90-VVV ¢SO .U ON NO. SO- V'V
A RESOLUTION OF THE CITY COMMISSION OF
THE CiTY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A CERTAIN
STIPULATED SETTLEMENT AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND DEPARTMENT
OF COMMUNITY AFFAIRS FOR THE PURPOSE OF
BRINGING THE CITY'S COMPREHENSIVE PLAN
INTO COMPLIANCE, A COPY OF SAID
AGREEMENT BEING ATTACHED HERETO AS
EXHIBIT "1"; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT RESOLVED by the City Commission
~f the City of Boynton Beach, Florida, that:
Section 1. The Mayor and City Clerk are hereby
Luthorized and directed to execute that certain Agreement, a
:opy of which is attached hereto as Exhibit "1".
Section 2. This Resolution shall take
effect
immediately upon passage.
PASSED AND ADOPTED this
day of May, 1990.
BEACH, FLORIDA
Mayor
' o~?~ion~r
ATTE ST:
City Clerk
Commissioner
(Corporate Seal)
PLANNI~[G DEPT. MEMORANDUM NO.
AGENDA MEMORANDUM
III.
90-144
PUBLIC HEARING
H
cc: Btdg, Pla
Eng, Util
TO: u. Scott M!lt~'-, ~'~ y
FROM: Timothv_ Cannon, Acting ~'~u,~~.~..~ Director ~.~'
DATE: May I0, 1990
SUBJECT: Compliance Agreement Between City and
Department of Community Affazrs
Please place the following item on the City Commission agenda for
the May 15~ 1990 meeting under '~Vi. LEGAL: Resolutions'~. Please
note, however, thaS a public hearing regarding this matter has
been advertised for 6:30 p.m., and that this item should also be
included under ~III. PUBLIC HEARINGS"
Accompanying this memorandum, you will find a copy of a
Stipulated Settlement Agreement ("Compliance Agreement") between
the City of Boynton Beach and the Florida Department of Community
Affairs (DCA), aS well as a resolution approving same. Exhibit
"A" to this agreement is 5he Notice of intent to Find the
Comprehensive Plan Not in Compliance. Exhibit "B" consists of
amendments that would be made to the Plan, ms well as a timetable
for completion of the data and analysis for the Capital
Improvements Element. Execution of this'agreement would abate
the administrative hearing Florida Department of Administration,
provided that no other parties intervene. This hearing has been
scheduled for June 27-29, 1990 at 9:00 a.m. at Boynton Beach City
Hall.
The Compliance Agreement specifies that the amendments to the
Plan and Support documents shall be transmitted to the Department
of Community Affairs within sixty days of the execution of the
agreement. These amendments would be considered at hearings
before the Planning and Zoning Board and City Commission in June,
1990. and would be subsequently transmitted to DCA for their
review. The Compliance Agreement also requires that a public
hearing be held prior to approval of same by the City Commission.
Exhibit "E" has been transmitted no the Department of Community
Affairs for preizminary review by that agency, if any changes to
Exhibit "B" are recommended by DCA, the Commission will be
informed of these changes at the May 15 meeting. Since the
various parts of Exhibit "B" have originated from different
sources, the format and typestyie of this exhibit will be
standardized prior no transmittal to DCA.
Timothy P. Cannon
EXHIBIT "A"
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
NOTICE OF INTENT TO FIND THE
CITY OF BOYNTON BEACH
COMPREHENSIVE PLAN NOT IN COMPLIANCE
DOCKET NO. 89-NOI-5005-(N)
The Department gives notice of its intent to find the City
of Boynton Beach Comprehensive Plan, NOT IN COMPLIANCE pursuant
to Section 163,3184, F.S.
The adopted City of Boynton Beach'Comprehensive Plan, the
Department's Objections, Recommendations and Comments Report, and
the Department's Statement of Intent to Find the Comprehensive
Plan Not in Compliance will be available for public inspection
Monday through Friday, except for legal holidays, during normal
business hours, at the City Hall, Planning Department, 100 East
Boynton Beach Boulevard, Boynton Beach, Florida 33435.
This Notice of Intent and the Statement of Intent will be
forwarded to the Division of Administrative Hearings of the
Department of Administration for the scheduling of an administra-
tive hearing pursuant to Section 120.57, F.S. The purpose of the
administrative hearing will be to present evidence and testimony
and forward a recommended order to the Administration Commission.
Any affected person, as defined in Section 163.3184, F.S.,
may petition for leave to intervene in the proceeding. A
petition for intervention must be filed at least five (5) days
before the date set for the final hearing and must include all of
the information and contents described in Rule 22I-6.010, F.A.C.
A petition for leave to intervene shall be filed at the Division
of Administrative Hearings, Department of Administration, 1230
Apalachee Parkway, Tallahassee, Florida 32399-1550. Failure to
petition to intervene within the allowed time frame constitutes a
waiver of any right such person has to request a hearing under
Section 120.57, F.S.
Paul R. Bradshaw, Director
Department of Community Affairs
Division of Resource Planning
and Management-
2740 Centerview Drive
Tallahassee, Florida 32399-2100
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS
Plaintiff
vs.
CITY OF BOYNTON BEACH,
Respondent.
STIPULATED SETTLEMENT AGREEMENT
Petitioner, Florida Department of Community Affairs
(Department) and Respondent, City of Boynton Beach, hereby
stipulate and agree as follows:
GENERAL PROVISIONS
1. Definitions.
following words and
meanings:
a. Act: The
As used in this agreement,
phrases shall have the
the
following
Local Government Comprehensive
Planning and Land Development Regulation Act, as codified in
Part II, Chapter 163, Florida Statutes (1987).
b. Agreement: This stipulated settlement
agreement.
Comprehensive Plan or plan: City of Boynton
Beach Comprehensive Plan, as adopted by Ordinance No. 89-38
on November 7, 1989.
Hearings.
with
Se
Sections
DOAH: The Florida Division of Administrative
In Compliance or into compliance: Consistent
163.3177, 163.3178 and 163.3191, Florida
Statutes, Section 187.301, Florida Statutes, the -Treasure
Coast Regional Policy plan, as adopted by Rule 29K-5.001,
Florida Administrative
Administrative Code.
f. Notice:
Code, and Chapter 9J-5, Florida
The notice of intent issued by the
Department to which was attached its statement of intent to
find the plan not in compliance dated January 10, 1990.
g. Petition: The petition for administrative
hearing and relief filed by the Department on March 1, 1990,
that initiated proceedings before DOAH in this case (Case
No. 90-0309GM).
h. Remedial Action: A remedial plan amendment,
submission of support document or other action described in
the statement of intent or this agreement as an action which
must be completed to bring the plan into compliance.
i. Remedial plan amendment: An amendment to the
plan or support document, the need for which is identified
in this agreement, including its exhibits, and which the
City must adopt to complete all remedial actions. Remedial
plan amendments adopted pursuant to this agreement must be
consistent with and substantially similar in concept and
intent to the ones identified in this agreement or be
otherwise acceptable to the Department.
j. Statement of Intent: The statement of intent
to find the plan not in compliance dated January 10, 1990.
k. SupDort document: The studies-, inventory
maps, surveys, data, inventories, listings or analyses used
to develop and support the plan adopted by the City on
November 7, 1989.
2. Entire Aqreement. This is the entire agreement
between the parties and no verbal or written assurance or
promise is effective or binding unless included in this
document.
3. Approval by governing body. This agreement has
been approved by the City governing body at a public hearing
advertised in an advertisement published approximately 14
days prior to the hearing in the manner prescribed for
advertisements in Section 163.3184(15)(b), Florida Statutes.
This agreement has been executed by the appropriate City
officer as provided in the City's charter or other
regulations.
4. Chanqes in law. Nothing in this agreement shall
be construed to relieve either party from adhering to the
law, and in the event of a change in any statute or
administrative regulation inconsistent with this agreement,
the statute or regulation shall take precedence.
5. Other persons unaffected: Nothing in this
agreement shall be deemed to affect the rights of any person
under the law other than the parties.
6. Attorney fees and costs. Each party shall bear
its own costs, including attorney fees.
7. Public Records. The City shall allow public
access to all documents, reports, papers, letters or other
material, subject to the provision of Chapter 119, Florida
Statutes, prepared or received by the City in conjunction
with this agreement. It is expressly understood that upon
receipt of substantial evidence of the City's refusal to
terminate this agreement for breach.
8. Liability. The City hereby agrees to hold
harmless the Department, to the extent allowed and required
by law, from all claims, demands, liabilities and suits of
third persons or entities not a party to this agreement
arising out of, or due to any act, occurrence, or omission
of the City, its subcontractors.or agents, if any, that is
related to the City's performance under this agreement.
9. Effective Date. This agreement shall become
effective upon the last date of signing by the parties.
PART I
10. Purpose of Part I. The parties enter into Part I
of this agreement in a spirit of cooperation for the purpose
of avoiding costly, lengthy and unnecessary litigation and
in recognition of the desire for the speedy and reasonable
resolution of disputes arising out of or related to the
plan.
11. Department powers. The Department is the state
land planning agency and has the power and duty to
administer and enforce the Act and to determine whether the
plan is in compliance.
12. Exhibits. Exhibits A and B are hereby
incorporated by reference. In the event of conflict between
Exhibit A and Exhibit B, the provisions of Exhibit B shall
control.
13. Adoption of plan and support document. The City
provided the support documents and adopted the plan by
ordinance at a properly advertised public hearing held on
November 7, 1989.
14. Review of plan and finds of noncompliance. After
reviewing the adopted plan the Department issues its notice
and statement of intent to find the plan not in compliance
and filed the petition in this case to that effect.
15. Standinq to file notice and petition. The
Department met the requirements of Section 163.3184(8),
Florida Statutes, because it participated in the adoption
public hearing and based its determination of compliance and
its notice and statement of intent only on its written
objections and recommendations to the plan pursuant to
5
Section 163.3184(6), Florida Statutes, or on any changes
made by the City to the plan as adopted.
16. Negotiation of agreement: intent. Subsequent to
the filing of the petition the parties conferred and agreed
to resolve the issues in the petition, notice and statement
of intent through this agreement. It is the intent of this
agreement to resolve fully all issues between the parties in
this proceeding.
17. Dismissal recommendation. If the City completes
the remedial actions required by this agreement, including
the adoption of required plan amendments as set forth
herein, the Department shall request that the Administration
Commission enter an order dismissing this proceeding withOut
imposing any sanction that might otherwise be imposed under
the Act. Thereafter, the Department shall take every action
necessary to effectuate this paragraph.
18. Filing and continuance. This agreement shall be
filed with DOAH by the Department after execution by the
parties and shall constitute a joint request that the DOAH
continue this proceeding for a time sufficient to allow the
parties to complete their responsibilities under the
agreement. However, the Department may request DOAH to
schedule a hearing of this proceeding at an earliest time,
as provided in this agreement.
19. Retention of right to final hearings. Both
parties hereby retain the right to have a final hearing in
this proceeding and nothing in this agreement shall be
deemed a waiver of such right.
20. Description of provisions not in compliance and
remedial actions; legal effect of agreement. Exhibit A to
this agreement is the statement of intent and contains a
description of the plan provisions found not in compliance
by the Department and remedial action needed to bring the
plan into compliance. It also constitutes an admission and
stipulation by the Department that if the described remedial
actions are accomplished the plan will be in compliance.
Exhibit B contains additional detail regarding some
provisions not in compliance and remedial actions needed for
compliance. In the event of a conflict between Exhibit A
and Exhibit B, the provisions in Exhibit B shall control.
21. Remedial actions to be considered for adoption.
The City agrees to adopt by formal action of its governing
body all remedial actions described in Exhibit A (as
modified by Exhibit B) no later than the time period
provided for in this agreement.
22. Transmittal hearing for remedial actions. Within
60 days after the effective date of this agreement the City
shall deliver to the Department, after a transmittal public
hearing pursuant to Section 163.3184(3) of the Act, which
7
shall be advertised in a
published approximately 14 day~
manner prescribed for a.
163.3184(15)(c), Florida Stat
including all remedial pla
documents, along with a trans]
remedial action taken for eac
including references to specifi
23. Review of transmitt
provide the City with its ob~
comments on the remedial amendm
the manner provided in Chapter
Code, and Subsections 163.3184(
the City fails to deliver
amendment or support document
Exhibit B, the Department may
this proceeding as provided in
24. Adoption or approval
Within 60 days after receipt of
recommendations and comments,
adoption all remedial plan amei
quarter-page advertisement
prior to the hearing in the
lvertisements in Section
ltes, all remedial actions,
n amendments and support
~ittal letter describing the
part of the plan amended,
c portions and pages.
.al. The Department shall
ections, recommendations and
ents and support documents in
9J-11, Florida Administrative
3)-(7), Florida Statutes. If
rejects any remedial plan
described in Exhibit A or
Rove for a final hearing for
Paragraph 9 above.
of remedial plan amendments.
the Department's objections,
the City shall consider for
dments and amendments to the
support document, and
transmittal letter to
Subsection 163.3184(7),
9J-11.011(3), F.A.C.
deli~
the
Flo
The lette
er the amendments and a
)epartment as provided in
rida Statutes, and Rule
shall describe the remedial
8
actiOn adopted for each part of the plan amended, including
references to specific portions and pages.
25. Review of adoption and notice of intent. Within
45 days after receipt of the adopted remedial plan
amendments and support documents, the Department shall issue
a notice of intent pursuant to Section 163.3184, Florida
Statutes, for the complete comprehensive plan, as amended,
in accordance with this agreement.
a. In compliance: If the adopted remedial
actions are consistent with the recommendations in Exhibit A
or Exhibit Bt the Department shall find the plan and plan
amendments in compliance and shall request that DOAH
relinquish jurisdiction and join the Department in
requesting that the Administration Commission adopt a final
order dismissing this proceeding.
b. Not in compliance: If the remedial actions
are not adopted, or are not consistent with and
substantially similar to the recommendations in Exhibit A or
Exhibit B, the Department shall issue a notice of intent to
find the plan not in compliance and shall forward the notice
to DOAH for a hearing as provided in Subsection
163.3184(10), Florida Statutes, and request that the matter
be consolidated with the pending proceeding for a single,
final hearing. The parties hereby stipulate to that
consolidation and to the setting of a single, final hearing.
IN RE:
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
CITY OF BOYNTON BEACH )
COMPREHENSIVE PLAN )
ADOPTED BY )
ORDINANCE~ NO. 89-38 )
ON NOVEMBER 7, 1989 )
)
DOCKET NO.
89-NOI-5005-(N)
STATEMENT OF INTENT TO FIND
COMPREHENSIVE PLAN
NOT IN COMPLIANCE
The Florida Department of Community Affairs hereby issues
its Statement of Intent to find the Comprehensive Plan of the
City of Boynton Beach adopted by Ordinance No. 89-38 on November
7, 1989, Not In Compliance based upon the material in the
Objections, Recommendations and Comments. Report issued by the
Department on September 11, 1989, which is hereby incorporated by
reference, and changes made to the plan as adopted that were not
previously reviewed by the Department. The Department finds that
the plan is not "in compliance," pursuant to Section
163.3184(1)(b), Florida Statutes (F.S.), because it is not
consistent with Sections 163.3177, 163.3178 and 163.3191, F.S.,
the State Comprehensive Plan, the Treasure Coast Comprehensive
Policy Plan, and Rule Chapter 9J-5, Florida Administrative Code
(F.A.C.), for the following reasons:
I. CONCURRENCY
A. InconsiStent Provisions. The inconsistent provisions of
the plan grouped under this subject heading are as follows:
1. The plan does not include a policy which addresses and
ensures the availability of public facilities to serve
developments for which development orders were issued prior to
the adoption of the comprehensive plan. Rule 9J-5.~016(3) (c)5.,
F.A.C.
B. Recommended remedial actions. These inconsistencies may
be remedied by taking the following actions:
1. Revise the plan to include a policy or policies to
address and ensure the availability of public facilities to
serve developments for which development orders were issued prior
to the adoption of the comprehensive plan.
II. LEVEL OF SERVICE STANDARDS
A. Inconsistent Drovisions. The inconsistent provisions of
the plan grouped under this subject heading are as follows:
1. The level of service (LOS) standards for drainage
facilities are not supported by the data and analysis. Rule 9J-
5.005(2), F.A.C. The plan does state that the required data and
analysis is not currently available and that the City will
generate a Drainage Master Plan by the end of Fiscal Year 1991.
However, the general references to a proposed drainage study and
resulting master drainage plan do not commit the City to a
specific date for commencement or'completion of the study or
s~ecify when the plan will be amended to incorporate and
implement the resulting recommendations. In addition, the City's
commitment to the development of a Drainage Master Plan is
limited to addressing only the stormwater drainage system owned
2
by the City. The data and analysis indicates that a variety of
entitiDs own and operate stormwater drainage facilities within
the City. The plan does not include a policy or policies to
address those systems not owned or operated by the City. Rules
9J-5.016(3) (c)4. and 9J-5.005(3)~, F.A.C.
2. Objective 2.1 establishes LOS standards at peak hour
conditions for traffic circulation facilities. It does not
specify which roads or road segments will be assigned LOS
standard "Maintain." Rule 9J-5.007(3) (c) l., F.A.C. It
establishes an LOS standard of "D" at peak hour for the following
road segments operating at LOS "E" or "F" which means the LOS
standards are not supported by the data and analysis (Rule 9J-
5. 005 (2) (a), F.A.C.):
a) Interstate 95 (from Boynton Beach Blvd. to Woolbright Road),
b) Boynton Beach Blvd. (from Old Boynton Road to Interstate 95),
c) Congress Avenue (from Boynton Beach Blvd. to the Southern City
limits), and
d) Hypoluxo Road (east of Congress Avenue).
B. Recommended remedial actions. These inconsistencies may
be remedied by taking the following actions:
1. Revise Objective 3B.1 and Policies 3B.1.2, 3B.1.4 and
3B.l.10, or add an additional objective or policy, to specify
when the Drainage Master Plan will be completed.
2. Revise Policy 3B.l. I1 to specify when the plan will be
amended to implement the recommendation of the Drainage Master
Plan.
3. Revise Policy 3B.1.4 to specify that the Drainage
Master Plan will address all stormwater drainage system in the
City.
4. Revise Objective 2.1 to specify which roads or road
segments will be assigned LOS standard "maintain".
5. Revise Objective 2.1 to establish LOS standards for
peak hour conditions for the following roads or road segments
which are supported by the data and analysis and that are
compatible with the respective LOS standards adopted by the
Florida Department of Transportation (FDOT) to the maximum extent
feasible: a) Interstate 95 (from Boynton Beach Blvd. to
Woolbright Road), b) Boynton Beach Blvd. (from Old Boynton Road
to Interstate 95), c) Congress Avenue (from Boynton Beach Blvd.
to the Southern city limits) and d) Hypoluxo Road (east of
Congress Avenue). Any LOS standard below the FDOT standard must
be justified as being adequate and compatible with the FDOT
standard to the maximum extent feasible and must be coordinated
with the FDOT pursuant to Rules 9J~5.015(3) and 9J-5.0055(1)(d),
F.A.C.
III. CAPITAL IMPROVEMENTS ELEMENT
A. Inconsistent provisions. The inconsistent provisions of
the plan grouped under this subject heading are as follows:
1. The Capital Improvements Schedule of Improvements is
not consistent with the projections of capital expenditures for
drainage facility improvements as identified in the Drainage Sub-
Element in Table B-2 (Volume I, pg. B-19 of the Support
Document). Section 163.3177(2), F.S., and Rule 9J-5.005(5),
F.A.C.
2. The Capital Improvements Schedule of Improvements is
not supported by the data and analysis provided in the Capital
Improvements Element because the analysis Joes not address or
include projections of all expenditures, revenues from all
revenue sources and certain tax bases, operating cost
considerations and debt capacity. Rules 9J-5.005(2) and 9J-
5.016(2) (f) l., 4., 5. and 6., F.A.C.
3. The Capital Improvements Schedule of Improvements does
not contain a de'termination of consistency with individual
comprehensive plan elements. Rule 9J-5.016(4) (a)l.b., F.A.C.
4. The Capital Improvements Elemen~ Policy 9D.4.2 does not
specify the minimum debt service coverage ratio to guide the
development and implementation of all future bond issues. Rule
9J-5.016(3) (c)2., F.A.C.
B. Recommended remedial actions. These inconsistencies may
be ~emedied by taking the following actions:
1. Revise the Capital Improvements Schedule of
Improvements to be consistent with the projections of capital
expenditures for drainage facility improvements as identified in
the Drainage Sub-Element.
2. Revise the analysis in the Capital Improvements Element
to include projections of all expenditures, revenues for all
revenue sources and tax bases, operating cost considerations, and
debt capacity. The projections must be for five years subsequent
to the plan's adoption.
J. Revise the Capital Improvements Schedule of
Improvements to contain a determination of consistency with
individual comprehensive plan elements.
4. Revise the Capital Improvements Element Policy 9D.4.2
to specify the minimum debt service coverage ratio to guide the
development and implementation of all future bond issues.
IV. RESOURCES OF STATE OR REGIONAL SIGNIFICANCE
A. Inconsistent provisions. The inconsistent provisions of
the plan grouped-under this subject heading are as follows:
1. A policy has not been included for the restoration or
enhancement of disturbed or degraded estuaries. Rule 9J-
5.012(3) (c)2., F.A.C.
2. A policy has not been included for the protection of
estuaries which are within the jurisdiction of more than one
local government. Rule 9J-5.012(3) (c) 13., F.A.C.
B. Recommended remedial actions. These inconsistencies may
be remedied by taking the following actions:
1. Revise the plan to include a policy or policies which
address the restoration or enhancement of disturbed or degraded
estuaries. The policy or policies must include programs to'
mitigate future disruptions or degradation of estuaries.
2. Revise the plan to include a policy or policies for the
protection of estuaries which are within the jurisdiction of more
than one local government.
V. CONSISTENCY WITH THE STATE PLAN
A- Inconsistent provisions. The inconsistent provisions of
the plan grouped under this subject heading are as follows:
1. The plan is not compatible with and does not further
the following goals and polices of the State Comprehensive Plan
(Section 187.201, F.S., and Rule 9J-5.021(1), F.A.C.):
(a) Goal 8 (Water ReSources), Policies 10 and 12;
(b) Goal 9 (Coastal and Marine Resources), Policy 7;
(c) Goal 16 (Land Use), Policy 6;
(d) Goal 18 (Public Facilities), Policies 4, 7, and 9;
(e) Goal 20 (Transportation), Policies 2, 3, 9, 13;
(f) Goal 21 (Governmental Efficiency), Policies 1, 5 and 13; and
(g) Goal 26 (Plan Implementation), Policies 7 and 8.
B. Recommended remedial actions. These inconsistencies may
be remedied by taking the following actions:
1. Revise the plan to include objectives and policies that
are compatible with and further the above referenced goals and
policies of the State Comprehensive Plan.
VI. CONSISTENCY WITH THE COMPREHENSIVE REGIONAL POLICY PLAN
A. Inconsistent provisions. The inconsistent Provisions of
the plan grouped under this-Subject heading are as follows:
1. The plan does not adequately address and further the
following goals and policies of the Treasure Coast Comprehensive
Regional Policy Plan (Rule 9J-5.021(1), F.A.C.):
(a) Goal 8.2.1 (Water Sources Protection), Policy 8.2.1.3;
(b) Goal 19.1.1 (Transportation), Policy 10.1.1.2; and
(c) Goal 19.2.1 (Transportation), Policy 19.2.1.3; and 20.1.1.2.
B. Recommended remedial actions. These inconsistencies may
be remedied by taking the following actions:
1. Revise the plan to include objectives and policies that
are compatible with and further the above referenced goals and
policies of the Treasure Coast Comprehensive Regional Policy
Plan.
CONCLUSIONS OF LAW
Based upon'these findings, the Department makes the
following conclusions of law:
1. The Plan is not consistent with the Treasure Coast
Comprehensive Regional Policy Plan.
The Plan is not consistent with the State Comprehensive
Plan.
3.
The Plan is not consistent.with the requirements of
Chgpter 9J-5, F.A.C.
4. The Plan is not consistent with the requirement of
Section 163.3177, F.S.
5. The Plan is not "in compliance," as defined in Section
163.3184(1) (b), F.S.
6. In order to bring the plan into compliance, the City
may complete the recommended remedial actions described or adopt
other remedial actions that eliminate the inconsistencies.
Executed this i/Oday of January, 1990, at Tallahassee,
Florida.
FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS
Division Director
Division of Resource Planning
and Management
2740 Centerview Drive
Tallahassee, Florida 32399-2100
The Department may also move for a final hearing of this
proceeding as provided in Paragraph 19 above. In any
proceeding under this paragraph, the City shall have the
burden of providing by a p~eponderance of the evidence that
an adopted remedial action is consistent with and
substantially similar to the recommendations in Exhibit A or
Exhibit B.
26. Waiver. The parties waive any right to appeal or
initiate proceedings on, or to otherwise challenge on any
ground in any forum, the plan as amended, so long as the
provisions of this agreement are complied with. Both
parties reserve the right to appeal the inclusion of any
to the plan that is not included in this
amendment
agreement.
27.
Concurrent amendment. Nothing in this agreement
shall be construed to prohibit the amendment of the plan
concurrent with the adoption of this agreement.
PART II
28. Purpose of Part II. The parties enter into Part
II of this agreement to provide funding to assist the City
to undertake the remedial actions necessary to bring the
adopted plan submitted pursuant to Subsection 163.3167(2),
F.S. an Chapter 9J-12, F.A.C. into compliance.
29. Availability of Funds. Payment of state funds
pursuant to this agreement is subject to and conditioned
10
upon the total release of authorized appropriations form the
Local Government Comprehensive Planning Assistance Program
provided by-Chapter 88-555, Laws of Florida. The State of
Florida's performance and obligation to pay under this
agreement is contingent upon an annual appropriation by the
Legislature as noted in Section 287.0582, Florida Statutes.
30. Consideration.
a. As consideration for work performed under this
agreement, the Department agrees to pay a fixed fee of up to
$ ~~, ~ Payment will be based on the payment
schedule contained in paragraph 31 below.
b. Use of Funds: Funds may not be used for the
purchase of equipment, fixtures, or other tangible property
of a non-consumable and nonexpendable nature with an
expected useful life which exceeds the duration of this
contract. Funds may also not be used for attorney fees.
31. Method of Payment.
Deliverable
Proposed remedial acti6n
Adopted remedial action
Total
Due Date Payment
No later than 60 $ ~~
days after execution
of agreement
No later than $ ~~
~time frames specified
in s. 163.3184(7) F.S.
for transmittal of
adopted plan amendments
The first payment will be made by the Department after
receipt of the deliverable which will be verified by the
Department to include all rgquired proposed remedial action.
The final payment will be made after receipt of the adopted
remedial actions and issuance by the Department of a Notice
of Intent to find the plan in compliance.
32. Audit Requirements.
a. The City agrees to maintain adequate financial
procedures and adequate support documents to account for the
expenditures of funds under Part II of this agreement.
b. These records shall be available at all
reasonable times for inspection, review, or audit by state
personnel and other personnel duly authorized by the
Department. "Reasonable" shall be construed according to
circumstances, but ordinarily shall mean normal business
hours of 8:00 A.M. to 5:00 P.M., local time, Monday through
Friday.
c. The City shall also provide 'the Department
with the records, reports or financial statements upon
request for the purposes of auditing and monitoring the
funds awarded under Part II of this agreement.
d. The City shall include an accounting of these
funds under Part II of this agreement in the local audit
12
prepared by the City of the 1989-90 and 1990-91 fiscal
years.
e. In the event the audit shows that all or a
portion of the funds provided under Part II, were not spent
in accordance with Chapter 9J-26, Florida Administrative
Code, and the conditions of this agreement, the City shall
be held liable for repayment to the Department of all funds
not spent in accordance with these applicable regulations
and agreement provisions within thirty (30) days after the
Department has notified the City of such noncompliance.
f. The City shall retain all financial records,
supporting documents, statistical records, and any other
documents pertinent to Part II of this agreement for a
period of three years after the date of submission of the
final expenditures report or, if an audit has been initiated
and audit findings have not been resolved at the end of
three years, the records shall be retained until resolution
of the audit findings.
33. Modification of Part II. Either pa~ty may request
modification of the pr6visions of Part II of this agreement.
Changes which are mu~ually agreed upon sh~ll be made by
written correspondence from the Department, by the parties
and incorporated as part of this agreement.
This agreement contains all the terms and conditions
agreed to by the parties.
13
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by the undersigned officials as
duly authorized.
DEPARTMENT OF COMMUNITY
AFFAIRS
Date
//
MAYOR
Date
Senior Attorney
Attest:
~~.i i~'ty of Bo~R~t0hn~Beach
14
EXHIBIT
REMEDIAL~%'~q_~.~ NECESSARY TO BRING THE CiTY OF BOVWTn,~N E~EACH
~oMrREHENSIVE PLAN INTO COMPLIANCE WITH THE REQUIREHENTS ~=
CHAPTER 163, PART_~'r-, FLORIDA STATUTES, CHAPTER 9J-5_, _~,~..~°~m~
ADMINiSTRATiVE CODE, THE STATE COMPREHENSIVE PLAN, AND THE
TREASURE COAST R~GI~I,,~.m PCLiCY PLAN.
The foilewing comprehensive Plan goals, objectives, -and pciic~es
sh~l! be amended or added, by adding the words and figures in
underlined hype, and by deleting the words and figures in s~ruck-
~hrcugh type as follows:
Traffic Circulation Element
Objective 2.i
Po!icy 2.1.6
subsequen~ to plan adoption the City shall provide
a transporza~zon network based on the following
minimum level of service standards:
Level of Service "C" or better under daily
and peak hour conditions on all unspecified ?~*-~
and collector highway facilities.
Level of Service "C" for average daily and
LOS ~'D" for dally peak season and year-round
peak hour coniitions cn all non-specified
arterial facilities.
Level of Service "D" for yearound !ally and
peak hour conditions on Seacrest Boulevard south
of SE 23rd Avenue, US ! between Boynton Beach
~oulevard and Woolbright Road, 1-95 through the
City, Boynton Beach Boulevard from Old Boynton
Road to 1-95, NW 22nd Avenue between Congress
Avenue and 1-95, Congress Avenue between Boyntcn
Beach Boulevard and NW 22nd Avenue and Boynton
Beach Boulevard east of 1-95.
Level of Servmce "Maintain" for
.....
1-95 from Boynton Beach Boulevard to Woolbri~ht
Road, Bovnton Beach Boulevard from Old Boynton
Road ~o 1-95, .Conqress Avenue from Boynton Beach
Eoulevard no the south City limits and HvDoi~%xo
Road east of 1-95.have-bee~-e~eee~eR=
Subsequenn to the adopnion of the County-wid~
~raffic Performance standards Ordinance, requzre
conformance to the Level of Service Standards set
forth in that ordinance~ except where reasonable
exceptions h~ve been approved in accordance with
tllat ordinance and de-no~ exceed ~b.e Level of
Service S~andards set forth in~0~ m'=~c~'-=~z.z .... ~ !.
Qbjective 2=}1 Subsequent to Plan adoption, assist CoTran in
providing efficient mass transit services based on
existing and future trip generators and attractors
and also provide local mass transit road and
terminal areas which are safe for transit users.
Policy 2.11.1
.$UDDor~ the transit shelter and terminal
deveio_pmen.u pr. ograms of CoTran, the oroposed High
Speed Rail Project and of the Tri-County Commuter
Rail Authority.
Policy 2.11.2
Subsequent to Plan aloDtion, modify !anS
deveio~ment regulations to encouraqe 5ne provision
of transit related shelters in major land
deve!opmenE prolects.
Policy 2.il.3
The P!ann~n~ Department will establish procedures
subsequent to Plan adoption that notify the CoTran
of new developments in the City that are major
trip ~enerators and attractors.
Policy ~
~.!1.4
The City will assist CoTran in route selec~on+~ , and
Dubiicitv by reviewinq and commenting on proposed
route revisions and mrovidinq space at City
offices for CoTran schedule informanion.
conservation Elemen5
Policy 7.2.1
within three ~w~ years of Plan adoption, the City
Enqmneerlnq and/or Utilities Department will
· n~tiate a study to investigaEe the feasibility of
retrofitting exmsting City owned and operated
drainage outfalls with pollution conEro! devices.
The City Manager's Office or its designated
represensatmve will a~ seek grants or funding
~e~-a-~eme~a~e~p~e~ee~ dur~n~ FY 91 for th~
feasibility study. If no Grant money is available
to perform this study, the snudy will be paid for
out cf the Utility Fund. The comprehensive Plan
shall ~e amended as appropriate, in accordance
with the findinqs of this st~dv.
Policy 7.2.2.
Within three ~we years of Plan adoption, the 'City
Engineering and/or Utilit~
~ .... Department will
mnitiate a study to investigate the feasibility of
mnstituting a program of street sweeping roadways
and parking areas that drain inmc the intracoastal
Waterway. The City Manager's Office or its
des'~qnated representative will seek grants or
funding during FY 91 for the feasibility study.
If no grant money is available to eerform this
study, the study will be paid for oun of the
Utility Fund. The Comprehensive Plan
shall be amended as appropriate, in accordance
with the findings of this study.
Po!!sy ~.2.3.
Policy 7.2.4.
Policy 7.2.6
Policy 7.2.7
Policy 7.~. ' $
Subsequent to Plan adoption, modify the land
development regulations to include
construction threshold criteria such that major
modifications to existing uses conform to local
and regional storm drainage requirements.
Within four ~h~ee years of Plan adoption, the City
Engineering and/or Utilities Department wi!]
initiate a study tp investigate maintenance
dredging of the marina and residential finger
canals to improve navmga~icn and remove toxic
sediments. The City Manager's Office or its
designated representasive will seek grants or
funding during FY 92 for the feasibm!ity sEudy.
If no grant money is available to perform this
study, the study will be paid for out of the
Utility Fund. The Comprehensive Plan
Shall be amended as appropriate, in accordanc~
with the findincs of this study.
Within two years of Plan adoption, the City
Manager's Office or its designated representativ~
will initiate discussions with the Florida
Department of Transportation relative to improving
tile water quality of storm water discharges.
Within two years of Plan adoption, the City
Manager's Office or its desz~nated representativ~
will initiate discussions wzth the South Florida
Water Management District reiatmve to improving
the water quality of storm water discharges from
the C-16 (Boynton Beach) Canal.
Within two years of Plan adoption, the City
M~na~er's Office or its designated representativ~
will initiate discussions with the adjacent
communities of Manalapan, Hypoluxo. Ocean Ridge,
Briny Breezes, Gulf Stream, and Palm Beach County
relative to establishing a !ong-nerm water quality
improvemenn program for Lake Worth and the
Intracoastal Waterway.
Po!icy 7 ~ ~
Objective 7.8
Pc!icy 7.8.!
Policy 7.8.i0
S'' to Plan .
aDsequen~ adopE!on the City Commission
will adopt resolutions 5hmt request ~eek support
and funding from County, State, and Federal
agencies relative tq em establishing a long-term
water ~ua~3_ improvement, program ~I=^- Lake Worth
and the in~racoastai Waterway.
Subsequent to Plan adoption, or when mandated by
state statute, protect, conserve and, where
possible, improve local wildlife, coastal
wetlands, estuaries, coastal barriers and marine
habitats.
Subsequent 5o Plan adoption, modify ~he land
development regulations to discourage site clear
cutting and protect, restore'and enhance, where
possible, existing natural areas and native
species, such as beaches and dunes, wetlands,
estuaries and drainage systems.
Subsequent to Plan adoption, modify the land
development regulations to consider the specific
and cumulative impacus of development or
redevelopment on wetlands, estuarzes, water
quality, waser quantity, wildlife habitats, living
marine rescurces and beach and dune systems.
Sanitary Sewer Sub-Element
Po!icy 3A.i.3
Development with individual septic tanks
shall only be permitted f-or densities of
dwelling unit per acre or less.
Po!icy 3A.!.4
The City wili participate in and support th~
State's po!icy to eliminate the discharge of
inadequately treated wastewater and stormwater
runoff into the waters of the state.
Objective 3A.5
~e~ewe~epme~-w~-be-e~e~a~e~-~-a~eas
Prevention of Urban Sprawl. The City will prevent
urban sprawl by requiring orderly, compact
development of the 'sanitary sewer service area.
Drainage Sub-Element
objective 3B.I Adequate Facilities. The City of Boynton Beach
will require and enforce standards of the SFWMD
and the LWDD such that sufficien5 stormwater
4
drainage facilities to address existing
def!cienclesF minimize ~amage to public and
private propertyr protect surface and ~roundwater
euaiitv and ~uantitv, and meet future needs are
consEructed and maintained in the City limits.
The facilities needed in the City w!ll be
desermined through a drainage mast_er p±an.~mng
process~/ ~-h~,~ will include amendment of the
Comprehensive Plan b%~ December 31, 1991.
Policy 3B.i.2
Policy 3B.i.4
New stormwater drainage facilities wzi! be
constructed to eliminate deficiencies-mn the
existing system if they become necessary.
Eaciiities and pro~ects needed will be specified
in the drainage master plan.
· he A drainage master plan w~½ shall be prepared
5o identify and prioritize needs for expansion~
replacement, and improvement to the stormwater
drainage system-~wme~-By ~n the City. The
drainage master plan ~{i!! be initiated bv the City
by June 30, 1990, and completed bv June 30, 1991.
A draft copv of the drainage master ~lan will be
forwarded to the LWDD, the SFWMD, and the Palm
Beach County Department of Engineering and Public
Works for inpuE prmor to adoption, and to
coordinate inter-jurisdictional s~ormwater
planning and management issues.
Policy 3B.i.9
Drainage faci!iuies owned by the SFWMD, LWDD,
DOT, or county that are zn the City should be
maintained by the entity-that owns them. The City
will inform and cooperate with these entitites as
they repair or maintain their structures in the
City. Needs related to these facilities will be
determined in the drainage master plan.
Policy 3B.I.!0 Priorities for replacement, correcting existing
deficiencies, and providing for future needs will
be made according to need. The need shall be
de~erm~ned by the Bep~me~-ef-~ee~g ~itv
through a drainage master planning process. The
priorities shall be reflected in the CIE such that
the improvements of highest priority and needed
first shall be implemented first, in order to
provide for public health and safety, the adopte~
~ea~a~ level of service, and operational
efficmency.
Policy 3B.!.ll The comprehensive plan will be amended by
December 31, 1991 a~-~eee~a~y/~/~~ tq
· nciude the recommendations and imp!emendation
strategies of the drainage master olan.
5
Objective 3B.2 Protect Receiving Waters. The City of Boynton
Beach will protect the quality and quantity of
surface water and ~roundwater-~eee~¥~-beR~es-9~
f~em-ee~am~a~-~es~~ from direct
discharges of stormwater runoff.
Objective 3B.4 Land Development Code. By 1990, the stormwater
drainage regulations contained in the City's land
development code W~ZZ shall provide for protection
of the City's natural drainage features, which are
the Atlantic Ocean, the Intracoasta! Waterway, and
Lake Worth; and shall ensure that future
development utilizes stormwater management systems
ccmpatible with the City's drainage sub-element.
Policy 3B.4.!
The City p~~/~~6K~ ~il! prepare
amendments to the stormwacer drainage provisions
of the land development code to ensure that new
developments are required to manage runoff from a
three day 25 year storm.
Potable Water Sub-Element
Policy 3C.!.6
All new and existing structures shall be required
to connect to public, 9~M~/ regional, or
municipal water and wastewater systems 'when such
systems become available.
Policy 3c.3.7
Water use allocation for emergency drought shall
avoid irreversibie impact on ecological systems
and m~nmmmze long term adverse impacts cn all
sectors/ in accordance with the SFWMD emergency
drouqht plan.
Poticv 3D.I.6
The negative impacts of existinc land us~
activities on surface water and qroundwater
quaiitv and ~uantitv shall be minimized, to the
maximum extent possible., throuqh enforcement of bv
retrofitt~nq which would incorporate appropriate
water ~ualit¥ manaqement techniques.
capital Improvements Element
Poiicv 9D.5.4 By June 17 1990, the City shall include in its
ConcDrrDncv Manaqement Ordinance~ the Droviszons
w_hich address and ensure the availability of
Dubiic facilities to serve development .projects
for which development orders were issued prior to
the effective date of the City's Concurrencv
Manaqement Ordinance~ as follows ("exempt"
projects shall be defined as those Drojects which
are not required to demonstrate that concurrency
6
~cequirements have been met, in order to proeceed}:
-~a) Potab]e Wa~er
Populations of exempt projects shall be taken into
account in determininq whether the level of
serv!cD would be met for new projects and projecns
which are not exempt. New projects or projects
which are not exempt shall not be approved o]-
mermitted if such aDDrovai or permitting would
cause the level of service not to be met.
ib) sanitary Sewer
Pouulations of exempt projects shall be taken into
account in determininq whether the level of
service would be met for new projects and projects
which are not vested. New orojects or projects
which are not exmept shati not be approved or
ermitted if such approval or permittinq would
cause the level of service not to be met.
DrainaGe
Demand for drainage facilities which would ba
created by exempt projects sha]! be taken into
account in determining whether the level of
service would be men for new projects and projects
which are not vested. New projects or projects
which are not exempt shall not be approved or
permitted if such approval or permittinq would
cause the level of service not to be met. Exempt
projects shall be required to comply with any
drainaqe requirements of the South Florida Water
Manaqement District, Lake Worth Drainage District.
and City which were in effect at the time th~
project was approved.
id) Solid Waste
Populations of exempt projects shall be used in
determ~ninc whether the level_of service would bq
met for new projects and project_s which are not
DxemDt. New projects or project..s which are not
~xempt shall not be approved or Permitted if such
auDrova! or permitting would cause the level of
servmce not to'be met.
(e) Recreation Facilities
~opulations of exempt projects shall be taken into
account in determining whether the level of
service would be met for new ,projects and projects
which are not exempt, New projects or projects
which are not exempt shall not be approved or
permitted if such approval or permitting would
cause the level of service not to be met,
.Existing or approved private recreation facilities
servlnq__9~xempt residential proqects shall not be
reduced in number and/or size below the adopted
levels of servzce for such facilities.
(f! District Park Acreage
Populations of exempt projects shall be taken into
account in determininq whether the level of
service wouid be met for new projects and projects
which are not vested. New p~ojects or proqects
which are not exempt shall not be approved or
permitted if such approval or mermittin~ would
cause the level of service not to be met.
(q~ Neighborhood Park Acreage
i!) For Projects in City:
For existinq or exempt projects which have 2 or
more private recreation facilities which serve the
project, neighborhood park facilities shall b~
~n~idered to have been provided, and the number
and/or size of these recreation facilities shall
not be reduced below the adopted levels of serv!ce
for such facilities. Existin~ or approved
recreation areas or parks serving, exempt
residential projects shall not be reduced below
the adopted levels of service for neiQhborhood
parks.
(2) For n~$chborhoods and proiects which do not
meet the criteria set forth in paraQraph (.i)
above, populations of exempt projects shall be
used in determmninQ whether the level of servic~
would be met for new projects and projects which
are ncr exempt. New projects or projects which
are not exempt shall not be approved or permztted
if such approval or permitting would cause the
level of servzce not to be met.~ However, any
proqect for which neighborhood park and recreation
facilities are provided in accordance with Policy
5.5.1 shall be construed to not affect the
availability of neighborhood park and recreation
8
fac±lit±es for any other projects,
_(.3) For Annexed Areas and Projects:
For areas which are platted~ deveioped~ under
constructionf or have development plans which hav~
been approved by Palm Beach County, and are
subse~uentlv annexed, neighborhood parks shall b~
those which were provided or required bv Palm
Beach County. Existinq or approved recreation
areas or parks servinq exempt residentia! 'pro~ects
shall not be reduced below the adopted levels of
service for neiqhborhood parks.
ih) Roads
Traffic qeneration from exempt projects shall b~
used in calcu!atin~ backqround traffic for new
projects and projects which are not exempt, in
accordance with the Palm Beach County Traffic
Performance Standards Ordinance. Road
improvements and road .impact fees which wer~
required as a condition of the approval for exempt'
pr~jects shall continue to be required.
MEMO NO. 90-004C
TO:
FROM:
DATE-
Tim Cannon, Planning Department
Carrie Parker, Assistant City Manager
May 8, 1990
Below please find suggested word changes to the goals, objectives and poli-
cies for the Comprehensive Plan. '
Ae
Objective 9D.4 (page 109.16) - delete the word "available".
New Policy 9D.4.1
Capital improvements shall be financed, and debt shall be managed as
follows:
Public facilities financed by enterprise funds (i.e., Utilities,
(potable water, sanitary sewer), solid waste, and golf course )
shall be financed by: '
a. debt to be repaid by user fees and charges for enterprise ser-
vices, or
b. current assets (i.e., reserves, surpluses and current revenue
including transfers), or
c. a combination of debt and current assets.
Public facilities financed by non-enterprise funds (i.e., roads,
stormwater management, parks, library, fire service, police pro-
tection, and government buildings) shall be financed from current
assets: revenue, equity and/or debt. Specific financing of spe-
cific capital projects shall consider which asset, or group of
assets, will be most cost effective, consistent with prudent asset
and liability management, appropriate to the useful life of the
project(s) to be financed, and efficient use of the local govern-
ment's debt capacity.
New Policy 9D.4.2
The City of Boynton Beach shall establish as a maximum cap for long-
term general obligation debt, ten percent (10%) of the total assessed
value of both real and personal property within the City limits. This
cap shall be adjusted annually to reflect the annual changes in the
assessed value. There shall be no limitation on the use of revenue
bonds as a percent of total debt service of the City.
Objective 9D.5 delete the word "available".
Carrie Parker, Assistant City Manager
CP:cd
cc: Grady Swann, Finance Director
me
INSERT TO EXHIBIT B
Remedial actions necessary to bring the City of Boynton Beach Comprehensive
Plan into compliance with the requirements of Chapter 163, Part II, Florida
Statutes and Chapter 9J-5, Florida Administrative Code.
CAPITAL IMPROVEMENTS ELEMENT
The Capital Improvements Schedule of Improvements in not consistent with
the projections of capital expenditures for drainage facility improvements
as identified in the Drainage Sub-Element in Table B-2 (Volume I, pg. B-
19 of the Support Document). Section 163-3177(2) F S , and Rule 9J-
5.005(5) F.A.C. ' ' '
New Data
The city's engineering consultant will be providing additional
information concerning capital expenditures for drainage facility
improvements. Once this information has been submitted and
reviewed by the City, these projected expenditures wi]] be
incorporated into the Capital Improvements Schedule of
Improvements. The estimated timetable for completion of this task
is 45 days after execution of agreement.
The Capital Improvements Schedule of Improvements is not supported by
the data and analysis provided in the Capital Improvements Element because
the analysis does not address or include projections of all expenditures,
revenue from all revenue sources and certain tax bases, operating cost
considerations and debt capacity. Rules 9J-5. 005 (2) and 9J-5.016 (2) (f) 1.
4., 5., and 6.. F.A.C. ,
New Dat~
The city will analyze and assess the ability to finance future capital
improvements based on expected population growth and availability
of revenues. Specifically, revenues and expenditures will be
projected for the first five years following adoption of the
Comprehensive Plan. Projections of revenues will include all sources
and tax bases and consideration wi]] also be given to future increases
in operating costs as well as the debt capacity of the city. The city
is in the process of paying an $8 million dollar judgement recently
made against the city. The financing for this judgement is still being
finalized. The bonds which are to be issued to pa~y the judgement
will be incorporated into the Capital Improvements Element in order
to test the financial feasibility of the Comprehensive Plan and
maintenance of level of service standards. The estimated timetable
to complete this task is 45 days following execution of the agreement.
The Capital Improvement Schedule of Improvement does not contain a
determination of consistency with individual comprehensive plan elements.
Rule 9J-5.016(4)(a)l.b., F.A.C.
Hew Data
Each line item in the Capital Improvements Schedule of Improvements
was analyzed for consistency with the individual plan elements.
Table 1. has been revised to include the statement "Consistent" for
each identified capital improvement, with the exception of drainage.
Currently, there is an inconsistency between the Drainage Element
and the Capital Improvement Element. This inconsistency will be
resolved after completion of remedial action #1 of the Capital
Improvements Element.
J
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