Agenda 06-02-09
The City of
Boynton Beach
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
2nd REVISED AGENDA
JUNE 2,2009
Jerry Taylor
Mayor - At Large
Ron Weiland
Commissioner - District I
Woodrow Hay
Vice Mayor - District II
Jose Rodriguez
Commissioner- District III
Marlene Ross
Commissioner - District IV
Kurt Bressner
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
www.boynton-beach.org
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WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES & PROCEDURES FOR PUBUC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
. Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
. Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to impose
time limits on the discussion on an issue.
. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings."
. Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission - Time Limit - Three (3) Minutes
. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded, with the exception of Consent Agenda Items that have
not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit -
Three (3) minutes
.
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the presiding
officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or
step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the
presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority
vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
Holidays/Election Day).
S:\CC\WP\CCAGENDA\Cover Template\WELCOME SHEET - REVISED 04-04-07.doc
City of Boynton Beach
REGULAR CITY COMMISSION MEETING
REVISED AGENDA
June 2, 2009
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Rev. Greg Fitch - Police Chaplain
C. Pledge of Allegiance to the Flag led by Vice Mayor Woodrow Hay
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS:
A. Announcements:
1. June 2nd, 2009 will be the opening of the Living by the Launch Pad: 40th
Anniyersary of Apollo 11 series of exhibits and programming at the
Boynton Beach City Library and Schoolhouse Children's Museum &
Learning Center.
B. Community and Special Events:
None
C. Presentations:
1. Proclamations:
a. Code Enforcement Officers' Appreciation Week - June 1-5, 2009
IV. PUBUC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE UMITED TO 3-MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3-minute allowance may need to be adjusted
depending on the level of business coming before the City Commission>
1
2nd Revised Agenda
Regular City Commission Meeting
Boynton Beach, Florida
June 2, 2009
V. ADMINISTRATIVE:
A. Accept the resignation of David Barie, Regular member of the Recreation & Parks
Board
B. Appointments to be made:
Appointment
To Be Made
I
Mayor
Weiland
Taylor
I
II
Weiland
Hay
Mayor
Taylor
I
IV
Mayor
Weiland
Ross
Taylor
I
II
Weiland
Hay
Board
Length of Term
Expiration Date
Bldg. Bd of Adj & Appeals
Bldg. Bd of Adj & Appeals
Alt
Alt
1 yr term to 12/09 Tabled (2)
1 yr term to 12/09 Tabled (3)
3 yr term to 12/09 Tabled (2)
1 yr term to 12/09
Cemetery Board
Cemetery Board
Reg
Alt
Code Compliance Board
Alt
1 yr term to 12/09
Education & Youth Advisory Board
Education & Youth Advisory Board
Education & Youth Advisory Board
Reg
Alt
Stu N/V
Alt
Alt
2 yr term to 12/09 Tabled (2)
1 yr term to 12/09 Tabled (3)
1 yr term to 12/09 Tabled (3)
1 yr term to 12/09 Tabled (3)
1 yr term to 12/09 Tabled (3)
Senior Advisory Bd
Senior Advisory Bd
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agenda" approval of the action indicated in each item, with all of the accompanying
material to become a part of the Public Record and subject to staff comments.
A. Minutes:
1. Regular Meeting Minutes - May 19, 2009
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2008-2009 Adopted Budget.
1. Award a contract to HDR Engineering, Inc. of Tampa, FL, RFP #034-
121O-09/0D "Annual Contract for Real Estate Administrator" to be
utilized on an "as needed" basis to facilitate land acquisition, relocation
and property management. (Proposed Resolution R09-074)(Tabled
on May 19,2009)
2. Approve the purchase of audio/visual equipment for Fire Station #5, Fire
Administration Offices, City Emergency Operations Center (EOe) and
backup Communication Division Public Safety Answering Point (PSAP) to
include installation, programming and training from AVI-SPL, Inc. of
Deerfield Beach, FL with an expenditure of $146,829.80.
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2nd Revised Agenda
Regular City Commission Meeting
Boynton Beach, Florida
June 2, 2009
3. Award the "RE-BID FOR TWO-YEAR CONTRACT FOR SCHOOL CROSSING
GUARD SERVICES" Bid #027-2110-09/JA, to Kemp Group International
Corporation of Miami, FL, for an estimated annual expenditure of
$304,170. (Proposed Resolution No. R09-0BO)
4. Approve the sole source purchase of two LIFEPAK-15 cardiac
monitor/defibrillators from Physio-Control Inc. located at Redmond, WA,
for a total expenditure of $56,524.81.
C. Resolutions:
1. Proposed Resolution No. R09-081 Re: Assessing the
cost of nuisance abatement on properties within the City of Boynton
Beach.
2. Proposed Resolution No. R09-082 Re: Approving the
adoption of the City of Boynton Beach's Second Planned Amendment for
Community Development Block Grant (CDBG) FY 2008/09.
D. Accept the attached Analysis of Revenues & Expenditures (General Fund and Utility
Fund) for the seven months ended April 30, 2009.
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
A. Authorize the payment of a settlement in the amount of $15,000 in the case
Juleen Jacobs v. City of Boynton Beach
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
THE CITY COMMISSION WILL CONDUCT THESE PUBLIC HEARINGS IN ITS DUAL CAPACITY AS LOCAL
PLANNING AGENCY AND CITY COMMISSION
A.
Project:
Agent:
Description:
B.
Project:
Agent:
Description:
Planned Commercial Development (PCD) Setbacks-
Accessory Fuel Pumps (CDRV 09-003)
City-initiated
Request for interim amendments to the Land Development
Regulations, Chapter 2, Zoning to create a waiver process for
minimum setbacks associated with ancillary fueling centers with
Planned Commercial Development (PCD) zoning districts annexed
into the City. (1st Reading Proposed Ordinance No. 09-026)
Funeral Home with Cemetery (CDRV 090-004)
City-initiated
Request for interim amendment to the Land Development
Regulations, Chapter 2, Zoning to allow Funeral Homes with
Cemetery in the Community Commercial (C-3) zoning district, on
3
2nd Revised Agenda
Regular City Commission Meeting
Boynton Beach, Florida
June 2, 2009
c.
Project:
Agent:
Owner:
Location:
Descri ption:
D.
Project:
Agent:
Owner:
Location:
Descri ption:
parcels in excess of 10 acres. (1st Reading Proposed
Ordinance No. 09-027)
Calvary Chapel (MPMD 09-001)
David Frank of Precision Drafting & Design
Calvary Chapel of Boynton Beach, Inc.
3190 Hypoluxo Road
Request for approval of a modification of the approved campus
master plan increasing the number of project phases from four to
six to include the addition of an interim (temporary modular)
school facility and a maintenance building, and updating the
project build-out schedule.
Calvary Chapel (NWSP 09-002)
David Frank of Precision Drafting & Design
Calvary Chapel of Boynton Beach, Inc.
3190 Hypoluxo Road
Request for approval of a 2,200 square foot temporary modular
classroom building, as part of the new Phase II of the master plan
within a Planned Unit Development (PUD) zoning district.
IX. CITY MANAGER'S REPORT:
A. Proposed Annexation Policy by Interlocal Service Boundary Agreement (ISBA)
B. Boynton Inlet Committee Recommendations
X. FUTURE AGENDA ITEMS:
A. Continued Discussion on 2010 General Fund Budget Policy Items - (Staff is
continuing to update the 2007 Program Analysis and Span of Control report.
Staff wJ11 conclude its review and be prepared to make recommendations June
16, 2009)
B. Contract Award Recommendation for design of Meadows/Nautica Park - June 16,
2009
C. Consider the continuation or deferral of the "CONSTRUCTION OF CONGRESS
AVENUE BARRIER FREE PLAYGROUND", Bid #017-2730-09/JA to Ocean Gate
General Contractors of Stuart, FL for $1,925,000 plus an owner's contingency of
10% in the amount of $192,500 for a total expenditure of $2,117,500/501(c)(3)
Discussion (Proposed Resolution No. R09-073) (Tabled to Budget
Workshop)
XI. NEW BUSINESS:
None
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2nd Revised Agenda
Regular City Commission Meeting
Boynton Beach, Florida
June 2, 2009
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
1. Proposed Ordinance No. 09-003 RE: Approving a
request to annex the properties. (Sam's Club ANEX 09-001)
2. Proposed Ordinance No. 09-004 RE: Approving a
request to annex the properties. (Northstar ANEX 09-001)
3. Proposed Ordinance No. 09-005 RE: Amending the
Comprehensive Plan Future Land use Map classification on :1::41.19 acres
of land from Commercial High (CH/5) and Institutional (Palm Beach
County) to Local Retail Commercial (LRC). (Sam's Club LUAR 090-
002)
4. Proposed Ordinance No. 09-006 RE: Amending the
Comprehensive Plan Future Land use Map classification on :1::41.49 acres
of land from Commercial High (CH/5) and Institutional (Palm Beach
County) to Local Retail Commercial (LRC). (Northstar LUAR 09-002)
5. Proposed Ordinance No. 09-007 RE: Approving the
rezoning from Palm Beach County Commercial General (CG) and
Residential Multifamily (RM) to Planned Commercial Development (PCD)
and C-3, Community Commercial. (Sam's Club LUAR 090-002)
6. Proposed Ordinance No. 09-008 RE: Approving the
rezoning from Palm Beach County Commercial General (CG) and
Residential Multifamily (RM) to Planned Commercial Development (PCD)
and C-3, Community Commercial. (Northstar LUAR 09-002)
7. Proposed Ordinance No. 09-009 Re: Amending the
Comprehensive Plan Future Land Use Map classification on :1::14.22 acres
of land from Medium Density Residential to Industrial (New Urban High
Ridge LUAR 09-001)
8. Proposed Ordinance No. 09-010 RE: Rezoning a
parcel of land located on the northwest corner of High Ridge Road and
Miner Road from Planned Unit Development (PUD) to M-1 Industrial
District (New Urban High Ridge LUAR 09-001)
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
None
5
2nd Revised Agenda
Regular City Commission Meeting
Boynton Beach, Florida
June 2, 2009
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 09-028 Re: Amending the
Code of Ordinances, Chapter 13, Business Tax, Sec. 13-4, Classification
and Fee Schedule, to provide for a five percent (5%) increase in business
tax rates.
2.
Proposed Ordinance No. 09-029
abandonment of a portion of NE 12th Avenue.
RE: Approving the
3. Proposed Ordinance No. 09-030 RE: Approving the
creation of a seven member Community Redevelopment Agency Board
D. Resolutions:
1. Proposed Resolution No. R09-083 Re: Appointing a
City Commission representative to the Homeless Advisory Board - Palm
Beach County.
2. Proposed Resolution No. R09-084 RE: Approving and
authorizing execution of an Annexation Agreement between the City of
Boynton Beach and Northstar Palm Beach, LLC regarding annexation of
Northstar Palm Beach Property into the City boundary.
3. Proposed Resolution No. R09-08S RE: Approving and
authorizing execution of an Annexation Agreement between the City of
Boynton Beach and Wal-Mart Stores, Inc. regarding annexation of Wal-
Mart Stores CSam's Club") property into the City boundary.
E. Other:
1. Recommendation and discussion of subordination of SHIP funding
2. Acknowledge acceptance of Hold Harmless Agreement and approve Bill of
Sale for Boat Dock at NE 12th Avenue.
XIII. UNFINISHED BUSINESS:
None
6
2nd Revised Agenda
Regular City Commission Meeting
Boynton Beach, Florida
June 2, 2009
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CIlY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CIlY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILIlY AN
EQUAL OPPORTUNIlY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVIlY CONDUCTED BY THE CIlY. PLEASE
CONTACT PAM WELSH, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVIlY IN ORDER FOR THE CIlY
TO REASONABLY ACCOMMODATE YOUR REQUEST.
2ND REVISED AGENDA 6/01/09 3:00 P.M.
060209 2ND REVISED. DOC
7
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III.-ANNOUNCEMENTS &: PRESENTATIONS
;':fi;Y D Item A.l.
CITY OF BOYNTON BEAefIY
AGENDA ITEM REQUEST FO~, 9 AM 10: '3
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 April 21, 2009 April 6, 2009 (Noon) 0 June 16, 2009 June I, 2009 (Noon)
0 May 5, 2009 April 20, 2009 (Noon) 0
[J May 19, 2009 May 4, 2009 (Noon) 0
[81 June 2, 2009 May 18, 2009ONoon) 0
[81 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Read announcement.
EXPLANATION: Tuesday, June 2nd, 2009 marks the opening of a new series of exhibits and programming at the
Boynton Beach City Library and Schoolhouse Children's Museum & Learning Center.
Livin!! bv the Launch Pad: 40th Anniversarv of Apollo 11 features memories and memorabilia of the NASA (National
Aeronautic Space Administration) program with focus on the first man on the moon - Apollo 11 mission. On July 16,
1969, Astronaut Neil Armstrong took the first step onto the surface of the moon, uttering the famous words: "That's
one small step for man; one giant leap for mankind".
On display will be items on loan from the Kennedy Space Center and members of the community including scale size
Saturn 5 Rocket and NASA Mercury, Gemini and Apollo spacecrafts, full size replica space suits, original press
books, newspapers, patches and other memorabilia from Apollo 11.
Programming includes three space themed family movie days, a design your own mission patch activity, a Pratt
Whitney Rocketdyne bottle rocket demonstration and exciting guest speakers. Stay updated at the Library's website
www.boyntonlibrary.org.
PROGRAM IMPACT: None.
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FISCAL IMPACT: None.
epartment Head's Signature
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ALTERNATIVES: Do not read announce
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Assistant to City Manager
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Library
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.I.a
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
o A ri121, 2009
D June 16,2009
D Jul 7,2009
D Jul 21,2009 Jul
D Au ust 4, 2009 Jul
o Ma 5, 2009
o Ma 19,2009
I:8J June 2, 2009
I:8J Announcements/Presentations D City Manager's Reoort
NA TURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: RECOMMENDATION: Read enclosed Proclamation (Exhibit "A") into the record
recognizing the week of June 1-5,2009 as "Code Enforcement Officers Appreciation Week."
EXPLANATION: This Proclamation recognizes Code Enforcement professionals for the work they do in helping to
protect the safety, health & welfare of the citizens in our community.
PROGRAM IMPACT: Recognizes the efforts of our Code Compliance staff and the significance of their efforts in not
only protecting the life, health and safety of our residents and business owners, but in preserving and enhancing the
quality of life for all that live and work in our community.
FfSCAL IMPACT: Not applicable
ALTERNATIVES: Not applicable
CI-d-
Assistant to City Manager
Public Affairs
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
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WHEREAS, Code Enforcement Officers provide for the safety, health and welfare of the
citizens in this community through the enforcement of building, zoning, housing, animal control, fire safety
environmental and other codes and ordinances; and
WHEREAS, Code Enforcement Officers are often not credited for the jobs that they do In
saving lives and improving neighborhoods: and
WHEREAS, every day, assisted by support and program staff, they attempt to provide
quality customer service to the public for the betterment of the community; and
WHEREAS, too many times their efforts go unnoticed, even after code compliance has
been accomplished due to their efforts and expertise; and
WHEREAS, Code Enforcement Officers are dedicated, well trained, and highly responsible
individuals who take their jobs seriously and are proud of their department and the local government within
which they serve; and.
WHEREAS, the Florida Association of Code Enforcement (FACE) has declared the first
week of June be set aside by local government to honor and recognize their Code Enforcement Officers
NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the
City of Boynton Beach, Florida, hereby proclaim the week of June 1-5, 2009 as
CODE ENFORCEMENT OFFICERS' APPRECIATION WEEK
in Boynton Beach in accordance with the state-wide observance of the same and encourage citizens of
Boynton Beach to join this Commission in expressing appreciation for the dedication and outstanding
service provided by the individuals who serve as our Code Enforcement Officers
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of
Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 2nd day of June 2009.
CITY OF BOYNTON BEACH
I ATTEST
I
I
I City Clerk
i
I Corporate Seal
Jerry Taylor, Mayor
v. ADMINISTRATIVE
ITEM A.
Prainito, Janet
From: Majors, Wally
Sent: Wednesday, May 13, 2009 11: 11 AM
To: Prainito, Janet
Subject: RE: Advisory Board
Thank you.
Wally
From: Prainito, Janet
Sent: Wednesday, May 13, 2009 10:07 AM
To: Majors, Wally
Subject: RE: Advisory Board
No. We will place his resignation on the June 2nd agenda.
Janet
From: Majors, Wally
Sent: Wednesday, May 13, 2009 9: 17 AM
To: Prainito, Janet
Cc: Rivers, Jody
Subject: FW: Advisory Board
Janet,
David Barie is resigning from the Rec. & park Advisory Board. Other than his email below, do we
nee anything else in regards to the resignation from the board?
Wal/y
From: RCCFL@aol.com [mailto:RCCFL@aol.com]
Sent: Wednesday, May 13, 20099:02 AM
To: Majors, Wally
Subject: Advisory Board
Wally,
I feel it necessary to offer my resignation from the advisory board.
The last two years working in the mortgage industry has caused a tremendous financial burden on me and my
family and I need to devote as much time as possible to my company in order to survive. With so much on my
mind right now I do not feel I can properly serve the best efforts of the board and that you deserve to have
someone who can properly serve and focus on the boards efforts
I want to thank you for the opportunity to be a part of the board and hope that as time passes I will be able to
again be a part.
Please pass my sincere thanks on to the Board and Jodi also.
5/13/2009
):\~l'
David Sarie
Regulatory Compliance Consultants
(561) 864-2456
This message is for the named recipient only. It may contain confidential, proprietary or legally pnvileged
information. If the reader of this message is not the intended recipient, you are hereby notified that any
dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this
communication in error, please notify us immediately by email and delete the original message from your
computer. We reserve the right to monitor all email communications. Although we believe this email and any
attachments are virus-free, we do not guarantee that it is virus-free, and we accept no liability for any loss or
damage arising from its use.
Recession-proof vacation ideas. Find free things to do in the U.S.
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V. ADMINISTRATIVE
ITEM B.
APPLICANT ELIGIBLE FOR APPOINTMENT 06/02/09
Last Name First Name 1 st Choice 2nll Choice 3rll Choice
Anton Steve Arts Com
Cregan Katharine Senior Advisory
M. Bd.
Farrington John Veterans
Commission
Gresh Thomas Recreation &
Parks Bd.
*Scantlan Don Veterans
Commission
* Donald Scant Ian is requesting to be moved up from an alternate to a regular member when a vacancy arises.
ALTERNATES:
De la Torre, Jose M. III
Education and Youth Advisory Board.
NOTE:
Cemetery Board has only one alternate position that is also open.
VI.-CONSENT AGENDA
ITEM B.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 April 21, 2009 April 6, 2009 (Noon) 0 June 16, 2009 June 1. 2009 (Noon)
fl May 5, 2009 April 20, 2009 (Noon) rl Julv 7, 2009 June 15,2009 (Noon)
[J May 19, 2009 May 4, 2009 (Noon) [J July 21, 2009 July 6, 2009 (Noon)
[8J June 2, 2009 May 18,2009 (Noon) 0 August 4, 2009 July 20, 2009 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: A motion to approve a contract award to HDR Engineering, Inc of Tampa
Florida, RFP#034-121 0-09/CJD "Annual Contract for Real Estate Administrator" to be utilized on an "as
needed" basis to facilitate land acquisition, relocation and property management.
EXPLANATION: At its meeting of May 19, 2009 the City Commission requested additional information
concerning prior contracts for Real Estate Administrator services and the relationship, if any, to the
acquisition of foreclosed properties associated with the NSP Program.
From 2002 to 2005 the city contracted with The Urban Group to serve as the city's Real Estate
Administrator. They began their work following the 2001 adoption of the Heart of Boynton Community
Redevelopment Plan. As such they were charged with contacting each property owner in the initial
Heart of Boynton Phase 1 area to determine their willingness to be bought out by the City/CRA, to
arrange property appraisals and to negotiate and finalize the acquisitions where possible. The recently
acquired city owned parcels in this Phase 1 area are the result of this effort. For this service they were
paid a total of $115,191.63.
From 2005 to 2008 the city contracted with Earth Tech Consulting. Given the policy decision to rely on
the private sector to attempt to acquire property in the Heart of Boynton Community, their work in this
area was minimal, except for assisting in securing appraisals for selected opportunity purchases. They
were, however, instrumental in securing property appraisals for seven (7) parcels involved in the effort
to evaluate the various alternatives associated with possible roadway relocations for the Ocean 95
project. For these services the Finance Department records indicate that they were paid $26,509.13.
In each of the foregoing contracts, services were provided on an "as needed" basis. The proposed
contract with HDR Engineering would be on the same basis and make them the third firm to serve as
the city's Real Estate Administrator since 2002.
S:\BULLETINlFORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
As far as the NSP program is concerned, it is not anticipated that the city's Real estate Administrator
would be involved in the acquisition of any foreclosed properties. This is to avoid the potential liability
associated with the city owning said abandoned properties.
The plan is for the city to follow the example of Palm Beach County and advertise for a local non-profit
to act as the NSP program facilitator. With the oversight of city staff, this non- profit would locate
properties and negotiate with and take title to the foreclosed properties from the banks. They would
also evaluate the credit worthiness of potential new owners, and work with lenders to help them obtain
mortgages.
PROGRAM IMPACT: The purpose of the Real Estate Administrator is to provide real estate services
involving appraisals, property acquisition, relocation and property management on an "as needed'
basis.
FISCAL IMPACT: Costs associated with securing the services of the Real Estate Administrator will be
charged to the requesting department and/or the specific project requiring said services.
ALTERNATIVES: Not awarding the contract in response to the RFP. Attempting to secure quotes for
real estate services on a case by case basis as needed and not necessarily obtaining the best price or
the most qualified personnel.
+!~~~
City Manager's Signature
,Assistant to City Managel:J.~." ? ,
" -> 2. / '.---
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~_..~'.~. !
City Attorney / Finance
Department of Development
S\BULLETINlFORMS\AGENDA ITEM REQUEST FORM.DOC
/~ ~
ATTACHMENT
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
D A ril2!, 2009
D Ma 5,2009
C Ma 19,2009
~
Requested City
Commission Meeting Dates
o
\0
::I:
::-
-<
J
Date Final Form Must be
Turned in to City CI~
Office
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D June 16,2009
D Jul
0 Jul
D st 4, 2009
Jul
Jul
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM [gI Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
0 Public Heljring D
RECOMMENDATION: A Motion to approve a contract award to HDR Engineering, Inc. of.
Tampa, Florida, RFP#034-1210-09/CJD "Annual Contract for Real Estate Administrator" to be
utilized on an "as needed" basis to facilitate land acquisition, relocation and property
management.
EXPLANATION: On March 11, 2009, Procurement Services received and opened three (3)
proposals. A committee was formed to review and evaluate the proposals composed of Kofi
Boateng, Utilities Director, David Kelley, City Engineer, Quintus Greene, Director of
Development. Based on a combination of experience with the type of services required by the
City, the versatility of the firm and the flexibility with Palm Beach County and the City of
Boynton Beach, it was unanimous consensus of the Review Team to recommend contracting with
HDR Engineering as the Real Estate Administrator for the City. American Acquisition Group
(AAG) was ranked second and PBS & J was ranked third per attached memo and ranking matrix.
PROGRAM IMPACT: The purpose of this RFP was to seek a Real Estate Administrator to
provide real estate services i.e. facilitate land acquisition, relocation and property management on
an "as needed" basis.
FISCAL IMPACT: Costs associated with securing the services of the Real Estate Administrator
will be charged to the requesting department and/or the specific project requiring said services.
ALTERNATIVES: Not award this RFP and go out for quotes on an "as needed" basis not
necessarily obtaining the best price and securing skilled personnel.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
,ti~~,
City Manager's Signature
&/r~~fY1A
Procurement Se ice
..-,
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2
3 RESOLUTION NO. R09-
4
5 A RESOLUTION OF THE CITY OF BOYNTON
6 BEACH, FLORIDA, APPROVING THE AWARD (RFP
7 #034-1210-09/CJD) OF CONSULTANT AGREEMENT
8 TO HDR ENGINEERING, INC., FOR REAL ESTATE
9 ADMINISTRA TOR ON AN AS NEEDED BASIS;
10 AUTHORIZING THE CITY MANAGER TO
11 EXECUTE AN AGREEMENT BETWEEN THE
12 PARTIES; AND PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS, on March 11, 2009, Procurement Services opened and tabulated
16 three (3) proposals to the RFP "Annual Contract for Real Estate Administrator"; and
17 WHEREAS, after review and evaluation it has been determined appropriate by
18 staff to recommend award on an as needed basis of this RFP to HDR Engineering, Inc., of
19 Tampa, Florida whose RFP was overall responsive and responsible proposer; and
20 WHEREAS, upon recomrriendation of staff, the City Commission of the City of
21 Boynton Beach does hereby approve the award of RFP No.034-1210-09/CJD to HDR
22 Engineering, Inc., of Tampa, Florida.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
26 as being true and correct and are hereby made a specific part of this Resolution upon
27 adoption hereof.
28
Section 2.
The City Commission of the City of Boynton Beach, Florida,
29 hereby approves the award of RFP No. 034-1210-09/CJD to HDR Engineering, Inc. of
30 Tampa, Florida for Real Estate Administrator on an as needed basis.
S:\CA\RESO\Agreements\Bid Awards\Award of RFP - Real Estate Admin(2009).doc
I
I
I
I
I
A II
I I
Section 3.
That the City Manager is hereby authonzed to e~ecute a Consultant
2 Agreement for Real Estate Administrator between the City of Boynton Beach and HDR
3 Engineering, Inc., of Tampa, Florida, to be hired on an as needed basis. a copy of which is
4 attached hereto as Exhibit "A".
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36/1
I
5
Section 4.
That this Resolution shall become effective immediately.
6
PASSED AND ADOPTED this
day of May. 2009.
CITY OF BOYNTON BEACH. FLORIDA
Mayor - Jerry Taylor
Vice Mayor ~ Woodro\v L Hav
ATTEST:
Janet M. Prinito, CMC
City Clerk
(Corporate Seal)
Commissioner - Ronald Weiland
Commissioner ~ Jose Rodriguez
Commissioner ~ Marlene Ross
SICAIRESOlAgreementslBid AwardslAward of RFP - Real Estate Admm(2009).doc
CONSULTANT AGREEMENT FOR
CONSULTING SERVICES
FOR
"REAL ESTATE ADMINISTRATOR"
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and HDR Ene:ineerim!. Inc., hereinafter referred to as "the Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Consultant is retained by the City to perform
CONSUL T ANT services in connection with the project designated.
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on an "As
Needed basis" to incorporate herein by reference, including the provision of all labor,
materials, equipment and supplies. No modifications will be made to the original scope of
work without the written approval of the City Manager or his designee.
3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving
of written notice by the City to the Consultant to proceed. Consultant shall perform all
services and provide all work product required pursuant to this agreement on an "As Needed"
basis.
4. TERM: This Agreement shall be for a period of ONE (1) year commencing on the date the
Agreement is executed by the City.
5. PAYMENT. The Consultant shall be paid by the Provider/City for completed work and for
services rendered under this agreement as follows:
a. The total contract price, as referred to herein, shall be the total amount of payment to
consultant for services provided under this agreement for the entire term of the Agreement
b. Payment for the work provided by Consultant shall be made promptly on all invoices
submitted to the City properly, provided that the total amount of payment to Consultant shall
not exceed the total contract price without express written modification of the Agreement
signed by the City Manager or his designee.
c. The Consultant may submit invoices to the City once per month during the progress of the
work for partial payment for project completed to date. Such invoices will be reviewed by
the City, and upon approval thereof, payment will be made to the Consultant in the amount
approved.
d. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of the
work under this Agreement and its acceptance by the City.
e. Payment as provided in this section by the City shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and incidentals
necessary to complete the work.
f. The Consultant's records and accounts pertaining to this agreement are to be kept available
for inspection by representatives of the City and State for a period of three (3) years after the
termination of the Agreement. Copies shall be made available upon request.
CA-l
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications ant:
other materials produced by the Consultant in connection with the services rendered under
this Agreement shall be the property of the City whether the project for which they are made
is executed or not. The Consultant shall be permitted to retain copies, mcluding reproducible
copies, of drawings and specifications for information, reference and use in connection wlth
Consultant's endeavors.
7. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated b:v
this Agreement, faithfully observe and comply with all federal, state and local laws.
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
8. INDEMNIFICA TION. Consultant shall indemnify, defend and hold hannless the City. 1tS
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Consultant's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Consultant.
9. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage oJ
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1 ,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
10. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant IS
an independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant.
or any employee of Consultant.
11. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant.
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract.
CA-2
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
DISCRIMlNATION PROHIBITED. The Consultant, with regard to the work performed by
it under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any ofthe services covered by
this Agreement without the express written consent of the City.
NON-WANER. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other provision.
TERMlNA TION.
a. The City reserves the right to terminate this Agreement at any time by giving ten
(10) days written notice to the Consultant.
booIn the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement between
surviving members of the Consultant and the City, if the City so chooses.
16. DISPUTES. Any disputes that arise between the parties with respect to the performance
of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court
of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed
under Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL- 33425-031 0
Attn: Quintus Greene
Notices to Consultant shall be sent to the following address:
HDR Engineering, Inc.
5426 Bay Center Dr., Suite 400
Tampa, FL 33609
18. lNTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
CA-3
supersedes all prior negotiations, representations, or agreements written or oraLThh
agreement may be amended only by written instrument signed by both City and Consultant
DATED this _ day of
,20
CITY OF BOYNTON BEACH
City Manager
Consultant
Attest/Authenticated:
Title
(Corporate Seal)
City Clerk
Approved as to Form:
Attest/ Authenticated:
Office of the City Attorney
Secretary
Rev. 1/22/9 ]
CA-4
.... OST REg~N~SlBLE PROPOSER THAT MET ALL
n ~~ ~
C OL DOPI .r- PUR; N AGENT
RFP: REAL E'STATE ADMINISTRATOR
CRITERIA
QUINTUS GREENE, DEVELOPMENT DIE.
OR
RFP DUE DATE: MARCH 11, 2009
RFP DUE TIME: 2:30 P.M.
RFP # 034-1210-09/CJD
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation.
if any, are hereby rejected as late"
*************
VENDORS AMERICAN ACQUISITION GROUP, LLC HDR ENGINEERING, INC. PBS& J
5600 :MARINER STREET STE 104 5426 SAY CENTER DR. STE 400 2001 NW. 107TH AVENUE
TAMpA, FL 33609 TAMPA, FL 33609 MIAMI, FL 33172
PH: (813) 287-8191 PH: (813) 282-2300 PH:(305) 592-7275
FAX; (813) 287-8272 FAX: (813) 282-2430 FAX:(305) 599-3809
CONTACT: D. WADE BROWN CONTACT: LARRY D. LOW P.E CONTACT: NORRIS SMITH, SR/WA
COST BREAKDOWN
SECTION 4 SUBMITTED YES YES YES
ORIGINAL AND (5) FIVE COPIES
SUBMITTED YES YES YES
PROPOSER'S QUALIFICATIONS
SUBMITTED YES YES YES
ANTI-KICK BACK AFFIDAVIT
SUBMITTED YES YES YES
NON-COLLUSION AFFIDAVIT
SUBMITTED YES YES YES
CONFIRMATION OF MINORITY OWNED
BUSINESS SUBMITTED YES/NOT A MINORITY YES/NOT A MINORITY YES/NOT A MINORITY
OWNED BUSINESS OWNED BUSINESS OWNED BUSINESS
CONFIRMATION OF A DRUG FREE
WORKPLACE YES YES YES
SCHEDULE OF SUB-
CONTRACTORS SUBMITTED YES/NA YES YES
LICENSES ENCLOSED
NO YES YES
COMMENTS
MEMORANDUM
To:
Carol Doppler, Purchasing Agent
C{;--.-.-<<-
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From:
Quintus Greene, Development Director
Date:
April 27, 2009
Re:
Real Estate Administrator Selection
Pursuant to a Request for Proposals for Real Estate Administration Services, on an
annual contract, to facilitate land acquisition, relocation and property management, three
proposals were received by the closing date of March 11, 2009. The three submitting
firms were: the American Acquisition Group (AAG) , HDR engineering, Inc (HDR) and
Post, Buckley, Schuh & Jernigan, Inc. (PBS&J).
On April 24, 2009 a Review Team, which included myself, Utilities Director, Kofi Boateng
and David Kelley, Assistant Director of Public Works/City Engineer carefully reviewed
and evaluated each proposal. Based on a combination of experience with the type of
services required by the City, the versatility of the firm and the flexibility indicated in the
assignment of their staff, their cost proposal, as well as familiarity with Palm Beach
County and the City of Boynton Beach, it was the unanimous consensus of the Review
Team to recommend contracting with HDR Engineering as the Real Estate Administrator
for the City. The second place in the evaluation went to the American Acquisition Group
(AAG).
Costs associated with securing the services of the Real estate Administrator will be
charged to the requesting department and/or the specific project requiring said services.
CC: Jeff Livergood, Public Works Director
David Kelley, Assistant Director of Public Works/City Engineer
Kofi Boateng, Utilities Director
SUMMARY OF WEIGHTING SCORE SHEET FOR
"REAL ESTATE ADMINISTRATOR"
PANEL MEMBER HDR AAG PBS & J
DAVID KELLEY 45 41 40
QUINTUS GREENE 45 41 40
KOFI BOATENG 45 41 40
TOTALS 145 123 120
TABLE II - WEIGHTING SCORE SHEET
NAME OF Ij'IRM:
SCOPE: A 0
PANEL MEMBER:
SIGNATURE:
._--~
AV /[(i/J ( '- "A (Z) I c. ______
_.....~ .""._-----~--"'- -,_. -,_._"----,-,---~--
_._..,._---_.~----
Weighting l=Poor 2=Below 3=Average
Avera e
5=Excellent
TOTAL
Res onsiveness to Scope
General Qualifications of firm
Financial stability of firm
Location of firm and local staffing
levels for responsiveness to need
Professional personnel qualifications
of "key project members":
Organizational_gl~~t
Biosketches
Resumes
.-...--.------.-.-...-..
Staffing tenur~_________________ _
Workloads, current and projected that
will impact ~(;op~:
Firm
- - -_._~_.,_.-
State or Florida
..._---,.
Local
----------- -_.._--------_._--~------
S 1l!!J:91'Al: p AGJL~~~ OJ.
4
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Jage 1 of 1
Greene, Quintus
From: Boateng, Kofi
Sent: Sunday, April 26, 20094:20 PM
To: Greene, Quintus
Cc: Kelley, David; Livergood, Jeffrey
Subject: Review of Real Estate Consultant Submittals
Quintus:
I have completed a review of the proposals submitted by the three firms: HDR, AAG, and PBS&J.
Thus far HDR appears to be the one with the most versatile range of capabilities, experience, a well-defined
property acquisition project delivery process that are more relevant to the local needs of the City. Further, at
$120.36, HDR's average cost per hour of relevant personnel is much lower than the other two. The average
hourly rate of PBS&J is $131.10, and that of AAG, $142.71.
The runners up to HDR are AAG and PBS&J, respectively.
Please let me know if you will require any additional information.
Thanks
Kofi
4/27/2009
TABLE Il- WEIGHTING SCORE SHEET
NAME OF FIRM:
SCOPE: A [J
PANEL MEMBER:
SIGNATURE:
Weighting l=Poor 2=Below 3=Average
Avera e
5=Excellent
TOTAL
Responsiveness to Scope
General Qualifications of firm
Financial stability of firm
Location of firm and local staffing
levels for responsiveness to need
Professional personnel qualifications
of "key project members":
Organization,!l_ q~a!1
Biosketches
Resumes
Staffing tenure m_..
Workloads, current and projected that
will impac!~~.?J?~:
Firm
State of Florida
Local
---------
... SUB TOTAL l'AGE ON~i!L
3
3
2
4
-4-~
mil
TABLE II - WEIGufING SCORE SHEET
NAME OF FIRM:
SCOPE: A 0
PANEL MEMBER:
SIGNATURE:
Weighting l=Poor 2=Below 3=Average
Avera e
4=Above 5=Excellent
Avera e
TOTAL
Res onsiveness to Scope
General Qualifications of firm
Financial stability of firm
Location of firm and local staffing
levels for res onsiveness to n~ed
Professional personnel qualiQcations
of "key ro"ect members":
Organizational Chart
Biosketches
Reswnes
Staffing tenure
Workloads, current and projected that
will im act scope:
Firm
State of Florida
Local
SUB TOT AL PAGE ONE
4-
1
TABLE ll- WEIGHTING SCORE SHEET
NAME OF FIRM:
SCOPE: A LJ
PANEL MEMBER:
SIGNATURE:
NAME OF SCOPE:
.- ~
---_..~----~_._..,-- ---.'. .~.....-
---..----------
---------~--------- q . - - --
,,~:; ~--I':: f-:"~ / if
1 =Poor
3=Average 4=Above 5=Excellent
Avera e
TOTAL
Res onsiveness to Scope
General Qualifications of firm
Financial stability of firm
Location of firm and local staffing
levels for responsiveness to need
Professional persOlmel qualifications
of "key roject members":
Organizational Chart
Biosketches
Resumes
------ --..----.. -- "
Staffing tenure __________
Workloads, current and projected that
will impact scope:
Firm
State of Florida
---.------.
Local
._~~----,~" _.-" - ..-..-.--.-..----
~y_~ T(~!~l_:.fA G E j!~~JJ1
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Z
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~age 1 of 1
Greene, Quintus
From: Kelley, David
Sent: Friday, April 24, 20092:53 PM
To: Greene, Quintus
Cc: Boateng, Kofi
Subject: Real Estate Administrator Selection
Quintus:
This is to confirm my recommendation (and listing) of the firm for the above noted position. My review considered
the versatility of the firm, the org chart, the type (and class) of evaluations and appraisals that they performed,
their familiarity with our area in Palm Beach County, as well as the availability of the "team" to be of service to the
city. My ranking of the firms is as follows:
1) HDR, Inc. of Tampa, FL.
2) American Acquisition Group, LLC of Tampa, FL.
3) P B S & J, Inc. of Miami, FL>
Please note that this review was done on behalf of Jeff Livergood, PE, Director of the Department of Public
Works. If you have any questions, please advise me.
H. David Kelley, Jr., PE/PSM
Ass't. Dir. of P.W./City Engineer
4/27/2009
TABLE Il- WEIGHTING SCORE SHEET
NAME OF FIRM:
SCOPE: A D
PANEL MEMBER:
SIGNATURE:
NAME OF SCOPE:
Fie),?'::
-_.....,._-----'_._~
_'____.__.._____.~._. "<,',---'..-<'-'.-._.,'.0-
--------~-_....,--~,---~.~----
"-.----..----,------.,--
Weighting l=Poor 2=Below 3=Average
Avera e
5=Excellent
TOTAL
Responsiveness to Scope
General Qualifications of firm
Financial stability of firm
Location of firm and local staffing
levels for responsiveness to need
Professional personnel qualifications
of "key project members":
Organizational Chart
Biosketches
Resumes
Staffing tenure ___._.._.__..
Workloads. current and projected that
will impact scope:
Firm
State of Florida
Local
---.-..----..---,-.-.- ,--. ---.----....---..
... .S U B.X9'~~~~.~A Q.~.9N J;~J)J
-t-
4-
---1
I
TABLE II - WEIGuflNG SCORE SHEET
NAME OF FIRM:
SCOPE: A 0
PANEL MEMBER:
SIGNATURE:
Weighting l=Poor 2=Below 3=Average
Avera e
5=Excellent
TOTAL
Res onsiveness to Sco e
General Qualifications of firm
Financial stability of firm
Location of firm and local staffing
levels for res onsiveness to need
Professional personnel qualifications
of "key project members":
Organizational Chart
Biosketches
Resumes
Staffing tenure
Workloads, current and projected that
will impact scope:
Firm
State of Florida
Local
SUB TOTAL PAGE ONE 1
1
TABLE II - WEIGHTING SCORE SHEET
NAME OF }rIRM:
SCOPE: A LJ
PANEL MEMBER:
SIGNATURE:
:~ " .- .....--_. , . ~
>,~ (~ J;-.? I' f. .,. t:
.. . ..: .-:::.. .:. : . -:-:~
.,>- ~
",.', .I . /"'l'"r;::.' , - 1.. _i. ~;., .
~- ~ <'ffJ#- _ _ ~_
Weighting l=Poor 2=Below 3=Average
Avera e
4=Above 5=Excellent
Avera e
4-
4
TOTAL
Responsiveness to Scope
General Qualifications of firm
Financial stability of firm
Location of firm and local staffing
levels for res Jonsiveness to need
Professional persOlmel qualifications
of "key project members":
Organizational.~Eart
Biosketches
Resumes
Staffing tenure
Workloads. current and projected that
will impact.~~~ye:.
Fiml
State of Florida
7__.__~__..
Local
_...~._----,----,_...-,.
.SU~~T()T~!J PAG~:_Q~~~(lt
4
1-
4-
4-
..!L_
~...
~..
NAME OF FIRM:
SCOPE: A 0
PANEL MEMBER:
SIGNATURE:
Res onsiveness to Sco e
General Qualifications of firm
Financial stability of firm
Location of firm and local staffing
levels for res onsiveness to need
Professional personnel qualifipations
of "key roject members":
Organizational Chart
Biosketches
Resumes
Staffing tenure
Workloads, current and proje<pted that
will impact scope: .
Firm
State of Florida
Local
SUB TOTAL PAGE ONE (1
TABLE Il- WEIGuflNG SCORE SHEET
f ;
/
Weighting I=Poor
j
3=A verage
.1
5=Excellent
TOTAL
1
TABLE II - WEIGHTING SCORE SHEET
NAME OF I?IRM:
SCOPE: A LJ
PANEL MEMBER:
SIGNATURE:
Weighting
1 =Poor
Responsiveness to Scope
General Qualifications of finn
Financial stability of firm ____.
Location of firm and local staffing
levels for responsiveness to need
Professional personnel qualifications
of "key project members":
Organizational_g.!!~~
Biosketches
Resumes
Staffing tenure
Workloads, current and projected that
will impact scope:
Firm
State of Florida
I,ocal
_M'___..._....____.___._.__. _____
~lJB_I~!!.AI~_~_~GE ON~(!t
'.j
- ,/ ,/ '. "',1-.
2=Below
Avera e
r
I
3=Average
l
II
3
.. -~ = .. - ... . ~ ~ - ~:_~~-~~
4=Above
Avera e
S=Excellent
TOTAL
4-
4-
L
~.
VI.-CONSENT AGENDA
ITEM 8.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meetinl?
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission'Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
19 2009
o June 16,2009
NATURE OF
AGENDA ITEM
o AnnouncementslPresentations
o Administrative
[gI Consent A enda
o
o Public Hearin
o
o
o Leal
o Unfinished Business
o
Jul
5,2009
st 4, 2009
Jul
Ul
RECOMMENDATION: A Motion to approve the purchase of audio/visual equipment to include installation,
programming and training from A VI-SPL, Inc. of Deerfield Beach, FL, with an expenditure of: $146,829.80.
Purchase is made utilizing best pricing from various contracts as shown in the attached proposal from A VI-SPL. All
the bids and contracts have complied with Public Contract Bid Requirements equal to or exceeding Boynton Beach's
requirements.
EXPLANA TION: The new Fire Headquarters, Fire Station #5, EOC, Secondary Dispatch Center, and ITS Server
Center is under construction and scheduled to open in August 2009. This multi-purpose building is hardened to
withstand 150mph Hurricane Winds and serve as the City's Emergency Operations Center in case of disaster or
major emergency. AudioNisual equipment is being purchased to support the training, conferencing, public
information, and emergency operation functions of this new facility.
PROGRAM IMPACT: Providing this equipment will enable the mission of the Fire Department and Emergency
Management divisions of the City to ensure its continuity of operations. The equipment will be integral to training,
presenting, collaboration, and emergency management coordination during times of disaster or major emergency.
FISCAL IMPACT: The cost of the equipment and installation for this order will be $146,829.80 of which $70,887.44
from account #305-4118-580-6416 and $75,942.36 will come from account #304-4123-580-6201.
No pproving this purchase. This would leave the new facility wi 0 atisfactory audio/visual
sign and meet the needs of the City in an emergency.
Fire Rescue
&~entName
~~F~
S:\BVLLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Due to the extensive volume of back-up
paperwork involving various vendors associated
with this expenditure, this packet includes only
an equipment list from the primary vendor. All
additional contract information is available upon
request.
AVI~
SPL""
718 South Military Trail, Deerfield Beach, FL 33442
(954) 938-9382 Fax (954) 776-4772
www.avispl.com
~~F-- .-." ~~I.. PROPOSAL SUMMARY .,~ '~.=-= ~~
~,- .~ . 1II~
Boynton Beach, Florida 33435
Barkley Garnsey
Pre plrr'c1 By
Dolt" p".p II pd
Propo,..1 NlIl11lwr
ProJ('( t N..rm
Villrd Untrl
pI]!IIUoiI.liI.'_
Boynton Beach Fire Rescue
100 E Boynton Beach Blvd.D
Brian Leeser
April 15, 2009
July 20, 2248
Public Safety Building
June 15, 2009
TOTAL EQUIPMENT COST
$111,154.83
Includes: cable, connectors, hardware, switches. relays, terminal blocks,
panels, etc., to insure a complete and operational system.
LABOR
$35,674.97
Includes: Engineering, project management, CAD, on-site installation and wiring, coordination and
supervision, testing, checkout, owner training, etc. performed on the Owner's premises. Also
includes all fabrication, modification, assembly, rack wiring, programming, etc., some performed at
AVI-SPL.
DIRECT COSTS
$0.00
Includes: Non equipment or labor costs such as travel expenses, per diem, lift
and vehicle rentals.
FREIGHT
$0.00
Includes all shipping
CUSTOMERSUPPORT
INCLUDED
One Year Full System Warranty - Includes on site diagnostics and labor, bench repair labor, and
all parts necessary to complete a repair.
SUBTOTAL
$146,829.80
TAXES
$0.00
$146.829.80
TOTAL
SCOPE OF WORK
Not Included Structural cerllng Illlllwork or AC/l1cat mod!flcat!Ons HV electncal or condUit
This entire document~d alllnfQRnatlonenclosed Including drawings, specifications and designs Is the. property of AVI-5PL.
Proprietary Infonnatlonprovlded to our client or his agents Is for the sole purpose of demonstrating AVI-sPL's oapebllllles and
shall be held In confidence. These materials may not be copied. distributed or disclosed In any way without the sole written
: permission of an authorized representative of AVI-SPL
Customer Signature
Print
Date
AVI~ SPLN
718 South Military Trail, Deerfield Beach, FL 33442
(954) 938-9382 Fax (954) 776-4772
www.avispl.com
Audio Visual Innovations - A wholly owned subsidiary of AVI-SPL
~'''''-
EQUIPMENT LIST
-~_":~,.-...
PREPARED FOR
Boynton Beach Fire Rescue
100 E Boynton Beach Blvd.o
Boynton Beach, Florida 33435
Barkley Gamsey
Martin A. Lois
May 11, 2009
127307
EOC
July 10, 2009
ITEM QTY Me(. '/ODEl LJESC RIf'TION [', , P'Ir' I, li P'"" Exl',' II .,' P , I XTENDED ,",OTI'S FOR rLll'NT
[J r I) lilt pr~ICI:::.
3 1 Epson (2) V12HOO4S03 Standard Lens $2,972.00 $864.93 $0.00
4 1 BMS(4) LCDLOCII Mount for Projector $217.00 $171.43 $0.00
5 1 Chief(4) CMAOO6 Pipe for Mount $18.00 $14.22 $0.79
6 1 Chief (4) CMA440 Ceiling Mount System $129.00 $101.91 $0.00
9 6 Sharp(4) LC52D65U 52. LCD Display $2,199.99 $1,737.21 $0.00
10 6 Chief (4) MTRU FlatTllt Wall Mount $179.00 $141.41 $0.00
14 9 Extron (5) 6030002 Blank Plate $104.00 $61.00 $0.00
15 9 Extron (5) 7010173 VGA and Audio Module $64.00 $37.00 $0.00
16 9 Extron (5) 7024902 USB Module $78.00 $45.24 $0.00
17 9 Extron (5) 7015002 Power Module $190.00 $111.00 $0.00
18 9 Extron (5) 2656601 VGA and Audio Cable $50.00 $29.00 $0.00
19 1 Toshiba (4) SDV296 VCRlDVD Combo $298.QO $235.42 $134.42
20 1 Cont Rea (4) 232A TSC Digital Tuner (Antenna by Others) $1.050.00 $829.50 $0.00
21 1 Cont Rea (4) RK1-1HD Rack Mount Kit $60.00 $47.40 $0.00
27 9 Extron (5) 6066901 VGA and Audio to CA T5 Converter $390.00 $228.0() $0.00
- .
28 9 Extron (5) 6069001 CAT5 to VGA and Audio Converter $460.00 $268.00 $0.00
29 9 Extron (5) 7021201 Under Desk Mounting Kit $50.00 $29.00 $0.00
30 3 Extron (5) 6060420 Rack Mount Kit $60.00 $32.00 $0.00
31 1 Extron (5) 6085221 Matrix Swltcher $11.890"00 $6,939.00 $0.00
32 1 Extron (5) 6077101 Multi Window Processor $13,190.00 H$7,698:oo $0.00
41 1 Clearone (4) 910151900 DSP Audio Processor $2.149.00 $1,547.28 $0.00
42 1 Shure (6) MX418SS Gooseneck Microphone $358.40 $283.13 $0.00
43 1 Shure (6) ULXS1484 Wireless Microphone $1,156.07 $913.29 $127.29
45 1 Biamp (4) MXA 150 Power Amplifier $858.00 $61'7.82 $0.00
46 12 JBL(4) Control 26CT Ceiling Mounted Speakers $177.00 $139.83 $13.11
55 1 Crestron (1) AV2 Central Processor $1,350.00 $1,562.63 $0.00
56 1 Crestron (1) STRMK Rack Mount Kit $75.00 $86.81 $0.00
57 1 Crestron (1) TPS4000 Touchpanel $2.400.00 $2,778.00 $0.00
58 1 Crestron (1) PW2420RU Power Supply $125.00 $144.69 $0.00
59 2 Crestron (1) STeaM RS232 Controller $350.00 $405.13 $0.00
60 1 c::reslron <n CNTBLOCK Network Block $85.00 $98.39 $0.00
70 1 Middle Atlantic (5) ERS Equipment Rack System $3,289.16 $2,598.43 $568.81
71 1 Smart (3) SSID370 17" Dlagonallnteractve Display $2,899.00 $2,406.17 $492.83
Page 1 of 10
~864.93
/ $171.43
;/ $13.43
.; $101.91
j ~1,737.21
,/ $141.41
vi $61.00
./$37.00
,/ $45.24
/$111.00
V $29.00
$101.00
V $829.50
./ $47.40
./ $228.00
v' $268:00 -
i/ $29.00
V $32.00
./$6,939.00
;./ $7,698.00
V' $1,547.28
/ $283.13
V $786.00
/ $677.82
/ $126.72 1,
v' ;S1,562.63
../ $86.81
/.$2,778.00
/" $144.69
-/ $405.13
.,/ $98.39
,,/$2.029.62 I,
V $2.406.1'7
v $864.93
..... $171.43
v $13.43
,<.' $10,1 .91
,/$10,423.26
$848.46
It' $549.00
\.-- $333.00
, $407.16
. $999.00
.: $261.00
../$101.00
v'$829.50
-I. $47.40
\ '$2,052.00
'\. '$2,412.00
'" $261.00
.. $96.00
",.../$6,939.00
.... $7,698.00
,.$1.547.28
u $283.13
~ $786.00
$677.82
'. $1,520.64
, $1,562.63
$86.81
$2,778.00
$144.69
. $810.26
$98.39
$2,029.62
$2,406.17
FI State Cont #880-000-09-01 70.90% Discount
Hernando County Public School Bid 05-48()..12 21% Discount
Hernando County Public Sc.hool Bid 05-48()..12 21% Discount
Hernando County Public School Bid 05-480-12 21% Discount
Hernando County Public School Bid 05-48()..12 21 % Discount
Hernando County Public School Bid 05-480-12 21% Discount
GSA Contract # G5-35F-4545G
GSA Contract # G5- 35F-4545G
GSA Contract # G5-35F-4545G
GSA Contract # G5-35F-4545G
GSA Contract # G5- 35F-4545G
I-fernando County Public School.Bid 05-480-12 21% Discount
Hernando County Public School Bid 05-480-12 21% Discount
Hernando County Public School Bid 05-480-12 21% Discount
GSA Contract # GS-35F-4545G
GSA Contract # GS-35F-4545G
GSA Contract # GS-35F-4545G
GSA Contract # GS-35F-4545G
GSA Contract # G5-35F-4545G
GSA Contract # GS-35F-4545G
Hernando County Public School Bid 05-480-12 21 % Discount
Desoto County School Board SBDC 0809-4 21 % Discount
Desoto County School Board SBDC 0809-4 21 % Discount
Hernando County Public School Bid 05-480-12 21 % Discount
Hernando County Public School Bid 05-480-12 21% Discount
GSA Contract GS-03F-0037M (Dealer cost + 15.75%)
GSA Contract GS-03F-0037M (Dealer cost + 15.75%)
GSA Contract GS-03F-0037M (Dealer cost + 15.75%)
GSA Contract GS-03F-0037M (Dealer cost + 15.75%)
GSA Contract GS-03F-0037M (Dealer cost + 15.75%)
GSA Contract GS-03F-OO37M (Dealer cost + 15.75%)
Hernando County Public School Bid 05-480-12 21 % Discount
FL State Cont #14-880-000-Q 17% Discount
AVI~ SPL'"
718 South Military Trail, Deerfield Beach, FL 33442
(954) 938-9382 Fax (954) 776-4772
www.avispl.com
Audio Visual Innovations - A wholly owned subsidiary of AVI-SPL
~ "'~ ~
EQUIPMENT LIST
'~....'"f'~~",'"
Boynton Beach Fire Rescue
100 E Boynton Beach Blvd.D
Boynton Beach, Florida 33435
Barkley Gamsey
Martin A. Lois
May 11, 2009
127307
EOC
July 10, 2009
PREPARED FOR
ITEM OTY MFG MODEL DESCRIPTION B 1St' PIll r' Bid Prier' Ext, 1 Unit Prier EX fENDED NOTES FOR CLIENT
01SCOllllt PRICE
Eauioment Total $52,515.92 l'
Installation Materials $6,786.44 ./
Labor $16,640.00 ~
Direct Costs $0.00
Freight $0.00
Subtotal $75,942.36
Tax $0.00
TOTAL $75,942.36
f.:
This entire document and all Information enclosed including drawings, specifications and designs Is the property of AVI-SPl. Proprietary Information provided
to our client or his agents Is for the sole purpose of demonstrating AVI-SPL's capabilities and shall be held In confidence. These materials may not be copied,
distributed or disclosed In any way without the sole written permission of an authorized representative of AVI-SPL
\
Page 2 of 10
AVI~ SPL"
718 South Military Trail, Deerfield Beach, FL 33442
(954) 938-9382 Fax (954) 776-4772
www.avispl.com
EQUIPMENT LIST
I
PREPARED FOR
Boynton Beach Fire Rescue
100 E Boynton Beach Blvd.D
Boynton Beach. Florida 33435
Barkley Garnsey
May 11, 2009
127307
Multipurpose Rm 106
July 10, 2009
ITE\1 QTY MFrJ r/01J[ I DESC RIPTIO'~ R 1 I f'rl( B <I Prld Extr 1 Lillll PrlCr f XTf '\IOFD PRier::: NOTES fOR CLIENT
01 (\1!111t
1
2
3
4
5
6
7
8
9
11
13
14
15
16
17
18
19
20
21
28
29
30
31
33
34
35
1
1
1
1
2
1
1
1
1
1
1
1
2
8
1
1
1
1
2
2
2
2
2
3
1
1
Epeon (2)
Chief (4)
Exlron (5)
Extron (5)
Extron (5)
Extron (5)
Sony (4)
Sony (4)
Sony (4)
Shure (6)
Epson (2)
LG(4)
JBL(4)
JBL(4)
Middle Allantlc (5)
Smart (3) .
Crestron( 1)
Crestron(1)
Crestron (1)
Samsung (4)
Samsung (4)
Chief (4)
Chief (4)
Extron (5)
Elmo (4)
TVOne 5
G5200WNL
KITLS012018
6030002
7010311
7010173
6063521
SRP-X500P
UWPX8I4244
UWPX713032
MX418SS
V12H004S03
RC897T
Control 28W
Control 26CTW
ERS
SSI0370
AV2TPMC8X PAC
CENWAPABG1G
C2NDB6B
400DX
SPL400DB
JWDSK210B
MSB6534
6042712
Pl0S
1T-V1280HD
4200 Lum!ll1s LCD Projector
Celling.Moun1 Kit for LCD Projector
AAP Wall Plale
XLR Input Module
15 Pin VGA wI Audio Module
.. VGA and Stereo Matrix Switcher
Matrix AV M1_ Amplifier
Handheld Mlc Iw Wireless Receiver
Leveller Mlc wI Wireless Receiver
Gooseneck Microphone
Standard Lens
DVDNCR wlTuner
Speakers wI Wall-Mount (while)
CeUInQ. Mounted Speakers (While)
Equipment Rack System
17" Diagonallnteractve Display
WiFi 8.4" Dlag. Control Package
802.11 a/blg WI,.;,less AcCess Point
TouchpaneUWall Mounted for Monitors 1&2)
4~". L~D_ Display
Side-Mount Speakers
Swing Ann Tift Pivot Wall-Mount Kit
Interface Bracket
One Gang Wall Plale (VGA)
Digital Document Camera
Com tto RGB Scaler
$9.982.00
$523..00
$104.00
$36.00
$64.00
$1,190.00
$1.785.00
$749.00
$749.00
$358.40
$2.972.00
$449:00
$289.00
$177.00
$3.289.16
$2.899.00
$3,950.00
$200.00
$130.00 .
$1,999.00
$249.00
$399.00
$109.00
$160.00
$1.990.00
$299.00
$2.376.00
$413.17
$61.00
$21.00
$37.00
$695.00
$1,410.15
$591.71
$591.71
$283.13
$864.93
$354.71
$228.31
$139.83
$2,598.14
$2,406.17
$4.572.13
$231.50
$150.48
$1,579.21
$196.71
$315.21
$86.11
$93.00
$1.572.10
$248.17
$0.00
$140.96
$0.00
$0.00
$0.00
$0.00
$46.40
$82.96
$82.96
$0.00
$0.00
$99.15
$44.71
$13.11
$568.52
$492.83
$0.00
$0.00
$0.00
$50.21
$21.71
$232.37
$40.78
$0.00
$100.51
$0.00
....']. 2,376.00
/. $272.21
../ $61.00
V""'$21.oo
V $37.00
V $695.00 v'
\,/.$1,363.75
,;t $508.75
~ ;~~:~~
\/,$854.93
$255.56 1
/$183.60
$126.72 1,
.......$2.029.62
V/. $2.406.17
V_ $4.572.13
V $23(50
./ $150.48
;; $1.529.00
$175.002:
V $82.84
I ..)45.33
,/ $93.00
.........$1,471.59
V $248.17
$2,376.00 Slate Coni #880-000-09-O1 76.20% Discount
$272.21 Hernando County Public School Bid 05-480-12 21 % Discount
$61.00 y GSA Contract 1/ GS-35F-4545G
$21.00 f. GSA Contract 1/ GS-35F-4545G
$74.00 GSA Contract 1/ GS-35F-4545G
$695.00 GSA Contract if GS- :iSF:4s45G
$1.363.75 " Hernando coUnty Public School Bid 05-480-12 21 % Discount
$508.75 ~ Hernando County Public School Bid 05-480-12 21% Discount
$508.75 V Hernando County Public School Bid 05-480-12 21 % Discount
$283.13 . - esoto County School Board SBDC 0809-4 21% Discount
$864.93 FI Slate Cont #880-000-09-01 70.90% Discount
$255.56 Hernando CoUnty Public School Bid 05-480-12 21% Discount
$367.20 Hernando County Public School Bid 05-480-12 21% Discount
$1.013.76 .. Hernando County Public School Bid 05-480-12 21 % Discount
$2,029.62, Hernando County Public School Bid 05-480-12 21% Discount
$2,406.17" fL SlateConI #14-880-000-Q 17% Discount
$4.572.13 \-. 'GSA Contract GS-03F-0037M (Dealer cost + 15.75%)
$231.50 '" GSA Contract GS-03F-0037M(Deafercost + 15.75%)
$300.96 GSA Contract GS-03F-0037M (Dealer cost + 15.75%)
$3,058.00 "v Hernando County Public School BId 05-480-12 21% Discount
$350.00 Hernando County Public School Bid 05-480-12 21% Discount
$165.68 V Hernando County Public School Bid 05-480-1221% Discount
$90.66 V Hemando County Public School Bid 05-480-1221% Discount
$279.00 Ii GSA Contract 1/ GS-35F-4545G
$1,471.5Q ".Hernando County Public School Bid 05-480-12 21% Discount
$248.17 r en Merket ftem
Equipment Total $23,868.52
Installation Materials $3,207.28
Labor $9,548.12
Direct Costs $0.00
Freight $0.00
Subtotal $36,623.92
Tax $0.00
TOTAL $36,623:92
Page 3 of 10
This entire document and all Information enclosed Including drawings, specifications and designs Is the property of AVI.SPL. Proprietary Information provided to our client or his
agents Is for the sole purpose of demonstrating AVI-5PL's capabllllles and shall be held In confidence. These materials may not be copied, distributed or disclosed In any way
wlthout the sole wrlllen permission of an authorized representative of AVl-5PL
AVI~ SPL'"
718 South Military Trail, Deertield Beach, FL 33442
(954) 938-9382 Fax (954) 776-4772
www.avispl.com
EQUIPMENT LIST
I
Boynton Beach Fire Rescue
100 E Boynton Beach Blvd.o
Boynton Beach, Florida 33435
Barkley Garnsey
PREPARED FOR
ITEM OTY F~ld Pr Cl Exfr 1 Urllt PII{ l EX 1 ENDED f'RICE NOTES FOR CIIEN T
MFG r~ODII DESe Im'rION Hl<.,f Prl( (
01' (Olll't
V .. .... - .
2 1 Chief (4) LTMU Tilt Mount $299.00 $236.21 $24.17 $212.04 $212.04 V Hernando County Public School Bid 05-480-12 21%
3 1 FSR(4) TC-PC1-BLK 3.S" Round Table Box $379.00 $299.41 $0.00 $299,41 7 $299.41 t' Hernando County Public School Bid 05-480-12 21%
4 1 Panasonic (4) TY-SPS8P10WK Speaker Kit for Plasma $S5O.OO $434.S0 $0.00 / $434.S0 $434.S0 ~' !:lernando County Public School Bid OS-480-12 21 %
S 1 Extron (S) 6078911 Wall Plate Component $40.00 $23.00 $0.00 V $23.00 $23.00".. GSA Contract # GS- 35F-4545G
6 1 Extron (S) 6074S02 Infra-red and Volume Controller $410.00 $239.00 $0.00 -L $239.00 $239.00 v' GSA Contract # G5- 35F-4545G
7 1 Extron (5) 2656603 12ft. VGA Cable $60.00 $35.00 $0.00 <:I' $35.00 $35.00 · GSA Contract # GS- 35F-4545G
8 1 Comprehensive (4) 3RCA3RCA 15HR ComponenetVideo Cable $44.99 $35.54 $7.31 ,A$28.23 $28.23 f'. Hernando County Public School Bid 05-480-12 21%
9 1 Sharp (4) LC22SB24U 22" LCD Display $499.99 $394.99 $0.00 j $394.99 $394.99 · Hernando County Public School Bid OS-480-12 21%
10 1 Chief (4) FWDSKVB Swivel Tilt Mount Bracket $199.00 $157.21 $21.17 $136.04 $136.04 \' Hernando County Public School Bid 05-480-12 21 %
( )
play
ty
Equipment Total $4,211.71
Installation Materials $578.18
Labor $1,523.80
Direct Costs $0.00
Freight $0.00
Subtotal $6,313.69
Tax $0.00
TOTAL $6,313.69
This entire document and all Information enclosed Including drawings, specifications and designs is the property of AVI-SPL. Proprietary Information provided to
our client or his agents Is for the sole purpose of demonstrating AVI-SPL's capabilities and shall be held in confidence. These materials may not be copied,
dlstrtbuted or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL
Page 4 of 10
AVI~ SPL'"
718 South Military Trail, Deerfield Beach, FL 33442
(954) 938-9382 Fax (954) 776-4772
www.avispl.com
,~~- .~I EQUIPMENT LIST ,:.;~~..:~- -
.-'!: . ,. 1Il.
Boynton Beach Fire Rescue
100 E Boynton Beach Blvd.]
Boynton Beach, Florida 33435
Barkley Garnsey
PREPARED FOR
Samsung (4) 400CX
Chief (4) MCSU
Chief (4) _ ~1\4S0305
Chief (4) CMA115
Extron 5 60-779-11
. 40. LCD Display
Mounts
Adjustable Pipe
Ceiling Plate
VGA Wall Plate wI Audio, RCA Video/Aud L&R
$1.214.23 ernando County Public School Bid 05-480-12 21 %
$181.64,.1 Hernando County Public School Bid 05-480-12 21%
$93.48 . Hernando Countypublic School Bid 05-480-12 21%
$39.52 tI' Hernando County Pubiic School Bid 05-480-12 21%
V $46.00 '" GSA Contract # GS-35F-4545G
Equipment Total $1,574.87
Installation Materials $175.00
Labor $397.10
Direct Costs $0.00
Freight $0.00
Subtotal $2,146.97
Tax $0.00
TOTAL $2,146..97
This entire document and all Information enclosed Including drawings, specifications and designs is the property of AVI-5PL. Proprietary Information provided to our
client or his agents Is for the sole purpose of demonstrating AVI-5PL's capabilities and shall be held In confidence. These materials may not be copied, distributed or
disclosed in any way without the sole written permission of an authorized representative of AVI-5PL
Page 5 of 10
AVI~ SPL'"
718 South Military Trail, Deerfield Beach, FL 33442
(954) 938-9382 Fax (954) 7764772
www.avispl.com
EQUIPMENT LIST
PREPARED FOR
Boynton Beach Fire Rescue
100 E Boynton Beach Blvd.c
Boynton Beach, Florida 33435
Barkley Garnsey
Brian Leeser
May 11,2009
127307
Room 233
July 10, 2009
ITEM OTY MIC, III SC "IPIION H,I~ f Pr I( ( !~Id PrH (' [xtt 1 Ulll Prl( P l X I ENlJELJ ""ICE NOTES FOR CI IE N I
r~O[)~1
DI~,COIJfl1
1 1 Panasonlc (4) TH58PH10UKA 58. Plasma Display $3,050.00 $2,409.50 $0.00 ~,409.50 $2,409.50 II Hemand,oGountyPublic School Bid 05480-12 21%
2 1 Chief (4) LTMU Tilt Mount $29!!,00 $236.21 $24.17 $212.(j4 $212.04 ", Hernando County Public School Bid 05480-12 21%
3 1 FSR(4) TC-PC1-BLK 3.5. Round Table Box $379.00 $299.41 $0.00 ~299.41 . $299.41 .'1 Hernando County Public School Bid 05480-12 21%
4 1 Panasonic (4) TY-SP58P10WK Speaker Kit for Plasma $550.00 $434.50 $0.00 \' $434.50 $434.5QJI !ierrlal1dC) (;ounty Public School Bid 05480-12 21 %
5 1 Extron (5) 6078911 Wall Plate Component $40.00 $23.00 $0.00 ....---$23.00 $23.00 V GSA Contract # GS-35F-4545G
6 1 Extron (5) 6074502 Infra-red and Volume Controller $410.00 $239.00 $0.00 v $239.00 $239.00 v GSA Contract # G5-35F-4545G
7 1 Extron (5) 2656603 12ft. VGA Cable $60.00 $35.00 $0.00 \..( v $35.00 $35.00 If GSA Contract # G5- 35F-4545G
- -. ,. .
8 1 Comprehensive (4) 3RCA3RCA15HR Componenet Video Cable $44.99 $35.54 $7.31 J $28.23 $28.23 . Hernando County Public School Bid 05480-12 21%
9 1 Sharp (4) LC22SB24U 22" LCD Display $499.99 $394.99 $0.00 $394.99 $394.99, If' Hernando County Public School Bid 05-480-12 21%
10 1 Chief (4) FWDSKVB Swivel Tilt Mount Bracket $199.00 $157.21 $21.17 V$136.04 $136.04, Hernando County Public School Bid 05480-12 21 %
Equipment Total $4,211.71
Installation Materials $578.18
Labor $1,523.80
Direct Costs $0.00
Freight $0.00
Subtotal $6,313.69
Tax $0.00
TOTAL $6,313.69
This entire document and alllnformalion enclosed Including drawings, specifications and designs is the property of AVI-SPL. Proprietary information provided to our
client or his agents is for the sole purpose of demonstrating AVI-SPL's capabilities and shall be held In confidence. These materials may not be copied, distributed or
disclosed in any way withoutthe sole written permission of an authorized representative of AVI-SPL
Page 6 of 10
AVI~ SPL"
718 South Military Trail, Deerfield Beach, FL 33442
(954) 938-9382 Fax (954) 776-4772
www.avispl.com
EQUIPMENT LIST
Boynton Beach Fire Rescue
100 E Boynton Beach Blvd.D
Boynton Beach, Florida 33435
Barkley Garnsey
Brian Leeser
May 11,2009
127307
Room 235
July 10, 2009
PREPARED FOR
1 Epson (2) 173SW 3000 Lumens, LCD projector $3,094.00 $1,378.00 $0.00 1,378.00 $1,378.00 F1 Stale Coni #8800-000-09-01 55.46% DIscount
2 Chief (4) KITlS012018 Ceilin9Mount Kit $S23.00 $413.17 m $140:96 $272.21 $272.21 Hernando CountyPublicSchoolBid OS'480-12 21%
,
3 F~R(4) TCPC1 BlK 3.S. Table Box (Computer Connect at Desk) $379.00 $299.41 $0.00 $299.41 , $299.41 Hernando County Public School Bid OS-480-1221 %
4 Extron (5) 6078911 Wall Plate Component. $40.00 $23.00 $0.00 ;/ $23:00 $23.00 GSA CoIrtract#G5:-35f...4545G
S Extron (S) 6074502 Infra-red and Volume Controller $410.00 $239.00 $0.00 V $239.00 v $239.00 GSA Contract # GS-35F-4545G
6 OWl (4) AMP1SS2 (1) Powered, (1) Non-Powered Ceiling Mnt Spkr $367.00 $289.93 $4S.26 t:;'$244.67 $244.67 Hernando County PUblic School Bid OS-480-12 21%
7 Extron (S) 26S6603 12ft. VGA Cable $60.00 $3S.00 $0.00 ../ :$3S.00 V $3S.00 GSA Contract # G5-35F-4545C;.
8 Comprehensive (4) 3RCA3RCA1SHR Componenet Video Cable $44.99 $3S.S4 $7.31 ~ $28.23 $28.23 Hernando County Public School Bid 05-480-12 21%
9 ShalJ'(4) lC22SB24U 22" LCD Display $499.99 $394.99 $0.00 $394.99 t,' $394.99 Hernando County Publ.ic School Bid 05-480-12 21 %
10 Chief 4 FWDSKVB Swivel Tilt Mount Bracket $199.00 $157.21 $21.17 v'$136.04 , $136.04 Hernando Coun Public School Bid 05-480-12 21 %
v
Eauioment Total $3,050.55
Installation Materials $416.04
Labor $1,604.43
Direct Costs $0.00
Freiaht $0.00
Subtotal $5,071.02
Tax $0.00
TOTAL $S;07't02
This entire document and all Information enclosed Including drawings, specifications and designs Is the property of AVI.SPL. Proprietary Information provided to our client or his agents
Is for the sole purpose ofdemonslratlng AVl-SPL's capabilities and shall be held In confidence. These materials may not be copied, distributed or disclosed In anyway wlthoutthe sole
written permission of an authorized representative of AVl-SPL
Page 7 of 10
718 South Military Trail, Deerfield Beach, FL 33442
(954) 938-9382 Fax (954) 776-4772
www.avispl.com
PREPARED FOR
Boynton Beach Fire Rescue
100 E Boynton Beach Blvd.D
Boynton Beach, Florida 33435
Barkley Gamsey
May 11, 2009
127307
Room 243
July 10, 2009
1
2
3
4
5
6
7
8
Panasonlc (4) TH58PH10UKA
Chief (4) LTMU
FS~(4) TC-PC1-BLK
F'anal;onic (4) IV-SP58P10WK
Extron (5) 6078911
Extron(5) 6074502
Extron(5) 2656603
Com rehensive 4 3RCA3RCA15HR
58. Plasma .Display
Tilt Mount
3.5. Round Table Box
Speaker Kit for Plasma
Wall Plate Component
Infra-red and Volume Controller
12ft. VGA Cable
Com onenet Video Cable
$3,050.00
$299.00
$379.00
$550.00
$40.00
$410.00
$60.00
$44.99
$2.409.50
$236.21
$299.41
$434.50
$23.00
$239.00
$35.00
$35.54
ern~ndo County Public School Bid 05--480-12 21%
$212.04. Hernando County Public School Bid 05--480-12 21%
$299.41 Hernando County Public Schoof Bid 05--480-12 21 %
$434.50' .~. Hernando CountY Public School Bid 05--480-12 21%
$23.00. GSA Contract # G5-35F-4545G
$239.00. GSA Contract # G5-35F-4545G
$35.00. GSA Contract # GS-35F-4545G
$28.23 Hernando County Public School Bid 05--480-12 21 %
.v'
Equipment Total $3,680.68
Installation Materials $510.64
Labor $1,445.53
Direct Costs $0.00
Freight $0.00
Subtotal $5,636.85
Tax $0.00
TOTAL $5,636;85
This entire document and all information enclosed including drawings, specifications and designs Is the property of AVI-5PL. Proprietary information provided to our client
or his agents is for the sole purpose of demonstrating AVI-5PL's capabilities and shall be held In confidence. These materials may not be copied, distributed or disclosed in
any way without the sole written permission of an authorized representative of AVI-5PL
Page 8 of 10
AVI~ SPL'"
718 South Military Trail, Deerfield Beach, FL 33442
(954) 938-9382 Fax (954) 776-4772
www.avispl.com
~,~~~ .-- ,S EQUIPMENT LIST ,:::~;~~_~~
,r , . 'III~
PREPARED FOR
Boynton Beach Fire Rescue
100 E Boynton Beach Blvd.D
Boynton Beach, Florida 33435
Barkley Garnsey
Brian Leeser
May 11, 2009
127307
(5) Flat Screens
July 10, 2009
$1,974.95
$680.20 Hernando County Public School Bid 05-480-1221%
$766.68 \. Hernando County Public School Bid 05-480-1221%
Equipment Total $3,421.83
Installation Materials $224.02
labor $1,827.32
Direct Costs $0.00
Freight $0.00
Subtotal $5,473.17
Tax $0.00
TOTAL $5,473.17
This entire document and all Information enclosed Includln9 drawings, specifications and designs Is the property of AVI-SPL. Proprietary Information
provided to our client or his agents Is for the sole purpose of demonstrating AVI-SPL's capabilities and shall be held in confidence, These materials may
not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL
Page 9 of 10
AVI<> SPL'"
718 South Military Trail, Deerfield Beach, FL 33442
(954) 938-9382 Fax (954) 776-4772
www.avispl.com
~~~-'. f, EQUIPMENT LIST :...~;..;.t-- ~
,,;;, " '1!1!
Boynton Beach Fire Rescue
100 E Boynton Beach Blvd.D
Boynton Beach, Florida 33435
Barkley Garnsey
1st Floor Recep Flat Screen
July 10, 2009
PREPARED FOR
emando County Public School Bid 05-480-12 21%
Hernando County Public School Bid 05-480-12 21 %
$93.48, Hernando County Public School Bid 05-480-12 21%
$39.52 I,' Hernando County Public School Bid 05-480-12 21%
EauiDment Total $2,012.46
Installation Materials $130.80
Labor $1,164.87
Direct Costs $0.00
Freiaht $0.00
Subtotal $3,308.13
Tax $0.00
TOTAL $3,308.13
This entire document and all Information enclosed Including drawings, specifications and designs is the property of AVI-SPL. Proprietary information provided to our
client or his agents Is for the sole purpose of demonstrating AVI-SPL's capabilities and shall be held In confidence. These materials may not be copied, distributed or
disclosed in any waywlthoutthe sole written permission of an authorized representative of AVI-SPL
Page 10 of 10'
VI.-CONSENT AGENDA
ITEM B.3.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Fonn Must be Requested City Date Final Fonn Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Offi ce
0 April 21, 2009 Aoril6, 2009 (Noon) 0 June 16, 2009 June 1,2009 (Noon)
0 May 5, 2009 April 20, 2009 (Noon) 0 July 7, 2009 June 15,2009 (Noon)
0 May 19, 2009 May 4, 2009 (Noon) 0 July 21, 2009 July 6, 2009 (Noon)
~ June 2,2009 Mav 18,2009 (Noon) 0 August 4, 2009 July 20, 2009 (Noon)
0 Announcements/Presentations 0 City Manal!.er's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: A motion to award the "RE-BID FOR TWO-YEAR CONTRACT FOR
SCHOOL CROSSING GUARD SERVICES" Bid# 027-2110-09/JA, to Kemp Group International
Corporation of Miami, Florida, for an estimated annual expenditure of $ 304.170.00.
Contract Period: June 24, 2009 to June 23, 2011
EXPLANATION: On March 03, 2009, Procurement Services opened and tabulated two (2)
proposals for this bid. Kemp Group International Group is the lowest, most responsive,
responsible bidder who meets all specifications. Michael Kelly, Sergeant, Traffic, Uniformed
Services, Police Department concurs with this recommendation, (see attached memo).
PROGRAM IMP ACT: The purpose of this bid is to establish a firm price for a two-year period,
for the provision of School Crossing Guard Services at the various locations within the City.
The provision of this bid will allow for one (1) year extension at the same terms, conditions, and
prices subject to vendor acceptance, satisfactory performance and determination that the renewal
is in the best interest of the City.
FISCAL IMP ACT:
BUDGET ACCOUNT#
ESTIMATED ANNUAL
EXPENDITURE
$304,170.00
001-2110-521-49-17
AL TERNA TIVES: It is imperative for the City to hire a crossing guard company as it would not
be safe for the children to cross the streets without a crossing guard.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
City Attorney I Finane
~h~.p~
hasing Agen
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
I
1 !
2 RESOLUTION NO. R09-
3
4 A RESOLUTION OF THE CITY OF BOYNTON
5 BEACH, FLORIDA, APPROVING THE AWARD OF
6 BID #027-2110-09/JA TO KEMP GROUP
7 INTERNATIONAL CORPORATION OF MIAMI,
8 FLORIDA FOR THE TWO YEAR CONTRACT FOR
9 SCHOOL CROSSING GUARD SERVICES FOR AN
10 ESTIMATED ANNUAL EXPENDITURE OF
11 $304,170.00; AUTHORIZING THE CITY MANAGER
12 TO EXECUTE THE AGREEMENT FOR TWO-YEAR
13 CONTRACT FOR SCHOOL CROSSING GUARD
14 SERVICES; AND PROVIDING AN EFFECTIVE
15 DATE.
16
17
18 WHEREAS, On March 3, 2009, two (2) proposals were received and opened by
19 Procurement Services for the two year contract for school crossing guard services; and
20 WHEREAS, staff is recommending the award to Kemp Group International
21 Corporation, of Miami, Florida as the lowest, most responsive, responsible bidder who
22 meets all specifications.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
26 as being true and correct and are hereby made a specific part of this Resolution upon
27 adoption.
28
Section 2.
The City Commission of the City of Boynton Beach, Florida,
29 hereby approves the award of Bid #027-2110-09/JA to Kemp Group International
30 Corporation for the two year contract for school crossing guard services, and does hereby
31 authorize the City Manager to execute an Agreement in the estimated annual expenditure
S:\CA\RESO\Agreements\Bid Awards\Award of Bid - Kemp Group (Crossing Guard).doc
of $304.170.00. a cupy uf said Agreement is attached heretu and maue a part hereof.
2
Section 3.
That this Resolution shall become etTective immediatelv.
3
PASSED AND ADOPTED this
day ofJune. 2009.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 ATTEST:
22
23
24
25
26 Janet M. Prainito, CMC
27 City Clerk
28
29
30
31 (Corporate Seal)
32
33
34
35
CITY OF BOYNTON BEACH. FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
II
II
II
,
I
I
,
,
;
S\CA\RESO\Agreements\Bid Awards\Award of Bid - Kemp Group (Crossing Guard) doc
CITY OF BOYNTON BEACH, FLORIDA
INTER-OFFICE MEMORANDUM
fO:
Carol Doppler,
Procurment Services,
Finance Department
DATE:
April 17, 2009
FILE:
SUBJECT: RFP 027-2110-09/JA
FROM: Michael Kelley, Sergeant, REFERENCES:
Traffic, Uniformed
Services, Police A.PR ') 7 ~mn9
Department -' .........
ENCLOSURES: .... 0 ..(i;'Y'i:::~
Kemp Group International Corporation was the selected vendor for the above referencedLdequesfIOr Proposal.
This rfp should be charged to account: 001-2110-521-49-17.
Per, Ms. Allen's emai1 the alternate would be the only other submission: Fryar Security Services.
~~~ Itl~ LUW~~'f, MU~'f KE~PUN~lV~, KESPUN~lHL~ HIUU~R WHO ME~'f~ ALL ~PEGIFIGA'flON~*****
~_~-h~- ~
rol Doppler, CPPB, f'Phrchasing Agent Michael Kelley, Police, Sergeant-Road Patrol
RE-BID FOR TWO-YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES
BID DUE DATE: MARCH 03, 2009
BID DUE TIME: 2:30 P.M.
BID # 027-2110-09/JA
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation.
if any. are hereby rejected as late"
HOURLY RATE
KEMP GROUP INTERNATIONAL CORP.
P.O. BOX 471614
MIAMI, FL 33247
PH: (954) 437-7294
FAX:(954) 437-8952
CONTACT: CHRISTINA ADERINOKUN
$14.30
FRYER SECURITY SERVICES, INC.
3100. RIO GREANDE AVE.
ORLANDO FL. 32805
PH: (407) 271-4815
FAX:(407) 271-4816
CONTACT: GLENDA ALLEN
$14.58
VENDORS
RESPONSE TIME IN HOURS
7-14 DAYS
48 HOURS
NUMBER OF PROPOSAL.S
SUBMITTED
ONE
ONE
SPECIFICATION "CHECK OFF"
SHEETS (PAGES 3-5) SUBMITTED
YES
YES
ORIGINAL AND TWO (2) COPIES
SUBMITTED
YES
YES
BIDDERS QUALIFICATION FORM
SUBMITTED
YES
YES
COPY OF OCCUPATIONAL.
LICENSE ENCLOSED
YES
YES
VERIFICATION OF SCHOOL
CROSSING GUARD TRAINING
CERTIFICATE SUBMITTED
YES
YES
SCHEDULE OF
SUBCONTRACTORS
SUBMITTED
I
l~ _
YES/N/A
N/A
Rp .Bll! to! 1 wo 'r ear i..:nntract For
)1 CrossiI!g Collard S,"/vic.e;;
RE-BID FOR TWO-YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES
BID DUE DATE: MARCH 03, 2009
BID DUE TIME: 2:30 P.M.
BID # 027-2110-09/JA
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation.
if any, are hereby rejected as late"
VENDORS KEMP GROUP INTERNATIONAL CORP. FRYER SECURITY SERVICES, INC.
P.O. BOX 471614 3100. RIO GREANDE AVE.
MIAMI, FL 33247 ORLANDO FL, 32805
PH: (954) 437-7294 PH: (407) 271-4815
FAX:(954) 437-8952 FAX:(407) 2714816
CONTACT: CHRISTINA ADERINOKUN CONTACT: GLENDA ALLEN
NON COLLUSION AFFIDAVIT
SUBMITTED YES YES
ANTI-KICKBACK AFFIDAVIT
SUBMITTED YES YES
CONFIRAMTION OF MINORITY
OWNED BUSINESS YES/BLACK WOMEN YES/BLACK - CERTIFIED
CERT. BROWARD COUNTY FL EMSDC AND STATE OF FLORIDA
CONFIRMA TrON OF A DRUG-FREE
WORKPLACE SUBMITTED YES YES
COMMENTS
Re-Bid for Two-Year Contract For School Crossing Guard Services
SPECIFICATIONS
RE-BID
FOR
"TWO-YEAR CONTRACT FOR SCHOOL CROSSING GUARD
SERVICES"
The purpose of this bid is to establish a firm price, for a two-year period, for the provision of
School Crossing Guard Services on an "AS NEEDED BASIS" at designated times and various
locations determined by the City. The awarded contractor will be responsible for the supervision
of all personnel in accordance with contract specifications, terms and conditions, and shall
exercise exclusive control over persons employed to fulfill these contract requirements.
Please place an (x) on the blank line next to each item if a specification is met. If exception is
taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit
specifications "check-off' sheets (Pages 3-5) with the proposal sheet in order for a bid to be
considered.
~
~
Orders will be placed on an "AS NEEDED BASIS" to meet City usage requirements.
Contractors shall specify the estimated response time necessary to get crews working
after receipt of order. The response time should be your best estimate, as orders will be
placed based on that information.
+-
l
Hourly charges offered and accepted must remain firm for the term of the contract.
Contractors shall provide the City with a list of names, and telephone numbers, and
training dates of all guards, back-up guards, and field supervisors. Changes to the list are
to be provided to the City as they occur.
L The Contractor shall employ persons who are neat, clean, well groomed, courteous and at
least twenty-one (21) years of age and legally entitled to work in the United States.
Persons employed by the Contractor shall meet the requirements of the Immigration
Reform and Control Act of 1986.
L
Contractor is required to run a criminal background check on all employees contracted for
assigmnent to the City of Boynton Beach. Eligible employees shall have no felom
convictions.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
L If requested by the City, Contractor agrees to remove any employee and substitute an
acceptable person at that crossing post. Contractor is responsible for ensuring employees
have completed all required training before being assigned to work as a crossing guard.
L Contractor must maintain a daily time sheet with the signature of the employee on each
work shift and the location of their guard post. A copy of this log will be submitted
weekly to the City.
'1
The City will accept invoices no more frequently than one (1) time per month. Each
invoice shall be accompanied by a cumulative time sheet detailing all employee time
logged for the invoice period as well as a copy of each individuals employee's time card.
The time sheet must list each guard by name, location, pay rate, bill rate and daily hours
worked.
TRAINING
L It shall be the responsibility of the Contractor to ensure that all persons employed as
crossing guards receive and successfully complete proper training as required by law.
The Contractor may perform the training with it's own staff if they are certified crossing
guard trainers, or sub-contract for certified training to meet this requirement.
l Contractor shall submit verification of certified crossing guard trainers.
~ Formal training of all crossing guards assigned to the City contract shall be conducted as
per the standards and guidelines established by the State of Florida Department of
Transportation, in accordance with Section 316.75, Florida Statutes, known as the
"Ramon Turnquest School Crossing Guard Act." Such training shall be conducted by
certified school crossing guard trainers, as required by the Florida Department of
Transportation; and consist of, at a minimum, Classroom Training and Field Training.
L The Contractor will provide at least one (1) training/re-training session per year, which
shall be attended by all of the Contractor's employees assigned to work on the City
contract. Any additional training, such as training of new employees throughout the
school year, will be the sole responsibility ofthe Contractor.
SCHEDULE AND LOCATIONS OF SERVICE
-L The Contractor shall be required to provide school crossing guard coverage at the various
locations included in the bid specifications. The City reserves the right to increase or
decrease the number of crossing locations to be staffed. The Contractor shall be flexible
and provide guards for the hours needed upon the instructions of appropriate City
personnel.
L
There is an estimated 29 crossing guards per week. It is estimated that school crossing
guard services will be required for a total of approximately 19,000 hours per year. During
4
TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDERgFOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
~
L
i--
~
:L
l
.{-
summer school sessions, three (3) guards will be required for approxImately 3U days.
Contractor will be responsible for obtaining the specific service dates required
obtaining the school schedule from the Palm Beach County Public School system.
The Contractor shall provide two (2) experienced field supervisors at all times to oversee
the operations when guards are on duty. All supervisory personnel shall be certified
school crossing guards. It will be the responsibility of the field supervisor(s) to ensure
that all crossings are properly staffed at all times, such staffing is required bv the City.
The Contractor shall provide each working guard with the name and telephone number oj
a back-up in case the working guard cannot be at his post. The Contractor shall ensure
that the back-up guard is fully trained and familiar with the specific crossing locations.
The Contractor shall provide for his employees a 24-hour answering service. In the event
a guard cannot be at his assigned post and the field supervisor is not yet on duty, the
guard shall first contact his back-up and then contact the field supervisor. This field
supervisor will then contact the Contractor who will, in turn, confirm that the back-up
guard will be on duty at his assigned crossing.
Contractor shall provide uniforms for all guards. Any required replacement of aged, lost
or damaged uniforms shall be the responsibility of the Contractor.
The Contractor will be required to provide school crossing guard service at additional
locations as directed by the City.
The services, level of service, and hourly charge for services provided at additional
locations must be equal to the service provided within the original agreement.
The City shall provide all information regarding the additional number of school crossing
guards required as soon as possible. The City will work with the Contractor to develop a
transition plan before the date expanded service will be required.
TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
State of +70 ri A 0...,.
County of 1)yO tOa. rd
ChYi~~h~ AJ.(;("hD l(/.{f"I
)
)
, being first duly sworn, deposes and says that:
l)SHeis_fresiJ-"",-t- of\(.el'Y\p 8'fOlA-l. In+~ynt~_:IiDnA..1 {!~Y.JO
(Title) (Name of orporation or Firm)
the bidder that has submitted the attached bid:
2).g.Ie is fully informed respecting the preparation and contents of the attached bid and of all
pertinent circumstances respecting such bid;
3). Said bid is genuine and is not a collusive or sham bid;
4). Further, the said bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other bidder, firm or person to submit a
collusive or sham bid in connection with the Contract for which the attached bid has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communications or conference
with any other bidder, firm or person to fix the price or prices in the attached bid or of any
other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of
any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful
agreement any advantage against the ('i~ 0+ Bo~n+O h "B-t(:tc n (Local Public
Agency) or any person interested in the propose Contract; and
5). The price or prices quoted in the attached bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of
its agents, representatives, owners, employees, or parties in interest, including this affiant.
(Signed) ( ~~~~~
(Title) 1>v-e'":.J.e.....-r
Subscribed and sworn to before me
This d.1 day of :rtbY"t.<...o r vt
My commission expires -..J
, 20 0 '1
-
..----;,~ p,mile State 01 FlOrida
~ y$"PV '
_ (, i ~..,<- "k'l James - 060
, .' :. t,'. " r,'1'1ISSI0n 004~O
LS, ~, .'.! ! .,re, uBI1712009
~ O} 'i''''' . t W
. ---
TIDS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
22
Al~TI-KICKBACK AFFIDAVIT
STATE OF FLORIDA
)
SS
COUNTY OF PALM BEACH
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will
be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of
gift, directly or indirectly by me or any member of my firm or by an officer ofthe corporation.
By:
(~ -~.' '. . .~\ "-
____ ~r '\
NAME - SIGNATURE
Sworn and subscribed before)pe
this d If 1& day of t'-e brut< rVj
--.)
,20 U ct
Printed Information:
/\
Chv,s-h' ht:v AJe-yj hi) ~ 1\
NAME
~r~ Si d-e "- .f.
TITLE
K-eh'\.P ~Y-OlJ.-p ~+e(nak~/...
COMPANY
",o~~~y ~v.'1-. Notary Public State of Florida
:. _ . Pamela L James
.. -".. ~ My C. ommlsslon DD4 "0060
.".....t' o~. f\.O~ v
Expires 08/17/2009
"OFFICIAL NOTARY SEAL" STAMP
TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
CONFIRMATION OF MINORITY OWNED BUSINESS
A requested form to be made a part of our files for future use and information. Please fill out and
indicate in the appropriate spaces provided which category best describes your company. Return
this form with your bid proposal sheet making it an official part of your bid response.
Is your company a Minority Owned Business?
/
Yes
No
If Yes, please indicate by an "X" in the appropriate box:
( ) AMERICAN INDIAN
( ) ASIAN
Nd BLACK
( ) HISPANIC
ciJ WOMEN
( ) OTHER
(specify)
( ) NOT APPLICABLE
Do you possess a Certification qualifying your business as a Minority Owned Business?
YES V' NO
If YES, Name the Organization from which this certification was obtained and date:
&0 u.1;rcl (OU'fl~ -Flvy)crJ~ ~
Issuing Organization ~r Certification
~ (~UJO<6
Da e of CertificatIOn
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
MOB - 1
Revised 02/22/05
24
CONFIRMATION OF DRUG-FREE WORKPLACE
Preference shall be given to businesses with drug-free workplace programs. Whenever t"V(1 Ul
more bids which are equal with respect to price, quality, and service are received by the City of
Boynton Beach or by any political subdivision for the procurement of commodities or contractual
services, a bid received from a business that certifies that it has implemented a drug-free
workplace program shall be given preference in the award process. Established procedures for
processing tie bids will be followed if none of the tied vendors have a drug-free workplace
program. In order to have a drug-free workplace program, a business shall'
1) Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employee that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or plea
of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance
law of the United States or any state, for a violation occuning in the workplace no later than
five (5) days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by, any employee
who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements. C' ........~~~-~..~
~ C.' \\-' ". -__:tJ'
~~, \
Vendor's Signature
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
2
SCHEDULE OF SUBCONTRACTING/MINORITY BUSINESS ENTERPRISE (MBEfWBE) PARTICIPATION
BIDDERS ARE TO SUBMIT A DETAILED LISTING OF ANY SUBCONTRACTOR(S) PARTICIPATION OF ANY PORTION OF THIS
PROJECT FOR ANY REASON.
BID TITLE: RE-BID FOR"TWO-YEAR CON).'RACT FOR SCHOOL CROSS)NG GUARD SERVICES" BID # 027-2110-09/JA
MAIN CONTRACTOR NAME: K-{~ (+('0 Up ~t-ey~+; Ohed LA y f~ YRfl{)Y)
*MINORITY TYPES: (1) BLACK; (2) HISPANIC; 3) WOMEN; (4) OTHER (specify)
MINORITY
NAME/ ADDRESS/ PHONE OF TYPE OF WORK STATUS TYPE CERTIFIED DOLLAR %OF
SUBCONTRACTOR TO BE 4 4 *( see key 4 4 AMOUNT TOTAL
PERFORMED Yes No below) Yes No
N\A-
TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
26
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Certificate of Completion
School Crossing ~uord Trainer
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BUSINESS TAX RECEIPT
(tJ54) 6ll2-:\040 f'HONI~
(954) 602-3470 FAX
LICENSE NO: 99000213
~:-J: RESTRICTIONS*~:
MAIL & PHONE ONLY
NO EMPLOYEES AT HOME
. NO WORK ON PREMISES
NO CLIENTS AT HOME
. NO DELIVERIES TO HOME
I-IOME USED FOR OFFICE ONLY
"I 1/..
Miramar
,.,.,.11"
KEMP GROUP INTERNATIONAL
P.O. BOX 471614
MIAMI
FL
33247
BEGINNING 10/01/2008
ENDING ON 09/30/2009
Name & Location of Licensee
KEMP GR(~P INTERNATIONAL
2111 3W 60TH WAY
MIRAM~R FL 33023
CONT?C'T PERSON:
P-.DSGLA C ?DERINEKUN
PHONE:
(954)437-7294
DESCRIPTION:
LA\'i'N H.u.IN'l'ENANCE
SECURITY COMPANY
F!RE INSPECT.<5000 SQ. FT.
EMPLOYMbNT AGENCIES
PRINT DATE: 10/01/2008
** BUSINESS TAX RECEIPT MUST BE DISPLAYED **
.c:~_ RESTRJCTlONS API~J~Y TO ALL HOME-BASED BUSINE,sSES.-:"--",
"ORivll,O 401-2BOIAC 25-061
RV200835367 (Rev. 3/08)
Board of County Commissioners, Broward County, Florida
BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT
FOR PERIOD OCTOBER 1, 2008 THRU SEPTEMBER 30, 2009
,~',,, / ."\ A t ,'-'. ..
'-._, L./!. ......"
TAX
BACK TAx
PENALTY
T C FEE
~f{ANSFER
~ I.l',.)
PENALTIES IF PAID
8CT. 10%. NOY. _15';,.
. DEC. - 20% :. Attar DEC. 31 25'".
j RENEWAI_
':~~"C":!
[) TRANSFER
SEe #
[) r~EW DATE BUSINESS OPENED
STATE OR COUNTY CERT/REG II P, g 30n077
. Pius ':ax CO:18ctlOn ~e(~ oi tc $:2:. i ;,.
-"i.-l'_~f'C ;)~ c.~)s' of E,usindss f ;::J~"]:i
0<: cr After ~~ovp.lnb8r '3[;
Business Location Address:
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TOTAL
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THIS RECEIPT MUST BE CONSPICUOUSLY DISPLAYED
TO PUBLIC VIEW AT THE LOCATION ADDRESS ABOVE.
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BROWARD COUNTY REVENUE COLLECTION
115 S. Andrews Avenue, Rm A-100
FORT LAUDERDALE, FL 33301
www.broward.orEJlrevenue
'''-;,~'"l~-I ',":'-Ji-H ~t~l(: :"":;:-1(; :")(l(J(l'.-.!:.!~-~.?(~)C':
2008 · 2009
PAYMENT RECEIVED AS VALIDATED ABOVE
'SEE INSTRUCTIONS ON REVERSE SIDE:
.J.~'.i~_~~f?C,1f' llC.: L
KEMP GROUP INTERN A TIONAL
-CONTRACTS ON HAND-
l.
Town of Davie Police Department
1230 SNob Hill Road
Davie FL 33324
Contact: Lori Lysfjord
Phone: (954) 693-8268
2.
City of Cooper City
PO Box 290910
Cooper City, FL 33329-0910
Contact: Kerri-Anne Fisher
Phone: (954) 434-4300 ext 268 (9090 SW 50 Place, 33328-4227)
3.
City of North Miami Beach Police Department
PO Box 60000M
North Miami Beach FL 33160-1078
Contact: Sgt Rick Knowles
Phone: (305) 948-2921 (16901 NE 19 Ave)
4.
City of Miramar
2300 Civic Center Place
Miramar FL 33025
Contact: Indra K Sarju
Phone: (954) 602-3065
5.
City of West Park Florida
PO Box 5710
West Park FL 33083-5710
Contact: Russell Benford
Phone: (954) 963-5955
Fax: (954) 831-0393
6.
The DeMoya Group Inc
14600 SW 136 St
Miami FL 33186
Contact: Alisa DeMoya, Phone: 305-255-5713
7.
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Contact: Priscilla Walker, CMC, Phone: (305) 792-1703
8.
Somerset Academy
12601 Somerset Blvd
Miramar FL 33027
Contact: Shannine Sadesky-Hunt, Phone: 305-829-2406
9.
City of Pembroke Pines
9500 Pines Blvd
Pembroke Pines FL 33024
Contact: Sgt. Michael Pazienza, Phone: 954-558-8898
Contact: Faizal Mohammed, Phone: 954-538-3651
8/06 - present
8/03 - 7/06
1/95 - 8/03
School Crossing Guards
2/16/04 - present
School Crossing Guards
3/1/04 - present
School Crossing Guards
8/05 - present
School Crossing Guards
10/8/05 - present
School Crossing Guards
10/2007 - present
School Crossing Guards
8/18/08 - present
School Crossing Guards
10/20/2008 - present
School Crossing Guards
11/0 I /2008 - present
School Crossing Guards
KEMP GROUP
PO BOX 471614*MIAMI FL 3.:<247
BRWD: (954) 437-72C)4 DADE ,;051377-0988 FA..\.. (954!..t,~r.XLJ5:'
Rckrcnccs
I.
Town of Davie Police Department
] 230 SNob Hill Road
Davie FL 33324
Contact: Lori Lysfjord
Phone: (954) 693-8268
8/06 - present
8/03- 7/06
1,'95 - 8/03
School Crossing Guards
2.
City of Cooper City
PO Box 290910
Cooper City, FL 33329-09] 0
Contact: Kerri-Anne Fisher
Phone: (954) 434-4300 ext 268 (9090 SW 50 Place, 33328-4227)
2/] 6/04 - present
School Crossing Guards
3.
City of North Miami Beach Police Department
PO Box 60000M
North Miami Beach FL 33] 60-] 078
Contact: Sgt Rick Knowles
Phone: (305)948-292] (1690] NE 19Ave)
3/1 /04 - present
School Crossing Guards
4.
City of Miramar
2300 Civic Ccnter Place
Miramar FL 33025
Contact: Indra K Sarju
Phone: (954) 602-3065
8/05 - prcsent
School Crossing Guards
5.
City of W cst Park Florida
PO Box 5710
West Park FL 33083-5710
Contact: Russell Benford
Phone: (954) 963-5955
Fax: (954) 831-0393
10/8/05- present
School Crossing Guards
6.
The DeMoya Group ]ne
14600 SW 136 St
Miami FL 33186
Contact: Alisa DeMoya, Phone: 305-255-5713
10/2007 -- present
School Crossing Guards
7.
City of Sunny ]sles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Contact: Priscilla Walker, CMe, Phone: (305) 792-1703
8/18/08 - present
School Crossing Guards
8.
Somerset Academy
1260] Somerset Blvd
Miramar FL 33027
Contact: Shannine Sadesky-Hunt, Phone: 305-829-2406
] 0/20/2008 - present
School Crossing Guarus
9. City of Pembroke Pines
9500 Pines Blvd
Pembroke Pines FL 33024
Contact: Sgt. Michael Pazienza, Phone: 954-558-8898
Contact: Faizal Mohammed, Phone: 954-538-3651
11/01/2008 - present
School Crossing Guard"
] O. Agency for Workforce Innovation
Office of General Services
The Caldwell Building
Sutton Bldg, Suite 280
107 E Madison Street Tallahassee FL 32399-4] 02
Contact: Ramone Smith, Phone: (850) 488-8009
Fax: (850) 245-7470
2660 W Oakland Park Blvd, Ft Lauderdale FL 333] 1-] 347
Contact: Mike Cheeks, Phone: (954) 677-5687
4/99- 8/1/05
Security Guard - unamled
Ft Lauderualc Jobs 8: Benefits
KEMP GROUP
PO BOX 471614*MIAMI FL 33247
BRWD: (954) 437-7294 DADE: (305) 377-0988 FAX: (954) 437-8952
References
11. City of Aventura
19200 West Country Club Drive
A ventura, FL 33] 80
Contact: Sgt Michael Bentolila
Phone: (305) 466-2895
8/03-6/04
School Crossing Guards
12. Florida Department of Transportation
3400 West Commercial Blvd
Ft Lauderdale FL 33303
Contact: Fausto GomezlTrevor Adhem
Phone: (954) 777-4220/777-4217
Contact: Marilyn Mason, Phone: (561) 465-7396
7/00 - 10/6/03
Security Guard - armed
St LucieIMartin County Rest Areas
13. Workforce One
(formerly Beta)
3800 ]nverrary Blvd
Lauderhill FL 33319
Contact: Pat Stubbs, Phone: (954) 969-354] ext ]09
12/0]- 3/05/03
Security Guard - unarmed
Pompano Beach
Davie
14. Florida Department of Transportation
3400 West Commercial Blvd
Ft Lauderdale FL 33303
Contact: Fausto GomezlTrevor Adhem
Phone: (954) 777-4220/777-42]7
Contact: Bill Medford
Phone: (56]) 465-7396
4/97 - 6/00
Security Guard - armed
St LucieIMartin County Rest Areas
15. Florida Department of Transportation
3400 West Commercial Blvd
Ft Lauderdale FL 33303
Contact: Fausto GomezlTrevor Adhem
Phone: (954) 777-4220/777-4217
Contact: Don Archibald/Shirley
Phone: (561) 434-3903
6/98 - 6/00
Security Guard - unarmed
West Palm Beach
16. City of Miami Gardens Florida
] 5]5 NW 167 St, Bldg 5
Miami Gardens, FL 33169
Contact: William Green
Phone: (305) 622-8000
2/] 6/04 - I] /12/04
School Crossing Guard
17. Palm Beach County Health Care District
PO Box 3203
West Palm Beach FL 33402-3203
Contact: Marilyn Weng
Phone: (561) 659-] 270
12/98 - 2/00
Security Guard - unarmed
] 8. Town of Davie Community Services
659] SW 45 Street
Davie FL 33314
Contact: Dennis Andresky/Sharon Kent
Phone: (954) 797-1157/797-] ]50
8/94-6/97
Security Guard - unarmed
19. Florida Department of Transportation
1655 NE 205 Terrace
Miami FL 33179
Contact: Mr. Murdock/Ann Warren
Phone: (305) 470-51] 9/470-54] ]
10/93-3/94
Security Guard - unarmed
20. Florida Department of Agriculture
1335 Atlantic Blvd
Pompano Beach FL 33069
Contact: Dale Fargo/Cecilia Frau
Phone: (954) 946-6570
1/95-6/95
Security Guard - unarmed
KEMP GROUP
PO BOX 471614*MIAMI FL 3324-;
BRWD: (954) 437-7294 DADE' (305) 37''-0988 FAX (954i ,rp-89':;;=
References
2] . Computrend Systems
2186 NW 89 Place
Miami FL 33172
Contact: Jenny or Steve Lyou
Phone: (305) 471-0199
3/95-5/95
Security Guard - armed
22. The Family Center
8480 SW 81 A venue
N Lauderdale FL 33068
Contact: Elaine Rosenberg
Phone: (954) 724-3925
1 1/95-6/97
Security Guard - unarmed
23. Broward County Florida
PO Box 14740
Ft Lauderdale FL 33302-4740
Contact: M Kadzinski
Phone: (954) 357-6064
2/06 - present
Temporary Warehouse Laborer
J06CWIM
24. City ofFt Lauderdale
100 N Andrews Avenue
Ft Lauderdale FL 33301
Contact: Kirk Buffington
Phone: (954) 828-5 I 40
Contact: Ca<;ey Eckels
Phone: (954) 828-5577
9/02 - 5/05
Festival Clean-up Services
25. Florida Dept of Labor & Employment
Hartman B]dg, Suite 104
2012 Capital Circle, SE
Tallahassee FL 32399-2169
Contact: Russell Hoyt/Marilyn
Phone: (904) 488-3349/(305) 596-3020 ext 316
1 I/94-6/97
Temporary Personnel - Clerical
26. Florida Department of Transportation
7]9 South Woodland Blvd
Deland FL 32720
(904) 943-5513
Contact: Henry Shaw/Julie - Ocala Maint
Phone: (904) 620-7489/732-1488
Contact: Richard Newsome/Lavern - Ocala Const
Phonc: (904) 732-1321
Contact: Gene O'Neal/Debbie - Leesburg Maint
Phone: (352) 360-6552
7/95-6/96
Temporary Personnel - Laborers and
Clerical
27. Florida Department of Transportation
801 N Broadway Avenue
Bartow FL 33830
Contact: Dennis Danko/John Limbaugh
Phonc: (8]3) 533-8161/656-7727
4/94-4/95
Temporary Personnel - Laborers
Submit Bids To:
BIDDER ACKNOWLEDGEMENT
PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P,O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6322
Broadcast Date (City): January 27, 2009
Bid Title:
Bid Number:
Bid Received By:
RE-BID FOR "TWO-YEAR CONTRACT FOR SCHOOL
CROSSING GUARD SERVICES"
027-2110-09/JA
MARCH 03, 2009, NO LATER THAN 2:30 P.M. (LOCAL TIME)
Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and
time is scheduled for: March 03, 2009, no later than 2:30 P.M. (local time) and may not be
withdrawn within ninety (90) days after such date and time.
All awards made as a result of this bid shall conform to applicable sections of the charter and
codes of the City.
Name of Vendor:
Federal LD. Number:
k p iY\ 0 G Y"'D u.p 711' +-e y VIti.- 1, Dna I
I
b5- OqD:A3C( ~
6J Y Da 'r a. -h '0 n
I
F70Y) ~ tv
A Corporation ofthe State of:
Area Code: q 5~
Area Code: QS4
Mailing Address:
City/State/Zip:
Telephone Number: 4.3 '7 - '7 tJ-q L/
FAX Number: 4-~" - ~q 5d-,
=? D bOY tf11 b I L/
rL O-M ; FL.. ~ 6~ 4-rt
Vendor Mailing Date: ~;)-I dOOq
~
ChriS-hN<.., Ad~rihOkkf)
Name Typed
TIDS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL
17
PROPOSAL BLANK
RE-BID
FOR
"TWO-YEAR CONTRACT FOR
SCHOOL CROSSING GUARD SERVICES"
To All Bidders:
Date: ~/;} I dOO q
I
The undersigned declares that he has carefully examined the specifications and is thoroughly
familiar with its provisions and with the quality, type and grade of service called for.
When submitting more than one bid proposal price for this service, indicate how many individual
and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for
each.
HOURLY RATE FOR EACH CROSSING GUARD
$1L},3D
HOURLY RATE
ALL PRICES F.O.B. BOYNTON BEACH
It is further agreed that the response time for the placement of school crossing guards will be '7-:_! tdfl If)
I
hours after receipt of an order. "
Number of Bid Proposals submitted
h
Specification "check-off' sheets (pages 3-5) , 1-fC'S
Submitted: ~
Yes/No
Original and two (2) copies submitted:
~
\ es/N 0
Bidder's Qualifications Form submitted:
\1{S
\
Y es/N 0
Copy of occupational license enclosed:
~-6
es/No
TillS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Verification of school crossing guard
training certificate:
Schedule of Subcontractors submitted:
~
YeslNo
f~6
YeslN
TillS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
19
Bid # 027-211-09/JA
KEMP GROUP INTERNATIONAL
Two year contract for school crossing guard services
PROPOSED HOURLY RATES FOR THE FOLLOWING CLASSIFACTIONS:
School Crossing Guard
Supervisors
Bill rate @ $14.30 per hour
Bill rate @ $16.98 per hour (minimum of 5 hours per day)
STATEMENT OF BIDDER'S QUALIFICATIONS
Each Contractor bidding on work included in these General Documents shall prepare and submit
the data requested in the following schedule of information.
This data must be included in and made part of each bid document. Failure to comply with this
instruction may be regarded as justification for rejecting the Contractor's proposal.
* attach additional sheets giving the information
2.
Business Address:
\L~h\..D GY"OIAP ~~yr~-:+t'D~( Co'fpDY6-+/DfJ
~ .
~ ! II 5 W b D LVa.y}
-
(\'\'l\rOmtt r \ f'(, 630 A~
1.
Name of Bidder:
3.
When Organized:
-' 0 I '" 9- I (J-oD I
F'lo'(iJ~
4.
Where Incorporated:
5. How many years have you been engaged in the contracting business under the present
firm name? <6 4 ~ yeS
V
6. General character of work performed by your company. SVhOO \
rYO~S'I~ 6ian'ds~ S-e(u.ri~ jLtords - f.;,.ha'r'M~
C\ncl QV'I'Y\t'd ~+-emOOYo.rl.l\ p-e,(bDhn~/
\ -........;
7. Evidence of possession of required licenses or business permits will be attached to
Statement of Bidder's Qualifications.
8.
Number of employees.
~Db
9. Background and experience of principal members of your personnel, including officers. *
10.
Bonding capacity.
~\ t'<'\\\\O\"'\
11. Have you ever defaulted on a contract? If so, where and why?* N D
TIDS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
20
12. Experience in performance.
0\1/.(,; t{::r'-'
$ Value - ~1 j t"4 V Contact Name
-r;~n D+b;ulJ'e.~);u.. ~~~,136't>O LYi Lj'~P;orJ
, -
6.JV lJ + (oOfWt ~~ 4'Dl,~ ??;;. DO Kf'(Ti- ?\n~ -h~r
t i V
t)v~ of.. NoyYh r!ito,uf!A.L. $/?f7,SCto,Vt/
, '
t~ of MI 'ratndr ~I hI ISf;.OI)
v
Proj ect
Phone #
~ 9-/ ~ if 3 - ?J;,0<6
q~~ 1./?;.4-4~ pt+. J,bt
~.t.. kA (j( ~hD LV l-fs
--t '
-~hdy~ S a.n(.("
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.305 crLt2 -c? q~ I
q S4 fRO (;.. -30"'5
13. Contracts on hand. *
14. Largest completed projects (include final cost).
1) f"\vri~tv1)fl+ 0+ lY"~i"s.Pll\""k.i"'i'oY)- ur!'r\-Pd 5Pcuy,"L: I 3!f~...:J J/:2;L{ 4Q(j.c;c
2) FliYiJev ~'P-\- 0+ IY<<nc;p()('kt~Oh -OrM/d. se((.ltJ ~~ \ "?)'t/t0vW ~ II-;~<.f, 0tY7,oc)
3) rl; aM, ~tU 0-bl;" rJO(kC ' l200J ltJOj~ rry;;.,(\~~rw" 1"6' h :/Y6 + '10~! 2? "..36
v
15. List all lawsuits (design and/or construction related) or arbitrations to which you have
been a party and which: * No n e..
1) arose from construction projects: * NOf\f.;
2) occurred within the last 4 years: * Non-t
3) provide case number and style: * N Oil..fJ
Dated at: ()'l Y (( IY/ci y,o Flt) r; A ClJ
this~'7 dayof 0bnlCl rvi 20DCf
--.J
By: C" ~\~--(/-.
(written signature) '- \
Name: Ch y ;..s i-1 r.a..., Ad e r i no /(11- ij
(printed or typed)
Title: --Prf~;d..eY\.+-
TillS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
BID # 027-2110-09/JA
SCHOOL CROSSING GUARDS
FOR
CITY OF BOYNTON BEACH
Due: March 3, 2009 @ 2:30 PM
Submitted by:
KEMP GROUP INTERNATIONAL CORPORATION
PO BOX 471614, MIAMI FL 33247
2111 SW 60 WAY, MIRAMAR FL 33023
,.-.
KEMP GROUP INTERNATIONAL CORPORATION
STATEMENT OF QUALIFICATIONS
Our company has been providing school crossing guards since 1995.
At this present time, we are providing school crossing guards to the Town of Davie
Police Department (since January 1995). We are also providing school crossing guards
to the City of Cooper City, City ofMiramar, City of West Park, City of North Miami
Beach and City of Sunny Isles Beach.
Our managers have a combined total of over 20 year's experience. Our supervisors are
trained and certified as school crossing guard trainers.
Our goal is to ensure that we provide effective school crossing guard services. We
provide safety for our children who walk to and from school. So it is very important that
our guards and supervisors are properly trained. Our supervisor provided daily
inspections for each shift to make sure the posts are covered; guards are in proper attire
and have the necessary equipment to perform their jobs.
The management staffhere at Kemp Group International Corporation is well qualified.
We have the experience and expertise to provide the best service. We are a reputable
company and have been conducting business in accordance with all local laws and
regulations.
We will provide qualified and competent school crossing guards to protect the safety of
the children crolSsmg the streets.
We have the experience and the manpower to provide school crossing guard services to
the City of Boynton Beach.
STAFF QUALU'ICATIONS
Christina Aderinokun, Manager. has over ten years experience dealing with school
crossing guards. She is certified by the State of Florida Department of Transportation as
a school crossing guard trainer. Ms. Aderinokun also has experience as a security officer
and security officer manager,
Joe Faluade, Project Manager, has over ten years experience dealing with school crossing
guards. He is certified by the State of Florida Department of Transportation as a school
crossing guard trainer. Mr. Faluade also has experience as security officer and security
officer manager,
pageJ
KEMP GROUP INTERNA TIONAL CORPORATION
TRAINING
Kemp Group International Corporation will provide any necessary and additional training
for the school crossing guards at no additional cost to the City. The training will be
provided in house. Our managers and supervisors are certified as school crossing guard
trainers by the Florida Department of Transportation.
Prior to placement at a post, we will conduct classroom training. Once the guard has an
assigned post, the supervisors will train the guards at the assigned post. On their first day
at the post, a supervisor will be present to ensure that the guard is performing his/her
duties.
Re-certification and training will be done annually.
UNIFORMSIEQUIPMENT
Supervisors are required to wear an orange polo shirt with blue or black pants/shorts. We
will provide the school crossing guards with white polo shirts. They are required to wear
blue and/or black pants with tie up shoes or tennis shoes (sandals and strapless shoes will
not be worn). They are advised on what is acceptable and unacceptable.
The equipment (stop sign, safety vest, whistle and rain coat) will be provided to each
guard at no extra cost to the city.
RECRUIT/RETAIN
Job advertisements will be placed in local newspapers, Workforce One and employment
guides. Also, flyers will be passed out to parents.
We will recruit and maintain a force of qualified and experienced personnel to support
the operation of security services.
We will offer competitive wages, maintain employee moral through fair and equal
treatment to reduce employee turnover. We will try to offer a post/position close to their
home, if possible. We will give employees an annual pay raise.
If there are incumbent personnel, they will be interviewed and re-hired. Any incumbent
personnel not rehired, their positions will be filled with qualified employees.
We will conduct a criminal background check at no additional cost to the City. Criminal
background checks will be done annually.
The school crossing guards will be provided with a contact number in case they can't
make it to work or it they will be late. This number can be called at any time. They will
also be provided with the office number. We will maintain a list of on-call personnel.
Page 3
AGREEMENT FOR
"TWO-YEAR CONTRACT FOR SCHOOLCROSSING
GUARD SERVICES"
THIS AGREEMENT, made as of June 2, 2009, by and between the City Of Boynton Beach,
Florida, a municipal corporation organized and existing under the laws of the State of Florida
(hereinafter "CITY"), and Kemp Group International Corporation a Florida company.
WITNESSETH:
WHEREAS, the CITY is desirous of providing for the satisfaction of its school crossing guard
program through an independent contractor agreement; and
WHEREAS, Kemp Group International Corporation is in the business of providing various
labor forces, including, but not limited to, school crossing guard services with appropriate
certifications, and
WHEREAS, the parties are desirous of providing for the terms of their Agreement, entered into
as a result of Request for Bid no# 027-2110-09/JA issued by CITY, and the Proposal of "TWO-
YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES", dated March 02.
2009 (collectively the "Bid Documents").
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the legal
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. SCHOOL CROSSING GUi\RDS: Kemp Group International Corporation
shall provide the school crossing guard and supervisory services necessary to
satisfy the requirements of the CITY School Crossing Guard Program 111
accordance with the specifications and the rates provided in the Bid Documents,
copies of which are attached hereto and incorporated herein as Composite Exhibit
"A". Kemp Group International Corporation (hereinafter known as Kemp
Group International Corporation) shall provide the following minimum
personnel, at the locations and during the time herein described, for the
consideration hereinafter set forth:
(a) number of guards and rate - See Composite Exhibit "A"
(b) number of supervisory personnel - See Composite Exhibit "A"
The CITY reserves the right to require more or less crossing guard services upon
three (3) days written notice, specifying its needs. Schedule and locations of
services are described in Composite Exhibit "A".
CA-l
2. DUTY HOURS; DUTY LOCATIONS: Kemp Group International
Corporation shall provide the personnel described above during school hours and
at all posts as deemed necessary by the School Board and the CITY. The CITY
has the right to change the duty hours, as well as duty locations, by written
directive, which shall become effective on the date set forth in such written
directive, provided that such date shall not be sooner than three (3) business days
from the date of the written directive.
3. CONSIDERATION: Kemp Group International Corporation shall be
compensated for the services provided hereunder in accordance with the hourly
rate set forth in Paragraph 1. Kemp Group International Corporation shall be
solely responsible for and shall provide for the payment of workers compensation
insurance coverage and premiums, withholding taxes, FICA, benefits, if any, all
remunerations; all labor contract compliance and all other charges. Kemp Group
International Corporation is being retained as an Independent Contractor and
acknowledges this Agreement does not create any employment relationship with
the CITY. The CITY shall bear no responsibility for any such charges, fees,
permits, and the like associated with the employment of such personnel.
Kemp Group International Corporation acknowledges that the CITY is
contracting for the full crossing guard services for the hours and at the described
posts as stated in this Agreement. This Agreement requires that qualified
personnel service be at each post during the prescribed post hours.
4. TRAINING AND SUPERVISION: Kemp Group International Corporation
shall be responsible for furnishing training and certification of each of the
personnel set forth in Paragraph I (a). Kemp Group International Corporation
represents that it is a qualified trainer and shall provide personnel meeting these
training and certification standards required pursuant to Section 234.302, Florida
Statutes. No person lacking such certification shall perform services for the CITY
hereunder by Kemp Group International Corporation. Kemp Group
International Corporation shall have, at all times during the term hereof, at its
ready disposal, backup personnel. The CITY shall pay the rate as set forth in
Paragraph 1 for actual training and retraining of applicable personnel. Kemp
Group International Corporation shall provide the services as set forth in
composite exhibit "A".
5. UNIFORM: The CITY will turn over all equipment after inventory to Kemp
Group International Corporation for continued usage throughout the term of
this Agreement. All personnel shall wear dark slacks, skirts or shorts and a white
top with appropriate identification badge. At all times during the performance of
their duties, all personnel shall dress in a clean and neat manner. Kemp Group
International Corporation will assume equipment replacement responsibility as
needed.
CA-2
6. COMPORTMENT; CHANGE OF PERSONNEL: At times \vhen such personne
are working in the CITY whether or not on duty, such personnel shall compor1
themselves in a manner which will not bring disrespect upon the CITY or Kemp
Group International Corporation, or call into question the competence ')1
demeanor of such person relative to the perfonnance of the School Crossing
Guard Service, which, by its nature, requires such personnel to come into contac1
with minors. The CITY reserves the right to require the change of any personnel
upon not less than three (3) business days written notice, setting forth the name ()!
the person to be replaced, or in the absence of a name, the description and
location of the post location.
7. DUTY ROSTER: Kemp Group International Corporation shall provide the
CITY with the names of all personnel, and the location of such individual's post
location. Such roster shall be provided on a weekly basis as of Friday of the week
preceding.
8. TERM: This Agreement shall commence on the 24th day of Julv. 2009, and
include the period from the Commencement Date through the last day of the
academic school year according to the School District of Palm Beach County.
Florida for the remaining part of the school year. The contract will be for two (2)
years, with the option to renew the contract, at the same terms and conditions, for
a maximum of one (1) additional one (1) year period subject to vendor
acceptance, and satisfactory performance, and determination that renewal will be
in the best interest of the CITY. Option to renew should be provided in writing
pursuant to the notice provision thirty (30) days prior to the end of the contract
period.
9. BILLING: Kemp Group International Corporation shall provide an invoice to
the CITY no more frequently than once per month. Each invoice shall be
accompanied by a cumulative time sheet detailing all employee time logged for
the invoice period as well as a copy of each individual's employee time card. The
time sheet must list each guard by name, location, pay rate, bill rate and daily
hours worked.
10. TERMINATION: Either party may terminate this Agreement on written notice.
provided that the services hereunder shall not be terminated until thirty (30) days
subsequent to the date of such written notice.
11. INSURANCE: Kemp Group International Corporation shall provide liability
insurance coverage, written with such insurance carriers as the CITY shall
reasonably approve, for personal injury and property damage. Comprehensive
General Liability Insurance must be written on the comprehensive form of policy.
The policy must contain minimum limits of liability as follow or $1, 000,000
Combined Single Limit; Bodily Injury of $1,000,000 and Property Damage of
$500,000 each occurrence.
CA-3
Employer's Liability Insurance requires $1,000,000, and Workers Compensation
Insurance statutory requirements. All insurance policies must be issued by
companies authorized to do business under the laws of the State of Florida. The
companies must be rated no less than "B+" as to management, and no less than
"Class V" as to strength by the latest edition of Best's Insurance Guide, published
by A.M. Best Company, Olwick, New Jersey, or its equivalent, or the company
must hold a valid Florida Certificate of Authority as shown in the latest "List of
All Insurance Companies Authorized or Approved to do Business in Florida",
issued by the State of Florida Department of Insurance and are members of the
Florida Guaranty Fund.
All required policies of insurance shall contain a provision of endorsement that
the coverage afforded shall not be cancelled, materially changed or renewal
refused until at least thirty (30) calendar days written notice has been given to the
CITY by certified mail Kemp Group International Corporation shall submit
prior to commencement of any work, a Certificate of Insurance showing the CITY
as additional insured.
12. INDEMNIFICATION: Kemp Group International Corporation agrees to
indemnify, defend, and save harmless the CITY, its officers, agents, and
employees, from and against any and all liability, claims, demands, or damages,
caused by any negligent act or omission, misfeasance, or malfeasance of Kemp
Group International Corporation connected with the performance of this
Agreement, whether by act or omission of Kemp Group International
Corporation, its agents, servants, employees or others; unless said claim for
liability is caused by the negligence, misfeasance or malfeasance of the CITY or
its agents and employees. Nothing herein shall constitute a waiver by CITY of
the protections, immunities, and limitations of liability afforded CITY under
Section 768.28, Florida Statutes.
13. NON-ASSIGNABILITY: This Agreement or any portion hereof shall not be
assigned or transferred by either party without the written consent of the other
party.
14. CONSTRUCTION: This Agreement and the terms hereof shall be construed in
accordance with the laws of the State of Florida and venue for all actions in a
court of competent jurisdiction shall lie in Palm Beach County, Florida.
15. JOINT PREPARATION: The preparation of this Agreement has been a joint
effort of the parties, and the resulting document shall not, solely as a matter of
judicial construction, be construed more severely against one of the parties than
the other. It is the parties' further intention that this Agreement be construed
liberally to achieve its intent.
CA-4
16. COlJNTERPARTS: This Agreement may be executed in one or mon
counterparts, each of which shall be deemed to be an original, but al1 of WhlcJ
shall constitute one and the same Agreement.
17. EXHIBITS ARE INCLUSIONARY: All exhibits attached hereto or mentionec
herein which contain additional terms shall be deemed incorporate herein 11\
reference.
18. NOTICES: Except as provided above, whenever either party desires to or mUSl
give notice to the other, it must be given by written notice, sent by certified U.S
Mail, with return receipt requested, addressed to the party for whom it is intended.
at the place last specified and the place for giving notice in compliance with the
provisions of this paragraph. For the present, the parties designate the following
as the respective persons and places for giving of notice:
Notices to the City of Boynton Beach shall be sent to the following address:
CITY: Procurement Services
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Fl 33425
WITH A COPY TO:
Michael Kelley
Boynton Beach Police Dept
100 East Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425
Notices to Bidder shall be sent to the following address:
Kemp Group International Corporation
P.O. Box 471614
Miami, Fl 33247
Christina Aderinokun
19. In the event of any conflict between any provisions of this Agreement and
any provisions in the exhibits hereto, the parties agree that the provisions of this
Agreement are controlling.
CA-5
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first above written.
ATTEST
Janet Prainito, City Clerk
Approved as to form:
By:
City Attorney
Signed, Sealed, and delivered
In the presence of:
Print Name
Print Name
ATTEST:
Secretary
CITY OF BOYNTON BEACH
By:
Kurt Bressner, City Manager
Kemp Group International Corporation
BY:
Print Name
Title:
(CORPORATE SEAL)
CA-6
STATE OF FLORIDA )
)SS:
COUNTY OF PALM BEACH )
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared as
, of , an organization authorized to do
business in the State of Florida, and acknowledged executed the foregoing Agreement as the
proper official of . for the use and purposes mentioned in it and affixed the
official seal of the corporation, and that the instrument is the act and deed of that corporation.
He/she is personally known to me or has produced~__ as
identification.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and
County aforesaid on this day of ____________, 20__
NOTARY PUBLIC
My Commission Expires:
CA-7
Exhibit "A"
CITY OF BOYNTON BEACH
SCHOOL CROSSING GUARD
LOCATIONS & TIME SCHEDULE
GUARD LOCATION
A.M.
P.M.
Congress at Middle School 08:15 - 09:00 03:45 - 04:30
(Congress Middle School)
Ocean Parkway & Miner Road 07:15 - 08:00 01 :50 - 02:35
(Rolling Green Elementary
School)
Ocean Parkway & N. Seacrest 07:00 - 07:45 02:00 - 02:45
(Rolling Green Elementary
School)
Lawrence & Gateway 07:15 - 08:00 01 :50 - 02:35
(Santaluces High School)
Congress at Middle School 08:15 - 09:00 03:45 - 04:30
(Congress Middle School)
Miner Road at School 07:15 - 08:00 01:45 - 02:30
(Rolling Green Elementary
School)
Congress Ave & SR 804 08:15 - 09:00 06:45 - 04:30
(Congress Middle School)
Congress Ave & SR 804 08:15 - 09:00 03:45 - 04:30
(Congress Middle School)
N. Seacrest & NW 1ih Ave 07:15 - 08:00 01:50 - 02:35
(Poinciana Elementary School)
Lawrence & Gateway 07:15 - 08:00 01 :50 - 02:35
(Santaluces High School)
Seacrest & Woolbright 07:00 - 07:45 02:00 - 02:45
(Forest Park Elementary School)
Old Boynton Rd & Congress 08:15 - 09:00 03 :45 - 04:30
(Congress Middle School)
Citrus Blvd at school 07:25 - 08:10 01:45 - 02:30
(Citrus Cove Elementary School)
NW 4ID Street & NW 4th Ave 07:15 - 08:00 02:00 - 02:45
(Galaxy Elementary School)
Boynton Bch Blvd & Seacrest 07:00 - 07:45 02:15 - 03:00
(Galaxy Elementary and
Poinciana Elementary Schools)
Old Boynton & Congress 08:15 - 09:00 03 :45 - 04:30
(Congress Middle School)
SW 10t11 Ave & Seacrest 07:15 - 08:00 02:00 - 02:45
(Forest Park Elementary)
SW 10th Ave & SW 3fO Street 07:15 - 08:00 01 :50 - 02:35
(Forest Park Elementary)
CA-8
Lawrence Rd in front of school 07:25 08:10
(Santaluces High School) ~
Hypoluxo Road in front of school, ()7: 15 08 :00
(Freedom Shores Elementary)
Hypoluxo Road in front of school
(Freedom Shores Elementary)
-j
Hypoluxo Road Bus Entrance
(Freedom Shores Elementary)
Hypoluxo Road & Meadows Way
(Freedom Shores Elementary)
. Hypoluxo Road & Santaluces
. Blvd
I (Santaluces High School)
I Hypoluxo Road & Lawrence Road
(Santaluces High School)
Meadows Blvd & Meadows Way
(Freedom Shores Elementary)
I Congress Ave in front of school
I (Crosspointe Elementary)
Congress Ave in front of school
(Crosspointe Elementary)
Congress Ave & GolfRd
( Crosspointe Elementary)
Congress Ave & GolfRd
(Crosspointe Elementary)
Congress Ave & SW 2ih Ave
( Crosspointe Elementary)
Congress Ave & SW 25th Ave
I (Crosspointe Elementary)
07:15 - 08:00
Exhibit "AI>
~ __ ... ...__.__..____.._'n.__ ,_
02-00 02:45
()1 '45 - 02:30
01 '45 02:30
01 :45 - 02:30
07:15 ~ 08:00
07:15..08:00
07: 15 -. 08:00
07:15 ~ 08:00
07:15 - 08:00
07:15 - 08:00
07:15--08:00
07:15~08:00
07:15 -.-. 08:00
07: 15 .- 08:00
07: 15 - 08:00
CA-9
02:00 - 02:45
02:00 - 02:45
02:00 - 02:45
02:00 - 02:45
01:45 - 02:30
! 01:45 - 02:30
02:00-- 02:45
! 02:00 - 02:45
102:00 - 02:45
02:00 -~ 02:45
Exhibit "A"
KEMP GROUP lNTERNA TIONAL
Bid # 027 -211-09/JA
Two year contract for school crossing guard services
PROPOSED HOURI,Y RATES FOR THE FOLLOWING CLASSIF ACTIONS:
Schoo\ Crossing Guard Bill rate @$14.30 per hour
Supervisors Bill rate @ $16.98 per hour (minimum of 5 hours per day)
VI.-CONSENT AGENDA
ITEM 8.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 April 21, 2009 April 6, 2009 (Noon) 0 June 16, 2009 June 1,2009 (Noon)
0 May 5, 2009 Aoril 20, 2009 (Noon) 0 Julv 7, 2009 June 15,2009 (Noon)
0 May 19, 2009 May 4, 2009 (Noon) 0 July 21, 2009 July 6, 2009 (Noon)
IZI June 2, 2009 May 18, 2009 (Noon) 0 August 4, 2009 Julv 20,2009 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM IZI Consent Agenda 0 Lee:al
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA nON: A motion to approve the sole source purchases of two LIFEPAK-1S cardiac monitor/defibrillators from
Physio-Controllnc, located at Redmond, W A, for a total expenditure of: $S6,S24,81.
EXPLANA nON: The Boynton Beach Fire Rescue Department currently has an inventory of 13 Physio-Control LIFEPAK-12
cardiac monitor/defibrillators. The department purchased the first of these monitors during FY97/98 and now is seeking to proceed
with a replacement plan. The LIFEPAK-1S models are the next generation of cardiac monitor/defibrillator offered by Physio-
Control and are expected to replace the LIFEPAK-12. The LIFEPAK monitor/defibrillator is the most sophisticated piece of EMS
equipment the department utilizes. It is used on a daily basis and is key to patient survivability. The monitor allows our paramedics
the ability to acquire 4-lead ECG and 12-Lead ECG monitoring in the field, The monitor also features an external pacemaker and
allows paramedics to perform cardio-version, (a lowering of a dangerously fast heart rate via electricity). The monitor also
functions as an Automated External Defibrillator (A ED). The LIFEPAK-1S also features Sa02 (detects oxygen in the
bloodstream), blood pressure and carbon monoxide monitoring capabilities. Physio-Control monitor/defibrillators have set the
standard for over SO years, and the LIFEPAK-1S raises the bar.
PROGRAM IMPACT: If approved, this purchase will allow the department the ability to implement the first phase of our cardiac
monitor/defibrillator 7-year replacement plan, We will begin by eliminating the most out-dated monitors in our inventory and
replacing them with the most cutting edge technology available today. It is essential to begin this process now, as parts and service
for the LIFEPAK-12 model may not be available after 2016.
F-1SCAL-IMPACT~ The fiscaWmpacWs-3pproximately $S6,514.81. ThiswiU-~U()w tbe-department to replace twoout-dated----
LIFEPAK-12 cardiac monitor/defibrillators w/ two new LIFEPAK-1S cardiac monitor/defibrillators.
Account number: 001-2210-S22-64-23 - Proposed Price: $S6,S24. 81 - Expenditure: $S6,S24. 81.
AL TERNA TIVES: Not to approve the purchase ofthese two LIFEPAK-IS cardiac monitors, thus not allowing the department to
pm'"'' :;'h "'PI."m'Z';;:/4'1 ' 7 0", q _
tH"~J:-~l 4'~;;:Sign~t~'l\
~~~~~
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
City Attorney / Finance /fttb
PHYSIO
CONTROL
Physio-Control, Inc.
B~, Willows Road NE
p,~> Box 97023
Redmond. WA 98073-9723 U SJ\
NWW. physlo-control. com
NVvw.medtronic.com
800442.,":42
''i' 800'32095"
To:
Mike Landress
EMS Coordinator
Boynton Beach Fire & Rescue
1 00 E Boynton Beach Blvd
BOYNTON BEACH, FL 33425
Phone: (561) 742-6337
Fax: (561) 742-6346
landressm@ci.boynton-beach.fI.us
Quote#:
Rev#:
Quote Date:
Sales Consultant:
FOB:
1-133119173
1
04/13/2009
Debbi Stanfield
800-442-1142 x 72305
Redmond. WA
Terms:
Net 30, all quotes subject to credit approval
and the following terms & conditions
SERIAL NUMBERS: 8628973; 11201930
Contract: None
Exp Date:
06/12/2009
LIIIL ~"tdIU~'; Ut:::>l " .
99577-000046 - LP15 MON/DEFIB, ADAPTIV 2 $32,995.00 $6,599.00 $1.000.00 $25,396.00 $50.79200
BIPHASIC, MANUAL & AED, COLOR LCD
DISPLAY, CPR METRONOME, NONINVASIVE
PACING, 100MM PRINTER, Sp02, NIBP,
TREND, 12LEAD, EtC02, CO, BLUETOOTH
THE L1FEPAK 15 IS AN ADAPT IV BIPHASIC FULLY
ESCALATING (TO 360 JOULES) MULTI-PARAMETER
MONITOR/DEFIBRILLATOR. SHIP KIT INCLUDED.
HARD PADDLES, BATTERIES AND CARRYING CASE
NOT INCLUDED.
2 41577-000007 - LP15 SHIP KIT 2 $0.00 $0.00 $0.00 $0.00 $0.00
3 11577-000011 - MOBILE BATTERY CHARGER 2 $1,695.00 $400.00 $0.00 $1,295.00 $2,59000
DC AND AC OPERATION FOR MOBILE TRANSPORT
APPLICATIONS, FOR USE WITH THE L1-ION 5.7 AMP
BATTERY. INCLUDES AC AND DC POWER CORDS,
MOUNTING BRACKET AND OPERATING
INSTRUCTIONS.
4 21330-001176 - L1-ION BATTERY 5.7 AMP 8 $379.00 $56.85 $0.00 $322.15 $2,577 20
HOUR CAPACITY
RECHARGEABLE LITHIUM-ION, WITH FUEL GAUGE
5 11577-000002 - KIT - CARRY BAG, MAIN BAG 2 $250.00 $37.50 $0.00 $212.50 $425.00
ACCESSORY 11577-000002 LP15 KIT CRY BAG
6 11260-000039 - KIT - CARRY BAG, REAR 2 $65.00 $9.75 $0.00 $5525 $110.50
POUCH
KIT - CARRY BAG, REAR POUCH
7 11577-000001 - KIT - CARRY BAG, 2 $28.00 $28.00 $0.00 SO.OO $O.OC
SHOULDER STRAP
ACCESSORY 11577-000001 LP15 KIT CRY BAG
8 11996-000091 - EDGE SYSTEM ELECTRODES 4 $37.00 $37.00 $0.00 $0.00 $000
WITH QUIK-COMBO CONNECTOR
ACCESSORY 11996-0000910EM ELCTD 14 LANG
9 11998-000022 - TEST LOAD 2 $84.00 $84.00 $0.00 $0.00 $0.00
ACCESSORY 11998-000022 LP12 TEST LOAD
Quote#:
Quote Products (contlnuectJ
ReV#:
Quote Date:
1-133119173
1
04/13/2009
line Catalog # I Description Qty List Price Unit Disc Trade-In Unit Price Ext Total
SUB TOTAL
ESTIMATED TAX
ESTIMATED SHIPPING & HANDLING
GRAND TOTAL
$56,494.70
$0.00
$30.11
$56,524.81
$73,414.00
- $2,000.00
- $14,919.30
+$30.11
$56,524.81
TO PLACE AN ORDER, PLEASE FAX A COPY OF THE QUOTE AND PURCHASE ORDER TO: # 800-732-
0956, ATTN: REP SUPPORT
Trade-in Detail
Product
Pricing Summary Totals
List Price:
Trade-ins:
Cash Discounts:
Tax + S&H:
Qty Unit Value Total Value
GRAND TOTAL FOR THIS QUOTE
PHYSIO-CONTROL, INC. REQUIRES WRITTEN CUSTOMER APPROVAL (AUTHORIZED SIGNATURE)
VERIFICATION OF THIS ORDER.A PURCHASE ORDER IS
REQUIRED ON ALL ORDERS $10,000 OR GREATER BEFORE NAME
APPLICABLE FREIGHT AND TAXES. THE UNDERSIGNED IS
AUTHORIZED TO ACCEPT THIS ORDER IN ACCORDANCE TITLE
TO THE TERMS AND PRICES DENOTED HEREIN. SIGN TO
THE RIGHT: DATE
Ref. Code: JE//1-2797EA
~
TAXES, SHIPPING AND HANDLING FEES ARE ESTIMATES ONLY AND ARE SUBJECT TO CHANGE AT THE TIME OF ORDER.
SHIPPING AND HANDLING ESTIMATE APPLIES TO GROUND TRANSPORT ONLY.
ABOVE PRICING VALID ONLY IF QUOTE IS PURCHASED IN ITS ENTIRETY. (OPTIONAL ITEMS NOT REQUIRED).
IF QUOTE REFLECTS TRADE-IN VALUES,CUSTOMER ASSUMES RESPONSIBILITY FOR SHIPMENT OF TRADE-IN UNITS TO
PHYSIO-CONTROL, INC.
ITEMS LISTED ABOVE AT NO CHARGE ARE INCLUDED AS PART OF A PACKAGE DISCOUNT THAT INVOLVES THE PURCHASE OF A
BUNDLE OF ITEMS. CUSTOMER IS SOLELY RESPONSIBLE FOR APPROPRIATELY ALLOCATING THE DISCOUNT EXTENDED ON
THE BUNDLE WHEN FULFILLING ANY REPORTING OBLIGATIONS IT MIGHT HAVE.
Until further notice, Physlo-Controlls limiting shipments of the following products: L1FEPAK@ 12 defibrillator/monltor,L1FEPAK 20
t1eftbrittator/monitor, -\;;;lrEPAK SeO-1iefibfHlator1t,-. tlFEPAK-4009 ~Iat~ ~-IFEN~ReeeivinlJ.Statkm. III addition,
Physio-Control has suspended shipments of LIFEPAK CR@PlusAED and L1FEPAK EXPRESS@AED and some upgrades until
further notice. At this time, Physio-Control is not able to provide estimated delivery dates.
We are committed to providing customers with updated product and shipping information.
If you place an order based on this quote, when the products become available Physio-Control will contact you to confirm your
order. At that time you may elect to (1) proceed with your order, (2) cancel all or part of your order (3) request a revised quote.
3
TER,'\1S OF SALE
General Terms
Physio-Control, Inc. acceptance of the Buyer's order is expressly conditioned on the Buyer's assent to the terms set forth In this document anc
attachments. Physio-Control, Inc. agrees to furnish the goods and services ordered by the Buyer only on these terms, and the Buyer's
acceptance of any portion of the goods and services covered by this document shall confirm their acceptance by the Buyer. These terms
constitute the complete agreement between the parties and they shall govern any conflicting or ambiguous terms on the Buyer's purchase orde'
or on other documents submitted to Physio-Control. Inc. by the Buyer These terms may only be revised or ame'lded bv a written aqreement
signed by an authorized representative of both parties. . .
Pricing
Unless otherwise indicated in this document, prices of goods and services covered by this document shall be Physio-Control, Inc. standard prices
in effect ~t the time of delivery. Prices do not include freight insurance. freight forwarding fees, taxes, duties, import or export permit fees, or any
other Similar charge of any kind applicable to the goods and services covered by this document. Sales or use taxes on domestic (USA) deliveries
will be invoiced in addition to the price of the goods and services covered by this document unless Physio-Control. Inc. receives a copy of a valid
an exemption certificate prior to delivery. Please forward your tax exemption certificate to the Physio-Control, Inc Tax Department. PO Box
97006, Redmond, Washington 98073-9706.
Payment
Unless otherwise indicated in this document or otherwise confirmed by Physio-Control, Inc. in writing, payment for goods and services supplied
by Physio-Control. Inc. shall be subject to the following terms:
Domestic (USA) Sales - Upon approval of credit by Physio-Control, Inc.. 100% of invoice due thirty (30) days after invoice date
International Sales - Sight draft or acceptable (confirmed) irrevocable letter of credit.
Physio-Control, Inc. may change the terms of payment at any time prior to delivery by providing written notice to the Buyer. Physio-Control, Inc
reserves the right to charge a 15% restocking fee for retums.
Delivery
Unless otherwise indicated in this document, delivery shall be FOB Physio-Control, Inc. point of shipment and title and risk of loss shall pass to
the Buyer at that point. Partial deliveries may be made and partial invoices shall be permitted and shall become due in accordance with the
payment terms. In the absence of shipping instructions from the Buyer, Physio-Control, Inc. will obtain transportation on the Buyer's behalf and
for the Buyers account.
Delays
Delivery dates are approximate. Physio-Control, Inc. will not be liable for any loss or damage of any kind due to delays in delivery or non-deli 'Ie
resulting from any cause beyond its reasonable control, including but not limited to, acts of God, labor disputes. the requirements of any
governmental authority, war, civil unrest, terrorist acts, delays in manufacture, obtaining any required license or permit, and Physio-Control. Inc
inability to obtain goods from its usual sources. Any such delay shall not be considered a breach of Physio-Control. Inc. and the Buyer's
agreement and the delivery dates shall be extended for the length of such delay.
Inspections
Claims by the Buyer for damage to or shortages of goods delivered shall be made within thirty (30) days after shipment by providing Physio-
Control. Inc. with written notice of any deficiency. Payment is not contingent upon immediate correction of any deficiencies and Physio-Control
Inc. prior approval is required before the return of any goods to Physio-Control, Inc..
Warranty
Physio-Control, Inc. warrants its products in accordance with the terms of the standard Physio-Control, Inc. product warranty applicabie to the
product to be supplied, and the remedies provided under such warranty shall be the Buyers sole and exclusive remedies. Physio-Control, Inc.
makes no other warranties, express or implied, Including, without limitation, NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, AND IN NO EVENT SHALL PHYSIO-CONTROL. INC. BE LIABLE FOR INCIDENTAL. CONSEQUENTIAL SPECIAL.
OR OTHER DAMAGES.
Patent & Indemnity
Upon receipt of prompt notice from the Buyer and with the Buyer's authority and assistance, Physio-Control, Inc. agrees to defend, indemnify and
hold the Buyer harmless against any claim that the Physio-Control, Inc. products covered by this document directly infringe any United States of
America patent.
Miscellaneous
a) The Buyer agrees that products purchased hereunder will not be reshipped or resold to any persons or places prohibited by the laws of the
United States of America.
b) Through The purchase of Physio-Control, Inc. products, the Buyer does not acquire any interest in any tooling, drawings, design Inforrnation,
computer programming, patents or copyrighted or confidential information related to said products. and the Buver expressly agrees nor to reverse
engineer or decompile such products or related software and information.
c) The rights and obligations of Physio-Control, Inc. and the Buyer related to the purchase and sale of products and services describea in this
document shall be governed by the laws of the State of Washington. United States of America. All costs and expenses incurred by the prevailing
party related to enforcement of its rights under this document, including reasonable attorneys fees. shall be reimbursed by the other partv
.'
./ . i
t'i'/r-:..iC l.nrdrl)l. ,"'IC.
l ~ ~ i 1 \'\':1\":'.'6 Hr\i.H~ NE, F' Cl ::'~"~ ~.; -"('-G.; ~:t;"'.~~'~'l;~.mr.l. \1.J.A 9g05~:~
'fel d2~:. d~l/ 4J)[)I.) iol!~fTee ?JC,n ;"!...;,~i
,,----.------...-..-.-...-....--......----- .-.-it
W'N'<<, physic -control.com
April 13,2009
Boynton Beach Fire & Rescue
Mike Landress
100 E Boynton Beach Blvd
Boynton Beach, FL 33425
To Mr. Landress:
In response to your recent request, I am writing to confirm that Physio~Control, division of
Medtronic, Inc., is the only source from which to obtain the LIFEPAK@ family of products,
including upgrades, and services in your marketplace. Physio-Control does not utilize the services of
any authorized dealers or distributors in the sale of our products in your marketplace.
7~
. Gorman Wong
Customer Services Director
Account Balance Inquiry
~PUBUCSECTOR
NaviUne
Ilia Account
Ilia Budget
I!!i1l Encumbrances
I!!i1l
I!!i1l Procurement
Ilia Transactions
I!!i1l Detail by dale
Ilia Detail by code
I!!i1l Detail byyear
Ilia Pending by dale
lll/J Pending by
[B Perlding by year
2010
Account aC1M...
Pending trans...
Budg~t aUoca...
Account information
0. MAGlINERY AM) EQUIPMENT / PARA/lEDIC EQUIPMEI'lf
Fiscal year: 2009 Dr
B\Jdg~t: 144.02lj./lO
COllliitted: 61.699.34
Q, Balance: 82.326.66
Account Balance by Period
Pe riod/Month
q, m October
0. G2 Neve.ber
q, G3 Dece.ber
0. Il4 January
GI~=
Actuals
.00
.00
.00
59.957.34
tli :.y
p
cumulative ~ 3."
Totals ~.
:~ -j
.G
59.957. -;;
,:.;,,::fJij'
Ba lance
.GO
,GG
Project Data
.
Payment information
vendor (' indicates pending)
Q, BOI.W TREE t'EDICAL LLC
0. S'TYKER EMS EQUIPMEI'lf
Pre Encumbrances
Type Req/PO
Project
.
.
II
f3
Encumbrances
PO#
0. (l90609
0. 09(l756
Vendo r
S'TYKER EMS EQUIPMEI'lf
BOLNO TREE MEDICAL LL
Tota 1
1.742,00
59,957.34
Ba lance
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VI.-CONSENT AGENDA
ITEM C.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 April 21,2009 April 6, 2009 (Noon) 0 June 16, 2009 June I, 2009 (Noon)
0 May 5, 2009 April 20, 2009 (Noon) 0 July 7, 2009 June 15,2009 (Noon)
0 May 19,2009 May 4,2009 (Noon) 0 Julv 21, 2009 July 6, 2009 (Noon)
[gJ June 2, 2009 May 18,2009 (Noon) 0 August 4. 2009 July 20, 2009 (Noon)
0 Announcements/Presentations 0 Citv Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [gJ Consent Agenda 0 Legal
0 Code Compliance & Lellal Settlements 0 Unfinished Business
0 Public Hearinll 0
RECOMMENDATION: Motion to adopt a Resolution to assess the cost of nuisance abatement on properties within the City
of Boynton Beach.
EXPLANATION: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list
contains the addresses of properties cited by Code Compliance for nuisances abated by a City-contracted vendor. Finance sent
an invoice to each property owner. There was no response within the required 30-day period. Copies of the invoices were
then forwarded to the City Clerk's Office for continuation of the procedure. The property owners were again issued a copy of
the invoice and a letter which offered an opportunity to pay the invoice within an additional 30-day period. The attached list
contains the names of the property owners who have still not responded to our correspondence.
At this point in the procedures, authorization is requested to record liens against these properties in the public records of Palm
Beach County within 30 days of adoption of the Resolution. Prior to sending a certified copy of the Resolution to the County
for recording, the City Clerk will send another letter to each property owner notifying them they have another 30 days to pay
the invoice before the Resolution is sent for recording. An additional administrative fee of $30 will be added to the assessment
when the certified copy of the Resolution is sent to the County for recording.
Thirty days after a certified copy of the Resolution is recorded, the property owners will receive, by certified mail, a certified
copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum.
PROGRAM IMPACT:
FISCAL IMPACT: This process allows us to place liens on the properties in order to reimburse the City for the services
that were provided when the nuisances were abated.
The alternative would
place
liens on 1~ropertieS and not collect for the
~
City Manager's Signature
Assistant to City Manager ~
service
City Clerk's Office City Attorney / Finance
S:\CC\WP\LOT MOWING ASSESSMENTS\AGENDA MEMOS\Agenda Item Request for 04-10-09 Letters - #5.doc
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMDOC
1 RESOLUTION NO. 09-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA ASSESSING THE COSTS OF
5 ABATEMENT OF CERTAIN NUISANCES
6 AGAINST THE OWNERS OF THE PROPERTIES
7 INVOL VED; AND PROVIDING AN EFFECTIVE
8 DATE.
9
10
11
12 WHEREAS, in March 5, 2009, a contract vendor was requested by Code Compliance
13 to mow the lots ofthe properties described in Exhibit "A"; and
14
15 WHEREAS, the owners of the parcel(s) of property hereinafter described were
16 invoiced by the Finance Department on two occasions in an effort to recoup these costs with
17 no response; and
18
19 WHEREAS, said nuisance was not abated as required: and.
20
21 WHEREAS, on April 10, 2009, all of the property owners listed in the attached
22 Exhibit "A" were sent letters offering them an opportunity to remit within 30 days in order to
23 avoid incurring a lien on their property: and
24
25 WHEREAS, the City Manager or his authorized representative has made a report of
26 costs actually incurred by the City and abatement of said nuisance as to the property(sl
27 involved, which is described in Exhibit "A" attached to this Resolution: and
28
29 WHEREAS, upon passage of this Resolution. the property owners will be furnished
30 with a copy of this Resolution, and given one more opportunity to remit all costs associated
31 with the abatement in full within 30 days of the passage of the Resolution. before transmittal
32 to the County for recordation of Liens; and
33
34
35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
36 THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS:
37
38 Section 1: Each Whereas clause set forth above IS true and correct and
39 incorporated herein by this reference.
40
41 Section 2: The amount of costs incurred by the City and 1he abatement \,1' the
42 above-described nuisance as to the parcels of land, owned and indicated to wit:
43
44
45 SEE ATTACHED COMPOSITE EXHIBIT "A"
46
S,\CA\RESO\Legislative Actions\Nulsance Abatement Liens 060209 doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
(Charges cover Invoices dated March 5, 2009)
Subject amount is hereby assessed as liens against said parcels of land as
indicated, plus an additional administrative charge of $30.00 for each Lien.
Liens shall be of equal dignity with the taxes there from for the year 2009, and
shall be enforced and collected in like manner pursuant to applicable
provisions of law. In the event collection proceedings are necessary, the
property owner shall pay all costs of the proceedings, including reasonable
attorneys fees.
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of June, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
: ATTEST:
I
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
Janet M. Prainito, CMC
City Clerk
{Corporate Seal}
S:\CA\RESO\Legislative Actions\Nuisance Abatement Liens 060209.doc
:-.fi.!:stName .. - r LastName--- I CompanL "- _._._--~~ ~--- , _._--~ T~t~s .[~~~~~ I
StreetAddress Ci StateZi Invoice# CEB# PCN# Salutation LienAmt
'-I-~-'.-' ~--_.~- .---- --~-
Terrance P I Jarboe I 11124 NW 8 CT Boynton Beach FL 23981 09.395 084345201 Mr. Jarboe 428.09 I
33426 100003100 i
- - -..-------
i IW'"' ',m,'y 807 NE 2 CT Boynton Beach FL 23982 09- 364 084345213 To Whom It 134 398.09
I
l R~",'~ Tru" 33435 60000080 May Concern:
John I Field PO Box 21849 Fort Lauderdale, FL 23980 09,122 084345091 Mr. Field 1~~ 398.09
- ----.------ 33335 _._--_.~_._- 20030120 ---_. ------. .------
Bra n ko 1 Kukurik 7143 Chesapeake Circle Boynton Beach FL 23979 09-213 084345071 Mr. Kukurik 134 398.09
33436 700001860
.--- -_._~ - -- - ~-
*Lien Amount Includes $30 Administrative Fee and is amount to be recorded in PBC.
" ,CC,WP,LlJl r'lUWINC, ASSESSMENT,,\PROCFSS ,TEPS\year 7009\#05 L"t MOWlny Lines 04.09 091Data List for File #0" Lot MOWing Lie", 04.1009.doc
.
VI.-CONSENT AGENDA
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Turned in to Commission Turned in to
Meetina Dates Citv Clerk's Office Meetinn Dates Citv Clerk's Office
D April 21 . 2009 April 6,2009 (Noon) D June 16, 2009 June 1. 2009 (Noon)
D Mav 5, 2009 Aori120, 2009 (Noon) D Julv 7, 2009 June 15, 2009 {Noonl
.
D Mav 19,2009 Mav 4. 2009 (Noon) D Julv 21,2009 Julv 6, 2009 (Noonl
I2?J June 2, 2009 Mav 18. 2009 (Noon) D AUGust 4. 2009 Julv 20.2009 (Noon)
D An nounce ments/Present ati ons D Citv Manaaer's Report
NATURE OF D Administrative D New Business
AGENDA ITEM I2?J Consent Aaenda D Leaal
D Code Comoliance & Leaal Settlements D Unfinished Business
RECOMMENDATION: Approval of Resolution R09_ adoption of the City of Boynton Beach's
Community Development Block Grant (CDBG) FY2008/09 Second Plan Amendment.
EXPLANATION: Under the American Recovery and Reinvestment Act of 2009 CDBG-R, the City
has been provided with a supplemental appropriation to the current years CDBG allocation to address
critical employment and economic development needs.
Commission Approved Recommendation at meeting of May 19.2009
PROGRAM IMPACT: This initiative augments the Energy Efficiency and Conservation Block Grant
(EECBG) funding by targeting economic and community development through increased energy
savings for very low and low-mod homeowners and further meets the goals and objectives of the
American Recovery and Reinvestment Act of 2009 by creating new jobs and sustaining existing ones.
FISCAL IMPACT:
ALTERNATIVES:
$142.780 in supplemental funding for FY 2008/09.
ot accept the additional funding at this t~
City M~r's Signature
Depart
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_J
RESOLUTION R09-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING ADOPTION OF THE CITY OF
BOYNTON BEACH'S COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FY
2008/2009 SECOND PLAN AMENDMENT AND
AUTHORIZING EXECUTION BY THE MAYOR AND
CITY CLERK; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, under the American Recovery and Reinvestment Act of 2009 CDBG-R.
the City has been provided with a supplemental appropriation to the current years CDBO
allocation to address critical employment and economic development needs: and
WHEREAS, the City Commission of the City of Boynton Beach deems it in the best
interest of the citizens and residents of the City to approve the adoption of the Community
Development Block Orant (CDBO) FY 2008/09 Second Plan Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section I.
The foregoing "Whereas" clauses are hereby ratified and confimled as
being true and correct and are hereby made a specitic part of this Resolution upon adoption
24 hereof.
25
Section 2.
The City Commission of the City of Boynton Beach. Florida does
26 hereby approve the adoption of the City of Boynton Beach' s Community Development Block
27 Grant (CDBO) FY 2008/09 Second Plan Amendment and authorizing execution by the i'v1ay'or
28 and City Clerk, a copy of said Plan Amendment being attached hereto as Exhibit "An
29
Section 3.
This Resolution will become etTective immediately upon passage.
1 PASSED AND ADOPTED this _ day of June, 2009.
2
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6 Mayor- Jerry Taylor
7
8
9 Vice Mayor - Woodrow L. Hay
10
11
12 Commissioner - Ronald Weiland
13
14
15 Commissioner - Jose Rodriguez
16
17
18 Commissioner - Marlene Ross
19 ATTEST:
20
21
22
23 Janet M. Prainito, CMC
24 City Clerk
25
26
27
28 (Corporate Seal)
29
2
(, :"dl"~';~J : ":
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~=~
U.S. DEPARTMENT OF HOUSING AND URBAN D~VELOPMENT
THE SECRETARY
WASHINGTON, DC 2041 ["O()(',
May). 2009
Dear CDBG Grantee:
In these difficult economic times, the U.S, Department of Housing and Lrhan
Development is pleased to announce additional funding for the Community Development BlOCh
Grant (CDBG) program under the American Recovery and Reinvestment Act of 2009 (Recoven
Act). The attached CDBG Recovery Act (CDBG-Rl Notice provides your community with a
significant opportunity to address critical employment and economic development needs. In
accepting these funds, it is imperative, however. that you be good stewards of these precious
taxpayer dollars by focusing your efforts on the Recovery Act goals of investing in infrastructure
that will create or sustain jobs in the near-term and generate maximum economic benefit s in the
long-term.
HUD is fully committed to implementation of the guidance provided by President Obam~',
in his March 20,2009, memorandum regarding the need for responsible spending of Recovery
Act funds. The CDBG-R funding presents a unique set of challenges because of the wide range
of activities allowable under the CDBG program, as compared to the more narro\.\ range of
activities allowable under the CDBG-R program. The goals of the Recovery Act are focused on
stimulating job creation and long-term economic benefit. In an effon to ensure responsible
spending of Recovery Act funds, a number of actions have been taken.
First. Section 1604 of the Recovery Act prohibits the use of funds for certain types of
projects including aquariums, casinos, golf courses, swimming pools, and zoos. This prohibition
is clear and direct. and BUD's guidance on the use of CDBG-R funds reflects these prohibitiom.
In addition, BUD is:
1. Conducting extensive outreach to housing and community development officials through
such groups as the National League of Cities. the U.S. Conference of Mayors. the
Kationa] Association of County Officials. and the National Governors ASSOClatlOn to
underscore the importance of focusing on the key elements of the Recovery Act as the:,
examine projects proposed for CDBG-R funding.
..,
Adding a "terms and conditions" to all grant agreements that clear].' reflect the obligmiuI'
of the grantee to comply with the Recovery Act in carrying out its responsibilities.
www.hud.gm.
espanlll.hud.goy
2
3. Providing detailed guidance to grantees regarding expectations for projects and activities
accomplished under the Recovery Act.
4. Encouraging grantees to engage with their auditors early in the planning process, as HUD
has been doing with the Office of the Inspector General, to ensure that major risks to
responsible spending are quickly identified, and mitigation strategies established, upfront.
5. Requiring grantees to identify, upfront, the specific activities and projects that they intend
to fund with CDBG-R funds. The CDBG citizen participation process will apply, with
the additional requirement that grantees post their plans on their own websites in order to
receive a greater level of public comment and scrutiny. Through these efforts, BUD
expects that imprudent projects will be identified and weeded out and that CDBG-R
funds will be used in a manner consistent with the purposes and goals of the Recovery
Act.
6. Posting all proposed grantee projects on the HUD Recovery website to provide complete
transparency and encourage greater scrutiny.
The economic crisis has resulted in many critical needs in our nation's communities. In
order to respond to the core issues of job creation and long-term economic benefit, we must be
disciplined in spending Recovery Act funds. Through the actions outlined above, the
Department intends to reinforce President Obama' s message ofresponsible spending of critical
Recovery Act resources.
Shaun Donovan
Attachment
FL
CAPE CORAL
$421,278
"'"ll1\"'i~"""".::,:
"i.:....:'!'!!j~iJl:'~~~'I:!j)
$186,513
FL
BREVARD COUNTY
FL
COCOA
$61,643
,',~:
DEL TONA $135,554
. :'~::',:: A.;t8_i
FORT PIERCE $184,499
$557.7 44
~:"2i~,'~~,~~1." ~\~~i~~MS~'
~R~;
$371,003
~~ .
FL HILLSBOROUGH COUNTY $1,607,994
fF,i1F'~1i~~~~~~:~J"~f:lr~~1I'7".,
",;~";~~_~~,JIIf~!f5:t~:j~t~j;!m~;~,~,,,'dd:J.~,~..,.~~.R,
FL HOMESTEAD CITY $212,274
": .",,:.JI,r_~
KISSIMMEE $165,274
'".,...',.,~_~I
~jl;O, ~!<:~~ ,.~. ,.' ..J"!;';<,~,,.."I\,<.;;k>. '..;';(fJI~$i:o.",
FL LAKELAND $207,943'
iijN~i~l!iMllllR~~l)iT~lf:l111~\~~~~~1!,~~,~1~~:ilil
"_~~~t!.ll,i;:;!~~(1j"""~~!",~,),",;~~I,,j,,,J)~lit~,~,:1",~~~,,~,~!~~MII,I!;~,-
IFL LAUDERHILL $219.266'
:;:---r-,'D ]\;" ews Re)ease 09-049
ana ILJ:lll tJ8 :: pmun'
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Page 1 of2
Newsroom
News Release
G::1 Inf<m:11ati<mlJ.Yst"te
~Esta___P".9inilen,e_spail9i
e P..rtn.t..ver.~_io:.n
HUD No. 09-049
Andrea Mead
(202) 708-0685
www.hud.aov/news/
For Release
Tuesday
May 5, 2009
HUD ALLOCATES $1 BILLION IN RECOVERY ACT FUNDING TO SUPPORT STATE
AND LOCAL COMMUNITY DEVELOPM ENT
CD8G funding designed to build critical infrastructure and create jobs
WASHINGTON - In an effort to stimulate cornmunity development and job growth,
U.S. Housing and Urban Development Secretary Shaun Donovan today allocated
$1 billion in funding to nearly 1,200 state and local governments through the
American Recovery and Reinvestment Act of 2009 (Recovery Act). These grants
will be provided through HUD's long-standing Community Development Block
Grant (CDBG) Program and will primarily benefit low- to moderate-incorne
persons living in these comrnunities.
CDBG enables state and local governments to undertake a wide range of activities
intended to create suitable living environments, provide affordable housing and
create economic opportunities. Under the Recovery Act, recipients shall give
priority to prudent projects that can award contracts based on bids within 120
days of the grant agreement.
"Today, we make another investment in the economic recovery of our cities,
counties and states," said Donovan. "President Obama and I are anxious to put
this money to work for long-term, sustainable community development. And like
this Administration, American taxpayers expect these funds to be spent prudently
so they can quickly contribute to America's economic revitalization and growth."
President Obama directed all Recovery Act funding to be spent responsibly and in
a transparent manner in order to provide a necessary economic boost, create jobs,
and strengthen America's middle class. With today's announcement, HUD is
reminding CDBG grantees that while the program has historically supported a wide
variety of public improvements, the Recovery Act prohibits certain activities
including "any casino or other gambling establishment, aquarium, zoo, golf course,
or swimrning pool."
In a letter to CDBG recipients of Recovery Act funds, Donovan wrote, "In accepting
these funds, it is irnperative that you be good stewards of these precious taxpayer
dollars by focusing your efforts on the Recovery Act goals of investing in
infrastructure that will create or sustain jobs in the near-term and generate
maximum economic benefits in the long-term."
Since 1974, CDBG has provided more than $123 billion to state and local
governments to target their own community development priorities. The
rehabilitation of affordable housing and the construction and improvement of
public facilities have traditionally been the largest uses of CDBG funds although
the program is also an important catalyst for job growth and business
opportunities. Annual CDBG funds a re distributed to communities according to a
statutorv formula based on a community's population, poverty, and age of its
housing stock, and extent of overcrowded housing.
###
HUD is the nation's housing agency committed to sustaining homeownership;
creating affordable housing opportunities for low-income Americans; and
http://Vr.TWW .hud. gov/news/release .cfm ?content=pr09-04 9 .cfm
5/13/2009
CDBG-R SUBMISSION TEMPLATE
& CHECKLIST
The American Recovery and Reinvestment Act of 2009 ("Recovery Act") was signed
into law by President Obama on February 17, 2009. The Recovery Act awards $1 billion in
CDBG Recovery (CDBG-R) funds to be distributed to cities, counties, insular areas and states,
of which $10 million has been reserved by HUD for its administrative costs and $10 million of
which will be awarded to Indian tribes. Recipients of the remaining $980 million of CDBG-R
funds will be the approximately 1,200 jurisdictions that received CDBG funding in Fiscal Year
2008. This template sets forth the suggested format for grantees receiving funds from CDBG-R.
A complete submission contains the information requested below, including:
(1) The CDBG-R Substantial Amendment (template attached below)
(2) Spreadsheet for Reporting Proposed CDBG-R Activities (see
http://www .hud. gov /recovery)
(3) Signed and Dated Certifications (see http://www.hud.gov/recovery)
(4) Signed and Dated SF-424.
Grantees should also attach a completed CDBG-R Substantial Amendment Checklist to ensure
completeness and efficiency of review (attached below).
THE CDBG-R SUBSTANTIAL AMENDMENT
Jurisdiction Web Address:
. www.bovnton-beach.org
CDBG-R Contact Person: Octavia S. Sherrod
Address: 100 E. Boynton Beach Blvd.
Boynton Beach. Florida 33435
561/742-6066
561/742-6089
sherrodo@bbfl.us
Telephone:
Fax:
Email:
Jurisdiction(s): City of Boynton Beach
ENSURING RESPONSIBLE SPENDING OF RECOVERY ACT FUNDS
Funding available under the Recovery Act has clear purposes - to stimulate the economy
through measures that modernize the Nation's infrastructure, improve energy efficiency, and
expand educational opportunities and access to health care. HUD strongly urges grantees to use
CDBG-R funds for hard development costs associated with infrastructure activities that provide
basic services to residents or activities that promote energy efficiency and conservation through
rehabilitation or retrofitting of existing buildings. While the full range of CDBG activities is
available to grantees, the Department strongly suggests that grantees incorporate consideration
of the public perception of the intent of the Recovery Act in identifying and selecting projects for
CDBG-R funding.
A. SPREADSHEET FOR REPORTING PROPOSED CDBG-R ACTIVITIES
Grantees must provide information concerning CDBG-R assisted activities in an electronic
spreadsheet provided by HUD. The information that must be reported in the spreadsheet
includes activity name, activity description, CDBG-R dollar amount budgeted, eligibility
category, national objective citation, additional Recovery Act funds for the activity received from
other programs, and total activity budget. An electronic copy of the spreadsheet and the format
is available on HUD's recovery website at httv://www.hud.gov/recovery.
See Attached.
2
B. CDBG-R INFORMATION BY ACTIVITY (COMPLETE FOR EACH ACTIVIT!')
(1) Activitv Name: (Grantees should follow the same order that activities are listed in the Spreadsheet
for Reporting Proposed CDBG-R Activities ~ this will allovv HUD to easi!.v match activi(y narratives
with the information provided in the spreadsheet.)
Residential Greening.
(2) Activitv Narrative:
In addition to the Spreadsheet for Reporting Proposed CDBG-R Activities, grantees must
provide a narrative for each activi(v describing how the use of the grantee's CDBG-R funds wili
meet the requirements of Title >"71 of Division A and Section 1602 of ARRA. The grantee's narrative
must also state how CDBG-R funds will be used in a manner that maximizes job creation and
economic benefit in relation to the CDBG-Rfunds obligated. and will address the Recovery Act. by'
. Preserving and creatingjobs and promoting economic recoverv:
. Assisting those most impacted by the recession;
. Providing investment needed to increase economic efficiency:
. Investing in transportation. environmental protection. or other infrastructure that will
provide long-term economic benefits:
. Minimizing or avoiding reductions in essential services: or
. Fostering energy independence.
The City of Boynton Beach plans to meet the objectives of Title XII of Division A and Section
1602 of The American Recovery and Reinvestment Act of 2009 Act's objective of stimulating
the city's economy by implementing a program which improves energy efficiency of older
single family dwellings. The City will carry out an eligible Community Development Block
Grant activity on an expedited basis.
One of the largest impacts on the very low and low-mod income community during this
recession is that of the cost of energy for heating fuel and air conditioning. This effort will
subsequently decrease and make available resources for the households affected thereby
providing long-term economic benefits.
(3) Jobs Created: (Report the number o.ffull- and part.timejobs estimated to be created and retained
by the activi(v (including permanent. construction, and temporaryjobsJ.
The number of jobs expected to be created with this activity is estimated to be
about 18.
(4) Additional Activitv Information: (A description of how the activity will promote cncr6.'1
conservation, smart growth. green building technologies. or reduced pollution emissions. II
applicable.)
The activity will retrofit. install. and/or replace air conditioning condensers with
modern units that have higher efficiency seer ratings of 14 and above. We will be
installing insulation into each unit with a rating of R-30. We will be implementing a
process that will comprise of sealing around doors and windows. and filling in any
openings that will permit any air infiltration. This activity will also upgrade electrical
systems as needed to accommodate energy savings.
(5) Responsible Orflanization: (Contact information for the organization that will implement the
CDBG-R activity, including its name, location, and administrator contact information)
City of Boynton Beach
Department of Development - Community Improvement Division
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Octavia S. Sherrod, Community Improvement Manager
Phone: [561] 742-6066 Fax: [561] 742-6089
Email: sherrodo@bbfl.us
Monday - Thursday, 7 a.m. - 6 p.m. [commencing June 8, 2009]
C. PUBLIC COMMENT
Provide a summary of public comments received to the proposed CDBG-R Substantial
Amendment.
Note: A Proposed CDBG-R Substantial Amendment must be published via the usual methods
and posted on the jurisdiction's website for no less than 7 calendar days for public comment.
Response:
4
CDBG-R
Activity Data Spreadsheet
Residential.~eening _..
Installation and/or upgrade of air condition units, installing insulation, electrical
upgrade, removal of inefficient window units
Decent Housing LMH
128,502
128,502
Administration
Planning. monitoring, marketing. supplies, staffing, and other activities required for
the implementation of this activity
$14,278
14,278
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CERTIFICATIONS
(l) Affirmatively furthering fair housing. The jurisdiction will affirmatively further fair housing,
which means that it will conduct an analysis to identify impediments to fair housing choice within the
jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that
analysis, and maintain records reflecting the analysis and actions in this regard.
(2) Anti-displacement and relocation plan. The jurisdiction will comply with the acquisition and
relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, as amended (42 U.S.C. 4601), and implementing regulations at 49 CFR part 24; and it has in
effect and is following a residential anti-displacement and relocation assistance plan required under
section 104(d) of the housing and Community Development Act of 1974, as amended, in connection with
any activity assisted with funding under CDBG-R.
(3) Drug Free Workplace. The jurisdiction will or will continue to provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace
and specifying the actions that will be taken against employees for violation of such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about-
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee assistance programs; and
(d) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant be
given a copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of
employment under the grant, the employee will -
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for a violation of a criminal
drug statute occurring in the workplace no later than five calendar days after such
conviction;
5. Notifying the agency in writing, within ten calendar days after receiving notice under
subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title, to every grant
officer or other designee on whose grant activity the convicted employee was working, unless the
Federal agency has designated a central point for the receipt of such notices. Notice shall include
the identification number(s) of each affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph 4(b), with respect to any employee who is so convicted:
(a) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
1
(b) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health.
law enforcement, or other appropriate agency:
7. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs L 2, 3, 4, 5 and 6.
(4) Anti-lobbying. To the best ofthe jurisdiction's knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension.
continuation, renewal, amendment, or modification of any Federal contract, grant, loan. or
cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress 111
connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions; and
3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be
included in the award documents for all sub awards at all tiers (including subcontracts, sub grants.
and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
(5) Authority of Jurisdiction. The jurisdiction possesses the legal authority to carry out the programs
for which it is seeking funding, in accordance with applicable HUD regulations and other program
requirements.
(6) Consistency with Plan. The housing activities to be undertaken with CDBG-R funds are consistent
with its consolidated plan.
(7) Section 3. The jurisdiction will comply with section 3 of the Housing and Urban Development Act
of 1968 (12 U.s.c. 1701 u), and implementing regulations at 24 CFR part 135.
(8) Community development plan. The jurisdiction certifies that the consolidated housing and
community development plan identifies housing and community development needs and specifies both
short-term and long-term community development objectives that have been developed in accordance
with the primary objective of the statute authorizing the CDBG program.
(9) Following a plan. The jurisdiction is following a current consolidated plan that has been approved
by HUD.
(10) Use of funds. The jurisdiction has developed activities so as to give the maximum feasible priorIt)
to activities that will benefit low- and moderate-income families or aid in the prevention of slums or
blight. Additional activities may be included that are designed to meet other community development
needs having particular urgency because existing conditions pose a serious and immediate threat to the
health or welfare of the community where other financial resources are not available to meet such needs
It has complied with the following criteria:
1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG-R
funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to
activities which benefit low and moderate income families or aid in the prevention or elimination
of slums or blight. The Action Plan may also include activities which the grantee certifies are
designed to meet other community development needs having a particular urgency because
existing conditions pose a serious and immediate threat to the health or welfare of the community,
and other financial resources are not available);
2. Special Assessments. The jurisdiction will not attempt to recover any capital costs of public
improvements assisted with CDBG-R funds by assessing any amount against properties owned
and occupied by persons of low- and moderate-income, including any fee charged or assessment
made as a condition of obtaining access to such public improvements. However, if CDBG-R
funds are used to pay the proportion of a fee or assessment attributable to the capital costs of
public improvements (assisted in part with CDBG-R funds) financed from other revenue sources,
an assessment or charge may be made against the property with respect to the public
improvements financed by a source other than CDBG-R funds. The jurisdiction will not attempt
to recover any capital costs of public improvements assisted with CDBG-R funds, unless CDBG-
R funds are used to pay the proportion of fee or assessment attributable to the capital costs of
public improvements financed from other revenue sources. In this case, an assessment or charge
may be made against the property with respect to the public improvements financed by a source
other than CDBG-R funds. In addition, with respect to properties owned and occupied by
moderate-income (but not low-income) families, an assessment or charge may be made against
the property with respect to the public improvements financed by a source other than CDBG-R
funds if the jurisdiction certifies that it lacks CDBG-R or CDBG funds to cover the assessment.
(11) Excessive Force. The jurisdiction certifies that it has adopted and is enforcing: (I) a policy
prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any
individuals engaged in non-violent civil rights demonstrations; and (2) a policy of enforcing applicable
State and local laws against physically barring entrance to or exit from a facility or location that is the
subject of such non-violent civil rights demonstrations within its jurisdiction.
(12) Compliance with anti-discrimination laws. The CDBG-R grant will be conducted and
administered in conformity with title VI of the Civil Rights Act of 1964 (42 D.S.C. 2000d), the Fair
Housing Act (42 D.S.C. 3601-3619), and implementing regulations.
(13) Compliance with lead-based paint procedures. The activities concerning lead-based paint will
comply with the requirements of part 35, subparts A, B, J, K, and R of this title.
(14) Compliance with laws. The jurisdiction will comply with applicable laws.
(15) Compliance with ARRA. The jurisdiction will comply with Title XII of Division A of the
American Recovery and Reinvestment Act of 2009.
(16) Project selection. The jurisdiction will select projects to be funded, by giving priority to projects
that can award contracts based on bids within 120 days from the date the funds are made available to the
recipient, and that will ensure maximum job creation and economic benefit.
(17) Timeliness of infrastructure investments. When the jurisdiction uses CDBG-R funds for
infrastructure investments, the grantee will give preference to quick-start and finish activities, including a
goal to use at least 50 percent of the funds for activities within 120 days of enactment of the Recovery
Act.
3
(18) Buy American provision. The jurisdiction will ensure that all iron. steel and manufactured goods
used in construction, alteration, repair, or maintenance of a public building or public work project assisted
with CDBG-R funds under the Recovery Act must be produced in the United States unless the Secretary
finds that: (1) the requirement is inconsistent with public interest; (2) those goods are not reasonably
available or produced in sufficient quantity in the U.S.; (3) or the use of the goods will increase the
project cost by more than 25 percent.
(19) Appropriate use of funds for infrastructure investments. The Governor, mayor, or other chief
executive, as appropriate certifies, that any infrastructure investments have received the full review and
vetting required by law and that the chief executive accepts responsibility that the infrastructure
investment is an appropriate use of taxpayer dollars. Alternatively, a grantee's chief elected official
certifies that infrastructure investments will receive the full review and vetting required by law and that
the chief executive accepts responsibility that the infrastructure investment is an appropriate use of
taxpayer dollars.
(20) 70% of CDBG-R for LMI. The aggregate use of CDBG-R funds shall principally benefit persons
of low and moderate income in a manner that ensures that at least 70 percent of the grant is expended for
activities that benefit such persons over the life of the CDBG-R grant.
Signature/Authorized Official
Date
Title
-I
OPTIONAL CERTIFICATION
CDBG-R
Submit the following certification only when one or more of the activities in the action plan are designed
to meet other community development needs having a particular urgency as specified in 24 CFR
570.208(c):
Where the urgent need is the current economic conditions, the grantee certifies that the activity is
alleviating current economic conditions which pose a threat to the economic welfare of the
community in which the activity is being carried out, the recipient is unable to finance the activity on
its own, and other sources of funding are not available.
Signature/Authorized Official
Date
Title
5
APPLICATION FOR
FEDERAL ASSISTANCE
:JMB App::oveci Lc. ) C" ~
version 7/03
11, TYPE OF SUBMISSION:
i Application ! Pre-application
~ Construction f!7' Construction
Non-Construction n Non-Construction
15 APPLICANT INFORMATION
2. DATE SUBMITTED
June 4,2009
3. DATE RECEIVED BY STATE
i Applicant Identifier
~~te- Application Idenlifier'-' -.
,
4. DATE RECEIVED BY FEDERAL AGENCY I Federal Identifier
B,08,MC,0043
Organizational Unit: --,.-.---
Legal Name: .___-1
City of Boynton Beach Department:
Development -"'--'-'-"--~-" ---. ~- --.,-.-----,-..- .
Organizational DUNS: Division:
07,224,7133 FTB Community Improvement
Address: Name and telephone number of person to be contacted on matters i
: Street: involving this application (give area code) ., ._____J
i Prefix: I First Name:
1100 East Boynton Beach Boulevard I Octavia .___~,_~ - -----.------ -.-.--
I City: Middle Name
~, .- -' ..__._-_._._-_..._--_._-~---~ - --- ---- ----- -,
i Count~: Last Name
I Palm each County Sherrod
Suffix: ,- .. .'-'..---.------- .-----
State: I Zip Code
Florida 33435
Email: ._--'." ------.
Country:
United States of America sherrodo@bbfl.us
6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) i Fax Number (give area code\ ...
@]~-@]@][Q][Q]~~@J [561] 742,6066 [561] 742,6089
8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types)
, L New fi'1 Continuation
Ilf Revision. enter appropriate letter(s) in box(es)
(See back of form for description of letters.) D
Il71 Revision
, Boynton Beach
,-.- 19. NAME OF FEDERAL AGENCY: ..--..--------."
Other (specify)
I ---
10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: [11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
DD-DDD I American Recovery & Reinvestment Act of 2009 CDBG,R
Residential Greening - The replacement/installation of energy efficient
TITLE (Name of Program): i central AlC units, to include improvement of building envelope with
12. AREAS AFFECTED BY PROJECT (Cities. Counties, States, etc.)' I home insulation.
City of Boynton Beach, Palm Beach County, Florida
13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: --------.---
I Ending Date: a. Applicant ~~ Project . --. .,-_.-------~_.
I Start Date: 23
i 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE
laRDER 12372 PROCESS?
a. Federal :t> uv ~a Yes.l1J THIS PREAPPLlCATION/APPLlCATION WAS MADE
142,780 AVAILABLE TO THE STATE EXECUTIVE ORDER 12372
b. Applicant :t> uv I PROCESS FOR REVIEW ON
c. State :t> ---nu--"--! DATE:
! d. Local :t> uu rl PROGRAM IS NOT COVERED BY E. 0 12372
i b, No.
e. Other $ uu I 0 OR PROGRAM HAS NOT BEEN SELECTED BY STATE
FOR REVIEW
I f Program Income $ uv 117. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
g. TOTAL $ uu o Yes If "Yes" attach an explanation. o No
142,780
18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLlCATION/PREAPPLICATION ARE TRUE AND CORRECT. THE
DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE
IATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED.
a. Authorized Renresentative __.__nm___~_
Prefix I First Name Middle Name
Last Name Suffix --- ..--------,
Ib Title . Telephone Number (give area code)
~. , _.
i Signature of Authorized Representative e Date Signed
!AI
1
i C Municipal
lather (specify)
Previous Edition Usable
4uthorized for Local Reoroduction
Standard Form 424 (Rev.9-2003)
Prescribed bv OMB Circular A,1 0;'
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VI.-CONSENT AGENDA
ITEM D.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City
Comrnission Meeting Turned in to City Clerk's Commission Meeting Dates
Dates Office
0 A ril21, 2009 0 June 16, 2009
0 5,2009 0 Jul 7,2009
0 19,2009 0 Jul 21,2009
[gJ June 2, 2009 0 Au ust 4, 2009
Date Final Form Must be
Turned in to City Clerk's
Office
NA TURE OF
AGENDA ITEM
o Announcements/Presentations
o Administratiye
[gJ
o
o Public Hearin
o
o
o Le al
o Unfinished Business
o
~~~
-0
:J:
N
..
.s:- __,
~ ""(P;
m!;":)
RECOMMENDATION: Motion to accept the attached "Analysis of Revenues & Expenditures (General Fund & UtiITfy
Fund) for the Seven Months Ended April 30, 2009.
EXPLANATION: The attached report provides brief comments on actual revenues realized and expenditures incurred to
date as compared to the annual budgeted amounts for the General Fund and the Utility Fund.
PROGRAM IMPACT: This report is one ofthe financial reporting programs of the Department for the purpose of providing
interim financial information to the City Commission and City Management.
FISCAL IMPACT: The fiscal impact of the actual financial results to date is noted in the attached report.
AL TERNA TlVES: Discu~s the report and I or respond to questions at the City Commission meeting.
~~l,@J
Financial Services
Assistant to City Manager
C' A ((F'W
lty ttorney mance
Department Name
C:\Documents and Settings\bressnerk\Local Settings\Temporary Internet Files\OLK44\Agenda Item Request - 7 Months Apr 30 2009 - GF UF Budget
Status.doc
CITY OF BOYNTON BEACH
FINANCIAL SERVICES DEPARTMENT
MEMORANDUM
.,
TO:
Kurt Bressner, City Manager
FROM:
Barry Atwood, Finance Director
Tim Howard, Deputy Finance Directo
Anthony Davidson, Budget Manager
Sue Moroney, Revenue Manager
DATE:
May 25,2009
SUBJECT: Analysis of Revenues & Expenditures (General Fund & Utility Fund)
Seven Months Ended April, 2009
We are providing this analysis of actual revenues and expenditures of the City's General Fund and Utility Fund for
the seven months ended April 30, 2009 (58% of the year) compared to the annual budget of each fund.
GENERAL FUND
FY 2009 revenues to date exceed expenditures by $8.9 million; up from $8.4 million at March 31. However, that
compares negatively to FY 2008 by $2.5 million to date when revenues exceeded expenditures by $11.4 million as
noted in the following summa
(5,047)
Revenues & Transfers
Expenditures
Excess (Deficit)
FY 2009 Actual
to Date
Amount %
$ 49,422 67%
$(40,486) 55%
- $ 8,936
FY 2008 Actual
to Date
Amount %
$ 49,248 72%
$(37,793) 55%
$ 11,455
FY 2009 Revenues & Transfers above in the Annual Budget column includes a $4.630 million
appropriation of fund balance as a funding source in order to balance the budget for the full year.
Revenues & Transfers (Exhibit A) - We note certain revenues are still running behind the same period last year.
To date in FY 2009, General Fund revenues and transfers realized were $49.4 million (67%) of the original $73.9
million annual estimate. However, at the same point in FY 2008, realized revenues of $49.2 million were 72% of the
$68.4 million annual estimate. As a result, staff analyzed and projected annual estimates for all revenue sources.
. Exhibit A reports property tax collections of $32.0 million to date this year are 92% of the annual budget. This
now equals the same 92% collected at this same point last year whereas last month FY 2009 was running 1 %
behind FY 2008. While we have not reduced our estimate for the year at this point, we continue tol monitor
collections as we are now in the delinquent tax period with $3 million remaining to collect.
. Based on a review of all other revenues for the first 7 months, we continue to project a revenue shortfall of
approximately $5.0 million for the current fiscal year. Major revenue variances to date resulting in the projected
$5 million revenue deficit are building permits down $3 million and State shared revenue down $0.5 million.
Exhibit A displays the details of the projected difference for each revenue source.
. Franchise Fees appear to display a significant percentage drop when compared to the prior year; realizing 37%
year-to-date this year compared to 54% in FY 2008. However, there is a two-month lag in receiving franchise
fees. For instance, in FY 2008 the receipts recorded in October and November ($955 thousand) were actually
revenues of August and September and accrued in FY 2007. If this amount had been recorded on a cash basis
(vs. accrual) in the current year consistent with FY 2008, we would have reported $2,841,041 (55%) of budgeted
revenue received to date compared to 54% in FY 2008
We are monitoring and comparing Franchise Fees on a comparable month and they appear on track.
Page 1 of 2 Pages
EXpe11ditures (Exhibit B) - General Fund expenditures for the period were $40.4 million (55%) of the $73.9 million
annual expenditure appropriation. This represents an increase of $2.6 million compared to FY 2008. However, the
percent of expended budget is equivalent at 55% for FY 2009 compared to the same 55% expended in FY 2008.
. Exhibit B provides details of expenditures to date of each department. Of the larger departments:
o Police Deoartment is tracking at 57% ($13.7 million) of its annual $24.3 million budget. At this point in
FY 2008, Police had expended 61% ($13.1 million) of its annual $21.3 million budget.
o Fire Deoartment is tracking at 57% ($10.7 million) of its annual $18.7 million budget. You will note the
large increase in both the budget and the expenditures to date since the operating expenditures of what
was included in the Fire Assessment Fund in FY 2008, are now included in the General Fund.
o Buildina & Develooment has reduced its expenditure rate to date to offset some the permit revenue
shortfalls.
o Public Works spending is level with last year even though their budget is increased in FY 2009.
o Leisure Services (Library, Recreation and Parks) are all on track with last year's spending and percent
of their annual budget spent to date.
. In addition, the graph on the lower half of Exhibit B notes that expenditures to date are tracking the same
spending pattern as FY 2008. They appear to be on course to come in slightly under the FY 2009 straight line
budget ending up at $73.9 million for the year in September.
UTILITY FUND
To date Utility Fund revenues and fund balance appropriation exceeded expenditures by $2.4 million in FY 2009
compared to a $926,000 surplus for FY 2008. While this notes a positive swing of $1.5 million as noted in the
following summary it includes a $2.4 million fund balance appropriation as part of the funding source.
Revenues & Fund Balance
Expenditures
Excess (Deficit)
FY 2008
Annual
Bud et
$ 33,312
$ (33,312)
$
FY 2009 Revenues & Fund Balances above in the Annual Budget column includes a $4.887 million
appropriation of fund balance as a funding source in order to balance the budget for the full year.
Revenues (Exhibit C) - The $20.3 million in FY 2009 revenues and fund balance appropriation exceed the $15.8
million to date in FY 2008 by $4.5 million because of the $2.8 million fund appropriation and the rate increase
effective at the beginning of this fiscal year making up the difference. It appears that the reduced water and sewage
revenues estimated for FY 2009 is reasonable at this 58% of the way through the fiscal year as follows:
. Water Sales - $6.9 million = 57% of the annual estimate with the heavier usage coming in the months ahead.
. Sewer Service - $8.2 million = 59% of the annual estimate
. Stormwater - $1.9 million = 58% of the annual estimate
The May 1 water and sewer rate increases should begin to offset the projected $4.887 million budgeted deficit.
Expenditures (Exhibit D) - Utility Fund expenditures to date were $17.8 million or 50% of the annual appropriation.
Individual expenditure categories reasonably tracked and compare favorably to FY 2008 especially in the major
expenditure categories of Public Water Treatment, Wastewater Pumping and Sewage Treatment, and General
Administration.
Page 2 of 2 Pages
EXHIBIT A
CITY OF BOYNTON BEACH, FLORIDA
GENERAL FUND ANALYSIS
STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended April 30, 2009 (58% of Fiscal Year)
I REVENUES
FY 2009 ANNUAL BUDGET FY 2009 TO DATE FY 2008 FY 2008 TO DATE
ACCOUNTS % BUDGET %
DIFFERENCE PROJECTED APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED
AD VALOREM TAXES - $35,013,460 $35,013,460 $32,042,793 92% $38,151,700 $35,0<16,666 92%
LESS TIF TAXES TO CRA - ' 15.243.820) (5 243 820\ (5,243,820) 100% 16 129 284\ (6,129,284) 100%
NET TAXES TO THE CITY - 29,769,640 29,769,640 26,798,973 90% 32,022,.16 28,917,382 90%
UCENSES AND PERMITS
FRANCHISE FEES (221,000) 4,900,000 5,121,000 1,886,CM1 37% 5,188,400 2,817,982 M%
BUSINESS TAXES (66,000) 1,335,000 1,391,000 1,347,616 97% 1,385,000 1,362,382 98%
BUILDING PERMITS (3,015,000) 935,000 3,950,000 57.,179 15% 5,2<14,930 3,258,051 62%
PUBLIC SERVICE TAXES - - - - 0% 3,822,.a90 1,817,155 048%
OTHR UCENSES, FEES & PER (28,000) 188,000 196,000 143,393 73% 223,700 153,323 69%
INTERGOVERNMENTAL REVENUES
OTHER FEDERAL REVENUE (185,000) 25,000 210,000 7,307 3% 2,600 30,023 1201%
STATE SHARED REVENUES (505,000) 6,152,000 6,657,000 3,306,347 50% 7,7"".000 3,711,107 048%
SHRD REV FROM OTHR LCL (15,000) 0490,000 505,000 138,672 27% &42,000 93,661 10%
CHARGES FOR SERVICES
PYMTS IN UEU OF TAXES 7,000 93,000 86,000 92,768 108% 87,200 82,552 95%
CHRGS-GENERAL GOVT (39,M16) 251,000 290,M16 17.,338 60% <106,750 199,362 <19%
PUBUC SAFETY (386,925) 3,850,000 .,236,925 2,712"'1. 6<4% 3,.182,600 2,355,113 68%
PHYSICAL ENVIRONMENT 2,000 7,000 5,000 8"'26 169% - 3.318 ) 0%
CULTURERECREATION (7,000) 305,000 312,000 185,003 59% 266,800 198,782 75%
INTEREST & MISC REVENUE
VIOLATIONS LOCAL ORD. (8,000) 95,000 103,000 85"'76 83% 280,000 60,920 22",(,
INTEREST EARNINGS (295,000) 805,000 1,100,000 336,169 31% 1,519,525 667,339 44%
RENTS AND ROYALTIES (34,000) 200,000 234,000 108,225 .c6% 209,500 137,773 66%
SALE OF SURPLUS MATERIAL - 3,000 3,000 25,<197 850% 7,500 5,032 67%
OTHER MISC. REVENUE (261,000) 116,000 377,000 16<4,591 44% 216,900 236,062 109%
INTERNAL FUND TRANSFERS
TRANSFERS - 1.,786,665 1.,786,665 8,625,573 58% 5,386,800 3,1.1,.c67 58%
FUND BALANCE APPROPRIATED - . 630 000 ..630.000 2,700,833 58% . - 0%
Total Revenues $ (5,CM7,331) $ 68,916,305 $ 73,9&3,636 $49,.121,841 67% $ 68,442,011 $ <19,2048,788 72%
$80,000
$70,000
$60,000
$50.000
$40,000
$30,000
$20,000
$10,000
.400
$0
Ocl
Two Year Cumulative Revenue
Comparison and CFY Budget - ($ in
thousands)
568,916
Nov
Dee
Jon
Feb
May
Jun
Jul
Sep
Aug
Mar
ApT
L_____~=..~cumulatiVe 08 Actu~_~cu~:latiVe ~9 Actual
-- Projeded 09 Budget J
S;IFinanccIFinancial Reports\Mootl)ly Financial Reports\Budgel RlMew, OF ,thru Apr 09 SummarizcdOOI Rovenue Summary Revised
5/2212009
EXHIBIT B
CITY OF BOYNTON BEACH, FLORIDA
GENERAL FUND ANALYSIS
STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended April 30, 2009 (58% of Fiscal Year)
EXPENDITURES
F'Y 2009 FY 2009 TO DATE F'Y ZOOS FY 2008 TO DATE
ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED %
APPROVED EXPENDED APPROVED EXPENDED
.--- --
GENERAL GOVERNMENT
CITY COMMISSION $ 423,814 $ 237,761 56% $ 474,152 $ 171,674 36%
CITY MANAGER 639,605 337,427 53% 611,335 320,871 52%
CITY HALUGEN. ADMIN. 1 ,917,260 916,438 48% 4,217,483 1,136,055 27%
PUBLIC AFFAIRS 182,064 77,491 43% 185,891 94,355 51%
CITY CLERK 558,899 260,523 47% 557,755 279,499 50%
CITY ATTORNEY 480,375 254,498 53% 444,046 268,928 61%
FINANCIAL SERVICES 1,247,864 678,363 54% 1,176,149 655,779 56%
ITS 1,866,388 1,003,162 54% 1,763,228 1,081,085 61%
GEOGRAPHICAL INFO SYSTEMS 430,164 209,694 49% 411,207 244,275 59%
HUMAN RESOURCES 1,045,986 517,525 49% 916,809 452,593 49%
ORGANIZATIONAL DEVELOP 198,891 72,201 36% 179,790 94,661 53%
PUBLIC SAFETY
COMMUNICATIONS 2,384,971 1,147,941 48% 2,341,086 1,089,341 47%
POLICE 24,321,550 13,752,753 57% 21,360,400 13,132,969 61%
CODE COMPLIANCE 1,261,445 645,277 51% 1,024,201 593,966 58%
FIRE 18,713,899 10,756,455 57% 14,802,509 8,620,387 5S"'{'
EMERGENCY MANAGEMENT 116,300 45,843 39% 149,697 36,170 24%
ANIMAL CONTROL 201,023 97,461 48% 185,049 96,699 52%
BUILDING & DEVELOPMENT
DEVELOPMENT 412,826 238,462 58% 387,954 228,741 59%
BUILDING 2,368,088 1,092,977 46% 2,432,725 1,299,617 53%
ENGINEERING 937,154 510,132 54% 919,102 482,025 52%
PLANNING & ZONING 991,450 528,670 53% 1,039,390 574,596 55%
BUSINESS TAX 297,936 157,934 53% 288,726 155,858 54%
PUBLIC WORKS
PUBLIC WORKS 296,412 179,224 60% 294,524 169,008 57%
FACILmES MANAGEMENT 2,009,496 947,454 47% 1,792,068 1,005,734 56%
STREETS MAINTENANCE 1,175,287 559,413 48% 1,064,949 485,754 46%
LEISURE SERVICES
LIBRARY 2,600,620 1,313,772 51% 2,490,441 1,285,798 52%
RECREATION 2,771,735 1,499,911 54% 2,795,725 1,413,466 51%
FORESTRY & GROUNDS 1,824,643 864,162 47% 1,862,982 862,357 46%
PARKS MAINTENANCE 2,324,939 1,340,429 58% 2,272,639 1,202,872 53%
CRA REIMBURSABLE & RESERVES (37,448) 242,182 0% 258,292 0%
Total Expenditures $ 73.963 636 $ 40,485,535 55% $ 68442011 $ 37,793,425 55%
$80,000
$7:>;64
$70,000
..
x
,!;~ ii'
..-
X
"-':'-I.~'--1::
$60.000
,./
x
,.. -I.:;.
i $50,000
//
/~
X
$~O.2"f'
$20,000
x
....J ~ ,9(..~
$40.000
'J 'T '~'1.J
$30,000
~J3,ll..l
$10,000
~l~~
~t64
$1>
Ocl
No\'
Dec
Jall
Feb
Mal
ApT
May
JUll
iul
^1I~
~ep
X Cumulative 08 Actual
......Cumulative 09 Actual
+- Budget 09
S:\Finance\Financial Reports\MonthJy Financial Reports\Budget Review - GF ~ thru Apr 09 SummarizedOOI Expenditure Summary Rcvtserl
- '2{!!!1
EXHIBIT C
CITY OF BOYNTON BEACH, FLORIDA
UTILITY FUND ANALYSIS
STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended April 30, 2009 (58% of Fiscal Year)
REVENUES
FY 2009 FY 2009 TO DATE FYZUUII FY 2008 TO DATE
ACCOUNTS BUDGET REVENUE % BUDGET REVENUE %
APPROVED REALIZED REAUZED APPROVED REAUZED REALIZED
WATER SALES $12,100,000 $ 6,917,593 57% $13,853,000 $ 5,772,722 42%
WATER CONNECTION FEE 80,000 8,830 11% 206,000 92,040 45%
WATER SERVICE CHARGE 200,000 164,910 82% 200,000 132,635 65%
WTR-BACKFLOW PREVNTR TEST - 19,990 - -
SEWER SERVICE 13,825,000 8,212,002 59% 14,251,907 7,505,781 53%
STORMWATER UTILITY FEE 3,315,000 1,934,145 58% 3,495,800 1,932,064 55%
TELEVISE SEWER LINES 10,000 - 0% 30,000 3,341 11%
FEES 50,000 - 0% 50,000 31,351 63%
INTEREST INCOME 840,000 176,081 21% 1,100,000 2.78,441 25%
SALE OF SURPLUS EQUIP. 1,000 - 0% 5,000 1,305 26%
GAIN LOSS ON INVEST - 2,006 0% - 7,645 0%
OCEAN RGE UT TAX ADM CHG 500 217 43% . 222 0%
BAD DEBT RECOVERIES 3,000 990 33% 10,000 1,361 14%
MISCELLANEOUS INCOME 30,000 12,888 43% 10,000 24,964 250~
TRANSFER FROM 101,000 58,917 58% 101,108 58,980 58%
APPROPRIATED 4,887.153 2,850,839 58% - -
TOTAL REVENUES $35.442.653 $ 20,359,408 57% $33,312 815 $15,842,852 48%
$40,000
Two Year Cumulative Revenues
Comparison aud CFY Budget - ($
in thousauds)
$10,000
7.16)
$30,000
$20,000
$0
Oel
Nav
Dee
Jan
Feb
Mar
Apr
May
Jon
Jul
Aug
Sep
~Cumulative 08 Actual ~Cumulative 09 Actual -+- Budget2OO9l
S:\Fina
EXHIBIT D
CITY OF BOYNTON BEACH, FLORIDA
UTILITY FUND ANALYSIS
STATEMENT OF EXPENDITURES. COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended April 30, 2009 (58% of Fiscal Year)
EXPENDITURES
FY 2009 FY 2009 TO DATE FY 2008 'FY 2008 TO DATE
ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED %
APPROVED EXPENDED APPROVED EXPENDED
--,
WATER DISTRIBUTION $ 1,687,111 $ 856,651 51% $ 1,472,215 $ 969,551 66%
PUBLIC WATER TREATMENT 6,672,154 3,537,699 53% 6,118,042 3,332,052 54%
METER READING & SERVICES 1,209,520 517,409 43% 1,210,417 548,456 45%
WASTEWATER COLLECTION 1,794,768 991,460 55% 1,749,751 1,056,275 60%
WASTEWATER PUMPING STATNS 2,574,901 1,329,010 52% 2,587,611 1,356,890 52%
SEWAGE TREATMENT 4,505,000 1,722,795 38% 3,775,800 1,778,170 47%
WATER QUALITY 578,888 316,944 55% 523,507 305,851 58%
UTILITY CONSTRUCTION
UTILITY ADMINISTRATION 2,011,468 954,328 47% 1,950,265 992,536 51%
GENERAL ADMINISTRATION 5,728,886 2,906,687 51% 5,694,300 2,945,175 52%
UTI LITES ENGINEERING 1,274,598 667,699 52% 1,199,267 671,080 56%
STORMWATER MAINTENANCE 899,485 303,916 34% 931,447 426,768 46%
CUSTOMER RELATIONS 1,202,174 649,892 54% 1,217,468 674,858 55%,
DEBT SERVICE 5,304,665 3,090,643 58% 4,882,725 2,331,810 48%
RESERVES 19651 .. 0% .. .. 0%
Total Expenditures $ 35,442,653 $17,845,133 50% $33,312,815 $17,389,472 52%
$40,000
Two Year Cumulative Expenditures
Comparison and CFY Budget.. ($ in
thousands)
,35.,14,'
..
..
$10,000
I $30,000
$20,000
$0
OCI
Nov
Dec
Jan
Feh
Mar
Apr
Mav
J1111
Ju]
Aug
SC[.
~Cumulative 08 Actual
'"'*"'Cumulative 09 Actual
,-+ .., Budget 2009
S:IFinancelFinancial ReportslMonthly Financial ReportslBudget Review, UF thru Apr 09 Summarized401 Exp Sum
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VII.-CODE - LEGAL
SETTLEMENT
ITEM A.
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 April 21, 2009 April 6, 2009 (Noon) 0 June 16, 2009 June 1,2009 (Noon)
0 May 5, 2009 Apri120, 2009 (Noon) 0
0 May 19, 2009 May 4, 2009 (Noon) 0
[gJ June 2, 2009 May 18, 2009 (Noon) 0
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
[gJ Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
Juleen Jacobss v Citv of Bovnton Beach
Plaintiff Counsel: Jason Steven Dalley
RECOMMENDATION: Motion to pay settlement in the amount of$15,000.
EXPLANATION: On November 26,2007, a City employee attempted to cross Seacrest Boulevard at NE 14th where he had
a stop sign failing to yield the right of way to plaintiff's vehicle traveling southbound on Seacrest Boulevard. The collision
caused major damage to both vehicles. The Plaintiff was transported to the local emergency room. The Plaintiff suffered
injuries to neck, lower back, shoulder, left wrist and left knee injuries. The Plaintiff has required medical treatment since the
date ofthe crash. Medical expenses are presently at $29,554. The city's adjuster has negotiated a settlement with Plaintiff's
attorney and a signed release is attached. Employee was disciplined per the progressive discipline policy.
PROGRAM IMPACT: Litigation settlements and judgments of this nature are part ofthe ongoing responsibilities of the
Risk Management Department.
FISCAL IMP ACT: Settlement will be charge to the Risk Management budget expenses, account number 522-1710-519-
49.20.
AL TERNA TIVES: Failure to approve settlement will result in the claim being lit"
$IOO,O~ense trial legal costs are estim e at $30,000.
Department Head's Signature
~~
City Manager's Signature
Risk Management
~tant to City Manager ~
~~
City Attorney! Finance
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
The City of Boynton Beach, Florida
RISK MANAGEMENT DEPARTMENT
COMMISSION AGENDA MEMORANDUM
TO:
Kurt Bressner, City Manager
THRU:
Lori La V erriere, Assistant City Manager
FROM:
Pam Brown, Claims Administrator
DATE:
May 7, 2009
Juleeun Jacobs v. City of Boynton Beach
Date of Loss: November 26, 2007
Risk Management recommends the City Commission ratify the:
in the above stated manner.
SUBJECT:
RESERVES: Indemnity:
$ 50,000
X Settlement Judgement
-
Expenses: S 25.000
Final: S 15.000
Final: S 15.000
Demand: Original:
$100,000
Offer: Original:
$ 5,000
x
SETTLEMENT:
$ 15,000
NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, ill
any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom.
Current Adjustment Fees:
$ -0-
Current Legal Fees:
'i -0-
JUDGEMENT: $-
Current Adjustment Fees:
$ -
Current Legal Fees:
~
CASE NARRATIVE:
On November 26,2007, a City employee attempted to cross Seacrest Boulevard at NE 14th where
he had a stop sign failing to yield the right of way to plaintiff's vehicle traveling southbound on
Seacrest Boulevard. The collision caused major damage to both vehicles. The Plaintiff was
transported to the local emergency room. The Plaintiff suffered neck, lower back, shoulder, left
wrist and left knee injuries. The Plaintiff has required medical treatment since the date of the
crash. Medical expenses are presently at $29,554. The city's adjuster has negotiated a settlement
with Plaintiff's attorney. Employee was disciplined per the progressive discipline policy.
Cjm/Claimaut/J acobs.doc
May. 7, 2009 1:23PM Jeff O'Connor
04/28/21309 21:57 5617427227
LAW OFFICE JASON S D
5612452444
No, 5895 P. 2
PAGE 132/132
p.2
Apr 2B 09 04:26p GSIS
SETTLEMENT AND RELEASE
KNOW ALL MEN BY THESE PRESENiStbat l'I\eeun r~ tbrtbe sote ~ of
the mm 01515.000.00 paicI by the city ofBo.Ynton Beach, receipt ofwhidl ishcll'ebf BCknawledpd.
does hereby re~ aaqait 8I1d tbrewr dl8cbqe 1he Citf ofBCJ)'D'IDn Beaeh. i1I DffIcers, dirtotcrs,
afjallS, suomeys, empJoycl:s. assoeiDd compeDies, affirm. and $UbsIdialy ~ of and from
any ad eU claimJ, causes ofaction <XJS1$ aDd _aDds ofwhatever name 01' ~ and l'l1Y matter
arlsiIlg or srowiq out at orOD e=owrt of a 10M w1rid1 occu.rrecl as a ~ of accideJ.t It oruar
Boymon BeaM, Pl on o.t' about November 26, 2007.
1'HB tJNDBRS1.CJNiD ACKNOWLEDOE that the ~ sbo1m above is in full
payment tmd ~ orb claim or... ofacdOl1 desen"bed tbove and that DO Cltfur promise
bas been:rude by the City ofBaymtm ~ lIlY olitJ oftictrs, dirmors, apms. attomeys or
amployecl8, IKlG that this is a ~Iwoise settlement of any and an liability oftbe OtyofBoyntOD
BeIdl and ftI dicera, dlrectIon, apata, aUon3ey& and. ~&. and an persons who mq jo1m1y
and severally be 1fable witt 1bem. '
The undmsiped ~ to be responsible fur" :and 10 satisf; any and alllierls including
MedJcIro u.. all kacwn or ~ lieG~ and/or ~ interests. fer modlcal ncmaa't, hcakh.
care aDd :related ~ aDd ~s _ meumd by. or 011 beba1fo!dIa 'L1D&Untped, f<Ir 81y
injwies arising from,1he accident described herein ahem. The wdmign.ecl agrees to iodcm11ify.
clc(encI end hold harmless ~ from and api.tlst any and aU claims, ~ losses, costs and
~) blo1udbts ba't lIot Hmitecl to, dOI'lley's ~ arising ftom sucl1liclt. and/or aubropDc!
in'terests.
lbis release md Ibc pflYl1'I.Cnt made is not to be consCrued IS . admjssion of Jmtmil>' by ~
City of Boynton Beach, all1iabilh;y beina up~l3t denied.
SIGNED AND SIlALJ!I> 1hm 4- doy or~ 2009.
t4~;t~~ ~
Wkness:
Nofary Public~
4-~of4-:Q n'7JJfi9.
~~l~..~
(~W~}
<8
"'.,.!,'"..",',',',~,"-,
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. '
Disciplinary Memorandum
- Misconduct -
To:
From:
Jose Soto, Building Maintenance Mechanic Sr., #1517
Public works/Facilities Management
Paula Leblanc, Facilities Managmeent Supervisor
Public Works/Facilities Management
January 17, 2008
Date:
Re:
Written Counseling for Preventable Accident
This memorandum is due to your failure to use extreme care on November 26, 2007, which is a
violation of City policy and is considered an act of Misconduct. Your 1st Infraction is in violation
of the following rules regulations;
· Improper use of city equipment
On November 26, 2007, you were driving Vehicle #608 westbound across North Seacrest
Boulevard and you were struck by a southbound vehicle. In your attempt to cross five lanes of
traffic with the hazard of the road curving it was found that you impeded the other driver's right-
of-way. Your intention of taking the most direct route to RGMC was good, but you must always
take into consideration the possible safety consequences of your actions. Remember that safety
must always be our # 1 concern even if they take a few more minutes of our time.
This memorandum is being issued for your 1st infraction for Misconduct and is intended to
promote behavior that is conducive to your development and to insure the successful operation
of the City. It also serves as a warning against further repetition of the behavior mentioned and
of consequence that will follow if corrections do not occur. The disciplinary action for an
infraction considered Misconduct is normally:
1 st Infraction - Written Counseling
2nd Infraction - Written Reprimand
3'd Infraction - Written Reprimand and Suspension Without Pay
4th Infraction - Dismissal
Jose s~.. 7#'~/ ~--;r-
Paula Leblanc:, ~-~.,.>~J:-.if.." t ~ j (
Witness: iJ'_vV' q L-<-: (:/c,.z'JI.
. I r .--' '1
\J LL-t-t..=,- r. ~l)()i~;-h',!
Printed Name of Witness (must be a SupervIsor or Manager!
Date:
/// Y,"7 Y
~;L~Y
}-,{, ('(
Date:
Date:
xC:
Director of Public Works /'
Human Resources Department r/
PW Employee Performance Files
,t{('- T " "", ,r"",,' ',,'" ~,
(/ -,~ ,,"
l
l' \
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR1u
VIII.-PUBLIC HEARING
ITEM A.
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meetin\t Dates
Date Final Form Must be
Turned in to City Clerk's
Office
o A ri121, 2009
o 5,2009
o 19,2009
[gJ June 2, 2009
0 June 16, 2009
0 Ju1 7,2009
0 Jul 21,2009 Jul
0 Au ust 4, 2009 Jul
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [gJ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
[gJ Public Hearing 0
RECOMMENDATION: Please place this request on the June 2, 2009 City Commission Agenda under Public
Hearing and Legal, Ordinance First Reading. The Planning and Deyelopment Board on April 28, 2009, recommended that
the request be approved, subject to all staff conditions. For further details pertaining to this request, see attached Department
Memorandum No. 09-018.
EXPLANATION:
PROJECT:
Planned Commercial Development (PC D) Setbacks -
Accessory Fuel Pumps (CDRV 09-003)
City-initiated
Request for interim amendments to the Land Development Regulations, Chapter 2,
Zoning to create a waiver process for minimum setbacks associated with ancillary fueling
centers with Planned Commercial Development (PCD) zoning districts annexed into the
city.
AGENT:
DESCRIPTION:
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/ A
ALTERNATIVES: N/A
~.ta~
City ~anager's Signattlre
Assistant to City Manager ~
~
/
Development Department Director
~~
Planning and Zoning Director City Attorney / Finance
S:\PJanning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 09-003 & CDRV 09-004\CDRV 09-003 PCD & Cemetery Code Revisions.doc
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ORDINANCE NO. 09-
2
3
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA AMENDING LAND DEVELOPMENT
REGULATIONS, CHAPTER 2, SECTION 11,
"SUPPLEMENTAL REGlILATIONS", SUB-SECTION L
"COMMERCIAL ESTABLISHMENTS ENGAGED IN THE
RET AIL SALE OF GASOLINE OR GASOLINE
PRODUCTS", BY ADDING SUB-SECTION 4. E. TO
ALLOW ADD A WAIVER PROCESS FOR MINIMllM
SETBACKS ASSOCIATED WITH ANCILLARY FUELING
CENTERS WITHIN PLANNED COMMERCIAL
DEVELOPMENT (peD) ZONING DISTRICTS ANNEXED
INTO THE CITY; PROVIDING FOR CONFLICTS.
SEVERABILITY. CODIFICATION AND AN EFFECTIVE
DATE.
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WHEREAS, Chapter 2, Section 11, "Supplemental Regulations", Sub-Section L 4..
"Commercial Establishments Engage in the Retail Sale of Gasoline or Gasoline Products" of
the current zoning regulations allow the ancillary sale of gasoline in a Planned Commercial
Development (PCD) zoning district with a minimum separation of t\\/O hundred i 200\ feet
between any gas pump island or canopy and the adjacent right-of-way:
WHEREAS, in all other zoning districts in which the sales of gasoline is allowed, the
]9
20
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24
gasoline pump island or canopy may be located twenty (20) feet from a right-of-way: and
25
WHEREAS, staff is recommending a code amendment that would create an
26
opportunity for a waiver request of the two hundred (200) feet setback to the City Commission
27
for existing projects being annexed into the City when such regulation cannot be fully complied
with, but the intent of the Land Development Regulations is met: and
WHEREAS, the City Commission has considered statr s recommendations and reports.
and determines and finds that it would be appropriate to amend the Land Development
Regulations to reflect this addition: and
WHEREAS, the City Commission tinds that the adoption of this ordinance IS in the
best interest of the health. safety. and weltare of the citizens and residents of the Cil\ OJ
. I
S ',(,i\ \Urdmances\LDR Changes\i\mend LDR CH .2 SI-:C II (41Iliasolmc) doc
1 I
Boynton Beach.
2
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
3
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
4
Section 1.
The foregoing whereas clauses are true and correct and are now ratified
5 and confirmed by the City Commission.
6 Section 2. Chapter 2, Section II.LA. of the Land Development Regulations of the
7 City of Boynton Beach Code of Ordinances is hereby amended as follows:
8 L. COMMERCIAL ESTABLISHMENTS ENGAGED IN
9 THE RETAIL SALE OF GASOLINE OR GASOLINE
10 PRODUCTS
11
*
*
*
12
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4. As to all gasoline dispensing establishments that are
an ancillary use located or operated in or from an ancillary building
or structure within a parcel of land of not less than ten (10) acres
within a "Planned Commercial District" (PCD) governed by
Section 6.F. of the City of Boynton Beach Zoning Code, and which
gasoline dispensing establishment is operated by the person(s) or
entity(s) that operates the principal use located on such parcel of
land; and do not meet all of the requirements set forth under
Subsection 3., above, the following shall be applicable:
21
*
*
*
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23
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28
e. Waivers of provisions 4. a. thru d. above,
may be granted by the City Commission for existing
proiects annexed into the City, when the regulation cannot
be fully complied with, but where the intent of the Lad
Development Regulations is met. The application shall
-- provide iustification of the--waiverand submlt'-a mltigatWn
plan off-setting the impact.
29
30
Section 3.
Each and every other provision of the Land Development Regulations
31 not herein specifically amended, shall remain in full force and effect as originally adopted.
"'7
,)-
Section 4.
All laws and ordinances applying to the City of Boynton Beach In
33 conflict with any provisions of this ordinance are hereby repealed.
,2,
S:\CA\Ordinances\LDR ChangeslAmend LDR CH 2 SEC I I (4)(Gasoline) doc
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Section 5.
Should any sectlun or pw\'isioi1 elf this Ordinance or any pOl1lOn ! l1ell'U!
2 be declared by a court of competent jurisdiction to be invalid, such decision shall nol (111\..'<.:1 111,
3 remainder of this Ordinance.
Section 6.
Authority is hereby given to codify this Ordinance
Section 7.
This ordinance shall become effective immediately.
FIRST READING this
day of
.2009.
SECOND. FINAL READING AND PASSAGE this
day of
. ~()Ul).
ClTY OF BOYNTON BEACH. FLORIDA
Mayor -, Jerry Taylor
Vice Mayor- Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner- Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMe
City Clerk
(Corporate Seal)
S \CI\\Urdinanct's\LDR Changt'sv\mend LDR l'H 2 51::(' 11(4)(ljasol1nel lioe
..
vr
.\ ;
~f~r
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 09-018
TO:
Chair and Members
Planning & Develo~~~ard
Michael W. Rumpf/JI.. V
Director ofPlanning~aIid Zoning
Ed Breese ~
Principal Planner
April 6, 2009
Interim Amendments to the Land Development Regulations
Planned Commercial District Setbacks - Accessory Fuel Pumps (CDRV 09-003)
Funeral Home with Cemetery (CDRV 09-004)
THROUGH:
FROM:
DATE:
RE:
NATURE OF REQUEST
Pursuant to the format established by the City Commission, staff forwards those portions of the
Land Development Regulations (LDR) currently under review, as an incremental step to
updating the zoning regulations. In a few circumstances, staff has forwarded recommended
revisions to the LDR for immediate implementation. The most recent example of such interim
amendments involved the temporary display of banners for promotion of existing businesses.
These two subject amendments address the characteristics and operations associated with
properties undergoing annexation by the City. The amendments are designed to accommodate
current operations and future plans of the Sam's Club and Palm Beach Memorial Park. The two
amendments are summarized as follows; I) add Cemeteries as accessory to Funeral Homes
within the COlI1!l1unity Commercial (C-3) zoning district, on parc~ls in excess of 10 acres; and 2)
add a waiver process for minimum setbacks associated with ancillary fueling centers within
Planned Commercial Development (PCD) zoning districts annexed into the City.
BACKGROUND
The current zoning regulations allow Funeral Homes in commercial zoning districts by right.
Funeral Homes with Crematoriums are also allowed in commercial zoning districts, as a
conditional use. A Cemetery, as a principal use, is currently only allowed in the Public Usage
(PU) zoning district; however, the PU district is not intended for a privately-operated cemetery.
Staff is recommending the inclusion of cemetery use in the Community Commercial (C-3)
zoning district, as an ancillary use to a funeral home. The Palm Beach Memorial Park was an
allowable use under Palm Beach County zoning regulations and should continue as such
CDRV 09-003/CDRV 09-004
Page 2
following annexation into the City.
As part of the same annexation, the City would incorporate Sam's Club. One component of the
ultimate build-out of the property, according to Sam's Club representatives, is the development
of an accessory fuel center for it's members, similar to warehouse retailers BJ's and Coste"
According to current regulations, Part III LDR, Chapter 2, Section 11. L. 'Commercial
Establishments Engaged In The Retail Sale Of Gasoline Or Gasoline Products" the ancillary
sale of gasoline is allowed in a Planned Commercial Development (PCD) district, but with a
minimum separation of 200 feet between any gas pump island or canopy and the adjacent right-
of-way. Due to the built status of Sam's Club, the proposed pump islands and canopy cmIDot he
located 200 feet from any right-of-way without interfering with current operations and onslte
circulation. In all other zoning districts in which the sales of gasoline is allowed, the pump island
canopy may be located 20 feet from a right-of-way. The master plan submitted with the
requested annexation, land use and rezoning depicts the canopy approximately 50 feet from the
right-of-way of Seacrest Boulevard. At the time of first reading of the ordinances, staff described
the anticipated modification of the code regulations needed to accommodate the proposed
improvement, and that the requisite amendment would be timed with final approval of the
annexation and rezoning. Therefore, staff is proposing this code amendment, which would create
an opportunity for a waiver request in connection with an annexation. This would allow existing
projects annexed into the City, which cannot fully meet certain development regulations, to seek
a waiver and mitigate any potential impacts.
PROPOSED AMENDMENTS
Existing regulations:
1. Cemeteries as accessory to Funeral Homes.
Currently, the C-l (Office and Professional) zoning district includes Funeral Homes as a
permitted use and as a conditional use when it includes a Crematorium. The corresponding
citations are as following:
. Section 6.A.I.c. - Funeral Homes
. Section 6.A.I.d. - Funeral Homes with Crematorium *
(*conditional use)
Note: Any use allowed in the C-I district is allowed in the C-3 district as well.
2. Minimum setbacks for accessory fuel pumps.
Currently, the Supplemental Regulations, Section 11. L. 4.a.(c) outlines the development
standards for "Commercial Establishments Engaged In The Retail Sale Of Gasoline Or Gasoline
Products ", and in particular, the distance the pump island canopy may be from a right-of-way.
The LDR currently reads as follows:
· Section 11. L. 4.a.(4)(c) - No gasoline pump island or canopy shall be located less than
two hundred (200) feet from any public right-of-way.
CORY 09-003/CORV 09-004
Page 3
Proposed regulations:
Staff proposes to amend the regulations governing cemeteries, currently allowed only in the
Public Usage (PU) zoning district and also gasoline dispensing establishments, when proposed as
an ancillary use to a principal use in the Planned Commercial Development (PCD) district, in
order to adequately accommodate Sam's Club and the Palm Beach Memorial Park upon their
annexation into the City. The proposed amendments are as follows:
1. Amend the Community Commercial (C-3) district regulations to ADD a new use to be
described as follows:
. Section 6. C. I.HR. - Funeral Homes with Cemetery, on parcels in excess of 10 acres:
and,
2. Amend the Supplement Regulations, and in particular, "Commercial Establishments
Engaged In The Retail Sales Of Gasoline Or Gasoline Products" regulations to ADD:
. Section 11. L. 4.a.(4)(e) - Waivers of provisions 4.a. (a) thru (d) above, may be granted
by the City Commission for existing projects annexed into the City, when the regulation
cannot be fully complied with, but where the intent of the LDR is met. The applicant
shall provide justification of the waiver and submit a mitigation plan off-setting the
impact.
RECOMMENDATION
Staff recommends the proposed amendments consistent with the action to annex the subject
parcels and move forward toward squaring off the City boundary, while preserving the intent and
quality of the City's LDR. As such, staff recommends that the proposed amendments to Land
Development Regulations be approved.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEWlCDRV 09-003 & CDRV 09-004\CDRV 09-00e.CDRV 09-004 Setbacks, Funeral Home
w Cemetery. doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
April 28, 2009
operations and future plans of the Sam's Club and Palm Beach Memorial Park, both of
which are being annexed into the City. The properties are located south of Hypoluxo Road.
The first amendment was to add Cemetery as an accessory use in the C-3 Commercial
Zoning District in parcels in excess of 10 acres. Palm Beach Memorial Park is being
rezoned to C-3, which allows funeral homes by right. Cemeteries were only allowed in the
public usage zoning district and were not intended for a privately operated Cemetery, only
publicly operated ones. Palm Beach Memorial Park was an allowable use under Palm
Beach County zoning regulations and staff recommended that once annexed into the City
they remain an allowable use,
C. Interim Amendment to the Land Development Regulations:
Planned Commercial Development (PCD) Setbacks-Accessory Fuel Pumps
Code Review
1. PROJECT:
AGENT:
DESCRIPTION:
Planned Commercial Development (PCD)
Setbacks-
Accessory Fuel Pumps (CDRV 09-003)
City-initiated
Request for interim amendments to the Land
Development Regulations, Chapter 2, Zoning to
create a waiver process for minimum setbacks
associated with ancillary fueling centers with
Planned Commercial Development (PCD) zoning
districts annexed into the City.
Sam's Club is being incorporated into the City and rezoned to a Planned Commercial
Development (PCD). One component of Sam's Club was to have a fuel center for their
members. Ancillary fueling centers are allowed in the PCD as accessory uses, but there is
a condition the pump island canopy be located a minimum of 200 feet from an adjacent
right of way. In this instance, due to the constructed nature of the site, that cannot be
accommodated without interrupting current operations or traffic circulation. At the time of
the annexation, the master plan showed the canopy 50 feet from Seacrest Boulevard and
staff noted a change to the Code would have to be made to accommodate the proposal.
An amendment would be needed and approved at the time of final approval for the
annexation and the rezoning.
Staff was proposing to allow existing projects into the City that cannot fully meet all the
regulations of the Planned Commercial Districts to seek a waiver and with their best efforts
to mitigate any potential impacts. The applicants would seek a waiver at the City
Commission meetings. In typical zoning districts, pump-island canopies can be 20 feet
from a right of way, and the PCD requires 200 feet and the applicant would request 50 feet.
Staff recommended approval of both of the amendments consistent with the action to
annex the properties and square off the city boundaries without harming the current Land
Deveiopment Regulations.
10
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
April 28, 2009
Motion
Ms. Barritt moved approval of interim amendment to the Land Development Regulations,
Chapter 2, Zoning to allow Funeral Homes with Cemetery in the Community Commercial
(C-3) zoning district, on parcels in excess of 10 acres. Mr, Myott seconded the motion that
unanimously passed.
Motion
Ms. Barritt moved to approve an the interim amendments to the Land Development
Regulations, Chapter 2, Zoning to create a waiver process for minimum setbacks
associated with ancillary fueling centers with Planned Commercial Development (PCD)
zoning districts annexed into the City. Ms. Grcevic seconded the motion that unanimously
passed.
8. Other
Chair Jaskiewicz reminded the members the Board Appreciation Dinner was May 7.2009
and members should respond.
9. Comments by members
10. Adjournment
Motion
There being no further business to discuss, the meeting properly adjourned at 8:04 p.m.
';/;ILJ~, I/J"'Lj
--.J.JU=NULVR ~ '
Catherine Cherry
Recording Secretary
042909
11
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\J.
VIII.-PUBLIC HEARING
ITEM B."
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to Citv Clerk's
Office
0 A ri121, 2009
0 Ma 5,2009
0 Ma 19,2009
[gJ June 2, 2009
0 June 16,2009
0 Jul 7,2009
0 Jul 21,2009
0 Au ust 4, 2009
June 1, 2009 oon
June 15,2009 (Noon
Ju1
Jul
0 Announcements/Presentations 0 City Manager's Report
NA TURE OF 0 Administratiye 0 New Business
AGENDA ITEM 0 Consent Agenda [gJ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
[gJ Public Hearing 0
RECOMMENDATION: Please place this request on the June 2, 2009 City Commission Agenda under Public
Hearing and Legal, Ordinance First Reading. The Planning and Development Board on April 28, 2009, recommended that
the request be approved, subject to all staff conditions. For further details pertaining to this request, see attached Department
Memorandum No. 09-018.
EXPLANATION:
PROJECT:
AGENT:
DESCRIPTION:
Funeral Home with Cemetery (CDRV 09-004)
City-initiated
Request for interim amendment to the Land Development Regulations, Chapter
2, Zoning to allow Funeral Homes with Cemetery in the Community Commercial
(C-3) zoning district, on parcels in excess of 10 acres.
PROGRAM IMPACT: N/A
FISCAL IMP ACT: N/ A
ALTERNATIVES: N/A
~
/ Development Department Director
~~~
City Manager's Sig~ture
Assistant to City Manager ~
Planning and Zoning Director City Attorney / Finance
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 09-003 & CDRV 09-004\CDRV 09-003 PCD & Cemetery Code Revisions.doc
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S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
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I:
ORDINANCE NO. 09-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA AMENDING LAND DEVELOPMENT
REGULATIONS, CHAPTER 2, SECTION 6(C) "C-3
COMMUNITY COMMERCIAL DISTRICT", BY ADDING
SUB-SECTION (C)(I)(HH) TO ALLOW THE INCLUSION
OF CEMETERY USE IN THE COMMUNITY
COMMERCIAL (C-3) ZONING DISTRICT AS A~
ANCILLARY USE TO A FUNERAL HOME ON PARCELS
IN EXCESS OF TEN (10) ACRES; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS. the current zoning regulations allow Funeral Homes In Office and
Professional Commercial (C -] ) zoning districts by right; and
WHEREAS, Funeral Homes \vith Crematoriums are allo\ved in Office and Professional
Commercial (C-] ) zoning districts, as a conditional use; and
WHEREAS, a Cemetery. as a principal use. is currently only allowed in Public Usage
(PU) zoning district; and
WHEREAS, statf is recommending the inclusion of cemetery use in the Community
Commercial (C-3) zoning district. as an ancillary use to a funeral home on parcels in excess of
ten (10) acres: and
WHEREAS, the City Commission has considered staffs recommendations and rep0l1s.
and determines and finds that it would be appropriate to amend the Land Development
Regulation to reflect this addition; and
WHEREAS, the City Commission finds that the adoption of this ordinance is in the
best interest of the health. safety. and welfare of the citizens and residents of the City ot
Boynton Beach.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
] '
S \l'AIUrdlnances\LDR. ChangeslAmend LDR CH 2 SF,' hlCllCemelery I d"c
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2
Section 1.
The foregoing whereas clauses are true and correct and are now ratified
3 and confirmed by the City Commission.
4
Section 2.
Chapter 2, Section 6C of the Land Development Regulations of the City
5 of Boynton Beach Code of Ordinances is hereby amended as follows:
6 C. C-3 COMMUNITY COMMERCIAL DISTRICT. These
7 district regulations are to encourage the development of
8 appropriate intensive retail commercial facilities providing a wide
9 range of goods and services, located centrally and accommodating
10 three (3) or four (4) neighborhoods and located adjacent to at least
11 one major thoroughfare.
12
*
*
*
13
14
15
16
hh. Cemeteries as accessory to Funeral Homes on parcels In
excess often (10) acres.
Section 3.
Each and every other provision of the Land Development Regulations
17 not herein specifically amended, shall remain in full force and effect as originally adopted.
18
Section 4.
All laws and ordinances applying to the City of Boynton Beach In
19 conflict with any provisions of this ordinance are hereby repealed.
20
Section 5.
Should any section or provision of this Ordinance or any portion thereof
21 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
22 remainder of this Ordinance.
23
Section 6.
Authority is hereby given to codify this Ordinance
24
Section 7.
This ordinance shall become effective immediately.
25
26
FIRST READING this _ day of
,2009.
- 2,
S:\CA\Ordinances\LDR Changes\Amend LDR CH 2 SEC 6(C)(Cemetery),doc
SECOND. FINAL READINC; AND PASSAGE this
du\ or
Iii Ii,
2
3
CITY OF BOYNTON BEACH, FLORIDA
4
5
6
7
8
9
10
1 ]
12
Mayor-Jerry Taylor
Vice Mayor - Woodrow L Hay
Commissioner - Ronald Weiland
13
14
15
16
]7
]8
]9 ATTEST:
20
2]
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
')~
~.J
Janet M. Prainito. CMC
City Clerk
22
24
25
26 (Corporate Seal)
27
28
29
S 'CA\()rdinancesILDR Changes\Amend LDR CH 2 SI-C olCHCemcten Idol
(('7
~(,
\\
1',''''-
U'
DEPARTMENT OF DEVELOPMENT
PLANNING A.ND ZONING
Memorandum PZ 09-018
DATE:
RE:
Chair and Members
Planning & Develo~~~ard
Michael W. RumpfLJ/. V
Director of Planning "'arid Zoning
Ed Breese ~
Principal Planner
April 6, 2009
Interim Amendments to the Land Development Regulations
Planned Commercial District Setbacks - Accessory Fuel Pumps (CDRV 09-003)
Funeral Home with Cemetery (CDRV 09-004)
TO:
THROUGH:
FROM:
NATURE OF REOUEST
Pursuant to the format established by the City Commission, staff fornrards those portions of the
Land Development Regulations (LDR) currently under review, as an incremental step to
updating the zoning regulations. In a few circumstances, staff has fornrarded recommended
revisions to the LDR for immediate implementation. The most recent example of such interim
amendments involved the temporary display of banners for promotion of existing businesses.
These two subj ect amendments address the characteristics and operations associated with
properties undergoing annexation by the City. The amendments are designed to accommodate
current operations and future plans of the Sam's Club and Palm Beach Memorial Park. The two
amendments are summarized as follows; l) add Cemeteries as accessory to Funeral Homes
within the Community Commercial (C-3) zoning district, on parcels in excess of 10 acres; and 2)
add a waiver process for minimum setbacks associated with ancillary fueling centers within
Planned Commercial Development (PCD) zoning districts annexed into the City.
BACKGROUND
The current zoning regulations allow Funeral Homes in commercial zoning districts by right.
Funeral Homes with Crematoriums are also allowed in commercial zoning districts, as a
conditional use. A Cemetery, as a principal use, is currently only allowed in the Public Usage
(PU) zoning district; however, the PU district is not intended for a privately-operated cemetery.
Staff is recommending the inclusion of cemetery use in the Community Commercial (C-3)
zoning district, as an ancillary use to a funeral home. The Palm Beach Memorial Park was an
allowable use under Palm Beach County zoning regulations and should continue as such
CDRV 09-003/CDRV 09-004
Page 2
following annexation into the City.
As part of the same annexation, the City would incorporate Sam's Club. One component of the
ultimate build-out of the property, according to Sam's Club representatives, is the development
of an accessory fuel center for it's members, similar to warehouse retailers BJ's and Costel'
According to current regulations, Part III LDR, Chapter 2, Section 11. L, qCommerclili
Establishments Engaged In The Retail Sale Of Gasoline Or Gasoline Products" the ancillar,\
sale of gasoline is allowed in a Planned Commercial Development (PCD) district, hut with d
minimum separation of 200 feet between any gas pump island or canopy and the adjacent right
of-way. Due to the built status of Sam's Club, the proposed pump islands and canopy cannot be
located 200 feet from any right-of-way without interfering with current operations and onsile
circulation. In all other zoning districts in which the sales of gasoline is allowed, the pump island
canopy may be located 20 feet from a right-of-way. The master plan submitted with the:
requested annexation, land use and rezoning depicts the canopy approximately 50 feet from the
right-of-way of Seacrest Boulevard. At the time of first reading of the ordinances, staff described
the anticipated modification of the code regulations needed to accommodate the proposed
improvement, and that the requisite amendment would be timed with final approval of the:
annexation and rezoning. Therefore, staff is proposing this code amendment, which would create
an opportunity for a waiver request in connection with an annexation. This would allow existmg
projects annexed into the City, which cannot fully meet certain development regulations. to seek
a waiver and mitigate any potential impacts.
PROPOSED AMENDMENTS
Existing regulations:
1. Cemeteries as accessory to Funeral Homes.
Currently, the C-l (Office and Professional) zoning district includes Funeral Homes as a
permitted use and as a conditional use when it includes a Crematorium. The corresponding
citations are as following:
. Section 6.A.l.c. - Funeral Homes
. Section 6.A.l.d. - Funeral Homes with Crematorium*
(*conditional use)
Note: Any use allowed in the C-l district is allowed in the C-3 district as well.
2. Minimum setbacks for accessory fuel pumps.
Currently, the Supplemental Regulations, Section 11. L. 4.a.( c) outlines the development
standards for "Commercial Establishments Engaged In The Retail Sale Of Gasoline Or Gasoline
Products ", and in particular, the distance the pump island canopy may be from a right-of-way.
The LDR currently reads as follows:
. Section 11. L. 4.a.(4)(c) - No gasoline pump island or canopy shall be located less than
two hundred (200) feet from any public right-of-way.
CDRV 09-003/CDRV 09-004
Page 3
Proposed regulations:
Staff proposes to amend the regulations governing cemeteries, currently allowed only in the
Public Usage (PU) zoning district and also gasoline dispensing establishments, when proposed as
an ancillary use to a principal use in the Planned Commercial Development (PCD) district, in
order to adequately accommodate Sam's Club and the Palm Beach Memorial Park upon their
annexation into the City. The proposed amendments are as follows:
1. Amend the Community Commercial (C-3) district regulations to ADD a new use to be
described as follows:
· Section 6. C. I.HR. - Funeral Homes with Cemetery, on parcels in excess of 10 acres:
and,
2. Amend the Supplement Regulations, and in particular, "Commercial Establishments
Engaged In The Retail Sales Of Gasoline Or Gasoline Products" regulations to ADD:
· Section 11. L. 4.a.(4)(e) - Waivers of provisions 4.a. (a) thru (d) above, may be granted
by the City Commission for existing projects annexed into the City, when the regulation
cannot be fully complied with, but where the intent of the LDR is met. The applicant
shall provide justification of the waiver and submit a mitigation plan off-setting the
impact.
RECOMMENDATION
Staff recommends the proposed amendments consistent with the action to annex the subject
parcels and move forward toward squaring off the City boundary, while preserving the intent and
quality of the City's LDR. As such, staff recommends that the proposed amendments to Land
Development Regulations be approved.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 09-003 & CDRV 09-004\CDRV 09-00e.CDRV 09-004 Setbacks, Funeral Home
w Cemetery. doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
April 28, 2009
Mr. Myott moved to deny the time extension for the project. Ms. Killian seconded the
motion.
Mr. Saberson disclosed his son lives in the affected area. He consulted with Attorney
Alexander who indicated he did not need to abstain, only to make the declaration
Mr. DeSimone acknowledged the situation but he was caught in the middle. He owned the
property for 14 years and he was trying to develop it. He advised the loading bays were
non-existent as the property is long and narrow, and not conducive to a tractor-trailer.
When he first received site plan approval, the Board recommended a study based on
eliminating a few homes and entering through a north route. In time, the route was
deemed inappropriate. The southern route was fairly new. They approached him eight or
nine months ago about it and said he would consider it and he was open to suggestions
The project was fine. The problem was the roads to it, and he has no control over them
He was willing to sit down with engineers and he was not opposed to anything. As a father
and grandfather, he also advised he did not want anyone to get hurt
Vote
A roll call vote was taken and the motion failed 3-4 (Chair Jaskiewicz, Mr. Barnes, Ms,
Grcevic and Ms. Barritt dissenting.)
Motion
Mr. Barnes moved to approve the site plan extension subject to all the previous conditions
and subject to the condition that the developer seriously explore the southern access route.
Ms. Grcevic seconded the motion. A roll call vote was taken and th~ motion passed 4 to 3
(Vice Chair Saberson, Ms. Killian and Mr. Myott dissenting.)
Mr. Breese requested the following two items be heard together and action taken by two
separate motions at the end.
B. Interim Amendment to the land Development Regulations:
Funeral Home with Cemetery as allowed use in C-3 Zoning District
Code Review
1. PROJECT:
AGENT:
DESCRIPTION:
Funeral Home with Cemetery (CDRV 09-004)
City-initiated
Request for interim amendment to the Land
Development Regulations, Chapter 2, Zoning to
allow Funeral Homes with Cemetery in the
Community Commercial (C-3) zoning district, on
parcels in excess of -10 acres.
Mr. Breese advised both amendments are intended to accommodate the current
9
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
April 28, 2009
operations and future plans of th~ Sam's Club and Palm Beach Memorial Park, both of
which are being annexed into the City. The properties are located south of Hypoluxo Road.
The first amendment was to add Cemetery as an accessory use in the C-3 Commercial
Zoning District in parcels in excess of 10 acres. Palm Beach Memorial Park is being
rezoned to C-3, which allows funeral homes by right. Cemeteries were only allowed in the
public usage zoning district and were not intended for a privately operated Cemetery, only
publicly operated ones. Palm Beach Memorial Park was an allowable use under Palm
Beach County zoning regulations and staff recommended that once annexed into the City,
they remain an allowable use.
C. Interim Amendment to the Land Development Regulations:
Planned Commercial Development (PCD) Setbacks-Accessory Fuel Pumps
Code Review
1. PROJECT:
AGENT:
DESCRIPTION:
Planned Commercial Development (PCD)
Setbacks-
Accessory Fuel Pumps (CDRV 09-003)
City-initiated
Request for interim amendments to the Land
Development Regulations, Chapter 2, Zoning to
create a waiver process for minimum setbacks
associated with ancillary fueling centers with
Planned Commercial Development (PCD) zoning
districts annexed into the City.
Sam's Club is being incorporated into the City and rezoned to a Planned Commercial
Development (PCD). One component of Sam's Club was to have a fuel center for their
members. Ancillary fueling centers are allowed in the PCD as accessory uses, but there is
a condition the pump island canopy be located a minimum of 200 feet from an adjacent
right of way. In this instance, due to the constructed nature of the site, that cannot be
accommodated without interrupting current operations or traffic circulation. At the time of
the annexation, the master plan showed the canopy 50 feet from Seacrest Boulevard and
staff noted a change to the Code would have to be made to accommodate the proposal.
An amendment would be needed and approved at the time of final approval for the
annexation and the rezoning.
Staff was proposing to allow existing projects into the City that cannot fully meet all the
regulations of the Planned Commercial Districts to seek a waiver and with their best efforts
to mitigate any potential impacts. The applicants would seek a waiver at the City
Commission meetings. In typical zoning districts, pump-island canopies can be 20 feet
from a right of way I and the PCD requires 200 feet and the applicant would request 50 feet.
Staff recommended approval of both of the amendments consistent with the action to
annex the properties and square off the city' boundaries without harming the current Land
Development Regulations.
10
VIII.-PUBLIC HEARING
ITEM C.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOAA.
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
0 A ri121, 2009
0 Ma 5,2009
0 Ma 19,2009
[gJ June 2, 2009
o June 16, 2009
June 1,2009 (Noon)
NATURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
o Consent A enda
o
[gJ Public Hearin
o
o
o Le al
o Unfinished Business
o
Jul
7,2009
21,2009
Jul
RECOMMENDATION: Please place this request on the June 2, 2009 City Commission Agenda under Public
Hearing. The applicant has requested an expedited review due to their need to have all of the improvements in place for the
beginning of the school year. The Planning and Development Board on May 26, 2009, recommended that this request be
approved, subject to staff comments. For further details pertaining to this request, see attached Department Memorandum
No. 09-026.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Calvary Chapel (MPMD 09-001)
David Frank of Precision Drafting & Design
Calvary Chapel of Boynton Beach, Inc.
3190 Hypoluxo Road
Request for approval of a modification of the approved campus master plan increasing the
number of project phases from four to six to include the addition of an interim (temporary
modular) school facility and a maintenance building, and updating the project build-out
schedule.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
Development Dep
Assistant to City Manager
Planning and Zoning Director City Attorney I Finance
S:\Planning\SHAREDlWP\PROJECTS\Calvary Chapel Boynton Beach\Agenda Item Request Calvary Chapel MPMD 09-001 6-2-09.doc
/0
./
----
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 09-026
STAFF REPORT
FROM:
Chair and Members
Planning & Developrl)ef'1t Board
,'- ",~/
Michael Rumpf..;j~,~
Planning and Zoning Director
Ed Breese ~
Principal Planner
TO:
THRU:
DATE:
May 7, 2009
PROJECT NAME/NO:
Calvary Chapel Phase II MPMD 09-001/ NWSP 09-002
REQUEST:
Master Plan Revision and New Site Plan
PROJECT DESCRIPTION
Property Owner: Calvary Chapel of Boynton Beach, Inc.
Applicant: George Marse of Calvary Chapel of Boynton Beach, Inc.
Agent: David Frank of Precision Drafting & Design
Location: 3190 Hypoluxo Road (Exhibit "A" - Location Map)
Existing Land Use: Moderate Density Residential (MoDR)
Existing Zoning: Planned Unit Development (PUD)
Proposed Uses
Master Plan:
Church & Daycare:
Temporary Classroom:
Recreation Room & Garage:
Elementary School:
Church Expansion:
Congregate Living Facility
21,250 square feet
2,200 square feet
2,500 square feet
45,000 square feet
3,000 square feet
16,000 square feet (48 beds)
Phase II:
Temporary Classroom:
2,200 square feet
Acreage:
8.842 acres
Adjacent Uses:
North:
Right-of-way of LWDD L-18 Canal, then right-of-way of Hypoluxo Road and
single-family residential in unincorporated Palm Beach County;
Staff Report - Calvary Chapel Phase II (MPMD 09-001/NWSP 09-002)
Memorandum No PZ 09-026
Page 2
South:
Multi-family residential (Meadows on the Green Condominiums), classified Low
Density Residential (LDR) and zoned Planned Unit Development (PUD);
East:
Multi-family residential (Meadows on the Green Condominiums), classified Low
Density Residential (LDR) and zoned Planned Unit Development (PUD); and
West:
Freedom Shores Elementary School, classified Moderate Density Residential
(MoDR) and zoned Single-family Residential (R-1).
MASTER PLAN
Proposal:
Calvary Chapel of Boynton Beach, Inc. is requesting that the Master Plan for the
Church campus be modified to accommodate a temporary modular classroom
building under Phase II, with the ultimate three-story classroom building being
constructed as part of Phase IV. The Church representative indicates the temporary
classroom building is planned to operate for approximately three (3) years until
there are sufficient funds to construct the permanent classroom building.
The proposed new Master Plan consists of six (6) phases. The first phase, approved
in 2001, is the constructed church and accessory daycare (see Exhibit "B" - Master
Plan). Phase II is proposed as a temporary 2,200 square foot modular classroom
building. Phase III, which the applicant hopes to begin shortly after approval of
Phase II, is a 2,100 square foot addition to the church building to accommodate
youth recreation programs, and a 400 square foot garage structure. Phase IV, is
intended to be the construction of the permanent three (3) story, 45,000 square
foot classroom building. Phase V is intended to be a 3,000 square foot sanctuary
expansion, and Phase VI would be a two (2) story, 16,000 square foot, 48 bed
Congregate Living Facility. The associated site plan (NWSP 09-002) depicts the
2,200 square foot temporary modular classroom building being placed within the
proposed footprint of the ultimate classroom building contemplated in Phase IV.
Chapter 2.5, Planned Unit Development, of the City's Land Development Regulations
states that changes in planned unit developments shall be processed through the
Planning and Development Board and City Commission.
ANALYSIS
The current Master Plan is comprised of four (4) phases, which consist of the
Church and accessory daycare in Phase I (since constructed), the 45,000 square
foot classroom building in Phase II, the 48 bed Congregate Living Facility in Phase
III and the 3,000 square foot sanctuary expansion in Phase IV. Due to changes in
the needs of the church and financial considerations, the ultimate build out of the
site is proposed to be spread across six (6) phases, with the temporary inclusion of
a modular classroom building for up to four (4) classes, and additions of a small
garage and youth recreation room.
Staff Report - Calvary Chapel Phase II (MPMD 09.001/NWSP 09-0021
Memorandum No PZ 09.026
Page 3
This request was reviewed for consistency with the P.U.D. development standards in
the Land Development Regulations, Chapter 2.5, Planned Unit Developments. The
proposed request to modify the Master Plan appears relatively consistent with the
previously approved plan and retains the setbacks originally established with the
PUD rezoning. Each individual phase site plan will require separate review and
approval, as the necessary level of detail has only been provided previously for
Phase I and now, Phase II.
Based on the non-impactful nature of the proposed modifications and construction
phases, staff finds the request justified and recommends approval of the proposed
Master Plan Modification. The more detailed aspects of the design and
characteristics of the site plan itself are described under the site plan review section
below.
NEW SITE PLAN
Proposal:
The Calvary Chapel site consists of approximately 8.8 acres on the south side of
Hypoluxo Road, west of Congress Avenue. The first phase of the project, consisting
of the church and accessory daycare, has been constructed, along with nearly all of
the infrastructure and parking. All of the necessary infrastructure improvements
associated with the current Phase II (i.e. the permanent three (3) story, 45,000
square foot classroom building) is in place, including the parking area, drop off and
sidewalk. The proposed Phase II modular classroom has been situated within the
footprint of the larger classroom building, which would become part of Phase IV. in
the proposed Master Plan.
ANALYSIS
Concurrency:
Traffic: An updated traffic study is being prepared for the new classroom building, to be
reviewed by Palm Beach County Traffic Engineering. Since we have not received a
letter of concurrency approval from Palm Beach County, no building permits are to
be issued until the Palm Beach County Traffic Division approves the study for traffic
concurrency purposes (see Exhibit "C" - Conditions of Approval).
Drainage: Conceptual drainage information was provided for the City's review. The
Engineering Division is recommending that the review of specific drainage solutions
be deferred until time of permit review (see Exhibit "C" - Conditions of Approval).
School: This project is exempt from the schoo! concurrency requirements of Palm Beach
County.
Driveways: The site plan shows that the site has only one (1) entrance, that being from a 45
foot driveway off of Hypoluxo Road and over the LWDD L-18 Canal. There is one
(1) 14.5 foot ingress lane and two (2) 11 foot egress lanes, with an 8.5 foot
landscape island in between
Staff Report - Calvary Chapel Phase II (MPMD 09-001/NWSP 09-002)
Memorandum No PZ 09-026
Page 4
Parking Facility: Off-street parking proposed within the development must meet the requirements in
Chapter 2, Section 1l.H. of the Boynton Beach Land Development Regulations.
The project proposes a mix of different uses, including the church, daycare, school,
and congregate living facility. Per the proposed Master Plan, 253 parking spaces
would be provided at build out, while 251 spaces would be required at maximum
periods (Sundays & Wednesdays), or an excess of two (2). A weekday and
weekend calculation was performed to determine the peak demand under each
scenario. On Sundays and Wednesdays, the total demand, due to church services,
is projected at the 251 spaces needed, as noted above. However, during the rest of
the week, the demand is only 132 parking spaces. In the completed Phase I
construction, 179 of the 253 parking spaces were constructed, while only 172 of the
spaces were required to meet the peak (Sunday & Wednesday) requirements for
the church and daycare. The balance of the parking spaces would need to be
constructed beginning with Phase IV in order to accommodate the demand
projected in the proposed Master Plan.
As for Phase II, the 2,200 square foot temporary modular classroom building would
require a total of five (5) parking spaces, based upon the one (1) space per 500
square feet of classroom area. Since the school would not operate on Wednesday
evenings or Sundays, the parking demand for this building can easily be
accommodated in the 179 existing parking spaces.
Landscaping:
The Site Plan tabular data (Sheet SP-2) indicates that the proposed pervious area,
with the construction of Phase II, would equal 46.38% of the site. The Landscape
Calculations (Sheet L) indicates the subject site currently contains 193 trees along
the perimeter, right-of-way and parking areas, Due to storm events and dead
material, the number of trees around the existing site improvements is deficient by
38 trees. The applicant proposes to replace the missing material with 16 Live
Oaks, 4 Pink Tabebuias, 7 Yellow Elders, 9 Sabal Palms and 2 Montgomery Palms.
The proposed landscape plan plant list for foundation planting around the Phase II
modular classroom building indicates the installation of 6 new canopy trees, 551
shrub and groundcover plants, including Cocoplum, Plumbego, Simpson Stopper
and Japanese Blueberry. According to the plant list, 85% of the canopy trees and
82% of the palm trees associated with the Phase II project would be native, while
99% of the shrubs and groundcover are proposed to be native.
The foundation plantings are intended to assist in the screening of the modular
classroom building from the condominiums to the east and south. Staff
recommends that additional plant material in the six (6) to eight (8) foot high range
be planted in clusters along the east side of the building to help fill in those gaps
between the four (4) foot high hedge and twelve (12) foot tall trees. Staff also
recommends the placement of additional Montgomery Palms along the west side of
the modular building, to adequately fill in the space between the sidewalk and
fa<;;ade (see "Exhibit C" - Conditions of Approval).
Staff Report - Calvary Chapel Phase II (MPMD 09-001/NWSP 09-002)
Memorandum No PZ 09-026
Page 5
Building and Site: This Phase II site plan proposes a 2,200 square foot modular classroom building
situated within the footprint of the future three (3) story, 45,000 square foot
classroom building. The applicant indicates that the modular structure is intended
as a temporary space to begin their own school program, and should only be
needed for three (3) years, at which time they believe they will be in a position to
fund the permanent building. The subject parcel is located on the back portion of
the site, just south of the church building. The temporary classroom is a modular
building proposed to be divided into four (4) classrooms, with four (4) separate
entry doors, facing west toward the parking lot behind the church. This parking
area was designed in a loop configuration to accommodate student drop-off/pick-
up. The PUD zoning district allows for a maximum building height of 45 feet, and
the elevations (Sheet A2.01) depict the height of the modular building at 10' - 8/1.
Design: The elevations (Sheet A2.01) indicate the exterior colors of the modular building
are as follows:
Main Body:
Secondary:
Accent:
Trim:
Creamy Yellow
Pale Yellow
Grayish Green
White
Porter Formula by Porter Paints
Porter Formula by Porter Paints
Hemlock Green by Porter Paints
Porter White by Porter Paints
The majority of the body of the building would be painted the creamy yellow color,
to match the remainder of the church buildings. The other selected colors are also
represented on the existing church buildings, in an effort to make the appearance
of the temporary structure conform appropriately.
Signage:
The originally approved sign for the church was the church name, in individual
letters, placed on a perimeter site wall facing Hypoluxo Road, on the west side of
the entrance. With Phase II, the applicant is proposing an eight (8) foot tall by 10
foot wide monument sign, which would provide adequate space to identify the
other operations (i.e. daycare and school) and allow the opportunity to have
manual changeable copy area, to make necessary announcements. The sign is
proposed to contain 32 square feet of copy area, the maximum allowed in the PUD
zoning district, with the copy area being white and the lettering color designated as
Hemlock Green, the accent color on the buildings. The balance of the sign will be
painted the creamy yellow that is utilized as the main body color of all buildings on
site. The proposed placement of the sign is parallel to Hypoluxo Road, along the
north property line and east of the entrance drive. No signage is proposed on the
modular classroom.
Staff Report - Calvary Chapel Phase II (MPMD 09-001/NWSP 09-002)
Memorandum No PZ 09-026
Page 6
CONCLUSIONS AND RECOMMENDATION:
Staff is concurrently processing a master plan modification and new site plan application to accommodate
the Church's desire to temporarily place a modular classroom building on the site, add components to the
site not originally contemplated and adjust the phasing of the site build out. Staff has reviewed these
two requests and recommends approval, contingent upon all items noted within Exhibit"C" - Conditions of
Approval. Any additional conditions recommended by the Board or City Commission shall be documented
accordingly in the Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Calvary Chapel Boynton Beach\MPMD & NWSP Staff Report.doc
EXHIBIT "A" - SITE LOCATION MAP
CALVARY CHAPEL NWSP 09-002
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AEV1BION NCRTH
EXHIBIT "C"
Conditions of Approval
Project name: Calvary Chapel
File number: NWSP 09-002 MPMD 09-001
Reference: 2nd review plans identified as a New Site Plan with an April 28, 2009 Planning & Zoning date stamp
ki
mar ng.
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. No utility plan was included with this submittal; therefore the Utilities
Department considers this plan incomplete as submitted. However, this
project is an existing site located within the Utilities' service area, and is X
located where utility support is available. Additional comments may be
generated after a utility plan has been submitted and reviewed.
2. A building permit for this project shall not be issued until this Department
has approved the plans for the water and/or sewer improvements required to
service the proposed classroom trailer, in accordance with the CODE, X
Section 26-15.
3. Appropriate backflow preventer(s) will be required on the domestic water
service to the building, and the fire sprinkler line if there is one, in
accordance with the CODE, Section 26-207. X
FIRE
Comments: None X
.POLICE
Comments: None X
ENGINEERING DIVISION
Condltions of Approva I
1
I !
DEPARTMENTS INCLUDE I REJECT
Comments: None i
I
BUILDING DIVISION I i
! !
Comments: i
4. Please note that changes or revisions to these plans may generate additional !
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments X
may not be generated by the commission and at permit review. I
i
5. At time of permit review, indicate on the plans that all construction work ! !
(excluding the DCA approval of the modular buildings factory construction) I
!
will comply with the 2007 Florida Building Codes (FBC). i X
6. At time of permit review, submit signed and sealed working drawings of the I
proposed construction, including the monument sing to be constructed on X
the north end of the property. I .-- --
7. At time of permit review, add a general note to the site plan that all plans !
submitted for permitting shall meet the City's codes and the applicable X
building codes in effect at the time of permit application.
:
8. Pursuant to approval by the City Commission and all other applicable !
agencies, the plans for this project must be submitted to the Building
Division for review at the time of permit application submittal. The plans X
must incorporate all the conditions of approval as listed in the development
order and approved by the City Commission.
~I
9. At time of permit review, provide lighting photo metrics for the existing site ,
"
lighting and parking lot adjacent to the proposed modular buildings. X Ii
10. Show details of required accessible ramps. Provide details of the materials 11
foundations, framing, slopes, cross-slopes and landing sizes of the ramps.
Show details of any proposed or existing curb ramps and detectable X
warnings. Show details of the railing system to be attached to the ramps. ii
Provide elevations of the ramps to show compliance with the FBC'. I !
11. Show location of connection points for the required water and sanitary ! i!
sewer for the modular buildings. Show location of the laterals and pipe size
and material. Provide for the separation of the building underground water X
and sewer services with at least 5 feet of undisturbed or compacted earth, or
in accordance with one of the exceptions provided by the 2007 Florida
Building Code, Plumbing. I ~i
12. At time of permit review, show details of the foundation system to be I ~ !
installed to support and secure the modular buildings. Provide details of
attachment of the chassis 0 the ground to comply with the 140 mph wind ~\
loading. I I 'I
----1
13. Provide verification that existing water and sewer service sizes will I I
accommodate the classroom units. X i il
14. Provide details on the source of electric service feed to the new modular ,
classroom buildings, the type of proposed electric service, the proposed \
voltage and ampacity, and all required grounding and bonding. Provide .,J ~
I DEPARTMENTS I INCLUDE I REJECT I
phase, total voltage and ampacity of existing service source. Service
upgrade may be required.
15. At time of permit review, show details of the modular classroom building
skirt material, method of attachment, access hatch or door an ventilation of X
the enclosed crawl space under the buildings.
16. Occupancy type is listed as HE" (Educational), but may be "a-3" (see
Section 305.1 of the FBC, Building). Correct occupancy category, if
required, and show occupant load, minimum egress requirements and X
whether the buildings will be served by a fire sprinkler system.
17. Verify that additional parking is not required and that one handicapped
accessible parking space, adjacent to the proposed modular buildings, meets X
the minimum code requirements.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments:
18. General Condition: All of the existing landscape and irrigation
improvements as shown on the original landscape plans should be evaluated
by the Landscape Architect in the field and will be inspected by the City as X
part of the landscape inspection. This statement must be placed on the sheet
L above the Existing Installed Landscape List and on page I above the Plant
List.
19. Landscape pa2e L
The applicant should provide landscape design from the existing or
proposed landscape trees / vegetation at the time of planting to visually X
buffer the existing parking lot areas and new structure from the Hypoluxo
Road right-of-way and the residents to the East and South of the site.
20. Irri2ation Plan
. Turf and landscape (bedding plants) areas should be designed on separate
zones and time duration for water conservation.
. Trees should have separate irrigation bubblers to provide water directly to X
the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.
C.2.]
PLANNING AND ZONING
Comments:
21. The classroom building has too much blank wall on the east side. Install
plant material in clusters, ranging from 4' to 8' in height along this fayade to X
break up the long blank wall.
22. Add more Montgomery Palms along the front of the modular classroom X
building.
Conditions of Approval
4
I I i - 'I
DEPARTMENTS INCLUDE REJEC ") r
I I I'
I
23, A traffi c concurrency approval letter from Palm Beach County Traffic I X i r
Engineering must be submitted before the issuance of any permits. I i
)
! I
I i!
24. It is the applicant's responsibility to ensure that the master plan and new site I X !I
plan are publicly advertised in accordance with Ordinance 04-007. I L
I ,
25. Should the proposed building addition's permit valuation exceed $250,000, I
"
the applicant is responsible for compliance with Ordinance 05-060. the "Art X j:
in Public Places " program, and must demonstrate their participation. "
I il
! !I
'I
11
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS II
I'
ii
I ,~I
!
Ii
Comments: i , Ii
,1
,
1. None X I
i "11
I I
!'
ADDITIONAL CITY COMMISSION CONDITIONS . i
I
--~f
!'
Comments: !:
I I
I ; i j
1. To be determined.
!
=,
I
S:\Planning\SHAREDIWP\PROJECTSICalvary Chapel Boynton Beach\MPMD 09-001 & NWSP 09-002\COA doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Calvary Chapel of Boynton Beach
APPLICANT'S AGENT: David Frank
APPLICANT'S ADDRESS: 34 Vista Del Rio Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 16,2009
TYPE OF RELIEF SOUGHT: Request for Master Plan Modification and New Site Plan approval to
modify the phased Master Plan and accommodate a temporary modular
classroom.
LOCATION OF PROPERTY: 3190 Hypoluxo Road
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Calvary Chapel Boynton Beach\MPMD 09-001 & NWSP 09-002\DO.doc
MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING
HELD ON TUESDAY, MAY 26, 2009, AT 6:30 P.M. IN
COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA
PRESENT:
Shirley Jaskiewicz, Chair
Roger Saberson, Vice Chair
Matthew Barnes
Sharon Grcevic
Candace Killian
Jeff Lis
Steve Myott
Amber Barritt, Alternate
ABSENT:
William Poznak, Alternate
7. New Business
B. Calvary Chapel
Master Plan Modification
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Calvary Chapel
New Site Plan
2.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Ed Breese, Principal Planner
Jamila Alexander, Assistant City Attorney
Calvary Chapel (MPMD 09-001)
David Frank of Precision Drafting & Design
Calvary Chapel of Boynton Beach, Inc.
3190 Hypoluxo Road
Request for approval of a modification of the
approved campus master plan increasing the
number of project phases from four to six to
include the addition of an interim (temporary
modular) school facility and a maintenance
building, and updating the project build-out
schedule.
Calvary Chapel (NWSP 09-002)
David Frank of Precision Drafting & Design
Calvary Chapel of Boynton Beach, Inc.
3190 Hypoluxo Road
Request for approval of a 2,200 square-foot
classroom building, as part of the new Phase II
1
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
of the master plan with a Planned Unit
Development (PUD) zoning district.
Mr. Breese requested the Board's permission to combine the two items for presentation
purposes, to be followed by separate motions at the conclusion of the presentation.
There was no objection by the Board.
Mr. Breese presented the request as set forth in the staff report. Calvary Chapel
consisted of approximately 8.8 acres on the south side of Hypoluxo Road, west of
Congress Avenue. The first phase of the project, the sanctuary and the accessory
daycare, had already been constructed, as had most of the infrastructure on site and
parking. Calvary Chapel was requesting the Master Plan be modified to accommodate a
2,200 square-foot, temporary modular classroom building in Phase II of the project.
The applicant indicated they proposed the temporary building for a period of
approximately three years until there were sufficient funds to construct the permanent
classroom building. As a result in the changing needs of the Church and financial
considerations, the ultimate build-out plan was changed from four phases to six. Phase
III would consist of a 2,100 square-foot addition to the Church building for youth
recreation purposes, and a 400 square-foot garage/storage building. Phase IV was
intended to be the permanent classroom building, a three-story, 45,000 square-foot
classroom directly behind the Church. Phase V would consist of a 3,000 square-foot
addition to the sanctuary, and Phase VI was intended for a two-story, 16,000 square-
foot, 48-bed congregate living facility. Based on the non-impactful nature of the
proposed modifications and construction phases, staff recommended approval of the
Master Plan Modification.
The New Site Plan would be for a 2,200 square-foot temporary modular classroom
building located within the footprint of the proposed, permanent classroom building to
the south and directly behind the Church building. The temporary classroom building
would consist of four classes with four separate entries into the building. The required
parking would consist of five parking spaces based on one parking space per 500
square feet of classroom space which could be accommodated in the 179 parking
spaces on site. The school did not operate Wednesday evenings or Sundays when
Church services were held. Staff recommended approval of Phase II temporary
modular classroom building, with the conditions noted.
Chair Jaskiewicz inquired whether the modular building would meet hurricane
standards. Mr. Breese replied it was necessary for the modular structures to comply
with Department of Community Affairs (DCA) requirements for wind loading. Permits
would be submitted to the City for tie-downs and electric water hookup.
2
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
In response to a question pertaining to ramps and stairs, Mr. Breese noted the ramps
were located on the west side of the building. The building, which would sit in a
depressed area, would be more at ground level, with an existing sidewalk in front of the
building.
It was questioned whether the square-footage encompassed the lake and wet areas.
Mr. Breese noted the 8.8 acres consisted of the entire site. He noted the buildable area
included a considerable piece of property.
George Marse, 4117 Floral Drive, noted the first phase of the Church had been
completed approximately four years ago. It had been the intent at that time to build a
three-story school, which had already been approved. However, the downturn in the
economy had delayed the project. Mr. Marse wished to add first and second grade
classes to the existing pre-school and a kindergarten. He had attempted to locate a
portable that would be visually appealing and discovered a building that would meet
their needs. The building would match the architecture of the existing facility, and
would be situated to the west of the former classroom building. The property approved
for the school had consisted of a larger footprint than necessary.
Mr. Marse noted Phase VI was intended for a congregate living facility to be located on
an additional 2.5 acres. While the facility had been approved in the original Site Plan, it
would be necessary to secure the required funding at a future date. Mr. Breese noted
there were four more phases that would require a separate review and approval by the
Board. The necessary level of detail had been provided previously for Phase I and
currently for Phase II. The issue at hand was the concept of placement of the structure
on the property. Mr. Marse noted the buildable area encompassed approximately 3.5
acres of vacant land.
Chair Jaskiewicz opened the public hearing. No one having come forward, the public
hearing was closed.
It was noted the Master Plan indicated the western boundary of the permanent school
would match the western limit of the modular school as if it would be built on top. Mr.
Marse explained the footprint was larger than the school itself. Part of the property
would encompass the courtyard in front of the building. The school would be built, the
modular removed, and the courtyard would be built out over the summer. If that were
not possible, the modular would be removed and the entire building would be
completed at once.
3
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
Motion
Mr. Myott moved to approve a modification of the approved campus Master Plan
increasing the number of project phases from four to six to include the addition of an
interim (temporary modular) school facility and a maintenance building, and update the
project build-out schedule, subject to staff comments. Mr. Barnes seconded the motion
that passed unanimously.
Motion
Mr. Myott moved to approve a 2,200 square-foot temporary modular classroom
building, as part of the new Phase II of the Master Plan within a Planned Unit
Development (PUD) zoning district. Ms. Grcevic seconded the motion that passed
unanimously.
4
VIII.-PUBLIC HEARING
ITEM D.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
0 A ri121, 2009
0 Ma 5,2009
0 Ma 19,2009
I8l June 2, 2009
0 June 16, 2009
0 Jul 7,2009
0 Jul 21,2009
0 Au ust 4, 2009
June 1,2009 Noon)
Jul
Jul
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
I8l Public Hearing 0
RECOMMENDATION: Please place this request on the June 2, 2009 City Commission Agenda under Public
Hearing. The applicant has requested an expedited review due to their need to have all of the improvements in place for the
beginning of the school year. The Planning and Development Board on May 26, 2009, recommended that this request be
approved, subject to staff comments. For further details pertaining to this request, see attached Department Memorandum
'''Ft
No. 09-026. <=> q'~
1,,0 ::;j~
.:x -<a
~ C#'~
N ~,.
-...J ~-~~;j,~Q
Calvary Chapel (NWSP 09-002) ~~
David Frank of Precision Drafting & Design ~ ui'a)
Calvary Chapel of Boynton Beach, Inc. \.0 ~::E
3190 Hypoluxo Road c:.;. .
Request for approval of a 2,200 square foot temporary modular classroom buildiji, a." "
part of the new Phase II of the master plan within a Planned Unit Development (POO) ~
zoning district.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES:
Development Depa
Assistant to City Manager
~
,/ Planning and Zoning Director City Attorney / Finance
S:\Planning\SHARED\WP\PROJECTS\Calvary Chapel Boynton Beach\Agenda Item Request Calvary Chapel NWSP 09-002 6-2-09.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 09-026
STAFF REPORT
TO:
Chair and Members
Planning & Development Board
THRU:
Michael Rumpf.
Planning and Zoning Director
FROM:
t'" ",:>_
Ed Breese ?~c:) )
Principal Planner
DATE:
May 7, 2009
PROJECT NAME/NO:
Calvary Chapel Phase II MPMD 09-001/ NWSP 09-002
REQUEST:
Master Plan Revision and New Site Plan
PROJECT DESCRIPTION
Property Owner: Calvary Chapel of Boynton Beach, Inc.
Applicant: George Marse of Calvary Chapel of Boynton Beach, lnc.
Agent: David Frank of Precision Drafting & Design
location: 3190 Hypoluxo Road (Exhibit "AI! - Location Map)
Existing land Use: Moderate Density Residential (MoDR)
Existing Zoning: Planned Unit Development CPUD)
Proposed Uses
Master Pian:
Church & Daycare:
Temporary Classroom:
Recreation Room & Garage:
Elementary School:
Church Expansion:
Congregate Living Facility
21,250 square feet
2,200 square feet
2,500 square feet
45,000 square feet
3,000 square feet
16,000 square feet (48 beds)
Phase II:
Temporary Classroom:
2,200 square feet
Acreage:
8.842. acres
Adjacent Uses:
North:
Right-of-way of LWDD L-18 Canal, then right-of-way of Hypoluxo Road and
single-family residential in unincorporated Palm Beach County;
Staff Report - Calvary Chapel Phase II (MPMD 09-001/NWSP 09-002)
Memorandum No PZ 09-026
Page 2
South:
Multi-family residential (Meadows on the Green Condominiums), classified Low
Density Residential (LDR) and zoned Planned Unit Development (PUD);
East:
Multi-family residential (Meadows on the Green Condominiums), classified Low
Density Residential (LDR) and zoned Planned Unit Development (PUD); and
West:
Freedom Shores Elementary School, classified Moderate Density Residential
(MoDR) and zoned Single-family Residential (R-l).
MASTER PLAN
Proposal:
Calvary Chapel of Boynton Beach, Inc. is requesting that the Master Plan for the
Church campus be modified to accommodate a temporary modular classroom
building under Phase II, with the ultimate three-story classroom building being
constructed as part of Phase IV. The Church representative indicates the temporary
classroom building is planned to operate for approximately three (3) years until
there are sufficient funds to construct the permanent classroom building.
The proposed new Master Plan consists of six (6) phases. The first phase, approved
in 2001, is the constructed church and accessory daycare (see Exhibit "B" - Master
Plan). Phase II is proposed as a temporary 2,200 square foot modular classroom
building. Phase III, which the applicant hopes to begin shortly after approval of
Phase II, is a 2,100 square foot addition to the church building to accommodate
youth recreation programs, and a 400 square foot garage structure. Phase IV, is
intended to be the construction of the permanent three (3) story, 45,000 square
foot classroom building. Phase V is intended to be a 3,000 square foot sanctuary
expansion, and Phase VI would be a two (2) story, 16,000 square foot, 48 bed
Congregate Living Facility. The associated site plan (NWSP 09-002) depicts the
2,200 square foot temporary modular classroom building being placed within the
proposed footprint of the ultimate classroom building contemplated in Phase IV.
Chapter 2.5, Planned Unit Development, of the City's Land Development Regulations
states that changes in planned unit developments shall be processed through the
Planning and Development Board and City Commission.
ANALYSIS
The current Master Plan is comprised of four (4) phases, which consist of the
Church and accessory daycare in Phase I (since constructed), the 45,000 square
foot classroom building in Phase II, the 48 bed Congregate Living Facility in Phase
III and the 3,000 square foot sanctuary expansion in Phase IV. Due to changes in
the needs of the church and financial considerations, the ultimate build out of the
site is proposed to be spread across six (6) phases, with the temporary inclusion of
a modular classroom building for up to four (4) classes, and additions of a small
garage and youth recreation room.
Staff Report - Calvary Chapel Phase II (fv1PMO 09-001/NV\lSP 09-01'1::',
Memorandum No PZ 09-026
Page 3
Proposal:
Concurrency:
Traffic:
Drainage:
School:
Driveways:
This request was reviewed for consistency with the P.U.D. development standards In
the Land Development Regulations, Chapter 2.5, Planned Unit Developments. Th-:::
proposed request to modify the Master Plan appears relatively consistent with the
previously approved plan and retains the setbacks originally established with the
PUD rezoning. Each individual phase site plan will require separate review and
approval, as the necessary level of detail has only been provided previouslv fo:
Phase I and now, Phase II.
Based on the non-impactful nature of the proposed modifications and construction
phases, staff finds the request justified and recommends approval of the proposed
Master Plan Modification. The more detailed aspects of the design and
characteristics of the site plan itself are described under the site plan review section
below.
NEW SITE PLAN
The Calvary Chapel site consists of approximately 8.8 acres on the south side of
Hypoluxo Road, west of Congress Avenue. The first phase of the project, consisting
of the church and accessory daycare, has been constructed, along with nearly all of
the infrastructure and parking. All of the necessary infrastructure improvements
associated with the current Phase II (i.e. the permanent three (3) story, 45,000
square foot classroom building) is in place, including the parking area, drop off and
sidewalk. The proposed Phase II modular classroom has been situated within the
footprint of the larger classroom building, which would become part of Phase IV. In
the proposed Master Plan.
ANALYSIS
An updated traffic study is being prepared for the new classroom building, to be
reviewed by Palm Beach County Traffic Engineering. Since we have not received a
letter of concurrency approval from Palm Beach County, no building permits are to
be issued until the Palm Beach County Traffic Division approves the study for traffic
concurrency purposes (see Exhibit "C" - Conditions of Approval).
Conceptual drainage information was provided for the City's review. The
Engineering Division is recommending that the review of specific drainage solutions
be deferred until time of permit review (see Exhibit "(" - Conditions of Approval).
This project is exempt from the school concurrency requirements of Palm Beach
County.
The site plan shows that the site has only one (1) entrance, trlat being from a 45
foot driveway off of Hypoluxo Road and over the LWDD L -18 Canal. There is one
(1) 14.5 foot ingress lane and two (2) 11 foot egress lanes, with an 8.5 foot
landscape island in between.
Staff Report - Calvary Chapel Phase II (MPMD 09-001/NWSP 09-002)
Memorandum No PZ 09-026
Page 4
Parking Facility: Off-street parking proposed within the development must meet the requirements in
Chapter 2, Section 1l.H. of the Boynton Beach Land Development Regulations.
The project proposes a mix of different uses, including the church, daycare, school,
and congregate living facility. Per the proposed Master Plan, 253 parking spaces
would be provided at build out, while 251 spaces would be required at maximum
periods (Sundays & Wednesdays), or an excess of two (2). A weekday and
weekend calculation was performed to determine the peak demand under each
scenario. On Sundays and Wednesdays, the total demand, due to church services,
is projected at the 251 spaces needed, as noted above. However, during the rest of
the week, the demand is only 132 parking spaces. In the completed Phase I
construction, 179 of the 253 parking spaces were constructed, while only 172 of the
spaces were required to meet the peak (Sunday & Wednesday) requirements for
the church and daycare. The balance of the parking spaces would need to be
constructed beginning with Phase IV in order to accommodate the demand
projected in the proposed Master Plan.
As for Phase II, the 2,200 square foot temporary modular classroom building would
require a total of five (5) parking spaces, based upon the one (1) space per 500
square feet of classroom area. Since the school would not operate on Wednesday
evenings or Sundays, the parking demand for this building can easily be
accommodated in the 179 existing parking spaces.
Landscaping:
The Site Plan tabular data (Sheet SP-2) indicates that the proposed pervious area,
with the construction of Phase II, would equal 46.38% of the site. The Landscape
Calculations (Sheet L) indicates the subject site currently contains 193 trees along
the perimeter, right-of-way and parking areas. Due to storm events and dead
material, the number of trees around the existing site improvements is deficient by
38 trees. The applicant proposes to replace the missing material with 16 Live
Oaks, 4 Pink Tabebuias, 7 Yellow Elders, 9 Sabal Palms and 2 Montgomery Palms.
The proposed landscape plan plant list for foundation planting around the Phase II
modular classroom building indicates the installation of 6 new canopy trees, 551
shrub and groundcover plants, including Cocoplum, Plumbego, Simpson Stopper
and Japanese Blueberry. According to the plant list, 85% of the canopy trees and
82% of the palm trees associated with the Phase II project would be native, while
99% of the shrubs and groundcover are proposed to be native.
The foundation plantings are intended to assist in the screening of the modular
classroom building from the condominiums to the east and south. Staff
recommends that additional plant material in the six (6) to eight (8) foot high range
be planted in clusters along the east side of the building to help fill in those gaps
between the four (4) foot high hedge and twelve (12) foot tall trees. Staff also
recommends the placement of additional Montgomery Palms along the west side of
the modular building, to adequately fill in the space between the sidewalk and
fa~ade (see "Exhibit C" - Conditions of Approval).
Staff Report - Calvary Chapel Phase II (MPMD 09-001 /N\NSP 09-002 i
Memorandum No PZ 09-026
Page 5
Building and Site: This Phase II site plan proposes a 2,200 square foot modular classroom building
situated within the footprint of the future three (3) story, LJ5,OOO square foot
classroom building. The applicant indicates that the modular structure is intended
as a temporary space to begin their own school program, and should only be
needed for three (3) years, at which time they believe they will be in a position to
fund the permanent building. The subject parcel is located on the back portion of
the site, just south of the church building. The temporary classroom is a modula,
building proposed to be divided into four (4) classrooms, with four (4) separate
entry doors, facing west toward the parking lot behind the church. This parking
area was designed in a loop configuration to accommodate student drop-off/pick-
up. The PUD zoning district allows for a maximum building height of 45 feet, and
the elevations (Sheet A2.01) depict the height of the modular building at 10'-- 8'
Design: The elevations (Sheet A2.01) indicate the exterior colors of the modular building
are as follows:
Main Body:
Secondary:
Accent:
Trim:
Creamy Yellow
Pale Yellow
Grayish Green
White
Porter Formula by Porter Paints
Porter Formula by Porter Paints
Hemlock Green by Porter Paints
Porter White by Porter Paints
The majority of the body of the building would be painted the creamy yellow color,
to match the remainder of the church buildings. The other selected colors are also
represented on the existing church buildings, in an effort to make the appearance
of the temporary structure conform appropriately.
Signage:
The originally approved sign for the church was the church name, in individual
letters, placed on a perimeter site wall facing Hypoluxo Road, on the west side of
the entrance. With Phase II, the applicant is proposing an eight (8) foot tall by 10
foot wide monument sign, which would provide adequate space to identify the
other operations (i.e. daycare and school) and allow the opportunity to have
manual changeable copy area, to make necessary announcements. The sign is
proposed to contain 32 square feet of copy area, the maximum allowed in the PUD
zoning district, with the copy area being white and the lettering color designated as
Hemlock Green, the accent color on the buildings. The balance of the sign will be
painted the creamy yellow that is utilized as the main body color of all buildings on
site. The proposed placement of the sign is parallel to Hypoluxo Road, along the
north property line and east of the entrance drive. No signage is proposed on the
modular classroom.
Staff Report - Calvary Chapel Phase II (MPMD 09-001/NWSP 09-002)
Memorandum No PZ 09-026
Page 6
CONCLUSIONS AND RECOMMENDATION:
Staff is concurrently processing a master plan modification and new site plan application to accommodate
the Church's desire to temporarily place a modular classroom building on the site, add components to the
site not originally contemplated and adjust the phasing of the site build out. Staff has reviewed these
two requests and recommends approval, contingent upon all items noted within Exhibit "c" - Conditions of
Approval. Any additional conditions recommended by the Board or City Commission shall be documented
accordingly in the Conditions of Approval.
S:\Planning\SHAREDlWP\PROJECTS\Calvary Chapel Boynton Beach\MPMD & NWSP Staff Report.doc
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LANDSCAPE. ARCHITECT
15I>117"ffi-l"l~
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REVtSICN N'DAT1-J ,
EXHIBIT "C"
Conditions of Approval
Project name: Calvary Chapel
Pile number: NWSP 09-002 MPMD 09-001
Reference: 2nd review plans identified as a New Site Plan with an April 28, 2009 Planning & Zoning date stamp
k'
mar mg.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. No utility plan was included with this submittal; therefore the Utilities
Department considers this plan incomplete as submitted. However, this
project is an existing site located within the Utilities' service area, and is X
located where utility support is available. Additional comments may be
generated after a utility plan has been submitted and reviewed.
2. A building permit for this project shall not be issued until this Department
has approved the plans for the water and/or sewer improvements required to
service the proposed classroom trailer, in accordance with the CODE, X
Section 26-15.
3. Appropriate backflow preventer(s) will be required on the domestic water
service to the building, and the fire sprinkler line if there is one, in
accordance with the CODE, Section 26-207. X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Conditions of Approval
2
I
I
DEP ARTMENTS i INCLUDE REJECr
Comments: None !
, !
BUILDING DIVISION i
, !
Comments: i I
4. Please note that changes or revisions to these plans rnay generate additional ! !
comments. Acceptance of these plans during the TART (Technical i
Advisory Review Team) process does not ensure that additional comments ! X
may not be generated by the commission and at permit review.
i i
5. At time of permit review, indicate on the plans that all construction work
(excluding the DCA approval of the modular buildings factory construction)
will comply with the 2007 Florida Building Codes (FBC). X i
6. At time of permit review, submit signed and sealed working drawings of the !
, ,
proposed construction, including the monument sing to be constructed on X
the north end of the property. I
7. At time of permit review, add a general note to the site plan that all plans ,
,
submitted for permitting shall meet the City's codes and the applicable ! X
building codes in effect at the tirne of permit application.
;
8. Pursuant to approval by the City Commission and all other applicable ! I
agencies, the plans for this project rnust be submitted to the Building
Division for review at the time of permit application submittal. The plans I X
I
must incorporate all the conditions of approval as listed in the development I
,
order and approved by the City Commission.
i
9. At time of permit review, provide lighting photo metrics for the existing site I
lighting and parking lot adjacent to the proposed modular buildings. i X i
10. Show details of required accessible ramps. Provide details of the materials !
I foundations, framing, slopes, cross-slopes and landing sizes of the ramps.
I Show details of any proposed or existing curb ramps and detectable X
warnings. Show details of the railing system to be attached to the ramps.
Provide elevations ofthe ramps to show compliance with the FBC. i i i
11. Show location of connection points for the required water and sanitary I I 'i
sewer for the rnodular buildings. Show location of the laterals and pipe size
and material. Provide for the separation of the building underground water X
and sewer services with at least 5 feet of undisturbed or compacted earth, or
in accordance with one of the exceptions provided by the 2007 Florida
Building Code, Plumbing. I I Ii
12. At time of permit review, show details of the foundation system to be , !
mstalled to support and secure the modular bUIldmgs. PrOVIde detalls of
attachment of the chassis 0 the ground to cornply with the 140 mph wind
loading.
13. Provide verification that existing water and sewer service sizes will
accommodate the classroorn units.
14. Provide details on the source of electric service feed to the new modular
classroom buildings, the type of proposed electric service, the proposed
voltage and ampacity, and all required grounding and bonding. Provide
x
x
\.
DEPARTMENTS INCLUDE REJECT
phase, total voltage and ampacity of existing service source. Service
upgrade may be required.
15. At time of permit review, show details of the modular classroom building
skirt material, method of attachment, access hatch or door an ventilation of X
the enclosed crawl space under the buildings.
16. Occupancy type is listed as "E" (Educational), but may be "a-3" (see
Section 305.1 of the FBC, Building). Correct occupancy category, if
required, and show occupant load, minimum egress requirements and X
whether the buildings will be served by a fire sprinkler system.
17. Verify that additional parking is not required and that one handicapped
accessible parking space, adjacent to the proposed modular buildings, meets X
the minimum code requirements.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Conunents:
18. General Condition: All of the existing landscape and irrigation
improvements as shown on the original landscape plans should be evaluated
by the Landscape Architect in the field and will be inspected by the City as X
part of the landscape inspection. This statement must be placed on the sheet
L above the Existing Installed Landscape List and on page I above the Plant
List.
19. Landscape paee L
The applicant should provide landscape design from the existing or
proposed landscape trees / vegetation at the time of planting to visually X
buffer the existing parking lot areas and new structure from the Hypoluxo
Road right-of-way and the residents to the East and South of the site.
20. Irrieation Plan
· Turf and landscape (bedding plants) areas should be designed on separate
zones and time duration for water conservation.
· Trees should have separate irrigation bubblers to provide water directly to X
the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.
C.2.]
PLANNING AND ZONING
Comments:
21. The classroom building has too much blank wall on the east side. Install
plant material in clusters, ranging frorn 4' to 8' in height along this fa<;ade to X
break up the long blank wall.
22. Add more Montgomery Palms along the front of the modular classroorn X
building.
Conditions of Approval
4
I ! I II
I "
I I
I DEPARTMENTS i INCLUDE REJECT
i I
! i
23. A traffic concurrency approval letter from Palm Beach County Traffic X I 'I
i
Engineering must be submitted before the issuance of any permits. I "
I
i
24. It is the applicant's responsibility to ensure that the master plan and new site i X
plan are publicly advertised in accordance with Ordinance 04-007. i I i.'
! ,I
25. Should the proposed building addition's permit valuation exceed $250,000. I
the applicant is responsible for compliance with Ordinance 05-060, the "Art X if
:1
in Public Places" program, and must demonstrate their participation. Ii
,I
I
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS I
i I
, ~i
Comments: i I II
II
1. None X II
Ii
ADDITIONAL CITY COMMISSION CONDITIONS Ii
I.
, '-i:
I r:
Comments: i II
I 1. To be determined. : ii
S:\PlanningISHARED\WPIPROJECTSICalvary Chapel Boynton Beach\MPMD 09-00J & NWSP 09-002ICOA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Calvary Chapel of Boynton Beach
APPLICANT'S AGENT: David Frank
APPLICANT'S ADDRESS: 34 Vista Del Rio Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 16,2009
TYPE OF RELIEF SOUGHT: Request for Master Plan Modification and New Site Plan approval to
modify the phased Master Plan and accommodate a temporary modular
classroom.
LOCATION OF PROPERTY: 3190 Hypoluxo Road
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Calvary Chapel Boynton Beach\MPMD 09-001 & NWSP 09-002\DO.doc
MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING
HELD ON TUESDAY, MAY 26, 2009, AT 6:30 P.M. IN
COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA
PRESENT:
Shirley Jaskiewicz, Chair
Roger Saberson, Vice Chair
Matthew Barnes
Sharon Grcevic
Candace Killian
Jeff Lis
Steve Myott
Amber Barritt, Alternate
ABSENT:
William Poznak, Alternate
7. New Business
B. Calvary Chapel
Master Plan Modification
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Calvary Chapel
New Site Plan
2.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Ed Breese, Principal Planner
Jamila Alexander, Assistant City Attorney
Calvary Chapel (MPMD 09-001)
David Frank of Precision Drafting & Design
Calvary Chapel of Boynton Beach, Inc.
3190 Hypoluxo Road
Request for approval of a modification of the
approved campus master plan increasing the
number of project phases from four to six to
include the addition of an interim (temporary
modular) school facility and a maintenance
building, and updating the project build-out
schedule.
Calvary Chapel (NWSP 09-002)
David Frank of Precision Drafting & Design
Calvary Chapel of Boynton Beach, Inc.
3190 Hypoluxo Road
Request for approval of a 2,200 square-foot
classroom building, as part of the new Phase II
1
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
of the master plan with a Planned Unit
Development (PUD) zoning district.
Mr. Breese requested the Board's permission to combine the two items for presentation
purposes, to be followed by separate motions at the conclusion of the presentation.
There was no objection by the Board.
Mr. Breese presented the request as set forth in the staff report. Calvary Chapel
consisted of approximately 8.8 acres on the south side of Hypoluxo Road, west of
Congress Avenue. The first phase of the project, the sanctuary and the accessory
daycare, had already been constructed, as had most of the infrastructure on site and
parking. Calvary Chapel was requesting the Master Plan be modified to accommodate a
2,200 square-foot, temporary modular classroom building in Phase II of the project.
The applicant indicated they proposed the temporary building for a period of
approximately three years until there were sufficient funds to construct the permanent
classroom building. As a result in the changing needs of the Church and financial
considerations, the ultimate build-out plan was changed from four phases to six. Phase
III would consist of a 2,100 square-foot addition to the Church building for youth
recreation purposes, and a 400 square-foot garage/storage building. Phase IV was
intended to be the permanent classroom building, a three-story, 45,000 square-foot
classroom directly behind the Church. Phase V would consist of a 3,000 square-foot
addition to the sanctuary, and Phase VI was intended for a two-story, 16,000 square-
foot, 48-bed congregate living facility. Based on the non-impactful nature of the
proposed modifications and construction phases, staff recommended approval of the
Master Plan Modification.
The New Site Plan would be for a 2,200 square-foot temporary modular classroom
building located within the footprint of the proposed, permanent classroom building to
the south and directly behind the Church building. The temporary classroom building
would consist of four classes with four separate entries into the building. The required
parking would consist of five parking spaces based on one parking space per 500
square feet of classroom space which could be accommodated in the 179 parking
spaces on site. The school did not operate Wednesday evenings or Sundays when
Church services were held. Staff recommended approval of Phase II temporary
modular classroom building, with the conditions noted.
Chair Jaskiewicz inquired whether the modular building would meet hurricane
standards. Mr. Breese replied it was necessary for the modular structures to comply
with Department of Community Affairs (DCA) requirements for wind loading. Permits
would be submitted to the City for tie-downs and electric water hookup.
2
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
In response to a question pertaining to ramps and stairs, Mr. Breese noted the ramps
were located on the west side of the building. The building, which would sit in a
depressed area, would be more at ground level, with an existing sidewalk in front of the
building.
It was questioned whether the square-footage encompassed the lake and wet areas.
Mr. Breese noted the 8.8 acres consisted of the entire site. He noted the buildable area
included a considerable piece of property.
George Marse, 4117 Floral Drive, noted the first phase of the Church had been
completed approximately four years ago. It had been the intent at that time to build a
three-story school, which had already been approved. However, the downturn in the
economy had delayed the project. Mr. Marse wished to add first and second grade
classes to the existing pre-school and a kindergarten. He had attempted to locate a
portable that would be visually appealing and discovered a building that would meet
their needs. The building wouid match the architecture of the existing faciiity, and
would be situated to the west of the former classroom building. The property approved
for the school had consisted of a larger footprint than necessary.
Mr. Marse noted Phase VI was intended for a congregate living facility to be located on
an additional 2.5 acres. While the facility had been approved in the original Site Plan, it
would be necessary to secure the required funding at a future date. Mr. Breese noted
there were four more phases that would require a separate review and approval by the
Board. The necessary level of detail had been provided previously for Phase I and
currently for Phase II. The issue at hand was the concept of placement of the structure
on the property. Mr. Marse noted the buildable area encompassed approximately 3.5
acres of vacant land.
Chair Jaskiewicz opened the public hearing. No one having come forward, the public
hearing was closed.
It was noted the Master Plan indicated the western boundary of the permanent school
would match the western limit of the modular school as if it would be built on top. Mr.
Marse explained the footprint was larger than the school itself. Part of the property
would encompass the courtyard in front of the building. The school would be built, the
modular removed, and the courtyard would be built out over the summer. If that were
not possible, the modular would be removed and the entire building would be
completed at once.
3
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
May 26, 2009
Motion
Mr. Myott moved to approve a modification of the approved campus Master Plan
increasing the number of project phases from four to six to include the addition of an
interim (temporary modular) school facility and a maintenance building, and update the
project build-out schedule, subject to staff comments. Mr. Barnes seconded the motion
that passed unanimously.
Motion
Mr. Myott moved to approve a 2,200 square-foot temporary modular classroom
building, as part of the new Phase II of the Master Plan within a Planned Unit
Development (PUD) zoning district. Ms. Grcevic seconded the motion that passed
unanimously.
4
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM.
IX. - CITY MANAGER'S
REPORT
ITEM A
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 A ril21, 2009 0 June 16, 2009
0 5,2009 0 Jul 7,2009
0 19,2009 0 Jul 21,2009 Jul
x June 2, 2009 0 Au ust 4, 2009
0 AnnouncementslPresentations ~ City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Lellal
,
0 Code Comoliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Authorize staff to begin process to create Interlocal Service Boundary Agreement (ISBA) with
Palm Beach County.
EXPLANATION: The Florida legislature encourages annexation to improve service provision. Florida Statute creates
numerous methods by which properties may be annexed.
For the last several years, the City has studied which parcels may be annexed using existing procedures. None of the
properties within the City's future annexation area can be annexed using existing statutory structures.
The legislature recognized that annexations must often be strategically planned, rather than implemented in a piecemeal
fashion. In 2005, they created the Interlocal Service Boundary Agreement to serve as a long-range strategic annexation
plan.
This agreement is negotiated between the City and the County and provides valuable tools to facilitate annexation that do not
exist without it. The process includes:
. Identification of area to be considered for annexation;
. Review of all service provision considerations by appropriate departments, including transportation, environmental,
public safety and fire-rescue; and
. Input from stakeholders.
This agreement does not require that any particular parcels must be annexed, or that any annexations must occur in a
particular time period. It can be written to be implemented over a 20-year period. Its primary purpose is to simplify the
process by studying the entire area at one time, mther than parcel-by-parcel. It allows new procedures, and provides new
tools not available without it.
For example, Palmyra has a water service agreement with an enforceable annexation clause. It meets all statutory
requirements to be annexed. However, because its annexation would create an enclave of two parcels, the City is not allowed
to enforce the annexation clause. With an ISBA, the City would be permitted to annex Palmyra and address the issue of the
enclaves separately.
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AGENDA ITEM REQUEST FORM
Two cities in Palm Beach County are currently working with Palm Beach County via the ISBA process. Palm Springs
completed the process in November 2008 and Oreenacres is currently working on their ISBA with Palm Beach County. Palm
Beach County staff has recommended that Boynton's future annexations are best approached in the context of an I SB A III
create a long-range plan and simplifY its implementation.
PROGRAM IMPACT:
Annexation improves service delivery and increases city property tax revenues.
FISCAL IMPACT:
d
fi
fO
d
EstImate revenue rom annexatIon 0 atewav an Pa myra:
Ad Valorem
Number of Total Taxable Tax Revenue Fire TOTAL
Development parcels/ Value (2008/2009 Assessment REVENUE
Housing units millage rate $68/unit
6.4553)
Palmyra 136/119 units $ 28,625,928 $ 184,789 $ 8,092 $ 192,881
Gateway Club 8/319 units $ 30,547,259 $ 197,192 $ 21,693 $ 218,885
Apartments
TOTAL 144/438 units $ 59,173,187 $ 381,981 $ 29,785 $ 411,766
The cost to the City for this project is expected to be $5,000 for possible City legal costs to prepare the interIocal agreements
and resolutions. The City plans to use a combination of City staff and Ms. Donna Brosemer (already under contract with the
City) for the staff work associated with the ISBA process. Assuming a completion date of March 2010 with a start date of
July, Ms. Brosemer's fee will be $23,625* ($7,875 already budgeted FY 08-09). The estimated total cost to the City would
be $28,625. If the County does the planning work, the additional cost is estimated to be $5,000 however, the County
presently does not charge for their staff time if the municipality does the data gathering and planning work. (*Ms. Brosemer's
contract is for a set fee of $2,625/mo for multiple projects.) If the project is completed in March 20 I 0, the City will see
additional property tax on annexations beginning in 20 II. lfwe can fast-track a sector area for these two parcels in 2009 ll'
receive revenue in 20 I 0, we will do so.
ALTERNATIVES:
Forego anne;at1ns~ePt on occasional, piecemeal basis and leave the boundaries su
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Department Head's Signature City Mager's Signature, ,
Assistant to City Manager _~___
Department Name
City Attorney / Finance
S \BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Interlocal Service Boundary
Agreements
. A new tool for long-
range strategic planning
City of Boynton Beach
. The Florida legislature encourages
annexation to
- improve service delivery and
- square off municipal boundaries.
1
. Dozens of parcels have water service
agreements with Boynton Beach that include
annexation clauses---the owners have
already agreed to be annexed.
. After thorough study, Boynton Beach cannot
annex even those with voluntary annexation
clauses because of small details in statutory
requirements.
Palmyra - SW Corner -
Hypoluxo and Lawrence
Qualifies for annexation:
. WSA with voluntary
annexation clause; and
. Contig uous to city
boundaries
. However, Creates an
enclave (two parcels)
2
Gateway Apts - N E corner of
Gateway and Lawrence
. Contiguous to city
boundaries; and
. Voluntary annexation clause
in WSA.
. However, creates small
enclave of several parcels
so cannot be annexed.
. To assist with similar situations, the FL legislature
created Interlocal Service Boundary Agreements
(ISBA's) in 2005 as a long-range strategic planning
tool.
. Currently being used by Palm Springs; Greenacres
is in process of creating one through cooperation
with Palm Beach County.
3
. Identifies area under consideration. Most
municipalities, like Boynton Beach, have a Reserve
Annexation Area. Some or all can be included in the
ISBA.
· Entire area is reviewed at one time by all related
departments, including roads, public safety, fire
rescue and environmental.
. Process takes 6-9 months to complete.
. Creation of ISBA requires some staff time to
do data analysis of the area under
consideration, including
- Population
- Land use
- Current and future capacity for service provision
and fiscal impact
Amount of time will depend on size of area
4
. . With ISBA, revenue increase to City is
$411,766 through annexation Palmyra and
Gateway Apt. parcels due to voluntary
annexation clauses in their water service
agreements (WSA's).
. Several hundred more WSA's between
Boynton Beach and property owners.
. Long-range strategic planning tool
. Does not require that annexation occurs
. Facilitates and streamlines annexations
. Annexations improve local service delivery, increase
revenues, square boundaries
5
. Without ISBA, the City will be unable to
annex many parcels for the foreseeable
future, even at property owners' request,
except on an occasional, piecemeal basis.
. Boundaries will continue to be irregular and
disjointed.
6
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
IX. - CITY MANAGER'S
REPORT
ITEM B
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 Aori! 21, 2009 April 6, 2009 (Noon) 0 June 16,2009 June 1,2009 (Noon)
0 Mav 5, 2009 ApriI20,2009~oon) 0 Julv 7, 2009 June 15,2009 (Noon)
0 Mav 19,2009 May4,2009~oon) 0 Julv 21, 2009 Julv6, 2009 (Noon)
X June 2, 2009 May 18,2009 (Noon) 0 August 4, 2009 Julv20, 2009 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Review report of the Boynton Inlet Committee and transmit findings to Palm Beach County Board
of Commissioners as the Inlet is owned and operated by the County.
EXPLANATION: In 2004, the Commission requested and partially funded a study of the Boynton Inlet to identifY ways in
which its safety could be improved. The bulk of the funding was provided by South Florida Water Management District.
A committee of stakeholders, including surrounding municipalities and various county departments, was formed in 2005. An
engineering firm, Applied Technologies Management (A TM), was chosen to do the analysis of possible alternatives. The
committee then ranked the alternatives and drafted a final report for submission to the Commission.
The scope of the study was limited due to its level of funding. The alternatives studied were:
. Channel deepening (5' and 10')
. Channel widening (200')
. Channel widening and deepening (50'110')
. Southerly shift of south jetty
. Changes to bridge: Removal, span, drawbridge
. Ebb shoal dredging and by-pass
. Safety warning enhancements including navigation lighting and channel markers, adverse conditions warning system,
and boater education
The committee ranked the alternatives as shown on the next page:
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9.1 No Action - Status Quo
The No Action or Status Quo option does not require any changes. hence does not induce any
changes to the current state of the inlet and surrounding areas. For this reason it does not
accomplish any of the goals of the study. The altemative, however, ranks well in terms of cost
and ability to implement.
2. Deepening Alternatives 1 & 2 and Ebb Shoal Dredging -. Three options ranked the same,
including both deepening alternatives and the ebb shoal dredging option. Both
deepening Alternatives 1 & 2 share similar challenges with slightly different advantages
and disadvantages. Both would present nearly identical permitting issues mostly related
to additional impact to existing hard bottom resources in and around the inlet. Alternative
1 requires less money and time to implement but does not provide the flushing
improvement that Alternative 2 offers. Lastly, neither deepening alternative really
addresses navigation safety issues. Maintenance dredging of the ebb shoal would
perhaps be the single most important improvement to the inlet for navigation safety. The
difficulties of maintenance dredging really present themselves in permitting and funding.
3. Shift in South Jetty (50-ft Southerly Shift) The shift in the southern jetty would not
achieve an improvement in water quality, but would provide for a safer inlet for boating.
The cost versus benefit of this option should be carefully weighed as the amount of
money and time to construct is not insignificant, and the majority of recorded boating
incidents occur on the ebb shoal bar rather than in the throat of the inlet.
4. Widening/Deepening Alternatives 3, 4 & 5. All three widening and deepening
alternatives present varying degrees of difficulty in permitting. They also require a
change to the existing bridge, removal and replacement of the southern bulkhead and
jetty, and loss of County property. All three of these alternatives rank high in
improvements to lagoon water quality and navigation safety, which satisfy the primary
goals of this study. The overall effectiveness of these options are offset by the
downsides in other potential environmental impacts, permitting, as well as costs and time
required for construction.
S\BULLETIN\FORMS'c^,GENDA ITEM REQUEST FORM DOC
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PROGRAM IMPACT: The non-structural alternatives were unanimously approved and can be
undertaken at any time. They will require intergovernmental coordination and funding; potential
funding sources may be identified, as well as stakeholders who may wish to participate. Structural
alternatives are more complex and therefore no final recommendation could be made based on a
single limited study. While some options were eliminated from consideration for various reasons,
others emerged that could not be pursued in this context, specifically (1) bridge options (drawbridge,
span, elimination) and (2) 50' widening but no deepening of the inlet. This study should be seen as the
first phase of what would need to be a more in-depth evaluation by a broader base of stakeholders.
FISCAL IMPACT:
# 1. Estimated cost: 0
#2. Estimated cost: $2.18 million-$3.9 million
#3. Estimated cost: $2,590,000
#4. Estimated cost: $8,865,000 [includes deepening]
ALTERNATIVES:
9.7 Non-Structural Alternatives
Non-structural alternatives listed earlier in this study include the following:
. Adverse Conditions Waming System;
. Additional Navigation Aides; and,
. Boater Education Programs.
Since these are not seen to have any adverse impacts. do not require permitting, and do not cost
a great deal (relative to structural alternatives) they should be easy to implement and should be
investigated further.
Periodic ebb shoal dredging is another non-structural altemative that is felt to have benefits to
navigation safety and beach management. Because the County owns the surrounding property
and manages the inlet and adjacent beaches, this option should be pursued further through
appropriate County representatives (ERM and others). The best approach would be to
incorporate the ebb shoal maintenance into the periodic beach nourishment program,
accomplishing both an increase in safety and providing an additional source of beach sand
outside of the dedicated offshore borrow site.
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S IBULLETIN\FORMS\.-\GENDA ITEM REQUEST FORM DOC
. ClTYOF
BOYNTON BEACH
South Lake Worth Inlet
Feasibility Summary Report
7.0 Summary of Alternatives
~
The goal of this study is to identify and evaluate the full range of potential structural and non-
structural alternatives and their associated benefits (and detriments) to inlet performance. In
general, the study bracketed the range between a No Action / "Status Quo" approach up to an
aggressive widening and deepening of the inlet. The widening and deepening alternative was
expanded to a point that was felt sufficient to understand the range of influence on lagoon water
quality and navigation safety - the two chief factors by which this study is measured.
The following provides brief descriptions of each proposed structural and non-structural
alternative for the inlet. Figure 20 at the end of this section graphically displays proposed
physical modifications to the inlet. Alternatives for bridge modifications are addressed
independently as all structural options outlined below may incorporate any number of bridge
options. Additionally, the bridge structure only influences the maximum vessel size and does not
affect lagoon water quality and/or navigation safety.
7.1 Structural Alternatives
7.1.1 No Action - Status Quo
The No Action or Status Quo approach offers no changes to the inlet, yielding no improvements
or negative impacts to the environment and/or navigation safety. It is assumed that certain
maintenance and improvements to the existing structures Oetties, bulkheads, bridge, etc.) would
occur as scheduled by the County and FDOT.
Currently, County plans include several improvement projects to the inlet's jetties, bulkheads, and
sand transfer plant. The largest changes will be the installation of new bulkhead along the north
and south jetties, as well as along the entire length of Bird Island. Construction will consist of
installation of new sheetpile walls immediately seaward of the existing walls, encroaching into the
channel by several feet. New piles will be driven along the north jetty and a new concrete deck
will be constructed to support a new sand transfer plant. The new transfer plant will utilize a 900
horsepower electric motor capable of bypassing around 250 cy per hour to the discharge point
700 feet south of the inlet. Although detailed plans were not available at the time of this study, it
is understood that the location of the bypass plant will not change.
Communications with FDOT indicate that there are no plans for either rehabilitation or
replacement of the existing A 1 A bridge in the near future. Minor construction is occurring that will
replace the handrails along the perimeter of the bridge crossing. This work will have no bearing
on this study as it will not affect the current performance of the bridge.
54
. ClTYOF
BOYNTON BEACH
South Lake Worth Inlet
Feasibility Summary Report
~
The proposed work by the County and DOT are not seen to materially affect the current
performance of the inlet and therefore deemed Status Quo for this study.
7.1.2 Channel Deepening - Modeled Alternatives 1 and 2
Deepening of the existing channel by an additional 5 and 10 feet (to -15 ft and -20 ft NGVD) was
investigated primarily to evaluate effects on lagoon flushing. Existing channel depths (averaging
around -10 ft NGVD) are adequate for most vessels that currently gain access through the inlet.
However, increases in bridge clearance may increase the maximum vessel length and draft
potential of the inlet.
It has been well-documented that the existing substrate is rocky in nature and difficult to remove.
Excavation quantities for the proposed deepening efforts are estimated to be on the order of
42,000 and 85,000 cubic yards for the proposed 10- and 20-foot increases in average bottom
elevations, respectively. It is assumed herein that the full width of the channel may not be
excavated as proposed and that a five-foot minimum offset for excavation would be required to
avoid undermining or destabilizing the existing structures. This assumption would have to be
validated in the future through detailed engineering and geotechnical investigations prior to
implementation.
7.1.3 Channel Widening (50' Southerly Expansion - 10' Deepening) - Modeled Alternative 3
To evaluate the effect of a marginal increase in channel width, a 50-foot shift in the southern
boundary of the inlet, including the existing bulkhead and jetty is proposed. It was determined
through discussions with the County that expansion cannot occur to the north due to the already
restricted property dimensions, location of the current maintenance access point to the bypass
plant, and relatively large magnitude of structuring (i.e., size of north jetty, presence of bypassing
plant, etc.) along the north side. All expansion alternatives presented in this study therefore
translate to the south side of the inlet.
As discussed in Section 3.2.3, typical widths for two-way traffic for a straight channel require at
least five times the design vessel beam. Navigation channels with bends, high currents, and
peak traffic issues, such as those at South Lake Worth Inlet require additional width beyond this
minimum requirement.
An increase in the existing controlling width of 100 feet by 50 feet would expand the nominal
width of the inlet to approximately 150 feet. For the vessels currently utilizing the inlet, 150 feet
would be a recommended controlling width for the inlet leaving appropriate spacing for vessels
with beams up to 22 feet.
As it was beyond the scope of this study to evaluate the stability of any of the existing structures,
it cannot be assumed that the bulkhead and bridge support/footers on the north side of the inlet
55
. ClTYOF
, BOYNTON BEACH
South Lake Worth Inlet
Feasibility Summary Report
~
would be suitable for continued use. This is not likely when considering a larger bridge structure
is required to span the widened inlet.
Expansion of the inlet to the south by 50 feet and deepening by 10 feet would require the
following:
. removal of approximately 500 linear feet of existing bulkhead along the south side of the
inlet and construction of a new bulkhead of matching length;
. removal of approximately 10,000 cy of upland and existing sandy beach within the 50-ft
expansion zone (loss of approximately 0.7 acres of upland property);
. removal of the existing south jetty and construction of a new jetty;
. removal of existing bridge and construction of a wider bridge; and,
. excavation of approximately 94,000 cy of mostly rock bottom to attain an average bottom
elevation of -20 feet NGVD.
It should be noted here that the training wall was assumed to remain in place under this
alternative.
7.1.4 Channel Widening (200' Southerly Expansion - No Deepening) - Modeled Alternative 4
To evaluate an aggressive approach to increasing the flushing capacity of the inlet, thereby
significantly improving potential water quality within the Lake Worth Lagoon, a 200-ft widening of
the inlet from 100 to 300 feet in nominal width was evaluated. A potential secondary benefit of
such an increase in cross-sectional area is a reduction in current velocities significant enough to
affect navigability of the inlet.
As with the 50-ft widener, the shift would occur along the south side of the inlet. Expansion of the
inlet to the south by 200 feet would require the following:
. removal of approximately 650 linear feet of existing bulkhead and construction of roughly
500 feet of new bulkhead;
. removal of approximately 45,000 cy of upland within the 200-ft expansion zone (loss of
approximately 2.7 acres of upland property);
. removal of the existing south jetty and construction of a new jetty;
. removal of existing bridge and construction of a wider bridge; and,
. excavation of approximately 66,000 cy of rocky bottom to attain bottom elevation of -10
feet NGVD.
It should be noted that current state-of-the-art bridge designs do allow for a 300' +/- single span
structure, however, it would come at a relatively high cost compared to other design solutions.
This is discussed in more detail in section 7.1.7 below.
7.1.5 Channel Widening (200' Southerly Expansion - 10' Deepening) - Modeled Alternative 5
Adding to the 200-ft widening outlined in the previous alternative, a concurrent deepening of the
channel by 10 feet from an average of -10 feet NGVD to an average of -20 feet NGVD was
56
. ClTYOF
BOYNTON BEACH
South Lake Worth Inlet
Feasibility Summary Report
~
investigated. This option is primarily an evaluation of the sensitivity of tidal exchange to changes
in depth and was not envisioned to have a tangible impact on navigation safety. except for a
potential minor reduction in current velocities.
The structural requirements for an expansion of the inlet to the south by 200 feet are outlined
above. The deepening associated with this alternative would required excavation of an additional
226,000 cy of mostly rock substrate (total estimated for this alternative is 292,000 cy of rock and
45,000 cy of sand).
7.1.6 South Jetty (Southerly Shift)
A shift in the south jetty seaward of the bridge is presented as an alternative to address
navigation safety. A southerly shift in the jetty's current location by 50 feet or more would provide
additional space for maneuvering through one of the most difficult spots in the inlet - still barely
meeting a minimum 150-ft wide channel recommended for navigation. Additionally, the shift
would also lessen the degree of turning required, improve lines of sight, and may reduce current
velocities within the widened channel section.
This option would not necessarily require reconstruction of the existing bulkheads or bridge, but
would require removal of the existing jetty structure, construction of a new jetty, and excavation of
approximately 10,000 cy of sand and rock (for a 50-ft shift).
7. 1. 7 Bridge Considerations
Currently the bridge has a limiting clearance of approximately 18 feet at Mean Sea Level (MSL).
This is not considered a navigation safety hazard, rather a restriction to navigation that limits the
size and type of vessels that can transit the inlet. Specifically, vessel types that are commonly
restricted from the South Lake Worth Inlet include nearly all classes of sailboats, (50-ft plus)
sportfishers with fixed outriggers and flying bridges, and general yachts that exceed 60 feet in
length. There have been many observed cases of contact between bridge and vessel
superstructures resulting in damage to VHF antennae, radar arrays, bimini tops, fiberglass hard
tops, etc.
For every inlet modification alternative proposed in this study there are a range of bridge
replacement options. Three options that can potentially reduce or remove the height restriction of
the inlet include: removal of the bridge without replacement, replacement with a drawbridge. and
replacement with a higher fixed-span bridge.
The "no bridge" option would be the easiest to implement and would cost the least amount if
changes were to be made. There are many inlets in South Florida that do not have bridge
crossings, however, S.R. A1A is a highly utilized road that is recognized as an emergency
evacuation route.
57
. Cll'Y OF
" BOYNTON BEACH
South Lake Worth Inlet
Feasibility Summary Report
~
A new drawbridge is perhaps the most complex solution. It would alleviate the height restriction,
however, it is felt that the limited standby area and likely bridge opening schedule would not suit
this inlet. Inbound vessels would have to wait in the open ocean, potentially having to contend
with rough weather conditions and other vessels attempting to transit during the opening. This is
potentially a more dangerous scenario that what exists today. Additionally, the cost for
construction and maintenance would be high relative to other bridge options. If not properly
maintained, the drawbridge may present issues/obstacles for both boat and car traffic if
inoperable.
A new fixed-span bridge is seen as a middle-of-the-road alternative compared to the other bridge
options. Any change to the inlet geometry would likely require replacement of the bridge. A
single span bridge could be designed with a greater clearance than what is currently in operation,
however, it would cost on the order of $50M to $100M and require special planning and
consideration of FDOT rights of way, maximum allowable inclines, and other transportation
planning issues. On the other hand, a fixed-span bridge with multiple supports that are spaced
wide enough for vessel navigation should be considered, with the same clearance and ROW
issues previously outlined. If feasible, the minimum clearance requirement for the bridge should
be raised.
7.2 Non-Structural Alternatives
Non-structural alternatives can be implemented in concert with or independent of structural
alternatives and include the following.
7.2.1 Ebb Shoal Dredging and Bypassing
Breaking waves on the ebb shoal have been identified as the primary reason for inlet-related
boating incidents. Controlling water depths over the ebb shoal can be as low as 4 to 6 feet,
inducing relatively small waves (4 ft high or less) to break when passing over the top of the shoal.
Periodic maintenance dredging of the ebb shoal bar would help alleviate this condition during
marginally poor sea conditions. It is thought that by maintaining a minimum controlling depth of 8
feet over the ebb shoal that the inlet's navigability would improve significantly, except during
periods of sustained high winds where local offshore sea conditions include wave heights
exceeding 5-6 feet. Per statistical wave data for the area, wave heights between 3 and 4 feet
occur on average 17.3% of the time (Figure 12). Similarly, wave heights between 5 and 6 feet
occur roughly 3.4% on average. Increasing the controlling water depth on the ebb shoal to 8 feet
could potentially improve navigation conditions as much as 14% on average.
However, it is important to note that small craft advisories in Florida are locally issued under
different marine conditions. This means that while conditions may be improved by dredging the
58
. ClTYOF
BOYNTON BEACH
South Lake Worth Inlet
Feasibility Summary Report
~
ebb shoal bar, this will not make overall boating conditions safer. Typically when offshore wave
heights exceed 5 to 6 feet small craft should be advised not to navigate through the inlet or in
open ocean waters.
7.2.2 Navigation Lighting and Channel Markers
Improvements to lighting, especially on the outer ends of both jetties, as well as the ends of the
western ends of the training wall and Bird Island wall would assist in night-time operations.
Dedicated channel markers are not seen as necessary for the inlet as the inlet structures
themselves are the channel boundaries. Lagoon areas outside of the inlet throat may experience
shoaling to a degree and problematic shoals should be marked appropriately.
7.2.3 Adverse Conditions Warning System
Situational awareness is probably the most important element for boating safety. Planning a boat
trip should begin with an understanding of the local weather and sea conditions both at the time
of expected departure and through the duration of the trip. Weather conditions can quickly
deteriorate and catch boaters unprepared.
Marine forecasts continuously updated and published online by NOAA for stretches of coastline
are valuable. Additionally, VHF weather channels and newer satellite-fed radio and television
streams, announcing local weather and sea conditions are available and should be monitored.
Inlet conditions in Palm Beach County can be seen through web-cam sites operated by the
County (http://WWIN.co.palm-beach.fl.us/webcams/slwil). although the clarity of the images do not
always provide an accurate picture of poor conditions and occasionally the system is not
operating correctly.
An adverse conditions warning system would be a potential benefit to inlet users. The warning
system would simply consist of signage and a set of flashing lights at the western entrance of the
inlet. When a local small craft advisory is issued for the area, the lighting system could be
activated. Signage would explain that when activated, the flashing lights mean that conditions
are hazardous and vessels operators should take caution and/or avoid traversing the inlet. The
same warning system could be linked to the County web-cam site with a warning message
flashing on the screen. This type of system would likely deter smaller vessels and help inform
boaters who may otherwise attempt a trip without being cognizant of sea conditions,
7.2.4 Boater Education
There are numerous boater education programs supported by the U.S. Coast Guard / Coast
Guard Auxiliary, State of Florida, Palm Beach County, national organizations such as the National
Marine Manufacturer's Association, GrowBoating.org, DiscoverBoating.com, Marine Industries
Association, etc. The U.S. Coast Guard and Coast Guard Auxiliary offer boater safety courses
and inspections. The Florida Fish & Wildlife Conservation Commission provides a great deal of
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information for boating safety, as well as educational grants to municipalities, counties and other
organizations under the Florida Boating Improvement Program. NMMA and other private marine
industry associations provide free consumer safety information and links to other boating safety
programs.
Increased boater education may be accomplished by focusing on inlet users. Specifically, the
City-owned boat ramp immediately west of the inlet is highly utilized by local boat owners.
Providing pamphlets or flyers on boating safety, along with explanations of how to assess sea
conditions before going out on the water and how to avoid problems navigating inlets may result
in fewer inlet-related incidents. Similar educational material can be provided to local boat owners
through the various marinas, boat dealers, and dry stack facilities in the area. If the adverse
conditions warning system is implemented, it should be formally announced and advertised as a
tool for boaters.
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Figure 20 - South Lake Worth Inlet Structural Alternatives
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8.0 Ranking of Inlet Modification Alternatives
In order to evaluate all of the potential alternatives for modifying the inlet, a method of weighting
or ranking each alternative is necessary. The following criteria were established for ranking inlet
modification alternatives as described in Section 7.0:
8.1 Naviqation Safety
The inlet's current configuration is not adequate for safe navigation. The limited width, restricted
line of sight, and presence of the ebb shoal are three factors that pose threats to boaters who use
the inlet even though it is not officially a navigable inlet. One of the primary focuses of this study
is to try to determine how the inlet can be made safer for vessels and as such this is one of the
criteria used to rank the alternatives.
8.2 Laqoon Water Quality
Water quality in the Lake Worth Lagoon has become a topic of concern over the past few years
with increasing awareness of pOllution and programs being established to both study and
enhance the Lake Worth Lagoon estuary. This issue is acknowledged as being one of the
catalysts for this study and the results of the alternatives assessment will be ranked according to
the level of improvement to the lagoon's water quality afforded by each alternative.
8.3 Permit-Ability
Implementation of any alternative will require permitting approvals. Any proposed modification to
the inlet will induce some level of change or impact to the environment and operating conditions
of the inlet. The permit-ability of each option is ranked in order of the level of difficulty anticipated.
Some cases may not require extensive review and approval for permitting while others may not
be feasible from a permitting perspective. Those that are not deemed permit-able may be
eliminated for this reason alone.
8.4 Environmental Impacts
Outside of the impacts to lagoon water quality and related to permit-ability are the environmental
impacts associated with each alternative. Direct impacts to upland and marine resources, as well
as indirect impacts will take place - some positive and some negative. For instance,
improvements to water quality within the lagoon through an increase in the width and depth of the
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inlet will have direct impacts associated with the removal of additional beach and hardbottom
habitats plus an increase in the amount of lagoon water (sediments, runoff, nutrients. etc.) finding
its way offshore. Care must be taken to consider the various types of habitats that will be directly
and indirectly impacted and to balance benefits with negative impacts to avoid a net reduction in
overall environmental quality.
8.5 Other Secondary Impacts
Public access and loss of County-owned property are two chief concerns that fall under this
category. Additionally, impacts to sediment transport patterns that would, in turn, affect
significant shoreline responses (erosion) would fall also under this category. Lastly, storm surge
(flooding) and emergency evacuation are included under this topic as secondary impacts.
8.6 Costs and Construction Timeline
As with any large scale public project, cost and timing are critical issues. Order-of-magnitude
construction cost estimates are outlined under Table 10, along with estimates for required
construction time. It is envisioned that all alternatives would not result in a complete closure of
the inlet to boating traffic. However, prolonged restrictions on access may be required and could
potentially have a negative impact on local business owners who rely on the inlet.
8.7 Overall Effectiveness
The overall effectiveness of each option is to achieve the goals of the study without creating
insurmountable issues. This ranking is computed by taking an average of all other ranking
criteria.
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Table 10 - Construction Estimates
Mobilization/Demobilization 600,000 1 ,200,000
bulkhead demolition $150,000 $250,000
south jetty demolition $108,000 $180,000
bridge demolition $500,000 $1,000,000
upland / beach excavation $50,000 $100.000
rock excavation $1,880,000 $3,760,000
new bulkhead $600,000 $875,000
new south jetty $750,000 $1,500,000
Mobilization/Demobilization 00,000 30 days
bulkhead demolition $195.000 60 days
south jetty demolition $108.000 60 days
bridge demolition $500,000 60 days
training wall demolition $61.500 30 days
upland / beach excavation $225,000 30 days
rock excavation $1,320,000 120 days
new bulkhead $600,000 90 days
new south jetty $750,000 180 days
north jetty extension (325 If) $1,500.000 180 days
new training wall $369,000 90 days
Total 18 months
Mobilization/Demobilization 6 ,00 1, 0 ,
bulkhead demolition $195,000 $325,000
south jetty demolition $108,000 $180,000
bridge demolition $500,000 $1.000.000
training wall demolition $61,500 $123,000
upland / beach excavation $900,000 $1,800,000
rock excavation $5,840,000 $11,680,000
new bulkhead $600,000 $875,000
new south jetty $750.000 $1,500,000
north jetty extension (325 If) $1,500,000 $2,500,000
new training wall $369,000 $615,000
0181
Mobilization/Demobilization
south jetty demolition
upland / beach excavation
rock excavation
new south jetty
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9.0 Viable Alternatives and Recommendations
In order to evaluate each alternative and rank all according to the criteria established for this
study, a quantitative approach employing a ranking matrix was developed. Each alternative was
reviewed and given a ranking between zero and six - with zero representing a highly unfavorable
condition, three representing a neutral or no change condition, and six representing a highly
favorable condition. Intermediate numbers represent varying degrees of favorability.
Table 11 outlines the results of the ranking of the inlet modification Alternatives 1 through 6. For
this study the options for the bridge are not included in the ranking analysis as it has no direct
bearing on the water quality and a relatively small influence on the navigation safety of the inlet.
The following sections highlight specific discussion points that led to the ranking of each
alternative. Additional discussion sections are provided to address the bridge and other non-
structural alternatives developed as part of this study. Lastly, the importance of stakeholder
support cannot be understated for this project. It is anticipated that the results of this study will be
presented to all stakeholders and that in order for any project to move forward support from key
stakeholders will have to be gained through close and continued communication and coordination
efforts.
9.1 No Action - Status Quo
The No Action or Status Quo option does not require any changes, hence does not induce any
changes to the current state of the inlet and surrounding areas. For this reason it does not
accomplish any of the goals of the study. The alternative, however, ranks well in terms of cost
and ability to implement.
9.2 Channel Deepeninq - Modeled Alternatives 1 & 2
In an attempt to improve flushing without having to reconstruct the existing inlet structures, a
deepening approach was taken. Alternatives 1 and 2 modeled during this study propose to
deepen the existing bottom from roughly -10 ft NGVD to -15 ft and -20 ft NGVD, respectively.
The results of the hydrodynamic modeling indicate that the average peak current velocities for
Alternative 1 (-15 ft NGVD) would be around 1.9 m/s (6.2 fps) for the ebb and 2.0 m/s (6.6 fps) for
the flood tide cycle. The same results for Alternative 2 (-20 ft NGVD) indicate a small decrease in
peak ebb velocity to 1.8 m/s (5.9 fps) and no change in peak flood. Because of the relatively
narrow channel width, deepening of such a small cross-section does not significantly alter the
hydraulic characteristics of the inlet. The reductions in peak velocities also do not significantly
enhance maneuverability and safety in the inlet.
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Changes to water quality in the lagoon through the inlet can be accomplished through increases
in the amount of water exchange during each tidal cycle. For this reason, changes in tidal prism
were quantified. The overall water exchange through the deepened inlet will result in a 34%-37%
increase in the tidal prism for Alternative 1 and 64%-66% increase in tidal prism for Alternative 2.
However, the relationship between tidal prism and flushing is not linear. As indicated by the
hydrodynamic model, Alternative 1 would increase flushing by 9% over the existing conditions
(from 52% volume exchange in 4 days for existing conditions to 65% for Alternative 1 conditions).
Alternative 2 would result in a 19% improvement in flushing over the existing conditions (up to
71 % volume exchanged in 4 days).
While the relative improvements in flushing are seen to be significant, only qualitative judgments
can be made. More detailed studies focused on specific pollutants would be required to quantify
net improvements and their expected improvements to lagoon water quality. The model utilized
for the flushing analysis in this study can be expanded and/or adapted to evaluate specific water
quality parameters. However, this would only be recommended for viable alternatives (those not
ruled out for other reasons and are possible to implement) as it is involves a higher level of effort
(time and cost).
As described in Section 4 of this report, increases in cross-sectional area and tidal prism for inlets
tend to increase the size and therefore the storage potential of the associated ebb and flood
shoals. Alternatives 1 & 2 would have this effect, the extent of which mayor may not be
manageable through adjustments to the operation of the fixed bypass plant alone.
Per Table 10, the estimated construction costs for Alternatives 1 & 2 are $2.18M and $3.10M,
respectively. Alternative 1 is expected to require a 4 month construction window (not including
permitting) to complete while Alternative 7 is projected to require 7 months to complete.
9.3 Channel Wideninq (50' Southerlv Exoansion - 10' Deeoeninq) - Modeled Alternative 3
As described in Section 7.1.3, widening the inlet by 50 feet to the south was evaluated as a
minimum offset for navigation safety, with a 10-ft deepening (to -20 ft NGVD) of the channel to
enhance flushing. The results indicate the following hydraulic changes:
. Reduction in average peak ebb and flood current velocities to 1.7 m/s (5.6 fps);
. Increase in tidal prism by 92%-93% over the existing conditions; and,
. Increase in volume of water exchanged in four days by 21 % over existing conditions
(change from 52% for existing to 73% for Alternative 3). (Note that this represents only a
2% improvement over deepening of the existing channel to -20 ft NGVD).
Wave modeling results indicate that wave heights will generally decrease within the deepened
channel areas generally by 20%, while localized increases in wave height by as much as 30%
may occur during the peak ebb flow at the end of the channel cut. The increase is directly
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attributed to the steep transition from -20 ft NGVD (in the channel) up to surrounding elevations
that would be close to -10 ft NGVD which would force currents to accelerate vertically, "jacking"
waves above their typical peak heights. This means that for a wave that would typically be 4 feet
in height, would grow to more than 5 feet. This localized effect is critical and may present issues
to navigation safety if the end of the cut is located beyond the sheltering effect of the end of the
north jetty (as modeled).
The proposed cross-sectional area for Alternative 3 is roughly 3,000 sf (150 ft wide by 20 ft deep)
and following the example set in Section 4 of this study, could potentially more than triple the
current size of the ebb shoal. This cannot be countered through the fixed bypass plant, even with
the proposed improvements. Instead, a focused strategy to either bypass sand from the ebb
shoal as it grows will be required or additional material will have to be pumped in from offshore
borrow sites. This would increase the volume and/or frequency of required nourishment cycles,
an activity managed by the County and partially funded by the Federal Government. If the ebb
shoal were not excavated, the growth in shoal area would eventually present additional
navigation issues.
The estimated cost of this alternative is approximately $8.86M and is estimated to take 16 months
to complete. Compared to Alternative 2, this is over $5.76M and will take 9 months more to
accomplish (for only a 2% gain in flushing). This does not include the time and expense for
replacing the bridge which would otherwise remain in place under Alternatives 1 and 2
From a permitting standpoint, Alternative 3 will be more difficult to permit than Alternatives 1 and
2. In general, the larger the physical change, the more impacts to existing environmental
resources (seagrass, hardbottom, etc.) and management and higher level of difficulty in
permitting. A relatively small loss in County-owned property and public access would also result
from the southerly expansion of the inlet. As there is obvious real estate and public access value
in the property, this is an issue that must be discussed with local stakeholders before ruling out.
The biggest gain associated with Alternative 3 is the added width that would provide much
needed clearance and improved sight lines for vessels navigating through the inlet.
9.4 Channel Wideninq (200' Southerlv Expansion - No Deepeninq) - Modeled Alternative 4
To help understand the range of solutions, a maximum expansion scenario comprised of
widening the inlet by 200 feet was evaluated. Widening by this amount would enlarge the inlet to
a point that would offer more than enough space for safe navigation of two-way traffic, but was
also felt to be 'vA/ide enough to lovJer currents to a point that vv'ould be more manageable 'while at
the same time having a significant impact on flushing in the lagoon.
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The results of the flushing analyses for this case are as follows:
. Reduction in average peak ebb and flood current velocities to 1.5 m/s (4.9 fps) and 1.7
m/s (5.6 fps), respectively;
. Increase in tidal prism by 80% to 84% over the existing conditions (note that this is a
decrease from Alternative 3 by 11 %-12%); and,
. Increase in percent of water exchanged by 63% over the existing conditions (note that
this is a 10% decrease in the water exchange by Alternative 3).
General results from the wave modeling indicate overall reductions in wave heights at the mouth
of the inlet, except in areas where the existing conditions are dry land and the proposed
Alternative 4 conditions reflect water (within the 200-ft expansion area). Noteworthy are the
increases in wave heights experienced within the entrance channel during E and ESE wave
cases where wave heights within the throat of the channel increase between 20% and 40%.
While an increase in the throat would be expected, the results of the model are felt to be
conservatively high and may be influenced by model boundary conditions.
The increase in cross sectional area is the same as that of Alternative 3 at 3,000 sf +/- (300 ft
wide by 10ft deep). The same issues and ramifications exist for the ebb shoal as outlined for
Alternative 3 above, perhaps to a lesser degree as the overall tidal prism is slightly smaller for
Alternative 4 (due to a relatively higher friction effect associated with the channel cut geometry).
While the increase in flushing compared to the existing conditions is desirable, the results are
inferior compared to those of Alternative 3 - widening the inlet by 50 feet and deepening by 10ft
(to -20 ft NGVD). The cost of Alternative 4 is estimated to be around $11.41M, roughly $2.55M
more than Altematively 3. At 18 months the estimated time of construction is only 2 months more
than what is estimated for Alternative 3.
The additional width of the inlet would require the loss of roughly 2.7 acres of County property, as
well as the removal of the existing training wall and the construction of a replacement wall.
Environmental impacts required for construction of this alternative would be extensive and difficult
to permit for the following reasons: 1) hard bottom, seagrass and other direct impacts would
occur within the 200-ft offset, 2) the existing sand trap falls within the 200-ft offset and would have
to be relocated, resulting in increased impacts for a new sand trap, 3) the potential growth of the
ebb shoal induced by the increase in tidal prism would require special consideration by beach
planners, and 4) there is a potential for increased impacts to offshore reef through the increased
discharge of lagoon waters through the inlet.
9.5 Channel Wideninq (200' Southerlv Expansion - 10' Deepeninq) - Modeled Alternative 5
The most aggressive modification proposed for this study involves a 200-ft southerly expansion
and a deepening of the existing and expanded inlet cut to an average bottom elevation of -20 ft
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NGVD. While the added depth does not notably improve the navigation safety conditions over
that of "Alternative 4" for the current vessel types that utilize the inlet, modifications to the bridge
may allow for larger vessels to access the lagoon. Refer to section 9.6 below for a discussion on
bridge height limitations and potential issues associated with increasing the maximum vessel size
that can access the lagoon through the inlet.
The results of the flushing analyses for this case are as follows:
· Reduction in average peak ebb and flood current velocities to 1.0 m/s (3.3 fps) and 1.2
m/s (3.9 fps), respectively;
· Increase in tidal prism by 126% to 133% over the existing conditions; and,
· Increase in percent of water exchanged by 70% over the existing conditions (note that
this is a 3% decrease in the water exchanged by Alternative 3).
The reduction in average peak current velocities to less than 4 fps is significant improvement from
a navigation safety perspective, yet it is high enough to be self scouring (greater than 3.0 fps) and
will not close due to sedimentation.
The wave modeling generally shows decreases in wave heights across the mouth. However,
more wave energy is shown to propagate into the throat of the inlet and onto the southern
shoreline. Because the southern stretch of shoreline is protected by the ebb shoal, continuously
nourished by sand bypassing, and reinforced or protected by the groin field, this is not felt to be a
concern unless the ebb shoal bar were drastically reduced allowing large waves to reach shore.
The cross-sectional area of this alternative is the largest of all at 6,000 sf (300 ft wide by 20 feet
deep). It is felt that the level of change to the ebb shoal that may result from this will be a
challenge, presenting significant issues in planning, permitting, and managing. Environmental
impacts and other beach management concerns are the same as those outlined under Alternative
4.
The estimated cost for this alternative is high at $21.8M and will require approximately 20 months
to complete. Note that as with all of these examples, the removal of the existing bridge is
included, however, the cost and time to construct a new bridge is NOT included.
While Alternative 5 would be one of the safest inlet configurations by far, there are many
challenges that would arise in trying to implement this option
9.6 Ebb Shoal Dredqinq - Modeled Alternative 6
Through reviews of available records and interviews with first responders such as the County's
lifeguards and Sheriffs Marine Enforcement Unit, the largest cause of boating incidents at the
inlet are associated with breaking waves on the ebb shoal bar. While offshore conditions may be
manageable for small craft, the controlling water depths over the ebb shoal bar are shallow
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enough to induce waves that are 4 ft +/- and greater in height to begin breaking. Inexperienced
boaters, and occasionally even experienced boaters, can easily be caught off guard and unaware
of the conditions over the bar.
For this study, it is felt that a small increase in water depth would greatly assist during marginal
wave conditions (wave heights up to 4 ft +/-). The wave model study assessed an increase in the
average bottom elevation to approximately -8 ft NGVD with positive results. Per statistical wave
data for the area, wave heights between 3 and 4 feet occur on average 17.3% of the time (Figure
12). Similarly, wave heights between 5 and 6 feet occur roughly 3.4% on average. Increasing
the controlling water depth on the ebb shoal to 8 feet could potentially improve navigation
conditions as much as 14% on average.
While this is an improvement to navigation safety, it will not improve conditions when wave
heights begin to exceed 5-6 feet. These are conditions when small craft advisories are in effect
for offshore boating and attempts to exit the inlet should not be made.
It will also require logistical consideration in terms of implementation. Ideally, ebb shoal dredging
could be combined with other (county and federal) nourishment programs to provide an added
benefit to local beaches. It is estimated that roughly 100,000 cy of sand would be excavated and
available for nourishment from the ebb shoal if a portion of the bar were reduced to -8 ft NGVD.
Lastly, the increase in average water depth over the ebb shoal will reduce the effective
dissipation of wave energy approaching the shoreline. This is not seen to present concerns
about increased erosion as the section beach that would be impacted (south of the inlet) is
continuously nourished through bypassing sand from the north (fixed plant) and is protected by
the groin field that extends south of the influence of the bypass bar.
9.7 Shift in South Jetty (50-ft Southerlv Shift)
In an attempt gain a minimal buffer for navigation through seaward entrance of the inlet (east of
the bridge, a 50 ft shift offset of 380 feet of channel/jetty is proposed. This will widen the channel
to roughly 150 feet wide - the minimum recommended for two-way vessel traffic given the current
vessel sizes that utilize the inlet. The offset will not only provide more room for navigation but will
also improve line of sight for smaller vessels.
The estimated cost of essentially shifting the jetty (tearing out the old, digging the additional
channel width, and building a new structure) is roughly $2.59M and will require an estimated 10
months to construct.
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Table 11 - Alternatives Ranking Matrix Summary
Ranking Criteria (Scale 0 to 6: 0 being highly unfavorable, 3 being neutral or no change, and 6 being
highly favorable)
Lagoon Water
Environmental
CosU
Overall
Impacts
Quality
Impacts
Safety
Total
Permit-ability
Time
Effectiveness
Points
Ranking
Physical (Structural) Options:
Inlet
Status Quo
Inlet Deepening (5')
4
:\
3.2
,~.>'
16.8
4
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This alternative will have some permitting challenges associated with the widening and impacts to
resources. It will not have any improvements to lagoon water quality as it does not alter the
hydraulic characteristics of the inlet. Lastly, it should induce only minor changes in wave fields
and not have any impact on sediment transport patterns.
9.6 Bridae Considerations
Currently there are no plans to rehabilitate or replace the bridge crossing South Lake Worth Inlet.
As such, all plans that would require a modification to the bridge would require close coordination
with FDOT to develop such plans. Without any plans on the horizon for the bridge there is not
likely any dedicated funding source and approvals are seen to be very difficult to obtain.
If a project were to move forward that included a modification to the bridge, there are several
approaches that could be taken. The first would be removal of the bridge without replacement.
This is the least costly method and would provide unrestricted access to vessels. The biggest
drawbacks would be the disruption of traffic, public access, and alteration to an emergency
evacuation route utilized by the local residents in the Towns of Ocean Ridge and Manalapan.
The second option would be replacement of the bridge with a drawbridge. Boca Inlet is an
example of this, however, the standby area is well-protected and currents are lower through that
inlet. The high currents and direct exposure would create a difficult and dangerous situation for
vessels waiting to enter from offshore. Additionally, drawbridges are relatively expensive when
compared to similarly sized fixed bridges, and can be prone to mechanical failure and disruption
of traffic if not properly maintained.
The third option is construction of a higher, fixed span bridge. There are limitations to a single
span bridge and the gain in elevation clearance would require reconsideration of the existing
FDOT rights of way. Even if the height limitation of the bridge were removed, there are practical
limitations to the maximum vessel size that would be able to enter and traverse this section of the
Lake Worth Lagoon. Those limitations would be dictated by limiting water depths inside of the
lagoon itself. The ICW is maintained to an average bottom elevation of roughly -10 ft NGVD and
access to most private slips and public marina facilities are depth-limited with less than 10ft
being common.
Another issue related to increasing the maximum vessel size would be increased pressure to
deepen existing access channels to accommodate larger vessels in both privately-owned slips
and public marina facilities. Compared to the current demand for public slips and trends that are
privatizing docking facilities, there is a shortage of spaces available for public use. This yields a
third issue - a potential shift to favor larger slips. Development along the Lake Worth Lagoon is
nearly 100% saturated with no real potential for a new large public marina facility to be built. As
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such, if existing facilities were to redevelop to accommodate larger vessels within the same
property limits, the total number of slips would have to drop, further reducing an already limited
supply.
In contrast, however, there are potentially significant economic benefits associated with
improvements to access through the South Lake Worth Inlet. As described in Section 4.5 the
estimated economic benefit of the marine industries in Palm Beach County is on the order of
$1.9B (FIND, 2006). Improvements to access through the inlet would increase this. Furthermore,
increases in real estate value and related tax bases would also likely be realized with
improvements to access.
9.7 Non-Structural Alternatives
Non-structural alternatives listed earlier in this study include the following:
· Adverse Conditions Warning System;
· Additional Navigation Aides; and,
· Boater Education Programs.
Since these are not seen to have any adverse impacts, do not require permitting, and do not cost
a great deal (relative to structural alternatives) they should be easy to implement and should be
investigated further.
Periodic ebb shoal dredging is another non-structural alternative that is felt to have benefits to
navigation safety and beach management. Because the County owns the surrounding property
and manages the inlet and adjacent beaches, this option should be pursued further through
appropriate County representatives (ERM and others). The best approach would be to
incorporate the ebb shoal maintenance into the periodic beach nourishment program,
accomplishing both an increase in safety and providing an additional source of beach sand
outside of the dedicated offshore borrow site.
9.8 Stakeholder Feedback
The City of Boynton Beach held a public workshop on August 8, 2007 to provide brief background
and introductory remarks regarding the goals of the study. The workshop also solicited public
feedback and comments on the inlet in the form of open dialogue and a survey form. The survey
form was comprised of a series of directed questions regarding the current condition of the inlet
and desirable changes to the inlet. A series of tables were also included that allowed
respondents to rank various issues (navigation safety, lagoon water quality, etc.) and possible
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inlet modifications (improved lighting, widening, deepening, etc.) in accordance with their
perceived level of importance.
The survey form was made available immediately following the August workshop and was also
posted on A TM's web-site. As of October 8, 2006, only eight completed survey forms were
received. While this is not enough to perform any valuable statistical analyses, general points
from the surveys are as follows:
. Navigation Safety was consistently ranked as an issue of importance for the inlet.
. Lagoon Water Quality varied from low to high as an issue of importance.
. Bridge Clearance ranked between low and medium as an issue and proposed
modifications to the bridge were seen as Undesirable or Neutral.
. Beach impacts and maintenance of the inshore/offshore bars ranked medium to high in
importance and maintenance of the bars was generally ranked as desirable.
. Proposed improvements to navigation lighting were generally seen as desirable.
. Proposed widening and deepening of the inlet was generally seen as neutral or
undesirable (only one response was desirable for this action).
A second workshop presenting the findings of the study to members of the Inlet Steering
Committee was held on November X, 2007 during which the results of the studies herein were
made. Feedback on the results and recommendations were solicited with the following key
issues being raised:
.
9.9 Fundino Alternatives
There are several funding sources that could potentially grant support to an inlet improvement
project. The largest single source may come from the Florida Inland Navigation District's
Waterway Assistance Program, having supported over $18M in improvements to navigation over
the years (htto://www.aicw.oro/wao/wao.htm). Other potential sources of funds may be the
National Boating Infrastructure Grant Program (htto:/lmvtwc.com/boatin%rants/bioo.htm) and the
state's Florida Boating Improvement Program (htto://mvtwc.com/boatin%rants/fbiD.htm). Lastly,
there is a federally-backed Recreational Boating Safety program that would be administered
through the U.S. Coast Guard (htto://www.uscoboatino.or%rants/state/rbs.htm).
It should be noted that this study was funded by the South Florida Water Management District
through a grant to the City of Boynton Beach.
74
. CITY OF
BOYNTON BEACH
South Lake #torth Inlet
Feasibility Summary Report
~
9.10 Recommendations
In general, this study looked at a full range of potential inlet modifications, ranging from small to
large in scale and complexity. Each alternative was developed with one of two key goals in mind:
1) improve lagoon flushing and water quality and 2) improve navigation safety through the inlet.
As a whole, the results of the study did indicate that structural improvements could be
implemented that would improve both the water quality of the lagoon and the safetylnavigability of
this inlet. Increases in the channel width and depth produced the greatest benefits. This study
further suggests that there would be significant economic benefits to these alternatives and these
net economic benefits may be on the order of or even exceed project costs.
Major structural alternatives, however, represent major capital projects and other significant
hurdles. The major issues identified within this study include the following:
Environmental Impacts: Improvement to the lagoon may come at an even greater cost
corresponding to increases in nutrient loads to nearshore reefs. The net environmental
benefit of improving a degraded waterbody (lagoon) over impacting a fairly untouched
resource (offshore reef) is not fully understood at this time and therefore is a concern.
Coastal Impact: Channel improvements would result in increased potential for sand
storage by ebb shoal ranging on the order of several million cubic yards of sand. This is
a potential for a major impoundment of sand within the shoal system that has the
potential for significant downdrift impacts. The existing federal project and sand
bypassing regime is likely insufficient to make up this loss to the downdrift coastal system
Bridge issues: With the exception of the deepening only scenarios, all structural
modifications requiring a widening of the inlet will require a new bridge. Given that FOOT
currently has no plans for replacing the existing S.R. A 1 A bridge, this is a lengthy and
costly undertaking to be added.
Loss of Park Property and Public Access: The property surrounding the inlet is owned
and operated by Palm Beach County. The loss of property for any inlet expansion would
come at a cost to valuable real estate and public access.
Costs - Overall costs associated with significant alterations to the inlet are high and there
currently are limited funding sources available.
Collectively these issues represent a significant impediment to the approval and implementation
of any major inlet modification.
A matrix was developed using a scale from 0 to 6 to rank each inlet modification alternative
according to favorability (0 being highly unfavorable, 3 being neutral or no change, and 6 being
75
. arYOf
. BOYNTON BEACH
South Lake Worth Inlet
Feasibility Summary Report
~
highly favorable. Six ranking criteria were evaluated, including: Permit-ability; Environmental
Impacts; Lagoon Water Quality Impacts; Safety; CostlTime; and, Overall Effectiveness. As
shown in Table 11 each alternative was ranked according to each of the six criteria, then the total
for each alternative was added together to formulate an overall ranking of viability. Based on the
results of the ranking matrix outlined in Table 11, structural alternatives fall into the following
order from highest ranked (more viable) to lowest ranked (less viable):
1. No Action/Status Quo - This option ranked high simply because it does not suffer from
having to seek permitting or funding approvals, and implementation is a forgone
conclusion. However, this option does nothing to accomplish the goals of the study,
hence was penalized on overall effectiveness.
2. Deepening Alternatives 1 & 2 and Ebb Shoal Dredging - Three options ranked the same,
including both deepening alternatives and the ebb shoal dredging option. Both
deepening Alternatives 1 & 2 share similar challenges with slightly different advantages
and disadvantages. Both would present nearly identical permitting issues mostly related
to additional impact to existing hardbottom resources in and around the inlet. Alternative
1 requires less money and time to implement but does not provide the flushing
improvement that Alternative 2 offers. Lastly, neither deepening alternative really
addresses navigation safety issues. Maintenance dredging of the ebb shoal would
perhaps be the single most important improvement to the inlet for navigation safety. The
difficulties of maintenance dredging really present themselves in permitting and funding.
3. Shift in South Jetty (50-ft Southerly Shift) - The shift in the southern jetty would not
achieve an improvement in water quality, but would provide for a safer inlet for boating.
The cost versus benefit of this option should be carefully weighed as the amount of
money and time to construct is not insignificant, and the majority of recorded boating
incidents occur on the ebb shoal bar rather than in the throat of the inlet.
4. Widening/Deepening Alternatives 3, 4 & 5 - All three widening and deepening
alternatives present varying degrees of difficulty in permitting. They also require a
change to the existing bridge, removal and replacement of the southern bulkhead and
jetty, and loss of County property. All three of these alternatives rank high in
improvements to lagoon water quality and navigation safety, which satisfy the primary
goals of this study. The overall effectiveness of these options are offset by the
downsides in other potential environmental impacts, permitting, as well as costs and time
required for construction.
By this measure alone, maintaining the status quo does rank high but does not achieve any of the
desired improvements. Based solely on achieving improvements to lagoon water quality and
navigation safety, the widening and deepening alternatives would rank highest. However, the
76
. CITY OF
BOYNTON BEACH
South Lake Worth Inlet
Feasibility Summary Report
~
associated direct impacts to hard bottom and seagrass (including protected Johnson species), as
well as potential indirect impacts to nearshore reefs linked to increases in discharge of nutrients
and other pollutants from the lagoon, are a cause for concern at this point in time, Inlet
management is a continuous process and although major modifications may not be viable at this
time, at some future point in time, if lagoon water quality improves through ongoing stormwater
management and discharge / treatment controls, then such alternatives may become viable,
In terms of water quality, this study re-iterates findings of previous studies regarding the status of
the lagoon - namely, the key to improvement in water quality is treatment and control of source
inputs, The use of the inlet as a practical means of water quality improvement is questionable
given the potential for impacts to the nearshore hardbottom environment. The model which forms
of the basis of this study may be used to further address water quality issues in the lagoon
through future applications,
Regarding safety and navigability, there are a number of implementable options South jetty
relocation is conceptually viable, though the high cost may not justify the limited benefit. Ebb
shoal dredging is also viable but requires a funding and maintenance commitment by several
parties, most notably Palm Beach County. The results of the ebb shoal dredging are also short-
term and would require an ongoing commitment - the cost of which is not insignificant
If cost and time were unrestricted, then a combination of deepening the existing channel
(Alternative 1 or 2), the 50-foot southerly shift in the south jetty, and limited excavation of the ebb
shoal would provide a solution with improvements to lagoon flushing and navigation safety. The
level of change in lagoon flushing would be marginal and the increase in discharge outside the
inlet and onto nearshore reefs would need to be investigated further. The cost benefit of the shift
in the south jetty would also need to be better defined as investigations did not indicate this area
to be the source of biggest concern for navigation, Regardless, the existing width of the channel
is too narrow for safe two-way traffic and would benefit from a 50-ft minimal expansion
Non-structural options highlighted in Sections 7.2,2 - 7.2.4 are all seen as viable and implement-
able. Improvements to lighting, especially on the outer ends of both jetties, as well as the
western ends of the training wall and Bird Island wall would assist in night-time operations.
Dedicated channel markers are not seen as necessary for the inlet as the inlet structures
themselves are the channel boundaries. Lagoon areas outside of the inlet throat may experience
shoaling to a degree and problematic shoals should be monitored and marked appropriately.
An adverse warning system consisting of clear signage and flashing (yellow) lights to warn
boaters of "adverse boating conditions" is relatively cheap and easy to install at the inlet. Lights
and signs should be posted at the western entrance to the inlet to warn boaters before they enter
the constricted area within the throat The warning system should be tied to locally issued small
craft advisories, When a small craft advisory is issued, then the flashing lights should be turned
77
. CITY OF
, BOYNTON BEACH
South Lake Worth Inlet
Feasibility Summary Report
~
on. Signage would explain that when activated, the flashing lights mean that conditions are
hazardous and vessels operators should take caution and/or avoid traversing the inlet.
Additionally, the warning system can be linked to a simultaneous warning message posted on the
County's inlet web cam.
Increased boater education may be accomplished by focusing on inlet users. Specifically, the
City-owned boat ramp immediately west of the inlet is highly utilized by local boat owners.
Providing pamphlets or flyers on boating safety, along with explanations of how to assess sea
conditions before going out on the water and how to avoid problems navigating inlets may result
in fewer inlet-related incidents. Similar educational material can be provided to local boat owners
through the various marinas, boat dealers, and dry stack facilities in the area. If the adverse
conditions warning system is implemented, it should be formally announced and advertised as a
tool for boaters.
Implementation of any plan is a process that needs to be understood. The time it may take to
permit, design, bid and initiate contracts for construction will vary depending on the overall
complexity and size of the project. Before any action is taken, open dialogue with the Inlet
Steering Committee and the landowners must be initiated. Palm Beach County's Parks &
Recreation Department is the "property owner", and the County's Department of Environmental
Resource Management is responsible for maintaining the inlet and beaches. Thus any proposal
that would impact either the property or the operation of the inlet must be reviewed and approved
by the County. The Inlet Steering Committee includes representatives from various municipalities
and County organizations. The committee was organized as a collective body of representatives
who have a vested interest in the inlet. Feedback from the committee on the results of this study
was received during the November 2007 workshop.
The permitting process is likely to be the longest lead item leading to construction and for any of
the inlet expansion options (Alternatives 1 - 5) as it would require filing a Joint Coastal Permit
application (JCP). Key regulatory agencies that are likely to be involved in this process include
Florida Department of Environmental Protection, Florida Fish and Wildlife Conservation
Commission, State Historic Preservation Officer, Environmental Protection Agency, National
Marine Fisheries, and the U.S. Army Corps of Engineers. The application process for a complex
project such as this would require extensive studies, dedicated funding sources, and could take
several years to complete without any guarantee of approval. Similarly, maintenance dredging of
the ebb shoal would also require filing a JCP, but would not likely require extensive studies and
approval is more likely than for other, more impactive, structural alternatives.
The City of Boynton Beach may choose a single option or combination of alternatives outlined
herein for further investigation and should initiate a path forward by presenting this decision to the
Inlet Steering Committee.
78
. ClTYOF
BOYNTON BEACH
South Lake Worth Inlet
Feasibility Summary Report
~
References:
ASCE Manuals and Reports on Engineering Practice No. 50. Planning and Design Guidelines for
Small Craft Harbors. 1994.
American Sportfishing Association. Data & Statistics. Internet Source
( www.asafishina.ora/asa/statistics.htm ).
University of Florida. Hydraulic Study for South Lake Worth Inlet. Coastal Engineering Laboratory.
College of Engineering. April 1964.
Coastal Everglades Restoration Plan. Draft Lake Worth Lagoon Conceptual Ecological Model.
Appendix A. January, 2004.
Coastal Planning & Engineering, South Lake Worth Inlet Engineering Alternatives Analysis. July
1998.
Coastal Planning & Engineering, South Lake Worth Inlet Management Program. September
1998.
Coastal Planning & Engineering, South Lake Worth Inlet Management Program Update. January
2004.
Florida Fish & Wildlife Conservation Commission. Boating Incident Reports (2005 - 2006)
Florida Inland Navigation District. Update of the Economic Analysis of the District's Waterways in
Palm Beach County, December 2006.
Marine Industries Association of Palm Beach County. Economic Impact of The Marine Industry in
Palm Beach County. Internet Source (www.marinepbc.ora/paaes/impact.htm).
Olsen Associates. South Lake Worth Inlet Sand Management Plan. Technical Report.
December 31, 1990.
Palm Beach County Department of Environmental Resource Management, Seagrass Monitoring
in Lake Worth Lagoon. Final Cumulative Report for 2000 - 2004. March 2005.
Palm Beach County Department of Environmental Resource Management. Cumulative Report of
Seagrass Monitoring Conducted During 2001,2002 & 2003.. October 31,2003.
Palm Beach County Department of Environmental Resource Management. Understanding the
Lake Worth Lagoon. Pamphlet.
Palm Beach County Department of Environmental Resource Management. Lake Worth Lagoon
Monitoring Project. Final Report. Revised November 2003.
Palm Beach County Department of Environmental Resource Management. Lake Worth Lagoon
Management Plan Revision. May 2007.
Palm Beach County Department of Environmental Resource Management. Palm Beach County
Manatee Protection Plan. July 2007.
Palm Beach County Department of Environmental Resource Management. History of Palm
Beach County Inlets. Web Document. http://www.co.palm-
beach. fl. us/erm/enhancementllmaaes/PDF Documents/historv inlets.pdf
Recreational Boating and Fishing Foundation. Understanding the Relationship Between
Recreational Boating and Fishing Participation: A National Survey. Quick Facts. Internet Source
(www.rbff.orq).
Sun-Sentinel. Danger on Our Waters. Article. May 2, 2007. Writer: Leon Fooksman
USACE, EM 1110-2-1615. Hydraulic Design of Small Boat Harbors. 1984.
USACE, EM 1110-2-1100. Hydrodynamics of Small Inlets. 2006.
Villanueva, M. Palm Beach County Boat Study, University of Miami, Boating Research Center.
1994.
74
. ClTYOF
, BOYNTON BEACH
South Lake Worth Inlet
Feasibility Summary Report
~
Personal Communications:
D/S Tom McElroy, Palm Beach County Sheriff's Marine Enforcement Unit officer, October 2,
2007. (Telephone)
D/S Travis Keene (#6343), Palm Beach County Sheriff's Marine Enforcement Unit officer,
October 2, 2007. (In person)
Palm Beach County Lifeguard (Ocean Inlet Park), October 2,2007. (In person)
Captain Phil Wotton, Palm Beach County Ocean Rescue South District, October 24, 2007
(Telephone and e-mail)
Don May, Chief of Ocean Rescue, Palm Beach County, October 17, 2007. (Telephone)
Mr. Sandy Daniel, FOOT Contractor, October 8,2007. (Telephone)
Florida Fish & Wildlife Conservation Commission, Mollyann Williams, October 9,2007.
(Telephone)
Captain Amy Tolderlund, Vice President Marine Industries Association Palm Beach County,
October 23,2007. (In person)
80
XII. - LEGAL
DEVELOPMENT
ITEM A.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Tumed in to Citv Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
0 A ri121, 2009
0 Ma 5,2009
0 Ma 19,2009
I8l June 2. 2009
0 June 16, 2009
0 Jul 7,2009
0 Jul 21,2009
0 Au ust 4, 2009
June I, 2009 oon
June 15,2009 (Noon
Jul
Jul
0 Announcements/Presentations 0 Citv Manal!er's ReDort
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [8J Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this request on the June 2, 2009 City Commission Agenda under
Legal, Ordinance - Second Reading. The City Commission on January 20,2009 approved this item (including First Reading
of the Ordinance) with the corresponding Rezoning and Land Use Amendment which was transmitted to the Department of
Community Affairs (DCA). The State's review is completed and the ordinances have been prepared for adoption. For further
details pertaining to this request, see attached Department Memorandum No. 08-104.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
Sam's Club (ANEX 09~001)
Bonnie Miskel and Scott Backman
Walmart Stores #8140/ Northstar Cemetery Services of Florida, LLC
West of North Seacrest Boulevard, South of Hypoluxo Road, 7233 Seacrest
Boulevard and 3691 Seacrest Boulevard
Request to annex the properties.
DESCRIPTION:
i
/
~-
City Manager's Signature
-
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES:
Devel
Assistant to City Manager
ChrL-
Plannnfg and Zon' g irector City Attorney / Finance
S:\Planning\SHARED\WP\PROJECT \Sams Club PB Memorial\ANEX 09-001 \Agenda [tern Request Sam's Club (Northstar) AN EX 09-001 6-2-09.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1- ORDINANCE NO. 09-:r
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, ANNEXING 15.78+/- ACRES
5 OF LAND THAT IS CONTIGUOUS TO THE CITY
6 LIMITS WITHIN PALM BEACH COUNTY AND
7 THAT WILL, UPON ANNEXATION, CONSTITUTE
8 A REASONABLY COMPACT ADDITION TO THE
9 CITY BOUNDARIES; PROVIDING THAT THE
10 PROPER LAND USE DESIGNATION AND
11 PROPER ZONING OF THE PROPERTY SHALL BE
12 REFLECTED IN SEPARATE ORDINANCES TO BE
13 PASSED SIMULTANEOUSLY HEREWITH;
14 PROVIDING FOR CONFLICTS, SEVERABILITY,
15 AND AN EFFECTIVE DATE; PROVIDING THAT
16 THIS ORDINANCE SHALL BE FILED WITH THE
17 CLERK OF THE CIRCUIT COURT OF PALM
18 BEACH COUNTY, FLORIDA, UPON ADOPTION.
19
20 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the
21 development of an Annexation Program: and
22 WHEREAS, Walmart Stores #8140, owner, by and through its agents, Bonnie
23 Miskel and Scott Backman, of the property more particularly described hereinafter. have
24 heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of
25 Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a certain tract ot
26 land consisting of approximately 15.78+/- acres; and
27 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the
28 following tract of land as hereinafter described. in accordance with Article L Section 7 (3:21
29 of the Charter of the City and Section 171.044, and 17 J .062(2 l. Florida Statutes; and
30 WHEREAS, said tract of land lying and being within Palm Beach County 1S
31 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its
32 annexation, constitute a reasonably compact addition to the City boundary.
S'\CA\Ordinances\Plannin~nnexation9Annexallon- Sam, Cluh dOL
1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
3
Section 1.
That each and every Whereas clause is true and correct.
Section 2.
Pursuant to Article I, Section 7 (32) of the Charter of the City of
4
5 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described
6 unincorporated and contiguous tract of land situated and lying and being in the County of
7 Palm Beach, Florida, to wit:
8 See legal descriptions attached hereto as Exhibit "A"
9
10 Subject to easements, restrictions, reservations, covenants and
11 rights-of-way of record.
12
13 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be
14 and become part of the City with the same force and effect as though the same had been
15 originally incorporated in the territorial boundaries thereof.
Section3 :
That Section 6 and 6(a) of the Charter of the City of Boynton Beach,
16
1 7 Florida, is hereby amended to reflect the annexation of said tract of land more particularly
18 described in Section 2 of this Ordinance.
19
Section 4:
That by Ordinances adopted simultaneously herewith, the proper City
20 zoning designation and Land Use category is being determined as contemplated in Section
21 171.162(2), Florida Statutes.
22
Section 5.
All ordinances or parts of ordinances in conflict herewith are hereby
23 repealed.
24 Section 6: Should any section or provision of this Ordinance or any portion thereof
25 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
26 the remainder of this Ordinance.
S .\CA \OrdinancesIPlanning,AnnexationMnnexation. Sams Club doc
2
II
II
Ii
- II
111
2 for two (2) consecutive weeks in a newspaper of general circulation in the City of Bo\nton
Section 7:
This Ordinance shaH not be passed until the same bas been advert I ",'(]
3 Beach, Florida, as required by the City Charter and Section 171.044. Florida Statutes.
4
Section 8.
This ordinance shall become effective immediately upon passage
5
Section 9.
This ordinance, after adoption. shall be filed with the Clerk of the
6 Circuit Court of Palm Beach County, Florida.
7
FIRST READING this ~ day of Jo..nua_r 1 ' 2009.
SECOND, FINAL READING and PASSAGE this ___ day of
.2009.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
2 6 ATTEST:
27
28
29
30 Janet M. Prainito, CMC
31 City Clerk
32
33
34 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor~. Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
S:\CA IOrdinanceSlPlanningv\nnexation>\Annexation - Sams Club ,doc
3
LEGAL DESCRIPTION
OF
PARCEL 1
7233 SEACREST BOULEVARD
PARCEL CONTROL NUMBER 00-43-45-09-23-000-0010
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER (NWI/4) OF SECTION 9,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND KNOWN AS
BEING PARCEL NO. I OF HY-CREST CENTER, AS RECORDED rN PLAT BOOK 64, PAGE 177-178
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING FURTHER
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING A T A BRASS DISK FOUND AT THE INTERSECTION OF THE
CENTERLINES OF HYPOLUXO ROAD (WIDTH VARIES) AND SEACREST BOULEVARD (80
FEET WIDE) AND BEING THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF
SECTION 9;
THENCE SOUTH 02029' 14" WEST ALONG THE CENTERLINE OF SEACREST
BOULEVARD AND THE EASTERLY LINE OF THE NORTHWEST QUARTER OF SECTION 9,
696.58 FEET TO A POINT;
THENCE NORTH 87030'46" WEST, 40.00 FEET TO THE WESTERLY RIGHT-Of-WAY OF
SEACREST BOULEVARD AND BEING THE PRINCIPAL PLACE OF BEGINNING Of THE
PREMISES HERErN DESCRIBED;
THENCE SOUTH 02029'14" WEST ALONG THE WESTERLY RIGHT-OF-WAY OF
SEACREST BOULEVARD, 522.21 FEET TO A PERMANENT REFERENCE POINT (5/8" IRON PIN
CAPPED #3935 FOUND (0.07 FEET NORTH AND 0.19 FEET EAST) AT THE NORTHEASTERLY
CORNER OF LAND CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC (PARCEL
CONTROL NUMBER 00-43-45-09-05-001-0020 & 00-43-45-09-00-000-3630) BY DEED DATED
DECEMBER 28, 2004 AND RECORDED IN O.R. BOOK 17943, PAGE 691 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE NORTH 88055'16" WEST ALONG A NORTHERLY LINE OF LAND SO
CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 545.43 FEET TO A PERMANENT
REFERENCE POINT (5/8" IRON PIN CAPPED #3935) FOUND;
THENCE SOUTH 03027' 44" WEST ALONG A WESTERLY LINE LAND SO CONVEYED TO
KEATLEY INVESTMENTS-PALM BEACH, LLC, 160.14 FEET TO A P.K. NAIL & WASHER
FOUND IN ASPHALT PAVEMENT;
THENCE NORTH 88055' 16" WEST CONTINUING ALONG A NORTHERLY LINE OF LAND
SO CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 344.35 FEET TO A 5/8" IRON
PIN CAPPED #3935 FOUND AND DISTURBED ON THE EASTERLY RIGHT-OF-WAY OF
INTERSTA TE HIGHWAY NUMBER 95 (1-95);
THENCE NORTH 01001' 59" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (1-95), A DlST ANCE OF 180.00 FEET;
THENCE NORTH 36002' 54" EAST ALONG THE EASTERLY RIGHT-Of-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (1-95), 143.16 FEET TO A POINT;
THENCE NORTH 10038' 03" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTA TE HIGHWAY NUMBER 95 (1-95), 587.24 FEET;
- 11/11/
exN //!)i I II
THENCE NORTH 07025' 24" EAST ALONG THE EASTERLY PJGHT-CH.-W,t., Y' Of
INTERSTA TE HIGHWAY NUMBER 95 (I-95), 7.25 FEET TO ,6" 5'8" IRON PIN CAPPED 1i3935
FOUND AND DISTURBED AT THE SOUTHWESTERLY CORNER OF LAND CONVEYED 1'0
KRISHNA REALTY, INC. (PARCEL CONTROL "lUMBER 00-43-45-09-23-000-0022) BY DEED
DATED FEBRUARY 12,2000 AND RECORDED IN O.R. BOOK 11607. PAGE 332 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY. FLORIDA:
THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO
CONVEYED TO KRISHNA REALTY, INC.. 342.66 FEET TO A '2" IRON PIN FOUND (0.06 FEET
NORTH AND 0.37 FEET WEST);
THENCE NORTH 02029' ]4" EAST ALONG THE EASTERLY LINE OF LAND SO
CONVEYED TO KRISHNA REALTY, INL J 52.37 FEET TO A POINT AT THE SOUTHWESTERLY
CORNER OF LAND CONVEYED TO TACO BELL OF AMERlCA, INC. (PARCEL CONTROL
NUMBER 00-43-45-09-23-000-0030) BY DEED DATED DECEMBER 28, 1999 AND RECORDED IN
O.R. BOOK 11529, PAGE 866 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORlDA;
THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE Of LAND SO
CONVEYED TO TACO BELL OF AMERICA, INL 187.21 FEET TO A ',;" IRON PIN FOUND (0.12
FEET SOUTH AND 0.33 FEET WEST);
THENCE NORTH 02029' 14" EAST ALONG THE EASTERLY LINE OF LAND SO
CONVEYED TO TACO BELL OF AMERICA, INC., 301.75 FEET TO A POINT ON THE
SOUTHERL 1" RIGHT-OF-WAY OF AFORESAID HYPOLUXO ROAD;
THENCE SOUTH 88053' 16" EAST ALONG THE SOUTHERLY RIGHT-OF-WAY OF
HYPOLUXO ROAD, 54.00 FEET TO A POINT AT THE NORTHWESTERLY CORNER OF LAND
CONVEYED TO MOBIL OIL CORPORATION (PARCEL NO.6) (PARCEL CONTROL NUMBER 00-
43-45-09-00-000-3070) BY DEED DATED APRIL 03, 1972 AND RECORDED IN O.R. BOOK 1997.
PAGE 176 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA:
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO
CONVEYED TO MOBIL OIL CORPORATION. 137.00 FEET TO A PERMANENT REFERENCE
POINT (5/8" IRON PIN CAPPED #3935) FOUND (0.0 I FEET SOUTH AND 0.] 6 FEET WEST) AT
THE NORTHWESTERLY CORNER OF LAND CONVEYED TO MICHEL P. BARBERlS (PARCEL
CONTROL NUMBER 00-43-45-09-23-000-0040) BY DEED DATED APRIL 20, 2004 AND
RECORDED IN O.R. BOOK 16830, PAGE 1291 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY. FLORIDA;
THENCE SOUTH 1103 I '09 WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED
TO MICHEL P. BARBERlS, 60.75 FEET TO A POINT:
THENCE SOUTH 02029' 14" WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED
TO MICHEL P. BARBERlS, 142.00 FEET TO A POINT;
THENCE SOUTH 87030'46" EAST THE SOUTHERLY LINE OF LAND SO CONVEYED TO
MICHEL P. BARBERlS, J47.50 FEET TO THE WESTERLY LINE OF TRACT "A" USED FOR
RIGHT -OF - WAY OF SEA CREST BOULEVARD OF SAID HY -CREST CENTER:
THENCE SOUTH 02029' 14" WEST ALONG THE RIGHT-OF-WAY OF SEACREST
BOULEVARD, 40.00 FEET TO A P.K. NAIL & WASHER FOUND IN ASPHALT PAVEMENT 1.0.10
FEET NORTH, 0.22 FEET WEST) AND BEING THE NORTHEASTERLY CORNER OF LAND
CONVEYED TO WAL-MART STORES, INC. (PARCEL 5) (PARCEL CONTROL NUMBER 00-43-45-
09-23-000-0050) BY DEED DATED JANUARY 24, 1989 AND RECORDED IN OK BOOK 5945
PAGE 1460 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA:
THENCE NORTH 87030'46" \VEST ALONG THE NORTHERLY LINE OF LAND SO
CONVEYED TO WAL-MART STORES, INC. (PARCEL 5), 166.00 FEET TO A P.K. NAIL SET IN
ASPHALT PAVEMENT;
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO
CONVEYED TO WAL-MART STORES, INC. (PARCEL 5), 260.00 FEET TO A 5/8"X30" IRON PIN
CAPPED (RIVERSTONE CO DUDLEY LS6527) SET;
THENCE SOUTH 87030'46" EAST ALONG THE SOUTHERLY OF LAND SO CONVEYED
TO WAL-MART STORES, INC. (PARCEL 5), PASSING THROUGH A PERMANENT REFERENCE
POINT (5/8" IRON PIN CAPPED #3935) FOUND (0.07 FEET SOUTH AND 0.12 FEET WEST) AT
166.00 FEET, A DISTANCE OF 178.00 FEET TO THE PRINCIPAL PLACE OF BEGINNING AND
CONTAINING 14.7961 ACRES OF LAND AS SURVEYED AND DESCRIBED BY EDWARD B.
DUDLEY, L.S. NO. 6527 OF THE RIVERS TONE COMPANY IN OCTOBER OF 2008, BE THE SAME
MORE OR LESS, BUT SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND
RESTRICTIONS.
All 5/8"X30" IRON PIN SET AND CAPPED (RIVERSTONE CO DUDLEY LS6527)
DEED OF REFERENCE
LAND CONVEYED TO WAL-MART STORES, INC. BY DEED DATED JANUARY 24, 1989 AND
RECORDED IN OFFICIAL BOOK 5945, PAGE 1460 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
BASIS OF BEARINGS:
THE CENTERLINE OF SEACREST BOULEVARD AS SOUTH 02029'14" WEST AS RECORDED IN
HY-CREST CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 64,
PAGE 177-178 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
CLOSURE
North: 4748.19 East: 4943.64
Line Course: S 02-29-14 W Length: 522.21
North: 4226.47 East: 4920.98
Line Course: N 88-55-16 W Length: 545.43
North: 4236.74 East: 4375.65
Line Course: S 03-27-44 W Length: 160.14
North: 4076.89 East: 4365.98
Line Course: N 88-55-]6 W Length: 344.35
North: 4083.3 7 East: 4021.69
Line Course: N 01-0]-59 E Length: 180.00
North: 4263.35 East: 4024.93
Line Course: N 36-02-54 E Length: 143.] 6
North: 4379.09 East: 4109.J8
Line Course: N 10-38-03 E Length: 587.24
North: 4956.25 East: 4217.54
Line Course: N 07-25-24 E Length: 7.25
North: 4963.44 East: 4218.48
Line Course: S 87-30-46 E Length: 342.66
North: 4948.57 East: 4560.82
Line Course: N 02-29-14 E Length: ] 52.37
North: 5100.79 East: 4567.43
Line Course: S 87-30-46 E Length: ] 87.21
North: 5092.67 East: 4754.46
Line Course: N 02-29-J4 E Length: 301.:."
North: 5394.13 East: 4767.56
Line Course: S 88-53-] 6 E Length: 54.00
North: 5393.09 East: 4821.55
Line Course: S 02-29-]4 W Length: 137.00
North: 5256.22 East: 48]5.60
Line Course: S ] J -31-09 W Length: 60.75
North: 5]96.69 East: 4803.47
Line Course: S 02-29-14 W Length: 142.00
North: 5054.82 East: 4797.3:
Line Course: S 87-30-46 E Length: 147.."0
North: 5048.42 East: 4944.61
Line Course: S 02-29- J 4 W Length: 40.00
North: 5008.46 East: 4942.9::-
Line Course: N 87-30-46 W Length: 166.00
NOJih: 5015.66 East: 4777.0CJ
Line Course: S 02-29-14 W Length: 260.00
North: 4755.91 East: 4765.8)
Line Course: S 87-30-46 E Length: 178.00
North: 4748.]8 East: 4943,64
Perimeter: 4659.0 I Area: 644,518 sq. ft. 14.7961 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.00 Course: S 19-24-2] W
EiTor ~~orth~ -0.003
East. -0.001
Precision I: 4,659,020,000.00
SAM'S CLUB FUELING STATION SERVICE PUMPS PARCEL
(aka PARCEL 5)
LEGAL DESCRIPTION OF AREA OF INTEREST
A parcel of land lying in the Northwest Quarter (NW Yt) of Section 9, Township 45 South,
Range 43 East, Palm Beach County, Florida, and known as being Parcel No. 5 of Hy-Crest
Center, as recorded in Plat Book 64, Page 177-178 of the Public Records of Palm Beach County,
Florid, and being further bounded and described as follows:
COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road
(width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast corner of said
Northwest Quarter of said Section 9;
Thence South 020 29' 14" West, along the centerline of Seacrest Boulevard and the east line of
the Northwest Quarter of Section 9, a distance of 696.58 feet to a point;
Thence North 870 30' 46" West, a distance of 52.00 feet to a permanent reference point (5/8"
iron pin capped #3935) found on the westerly line of Tract "A" used for right-of-way of Seacrest
Boulevard and being the Principal PLACE OF BEGINNING of the premises herein described;
Thence continue North 870 30' 46" West, along a Northerly line of land conveyed to Wal-Mart
Stores, Inc. (Parcel No.1) (Parcel Control Number 00-43-45-09-000-0010) by deed dated
January 24, 1989 and recorded in O.R.B. 5945, Page 1460 of the Public Records of Palm Beach
County, Florida, a distance of 166.00 feet to a 5/8" x 30" iron pin capped (Riverstone Co.
Dudley LS6527) set;
Thence North 020 29' 14" East, along a easterly line of land so conveyed to Wal-Mart Stores,
Inc. (Parcel No.1) a distance of260.00 feet to a P.K. nail set;
Thence South 8JO 30' 46" East along a Southerly line of land so conveyed to Wal-Mart Stores,
Inc. (Parcel No.1), a distance of 166.00 feet to a P.K. nail and washer found in asphalt pavement
and being the Westerly right-of-way line of Seacrest Boulevard;
Thence South 02029' 14" West along the Westerly right-of-way line of said Seacrest Boulevard,
a distance of 260.00 feet to the Principal PLACE OF BEGINNING, and containing 0.991 acres
of land as surveyed and described by Edward B. Dudley, L.S. No. 6527 of the Riverstone
Company in October of 2008, be the same more or less, but subject to all leg al highways,
easements and restrictions.
Note: All 5/8" x 30" iron pins set and capped (Riverstone Co Dudley LS6527).
=F'D!v::
THRDU':;H:
DATE:
PPDJECT r~AIv'lE/NUIV]BEP,:
P,cQUEST:
D~V~LOPMENT DEPARTMENT
PLANNING & ZONING D!VISIOf\l
rIlE!II\IORANDUlM NO. cz 08 - :"C,.c.
=n3i'- 3....:: kl'~:T:~'~~"'-'~~
:\a~i:--lirlc d"-iC [ "~l~\:Jr;-'~I~ =,rl::~'~
-:ani,d l\i~cr~;-2~~1
- ' P'
.::Jenl:J~ ;ain,::'-
, -'
Iviic~,aei \IV, F',:.J:;liJT
:"J,
::)i r""c,:y
P:a11n CJ anc' =onlnc
[I:::c:::mb,::r L 2QOS
Sam 's Ciub/No;1:r,3ta~/L,Nl\IE> CIS-GOl <_Uil,F OS-DO:::
To ann,::) the TJNO pmDerti'::sr and to arTI'::nd the Future LanG I_'S':::
designation on 61.69 acres rmm ~'ainc Beach 'Coumv.:,
Comm,::rciai High with a IT,cximum 5 Jweliing units per cc
(CH/5) and Institutional and Public :=aciiities (INST: to Lo=ai
R:::l:aii Comm:::rcial (LRC)r and rezone rrotT, F'aim Beach Counn:
Commercial ,:Jene,ai (0:;) and Residential IVlultifamily (P.lv'l: :.c
Pianned Commercial Development (De[l) and:::-~: Communif'
Commercial.
Property Owners:
Apolicant! Agent:
Location:
F'ar::::: Size:
::xisting Land Use:
::x!sting Zoning:
Proposed Lane Use:
[:TODosec _onln::
~>rDDC3~C I I:::~l'
PROJ E:CT DE:SCRIPTION
VVaimart Sto,,:.:; =S14C ane NorthStar '=~:T!.:::t':r\ S,:'-vice.:;::r: F~.
L~I=
Bonnie lvjisf~ei an::! Scott Sackmar
"7233 Seacrest Boui'2'v'ardi369l Seacr::st BDJi,::varc: ::>cnibit "l,"
15.80::25.8~1 a u'::s , 2 total :J~ 41.69 ac,e;
Sam's 'Club: F'aim Seaeh ':ounty's Comme'-:::ial :-iigh with a
ma)~lmUm 5 dwelling units per acre (CH S:
NorthSta~: Ir.stitutior,al and Public i=a:iiitie:;]f\!ST'
Sam s 'Ciuo: [:'airr. Beach County's Commercia: ':Je,le,a! ! _'..J
!\Jortr5c:a,: F',,::sIIJemia, Ivjulti~ami:\ : F'J\1
L..o:ai P,etait Commercial (both pmperties I
Sam's Dub: Pianned :::omrn'::r:::iai -'::,v'::!ODrT!::T ;::)~:-
l-Jortr.5ta~: ::: - ~ :::omm ul1it\' ':::'Jm rTi-::r:::ia
!~C' c"anC!:::5 fC :='J;--en~ S::'.3
Cjl ~ f\]~n; ::'2:: ~'Jp'p c;~-.JC2-Ar\J 2)( DS-G'S~_
Sam's :::I JLJ/NorthSta-
Adjacelt Uses:
North:
So uth :
Developed commercial properties in unincorporated F'alm
Ss:ach County, designated CHIS and zoned CG. Farther north
right-of-way of Hypoluxo Road.
Undeveloped parcel designated High Density Residential
(HDP,) and zoned tVlulti-Family Residential (R-3), then
townhomes (Pine Point Villas Condo) classified High Density
Residential (H DP,) and zoned Multi-family Residential (R-3).
East:
Right-of-way of Sea crest Boulevard, farther east single-family
homes (San Castle subdivision) in unincorporated Palm Beach
County, designated Medium Density Residential (MP-5) and
zoned Residential Multifamily (RM); to the northeast,
developed an d vacant commercial properties in Lantana,
designated and zoned Cl-Commercial.
West:
Right-of-way Df Interstate 1-95.
EXECUTIVE SUMMARY
Staff recommends approval of the requested ann exation, land use amendment and rezoning for
the following reasons:
1. The request is consistent with the annexation and other relevant objectives and policies
of the Cit{s Comprehensive Plan.
2. The proposed amendment will benefit the City by contributing to the diversification or its
economy and its tax base.
3. The proposed amendment would not create additional impac:t.s on infrastructure that
cannot be accommodated within existing capacities, or generate any negative impacts
upon adjacent or nearby properties.
PROJECT A.NAl YS!5
The two properties which are the subject or this land use amendment total 41.69 acres;
therefore, the proposed land use change qualifies as a large-scale amendment pursuant to
Chapter 163 F.S. Following local board review and City Commission public hearing, a "large-
scale" amendment is transmitted to the Florida Department of Community Affairs for review for
compliance with the state, regional and local comprehensive plans prior to adoption. Following
the review period of approximately 60 days, DCA provides the City with a report of their
findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has
60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with
changes in response to the ORC report, or (3) determine not to adopt the amendment and
inform DCtI, of that decision. According to Florida Statutes Chapter 163, large-seaie
amendments may only be adopted during two am-3ndment cycles each calendar year. Th!s
amendment request is a part of the 1st round of amendments for the 2009 calendar year.
.. ':: [\U:,>'
i !C_ (~_L\r,j~-=
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n~s ~r:Jpc\~;,~C :::rl:-=ndiTi~:l~ \:=:' :J-=l;-Ig '-.::1 J!;~~\'\:'~~
:::ommuni::\ I:.J7'al":; :'JCJ'\I, ,t..7"c':2~ ::'an:;mi:La '-:1",:]
-.-].-\ ~~"'-i :~--2
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-:lTC: I,.c -1','," '" .'
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aOCip:iCJ:;, i:':21;:a'Liv':2!\ I' k;::.
2. t:'I/:7::?tl9/" the orODC)52C/ ,r:3::!O,j/:-/i--: 11 ,_-!:...J/~ ::)~ ,::)n5/~:;L::::7: 1..t1/it,- 2'0;]//::3:"7:':::
',';~' 'I ~-..:1 -;...::J""-':; i
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:J;'31~ :JO/i::j.~5 i/::/f.}D'inq :Jut ''lL}~ ,"/~7/t=:C' :3 ~Tr~J.7iji",:i:;/'" 3:;a/.:5: ..:: '-') ~/::r-=~::_::;::
jIVe:!/1i"79 U'7it de:!.'75itl e>:ce:!e:!oi'l:c _~c~ {,'7 ";:J,.-.-iC3"7~ e:!i '3::.-3-:1:)" CJ-::::: d,T,J:.r Il"'.L.
a:1:J,"'o\."a/ of the ,[:aim 35a:h _:J:.J,;:~i Er'::::-:J.=,"'C\ :J,aninc ~:I"5i:r 3-;: .' _ _
r'iar;ace-.
'0'7e Dian.'7/.-7;? oe0a'7.(7)2n-: :;,/-;a/ a.':'c'-e:!c:n777:::,"7C ';-::;'ca'CJ,') ','.
F"=:JUi--2n72nr:s, fit.,f?ie/! /l1.'OJ/C/ lei:? :-( ::;~ (':7..7:15=;:: ,"t ~ 5u':JS-2C! ..j~' .~:. .J:?t =!'_~:J,~-:=J -: ~
;:J,"-O;.J2,.--:l/, ir: Or-C/-2,- r:c: :::J,TlD/I. !/VI:-,'"""' ,~J//-c/-!3!_:: '-~~),7~3.;"";~C ,'~' -:75 ~-":,:71~.-:::;~7__?~__--,','l '.~ _i,3~
The proposed r:::zonlng tS r'::ouest':2d rorJ,?v,::lo:y::d :JrClp'::n:i,::s arK ..n::i:i'Y 'lift" "
application TOI- a:ln':2xatior" The reou':2st is ,::~]r~:;i:;tent wi:h -:'"1':: ,=it\' ~ arlll':2).:atlo,' onJO-di'
described in the following objective and Cloii:i.:::s ill til-=:::omp,':=,hen::;iv:: Pia:',
Objective 1.15
The City wi!! continue to expand through annexation of enc1al'::!5,
pockets and other contiguous properties.
(:) ,. 1. r 1
, O/IC\/_..!.~.~
The Otl. 5haf/ cO/7rinue to :XOmGrE' th~ 01-d9ril anne>:aflo{' :r lal~;
consistent with ChaDter 271, ,:::/onda 5;:awre5. anc [,72 DallT Beaci-: _GU7,:
iJ.nnexation Poiicl .
-,
~.
Th5 Citl. 5ha/;' utiiiz::: fout m-ethoc5 0: anne):atior::
1. l/o/untan annexation'
Annexation DI int-e,-ioca/ aoreem-ent with PairTi &:ach Counn"
Compiiance:! vdth J,re-annexation It/at9r se""vice ao.'-eemen=.::: ;~-orr: ,";
Or)'; and
,..,.- .'
Ker9ienoun-:.
A
.:..:,
Po/iCI1.15.:}
ooiicl' 1.15.3
The Uti. sl'la// reqUl!"":::- eV:2,T :xopefT\ Deing annexeo Inre' me Citl
concurrenth- appiy (0.1- land use amendment ano-e:!ol7lne tc the Ch
adopted land use c/c5sifi:ation and zonin<; cfisrrict. '
Th-= request is also consistent with Objective L~"7:
Objective 1.17
The City shal! pursue economic deveiopment opportunities co
support: a competitive and diversified economy.
3am1s Club will contribute to the div':2rsification of th'.:: Cit\'s e,eonOnl\ and th-= Dr\':. I'::;ea,
profile, now overiy dependen~ or, the re:;identia' s,=,=tor for its La) revenu,::s,
b, /lVhethei the proocsed rezoning v1/oU/:f I):: con[,-an tC' th::: es;:aofisnee lane U5~
;:;atLe:!m. 0.' wouid c,""eate an iso/aree a/sriict un"elated tel ad/acen-: ane ne37JI
d!stric':5/ or wouid constiwr.;? a fJ.''3IT o( sD:::c:iai oril/iieg= rc 3r Indh'ieJLd :KODe/:1
Ofil-'n:?i~ as COJ7t;--astec/ Ill/it/-: 'D7e D,r-ote::ti.:;/""' o~ t/79 /..-'7ubi/c 11'"9//":a'--5.
The proposed re::':onlng !s r-eq:Jested TO:' -::1:':V'210[\'2C Dror)':2rti':2::; Cine CClrIIUrCC!C)" \iliirr
appij,:atio;l fo;- anne).:atior:. T~,= ;...!:;~.: :J-- Dcrtl~ [\"'o~~rti~~, _ r:=~:-i ICE-I=: .::;L:3:\!:;r:::c ._I"IC!::~'
:=::-::: ~:.Jr;-j-:::-: :_'JAP. 89-0G:?-AN::X (\9-C01
Sam'~ CI Jb i[\JorthSta~
Palm Ssacr County's land use and zoning designations. No changes In use are planned ror
either pr-opert\f.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The proposed amendment is requested in conjunction with an application for anne);ation. The
e)cisting F'aim Beach County land use designation and zoning must be changed to the city land
L!se designation and zoning district.
d. Whether the proposed use would be compatible with utility systems; roadways, and
other public facilities.
As stated, the proposed land use amendment does not entail changes to current use or the
subject properties. The addition of an accessory fuelling facility is currently planned for the
Sam's Club (see the Master Plan review in the last section of this report); a carwash may be
added later. The NorthStar Cemetery Services is planning to add a crematorium sometime in the
future. Both planned additions represent minimal impact upon municipal services as described
belOW.
Traffic
The refueling facility will be an ancillary use for the Sam's Club and thus there will be a large
proportion of shared trips between the two. The facility will be available exclusively to the Club's
members and will require a membership card for pump activation. The trIp characteristics'
analysis done for simiiar projects indicate the internal trip capture of over 50%.
Likewise, the future addition of the crematorium to the NorthStar's cemetery will not have a
significant impact on the surrounding roadways,
At the time of the site plan application for the respectIve additions, the concurrency traffic
impact analysis or statement will be provided and will be reviewed by the County for
consistency with the Pal Beach County Traffic Performance Standards ordinance.
Potable 'Nater and Sewer
The City provides both water and sewer services to the Sam's Club property. The addition of a
fuelling station will not have a significant effed on the site's overall water- demand and, since
Sam's Club carwash facilities utilize recycled water, a carwash faciiity would also have a
negligible impact.
Upon annexation, the City will provide water to the NorthStar cemetery, but due to the need ror,
and the cost of, the extensive on-site improvements, ['-JorthStar's connection to the City's sewer
system will be postponed. Moreover, the facility will continue to use well water for irrigation
purposes.
Wa ter Oem ii:lIllul
5 GPD Der seat
natal GOP
1400
I
1:00 ,
: .l..OO[)
land Il1se
I=}dstingl Mroposed Office;'Crernatcrim
I !Church
--',I::. J!,-J~- =>
__ :"",1- \'__}; ~ L\!\~=>
,~,Cl iT :
, ',.---n ~:,__~""-
: ,1'= 'ULUr:: 2Gjifl0r1 J"' a c~::rTlatD'TJ1T v,r:!: n2,!: '3 r,,:J"C'''- 3:" :-.2C OJ ,- I,'T'':=-
La:Ji"::. -:-h::: J::r1:::-3tior: '-3t::5 ~CJ" offl::".: dr1~ -'-, :---, _J:;::'? 3"': C,' I,'':: 1- - ~,"
_:~ ,:1 ,
:::;-,'-,"-
~)~l3-=inc fUl~~2 '--lC)'fl~ anc =r-jaDe~ OUil:Jlil
Potable Water ra::uiities
! W:oc'=- Plant::'aDd ::,iy' : pS31 Cia','i
ICornmltt::d ::aDa::r,:y,a::tiJal flow -;.. rc:S~~Jecl::dDd::I1), C">':.3f' ':::31')
I Remaining :::apac:ity
!SFWM[I Dermitted wltho,awais (ave,age :::ay;
I =ont,a'::ted amount Ie Durcnase rrDiT: =ClUiT'\
I :=:<DI,atlor, da:::: or vealer use p,=rmit
"'In::luo,:: S,OOQ,ClOC ::ontr-acted te [,ur::r,:oso:: fe' ['all B'oed =r '::'CLlnt\
-- oor U' 0"
-' ~, u 1
~:,6:2~.~2?i
3,3; 77 ,,71.:'!
,
='1490,0001
::;,000,0001
I, .... ~ Jr- 1 r I
w.UJL31 _~ ~'~JUi
p,s show'I, tn".: p'-ojected incr".:as::: ir, water oefTland is insi';:Jni4,can:. as CJITlu2Fec IC: me :-:::T,al1rn:
capaci::y. Lif'-,=wis:::, the additiorla! sewe'- ,caDacity that woulo :J::: '-eoJI'::::d h:' cne r~ortr,:;CC1
cemeterv ir th::: rutur::: is minima! ane can ~asilv be acCOmmOG3I:::d bv ~h.:.; :i:,'", ~a=iiiti::5.
Sewer Demand
I ! Land Use
i Existing! P'roposedl Office/Crematonm
I I Church
Generation Rate Units
125 GPO per emplove~ 16
i:; ,::;P[I per seat I ~20
[Total GDP
1400
1600
11...000
:;anitary Sewer :=aciiities
iSewe!' Treatment Capacity
ICommitted 0" allocated capacity (MGDi
!Avaiiable :apa:::itv (M,::;Di
241VjG[
18.S6
Solid Waste
The Palm 8".:aeh County Soiid Waste Authoritv nas SLat::d trlat adeouate ::2lG3Ci-::\i=)(!3I:
aCCOmmOGaLe the eount{:; municiDalities tnrougnouc tne lC-v':'2F olanning D::::,ioc:.
Drainaoe
Diainage will also be reviewed in detail as oar-: of the sile olan a;JDr::wai process! and m,.':;-
satisfv all requirements of the city and iocal diairlage D::rmitting authoiiti",s
Whetner the proDosed rezoning l/liuuld De compatibl9 with tl7e CU:T2lF arc ruc::.F:
L5e o.f adJacent and nearD\ DrDDertir::>s 0.- would affect he:: (],-OOeTl 13/ues 0-"
adjacent or nearD\ OrGoerties.
The L!S".: of tn::: subjec'L propert!::s will no:: :l1011g::,: the oro[l03e[: r':::::Jning wil [I::: comGClIIJf:
with adjac::n:: and nsarb)/ oroDsrties. Th-:: pro::JJsed ian,] LlS-:: anel ::c:ming for m::: Sam'::, :::x
oropsrr'y' !S simLar to th::: current Countv land use ane :onhg designations. ~ocal F'-=~o:
':::ommereial lane! us':' ci2ssif1::atior is propos'::cJ fm both tn-:=: Sam':: :iu[i and th::: i\ior::r,3a
propei'.:'y', Both Droperties wouid alSO ha\!-::::omm~rcia :-'oninCi de::;igr:2tion:::, witr, c o:D :::::",,',
i-=oue5Iec for Sams CIUD and C-= :::oninQ for i\J:ortn3Lof', Th'=., I\JCi1:h':;~or::::rn=-~e'\ Wn!::i-
comm::rC::io' enreror!5"::. con:;tiwt"::.' 3r: ClOL:1[-ODi'ia'l:.':. L,or::;[rior,c! 'J::>:: =':::II'\!~'::i-: t--,:: illJr- irE-=:-
C,:Jnl m~:-::i 3 '::,C] n- :: :Iut Ie tn':. rI::llti cmc. f"::Slo':'nti o' ..::::e:: Ie j:: :;oLlt',:;i Ii'::;- t:l:: unT::03ibii i'
,=i:e r\ium'J::~: L:J4P, ;JS-002-.L\Ni:Y IJ9-CO~
Sam .~;] Jb/NorthSta~
rej::veio:Jment of a large e>:isting cemetery, a proposed commercial zoning has a negligible
pot::ntial for negative impact on nearby residenti al properties in the future.
The proposed commercial land use and zoning designation for the NorthStar cemetery will
accommodate the pian to subsequently add a crematorium. It also reflects a commercial, rather
than a pubiic use of the property. It should also be noted that the commercial zoning would
accommodate the Dlacement of a billboard on the cemetery property, pursuant to Florida
Statutes and the 2001 settlement agreement between the City and two advertising
corpoiations. The settlement allows for the placement of a set number of billboards at various
locations along the 1-95 right-or-way, subject to, in palt, a residential separation standard and
all aoplicable siting standards of Florida Statutes. The subject property wouid allow for the
citing of one of the two remaining billboards allowed under the agreement, with minimal
impac+-.s on residential and other land uses.
The requested C-3 zoning for the NorthStar property will require a code amendment, which
staff will propose and initiate to be timed with ultimate adoption or the subject request. The
code amendment is necessary as the current C-3 regulations only allow a funeral home as a
permitted use and funeral home with a crematorium as a conditional use. The amendment
would establish a cemetery in conjunction with a funeral home as a permitted use in the (-3
zoning district.
f. Whether the property is physically and economically developable under the existing
zoning.
The proposed reclassification/rezoning involves developed properties and is a necessary action
in conjunction with an annexation.
g. Whether the proposed rezoning is ot a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning is reasonably related to the needs or the
neighborhood and the city as a whole (see above sections "e" and "f").
h. Whether there are adequate sites elsewhere in the city for the proposed use/ in
districts where such use is already' ai/owed.
The proposed amendment is requested for the already developed properties and in conjunction
with an application for annexation. No use changes are planned for either property.
~\/jjp.STER PLAN ANAL YSrS FOR SAM'S CLUB
When requesting to rezone property to a pi anned district, such as Planned Commercial
Development (PCD), the applicant is required to submit a Master Plan depicting the location of
site improvements, proposed traffic patterns and site data. Since the existing Sam's Club is
requesting PCD zoning, the applicant has submitted the requisite master plan. The master pian
depicts the existing one-story, 134,100 square foot Sam's Club building situated in the
southwest corner of the property, 2S well as a proposed Sam's membership gas station and
c:anN2sh facility in the northeast corner or the property.
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distric:: s~tbad re:quire:lTI~n::s; front - 40' ~eJui"~j:?SS' :JrJvidec: 51::1':' ' :)'j' ':::::::Jir:::Q.J5S,
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Pioposed ges and carwash faciiitv, trie =::JCC: ,3.:=:::::; fort, s:y::::;al :-:::;JJ:3t1OiE C:J "e
statiors, which would be lTIe:t with the piar :;uJmittec; f"JI1-': - 35' i,,:,oui"::,C':::;c, :J"JpOSed,oi::
20' ie:quired/.::S & no' JrOD05e:c, and [',::a:', '-eJJi~::::J=-2[)' J''J\:i],::d ;:>Jffe:5 3i'::
oe:signed in accord with the p~iipheial gre~nJ:::lt i:::guiatior.:;, vJhicr. i=:JJire 2; "lin:iTIUn- 1C .
landscape gree:nbe:lt area around the e:miie :;i:::~. I-,.s tnis I:; a o~v~io:)e= si;:::., aJJI'oved ur',:]::
F'alm B~acn County zoning reguiatior.s, :;ite, i'lcluding nurne:):,'::; "'::":: D,:o:se;va:::i!
e2s~ments,::omoiie:s with this requireme:n:.,::\:::~p:: fo~ ar aD:xo>cirr,a-.:e_cIC ;,0: 1:)'1; s'::gn'"
aiong th~ south side of th~ buiiding abuttil1g tn,= cem~t~i\' :J:ope::ty. __ XI :ilj:::~iT'cJ
fal!s short of the: PCD r,=quiremen::: staT;' will require ;:; Je:nse:i :J:air:::in~ ::'Cii,::rTI':: 1:'
accompiished when the formal si::e piar ,::; :JiOught forware Ir ti';:: r~tu:',:: ::: 2:J:J':1,,,: ::r,'~ g::::: "
carwash faciii:::' addition. p final code prall:slor Clf note witnin tne :;Dec;a gas ::;;::atior regulatID':
2ssociated with Planned Cornme:l-c;al CI'.?\!~IODm~l1t district:; ,eauir:::; g:::s :J~m:::, '::;iane:;
25sociate:dcanooie:; be: iDeated a iTlil-limurr :I~ ::::OD ree:: ~rorr. anv :J...:oi' - Dc
re:quir~rn~nt would p:ac~ the fu~iing ope:iatior:s directiy iti rmn':: 0" the rrollt 'OCK)' -.:c me ::;>:131::>
Sam's Ciub building and would disp:ace th::::;::;tabiished arid rrn::;t conV'2I1ieli': : LStoTI::' " ::-,an,I'"
SLaIT suoo~sts tnat a cod~ am,:,ndme:nt :Y:: Jncie:rLaker aCmrnTIIJat': ~'I:J::;'C: 'XOD'C'''.
re:qu':'sting DCD :=oning witr ~)Cisting imorov::;rTen::sr vv'nicr Cli-': anne>.':Cc Illee ~'I::: l.\!iJ.:'
asp~c-:..S of d,:,v'.?ioDment r,=vi~w will Je a::comoiisned Jurin; ~ :;iT' :],21' '''':'1'1':'\1\ :):c,
essociat:::c witi- the previously m,=ntio,led rJLU"", imo'-::lv,::rTi'::,nt'
Relative to tn~ I\JorthStar Cem~t~rv Se:rvices Df [=L, U...':': -c::que::;t fOi~:Jnll1g C: r~',i:s"[e:" ;::Ii:I'
no:: re:quiied as Dar: of the rezoning. ihe aPJli:::ant ha~ SU';J';E:::;tec til::: ::-lC\3Si:Ji ';lOOIC,'
the site at sOrTIe ooint in the futUi'::' to accommodate acr':.lT",atoriu::-:, th,:: aopiicar'.',
i:::ady tC: bring fClrvvard sLlch a proposal. star illit;at'2 tn= il,:,ce:;sar\ :;!--::: pial' "eVi'2\iI :Jro::c::::
CONCUJ5EOr~S I RECOMM =NDA lIor~s
The re:qu~5t is consistent witn the oDjectiv'e~ of tll::: Cit\s 3n:le:),:ati:m progl'am and re:!e:'ia:T
Doiici~s in th~ Comprehensiv,:, P;ar" i=uiLhermore, i~ wil! iy?:-:,:,fic: the =ir)s eC::Jilom\ withCiu
::reating a,jditional impacts on infia::;rructure that :::an"lot ~\':' a:::comnlodated withir '2)::St!'t:
::apacitiesr and without gen~iating an\' negative: irnDact; 'Jpon adia ::en:: 0" "1-:::211';:1\ DiJPertie::::
Ther~fOler staff ,ecomrTl~nds that the sub,iect i':'OU~S' be:: 30DrO\f,::d,
i,!TLl,'=HIv'i=NT~
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~,,:r.; ~iut, Pf.1fvl(:-,IT\:Jrl.,'i,l.;r
SArVE"S CLUB AND NORTHSTAR PROPERTEES EXHIBIT "A"
l.OCATION MAP
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 20, 2009
Community Alliance group. Carisse Lejeune, Assistant to the City Manager, added it was the first
quarterly report after approval of the recommendations of the Green Task Force by the City
Commission. The report was a status update on summary projects and initiatives that were either
completed or underway and in the planning stage.
Ms. Lejeune requested a policy decision by the Commission for the Affordable Housing Initiative
on the use of WaterWise landscaping materials and irrigation design in housing projects for water
conservation measures. She asked that the measure be included as one of the approved
recommendations of Green Task Force. Mr. Bressner pointed out the Land Development
Regulations would need to be amended with a Code change and publiC hearings rather than an
administrative decision.
There was consensus that the issue be returned to the Commission for consideration.
Motion
Commissioner Ross moved to approve Item VI.D. Commissioner Hay seconded the motion.
The motion passed unanimously.
Mayor Taylor requested an update on the boundless playground project.
Wally Majors, Director of Recreation and Parks, advised bids had been sent out and were due
by the end of January. Hopefully a contract could be awarded in February with construction
commencing in April with project completion in a year or less.
Returning to the Item VI.B.1., Mayor Taylor questioned why one of the members on the
committee that selected the golf instructor was an employee from Delray Beach. Mr. Majors
responded the gentleman had an extensive background in tennis -with a similar tennis center
and contractual agreements needed to operate the facility. He brought an added level of
expertise to the panel.
VII. CODE COMPUANCE . LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
Attorney Cherof administered an oath to all those intending to testify on any quasi-judicia!
proceedings before the Commission and gave a brief overview of the procedure to be followed.
A.
Project:
Agent:
Sam's Club/Northstar (ANEX 09-001)
Bonnie Miskel and Scott Backman
10
Meeting Minutes
Regular City Commission
Boynton Beach, FL
Owner:
January 20, 2009
Location:
Description:
B.
Project:
Agent:
Owner:
Location:
Description:
Walmart Stores #8140/Northstar Cemetery Services of Rorida,
LLC
West of North Seacrest Blvd, South of Hypoluxo Rd. 7233
Seacrest Blvd and 3691 Seacrest Blvd.
Request to annex the properties. (Silm's Club -- 1,st Reading
Proposed Ordinance No. 09-003) (Northstar - 1,st Reading
Proposed Ordinance No. 09-004)
Sam's Club/Northstar (LUAR 09-002)
Bonnie Miskel and Scott Backman
Walmart Stores #8140/Northstar Cemetery Services of Florida,
LLC
West of North Seacrest Blvd., South of Hypoluxo Road, 7233
Seacrest Blvd. and 3691 Seacrest Blvd.
Request to amend the Comprehensive Plan Future Land Use Map
classification on :1:41.49 acres of land from Commercial High
(CHIS) and Institutional (Palm Beach County) to Local Retail
Commercial (LRC).(Silm's Club -- 1,st Reading Proposed
Ordinance No. 09-005) (Northstar - 1,st Reading Proposed
Ordinance No. 09-006)
Request to rezone from Palm Beach County Commercial General
(CG) and Residential Multifamily (RM) to Planned Commercial
Development (PCD) and C-3, Community Commercial. (Silm's
Club -- 1,st Reading Proposed Ordinance No. 09-007)
(Northstar _1,st Reading Proposed Ordinance No. 09-008)
Hanna Matras, Senior Planner addressed the annexation, land use amendment and rezoning for
both Items VIII. A and B. The request covered two properties; Sam's Club and Northstar
Cemetery. It included a total of 41.49 acres. She reviewed the current zoning designations and
the request to change to Local Retail Commercial. Sam's Club would be Planned Commercial
Development zoning and Northstar would be C-3, Community Commercial. There would be no
current changes to the existing uses. In the future, Sam's Club would be adding a fueling
facility and Northstar would be adding a crematorium. Staff recommended approval of the
annexation, land use amendment and rezoning. The requests met all the necessary criteria for
approval as outlined in the staff report.
Scott Backman, legal counsel for the applicants, commended staff for their cooperation. He
was present to answer any questions. Attorney Cherof pointed out the requests would return
to the Commission after transmission for approval by the Department of Community Affairs. A
separate annexation agreement would be brought before the Commission also. Any conditions
of approval would be included in the annexation agreement.
Mayor Taylor opened the issue for public hearing or comment.
No one coming forward, Mayor Taylor closed the public hearing.
11
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 20, 2009
Attorney Cherof read Proposed Ordinance No. 09-003 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-003. Commissioner Weiland
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherot read Proposed Ordinance No. 09-004 by title only on first reading.
Motion
Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 09-004. Commissioner Hay
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherot read Proposed Ordinance No. 09-005 by title only on first reading.
Motion
Commissioner Weiland moved to approve Proposed Ordinance No. 09-005. Commissioner Hay
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-006 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-006. Commissioner Ross
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-007 by title only on first reading.
12
XII. - LEGAL
DEVELOPMENT
ITEM A.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 April 21, 2009 AoriI6,2009~oon) 0 June 16, 2009 June 1,2009 (Noon)
0 Mav 5, 2009 Aori120, 2009 (Noon) 0 July 7,2009 June 15,2009 (Noon)
0 Mav 19, 2009 Mav4,2009nNoon) 0 Julv 21, 2009 Julv 6,2009 (Noon)
lZ1 June 2, 2009 Mav 18, 2009 (Noon) 0 August 4, 2009 Julv20,2009~oon)
0 Announcements/Presentations 0 Citv Manager's Report
NATURE OF 0 Administrati ve 0 New Business
AGENDA ITEM 0 Consent Agenda lZ1 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this request on the June 2, 2009 City Commission Agenda under
Legal, Ordinance - Second Reading. The City Commission on January 20,2009 approved this item (including First Reading
of the Ordinance) with the corresponding Rezoning and Land Use Amendment which was transmitted to the Department of
Community Affairs (DCA). The State's review is completed and the ordinances have been prepared for adoption. For further
details pertaining to this request, see attached Department Memorandum No. 08-104.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
Northstar (ANEX 09-001)
Bonnie Miskel and Scott Backman
Walmart Stores #8140 / Northstar Cemetery Services of Florida, LLC
West of North Seacrest Boulevard, South ofHypoluxo Road, 7233 Seacrest
Boulevard and 3691 Seacrest Boulevard
Request to annex the properties.
DESCRIPTION:
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIV
~~
ity Manager's Slgnarure
Assistant to City Manager ~
Deve
Planning and Zoni ctor City Attorney I Finance
S:\Planning\SHARED\WP\PROJECT Sams Club PB Memorial\ANEX 09-00] \Agenda Item Request (Sam's) Northstar ANEX 09-00] 6-2-09.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE ~O. 09- L
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, ANNEXING 25.89+/- ACRES
5 OF LAND THAT IS CONTIGUOUS TO THE CITY
6 LIMITS WITHIN PALM BEACH COUNTY AND
7 THAT WILL, UPON ANNEXATION, CONSTITUTE
8 A REASONABLY COMPACT ADDITION TO THE
9 CITY BOUNDARIES; PROVIDING THAT THE
10 PROPER LAND USE DESIGNATION AND
11 PROPER ZONING OF THE PROPERTY SHALL BE
12 REFLECTED IN SEPARATE ORDINANCES TO BE
13 PASSED SIMULTANEOUSLY HEREWITH;
14 PROVIDING FOR CONFLICTS, SEVERABILITY,
15 AND AN EFFECTIVE DATE; PROVIDING THAT
16 THIS ORDINANCE SHALL BE FILED WITH THE
17 CLERK OF THE CIRCUIT COURT OF PALM
18 BEACH COUNTY, FLORIDA, VPON ADOPTION.
19
20 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the
21 development of an Annexation Program: and
22 WHEREAS, Northstar Cemetery Services of Florida, LLC., o\Vner, by and through
23 its agents, Bonnie Miske! and Scott Backman, of the property more particularly described
24 hereinafter, have heretofore filed a Petition. pursuant to Section 9 of Appendix A-Zoning. of
25 the Code of Ordinances. City of Boynton Beach. Florida, for the purpose of annexing a
26 certain tract ofland consisting of approximately 25.89+/- acres: and
27 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the
28 following tract of land as hereinafter described, in accordance with Article L Section 7 (3:2)
29 of the Charter of the City and Section 171 .044, and l7l.062(2). Florida Statutes; and
30 WHEREAS, said tract of land lying and being within Palm Beach County IS
31 contiguous to the existing city limits of the City of Boynton Beach. and wilL upon its
32 annexation, constitute a reasonably compact addition to the City boundary.
S Ie AIOrdinances\Planning\AnnexallonMnnexatilln - Nllrthstar doc
1-
I,
1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
3
Section 1.
That each and every Whereas clause is true and correct.
4
Section 2.
Pursuant to Article I, Section 7 (32) of the Charter of the City of
5 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described
6 unincorporated and contiguous tract of land situated and lying and being in the County of
7 Palm Beach, Florida, to wit:
8 See legal descriptions attached hereto as Exhibit "A"
9
10 Subject to easements, restrictions, reservations, covenants and
11 rights-of-way of record.
12
13 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be
14 and become part of the City with the same force and effect as though the same had been
15 originally incorporated in the territorial boundaries thereof.
16
Section3 :
That Section 6 and 6(a) of the Charter of the City of Boynton Beach,
1 7 Florida, is hereby amended to reflect the annexation of said tract of land more particularly
18 described in Section 2 of this Ordinance.
19
Section 4:
That by Ordinances adopted simultaneously herewith, the proper City
20 zoning designation and Land Use category is being determined as contemplated in Section
21 171.162(2), Florida Statutes.
22
Section 5.
All ordinances or parts of ordinances in conflict herewith are hereby
23 repealed.
24 Section 6: Should any section or provision of this Ordinance or any portion thereof
25 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
26 the remainder of this Ordinance.
S :\CA \OrdinanceSIPlanningAnnexationMnnexation - Northstar. doc
2
1
Section 7:
This Ordinance shall not be passed until the c;ame has been adverm::u
2 for two (2) consecutive weeks in a newspaper of general circulation in the City of BOH11()!:
3 Beach, Florida, as required by the City Charter and Section] 71.044. Florida Statutes.
4
Section 8.
This ordinance shall become effective immediately upon passage.
5
Section 9.
This ordinance, after adoption, shall be filed with the Clerk of the
6 Circuit Court of Palm Beach County, Florida.
7
FIRST READING this ~ day of , :(1{IUI.l' .r.-../ .2009.
(
SECOND, FINAL READING and PASSAGE this ____ day of
.2009,
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
2 6 ATTEST:
27
28
29
30 Janet M. Prainito, CMC
31 City Clerk
32
33
34 (Corporate Seal)
CITY OF BOYNTON BEACH. FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner- Woodrow L. Hay
-
Commissioner ,~ Marlene Ross
I'
I S :\CA \Ordinances\Plannin~nnexations-Annexalion - Northstar.doc
!
I
I
3
KEA TLEY INVESTMENTS, Inc. CEMETERY PARCEL
LEGAL DESCRIPTION OF PALM BEACH MEMORIAL PARK
Situated in the County of Palm Beach, State of Florida, and knows as being a part of the re-plat
of part of Lincoln memorial Gardens, as recorded in Plat Book 25, Page 225, and further
described as follows:
COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road
(width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast comer of
Northwest Quarter (NW 1/4) of Section 9, Township 45 South, Range 43 East, Palm Beach
County, Florida;
Thence South 02029' 14" West, along the centerline of Seacrest Boulevard and the east line of
said Northwest Quarter of Section 9, a distance of 1,218.79 feet to a point;
Thence North 870 30' 46" West, a distance of 40.00 feet to a point on the West right-of-way line
of said Seacrest Boulevard, and being 20.30 feet South of the North line of the re-p1at of Lincoln
Memorial Gardens, and the POINT OF BEGINNING;
Thence South 020 29' 14" West along the West right-of-way line of said Seacrest Boulevard, a
distance of 1,391.26 feet to a point; thence North 8JD 30' 46" West, a distance of 92.00 feet to a
point; thence South 02029' 14" West, a distance of 93.00 feet to a point; thence North 870 30'
46" West, a distance of81.83 feet to a point; thence North 010 01' 59" East, a distance of 156.13
feet to a point; thence North 870 30' 46" West, a distance of 33.81 feet to a point; thence North
01001' 59" East, a distance of 2.74 feet to a point; thence North 870 30' 46" West, a distance of
326.39 feet to a point; thence South 010 01' 59" West, a distance of 12.00 feet to a point; thence
North 87030' 46" West, a distance of 148.72 feet to a point; thence South 010 01' 59" West, a
distance of 19.03 feet to a point; thence North 870 30' 46" West a distance of 176.44 feet to a
point on the East right-of-way line State Route 9 (Interstate 95), a variable width public right-of-
way; thence North 010 01' 59" East, along the East right-of-way line of said State Route 9, a
distance of 1,174.86 feet to a concrete disk found; thence South 880 55' 16" East, a distance of
344.35 feet to a point; thence North 03027' 44" East, a distance of 160.14 feet to a point; thence
South 88055' 16" East, a distance of 545.43 feet to the POINT OF BEGINNING.
Said parcel contains 25.89 acres ofland, more or less.
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D~V~LOPM~KT D~PARTM~KT
PLANNH\\G &: ZONING DIVISION
~IIE!"1iORANDUM NO. ?Z 08 - iC~4
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~am ':; CluD/Non:r-:3ta( AI\JI\!=Y C\9-ClC! 1 <_HllJ'. '=19-002
To ann::)' the DNO properties, and to am::nd the =uwre Land I_'se
designation or 41.69 acres from ['aim Bsach COUllc\':
Commer=ia! ;-jigrl with e rrieximum 5 dweliing :Jnits per a:'-r-
(CHiS) and Institutional and Public :=aciiities . Ir6T) to LJ:ai
Retail Commercial (LRC), and r-szone from F'aim Bsach Countv::
Commercial:;eneral rCG) and Residentiai !v'\ultifamilv (Rfv'\: coo,
Planned Commercial Development (PCD: and =-3 Communi"
Commercia!.
Property Owners:
Appiicam/.ll.g::nt:
Locatior,:
F'arcel Size:
::xisting Lane Use:
=xisti ng =onln~:
PropC'sed Lane Us::::
PropC'sed ::::onin,;;:
?:-DDOS~C: IjS-:::
PROJ1ECT DESCRIPTION
Waimart Stor:::s #E; 140 and r~ortr.Si:ar CelTiet::~ SeIVlc::5 oT :=!....
LLC
Bonnie Iv'jiskei and Scott Sackn-,an
T::.33 5:::acrest BO'JI'2va,di"3691 5:::acr::st Bouievard=xhbit "A"
15.80/~5.89 acr2:;, 3 to'::a' oT 41.CS aer::s
Sarr:':;, Club: F'aim ::.::::oe1-: ,=ounn.:: COrrllTi::,ciai Higr: witr c
n-,o>:lrrI um .5 dweliin~ units p::r- acrE: !CHS i
r\iorthSta,: lnstitutior,a' ane Dubii: Faciiitie.::Ir'S--:-
Sam.5 Club: r'am- S::::acrl '=oU[yy:;,=ommerci3!:;erle-a' , :::':;!
l''>Jortr3l:ar-: F>=sloemi3! IVlulIiTamil\ 'P,IV;!
Loca' P.::tail ':::omm,::rciai (Dotr. Dnci[le:Lie:;
Sarr: :; :::Iub: P,3nl""l':~d Comme,:-inl ::'2\ieioDm::n: ,D::::::
l\iorchSi:ar: :::-:; ':::ommuni~' '::':Jmmer::ial
I'~c chan]::5 Ie C_j;-'en: 1...'5:::5
!:::I~ N'...'M:;~~: L'J.L\P. ~9-JC2-Ar\!=)( I]S-,j~J.
Sam's ]uJ/NortrStar
Adjac~ilt Uses:
North:
So uth:
Developed commercial properties in unincorporated Palm
Beach County, designated CHIS and zoned CG. Farther north
right-of-waV of Hypoluxo Road.
Undeveloped parcel designated High Density Residential
(HDP.) and zoned Multi-Family Residential (R-3), then
townhomes (Pine Point Villas Condo) classified High Density
Residential (HDR) and zoned Multi-family Residential m-J).
East:
Right-of-way of Sea crest Boulevard, farther east single-family
homes (San Castle subdivision) in unincorporated Palm Beach
County, designated MedIum Density Residential (fv'lP.-S) and
zoned Residential IVlultifamily (RM); to the northeast,
developed an d vacant commercial properties in Lantana,
designated and zoned Cl-Commercial.
West:
Right-of-waV of Interstate 1-95.
EXECUTIVE SUMMARY
Staff recommends approval or the requested annexation, land use amendment and rezoning for
the following reasons:
1. The request is consistent with the annexation and other relevant objectives and policies
of the City's Comprehensive Plan.
2.. The proposed amendment will benefit the City by contributing to the diversification of its
economy and its tax base.
3. The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within existing capacities, or generate any negative impact...s
upon adjacent or nearby properties.
PROJECT A.NAl YS!5
The DNa properties which are the subject of this land use amendment total 41.69 acres;
therefore, the proposed [and use change qualifies as a large-scale amendment pursuant 1:0
Chapter 163 F.S. Following local board review and City Commission public hearing, a "large-
scale" amendment is transmitted to the Florida Department of Community Affairs for review for
compliance with the state, regional and local comprehensive plans prior to adoption. Following
the review period of approximately 60 days, DCA provides the City with a report or their
findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has
60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with
changes in response to the ORC reportr or (3) determine not to adopt the amendment and
inform DC,li, of that decision. According to Florida Statutes Chapter 163, large-scale
amendmem:s may only be adopted during two amendment cycles each calendar )lear. This
amendment request is a part of the 1st round of amendments for the 2009 calendar year.
::
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l1"~-)U/C !):!3 _-CJ/:5f.5t=)/~,~~ j,v/t,t'"' d:J[J,I/::a~}/-:: -_.ri;_!~:.?/-3,':_-:;'1
D)a:: T)lici:?5 Itc/udin] juc ,7C)~ iir;7/'t=.':]:-c .3 D--en/oitic.),' .':fea/,:5:::;' 1',C":;2~:;5
C/IIi/2/1i-"7p unit o/2//sity 9>(C22Q/,!::: _::;C /'; L-:-=: /7;-1;,--"-/::a:7,-::- '3\,a::....:ati:J.'- ::~i:72 ~:v/t'l'--;L./: vl,~i::-
a0D/-O\.a/ of the calm Ssac!: ~OU,TJ ~me,--!?enCI 0,2 nile :-//l/~:;i,-Jr' 3,-:: ,.,"= :./, .:
riia/--;ao:?--. Ti7::? f]lanning
r'::?ouh:?men t5, ~1~7icf: l1/ou/d
Q!DDe.-t], /," o/-de- tc cC),.77ol1
d::?:Jar::.'"'7:::::nt 5:"131' a:_,c
-=:,--;~')/7; '"T72,7C
/..0/::3 L':~__)r:~.-::
!3l 'e :-~~ !J~ /:77:J0~:;9:J :.J,- 5ij!]5-2(]Li=,7~ .J:?\.':?:C.J,"::?f""'- ,.Y
!.1//[/: _iJ/ic/:?5 L~:'):7~a/, :,..- [,79 :::).'I':J,~e:19'r.:~'t ~ ,~,3;-'
j 1'.'2 propos'2d j-c::zoning is requested ror 'JeveioLJec :JrClJ~rc:ie:: ane 'omen:::".::I]r 'J/itr
application rClI- annexation, The r'2ouest is :::or~si:;t-:=il::: witT, the '=it\, ~ 3nne).:aT:!or O--Xlrar
described in the following objec::iv::: and Dolicie:: ir- the COITIJ'-:=r--:=':siv::. ::JiG"
Objective 1.15
The City wi!! continue to expand through armeKation of encfal':=s,
pockets and other contiguol.s properties.
{) "~,'1 1::; ~
, O//:....l~,~~.l
The Otl 5lia// conrinue La Dmmote tl2 orce,--!! ann:?>:a[/or :F lan:;.~
consi5tent with Chapter 171, =iorica 5::aWfes ane th9[:'ain: B=:ac/-: :Oun'-,
4nnexation Policl '
Po!;'::\' 1.15.::
Th::: On' 5hal utiii:::,: rou- methODS 0;" ann:?xatior'
1. \lo!un;:an ann:?xarior'
")
AnneJ-:ation Dl interloca! aore:?ment with Pain: Beach Counn ','
Compliance vlitt: Dre-anneya[ion 1'l/3r:?,-- se.'l//C::? 3oreemen::s rrorr
r'~i:-
...1"
On'; and
4. !\ef:?rr~ndum.
Po/i::,\' 1.15.3
The ury 5na// requir::? :?\/:::::,T OlOp:?/Tl D:?fng 3nnex:?,] In[(' [17-3 ::i[i,
concurrent/v 30pi)' for land U59 amendment and -:,::,omnc [c ["Ie'
adopted /and us:: classification and :'onin9 d/5trict,
Th~ reques~ is also consistent with Dbjective 1.~7:
Objective 1.17
The Ci't'ir shalf pursue economic deveiopment opportunities tD
support a competitive iJJnd diversified economy.
Sam's Club will contribute to the diversiflcatior: of th~ Cit\'s economy anG tn::: u::\:; fj:;.cal
profile, now overiv dependent on th::: residential sector fOi its tay r'2venues
b. /lv~7ether the Dropos:?d re::oning Ivouic' b~' conran tc [he :?5[abfisn:?c an::: L'5~
;;atIerJ7 0' WOUld cr:':3[2 ar7 ....so/a[::?c/ O:'5trict un'e/atec [(1 aq/acen-: and nsa;71I
d....striCI5, or Iii/auld eorstirut:,: :3 gan, of spec/a' pl-ivii::?9:': [[ ar indit'/ClLa DrODC:!!Ti
Oll\'ne.- as cont-csted llii/th the ,xotectio,r" 0': tne Dub/ie 11'C:!/i:3r'~.
Th::: proposed r'::20nmg 15 reoue:;tec! ro:- C1ev::I:JDeC oro[lerti-:=:" ane :r:c)nic.:,ie1:icF witr c,.
aopiicatioll ror anne>:atior,. l:l::' ~se:' ere DCltr' :rr::I[le:i:ie::- I,a\'-: [..ee:', I
~,: ~'1 c: ~~' .
:=::-::' N'Jn~o'2-: :JJ!\R OS-OG2-,lI.N::X 09-001
Sam'~ CI'Jb!NorthStar
Paim 3sac~ County's land use and zonmg designations. No changes In use are planned for
either prClpelt'l.
c. V'/heth:3r changed or changing conditions make the proposed rezoning desirable.
The proposed amendment is requested in conj unction with an appiication for anne>~ation. The
existing Palm Beach County land use designation and zoning must be changed to the city land
use designation and zoning distr'lct.
d. Whether the proposed use would be compatible with utility systems; roadways! and
other public facilities.
As stated, the proposed land use amendment does not entail changes to current use of the
subject properties. The addition of an accessory fuelling facility is currently planned for the
Sam's Club (see the Master Plan review in the 12st section of this report); a carwash may be
added later. The f\JorthStar Cemetery Services is planning to add a crematorium sometime in the
future. Both planned additions represent minimal impact upon municipal services as described
below.
Traffic
The refueling facility will be an ancillary use for the Sam's Club and thus there will be a large
proportion of shared trips between the two. The facility will be available exclusively to the Club's
members and will require a membership card for pump activation. The trip characteristics'
analysis done for similar projects indicate the internal trip capture of over 50%.
Likewise, the future addition of the crematorium to the NorthStar's cemetery will not have a
significant impact on the surrounding roadways.
At the time of the site plan application for the respective additions, the concurrency traffic
impact analysis or statement will be provided and will be reviewed by the County for
consistency with the F'al Beach County Traffic Performance Standards ordinance.
Potable Water and Sewer
The City provides both water and sewer services to the Sam's Club property. The addition of a
fuelling station will not have a significant effect on the site's overall water demand and, since
Sam's Club carwash facilities utilize recycled water, a carwash facility would also have a
negligible impact.
Upon annexation, the City will provide water to the NorthStar cemetery, but due to the need for,
and the CDst of, the extensive on-site improvements, NorthStar's connection to the City's sewer
system will be postponed. Moreover, the facility will continue to use well water for irriGation
purposes.
Water Demand
Land Use
I Eldsting! Proposed Office,lCrematrrim
G'lurch
Gene.ation Rare Units
!:?5 GPD per empioyeEj 16
5 GPD p:=r seat 120
T atat GlDP
400
1600
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D.S shownr 1:n,:: proj':::::t--=:d incrses--=: If' waL:--=:, o--=:lT,and !:' insignifi::an: 2; ':::Jm::Jar'2C LC til:: i''2lT,cKli:l'_
capacity, Likewiser tne additional s'2.w'2.r:::aiJacity that wouid je ,'2ouired 1'::1' til'2 r\JonT:~;:cJ"
c'2.met--=:rv ir the future is minima! and car. easilv b-::: accommoda~.:,d b\ th~=i:\':; ~a=iiitie::;.
Sewer Demand
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I Generation Rate i Units
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18,56
SOlid Waste
Th--=: ['aim Beach County Solid Waste Authori:v has stated that adeouate caD3ci,::\ ':')~i:;:::=
accommOGate tne:::ountvs municioaiiti'2.s througnout the 1 ['-II'::ar oianning p'2iioG.
!i)rairiaae
Diainage will a!so be reviewed in d'2.tail as Dart of the sit--=: pian approva: om':e:;5, ana fT.:.o'
satisfy all reauirements or the city and iocal diair,age Dermittin~ authoriti,::,~
Wnet~er the DrDDOSed rezoninp ~1/ou/d De co/77catib/E witr tnC3 ::UT:?n:-- ane ,rue.!'':
L5e 0/' adjacent and nearDI DroDerties, or lii/ouid affe::t the t]rOD:?rT\ iaiues l'."C'
acip:-.-ent or nearbl DTOoerties,
The use o~ tn~ 5ubj~ct DroD~rti~s \Nill no:: =Ilan,ge; the propc;s~d ~':::=onjn'g \Nil D~ cDmpaIID'.:'
witn adja:~n~ and nsarby olOperti'2.s. -:-h,:: :XOp::JS'2C iand L!S':: ane: :::CJnlng ror tn,:: ::,arT's ::::',L
prop--=:n:y is slmiiar to th~ currem Count\' ianC! us':' and :::oning o'2sigr,atior!s. Th,:: ,-o:::a, F"L:Ji
:::ommercia: iand us--=: Ci:=5sifi:::atior is oroposc:d ro' bott"' tn~ :;am~; ':::iUD C1,:l th::, 1'~orth5~::J~
DropeiLY, 80th Drooerti'2.s would a!se' r.a\f:C .::nrnmer:::ia! :::oning c,=:;ig'latioils, witi' c P'==-I :::Olli'E
reouested ro' Sam:; ,:::IUD and ':::-=: :::onrng rCJ" r\ioii:h5;:ar Ii'':: l\Jorth3;:ar =--:m--=:"C~n" limiT
:::ommercial em:erCJr!':;e' :ol:stiwI':': em aooremriaE L,ansiti~)r,al ,5': Detvv':'::r') :'i': :l'Dr inL:-::")'X
:::omme'-:ia :'a~' =:::IU[' te tn,:: rJoltr arle 'c:Slc::,ntiac.'ses ;:~ t:r:':' SCI~!t,: ,::;iV'::i t';,:: y,T,::asibiW,
,=::e r'\Jmbe:-: L'Jt\P, 09-0G2-ANE:X 09-[:01
Sam ':: ']Jb/NorthStar
reJ2veiopment of a iarge existing cemetery, a proposed commercial zoning has a negligible
pOi.:2ntial for negative impact on nearby residential properties in the future,
The proposed commercial land use and zoning designation for the NorthStar cemetery will
accommodate the plan to subsequently add a crematorium. It also reflect..s a commercial, rather
than a public l!se of the property. It should also be noted that the commercia! zoning would
accommodate the placement of a billboard on the cemetery property, pursuant to Florida
Statutes and the 2.001 settlement agreeme nt between the City and two advertising
corpoiations. The settlem'3nt allows for the placem'3nt of a set number of billboards at various
locations along the 1-95 right-of-way, subject to, in part, a residential separation standard and
all applicable siting standards of r=\orida Statutes. The subject property would allow for the
citing of one of th'3 two r:::maining billboards allowed under the agreement, with minimal
impacts on residential and other land uses.
The reauested C-3 zoning for the NorthStar property will require a code amendment, which
staff will propose and initiate to be timed with ultimate adoption of the subject request. The
code amendment is necessary as the current C-3 regulations only allow a funeral home as a
permitted use and funeral home with a crematorium as a conditional use. The amendment
would establish a cemetery in conjunction with a funeral home as a permitted use in the (-3
zoning district.
f. Whether the property is physically and economically developable under the existing
zoning.
The proposed reclaSSification/rezoning involves developed properties and is a necessary action
in conjunction with an annexation.
g. Whether the proposed rezoning is of" a scale which is reasonablv related to the
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning is reasonably related to the needs of the
neighborhood and the city as a whole (see above sections "e" and "f'').
h. Whether there are adequate sites elsewhere in the city for the proposed user in
districts where such use is already allowed.
The proposed amendment is requested for the alr:::ady developed properties and in conjunction
with an application for anne)(ation. No use changes are planned for either property.
,\/iASTER PLAN ANAL YS!S FOR SA'WS CU..BB
When requesting to rezone property to a planned district, such as Planned Commercial
Development (peD), the applicant is required to submit a Master Plan depicting the location of
site improvements, proposed traffic patterns and site data. Since the existing Sam's Club is
requesting PCD zoning, the applicant has submitted the requisite master plan. The master plan
depicr..s the existing one-story, 134,100 square root Sam's Club buiiding situated in the
soutnwest corner of the property, as well as a proposed Sam's membership 92S station and
c:arwash facility in the northeast corn:::r of the property.
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comm::rcial =oning d!s:::licts. Th~ ~)(i5ting E':; lOCi souar'::: JUIIOII:; VJCiUIC ::;.:::::c::C al: ~):
d!3trict :;~tbcd r.::quiremen:s; rron::: - 40' r~'Juir~j':::55 XJvioe::d, Sici-= -, :;0' :':::'OUii,::d/'"5' L
olovio'::o, ard r'C:ar - 40' requi,::dl,:::S' DrJJi'J'::e. !-',::~ fo'" ::;.::tDa:::1 '"'::OJir:::r-,-I.::rl':::: 30:]II::aoi::
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stations, whi,ch would be:: met Wilh the pia: :=;ubmitt.::c; rror,~ - :::;' '"'::Clui'"-::o>~ pr;Jpc'sec:, :;::
20' r.::quired /5::"5' & 130' prooos.::d, and -.::a'" - 20' -eCluire::o'=20' :J"C)\lid,::c.. 3'JIT':::s ar':: ~..::
0:::3ign.::d in accord with the periph'::ial gr:::::nbelt :::guiations, \/vhicr, "equir'e c "Wii:T\UTI lC ;',
iandscape greenbelt area around the ,::ntlre .;i;:~. bS this is G deveiooed sit.:: aDDroved u;'::::<
F'alm Beach County zoning reguiatior:s, t::<:: sit.::, Including n!Jme:D!.:5 '"w':: DreS':::v3T'"
::asemens, complies with tn!s ::::ouirement, e;;C-=Dt rOI ar aDD:-O)~ima"::,=' ~ :IC :~l!T iong ::;,::;m u'~'
along the south .;ide of the buildin~ abutting tli-:: c'::mete:l J,c)J.::It\, ::)IT:: XI t~,i~ sfTlal ~.,
ral!s 3nort o~ the PCD requirem.::n-.:, scaff will :~auire:: cl J,::r';'::i Dia:ltln~ ,~::'"J~m=
accomoiishe::c when th.:: rOlmal sit~ pian is brou;Jht rorwarc ii th,:: TUIU"::: ~C. applCh'':: ~ :...,:::~ "'
carwa3r, facilitv additio;" ;:., final cod,:: orov!3i:Jr JT not~ witni, cr':::: :;p::c;a: ~a:: scatlor '~gu;aL!J'
2ssocialed with Planned COnlnl::rcial D,::veioom:::nt dist,ic,::; :.::oui,e::; 925 :JJiT :sianc;
2ssociat~d canooies be iocaE:Ci a nwlimuiT Ci~ ::?DCi re.::~ ;'"~Jn' ail)' Dubl'- '"ig L,~
reauir:::ment wouid place the ru~iing op~ratiOi!S directly 11- Tmn: of th:: fr~ont ODe)1 ce en':: '::~:':;L '
Sam's Ciub buiiding and would d!spiace:: the:: .::stablished and mcst cDnl/.::nlenI ::,swm:::- Jan
3i::aff sugge:::ts that a code amendm.::nt Dr:: unci'::rLal:,eri 1.C accomll:JGat:o .. ::FO[lC:;'"F
r.::au'::3ting PC[: zoning with e)(!sting impmv.::m.::ntsf whi:r ar::: ann':;>-:":c :n1.C '-,"- :::i,:\. AlilL"
230'::[T-":; of d,::velopment review will b:: a:::conlDiish,::d curine:: th:c :;iT':' 'Jld" ''C'VI:;V\ :Jlr,-..
associat.::d witr the orevioLlsl\' m.::ntionec' fUIUr.:: i m:xnvem':;i\'.'
Reiative to th~ l\Jortr.Star C.::m.::t.::'I' 5'::I-Vl:::':5 of =L. U_C "'~ou~.;-.: fo:- .. _ :::onms, c r,-,ast.::r
not r.::ouired a::; Dart of the r~zoning. The ap;Jii:::ant h2:; .;ugg.::.;ted th:c Do:;.;ioili1::\ c{ TIOdiTVi'I'
the 3ite a~ .;om.:: point in th,: rutur':: ID ac:::ommodat::: c:: :::1"'::ITiatori:JrT:. Wn'::'l" tli:: aODli:::am
i::ady te, bring rorvvard such a pmposal. ';i::aff wil' initiat,:, Ill'" -:':'C::5';0:\ :;it::: ;::liar "evl'::\1\ :lIDC":?:
CONCU1SEOJ\!S I RECOM JIIfi EN D.!,TEO !\S
The r:::que5'L is COr:5!3t~nt witn tne obj:::cti\!e: JT tn-= ell) .; anne);atiClI' plD9;-am ana re!~'vair
Doiici.::s in th.:: Compreh::nsiv,: ?;an. =urth::rmor.::, iI wil' b'::il,::ri: tn,,=, 3c{s economy wit:lQ~;
ci::ating additiorlal impao.:s on inrr2strucrur'::: trlat :::anrl:1t j:c aCCOrrlmojaI:::C: witnlli '::):!Si:!rIC
caCiacitie3, and without g:::n.::rating am n'::93tive impacts UOOi adja::..::n~ 0- r~-=aiD\ 0108::111"::
Th~r,::for'.::, 3taF recommends tha,:: tn:: subject -=::JU~::;':: D2 aDOIO,'ee.
i.IT D, =rl!V]::NT::
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',~'U!,-pnr")"I;l.)II,',
S,AM~S CLUB AND NORTHSTAR PROPERT~ES EXHIBIT ",A"
!LO)CAT~ON MAP
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 20, 2009
Community Alliance group. Carisse Lejeune, Assistant to the City Manager, added it was the first
quarterly report after approval of the recommendations of the Green Task Force by the City
Commission. The report was a status update on summary projects and initiatives that were either
completed or underway and in the planning stage.
Ms. Lejeune requested a policy decision by the Commission for the Affordable Housing Initiative
on the use of WaterWise landscaping materials and irrigation design in housing projects for water
conservation measures. She asked that the measure be included as one of the approved
recommendations of Green Task Force. Mr. Bressner pointed out the Land Development
Regulations would need to be amended with a Code change and public hearings rather than an
administrative decision.
There was consensus that the issue be returned to the Commission for consideration.
Motion
Commissioner Ross moved to approve Item VI.D. Commissioner Hay seconded the motion.
The motion passed unanimously.
Mayor Taylor requested an update on the boundless playground project.
Wally Majors, Director of Recreation and Parks, advised bids had been sent out and were due
by the end of January. Hopefully a contract could be awarded in February with construction
commencing in April with project completion in a year or less.
Returning to the Item VI.B.1., Mayor Taylor questioned why one of the members on the
committee that selected the golf instructor was an employee from Delray Beach. Mr. Majors
responded the gentleman had an extensive background in tennis with a similar tennis center
and contractual agreements needed to operate the facility. He brought an added level of
expertise to the panel.
VII. CODE COMPUANCE .. LEGAL SETTLEMENTS:
None
VIII. PUBUC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
Attorney Cherof administered an oath to all those intending to testify on any quasi-judicial
proceedings before the Commission and gave a brief overview of the procedure to be followed.
A.
Project:
Agent:
Sam's Club/Northstar (ANEX 09-001)
Bonnie Miskel and Scott Backman
10
Meeting Minutes
Regular City Commission
Boynton Beach, FL
Owner:
January 20, 2009
Location:
Description:
B.
Project:
Agent:
Owner:
Location:
Description:
Walmart Stores #8140/Northstar Cemetery Services of Florida,
LLC
West of North Seacrest Blvd, South of Hypoluxo Rd. 7233
Sea crest Blvd and 3691 Seacrest Blvd.
Request to annex the properties. (Sam ~ Club -- j. Reading
Proposed Ordinance No. 09-003) (Northstar - j. Reading
Proposed Ordinance No. 09-004)
Sam's Club/Northstar (LUAR 09-002)
Bonnie Miskel and Scott Backman
Walmart Stores #8140/Northstar Cemetery Services of Florida,
LLC
West of North Seacrest Blvd., South of Hypoluxo Road, 7233
Seacrest Blvd. and 3691 Seacrest Blvd.
Request to amend the Comprehensive Plan Future Land Use Map
classification on ::t:41.49 acres of land from Commercial High
(CHIS) and Institutional (Palm Beach County) to Local Retail
Commercial (LRC).(Sam~ Club -- j. Reading Proposed
Ordinance No. 09-005) (Northstar - 1st Reading Proposed
Ordinance No. 09-006)
Request to rezone from Palm Beach County Commercial General
(CG) and Residential Multifamily (RM) to Planned Commercial
Development (PCD) and C-3, Community Commercial. (Sam's
Club -- jst Reading Proposed Ordinance No. 09-007)
(Northstar -1<< Reading Proposed Ordinance No. 09-008)
Hanna Matras, Senior Planner addressed the annexation, land use amendment and rezoning for
both Items VIII. A and B. The request covered two properties; Sam's Club and Northstar
Cemetery. It included a total of 41.49 acres. She reviewed the current zoning designations and
the request to change to Local Retail Commercial. Sam's Club would be Planned Commercial
Development zoning and Northstar would be C-3, Community Commercial. There would be no
current changes to the existing uses. In the future, Sam's Club would be adding a fueling
facility and Northstar would be adding a crematorium. Staff recommended approval of the
annexation, land use amendment and rezoning. The requests met all the necessary criteria for
approval as outlined in the staff report.
Scott Backman, legal counsel for the applicants, commended staff for their cooperation. He
was present to answer any questions. Attorney Cherof pointed out the requests would return
to the Commission after transmission for approval by the Department of Community Affairs. A
separate annexation agreement would be brought before the Commission also. Any conditions
of approval would be included in the annexation agreement.
Mayor Taylor opened the issue for public hearing or comment.
No one coming forward, Mayor Taylor closed the public hearing.
11
Meeting Minutes
Regular City Commission
Boynton Beach, Fl
January 20, 2009
Attorney Cherof read Proposed Ordinance No. 09-003 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-003. Commissioner Weiland
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-004 by title only on first reading.
Motion
Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 09-004. Commissioner Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-005 by title only on first reading.
Motion
Commissioner Weiland moved to approve Proposed Ordinance No. 09-005. Commissioner Hay
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-006 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-006. Commissioner Ross
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-007 by title only on first reading.
12
XII. - LEGAL
DEVELOPMENT
ITEM A.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
0 A ril 21, 2009
0 Ma 5,2009
0 Ma 19,2009
IZI June 2, 2009
0 June 16, 2009
0 Jul 7,2009
0 Jul 21,2009 Jul
0 Au ust 4, 2009 Jul
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda IZI Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this request on the June 2, 2009 City Commission Agenda under
Legal, Ordinance - Second Reading. The City Commission on January 20, 2009 approved this item (including First Reading
of the Ordinance) for transmittal to the Department of Community Affairs (DCA). The State's review is completed and the
ordinance has been prepared for adoption. For further details pertaining to this request, see attached Department
Memorandum No. 08-104.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Sam's Club (LUAR 09-002)
Bonnie Miskel and Scott Backman
Walrnart Stores #8140 / N orthstar Cemetery Services of Florida, LLC
West of North Seacrest Boulevard, South ofHypoluxo Road, 7233 Seacrest
Boulevard and 3691 Seacrest Boulevard
Request to amend the Comprehensive Plan Future Land Use Map classification
on :t41.49 acres ofland from Commercial High (CH / 5) and Institutional (Palm
Beach County) to Local Retail Commercial (LRC).
PROGRAM IMPACT: N/A
FISCAL IMPACT:
ALTERNATIVES:
~
lty Manager's Si@ature
Develop
Assistant to City Manager
~
/1 , (J --J
Planning and Zon' lrector City Attorney / Finance
S:\P]anning\SHAREDlWP\PROJEC S\Sams Club PB MemoriallLUAR 09-002\Agenda Item Request Sam's Club Amend LUAR 09-00] 6-2-09.doc
S:\BULLETIN\FORMS\AGENDA lTEM REQUEST FORM.DOC
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ORDINANCE NO. 09-L'(5
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AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING ORDINANCE 89-38
BY AMENDING THE FUTURE LAND USE ELEMENT
OF THE COMPREHENSIVE PLAN FOR A PARCEL
OWNED BY W ALMART STORES #8140 AND
LOCATED AT 7233 SEACREST BOULEVARD;
CHANGING THE LAND USE DESIGNATION FROM
COMMERCIAL HIGH WITH A MAXIMUM 5
DWELLING UNITS PER ACRE (CH/5)(P ALM BEACH
COUNTY) TO LOCAL RET AIL COMMERCIAL;
PROVIDING FOR CONFLICTS, SEVERABILITY, AND
AN EFFECTIVE DATE.
16
WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
17
a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
18
pursuant to Ordinance No. 89-38 and in accordance with the Local Government
19
Comprehensive Planning Act; and
WHEREAS, the procedure for amendment of a Future Land Use Element of a
Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
WHEREAS, after two (2) public hearings the City Commission acting in its dual
capacity as Local Planning Agency and City Commission finds that the amendment
hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
the best interest of the inhabitants of said City to amend the aforesaid Element of the
Comprehensive Plan as provided.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The foregoing \l/HEREi\S clauses arc true and correct and incorporated
herein by this reference.
s:\C A\OrdinanceS\Plannin~Land Use\Sams Club doc
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Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
2 following:
3 That the Future Land Use of the following described land located at 7233 Seacrest
4 Boulevard changing the land use designation from Commercial High with a maximum 5
5 dwelling units per acre (CHl5) (Palm Beach County) to Local Retail Commercial:
6
7 See legal description attached hereto as Exhibit "A"
8
9
10 Subject to easements, restrictions, reservations, covenants and rights-
11 of-way of record.
12
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14 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
15 Future Land Use Plan shall be amended accordingly.
16 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
1 7 Section 5: Should any section or provision of this Ordinance or any portion thereof be
18 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
19 remainder of this Ordinance.
20 Section 6: The effective date of this plan amendment shall be the date a final order is
21 issued by the Department of Community Affairs finding the amendment to be in compliance in
22 accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration
23 Commission finding the amendment to be in compliance in accordance with Section 163.3184,
24 F.S.
25 FIRST READING this ~ day of JCLnUfU'j--' 2009.
S:\CA\OrdinanceSJ'lanning.Land Use\Sams Club,doc
-2-
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SECOND, FINAL READING and PASSAGE thL<;
day of
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18 ATTEST:
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21 Janet M. Prainito, CMC
22 City Clerk
23
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25 (Corporate Seal)
26
CITY OF BOYNTON BEACH. FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
II
S:ICA IOrdinances\Planning\Land Use\Sams Club. doc
LEGAL DESCRIPTION
OF
PARCELl
7233 SEA CREST BOULEVARD
PARCEL CONTROL NUMBER 00-43-45-09-23-000-0010
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER (NWl/4) OF SECTION 9,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND KNOWN AS
BEING PARCEL NO. I OF HY-CREST CENTER, AS RECORDED IN PLAT BOOK 64, PAGE 177-178
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING FURTHER
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS DISK FOUND AT THE INTERSECTION OF THE
CENTERLINES OF HYPOLUXO ROAD (WIDTH V ARIES) AND SEACREST BOULEVARD (80
FEET WIDE) AND BEING THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF
SECTION 9;
THENCE SOUTH 02029' 14" WEST ALONG THE CENTERLINE OF SEACREST
BOULEV ARD AND THE EASTERLY LINE OF THE NORTHWEST QUARTER OF SECTION 9,
696.58 FEET TO A POINT;
THENCE NORTH 87030'46" WEST, 40.00 FEET TO THE WESTERLY RIGHT-OF-WAY OF
SEACREST BOULEVARD AND BEING THE PRINCIPAL PLACE OF BEGINNING OF THE
PREMISES HEREIN DESCRIBED;
THENCE SOUTH 02029'14" WEST ALONG THE WESTERLY RIGHT-OF-WAY OF
SEA CREST BOULEVARD, 522.2 I FEET TO A PERMANENT REFERENCE POINT (5/8" IRON PIN
CAPPED #3935 FOUND (0.07 FEET NORTH AND 0.19 FEET EAST) AT THE NORTHEASTERLY
CORNER OF LAND CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC (PARCEL
CONTROL NUMBER 00-43-45-09-05-001-0020 & 00-43-45-09-00-000-3630) BY DEED DATED
DECEMBER 28, 2004 AND RECORDED IN O.R. BOOK 17943, PAGE 691 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE NORTH 88055' 16" WEST ALONG A NORTHERLY LINE OF LAND SO
CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 545.43 FEET TO A PERMANENT
REFERENCE POINT (5/8" IRON PIN CAPPED #3935) FOUND;
THENCE SOUTH 03027' 44" WEST ALONG A WESTERLY LINE LAND SO CONVEYED TO
KEATLEY INVESTMENTS-PALM BEACH, LLC, 160.14 FEET TO A P.K. NAIL & WASHER
FOUND IN ASPHALT PAVEMENT;
THENCE NORTH 88055' 16" WEST CONTINUING ALONG A NORTHERLY LINE OF LAND
SO CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 344.35 FEET TO A 5/8" IRON
PIN CAPPED #3935 FOUND AND DISTURBED ON THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (1-95);
THENCE NORTH 01001' 59" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (1-95), A DISTANCE OF 180.00 FEET;
THENCE NORTH 36002' 54" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (1-95), 143.16 FEET TO A POINT;
THENCE NORTH 10038' 03" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWA Y NUMBER 95 (1-95),587.24 FEET;
\ \ If
t-Xlt liS I T /l
THENCE NORTH 070'25' 24" EAST /\LONG THE EASTERL)' RIGHT-OF-\I,'.-\ Y OF
INTER5TA TE HIGHWAY NUMBER 95 (I-95), 7.25 fEET TO A 5/8" IRON PIN CAPPED 43935
FOlTND AND DISTURBED AT THE SOUTHWESTERLY CORNER OF LAND CONVEYED TO
KRISHNA REALTY, INC. (PARCEL CONTROL NUMBER 00-43-45-09-23-000-0022) BY DEED
DATED FEBRUARY 12,2000 AND RECORDED IN OK BOOK 11607, PAGE 332 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA:
THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO
CONVEYED TO KRISHNA REALTY. INC., 342.66 FEET TO A 'i" IRON PIN FOUND (0.06 FEET
NORTH AND 0.37 FEET WEST);
THENCE NORTH 02029' ]4" EAST ALONG THE EASTERLY LINE OF LAND SO
CONVEYED TO KRISHNA REALTY, INC., ] 52.37 FEET TO A POfNT AT THE SOUTHWESTERLY
CORNER OF LAND CONVEYED TO TACO BELL OF AMERICA, INC. (PARCEL CONTROL
NUMBER 00-43-45-09-23-000-0030) BY DEED DATED DECEMBER 28, 1999 AND RECORDED IN
O.R. BOOK] ]529, PAGE 866 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA;
THENCE SOUTH 870'30' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO
CONVEYED TO TACO BELL OF AMERICA, INC., ]87.2] FEET TO A'S." ]RON PIN FOUND (012
FEET SOUTH AND OJ3 FEET WEST);
THENCE NORTH 020'29' 14" EAST ALONG THE EASTERLY LINE OF LAND 50
CONVEYED TO TACO BELL OF AMERICA, INC., 301.75 FEET TO A POINT ON THE
SOUTHERL Y RlGHT-OF-W A Y OF AFORESAID HYPOLUXO ROAD;
THENCE SOUTH 88053' ]6" EAST ALONG THE SOUTHERLY R]GHT-OF-WA Y OF
HYPOLUXO ROAD, 54.00 FEET TO A POINT AT THE NORTHWESTERLY CORNER OF LAND
CONVEYED TO MOBIL OIL CORPORATION (PARCEL NO.6) (PARCEL CONTROL NUMBER 00-
43-45-09-00-000-3070) BY DEED DATED APRIL 03, 1972 AND RECORDED IN O.R. BOOK ] 997.
PAGE 176 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA:
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO
CONVEYED TO MOBIL OIL CORPORATION, ]37.00 FEET TO A PERMANENT REFERENCE
POINT (5/8" IRON PIN CAPPED #3935) FOUND (O.OJ FEET SOUTH AND 0.]6 FEET WEST) AT
THE NORTHWESTERLY CORNER OF LAND CONVEYED TO MICHEL p, BARBERIS (PARCEL
CONTROL NUMBER 00-43-45-09-23-000-0040) BY DEED DATED APRIL 20, 2004 AND
RECORDED IN O.R. BOOK ]6830, PAGE 129] OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
THENCE SOUTH 1103] '09 WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED
TO MICHEL P. BARBERIS, 60.75 FEET TO A POINT:
THENCE SOUTH 02029' ]4" WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED
TO MICHEL P. BARBERIS, 142.00 FEET TO A POINT;
THENCE SOUTH 87030'46" EAST THE SOUTHERLY LINE OF LAND SO CONVEYED TO
MICHEL P. BARBERIS, ]47.50 FEET TO THE WESTERLY LINE OF TRACT "A" USED FOR
RlGHT-OF-WA Y OF SEACREST BOULEV ARD OF SAID HY-CREST CENTER:
THENCE SOUTH 02029' 14" WEST ALONG THE RIGHT-OF-WAY OF SEACREST
BOULEVARD, 40.00 FEET TO A P.K. NAIL & WASHER FOUND IN ASPHALT PAVEMENT (0. ] 0
FEET NORTH, 0.22 FEET WEST) AND BEING THE NORTHEASTERLY CORNER OF LAND
CONVEYED TO WAL-MART STORES, INC. (PARCEL 5) (PARCEL CONTROL NUMBER 00-43-45-
09-23-000-0050) BY DEED DATED JANUARY 24, 1989 AND RECORDED IN O.R. BOOK 5945,
PAGE 1460 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE NORTH 87030'46" WEST ALONG THE NORTHERLY LINE OF LAND SO
CONVEYED TO WAL-MART STORES, INC. (PARCEL 5), 166.00 FEET TO A P.K. NAIL SET IN
ASPHALT PAVEMENT;
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO
CONVEYED TO WAL-MART STORES, INC. (PARCEL 5), 260.00 FEET TO A 5/8"X30" IRON PIN
CAPPED (RIVERS TONE CO DUDLEY LS6527) SET;
THENCE SOUTH 87030'46" EAST ALONG THE SOUTHERLY OF LAND SO CONVEYED
TO WAL-MART STORES, INC. (PARCEL 5), PASSING THROUGH A PERMANENT REFERENCE
POINT (5/8" IRON PIN CAPPED #3935) FOUND (0.07 FEET SOUTH AND 0.12 FEET WEST) AT
166,00 FEET, A DISTANCE OF 178.00 FEET TO THE PRINCIPAL PLACE OF BEGINNING AND
CONTAINING 14.7961 ACRES OF LAND AS SURVEYED AND DESCRIBED BY EDWARD B.
DUDLEY, L.S. NO. 6527 OF THE RIVERSTONE COMPANY IN OCTOBER OF 2008, BE THE SAME
MORE OR LESS, BUT SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND
RESTRICTIONS.
All 5/8"X30" IRON PIN SET AND CAPPED (RIVERSTONE CO DUDLEY LS6527)
DEED OF REFERENCE
LAND CONVEYED TO WAL-MART STORES, INC. BY DEED DATED JANUARY 24, 1989 AND
RECORDED IN OFFICIAL BOOK 5945, PAGE 1460 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
BASIS OF BEARINGS:
THE CENTERLINE OF SEA CREST BOULEVARD AS SOUTH 02029'14" WEST AS RECORDED IN
HY-CREST CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 64,
PAGE 177-178 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
SAM'S CLUB FUELING STATION SERVICE PUMPS PARCEL
(aka PARCEL 5)
LEGAL DESCRIPTION OF AREA OF INTEREST
A parcel of land lying in the Northwest Quarter CNW 1/'4) of Section 9, Township 45 South,
Range 43 East, Palm Beach County, Florida, and known as being Parcel No, 5 of Hy-Crest
Center, as recorded in Plat Book 64, Page 177-178 of the Public Records of Palm Beach County.
Florid, and being further bounded and described as follows:
COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road
(width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast comer of said
Northwest Quarter of said Section 9;
Thence South 020 29' 14" West, along the centerline of Seacrest Boulevard and the east line of
the Northwest Quarter of Section 9, a distance of 696.58 feet to a point;
Thence North 870 30' 46" West, a distance of 52.00 feet to a permanent reference point (5/8"
iron pin capped #3935) found on the westerly line of Tract "A" used for right-of-way of Seacrest
Boulevard and being the Principal PLACE OF BEGINNING of the premises herein described;
Thence continue North 870 30' 46" West, along a Northerly line ofland conveyed to Wal-Mart
Stores, Inc. (Parcel No.1) (Parcel Control Number 00-43-45-09-000-0010) by deed dated
January 24, 1989 and recorded in O.R.B. 5945, Page 1460 of the Public Records of Palm Beach
County, Florida, a distance of 166.00 feet to a 5/8" x 30" iron pin capped (Riverstone Co.
Dudley LS6527) set;
Thence North 020 29' 14" East, along a easterly line of land so conveyed to Wal-Mart Stores.
Inc. (Parcel No.1) a distance of260.00 feet to a P.K. nail set;
Thence South 870 30' 46" East along a Southerly line of land so conveyed to Wal-Mart Stores,
Inc. (Parcel No.1), a distance of 166.00 feet to a P.K. nail and washer found in asphalt pavement
and being the Westerly right-of-way line of Seacrest Boulevard;
Thence South 020 29' 14" West along the Westerly right-of-way line of said Seacrest Boulevard.
a distance of 260.00 feet to the Principal PLACE OF BEGINNING, and containing 0.991 acres
of land as surveyed and described by Edward B. Dudley, L.S, No. 6527 of the Riverstone
Company in October of 2008, be the same more or less, but subject to all leg al highways.
easements and restrictions.
Note: All 5/8" x 30" iron pins set and capped (Riverstone Co Dudley LS6527).
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 08 - 104
Chair and Members
Planning and Development Board
Hanna Matras
Senior Planner
/1
I
(/
lvlichael W. RUm~fLJ~. -'-
Director of p1lanning and Zoning
December 1, 2008
Sam's Club/NorthStar/ANNEX 09-001-LUAR 09-002
To annex the two properties, and to amend the Future Land Use
designation on 41.69 acres from Palm Beach County's
Commercial High with a maximum 5 dwelling units per acre
(CH/S) and Institutional and Public Facilities (INST) to Local
Retail Commercial (LRC), and rezone from Palm Beach County's
Commercial General (CG) and Residential Multifamlly (RM) to
Planned Commercial Development (PCD) and C-3 Community
Commercial.
Property Owners:
Applicant/ Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Walmart Stores #8140 and NorthStar Cemetery Services of FL,
LLC
Bonnie Miskel and Scott Backman
7233 Seacrest Boulevard/3691 Sea crest Boulevard (Exhibit "A")
15.80/25.89 acres, a total of 41.69 acres
Sam's Club: Palm Beach County's Commercial High with a
maximum 5 dwelling units per acre (CH/S)
NorthStar: Institutional and Public Facilities (INST)
Sam's Club: Palm Beach County's Commercial General (CG)
NorthStar: Residential Multifamily (RM)
Local Retail Commercial (both properti:::s)
Sam's Club: Planned Commercial Development (PCD)
NorthStar: C-3 Community Commercial
No chanae3 to current uses
.:; _ f~ U I~'!!Y='
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,L>.j~acent U:;es:
i~ o:tr, :
::'JevelODec :onirn::rciai JrO:J,::rtie::: I: Jil:'ICO-PO-2;:e::C ;:: aim
B::ClCr: ':::ount, , jesigr,atec ='--1 '~ ::ne; ::","1:-':: _.' ",,'
So utI; :
, -
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Undev,::loiY::C parce::l clesigr,ai:ec HiJ- =':::;Io::r-,,::
:'HDP cnc ='Cl"'i-::C IVlu :::amii\ ;::'C::;lo.::n::ia P-.:"
IJwnnom'=,~ ~I n:-. Poin:: \/il;25 CcnOCi ciassif,::e ~iJ: ~,::r-,
P::sid::lltial :HDF' j and cone::d 1\1uIL-rafTil\ P,:::::;[d.=n-.:ia' iP-::
ca:;t:
P.ign::-of-wa\ of 3eaue:::;t Bour.::v'Cl'd., ra:1:rle'" e2st singiE:-farll
hom-::~ ! Sar '::::2;tie sUDdivlsion Ir: uninco"'po,ated Faim 5'::3['
::'~)Un'::\, O'::Si;)i,ai:,::.:j Ivj.::dium [Ier.sitv Pesidemia: i 1\1;::-5: "
zonec F~esid,=mia: lv')ultifamih.Tr\1:; "Co th.:: ,lo:1:he2:;:
oev.::ioDed and "acant comm.::rcia! :JrOD.:::-r.:i-::::: Lan-.::-!"",
aesignatec: and zonec ':::l-::::omn''::I'cia
West:
Pjgn:-of-wav or Imer;t:au: I -~15.
=XECUTIVE SfUM'Io1ARY
Staff recommends approval of the reque.;tec ann,=);ation, land l2se amendment and re:::oninc; ~(I'
the following reasons:
1. The request is consistent with tile anne>;ation and other relevant objectives and poilCle5
of the City,ls Comprehensive Pian.
.,
The proposed amendment will benefit tile City by contributing Ie: tn~ dlv.::rsification 0' i-
economy and its ~ax base.
3. The proposed amendment wouid not cr~~ate additional impacts or lnfi-astructur~ tha~
cannot be accommodated within ::)(isting capacities, or generale any ne::gativ'c' Inlpae::::
upon adjac:::nt 01' nearby proDerties.
PROJECT ANAL Y5!5
The two properties which are the subje,e:t of this iand us'::' amendmem LOLa' 41.09 deie,
therefore, the proposed land use change qualifies as a large-.;caie am.::ndment Dwsuan,
Chapter 163 F.S. Following local board r:::view and City =ommission DUDii::: n-=aring, 2 ",3'";1:
s,cale" amendm:::nt is transmitted to the Florida Depan:m:::nt of=ommuniI\ Affai:s for' 'evi'::\1\ ,
compliance with the stater regional and local comprehensive pians prior tc adoption. Foliowin,
the review period of approximately 6el dayrs, DCD, provides the:: Citv with c reDDI-:: 0" 'T'.c::
findings in an "Objections, Recommendations and=omm:::ni:c (()RC: F'::[JO';:'". '=It\ ~h':::I:-'.
60 day; 1:0 either (1) adopt the amelldm:::nT. as tran;mitted, \;2: aOOD', the amendment WiI
changes in r:::SDon;e to the OR.e report Dt I'::;) determine not tc' aoopt tn,:: am.::nomem
inform DC:,~ of that d~cjsjori. ,4ccordjn,? ICl :=loriGc Sta'[ut~s '=haDt~~ 163, Iclro~-.s'=Cl!
amendm'::llts iTiav only be adopLed during tWC am.::noment=vcl:::s ::.a::rca!,=rl:Ja-'-::-J:
amorJo'mon- r-;:JrIUo-+- i:- -, Da:-t 0" t:-I'- " '1 r-'-j'lnr -'rr\Or'I.:J-IT\On'~ 1'-1'" tn:: -_!r)(I~ -_O\I::""'lu';a~,' "I.ce,'
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File Number: LUAR 09-002-ANEX 09-001
Sam's C1ub/NorthStar
This proposed amendment is being reviewed for transmittal to the Florida Department of
Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be
scheduled for adoption, tentatively in May 2009.
a. /ltlhether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to; a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's risk
manager. The planning department sha!l also recommend limitations or
requirements; which would have to be imposed on subsequent development of the
propertYI in order to comply with policies contained in the comprehensive pian.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The request is consistent with the City's annexation program as
described in the following objective and policies in the Comprehensive Plan:
Objective 1.15
Policy 1.15.1
Policy 1.15.2
Policy 1.15.3
The City wilf continue to expand through annexation of enclaves,
pockets and other contiguous properties.
The City shall continue to promote the orderly anne;.:ation of lands
consistent with Chapter 171; Florida Statutes; and the Palm Beach County
Annexation Policy.
The City shall utilize four methods of annexation:
1. Voluntary annexation;
2. Annexation by interlocal agreement with Palm Beach County;
3. Compliance with pre-annexation water service agreements from the
City; and
4. Referendum.
The City shall require every property being annexed into the City to
concurrently apply for land use amendment and rezoning to c^"ie Citys
adopted land use classification and zoning district. II
The request is also consistent with Objective 1.17:
Objective 1.17
The City shal! pursue economic development opportunities to
support it competitive and dilrersified economy.
Sam's Club will contribute to the diversification of the City's economy and the City's fiscal
profile, now overly dependent on the residential seaor for its tax revenues.
b. Whether the proposed rezoning would be contrary to the established land use
pattern or would create an isolated district unrelated to adjacent and nearby
districts. or would constitute a grant OT spec/al privilege to an individual property
owner as contrasted with the protection of the public welfare.
The propos:::d rezoning is requested for developed properties and in conjunction with the
application for annexation. The uses of both properties have been long established under the
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s land L!~~ 2nj :=CI[-':
'j':::::;1 ;c::J~),-:: !\J -"-:J'-lJ:~-=- '"! -. ::1"- -!Id i,["-l'"
11if72C'7:?r cfla,'7ged or ch3n9/'7s~ c
:~'13;',=~ ~ . 2:-:J;..']05=IC:' ~-=..--'::'1:.:.7:: :J=I~;',:'-.:::J~l,'-::I
t ne:: proposed amendm.::nt !S "''::OUe::;I'':O I, UI-ICCI'J;" \;VI".:;- 3n aJDii,c3r::c): 'Jr ann::, 2:tIJr,
.::Y!sting F'alm Beach County land l'se desi~lI-,atlcm 211I=: 20nlnC TIL!st b,,: ,ci-'clrlCleC: T~ t:-'c=i'::\3 '
L!s<:: designatiorl and zoning distric:::.
c.
/.V'7eth2," the prOp052d US2 Ivouic C-:' c,Jn7:JatilJi2 11Iitr: utiiitl
other pubiic ,;cacii/ti2s.
3i :SC'3;r-r;.: '~:'3L~i!;'~cn '5.
As stated, the proposed land use:: amenam.::nt do'::s not .::ntail changes tc:c~rr'3nc 'Js:: Of e",
subject Droperties. The addition of an acc.::ssory fu.::liing facility !,;cuiT.::ntiy planned fo, -:",
San':'s Club (see the rVI2ster Plan review in last s'::ction of this :'::DOrt;; 2 ::a,Vv'2S:l nia\ ::1:
added later. The NorthSl:ar Cemetery S.::n/ices 'S pianning to add a cren-,ato,ium sOITl::time ir _
future. Both planned additions I-epresent minimal impact upon municiDal servic':::::: 2S d.::scribe=
below.
Traffic
The refueling faciiity will be an ancillary use fo'" the Sam's (]UD and thl's the'-e will be c ;2;-g
proportion of shar:::d trips between the two. The facility wili be availabi'2 exclusivei\' -co the [iut>:
members and will require a m:::mber;hip ::ard for pump activation. The 'Tiel c:-raract:::riS-C1::
arlalysis done for similar Drojects indicate the int:::mai trip capture of ov.:::' 500,c,.
Likewi;e, the future addition of the crematorium to the NorthStar's c::m.::terv wili not have:
significant impact on the surrounding roadwav.3.
At the time of the site plan application for~ th~ respediv~ additions, the :on ::urren,:y traiTl,_
impact analysis or statem.::nt will be provided and will be r::,viewed by tne=oun'=) re'
cons!stency with the Pal Beach County Traffic P::,rformance Standan:!s ordir,onc'C'
Potable Water and Sewer
The City' provid:::s both water and s.::wer s':;ivices to the San's Club proD'=8'. -~e addilion c/ =
fuelling station will not have a significant effect Oil the site's cwei-al: water demand and, sin__
Sam's Club carwash faciiities utilize ,-.:,cvcl-::d \lvat.::r. a ::ar\lv'2sh faciiitv WOUld ai.;o have:
negiigible impact.
Upon annexation, the City will provide wat.::r lD Ine l\iortr.Sta:' cem::l:e!\. DU~ due IC the n.::.::c
and the cost of, the extensive on-.;ite improvem':::nts, NorthSta,:; cOllnectior to the Citv's sewe:
svstem will be Do;woned. IVloreove" the facilitv wil! continue to ~s:: we:: I I vv-at.::r hr irTigaticy
DUrDOSes.
Water Demand
-'---,---'- -
I Land Use
::)(E stin g/ Mio posed I Office,! ere ma to:- i m
!=nur:h
- r:-_u_-
IGeneration Rate
I Unit~
iT ffi:a[ GD!D I
II:; ,--::pr) nCH--- on'1nln,'~ 1::;
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r=ile Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
The future addition of a crematorium will have a marginal impact, accounted for in the above
table. The generation rates for office and church uses are applied in demand calculations for the
existing funeral home and chapel buildings,
Potable Water Facilities
Water Plant Capacity' (peak day) I 27 ,000,000
Committed capacity (actual flow + reserved capacity, Deak day 23 ,622,289
Remaining capacity 3,377,711
SFWMO permitted withdrawals (average day) 21,490,000
Contracted amount to purcr,ase from County 5,000,000
Expiration date of water use permit August 14, 2010
"'lncludes 5,000,000 contracted to purchase for Palm Beach County
As shown, the projected increase in water demand is insignificant as compared to the remaining
capacity. Likewise, the additional sewer capacity that would be required for the NorthStar
cemetery in the future is minimal and can easily be accommodated by the City's facilities.
Sewer Demand
Land Use Generation Rate Units Total GDP
Existing I Proposed OfficejCrematorim 25 GPD per employee 16 400
Church 5 GPO per seat 1120 600
1,000
Sanitary Sewer Facilities
Sewer Treatment Capacity 24 MGD
Committed or allocated capacity (III\GO) 1856
Available capacity (MGO) 2.72
Solid Waste
The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's municipalities throughout the lO-year planning period.
!!)raiUlaoe
Drainage will also be reviewed in detail as part of the site plan approval process, and must
satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties/ or would affect the property' values of
adjacent or nearby properties.
The use of the subject properties will not change; the proposed rezoning will be compatible
with adjacent and nearby properties. The proposed land use and zoning for the Sam's Club
property is similar to the current County land use and zoning designations. Th<:: Local Retail
Commercial land use classification is proposed for both the Sam's Club and the NorthStar
property. Both prop:::rties would also have commercial zoning designations, with a peD zoning
requested for Sam's Club and C-3 zoning for NorthStar. The NorthStar cemetery, which is a
commercial enterprise, constitutes an appropriate transitional use between the high intensity
commercial Sam's Club to the north and residential uses to the south. Given the unfecsibility of
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"::d::'\I::iJpm-::::~ 01 2 lal-g2 '::;<~';Lin= c':'met:::1 _' p"oposec ~Jmrnercia :::.I'-il-I::::
oo-.:::''l::iai TJ'- '-'::9ativ2 ImpaCi: ~m n2ai~V '"e:::;iO::'-lti (3 DmD2":l':::: I" '"n.=
: ne pmDOS'::;C 'comm.::rcial land L:5':: a =0'11"1';1 o-:::;igrlatl::J~ ~:-;"" :~~;;Lr3i:a, ~er'-,.::;t,::!'\'
aC::'J'llmodat-= 2 Diar, te, sub:;::qU::::T:I\ acid c::"~n-,a;:'TiJr'l 1" d!SC l"::::fl~'::C:: c ,::yyr,::I'c;a: '-3;:"Y
;:han 2 ::ubli:: '5':: of th,:: proDerty, Ie SiIO'UI::: 2'S::' b:: noc-::,c! t:la~ ti"2 ::]mme'-::'i2' ZO'1ll"1g WCiI~IC
accommodat,:: the placement of a oilloGa"'d (In ch::: c::m.::t:::ry Oi'GP'::'T" ;Jursuam i::C =lon:J:
3tatut2s aild the 2001 settiem.::nl: agre.::m~nt b::tw::':'r _, :\~lCr aO\l::::I:I::.]:",
::orpo:'atiDr:5. The:: :;.::ttl:::m.::nt allows for tr,:: piac.:::''ll-::i1:: 0" 2 ::;.:::: numb:::"OT bill:CYJarc:; al: \;aii:IT
iocations aicJng th,:: 1-95 :ight-of-vvaV, subj.::cc ;::,) r ir !.Ja:-.:, a r':'sld-2ritia :;.::paiation ;i:ol1dard ar:,
al! apolicabie:: siti:lg standards of f=loriG2 S'Latut.:::'s. The '=;Ubl'2C: :XO::l::i'.:: \Voule 311DW Tel! '-
citing of Jn~ of the two r~maining billbCl3rcs allowed ,nd,::;:- Tie 3;1re:::m.::nr:, nllnlr-
inlGacr:s or, ie.=;id,:,ntial and Gth.::: land ~5-::S,
The requ'.::st'.::d (::-3 zoning for the:: l\jorthSt31- DiOp'.::l1:y will :eouir':' a =ooe a!TI'.::ndmeilc, \lVr.,=:
staff will proDose and initiate to be timed witn ultimate adoption of th~ ;'-lDj'.::ct :eoues:. -c,
code am'2ndment is necessary as the curr-2nt C- 3 regulations on IV aIIO\:\' a funeral home 2~
p.::rmitted us::: and funeral hom':: with a u'::fTlatorium a.; a conditional us'::. -;-1':: am.::ndrrle:.
wouid establish a cem'2tery in conjunction witn a fun::rai horn':: as a o-::rmitt.::ci use iil th,:: ::-'
zoning district.
~
Vvhether the Dropert)' is Dhlsicalli' and economicalli' del/eioeaDle un:J2r tn":' ::;)(is[I'7:
::onma,
The propos,::d reclassification/rezoning inVOlves develoDed prop.::rties ant Ie a n-2c:::ssarv actlOi'
in conjunction with an anne>:ation.
c, Vi/^iether the Dropcsed re::oning is or a scaie whi,:;': 1~c.~e25or;ab/1 :-eia[ec [0 th::'
needs of the neighborhood and the cin 25 a /lVhL71::.',
The r,::quested land US-2 amendment and rezoning is re2sonabl'y r.::lat-2d tCI the neeC5 0':: th:,:
neighborhood and the city as a whol-2 (s.::e:: abov.:: s:::ctions ":,:" and \\~""
h. IVhether there are adequate sites E's2!1vhere ir the L-:itl it7/" ['79 Drooc'sed ,-:se, Ir
distn'cts l,vhere such use is a/readl' al/ol,1/ed.
The propo.;ed am.::ndment is requested for th-2 ai,'C:ady dev::ioped proDerti'2'; al"iCi Ii' con!un,:]!i
with an application for ann:::xation. No use:: chang'2s are planned fo: eith-::r propel'.:\
fllip.5TER PLAN ANAL YS!S FOR SAM'S CUJIB
When requesting to rezone Dropert) to 2; p:(3nn:::d d!strict, sucn 2:" Piann-::d ::'omme::rci2:
Development (PCD)r the applicant is I'eouired to submit a Ivi2SL:e:' Pian o-::Dlcting tile' locatiol' ;J'
sit-2 improvem-2nts, proposed traffic patterns and sit", da-;:c:, 3inc:,:. tn': '2"js'Ling SafT:: Ciut
r':'questing PCD =oningr th-2 3Dplicant hcs ;ubmitted the ,eoui;ite ITlc;L::::i Diar:, Tne rYicSt-2" r'2':
depicts the exi;ting one-story, 134, lOCi squar::::: fCiOi: San::: ']ub Duilding SitUaI-::c 11'I
southw,::stcorn.::r of the pmpert'y', as w.::l! 2:::, c ::JroD(;s'::ci ='cm: mem::I.:::'shl: ,r' :;;:atior, 3: I
carwash faciiity in the northe2st corn-::i tile:: pro::J'2!l:\ ,
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
The pian depicts parking on all sides of the property, with the largest parking fields to the east
and north of the existing Sam's structure. With the inclusion of the gas and carwash facility, the
site proposes 683 parking spaces, four (4) spaces in excess of the required 679. Access to the
property would be through four (4) e)cisting driveways, one (1) from Hypoluxo Road, just east
of Seacrest Boulevard, and three (3) existing drives off of Seacre;t Bouleval-d, at the northel-n
edqe, center and southern edge of the site. The site has traffic circulation completely al-ound
the site and existing and proposed structures, for ease of service deiivery and emergency
access.
Planned Commercial District regulations establish setbacks and buffers in excess of standard
commercial zoning districts. The existing 134,100 square foot building would exceed all of the
district setback requirements; front - 40' required/355' provided, side - 30' required/45' & 2.70'
provided, and rear - 40' required/55' provided. As for setback requirements applicable to the
proposed gas and carwash facility, the code sets forth special setback r:::guiations for gas
stations, which would be met with the plan submitted; front - 35' requiredj36' proposed, side -
20' required/555' & 130' proposed, and rear - 20' requiredj220' provided. Buffers are to be
designed in accord with the peripheral greenbelt regulations, which require a minimum 10 foot
landscape greenbelt area around the entire site. As this is a developed site, approved under
Palm Beach County zoning regulations, the site, including numerous tree preservation
easements, complies with this requirement, except for an approximate 190 foot long segment
along the south side of the building abutting the cemetery property. Since only this small strip
falls short of the PCD requirement, staff will require a denser planting scheme to be
accomplished when the formal site plan is brought forward in the future to approve the gas and
carwash facility addition. A final code provision of note within the special gas station regulations
associated with Planned Commercial Development districts requires gas pump islands and
associated canopies be located a minimum of 200 feet from any public right-of-way. As this
requirement would place the fueling operations directly in front of the front door to the existing
Sam's Club building and would displace the established and most convenient customer parking,
staff suggests that a code amendment be undertaken to accommodate those properties
requesting PCD zoning with existing improvements, which are annexed into the City. All other
aspects of development review will be accomplished during the site plan review process
associated with the previously mentioned future improvements.
Relative to the NorthStar Cemetery Services of FL, LLC request for C-3 zoning, a master plan is
not required as part of the rezoning. The applicant has suggested the possibility of modifying
the site at some point in the future to accommodate a crematorium. When the applicant is
ready to bring forward such a propo;al, staff will initiate the necessary site pian review process.
CONCLUSIONS I RECOMMENDATIONS
The request is consistent with the objectives of the City's annexation program and relevant
policies in the Comprehensive Plan. Furthermore, it will benefit the City's economy without
creating additional impacts on infrastructure that cannot be accommodated within existing
capacities, and without geneiating any negative impacts upon adjacent or nearby properties.
Therefore, staff recommends that the subject request be approved.
AT! ACH!Vi :::NTS
S;\Planntng\5HAREO\WP\PROJECTS\.':",am.r; Club PB IVlemonal\LUAr' O~-OO:Z\STAFF r.EPOP'" .sam':;Clu~i-PBfVlerTIonc.d.ooc
SAJ\!f=S CLUB ANt) NO,RTHSTAR PROiPERTfES
L01CAT~ON r\fiJAP
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
Owner:
January 20, 2009
Location:
Description:
B.
Project:
Agent:
Owner:
Location:
Description:
Walmart Stores #8140jNorthstar Cemetery Services of Florida,
LLC
West of North Seacrest Blvd, South of Hypoluxo Rd. 7233
Seacrest Blvd and 3691 Seacrest Blvd.
Request to annex the properties. (Sam's Club -- J- Reading
Proposed Ordinance No. 09-003) (Northstar - J6t Reading
Proposed Ordinance No. 09-004)
Sam's Club/Northstar (LUAR 09-002)
Bonnie Miskel and Scott Backman
Walmart Stores #8140jNorthstar Cemetery Services of Florida,
LLC
West of North Sea crest Blvd., South of Hypoluxo Road, 7233
Seacrest Blvd. and 3691 Seacrest Blvd.
Request to amend the Comprehensive Plan Future Land Use Map
classification on :%:41.49 acres of land from Commercial High
(CHjS) and Institutional (Palm Beach County) to Local Retail
Commercial (LRC).(Sam's Club -- 1- Reading Proposed
Ordinance No. 09-005) (Northstar - 1- Reading Proposed
Ordinance No. 09-006)
Request to rezone from Palm Beach County Commercial General
(CG) and Residential Multifamily (RM) to Planned Commercial
Development (PCD) and C-3, Community Commercial. (Sam's
Club -- J- Reading Proposed Ordinance No. 09-007)
(Northstar _1st Reading Proposed Ordinance No. 09-008)
Hanna Matras, Senior Planner addressed the annexation, land use amendment and rezoning for
both Items VIII. A and B. The request covered two properties; Sam's Club and Northstar
Cemetery. It included a total of 41.49 acres. She reviewed the current zoning designations and
the request to change to Local Retail Commercial. Sam's Club would be Planned Commercial
Development zoning and Northstar would be C-3, Community Commercial. There would be no
current changes to the existing uses. In the future, Sam's Club would be adding a fueling
facility and Northstar would be adding a crematorium. Staff recommended approval of the
annexation, land use amendment and rezoning. The requests met all the necessary criteria for
approval as outlined in the staff report.
Scott Backman, legal counsel for the applicants, commended staff for their cooperation. He
was present to answer any questions. Attorney Cherof pointed out the requests would return
to the Commission after transmission for approval by the Department of Community Affairs. A
separate annexation agreement would be brought before the Commission also. Any conditions
of approval would be included in the annexation agreement.
Mayor Taylor opened the issue for public hearing or comment.
No one coming fOlWard, Mayor Taylor closed the public hearing.
11
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 20, 2009
Attorney Cherof read Proposed Ordinance No. 09-003 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-003. Commissioner Weiland
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-004 by title only on first reading.
Motion
Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 09-004. Commissioner Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-005 by title only on first reading.
Motion
Commissioner Weiland moved to approve Proposed Ordinance No. 09-005. Commissioner Hay
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-006 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-006. Commissioner Ross
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-007 by title only on first reading.
12
XII. - LEGAL
DEVELOPMENT
ITEM A.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 April 21, 2009 April 6, 2009 (Noon) 0 June 16, 2009 June 1,2009 (Noon)
0 May 5,2009 AnriI20,2009-ONoon) 0 Julv 7, 2009 June IS, 2009 (Noon)
0 May 19, 2009 Mav4, 2009 (Noon) 0 Julv 21, 2009 Julv6,2009(1Joon)
IZI June 2, 2009 MavI8,2009(Noon) 0 August 4, 2009 July 20,2009 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda IZI Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this request on the June 2, 2009 City Commission Agenda under
Legal, Ordinance - Second Reading. The City Commission on January 20, 2009 approved this item (including First Reading
of the Ordinance) for transmittal to the Department of Community Affairs (DCA). The State's review is completed and the
ordinance has been prepared for adoption. For further details pertaining to this request, see attached Department
Memorandum No. 08-104.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRlPTION:
Northstar (LUAR 09-002)
Bonnie Miske! and Scott Backman
Walmart Stores #8140/ Northstar Cemetery Services of Florida, LLC
West of North Seacrest Boulevard, South of Hypoluxo Road, 7233 Seacrest
Boulevard and 3691 Seacrest Boulevard
Request to amend the Comprehensive Plan Future Land Use Map classification
on 2=.41.49 acres of land from Commercial High (CH / 5) and Institutional (Palm
Beach County) to Local Retail Commercial (LRC).
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
Development Depa
1}/)j]V" ~
~~ager's Signature
Assistant to City Manager ~
Planning and Zo Director City Attorney / Finance
S:\Planning\Planning Temp ates\Agenda Item Request Northstar Amend LUAR 09-001 6-2-09.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDiNANCE NO. 09-[[:&
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38
5 BY AMENDING THE FUTURE LAND USE ELEMENT
6 OF THE COMPREHENSIVE PLAN FOR A PARCEL
7 OWNED BY NORTHST AR CEMETERY SERVICES OF
8 FLORIDA LLC., AND LOCATED AT 3691 SEACREST
9 BOULEVARD; CHANGING THE LAND USE
10 DESIGNA TION FROM INSTITUTIONAL AND PUBLIC
11 FACILITIES (INST) TO LOCAL RETAIL
12 COMMERCIAL; PROVIDING FOR CONFLICTS,
13 SEVERABILITY, AND AN EFFECTIVE DATE.
14
15 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
16 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
17 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
18 Comprehensive Planning Act; and
19 WHEREAS, the procedure for amendment of a Future Land Use Element of a
20 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
21 WHEREAS, after two (2) public hearings the City Commission acting in its dual
22 capacity as Local Planning Agency and City Commission finds that the amendment
23 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it In
24 the best interest of the inhabitants of said City to amend the aforesaid Element of the
25 Comprehensive Plan as provided.
26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
27 CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
. !
29 herein by this reference.
S ICA\Ordinances\PlanningILand Use\Northstar doc
I.
I
II
1
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
2 following:
3 That the Future Land Use of the following described land located at 3691 Seacrest
4 Boulevard changing the land use designation from Institutional and Public Facilities (INST) to
5 Local Retail Commercial:
6
7 See legal description atta:hed hereto as Exhibit" A"
8
9
10 Subject to easements, restrictions, reservations, covenants and rights-
11 of-way of record.
12
13
14 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
15 Future Land Use Plan shall be amended accordingly.
16 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
1 7 Section 5: Should any section or provision of this Ordinance or any portion thereof be
18 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
19 remainder of this Ordinance.
20 Section 6: The effective date of this plan amendment shall be the date a final order is
21 issued by the Department of Community Affairs finding the amendment to be in compliance in
22 accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration
23 Commission finding the amendment to be in compliance in accordance with Section 163.3184,
24 F.S.
25 FIRST READING this Jo day of JO-..J1L'tL:4r,2009.
S:\CA \OrdinanceS\P1 anning.Land USClNorthstar. doc
- 2 -
I
I
II
111
SECOND, FINAL READING ChId PASSAGE this
day of
dOC;
2
CITY OF BOYNTON BEACH. FLORIDA
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 ATTEST:
19
20
21 Janet M. Prainito, CMC
22 City Clerk
23
24
25 (Corporate Seal)
26
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
S ICA\Ordinances\PJanning,Land UselNorthstar doc
KEATLEY INVESTMENTS, Inc. CEMETERY PARCEL
LEGAL DESCRIPTION OF PALM BEACH MEMORIAL PARK
Situated in the County of Palm Beach, State of Florida, and knows as being a part of the re-plat
of part of Lincoln memorial Gardens, as recorded in Plat Book 25, Page 225, and further
described as follows:
COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road
(width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast comer of
Northwest Quarter (NW 1/4) of Section 9, Township 45 South, Range 43 East, Palm Beach
County, Florida;
Thence South 020 29' 14" West, along the centerline of Seacrest Boulevard and the east line of
said Northwest Quarter of Section 9, a distance of 1,218.79 feet to a point;
Thence North 870 30' 46" West, a distance of 40.00 feet to a point on the West right-of-way line
of said Seacrest Boulevard, and being 20.30 feet South of the North line of the re-plat of Lincoln
Memorial Gardens, and the POINT OF BEGINNING;
Thence South 020 29' 14" West along the West right-of-way line of said Seacrest Boulevard, a
distance of 1,391.26 feet to a point; thence North 87030' 46" West, a distance of 92.00 feet to a
point; thence South 020 29' 14" West, a distance of 93.00 feet to a point; thence North 870 30'
46" West, a distance of 81. 83 feet to a point; thence North 010 01' 59" East, a distance of 156.13
feet to a point; thence North 870 30' 46" West, a distance of 33.81 feet to a point; thence North
01001' 59" East, a distance of 2.74 feet to a point; thence North 870 30' 46" West, a distance of
326.39 feet to a point; thence South 010 01' 59" West, a distance of 12.00 feet to a point; thence
North 870 30' 46" West, a distance of 148.72 feet to a point; thence South 010 01' 59" West, a
distance of 19.03 feet to a point; thence North 870 30' 46" West a distance of 176.44 feet to a
point on the East right-of-way line State Route 9 (Interstate 95), a variable width public right-of-
way; thence North 010 01' 59" East, along the East right-of-way line of said State Route 9, a
distance of 1,174.86 feet to a concrete disk found; thence South 880 55' 16" East, a distance of
344.35 feet to a point; thence North 030 27' 44" East, a distance of 160.14 feet to a point; thence
South 880 55' 16" East, a distance of545.43 feet to the POINT OF BEGINNING.
Said parcel contains 25.89 acres ofland, more or less.
E-X#/lSlll"-f)-
TC!:
FROM:
THF'!JU:;f-!:
D.~TE:
PROJECT NAfv'lE/NlJlv'lB::P,:
R=QUEST:
DcVE:lOPM:::NT D:::p'ARnVL:::NT
PLANNING & ZONING DIVISION
!v'!lcMOP..ANDUM ~~O. PZ 08 - 1.04
=~-Ial' 3' lu hj::lo-,r-::
?:::1 :-~ n j .-\:] 3:-1C = . .~j ]p~lr:'=~:l~ :J ,_Ie;
Hanrlc lV1atias
:;~njor Planw::
Ivjicrla~1 IN. Rumor; ,
,--' ,
Director 0" Pian:ling ane' Zoning
Dec~mber] 2Ci08
San., 's Ciubmoitr.Star/ANI\JE> OS-QO] -L'j,4F' 09-CiC~
To anney th", DNO p!'Operti~s! and tc, am.::nc the Future:: Lane :_i~<=
desigrlation or 41.69 acr.::s from F'aliT B.::ach Coun':'.'
Commercial High with a maximum 5 dwelling uni::s D'3r au::
(CH '5) and Institutional and Public ;:::aciliti'3s (I~JST) to LucCi
Retail Commercial (LRC){ and rezone from F'alm Beach Coun::\.
Commercial C;enerai reG) and Resid'3ntial [Viullifamiiv (PJv'I'
Planned Commercial Development (PCD, and =-3 =ommunit\
Commercia!.
Property Owners:
Applicant! Agent:
Location:
Parcel Size:
Existing Land Us.:::
Exi;ting Zoning:
Proposed Land Us,=:
Proposed Zoning:
GroDosed U;e:
PROJ:::CT DESCRIPTION
Walmart Stores #8140 and Nortr.SL:ar' Cemeterv S-::,vice::~. (If ~L
LLC
Bonnie IViisk.::1 and Scott Sackman
7=-33 Seacr.::sc: Boulevard/309] 3eaCi'es': Boui:::var::l <' E)(nibit "AU
15.80/=-5.89 acres! a to'Lal of '-il.6~) acr:::;
San-: 'oS ClutJ: F'aim 3.::ach Count) 5 Commercia; Hlgn witr a
ma):imufT, ::; dW'::.liinc uni:::; D'::i acre (=H '5
[\JorthS'Lar: Institutior,al and Public Faciiiti.::s ,W:;-
Sam's Club: F'a beacr I_ount, ~ '::'omm'?I'_ld..:J-:::II""'a ,=,::; i
l\JorthS:::ar': F"::,sidentia Ivjulti~amii\ : P,IV;
Local P.etail =omm~rcia Ibotl"' Dr0D::rtl:::::
Sam:=; Ciub: P:anned Comm.::rcia' [)'::'V'3iODm,=nt (P=~,
r~orthStar:=-= ':::ommunit\:::omm::rciCl,
1\10 'chang::.; tc'CUI'-:.=;]': "::"-,::
File Number: LUAR 09-002-ANEX 09-001
Sam's ClubjNorthStar
Adjacent Uses:
North:
South:
Developed commercial properties in unincorporated Palm
Beach County, designated CHIS and zoned CG. Farther north
right-of-way of Hypoluxo Road.
Undeveloped parcel designated High Density Residential
(HDR) and zoned Multi-Family Residential (R-3), then
townhomes (Pine Point Villas Condo) classified High Density
Residential (HDR) and zoned Multi-family Residential (R-3).
East:
Right-of-way of Seacrest Boulevard, farther east single-family
homes (San Castle subdivision) in unincorporated Palm Beach
County, designated Medium Density Residential (!\tW-5) and
zoned Residential Multifamily (RM); to the northeast,
developed and vacant commercial properties in Lantana,
designated and zoned C1-Commercial.
West:
Right-of-way of Interstate 1-95.
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning for
the following reasons:
1. The request is consistent with the annexation and other relevant objectives and policies
of the City's Comprehensive Plan.
2. The proposed amendment will benefit the City by contributing to the diversification of its
economy and its tax base.
3. The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within existing capacities, or generate any negative impacts
upon adjacent or nearby properties.
PROJECT ANAL YSrS
The two properties which are the subject of this land use amendment total 41.69 acres;
therefore, the proposed land use change qualifies as a large-scale amendment pursuant to
Chapter 163 F.s. Following local board review and City Commission public hearing, a "large-
scale" amendment is transmitted to the Florida Department of Community Affairs for review for
compliance with the state, regional and local comprehensive plans prior to adoption. Following
the review period of approximately 60 days, DCA provides the City with a report of their
findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has
60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with
changes in response to the ORC report, or (3) determine not to adopt the amendment and
inform DCA of that decision. According m Florida Statutes Chapter 163, large-scale
amendments may only be adopted during two amendment cycles each calendar year. This
amendment request is a part of the 1st round of amendments for the 20D9 calendar year.
~ r\Jun'-i:J~'~ __
[i~-\J~;::'-L\r~==' . I'~,
~an- .: ,_,
!~ Cili:,' 3-.:a r'
I illS Drop:::s'::d a:-nenOlllent is belii;! r-::'v'levr:oj
=Clmmunii:V Affai~s ([JCA). Aft::, t,ar-,sm:-u:al and
.:;:::h.::dui:::d fCJr aJoption, tenLativeil ii' Iv:a\ ~C!I:I'~
~'Jr~:'a"'.::;T I'..-:a'
[)'=.L '""~\/!~\i'. ~!~I~
"l;
'In ~JC:= __i;=~-13 '~-=:T'e';~
\.;...;,:' 8::--'~:r- Jl-'-I:=n-
3. l...l/09t.'~2r t/79 DrO,DeS5!C "~~::(J:7//7C j.VL:'\:,.l/C ;)::3 C;],;~-;':5=.2,r;~ L.V/~t:- 3:J!]//::3j/_, ~~-ll,~7J'-~?/;'~?:"')::"
OJa/" policies including but lot iim/~e:J' fe' :: :ro./ibiuc)'": 3;:al:s: 3,0'1! !'7C-:?25::;
dl/vel/lng unit densi':! exceeding 5(117 the ,lu,-nC3'7~ e\.3cuaC!:J,"' .::0,'7= 11 it'l,);.!: !l"i:~.'
aoprOla/ of the Palm Bea:f '::oumJ E.T!e.-;;encl Dlannh;: :;'il'.':'Jio: ar;L~ :7= :l[i ,-
17)3 Jager. T/72 p/anning :/2,;:/3,'0'77 =:nt sna// 3/5CJ ,'~2C':J/TJ,n7~n:: :':"7/::a[/or:~:::
i--2GUlt-en79J7ts, vV/7ich l,1I0U/C' ha\'2 [l~ 02 /mD0522 Cir' 5!-i0seCJU2:7: :;e'l"'3I:):J..!'L~/7t
,:rCi0e'11', in order to comDIi 11'itr D()!ici~5 cCJ/7cai'7eC Ie;
. ,
~..Jr:;:J"-e/7-=1"'''.5'l '::. ~.'ar:.
I nc: propCls.::d r-e::oning is r::que.;tc:d for ci.::velopc:d :J,op.:::i:i::,s and "', ~D:~lU-I'=lJ8:- \vitn
application fOl' annexation. The reau.::st is corsistent with the _.Itv';: aWl::;:atIO'- :J"C,Q,an'
ciescribc:d in the following objective and :Joiici,=~ i II the Comp'-::!l,::rsive P]a:---:
Objective 1.15
The City wi!! continue to expand through annexation of encfaves,
pockets and other contiguous properties.
Po/icJIl5,l
The CIrr sha/I continuE: to promoc2 me arc/ern ann~),:atlor ,a,")('-
consls[ent with Chapter "'71. ,r:::iorida Stawtes, ane the ,r:'aim Beact! CCU7:-'
4nnexation Policl .
PolicJ' LiS.:}
The City sha// uti/Ice four methods D'" ann exa tior::
1. Vo/untarr annexatior:'
,A,nnexation D\' Inter/ocal aoreement with Palm SeaL--!; L...0untl ','
3, Comoliance 1,11ith ore-anne)ation l'rat:::r s'3/vice aoreements rron~ :-,
City: and
4. Referendum.
Policl 1.15.3
The Lltf' shall require 21/e/1 propem being annexed (/7[C1 the .::i[; :,
concurrentli applr for land U5e amendment and ie::omhg re' t/7-2 --;n
adopted iand use classification and zoninr; district: .
The reque;t is a!;o consistent with Objective Lu .
Objective 1.17
p ne City shal! pursue economic development opportunities to
support a competitille and diversified economy.
Sam's Club will contribut~ to th~ diversification of tne City's ::::conolllY and the=it\. s fiscal
profile: now overiy dependent or, th~ r.::siciential sector- for its La) r.::venU-::'5.
b. VI/hether the proposed re::onlng l'Vould be cont,-a,! co [,7f' escaoljsheo lane; [Sf'
Dattem or wouid Ci-eare an iso/a tee d!stnct unrelated [Ci adjacent anc neartJ! .
dLc;rTlcts, or would constiture .3 9an: 0;: spec/a' ;:mli/'3;;-2 [0 a/: indh';,JiJ.:7' :FciDe'Tl
Ql.1me:'" 25 con['-2st'30 with the DrGrectior 0,: tn9 DUD/ic we/;:are,
Th::: proposed I-ezoning is reouest.::d for' oeveioDec ompe:,::!:::; an::: il' unction witr -,
aoplicatioi! for' anne);atior,. Tne uses of botr [r-OD":ltl'::S ilav-:, o':oel- lcnc: e.:;:::a'Jii:;n,::cl '.n]::'
File Number: LUAR 09-002-ANEX 09-001
Sam's ClubjNorthStar
Palm Beach County's land use and zoning designations. No changes In use are planned for
either property.
c. Whether changed or changing conditions make the pmposed rezoning desirable.
The proposed amendment is requested in conjunction with an application for annexation. The
existing Palm Beach County iand use designation and zoning must be changed to the city land
use designation and zoning district.
d. Whether the proposed use would be compatible with utility systems! road/lvays/ and
other public facilities.
As stated, the proposed land use amendment does not entail changes to current use of the
subject properties. The addition of an accessory fuelling facility is currently planned for the
Sam's Club (see the Master Plan review in the last section of this report); a carwash may be
added later. The NorthStar Cemetery Services is planning to add a crematorium sometime in the
future. Both planned additions represent minimal impact upon municipal services as described
below.
Traffic
The refueling facility will be an ancillary use for the Sam's Club and thus there will be a large
proportion of shared trips between the two. The facility will be available exclusively to the Club's
members and will require a membership card for pump activation. The trip characteristics'
analysis done for similar projects indicate the internal trip capture of over 50%.
Likewise, the future addition of the crematorium to the NorthStar's cemetery will not have a
significant impact on the surrounding roadways.
At the time of the site plan application for the respective additions, the concurrency traffic
impact analysis or statement will be provided and will be reviewed by the County for
consistency with the Pal Beach County Traffic Performance Standards ordinance.
Potable Water and Sewer
The City provides both water and sewer services to the Sam's Club property. The addition of a
fuelling station will not have a significant effect on the site's overall water demand and, since
Sam's Club carwash facilities utilize recycled water, a carwash facility would also have a
negligible impact.
Upon annexation, the City will provide water to the NorthStar cemetery, but due to the need for,
and the cost of, the extensive on-site improvements, NorthStar's connection to the City's sewer
system will be postponed. rVloreover, the facility will continue to use well water for irrigation
purposes.
Water Demand
I land Use IGeneration Rate Units ITotat GDP
cxfistingj !Piioposed Office/Crematcrim !25 GPD per employee 16 1400
I Church 15 GPD r:;er seat \120 1600
11.0110
, '
4
-: 1= 1\1 Jl"i P= _ _' :.,~ J~'<IC::' -.~! E) - I
='.3 n- '~, =:!~! D T\! ,~) .'t( ~'::cH'
The:: futuie addition of a cren-Iamriuin INli :-,a\'~ '3 r',(FClI
Labie::. Th:: cl.::ne,-a-:::ion [-ates fo:- CI!TiC: ane' .C',ur:T ,_s,::,~ a""" 21
.::):i.;:inQ TU:-i::,-a n:::)n-I':: and chapel D'Jildb:::::
dC'""_iriT~:c: ,:,. 1- '-,-,,: _c_ '
T! c>~':""'.cr-!= - 3i,'~J!?Ij =,'-: ~ -I'
Potab!e Water ::'a:::iiuties
!Vliatc:r Plant Capacltv' 1,;Jeak day!
!':::ommltted capacrtv :actual fiow -;- rc:sc:rved capacltv,
" ,
I
I
J::::!~' daYl
::'~,ooo.oooi
!
=2.6=-2,~29!
::L377r7:Ll!
! Remaining capacity
:SFWIVlD p~rmltt~d withdrawals (avc:I'age day;
i Contra :ted amount tc Durchase from 'Count\,
i E:<Dr,"atior, Gate 01' 'Nater Llse pel'mit
~'lncIIJ,jec ::,C1C10,ClOCcontr"acted to purchas::: for ['aim Beach County
::.':,49C.CJDOi
. I
s.ooa.oClo!
.Li,UO!~5t "1 ~ 201CJi
As show::! th,:: Droiected increase in water demand is insignificant as cDmDar.::d L.C th-::: i-erT,alni
capacity. Lik.::wise! the additional s:::wer ,caDacity that would be r.::ouired fOi tne [\JorthS"Ca:
cemet::::-v ir. the fuwre is minimal and can easilv be accommodated by the City's facilities.
Sewer Demand
I Land Use
I ::xisti ng! Proposed Office! Crema tOl'i m
Church
Generation Rate ! Units
1:.'5 GPD per emplov~~ 16
5 GPO D~r seat ! 120
'Total GOP
,
1400
1600
11,0100
Sanitary Sewer Faciiities
ISc:wer Treatment Capacity
Committed or allocated capacity (IV1GOi
Available :::apacitv (IV1GO)
2"1 MGD
18,56
-) ---.......,
SOBid Waste
The Palm B:::ach County Solid Waste Authoritv hes s;:at.::d that adequate:: ca:.acit\ '~)5'::.s
accommodate tne:: county's municipalities tnrou<:F!Clut tn::: lC-v:::ar piannlilg DerioG
!!)rairoaae
Drainage will also be review:::d in d:::taii 2S part of the site pian aDproval pmcess, and mL::;~
;atisfy all requirements of the city and iocal drair,cge permittirlg authoriti.::s.
D (III/E!ther the propo3ed rezoning woul,:;' be compatIble !1/ith tr:e curren~ ane: futun::
use of adjacent and nearov DrGDe:iies, lK l1/ouid affect t/7C! :XODe,,:.' l alues LT':
adjacent or nearbv DroDenles.
The use of tn'C' subject properties wil: no" chang.::; th'C' pmpos.::o re=onlilg wil De comoatiD~":'
with adjacent and nearby properti,:::s. The proposed land L!se and zoning for the Sam':; '=~L:'
property is simiici to the current County iane use and =oning o.::sigrlations. Th::: Lo:::ai F',e~3i
Comm:::rcial iand us'::: classification is DroDosed ro:- :Joth the:: ':;am's '=Iub (me [he [\!Orti:5,T
pmDertv. Both omp:::rties would aiso ha\!.:: commercial =onirlg ci:::signations with c. D==, =Cin,;]~
r.::qu:::;teci T:Ji San-'s Ciub and C-3 =oning for- I~Cl,--cn3La" Th:c f\iClrti:3L:cl' '='=m-::'L~n \vnl:::n '
:::ommercial ::mem:-is'::r con.;titutes an aPDI"OD:-iau" Far.siliCirli3; ~';,:: t:'e::we::er _ :-II;m :nt=~!::-
:::omm:::rciai San- '? ,=Iu[, tel th.:: nor--ch and r-eslci'::lltiai us.:::; te _ soutr. '~iv:"r ~h:: ullf~=siDiiiT\
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
redevelopment of a large existing cemetery, a proposed commercial zoning has a negligible
potential for negative impact on nearby residential properties in the future.
The proposed commercial land use and zon'rng designation for the NorthStar cemetery will
accommodate the plan to subsequently add a crematorium. It also reflects a commercial, rather
than a public use of the property. It should also be noted that the commercial zoning would
accommodate the placement of a billboard on the cemetery property, pursuant to Florida
Statutes and the 2001 settlement agreement between the City and two advertising
corporations. The settlement allows for the placement of a set number of billboards at various
locations along the 1-95 right-of-way, subject to, in part, a residential separation standard and
all applicable siting standards of Florida Statutes. The subject property would allow for the
citing of one of the two remaining billboards allowed under the agreement, with minimal
impacts on residential and other land uses.
The requested C-3 zoning for the NorthStar property will require a code amendment, which
staff will propose and initiate to be timed with ultimate adoption of the subject request. The
code amendment is necessary as the current C-3 regulations only allow a funeral home as a
permitted use and funeral home with a crematorium as a conditional use. The amendment
would establish a cemetery in conjunction with a funeral home as a permitted use in the (-3
zoning district.
f. Whether the property is physically and economically developable under the existing
zoning.
The proposed reclassification/rezoning involves developed properties and is a necessary action
in conjunction with an annexation.
g. Whether the proposed rezoning is of a scale which is reasonablv related to the
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning is reasonably related to the needs of the
neighborhood and the city as a whole (see above sections "e" and "f").
h. Whether there are adequate sites elsewhere in the city for the proposed use; in
districts where such use is already allowed.
The proposed amendment is requested for the already developed properti:::s and in conjunction
with an application for annexation. No use changes are planned for either property.
MA.STER PLAN ANAL YS!S FOR SAM'S CUJIB
When requesting to rezone property to a planned district, such as Planned Commercial
Development (PCD), the applicant is required to submit a Master Plan depicting the location of
site improvements, proposed traffic patterns and site data. Since the existing Sam's Club is
requesting PCD zoning, the applicant has submitted the requisite master plan. The master plan
depicts the existing one-story, 134,100 square foot Sam's Club building situated in the
southwe.;t corner of the property, as well as a proposed Sam's membership gas station and
carw2sh facility in the northeast corner of the pro p::: rty.
t
'~. __ !\J~nT)::' __..J<~ Y:--Ui,.:::-t.!'J:::
~.arr:, '=IU:::' r~j'-'-" 3::ar
-he plan oeplcts Da,l:ing on all sloes Tie J'coe-ty 'Ni-.:~ '-'I':' ,3rg'::s-.: Jir!.lr:c=~!:::: -- ~r,c
and r-Io:th the ::;)(!sting Sams SlTJctul":c. tt-y~ IneliJSIOr C12S 0;":,::: ':3:\1\,2':;:-, -3cilit,
site propo3~s 6t:3 Darkiilg spac::s, rCJUf" ~- :;pj_:~~, ii' ,~)'>=-,:::S:-, J': ::h~ '--~'JJI'''~Ci \=,( =-=.=-~.;~ --
oropert) wouid 0-:: ::hrougn fO'Jr 'L.) ::):istlrl~ \/.::wa\'s, (Jr'I': from '!'C'CII..; ~)ac i.s-.:"
of Sea;=rest Soui~\/ardr and thr-e:: :~~: ~'/jstin[~ j;-l\l,:::~ IJff ~-/ 3-::ai=r~;"C :<:\:~_~]'=\'c:i':. ':j'~ -n:-
':::J9e::, c::nt::r arlc south::r" -::dge elf th-2 sit-::. '-1'::: 5i-.:e "'aITI.::Tc";:3"CJ- :::,'T'::I'-:::'::", ::; , ,
th::: site anc: ::Ylsting and prooos:::d str-uctu'":::;. -=2S':: li" s::rv'i":,C' Cie. ,;.:0, ",.",,,, ,
al:cess.
Piann.::d Commercial Dist~Ict ~:::guiatior:s .::staoiisr: setbaci's and QUiT:::; i'-, .::)/ce::::: s-.:anCj21'
commercial zoning districts. The existing 134,100 souare foot building would ey,c.::ed al:
district .;etbad r::quirements; flOnt - 40' ,.::ouir~d'3:S pr'ovided, side:: - 30' -e::ouir.::d '.13' y =-;.
proVided, and re::ai - 40' required/E5' provldec. L.:; for s::tbacl' requir.::ments 20plicab!,:, te:
Dropose::d gas and carwash ~acilitv, th.c:CCice sets forth soecia: setbad. "'e::guiation:;
;tations, which would be met with the pian submittec; front - 33' r':'qui~ed '36' Droposed, 5io':
20' r::quired/555' & 130' proposed, and r-::::a~ - 20' r,::ouiredi:='20' pro\/id.::c. Buff::rs ar::: :.c
designed in accord with the peripheral greenbelt reguiatior.s, wnich r::outre 2 :'llnim:Jr'-l lC "'.
landscape greenpelt area around the entire sit~. [;,.; this is a developed site::, aJDlOve::d u,-.c'"
F'alm Bsach County zoning regulatior:s, the sit.::, including numerous Tee preservati:Y
.::asements, complies with this reauirement, eX:~Dt fo~ a~ aoproximate 190 helt iOilg s.::gl1""":1
along the ;outh side of the building abutting tli-2 c::metery orop.::rt'y'. Slnc':' Oilil sn-,al!;:'T
fal!s short of the PCD requirement, staff will r-.::quire 2 der.ser Jianting scheme '~:
accomplished wh.::n the formal site pian Ie:; brought forward ir, the:: futeJr::: tc app'ove tn':" g2:: :J'
carwcsh facility addition. A final code provisior of note within the spe::cia gas s-.:atior "::guiatIT!
associated with Planned Commercial DeveioDment districts requir.::s ga5 Dumr, 'Siands OJ
associated canopi.::s be located a minimurr ot 20[: T::e: frofT any pUDiic righ:.-c,f-vv'a\ b~ I
requir:::men: would piac.:: the fueling op:::i-ation::: directiy in fran: of tl-Ie front doo: lie, _ .::)(ist!;,
Sam's Club building and would dispiace tne established ane most conv:::ni.::nt C'5tOfTI:::' Dan,i:
staff sugge;ts tnat a cod::: amendm.::nt De undeiLaken tel accommodale:: '::;'1 os': DrDD-::iT'
requesting PCD zoning with existing improvem.::m:s: which a"'e anne/eo :mc t:!;_.lr, . lI,! (It.
aspects of aev::iooment r:::view wili b.:: accomolished during the::;it,,:, Dia:- "::,v,ev\ Jr'L
as;cdated witr the:: oreviouslv mention:::d futu"':' imDrGv:::ment:c
Relative to the f\JorthStar Cemetery Services Of FL., LLC r.::ou.::st for C-: =oning, a :TI c.;t:::' i' oi2,
not required as Dart of the rezoning. The applicant has suggest.::c the DDssiDilit:v or modif\'ln::
the site at ;om2 point in the future to accommodate a cr.::matol'iurT:. V\!heri tn'? aPDlicanr
ready to bring forward such a oroposal, ;:::aff will initiate the:: neces.;ary sile olar "evieV\' JrDC-::':::
CONCUJSIOI\!S! RECOMM:=NDATIONS
The requ.::st Is consi;tent with the obiectiv::5 of th,:: City'" annexatlor progi-arn ane r::i.::varl"
policies in the Compl-ehensive Plan. Furthermore I: wil D"::Il.::fit the =it\'5 '::conom: withm'
creating additional impacts on infra;tructur:: trlatcannot D-:C accorrliTIodat:ed withir .::)(iStlr,:
capacities, and without gen'::iating an\ negative impac'.:5 upon adiac"::nt or Il::::arov praperti":!:
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l;TTACHIVjEI\!T~,
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LOCATION fVlAP
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
Owner:
January 20, 2009
Location:
Description:
B.
Project:
Agent:
Owner:
Location:
Description:
Walmart Stores #8140jNorthstar Cemetery Services of Florida,
LLC
West of North Seacrest Blvd, South of Hypoluxo Rd. 7233
Seacrest Blvd and 3691 Sea crest Blvd.
Request to annex the properties. (Sam ~ Club -- 1st Reading
Proposed Ordinance No. 09-003) (Northstar - 1st Reading
Proposed Ordinance No. 09-004)
Sam's Club/Northstar (LUAR 09-002)
Bonnie Miskel and Scott Backman
Walmart Stores #8140/Northstar Cemetery Services of Florida,
LLC
West of North Seacrest Blvd., South of Hypoluxo Road, 7233
Seacrest Blvd. and 3691 Seacrest Blvd.
Request to amend the Comprehensive Plan Future Land Use Map
classification on :f:41.49 acres of land from Commercial High
(CHIS) and Institutional (Palm Beach County) to Local Retail
Commercial (LRC).(Sam~ Club -- 1st Reading Proposed
Ordinance No. 09-005) (Northstar - 1st Reading Proposed
Ordinance No. 09-006)
Request to rezone from Palm Beach County Commercial General
(CG) and Residential Multifamily (RM) to Planned Commercial
Development (PCD) and C-3, Community Commercial. (Sam's
Club -- 1st Reading Proposed Ordinance No. 09-007)
(Northstar _1st Reading Proposed Ordinance No. 09-008)
Hanna Matras, Senior Planner addressed the annexation, land use amendment and rezoning for
both Items VIII. A and B. The request covered two properties; Sam's Club and Northstar
Cemetery. It included a total of 41.49 acres. She reviewed the current zoning designations and
the request to change to Local Retail Commercial. Sam's Club would be Planned Commercial
Development zoning and Northstar would be C-3, Community Commercial. There would be no
current changes to the existing uses. In the future, Sam's Club would be adding a fueling
facility and Northstar would be adding a crematorium. Staff recommended approval of the
annexation, land use amendment and rezoning. The requests met all the necessary criteria for
approval as outlined in the staff report.
Scott Backman, legal counsel for the applicants, commended staff for their cooperation. He
was present to answer any questions. Attorney Cherof pointed out the requests would return
to the Commission after transmission for approval by the Department of Community Affairs. A
separate annexation agreement would be brought before the Commission also. Any conditions
of approval would be included in the annexation agreement.
Mayor Taylor opened the issue for public hearing or comment.
No one coming forward, Mayor Taylor closed the public hearing.
11
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 20, 2009
Attorney Cherof read Proposed Ordinance No. 09-003 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-003. Commissioner Weiland
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-004 by title only on first reading.
Motion
Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 09-004. Commissioner Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-005 by title only on first reading.
Motion
Commissioner Weiland moved to approve Proposed Ordinance No. 09-005. Commissioner Hay
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-006 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-006. Commissioner Ross
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-007 by title only on first reading.
12
.t(
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
DEVELOPMENT
ITEM A.S
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
0 A ri121, 2009
0 Ma 5,2009
0 Ma 19,2009
[gI June 2, 2009
0 June 16, 2009
0 Jul 7,2009
0 Jul 21,2009 Jul
0 Au ust 4, 2009 Jul
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [gI Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this request on the June 2, 2009 City Commission Agenda under
Legal, Ordinance - Second Reading. The City Commission on January 20,2009 approved this item (including First Reading
of the Ordinance) with the corresponding Land Use Amendment which was transmitted to the Department of Community
Affairs (DCA). The State's review is completed and the ordinance has been prepared for adoption. For further details
pertaining to this request, see attached Department Memorandum No. 08-104,
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
Sam's Club (LUAR 09-002)
Bonnie Miskel and Scott Backman
Walmart Stores #8l40! Northstar Cemetery Services of Florida, LLC
West of North Seacrest Boulevard, South ofHypoluxo Road, 7233 Seacrest
Boulevard and 3691 Seacrest Boulevard
Request to rezone from Palm Beach County Commercial General (CG) and
Residential Multifamily (RM) to Planned Commercial Development (PCD) and
C-3, Community Commercial.
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Development Dep
Assistant to City Manager ~
Planning and Zo' irector City Attorney! Finance
S:\Planning\SHAREDlWP\PROJEC SISams Club PB MemoriallLUAR 09-002\Agenda Item Request Sam's Club Rezone LUAR 09-001 6-2-09.doc
S:\8ULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
J.
-'1
ORDINANCE NO. 09-00 /
2
3
4
5
6
7
8
9
10
11
12
13
14
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING THE
APPLICATION OF WALMART STORES #8140,
AMENDING ORDINANCE 02-013 TO REZONE A
PARCEL OF LAND LOCATED AT 7233 SEA CREST
BOULEVARD, AS MORE FULL Y DESCRIBED
HEREIN, FROM COMMERCIAL GENERAL (CG)
(P ALM BEACH COUNTY) TO PLANNED
COMMERCIAL DEVELOPMENT (PCD);
PROVIDING FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTIVE DATE.
15
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
16
adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City:
17
and
18
WHEREAS, Wa1mart Stores #8140, owner of the property located at 7233 Seacrest
19
Boulevard, in Boynton Beach, Florida, as more particularly described herein, has filed a
20
Petition, through its agents, Bonnie Miskel and Scott Backman, pursuant to Section q of
21
Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach. Florida. for the
22
purpose of rezoning a parcel of land, said land being more particularly described hereinafter.
23
from Commercial General (CG) (Palm Beach County) to Planned Commercial Development
24
(PC D); and
25
WHEREAS, the City Commission conducted a public hearing and heard testimony
26
and received evidence which the Commission finds supports a rezoning for the property
27
hereinafter described; and
28 I
WHEREAS, the City Commission finds that the proposed rezoning is consistent with
29
an amendment to the Land Use which was contemporaneously considered and approved at
30
the public hearing heretofore referenced; and
S'ICA IOrdinanceSIPlanningRezonin!!;lRezoning -Sams Club doc
11 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
2 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
5
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
6 herein by this reference.
7
Section 2.
The following described land located at 7233 Seacrest Boulevard in
8 Boynton Beach, Florida, as set forth as follows:
9
10 See Legal Description attached as Exhibit "A"
11
12
13 Subject to easements, restrictions, reservations, covenants and
14 rights-of-way of record.
15
16 be and the same is hereby rezoned from Commercial General (CG) (Palm Beach County) to
17 Planned Commercial Development (PCD). A location map is attached hereto as Exhibit "B"
18 and made a part of this Ordinance by reference.
19 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
2 0 accordingly.
21
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
2 2 repealed.
23 Section 5. Should any section or provision of this Ordinance or any portion thereof
24 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
25 the remainder of this Ordinance.
26 Section 6. This ordinance shall become effective immediately upon passage.
27 FIRST READING this ~ day of JCWUJLrl ,2009.
S :\CA \OrdinanceSIPlanning-.Rezoning.Rezoning -Sams CI ub, doc
II
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SECOND, FINAL READING and P ASSAGE this__~_ day of '_'~__
, 2009
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1 7 ATTEST:
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2 0 Janet M. Prainito, CMC
21 City Clerk
22
23
24 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
II
s: leA \OrdinanceslPlannin~Rezonin~Rezonmg -Sams Club. doc
LEGAL DESCRIPTION
OF
PARCEL 1
7233 SEACREST BOULEVARD
PARCEL CO NTRO L NUMBER 00-43-45-09-23-000-0010
A PARCEL Of LAND LYING IN THE NORTHWEST QUARTER (NWI/4) Of SECTION 9,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND KNOWN AS
BEING PARCEL NO. I OF HY -CREST CENTER, AS RECORDED IN PLAT BOOK 64, PAGE 177-178
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING FURTHER
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS DISK FOUND AT THE INTERSECTION OF THE
CENTERLlNES OF HYPOLUXO ROAD (WIDTH V ARIES) AND SEACREST BOULEVARD (80
FEET WIDE) AND BEING THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF
SECTION 9;
THENCE SOUTH 02029' 14" WEST ALONG THE CENTERLINE OF SEACREST
BOULEV ARD AND THE EASTERLY LINE OF THE NORTHWEST QUARTER OF SECTION 9,
696.58 FEET TO A POINT;
THENCE NORTH 87030'46" WEST, 40.00 fEET TO THE WESTERLY RIGHT-Of-WAY Of
SEACREST BOULEVARD AND BEING THE PRINCIPAL PLACE OF BEGINNING OF THE
PREMISES HEREIN DESCRIBED;
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY RIGHT -OF- WAY OF
SEA CREST BOULEVARD, 522.21 FEET TO A PERMANENT REFERENCE POINT (5/8" IRON PIN
CAPPED #3935 FOUND (0.07 FEET NORTH AND 0.19 fEET EAST) AT THE NORTHEASTERLY
CORNER OF LAND CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC (PARCEL
CONTROL NUMBER 00-43-45-09-05-001-0020 & 00-43-45-09-00-000-3630) BY DEED DATED
DECEMBER 28, 2004 AND RECORDED IN O.R. BOOK 17943, PAGE 691 Of THE PUBLIC
RECORDS Of PALM BEACH COUNTY, FLORIDA;
THENCE NORTH 88055'16" WEST ALONG A NORTHERLY LINE Of LAND SO
CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 545.43 FEET TO A PERMANENT
REfERENCE POINT (5/8" IRON PIN CAPPED #3935) fOUND;
THENCE SOUTH 03027' 44" WEST ALONG A WESTERLY LINE LAND SO CONVEYED TO
KEATLEY INVESTMENTS-PALM BEACH, LLC, 160.14 FEET TO A P.K. NAIL & WASHER
FOUND IN ASPHALT PA VEMENT;
THENCE NORTH 88055' 16" WEST CONTINUING ALONG A NORTHERLY LINE OF LAND
SO CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 344.35 FEET TO A 5/8" IRON
PIN CAPPED #3935 fOUND AND DISTURBED ON THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (1-95);
THENCE NORTH 01001' 59" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (1-95), A DISTANCE Of 180.00 fEET;
THENCE NORTH 36002' 54" EAST ALONG THE EASTERLY RIGHT-Of-WAY Of
INTERSTA TE HIGHWA Y NUMBER 95 (I-95), 143.16 fEET TO A POINT;
THENCE NORTH 10038' 03" EAST ALONG THE EASTERLY RIGHT-Of-WAY Of
INTERSTATE HIGHWAY NUMBER 95 (I-95), 587.24 fEET;
(\ J/
~ XN / ~ I T IJ
THENCE NORTH 07025' 24" EAST ALONG THE EASTERLY R!C,HT-OF-\VA Y OF
INTERSTATE HIGHWAY NUMBER 95 (I-95), 7.25 FEET TO A 5i8" IRON PIN CAPPED #3935
FOUND AND DISTURBED AT THE SOUTHWESTERLY CORNER OF LAND CONVEYED TO
KRISHNA REALTY, INC. (PARCEL CONTROL NUMBER 00-43-45-09-23-000-0022) BY DEED
DATED FEBRUARY ]2,2000 AND RECORDED IN O.R. BOOK 11607. PAGE 332 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY. FLORIDA;
THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO
CONVEYED TO KRISHNA REALTY, INC.. 342.66 FEET TO A '~" IRON PIN FOUND (0.06 FEET
NORTH AND 0.37 FEET WEST);
THENCE NORTH 02029' ]4" EAST ALONG THE EASTERLY LINE OF LAND SO
CONVEYED TO KRISHNA REALTY, INC., 152,37 FEET TO A POINT AT THE SOUTHWESTERLY
CORNER OF LAND CONVEYED TO TACO BELL OF AMERICA. INC. (PARCEL CONTROL
NUMBER 00-43-45-09-23-000-0030) BY DEED DATED DECEMBER 28, 1999 AND RECORDED IN
O.R. BOOK] ]529, PAGE 866 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA;
THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERL '{ LINE OF LAND SO
CONVEYED TO TACO BELL OF AMERICA. INC., 187.21 FEET TO A',S" ]RON PIN FOUND (0.]2
FEET SOUTH AND 0.33 FEET WEST):
THENCE NORTH 02029' 14" EAST ALONG THE EASTERLY LINE OF LAND SO
CONVEYED TO TACO BELL OF AMER1CA, INC., 301.75 FEET TO A POINT ON THE
SOUTHERLY RIGHT-OF-WAY OF AFORESAID HYPOLUXO ROAD:
THENCE SOUTH 88053' 16" EAST ALONG THE SOUTHERLY RIGHT-OF-WAY OF
HYPOLUXO ROAD, 54.00 FEET TO A POINT AT THE NORTHWESTERLY CORNER OF LAND
CONVEYED TO MOBIL OIL CORPORATION (PARCEL NO.6) (PARCEL CONTROL NUMBER 00-
43-45-09-00-000-3070) BY DEED DATED APRIL 03, ]972 AND RECORDED ]N O.R. BOOK] 997.
PAGE] 76 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA:
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO
CONVEYED TO MOBIL OIL CORPORATION. 137.00 FEET TO A PERMANENT REFERENCE
POINT (5/8" IRON PIN CAPPED #3935) FOUND (0.0] FEET SOUTH AND 0.] 6 FEET WEST) A I'
THE NORTHWESTERLY CORNER OF LAND CONVEYED TO MICHEL P. BARBERIS (PARCEL
CONTROL NUMBER 00-43-45-09-23-000-0040) BY DEED DATED APRIL 20. 2004 AND
RECORDED IN O.R. BOOK ]6830. PAGE ]29] OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
THENCE SOUTH] ] 03] '09 WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED
TO MICHEL P. BARBERIS, 60.75 FEET TO A POINT:
THENCE SOUTH 02029' 14" WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED
TO M]CHEL P. BARBERIS. 142.00 FEET TO A POINT:
THENCE SOUTH 87030'46" EAST THE SOUTHERLY LINE OF LAND SO CONVEYED TO
MICHEL P. BARBERIS. 147.50 FEET TO THE WESTERLY LINE OF TRACT "1\"' USED FOR
RIGHT-OF-WA Y OF SEACREST BOULEV ARD OF SAID HY-CREST CENTER:
THENCE SOUTH 02029' ]4" WEST ALONG THE RIGHT-OF-WAY OF SEACREST
BOULEVARD, 40.00 FEET TO A P.K. NA1L & WASHER FOUND IN ASPHALT PAVEMENT (0.]0
FEET NORTH, 0.22 FEET WEST) AND BE1NG THE NORTHEASTERLY CORNER OF LAND
CONVEYED TO WAL-MART STORES, INC. (PARCEL 5) (PARCEL CONTROL NUMBER 00-43-45-
09-23-000-0050) BY DEED DATED JANUARY 24, ] 989 AND RECORDED IN O.R. BOOK 5945.
PAGE ]460 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA;
THENCE NORTH 87030'46" WEST ALONG THE NORTHERLY LINE OF LAND SO
CONVEYED TO WAL-MART STORES, INe. (PARCEL 5), 166.00 FEET TO A P.K. NAIL SET IN
ASPHAL T PAVEMENT;
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO
CONVEYED TO WAL-MART STORES, INe. (PARCEL 5), 260.00 FEET TO A 5/8"X30" IRON PIN
CAPPED (RIVERS TONE CO DUDLEY LS6527) SET;
THENCE SOUTH 87030'46" EAST ALONG THE SOUTHERLY OF LAND SO CONVEYED
TO WAL-MART STORES, INe. (PARCEL 5), PASSING THROUGH A PERMANENT REFERENCE
POINT (5/8" IRON PIN CAPPED #3935) FOUND (0.07 FEET SOUTH AND 0.12 FEET WEST) AT
166.00 FEET, A DISTANCE OF 178.00 FEET TO THE PRINCIPAL PLACE OF BEGINNING AND
CONTAINING 14.7961 ACRES OF LAND AS SURVEYED AND DESCRIBED BY EDWARD B.
DUDLEY, L.S, NO. 6527 OF THE RIVERSTONE COMPANY IN OCTOBER OF 2008, BE THE SAME
MORE OR LESS, BUT SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND
RESTRICTIONS.
All 5/8"X30" IRON PIN SET AND CAPPED (RIVERSTONE CO DUDLEY LS6527)
DEED OF REFERENCE
LAND CONVEYED TO WAL-MART STORES, INe. BY DEED DATED JANUARY 24, 1989 AND
RECORDED IN OFFICIAL BOOK 5945, PAGE 1460 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
BASIS OF BEARINGS:
THE CENTERLINE OF SEACREST BOULEVARD AS SOUTH 02029'14" WEST AS RECORDED IN
HY-CREST CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 64,
PAGE 177-178 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
SAM'S CLUB FUELING STATION SERVICE PUMPS PARCEL
(aka PARCEL 5)
LEGAL DESCRIPTION OF AREA OF INTEREST
A parcel of land lying in the Northwest Quarter (NW 1/4) of Section 9, Township 45 South,
Range 43 East, Palm Beach County, Florida, and known as being Parcel No.5 of Hy-Crest
Center, as recorded in Plat Book 64, Page 177-178 of the Public Records of Palm Beach County.
Florid, and being further bounded and described as follows:
COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road
(width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast comer of said
Northwest Quarter of said Section 9;
Thence South 020 29' 14" West, along the centerline of Seacrest Boulevard and the east line of
the Northwest Quarter of Section 9, a distance of 696.58 feet to a point;
Thence North 8]0 30' 46" West, a distance of 52.00 feet to a permanent reference point (5/8"
iron pin capped #3935) found on the westerly line of Tract "A" used for right-of-way of Seacrest
Boulevard and being the Principal PLACE OF BEGINNING of the premises herein described;
Thence continue North 870 30' 46" West. along a Northerly line of land conveyed to Wal-Mart
Stores, Inc. (Parcel No. 1) (Parcel Control Number 00-43-45-09-000-0010) by deed dated
January 24, 1989 and recorded in O.R.B. 5945, Page 1460 of the Public Records of Palm Beach
County, Florida, a distance of 166.00 feet to a 5/8" x 30" iron pin capped (Riverstone Co.
Dudley LS6527) set;
Thence North 020 29' 14" East, along a easterly line of land so conveyed to Wa]~Mart Stores,
Inc. (Parcel No, 1) a distance of260.00 feet to a P,K. nail set:
Thence South 870 30' 46" East along a Southerly line of land so conveyed to Wal-Mart Stores.
Inc. (Parcel No. ]), a distance of] 66.00 feet to a P.K. nail and washer found in asphalt pavement
and being the Westerly right-of-way line of Seacrest Boulevard;
Thence South 020 29' ] 4" West along the Westerly right-of-way line of said Seacrest Boulevard.
a distance of 260.00 feet to the Principal PLACE OF BEGINNING, and containing 0.99] acres
of land as surveyed and described by Edward B. Dudley, L.S, No. 6527 of the Riverstonc
Company in October of 2008, be the same more or less. but subject to all leg al highways.
easements and restrictions.
Note: All 5/8" x 30" iron pins set and capped (Riverstone Co Dudley LS6527).
SAM'S CLUB AND NORTHSTAR PROPERTIES
LOCATION MAP
EXHIBIT tl"
HDR - High Density Residential
MeDR- Medium Density Residential
PPGI - Public & Private Governmental/institutional
FINN HILL DR
,not,-.in-e,ity
.... .TOM A,"j10E R 0
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T=.':
FROM:
THRiJU':;H:
DpT=-:
PF~OJECT NAME/NUMBEP.:
RcQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 08 - 104
:=hair ane !\/I:::iT:J~I':;
D1a'iiling a-i~ =i'C'J~ioo:-llem SCiard
Hanr,c !v1a-.:,cs
3enior Pianr,,:,,
. .-' ,",-,'
iv'ii'Tldei W. F'un':Ji ,
Director o~ Plannino and ::::'O'lirVJ
- -
[)ecem ber 1. 2CICJS
Sam's ClubjNorthS'Lar/ ANr\JE>: 09-0Dl-LUAF OSc-CiO::'
To anne) th~ tv./O properties, and to amend the Fuw:::- Land U:::
de;ignation or 41.69 acr-::s Trom c'ailT Seacn Coun::,,'.
Commercial High with a maximum::; owelling units Der (j,::::':
(CHIS) and Institutior,al and Public =aciiities imST) tel _0:::21
Re'Lail Commercial (LRC), and rezone Trom F'aim Beach COUnL\'S
Commel-cial General (CG) and Residential [Viullifamii)/ (PM if
Plann:::d Commercial Dev.::iopment (PCD ane C-3=ommui'
Commercial.
Property Owners:
Applicant! Ag.::nt:
Location:
Parcel 5i:::::::
::xisting Land Use:
cxi;ting ::::onin~:
Pmpos:::d Lane Us.:::
Propos.::c! ::::on ing:
Proposed U;:;:
PROJECT DESCRIPTION
Walmart Stor:;s #8140 and NorthStai' Cem.::t.::ry .3.::rviees of :=L,
LLC
Bonnie !Viiske1 anD Scott Sackman
7233 Sea crest Bouievard,/3691 Seaerest Boui-::"va,G (c)chibit "F,"
15.80/25,89 acres, a IOta I or 41.69 acres
Sam!s Club: Fain- B'C:deh County's '=ommerc;a' Hlgr witr CJ
lTia)(lmUfT 5 dwelling units p~r a:::re i CH i5
NorthSta:-: Institutional and Pubiic Facilities iINS"""i"
Sam's Clu:J: F'alm 3'C:ach CounI\';:,=ommerciCJ.::1"::li,::,a :_'.::1.'
l\JorthSta:': F'.::sidentia' Iv'iultiramli\ (PM
Local F(:::tai=omm.::rcia (Doti- properti':::,
3am's Club: Pianned ='ommercial u~veioomen:: i D==,
l\iorth.3ta,: ,=-= ':::ommunitv ='ommel-Ciai
hie: ,chari Je::, L':' ~:urr.::n' L'::'~~
File Number: LUAR 09-002-ANEX 09-001
Sam's ClubjNorthStar
Adjacent Uses:
North:
South:
Developed commercial properties in unincorporated Palm
Beach County, designated CHjS and zoned CG. rarth.::r north
right-of-way or Hypoluxo Road.
Undeveloped parcel designated High Density Residential
(HDR) and zoned Multi-Family Residential (R-3), then
townhomes (Pine Point Villas Condo) classified High Density
Residential (HDR) and zoned Multi-family Residential W-3).
East:
Right-of-way or Sea crest Boulevard) farther east single-family
homes (San Castle subdivision) in unincorporated Palm Beach
County, designated Medium Density Residential (lVlR-S) and
zoned Residential Multifamily (RM); to the northeast,
developed and vacant commercial properties in Lantana!
designated and zoned Cl-Commercial.
West:
Right-of-way or Interstate 1-95.
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation! land use amendment and rezoning for
the following reasons:
1. The request is consistent with the annexation and other relevant objectives and policies
of the Cit{s Comprehensive Plan.
2.. The proposed amendment will benefit the City by contributing to the diversification of its
economy and its tax base.
3. The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within existing capacities, or generate any negative impacts
upon adjacent or nearby properties.
PROJECT ANAL YS!S
The two properties which are the subject of this land use amendment total 41.69 acres;
therefore! the proposed land use change qualifies as a large-scale amendment pursuant to
Chapter 163 F.S. Following local board review and City Commission public hearing, a "large-
scale" amendment is transmitted to the Florida Department of Community Affairs for review for
compliance with the state, regional and local comprehensive plans prior to adoption. Following
the review period of approximately 60 days! DCA provides the City with a report of their
findings in an "Objections! Recommendations and Comments (ORC) Report". The City then has
60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with
changes in response to the ORC report, or (3) determine not to adopt the amendment and
inform DCA of that decision. According to Florida Statutes Chapter i63! large-scale
amendments may only be adopted during two amendment cycles each calendar )!ear. This
amendment r:::quest is a part of the 1st round of amendments for the 2009 calendar year.
_ !~'J:TI:;:::". _~i;-\~
2Jam:: ]U::J 'r~=I,-'-e:3ccj'
_::'-LJ.J=' \'-- I
This prODOS~C amendment ::; J::i ~=:v'lew::' r JI ::':J!~:;,r!.t-:-3 -:(1 c"l ''::: ~;"UFT
'_ommlln Af:"ar-s DC;::,!. After i:i-a:tsmitLai zen:) =<:1-, '-::\'!':''/'. -'-,e D"Cl!y:,:;::j::n':::"~.J:T':::",- wil,
scheouiec for adoptio:" t::ntativ'C:l\ In rVia, ::'::VIC.
1/;'<0:?ther t7~ DrODcsec :"'=~::O,7/,r);: i'l'~)wric' j=, ::a,:5/5:-:3,r7: i;vitr-; 3,"J:J//::a...:-h=' ,_-,_-)rn:)"-=':~I-:::/.)~",
;J/ar: ooli~i9S inc/ud/!7f DUt /7:][ j/iTi:':9C :'0 :5 :)rc.lniD/tion acaii":st 3,""'1 "7~"~25C'
Clvl/eliing unit d9f!sitl 9)(~geding _::;L'; i7 niKn::an-:o el.'3eijcJ:}C',~ :-on= Ivie!cu.' i'1'~::c.
apDrol,al o.r ti-Je Paim 3ea::h L.--"IUf7-:t Em9rgencI 0/anniog Div'sio;: a'7: C"i=:;'it'i:
,Tia/ia;;er. Th:3 plaon/nf' 09pa,'T177 2./ t shat a'sC' '-5'c:xnm9rJC /.-7/"LaaO/'5
:....9C;J/.,-:?/77=nts~ 1/[/hiLJ~ [,vou/c' I~a\ -= [c~' b2 /r7/]052C Dr: SujS2c;...J=::7Z O'2t 2h7;J.rr-!-:::.r7-C LT-'
CrOD9,'7l. in order L:' eom:J1i Ivitr Do/ie/5's ee>/cain::'.:.' I': U7::' ,~cl::Ci"'?l9:S/l= C),3.--:.
The proposed r'C:2oning is r.::quested TO:- C1::\Ielop,::d pmp.::rtl::s aile:! :r-i ::~)nlwlc:::i8!- 'Viti,
application for annexation. The r.::ques:: is :::Oil5i.;t::nt wit~ the Cit\'2 ::m:l~;:aLi'Jn 'Y:>:Ji'a:
described in the following objectiv,:: and policies in the C:omp~eh.::nsive D:an:
Objectil!'e 1.15
Polievl.1S1
Policy 1.15.::
Policl 1.15_3
The City wi!! continue to expand through annexation of enciaves,
pockets and other contiguous properties.
Ti-?e Cin sha!! eonfinue to promote th9 OrCJ9.~!\ anne):atiJr' IC,__
eonsisfent with CI-;apter } 71 ,!::Iorida 5tawf9s, and tile c'alm Beach
Annexation Poilel .
The 00 shall utJi'ize fou: methods of ann9xatio,r;:
1. l/olunLa'T annexatior:.'
~ 4nnexation bl inter/oca/ aore9ment II)/ith Palm D-:3aen Count):
::. Compliance with pre-ann9J:atior; vtat9!- sen1ice aare:em9nf_C; rrorr: ~;
Cit)-' and
4. Referendum.
The Citl snali requir9 :?1/2n DroDert] Deing 37ne),e:d i,7fO t'7e ::i~
concurrentil aDpl;- for Jand US9 amendment anc"-9zonin;; LL' he~;:"'
adopt9d land use c/cssineation and zoning distlic~. "
The r:=:quest is also consistent with ODJective 1. ~ 7:
Objective 1.17
The City shal! pursue economic deifeiopment opportunities to
support a competitiJle and ahlers/fied economy.
Sam's Club will contribute to the diversification of the:: City.; economy and the Gty 5 fis,cai
profilel nOIN ov:::rly dependent on the r.::sid:::ntia: sector' Tor iE. La>, r:::,v:=:nu:::s.
C. Wh9ther the IJrolJosed rezoning WOUld be ::onft-an cc the 9stabl/sl7ee land use
Datten7, or would er:3are an isoiated district unrelated to adjacent ane n9ar~"l1
d/~c;tri::fS, o,~ wouid constiture ;; gi-an[ 0,'" sD2eia, onlil9;;c LO a,~ indil/iClua'')!Lx)9''T1
Ok1/ner as confiasteo wit/7 the Droreetion 0;: the DUD/!e wel;::a/'2,
Tne proDosec rezoning [5 reou:::,sted fo: o.::v,:ioped p:C1Deiti':,:; ane 1'- ':Clm'Jn:::ciorl
aDpii:ation TO:' annexation The:: LIS:::': er= DOt[- [I!'OD'=nj:::.::; "all': b'::en iO:Ic!:5cab[ishe,:
File Number: LUAR. 09-002-ANEX 09-001
Sam's ClubjNorthStar
Palm Beach County's land use and zoning designations. No changes In use are planned for
either property.
c. Whether changed or changing conditions make the plOposed rezoning desirable.
The proposed amendment is requested in conjunction with an application for annexation. The
existing Palm Beach County land use designation and zoning must be changed to the city land
use designation and zoning district.
d. Whether the proposed use would be compatible with utility systems! roadways; and
other public facilities.
As stated, the proposed land use amendment does not entail changes to current use of the
subject properties. The addition of an accessory fuelling facility is currently planned for the
Sam's Club (see the Master Plan review in the last section of this report); a carwash may be
added later. The NorthStar Cemetery S:::rvices is planning to add a crematorium sometime in the
future. Both planned additions represent minimal impact upon municipal services as described
below.
Traffic
The refueling facility will be an ancillary use for the Sam's Club and thus there will be a large
proportion of shared trips between the two. The facility will be available exclusively to the Club's
members and will require a membership card for pump activation. The trip characteristics'
analysis done for similar projects indicate the internal trip capture of over 50%.
Likewise, the future addition of the crematorium to the NorthStar's cemetery will not have a
significant impact on the surrounding roadways.
At the time of the site plan application for the respective additions, the concurrency traffic
impact analysis or statement will be provided and will be reviewed by the County for
cons!stency with the Pal Beach County Traffic Performance Standards ordinance.
Potable Water and Sewer
The City provides both water and sewer services to the Sam's Club property. The addition of a
fuelling station will not have a significant effect on the site's overall water demand and, since
Sam's Club carwash facilities utilize recycled water, a carwash facility would also have a
negligible impact.
Upon annexation, the City will provide water to the NorthStar cemetery, but due to the need for,
and the cost of, the extensive on-site improvements, NorthStar's connection to the City's sewer
system will be postponed. flljoreov:::r, the facility will continue to use well water for irrigation
purposes.
Water Demand
I llano Use IGere,ation Rate I Units ITotal GO!'
Existing/ M-oposed! Office,! Crematcrim 125 GPD per emp\oy~ 16 l400
I
I Church 15 GPD p=r seat \120 600
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caoie::. ihe oenera-.:ion rates TO, Offi::2 ancJ
e)(isting f:_Jn::;-a nome and chapel buiidin;:::,
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iWat~:' P:ant Capacltv^ (peal day!
!'CommitIed capacitv :.acwal flow + reseiv'=c: ::apacitv,
i Remaining caoa::ity
, .
!3FW!vJD permltIed withorawa!s I:average dav)
!Contracred amouilt te, purchc5~ from County
=':plration ~ate :Jf water use permit
'lnciudr::: S,ClOQ,ClOCi contl'a::ted te, Durerias,? fo:- Pain' Bea,=h -
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uea V dad
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S,OOO,OOOi
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P.S shown, the Jroj'::c:ted increase in water oefTlarld is insignificant ('oS compar.::c T ::Ie r-en-,ai
capacity. Likewise, the additional sewer capacity that would be r.::quired fo~ NorthS"l:o"
c:::meterv in the future is minimal and car- e2silv D'2' accommodated J\' the:: '=ity's i:aciiiti.::s,
Sewer Demand
I I Land Use
Existi n9! P'roposed Office! Crematori m
, Chul-eh
I
Generation Rate I Units
125 GPO per empiove 16
15 GPD Der seat 1120
iTotal GDP
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\600
llrOOO
Sanitaiy Sewer Faciiities
!Sewer Treatment Capacity
iCommitted or allocated capacity (IvJGD)
l.lwailable caDacitv (MGD)
24 MGD
18.56
! ~-,
Soiid Waste
The Palm Beach County Soiid Was:::e AuthoriTV h25 stat::-o that ad.::ouate :::aG2cit\ ~)~!5E :
accommodate th,= county's municipalities througriClllt th:: 1[:-v::::ar Dianning D.::rioQ
Drainaae
Drainage wili a!so be reviewed ill detai', 2S Dart of the site Dian approval J>"ocess, and m5~
satisfy all requir.::m::-nts of the city and iocal drairlag::> p.::rmitting author-itie::;
..:J Wheth9i the proposed rezoning wouid De compatioie lvith tiE CUiren~ ane lurwe
use o-f adjacent and nearb)' Draperties. 0- lIvouid affect the :FL!oen \ 3iue:;
adjac-::nt OJ~ n-::arbv DrDo-::rties.
The use of tne ;ubject properties will not chang.::; the pr-oposed r,::zoillng wil De:: compatiDI.-
with adjacent and nearby properties. The proDos:::d ianG lse and zoning fo:- tn':' Sam's=iul
property is similar to the current Coumy :and !.!;e and zoning designations. Tn:: ~(}::a, F',::,oi
Comm:::rcial land use classification is proposed for both tne .3am's::=iUD ane tri:e I\Jorir.S,cr
oropertv. Both propertie; would aiso have commer-cial =onin~ desigr,ations, wit, 2 P == ::onin,
reauesled for .:,am's Club and C-3 zoning for- l\joiihS~a:. Th", l\]o;ihSta' ::.::nEc:,r\ wnlcr.!_
comm:::rcia! em.::r-p:-is,::, con.;titut:::s an aODroDriat.:: Fan;itior-,o L!';:: t,.::tWe2r JI- ;ITeenSI"
commercial Sarr ~. '=Iub te! th.:: nClrti-, and r-esl o'::llti a I US2~, te ~il'? sou~h :;iver -:h~
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
redevelopment of a large existing cemetery, a proposed commercial zoning has a negligible
potential for negative impact on nearby residential properties in the future.
The proposed commercial land use and zoning designation for the NorthStar cemetery will
accommodate the plan to subsequently add a crematorium. It also reflects a commercial, rather
than a public use of the property. It should also be noted that the commercial zoning would
accommodate the placement of a billboard on the cemetery property, pursuant to Florida
Statutes and the 2001 settlement agreement between the City and two advertising
corporations. The settlement allows fo: th'2 placem'2nt of a set number of billboards at various
locations along the 1-95 right-of-way, subject to r in part, a residential separation standard and
all applicable siting standards of Florida Statutes. The subject property would allow for the
citing of one of the two remaining billboards allowed und'2r the agr'2em'2ntl with minimal
impacts on residential and other land uses.
The requested C-3 zoning for the NorthStar property will require a code am'2ndm'2ntl which
staff will propose and initiate to be timed with ultimate adoption of the subject request. The
code amendment is necessary as the current [- 3 regulations only allow a funeral home as a
permitted use and funeral home with a crematorium as a conditional use. The amendment
would establish a cemetery in conjunction with a funeral home as a permitted use in the (-3
zoning district.
f. Whether the property is physically and economically developable under the existing
zoning.
The proposed reclassification/rezoning involves developed properties and is a necessary action
in conjunction with an annexation.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning is reasonably related to the needs of the
neighborhood and the city as c: whole (see above sections "e" and "f").
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
The proposed amendment is requested for the already developed properties and in conjunction
with an application for annexation. No use changes are planned for either property.
JIliASTER PLAN ANAL YS!S FOR SA~vt/S CLUB
When requesting to rezone oroperty to a planned districtl such as Planned Commercial
Development (peD), the applicant is required to submit a Master Plan depicting the iocation of
site improvements, proposed traffic patterns and site data. Since the existing Sam1s Club is
requesting PCD zoning, the applicant has submitted the requisite master plan. The master plan
depicts the existing one-story, 134,100 square foot Sam's Club building situated in the
southwest corner of the propertyl as well as a proposed Sam's membership gas station and
carwash facility in th'2 northeast corn'2r of the property.
c
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I ne Dian Q:::plct':, [iarl;ing on all sid.::::: of the prop.::rtv, wit! tile iarg.::;t pamn~ fi.::id5 ;::c the:: ":?~C
arid Ilortn Dr Ih'C' .::):is::ing San-: s structure, Wit: the:: indusior of th:: g25 ane ,ca,W2sr, Tai::iiit\ ",,-
sit:: propose:: 6S3 parking S[iaces, rouI' 14) S;::iDeeS i!-, .::)([e::5 of the reo:_w.::c 67::>.~cce::ss :::: e,
prc)perty WOUIC b,,: througn fou, ({, e)c!sting dri\levvavs, one::" frorr Hv:JOi:u/.:: F:oad, ju:;:: -=C~
of Seacre9: Boulevard, and tn:'::e:: '?,.. e)(!stin~ o,iv,::s off of3ea::r.::st BC1Ui.::va!T 3-': t:l-= :'ICI'~,'"
eoge, c::nt:::- a,IC southern e::oge of me sit'::, :1": :;:;:e I12:=: Gam:: CII'tC'JianX~:Dmp:::;:e!y a:-,xn'.:
th,:: sit,:: an,j e)(isting and proDo;.::d str'Jctu:''::3, fo"' ':as:: :Jf 3'::"'v'ice an:::
acc~ss.
Planne::d Comlll.::rcial Di;trict reguiations :::stabiish s.::tbacks :rld buffe,s ir .::/cess Df :;;:aih:Jc'
commercial zoning distric::s. The existing 134,100 .;quar,:: foot Duilding woule '~ceee all ,::r'
district setba:::J requirements; from - 40' reoulred.'3~5' providec, ;ide:: - 30' -eouired.'45' G':::'
provld.::d, and r::::ar - 40' requir.::dj65' DlOvided. ,D.s fo, s.::tbacl requir':::m.::n,:s aopiicabie:: t:: ~:
propose::d g2S and ,ca:wash facility', the CCJoe 3e':s fortr soecia! s.::tba::.i ~.::gulations f:J,
sLations, which would be met with the olan ,;ubmitt.::d: fron': - ::'5' required ':::6' Droposed, side
20' required/555' & DO' proposed, and rea:' - 20' r-equil'edi::'.20' providec. Buffers ar'e tc
d.::signed ir. accord with the:: periphe;-a! greenDelt regulations, which :-equire c minimum 1[:
iandscap::: greenbelt area around the .::ntir,,: sit'::'.. /AS this is a ciev.::ioped site; approved U-ICJ'
Palm Beach County zoning reguiations, the sit'::, inciuding numerous tr-ee Dreservatlo-
eas:::ments, complies with this requirem:::nt e)(C'::'.Dt fa, an aJproxifTlate 190 foo;: iong 3egm::::,,'
along th.:: south side of tne buiiding abutting th'::'. c.::meterv proDerty. 3in:::: oni\ thi:; 3mal' ,;::-;c
fal!s 3hort of the PCD requirement, staff wil! require a denser oianting sch::::me Ie
accomplished wh.::n the formal site plan is broughI forward Ii tne futur2 (0 C100roV':: the 92': en:
'can/\;ash facility additior:. A fjr,al code provision of not": within tne .;pe::cial gas s::atlor, re::guiatlor~.
associat.::d with Planned Comm::::rcial Develooment distric,:s r.::quires gas oump ~:;iands :i:I':.
2ssociated canoDies be:: located a minimun- Of :200 f::et riOm any oubiic 'Igh-::-of-wav, b5,"
requir:::ment would piace the fueling op:::iations direictl) ir: fwnt of th,:: fwnt doO' te ::X!')Ci!:'
Sames Club building and would displace th::: e:;tabiished and mo;t convenient c:u.;wm::" pan\t:it:
staff sugge;':5 that a code amendm.::n:: be under:::ak.::n to ac:commooat'::: 'enos': Drop'::'-[!'
r'::qu:::sting PCD zoning with existing improv.::men,::s, wnier' ar.:: annexed IrIll' tn~:::~i:\. l\L :r:f' ,
2spec'::; of development review will be ac:::omDI!;hed during tn,,: sit,,: Oial', 1':::Vlev\ :J:-C'u'
2ssociat:::d with tile previouslv mentioned futu"'" i IllDrO\!em"'!lj~::;
R.elative to the l\iorthStar Cemetery S:::rvic:::s 01' rL, LLC reou'~st for c-:: 2oning, (:, ITI23Ier pidi
not required as Dart of th,:: rezoning. The appiicam h2s sugge::3ted tile:: Dossioilitv or modiivllll
the site at some point in the future:: !:O accommCJda(e 2 ,:::ematoriun~ Wn'?ri tne:: aopiica:~- !.
ready to bring forward such a proposal. s;:aff will initiate the nec.::s.;a,\ site:: pian i.~vieV\ Jroc':::~:
CONCLUSIONS! RECOMMENDA nONS
The r.::auest i.; cor:si;tent with th,,: obiectiv-::,:; of the '=it\ :' a:ine)(atlor Drogi'am ana rel,:::\,a!'-
policies in the Comprehensive Plan. t=uii:h'::I'mor": Ie wili b.::nefit th,= '=iD'~,=,conomV witho!J'
creating additional impacts on infia;tructure tha:: cannot be accommooat.::d witnin ':::)(IStlii:
capacities, and without geneiating anv negatiVe impact=: uoon adjac'?n+: 0' !l::arb\' PrD oerti "0: ,
ThereTore, ;Laff recommend::, tha:: tile subiec~ reou,::st be aoorc1\I'::C:.
I.TI ACHlvj EN!':
,-- \rl(Hlrlln~\,.:;H/\RFr}\WP"r)ri ':::: --:::-;\::,a:T1'"; =iu:' rr: IVlf'IT101"I;:l!\U it,:
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SAM"S CLUB AND NORTHSTAR PROPERTmES
LOCATION MAP
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DATE
D,~1E
DATf
Meeting Minutes
Regular City Commission
Boynton Beachr FL
Owner:
January 20, 2009
Location:
Descri ption:
B.
Project:
Agent:
Owner:
Location:
Description:
Walmart Stores #8140/Northstar Cemetery Services of Floridar
LLC
West of North Seacrest Blvdr South of HYPoluxo Rd. 7233
Sea crest Blvd and 3691 Seacrest Blvd.
Request to annex the properties. (Sam's Club -- 1st Reading
Proposed Ordinance No. 09-003) (Northstar - 1st Reading
Proposed Ordinance No. 09-004)
Sam's Club/Northstar (LUAR 09-002)
Bonnie Miskel and Scott Backman
Walmart Stores #8140/Northstar Cemetery Services of Florida,
LLC
West of North Seacrest Blvd'r South of Hypoluxo Roadr 7233
Seacrest Blvd. and 3691 Seacrest Blvd.
Request to amend the Comprehensive Plan Future Land Use Map
classification on :t::41.49 acres of land from Commercial High
(CHIS) and Institutional (Palm Beach County) to Local Retail
Commercial (LRC).(Sam's Club -- 1st Reading Proposed
Ordinance No. 09-005) (Northstar - 1st Reading Proposed
Ordinance No. 09-006)
Request to rezone from Palm Beach County Commercial General
(CG) and Residential Multifamily (RM) to Planned Commercial
Development (PCD) and C-3, Community Commercial. (Sam's
Club -- 1st Reading Proposed Ordinance No. 09-007)
(Northstar _1st Reading Proposed Ordinance No. 09-008)
Hanna Matrasr Senior Planner addressed the annexationr land use amendment and rezoning for
both Items VIII. A and B. The request covered two properties; Sam's Club and Northstar
Cemetery. It included a total of 41.49 acres. She reviewed the current zoning designations and
the request to change to Local Retail Commercial. Sam's Club would be Planned Commercial
Development zoning and Northstar would be C-3, Community Commercial. There would be no
current changes to the existing uses. In the future, Samrs Club would be adding a fueling
facility and Northstar would be adding a crematorium. Staff recommended approval of the
annexation, land use amendment and rezoning. The requests met all the necessary criteria for
approval as outlined in the staff report.
Scott Backmanr legal counsel for the applicants, commended staff for their cooperation. He
was present to answer any questions. Attorney Cherof pointed out the requests would return
to the Commission after transmission for approval by the Department of Community Affairs. A
separate annexation agreement would be brought before the Commission also. Any conditions
of approval would be included in the annexation agreement.
Mayor Taylor opened the issue for public hearing or comment.
No one coming forward, Mayor Taylor closed the public hearing.
11
Meeting Minutes
Regular City Commission
Boynton Beach, Fl
January 20, 2009
Attorney Cherof read Proposed Ordinance No. 09-003 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-003. Commissioner Weiland
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-004 by title only on first reading.
Motion
Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 09-004. Commissioner Hay
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-005 by title only on first reading.
Motion
Commissioner Weiland moved to approve Proposed Ordinance No. 09-005. Commissioner Hay
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-006 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-006. Commissioner Ross
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-007. by title only on first reading.
12
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 20, 2009
Motion
Commissioner Ross moved to approve Proposed Ordinance No. 09-007. Commissioner Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-008 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-008. Commissioner Ross
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
c.
Project:
Agent:
Owner:
Location:
Descri ption:
New Urban High Ridge (LUAR 09-001)
limothy L. Hernandez
New Urban High Ridge, LLC
Northwest corner of High Ridge Road and Miner Road
Request to amend the Comprehensive Plan Future Land Use Map
classification on :f:18.44 acres of land from Medium Density
Residential to Industrial; (1st Reading Proposed Ordinance
No. 09-009)
Request to rezone from Planned Unit Development (PUD) to M-1,
Industrial. (1st Reading Proposed Ordinance No. 09-010)
Ms. Matras reviewed the request to amend the land use from medium density residential to
industrial with maximum FAR of 0.5 and rezone to M-1 Industrial district. The parcel includes
18.44 acres. It was annexed to the City in May, 2005 originally proposed with single family
homes and townhomes. There was modification to only single family homes. The project has
been the victim of the real estate downturn and currently not feasible. Staff recommended
approval as it met all the necessary criteria as outlined in the staff report.
limothy Hernandez, agent for the applicant was present. Vice Mayor Rodriguez inquired about
the plans for the area. Mr. Hernandez responded it would be upscale, flexible, industrial type
space similar to the industrial use to the east and south of the project.
Danny Underwood, 28 Maplewood Court, Cedar Ridge Estates, reluctantly agreed with the
request. He would have preferred a residential development. His main concern was the access
to the property at the entrance to Cedar Ridge Estates where many children wait for school
13
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XII. - LEGAL
DEVELOPMENT
ITEM A.6
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 Aoril 21, 2009 Anril6, 2009 (Noon) 0 June 16,2009 June 1,2009 (Noon)
0 Mav 5, 2009 Aoril 20, 2009 (Noon) 0 Julv 7,2009 June 15,2009(}JOon)
0 Mav 19, 2009 Mav4,2009(}Joon) 0 Julv 21, 2009 Julv6, 2009 (Noon)
[8J June 2, 2009 Mav 18, 2009 moon) 0 August 4, 2009 Julv20,2009(}foon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrati ve 0 New Business
AGENDA ITEM 0 Consent Agenda [8J Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this request on the June 2, 2009 City Commission Agenda under
Legal, Ordinance - Second Reading. The City Commission on January 20,2009 approved this item (including First Reading
of the Ordinance) with the corresponding Land Use Amendment which was transmitted to the Department of Community
Affairs (DCA). The State's review is completed and the ordinance has been prepared for adoption. For further details
pertaining to this request, see attached Department Memorandum No. 08-104.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
Northstar (LUAR 09-002)
Bonnie Miskel and Scott Backman
Walmart Stores #8140 / Northstar Cemetery Services of Florida, LLC
West of North Seacrest Boulevard, South of Hypoluxo Road, 7233 Seacrest
Boulevard and 3691 Seacrest Boulevard
Request to rezone from Palm Beach County Commercial General (CG) and
Residential Multifamily (RM) to Planned Commercial Development (PCD) and
C-3, Community Commercial.
DESCRIPTION:
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES:
Development D a
~U~Q ~
City Manager's Si~ature
Assistant to City Manager ~
/7U--7 ~
'~ing and~' lre~or City Attorney / Finance
S:\Planning\Planning Templates\Agenda Item Request Northstar Rezone LUAR 09-001 6-2-09.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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ORDINANCE NO. 09- n>>
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING THE
APPLICATION OF NORTHSTAR CEMETERY
SERVICES OF FLORIDA, LLC., AMENDING
ORDINANCE 02-013 TO REZONE A PARCEL OF
LAND LOCATED AT 3691 SEACREST
BOULEVARD, AS MORE FULLY DESCRIBED
HEREIN, FROM RESIDENTIAL MULTI-FAMILY
(RM) TO C-3 COMMUNITY COMMERCIAL;
PROVIDING FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said Citv:
and
WHEREAS, Northstar Cemetery Services of Florida, LLC" owner of the propert~
located at 3691 Seacrest Boulevard. in Boynton Beach. Florida. as more particularly
described herein, has filed a Petition, through its agents, Bonnie Miskel and Scott Backman.
pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances. City of Boynton
Beach, Florida, for the purpose of rezoning a parcel of land, said land being more particularly
described hereinafter, from Residential Multi-family (RM) to C-3 Community Commercial:
and
WHEREAS, the City Commission conducted a public hearing and heard testimony
and received evidence which the Commission finds supports a rezoning for the property
hereinafter described; and
WHEREAS, the City Commission finds that the proposed rezoning is consistent with
an amendment to the Land Use which was contemporaneously considered and approved at
the public hearing heretofore referenced: and
s leA \Ordinances\Plannin/tlRezonin~RezonJng -Northstar doc
II
1 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
2 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
5
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
6 herein by this reference.
7
Section 2.
The following described land located at 3691 Seacrest Boulevard in
8 Boynton Beach, Florida, as set forth as follows:
9
10 See Legal Description attached as Exhibit "A"
11
12
13 Subject to easements, restrictions, reservations, covenants and
14 rights-of-way of record.
15
16 be and the same is hereby rezoned from Residential Multi-family (RM) to C-3 Community
1 7 Commercial. A location map is attached hereto as Exhibit "B" and made a part of this
18 Ordinance by reference.
19 Section 3.
20 accordingly.
21 Section 4.
22 repealed.
23 Section 5.
That the aforesaid Revised Zoning Map of the City shall be amended
All ordinances or parts of ordinances in conflict herewith are hereby
Should any section or provision of this Ordinance or any portion thereof
24 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
25 the remainder of this Ordinance.
26 Section 6. This ordinance shall become effective immediately upon passage.
27 FIRST READING this ~ day of .JCU1LU",A.r1 ' 2009.
S :\CA \OrdinancesIPlanning-RezoningJ{ezoning -North star, doc
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1. SECOND, FINAL READING and PASSAGE this
dav 01
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1 7 ATTEST:
18
19
20 Janet M. Prainito, CMC
21 City Clerk
22
23
24 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner -- Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
I
! .
S 'leA IOrdmanceslPlanninglRezonmg\k.ezon iog -Northstar J( Ie
KEATLEY INVESTMENTS, Inc. CEMETERY PARCEL
LEGAL DESCRIPTION OF PALM BEACH MEMORIAL PARK
Situated in the County of Palm Beach, State of Florida, and knows as being a part of the re-plat
of part of Lincoln memorial Gardens, as recorded in Plat Book 25, Page 225, and further
described as follows:
COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road
(width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast comer of
Northwest Quarter (NW 1/4) of Section 9, Township 45 South, Range 43 East, Palm Beach
County, Florida;
Thence South 020 29' 14" West, along the centerline of Seacrest Boulevard and the east line of
said Northwest Quarter of Section 9, a distance of 1,218.79 feet to a point;
Thence North 870 30' 46" West, a distance of 40.00 feet to a point on the West right-of-way line
of said Seacrest Boulevard, and being 20.30 feet South of the North line of the re-plat of Lincoln
Memorial Gardens, and the POINT OF BEGINNING;
Thence South 020 29' 14" West along the West right-of-way line of said Seacrest Boulevard, a
distance of 1,391.26 feet to a point; thence North 870 30' 46" West, a distance of 92.00 feet to a
point; thence South 020 29' 14" West, a distance of 93.00 feet to a point; thence North 870 30'
46 " West, a distance of 81. 8 3 feet to a point; thence North 010 01' 59" East, a distance of 156.13
feet to a point; thence North 870 30' 46" West, a distance of 33.81 feet to a point; thence North
01001' 59" East, a distance of 2.74 feet to a point; thence North 870 30' 46" West, a distance of
326.39 feet to a point; thence South 01001' 59" West, a distance of 12.00 feet to a point; thence
North 870 30' 46" West, a distance of 148.72 feet to a point; thence South 01001' 59" West, a
distance of 19.03 feet to a point; thence North 870 30' 46" West a distance of 176.44 feet to a
point on the East right-of-way line State Route 9 (Interstate 95), a variable width public right-of-
way; thence North 010 01' 59" East, along the East right-of-way line of said State Route 9, a
distance of 1,174.86 feet to a concrete disk found; thence South 880 55' 16" East, a distance of
344.35 feet to a point; thence North 030 27' 44" East, a distance of 160.14 feet to a point; thence
South 880 55' 16" East, a distance of 545.43 feet to the POINT OF BEGINNING.
Said parcel contains 25.89 acres of land, more or less.
f-XMILSiT '--\ifll
SAM'S CLUB AND NORTHSTAR PROPERTIES
LOCATION MAP
EXHIBI'f
'i :
HDR - High Density Residential
MeDR- Medium Density Residential
PPGI - Public & Private Governmental/institutional
FINNH1LLDR.
net,-,in-c-it-y--
__TOM AJ'OER[)
LEGEND
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TO:
FROM:
THR.OUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 08 - 104
Chair and Members
Planning and Development Board
Hanna Matras
Senior Planner
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fv'lichael W. Rumpf UL.. .,./,
Director of p1lanning and Zoning
December 1, 2008
Sam's Club/NorthStarjANNEX 09-001-LUAR 09-002
To annex the two properties, and to amend the Future Land Use
designation on 41.69 acres from Palm Beach County's
Commercial High with a maximum 5 dwelling units per acre
(CHIS) and Institutional and Public Facilities (INST) to Local
Retail Commercial (LRC), and rezone from Palm Beach County's
Commercial General (CG) and Residential Multifamily (RM) to
Planned Commercial Development (PCD) and C-3 Community
Commercial.
Property Owners:
Applicantl Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Walmart Stores #8140 and NorthStar Cemetery Services of FL,
LLC
Bonnie Miskel and Scott Backman
7233 Sea crest Boulevard/3691 Sea crest Boulevard (E)(hibit "A'')
15.80/25.89 acres, a total of 41.69 acres
Sam's Club: Palm Beach County's Commercial High with a
maximum 5 dwelling units per acre (CHjS)
NorthStar: Institutional and Public Facilities (INST)
Sam's Club: Palm Beach County's Commercial G'2n'2ra\ (CG)
NorthStar: Residential fViultifamily (RM)
Local Retail Commercial (both properties)
Sam's Club: Piann'2d Commercial Development (PCD)
NorthStar: (-3 Community Commercial
No chang'2s to current uses
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~DP. a,lC ='J,I:::[ ["IJit -:=amily F':::3Id::ntial
~ ':=:SI:J':'-'-:C:
:ownnJrTI-::c, Dj "-= sCI!Il:/iii2S ':::'iJIlCJC' Ci2ssifi:::c :-liell' :::J-:::::i
P.,::sld'::ll':ia! !HDP i alld :::one::d l\llul:i-~afT,il\ F':::sicl'::nLia! 'F'-:;
East:
P-ight-of-vva\ of 3,,:ac,:::sI bOeJi'::v'arc, far::n.::~ ":2:;t sin';Ji:::-~a::'
Ilom-::'O (~,an ':::251:1::: :;ubdlvi:;ion: Ir UlllilCCl,Do:-at::c' ['aill-
:::OeJntv, d=sigr,at::c lv'i:::di'Jrt"I [I.::nsit\ F:::side::ir:i3 !\1F'-5
:::oned F,esioential lv'jul(ifamilv'PIVJ,: te, :'1:: rloltn::2,:;:
d:::v.::loD.::d arid \/'acan: ,commerC;3, :)rO::J'.:rJ:=:c: ,_ant;:;!' c
d.::sianateo and :::oned Cl-:='omm::rc;ai
WD~t.
...:::>... .
Right-of-wa\ of lllt.::rstate:: I-:'S,
=XECUTIVE 5UMJ\1ARY
Staff recomm::llds approval of the r::quest::d annexation, lalld use am'::lldm::nt alld i''':zonlnc eel
the followina re2sons:
1. The requ::st is consistent with the:: ann,:xation and om::!' r.::l::vant obj'::ui\/.::;: and oollei'::'.
of th~ City!s Compr::h:::nsive Pian.
,
The propos,=d am::ndm,=nt will oen'.:fit tn::: Cit\ bv mmributinc tc
':eonomy and its tale bas,:.
diversification r: 'C"
J. Th,:: proocsed amendment WOUld not create additlonallllloaccs or infr-astructLIre that
cannot be accommodated within ::~(isting capaciti::s, or g::ne;-a;:e all\' n'::Gativ::: ImDac:::r
UDon adjacent Dr nearby oroperti,:s.
PROJECT ANAL YS!S
I ne two properti,=; which are:: the ;ubject 0" this iand use am.::ndmem LD:::a "1~.6~1 CI~:','.
ther::fore: the propo;ed land use mange qualifies as a iarg,,::-seaie:: amenom.::nt Dur:;uam l
Chapt::r 163 F.S. Following local board revi,:w and City '=ommission puollc ll'C:aring, 2, "ia:';ic
scale" amendment is tiansmitt::d to the Florida Deoan::ment of Communitv Affai'"; fo~ revi,:\!\! ':'
compiianc,: with the ;tate: regional and ioeal comorehen;iv,::, pians prim w aoootior., :=oliowm:
the r::view p::riod of approximateiy 60 days. DC,6, pmvide; th~=i,:\' witn a I"eoo:+ L,f ~n?!
findings in an "Obj:::ctions, Recommendations and Commell~ IJRC) F','::Dorc". -;-!le Dr\ tnel'-,::!
60 days m eith.::r' (1) adopt the am::ndment as tran;mitted, 1:2: aooot tne am.::norn.::n: V,j!t'
chang.::s in r.=spon;e to the ORe repmt, or .3: d.::'Cermine no'.: te aaoot tn.,; 2:lmenOmell'
inform DCL\, 0"= that deei;ion. Accol'dinc LL' ;:::ioriGa :;La::Utes=i1aote~ .i'::::::. iarge-c;~::JI
amenomen:::::, r:,av only be adop'C::d during tWC am.::ndm'c:nt C\/=I':::: :::a:.:r, cal::[IOal' :=a'.
alll::ndm:::nt :'':::Juest ~s 2. Dalt of tn'.: :"1 lTlunc cr amendrn.::n::: Fl;- _ 2ClC\': CCl''.:',iC.ia: ":::.8:.
File Numb~r: LUAR 09-002-ANEX 09-001
Sam's C1ub/NorthStar
This proposed amendment is being reviewed for transmittal to the Florida Department of
Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be
scheduled for adoption, tentatively in May 2009.
a. Il\Ihether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to; a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Dillision and the City!; risk
manager. The planning department shall also recommend jimitations or
requirements; which would have to be imposed on subsequent development of the
propertv; in order to comply with policies contained in the comprehensille plan.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The request is consistent with the City's annexation program as
described in the following objective and policies in the Comprehensive Plan:
Objectil,e 1.15
Pollcyl. 15. 1
Policy 1.15.2
Polley 1.15.3
The City will continue to expand through annexation of encfaves,
pockets and other contiguolls properties.
The City shall continue to promote the order/y annexation of lands
consistent with Chapter 171; Florida Statutes( and the Palm Beach County
Annexation Policy.
The City shall utilize four methods of annexation:
1. Voluntary annexation'
2. Annexation by inter/ocal agreement with Palm Beach County;
3. Compliance with pre-annexation water service agreements from the
City. and
4. Referendum.
The City shall require every property being annexed into the City to
concurrently apply for land use amendment and rezoning to the City!;
adopted land use classification and zoning district. rr
The request is also consistent with Objectiv::: 1.17:
Objective 1.17
The City shalf pursue economic development opportunities to
support a competitive and dilfersified economy.
Sam's Club will contribute to the diversification of the City's economy and the City's fiscal
profile, now overly dependent on the residential sector for its tax revenues.
b. Whether the proposed rezoning wouid be contrary to the established land use
pattern or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special prillilege to an individual property
owner as contrasted with the protection of the public welfare.
The propos:::d rezoning is requested for developed properties and in conjunction with the
application for ann:::)(ation. The uses of both properties have been long established under the
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Th~ orop05-=:O a,nendm.::nt is "'eque::sI-=:d in unctio:- WIT of C1DJli'CcEiY
:::y!;ting Palm S::ach County land use d-::,sio:-'dti':)i'i ane zon:nc 1lLJst ')==r
'Jse d~sigrlation and zoning di5t1-ic::.
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[,t-~I::?[/7:?r' tn::? propos:?':} US2 lvoule :7~ COn7Dari!J!='
ot12" ;Jublic j'::aciliti9S.
utllin ,:;-l::;t::?r: c- ,'_-:;aOI1315 ,.
/1.; stated, the:: oropo5ed land use amend:w:nt do.::s not en-:ail chan';I'::s :::C::Jii'-::nc lJse cd c.."
subject properties. The additim of an accessorY' fu:::lling facility is cUiT.::nti, piann.::o for ti
Sam's Club (see the fViaster Pian review ir the last s.::cticm of this :-e801':): c: ::arW2sr lTia\ ::"
added ia:::er. The NorthStar Cemet.::ry S:::rvices :s plannin(j te, aClG a cre:~-latJriun' sJlTi::tim-:-: ii ::,:
future. Both pianned additions r.::present minimal impact UDon municiDa s::i"vi::es 2:; deseri!:)':,::
below.
Traffic
The refueling facility will be an an::il:ary US'2 for the Sam's Club and thLJS the:-.:: wil! b'2 G :,F;Jc_
proportion of shar:::d trips b::twe:::n the two. The facility wili b:: available exclusiv.::iV te, the:: Ciue .
members and will require a membership card fOi pump activatior'. The -':ilpcrlaiacter!';i:icc
analysis done for similar Drojects indicate the internal trip captur:: of over 5(!%..
Likewise, the futur:: addition of the crematorium to th:: l~orth5tai's c::me-c::r\ wil :lO':
significant imDact on the surrounding roadwavs.
At the time of the sit:: pian application for the r::spective addition5 tne concu,renc\
impact analysis or statement will b:: provided and wili b.:: r.::viewed D\ th,:, '::'ount\
consistency witn the F'al Beach County Ti-affic Performance 5l:andards ol'dir,ancc:
Potable Water and Sewer
The City Drovid':2s both water and ;:::W'::i s::rvices to the ':;an':~ CIU:::, ;JriJoerc\. -n:: aCldition J
fuelling station will not hav:: a significant effect on the site's cwer-al! water d.::mand and. Si~l
Sam's Club carwash facilities utili::e:: ;'e::c\!,ciec \/I.iat.::r, acarvv2;n ~aciiit\ wC\'Jld e!se :-',av,
negligibie impact.
Upon annexatiori" the Cit)' will Drovide watel' e:: the l~o~th.3ta:c=mete-\, out GU::T tr:':: ne::::,c
and th:: cost oT, the ::xt:::nsiv:: on-;it.:: improv.::m,ents, r~orLr..3tai"s connection to _ =it{s 5e\fv::'
svst:::m will De:: Do;tponed. lViore::ov.::r, th~ facility will continu-= w us':' wel vvater- iii'IOat:Ci:
Dur-poses,
Water D::!mallQ
I~-'-~'~
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I Lan d IlJse
H~IG'errE"ation Rate Units
12::;:;P[1 Der empiol/~ 16
!s ,:;p=~ P2~ s~at i J~Ji!
r-
[Tota[ GDP
l"lOC
I
I~,oc
1 =msting! Piroposed Office/ Cremato:-im
! ! '=hurch
t::',01DC
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthS~ar
The future addition of a crematorium will have a marginal impact, accounted for in the above
table. The generation rates for office and church uses are applied in demand calculations for the
existing funeral home and chapel buildings.
Potable Water Facilities
Water Plant Capacity' (peak day) I 27,000,000
Committed capacity (actual flow + I-eserved capacity, pea k day) 23,622,289
Remaining capacity I 3,377,711
SFWMO permitted withdrawals (average day) I 21,490,000
Contracted amount to purchase from County I 5,000,000
Expiration date of water use permit I August 14, 2010
*Includes 5,000(000 contracted to purchase for Palm Beach County
As shown, the projected increase in water demand is insignificant as compared to the remaining
capacity. Likewise, the additional sewer capacity that would be required for the NorthStar
cemetery in the future is minimal and can easily be accommodated by the City's facilities.
Sewer Demand
Land Use Generation Rate Units Total GD?
Existing/Proposed Office/Crematorim 25 GPO per employeE 16 400
Church 5 GPO per seat 120 600
1,000
Sanitary Sewer Facilities
Sewer Treatment Capacity I 24 MGO
Committed or allocated capacity (MGD) I 18.56
Available capacity (MGD) I 2.72
Solid Waste
The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's municipalities throughout the lO-year planning period.
Ora iriaOle
Drainage will also be reviewed in detail as part of the site plan approval process, and must
satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties/ or would affect the property values of
adjacent or nearby properties.
The use of the subject properties will not change; the proposed rezoning will be compatible
with adjacent and nearby properties. The proposed land use and zoning for the Sam's Club
property is similar to the current County land use and zoning designations. Th,: Local Retail
Comm:::rcial land use classification is proposed for both the Sam's Club and th,: NorthStar
property. Both properties would also have commercial zoning designations, with a PCD zoning
requested for Sam's Club and C-3 zoning for NorthStar. The NorthStar cemetery, which is a
comm,:rcial ,:nterpris,:, constitutes an appropriate transitional use between the high intensity
commercial Sam's Club to the north and residential us':s to thr:: south. Given the unfeasibility of
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JOle:m:i2 fo" n:::gatlv::: impact Ci:~ n':::,ro\ "':"51 CI-:::1 CI 3 D('Oe:'1:I::: Ii '::"'C
T~le Jr-o;Jose.:' I-=:onlm:::rcia! iand us~ anc :]ni!l!;) G-::SlgiiC]"CI:J: '=1]; ~:-~~ :)rt::3L3~ =--=!~n::::t::...."
dCCCliTdTlodat::: t:',::: pian to ':;UJ5~q ade c =:'-~n-!at:JrIUi, it c:l:;c, ,'--=7'1::.:::-::: c::CII-'i'I~"::::a" "a':'"
ti,an c: ouoiic lse of th--= proD~,t'. It .:;houle a!3C! be :Ylt~c :::i'la: :::i:::: '::J.iiiinl-:::"::ia :cniilG
acuJmmodat::: th.::: piac~m~nt of a :JillbGarc on t:-,e cem~te"\' [I,CO"::I'\ pU~:;'.Jant te =ICJIi:J::
3tatute~ 3;)d ~he 2001 5ett)en-l~~t aQr~~r:!~~il': :)~-=V'J'~'~r, _! _ \ 3'~,=J ~v\/c; 2:JO\!-=~!~!
CCl,JO;'3tio",;. The:: :;.:::ttl~ment aliows hr the Did=~ln'-::IT c/ c ::;-:::::: nUlTleJ'::' bill:J::Jarc:: cE ,;a";::),;
locations akm~ the 1-95 right-of-waV, :;ubj~:::t '~If in ~,a:-t, c r:::sloenc:;al ::,.-::[,a~a::l:Jr ;londarc 3':
all apJii:::abi~ sitilng standal-ds of ~loriGa SlatiJtes. Ti-,::: ;UDle:::,: Jro[)~:'::. WO:JIC alioV\'
=iting of 0:-1':: of the two ie:Tlainlng bil[iJe)a~c::, aliowed :..il-IJC::" _ aJ'-e'::rne,-!-/j[,:f~ mini'" =j
illluacts or resid.-::ntial and other iane us,::::,
The I'equest,::d C- 3 zoning fOi the I\J 0 r:r. SL:a r' Drope!1:y vliili re:oulre a :::00:::: amendmeiT:::, wnl~"
staff will propose and initiate to be timed witn ultimate adoption of the:: suPj.-:::::t reou.:::s:. -Y
code amendment is necessary as tne current =- 3 regu:ations onlv allow a rU:J-::,o] :'Iome 2:::
permitted us::: and funeral hom.-:: with a cr~rnatorium 2::, a::onditional us':::. The amenomerr
wouid establish a c'::met,::ry in conjunction witl 2 fun~la! horn:: 2S a Dermih.-::C use Ii the
zoning district.
T IVnether the propertv is Dhlfsica//i' and economica/Ii oel/e/o:Jab/e Jnde" tie 9):/5[;'7L'
zoning.
The propose:d r~ciassifjcationirezoning In\loiv.-::s develop::d Drop,::rties ane' ,r:
In conjunctior, with ar: ann~xation.
necessary' actlo'-
c..
/II/nether the oropcsed rezoning is of 2 scaie H'/7/C!-:' is ,~e2S0JiaD!1 "9lafec [( t7~'
needs o.f the neiahborhood and tne cin 25 a /1'/'70/e.
The requested iand use amendment and n::zoning j:; reasonabiy reiate:d Le' th:: needs or tne
neighborhood and the city as a whole ('see above: se:ctions ,,~,. and ".c":.
h. I.Vhetner there are ad9auate sites eis2wnere /i
districts where sum use is ain::,ad\ a//oI1/ed.
:'1':1 1:0,:- tn~l ;JrO[.,:IS':3C/ !-IS2, IF'
The propos,::d alllendme:nt is requested ror the ali-:::adv dev,::ioped propen::.:::s ane' li- comUnCtlc,
with an appiication for anne)~ation. f\Jo use changes are planned for eitner' orope!'::\
~lIjjp.sTER PLAN ANAL Y5rS r=OlR 5A'III"S C!..JiJ6
When reque:5ting to rezone proP'::Il) to a Diann,::d d!stric::, 5uch a::- Piannec ::'omm-::r::i2
Deveiopm.:::nt (peD), the apolicant is reouired te, 3uomit 2 l\'ics1:er Plar ci.:::oictin;: tn:: iocatior T
5it-::: improv.:::ments, proposed t,affic patterns and sit'.:: Gala. Since the2xisting Sanro Ciut
r~qu~5ting peD zoning, the appiicant has submitted th,:: reqUisite rT,cS1:e~ olar:. T1~ maSter' ['IC:~
oeoiets the '2)(i5ting one-story, :i.34,10D 5ouar,=, foot Sall:::-:luCi Duiidirlg 5itLja::ed ir i
southvve5tcorn.:::r of the prope:nry as w,::l! 2::, c olOpo;ec Sam::, memc,,::rsnic:::;a::- 5tatlCir,
carv\i25h faciiitv in the north-:::ast corn~r of th'? orope::1:\.
File Number: lUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
The plan depicts parking on all sides of the property, with the largest parking fields to the east
and north of the existing Sam's structure. With the inclusion of the gas and carwash facility, the
site proposes 683 parking spaces, four (4) spaces in excess of the required 679. Access to the
property would be through four (4) e>cisting driveways, one (1) from Hypoluxo Road, just east
of Seacrest Boulevard, and three (3) e><!sting drives off of Seacrest Bouleval-d, at the northern
edge, center and southern edge of the site. The site has traffic circulation completely amund
the site and existing and proposed structures, for ease of service delivery and emergency
access.
Planned Commercial District regulations establish setbad:.s and buffers in excess of standard
commercial zoning districts. The existing 134,100 square foot building would exceed all of the
district setback requirements; front - 40' requiredj355' provided, side - 30' required/45' & 270'
provided, and rear - 40' required/65' provided. As for setback requirements applicable to the
proposed gas and carwash facility, the code sets forth special setback regulations for gas
stations, which would be met with the plan submitted; front - 35' required/36' proposed, side -
20' requiredj555' & 130' proposed, and rear - 20' required/220' provided. Buffers are to be
designed in accord with the peripheral greenbelt regulations, which require a minimum 10 foot
landscape greenbelt area around the entire site. As this is a developed site, approved under
Palm Beach County zoning regulations, the site, including numerous tree preservation
easements, complies with this requirement, except for an approximate 190 foot long segment
along the south side of the building abutting the cemetery property. Since only this small strip
falls short of the PCD requirement, staff will require a denser planting scheme to be
accomplished when the formal site plan is brought forward in the future to approve the gas and
carwash facility addition. A final code provision of note within the special gas station regulations
associated with Planned Commercial Development districts requires gas pump islands and
associated canopies be located a minimum of 200 feet from any public right-of-way. As this
requirement would place the fueling operations directly in front of the front door to the existing
Sam's Club building and would displace the established and most convenient customer parking,
staff suggests that a code amendment be undertaken to accommodate those properties
requesting PCD zoning with existing improvements, which are annexed into the City. All other
aspects of development review will be accomplished during the site plan review process
associated with the previously mentioned future improvements.
Relative to the NorthStar Cemetery Services of Fl, LlC request for C-3 zoning, a master plan is
not required as part of the rezoning. The applicant has suggested the possibility of modifying
the site at some point in the future to accommodate a crematorium. When the applicant is
ready to bring forward such a proposal, staff will initiate the necessary site plan review process.
CONCLUSIONS I R2COMMENDA nONS
The request is consistent with the objectiv~5 of the City's anne)(ation program and relevant
policies in the Comprehensive Plan. Furthermore, it will benefit the City's economy without
creating additional impacts on infrastructure that cannot be accommodated within existing
capacities, and without generating any negative impacts upon adjacent or nearby properties.
Therefore, staff recommends that the subject request be approved.
ATI,ll.CHIVl ENTS
S. \PJannrng\SHARED\WP\PROJECfS\Sams Clut, PEl, Memonal\LUAr OSl-002\STAFF RfPORT SaIT1'~Outl~P8fvjernonal.oo':
"
S,Ar~tS, CLUB AND) NQ:RTHSTAR PRO:PERT(,ES
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
Owner:
January 20, 2009
Location:
Description:
B.
Project:
Agent:
Owner:
Location:
Description:
Walmart Stores #8140/Northstar Cemetery Services of Rorida,
LLC
West of North Seacrest Blvd, South of Hypoluxo Rd. 7233
Sea crest Blvd and 3691 Seacrest Blvd.
Request to annex the properties. (Sam's Club -- 1.- Reading
Proposed Ordinance No. 09-003) (Northstar - 1.st Reading
Proposed Ordinance No. 09-004)
Sam's Club/Northstar (LUAR 09-002)
Bonnie Miskel and Scott Backman
Walmart Stores #8140/Northstar Cemetery Services of Florida,
LLC
West of North Seacrest Blvd., South of Hypoluxo Road, 7233
Seacrest Blvd. and 3691 Seacrest Blvd.
Request to amend the Comprehensive Plan Future Land Use Map
classification on :t:41.49 acres of land from Commercial High
(CHIS) and Institutional (Palm Beach County) to Local Retail
Commercial (LRC).(Sam's Club -- 1.st Reading Proposed
Ordinance No. 09-005) (Northstar - 1.- Reading Proposed
Ordinance No. 09-006)
Request to rezone from Palm Beach County Commercial General
(CG) and Residential Multifamily (RM) to Planned Commercial
Development (PCD) and C-3, Community Commercial. (Sam's
Club -- 1.st Reading Proposed Ordinance No. 09-007)
(Northstar _1.st Reading Proposed Ordinance No. 09-008)
Hanna Matras, Senior Planner addressed the annexation, land use amendment and rezoning for
both Items VIII. A and B. The request covered two properties; Sam's Club and Northstar
Cemetery. It included a total of 41.49 acres. She reviewed the current zoning designations and
the request to change to Local Retail Commercial. Sam's Club would be Planned Commercial
Development zoning and Northstar would be C-3, Community Commercial. There would be no
current changes to the existing uses. In the future, Sam's Club would be adding a fueling
facility and Northstar would be adding a crematorium. Staff recommended approval of the
annexation, land use amendment and rezoning. The requests met all the necessary criteria for
approval as outlined in the staff report.
Scott Backman, legal counsel for the applicants, commended staff for their cooperation. He
was present to answer any questions. Attorney Cherof pointed out the requests would return
to the Commission after transmission for approval by the Department of Community Affairs. A
separate annexation agreement would be brought before the Commission also. Any conditions
of approval would be included in the annexation agreement.
Mayor Taylor opened the issue for public hearing or comment.
No one coming forward, Mayor Taylor closed the public hearing.
11
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 20, 2009
Attorney Cherof read Proposed Ordinance No. 09-003 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-003. Commissioner Weiland
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-004 by title only on first reading.
Motion
Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 09-004. Commissioner Hay
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-005 by title only on first reading.
Motion
Commissioner Weiland moved to approve Proposed Ordinance No. 09-005. Commissioner Hay
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-006 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-006. Commissioner Ross
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-007 by title only on first reading.
12
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 20, 2009
Motion
Commissioner Ross moved to approve Proposed Ordinance No. 09-007. Commissioner Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-008 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-008. Commissioner Ross
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
c.
Project:
Agent:
OWner:
Location:
Descri ption:
New Urban High Ridge (LUAR 09-001)
Timottiy L. Hernandez
New Urban High Ridge, LLC
Northwest corner of High Ridge Road and Miner Road
Request to amend the Comprehensive Plan Future Land Use Map
classification on :1:18.44 acres of land from Medium Density
Residential to Industrial; (1.<< Reading Proposed Ordinance
No. 09-009)
Request to rezone from Planned Unit Development (PUD) to M-1,
Industrial. (1<< Reading Proposed Ordinance No. 09-01.0)
Ms. Matras reviewed the request to amend the land use from medium density residential to
industrial with maximum FAR of 0.5 and rezone to M-1 Industrial district. The parcel includes
18.44 acres. It was annexed to the City in May, 2005 originally proposed with single family
homes and townhomes. There was modification to only single family homes. The project has
been the victim of the real estate downturn and currently not feasible. Staff recommended
approval as it met all the necessary criteria as outlined in the staff report.
Timothy Hernandez, agent for the applicant was present. Vice Mayor Rodriguez inquired about
the plans for the area. Mr. Hernandez responded it would be upscale, flexible, industrial type
space similar to the industrial use to the east and south of the project.
Danny Underwood, 28 Maplewood Court, Cedar Ridge Estates, reluctantly agreed with the
request. He would have preferred a residential development. His main concern was the access
to the property at the entrance to Cedar Ridge Estates where many children wait for school
13
XII. - LEGAL
DEVELOPMENT
ITEM A.7
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to Citv Clerk's
Office
D A ri121, 2009
D 5,2009
D 19,2009
IZI June 2, 2009
D June 16, 2009
D Jul
D Jul Jul
D st 4, 2009 Jul
D AnnouncementslPresentations D Citv Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda IZI Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Please place this request on the June 2, 2009 City Commission Agenda under Legal,
Ordinance - Second Reading. On January 20,2009, the City Commission approved this item (including First Reading of the
Ordinance) for transmittal to the Department of Community Affairs (DCA). This item has been returned from DCA and is
now ready for final ordinance processing. Please note that the size of the subject property has been reduced from :t18.44
acres to :t13.66 acres. The extracted portion is currently the subject of a site plan application for a charter school, which is an
allowed use under the current future land use classification of Medium Density Residential (MeDR). An additional :to.56
acres was conveyed to the Palm Beach County for the right-of-way for High Ridge Road. For further details pertaining to this
request, see attached Department Memorandum No. 08-093.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
New Urban High Ridge (LUAR 09-001)
Timothy L. Hernandez
New Urban High Ridge, LLC
Northwest comer of High Ridge Road and Miner Road
Request to amend the Comprehensive Plan Future Land Use Map classification
on :t 13.66 acres of land from Medium Density Residential to Industrial.
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES:
Development Depa
Assistant to City Manager
~5'=-
/'
Planning and Zoning Director
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
1 ORDINANCE NO. 09-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38
5 BY AMENDING THE FUTURE LAND USE ELEMENT
6 OF THE COMPREHENSIVE PLAN FOR A PARCEL
7 OWNED BY NEW URBAN HIGH RIDGE, LLC., AND
8 LOCATED ON THE NORTHWEST CORNER OF HIGH
9 RIDGE ROAD AND MINER ROAD; CHANGING THE
10 LAND USE DESIGNATION FROM MEDIUM DENSITY
11 RESIDENTIAL (MEDR, 9.68 DlJ/AC) TO INDUSTRIAL;
12 PROVIDING FOR CONFLICTS, SEVERABILITY, AND
13 AN EFFECTIVE DATE.
141
1511 WHEREAS, the City Commission ofthe City of Boynton Beach. Florida has adopted
16 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
17 pursuant to Ordinance No. 89-38 and in accordance with the I.oeal Government
18 Comprehensive Planning Act: and
19 WHEREAS, the procedure for amendment of a Future Land Use Element uta
20 Comprehensive Plan as set forth in Chapter 163, Florida Statutes. has been followed: and
21 WHEREAS, after two (2) public hearings the City Commission acting in its dual
22 capacity as Local Planning Agency and City Commission tinds that the amendment
23 hereinafter set forth is consistent with the City' s adopted Comprehensive Plan and deems it In
24 the best interest of the inhabitants of said City to amend the aforesaid Element of the
25 Comprehensive Plan as provided.
26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
27 CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
29 herein by this reference.
S..CAIUrdlnanceSIPlanninglLand UselNe\\ l'rban High RidgcI2nd rcadl due'
1
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
2 following:
3 That the Future Land Use of the following described land located on the Northwest
4 corner of High Ridge Road and Miner Road changing the land use designation from Medium
5 Density Residential (MeDR, 9.68 du/ac) to Industrial:
6
7 See legal description attached hereto as Exhibit "A"
8
9 CONTAINING APPROX.13.66 ACRES OF LAND.
10
11 Subject to easements, restrictions, reservations, covenants and rights-
12 of-way of record.
13
14
15 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
16 Future Land Use Plan shall be amended accordingly.
1 7 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
18 Section 5: Should any section or provision of this Ordinance or any portion thereof be
19 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
20 remainder of this Ordinance.
21 Section 6: The effective date of this plan amendment shall be the date a final order is
22 issued by the Department of Community Affairs finding the amendment to be in compliance in
23 accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration
24 Commission finding the amendment to be in compliance in accordance with Section 163.3184,
25 F.S.
26
FIRST READING this _ day of
,2009.
S \CA\Ordinances\PJanning.Land Use\New Urban High Ridge(2nd read).doc
- 2 -
1
SECOND, fINAL READING and PASSAGE this
day 01
~ 1 i( It)
2
CITY OF BOYNTON BEACH. FLORlf)'\
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 ATTEST:
19
20
21 Janet M. Prainito, CMC
22 City Clerk
23\
24
2 5 ( Corporate Seal)
26
Mayor Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
~~-~~---,------~---_._._--_._-----
Commissioner - Marlene Ross
S \CAIOrdmanceslPlanninglLand UselNew Urban High Ridge(2nd read).doc
EXHIBIT "A"
BALANCE OF THE HIGH RIDGE PUD RECORD PLAT
(LESS THE IMAGINE CHARTER SCHOOL AT BOYNTON BEACH)
LEGAL DESCRIPTION
All of HIGH RIDGE PUD Record Plat, as recorded in Plat Book 109, Pages 90 - 93 inclusive,
according to the Public Records of Palm Beach County, Florida, LESS the following described
parcel:
BEGIN at the Northwest comer of said "High Ridge PUD Record Plat;
Thence North 88035' 59" East, along the North line of said Plat, a distance of 471.46 feet;
Thence South 01050' 29" West, along the East line of said Plat, a distance of 400.00 feet;
Thence North 88009' 31" West, a distance of 475.09 feet;
Thence North 010 09' 29" East, along the West line of said Plat, a distance of242.76 feet;
Thence North 050 02' 00" East, along the said West line, a distance of 130.80 feet to the POINT
OF BEGINNING.
Said lands situate, lying and being in Palm Beach County, Florida, containing 183,899 square
feet (4.2217 acres), more or less.
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
Property Owner:
Applicant; Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 08-093
Chair and Members
Planning and Development Board
Hanna Matras
Senior Planner
( .
Ji I-
t ~;
Michael W. Rumpf - '-,
Director of Planning and Zoning
November 10, 2008
New Urban High Ridge/LUAR 09-001
Request to amend the Future Land Use Designation from
Medium Density Residential (with a maximum density of 9,68
dwelling units per acre) to Industrial (with a maximum FAR of
0.50) and rezone from Planned Unit Development (PUD) to M-l
Industrial District.
PROJECT DESCRIPTION
New Urban High Ridge LLC
New Urban High Ridge/Timothy L. Hernandez
Northwest corner of High Ridge Road and Miner Road (Exhibit
\\ A If)
i:18.44 acres
Medium Density Residential (MeDR, 9.68 du/ac)
PUD, Planned Unit Development
Industrial (max F.A.R. of 0.50)
M-1 Industrial District
Industrial
File Number: LUAR 09-001
New Urban High Ridge
Adjacent Uses:
North:
Single family homes in unincorporated Palm Beach County,
designated LR-2 Low Density Residential (2 dujacre) and
zoned RS Single Family Residential.
South:
The right-of-way of Miner Road, then developed property
(flex space warehouse of High Ridge Commerce Center)
designated Industrial (I) and zoned M-1 Industrial; to the
southwest, undeveloped property within unincorporated Palm
Beach County designated Industrial (IND) and zoned Single
Family Residential (RS).
East:
The right-of-way of High Ridge Road, then, to the northeast,
Cedar Ridge Estates with single family homes and
townhomes (town homes built at 8.04 dujacre), designated
Low Density Residential (LDR) and zoned Planned Unit
Development (PUD). To the southwest, Cedar Ridge and
High Ridge Commerce Park, developed properties designated
Industrial (I) and zoned Planned Industrial Development
(PID).
West:
To the west, undeveloped property (High Ridge Country
Club) designated Low Density Residential (LDR) and zoned
R1AA Single Family Residential.
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The request is consistent with the relevant policies in the Compreher.lsive Plan that
encourage rezoning to industrial uses as well as with the recommendations of the 2006
"Analysis of the M-1 Zoning District" report.
2. The proposed amendment is of great benefit to the City given the acute shortage of
industrial land. Industrial uses diversify the economy and create jobs, lessening impacts
of economic downturns.
3. The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within existing capacities.
4. The potential negative impacts on the surrounding residential neighborhoods can be
minimized through adequate screening and buffering and the project's design.
PROJECT BACKGROUND
The property was annexed to the City in May 2005 and approved for Medium Density
Residential land use, allowing a maximum density of 9.68 dwelling units per acre. As per the
2
File Number: LUAR 09-001
New Urban High Ridge
concurrently approved master plan and the site plan approved in September 2005. the pro]er:'
included 174 for-sale residential units- 48 single family homes and 126 townhomes
December 2006, the property owner, New Urban High Ridge LLC, obtained a site plan t!r~
extension of 1 year for the project, At that time, the delay in securing permits was caused
utility problems and prolonged negotiations with the Palm Beach County regarding :],,
landscaping within the right-of-way of High Ridge Road - issues unrelated to the state of
residential market, which, however, softened considerably. The recent analysis of the Clt,.
residential sales indicate that the townhome market reached its peak in 2005 while the Si
family home prices peaked in 2006. By the end of 2007, as the market continued to worsen,_
developer requested a major site plan modification. The modification, approved in Decemb~')~
2007, eliminated the townhomes and proposed 110 single-family homes, reducing the tJIa
number of units by 64.
In the first half of 2008, the sales prices in the City were off from their peaks by over 400/(,
single-family homes and 27% for townhomes. The number of foreclosures has been rising~
moreover, the tightening of the credit markets escalated in the third quarter of 2.008
substantially reducing access to mortgage loans.
Given the current environment and the low likelihood for its significant improvement during at
least the next twelve months, the project as approved is not financially feasible.
GENERAL POLICY CONSIDERATIONS
The residential market boom left the City with a scarcity of industrially-zoned land. The
rezonings from industrial and commercial districts for residential uses started in the year 2000
with an approval of a residential development in the Quantum Industrial Park. Since then, some
135 acres have lost their industrial designation, not including Quantum, which retained its
Planned Industrial Development zoning designation even though a large percentage of its
acreage has been converted to uses other than industrial.
The loss of industrial land has occurred simultaneously within unincorporated Palm Beach
County and most of its other municipalities. This trend's negative impact on the local economi~s
in terms of future jobs, availability of services and tax bases has been recognized by tho?
county's Intergovernmental Plan Amendment Review Committee (IPARC) and documented in
the report produced by the IPARC-hired consultants in 2007. In addition, the consultants
created a second report, which include a zoning toolkit for modern iight industrial districts.
Michele Mellgren and Associates, Inc., provided a review of the City's M-1 zoning district 11"
2006. Likewise, the study noted the potential negative effects of the continuous overall decline
in the amount of industrial land in Boynton Beach and found the current M-1 regulations
unaccommodating to the changing market trends. The report stated: "Industrial lands are
valuable to a municipality based on benefits of stability and diversity, cost of public services and
employment resources", The general recommendation was that the City should preserve ane
expand industrial land when appropriate in order to enhance economic viability.
PROJECT ANALYSIS
The parcels which are the subject of this land use amendment total 18.44 acres; therefore, the
proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 ;= c:
File Number: LUAR 09-001
New Urban High Ridge
Following advisory board review and the City Commission public hearing, a "large-scale"
amendment is transmitted to the Florida Department of Community Affairs (DCA) for review for
compliance with the state, regional and local comprehensive plans prior to adoption. Following
the review period of approximately 60 days, DCA provides the City with a report of their
findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has
60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with
changes in response to the ORC report, or (3) determine not to adopt the amendment and
inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale
amendments may only be adopted during two amendment cycles each calendar year. This
amendment request is a part of the 1st round of amendments for the 2009 calendar year.
This proposed amendment is being reviewed for transmittal to the DCA. After transmittal and
review by the DCA, the proposed amendment will be scheduled for adoption, tentatively in May
2009.
Review Based on Criteria
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive plan
policies including but not limited to/ a prohibition against any increase in dwelling unit
density exceeding 50 in the hurricane evacuation zone without written approval of the Palm
Beach County Emergency Planning Division and the Citys risk manager. The planning
department shall also recommend limitations or requirements/ which would have to be
imposed on subsequent development of the property/ in order to comply with policies
contained in the comprehensive plan.
The proposed rezoning is generally compatible with the Comprehensive Plan policies.
Specifically, Policies 1.4.2 and 1.17.1 of the Land Use Element read:
"Areas adjacent to industrially-designated lands shall be considered for
redesignation to industrial use if adequate lot consolidation to prevent piecemeal
encroachment into adjacent neighborhoods is available provided that adequate
screening and buffering is provided. N (1.4.2)
1/ The City shall continue to attract a mix of high value industrial, commercial and
residential development that will strengthen the tax base and generate
employment opportunities for residents without affecting the Citys
neighborhoods and community character. N (1.17.1)
Given the acute shortage of developable industrial land in the City, the amendment is beneficial
as it would contribute to a much needed diversification of the economy and create employment
opportunities. It would also strengthen the tax base, and at the same time lower the future
claims on City's revenues by replacing residential use with one that generates lower demand for
City's seNices. These arguments need to be weighted against potential land use conflicts with
adjacent residential neighborhoods.
4
File Number; LUAR 09-001
New Urban High Ridge
The proposed amendment runs against the recommendations of the High Ridge Road Corrioc>
Study, published by Palm Beach County in 1997. The study has not been adopted but it 1-
intended for local governments as an informational item to be considered at the time c'
annexation and lor development approval for any of the reviewed sites. The objectives Of
study include maintaining the predominantly residential character of the area, keeping densitie:,
and housing types in new residential projects consistent with those in existing development.,
and limiting access and traffic on High Ridge Road (the subject property is iocated in
southernmost vicinity of the study, Area 3, and is referred to as Tract 8)
In terms of compatibility, the original master plan for a medium density residential development
would have constituted a better transition between residential uses to the west, north anc
northeast and the industrial uses south and south east of the property. There are c1ear!\
compatibility issues when industrial uses abut residential neighborhoods. Most M-l districts j-
the city are adjacent to and, to some degree, impact residential areas. However, ;,::
underscored in the aforementioned M-l study, light industrial and residential uses can coexist
with proper regulations in place. The intended code amendments witt implement the stUQ\
recommendations by addressing such issues as incompatibility with adequate separation
screening and buffering, and traffic impacts. For the proposed project, adequate screening and
buffering would be sought in the ultimate site plan to minimize the project's impact on adjacen:
residential neighborhoods to the west, north and north-east of subject property. Mitigation 0+
impacts through the appropriate design will also be addressed at that time.
Currently, the code includes enhanced buffer requirements for separation of potentialh,
incompatible uses and zoning districts. The minimum required landscape buffer between
industrial and residential zoning districts must be 15 feet wide (as opposed to 2 1/2 feet for i.i
standard buffer). Moreover, the code contains general exterior design guidelines for buildings
located on High Ridge Road: industrial buildings must be designed "in such a manner so as to
disguise their typical warehouse appearance" and overhead doors cannot be located or c:
building fa~ade. Staff opines that these requirements would significantly diminish the project'c
visual impacts on residential neighborhoods.
The buffering standards required between incompatible uses and zoning districts are being
revised as part of the rewrite of the Land Development Regulations and will be considerabi~
enhanced. Specifically, the draft regulations distinguish between a "buffer" and a "barrier" the
latter designed to give staff the strongest and most Aexible tool to address negative visua
impacts. The barrier will include "a continuous, solid, opaque visual screen of at least (6) feet Ii'
height comprised of a variety of densely planted trees, hedges and shrubs, in combination witt"
an optional buffer wall andlor berm". Given the time frame for the processing of the proposec
amendment, it is likely the new Land Development Regulations will be used to review the sit'"
plan for the project.
b. Whether the proposed rezoning would be contrary to the established land use pattern or
would create an isolated district unrelated to adjacent and nearby districts" or wouid
constitute a grant of special privilege to an individual property owner as contrasted with tne
protection of the public welfare.
The proposed rezoning will not be contrary to the established land use pattern, will not create
an isolated district, nor will it constitute a grant of special privilege to the owner. The propertie5,
to tho::' south and south-east of tho::' subject property have been developed for industrial uses.
File Number: LUAR 09-001
New Urban High Ridge
c. Whether changed or changing conditions make the proposed rezoning desirable.
As explained in the Background section above, there have been changes that make the
proposed land use amendment and zoning desirable. The overbuilding in the housing sector
produced a large vacant housing inventory which will likely take a long time for the market to
absorb. The population growth has been flat for the last two years (the City actually lost a small
number of residents in 2007 and 2008) and there is uncertainty regarding the future growth.
The housing boom and multiple rezonings from industrial and commercial to residential land
uses have left the city with a severe shortage of industrial land. Redesignation to industrial use
is beneficial for the City as the ongoing recession underscores the need for economic
diversification and job creation.
d. Whether the proposed use would be compatible with utility systems, roadways, and other
public facilities.
Traffic
The applicant has provided a long-term transportation analysis for the proposed amendment, as
well as the concurrency traffic impact analysis. The transportation analysis includes the analysis
of the existing conditions and traffic conditions for years 2013 and 2025. It compares potential
traffic impacts generated by the current Medium Density land use (9.68 dwelling units per acre)
with impacts that would be generated by the maximum intensity of the proposed Industrial use,
at a FAR of 0.50. The results indicate that, if the site were developed with a F.A.R. of 0.50, the
development would generate 1,274 net new daily trips, 250 net new AM Peak Hour trips, and
259 net new PM Peak Hour trips. This additional daily traffic volume on High Ridge Road
between Gateway Boulevard and Hypoluxo Road would bring the volume-to-capacity ratios on
the three High Ridge links (Gateway Boulevard to Miner Road, Miner Road to site, and site to
Hypoluxo Road) within 0.44 - 0.46 range, still below one-half of the capacity for the adopted
Level of Service D for a two-lane road. The 2025 projected daily traffic volume-to-capacity ratios
for High Ridge Road between Gateway Boulevard and Hypoluxo Road do not exceed 0.54. The
ratios indicate that, in the long run, the road would still be operating at the better level of
service "C".
For the 2013 peak hour traffic conditions, the proposed amendment would, at a maximum
F.A.R., produce volume-to-capacity ratios on High Ridge Road of about 0.85. The impacted
intersection analysis for 2013 shows that the Hypoluxo Road / High Ridge Road and Miner Road
/ High Ridge Road intersections are projected to meet standards, although the AM Peak Hour
volume for Hypoluxo Road and High Ridge Road are near capacity.
As stated, the above analysis assumes that the property would be developed at the maximum
permitted F.A.R. of 0.50. However, given the site requirements such as parking, drainage and
landscaping with the enhanced screening and buffering, the F.A.R. is likely to be in the 3.0 - 3.5
range. The industrial parcel located south of the subject property and currently developed with
two flex-space buildings has an approved F.A.R. of 0.3. For the F.A.R. of 0.35, the impacts would
be reduced by about 60% for the daily volume and 40% for the peak hours traffic. This level on
intensity would increase the daily traffic volume on the High Ridge Road by approximately 5%.
6
File Number: LUAR 09-001
New Urban High Ridge
There has been a recent reduction in traffic volume growth iates for most of tne rOadVVa\'
potentially impacted by the proposed amendment. Between 2005 and 2008, the volume or 'h,
High Ridge Road between Hypoluxo Road and Miner Road declined by gDIe.
Finally, the trip generation associated with the new amendment may also be lower if son"
employees use public transit. The Tri-Rail station is located approximately 1':: mile from the
subject site; a bus stop is located nearby on High Ridge Road.
Potable Water and Sewer
The demand for potable water and sewer will again be compared using the maximum densit\
and intensity of the existing and proposed land use.
Water Demand
Land Use i Generation Rate Total GPO
Current: MDR (9.68 dw/acre=178 d.u. 452 GJD per d.u 80,'155
~~ n,_, -~ ..--_....__._._~._--
Proposed: IndLEtrial - 401,623 sf .178 per 1000 sf 71,489
iChange -8,967
Potable Water Facilities
Water Plant Capacity* (peak day) I
I 27,000,000
I
Committe::! capacity (a:tual flow + reserved capacity, peak day)1 23,622,289
Remaining capadty I 3,377,711
SFVVMD permitte::! with::lrawals (average day) ! 21,490,000
Contracte::! amourt to p.lrchase from County i 5,000,000
Expiration date of water use permit , August 14,2010
I
*Includes 5,000,000 contracted to purchase fa- Palm Beach County
Sewer Demand
Land Use ! Generation Rate Total GPO
Current: MDR (9.68 dw/acre=178 d.u. 226 GJD per d.u I 40,228
-~--- -_..~._.- , -. ~-------_.-
Proposed: IndLEtrial - 401,623 sf 159 per 1000 sf 63,858
iChange 23,630
Sanitary Sewer Facilities
Sewer Treatment Capacity
Committe::! or allocated capacity (M:;D)
Available capacity (Mffi)
-J ^ M0D 'j
_'i
18.56
") 7") :
.:.-./.:....
Water demand for industrial uses can differ considerably among various us~s. Tne gallons-pe"
day per 1,000 square feet rates for water and sewer as utilized in the tables above assum'::
average demand for a flex space-type industrial project. A.s shown, under the maximum intensit\
assumption, the proposed amendment would result in a lower increase in daily water demanc
but increase in sewer demand would be higher. If, as discussed in the Traffic section above, tn
square footage is adjusted to a lower and more probable F.f\..R.{ the projected sewer demanc
would approximate the demand under th.::: current land IS:::, with ar"'\!e' greater oecrease'
File Number: LUAR 09-001
New Urban High Ridge
the projected water demand. Under either scenario, the City has unreserved capacity to serve
the projected raise in demands.
The demand calculations assume the average of 2.26 persons per dwelling unit, which is the
city's average household size.
Solid Waste
The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's municipalities throughout the 10-year planning period.
Drainaae
Drainage will also be reviewed in detail as part of the site plan approval process, and must
satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties/ or would affect the property values of
adjacent or nearby properties.
The proposed rezoning will be reasonably compatible with the current and future use of
adjacent and nearby properties, and should have no impact on the property values of adjacent
and nearby properties. As discussed above, potential land use conflicts would be mitigated by
application of the relevant Land Development Regulations during the site plan stage.
f. Whether the property is physically and economically developable under the existing
zoning.
There are no physical constraints to the development of the subject property under the existing
zoning, but the development would be economically unfeasible.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The proposed amendment would be beneficial to the city (see sections "a" and "c'J, and, since
it would provide employment opportunities, is also reasonably related to the needs of the
neighborhood. The amendment may be considered consistent with the ongoing shift in
paradigm in land use planning, whereby it departs from a traditional separation of uses, and
supports compact, mixed-use patterns, allowing places for people to live, work and play to be in
close proximity of one-another and thus promoting resource conservation and sustainable
communities.
Lastly, the subject lot size and the site plan regulations would not accommodate more intensive
industrial uses permitted in the M-1 district; the ultimate project would likely be similar to the
other flex-space projects in the area.
h. Whether there are adequate sites elsewhere in the city for the proposed use/ in
districts where such use is already allowed.
The City has an acute shortage of vacant industrial land. As per the vacant land inventory
submitted with the EAR-based amendments, the City has only 15 vacant industrial parcels, of
which merely 8 were 1 acre or larger in size. Not only is there little vacant land zoned M-l, but
the areas with C-4 zoning, which allows marginal commercial uses, are also scarce.
8
File Number: LUAR 09-001
New Urban High Ridge
CONCLUSIONS I RECOMMENDA nONS
The request is consistent with the relevant policies in the Comprehensive Plan that encourage
rezoning to industrial uses as well as with the ".Analysis of the fVl-1 Zoning District" repor:::
Industrial uses diversify the city's economy and create jobs. It has also been established that
the proposed amendment would not create additional impacts on infrastructure that cannot be
accommodated within existing capacities. Lastly, staff concluded that the potential negativE
impacts on the surrounding residential neighborhoods can be minimized through adequate
screening and buffering and the project's design. Therefore, staff recommends that the subject
request be approved.
ATTACHMENTS
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 20, 2009
Motion
Commissioner Ross moved to approve Proposed Ordinance No. 09-007. Commissioner Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-008 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-008. Commissioner Ross
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
c.
Project:
Agent:
OWner:
Location:
Description:
New Urban High Ridge (LUAR 09-001)
limothy L. Hernandez
New Urban High Ridge, LLC
Northwest corner of High Ridge Road and Miner Road
Request to amend the Comprehensive Plan Future Land Use Map
classification on :i:18.44 acres of land from Medium Density
Residential to Industrial; (1.st Reading Proposed Ordinance
No. 09-009)
Request to rezone from Planned Unit Development (PUD) to M-l,
Industrial. (1.st Reading Proposed Ordinance No. 09-01.0)
Ms. Matras reviewed the request to amend the land use from medium density residential to
industrial with maximum FAR of 0.5 and rezone to M-l Industrial district. The parcel includes
18.44 acres. It was annexed to the City in May, 2005 originally proposed with single family
homes and townhomes. There was modification to only single family homes. The project has
been the victim of the real estate downturn and currently not feasible. Staff recommended
approval as it met all the necessary criteria as outlined in the staff report.
limothy Hernandez, agent for the applicant was present. Vice Mayor Rodriguez inquired about
the plans for the area. Mr. Hernandez responded it would be upscale, flexible, industrial type
space similar to the industrial use to the east and south of the project.
Danny Underwood, 28 Maplewood Court, Cedar Ridge Estates, reluctantly agreed with the
request. He would have preferred a residential development. His main concern was the access
to the property at the entrance to Cedar Ridge Estates where many children wait for school
13
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 20, 2009
buses. Large trucks would be a safety concern unless another entrance was utilized. Miner
Road had a truck restriction. Mr. Underwood wanted to see a site plan with the landscaping
plans to assure the real estate values are protected. Mayor Taylor advised it would be the
Commission's responsibility to make sure it is adequately buffered and landscaped.
Chris Rapp, 3 Oakwood Court, Cedar Ridge Estates, thanked Commissioner Ross for discussing
the proposed changes with him. His research revealed the change was based on the Cit'(s
desire to have more industrial property for a greater tax base. He was aware of the Cit'(s
possible desire to consolidate the Public Works facility to the site. He was concerned with the
proximity of his property to the storage of City owned dumpsters; recycle bins, garbage cans
and trucks, other City vehicles and Public Works project stock such as drain pipes and water
pipes. There would also be a repair facility for City vehicles and offices for staff. Mr. Rapp was
also concerned with the movement of garbage trucks in the early morning hours, the odors of
garbage, pests and rodents. The City's use of the property would not generate any tax
revenue. He urged the Commission to consider other uses for the property that promote the
quality of life on High Ridge Road as it is. This unique area with hills, mango trees and a small
two lane road make it a desirable area. He suggested the industrial area extend only as far
north as the industrial property on the east side of High Ridge Road.
Mark Karageorge, 240A Main Boulevard, remarked the American Assembly made a
recommendation concerning the lack of industrial land and base. The proposed change would
double the available industrial land. It would increase the tax base at minimal cost. There is a
precedent for industrial use on High Ridge Road. Mr. Karageorge agreed with staffs
recommendation and urged the Commission to grant the request.
No one else coming forward, Mayor Taylor closed the public hearing.
Attorney Cherof read Proposed Ordinance No. 09-009 by title only on first reading.
Motion
Commissioner Ross moved to approve Proposed Ordinance 09-009. Commissioner Hay
seconded the motion. The motion passed unanimously.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-010 by title only on first reading.
14
XII. - LEGAL
DEVELOPMENT
ITEM A.8
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to Citv Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to Citv Clerk's
Office
o A ri121, 2009
o 5, 2009
o 19,2009
[gI June 2, 2009
0 June 16, 2009
0 7,2009
0 Jul 21,2009
0
0 Announcements/Presentations 0 Citv Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 18I Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this request on the June 2, 2009 City Commission Agenda under Legal,
Ordinance - Second Reading. On January 20,2009, the City Commission approved this item (including First Reading of the
Ordinance) with the corresponding Land Use Amendment which was transmitted to the Department of Community Affairs
(DCA). The State's review is completed and the ordinances have been prepared for adoption. Please note that the size of the
subject property has been reduced from ::t18.44 acres to ::t13.66 acres. The extracted portion is being left in the current land
use classification, Medium Density Residential, and is currently the subject of a rezoning and site plan application for a
charter school. An additional ::to.56 acres was conveyed to the Palm Beach County for the right-of-way for High Ridge Road.
For further details pertaining to this request, see attached Department Memorandum No. 08-093.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
New Urban High Ridge (LUAR 09-001)
Timothy L. Hernandez
New Urban High Ridge, LLC
Northwest corner of High Ridge Road and Miner Road
Request to rezone from Planned Unit Development (PUD) to M-l, Industrial.
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES:
Development De
Assistant to City Manager
~
/'
r
Planning and Zoning Director
City Attorney I Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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ORDINANCE NO. 09-
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING THE
APPLICATION OF NEW URBAN HIGH RIDGE,
AMENDING ORDINANCE 02-013 TO REZONE A
PARCEL OF LAND LOCATED ON THE
NORTHWEST CORNER OF HIGH RIDGE ROAD
AND MINER ROAD, AS MORE FlILL Y
DESCRIBED HEREIN, FROM PLANNED UNIT
DEVELOPMENT (PUD) TO M-l INDUSTRIAL
DISTRICT; PROVIDING FOR CONFLICTS,
SEVERABILITY, AND AN EFFECTIVE DATE.
15
WHEREAS, the City Commission of the City of Boynton Beach. Florida has
16
adopted Ordinance No. 02-013. in \vhich a Revised Zoning Map \vas adopted for said City:
17
and
WHEREAS, New Urban High Ridge LLC.. owner of the property located on the
northwest comer of High Ridge Road and Miner Road in Boynton Beach. Florida. as more
particularly described herein, has filed a Petition. through its agent Timothy L. Hernandez.
pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances. City of Boynton
Beach. Florida, for the purpose of rezoning a parcel of land. said land being more particularly
described hereinafter. from Planned Unit Development (PUD) to M-I Industrial District: and
WHEREAS, the City Commission conducted a public hearing and heard testimony
and received evidence which the Commission finds supports a rezoning for the property
hereinafter described: and
WHEREAS, the City Commission finds that the proposed rezoning is consistent \vith
an amendment to the Land Use which was contemporaneously considered and apprO\ed at
the public hearing heretofore referenced; and
WHEREAS, the City Commission deems it in the best interests of the inhabitants of
S \CA\UrdmancesIPlannmgIRezoning\Rezoning-New Ilrban High Ridgel2nd rcadl doc
1 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
3 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
4
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
5 herein by this reference.
6
Section 2.
The following described land located on the Northwest comer of High
7 Ridge Road and Miner Road in Boynton Beach, Florida, as set forth as follows:
8
9 See Legal Description attachw as Exhibit "A"
10
11 CONTAINING APPROX. 13.66 ACRES OF LAND.
12
13 Subject to easements, restrictions, reservations, covenants and
14 rights-of-way of record.
15
16 be and the same is hereby rezoned from Planned Unit Development (PUD) to M-l Zoning
1 7 District. A location map is attached hereto as Exhibit "B" and made a part of this Ordinance
18 by reference.
19 Section 3.
20 accordingly.
21 Section 4.
22 repealed.
23 Section 5.
That the aforesaid Revised Zoning Map of the City shall be amended
All ordinances or parts of ordinances in conflict herewith are hereby
Should any section or provision of this Ordinance or any portion thereof
24 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
25 the remainder of this Ordinance.
26 Section 6. This ordinance shall become effective immediately upon passage.
27
FIRST READING this _ day of
,2009.
S\CA\Ordinances\Planning.Rezoning\Rezoning-New Urban High Ridge(2nd read) doc
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1
SECOND. FINAL READING and PASSAGE this
2()()l!
day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor ~ Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
ATTEST:
Commissioner -. Marlene Ross
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S \CA\OrdinancesIPJanninglRezoning-Rezoning,Ncw Urban High Ridgc(2nd read) doc
EXHIBIT "A"
BALANCE OF THE HIGH RIDGE PUD RECORD PLAT
(LESS THE IMAGINE CHARTER SCHOOL AT BOYNTON BEACH)
LEGAL DESCRIPTION
All of HIGH RIDGE PUD Record Plat, as recorded in Plat Book 109, Pages 90 - 93 inclusive,
according to the Public Records of Palm Beach County, Florida, LESS the following described
parcel:
BEGIN at the Northwest comer of said "High Ridge PUD Record Plat;
Thence,North 88035' 59" East, along the North line of said Plat, a distance of 471.46 feet;
Thence South 01050' 29" West, along the East line of said Plat, a distance of 400.00 feet;
Thence North 88009' 31" West, a distance of 475.09 feet;
Thence North 01009' 29" East, along the West line of said Plat, a distance of242.76 feet;
Thence North 050 02' 00" East, along the said West line, a distance of 130.80 feet to the POINT
OF BEGINNING.
Said lands situate, lying and being in Palm Beach County, Florida, containing 183,899 square
feet (4.2217 acres), more or less.
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
Property Owner:
Applicant/ Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 08-093
Chair and Members
Planning and Development Board
Hanna Matras
Senior Planner
!
I
../
Michael W, Rumpf '-
Director of Planning and Zoning
November 101 2008
New Urban High Ridge/LUAR 09-001
Request to amend the Future Land Use Designation from
Medium Density Residential (with a maximum density of 9.68
dwelling units per acre) to Industrial (with a maximum FAR of
0.50) and rezone from Planned Unit Development (PUD) to M-j
Industrial District.
PROJECT DESCRIPTION
New Urban High Ridge LLC
New Urban High Ridge/Timothy L. Hernandez
Northwest corner of High Ridge Road and Miner Road (Exhibit
"AI')
:t18.44 acres
Medium Density Residential (MeDR, 9.68 du/ac)
PUD, Planned Unit Development
Industrial (max F.A.R. of 0.50)
M-l Industrial District
Industrial
File Number: LUAR 09-001
New Urban High Ridge
Adjacent Uses:
North:
Single family homes in unincorporated Palm Beach County,
designated LR-2 Low Density Residential (2 dujacre) and
zoned RS Single Family Residential.
South:
The right-of-way of Miner Road, then developed property
(flex space warehouse of High Ridge Commerce Center)
designated Industrial (I) and zoned M-1 Industrial; to the
southwest, undeveloped property within unincorporated Palm
Beach County designated Industrial (IND) and zoned Single
Family Residential (RS).
East:
The right-of-way of High Ridge Road, then, to the northeast,
Cedar Ridge Estates with single family homes and
townhomes (townhomes built at 8.04 dujacre), designated
Low Density Residential (LDR) and zoned Planned Unit
Development (PUD). To the southwest, Cedar Ridge and
High Ridge Commerce Park, developed properties designated
Industrial (I) and zoned Planned Industrial Development
(PID).
West:
To the west, undeveloped property (High Ridge Country
Club) designated Low Density Residential (LDR) and zoned
R1M Single Family Residential.
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The request is consistent with the relevant policies in the Compreher:Jsive Plan that
encourage rezoning to industrial uses as well as with the recommendations of the 2006
"Analysis of the M-1 Zoning District" report.
2. The proposed amendment is of great benefit to the City given the acute shortage of
industrial land. Industrial uses diversify the economy and create jobs, lessening impacts
of economic downturns.
3. The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within existing capacities.
4. The potential negative impacts on the surrounding residential neighborhoods can be
minimized through adequate screening and buffering and the project's design.
PROJECT BACKGROUND
The property was annexed to the City in May 2005 and approved for Medium Density
Residential land use, allowing a maximum density of 9.68 dwelling units per acre. As per the
2
File Number: ~UAR 09-001
New Urban High Ridge
concurrently approved master plan and the site plan approved in September 2005, the proJec
included 174 for-sale residential units - 48 single family homes anc 126 townhomes. '
December 2006, the property owner, New Urban High Ridge LLC, obtained a sit,,: plan tw'"
extension of 1 year for the project. At that time, the delay in securing permits was causec
utility problems and prolonged negotiations with the Paim Beach ':::ountv r~garding rrJ"O
landscaping within the right-of-way of High Ridge Road - issues unrelated to the state of te,,:
residential market, which, however, softened considerably. The recent analysis of the
residential sales indicate that the townhome market reached its peak in 2005, while the
family home prices peaked in 2006. By the end of 2007, as the market continued to worsen fe','
developer requested a major site plan modification. The modification, approved ill Decemb.:::~
2007, eliminated the townhomes and proposed 110 single-family homes. r,::ducing the TC1t2
number of units by 64.
In the first half of 2008, the sales prices in the City were off from their peaks by over 40010 to"
single-family homes and 27% for townhomes. The number of foreclosures has been rising.
moreover, the tightening of the credit markets escalated in the third quarter of 2008
substantially reducing access to mortgage loans.
Given the current environment and the low likelihood for its significant improvement durina at
least the next twelve months, the project as approved is not financially feasible.
GENERAL POLICY CONSIDERATIONS
The residential market boom left the City with a scarcity of industrially-zoned land. The
rezonings from industrial and commercial districts for residential uses started in the year 2000
with an approval of a residential development in the Quantum Industrial Park. Since then, some
135 acres have lost their industrial designation, not including Quantum, which retained its
Planned Industrial Development zoning designation even though a large percentage of its
acreage has been converted to uses other than industrial.
The loss of industrial land has occurred simultaneously within unincorporated Palm Beach
County and most of its other municipalities. This trend's negative impact on the local economies
in terms of future jobs, availability of services and tax bases has been recognized by the
county's Intergovernmental Plan Amendment Review Committee (IPARC) and documented in
the report produced by the IPARC-hired consultants in 2007. In addition, the consultants
created a second report, which include a zoning toolkit for modern light industrial districts.
Michele Mellgren and Associates, Inc., provided a review of the City's M-l zoning district ii',
2006. Likewise, the study noted the potential negative effects of the continuous overall decline
in the amount of industrial land in Boynton Beach and found the current M-l regulations
unaccommodating to the changing market trends. The report stated: "Industrial lands are
valuable to a municipality based on benefits of stability and diversity, cost of public services ant]
employment resources". The general recommendation was that the City should preserve anc
expand industrial land when appropriate in order to enhance economic viabilitv.
PROJECT ANALYSIS
The parcels which are the subject of this land use amendment total 18A4 acres; therefore! the
proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F:~
File Number: LUAR 09-001
New Urban High Ridge
Following advisory board review and the City Commission public hearing, a "large-scale"
amendment is transmitted to the Florida Department of Community Affairs (DCA) for review for
compliance with the state, regional and local comprehensive plans prior to adoption. Following
the review period of approximately 60 days, DCA provides the City with a report of their
findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has
60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with
changes in response to the ORC report, or (3) determine not to adopt the amendment and
inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale
amendments may only be adopted during two amendment cycles each calendar year. This
amendment request is a part of the 1st round of amendments for the 2009 calendar year.
This proposed amendment is being reviewed for transmittal to the DCA. After transmittal and
review by the DCA, the proposed amendment will be scheduled for adoption, tentatively in May
2009.
Review Based on Criteria
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive plan
policies including but not limited to, a prohibition against any increase in dwelling unit
density exceeding 50 in the hurricane evacuation zone without written approval of the Palm
Beach County Emergency Planning Division and the Citys risk manager. The planning
department shall also recommend limitations or requirements, which would have to be
imposed on subsequent development of the property, in order to comply with policies
contained in the comprehensive plan.
The proposed rezoning is generally compatible with the Comprehensive Plan policies.
Specifically, Policies 1.4.2 and 1.17.1 of the Land Use Element read:
"Areas adjacent to industrially-designated lands shall be considered for
redesignation to industrial use if adequate lot consoltdation to prevent piecemeal
encroachment into adjacent neighborhoods is available prOVIded that adequate
screening and buffering is provided. "(1.4.2)
1/ The City shall continue to attract a mix of high value industrial, commercial and
residential development that will strengthen the tax base and generate
employment opportunities for residents without affecting the Citys
neighborhoods and community character. 1/ (1.17.1)
Given the acute shortage of developable industria! land in the City, the amendment is beneficial
as it would contribute to a much needed diversification of the economy and create employment
opportunities. It would also strengthen the tax base, and at the same time lower the future
claims on City's revenues by replacing residential use with one that generates lower demand for
City's services. These arguments need to be weighted against potential land use conflicts with
adjacent residential neighborhoods.
4
File Number: LUAR 09-001
New Urban High Ridge
The proposed amendment runs against the recommendations of the High Ridge Road Corridor
Study, published by Palm Beach County in 1997. The study has not been adopted but it ':
intended for local governments as an informational item to be considered at the time
annexation and lor development approval for any of the reviewed sites. The objectives of th':
study include maintaining the predominantly residential character of the area, keeping densities
and housing types in new residential projects consistent with those in existing developments
and limiting access and traffic on High Ridge Road (the subject property is iocated in
southernmost vicinity of the study, Area 3, and is referred to as Tract B':.
In terms of compatibility, the original master plan for a medium density residential development
would have constituted a better transition between residential uses to the west, north ant
northeast and the industrial uses south and south east of the property. There are clearly
compatibility issues when industrial uses abut residential neighborhoods. Most M-1 districts ir
the city are adjacent to and, to some degree, impact residential areas. However, 25
underscored in the aforementioned M-1 study, light industrial and residential uses can coexist
with proper regulations in place. The intended code amendments will implement the stud\
recommendations by addressing such issues as incompatibility with adequate separation
screening and buffering, and traffic impacts. For the proposed project, adequate screening anc
buffering would be sought in the ultimate site plan to minimize the project's impact on adjacem
residential neighborhoods to the west, north and north-east of subject property. Mitigation of
impacts through the appropriate design will also be addressed at that time.
Currently, the code includes enhanced buffer requirements for separation of potentiallv
incompatible uses and zoning districts. The minimum required landscape buffer betweer'
industrial and residential zoning districts must be 15 feet wide (as opposed to 2 '12 feet for- a
standard buffer). Moreover, the code contains general exterior design guidelines for buildings
located on High Ridge Road: industrial buildings must be designed "in such a manner so as tc
disguise their typical warehouse appearance" and overhead doors cannot be located on a
building fas:ade. Staff opines that these requirements would significantly diminish the project c:
visual impacts on residential neighborhoods.
The buffering standards required between incompatible uses and zoning districts are beinQ
revised as part of the rewrite of the Land Development Regulations and will be considerablv
enhanced. Specifically, the draft regulations distinguish between a "buffer" and a "barrier",
latter designed to give staff the strongest and most flexible tool to address negative vrsuai
impacts. The barrier will include "a continuous, solid, opaque visual screen of at least (6) feet jr\
height comprised of a variety of densely planted trees, hedges and shrubs, in combination witt
an optional buffer wall and/or berm". Given the time frame for the processing of the proposeo
amendment, it is likely the new Land Development Regulations will be used to review the site
plan for the project.
b. Whether the proposed rezoning would be contrary to the established land use pattern, 0:
would create an isolated district unrelated to adjacent and nearby districts, or wouid
constitute a grant of special privilege to an individual property mvner 3S contrasted vvith the
protection of the public welfare.
The proposed rezoning will not be contrary to the established land use pattern, will not creat":
an isolated district, nor will it constitute a grant of special privilege to the owner. The properties
to th:: south and south-east of the subject property have been developed for industrial uses.
File Number: LUAR 09-001
New Urban High Ridge
c. Whether changed or changing conditions make the proposed rezoning desirable.
As explained in the Background section above, there have been changes that make the
proposed land use amendment and zoning desirable. The overbuilding in the housing sector
produced a large vacant housing inventory which will likely take a long time for the market to
absorb. The population growth has been flat for the last two years (the City actually lost a small
number of residents in 2007 and 2008) and there is uncertainty regarding the future growth.
The housing boom and multiple rezonings from industrial and commercial to residential land
uses have left the city with a severe shortage of industrial land. Redesignation to industrial use
is beneficial for the City as the ongoing recession underscores the need for economic
diversification and job creation.
d. Whether the proposed use would be compatible with utility systems, roadways, and other
public facilities.
Traffic
The applicant has provided a long-term transportation analysis for the proposed amendment, as
well as the concurrency traffic impact analysis. The transportation analysis includes the analysis
of the existing conditions and traffic conditions for years 2013 and 2025. It compares potential
traffic impacts generated by the current Medium Density land use (9.68 dwelling units per acre)
with impacts that would be generated by the maximum intensity of the proposed Industrial use,
at a FAR of 0.50. The results indicate that, if the site were developed with a F.A.R. of 0.50, the
development would generate 1,274 net new daily trips, 250 net new AM Peak Hour trips, and
259 net new PM Peak Hour trips. This additional daily traffic volume on High Ridge Road
between Gateway Boulevard and Hypoluxo Road would bring the volume-to-capacity ratios on
the three High Ridge links (Gateway Boulevard to Miner Road, Miner Road to site, and site to
Hypoluxo Road) within 0.44 - 0.46 range, still below one-half of the capacity for the adopted
Level of Service 0 for a two-lane road. The 2025 projected daily traffic volume-to-capacity ratios
for High Ridge Road between Gateway Boulevard and Hypoluxo Road do not exceed 0.54. The
ratios indicate that, in the long run, the road would still be operating at the better level of
service "CIT.
For the 2013 peak hour traffic conditions, the proposed amendment would, at a maximum
F.A.R., produce volume-to-capacity ratios on High Ridge Road of about 0.85. The impacted
intersection analysis for 2013 shows that the Hypoluxo Road / High Ridge Road and Miner Road
/ High Ridge Road intersections are projected to meet standards, although the AM Peak Hour
volume for Hypoluxo Road and High Ridge Road are near capacity.
As stated, the above analysis assumes that the property would be developed at the maximum
permitted F.A.R. of 0.50. However, given the site requirements such as parking, drainage and
landscaping with the enhanced screening and buffering, the F.A.R. is likely to be in the 3.0 - 3.5
range. The industrial parcel located south of the subject property and currently developed with
two flex-space buildings has an approved F.A.R. of 0.3. For the F.A.R. of 0.35, the impacts would
be reduced by about 60% for the daily volume and 40% for the peak hours traffic. This level on
intensity would increase the daily traffic volume on the High Ridge Road by approximately 5%.
6
File Number: LUAR 09-001
New Urban High Ridge
There has been a recent reduction in traffic volum~ growth rates for most of the roadway~
potentially impacted by the proposed amendment. Between 2005 and 2008, the volume on ~i-]p
High Ridge Road between Hypoluxo Road and fVliner Road declined by gu/o.
Finally, the trip generation associated with the new amendment may also be lower if sam':'
employees use public transit. The Tri-Rail station is located approximately 1:: mile from tnc"
subject site; a bus stop is located nearby on High Ridge Road.
Potable Water and Sewer
The demand for potable water and sewer will again be compared using the maximum densit\
and intensity of the existing and proposed land use.
Water Demand
Land Use iGeneration Rate Total GPO
Current: MDR (9.68 dwjacre=178~.u. !452 G'D per d.u 80,456
-.. --------- ----. - -.---...-------
Proposed: IndLEitrial - 401,62.3 sf i 178 Pff 10m sf 71,4891
i Cha nge -8,967
Potable Water Fadl ities
Watff Plant Capacity* (peak day) : 27,000,000
Committe:J capa:::ity (a:tual flow + reserved capacity, peak day)1 2.3,622,289
Remaining capadty ! 3,377,711
SFWVlD pffmitte:J with:lrawals (average day) i 21,490,000
Contracte:J amourt to p..lrchase from County ! 5,000,000
Expiration date of water use permit I August 14,2.010
*Includes 5,000,000 contracte::! to purchase for Palm Beach County
Sewer Demand
Land Use iGeneration Rate Total GPO
Current: MDR (9.68 dwjacre=178 d.u. 1226 G'D pffd.u 1 40,:2.28,
------------- " ------ -
Proposed: IndLEitrial - 401,62.3 sf 159 Pff 10m sf 63,858
iChange 23,630
Sanitary Sewer Facilities
Sewer Treatment Capacity
Committe:J or allocate::! cap:lcity (IVGD)
Available capacity (Mm)
:24 MGD ,
18.56
2.72 I
J
Water demand for industrial uses can differ considerably among various uses. The gallons-pe!"
day per 1,000 square feet rates for water and sewer as utilized in the tables above i'l55Umr~
average demand for a flex space-type industrial project. As shown, under the maximum intenslt',
assumption, the proposed amendment would result in a lower increase in dailv water demanc
but increase in sewer demand would be higher. If, as discussed in the Traffic section above:.:,
square footage is adjusted to a lower and more probable F.A.P.., the projected seW':=:r derr,anc
would approximate the demand under the curre:nt land us",:, with an evc:r gr.:::ate" o::creas'~
File Number: LUAR 09-001
New Urban High Ridge
the projected water demand. Under either scenario, the City has unreserved capacity to serve
the projected raise in demands.
The demand calculations assume the average of 2.26 persons per dwelling unit, which is the
city's average household size.
Solid Waste
The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's municipalities throughout the 10-year planning period.
DrainaQe
Drainage will also be reviewed in detail as part of the site plan approval process, and must
satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
The proposed rezoning will be reasonably compatible with the current and future use of
adjacent and nearby properties, and should have no impact on the property values of adjacent
and nearby properties. As discussed above, potential land use conflicts would be mitigated by
application of the relevant Land Development Regulations during the site plan stage.
f. Whether the property is physically and economically developable under the existing
zoning.
There are no physical constraints to the development of the subject property under the existing
zoning, but the development would be economically unfeasible.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The proposed amendment would be beneficial to the city (see sections "a" and "c''), and, since
it would provide employment opportunities, is also reasonably related to the needs of the
neighborhood. The amendment may be considered consistent with the ongoing shift in
paradigm in land use planning, whereby it departs from a traditional separation of uses, and
supports compact, mixed-use patterns, allowing places for people to live, work and play to be in
close proximity of one-another and thus promoting resource conservation and sustainable
communities.
Lastly, the subject lot size and the site plan regulations would not accommodate more intensive
industrial uses permitted in the M-l district; the ultimate project would likely be similar to the
other flex-space projects in the area.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
The City has an acute shortage of vacant industrial land. As per the vacant land inventory
submitted with the EAR-based amendments, the City has only 15 vacant industrial parcels, of
which merely 8 were 1 acre or larger in size. Not only is there little vacant land zoned M-l, but
the areas with C-4 zoning, which allows marginal commercial uses, are also scarce.
8
File Number: LUAR 09-001
New Urban High Ridge
CONCLUSIONS/ RECOMM ENDA nONS
The request is consistent with the relevant policies in the Comprehensive Plan that encourage
rezoning to industrial uses as well as with the "Analysis of the !Vj-1 Zoning District" report.
Industrial uses diversify the city's economy and create jobs. It has also been established that
the proposed amendment would not create additional impacts on infrastructure that cannot be
accommodated within existing capacities. Lastly, staff concluded that the potential negativ,,:
impacts on the surrounding residential neighborhoods can be minimized through adequate
screening and buffering and the project's design. Therefore, staff recommends that the subject
request be approved.
ATTACHMENTS
S:\Planmng\SHAREDIWP\PROJECTS\Hlgh Ridge' New Uroan Communlt,eslLUAR Og'OOl\ST AFF REPORT Hlgt, Ridge lna.doc
NEW URBAN HIGH RIDGE
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 20, 2009
Motion
Commissioner Ross moved to approve Proposed Ordinance No. 09-007. Commissioner Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-008 by title only on first reading.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-008. Commissioner Ross
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
c.
Project:
Agent:
Owner:
Location:
Description:
New Urban High Ridge (LUAR 09-001)
Timothy L. Hernandez
New Urban High Ridge, LLC
Northwest corner of High Ridge Road and Miner Road
Request to amend the Comprehensive Plan Future Land Use Map
classification on :%:18.44 acres of land from Medium Density
Residential to Industrial; (1st Reading Proposed Ordinance
No. 09-009)
Request to rezone from Planned Unit Development (PUD) to M-l,
Industrial. (1st Reading Proposed Ordinance No. 09-010)
Ms. Matras reviewed the request to amend the land use from medium density residential to
industrial with maximum FAR of 0.5 and rezone to M-l Industrial district. The parcel includes
18.44 acres. It was annexed to the City in May, 2005 originally proposed with single family
homes and townhomes. There was modification to only single family homes. The project has
been the victim of the real estate downturn and currently not feasible. Staff recommended
approval as it met all the necessary criteria as outlined in the staff report.
Timothy Hernandez, agent for the applicant was present. Vice Mayor Rodriguez inquired about
the plans for the area. Mr. Hernandez responded it would be upscale, flexible, industrial type
space similar to the industrial use to the east and south of the project.
Danny Underwood, 28 Maplewood Court, Cedar Ridge Estates, reluctantly agreed with the
request. He would have preferred a residential development. His main concern was the access
to the property at the entrance to Cedar Ridge Estates where many children wait for school
13
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 20, 2009
buses. Large trucks would be a safety concern unless another entrance was utilized. Miner
Road had a truck restriction. Mr. Underwood wanted to see a site plan with the landscaping
plans to assure the real estate values are protected. Mayor Taylor advised it would be the
Commission's responsibility to make sure it is adequately buffered and landscaped.
Chris Rapp, 3 Oakwood Court, Cedar Ridge Estates, thanked Commissioner Ross for discussing
the proposed changes with him. His research revealed the change was based on the City's
desire to have more industrial property for a greater tax base. He was aware of the City's
possible desire to consolidate the Public Works facility to the site. He was concerned with the
proximity of his property to the storage of City owned dumpsters; recycle bins, garbage cans
and trucks, other City vehicles and Public Works project stock such as drain pipes and water
pipes. There would also be a repair facility for City vehicles and offices for staff. Mr. Rapp was
also concerned with the movement of garbage trucks in the early morning hours, the odors of
garbage, pests and rodents. The City's use of the property would not generate any tax
revenue. He urged the Commission to consider other uses for the property that promote the
quality of life on High Ridge Road as it is. This unique area with hills, mango trees and a small
two lane road make it a desirable area. He suggested the industrial area extend only as far
north as the industrial property on the east side of High Ridge Road.
Mark Karageorge, 240A Main Boulevard, remarked the American Assembly made a
recommendation concerning the lack of industrial land and base. The proposed change would
double the available industrial land. It would increase the tax base at minimal cost. There is a
precedent for industrial use on High Ridge Road. Mr. Karageorge agreed with staff's
recommendation and urged the Commission to grant the request.
No one else coming forward, Mayor Taylor closed the public hearing.
Attorney Cherof read Proposed Ordinance No. 09-009 by title only on first reading.
Motion
Commissioner Ross moved to approve Proposed Ordinance 09-009. Commissioner Hay
seconded the motion. The motion passed unanimously.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
Attorney Cherof read Proposed Ordinance No. 09-010 by title only on first reading.
14
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 20, 2009
Motion
Commissioner Hay moved to approve Proposed Ordinance 09-010. Commissioner Ross
seconded the motion. The motion passed unanimously.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
D.
Project:
Agent:
Owner:
Location:
Description:
Habitat for Humanity (ABAN 09-001)
Peter Blacklock of Ruden, McClosky
City of Boynton Beach
West of the FEC Railroad right-of-way, north of NE 11th Avenue
Request for abandonment of an unimproved portion of Railroad
Avenue approximately 15 feet wide and 45 feet long, located west
of the FEC Railroad right-of-way and approximately 50 feet south
of NE 12th Avenue, in connection with the plan to build infill
single-family housing. (1st Reading Proposed Ordinance No.
09-011)
Attorney Cherof read Proposed Ordinance No. 09-011 by title only on first reading.
Kathleen Zeitler, Planner, reviewed the request and noted when staff reviewed the request it
was determined that Railroad Avenue fell within the FEC Railroad right-of-way. A map was
received from the FEC Railroad that confirmed staff's determination. The City would only be
abandoning their interest in the subject property with access from a road right-of-way from NE
11 th Avenue. The applicant agreed to proceed with the request because the additional property
was needed for the proposed development. Staff recommended approval.
Motion
Commissioner Weiland moved to approve Proposed Ordinance No. 09-011. Commissioner Hay
seconded the motion.
~
City Clerk Prainito called the roll. The vote was 5-0.
E.
Project:
Agent:
Owner:
Location:
Description:
Harbor Cay (SPTE 08-007)
Sid E. von Rospeunt
Harbor Cay, LLC
East side of North Federal Highway, appiOximately 160 feet north
of Gateway Blvd.
Request for a second one (1) year time extension of the site plan
(NWSP 06-011) approved on May 2, 2006, thereby further
15
XII. - LEGAL - 1st Reading
ITEM C.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to Citv Clerk's
Dates Office Office
D April 21, 2009 April 6, 2009 (Noon) D June 16, 2009 June 1,2009 (Noon)
D May 5,2009 April 20, 2009 (Noon) D
D May 19, 2009 Mav 4, 2009 (Noon) D
[8J June 2, 2009 May 18, 2009 (Noon) D
D Announcements/Presentati ons D City Manager's Report
NATURE OF D Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [8J Legal
D Code Compliance & Legal Settlements 0 Unfinished Business
D Public Hearing 0
RECOMMENDATION:
Motion to amend Code of Ordinances, Chapter 13, Business Tax, Sec. 13-4, Classification and Fee Schedule to
provide for a 5 percent increase in business tax receipts.
EXPLANATION:
The last time the Business Tax fees were modified was June 20,2006, by Ordinance 06-49. Pursuant to Florida
State Statute, 205.0535, the governing body of a municipality may, every other year, increase by ordinance the
rates of local business tax receipts by up to 5 percent. The typical increase per business or employee is between 4
dollars and 15 dollars, and a few examples of the increase per selected business type are as follows: veterinarian,
$9.82; landscaper, $4.39; AC or roofing contractor, $12.23; manufacturing, $14.70 (for an operation having
between 6 and 10 employees); restaurant, 17 cents/seat and $4.88 minimum; bar, $24.47; retail store, 1st $5,000
in value - $4.88 (for every $1,000 increment - 26 cents); apartment building, 18 cents/room; nail salons and barber
shops, $3.68/ 1st table/chair and $1.00/ each additional table/chair; and physician, dentist, engineer, architect,
accountant, etc., $9.82. The cumulative increase in annual businesses tax receipts is estimated to be $62,000.
PROGRAM IMPACT:
None
FISCAL IMP ACT:
FY 09/10 projected Business Tax revenues are estimated at $1,241,419. A 5 percent increase in Business Tax
fees would result in an estimated additional $62,000 in revenue to the General Fund. _ ~~G- ~ '?-Q 0'0
ALTERNATIVES: Q., *r ~\"i'W~\~c;.Ii;./\. c\e.cl\~
Do not increase t ~. /) -\-c ~~~-:w
~~~
Deve City Manager's Signature
Assistant to City Manager r!.J1rt/
Planning and Zo
S:\Occupational\Agenda Ite
Director City Attorney / Finance
\Business Tax fee increase agenda item June 6 09 (3).doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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,1 -' I
ORDINANCE NO. 09
"')
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 13 OF THE CODE OF
ORDINANCES, SECTION 13-4 BY PROVIDING FOR A
5% INCREASE IN THE BUSINESS TAX FEE
SCHEDULE; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission for the City of Boynton Beach desires to increase tht:
business tax receipt fees for all business operating within the City of Boynton Beach: and
WHEREAS, pursuant to Section 205.0535(4). Florida Statutes. the City Commission lS
authorized to increase the business tax receipt fees up to 5% every other year: and
WHEREAS, the City Commission finds it is in the best interest of the health. safety. and
welfare of the public to increase the business tax receipt fees for businesses in the Cit\' 01
Boynton Beach.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, THAT:
Section 1. The foregoing "Whereas" clauses are true and correct and incorporated
herein by this reference.
Section 2. That Chapter 13. "Licenses." Article L "Business Tax Receipts." Section
13-4. entitled "Classification and fee schedule" of the City of Boynton Beach (ode o!
Ordinances. be. and the same is hereby amended in its entirety to read as follows:
Sec. 13-4 Classification and fee schedule.
The City Commission establishes classifications for businesses or groups of business and
business tax receipt taxes therefore as set forth below.
Business Tax Receipt Tax Rate Structure Standard Industrial Classification Businesses.
Professions. Occupations
34 (* - See note. end of schedule: NEe - See note. end of schedule)
1 The businesses, professions and occupations subject to the provisions of Chapter 13, the
2 business tax receipt taxes imposed and levied, the Standard Industrial Classifications assigned,
3 and other requirements pertaining thereto are as follows:
4 SIC Description Fee
5 0742 Veterinarian* 196.35
206.17
6 0752 Animal Specialty Service ~ 92.61
7 0781 Landscape Architect* 196.35 206.17
8 0782 Lawn & Garden Service 1 ~7.00 154.35
9 0783 Tree Trimming 117.00
154.35
10 1520 Contractor - Residential 211.65
256.88
11 1530 Contractor-Building 211.65
256.88
12 1540 Contractor - General 211.65
256.88
13 1611 Contractor - Paving 211.65
256.88
14 1620 Contractor - Heavy Construction 211.65 256.88
15 1623 Contractor - TV Antenna & Tower 211.65 256.88
16 1624 Contractor - Underground Utilities (Ref. 1623) 211.65 256.88
17 1625 Contractor-Concrete (Ref 1771) 211.65
256.88
18 1626 Contractor - Marine (Ref 1629) 211.65 256.88
19 1629 Contractor-TennisCourt 211.65 256.88
20 1700 Miscellaneous Specialty ~ 92.61
21
1701 Asphalt Sealing & Coating (Ref 1799) ~
92.61
22 1702 Landscaping (Ref. 0782) ~ 92.61
23
1703 Lathing (Ref. 1742) ~
92.61
24 1704 Residential Gutter & Downspout Installation (Ref. 1761) ~ 92.61
S:\CA\Ordinances\OL License Fee Revision Ordinance (2009).doc
2
10
11
12
13
14
15
1713 Contractor - Mechanical (Ref 1711) 211.65 256.88
1714 Contractor - Fire Sprinkler (Ref. 1711) 2 11.65 256.88
1715 Contractor - Refrigeration (Ref. 1711) 211.65 256.88
1716 Contractor - Room Air Conditioning (Ref. 1711) 211.65 256.88
1705 Striping (Ref. 1721) ~ 92.61
') 1706 Vinyl Clad Metal Shelving (Ref 1799) ~ 92.6 J
"l
,)
1707 Mirror/Shower Door lnstallation (Ref. 1799) ~
92.61
256.88
256.88
256.88
16 1733 Contractor - Burglar & Fire Alarm (Ref 1731) 211.65 256.88
17
18
19
20
21
')"1
4
1710 Contractor -lrrigation Sprinkler (Ref 1711) 211.65
5
1711 Contractor - Plumbing )11.65
256.88
6
1712 Contractor - Air Conditioning (Ref. 1711) 211.65
7
8
9
1717 Contractor - Septic Tank (Ref. J 711 ). 2 /11.65
256.88
1718 Contractor - Solar Water Heating (Ref. 1711) 211.65
1721 Contractor - Painting 211.65
256.88
J 731 Contractor - Electrical 211.65
256.88
1732 Contractor - Communication & Sound (Ref 1731) 211.65
J 734 Contractor - Sign - Electrical (Ref 1731) 211.65
1741 Contractor - Masonry 211.65
256.88
1742 Contractor - Plastering 21'1.65
256.88
1743 Contractor - Tile, Terrazzo, & Marble 2/11.65
256.88
1744 Contractor - Drywall (Ref. 1742) 211.65
256.88
1745 Contractor - Insulation (Ref. 1742) 211.65
256.88
23 1746 Contractor - Acoustical Tile (Ref. 1742) 211.65 256.88
S,CA\Ordinances\OL License Fee Revision Ordinance (200<)) doc
.,
-'
256.88
256.88
2
3
4
5
1750 Contractor - Window (Ref. 1751) 211.65 256.88
1751 Carpentry & Cabinet Installation ~ 92.61
1752 Contractor - Flooring, NEC ~ 92.61
1753 Contractor - Door (Ref. 1751) 211.65 256.88
1754 Contractor - Garage Door (Ref. 1 751 ) 211.65 256.88
6 1761 Contractor - Roofing 211.65
256.88
7 1762 Contractor - Roof Deck (Ref. 1761) 21 1.65
8 1763 Contractor - Sheet Metal (Ref. 1761) 211.65
9 1772 Contractor - Gunite (Ref. 1771) 211.65
10 1781 Contractor-WellDriller 211.65256.88
256.88
256.88
256.88
11
1791 Contractor - Reinforcing, Iron & Steel 211.65
256.88
12 1793 Contractor-Glass&Glazing 211.65
256.88
13
1794 Excavation/Grading ~
92.61
14 1795 Contractor - Demolition 211.65 256.88
15 1796 Contractor - Elevator 211.65 256.88
161 1797 Contractor - Sign - Nonelectrical (Ref. 1799) 211.65
17 1799 Contractor - Miscellaneous Special Trade 211.65
256.88
256.88
18 1800 Contractor - Aluminum Specialty (Ref. 1799) 211.65 256.88
19 1801 Contractor-Awnings (Ref. 1799) 211.65
256.88
20 1802 Contractor - Boilers and Pressure Piping (Ref. 1799) 211.65
256.88
21 1803 Contractor - Fence Erection (Ref. 1799) 211.65 256.88
22 1804 Contractor - Liquified Petroleum Gas (Ref. 1799) 211.65 256.88
23 1805 Contractor - Ornamental Iron (Ref. 1799) 211.65 256.88
S:\CA\Ordinances\OL License Fee Revision Ordinance (2009) doc
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II
,
I
i
21
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- i
41
I
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51
I
I
61
I
i
71
i
81
I
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91
10\
I
I
11 I
I
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171
~I
131
,
I
141
I
151
I
1611
I
171
!
181
I
191
1806
1807
1808
1809
2024
2099
2299
2389
2392
2396
2399
2431
Contractor - Pollutant Storage Systems (Ref ] 7(9)
Contractor - Pool/Spa (Ref. 1799) 211.65
256.88
Contractor - Pool/Spa Service (Ref. 1799) 211.65
Miscellaneous Contractor (Ref. 1799) 2-11.65
256.88
Manufacturer - Frozen Desserts
Number of workers fee schedule:
Not exceeding 2 persons 108.15
113.56
Not exceeding 4 persons 181.65
1 90.73
Not exceeding 6 persons 211.65
256.88
More than 6, not exceeding 10 persons 291.00
More than 10. not exceeding 20 persons 367.50
More than 20 persons 551.25
578.81
Manufacturer - Food Preparation See 2024
Manufacturer - Textile Goods See 2024
Manufacturer - Apparel and Accessories See 2024
Manufacturer - Slipcovers ~ Y2.61
Manufacturer - Fabricated Trimmings See 2024
Manufacturer - Fabricated Textile Products See 2024
Manufacturer - Millwork See 2024
20 2434 Manufacturer - Cabinetry See 2014
21 2439 Manufacturer - Structural Members See 2024
2211
231
I
I
I
2511 Manufacturer - Wood Furniture See 2024
2512 Manufactured - Wood Furniture. Upholstered
See 2024
S.\CA\Ordmanccs\OL License Fee ReVision Urdinance 1200'J) doc
5
:2 11.65
256.88
308.70
385.88
.~56.S8
2
3
4
5
6
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14
15
16
17
18
19
20
21
22
23
2515
2591
2671
2711
2759
2834
2842
2844
2899
3083
3089
3231
3271
3272
3281
3354
3442
3446
3479
3499
3542
3559
3569
Manufacturer - Mattresses See 2024
Manufacturer - Window Coverings See 2024
Manufacturer - Plastic Packaging See 2024
Manufacturer - Newspaper Publishing/Printing See 2024
Manufacturer - Commercial Printing See 2024
Manufacturer - Pharmaceutical Preparations See 2024
Manufacturer - Cleaning Preparations See 2024
Manufacturer - Cosmetic Preparations See 2024
Manufacturer - Chemical Preparations See 2024
Manufacturer - Plastic Sheets/Rods See 2024
Manufacturer - Plastic Products, NEC See 2024
Manufacturer - Glass Products See 2024
Manufacturer - Concrete Block/Brick See 2024
Manufacturer - Concrete Products See 2024
Manufacturer - Stone Products See 2024
Manufacturer - Aluminum Extruded Products See 2024
Manufacturer - Metal Products See 2024
Manufacturer - Ornamental Metal Products See 2024
Manufacturer - Coating Application See 2024
Manufacturer - Fabricated Metal Accessories See 2024
Manufacturer - Machinery/Equipment See 2024
Manufacturer - Special Industry Machinery See 2024
Manufacturer - General Industrial Machinery See 2024
S:ICAIOrdinanceslOL License Fee Revision Ordinance (2009) doc
6
i I
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1 f
1 II
3571
i
') I 3599
i
3 I 3629
4 I 3663
I,
511 3679
Manufacturer - Computers See 2024
Manufacturer - Machine Shop See 2024
Manufacturer - Electrical Industrial Products See 2024
Manufacturer - Communications Equipment See 2024
Manufacturer - Electronic Components See 2024
6 3728 Manufacturer - Aircraft Parts See 2024
7 3861 Manufacturer - Photographic Equipment Processing See 2024
8 3911 Manufacturer - Jewelry See 2024
9 3942 Manufacturer - Dolls See 2024
10 3949 Manufacturer - Sporting Goods See 2024
11 3993 Manufacturer - Advertising Specialties See 2024
12 3999 Manufacturer - Miscellaneous. NEC See 2024
13
4013 Railroad Company 196.35
206.17
14 4118
15
Ambulance Service (Ref. 4119) 9-+-fB- plus
102.53
~ 35.28 per vehicle
16 4119 Transportation Service. NEe ~ 102.53 plus
17
181 4121
19
20 4131
21
~ 35.28 per vehicle
Taxi/Limousine Service ~ 102.53 plus
~ 35.28 per vehicle
Bus Service ~ 102.53 plus
~ 35.28 per vehicle
22 4173 Bus Service/Depot ~ 102.53
23 4210 Trucking Service ~ 77.18 per vehicle
S ,CA\Ordmances\OL License Fee Revision Urdinance (20091 doc
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3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
4222
4225
4493
4498
4522
4724
4725
4731
4780
4783
4813
4822
4841
4899
4924
4925
5099
Cold Storage, per square foot
Warehouse, per square footage fee schedule:
5,000 square feet or fraction thereof 220.50
Each additional 5,000 square feet ~
231.53
22.05
Warehouse - Storage, per square foot See 4222
Marina ~ 92.61
Marine Detailing (Ref. 4499) ~ 92.61
Air Transportation, Nonscheduled ~ 92.61
Travel Bureau* 117.00 154.35
Tour Operator ~ 92.61
Freight Forwarding Service 117.00 154.35
Packing & Crating 117.00 154.35
Express Company 291.00 308.70
Telephone Communications 291.00 308.70
Telegraph & Other Communications ~ 92.61
Television Services 117.00 154.35
Communication Services, NEC ~ 92.61
Natural Gas Distribution 291.00 308.70
Liquified Petroleum Gas Distribution 291.00 308.70
Merchant - Wholesale, per inventory
Wholesale, per inventory fee schedule:
Not exceeding $5,000 211.65 256.88
More than $5,000, not exceeding $25,000 312.30
S:\CA\Ordinances\OL License Fee Revision Ordinance (2009).doc
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359.42
10
11
1 I
I
71
- ,
31
41
- I
)
More than $25.000. nol exceeding $100.000189.30
More than $100.000. not exceeding $500.000 735.00
More than $500.000 880.95
925.00
5197
Advertising Specialties Sales (Ref. 5199) 8-&2-G- 92.61
5211
Lumber Company. per inventory See 5399
6 5261 Nursery: Trees/Plants. per inventory See 539Y
7 5399 Merchant - Retail. per inventory
81 Retail, per inventory fee schedule:
9
Not exceeding $5.000 9+--:M
102.53
More than $5.000. for each additional $1.000
or fraction thereof ~ 5.41
12 5411 Grocery. per inventory See 5399
13 5421 Market - Meat/Fish/Poultry. per inventory See 5399
14 5461 Bakery 117.00
154.35
15
5511 Automobile Dealer* 196.35
206.17
16 5531 Auto Parts, per inventory See 5399
17 5541 Gas Station 117.00
154.35
18 5699 Dressmaking Shop ~ 61.74
19 5719 Blinds,Shades,Drapery 117.00 154.35
20 5810 lee Cream Parlor ~ 61.74
211
221
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5811 Caterer 1'17.00
154.35
5812 Restaurant ~ 3.58 per seat.
~ 102.53 minimum
S \CA\Urdmances\OL LIcense Fee RevisIon Ordinance 120091 doc
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.;; 13 '7~
77175
1 5813 Drinking Places ~89.30 513.77
2 5912 Pharmacy, per inventory See 5399
3 5930 Antique Shop 117.00
154.35
4
5
6
Antique stores and auction houses, selling only objects
of value such as quality restored antiques, art objects,
jewelry, and the like, but not used merchandise generally.
7 5932 Used Merchandise Stores 117.00 154.35
8 5933 Pawnbroker 656.25 689.06
9 5944 Jewelry Shop, per inventory See 5399
10 5945 Handicraft Shop, per inventory See 5399
11 5961 Mail Order/Catalog ~ 92.61
12 5962 Vending Machine - Coin-Operated
13 (a) Amusement Vending Machines:
14
Each operator 196.88
206.73
15
In addition, for each machine ~
27.56
16 (b) Service Vending Machines:
17
Each operator ~
68.91
18
In addition, for each machine ~
27.56
19 (c) Merchandise Vending Machines:
20
Each operator ~
68.91
21
In addition, for each machine as follows:
22
Requiring deposit under .35 ~
27.56
23
Requiring deposit over .35 ~ 41.35
S ICAIOrdinanceslOL License Fee Revision Ordinance (2009).doc
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1 (Coin-operated Auto Wash and Laundry Machines are addressed separately, under SI\..
') 7543 and SIC 7215. respectively). The following coin-operated machines are exempt In
3 license business tax receipt requirements:
411 Cigarette vending machines (F.S. 210.03)
i I
l i
511 Federal postage stamp machines. Parcel checking
II
611 lockers. and Toilets (F.S. 205.63)
i!
711 Unadulterated Florida-produced citrus juice
I'
811 vending machines (F.S. 205.632)
,
i
9 Furthermore, no license business tax receipt shall be required for coin-operated machines
10 where the vending machines are owned and operated by charitable or benevolent nonprofit
11 organizations and where the entire proceeds of such machines are used solely for recognized
12 charitable or benevolent purposes. No license business tax receipt shall be required for the
13 operation of any machines where such machines are owned by a person who is otherwise
14 licensed by the city. and such machines are located and operated at the owner's regularly licensed
15 place of business.
16 5963 Vending-Mobile ~ 92.61
17 5964 Ice Cream Truck (Ref. 5963) ~ 102.53 plus
18
~ 35.28 per vehicle
19 5965 Lunch Wagon (Ref. 5963) ~ 102.53 plus
20
~ 35.28 per vehicle
21 5992 Florist. per inventory See 5399
22
5995 Optician* 196.35
206.17
23
5998 Auction Company (Ref. 5999) 1113.75
1515.94
24 6020 Bank - Commercial 367.50385.88
25
6030 Bank - Savings 367.50
385.88
26 6098 Check Cashing Agency 291.00
I
308.70
27 6099 Financial Services. NEe 291.00 308.70
S \CA\Ordmances\OL License Fee ReVision Urdinance 120(9) doc
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1 6141 Investment & Trading 291.00
308.70
2 6162 Mortgage Company* 291.00
308.70
3 6163 Mortgage Broker* 117.00 154.35
4 6211 Broker - Securities* 291.00
308.70
5 6282 Investment Advice ~ 92.61
6 6410 Insurance Agent ~ 51.82
7 6411 Insurance Company ~ 92.61
8 6412 Medical Claims Processing Service (Ref. 6411) ~ 92.61
9 6513 Apartment Building J-:.68. 3.86 per room,
10
~ 35.28 minimum
11 6514 Rental property four (4) units or less, including single family residential rentals
12 J-:.68. 3.86 per room
13 ~ 35.28 minimum
14 Licensing Business tax receipts Procedure:
15 Every rental unit used for residential living purposes in the city must be licensed have a
16 business tax receipt. This includes rental property four units or less, including single family
17 residential rentals, condominiums, and mobile homes.
18 Licenses Business tax receipts are issued for a period of twelve months, from October 1 'I to
19 the following September 30'h. They must be renewed annually. To avoid renewal late fees,
20 rental license business tax receipt fees are payable by October 1'1. After January 301", late
21 renewals require a Code Compliance (interior and exterior) inspection of the property.
22 Whenever a rental property is sold or otherwise changes ownership, the new owner must
23 do the following:
24 (1) Apply for a new rental license business tax receipt;
25 (2) Schedule an inspection of the rental with the Code Compliance Division.
26 If the inspection process should reveal Zoning, Building, Housing or Fire Code violations,
27 they must be corrected and a re-inspection made by the appropriate department. The owner is
S'ICAIOrdinanceslOL License Fee Revision Ordinance (2009) doc
12
given adequate time to correct any violations. All violations must be corrected before (l\.'cupanc'
:2 will be approved.
3 Any property that has been found in violation by a code compliance board of the ell) shai I
4 be required to be inspected after six (6) months from the date of the hearing, and again at tvveh \.'
5 (12) months after the date of the hearing in which the property was found to be in violatinl1.
6 The owner of a property that has been found to be in violation by a code compliance board
7 of the city shall be required to pay an inspection fee of seventy-five dollars ($75,00) for each of
8 the inspections required, The required inspection fees shall be included as pan of the
9 administrative costs assessed by the city and shall be included in any liens filed by the cit\ .
10 NOTE: Fees may change from time to time by Ordinance of the City Commission, The
11 application and information forms for rental licenses business tax receipts are available at the
12 Licensing Business Tax Division of City Hall. 100 East Boynton Beach Boulevard. It should be
13 noted that post office boxes are not acceptable addresses for mailing purposes. and actual street
14 addresses are required on the application.
15 Designation of resident agent: No license business tax receipt shall be issued by the cIty Jar a
16 rental dwelling located on a rental premises unless the applicant therefore designates in writing
17 to the city the name, address, and local telephone number of the O\vner or resident agent to
18 receive service of notice of violation of this Code. The owner may designate as his or her
19 resident agent any natural person eighteen (18) years of age or older who is customarily presepl i
20 at a business location within the city for the purposes of transacting business, or who actua
21 resides within the city. An owner may change his or her designation of a resident by notifying
22 the city in writing of the name, address, and local telephone number of the person designated by
23 the owner to replace the previous resident agent. Any notice of violation or legal process which
24 has been delivered or served upon the previous resident agent prior to the receipt of the city of
25 notice of change of the resident agent shall be deemed effective service. It shall be the sole.
26 responsibility of the owner to appoint a reliable resident agent and to inform the resident agent 01 i
27 his correct mailing address. Failure to do so shall be no defense to a violation of this Code. !\,i(1
28 o\vner shall designate as a resident agent any person who does not expressly comply \vith the
29 provisions of this section. The owner or the resident agent shall be deemed to be the ..violator'
30 as the term is used in F. S. S 162.06(2). Service of notice of the resident agent shall be deemed
31 service of notice of the owner. tenant and violator.
..,,/
-'~
6530 Property Management* ~ 92.61
6531 Real Estate Broker* ~ 92.61
6532 Real Estate Salesperson* ~ 51.8:2
6541 Title Abstract Office 291.00 308.70
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6552 Subdividers & Developers, NEC 147.00 154.35
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7011
7033
7212
7214
7215
7216
7217
7219
7221
7230
7231
7232
7241
7251
7261
7290
7291
Hotels & Motels ~ 3.86 room, ~ 35.28 minimum
Trailer Parks & Campsites 9-+-M 102.53 plus:JA-l- 3.58 per lot or site
Laundry/Dryc1ean - Drop Only 9-+-M 102.53
Carpet Cleaning, Mobile (Ref. 7217) &8-:-2G 92.61
Laundry Machines, Coin-Operated ~ 68.91 plus -l-d+ 1.38 per machine
Dry Cleaning Establishments 196.35 206.17
CarpetlUpholstery Cleaning, Commercial 196.35
Laundry & Garment Services, NEC ~ 61.74
Photography 117.00 154.35
Beauty school 196.35 206.17
Beauty Parlor, Etc. *
One chair ~ 77.18
Each additional chair or manicurist ~ 20.95
Nail Salon* (Ref. 7231)
One manicurist table ~ 77.18
Each additional manicurist ~ 20.95
Barber Shops*
One chair ~ 77.18
Each additional chair ~ 20.95
Shoe Repair & Shoe Shine Parlor ~ 61.74
Funeral Director* 196.35 206.17
Debt Counseling Service (Ref. 7299) ~ 92.61
Income Tax Service 117.00
154.35
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206.17
729'2 Valet Parking (Ref. 7299) 8%d4- 9'2.61
J 7293 Tanning Salon (Ref. 7299) ~ 9'2.6 J
.... 7294 Weight Loss Center (Ref 7299) ~ 92.61
.)
4 7295 Family - Home Child Care (Ref. 7299) ~ 92.61
5 7296 Dating Service (Ref. 7299) ~ 92.61
6 7297 Electrolysis* (Ref. 7299) ~ 92.61
7 7298 Massage Therapist* ~ 102.53
8 7299 Miscellaneous Personal Services, NEC ~ 92.6]
9 73] 1 Publication Service, NEC ];17.00 154.35
10 7319 Advertising 211.65 256.88
11 7322 Collection Agency* ] 17.00
154.35
12 7323 Credit Association ] 47.00
] 54.35
]3 7334 Photocopying/Duplicating Service ~ 92.61
14 7336 Commercia] Art/Graphic Design ~ 92.61
15 7337 Typing Service ~ 92.61
16 7338 Secretarial Services 117. au ] 54.35
17 7342 Exterminator 147.00
154.35
18 7348 Miscellaneous Commercia] Services. NEC ~ 92.61
19 7349 Janitorial Service 117.00 154.35
20 7359 Rental Service 1 ~7.00
154.35
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21 7361 Employment Agency ~ 92.61
22 7362 Nursing Registry ~ 92.61
23 7370 Data Processing Service ~ 92.61
S,\Ci\\Ordinances\OL License Fee ReviSIOn Ordinance 120(9) dol'
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7371
7376
7378
7379
7380
7381
7384
7385
7386
7387
7388
7389
7390
7391
7392
7393
7394
7395
7396
7397
7398
7399
7400
Computer Programming Service 117.00 154.35
Computer Services ~ 92.61
Computer Maintenance & Repair ~ 92.61
Computer Related Services ~ 92.61
Private Detective* ~ 92.61
Security Service* ~ 92.61
Photo finishing Laboratories 117.00
154.35
Books, Periodicals, News Bureaus (Ref. 7389) ~ 92.61
Auto Broker (Ref. 7389) 117.00 154.35
Messenger Service (Ref. 7389) ~ 61.74
Appraiser* (Ref. 7389) 196.35 206.17
Business Services, NEC ~ 92.61
Handyman (No new licenses only renewals) 117.00 154.35
Interior Designer* (Ref. 7389) 196.35 206.17
Manufacturer's Representative (Ref. 7389) 117.00 154.35
Telemarketing/Soliciting* (Ref. 7389) 117.00 154.35
Auctioneer* (Ref. 7389) 211.65 256.88
Interior Decorator (Ref. 7389) 117.00 154.35
Agent or Agency (Ref. 7389) ~ 92.61
Answering Service (Ref. 7389) ~ 92.61
Arts & Crafts - Handmade (Ref. 7389) ~ 92.61
Asbestos Consultant (Ref. 7389) ~ 92.61
Boat Broker (Ref. 7389) 8-8-d-(} 92.61
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J 7402 Executive Office (Ref. 7389) ~ lf2.61
7401
Draftsman (Ref. 7389)
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92.61
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7403 Furniture Installation (Ref. 73 89) ~ 92.61
7404 Home Demonstrator (Ref. 7389) 8&W- 92.61
7405 Import-Export (Ref. 7389) 8&W- 92.61
7406 Interpretation & Translation (Ref. 7389) ~ 92.61
7407 Mail Depot (Ref. 7389) ~ 92.61
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8 7408 Music Recording Studio (Ref. 7389) ~ 92.61
9 7409 Paralegal (Ref. 7389) ~ 92.61
10
7410 Pool Cleaning - NO chemicals (Ref. 7389) ~ 92.61
7411 Pressure Cleaning (Ref. 7389) 8&W- 92.61
7412 Sign Painting & Lettering (Ref. 7389) ~ 92.61
7413 Water Softening Service (Ref. 7389) &&-:-;W 92.61
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14 7414 Yacht Broker* (Ref. 7389) ~ 92.61
15 7415 Merchandise Broker (Ref. 7389) 8&W- 92.61
16 7416 Financial Consultant (Ref. 7389) ~ 92.61
17 7417 Showroom (Ref. 7389) 8&W- 92.61
18 7418 Courier Service (Ref. 7389) 8-8-d(}... 92.61
19 7419 Aquarium Service (Ref. 7389) ~ 92.61
20 7420 Religious/Charitable Organization (Ref. 7389) 8&W- 92.61
21 7421 Pet Sitting (Ref. 7389) 8-8-d(}... 92.61
)') 7422 Housesitting (Ref. 7389) 8-8-d(}... 92.61
23 7423 Embroidery Service (Ref. 7389) 8-8-d(}... 92.61
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7424
7425
7426
7427
7513
7514
7530
7532
7536
7538
7542
7543
7544
7549
7550
7551
Diver - Commercial (Ref. 7389) ~ 92.61
Inspection Service - No Appraisal (Ref. 7389) ~ 92.61
Consultant (Ref. 7389) ~ 92.61
Mediation Counselor &&W 92.61
Truck Rental & Leasing 211.65 256.88
Passenger Car Rental 211.65 256.88
Auto Pinstriping (Ref. 7532) ~ 92.61
Auto Body Shop, per number of workers * See 2024
Auto Glass lnstallation* &&W 92.61
Auto Mechanical Repair*, per number of workers See 2024
Car Wash &&W 92.61
Car Wash - coin-operated ~ 102.53 plus.J...9..:.% 20.95 per machine
Auto Detailing ~ 61.74
Automotive Services, NEC* &&W
Wrecker/Towing Service (Ref. 7549)
Window Tinting (Ref. 7549) ~
92.61
73.50 -+1:-l-& per vehicle
92.61
17 7629 Appliance Repair &&W 92.61
18 7631 Jewelry Repair ~ 29.77
19 7641 Reupholstery, per number of workers See 2024
20 7692 Welding, per number of workers See 2024
21 7697 Locksmith, per number of workers (Ref. 7699) See 2024
22 7698 Repair Shops, per number of workers (Ref. 7699) See 2024
23 7699 Miscellaneous Repair Services, NEC &&W 92.61
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Mobile Repair (Ref. 7699) ~ 92.6]
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7701
Bicycle Repair ~ 92.61
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7702 Screen Repair ~
92.61
4 7832 Motion Picture Theatre 4+.49 per seat, ~ 102.53 minimum
5 7910 Carnival or Circus (Ref. 7999) 1 89.30 513.77
6 7911 Dance Studio/School 117.00
154.35
7 7922 Miscellaneous Theatrical Services ~ 92.61
8 7928 Adult Entertainment (Ref. 7929) 1050.001102.50
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A floor plan showing square footage of building, indicate portion to be allotted for this
use and seating chart if applicable, plus a site plan to show the oir-street
parking, shall be submitted for review with the O.L. application and filing fee.
12 7929 Entertainers & Entertainment Groups ~ 92.61
13
7933 Bowling Alley ~
51 .82 per alley
14 7987 Martial Arts Instruction (Ref. 7999) ~ 92.61
15 7988 Fishing Guide (Ref. 7999) ~ 92.61
16 7989 Boat Captain Service (Ref. 7999) ~ 92.61
17 7990 Athletic Clubs (Ref. 7991 ) 117.00
154.35
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7991 Fitness Trainer ~
92.61
19 7993 Amusement Arcade. per machine See 5962
20 7994 Billiards (Ref. 7993) ~ 51.82 per table
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7995 Special Events (Ref. 7996) 117.00
154.35
'"))
7997 Bankruptcy Sale (Ref. 7389) 117.00
154.35
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7998
Miscellaneous Recreation Services, NEC ~ 92.6]
24 7999 Boats - Recreation
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8013
8021
8031
8034
8035
8036
8037
8038
8039
8040
8041
8043
8044
8045
8046
8047
Small motor crafts, each ~
22.05
77.18
102.53
154.35
256.88
1 - 5 passenger capacity ~
6 - 10 passenger capacity 9+-:M-
10 - 50 passenger capacity 117.00
Over 50 passenger capacity 211.65
Physician* 196.35 206.17
Psychiatrist* 196.35 206.17
Ophthalmologist 196.35 206.17
Dentist* 196.35 206.17
Osteopath* 196.35 206.17
Relaxation Therapist (Ref. 8049) 196.35 206.17
Psychotherapist (Ref. 8049) 196.35 206.17
Psychologist (Ref. 8049) 196.35 206.17
Physical Therapist (Ref. 8049) 196.35 206.17
Occupational Therapist (Ref. 8049) 196.35
Midwife (Ref. 8049) 196.35 206.17
Mental Health Counselor (Ref. 8049) 196.35
206.17
206.17
Chiropractor* 196.35 206.17
Podiatrist* 196.35 206.17
Hypnotist (Ref. 8049) 196.35 206.17
Dietitian (Ref. 8049) 196.35 206.17
Clinical Social Worker (Ref. 8049) 196.35
Audiologist (Ref. 8049) 196.35 206.17
206.17
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8048 Acupuncturist (Ref. 8049) ] 96.35
206.] 7
2 8049 Health Practitioners. NEC*I96.35
206.17
31 805] Skilled Nursing Care Faci]ities 117.00 154.35
4 8059 Nursing Care Facility. NEC J.4l- 3.58 per room. ~ 35.28 minimum
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8062 General Medical/Surgical Centers* 196.35 206.17
8069 Hospital ] 17. 00 154.35
8070 Diagnostic Lab (Ref. 807] ) ~ 92.6]
8072 Dental Laboratory 196.35 206.] 7
8096 Nursing (Ref. 8099) WM 102.53
8097 Surgical Technician (Ref 8099) ~ ] 02.53
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8098 Hearing Aid Specialist (Ref 8099) ] 96.35
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] 2 8099 Health & Allied Services. NEC ~
] 02.53
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81 ] ] Attomey* 196.35 206.] 7
8243 Computer Assembly/Setup ~
8244 Business School 117. 00 ] 54.35
8249 Art School 117. 00 154.35
8296 Ceramic Studio (Ref. 8299) 117. 00
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] 8 8297 Auto Driving School (Ref. 8299)
1<17.00
154.35
] 9 8298 Piano/Instrument Instruction ~ 92.61
20 8299 Schools & Education Services. NEC ] 17.00
154,35
21 8322 Individual & Family Social Services 206.] 7
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216.48
8323 Counselor ~ 92.6]
8324 Marriage/Family Therapist* (Ref. 8322) 206.17 2] 6.48
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8351
117.00
154.35
2 8361 Adult Congregate Living Facility* M-l- 3.58 per room, ~ 35.28 minimum
3 8399 Social Work Consultant* ~ 92.61
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91 8713 Surveyor* 196.35 206.17
8422 Aquarium ~ 92.61
8610 Business Associations (Ref. 8611) ~
8611 Real Estate Board ~ 92.61
8711 Engineer* 196.35 206.17
8712 Architect * 196.35 206.17
92.61
10 8721 Certified Public Accountant* 196.35
206.17
11 8722 Bookkeeper (Ref. 8721) ~ 92.61
12 8733 Research Organization ~ 92.61
13
8742 Business/Management Consultant ~ 92.61
8748 Traffic Manager ~ 92.61
8900 Construction Inspector (Ref. 8999) ~
8998 Geologist* (Ref. 8999) 196.35 206.17
8999 Services, NEC ~ 92.61
9991 Merchant - temp./regional mall concourse
92.61
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19 F or four (4) or less temporary (less than a week), and portable, regional mall promotion
20 activities with sales and located within any or all of the mall concourse areas, mall owners shall
21 pay a license fee of$131.25 $137.81.
22 9992 Temporary retail/mall carts
23 Activities which would otherwise be subject to retail license business tax receipt fees, but
24 which are temporary and portable and located in mall concourse areas, shall be charged a license
25 business tax receipt fee of $39.38 $41.35 for each three-month period or portion thereof.
26 Fees will be paid quarterly in advance by the mall operator. Fees shall be paid based upon the
S:ICAIOrdinanceslOL License Fee Revision Ordinance (2009).doc
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maximum projected number of spaces the mall allocates for temporary and portahle n~t~ll!
2 locations within the mall for the twelve-month period commencmg (lctober the ilrsl I)f ea
3 year. Fees paid shall be subject to adjustment to ret1ect actual operating locations. Ad]ustmell'
4 shall be made yearly during the month of August for the preceding twelve-month period and UJ i
5 written request from the mall operator. The mall operator shall submit sut1icient rVl'urd" t<
6 support its request for adjustment.
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711 9993 Itinerant or Transient Merchant
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8 Covers persons who travel from city to city and sell and deliver goods, merchandise or
9 services to business establishments; or who sell, demonstrate or deliver goods, merchandise or
10 services to the general public. and do not have a permanent place of business in the cit:
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Each person, per day ~ 9.92
12
Each person, per week ~ 51 .82
13
Each person, per month 196.35
206.17
14 (I.D. registration required for each person.)
15 Notes:
16 * Requires a license from one of the following: Department of Professional Regulatic
17 Department of Business Regulation, Department of Agriculture & Consumer Service~
18 Department of Highway Safety & Motor Vehides, Florida Bar
19 Association, Department of Banking & Finance.
20 NEC - Not Elsewhere Classified
21 Section 3. Each and every other provision of Chapter 13, of the Code of Ordinances 01
22 the City of Boynton Beach not herein specifically amended shall remain in full force and effect
23 as previously enacted.
24 Section 4. All ordinances or parts of ordinances in conflict herewith be and the same ·
25 are hereby repealed, provided that no portion of the City of Boynton Beach Noise Control
26 Ordinance shall be repealed.
27 Section 5. Should any section or provision of this ordinance or portion hereoL an:
28 paragraph, sentence or word be declared by a court of competent jurisdiction to be il1\ alid. such
29 decision shall not affect the remainder of this ordinance.
30
Section 6.
Authority is hereby granted to codify said ordinance.
31
Section 7.
This ordinance shall become effective immediately upon passage
S \CAIUrdlllanceslOL LIcense fee ReVISion Ordinance 1211()9i doc
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FIRST READING this _ day of , 2009.
SECOND, FINAL READING AND PASSAGE this
,2009.
day of
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CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(CORPORATE SEAL)
S:\CA\Ordinances\OL License Fee Revision Ordinance (2009).doc
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XII. - LEGAL - 1st Reading
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to Citv Clerk's
Office
Requested City
Commission Meeting: Dates
Date Final Form Must be
Turned in to Citv Clerk's
Office
0 A ril 21, 2009
0 Ma 5,2009
0 Ma 19,2009
t8J June 2, 2009
o June 16, 2009
o Jul 7,2009
o Jul 21,2009
o Au ust 4, 2009
June 1,2009 Noon
June 15,2009 (Noon
Jul
Jul
0 Announcements/Presen tations 0
NATURE OF 0 Administrative 0 New Business N
AGENDA ITEM 0 Consent A enda t8J Le al
0 0 Unfinished Business ==
0 0 N
Public Hearin ..
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RECOMMENDATION: Motion to approve the abandonment ofa portion ofN.E. 12th Avenue via the associated
ordinance.
EXPLANATION: The current roadway known as NE 12th Avenue (originally created as Maryland Avenue) was created in
the original record plat of WILMS WAY in 1950. Two (2) homeowner associations were then developed along both sides of
NE 12th A venue which converted the eastern 60%:1: of the record plat of WILMS WAY in 1977 and 1986 respectively, that
included their own access roadways off of NE 12th A venue to each association.
The City of Boynton Beach encountered a rainfall event in the spring of 2000 that required the repair of a seawall behind an
existing lift station located within the current right-of-way ofNE 12th Avenue. This was completed in the Fall of2001, which
included the repair of a wood dock along the seawall. Because the existing right-of-way extends into an existing canal (which
occupies the original NE 12th Avenue when the associations were created), the associations are requesting that that extended
portion ofNE 12th Avenue be abandoned in favor of the respective associations.
PROGRAM IMPACT: N / A
FISCAL IMPACT: N / A
ALTERN,ATIVES: Leave the existing right-of-way as it currently exist and monit
ent Head's Signature
Public Works / Engineering Division
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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ORDINANCE NO. 09-
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",
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING
ABANDONMENT OF A PORTION OF
NORTHEAST UH1 A VENUE CURRENTL Y
PROTRUDING INTO THE CANAL WATERWAY,
SUBJECT TO ST AFF COMMENTS;
AUTHORIZING THE CITY MANAGER TO
EXECUTE A DISCLAIMER, WHICH SHALL BE
RECORDED WITH THIS ORDINANCE IN THE
PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the now known roadway ofN.t. lih Avenue (tka Maryland Avenue) \\as
created in the original record plat of WILMS WAY. as recorded in Plat Book 23, Page 11 U.
according to the Public Records of Palm Beach County, Florida on October 26. 1950. and
WHEREAS, two (2) homeowner associations re-platted a portion of the aforesaid
record plat, those being the plat of LAKE WORTH MARINER VILLAGE (to the south) as
recorded in Plat Book 33, Pages 41 & 42. according to the Public Records of Palm beach
County, Florida on June 28, 1977, which incorporated original Wilms Way Lots 18 thru 26 and
a portion ofN.E. lih Avenue. and the plat of MARINER'S WA Y (to the north) as recorded in
Plat Book 52, Page 193, Public Records of Palm Beach County, Florida on February 8. 1986.
which incorporated original Wilms Way Lots 1 thru 9 and a portion ofN,E. 12th Avenue. and
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WHEREAS, the City of Boynton Beach encountered a rainfall event in the spring of
2000 that caused ground support damage to a existing seawall behind an existing l tilities
Department lift station located within the remainder of N .E. 12th /'\ venue. said seawall repairs
were made in the Fall of 2001. including a re-constructed wood dock along said seawall. and
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33 WHEREAS, the two (2) homeowner associations have approach the city to abandon
34 that portion of N .E. 12th A venue currently protruding into the canal \vaterway (beyond the
35 existing seawall supporting the city's lift station), and the City Commission discussed this issue
36 at their February 17. 2009 commission meeting. and directed statT to go forward "iIh the
3 7 abandonment process and create an "hold harmless" agreement ,vith the two homeovmer
38 associations.
39
40 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF
41 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
42
43 Section 1. The foregoing Whereas clauses are true and correct and incorporated
44 herein by this reference.
45
S'\CA\OrdlOances\Abandonments\NE 12th Avenue docI..doc'
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Section 2. The legal description for that portion ofN.E. 12th Avenue to be
abandoned is as follows:
Being the East 25 feet of the NE 12th Avenue right-of-way as shown on the plat
of LAKE WORTH MARINER VILLAGE, as recorded in Plat Book 33, Pages
41 & 42, and the East 25 feet of the NE 1 ih Avenue right-of-way as shown on
the plat of MARINER'S WAY as recorded in Plat Book 52, Page 193, both
according to the Public Records of Palm Beach County, Florida,
Subject to an access easement over the West 10 feet thereof for lift station
bulkhead wall maintenance purposes.
Section 3. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
of Palm Beach County, Florida.
Section 4. All ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 5. Should any section or provision of this Ordinance or portion hereof, an
paragraph, sentence or word be declared by a court of competent jurisdiction to b e invalid,
such decision shall not affect the remainder of this Ordinance.
Section 6.
Authority is hereby granted to codify this said Ordinance as necessary.
Section 7.
This Ordinance shall become effective immediately after passage.
FIRST READING this _ day of
,2009.
{REMAINDER OF PAGE INTENTIONALL LEFT BLANK}
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SECOND, FINAL READING AND PASSAeiE THIS
ATTEST:
Janet M. Prainito, City Clerk
(Corporate Seal)
"> \C."\\OrdJnanc~s\Abandonments\NE 12th !\\ cnuc doJ.- doc'
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('IT)' UF BOYNTON BEAU-I. FLORID.\
Mayor
Jerrv Tavlor
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Vice Mayor -- 'Noodrow I.. H<:I\
Commissioner Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
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DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City
of Boynton Beach, Florida, does hereby abandon the extended portion of N .E. 1 th A venue,
subject to staff comments. The property being abandoned is more particularly described as
follows:
Being the East 25 feet of the NE 1th Avenue right-of-way as shown on the
plat of LAKE WORTH MARINER VILLAGE, as recorded in Plat Book 33,
Pages 41 & 42, and the East 25 feet of the NE 12th A venue right-of-way as
shown on the plat of MARINER'S WAY as recorded in Plat Book 52, Page
193, both according to the Public Records of Palm Beach County, Florida,
Subject to an access easement over the West 10 feet thereof for lift station
bulkhead wall maintenance purposes.
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
Beach, Florida, have hereunto set their hands and affixed the seal of the City this _
day of
ATTEST:
,2009.
CITY OF BOYNTON BEACH, FLORIDA
Janet M. Prainito Kurt Bressner, City Manager
City Clerk
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton
Beach, Florida, known to me to be the persons described in and who executed the
foregoing instrument, and acknowledged the execution thereof that they affixed thereto
the official seal of said corporation; and that said instrument is the act and deed of said
corporation.
WITNESS my hand and official seal in the said State and County this _ day of
,2009.
NOTARY PUBLIC, State of Florida
My Commission Expires:
S'\CA\Ordinances\Abandonments\NE 12th Avenue dock.doc
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XII. -lEGAl- 1st Reading
ITEM C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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Requested City Date Final Form Must be Requested City Date Final Form Must be ::I:
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 April 21, 2009 April 6, 2009 (Noon) 0 June 16, 2009 June I, 2009 (Noon)
0 May 5, 2009 April 20, 2009 (Noon) 0
0 May] 9, 2009 May 4, 2009 (Noon) 0
r2] June 2, 2009 May] 8, 2009 (Noon) 0
0 Announcements/Presentat ions 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda r2] Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Adopt Ordinance amending City Code to transition from a City
Commission CRA Board to a seven (7) member CRA Board not consisting of members of the City
Commission,
EXPLANATION: At its May 5th 2009, City Commission Meeting, the City Commission approved
moving forward with amendment of the Community Redevelopment Agency to include two additional
persons to act as members of the CRA Board, Modification of the CRA Board to include 2 members
requires a passage of an ordinance and two Resolutions; one Resolution appointing each of the two new
members, Following discussion on first reading of the Ordinance the Commission directed the
preparation of an Ordinance creating a seven member CRA Board not consisting of members of the City
Commission,
Florida Statute Section 163 .356(2)(b) requires that:
Any person may be appointed as a Commissioner (Board Member) if he or she resides or is engaged in
business, which means owning a business, practicing a profession, or performing a service for
compensation, or serving as an officer or director of a corporation or other business entity so engaged,
within the area of operation of the agency, which shall be coterminous with the area of operation of the
municipality and is otherwise eligible for such appointment under this part
PROGRAM IMPACT:
None
FISCAL IMP ACT: None to City; CRA may incur minor operational costs associated with the
expansion of the Board,
SIBULLETINlFORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES: 1.
2.
Take no action and leave the City Commission as the CRA Board or
Create a Board comprised only of non-City Commission members which
could consist of five (5) to nine (9) members.
3. Create a Board comprised of the five City Commissioners plus two
~. _ additional members.
S "-----. /d/if S
Department Heaa' s Signature
City Manager's Signature
Assistant to City Manager
City Attorney
Department Name
City Attorney / Finance
SIBULLETINlFORMS\AGENDA ITEM REQUEST FORM DOC
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ORDINANCE NO. 09- C 3i-"
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 2. ADMINISTRATION, SECTION 2-13.2
PROVIDING FOR APPOINTMENT OF A SEVEN
MEMBER BOARD OF COMMISSONERS OF THE
COMMUNITY REDEVELOPMENT AGENCY;
PROVIDING A TRANSITION DATE FOR THE SEVEN
MEMBER BOARD TO TAKE OFFICE; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach has determined that it is in the best interests of
the citizens and residents of the City to appoint a seven member Board of Commissioners ofthe
Community Redevelopment Agency in lieu of the City Commission providing governance of
the Agency,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That Chapter 2. Administration, Section 2-13.2 shall be amended by
adding the words and figures in underlined type, as follows:
Sec. 2-13.2. Governing body of community redevelopment agency. *
_(a) The members of the City Commission constitute the governing body (Board) of
the Community Redevelopment Agency shall be comprised of seven (7) members appointed by
the City Commission.
_(b) Chair and Vice-Chair. The City Commission shall designate Mayor shull be the
Chairperson and the Vice Mayor the Vice Chairperson of the Board of the Community
Redevelopment Agency,
( c) The terms of office of the Board Members shall be for 4 years, except that three
of the members first appointed shall be designated to serve terms of 1, 2, and 3
years, respectively, from the date of their appointments, and all other members
shall be designated to serve for terms of 4 years from the date of their
appointments. A vacancy occurring during a term shall be filled for the
unexpired tern1.
S.ICAIOrdinanceS\CRAICRA Board Seven New Members 060209 doc
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(d)
Any person may be appointed as a Board Member if he or she resides or is
engaged in business, which means owning a business, practicing a profession, or
performing a service for compensation, or serving as an officer or director of a
corporation or other business entity so engaged, within the area of operation of
the Agency, which shall be coterminous with the area of operation of the City,
and is otherwise eligible for such appointment under Part III of Chapter 163,
Florida Statutes.
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Section 2. All ordinances or parts of ordinances In conflict herewith be and the
same are hereby repealed.
Section 3. Should any section or provision of this ordinance or portion hereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the remainder of this ordinance.
Section 4.
Authority is hereby granted to codify said ordinance.
Section 5, This ordinance shall become effective immediately upon passage~
however, the transition date of the Agency Board from the City Commission to the seven (7)
member Board shall be at the commencement of the Board Meeting held on the second Tuesday
of the month following the appointment of the seven (7) board members, at which time the
seven (7) member board shall take office.
FIRST READING this _ day of June, 2009.
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23 Commissioner - Marlene Ross
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SECOND, FINAL READING AND PASSAGE this
day of June, 2009,
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
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27 ATTEST:
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32 Janet M. Prainito, CMC
33 City Clerk
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38 (Corporate Seal)
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S:ICAIOrdinances\CRAICRA Board Seyen New Members 060209.doc
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XII. - LEGAL
ITEM 0.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 April 21, 2009 April 6, 2009 (Noon) 0 June 16, 2009 June 1,2009 (Noon)
0 May 5, 2009 April 20, 2009 (Noon) [1
0 Mav 19, 2009 May 4,2009 (Noon) 0
[8l June 2, 2009 May 18,2009ONoon) 0
AnnouncementslPresentations
NATURE OF
AGENDA ITEM
o
o Public Hearin
o Unfinished Business
o
RECOMMENDATION: Appoint City Commission representative to the following organization: Officer Robert Kellman
has agreed to continue serving as the alternate member.
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Homeless Advisory Board - Palm Beach County
EXPLANATION: Initial two year term of office has expired 4/30/09 for core member seat.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
City Manager's Signature
Assistant to City Manager
C;11t/
Public Affairs
City Attorney 1 Finance
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
RESOLUTION ~O. R09-
~
:3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, APPOINTING
5 AS A REPRESENTATIVE TO
6 THE HOMELESS ADVISORY BOARD - PALM BEACH
7 COUNTY AND APPOINTING OFFICER ROBERT
8 KELLMAN AS ALTERNATE REPRESENTATIVE TO
9 THE HOMELESS ADVISORY BOARD - PALM BEACH
10 COUNTY; AND PROVIDING AN EFFECTIVE DATE.
II
12
13 WHEREAS, in April, 2007, Palm Beach County created the Homeless Advisory
14 Board which established sixteen (16) Core Member Seats for a two-year term of office. and
IS allowed for the appointment of a Designated Alternate: and
16 WHEREAS, the initial two-year term of oftice has expired and the County is
17 requesting that the City of Boynton Beach make an appointment for the new two-year term. as
18 well as re-confirm the Designated Alternate.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
21 Section I. The "WHEREAS" clauses above are hereby ratified and confirmed as
22 being true and correct and incorporated herein by reference.
23 Section 2. The City Commission of the City of Boynton Beach. Florida. hereb\
24 appointsm as a representative to the Homeless Advisory Board
25 - Palm Beach County and appoints Officer Robert Kellman as alternate representative \(I the
26 Homeless Advisory Board - Palm Beach County.
27 Section 3. That this Resolution shall become effective immediately upon passage
I S'\CA,RF'SU',A.ppolfltl11enls\Homeless i\dvISOf\ Hoard.doc
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2 PASSED AND ADOPTED this
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21 ATTEST:
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24 Janet M. Prainito, CMC
25 City Clerk
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29 (Corporate Seal)
~?
S:\CA\RESO\Appointments\Homeless Advisory Board.doc
day of June, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor- Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
PO. box i 989
West Palm Beach. FL 33402,1989
(S()li 355,2001
FAX: (561) 355,3990
www.pbcgov com
.
Palm Beach County
Board of County
Commissioners
Jeff Koons, Chairman
Burt Aaronson, Vice Chairman
Karen T Marcus
Shelley Vana
Marv McCarty
Jess R. Santamaria
Addie L. Greene
County Administrator
Robert \Veisman
11alm Il(ljll h I ount~
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CITY MANAGER'S OFFICE i
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May 6, 2009
Jerry Taylor, Mayor
City of Boynton Beach
100 East Boynton Beach Boulvard
Boynton Beach, FL 33425
Dear Jerry:
As you are aware, the Resolution creating the Homeless Advisory Board established
sixteen Core Member Seats, and allowed for the appointment of a Designated Alternate for
each. The Resolution appointed each Core Member to a two-year term of office, and did
not limit the number of terms an individual may serve.
i As the initial two-year term of office has expired (4/30/09), I am writing to ask that you
, either A) confirm your desire to continue to participate as a member of the Homeless
Advisory Board for a second two-year term, or B) provide notification of an appropriate
replacement also meeting the conditions of the Core Member Seat in which you have been
serving. Additionally, we ask that you re-confirm your Designated Alternate, or provide us
with the name of a replacement.
Current Appointees:
City of Boynton Beach, Mayor or Commissioner:
Designated Alternate for Jerry Taylor:
Mayor Jerry Taylor
Officer Rob Kellman
Please contact Krysten Bennett of Langton Associates at
kbennett@langtonconsulting.com, or by phone at (904) 598-1368 prior to the
upcoming Homeless Advisory Board meeting on May 20th with your response to this
request. In the case that no confirmation or replacement is communicated, the continued
participation of both yourself and your Designated Alternate will be assumed for a second
two-year term of office.
Again, thank you for your commitment to our shared vision of ending homelessness In
Palm Beach County. I hope to have the opportunity to continue working with you in the
i year ahead.
i Sincerely,
S~
i Chair,~lm \BeaCh County Homeless Advisory Board
i Chairman, Palm Beach County Board of County Commissioners
Cc: Officer Rob Kellman
Page 1 of2
Welsh, Pam
From: Immler, Matt
Sent: Tuesday, May 19,200912:31 PM
To: Welsh, Pam
Subject: FW: Homeless Advisory Board/PBC
Follow Up Flag: Follow up
Flag Status: Red
Attachments: image003.jpg; image001.jpg
Officer Kellman is fine with the committee appointment.
G. Matthew Immler
Chief of Police
City of Boynton Beach
56/-742-6/01
immlerm@ci.boynton-beachjl.us
From: Kellman, Robert
Sent: Monday, May 18, 2009 1:58 PM
To: Immler, Matt
Subject: RE: Homeless Advisory Board/PBC
Yes Chief.
Respectfully,
Kellman
From: Immler, Matt
Sent: Monday, May 18, 2009 1:54 PM
To: Kellman, Robert
Cc: Briganti, Frank
Subject: FW: Homeless Advisory Board/PBC
Bob - Are you OK with this?
G. Matthew Immler
Chief of Police
City of Boynton Beach
56/-742-6/0/
imm/erm@ci.boynton-beach.jl.us
From: Welsh, Pam
Sent: Monday, May 18, 2009 1:15 PM
To: Immler, Matt
5120/2009
Da~c
Subject: Homeless Advisory Board/PBC
Chief,
Please confirm if Officer Rob Kellman will be serving as a Designated Alternate for the Palm Beach County
Homeless Advisory Board. The current two year term has expired (4/30/09) and he was appointed the alternate
for Mayor Taylor which we need to re-confirm.
Thanks.
flam W~fz.
a.dmini.6 Vtati.u.e (L" ~tant
eIhJ ~'" (9f.fia
561-742-6013
~fz.p@61ift.uj
5/20/2009
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XII. - LEGAL
ITEM D.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to Citv Clerk's Commission Meeting Dates Turned in to Citv Clerk's
Dates Office Office
0 A ri121, 2009 0 June 16, 2009
0 5,2009 0 Jul 7,2009
0 19,2009 0 Jul 21,2009 Jul
[gI June 2, 2009 0 Au ust 4, 2009 Jul
0 Announcements/Presentations 0 Citv Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [gI Consent Agenda [gI Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this request on the June 2, 2009 City Connnission Agenda under Consent
Agenda - Resolutions. Staff forwards this Resolution, approving and authorizing execution of an Annexation Agreement as
part of the annexation of the Palm Beach Memorial Park property. For further information on this request, please see the
explanation below, the accompanying resolution and proposed annexation agreement.
EXPLANATION: Staff summarized the many issues related to the annexation of the Palm Beach Memorial Park and
Sam's Club properties in prior agenda items to the City Connnission, including the October, 2008 item requesting
authorization to enter into a utility extension agreement with Palm Beach Memorial Park (see Attachment "A"), and the April
21 sl update report (see Attachment "B"). Staff included in the update report an explanation on the use of separate annexation
agreements to address the principal issues. The subject resolution covers the annexation agreement with Northstar Palm
Beach, LLC, owner of the Memorial Park. The Palm Beach Memorial Park/Sam's Club land use amendment was approved by
the Connnission for transmittal to the DCA on January 20,2009, and final adoption is also scheduled for June 2nd. The
annexation agreement primarily accomplishes the following: 1) documents the plan to construct a mausoleum and/or
crematorium on the Property and the conditional use status of such use within the C-3 zoning district; 2) recognizes the plans
for placement of a billboard at the northwest corner of the property and the applicability of the City's billboard settlement
agreement; 3) documents the financing plan offered by the city for subsequent utility infrastructure costs; and 4) connnits the
City to monetary contributions in connection with billboard siting costs. A general location map is attached hereto as
Attachment "C").
With respect to item #2 above, the location of the proposed billboard at the northwest corner of the property is intended to
maximize its distance from the adjacent residential land use, which ensures compliance with the residential separation
requirement of the settlement agreement. Paragraph #11 of the proposed annexation agreement reads as follows:
Billboard. City acknowledges that Owner intends to submit permit applications to locate a billboard on a portion of the
Property. To the extent such a billboard is permitted on the Property in accordance with that certain Settlement Agreement
between City, Florida Outdoor Advertising, LLC and Gold Coast Advertising, lnc, the City agrees that it will process such
request for approval by the City Commission as it relates to the location of the billboard on the Property. The billboard
shall be located in the Northwest quadrant of the property in a location depicted on Exhibit "B".
With respect to items #3 and #4 above, paragraph #14 has been drafted to detail the terms by which the City will provide
financing for the ultimate utility improvements, but to also include two monetary obligations that have recently been agreed
upon and therefore were not part of the original utility financing provision as explained to, and agreed upon by the
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Connnission on October 21,2008 (see Attachment "A"). As described below in the excerpt from the agreement, this
additional $35,000 includes $30,000 toward documented infrastructure costs associated with the location of the billboard at
the northwest corner of the subject property, and $5,000 for the consideration of clarification and limitation on the lighting
provisions as described in paragraph #8 of the billboard settlement agreement. The entire paragraph #14 is drafted to read as
follows:
Financing Assistance. At such time that Owner connects to the City's water and sewer system, City agrees to finance a
portion of Owner's construction costs for installation of materials and connection to the City's water and sewer lines.
Specifically, Owner shall be required to make an initial payment in the amount of $30,000.00 toward such infrastructure
improvements. with the balance of the construction costs borne by the City. Owner shall be required to repay the City on a
monthly basis over a ten (J 0) year period through a utility bill surcharge
With respect to the installation of a billboard per Paragraph 11, the City shall reimburse the Owner for site development
costs associated with the installation of a billboard that conforms to the terms of Paragraph 11 in an amount not to exceed
$30.000 subject to receipt of certified costs provided by a licensed professional civil engineer.
The City will also pay, jointly to Owner and the Billboard Vendor, $5,000.00 in consideration of clarification and limitation
of paragraph 8 of the Settlement Agreement between City, Florida Outdoor Advertising, LLC and Gold Coast Advertising,
Inc. which relates to sign lighting. Notwithstanding any other interpretation of paragraph, sign lighting is limited to lighting
devices which illuminate the sign face from an external appendage to the sign and not lighting that emanates from within the
sign or from the sign face, such as a full color or LED display system. All other restrictions on lighting contained in
paragraph 8 shall continue to apply. Owner shall obtain a written acknowledgement and consent from the Billboard Vendor
with respect to this lighting provision.
PROGRAM IMPACT: This process and corresponding prerequisites are necessary for the ultimate annexation of
approximately 45 acres ofland along North Seacrest Boulevard.
FISCAL IMPACT: The overall annexations (the Palm Beach Memorial Park/Sam's Club properties and the pocket
properties) are anticipated to contribute approximately $120,000 to the City's annual property tax revenues.
ALTERNATIVES:
Not approved the resolution which is a prerequisite to the annexation of the subject property.
~
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Ity Manager's SIgnature
Devel
Assistant to City Manager
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. Planning an~g Director . City Attorney / Finance
S:\Plannmg\SHARED\WP\PROJECTS\Sams Club PB Memonal\ANEX 09-001 \Agenda Item Request 6-2-09 - Anx Agree - Memorial Park.doc
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RESOLUTION NO. R09- 08 Y
A RESOLUTION OF THE CITY COMMISSION OF
BOYNTON BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND NORTHST AR PALM BEACH, LLC,
REGARDING ANNEXA TION OF NORTHST AR PALM
BEACH PROPERTY INTO THE CITY BOUNDARY.
WHEREAS, NORTHSTAR PALM BEACH, LLC is the fee simple owner of certain
property located in unincorporated Palm Beach County, Florida ("County") which is
14 ! located at 3691 Seacrest Boulevard in the City; and
15 WHEREAS, the Parties desire to annex the Property into the City's municipal
16 boundaries and have initiated the process required by law to enact an ordinance adopting a
17 petition for voluntary annexation of the Property into the City, pursuant to Section 171.044(2),
18 Florida Statutes ("Annexation"); and
19 WHEREAS, Owner has previously constructed certain improvements for commercial,
20 retail and service uses on the Property; and
21 WHEREAS, the parties desire to enter into this Agreement to memorialize and
22 document their understanding and agreement with respect to annexation, future development
23 and use of the Property; and
24 WHEREAS, the City Commission of the City of Boynton Beach, upon
25 recommendation of staff, deems it to be in the best interest of the residents and citizens of the
26 City of Boynton Beach to approve the Annexation Agreement between the City of Boynton
27 Beach and NORTHSTAR PALM BEACH, LLC.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
1
Section 1.
Each Whereas clause set forth above is true and correct and incorporated
2 herein by this reference.
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Section 2.
The City Commission of the City of Boynton Beach, Florida does hereby
4 approve and authorize the Mayor the execute the Annexation Agreement between the City of
5 Boynton Beach and NORTHSTAR PALM BEACH, LLC to document their understanding and
6 agreement with respect to annexation and subsequent improvement of the Property; a copy of
7 said Annexation Agreement is attached hereto as Exhibit "A".
8
Section 3.
That this resolution becomes effective immediately upon passage.
PASSED AND ADOPTED this _ day of June, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor, Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
ATTEST:
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
ATTACHMENT A
VI-CONSENT AGENDA
ITEM J.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
.j- C;) i~
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk' s Office Meeting Dates in to CIty Clerk's Office
0 August 19, 2008 August 4, 2008 QNoon) [g] October 21, 2008 October 6, 2008 QNoon)
0 September 2, 2008 August 18,2008 QNoon) 0 November 5, 2008 October 20, 2008 QNoon)
0 September 16,2008 September 2,2008 QNoon) 0 November 18,2008 November 3, 2008 QNoon)
0 October 7, 2008 September 15,2008 QNoon) 0 December 2, 2008 November J 7,2008 (Noon)
0 AnnouncementsfPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [gl Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA TION: Possible Annexation of Property at Hypoluxo and Seacrest - Authorize Staff to enter into utility
extension agreement with Palm Beach Memorial Park with a cost recovery of City costs over a 10 year period. Authorize
staff to prepare amendment of2001 Billboard Consent Decree.
EXPLANATION: The City has been discussing the annexation of Palm Beach Memorial Park, a 25.6 acre parcel of property
located on the west side of Sea crest near Hypoluxo. The property is used as a cemetery and funeral home. The City
previously entered into water and sewer pre-annexation agreements with property to the north which includes a Sam's Club,
Best Western Hotel, Popeye's Chicken, Taco Bell and Pizza Hut. The terms of the agreement require these parcels to annex
to the City when they become contiguous to the City limits. The path to gaining contiguity is annexation of the cemetery
property. Recently, the City was also contacted by Sam's Club because they desire to install a retail fueling facility at this
store. Staff suggested that Sam's Club work with Palm Beach Memorial Park to consider a joint application for annexation.
Staff met with representatives of both Sam's Club and Palm Beach Memorial Park last week to further discuss the annexation.
Palm Beach Memorial Park desires to hook up to the City's utility system for the two buildings on their property (Funeral
Home and Office). The estimated cost of the extension of utilities to serve both buildings is between $100,000 and $110,000,
according to Boynton Beach Utilities. While the lines would be constructed by a private contractor, Palm Beach Memorial
Park has requested City cost participation in the construction of these lines. Staff is proposing that Palm Beach Memorial
Park pay for $30,000 of the utility and fee costs with the balance of the project costs be paid by the City with a 10 -year
payback provision as part ofa utility bill surcharge. Palm Beach Memorial Park has tentatively agreed to this arrangement.
In addition, the cemetery is requesting authorization from the City to allow the installation of the one of two remaining 1-95
billboards from the 2001 Consent Decree. This would provide a revenue stream for the property owner. Location of a
billboard on the cemetery property will require that the Consent Decree be amended. Subject to an acceptable location of the
sign on the cemetery property, staff supports the location of one of the two remaining billboards onto the cemetery property.
The working relationship between the City and Hardin Holdings (the billboard company) has been very good. Sam's Club
upon annexation proposes to install the retail fueling facility, which is very similar to the one at BJ's Wholesale Club.
PROGRAM IMPACT: The annexation of Palm Beach Memorial Park will allow the City to also annex the commercial
property at the SW corner of Hypoluxo and Seacrest. All businesses except the gas station at the SW corner have signed
utility pre-annexation agreements with Boynton Beach. Because the proposed land use amendment requires review by the
Florida Department of Community Affairs (DCA) as part of the semi-annual program review, the annexation cannot take
place until calendar year 2009 meaning that the City will not receive property taxes until 20 I O.
S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM. DOC
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AGENDA ITEM REQUEST FORM
FISCAL IMPACT: Based on the 2008 property tax rate of .64553, the assemblage of property will contribute $120.000
annually to the City in property tax revenues beginning in 2010. The estimate is based on the following calculations:
Property Tax Calculation - Seacrest/Hypoluxo Annexation
2008 BB Rate> >
0.64553
Business Name
Address Street
peN
200B Value
Per PAPA Site
Projected
Taxes to BB
2008 Rate
Sam's Club 7233 seacrest Blvd 00-43-45-09-23-000-0010 $ 10,222,556 $ 65,990
Best Western 7051 Seacrest Blvd 00-43-45-09-23-000-0022 $ 4,604,099 $ 29,721
Taco Bell/Pizza Hut 7035 Sea crest Blvd 00-43-45-09-23-000-0030 $ 1,358,275 $ 8,768
Popeyes Chicken 7049 Seacrest Bivd 00-43 -4 5-09- 23-000-0021 $ 869,583 $ 5,613
Palm Beach Memorial Park 3691 Sea crest Blvd 00-43-45-09-05-001-0020 $ 1,580,000 $ 10, 199
Est Annual to City $ [20,291
(After 1/1/2010)
KB: 10/12/08
AL TERNA TlVES: Do not authorize staff to enter into the utility cost-sharing agreement and the amendment to the
billboard consent decree with Palm Beach Memorial Park. This will stop the annexation discussions with Palm Beach
Memorial Park and cause Sam's Club to either abandon their business expansion plans, seek annexation to the Town of
Lantana or secure approval of their expansion plan from Palm Beach County even though they prefer annexation into
Boynton Be~h. . ,_ )
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Departrnent Head's Signature
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City Manager's Signature
Assistant to City Manager _. ~
Department Narne
City Attorney / Finance
S \BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DC >('
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ATTACHMENT B
IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM E
AGENDA ITEM REQUEST FORlVl
-
[(7
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Requested CIty Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
i:8J 0 June 16, 2009
5 2009
0 ]9,2009 Jul
0 June 2, 2009 st 4, 2009 Ju!
0 AnnouncementsfPresentations i:8J Citv Manaller's ReDor!
NATURE OF 0 Administrative n New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Lel!:al Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this request on the April 21, 2009 City Connnission Agenda under City
Manager's Report. This item is a Status Report on the Voluntary Annexation of the Palm Beach Memorial Park and Sam's
Club properties.
EXPLANATION: The Palm Beach Memorial Park/Sam's Club land use amendment was approved by Corrunission
for transmittal to the DCA on January 20,2009, and we understand that the DCA has completed its review without objections
(written confirmation from the DCA is expected this week). This is not a simple annexation; there are many issues
accompanying it which staffhas at least partially explained in the initial information item presented to the Commission in
October of2008, and within the project staff report. The issues are best sunnnarized individually, along with the
corresponding solutions and status. The issues are as follows:
1) Creation of unincorporated "pocket" - This "pocket" is created by the annexation of the uniquely figured Sam's
Club property which includes a "fmger" extension north to Hypoluxo Road. This includes an access road for Sam's Club but
which is also the sole access drive for three unincorporated properties (consisting of 1 hotel and 3 restaurants). Consequently,
access to the unincorporated properties will be severed by the incorporation (although physical access is maintained),
therefore arguably failing the "compactness" test ofF]orida Statutes, which is an issue raised by County staff. SOLUTION:
Execute an ILA with the County. Since the properties are also subject to a water service/annexation agreement similar to the
Sam's Club property, they are annexable once contiguous, which will be attained following annexation of the Memorial Park
and Sam's Club properties. The ultimate annexation of the three properties would resolve the compactness issue raised by the
County, and as an interim measure and evidence of intent, city staff offered to enter into an ILA that would document the
city's plan to annex this "pocket". STATUS: The ILA has been drafted by County staff and will be considered by the City
Commission concurrent with the ftnal adoption of the annexation ordinance (see below for status). Although the ILA was also
to transfer public safety responsibility (for the pocket and adjacent Hypoluxo Road) to the City in advance of annexation, the
Sheriff's Office prefers to continue providing service until ultimately annexed into Boynton Beach.
2) Conditions of annexation - Recall that representatives for the properties both have conditions of annexation to
ensure the successful implementation of their respective business plans and/or to avoid uncertainty relative to utility hook-up
costs. More speciftcally, the issues include the immediate desire to lease space for a billboard, the eventual plans to build a
crematorium, the timing of installation of and payment for utility hookups, and the planned addition of accessory fuel sales to
the Sam's Club operation. SOLUTION: Annexation agreernents will be considered for execution concurrent with adoption of
the annexation ordinance. An agreement with the respective property owners will achieve the necessary recognition,
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
commitment, documentation, necessary in connection with the needs of the two property owners. With respect to the
billboard, its ultimate location on the property will be pursuant to the provisions of a 2001 settlement agreement, which
requires it to be separated from a residential use by at least 250 feet. It should also be noted that one commitment will mclude.
as anticipated, the timely amendment of the City's LDRs to amend setback requirements applicable to accessory fuel sale
operations in a Planned Commercial Deve10prnent zoning district (PCD). STATUS: The agreements are in the process of
being drafted, through the necessary communications between the agent for the applications and the City Attorney. The
agreements will be forwarded for Commission consideration concurrent WIth Final Reading of the annexation ordinance.
Lastly, the applicant has requested an amendment to the 2001 billboard consent decree to allow placement of a billboard at a
setback of 150 feet. This request is being reviewed by City staff.
As for the DCA's review process, the proposed amendment to the City's Comprehensive Plan Future Land Use Map has been
reviewed by the State (the State does not review the corresponding applications for annexation and rezoning). A verbal,
informal communication was received from the State indicating that the State's review was finished and there would be Ill'
objections raised. Staff anticipates receiving the official written notice from the State this week. Once received, the CIty may
proceed to the adoption stage which includes another legal notice placed in the newspaper. Depending upon the status of the
corresponding annexation agreements, staff anticipates placing this on either the May 19th or June 2nd Commission agenda
PROGRAM IMP ACT: This process and corresponding prerequisites are necessary for the ultimate annexation of
approximately 45 acres of land along North Seacrest Boulevard.
FISCAL IMPACT: The overall annexations (the Palm Beach Mernorial Park/Sam's Club properties and the pockel
properties) are anticipated to contribute approximately $120.000 to the City's annual property tax revenues.
ALTERNATIVES: Information only; no action is reqUlred at this time. k
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S.\P\anning\SHARED\WP\PROJECTS\Sams Club PB Memorial\ANEX 09.001 \Agenda Item Request 4-21-0'i . Status only.doc
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ATTACHMENT C
SAM'S CLUB AND NORTHSTAR PROPERTIES
.
150 75 0
P"""'I'I
150 300 450
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 21, 2009
The original motion passed 4-1. (Commissioner Weiland dissenting)
D. Discussion regarding Energy Efficiency and Conservation Block Grant
Ms. Lejeune explained the American Recovery and Reinvestment Act (ARRA) was the stimulus
funding and a team had been established with staff from the City and CRA to diligently search
for funding possibilities. Other funds have already been sought and now the Energy Efficiency
and Conservation Block Grant is targeted to reduce fossil fuel emissions, total energy use and
improve energy efficiency in the building and transportation sector. The team reviewed the
priorities and created a program to submit for award. The program would create a revolving
loan fund program to provide energy efficiencies for both private and public buildings.
Partnerships with other governmental agencies as well as private organizations could be formed
to coordinate and facilitate even greater use of the funding. It could also be structured to be
available for low income families and provide assistance applying for other funds. In total, the
grant monies would stimulate the economy, create new jobs and increase permit applications.
Ms. Lejeune further reported $250,000 would be available to hire a consultant to create the
energy efficiency conservation strategy required to meet the funding criteria. Staff
recommended the Commission allow the application to be submitted to create the strategy,
develop the revolving loan fund program and public facilities energy audit and retrofit. Mayor
Taylor established there would be no match in funding required by the City. Administrative
costs would be included in a $75,000 allotment. After those funds were exhausted there may
be additional administrative costs to keep the program active.
Motion
Commissioner Ross moved to endorse the submittal of the application through ARRA for the
Energy Efficiency and Conservation Block Grant. Vice Mayor Hay seconded the motion. The
motion passed unanimously.
E. Status Report on the Voluntary Annexation of the Palm Beach Memorial Park and
Sam's Club properties.
Mr. Rumpf reported the annexation continues to move forward jointly for over 40 acres
including the Sam's Club properties and Palm Beach Memorial Park. A resolution would be
needed to cover an interlocal agreement with Palm Beach County relating to the State law of
annexation requiring compactness. There is a pocket created that could only be accessed
through a shared drive with Sam's Club that can only be annexed once it becomes contiguous
to the City boundaries. It includes a hotel and restaurants. Mr. Rumpf indicated the expansion
of utilities and a billboard to the cemetery property and a fuel pump operation for Sam's Club
are part of the annexation agreements and may be amendments to the settlement.
X. FUTURE AGENDA ITEMS:
A. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum
(Deferred pending future grant opportunities)
23
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT ("Agreement") is made and entered into this _
day of ,2009 by and between the CITY OF BOYNTON BEACH, FLORIDA, a
municipal corporation ("City"), and NOR THST AR PALM BEACH, LLC, a Florida limited liability
("0 ")
company wner.
WIT N E SSE T H:
WHEREAS, Owner is the fee simple owner of certain real property located in unincorporated
Palm Beach County, Florida ("County") which is located at 3691 Seacrest Boulevard in the City and
is legally described in Exhibit "A" attached hereto and made a part hereof ("Property"); and
WHEREAS, the Parties desire to annex the Property into the City's municipal boundaries and
have initiated the process required by law to enact an ordinance adopting a petition for voluntary
annexation of the Property into the City, pursuant to Section 171.044(2), Florida Statutes
("Annexation"); and
WHEREAS, the City has determined that the Property is contiguous to the City and
reasonably compact, and the City desires to annex the Property into the City; and
WHEREAS, Owner has previously constructed certain improvements for cemetery and
associated ancillary uses on the Property; and
WHEREAS, the parties believe it is in their mutual best interest to initiate the process
required by law to enable Owner to maintain, operate and develop the Property in accordance with
the terms and provisions of this Agreement; and
WHEREAS, the parties desire to enter into this Agreement to memorialize their
understanding and agreement with respect to annexation of the Property.
NOW, THEREFORE, in consideration of the mutual promises, undertakings, terms and
conditions set forth herein, the parties mutually agree as follows:
1. Recitals; Exhibits. The foregoing recitations are true and correct and are hereby
incorporated herein by reference and are valid and binding on the parties hereto. All exhibits to this
Agreement are incorporated by reference, are hereby deemed a part hereof and are valid and binding
on the parties hereto.
2. Legal Authority. This Agreement is entered into under the authority of the Florida
Constitution (including Article VIII, Section 2(b) thereof), the general powers conferred upon
municipalities by statute and otherwise, the Municipal Annexation or Contract Act ("Annexation
Act"), Florida Statutes Section 171.011 et seq., and the City's Charter.
3. Property Ownership. Owner acknowledges and represents to the City that it owns the
Property and has the authority to enter into this Agreement.
4. Application for Voluntary Annexation. This Agreement shall be incorporated into the
Application for Voluntary Annexation ("Annexation Application"), which was previously submitted
to the City, subject to the terms and conditions of this Agreement.
5. Annexation. Owner previously voluntarily filed the Annexation Application with the
City to annex the Property into the City's boundaries, and the City has initiated the process to
accomplish said annexation in compliance with Section 171.044(2), Florida Statutes, and all other
applicable state and locallaws and regulations. The City approved the voluntary annexation ofthe
Property on First Reading on January 20, 2009. The Annexation Application does not become
effective until finally approved by the City Commission on Second Reading.
6. Effective Date. This Agreement shall become effective following final approval ofthe
Annexation Application and upon the date the last of the parties executes this Agreement.
7. Land Use and Zoning.
(a) The Property is currently designated Institutional and Public Facilities (INST) on the
Palm Beach County Future Land Use Plan Map and is included within Palm Beach
County's Residential Multifamily (RM) zoning category; and
(b) Concurrent with the Annexation Application, Owner submitted applications to the
City to amend the Future Land Use designation of the Property to Local Retail
Commercial (LRC) and change the zoning designation of the Property to C-3
Community Commercial. The City is currently processing these land use and
rezoning applications concurrently with the Annexation Application; and
(c) Owner represents that all existing uses and improvements currently located on the
Property are in conformance with all applicable zoning, land development and
building regulations of Palm Beach County and the City has accepted and relied on
those representations.
8. Prior County Action. City agrees that consistent with Section 171.062, Florida Statutes
and prior to the effective date of the annexation of the Property, to the extent that County has
processed any changes to the land use or zoning on the Property and approved any plates), site
planes) or other development approvals, City will recognize the effectiveness of said approvals
without requiring re-review or additional approval of the City and will permit construction of any
improvements for which unexpired permits have been issued by the County pursuant to said
approvals.
9. Cooperation In Development Approval Process. The City hereby agrees to cooperate
with Owner in good faith in all aspects of the development review process for the Property. In this
regard, the City agrees that its administrative staffwill facilitate all necessary approvals and respond
diligently and expeditiously to all requests and inquiries from Owner regarding such approvals. The
cooperation of the City in facilitating the expeditious development review process does not constitute
an agreement to approve:
(a) Site plans
(b) Variances or waivers
(c) Zoning changes
(d) Certificates of occupancy
( e) Permits (building, electrical, etc. . .)
as approvals ofthat nature are subject to either quasi-judicial review or administrative review by the
City's building official or his designees. Nothing in the Agreement constitutes a promise or
obligation of the City to zone or rezone Owner's property to any zoning designation which is not
consistent with the City's Comprehensive Plan or zoning regulations, as amended from time to time.
The City shall treat the Property as if it was inside City boundaries for purposes of all permitting,
inspections, and approvals for future improvements proposed upon the Property and shall review all
applications in as expeditious a manner as possible.
10. Future Development. City acknowledges that Owner intends to seek future approvals
from the City for construction of a mausoleum and/or crematorium on the Property and confirms that
such use is a conditional use allowed by the City's C-3 Community Commercial zoning regulations,
subject to compliance with all applicable development regulations.
11. Billboard. City acknowledges that Owner intends to submit permit applications to locate
a billboard on a portion ofthe Property. To the extent such a billboard is permitted on the Property
in accordance with that certain Settlement Agreement between City, Florida Outdoor Advertising,
LLC and Gold Coast Advertising, Inc, the City agrees that it will process such request for approval
by the City Commission as it relates to the location of the billboard on the Property. The billboard
shall be located in the Northwest quadrant of the property in a location depicted on Exhibit "B".
12. Public Facilities. The City hereby covenants that all public facilities, as defined in
Section 163.3221, Florida Statutes, including, but not limited to, roads, drainage, police and fire
service, sanitation service, parks and recreation service, and general governmental facilities, will be
available to the Property at levels of service consistent with the City's Comprehensive Plan.
13. Water and Sewer Connections. The Property is not currently connected to the City's
water or sewer system. City acknowledges and agrees that Owner may continue to operate the
Property on well and septic. Owner acknowledges that such connections will be required for the
Property prior to issuance of a certificate of occupancy for any future development proposed on the
Property resulting in an increase in water and septic usage equal to or exceeding five (5%) or Ten
(10) years from the date of this Agreement, whichever occurs first.
14. Financing Assistance. At such time that Owner connects to the City's water and sewer
system, City agrees to finance a portion of Owner's construction costs for installation of materials
and connection to the City's water and sewer lines. Specifically, Owner shall be required to make an
initial payment in the amount of $30,000.00 toward such infrastructure improvements, with the
balance ofthe construction costs borne by the City. Owner shall be required to repay the City on a
monthly basis over a ten (10) year period through a utility bill surcharge
With respect to the installation of a billboard per Paragraph 11, the City shall reimburse the Owner
for site development costs associated with the installation of a billboard that conforms to the terms of
Paragraph 11 in an amount not to exceed $30,000 subject to receipt of certified costs provided by a
licensed professional civil engineer.
The City will also pay, jointly to Owner and the Billboard Vendor, $5,000.00 in consideration of
clarification and limitation of paragraph 8 of the Settlement Agreement between City, Florida
Outdoor Advertising, LLC and Gold Coast Advertising, Inc. which relates to sign lighting.
Notwithstanding any other interpretation of paragraph, sign lighting is limited to lighting devices
which illuminate the sign face from an external appendage to the sign and not lighting that emanates
from within the sign or from the sign face, such as a full color or LED display system. All other
restrictions on lighting contained in paragraph 8 shall continue to apply. Owner shall obtain a written
acknowledgement and consent from the Billboard Vendor with respect to this lighting provision.
15. Recording. This Agreement shall be recorded in the public records of Palm Beach
County, Florida upon execution by all parties hereto.
16. Necessity of Complying with Local Laws. The parties agree that the failure of this
Agreement to address a particular permit, condition, term or restriction shall not relieve Owner ofthe
necessity of complying with the law governing said permitting requirements, conditions, terms or
restrictions.
17. Default. Ifthe City shall default in any ofthe terms, covenants and/or provisions ofthis
Agreement to be performed on the part ofthe City, Owner shall have all rights and remedies against
the City as set forth herein, as well as all rights and remedies available at law and/or in equity,
including, without limitation, the right to specific performance. If Owner shall default in any ofthe
terms, covenants and/or provisions ofthis Agreement to be performed on the part of Owner, the City
shall have all rights and remedies against Owner as set forth herein, as well as all rights and remedies
available at law and/or in equity, including, without limitation, the right to specific performance.
18. Assignabilitv. Neither party shall assign this Agreement or any interest hereunder, in
whole or in part, without the prior written consent ofthe other party, which consent may be withheld
for any reason in their sole and absolute discretion.
19. Miscellaneous.
(a) Entire Agreement. This Agreement sets forth all ofthe promises, covenants,
agreements, conditions and understandings between the parties hereto, and
supersedes all prior and contemporaneous agreements, understandings,
inducements or conditions, express or implied, oral or written.
(b) Pronouns. All pronouns and any variations thereof shall be deemed to refer
to the masculine and neuter, singular or plural, as the identity ofthe party or
parties, personal representatives, successors or assigns may require.
(c) Severability. The invalidity of the provisions hereof shall in no way affect or
invalidate the remainder of this Agreement.
(d) Counterpart. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which shall together
constitute one in the same instrument.
(e) Headings. The headings contained in this Agreement are inserted for
convenience only and shall not effect, in any way, the meaning or
interpretation of the Agreement.
(f) Governing Law. This Agreement shall be construed in accordance with the
laws of the State of Florida, and any proceeding arising between the parties in
any manner pertaining to this Agreement shall, to the extent permitted by law,
be held in Palm Beach County, Florida.
(g) Binding Effect. The obligations imposed pursuant to this Agreement upon
the Property shall run with and bind the Property as covenants running with
the Property and this Agreement shall be binding upon and enforceable by the
parties hereto, their personal representatives, heirs, successors, grantees.
[THE REMAINDER OF THIS P AGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the parties hereto have executed this Annexation Agreement as of
the day and year written above.
WITNESSES:
NORTHSTAR PALM BEACH, LLC,
a Florida limited liability company
Print Name
By:
Print Name
STATE OF
)
) SS:
)
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by , as for
NORTH STAR PALM BEACH, LLC, a Florida limited liability company, freely and voluntarily,
who are personally known to me or who has produced as identification.
WITNESS my hand and official seal in the County and State last aforesaid this _ day of
,2009.
Notary Public
Typed, printed or stamped name of Notary Public
My Commission Expires:
ATTEST:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
CITY
CITY OF BOYNTON BEACH
By:
Mayor
day of
,2009.
cr
XII. - LEGAL
ITEM D.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting: Turned in to Citv Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 April 21, 2009 April 6, 2009 (Noon) 0 June 16,2009 June I, 2009 (Noon)
0 Mav 5, 2009 April 20, 2009 (Noon) 0 July 7,2009 June 15, 2009 nNoon)
0 May 19,2009 May4,2009(Noon) 0 July 21, 2009 July 6, 2009 (Noon)
[gI June 2, 2009 May 18, 2009 (Noon) 0 August 4, 2009 July 20, 2009 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [gI Consent Agenda [gI Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this request on the June 2, 2009 City Connnission Agenda under Consent
Agenda - Resolutions. Staff forwards this Resolution, approving and authorizing execution of an Annexation Agreement as
part of the annexation of the Sam's Club property. For further information on this request, please see the explanation below,
the accompanying resolution and proposed annexation agreement.
EXPLANATION: Staff summarized the many issues related to the annexation of the Palm Beach Memorial Park and
Sam's Club properties in prior agenda items to the City Connnission, including the October, 2008 item requesting
authorization to enter into a utility extension agreement with Palm Beach Memorial Park (see Attachment "A"), and the April
21 st update report (see Attachment "B"). Staff included in the update report an explanation on the use of separate annexation
agreements to address the principal issues. The subject resolution covers the annexation agreement with Walmart Stores Inc.
The Palm Beach Memorial Park/Sam's Club land use amendment was approved by Connnission for transmittal to the DCA
on January 20,2009, and final adoption is also scheduled for June 2nd. The annexation agreement primarily achieves the
following: 1) acknowledges the built and compliant status of the existing improvements; 2) recognizes the deficiencies in
landscaping along the southern boundary of the project and requires the rectification of said deficiencies prior to issuance of
any subsequent building permits; 3) acknowledges the plans to add an accessory fuel service center to the property and
remodel portions of the existing fayade and entry; and 4) ensures that any prerequisite code amendments related to fuel sales
would be initiated by the City. A general location map is attached hereto as Attachment "C".
PROGRAM IMP ACT: This process and corresponding prerequisites are necessary for the ultimate annexation of
approximately 45 acres ofland along North Seacrest Boulevard.
FISCAL IMPACT: The overall annexations (the Palm Beach Memorial Park/Sam's Club properties and the pocket
properties) are anticipated to contribute approximately $120,000 to the City's annual property tax revenues.
ALTERNATIVES:
Not approved the resolution which is a prerequisite to the annexation of the subject property.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
dAA-~~/~~
City Manager's Signature
Assistant to City Manager ~
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Planning and iJtling Director City Attorney / Finance
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l'
1 RESOLUTION NO. R09- OeS-
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 BOYNTON BEACH, FLORIDA, APPROVING AND
5 AUTHORIZING THE MAYOR TO EXECUTE AN
6 AGREEMENT BETWEEN THE CITY OF BOYNTON
7 BEACH AND W AL-MART STORES, INC., ADELA W ARE
8 CORPORATION, REGARDING ANNEXATION OF W AL-
9 MART STORES ("SAM'S CLUB") PROPERTY INTO THE
10 CITY BOUNDARY.
11
12
13 WHEREAS, WAL-MART STORES, INC. is the fee simple owner of certain real
14 property located in unincorporated Palm Beach County, Florida ("County") which is located at
15 7233 Seacrest Boulevard in the City; and
16 WHEREAS, the Parties desire to annex the Property into the City's municipal
17 boundaries and have initiated the process required by law to enact an ordinance adopting a
18 petition for voluntary annexation of the Property into the City, pursuant to Section 171.044(2),
19 Florida Statutes ("Annexation"); and
20 WHEREAS, Owner has previously constructed certain improvements for commercial,
21 retail and service uses on the Property; and
22 WHEREAS, the parties desire to enter into this Agreement to memorialize and
23 document their understanding and agreement with respect to annexation, future development
24 and use of the Property; and
25 WHEREAS, the City Commission of the City of Boynton Beach, upon
26 recommendation of staff, deems it to be in the best interest of the residents and citizens of the
27 City of Boynton Beach to approve the Annexation Agreement between the City of Boynton
28 Beach and W AL-MART STORES, INC..
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
Each Whereas clause set forth above is true and correct and incorporated
3
2 herein by this reference.
Section 2.
The City Commission of the City of Boynton Beach, Florida does hereby
4
I approve and authorize the Mayor the execute the Annexation Agreement between the City of
,Boynton Beach and W AL-MART STORES INe. to document their understanding and
5
6
Mayor, Jerry Taylor
agreement with respect to annexation and subsequent improvement of the Property; a copy of
7
said Annexation Agreement is attached hereto as Exhibit "A".
8
Section 3.
That this resolution becomes effective immediately upon passage.
9
10
11
12
13
14
15
16
17
18
19
PASSED AND ADOPTED this _ day of June, 2009.
CITY OF BOYNTON BEACH, FLORIDA
I
I
I
I
i
I
I
i
I
I ATTEST:
I
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
20
Commissioner - Jose Rodriguez
21
22
23
24
25
26
Commissioner - Marlene Ross
Janet M. Prainito, CMC
City Clerk
27 (Corporate Seal)
28
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ATTACHMENT A
VI-CONSENT AGENDA
ITE M J.
:::
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to CilV Clerk's Office Meeting Dates In to C11V Clerk's Office
D August 19, 2008 Augus14,2008 QNoon) [8:J October 21,2008 October 6,2008 QNoon)
0 September 2, 2008 August 18,2008 (Noon) 0 November 5, 2008 October 20, 2008 (Noon)
0 September 16, 2008 September 2,2008 (Noon) 0 November 18,2008 November 3,2008 (Noon)
0 October 7, 2008 September 15, 2008 (Noon) 0 December 2, 2008 November] 7, 2008 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative D New Business
AGENDA ITEM !Zl Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA nON: Possible Annexation of Property at Hypoluxo and Seacrest - Authorize Staff to enter into utility
extension agreement with Palm Beach Memorial Park with a cost recovery of City costs over a 10 year period. Authorize
staff to prepare amendment of 200 1 B i1Iboard Consent Decree.
EXPLANA nON: The City has been discussing the annexation of Palm Beach Memorial Park, a 2S.6 acre parcel of property
located on the west side of Sea crest near Hypoluxo. The property is used as a cemetery and funeral home. The City
previously entered into water and sewer pre-annexation agreements with property to the north which includes a Sam's Club,
Best Western Hotel, Popeye's Chicken, Taco Bell and Pizza Hut. The terms of the agreement require these parcels to annex
to the City when they become contiguous to the City limits. The path to gaining contiguity is annexation of the cemetery
property. Recently, the City was also contacted by Sam's Club because they desire to install a retail fueling facility at this
store. Staff suggested that Sam's Club work with Palm Beach Memorial Park to consider ajoint application for annexation.
Staff'met with representatives of both Sam's Club and Palm Beach Memorial Park last week to further discuss the annexation.
Palm Beach Memorial Park desires to hook up to the City's utility system for the two buildings on their property (Funeral
Home and Office). The estimated cost of the extension of utilities to serve both buildings is between $100,000 and $1 ]0,000,
according to Boynton Beach Utilities. While the lines would be constructed by a private contractor, Palm Beach Memorial
Park has requested City cost participation in the construction of these lines. Staff is proposing that Palm Beach Memorial
Park pay for $30,000 of the utility and fee costs with the balance of the project costs be paid by the City with a] 0 -year
payback provision as part ofa utility bill surcharge. Palm Beach Memorial Park has tentatively agreed to this arrangement.
]n addition, the cemetery is requesting authorization from the City to allow the installation ofthe one of two remaining 1-95
billboards from the 200 I Consent Decree. This would provide a revenue stream for the property owner. Location of a
billboard on the cemetery property will require that the Consent Decree be amended. Subject to an acceptable location of the
sign on the cemetery property, staff supports the location of one of the two remaining billboards onto the cemetery property.
The working relationship between the City and Hardin Holdings (the billboard company) has been very good, Sam's Club
upon annexation proposes to install the retail fueling facility, which is very similar to the one at BJ's Wholesale Club.
PROGRAM IMP ACT: The annexation of Palm Beach Memorial Park will allow the City to also annex the commercial
property at the SW corner of Hypoluxo and Seacrest. All businesses except the gas station at the SW corner have signed
utility pre-annexation agreements with Boynton Beach. Because the proposed land use amendment requires review by the
Florida Department of Community Affairs (DCA) as part ofthe semi-annual program review, the annexation cannot take
place until calendar year 2009 meaning that the City will not receive property taxes until 2010.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT: Based on the 2008 property tax rate of .64553, the assemblage of property will contribute S120.000
annual1y to the City in property tax revenues beginning in 2010. The estimate is based on the following calculations
Property Tax Calculation - Seacrest/Hypoluxo Annexation
2008 B8 Rate> >
0.64553
BuSiness Name
Address Street
peN
2008 Value
Per PAPA Site
Projected
Taxes to 86
2008 Rate
Sam's Club 7233 Seacrest Blvd 00-43-45-09- 23 -000-00 1 0 $ 10,222,556 $ 65,990
Best Western 7051 Seacrest Blvd 00-43-45-09- 23-000- 0022 $ 4,604,099 $ 29,72.1
Taco Bell/Pizza Hut 7035 Sea crest Blvd 00-43-45-09-23-000-0030 $ 1,358,275 $ 8,768
Popeyes Chicken 7049 Seacrest Blvd 00-43-45-09-23-000-0021 $ 869,583 $ 5,613
Palm Beach Memorial Park 3691 Sea crest Blvd 00-43-45-09-05-001-0020 $ 1,580,000 $ 10, 1 99
Est Annual to City $ [20,291
(After 1/1/2010)
KB: 10/12/08
AL TERNA TIVES: Do not authorize staff to enter into the utility cost-sharing agreement and the amendment to the
billboard consent decree with Palm Beach Memorial Park. This will stop the annexation discussions with Palm Beach
Memorial Park and cause Sam's Club to either abandon their business expansion plans, seek annexation to the Town of
Lantana or secure approval of their expansion plan from Palm Beach County even though they prefer annexation into
Boynton Be~h.J
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Department Head's Signature Ci Manager's Sig;;ture
Assistant to City Manager
C:IH1---
City Attorney! Finance
Department Name
S \BULLET1N\FORMS\ACiENDA ITEM REQUEST FORM DOC
ATTACHMENT B
IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM E
AGENDA ITEM REQUEST FORNI
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in 10 City Clerk's
Office
19,2009
o June 16, 2009
June 2, 2009
st 4, 2009
5 2009
7,2009
0 AnnouncementslPresentations tgj City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent A~enda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished. Business
0 Public Hearing 0
RECOMMENDATION: Please place this request on the April 21, 2009 City Commission Agenda under City
Manager's Report. This item is a Status Report on the Voluntary Annexation of the Palm Beach Memorial Park and Sam's
Club properties.
EXPLANATION: The Palm Beach Memorial Park/Sam's Club land use amendment was approved by Commission
for transmittal to the DCA on January 20,2009, and we understand that the DCA has completed its review without objections
(written confirmation from the DCA is expected this week). This is not a simple annexation; there are many issues
accompanying it which staffhas at least partially explained in the initial information item presented to the Cormnission in
October of 2008, and within the project staff report. The issues are best summarized individually, along with the
corresponding solutions and status. The issues are as follows:
1) Creation of unincorporated "pocket" - This "pocket" is created by the annexation of the uniquely figured Sam's
Club property which includes a "froger" extension north to Hypoluxo Road. This includes an access road for Sam's Club but
which is also the sole access drive for three unincorporated properties (consisting of 1 hotel and 3 restaurants). Consequently,
access to the unincorporated properties will be severed by the incorporation (although physical access is maintained),
therefore arguably failing the "compactness" test of Florida Statutes, which is an issue raised by County staff. SOLUTION:
Execute an ILA with the County. Since the properties are also subject to a water service/annexation agreement similar to the
Sam's Club property, they are annexable once contiguous, which will be attained following annexation of the Memorial Park
and Sam's Club properties. The ultimate annexation of the three properties would resolve the compactness issue raised by the
County, and as an interim measure and evidence of intent, city staff offered to enter into an ILA that would document the
city's plan to annex this "pocket". STATUS: The ILA has been drafted by County staff and will be considered by the City
Commission concurrent with the final adoption of the annexation ordinance (see below for status). Although the ILA was also
to transfer public safety responsibility (for the pocket and adjacent Hypoluxo Road) to the City in advance of annexation, the
Sheriff's Office prefers to continue providing service until ultimately annexed into Boynton Beach.
2) Conditions of annexation - Recall that representatives for the properties both have conditions of annexation to
ensure the successful implementation of their respective business plans and/or to avoid uncertainty relative to utility hook-up
costs. More specifically, the issues include the immediate desire to lease space for a billboard, the eventual plans to build a
crematorium, the timing of installation of and payment for utility hookups, and the planned addition of accessory fuel sales to
the Sam's Club operation. SOLUTION: Annexation agreements will be considered for execution concurrent with adoption of
the annexation ordinance. An agreement with the respective property owners will achieve the necessary recognition,
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
commitment, documentation, necessary in connection with the needs of the two property owners. With respect to the
billboard, its ultimate location on the property will be pursuant to the provisions of a 200 1 settlement agreement, whIch
requires it to be separated from a residential use by at least 250 feet. It should also be noted that one commitment will mclude,
as anticipated, the timely amendment of the City's LDRs to amend setback requirements applicable to accessory fuel sale
operations in a Planned Commercial Development zoning district (PCD). STATUS: The agreements are in the process of
being drafted, through the necessary communications between the agent for the applications and the CIty Attorney. The
agreements will be forwarded for Commission consideration concurrent with Final Reading of the annexation ordinance
Lastly, the applicant has requested an amendment to the 2001 billboard consent decree to allow placement of a billboard at a
setback of 150 feet. This request is being reviewed by City staff.
As for the DCA's review process, the proposed amendment to the City's Comprehensive Plan Future Land Use Map has been
reviewed by the State (the State does not review the corresponding applications for annexation and rezoning). A verbal,
informal communication was received from the State indicating that the State's review was finished and there would be 11"
objections raised. Staff anticipates receiving the official written notice from the State this week. Once received, the Clt} may
proceed to the adoption stage which includes another legal notice placed in the newspaper. Depending upon the status of the
corresponding annexation agreements, staff anticipates placing this on either the May 19th or June 2nd Commission agenda
PROGRAM IMP ACT: This process and corresponding prerequisites are necessary for the ultimate annexation of
approximately 45 acres of land along North Seacrest Boulevard,
FISCAL IMPACT: The overall annexations (the Palm Beach Mernonal Park/Sam's Club properties and the pocket
properties) are anticipated to contribute approximately $120,000 to the City's annual property tax revenues.
ALTERNATIVES: Information only; no action is required at this time. ~
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, Devel ment l>epartmentDirector City Manager's Signature: ~
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S:\PlanningISHAREDIWP\PROJECTS\Sams Club PB Memoria\\ANEX 0<)-001 \Agenda Item Request 4-21-()<J - Status only.doc
S:IBULLET1N\FORMSIAGENDA ITEM REQUEST FORM.DUl'
ATTACHMENT C
SAM'S CLUB AND NORTHSTAR PROPERTIES
.
150 75 0
P"""IiII
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150 300 450
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 21, 2009
The original motion passed 4-1. (Commissioner Weiland dissenting)
D. Discussion regarding Energy Efficiency and Conservation Block Grant
Ms. Lejeune explained the American Recovery and Reinvestment Act (ARRA) was the stimulus
funding and a team had been established with staff from the City and CRA to diligently search
for funding possibilities. Other funds have already been sought and now the Energy Efficiency
and Conservation Block Grant is targeted to reduce fossil fuel emissions, total energy use and
improve energy efficiency in the building and transportation sector. The team reviewed the
priorities and created a program to submit for award. The program would create a revolving
loan fund program to provide energy efficiencies for both private and public buildings.
Partnerships with other governmental agencies as well as private organizations could be formed
to coordinate and facilitate even greater use of the funding. It could also be structured to be
available for low income families and provide assistance applying for other funds. In total, the
grant monies would stimulate the economy, create new jobs and increase permit applications.
Ms. Lejeune further reported $250,000 would be available to hire a consultant to create the
energy efficiency conservation strategy required to meet the funding criteria. Staff
recommended the Commission allow the application to be submitted to create the strategy,
develop the revolving loan fund program and public facilities energy audit and retrofit. Mayor
Taylor established there would be no match in funding required by the City. Administrative
costs would be included in a $75,000 allotment. After those funds were exhausted there may
be additional administrative costs to keep the program active.
Motion
Commissioner Ross moved to endorse the submittal of the application through ARRA for the
Energy Efficiency and Conservation Block Grant. Vice Mayor Hay seconded the motion. The
motion passed unanimously.
E. Status Report on the Voluntary Annexation of the Palm Beach Memorial Park and
Sam'~ Club properties.
Mr. Rumpf reported the annexation continues to move forward jointly for over 40 acres
including the Sam's Club properties and Palm Beach Memorial Park. A resolution would be
needed to cover an interlocal agreement with Palm Beach County relating to the State law of
annexation requiring compactness. There is a pocket created that could only be accessed
through a shared drive with Sam's Club that can only be annexed once it becomes contiguous
to the City boundaries. It includes a hotel and restaurants. Mr. Rumpf indicated the expansion
of utilities and a billboard to the cemetery property and a fuel pump operation for Sam's Club
are part of the annexation agreements and may be amendments to the settlement.
X. FUTURE AGENDA ITEMS:
A. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum
(Deferred pending future grant opportunities)
23
ANNEXATION AGREEMENT
THIS ANNEXA nON AGREEMENT ("Agreement") is made and entered into this _
day of ,2009 by and between the CITY OF BOYNTON BEACH, FLORIDA, a
municipal corporation ("City"), and W AL-MART STORES, INC., a Delaware corporation
("Owner").
WIT N E SSE T H:
WHEREAS, Owner is the fee simple owner of certain real property located in unincorporated
Palm Beach County, Florida ("County") which is located at 7233 Seacrest Boulevard in the City and
is legally described in Exhibit "A" attached hereto and made a part hereof ("Property"); and
WHEREAS, the Parties desire to annex the Property into the City's municipal boundaries and
have initiated the process required by law to enact an ordinance adopting a petition for voluntary
annexation of the Property into the City, pursuant to Section 171.044(2), Florida Statutes
("Annexation"); and
WHEREAS, the City has determined that the Property is contiguous to the City and
reasonably compact, and the City desires to annex the Property into the City; and
WHEREAS, Owner has previously constructed certain improvements for commercial, retail
and service uses on the Property; and
WHEREAS, the parties believe it is in their mutual best interest to initiate the process
required by law to enable Owner to maintain, operate and develop the Property in accordance with
the terms and provisions of this Agreement; and
WHEREAS, the parties desire to enter into this Agreement to memorialize their
understanding and agreement with respect to annexation of the Property.
NOW, THEREFORE, in consideration of the mutual promises, undertakings, terms and
conditions set forth herein, the parties mutually agree as follows:
1. Recitals: Exhibits. The foregoing recitations are true and correct and are hereby
incorporated herein by reference and are valid and binding on the parties hereto. All exhibits to this
Agreement are incorporated by reference, are hereby deemed a part hereof and are valid and binding
on the parties hereto.
2. Legal Authority. This Agreement is entered into under the authority of the Florida
Constitution (including Article VIII, Section 2(b) thereof), the general powers conferred upon
municipalities by statute and otherwise, the Municipal Annexation or Contract Act ("Annexation
Act"), Florida Statutes Section 171.011 et seq., and the City's Charter.
3. Property Ownership. Owner acknowledges and represents to the City that it owns the
Property and has the authority to enter into this Agreement.
4. Application for Voluntary Annexation. This Agreement shall be incorporated into the
Application for Voluntary Annexation ("Annexation Application"), which was previously submitted
to the City, subject to the terms and conditions of this Agreement.
5. Annexation. Owner previously voluntarily filed the Annexation Application with the
City to annex the Property into the City's boundaries, and the City has initiated the process to
accomplish said annexation in compliance with Section 171.044(2), Florida Statutes, and all other
applicable state and local laws and regulations. The City approved the voluntary annexation ofthe
Property on First Reading on January 20, 2009. The Annexation Application does not become
effective until finally approved by the City Commission on Second Reading.
6. Effective Date. This Agreement shall become effective following final approval of the
Annexation Application and upon the date the last of the parties executes this Agreement.
7. Land Use and Zoning.
(a) The Property is currently designated Commercial High with a maximum 5 dwelling
units per acre (CH/5) on the Palm Beach County Future Land Use Plan Map and is
included within Palm Beach County's General Commercial (CG) zoning category;
and
(b) Concurrent with the Annexation Application, Owner submitted applications to the
City to amend the Future Land Use designation of the Property to Local Retail
Commercial (LRC) and change the zoning designation of the Property to Planned
Commercial Development (PCD); and
(c) Owner represents that all existing uses and improvements currently located on the
Property are in conformance with all applicable zoning, land development and
building regulations of Palm Beach County and the City has accepted and relied on
those representations.
8. Prior County Action. City agrees that consistent with Section 171.062, Florida Statutes
and prior to the effective date of the annexation of the Property, to the extent that County has
processed any changes to the land use or zoning on the Property and approved any plates), site
planes) or other development approvals, City will recognize the effectiveness of said approvals
without requiring re-review or additional approval of the City and will permit construction of any
improvements for which unexpired permits have been issued by the County pursuant to said
approvals.
9. Cooperation In Development Approval Process. The City hereby agrees to cooperate
with Owner in good faith in all aspects ofthe development review process for the Property. In this
regard, the City agrees that its administrative staffwill facilitate all necessary approvals and respond
diligently and expeditiously to all requests and inquiries from Owner regarding such approvals. The
cooperation ofthe City in facilitating the expeditious development review process does not constitute
an agreement to approve :
(a) Site plans
(b) Variances or waivers
(c) Zoning changes
(d) Certificates of occupancy
(e) Permits (building, electrical, etc...)
as approvals ofthat nature are subject to either quasi-judicial review or administrative review by the
City's building official or his designees. Nothing in the Agreement constitutes a promise or
obligation of the City to zone or rezone Owner's property to any zoning designation which is not
consistent with the City's Comprehensive Plan or zoning regulations, as amended from time to time.
Owner acknowledges that the buffer on the south side of the property shall be improved in
accordance with the conceptual landscape plan attached hereto as Exhibit "B". Such improvements
shall be completed prior to issuance of a building permit for any future redevelopment of the
Property.
The City shall treat the Property as if it was inside City boundaries for purposes of all permitting,
inspections, and approvals for future improvements proposed upon the Property and shall review all
applications in as expeditious a manner as possible.
10. Future Development. City acknowledges that Owner intends to seek future approvals
from the City for development of a fuel service center and to remodel portions ofthe existing store
building substantially in accordance with the Master Plan attached hereto as Exhibit "B". City
further acknowledges that it has reviewed the attached Master Plan in association with the PCD
rezoning application and, pending approval ofthe PCD rezoning application, agrees that the Master
Plan complies with PCD zoning regulations, subject to compliance with applicable development
regulations during the City's site plan review and approval process.
11. Code Amendment. City shall initiate an amendment to its Code of Ordinances in order to
modify right-of-way setback requirements related to fuel service uses within the PCD zoning district
and corresponding PCD zoning application.
12. Use of Property. It is expressly agreed that nothing contained in this Agreement or
otherwise shall be construed to contain a covenant, either express or implied, on the part of Owner to
develop or redevelop the Property, to commence the operation of a business, or to thereafter
continuously operate a business by Wal-Mart on the Property. City acknowledges and agrees that
Wal-Mart may, at Wal-Mart's sole and absolute discretion and at anytime, cease the operation of its
business on the Property.
13. Property Taxes. City acknowledges that upon annexation of the Property, the Property
will be subject to City ad valorem taxes at a millage rate of 6.4553, which is subject to annual
adjustments by the City in accordance with state law.
14. Public Facilities. The City hereby covenants that all public facilities, as defined in
Section 163.3221, Florida Statutes, including, but not limited to, roads, drainage, police and fire
service, sanitation service, parks and recreation service, and general governmental facilities, will be
available to the Property at levels of service consistent with the City's Comprehensive Plan. City
further acknowledges that the Property has previously connected to the City's water and sewer
systems and paid City connection costs associated therewith.
15. Recording. This Agreement shall be recorded in the public records of Palm Beach
County, Florida upon execution by all parties hereto.
16. Necessity of Complying with Local Laws. The parties agree that the failure of this
Agreement to address a particular permit, condition, term or restriction shall not relieve Owner ofthe
necessity of complying with the law governing said permitting requirements, conditions, terms or
restrictions.
17. Default. Ifthe City shall default in any ofthe terms, covenants and/or provisions ofthis
Agreement to be performed on the part ofthe City, Owner shall have all rights and remedies against
the City as set forth herein, as well as all rights and remedies available at law and/or in equity,
including, without limitation, the right to specific performance. If Owner shall default in any ofthe
terms, covenants and/or provisions ofthis Agreement to be performed on the part of Owner, the City
shall have all rights and remedies against Owner as set forth herein, as well as all rights and remedies
available at law and/or in equity, including, without limitation, the right to specific performance.
18. Assignability. Neither party shall assign this Agreement or any interest hereunder, in
whole or in part, without the prior written consent ofthe other party, which consent may be withheld
for any reason in their sole and absolute discretion.
19. Miscellaneous.
(a) Entire Agreement. This Agreement sets forth all ofthe promises, covenants,
agreements, conditions and understandings between the parties hereto, and
supersedes all prior and contemporaneous agreements, understandings,
inducements or conditions, express or implied, oral or written.
(b) Pronouns. All pronouns and any variations thereof shall be deemed to refer
to the masculine and neuter, singular or plural, as the identity of the party or
parties, personal representatives, successors or assigns may require.
(c) Severability. The invalidity ofthe provisions hereof shall in no way affect or
invalidate the remainder of this Agreement.
(d) Counterpart. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which shall together
constitute one in the same instrument.
(e) Headings. The headings contained in this Agreement are inserted for
convenience only and shall not effect, in any way, the meaning or
interpretation of the Agreement.
(f) Governing Law. This Agreement shall be construed in accordance with the
laws of the State of Florida, and any proceeding arising between the parties in
any manner pertaining to this Agreement shall, to the extent permitted by law,
be held in Palm Beach County, Florida.
(g) Binding Effect. The obligations imposed pursuant to this Agreement upon
the Property shall run with and bind the Property as covenants running with
the Property and this Agreement shall be binding upon and enforceable by the
parties hereto, their personal representatives, heirs, successors, grantees.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the parties hereto have executed this Annexation Agreement as of
the day and year written above.
WITNESSES:
W AL-MART STORES, INe., a Delaware
corporation
Print Name
By:
J. Chris Callaway,
Regional Vice President,
Design & Real Estate
Address: 2001 S.E. 10th Street
Bentonville, AR 72716-0550
Print Name
STATE OF
COUNTY OF
)
) SS:
)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by , as for W AL-
MART STORES, INC., freely and voluntarily, who are personally known to me or who has
produced as identification.
WITNESS my hand and official seal in the County and State last aforesaid this _ day of
,2009.
Notary Public
Typed, printed or stamped name of Notary Public
My Commission Expires:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM:
By:
City Attorney
CITY
CITY OF BOYNTON BEACH
By:
day of
,2009.
XII. - LEGAL
ITEM E.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to Citv Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Offi ce Office
0 April 2 L 2009 April 6, 2009 (Noon) 0 June 16, 2009 June I, 2009 (Noon)
0 May 5, 2009 April 20, 2009 (Noon) 0
0 May] 9, 2009 May 4, 2009 (Noon) 0
[8J June 2, 2009 May 18,2009 (Noon) 0
0 AnnouncementslPresentations 0 Citv Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda [8J Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION:
Acknowledge acceptance of Hold Hannless Agreement and approve Bill of Sale for Boat
Dock at NE 1 ih A venue
EXPLANA TION:
Attached are the companion documents to the abandonment of the NE l1h Avenue canal.
PROGRAM IMPACT:
Approval of the abandonment and conveyance of dock will relieve the City of future
maintenance obligations.
FISCAL IMPACT:
Minimal; routine maintenance expenses associated with the dock will cease.
AL TERNA TlVES:
None
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Department Head's Signature
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City Attorney
Assistant to City Manager
Department Name
City Attorney / Finance
S\BULLEllN\FORMS\AGENDA ITEM REQUEST FORM DOC
Return to and Prepared by:
Vincent J. Piazza
1\1athews & Piazza. P.A.
U25 S. Congress Ave.. Suite 104
Eh1y'nton Beach. Fl. 33426
DOCK INDEMNIFICATION AGREEMENT
THIS DOCK INDEl\1NIFICA TION AGREEMENT is made as of the da\ ,.j
-_."--~._._~~ .
2009. by the CITY OF BOYNTON BEACH. a political subdivision. ("CIT)'"'I.
Mariner's \Vay Association. Ine a Florida non profit corporation. ("i\1ariner HOA").
Constantine Management Company. L.P.. a California limited partnership. ("South Owner") and
David Hemingway and Robin Hemingway (collectively "North Owner").
PRE A M B L E:
As part of certain plat known as "Wilms Way Plat" recorded in Plat Book 23. Page] 111
of the Public Records of Palm Beach County Florida. the public was dedicated a road right 1)1
way on Maryland A venue n1kJa NE 1 th A venue for the perpetual use as a public highway.
The public dedication of NE 1 ih A venue falls within the purview of the authority uf the
CITY.
In accordance with Resolution . the CITY abandoned that certain
submerged portion ofNE lih Avenue ("Abandoned Road") improved by a dock owned by
Mariner HOA and South Owner, and subject to NOJih Owner's exclusive right tu use and OCCUpy
the northern half of the dock consistent with the provisions of the Declaration ul Restrictions t d
Mariner's \\/av. as amended.
As part of the abandonment, CITY desires to obtain an indemnity and hold harmless
agreement from Mariner HOA and South Owner regarding the dock.
Mariner HOA desires to obtain an indemnity and hold harmless agreement from l\orth
Owner as the exclusive possessor and user of the northern half ufthe dock.
The parties desire to provide evidence of and specifically set forth the duties and
obligations \'.'ith respect to the indemnities for the dock.
In consideration of the foregoing. the premises and mutual benefits and covenants
contained herein, and other good and valuable consideration provided by the terms of the
Agreement. the sutTiciency and receipt of which is hereby acknowledged. the parties agree as
follows:
]. r\1ariner's HOA shall indemnify the CITY against and san' (Try harmless 11-\111';
any and all damages, costs and expenses which are actually incurred or suffered hy CITY at cll1\
time or times arising from personal injuries sustained by persons on the northern half ()f the
abandoned property including, without limitation. reasonable attorney fees and court costs.
2. South Owner, at its sole cost and expense, shall indemnify the CITY against and
save CITY harmless from any and all damages, costs and expenses of any kind or of any nature
whatsoever which may be actually incurred or suffered by CITY at any time or times arising
from or out of activities on or about, or alleged to be on or about, the southern half of the dock,
including without limitation, reasonable attorney fees and court costs.
3. North Owner shall indemnify Mariner's HOA against and save Mariner's HOA
harmless from any and all damages, costs and expenses which are actually incurred or suffered
by Mariner's HOA at any time or times arising from personal injuries sustained by persons on
the northern half of the abandoned property including, without limitation, reasonable attorney
fees and court costs. In addition, North Owner shall indemnify Mariner's HOA for any sums
Mariner's HOA may incur to City consistent with its obligation to indemnify the City as
provided in this agreement.
4. North Owner, at all times, shall maintain a comprehensive general liability
insurance policy on the north half of the dock.
5. No provision of this Agreement may be changed, waived, discharged or
terminated except by an instrument in writing signed by the party or parties who may reasonably
be construed to benefit from the language sought to be changed, waived or discharged.
6. This Agreement and the rights and obligations of the parties hereunder shall in all
respects be governed by, construed and enforced in accordance with, the laws of the State of
Florida.
7. The covenants and provisions of this Agreement shall run with the abandoned
property.
IN WITNESS WHEREOF, the undersigned have executed this Agreement on the day
and year first above written
WITNESSES:
CITY:
City of Boynton Beach
By:
Mariner's Way Association, Inc., a Florida non
profit corporation
By: Steve Fleck, as its President
('( 1l1stantlJ1e \ 1anaL!ement I nmp:u)"
('cllifornia limited p:lrll1crship
jt
B\,'
. (Jeneral Pamter
David Hemingway
Robin Heming\vay
State of Florida )
)
County of Palm Beach)
SWORN TO AND SUBSCRIBED before me this day of _~__,__' 2009 h\
of the City of Bovnton Beach. \\hl)
provided
-
as proof of identification.
NOTARY PUBLlC-STA TF OF FLORrD.\
My commission expires:
State of Florida
)
County of Palm Beach)
SWOR\J TO AND SUBSCRIBED before me this day of ..'____~_.___~. .2fJ()lj !"
Steve Fleck. President of Mariner's Way Association. Inc.. a Florida non profit corpnration \\ hi'
provided as proof of identitication.
NOTAR'{ Pt :BLfC.STATF OF FLORID \
My commission expires:
State of
)
)
)
County of
SWORN TO AND SUBSCRIBED before me this _ day of , 2009 by
, as general partner for Constantine Management Company, L.P., a
California limited partnership, who provided as proof of identification.
NOTARY PUBLIC-STATE OF FLORIDA
My commission expires:
State of Florida )
)
County of Palm Beach)
SWORN TO AND SUBSCRIBED before me this _ day of
David Hemingway and Robin Hemingway who provided
identification.
, 2009 by
as proof of
NOTARY PUBLIC-STATE OF FLORIDA
My commission expires:
W'\WPDOCS\Mariners Way\GC\Abandomenllndemnily Agreement v2.doc
4
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS THAT CITY OF BOYNTON BEACI1. ,:
political subdivision, in the County of Palm Beach. State of Florida, pm1ies orthefirst part. for and
in consideration of the sum ofTEN DOLLARS and other good and valuable considerations, la\\ lul
money of the United States. to them paid by MARINER'S WAY ASSOCIATION. lNC.. a Florid;)
non profit corporation, parties ofthe second part. the receipt whereof is hereby acknowledged. ha"
granted. bargained, sold. transferred and delivered. and by these presents does grant. bargain. sel i
transfer and deliver unto the said parties of the second part. their executurs. adminIstrators ,m 1
assigns. the follovv'ing:
That Northerly 37.5 feet of that certain dock adjacent to that certain bulkhead 10catL'd
Easterly of the intersection ofN.E. 12th Avenue and N.E. 12th Terrace and South of Lot 1 ,':
Mariners Way. according to the Plat thereof, as recorded in Plat Book 52. Page 193 of the
Public Records of Palm Beach County. Florida and North of Lot 1 of Lake \\'orth Marine!
Village. accordmg to the Plat thereof, recorded in Plat Book 33. Pages 4] and 42 of the
Public Records of Palm Beach County Florida. having the approximate dimensions ofJ;~,
feet in length and 3 feet in width.
TO HAVE AND TO HOLD the same unto the said parties ofthe second part. their executur'-
administrators and assigns forever.
AND thev do. for them and their heirs. executors and administrators. covenant to and \Slth
the said parties ofthe second part. their executors. administrators and assigns. that tbey are the lavvful
o\vners of the said goods and cbatte1s: that they are free from all encumbrances. that they bave gU\lll
right to sell tbe said aforesaid, and that they will warrant and defend the sale of the said propen\
goods and chattels hereby made, unto the said parties of the second part. their executnr-
administrators and assigns against the lawful claims and demands of all persons whomsoever.
IN WITNESS WHEREOF. they have hereunto set their hand and seal this
. 2009.
del'. "I
Signed. sealed and delivered
in the presence of:
City of Boynton Beach
Bv:
Witness
Printed NClme of Witness
Witness
Printed Name of Witness
STA TE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
2007, by , as
Boynton Beach, who is personally known to me or who has produced
as identification.
Name:
Notary Public-State of
Commission No.:
My commission expires:
,
of the City of
BILL OF SALE
KNO\V ALL MEN BY THESE PRESENTS THAT CITY OF BOYNTUN BEACl L ,:
political subdivision, in the County of Palm Beach, State of Florida, parties of the first part. for and
in consideration ot'the sum ofTEN DOLLARS and other good and valuable considerations. la\vful
money of the United States. to them paid by CONSTANTINE MANAGEMENT COJ\1P L\NY. IP
a California limited partnership. parties of the second part. the receipt whereof is hen.:h\
acknowledged. has granted. bargained. sold. transferred and delivered. and by these presents e1\ )t'
grant. bargain. sell, transfer and deliver unto the said parties of the second part. their c"ecutl))',
administrators and assigns. the following:
That Southerly 31.67 feet of that certain dock adjacent to that certain bulkhead located
Easterly of the intersection ofN.E. 12th Avenue and N.E. 12th Terrace and South of Lot ] \\j
Mariners Way, according to the Plat thereof, as recorded in Plat Book 52. Page 19" uf till'
Public Records of Palm Beach County. Florida and North of Lot 1 ufLake Worth Marine!
Village. according to the Plat thereof. recorded in Plat Rook 33. Pages ...\ j and --1-2 ul tht
Public Records of Palm Beach County Florida. having the approximate dimensions l)n 1 c,-
feet in length and 5 feet in width.
TO HA VE AND TO HOLD the same unto the said parties of the second pan. their executor,
administrators and assigns forever.
AND they do. for them and their heirs. executors and administrators. CI1\'enant wand \\ itl:
the said parties of the second part. their executors. administrators and assigns. that they are the lawfu I
ovmers ofthe said goods and chattels: that they are free from all encumbrances. that they have gl)( ,d
right to sell the said aforesaid, and that they will warrant and defend the sale of the said propert~
goods and chattels hereby made, unto the said parties of the second part. their execull II"
administrators and assigns against the lawful claims and den,ands of all persons whnmsl)C\'el
IN WITNESS WHEREOF. they have hereunto set their hand and seal this
.2009.
Lia\ ',I
Si\!ned, sealed and delivered
in the presence of:
C i tv of 80vnton Beach
. '
By:
Witness
Printed Name of \Vitness
\\/itness
Printed Name of Witness
ST ATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
2007, by , as
Boynton Beach, who is personally known to me or who has produced
as identification.
Name:
Notary Public-State of
Commission No.:
My commission expires:
,
of the City of