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ORDINANCE NO. ~-.~--~
AN ORDINANCE OF THE CITY OF COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA PROVIDING FOR AN AMENDMENT
TO THE COMPREHENSIVE LAND USE PLAN AS ADOPTED BY THE
CITY OF BOYNTON BEACH IN 1989; SPECIFICALLY
PROVIDING FOR REMEDIAL ACTIONS TO BE TAKEN BY THE
CITY OF BOYNTON BEACH PURSUANT TO THE TERMS AND
PROVISIONS OF THE STIPULATED SETTLEMENT AGREEMENT
ENTERED INTO BETWEEN THE CITY OF BOYNTON BEACH AND
THE DEPARTMENT OF COMMUNITY AFFAIRS ON OR ABOUT
MAY 15, 1990, A COPY OF WHICH IS ATTACHED HERETO AND
IDENTIFIED AS EXHIBIT "A"; PROVIDING FOR AN ADDITION
TO THE POLICY STATEMENT TO ENSURE THE AVAILABILITY
OF PUBLIC FACILITIES TO SERVE DEVELOPMENT PROJECTS
WHICH WERE APPROVED PRIOR TO THE ADOPTION OF
COMPREHENSIVE LAND USE PLAN; PROVIDING FOR A DATE
FOR WHICH A DRAINAGE MASTER PLAN WILL BE COMPLETED
BY THE CITY OF BOYNTON BEACH AND TO DEFINE THE SCOPE
OF THE DRAINAGE MASTER PLAN; PROVIDING FOR THE
ESTABLISHMENT OF LEVELS OF SERVICE STANDARDS FOR
PEAK HOUR CONDITIONS ON SPECIFIC ROADS OR ROAD
SEGMENTS LOCATED IN THE CITY OF BOYNTON BEACH,
FLORIDA; PROVIDING FOR A REVISION TO THE CAPITAL
IMPROVEMENT SCHEDULE OF IMPROVEMENTS TO ENSURE
CONSISTENCY OF THE PROJECTIONS OF CAPITAL
EXPENDITURES FOR DRAINAGE FACILITY IMPROVEMENTS;
PROVIDING FOR A REVISION TO THE ANALYSIS AS
CONTAINED IN THE CAPITAL IMPROVEMENTS ELEMENT TO
INCLUDE PROJECTIONS OF ALL EXPENDITURES, REVENUES,
FOR ALL REVENUE SOURCES AND TAX BASIS, OPERATING
COSTS CONSIDERATIONS, AND DEBT CAPACITY; PROViDiNG
FOR A REVISION TO THE COMPREHENSIVE PLAN TO INCLUDE
A POLICY OR POLICIES WHICH WILL ADDRESS THE
RESTORATION OR ENHANCEMENT OF DISTURBED OR DEGRADED
ESTUARIES; PROVIDING FOR A REVISION TO THE
COMPREHENSIVE LAND USE PLAN TO INCLUDE OBJECTIVES
AND POLICIES THAT ARE COMPATIBLE WITH AND FURTHER
THE GOALS AND POLICIES OF THE STATE COMPREHENSIVE
PLAN; PROVIDING FOR A REVISION TO THE COMPREHENSIVE
PLAN TO INCLUDE OBJECTIVES AND POLICIES THAT ARE
COMPATIBLE WITH AND FURTHER THE GOALS AND POLICIES
OF THE TREASURE COAST COMPREHENSIVE REGIONAL POLICY
PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEPARABILITY; PROVIDING FOR A REPEALING PROVISION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach did, in accordance
with Chapter 163 of the Florida Statutes and applicable
sections of the Florida Administrative Code, prepare and
submit to the Florida Department of Community Affairs a
Comprehensive Land Use Plan; and
WHEREAS, the Florida Department of Community Affairs
determined that the Comprehensive Plan of the City of Boynton
Beach was not in compliance with Section 163.3184(1) (b) of
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Florida Statutes
of the Florida State Comprehensive Plan,
Comprehensive Policy Plan and Rule Chapter
Administrative Code; and
WHEREAS, the City of Commission
Beach determined that it was in the
and was nconslstent with applicable sections
the Treasure Coast
9J5 of the Florida
of the City of Boynton
best interests of the
citizens and residents of Boynton Beach, Florida to enter into
a stipulated settlement agreement with the Florida Department
of Community Affairs allowing for remedial actions to be taken
by the City of Boynton Beach for the purpose of ensuring that
its Comprehensive Plan would be deemed to be in compliance
with the applicable sections of the Florida Statutes and
Florida Administrative Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. The "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct.
Section 2. The City Commission of the City of Boynton
Beach hereby adopts and authorizes the proper City officials
to implement the remedial actions as set forth in the
stipulated settlement entered into between the Department of
Community Affairs and the City of Boynton Beach and as more
particularly set forth hereafter, a copy of the Stipulated
Settlement as attached hereto and identified as exhibit "A".
SECTION 3. The City Commission of Boynton Beach
specifically approves, adopts, and authorizes the proper City
officials to implement the remedial actions as set forth
hereafter:
A. Revise the Comprehensive
policy or policies to address and
public facilities to serve developments for
orders were issued prior to the adoption of
Land Use Plan;
Land Use Plan to include a
ensure the availability of
which development
the Comprehensive
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B. Revise objective 3B.1 and Policies 3B.1.2, 3B.1.4,
and 3B.l.10 as contained in the Comprehensive Land Use Plan or
add an additional objective or policy which would serve to
specify when the drainage master plan will be completed;
C. Revise Policy 3B.l.ll to specify when the
Comprehensive Land Use Plan will be amended to implement the
recommendation of the Drainage Master Plan;
D. Revise Policy 3B.1.4 of the Comprehensive Land Use
Plan to specify that the Drainage Master Plan will address all
storm water drainage systems in the City of Boynton Beach,
Florida;
E. Revise objective 2.1 of the Comprehensive Land Use
Plan to specify which roads or road segments will be assigned
levels of service standard "maintain,,;
F. Revise objective 2.1 of the
Plan to establish level of service
conditions for the following roads or
supported by the data and analysis
with the respective level of service
Florida Department of Transportation
extent feasible:
1) Interstate 95 (from
Woolbright Road);
2) Boynton beach Boulevard
to Interstate 95);
3) Congress Avenue (from
to the Southern City Limits); and
4)
Comprehensive Land Use
standard for peak-hour
road segment which are
and that are compatible
standards adopted by the
("FDOT") to the maximum
Boynton Beach Boulevard to
(from old Boynton Road
Boynton Beach Boulevard
Hypoluxo Road (east of Congress Avenue).
Improvement Schedule of
the projections of capital
improvements as identified
G. Revise the Capital
ImprovementS to be consistent with
expenditures for drainage facility
in the drainage sub-element;
H. Revise the analysis in
element to include projections of
the Capital Improvements
all expenditures, revenues
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for all revenue sources and
considerations and debt capacity;
I. Revise the Capital
Improvements to contain a determination of
individual Comprehensive Plan Elements;
tax basis operating costs
Improvements Schedule of
consistency with
J. 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;
policy or policies which address the restoration
enhancement of disturbed or degraded estuaries;
L. Revise the Plan to include a policy or
the protection of estuaries which are within the
of more than one government;
M. Revise the Comprehensive Land Use Plan and to
include objectives and policies that are compatible with and
further specify goals and policies of the State Comprehensive
Plan;
Revise the Comprehensive Land Use Plan to include a
or
policies for
jurisdiction
N. Revise the Comprehensive Land Use Plan to include
objectives and policies that are compatible with and further
specify goals and policies of the Treasure Coast Comprehensive
Regional Policy Plan.
Section 4. Authority to Codify: Specific authority is
hereby granted to codify and incorporate this Ordinance in the
City's existing Code.
Section 5. ~: Each of the provisions of this
Ordinance are separable, including word, clause, phrase or
sentence, and if any portion thereof shall be declared
invalid, the remaining portion shall not be affected but shall
remain in full force and effect.
Section 6. ~eDealinq Provision: Ail ordinances or parts
of ordinances in conflict herewith are hereby repealed.
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Section 7. An Effective Date: This Ordinance shall
become effective in the manner and at the time provided by
law.
FIRST READING, THIS ~ day of ~~~, 1990.
SECOND, FINAL READING, AND PASSAGE, THIS /~ day
of
, 1990 · /~
I DA
CommiSsioner
Cit~ ~yerk ~D&-p~r~
(CORPOF~.TE SEAL)
DJD: aw
1i/28/90
11/29/90
~BBORD~
ORD1. DOC
Page 5 of 5
EXHIBIT "A"
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
NOTICE OF INTENT TO FIND THE
CITY OF BOYNTON BEACH
~OMPREHENSIVE 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,
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. As used in this agreement, the
following words and phrases shall have the following
meanings:
a. Act: The 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.
c. Comprehensive Plan or plan: City of Boynton
Beach Comprehensive Plan, as adopted by Ordinance No, 89-38
on November 7, 1989.
do
Hearings.
e.
with 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 COde, and Chapter 9J-5, Florida
Administrative Code.
f. Notice: 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 pu=suant 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. Support 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 qoverninq 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, liabil, ities 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
Section 163.3184(6), Florida Statutes, or on any changes
made by the City to the plan as adopted.
16. Neqotiation of aqreement: 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 riqht 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~ leqal effect of aqreement. 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 hearinq 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
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 obj
comments on the remedial amendm
quarter-page advertisement
prior to the hearing in the
~vertisements in Section
res, all remedial actions,
amendments and support
[ttal letter describing the
part of the plan amended,
portions and pages.
L1. The Department shall
ections, recommendations and
~nts and support documents in
the manner provided in Chapter 9J-11, Florida Administrative
Code, and Subsections 163.3184(
the City fails to deliver o2
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 amel
support document, and deli~
transmittal letter to the
Subsection 163.318417), Flo
9J-11.011(3), F.A.C. The lette
)-(7), Florida Statutes. If
rejects any remedial plan
described in Exhibit A or
Love for a final hearing for
?aragraph 9 above.
of remedial plan amendments.
the Department's objections,
the City shall consider for
~dments and amendments to the
er the amendments and a
Department as provided in
:ida Statutes, and Rule
shall describe the remedial
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 Be 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 ~N 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.:0i6(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 provisions. 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
specify 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 drainag~ system owned
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by the City. The data and analysis indicates that a variety of
entitigs 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) ~ypoluxo 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.
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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 (~rom 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 ~oes 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-
5.01612) (f) l., 4., 5. and 6., F.A.C.
3. The Capital Improvements Schedule of Improvements does
not contain a determination of consistency with individual
comprehensive plan elements. Rule 9J-5.016(4) (a)l.b., F.A.C.
4. The Capital Improvements Elemen't 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.
~. 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.QF STAT~ 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 no~ 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'
mi%igate 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 PI~AN
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 l0 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.
2. 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/0. day of January, 1990, at Tallahassee,
Florida.
FLORIDA DEPARTMENT OF
C0M}g3NITY 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 preponderance 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
amendment to the plan that is not included in this
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.$. 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 an~ 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 oth'er 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
11
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 purposgs 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
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 hai been initiated
and audit findings have not been resolvedlat the end of
three years, the records shall be retained u~til resolution
of the audit findings.
33. Modification of Part II. Either party may request
modification of the pr6visions of Part II of this agreement.
Changes which are mutually agreed upon shall 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
~greed 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 CO~94UNITY CITY~O~OYNTON~'~CH
AFFAIRS '
Date
Senior Attorney
Attest:
14
EXHiBI? ~ ~
REMEDIAL ACTZONS NECESSARY TO BRING THE CiTY OF BOYNTON BEACH
COMPREHENSIVE PLAN INTO COMPLIANCE WITH THE REQUIREMENTS OF
CHAPTER 163, PART ii, FLORIDA STATUTES, CHAPTER 9J-5, FLORIDA
ADMINISTRATIVE CODE, THE STATE COMPREHENSIVE PLAN, AND THE
TREASURE COAST REGIONAL PCLiCY PL.~I.
..... o__owing Comprehensive Plan goals, objectives, and pciicles
shall be amended or added, by adding the words and figures in
underlined type, and by deleting the words and figures %n scruck-
-,brough type as follows:
?~affic Circulation Elemen~
Objective 2.1 Subsequen~ to plan adoption the city shall provlde
a transporcation 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 City
and collector highway facilities.
Po!icv 2.1.6
Level of Service "C" for average dally and
LOS ~'D" for daily peak season and year-round
peak hour conditions cn all non-specified
arterial facilities.
Level of Service "D" for yearound daily and
oeak hour conditions on Seacrest Boulevard south
of SE 23rd Avenue, US 1 between Boynton Beach
~oulevard and Woolbright Road, 1-95 through the
City, BolD. ton 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 Service "Maintain" for
~ .... fae~es-whe~e-BeYe~-e~-Se~w~ee-s~eR~a~s
!-95 from Boynt~p Beach Boulevard to Woo%bright
~oad, BOV~t~ B~aCh Boulevard ~om 01d Bovnton
Road to 1-95,.Cooqress Avenue from Boynton Beach
Eou!evard to the south City limits and H~OIIIxo
Roa~ east o~ t-95.haYe-beea-eMeee~e~=.
Subsequent to the a~opt~on of tl~e County-wide
T~affic Performance Standards Ordinance. re~u!re
conformance to the Level of Service S~andaud$ set
fQuth 1~ that o~di~l~nce, except where reasonable
e~ce~tious have been apprQved in a~co~ance with
that o~d%aance and do-not emceed the Level of
Service s~ndards set forth in'Objective 2.1.
objective 2_=!1
Poticv 2~
SubseGuent to Plan adoption, assist CoTran in
providing efficient mass transit services based on
e~lstina and future trip ~enerators and attractors
an~ also provide local mass transit road and
~erminal areas which are safe for transit users.
suppor~ the transit shelter
development programs o~ CoTran. the oropose~ ~i.qh
Speed Rail Project and of the Tui-Countv Ccmmuter
Rail Authority.
Po!icY 2.11.2
subsegge~$ to pl~S~ adootion, modify land
development regulations ~o eBcQuraqe the Provision
9~ transit related shelters in major lalld
development proiects.
Policy 2.11.3
Policy 2.11.4
The Planning Department will establish procedures
subseuuent ~o P%~]l adQpt%on that notify the coTra~
of new developments i~ the City that are major
t~ip Gegerato~s and at~uactors.
The city w%tl assist CoTran in route Selection add
public~ty by reviewina and commentln~ on proposed
route revisions and providin~ space at City
offices fo~ CoTran schedule information.
Conservation Elemen5
Policy 7.2.1
Within three ~we years of Plan adoption, the city
Engineering and/or Utilities DePartment will
initiate a study to investigaEe the feasibility of
retrofitting existing City owned and operated
dralnage outfalls with pollution control devices.
The City Manager's Office or its desi~nate~
representative will a~ seek grants or funding
fe~-a-~eme~s~.~a~e~-~e~ee~ durin~ FY 91 for th~
feasibility etgdy. If no grant money ~s availabla
to perform th%s $~udv. th~ study wi!!.~ DaSd for
out of the Utility Fund. The Comprehegsive Plan
shall be amended as appropriate, in ~ccordance
with the findings o-f this s~udv.
Policy 7.2.2.
Within three ~we years of Plan adoption, the 'City
EPgineerina agd/Qr Utilities Department will
initiate a study to investigate the feasibility of
instituting a program of s~reet sweeping roadways
and parking areas that draiu inEc the Intracoastal
Policy ? 2.3.
Policy 7.2.4.
Policy 7.2.6
Policy 7.2.7
Policy 7.2.8
waterwa%,. Th9 C~t¥ ManaGer's Cffice or its
designated representative will seek qra~ts or
fundiDq during FY 91 for the feasibility studv.
If no ura~t monev is svailabt? uQ oerfo~m
study, the st~V will be paid for out Of the
Utiiitv Fund. TbS Comorehensive Plan
~1%~1 be amended as amDroD¥iaue, in accordance
WlU~ the findings of this study.
Subsequent to Plan adoption, modify the land
developmen~ regulations to include local-B~n~
~onstruction threshold criteria such that ma]or
modifications ~o existing uses conform to local
and regional storm drainaqe requirements.
Within four ~h~ee years of Plan adoption, the ~ity
~lqinee~in~ and/or Utilities De=avtment will
~nitiate a study to investigate maintenance
dredging of the marzna and residential finger
canals to improve navlgaticn and remove toxic
sediments. The City ManaGer's Office or its
desiqq~tsd reOreseptative will seek ~rants or
fundin~ du~inG FY. 92 for the feasib~!itv s~udv.
If no qvant money is available tQ perform this
st~%~¥, the st~d¥ wall be paid for out of the
Utility Fu~d. TbS Comorehensive Plan
Shall be amended as aoorooriate, in accordance
w~th $h9 findings of this study.
Within two years of Plan adoption, the
Manaq$v's Office or its desianated reoresentativ$
will initiate discussions with the Florida
Department of Transportation relative to improving
the water quality of storm water discharges.
Within two years of Plan adoption, the City
MaBaqev's Office or its desicnated representative
will initiate discussions with the South Florida
Water Management District relatlve to improving
the water quality of storm water discharges from
the C-16 (Boynuon Beach) Canal.
Withln two years of Plan adoption, the City
!4anaqer's Office om its designated representst~ve
~ initiate discussions with the adjacent
communities of Manalapan, Hypoluxo. Ocean Ridge,
Briny Breezes, Gulf Stream, and Palm Beach County
relative to establishing a !ong-~erm water quality
improvement program for Lake Worth and the
Intracoastal Waterway.
Policy 7.2'.9
Subsequenn to Plan adopuion, tlle City commission
will adopt resolutions th~ request seek supporz
and funding from County, State, and Federal
agencies ~et~tlYe to em establishing a long-term
water quality improvement program for Lake Worth
and the in=racoastal Waterway.
Objective 7.8
Subsequent to Plan adoption, or when mandated by
state statute, protect, conserve and, where
possible, improve local wildlife, coastal
wetlands, estuaries, coastal barriers and marmne
habitats.
Pclicy 7.8.1
Subseqnent =o Plan adoption, modify the 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.
Policy 7.8.10 Subsequent to Plan adoption, modify the land
development regulations to consider the specific
and cumulative impacts of development or
redevelopment on wetlands, estuaries, water
quality, water quantity, wildlife habitats, living
marine rescurces and beach and dune systems.
Sanitary Sewer Sub-Element
Policy 3A.i'.3 Development with individual septic tanks
shall only be permmtted f.or densities of
dwelling unit per acre or less.
Policy 3A.!,4 The City w!ll participate in ~n~ SUDDOr% the
State's policy to eliminate tbs discharge of
inade~uate!v treated wastewater a~ itQrmwa~er
runoff into the waters o~ the state.
Objective 3A.5
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
drainage facilities to address existing
deficiencies, minimize damage 5o public and
private property, Dvotec~ surface and Groundwater
quality and =uantitv, and meet future needs are
constructed and maintained in the City limits.
The facilities needed in the City will be
determined _krouga a drainage master planning
process/ which w~l% inclnde amendment of the
comorebe~s~ve Plan by December 31, 1991.
Policy 3B.1.2 New stormwater drainage facilities wlli be
constructed to eilminate deficiencies' ~n the
existing system if they become necessary.
Facilities and Dro~ects needed will be specified
in the drainage ma~te~ Dla~%.
Policy 3B.i.4 T~e A drainage master plan w~A shall be prepared
uQ identify and prlorltlze needs for expansion,
replacement, and improvement to the stormwater
drainage system-ewme~-B¥ in the City. The
drai,%a~e m~ter Pla;% will be initiated bv the City
by June 30. 1990. and completed by June 30. 1991.
A draft copy Q~ the ~rainaGe master plan will be
forwarded to th~ LWDD. the SFWMD. and the Palm
Beach County DePartment of Encineerinc and. Public
Wo~k~ ~or ~put prior to adoption, and to
coordinate inter-Jurisdictional stormwa~er
~tannin~ a~d management issues.
Policy 3B.i.9 Drainage facilities owned by the SFWMD, LWDD,
DOT, or county that are in the City should be
maintained by the entity .that owns them. The City
will inform and cooperate with these entitites as
they repalr 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
determined by the Be~me~-ef-~a~aee~ City
through a drainage master planning process'. The
priori=les 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 llealth and safety, the adopted
s~aa~a~ level of service, and operational
efficiency.
Policy 3B.!.ll The comprehensive plan will be amended by
December 31. 1991 a~-~eeessa~y/~/~~ to
include the recommendations and imp!ementation
strategies of the drainage maste~ Dlan.
Objective 3B.2 Protect Receiving Waters. The City of Boynton
Beach will protect the quality and Guantitv of
s~face water and Groundwa=er-~eee~w~a~-be~es-e~
~em-ee~am~a~e~-~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 WiZI shall provide for protection
of the City's natural drainage features, which are
the Atlantic Ocean, the Intracoastal Waterway, and
Lake Worth; and shall ensure that future
development utilizes stormwater management sys=ems
compatible with the City's drainage sub-element.
Policy 3B.4.! The City ~~/~D~ ~ill prepare
amendments to the stormwauer drainage provzsions
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.1.6 All new and existing structures shall be required
to connect to public, ~$~$~ regional, or
municipal water and wastewater systems when such
systems become available.
Policy 3C.3.7 water use allocation for emergency drought shall
avoid irreversible impact on ecological systems
and minimize long term adverse impacts cn all
sectors~ in accordance with the SFWMD emergency
drought plan,
Policy 3D.~.6 The negative impacts of existinc land u~a
activities on surface water a~d Groundwater
~ualitv and Guantitv shall be minimized, to tb~
maximum extent Dossible~, throuqh enfQrcement 0~ by
retrofitting which would incorporate aooroDrlat~
water ~ualitv management technicues.
Capital Improvements Elemen5
Policy 9D.5.4 BY June 1, 1950, the city shall include
concurrency ManaGement Ordinance, the mrovlsions
which address, and ensure the availability of
Dubiic facilities to serve development Projects
for which development orders were issued Drio~
the effective date of the CitY'S Concurrency
ManaGement Qrdinance, as fQllQws ("exemp$"
Projects shall be defined as those uroJects wh%ch
are not reGu~red to demonstrate that co~cur~e~cv
regui~emeDts have been met, in order to proeceed}:
(a) Potable Water
Populations of exempt projects shall be taken into
a~count ~ determining whether the level of
service wo~ld be met ~OV new projects and projects
which are not exempt. New projects or projects
which are not eXempt shall not be approved'or
permitted if such approval or permitting would
ca~se the level of service Dot 'to be met.
[bi sanitary Sewer
Populst~ons of exempt projects shall be taken into
account in determining whether the level 0~
service would be met for new projects ~n~ projects
which are nat vested. New P~0jects o~ Pr0JeQt$
which are not exmept shall not be ~pproved or
ermitted if such approval or permltting would
cause the level of service not to be.~et,
(C) Drainage
Demand for drainage facilities wh%ch would be
created by exempt pro. Jects sha~ be
account in determining'whether the level
service would be met for new projects and projects
which are not vested. New Projects or projects
which are not exempt shall not b~ appvoved or
permitted if such approval or permitting wo~ld
cause the level o~ service no~ to be met. Exempt
projects shall be required'to comply With any
drainage re~uirements of the South Florida Water
ManaGement District. Lake worth Drainage Distr%ct,
and City which were in effect at the time the
project was approved.
(d) Solid Waste
Popu%at%ons of exempt projects shall be used in
determining whether the level of service would b~
met for pew Projects and projects which are DOt
exempt. New projects or projects which are not
exempt shall not be approved or permitted i~ such
approval or permitting would ca~se the level of
service not to be met,
Recreation Facilities
Populations of exempt pro]ects 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 project~ Q~ projects
which are not exempt sha~l not be approved or
permitted if such apprOVal or permit~i%g would
cause the %evei of service not to be met.
~istinG or approved private recreation facilities
se~v~nq exempt residential projects shall not be
¥edgced in number and/or size below the adopted
levels of $erv%ce fey such facilitie$.
(fl District Park AcreaGe
Popglat~0ns of ~empt projects shall be taken into
account in determinin~ whether the level of
serv~c~ wou~ be m~t for new projects and projects
which are not vested, NeW projects or projects
which ~re not e~empt shall not be .approved or
permitted if such approval or mermittinG would
cause the level of service not to be met.
NeiGhborhood Park Acreage
(l) For Projects in City:
For e~in~ or exempt projects which have 2 or
more private recreation facilities which serve the
puoje~t, neighborhood park facilities shall be
considered to have been provided, and the number
and/or size of these recreation facilities shall
not be reduced below the adopted levels of service
~O~ such facilities. Existin~ or approved
recreation areas or parks serving exempt
~$idential Projects shall not be reduced below
the adopted levels of service for neighborhood
parks.
(2) FOV pei~hborhoods and projects which do not
meet the criteria set forth in ParoGraph (.1)
~bove, populations of exempt projects shall be
used ~D determining whether the level, of service
would be met for new projects and projects which
are not exempt. 'New projects or projects which
ar0 ~O~ exompt shall not be approved or permitted
if such approval or permittSnq would cause the
%evel Of service not to be ~Ot. Howover. a~y
protect for which neighborhood park and recreation
f~cilities ~re provided in Occordance with F01ic¥
5.5.1 shall be constrge~ to not affect the
availability of'nei~hborho0d park and recreatio~
facilities for any other projects.
(3) FQr AnDexed A~eas ~d Proiects:
~o~ areas which ar~ platted, developed, under
construction, or have development ~ians which have
bee~ amDroved by Palm Beach County. and are
su~seauent'lv ~nnexed. neighborhood parks shall be
those which were provided or reauir~d by Palm
Beach County. Existing or approved recreation
area~ or ~arKs se~vin~ exempt residential Dro~ec~s
sh~i1 nqt be r~duced ~e~ow the adopted levels of
servl,c~ ~or neighborhood marks.
(h) Roads
Traffic aeneration from exemmt Projects shall De
use~ %D calculatin~ background traffic ~or new
DuoJects and projects which are not exempt, in
a~cordance with the Palm Beach ~ount¥ Traffic
~erformance Standards Ordinance. Roa~
~morovements and road impact fees which were
reaui, red as a condition of the approval for exemp~
oroJects shall continue to be reauired.
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.
A. Objective 9D.4 (page 109.16) - delete the word "available".
B. New Policy gD.4.1
Capital improvements shall be financed, and debt shall be managed as
iollows:
Co
Do
1. 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.
2. 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 Swarm, Finance Director
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 will 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 Da~
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 w/il also be given to future increases
/n 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
final/zed. 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)1.b., F.A.C.
l~ew Data
Each llne 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 t'he Capital Improvement Element. This inconsistency will be
resolved after completion of remedial action #1 of the Capital
Improvements Element.