing capacity of the respective city departments: no additional capital outlays or
increased staffing would be required.
A:
None recommended
LTERNATIVES
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ORDINANCE NO. 14-016
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF PAUL TREMBLAY OF BOOS
DEVELOPMENT GROUP, LTD., AMENDING ORDINANCE 02-013
TO REZONE A PARCEL OF LAND LOCATED ON THE
SOUTHEAST CORNER OF NORTH SEACREST BOULEVARD AND
MARTIN LUTHER KING JR. BOULEVARD, AS MORE FULLY
DESCRIBED HEREIN, FROM SINGLE AND TWO-FAMILY
RESIDENTIAL DISTRICT (R-2) TO NEIGHBORHOOD
COMMERCIAL (C-2); PROVIDING FOR CONFLICTS,
SEVERABILITY, AND AN EFFECTIVE DATE
.
WHEREAS,
the City Commission of the City of Boynton Beach, Florida has adopted
Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and
WHEREAS,
Paul Tremblay of BOOS Development Group Ltd., has filed a petition on
behalf of the owner, Family Dollar, to rezone a parcel of land more particularly described
hereinafter; and
WHEREAS,
the City Commission, following required notice, conducted a public hearing
to consider the rezoning and heard testimony and received evidence which the Commission finds
supports a rezoning for the property hereinafter described; and
WHEREAS
, the City Commission finds that the proposed rezoning is consistent with the
Land Use described in the City’s Comprehensive Plan; and
WHEREAS,
the City Commission deems it in the best interests of the inhabitants of said
City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2. The following described land located on the Southeast corner of North
Seacrest Boulevard and Martin Luther King Jr. Boulevard, as more fully described herein, is
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hereby rezoned from Single and Two-Family Residential District (R-2) to Neighborhood
Commercial District (C-2):
LOTS 1 AND 2, BLOCK 5, PALM BEACH COUNTRY CLUB ESTATES, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 11, PAGE 43, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA ALSO DESCRIBED AS FOLLOWS:
COMMENCING AT AN IRON ROD AT THE SOUTHEAST CORNER OF LOT 2, BLOCK 5,
PALM BEACH COUNTRY CLUB ESTATES, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 11, PAGE 43, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, RUN NORTH 89°59'35" WEST ALONG THE SOUTHERLY LINES OF
SAID LOT 2 AND OF LOT 1IN SAID BLOCK 5 FOR A DISTANCE OF 100 FEET TO AN IRON
ROD AT THE SOUTHWEST CORNER OF SAID LOT 1AND A POINT ON THE EASTERLY
RIGHT OF WAY LINE OF SEACREST BOULEVARD; THENCE RUN NORTH 1°35'35" WEST
ALONG THE EASTERLY RIGHT OF WAY LINE OF SEACREST BOULEVARD AND ALONG
THE WESTERLY LINE OF SAID LOT FOR A DISTANCE OF 120 FEET TO AN IRON ROD AT
THE NORTHWEST CORNER OF SAID LOT 1; THENCE RUN SOUTH 89°59'35" EAST ALONG
THE NORTHERLY LINE OF SAID LOTS 1AND 2 AND ALONG THE SOUTHERLY RIGHT OF
WAY OF NORTHEAST 10TH AVENUE FOR A DISTANCE OF 100 FEET TO AN IRON ROD
AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE RUN SOUTH 1°35'35" EAST
ALONG THE EASTERLY LINE OF SAID LOT 2 FOR A DISTANCE OF 120 FEET TO THE
POINT OF BEGINNING.
LESS AND EXCEPT THAT PARCEL OF LAND FOR ROAD RIGHT OF WAY PURPOSES IN
SECTION 21,TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF LOTS 1 AND 2, BLOCK 5, PALM BEACH COUNTRY CLUB
ESTATES, AS RECORDED IN PLAT BOOK 11, PAGE 43, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, LYING WEST OF THE PROPOSED EASTERLY RIGHT OF WAY
LINE AS SHOWN ON THE RIGHT OF WAY MAP OF SEACREST BOULEVARD AS
RECORDED IN ROAD BOOK 5, PAGES 179 THROUGH 183, OF SAID PALM BEACH
COUNTY RECORDS.
A location map is attached hereto as Exhibit “A” and made a part of this Ordinance by reference.
Section 3. That the Zoning Map of the City is amended to reflect this rezoning.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 5. Should any section or provision of this Ordinance or any portion thereof be declared
by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of
this Ordinance.
Section 6. This ordinance shall become effective immediately upon passage.
th
FIRST READING this 19 day of August, 2014.
SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2014.
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CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Mack McCray
______________________________
ATTEST: Commissioner – Michael M. Fitzpatrick
_______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 14-018
STAFF REPORT
TO: Chair and Members
Planning and Development Board
THRU: Michael Rumpf
Planning and Zoning Director
FROM: Hanna Matras, Senior Planner
DATE: July 2, 2014
PROJECT: Family Dollar
REZN 14-004
REQUEST: Approve request for Family Dollar rezoning (REZN 14-004) of
portion of subject property from R-2 Single- and Two-Family
Residential District to C-2 Neighborhood Commercial District
________________
PROJECT DESCRIPTION
Property Owner: Family Dollar
Applicant: Paul Tremblay/BOOS Development Group Ltd
Location: Southeast corner of N. Seacrest Blvd and Martin Luther King Jr.
Blvd (Exhibit “A”)
Existing Land Use/
Zoning: Local Retail Commercial (LRC) / R-2 Single- and Two-Family
Residential District
Proposed Land Use/
Zoning: No change in Land Use / C-2 Neighborhood Commercial District
Proposed Use: Retail
Acreage: +/- 0.13 acre
Adjacent Uses:
North: The right-of-way of Martin Luther King, Jr Boulevard, further north a developed
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property (a church) and three vacant parcels, all classified Local Retail
Commercial and zoned C-2 Neighborhood Commercial District.
South: The right-of-way of NE 9th Avenue, further south a developed property (St. John
Missionary Baptist Church), classified Public and Private
Governmental/Institutional, and zoned R-2, Single- and Two-Family Residential
District.
East: To the northeast, a vacant property classified Local Retail Commercial and
zoned C-2 Neighborhood Commercial District; to the southeast, a vacant
property classified Medium Density Residential and zoned R-2, Single- and Two-
Family Residential District.
West: The right-of-way of N. Seacrest Boulevard; further southwest, a developed
property classified High Density Residential and zoned R-3, Multi-Family
th
Residential District; northwest, the right-of-way of NW 9 Court.
BACKGROUND
The subject property is one of the four parcels assembled for the proposed development of Family Dollar
(a discount retailer) store. The parcel is currently developed with a single-family home and has split
zoning—part of it is zoned R-2, Single- and Two-Family Residential District and the other part C-2,
Neighborhood Commercial District. In order to proceed with redevelopment, the applicant is requesting to
rezone the subject property, consistent with the greater project area and required for the proposed use.
The City has a number of parcels with split zoning. This situation may have been created in the past
through planned area-wide rezonings or through subdivision of properties. There are no clear provisions
in the Land Development Regulations regarding development of such parcels; however, the proposed
rezoning is more than just a “house cleaning” since the proposed use is not allowed in the R-2 district.
Note that even though the parcel has split zoning, the underlying future land use classification is uniformly
Local Retail Commercial. The current R-2 zoning is incompatible with this classification: the only two
corresponding zoning districts are C-2 and C-3 (Community Commercial District).
REVIEW BASED ON CRITERIA
The criteria used to review Comprehensive Plan amendments and rezonings are listed
in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section
2.D.3. These criteria are required to be part of a staff analysis when the proposed
change includes an amendment to the Comprehensive Plan Future Land Use Map
(FLUM) or a rezoning.
l. Demonstration of Need. A demonstration of need may be based upon changing
conditions that represent a demand for the proposed land use classification and
zoning district. Appropriate data and analysis that adequately substantiates the
need for the proposed land use amendment and rezoning must be provided within
the application.
As explained in Background, one of the three parcels included in the property to be developed has split
zoning. In order to proceed, the applicant is requesting a rezoning to match the C-2 zoning on the
remaining part of the property and the underlying Local Retail Commercial future land use classification.
Assembly of the three parcels supports a scale of development that is economically feasible for the
developer and redevelopment that is sorely needed by the Heart of Boynton community.
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m. Consistency. Whether the proposed Future Land Use Map amendment (FLUM)
and rezoning would be consistent with the purpose and intent of, and promote, the
applicable Comprehensive Plan policies, Redevelopment Plans, and Land
Development Regulations.
The proposed rezoning is consistent with both the original (2001), and recently updated Heart of Boynton
Community Redevelopment Plans. Both recommend a commercial node at the southeast corner of Martin
Luther King, Jr. Boulevard and Seacrest Boulevard, although the updated recommendation is to expand
and intensify potential development allowing larger retail businesses (the 2001 Plan suggested low
intensity neighborhood commercial uses in the subject location). The proposed rezoning supports
expansion of development to include the entire block.
n. Land Use Pattern. Whether the proposed Future Land Use Map amendment
(FLUM) and rezoning would be contrary to the established land use pattern, or
would create an isolated zoning district or an isolated land use classification
unrelated to adjacent and nearby classifications, or would constitute a grant of
special privilege to an individual property owner as contrasted with the protection of
the public welfare. This factor is not intended to exclude FLUM reclassifications and
rezonings that would result in more desirable and sustainable growth for the
community.
The proposed rezoning would not create an isolated zoning district, and it will be
consistent with the current underlying future land use, Local Retail Commercial.
o. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM)
and rezoning would support the integration of a mix of land uses consistent with the
Smart Growth or sustainability initiatives, with an emphasis on 1) complementary
land uses; 2) access to alternative modes of transportation; and 3) interconnectivity
within the project and between adjacent properties.
The proposed neighborhood commercial zoning is complementary to the surrounding properties
with residential zoning, as the use will serve the local population. There is access to public
transportation through the Palm Tran bus route, which runs along Seacrest Boulevard.
p. Availability of Public Services / Infrastructure. All requests for Future Land Use
Map amendments shall be reviewed for long-term capacity availability at the
maximum intensity permitted under the requested land use classification.
This request is for rezoning only.
Since the property is located within a TCEA (Transportation Concurrency Exception Area),
traffic generation data for the project will be forwarded to the Palm Beach County Traffic
Division as an informational item only. Drainage will be reviewed in detail as part of the site
plan, land development, and building permit review processes.
q. Compatibility. The application shall consider the following factors to determine
compatibility:
(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning
would be compatible with the current and future use of adjacent and nearby
properties, or would negatively affect the property values of adjacent and nearby
properties; and
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(2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning
is of a scale which is reasonably related to the needs of the neighborhood and the
City as a whole.
(3) The proposed rezoning would be compatible with the current and future land use
of adjacent and nearby properties, and it will be compatible with the underlying
future land use classification, Local Retail Commercial. Staff anticipates that the
project will have a positive effect on values of adjacent properties.
(4) The requested rezoning supports the project’s scale that is economically feasible
for the developer and redevelopment that is sorely needed by the Heart of
Boynton community.
r. Direct Economic Development Benefits. For rezoning/FLUM amendments
involving rezoning to a planned zoning district.
N/A
s. Economic Development Impact Determination for Conventional Zoning
Districts. For rezoning/FLUM amendments involving rezoning to a conventional
zoning district, the review shall consider whether the proposal would further
Economic Development Program, but also determine whether the proposal would:
(1) Represent a potential decrease in the possible intensity of development,
given the uses permitted in the proposed land use category and/or zoning district; and
(2) Represent a potential decrease in the number of uses with high probable
economic development benefits.
The proposed rezoning represents an increase in both, and clearly promotes economic
development through job creation. The project has a potential to bring more commercial
development to the area.
t. Commercial and Industrial Land Supply. The review shall consider whether the
proposed rezoning/FLUM amendment would reduce the amount of land available for
commercial/industrial development. If such determination is made, the approval can
be recommended under the following conditions:
(1) The size, shape, and/or location of the property makes it unsuitable for
commercial/industrial development; or
(2) The proposed rezoning/FLUM amendment provides substantiated evidence of
satisfying at least four of the Direct Economic Development Benefits listed in
subparagraph “g” above; and
(3) The proposed rezoning/FLUM amendment would result in comparable or higher
employment numbers, building size and valuation than the potential of existing land
use designation and/or rezoning.
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The proposed rezoning would increase the amount of land available for commercial
development.
u. Alternative Sites. Whether there are adequate sites elsewhere in the City for the
proposed use in zoning districts where such use is already allowed.
N/A. The request addresses split zoning and incompatibility with underlying future
land use classification.
v. Master Plan and Site Plan Compliance with Land Development Regulations.
When master plan and site plan review are required pursuant to Section 2.D.1.e
above, both shall comply with the requirements of the respective zoning district
regulations of Chapter 3, Article III and the site development standards of Chapter 4.
The concurrent site plan shall comply with said requirements.
RECOMMENDATION
The staff’s review of the proposed rezoning indicates that it will restrore the parcel’s
uniform zoning, address incompatibility with the undelying land use classification, and
allow a suitable scale for a project that implements recommendations of the Heart of
Boynton Community Redevelopment Plan. Therefore, staff recommends that the
subject request be approved.
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9. D
PUBLIC HEARING
September 2, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 3, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve request for New Site Plan to construct a
EQUESTED CTION BY ITY OMMISSION
one-story, 8,136 square foot retail building and related site improvements, on a 0.80-acre parcel
located at 1010 North Seacrest Boulevard. Applicant: Paul Tremblay, BOOS Development
Group, Inc. (TABLED TO 9/3/14).
ER:
The subject site is a collection of four (4) parcels totaling
XPLANATION OF EQUEST
0.80 acre and located within the Heart of Boynton Redevelopment Area, at the
southeast corner of MLK Boulevard and N. Seacrest Boulevard. Two of the parcels are
owned by the Community Redevelopment Agency (CRA) and the other two are owned
by private individuals. Paul Tremblay of Boos Development Group, Inc., is requesting
site plan approval to construct a one-story, 8,136 square foot retail building and related
site improvements for a new Family Dollar store. This request is combined with requests
for rezoning (REZN 14-004) and two community design plan appeals.
Staff recommends that this item be presented along with the corresponding request for
rezoning on August 19, 2014; however, action should be postponed until September 3,
2014 in order that it may be processed concurrent with second reading of the rezoning
request. The site plan for the project should not be approved prior to formal action being
taken on the rezoning of the site, and this timing will ensure that approval dates, if
supported by the Commission, will be the same for all related application items.
The Planning & Development Board reviewed this item on July 22, 2014 and forwards it
with a recommendation for approval.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
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FI:
N/A
ISCAL MPACT
A:
None recommended.
LTERNATIVES
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 14-022
STAFF REPORT
TO: Chair and Members
Planning and Development Board and City Commission
THRU: Michael Rumpf
Planning and Zoning Director
FROM: Ed Breese
Principal Planner
DATE: July 7, 2014
PROJECT NAME/NO: Family Dollar Store / NWSP 14-003
REQUEST: New Site Plan
PROJECT DESCRIPTION
Property Owner:
Boos Development Group, Inc., contract purchaser
Applicant:
Paul Tremblay, Boos Development Group, Inc.
Location:
1010 N. Seacrest Boulevard (see Exhibit “A” –
Location Map)
Existing Land Use:
Local Retail Commercial (LRC)
Existing Zoning:
Neighborhood Commercial (C2) / Duplex (R2)
Proposed Land Use:
No change proposed
Proposed Zoning:
Neighborhood Commercial (C2)
Proposed Use:
Request new site plan approval to construct a one-story, 8,136
square foot retail building and related site improvements.
Acreage:
0.80-acre (35,022 square feet)
Adjacent Uses:
North:
Right-of-way of MLK Boulevard, and farther north are several vacant lots and a
church, each with a Local Retail Commercial (LRC) future land use classification,
and zoned Neighborhood Commercial (C2);
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th
South:
Right-of-way of NE 9 Avenue, and to the southeast a vacant lot with a
Medium Density Residential (MEDR) future land use classification, and
zoned Duplex (R2);
East:
Vacant lots and farther east a small retail center, each with a Local Retail
Commercial (LRC) future land use classification, and zoned
Neighborhood Commercial (C2); and
West:
Right-of-way for Seacrest Boulevard, and farther west is a City-owned
park and small retail building, with Medium Density Residential (MEDR)
and High Density Residential (HDR) future land use classifications
respectively, and zoned Duplex (R2) and Multi Family (R3) respectively.
Site Details:
The subject site is a collection of four (4) parcels totaling 0.80-acre and
located within the Heart of Boynton Redevelopment Area, at the
southeast corner of MLK Boulevard and N. Seacrest Boulevard. Two of
the parcels are owned by the Community Redevelopment Agency (CRA)
and the other two are owned by private individuals.
BACKGROUND
Proposal:
Paul Tremblay of Boos Development Group, Inc., is requesting
site plan approval to construct a one-story, 8,136 square foot retail
building and related site improvements for a new Family Dollar store.
ANALYSIS
Concurrency:
Traffic:
A traffic study for the proposed project was sent to the Palm
Beach County Traffic Division for concurrency review in order to ensure
an adequate level of service. The study anticipates an additional three (3)
AM peak hour vehicle trips and 40 additional PM peak hour trips. A traffic
concurrency approval letter has not been received as of the preparation
of this report. No building permits will be issued until such time as the
concurrency approval letter is received (see Exhibit “C” – Conditions of
Approval).
School:
School concurrency is not required for this type of project.
Utilities:
The City’s water capacity, as increased through the purchase of up to 5
million gallons of potable water per day from Palm Beach County Utilities,
would meet the projected potable water for this project. Sufficient
sanitary sewer and wastewater treatment capacity is also currently
available to serve the project, subject to the applicant making a firm
reservation of capacity, following site plan approval.
Staff reviewed the site plan and determined that current staffing
Police / Fire:
levels would be sufficient to meet the expected demand for
services.
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Drainage:
Conceptual drainage information was provided for the City’s review. The
Engineering Division has found the conceptual information to be
adequate and is recommending that the review of specific drainage
solutions be deferred until time of permit review.
Vehicular Access:
The site plan (Sheet C3) shows that two (2) primary points of
ingress/egress are proposed for the new building. The first, a right-
in/right-out driveway opening from Seacrest Boulevard, would occur near
the middle of the parcel, immediately south of the building. A second point
of ingress/egress would be a full driveway opening along MLK Boulevard,
near the east corner of the site. The requirements for a dumpster and
truck loading zone have been reviewed and approved by the Engineering
Division with the submittal of truck turning radius diagrams by the
applicant.
Circulation:
Vehicular circulation from each driveway would include two-way
circulation that continues throughout the parking lot. Pedestrian
connectivity would be provided on site via sidewalks on three (3) sides of
the building, with the building entrance abutting the proposed widened
sidewalk area along MLK Boulevard.
Parking:
The site plan (Sheet C3) proposes a 8,136 square foot retail building,
which would typically require 41 parking spaces, based upon the standard
of one (1) parking space per 200 square feet of building for retail uses.
However, the site is located within the MLK Overlay Zone, which allows a
reduction of 50% of the required parking, to account for anticipated
walking traffic and on-street parking. The result is the need for 21 spaces.
The site plan depicts the provision of 25 parking spaces, including two (2)
designated for handicap use. All proposed parking stalls, including the
size and location of the handicap space, were reviewed and approved by
both the Engineering Division and Building Division. In addition, all
necessary traffic control signage and pavement markings will be provided
to clearly delineate areas on site and direction of circulation.
Landscaping:
The landscape plan (Sheet L1) indicates compliance with the required
minimum buffers around the perimeter of the site. A seven (7)-foot wide
th
buffer is proposed adjacent to Seacrest Boulevard and NE 9 Avenue,
and a five (5)-foot wide buffer along the east property line, abutting a
vacant commercial lot. The applicant proposes to place the building close
to the north property line, in compliance with the MLK Overlay Zone
requirements and provide a couple landscape planters to enhance the
streetscape. Along the southeast property line, adjacent to a vacant
residential lot, the landscape plan indicates a 15-foot wide buffer that
includes a six (6)-foot high buffer wall. The wall will be planted on both
sides with cocoplum shrubs, as well as Live Oak trees on the interior of
the wall. The 15-foot wide buffer narrows at the northwest corner of the
vacant residential lot due to the drive aisle within the parking lot,
restricting the amount of landscape materials that can be planted. The
applicant has chosen to plant Simpson Stopper in this portion of the
buffer, whose growth characteristics allow it to be planted in narrow areas
because it grows vertical and can be maintained as a solid screen without
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impacting the travel lane. Staff has added a condition of approval that the
Simpson Stopper be allowed to grow well above the six (6)-foot wall to
achieve the desired buffer effect (see Exhibit “C” – Conditions of
Approval). The overall landscape scheme will consist of Live Oak,
Pigeon Plum, Silver Buttonwood and Geiger trees, and Royal, Sabal,
Solitaire and Alexander palm trees. Typical shrubs would include
Cocoplum, Silver Buttonwood, Schefflera Arboricola, Indian Hawthorne
and Crinum Lily. Additionally, the applicant has designed the site
landscaping devoid of any sod, instead utilizing shrubs and groundcovers
with low water demand, in compliance with the City’s code regulations on
water conservation.
The pervious area would total 26% of the entire site and consists of
landscaped islands, foundation plantings and buffer areas. The
landscape code requires that 50% or more of the plant material be native
species or low to medium water demand varieties. The plant list (Sheet
L1) indicates that 76% of the trees and 73% of shrubs and groundcovers
would be categorized as native species.
Building and Site:
The proposed building is designed as a one (1)-story structure with
parapet walls at three (3) varying heights to provide architectural
character. The proposed building placement complies with the minimum
setbacks/build-to lines of the MLK Overlay Zone, which encourage the
building to be placed at the street to create/continue the urban feel
desired within the redevelopment plans for the area. The proposed
building would be setback five (5) feet from the north property line, which
provides for a widened sidewalk and pedestrian amenities such as a
bench, trash receptacle, bike rack and landscape planters. The building
would be setback between 12 and 14 feet along the west side (Seacrest
Boulevard) to provide room for a widened sidewalk and landscaping. The
east setback dimension against the vacant commercial property is 82 feet
and approximately 34 feet against the vacant residential lot. There is also
a six (6) foot tall wall with landscaping on both sides to provide a buffer
against the vacant residential lot at the southeast corner of the property.
Building Height:
The building elevations (Sheet R7.0) indicate the highest point of the
structure would be the parapet at the building entrance, at a height of 24
feet – 0 inches, with the typical parapet wall at 21 feet – 7 inches, and the
roof deck at a height of approximately 15 feet, below the maximum of 25
feet allowed height in the C2 zoning district.
Design:
The proposed building utilizes many similar design features as other retail
buildings, including neutral colors. According to the “Exterior Finish
Schedule” shown on Sheet R7.0, the main body paint colors of the
building would be a light khaki tan and medium tan “Wool Skein” – SW
6148 and “Camelback” – SW 6122 respectively. The base color for the
building is also proposed to be “Camelback” – SW 6122. The accent color
of the cornice and trim would be white “Spatial White” – SW 6259. The
north and west facades depict red standing seam metal canopies over
some of the windows. The elevations show that the parapet roof would
vary in height as intended to give architectural character to the building.
The building entry at the northeast corner, as well as the northwest corner
of the building are at 45 degree angles. Storefront glass is proposed at
the building entrance, and an eight (8) foot wide window flanks the
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storefront entry on the north and east sides of the building. The applicant
proposes two (2) additional faux windows on the north side of the building
and four (4) faux windows on the west side of the building facing Seacrest
Boulevard. The design principals of the Land Development Regulations
(LDR), Chapter 4, Article III, Section 2.C.3. and the Urban Design
Guidelines, Chapter IX, Façade, 2.i., require vision glass on facades
within the urban setting that have high pedestrian visibility. The LDR calls
for an “architecturally appropriate amount of transparency” on the first
level of a project that fronts on a street or sidewalk to achieve pedestrian
compatibility and adequate visual interest, while the Urban Design
Guidelines require 50% - 90% of window area to be made of transparent
materials. Staff continues to recommend for conversion of some of the
faux windows to transparent windows, but the applicant continues to
promote the use of the faux windows due to the interior layout of the sales
area. Staff indicated that it opposes having store fixtures and shelving in
front of the windows and that other retailers have placed shorter fixtures
below windows or created aisles in front of, or running parallel to the
windows to provide a view into the store. As a result, the applicant has
filed for a Community Design Plan Appeal concurrent with the site plan
request to allow the use of faux windows in lieu of transparent windows.
The applicant has filed a second Community Design Plan Appeal to LDR,
Chapter 4, Article III, Section 3.A.8. “Downspouts”, which requires
downspouts to be enclosed within the building structure or architectural
element when visible from areas accessible by the public on the property
and/or from adjacent public rights-of-way. The applicant has filed the
appeal based upon the cost associated with encasing the downspouts
and instead intends to paint the downspouts to match the color of the
building, “camouflaging their presence from the street” (see
corresponding report and analysis for CDPA 14-001 & 14-002).
Public Art:
The applicant has indicated they intend to pay the fee associated with Art
in Public Places in lieu of providing the art element on site.
Site Lighting
: The photometric plan (Sheet PH-1) proposes a total of five (5)
freestanding lights in the parking lot. The freestanding lights would
be concrete poles at a height of 22 feet and the light fixtures will be
dark bronze, with a flat lens and full cut-off feature to inhibit any
light spillage/trespass. Additional exterior lighting would be
building mounted at a height not to exceed 16 feet. The design will
be required to meet minimum light levels, while preventing glare or
spillage onto abutting properties.
Signage:
The applicant is proposing three (3) wall signs, one (1) over the entry
doors, one (1) on the north wall (facing MLK Boulevard) and one (1) on
the west wall (facing Seacrest Boulevard).Wall signage would consist of
multiple, internally-illuminated cabinet signs, composed of the words
“Family Dollar” and the corporate logo in white, red and orange. The LDR
allows signage on all facades, however, the calculation to determine
maximum allowable signage is based upon the linear front footage of the
building, multiplied by 1.5. This maximum allowance may then be divided
up and placed on various building walls as long as the cumulative of all
the signs square footage does not exceed the original calculation of the
maximum allowable signage. In this instance, the applicant has designed
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more wall signage than is allowed by that calculation and is requesting a
variance concurrent with the site plan application. A variance may be
approved to allow an increase in sign area of up to 25% of the maximum
allowable. The City Commission “may grant a variance if it finds that the
unusual shape or topography of the property or other mitigating factors
(e.g., required landscape buffers), prevent signage allowable under the
provisions of these Regulations from adequately identifying the business
or other activity located on such property”. In staff’s opinion, there is
nothing peculiar about this property which differentiates it from any other
corner lot in the City (see corresponding report and analysis for ZNCV 14-
001).
RECOMMENDATION
The Development Application Review Team (DART) has reviewed this request for new
site plan approval and recommends approval contingent upon satisfying all comments
indicated in Exhibit “C” – Conditions of Approval. Any additional conditions
recommended by the Board or approved by the City Commission shall be documented
accordingly in the Conditions of Approval.
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Family Dollar Store (NWSP 14-003)
APPLICANT: Paul Tremblay, Boos Development Group, Inc.
st
APPLICANT’S ADDRESS: 5789 NW 151 Street, Suite B, Miami Lakes, FL 33014
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, 2014
APPROVAL SOUGHT: New site plan approval for a one-story, 8,136 square foot
retail building and related site improvements for a new
Family Dollar store, zoned C2 (Neighborhood Commercial).
LOCATION OF PROPERTY: 1010 N. Seacrest Boulevard, SE corner of MLK and Seacrest
Boulevards.
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ THIS MATTER was presented to the City Commission of the City of Boynton Beach,
Florida on the date of hearing stated above. The City Commission having considered the approval sought
by the applicant and heard testimony from the applicant, members of city administrative staff and the
public finds as follows:
Application for the approval sought was made by the Applicant in a manner consistent
1.
with the requirements of the City’s Land Development Regulations
.
2. The Applicant
___ HAS
___ HAS NOT
established by substantial competent evidence a basis for the approval requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth
on Exhibit “C” with notation “Included.”
4. The Applicant’s request is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 above.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other: _______________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
DATED:__________________________ _____________________________________________
City Clerk
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9. E
PUBLIC HEARING
September 2, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 3, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve request for Community Design Plan
EQUESTED CTION BY ITY OMMISSION
Appeals (CDPA 14-001 & 14-002) in conjunction with the request to construct a one-story, 8,136
square foot retail building and related site improvements, on a 0.80-acre parcel located at 1010
North Seacrest Boulevard. Applicant: Paul Tremblay, BOOS Development Group, Inc. (TABLED
TO 9/3/14)
ER:
Paul Tremblay of Boos Development Group, Inc., is
XPLANATION OF EQUEST
requesting approval of two (2) Community Design Plan Appeals in association with the
request for New Site Plan approval to construct a one-story, 8,136 square foot retail
building and related site improvements for a new Family Dollar store. The first appeal
request is of the design principals of the Land Development Regulations (LDR), Chapter
4, Article III, Section 2.C.3. and the Urban Design Guidelines, Chapter IX, Façade, 2.i.,
which require vision glass on facades within the urban setting that have high pedestrian
visibility. The second appeal request is of Chapter 4, Article III, Section 3.A.8.
“Downspouts”, which requires downspouts to be enclosed within the building structure
or architectural element when visible from areas accessible by the public on the
property and/or from adjacent public rights-of-way.
Staff recommends that this item be presented along with the corresponding request for
rezoning (REZN 14-004) on August 19, 2014; however, action should be postponed
until September 3, 2014 in order that it may be processed concurrent with second
reading of the rezoning request. The community design plan appeals for the project
should not be approved prior to formal action being taken on the rezoning of the site,
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and this timing will ensure that approval dates, if supported by the Commission, will be
the same for the related application items.
This item has been advertised and such formal postponement is necessary to maintain
the validity of the legal notification process.
nd
The Planning & Development Board reviewed these requests on July 22, and forwards
them with a recommendation of approval.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
None recommended
LTERNATIVES
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 14-023
STAFF REPORT
TO: Chair and Members
Planning and Development Board and City Commission
THRU: Michael Rumpf
Planning and Zoning Director
FROM: Ed Breese
Principal Planner
DATE: July 9, 2014
PROJECT NAME/NO: Family Dollar Store / CDPA 14-001 & 14-002
REQUEST: Community Design Plan Appeals
Property Owner:
Boos Development Group, Inc., contract purchaser
Applicant:
Paul Tremblay, Boos Development Group, Inc.
Location:
1010 N. Seacrest Boulevard (see Exhibit “A” – Location Map)
Site Details:
The subject site is a collection of four (4) parcels totaling 0.80-acre and
located within the Heart of Boynton Redevelopment Area, at the
southeast corner of MLK Boulevard and N. Seacrest Boulevard. Two of
the parcels are owned by the Community Redevelopment Agency (CRA)
and the other two are owned by private individuals.
NATURE OF REQUEST
Paul Tremblay of Boos Development Group, Inc., is requesting approval
of two (2) Community Design Plan Appeals in association with the
request for New Site Plan approval to construct a one-story, 8,136 square
foot retail building and related site improvements for a new Family Dollar
store. The first appeal request is of the design principals of the Land
Development Regulations (LDR), Chapter 4, Article III, Section 2.C.3. and
the Urban Design Guidelines, Chapter IX, Façade, 2.i., which require
vision glass on facades within the urban setting that have high pedestrian
visibility. The second appeal request is of Chapter 4, Article III, Section
3.A.8. “Downspouts”, which requires downspouts to be enclosed within
the building structure or architectural element when visible from areas
accessible by the public on the property and/or from adjacent public
rights-of-way.
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BACKGROUND
The applicant met with staff on numerous occasions prior to formal
submittal of the New Site Plan for the Family Dollar Store. Staff
continually expressed the importance of the design of the building and the
necessity for the building to address both the MLK and Seacrest
Boulevard street frontages, provide vision glass on both frontages, and
address the “back-of-house” operations through architectural detail and
landscaping. The applicant’s design improved with each subsequent
session, working towards meeting the objectives of the Heart of Boynton
Redevelopment Plan, the Urban Design Guidelines, and the Community
Design regulations within the Land Development Regulations (LDR). As
the plans evolved, the applicant indicated there were certain issues on
which they had no flexibility, such as the amount of vision glass required,
due to floor plan design and fixture placement, and enclosure of the
downspouts, due to the added cost. As staff retained these comments
throughout the review and as Conditions of Approval, the applicant chose
to file Community Design Plan Appeals for these two (2) items.
ANALYSIS
In order to place the Community Design Plan Appeals in context,
a brief overview of the building design is warranted. The proposed
building utilizes many similar design features as other retail buildings,
including neutral colors. According to the “Exterior Finish Schedule”
shown on Sheet R7.0, the main body paint colors of the building would be
a light khaki tan and medium tan “Wool Skein” – SW 6148 and
“Camelback” – SW 6122 respectively. The base color for the building is
also proposed to be “Camelback” – SW 6122. The accent color of the
cornice and trim would be white “Spatial White” – SW 6259. The north
and west facades depict red standing seam metal canopies over some of
the windows. The elevations show that the parapet roof would vary in
height as intended to give architectural character to the building. The
building entry at the northeast corner, as well as the northwest corner of
the building are at 45 degree angles. Storefront glass is proposed at the
building entrance, and an eight (8) foot wide window flanks the storefront
entry on the north and east sides of the building. The applicant proposes
two (2) additional faux windows on the north side of the building and four
(4) faux windows on the west side of the building facing Seacrest
Boulevard. The design principals of the Land Development Regulations
(LDR), Chapter 4, Article III, Section 2.C.3. and the Urban Design
Guidelines, Chapter IX, Façade, 2.i., require vision glass on facades
within the urban setting that have high pedestrian visibility. The LDR calls
for an “architecturally appropriate amount of transparency” on the first
level of a project that fronts on a street or sidewalk to achieve pedestrian
compatibility and adequate visual interest, while the Urban Design
Guidelines require 50% - 90% of window area to be made of transparent
materials.
Staff has recommended for conversion of some of the faux windows to
transparent windows, but the applicant continues to promote the use of
the faux windows due to the interior layout of the sales area. In their
Justification Statement, the applicant states, “Due to the interior layout of
the sales area, the feasibility of providing storefront windows that allow for
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full visibility into the store itself along the west façade is not practical.
Therefore, in an attempt to compromise, the west façade has been
revised to incorporate additional false windows as a proposed alternate
design to comply with the glazing requirements”. Staff recognizes the fact
that corporate operations tend to have limited prototype buildings for new
construction projects with an established square footage and an
associated fixture layout attached to each, in order to maximize their
product lines and sales, and any deviation from the design typically meets
with resistance. The fixture layouts do get modified to some degree when
corporate acquires pre-existing buildings and retrofits them to meet their
needs.
Throughout the site plan review process, staff indicated that it also did
not want to have store fixtures and shelving in front of the transparent
windows and that we are aware of other retailers who have placed shorter
fixtures below windows or created aisles in front of, or running
perpendicular to the windows to provide a view into the store, in order to
resolve staff comments. At this point, staff recommends that two (2) of the
faux windows proposed along the Seacrest Boulevard façade be
converted to transparent windows in compliance with the Community
Design regulations and Urban Design Guidelines, that no store fixtures
block the view into the store from any of the transparent windows
proposed for the building, and that the transparent glass windows
possess a minimum 60% – 80% light transmittance factor (no reflective
glass, no reflective coating, no blackout film).
The second Community Design Plan Appeal submitted by the applicant
relates to Chapter 4, Article III, Section 3.A.8. “Downspouts”, which
requires downspouts to be enclosed within the building structure or
architectural element when visible from areas accessible by the public on
the property and/or from adjacent public rights-of-way. There are four (4)
downspouts proposed on the south façade of the building. These
downspouts would be visible from the southerly parking lot, the sidewalk
th
along both Seacrest Boulevard and NE 9 Avenue and both street rights-
of-way. In their Justification Statement, the applicant states, “The request
is cost prohibited. In an effort to compromise, the rainwater
leaders/downspouts have been finished to match the building color,
camouflaging its presence from the street”. The applicant has also placed
two (2) Alexander Palms along the south building façade (as depicted on
Sheet R7.0), which may partially screen a couple of the downspouts. The
requirement for enclosing downspouts within the building structure or
architectural element has been a code requirement since the year 2010
and all projects, Major or Minor, have complied with the requirement. The
impetus behind the regulation is to provide a finished, architecturally
appealing building façade. This is the first appeal of this code provision,
and staff does not wish to set precedent, based upon the applicant’s
claim of expense, when smaller projects than this one have complied with
the requirements. Therefore, staff recommends denial of the appeal of the
requirement to enclose the downspouts.
RECOMMENDATION
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Staff has reviewed these requests for Community Design Plan Appeal and recommends
denial of the two (2) appeals.
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Family Dollar Store (CDPA 14-001 & 14-002)
APPLICANT: Paul Tremblay, Boos Development Group, Inc.
st
APPLICANT’S ADDRESS: 5789 NW 151 Street, Suite B, Miami Lakes, FL 33014
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2, 2014
APPROVAL SOUGHT: Request for Community Design Plan Appeal approval of
Chapter 4, Article III, Section 2.C.3. and the Urban Design
Guidelines, Chapter IX, Façade, 2.i., which require vision
glass on facades within the urban setting that have high
pedestrian visibility, and Chapter 4, Article III, Section
3.A.8. “Downspouts”, which requires downspouts to be
enclosed within the building structure or architectural
element when visible from areas accessible by the public
on the property and/or from adjacent public rights-of-way.
LOCATION OF PROPERTY: 1010 N. Seacrest Boulevard, SE corner of MLK and Seacrest
Boulevards.
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ THIS MATTER was presented to the City Commission of the City of Boynton Beach,
Florida on the date of hearing stated above. The City Commission having considered the approval sought
by the applicant and heard testimony from the applicant, members of city administrative staff and the
public finds as follows:
1. Application for the approval sought was made by the
Applicant in a manner consistent with the requirements of the
City’s Land Development Regulations.
2. The Applicant
___ HAS
___ HAS NOT
established by substantial competent evidence a basis for the approval requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth
on Exhibit “C” with notation “Included.”
4. The Applicant’s request is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 above.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
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6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other: _______________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
DATED:__________________________ _____________________________________________
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Family Dollar\CDPA 14-001 & 14-002\DO.doc
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9. F
PUBLIC HEARING
September 2, 2014
COBB
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AIRF
GENDA TEM EQUEST ORM
CMD:
September 3, 2014
OMMISSION EETING ATE
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S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 14-013 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - PUBLIC HEARING - Approve High Ridge Landing PUD rezoning (REZN 14-002)
from a PUD (Planned Unit Development) with the Master Plan for 110 single-family homes, to a
PUD to be combined with adjacent property to the north, establishing a Master Plan consisting of
184 apartments, the Imagine Charter School and athletic fields, located at the NW corner of High
Ridge Road and Miner Road. Applicant: Ron Roan, High Ridge Housing, LLC. (TABLED TO
9/3/14)
PROPOSED ORDINANCE NO. 14-014 - FIRST READING - PUBLIC HEARING - Approve
High Ridge Landing PUD rezoning (REZN 14-002) from R-2 (Single and Two-Family Residential
District) to a PUD to be combined with adjacent property to the south establishing a new Master
Plan consisting of 184 apartments, the Imagine Charter School and athletic fields, located at the
NW corner of High Ridge Road and Minor Road. Applicant: Ron Roan, High Ridge Housing,
LLC. (TABLED TO 9/3/14)
ER:
The proposed rezoning would recreate a PUD (Planned Unit
XPLANATION OF EQUEST
Development) zoning originally placed on the subject property in 2005, after it was
annexed to the City. The PUD was initially approved for 174 units (48 single family
homes and 126 townhomes), then modified in 2007 to include 110 single-family homes.
However, the prolonged economic downturn thwarted project construction.
In 2009, the subject property was split in two after the owner sold a 4.22-acre parcel at
the northern portion of the site for development of a charter school. The school’s part of
the property was rezoned from PUD to R-2 (Single-and Two Family Residential District),
since schools were not allowed in PUD until 2012, when the LDR regulations were
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amended. In 2013, the owner sold another 5.31 acre part of the property for a future
school recreational area. The request, if approved, would reunite the three properties
under the PUD zoning with a new master plan which would include a multifamily
residential component with 184 apartments and the existing school with the soon-to-be
developed athletic field.
The proposed master plan represents relatively little change from the first master plan
approved for the property (184 units as compared to 174 units). The property’s future
land use classification is Medium Density Residential, which allows for the requested
number of units. The type of units—rental apartments—reflects a strong market
demand. Moreover, given the proximity of the school, many alternative uses for the
property (particularly the previously proposed industrial use) could create compatibility
issues.
The proposed rezoning is compatible with the current and future use of adjacent and
nearby properties: there is a considerable diversity of land uses in proximity of the
subject property, from residential uses of various types and densities to institutional and
industrial uses. In addition to proximity of the school, and industrial and commercial
uses as employment centers, the project is located within ½ mile from the regional
transit network of Tri-Rail, giving future residents convenient access to the three-county
labor market.
The Planning and Development Board recommended denial of the subject request on
July 22, 2014.
H?
No impact on City programs or
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
services.
FI:
The project would generate approximately $160,000 of annual
ISCAL MPACT
revenues in ad valorem taxes and fire assessment. The estimate of total annual fees for
water, sewer, and stormwater is $58,800. The necessary services can be provided
within the existing capacity of the respective city departments: no additional capital
outlays or increased staffing would be required.
The park impact fee will be $109,480.
A:
None recommended
LTERNATIVES
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ORDINANCE NO. 14-013
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF RON ROAN OF HIGH RIDGE
HOUSING, LLC., TO REZONE A PARCEL OF LAND LOCATED ON
THE NORTHWEST CORNER OF HIGH RIDGE ROAD AND MINER
ROAD, AS MORE FULLY DESCRIBED HEREIN, FROM PLANNED
UNIT DEVELOPMENT (PUD) WITH MASTER PLAN FOR 110
SINGLE FAMILY HOMES TO PLANNED UNIT DEVELOPMENT
(PUD) WITH MASTER PLAN FOR 184 APARTMENTS, IMAGINE
CHARTER SCHOOL AND ATHLETIC FIELDS; PROVIDING FOR
CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE
.
WHEREAS,
the City Commission of the City of Boynton Beach, Florida has adopted a
Revised Zoning Map for said City; and
WHEREAS,
Ron Roan has filed a petition on behalf of the owners, High Ridge Housing,
LLC., to rezone a parcel of land more particularly described hereinafter; and
WHEREAS,
the City Commission, following required notice, conducted a public hearing
to consider the rezoning and heard testimony and received evidence which the Commission finds
supports a rezoning for the property hereinafter described; and
WHEREAS
, the City Commission finds that the proposed rezoning is consistent with the
Land Use described in the City’s Comprehensive Plan; and
WHEREAS,
the City Commission deems it in the best interests of the inhabitants of said
City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2. The following described land located on the Northwest corner of High
Ridge Road and Miner Road, as more fully described herein, is hereby rezoned from Planned Unit
Development (PUD) with a Master Plan for 110 single-family homes to Planned Unit
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Development (PUD) with a Master Plan for 184 apartments, the Imagine Charter School and
athletic fields:
LEGAL DESCRIPTION:
HIGH RIDGE HOUSING, LLC
BEING A PORTION OF HIGH RIDGE PUD, PLAT BOOK 109, PAGES 90 THROUGH 93, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID HIGH RIDGE PUD, RUN THENCE NORTH
01°09'29" EAST ALONG THE WEST LINE OF SAID PLAT, A DISTANCE OF 549.75 FEET; THENCE SOUTH
88°50'31" EAST, A DISTANCE OF 51.26 FEET; THENCE NORTH 28°49'12" EAST, A DISTANCE OF 398.90
FEET; THENCE SOUTH 88°09'31" EAST, A DISTANCE OF 234.09 FEET TO A POINT ON THE EAST LINE
OF SAID PLAT, SAID EAST LINE ALSO BEING THE WEST RIGHT-OF-WAY LINE OF HIGH RIDGE
ROAD; THENCE SOUTH 01°50'29" WEST ALONG SAID EAST LINE AND ALONG SAID WEST RIGHT-OF-
WAY LINE, A DISTANCE OF 851.74 FEET; THENCE SOUTH 46°11'53" WEST, A DISTANCE OF 36.07
FEET TO A POINT ON THE SOUTH LINE OF SAID PLAT, SAID SOUTH LINE ALSO BEING THE NORTH
RIGHT-OF-WAY LINE OF MINER ROAD; THENCE SOUTH 88°07'03" WEST ALONG SAID SOUTH LINE
AND ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 435.45 FEET TO THE POINT OF
BEGINNING.
CONTAINING 362,997 SQUARE FEET OR 8.33 ACRES. MORE OR LESS.
TOGETHER WITH
LEARNING EXCELLENCE FOUNDATION OF SOUTH PALM BEACH, INC.
ALL OF THE PLAT OF “HIGH RIDGE PUD” ACCORDING TO THE PLAY THEREOF AS RECORDED IN
PLAY BOOK 109, PAGE 90 THRU 93, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
LESS AND EXCEPT A PORTION OF “HIGH RIDGE PUD” ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAY BOOK 109, PAGES 90 THRU 93, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SAID “HIGH RIDGE PUD” PLAT; THENCE NORTH 88
DEGREES 35 MINUTES 59 SECONDS EAST ALONG THE NORTH LINE OF SAID PLAT, A DISTANCE OF
471.46 FEET; THENCE SOUTH 01 DEGREES 50 MINUTES 29 SECONDS WEST ALONG THE EAST LINE
OF SAID PLAT, A DISTANCE OF 400.00 FEET; THENCE NORTH 88 DEGREES 09 MINUTES 31 SECONDS
WEST, A DISTANCE OF 475.09 FEET; THENCE NORTH 01 DEGREES 09 MINUTES 29 SECONDS EAST
ALONG THE WEST LINE OF SAID PLAT, A DISTANCE OF 242.76 FEET; THENCE NORTH 05 DEGREES
02 MINUTES 00 SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF 130.80 FEET TO THE
POINT OF BEGINNING.
LESS AND EXCEPT FROM THE TOTAL PARCEL DESCRIBED ABOVE THE FOLLOWING DESCRIBED
PARCEL:
BEING A PORTION OF HIGH RIDGE PUD, PLAT BOOK 109, PAGES 90 THRU 93, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID HIGH RIDGE PUD, RUN THENCE NORTH
01’09’29” EAST ALONG THE WEST LINE OF SAID PLAT, A DISTANCE OF 549.75 FEET; THENCE
SOUTH 88’50’31” EAST, A DISTANCE OF 51.26 FEET; THENCE NORTH 28’49’12” EAST A DISTANCE OF
398.90 FEET; THENCE SOUTH 88’09’31” EAST, A DISTANCE OF 234.09 FEET TO A POINT ON THE EAST
LINE OF SAID PLAT, SAID EAST LINE ALSO BEING THE WEST RIGHT-OF-WAY LINE OF HIGH RIDGE
ROAD; THENCE SOUTH 01’50’29” WEST ALOND SAID EAST LINE AND ALONG SAID WEST RIGHT-
OF-WAY LINE, A DISTANCE OF 851.74 FEET; THENCE SOUTH 46’11’53” WEST, A DISTANCE OF 36.07
FEET TO A POINT ON THE SOUTH LINE OF SAID PLAT, SAID SOUTH LINE ALSO BEING THE NORTH
RIGHT-OF-WAY LINE OF MINER ROAD; THENCE SOUTH 88’07’03” WEST ALONG SAID SOUTH LINE
AND ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 435.45 FEET TO THE POINT OF
BEGINNING.
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SAID LANDS SITUAE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA AND
CONTAIN 231,380 SQUARE FEET (5.312 ACRES) MORE OR LESS..
A location map is attached hereto as Exhibit “A” and made a part of this Ordinance by reference.
Section 3. That the Zoning Map of the City is amended to reflect this rezoning.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 5. Should any section or provision of this Ordinance or any portion thereof be declared
by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of
this Ordinance.
Section 6. This ordinance shall become effective immediately upon passage.
th
FIRST READING this 19 day of August, 2014.
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SECOND, FINAL READING and PASSAGE this ___ day of ___________, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Mack McCray
______________________________
ATTEST: Commissioner – Michael M. Fitzpatrick
_______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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ORDINANCE NO. 14-014
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF RON ROAN OF HIGH RIDGE
HOUSING, LLC., AMENDING ORDINANCE 02-013 TO REZONE A
PARCEL OF LAND LOCATED ON THE WEST SIDE OF HIGH RIDGE
ROAD, APPROXIMATELY 0.25 MILES NORTH OF MINER ROAD, AS
MORE FULLY DESCRIBED HEREIN, FROM SINGLE AND TWO
FAMILY DWELLING DISTRICT (R-2) TO PLANNED UNIT
DEVELOPMENT (PUD) WITH MASTER PLAN FOR 184
APARTMENTS, IMAGINE CHARTER SCHOOL AND ATHLETIC
FIELDS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN
EFFECTIVE DATE
.
WHEREAS,
the City Commission of the City of Boynton Beach, Florida has adopted
Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and
WHEREAS,
WDDW RESOURCES, LLC., owner of the property located on the west
side of High Ridge Road, approximately 0.25 miles north of Miner Road in Boynton Beach,
Florida, as more particularly described herein, has endorsed a Petition filed by applicant Ron
Roan of High Ridge Housing, LLC., pursuant to Section 9 of Appendix A-Zoning, of the Code of
Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land, said
land being more particularly described hereinafter, from Single and Two-family Dwelling District
(R-2) to Planned Unit Development (PUD) as part of the master plan for 184 apartments, imagine
charter school and athletic fields; and
WHEREAS,
the City Commission conducted a public hearing and heard testimony and
received evidence which the Commission finds supports a rezoning for the property hereinafter
described; and
WHEREAS
, the City Commission finds that the proposed rezoning is consistent with an
amendment to the Land Use which was contemporaneously considered and approved at the
public hearing heretofore referenced; and
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WHEREAS,
the City Commission deems it in the best interests of the inhabitants of said
City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2. The following described land located on the west side of High Ridge Road,
approximately 0.25 miles north of Miner Road in Boynton Beach, Florida, as set forth as follows:
TRACT "A", IMAGINE CHARTER SCHOOL AT BOYNTON BEACH, ACCORDING TO THE
PLAT THEREOF, RECORDED IN PLAT BOOK 112, PAGES 186 AND 186 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY,
FLORIDA.
CONTAINING 183,902 SQUARE FEET/4.2218 ACRES MORE OR LESS.
be and the same is hereby rezoned from Single and Two-Family Dwelling District (R-2) to
Planned Unit Development (PUD) as part of the master plan for 184 apartments, imagine charter
school and athletic fields. A location map is attached hereto as Exhibit “A” and made a part of
this Ordinance by reference.
Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
accordingly.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 5. Should any section or provision of this Ordinance or any portion thereof be declared
by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of
this Ordinance.
Section 6. This ordinance shall become effective immediately upon passage.
th
FIRST READING this 19 day of August, 2014.
SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2014.
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CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Mack McCray
______________________________
ATTEST: Commissioner – Michael M. Fitzpatrick
_______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 14-017
STAFF REPORT
TO: Chair and Members
Planning and Development Board
THRU: Michael Rumpf
Planning and Zoning Director
FROM: Hanna Matras, Senior Planner
DATE: July 14, 2014
PROJECT: High Ridge Landing PUD
REZN 14-002
REQUEST: Approve High Ridge Landing PUD rezoning (REZN 14-002) from a
PUD (Planned Unit Development) with the Master Plan for 110
single-family homes, and from R-2 (Single and Two-Family
Residential District) developed with a school (Imagine Charter
School), to a PUD with a Master Plan for 184 apartments, the
Imagine Charter School and athletic fields.
________________
PROJECT DESCRIPTION
Property Owner: High Ridge Housing, LLC and WDDW Resources LLC
Applicant: Ron Roan/High Ridge Housing, LLC
Northwest corner of High Ridge Road and Miner Road (Exhibit “A”)
Location:
Existing Land Use/
Zoning: Medium Density Residential (MeDR)/ PUD (Planned Unit
Development) with a Master Plan for 110 single-family homes
and; R-2 (Single and Two-Family Residential District)
Proposed Land Use/
Zoning: Medium Density Residential (MeDR)/ PUD (Planned Unit
Development) with a Master Plan for 184 apartments, the school
and accessory athletic fields
Acreage: +/- 18.44 acres
Adjacent Uses:
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North: Single family homes in unincorporated Palm Beach County, classified LR-2 Low
Density Residential (2 du/acre) and zoned RS Single Family Residential.
South: The right-of-way of Miner Road, then developed property (High Ridge Commerce
Center) classified Industrial (I) and zoned M-1 Industrial; to the southwest,
undeveloped property within unincorporated Palm Beach County classified
Industrial (IND) and zoned Single Family Residential (RS).
East: The right-of-way of High Ridge Road, then, to the northeast, Cedar Ridge
Estates with single family homes and townhomes (townhomes built at 8.04
du/acre), classified Low Density Residential (LDR) and zoned Planned Unit
Development (PUD). To the southeast, Cedar Ridge and High Ridge Commerce
Park, developed properties classified Industrial (I) and zoned Planned Industrial
Development (PID).
West: To the west, undeveloped property (High Ridge Country Club) designated Low
Density Residential (LDR) and zoned R1AA Single Family Residential.
BACKGROUND
The subject property was annexed into the City in May 2005 and approved for Medium Density
Residential (MeDR) land use, allowing a maximum density of 9.68 dwelling units per acre. As per the
concurrently approved master plan and the site plan approved in September 2005, the project included
48 single family homes and 126 townhomes. However, infrastructure issues delayed construction and,
faced with a deteriorating housing market, the developer requested a modification, which cut the number
December 2007, but by
of units by 64 and eliminated townhomes. The modification was approved in
then the “Great Recession” took hold and it became clear that the modified project
remained financially unfeasible.
In October 2008 the developer applied for a land use amendment and rezoning of the site to change the
land use and zoning from residential to industrial. The amendment underwent the state review but the
developer chose not to pursue the final adoption and the requests were effectively dropped. In 2009, he
sold a 4.22-acre parcel at the northern portion of the property, subsequently developed as Imagine
Charter School, and, in 2013, another 5.31 acre part of the property for a future school recreational area.
Please note that the development order for the modified master plan approved in 2007 remains valid as
per extensions granted by state law in 2012. However, given that the portions of the property sold for the
school site were a part of the subject master plan, any development plans would require either master
plan modification or a new master plan. In this case, the owner of property occupied by Imagine Charter
School (currently zoned R-2) and the new owner of the remaining parcel (currently zoned PUD) jointly
request rezoning of the entire property to PUD with a new master plan which would include a residential
component and the existing school with the soon-to-be developed athletic field.
REVIEW BASED ON CRITERIA
The criteria used to review Comprehensive Plan amendments and rezonings are listed
in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section
2.D.3. These criteria are required to be part of a staff analysis when the proposed
change includes an amendment to the Comprehensive Plan Future Land Use Map
(FLUM) or a rezoning.
w. Demonstration of Need. A demonstration of need may be based upon changing
conditions that represent a demand for the proposed land use classification and
zoning district. Appropriate data and analysis that adequately substantiates the
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need for the proposed land use amendment and rezoning must be provided within
the application.
In terms of overall density, the new Master Plan represents relatively little change
from the first Master Plan approved for the property (184 units as compared to 174
units). The property’s current future land use classification is Medium Density
Residential, which allows for the requested number of units. The type of units—
rental apartments—reflects a strong market demand, fueled by victims of
foreclosures and others prevented from getting a mortgage by restrictive
underwriting criteria, as well as rising home prices and stagnant wages. Moreover,
given the proximity of the school, many alternative uses for the property (particularly
the previously proposed industral use) would create compatibility issues.
x. Consistency. Whether the proposed Future Land Use Map amendment (FLUM)
and rezoning would be consistent with the purpose and intent of, and promote, the
applicable Comprehensive Plan policies, Redevelopment Plans, and Land
Development Regulations.
The proposed rezoning with a new Master Plan is consistent with all applicable policies
of the Comprehensive Plan and Land Development Regulations (see also response to
{a}). In particular, the Comprehensive Plan explicitely supports proximity of schools to
residential areas (Policy 10 B.1.5).
y. Land Use Pattern. Whether the proposed Future Land Use Map amendment
(FLUM) and rezoning would be contrary to the established land use pattern, or
would create an isolated zoning district or an isolated land use classification
unrelated to adjacent and nearby classifications, or would constitute a grant of
special privilege to an individual property owner as contrasted with the protection of
the public welfare. This factor is not intended to exclude FLUM reclassifications and
rezonings that would result in more desirable and sustainable growth for the
community.
The proposed rezoning will not be contrary to the established land use pattern, will not create
an isolated district, nor will it constitute a grant of special privilege to the owner. The property
is already classified Medium Density Residential, which allows density of 10 dwelling units per
acre. (See also response to “a”.) Moreover, the property is surrounded by diverse land uses,
including industrial uses.
z. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM)
and rezoning would support the integration of a mix of land uses consistent with the
Smart Growth or sustainability initiatives, with an emphasis on 1) complementary
land uses; 2) access to alternative modes of transportation; and 3) interconnectivity
within the project and between adjacent properties.
The subject rezoning would support the integration of the two complementary uses, residential
apartments and a school with its athletic field area. Pedestrian access gate will provide
interconnectivity between the residential part of the project and the athletic field area, while
interconnectivity with adjacent properties will be maintained through sidewalks along High Ridge
Road and Minor Road.
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In addition to proximity of the school, and industrial and commercial uses as employment
centers, the project is located within ½ mile from the regional transit network of Tri-Rail, giving
future residents convenient access to the three-county labor market.
aa. Availability of Public Services / Infrastructure. All requests for Future Land Use
Map amendments shall be reviewed for long-term capacity availability at the
maximum intensity permitted under the requested land use classification.
This request is for rezoning only. Long-term capacity availability for potable water, sewer and
solid waste was reviewed as a part of annexation of the property in 2005. The Palm Beach
County Solid Waste Authority determined that sufficient disposal capacity will be available at the
existing landfill through approximately the year 2046.
Traffic and school concurrency will be reviewed as part of the site plan.
Drainage will be reviewed in detail as part of the site plan, land development, and building
permit review processes.
bb.Compatibility. The application shall consider the following factors to determine
compatibility:
(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning
would be compatible with the current and future use of adjacent and nearby
properties, or would negatively affect the property values of adjacent and nearby
properties; and
(2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning
is of a scale which is reasonably related to the needs of the neighborhood and the
City as a whole.
(5) The proposed rezoning is compatible with the current and future use of adjacent
and nearby properties: there is a considerable diversity of land uses in proximity
of the subject property, from residential uses of various types and densities to
institutional and industrial uses. For example, Cedar Ridge Estates, east of the
property, are developed with both townhomes and single family homes; the
townhome section of the Estates has the density of 8.09 du/acre (as compared
with the 10 du/acre for the proposed project).
Staff foresees no negative impact on property values.
(6) The rezoning, increasing the housing choices, is related to the needs of both.
(See also a response to {a}).
cc. Direct Economic Development Benefits. For rezoning/FLUM amendments
involving rezoning to a planned zoning district, the review shall consider the
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economic benefits of the proposed amendment, specifically, whether the proposal
would:
(1) Further implementation of the Economic Development (ED) Program;
(2) Contribute to the enhancement and diversification of the City’s tax base;
(3) Respond to the current market demand or community needs or provide services
or retail choices not locally available;
(4) Create new employment opportunities for the residents, with pay at or above the
county average hourly wage;
(5) Represent innovative methods/technologies, especially those promoting
sustainability;
(6) Be complementary to existing uses, thus fostering synergy effects; and
(7) Alleviate blight/economic obsolescence of the subject area.
As already noted in this report, the proposed rezoning does not involve a change in
a land use classification of subject property, nor does it represent a significant
change in density from the first Master Plan approved on the property. The project
certainly complies with criteria #2, #3 (see response to “a”), and also #6, the latter
through complementarity between the school and the residential component of the
PUD.
dd.Commercial and Industrial Land Supply. The review shall consider whether the
proposed rezoning/FLUM amendment would reduce the amount of land available for
commercial/industrial development. If such determination is made, the approval can
be recommended under the following conditions:
(1) The size, shape, and/or location of the property makes it unsuitable for
commercial/industrial development; or
(2) The proposed rezoning/FLUM amendment provides substantiated evidence of
satisfying at least four of the Direct Economic Development Benefits listed in
subparagraph “g” above; and
(3) The proposed rezoning/FLUM amendment would result in comparable or higher
employment numbers, building size and valuation than the potential of existing land
use designation and/or rezoning.
The proposed rezoning does not change the type of land use allowed on the
property.
ee. Alternative Sites. Whether there are adequate sites elsewhere in the City for the
proposed use in zoning districts where such use is already allowed.
N/A. The use is already allowed.
ff. Master Plan and Site Plan Compliance with Land Development Regulations.
When master plan and site plan review are required pursuant to Section 2.D.1.e
above, both shall comply with the requirements of the respective zoning district
regulations of Chapter 3, Article III and the site development standards of Chapter 4.
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The concurrent master plan and site plan shall comply with said requirements.
RECOMMENDATION
As indicated herein, staff has reviewed the proposed land use amendment and rezoning
and determined that it is consistent with the Comprehensive Plan objectives and
contributes to economic development. Therefore, staff recommends that the subject
request be approved.
S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\REZN 14-002\Staff Report High Ridge NUC PUD.doc
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9. G
PUBLIC HEARING
September 2, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
Septemer 3, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
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DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve a Major Site Plan Modification (MSPM 14-
EQUESTED CTION BY ITY OMMISSION
002) to allow construction of 184 multi-family rental units (High Ridge Landing) consisting of eight
(8) two- and three-story apartment buildings, amenity area, and related site improvements at the
northwest corner of High Ridge Road and Miner Road, on 8.44 acres within a PUD (Planned
Unit Development) zoning district. Applicant: Ron Roan of High Ridge Housing, LLC. (TABLED
TO 9/3/14)
ER:
The applicant is requesting a major site plan modification for
XPLANATION OF EQUEST
High Ridge Landing PUD to modify the approved Master Plan and Site Plan by revising
the total number of units (184 is the maximum allowed at 10 dwelling units per acre),
changing the type of housing proposed, and revising related site improvements. The
owner of property occupied by Imagine Charter School (currently zoned R-2) and the
new owner of the remaining parcel (currently zoned PUD) are jointly requesting a
concurrent rezoning of the entire 18.44 acres to PUD with a new master plan that would
integrate the proposed residential component with the existing school and soon-to-be
developed athletic field (see REZN 14-002).
According to the site plan, a total of 325 parking spaces are provided, which is a
deficiency of 55 spaces and an equivalent of 1.7 parking spaces per unit. The applicant
has noted that 1.7 parking spaces per unit is an accepted industry standard that has
been utilized in other “New Urban” style developments that offer a range of on-site
amenities, and are located in close proximity to off-site amenities and uses that will
serve the neighborhood. Staff has researched this and is proposing a code revision to
the parking regulations (CDRV 14-002) concurrent with this request that will facilitate a
reduction in required parking spaces while promoting and recognizing developments
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that propose sustainable design or operation. Based on the proposed code revision
(CDRV 14-002), parking ratios of 1.33 spaces per each one (1)-bedroom apartment
(reduction of .17/unit) and 1.66 spaces per each two (2) or more bedroom apartment (a
reduction of .34/unit), the 325 parking spaces proposed would comply with the minimum
off-street parking requirements.
The Planning & Development Board at their July 22, 2014 meeting voted to deny the
major site plan modification request.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
The project would generate approximately $160,000 of annual
ISCAL MPACT
revenues in ad valorem taxes and fire assessment. The estimate of total annual fees for
water, sewer, and stormwater is $58,800. The necessary services can be provided
within the existing capacity of the respective city departments: no additional capital
outlays or increased staffing would be required.
The park impact fee will be $109,480.
A:
None recommended
LTERNATIVES
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 14-025
STAFF REPORT
TO: Chair and Members
Planning and Development Board and City Commission
THRU: Michael Rumpf
Planning and Zoning Director
FROM: Kathleen Zeitler
Planner II
DATE: July 15, 2014
PROJECT NAME/NO: High Ridge Landing PUD / MSPM 14-002
REQUEST: Major Site Plan Modification
PROJECT DESCRIPTION
Property Owner:
High Ridge Housing, LLC
Applicant:
Ron Roan, Vice-President of High Ridge Housing, LLC
Agent:
Brian Cheguis, Principal Planner with Cotleur & Hearing, Inc.
Location:
Northwest corner of High Ridge Rd and Miner Rd
(see Exhibit “A” – Location Map)
Existing Land Use:
Medium Density Residential (MeDR)
Existing Zoning:
PUD, Planned Unit Development (with a Master Plan for 110
single-family homes)
Proposed Land Use:
No change proposed
Proposed Zoning:
PUD, Planned Unit Development (with a new Master Plan for 184
multi-family apartments, Imagine Charter School and athletic
fields) (see REZN 14-002)
Proposed Use:
Request major site plan modification to construct 184 multi-family
apartments
Acreage:
8.33 acres (362,855 square feet) for proposed residential area
Adjacent Uses:
North:
Proposed Imagine Charter School sports field on 5.31 acres on property
classified MeDR (Medium Density Residential) future land use and zoned PUD; and
farther north, Imagine Charter school on 4.22 acres on property classified MeDR future
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land use, and currently zoned R-2 with proposed rezoning to PUD (see REZN 14-002);
and single-family homes in unincorporated Palm Beach County, designated PBC LR-2
(Low Density Residential) and zoned PBC RS (Single-Family Residential);
South:
Right-of-way of Miner Road, then developed property (High Ridge
Commerce Center II flex-space warehouse) classified I (Industrial) future
land use, and zoned M-1 (Light Industrial); farther south a townhome
development (Canterbury) with a density of approximately 9.9 du/acre,
classified I (IndustriaI) future land use and zoned PID (Planned Industrial
Development); and to the southwest, undeveloped property within
unincorporated Palm Beach County classified PBC IND (Industrial) future
land use and zoned PBC RS (Single-Family Residential).
East:
Right-of-way of High Ridge Road, then developed industrial property
(High Ridge Commerce Center) classified I (Industrial) future land use,
and zoned PID (Planned Industrial Development), and to the northeast,
Cedar Ridge Estates PUD with single family homes and townhomes
(townhomes built at 8.04 du/acre), classified LDR (Low Density
Residential) and zoned PUD (Planned Unit Development); and,
West:
Undeveloped property (High Ridge Country Club) designated LDR (Low
Density Residential) and zoned R1AA (Single Family Residential), and
farther west, High Ridge Country Club golf course and clubhouse
classified REC (Recreation) future land use, and zoned REC
(Recreation).
BACKGROUND
Agent Brian Cheguis with Cotleur & Hearing Inc., on behalf of applicant Ron Roan, Vice-
President of High Ridge Housing LLC, is requesting a major site plan modification for High
Ridge Landing PUD to modify the approved Master Plan and Site Plan by revising the total
number of units, changing the type of housing proposed, and revising related site improvements
(see Exhibit “B” – Site Plan). The owner of property occupied by Imagine Charter School
(currently zoned R-2) and the new owner of the remaining parcel (currently zoned PUD) are
jointly requesting a concurrent rezoning of the entire 18.44 acres to PUD with a new master plan
that would integrate the proposed residential component with the existing school and soon-to-be
developed athletic field (see REZN 14-002). Pedestrian walking paths with gate access and a
shared driveway access from Miner Road will provide interconnectivity between the residential
part of the PUD and the school and athletic field, while interconnectivity with adjacent properties
will be maintained through sidewalks along High Ridge Road and Miner Road.
The maximum density allowed by the MeDR (Medium Density Residential) land use
classification is 10 dwelling units per acre (at time of previous site plan approval MeDR was
9.68 du/ac), which would provide the developer a maximum of 184 units. The previous approval
in 2007 (MSPM 07-010) for High Ridge PUD was for 110 single-family detached units on 18.44
5.96 dwelling units per acre (du/ac), a net reduction of 64 units from the
acres at a density of
previously approved 2005 site plan. The original site plan in 2005 (NWSP 05-016) was
approved for
48 single-family detached units and 126 fee-simple townhouse units at a density of
9.43 du/ac. Due to the modified design from single-family lots and interior streets, a revised plat
is required to be submitted to the Engineering Division for their review and approval prior to the
issuance of a building permit for the project (see Exhibit “C” – Conditions of Approval).
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To date, the High Ridge PUD project has been approved for the following: an annexation
(ANEX 05-001); a future land use map amendment (LUAR 05-002) from PBC MDR (Medium
Density Residential) with a density of 5 dwelling units per acre, and PBC LR-2 (Low Density
Residential) with a density of 2 dwelling units per acre to the City’s MeDR (Medium Density
Residential) classification with a density of 9.68 dwelling units per acre; a rezoning (LUAR 05-
002) from PBC RS (Single-Family Residential) to PUD (Planned Unit Development); a new site
plan (NWSP 05-016); a minor site plan modification (MMSP 06-051); and a site plan time
extension (SPTE 06-013), which extended site plan approval to September 20, 2007; a major
site plan modification (MSPM 07-010) and a site plan time extension granted by state law in
2012.
ANALYSIS
Concurrency:
Traffic:
A traffic impact analysis for the proposed project prepared by Kimley-Horn and
Associates, Inc. was sent to the Palm Beach County Traffic Division for
concurrency review in order to ensure an adequate level of service. Based on
the traffic impact analysis, all significantly impacted links (using Level of Service
D and E service volumes) would operate acceptably through build-out of the
project in 2019. A traffic concurrency approval letter was received from Palm
Beach County indicating that 94 AM peak hour trips and 114 PM peak hour trips
would be generated as a result of this project, and that no permits are to be
issued after the build-out date of 2019.
In 2007, land was dedicated from the previous owner of the subject property to
Palm Beach County for future High Ridge Road right-of-way. Per the submitted
traffic impact analysis, a review was conducted of the Five Year Plans of Palm
Beach County and FDOT, as well as those improvements committed to by the
developers of projects in the area. Based on the review, no roadway
improvements are projected to be within the project’s impact radius. Also the
projected turning movement volumes for the project did not exceed the specified
volume thresholds, therefore no additional turn lanes were recommended.
The School District of Palm Beach County has reviewed the
School:
application for a concurrency determination on the proposed project
of 184 apartment units and found it complies with the adopted Level
of Service (LOS) for Schools. Adequate capacity exists in area
public schools to accommodate the projected resident population.
The City’s water capacity, as increased through the purchase of up to 5 million
Utilities:
gallons of potable water per day from Palm Beach County Utilities, would meet
the projected potable water needs for this project. Sufficient sanitary sewer and
wastewater treatment capacity is also currently available to serve this project.
Drainage:
Conceptual drainage information was provided for the City’s review. The
Engineering Division has found the conceptual information to be adequate and is
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recommending that the review of specific drainage solutions be deferred until
time of permit review. All South Florida Water Management District permits and
other drainage related permits must be submitted at time of building permit.
Police/Fire:
The Police Department has reviewed the site plan and all review comments have
been acknowledged by the applicant and will be addressed at the time of
permitting. Police staff has determined that current staffing levels would be
sufficient to meet the expected demand for services. The Fire Department
expects to be able to maintain an adequate level of service for the subject project
with current or expected infrastructure and/or staffing levels. Further plan review
by Police and Fire, including infrastructure requirements such as fire hydrants,
would be addressed during the permitting process.
Access:
The proposed development of rental apartments would be gated for privacy.
One (1) main point of ingress/egress via a driveway connection to High Ridge
Road is proposed (see Exhibit “B” – Site Plan). The access would be located
approximately 400 feet from the intersection of High Ridge Road and Miner Road
and align with Commerce Road located on the east side of High Ridge Road.
The site plan shows that there are two (2) lanes for ingress into the subject
property, and one (1) egress lane to exit, separated by a landscaped median 12
feet wide and approximately 115 feet long. All ingress and egress lanes are 12
feet wide. The left ingress lane includes a call box for visitors to gain entry
through the gates, and the right ingress lane serves as a bypass lane for
residents. A queuing area 105 feet in length is provided from the access at High
Ridge Road to the call box, allowing for the stacking of several vehicles on-site.
Past the median is a proposed 2-way drive aisle flanked on the north and south
by an access gate that would allow residents entry into the development. The 24
foot wide drive aisle would also serve as a vehicular turn-around area for drivers
that cannot enter through the security gates.
A secondary point of ingress/egress is from the existing full access drive on
Miner Road located approximately 450 feet from the intersection of Miner Road
and High Ridge Road. A two-way gated access point for resident access only is
located off the existing Miner Road driveway. All gates would have lock boxes
for Fire Department access. The driveway openings allow for sufficient ingress
and egress of emergency and service vehicles. The plans also show a 20-foot
wide emergency access point from High Ridge Road near the northeast corner of
the site. This stabilized sod access route would be gated and used for
emergency purposes only if the main entrance is obstructed.
Vehicular circulation within the development is provided through private drive
aisles. Each two (2)-way drive aisle would have 12.5 foot wide travel lanes,
which would conform to current engineering standards. Some residents would
access their garage space via these drive aisles, while other residents without a
garage space would access parking spaces near their residential building.
The sidewalks are proposed separately from the vehicular use areas, and
provide pedestrian connectivity throughout the site. Sidewalks ranging from four
(4) to seven (7) feet wide throughout the development and provide pedestrian
access to amenities such as the recreation building, pool, and poolside gazebo,
and lake.
Parking:
Both garage and surface parking spaces are proposed for the development. The
current parking regulations require one and one-half (1.5) parking space per one
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(1)-bedroom apartment. Two (2) and three (3)-bedroom apartments require two
(2) parking spaces per unit. The project proposes 48 one (1)-bedroom units, and
136 two (2)-bedroom and three (3)-bedroom units. The recreational amenity
area requires 0.15 per unit for guest parking plus one (1) space per 300 square
feet of area within the recreation building that is devoted to leasing and offices.
Based on the above current parking regulations, a minimum of 380 spaces are
required for the 184 proposed units and recreational amenity area (equivalent to
2.06 parking spaces per unit).
According to the site plan, a total of 325 parking spaces are provided, which is a
deficiency of 55 spaces and an equivalent of 1.7 parking spaces per unit. The
applicant has noted that 1.7 parking spaces per unit is an accepted industry
standard that has been utilized in other “New Urban” style developments that
offer a range of on-site amenities, and are located in close proximity to off-site
amenities and uses that will serve the neighborhood. Staff has researched this
and is proposing a code revision to the parking regulations (CDRV 14-002)
concurrent with this request that will facilitate a reduction in required parking
spaces while promoting and recognizing developments that propose sustainable
design or operation. Based on the proposed code revision parking ratios of 1.33
spaces per each one (1)-bedroom apartment (reduction of .17/unit) and 1.66
spaces per each two (2) or more bedroom apartment (a reduction of .34/unit), the
325 parking spaces proposed would comply with the minimum off-street parking
requirements, should the code revision (CDRV 14-002) be adopted as proposed.
The proposed development is located within close proximity to job centers,
institutional uses, public recreational natural lands, and public transportation
systems (within 0.5 mile of the Boynton Beach Tri-Rail station and Palm Tran bus
stop). The applicant is encouraging a range of sustainable initiatives as part of
the built and operational programming of the site by incentivizing the use of
alternative modes of transportation. Proposed is a sustainable living
environment that accommodates bikes, low-powered mopeds and scooters,
motorcycles, compact vehicles, and electric vehicles, and provides integrated
pedestrian facilities within the community. Operational rules shall be proposed
regarding the maximum number of vehicles per unit, especially lesser used
vehicles such as recreational, work, or utility vehicles and equipment. Incentives
shall be proposed for single vehicle households or those regularly using or
dependent on public transportation, while one (1)-bedroom units with more than
one (1) car, and two (2)-bedroom units with more than two (2) cars may pay
more rent each month.
All proposed parking stalls, including the size and location of the handicap space,
were reviewed and approved by both the Engineering Division and Building
Division. In addition, all necessary traffic control signage and pavement
markings will be provided to clearly delineate areas on site and direction of
circulation.
Landscape:
Site plan tabular data indicates the pervious area (open space, buffer, recreation
area, and lake) would total 29% of the entire site. A total of 1.74 acres of the
subject property would be landscaped open space and buffers. This pervious
surface would account for 21% of the total site. The landscape plan provides a
complimentary mix of canopy trees and palms exceeding the City’s minimum
landscape requirements, and proposes buffers around the perimeter of the entire
development; landscape islands throughout the off-street parking areas; and
foundation plantings around all building elevations.
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Proposed plant material is limited by the landscape code to native and drought
tolerant species with low to medium water needs (waterwise Florida-friendly
plants). Tree species would include the following:Black Olive, Gumbo Limbo,
Sweet Mahogany, Brazilian Beautyleaf, Cassia, Royal Poinciana, Slash Pine,
Live Oak, Silver Buttonwood, and East Palatka Holly. Palm species would
include the Green Malayan Coconut, European Fan, Sabal, Montgomery,
Alexander, Christmas, Pygmy Date, Royal, and Bismarck palms.
The landscape plans indicate compliance with the required minimum buffers
around the perimeter of the site. Landscape buffers along the rights-of-way of
High Ridge Road and Miner Road would be 15 feet wide and contain alternating
Live Oak and East Palatka Holly canopy trees planted every 30 feet and a
continuous hedge three (3) feet in height of Red-tip Cocoplum. A decorative five
(5) foot high aluminum rail fence with brick columns would be located on the
outside edge of the Cocoplum hedge and have clustered Viburnum shrubs
around each brick column. Outside the fence would be a continuous hedge of
variegated Pittosporum two (2) feet in height and Green Island Ficus
groundcover to the property lines. Similar landscaping is proposed along the
east side of the Miner Road access drive. The landscape buffer along the west
property line is existing and is located adjacent to a buffer for High Ridge Country
Club.
A total of eight (8) Florida Royal palm trees 22 feet in height are proposed along
main entrance leading to the recreational amenity area. Bismarck Palms are
proposed within the main entrance median. The pool and cabana area would be
heavily landscaped with a variety of plant material. Lake planting will include
upland transitional plants such as Bald Cypress and Dahoon Holly. Littoral
plantings within the lake would include Canna Lily, Spike Rush, Pickerel Weed,
Duck Potato, and Water Lily.
The code limits the use of sod to larger open spaces for passive or active
recreation purposes, as well as swales, water detention and retention areas, in
an effort to reduce water consumption. The applicant has reduced the amount of
sodded areas from the original submittal, limiting placement to the rear yard play
area. If the areas labeled Active Rec/Sod Areas to the rear of Buildings 1, 2, 4,
and 6 remain sodded, staff proposes a condition of approval that the plans be
revised to indicate relocation of landscaping to provide pedestrian accessibility to
these areas for all residents of the development for recreational purposes, and
include continuous walking paths and signage as dog walk areas (see Exhibit “C”
– Conditions of Approval).
Burford Holly at four (4) feet in height is proposed to screen the trash compactor.
All above-ground mechanical equipment such as exterior utility boxes, meters,
transformers, and back-flow preventers would be visually screened with three
(3)-foot high Viburnum hedges. Each building would have landscape material
proposed along all four (4) building sides. Select trees would be installed at half
the building height.
Buildings:
The 184 units are proposed within 8 separate three (3)-story buildings consisting
of Type 1, Type II, and Type III buildings. The site plan indicates the 184
proposed units would include the following mix: 48 one (1)-bedroom, one (1)-
bath units; 112 two-(2) bedroom, two (2)-bath units; and 24 three (3)-bedroom,
two (2)-bath units.
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Each Type I building would contain a total of 20 two (2) bedrooms units. The
Type I building is arranged with eight (8) units on the first and second floor and
four (4) units on the third floor. Each unit would be a total of 1000 square feet.
The Type 1 buildings proposed are Building #4 and Building #6 located adjacent
to High Ridge Road.
Each Type II building would contain a total of 24 units consisting of 12 units that
are two (2)-bedroom, and 12 units that are three (3)-bedroom. The Type II
building is arranged with a mix of four (4) two (2)-bedroom units and four (4)
three (3)-bedroom units on each of the three (3) floors. Each two (2)-bedroom
unit would be a total of 1000 square feet, and each three (3)-bedroom unit would
be 1,200 square feet. The Type II buildings proposed are Building #1 located
near the intersection of High Ridge Road and Miner Road, and Building #5
located south of the lake.
Each Type III building would contain a total of 24 units consisting of 12 units that
are one (1)-bedroom, and 12 units that are two (2)-bedroom.The Type III
building is arranged with a mix of four (4) one (1)-bedroom units and four (4) two
(2)-bedroom units on each of the three (3) floors. Each one (1)-bedroom unit
would be a total of 800 square, and each two (2)-bedroom unit would be 1,000
square feet. The Type III buildings proposed are Buildings #2 and #3 located
near the Miner Road access drive, and Buildings #7, and #8 located near the
lake.
Height:
The maximum building height allowed in the PUD zoning district is 45 feet, not to
exceed four (4) stories. All of the residential buildings will comply with the
maximum height requirement for the PUD zoning district. Each of the proposed
buildings is three (3) stories with a total mean building height of 34 feet nine-
inches (34’-9”), measured at the mid-point of the highest pitched roof.
Setbacks:
The minimum required perimeter building setbacks of a PUD are flexible,
however, the required perimeter building setbacks of the PUD must resemble the
setbacks of the adjacent development where a PUD is adjacent to single-family
residential zoning. The largest setback required within single-family residential
zoning districts is 25 feet. All proposed buildings would have a minimum
setback of 25 feet from perimeter property lines in compliance with PUD setback
requirements.
Amenities: Residents and their guests will have access to recreational amenities through
landscaped pedestrian walkways throughout the development. The proposed
amenity area is centrally located and includes a one (1)-story recreation building
of 4,000 square feet with the same architectural elements as the residential
buildings. The recreation building will offer a large clubroom for meetings and
social events, a large fitness room, an internet café, a kid’s playroom, restrooms,
covered front and rear porches, and a mail kiosk. A portion of the recreation
building will also house the apartment leasing, management, and maintenance
offices, including golf cart storage. A swimming pool (approximately 800 square
feet), spa, and poolside gazebo are proposed to the rear of the recreation
building. Pedestrian amenities throughout the development would include
benches, covered bike racks, and trash receptacles.
Design:
The proposed buildings have a Florida Vernacular architectural style that
includes a textured stucco finish, shaped horizontal banding to break up the
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mass of the facades, and flat clay tile roofs. Horizontal and vertical articulation is
maximized by varying roof lines and building off-sets. Decorative features will
include mullioned windows, Bahama shutters, coach lights, balconies with
decorative aluminum railings, cast stone pilasters, French doors, and screened
patios. A pastel color palette includes a separate building color for each building
type. The design, as proposed, would provide for a sense of separation between
units and lessen the perceived density typical of multi-family developments.
The photometric plan (sheet A5.01 PH) proposes 40 freestanding
Lighting:
pole light fixtures throughout the development. The plan
demonstrates that lighting levels would be adequate and not “spill”
over onto adjacent properties. Per the photometric plan, all
proposed lights will be shielded to direct light down and away from
adjacent properties and rights-of-way as required.
Signage:
The site plan depicts a two-sided monument entry sign proposed 10 feet from the
east property line within the development’s driveway median. The proposed sign
will identify the name of the development and include the property address. The
sign itself is limited to five (5) feet in height and the maximum sign face allowed is
16 square feet, and shall be externally illuminated. Typically, sign details are
provided as part of the site plan review and approval, however no sign details
were included on the plans. Staff recommends as a condition of approval that
the plans be revised at time of permitting to include all proposed signage. The
architecture, building materials, finish, and colors are required to be incorporated
into the signage to match the buildings.
Public Art:
The proposed project is subject to the Art in Public Places Ordinance which
requires the developer to either place public art on site or pay the art fee in lieu of
on-site art. The developer of this project has indicated that payment will be made
at time of permitting into the Public Art fund, rather than placing public art on site.
RECOMMENDATION:
The Development Application Review Team (DART) has reviewed this request for major
site plan modification and recommends approval contingent upon approval of the
concurrent request for rezoning (REZN 14-002) ) including a new master plan, and the
concurrent code revisions for parking (CDRV 14-002), and upon satisfying all comments
indicated in Exhibit “C” – Conditions of Approval. Any additional conditions
recommended by the Board or City Commission shall be documented accordingly in the
Conditions of Approval.
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EXHIBIT “C” – CONDITIONS OF APPROVAL
Project Name: High Ridge Landing
File number: MSPM 14-002
nd
Reference: 2review plans identified as a Major Site Plan Modification with a June 10,
2014 Planning and Zoning Department date stamp marking.
DEPARTMENTS
INCLUDE REJECT
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments:
1. At time of permitting, submit an irrigation plan for review and
approval. Landscaping must meet the Engineering Design Manual
Standards P-13 and K-8 for sight triangle and there shall be
unobstructed cross visibility at a level between 2.5 feet and 8 feet √
above the pavement. (2010 LDR, Chapter 4, Article II, Section
4.A.12.f.)
FIRE
Comments: None (All previous comments have been addressed).
POLICE
Comments: None (All previous comments have been addressed).
BUILDING DIVISION
Comments:
2. Note that changes or revisions to these plans may generate
additional comments. Acceptance of these plans during the DART
(Development Application Review Team) process does not ensure √
that additional comments may not be generated by the commission
and at permit review.
3. At time of permit review, submit signed and sealed working drawings
of the proposed construction. √
4. Buildings, structures and parts thereof shall be designed to withstand
the minimum wind loads of 170 mph. Wind forces on every building
or structure shall be determined by the provisions of ASCE 7 and the √
provisions of 2010 FBC, Section 1609 (Wind Loads).
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DEPARTMENTS
INCLUDE REJECT
5. At the time of permit review, submit details of reinforcement of walls
for the future installation of grab bars as required by the FFHA, Title
24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms √
within the covered dwelling unit shall comply.
6. Identify within the site data the finish floor elevation (lowest floor
elevation) that is proposed for the building. Verify that the proposed
elevation is in compliance with regulations of the code by adding
specifications to the site data that address the following issues:
a. The design professional-of-record for the project shall add the
following text to the site data. “The proposed finish floor
elevation ____. __ NGVD is above the highest 100-year base
flood elevation applicable to the building site, as determined by
the SFWMD’s surface water management construction √
development regulations.”
b. From the FIRM map, identify in the site data the title of the flood
zone that the building is located within. Where applicable,
specify the base flood elevation. If there is no base flood
elevation, indicate that on the plans.
c. Identify the floor elevation that the design professional has
established for the building within the footprint of the building
that is shown on the drawings titled site plan, floor plan and
paving/drainage (civil plans).
7. A water-use permit from SFWMD is required for an irrigation
system that utilizes water from a well or body of water as its
source. A copy of the permit shall be submitted at the time of
√
permit application, F.S. 373.216.
8. Pursuant to approval by the City Commission and all other
outside agencies, the plans for this project must be submitted
to the Building Division for review at the time of permit
√
application submittal. The plans must incorporate all the
conditions of approval as listed in the development order and
approved by the City Commission.
9. All areas of the recreation/leasing center shall comply with the
Federal Fair Housing Act.
√
10. The east wall of building #2 and the west wall of building #1
shall be of fire rated construction. The required fire rating shall
be based on the type of construction as classified in Section √
602 of the 2010 Florida Building Code, Building Volume, and
Table 602.
DEPARTMENTS
INCLUDE REJECT
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11. The full address of the project shall be submitted with the
construction documents at the time of permit application
submittal. The addressing plan shall be approved by the United
States Post Office, the City of Boynton Beach Fire Department,
the City’s GIS Division, and the Palm Beach County Emergency
√
911.
a. Palm Beach County Planning, Zoning & Building Division,
2300 N. Jog Road, West Palm Beach, Florida 33411-
2741(Sean McDonald – 561-233-5016)
b. United States Post Office, Boynton Beach (Michelle Bullard
– 561-734-0872)
PARKS & RECREATION
Comments:
12. The impact fee per dwelling for a multi-family (dwellings in buildings
containing 5 or more units) project is $595 per unit. Therefore, the √
impact fee for this project is $109,480 (184 x $595).
PLANNING & ZONING
Comments:
Approval of this project is contingent upon the approval of the
13.
√
accompanying request for rezoning (REZN 14-002).
√
A re-plat of the subject property shall be required prior to
14.
permitting.
The parking deficiency on plans shall require the addition of
15.
√
spaces to address deficiency, a code revision, or a variance to
the current regulations concurrent with or prior to site plan
approval.
16. At time of permitting, revise the Master Plan to label the
drainage area “Shared Retention Pond”.
√
17. The location of the proposed monument sign in the entrance median
is subject to Engineering review (for safe sight distance) and √
approval.
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DEPARTMENTS
INCLUDE REJECT
18. At time of permitting, correct the Master Plan site data to (1)
indicate acreage and square footage breakdown for each land
use in the PUD; (2) correct existing and proposed land use to
Medium Density Residential (MeDR) and maximum density to
√
10; (3) correct proposed building height; and (4) correct Lot
Coverage Calculations to include “square feet” after numbers
and percentage of total as an additional column; and (5) correct
spelling of Building Lot Coverage under Impervious.
19. At time of permitting, revise rear garage elevation (sheet
A2.01G) to include architectural enhancements that do not
replicate garage doors in compliance with the design standards
√
of the Land Development Regulations and for contribution to
project appearance visible from streets and access road.
20. At time of permitting, revise landscape plans to replace sod with
groundcovers or other plants except where used for play areas
or otherwise where residents have access for recreational
purposes. If the areas labeled Active Rec/Sod Areas to the rear
of Buildings 1, 2, 4, and 6 remain sodded, the plans shall be
√
revised to indicate relocation of landscaping to provide
pedestrian accessibility to these areas for all residents of the
development for recreational purposes, and include continuous
walking paths and signage as dog walk areas.
Indicate all existing and proposed utility lines and easements,
21.
√
their purposes and widths, on all plans.
22. The applicant shall coordinate with the property owner of the
adjacent sports field to ensure that their respective site plans indicate
the correct location of the pedestrian gate proposed near Building #8, √
leading to the sports field.
At time of permitting, revise plans to include a detail of
23.
√
perimeter fence with brick columns and gates (man gates,
sliding gates, etc). Indicate height, type, materials, and colors
on each detail.
24. At time of permitting, revise all plans to match the revised parking
layout showing spaces for motorcycles, compact cars, and spaces √
for charging of electric vehicles, dispersed throughout the
development.
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DEPARTMENTS
INCLUDE REJECT
25. At time of permitting, revise site plan to provide the minimum number
of required pedestrian amenities. All bike racks shall be covered,
and to the maximum extent feasible, trash receptacles shall include √
ashtrays and be located near other pedestrian amenities.
26. At time of permitting, revise photometrics plan to include an elevation
drawing of a typical freestanding outdoor lighting pole (indicating
height from grade to top). The typical drawing of the freestanding √
outdoor lighting poles must include the color and materials.
27. At time of permitting, revise photometrics plan to include the following
notes: The design, style, and illumination level shall be compatible
with the building design (height) and shall consider safety, function,
and aesthetic value. A minimum average light level of one (1) foot
candle shall be provided, with no more than 10% of the spot readings √
below one (1) foot candle and none below ½ foot candle. Lighting
shall not be of an intensity that produces glare on adjacent property.
Feature lighting emphasizing plants, trees, barriers, entrances, and
exits is encouraged.
28. At time of permitting, revise plans to ensure that the locations of all
freestanding light poles are consistent on each sheet and that they √
are not too close to landscaping when it becomes mature.
29. At time of permitting, revise site plan and landscape plan to
dimension width of perimeter buffers. √
30. At time of permitting, revise Landscape Details sheet so that plant list
and landscape notes are on right side of page (not legible due to √
stapled set).
31. At time of permitting, revise landscape plan to include the amount of
pervious and impervious area (in square feet and percent of site). √
32. At time of permitting, revise landscape plan plant list to include sod if
sod is proposed. Staff recommends further elimination of any small
sod areas to reduce irrigation demand, substituting hardy √
groundcovers and shrubs in place of sod.
33. At time of permitting, revise landscape plan to note proposed method
of irrigation. An irrigation plan is required to be submitted and √
approved prior to the issuance of a permit for this project.
DEPARTMENTS
INCLUDE REJECT
34. At time of permitting, revise plans to include materials and color of
lettering proposed on monument sign, as well as uplighting detail. √
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35. At time of permitting, revise landscape drawings to show the
calculations to demonstrate compliance with the landscape
requirements for the following specified areas: perimeter of site;
building foundations; vehicular use areas/parking lots (25 sf of √
landscape island area per parking space) and required landscape
island size (225 sf and no dimension less than 15’).
36. At time of permitting, revise landscape plan to provide total trees,
palms, shrubs, groundcovers required and provided. √
37. At time of permitting, revise landscape plan (sheet 1) to correct
corner conflict between sidewalk and landscaping at Miner Road √
pedestrian entrance.
38. At time of permitting, revise plans to indicate all parking spaces
designed for motorcycles, scooters, mopeds, etc. as covered parking √
spaces.
39. At time of permitting, revise plans to indicate a decorative paver
pedestrian crosswalk in front of the trash compactor to provide √
continuous pedestrian connectivity to sidewalks.
40. At time of permitting, revise plans to comply with all the requirements
of Chapter 4, Article V, Section 3.G., Parking Reductions for √
Sustainability (concurrent CDRV 14-002), as adopted.
COMMUNITY REDEVELOPMENT AGENCY
Comments: N/A (Property is not located in the CRA area).
PLANNING & DEVELOPMENT BOARD COMMENTS
Comments: No additional conditions.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: To be determined.
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: High Ridge Landing (MSPM 14-002)
APPLICANT: Ron Roan, High Ridge Housing, LLC
APPLICANT’S ADDRESS: 5604 PGA Blvd., Suite 109, Palm Beach Gardens, FL 33418
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 19, 2014
APPROVAL SOUGHT: Major site plan modification to construct 184 multi-family
apartments and related site improvements on 8.33 acres
zoned PUD.
LOCATION OF PROPERTY: NW corner of High Ridge Rd and Miner Rd
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ THIS MATTER was presented to the City Commission of the City of Boynton Beach,
Florida on the date of hearing stated above. The City Commission having considered the approval sought
by the applicant and heard testimony from the applicant, members of city administrative staff and the
public finds as follows:
1. Application for the approval sought was made by the
Applicant in a manner consistent with the requirements of the
City’s Land Development Regulations.
2. The Applicant
___ HAS
___ HAS NOT
established by substantial competent evidence a basis for the approval requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth
on Exhibit “C” with notation “Included.”
4. The Applicant’s request is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 above.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other: _______________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
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DATED:__________________________ _____________________________________________
City Clerk
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13. A
LEGAL
September 2, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 3, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
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A/P UB
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A NB
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO 14-017- SECOND
EQUESTED CTION BY ITY OMMISSION
READING - PUBLIC HEARING - Approve request to amend Part II, Chapter 14 of the City Code
of Ordinances entitled "Motor Vehicles and Traffic", by creating a new section 14-12 entitled
"Curbstoning", regulating the purchase and sale of motor vehicles from individuals other than a
dealer; providing for codification; providing for conflicts; providing for severability; and providing for
an effective date.
ER:
Curbstoning is a term given to the practice of buying and
XPLANATION OF EQUEST
selling automobiles without a motor vehicle dealer license and legally established place
of business. Curbstoners usually park and display their vehicles for sale in high traffic
locations. Often these locations are on rights of ways, utility or pipeline easements, at
gas stations, convenient stores, supermarket parking lots, public parking lots, etc.
Florida State Statute 319.1951 allows any local government to adopt an ordinance to
regulate curbstoning. Once the ordinance is passed, the local government can begin
towing vehicles in violation of the Curbstoning Ordinance and assess fines.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
The City would no longer have to sticker vehicles in violation or notify the violator by
mail. Vehicles in violation of the Curbstoning Ordinance may be immediately towed.
This would eliminate the notification process and the vehicle in violation would be
immediately removed.
FI:
Each vehicle in violation of the Curbstoning Ordinance will be fined
ISCAL MPACT
$100.00 to be paid directly to the City. Upon receipt of the payment, the City will issue
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an “Authorization to Release Vehicle After Curbstoning Violation” which would be
presented to the tow company for the release of the vehicle.
A:
None recommended.
LTERNATIVES
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ORDINANCE NO. 14-017
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING PART II, CHAPTER 14 OF THE CITY
CODE OF ORDINANCES ENTITLED “MOTOR VEHICLES AND
TRAFFIC”, BY CREATING A NEW SECTION 14-12 ENTITLED
“CURBSTONING”, REGULATING THE PURCHASE AND SALE
OF MOTOR VEHICLES FROM INDIVIDUALS OTHER THAN A
DEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS
from time to time the City’s staff reviews its Code of Ordinances to
determine whether such ordinances may be made more efficient; and
WHEREAS,
the Code Compliance Division has reviewed Part II, Chapter 14 of the
Code of Ordinances and determined that the practice of buying and selling automobiles without a
motor vehicle dealer license and a legally established place of business should be regulated; and
WHEREAS
, upon the recommendation of staff, the City Commission deems it to be in
the best interest of the citizens and residents of the City to amend Part II, Chapter 14 of the
Code of Ordinances such that the practice of buying and selling automobiles without a motor
vehicle dealer license and legally established place of business is regulated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a part of this Ordinance.
Section 2
. Part II, Chapter 14, of the City Code of Ordinances “Motor Vehicles and
Traffic”, is amended to create a new Section 14-12, “Curbstoning”
(a)DEFINITION: Curbstoning is a term given to the practice of buying and selling
automobiles without a motor vehicle dealer license and legally established place of
business. Curbstoners usually park and display their vehicles for sale in high traffic
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locations. Often these locations are on rights of ways, utility or pipeline easements,
at gas stations, convenience stores, supermarket parking lots, public parking lots, etc.
(b)It is unlawful for any person to park a motor vehicle upon a public street or highway,
a public parking lot, or other public property, or upon private property where the
public has the right to travel by motor vehicle, for the principal purpose and intent of
displaying the motor vehicle thereon for sale, hire, or rental unless the sale, hire, or
rental of the motor vehicle is specifically authorized on such property by municipal
regulation and the person is in compliance with all municipal licensing regulations.
(c)As specified by Section 316.1951, Florida Statutes, the provisions of subsection (b)
do not prohibit a person from parking his or her own motor vehicle or his or her other
personal property on any private real property which the person owns or leases or on
private real property which the person does not own or lease, but for which he or she
obtains the permission of the owner, or on the public street immediately adjacent
thereto, for the principal purpose and intent of sale, hire, or rental.
(d)Subsection (b) does not prohibit a licensed motor vehicle dealer from displaying for
sale or offering for sale motor vehicles at locations other than the dealer’s licensed
location if the dealer has been issued a supplemental license for off-premises sales
and has complied with the requirements in subsection (b). A vehicle displayed for
sale by a licensed dealer at any location other than the dealer’s licensed location is
subject to immediate removal without warning.
(e)A law enforcement officer, code compliance officer, or supervisor of the department
may issue a citation and cause to be immediately removed at the owner’s expense
any motor vehicle found in violation of subsections (b), (f), (g), (h), or (i). The owner
shall be assessed a penalty of $100.00 by the City and the motor vehicle will be
immediately removed. A motor vehicle removed under this section shall not be
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released from an impound or towing and storage facility until after the fine has been
paid to the City and a release form has been issued by the City verifying that the fine
has been paid.
(f)It is unlawful to offer a vehicle for sale if the vehicle identification number has been
destroyed, removed, covered, altered, or defaced. A vehicle found in violation of this
subsection is subject to immediate removal without warning.
(g)It is unlawful to knowingly attach to any motor vehicle a registration /tag that was
not assigned or lawfully transferred to the vehicle. A vehicle found in violation of
this subsection is subject to immediate removal without warning.
(h)It is unlawful to display or offer for sale a vehicle that does not have a valid
registration. A vehicle found in violation of this subsection is subject to immediate
removal without warning. This subsection does not apply to vehicles and recreational
vehicles being offered for sale through motor vehicle auctions.
(i)A vehicle is subject to immediate removal without warning if it bears a telephone
number that has been displayed on three or more vehicles offered for sale within a
12-month period.
(j)Any other provision of law to the contrary notwithstanding, a violation of subsection
(b), subsection (f), subsection (g), subsection (h), or subsection (i) shall subject the
owner of such motor vehicle to towing fees reasonably necessitated by removal and
daily storage of the motor vehicle in addition to a fine as set forth in subsection (e).
Such fees and costs are set by the towing, storage, or impound company which
removes the vehicle from the unauthorized location.
(k)The City hereby incorporates Florida Statutes §§316.1951; 320.27(5); 320.01 as if
fully set forth herein. Further, this Section shall automatically incorporate any and all
subsequent amendments to Florida Statutes §§316.1951; 320.27(5); 320.01.
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State Law References: Florida Statutes §§316.1951; 320.27(5); 320.01
Section 3
. City Staff is authorized to take all steps necessary to effectuate the intent
of this ordinance.
Section 4
. It is the intention of the City Commission of the City of Boynton Beach
that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances
of the City of Boynton Beach, Florida. The Sections of this Ordinance may be renumbered, re
lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or
phrase in order to accomplish such intention.
Section 5
. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions
in conflict herewith be and the same are hereby repealed to the extent of such conflict.
Section 6
. If any clause, section, or other part or application of this Ordinance shall
be held by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered as eliminated and so not
affecting the validity of the remaining portions or applications remaining in full force and effect.
Section 7
. This Ordinance shall become effective upon adoption.
th
FIRST READING THIS 19 DAY OF AUGUST, 2014.
SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2014.
CITY OF BOYNTON BEACH, FLORIDA
__________________________________
Mayor – Jerry Taylor
_______________________________
Vice Mayor –Joe Casello
_______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Mack McCray
________________________________
Commissioner – Michael M. Fitzpatrick
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ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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13. B
LEGAL
September 2, 2014
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CMD:
September 3, 2014
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ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 14-018 -
EQUESTED CTION BY ITY OMMISSION
SECOND READING - PUBLIC HEARING - Approve amendments to Code of Ordinances Part
II, Chapter 13 "Licenses", renaming the application review to "Business Use Certificate" and
clarifying inspection process and fees associated with "Certificate of Use and Occupancy."
ER:
All businesses, including home-based businesses and rental
XPLANATION OF EQUEST
property operating in the City of Boynton Beach are required to complete a Business
Use Certificate, formerly known as the Business Tax Receipt application. A Certificate
of Use & Occupancy is required of all commercial and residential property owners who
lease or rent property located in the City. Anyone providing merchandise or services to
the public, even a one-person business, must have a current Business Tax Receipt
from the City and a Business Tax Receipt from Palm Beach County. This applies to:
New businesses
Ownership or address changes to a current business
Renewing existing business licenses
Commercial & Residential for lease or rental properties
The Business Use Certificate review will verify that business operations and residential
rental operations meet zoning and building code criteria, including whether the business
type or residential rental is allowed in a specific district or location. All new businesses
being established for the first time and any changes in property ownership require
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a Certificate of Use and Occupancy property inspection prior to the Business Tax
Receipt being issued.
H?
Renaming of the Business Tax
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Receipt application to Business Use Certificate will help insure that should the State
Legislature or Governor choose at some point in the future, to remove Business Tax,
the City will have an established process for review and inspection of all businesses and
property for lease or rental.
The ordinance provides for cost recovery of staff time and includes inspection fees for
site visits. Leased and rental properties will be re-inspected biennially to assure that
both the site and structures meet code standards.
Properties within the City will begin phased in inspections in January of 2015.
FI:
Approximately $250,000 in annual revenue.
ISCAL MPACT
A:
Do not alter the ordinance.
LTERNATIVES
Adjust fee schedule.
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ORDINANCE 14-_____
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING PART II, CHAPTER 13,
ARTICLE I OF THE CODE OF ORDINANCES ENTITLED “BUSINESS
TAX RECEIPTS AND CERTIFICATES OF USE” TO PROVIDE FOR
THE USE OF SPECIAL MAGISTRATES FOR BUSINESS TAX RECEIPT
APPELLATE MATTERS; TO PROVIDE FOR A DEFINITION OF
SPECIAL MAGISTRATES; TO PROVIDE FOR ANY AMENDMENTS TO
CHAPTER 205, FLORIDA STATUTES; TO PROVIDE FOR VIOLATION
OF THIS CHAPTER MAY BE BROUGHT AS A CODE VIOLATION;
MODIFY WHEN THE DIRECTOR OF DEVELOPMENT SHALL ISSUE
A BUSINESS TAX RECEIPT; TO PROVIDE FOR METHODS OF
ENFORCEMENT; TO PROVIDE FOR WHEN THE DIRECTOR OF
DEVELOPMENT MAY REVOKE, REFUSE OR DENY ANY
CERTIFICATE OF USE OR BUSINESS TAX RECEIPT; TO PROVIDE
FOR ANY SPECIAL MAGISTRATE OF THE CITY TO HEAR APPEALS
OF THE DIRECTOR OF DEVELOPMENT DETERMINATIONS
REGARDING BUSINESS TAX RECEIPTS; PROVIDING FOR
CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS
, the City of Boynton Beach (“City”) has home rule authority pursuant to
Article VII, Section 2 of the Florida Constitution and Chapter 166, Florida Statutes, to provide
for enforcement of violations of the City’s Code of Ordinances and other violations of law
through the use of Special Magistrates; and,
WHEREAS
, Part II, Article V, Section 2-82 of the City’s Code of Ordinances permits
Special Magistrates, designated by the Commission, to hold hearings and assess fines against
violators of the City’s Code; and,
WHEREAS
, the City wishes to modify its Code to expand the use of Special Magistrates
in the enforcement of the City Code; and,
WHEREAS
, the City wishes to provide for when the Director of Development,
otherwise known as the Director of the Development Services Division, must issue a Business
Tax Receipt and when the Director of Development may revoke or refuse to reissue, renew, or
transfer a Business Tax Receipt; and
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WHEREAS
, the City wishes to have the City’s Special Magistrates hear any appeals of
the Director of Development’s determinations pertaining to the issuance, reissuance, transfer, or
revocation of a Business Tax Receipt; and
WHEREAS
, the City wishes to provide for Certificates of Use and Occupancy and
require inspections to ensure that all businesses and rental properties comply with all applicable
City and State application, regulations, codes, licenses, and zoning requirements.
WHEREAS
, the City Commission of the City of Boynton Beach finds it is in the best
interest of the City to adopt an ordinance to provide for these amendments to Part II, Chapter 13,
Article I of the Code of Ordnances Entitled “Business Tax Receipts and Certificates of Use” and
provide for any changes to Chapter 205, Florida Statues, as may be amended from time to time.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA:
Section 1.
The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon adoption
hereof, as if fully set forth herein.
Section 2.
Part II, Chapter 2, Article V of the Code of Ordinances of the City of
Boynton Beach, entitled “BUSINESS TAX RECEIPTS AND CERTIFICATES OF USE” shall
be amended as follows:
AND
ARTICLE I. BUSINESS TAX RECEIPTS AND CERTIFICATE OF USE
OCCUPANCY
Sec. 13-1. Purpose; imposition and levy of tax
The governing body of Boynton Beach hereby establishes the City of Boynton Beach Business
Tax Receipt Code and levies a Business Tax Receipt tax for the privilege of engaging in or
managing any business, profession or occupation within its jurisdiction, pursuant to Chapter 205,
Florida Statutes, as amended from time to time. The Business Tax Receipt tax is levied on:
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(1) Any person who maintains a permanent business location or branch office within the
municipality, for the privilege of engaging in or managing any business within its jurisdiction.
(2) Any person who maintains a permanent business location or branch office within the
municipality, for the privilege of engaging in or managing any profession or occupation within
its jurisdiction.
(3) Any person who does not qualify under subsection (1) or subsection (2) and who
transacts any business or engages in any occupation or profession in interstate commerce, if the
Business Tax is not prohibited by Sec. 8 of Article 1 of the United States Constitution.
(4) Any person applying for or renewing a local business tax receipt for a business
tax to practice any profession regulated by the Florida Department of Business and Professional
Regulation, or any board or commission thereof, must exhibit an active state certificate,
registration, or license, or proof of copy of the same, and a current use and occupancy certificate
for the location associated with the business activity before a local business tax receipt may be
issued.
Sec. 13-2. Definitions.
For the purpose of this chapter, the following words shall have the meaning ascribed to them in
this section, unless the context requires otherwise:
…
As used in this article:
. . .
Certificate of Use and Occupancy.
An review and inspection method by which the city
documents the existing conditions of a property; identifies any non- conformities to be
addressed by occupant/owner; establishes current land use and zoning; and grants
approval to occupy a given location for specified uses.
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Local Responsible Party
. The property owner of any property being offered for rent or
rented shall be the Local Responsible Party. The property owner may designate a
licensed property management company or other individual to act on the property
owner’s behalf, but the property owner shall remain responsible for the actions or
omissions of its designee. The local responsible party, if an individual shall reside in
Miami-Dade, Broward, Palm Beach, Martin or Indian River County.
Special Magistrate
. Special Magistrate shall mean any of the City’s Special Magistrates
appointed by the City Commission to conduct hearings pursuant to the City Code and
Florida Statutes. Except for Board voting requirements, any reference in the City’s Code
to “Code Enforcement Board” shall include Special Magistrate(s).
Sec. 13-3. Conflict with statute.
The regulation of Business Tax Receipts shall be administered in accordance with this chapter
and with Chapter 205.013-205.1973, Florida Statutes, as amended from time to time. In the event
of any conflict between this Business Tax Receipt Code and Florida Statutes, TITLE XIV.
TAXATION AND FINANCE, Chapter 205 “Local Business Taxes,” including future
amendments, the provisions of Chapter 205 shall control.
Sec. 13-4. Classification and Fee Schedule.
…
Furthermore, no Business Tax Receipt shall be required for coin-operated machines where the
vending machines are owned and operated by charitable or benevolent nonprofit organizations
and where the entire proceeds of such machines are used solely for recognized charitable or
benevolent purposes. No Business Tax Receipt shall be required for the operation of any
machines where such machines are owned by a person who is otherwise issued a Certificate of
Use and Occupancy by the city, and such machines are located and operated at the owner's
regular place of business.
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…
Business Tax Receipts Procedure:
Every rental unit used for residential living purposes in the city must have a Certificate of
Use of Occupancy and unless otherwise exempt, must be issued a Business Tax Receipt. This
includes rental property four units or less, including single family residential rentals,
condominiums, and mobile homes.
…
Whenever a rental property is sold or otherwise changes ownership, the new owner must do the
following:
(1) Apply for a new Certificate of use Use and Occupancy and rental Business Tax Receipt;
…
NOTE: Fees may change from time to time by Ordinance of the City Commission. The
application for Certificate of Use and Occupancy and information forms for rental Business Tax
Receipts are available on line at the city's website and at the Development Services Division of
City Hall, 100 East Boynton Beach Boulevard. It should be noted that post office boxes are not
acceptable addresses for mailing purposes, and actual street addresses are required on the
application.
Designation of resident agent: No Certificate of Use and Occupancy and Business Tax
Receipt shall be issued by the city for a rental dwelling located on a rental premises unless the
applicant therefor designates in writing to the city the name, address, and local telephone number
of the owner or resident agent to receive service of notice of violation of this Code. The owner
may designate as his or her resident agent any natural person eighteen (18) years of age or older
who is customarily present at a business location within the city for the purposes of transacting
business, or who actually resides within the city. An owner may change his or her designation of
a resident by notifying the city in writing of the name, address, and local telephone number of
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the person designated by the owner to replace the previous resident agent. Any notice of
violation or legal process which has been delivered or served upon the previous resident agent
prior to the receipt of the city of notice of change of the resident agent shall be deemed effective
service. It shall be the sole responsibility of the owner to appoint a reliable resident agent and to
inform the resident agent of his correct mailing address. Failure to do so shall be no defense to a
violation of this Code. No owner shall designate as a resident agent any person who does not
expressly comply with the provisions of this section.
…
A floor plan showing square footage of building, indicate portion to be allotted for this use and
seating chart if applicable, plus a site plan to show the off-street parking, shall be submitted for
review with the Certificate of Use and Occupancy application and filing fee.
Sec. 13-5. Provision for unlisted businesses or occupations.
All businesses must obtain a Certificate of Use and Occupancy prior to operating within the
city. The city may hereinafter classify and issue Business Tax Receipts for businesses or
occupations not specifically listed herein. The city shall establish a classification for new
businesses or occupations in accordance with the United States Standard Industrial Classification
of Establishments (SIC). The Business Tax Receipt tax established by the city for any business
not specifically listed herein shall be commensurate with the rate structure and classifications set
forth in Sec. 13-4, and shall be established by resolution of the City Commission following
application but prior to issuance of a Business Tax Receipt for the unclassified business.
Sec. 13-6 Administrative remedy to challenge classification or fee.
(a) Any person may protest the classification or fee applicable to that person provided:
(1) The person has made and filed an application for the issuance of a Certificate of Use and
Occupancy and a Business Tax Receipt in accordance with the procedures set forth herein, and
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(2) The person has paid the application fee, inspection fee or re-inspection fee, when
applicable, and
(3) The person has received a Certificate of Use and Occupancy and paid the Business Tax
Receipt fee requested by the city, and
(4) The Business Tax Receipt has been issued.
Sec. 13-7. Application and reapplication fees for Certificate of Use and Occupancy,
inspections, and Business Tax Receipt; required for use of any property for commercial or
industrial purposes or for residential dwelling rental.
(a)Prior to the issuance of a Business Tax Receipt, a person shall file an application for
Certificate of Use and Occupancy with the city. The application shall be on a form
prescribed by the city, and shall be filed together with such other documentation as
hereinafter set or as required by state law. The Business Tax Receipt portion of the form
shall require disclosure of the Federal Identification Number or Social Security number of
the person to be licensed.
(b) Each new application for a Certificate of Use and Occupancy shall be accompanied by an
application filing fee set by the City Commission by resolution, which shall cover the
Certificate of Use and Occupancy review to be undertaken by city zoning, and building
division staff. Should additional Iinspections for environmental, Utilities, Code, Fire, or and
other departments, shall be determined by the necessary due to the proposed use, the applicant
shall pay for such inspections at a rate of twenty-five dollars per hour ($25.00/hour) per
discipline set by the City Commission by resolution, not exceeding a total of two hundred
dollars ($200.00). In the event an application is denied due to failed inspections, the application
may, upon payment of a re-inspection fee of ten dollars ($10.00) per re-inspection, be
reconsidered. set by the City Commission by resolution,, be reconsidered.
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th,
(c) Certificate of Use and Occupancy is renewable each year expiring on September 30
with an annual renewal fee set by the City Commission by resolution.
(d) It shall be unlawful and a violation of the city code for any person or entity, either directly or
indirectly, to conduct or enter into a business, profession, or occupation, including the rental
of real property, within the city without first obtaining a Certificate of Use and Occupancy
and being issued a local business tax receipt by the city.
(e) If the real property that is to be used for the operation of a business is subject to unpaid city
fines, fees or code violation liens the city shall not issue a Certificate of Use and Occupancy
or conduct a use and occupancy inspection until such time as all liens, fines or fees on the
property are fully paid, including interest due and any assessable costs and until all code
violations are brought into compliance.
(f) Local Responsible Party Required.
(1) Whenever any property is required to have a Certificate Use and Occupancy under this
article, the owner shall designate in writing, on a form provided by the city, a local
responsible party for contact by city officials relating to the property. The owner shall
also provide a valid address and phone number for the local responsible party.
(2) The Local Responsible Party under this section must reside within Miami-Dade,
Broward, Palm Beach, Martin or Indian River County. Any owner who resides outside
of Florida either at the time of applying for a Certificate Use and Occupancy or after
having secured such certificate, shall designate a Local Responsible Party that complies
with the City Code.
(3) A local responsible party shall have the authority to adequately and timely respond to
any code compliance issues that may arise on the subject property and shall be
responsible for the care, custody, control and compliance of the rental property. The
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Local Responsible Party may apply for a Certificate Use and Occupancy, Business Tax
Receipt, and inspections on behalf of the owner.
(4) An owner shall notify the Director of Development in writing of any change in the
designation of the Local Responsible Party within ten (10) business days of such
change.
(5) Failure to designate or engage a local responsible party meeting the requirements of this
section shall be a violation of the City Code publishable under Chapter 2, Article V of
this Code.
(g) It is unlawful for a property owner to allow by lease, license, grant or other written or oral
agreement, the use of any real property for the operation of a business without a valid and
current Certificate Use and Occupancy including required inspection and Local Business
Tax Receipt. Violation of this section is violation of the City Code publishable under
Chapter 2, Article V of this Code.
(h) Only one (1) Certificate Use and Occupancy shall be issued for each parcel of real property
as described by the Palm Beach County Property Appraiser's Office through the provision of
a property control number. Certificate Use and Occupancy is not transferable.
(i) All Certificate Use and Occupancy applications are subject to inspection of the real property
being used for the operation of the business by the city. The Certificate Use and Occupancy
inspection charges shall be set by resolution of the city commission. If the owner of a
dwelling does not reside at the dwelling, and the dwelling is occupied by anyone, including
a relative of the owner of the dwelling, there is a presumption that the dwelling is being
rented and must have a Certificate Use and Occupancy and a business tax receipt. This
presumption may be rebutted by the owner of the dwelling applying for an exemption from
the Certificate Use and Occupancy and business tax receipt. The exemption application shall
include an affidavit of the owner that all persons residing at the dwelling are relatives of the
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owner and that these relatives pay no rent or other consideration for the privilege of living at
the dwelling and that the relatives provide no maintenance or other services in return for the
right to live at the dwelling. The application fee for the exemption application shall be set by
resolution of the city commission and must be obtained every year.
Sec. 13-8. Declaration required where fee depends on variable factors within the
applicant's knowledge.
Whenever the Certificate of Use and Occupancy or Business Tax Receipt depends upon
variable factors, the applicant shall be required by the city to execute an affidavit containing
information upon which the Business Tax Receipt fee is calculated. The affidavit shall be
completed, executed and returned to the city as a condition precedent to the issuance of a
Certificate of Use and Occupancy or Business Tax Receipt or, on request by the city, to the
reissuance of an existing Business Tax Receipt. Failure to accurately disclose variable factors
shall constitute grounds for the denial of an application or the revocation of an issued Certificate
of Use and Occupancy and Business Tax Receipt.
Sec. 13-9. Issuance of Certificate of Use and Occupancy and Business Tax Receipt
(a) Upon receipt of a Certificate of Use and payment of the required Business Tax Receipt fee,
the The Director of Development will shall issue the Business Tax Receipt or Certificate of Use
and Occupancy, only if:
1. The Director of Development determines the proposed business and location
complies with all City zoning codes and ordinances, in additional to all other
applicable local, County, State, or Federal ordinances, codes, statutes, or other
applicable regulation; and,
2.Proof of occupational or professional certification or licensure is provided when
such certifications or licenses are required under state law.
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(b) The mistaken issuance of Certificate of Use and Occupancy or Business Tax Receipt shall
not be deemed to be a waiver of any provision of the City Code nor shall the issuance of a
Certificate of Use and Occupancy or Business Tax Receipt be construed to be a judgment of the
city as to the competence of the applicant to transact business.
(c) No Certificate of Use or Business Tax Receipt shall be issued unless it is found that the
proposed business and location comply with all city zoning codes and other applicable city
ordinances.
(d) No Certificate of Use or Business Tax Receipt shall be issued for an occupation where
certification is required under state law unless proof of said certification is provided.
Sec. 13-10. Due dates.
Business Tax Receipts and Certificates of Use and Occupancy shall be sold by the city
beginning August 1st of each year and are due and payable on or before September 30th of each
year and expire on September 30th of the succeeding year; upon transfer to a new owner; or
following approval of a Business Tax Receipts and Certificate of Use of Occupancy applications
for a new or relocating business.
Sec. 13-11. Delinquency penalty.
Business Tax Receipts that are not renewed when due and payable are delinquent and subject
to a delinquency penalty of ten percent (10%) for the month of October, plus an additional five
percent (5%) penalty for each subsequent month of delinquency until paid, provided the total
delinquency penalty may not exceed twenty-five percent (25%) of the Business Tax Receipt tax
for the delinquent establishment.
(a) All Certificates of Use and Occupancy and local business tax receipts issued hereunder may
be renewed without penalty no later than September 30 by application for the Certificates of
Use and Occupancy and local business tax receipt holder. Certificates of Use and
Occupancy not renewed by September 30 shall be considered delinquent and subject,
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respectively, to a delinquency penalty of ten (10) percent of the full year use and occupancy
certificate and local business tax receipt fee for the month of October, plus an additional five
(5) percent penalty for each month of the delinquency thereafter until paid. The total
delinquency penalty shall never exceed twenty-five (25) percent of the full year local
business tax receipt fee for the applicant.
(b) For the required Certificates of Use and Occupancy inspection, should a property owner fail
to accommodate the city's scheduled appointment on two (2) occasions, the owner or Local
Responsible Party shall submit a re-application for an inspection.
Sec. 13-12. Transfer of a Business Tax Receipt.
(a) Transfer to new owner. Business Tax Receipts may be transferred to a new owner when
there is a bona fide sale and transfer of the business and property used in the business. A
transferred Business Tax Receipt shall be valid for the same time period and at the same location
for which it was originally issued. The original Business Tax Receipt shall be surrendered at the
time application for transfer is made. A transferred Business Tax Receipt, after being approved,
shall be of the same force and effect as the original Business Tax Receipt. A person applying for
such transfer shall pay to the city a transfer fee of ten percent of the annual license tax, but not
less than three dollars ($3.00) nor more than twenty-five dollars ($25.00) and shall present
evidence of the sale or transfer of the business. A Certificate of Use and Occupancy shall be
required when originally approved equipment is removed or altered, or alterations to floor plan
or other building systems occurs. Certificate of Use and Occupancy is not transferable.
(b) Transfer to new location. Business tax receipts may be transferred from one location to
another, subject to receipt of a Certificate of Use and Occupancy, provided no change of
ownership has occurred and the business classification in which the Business Tax Receipt was
originally issued remains unchanged. A transferred Business Tax Receipt shall be valid for the
same time period for which it was originally issued at the new location. The original Business
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Tax Receipt shall be surrendered at the time application for transfer is made. A transferred
Business Tax Receipt, following receipt of a Certificate of Use and Occupancy, shall be of the
same force and effect as the original Business Tax Receipt. A person applying for such transfer
shall pay to the city the Business Tax Receipt Certificate of Use application filing and inspection
fees as listed in Sec. 13-7 and a transfer fee of ten percent of the annual license tax, but not less
than three dollars ($3.00) nor more than twenty-five ($25.00) dollars.
Sec. 13-15. Doing business not covered by Business Tax Receipt; Certificate of Use or Business
Tax Receipt obtained by false statements void ab initio.
No Certificate of Use and Occupancy or Business Tax Receipt issued under the provisions of
this chapter shall protect any person from prosecution for transacting any business, trade or
profession not covered by the Certificate of Use and Occupancy or Business Tax Receipt, or
protect any person doing business with a Business Tax Receipt issued upon any false statement
of variable factors. Certificate of Use and Occupancy or Business Tax Receipts that are issued
based on false statements shall be considered as void ab initio and shall not protect the holder
thereof from prosecution for transacting business without a Certificate of Use and Occupancy or
Business Tax Receipt. Falsification of information can constitute grounds for revocation of the
Certificate of Use and Occupancy and Business Tax Receipt, for and the City may impose a fine
not exceeding five hundred dollars ($500.00), or imprisonment not exceeding sixty (60) days.
Sec. 13-16. Engaging in business without a Business Tax Receipt; penalties; prima facie
evidence.
(a) It shall be unlawful for any person to engage in any business, profession, or occupation
taxable by business tax receipt hereunder without first obtaining a Business Tax Receipt. Any
person engaged in such business, profession or occupation without the required Certificate of
Use and Business Tax Receipt shall pay a penalty of twenty-five percent (25%) of the full year
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Business Tax Receipt fee for such trade, in addition to the Business Tax Receipt fee set forth
herein.
(b) In addition, a person operating in violation of this chapter shall be subject to a fine of up
to five hundred dollars ($500.00) a day and/or sixty (60) days in jail for each day business is
operated in violation of this chapter.
(c) In any original prosecution under this section, the fact that such person is open for
business, shall be prima facie evidence of engaging in such trade, business, profession or
occupation, and the burden shall be upon the defendant to rebut same.
(a) It shall be unlawful for any person to engage in any business, profession or occupation
required to be certificated and receipted hereunder without a = and required inspection and
local business tax receipt or under a Certificate of Use and Occupancy and required
inspection and local business tax receipt, conducted and issued upon false statements made
by such person, or in his behalf. Any person engaged in any such business, profession or
occupation without first obtaining a Certificate of Use and Occupancy and required
inspection and local business tax receipt, if required herein, shall pay a penalty of twenty-
five (25) percent of the full year certificate and receipt year for such a trade, in addition to
obtaining a Certificate of Use and Occupancy fees and business tax fee set forth herein.
Such person may also be charged with a criminal penalty as provided in section 1-6 of the
Code of Ordinances.
(b) Any person, corporation or partnership which owns real property in the city and which by
lease, license, grant or other written or oral arrangement permits any person to operate a
business without a valid and current Certificate of Use and Occupancy and local business
tax receipt shall be subject to a fine of five hundred dollars ($500.00) per day and or sixty
(60) days in jail for each day that the business operates on the property without a valid and
current Certificate of Use and Occupancy and local business tax receipt.
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(c) Any person who engages in any business occupation or profession covered by this chapter,
who does not pay the required business tax within one hundred and fifty (150) days after the
initial notice of tax due, and who does not obtain the required business tax receipt is subject
to civil actions and penalties, including court costs, reasonable attorneys' fees, additional
administrative costs incurred as a result of collection efforts, and a penalty of two hundred
fifty dollars ($250.00).
(d) Any person, corporation or partnership who engages in any business occupation or
profession covered by this chapter, who does not pay the required Certificate of Use and
Occupancy fee within one hundred and fifty (150) days after the initial notice of fee due, and
who does not obtain the required Certificate of Use and Occupancy, shall be subject to a fine
of two hundred fifty dollars ($250.00) per day for each day that the business operates on the
property without a valid and current Certificate of Use and Occupancy and required
inspection beginning on the 151st day.
Sec. 13-17. Methods of enforcement: injunction; code enforcement.
(a)The specific penalties and enforcement mechanisms contained within this article are not
exclusive remedies and shall not be construed as prohibiting the city from seeking other
fines and other remedies authorized by city, state, or common law, either exclusively or
simultaneously..
(b)Any person subject to and who fails to secure a Certificate of Use and Occupancy and
Business Tax Receipt required by this chapter or any other ordinance of the city or law of
the State of Florida, shall upon petition by the city be enjoined by the circuit court from
engaging in the business in which he has failed to secure said Certificate of Use and
Occupancy and Business Tax Receipt, until such time as he shall secure same, including
all costs of such action.
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(c)The City may bring any violation of this Chapter as a City Code violation pursuant to
Section 2-91, of the City Code to the Code Enforcement Board or Special Magistrate.
Sec. 13-18. Right to deny issuance, renewal, transfer, revocation; right of appeal.
(a) The city may revoke or refuse to issue, reissue, renew, or transfer any Certificate of Use
and Occupancy or Business Tax Receipt provided for in this chapter when due to:
(1)Issuance will result in the violation of Any violation of applicable city, county, or other
local, state, or federal law or regulation or state law, or
(2)The Director of Development, determines the subject business and location does not
comply with applicable city zoning codes and ordinances, or is in violation of applicable
provisions of any local, County, or State or Federal regulations, ordinances, law, or
statute.
(3)The Director of Development determines that proof of occupational or professional
certification or licensure is required under applicable law and inadequate documentation
was provided or that the applicable certification or licensure has been revoked,
suspended, terminated, or otherwise discontinued, either temporally or permanently, by
the applicable regulating authority.
(4) (2) When the City's Code Enforcement Board or Special Magistrate has issued an
order finding a code violation and the violation has not been corrected compliance, as
determined by applicable City staff, has not been achieved, or
(5)(3) When the City's Code Enforcement Board or Special Magistrate has issued an order
imposing a fine and the fine remains unpaid.
(b) In the case of refusal to issue, reissue or transfer any Certificate of Use Business Use or
Business Tax Receipt on one of the foregoing grounds, the city shall notify the business
applicant or Business Tax Receipt holder in writing the basis for such refusal to issue, reissue or
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transfer a Certificate of Use or Business Tax Receipt with specific reference to the provisions of
the City Code or Code Board Order which the city asserts constitutes grounds for denial.
(c) The city shall have the right and authority to revoke, with provide fifteen (15) days written
notice upon the revocation of , any Certificate of Use and Occupancy or Business Tax Receipt
granted under this chapter and issued to any person., whenever it is made to appear that the
business method or operation or work being conducted or carried on by the business constitutes
the violation of any applicable city, county, or state law. any violation of applicable city, county,
or other local, state, or federal law or regulation
(d) An applicant who is denied issuance, reissuance or transfer of a Certificate of Use and
Occupancy or Business Tax Receipt or whose Certificate of Use and Occupancy or Business Tax
Receipt has been revoked may, within ten (10) calendar days of the denial or revocation, file a
written appeal of the denial or revocation to the City’s Special Magistrate Building Board of
Adjustment. The Notice of Appeal shall be filed with the City Clerk.
(e) The Board city shall meet within thirty (30) days and shall schedule conduct a quasi-
judicial evidentiary hearing within thirty (30) days of the filing of the Notice of Appeal with the
City Special Magistrate. The hearing must be conducted no later than forth-five (45) days, from
the filing of the Notice to Appeal. The initial burden of proof shall be on the City to establish that
the refusal or denial to issue, reissue or transfer a Certificate of Use and Occupancy or Business
Tax Receipt is based on the grounds as set forth in division (a) above. The burden then shifts to
the applicant to prove that the applicant is exempt from application of the City, County, Federal
or State law, that the Code violation has been corrected, or that the Code Board fine has been
paid. The Board shall issue a final order with findings of fact.
(f) The decision of the Building Board of Adjustment Special Magistrate shall be final as of
the date of the order and shall only be subject to review by writ of certiorari to Palm Beach
County Circuit Court.
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(g) A Notice of Appeal stays the denial or revocation of the license until the appeal process is
completed, unless enjoined by the circuit court from engaging in the business in which he has
failed to secure said Certificate of Use and Occupancy and Business Tax Receipt.
(h) When denial of the issuance or reissuance of a license is based on division (a)(3) above,
the Notice of Appeal shall be accompanied by payment of the outstanding Code violation fine.
Sec. 13-25. Businesses that handle hazardous materials or waste.
All businesses which would be located within the city shall state, as part of the Certificate of
Use and Occupancy application, whether the business would use, handle, store, generate, or
display hazardous materials, hazardous waste, or a toxic substance, as the same are defined by 40
Code of Federal Regulations, Part 261, or the Florida Substance List as set forth in Rule 4A-
62.004, Florida Administrative Code, in which case a City Fire Department Hazardous Material
Disclosure Form shall be required in accordance with Part II, Section 9-71 of this code.
13-28 Certificate of Use and Occupancy and inspections
(a)Purpose. The operation of businesses within the city without the safeguards associated
with the filing of an application for a use and occupancy certificate and inspection constitutes a
danger to the health, safety and welfare of the community. The city commission has determined
that more effective enforcement procedures are necessary to prevent the operation of a business
in the city without first obtaining a use and occupancy certificate and inspection and a local
business tax receipt or paying a local business tax. Owners of real property who permit
businesses to operate from their property without verification of a valid and current use and
occupancy certificate and inspection and local business tax receipt contribute to the proliferation
of illegal business. An increase in the penalty for operating a business without obtaining a use
and occupancy certificate and inspection and a local business tax receipt or without paying a
local business tax will have a greater deterrent effect on businesses operating illegally within the
city. This enforcement procedure was adopted to maximize the city's ability to enforce the city's
437 of 530
prohibition against conducting a business without proper application for a use and occupancy
certificate and inspection and a local business tax receipt and to encourage swift compliance with
these requirements.
(b)Use and occupancy certificates must be obtained by the Local Responsible Party prior to:
(1)A dwelling unit being rented for residential purposes;
(2)A building or portion thereof of a commercial or industrial space being
occupied by either a new owner or business tenant; and
(3)Any other parcel of land being used by an owner or business tenant for
commercial or industrial purposes.
(b) Use and occupancy of a property with inspection is the method by which the city
documents the existing conditions of a property and any non-conformities, establishes
the current land use and zoning, and grants approval to occupy at a given location for
specified uses.
(c) All property owners of either commercial or industrial space must apply for a
Certificate of Use and Occupancy on an annual basis and the properties will be
inspected on an annual basis.
(d) All property owners of residential space to be rented as a dwelling unit must apply for a
Certificate of Use and Occupancy and must schedule an inspection for the properties to
be rented. Inspections of residential rental dwelling units shall occur on a biennial
(every other year) basis at a minimum.
Section 3.
The City Administration, including without limitation the City Manager,
the Finance Department, the Police Department, Code Enforcement, and the City Attorney, are
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authorized to take all steps necessary to retain Special Magistrates for the purposes established
by this ordinance.
Section 4.
Severability. If any section, sentence, clause, or phrase of this Ordinance is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions of this Ordinance.
Section 5.
Inclusion in Code. It is the intention of the City Commission of the City of
Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part
of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be
renumbered or relettered and the word "ordinance" may be changed to "section," "article," or
such other appropriate word or phrase in order to accomplish such intentions.
Section 6.
Effective Date. This Ordinance shall become effective on the date of second
reading set forth below. All changes, additions, and implementation of any rate or fee shall take
effect on January 1, 2015.
FIRST READING this ____ day of _______________, 2014.
SECOND, FINAL READING AND PASSAGE this _____ day of ____________, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David Merker
______________________________
Commissioner – Mack McCray
_______________________________
Commissioner – Michael Fitzpatrick
ATTEST:
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___________________________
Janet M. Prainito, MMC
City Clerk
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13. C
LEGAL
September 2, 2014
COBB
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September 3, 2014
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ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 14-019 -
EQUESTED CTION BY ITY OMMISSION
SECOND READING - PUBLIC HEARING - Amending Article IV, Chapter 18 of the Boynton
Beach Code of Ordinances entitled Pensions for Firefighters.
ER:
The Board of Trustees of the Firefighters Pension Trust
XPLANATION OF EQUEST
Fund is recommending that the City Commission approve an amendment to the Fire
Pension to extend the terms of office for the five member Board of Trustees.
The proposed ordinance amends Section 18-179 of the City Code to extend Pension
Trustee terms of Office from two (2) to four (4) years, as permitted by Section 175.051,
Florida Statutes. The amendment applies equally to all five (5) current Pension
Trustees, whether appointed by the City or elected by the firefighter membership.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
By extending the terms of office for Pension Trustees, the goal is to take full advantage
of the institutional knowledge and training of the Pension Board.
The Law governing Firefighter Pension Plans, Chapter 175, Florida Statues, was
amended by the Florida Legislature in 2009 to permit, but not require, four year terms of
office for pension trustees. In 2010, the terms of office for the Boynton Beach Police
Pension Board were extended by Ordinance 10-005. The proposed Fire Pension
Ordinance would similarly provide for 4 year terms of office for Fire Pension Trustees.
The new terms of office would apply equally to all five Trustees (the 2 city appointees,
th
the 2 firefighters elected to the board, and the 5 “at large” trustee).
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FI:
In the opinion of the Pension Plan’s actuary, the amendment will have
ISCAL MPACT
no actuarial impact on the Pension Plan.
A:
In the opinion of the Pension Plan’s actuary, the amendment will have
LTERNATIVES
no actuarial impact on the Pension Plan.
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ORDINANCE NO. 14-019
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE
CITY OF BOYNTON BEACH FIREFIGHTERS PENSION
TRUST FUND; AMENDING SECTION 18-179 EXTENDING
THE TERMS OF OFFICE FOR TRUSTEES FROM 2 TO 4
YEARS; PROVIDING FOR CODIFICATION,
SEVERABILITY, A REPEALER; AND AN EFFECTIVE
DATE.
WHEREAS
, the Florida legislature amended Chapter 175, Florida Statutes, authorizing
municipalities to pass an ordinance extending the terms of office for trustees on Chapter 175
pension boards from two to four years;
WHEREAS
, the Board of Trustees of the City of Boynton Beach Municipal Firefighters
Pension Trust Fund has recommended the extension of trustee terms of office from two to four
years, and that this ordinance be approved;
WHEREAS
, the City Commission of the City of Boynton Beach concurs with the
assessment of the Boards of Trustees that the adoption of this amendment is in the best interests
of the citizens and taxpayers of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2: Section 18-179 of the Boynton Beach City Code is hereby amended to read as
follows:
Sec. 18-179. Application of Chapter 175; Trustee Terms of Office.
All other provisions of F.S. Chapter 175 shall meet all the requirements and be fully
applicable, except for the provisions of this article, to the City of Boynton Beach
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Municipal Firefighters Pension Trust Fund. The increased pension benefits in the same
percentage of increase as provided for by this article shall apply to all firefighters now
receiving retirement benefits and all firefighters eligible for retirement benefits but not
now retired, under the provisions of the City of Boynton Beach Municipal Firefighters
Pension Trust Fund, F.S. Chapter 175. A retiree receiving a joint and survivor form of
benefit shall be permitted to change his or her beneficiary, as provided in F.S. §§ 175.171
and 175.333. The Board of Trustees shall be governed by Section 175.061, Florida
Statutes. Each Trustee shall have a term of four (4) years, but may succeed himself or
herself in office, and shall holdover until replaced. All Trustees serving as of January 1,
2014 shall have their current term extended for a two (2) year period.
Section 3: It is the intention of the City Commission, and it is hereby ordained that the
provisions of this Ordinance shall become and be made a part of the Code of the
City of Boynton Beach, that the sections of the Ordinance may be renumbered or
re-lettered to accomplish such intentions; and that the word “Ordinanceshall be
@
changed to “Sectionor other appropriate word.
@
Section 4: If any clause, section, or other part or application of this Ordinance shall be held
in any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered as eliminated
and shall not affect the validity of the remaining portions or applications which
shall remain in full force and effect.
Section 5: All ordinances or parts of ordinances, resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 6: This Ordinance shall become effective immediately upon adoption, unless
otherwise provided.
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th
FIRST READING this 19 day of August, 2014.
SECOND, FINAL READING AND PASSAGE this _____ day of ________, 2014.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Joe Casello
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Mack McCray
_______________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
Coding: Words in strikeout type are deletions from existing text.
Words in underline type are additions.
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13. D
LEGAL
September 2, 2014
COBB
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September 3, 2014
OMMISSION EETING ATE
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ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 14-020 -
EQUESTED CTION BY ITY OMMISSION
SECOND READING - PUBLIC HEARING - Approve amendment to the Land Development
Regulations, Chapter 4, Article 5, Sections 3, 4 and 5 inserting Flexible Parking Provisions
Promoting Smart Growth (CDRV 14-002) through the addition of reduced parking ratios and
eligibility criteria for projects justifying lower parking needs and accommodating, in part, fuel
efficient vehicles, EV charging stations, incentives for use of mass transit and ride sharing.
Applicant: City-initiated. (TABLED -- TO BE HEARD ON 9/16/14)
ER:
The proposed amendments represents one component in a
XPLANATION OF EQUEST
series of changes to the City’s parking requirements intended to directly support Smart
Growth initiatives. The staff report elaborates on the background of Smart Growth and
it’s connection to parking requirements and development review; however, to
summarize, the subject amendments are based on the premise that parking
requirements should be tailored based on the specific needs of a given development,
which may vary by factors other than a general zoning use category. In addition, it
represents a change from traditional thinking that parking standards should be based on
maximum possible peak demand. The intended purpose is to minimize impervious site
surfaces, maximize green/pervious areas, and incentivize sustainable or smart growth
operations.
More specifically, the proposed amendments allow certain uses to justify a reduced
parking ratio by independent professional parking analysis, and in turn, ensure a more
efficiently designed site that accommodates electric and compact vehicles, and other
energy efficient modes of transportation such as bicycles, motorcycles and scooters. It
also requires promotion of car-pooling and use of mass transit.
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A second aspect of the proposed regulations is the amendment to provisions that
currently allow the minimum number of required off-street parking spaces for a given
project to be satisfied, in part, by including those on-street spaces that immediately abut
the frontage of the project. The only areas of the City that are currently eligible for this
provision include the CBD, the Mixed Use High Zoning Districts, and properties within
the Ocean District Community Redevelopment Plan. Staff proposes that the provisions
be expanded to be applicable throughout the Community Redevelopment Area.
Lastly, the Planning & Development Board forwards the item with a recommendation for
approval, but also recommends that the calculation of required handicap accessible
spaces remain unaffected by the proposed parking reduction provisions. This
recommendation has been accommodated by wording added to the first paragraph
under “Section 3. Special Reductions in Required Off-Street Parking” (see Exhibit “A”),
that requires the calculation of accessible parking spaces be pursuant to the base
parking requirements and not the reduced parking provisions. Staff supports this
recommendation given that the justification for reducing total parking space
requirements – smart growth design and operation, would not necessarily reduce the
anticipated need for accessible parking spaces for a given project. A cross-reference to
this requirement is also proposed to Section 5. B. Handicap Accessible Off-Street
Parking.
H?
The proposed amendments
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
promote smart growth design and operation which furthers the City’s Climate Action
Plan and other green initiatives.
FI:
N/A
ISCAL MPACT
A:
None recommended
LTERNATIVES
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ORDINANCE 14-020
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA AMENDING PART III, LAND
DEVELOPMENT REGULATIONS, CHAPTER 4, ARTICLE V, “MINIMUM
OFF-STREET PARKING REQUIREMENTS”, SECTION 3, 4 AND 5,
INSERTING FLEXIBLE PARKING PROVISIONS PROMOTING SMART
GROWTH; PROVIDING FOR CONFLICT, SEVERABILITY, INCLUSION;
AND EFFECTIVE DATE.
WHEREAS,
the purpose of this amendment is to insert Flexible Parking Provisions
Promoting Smart Growth into the Land Development Regulations through the addition of
reduced parking ratios and eligibility criteria for projects justifying lower parking needs and
accommodating, in part, fuel efficient vehicles, EV charging stations, incentives for use of mass
transit and ride sharing; and
WHEREAS,
staff recommends the adoption of the amendments to the Land
Development Regulations Chapter 4, Article V, Sections 3, 4 and 5, inserting flexible parking
provisions promoting smart growth design and operation which furthers the City’s Climate
Action Plan and other green initiatives.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby
ratified and confirmed by the City Commission.
Section 2. That Part III, "Land Development Regulations", of the City of Boynton
Beach Article II, Chapter 4, Article V, Minimum Off-Street Parking Requirements, Section 3, 4
and 5 are hereby amended as follows:
Chapter 4. Article V. Minimum Off-Street Parking Requirements
Section 3.Special Reductions in Required Off-Street Parking.
The following provisions to reduce the number of required off-street parking spaces shall be
utilized individually and not in conjunction with each other or with any other provision to reduce
parking within this article. NOTE: Calculation of needed handicap accessible off-street parking
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spaces shall be pursuant to the base parking requirements and not based on the reduced parking
requirements described by this section for which a project may be eligible (also see below the
section on Handicap accessible Off-Street Parking).
B. Handicap Accessible Off-Street Parking.
.
G. Parking reductions for sustainability.
To promote or recognize sustainable design or
operation, including increased pervious area, reduced parking fields, promotion of mass transit
and uses of renewable energy sources, lower parking requirements will be granted to eligible
developments as follows:
Use Minimum Number of Required Parking Spaces
Building area is based on gross floor area unless specifically expressed otherwise.
Efficiency or one (1)-bedroom apartment 1.33
Two (2) or more bedroom apartment 1.66
Shopping Center 1 per 250
Office – Retail Complex 1 per 250
Grocery Store 1 per 250
(Reserved) (Reserved)
1.Applicability. Eligible developments must be able to provide sustainable design and
operation, and, except where noted below, must be located within one-half (1/2) mile
from a regional transportation facility (e.g. Transit Area), or within 500 feet of a bus stop
with direct access to a regional transportation facility, measured from property line to
property line.
2.Application and Development Requirements. Requests for parking reduction must occur
at time of site plan review, and must include a parking demand study prepared by a
professional engineer and/or based on findings from an existing development or other
comparable projects experienced by the applicant that include, in part, projects designed
to meet lower parking requirements as allowed by this section. The study must provide
evidence that the project would not be deficient of parking, that the reduced ratios would
not adversely affect the project in any way, or increase the demand for parking spaces
upon public streets in the immediate vicinity, or would not increase the demand for
parking spaces on private properties in the immediate vicinity unless in conjunction with
an approval for shared parking pursuant to City regulations.
Eligible applicants must demonstrate that proposed parking design or resources would be
adequate, and shall satisfy the following requirements meeting sustainable design and
operation (where basic mathematical calculations are involved, rounding will be based on
the traditional mathematical rule):
a.Describe, in quantifiable terms, how the project provides an increase in green space
(pervious area) which otherwise would be paved for parking spaces.
b.Accommodate fuel efficient vehicles through provision of covered and well-
illuminated locations with apparatus for parking and locking of bikes and low-
powered mopeds and scooters, and designated spaces for motorcycles and compact
vehicles. Covered storage facilities shall be located on the project site in close
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proximity to the destination of the residents, employees, or visitors.
c.No more than 3% of the required parking spaces are represented by spaces dedicated
to motorcycles, which should be covered as an incentive for use.
d.No more than 10% of the required parking spaces are represented by spaces dedicated
to compact vehicles, and disbursed throughout the project to maximize accessibility
and convenience.
e.Provide efficiency in parking design including consideration for space-conserving
tandem spaces when functionally feasible.
f.Provide vehicle charging stations and dedicated spaces for at minimum Level 2
charging power (1 per 50 dwelling units and 1 per every 50,000 square feet for non-
residential developments in excess of 75,000 square feet.
g.Design for maximized pedestrian interconnectivity for internal circulation and
efficient ingress and egress minimizing travel distance for pedestrians and
bike/moped/scooter riders.
h.Include a parking contingency plan to show areas on the proposed site plan where
parking spaces may be added in the event that a shortage is subsequently realized for
average daily parking demand. If such future spaces do not equal or exceed the total
deficiency determined by the standard parking requirements for the use, provide
operational rules, procedures or strategies at time of site plan approval to off-set the
realized deficiency.
i.Facilitate a ride-sharing/car pool program by screening, recording and maintaining
participants’ travel destination information, schedules and routes for controlled access
by residents and employees.
j.Maintain bus and train schedules in the management office, accessible to residents
and employees. The management shall designate employees who will maintain and
distribute schedule and route information enabling them to advise residents and
employees as necessary.
k.Consider a shuttle service/program providing transportation to the nearest transit
facility, whether as an incentive or fee-based. Residents should be polled for interest.
l.Include marketing goals and practices targeting residents who work atypical shifts,
including incentives for those in fields such as law enforcement, medical, security,
etc.
m.Provide the following information to residents at time of lease, and post it on a
permanent sign visible from a common location and at entry to the management
office: “This development offers sustainable living (or working) environment that
facilitates a reduction in required parking spaces while accommodating bikes, low-
powered mopeds and scooters, motorcycles, compact vehicles and electric vehicles.
Contact the management for further information”.
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n.Establish and implement operational rules that regulate the maximum number of
vehicles per unit, provide incentives for minimizing total vehicles and maximizing
compact and electric vehicles, and restrict where lesser used vehicles such as
recreational, work, or utility vehicles and equipment can be parked or stored.
Incentives shall be provided for single vehicle households or to those regularly using
or dependent on public transportation.
o.Implement an operational rule prohibiting operators, residents, employees, visitors,
etc. from using any parking space, including interior garage spaces, for any purpose
other than for the temporary parking of vehicles as intended and designed for the
project.
p.Consent to providing a report containing evidence of continued compliance with the
requirements herein upon request by the City.
Chapter 4. Article V. Minimum Off-Street Parking Requirements
Section 4. Exceptions to Providing Required Off-Street Parking.
C. On-Street Parking.
2. Conditions. The provision for on-street parking space to be used to meet the minimum
number of required off-street parking spaces shall be subject to the following conditions:
a. The on-street parking provision is applicable to all existing or proposed
development located within either the Central Business District (CBD), a subsequent zoning
district established to supplement or replace the CBD, or within a lot or parcel located within the
adopted Ocean District Community Redevelopment Plan the Community Redevelopment Area.
Chapter 4. Article V. Minimum Off-Street Parking Requirements
Section 5. Other Parking Regulations.
B. Handicap Accessible Off-Street Parking.
1.Applicability. All parking lots shall meet or exceed State Handicap Code requirements,
and comply with the Florida Building Code.
All residential district parking spaces (surface, covered, enclosed) required pursuant to the
Florida/Federal Fair Housing Act shall comply with the mandatory requirements of the Act.
There shall be provided off-street handicapped parking spaces available at the time of the
erection of any structure of any structure or the enlargement of any structure.
2.Table 4-23. Handicap Accessible Parking Requirements.
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Total Spaces* Min. Accessible
Up to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1,000 2%
Over 1,000 **
Source: Florida Building Code (Florida Building Code should be reviewed for current
requirements)
*See Section 3. Special Reductions in Required Off-Street parking when calculating required
accessible parking spaces for a project designed according to a reduction provision.
**Twenty (20) spaces plus one (1) space for each one hundred (100) over one thousand
(1,000)
In addition to the above parking requirements, the Florida Building Code requires additional
accessible spaces for medical uses that provide out-patient treatments or services for persons
with mobility impairment.
The design and maintenance of accessible parking spaces and signage shall be in accordance
with the Florida Building Code. All required handicap accessible parking spaces shall be
provided on-site.
Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are
hereby repealed to the extent of such conflict.
Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this Ordinance.
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Section 5. It is the intention of the City Commission of the City of Boynton Beach,
Florida, that the provisions of this Ordinance shall become and be made a part of the City of
Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered
or re-lettered and the word "ordinance" may be changed to "section," "article," or such other
appropriate word or phrase in order to accomplish such intentions.
Section 6. This Ordinance shall be effective immediately after adoption by the City
Commission.
TH
FIRST READING this 19 day of August, 2014.
SECOND AND FINAL READING ADOPTED this ___ day of ________, 2014.
CITY OF BOYNTON BEACH, FLORIDA
_________________________________
Mayor – Jerry Taylor
_________________________________
Vice Mayor – Joe Casello
_________________________________
Commissioner – David T. Merker
_________________________________
Commissioner – Mack McCray
_________________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
______________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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13. E
LEGAL
September 2, 2014
COBB
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AIRF
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CMD:
September 3, 2014
OMMISSION EETING ATE
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A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
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GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
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CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 14-021 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Approve amendment to Sections 18-118 and 18-127 of the General Employee's
Pension Plan.
ER:
The Board of Trustees of the City of Boynton Beach General
XPLANATION OF EQUEST
Employees’ Pension Plan has requested the City Commission approve amendments to the plan
that would amend Section 18-118 to allow a retiree who chose a retirement option with a joint
annuitant or beneficiary to change the joint annuitant or beneficiary after commencement of the
benefits as more fully described in the attached memorandum from Bonni Jensen, Esquire to the
Board of Trustees; and amending Section 18-127 to allow employees in the DROP to name a
beneficiary to whom the DROP balance will be left in the event of the employee’s death. In the
absence of a designation of beneficiary, the balance is paid to the first of a class of relatives who
is a survivor.
H?
The Ordinance allows (1) for a Plan
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
member who chose a retirement option with a joint annuitant or beneficiary to change that joint
annuitant or beneficiary provided that the new annuitant is both alive and in good health, and the
Plan member files the appropriate notarized form with the Plan’s Board of Trustees, and (2)
allows employees in the Plan’s DROP option to name a beneficiary of the employee’s balance in
the event of the employee’s death. Other than to the General Employees’ Pension Plan, there is
no effect on the City’s programs or services.
FI:
The Plan’s actuary has provided a letter as part of the materials with this
ISCAL MPACT
Ordinance stating that there is no actuarial impact. Accordingly, there should be no fiscal impact
on the City.
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A:
Not approve amendments to the General Employees’ Pension Plan.
LTERNATIVES
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ORDINANCE 14-021
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING ARTICLE III, OF
CHAPTER 18 OF THE BOYNTON BEACH CODE OF
ORDINANCES, ENTITLED “EMPLOYEES’ PENSION
PLAN;” AMENDING SECTION 18-118 RETIREMENT
ANNUITY OPTION ALLOWING RETIREES TO
CHANGE JOINT SURVIVORS; SECTION 18- 127
DEFERRED RETIREMENT OPTION PLAN ALLOWING
EMPLOYEES TO DESIGNATE BENEFICIARIES FOR
THE DROP; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND, PROVIDING FOR AN
EFFECTIVE DATE HEREOF.
WHEREAS, the Board of Trustees (“Trustees”) of the Employees' Pension Plan of the City of
Boynton Beach, Florida (“Pension Plan”) recommends amendment of the Ordinance to allow
retirees to change their joint annuitant up to twice after retirement, with the retiree bearing the full
actuarial cost of such change;
WHEREAS, the Trustees of the Pension Plan also recommends amendment of the Ordinance to
provide that an employee can designate a beneficiary for the DROP balance;
WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to so amend the
Employees' Pension Plan of the City of Boynton Beach, Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA:
Section 1
. The foregoing “WHEREAS” clauses are hereby certified as being true and
correct and are incorporated herein by this reference.
Section 2
. Section 18-118 of Article II of Chapter 18 of the Boynton Beach Code of
Ordinances is hereby amended as follows:
Sec. 18-118. Retirement annuity option.
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At any time prior to or upon the date of normal retirement, a member may elect to receive
annuity benefits payable under the plan with the approval of the pension board in the form of a
joint and survivor annuity instead of the normal annuity form, which shall be the actuarial
equivalent of the annuity which he would normally receive. A member may rescind such
election at any time prior to his or her normal retirement date. Under the joint and survivor
annuity, two-thirds (2/3) of the retirement annuity income continues to the surviving contingent
annuitant, until his or her death. The election of a joint and survivor annuity shall be deemed
to be automatically cancelled in the event of the death of the joint annuitant prior to the
member's actual retirement.
If a retired member has elected an option with a joint annuitant or beneficiary
and his or her retirement income benefits have commenced, he or she may
thereafter change the designated joint annuitant or beneficiary with the
approval of the Board of Trustees and the joint annuitant or beneficiary being
removed. The retiree is required to provide proof of the good health of the
joint annuitant or beneficiary being removed, and the joint annuitant or
beneficiary being removed must be living. Any retired member who desires
to change his or her joint annuitant or beneficiary shall file with the Board of
Trustees a notarized notice of such change. Upon Board approval of a
completed change of joint annuitant form or such other notice, the Board of
Trustees shall adjust the retiree’s monthly benefit by the application of
actuarial tables and calculations developed to ensure that the benefit paid is
the actuarial equivalent of the present value of the retiree’s current benefit and
there is no impact to the Plan. The actuarial calculation will include a five (5)
year age adjustment to keep the cost actuarially neutral. The Board will pay
for the cost of the first recalculation of the benefit by the actuary; the retiree
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will be responsible for the cost of any subsequent recalculations. In the event
that no joint annuitant or designated beneficiary survives the retiree, there is
no benefit payable unless the retiree has not received benefit which total or
exceed the amount of contributions made by the retiree. No retiree's current
benefits shall be increased as a result of the change of joint annuitant or
beneficiary.
Section 3
. Section 18-127 of Article II of Chapter 18 of the Boynton Beach Code of
Ordinances is hereby amended as follows:
Sec. 18-127. Deferred retirement option plan.
* * *
for the
If an employee shall die during participation in the DROP, a survivor benefit
monthly pension amount
shall be payable in accordance with the form of benefit
An employee entering into the DROP
chosen at the time of entry into the DROP.
or a member participating in the DROP post employment may designate a
beneficiary(ies) to receive payment of the DROP balance in a lump sum upon
his or her death in accordance with Section 18-118 and 18-120. In the
absence of the designation of a beneficiary, the remaining balance shall be
paid in full to the first class of the following relative which has a member(s)
(on a pro rata basis, if there is more than one member):
the spouse married to the member on date of death;
dependent children of the member;
the living parents of the member: or
the estate of the member.
This payment operates as a complete discharge of all obligations
of the Fund under the Plan and shall not be subject to review but
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shall be final, binding, and conclusive on all persons ever
interested hereunder
Section 4
. It is the intention of the City Commission of the City of Boynton Beach that the
provisions of this Ordinance shall become and be made a part of the Code of Ordinances of
the City of Boynton Beach, Florida. The Sections of this ordinance may be renumbered, re-
lettered and the word “Ordinance” may be changed to “Section,” “Article” or such other word or
phrase in order to accomplish such intention.
Section 5
. All Ordinances or parts of Ordinances, Resolutions or parts of
Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict.
Section 6
. If any clause, section, or other part or application of this Ordinance shall be
held by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered as eliminated and so not
effecting the validity of the remaining portions or applications remaining in full force and
effect.
Section 7
. This Ordinance shall become effective upon passage, unless otherwise
provided for in this amendment.
FIRST READING THIS DAY OF , 2014.
SECOND, FINAL READING and PASSAGE THIS DAY OF , 2014.
PASSED AND ADOPTED THIS DAY OF , 2014.
CITY OF BOYNTON BEACH, FLORIDA
Mayor – Jerry Taylor
Vice Mayor – Joe Casello
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Commissioner – David T. Merker
Commissioner – Mack McCray
Commissioner – Michael M. Fitzpatrick
ATTEST:
__________________________________
Janet M. Prainito, MMC,
City Clerk
(Corporate Seal)
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13. F
LEGAL
September 2, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 3, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 14-022 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Approve a Solid Waste rate increase and revise the Code of Ordinances, Chapter
10, Garbage, Trash and Offensive Conditions, to allow for residential rate increase and language
change.
ER:
The Public Works staff has conducted a cursory review of
XPLANATION OF EQUEST
the Code of Ordinance, Chapter 10, Garbage, Trash and Offensive Conditions and has
proposed minor revisions to the Code language. In addition under Section 10-24 –
Single Family Residential Refuse Collection, item 7. Staff has added language to allow
for assistance with residents with a disability. This gives the ability for a resident to
complete an application request for reasonable accommodation (application attached)
for a disability as defined in 42 U.S.C.’s 12102 of the Americans with Disabilities Act.
Special accommodation requests from disabled residents typically are for gaining
assistance from Solid Waste staff in placement of garbage carts at the curb for pickup,
but could also be for other requests that are reviewed by staff.
Additionally, Section 10-30. Rates and Charges for City Service, staff is proposing a
$1.00 per month increase in residential and multi-family rates, for FY 2014/15 and an
additional $1.00 per month increase for FY 2015/16.
Residential Multi-family
Current rates are: $14.00/month $10.75/month
Proposed rates:
10/1/14 $15.00/month $11.75/month
10/1/15 $16.00/month $12.75/month
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The rate increase is needed to continue to maintain sound operations and provide
service. Increases in operational costs are needed due to increased fuel costs,
increased equipment maintenance expenditures and added residential communities.
The last residential increase was on October 1, 2010. Attached is a Solid Waste Rate
Comparison showing the rates charged for refuse service in various surrounding
communities. The proposed rate increase remains competitive with surrounding
communities.
H?
The Code revision for disabled
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
service accommodations will enhance our customer service and allow for staff to go on
private property to retrieve garbage carts.
The rate increase will allow for continued maintenance on vehicles, and will keep up
with increasing fuel costs.
FI:
Additional revenue (approximately $500,000) will be added in the Solid
ISCAL MPACT
Waste Account #431-0000-343-41.00 and #431-0000-343-45.00.
A:
Not to approve Code changes/rate increase.
LTERNATIVES
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ORDINANCE NO. 14-022
AN ORDINANCE OF THE CITYCOMMISSION OF
THE CITY OF BOYNTON BEACH,FLORIDA,
AMENDING CHAPTER 10 OF THE CITY’S CODE OF
ORDINANCES, “GARBAGE, TRASH AND OFFENSIVE
CONDITIONS,” ARTICLE II,“REFUSE, GARBAGE
AND TRASH” ALLOWING FOR SOLID WASTE RATE
INCREASE AND LANGUAGE CHANGE; PROVIDING
FOR CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
the Public Works staff has conducted a cursory review of the Code of
WHEREAS,
Ordinances, Chapter 10, Garbage, Trash and Offensive Conditions and has proposed
minor revisions to the Code language; and
, the rate increase proposed is needed to continue to maintain sound
WHEREAS
operations due to increased fuel costs, increased equipment maintenance expenditures and
added residential communities; and
the City Commission finds the adoption of the proposed ordinance is
WHEREAS,
in the best interest of the health, safety, and welfare of the citizens and residents of the City
of Boynton Beach.
NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMISSION OF THE
CITY OF BOYNTON BEACH FLORIDA, THAT:
Section 1. Each "Whereas" clause set forth above is true and correct and incorporated
herein by this reference.
Section 2. Chapter 10, Garbage, Trash and Offensive Conditions, Article II, Refuse,
Garbage and Trash, is amended as follows:
ARTICLE II. REFUSE, GARBAGE AND TRASH*
Sec. 10-22. City to collect and dispose of garbage; supervision; regulatory
authority.
All refuse, garbage, trash of all types, vegetative trash, recycling, construction and demolition
material accumulated in the City shall be exclusively collected, conveyed and disposed of by the
City under the supervision of the Director of Public Works. The Director of Public Works shall
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have authority to make administrative regulations concerning the days of collection, type and
location of waste containers and such other matters pertaining to the collection, conveyance and
disposal not otherwise set by the City Commission or the City Manager as he shall find
necessary, and to change and modify the same after notice as required by law, provided that such
regulations are not contrary to the provisions hereof.
Sec. 10-23. Definitions.
For the purpose of this article, the following words and terms are defined as follows:
Commercial means any public or private place, building and/or enterprise or business devoted
in whole or in part to a business enterprise, whether nonprofit or profit-making in nature,
including, but not limited to hotels, motels, restaurants, offices, industries, stores, markets,
theaters, hospitals and other institutions which hold themselves out to the public as places of
business, services or accommodations.
Containers or receptacles:
(1) “Non-containerized” means the use of a "roll-out cart" provided by the City for the use
of garbage collection purposes. The cart as defined will be of a special design and construction
as to allow for the mechanical or automation of collection of garbage.
(2) "Containerized" or "Dumpster" means a detachable metal container provided by the City
designed and intended to be mechanically dumped into a packer-type solid waste vehicle and
varying in size from two (2) cubic yards to eight (8) cubic yards adaptable to City equipment.
This type receptacle is normally associated with collection service for commercial or multifamily
developments.
(3) "Containerized or Dumpster with wheels" are containers supplied by the occupants,
business, or institution who choose to use them inside buildings and roll them to the designated
outside location for pickup. This type receptacle is normally associated with multifamily or
commercial developments.
(4) "Compactor" is a mechanical device to accept garbage, trash, and other types of
materials, mechanically press or compact the material into a more dense form, and to be serviced
by City trucks designed for such operations. The compactor shall be the property of the business,
institution, or customer, and shall not be owned, maintained, or repaired by the City. The City
shall service the compactor to the extent of collecting and disposal of the material, and will not
be responsible for the mechanical operation, repair, energy to operate, or longevity of the device.
The customer shall be responsible for consulting with the City prior to purchasing a compactor to
assure the compactor and the City trucks used to service the compactor are compatible. Failure
on the part of the customer to conduct such coordination shall not waive the requirement that the
compactor is to be serviced by City equipment. The City will bear no responsibility for
modifying either the compactor, or its equipment to offer the necessary service. This type
receptacle can be associated with commercial, mobile home parks, or institutional type of
customers.
(5) "Roll-out garbage carts" are specialized garbage carts provided exclusively by the City
as a part of the residential garbage collection service. The carts are of a design that would allow
the City to mechanically collect the garbage, or to automate the garbage collection process.
(6) "Roll-off containers" are various sized metal containers specially designed for the
collection of noncombustible trash, construction, demolition, cleaning, renovation, industrial, or
garbage wastes normally associated with construction projects or special events. The containers
are provided by the City upon request and qualification of the customer, and shall be serviced by
the City exclusively on an as needed basis.
Dispose means to deliver to approved landfill or transfer station or other approved disposal
method.
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Director of Public Works means the Director of Public Works and/or the duly authorized agent.
Mandatory Service Charge means an automatic fifty dollar ($50.00) service charge will be
assessed for any bulk trash/vegetation that is placed for pickup on the wrong day.
Recycling means any process by which solid waste, or materials which would otherwise
become solid waste, are collected, separated, or processed and reused or returned to use in the
form of raw materials or products.
Refuse shall mean any or all of the following: garbage, noncombustible trash, vegetative trash,
contaminated yard trash, bulk trash, construction and demolition material, hazardous, industrial
waste, infectious waste, and recycling material. Such items are hereby further defined as follows:
(1) "Garbage:" Every accumulation of animal, fruit, or vegetable matter that attends the
preparation, use, cooking and dealing in or storage of meats, fish, fowl, fruit or vegetables, and
any other matter, of any nature which is subject to decay, putrefaction and generation of noxious
or offensive gases or odors, or which, during or after decay may serve as a breeding or feeding
material for flies or other germ carrying insects; and any bottles, cans or other containers, except
recyclable containers, which due to their ability to retain water, may serve as a breeding place for
mosquitoes or other insects. Garbage shall not include human solid waste. Garbage is collected
from each residential unit in the City twice a week, and from each commercial establishment as
requested by the customer or as required by the Director of Public Works when public safety or
appearance is jeopardized.
(2) “Noncombustible trash:” Materials that are not burnable at ordinary incineration
temperatures, such as metals, mineral matter, metal furniture and auto bodies and parts, dirt,
bricks, paving and other types of building or demolition materials. The City shall not collect
non-combustible trash on a scheduled, routine basis.
(3) “Yard trash:” Shall mean vegetative matter resulting from gardening, including
accumulation of lawn, grass, shrubbery cuttings, dry leaf rakings, palm fronds, small tree
branches not to exceed four (4) inches in diameter or four (4) feet in length. Yard trash shall be
collected on scheduled pickup days once a week at all residential units throughout the City. All
yard trash generated by privately contracted yard services shall be considered as commercial
material and shall be disposed of by the private contractor responsible for generation of the
material. Tree stumps are prohibited to be placed out for collection.
(4) "Contaminated yard waste:" Shall mean any yard and garden waste pile containing
material other than containerized grass or leaves, shrubbery cuttings, or vegetative matter of any
type incidental to the care of residential lawns and gardens, including limbs and branches less
than four (4) inches in diameter or four (4) feet in length.
(5) "Bulk trash:" Shall mean large objects and items, however not necessarily limited to the
following: washers, dryers, furniture (including mattresses and springs), rugs, cabinets, wooden
boxes, and other types of household items. Bulk trash shall also include owner generated
construction debris less than one (1) cubic yard.
(6) "Construction and demolition material:" Commonly referred to as C&D debris, shall be
any byproduct material from either the construction or demolition or remodeling, or repair of any
type building, structure, or roadway, or driveway materials. Material would commonly contain,
but not be limited to, building materials, rubble, stone, brick, earthwork, paving materials,
concrete, blocks, wood, roofing materials of all types, metal, piping, asphalt, fencing, cabinets,
HVAC ducting, heating and air conditioning equipment, plumbing fixtures and the like. This
material will not be collected routinely by the City. The customer should contact the Director of
Public Works to schedule the removal, or arrange for a roll-off container to be provided but the
City. The cost of this service will be in accordance with the type of materials and the cost of
associated disposal.
(7) "Hazardous material:" Shall be any type material or product whose chemical or
biological nature make it dangerous to the human health if disposed improperly, or that could
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cause harm to the environment. This includes any material which requires special handling due
to its acute or chronic effects on air and water quality, on fish, wildlife, or other biota and on the
health and welfare of the public, including but not limited to explosives, pathological wastes,
radioactive materials, oil-based paints, thinners, fluorescent bulbs, auto fluids, pesticides, flares,
pool chemicals, sharps or needles, batteries, and acidic, caustic, toxic or highly flammable
chemicals. The City will not collect hazardous material on any regular Solid Waste services.
Arrangements for the special disposal shall be made by the customer for the proper, safe, and
legal disposal of hazardous material by calling the Solid Waste Authority.
(8) "Infectious waste:" Is any type of waste material resulting from the operation of medical
clinics, hospitals, abattoirs, and other facilities producing waste which may consist of human
and/or parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated
clothing and surgical gloves. The City will not routinely collect infectious waste. Arrangements
for special disposal shall be made privately by the customer for the proper, safe, and legal
disposal of infectious waste according to standards within the relevant industry.
(9) "Recyclable materials:" Shall mean newspaper (including inserts), aluminum, plastic
containers, glass bottle and jars, milk and juice cartons, aseptic containers, corrugated cardboard,
brown paper bags, mixed paper, tin, and ferrous cans, household dry-cell batteries (no wet-cell
batteries) and other type materials that have known recycling potential, can be feasibly recycled,
and have been diverted and source separated or have been removed from the solid waste stream
for sale, use, or reuse as raw materials, whether or not the materials require materials would
include items that are capable of being recycled and which would otherwise be processed or
disposed of as solid waste. Recycled material shall be collected on a scheduled routine basis
from each residential unit in the City.
Residential dwelling unit means any structure or shelter, house, apartment building, or any part
thereof used or constructed for human habitation and shall include bath and culinary
accommodations for one or more families.
(1) "Single-family dwelling:" means a residential dwelling unit designed to contain only one
(1) family, or any residential dwelling unit, or any number of residential dwelling units receiving
Solid Waste service for each individual dwelling unit.
(2) "Multi-family dwelling:" means a residential dwelling unit designed to contain more
than one (1) family, and received containerized Solid Waste service.
Sanitation Supervisor. See Director of Public Works.
Special pickup, and costs referenced herein, shall apply when residential solid waste, exclusive
of construction debris, greater than six (6) cubic yards must be collected and disposed of separate
from other provisions of this Article. Special pickups will be coordinated with the resident and a
Solid Waste Supervisor as to time, place, date, and items to be picked up. Items to be picked up
will not be deposited at the curbside more than twenty-four (24) hours prior to the scheduled
special pickup. All special pickups shall be at additional cost to the resident. An estimate of the
cost of the special pickup should be obtained by contacting the office of the Director of Public
Works. Special pickups will be made as soon as practicable upon acceptance of the cost estimate
by the owner. A service fee will be assessed when the following occurs: vegetation that is cut by
commercial tree/lawn services, vegetation that exceeds four (4) inches in diameter and/or four
(4) feet in length; construction/demolition material in excess of one (1) cu/yd. The minimum fee
for this service is thirty-five dollars ($35.00). seventy-five dollars ($75.00).
Sec. 10-24. Single family residential refuse collection.
(a) The City will collect noncontainerized residential refuse under the following conditions:
(1) Garbage will be collected twice per week at curbside only from each single family
residential unit in the City provided with roll-out garbage carts. The placement of household
garbage in a loose and uncontained manner on the roadside, swale or other locations adjacent to
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the roadway with the expectation of collection shall be strictly prohibited. All material intended
for disposal with the roll-out garbage carts shall be placed inside the cart, and the lid of the cart
must be closed. All refuse cans and carts shall be aboveground, placed off the street, but within
three (3) feet of the curb or edge of pavement and shall be located a minimum of three (3) feet
from any obstruction that may interfere with routine collection. Yard trash and combustible trash
will not be collected with household garbage, but will be picked up once per week on a
scheduled trash pickup day. Yard trash and combustible trash capable of being containerized
should be placed in a standard garbage can, roll-out garbage cart, plastic bag, or disposable
container.,only yard waste generated by residential property will be eligible for collection.
Collection of yard trash should be piled separately from all other trash at curbside. Any mixing
of household garbage, combustible, noncombustible, or bulk trash with the yard trash shall be
strictly prohibited. Placing of yard trash or combustible trash in the paved area of the street or on
vacant lots is prohibited. Materials classified as hazardous material will not be collected by the
City. Household garbage, trash or any type of other material intended for collection, shall not be
set out prior to 6:00 P.M. of the day proceeding the scheduled pickup.
(2) All garbage cans provided by the individual customer shall be subject to inspection and
approval by the Director of Public Works or designee at all times. A container not approved by
the Director of Public Works and which is set out for collection will have a notice placed upon
the container, handed to the owner or occupant, or left at his residence and the occupant shall no
longer use the container for collection.
(3) Special waterproof disposable refuse bags or any other containers may be used for
vegetative materials. When such bags or any other containers are used, the responsibility for
protection of either the bag or the container and the contents shall rest with the individuals
occupying or residing on the property. Rupture of, or damage to the bag or container, from any
cause which results in the scattering of refuse prior to the arrival of City collection personnel will
obligate the user to reassemble all of the refuse in an undamaged bag or container prior to pickup
by the City.
(4) Accumulations of yard trash shall be stacked in compact piles at curbside within the
confines of residents' or owners' side property lines. Deposits of yard trash shall not obstruct
pedestrian or vehicular traffic. The City will not collect yard trash produced from commercial
tree trimming operations, landscape and lawn maintenance operators. Tree trimmers, or privately
employed tree trimmers, tree arborists, landscape contractors and operators of tree and shrubbery
maintenance services shall remove all trash and debris from the premises upon which they are
working, including but not limited to limbs, tree trunks, roots, shrubbery clippings, and other
debris emanating from their work. Disposal of yard trash produced by commercial operations or
those paid to conduct such operations shall be strictly prohibited. No yard trash shall be placed
on property owned or occupied by others without permission.
(5) Refuse containers, cans, and carts shall not be kept or maintained upon or adjacent to
any street, sidewalk, parkway, front yard, side yard or other place within the view of persons
using any street or sidewalk located within the City, except as provided herein. Protection of the
containers placed for collection is the responsibility of the resident.
(6) Curbside residential recycling service will be given to each residential dwelling unit
with the City, once a week. The City shall provide each resident with two (2) recycling bins or
carts. One shall be used for the accumulation of plastic containers, glass, aluminum and other
allowable co-mingled materials. The other shall be used for newspaper, magazines, glossy paper,
office grade paper, and corrugated cardboard. The bins shall be set out on the designated
collection day.
(7) The responsibility for proper placement and preparation of solid waste materials for
collection shall be that of the resident of the dwelling unit. It shall be unlawful for any person,
upon vacating or moving from any dwelling, storeroom, or any other building in the City, to fail
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to remove all garbage, rubbish, and debris from such building and premises, and grounds
appurtenant thereto, or to fail to place said waste in an approved sanitary container for disposal
in accordance herewith. Failure of a renter, lessee, and/or tenant to comply with this requirement
shall obligate the property owner of record to fulfill the responsibility of compliance with this
Article. Where the resident of a dwelling unit is physically unable to deliver Residential Solid
Waste to curbside the resident can complete an Application For Request for Reasonable
Accomodation. The Public Works Director or they’re designee shall review the request and
make a determination on the request for reasonable accommodation based upon a finding that the
proposed accommodation is reasonable, and the applicant is an individual with a disability as
defined in 42 U.S.C.’s 12102 of the Americans with Disabilities Act. The applicant will be
notified in writing of the decision on the request for reasonable accommodation. Regardless of
any accommodation made pursuant to the facts described in this paragragh, vegetative waste
must continue to be placed at curbside.
(8) Hazardous wastes, infectious wastes, construction and demolition material, dead animals
and any other prohibited waste shall not be placed in garbage cans, bags. or any other types of
containers or placed loose on the ground with the expectation of having the material collected by
the City. These materials are not part of Single Family Residential Refuse Collection Service.
The resident and/or property owner should contact the Director of Public Works in order to
inquire as to the proper disposal method for such materials.
Sec. 10-25. Containerized commercial and residential collection.
(a) Regulations governing containerized service:
(1) Containerized refuse service shall be carried out by the City at commercial or
multifamily residential establishments in the promotion of improved sanitary conditions for the
prevention of health hazard. Containers are supplied by and shall remain the property of the City.
The landowner is responsible for the protection of containers placed to serve the premises. The
landowner shall be liable to the extent of the cost of repairs and cleanliness or replacement of
containers when damaged by fire, negligence, vandalism or other forms of abuse.
(2) Free dumpingUnimpeded access to containers at all times shall be provided by the
landowner. All containers shall be located so that the collection vehicle driver can dump
containers without leaving the vehicle.
(3) Customers using garbage chutes or interior storage shall provide containers on rollers
which will be the responsibility of the owner or occupant for maintenance. The landowner shall
be responsible for placing (rolling) them to the proper position for emptying and in time for
emptying.
(4) The size or number of containers shall be determined by the volume of refuse to be
deposited and will be in direct relationship to the manner in which the user elects to utilize the
space provided in said container or containers. Charges shall be assessed on the basis of cubic
yards of refuse removed from premises whether manually compacted or loose.
(5) At each multifamily site, located adjacent to the dumpsters, or a location approved by
the City, the City shall may place a minimum of two (2) recycling carts. The carts are for the
purpose of collecting recycling materials. The landowner must allow space for the carts adjacent
to the dumpsters, and properly accessible by the City trucks for servicing. The residents of the
multifamily development shall be encouraged to conduct recycling. The carts will be serviced a
minimum of once a week. The placement of materials, garbage, yard trash, or any other material
not approved in the definition of recyclable materials shall be strictly prohibited. This service is
provided as a part of the garbage collection fee.
(6) Commercial, institutional, and any other type activity requiring containerized garbage
collection, except for multifamily collection service, are encouraged to access the garbage and
trash stream, to determine the benefits of recycling. The City will provide dumpsters, designated
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for cardboard and paper recycling. The service will be provided for a fee.
Sec. 10-26. Roll-off services.
(a) Construction sites. All construction, renovation, remodeling, and repair sites, requiring a
permit from the City for work being conducted, shall be maintained in a clean and sanitary
condition at all times. Each construction site shall be provided with solid waste containers
adequate in size and sufficient in number to accommodate the accumulation of solid waste
during the interval between scheduled removals of solid waste from the project site. The number
and type of refuse containers shall be subject to the approval of the Public Works Department.
The owner of the property, or the contractor conducting the operations, shall have the right to
provide the material removal service with his own containers and equipment. In all other cases,
the owner or contractor shall be required to obtain such removal services from the City. The
Public Works Department shall determine exclusively whether this service would require the use
of roll-off containers, or the service could be adequately provided by some other means.
(b) Stop work. During the construction of any site project the Building Official may at his/her
discretion, issue a written order to stop work on a construction project for failure to maintain the
construction site in a clean and sanitary condition, or for failing to adhere to the requirement of
this chapter.
(c) Final cleanup. Solid waste shall be removed from the construction, renovation,
remodeling, or repair site, and the area properly cleaned to the satisfaction of the Director of
Public Works within five (5) workdays following the completion and final inspections of the
work performed under a permit, and in all instances prior to the issuance of a certificate of
occupancy by the Building Department.
(d) Roll-off location. All roll-off containers shall be placed on the customer's property in a
location accessible for service. Roll-offs may be placed in the public right-of-way only if a
permit to do so is issued by the Engineering Department. Roll-off containers not serviced within
30-days of issuance may be removed from the property by the City at the Public Works Directors
discretion.
Sec. 10-27. General regulations.
(a) Predetermination of refuse storage sites required. Prior to the issuance of a building
permit by the City Building Department for the renovation, modification or erection of a new
structure, provisions must be made for the storage and handling of refuse. Such arrangements
shall provide free access to containers by mechanized equipment at all times. Acting jointly, the
Public Works Department and the City Building Department and the builder-owner- occupant, as
applicable, shall mutually arrive at a satisfactory arrangement to meet collection requirements.
(b) Refuse from containerized residential units will be collected twice a week or as
necessary. Such frequency of service shall be determined exclusively by the Director of Public
Works to ensure public safety, health, cleanliness and appearance. In the case of the commercial
establishment, the customer will be billed for the amount of service required to meet the solid
waste standards.
(c) Duty to record and bill users of City system. The Director of Public Works shall cause to
be kept, an accurate record of all persons using the services and facilities of the said municipal
refuse collection and disposal system and make charges in accordance with the rates and charges
herein established. The City may choose to not provide solid waste services because of non-
payment.
(d) [Unlawful deposits.] It shall be unlawful for any person to deposit on, or bury in, or cause
to be deposited on or buried in, upon any land, vacant or unoccupied premises in the City or
upon any occupied property public square, or upon any street, alley, park, parkway, or in any
canal, waterway, bridge, easement, or other public passageway, or right-of-way, or any storm
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drain, rock pit and sand pit, pool or lake within the City any noxious, filthy, malodorous or
offensive liquid or solid materials, garbage, refuse, or rubbish anywhere within the limits of the
City in any vessel or receptacle other than in an approved refuse container which is collected
regularly. Nothing in this provision shall prohibit private, backyard, nuisance-free composting
practices for home gardening purposes. No person shall burn or cause to be burned any refuse or
waste anywhere within the City limits, except as otherwise provided by law.
Cross references
-Depositing litter in bodies of water, § 15-30; polluting park waters, § 16-26.
(e) Mulch or compost piles permitted. Horticultural trash and refuse containing no
combustible matter, or which will not, during decay, give off offensive odors, may be
accumulated by the owner as a mulch or compost pile in the rear of the residential premises upon
which the material is accumulated. Bringing material from offsite onto the property for the sake
of composting will be prohibited. Composting for commercial purpose, or composting to develop
a marketable product shall be prohibited except for those cases allowed by commercial
enterprise, and properly licensed to conduct such operations.
(f) Ownership of collection refuse and waste.
(1) Ownership of refuse and waste material shall be vested in the City at the time of
collection.
(2) It shall be unlawful for any person, not authorized to do so, to open, remove, untie, or to
interfere with the orderly and legitimate collection of any refuse containers placed for collection
and disposal. It shall be unlawful for any person to scavenge any solid waste within the City.
(3) Recycling material to be collected, such as newspaper, newspaper/grade papers, and/or
other materials, shall become the property of the City from the time of placement at the curb by
the customer, and it shall be a violation of this Article for any person, firm, corporation, or
partnership other than the City, to tamper with or to take or remove, or to convert to its own use
in any way, such material. Each such collection in violation hereof from one (1) or more
residences or businesses during such period shall constitute a separate and distinct offense.
(g) Dead animals. It shall be unlawful to place any dead animal or parts thereof in any solid
waste container for collection; however, this section shall not apply to animal parts from food
preparation for human consumption.
(h) Incinerators. No private incineration units shall be erected or operated within the City
from the date of this Article except upon approval of the City Commission, and the issuance of
the proper permits and licenses from any and all regulating agencies.
(i) Landfills. It shall be unlawful for any person to create, use, own, or operate any landfill or
dump within the corporate limits of the City.
(j) Littering. It shall be unlawful to place, or allow to be placed, any solid waste upon the
roads, streets, storm drains, canals, lakes, other bodies of water, of any public or private property
within the City except as provided herein.
(k) Non-interference. It shall be unlawful for any person to interfere with any employee of
the City while in the performance of their duties as authorized by this chapter.
Sec. 10-28. Reserved.
.
Sec. 10-29. Purpose of rates and charges.
The rates and charges herein set forth are imposed to provide revenue for the purpose of paying
the costs of the operation and maintenance of the refuse collection and disposal system of the
City and extensions thereof and replacements thereto and for any other lawful purpose as so
determined by the City Commission.
Sec. 10-30. Rates and charges for City service.
The rates and charges for refuse collection service provided by the City shall be as follows:
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(a) Commercial containerized, excluding multifamily residential units:
(1) Monthly commercial charges shall consist of a total of the following three (3) items:
a. Rental charge - The charge assessed to account for expenses related to the provision of
commercial refuse containers. The Public Works Director shall annually adjust the container
rental fee based upon changing market prices of new containers.
b. Disposal charge-A fixed disposal charge as set and modified from time to time by the
Palm Beach County Solid Waste Authority. This price shall be passed on to the customer
directly.
c. Operating charge-A fixed charge per cubic yard to cover all other labor and equipment
hauling expenses and charges of the Solid Waste Department. The rate in 201408 - 201509 will
be fixed at four dollars ($4.00) per cubic yard and shall be increased annually thereafter based
upon changes to operating expenses at the discretion of the Public Works Director at the
beginning of each fiscal year, or as otherwise provided by the City Commission.
(2) Partial monthly service will be charged on a prorated basis, based on the rates in
subsection (1a.) above.
(3) Mechanical compressed or compactor refuse shall have the disposal rate computed at a
three-to-one (3:1) ratio of the disposal rates set forth in subsection (1b.) above. Containers with
compactors shall be furnished by the owner, therefore, no rental cost shall be charged.
(b) Noncontainerized commercial service: Refuse picked up from residential type cans at
commercial establishments shall have their level of service negotiated by the Public Works
Department.
(c) Collection rates:
ResidentiMulti-
al Family
FY $14.0
$10.7
201307-012.2
59.00
1408 5
FY $12.7
$9.50
201408-515.0
11.75
1509 0
FY 2009-$13.2$10.0
102015-516.0012.7
16 0 5
(d) Rate schedule extra pickup of dumpsters at multifamily locations: Four dollars ($4.00) per
cubic yard.
(de) Roll-off rates. Rates for roll-off dumpsters for construction and demolition debris shall
be established and modified from time to time by the Director of Public Works based upon
private markets conditions.
Sec. 10-31. Violations and enforcement.
It is hereby declared unlawful and a violation of this Article for any person to do or permit to
be done any of the following acts or practices:
(1) To deposit or place in or cause to be deposited or placed in a trash container any
materials other than those defined in this Article as refuse.
(2) To fail or neglect to keep or cause to be kept clean and sanitary, tightly covered and in
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good state of repair, all refuse containers.
(3) To use or supply garbage cans and refuse containers other than those defined and
provided for in this Article.
(4) To collect or permit to be collected by anyone, the garbage from any garbage container
other than by persons regularly employed by the City for that purpose unless specifically
authorized by the City Commission.
It shall be unlawful for any person to fail, neglect, or refuse to comply with and abide by each
provision of this Article. The performance on each day of any prohibited act or practice shall
constitute a separate offense, and shall be punishable as such.
Sec. 10-32. Disaster-generated debris removal management plan; authority,
priorities and limitations.
The City Manager, or designee, shall have the authority, to remove disaster-generated debris
located within the City of Boynton Beach on city-owned property, county/state-owned roads, and
private roads after the declaration of any state of emergency pursuant to this article. The removal
of such disaster-generated debris is authorized only after a major disaster or a catastrophic
disaster and upon the determination by the City Manager, or designee, that such removal is
reasonable necessary to (i) eliminate immediate threats to life, public health, and safety; (ii)
eliminate immediate threats of significant damage to city property or facilities; or (iii) ensure
economic recovery of the affected community to the benefit of the community-at-large.
(1) An immediate threat to life, public health, and safety shall be deemed to exist if any one of
the following conditions is satisfied:
a. There is a significant likelihood that rescue vehicles will be significantly hindered from
rendering emergency services if the disaster-generated debris is allowed to remain in place;
b. The type of disaster-generated debris is such that it may reasonably cause disease, illness,
or sickness which could injure or adversely affect the health, safety, or general welfare of those
residing and working in the area if it is allowed to remain;
c. The removal of the disaster-generated debris is necessary to effectuate orderly and
expeditious restoration of city-wide utility services including, but not limited to, power, water,
sewer, telephone and solid waste collection;
d. The disaster-generated debris is determined by the City of Boynton Beach Building
Official or Public Health Official to be dangerous or hazardous;
e. The disaster-generated debris prevents garbage collection, thereby creating a public
health and safety hazard;
f. The disaster-generated debris contains contaminants which have a reasonable likelihood
of leeching into the soil and/or aquifer of the city;
g. The disaster-generated debris has a substantial negative impact upon public health and
safety by preventing or adversely affecting emergency repairs to buildings and/or property;
h. The disaster-generated debris presents a reasonable danger of being transported by wind
and/or water to neighboring properties, thereby increasing the cost of recovery and removal;
i. The disaster-generated debris is significantly likely to produce mold or may otherwise
cause disease, illness, or sickness which could injure or adversely affect the health, safety, or
general welfare of the public;
j. The presence of the disaster-generated debris significantly adversely impacts the city’s
recovery efforts;
k. The disaster-generated debris significantly interferes with drainage or water runoff, so as
to be a significant hazard in the event of significant rainfall;
l. The sheer volume of the disaster-generated debris is such that it is impractical and
unreasonable to remove in an orderly and efficient manner absent action by the city; or
m. The type, extent and nature of the disaster-generated debris is such that it would cause
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much greater damage if not removed immediately.
(2) An immediate threat of significant damage to city property or facilities shall be deemed to
exist if the cost to remove the disaster- generated debris is less than the cost of potential damage
to the city property or facility, thereby being a cost effective removal.
(3) In removing disaster-generated debris from county-owned or state owned property and
rights-of-way, the highest priority shall initially be given to responding to immediate threats to
life, public health, and safety; eliminating immediate threat of significant damage to county and
state property or facilities; and pushing or removing disaster-generated debris from county/state
rights-of-way to permit safe passage.
(4) The removal of disaster-generated debris shall begin as soon as functionally feasible after
the occurrence of a major disaster or catastrophic disaster. The primary operation of the city
work forces will be to cut and toss disaster-generated debris depositing it along county or state
rights-of-way, thereby creating access to the major arterial roadways to allow for expedited
search and rescue efforts as well as recovery efforts. Upon completion of the cut and toss
operation, city work forces will begin the removal of other disaster-generated debris. The
owners of private property, or those individuals otherwise in possession of private property,
adjoining county/state rights-of-way may place disaster-generated debris in the county and/or
state right-of-way. The community-at-large will be notified via press releases, city web-page,
local media of the initial start date for removal of disaster-generated debris by city work forces
and will subsequently be notified prior to the last removal pass by city work forces. After the
last such removal pass, city residents will be responsible for the removal of any remaining
disaster-generated debris in compliance with pre-disaster collection requirements whether they
be self-provided, provided through a private contractor, or provided through regular waste
disposable services.
(5) The city shall, subject to the restrictions and requirements of F.S. Section 768.28,
indemnify and hold the federal government, its agencies and employees, harmless from any
claims arising from or based upon the exercise or performance of, or the failure to exercise or
perform, a discretionary function or duty on the part of any federal agency or any employee of
the federal government in carrying out the provisions of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (Stafford Act).
(6) The owners of private property, or those individuals otherwise in possession of private
property, shall be responsible for assuring that the placement of any disaster-generated debris in
city/county/state rights-of-way or on private roads for removal by city work forces satisfies the
following conditions:
a. The disaster-generated debris shall be neatly stacked, piled, or placed with its leading
edge lying within the three-foot roadside shoulder area on either side of the travel lanes of the
road.
b. The disaster-generated debris shall be separated into stacks or piles of the following types
of debris as defined in this article:
1. Putrescent debris and mixed common household items.
2. Vegetative debris.
3. Construction and demolition debris.
4. White goods.
5. Hazardous household waste and electronic waste.
c. The disaster-generated debris shall be placed so that it is not under any power lines, not
on top of any water meters, or not within three feet of any power poles, fire hydrants, vehicles,
mailboxes, or fences.
(7) Any damage to personal property by city work forces resulting from the placement of
disaster-generated debris in a manner inconsistent with this section shall be the responsibility of
the private property owner, or individual otherwise in possession of private property, who
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misplaced such debris.
(8) Any owners of private property, or any individuals otherwise in possession of private
property, who stack, pile, or otherwise place anything for removal on city/county/state rights-of-
way or on private roads which is deemed not to be disaster-generated debris, shall be responsible
for removing such unauthorized debris no later than 24 hours after notification of such removal
requirement by a member of the city work forces. Any such owner or other individual who fails
to timely comply with such removal requirement shall thereafter be responsible for any costs
associated with the removal of such unauthorized debris by city work forces.
(9) Removal of hazardous trees or hazardous limbs. The removal of disaster-generated debris
consisting of either hazardous trees or hazardous limbs overhanging or otherwise endangering a
private road shall be deemed to be the responsibility of the adjacent private property owners and,
as such, the city work forces shall not be authorized to remove or to otherwise act upon such
disaster-generated debris unless it is necessary to eliminate an immediate threat to the safety of
city work forces.
Secs. 10-33—10-49. Reserved.
Section 3. Each and every other provision of Chapter 10, not herein specifically
amended shall remain in full force and effect as previously enacted.
Section 4. All ordinances or parts of ordinances in conflict herewith be and the same
are hereby repealed.
Section 5. Should any section or provision of this ordinance or portion hereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the remainder of this ordinance.
Section 6. Authority is hereby granted to codify said ordinance.
Section 7. This ordinance shall become effective immediately upon its passage and
adoption.
FIRST READING
this ____ day of _____________, 2014.
SECOND, FINAL READING AND PASSAGE
this ________ day of
______________, 2014.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Jerry Taylor
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_____________________________
Vice Mayor – Joe Casello
_____________________________
Commissioner – David T. Merker
_____________________________
Commissioner – Mack McCray
_____________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
_______________________
Janet M. Prainito, MMC
City Clerk
(CORPORATE SEAL)
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APPLICATION FOR CURBSIDE EXEMPTION PICKUP
Please complete this application, have it notarized by a State of Florida Licensed
Notary Public, and return it to the City of Boca Raton, Municipal Services
Department, Sanitation Division at 201 W. Palmetto Park Road, Boca Raton, Florida
st
33432, by July 31, 2011.
The City Manager or his designated representative shall exempt the occupants of any
single-family dwelling for the curbside garbage requirement upon the filing of an
affidavit stating that the occupants of the dwelling are disabled by medically
determinable physical or mental impairment or deformity which render the occupants
unable to place such waste at the curb or edge of the street.
RESIDENT NAME:
_____________________________________________________________________
_
STREET ADDRESS:
_____________________________________________________________________
_
PLEASE STATE REASON FOR EXEMPTION:
________________________________________________
_____________________________________________________________________
___________________
I certify that the above named individual(s) meet the medical requirement as stated
above:
Physician Name and License Number:
_____________________________________________________
Address:
_____________________________________________________________________
________
Telephone: _________________________
AFFIDAVIT
I affirm and swear that all occupant(s) of the single-family property identified above
are disabled by medically determinable physical or mental impairment or deformity
which renders the occupant(s) unable to place such waste at the curb or edge of the
street.
_______________________________________
___________________
Signature of Applicant
Date
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STATE OF FLORIDA
COUNTY OF PALM BEACH, TO-WIT:
The foregoing affidavit was acknowledged before me, this _____ day of
________________, 20_____, by
__________________________________________.
My commission expires ______________________.
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SOLID WASTE RATE COMPARISON
July 2, 2014
Residential Refuse Multi – Family
Community Service Level
Rate Rate
Twice/wk – Garbage
N/A
Transition to Enterprise Once/wk – Recycling
City of Boca Raton
$16.00 Once/wk – Vegetation
Quarterly – Bulk Trash
$14.00/Mo. Current Twice/wk – Garbage
$10.75 per Unit
City of Boynton Beach ($15.00/Mo. Proposed for Once/wk – Recycling
($11.75/Mo. Proposed for
FY2014/15) Once/wk–Bulk/Vegetation
FY2014/15)
Twice/wk – Garbage
N/A
City of Lake Worth $20.48/Mo FY2010 Once/wk – Recycling
Once/wk–Bulk/Vegetation
Twice/wk – Garbage
N/A
Republic Services
Town of Lantana Once/wk – Recycling
$18.98/Mo
Bi-wkly–Bulk/Vegetation
Twice/wk – Garbage
$16.00/Mo
$14.00/Mo
Once/wk – Recycling
West Palm Beach + $2.45/Mo Recycling
+ 1.96/Mo Recycling WMI
Once/wk – Vegetation
Franchise WMI
Once/wk – Bulk
Twice/wk – Garbage
$6.56 / Unit
Franchise to WMI
Delray Beach Once/wk – Recycling
$12.72/Mo
Once/wk-Bulk/Vegetation
Twice/wk – Garbage
$7.07 / Unit
Franchise to WMI Once/wk – Recycling
Palm Springs
$11.58 / Mo Once/wk – Vegetation
Once/wk – Bulk
Twice/wk – Garbage
Franchise to WMI
$4.60 / Per Cubic Yard
Once/wk – Recycling
Royal Palm Beach $10.76 / Mo
Once/wk – Vegetation
+ $2.62 / Mo Recycling
Once/wk – Bulk
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14. A
FUTURE AGENDA ITEMS
September 2, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 3, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Discuss impact of pending legislation legalizing
EQUESTED CTION BY ITY OMMISSION
restricted use of medical marijuana - October 7, 2014
ER:
Vice Mayor Casello requested a future agenda item for
XPLANATION OF EQUEST
discussion of the impact of this legislation on city zoning, business licenses, etc. This
item will be scheduled for an August commission agenda.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. B
FUTURE AGENDA ITEMS
September 2, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 3, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Staff report on Human Rights Council's request for
EQUESTED CTION BY ITY OMMISSION
City to update its non-discrimination policy and offer domestic partnership benefits. - September
16, 2014
ER:
City Commission at the August 5, 2014 Commission
XPLANATION OF EQUEST
meeting requested that the Human Resources department prepare a staff report
concerning the above request.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. C
FUTURE AGENDA ITEMS
September 2, 2014
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
September 3, 2014
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Commissioner Merker would like to discuss
EQUESTED CTION BY ITY OMMISSION
offering Long Term Care insurance to City employee's as an additional benefit to be paid by
employee. - September 16, 2014
ER:
To discuss Long Term Care insurance coverage as an
XPLANATION OF EQUEST
option for City employee’s to participate in.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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